HR 4205 IH
106th CONGRESS
2d Session
H. R. 4205
To authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense and for military construction, to
prescribe military personnel strengths for fiscal year 2001, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
April 6, 2000
Mr. SPENCE (for himself and Mr. SKELTON) (both by request) introduced the
following bill; which was referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense and for military construction, to
prescribe military personnel strengths for fiscal year 2001, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for
Fiscal Year 2001'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of Contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 104. Defense-wide Activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Multiyear Procurement Authority for Certain Army
Programs.
Sec. 112. Multiyear Procurement Authority for the DDG51.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of Appropriatons.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and Maintenance Funding.
Sec. 302. Working Capital Funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfers from the National Defense Stockpile Transaction
Fund.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement for Certain Costs in Connection with the Former
Nansemond Ordnance Depot Site, in Suffolk, Virginia.
Sec. 312. Payment of Fines or Penalties Imposed for Environmental
Violations.
Subtitle C--Other Matters
Sec. 321. Reimbursement by Civil Air Carriers for Support Provided at
Johnston Atoll.
Sec. 322. Use of Excess Titanium Sponge in the National Defense
Stockpile for Manufacturing Department of Defense Equipment.
Sec. 323. Clarification and Extension of Pilot Program for Acceptance
and Use of Landing Fees Charged for Use of Domestic Military Airfields by
Civil Aircraft.
Sec. 324. Economic Distribution of Distilled Spirits.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End Strengths for Active Forces.
Subtitle B--Reserve Forces
Sec. 411. End Strengths for Selective Reserve.
Sec. 412. End Strengths for Reserves on Active Duty in Support of the
Reserves.
Sec. 413. End Strengths for Military Technicians (Dual Status).
Sec. 414. Increase in Number of Members in Certain Grades Authorized to
be on Active Duty in Support of the Reserves.
Sec. 415. Active Duty End Strength Exemption for Performing Funeral
Honors Functions.
Sec. 416. Excluding Certain Reserve Component Members on Active Duty for
181 Days or More from Active Component End Strengths.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority to Retain Chaplains and Officers in Medical
Specialties Until Specified Age.
Sec. 502. Clarification of Authority for Posthumous Commissions.
Sec. 503. Release of Officer Promotion Selection Board Reports.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Exemption of Certain Reserve Component General and Flag
Officers, Serving in Joint Duty Assignments, from the Active Duty List for
Promotion Purposes.
Sec. 512. Authority to Temporarily Increase the Number of Officers
Serving on Active Duty or Full-Time National Guard Duty in Certain
Controlled Grades.
Sec. 513. Authority to Temporarily Increase the Number of Enlisted
Personnel Serving on Active Duty or Full-Time National Guard Duty in Certain
Controlled Grades.
Sec. 514. Exemption of Medical and Dental Officers from Counting in
Grade Strengths.
Sec. 515. Reserve Officer Promotion Authority.
Sec. 516. Continuation of Officers on the Reserve Active Status
List.
Sec. 517. Technical Correction to Retired Grade Rule.
Subtitle C--Education and Training
Sec. 521. Repeal of Contingent Funding for Junior Reserve Officers
Training Corps.
Sec. 522. National Guard Challenge Program.
Subtitle D--Decorations, Awards, and Commendations
Sec. 531. Authority for Award of the Medal of Honor to Ed W. Freeman for
Valor during Vietnam.
Sec. 532. Authority for Award of the Medal of Honor to Andrew J. Smith
for Valor During the Civil War.
Subtitle E--Joint Management
Sec. 541. Changes to the Joint Specialty Officer Program to Improve
Utility and Streamline Management.
Sec. 542. Promotion Policy Objectives for Joint Officers.
Sec. 543. Changes to Eligibility for Capstone, Post-education Placement
Requirements, and Length of Armed Forces Staff College Courses and Armed
Forces Staff College Provision of Instruction at Other Sites and in Other
Dimension.
Sec. 544. Modification to the Length of Joint Duty Assignments.
Sec. 545. Change to the Joint Staff Role in Monitoring Joint Officers to
Add Flexibility.
Sec. 546. Modifications to the Annual Report to Congress to Highlight
Key Indicators of Compliance.
Sec. 547. Modifications to Definition of Qualifying Joint Service to
Improve Management of Officers in Joint Activities.
Sec. 548. Modifications to Waivers and Exceptions to the Requirement for
a Joint Duty Assignment Before Promotion to General or Flag Grade to Reduce
Waivers.
Subtitle F--Selection Board Appeals
Sec. 551. Remedy in Cases involving Certain Selection Boards.
Sec. 552. Existing Jurisdiction.
Sec. 553. Effective Date.
Subtitle G--Other Matters
Sec. 561. Exemption of Retiree Council Members from Recalled Retiree
Limits.
Sec. 562. Tenure Requirement for Critical Acquisition Positions.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
Sec. 601. Aviation Career Incentive Pay--Authorize Secretaries to
Delegate Authority to Waive Operational Flying Duty Requirements.
Sec. 602. Improved Consistency of Special Pay for Reserve Medical and
Dental Officers.
Sec. 603. Funeral Honors Duty Compensation.
Sec. 604. Extension of Authorities Relating to Payment of Other Bonuses
and Special Pays.
Sec. 605. Extension of Certain Bonuses and Special Pay Authorities for
Reserve Forces.
Sec. 606. Extension of Certain Bonuses and Special Pay Authorities for
Nurse Officer Candidates, Registered Nurses, and Nurse Anesthetists.
Subtitle B--Travel and Transportation Allowances
Sec. 611. Revision to the Travel Management Allowance For Temporary
Lodging Expenses.
Sec. 612. Changes in the Administration of Baggage And Household Goods
Moves Payment for Savings in Shipping less Than Authorized Weights.
Sec. 613. Advance Payment of Temporary Lodging Allowance.
Sec. 614. Changes in the Administration of Motor Vehicle Transportation
or Storage.
Subtitle C--Other Matters
Sec. 631. Eligibility for Presidential Appointment to a Service Academy
for Children of Reserve Personnel.
Sec. 632. Personal Money Allowance for Senior Enlisted Members.
Sec. 633. Increase in Uniform Allowance for Officers.
Sec. 634. Revision of Authority to Prescribe the Quantity and Kind of
Clothing to be Furnished Annually to Enlisted Members (or Allowance in lieu
Thereof).
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Medical and Dental Care for Medal of Honor Recipients.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 801. Multiyear Contract: Acquisition of Property.
Sec. 802. Elimination of the Requirement to Furnish Written Assurances
of Technical Data Conformity.
Sec. 803. Elimination of Subcontract Notification Requirements.
Sec. 804. Certainty in Application of Cost Principles.
Sec. 805. Authorization for Contract Participation in Testing Defense
Acquisition Programs.
Sec. 806. Use of Indefinite Delivery Contracts.
Subtitle B--Other Matters
Sec. 811. Price Preference Adjustments in Selected Industry
Categories.
Sec. 812. Revision to Definition of Conventional Ammunition for Single
Manager Procurement.
Sec. 813. Technical Data Rights for Items Developed Exclusively at
Private Expense.
Sec. 814. Waiver of Live-Fire Survivability Testing MH-47E/MH-60K
Helicopter Modification Programs.
Sec. 815. Repeal of Certification of Funding for Support Costs in the
Five Year Defense Program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Organization
Sec. 901. Change of Name for Certain Officials of the Headquarters,
Marine Corps.
Sec. 902. Amendment to Broaden the Definition of Inspector General and
to Clarify Reponsibilities.
Subtitle B--Other Matters
Sec. 911. To Consolidate Various Department of the Navy Trust and Gift
Funds.
Sec. 912. Disposition of Gifts to the Naval Academy.
Sec. 913. Pilot Program for Payment of Retraining and Relocation
Expenses.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Administrative Offsets for Transportation Overcharges.
Sec. 1002. Date for Submittal of Joint Report on Scoring of Budget
Outlays.
Sec. 1003. Codification of Annual Recurring Appropriations Act General
Provision for Reimbursements Related to Certain Reserve Intelligence or
Counterintelligence Support.
Subtitle B--Humanitarian and Civil Assistance
Sec. 1011. Clarification of Authority to Provide Humanitarian and Civic
Assistance.
Sec. 1012. Authority to Pay Certain Expenses Relating to Humanitarian
and Civil Assistance for Clearance of Landmines.
Subtitle C--Miscellaneous Reporting Requirements and Repeals
Sec. 1015. Repeal of Reporting Requirement for B-2.
Sec. 1016. Amendment to National Guard and Reserve Component Equipment:
Annual Report to Congress.
Subtitle D--Other Matters
Sec. 1021. Recognition of Military Testamentary Instruments.
Sec. 1022. Cooperative Military Airlift Agreements; Allied
Countries.
Sec. 1023. Chemical Weapons Destruction Facility in Russia.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
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
1999 project.
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.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Navy construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
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.
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 FORCES 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 1998
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Sec. 2801. Real property transactions: reports to congressional
committees.
Sec. 2802. Definition of an armory.
Sec. 2803. Extension of authority for military housing privatization
initiative.
Sec. 2804. Reimbursement for services provided under housing
privatization agreements.
Sec. 2805. Leasing of military family housing, United States Southern
Command, Miami, Florida.
Sec. 2806. Revision of limitations on space by pay grade.
Sec. 2807. Modification to authority for land conveyance, Marine Corps
Air Station, El Toro, California.
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 2001 for
procurement for the Army as follows:
(1) For aircraft, $1,323,262,000.
(2) For missiles, $1,295,728,000.
(3) For weapons and tracked combat vehicles, $1,874,638,000.
(4) For ammunition, $1,131,323,000.
(5) For other procurement, $3,795,870,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY- Funds are hereby authorized to be appropriated for fiscal year
2001 for procurement for the Navy as follows:
(1) For aircraft, $7,963,858,000.
(2) For weapons, including missiles and torpedoes, $1,434,250,000.
(3) For shipbuilding and conversion, $12,296,919,000.
(4) For procurement of ammunition for the Navy and the Marine Corps,
$429,649,000.
(5) For other procurement, $3,334,611,000.
(b) MARINE CORPS- Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Marine Corps in the amount of
$1,171,935,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2001 for
procurement for the Air Force as follows:
(1) For aircraft, $9,539,602,000.
(2) For missiles, $3,061,715,000.
(3) For procurement of ammunition, $638,808,000.
(4) For other procurement, $7,699,127,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2001 for
defense-wide procurement in the amount of $2,275,308,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2001 for
procurement for the Defense Inspector General in the amount of $3,300,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2001 for
the Department of Defense for procurement for carrying out health care
programs, projects, and activities of the Department of Defense in the total
amount of $290,006,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 2001 in the
amount of $1,003,500,000 for--
(1) the destruction of lethal chemical weapons in accordance with
section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521); and
(2) the destruction of chemical warfare material of the United States
that is not covered by section 1412 of such Act.
Subtitle B--Multi-Year Contract Authorizations
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN ARMY PROGRAMS.
Beginning with the fiscal year 2001 program year, the Secretary of the
Army may, in accordance with section 2306b of title 10, United States Code,
enter into multi-year contracts for procurement of the following:
(1) The M2A3 Bradley Fighting Vehicle.
(2) The UH/60-CH/60 helicopter.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DDG-51.
Beginning with the fiscal year 2001 program year, the Secretary of the
Navy may, in accordance with section 2306b of title 10, United States Code,
enter into a multi-year contract for procurement of the DDG-51.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2001 for
the use of the Armed Forces for research, development, test, and evaluation,
as follows:
(1) For the Army, $5,260,346,000.
(2) For the Navy, $8,476,677,000.
(3) For the Air Force, $13,685,576,000.
(4) For Defense-wide research, development, test, and evaluation,
$10,439,802,000, of which $201,560,000 is authorized for the Director of
Operational Test and Evaluation.
(5) For the Defense Health Program, $65,880,000.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2001 for
the use of the Armed Forces of the United States and other activities and
agencies of the Department of Defense, for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $19,123,731,000.
(2) For the Navy, $23,300,154,000.
(3) For the Marine Corps, $2,705,658,000.
(4) For the Air Force, $22,346,977,000.
(5) For the Defense-wide activities, $11,920,069,000.
(6) For the Army Reserve, $1,521,418,000.
(7) For the Naval Reserve, $960,946,000.
(8) For the Marine Corps Reserve, $133,959,000.
(9) For the Air Force Reserve, $1,885,859,000.
(10) For the Army National Guard, $3,182,335,000.
(11) For the Air National Guard, $3,446,375,000.
(12) For the Defense Inspector General, $144,245,000.
(13) For the United States Court of Appeals for the Armed Forces,
$8,574,000.
(14) For Environmental Restoration, Army, $389,932,000.
(15) For Environmental Restoration, Navy, $294,038,000.
(16) For Environmental Restoration, Air Force, $376,300,000.
(17) For Environmental Restoration, Defense-wide, $23,412,000.
(18) For Environmental Restoration, Formerly Used Defense Sites,
$186,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$64,900,000.
(20) For Drug Interdiction and Counter-drug Activities, Defense-wide,
$836,300,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For the Defense Health Program, $11,244,543,000.
(23) For Cooperative Threat Reduction programs, $458,400,000.
(24) For Overseas Contingency Operations Transfer Fund,
$4,100,577,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2001 for
the use of the Armed Forces of the United States and other activities and
agencies of the Department of Defense for providing capital for working
capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $916,276,000.
(2) For the National Defense Sealift Fund, $388,158,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2001 from
the Armed Forces Retirement Home Trust Fund the sum of $69,832,000 for the
operation of the Armed Forces Retirement Home, including the United States
Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFERS FROM THE NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND.
(a) TRANSFER AUTHORITY- To the extent provided in appropriations Acts not
more than $150,000,000 is authorized to be transferred from the National
Defense Stockpile Transaction Fund to operation and maintenance accounts for
fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS- Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and the
same period as, the amounts in the accounts to which transferred; and
(2) may not be expended for an item that has been denied authorization
of appropriations by Congress.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER
NANSEMOND ORDNANCE DEPOT SITE, IN SUFFOLK, VIRGINIA.
(a) AUTHORITY TO REIMBURSE EPA- The Secretary of Defense may pay not more
than $98,210.00, using funds described in subsection (b), to the Former
Nansemond Ordnance Depot Site Special Account within the Hazardous Substance
Superfund established by section 9507 of the Internal Revenue Code of 1986 (26
U.S.C. 9507) to reimburse the Environmental Protection Agency for costs
incurred by the agency in overseeing a time critical removal action (TCRA)
under CERCLA being performed by DoD under the Defense Environmental
Restoration Program (10 U.S.C. 2701) for ordnance and explosive safety hazards
at the Former Nansemond Ordnance Depot Site in Suffolk, Virginia, pursuant to
an Interagency Agreement, entered into by the Department of the Army and the
Environmental Protection Agency on January 3, 2000.
(b) SOURCE OF FUNDS- Any payment under subsection (a) shall be made using
amounts authorized to be appropriated by section 301 to Environmental
Restoration, Formerly Used Defense Sites.
(c) CERCLA DEFINED- In this section, the term `CERCLA' means the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
SEC. 312. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRONMENTAL
VIOLATIONS.
The Secretary of the Military Department concerned may pay from funds
otherwise available for such purposes not more than the following amounts at
the locations and for the purposes indicated below:
(1) For the Department of the Army:
(A) $993,000 for Walter Reed Army Medical Center, Washington, D.C.,
under the Resource Conservation and Recovery Act, in satisfaction of a
fine imposed by Environmental Protection Agency Region 3, for a
Supplemental Environmental Project.
(B) $377,250 for Fort Campbell, Kentucky, under the Resource
Conservation and Recovery Act, in satisfaction of a fine imposed by
Environmental Protection Agency Region 4, for a Supplemental Environmental
Project.
(C) $20,701 for Fort Gordon, Georgia, under the Resource Conservation
and Recovery Act, in satisfaction of a fine imposed by the State of
Georgia, for a Supplemental Environmental Project.
(D) $78,500 for Pueblo Chemical Depot, Colorado, under the Resource
Conservation and Recovery Act, in satisfaction of a fine imposed by the
State of Colorado, for Supplemental Environmental Projects.
(E) $20,000 for Deseret Chemical Depot, Utah, under the Resource
Conservation and Recovery Act, in satisfaction of a fine imposed by the
State of Utah, for a Supplemental Environmental Project.
(2) For the Department of the Navy:
(A) $108,800 for Allegany Ballistics Laboratory, West Virginia, under
the Resource Conservation and Recovery Act, to the West Virginia Division
of Environmental Protection to pay a cash penalty.
(B) $5,000 for Naval Air Station, Corpus Christi, Texas, under the
Clean Air Act, to Environmental Protection Agency Region 6, to pay a cash
penalty.
Subtitle C--Other Matters
SEC. 321. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT PROVIDED AT
JOHNSTON ATOLL.
(a) IN GENERAL- Chapter 949 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 9783. Reimbursement by civil air carriers for support provided at
Johnston Atoll
`(a) AUTHORITY OF THE SECRETARY- Subject to subsection (b), the Secretary
of the Air Force may issue regulations requiring payment by civil air carriers
for support provided to them at Johnston Atoll.
`(b) TYPES OF CHARGES- Any regulations issued under subsection (a)--
`(1) may charge, but not exceed, the actual costs, including indirect
costs, of support provided by the United States to the civil air
carrier;
`(2) may only include charges for support requested by the civil air
carrier or required to accommodate the civil air carrier's use of Johnston
Atoll; and
`(3) shall provide that charges under them shall be in lieu of any
otherwise collectable landing fees.
`(c) SUPPORT DEFINED- In this section, the term `support' includes the
costs of construction, repairs, services, or supplies, including, but not
limited to, fuel, fire rescue, use of facilities, improvements required to
accommodate use by civil air carriers, police, safety, housing, food, air
traffic control, and suspension of military operations on the island
(including operations at the Johnston Atoll Chemical Agent Demilitarization
System).
`(d) DISPOSITION OF PAYMENTS- Notwithstanding any other provision of law,
amounts collected from a civil air carrier under this section shall be
credited to the appropriations under which the costs associated with the
support were incurred. Amounts so credited shall be available for obligation
for the same period as the appropriation to which credited.
`(e) PAY-AS-YOU-GO SCORING- From the cash proceeds resulting from services
provided to civil air carriers at Johnston Atoll under the authorities
provided by this section, for which the Air Force does not have existing
authority to retain, up to the following amounts shall be transferred to
Miscellaneous Receipts in the Treasury:
`(1) In FY 2001, $219,000;
`(2) In FY 2002, $219,000;
`(3) In FY 2003, $219,000;
`(4) In FY 2001, $219,000; and
`(5) In FY 2001, $219,000.'.
(b) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter
949, United States Code, is amended by adding at the end the following new
item:
`9783. Reimbursement by civil air carriers for support provided at
Johnston Atoll.'.
SEC. 322. USE OF EXCESS TITANIUM SPONGE IN THE NATIONAL DEFENSE STOCKPILE
FOR MANUFACTURING DEPARTMENT OF DEFENSE EQUIPMENT.
(a) TRANSFER AUTHORIZED- Upon the request of the Secretary of a Military
Department or the Director of a Defense Agency, the Secretary of Defense may
transfer excess titanium sponge from the stocks of the National Defense
Stockpile for use in manufacturing defense equipment.
(b) NON-REIMBURSABLE- Transfer under this section shall be without a
requirement to reimburse the National Defense Stockpile Transaction Fund. The
recipient Military Department shall pay all transportation and related costs
incurred in connection with the transfer.
(c) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY- The quantity of titanium
sponge transferred under this section may not exceed the amount identified as
excess in section 3304 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85, 111 Stat. 2057). Transfers to the Secretary of
the Army pursuant to section 3305 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106, 110 Stat. 630) take precedence over
transfers under this section.
SEC. 323. CLARIFICATION AND EXTENSION OF PILOT PROGRAM FOR ACCEPTANCE AND
USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL
AIRCRAFT.
Section 377 of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999, Public Law 105-261, is amended as follows:
(A) by striking `1999 and 2000' and inserting `2001, 2002, and 2003';
and
(B) by striking the last sentence of such subsection and inserting
`Authority to carry out a pilot program under this section shall terminate
September 30, 2003.';
(2) by amending subsection (b) to read as follows:
`(b) LANDING FEES DEFINED- For purposes of this section, the term `landing
fees' shall mean any fee established under or in accordance with regulations
of the military department concerned, whether prescribed by fee schedule or
imposed under a joint-use agreement, to recover costs for civil aircraft use
of the department's airfields in the United States, its territories and
possessions.';
(3) in subsection (c), by striking `Amounts received for a fiscal year
in payment of landing fees imposed' and inserting `Landing fees collected.';
and
(A) by striking `March 31, 2000', and inserting `March 31, 2003,';
and
(B) by striking `December 31, 1999' and inserting `December 31,
2002.'.
SEC. 324. ECONOMIC DISTRIBUTION OF DISTILLED SPIRITS.
Subsection 2488(c) of title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of
September 30, 2001, as follows:
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL- The Armed Forces are authorized strengths for Selected
Reserve personnel of the reserve components as of September 30, 2001, as
follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,500.
(5) The Air National Guard of the United States, 108,000.
(6) The Air Force Reserve, 74,300.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately reduced
by--
(1) the total authorized strength of units organized to serve as units
of the Selected Reserve of such component which are on active duty (other
than for training) at the end of the fiscal year, and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on active
duty (other than for training or for unsatisfactory 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 increased
proportionately by the total authorized strengths of such units and by the
total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2001, the
following number of Reserves to be serving on full-time active duty or, in the
case of members of the National Guard, full-time National Guard duty for the
purpose of organizing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United States, 22,448.
(2) The Army Reserve, 12,806.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,203.
(5) The Air National Guard of the United States, 11,148.
(6) The Air Force Reserve, 1,278.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.
The Reserve Components of the Army and the Air Force are authorized
strengths for military technicians as of September 30, 2001, as follows:
(1) For the Army Reserve, 6,444.
(2) For the Army National Guard of the United States, 23,957.
(3) For the Air Force Reserve, 9,733.
(4) For the Air National Guard of the United States, 22,547.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO BE
ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS- The table in section 12022(a) of title 10, United States
Code, is amended to read as follows:
-------------------------------------------------------------------
`Grade Army Navy Air Force Marine Corps
-------------------------------------------------------------------
Major or Lieutenant Commander 3,227 1,071 998 140
Lieutenant Colonel or Commander 1,611 520 818 90
Colonel or Navy Captain 471 188 300 30'
-------------------------------------------------------------------
(b) SENIOR ENLISTED MEMBERS- The table in section 12012(a) of title 10,
United States Code, is amended to read as follows:
-----------------------------------------
`Grade Army Navy Air Force Marine Corps
-----------------------------------------
E-9 645 202 473 20
E-8 2,593 429 1,108 94'
-----------------------------------------
SEC. 415. ACTIVE DUTY END STRENGTH EXEMPTION FOR PERFORMING FUNERAL HONORS
FUNCTIONS.
Section 115(d) of title 10, United States Code, is amended by adding at
the end the following new paragraphs:
`(9) Members of reserve components on active duty to prepare for and to
perform funeral honors functions for funerals of veterans in accordance with
section 1491 of this title.
`(10) Members on full-time National Guard duty to prepare for and to
perform funeral honors functions for funerals of veterans in accordance with
section 1491 of this title.'.
SEC. 416. EXCLUDING CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY FOR 181
DAYS OR MORE FROM ACTIVE COMPONENT END STRENGTHS.
Section 115(d) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
`(9) Members of reserve components on active duty for 181 days or more
to perform special work in support of the armed forces (other than the Coast
Guard) and the combatant commands not to exceed two tenths of one percent of
authorized active duty personnel.'.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORITY TO RETAIN CHAPLAINS AND OFFICERS IN MEDICAL SPECIALTIES
UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code, is amended to read as
follows:
`(3) The Secretary of the Air Force may, with the officer's consent,
retain in an active status any reserve officer who is designated as a
medical officer, dental officer, Air Force nurse, Medical Service Corps
officer, biomedical sciences officer or chaplain.'.
SEC. 502. CLARIFICATION OF AUTHORITY FOR POSTHUMOUS COMMISSIONS.
Section 1521(a)(3) of title 10, United States Code, is amended by
inserting `(whether before or after the member's death)' after `was approved
by the Secretary concerned'.
SEC. 503. RELEASE OF OFFICER PROMOTION SELECTION BOARD REPORTS.
(a) ACTIVE-DUTY LIST OFFICER BOARDS- Section 618(e) of title 10, United
States Code, is amended by striking the first sentence and inserting the
following: `Upon transmittal to the President of the report of a selection
board that considered officers for promotion to a grade below brigadier
general or rear admiral (lower half), the names of the officers recommended
for promotion by the selection board (other than any name deferred from
transmittal) may be disseminated to the armed force concerned.'.
(b) RESERVE ACTIVE-STATUS LIST OFFICER BOARDS- Section 14112 of title 10,
United States Code, is amended by striking the first sentence and inserting
the following: `Upon transmittal to the President of the report of a selection
board that considered officers for promotion to a grade below brigadier
general or rear admiral (lower half), the names of the officers recommended
for promotion by the selection board (other than any name deferred from
transmittal) may be disseminated to the armed force concerned.'.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. EXEMPTION OF CERTAIN RESERVE COMPONENT GENERAL AND FLAG OFFICERS,
SERVING IN JOINT DUTY ASSIGNMENTS, FROM THE ACTIVE DUTY LIST FOR PROMOTION
PURPOSES.
Section 641(1)(B) of title 10 is amended by inserting `526(b)(2)(A),'
after `section' the first time such term appears in the subparagraph.
SEC. 512. AUTHORITY TO TEMPORARILY INCREASE THE NUMBER OF OFFICERS SERVING
ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY IN CERTAIN CONTROLLED
GRADES.
Section 12011 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(c) Upon a determination by the Secretary of Defense that such action is
in the national interest, the Secretary may increase the number of officers
serving in any grade for a fiscal year pursuant to subsection (a) by not more
than the percent authorized by the Secretary under section 115(c)(2) of this
title.'.
SEC. 513. AUTHORITY TO TEMPORARILY INCREASE THE NUMBER OF ENLISTED PERSONNEL
SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY IN CERTAIN CONTROLLED
GRADES.
Section 12012 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(c) Upon determination by the Secretary of Defense that such action is in
the national interest, the Secretary may increase the number of enlisted
members serving in any grade for a fiscal year pursuant to subsection (a) by
not more than the percent authorized by the Secretary under section 115(c)(2)
of this title.'.
SEC. 514. EXEMPTION OF MEDICAL AND DENTAL OFFICERS FROM COUNTING IN GRADE
STRENGTHS.
Section 12005(a)(1) of title 10, United States Code, is amended by adding
at the end the following: `Medical officers and dental officers shall be
excluded in computing and determining the authorized strengths under this
subsection.'.
SEC. 515. RESERVE OFFICER PROMOTION AUTHORITY.
Section 641(1) of title 10, United States Code, is amended:
(1) by redesignating subparagraphs (D) through (G) as subparagraphs (E)
through (H), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph:
`(D) who is currently on the Reserve Active Status List and is ordered
to active duty under section 12301(d) of this title, other than as
provided in subparagraph (C), for a period of three years or
less;'.
SEC. 516. CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE STATUS LIST.
Section 14701(a) of title 10, United States Code, is amended by striking
`Upon application, a reserve officer' and inserting `A reserve officer'.
SEC. 517. TECHNICAL CORRECTION TO RETIRED GRADE RULE.
(a) ARMY- Section 3961(a) of title 10, United States Code, is amended by
striking `or for nonregular service under chapter 1223 of this title,'.
(b) AIR FORCE- Section 8961(a) of title 10, United States Code, is amended
by striking `or for nonregular service under chapter 1223 of this title,'.
(c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall
apply to Reserve commissioned officers who are promoted to a higher grade as a
result of selection for promotion under chapter 36 or chapter 1405 of title
10, United States Code, or having been found qualified for federal recognition
in a higher grade under chapter 3 of title 32, United States Code, after
October 5, 1994.
Subtitle C--Education and Training
SEC. 521. REPEAL OF CONTINGENT FUNDING FOR JUNIOR RESERVE OFFICERS TRAINING
CORPS.
(a) IN GENERAL- Section 2033 of title 10, United States Code, is
repealed.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by striking the item relating to section 2033.
SEC. 522. NATIONAL GUARD CHALLENGE PROGRAM.
Section 509(b) of title 32, United States Code, is amended by striking `,
except that Federal expenditures under the program may not exceed $50,000,000
for any fiscal year'.
Subtitle D--Medal of Honor Recipients
SEC. 531. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO ED W. FREEMAN FOR
VALOR DURING VIETNAM.
(a) WAIVER OF TIME LIMITATIONS- Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the military service, the President may award the Medal of Honor
under section 3741 of that title to Ed W. Freeman, of Boise, Idaho, for the
acts of valor referred to in subsection (b).
(b) ACTION DESCRIBED- The acts of valor referred to in subsection (a) are
the actions of Ed W. Freeman on November 14, 1965, as a flight leader and
second in command of a 16-helicopter lift unit, serving in the grade of
Captain at landing zone X-Ray in the battle of the IaDrang Valley, Republic of
Vietnam, with Alpha Company, 229 Assault Helicopter Battalion, 101st Cavalry
Division (Airmobile).
SEC. 532. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO ANDREW J. SMITH FOR
VALOR DURING THE CIVIL WAR.
(a) WAIVER OF TIME LIMITATIONS- Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the military service, the President may award the Medal of Honor,
posthumously, under section 3741 of that title to Andrew J. Smith, for the
acts of valor referred to in subsection (b).
(b) ACTION DESCRIBED- The acts of valor referred to in subsection (a) are
the actions of Andrew J. Smith on November 30, 1864, as an infantry corporal
serving in the United States Army in South Carolina with the 55th
Massachusetts Voluntary Infantry during a combat operation in the Civil War
Battle of Honey Hill, South Carolina.
Subtitle E--Joint Management
SEC. 541. CHANGES TO THE JOINT SPECIALTY OFFICER PROGRAM TO IMPROVE UTILITY
AND STREAMLINE MANAGEMENT.
(a) MANAGEMENT POLICIES FOR JOINT SPECIALTY OFFICERS- Section 661 of title
10, United States Code, is amended--
(1) in subsection (a), by striking `, or having been nominated for, `the
joint specialty'.' and inserting `the `joint specialty officer' designation.
Joint specialty officers are intended to provide a quickly identifiable,
ready source of officers with joint experience and education to meet special
requirements on any organizational staff and/or joint task force
operation.';
(2) in subsection (b), by amending the subsection to read as
follows:
`(b) NUMBERS AND SELECTIONS- Officers will be designated with a joint
specialty officer identifier upon completion of the requirements stipulated in
paragraph (c) below. Designation of officers with the joint specialty officer
identifier can only be made among officers--
`(1) who meet qualifications prescribed by the Secretary of Defense;
and
`(2) who complete their joint duty assignment when the officer is
serving in a grade not less than major or, in the case of the Navy,
lieutenant commander.';
(A) by amending paragraph (1) to read as follows:
`(1) An officer will be designated with a joint specialty officer
identifier after the officer--
`(A) successfully completes a Chairman of the Joint Chiefs of Staff
accredited program from a joint professional military education
institution and successfully completes a full tour of duty in a joint duty
assignment (not necessarily in this order); or,
`(B) successfully completes two full tours of duty in joint duty
assignments.';
(B) in paragraph (2), by striking subparagraph (A) and the designator
`(B)' at the beginning of subparagraph (B); and
(C) by striking paragraph (4).
(4) subsection (d) is amended to read as follows:
`(d) AUTHORITY TO GRANT WAIVERS- The Secretary of a military department
may request the Secretary of Defense to waive the provisions of subparagraphs
(A) or (B) of section (c)(1) for a particular officer for unusual
circumstances. The requesting Secretary must justify the request and relate
how the officer's situation equates to the established joint experience and
educational standards expected for the joint specialty officer designation. In
the case of a general or flag officer, the Secretary of Defense may grant a
waiver only for a critical need of the armed forces. The authority of the
Secretary of Defense to grant a waiver under this subsection may be delegated
only to the Deputy Secretary of Defense or Chairman of the Joint Chiefs of
Staff.';
(5) subsection (e) is amended to read as follows:
`(e) JSO DESIGNATION FOR GENERAL AND FLAG POSITIONS- The Secretary shall
ensure that, of joint duty assignments filled by general or flag officers,
those positions that require, or could be enhanced by, a joint specialty
officer will be designated as requiring a joint specialty officer. Once a
position is designated as requiring a joint specialty officer, a non-joint
specialty officer can be assigned to the position under a waiver of the
requirement only if deemed necessary by the Secretary of Defense.'; and
(6) subsection (f) is amended to read as follows:
`(f) DESIGNATION OF JOINT PROFESSIONAL MILITARY EDUCATION INSTITUTIONS-
For purposes of this chapter, an educational institution may not be construed
to be a joint professional military education institution unless it is
accredited by the Chairman of the Joint Chiefs of Staff as such.'.
SEC. 542. PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
Section 662 of title 10, United States Code is amended--
(1) by amending subsection (a) to read as follows:
`(a) QUALIFICATIONS- (1) The Secretaries of each military department shall
establish an internal procedure and process necessary to validate the
qualifications of active duty list officers assigned to joint duty activities,
as defined in section 668 of this title. Such internal requirements shall
ensure an adequate number of senior colonels, or in the case of the Navy,
captains, are eligible for promotion to brigadier general/rear admiral (lower
half) to meet the requirements of section 619a of this title.
`(2) The Secretary of Defense shall ensure that the qualifications of
officers assigned to joint duty assignments are such that officers who are
serving in joint duty assignments are expected, as a group, to be promoted to
the next higher grade at a rate not less than the rate for all officers of the
same armed force in the same grade and competitive category.
`(3) The Secretary of Defense shall develop policies to ensure that the
Secretaries of the military departments provide appropriate consideration to
joint service officers eligible for promotion selection boards. Such policies
shall ensure that an officer currently serving in a joint assignment be
appointed as a member of a military department promotion board. Such officer
shall first be approved by the Chairman of the Joint Chiefs of Staff. Such
policies also shall ensure that the Chairman of the Joint Chiefs of Staff have
an opportunity to review and comment on each promotion selection board to the
Secretary of Defense and the Secretary of the military department concerned
prior to action on the board by the Secretary of the military department
concerned.'; and
(2) in subsection (b) by striking `, or have served in'.
SEC. 543. CHANGES TO ELIGIBILITY FOR CAPSTONE, POST-EDUCATION PLACEMENT
REQUIREMENTS, AND LENGTH OF ARMED FORCES STAFF COLLEGE COURSES AND ARMED FORCES
STAFF COLLEGE PROVISION OF INSTRUCTION AT OTHER SITES AND IN OTHER
DIMENSION.
Section 663 of title 10, United States Code, is amended--
(1) in section (a)(2)(C), by striking `scientific and technical' and
inserting `career field specialty';
(2) by striking subsection (d);
(3) by redesignating subsection (e) as subsection (d); and
(4) by amending subsection (d), as redesignated by this section--
(A) by striking the catchline for the subsection and inserting
`PRINCIPAL COURSES OF INSTRUCTION PROVIDED BY THE ARMED FORCES STAFF
COLLEGE- ';
(B) in paragraphs (1) and (2), by striking `course of instruction
offered at the Armed Forces Staff College' each time such phrase occurs in
each paragraph and inserting in each instance `course of instruction
provided by the Armed Forces Staff College';
(C) in paragraph (2), by striking `three' and inserting `two';
and
(D) by inserting before the period at the end of paragraph (2) `,
whether taught at the Armed Forces Staff College or taught by the Armed
Forces Staff College at another appropriate location'.
SEC. 544. MODIFICATION TO THE LENGTH OF JOINT DUTY ASSIGNMENTS.
Section 664 of title 10, United States Code is amended--
(1) by amending subsection (a) to read as follows:
`(a) LENGTH OF JOINT DUTY ASSIGNMENTS- The length of a joint duty
assignment will mirror the standard tour length the Secretary of Defense
establishes for each installation or location at which joint duty assignments
are authorized. Joint duty credit is awarded as provided by paragraph (d).
Duty at a qualified joint task force headquarters requires one year of total
service credited in the manner specified in paragraph (g)(4)(B).';
(A) by striking `subsection (a) in the case of any officer' and
inserting thereof: `this section when it is considered critical for
military personnel management'; and
(B) by adding at the end the following new sentence: `Such a waiver
may be granted only on a case-by-case basis in the case of any
officer.';
(3) by striking subsection (c);
(4) by amending subsection (d) to read as follows:
`(d) EXCLUSIONS FROM TOUR LENGTH- The Secretary of a military department
may request the joint activity to which an officer is assigned to curtail the
officer's joint assignment. The Secretary of Defense may authorize such a
joint service tour curtailment from the standards prescribed in subsection
(a), provided the officer serving the tour has served at least 24 months in a
joint position with a tour length of greater than 24 months.';
(5) by striking subsection (e);
(A) by inserting `, (c), or (e); or' after `that meets the standards
prescribed in subsection (a)'; and
(B) by striking paragraphs (2) through (5) and inserting the following
new paragraphs:
`(2) Accumulation of partial credit earned by service in one or more
joint task force headquarters as specified in paragraph (a), or as
prescribed by the Secretary of Defense.
`(3) A joint duty assignment with respect to which the Secretary of
Defense has granted a waiver under subsection (b), but only in a case in
which the Secretary determines that the service completed by that officer in
that duty assignment shall be considered to be a full tour of duty in a
joint duty assignment.
`(4) The joint duty assignment was completed when the officer was
serving in a grade not less than major, or, in the case of the Navy,
lieutenant commander.'; and
(C) by redesignating paragraph (6) as paragraph (5).
(7) by amending subsection (g) to read as follows:
`(g) ACTIVITY OF ASSIGNMENT TO RECEIVE JOINT DUTY CREDIT- Officers must
serve in a permanent position considered a joint duty assignment as determined
by the Secretary of Defense where significant experience in joint matters is
obtained.';
(8) by amending subsection (h) to read as follows:
`(h) JOINT FULL TOUR CREDIT REQUIREMENT FOR PROMOTION TO GENERAL OR FLAG
GRADE- Officers must serve a full joint tour of duty under subsection (d) to
meet the eligibility requirements set forth in section 619a of this
title.';
(A) in paragraph (4)(E), by striking `combat or combat related' and
inserting `as approved by the Secretary of Defense'; and
(B) in paragraph (5), by striking `section 661(d)(1), section
662(a)(3), section 662(b), subsection (a) of this section, and paragraphs
(7), (8), (9), (11), and (12) of section 667' and inserting `section 662
and section 667(a)(2), (4), and (7).'; and
(C) by striking paragraph (6); and
(10) by redesignating subsections (d) through (i) as subsections (c)
through (h), respectively.
SEC. 545. CHANGE TO THE JOINT STAFF ROLE IN MONITORING JOINT OFFICERS TO ADD
FLEXIBILITY.
(a) IN GENERAL- Section 665 of title 10, United States Code is amended to
read as follows:
Sec. 665. Monitoring careers of joint officers
`The Secretary of Defense shall take such action as necessary to enhance
the capabilities of the Joint Staff so that it can monitor the personnel
issues of officers with the joint specialty officer designation and of other
officers who serve or have served in joint duty assignments, as required.';
and
(b) CONFORMING AMENDMENT- The table of sections at the beginning of such
chapter 38 is amended by amending the item relating to section 665 to read as
follows:
`665. Monitoring careers of joint officers.'.
SEC. 546. MODIFICATIONS TO THE ANNUAL REPORT TO CONGRESS TO HIGHLIGHT KEY
INDICATORS OF COMPLIANCE.
Section 667 of title 10, United States Code is amended by striking
paragraphs (1) through (18) and inserting the following new paragraphs:
`(1) The number of joint specialty officers reported by grade, and
branch or specialty.
`(2) An analysis of how well the Secretary of each military department
is assigning personnel to joint positions.
`(3) The number of good of the service waivers by the number of
brigadier generals/rear admirals (lower half) selected, per year.
`(4) The percent of officers departed from joint duty before earning
full tour credit.
`(5) The percent of National Defense University class seats filled, by
course.
`(6) A listing of joint task force headquarters currently approved for
joint duty credit and their mission descriptions.
`(7) Promotion comparison statistics for all promotion selection
boards.
`(8) Such other significant information as determined by the Secretary
of Defense.'.
SEC. 547. MODIFICATIONS TO DEFINITION OF QUALIFYING JOINT SERVICE TO IMPROVE
MANAGEMENT OF OFFICERS IN JOINT ACTIVITIES.
Section 668(c) of title 10, United States Code, is amended to read as
follows:
`(C) CLARIFICATION OF `TOUR OF DUTY'- For purposes of this chapter, a
single tour of duty for the purpose of awarding joint duty credit is
defined as one in which the officer serves consecutive tours in joint duty
assignment positions that award joint duty credit, or service as otherwise
prescribed by the Secretary of Defense.'.
SEC. 548. MODIFICATIONS TO WAIVERS AND EXCEPTIONS TO THE REQUIREMENT FOR A
JOINT DUTY ASSIGNMENT BEFORE PROMOTION TO GENERAL OR FLAG GRADE TO REDUCE
WAIVERS.
Section 619a(b) is amended--
(1) in paragraph (2) by striking scientific and technical qualifications
and inserting `career field specialty qualifications';
(2) in paragraph (4), by striking subparagraphs (A) and (B) and the dash
at the end of the remaining text of the paragraph, and inserting in lieu
thereof a period.
Subtitle F--Selection Board Appeals
SEC. 551. REMEDY IN CASES INVOLVING CERTAIN SELECTION BOARDS.
(a) Chapter 79 of title 10, United States Code, is amended by adding after
section 1557 a new section 1558, to read as follows:
Sec. 1558. Remedy in cases involving selection boards
`(a) Notwithstanding any other provision of law, the remedies prescribed
by this section shall be the sole and exclusive remedies available to a person
challenging for any reason the action or recommendation of a selection
board.
`(b) A person challenging for any reason the action or recommendation of a
selection board, shall not be entitled to relief in any judicial proceeding
unless he has first been considered by a special board under this section, or
has been denied such consideration by the Secretary concerned. A decision by
the Secretary concerned to deny such consideration shall be subject to
judicial review only for procedural error or on the basis that such decision
is arbitrary, capricious or otherwise contrary to law. A recommendation by a
special board or a decision resulting from such recommendation shall be
subject to judicial review only for procedural error or on the basis that such
decision is contrary to law.
`(c) If consideration by a special board results in a decision favorable
to a person considered thereby, the Secretary concerned may correct such
person's military records to reflect that favorable decision, retroactive to
the effective date of the action of the original selection board. In effecting
such correction, the Secretary shall ensure that a person who, as a result of
consideration by a special board, becomes entitled to retention on or
restoration to active duty or
active status in a reserve component, shall--
`(1) with his consent, be retroactively and prospectively restored to
the same status, rights and entitlements (less appropriate offsets against
back pay and allowances) in his armed force as he would have had if he had
not been selected to be separated, retired or transferred to the retired
reserve or to inactive status in a reserve component as a result of the
recommendation of the original selection board, provided that nothing herein
shall be construed to permit the retention of such person on active duty or
in an active status in a reserve component beyond the date on which he would
have been separated, retired or transferred to the retired reserve or to
inactive status in a reserve component if he had not been selected to be
separated, retired or transferred to the retired reserve or to inactive
status in a reserve component as a result of the recommendation of the
original selection board; or
`(2) if he does not consent to such restoration, receive back pay and
allowances (less appropriate offsets) and service credit from the date of
his separation, retirement or transfer to the retired reserve or to inactive
status in a reserve component until the earlier of (A) the date he would
have been restored under clause (1) of this subsection, as determined by the
Secretary concerned, or (B) the date on which he would have been separated,
retired or transferred to the retired reserve or to inactive status in a
reserve component if he had not been selected to be separated, retired or
transferred to the retired reserve or to inactive status in a reserve
component as a result of the recommendation of the original selection
board.
`(d) If consideration by a special board results in a decision unfavorable
to a person considered thereby, such decision shall be deemed to confirm the
action of the original selection board with respect to that person,
retroactive to the effective date of such action of the original selection
board.
`(e) The Secretary concerned may prescribe regulations to implement this
section. Such regulations may prescribe the circumstances under which the
consideration may be provided under this section, including the circumstances
under which such consideration is contingent upon application for such
consideration, and time limits within which a person must make such
application in order to receive such consideration. Such regulations issued by
the Secretary of a Military Department must be approved by the Secretary of
Defense.
`(f) INAPPLICABILITY TO THE COAST GUARD- This section does not apply to
the Coast Guard when it is not operating as a service in the Department of the
Navy.
`(g) DEFINITIONS- As used in this section:
`(1) `Special board' means a board convened by the Secretary concerned
under any authority to consider whether to recommend a person for
appointment, enlistment, reenlistment, assignment, promotion, retention,
separation, retirement or transfer to inactive status in a reserve
component, in place of consideration by a prior selection board which
considered or should have considered that person, but does not include a
promotion special selection board convened under section 628 or 14502 of
this title. A board for correction of military or naval records convened
under section 1552 of this title is a special board if so designated by the
Secretary concerned.
`(2) `Selection board' means a selection board convened under section
573, 580, 580a, 581, 611, 637, 638, 638a, 14101, 14701, 14704 or 14705 of
this title, and any other board (except a special board or a board convened
under section 1552 of this title) convened by the Secretary concerned under
any authority to recommend persons for appointment, enlistment,
reenlistment, assignment, promotion or retention in the armed forces; or for
separation, retirement or transfer to inactive status in a reserve component
for the purpose of reducing the number of persons serving in the armed
forces. However, for the purposes of this section, `selection board' does
not include a promotion selection board convened under sections 573(a),
611(a), or 14101(a) of this title.
`(3) `Secretary concerned' means the Secretary of a military department.
It does not include the Secretary of Transportation.
(b) CLERICAL AMENDMENT- The table of sections for such chapter is amended
by adding after the item related to section 1557 the following new item:
`1558. Remedy in cases involving certain selection boards.'.
SEC. 552. EXISTING JURISDICTION.
(a) Nothing in this Act shall limit the existing jurisdiction of any
Federal court to determine the validity of any statute, regulation, or policy
relating to selection boards, provided that, in the event any such statute,
regulation or policy is found to be invalid, the remedies prescribed in this
Act shall be the sole and exclusive remedies available to any person
challenging the recommendation of a selection board on the basis of such
invalidity.
(b) Nothing in this Act shall limit the existing authority of the
Secretary of a military department (or with respect to the Coast Guard, the
Secretary of Transportation) to correct any military record of the Secretary's
department under section 1552 of title 10, United States Code.
SEC. 553. EFFECTIVE DATE.
The amendments made by section 551 of this Act are retroactive without
limitation and shall be construed to apply to any proceeding pending on the
date of enactment of this Act, or hereafter brought, in any court.
Subtitle G--Other Matters
SEC. 561. EXEMPTION OF RETIREE COUNCIL MEMBERS FROM RECALLED RETIREE
LIMITS.
Section 690 (b)(2) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
`(D) Any officer assigned to duty as a member of the Army, Navy, or
Air Force Retiree Council for the period of active duty to which
ordered.'.
SEC. 562. TENURE REQUIREMENT FOR CRITICAL ACQUISITION POSITIONS.
Section 1734(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking `critical acquisition position' and
inserting in lieu thereof `program manager or deputy program manager
position for a significant nonmajor defense acquisition program, program
executive officer position, general or flag officer position or civilian
position equivalent thereto, or senior contracting official position';
and
(2) in paragraph (2), by striking `critical acquisition position' and
inserting in lieu thereof `program manager or deputy program manager
position for a significant nonmajor defense acquisition program, program
executive officer position, general or flag officer position or civilian
position equivalent thereto, or senior contracting official position'.
TITLE VI--COMPENSATION AND PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
SEC. 601. AVIATION CAREER INCENTIVE PAY; DELEGATION OF AUTHORITY TO WAIVE
OPERATIONAL FLYING DUTY REQUIREMENTS.
Section 301a (a)(5) of title 37, United States Code, is amended by
striking the third sentence and inserting `The Secretary concerned may
delegate the authority in the preceding sentence, but not below the Service
Personnel Chief, to permit the payment of incentive pay under this
paragraph.'.
SEC. 602. IMPROVED CONSISTENCY OF SPECIAL PAY FOR RESERVE MEDICAL AND DENTAL
OFFICERS.
(a) RESERVE MEDICAL OFFICERS SPECIAL PAY AMENDMENT- Section 302(h)(1) of
title 37, United States Code, is amended by adding at the end: `, including
active duty in the form of annual training, active duty for training, and
active duty for special work'.
(b) RESERVE DENTAL OFFICERS SPECIAL PAY AMENDMENT- Section 302f(d) of
title 37, United States Code, is amended to read as follows:
`(d) SPECIAL RULE FOR RESERVE MEDICAL AND DENTAL OFFICERS- While a reserve
medical or dental officer receives a special pay under section 302 or 302b
(whichever applies) of this title by reason of subsection (a), the officer
shall not be entitled to special pay under subsection (h) of such section 302
or 302b.'.
SEC. 603. FUNERAL HONORS DUTY COMPENSATION.
(a) COMPENSATION OF MEMBERS OF THE NATIONAL GUARD FOR FUNERAL HONORS DUTY-
Section 115(b)(2) of title 32, United States Code, is amended by adding before
the period at the end: `or compensation at the rate prescribed in section 206
of title 37'.
(b) COMPENSATION OF MEMBERS OF A RESERVE COMPONENT GUARD FOR FUNERAL
HONORS DUTY- Section 12503(b)(2) of title 10, United States Code, is amended
by adding before the period at the end: `or compensation at the rate
prescribed in section 206 of title 37'.
(c) CONFORMING AMENDMENT- Subsection 435(c) of title 37 is repealed.
SEC. 604. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND
SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS- Section 301b(a) of title 37, United
States Code, is amended by striking `December 31, 2000' and inserting
`September 30, 2002'.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 308(g) of title 37,
United States Code, is amended by striking `December 31, 2000' and inserting
`September 30, 2002'.
(c) ENLISTMENT BONUSES FOR MEMBERS WITH CRITICAL SKILLS- Sections 308a(d)
of title 37, United States Code, is amended by striking `December 31, 2000'
and inserting `September 30, 2002'.
(d) ARMY ENLISTMENT BONUS- Section 308f(c) of title 37, United States
Code, is amended by striking `December 31, 2000' and inserting `September 30,
2002'.
SEC. 605. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME
SPECIALTIES- Section 302g(f) of title 37, United States Code, is amended by
striking `December 31, 2000' and inserting `September 30, 2002'.
(b) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(f) of title 37,
United States Code, is amended by striking `December 31, 2000' and inserting
`September 30, 2002'.
(c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of title 37, United
States Code is amended by striking `December 31, 2000' and inserting
`September 30, 2002'.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY
UNITS- Section 308d(c) of title 37, United States Code is amended by striking
`December 31, 2000' and inserting `September 30, 2002'.
(e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of title 37,
United States Code is amended by striking `December 31, 2000' and inserting
`September 30, 2002'.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of
title 37, United States Code is amended by striking `December 31, 2000' and
inserting `September 30, 2002'.
(g) PRIOR SERVICE ENLISTMENT BONUS- Section 308i(f) of title 37, United
States Code is amended by striking `December 31, 2000' and inserting
`September 30, 2002'.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO
SERVE ON THE SELECTED RESERVES- Section 16302(d) of title 10, United States
Code, is amended by striking `January 1, 2001' and inserting `January 1,
2002'.
SEC. 606. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR NURSE
OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM- Section 2130a(a)(1) of
title 10, United States Code, is amended by striking `December 31, 2000' and
inserting `September 30, 2002'.
(b) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of title 37,
United States Code, is amended by striking `December 31, 2000' and inserting
`September 30, 2002'.
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1) of
title 37, United States Code, is amended by striking `December 31, 2000' and
inserting `September 30, 2002'.
Subtitle B--Travel and Transportation Allowances
SEC. 611. REVISION TO THE TRAVEL MANAGEMENT ALLOWANCE FOR TEMPORARY LODGING
EXPENSES.
Section 404a(a) of title 37, United States Code, is amended--
(1) in the first sentence, by striking `actually incurred'; and
(2) by adding at the end the following new sentences: `Allowances and
entitlements authorized under this section may be paid in advance. When paid
in advance, such payments may be based on an average number of days
specified by the Service Secretaries.'.
SEC. 612. CHANGES IN THE ADMINISTRATION OF BAGGAGE AND HOUSEHOLD GOODS MOVES
PAYMENT FOR SAVINGS IN SHIPPING LESS THAN AUTHORIZED WEIGHTS.
Section 406(b)(1) of title 37, United States Code, is amended by adding at
the end the following new subparagraph:
`(F) A member entitled to transportation of baggage and household
effects under subparagraph (A) may be paid an amount that represents a
prorated share of savings achieved by such member's shipping/storage
weight for baggage and household effects being less than the established
average for the member's category as described in subparagraph (C).
Established averages for the categories designated in subparagraph (C) and
the prorated shares of savings that
are related to shipping/or storing less than such established averages shall
be determined annually through averages arrived at through the Personal Property
Shipping Program.'.
SEC. 613. ADVANCE PAYMENT OF TEMPORARY LODGING ALLOWANCE.
Section 405(a) of title 37, United States Code, is amended by striking
`the Secretaries concerned may authorize the payment of a per diem,
considering' and inserting `the Secretary concerned may pay a per diem in
advance and, if such a payment is authorized, shall consider'.
SEC. 614. CHANGES IN THE ADMINISTRATION OF MOTOR VEHICLE TRANSPORTATION OR
STORAGE.
Section 2634 of title 10, United States Code, is amended--
(A) by inserting the designator `(1)' after the subsection designator
at the beginning of the subsection;
(B) by redesignating paragraphs (1) through (4) as subparagraphs (A)
through (D), respectively; and
(C) by adding at the end the following new paragraph:
`(2) A member of an armed force authorized the transportation of a motor
vehicle under paragraph (1) may be paid an amount that represents a prorated
share, as determined annually by the Secretary of Defense, of savings
achieved by the member not sending the vehicle to the new duty station. Such
payment may be made in advance of the member's change of permanent
station.';
(A) by redesignating paragraph (3) as paragraph (4), and
(B) by inserting after paragraph (2) the following new paragraph
(3):
`(3) In lieu of transportation authorized by this section, if a member
is ordered to make a permanent change of station to an area where
command-sponsored dependents are not authorized, the member may elect to
have a motor vehicle as described in subsection (a) stored at a location
approved by the Secretary concerned. The Secretary concerned may pay for the
costs of such storage that do not exceed the cost of shipping the vehicle to
and from the member's new duty station. The member must pay any storage
costs exceeding that amount.'; and
(C) by adding at the end the following new paragraph:
`(5) A member of an armed force authorized the storage of a motor
vehicle at the expense of the United States under this subsection may be
paid an amount that represents a prorated share, as determined annually by
the Secretary of Defense, of savings achieved by the member not storing the
vehicle. Such payment may be made in advance of the member's change of
permanent station.'.
Subtitle C--Other Matters
SEC. 631. ELIGIBILITY FOR PRESIDENTIAL APPOINTMENT TO A SERVICE ACADEMY FOR
CHILDREN OF RESERVE PERSONNEL.
(a) ARMY- Paragraph (1) of section 4342(b) of titled 10, United States
Code, is amended--
(1) in subparagraph (B), by striking `, other than those granted retired
pay under section 12731 of this title (or under section 1331 of this title
as in effect before the effective date of the Reserve Officer Personnel
Management Act)'; and
(2) by adding at the end the following new subparagraphs (C) and
(D):
`(C) are serving as a member of a reserve component and have earned at
least 2,880 retirement points credited for purposes of section 12733 of
this title; or
`(D) are, or who died while they were, eligible for retired pay under
chapter 1223 of this title, but had not yet reached age 60;'.
(b) NAVY- Paragraph (1) of section 6954(b) of title 10, United States
Code, is amended--
(1) in subparagraph (B), by striking `, other than those granted retired
pay under section 12731 of this title (or under section 1331 of this title
as in effect before the effective date of the Reserve Officer Personnel
Management Act)'; and
(2) by adding at the end the following new subparagraphs (C) and
(D):
`(C) are serving as a member of a reserve component and who have
earned at least 2,880 retirement points countable for purposes of section
12733 of this title; or
`(D) are, or who died while they were, eligible for retired pay under
chapter 1223 of this title, but had not yet reached age 60;'.
(c) AIR FORCE- Paragraph (1) of section 9342(b) of title 10, United States
Code, is amended--
(1) in subparagraph (B), by striking `, other than those granted retired
pay under section 12731 of this title (or under section 1331 of this title
as in effect before the effective date of the Reserve Officer Personnel
Management Act)'; and
(2) by adding at the end the following new subparagraphs (C) and
(D):
`(C) are serving as a member of a reserve component and who have
earned at least 2,880 retirement points countable for purposes of section
12733 of this title; or
`(D) are, or who died while they were, eligible for retired pay under
chapter 1223 of this title, but had not yet reached age 60;'.
SEC. 632. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED MEMBERS.
Section 414(a) of title 37, United States Code, is amended--
(1) by redesignating clauses (3), (4), and (5) as clauses (4), (5), and
(6), respectively; and
(2) by inserting after clause (2) the following:
`(3) $2,000 a year, while serving as the senior enlisted member of one
of the armed forces;'.
SEC. 633. INCREASE IN UNIFORM ALLOWANCE FOR OFFICERS.
(a) OFFICERS; INITIAL ALLOWANCE- Section 415(a) of title 37, United States
Code, is amended by deleting `$200' and inserting `$400'.
(b) OFFICERS; ADDITIONAL ALLOWANCE- Section 416(a) of title 37, United
States Code, is amended by deleting `$100' and inserting `$200'.
SEC. 634. REVISION OF AUTHORITY TO PRESCRIBE THE QUANTITY AND KIND OF
CLOTHING TO BE FURNISHED ANNUALLY TO ENLISTED MEMBERS (OR ALLOWANCE IN LIEU
THEREOF).
Section 418 of title 37, United States Code, is amended--
(1) in subsection (a), by striking `The President' and inserting `The
Secretary of Defense and the Secretary of Transportation, with respect to
the Coast Guard when it is not operating as a service in the Navy,';
and
(2) in subsection (b), by striking `the President' and inserting `the
Secretary of Defense'.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS.
(a) IN GENERAL- Chapter 55, title 10, United States Code, is amended by
inserting after section 1074g the following new section:
`Sec. 1074h. Medical and dental care: Medal of Honor recipients
`A person awarded a medal of honor pursuant to sections 3741, 6241, 8741
of this title, or pursuant to section 491 of title 14, is entitled to the
medical and dental benefits authorized by this chapter in the same manner as
if such person were a person described in section 1074(b) of this title. The
spouse, unremarried widow, unremarried widower, and child (as such terms are
defined in sections 1072(2) (A), (B), (C), and (D), respectively, of this
title) of such person are entitled to such medical and dental benefits as are
authorized by this chapter for a person described in section 1076(b) of this
title.'.
(b) CONFORMING AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 1074g the
following new item:
`1074h. Medical and dental care: Medal of Honor recipients.'.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. MULTIYEAR CONTRACT: ACQUISITION OF PROPERTY.
Section 2306b(l)(4) of title 10, United States Code, is amended by
inserting `that is subject to paragraph (3)' after `The head of an agency may
not enter into a multiyear contract (or extend an existing multiyear
contract)'.
SEC. 802. ELIMINATION OF THE REQUIREMENT TO FURNISH WRITTEN ASSURANCES OF
TECHNICAL DATA CONFORMITY.
Section 2320(b) of title 10, United States Code, is amended--
(1) by striking paragraph (b)(7); and
(2) by redesignating paragraphs (b)(8) and (b)(9) as (b)(7) and (b)(8),
respectively.
SEC. 803. ELIMINATION OF SUBCONTRACT NOTIFICATION REQUIREMENTS.
Section 2306(e) of title 10, United States Code, is amended to read as
follows:
`(e) Except for contracts with a contractor that maintains a purchasing
system that has been approved by the cognizant contracting officer, each cost
contract and each cost-plus-a-fixed-fee contract shall include a contract
provision that requires the contractor to notify the agency, prior to the
award under a prime contract, of--
`(1) a cost-plus-a-fixed-fee subcontract; or
`(2) a fixed-price subcontract or purchase order involving more than the
greater of--
`(A) the simplified acquisition threshold; or
`(B) five percent of the estimated cost of the prime
contract.'.
SEC. 804. CERTAINTY IN APPLICATION OF COST PRINCIPLES.
Section 2324(l)(1)(A) is amended--
(1) by inserting after `cost incentives' the following: `(including
fixed price modifications thereto without cost incentives)'; and
(2) by inserting before the period at the end of the subsection
`(including commercial items fixed price modifications thereto without cost
incentives)'.
SEC. 805. AUTHORIZATION FOR CONTRACTOR PARTICIPATION IN TESTING DEFENSE
ACQUISITION PROGRAMS.
Section 2399 of title 10, United States Code, is amended--
(1) by amending paragraph (a)(1) to read as follows:
`(1) The Secretary of Defense shall provide that a major system may not
proceed beyond low-rate initial production until initial operational test
and evaluation of the system is complete.';
(2) in paragraph (a)(2), by striking `defense acquisition program' and
inserting in lieu thereof `system';
(A) by inserting `(1)' at the beginning of the first
sentence;
(B) by striking `defense acquisition program' and inserting in lieu
thereof `system';
(C) by making the second sentence a paragraph and inserting `(2)' at
the beginning of such new paragraph;
(D) in the newly designated paragraph (2), by striking `the preceding
sentence' and inserting in lieu thereof `paragraph (1)'; and
(E) by adding at the end the following new paragraphs (3) and
(4):
`(3) The limitation in paragraph (1) does not apply to the extent that
the Secretary of Defense has authorized, as prescribed in regulation,
involvement by persons employed by that contractor in the analytic and
logistic support for the operational test and evaluation.
`(4) Exceptions authorized under paragraphs (2) and (3) shall require
steps to ensure the impartiality of such employees and the integrity of the
testing and evaluation. In any case in which the Secretary authorizes
involvement by such employees under this subsection, the Secretary shall
include in the test and evaluation master plan for the program concerned and
the operational test and evaluation plan the following:
`(A) An identification of the specific involvement of such employees
in the operational test and evaluation.
`(B) The steps taken to ensure the impartiality of such employees or
to ensure that such employees could not affect the integrity of the test
and evaluation.';
(A) by striking `development, production, or testing' and inserting in
lieu thereof `development or production'; and
(B) by amending paragraph (3) to read as follows:
`(3) A contractor that has participated in (or is participating in) the
development or production of a system for a military department or Defense
Agency (or for another contractor of the Department of Defense) may not be
involved (in any way) in the establishment of operational test and
evaluation criteria:
`(A) for data collection;
`(B) for performance assessment; or
`(C) for evaluation activities.'.
SEC. 808. USE OF INDEFINITE-DELIVERY CONTRACTS.
(a) IN GENERAL- Chapter 141 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 2410q. Use of indefinite-delivery contracts
`(a) INDEFINITE DELIVERY CONTRACTS- The Secretary of Defense may authorize
orders to be made, either directly or through the contracting officer, from
Department of Defense indefinite-delivery contracts, established in support of
either the military services or Department of Defense activities, for gloves,
boots, humanitarian and operational rations, and toxicological agent
protection clothing, including chemical protective gloves by any of the
following entities upon request--
`(1) a State or United States territory, any department or agency of a
State or territory, and any political subdivision of a State or territory,
including a local government;
`(2) the Commonwealth of Puerto Rico;
`(3) the government of an Indian tribe (as defined in section 450b(e) of
title 25);
`(4) the District of Columbia; and
`(5) qualified, non-profit agencies for the blind and severely
handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
`(b) EXISTING STOCK OR INVENTORY- Paragraph (a) shall not be construed to
authorize an entity referred to in that paragraph to order existing stock or
inventory from Department of Defense owned and operated, or Department of
Defense owned and contractor operated, supply depots, warehouses, or similar
facilities.
`(c) REIMBURSEMENT- In any case in which an entity listed in paragraph (a)
makes an order against a Department of Defense indefinite-delivery contract,
the Secretary of Defense may
require the entity to reimburse the Department of Defense for any
administrative costs associated with making an order.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
141 of title 10, United States Code, is amended by adding at the end the
following new item:
`2410q. Use of indefinite-delivery contracts.'.
Subtitle B--Other Matters
SEC. 811. PRICE PREFERENCE ADJUSTMENTS IN SELECTED INDUSTRY CATEGORIES.
Section 2323(e)(3)(B) of title 10, United States Code, is amended by
redesignating clause `(iii)' as clause `(iv)' and by inserting after clause
(ii) the following new clause (iii):
`(iii) No suspension shall be issued in an industry category under
this paragraph if the President, or his designee, determines in writing
that contracts for a price exceeding fair market cost are necessary to
remedy demonstrated discrimination in such industry category. Any such
determination shall be published in the Federal Register not less than
60 days before becoming effective. Any person or entity adversely
affected by the application of such designation may seek judicial review
in the appropriate United States District Court.'.
SEC. 812. REVISION TO DEFINITION OF CONVENTIONAL AMMUNITION FOR SINGLE
MANAGER PROCUREMENT.
Section 806(c) of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 is amended to read as follows:
`(c) CONVENTIONAL AMMUNITION DEFINED- For purposes of this section, the
term `conventional ammunition' is that ammunition managed by the Department's
Single Manager for Conventional Ammunition, including:
`(1) Small arms, mortar, automatic cannon, artillery, and ship gun
ammunition.
`(2) Bombs (cluster, fuel air explosive, general purpose, and
incendiary).
`(3) Unguided rockets, projectiles, and submunitions.
`(4) Chemical ammunition with various fillers (incendiary, riot control,
smoke, toxic agents, burster igniters, peptizers, and thickeners for flame
fuel).
`(5) Land mines (ground-to-ground and air-to-ground delivered).
`(6) Demolition materiel.
`(8) Flares and pyrotechnics.
`(9) All components of items included in paragraphs (1) through (8),
above, such as explosives, propellants, chemical agents, cartridges,
propelling charges, projectiles, warheads (with various fillers such as high
explosive, illuminating, incendiary, antimateriel, and antipersonnel),
fuzes, boosters, and safe and arm devices in bulk, combination, or
separately packaged items of issue for complete round assembly.
`(10) Related ammunition containers and packing items of issue for
complete round assembly.'.
SEC. 813. TECHNICAL DATA RIGHTS FOR ITEMS DEVELOPED EXCLUSIVELY AT PRIVATE
EXPENSE.
Section 2320(a)(2) of title 10, United States Code, is amended
(1) in subparagraph (C), by striking `(iii) is necessary for operation,
maintenance, installation, or training (other than detailed manufacturing or
process data); or' and inserting `(iii) is necessary for normal operation,
maintenance, or installation (other than detailed manufacturing or process
data) when such services are to be provided by other than the contractor or
its subcontractor; in such cases, the provision of the rights involved shall
be subject to negotiations between the government and the contractor(s)
involved;';
(2) by striking `or' at the end of clause (C)(iii):
(3) by redesignating clause (C)(iv) as (C)(v);
(4) by inserting after clause (C)(iii) the following new clause
(C)(iv):
`(iv) is necessary for critical operation, maintenance, or
installation of deployed equipment, when such services are to be
provided by other than the contractor or its subcontractor; or';
and
(A) in subclause (I), by striking `(C)' and inserting `(C)(i),
(C)(ii), (C)(iv), or (C)(v)'; and
(B) by adding at the end the following new subclause:
`(III) under the conditions described in subparagraph
(a)(2)(C)(iii), reaching agreement in negotiations concerning
provision of the rights involved may not be required as a condition of
being responsive to a solicitation, but may be a condition for the
award of a contract; or'.
SEC. 814. WAIVER OF LIVE-FIRE SURVIVABILITY TESTING MH-47E/MH-60K HELICOPTER
MODIFICATION PROGRAMS.
(a) WAIVER- Notwithstanding the requirement of section 2366(c)(1) of title
10, United States Code, that any waiver by the Secretary of Defense of the
application of the survivability tests to a covered system occur before the
system or program enters engineering and manufacturing development, and
notwithstanding the requirements of section 142 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2338)
that operational test and evaluation and survivability testing of the MH-47E
helicopters and MH-60K helicopters be completed prior to full materiel release
of the helicopters for operational use, the Secretary may waive the
application of the survivability tests to the MH-47E and MH-60K helicopter
modification programs before full material release of the MH-47E and MH-60K
helicopters for operational use.
(b) REPORT- Except as provided in subsection (a) above, any waiver by the
Secretary of Defense of the application of the survivability tests to the
MH-47E and MH-60K helicopters shall comply with all other requirements of
subsection (c) of section 2366 of title 10, United States Code.
SEC. 815. REPEAL OF CERTIFICATION OF FUNDING FOR SUPPORT COSTS IN THE FIVE
YEAR DEFENSE PROGRAM.
Section 2306b(i)(1) of title 10, United States Code, is amended--
(1) by striking `each of the following conditions is satisfied:';
(2) by striking subparagraph (A); and
(3) by striking `(B) The' and inserting `the'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A--Department of Defense Organization
SEC. 901. CHANGE OF NAME FOR CERTAIN OFFICIALS OF THE HEADQUARTERS, MARINE
CORPS.
(a) INSTITUTION OF POSITIONS AS DEPUTY COMMANDANTS- Section 5041(b) of
title 10, United States Code, is amended--
(1) by striking paragraphs (3) through (5) and inserting the
following:
`(3) The Deputy Commandants.'; and
(2) by redesignating paragraphs (6) and (7) as paragraphs (4) and (5),
respectively.
(b) DESIGNATION OF DEPUTY COMMANDANTS- Section 5045 of title 10, United
States Code, is amended--
(1) in the catchline for such section by striking `Chief of Staff:
Deputy and Assistant Chiefs of Staff' and inserting `Deputy Commandants';
and
(2) in the first sentence, by striking `a Chief of Staff, not more than
five Deputy Chiefs of Staff,' and not more than three Assistant Chiefs of
Staff,' and inserting `not more than five Deputy Commandants,'.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
506 of title 10, United States Code, is amended by revising the item relating
to section 5045 to read as follows:
`5045. Deputy Commandants.'.
(d) CONFORMING AMENDMENT- Section 1502 (7)(D) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 401) is amended to read as follows:
`(D) the Deputy Commandant of the Marine Corps responsible for
personnel matters.'.
SEC. 902. AMENDMENT TO BROADEN THE DEFINITION OF INSPECTOR GENERAL AND TO
CLARIFY RESPONSIBILITIES.
(a) CLARIFICATION OF RESPONSIBILITIES- Paragraph 1034(c)(3)(A) of title
10, United States Code, is amended by inserting `, in accordance with
regulations prescribed under subsection (h),' after `shall expeditiously
determine'.
(b) REDEFINITION OF `INSPECTOR GENERAL'- Paragraph 1034 (i)(2) of title
10, United States Code, is amended by striking subparagraphs (C), (D), (E),
(F) and (G) and inserting after subparagraph (B) the following new
subparagraph (C):
`(C) An officer of the armed forces or employee assigned or detailed
to serve as an Inspector General at any level in the Department of
Defense.'.
Subtitle B--Other Matters
SEC. 911. TO CONSOLIDATE VARIOUS DEPARTMENT OF THE NAVY TRUST AND GIFT
FUNDS.
(a) CONSOLIDATION OF NAVAL ACADEMY GENERAL GIFT FUND AND THE NAVAL ACADEMY
MUSEUM FUND- Section 6973 of title 10, United States Code, is amended--
(1) by amending subsection 6973(a) to read as follows:
`(a)(1) The Secretary of the Navy may accept, hold, administer, and spend
gifts and bequests of personal property, and loans of personal property other
than money, made on the condition that it be used for the benefit of, or for
use in connection with, the Naval Academy or the Naval Academy Museum, its
collection, or its services. Gifts or bequests of money and the proceeds from
the sales of property received as gifts shall be deposited in the Treasury in
the fund called United States Naval Academy Gift and Museum Fund. The
Secretary may disburse funds deposited under this subsection for the benefit
or use of the Naval Academy or the Naval Academy Museum subject to the terms
of the gift or bequest.
`(2) The Secretary shall develop written guidelines to be used in
determining whether the acceptance of money, personal property or loans of
personal property under paragraph (1) would reflect unfavorably upon the
ability of the Department of the Navy or any employee of the Department of the
Navy to carry out its responsibilities or his or her official duties in a fair
and objective manner, or would compromise the integrity, or the appearance of
the integrity, of its programs or any official involved in those programs.';
and
(2) in subsection 6973(c), by striking `United States Naval Academy
general gift fund' both times such phrase appears in the subsection and by
inserting in lieu thereof, in each instance, `United States Naval Academy
Gift and Museum Fund.'.
(b) REPEAL OF NAVAL ACADEMY MUSEUM FUND- Section 6974 of such title 10, is
hereby repealed.
(c) REPEAL OF NAVAL HISTORICAL CENTER FUND- Section 7222 of such title 10,
is hereby repealed.
(1) UNITED STATES GIFT AND MUSEUM FUND- All funds currently deposited or
held in the United States Naval Academy Museum Fund established pursuant to
section 6974 of such title 10, shall be transferred to the United States
Naval Academy Gift and Museum Fund authorized by subsection (a).
(2) NAVY GENERAL GIFT FUND- All funds currently deposited or held in the
Naval Historical Center Fund, established pursuant to section 7222 of such
title 10, shall be transferred to the Department of the Navy General Gift
Fund authorized by section 2601 of such title 10.
(1) CHAPTER 603- The Table of Sections at the beginning of Chapter 603
of such title 10 is amended by striking the item relating to section
6974.
(2) CHAPTER 631- The Table of Sections at the beginning of Chapter 631
of such title 10 is amended by striking the item relating to section
7222.
SEC. 912. DISPOSITION OF GIFTS TO THE NAVAL ACADEMY.
Notwithstanding section 6973 of title 10, United States Code, during
fiscal year 2000 the Secretary of the Navy may dispose of the current cash
value of a previously accepted gifts to the Naval Academy Gift Fund by
transfer to an entity designated by the donor.
SEC. 913. PILOT PROGRAM FOR PAYMENT OF RETRAINING AND RELOCATION
EXPENSES.
(a) IN GENERAL- Chapter 141 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 2410o. Pilot Program for Payment of Retraining and Relocation
Expenses
`(a) AUTHORITY- The Secretary of Defense may establish a pilot program for
the payment of retraining and relocation expenses in accordance with this
section to facilitate the reemployment of eligible employees of the Department
of Defense who are being involuntarily separated due to a reduction-in-force
or a transfer of functions of the facility or military installation where such
persons
are employed. Under the pilot program, the Secretary may pay retraining and
relocation incentives to encourage non-Federal employees to hire and retain such
employees.
`(b) ELIGIBLE EMPLOYEES- For purposes of this section, an eligible
employee is an employee of the Department of Defense, serving under an
appointment without time limitation, who has been employed by the Department
of Defense for a continuous period of at least 12 months and who has been
given notice of separation pursuant to a reduction in force, except that such
term does not include--
`(1) a reemployed annuitant under subchapter III of chapter 83 of title
5, chapter 84 of title 5, or another retirement system for employees of the
Government;
`(2) an employee who, upon separation from Federal service, is eligible
for an immediate annuity under subchapter III of chapter 83 of title 5 or
subchapter II of chapter 84 of title 5; or
`(3) an employee who is eligible for disability retirement under any of
the retirement systems referred to in paragraph (1).
`(c) RETRAINING INCENTIVE- (1) Under the pilot program, the Secretary may
enter into an agreement with a non-Federal employer under which the
non-Federal employer agrees--
`(A) to employ a person referred to in subsection (a) for at least 12
months for a salary that is mutually agreeable to the employer and such
person; and
`(B) to certify to the Secretary the cost incurred by the employer for
any necessary training provided to such person in connection with the
employment by that employer.
`(2) The Secretary shall pay a retraining incentive to the non-Federal
employer upon the employee's completion of 12 months of continuous employment
with that employer. Subject to subsection (f), the Secretary shall prescribe
the amount of the incentive.
`(3) The Secretary shall pay a prorated amount of the full retraining
incentive to the non-Federal employer for an employee who does not remain
employed by the non-Federal employer for at least 12 months.
`(4) In no event may the amount of retraining incentive paid for the
training of any one person under the pilot program exceed the amount certified
for that person under paragraph (1).
`(d) APPROVAL OF THE SECRETARY OF DEFENSE- The Secretary of a military
department or the head of a Defense Agency may offer an incentive under the
pilot program with the prior approval of the Secretary of Defense or pursuant
to a delegation of authority by the Secretary of Defense.
`(e) LIMITATION- The total amount of incentives paid in the case of a
person under the pilot program may not exceed $10,000.
`(f) DURATION- No incentive may be paid under the pilot program for
training or relocations commenced after September 30, 2003.
`(g) DEFINITIONS- In this section:
`(1) The term `non-Federal employer' means an employer that is not an
Executive Agency, as defined in section 105 of title 5, or the legislative
or judicial branch of the Federal Government.
`(2) The term `Defense Agency' has the meaning given such term in
section 101(a)(11) of this title.
`(h) OMB A-76 Cost Comparison- For purposes of this program, any costs
incurred shall not be added as one-time costs for the purposes of any cost
comparisons pursuant to the Office of Management and Budget Circular
A-76.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
Chapter 141 is amended by adding at the end the following new item:
`Sec. 2410o. Pilot program for payment of retraining and relocation
expenses.'.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. ADMINISTRATIVE OFFSETS FOR TRANSPORTATION OVERPAYMENTS.
(a) OFFSETS FOR OVERPAYMENTS- Section 2636 of title 10, United States
Code, is amended--
(1) by striking the section heading and substituting in lieu
thereof:
`Sec. 2636. Deductions from carriers supporting the Department of
Defense';
(2) by inserting `or as an administrative offset for overpayments
previously paid to the carrier or liquidated damages due under Department of
Defense contracts for transportation services' after `for a military
department'; and
(3) by striking the period at the end of the section and inserting `or,
in the case of overcharges or liquidated damages, the appropriation or
account that funded the transportation services. The contracting officer may
offset amounts less than the simplified acquisition threshold after
providing the notice required by section 3716(a) of title 31.'.
(b) CLERICAL AMENDMENT- The table of sections for Chapter 157, title 10,
United States Code, is amended by amending the item relating to section 2636
to read as follows:
`2636. Deductions from carriers supporting the Department of
Defense.'.
SEC. 1002. DATE FOR SUBMISSION OF JOINT REPORT ON SCORING OF BUDGET
OUTLAYS.
Section 226 of title 10, United States Code is amended--
(1) in subsection (a), by striking `Not later than December 15 of each
year' and inserting `Not later than the day on which the budget for any
fiscal year is submitted to Congress pursuant to section 1105 of title
31';
(2) in paragraph (a)(1), by striking `major functional category 050' and
all that follows through `section 1105 of title 31;', and inserting
`subfunctional category 051 (Department of Defense--Military) for that
budget;';
(3) in the catchline to subsection (b), by striking `USE OF AVERAGES- '
and inserting `USE OF DIFFERENCES- '; and
(4) in subsection (b), by striking `, the report shall reflect the
average of the relevant outlay rates or assumptions used by the two
offices.' and inserting `, the report shall reflect the differences between
the relevant outlay rates or assumptions used by the two offices. For each
account where a difference exists, the report also shall display the budget
year budget authority (BA), the rates, and the outlays estimated by both
offices.'.
SEC. 1003. CODIFICATION OF ANNUAL RECURRING APPROPRIATIONS ACT GENERAL
PROVISION FOR REIMBURSEMENTS RELATED TO CERTAIN RESERVE INTELLIGENCE OR
COUNTERINTELLIGENCE SUPPORT.
Section 2241 of title 10, United States Code, is amended by adding the
following new subsection at the end thereof:
`(c) OPERATION AND MAINTENANCE REIMBURSEMENTS- Amounts appropriated for
operation and maintenance of the Military Departments, the Combatant Commands
and Defense Agencies shall be available for reimbursement of pay, allowances
and other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard and
Reserve provide intelligence or counterintelligence support to Combatant
Commands, Defense Agencies and Joint Intelligence Activities, including the
activities and programs included within the National Foreign Intelligence
Program (NFIP), the Joint Military Intelligence Program (JMIP), and the
Tactical Intelligence and Related Activities (TIARA) aggregate. Nothing in
this subsection authorizes deviation from established Reserve and National
Guard personnel and training procedures.'.
Subtitle B--Humanitarian and Civic Assistance
SEC. 1011. CLARIFICATION OF AUTHORITY TO PROVIDE HUMANITARIAN AND CIVIC
ASSISTANCE.
Section 401(e)(1) of title 10, United States Code, is amended by inserting
`or under served' after in rural.
SEC. 1012. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN AND
CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.
Section 401(c) of title 10, United States Code, is amended--
(1) in paragraph (3), by striking `$5,000,000' and inserting
`$10,000,000'; and
(2) by adding at the end the following new paragraph (5):
`(5) Not more than ten percent of funds available for the activities
described in subsection (e)(5) may be used to pay for the pay and allowances
of Reserve Component Special Operations Force personnel performing duty in
connection with training and activities related to the clearing of landmines
for humanitarian purposes.'.
Subtitle C--Miscellaneous Reporting Requirements and
Repeals
SEC. 1015. REPEAL OF REPORTING REQUIREMENT FOR B-2.
Section 112 of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189), as amended by section 141(b) of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106),
is hereby repealed.
SEC. 1016. AMENDMENT TO NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT:
ANNUAL REPORT TO CONGRESS.
The text of section 10541 of title 10, United States Code, is amended to
read as follows:
`(a) The Secretary of Defense shall submit to the Congress each year, not
later than March 1, a written report concerning the equipment of the National
Guard and the reserve components of the armed forces, to include the Coast
Guard Reserve. This report shall cover the current fiscal year and three
succeeding years. The focus should be on major items of equipment which
address large dollar-value requirements, critical reserve component shortages
and major procurement items. Specific major items of equipment shall include
ships, aircraft, combat vehicles and key combat support equipment.
`(b) Each annual report under this section should include the
following:
`(1) Major items of equipment required and on-hand in the inventories of
each reserve component.
`(2) Major items of equipment which are expected to be procured from
commercial sources or transferred from the Active component to the reserve
components of each military department.
`(3) Major items of equipment in the inventories of each reserve
component which are substitutes for a required major item of
equipment.
`(4) A narrative explanation of the plan of the Secretary concerned to
equip each reserve component, including an explanation of the plan to equip
units of the reserve components that are short major items of equipment at
the outset of war or a contingency operation.
`(5) A narrative discussing the current status of the compatibility and
interoperability of equipment between the reserve components and the regular
components, the effect of that level of compatibility or interoperability on
combat effectiveness, and a plan to achieve full equipment compatibility and
interoperability.
`(6) A narrative discussing modernization shortfalls and maintenance
backlogs within the reserve components and the effect of those shortfalls on
combat effectiveness.
`(7) A narrative discussing the overall age and condition of equipment
currently in the inventory of each reserve component.
`(c) Each report under this section shall be expressed in the same format
and with the same level of detail as the information presented in the Future
Years Defense Program Procurement Annex prepared by the Secretary of
Defense.'.
Subtitle D--Other Matters
SEC. 1021. RECOGNITION OF MILITARY TESTAMENTARY INSTRUMENTS.
(a) IN GENERAL- Chapter 53 of title 10, United States Code, is amended by
inserting after section 1044c the following new section:
`Sec. 1044d. Military wills and codicils; recognition
`(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT- A military will or codicil,
executed in accordance with regulations prescribed by the Secretary of Defense
and the Secretary of Transportation, with respect to the Coast Guard when it
is not operating as a service in the Department of the Navy, by a person who
is eligible for legal assistance under the provisions of section 1044 of this
title
`(1) is exempt from any requirement of form, formality, or recording
that is provided for wills or codicils under State law;
`(2) has the same legal effect as a will prepared and executed in
accordance with the laws of the State concerned; and
`(3) shall be deemed valid for probate in the courts of the State
concerned.
`(b) GENERAL REQUIREMENTS FOR MILITARY WILLS AND CODICILS- Military wills
and codicils include all revocable instruments that meet the following
requirements:
`(1) The instrument must be executed by a person (testator) who is
eligible for legal assistance under the provisions of section 1044 of this
title, or in the presence and by the direction of such testator.
`(2) The instrument must make a disposition of property, to take effect
after the testator's death.
`(3) The instrument must be executed in the presence of at least two
disinterested witnesses.
`(4) The instrument must be executed before a judge advocate, as defined
in section 801(13) of this title, or a civilian attorney serving as a legal
assistance officer, under the provisions of section 1044 of this
title.
`(5) The instrument must be prepared and executed in accordance with
regulations prescribed by the Secretary of Defense and the Secretary of
Transportation, with respect to the Coast Guard when it is not operating as
a service in the Department of the Navy.
`(c) SELF-PROOF OF MILITARY WILLS AND CODICILS- A military will or codicil
executed in conformity with this section may be made self-proved at the time
of its execution, or at any subsequent time, by the testator's acknowledgment
of it and by affidavits of the witnesses. Such self-proving clauses,
acknowledgments and affidavits shall be executed in accordance with
regulations prescribed by the Secretary of Defense and the Secretary of
Transportation, with respect to the Coast Guard when it is not operating as a
service in the Department of the Navy. Such self-proving clauses shall consist
of a certificate of the testator, attesting witnesses and the official
administering the oath, that is attached to, or follows the will or codicil. The
specific form and content of such self-proving clauses shall be set forth in
regulations prescribed by the Secretary of Defense and the Secretary of
Transportation, with respect to the Coast Guard when it is not operating as a
service in the Department of the Navy. The signature of the testator, attesting
witnesses and presiding attorney, together with their respective titles, is
prima facie evidence that the signatures are genuine, that the testator,
witnesses and presiding attorney held the respective designated title at the
time of the execution, and that the will or codicil was executed in compliance
with the requirements for form as prescribed by the Secretaries of Defense and
Transportation.
`(d) VALIDITY OF OTHER TESTAMENTARY INSTRUMENTS- Nothing herein shall
invalidate testamentary instruments, to include holographic and nuncupative
wills that are prepared and executed by, or at the direction of, testators who
although eligible for legal assistance under the provisions of section 1044 of
this title, either elect not to avail themselves of such legal assistance, or
by reason of circumstance are unable to obtain such legal assistance. The
validity of such testamentary instruments shall be determined by the
appropriate court in accordance with its rules and procedures.
`(e) STATE DEFINED- For purposes of this section, the term `State'
includes the fifty States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,
and each territory and possession of the United States, to include Guam,
American Samoa, the Trust Territory of the Pacific Islands, and the Virgin
Islands.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 1044c the
following:
`1044d. Military wills and codicils; requirement for
recognition.'.
SEC. 1022. COOPERATIVE MILITARY AIRLIFT AGREEMENTS: ALLIED COUNTRIES.
Section 2350c of Chapter 138 of title 10, United States Code, is
amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 1023. CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.
Section 1305 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 113 Stat. 794) is repealed.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization Act
for Fiscal Year 2001'.
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
------------------------------------------------------
State Installation or location Amount
------------------------------------------------------
Alabama Redstone Arsenal $23,400,000
Alaska Fort Richardson $3,000,000
Arizona Fort Huachuca $1,250,000
California Fort Irwin $31,000,000
Georgia Fort Benning $15,800,000
Hawaii Wheeler Army Air Field $43,800,000
Maryland Aberdeen Proving Ground $3,100,000
Missouri Fort Leonard Wood $61,200,000
North Carolina Fort Bragg $222,200,000
Sunny Point Army Terminal $2,300,000
Ohio Columbus $1,832,000
Pennsylvania Carlisle Barracks $10,500,000
New Cumberland Army Depot $3,700,000
Texas Fort Bliss $26,000,000
Fort Hood $26,000,000
Red River Army Depot $800,000
Total: $475,882,000
------------------------------------------------------
(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
----------------------------------------------------
Country Installation or location Amount
----------------------------------------------------
Germany Area Support Group, Bamberg $11,650,000
Area Support Group, Darmstadt $11,300,000
Kaiserslautern $3,400,000
Mannheim $4,050,000
Korea Camp Humphreys $14,200,000
Camp Page $19,500,000
Kwajalein Kwajalein Atoll $18,000,000
Total: $82,100,000
----------------------------------------------------
(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 $11,500,000
------------------------------------------------------
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 County Installation or location Purpose Amount
---------------------------------------------------------------
Arizona Fort Huachuca 110 Units $16,224,000
Hawaii Schofield Barracks 72 Units $15,500,000
Kentucky Fort Campbell 56 Units $7,800,000
Maryland Fort Detrick 48 Units $5,600,000
North Carolina Fort Bragg 112 Units $14,600,000
South Carolina Fort Jackson 1 Unit $250,000
Texas Fort Bliss 64 Units $10,200,000
Korea Camp Humphreys 60 Units $21,800,000
Total: $91,974,000
---------------------------------------------------------------
(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 $6,542,000.
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 $63,590,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2000, for military construction, land
acquisition, and military family housing functions of the Department of the
Army in the total amount of $2,038,319,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $305,282,000.
(2) For military construction projects outside the United States
authorized by section 2101(b), $82,100,000.
(3) For military construction projects at unspecified worldwide
locations authorized by section 2101(c), $11,500,000.
(4) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $15,000,000.
(5) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $94,706,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities,
$162,106,000.
(B) For support of military family housing (including the functions
described in section 2833 of title 10, United States Code),
$978,275,000.
(7) For the construction of the Ammunition Demilitarization Facility,
Pine Bluff Arsenal, Arkansas, authorized in 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), and section 2406 of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2197),
$43,600,000.
(8) For the construction of the Ammunition Demilitarization Facility
Phase 6, Umatilla Army Depot, Oregon, authorized in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1995, as amended by
section 2407 of the Military Construction Authorization Act for Fiscal Year
1996, section 2408 of the Military Construction Authorization Act for Fiscal
Year 1998, and section 2406 of the Military Construction Authorization Act
for Fiscal Year 1999, $9,400,000.
(9) For the construction of the Ammunition Demilitarization Facility
Phase 2, Pueblo Army Depot, Colorado, authorized in 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), $10,700,000.
(10) For the construction of a Barracks Complex--Hunter Army Airfield,
Phase 1C, Fort Stewart, Georgia, authorized in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1998 (111 Stat.
1967), $26,000,000.
(11) For the construction of the Ammunition Demilitarization Facility
Phase 3, Newport Army Depot, Indiana, authorized in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1999 (112 Stat.
2193), $54,400,000.
(12) For the construction of a Barracks Complex--Infantry Drive Phase
1C, Fort Riley, Kansas, authorized in section 2101(a) of the Military
Construction Act for Fiscal Year 1999 (112 Stat. 2182), $15,000,000.
(13) For the construction of a Barracks Complex--Market Garden Road
Phase 2C, Fort Campbell, Kentucky, authorized in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1999,
$9,400,000.
(14) For the construction of a Multipurpose Digital Range Phase 3, Fort
Knox, Kentucky, authorized in section 2101(a) of the Military Construction
Act for Fiscal Year 1999, $8,450,000.
(15) For the construction of the Ammunition Demilitarization Facility
phase 3, Aberdeen Proving Ground, Maryland, authorized in section 2401(a) of
the Military Construction Authorization Act for Fiscal Year 1999,
$45,700,000.
(16) For the construction of the Cadet Physical Development Center Phase
2A, United States Military Academy, West Point, New York, authorized in
section 2101(a) of the Military Construction Act for Fiscal Year 1999,
$13,600,000.
(17) For the construction of the railhead facility, Fort Hood, Texas,
authorized in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 1999, as amended by section 2105 of this Act,
$9,800,000.
(18) For the construction of the Chemical Defense Qualification
Facility, Pine Bluff Arsenal, Arkansas, authorized in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2000 (113 Stat.
825), $15,500,000.
(19) For the construction of a Barracks Complex--Kelley Hill, Phase 3B,
Fort Benning, Georgia, authorized in section 2101(a) of the Military
Construction Act for Fiscal Year 2000 (113 Stat. 825), $24,000,000.
(20) For the construction of a Barracks Complex--Wilson St, Phase 1B,
Schofield Barracks, Hawaii, authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2000, $46,400,000.
(21) For the construction of the Ammunition Demilitarization Support
Phase 2, Blue Grass Army Depot, Kentucky, authorized in section 2401(a) the
Military Construction Act for Fiscal Year 2000 (113 Stat. 836),
$8,500,000.
(22) For the construction of a Consolidated Soldier Support Center Phase
2, Fort Drum, New York, authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2000, $10,300,000.
(23) For the construction of a Barracks Complex--Tagaytay Street Phase
2B, Fort Bragg, North Carolina, authorized in section 2101(a) of the
Military Construction Act for Fiscal Year 2000, $38,600,000.
(b) ADVANCE AUTHORIZATION OF APPROPRIATIONS- (1) Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30,
2001, for completion of military construction projects authorized under
sections 2101(a) and 2401(a) of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2182, 2193)
and subject to the same terms, as follows:
(A) For completion of a Chemical Demilitarization Facility, Newport Army
Depot, Indiana, $78,000,000.
(B) For completion of a Chemical Demilitarization Facility, Aberdeen
Proving Grounds, Maryland, $51,750,000.
(2)(A) Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2001, for completion of the military
construction project described in subparagraph (B), as authorized under
section 2401(a) of the Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104-210; 110 Stat. 2775) and amended by section
2406 of the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113. Stat. 839), and subject to the same
terms, in the amount of $174,790,000.
(B) The project described in this subparagraph is a project for the
completion of a Chemical Demilitarization Facility at Pueblo Army Depot,
Colorado.
(c) 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 variations 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)
and (2) of subsection (a);
(2) $22,600,000 (the balance of the amount authorized under section
2101(a) for the construction of a Basic Training Complex at Fort Leonard
Wood, Missouri);
(3) $10,000,000 (the balance of the amount authorized under section
2101(a) for construction of a Multipurpose Digital Training Range at Fort
Hood, Texas);
(4) $34,000,000 (the balance of the amount authorized under section
2101(a) for construction of a barracks complex, Longstreet Road Phase I at
Fort Bragg, North Carolina); and
(5) $104,000,000 (the balance of the amount authorized under section
2101(a) for the construction of a barracks complex, Bunter Road Phase I at
Fort Bragg, North Carolina).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1999
PROJECT.
(a) MODIFICATION- The table in section 2101 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2182) is amended--
(1) in the item relating to Fort Hood, Texas, by striking `$32,500,000'
in the amount column and inserting `$45,300,000'; and
(2) by striking the amount identified as the total in the amount column
and inserting `$781,581,000'.
(b) CONFORMING AMENDMENTS- Section 2104(a) of that Act (112 Stat. 2184) is
amended--
(1) in the matter preceding paragraph (1), by striking `$2,098,713,000'
and inserting `$2,111,513,000'; and
(2) in paragraph (1), by striking `$609,076,000' and inserting
`$622,581,000'.
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
----------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma $8,200,000
Navy Detachment, Camp Navajo $2,940,000
California Marine Corps Air Station, Miramar $7,350,000
Marine Corps Air-Ground Combat Center, Twentynine Palms $2,100,000
Marine Corps Base, Camp Pendleton $8,100,000
Naval Air Station, Lemoore $8,260,000
Naval Air Warfare Center Weapons Division, Point Mugu $11,400,000
Naval Aviation Depot, North Island $4,340,000
Naval Facility, San Clemente Island $8,860,000
Naval Ship Weapons Systems Engineering Station, Port Hueneme $10,200,000
Naval Station, San Diego $53,200,000
Connecticut Naval Submarine Base, New London $3,100,000
CONUS Various CONUS Various $11,500,000
District of Columbia Marine Corps Barracks $17,197,000
Naval District, Washington $2,450,000
Naval Research Laboratory, Washington $12,390,000
Florida Naval Air Station, Whiting Field, Milton $5,130,000
Naval Surface Warfare Center Detachment, Ft. Lauderdale $3,570,000
Georgia Marine Corps Logistics Base, Albany $1,100,000
Trident Refit Facility, Kings Bay $5,200,000
Hawaii Fleet Industrial Supply Center, Pearl Harbor $12,000,000
Naval Undersea Weapons Station Detachment, Lualualei $2,100,000
Marine Corps Air Station, Kaneohe $18,400,000
Naval Station, Pearl Harbor $30,700,000
Illinois Naval Training Center, Great Lakes $121,400,000
Maine Naval Air Station, Brunswick $2,450,000
Maryland Naval Explosive Ordinance Disposal Technology Center, Indian Head $6,430,000
Mississippi Naval Air Station, Meridian $4,700,000
New Jersey Naval Weapons Station, Earle $2,420,000
North Carolina Marine Corps Air Station, Cherry Point $8,480,000
Marine Corps Air Station, New River $3,400,000
Marine Corps Base, Camp Lejeune $45,870,000
Naval Aviation Depot, Cherry Point $7,540,000
Rhode Island Naval Undersea Warfare Center Division, Newport $4,150,000
South Carolina Marine Corps Air Station, Beaufort $3,140,000
Marine Corps Recruit Depot, Parris Island $2,660,000
Texas Naval Air Station, Kingsville $2,670,000
Virginia AEGIS Combat Systems Center, Wallops Island $3,300,000
Marine Corps Combat Development Command, Quantico $8,590,000
Naval Air Station, Norfolk $31,450,000
Naval Air Station, Oceana $5,250,000
Naval Amphibious Base, Little Creek $2,830,000
Naval Shipyard, Norfolk, Portsmouth $16,100,000
Naval Station, Norfolk $4,700,000
Naval Surface Warfare Center, Dahlgren $11,300,000
Washington Puget Sound Naval Shipyard, Bremerton $78,460,000
Strategic Weapons Facility Pacific, Bremerton $1,400,000
Total: $628,477,000
----------------------------------------------------------------------------------------------------
(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
-----------------------------------------------------------------
Country Installation or location Amount
-----------------------------------------------------------------
Bahrain Administrative Support Unit $19,400,000
Italy Naval Air Station, Sigonella $32,969,000
Naval Support Activity, Naples $15,000,000
Various Locations Host Nation Infrastructure Support $142,000
Total: $67,511,000
-----------------------------------------------------------------
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
------------------------------------------------------------------------------------------
California Marine Corps Air-Ground Combat Center, Twentynine Palms 79 Units $13,923,000
Naval Air Station, Lemoore 160 Units $27,768,000
Hawaii Commander Naval Base, Pearl Harbor 112 Units $23,654,000
Commander Naval Base, Pearl Harbor 62 Units $14,237,000
Commander Naval Base, Pearl Harbor 98 Units $22,230,000
Marine Corps Air Station, Kaneohe Bay 84 Units $21,910,000
Maine Naval Air Station, Brunswick 168 Units $18,722,000
Washington Naval Air Station, Whidbey Island 98 Units $16,873,000
Total: $159,317,000
------------------------------------------------------------------------------------------
(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 $19,958,000.
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 $183,547,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2000, for military construction, land
acquisition, and military family housing functions of the Department of the
Navy in the total amount of $1,998,882,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $567,457,000.
(2) For military construction projects outside the United States
authorized by section 2201(b), $66,571,000.
(3) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $7,659,000.
(4) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $63,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities,
$362,822,000.
(B) For support of military housing (including functions described in
section 2833 of title 10, United States Code), $882,638,000.
(6) For construction of a berthing wharf at Naval Air Station, North
Island, California, 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), $12,800,000.
(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,
$35,600,000.
(b) ADVANCE AUTHORIZATION OF APPROPRIATION- (1) Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30,
2001, for completion of military construction projects authorized by section
2201(a) and subject to the same terms, as follows:
(A) For the repair of a pier, Naval Station, San Diego, California,
$14,813,000.
(B) For replacement of a pier at Naval Ship Yard, Bremerton, Puget
Sound, Washington, $23,587,000.
(2)(A) Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2001, for completion of the military
construction project described in subparagraph (B), as authorized by section
2201(a) of the Military Construction Authorization Act for Fiscal Year 2000
and subject to the same terms, in the amount of $30,664,000.
(B) The project described in this subparagraph is the project for
completion of the Commander-in-Chief Headquarters, Pacific Command, Camp H.M.
Smith, Hawaii.
(c) 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) $17,500,000 (the balance of the amount authorized under section
2201(a) for repair of a pier at Naval Station, San Diego, California);
(3) $12,390,000 (the balance of the amount authorized under section
2201(a) for construction of a Nano Science Research Laboratory, Washington,
District of Columbia);
(4) $4,000,000 (the balance of the amount authorized under section
2201(a) for construction of armories at Marine Corps Base, Camp Lejeune,
North Carolina);
(5) $2,670,000 (the balance of the amount authorized under section
2201(a) for construction of an aircraft parking apron at Naval Air Station,
Kingsville, Texas);
(6) $24,460,000 (the balance of the amount authorized under section
2201(a) for replacement of a
pier at Naval Ship Yard, Bremerton, Puget Sound, Washington); and
(7) $940,000 (the balance of the amount authorized under section 2201(b)
for construction of community facilities at Naval Air Station, Sigonella,
Italy).
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
---------------------------------------------------------------------
State Installation or location Amount
---------------------------------------------------------------------
Alabama Maxwell Air Force Base $3,825,000
Alaska Cape Romanzof $3,900,000
Eielson Air Force Base $15,990,000
Elmendorf Air Force Base $27,520,000
Arizona Davis-Monthan Air Force Base $7,900,000
Arkansas Little Rock Air Force Base $17,060,000
California Beale Air Force Base $3,800,000
Los Angeles Air Force Base $6,580,000
Vandenberg Air Force Base $4,650,000
Colorado Buckley Air National Guard Base $2,750,000
Peterson Air Force Base $13,260,000
Schriever Air Force Base $8,450,000
United States Air Force Academy $18,960,000
CONUS Classified Classified Location $1,810,000
District of Columbia Bolling Air Force Base $4,520,000
Florida Eglin Air Force Base $8,940,000
Eglin Auxiliary Field 9 $5,600,000
Patrick Air Force Base $12,970,000
Tyndall Air Force Base $25,300,000
Georgia Fort Stewart/Hunter Army Air Field $4,920,000
Moody Air Force Base $2,500,000
Hawaii Hickam Air Force Base $4,620,000
Idaho Mountain Home Air Force Base $10,125,000
Illinois Scott Air Force Base $3,830,000
Louisiana Barksdale Air Force Base $6,390,000
Mississippi Keesler Air Force Base $15,040,000
Missouri Whiteman Air Force Base $12,050,000
Montana Malmstrom Air Force Base $5,300,000
New Jersey McGuire Air Force Base $9,772,000
North Carolina Pope Air Force Base $24,570,000
Ohio Wright-Patterson Air Force Base $22,600,000
Oklahoma Tinker Air Force Base $18,180,000
South Carolina Charleston Air Force Base $2,500,000
Shaw Air Force Base $2,850,000
Texas Dyess Air Force Base $12,175,000
Lackland Air Force Base $5,500,000
Utah Hill Air Force Base $16,500,000
Virginia Langley Air Force Base $7,470,000
Washington McChord Air Force Base $10,250,000
Wyoming F.E. Warren Air Force Base $25,720,000
Total: $416,647,000
---------------------------------------------------------------------
(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
--------------------------------------------------
Country Installation or location Amount
--------------------------------------------------
Diego Garcia Diego Garcia $5,475,000
Italy Aviano Air Base $8,000,000
Korea Kunsan Air Base $6,400,000
Osan Air Base $21,948,000
Spain Naval Station Rota $5,052,000
Turkey Incirlik Air Base $1,000,000
Total: $47,875,000
--------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(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
----------------------------------------------------------------------
District of Columbia Bolling Air Force Base 136 Units $17,137,000
North Dakota Cavalier Air Force Station 2 Units $443,000
Minot Air Force Base 134 Units $19,097,000
Total: $36,677,000
----------------------------------------------------------------------
(b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(5)(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 $12,760,000.
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)(5)(A), the Secretary of the Air Force may improve existing military
family housing units in an amount not to exceed $174,046,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2000, for military construction, land
acquisition, and military family housing functions of the Department of the
Air Force in the total amount of $1,580,723,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $419,007,000.
(2) For military construction projects outside the United States
authorized by section 2301(b), $47,875,000.
(3) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $9,850,000.
(4) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $54,237,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities,
$223,483,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$826,271,000.
(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 2301 of this Act may not exceed the total amount
authorized to be appropriated under paragraphs (1) and (2) of subsection
(a).
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:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
----------------------------------------------------------------------------------------------------------
Defense Education Activity Camp Lejeune, North Carolina $5,914,000
Laurel Bay, South Carolina $804,000
Defense Logistics Agency Defense Distribution Supply Point, New Cumberland, Pennsylvania $17,700,000
Defense Fuel Support Point, Cherry Point, North Carolina $5,700,000
Defense Fuel Support Point, MacDill Air Force Base, Florida $16,956,000
Defense Fuel Support Point, McConnell Air Force Base, Kansas $11,000,000
Defense Fuel Support Point, Naval Air Station, Fallon, Nevada $5,000,000
Defense Fuel Support Point, North Island, California $5,900,000
Defense Fuel Support Point, Oceana Naval Air Station, Virginia $2,000,000
Defense Fuel Support Point, Patuxent River, Maryland $8,300,000
Defense Fuel Support Point, Twentynine Palms, California $2,200,000
Defense Supply Center, Richmond, Virginia $4,500,000
National Security Agency Fort Meade, Maryland $4,228,000
Special Operations Command Eglin Auxiliary Field 9, Florida $23,204,000
Fleet Combat Training Center, Dam Neck, Virginia $5,500,000
Fort Bragg, North Carolina $8,600,000
Fort Campbell, Kentucky $16,300,000
Naval Air Station, North Island, California $1,350,000
Naval Air Station, Oceana, Virginia $3,400,000
Naval Amphibious Base, Coronado, California $4,300,000
Naval Amphibious Base, Little Creek, Virginia $5,400,000
Tri-Care Management Activity Edwards Air Force Base, California $17,900,000
Marine Corps Base, Camp Pendleton, California $14,150,000
Eglin Air Force Base, Florida $37,600,000
Fort Drum, New York $1,400,000
Patrick Air Force Base, Florida $2,700,000
Tyndall Air Force Base, Florida $7,700,000
Total: $239,706,000
----------------------------------------------------------------------------------------------------------
(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
----------------------------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
----------------------------------------------------------------------------------------------------------------------------
Defense Education Activity Hanau, Germany $1,026,000
Hohenfels, Germany $13,774,000
Royal Air Force, Feltwell, United Kingdom $1,287,000
Royal Air Force, Lakenheath, United Kingdom $3,086,000
Schweinfurt, Germany $1,444,000
Sigonella, Italy $971,000
Wuerzburg, Germany $1,798,000
Defense Finance and Accounting Service Kleber Kaserne, Germany $7,500,000
Defense Logistics Agency Defense Fuel Support Point, Andersen Air Force Base, Guam $36,000,000
Defense Fuel Support Point, Marine Corps Air Station, Iwakuni, Japan $22,400,000
Defense Fuel Support Point, Misawa Air Base, Japan $26,400,000
Defense Fuel Support Point, Royal Air Force, Mildenhall, United Kingdom $10,000,000
Defense Fuel Support Point, Sigonella, Italy $16,300,000
Defense Threat Reduction Agency Darmstadt, Germany $2,450,000
Office of the Secretary of Defense Aruba, Curacao/Aruba $10,250,000
Curacao, Curacao/Aruba $43,900,000
Manta, Ecuador $22,673,000
Special Operations Command Roosevelt Roads, Puerto Rico $1,241,000
Taegu, Korea $1,450,000
Tri-Care Management Agency Kitzingen, Germany $1,400,000
Naval Support Activity, Naples, Italy $43,850,000
Wiesbaden Air Base, Germany $7,187,000
Total: $276,387,000
----------------------------------------------------------------------------------------------------------------------------
(c) UNSPECIFIED WORLDWIDE- Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(a)(3), the Secretary of
Defense may acquire real property and carry out military construction projects
for the installations and locations, and in the amounts, set forth in the
following table:
Defense Agencies: Unspecified Worldwide
---------------------------------------------------------
Location Installation Amount
---------------------------------------------------------
Unspecified Worldwide Unspecified Worldwide $451,135,000
---------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2403(a)(7), the Secretary of Defense may carry out energy
conservation projects under section 2865 of title 10, United States Code, in
the amount of $33,570,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2000, 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
$2,004,008,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $239,706,000.
(2) For military construction projects outside the United States
authorized by section 2401(b), $276,387,000.
(3) For the military construction projects at unspecified worldwide
locations authorized by section 2401(c), $85,095,000.
(4) For unspecified minor construction projects under section 2805 of
title 10, United States Code, $17,390,000.
(5) For contingency construction projects of the Secretary of Defense
under section 2804 of title 10, United States Code, $10,000,000.
(6) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $78,605,000.
(7) For energy conservation projects authorized by section 2404 of this
Act, $33,570,000.
(8) 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), $1,174,369,000.
(9) For military family housing functions, for support of military
housing (including functions described in section 2833 of title 10, United
States Code), $44,886,000 of which not more than $38,478,000 may be
obligated or expended for the leasing of military family housing units
worldwide.
(10) For construction of a replacement hospital at Fort Wainwright,
Alaska, 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), $44,000,000.
(b) ADVANCE AUTHORIZATION OF APPROPRIATIONS- (1)(A) Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30,
2001, for completion of the project described in subparagraph (B), as
authorized by section 2401(c) and subject to the same terms, in the amount of
$379,100,000.
(B) The project described in this subparagraph is the project for the
construction of National Missile Defense Initial Deployment Facilities,
Unspecified Worldwide locations.
(2)(A) Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2001, for completion of military construction
project described in subparagraph (B), as authorized under section 2401(a) of
the Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 825) and subject to the same terms, in the
amount of $68,000,000.
(B) The project described in this subparagraph is the project for the
construction of a replacement hospital at Fort Wainwright, Alaska.
(c) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the
cost variation authorized by section 2853 of title 10, United States Code, and
any other cost variations authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1)
and (2) of subsection (a); and
(2) $379,100,000 (the balance of the amount authorized under section
2401(c) for construction of National Missile Defense Initial Deployment
Facilities, Unspecified Worldwide locations).
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, 2000, 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
$190,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
There are authorized to be appropriated for fiscal years beginning after
September 30, 2000, 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, $59,130,000;
and
(B) for the Army Reserve, $81,713,000.
(2) For the Department of the Navy, for the Naval and Marine Corps
Reserve, $16,103,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $50,179,000;
and
(B) for the Air Force Reserve, $14,851,000.
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--
(2) the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2004.
(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--
(2) the date of the enactment of an Act authorizing funds for fiscal
year 2004 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 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, shall remain in effect
until October 1, 2001, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2002, whichever is later.
(b) TABLES- The tables referred to in subsection (a) are as follows:
Army: Extension of 1998 Project Authorizations
--------------------------------------------------------------------------------------
State Installation or location Project Amount
--------------------------------------------------------------------------------------
Maryland Fort Meade Family Housing Construction (56 units) $7,900,000
Texas Fort Hood Family Housing Construction (130 units) $18,800,000
--------------------------------------------------------------------------------------
Navy: Extension of 1998 Project Authorizations
-----------------------------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
-----------------------------------------------------------------------------------------------------------------------------------
California Naval Complex, San Diego Replacement Family Housing Construction (94 units) $13,500,000
California Marine Corps Air Station, Miramar Family Housing Construction (166 units) $28,881,000
California Marine Corps Air-Ground Combat Center, Twentynine Palms Replacement Family Housing Construction (132 units) $23,891,000
Louisiana Naval Complex, New Orleans Replacement Family Housing Construction (100 units) $11,930,000
Texas Naval Air Station, Corpus Christi Family Housing Construction (212 units) $22,250,000
Washington Naval Air Station, Whidbey Island Replacement Family Housing Construction (102 units) $16,000,000
-----------------------------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------
Georgia Robins Air Force Base Replace Family Housing (60 units) $6,800,000
Idaho Mountain Home Air Force Base Replace Family Housing (60 units) $11,032,000
New Mexico Kirtland Air Force Base Replace Family Housing (180 units) $20,900,000
Texas Dyess Air Force Base Construct Family Housing (70 units) $10,503,000
----------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1997
PROJECTS.
(a) EXTENSION- Notwithstanding section 2701 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110
Stat. 2782), authorizations set forth in the table in subsection (b), as
provided in section 2201 or 2202 of that Act and extended by section 2702 of
the Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 842), shall remain in effect until October 1,
2001, or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2002, whichever is later.
(b) TABLE- The table referred to in subsection (a) is as follows:
Navy: Extension of 1997 Project Authorizations
---------------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
---------------------------------------------------------------------------------------------------------------------
Florida Navy Station, Mayport Family Housing Construction (100 units) $10,000,000
North Carolina Marine Corps Base, Camp Lejuene Family Housing Construction (94 units) $10,110,000
South Carolina Marine Corps Air Station, Beaufort Family Housing Construction (140 units) $14,000,000
Texas Naval Complex, Corpus Christi Family Housing Replacement (104 units) $11,675,000
Naval Air Station, Kingsville Family Housing Replacement (48 units) $7,550,000
Virginia Marine Corps Combat Development Command, Quantico Sanitary Landfill $8,900,000
Washington Naval Station, Everett Family Housing Construction (100 units) $15,015,000
---------------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the
later of--
(2) the date of the enactment of this Act.
TITLE XVIII--GENERAL PROVISIONS
SEC. 2801. REAL PROPERTY TRANSACTIONS: REPORTS TO CONGRESSIONAL
COMMITTEES.
Section 2662 of title 10, United States Code, is amended by striking out
`$200,000' each place it appears and inserting in lieu thereof `$500,000'.
SEC. 2802. DEFINITION OF AN ARMORY.
Section 18232(3) of title 10, United States Code, is amended by inserting
`or readiness center' after `armory'.
SEC. 2803. EXTENSION OF AUTHORITY FOR MILITARY HOUSING PRIVATIZATION
INITIATIVE.
Section 2885 of title 10, United States Code, is amended by striking out
`2001' and inserting in lieu thereof `2006'.
SEC. 2804. REIMBURSEMENT FOR SERVICES PROVIDED UNDER HOUSING PRIVATIZATION
AGREEMENTS.
Section 2872 of title 10, United States Code, is amended--
(1) by inserting `(a) GENERAL AUTHORI-TY- ' before `In addition';
and
(2) by adding at the end the following new subsection:
`(b) REIMBURSABLE SERVICES- The Secretary concerned may provide utilities
or services to eligible entities, on a reimbursable basis, as a part of any
project for the
acquisition or construction of military family housing units or military
unaccompanied housing units under this subchapter, when such housing units are
located on a military installation. Payments for such utilities or services
shall be credited to the appropriation account or working capital fund from
which the cost of furnishing the utilities and services was paid, and are hereby
available for obligation until expended.'.
SEC. 2805. LEASING OF MILITARY FAMILY HOUSING, UNITED STATES SOUTHERN
COMMAND, MIAMI, FLORIDA.
(a) FIVE-YEAR LEASE- Subsection (b)(4) of section 2828 of title 10, United
States Code, is amended by striking `and no lease on any individual housing
unit may exceed $60,000 per year' and inserting the following new sentence:
`Leases under this paragraph may be written for any period not in excess of
five years, and the costs of such leases for any year may be paid out of
annual appropriations for that year.'.
(b) HOUSING ADJUSTMENT- Section 2828(b) of such title 10 is further
amended--
(1) in paragraph (5) by striking `(2), (3), and (4)' and inserting `(2)
and (3)'; and
(2) by adding at the end the following new paragraph:
`(6) At the beginning of each fiscal year, the Secretary of the Army
shall adjust the maximum amount provided for leases under paragraph (4) for
the previous fiscal year by the percentage (if any) by which the Department
of Defense Basic Allowance for Housing (BAH) for the Miami metropolitan area
during the preceding fiscal year exceeded such Basic Allowance for Housing
for the fiscal year before such preceding year.'.
SEC. 2806. REVISION OF LIMITATIONS ON SPACE BY PAY GRADE.
Section 2826 of title 10, United States Code, is amended--
(A) by striking the designator `(a)'; and
(B) by striking `the following are the space limitations' and all that
follows through the end of the subsection, and inserting `the Secretary
concerned shall ensure that the room patterns and floor areas are
generally comparable to the room patterns and floor areas of similar
housing units in the locality concerned.'; and
(2) by striking subsections (b) through (i).
SEC. 2807. MODIFICATION TO AUTHORITY FOR LAND CONVEYANCE, MARINE CORPS AIR
STATION, EL TORO, CALIFORNIA.
Section 2811(a)(2) of Public Law 101-189, the National Defense
Authorization Act for Fiscal Years 1990 and 1991 is amended by striking out
`of additional military family housing units at Marine Corps Air Station,
Tustin, California.' and inserting in lieu thereof `and repair of roads and
development of Aerial Port of Embarkation facilities at Marine Corps Air
Station, Miramar, California.'.
END