106th CONGRESS
2d Session
H. R. 4205
AN ACT
To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.
HR 4205 EH
106th CONGRESS
2d Session
 H. R. 4205

AN ACT
To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
  (a) SHORT TITLE- This Act may be cited as the `Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001'.
  (b) FINDINGS- Congress makes the following findings:
  (1) Representative Floyd D. Spence of South Carolina was elected to the House of Representatives in 1970, for service in the 92d Congress, after serving in the South Carolina legislature for 10 years, and he has been reelected to each subsequent Congress.
  (2) Representative Spence came to Congress as a distinguished veteran of service in the Armed Forces of the United States.
  (3) Upon graduation from college in 1952, Representative Spence was commissioned as an ensign in the United States Naval Reserve.  After entering active duty, he served with distinction aboard the USS CARTER HALL and the USS LSM-397 during the Korean War and later served as commanding officer of a Naval Reserve Surface Division and as group commander of all Naval Reserve units in Columbia, South Carolina. Representative Spence retired from the Naval Reserve in 1988 in the grade of captain, after 41 years of dedicated service.
  (4) Upon election to the House of Representatives, Representative Spence became a member of the Committee on Armed Services of that body. During 30 years of service on that committee (4 years of which were served while the committee was known as the Committee on National Security), Representative Spence's contributions to the national defense and security of the United States have been profound and long lasting.
  (5) Representative Spence served as chairman of that committee while known as the Committee on National Security during the 104th and 105th Congresses and serves as chairman of that committee for the 106th Congress. In addition, Representative Spence served as the ranking minority member of the Committee on Armed Services during the 103d Congress.
  (6) Dozens of awards from active duty and reserve military, veterans service, military retiree, and industry organizations and associations have recognized the distinguished character of Representative Spence's service to the Nation.
  (7) Representative Spence has been a leading figure in the debate over many of the most critical military readiness, health care, recruiting, and retention issues currently confronting the Nation's military.  His concern for the men and women in uniform has been unwavering, and his accomplishments in promoting and gaining support for those issues that preserve the combat effectiveness, morale, and quality of life of the Nation's military personnel have been unparalleled.
  (8) During his tenure as chairman of the Committee on National Security and the Committee on Armed Services of the House of Representatives, Representative Spence has--
  (A) led efforts to identify and reverse the effect that declining resources and rising commitments have had on military quality of life for service members and their families, on combat readiness, and on equipment modernization, with a direct result of those diligent efforts and of his willingness to be an outspoken proponent for America's military being that Congress has added nearly $50,000,000,000 to the President's defense budgets over the past 5 years;
  (B) been a leading proponent of the need to expeditiously develop and field a national missile defense to protect American citizens and forward deployed military forces from growing ballistic missile threats;
  (C) advocated reversing the growing disparity between actual military capability and the requirements associated with the National Military Strategy; and
  (D) led efforts in Congress to reform Department of Defense acquisition and management headquarters and infrastructure and business practices.
  (9) This Act is the 30th annual authorization bill for the Department of Defense for which Representative Spence has taken a major responsibility as a member of the Committee on Armed Services of the House of Representatives (including 4 years while that committee was known as the Committee on National Security).
  (10) In light of the findings in the preceding paragraphs, it is altogether fitting and proper that this Act be named in honor of Representative Floyd D. Spence of South Carolina, as provided in subsection (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
  (a) DIVISIONS- This Act is organized into three divisions as follows:
  (1) Division A--Department of Defense Authorizations.
  (2) Division B--Military Construction Authorizations.
  (3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
  (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense Health Program.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of Bunker Defeat Munitions that may be acquired.
Sec. 113. Armament Retooling and Manufacturing Support Initiative.
Subtitle C--Navy Programs
Sec. 121. Submarine force structure.
Sec. 122. Virginia class submarine program.
Sec. 123. Retention of configuration of certain Naval Reserve frigates.
Sec. 124. Extension of multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 125. Economic analysis of certain shipbuilding programs.
Subtitle D--Air Force Programs
Sec. 131. Annual report on operational status of B-2 bomber.
Sec. 132. KC-135E reengining kits.
Subtitle E--Joint Programs
Sec. 141. Study of production alternatives for the Joint Strike Fighter program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. High energy laser programs.
Sec. 212. Management of Space-Based Infrared System--Low.
Sec. 213. Joint strike fighter.
Subtitle C--Ballistic Missile Defense
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Sense of the Congress concerning commitment to deployment of National Missile Defense system.
Sec. 233. Reports on ballistic missile threat posed by North Korea.
Sec. 234. Plan to modify ballistic missile defense architecture to cover intermediate-range ballistic missile threats.
Sec. 235. Designation of Airborne Laser Program as a program element of Ballistic Missile Defense program.
Subtitle D--Other Matters
Sec. 241. Recognition of those individuals instrumental to naval research efforts during the period from before World War II through the end of the Cold War.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B--Environmental Provisions
Sec. 311. Payment of fines and penalties imposed for environmental violations.
Sec. 312. Necessity of military low-level flight training to protect national security and enhance military readiness.
Sec. 313. Use of environmental restoration accounts to relocate activities from defense environmental restoration sites.
Sec. 314. Findings and sense of the Congress regarding environmental restoration of former defense manufacturing site, Santa Clarita, California.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 321. Use of appropriated funds to cover operating expenses of commissary stores.
Sec. 322. Adjustment of sales prices of commissary store goods and services to cover certain expenses.
Sec. 323. Use of surcharges for construction and improvement of commissary stores.
Sec. 324. Inclusion of magazines and other periodicals as an authorized commissary merchandise category.
Sec. 325. Use of most economical distribution method for distilled spirits.
Sec. 326. Report on effects of availability of slot machines on United States military installations overseas.
Subtitle D--Performance of Functions by Private-Sector Sources
Sec. 331. Inclusion of additional information in reports to Congress required before conversion of commercial or industrial type functions to contractor performance.
Sec. 332. Limitation on use of funds for Navy Marine Corps intranet contract.
Subtitle E--Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 342. Eligibility for attendance at Department of Defense domestic dependent elementary and secondary schools.
Subtitle F--Military Readiness Issues
Sec. 351. Additional capabilities of, and reporting requirements for, the readiness reporting system.
Sec. 352. Reporting requirements regarding transfers from high-priority readiness appropriations.
Sec. 353. Department of Defense strategic plan to reduce backlog in maintenance and repair of defense facilities.
Subtitle G--Other Matters
Sec. 361. Authority to ensure demilitarization of significant military equipment formerly owned by the Department of Defense.
Sec. 362. Annual report on public sale of certain military equipment identified on United States Munitions List.
Sec. 363. Registration of certain information technology systems with chief information officer.
Sec. 364. Studies and reports required as precondition to certain manpower reductions.
Sec. 365. National Guard assistance for certain youth and charitable organizations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to be on active duty in support of the Reserves.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General Personnel Management Authorities
Sec. 501. Authority for Secretary of Defense to suspend certain personnel strength limitations during war or national emergency.
Sec. 502. Authority to issue posthumous commissions in the case of members dying before official recommendation for appointment or promotion is approved by secretary concerned.
Sec. 503. Technical correction to retired grade rule for Army and Air Force officers.
Sec. 504. Extension to end of calendar year of expiration date for certain force drawdown transition authorities.
Sec. 505. Clarification of requirements for composition of active-duty list selection boards when reserve officers are under consideration.
Sec. 506. Voluntary Separation Incentive.
Sec. 507. Congressional review period for assignment of women to duty on submarines and for any proposed reconfiguration or design of submarines to accommodate female crew members.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Exemption from active-duty list for reserve officers on active duty for a period of three years or less.
Sec. 512. Exemption of reserve component medical and dental officers from counting in grade strengths.
Sec. 513. Continuation of officers on the reserve active status list without requirement for application.
Sec. 514. Authority to retain reserve component chaplains and officers in medical specialties until specified age.
Sec. 515. Authority for temporary increase in number of reserve component personnel serving on active duty or full-time National Guard duty in certain grades.
Sec. 516. Authority for provision of legal services to reserve component members following release from active duty.
Sec. 517. Entitlement to separation pay for reserve officers released from active duty upon declining selective continuation on active duty after second failure of selection for promotion.
Sec. 518. Extension of involuntary civil service retirement date for certain reserve technicians.
Subtitle C--Education and Training
Sec. 521. College tuition assistance program for pursuit of degrees by members of the Marine Corps Platoon Leaders Class program.
Sec. 522. Review of allocation of Junior Reserve Officers Training Corps units among the services.
Sec. 523. Authority for Naval Postgraduate School to enroll certain defense industry civilians in specified programs relating to defense product development.
Subtitle D--Decorations, Awards, and Commendations
Sec. 531. Authority for award of the Medal of Honor to Andrew J. Smith for valor during the Civil War.
Sec. 532. Authority for award of the Medal of Honor to Ed W. Freeman for valor during the Vietnam Conflict.
Sec. 533. Consideration of proposals for posthumous or honorary promotions or appointments of members or former members of the Armed Forces and other qualified persons.
Sec. 534. Waiver of time limitations for award of Navy Distinguished Flying Cross to certain persons.
Sec. 535. Addition of certain information to markers on graves containing remains of certain unknowns from the U.S.S. ARIZONA who died in the Japanese attack on Pearl Harbor on December 7, 1941.
Sec. 536. Sense of the Congress regarding final crew of U.S.S. INDIANAPOLIS.
Sec. 537. Posthumous advancement of Rear Admiral (retired) Husband E. Kimmel and Major General (retired) Walter C. Short on retired lists.
Sec. 538. Commendation of citizens of Remy, France, for World War II actions.
Subtitle E--Military Justice Matters
Sec. 541. Recognition by States of military testamentary instruments.
Sec. 542. Probable cause required for entry of names of subjects into official criminal investigative reports.
Sec. 543. Collection and use of DNA identification information from violent and sexual offenders in the Armed Forces.
Sec. 544. Clarification and reaffirmation of the intent of Congress regarding the court-martial sentence of confinement for life without eligibility for parole.
Sec. 545. Authority for civilian special agents of military department criminal investigative organizations to execute warrants and make arrests.
Subtitle F--Other Matters
Sec. 551. Funeral honors duty compensation.
Sec. 552. Test of ability of reserve component intelligence units and personnel to meet current and emerging defense intelligence needs.
Sec. 553. National Guard Challenge program.
Sec. 554. Study of use of civilian contractor pilots for operational support missions.
Sec. 555. Pilot program to enhance military recruiting by improving military awareness of school counselors and educators.
Sec. 556. Reimbursement for expenses incurred by members in connection with cancellation of leave on short notice.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Revised method for calculation of basic allowance for subsistence.
Sec. 603. Family subsistence supplemental allowance for low-income members of the Armed Forces.
Sec. 604. Calculation of basic allowance for housing for inside the United States.
Sec. 605. Equitable treatment of junior enlisted members in computation of basic allowance for housing.
Sec. 606. Basic allowance for housing authorized for additional members without dependents who are on sea duty.
Sec. 607. Personal money allowance for senior enlisted members of the Armed Forces.
Sec. 608. Allowance for officers for purchase of required uniforms and equipment.
Sec. 609. Increase in monthly subsistence allowance for members of precommissioning programs.
Sec. 610. Additional amount available for fiscal year 2001 increase in basic allowance for housing inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses and special pays.
Sec. 614. Consistency of authorities for special pay for reserve medical and dental officers.
Sec. 615. Special pay for Coast Guard physician assistants.
Sec. 616. Special duty assignment pay for enlisted members.
Sec. 617. Revision of career sea pay.
Sec. 618. Revision of enlistment bonus authority.
Sec. 619. Authorization of retention bonus for members of the Armed Forces qualified in a critical military skill.
Sec. 620. Elimination of required congressional notification before implementation of certain special pay authority.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Advance payments for temporary lodging of members and dependents.
Sec. 632. Additional transportation allowance regarding baggage and household effects.
Sec. 633. Equitable dislocation allowances for junior enlisted members.
Sec. 634. Authority to reimburse military recruiters, Senior ROTC cadre, and military entrance processing personnel for certain parking expenses.
Sec. 635. Expansion of funded student travel for dependents.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 641. Increase in maximum number of reserve retirement points that may be credited in any year.
Sec. 642. Reserve component survivor benefit plan spousal consent requirement.
Sec. 643. Effective date of disability retirement for members dying in civilian medical facilities.
Subtitle E--Other Matters
Sec. 651. Participation in Thrift Savings Plan.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Two-year extension of authority for use of contract physicians at military entrance processing stations and elsewhere outside medical treatment facilities.
Sec. 702. Medical and dental care for medal of honor recipients.
Sec. 703. Provision of domiciliary and custodial care for CHAMPUS beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 704. Demonstration project for expanded access to mental health counselors.
Sec. 705. Teleradiology demonstration project.
Subtitle B--TRICARE Program
Sec. 711. Additional beneficiaries under TRICARE Prime Remote program in the continental United States.
Sec. 712. Elimination of copayments for immediate family.
Sec. 713. Modernization of TRICARE business practices and increase of use of military treatment facilities.
Sec. 714. Claims processing improvements.
Sec. 715. Prohibition against requirement for prior authorization for certain referrals; report on nonavailability-of-health-care statements.
Sec. 716. Authority to establish special locality-based reimbursement rates; reports.
Sec. 717. Reimbursement for certain travel expenses.
Sec. 718. Reduction of catastrophic cap.
Sec. 719. Report on protections against health care providers seeking direct reimbursement from members of the uniformed services.
Sec. 720. Disenrollment process for TRICARE retiree dental program.
Subtitle C--Health Care Programs for Medicare-Eligible Department of Defense Beneficiaries
Sec. 721. Implementation of TRICARE senior pharmacy program.
Sec. 722. Study on health care options for Medicare-eligible military retirees.
Sec. 723. Extended coverage under Federal Employees Health Benefits Program.
Sec. 724. Extension of TRICARE senior supplement program.
Sec. 725. Medicare subvention project for military retirees and dependents.
Subtitle D--Other Matters
Sec. 731. Training in health care management and administration.
Sec. 732. Study of accrual financing for health care for military retirees.
Sec. 733. Tracking patient safety in military medical treatment facilities.
Sec. 734. Pharmaceutical identification technology.
Sec. 735. Management of vaccine immunization program.
Sec. 736. Study on feasibility of sharing biomedical research facility.
Sec. 737. Chiropractic health care for members on active duty.
Sec. 738. VA-DOD sharing agreements for health services.
Sec. 739. Improvement of access to health care under the TRICARE program.
Sec. 740. Study on comparability of coverage for physical, speech, and occupational therapies.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Sec. 801. Extension of authority for Department of Defense acquisition pilot programs; reports required.
Sec. 802. Technical data rights for items developed exclusively at private expense.
Sec. 803. Management of acquisition of mission-essential software for major defense acquisition programs.
Sec. 804. Extension of waiver period for live-fire survivability testing for MH-47E and MH-60K helicopter modification programs.
Sec. 805. Three-year extension of authority of Defense Advanced Research Projects Agency to carry out certain prototype projects.
Sec. 806. Certification of major automated information systems as to compliance with Clinger-Cohen Act.
Sec. 807. Limitations on procurement of certain items.
Sec. 808. Multiyear services contracts.
Sec. 809. Study on impact of foreign sourcing of systems on long-term military readiness and related industrial infrastructure.
Sec. 810. Prohibition against use of Department of Defense funds to give or withhold a preference to a marketer or vendor of firearms or ammunition.
Sec. 811. Study and report on practice of contract bundling in military construction contracts.
Sec. 812. Requirement to conduct study on contract bundling.
Sec. 813. Compliance with Buy American Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change of title of certain positions in the Headquarters, Marine Corps.
Sec. 902. Further reductions in defense acquisition and support workforce.
Sec. 903. Clarification of scope of inspector general authorities under military whistleblower law.
Sec. 904. Report on number of personnel assigned to legislative liaison functions.
Sec. 905. Joint report on establishment of national collaborative information analysis capability.
Sec. 906. Organization and management of Civil Air Patrol.
Sec. 907. Report on Network Centric Warfare.
Sec. 908. Defense Institute for Hemispheric Security Cooperation.
Sec. 909. Department of Defense regional centers for security studies.
Sec. 910. Change in name of Armed Forces Staff College to Joint Forces Staff College.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for fiscal year 2000.
Sec. 1004. Contingent repeal of certain provisions shifting certain outlays from one fiscal year to another.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations for fiscal year 2001.
Sec. 1006. Requirement for plan to ensure compliance with financial management requirements.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. National Defense Features Program.
Subtitle C--Counter-Drug Activities
Sec. 1021. Report on Department of Defense expenditures to support foreign counter-drug activities.
Sec. 1022. Report on tethered aerostat radar system.
Subtitle D--Other Matters
Sec. 1031. Funds for administrative expenses under Defense Export Loan Guarantee program.
Sec. 1032. Technical and clerical amendments.
Sec. 1033. Transfer of Vietnam era TA-4 aircraft to nonprofit foundation.
Sec. 1034. Transfer of 19th century cannon to museum.
Sec. 1035. Expenditures for declassification activities.
Sec. 1036. Authority to provide loan guarantees to improve domestic preparedness to combat cyberterrorism.
Sec. 1037. V-22 cockpit aircraft voice and flight data recorders.
Sec. 1038. Additional weapons of mass destruction civil support teams.
Sec. 1039. Commission on the Future of the United States Aerospace Industry.
Sec. 1040. Sense of the Congress regarding information technology systems.
Sec. 1041. Assignment of members to assist Immigration and Naturalization Service and Customs Service.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Employment and compensation provisions for employees of temporary organizations established by law or Executive order.
Sec. 1102. Restructuring the restriction on degree training.
Sec. 1103. Continuation of tuition reimbursement and training for certain acquisition personnel.
Sec. 1104. Extension of authority for civilian employees of the Department of Defense to participate voluntarily in reductions in force.
Sec. 1105. Expansion of defense civilian intelligence personnel system positions.
Sec. 1106. Pilot program for reengineering the equal employment opportunity complaint process.
Sec. 1107. Temporary authority regarding voluntary separation incentives and early retirement for employees of the Department of the Air Force.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities.
Sec. 1202. Annual report assessing effect of continued operations in the Balkans region on readiness to execute the national military strategy.
Sec. 1203. Situation in the Balkans.
Sec. 1204. Limitation on number of military personnel in Colombia.
Sec. 1205. Activities in Kosovo.
Sec. 1206. NATO fair burdensharing.
Sec. 1207. GAO study on value of United States military engagement in Europe.
Sec. 1208. Sense of the Congress regarding noncompliance with law regarding oversight of communist Chinese military companies operating in the United States.
Sec. 1209. Adjustment of composite theoretical performance levels of high performance computers.
Sec. 1210. Prohibition on assumption by United States Government of liability for nuclear accidents in North Korea.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional weapons.
Sec. 1304. Limitations on use of funds for fissile material storage facility.
Sec. 1305. Limitation on use of funds until submission of multiyear plan.
Sec. 1306. Russian nonstrategic nuclear arms.
Sec. 1307. Limitation on use of funds to support warhead dismantlement processing.
Sec. 1308. Agreement on nuclear weapons storage sites.
Sec. 1309. Prohibition on use of funds for construction of fossil fuel energy plants.
Sec. 1310. Audits of Cooperative Threat Reduction programs.
Sec. 1311. Limitation on use of funds for prevention of biological weapons proliferation in Russia.
TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE (EMP) ATTACK
Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Report.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.
TITLE XV--LAND CONVEYANCE REGARDING VIEQUES ISLAND, PUERTO RICO
Sec. 1501. Conveyance of naval ammunition support detachment, Vieques Island.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
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.
Sec. 2205. Modification of authority to carry out fiscal year 1997 project at Marine Corps Combat Development Command, Quantico, Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. 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
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2801. Revision of limitations on space by pay grade.
Sec. 2802. Leasing of military family housing, United States Southern Command, Miami, Florida.
Sec. 2803. Extension of alternative authority for acquisition and improvement of military housing.
Sec. 2804. Expansion of definition of armory to include readiness centers.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in threshold for notice and wait requirements for real property transactions.
Sec. 2812. Enhancement of authority of military departments to lease non-excess property.
Sec. 2813. Conveyance authority regarding utility systems of military departments.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2834. Land conveyance, Fort Polk, Louisiana.
Sec. 2835. Land conveyance, Fort Pickett, Virginia.
Sec. 2836. Land conveyance, Fort Dix, New Jersey.
Sec. 2837. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2838. Land exchange, Fort Hood, Texas.
Sec. 2839. Land conveyance, Charles Melvin Price Support Center, Illinois.
Sec. 2840. Land conveyance, Army Reserve Local Training Center, Chattanooga, Tennessee.
Sec. 2841. Land conveyance, Fort Riley Military Reservation, Kansas.
Sec. 2842. Land conveyances, Fort Vancouver Barracks, Vancouver, Washington.
Part II--Navy Conveyances
Sec. 2851. Modification of authority for Oxnard Harbor District, Port Hueneme, California, to use certain Navy property.
Sec. 2852. Modification of land conveyance, Marine Corps Air Station, El Toro, California.
Sec. 2853. Transfer of jurisdiction, Marine Corps Air Station, Miramar, California.
Sec. 2854. Lease of property, Marine Corps Air Station, Miramar, California.
Sec. 2855. Lease of property, Naval Air Station,  Pensacola, Florida.
Sec. 2856. Land exchange, Marine Corps Recruit Depot, San Diego, California.
Sec. 2857. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2858. Land conveyance, Naval Reserve Center, Tampa, Florida.
Part III--Air Force Conveyances
Sec. 2861. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2864. Land conveyance, Lowry Air Force Base, Colorado.
Part IV--Other Conveyances
Sec. 2871. Conveyance of Army and Air Force Exchange Service property, Farmers Branch, Texas.
Subtitle D--Other Matters
Sec. 2881. Relation of easement authority to leased parkland, Marine Corps Base, Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of fire, security, police, public works, and utility services from local government agencies.
Sec. 2883. Establishment of World War II memorial on Guam.
Sec. 2884. Naming of Army missile testing range at Kwajalein Atoll as the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll.
Sec. 2885. Designation of building at Fort Belvoir, Virginia, in honor of Andrew T. McNamara.
Sec. 2886. Designation of Balboa Naval Hospital, San Diego, California, in honor of Bob Wilson, a former Member of the House of Representatives.
Sec. 2887. Sense of the Congress regarding importance of expansion of National Training Center, Fort Irwin, California.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense facilities closure projects.
Sec. 3105. Defense environmental management privatization.
Sec. 3106. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Availability of funds.
Sec. 3128. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Funding for termination costs for River Protection Project, Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security Administration and Ballistic Missile Defense Organization.
Sec. 3133. Required contents of future-years nuclear security program to be submitted with fiscal year 2002 budget and limitation on the obligation of certain funds pending submission of that program.
Sec. 3134. Limitation on obligation of certain funds.
Sec. 3135. Designation of River Protection Project, Richland, Washington.
Sec. 3136. Adjustment of composite theoretical performance levels for post-shipment verification reports on advanced supercomputers sales to certain foreign nations.
Sec. 3137. Employee incentives for employees at closure project facilities.
Sec. 3138. Sense of the Congress regarding compensation and health care for personnel of the Department of Energy and its contractors and vendors who have sustained beryllium, silica, and radiation-related injury.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Use of excess titanium sponge in the National Defense Stockpile to manufacture Department of Defense equipment.
TITLE XXXIV--MARITIME ADMINISTRATION
Sec. 3401. Authorization of appropriations for fiscal year 2001.
Sec. 3402. Extension of period for disposal of obsolete vessels in the National Defense Reserve Fleet.
Sec. 3403. Authority to convey National Defense Reserve Fleet vessel, GLACIER.
Sec. 3404. Authority to convey offshore drill rig OCEAN STAR.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
  For purposes of this Act, the term `congressional defense committees' means--
  (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
  (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
  Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Army as follows:
  (1) For aircraft, $1,542,762,000.
  (2) For missiles, $1,367,681,000.
  (3) For weapons and tracked combat vehicles, $2,167,938,000.
  (4) For ammunition, $1,199,323,000.
  (5) For other procurement, $4,095,270,000.
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, $8,205,758,000.
  (2) For weapons, including missiles and torpedoes, $1,562,250,000.
  (3) For shipbuilding and conversion, $11,981,968,000.
  (4) For other procurement, $3,432,011,000.
  (b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Marine Corps in the amount of $1,254,735,000.
  (c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement of ammunition for the Navy and the Marine Corps in the amount of $481,349,000.
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, $10,267,153,000.
  (2) For missiles, $3,046,715,000.
  (3) For ammunition, $638,808,000.
  (4) For other procurement, $7,869,903,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
  (a) AMOUNT AUTHORIZED- Funds are hereby authorized to be appropriated for fiscal year 2001 for Defense-wide procurement in the amount of $2,309,074,000.
  (b) AMOUNT FOR NATIONAL MISSILE DEFENSE- Of the funds authorized to be appropriated in subsection (a), $74,500,000 shall be available for the National Missile Defense program.
SEC. 105. DEFENSE INSPECTOR GENERAL.
  Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Inspector General of the Department of Defense in the amount of $3,300,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
  There is hereby authorized to be appropriated for fiscal year 2001 the amount of $877,100,000 for--
  (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
  (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
  Funds are hereby authorized to be appropriated for fiscal year 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.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.
  (a) M2A3 BRADLEY FIGHTING VEHICLE- (1) 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 one or more multiyear contracts for procurement of M2A3 Bradley fighting vehicles.
  (2) The Secretary of the Army may execute a contract authorized by paragraph (1) only after--
  (A) there is a successful completion of a M2A3 Bradley initial operational test and evaluation (IOT&E); and
  (B) the Secretary certifies in writing to the congressional defense committees that the vehicle met all required test parameters.
  (b) UTILITY HELICOPTERS- Beginning with the fiscal year 2002 program year, the Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into one or more multiyear contracts for procurement of UH-60 Blackhawk utility helicopters and, acting as executive agent for the Department of the Navy, CH-60 Knighthawk utility helicopters.
SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNKER DEFEAT MUNITIONS THAT MAY BE ACQUIRED.
  Section 116(2) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2862) is amended by striking `6,000' and inserting `8,500'.
SEC. 113.  ARMAMENT RETOOLING AND MANUFACTURING SUPPORT INITIATIVE.
  (a) EXPANSION OF AUTHORITY- The Armament Retooling and Manufacturing Support Act of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C. 2501 note) is amended--
  (1) in section 193--
  (A) in subsection (a), by striking `2001' and inserting `2002'; and
  (B) by adding at the end the following new subsection:
  `(d) INCLUSION OF MANUFACTURING ARSENALS- For purposes of this Act, a manufacturing arsenal of the Department of the Army shall be treated as a Government-owned, contractor-operated manufacturing facility of the Department of the Army.'; and
  (2) in section 194--
  (A) by striking subsection (a)(1) and inserting the following:
  `(1) to use the facility for any period of time that the Secretary determines is appropriate for the accomplishment of, and consistent with, the needs of the Department of the Army and the purposes of the ARMS Initiative; and'; and
  (B) by adding at the end the following new subsection:
  `(c) AUTHORITY TO ACCEPT NON-MONETARY CONSIDERATION FOR USE OF FACILITIES- The Secretary may accept non-monetary consideration in lieu of rental payments for use of a facility under a contract entered into under this section.'.
  (b) REPORT- Not later than July 1, 2001, the Secretary of the Army shall submit to the congressional defense committees a report on the progress of the implementation of the ARMS Initiative at manufacturing arsenals of the Department of the Army under the Armament Retooling and Manufacturing Support Act of 1992 (as amended by subsection (a)).  The report shall contain a comprehensive review of contracting at the manufacturing arsenals of the Department of the Army and such recommendations as the Secretary considers appropriate.
Subtitle C--Navy Programs
SEC. 121. SUBMARINE FORCE STRUCTURE.
  (a) LIMITATION ON RETIREMENT OF SUBMARINES- The Secretary of Defense may not retire from the active force structure of the Navy any Los Angeles class nuclear-powered attack submarine (SSN) which has less than 30 years of active service.
  (b) REPORT- Not later than April 15, 2001, the President shall submit to Congress a report on the required force structure for nuclear-powered submarines, including attack submarines (SSNs), ballistic missile submarines (SSBNs), and cruise missile submarines (SSGNs), to support the national military strategy through 2020. The report shall include a detailed discussion of the acquisition strategy and fleet maintenance requirements to achieve and maintain that force structure through--
  (1) the procurement of new construction submarines;
  (2) the refueling of Los Angeles class attack submarines (SSNs) to achieve the maximum amount of operational useful service; and
  (3) the conversion of Ohio class submarines that are no longer required for the strategic deterrence mission from their current ballistic missile (SSBN) configuration to a cruise-missile (SSGN) configuration.
SEC. 122. VIRGINIA CLASS SUBMARINE PROGRAM.
  (a) CONTRACT AUTHORITY- The Secretary of the Navy is authorized to enter into a contract or contracts for the procurement of five Virginia class submarines during fiscal years 2003 through 2006. Any such contract shall provide that any obligation of the United States to make payments under the contract is subject to the availability of funds provided in advance in appropriations Acts. The submarines authorized to be procured under this subsection are in addition to the submarines authorized under section 121(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648).
  (b) SHIPBUILDER TEAMING- Paragraphs (2)(A), (3), and (4) of section 121(b) of National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648) apply to the procurement of submarines under this section.
  (c) LIMITATION OF LIABILITY- If a contract entered into under this section is terminated, the United States shall not be liable for termination costs in excess of the total amount appropriated for the Virginia class submarine program.
SEC. 123. RETENTION OF CONFIGURATION OF CERTAIN NAVAL RESERVE FRIGATES.
  For each FFG-7 class frigate produced in Flight I or Flight II of that class that is commissioned in active service, the Secretary of the Navy shall, for so long as the vessel remains commissioned in active service--
  (1) provide for the vessel to be configured and equipped with the complete organic weapons system capability for that vessel, as specified in the Navy's Operational Requirements Document; and
  (2) retain those operational assets that are integral to the FFG-7 weapons system in their current (as of the enactment of this Act) locations in order to avoid disruption of established training and operational cycles.
SEC. 124. EXTENSION OF MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS DESTROYERS.
  (a) AUTHORITY FOR ADDITIONAL MULTIYEAR PROCUREMENT- Section 122(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as amended by section 122(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 534), is amended--
  (1) in the first sentence, by striking `18 Arleigh Burke class destroyers' and all that follows through `2003' and inserting `Arleigh Burke class destroyers'; and
  (2) by inserting after the first sentence the following new sentence: `Vessels authorized under this subsection shall be acquired at a procurement rate of three ships per year in each of fiscal years 1998 through 2001 and up to three ships per year in each of fiscal years 2002 through 2005.'.
  (b) CLERICAL AMENDMENT- The heading for such subsection is amended by striking `OF 18 Vessels'.
SEC. 125. ECONOMIC ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.
  (a) ECONOMIC ANALYSIS- The Secretary of Defense, in consultation with the Secretary of the Navy, shall conduct an economic analysis on the potential benefits and costs associated with full funding, and with alternative funding mechanisms, for the procurement of large aviation-capable naval vessels beginning in fiscal year 2002.
  (b) COVERED VESSEL CLASSES- For purposes of this section, the term `large aviation-capable naval vessel' means the following classes of vessel:
  (1) The CVN(X) class aircraft carrier.
  (2) The LHD and LHA replacement class amphibious assault ships.
  (c) REPORT- The Secretary shall submit to the congressional defense committees a report detailing the results of the economic analysis under subsection (a). The report shall be submitted concurrently with the submission of the President's Budget for fiscal year 2002, but in no event later than February 5, 2001. The report shall include the following:
  (1) A detailed description of the funding mechanisms considered.
  (2) The potential savings or costs associated with each such funding mechanism.
  (3) The year-to-year effect of each such funding mechanism on production stability of other shipbuilding programs funded within the Shipbuilding and Conversion, Navy, account, given the current acquisition plan of the Navy for the large aviation-capable ships and other shipbuilding programs through fiscal year 2010.
  (4) A description and discussion of any statutory or regulatory restrictions that would preclude the use of any of the funding mechanisms considered.
Subtitle D--Air Force Programs
SEC. 131. ANNUAL REPORT ON OPERATIONAL STATUS OF B-2 BOMBER.
  (a) IN GENERAL- (1) Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2282. B-2 bomber: annual report on operational status
  `Not later than March 1 of each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the operational status of the B-2 bomber. Each such report shall include the following:
  `(1) An assessment as to whether the B-2 aircraft has a high probability of being able to perform its intended missions.
  `(2) Identification of all planned or ongoing development of technologies to enhance B-2 aircraft capabilities for which funds are programmed in the future years defense program and an assessment as to whether those technologies--
  `(A) are consistent with the Air Force bomber roadmap in effect at the time of the report;
  `(B) are consistent with the recommendations of the report of the Long-Range Air Power panel established by section 8131 of the Department of Defense Appropriations Act, 1998 (Public Law 105-56); and
  `(C) will be sufficient to assure that the B-2 aircraft will have a high probability of being able to perform its intended missions in the future.
  `(3) Definition of any additional technology development required to assure that the B-2 aircraft will retain a high probability of being able to perform its intended missions and an estimate of the funding required to develop those additional technologies.
  `(4) An assessment as to whether the technologies identified pursuant to paragraph (2) are adequately funded in the budget request for the next fiscal year and whether funds have been identified throughout the future years defense program to continue those technology developments at an adequate level.'.
  (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`2282. B-2 bomber: annual report on operational status.'.
  (b) REPEAL OF SUPERSEDED REPORTING REQUIREMENT- Section 112 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189) is repealed.
SEC. 132. KC-135E REENGINING KITS.
  Of the amount provided in section 103(1) for procurement of aircraft for the Air Force, the amount of $52,000,000 provided for two reengining kits for KC-135E modifications shall be available for the Air Force Reserve Command.
Subtitle E--Joint Programs
SEC. 141. STUDY OF PRODUCTION ALTERNATIVES FOR THE JOINT STRIKE FIGHTER PROGRAM.
  (a) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report providing the results of a study of production alternatives for the Joint Strike Fighter aircraft program and the effects on the tactical fighter aircraft industrial base of each alternative considered.
  (b) MATTERS TO BE INCLUDED- The report under subsection (a) shall include the following:
  (1) Examination of alternative production strategies for the program, including--
  (A) production of all aircraft under the program at one location;
  (B) production at dual locations; and
  (C) production at multiple locations using facilities of the existing bomber and fighter aircraft production base.
  (2) Identification of each major Government or industry facility that is a potential location for production of such aircraft.
  (3) Identification of the anticipated costs of production of that aircraft at each facility identified pursuant to paragraph (2) under each of the alternative production strategies examined pursuant to paragraph (1), based upon a reasonable profile for the annual procurement of that aircraft once it enters production.
  (4) A comparison, for each such production strategy, of the anticipated costs of carrying out production of that aircraft at each such location with the costs of carrying out such production at each of the other such locations.
  (c) COST COMPARISON- In identifying costs under subsection (b)(3) and carrying out the cost comparisons required by subsection (b)(4), the Secretary shall include consideration of each of the following factors:
  (1) State tax credits.
  (2) State and local incentives.
  (3) Skilled resident workforce.
  (4) Supplier and technical support bases.
  (5) Available stealth production facilities.
  (6) Environmental standards.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
  Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Department of Defense for research, development, test, and evaluation as follows:
  (1) For the Army, $5,500,246,000.
  (2) For the Navy, $8,834,477,000.
  (3) For the Air Force, $13,677,108,000.
  (4) For Defense-wide activities, $11,297,323,000, of which $219,560,000 is authorized for Operational Test and Evaluation, Defense.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
  (a) FISCAL YEAR 2001- Of the amounts authorized to be appropriated by section 201, $4,435,354,000 shall be available for basic research and applied research projects.
  (b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED- For purposes of this section, the term `basic research and applied research' means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. HIGH ENERGY LASER PROGRAMS.
  (a) FUNDING FOR FISCAL YEAR 2001- (1) Of the amount authorized to be appropriated by section 201(4),  $30,000,000 is authorized for high energy laser development.
  (2) Funds available under this section are available to supplement the high energy laser programs of the military departments and Defense Agencies, as determined by the official designated under subsection (b).
  (b) DESIGNATION OF OFFICIAL FOR HIGH ENERGY LASER PROGRAMS- (1) The Secretary of Defense shall designate a senior civilian official in the Office of the Secretary of Defense (in this section referred to as the `designated official') to carry out responsibilities for the programs for which funds are provided under this section. The designated official shall report directly to the Under Secretary of Defense for Acquisition, Technology, and Logistics for matters concerning the responsibilities specified in paragraph (2).
  (2) The primary responsibilities of the designated official shall include the following:
  (A) Establishment of priorities for the high energy laser programs of the military departments and the Defense Agencies.
  (B) Coordination of high energy laser programs among the military departments and the Defense Agencies.
  (C) Identification of promising high energy laser technologies for which funding should be a high priority for the Department of Defense and establishment of priority for funding among those technologies.
  (D) Preparation, in coordination with the Secretaries of the military departments and the Directors of the Defense Agencies, of a detailed technology plan to develop and mature high energy laser technologies.
  (E) Planning and programming appropriate to rapid evolution of high energy laser technology.
  (F) Ensuring that high energy laser programs of each military department and the Defense Agencies are initiated and managed effectively and are complementary with programs managed by the other military departments and Defense Agencies and by the Office of the Secretary of Defense.
  (G) Ensuring that the high energy laser programs of the military department and the Defense Agencies comply with the requirements specified in subsection (c).
  (c) COORDINATION AND FUNDING BALANCE- In carrying out the responsibilities specified in subsection (b)(2), the designated official shall ensure that--
  (1) high energy laser programs of each military department and of the Defense Agencies are consistent with the priorities identified in the designated official's planning and programming activities;
  (2) funding provided by the Office of the Secretary of Defense for high energy laser research and development complements high energy laser programs for which funds are provided by the military departments and the Defense Agencies;
  (3) beginning with fiscal year 2002, funding from the Office of the Secretary of Defense in applied research and advanced technology development program elements is not applied to technology efforts in support of high energy laser programs that are not funded by a military department or the Defense Agencies; and
  (4) funding from the Office of the Secretary of Defense to complement an applied research or advanced technology development high energy laser program for which funds are provided by one of the military departments or the Defense Agencies do not exceed the amount provided by the military department or the Defense Agencies for that program.
  (d) SENSE OF THE CONGRESS- It is the sense of the Congress that--
  (1) the Department of Defense should establish funding for high energy laser programs within the science and technology programs of each of the military departments and the Ballistic Missile Defense Organization; and
  (2) the Secretary of Defense should establish a goal that basic, applied, and advanced research in high energy laser technology should constitute at least 4.5 percent of the total science and technology budget of the Department of Defense by fiscal year 2004.
  (e) INTERAGENCY MEMORANDUM OF AGREEMENT- (1) The Secretary of Defense and the Administrator for Nuclear Security of the Department of Energy shall enter into a memorandum of agreement to conduct joint research and development on military applications of high energy lasers.
  (2) The projects pursued under the memorandum of agreement--
  (A) shall be of mutual benefit to the national security programs of the Department of Defense and the National Nuclear Security Administration of the Department of Energy;
  (B) shall be prioritized jointly by officials designated to do so by the Secretary of Defense and the Administrator; and
  (C) shall be consistent with the technology plan prepared pursuant to subsection (b)(2) and the requirements identified in subsection (c).
  (3) Costs of each project pursued under the memorandum of agreement shall be shared equally by the Department of Defense and the National Nuclear Security Administration.
  (4) The memorandum of agreement shall provide for appropriate peer review of projects pursued under the memorandum of agreement.
  (f) TECHNOLOGY PLAN- The designated official shall submit to the congressional defense committees by February 15 of each fiscal year the technology plan prepared pursuant to subsection (b)(2). The report shall be submitted in unclassified and, if necessary, classified form.
  (g) ANNUAL REPORT- Not later than February 15 of 2001, 2002, and 2003, the Secretary of Defense shall submit to the congressional defense committees a report on high energy laser programs of the Department of Defense. Each report shall include an assessment of the following:
  (1) The adequacy of the management structure of the Department of Defense for high energy laser programs.
  (2) The funding available for high energy laser programs.
  (3) The technical progress achieved for high energy laser programs.
  (4) The extent to which goals and objectives of the high energy laser technology plan have been met.
  (h) DEFINITION- For purposes of this section, the term `high energy laser' means a laser that has average power in excess of one kilowatt and that has potential weapons applications.
SEC. 212. MANAGEMENT OF SPACE-BASED INFRARED SYSTEM--LOW.
  The Secretary of Defense shall direct that the Director of the Ballistic Missile Defense Organization shall have authority for program management for the ballistic missile defense program known on the date of the enactment of this Act as the Space-Based Infrared System--Low.
SEC. 213. JOINT STRIKE FIGHTER.
  The Joint Strike Fighter program may not be approved for entry into the Engineering and Manufacturing Development (EMD) stage of the acquisition process until the Secretary of Defense certifies to the congressional defense committees that the technological maturity of key technologies for the program is sufficient to warrant entry of the program into the Engineering and Manufacturing Development stage.
Subtitle C--Ballistic Missile Defense
SEC. 231. FUNDING FOR FISCAL YEAR 2001.
  Of the funds authorized to be appropriated in section 201(4), $2,066,200,000 shall be available for the National Missile Defense program.
SEC. 232. SENSE OF THE CONGRESS CONCERNING COMMITMENT TO DEPLOYMENT OF NATIONAL MISSILE DEFENSE SYSTEM.
  (a) STATEMENT OF POLICY- Congress reaffirms the policy of the United States declared in the National Missile Defense Act of 1999 (Public Law 106-38, signed into law by the President on July 22, 1999).
  (b) FINDINGS- Congress makes the following findings:
  (1) An effective National Missile Defense system is technologically feasible.
  (2) Hostile `rogue' nations are capable of posing missile threats the United States which justify deployment of a National Missile Defense system.
  (c) SENSE OF THE CONGRESS- It is the sense of the Congress that the action of the President in signing the National Missile Defense Act of 1999 entails a commitment by the President to execute the policy declared in that Act.
SEC. 233. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH KOREA.
  (a) REPORT ON BALLISTIC MISSILE THREAT- Not later than 2 weeks after the next flight test by North Korea of a long-range ballistic missile, or 60 days after the date of the enactment of this Act, whichever is sooner, the President shall submit to Congress, in classified and unclassified form, a report on the North Korean ballistic missile threat to the United States. The report shall include the following:
  (1) An assessment of the current North Korean missile threat to the United States.
  (2) An assessment of whether the United States is capable of defeating the North Korean long-range missile threat to the United States as of the date of the report.
  (3) An assessment of when the United States will be capable of defeating the North Korean missile threat to the United States.
  (4) An assessment of the potential for proliferation of North Korean missile technologies to other states and whether such proliferation will accelerate the development of additional long-range ballistic missile threats to the United States.
  (b) REPORT ON REDUCING VULNERABILITY- Not later than 2 weeks after the next flight test by North Korea of a long-range ballistic missile, the President shall submit to Congress a report providing the following:
  (1) Any additional steps the President intends to take to reduce the period of time during which the Nation is vulnerable to the North Korean long-range ballistic missile threat.
  (2) The technical and programmatic viability of testing any other missile defense systems against targets with flight characteristics similar to the North Korean long-range missile threat, and plans to do so if such tests are considered to be a viable alternative.
  (c) DEFINITION- For purposes of this section, the term `United States', when used in a geographic sense, means the 50 States, the District of Columbia, and any Commonwealth, territory, or possession of the United States.
SEC. 234. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE ARCHITECTURE TO COVER INTERMEDIATE-RANGE BALLISTIC MISSILE THREATS.
  (a) PLAN- The Director of the Ballistic Missile Defense Organization shall develop a plan to adapt ballistic missile defense systems and architectures to counter potential threats to the United States, United States forces deployed outside the United States, and other United States national security interests that are posed by ballistic missiles with ranges of 1,500 to 2,500 miles.
  (b) USE OF SPACE-BASED SENSORS INCLUDED- The plan shall include--
  (1) potential use of space-based sensors, including the SBIRS Low and SBIRS High systems, Navy theater missile defense assets, upgrades of land-based theater missile defenses, the airborne laser, and other assets available in the European theater; and
  (2) a schedule for ground and flight testing against the identified threats.
  (c) REPORT- The Secretary of Defense shall assess the plan and, not later than February 15, 2001, shall submit to the congressional defense committees a report on the results of the assessment.
SEC. 235. DESIGNATION OF AIRBORNE LASER PROGRAM AS A PROGRAM ELEMENT OF BALLISTIC MISSILE DEFENSE PROGRAM.
  Section 223(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
  `(13) Airborne Laser program.'.
Subtitle D--Other Matters
SEC. 241. RECOGNITION OF THOSE INDIVIDUALS INSTRUMENTAL TO NAVAL RESEARCH EFFORTS DURING THE PERIOD FROM BEFORE WORLD WAR II THROUGH THE END OF THE COLD WAR.
  (a) FINDINGS- Congress makes the following findings:
  (1) The contributions of the Nation's scientific community and of science research to the victory of the United States and its allies in World War II resulted in the understanding that science and technology are of critical importance to the future security of the Nation.
  (2) Academic institutions and oceanographers provided vital support to the Navy and the Marine Corps during World War II.
  (3) Congress created the Office of Naval Research in the Department of the Navy in 1946 to ensure the availability of resources for research in oceanography and other fields related to the missions of the Navy and Marine Corps.
  (4) The Office of Naval Research of the Department of the Navy, in addition to its support of naval research within the Federal Government, has also supported the conduct of oceanographic and scientific research through partnerships with educational and scientific institutions throughout the Nation.
  (5) These partnerships have long been recognized as among the most innovative and productive research partnerships ever established by the Federal Government and have resulted in a vast improvement in understanding of basic ocean processes and the development of new technologies critical to the security and defense of the Nation.
  (b) CONGRESSIONAL RECOGNITION AND APPRECIATION- Congress--
  (1) applauds the commitment and dedication of the officers, scientists, researchers, students, and administrators who were instrumental to the program of partnerships for oceanographic and scientific research between the Federal Government and academic institutions, including those individuals who helped forge that program before World War II, implement it during World War II, and improve it throughout the Cold War;
  (2) recognizes that the Nation, in ultimately prevailing in the Cold War, relied to a significant extent on research supported by, and technologies developed through, those partnerships and, in particular, on the superior understanding of the ocean environment generated through that research;
  (3) supports efforts by the Secretary of the Navy and the Chief of Naval Research to honor those individuals, who contributed so greatly and unselfishly to the naval mission and the national defense, through those partnerships during the period beginning before World War II and continuing through the end of the Cold War; and
  (4) expresses appreciation for the ongoing efforts of the Office of Naval Research to support oceanographic and scientific research and the development of researchers in those fields, to ensure that such partnerships will continue to make important contributions to the defense and the general welfare of the Nation.
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 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, $19,492,617,000.
  (2) For the Navy, $23,321,809,000.
  (3) For the Marine Corps, $2,851,678,000.
  (4) For the Air Force, $22,351,164,000.
  (5) For Defense-wide activities, $11,673,852,000.
  (6) For the Army Reserve, $1,565,918,000.
  (7) For the Naval Reserve, $967,646,000.
  (8) For the Marine Corps Reserve, $150,469,000.
  (9) For the Air Force Reserve, $1,890,859,000.
  (10) For the Army National Guard, $3,236,835,000.
  (11) For the Air National Guard, $3,461,875,000.
  (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, $55,800,000.
  (20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $841,500,000.
  (21) For the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, $25,000,000.
  (22) For Defense Health Program, $11,571,523,000.
  (23) For Cooperative Threat Reduction programs, $433,400,000.
  (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 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, $737,109,000.
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. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
  (a) TRANSFER AUTHORITY- To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to operation and maintenance accounts for fiscal year 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.
  (c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfer authority provided in this section is in addition to the transfer authority provided in section 1001.
Subtitle B--Environmental Provisions
SEC. 311. PAYMENT OF FINES AND PENALTIES IMPOSED FOR ENVIRONMENTAL VIOLATIONS.
  (a) ARMY VIOLATIONS- Using amounts authorized to be appropriated by section 301(1) for operation and maintenance for the Army, the Secretary of the Army may pay the following amounts in connection with environmental violations at the following locations:
  (1) $993,000 for Walter Reed Army Medical Center, Washington, D.C., in satisfaction of a fine imposed by Region 3 of the Environmental Protection Agency for a supplemental environmental project.
  (2) $377,250 for Fort Campbell, Kentucky, in satisfaction of a fine imposed by Region 4 of the Environmental Protection Agency for a supplemental environmental project.
  (3) $20,701 for Fort Gordon, Georgia, in satisfaction of a fine imposed by the State of Georgia for a supplemental environmental project.
  (4) $78,500 for Pueblo Chemical Depot, Colorado, in satisfaction of a fine imposed by the State of Colorado for supplemental environmental projects.
  (5) $20,000 for Deseret Chemical Depot, Utah, in satisfaction of a fine imposed by the State of Utah for a supplemental environmental project.
  (b) NAVY VIOLATIONS- Using amounts authorized to be appropriated by section 301(2) for operation and maintenance for the Navy, the Secretary of the Navy may pay not more than the following amounts in connection with environmental violations at the following military installations:
  (1) $108,800 for Allegany Ballistics Laboratory, West Virginia, in satisfaction of a penalty imposed by the West Virginia Division of Environmental Protection.
  (2) $5,000 for Naval Air Station, Corpus Christi, Texas, in satisfaction of a penalty imposed by Region 6 of the Environmental Protection Agency.
  (c) REDUCTION IN PAYMENT AMOUNTS- An amount specified in subsection (a) or (b) as the authorized payment for an environmental violation shall be reduced to reflect any amounts previously paid by the Secretary concerned in connection with that violation.
SEC. 312. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO PROTECT NATIONAL SECURITY AND ENHANCE MILITARY READINESS.
  (a) NECESSITY OF CURRENT TRAINING ROUTES AND AREAS- The environmental impact statements completed as of the date of the enactment of this Act for each special use airspace designated by a military department for the performance of low-level training flights, including each military training route, slow speed route, military operations area, restricted area, or low altitude tactical navigation area, are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations implementing such law for such special use airspace and the use of such special use airspace established in such environmental impact statements.
  (b) PROTECTING FUTURE FLEXIBILITY FOR LOW-LEVEL FLIGHT TRAINING- On and after the date of the enactment of this Act, a proposal by a military department to establish or to expand or otherwise modify a special use airspace for low-level training flights shall be considered separately to determine whether the proposal is a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969.
SEC. 313. USE OF ENVIRONMENTAL RESTORATION ACCOUNTS TO RELOCATE ACTIVITIES FROM DEFENSE ENVIRONMENTAL RESTORATION SITES.
  Subsection (b) of section 2703 of title 10, United States Code, is amended to read as follows:
  `(b) OBLIGATION OF AUTHORIZED AMOUNTS- (1) Funds authorized for deposit in an account under subsection (a) may be obligated or expended from the account only--
  `(A) to carry out the environmental restoration functions of the Secretary of Defense and the Secretaries of the military departments under this chapter and under any other provision of law; and
  `(B) to relocate activities from defense sites, including sites formerly used by the Department of Defense that are released from Federal Government control, at which the Secretary is responsible for environmental restoration functions.
  `(2) The authority provided by paragraph (1)(B) expires September 30, 2003. Not more than 5 percent of the funds deposited in an account under subsection (a) for a fiscal year may be used for activities under paragraph (1)(B).
  `(3) If relocation assistance under paragraph (1)(B) is to be provided with respect to a site formerly used by the Department of Defense, but now released from Federal Government control, the Secretary of Defense or the Secretary of the military department concerned may use only fund transfer mechanisms otherwise available to the Secretary. The Secretary may not provide assistance under such paragraph for permanent relocation from the affected site unless the Secretary determines that permanent relocation is the most cost effective method of dealing with the activities located at the affected site and notifies the Congress of the determination before providing the assistance.
  `(4) Funds authorized for deposit in an account under subsection (a) shall remain available until expended.'.
SEC. 314. FINDINGS AND SENSE OF THE CONGRESS REGARDING ENVIRONMENTAL RESTORATION OF FORMER DEFENSE MANUFACTURING SITE, SANTA CLARITA, CALIFORNIA.
  (a) FINDINGS- The Congress finds the following:
  (1) A former private sector munitions plant may have demonstratively impacted the environment of a 1,000-acre site in Santa Clarita, California.
  (2) Munitions and rocket propellant manufactured at this site for over 60 years may have contributed to various contaminants including, but not limited to, perchlorates and various volatile organic compounds.
  (3) The munitions plant used materials and production methods in support of purchase orders from the Department of Defense to meet the national security interests of the United States at the time.
  (4) The Santa Clarita site serves a unique role in the future of the community and is the cornerstone to many public benefits, including reduction in transportation congestion, access to much-needed schools, future local government centers, assurance of quality drinking water, more than 400 acres of public space, and affordable housing.
  (b) SENSE OF THE CONGRESS- It is the sense of the Congress that--
  (1) every effort should be made to apply all known public and private sector innovative technologies to restore the Santa Clarita site to productive use; and
  (2) the experience gained from this site by the private and public sector partnerships has the potential to pay dividends many times over.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 321. USE OF APPROPRIATED FUNDS TO COVER OPERATING EXPENSES OF COMMISSARY STORES.
  (a) IN GENERAL- (1) Section 2484 of title 10, United States Code, is amended to read as follows:
`Sec. 2484.  Commissary stores: use of appropriated funds to cover operating expenses
  `(a) OPERATION OF AGENCY AND SYSTEM- Except as otherwise provided in this title, the operation of the Defense Commissary Agency and the defense commissary system may be funded using such amounts as are appropriated for such purpose.
  `(b) OPERATING EXPENSES OF COMMISSARY STORES- Appropriated funds may be used to cover the expenses of operating commissary stores and central product processing facilities of the defense commissary system. For purposes of this subsection, operating expenses include the following:
  `(1) Salaries of employees of the United States, host nations, and contractors supporting commissary store operations.
  `(2) Utilities.
  `(3) Communications.
  `(4) Operating supplies and services.
  `(5) Second destination transportation costs within or outside the United States.
  `(6) Any cost associated with above-store level management or other indirect support of a commissary store or a central product processing facility, including equipment maintenance and information technology costs.'.
  (2) The table of sections at the beginning of chapter 147 of such title is amended by striking the item relating to section 2484 and inserting the following new item:
`2484.  Commissary stores: use of appropriated funds to cover operating expenses.'.
  (b) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2001.
SEC. 322. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE GOODS AND SERVICES TO COVER CERTAIN EXPENSES.
  (a) ADJUSTMENT REQUIRED- Section 2486 of title 10, United States Code, is amended--
  (1) in subsection (c), by striking `section 2484(b) or' and inserting `subsection (d) or section'; and
  (2) in subsection (d)--
  (A) in paragraph (1), by striking `sections 2484 and' and inserting `section'; and
  (B) by adding at the end the following new paragraph:
  `(3) The sales price of merchandise and services sold in, at, or by commissary stores shall be adjusted to cover the following:
  `(A) The cost of first destination commercial transportation of the merchandise in the United States to the place of sale.
  `(B) The actual or estimated cost of shrinkage, spoilage, and pilferage of merchandise under the control of commissary stores.'.
  (b) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2001.
SEC. 323. USE OF SURCHARGES FOR CONSTRUCTION AND IMPROVEMENT OF COMMISSARY STORES.
  (a) EXPANSION OF AUTHORIZED USES- Subsection (b) of section 2685 of title 10, United States Code, is amended to read as follows:
  `(b) USE FOR CONSTRUCTION, REPAIR, IMPROVEMENT, AND MAINTENANCE- (1) The Secretary of Defense may use the proceeds from the adjustments or surcharges authorized by subsection (a) only--
  `(A) to acquire (including acquisition by lease), construct, convert, expand, improve, repair, maintain, and equip the physical infrastructure of commissary stores and central product processing facilities of the defense commissary system; and
  `(B) to cover environmental evaluation and construction costs, including surveys, administration, overhead, planning, and design, related to activities described in paragraph (1).
  `(2) In paragraph (1), the term `physical infrastructure' includes real property, utilities, and equipment (installed and free standing and including computer equipment), necessary to provide a complete and usable commissary store or central product processing facility.'.
  (b) AUTHORITY OF SECRETARY OF DEFENSE- Such section is further amended--
  (1) in subsection (a), by striking `Secretary of a military department, under regulations established by him and approved by the Secretary of Defense,' and inserting `Secretary of Defense';
  (2) in subsection (c)--
  (A) by striking `Secretary of a military department, with the approval of the Secretary of Defense and' and inserting `Secretary of Defense, with the approval of'; and
  (B) by striking `Secretary of the military department determines' and inserting `Secretary determines'; and
  (3) in subsection (d), by striking `Secretary of a military department' and inserting `Secretary of Defense'.
  (c) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on October 1, 2001.
SEC. 324. INCLUSION OF MAGAZINES AND OTHER PERIODICALS AS AN AUTHORIZED COMMISSARY MERCHANDISE CATEGORY.
  (a) ADDITIONAL AUTHORIZED CATEGORY- Subsection (b) of section 2486 of title 10, United States Code, is amended--
  (1) by redesignating paragraph (11) as paragraph (12); and
  (2) by inserting after paragraph (10) the following new paragraph:
  `(11) Magazines and other periodicals.'.
  (b) CONFORMING AMENDMENTS- Subsection (f) of such section is amended--
  (1) by striking `(1)' before `Notwithstanding';
  (2) by striking `items in the merchandise categories specified in paragraph (2)' and inserting `tobacco products'; and
  (3) by striking paragraph (2).
SEC. 325. USE OF MOST ECONOMICAL DISTRIBUTION METHOD FOR DISTILLED SPIRITS.
  Section 2488(c) of title 10, United States Code, is amended--
  (1) by striking paragraph (2); and
  (2) by redesignating paragraph (3) as paragraph (2).
SEC. 326. REPORT ON EFFECTS OF AVAILABILITY OF SLOT MACHINES ON UNITED STATES MILITARY INSTALLATIONS OVERSEAS.
  (a) REPORT REQUIRED- Not later than March 31, 2001, the Secretary of Defense shall submit to Congress a report evaluating the effect that the ready availability of slot machines as a morale, welfare, and recreation activity on United States military installations outside of the United States has on members of the Armed Forces, their dependents, and other persons who use such slot machines, the morale of military communities overseas, and the personal financial stability of members of the Armed Forces.
  (b) MATTERS TO BE INCLUDED- The Secretary shall include in the report--
  (1) an estimate of the number of persons who used such slot machines during the preceding 2 years and, of such persons, the percentage who were enlisted members (shown both in the aggregate and by pay grade), officers (shown both in the aggregate and by pay grade), Department of Defense civilians, other United States persons, and foreign nationals;
  (2) to the extent feasible, information with respect to military personnel referred to in paragraph (1) showing the number (as a percentage and by pay grade) who have--
  (A) sought financial services counseling at least partially due to the use of such slot machines;
  (B) qualified for Government financial assistance at least partially due to the use of such slot machines; or
  (C) had a personal check returned for insufficient funds or received any other nonpayment notification from a creditor at least partially due to the use of such slot machines; and
  (3) to the extent feasible, information with respect to the average amount expended by each category of persons referred to in paragraph (1) in using such slot machines per visit, to be shown by pay grade in the case of military personnel.
Subtitle D--Performance of Functions by Private-Sector Sources
SEC. 331. INCLUSION OF ADDITIONAL INFORMATION IN REPORTS TO CONGRESS REQUIRED BEFORE CONVERSION OF COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR PERFORMANCE.
  (a) INFORMATION REQUIRED BEFORE COMMENCEMENT OF CONVERSION ANALYSIS- Subsection (b)(1)(D) of section 2461 of title 10, United States Code, is amended by inserting before the period the following: `, and a certification that funds are specifically budgeted to pay for the cost of the analysis'.
  (b) INFORMATION REQUIRED IN NOTIFICATION OF DECISION- Subsection (c)(1) of such section is amended--
  (1) by redesignating subparagraphs (A), (B), (C), (D), and (E) as subparagraphs (B), (C), (D), (F), and (G), respectively;
  (2) by inserting before subparagraph (B), as so redesignated, the following new subparagraph:
  `(A) The date when the analysis of that commercial or industrial type function for possible change to performance by the private sector was commenced.'; and
  (3) by inserting after subparagraph (D), as so redesignated, the following new subparagraph:
  `(E) The number of Department of Defense civilian employees who were performing the function when the analysis was commenced and the number of such employees whose employment was terminated or otherwise adversely affected in implementing the most efficient organization of the function or whose employment will be terminated or otherwise adversely affected by the change to performance of the function by the private sector.'.
SEC. 332. LIMITATION ON USE OF FUNDS FOR NAVY MARINE CORPS INTRANET CONTRACT.
  (a) IN GENERAL- None of the funds authorized to be appropriated for fiscal year 2001 for the Department of the Navy may be obligated or expended to carry out a Navy Marine Corps Intranet contract until the date that is 60 days after the date that the Secretary submits to Congress the following information:
  (1) Outcome-oriented performance measures regarding such contract.
  (2) A description of the alternatives considered to such contract, and the factors relied on in determining not to pursue such alternatives.
  (3) A description of the baseline of current costs to the Department of the Navy for performing information technology services that would be carried out under such contract and current mission capability regarding such services.
  (4) An analysis of how civilian and military personnel who currently perform information technology functions would be impacted by such contract, including a description of--
  (A) the number such personnel currently performing such functions at the Echelon I level;
  (B) the number of such personnel who would no longer perform such functions as a result of the Navy Marine Corps Intranet contract, and what functions such personnel would perform after the implementation of such contract; and
  (C) whether a reduction in force would be necessary as a result of such contract.
  (5) A complete funding profile with respect to such contract, including a description of--
  (A) the amount of funds obligated or expended in fiscal years 1999 and 2000 for information technology at the Echelon I level, and from what accounts such funds were obligated or expended; and
  (B) the accounts from which funds would be used for the purpose of carrying out a Navy Marine Corps Intranet contract in fiscal year 2001 and throughout the period of the future-years defense plan of the Department of Defense.
  (6) A risk assessment which--
  (A) describes the probability of achieving cost, schedule, and performance goals with respect to such contract;
  (B) categorizes all identified risks in terms of the likelihood of occurrence and potential impact of such risks; and
  (C) establishes a plan for mitigation of each risk that is identified as of high importance.
  (7) A certification that, beginning in fiscal year 2002, the Department of the Navy will comply with the requirements in OMB Circular A-11.
  (b) GAO REPORT- In any case in which the Secretary of the Navy submits to Congress the information described in subsection (a), not later than 60 days after the date that the Secretary submits such information the Comptroller General shall review and submit a report on the information to the congressional defense committees.
  (c)  NAVY MARINE CORPS INTRANET CONTRACT DEFINED- In this section, the term `Navy Marine Corps Intranet contract' means a long-term arrangement with the commercial sector that transfers the responsibility and risk for providing and managing the vast majority of desktop, server, infrastructure, and communication assets and services of the Department of the Navy.
Subtitle E--Defense Dependents Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
  (a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR FISCAL YEAR 2001- Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing educational agencies assistance (as defined in subsection (d)(1)) to local educational agencies.
  (b) NOTIFICATION- Not later than June 30, 2001, the Secretary of Defense shall notify each local educational agency that is eligible for educational agencies assistance for fiscal year 2001 of--
  (1) that agency's eligibility for educational agencies assistance; and
  (2) the amount of the educational agencies assistance for which that agency is eligible.
  (c) DISBURSEMENT OF FUNDS- The Secretary of Defense shall disburse funds made available under subsection (a) not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (b).
  (d) DEFINITIONS- In this section:
  (1) The term `educational agencies assistance' means assistance authorized under section 386(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note).
  (2) The term `local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 342. ELIGIBILITY FOR ATTENDANCE AT DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
  Section 2164(c) of title 10, United States Code, is amended--
  (1) in the subsection heading, by inserting `AND OTHER PERSONS' after `EMPLOYEES'; and
  (2) by adding at the end the following new paragraph:
  `(3)(A) The Secretary may authorize the dependent of an American Red Cross employee described in subparagraph (B) to enroll in an education program provided by the Secretary pursuant to subsection (a) if the American Red Cross agrees to reimburse the Secretary for the educational services so provided.
  `(B) An employee referred to in subparagraph (A) is an American Red Cross employee who--
  `(i) resides in Puerto Rico; and
  `(ii) performs, on a full-time basis, emergency services on behalf of members of the armed forces.
  `(C) Amounts received under this paragraph as reimbursement for educational services shall be treated in the same manner as amounts received under subsection (g).'.
Subtitle F--Military Readiness Issues
SEC. 351. ADDITIONAL CAPABILITIES OF, AND REPORTING REQUIREMENTS FOR, THE READINESS REPORTING SYSTEM.
  (a) MEASURING CANNIBALIZATION OF PARTS, SUPPLIES, AND EQUIPMENT- Subsection (c) of section 117 of title 10, United States Code, is amended by adding at the end the following new paragraph:
  `(7) Measure, on a quarterly basis, the extent to which units of the armed forces remove serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational.'.
  (b) FUNDING TO ADDRESS DEFICIENCIES- Subsection (e) of such section is amended--
  (1) by inserting `(1)' before `The Secretary';
  (2) by striking `Each such report' and inserting the following:
  `(3) Each report under this subsection'; and
  (3) by inserting after the first sentence the following new paragraph:
  `(2) The monthly report submitted under paragraph (1) that covers the first quarter of the then current fiscal year shall also include a description of the funding proposed in the President's budget for the next fiscal year, and for the subsequent fiscal years covered by the most recent future-years defense program submitted under section 221 of this title, to address each deficiency in readiness identified during the joint readiness review conducted for the first quarter of the current fiscal year.'.
SEC. 352. REPORTING REQUIREMENTS REGARDING TRANSFERS FROM HIGH-PRIORITY READINESS APPROPRIATIONS.
  (a) CONTINUATION OF REPORTING REQUIREMENTS- Section 483 of title 10, United States Code, is amended by striking subsection (e).
  (b) LEVEL OF DETAIL- Subsection (c)(2) of such section is amended by inserting before the period the following: `, including identification of the sources from which funds were transferred into that activity and identification of the recipients of the funds transferred out of that activity'.
  (c) ADDITIONAL COVERED BUDGET ACTIVITIES- Subsection (d)(5) of such section is amended by adding at the end the following new subparagraphs:
  `(G) Combat Enforcement Forces.
  `(H) Combat Communications.'.
SEC. 353. DEPARTMENT OF DEFENSE STRATEGIC PLAN TO REDUCE BACKLOG IN MAINTENANCE AND REPAIR OF DEFENSE FACILITIES.
  (a) PLAN REQUIRED- Section 2661 of title 10, United States Code, is amended by adding at the end the following new subsection:
  `(c) PLAN TO ADDRESS MAINTENANCE AND REPAIR BACKLOG- (1) The Secretary of Defense shall develop, and update annually thereafter, a strategic plan to reduce the backlog in maintenance and repair needs of facilities and infrastructure under the jurisdiction of the Department of Defense or a military department. At a minimum, the plan shall include or address the following:
  `(A) A comprehensive strategy for the repair and revitalization of facilities and infrastructure, or for the demolition and replacement of unusable facilities, carried as backlog by the Secretary concerned.
  `(B) Measurable goals, over specified time frames, for achieving the objectives of the strategy.
  `(C) Expected funding for each military department and Defense Agency to carry out the strategy during the period covered by the most recent future-years defense program submitted to Congress pursuant to section 221 of this title.
  `(D) The cost of the current backlog in maintenance and repair for each military department and Defense Agency, which shall be determined using the standard costs to standard facility categories in the Department of Defense Facilities Cost Factors Handbook, shown both in the aggregate and individually for each major military installation.
  `(E) The total number of square feet of building space of each military department and Defense Agency to be demolished or proposed for demolition under the plan, shown both in the aggregate and individually for each major military installation.
  `(F) The initiatives underway to identify facility and infrastructure requirements at military installation to accommodate new and developing weapons systems and to prepare installations to accommodate these systems.
  `(2) Not later than March 15, 2001, the Secretary shall submit the strategic plan to Congress. The annual updates shall be submitted to Congress each year at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31.'.
  (b) STYLISTIC AMENDMENTS- Such section is further amended--
  (1) in subsection (a), by inserting `AVAILABILITY OF OPERATION AND MAINTENANCE FUNDS- ' after `(a)'; and
  (2) in subsection (b), by inserting `GENERAL LEASING AUTHORITY; MAINTENANCE OF DEFENSE ACCESS ROADS- ' after `(b)'.
Subtitle G--Other Matters
SEC. 361. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT MILITARY EQUIPMENT FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE.
  (a) AUTHORITY TO REQUIRE DEMILITARIZATION AFTER DISPOSAL- Chapter 153 of title 10, United States Code, is amended by inserting after section 2572 the following new section:
`Sec. 2573. Significant military equipment: continued authority to require demilitarization after disposal
  `(a) AUTHORITY TO REQUIRE DEMILITARIZATION- The Secretary of Defense may require any person in possession of significant military equipment formerly owned by the Department of Defense--
  `(1) to demilitarize the equipment;
  `(2) to have the equipment demilitarized by a third party; or
  `(3) to return the equipment to the Government for demilitarization.
  `(b) COST AND VALIDATION OF DEMILITARIZATION- When the demilitarization of significant military equipment is carried out by the person in possession of the equipment pursuant to paragraph (1) or (2) of subsection (a), the person shall be solely responsible for all demilitarization costs, and the United States shall have the right to validate that the equipment has been demilitarized.
  `(c) RETURN OF EQUIPMENT TO GOVERNMENT- When the Secretary of Defense requires the return of significant military equipment for demilitarization by the Government, the Secretary shall bear all costs to transport and demilitarize the equipment. If the person in possession of the significant military equipment obtained the property in the manner authorized by law or regulation and the Secretary determines that the cost to demilitarize and return the property to the person is prohibitive, the Secretary shall reimburse the person for the purchase cost of the property and for the reasonable transportation costs incurred by the person to purchase the equipment.
  `(d) ESTABLISHMENT OF DEMILITARIZATION STANDARDS- The Secretary of Defense shall prescribe by regulation what constitutes demilitarization for each type of significant military equipment.
  `(e) EXCEPTION FOR GOVERNMENT CONTRACTS- This section does not apply when a person is in possession of significant military equipment formerly owned by the Department of Defense for the purpose of demilitarizing the equipment pursuant to a Government contract.
  `(f) DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT- In this section, the term `significant military equipment' means--
  `(1) an article for which special export controls are warranted under the Arms Export Control Act (22 U.S.C. 2751 et seq.) because of its capacity for substantial military utility or capability, as identified on the United States Munitions List maintained under section 121.1 of title 22, Code of Federal Regulations; and
  `(2) any other article designated by the Department of Defense as requiring demilitarization before its disposal.'.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2572 the following new item:
`2573. Significant military equipment: continued authority to require demilitarization after disposal.'.
SEC. 362. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY EQUIPMENT IDENTIFIED ON UNITED STATES MUNITIONS LIST.
  (a) ANNUAL REPORT REQUIRED- Chapter 153 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2582. Military equipment identified on United States munitions list: annual report of public sales
  `(a) REPORT REQUIRED- The Secretary of Defense shall prepare an annual report identifying each public sale conducted by a military department or Defense Agency of military items that are--
  `(1) identified on the United States Munitions List maintained under section 121.1 of title 22, Code of Federal Regulations; and
  `(2) assigned a demilitarization code of `B' or its equivalent.
  `(b) ELEMENTS OF REPORT- (1) A report under this section shall cover all public sales described in subsection (a) that were conducted during the preceding fiscal year.
  `(2) The report shall specify the following for each sale:
  `(A) The date of the sale.
  `(B) The military department or Defense Agency conducting the sale.
  `(C) The manner in which the sale was conducted.
  `(D) The military items described in subsection (a) that were sold or offered for sale.
  `(E) The purchaser of each item.
  `(F) The stated end-use of each item sold.
  `(c) SUBMISSION OF REPORT- Not later than March 31 of each year, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate the report required by this section for the preceding fiscal year.'.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`2582. Military equipment identified on United States munitions list: annual report of public sales.'.
SEC. 363. REGISTRATION OF CERTAIN INFORMATION TECHNOLOGY SYSTEMS WITH CHIEF INFORMATION OFFICER.
  (a) REGISTRATION REQUIRED- During fiscal years 2001, 2002, and 2003, no funds available to the Department of Defense may be used for a mission critical or mission essential information technology system (including a system funded by the defense working capital fund) that is not registered with the Chief Information Officer of the Department of Defense.
  (b) MANNER OF REGISTRATION- A system shall be considered to be registered with the Chief Information Officer upon the furnishing to that officer of notice of the system, together with such information concerning the system as the Secretary of Defense may prescribe.
  (c) QUARTERLY UPDATES- In the case of each information technology system registered pursuant to this section, the information required under subsection (b) to be submitted as part of the registration shall be updated on not less than a quarterly basis.
  (d) COVERED INFORMATION TECHNOLOGY SYSTEMS- An information technology system shall be considered to be a mission critical or mission essential information technology system for purposes of this section as defined by the Secretary of Defense.
  (e) DEFINITIONS- For purposes of this section:
  (1) The term `Chief Information Officer' means the senior official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United States Code.
  (2) The term `information technology system' has the meaning given the term `information technology' in section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
SEC. 364. STUDIES AND REPORTS REQUIRED AS PRECONDITION TO CERTAIN MANPOWER REDUCTIONS.
  (a) REQUIRED STUDIES AND REPORTS- Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2475. Consolidation of functions or activities and reengineering or restructuring of organizations, functions, or activities: required studies and reports before manpower reductions
  `(a) REPORTING AND ANALYSIS REQUIREMENTS AS PRECONDITION TO MANPOWER REDUCTIONS- The Secretary of Defense may not initiate manpower reductions at organizations or activities, or within functions, that are commercial, commercial exempt from competition, military essential, or inherently governmental until the Secretary fully complies with the reporting and analysis requirements specified in subsections (b) and (c).
  `(b) NOTIFICATION AND ELEMENTS OF ANALYSIS- Before commencing to analyze any commercial, commercial exempt from competition, military essential, or inherently governmental organization, function, or activity for the consolidation, restructuring, or reengineering of military personnel or Department of Defense civilian employees, the Secretary of Defense shall submit to Congress a report containing the following:
  `(1) The organization, function, or activity to be analyzed for possible consolidation, restructuring, or reengineering.
  `(2) The location or locations at which military personnel or Department of Defense civilian employees would be affected.
  `(3)  The number of military personnel or Department of Defense civilian employee positions potentially affected.
  `(4)  A description of the organization, function, or activity to be analyzed for possible consolidation, restructuring, or reengineering, including a description of all missions, duties, or military requirements that might be affected.
  `(5)  An examination of the cost incurred by the Department of Defense to perform the function or to operate the organization or activity that will be analyzed.
  `(6)  A certification that a proposed consolidation, restructuring, or reengineering of a commercial, commercial exempt from competition, military essential, or inherently governmental organization, function, or activity is not a result of a decision by an official of a military department or Defense Agency to impose predetermined constraints or limitations on the number of military personnel or Department of Defense civilian employees.
  `(c) NOTIFICATION OF DECISION- If, as a result of the completion of an analysis carried out consistent with the requirements of subsection (b), a decision is made to consolidate, restructure, or reengineer an organization, function, or activity, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report describing that decision. The report shall contain the following:
  `(1)  The Secretary's certification that the consolidation, restructuring, or reengineering that was analyzed will yield savings to the Department of Defense.
  `(2)  A projection of the savings that will be realized as a result of the consolidation, restructuring, or reengineering, compared with the cost incurred by the Department of Defense to perform the function or to operate the organization or activity prior to such proposed consolidation, restructuring, or reengineering.
  `(3)  A description of all missions, duties, or military requirements that will be affected as a result of the decision to consolidate, restructure, or reengineer the organization, function, or activity that was analyzed.
  `(4)  The Secretary's certification that the consolidation, restructuring or reengineering will not result in any diminution of military readiness.
  `(5)  A schedule for performing the consolidation, restructuring or reengineering.
  `(6)  The Secretary's certification that the entire analysis is available for examination.
  `(d) DELEGATION- The responsibility to prepare reports under subsections (b) and (c) may be delegated only to the Deputy Under Secretary of Defense for Installations.
  `(e) COMMENCEMENT; WAIVER FOR SMALL FUNCTIONS- (1) The consolidation, restructuring, or reengineering of an organization, function, or activity for which a report is required under subsection (c) shall not begin until at least 45 days after the submission of the report to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate.
  `(2) Subsection (c) shall not apply to a consolidation, restructuring, or reengineering that will result in the elimination of 10 or fewer military or Department of Defense civilian employee positions.
  `(f) COMPTROLLER GENERAL REVIEW- Not later than March 1 of each year, the Comptroller General shall submit to Congress a report reviewing decisions taken by the Secretary of Defense to consolidate, restructure, or reengineer organizations, functions, or activities during the previous year and assessing the Secretary's compliance with this section.  The report shall include a detailed assessment by the Comptroller General of whether the savings projected by the Secretary to result from such decisions are likely to be realized, and whether any decision taken by the Secretary is likely to result in a diminution of military readiness.  The report shall also include detailed audits of selected analyses performed by the Secretary or to an official in the Office of the Secretary of Defense senior to that Deputy Under Secretary.
  `(g) RELATION TO OTHER LAW- Nothing in this section shall be construed to obviate the requirements set forth in section 1597 of this title.'.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`2475. Consolidation of functions or activities and reengineering or restructuring of organizations, functions, or activities: required studies and reports before manpower reductions.'.
SEC. 365. NATIONAL GUARD ASSISTANCE FOR CERTAIN YOUTH AND CHARITABLE ORGANIZATIONS.
  Section 508 of title 32, United States Code, is amended--
  (1) in subsection (b)(2), by inserting `or any other youth or charitable organization designated by the Secretary of Defense' after `Special Olympics'; and
  (2) in subsection (d)(1)--
  (A) by redesignating paragraph (14) as paragraph (15); and
  (B) by inserting after paragraph (13) the following new paragraph (14):
  `(14) Reach For Tomorrow.'.
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:
  (1) The Army, 480,000.
  (2) The Navy, 372,642.
  (3) The Marine Corps, 172,600.
  (4