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United States · Law · HR

H.R. 4205 (106th)

Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001

enactedUnited States· United States Congress· EN

Introduced

6 April 2000

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Status

Became Public Law No: 106-398.

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6 June 2025

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Summary

National Defense Authorization Act for Fiscal Year 2001 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2001 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. (Sec. 104) Authorizes appropriations for FY 2001 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear procurement contracts for the M2A3 Bradley Fighting Vehicle, the UH/60-CH/60 helicopter, and the DDG-51 (destroyer). Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 2001 for the armed forces for research, development, test, and evaluation. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2001 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 2001 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home. (Sec. 304) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified military O&M accounts for FY 2001. Subtitle B: Environmental Provisions - Authorizes the Secretary of Defense (Secretary) to reimburse the Environmental Protection Agency (EPA) a specified amount for certain removal costs connected with the former Nansemond Ordnance Depot Site in Suffolk, Virginia. (Sec. 312) Authorizes the Secretary of the military department concerned (Secretary concerned) to pay certain fines and penalties imposed by the EPA or a State in connection with environmental violations at specified sites. Subtitle C: Other Matters - Authorizes the Secretary of the Air Force to issue regulations requiring payment by civil air carriers for certain air and landing support provided at Johnston Atoll. (Sec. 322) Authorizes the Secretary, upon request from a department Secretary or defense agency director, to transfer excess titanium sponge from the National Defense Stockpile for use in manufacturing defense equipment. (Sec. 323) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to extend through FY 2003 a pilot program for the acceptance and use of landing fees charged for the use of military airfields by civil aircraft. Extends a required implementation report date. (Sec. 324) Repeals a provision requiring a nonappropriated fund instrumentality to be considered as the most economical method of distribution of covered alcoholic beverages for resale on a military installation if the use of a private distributor would subject such beverages to direct or indirect State taxation. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 2001. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 2001 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 2001 for military technicians. (Sec. 414) Increases the number of certain officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Exempts from the active-duty end strength limitation those members of the reserve: (1) or National Guard serving on active duty to prepare for and perform military funeral honor functions; and (2) on active duty for 181 days or more to perform special work in support of the armed forces and combatant commands. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes the Secretary of the Air Force to retain Medical Service Corps officers beyond the normal required retirement age. Withdraws the authority to so retain veterinary officers. (Sec. 503) Provides for the release to the military department concerned of the names of officers considered for promotion to a grade below brigadier general or rear admiral (lower half) upon transmittal to the President of the report of such selection board. Subtitle B: Reserve Component Personnel Policy - Exempts certain reserve and general flag officers serving in joint duty assignments from the active duty list for promotion purposes. (Sec. 512) Authorizes the Secretary concerned, upon a determination that it is in the national security interest, to increase the number of certain officers and enlisted personnel serving on active duty or full-time National Guard duty. (Sec. 514) Exempts medical and dental officers from reserve end strength limitations. (Sec. 515) Includes under certain promotion authority an individual on the Reserve Active Status List who is ordered to active duty for a period of three years or less. Subtitle C: Education and Training - Repeals a provision which allows the Junior Reserve Officers' Training Program to be funded from certain excess National Guard Challenge Program funding. Removes an annual funding limit with respect to the latter program. Subtitle D: Medal of Honor Recipients - Waives certain time limitations with respect to the award of the Medal of Honor to: (1) Ed W. Freeman of Boise, Idaho, for acts of valor during the Vietnam conflict; and (2) Andrew J. Smith (posthumously) for acts of valor during the Civil War. Subtitle E: Joint Management - Revises provisions concerning the joint officer specialty program to: (1) provide for the designation of officers with the joint specialty officer identifier; (2) allow an officer to be designated with such an identifier after completing two full tours of duty in joint duty assignments; (3) allow the Secretary concerned to waive designation requirements for a particular officer for unusual circumstances, or for a critical need (the latter only in the case of a general or flag officer); (4) provide for joint specialty officer designations for general and flag officer positions; and (5) require accreditation by the Chairman of the Joint Chiefs of Staff (JCS) for any educational institution designated as a joint professional military education institution. Revises policy objectives and qualifications for joint duty officers. (Sec. 543) Repeals a provision requiring officers graduating from a joint professional military education school to be assigned to a joint duty assignment for that officer's next duty assignment. Reduces from three to two months the duration of the principal course of instruction offered at the Armed Forces Staff College. (Sec. 544) Requires the length of a joint duty assignment to mirror the standard tour length that the Secretary establishes for each installation or location at which joint duty assignments are authorized. Allows waivers from such required tour length only on a case-by-case basis. Repeals provisions providing for the initial joint duty assignment of officers with critical occupational specialties. Authorizes the Secretary concerned to request the joint activity to which an officer is assigned to curtail such officer's assignment. Repeals provisions concerning average joint duty tour lengths. Revises the criteria under which full tour credit will be recognized for promotion purposes. (Sec. 545) Makes the JCS (currently the Secretary) responsible for monitoring the personal issues (careers) of officers with the joint specialty designation as well as other officers who have served in joint duty assignments. (Sec. 546) Revises generally information required in an annual report from the Secretary to Congress concerning joint specialty duty assignments and experience. (Sec. 548) Repeals minimum joint duty completion requirements in the case of an officer selected by a promotion board for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment. Subtitle F: Selection Board Appeals - Provides exclusive remedies available to a person challenging the action or recommendation of a selection board. Bars any such person from entitlement to judicial relief unless he or she has first been considered by a special board or refused such consideration by the Secretary concerned. Provides for appropriate correction of military records or restoration of appropriate status, rights, and entitlements if consideration by a special board results in a decision favorable to the individual. Makes this section inapplicable to the Coast Guard when not operating as a service in the Navy. Subtitle G: Other Matters - Exempts members of the Army, Navy, or Air Force Retiree Council from limits on the authorized number of recalled retirees. (Sec. 562) Mandates a three-year tenure requirement for the following positions (currently designated only as critical acquisition positions): program or deputy program manager for a significant nonmajor defense acquisition program; program executive officer, general or flag officer or civilian equivalent thereto; or senior contracting official. Title VI: Compensation and Personnel Benefits - Subtitle A: Bonuses and Special and Incentive Pays - Authorizes the Secretary concerned to delegate the authority to waive operational flying duty requirements for purposes of entitlement to incentive pay. (Sec. 602) Authorizes special pay (in lieu of any other special pay) for reserve medical and dental officers performing annual training, active duty for training, and active duty for special work. (Sec. 603) Provides compensation rates for reserve and National Guard personnel performing funeral honors duty. (Sec. 604) Extends through FY 2002 specified authorities currently scheduled to expire at the end of 2000 with respect to certain special pay and bonus programs within the regular and reserve armed forces. Subtitle B: Travel and Transportation Allowances - Authorizes the advance payment of allowances for temporary lodging expenses. (Sec. 612) Provides for the payment of a prorated amount for the transportation of baggage and household effects when less than the authorized weight limit is shipped. (Sec. 613) Authorizes the advance payment of per diem for temporary lodging expenses. (Sec. 614) Authorizes a member entitled to the transportation of a motor vehicle to instead be paid a prorated share of the savings achieved by the member in not sending the vehicle to the new duty station. Authorizes the storage of such motor vehicle in lieu of shipping. Subtitle C: Other Matters - Makes eligible for appointment to a military service academy the children of a member of the reserves who either: (1) have earned at least 2,880 military retirement credit points; or (2) are, or who died while they were, eligible for military retired pay, but had not yet reached age 60. (Sec. 632) Authorizes a personal money allowance of $2,000 annually for senior enlisted members of the armed forces. (Sec. 633) Increases the initial and annual uniform allowance. (Sec. 634) Authorizes the Secretary (and the Secretary of Transportation with respect to the Coast Guard when not operating under the Navy) to prescribe the quantity and kind of clothing to be worn by enlisted personnel. (Currently, the President has such authority.) Title VII: Health Care Provisions - Entitles Medal of Honor recipients to medical and dental care in the same manner and to the same extent as those entitled to military retired or retainer pay. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations - Eliminates: (1) the requirement that a contractor furnish written assurances that technical data furnished complies with contractual requirements; and (2) certain subcontract notification requirements. (Sec. 805) Redesignates major defense acquisition programs as major systems for purposes of applying operational test and evaluation requirements. Authorizes defense contractors to participate in certain phases of such test and evaluation, including analytical and logistic support. Requires certain steps to ensure the impartiality and integrity of contractor employees involved in such process. (Sec. 808) Allows the Secretary of Defense to utilize indefinite-delivery contracts for gloves, boots, humanitarian and operational rations, and toxicological agent protective clothing, upon request of a State or U.S. territory, Puerto Rico, an Indian tribe, the District of Columbia, or a qualified, nonprofit agency for the blind or severely handicapped. Subtitle B: Other Matters - Prohibits the suspension of defense procurement contract preferences for small disadvantaged businesses and historically black and other minority educational institutions if the President determines that contracts for a price exceeding fair market value cost are necessary to remedy demonstrated discrimination in that industry category. (Sec. 812) Revises the definition of "conventional ammunition" under the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to include ammunition managed by DOD's Single Manager for Conventional Ammunition. (Sec. 813) Provides a further exception to the technical data rights for items developed exclusively at private expense when operation, maintenance, or installation services are to be provided other than by the contractor or subcontractor. (Sec. 814) Authorizes the Secretary to waive the application of survivability tests to the MH-47E and MH-60K helicopter modification programs before full material release of such helicopters for operational use. Requires a report with any such waiver. (Sec. 815) Repeals the requirement that the Secretary certify to Congress that the future-years defense program fully funds support costs associated with the multiyear contracting program. Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Organization - Redesignates Marine Corps Deputy and Assistant Chiefs of Staff as Deputy Commandants. Subtitle B: Other Matters - Consolidates the Naval Academy General Gift Fund and the Naval Academy Museum Fund into the United States Naval Academy Gift and Museum Fund. Repeals the Naval Academy Museum Fund and the Naval Historical Center Fund. (Sec. 912) Authorizes the Secretary of the Navy to dispose of the current cash value of previously accepted gifts to the Naval Academy Gift Fund by transfer to an entity designated by the donor. (Sec. 913) Authorizes the Secretary to establish a pilot program for the payment of retraining and relocation expenses to facilitate the reemployment of DOD employees who are being involuntarily separated due to a reduction-in-force or transfer of military functions. Authorizes the Secretary to enter into an agreement with a non-Federal employer to pay the costs (for up to 12 months) of retraining such individuals for employment with that employer. Prohibits: (1) the total amount of retraining payments for each individual from exceeding $10,000; and (2) payment for training or relocations commenced after September 30, 2003. Title X: General Provisions - Subtitle A: Financial Matters - Provides for the offset of overpayments made to DOD contract carriers for transportation services. (Sec. 1002) Changes an annual date for submission of a report concerning the scoring of defense budget outlays. (Sec. 1003) Codifies provisions concerning O&M reimbursements for certain reserve intelligence or counterintelligence support. Subtitle B: Humanitarian and Civic Assistance - Includes underserved areas for the provision of defense humanitarian and civic assistance. (Sec. 1012) Increases from $5 million to $10 million the annual limit on costs of equipment, services, and supplies provided in connection with the clearance of land mines in foreign countries. Subtitle C: Miscellaneous Reporting Requirements and Repeals - Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal a B-2 bomber reporting requirement. (Sec. 1016) Requires an annual report concerning National Guard and reserve equipment to include information concerning Coast Guard Reserve equipment. Subtitle D: Other Matters - Requires a military will or codicil, executed in accordance with regulations prescribed by the Secretary (or Secretary of Transportation with respect to the Coast Guard when not operating under the Navy), to be recognized as a valid testamentary instrument. Outlines general requirements for such wills and codicils, including self-proof through testator acknowledgment and witnesses. Prohibits anything in this section from invalidating other testamentary instruments. (Sec. 1022) Repeals a provision which allows the Secretary to enter into cooperative military airlift agreements with allied countries only under authority of current provisions concerning such agreements. (Sec. 1023) Repeals a provision of the National Defense Authorization Act for Fiscal Year 2000 which prohibits FY 2000 Cooperative Threat Reduction funds from being used for a chemical weapons destruction facility in Russia. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2001 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary of the Army to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after: (1) 2000 for military construction, land acquisition, and family housing functions of the Army; and (2) 2001 for completion of certain previously-authorized military construction projects. Limits the total cost of construction projects authorized by this title. (Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year 1999 to increase the amount authorized for a project at Fort Hood, Texas. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the first paragraph of the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations similar to those provided for the Army under the first paragraph of Title XXI. Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. (Sec. 2402) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 2403) Authorizes appropriations to DOD for fiscal years after: (1) 2000 for military construction, land acquisition, and military family housing functions of DOD; and (2) 2001 for completion of a previously-authorized project. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2000 for such Program. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 2000 for the Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2003, or the date of enactment of an Act authorizing funds for military construction for FY 2004, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Increases from $200,000 to $500,000 the minor real property transaction threshold before certain congressional notification and reporting is required from the Secretary concerned. (Sec. 2802) Includes a military readiness center within the definition of an armory. (Sec. 2803) Extends through February 10, 2006, the authority of the Secretary concerned to enter into contracts for the construction or acquisition of military family housing facilities. (Sec. 2804) Authorizes the Secretary concerned to provide utilities or services on a reimbursable basis as part of a project for the acquisition or construction of military family housing units located on a military installation. (Sec. 2805) Amends provisions concerning the leasing of military family housing at the United States Southern Command in Miami, Florida, to: (1) remove an annual $60,000 limit on individual housing lease costs; (2) allow such leases to extend for up to five years; and (3) allow the Secretary of the Army to adjust the maximum annual limit on such leases by the amount of the annual basic allowance for housing increase in the Miami area. (Sec. 2806) Removes certain limitations on housing space based on pay grade and allows the Secretary concerned to ensure that room patterns and floor areas are generally comparable to patterns and areas of similar housing units in that locality. (Sec. 2807) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to modify the authority for a land conveyance at the Marine Corps Air Station, El Toro, California.

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