[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1059 Public Print (PP)]
May 27, 1999
Ordered to be printed as passed
106th CONGRESS
1st Session
S. 1059
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2000 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.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2000''.
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.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for certain Army programs.
Sec. 112. Close combat tactical trainer program.
Sec. 113. Army aviation modernization.
Sec. 114. Multiple Launch Rocket System.
Subtitle C--Navy Programs
Sec. 121. LHD-8 amphibious dock ship program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Repeal of requirement for annual report from shipbuilders
under certain nuclear attack submarine
programs.
Sec. 124. Cooperative engagement capability program.
Sec. 125. F/A-18E/F aircraft program.
Subtitle D--Air Force Programs
Sec. 131. F-22 aircraft program.
Subtitle E--Other Matters
Sec. 141. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Sec. 142. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial
facilities without regard to availability
from domestic sources.
Sec. 143. D-5 Missile 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. NATO common-funded civil budget.
Sec. 212. Micro-satellite technology development program.
Sec. 213. Space control technology.
Sec. 214. Space maneuver vehicle.
Sec. 215. Manufacturing technology program.
Sec. 216. Testing of airblast and improvised explosives.
Subtitle C--Ballistic Missile Defense
Sec. 221. Theater missile defense upper tier acquisition strategy.
Sec. 222. Repeal of requirement to implement technical and price
competition for theater high altitude area
defense system.
Sec. 223. Space-based laser program.
Sec. 224. Airborne laser program.
Sec. 225. Sense of Congress regarding ballistic missile defense
technology funding.
Sec. 226. Report on National Missile Defense.
Sec. 227. Options for Air Force cruise missiles.
Subtitle D--Research and Development for Long-Term Military
Capabilities
Sec. 231. Annual report on emerging operational concepts.
Sec. 232. Technology area review and assessment.
Sec. 233. Report by Under Secretary of Defense for Acquisition and
Technology.
Sec. 234. Incentives to produce innovative new technologies.
Sec. 235. DARPA competitive prizes award program for encouraging
development of advanced technologies.
Sec. 236. Additional pilot program for revitalizing Department of
Defense laboratories.
Sec. 237. Exemption of defense laboratory employees from certain
workforce management restrictions.
Sec. 238. Use of working-capital funds for financing research and
development of the military departments.
Sec. 239. Efficient utilization of defense laboratories.
Subtitle E--Other Matters
Sec. 251. Report on Air Force distributed mission training.
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.
Sec. 305. Operational Meteorology and Oceanography and UNOLS.
Sec. 306. Armed Forces Emergency Services.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. NATO common-funded military budget.
Sec. 312. Use of humanitarian and civic assistance funding for pay and
allowances of special operations command
reserves furnishing demining training and
related assistance as humanitarian
assistance.
Sec. 313. National Defense Features Program.
Sec. 314. Additional amounts for drug interdiction and counter-drug
activities.
Subtitle C--Environmental Provisions
Sec. 321. Environmental technology management.
Sec. 322. Establishment of environmental restoration accounts for
installations closed or realigned under the
base closure laws and for formerly used
defense sites.
Sec. 323. Extension of limitation on payment of fines and penalties
using funds in environmental restoration
accounts.
Sec. 324. Modification of requirements for annual reports on
environmental compliance activities.
Sec. 325. Modification of membership of Strategic Environmental
Research and Development Program Council.
Sec. 326. Extension of pilot program for sale of air pollution emission
reduction incentives.
Sec. 327. Reimbursement of Environmental Protection Agency for certain
costs in connection with Fresno Drum
Superfund Site, Fresno, California.
Sec. 328. Payment of stipulated penalties assessed under CERCLA in
connection with F.E. Warren Air Force Base,
Wyoming.
Sec. 329. Provision of information and guidance to the public regarding
environmental contamination at United
States military installations formerly
operated by the United States that have
been closed.
Sec. 330. Ordnance mitigation study.
Subtitle D--Other Matters
Sec. 341. Extension of warranty claims recovery pilot program.
Sec. 342. Additional matters to be reported before prime vendor
contract for depot-level maintenance and
repair is entered into.
Sec. 343. Implementation of jointly approved changes in defense retail
systems.
Sec. 344. Waiver of required condition for sales of articles and
services of industrial facilities to
purchasers outside the Department of
Defense.
Sec. 345. Eligibility to receive financial assistance available for
local educational agencies that benefit
dependents of Department of Defense
personnel.
Sec. 346. Use of Smart Card technology in the Department of Defense.
Sec. 347. Study on use of Smart Card as PKI authentication device
carrier for the Department of Defense.
Sec. 348. Revision of authority to donate certain Army materiel for
funeral ceremonies.
Sec. 349. Modification of limitation on funding assistance for
procurement of equipment for the National
Guard for drug interdiction and counter-
drug activities.
Sec. 350. Authority for payment of settlement claims.
Sec. 351. Sense of Senate regarding settlement of claims of American
servicemen's families regarding deaths
resulting from the accident off the coast
of Namibia on September 13, 1997.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength levels.
Sec. 403. Reduction of end strengths below levels for two major
regional contingencies.
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.
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--Officer Personnel Policy
Sec. 501. Extension of requirement for competition for joint 4-star
officer positions.
Sec. 502. Additional three-star officer positions for Superintendents
of Service Academies.
Sec. 503. Increase in maximum number of officers authorized to be on
active-duty list in frocked grade of
brigadier general or rear admiral.
Sec. 504. Reserve officers requesting or otherwise causing nonselection
for promotion.
Sec. 505. Minimum grade of officers eligible to serve on boards of
inquiry.
Sec. 506. Minimum selection of warrant officers for promotion from
below the promotion zone.
Sec. 507. Increase in threshold period of active duty for applicability
of restriction on holding of civil office
by retired regular officers and reserve
officers.
Sec. 508. Exemption of retiree council members from recalled retiree
limits.
Subtitle B--Reserve Component Matters
Sec. 511. Additional exceptions for reserve component general and flag
officers from limitation on authorized
strength of general and flag officers on
active duty.
Sec. 512. Duties of Reserves on active duty in support of the reserves.
Sec. 513. Repeal of limitation on number of Reserves on full-time
active duty in support of preparedness for
responses to emergencies involving weapons
of mass destruction.
Sec. 514. Extension of period for retention of reserve component majors
and lieutenant commanders who twice fail of
selection for promotion.
Sec. 515. Continuation of officer on reserve active-status list for
disciplinary action.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Reserve credit for participation in health professions
scholarship and financial assistance
program.
Sec. 518. Exclusion of reserve officers on educational delay from
eligibility for consideration for
promotion.
Sec. 519. Exclusion of period of pursuit of professional education from
computation of years of service for reserve
officers.
Sec. 520. Correction of reference relating to crediting of satisfactory
service by reserve officers in highest
grade held.
Sec. 521. Establishment of Office of the Coast Guard Reserve.
Sec. 522. Chiefs of reserve components and the additional general
officers at the National Guard Bureau.
Subtitle C--Military Education and Training
Sec. 531. Authority to exceed temporarily a strength limitation for the
service academies.
Sec. 532. Repeal of limitation on amount of reimbursement authorized to
be waived for foreign students at the
service academies.
Sec. 533. Expansion of foreign exchange programs of the service
academies.
Sec. 534. Permanent authority for ROTC scholarships for graduate
students.
Sec. 535. Authority for award of master of strategic studies degree by
the United States Army War College.
Sec. 536. Minimum educational requirements for faculty of the Community
College of the Air Force.
Sec. 537. Conferral of graduate-level degrees by Air University.
Sec. 538. Payment of tuition for education and training of members in
the defense acquisition workforce.
Sec. 539. Financial assistance program for pursuit of degrees by
officer candidates in Marine Corps Platoon
Leaders Class Program.
Subtitle D--Decorations, Awards, and Commendations
Sec. 551. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 552. Authority for award of Medal of Honor to Alfred Rascon for
valor during the Vietnam conflict.
Sec. 553. Elimination of backlog in requests for replacement of
military medals and other decorations.
Sec. 554. Retroactive award of Navy Combat Action Ribbon.
Subtitle E--Amendments to Uniform Code of Military Justice
Sec. 561. Increase in sentencing jurisdiction of special courts-martial
authorized to adjudge a bad conduct
discharge.
Sec. 562. Reduced minimum blood and breath alcohol levels for offense
of drunken operation or control of a
vehicle, aircraft, or vessel.
Subtitle F--Other Matters
Sec. 571. Funeral honors details at funerals of veterans.
Sec. 572. Increased authority to extend delayed entry period for
enlistments of persons with no prior
military service.
Sec. 573. Army college first pilot program.
Sec. 574. Reduction in required frequency of reporting on the Selected
Reserve Educational Assistance Program
under the Montgomery GI Bill.
Sec. 575. Participation of members in management of organizations
abroad that promote international
understanding.
Sec. 576. Forensic pathology investigations by Armed Forces Medical
Examiner.
Sec. 577. Nondisclosure of information on missing persons returned to
United States control.
Sec. 578. Use of recruiting materials for public relations purposes.
Sec. 579. Improvement and transfer of jurisdiction of troops-to-
teachers program.
Sec. 580. Support for expanded child care services and youth program
services for dependents.
Sec. 581. Responses to domestic violence in the Armed Forces.
Sec. 582. Posthumous advancement of Rear Admiral (retired) Husband E.
Kimmel and Major General (Retired) Walter
C. Short on retired lists.
Sec. 583. Exit survey for separating members.
Sec. 584. Administration of defense reform initiative enterprise
program for military manpower and personnel
information.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2000 increase and restructuring of basic pay.
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Special subsistence allowance for food stamp eligible
members.
Sec. 604. Payment for unused leave in conjunction with a reenlistment.
Sec. 605. Continuance of pay and allowances while in duty status
(whereabouts unknown).
Sec. 606. Equitable treatment of class of 1987 of the Uniformed
Services University of the Health Sciences.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of authorities relating to payment of
certain bonuses and special pays.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 613. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates,
registered nurses, and nurse anesthetists.
Sec. 614. Amount of aviation career incentive pay for air battle
managers formerly eligible for hazardous
duty pay.
Sec. 615. Aviation career officer special pay.
Sec. 616. Career enlisted flyer incentive pay.
Sec. 617. Retention bonus for special warfare officers extending
periods of active duty.
Sec. 618. Retention bonus for surface warfare officers extending
periods of active duty.
Sec. 619. Additional special pay for board certified veterinarians in
the Armed Forces and Public Health Service.
Sec. 620. Increase in rate of diving duty special pay.
Sec. 621. Increase in maximum amount authorized for reenlistment bonus
for active members.
Sec. 622. Critical skills enlistment bonus.
Sec. 623. Selected Reserve enlistment bonus.
Sec. 624. Special pay for members of the Coast Guard Reserve assigned
to high priority units of the Selected
Reserve.
Sec. 625. Reduced minimum period of enlistment in Army in critical
skill for eligibility for enlistment bonus.
Sec. 626. Eligibility for reserve component prior service enlistment
bonus upon attaining a critical skill.
Sec. 627. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 628. Increase in maximum monthly rate authorized for foreign
language proficiency pay.
Sec. 629. Sense of the Senate regarding tax treatment of members
receiving special pay.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Payment of temporary lodging expenses to enlisted members
making first permanent change of station.
Sec. 642. Destination airport for emergency leave travel to the
continental United States.
Sec. 643. Clarification of per diem eligibility of certain military
technicians (dual status) serving on active
duty without pay outside the United States.
Sec. 644. Expansion and codification of authority for space required
travel on military aircraft for Reserves
performing inactive-duty training outside
the continental United States.
Sec. 645. Reimbursement of travel expenses incurred by members of the
Armed Forces in connection with leave
canceled for involvement in Kosovo-related
activities.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 651. Retired pay options for personnel entering uniformed services
on or after August 1, 1986.
Sec. 652. Participation in Thrift Savings Plan.
Sec. 653. Special retention initiative.
Sec. 654. Repeal of reduction in retired pay for civilian employees.
Sec. 655. Credit toward paid-up SBP coverage for months covered by
make-up premium paid by persons electing
SBP coverage during special open enrollment
period.
Sec. 656. Paid-up coverage under Retired Serviceman's Family Protection
Plan.
Sec. 657. Permanent authority for payment of annuities to certain
military surviving spouses.
Sec. 658. Effectuation of intended SBP annuity for former spouse when
not elected by reason of untimely death of
retiree.
Sec. 659. Special compensation for severely disabled uniformed services
retirees.
Sec. 660. Computation of survivor benefits.
Subtitle E--Montgomery GI Bill Benefits and Other Education Benefits
Part I--Montgomery GI Bill Benefits
Sec. 671. Increase in rates of educational assistance for full-time
education.
Sec. 672. Termination of reductions of basic pay.
Sec. 673. Accelerated payments of educational assistance.
Sec. 674. Transfer of entitlement to educational assistance by certain
members of the Armed Forces.
Sec. 675. Availability of educational assistance benefits for
preparatory courses for college and
graduate school entrance exams.
Part II--Other Educational Benefits
Sec. 681. Accelerated payments of certain educational assistance for
members of Selected Reserve.
Sec. 682. Modification of time for use by certain members of Selected
Reserve of entitlement to certain
educational assistance.
Part III--Report
Sec. 685. Report on effect of educational benefits improvements on
recruitment and retention of members of the
Armed Forces.
Subtitle F--Other Matters
Sec. 691. Annual report on effects of initiatives on recruitment and
retention.
Sec. 692. Members under burdensome PERSTEMPO.
Sec. 693. Increased tuition assistance for members of the Armed Forces
deployed in support of a contingency
operation or similar operation.
Sec. 694. Administration of Selected Reserve education loan repayment
program for Coast Guard Reserve.
Sec. 695. Extension to all uniformed services of authority for
presentation of United States flag to
members upon retirement.
Sec. 696. Participation of additional members of the Armed Forces in
Montgomery GI Bill program.
Sec. 697. Revision of educational assistance interval payment
requirements.
Sec. 698. Implementation of the special supplemental nutrition program.
TITLE VII--HEALTH CARE
Subtitle A--TRICARE Program
Sec. 701. Improvement of TRICARE benefits and management.
Sec. 702. Expansion and revision of authority for dental programs for
dependents and Reserves.
Sec. 703. Sense of Congress regarding automatic enrollment of medicare-
eligible beneficiaries in the TRICARE
Senior Prime demonstration program.
Sec. 704. TRICARE beneficiary advocates.
Sec. 705. Open enrollment demonstration program.
Subtitle B--Other Matters
Sec. 711. Care at former uniformed services treatment facilities for
active duty members stationed at certain
remote locations.
Sec. 712. One-year extension of chiropractic health care demonstration
program.
Sec. 713. Program year stability in health care benefits.
Sec. 714. Best value contracting.
Sec. 715. Authority to order reserve component members to active duty
for health surveillance studies.
Sec. 716. Continuation of previously provided custodial care benefits
for certain CHAMPUS beneficiaries.
Sec. 717. Enhancement of dental benefits for retirees.
Sec. 718. Medical and dental care for certain members incurring
injuries on inactive-duty training.
Sec. 719. Health care quality information and technology enhancement.
Sec. 720. Joint telemedicine and telepharmacy demonstration projects by
the Department of Defense and Department of
Veterans Affairs.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 802. Mentor-protege program improvements.
Sec. 803. Report on transition of small business innovation research
program activities into defense acquisition
programs.
Sec. 804. Authority to carry out certain prototype projects.
Sec. 805. Pilot program for commercial services.
Sec. 806. Streamlined applicability of cost accounting standards.
Sec. 807. Guidance on use of task order and delivery order contracts.
Sec. 808. Clarification of definition of commercial items with respect
to associated services.
Sec. 809. Use of special simplified procedures for purchases of
commercial items in excess of the
simplified acquisition threshold.
Sec. 810. Extension of interim reporting rule for certain procurements
less than $100,000.
Sec. 811. Contract goal for small disadvantaged businesses and certain
institutions of higher education.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General
Sec. 901. Number of management headquarters and headquarters support
activities personnel.
Sec. 902. Additional matters for annual reports on joint warfighting
experimentation.
Sec. 903. Acceptance of guarantees in connection with gifts to the
United States Military Academy.
Sec. 904. Management of the Civil Air Patrol.
Sec. 905. Minimum interval for updating and revising Department of
Defense strategic plan.
Sec. 906. Permanent requirement for quadrennial defense review.
Subtitle B--Commission To Assess United States National Security Space
Management and Organization
Sec. 911. Establishment of commission.
Sec. 912. Duties of commission.
Sec. 913. Report.
Sec. 914. Powers.
Sec. 915. Commission procedures.
Sec. 916. Personnel matters.
Sec. 917. Miscellaneous administrative provisions.
Sec. 918. Funding.
Sec. 919. Termination of the commission.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Second biennial financial management improvement plan.
Sec. 1003. Single payment date for invoice for various subsistence
items.
Sec. 1004. Authority to require use of electronic transfer of funds for
Department of Defense personnel payments.
Sec. 1005. Payment of foreign licensing fees out of proceeds of sales
of maps, charts, and navigational books.
Sec. 1006. Authority for disbursing officers to support use of
automated teller machines on naval vessels
for financial transactions.
Sec. 1007. Central transfer account for combating terrorism.
Sec. 1008. United States contribution to NATO common-funded budgets in
fiscal year 2000.
Sec. 1009. Responsibilities and accountability for financial
management.
Sec. 1010. Authorization of emergency supplemental appropriations for
fiscal year 1999.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Sales of naval shipyard articles and services to nuclear
ship contractors.
Sec. 1012. Period of delay after notice of proposed transfer of vessel
stricken from Naval Vessel Register.
Sec. 1013. Transfer of naval vessel to foreign country.
Subtitle C--Miscellaneous Report Requirements and Repeals
Sec. 1021. Preservation of certain defense reporting requirements.
Sec. 1022. Annual report on combatant command requirements.
Sec. 1023. Report on assessments of readiness to execute the national
military strategy.
Sec. 1024. Report on inventory and control of military equipment.
Sec. 1025. Space technology guide.
Sec. 1026. Report and regulations on Department of Defense policies on
protecting the confidentiality of
communications with professionals providing
therapeutic or related services regarding
sexual or domestic abuse.
Sec. 1027. Comptroller General report on anticipated effects of
proposed changes in operation of storage
sites for lethal chemical agents and
munitions.
Sec. 1028. Report on deployments of rapid assessment and initial
detection teams across State boundaries.
Sec. 1029. Report on consequence management program integration office
unit readiness.
Sec. 1030. Analysis of relationship between threats and budget
submission for fiscal year 2001.
Sec. 1031. Report on NATO's Defense Capabilities Initiative.
Sec. 1032. Review of incidence of State motor vehicle violations by
Army personnel.
Sec. 1033. Report on use of National Guard facilities and
infrastructure for support of provision of
veterans services.
Sec. 1034. Report on military-to-military contacts with the People's
Republic of China.
Subtitle D--Other Matters
Sec. 1041. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1042. Limitation on reduction in United States strategic nuclear
forces.
Sec. 1043. Counterproliferation program review committee.
Sec. 1044. Limitation regarding Cooperative Threat Reduction programs.
Sec. 1045. Period covered by annual report on accounting for United
States assistance under Cooperative Threat
Reduction Programs.
Sec. 1046. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1047. Information assurance initiative.
Sec. 1048. Defense Science Board task force on television and radio as
a propaganda instrument in time of military
conflict.
Sec. 1049. Prevention of interference with Department of Defense use of
frequency spectrum.
Sec. 1050. Off-shore entities interfering with Department of Defense
use of the frequency spectrum.
Sec. 1051. Repeal of limitation on amount of Federal expenditures for
the National Guard Challenge Program.
Sec. 1052. Nondisclosure of information on personnel of overseas,
sensitive, or routinely deployable units.
Sec. 1053. Nondisclosure of operational files of the National Imagery
and Mapping Agency.
Sec. 1054. Nondisclosure of information of the National Imagery and
Mapping Agency having commercial
significance.
Sec. 1055. Continued enrollment of dependents in Department of Defense
domestic dependent elementary and secondary
schools after loss of eligibility.
Sec. 1056. Unified school boards for all Department of Defense Domestic
Dependent Schools in the Commonwealth of
Puerto Rico and Guam.
Sec. 1057. Department of Defense STARBASE Program.
Sec. 1058. Program to commemorate the 50th anniversary of the Korean
War.
Sec. 1059. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1060. Extension to naval aircraft of Coast Guard authority for
drug interdiction activities.
Sec. 1061. Regarding the need for vigorous prosecution of war crimes,
genocide, and crimes against humanity in
the former Republic of Yugoslavia.
Sec. 1062. Expansion of list of diseases presumed to be service-
connected for radiation-exposed veterans.
Sec. 1063. Legal effect on the new strategic concept of NATO.
Sec. 1064. Multinational economic embargoes against governments in
armed conflict with the United States.
Sec. 1065. Conditions for lending obsolete or condemned rifles for
funeral ceremonies.
Sec. 1066. Prohibition on the return of veterans memorial objects to
foreign nations without specific
authorization in law.
Sec. 1067. Military assistance to civil authorities for responding to
terrorism.
Sec. 1068. Sense of the Congress regarding the continuation of
sanctions against Libya.
Sec. 1069. Investigations of violations of export controls by United
States satellite manufacturers.
Sec. 1070. Enhancement of activities of Defense Threat Reduction
Agency.
Sec. 1071. Improvement of licensing activities by the Department of
State.
Sec. 1072. Enhancement of intelligence community activities.
Sec. 1073. Adherence of People's Republic of China to Missile
Technology Control Regime.
Sec. 1074. United States commercial space launch capacity.
Sec. 1075. Annual reports on security in the Taiwan Strait.
Sec. 1076. Declassification of restricted data and formerly restricted
data.
Sec. 1077. Disengaging from noncritical overseas missions involving
United States combat forces.
Sec. 1078. Sense of the Senate on negotiations with indicted war
criminals.
Sec. 1079. Coast Guard education funding.
Sec. 1080. Technical amendment to prohibition on release of contractor
proposals under the Freedom of Information
Act.
Sec. 1081. Attendance at professional military education schools by
military personnel of the new member
nations of NATO.
Sec. 1082. Sense of Congress regarding United States-Russian
cooperation in commercial space launch
services.
Sec. 1083. Recovery and identification of remains of certain World War
II servicemen.
Sec. 1084. Chemical agents used for defensive training.
Sec. 1085. Russian nonstrategic nuclear arms.
Sec. 1086. Commemoration of the victory of freedom in the Cold War.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement
authority.
Sec. 1102. Deference to EEOC procedures for investigation of complaints
of sexual harassment made by employees.
Sec. 1103. Restoration of leave of emergency essential employees
serving in a combat zone.
Sec. 1104. Leave without loss of benefits for military reserve
technicians on active duty in support of
combat operations.
Sec. 1105. Work schedules and premium pay of service academy faculty.
Sec. 1106. Salary schedules and related benefits for faculty and staff
of the Uniformed Services University of the
Health Sciences.
Sec. 1107. Extension of certain temporary authorities to provide
benefits for employees in connection with
defense workforce reductions and
restructuring.
TITLE XII--NATIONAL MILITARY MUSEUM AND RELATED MATTERS
Subtitle A--Commission on National Military Museum
Sec. 1201. Establishment.
Sec. 1202. Duties of commission.
Sec. 1203. Report.
Sec. 1204. Powers.
Sec. 1205. Commission procedures.
Sec. 1206. Personnel matters.
Sec. 1207. Miscellaneous administrative provisions.
Sec. 1208. Funding.
Sec. 1209. Termination of commission.
Subtitle B--Related Matters
Sec. 1211. Future use of Navy Annex property, Arlington, Virginia.
TITLE XIII--MILITARY VOTING RIGHTS ACT OF 1999
Sec. 1301. Short title.
Sec. 1302. Guarantee of residency.
Sec. 1303. State responsibility to guarantee military voting rights.
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.
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. Technical modification of authority relating to certain
fiscal year 1997 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Consolidation of Air Force Research Laboratory facilities at
Rome Research Site, Rome, New York.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military family housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year
1997 project.
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 1997
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Program Changes
Sec. 2801. Exemption from notice and wait requirements of military
construction projects supported by
burdensharing funds undertaken for war or
national emergency.
Sec. 2802. Prohibition on carrying out military construction projects
funded using incremental funding.
Sec. 2803. Defense Chemical Demilitarization Construction Account.
Sec. 2804. Limitation on authority regarding ancillary supporting
facilities under alternative authority for
acquisition and construction of military
housing.
Sec. 2805. Availability of funds for planning and design in connection
with acquisition of reserve component
facilities.
Sec. 2806. Modification of limitations on reserve component facility
projects for certain safety projects.
Sec. 2807. Expansion of entities eligible to participate in alternative
authority for acquisition and improvement
of military housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Extension of authority for leases of property for special
operations activities.
Sec. 2812. Enhancement of authority relating to utility privatization.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Conveyance of property at installations closed or realigned
under the base closure laws without
consideration for economic redevelopment
purposes.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Army Reserve Center, Bangor, Maine.
Sec. 2832. Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota.
Sec. 2833. Repair and conveyance of Red Butte Dam and Reservoir, Salt
Lake City, Utah.
Part II--Navy Conveyances
Sec. 2841. Clarification of land exchange, Naval Reserve Readiness
Center, Portland, Maine.
Sec. 2842. Land conveyance, Newport, Rhode Island.
Sec. 2843. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Sec. 2844. Land conveyance, Naval Training Center, Orlando, Florida.
Part III--Air Force Conveyances
Sec. 2851. Land conveyance, McClellan Nuclear Radiation Center,
California.
Sec. 2852. Land conveyance, Newington Defense Fuel Supply Point, New
Hampshire.
Subtitle E--Other Matters
Sec. 2861. Acquisition of State-held inholdings, East Range of Fort
Huachuca, Arizona.
Sec. 2862. Development of Ford Island, Hawaii.
Sec. 2863. Enhancement of Pentagon renovation activities.
Sec. 2864. One-year delay in demolition of radio transmitting facility
towers at Naval Station, Annapolis,
Maryland, to facilitate transfer of towers.
Sec. 2865. Army Reserve relocation from Fort Douglas, Utah.
TITLE XXIX--RENEWAL OF MILITARY LAND WITHDRAWALS
Sec. 2901. Findings.
Sec. 2902. Sense of the Senate regarding proposal to renew public land
withdrawals.
Sec. 2903. Sense of Senate regarding withdrawals of certain lands in
Arizona.
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. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Prohibition on use of funds for certain activities under
Formerly Utilized Site Remedial Action
Program.
Sec. 3132. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Tritium production.
Sec. 3135. Independent cost estimate of Accelerator Production of
Tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Subtitle D--Safeguards, Security, and Counterintelligence at Department
of Energy Facilities
Sec. 3151. Short title.
Sec. 3152. Commission on Safeguards, Security, and Counterintelligence
at Department of Energy Facilities.
Sec. 3153. Background investigations of certain personnel at Department
of Energy facilities.
Sec. 3154. Plan for polygraph examinations of certain personnel at
Department of Energy facilities.
Sec. 3155. Civil monetary penalties for violations of Department of
Energy regulations relating to the
safeguarding and security of Restricted
Data.
Sec. 3156. Moratorium on laboratory-to-laboratory and foreign visitors
and assignments programs.
Sec. 3157. Increased penalties for misuse of Restricted Data.
Sec. 3158. Organization of Department of Energy counterintelligence and
intelligence programs and activities.
Sec. 3159. Counterintelligence activities at certain Department of
Energy facilities.
Sec. 3160. Whistleblower protection.
Sec. 3161. Investigation and remediation of alleged reprisals for
disclosure of certain information to
Congress.
Sec. 3162. Notification to Congress of certain security and
counterintelligence failures at Department
of Energy facilities.
Sec. 3163. Conduct of security clearances.
Sec. 3164. Protection of classified information during laboratory-to-
laboratory exchanges.
Sec. 3165. Definition.
Subtitle E--Other Matters
Sec. 3171. Maintenance of nuclear weapons expertise in the Department
of Defense and Department of Energy.
Sec. 3172. Modification of budget and planning requirements for
Department of Energy national security
activities.
Sec. 3173. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3174. Integrated fissile materials management plan.
Sec. 3175. Use of amounts for award fees for Department of Energy
closure projects for additional cleanup
projects at closure project sites.
Sec. 3176. Pilot program for project management oversight regarding
Department of Energy construction projects.
Sec. 3177. Extension of review of Waste Isolation Pilot Plant, New
Mexico.
Sec. 3178. Proposed schedule for shipments of waste from the Rocky
Flats Plant, Colorado, to the Waste
Isolation Pilot Plant, New Mexico.
Sec. 3179. Comptroller General report on closure of Rocky Flats
Environmental Technology Site, Colorado.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Defense Nuclear Facilities Safety Board.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Limitations on previous authority for disposal of stockpile
materials.
TITLE XXXIV--PANAMA CANAL COMMISSION
Sec. 3401. Short title.
Sec. 3402. Authorization of expenditures.
Sec. 3403. Purchase of vehicles.
Sec. 3404. Expenditures only in accordance with treaties.
Sec. 3405. Office of Transition Administration.
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 2000
for procurement for the Army as follows:
(1) For aircraft, $1,498,188,000.
(2) For missiles, $1,411,104,000.
(3) For weapons and tracked combat vehicles,
$1,678,865,000.
(4) For ammunition, $1,209,816,000.
(5) For other procurement, $3,647,370,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2000 for procurement for the Navy as follows:
(1) For aircraft, $8,927,255,000.
(2) For weapons, including missiles and torpedoes,
$1,392,100,000.
(3) For shipbuilding and conversion, $7,016,454,000.
(4) For other procurement, $4,197,791,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2000 for procurement for the Marine Corps in the amount
of $1,295,570,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for the Navy and the
Marine Corps in the amount of $542,700,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2000
for procurement for the Air Force as follows:
(1) For aircraft, $9,704,866,000.
(2) For missiles, $2,389,208,000.
(3) For ammunition, $411,837,000.
(4) For other procurement, $7,142,177,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2000
for Defense-wide procurement in the amount of $2,293,417,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2000
for procurement for the Inspector General of the Department of Defense
in the amount of $2,100,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 2000
the amount of $1,164,500,000 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 material 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 2000
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 $356,970,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN ARMY PROGRAMS.
Beginning with the fiscal year 2000 program year, the Secretary of
the Army may, in accordance with section 2306b of title 10, United
States Code, enter into multiyear contracts for procurement of the
following:
(1) The M270A1 launcher.
(2) The Family of Medium Tactical Vehicles, except that the
period of a multiyear contract may not exceed three years.
(3) The Command Launch Unit for the Javelin Advanced Anti-
tank Weapon System-Medium.
(4) The missile for the Javelin Advanced Anti-tank Weapon
System-Medium, except that the period of a multiyear contract
may not exceed four years.
(5) The AH-64D Longbow Apache aircraft.
(6) The Wolverine heavy assault bridge.
(7) The system enhancement program for the M1A2 Abrams tank
assembly.
(8) The Second Generation Forward Looking Infrared system
for the M1A2 Abrams tank.
(9) The C2V Command and Control Vehicle, except that the
period of a multiyear contract may not exceed four years.
(10) The Second Generation Forward Looking Infrared system
for the Bradley A3 fighting vehicle, except that the period of
a multiyear contract may not exceed four years.
(11) The improved Bradley acquisition system for the
Bradley A3 fighting vehicle, except that the period of a
multiyear contract may not exceed four years.
(12) The Bradley A3 fighting vehicle, except that the
period of a multiyear contract may not exceed four years.
SEC. 112. CLOSE COMBAT TACTICAL TRAINER PROGRAM.
None of the funds authorized to be appropriated under section
101(5) may be used for the procurement of the close combat tactical
trainers configured to mobile or fixed sites for tanks or to mobile or
fixed sites for the Bradley A3 fighting vehicle under the Close Combat
Tactical Trainer program of the Army until--
(1) the Secretary of the Army has submitted to the
congressional defense committees a report containing--
(A) a discussion of the actions taken to correct
the deficiencies in such trainers that have been
identified by the Director of Operations Test and
Evaluation of the Department of Defense before the date
of the report; and
(B) the Secretary's certification that the close
combat tactical trainers satisfy the reliability
requirements established for the trainers under the
program; and
(2) thirty days have elapsed since the date of the
submittal of the report.
SEC. 113. ARMY AVIATION MODERNIZATION.
(a) Modernization Plan.--The Secretary of the Army shall submit to
the congressional defense committees a comprehensive plan for the
modernization of the Army's helicopter forces. The plan shall include
provisions for the following:
(1) For the AH-64D Apache Longbow program:
(A) Restoration of the original procurement
objective of the program to the procurement of 747
aircraft and 227 fire control radars.
(B) Qualification and training of reserve component
pilots as augmentation crews to ensure 24-hour
warfighting capability in deployed attack helicopter
units.
(C) Fielding of a sufficient number of aircraft in
reserve component aviation units to implement the
provisions of the plan required under subparagraph (B).
(2) For AH-1 Cobra helicopters, retirement of all AH-1
Cobra helicopters remaining in the fleet.
(3) For the RAH-66 Comanche program:
(A) Review of the total requirements and
acquisition objectives for the program.
(B) Fielding of Comanche helicopters to the
existing aviation force structure.
(C) Support for the plan for the AH-64D Apache
program required under paragraph (1).
(4) For the UH-1 Huey helicopter program:
(A) A UH-1 modernization program.
(B) Revision of total force requirements for the
aircraft to reflect the warfighting support
requirements and State mission requirements for
aircraft utilized by the Army National Guard.
(5) For the UH-60 helicopter program:
(A) Identification of the requirements for the
aircraft.
(B) An acquisition strategy for meeting
requirements that cannot be met by UH-1 Huey
helicopters among the warfighting support requirements
and State mission requirements for aircraft utilized by
the Army National Guard.
(C) An upgrade program for fielded aircraft.
(6) For the CH-47 Chinook helicopter service life extension
program, maintenance of the schedule and funding.
(7) For the OH-58D Kiowa Warrior helicopters, a
modernization program.
(8) A revised assessment of the Army's present and future
requirements for helicopters and its present and future
helicopter inventory, including the number of aircraft, average
age of aircraft, availability of spare parts, flight hour
costs, roles and functions assigned to the fleet as a whole and
to each type of aircraft, and the mix of active component and
reserve component aircraft in the fleet.
(b) Limitation.--Not more than 90 percent of the amount authorized
to be appropriated under section 101(2) may be obligated before the
date that is 30 days after the date on which the Secretary of the Army
submits the plan required under subsection (a) to the congressional
defense committees.
SEC. 114. MULTIPLE LAUNCH ROCKET SYSTEM.
Of the funds authorized to be appropriated under section 101(2),
$500,000 may be made available to complete the development of reuse and
demilitarization tools and technologies for use in the disposition of
Army MLRS inventory.
Subtitle C--Navy Programs
SEC. 121. LHD-8 AMPHIBIOUS DOCK SHIP PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the amphibious dock ship to be designated LHD-8, subject to
the availability of appropriations for that purpose.
(b) Amount Authorized.--Of the amount authorized to be appropriated
under section 102(a)(3) for fiscal year 2000, $375,000,000 is available
for the advance procurement and advance construction of components for
the LHD-8 amphibious dock ship program. The Secretary of the Navy may
enter into a contract or contracts with the shipbuilder and other
entities for the advance procurement and advance construction of those
components.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Authority for Multiyear Procurement of 6 Additional Vessels.--
(1) Subsection (b) of section 122 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446) is
amended in the first sentence--
(A) by striking ``12 Arleigh Burke class destroyers'' and
inserting ``18 Arleigh Burke class destroyers''; and
(B) by striking ``and 2001'' and inserting ``2001, 2002,
and 2003''.
(2) The heading for such subsection is amended by striking
``Twelve'' and inserting ``18''.
(b) Fiscal Year 2001 Advance Procurement.--(1) Subject to
paragraphs (2) and (3), the Secretary of the Navy is authorized, in
fiscal year 2001, to enter into contracts for advance procurement for
the Arleigh Burke class destroyers that are to be constructed under
contracts entered into after fiscal year 2001 under section 122(b) of
Public Law 104-201, as amended by subsection (a)(1).
(2) The authority to contract for advance procurement under
paragraph (1) is subject to the availability of funds authorized and
appropriated for fiscal year 2001 for that purpose in Acts enacted
after September 30, 1999.
(3) The aggregate amount of the contracts entered into under
paragraph (1) may not exceed $371,000,000.
(c) Other Funds for Advance Procurement.--Notwithstanding any other
provision of this Act, of the funds authorized to be appropriated under
section 102(a) for procurement programs, projects, and activities of
the Navy, up to $190,000,000 may be made available, as the Secretary of
the Navy may direct, for advance procurement for the Arleigh Burke
class destroyer program. Authority to make transfers under this
subsection is in addition to the transfer authority provided in section
1001.
SEC. 123. REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM SHIPBUILDERS
UNDER CERTAIN NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) Repeal.--Paragraph (3) of section 121(g) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2444) is repealed.
(b) Conforming Amendment.--Paragraph (5) of such section is amended
by striking ``reports referred to in paragraphs (3) and (4)'' and
inserting ``report referred to in paragraph (4)''.
SEC. 124. COOPERATIVE ENGAGEMENT CAPABILITY PROGRAM.
(a) Limitation.--Cooperative engagement equipment procured under
the Cooperative Engagement Capability program of the Navy may not be
installed into a commissioned vessel until the completion of
operational test and evaluation of the shipboard cooperative engagement
capability.
(b) Construction.--Subsection (a) shall not be construed to limit
the installation of cooperative engagement equipment in new
construction ships.
SEC. 125. F/A-18E/F AIRCRAFT PROGRAM.
(a) Authority.--Beginning with the fiscal year 2000 program year,
the Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear procurement
contract for the procurement of F/A-18E/F aircraft.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) to enter into a multiyear contract for the procurement
of F/A-18E/F aircraft or authorize entry of the F/A-18E/F aircraft
program into full-rate production until--
(1) the Secretary of Defense certifies to the Committees on
Armed Services of the Senate and House of Representatives the
results of operational test and evaluation of the F/A-18E/F
aircraft.
(2) the Secretary of Defense determines that the results of
operational test and evaluation demonstrate that the version of
the aircraft to be procured under the multiyear contract in the
higher quantity than the other version satisfies all key
performance parameters appropriate to that version of aircraft
in the operational requirements document for the F/A-18E/F
program, as submitted on April 1, 1997, except that with
respect to the range performance parameter a deviation of 1
percent shall be permitted.
Subtitle D--Air Force Programs
SEC. 131. F-22 AIRCRAFT PROGRAM.
Before awarding the contract for low-rate initial production under
the F-22 aircraft program, the Secretary of Defense shall certify to
the congressional defense committees that--
(1) the test plan in the engineering and manufacturing
development program is adequate for determining the operational
effectiveness and suitability of the F-22 aircraft; and
(2) the engineering and manufacturing development program
and the production program can each be executed within the
limitation on total cost applicable to that program under
subsection (a) or (b), respectively, of section 217 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1660).
Subtitle E--Other Matters
SEC. 141. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT RETOOLING AND
MANUFACTURING SUPPORT INITIATIVE.
Section 193(a) of 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 by striking ``During fiscal years 1993 through
1999'' and inserting ``During fiscal years 1993 through 2001''.
SEC. 142. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES
WITHOUT REGARD TO AVAILABILITY FROM DOMESTIC SOURCES.
(a) Extension of Program.--Section 141 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1652; 10 U.S.C. 4543 note) is amended--
(1) in subsection (a), by striking ``During fiscal years
1998 and 1999'' and inserting ``During fiscal years 1998
through 2001''; and
(2) in subsection (b), by striking ``during fiscal year
1998 or 1999'' and inserting ``during a fiscal year covered by
the pilot program''.
(b) Extension of Deadline for Inspector General Report.--Subsection
(c) of such section is amended by striking ``July 1, 1999'' and
inserting ``July 1, 2000''.
SEC. 143. D-5 MISSILE PROGRAM.
(a) Report.--Not later than October 31, 1999, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the D-5 missile program.
(b) Report Elements.--The report under subsection (a) shall include
the following:
(1) An inventory management plan for the D-5 missile
program covering the life of the program, including--
(A) the location of D-5 missiles during the fueling
of submarines;
(B) rotation of inventory; and
(C) expected attrition rate due to flight testing,
loss, damage, or termination of service life.
(2) The cost of terminating procurement of D-5 missiles for
each fiscal year prior to the current plan.
(3) An assessment of the capability of the Navy of meeting
strategic requirements with a total procurement of less than
425 D-5 missiles, including an assessment of the consequences
of--
(A) loading Trident submarines with fewer than 24
D-5 missiles; and
(B) reducing the flight test rate for D-5 missiles.
(4) An assessment of the optimal commencement date for the
development and deployment of replacement systems for the
current land-based and sea-based missile forces.
(5) The Secretary's plan for maintaining D-5 missiles and
Trident submarines under START II and proposed START III, and
whether requirements for such missiles and submarines would be
reduced under such treaties.
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 2000
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,695,894,000.
(2) For the Navy, $8,207,616,000.
(3) For the Air Force, $13,573,308,000.
(4) For Defense-wide activities, $9,389,081,000, of which--
(A) $253,457,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $24,434,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2000.--Of the amounts authorized to be appropriated
by section 201, $4,156,812,000 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. NATO COMMON-FUNDED CIVIL BUDGET.
Of the amount authorized to be appropriated by section 201(1),
$750,000 shall be available for contributions for the common-funded
Civil Budget of NATO.
SEC. 212. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated under
section 201(3), $25,000,000 is available for continued implementation
of the micro-satellite technology program established pursuant to
section 215 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1659).
(b) Micro-Satellite Technology Development Plan.--The Secretary of
Defense shall develop a micro-satellite technology development plan to
guide technology investment decisions and prioritize technology
demonstration activities.
(c) Report.--Not later than April 15, 1999, the Secretary shall
submit to the congressional defense committees a report regarding the
plan developed under subsection (b).
SEC. 213. SPACE CONTROL TECHNOLOGY.
(a) Funds Available for Air Force Execution.--Of the funds
authorized to be appropriated under section 201(3), $19,822,000 shall
be available for space control technology development pursuant to the
Department of Defense Space Control Technology Plan of 1999.
(b) Funds Available for Army Execution.--Of the funds authorized to
be appropriated under section 201(1), $41,000,000 shall be available
for space control technology development. Of the funds made available
pursuant to the preceding sentence, the Commanding General of the
United States Army Space and Missile Defense Command may utilize such
amounts as are necessary for any or all of the following activities:
(1) Continued development of the kinetic energy anti-
satellite technology program necessary to retain an option of
conducting a flight test within two years of any decision to do
so.
(2) Technology development associated with the kinetic
energy anti-satellite kill vehicle to temporarily disrupt
satellite functions.
(3) Cooperative technology development with the Air Force,
pursuant to the Department of Defense Space Control Technology
Plan of 1999.
SEC. 214. SPACE MANEUVER VEHICLE.
(a) Funding.--Of the funds authorized to be appropriated under
section 201(3), $35,000,000 is available for the space maneuver vehicle
program.
(b) Acquisition of Second Flight Test Article.--The amount
available for the space maneuver vehicle program under subsection (a)
may be used only to acquire a second flight test article for the joint
Air Force and National Aeronautics and Space Administration X-37
program in support of the Air Force Space Maneuver Vehicle program.
SEC. 215. MANUFACTURING TECHNOLOGY PROGRAM.
(a) Support of High-Risk Projects To Meet Essential Requirements.--
Subsection (b) of section 2525 of title 10, United States Code, is
amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4) respectively; and
(3) by inserting after ``program--'' the following new
paragraph (1):
``(1) to focus Department of Defense support for advanced
manufacturing technologies on high-risk projects for the
development and application of technologies for use to satisfy
manufacturing requirements essential to the national defense,
as well as for use for repair and remanufacturing in support of
the operations of systems commands, depots, air logistics
centers, and shipyards;''.
(b) Execution.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following:
``(2) The Secretary shall require that manufacturing technology
projects proposed to be carried out under the program be selected
principally on the basis of the extent to which the projects satisfy
the purpose set forth in subsection (b)(1), as determined by a panel
established to review the proposed projects and to make the selections.
``(3) A manufacturing technology project selected for the program
may be carried out only if the head of the program office of a systems
command, depot, air logistics center, or shipyard serves as a sponsor
for the project by certifying that funds available to the program
office will be used to pay the costs of implementing a manufacturing
technology developed and applied under the project to the successful
satisfaction of requirements described in subsection (b)(1).''.
(c) Consideration of Cost-Sharing Proposals.--Subsection (d) of
such section is amended--
(1) by striking paragraphs (2) and (3);
(2) by striking ``(A)'' following ``(d) Competition and
Cost Sharing.--(1)''; and
(3) by striking ``(B) For each'' and all that follows
through ``competitive procedures.'' and inserting the
following: ``(2) The competitive procedures shall include among
the factors to be considered in the evaluation of a proposal
for a grant, contract, cooperative agreement, or other
transaction for a project the extent to which the proposal
provides for the prospective recipient to share in defraying
the costs of the project.''.
SEC. 216. TESTING OF AIRBLAST AND IMPROVISED EXPLOSIVES.
Of the amount authorized to be appropriated under section 201(4)--
(1) $4,000,000 is available for testing of airblast and
improvised explosives (in PE 63122D); and
(2) the amount provided for sensor and guidance technology
(in PE 63762E) is reduced by $4,000,000.
Subtitle C--Ballistic Missile Defense
SEC. 221. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION STRATEGY.
(a) Revised Upper Tier Strategy.--The Secretary of Defense shall
establish an acquisition strategy for the upper tier missile defense
systems that--
(1) retains funding for both of the upper tier systems in
separate, independently managed program elements throughout the
future-years defense program;
(2) bases funding decisions and program schedules for each
upper tier system on the performance of each system independent
of the performance of the other system; and
(3) provides for accelerating the deployment of both of the
upper tier systems to the maximum extent practicable.
(b) Upper Tier Systems Defined.--For purposes of this section, the
upper tier missile defense systems are the following:
(1) The Navy Theater Wide system.
(2) The Theater High-Altitude Area Defense system.
SEC. 222. REPEAL OF REQUIREMENT TO IMPLEMENT TECHNICAL AND PRICE
COMPETITION FOR THEATER HIGH ALTITUDE AREA DEFENSE
SYSTEM.
Subsection (a) of section 236 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 1953) is repealed.
SEC. 223. SPACE-BASED LASER PROGRAM.
(a) Structure of Program.--The Secretary of Defense shall structure
the space-based laser program to include--
(1) a near-term integrated flight experiment; and
(2) an ongoing activity for developing an objective system
design, including developing, testing, and operating a
prototype system.
(b) Integrated Flight Experiment.--The Secretary shall structure
the integrated flight experiment to provide for the following:
(1) Establishment of an objective to carry out an early
demonstration of the fundamental end-to-end capability to
detect, track, and destroy a boosting ballistic missile with a
lethal laser from space.
(2) Utilization, to the maximum extent possible, of
technology that has been demonstrated in principle or can be
developed in the near-term with a low degree of risk.
(3) A goal of launching the experiment by 2006.
(c) Development of Objective System Design.--In order to develop an
objective system design suited to the operational and technological
environment that will exist when such a system can be deployed, the
Secretary shall structure the space-based laser program schedule to
include the following:
(1) Robust research and development on advanced
technologies in parallel with the development of the integrated
flight experiment.
(2) Architecture studies to assess alternative space-based
laser constellation and system performance characteristics.
(3) Planning for the development of a space-based laser
prototype that--
(A) utilizes the lessons learned from the
integrated flight experiment;
(B) is supported by ongoing architecture and
advanced technology research and development efforts;
and
(C) is scheduled to be launched approximately two
years before the date by which the objective space-
based laser system configuration is to be completed.
(d) Sense of Congress.--It is the sense of Congress that the
structure required by this section for the space-based laser program is
consistent with the joint venture contracting approach and overall
objective that the Department of Defense has established for the space-
based laser program.
(e) Revised Program Baseline.--The Secretary, in consultation with
the space-based laser joint venture team, shall promptly revise the
space-based laser program baseline to reflect the requirements of this
section.
(f) Funds Available for Ballistic Missile Defense Organization
Execution.--Of the amounts authorized to be appropriated under section
201(4), $75,000,000 shall be available for the space-based laser
program. Amounts made available under this subsection may be
transferred to the Air Force for execution in support of the space-
based laser program.
(g) Funds Available for Air Force Execution.--Of the amounts
authorized to be appropriated under section 201(3), $88,840,000 shall
be available for the space-based laser program.
SEC. 224. AIRBORNE LASER PROGRAM.
(a) Modification of Program Definition and Risk Reduction
Aircraft.--The Secretary of the Air Force may not commence any
modification of the program definition and risk reduction aircraft for
the Airborne Laser program until the Secretary of Defense certifies to
Congress that he has determined that the commencement of the aircraft
modification according to the existing schedule is justified on the
basis of the results of test and analysis involving the following
activities:
(1) The North Oscura Peak dynamic test program.
(2) Scintillometry data collection and analysis.
(3) The lethality/vulnerability program.
(4) The countermeasures test and analysis effort.
(5) Reduction and analysis of other existing data.
(b) Authority-to-Proceed-2.--Before the Authority-to-Proceed-2 may
be approved for the Airborne Laser program, the Secretary of Defense
shall--
(1) ensure that the Secretary of the Air Force has
developed an appropriate plan for resolving the technical
challenges identified in the Airborne Laser Program Assessment;
(2) approve the plan; and
(3) submit a report on the plan to the congressional
defense committees.
(c) Milestone II Exit Criteria.--The Secretary of Defense shall
restructure the Airborne Laser program schedule and Milestone II exit
criteria to ensure that, prior to the making of a Milestone II decision
approving entry of the program into engineering and manufacturing
development--
(1) no modification of the engineering and manufacturing
development aircraft is begun;
(2) the program definition and risk reduction aircraft is
utilized in a robust series of flight tests that validates the
technical maturity of the Airborne Laser program and provides
sufficient information regarding the performance of the system
across the full range of its validated operational
requirements; and
(3) sufficient technical information is available to
determine whether adequate progress is being made in the
ongoing effort to address the operational issues identified in
the Airborne Laser Program Assessment.
(d) Airborne Laser Program Assessment Defined.--In this section,
the term ``Airborne Laser Program Assessment'' means the Assessment of
Technical and Operational Aspects of the Airborne Laser Program that
was submitted to Congress by the Secretary of Defense on March 9, 1999.
SEC. 225. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEFENSE
TECHNOLOGY FUNDING.
It is the sense of Congress that--
(1) because technology development provides the basis for
future weapon systems, it is important to maintain a healthy
funding balance between ballistic missile defense technology
development and ballistic missile defense acquisition programs;
(2) funding planned within the future years defense program
of the Department of Defense should be sufficient to support
the development of technology for future and follow-on
ballistic missile defense systems while simultaneously
supporting ballistic missile defense acquisition programs;
(3) the Secretary of Defense should seek to ensure that
funding in the future years defense program is adequate for
both advanced ballistic missile defense technology development
and for existing ballistic missile defense major defense
acquisition programs; and
(4) the Secretary should submit a report to the
congressional defense committees by March 15, 2000, on the
Secretary's plan for dealing with the matters identified in
this section.
SEC. 226. REPORT ON NATIONAL MISSILE DEFENSE.
Not later than March 15, 2000, the Secretary of Defense shall
submit to Congress the Secretary's assessment of the advantages or
disadvantages of a two-site deployment of a ground-based National
Missile Defense system, with special reference to considerations of the
worldwide ballistic missile threat, defensive coverage, redundancy and
survivability, and economies of scale.
SEC. 227. OPTIONS FOR AIR FORCE CRUISE MISSILES.
(a) Study.--(1) The Secretary of the Air Force shall conduct a
study of the options for meeting the requirements being met as of the
date of the enactment of this Act by the conventional air launched
cruise missile (CALCM) once the inventory of that missile has been
depleted. In conducting the study, the Secretary shall consider the
following options:
(A) Restarting of production of the conventional air
launched cruise missile.
(B) Acquisition of a new type of weapon with the same
lethality characteristics as those of the conventional air
launched cruise missile or improved lethality characteristics.
(C) Utilization of current or planned munitions, with
upgrades as necessary.
(2) The Secretary shall submit the results of this study to the
Armed Services Committees of the House and Senate by January 15, 2000,
so that the results might be--
(A) reflected in the budget for fiscal year 2001 submitted
to Congress under section 1105 of title 31, United States Code;
and
(B) reported to Congress as required under subsection (b).
(b) Report.--The report shall include a statement of how the
Secretary intends to meet the requirements referred to in subsection
(a)(1) in a timely manner as described in that subsection.
Subtitle D--Research and Development for Long-Term Military
Capabilities
SEC. 231. ANNUAL REPORT ON EMERGING OPERATIONAL CONCEPTS.
(a) Extension of Reporting Requirement.--Subsection (a) of section
1042 of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2642; 10 U.S.C. 113 note) is amended by
striking ``2000'' and inserting ``2002''.
(b) Identification of Technological Objectives for Research and
Development.--That section is further amended by adding at the end the
following new subsection:
``(c) Additional Matters To Be Included in Reports After 1999.--
Each report under this section after 1999 shall set forth the military
capabilities that are necessary for meeting national security
requirements over the next two to three decades, including--
``(1) the most significant strategic and operational
capabilities (including both armed force-specific and joint
capabilities) that are necessary for the Armed Forces to
prevail against the most dangerous threats, including
asymmetrical threats, that could be posed to the national
security interests of the United States by potential
adversaries from 2020 to 2030;
``(2) the key characteristics and capabilities of future
military systems (including both armed force-specific and joint
systems) that will be needed to meet each such threat; and
``(3) the most significant research and development
challenges that must be met, and the technological
breakthroughs that must be made, to develop and field such
systems.''.
SEC. 232. TECHNOLOGY AREA REVIEW AND ASSESSMENT.
Section 270(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2469; 10 U.S.C. 2501 note) is
amended to read as follows:
``(b) Technology Area Review and Assessment.--With the submission
of the plan under subsection (a) each year, the Secretary shall also
submit to the committees referred to in that subsection a summary of
each technology area review and assessment conducted by the Department
of Defense in support of that plan.''.
SEC. 233. REPORT BY UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
TECHNOLOGY.
(a) Requirement.--The Under Secretary of Defense for Acquisition
and Technology shall submit to the congressional defense committees a
report on the actions that are necessary to promote the research base
and technological development that will be needed for ensuring that the
Armed Forces have the military capabilities that are necessary for
meeting national security requirements over the next two to three
decades.
(b) Content.--The report shall include the actions that have been
taken or are planned to be taken within the Department of Defense to
ensure that--
(1) the Department of Defense laboratories place an
appropriate emphasis on revolutionary changes in military
operations and the new technologies that will be necessary to
support those operations;
(2) the Department helps sustain a high-quality national
research base that includes organizations attuned to the needs
of the Department, the fostering and creation of revolutionary
technologies useful to the Department, and the capability to
identify opportunities for new military capabilities in
emerging scientific knowledge;
(3) the Department can identify, provide appropriate
funding for, and ensure the coordinated development of joint
technologies that will serve the needs of more than one of the
Armed Forces;
(4) the Department can identify militarily relevant
technologies that are developed in the private sector, rapidly
incorporate those technologies into defense systems, and
effectively utilize technology transfer processes;
(5) the Department can effectively and efficiently manage
the transition of new technologies from the applied research
and advanced technological development stage through the
product development stage in a manner that ensures that maximum
advantage is obtained from advances in technology; and
(6) the Department's educational institutions for the
officers of the uniformed services incorporate into their
officer education and training programs, as appropriate,
materials necessary to ensure that the officers have the
familiarity with the processes, advances, and opportunities in
technology development that is necessary for making decisions
that ensure the superiority of United States defense technology
in the future.
SEC. 234. INCENTIVES TO PRODUCE INNOVATIVE NEW TECHNOLOGIES.
(a) Technical Risk and Profit Incentive.--The Department of Defense
profit guidelines established in subpart 215.9 of the Department of
Defense Supplement to the Federal Acquisition Regulation shall be
modified to place increased emphasis on technical risk as a factor for
determining appropriate profit margins and otherwise to provide an
increased profit incentive for contractors to develop and produce
complex and innovative new technologies, rather than to produce mature
technologies with low technical risk.
(b) Expiration of Authority.--This section shall cease to be
effective one year after the date on which the Secretary of Defense
publishes in the Federal Register final regulations modifying the
guidelines in accordance with subsection (a).
SEC. 235. DARPA COMPETITIVE PRIZES AWARD PROGRAM FOR ENCOURAGING
DEVELOPMENT OF ADVANCED TECHNOLOGIES.
(a) Authority.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2374 the following:
``Sec. 2374a. Prizes for advanced technology
``(a) Authority.--The Director of the Defense Advanced Research
Projects Agency may carry out a program to award prizes in recognition
of outstanding achievements in basic, advanced, and applied research,
technology development, and prototype development that have the
potential for application to the performance of the military missions
of the Department of Defense.
``(b) Competition Requirements.--The Director shall use a
competitive process for the selection of recipients of prizes under
this section. The process shall include the widely-advertised
solicitation of submissions of research results, technology
developments, and prototypes.
``(c) Form of Prize.--A prize awarded under this section shall be a
monetary award together with a trophy, plaque, or medal or other
emblem.
``(d) Limitations.--(1) The total amount made available for award
of cash prizes in a fiscal year may not exceed $10,000,000.
``(2) No prize competition may result in the award of more than
$1,000,000 in cash prizes without the approval of the Under Secretary
of Defense for Acquisition and Technology.
``(e) Relationship to Other Authority.--The Director may exercise
the authority under this section in conjunction with or in addition to
the exercise of any other authority of the Director to acquire,
support, or stimulate basic, advanced and applied research, technology
development, or prototype projects.
``(f) Annual Report.--Promptly after the end of each fiscal year,
the Director shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the administration
of the program for the fiscal year. The report shall include the
following:
``(1) The military applications of the research,
technology, or prototypes for which prizes were awarded.
``(2) The total amount of the prizes awarded.
``(3) The methods used for solicitation and evaluation of
submissions, together with an assessment of the effectiveness
of those methods.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2374 the following:
``2374a. Prizes for advanced technology.''.
SEC. 236. ADDITIONAL PILOT PROGRAM FOR REVITALIZING DEPARTMENT OF
DEFENSE LABORATORIES.
(a) Authority.--(1) The Secretary of Defense may carry out a pilot
program to demonstrate improved cooperative relationships with
universities and other private sector entities for the performance of
research and development functions. The pilot program under this
section is in addition to the pilot program carried out under section
246 of the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 1955: 10 U.S.C. 2358 note)
(2) Under the pilot program, the Secretary of Defense shall provide
the director of one science and technology laboratory, and the director
of one test and evaluation laboratory, of each military department with
authority for the following:
(A) To ensure that the defense laboratories can attract a
balanced workforce of permanent and temporary personnel with an
appropriate level of skills and experience, and can effectively
compete in hiring processes to obtain the finest scientific
talent.
(B) To develop or expand innovative methods of operation
that provide more defense research for each dollar of cost,
including to carry out such initiatives as focusing on the
performance of core functions and adopting more business-like
practices.
(C) To waive any restrictions not required by law that
apply to the demonstration and implementation of methods for
achieving the objectives in subparagraphs (A) and (B).
(3) In selecting the laboratories for participation in the pilot
program, the Secretary shall consider laboratories where innovative
management techniques have been demonstrated, particularly as
documented under sections 1115 through 1119 of title 31, United States
Code, relating to Government agency performance and results.
(4) The Secretary may carry out the pilot program at each selected
laboratory for a period of three years beginning not later than March
1, 2000.
(b) Report.--(1) Not later than March 1, 2000, the Secretary of
Defense shall submit a report on the implementation of the pilot
program to Congress. The report shall include the following:
(A) Each laboratory selected for the pilot program.
(B) To the extent possible, a description of the innovative
concepts that are to be tested at each laboratory or center.
(C) The criteria to be used for measuring the success of
each concept to be tested.
(2) Promptly after the expiration of the period for participation
of a laboratory in the pilot program, the Secretary of Defense shall
submit to Congress a final report on the participation of the
laboratory in the pilot program. The report shall contain the
following:
(A) A description of the concepts tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary
recommends on the basis of the experience at the laboratory
under the pilot program.
SEC. 237. EXEMPTION OF DEFENSE LABORATORY EMPLOYEES FROM CERTAIN
WORKFORCE MANAGEMENT RESTRICTIONS.
(a) Strength Management.--Section 342 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721) is amended by adding at the end the following new paragraph:
``(4) The employees of a laboratory covered by a personnel
demonstration project carried out under this section shall be exempt
from, and may not be counted for the purposes of, any constraint or
limitation in a statute or regulation in terms of man years, end
strength, full time equivalent positions, supervisory ratios, or
maximum number of employees in any category or categories of employment
that may otherwise be applicable to the employees. The employees shall
be managed by the director of the laboratory subject to the supervision
of the Under Secretary of Defense for Acquisition and Technology.''.
(b) Reductions in Force.--Notwithstanding any provision of law that
requires a reduction in the size of the defense acquisition workforce--
(1) the employees of a Department of Defense laboratory
shall not be considered as being included in that workforce for
the purpose of that provision of law; and
(2) the Secretary of Defense, in carrying out the reduction
under that provision of law, shall consider the size of the
required reduction as being lowered by--
(A) the percent determined by dividing (on the
basis of the equivalent of full-time employees) the
total number of employees in the defense acquisition
workforce as of the beginning of the reduction in force
into the number of laboratory employees that, except
for paragraph (1), would otherwise have been considered
as being in the workforce to be reduced under that
provision of law; or
(B) any other factor that the Secretary determines
as being a more appropriate measure for the adjustment.
SEC. 238. USE OF WORKING-CAPITAL FUNDS FOR FINANCING RESEARCH AND
DEVELOPMENT OF THE MILITARY DEPARTMENTS.
(a) Authority.--Section 2208 of title 10, United States Code, is
amended by adding at the end the following:
``(r) Research, Development, Test, and Evaluation.--(1) Working-
capital funds shall be used for financing all research, development,
test, and evaluation activities and programs of the military
departments.
``(2) The following transactions are authorized for the use of
working-capital funds for activities and programs described in
paragraph (1):
``(A) Acceptance of reimbursable orders from authorized
customers.
``(B) Crediting of working-capital funds, out of funds
available for a military department for research, development,
test, and evaluation or any other appropriate source of funds,
for goods and services provided to that military department.
``(3) The policies, procedures, and regulations of the Department
of Defense that are applicable to the use and management of Department
of Defense revolving funds shall be applied uniformly to all uses of
working-capital funds for financing the activities and programs
described in paragraph (1).''.
(b) Implementation.--(1) The Secretary of Defense shall amend the
Department of Defense Financial Management Regulation to ensure that
subsection (r)(3) of section 2208 of title 10, United States Code (as
added by subsection (a)), is fully implemented.
(2) Not later than April 1, 2000, and August 1, 2000, the Under
Secretary of Defense (Comptroller) shall submit to the Committees on
Armed Services of the Senate and the House of Representatives written
status reports on the progress made in implementing subsection (r) of
section 2208 of title 10, United States Code, as added by subsection
(a). Each status report shall, at a minimum, include the following:
(A) The schedule for completing the key actions necessary
for implementation.
(B) The progress made in the implementation by the military
departments and the other agencies of the Department of Defense
through the date of the report.
(C) Each delay and obstacle encountered in the
implementation, together with an explanation of the actions
taken in each such case to ensure timely implementation.
SEC. 239. EFFICIENT UTILIZATION OF DEFENSE LABORATORIES.
(a) Analysis by Independent Panel.--(1) Not later than 45 days
after the date of the enactment of this Act, the Secretary of Defense
shall convene a panel of independent experts under the auspices of the
Defense Science Board to conduct an analysis of the resources and
capabilities of all of the laboratories and test and evaluation
facilities of the Department of Defense, including those of the
military departments. In conducting the analysis, the panel shall
identify opportunities to achieve efficiency and reduce duplication of
efforts by consolidating responsibilities by area or function or by
designating lead agencies or executive agents in cases considered
appropriate. The panel shall report its findings to the Secretary of
Defense and to Congress not later than August 1, 2000.
(2) The analysis required by paragraph (1) shall, at a minimum,
address the capabilities of the laboratories and test and evaluation
facilities in the areas of air vehicles, armaments, command, control,
communications, and intelligence, space, directed energy, electronic
warfare, medicine, corporate laboratories, civil engineering,
geophysics, and the environment.
(b) Performance Review Process.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
develop an appropriate performance review process for rating the
quality and relevance of work performed by the Department of Defense
laboratories. The process shall include customer evaluation and peer
review by Department of Defense personnel and appropriate experts from
outside the Department of Defense. The process shall provide for rating
all laboratories of the Army, Navy, and Air Force on a consistent
basis.
Subtitle E--Other Matters
SEC. 251. REPORT ON AIR FORCE DISTRIBUTED MISSION TRAINING.
(a) Requirement.--The Secretary of the Air Force shall submit to
Congress, not later than January 31, 2000, a report on the Air Force
Distributed Mission Training program.
(b) Content of Report.--The report shall include a discussion of
the following:
(1) The progress that the Air Force has made to demonstrate
and prove the Air Force Distributed Mission Training concept of
linking geographically separated, high-fidelity simulators to
provide a mission rehearsal capability for Air Force units, and
any units of any of the other Armed Forces as may be necessary,
to train together from their home stations.
(2) The actions that have been taken or are planned to be
taken within the Department of the Air Force to ensure that--
(A) an independent study of all requirements,
technologies, and acquisition strategies essential to
the formulation of a sound Distributed Mission Training
program is under way; and
(B) all Air Force laboratories and other Air Force
facilities necessary to the research, development,
testing, and evaluation of the Distributed Mission
Training program have been assessed regarding the
availability of the necessary resources to demonstrate
and prove the Air Force Distributed Mission Training
concept.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Amounts Authorized.--Funds are hereby authorized to be
appropriated for fiscal year 2000 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, $18,340,094,000.
(2) For the Navy, $22,182,615,000.
(3) For the Marine Corps, $2,612,529,000.
(4) For the Air Force, $20,342,403,000.
(5) For Defense-wide activities, $10,963,033,000.
(6) For the Army Reserve, $1,376,813,000.
(7) For the Naval Reserve, $927,347,000.
(8) For the Marine Corps Reserve, $125,766,000.
(9) For the Air Force Reserve, $1,726,837,000.
(10) For the Army National Guard, $2,912,249,000.
(11) For the Air National Guard, $3,119,518,000.
(12) For the Defense Inspector General, $138,244,000.
(13) For the United States Court of Appeals for the Armed
Forces, $7,621,000.
(14) For Environmental Restoration, Army, $378,170,000.
(15) For Environmental Restoration, Navy, $284,000,000.
(16) For Environmental Restoration, Air Force,
$376,800,000.
(17) For Environmental Restoration, Defense-wide,
$25,370,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $239,214,000.
(19) For Overseas Humanitarian, Demining, and CINC
Initiatives, $55,800,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $745,265,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(22) For Medical Programs, Defense, $10,453,487,000.
(23) For Cooperative Threat Reduction programs,
$475,500,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,387,600,000.
(25) For Combating Terrorism Activities Transfer Fund,
$1,954,430,000.
(26) For quality of life enhancements, $1,845,370,000.
(27) For defense transfer programs, $31,000,000.
(b) General Limitation.--Notwithstanding paragraphs (1) through
(27) of subsection (a), the total amount authorized to be appropriated
for fiscal year 2000 under those paragraphs is $104,042,075,000.
SEC. 302. WORKING-CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2000
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 Army Working-Capital Fund, $62,344,000.
(2) For the Defense Working-Capital Fund, Air Force,
$28,000,000.
(3) For the National Defense Sealift Fund, $394,700,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2000
from the Armed Forces Retirement Home Trust Fund the sum of $68,295,000
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 2000 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.
SEC. 305. OPERATIONAL METEOROLOGY AND OCEANOGRAPHY AND UNOLS.
Of the funds authorized to be appropriated in section 301(a), an
additional $10,000,000 may be expended for Operational Meteorology and
Oceanography and UNOLS.
SEC. 306. ARMED FORCES EMERGENCY SERVICES.
Of the funds in section 301(a)(5), $23,000,000 shall be made
available to the American Red Cross to fund the Armed Forces Emergency
Services.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. NATO COMMON-FUNDED MILITARY BUDGET.
Of the amount authorized to be appropriated pursuant to section
301(a)(1) for operation and maintenance for the Army, $216,400,000
shall be available for contributions for the common-funded Military
Budget of the North Atlantic Treaty Organization.
SEC. 312. USE OF HUMANITARIAN AND CIVIC ASSISTANCE FUNDING FOR PAY AND
ALLOWANCES OF SPECIAL OPERATIONS COMMAND RESERVES
FURNISHING DEMINING TRAINING AND RELATED ASSISTANCE AS
HUMANITARIAN ASSISTANCE.
Section 401(c) of title 10, United States Code, is amended by
adding at the end the following:
``(5) Up to 5 percent of the funds available in any fiscal year for
humanitarian and civic assistance described in subsection (e)(5) may be
expended for the pay and allowances of reserve component personnel of
the Special Operations Command for periods of duty for which the
personnel, for a humanitarian purpose, furnish education and training
on the detection and clearance of landmines or furnish related
technical assistance.''.
SEC. 313. NATIONAL DEFENSE FEATURES PROGRAM.
Section 2218 of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l);
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Contracts for Incorporation of Defense Features in Commercial
Vessels.--(1) The head of any agency, after making a determination of
the economic soundness of an offer to do so, may enter into a contract
with the offeror for the offeror to install and maintain defense
features for national defense purposes in one or more commercial
vessels owned or controlled by the offeror in accordance with the
purpose for which funds in the National Defense Sealift Fund are
available under subsection (c)(1)(C).
``(2) The head of an agency may make advance payments to the
contractor under the contract in one lump sum, annual payments, or any
combination thereof for costs associated with the installation and
maintenance of the defense features on one or more commercial vessels,
as follows:
``(A) The costs to build, procure, and install any defense
feature in a vessel.
``(B) The costs to maintain and test any defense feature on
a vessel periodically.
``(C) Any increased costs of operation or any loss of
revenue attributable to the installation or maintenance of any
defense feature on a vessel.
``(D) Any additional costs associated with the terms and
conditions of the contract.
``(3) For any contract under which the United States provides
advance payments for the costs associated with installation or
maintenance of any defense feature on a commercial vessel, the
contractor shall provide to the United States any security interest in
the vessel, by way of a preferred mortgage under section 31322 of title
46 or otherwise, that the head of the agency prescribes in order
adequately to protect the United States against loss for the total
amount of those costs.
``(4) Each contract entered into under this subsection shall--
``(A) set forth terms and conditions under which, so long
as a vessel covered by the contract is owned or controlled by
the contractor, the contractor is to operate the vessel for the
Department of Defense notwithstanding any other contract or
commitment of that contractor; and
``(B) provide that the contractor operating the vessel for
the Department of Defense shall be paid for that operation at
fair and reasonable rates.
``(5) The head of an agency may not delegate authority under this
subsection to any person in a position below the level of head of a
procuring activity.''; and
(3) by adding at the end of subsection (l), as redesignated
by paragraph (1), the following:
``(5) The term `head of an agency' has the meaning given
the term in section 2302(1) of this title.''.
SEC. 314. ADDITIONAL AMOUNTS FOR DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES.
(a) Authorization of Additional Amount.--Notwithstanding any other
provision of this Act, the amount authorized to be appropriated by
section 301(a)(20) is hereby increased by $59,200,000.
(b) Use of Additional Amounts.--Of the amounts authorized to be
appropriated by section 301(a)(20), as increased by subsection (a) of
this section, funds shall be available in the following amounts for the
following purposes:
(1) $6,000,000 shall be available for Operation Caper
Focus.
(2) $17,500,000 shall be available for a Relocatable Over
the Horizon (ROTHR) capability for the Eastern Pacific based in
the continental United States.
(3) $2,700,000 shall be available for forward looking
infrared radars for P-3 aircraft.
(4) $8,000,000 shall be available for enhanced intelligence
capabilities.
(5) $5,000,000 shall be used for Mothership Operations.
(6) $20,000,000 shall be used for National Guard State
plans.
Subtitle C--Environmental Provisions
SEC. 321. ENVIRONMENTAL TECHNOLOGY MANAGEMENT.
(a) Purposes.--The purposes of this section are--
(1) to hold the Department of Defense and the military
departments accountable for achieving performance-based results
in the management of environmental technology by providing a
connection between program direction and the achievement of
specific performance-based results;
(2) to assure the identification of end-user requirements
for environmental technology within the military departments;
(3) to assure results, quality of effort, and appropriate
levels of service and support for end-users of environmental
technology within the military departments; and
(4) to promote improvement in the performance of
environmental technologies by establishing objectives for
environmental technology programs, measuring performance
against such objectives, and making public reports on the
progress made in such performance.
(b) Environmental Technology Management.--Chapter 139 of title 10,
United States Code, is amended by inserting after section 2358 the
following new section:
``Sec. 2358a. Research and development: environmental technology
``(a) Management of Research and Development.--The Secretary of
Defense shall provide in accordance with this section for the
management of projects engaged in under section 2358 of this title for
the research, development, and evaluation of environmental technologies
for the Department of Defense and the military departments.
``(b) Responsibilities of Secretary of Defense.--The Secretary of
Defense shall--
``(1) establish guidelines for the development by the
Department of Defense and the military departments of an
investment control process for the selection, management, and
evaluation of environmental technologies within the Department
of Defense;
``(2) develop a strategic plan for the development of
environmental technologies within the Department of Defense
which shall specify goals and objectives for the development of
environmental technologies within the Department and provide
specific mechanisms for assuring the achievement of such goals
and objectives;
``(3) establish guidelines for use by the officials
concerned in preparing the annual performance plans and
performance reports required by this section;
``(4) determine the feasibility of permitting such
officials to develop quantifiable and measurable performance
objectives for particular environmental technology projects;
and
``(5) if the Secretary determines that the development of
performance objectives for particular technology projects by
the officials referred to in that paragraph is not feasible,
establish a schedule for meeting the performance plan
requirements set forth in subsection (c).
``(c) Responsibilities Within Department of Defense.--(1) Each
official concerned shall--
``(A) develop and implement an investment control process
for the selection, management, and evaluation of environmental
technologies by the department or agencies; and
``(B) establish at the beginning of each fiscal year a
performance plan for the environmental technology program of
the department or agencies.
``(2) An investment control process under paragraph (1)(A) shall
include, for the department or agency concerned, mechanisms--
``(A) to ensure the identification of end-user requirements
for environmental technologies;
``(B) to prioritize such requirements within the context of
funding constraints and the overall environmental technology
requirements of the Department of Defense;
``(C) to avoid duplication and overlap in the research and
development of environmental technologies both within the
Department of Defense and between the Department of Defense and
other public and private entities and persons;
``(D) to provide for the conduct of performance-based
reviews of environmental technologies that take into account
end-user evaluations of such technologies and permit a
measurement of return on investments in such technologies;
``(E) to ensure that the environmental technology effort
responds in an appropriate manner to end-user requirements,
program and funding priorities and constraints, and the reviews
conducted pursuant to subparagraph (D); and
``(F) to ensure appropriate protection of United States
interests in any intellectual property rights associated with
environmental technologies developed by or with the assistance
of the department or agencies concerned.
``(3) A performance plan under paragraph (1)(B) for the
environmental technology program of a department or agency for a fiscal
year shall--
``(A) unless the Secretary of Defense determines that it is
not feasible under subsection (b)(5), establish performance
objectives for each environmental technology project under the
program for the fiscal year based on end-user requirements and
program priorities under the program, and express such
objectives in a quantifiable and measurable form;
``(B) provide a basis for comparing the actual results of
each project at the end of the fiscal year with the performance
objectives for the project for the fiscal year;
``(C) establish means to validate the achievement of
performance objectives for each project or to specify the
extent to which such validation is not possible;
``(D) establish performance indicators for purposes of
measuring or assessing relevant outputs and outcomes for each
project for the fiscal year; and
``(E) establish mechanisms for determining the operational
processes, skills and technology, human capital, information,
or other resources necessary to meet the performance objectives
for each project for the fiscal year.
``(d) Annual Report.--(1) Not later than March 31 each year, the
Secretary of Defense shall submit to Congress, at the same time as the
Secretary submits the report required by section 2706(b) of this title,
a report on the environmental technology program of the Department of
Defense during the preceding fiscal year.
``(2) Each report under paragraph (1) shall, with respect to each
project under the environmental technology program of the Department--
``(A) set forth the performance objectives established for
the project for the fiscal year under subsection (c)(3) and
assess the performance achieved with respect to the project in
light of performance indicators for the project;
``(B) describe the extent to which the project met the
performance objectives established for the project for the
fiscal year;
``(C) if a project did not meet the performance objectives
for the project for the fiscal year, include--
``(i) an explanation for the failure of the project
to meet the performance objectives; and
``(ii) either--
``(I) a modified schedule for meeting the
performance objectives; or
``(II) in the case of any performance
objective determined to be impracticable or
infeasible to meet, a statement of alternative
actions to be taken with respect to the
project; and
``(D) set forth the level of effort, including the funds
obligated and expended, in the fiscal year for the achievement
of each performance objective for the project.
``(e) Official Concerned Defined.--In this section, the term
`official concerned' means the following:
``(1) The Deputy Under Secretary of Defense (Environmental
Security), with respect to the environmental technology program
of the Defense Agencies.
``(2) The Deputy Assistant Secretary of the Army for
Environment, Safety, and Occupational Health, with respect to
the environmental technology program of the Army or any
environmental program technology for which the Army is the
executive agent.
``(3) The Deputy Assistant Secretary of the Navy
(Environment and Safety), with respect to the environmental
technology program of the Navy or any environmental technology
program for which the Navy is the executive agent.
``(4) The Deputy Assistant Secretary of the Air Force
(Environment, Safety, and Occupational Health), with respect to
the environmental technology program of the Air Force or any
environmental technology program for which the Air Force is the
executive agent.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by inserting after the item
relating to section 2358 the following new item:
``2358a. Research and development: environmental technology.''.
SEC. 322. ESTABLISHMENT OF ENVIRONMENTAL RESTORATION ACCOUNTS FOR
INSTALLATIONS CLOSED OR REALIGNED UNDER THE BASE CLOSURE
LAWS AND FOR FORMERLY USED DEFENSE SITES.
(a) Account for Formerly Used Defense Sites.--Subsection (a) of
section 2703 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) An account to be known as the `Environmental
Restoration Account, Army, Formerly Used Defense Sites'.''.
(b) Account for Defense Base Closure and Realignment.--That
subsection is further amended by adding at the end the following new
paragraph:
``(6) An account to be known as the `Environmental
Restoration Account, Defense Base Closure and Realignment'.''.
(c) Use of Funds in Base Closure and Realignment Account.--(1)
Subsection (b) of that section is amended--
(A) by striking ``Funds authorized'' and inserting ``(1)
Except as provided in paragraph (2), funds authorized''; and
(B) by adding at the end the following:
``(2)(A) Funds authorized for deposit in the Environmental
Restoration Account, Defense Base Closure and Realignment established
under subsection (a)(6) may be obligated and expended from the account
only for carrying out environmental restoration required as the result
of the closure or realignment of military installations pursuant to a
base closure law. Such funds shall be the exclusive source of funds for
such environmental restoration.
``(B) For purposes of this paragraph, the term `base closure law'
means the following:
``(i) Section 2687 of this title.
``(ii) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(iii) Title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).''.
(2) Section 2906 of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by striking subsection (e).
(d) Transfer of BRAC Environmental Restoration Funds.--The
Secretary of Defense shall transfer from the Department of Defense Base
Closure Account 1990 established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) to the Environmental Restoration Account,
Defense Base Closure and Realignment established by section 2703(a)(6)
of title 10, United States Code (as amended by subsection (b)), such
portion of the unobligated balance in the Department of Defense Base
Closure Account 1990 as of October 1, 2000, as the Secretary determines
necessary to carry out environmental restoration in accordance with
section 2703(b)(2) of title 10, United States Code (as amended by
subsection (c)(1)).
(e) Funding of Administrative Expenses and Technical Assistance.--
Section 2705(g) of title 10, United States Code, is amended to read as
follows:
``(g) Funding.--(1) Except as provided in paragraph (2), funds in
the accounts established by section 2703(a) of this title shall be
available for administrative expenses and technical assistance under
this section.
``(2) Funds in the account established by section 2703(a)(6) of
this title shall be available for administrative expenses and technical
assistance under this section with respect to an installation approved
for closure or realignment under a base closure law only to the extent
that the base closure law under which the installation is being closed
or realigned provides for the funding of environmental restoration at
the installation from an account established for purposes of carrying
out the closure or realignment of installations.''.
(f) Effective Date.--(1) Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect on
the date of the enactment of this Act.
(2) The amendments made by subsections (b) and (c) shall take
effect on October 1, 2000.
SEC. 323. EXTENSION OF LIMITATION ON PAYMENT OF FINES AND PENALTIES
USING FUNDS IN ENVIRONMENTAL RESTORATION ACCOUNTS.
Section 2703(e) of title 10, United States Code, is amended by
striking ``through 1999,'' both places it appears and inserting
``through 2010,''.
SEC. 324. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORTS ON
ENVIRONMENTAL COMPLIANCE ACTIVITIES.
(a) Modification of Requirements.--Subsection (b) of section 2706
of title 10, United States Code, is amended to read as follows:
``(b) Report on Environmental Quality Programs and Other
Environmental Activities.--(1) The Secretary of Defense shall submit to
Congress each year, not later than 45 days after the date on which the
President submits to Congress the budget for a fiscal year, a report on
the progress made in carrying out activities under the environmental
quality programs of the Department of Defense and the military
departments.
``(2) Each report shall include the following:
``(A) A description of the environmental quality program of
the Department of Defense, and of each of the military
departments, during the period consisting of the four fiscal
years preceding the fiscal year in which the report is
submitted, the fiscal year in which the report is submitted,
and the fiscal year following the fiscal year in which the
report is submitted, including--
``(i) for each of the major activities under the
program--
``(I) the amount expended, or proposed to
be expended, in each fiscal year of the period;
``(II) an explanation for any significant
change in the aggregate amount to be expended
in the fiscal year in which the report is
submitted, and in the following fiscal year,
when compared with the fiscal year preceding
each such fiscal year; and
``(III) an assessment of the manner in
which the scope of the activities have changed
over the course of the period; and
``(ii) a summary of the major achievements of the
program and of any major problems with the program.
``(B) A list of the planned or ongoing projects necessary
to support the environmental quality program of the Department
of Defense, and of each of the military departments, during the
period described in subparagraph (A) the cost of which has
exceeded or is anticipated to exceed $1,500,000, including--
``(i) a separate list of the projects inside the
United States and of the projects outside the United
States;
``(ii) for each project commenced during the first
four fiscal years of the period--
``(I) the amount specified in the initial
budget request for the project;
``(II) the aggregate amount allocated to
the project through the fiscal year preceding
the fiscal year in which the report is
submitted; and
``(III) the aggregate amount obligated for
the project through that fiscal year;
``(iii) for each project commenced or to be
commenced in the fiscal year in which the report is
submitted--
``(I) the amount specified for the project
in the budget for the fiscal year; and
``(II) the amount allocated to the project
in the fiscal year;
``(iv) for each project to be commenced in the last
fiscal year of the period, the amount, if any,
specified for the project in the budget for the fiscal
year; and
``(v) if the anticipated aggregate cost of any
project covered by the report will exceed by more than
25 percent the amount specified in the initial budget
request for such project, a justification for that
variance.
``(C) A statement of the fines and penalties imposed or
assessed against the Department of Defense and the military
departments under Federal, State, or local environmental laws
during the fiscal year in which the report is submitted and the
four preceding fiscal years, setting forth--
``(i) each Federal environmental statute under
which a fine or penalty was imposed or assessed during
each such fiscal year;
``(ii) with respect to each such Federal statute--
``(I) the aggregate amount of fines and
penalties imposed under the statute during each
such fiscal year;
``(II) the aggregate amount of fines and
penalties paid under the statute during each
such fiscal year; and
``(III) the total amount required during
such fiscal years for supplemental
environmental projects in lieu of the payment
of a fine or penalty under the statute and the
extent to which the cost of such projects
during such fiscal years has exceeded the
original amount of the fine or penalty; and
``(iii) the amount of fines and penalties imposed
or assessed during each such fiscal year with respect
to each military installation inside and outside the
United States.
``(D) A statement of the amounts expended, and anticipated
to be expended, during the period described in subparagraph (A)
for any activities overseas relating to the environment,
including amounts for activities relating to environmental
remediation, compliance, conservation, pollution prevention,
and environmental technology and amounts for conferences,
meetings, and studies for pilot programs, and for travel
related to such activities.''.
(b) Conforming Repeal.--That section is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(c) Definitions.--Subsection (d) of that section, as redesignated
by subsection (b)(2) of this section, is amended by adding at the end
the following:
``(4) The term `environmental quality program' means a
program of activities relating to environmental compliance,
conservation, pollution prevention, environmental technology,
and such other activities relating to environmental quality as
the Secretary concerned may designate for purposes of the
program.
``(5) The term `major activities', with respect to an
environmental quality program, means the following activities
under the program:
``(A) Environmental compliance activities.
``(B) Conservation activities.
``(C) Pollution prevention activities.
``(D) Activities relating to environmental
technology.''.
SEC. 325. MODIFICATION OF MEMBERSHIP OF STRATEGIC ENVIRONMENTAL
RESEARCH AND DEVELOPMENT PROGRAM COUNCIL.
Section 2902(b)(1) of title 10, United States Code, is amended by
striking ``Director of Defense Research and Engineering'' and inserting
``Deputy Under Secretary of Defense for Science and Technology''.
SEC. 326. EXTENSION OF PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
Section 351(a)(2) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1692; 10 U.S.C. 2701
note) is amended by striking ``beginning on the date of the enactment
of this Act and ending two years after such date'' and inserting
``beginning on November 18, 1997, and ending on September 30, 2001''.
SEC. 327. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH FRESNO DRUM SUPERFUND SITE,
FRESNO, CALIFORNIA.
(a) Authority.--The Secretary of Defense may pay, using funds
described in subsection (b), to the Fresno Drum Special Account within
the Hazardous Substance Superfund established by section 9507 of the
Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the
Environmental Protection Agency for costs incurred by the Agency for
actions taken under CERCLA at the Fresno Industrial Supply, Inc., site
in Fresno, California, the following amounts:
(1) Not more than $778,425 for past response costs incurred
by the Agency.
(2) The amount of the costs identified as ``interest''
costs pursuant to the agreement known as the ``CERCLA Section
122(h)(1) Agreement for Payment of Future Response Costs and
Recovery of Past Response Costs In the Matter of: Fresno
Industrial Supply Inc. Site, Fresno, California'' that was
entered into by the Department of Defense and the Environmental
Protection Agency on May 22, 1998.
(b) Source of Funds for Payment.--(1) Subject to paragraph (2), any
payment under subsection (a) shall be made using the following amounts:
(A) Amounts authorized to be appropriated by section 301 to
the Environmental Restoration Account, Defense, established by
section 2703(a)(1) of title 10, United States Code.
(B) Amounts authorized to be appropriated by section 301 to
the Environmental Restoration Account, Army, established by
section 2703(a)(2) of that title.
(C) Amounts authorized to be appropriated by section 301 to
the Environmental Restoration Account, Navy, established by
section 2703(a)(3) of that title.
(D) Amounts authorized to be appropriated by section 301 to
the Environmental Restoration Account, Air Force, established
by section 2703(a)(4) of that title.
(2) The portion of a payment under paragraph (1) that is derived
from any account referred to in that paragraph shall bear the same
ratio to the total amount of such payment as the amount of the
hazardous substances at the Fresno Industrial Supply, Inc., site that
are attributable to the department concerned bears to the total amount
of the hazardous substances at that site.
(c) CERCLA Defined.--In this section, the term ``CERCLA'' means the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
SEC. 328. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER CERCLA IN
CONNECTION WITH F.E. WARREN AIR FORCE BASE, WYOMING.
(a) Authority.--The Secretary of the Air Force may pay, using funds
described in subsection (b), not more than $20,000 as payment of
stipulated civil penalties assessed on January 13, 1998, against F.E.
Warren Air Force Base, Wyoming, under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(b) Source of Funds for Payment.--Any payment under subsection (a)
shall be made using amounts authorized to be appropriated by section
301 to the Environmental Restoration Account, Air Force, established by
section 2703(a)(4) of title 10, United States Code.
SEC. 329. PROVISION OF INFORMATION AND GUIDANCE TO THE PUBLIC REGARDING
ENVIRONMENTAL CONTAMINATION AT UNITED STATES MILITARY
INSTALLATIONS FORMERLY OPERATED BY THE UNITED STATES THAT
HAVE BEEN CLOSED.
(a) Disclosure.--
(1) Requirement to provide information and guidance.--The
Secretary of Defense shall publicly disclose existing,
available information relevant to a foreign nation's
determination of the nature and extent of environmental
contamination, if any, at a site in that foreign nation where
the United States operated a military base, installation, and
facility that has been closed as of the date of enactment of
this Act.
(2) Congressional list.--Not later than September 30, 2000,
the Secretary of Defense shall provide Congress a list of
information made public pursuant to paragraph (1).
(b) Limitation.--The requirement to provide information and
guidance under subsection (a) may not be construed to establish on the
part of the United States any liability or obligation for the costs of
environmental restoration or remediation at any site referred to in
subsection (a).
(c) National Security.--Information the Secretary of Defense
believes could adversely affect United States National Security shall
not be released pursuant to this provision.
SEC. 330. ORDNANCE MITIGATION STUDY.
(a) The Secretary of Defense is directed to undertake a study and
is authorized to remove ordnance infiltrating the Federal navigation
channel and adjacent shorelines of the Toussaint River.
(b) The Secretary shall report to the congressional defense
committees and the Senate Committee on Environment and Public Works on
long-term solutions and costs related to the removal of ordnance in the
Toussaint River, Ohio. The Secretary shall also evaluate any ongoing
use of Lake Erie as an ordnance firing range and justify the need to
continue such activities by the Department of Defense or its
contractors. The Secretary shall report not later than April 1, 2000.
(c) This provision shall not modify any responsibilities and
authorities provided in the Water Resources Development Act of 1986, as
amended (Public Law 99-662).
(d) The Secretary is authorized to use any funds available to the
Secretary to carry out the authority provided in subsection (a).
Subtitle D--Other Matters
SEC. 341. EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391(f) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 104-85; 111 Stat. 1716; 10 U.S.C. 2304 note) is
amended by striking ``September 30, 1999'' and inserting ``September
30, 2000''.
SEC. 342. ADDITIONAL MATTERS TO BE REPORTED BEFORE PRIME VENDOR
CONTRACT FOR DEPOT-LEVEL MAINTENANCE AND REPAIR IS
ENTERED INTO.
Section 346(a) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C.
2464 note) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) contains an analysis of the extent to which the
contract conforms to the requirements of section 2466 of title
10, United States Code; and
``(4) describes the measures taken to ensure that the
contract does not violate the core logistics policies,
requirements, and restrictions set forth in section 2464 of
that title.''.
SEC. 343. IMPLEMENTATION OF JOINTLY APPROVED CHANGES IN DEFENSE RETAIL
SYSTEMS.
(a) Recommendations of Joint Exchange Due Diligence Study.--
Subsection (c) of section 367 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1987; 10 U.S.C. 2482 note) is amended by striking ``may not be
implemented unless implementation of the recommendation'' and inserting
``may be implemented only if implementation of the recommendation is
approved by all of the Secretaries of the military departments or''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by striking ``The operation'' and inserting ``Except as
provided in subsection (c), the operation''.
SEC. 344. WAIVER OF REQUIRED CONDITION FOR SALES OF ARTICLES AND
SERVICES OF INDUSTRIAL FACILITIES TO PURCHASERS OUTSIDE
THE DEPARTMENT OF DEFENSE
(a) Sales to Defense Contractors.--Section 2208(j) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(j)''; and
(3) by adding at the end the following:
``(2) Waiver Authority.--The Secretary of Defense may waive the
requirement for the conditions in paragraph (1) in the case of a
particular sale if the Secretary determines that the waiver is
necessary for reasons of national security and notifies Congress
regarding the reasons for the waiver.''.
(b) Sales to Purchasers Generally.--Section 2553 of title 10,
United States Code, is amended--
(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Waiver Authority.--The Secretary of Defense may waive the
requirement for the condition in subsections (a)(1) and (c)(1) in the
case of a particular sale if the Secretary determines that the waiver
is necessary for reasons of national security and notifies Congress
regarding the reasons for the waiver.''.
SEC. 345. ELIGIBILITY TO RECEIVE FINANCIAL ASSISTANCE AVAILABLE FOR
LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
DEPARTMENT OF DEFENSE PERSONNEL.
Section 386(c)(1) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note) is amended
by striking ``in that fiscal year are'' and inserting ``during the
preceding school year were''.
SEC. 346. USE OF SMART CARD TECHNOLOGY IN THE DEPARTMENT OF DEFENSE.
(a) Leadership, Planning, and Execution of Smart Card Program.--(1)
Not later than October 1, 1999, the Secretary of Defense shall
designate the Department of the Navy to be the lead agency for the
development and implementation of a Smart Card program for the
Department of Defense effective as of the date of the designation.
(2) The Secretary of Defense shall direct the Secretary of the Army
and the Secretary of the Air Force to establish Smart Card project
offices for the Department of the Army and the Department of the Air
Force, respectively, not later than November 30, 1999. The designated
offices shall coordinate closely with the lead agency to develop
implementation plans for exploiting the capability of Smart Card
technology as a means for enhancing readiness and improving business
processes throughout the military departments.
(3) Not later than November 30, 1999, the Secretary of Defense
shall establish a senior coordinating group chaired by a representative
of the Secretary of the Navy. The group shall include senior
representatives from each of the Armed Forces. The senior coordinating
group shall develop and implement Department-wide interoperability
standards for use of Smart Card technology and a plan to exploit Smart
Card technology as a means for enhancing readiness and improving
business processes.
(4) The Secretary of the Army and the Secretary of the Air Force,
in coordination with the Secretary of the Navy, shall each develop and
implement a program to demonstrate the benefits of Smart Card
technology in the Army and the Air Force, respectively.
(b) Increased Use Targeted to Certain Naval Regions.--Not later
than November 30, 1999, the Secretary of the Navy shall establish a
business plan to implement the use of Smart Cards in one major Naval
region of the continental United States that is in the area of
operations of the United States Atlantic Command and one major Naval
region of the continental United States that is in the area of
operations of the United States Pacific Command. The regions selected
shall include a major fleet concentration area. The implementation of
the use of Smart Cards in each region shall cover the Navy and Marine
Corps bases and all non-deployed units in the region. The Secretary of
the Navy shall submit the business plan to the congressional defense
committees.
(c) Funding for Increased Use of Smart Cards.--(1) Of the funds
authorized to be appropriated for the Navy for fiscal year 2000 under
section 102(a)(4) or 301(a)(2), the Secretary of the Navy--
(A) shall allocate sufficient amounts, up to $30,000,000,
for ensuring that significant progress is made toward complete
implementation of the use of Smart Card technology in the
Department of the Navy; and
(B) may allocate additional amounts for the conversion of
paper-based records to electronic media for records systems
that have been modified to use Smart Card technology.
(2) Of the funds authorized to be appropriated under section
301(a)(1), up to $5,000,000 shall be available for Army demonstration
programs under subsection (a)(4). Of the funds authorized to be
appropriated under section 301(a)(4), up to $5,000,000 shall be
available for Air Force demonstration programs under subsection (a)(4).
(d) Report.--Not later than March 31, 2000, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing a detailed
discussion of the progress made by the senior coordinating group in
carrying out its duties under subsection (a)(3).
(e) Definitions.--In this section:
(1) The term ``Smart Card'' means a credit card-size
device, normally for carrying and use by personnel, that
contains one or more integrated circuits and may also employ
one or more of the following technologies:
(A) Magnetic stripe.
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency transmitters.
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The term ``Smart Card technology'' means a Smart Card
together with all of the associated information technology
hardware and software that comprise the system for support and
operation.
(f) Repeal of Requirement for Automated Identification Technology
Office.--Section 344(b) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1977; 10 U.S.C. 113 note) is repealed.
SEC. 347. STUDY ON USE OF SMART CARD AS PKI AUTHENTICATION DEVICE
CARRIER FOR THE DEPARTMENT OF DEFENSE.
(a) Study Required.--The Secretary of Defense shall conduct a study
to determine the potential benefits of Department of Defense use of the
Smart Card for addressing the need of the Department of Defense for a
Public-Private Key Infrastructure (PKI) authentication device carrier.
(b) Report.--Not later than January 31, 2000, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the study. The report
shall include the Secretary's findings and any recommendations that the
Secretary considers appropriate regarding Department of Defense use of
the Smart Card for addressing the need identified in subsection (a).
(c) Definitions.--In this section:
(1) The term ``Smart Card'' means a credit card-size
device, normally for carrying and use by personnel, that
contains one or more integrated circuits and may also employ
one or more of the following technologies:
(A) Magnetic stripe.
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency transmitters.
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The term ``Public-Private Key Infrastructure (PKI)
authentication device carrier'' means a device that physically
stores, carries, and employs electronic authentication or
encryption keys necessary to create a unique digital signature,
digital certificate, or other mark on an electronic document or
file.
SEC. 348. REVISION OF AUTHORITY TO DONATE CERTAIN ARMY MATERIEL FOR
FUNERAL CEREMONIES.
(a) Authority.--Section 4683 of title 10, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by striking ``lend obsolete or condemned rifles
(not more than 10)'' and inserting ``conditionally lend
or donate excess M1 rifles (not more than 15)''; and
(B) by striking ``any local unit of any national
veterans' organization recognized by the Department of
Veterans Affairs, for use by that unit'' and inserting
``a unit or other organization of honor guards
recognized by the Secretary of the Army as honor guards
for a national cemetery, a law enforcement agency, or a
local unit of any organization that, as determined by
the Secretary of the Army, is a nationally recognized
veterans' organization, for use by that unit,
organization, or agency''; and
(2) by adding at the end the following:
``(c) Conditions on Donations.--In lending or donating rifles under
subsection (a), the Secretary of the Army may impose any condition on
the use of the rifles that the Secretary considers appropriate.''.
(b) Technical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Authority.--'' after
``(a)''; and
(2) in subsection (b), by inserting ``Relief From
Liability.--'' after ``(b)''.
SEC. 349. MODIFICATION OF LIMITATION ON FUNDING ASSISTANCE FOR
PROCUREMENT OF EQUIPMENT FOR THE NATIONAL GUARD FOR DRUG
INTERDICTION AND COUNTER-DRUG ACTIVITIES.
Section 112(a)(3) of title 32, United States Code, is amended by
striking ``per purchase order'' in the second sentence and inserting
``per item''.
SEC. 350. AUTHORITY FOR PAYMENT OF SETTLEMENT CLAIMS.
(a) Authority to Make Payments.--Subject to the provisions of this
section, the Secretary of Defense is authorized to make payments for
the settlement of the claims arising from the deaths caused by the
accident involving a United States Marine Corps EA-6B aircraft on
February 3, 1998, near Cavalese, Italy and the subsequent determination
that parties involved in the accident obstructed the investigation by
disposing of evidence.
(b) Deadline for Exercise of Authority.--The Secretary shall make
the decision to exercise the authority in subsection (a) not later than
90 days after the date of enactment of this Act.
(c) Source of Payments.--Notwithstanding any other provision of
law, of the amounts appropriated or otherwise made available for the
Department of Navy for operation and maintenance for fiscal year 2000
or other unexpended balances from prior years, the Secretary shall make
available $40,000,000 only for emergency and extraordinary expenses
associated with the settlement of the claims arising from the accident
and the subsequent determination that parties involved in the accident
obstructed the investigation by disposing of evidence described in
subsection (a).
(d) Amount of Payment.--The amount of the payment under this
section in settlement of the claims arising from the death of any
person associated with the accident described in subsection (a) may not
exceed $2,000,000.
(e) Treatment of Payments.--Any amount paid to a person under this
section is intended to supplement any amount subsequently determined to
be payable to the person under section 127 or chapter 163 of title 10,
United States Code, or any other provision of law for administrative
settlement of claims against the United States with respect to damages
arising from the accident described in subsection (a).
(f) Construction.--The payment of an amount under this section may
not be considered to constitute a statement of legal liability on the
part of the United States or otherwise as evidence of any material fact
in any judicial proceeding or investigation arising from the accident
described in subsection (a).
(g) Resolution of Other Claims.--No payments under this section or
any other provision of law for the settlement of claims arising from
the accident described in subsection (a) shall be made to citizens of
Germany until the Government of Germany provides a comparable
settlement of the claims arising from the deaths of the United States
servicemen caused by the collision between a United States Air Force C-
141 Starlifter aircraft and a German Luftwaffe Tupelov TU-154M aircraft
off the coast of Namibia, on September 13, 1997.
SEC. 351. SENSE OF SENATE REGARDING SETTLEMENT OF CLAIMS OF AMERICAN
SERVICEMEN'S FAMILIES REGARDING DEATHS RESULTING FROM THE
ACCIDENT OFF THE COAST OF NAMIBIA ON SEPTEMBER 13, 1997.
(a) Findings.--The Senate makes the following findings:
(1) On September 13, 1997, a German Luftwaffe Tupelov TU-
154M aircraft collided with a United States Air Force C-141
Starlifter aircraft off the coast of Namibia.
(2) As a result of that collision nine members of the
United States Air Force were killed, namely Staff Sergeant
Stacey D. Bryant, 32, loadmaster, Providence, Rhode Island;
Staff Sergeant Gary A. Bucknam, 25, flight engineer, Oakland,
Maine; Captain Gregory M. Cindrich, 28, pilot, Byrans Road,
Maryland; Airman 1st Class Justin R. Drager, 19, loadmaster,
Colorado Springs, Colorado; Staff Sergeant Robert K. Evans, 31,
flight engineer, Garrison, Kentucky; Captain Jason S. Ramsey,
27, pilot, South Boston, Virginia; Staff Sergeant Scott N.
Roberts, 27, flight engineer, Library, Pennsylvania; Captain
Peter C. Vallejo, 34, aircraft commander, Crestwood, New York;
and Senior Airman Frankie L. Walker, 23, crew chief, Windber,
Pennsylvania.
(3) The Final Report of the Ministry of Defense of the
Defense Committee of the German Bundestag states unequivocally
that, following an investigation, the Directorate of Flight
Safety of the German Federal Armed Forces assigned
responsibility for the collision to the Aircraft Commander/
Commandant of the Luftwaffe Tupelov TU-154M aircraft for flying
at a flight level that did not conform to international flight
rules.
(4) The United States Air Force accident investigation
report concluded that the primary cause of the collision was
the Luftwaffe Tupelov TU-154M aircraft flying at an incorrect
cruise altitude.
(5) Procedures for filing claims under the Status of Forces
Agreement are unavailable to the families of the members of the
United States Air Force killed in the collision.
(6) The families of the members of the United States Air
Force killed in the collision have filed claims against the
Government of Germany.
(7) The Senate has adopted an amendment authorizing the
payment to citizens of Germany of a supplemental settlement of
claims arising from the deaths caused by the accident involving
a United States Marine Corps EA-6B aircraft on February 3,
1998, near Cavalese, Italy.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Government of Germany should promptly settle with
the families of the members of the United States Air Force
killed in a collision between a United States Air Force C-141
Starlifter aircraft and a German Luftwaffe Tupelov TU-154M
aircraft off the coast of Namibia on September 13, 1997; and
(2) the United States should not make any payment to
citizens of Germany as settlement of such citizens' claims for
deaths arising from the accident involving a United States
Marine Corps EA-6B aircraft on February 3, 1998, near Cavalese,
Italy, until a comparable settlement is reached between the
Government of Germany and the families described in paragraph
(1) with respect to the collision described in that paragraph.
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, 2000, as follows:
(1) The Army, 480,000.
(2) The Navy, 371,781.
(3) The Marine Corps, 172,240.
(4) The Air Force, 360,877.
SEC. 402. REVISION IN PERMANENT END STRENGTH LEVELS.
(a) Revised End Strength Floors.--Subsection (b) of section 691 of
title 10, United States Code, is amended--
(1) in paragraph (2), by striking out ``372,696'' and
inserting in lieu thereof ``371,781'';
(2) in paragraph (3), by striking out ``172,200'' and
inserting in lieu thereof ``172,148''; and
(3) in paragraph (4), by striking out ``370,802'' and
inserting in lieu thereof ``360,877''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 403. REDUCTION OF END STRENGTHS BELOW LEVELS FOR TWO MAJOR
REGIONAL CONTINGENCIES.
Section 691(d) of title 10, United States Code, is amended by
striking ``unless'' and all that follows and inserting ``unless the
Secretary of Defense first submits to Congress a written notification
of the proposed lower end strength together with the justification for
the lower end strength. The Secretary may submit the notification and
justification with the budget for the department for the fiscal
year.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2000, as follows:
(1) The Army National Guard of the United States, 350,623.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 90,288.
(4) The Marine Corps Reserve, 39,624.
(5) The Air National Guard of the United States, 106,744.
(6) The Air Force Reserve, 73,764.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
(c) Permanent Waiver Authority.--Section 115(c) of title 10, United
States Code, is amended--
(1) by striking the ``and'' at the end of paragraph (1);
(2) by striking the period at the end of the paragraph (2)
and inserting ``; and''; and
(3) by adding at the end the following:
``(3) increase the end strength authorized pursuant to
subsection (a)(2) for a fiscal year for the Selected Reserve of
a reserve component of any of the armed forces by a number
equal to not more than 2 percent of that end strength.''.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2000, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,430.
(2) The Army Reserve, 12,804.
(3) The Naval Reserve, 15,010.
(4) The Marine Corps Reserve, 2,272.
(5) The Air National Guard of the United States, 11,157.
(6) The Air Force Reserve, 1,134.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.
(a) Dual Status Technicians.--The minimum number of military
technicians (dual status) as of September 30, 2000, for the reserve
components of the Army and the Air Force (notwithstanding section 129
of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 5,179.
(2) For the Army National Guard of the United States,
22,396.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United States,
22,247.
(b) Non-Dual Status Technicians.--The reserve components of the
Army and Air Force are (notwithstanding section 129 of title 10, United
States Code) authorized strengths for military technicians (non-dual
status) as of September 30, 2000, as follows:
(1) For the Army Reserve, 1,295.
(2) For the Army National Guard of the United States,
1,800.
(3) For the Air Force Reserve, 342.
(4) For the Air National Guard of the United States, 342.
SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED
TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,227 1,071 860 140
Lieutenant Colonel or Commander..... 1,611 520 777 90
Colonel or Navy Captain............. 471 188 297 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of
title 10, United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 645 202 405 20
E-8................................. 2,593 429 1,041 94''.
------------------------------------------------------------------------
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2000 a total of
$71,693,093,000, and in addition funds in the total amount of
$1,838,426,000 are authorized to be appropriated as emergency
appropriations to the Department of Defense for fiscal year 2000 for
military personnel, as appropriated in section 2012 of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31). The
authorization in the preceding sentence supersedes any other
authorization of appropriations (definite or indefinite) for such
purpose for fiscal year 2000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. EXTENSION OF REQUIREMENT FOR COMPETITION FOR JOINT 4-STAR
OFFICER POSITIONS.
(a) Extension of Requirement.--Section 604(c) of title 10, United
States Code, is amended by striking ``September 30, 2000'' and
inserting ``September 30, 2003''.
(b) Grade Relief.--Section 525(b)(5)(C) of such title is amended by
striking ``September 30, 2000'' and inserting ``September 30, 2003''.
SEC. 502. ADDITIONAL THREE-STAR OFFICER POSITIONS FOR SUPERINTENDENTS
OF SERVICE ACADEMIES.
(a) Exclusion of Superintendents From Grade Limitation.--Section
525(b) of title 10, United States Code, is amended by adding at the end
the following:
``(7) An officer while serving in the position of Superintendent of
the United States Military Academy, Superintendent of the United States
Naval Academy, or Superintendent of the United States Air Force
Academy, if serving in the grade of lieutenant general or vice admiral,
is in addition to the number that would otherwise be permitted for that
officer's armed force for that grade under subsection (a) or paragraph
(1) or (2) of this subsection.''.
(b) Retirement of Superintendents.--(1)(A) Chapter 367 of title 10,
United States Code, is amended by inserting after section 3920 the
following:
``Sec. 3921. Mandatory retirement: Superintendent of the United States
Military Academy
``Upon the termination of a detail of an officer to the position of
Superintendent of the United States Military Academy, the Secretary of
the Army shall retire the officer under any provision of this chapter
under which the officer is eligible to retire.''.
(B) Chapter 403 of such title is amended by inserting after section
4333 the following:
``Sec. 4333a. Superintendent: condition for detail to position
``To be eligible for detail to the position of Superintendent of
the Academy, an officer shall enter into an agreement with the
Secretary of the Army to accept retirement upon termination of the
detail.''.
(2)(A) Chapter 573 of such title is amended by inserting after the
table of sections at the beginning of the chapter the following:
``Sec. 6371. Mandatory retirement: Superintendent of the United States
Naval Academy
``Upon the termination of a detail of an officer to the position of
Superintendent of the United States Naval Academy, the Secretary of the
Navy shall retire the officer under any provision of chapter 571 of
this title under which the officer is eligible to retire.''.
(B) Chapter 603 of such title is amended by inserting after section
6951 the following:
``Sec. 6951a. Superintendent
``(a) There is a Superintendent of the United States Naval Academy.
The immediate governance of the Naval Academy is under the
Superintendent.
``(b) The Superintendent shall be detailed to the position by the
President. To be eligible for detail to the position, an officer shall
enter into an agreement with the Secretary of the Navy to accept
retirement upon termination of the detail.''.
(3)(A) Chapter 867 of such title is amended by inserting after
section 8920 the following:
``Sec. 8921. Mandatory retirement: Superintendent of the United States
Air Force Academy
``Upon the termination of a detail of an officer to the position of
Superintendent of the United States Air Force Academy, the Secretary of
the Air Force shall retire the officer under any provision of this
chapter under which the officer is eligible to retire.''.
(B) Chapter 903 of such title is amended by inserting after section
9333 the following:
``Sec. 9333a. Superintendent: condition for detail to position
``To be eligible for detail to the position of Superintendent of
the Academy, an officer shall enter into an agreement with the
Secretary of the Air Force to accept retirement upon termination of the
detail.''.
(c) Clerical Amendments.--(1)(A) The table of sections at the
beginning of chapter 367 of title 10, United States Code, is amended by
inserting after the item relating to section 3920 the following:
``3921. Mandatory retirement: Superintendent of the United States
Military Academy.''.
(B) The table of sections at the beginning of chapter 403 of such
title is amended by inserting after the item relating to section 4333
the following:
``4333a. Superintendent: condition for detail to position.''.
(2)(A) The table of sections at the beginning of chapter 573 of
such title is amended by inserting before the item relating to section
6383 the following:
``6371. Mandatory retirement: Superintendent of the United States Naval
Academy.''.
(B) The table of sections at the beginning of chapter 603 of such
title is amended by inserting after the item relating to section 6951
the following:
``6951a. Superintendent.''.
(3)(A) The table of sections at the beginning of chapter 867 of
such title is amended by inserting after the item relating to section
8920 the following:
``8921. Mandatory retirement: Superintendent of the United States Air
Force Academy.''.
(B) The table of sections at the beginning of chapter 903 of such
title is amended by inserting after the item relating to section 9333
the following:
``9333a. Superintendent: condition for detail to position.''.
(d) Savings Provision.--The amendments made by this section shall
not apply to an officer serving on the date of the enactment of this
Act in the position of Superintendent of the United States Military
Academy, Superintendent of the United States Naval Academy, or
Superintendent of the United States Air Force Academy for so long as
the officer continues on and after that date to serve in the position
without a break in the service in the position.
SEC. 503. INCREASE IN MAXIMUM NUMBER OF OFFICERS AUTHORIZED TO BE ON
ACTIVE-DUTY LIST IN FROCKED GRADE OF BRIGADIER GENERAL OR
REAR ADMIRAL.
Section 777(d)(1) of title 10, United States Code, is amended by
striking ``the following:'' and all that follows and inserting ``55.''.
SEC. 504. RESERVE OFFICERS REQUESTING OR OTHERWISE CAUSING NONSELECTION
FOR PROMOTION.
(a) Reporting Requirement.--Section 617(c) of title 10, United
States Code, is amended by striking ``regular''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to boards convened under section 611(a) of title 10,
United States Code, on or after that date.
SEC. 505. MINIMUM GRADE OF OFFICERS ELIGIBLE TO SERVE ON BOARDS OF
INQUIRY.
(a) Retention Boards for Regular Officers.--Section 1187 of title
10, United States Code, is amended to read as follows:
``(a) Active Duty Officers.--Each officer who serves on a board
convened under this chapter shall--
``(1) be an officer of the same armed force as the officer
being required to show cause for retention on active duty;
``(2) be serving on active duty in a grade that--
``(A) in the case of the President of the board, is
above lieutenant colonel or commander; or
``(B) in the case of any other member of the board,
is above major or lieutenant commander; and
``(3) be senior in grade and rank to any officer considered
by that board.
``(b) Retired Officers.--If qualified officers on active duty are
not available in sufficient numbers to comprise a board convened under
this chapter, the Secretary of the military department concerned shall
complete the membership of the board by appointing retired officers of
the same armed force whose retired grade--
``(1) is--
``(A) in the case of the President of the board,
above lieutenant colonel or commander; or
``(B) in the case of any other member of the board,
above major or lieutenant commander; and
``(2) is senior to the grade of any officer considered by
the board.
``(c) Ineligibility by Reason of Previous Consideration of Case.--
No person may be a member of more than one board convened under this
chapter to consider the same officer.
``(d) Exclusion From Strength Limitation.--A retired general or
flag officer who is on active duty for the purpose of serving on a
board convened under this chapter shall not, while so serving, be
counted against any limitation on the number of general and flag
officers who may be on active duty.''.
(b) Retention Boards for Reserve Officers.--Subsection (a) of
section 14906 of such title is amended to read as follows:
``(a) Active Status Officers.--Each officer who serves on a board
convened under this chapter shall--
``(1) be an officer of the same armed force as the officer
being required to show cause for retention in an active status;
``(2) hold a grade that--
``(A) in the case of the President of the board, is
above lieutenant colonel or commander; or
``(B) in the case of any other member of the board,
is above major or lieutenant commander; and
``(3) be senior in grade and rank to any officer considered
by that board.''.
SEC. 506. MINIMUM SELECTION OF WARRANT OFFICERS FOR PROMOTION FROM
BELOW THE PROMOTION ZONE.
Section 575(b)(2) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``If the number
determined under this subsection with respect to a promotion zone
within a grade (or grade and competitive category) is less than one,
the board may recommend one such officer for promotion from below the
zone within that grade (or grade and competitive category).''.
SEC. 507. INCREASE IN THRESHOLD PERIOD OF ACTIVE DUTY FOR APPLICABILITY
OF RESTRICTION ON HOLDING OF CIVIL OFFICE BY RETIRED
REGULAR OFFICERS AND RESERVE OFFICERS.
Section 973(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``180 days'' and
inserting ``270 days''; and
(2) in subparagraph (C), by striking ``180 days'' and
inserting ``270 days''.
SEC. 508. EXEMPTION OF RETIREE COUNCIL MEMBERS FROM RECALLED RETIREE
LIMITS.
Section 690(b)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph (D):
``(D) Any member of the Retiree Council of the Army, Navy,
or Air Force for the period on active duty to attend the annual
meeting of the Retiree Council.''.
Subtitle B--Reserve Component Matters
SEC. 511. ADDITIONAL EXCEPTIONS FOR RESERVE COMPONENT GENERAL AND FLAG
OFFICERS FROM LIMITATION ON AUTHORIZED STRENGTH OF
GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is amended to read
as follows:
``(d) Exclusion of Certain Reserve Component Officers.--(1) The
limitations of this section do not apply to the following reserve
component general or flag officers:
``(A) An officer on active duty for training.
``(B) An officer on active duty under a call or order
specifying a period of less than 180 days.
``(2) Up to 25 reserve component general and flag officers serving
on active duty at any one time under calls or orders specifying periods
of 180 days or more may be excluded from the limitations of this
section. Officers excluded under the preceding sentence are in addition
to any other reserve component general or flag officers on active duty
under calls or orders specifying periods of 180 days or more who are
excluded from the limitations of this section under authority other
than this paragraph.''.
SEC. 512. DUTIES OF RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Duties.--Section 12310 of title 10, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (d) and
transferring such subsection, as so redesignated, to the end of
the section; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Duties.--A Reserve on active duty as described in subsection
(a) may be assigned only duties in connection with the functions
described in that subsection, which may include the following:
``(1) Supporting operations or missions assigned in whole
or in part to reserve components.
``(2) Supporting operations or missions performed or to be
performed by--
``(A) a unit composed of elements from more than
one component of the same armed force; or
``(B) a joint forces unit that includes--
``(i) one or more reserve component units;
or
``(ii) if no reserve component unit, any
member of a reserve component whose reserve
component assignment is in a position in an
element of the joint forces unit.
``(3) Advising the Secretary of Defense, the Secretary of a
military department, the Joint Chiefs of Staff, or the
commander of a unified combatant command regarding reserve
component matters.''.
(b) Technical and Conforming Amendments.--Section 12310 of title
10, United States Code, is amended--
(1) in subsection (a), by inserting ``Grade.--'' after
``(a)'';
(2) in subsection (c)(1), by striking ``(c)(1) A Reserve''
and inserting ``(c) Duties Relating to Defense Against Weapons
of Mass Destruction.--(1) Notwithstanding subsection (b), a
Reserve''; and
(3) in subsection (d), as redesignated and transferred by
subsection (a)(1), by inserting ``Training.--'' after ``(d)''.
(c) Review of Use of Reserves on Active Duty in Support of the
Reserves.--(1) The Secretary of Defense shall review how the Reserves
on active duty in support of the reserves are used in relation to the
duties set forth under subsection (b) of section 12310 of title 10,
United States Code, as added by subsection (a)(2).
(2) Not later than March 1, 2000, the Secretary shall submit a
report on the results of the review to the Committees on Armed Services
of the Senate and the House of Representatives. The report shall
address, at a minimum, the following issues:
(1) Whether the Reserves on active duty in support of the
reserve should be considered as a separate category of Reserves
on active duty.
(2) Whether those Reserves should be counted within the
active component end strengths and funded by the appropriations
for active component military personnel.
SEC. 513. REPEAL OF LIMITATION ON NUMBER OF RESERVES ON FULL-TIME
ACTIVE DUTY IN SUPPORT OF PREPAREDNESS FOR RESPONSES TO
EMERGENCIES INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Repeal.--Paragraph (4) of section 12310(c) of title 10, United
States Code, is amended by striking the first sentence.
(b) Conforming Amendments.--Paragraph (6) of such section is
amended--
(1) by striking ``or to increase the number of personnel
authorized by paragraph (4)'' in the matter preceding
subparagraph (A); and
(2) in subparagraph (A), by striking ``or for the requested
additional personnel'' and all that follows through ``Federal
levels''.
SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RESERVE COMPONENT MAJORS
AND LIEUTENANT COMMANDERS WHO TWICE FAIL OF SELECTION FOR
PROMOTION.
(a) Parity With Officers in Grades O-2 and O-3.--Section 14506 of
title 10, United States Code, is amended--
(1) by inserting ``the later of (1)'' after ``in accordance
with section 14513 of this title on''; and
(2) by inserting before the period at the end the
following: ``, or (2) the first day of the seventh month after
the month in which the President approves the report of the
board which considered the officer for the second time''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to removals of reserve officers from reserve active-status
lists under section 14506 of title 10, United States Code, on or after
that date.
SEC. 515. CONTINUATION OF OFFICER ON RESERVE ACTIVE-STATUS LIST FOR
DISCIPLINARY ACTION.
(a) Authority.--Chapter 1407 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 14518. Continuation on reserve active-status list to complete
disciplinary action
``When any action has been commenced against an officer on a
reserve active-status list with a view to trying the officer by court-
martial, the Secretary concerned may delay the separation or retirement
of the officer under the provisions of this chapter until the
completion of the action.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end:
``14518. Continuation on reserve active-status list to complete
disciplinary action.''.
SEC. 516. RETENTION OF RESERVE COMPONENT CHAPLAINS UNTIL AGE 67.
Section 14703(b) of title 10, United States Code, is amended by
striking ``(or, in the case of a reserve officer of the Army in the
Chaplains or a reserve officer of the Air Force designated as a
chaplain, 60 years of age)''.
SEC. 517. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
Section 2126(b) of title 10, United States Code, is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Service credited under paragraph (1) counts only for the
award of retirement points for computation of years of service under
section 12732 of this title and for computation of retired pay under
section 12733 of this title.
``(3) The number of points credited to a member under paragraph (1)
for a year of participation in a course of study is 50. The points
shall be credited to the member for one of the years of that
participation at the end of each year after the completion of the
course of study that the member serves in the Selected Reserve and is
credited under section 12732(a)(2) of this title with at least 50
points. The points credited for the participation shall be recorded in
the member's records as having been earned in the year of the
participation in the course of study.'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph (5):
``(5) A member of the Selected Reserve may be considered to be in
an active status while pursuing a course of study under this subchapter
only for purposes of sections 12732(a) and 12733(3) of this title.''.
SEC. 518. EXCLUSION OF RESERVE OFFICERS ON EDUCATIONAL DELAY FROM
ELIGIBILITY FOR CONSIDERATION FOR PROMOTION.
(a) Exclusion.--Section 14301 of title 10, United States Code is
amended by adding at the end the following:
``(h) Officers on Educational Delay.--An officer on a reserve
active-status list is ineligible for consideration for promotion, but
shall remain on the reserve active-status list, while the officer is--
``(1) pursuing a program of graduate level education in an
educational delay status approved by the Secretary concerned;
and
``(2) receiving from the Secretary financial assistance in
connection with the pursuit of the program in that status.''.
(b) Retroactive Effect.--(1) Subsection (h) of section 14301 of
title 10, United States Code (as added by subsection (a)), shall take
effect on the date of the enactment of this Act and shall apply with
respect to boards convened under section 14101(a) of such title before,
on, or after that date.
(2) The Secretary of the military department concerned, upon
receipt of request in a form and manner prescribed by the Secretary,
shall expunge from the military records of an officer any indication of
a failure of selection of the officer for promotion by a board referred
to in paragraph (1) while the officer was ineligible for consideration
by the board by reason of section 14301(h) of title 10, United States
Code.
SEC. 519. EXCLUSION OF PERIOD OF PURSUIT OF PROFESSIONAL EDUCATION FROM
COMPUTATION OF YEARS OF SERVICE FOR RESERVE OFFICERS.
(a) Exclusion.--The text of section 14706 of title 10, United
States Code, is amended to read as follows:
``(a) In General.--For the purpose of this chapter and chapter 1407
of this title, a reserve officer's years of service include all service
of the officer as a commissioned officer of any uniformed service other
than the following:
``(1) Service as a warrant officer.
``(2) Constructive service.
``(3) Except as provided in subsection (b), service as a
commissioned officer of a reserve component while pursuing a
program of advanced education leading to the first professional
degree required for appointment, designation, or assignment as
an officer in the Medical Corps, the Dental Corps, the
Veterinary Corps, the Medical Service Corps, the Nurse Corps,
the Army Medical Specialists Corps, or as a chaplain or judge
advocate if the service--
``(A) follows appointment as a commissioned officer
of a reserve component; and
``(B) precedes the officer's initial service on
active duty or initial service in the Ready Reserve in
the professional specialty for which the degree if
required.
``(b) Prior Service Professional Personnel.--The exclusion in
subsection (a)(3) does not apply to service described in that
subsection that is performed by an officer who, prior to the described
service--
``(1) served on active duty; or
``(2) participated as a member of the Ready Reserve other
than in a student status.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to service as a commissioned officer on or after that
date.
SEC. 520. CORRECTION OF REFERENCE RELATING TO CREDITING OF SATISFACTORY
SERVICE BY RESERVE OFFICERS IN HIGHEST GRADE HELD.
Section 1370(d)(1) of title 10, United States Code, is amended by
striking ``chapter 1225'' and inserting ``chapter 1223''.
SEC. 521. ESTABLISHMENT OF OFFICE OF THE COAST GUARD RESERVE.
(a) Establishment.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 53. Office of the Coast Guard Reserve; Director
``(a) Establishment of Office; Director.--There is in the executive
part of the Coast Guard an Office of the Coast Guard Reserve. The head
of the Office is the Director of the Coast Guard Reserve. The Director
of the Coast Guard Reserve is the principal adviser to the Commandant
on Coast Guard Reserve matters and may have such additional functions
as the Commandant may direct.
``(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Director of the Coast Guard
Reserve, from officers of the Coast Guard not on active duty, or on
active duty under section 10211 of title 10, who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above captain; and
``(3) have been recommended by the Secretary of
Transportation.
``(c) Term.--(1) The Director of the Coast Guard Reserve holds
office for a term determined by the President, normally two years, but
not more than four years. An officer may be removed from the position
of Director for cause at any time.
``(2) The Director of the Coast Guard Reserve, while so serving,
holds a grade above Captain, without vacating the officer's permanent
grade.
``(d) Budget.--The Director of the Coast Guard Reserve is the
official within the executive part of the Coast Guard who, subject to
the authority, direction, and control of the Secretary of
Transportation and the Commandant, is responsible for preparation,
justification, and execution of the personnel, operation and
maintenance, and construction budgets for the Coast Guard Reserve. As
such, the Director of the Coast Guard Reserve is the director and
functional manager of appropriations made for the Coast Guard Reserve
in those areas.
``(e) Annual Report.--The Director of the Coast Guard Reserve shall
submit to the Secretary of Transportation and the Secretary of Defense
an annual report on the state of the Coast Guard Reserve and the
ability of the Coast Guard Reserve to meet its missions. The report
shall be prepared in conjunction with the Commandant and may be
submitted in classified and unclassified versions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
52 the following:
``53. Office of the Coast Guard Reserve; Director.''.
SEC. 522. CHIEFS OF RESERVE COMPONENTS AND THE ADDITIONAL GENERAL
OFFICERS AT THE NATIONAL GUARD BUREAU.
(a) Grade of Chief of Army Reserve.--Section 3038(c) of title 10,
United States Code, is amended by striking ``major general'' and
inserting ``lieutenant general''.
(b) Grade of Chief of Naval Reserve.--Section 5143(c)(2) of such
title is amended by striking ``rear admiral (lower half)'' and
inserting ``rear admiral''.
(c) Grade of Commander, Marine Forces Reserve.--Section 5144(c)(2)
of such title is amended by striking ``brigadier general'' and
inserting ``major general''.
(d) Grade of Chief of Air Force Reserve.--Section 8038(c) of such
title is amended by striking ``major general'' and inserting
``lieutenant general''.
(e) The Additional General Officers for the National Guard
Bureau.--Subparagraphs (A) and (B) of section 10506(a)(1) of such title
are each amended by striking ``major general'' and inserting
``lieutenant general''.
(f) Exclusion From Limitation on General and Flag Officers.--
Section 526(d) of such title is amended to read as follows:
``(d) Exclusion of Certain Reserve Component Officers.--The
limitations of this section do not apply to the following reserve
component general or flag officers:
``(1) An officer on active duty for training.
``(2) An officer on active duty under a call or order
specifying a period of less than 180 days.
``(3) The Chief of Army Reserve, the Chief of Naval
Reserve, the Chief of Air Force Reserve, the Commander, Marine
Forces Reserve, and the additional general officers assigned to
the National Guard Bureau under section 10506(a)(1) of this
title.''.
(g) Effective Date.--This section and the amendments made by this
section shall take effect 60 days after the date of the enactment of
this Act.
Subtitle C--Military Education and Training
SEC. 531. AUTHORITY TO EXCEED TEMPORARILY A STRENGTH LIMITATION FOR THE
SERVICE ACADEMIES.
Section 511(a) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1359; 10 U.S.C. 4342
note) is amended--
(1) by inserting ``(1)'' after ``(a) Reduction in
Authorized Strengths.--''; and
(2) by adding at the end the following:
``(2) The Secretary of the military department concerned may
authorize the strength for an academy for any class year to exceed the
strength limitation set forth in paragraph (1) by not more than 5
percent. Before granting that authority, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a written notification of the determination to
authorize the excessive strength for that year. The notification shall
include a discussion of the justification for exceeding the strength
limitation and the actions that the Secretary plans to take to reduce
the strength to a level within the strength limitation.''.
SEC. 532. REPEAL OF LIMITATION ON AMOUNT OF REIMBURSEMENT AUTHORIZED TO
BE WAIVED FOR FOREIGN STUDENTS AT THE SERVICE ACADEMIES.
(a) Repeal.--Sections 4344(b)(3), 6957(b)(3), and 9344(b)(3) of
title 10, United States Code, are repealed.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to the academic year that includes that date and academic
years that begin after that date.
SEC. 533. EXPANSION OF FOREIGN EXCHANGE PROGRAMS OF THE SERVICE
ACADEMIES.
(a) United States Military Academy.--Section 4345 of title 10,
United States Code, is amended--
(1) in subsection (b), by striking ``10 cadets'' and
inserting ``24 cadets''; and
(2) in subsection (c)(3), by striking ``$50,000'' and
inserting ``$120,000''.
(b) United States Naval Academy.--Section 6957a of such title is
amended--
(1) in subsection (b), by striking ``10 midshipmen'' and
inserting ``24 midshipmen''; and
(2) in subsection (c)(3), by striking ``$50,000'' and
inserting ``$120,000''.
(c) United States Air Force Academy.--Section 9345 of such title is
amended--
(1) in subsection (b), by striking ``10 Air Force cadets''
and inserting ``24 Air Force cadets''; and
(2) in subsection (c)(3), by striking ``$50,000'' and
inserting ``$120,000''.
SEC. 534. PERMANENT AUTHORITY FOR ROTC SCHOLARSHIPS FOR GRADUATE
STUDENTS.
Section 2107(c)(2) of title 10, United States Code, is amended to
read as follows:
``(2) The Secretary of the military department concerned may
provide financial assistance, as described in paragraph (1), to a
student enrolled in an advanced education program beyond the
baccalaureate degree level if the student also is a cadet or midshipman
in an advanced training program. Not more than 15 percent of the total
number of scholarships awarded under this section in any year may be
awarded under this paragraph.''.
SEC. 535. AUTHORITY FOR AWARD OF MASTER OF STRATEGIC STUDIES DEGREE BY
THE UNITED STATES ARMY WAR COLLEGE.
(a) Authority for Degree.--Chapter 401 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 4321. United States Army War College: master of strategic
studies degree
``Under regulations prescribed by the Secretary of the Army, the
Commandant of the United States Army War College, upon the
recommendation of the faculty and Dean of the College, may confer the
degree of master of strategic studies upon graduates of the college who
have fulfilled the requirements for the degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``4321. United States Army War College: master of strategic studies
degree.''.
SEC. 536. MINIMUM EDUCATIONAL REQUIREMENTS FOR FACULTY OF THE COMMUNITY
COLLEGE OF THE AIR FORCE.
Section 9315 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Educational Qualifications of Faculty.--Notwithstanding
section 3308 of title 5 or any other provision of law, the commander of
the Air Education and Training Command may prescribe the minimum
educational qualifications required for the professors and instructors
of the college. The required qualifications shall equal or exceed the
qualifications necessary to satisfy accreditation standards applicable
to the college.''.
SEC. 537. CONFERRAL OF GRADUATE-LEVEL DEGREES BY AIR UNIVERSITY.
(a) Authority.--Section 9317(a) of title 10, United States Code, is
amended to read as follows:
``(a) Authority.--Upon the recommendation of the faculty of a
school of the Air University, the Commander of the Air University may
confer a degree upon graduates of that school who fulfill the
requirements for the degree, as follows:
``(1) The degree of master of strategic studies, for the
Air War College.
``(2) The degree of master of military operational art and
science, for the Air Command and Staff College.
``(3) The degree of master of airpower art and science, for
the School of Advanced Airpower Studies.''.
(b) Clerical Amendments.--(1) The heading of that section is
amended to read as follows:
``Sec. 9317. Air University: graduate-level degrees''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 901 of title 10, United States Code, is
amended to read as follows:
``9317. Air University: graduate-level degrees.''.
SEC. 538. PAYMENT OF TUITION FOR EDUCATION AND TRAINING OF MEMBERS IN
THE DEFENSE ACQUISITION WORKFORCE.
Section 1745(a) of title 10, United States Code, is amended to read
as follows:
``(a) Tuition Reimbursement and Training.--(1) The Secretary of
Defense shall provide for tuition reimbursement and training (including
a full-time course of study leading to a degree) for acquisition
personnel in the Department of Defense.
``(2) For civilian personnel, the reimbursement and training shall
be provided under section 4107(b) of title 5 for the purposes described
in that section. For purposes of such section 4107(b), there is deemed
to be, until September 30, 2001, a shortage of qualified personnel to
serve in acquisition positions in the Department of Defense.
``(3) In the case of members of the armed forces, the limitation in
section 2007(a) of this title shall not apply to tuition reimbursement
and training provided for under this subsection.''.
SEC. 539. FINANCIAL ASSISTANCE PROGRAM FOR PURSUIT OF DEGREES BY
OFFICER CANDIDATES IN MARINE CORPS PLATOON LEADERS CLASS
PROGRAM.
(a) In General.--(1) Part IV of subtitle E of title 10, United
States Code, is amended by adding at the end the following:
``CHAPTER 1610--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
``Sec.
``16401. Marine Corps Platoon Leaders Class Program: officer candidates
pursuing degrees.
``Sec. 16401. Marine Corps Platoon Leader's Class Program: officer
candidates pursuing degrees
``(a) Authority.--The Secretary of the Navy may provide financial
assistance to an eligible enlisted member of the Marine Corps Reserve
for expenses of the member while the member is pursuing on a full-time
basis at an institution of higher education a program of education
approved by the Secretary that leads to--
``(1) a baccalaureate degree in less than five academic
years; or
``(2) a doctor of jurisprudence or bachelor of laws degree
in not more than three academic years.
``(b) Eligibility.--(1) To be eligible for receipt of financial
assistance under this section, an enlisted member of the Marine Corps
Reserve shall--
``(A) be an officer candidate in the Marine Corps Platoon
Leaders Class Program and have successfully completed one six-
week (or longer) increment of military training required under
the program;
``(B) satisfy the applicable age requirement of paragraph
(2);
``(C) be enrolled on a full-time basis in a program of
education referred to in subsection (a) at any institution of
higher education;
``(D) enter into a written agreement with the Secretary--
``(i) to accept an appointment as a commissioned
officer in the Marine Corps, if tendered by the
President;
``(ii) to serve on active duty for at least five
years; and
``(iii) under such terms and conditions as shall be
prescribed by the Secretary, to serve in the Marine
Corps Reserve until the eighth anniversary of the date
of the appointment.
``(2)(A) To meet the age requirements of this paragraph, a member
pursuing a baccalaureate degree may not be over 26 years of age on June
30 of the calendar year in which the member is projected to be eligible
for appointment as a commissioned officer in the Marine Corps through
the Marine Corps Platoon Leaders Class Program, except that any such
member who has served on active duty in the armed forces may, on such
date, be any age under 30 years that exceeds 26 years by a number of
months that is not more than the number of months that the member
served on active duty.
``(B) To meet the age requirements of this paragraph, a member
pursuing a doctor of jurisprudence or bachelor of laws degree may not
be over 30 years of age on June 30 of the calendar year in which the
member is projected to be eligible for appointment as a commissioned
officer in the Marine Corps through the Marine Corps Platoon Leaders
Class Program, except that any such member who has served on active
duty in the armed forces may, on such date, be any age under 35 years
that exceeds 30 years by a number of months that is not more than the
number of months that the member served on active duty.
``(c) Covered Expenses.--Expenses for which financial assistance
may be provided under this section are tuition and fees charged by the
institution of higher education involved, the cost of books, and, in
the case of a program of education leading to a baccalaureate degree,
laboratory expenses.
``(d) Amount.--The amount of financial assistance provided to a
member under this section shall be prescribed by the Secretary, but may
not exceed $5,200 for any academic year.
``(e) Limitations.--(1) Financial assistance may be provided to a
member under this section only for three consecutive academic years.
``(2) Not more than 1,200 members may participate in the financial
assistance program under this section in any academic year.
``(f) Failure To Complete Program.--A member in receipt of
financial assistance under this section may be ordered to active duty
in the Marine Corps by the Secretary to serve in an appropriate
enlisted grade for such period as the Secretary prescribes, but not for
more than four years, if the member--
``(1) completes the military and academic requirements of
the Marine Corps Platoon Leaders Class Program and refuses to
accept a commission when offered;
``(2) fails to complete the military or academic
requirements of the Marine Corps Platoon Leaders Class Program;
or
``(3) is disenrolled from the Marine Corps Platoon Leaders
Class Program for failure to maintain eligibility for an
original appointment as a commissioned officer under section
532 of this title.
``(g) Institution of Higher Education Defined.--In this section,
the term `institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).''.
(2) The tables of chapters at the beginning of subtitle E of such
title and at the beginning of part IV of such subtitle are amended by
adding at the end the following:
``1610. Other Educational Assistance Programs............... 16401''.
(b) Conforming Amendment.--Section 3695(a)(5) of title 38, United
States Code, is amended by striking ``Chapters 106 and 107'' and
inserting ``Chapters 107, 1606, and 1610''.
(c) Computation of Creditable Service.--Section 205 of title 37,
United States Code, is amended by adding at the end the following:
``(f) Notwithstanding subsection (a), the years of service of a
commissioned officer appointed under section 12209 of title 10 after
receiving financial assistance under section 16401 of such title may
not include a period of service after the date of the establishment of
the program of financial assistance by the Secretary that the officer
performed concurrently as a member of the Marine Corps Platoon Leaders
Class Program and the Marine Corps Reserve, except for any period of
service that the officer performed (concurrently with the period of
service as a member of the Marine Corps Platoon Leaders Class Program)
as an enlisted member on active duty or as a member of the Selected
Reserve.''.
(d) Transition Provision.--(1) An enlisted member of the Marine
Corps Reserve selected for training as an officer candidate under
section 12209 of title 10, United States Code, before implementation of
a financial assistance program under section 12216 of such title (as
added by subsection (a)) may, upon application, participate in the
financial assistance program established under section 12216 of such
title (as added by subsection (a)) if the member--
(A) is eligible for financial assistance under such section
12216;
(B) submits a request for the financial assistance to the
Secretary of the Navy not later than 180 days after the date on
which the Secretary establishes the financial assistance
program; and
(C) enters in a written agreement described in subsection
(b)(4) of such section 12216.
(2) Section 205(f) of title 37, United States Code, as added by
subsection (c), applies to a member referred to in paragraph (1).
Subtitle D--Decorations, Awards, and Commendations
SEC. 551. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the
time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to award of the
decoration as described in subsection (b), the award of such decoration
having been determined by the Secretary of Transportation to be
warranted in accordance with section 1130 of title 10, United States
Code.
(b) Coast Guard Commendation Medal.--Subsection (a) applies to the
award of the Coast Guard Commendation Medal to Mark H. Freeman, of
Seattle, Washington for heroic achievement performed in a manner above
that normally to be expected during rescue operations for the S.S.
Seagate, in September 1956, while serving as a member of the Coast
Guard at Gray Harbor Lifeboat Station, Westport, Washington.
SEC. 552. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ALFRED RASCON FOR
VALOR DURING THE VIETNAM CONFLICT.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Army, the President may award the
Medal of Honor under section 3741 of that title to Alfred Rascon, of
Laurel, Maryland, for the acts of valor described in subsection (b).
(b) Action Described.--The acts of valor referred to in subsection
(a) are the actions of Alfred Rascon on March 16, 1966, as an Army
medic, serving in the grade of Specialist Four in the Republic of
Vietnam with the Reconnaissance Platoon, Headquarters Company, 1st
Battalion, 503rd Infantry, 173rd Airborne Brigade (Separate), during a
combat operation known as Silver City.
SEC. 553. ELIMINATION OF BACKLOG IN REQUESTS FOR REPLACEMENT OF
MILITARY MEDALS AND OTHER DECORATIONS.
(a) Sufficient Resourcing Required.--The Secretary of Defense shall
make available funds and other resources at the levels that are
necessary for ensuring the elimination of the backlog of the
unsatisfied requests made to the Department of Defense for the issuance
or replacement of military decorations for former members of the Armed
Forces. The organizations to which the necessary funds and other
resources are to be made available for that purpose are as follows:
(1) The Army Reserve Personnel Command.
(2) The Bureau of Naval Personnel.
(3) The Air Force Personnel Center.
(4) The National Archives and Records Administration
(b) Condition.--The Secretary shall allocate funds and other
resources under subsection (a) in a manner that does not detract from
the performance of other personnel service and personnel support
activities within the Department of Defense.
(c) Report.--Not later than 45 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the status of the backlog described in subsection (a). The report
shall include a plan for eliminating the backlog.
(d) Replacement Decoration Defined.--For the purposes of this
section, the term ``decoration'' means a medal or other decoration that
a former member of the Armed Forces was awarded by the United States
for military service of the United States.
SEC. 554. RETROACTIVE AWARD OF NAVY COMBAT ACTION RIBBON.
The Secretary of the Navy may award the Navy Combat Action Ribbon
(established by Secretary of the Navy Notice 1650, dated February 17,
1969) to a member of the Navy and Marine Corps for participation in
ground or surface combat during any period after December 6, 1941, and
before March 1, 1961 (the date of the otherwise applicable limitation
on retroactivity for the award of such decoration), if the Secretary
determines that the member has not been previously recognized in
appropriate manner for such participation.
Subtitle E--Amendments to Uniform Code of Military Justice
SEC. 561. INCREASE IN SENTENCING JURISDICTION OF SPECIAL COURTS-MARTIAL
AUTHORIZED TO ADJUDGE A BAD CONDUCT DISCHARGE.
(a) Increase in Jurisdiction.--Section 819 of title 10, United
States Code (article 19 of the Uniform Code of Military Justice), is
amended--
(1) in the second sentence, by striking ``six months'' both
places it appears and inserting ``one year''; and
(2) in the third sentence, by inserting after ``A bad
conduct discharge'' the following: ``, confinement for more
than six months, or forfeiture of pay for more than six
months''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the sixth month following the month in
which this Act is enacted, and shall apply with respect to charges
referred to trial by special courts-martial on or after that effective
date.
SEC. 562. REDUCED MINIMUM BLOOD AND BREATH ALCOHOL LEVELS FOR OFFENSE
OF DRUNKEN OPERATION OR CONTROL OF A VEHICLE, AIRCRAFT,
OR VESSEL.
(a) Standard.--Section 911(2) of title 10, United States Code
(article 111(2) of the Uniform Code of Military Justice), is amended by
striking ``0.10 grams'' both places it appears and inserting ``0.08
grams''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act and shall apply with
respect to acts committed on or after that date.
Subtitle F--Other Matters
SEC. 571. FUNERAL HONORS DETAILS AT FUNERALS OF VETERANS.
(a) Responsibility of Secretary of Defense.--Subsection (a) of
section 1491 of title 10, United States Code, is amended to read as
follows:
``(a) Responsibility.--The Secretary of Defense shall ensure that,
upon request, a funeral honors detail is provided for the funeral of
any veteran that occurs after December 31, 1999.''.
(b) Eligibility for Honors.--Subsection (f) of such section is
amended to read as follows:
``(h) Veteran Defined.--In this section, the term `veteran' means
the following:
``(1) A decedent who was a veteran, as defined in section
101(2) of title 38.
``(2) A decedent who, by reason of having been a member of
the Selected Reserve, is eligible for a flag to drape the
casket under section 2301(f) of title 38.''.
(c) Composition of Funeral Honors Details.--(1) Subsection (b) of
such section is amended--
(A) by striking ``Honor Guard Details.--'' and inserting
``Funeral Honors Details.--(1)'' ;
(B) by striking ``honor guard detail'' and inserting
``funeral honors detail''; and
(C) by striking ``not less than three persons'' and all
that follows and inserting the following: ``two or more
persons.''.
(2) Subsection (c) of such section is amended--
(A) by striking ``(c) Persons Forming Honor Guards.--An
honor guard detail'' and inserting ``(2) At least two members
of the funeral honors detail for the veteran's funeral shall be
members of the armed forces. At least one of those members
shall be a member of the armed force of which the veteran was a
member. The remainder of the detail''; and
(B) by striking the second sentence and inserting the
following: ``Each member of the armed forces in the detail
shall wear the appropriate uniform of the member's armed force
while serving in the detail.''.
(d) Ceremony, Support, and Waiver.--Such section is further
amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Ceremony.--A funeral honors detail shall, at a minimum,
perform at the funeral a ceremony that includes the folding and
presentation of the flag of the United States to the veteran's family
and the playing of Taps. Unless a bugler is a member of the detail, the
detail shall play a recorded version of Taps using audio equipment
which the detail shall provide if adequate audio equipment is not
otherwise available for use at the funeral.
``(d) Support.--To provide a funeral honors detail under this
section, the Secretary of a military department may provide the
following:
``(1) Transportation, or reimbursement for transportation,
and expenses for a person who participates in the funeral
honors detail under this section and is not a member of the
armed forces or an employee of the United States.
``(2) Materiel, equipment, and training for members of a
veterans organization or other organization referred to in
subsection (b)(2).
``(e) Waiver Authority.--(1) The Secretary of Defense may waive any
requirement provided in or pursuant to this section when the Secretary
considers it necessary to do so to meet the requirements of war,
national emergency, or a contingency operation, or other military
requirements.
``(2) Before or promptly after granting a waiver under paragraph
(1), the Secretary shall transmit a notification of the waiver to the
Committees on Armed Services of the Senate and House of
Representatives.''.
(e) Regulations.--The text of subsection (f) of such section, as
redesignated by subsection (d)(1), is amended to read as follows:
``The Secretary of Defense shall prescribe regulations to carry out
this section. The regulations shall include the following:
``(1) A system for selection of units of the armed forces
and other organizations to provide funeral honors details.
``(2) Procedures for responding and coordinating responses
to requests for funeral honors details.
``(3) Procedures for establishing standards and protocol.
``(4) Procedures for providing training and ensuring
quality of performance.''.
(f) Acceptance of Voluntary Services.--Section 1588(a) of title 10,
United States Code, is amended by adding at the end the following:
``(4) Voluntary services as a member of a funeral honors
detail under section 1491 of this title.''.
(g) Duty Status of Reserves in Funeral Honors Details.--(1) Chapter
1 of title 32, United States Code, is amended--
(A) in section 114--
(i) by striking ``honor guard functions'' both
places that it appears and inserting ``funeral honors
functions''; and
(ii) by striking ``drill or training otherwise
required'' and inserting ``drill or training, but may
be performed as funeral honors duty under section 115
of this title''; and
(B) by adding at the end the following:
``Sec. 115. Funeral honors duty performed as a Federal function
``(a) Order to Duty.--A member of the Army National Guard of the
United States or the Air National Guard of the United States may be
ordered to funeral honors duty, with the consent of the member, to
prepare for or perform funeral honors functions at the funeral of a
veteran under section 1491 of title 10. However, a member of the Army
National Guard of the United States or the Air National Guard of the
United States may not be ordered to perform funeral honors functions
under this section without the consent of the Governor or other
appropriate authority of the State concerned.
``(b) Service Credit.--A member ordered to funeral honors duty
under this section shall be required to perform a minimum of two hours
of such duty in order to receive--
``(1) service credit under section 12732(a)(2)(E) of title
10; and
``(2) if authorized by the Secretary concerned, the
allowance under section 435 of title 37.
``(c) Reimbursable Expenses.--A member who performs funeral honors
duty under this section may be paid reimbursement for travel and
transportation expenses incurred in conjunction with such duty as
authorized under chapter 7 of title 37 if such duty is performed at a
location 100 miles or more from the member's residence.
``(d) Regulations.--The exercise of authority under subsection (a)
is subject to regulations prescribed by the Secretary of Defense.''.
(2) Chapter 1213 of title 10, United States Code, is amended by
adding at the end the following:
``Sec. 12503. Ready Reserve: funeral honors duty
``(a) Order to Duty.--A member of the Ready Reserve may be ordered
to funeral honors duty, with the consent of the member, in preparation
for or to perform funeral honors functions at the funeral of a veteran
as defined in section 1491 of this title.
``(b) Service Credit.--A member ordered to funeral honors duty
under this section shall be required to perform a minimum of two hours
of such duty in order to receive--
``(1) service credit under section 12732(a)(2)(E) of this
title; and
``(2) if authorized by the Secretary concerned, the
allowance under section 435 of title 37.
``(c) Reimbursable Expenses.--A member who performs funeral honors
duty under this section may be paid reimbursement for travel and
transportation expenses incurred in conjunction with such duty as
authorized under chapter 7 of title 37 if such duty is performed at a
location 100 miles or more from the member's residence.
``(d) Regulations.--The exercise of authority under subsection (a)
is subject to regulations prescribed by the Secretary of Defense.
``(e) Members of the National Guard.--This section does not apply
to members of the Army National Guard of the United States or the Air
National Guard of the United States. The performance of funeral honors
duty by such members is provided for in section 115 of title 32.''.
(3) Section 12552 of title 10, United States Code, is amended--
(A) by striking ``honor guard functions'' and inserting
``funeral honors functions''; and
(B) by striking ``drill or training otherwise required''
and inserting ``drill or training, but may be performed as
funeral honors duty under section 12503 of this title''.
(h) Crediting of One Point for Reserve Serving on Detail.--Section
12732(a)(2) of such title is amended--
(1) by inserting after subparagraph (D) the following:
``(E) One point for each day on which funeral
honors duty is performed for at least two hours under
section 12503 of this title or section 115 of title 32,
unless the duty is performed while in a status for
which credit is provided under another subparagraph of
this paragraph.''; and
(2) by striking ``, and (D)'' in the second sentence and
inserting ``, (D), and (E)''.
(i) Benefits for Members in Funeral Honors Duty Status.--(1)
Section 1074a(a) of such title is amended--
(A) in each of paragraphs (1) and (2)--
(i) by striking ``or'' at the end of subparagraph
(A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) service on funeral honors duty under section
12503 of this title or section 115 of title 32.''; and
(B) by adding at the end the following:
``(4) Each member of the armed forces who incurs or
aggravates an injury, illness, or disease in the line of duty
while remaining overnight immediately before serving on funeral
honors duty under section 12503 of this title or section 115 of
title 32 at or in the vicinity of the place at which the member
was to so serve, if the place is outside reasonable commuting
distance from the member's residence.''.
(2) Section 1076(a)(2) of such title is amended by adding at the
end the following:
``(E) A member who died from an injury, illness, or disease
incurred or aggravated while the member--
``(i) was serving on funeral honors duty under
section 12503 of this title or section 115 of title 32;
``(ii) was traveling to or from the place at which
the member was to so serve; or
``(iii) remained overnight at or in the vicinity of
that place immediately before so serving, if the place
is outside reasonable commuting distance from the
member's residence.''.
(3) Section 1204(2) of such title is amended--
(A) by striking ``or'' at the end of subparagraph (A);
(B) by inserting ``or'' after the semicolon at the end of
subparagraph (B); and
(C) by adding at the end the following:
``(C) is a result of an injury, illness, or disease
incurred or aggravated in line of duty--
``(i) while the member was serving on
funeral honors duty under section 12503 of this
title or section 115 of title 32;
``(ii) while the member was traveling to or
from the place at which the member was to so
serve; or
``(iii) while the member remained overnight
at or in the vicinity of that place immediately
before so serving, if the place is outside
reasonable commuting distance from the member's
residence;''.
(4) Section 1206(2) is amended to read as follows:
``(2) the disability is a result of an injury, illness, or
disease incurred or aggravated in line of duty--
``(A) while--
``(i) performing active duty or inactive-
duty training;
``(ii) traveling directly to or from the
place at which such duty is performed; or
``(iii) remaining overnight immediately
before the commencement of inactive-duty
training, or while remaining overnight between
successive periods of inactive-duty training,
at or in the vicinity of the site of the
inactive-duty training, if the site is outside
reasonable commuting distance of the member's
residence; or
``(B) while the member--
``(i) was serving on funeral honors duty
under section 12503 of this title or section
115 of title 32;
``(ii) was traveling to or from the place
at which the member was to so serve; or
``(iii) remained overnight at or in the
vicinity of that place immediately before so
serving, if the place is outside reasonable
commuting distance from the member's
residence;''.
(5) Section 1481(a)(2) of such title is amended--
(A) by striking ``or'' at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph (E)
and inserting ``; or''; and
(C) by adding at the end the following:
``(F) either--
``(i) serving on funeral honors duty under
section 12503 of this title or section 115 of
title 32;
``(ii) traveling directly to or from the
place at which to so serve; or
``(iii) remaining overnight at or in the
vicinity of that place before so serving, if
the place is outside reasonable commuting
distance from the member's residence.''.
(j) Funeral Honors Duty Allowance.--Chapter 4 of title 37, United
States Code, is amended by adding at the end the following:
``Sec. 435. Allowance for funeral honors duty
``(a) Authority.--The Secretary concerned may authorize payment of
an allowance to a member of the Ready Reserve for each day on which the
member performs at least two hours of funeral honors duty pursuant to
section 12503 of title 10 or section 115 of title 32.
``(b) Amount.--The daily rate of an allowance paid under this
section is $50.
``(c) Full Compensation.--Except for expenses reimbursed under
subsection (c) of section 12503 of title 10 or subsection (c) of
section 115 of title 32, the allowance paid under this section is the
only monetary compensation authorized to be paid a member for the
performance of funeral honors duty pursuant to such section, regardless
of the grade in which serving, and shall constitute payment in full to
the member.''.
(k) Clerical Amendments.--(1)(A) The heading for section 1491 of
title 10, United States Code, is amended to read as follows:
``Sec. 1491. Funeral honors functions at funerals for veterans''.
(B) The heading for section 12552 of title 10, United States Code,
is amended to read as follows:
``Sec. 12552. Funeral honors functions at funerals for veterans''.
(2)(A) The item relating to section 1491 in the table of sections
at the beginning of chapter 75 of title 10, United States Code, is
amended to read as follows:
``1491. Funeral honors functions at funerals for veterans.''.
(B) The table of sections at the beginning of chapter 1213 of title
10, United States Code, is amended by adding at the end the following:
``12503. Ready Reserve: funeral honors duty.''.
(C) The item relating to section 12552 table of sections at the
beginning of chapter 1215 of title 10, United States Code, is amended
to read as follows:
``12552. Funeral honors functions at funerals for veterans.''.
(3)(A) The heading for section 114 of title 32, United States Code,
is amended to read as follows:
``Sec. 114. Funeral honors functions at funerals for veterans''.
(B) The table of sections at the beginning of chapter 1 of title
32, United States Code, is amended by striking the item relating to
section 114 and inserting the following:
``114. Funeral honors functions at funerals for veterans.
``115. Funeral honors duty performed as a Federal function.''.
(4) The table of sections at the beginning of chapter 4 of title
37, United States Code, is amended by adding at the end the following:
``435. Allowance for funeral honors duty.''.
SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED ENTRY PERIOD FOR
ENLISTMENTS OF PERSONS WITH NO PRIOR MILITARY SERVICE.
(a) Maximum Period of Extension.--Section 513(b)(1) of title 10,
United States Code, is amended by striking ``180 days'' in the second
sentence and inserting ``365 days''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to
enlistments entered into on or after that date.
SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM.
(a) Program Required.--The Secretary of the Army shall establish a
pilot program to assess whether the Army could increase the number of,
and the level of the qualifications of, persons accessed into the Army
by encouraging recruits to pursue higher education or vocational or
technical training before entry into active service in the Army.
(b) Delayed Entry With Allowance for Higher Education.--Under the
pilot program, the Secretary may exercise the authority under section
513 of title 10, United States Code--
(1) to accept the enlistment of a person as a Reserve for
service in the Selected Reserve or Individual Ready Reserve of
the Army Reserve or, notwithstanding the scope of the authority
under subsection (a) of that section, in the Army National
Guard of the United States;
(2) to authorize, notwithstanding the period limitation in
subsection (b) of such section, a delay of the enlistment of
that person in a regular component under that subsection for
the period during which the person is enrolled in and pursuing
a program of education at an institution of higher education,
or a program of vocational or technical training, on a full-
time basis that is to be completed within two years after the
date of the enlistment as a Reserve; and
(3) in the case of a person enlisted in a reserve component
for service in the Individual Ready Reserve, pay an allowance
to the person for each month of that period.
(c) Maximum Period of Delay.--The period of delay authorized a
person under paragraph (2) of subsection (b) may not exceed the two-
year period beginning on the date of the person's enlistment accepted
under paragraph (1) of such subsection.
(d) Amount of Allowance.--(1) The monthly allowance paid under
subsection (b)(3) is $150. The allowance may not be paid for more than
24 months.
(2) An allowance under this section is in addition to any other pay
and allowances to which a member of a reserve component is entitled by
reason of participation in the Ready Reserve of that component.
(e) Comparison Group.--To perform the assessment under subsection
(a), the Secretary may define and study any group not including persons
receiving a benefit under subsection (b) and compare that group with
any group or groups of persons who receive such benefits under the
pilot program.
(f) Duration of Pilot Program.--The pilot program shall be in
effect during the period beginning on October 1, 1999, and ending on
September 30, 2004.
(g) Report.--Not later than February 1, 2004, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the pilot program. The report shall
include the following:
(1) The assessment of the Secretary regarding the value of
the authority under this section for achieving the objectives
of increasing the number of, and the level of the
qualifications of, persons accessed into the Army.
(2) Any recommendation for legislation or other actions
that the Secretary considers appropriate to achieve such
objectives through grants of entry delays and financial
benefits for advanced education and training of recruits.
SEC. 574. REDUCTION IN REQUIRED FREQUENCY OF REPORTING ON THE SELECTED
RESERVE EDUCATIONAL ASSISTANCE PROGRAM UNDER THE
MONTGOMERY GI BILL.
The text of section 16137 of title 10, United States Code, is
amended to read as follows:
``The Secretary of Defense shall submit to Congress a report not
later than March 1 of every other year concerning the operation of the
educational assistance program established by this chapter. The report
shall cover the two fiscal years preceding the fiscal year in which the
report is submitted and shall include the number of members of the
Selected Reserve of the Ready Reserve of each armed force receiving,
and the number entitled to receive, educational assistance under this
chapter during the period covered by the report. The Secretary may
submit the report more frequently and adjust the period covered by the
report accordingly.''.
SEC. 575. PARTICIPATION OF MEMBERS IN MANAGEMENT OF ORGANIZATIONS
ABROAD THAT PROMOTE INTERNATIONAL UNDERSTANDING.
Section 1033(b)(3) of title 10, United States Code, is amended by
inserting after subparagraph (D) the following:
``(E) An entity that, operating in a foreign nation where
United States personnel are serving at United States military
activities, promotes understanding and tolerance between such
personnel (and their families) and the people of that host
foreign nation through programs that foster social relations
between those persons.''.
SEC. 576. FORENSIC PATHOLOGY INVESTIGATIONS BY ARMED FORCES MEDICAL
EXAMINER.
(a) Investigation Authority.--Chapter 75 of title 10, United States
Code, is amended by striking the heading for the chapter and inserting
the following:
``CHAPTER 75--DECEASED PERSONNEL
``Subchapter Sec.
``I. Death Investigations................................... 1471
``II. Death Benefits........................................ 1475
``SUBCHAPTER I--DEATH INVESTIGATIONS
``Sec.
``1471. Forensic pathology investigations.
``Sec. 1471. Forensic pathology investigations
``(a) Authority.--Under regulations prescribed by the Secretary of
Defense, the Armed Forces Medical Examiner may conduct a forensic
pathology investigation to determine the cause or manner of death of a
deceased person under circumstances described in subsection (b). The
investigation may include an autopsy of the decedent's remains.
``(b) Basis for Investigation.--A forensic pathology investigation
of a death under this section is justified if--
``(1) either--
``(A) it appears that the decedent was killed or
that, whatever the cause of the decedent's death, the
cause was unnatural;
``(B) the cause or manner of death is unknown;
``(C) there is reasonable suspicion that the death
was by unlawful means;
``(D) it appears that the death resulted from an
infectious disease or from the effects of a hazardous
material that may have an adverse effect on the
military installation or community involved; or
``(E) the identity of the decedent is unknown; and
``(2) either--
``(A) the decedent--
``(i) was found dead or died at an
installation garrisoned by units of the armed
forces that is under the exclusive jurisdiction
of the United States;
``(ii) was a member of the armed forces on
active duty or inactive duty for training;
``(iii) was a former member recently
retired under chapter 61 of this title as a
result of an injury or illness incurred while a
member on active duty or inactive duty for
training; or
``(iv) was a civilian dependent of a member
of the armed forces and was found dead or died
outside the United States;
``(B) in any other authorized Department of Defense
investigation of matters which involves the death, a
factual determination of the cause or manner of the
death is necessary; or
``(C) in any other authorized investigation being
conducted by the Federal Bureau of Investigation, the
National Transportation Safety Board, or any other
Federal agency, an authorized official of such agency
with authority to direct a forensic pathology
investigation requests that the Armed Forces Medical
Examiner conduct such an investigation.
``(c) Determination of Justification.--(1) Subject to paragraph
(2), the determination under paragraph (1) of subsection (b) shall be
made by the Armed Forces Medical Examiner.
``(2) A commander may make the determination under paragraph (1) of
subsection (b) and require a forensic pathology investigation under
this section without regard to a determination made by the Armed Forces
Medical Examiner if--
``(A) in a case involving circumstances described in
paragraph (2)(A)(i) of that subsection, the commander is the
commander of the installation where the decedent was found dead
or died; or
``(B) in a case involving circumstances described in
paragraph (2)(A)(ii) of that subsection, the commander is the
commander of the decedent's unit at a level in the chain of
command designated for such purpose in the regulations
prescribed by the Secretary of Defense.
``(d) Limitation in Concurrent Jurisdiction Cases.--(1) The
exercise of authority under this section is subject to the exercise of
primary jurisdiction for the investigation of a death--
``(A) in the case of a death in a State, by the State or a
local government of the State; or
``(B) in the case of a death in a foreign country, by that
foreign country under any applicable treaty, status of forces
agreement, or other international agreement between the United
States and that foreign country.
``(2) Paragraph (1) does not limit the authority of the Armed
Forces Medical Examiner to conduct a forensic pathology investigation
of a death that is subject to the exercise of primary jurisdiction by
another sovereing if the investigation by the other sovereing is
concluded without a forensic pathology investigation that the Armed
Forces Medical Examiner considers complete. For the purposes of the
preceding sentence a forensic pathology investigation is incomplete if
the investigation does not include an autopsy of the decedent.
``(e) Procedures.--For a forensic pathology investigation under
this section, the Armed Forces Medical Examiner shall--
``(1) designate one or more qualified pathologists to
conduct the investigation;
``(2) to the extent practicable and consistent with
responsibilities under this section, give due regard to any
applicable law protecting religious beliefs;
``(3) as soon as practicable, notify the decedent's family,
if known, that the forensic pathology investigation is being
conducted;
``(4) as soon as practicable after the completion of the
investigation, authorize release of the decedent's remains to
the family, if known; and
``(5) promptly report the results of the forensic pathology
investigation to the official responsible for the overall
investigation of the death.
``(f) Definition of State.--In this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico, and
Guam.''.
(b) Repeal of Authority for Existing Inquest Procedures.--Sections
4711 and 9711 of title 10, United States Code, are repealed.
(c) Technical and Clerical Amendments.--(1) Chapter 75 of such
title, as amended by subsection (a), is further amended by inserting
before section 1475 the following:
``SUBCHAPTER II--DEATH BENEFITS''.
(2) The item relating to chapter 75 in the tables of chapters at
the beginning subtitle A of such title and at the beginning of part II
of such subtitle is amended to read as follows
``75. Deceased Personnel.................................... 1471''.
(3) The table of sections at the beginning chapter 445 of such
title is amended by striking the item relating to section 4711.
(4) The table of sections at the beginning chapter 945 of such
title is amended by striking the item relating to section 9711.
SEC. 577. NONDISCLOSURE OF INFORMATION ON MISSING PERSONS RETURNED TO
UNITED STATES CONTROL.
Section 1506 of title 10, United States Code, is amended by adding
at the end the following:
``(f) Nondisclosure of Certain Information.--A record of the
content of a debriefing of a missing person returned to United States
control during the period beginning July 8, 1959, and ending February
10, 1996, that was conducted by an official of the United States
authorized to conduct the debriefing is privileged information and,
notwithstanding sections 552 and 552a of title 5, may not be disclosed,
in whole or in part, under either such section.''.
SEC. 578. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS PURPOSES.
(a) Authority.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 2249c. Use of recruiting materials for public relations
``Advertising materials developed for use for recruitment and
retention of personnel for the armed forces may be used for public
relations purposes of the Department of Defense under such conditions
and subject to such restrictions as the Secretary of Defense shall
prescribe.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following:
``2249c. Use of recruiting materials for public relations.''.
SEC. 579. IMPROVEMENT AND TRANSFER OF JURISDICTION OF TROOPS-TO-
TEACHERS PROGRAM.
(a) Recodification, Improvement, and Transfer of Program.--(1)
Section 1151 of title 10, United States Code, is amended to read as
follows:
``Sec. 1151. Assistance to certain separated or retired members to
obtain certification and employment as teachers
``(a) Program Authorized.--The administering Secretary may carry
out a program--
``(1) to assist eligible members of the armed forces after
their discharge or release, or retirement, from active duty to
obtain certification or licensure as elementary or secondary
school teachers or as vocational or technical teachers; and
``(2) to facilitate the employment of such members by local
educational agencies identified under subsection (b)(1).
``(b) Identification of Local Educational Agencies and States.--
(1)(A) In carrying out the program, the administering Secretary shall
periodically identify local educational agencies that--
``(i) are receiving grants under title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as
a result of having within their jurisdictions concentrations of
children from low-income families; or
``(ii) are experiencing a shortage of qualified teachers,
in particular a shortage of science, mathematics, special
education, or vocational or technical teachers.
``(B) The administering Secretary may identify local educational
agencies under subparagraph (A) through surveys conducted for that
purpose or by utilizing information on local educational agencies that
is available to the Secretary of Education from other sources.
``(2) In carrying out the program, the administering Secretary
shall also conduct a survey of States to identify those States that
have alternative certification or licensure requirements for teachers,
including those States that grant credit for service in the armed
forces toward satisfying certification or licensure requirements for
teachers.
``(c) Eligible Members.--(1) Subject to paragraph (2), the
following members shall be eligible for selection to participate in the
program:
``(A) Any member who--
``(i) during the period beginning on October 1,
1990, and ending on September 30, 1999, was
involuntarily discharged or released from active duty
for purposes of a reduction of force after six or more
years of continuous active duty immediately before the
discharge or release; and
``(ii) satisfies such other criteria for
eligibility as the administering Secretary may
prescribe.
``(B) Any member--
``(i) who, on or after October 1, 1999--
``(I) is retired for length of service with
at least 20 years of active service computed
under section 3925, 3926, 8925, or 8926 of this
title or for purposes of chapter 571 of this
title; or
``(II) is retired under section 1201 or
1204 of this title;
``(ii) who--
``(I) in the case of a member applying for
assistance for placement as an elementary or
secondary school teacher, has received a
baccalaureate or advanced degree from an
accredited institution of higher education; or
``(II) in the case of a member applying for
assistance for placement as a vocational or
technical teacher--
``(aa) has received the equivalent
of one year of college from an
accredited institution of higher
education and has 10 or more years of
military experience in a vocational or
technical field; or
``(bb) otherwise meets the
certification or licensure requirements
for a vocational or technical teacher
in the State in which such member seeks
assistance for placement under the
program; and
``(iii) who satisfies any criteria prescribed under
subparagraph (A)(ii).
``(2) A member described in paragraph (1) shall be eligible to
participate in the program only if the member's last period of service
in the armed forces was characterized as honorable by the Secretary
concerned.
``(d) Information Regarding Program.--(1) The administering
Secretary shall provide information regarding the program, and make
applications for the program available, to members as part of
preseparation counseling provided under section 1142 of this title.
``(2) The information provided to members shall--
``(A) indicate the local educational agencies identified
under subsection (b)(1); and
``(B) identify those States surveyed under subsection
(b)(2) that have alternative certification or licensure
requirements for teachers, including those States that grant
credit for service in the armed forces toward satisfying such
requirements.
``(e) Selection of Participants.--(1)(A) Selection of members to
participate in the program shall be made on the basis of applications
submitted to the administering Secretary on a timely basis. An
application shall be in such form and contain such information as that
Secretary may require.
``(B) An application shall be considered to be submitted on a
timely basis if the application is submitted as follows:
``(i) In the case of an applicant who is eligible under
subsection (c)(1)(A), not later than September 30, 2003.
``(ii) In the case of an applicant who is eligible under
subsection (c)(1)(B), not later than four years after the date
of the retirement of the applicant from active duty.
``(2) In selecting participants to receive assistance for placement
as elementary or secondary school teachers or vocational or technical
teachers, the administering Secretary shall give priority to members
who--
``(A) have educational or military experience in science,
mathematics, special education, or vocational or technical
subjects and agree to seek employment as science, mathematics,
or special education teachers in elementary or secondary
schools or in other schools under the jurisdiction of a local
educational agency; or
``(B) have educational or military experience in another
subject area identified by that Secretary, in consultation with
the National Governors Association, as important for national
educational objectives and agree to seek employment in that
subject area in elementary or secondary schools.
``(3) The administering Secretary may not select a member to
participate in the program unless that Secretary has sufficient
appropriations for the program available at the time of the selection
to satisfy the obligations to be incurred by the United States under
subsection (g) with respect to that member.
``(f) Agreement.--A member selected to participate in the program
shall be required to enter into an agreement with the administering
Secretary in which the member agrees--
``(1) to obtain, within such time as that Secretary may
require, certification or licensure as an elementary or
secondary school teacher or vocational or technical teacher;
and
``(2) to accept an offer of full-time employment as an
elementary or secondary school teacher or vocational or
technical teacher for not less than four school years with a
local educational agency identified under subparagraph (A) or
(B) of subsection (b)(1), to begin the school year after
obtaining that certification or licensure.
``(g) Stipend and Bonus for Participants.--(1)(A) Subject to
subparagraph (B), the administering Secretary shall pay to each
participant in the program a stipend in an amount equal to $5,000.
``(B) The total number of stipends that may be paid under this
paragraph in any fiscal year may not exceed 3,000.
``(2)(A) Subject to subparagraph (B), the administering Secretary
may, in lieu of paying a stipend under paragraph (1), pay a bonus of
$10,000 to each participant in the program who agrees under subsection
(f) to accept full-time employment as an elementary or secondary school
teacher or vocational or technical teacher for not less than four years
in a high need school.
``(B) The total number of bonuses that may be paid under this
paragraph in any fiscal year may not exceed 1,000.
``(C) In this paragraph, the term `high need school' means an
elementary school or secondary school that meets one or more of the
following criteria:
``(i) A drop out rate that exceeds the national average
school drop out rate.
``(ii) A large percentage of students (as determined by the
Secretary of Education in consultation with the National
Assessment Governing Board) who speak English as a second
language.
``(iii) A large percentage of students (as so determined)
who are at risk of educational failure by reason of limited
proficiency in English, poverty, race, geographic location, or
economic circumstances.
``(iv) A population of students at least one-half of which
are from families with an income below the poverty line (as
that term is defined by the Office of Management and Budget and
revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
``(v) A large percentage of students (as so determined) who
qualify for assistance under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.).
``(vi) Any other criteria established by the administering
Secretary in consultation with the National Assessment
Governing Board.
``(3) Stipends and bonuses paid under this subsection shall be
taken into account in determining the eligibility of the participant
concerned for Federal student financial assistance provided under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(h) Reimbursement Under Certain Circumstances.--(1) If a
participant in the program fails to obtain teacher certification or
licensure or employment as an elementary or secondary school teacher or
vocational or technical teacher as required under the agreement or
voluntarily leaves, or is terminated for cause, from the employment
during the four years of required service, the participant shall be
required to reimburse the administering Secretary for any stipend paid
to the participant under subsection (g)(1) in an amount that bears the
same ratio to the amount of the stipend as the unserved portion of
required service bears to the four years of required service.
``(2) If a participant in the program who is paid a bonus under
subsection (g)(2) fails to obtain employment for which the bonus was
paid, or voluntarily leaves or is terminated for cause from the
employment during the four years of required service, the participant
shall be required to reimburse the administering Secretary for the
bonus in an amount that bears the same ratio to the amount of the bonus
as the unserved portion of required service bears to the four years of
required service.
``(3)(A) The obligation to reimburse the administering Secretary
under this subsection is, for all purposes, a debt owing the United
States.
``(B) A discharge in bankruptcy under title 11 shall not release a
participant from the obligation to reimburse the administering
Secretary under this subsection.
``(C) Any amount owed by a participant under paragraph (1) or (2)
shall bear interest at the rate equal to the highest rate being paid by
the United States on the day on which the reimbursement is determined
to be due for securities having maturities of ninety days or less and
shall accrue from the day on which the participant is first notified of
the amount due.
``(i) Exceptions to Reimbursement Provisions.--(1) A participant in
the program shall not be considered to be in violation of an agreement
entered into under subsection (f) during any period in which the
participant--
``(A) is pursuing a full-time course of study related to
the field of teaching at an eligible institution;
``(B) is serving on active duty as a member of the armed
forces;
``(C) is temporarily totally disabled for a period of time
not to exceed three years as established by sworn affidavit of
a qualified physician;
``(D) is unable to secure employment for a period not to
exceed 12 months by reason of the care required by a spouse who
is disabled;
``(E) is seeking and unable to find full-time employment as
a teacher in an elementary or secondary school or as a
vocational or technical teacher for a single period not to
exceed 27 months; or
``(F) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the administering
Secretary.
``(2) A participant shall be excused from reimbursement under
subsection (h) if the participant becomes permanently totally disabled
as established by sworn affidavit of a qualified physician. The
administering Secretary may also waive reimbursement in cases of
extreme hardship to the participant, as determined by that Secretary.
``(j) Relationship to Educational Assistance Under Montgomery GI
Bill.--The receipt by a participant in the program of any assistance
under the program shall not reduce or otherwise affect the entitlement
of the participant to any benefits under chapter 30 of title 38 or
chapter 1606 of this title.
``(k) Discharge of State Activities Through Consortia of States.--
The administering Secretary may permit States participating in the
program to carry out activities authorized for such States under this
section through one or more consortia of such States.
``(l) Assistance to States in Activities Under Program.--(1)
Subject to paragraph (2), the administering Secretary may make grants
to States participating in the program, or to consortia of such States,
in order to permit such States or consortia of States to operate
offices for purposes of recruiting eligible members for participation
in the program and facilitating the employment of participants in the
program in schools in such States or consortia of States.
``(2) The total amount of grants under paragraph (1) in any fiscal
year may not exceed $4,000,000.
``(m) Limitation on Use of Funds for Management Infrastructure.--
The administering Secretary may utilize not more than five percent of
the funds available to carry out the program for a fiscal year for
purposes of establishing and maintaining the management infrastructure
necessary to support the program.
``(n) Definitions.--In this section:
``(1) The term `administering Secretary', with respect to
the program authorized by this section, means the following:
``(A) The Secretary of Defense with respect to the
armed forces (other than the Coast Guard) for the
period beginning on October 23, 1992, and ending on the
date of the completion of the transfer of
responsibility for the program to the Secretary of
Education under section 579(c) of the National Defense
Authorization Act for Fiscal Year 2000.
``(B) The Secretary of Transportation with respect
to the Coast Guard for the period referred to in
subparagraph (A).
``(C) The Secretary of Education for any period
after the period referred to in subparagraph (A).
``(2) The term `State' includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam, the
Republic of the Marshall Islands, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the
Republic of Palau, and the United States Virgin Islands.
``(3) The term `alternative certification or licensure
requirements' means State or local teacher certification or
licensure requirements that permit a demonstrated competence in
appropriate subject areas gained in careers outside of
education to be substituted for traditional teacher training
course work.''.
(2) The table of sections at the beginning of chapter 58 of such
title is amended by striking the item relating to section 1151 and
inserting the following new item:
``1151. Assistance to certain separated or retired members to obtain
certification and employment as
teachers.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999.
(c) Transfer of Jurisdiction over Current Program.--(1) The
Secretary of Defense, Secretary of Transportation, and Secretary of
Education shall provide for the transfer to the Secretary of Education
of any on-going functions and responsibilities of the Secretary of
Defense and the Secretary of Transportation with respect to the program
authorized by section 1151 of title 10, United States Code, for the
period beginning on October 23, 1992, and ending on September 30, 2001.
(2) The Secretaries shall complete the transfer under paragraph (1)
not later than October 1, 2001.
(3) After completion of the transfer, the Secretary of Education
shall discharge that Secretary's functions and responsibilities with
respect to the program in consultation with the Secretary of Defense
and the Secretary of Transportation with respect to the Coast Guard.
(d) Reports.--(1) Not later than March 31, 2002, the Secretary of
Education (in consultation with the Secretary of Defense and the
Secretary of Transportation) and the Comptroller General shall each
submit to Congress a report on the effectiveness of the program
authorized by section 1151 of title 10, United States Code (as amended
by subsection (a)), in the recruitment and retention of qualified
personnel by local educational agencies identified under subsection
(b)(1) of such section 1151.
(2) The report under paragraph (1) shall include information on the
following:
(A) The number of participants in the program.
(B) The schools in which such participants are employed.
(C) The grade levels at which such participants teach.
(D) The subject matters taught by such participants.
(E) The effectiveness of the teaching of such participants,
as indicated by any relevant test scores of the students of
such participants.
(F) The extent of any academic improvement in the schools
in which such participants teach by reason of their teaching.
(G) The rates of retention of such participants by the
local educational agencies employing such participants.
(H) The effect of any stipends or bonuses under subsection
(g) of such section 1151 in enhancing participation in the
program or in enhancing recruitment or retention of
participants in the program by the local educational agencies
employing such participants.
(I) Such other matters as the Secretary of Education or the
Comptroller General, as the case may be, considers appropriate.
(3) The report of the Comptroller General under paragraph (1) shall
also include any recommendations of the Comptroller General as to means
of improving the program, including means of enhancing the recruitment
and retention of participants in the program.
SEC. 580. SUPPORT FOR EXPANDED CHILD CARE SERVICES AND YOUTH PROGRAM
SERVICES FOR DEPENDENTS.
(a) Authority.--(1) Subchapter II of chapter 88 of title 10, United
States Code, is amended--
(A) by redesignating section 1798 as section 1800; and
(B) by inserting after section 1797 the following:
``Sec. 1798. Child care services and youth program services for
dependents: financial assistance for providers
``(a) Authority.--The Secretary of Defense may provide financial
assistance to an eligible civilian provider of child care services or
youth program services that furnishes such services for members of the
armed forces and employees of the Federal Government if the Secretary
determines that providing the assistance--
``(1) is in the best interest of the Department of Defense;
``(2) enables supplementation or expansion of furnishing of
the services for military installations; and
``(3) ensures that the eligible provider is able to comply,
and does comply, with the regulations, policies, and standards
of the Department of Defense that are applicable to the
furnishing of such services.
``(b) Eligible Provider.--A provider of child care services or
youth program services is eligible for financial assistance under
paragraph (1) if the provider--
``(1) is licensed to provide the services under applicable
State and local law;
``(2) has previously provided such services for members of
the armed forces or employees of the Federal Government; and
``(3) either--
``(A) is a provider of otherwise federally funded
or sponsored child development services;
``(B) provides the services in a child development
center owned and operated by a private, not-for-profit
organization;
``(C) is a provider of family child care services;
``(D) conducts a before-school or after-school
child care program in a public school facility;
``(E) conducts an otherwise federally funded or
federally sponsored school age child care or youth
services program;
``(F) conducts a school age child care or youth
services program that is owned and operated by a not-
for-profit organization; or
``(G) is a provider of another category of child
care services or youth services determined by the
Secretary of Defense as appropriate for meeting the
needs of members of the armed forces or employees of
the Department of Defense.
``(c) Funding.--To provide financial assistance under this
subsection, the Secretary of Defense may use any funds available for
the Department of Defense.
``(d) Biennial Report.--(1) Every two years the Secretary of
Defense shall submit to Congress a report on the exercise of authority
under this section. The report shall include an evaluation of the
effectiveness of the authority for meeting the needs of members of the
armed forces or employees of the Department of Defense for child care
services and youth program services. The report may include any
recommendations for legislation that the Secretary considers
appropriate to enhance the capability of the Department of Defense to
meet those needs.
``(2) A biennial report under this subsection may be combined with
the biennial report under section 1799(d) of this title into one report
for submission to Congress.
``Sec. 1799. Child care services and youth program services for
dependents: participation by children and youth otherwise
ineligible
``(a) Authority.--The Secretary may authorize participation in
child care or youth programs of the Department of Defense, to the
extent of the availability of space and services, by children and youth
under the age of 19 who are not dependents of members of the armed
forces or of employees of the Department of Defense and are not
otherwise eligible for participation in the programs.
``(b) Limitation.--Authorization of participation in a program
under subsection (a) shall be limited to situations in which the
participation promotes the attainment of the objectives set forth in
subsection (c), as determined by the Secretary.
``(c) Objectives.--The objectives for authorizing participation in
a program under subsection (a) are as follows:
``(1) To support the integration of children and youth of
military families into civilian communities.
``(2) To make more efficient use of Department of Defense
facilities and resources.
``(3) To establish or support a partnership or consortium
arrangement with schools and other youth services organizations
serving children of the armed forces.
``(d) Biennial Report.--(1) Every two years the Secretary of
Defense shall submit to Congress a report on the exercise of authority
under this section. The report shall include an evaluation of the
effectiveness of the authority for achieving the objectives set out
under subsection (c). The report may include any recommendations for
legislation that the Secretary considers appropriate to enhance the
capability of the Department of Defense to attain those objectives.
``(2) A biennial report under this subsection may be combined with
the biennial report under section 1798(d) of this title into one report
for submission to Congress.''.
(2) The table of sections at the beginning of such subchapter is
amended by striking the item relating to section 1798 and inserting the
following:
``1798. Child care services and youth program services for dependents:
financial assistance for providers.''.
``1799. Child care services and youth program services for dependents:
participation by children and youth
otherwise ineligible.
``1800. Definitions.''.
(b) First Biennial Reports.--The first biennial reports under
sections 1798(d) and 1799(d) of title 10, United States Code (as added
by subsection (a)), shall be submitted not later than March 31, 2002,
and shall cover fiscal years 2000 and 2001.
SEC. 581. RESPONSES TO DOMESTIC VIOLENCE IN THE ARMED FORCES.
(a) Military-Civilian Task Force on Domestic Violence.--(1) The
Secretary of Defense shall establish a Military-Civilian Task Force on
Domestic Violence. The Secretary shall appoint the members of the task
force in accordance with this section not later than six months after
the date of the enactment of this Act.
(2)(A) Not later than six months after the date on which all
members of the task force are appointed, the task force shall submit to
the Secretary of Defense recommendations on the matters set out under
subsection (b). The task force shall, thereafter, submit to the
Secretary of Defense from time to time any analyses and recommendations
for policies regarding how the Armed Forces can effectively respond,
and improve responses, to cases of domestic violence that the task
force considers appropriate.
(B) The task force shall submit to Congress an annual report
containing a detailed discussion of the achievements in responses to
domestic violence in the Armed Forces, pending research on domestic
violence, and any recommendations for actions to improve the responses
of the Armed Forces to domestic violence in the Armed Forces that the
task force considers appropriate.
(C) The task force shall--
(i) meet in plenary session at least once annually; and
(ii) visit military installations overseas annually and
military installations within the United States semiannually.
(3) The Secretary shall appoint the members of the task force. The
task force shall include the following:
(A) Representatives of Department of Defense family
advocacy programs.
(B) Medical personnel.
(C) Judge advocates.
(D) Military police or other law enforcement personnel of
the Armed Forces.
(E) Commanders.
(F) Personnel who plan, execute, and evaluate training of
the Armed Forces.
(G) Civilian personnel who are experts on domestic
violence, family advocates, providers of services specifically
for victims of domestic violence, and researchers in domestic
violence including, but not limited to, the following:
(i) At least two representatives from the national
domestic violence resource center and the special issue
resource centers referred to in section 308 of the
Family Violence Prevention and Services Act (42 U.S.C.
Sec. 10407).
(ii) At least two representatives from national
domestic violence and sexual assault policy
organizations.
(iii) At least two representatives from selected
States' domestic violence and sexual assault
coalitions.
(iv) At least two local domestic violence and
sexual assault service providers in communities located
near military installations.
(H) Civilian law enforcement personnel (appointed in
consultation with the Attorney General).
(I) Representatives of the Department of Justice (appointed
in consultation with the Attorney General) from the following
offices:
(i) The Office on Violence Against Women.
(ii) The Violence Against Women Grants Office.
(J) Representatives of the Department of Health and Human
Services (appointed in consultation with the Secretary of
Health and Human Services) from the Family Violence Prevention
and Services Office.
(4) The Secretary shall ensure that the task force includes the
following:
(A) Representatives of the Office of the Secretary of
Defense.
(B) General and flag officers.
(C) Noncommissioned officers.
(D) Other enlisted personnel.
(5) The Secretary of Defense shall annually designate to chair the
task force one member of the task force from among the members on a
list of nominees submitted to the Secretary for that purpose by the
task force.
(6) Each member of the task force shall serve without compensation
(other than the compensation to which entitled as a member of the Armed
Forces or an officer or employee of the United States, as the case may
be), but shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while away
from the member's home or regular places of business in the performance
of services for the task force.
(7) The Assistant Secretary of Defense for Force Management Policy,
under the direction of the Under Secretary of Defense for Personnel and
Readiness, shall provide oversight of the task force and shall provide
the task force with the personnel, facilities, and other administrative
support that is necessary for the performance of the task force's
duties. The Assistant Secretary shall provide for the Secretaries of
the military department to provide support described in paragraph
(8)(B) for the task force on a rotating basis.
(8) The Secretary of the military department concerned shall--
(A) coordinate visits of the task force to military
installations; and
(B) as designated by the Assistant Secretary of Defense and
in coordination with Assistant Secretary, provide
administrative, logistical, and other support for the meetings
of the task force.
(9) The task force shall terminate three years after the date on
which all members of the task force are appointed.
(b) Uniform Responses.--Not later than six months after receiving
the report of the task force under subsection (a)(2)(A), the Secretary
of Defense shall, in consultation with the task force, prescribe the
following:
(1) Standard formats for memorandums of agreement or
understanding to be used by the Secretaries of the military
departments for entering into agreements with civilian law
enforcement authorities relating to acts of domestic violence
involving members of the Armed Forces.
(2) A requirement for a commanding officer of a member of
the Armed Forces ordered by a superior not to have contact with
a person to give a written copy of the order to each person
protected by the order within 24 hours after the issuance of
the order.
(3) Standard guidance on the factors for commanders to
consider when determining appropriate action for substantiated
allegations of domestic violence by a person subject to that
Code.
(4) A standard training program for all commanding officers
in the Armed Forces, including a standard curriculum, on the
handling of domestic violence cases.
(c) Reporting Requirements.--(1) The Secretary shall establish a
central database of information on the cases of domestic violence
involving members of the Armed Forces.
(2) The Secretary shall require the administrator of each family
advocacy program of the Armed Forces to maintain and report annually to
the administrator of the database established under paragraph (1), the
information received or developed under the program on the following
matters:
(A) Each domestic violence case reported to a commander,
any law enforcement authority of the Armed Forces, or a family
advocacy program of the Department of Defense.
(B) The number of the cases that involve evidence
determined sufficient for supporting disciplinary action and,
for each such case, a description of the substantiated
allegation and the action taken by command authorities in the
case.
(C) The number of the cases that involve evidence
determined insufficient for supporting disciplinary action and,
for each such case, a description of the allegation.
(3) The Secretary shall submit to Congress an annual report on the
data submitted to the central database established under paragraph (1).
SEC. 582. POSTHUMOUS ADVANCEMENT OF REAR ADMIRAL (RETIRED) HUSBAND E.
KIMMEL AND MAJOR GENERAL (RETIRED) WALTER C. SHORT ON
RETIRED LISTS.
(a) Findings.--Congress makes the following findings:
(1) The late Rear Admiral (retired) Husband E. Kimmel,
formerly serving in the grade of admiral as the Commander in
Chief of the United States Fleet and the Commander in Chief,
United States Pacific Fleet, had an excellent and unassailable
record throughout his career in the United States Navy prior to
the December 7, 1941 attack on Pearl Harbor.
(2) The late Major General (retired) Walter C. Short,
formerly serving in the grade of lieutenant general as the
Commander of the United States Army Hawaiian Department, had an
excellent and unassailable record throughout his career in the
United States Army prior to the December 7, 1941 attack on
Pearl Harbor.
(3) Numerous investigations following the attack on Pearl
Harbor have documented that then Admiral Kimmel and then
Lieutenant General Short were not provided necessary and
critical intelligence that was available, that foretold of war
with Japan, that warned of imminent attack, and that would have
alerted them to prepare for the attack, including such
essential communiques as the Japanese Pearl Harbor Bomb Plot
message of September 24, 1941, and the message sent from the
Imperial Japanese Foreign Ministry to the Japanese Ambassador
in the United States from December 6-7, 1941, known as the
Fourteen-Part Message.
(4) On December 16, 1941, Admiral Kimmel and Lieutenant
General Short were relieved of their commands and returned to
their permanent ranks of rear admiral and major general.
(5) Admiral William Harrison Standley, who served as a
member of the investigating commission known as the Roberts
Commission that accused Admiral Kimmel and Lieutenant General
Short of ``dereliction of duty'' only six weeks after the
attack on Pearl Harbor, later disavowed the report maintaining
that ``these two officers were martyred'' and ``if they had
been brought to trial, both would have been cleared of the
charge''.
(6) On October 19, 1944, a Naval Court of Inquiry--
(A) exonerated Admiral Kimmel on the grounds that
his military decisions and the disposition of his
forces at the time of the December 7, 1941 attack on
Pearl Harbor were proper ``by virtue of the information
that Admiral Kimmel had at hand which indicated neither
the probability nor the imminence of an air attack on
Pearl Harbor'';
(B) criticized the higher command for not sharing
with Admiral Kimmel ``during the very critical period
of 26 November to 7 December 1941, important
information . . . regarding the Japanese situation'';
and
(C) concluded that the Japanese attack and its
outcome was attributable to no serious fault on the
part of anyone in the naval service.
(7) On June 15, 1944, an investigation conducted by Admiral
T. C. Hart at the direction of the Secretary of the Navy
produced evidence, subsequently confirmed, that essential
intelligence concerning Japanese intentions and war plans was
available in Washington but was not shared with Admiral Kimmel.
(8) On October 20, 1944, the Army Pearl Harbor Board of
Investigation determined that--
(A) Lieutenant General Short had not been kept
``fully advised of the growing tenseness of the
Japanese situation which indicated an increasing
necessity for better preparation for war'';
(B) detailed information and intelligence about
Japanese intentions and war plans were available in
``abundance'', but were not shared with Lieutenant
General Short's Hawaii command; and
(C) Lieutenant General Short was not provided ``on
the evening of December 6th and the early morning of
December 7th, the critical information indicating an
almost immediate break with Japan, though there was
ample time to have accomplished this''.
(9) The reports by both the Naval Court of Inquiry and the
Army Pearl Harbor Board of Investigation were kept secret, and
Rear Admiral (retired) Kimmel and Major General (retired) Short
were denied their requests to defend themselves through trial
by court-martial.
(10) The joint committee of Congress that was established
to investigate the conduct of Admiral Kimmel and Lieutenant
General Short completed, on May 31, 1946, a 1,075-page report
which included the conclusions of the committee that the two
officers had not been guilty of dereliction of duty.
(11) The Officer Personnel Act of 1947, in establishing a
promotion system for the Navy and the Army, provided a legal
basis for the President to honor any officer of the Armed
Forces of the United States who served his country as a senior
commander during World War II with a placement of that officer,
with the advice and consent of the Senate, on the retired list
with the highest grade held while on the active duty list.
(12) On April 27, 1954, the then Chief of Naval Personnel,
Admiral J. L. Holloway, Jr., recommended that Rear Admiral
Kimmel be advanced in rank in accordance with the provisions of
the Officer Personnel Act of 1947.
(13) On November 13, 1991, a majority of the members of the
Board for the Correction of Military Records of the Department
of the Army found that the late Major General (retired) Short
``was unjustly held responsible for the Pearl Harbor disaster''
and that ``it would be equitable and just'' to advance him to
the rank of lieutenant general on the retired list''.
(14) In October 1994, the then Chief of Naval Operations,
Admiral Carlisle Trost, withdrew his 1988 recommendation
against the advancement of Rear Admiral (retired) Kimmel (by
then deceased) and recommended that the case of Rear Admiral
Kimmel be reopened.
(15) Although the Dorn Report, a report on the results of a
Department of Defense study that was issued on December 15,
1995, did not provide support for an advancement of the late
Rear Admiral (retired) Kimmel or the late Major General
(retired) Short in grade, it did set forth as a conclusion of
the study that ``responsibility for the Pearl Harbor disaster
should not fall solely on the shoulders of Admiral Kimmel and
Lieutenant General Short, it should be broadly shared''.
(16) The Dorn Report found--
(A) that ``Army and Navy officials in Washington
were privy to intercepted Japanese diplomatic
communications...which provided crucial confirmation of
the imminence of war'';
(B) that ``the evidence of the handling of these
messages in Washington reveals some ineptitude, some
unwarranted assumptions and misestimations, limited
coordination, ambiguous language, and lack of
clarification and follow-up at higher levels''; and
(C) that ``together, these characteristics resulted
in failure...to appreciate fully and to convey to the
commanders in Hawaii the sense of focus and urgency
that these intercepts should have engendered''.
(17) On July 21, 1997, Vice Admiral David C. Richardson
(United States Navy, retired) responded to the Dorn Report with
his own study which confirmed findings of the Naval Court of
Inquiry and the Army Pearl Harbor Board of Investigation and
established, among other facts, that the war effort in 1941 was
undermined by a restrictive intelligence distribution policy,
and the degree to which the commanders of the United States
forces in Hawaii were not alerted about the impending attack on
Hawaii was directly attributable to the withholding of
intelligence from then Admiral Kimmel and Lieutenant General
Short.
(18) Rear Admiral (retired) Kimmel and Major General
(retired) Short are the only two officers eligible for
advancement under the Officer Personnel Act of 1947 as senior
World War II commanders who were excluded from the list of
retired officers presented for advancement on the retired lists
to their highest wartime ranks under that Act.
(19) This singular exclusion from advancement of Rear
Admiral (retired) Kimmel and Major General (retired) Short from
the Navy retired list and the Army retired list, respectively,
serves only to perpetuate the myth that the senior commanders
in Hawaii were derelict in their duty and responsible for the
success of the attack on Pearl Harbor, and is a distinct and
unacceptable expression of dishonor toward two of the finest
officers who have served in the Armed Forces of the United
States.
(20) Major General (retired) Walter Short died on September
23, 1949, and Rear Admiral (retired) Husband Kimmel died on May
14, 1968, without having been accorded the honor of being
returned to their wartime ranks as were their fellow veterans
of World War II.
(21) The Veterans of Foreign Wars, the Pearl Harbor
Survivors Association, the Admiral Nimitz Foundation, the Naval
Academy Alumni Association, the Retired Officers Association,
the Pearl Harbor Commemorative Committee, and other
associations and numerous retired military officers have called
for the rehabilitation of the reputations and honor of the late
Rear Admiral (retired) Kimmel and the late Major General
(retired) Short through their posthumous advancement on the
retired lists to their highest wartime grades.
(b) Request for Advancement on Retired Lists.--(1) The President is
requested--
(A) to advance the late Rear Admiral (retired) Husband E.
Kimmel to the grade of admiral on the retired list of the Navy;
and
(B) to advance the late Major General (retired) Walter C.
Short to the grade of lieutenant general on the retired list of
the Army.
(2) Any advancement in grade on a retired list requested under
paragraph (1) shall not increase or otherwise modify the compensation
or benefits from the United States to which any person is now or may in
the future be entitled based upon the military service of the officer
advanced.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the late Rear Admiral (retired) Husband E. Kimmel
performed his duties as Commander in Chief, United States
Pacific Fleet, competently and professionally, and, therefore,
the losses incurred by the United States in the attacks on the
naval base at Pearl Harbor, Hawaii, and other targets on the
island of Oahu, Hawaii, on December 7, 1941, were not a result
of dereliction in the performance of those duties by the then
Admiral Kimmel; and
(2) the late Major General (retired) Walter C. Short
performed his duties as Commanding General, Hawaiian
Department, competently and professionally, and, therefore, the
losses incurred by the United States in the attacks on Hickam
Army Air Field and Schofield Barracks, Hawaii, and other
targets on the island of Oahu, Hawaii, on December 7, 1941,
were not a result of dereliction in the performance of those
duties by the then Lieutenant General Short.
SEC. 583. EXIT SURVEY FOR SEPARATING MEMBERS.
(a) Requirement.--The Secretary of Defense shall develop and carry
out a survey on attitudes toward military service to be completed by
members of the Armed Forces who voluntarily separate from the Armed
Forces or transfer from a regular component to a reserve component
during the period beginning on January 1, 2000, and ending on June 30,
2000, or such later date as the Secretary determines necessary in order
to obtain enough survey responses to provide a sufficient basis for
meaningful analysis of survey results. Completion of the survey shall
be required of such personnel as part of outprocessing activities. The
Secretary of each military department shall suspend exit surveys and
interviews of that department during the period described in the first
sentence.
(b) Survey Content.--The survey shall, at a minimum, cover the
following subjects:
(1) Reasons for leaving military service.
(2) Plans for activities after separation (such as
enrollment in school, use of Montgomery GI Bill benefits, and
work).
(3) Affiliation with a Reserve component, together with the
reasons for affiliating or not affiliating, as the case may be.
(4) Attitude toward pay and benefits for service in the
Armed Forces.
(5) Extent of job satisfaction during service as a member
of the Armed Forces.
(6) Such other matters as the Secretary determines
appropriate to the survey concerning reasons for choosing to
separate from the Armed Forces.
(c) Report.--Not later than February 1, 2001, the Secretary shall
submit to Congress a report containing the results of the surveys. The
report shall include an analysis of the reasons why military personnel
voluntarily separate from the Armed Forces and the post-separation
plans of those personnel. The Secretary shall utilize the report's
findings in crafting future responses to declining retention and
recruitment.
SEC. 584. ADMINISTRATION OF DEFENSE REFORM INITIATIVE ENTERPRISE
PROGRAM FOR MILITARY MANPOWER AND PERSONNEL INFORMATION.
(a) Executive Agent.--The Secretary of Defense shall designate the
Secretary of the Navy as the executive agent for carrying out the
defense reform initiative enterprise pilot program for military
manpower and personnel information established under section 8147 of
the Department of Defense Appropriations Act, 1999 (Public Law 105-262;
112 Stat. 2341; 10 U.S.C. 113 note).
(b) Action Officials.--In carrying out the pilot program, the
Secretary of the Navy shall act through the head of the Systems
Executive Office for Manpower and Personnel, who shall act in
coordination with the Under Secretary of Defense for Personnel and
Readiness and the Chief Information Officer of the Department of
Defense.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2000 INCREASE AND RESTRUCTURING OF BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services by section
203(a) of such title to become effective during fiscal year 2000 shall
not be made.
(b) January 1, 2000, Increase in Basic Pay.--Effective on January
1, 2000, the rates of monthly basic pay for members of the uniformed
services shall be increased by 4.8 percent.
(c) Basic Pay Reform.--Effective on July 1, 2000, the rates of
monthly basic pay for members of the uniformed services within each pay
grade are as follows:
COMMISSIONED OFFICERS\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80
O-7............. 5,479.50 5,851.80 5,851.50 5,894.40 6,114.60
O-6............. 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40
O-5............. 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80
O-4............. 2,737.80 3,333.90 3,556.20 3,606.04 3,812.40
O-3\3\.......... 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90
O-2\3\.......... 2,218.80 2,527.20 2,910.90 3,000.00 3,071.10
O-1\3\.......... 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10
O-7............. 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50
O-6............. 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20
O-5............. 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00
O-4............. 3,980.40 4,251.50 4,464.00 4,611.00 4,758.90
O-3\3\.......... 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10
O-2\3\.......... 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1\3\.......... 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10\2\......... $0.00 $10,655.1 $10,707.6 $10,930.2 $11,318.40
0 0 0
O-9............. 0.00 9,319.50 9,453.60 9,647.70 9,986.40
O-8............. 8,503.80 8,830.20 9,048.00 9,048.00 9,048.00
O-7............. 7,985.40 7,985.40 7,985.40 7,985.40 8,025.60
O-6............. 6,086.10 6,381.30 6,549.00 6,719.10 7,049.10
O-5............. 5,436.00 5,583.60 5,751.90 5,751.90 5,751.90
O-4............. 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70
O-3\3\.......... 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10
O-2\3\.......... 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1\3\.......... 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
------------------------------------------------------------------------
\1\Basic pay for these officers is limited to the rate of basic pay for
level V of the Executive Schedule.
\2\While serving as Chairman or Vice Chairman of the Joint Chiefs of
Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of
Staff of the Air Force, Commandant of the Marine Corps, or Commandant
of the Coast Guard, basic pay for this grade is calculated to be
$12,441.00, regardless of cumulative years of service computed under
section 205 of title 37, United States Code. Nevertheless, basic pay
for these officers is limited to the rate of basic pay for level V of
the Executive Schedule.
\3\Does not apply to commissioned officers who have been credited with
over 4 years of active duty service as an enlisted member or warrant
officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,364.80 $3,525.90
O-2E............ 0.00 0.00 0.00 3,009.00 3,071.10
O-1E............ 0.00 0.00 0.00 2,423.10 2,588.40
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80
O-2E............ 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20
O-1E............ 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90
O-2E............ 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20
O-1E............ 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00
------------------------------------------------------------------------
WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40
W-3.............. 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30
W-2.............. 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10
W-1.............. 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60
W-3.............. 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20
W-2.............. 2,555.40 2,852.60 2,749.80 2,844.30 2,949.00
W-1.............. 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40
W-4.............. 3,888.00 4,019.00 4,155.60 4,289.70 4,427.10
W-3.............. 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90
W-2.............. 3,058.40 3,163.80 3,270.90 3,378.30 3,378.30
W-1.............. 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90
------------------------------------------------------------------------
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9\4\........... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70
E-6.............. 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30
E-5.............. 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50
E-4.............. 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90
E-3.............. 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1.............. \5\1,005. 1,005.60 1,005.60 1,005.60 1,005.60
60
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9\4\........... $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50
E-8.............. 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10
E-7.............. 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00
E-6.............. 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60
E-5.............. 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20
E-4.............. 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3.............. 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1.............. 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9\4\........... $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.80
E-8.............. 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60
E-7.............. 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40
E-6.............. 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70
E-5.............. 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20
E-4.............. 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3.............. 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40
E-1.............. 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
------------------------------------------------------------------------
\4\While serving as Sergeant Major of the Army, Master Chief Petty
Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant
Major of the Marine Corps, or Master Chief Petty Officer of the Coast
Guard, basic pay for this grade is $4,701.00, regardless of cumulative
years of service computed under section 205 of title 37, United States
Code.
\5\In the case of members in the grade E-1 who have served less than 4
months on active duty, basic pay is $930.30.
SEC. 602. PAY INCREASES FOR FISCAL YEARS 2001 THROUGH 2006.
(a) ECI+0.5 Percent Increase for All Members.--Section 1009(c) of
title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c) Equal Percentage
Increase for All Members.--''; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1), but subject to subsection (d),
an adjustment taking effect under this section during each of fiscal
years 2001 through 2006 shall provide all eligible members with an
increase in the monthly basic pay by the percentage equal to the sum of
one percent plus the percentage calculated as provided under section
5303(a) of title 5 for such fiscal year (without regard to whether
rates of pay under the statutory pay systems are actually increased
during such fiscal year under that section by the percentage so
calculated).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2000.
SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE FOR FOOD STAMP ELIGIBLE
MEMBERS.
(a) Allowance.--(1) Chapter 7 of title 37, United States Code, is
amended by inserting after section 402 the following new section:
``Sec. 402a. Special subsistence allowance: members eligible for food
stamps
``(a) Entitlement.--Upon the application of an eligible member of a
uniformed service described in subsection (b)(1), the Secretary
concerned shall pay the member a special subsistence allowance for each
month for which the member is eligible to receive food stamp
assistance, as determined by the Secretary.
``(b) Covered Members.--(1) A member referred to subsection (a) is
an enlisted member in pay grade E-5 or below.
``(2) For the purposes of this section, a member shall be
considered as being eligible to receive food stamp assistance if the
household of the member meets the income standards of eligibility
established under section 5(c)(2) of the Food Stamp Act of 1977 (7
U.S.C. 2014(c)(2)), not taking into account the special subsistence
allowance that may be payable to the member under this section and any
allowance that is payable to the member under section 403 or 404a of
this title.
``(c) Termination of Entitlement.--The entitlement of a member to
receive payment of a special subsistence allowance terminates upon the
occurrence of any of the following events:
``(1) Termination of eligibility for food stamp assistance.
``(2) Payment of the special subsistence allowance for 12
consecutive months.
``(3) Promotion of the member to a higher grade.
``(4) Transfer of the member in a permanent change of
station.
``(d) Reestablished Entitlement.--(1) After a termination of a
member's entitlement to the special subsistence allowance under
subsection (c), the Secretary concerned shall resume payment of the
special subsistence allowance to the member if the Secretary
determines, upon further application of the member, that the member is
eligible to receive food stamps.
``(2) Payments resumed under this subsection shall terminate under
subsection (c) upon the occurrence of an event described in that
subsection after the resumption of the payments.
``(3) The number of times that payments are resumed under this
subsection is unlimited.
``(e) Documentation of Eligibility.--A member of the uniformed
services applying for the special subsistence allowance under this
section shall furnish the Secretary concerned with such evidence of the
member's eligibility for food stamp assistance as the Secretary may
require in connection with the application.
``(f) Amount of Allowance.--The monthly amount of the special
subsistence allowance under this section is $180.
``(g) Relationship to Basic Allowance for Subsistence.--The special
subsistence allowance under this section is in addition to the basic
allowance for subsistence under section 402 of this title.
``(h) Food Stamp Assistance Defined.--In this section, the term
`food stamp assistance' means assistance under the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.).
``(i) Termination of Authority.--No special subsistence allowance
may be made under this section for any month beginning after September
30, 2004.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 402 the
following:
``402a. Special subsistence allowance: members eligible for food
stamps.''.
(b) Effective Date.--Section 402a of title 37, United States Code,
shall take effect on the first day of the first month that begins not
less than 180 days after the date of the enactment of this Act.
(c) Annual Report.--(1) Not later than March 1 of each year after
1999, the Secretary of Defense shall submit to Congress a report
setting forth the number of members of the uniformed services who are
eligible for assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.).
(2) In preparing the report, the Secretary shall consult with the
Secretary of Transportation (with respect to the Coast Guard), who
shall provide the Secretary of Defense with any information that the
Secretary determines necessary to prepare the report.
(3) No report is required under this section after March 1, 2004.
SEC. 604. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION WITH A REENLISTMENT.
Section 501 of title 37, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``, termination of
an enlistment in conjunction with the commencement of a
successive enlistment (without regard to the date of the
expiration of the term of the enlistment being terminated),''
after ``honorable conditions''; and
(2) in subsection (b)(2), by striking ``, or entering into
an enlistment,''.
SEC. 605. CONTINUANCE OF PAY AND ALLOWANCES WHILE IN DUTY STATUS
(WHEREABOUTS UNKNOWN).
(a) Continuance of Pay and Allowances.--(1) Chapter 10 of title 37,
United States Code, is amended by inserting after section 552 the
following:
``Sec. 552a. Pay and allowances: continuation while in a duty status
(whereabouts unknown); limitations
``For any period that a member of a uniformed service on active
duty or performing inactive-duty training is in a duty status
(whereabouts unknown), section 552 of this title, except for
subsections (d) and (e), shall apply to the member as if the member
were in a missing status for that period.''.
(2) The table of sections at the beginning of chapter 10 of such
title is amended by inserting after the item relating to section 552
the following:
``552a. Pay and allowances: continuation while in a duty status
(whereabouts unknown); limitations.''.
(b) Definition of Duty Status (Whereabouts Unknown).--Section 551
of such title is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The term `duty status (whereabouts unknown)' means a
transitory casualty status designated for a member of uniformed
service by a commander responsible for accounting for the
member when the commander suspects that the member is a
casualty whose absence is involuntary and does not consider the
available relevant evidence sufficient for making a definite
determination that the member is missing, has deserted, is
absent without leave, or is dead.''.
SEC. 606. EQUITABLE TREATMENT OF CLASS OF 1987 OF THE UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
(a) Years of Service Credit.--An officer of the uniformed services
who entered the Uniformed Services University of the Health Sciences as
a student in 1983 and who successfully completed the course of
instruction at the University in 1987 shall be treated for purposes of
determining pay and years of service in the same manner as a student at
the University who graduated in 1986, notwithstanding the enactment of
the Defense Officer Personnel Management Act (Public Law 96-513; 94
Stat. 2835).
(b) Prospective Applicability.--This section shall take effect on
October 1, 1999. No entitlement to increased pay or allowances accrues
for periods before such date, and no eligibility accrues for
consideration for selection for promotions by boards convened before
such date.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
CERTAIN BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 1999,'' and
inserting ``December 31, 2000,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking ``December 31, 1999''
and inserting ``December 31, 2000''.
(c) Enlistment Bonuses for Members With Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each amended
by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(d) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of
title 37, United States Code, is amended by striking ``any fiscal year
beginning before October 1, 1998, and the 15-month period beginning on
that date and ending on December 31, 1999'' and inserting ``the 15-
month period beginning on October 1, 1998, and ending on December 31,
1999, and any year beginning after December 31, 1999, and ending before
January 1, 2001''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short
Wartime Specialties.--Section 302g(f) of title 37, United States Code,
is amended by striking ``December 31, 1999'' and inserting ``December
31, 2000''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking ``December 31, 1999''
and inserting ``December 31, 2000''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title
37, United States Code, is amended by striking ``December 31, 1999''
and inserting ``December 31, 2000''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of title 37, United States Code, is
amended by striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of title
37, United States Code, is amended by striking ``December 31, 1999''
and inserting ``December 31, 2000''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking
``December 31, 1999'' and inserting ``December 31, 2000''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of title 37,
United States Code, is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking ``January 1, 2000'' and
inserting in lieu thereof ``January 1, 2001''.
SEC. 613. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED
NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
1999'' and inserting ``December 31, 2000''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
1999'' and inserting ``December 31, 2000''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking
``December 31, 1999'' and inserting in lieu thereof ``December 31,
2000''.
SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE
MANAGERS FORMERLY ELIGIBLE FOR HAZARDOUS DUTY PAY.
(a) Save Pay Provision.--Section 301a(b) of title 37, United States
Code, is amended by adding at the end the following:
``(4) The amount of the monthly incentive pay payable under this
section to an air battle manager who was receiving incentive pay under
section 301(c)(2)(A) of this title immediately before becoming eligible
for incentive pay under this section shall be the higher of--
``(A) the monthly rate of incentive pay that the member was
receiving under section 301(c)(2)(A) of this title; or
``(B) the rate applicable to the member under paragraph
(1), (2), or (3).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to months
beginning on or after that date.
SEC. 615. AVIATION CAREER OFFICER SPECIAL PAY.
(a) Period of Authority.--Subsection (a) of section 301b of title
37, United States Code, is amended--
(1) by inserting ``(1)'' after ``Authorized.--'';
(2) by striking ``during the period beginning on January 1,
1989, and ending on December 31, 1999,'' and inserting ``during
the period described in paragraph (2),''; and
(3) adding at the end the following:
``(2) Paragraph (1) applies with respect to agreements executed
during the period beginning on the first day of the first month that
begins on or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2000 and ending on December 31,
2004.''.
(b) Repeal of Limitation to Certain Years of Career Aviation
Service.--Subsection (b) of such section is amended--
(1) by striking paragraph (5);
(2) by inserting ``and'' at the end of paragraph (4); and
(3) by redesignating paragraph (6) as paragraph (5).
(c) Repeal of Lower Alternative Amount for Agreement To Serve for 3
or Fewer Years.--Subsection (c) of such section is amended by striking
``than--'' and all that follows and inserting ``than $25,000 for each
year covered by the written agreement to remain on active duty.''.
(d) Proration Authority for Coverage of Increased Period of
Eligibility.--Subsection (d) of such section is amended by striking
``14 years of commissioned service'' and inserting ``25 years of
aviation service''.
(e) Terminology.--Such section is further amended--
(1) in subsection (f), by striking ``A retention bonus''
and inserting ``Any amount''; and
(2) in subsection (i)(1), by striking ``retention bonuses''
in the first sentence and inserting ``special pay under this
section''.
(f) Repeal of Content Requirements for Annual Report.--Subsection
(i)(1) of such section is further amended by striking the second
sentence.
(g) Technical Amendment.--Subsection (g)(3) of such section if
amended by striking the second sentence.
(h) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month that
begins on or after the date of the enactment of this Act.
SEC. 616. CAREER ENLISTED FLYER INCENTIVE PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 301e the following
new section 301f:
``Sec. 301f. Incentive pay: career enlisted flyers
``(a) Pay Authorized.--An enlisted member described in subsection
(b) may be paid career enlisted flyer incentive pay as provided in this
section.
``(b) Eligible Members.--An enlisted member referred to in
subsection (a) is an enlisted member of the armed forces who--
``(1) is entitled to basic pay under section 204 of this
title or is entitled to compensation under paragraph (1) or (2)
of section 206(a) of this title;
``(2) holds a military occupational specialty or military
rating designated as a career enlisted flyer specialty or
rating by the Secretary concerned in regulations prescribed
under subsection (f) and continues to be proficient in the
skills required for that specialty or rating, or is in training
leading to the award of such a specialty or rating; and
``(3) is qualified for aviation service.
``(c) Monthly Payment.--(1) Career enlisted flyer incentive pay may
be paid a member referred to in subsection (b) for each month in which
the member performs aviation service that involves frequent and regular
performance of operational flying duty by the member.
``(2)(A) Career enlisted flyer incentive pay may be paid a member
referred to in subsection (b) for each month in which the member
performs service, without regard to whether or the extent to which the
member performs operational flying duty during the month, as follows:
``(i) In the case of a member who has performed at least 6,
and not more than 15, years of aviation service, the member may
be so paid after the member has frequently and regularly
performed operational flying duty in each of 72 months if the
member so performed in at least that number of months before
completing the member's first 10 years of performance of
aviation service.
``(ii) In the case of a member who has performed more than
15, and not more than 20, years of aviation service, the member
may be so paid after the member has frequently and regularly
performed operational flying duty in each of 108 months if the
member so performed in at least that number of months before
completing the member's first 15 years of performance of
aviation service.
``(iii) In the case of a member who has performed more than
20, and not more than 25, years of aviation service, the member
may be so paid after the member has frequently and regularly
performed operational flying duty in each of 168 months if the
member so performed in at least that number of months before
completing the member's first 20 years of performance of
aviation service.
``(B) The Secretary concerned, or a designee of the Secretary
concerned not below the level of personnel chief of the armed force
concerned, may reduce the minimum number of months of frequent and
regular performance of operational flying duty applicable in the case
of a particular member under--
``(i) subparagraph (A)(i) to 60 months;
``(ii) subparagraph (A)(ii) to 96 months; or
``(iii) subparagraph (A)(iii) to 144 months.
``(C) A member may not be paid career enlisted flyer incentive pay
in the manner provided under subparagraph (A) after the member has
completed 25 years of aviation service.
``(d) Monthly Rates.--(1) The monthly rate of any career enlisted
flyer incentive pay paid under this section to a member on active duty
shall be prescribed by the Secretary concerned, but may not exceed the
following:
``Years of aviation service Monthly rate
4 or less..................................... $150
Over 4........................................ $225
Over 8........................................ $350
Over 14....................................... $400.
``(2) The monthly rate of any career enlisted flyer incentive pay
paid under this section to a member of a reserve component for each
period of inactive-duty training during which aviation service is
performed shall be equal to \1/30\ of the monthly rate of career
enlisted flyer incentive pay provided under paragraph (1) for a member
on active duty with the same number of years of aviation service.
``(e) Nonapplicability to Members Receiving Hazardous Duty
Incentive Pay or Special Pay for Diving Duty.--A member receiving
incentive pay under section 301(a) of this title or special pay under
section 304 of this title may not be paid special pay under this
section for the same period of service.
``(f) Regulations.--The Secretary concerned shall prescribe
regulations for the administration of this section. The regulations
shall include the following:
``(1) Definitions of the terms `aviation service' and
`frequently and regularly performed operational flying duty'
for purposes of this section.
``(2) The military occupational specialties or military
rating, as the case may be, that are designated as career
enlisted flyer specialties or ratings, respectively, for
purposes of this section.
``(g) Definition.--In this section, the term `operational flying
duty' means--
``(1) flying performed under competent orders while serving
in assignments in which basic flying skills normally are
maintained in the performance of assigned duties as determined
by the Secretary concerned; and
``(2) flying performed by members in training that leads to
the award of a military occupational specialty or rating
referred to in subsection (b)(2).''.
(2) The table of sections at the beginning of chapter 5 of title
37, United States Code, is amended by inserting after the item relating
to section 301e the following new item:
``301f. Incentive pay; career enlisted flyers.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999.
(c) Save Pay Provision.--In the case of an enlisted member of a
uniformed service who is a designated career enlisted flyer entitled to
receive hazardous duty incentive pay under section 301(b) or
301(c)(2)(A) of title 37, United States Code, as of October 1, 1999,
the member shall be entitled from that date to payment of incentive pay
at the monthly rate that is the higher of--
(1) the monthly rate of incentive pay authorized by such
section 301(b) or 301(c)(2)(A) as of September 30, 1999; or
(2) the monthly rate of incentive pay authorized by section
301f of title 37, United States Code, as added by subsection
(a).
SEC. 617. RETENTION BONUS FOR SPECIAL WARFARE OFFICERS EXTENDING
PERIODS OF ACTIVE DUTY.
(a) Bonus Authorized.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 301f, as added by section
616 of this Act, the following new section:
``Sec. 301g. Special pay: special warfare officers extending period of
active duty
``(a) Bonus Authorized.--A special warfare officer described in
subsection (b) who executes a written agreement to remain on active
duty in special warfare service for at least one year may, upon the
acceptance of the agreement by the Secretary concerned, be paid a
retention bonus as provided in this section.
``(b) Covered Officers.--A special warfare officer referred to in
subsection (a) is an officer of a uniformed service who--
``(1) is qualified for a military occupational specialty or
designator identified by the Secretary concerned as a special
warfare military occupational specialty or designator and is
serving in a position for which that specialty or designator is
authorized;
``(2) is in pay grade O-3, or is in pay grade O-4 and is
not on a list of officers recommended for promotion, at the
time the officer applies for an agreement under this section;
``(3) has completed at least 6, but not more than 14, years
of active commissioned service; and
``(4) has completed any service commitment incurred to be
commissioned as an officer.
``(c) Amount of Bonus.--The amount of a retention bonus paid under
this section may not be more than $15,000 for each year covered by the
written agreement.
``(d) Proration.--The term of an agreement under subsection (a) and
the amount of the bonus payable under subsection (c) may be prorated as
long as such agreement does not extend beyond the date on which the
officer making such agreement would complete 14 years of active
commissioned service.
``(e) Payment.--Upon acceptance of a written agreement under
subsection (a) by the Secretary concerned, the total amount payable
pursuant to the agreement becomes fixed and may be paid--
``(1) in a lump sum equal to the amount of half the total
amount payable under the agreement at the time the agreement is
accepted by the Secretary concerned followed by payments of
equal annual installments on the anniversary of the acceptance
of the agreement until the payment in full of the balance of
the amount that remains payable under the agreement after the
payment of the lump sum amount under this paragraph; or
``(2) in graduated annual payments under regulations
prescribed by the Secretary concerned with the first payment
being payable at the time the agreement is accepted by the
Secretary concerned and subsequent payments being payable on
the anniversaries of the acceptance of the agreement.
``(f) Additional Pay.--A retention bonus paid under this section is
in addition to any other pay and allowances to which an officer is
entitled.
``(g) Repayment.--(1) If an officer who has entered into a written
agreement under subsection (a) and has received all or part of a
retention bonus under this section fails to complete the total period
of active duty in special warfare service as specified in the
agreement, the Secretary concerned may require the officer to repay the
United States, on a pro rata basis and to the extent that the Secretary
determines conditions and circumstances warrant, all sums paid the
officer under this section.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of a written agreement entered
into under subsection (a) does not discharge the officer signing the
agreement from a debt arising under such agreement or under paragraph
(1).
``(h) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section, including the definition of the
term `special warfare service' for purposes of this section.
Regulations prescribed by the Secretary of a military department under
this section shall be subject to the approval of the Secretary of
Defense.''.
(2) The table of sections at the beginning of chapter 5 of title
37, United States Code, as amended by section 110(a) of this Act, is
amended by inserting after the item relating to section 301f the
following new item:
``301g. Special pay: special warfare officers extending period of
active duty.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999.
SEC. 618. RETENTION BONUS FOR SURFACE WARFARE OFFICERS EXTENDING
PERIODS OF ACTIVE DUTY.
(a) Bonus Authorized.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 301g, as added by section
617 of this Act, the following new section:
``Sec. 301h. Special pay: surface warfare officers extending period of
active duty
``(a) Special Pay Authorized.--(1) A surface warfare officer
described in subsection (b) who executes a written agreement described
in paragraph (2) may, upon the acceptance of the agreement by the
Secretary of the Navy, be paid a retention bonus as provided in this
section.
``(2) An agreement referred to in paragraph (1) is an agreement in
which the officer concerned agrees--
``(A) to remain on active duty for at least two years and
through the tenth year of active commissioned service; and
``(B) to complete tours of duty to which the officer may be
ordered during the period covered by subparagraph (A) as a
department head afloat.
``(b) Covered Officers.--A surface warfare officer referred to in
subsection (a) is an officer of the Regular Navy or Naval Reserve on
active duty who--
``(1) is designated and serving as a surface warfare
officer;
``(2) is in pay grade O-3 at the time the officer applies
for an agreement under this section;
``(3) has been selected for assignment as a department head
on a surface ship;
``(4) has completed at least four, but not more than eight,
years of active commissioned service; and
``(5) has completed any service commitment incurred to be
commissioned as an officer.
``(c) Amount of Bonus.--The amount of a retention bonus paid under
this section may not be more than $15,000 for each year covered by the
written agreement.
``(d) Proration.--The term of an agreement under subsection (a) and
the amount of the bonus payable under subsection (c) may be prorated as
long as such agreement does not extend beyond the date on which the
officer making such agreement would complete 10 years of active
commissioned service.
``(e) Payment.--Upon acceptance of a written agreement under
subsection (a) by the Secretary of the Navy, the total amount payable
pursuant to the agreement becomes fixed and may be paid--
``(1) in a lump sum equal to the amount of half the total
amount payable under the agreement at the time the agreement is
accepted by the Secretary followed by payments of equal annual
installments on the anniversary of the acceptance of the
agreement until the payment in full of the balance of the
amount that remains payable under the agreement after the
payment of the lump sum amount under this paragraph; or
``(2) in equal annual payments with the first payment being
payable at the time the agreement is accepted by the Secretary
and subsequent payments being payable on the anniversaries of
the acceptance of the agreement.
``(f) Additional Pay.--A retention bonus paid under this section is
in addition to any other pay and allowances to which an officer is
entitled.
``(g) Repayment.--(1) If an officer who has entered into a written
agreement under subsection (a) and has received all or part of a
retention bonus under this section fails to complete the total period
of active duty specified in the agreement, the Secretary of the Navy
may require the officer to repay the United States, on a pro rata basis
and to the extent that the Secretary determines conditions and
circumstances warrant, all sums paid under this section.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owned to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of a written agreement entered
into under subsection (a) does not discharge the officer signing the
agreement from a debt arising under such agreement or under paragraph
(1).
``(h) Regulations.--The Secretary of the Navy shall prescribe
regulations to carry out this section.''.
(2) The table of sections at the beginning of chapter 5 of title
37, United States Code, is amended by inserting after the item relating
to section 301g, as added by section 111(a) of this Act, the following
new item:
``301h. Special pay: surface warfare officers extending period of
active duty.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999.
SEC. 619. ADDITIONAL SPECIAL PAY FOR BOARD CERTIFIED VETERINARIANS IN
THE ARMED FORCES AND PUBLIC HEALTH SERVICE.
(a) Authority.--Section 303 of title 37, United States Code, is
amended--
(1) by inserting ``(a) Monthly Special Pay.--'' before
``Each''; and
(2) by adding at the end the following:
``(b) Additional Special Pay for Board Certification.--A
commissioned officer entitled to special pay under subsection (a) who
has been awarded a diploma as a Diplomate in a specialty recognized by
the American Veterinarian Medical Association is entitled to special
pay (in addition to the special pay under that subsection) at the same
rate as is provided under section 302c(b) of this title for an officer
referred to in that section who has the same number of years of
creditable service as the commissioned officer.''.
(b) Effective Date.--Section 303(b) of title 37, United States
Code, as added by subsection (a), shall apply with respect to months
beginning after September 30, 1999.
SEC. 620. INCREASE IN RATE OF DIVING DUTY SPECIAL PAY.
(a) Increase.--Section 304(b) of title 37, United States Code, is
amended--
(1) by striking ``$200'' and inserting ``$240''; and
(2) by striking ``$300'' and inserting ``$340''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to special
pay paid under section 304 of title 37, United States Code, for months
beginning on or after that date.
SEC. 621. INCREASE IN MAXIMUM AMOUNT AUTHORIZED FOR REENLISTMENT BONUS
FOR ACTIVE MEMBERS.
(a) Increase in Maximum Amount.--Section 308(a)(2) of title 37,
United States Code, is amended--
(1) subparagraph (A)(i), by striking ``ten'' and inserting
``15''; and
(2) in subparagraph (B), by striking ``$45,000'' and
inserting ``$60,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to
reenlistments and extensions of enlistments taking effect on or after
that date.
SEC. 622. CRITICAL SKILLS ENLISTMENT BONUS.
(a) Increase.--Section 308a(a) of title 37, United States Code, is
amended in the first sentence by striking ``$12,000'' and inserting
``$20,000''.
(b) Lump-Sum Payment of Critical Skills Enlistment Bonus.--Section
308a(a) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking all after ``may be paid a bonus'' and
inserting a period; and
(3) by adding at the end the following:
``(2) The appropriate Secretary shall prescribe in regulations the
following:
``(A) The amount of the bonus, but not more than $12,000.
``(B) Provisions for payment of the bonus in a single lump
sum or periodic installments in relation to the attainment of
one or more specified career milestones appropriate to ensure
that the terms of the enlistment or extension are satisfied.''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect
enlistments and extensions of enlistments taking effect on or after
that date.
SEC. 623. SELECTED RESERVE ENLISTMENT BONUS.
(a) Elimination of Requirement for Minimum Period of Enlistment.--
Subsection (a) of section 308c of title 37, United States Code, is
amended by striking ``for a term of enlistment of not less than six
years''.
(b) Increased Maximum Amount.--Subsection (b) of such section is
amended by striking ``$5,000'' and inserting ``$8,000''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on October 1, 1999, and shall apply with respect to
enlistments entered into on or after that date.
SEC. 624. SPECIAL PAY FOR MEMBERS OF THE COAST GUARD RESERVE ASSIGNED
TO HIGH PRIORITY UNITS OF THE SELECTED RESERVE.
Section 308d(a) of title 37, United States Code, is amended by
inserting ``, or the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the Navy, '' after
``Secretary of Defense''.
SEC. 625. REDUCED MINIMUM PERIOD OF ENLISTMENT IN ARMY IN CRITICAL
SKILL FOR ELIGIBILITY FOR ENLISTMENT BONUS.
(a) Reduced Requirement.--Paragraph (3) of section 308f(a) of title
37, United States Code, is amended by striking ``3 years'' and
inserting ``2 years''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to
enlistments entered into on or after that date.
SEC. 626. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE ENLISTMENT
BONUS UPON ATTAINING A CRITICAL SKILL.
(a) Newly Attained Critical Skill.--Section 308i(a) of title 37,
United States Code, is amended by striking paragraph (2) and inserting
the following:
``(2) A bonus may only be paid under this section to a person who
meets each of the following requirements:
``(A) The person has completed that person's military
service obligation but has less than 14 years of total military
service.
``(B) The person has received an honorable discharge at the
conclusion of military service.
``(C) The person is not being released from active service
for the purpose of enlistment in a reserve component.
``(D) The person is position eligible under paragraph (3).
``(E) The person has not previously been paid a bonus
(except under this section) for enlistment, reenlistment, or
extension of enlistment in a reserve component.
``(3) A person is position eligible for the purposes of paragraph
(2)(D) if the person--
``(A) is projected to occupy a position as a member of the
Selected Reserve in a specialty in which the person--
``(i) successfully served while a member on active
duty; and
``(ii) attained a level of qualification while a
member on active duty commensurate with the grade and
years of service of the member; or
``(B) is occupying a position as a member of the Selected
Reserve in a specialty in which the person--
``(i) has completed training or retraining in the
specialty skill that is designated as critically short;
and
``(ii) has attained a level of qualification in the
designated critically short specialty skill that is
commensurate with the member's grade and years of
service.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
enlistments beginning on or after that date.
SEC. 627. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-QUALIFIED
OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(a) of title 37, United States Code, is
amended by striking ``$15,000'' and inserting ``$25,000''.
(b) Nuclear Career Accession Bonus.--Section 312b(a)(1) of title
37, United States Code, is amended by striking ``$10,000'' and
inserting ``$20,000''.
(c) Nuclear Career Annual Incentive Bonuses.--Section 312c of title
37, United States Code, is amended--
(1) in subsection (a)(1), by striking ``$12,000'' and
inserting ``$22,000''; and
(2) in subsection (b)(1), by striking ``$5,500'' and
inserting ``$10,000''.
(d) Effective Date.--(1) The amendments made by this section shall
take effect on October 1, 1999.
(2) The amendments made by subsections (a) and (b) shall apply with
respect to agreements accepted under section 312(a) and 312b(a),
respectively, of title 37, United States Code, on or after October 1,
1999.
(3) The amendments made by subsection (c) shall apply with respect
to nuclear service years beginning on or after October 1, 1999.
SEC. 628. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR FOREIGN
LANGUAGE PROFICIENCY PAY.
(a) Increase in Maximum Monthly Rate.--Section 316(b) of title 37,
United States Code, is amended by striking ``$100'' and inserting
``$300''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to foreign
language proficiency pay paid under section 316 of title 37, United
States Code, for months beginning on or after that date.
SEC. 629. SENSE OF THE SENATE REGARDING TAX TREATMENT OF MEMBERS
RECEIVING SPECIAL PAY.
It is the sense of the Senate that members of the Armed Forces who
receive special pay for duty subject to hostile fire or imminent danger
(37 U.S.C. 310) should receive the same tax treatment as members
serving in combat zones.
Subtitle C--Travel and Transportation Allowances
SEC. 641. PAYMENT OF TEMPORARY LODGING EXPENSES TO ENLISTED MEMBERS
MAKING FIRST PERMANENT CHANGE OF STATION.
Section 404a(a) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end of the
paragraph;
(2) in paragraph (2), by inserting ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following:
``(3) in the case of an enlisted member, to the member's
first permanent duty station from the member's home of record
or initial technical training school;''.
SEC. 642. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL TO THE
CONTINENTAL UNITED STATES.
Section 411d(b)(1)(A) of title 37, United States Code, is amended
to read as follows:
``(A) to either--
``(i) the international airport in the continental
United States closest to the location from which the
member and the member's dependents departed; or
``(ii) any other airport in the continental United
States that is closer to the destination than is that
international airport if the cost of the transportation
to the other airport is less expensive than the cost of
the transportation to that international airport; or''.
SEC. 643. CLARIFICATION OF PER DIEM ELIGIBILITY OF CERTAIN MILITARY
TECHNICIANS (DUAL STATUS) SERVING ON ACTIVE DUTY WITHOUT
PAY OUTSIDE THE UNITED STATES.
(a) Clarification.--Section 1002(b) of title 37, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) If the Secretary concerned determines that a military
technician (dual status) on leave from technician employment under
section 6323(d) of title 5 is performing active duty without pay
outside the United States without having been afforded an adequate
opportunity to satisfy administrative requirements for a commutation of
subsistence and quarters under paragraph (1), the Secretary concerned
may authorize payment of a per diem allowance to the technician under
chapter 4 of this title instead of the commutation while the technician
is performing that duty.''.
(b) Definition.--Section 101 of such title is amended by adding at
the end the following:
``(27) The term `military technician (dual status)' has the
meaning given the term in section 10216(a) of title 10.''.
(c) Retroactive Effective Date.--The amendments made by this
section shall be effective as of February 10, 1996.
SEC. 644. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE REQUIRED
TRAVEL ON MILITARY AIRCRAFT FOR RESERVES PERFORMING
INACTIVE-DUTY TRAINING OUTSIDE THE CONTINENTAL UNITED
STATES.
(a) Authority.--(1) Chapter 1209 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 12322. Reserves traveling to inactive-duty training OCONUS:
space required travel
``A member of a reserve component is authorized to travel in a
space required status on aircraft of the armed forces between the
member's home and place of inactive-duty training outside the
continental United States (including a place other than the place of
the member's unit training assembly if the member is performing the
inactive-duty training in another location) when there is no
transportation between those locations by means of road, railroad, or a
combination of road and railroad. A member traveling in that status on
any such aircraft under the authority of this section is not authorized
to receive travel, transportation, or per diem allowances in connection
with the travel.''.
(2) The table of sections at the beginning of that chapter is
amended by adding at the end the following:
``12322. Reserves traveling to inactive-duty training OCONUS: space
required travel.''.
(b) Repeal of Superseded Authority.--Section 8023 of Public Law
105-262 (112 Stat. 2302) is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act and
shall apply with respect to travel commencing on or after that date.
SEC. 645. REIMBURSEMENT OF TRAVEL EXPENSES INCURRED BY MEMBERS OF THE
ARMED FORCES IN CONNECTION WITH LEAVE CANCELED FOR
INVOLVEMENT IN KOSOVO-RELATED ACTIVITIES.
(a) Authority.--The Secretary of the military department concerned
may reimburse a member of the Armed Forces under the jurisdiction of
the Secretary for expenses of travel (to the extent not otherwise
reimbursable under law) that have been incurred by the member in
connection with approved leave canceled to meet an exigency in
connection with United States participation in Operation Allied Force.
(b) Administrative Provisions.--The Secretary of Defense shall
prescribe the procedures and documentation required for application
for, and payment of, reimbursements to members of the Armed Forces
under subsection (a).
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 651. RETIRED PAY OPTIONS FOR PERSONNEL ENTERING UNIFORMED SERVICES
ON OR AFTER AUGUST 1, 1986.
(a) Reduced Retired Pay Only for Members Electing 15-Year Service
Bonus.--(1) Paragraph (2) of section 1409(b) of title 10, United States
Code, is amended by inserting after ``July 31, 1986,'' the following:
``has elected to receive a bonus under section 318 of title 37,''.
(2)(A) Paragraph (2)(A) of section 1401a(b) of title 10, United
States Code, is amended by striking ``The Secretary shall increase the
retired pay of each member and former member who first became a member
of a uniformed service before August 1, 1986,'' and inserting ``Except
as otherwise provided in this subsection, the Secretary shall increase
the retired pay of each member and former member''.
(B) Paragraph (3) of such section 1401a(b) is amended by inserting
after ``August 1, 1986,'' the following: ``and has elected to receive a
bonus under section 318 of title 37,''.
(3) Section 1410 of title 10, United States Code, is amended by
inserting after ``August 1, 1986,'' the following: ``who has elected to
receive a bonus under section 318 of title 37,''.
(b) Optional Lump-Sum Bonus at 15 Years of Service.--(1) Chapter 5
of title 37, United States Code, is amended by adding at the end the
following new section:
``Sec. 318. Special pay: 15-year service bonus elected by members
entering on or after August 1, 1986
``(a) Payment of Bonus.--The Secretary concerned shall pay a bonus
to a member of a uniformed service who is eligible and elects to
receive the bonus under this section.
``(b) Eligibility for Bonus.--A member of a uniformed service
serving on active duty is eligible to receive a bonus under this
section if the member--
``(1) first became a member of a uniformed service on or
after August 1, 1986;
``(2) has completed 15 years of active duty in the
uniformed services; and
``(3) if not already obligated to remain on active duty for
a period that would result in at least 20 years of active-duty
service, executes a written agreement (prescribed by the
Secretary concerned) to remain continuously on active duty for
five years after the date of the completion of 15 years of
active-duty service.
``(c) Election.--(1) A member eligible to receive a bonus under
this section may elect to receive the bonus. The election shall be made
in such form and within such period as the Secretary concerned
requires.
``(2) An election made under this subsection is irrevocable.
``(d) Notification of Eligibility.--The Secretary concerned shall
transmit a written notification of the opportunity to elect to receive
a bonus under this section to each member who is eligible (or upon
execution of an agreement described in subsection (b)(3), would be
eligible) to receive the bonus. The Secretary shall complete the
notification within 180 days after the date on which the member
completes 15 years of active duty. The notification shall include the
procedures for electing to receive the bonus and an explanation of the
effects under sections 1401a, 1409, and 1410 of title 10 that such an
election has on the computation of any retired or retainer pay which
the member may become eligible to receive.
``(e) Form and Amount of Bonus.--A bonus under this section shall
be paid in one lump sum of $30,000.
``(f) Time for Payment.--Payment of a bonus to a member electing to
receive the bonus under this section shall be made not later than the
first month that begins on or after the date that is 60 days after the
Secretary concerned receives from the member an election that satisfies
the requirements imposed under subsection (c).
``(g) Repayment of Bonus.--(1) If a person paid a bonus under this
section fails to complete the total period of active duty specified in
the agreement entered into under subsection (b)(3), the person shall
refund to the United States the amount that bears the same ratio to the
amount of the bonus payment as the unserved part of that total period
bears to the total period.
``(2) Subject to paragraph (3), an obligation to reimburse the
United States imposed under paragraph (1) is for all purposes a debt
owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this
section does not discharge the member signing such agreement from a
debt arising under the agreement or this subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``318. Special pay: 15-year service bonus elected by members entering
on or after August 1, 1986.''.
(c) Conforming Amendments to Survivor Benefit Plan Provisions.--(1)
Section 1451(h)(3) of title 10, United States Code, is amended by
inserting ``of certain members'' after ``retirement''.
(2) Section 1452(i) of such title is amended by striking ``When the
retired pay'' and inserting ``Whenever the retired pay''.
(d) Related Technical Amendments.--(1) Section 1401a(b) of title
10, United States Code, is amended--
(A) by striking the heading for paragraph (1) and inserting
``Increase required.--'';
(B) by striking the heading for paragraph (2) and inserting
``Percentage increase.--''; and
(C) by striking the heading for paragraph (3) and inserting
``Reduced percentage for certain post-august 1, 1986 members.--
''.
(2) Section 1409(b)(2) of title 10, United States Code, is amended
by inserting ``certain'' after ``Reduction applicable to'' in the
paragraph heading.
(3)(A) The heading of section 1410 of such title is amended by
inserting ``certain'' before ``members''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 71 of title 10, United States Code, is amended
by inserting ``certain'' before ``members''.
SEC. 652. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) Participation Authority.--(1)(A) Chapter 3 of title 37, United
States Code, is amended by adding at the end the following:
``Sec. 211. Participation in Thrift Savings Plan
``(a) Authority.--A member of the uniformed services serving on
active duty and a member of the Ready Reserve in any pay status may
participate in the Thrift Savings Plan in accordance with section 8440e
of title 5.
``(b) Rule of Construction Regarding Separation.--For the purposes
of section 8440e of title 5, the following actions shall be considered
separation of a member of the uniformed services from Government
employment:
``(1) Release of the member from active-duty service (not
followed by a resumption of active-duty service within 30 days
after the effective date of the release).
``(2) Transfer of the member by the Secretary concerned to
a retired list maintained by the Secretary.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``211. Participation in Thrift Savings Plan.''.
(2)(A) Subchapter III of chapter 84 of title 5, United States Code,
is amended by adding at the end the following:
``Sec. 8440e. Members of the uniformed services on active duty
``(a) Participation Authorized.--(1) A member of the uniformed
services authorized to participate in the Thrift Savings Plan under
section 211(a) of title 37 may contribute to the Thrift Savings Fund.
``(2) An election to contribute to the Thrift Savings Fund under
paragraph (1) may be made only during a period provided under section
8432(b) for individuals subject to this chapter.
``(b) Applicability of Thrift Savings Plan Provisions.--Except as
otherwise provided in this section, the provisions of this subchapter
and subchapter VII of this chapter shall apply with respect to members
of the uniformed services making contributions to the Thrift Savings
Fund as if such members were employees within the meaning of section
8401(11).
``(c) Maximum Contribution from Pay or Compensation.--(1) The
amount contributed by a member of the uniformed services for any pay
period out of basic pay may not exceed 5 percent of such member's basic
pay for such pay period.
``(2) The amount contributed by a member of the Ready Reserve for
any pay period for any compensation received under section 206 of title
37 may not exceed 5 percent of such member's compensation for such pay
period, to the extent allowable under the Internal Revenue Code of
1986.
``(d) Other Member Contributions.--A member of the uniformed
services making contributions to the Thrift Savings Fund out of basic
pay, or out of compensation under section 206 of title 37, may also
contribute (by direct transfer to the Fund) any part of any special or
incentive pay that the member receives under section 308, 308a through
308h, or 318 of title 37, to the extent allowable under the Internal
Revenue Code of 1986.
``(e) Agency Contributions Generally Prohibited.--Except as
provided in section 211(c) of title 37, no contribution under section
8432(c) of this title may be made for the benefit of a member of the
uniformed services making contributions to the Thrift Savings Fund
under subsection (a).
``(f) Benefits and Elections of Benefits.--In applying section 8433
to a member of the uniformed services who has an account balance in the
Thrift Savings Fund--
``(1) any reference in such section to separation from
Government employment shall be construed to refer to an action
described in section 211(b) of title 37; and
``(2) the reference in section 8433(g)(1) to contributions
made under section 8432(a) shall be treated as being a
reference to contributions made to the Fund by the member,
whether made under section 8351, 8432(a), or this section.
``(g) Basic Pay Defined.--For purposes of this section, the term
`basic pay' means basic pay that is payable under section 204 of title
37.''.
(B) The table of sections at the beginning of chapter 84 of title
5, United States Code, is amended by adding after the item relating to
section 8440d the following:
``8440e. Members of the uniformed services on active duty.''.
(3) Section 8432b(b) of title 5, United States Code, is amended--
(A) in paragraph (1), by striking ``Each employee'' and
inserting ``Except as provided in paragraph (4), each
employee'';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following new
paragraph (4):
``(4) No contribution may be made under this section for a period
for which an employee made a contribution under section 8440e.''.
(4) Section 8473 of title 5, United States Code, is amended--
(A) in subsection (a), by striking ``14 members'' and
inserting ``15 members''; and
(B) in subsection (b)--
(i) by striking ``14 members'' and inserting ``15
members'';
(ii) by striking ``and'' at the end of paragraph
(8);
(iii) by striking the period at the end of
paragraph (9) and inserting ``; and''; and
(iv) by adding at the end the following:
``(10) 1 shall be appointed to represent participants
(under section 8440e) who are members of the uniformed
services.''.
(5) Paragraph (11) of section 8351(b) of title 5, United States
Code, is redesignated as paragraph (8).
(b) Applicability.--(1) Except as provided in paragraph (2), the
authority of members of the uniformed services to participate in the
Thrift Savings Plan under section 211 of title 37, United States Code
(as added by subsection (a)(1)), shall take effect on July 1, 2000.
(2)(A) The Secretary of Defense may postpone the authority of
members of the Ready Reserve to so participate in the Thrift Savings
Plan until 180 days after the date specified in paragraph (1) if the
Secretary, after consultation with the Executive Director appointed by
the Federal Thrift Retirement Investment Board, determines that
permitting such members to participate in the Thrift Savings Plan on
that date would place an excessive burden on the administrative
capacity of the Board to accommodate participants in the Thrift Savings
Plan.
(B) The Secretary shall notify the congressional defense committees
of any determination made under subparagraph (A).
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Executive Director appointed by the Federal
Thrift Retirement Investment Board shall issue regulations to implement
section 8440e of title 5, United States Code (as added by subsection
(a)(2)) and section 211 of title 37, United States Code (as added by
subsection (a)(1)).
SEC. 653. SPECIAL RETENTION INITIATIVE.
Section 211 of title 37, United States Code, as added by section
652, is amended by adding at the end the following:
``(c) Agency Contributions for Retention in Critical Specialties.--
(1) The Secretary concerned may enter into an agreement with a member
to make contributions to the Thrift Savings Fund for the benefit of the
member if the member--
``(A) is in a specialty designated by the Secretary as
critical to meet requirements (whether such specialty is
designated as critical to meet wartime or peacetime
requirements); and
``(B) commits in such agreement to continue to serve on
active duty in that specialty for a period of six years.
``(2) Under any agreement entered into with a member under
paragraph (1), the Secretary shall make contributions to the Fund for
the benefit of the member for each pay period of the 6-year period of
the agreement for which the member makes a contribution out of basic
pay to the Fund under this section. Paragraph (2) of section 8432(c)
applies to the Secretary's obligation to make contributions under this
paragraph, except that the reference in such paragraph to contributions
under paragraph (1) of such section does not apply.''.
SEC. 654. REPEAL OF REDUCTION IN RETIRED PAY FOR CIVILIAN EMPLOYEES.
(a) Repeal.--(1) Section 5532 of title 5, United States Code, is
repealed.
(2) The chapter analysis at the beginning of chapter 55 of such
title is amended by striking the item relating to section 5532.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first month that begins after the
date of the enactment of this Act.
SEC. 655. CREDIT TOWARD PAID-UP SBP COVERAGE FOR MONTHS COVERED BY
MAKE-UP PREMIUM PAID BY PERSONS ELECTING SBP COVERAGE
DURING SPECIAL OPEN ENROLLMENT PERIOD.
Section 642 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2045; 10 U.S.C.
1448 note) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Credit Toward Paid-Up Coverage.--Upon payment of the total
amount of the premiums charged a person under subsection (g), the
retired pay of a person participating in the Survivor Benefit Plan
pursuant to an election under this section shall be treated, for the
purposes of subsection (j) of section 1452 of title 10, United States
Code, as having been reduced under such section 1452 for the months in
the period for which the person's retired pay would have been reduced
if the person had elected to participate in the Survivor Benefit Plan
at the first opportunity that was afforded the person to
participate.''.
SEC. 656. PAID-UP COVERAGE UNDER RETIRED SERVICEMAN'S FAMILY PROTECTION
PLAN.
(a) Conditions.--Subchapter I of chapter 73 of title 10, United
States Code, is amended by inserting after section 1436 the following:
``Sec. 1436a. Coverage paid up at 30 years and age 70
``Effective October 1, 2008, no reduction may be made in a person's
retired pay or retainer pay pursuant to an election under section
1431(b) or 1432 of this title for any month after the later of--
``(1) the 360th month for which the person retired pay or
retainer pay is reduced pursuant to such an election; and
``(2) the month during which the person attains 70 years of
age.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1436 the following:
``1436a. Coverage paid up at 30 years and age 70.''.
SEC. 657. PERMANENT AUTHORITY FOR PAYMENT OF ANNUITIES TO CERTAIN
MILITARY SURVIVING SPOUSES.
Subsection (f) of section 644 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1801; 10 U.S.C.
1448 note) is repealed.
SEC. 658. EFFECTUATION OF INTENDED SBP ANNUITY FOR FORMER SPOUSE WHEN
NOT ELECTED BY REASON OF UNTIMELY DEATH OF RETIREE.
(a) Cases Not Covered by Existing Authority.--Paragraph (3) of
section 1450(f) of title 10, United States Code, as in effect on the
date of the enactment of this Act, shall apply in the case of a former
spouse of any person referred to in that paragraph who--
(1) incident to a proceeding of divorce, dissolution, or
annulment--
(A) entered into a written agreement on or after
August 21, 1983, to make an election under section
1448(b) of such title to provide an annuity to the
former spouse (the agreement thereafter having been
incorporated in or ratified or approved by a court
order or filed with the court of appropriate
jurisdiction in accordance with applicable State law);
or
(B) was required by a court order dated on or after
such date to make such an election for the former
spouse; and
(2) before making the election, died within 21 days after
the date of the agreement referred to in paragraph (1)(A) or
the court order referred to in paragraph (1)(B), as the case
may be.
(b) Adjusted Time Limit for Request by Former Spouse.--For the
purposes of paragraph (3)(C) of section 1450(f) of title 10, United
States Code, a court order or filing referred to in subsection (a)(1)
of this section that is dated before October 19, 1984, shall be deemed
to be dated on the date of the enactment of this Act.
SEC. 659. SPECIAL COMPENSATION FOR SEVERELY DISABLED UNIFORMED SERVICES
RETIREES.
(a) Authority.--(1) Chapter 71 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1413. Special compensation for certain severely disabled
uniformed services retirees
``(a) Authority.--The Secretary concerned shall, subject to the
availability of appropriations for such purpose, pay to each eligible
disabled uniformed services retiree a monthly amount determined under
subsection (b).
``(b) Amount.--The amount to be paid to an eligible disabled
uniformed services retiree in accordance with subsection (a) is the
following:
``(1) For any month for which the retiree has a qualifying
service-connected disability rated as total, $300.
``(2) For any month for which the retiree has a qualifying
service-connected disability rated as 90 percent, $200.
``(3) For any month for which the retiree has a qualifying
service-connected disability rated as 80 percent or 70 percent,
$100.
``(c) Eligible Members.--An eligible disabled uniformed services
retiree referred to in subsection (a) is a member of the uniformed
services in a retired status (other than a member who is retired under
chapter 61 of this title) who--
``(1) completed at least 20 years of service in the
uniformed services that are creditable for purposes of
computing the amount of retired pay to which the member is
entitled; and
``(2) has a qualifying service-connected disability.
``(d) Qualifying Service-Connected Disability Defined.--In this
section, the term `qualifying service-connected disability' means a
service-connected disability that--
``(1) was incurred or aggravated in the performance of duty
as a member of a uniformed service, as determined by the
Secretary concerned; and
``(2) is rated as not less than 70 percent disabling--
``(A) by the Secretary concerned as of the date on
which the member is retired from the uniformed
services; or
``(B) by the Secretary of Veterans Affairs within
four years following the date on which the member is
retired from the uniformed services.
``(e) Status of Payments.--Payments under this section are not
retired pay.
``(f) Source of Funds.--Payments under this section for any fiscal
year shall be paid out of funds appropriated for pay and allowances
payable by the Secretary concerned for that fiscal year.
``(g) Other Definitions.--In this section:
``(1) The term `service-connected' has the meaning give
that term in section 101 of title 38.
``(2) The term `disability rated as total' means--
``(A) a disability that is rated as total under the
standard schedule of rating disabilities in use by the
Department of Veterans Affairs; or
``(B) a disability for which the scheduled rating
is less than total but for which a rating of total is
assigned by reason of inability of the disabled person
concerned to secure or follow a substantially gainful
occupation as a result of service-connected
disabilities.
``(3) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1413. Special compensation for certain severely disabled uniformed
services retirees.''.
(b) Effective Date.--Section 1413 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1999, and
shall apply to months that begin on or after that date. No benefit may
be paid to any person by reason of that section for any period before
that date.
SEC. 660. COMPUTATION OF SURVIVOR BENEFITS.
(a) Increased Basic Annuity.--(1) Subsection (a)(1)(B)(i) of
section 1451 of title 10, United States Code, is amended by striking
``35 percent of the base amount.'' and inserting ``the product of the
base amount and the percent applicable for the month. The percent
applicable for a month is 35 percent for months beginning on or before
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2000, 40 percent for months beginning after such date and
before October 2004, and 45 percent for months beginning after
September 2004.''.
(2) Subsection (a)(2)(B)(i)(I) of such section is amended by
striking ``35 percent'' and inserting ``the percent specified under
subsection (a)(1)(B)(i) as being applicable for the month''.
(3) Subsection (c)(1)(B)(i) of such section is amended--
(A) by striking ``35 percent'' and inserting ``the
applicable percent''; and
(B) by adding at the end the following: ``The percent
applicable for a month under the preceding sentence is the
percent specified under subsection (a)(1)(B)(i) as being
applicable for the month.''.
(4) The heading for subsection (d)(2)(A) of such section is amended
to read as follows: ``Computation of annuity.--''.
(b) Adjusted Supplemental Annuity.--Section 1457(b) of title 10,
United States Code, is amended--
(1) by striking ``5, 10, 15, or 20 percent'' and inserting
``the applicable percent''; and
(2) by inserting after the first sentence the following:
``The percent used for the computation shall be an even
multiple of 5 percent and, whatever the percent specified in
the election, may not exceed 20 percent for months beginning on
or before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2000, 15 percent for months
beginning after that date and before October 2004, and 10
percent for months beginning after September 2004.''.
(c) Recomputation of Annuities.--(1) Effective on the first day of
each month referred to in paragraph (2)--
(A) each annuity under section 1450 of title 10, United
States Code, that commenced before that month, is computed
under a provision of section 1451 of that title amended by
subsection (a), and is payable for that month shall be
recomputed so as to be equal to the amount that would be in
effect if the percent applicable for that month under that
provision, as so amended, had been used for the initial
computation of the annuity; and
(B) each supplemental survivor annuity under section 1457
of such title that commenced before that month and is payable
for that month shall be recomputed so as to be equal to the
amount that would be in effect if the percent applicable for
that month under that section, as amended by this section, had
been used for the initial computation of the supplemental
survivor annuity.
(2) The requirements for recomputation of annuities under paragraph
(1) apply with respect to the following months:
(A) The first month that begins after the date of the
enactment of this Act.
(B) October 2004.
(d) Recomputation of Retired Pay Reductions for Supplemental
Survivor Annuities.--The Secretary of Defense shall take such actions
as are necessitated by the amendments made by subsection (b) and the
requirements of subsection (c)(1)(B) to ensure that the reductions in
retired pay under section 1460 of title 10, United States Code, are
adjusted to achieve the objectives set forth in subsection (b) of that
section.
Subtitle E--Montgomery GI Bill Benefits and Other Education Benefits
PART I--MONTGOMERY GI BILL BENEFITS
SEC. 671. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR FULL-TIME
EDUCATION.
(a) Increase.--Section 3015 of title 38, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``$528'' and
inserting ``$600''; and
(2) in subsection (b)(1), by striking ``$429'' and
inserting ``$488''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to
educational assistance allowances paid for months after September 1999.
However, no adjustment in rates of educational assistance shall be made
under subsection (g) of section 3015 of title 38, United States Code,
for fiscal year 2000.
SEC. 672. TERMINATION OF REDUCTIONS OF BASIC PAY.
(a) Repeals.--(1) Section 3011 of title 38, United States Code, is
amended by striking subsection (b).
(2) Section 3012 of such title is amended by striking subsection
(c).
(3) The amendments made by paragraphs (1) and (2) shall take effect
on the date of the enactment of this Act and shall apply to individuals
whose initial obligated period of active duty under section 3011 or
3012 of title 38, United States Code, as the case may be, begins on or
after such date.
(b) Termination of Reductions in Progress.--Any reduction in the
basic pay of an individual referred to in section 3011(b) of title 38,
United States Code, by reason of such section 3011(b), or of any
individual referred to in section 3012(c) of such title by reason of
such section 3012(c), as of the date of the enactment of this Act shall
cease commencing with the first month beginning after such date, and
any obligation of such individual under such section 3011(b) or
3012(c), as the case may be, as of the day before such date shall be
deemed to be fully satisfied as of such date.
(c) Conforming Amendment.--Section 3034(e)(1) of title 38, United
States Code, is amended in the second sentence by striking ``as soon as
practicable'' and all that follows through ``such additional times''
and inserting ``at such times''.
SEC. 673. ACCELERATED PAYMENTS OF EDUCATIONAL ASSISTANCE.
Section 3014 of title 38, United States Code, is amended--
(1) by inserting ``(a)'' before ``The Secretary shall
pay''; and
(2) by adding at the end the following new subsection (b):
``(b)(1) Whenever the Secretary determines it appropriate under the
regulations prescribed pursuant to paragraph (6), the Secretary may
make payments of basic educational assistance under this subchapter on
an accelerated basis.
``(2) The Secretary may pay basic educational assistance on an
accelerated basis only to an individual entitled to payment of such
assistance under this subchapter who has made a request for payment of
such assistance on an accelerated basis.
``(3) If an adjustment under section 3015(g) of this title in the
monthly rate of basic educational assistance will occur during a period
for which a payment of such assistance is made on an accelerated basis
under this subsection, the Secretary shall--
``(A) pay on an accelerated basis the amount such
assistance otherwise payable under this subchapter for the
period without regard to the adjustment under that section; and
``(B) pay on the date of the adjustment any additional
amount of such assistance that is payable for the period as a
result of the adjustment.
``(4) The entitlement to basic educational assistance under this
subchapter of an individual who is paid such assistance on an
accelerated basis under this subsection shall be charged at a rate
equal to one month for each month of the period covered by the
accelerated payment of such assistance.
``(5) Basic educational assistance shall be paid on an accelerated
basis under this subsection as follows:
``(A) In the case of assistance for a course leading to a
standard college degree, at the beginning of the quarter,
semester, or term of the course in a lump-sum amount equivalent
to the aggregate amount of monthly assistance otherwise payable
under this subchapter for the quarter, semester, or term, as
the case may be, of the course.
``(B) In the case of assistance for a course other than a
course referred to in subparagraph (A)--
``(i) at the later of (I) the beginning of the
course, or (II) a reasonable time after the request for
payment by the individual concerned; and
``(ii) in any amount requested by the individual
concerned up to the aggregate amount of monthly
assistance otherwise payable under this subchapter for
the period of the course.
``(6) The Secretary shall prescribe regulations for purposes of
making payments of basic educational assistance on an accelerated basis
under this subsection. Such regulations shall specify the circumstances
under which accelerated payments may be made and include requirements
relating to the request for, making and delivery of, and receipt and
use of such payments.''.
SEC. 674. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE BY CERTAIN
MEMBERS OF THE ARMED FORCES.
(a) Authority To Transfer to Family Members.--Subchapter II of
chapter 30 of title 38, United States Code, is amended by adding at the
end the following new section:
``Sec. 3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces
``(a)(1) Subject to the provisions of this section, the Secretary
concerned may, for the purpose of enhancing recruiting and retention
and at that Secretary's sole discretion, permit an individual described
in paragraph (2) who is entitled to basic educational assistance under
this subchapter to elect to transfer such individual's entitlement to
such assistance, in whole or in part, to the dependents specified in
subsection (b).
``(2) An individual referred to in paragraph (1) is any individual
who is a member of the Armed Forces at the time of the approval by the
Secretary concerned of the individual's request to transfer entitlement
to educational assistance under this section.
``(3) Subject to the time limitation for use of entitlement under
section 3031 of this title, an individual approved to transfer
entitlement to educational assistance under this section may transfer
such entitlement at any time after the approval of individual's request
to transfer such entitlement without regard to whether the individual
is a member of the Armed Forces when the transfer is executed.
``(b) An individual approved to transfer an entitlement to basic
educational assistance under this section may transfer the individual's
entitlement to such assistance as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(c)(1) An individual transferring an entitlement to basic
educational assistance under this section shall--
``(A) designate the dependent or dependents to whom such
entitlement is being transferred and the percentage of such
entitlement to be transferred to each such dependent; and
``(B) specify the period for which the transfer shall be
effective for each dependent designated under subparagraph (A).
``(2) The aggregate amount of the entitlement transferable by an
individual under this section may not exceed the aggregate amount of
the entitlement of such individual to basic educational assistance
under this subchapter.
``(3) An individual transferring an entitlement under this section
may modify or revoke the transfer at any time before the use of the
transferred entitlement begins. An individual shall make the
modification or revocation by submitting written notice of the action
to the Secretary concerned.
``(d)(1) The use of any entitlement transferred under this section
shall be charged against the entitlement of the individual making the
transfer at the rate of one month for each month of transferred
entitlement that is used.
``(2) Except as provided in under subsection (c)(1)(B) and subject
to paragraphs (3) and (4), a dependent to whom entitlement is
transferred under this section is entitled to basic educational
assistance under this subchapter in the same manner and at the same
rate as the individual from whom the entitlement was transferred.
``(3) Notwithstanding section 3031 of this title, a child to whom
entitlement is transferred under this section may not use any
entitlement so transferred after attaining the age of 26 years.
``(4) The administrative provisions of this chapter (including the
provisions set forth in section 3034(a)(1) of this title) shall apply
to the use of entitlement transferred under this section, except that
the dependent to whom the entitlement is transferred shall be treated
as the eligible veteran for purposes of such provisions.
``(e) In the event of an overpayment of basic educational
assistance with respect to a dependent to whom entitlement is
transferred under this section, the dependent and the individual making
the transfer shall be jointly and severally liable to the United States
for the amount of the overpayment for purposes of section 3685 of this
title.
``(f) The Secretary of Defense shall prescribe regulations for
purposes of this section. Such regulations shall specify the manner and
effect of an election to modify or revoke a transfer of entitlement
under subsection (c)(3) and shall specify the manner of the
applicability of the administrative provisions referred to in
subsection (d)(4) to a dependent to whom entitlement is transferred
under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3019 the following new item:
``3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces.''.
SEC. 675. AVAILABILITY OF EDUCATIONAL ASSISTANCE BENEFITS FOR
PREPARATORY COURSES FOR COLLEGE AND GRADUATE SCHOOL
ENTRANCE EXAMS.
Section 3002(3) of title 38, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) includes--
``(i) a preparatory course for a test that is
required or utilized for admission to an institution of
higher education; and
``(ii) a preparatory course for test that is
required or utilized for admission to a graduate
school.''.
PART II--OTHER EDUCATIONAL BENEFITS
SEC. 681. ACCELERATED PAYMENTS OF CERTAIN EDUCATIONAL ASSISTANCE FOR
MEMBERS OF SELECTED RESERVE.
Section 16131 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j)(1) Whenever a person entitled to an educational assistance
allowance under this chapter so requests and the Secretary concerned,
in consultation with the Chief of the reserve component concerned,
determines it appropriate, the Secretary may make payments of the
educational assistance allowance to the person on an accelerated basis.
``(2) An educational assistance allowance shall be paid to a person
on an accelerated basis under this subsection as follows:
``(A) In the case of an allowance for a course leading to a
standard college degree, at the beginning of the quarter,
semester, or term of the course in a lump-sum amount equivalent
to the aggregate amount of monthly allowance otherwise payable
under this chapter for the quarter, semester, or term, as the
case may be, of the course.
``(B) In the case of an allowance for a course other than a
course referred to in subparagraph (A)--
``(i) at the later of (I) the beginning of the
course, or (II) a reasonable time after the Secretary
concerned receives the person's request for payment on
an accelerated basis; and
``(ii) in any amount requested by the person up to
the aggregate amount of monthly allowance otherwise
payable under this chapter for the period of the
course.
``(3) If an adjustment in the monthly rate of educational
assistance allowances will be made under subsection (b)(2) during a
period for which a payment of the allowance is made to a person on an
accelerated basis, the Secretary concerned shall--
``(A) pay on an accelerated basis the amount of the
allowance otherwise payable for the period without regard to
the adjustment under that subsection; and
``(B) pay on the date of the adjustment any additional
amount of the allowance that is payable for the period as a
result of the adjustment.
``(4) A person's entitlement to an educational assistance allowance
under this chapter shall be charged at a rate equal to one month for
each month of the period covered by an accelerated payment of the
allowance to the person under this subsection.
``(5) The regulations prescribed by the Secretary of Defense and
the Secretary of Transportation under subsection (a) shall provide for
the payment of an educational assistance allowance on an accelerated
basis under this subsection. The regulations shall specify the
circumstances under which accelerated payments may be made and the
manner of the delivery, receipt, and use of the allowance so paid.
``(6) In this subsection, the term `Chief of the reserve component
concerned' means the following:
``(A) The Chief of Army Reserve, with respect to members of
the Army Reserve.
``(B) the Chief of Naval Reserve, with respect to members
of the Naval Reserve.
``(C) The Chief of Air Force Reserve, with respect to
members of the Air Force Reserve.
``(D) The Commander, Marine Reserve Forces, with respect to
members of the Marine Corps Reserve.
``(E) The Chief of the National Guard Bureau, with respect
to members of the Army National Guard and the Air National
Guard.
``(F) The Commandant of the Coast Guard, with respect to
members of the Coast Guard Reserve.''.
SEC. 682. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF SELECTED
RESERVE OF ENTITLEMENT TO CERTAIN EDUCATIONAL ASSISTANCE.
Section 16133(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) In the case of a person who continues to serve as member
of the Selected Reserve as of the end of the 10-year period applicable
to the person under subsection (a), as extended, if at all, under
paragraph (4), the period during which the person may use the person's
entitlement shall expire at the end of the 5-year period beginning on
the date the person is separated from the Selected Reserve.
``(B) The provisions of paragraph (4) shall apply with respect to
any period of active duty of a person referred to in subparagraph (A)
during the 5-year period referred to in that subparagraph.''.
PART III--REPORT
SEC. 685. REPORT ON EFFECT OF EDUCATIONAL BENEFITS IMPROVEMENTS ON
RECRUITMENT AND RETENTION OF MEMBERS OF THE ARMED FORCES.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report assessing the effects of the provisions of this
subtitle, and the amendments made by such provisions, on the
recruitment and retention of the members of the Armed Forces. The
report shall include such recommendations (including recommendations
for legislative action) as the Secretary considers appropriate.
Subtitle F--Other Matters
SEC. 691. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUITMENT AND
RETENTION.
(a) Requirement for Report.--On December 1 of each year, the
Secretary of Defense shall submit to Congress a report that sets forth
the Secretary's assessment of the effects that the improved pay and
other benefits under this title and under the amendments made by this
title are having on recruitment and retention of personnel for the
Armed Forces.
(b) First Report.--The first report under this section shall be
submitted not later than December 1, 2000.
SEC. 692. MEMBERS UNDER BURDENSOME PERSTEMPO.
(a) Management of Deployments of Individuals.--Part II of subtitle
A of title 10, United States Code, is amended by inserting after
chapter 49 the following:
``CHAPTER 50--MISCELLANEOUS COMMAND RESPONSIBILITIES
``Sec.
``991. Management of deployments of members.
``Sec. 991. Management of deployments of members
``(a) General or Flag Officer Responsibilities.--The first general
officer or flag officer in the chain of command of a member of the
armed forces shall manage a deployment of the member when the total
number of the days on which the member has been deployed out of 365
consecutive days is in excess of 180 days. That officer shall ensure
that the member is not deployed or continued in a deployment on any day
on which the total number of the days on which the member has been
deployed would exceed 200 out of 365 consecutive days unless a general
or flag officer in the grade of general or admiral in the member's
chain of command approves the deployment or continued deployment of the
member.
``(b) Deployment Defined.--(1) For the purposes of this section, a
member of the armed forces is deployed or in a deployment on any day on
which, pursuant to orders, the member is performing service in a
training exercise or operation at a location or under circumstances
that make it infeasible for the member to spend off-duty time in the
housing in which the member resides when on garrison duty at the
member's permanent duty station.
``(2) For the purposes of this section, a member is not deployed or
in a deployment when performing service as a student or trainee at a
school (including any Federal Government school) or performing
administrative, guard, or detail duties in garrison at the member's
permanent duty station.
``(c) Recordkeeping.--The Secretary of each military department
shall establish a system for tracking and recording the number of days
that each member of an armed force under the jurisdiction of the
Secretary is deployed.
``(d) National Security Waiver Authority.--The Secretary of Defense
may suspend the applicability of this section to a member or any group
of members when the Secretary determines that it is necessary to do so
in the national security interests of the United States.
``(e) Inapplicability to Coast Guard.--This section does not apply
to a member of the Coast Guard when the Coast Guard is not operating as
a service in the Navy.''.
(b) Per Diem Allowance for Lengthy or Numerous Deployments.--
Chapter 7 of title 37, United States Code, is amended by adding at the
end the following new section:
``Sec. 435. Per diem allowance for lengthy or numerous deployments
``(a) Per Diem Required.--The Secretary of the military department
concerned shall pay a per diem allowance to a member of an armed force
for each day that the member is deployed in excess of 220 days out of
365 consecutive days.
``(b) Definition of Deployed.--In this section, the term
`deployed', with respect to a member, means that the member is deployed
or in a deployment within the meaning of section 991(b) of title 10.
``(c) Amount of Per Diem.--The amount of the per diem payable to a
member under this section is $100.
``(d) Payment of Claims.--A claim of a member for payment of the
per diem allowance that is not fully substantiated by the applicable
recordkeeping system applicable to the member under section 991(c) of
title 10 shall be paid if the member furnishes the Secretary concerned
with other evidence determined by the Secretary as being sufficient to
substantiate the claim.
``(e) Relationship to Other Allowances.--Any per diem payable to a
member under this section is in addition to any other per diem,
allowance, special pay, or incentive that is payable to the member
under any other provision of law.
``(f) National Security Waiver.--No per diem may be paid under this
section to a member of an armed force for any day on which the
applicability of section 991 of title 10 to the member is suspended
under subsection (d) of such section.
``(g) Inapplicability to Coast Guard.--This section does not apply
to a member of the Coast Guard when the Coast Guard is not operating as
a service in the Navy.''.
(c) Clerical Amendments.--(1) The tables of chapters at the
beginning of subtitle A of title 10, United States Code, and the
beginning of part II of such subtitle are amended by inserting after
the item relating to chapter 49 the following:
``50. Miscellaneous Command Responsibilities................ 991''.
(2) The table of sections at the beginning of chapter 7 of title
37, United States Code, is amended by inserting after the item relating
to section 434 the following:
``435. Per diem allowance for lengthy or numerous deployments.''.
(d) Applicability and Implementation.--(1) Section 991 of title 10,
United States Code (as added by subsection (a)), and section 435 of
title 37, United States Code (as added by subsection (b)), shall apply
with respect to service performed after September 30, 2000.
(2) Not later than June 1, 2000, the Secretary of each military
department shall prescribe in regulations the policies and procedures
for implementing such provisions of law for that military department.
SEC. 693. INCREASED TUITION ASSISTANCE FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION OR SIMILAR
OPERATION.
(a) Inapplicability of Limitation on Amount.--Section 2007(a) of
title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of a member deployed outside the United
States in support of a contingency operation or similar
operation, all of the charges may be paid while the member is
so deployed.''.
(b) Increased Authority Subject to Appropriations.--The authority
to pay additional tuition assistance under paragraph (4) of section
2007(a) of title 10, United States Code, as added by subsection (a),
may be exercised only to the extent provided for in appropriations
Acts.
SEC. 694. ADMINISTRATION OF SELECTED RESERVE EDUCATION LOAN REPAYMENT
PROGRAM FOR COAST GUARD RESERVE.
Subsection (a)(1) of section 16301 of title 10, United States Code,
is amended by inserting after ``the Secretary of Defense'' the
following: ``, or the Secretary of Transportation in the case of a
member of the Selected Reserve of the Coast Guard Reserve when the
Coast Guard is not operating as a service in the Navy,''.
SEC. 695. EXTENSION TO ALL UNIFORMED SERVICES OF AUTHORITY FOR
PRESENTATION OF UNITED STATES FLAG TO MEMBERS UPON
RETIREMENT.
(a) Public Health Service.--Section 221 of the Public Health
Service Act (42 U.S.C. 213a) is amended--
(1) by adding at the end of subsection (a) the following:
``(17) Section 6141, Presentation of United States flag
upon retirement.''; and
(2) in subsection (b), by inserting ``the Secretary of a
military department,'' after ```the Secretary concerned',''.
(b) National Oceanic and Atmospheric Administration.--Section 3 of
the Act entitled ``An Act to revise, codify, and enact into law, title
10 of the United States Code, entitled `Armed Forces', and title 32 of
the United States Code, entitled `National Guard''', approved August
10, 1956 (33 U.S.C. 857a), is amended--
(1) by adding at the end of subsection (a) the following:
``(17) Section 6141, Presentation of United States flag
upon retirement.''; and
(2) in subsection (b), by inserting ``the Secretary of a
military department,'' after ```the Secretary concerned',''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect as of October 1, 1998, and shall apply with respect
to releases from active duty for retirement on or after that date from
service in the commissioned Regular Corps of the Public Health Service
or for service as a commissioned officer of the National Oceanic and
Atmospheric Administration on the active list, as the case may be.
SEC. 696. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED FORCES IN
MONTGOMERY GI BILL PROGRAM.
(a) Participation Authorized.--(1) Subchapter II of chapter 30 of
title 38, United States Code, is amended by inserting after section
3018C the following new section:
``Sec. 3018D. Opportunity to enroll: certain VEAP participants; active
duty personnel not previously enrolled
``(a) Notwithstanding any other provision of law, an individual
who--
``(1) either--
``(A)(i) is a participant on the date of the
enactment of this section in the educational benefits
program provided by chapter 32 of this title; or
``(ii) disenrolled from participation in that
program before that date; or
``(B) has made an election under section 3011(c)(1)
or 3012(d)(1) of this title not to receive educational
assistance under this chapter and has not withdrawn
that election under section 3018(a) of this title as of
the date of the enactment of this section;
``(2) is serving on active duty (excluding periods referred
to in section 3202(1)(C) of this title in the case of an
individual described in paragraph (1)(A)) on the date of the
enactment of this section;
``(3) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or has successfully completed the
equivalent of 12 semester hours in a program of education
leading to a standard college degree;
``(4) if discharged or released from active duty before the
date on which the individual makes an election described in
paragraph (5), is discharged with an honorable discharge or
released with service characterized as honorable by the
Secretary concerned; and
``(5) during the one-year period beginning on the date of
the enactment of this section, makes an irrevocable election to
receive benefits under this section in lieu of benefits under
chapter 32 of this title or withdraws the election made under
section 3011(c)(1) or 3012(d)(1) of this title, as the case may
be, pursuant to procedures which the Secretary of each military
department shall provide in accordance with regulations
prescribed by the Secretary of Defense for the purpose of
carrying out this section or which the Secretary of
Transportation shall provide for such purpose with respect to
the Coast Guard when it is not operating as a service in the
Navy;
is entitled to basic educational assistance under this chapter.
``(b)(1) Except as provided in paragraphs (2) and (3), in the case
of an individual who makes an election under subsection (a)(5) to
become entitled to basic educational assistance under this chapter--
``(A) the basic pay of the individual shall be reduced (in
a manner determined by the Secretary of Defense) until the
total amount by which such basic pay is reduced is--
``(i) $1,200, in the case of an individual
described in subsection (a)(1)(A); or
``(ii) $1,500, in the case of an individual
described in subsection (a)(1)(B); or
``(B) to the extent that basic pay is not so reduced before
the individual's discharge or release from active duty as
specified in subsection (a)(4), the Secretary shall collect
from the individual an amount equal to the difference between
the amount specified for the individual under subparagraph (A)
and the total amount of reductions with respect to the
individual under that subparagraph, which shall be paid into
the Treasury of the United States as miscellaneous receipts.
``(2) In the case of an individual previously enrolled in the
educational benefits program provided by chapter 32 of this title, the
Secretary shall reduce the total amount of the reduction in basic pay
otherwise required by paragraph (1) by an amount equal to so much of
the unused contributions made by the individual to the Post-Vietnam Era
Veterans Education Account under section 3222(a) of this title as do
not exceed $1,200.
``(3) An individual may at any time pay the Secretary an amount
equal to the difference between the total of the reductions otherwise
required with respect to the individual under this subsection and the
total amount of the reductions with respect to the individual under
this subsection at the time of the payment. Amounts paid under this
paragraph shall be paid into the Treasury of the United States as
miscellaneous receipts.
``(c)(1) Except as provided in paragraph (3), an individual who is
enrolled in the educational benefits program provided by chapter 32 of
this title and who makes the election described in subsection (a)(5)
shall be disenrolled from the program as of the date of such election.
``(2) For each individual who is disenrolled from such program, the
Secretary shall refund--
``(A) to the individual in the manner provided in section
3223(b) of this title so much of the unused contributions made
by the individual to the Post-Vietnam Era Veterans Education
Account as are not used to reduce the amount of the reduction
in the individual's basic pay under subsection (b)(2); and
``(B) to the Secretary of Defense the unused contributions
(other than contributions made under section 3222(c) of this
title) made by such Secretary to the Account on behalf of such
individual.
``(3) Any contribution made by the Secretary of Defense to the
Post-Vietnam Era Veterans Education Account pursuant to section 3222(c)
of this title on behalf of an individual referred to in paragraph (1)
shall remain in such account to make payments of benefits to the
individual under section 3015(f) of this title.
``(d)(1) The requirements of sections 3011(a)(3) and 3012(a)(3) of
this title shall apply to an individual who makes an election described
in subsection (a)(5), except that the completion of service referred to
in such section shall be the completion of the period of active duty
being served by the individual on the date of the enactment of this
section.
``(2) The procedures provided in regulations referred to in
subsection (a) shall provide for notice of the requirements of
subparagraphs (B), (C), and (D) of section 3011(a)(3) of this title and
of subparagraphs (B), (C), and (D) of section 3012(a)(3) of this title.
Receipt of such notice shall be acknowledged in writing.''.
(2) The table of sections at the beginning of chapter 30 of that
title is amended by inserting after the item relating to section 3018C
the following new item:
``3018D. Opportunity to enroll: certain VEAP participants; active duty
personnel not previously enrolled.''.
(b) Conforming Amendment.--Section 3015(f) of that title is amended
by striking ``or 3018C'' and inserting ``3018C, or 3018D''.
(c) Sense of Congress.--It is the sense of Congress that any law
enacted after the date of the enactment of this Act which includes
provisions terminating or reducing the contributions of members of the
Armed Forces for basic educational assistance under subchapter II of
chapter 30 of title 38, United States Code, should terminate or reduce
by an identical amount the contributions of members of the Armed Forces
for such assistance under section of section 3018D of that title, as
added by subsection (a).
SEC. 697. REVISION OF EDUCATIONAL ASSISTANCE INTERVAL PAYMENT
REQUIREMENTS.
(a) In General.--Clause (C) of the third sentence of section
3680(a) of title 38, United States Code, is amended to read as follows:
``(C) during periods between school terms where the
educational institution certifies the enrollment of the
eligible veteran or eligible person on an individual term basis
if (i) the period between such terms does not exceed eight
weeks, and (ii) both the term preceding and the term following
the period are not shorter in length than the period.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to payments of educational assistance under title
38, United States Code, for months beginning on or after the date of
the enactment of this Act.
SEC. 698. IMPLEMENTATION OF THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.
(a) Clarification of Benefits Responsibility.--Subsection (a) of
section 1060a of title 10, United States Code, is amended by striking
``may carry out a program to provide special supplemental food
benefits'' and inserting ``shall carry out a program to provide
supplemental foods and nutrition education''.
(b) Funding.--Subsection (b) of such section is amended to read as
follows:
``(b) Federal Payments.--The Secretary of Defense shall use funds
available for the Department of Defense to provide supplemental foods
and nutrition education and to pay for costs for nutrition services and
administration under the program required under subsection (a).''.
(c) Program Administration.--Subsection (c)(1)(A) of such section
is amended by adding at the end the following: ``In the determining of
eligibility for the program benefits, a person already certified for
participation in the special supplemental nutrition program for women,
infants, and children under section 17 of the Child Nutrition Act of
1996 (42 U.S.C. 1786) shall be considered eligible for the duration of
the certification period under that program.''.
(d) Nutritional Risk Standards.--Subsection (c)(1)(B) of such
section is amended by inserting ``and nutritional risk standards''
after ``income eligibility standards''.
(e) Definitions.--Subsection (f) of such section is amended by
adding at the end the following:
``(4) The terms `costs for nutrition services and
administration', `nutrition education' and `supplemental foods'
have the meanings given the terms in paragraphs (4), (7), and
(14), respectively, of section 17(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(b)).''.
TITLE VII--HEALTH CARE
Subtitle A--TRICARE Program
SEC. 701. IMPROVEMENT OF TRICARE BENEFITS AND MANAGEMENT.
(a) Improvement of TRICARE Program.--(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1097a the
following:
``Sec. 1097b. TRICARE: benefits and services
``(a) Comparability to FEHBP Benefits.--The Secretary of Defense
shall, to the maximum extent practicable, ensure that the health care
coverage available through the TRICARE program is substantially similar
to the health care coverage available under similar health benefits
plans offered under the Federal Employees Health Benefits program
established under chapter 89 of title 5.
``(b) Portability.--The Secretary of Defense shall provide that any
covered beneficiary enrolled in the TRICARE program may receive
benefits under that program at facilities that provide benefits under
that program throughout the various regions of that program.
``(c) Access.--(1) The Secretary of Defense shall, to the maximum
extent practicable, minimize the authorization or certification
requirements imposed upon covered beneficiaries under the TRICARE
program as a condition of access to benefits under that program.
``(2) The Secretary of Defense shall, to the maximum extent
practicable, utilize practices for processing claims under the TRICARE
program that are similar to the best industry practices for processing
claims for health care services in a simplified and expedited manner.
To the maximum extent practicable, such practices shall include
electronic processing of claims.
``(d) Consultation Requirement.--The Secretary of Defense shall
carry out the responsibilities under this section after consultation
with the other administering Secretaries.
``Sec. 1097c. TRICARE: financial management
``(a) Reimbursement of Providers.--(1) Subject to paragraph (2),
the Secretary of Defense may reimburse health care providers under the
TRICARE program at rates higher than the reimbursement rates otherwise
authorized for the providers under that program if the Secretary
determines that application of the higher rates is necessary in order
to ensure the availability of an adequate number of qualified health
care providers under that program.
``(2) The amount of reimbursement provided under paragraph (1) with
respect to a health care service may not exceed the lesser of--
``(A) the amount equal to the local usual and customary
charge for the service in the service area (as determined by
the Secretary) in which the service is provided; or
``(B) the amount equal to 115 per cent of the CHAMPUS
maximum allowable charge for the service.
``(b) Third-Party Collections.--(1) A medical treatment facility of
the uniformed services under the TRICARE program has the same right as
the United States under section 1095 of this title to collect from a
third-party payer the reasonable costs of health care services
described in paragraph (2) that are incurred by the facility on behalf
of a covered beneficiary under that program.
``(2) The Secretary of Defense shall prescribe regulations for the
administration of this subsection. The regulations shall set forth the
method to be used for the computation of the reasonable costs of
inpatient, outpatient, and other health care services. The method of
computation may be--
``(A) a method that is based on--
``(i) per diem rates;
``(ii) all-inclusive rates for each visit;
``(iii) diagnosis-related groups; or
``(iv) rates prescribed under the regulations
implementing sections 1079 and 1086 of this title; or
``(B) any other method considered appropriate.
``(c) Consultation Requirement.--The Secretary of Defense shall
carry out the responsibilities under this section after consultation
with the other administering Secretaries.''.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by inserting after the item relating to section 1097a
the following new item:
``1097b. TRICARE: benefits and services.
``1097c. TRICARE: financial management.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect one year after the date of the enactment of this Act.
(c) Report on Implementation.--(1) Not later than 6 months after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the other administering Secretaries, shall submit to
Congress a report assessing the effects of the implementation of the
requirements and authorities set forth in sections 1097b and 1097c of
title 10, United States Code (as added by subsection (a)).
(2) The report shall include the following:
(A) An assessment of the cost of the implementation of such
requirements and authorities.
(B) An assessment of whether the implementation of any such
requirements and authorities will result in the utilization by
the TRICARE program of the best industry practices with respect
to the matters covered by such requirements and authorities.
(3) In this subsection, the term ``administering Secretaries'' has
the meaning given that term in section 1072(3) of title 10, United
States Code.
SEC. 702. EXPANSION AND REVISION OF AUTHORITY FOR DENTAL PROGRAMS FOR
DEPENDENTS AND RESERVES.
(a) Authority.--Chapter 55 of title 10, United States Code, is
amended by striking sections 1076a and 1076b and inserting the
following:
``Sec. 1076a. TRICARE dental program
``(a) Establishment of Dental Plans.--The Secretary of Defense may
establish, and in the case of the dental plan described in paragraph
(1) shall establish, the following voluntary enrollment dental plans:
``(1) Plan for selected reserve and individual ready
reserve.--A dental insurance plan for members of the Selected
Reserve of the Ready Reserve and for members of the Individual
Ready Reserve described in subsection 10144(b) of this title.
``(2) Plan for other reserves.--A dental insurance plan for
members of the Individual Ready Reserve not eligible to enroll
in the plan established under paragraph (1).
``(3) Plan for active duty dependents.--Dental benefits
plans for eligible dependents of members of the uniformed
services who are on active duty for a period of more than 30
days.
``(4) Plan for ready reserve dependents.--A dental benefits
plan for eligible dependents of members of the Ready Reserve of
the reserve components who are not on active duty for more than
30 days.
``(b) Administration of Plans.--The plans established under this
section shall be administered under regulations prescribed by the
Secretary of Defense in consultation with the other administering
Secretaries.
``(c) Care Available Under Plans.--Dental plans established under
subsection (a) may provide for the following dental care:
``(1) Diagnostic, oral examination, and preventive services
and palliative emergency care.
``(2) Basic restorative services of amalgam and composite
restorations, stainless steel crowns for primary teeth, and
dental appliance repairs.
``(3) Orthodontic services, crowns, gold fillings, bridges,
complete or partial dentures, and such other services as the
Secretary of Defense considers to be appropriate.
``(d) Premiums.--
``(1) Premium Sharing Plans.--(A) The dental insurance plan
established under subsection (a)(1) and the dental benefits
plans established under subsection (a)(3) are premium sharing
plans.
``(B) Members enrolled in a premium sharing plan for
themselves or for their dependents shall be required to pay a
share of the premium charged for the benefits provided under
the plan. The member's share of the premium charge may not
exceed $20 per month for the enrollment.
``(C) Effective as of January 1 of each year, the amount of
the premium required under subparagraph (A) shall be increased
by the percent equal to the lesser of--
``(i) the percent by which the rates of basic pay
of members of the uniformed services are increased on
such date; or
``(ii) the sum of one-half percent and the percent
computed under section 5303(a) of title 5 for the
increase in rates of basic pay for statutory pay
systems for pay periods beginning on or after such
date.
``(D) The Secretary of Defense may reduce the monthly
premium required to be paid under paragraph (1) in the case of
enlisted members in pay grade E-1, E-2, E-3, or E-4 if the
Secretary determines that such a reduction is appropriate to
assist such members to participate in a dental plan referred to
in subparagraph (A).
``(2) Full premium plans.--(A) The dental insurance plan
established under subsection (a)(2) and the dental benefits
plan established under subsection (a)(4) are full premium
plans.
``(B) Members enrolled in a full premium plan for
themselves or for their dependents shall be required to pay the
entire premium charged for the benefits provided under the
plan.
``(3) Payment procedures.--A member's share of the premium
for a plan established under subsection (a) may be paid by
deductions from the basic pay of the member and from
compensation paid under section 206 of title 37, as the case
may be. The regulations prescribed under subsection (b) shall
specify the procedures for payment of the premiums by enrollees
who do not receive such pay.
``(e) Copayments Under Premium Sharing Plans.--A member or
dependent who receives dental care under a premium sharing plan
referred to in subsection (d)(1) shall--
``(1) in the case of care described in subsection (c)(1),
pay no charge for the care;
``(2) in the case of care described in subsection (c)(2),
pay 20 percent of the charges for the care; and
``(3) in the case of care described in subsection (c)(3),
pay a percentage of the charges for the care that is determined
appropriate by the Secretary of Defense, after consultation
with the other administering Secretaries.
``(f) Transfer of Members.--If a member whose dependents are
enrolled in the plan established under subsection (a)(3) is transferred
to a duty station where dental care is provided to the member's
eligible dependents under a program other than that plan, the member
may discontinue participation under the plan. If the member is later
transferred to a duty station where dental care is not provided to such
member's eligible dependents except under the plan established under
subsection (a)(3), the member may re-enroll the dependents in that
plan.
``(g) Care Outside the United States.--The Secretary of Defense may
exercise the authority provided under subsection (a) to establish
dental insurance plans and dental benefits plans for dental benefits
provided outside the United States for the eligible members and
dependents of members of the uniformed services. In the case of such an
overseas dental plan, the Secretary may waive or reduce any copayments
required by subsection (e) to the extent the Secretary determines
appropriate for the effective and efficient operation of the plan.
``(h) Waiver of Requirements for Surviving Dependents.--The
Secretary of Defense may waive (in whole or in part) any requirements
of a dental plan established under this section as the Secretary
determines necessary for the effective administration of the plan for a
dependent who is an eligible dependent described in subsection (k)(2).
``(i) Authority Subject to Appropriations.--The authority of the
Secretary of Defense to enter into a contract under this section for
any fiscal year is subject to the availability of appropriations for
that purpose.
``(j) Limitation on Reduction of Benefits.--The Secretary of
Defense may not reduce benefits provided under a plan established under
this section until--
``(1) the Secretary provides notice of the Secretary's
intent to reduce such benefits to the Committees on Armed
Services of the Senate and the House of Representatives; and
``(2) one year has elapsed following the date of such
notice.
``(k) Eligible Dependent Defined.--In this section, the term
`eligible dependent'--
``(1) means a dependent described in subparagraph (A), (D),
or (I) of section 1072(2) of this title; and
``(2) includes any such dependent of a member who dies
while on active duty for a period of more than 30 days or a
member of the Ready Reserve if the dependent is enrolled on the
date of the death of the member in a dental benefits plan
established under subsection (a), except that the term does not
include the dependent after the end of the one-year period
beginning on the date of the member's death.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by striking out the items relating
to sections 1076a and 1076b and inserting the following:
``1076a. TRICARE dental program.''.
SEC. 703. SENSE OF CONGRESS REGARDING AUTOMATIC ENROLLMENT OF MEDICARE-
ELIGIBLE BENEFICIARIES IN THE TRICARE SENIOR PRIME
DEMONSTRATION PROGRAM.
It is the sense of Congress that--
(1) any person who is enrolled in a managed health care
program of the Department of Defense where the TRICARE Senior
Prime demonstration program is implemented and who attains
eligibility for medicare should be automatically authorized to
enroll in the TRICARE Senior Prime demonstration program; and
(2) the Secretary of Defense, in coordination with the
other administering Secretaries referred to in section 1072(3)
of title 10, United States Code, should modify existing
policies and procedures for the TRICARE Senior Prime
demonstration program as necessary to permit the automatic
enrollment.
SEC. 704. TRICARE BENEFICIARY ADVOCATES.
(a) Establishment of Positions.--The Secretary of Defense shall
require in regulations that--
(1) each lead agent under the TRICARE program--
(A) designate a person to serve full-time as a
beneficiary advocate for TRICARE beneficiaries; and
(B) provide for toll-free telephone communication
between TRICARE beneficiaries and the beneficiary
advocate; and
(2) the commander of each medical care facility under
chapter 55 of title 10, United States Code, designate a person
to serve, as a primary or collateral duty, as beneficiary
advocate for TRICARE beneficiaries served at that facility.
(b) Duties.--The Secretary shall prescribe the duties of the
position of beneficiary advocate in the regulations.
(c) Initial Designations.--Each beneficiary advocate required under
the regulations shall be designated not later than January 15, 2000.
SEC. 705. OPEN ENROLLMENT DEMONSTRATION PROGRAM.
Section 724 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by
adding at the end the following:
``(g) Open Enrollment Demonstration Program.--(1) The Secretary of
Defense shall conduct a demonstration program under which covered
beneficiaries shall be permitted to enroll at any time in a managed
care plan offered by a designated provider consistent with the
enrollment requirements for the TRICARE Prime option under the TRICARE
program but without regard to the limitation in subsection (b). Any
demonstration program under this subsection shall cover designated
providers, selected by the Department of Defense, and the service areas
of the designated providers.
``(2) Any demonstration program carried out under this section
shall commence on October 1, 1999, and end on September 30, 2001.
``(3) Not later than March 15, 2001, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on any demonstration program carried out
under this subsection. The report shall include, at a minimum, an
evaluation of the benefits of the open enrollment opportunity to
covered beneficiaries and a recommendation concerning whether to
authorize open enrollments in the managed care plans of designated
providers permanently.''.
Subtitle B--Other Matters
SEC. 711. CARE AT FORMER UNIFORMED SERVICES TREATMENT FACILITIES FOR
ACTIVE DUTY MEMBERS STATIONED AT CERTAIN REMOTE
LOCATIONS.
(a) Authority.--Care may be furnished by a designated provider
pursuant to any contract entered into by the designated provider under
section 722(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) to eligible members
who reside within the service area of the designated provider.
(b) Eligibility.--A member of the Armed Forces is eligible for care
under subsection (a) if the member is a member described in section
731(c) of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note).
(c) Applicable Policies.--In furnishing care to an eligible member
under subsection (a), a designated provider shall adhere to the
Department of Defense policies applicable to the furnishing of care
under the TRICARE Prime Remote program, including coordinating with
uniformed services medical authorities for hospitalizations and all
referrals for specialty care.
(d) Reimbursement Rates.--The Secretary of Defense, in consultation
with the designated providers, shall prescribe reimbursement rates for
care furnished to eligible members under subsection (a). The rates
prescribed for care may not exceed the amounts allowable under the
TRICARE Standard plan for the same care.
SEC. 712. ONE-YEAR EXTENSION OF CHIROPRACTIC HEALTH CARE DEMONSTRATION
PROGRAM.
Section 731(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 10 U.S.C. 1092 note) is amended by
striking ``1999'' and inserting ``2000''.
SEC. 713. PROGRAM YEAR STABILITY IN HEALTH CARE BENEFITS.
Section 1073 of title 10, United States Code, is amended--
(1) by inserting ``(a) Responsible Officials.--'' at the
beginning of the text of the section; and
(2) by adding at the end the following:
``(b) Stability in Program of Benefits.--The Secretary of Defense
shall, to the maximum extent practicable, provide a stable program of
benefits under this chapter throughout each fiscal year. To achieve the
stability in the case of contracts entered into under this chapter, the
contracts shall be administered so as to implement at the beginning of
a fiscal year all changes in benefits and administration that are to be
made for that fiscal year. However, the Secretary of Defense may
implement any such change after the fiscal year begins if the Secretary
determines that the change would significantly improve the provision of
care to eligible beneficiaries under this chapter or that the later
implementation of the change would, for other reasons, result in a more
effective provision of care to eligible beneficiaries.''.
SEC. 714. BEST VALUE CONTRACTING.
(a) Authority.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073 the following:
``Sec. 1073a. Contracts for health care: best value contracting
``(a) Authority.--Under regulations prescribed by the administering
Secretaries, health care contracts shall be awarded in the
administration of this chapter to the offeror or offerors that will
provide the best value to the United States to the maximum extent
consistent with furnishing high-quality health care in a manner that
protects the fiscal and other interests of the United States.
``(b) Factors Considered.--In the determination of best value--
``(1) consideration shall be given to the factors specified
in the regulations; and
``(2) greater weight shall be accorded to technical and
performance-related factors than to cost and price-related
factors.
``(c) Applicability.--The authority under the regulations shall
apply to any contract in excess of $5,000,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1073 the following:
``1073a. Contracts for health care: best value contracting.''.
SEC. 715. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO ACTIVE DUTY
FOR HEALTH SURVEILLANCE STUDIES.
Section 12301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) When authorized by the Secretary of Defense, the Secretary
concerned may order a member of a reserve component to active duty,
with the consent of that member, for a Department of Defense health
surveillance study required under other authority, including any
associated medical evaluation of the member. The Secretary concerned
may, with the member's consent, retain the member on active duty for
medical treatment authorized by law for a condition associated with the
study or evaluation. A member of the Army National Guard of the United
States or of the Air National Guard of the United States may not be
ordered to active duty under this subsection without the consent of the
governor or other appropriate authority of the State concerned.''.
SEC. 716. CONTINUATION OF PREVIOUSLY PROVIDED CUSTODIAL CARE BENEFITS
FOR CERTAIN CHAMPUS BENEFICIARIES.
(a) Continuation of Coverage.--Subject to subsection (c), the
Secretary of Defense may continue payment under the Civilian Health and
Medical Program of the Uniformed Services (as defined in section 1072
of title 10, United States Code) for domiciliary or custodial care
services, otherwise excluded by regulations implementing section
1077(b)(1) of such title, on behalf of beneficiaries described in
subsection (b).
(b) Covered Beneficiaries.--Beneficiaries referred to in subsection
(a) are covered beneficiaries (as defined in section 1072 of such
title) who, prior to the effective date of final regulations to
implement the individual case management program authorized by section
1079(a)(17) of such title, were provided domiciliary or custodial care
services for which the Secretary provided payment.
(c) Secretarial Authority.--The authority provided by subsection
(a) is subject to a case-by-case determination by the Secretary that
discontinuation of payment for domiciliary or custodial care services
or transition under the case management program authorized by such
section 1079(a)(17) to alternative programs and services would be
inadequate to meet the needs of, and unjust to, the beneficiary.
SEC. 717. ENHANCEMENT OF DENTAL BENEFITS FOR RETIREES.
Subsection (d) of section 1076c of title 10, United States Code, is
amended to read as follows:
``(d) Benefits Available Under the Plan.--The dental insurance plan
established under subsection (a) shall provide benefits for dental care
and treatment which may be comparable to the benefits authorized under
section 1076a of this title for plans established under that section
and shall include diagnostic services, preventative services,
endodontics and other basic restorative services, surgical services,
and emergency services.''.
SEC. 718. MEDICAL AND DENTAL CARE FOR CERTAIN MEMBERS INCURRING
INJURIES ON INACTIVE-DUTY TRAINING.
(a) Order to Active Duty Authorized.--(1) Chapter 1209 of title 10,
United States Code, is amended by adding at the end the following:
``Sec. 12322. Active duty for health care
``A member of a uniformed service described in paragraph (1)(B) or
(2)(B) of section 1074a(a) of this title may be ordered to active duty,
and a member of a uniformed service described in paragraph (1)(A) or
(2)(A) of such section may be continued on active duty, for a period of
more than 30 days while the member is being treated for (or recovering
from) an injury, illness, or disease incurred or aggravated in the line
of duty as described in such paragraph.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``12322. Active duty for health care.''.
(b) Medical and Dental Care for Members.--Subsection (e) of section
1074a of such title is amended to read as follows:
``(e)(1) A member of a uniformed service on active duty for health
care or recuperation reasons, as described in paragraph (2), is
entitled to medical and dental care on the same basis and to the same
extent as members covered by section 1074(a) of this title while the
member remains on active duty.
``(2) Paragraph (1) applies to a member described in paragraph (1)
or (2) of subsection (a) who, while being treated for (or recovering
from) an injury, illness, or disease incurred or aggravated in the line
of duty, is continued on active duty pursuant to a modification or
extension of orders, or is ordered to active duty, so as to result in
active duty for a period of more than 30 days.''.
(c) Medical and Dental Care for Dependents.--Subparagraph (D) of
section 1076(a)(2) of such title is amended to read as follows:
``(D) A member on active duty who is entitled to benefits
under subsection (e) of section 1074a of this title by reason
of paragraph (1), (2), or (3) of subsection (a) of such
section.''.
SEC. 719. HEALTH CARE QUALITY INFORMATION AND TECHNOLOGY ENHANCEMENT.
(a) Purpose.--It is the purpose of this section to ensure that the
Department of Defense addresses issues of medical quality surveillance
and implements solutions for those issues in a timely manner that is
consistent with national policy and industry standards.
(b) Department of Defense Center for Medical Informatics and
Data.--(1) The Secretary of Defense shall establish a Department of
Defense Center for Medical Informatics to carry out a program to
support the Assistant Secretary of Defense for Health Affairs in
efforts--
(A) to develop parameters for assessing the quality of
health care information;
(B) to develop the defense digital patient record;
(C) to develop a repository for data on quality of health
care;
(D) to develop a capability for conducting research on
quality of health care;
(E) to conduct research on matters of quality of health
care;
(F) to develop decision support tools for health care
providers;
(G) to refine medical performance report cards; and
(H) to conduct educational programs on medical informatics
to meet identified needs.
(2) The Center shall serve as a primary resource for the Department
of Defense for matters concerning the capture, processing, and
dissemination of data on health care quality.
(c) Automation and Capture of Clinical Data.--The Secretary of
Defense shall accelerate the efforts of the Department of Defense to
automate, capture, and exchange controlled clinical data and present
providers with clinical guidance using a personal information carrier,
clinical lexicon, or digital patient record.
(d) Enhancement Through DoD-DVA Medical Informatics Council.--(1)
The Secretary of Defense shall establish a Medical Informatics Council
consisting of the following:
(A) The Assistant Secretary of Defense for Health Affairs
(B) The Director of the TRICARE Management Activity of the
Department of Defense.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) Representatives of the Department of Veterans Affairs,
whom the Secretary of Veterans Affairs shall designate.
(G) Representatives of the Department of Health and Human
Services, whom the Secretary of Health and Human Services shall
designate.
(H) Any additional members that the Secretary of Defense
may appoint to represent health care insurers and managed care
organizations, academic health institutions, health care
providers (including representatives of physicians and
representatives of hospitals), and accreditors of health care
plans and organizations.
(2) The primary mission of the Medical Informatics Council shall be
to coordinate the development, deployment, and maintenance of health
care informatics systems that allow for the collection, exchange, and
processing of health care quality information for the Department of
Defense in coordination with other departments and agencies of the
Federal Government and with the private sector. Specific areas of
responsibility shall include:
(A) Evaluation of the ability of the medical informatics
systems at the Department of Defense and Veterans Affairs to
monitor, evaluate, and improve the quality of care provided to
beneficiaries.
(B) Coordination of key components of medical informatics
systems including digital patient records both within the
Federal Government, and between the Federal Government and the
private sector.
(C) Coordination of the development of operational
capabilities for executive information systems and clinical
decision support systems within the Departments of Defense and
Veterans Affairs.
(D) Standardization of processes used to collect, evaluate,
and disseminate health care quality information.
(E) Refinement of methodologies by which the quality of
health care provided within the Departments of Defense and
Veterans Administration is evaluated.
(F) Protecting the confidentiality of personal health
information.
(3) The Council shall submit to Congress an annual report on the
activities of the Council and on the coordination of development,
deployment, and maintenance of health care informatics systems within
the Federal Government and between the Federal Government and the
private sector.
(4) The Assistant Secretary of Defense for Health Affairs shall
consult with the Council on the issues described in paragraph (2).
(5) A member of the Council is not, by reason of service on the
Council, an officer or employee of the United States.
(6) No compensation shall be paid to members of the Council for
service on the Council. In the case of a member of the Council who is
an officer or employee of the Federal Government, the preceding
sentence does not apply to compensation paid to the member as an
officer or employee of the Federal Government.
(7) The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not
apply to the Council.
(e) Annual Report.--The Assistant Secretary of Defense for Health
Affairs shall submit to Congress each year a report on the quality of
health care furnished under the health care programs of the Department
of Defense. The report shall cover the most recent fiscal year ending
before the date of the report and shall contain a discussion of the
quality of the health care measured on the basis of each statistical
and customer satisfaction factor that the Assistant Secretary
determines appropriate, including, at a minimum, the following:
(1) Health outcomes.
(2) Extent of use of health report cards.
(3) Extent of use of standard clinical pathways.
(4) Extent of use of innovative processes for surveillance.
(f) Authorization of Appropriations.--In addition to other amounts
authorized to be appropriated for the Department of Defense for fiscal
year 2000 by other provisions of this Act, that are available to carry
out subsection (b), there is authorized to be appropriated for the
Department of Defense for such fiscal year for carrying out this
subsection the sum of $2,000,000.
SEC. 720. JOINT TELEMEDICINE AND TELEPHARMACY DEMONSTRATION PROJECTS BY
THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--The Secretary of Defense and Secretary of Veterans
Affairs shall carry out joint demonstration projects for purposes of
evaluating the feasibility and practicability of providing health care
services and pharmacy services by means of telecommunications.
(b) Services To Be Provided.--The services provided under the
demonstration projects shall include the following:
(1) Radiology and imaging services.
(2) Diagnostic services.
(3) Referral services.
(4) Clinical pharmacy services.
(5) Any other health care services or pharmacy services
designated by the Secretaries.
(c) Selection of Locations.--(1) The Secretaries shall carry out
the demonstration projects at not more than five locations selected by
the Secretaries from locations in which are located both a uniformed
services treatment facility and a Department of Veterans Affairs
medical center that are affiliated with academic institutions having a
demonstrated expertise in the provision of health care services or
pharmacy services by means of telecommunications.
(2) Representatives of a facility and medical center selected under
paragraph (1) shall, to the maximum extent practicable, carry out the
demonstration project in consultation with representatives of the
academic institution or institutions with which affiliated.
(d) Period of Demonstration Projects.--The Secretaries shall carry
out the demonstration projects during the three-year period beginning
on October 1, 1999.
(e) Report.--Not later than December 31, 2002, the Secretaries
shall jointly submit to Congress a report on the demonstration
projects. The report shall include--
(1) a description of each demonstration project; and
(2) an evaluation, based on the demonstration projects, of
the feasibility and practicability of providing health care
services and pharmacy services, including the provision of such
services to field hospitals of the Armed Forces and to
Department of Veterans Affairs outpatient health care clinics,
by means of telecommunications.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended
by striking ``September 30, 2000'' and inserting ``September 30,
2005''.
SEC. 802. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.
(a) Program Participation Term.--Subsection (e)(2) of section 831
of the National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2302 note) is amended to read as follows:
``(2) A program participation term for any period of not
more than three years, except that the term may be a period of
up to five years if the Secretary of Defense determines in
writing that unusual circumstances justify a program
participation term in excess of three years.''.
(b) Incentives Authorized for Mentor Firms.--Subsection (g) of such
section is amended--
(1) in paragraph (1), by striking ``shall'' and inserting
``may'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``shall'' and inserting
``may'';
(ii) by striking ``subsection (f)'' and all
that follows through ``(i) as a line item'' and
inserting ``subsection (f) as provided for in a
line item'';
(iii) by striking the semicolon preceding
clause (ii) and inserting ``, except that this
clause does not apply in a case in which the
Secretary of Defense determines in writing that
unusual circumstances justify reimbursement
using a separate contract.''; and
(iv) by striking clauses (ii), (iii), and
(iv); and
(B) by striking subparagraph (B) and inserting the
following:
``(B) The determinations made in annual performance reviews of a
mentor firm's mentor-protege agreement under subsection (l)(2) shall be
a major factor in the determinations of amounts of reimbursement, if
any, that the mentor firm is eligible to receive in the remaining years
of the program participation term under the agreement.
``(C) The total amount reimbursed under this paragraph to a mentor
firm for costs of assistance furnished in a fiscal year to a protege
firm may not exceed $1,000,000, except in a case in which the Secretary
of Defense determines in writing that unusual circumstances justify a
reimbursement of a higher amount.''; and
(3) in paragraph (3)(A), by striking ``either subparagraph
(A) or (C) of paragraph (2) or are reimbursed pursuant to
subparagraph (B) of such paragraph'' and inserting ``paragraph
(2)''.
(c) Five-Year Extension of Authority.--Subsection (j) of such
section is amended to read as follows:
``(j) Expiration of Authority.--(1) No mentor-protege agreement may
be entered into under subsection (e) after September 30, 2004.
``(2) No reimbursement may be paid, and no credit toward the
attainment of a subcontracting goal may be granted, under subsection
(g) for any cost incurred after September 30, 2005.''.
(d) Reports and Reviews.--Subsection (l) of such section is amended
to read as follows:
``(l) Reports and Reviews.--(1) The mentor firm and protege firm
under a mentor-protege agreement shall submit to the Secretary of
Defense an annual report on the progress made by the protege firm in
employment, revenues, and participation in Department of Defense
contracts during the fiscal year covered by the report. The requirement
for submission of an annual report applies with respect to each fiscal
year covered by the program participation term under the agreement and
each of the two fiscal years following the expiration of the program
participation term. The Secretary shall prescribe the timing and form
of the annual report.
``(2)(A) The Secretary shall conduct an annual performance review
of each mentor-protege agreement that provides for reimbursement of
costs. The Secretary shall determine on the basis of the review
whether--
``(i) all costs reimbursed to the mentor firm under the
agreement were reasonably incurred to furnish assistance to the
protege firm in accordance with the requirements of this
section and applicable regulations; and
``(ii) the mentor firm and protege firm accurately reported
progress made by the protege firm in employment, revenues, and
participation in Department of Defense contracts during the
program participation term covered by the mentor-protege
agreement and the two fiscal years following the expiration of
the program participation term.
``(B) The Secretary shall act through the Commander of the Defense
Contract Management Command in carrying out the reviews and making the
determinations under subparagraph (A).
``(3) Not later than 6 months after the end of each of fiscal years
2000 through 2004, the Secretary of Defense shall submit to Congress an
annual report on the mentor-protege program for that fiscal year.
``(2) The annual report for a fiscal year shall include, at a
minimum, the following:
``(A) The number of mentor-protege agreements that were
entered into during the fiscal year.
``(B) The number of mentor-protege agreements that were in
effect during the fiscal year.
``(C) The total amount reimbursed to mentor firms pursuant
to subsection (g) during the fiscal year.
``(D) Each mentor-protege agreement, if any, that was
approved during the fiscal year in accordance with subsection
(e)(2) to provide a program participation term in excess of 3
years, together with the justification for the approval.
``(E) Each reimbursement of a mentor firm in excess of the
limitation in subsection (g)(2)(C) that was made during the
fiscal year pursuant to an approval granted in accordance with
that subsection, together with the justification for the
approval.
``(F) Trends in the progress made in employment, revenues,
and participation in Department of Defense contracts by the
protege firms participating in the program during the fiscal
year and the protege firms that completed or otherwise
terminated participation in the program during the preceding
two fiscal years.''.
(e) Repeal of Limitation on Availability of Funding.--Subsection
(n) of such section is repealed.
(f) Effective Date and Savings Provision.--(1) The amendments made
by this section shall take effect on October 1, 1999, and shall apply
with respect to mentor-protege agreements that are entered into under
section 831(e) of the National Defense Authorization Act for Fiscal
Year 1991 on or after that date.
(2) Section 831 of the National Defense Authorization Act for
Fiscal Year 1991, as in effect on September 30, 1999, shall continue to
apply with respect to mentor-protege agreements entered into before
October 1, 1999.
SEC. 803. REPORT ON TRANSITION OF SMALL BUSINESS INNOVATION RESEARCH
PROGRAM ACTIVITIES INTO DEFENSE ACQUISITION PROGRAMS.
(a) Requirement for Report.--Not later than March 1, 2000, the
Secretary of Defense shall submit to Congress a report on the status of
the implementation of the Small Business Innovation Research program
transition plan that was developed pursuant to section 818 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2089).
(b) Content of Report.--The report shall include the following:
(1) The status of the implementation of each of the
provisions in the transition plan.
(2) For any provision of the plan that has not been fully
implemented as of the date of the report--
(A) the reasons for the provision not having been
fully implemented; and
(B) a schedule, with specific milestones, for the
implementation of the provision.
SEC. 804. AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
(a) GAO Examination of Records.--Section 845 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1721; 10 U.S.C. 2371 note) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Comptroller General Review.--(1) Each agreement entered into
by an official referred to in subsection (a) to carry out a project
under that subsection that provides for payments in a total amount in
excess of $5,000,000 shall include a clause that provides for the
Comptroller General, in the discretion of the Comptroller General, to
examine the records of any party to the agreement or any entity that
participates in the performance of the agreement.
``(2) The official referred to in subsection (a) who is entering
into an agreement described in paragraph (1) may waive the
applicability of the requirement in that paragraph to the agreement if
the official determines that it would not be in the public interest to
apply the requirement to the agreement. The waiver shall be effective
with respect to the agreement only if the official transmits a
notification of the waiver to Congress and the Comptroller General
before entering into the agreement. The notification shall include the
rationale for the determination.
``(3) The Comptroller General may not examine records pursuant to a
clause included in an agreement under paragraph (1) more than three
years after the final payment is made by the United States under the
agreement.''.
(b) Technical Correction.--Subsection (b)(1) of such section is
amended by striking ``(e)(2) and (e)(3) of such section 2371'' and
inserting ``(e)(1)(B) and (e)(2) of such section 2371''.
SEC. 805. PILOT PROGRAM FOR COMMERCIAL SERVICES.
(a) Program Authorized.--The Secretary of Defense may carry out a
pilot program to treat procurements of commercial services as
procurements of commercial items.
(b) Designation of Pilot Program Categories.--The Secretary of
Defense may designate the following categories of services as
commercial services covered by the pilot program:
(1) Utilities and housekeeping services.
(2) Education and training services.
(3) Transportation, travel and relocation services.
(c) Treatment as Commercial Items.--A Department of Defense
contract for the procurement of commercial services designated by the
Secretary for the pilot program shall be treated as a contract for the
procurement of commercial items, as defined in section 4(12) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(12)), if the
source of the services provides similar services contemporaneously to
the general public under terms and conditions similar to those offered
to the Federal Government. These items shall not be considered
commercial items for purposes of section 4202(e) of the Clinger-Cohen
Act (10 U.S.C. 2304 note).
(d) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue guidance to
procurement officials on contracting for commercial services under the
pilot program. The guidance shall place particular emphasis on ensuring
that negotiated prices for designated services, including prices
negotiated without competition, are fair and reasonable.
(e) Duration of Pilot Program.--(1) The pilot program shall begin
on the date that the Secretary issues the guidance required by
subsection (d) and may continue for a period, not in excess of five
years, that the Secretary shall establish.
(2) The pilot program shall cover Department of Defense contracts
for the procurement of commercial services designated by the Secretary
under subsection (b) that are awarded or modified during the period of
the pilot program, regardless of whether the contracts are performed
during the period.
(f) Report to Congress.--(1) The Secretary shall submit to Congress
a report on the impact of the pilot program on--
(A) prices paid by the Federal Government under contracts
for commercial services covered by the pilot program;
(B) the quality and timeliness of the services provided
under such contracts;
(C) the number of Federal Government personnel that are
necessary to enter into and administer such contracts; and
(D) the impact of the program on levels of contracting with
small business concerns, HUBZone small business concerns, small
business concerns owned and controlled by socially and
economically disadvantaged individuals, and small business
concerns owned and controlled by women.
(2) The Secretary shall submit the report--
(A) not later than 90 days after the end of the third full
fiscal year for which the pilot program is in effect; or
(B) if the period established for the pilot program under
subsection (e)(1) does not cover three full fiscal years, not
later than 90 days after the end of the designated period.
(g) Price Trend Analysis.--The Secretary of Defense shall apply the
procedures developed pursuant to section 803(c) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2081; 10 U.S.C. 2306a note) to collect and analyze
information on price trends for all services covered by the pilot
program and for the services in such categories of services not covered
by the pilot program to which the Secretary considers it appropriate to
apply those procedures.
(h) Relationship to Preference on Transportation of Supplies.--
Nothing in this section shall be construed as modifying, superseding,
impairing, or restricting requirements, authorities, or
responsibilities under section 2631 of title 10, United States Code.
(i) Definitions.--In this section:
(1) The term ``small business concern'' means a business
concern that meets the applicable size standards prescribed
pursuant to section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
(2) The term ``small business concern owned and controlled
by socially and economically disadvantaged individuals'' has
the meaning given the term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
(3) The term ``small business concern owned and controlled
by women'' has the meaning given the term in section 8(d)(3)(D)
of the Small Business Act (15 U.S.C. 637(d)(3)(D)).
(4) The term ``HUBZone small business concern'' has the
meaning given the term in section 3(p)(3) of the Small Business
Act (15 U.S.C. 632(p)(3)).
SEC. 806. STREAMLINED APPLICABILITY OF COST ACCOUNTING STANDARDS.
(a) Applicability.--Paragraph (2) of section 26(f) of the Office of
Federal Procurement Policy Act (41 U.S.C. 422(f)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
(2) by striking subparagraph (B) and inserting the
following:
``(B) The cost accounting standards shall not apply to a contractor
or subcontractor for a fiscal year (or other one-year period used for
cost accounting by the contractor or subcontractor) if the total value
of all of the contracts and subcontracts covered by the cost accounting
standards that were entered into by the contractor or subcontractor,
respectively, in the previous or current fiscal year (or other one-year
cost accounting period) was less than $50,000,000.
``(C) Subparagraph (A) does not apply to the following contracts or
subcontracts for the purpose of determining whether the contractor or
subcontractor is subject to the cost accounting standards:
``(i) Contracts or subcontracts for the acquisition of
commercial items.
``(ii) Contracts or subcontracts where the price negotiated
is based on prices set by law or regulation.
``(iii) Firm, fixed-price contracts or subcontracts awarded
on the basis of adequate price competition without submission
of certified cost or pricing data.
``(iv) Contracts or subcontracts with a value that is less
than $5,000,000.''.
(b) Waiver.--Such section is further amended by adding at the end
the following:
``(5)(A) The head of an executive agency may waive the
applicability of cost accounting standards for a contract or
subcontract with a value less than $10,000,000 if that official
determines in writing that--
``(i) the contractor or subcontractor is primarily engaged
in the sale of commercial items; and
``(ii) the contractor or subcontractor would not otherwise
be subject to the cost accounting standards.
``(B) The head of an executive agency may also waive the
applicability of cost accounting standards for a contract or
subcontract under extraordinary circumstances when necessary to meet
the needs of the agency. A determination to waive the applicability of
cost accounting standards under this subparagraph shall be set forth in
writing and shall include a statement of the circumstances justifying
the waiver.
``(C) The head of an executive agency may not delegate the
authority under subparagraph (A) or (B) to any official in the
executive agency below the senior policymaking level in the executive
agency.
``(D) The Federal Acquisition Regulation shall include the
following:
``(i) Criteria for selecting an official to be delegated
authority to grant waivers under subparagraph (A) or (B).
``(ii) The specific circumstances under which such a waiver
may be granted.
``(E) The head of each executive agency shall report the waivers
granted under subparagraphs (A) and (B) for that agency to the Board on
an annual basis.''.
(c) Construction Regarding Certain Not-For-Profit Entities.--The
amendments made by this section shall not be construed as modifying or
superseding, nor as intended to impair or restrict, the applicability
of the cost accounting standards to--
(1) any educational institution or federally funded
research and development center that is associated with an
educational institution in accordance with Office of Management
and Budget Circular A-21, as in effect on January 1, 1999; or
(2) any contract with a nonprofit entity that provides
research and development and related products or services to
the Department of Defense.
SEC. 807. GUIDANCE ON USE OF TASK ORDER AND DELIVERY ORDER CONTRACTS.
(a) Guidance in the Federal Acquisition Regulation.--Not later than
180 days after the date of the enactment of this Act, the Federal
Acquisition Regulation issued in accordance with sections 6 and 25 of
the Office of Federal Procurement Policy Act shall be revised to
provide guidance to agencies on the appropriate use of task order and
delivery order contracts in accordance with sections 2304a through
2304d of title 10, United States Code, and sections 303H through 303K
of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253h through 253k).
(b) Content of Guidance.--The regulations issued pursuant to
subsection (a) shall, at a minimum, provide the following:
(1) Specific guidance on the appropriate use of government-
wide and other multiagency contracts entered in accordance with
the provisions of law referred to in that subsection.
(2) Specific guidance on steps that agencies should take in
entering and administering multiple award task order and
delivery order contracts to ensure compliance with--
(A) the requirement in section 5122 of the Clinger-
Cohen Act (40 U.S.C. 1422) for capital planning and
investment control in purchases of information
technology products and services;
(B) the requirement in section 2304c(b) of title
10, United States Code, and section 303J(b) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253j(b)) to ensure that all contractors
are afforded a fair opportunity to be considered for
the award of task orders and delivery orders; and
(C) the requirement in section 2304c(c) of title
10, United States Code, and section 303J(c) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253j(c)) for a statement of work in
each task order or delivery order issued that clearly
specifies all tasks to be performed or property to be
delivery under the order.
(c) GSA Federal Supply Schedules Program.--The Administrator for
Federal Procurement Policy shall consult with the Administrator of
General Services to assess the effectiveness of the multiple awards
schedule program of the General Services Administration referred to in
section 309(b)(3) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 259(b)(3)) that is administered as the Federal
Supply Schedules program. The assessment shall include examination of
the following:
(1) The administration of the program by the Administrator
of General Services.
(2) The ordering and program practices followed by Federal
customer agencies in using schedules established under the
program.
(d) GAO Report.--Not later than one year after the date on which
the regulations required by subsection (a) are published in the Federal
Register, the Comptroller General shall submit to Congress an
evaluation of executive agency compliance with the regulations,
together with any recommendations that the Comptroller General
considers appropriate.
SEC. 808. CLARIFICATION OF DEFINITION OF COMMERCIAL ITEMS WITH RESPECT
TO ASSOCIATED SERVICES.
Section 4(12) (E) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(E)) is amended to read as follows:
``(E) Installation services, maintenance services,
repair services, training services, and other services
if--
``(i) the services are procured for support
of an item referred to in subparagraph (A),
(B), (C), or (D), regardless of whether such
services are provided by the same source or at
the same time as the item; and
``(ii) the source of the services provides
similar services contemporaneously to the
general public under terms and conditions
similar to those offered to the Federal
Government.''.
SEC. 809. USE OF SPECIAL SIMPLIFIED PROCEDURES FOR PURCHASES OF
COMMERCIAL ITEMS IN EXCESS OF THE SIMPLIFIED ACQUISITION
THRESHOLD.
(a) Extension of Authority.--Section 4202(e) of the Clinger-Cohen
Act of 1996 (divisions D and E of Public Law 104-106; 110 Stat. 654; 10
U.S.C. 2304 note) is amended by striking ``three years after the date
on which such amendments take effect pursuant to section 4401(b)'' and
inserting ``January 1, 2002''.
(b) GAO Report.--Not later than March 1, 2001, the Comptroller
General shall submit to Congress an evaluation of the test program
authorized by section 4204 of the Clinger-Cohen Act of 1996, together
with any recommendations that the Comptroller General considers
appropriate regarding the test program or the use of special simplified
procedures for purchases of commercial items in excess of the
simplified acquisition threshold.
SEC. 810. EXTENSION OF INTERIM REPORTING RULE FOR CERTAIN PROCUREMENTS
LESS THAN $100,000.
Section 31(e) of the Office of Federal Procurement Policy Act (41
U.S.C. 427(e)) is amended by striking ``October 1, 1999'' and inserting
``October 1, 2004''.
SEC. 811. CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.
Subsection (k) of section 2323 of title 10, United States Code, is
amended by striking ``2000'' both places it appears and inserting
``2003''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General
SEC. 901. NUMBER OF MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUPPORT
ACTIVITIES PERSONNEL.
(a) Revised Limitation.--Section 130a of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``75 percent'' and
inserting ``65 percent''; and
(2) in subsection (c), by striking ``October 1, 1997'' and
inserting ``October 1, 1989''.
(b) Repeal of Phased Reduction Requirement.--Subsection (b) of such
section is repealed.
(c) Conforming Repeal.--Subsection (g) of such section is repealed.
(d) Technical Amendment.--Subsections (c), (d), (e), and (f) are
redesignated as subsections (b), (c), (d), and (e), respectively.
SEC. 902. ADDITIONAL MATTERS FOR ANNUAL REPORTS ON JOINT WARFIGHTING
EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is amended by
adding at the end the following:
``(5) Any recommendations that the commander considers
appropriate regarding--
``(A) the development or procurement of advanced
technologies, systems, or weapons or systems platforms,
or other changes in doctrine, organization, training,
materiel, leadership, personnel, or the allocation of
resources, as a result of joint warfighting
experimentation activities;
``(B) the elimination of unnecessary equipment and
redundancies in capabilities and forces across the
armed forces; and
``(C) the fielding of advanced technologies across
the armed forces for purposes of the development of
joint operational concepts or the conduct of joint
warfighting experiments.
``(6) A description of any actions taken by the Secretary
of Defense to implement the recommendations of the
commander.''.
SEC. 903. ACCEPTANCE OF GUARANTEES IN CONNECTION WITH GIFTS TO THE
UNITED STATES MILITARY ACADEMY.
(a) Authority.--Chapter 403 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4359. Acceptance of guarantees with gifts for major projects
``(a) Acceptance Authority.--The Secretary of the Army may, subject
to subsection (c), accept from a donor a qualified guarantee for the
completion of a major project for the benefit of the Academy.
``(b) Obligation Authority.--Funds available for a project for
which a guarantee has been accepted under this section may be obligated
and expended for the project without regard to whether the total amount
of the funds and other resources available for the project (not taking
into account the amount of the guarantee) is sufficient to pay for
completion of the project.
``(c) Definitions.--In this section:
``(1) Major project.--The term `major project' means a
project for the purchase or other procurement of real or
personal property, or for the construction of any improvement
to real property, the total cost of which is, or is estimated
to be, at least $1,000,000.
``(2) Qualified guarantee.--The term `qualified guarantee',
with respect to a major project, means a guarantee that--
``(A) is made by a person in connection with the
person's donation, specifically for the project, of a
total amount in cash or securities that, as determined
by the Secretary of the Army, is sufficient to defray a
substantial portion of the total cost of the project;
``(B) is made to facilitate or expedite the
completion of the project in reasonable anticipation
that other donors will contribute sufficient funds or
other resources in amounts sufficient to pay for
completion of the project;
``(C) is set forth as a written agreement that
provides for the donor to furnish in cash or
securities, in addition to the donor's other gift or
gifts for the project, any additional amount that may
become necessary for paying the cost of completing the
project by reason of a failure to obtain from other
donors or sources funds or other resources in amounts
sufficient to pay the cost of completing the project;
and
``(D) is accompanied by--
``(i) an unconditional letter of credit for
the benefit of the Academy that is in the
amount of the guarantee and is issued by a
major United States commercial bank; or
``(ii) a qualified account control
agreement.
``(3) Qualified account control agreement.--The term
`qualified account control agreement', with respect to a
guarantee of a donor, means an agreement among the donor, the
Secretary of the Army, and a major United States investment
management firm that--
``(A) ensures the availability of sufficient funds
or other financial resources to pay the amount
guaranteed during the period of the guarantee;
``(B) provides for the perfection of a security
interest in the assets of the account for the United
States for the benefit of the Academy with the highest
priority available for liens and security interests
under applicable law;
``(C) requires the donor to maintain in an account
with the investment management firm assets having a
total value that is not less than 130 percent of the
amount guaranteed; and
``(D) requires the investment management firm, at
any time that the value of the account is less than the
value required to be maintained under subparagraph (C),
to liquidate any noncash assets in the account and
reinvest the proceeds in Treasury bills issued under
section 3104 of title 31.
``(4) Major united states commercial bank.--The term `major
United States commercial bank' means a commercial bank that--
``(A) is headquartered in the United States; and
``(B) has net assets in a total amount considered
by the Secretary of the Army to qualify the bank as a
major bank.
``(5) Major united states investment management firm.--The
term `major United States investment management firm' means an
investment company (as defined in section 3 of the Investment
Company Act of 1940 (15 U.S.C. 80a-3)) that--
``(A) is headquartered in the United States; and
``(B) manages for others the investment of assets
in a total amount considered by the Secretary of the
Army to qualify the firm as a major investment
management firm.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4359. Acceptance of guarantees with gifts for major projects.''.
SEC. 904. MANAGEMENT OF THE CIVIL AIR PATROL.
(a) Sense of Congress.--It is the sense of Congress that no major
change to the governance structure of the Civil Air Patrol should be
mandated by Congress until a review of potential improvements in the
management and oversight of Civil Air Patrol operations is conducted.
(b) GAO Study.--The Comptroller General shall conduct a study of
potential improvements to Civil Air Patrol operations, including Civil
Air Patrol financial management, Air Force and Civil Air Patrol
oversight, and the Civil Air Patrol safety program. Not later than
February 15, 2000, the Inspector General shall submit a report on the
results of the study to the congressional defense committees.
(c) Inspector General Review.--(1) The Inspector General of the
Department of Defense shall review the financial and management
operations of the Civil Air Patrol. The review shall include an audit.
(2) Not later than February 15, 2000, the Inspector General shall
submit to the congressional defense committees a report on the review,
including, specifically, the results of the audit. The report shall
include any recommendations that the Inspector General considers
appropriate regarding actions necessary to ensure the proper oversight
of the financial and management operations of the Civil Air Patrol.
SEC. 905. MINIMUM INTERVAL FOR UPDATING AND REVISING DEPARTMENT OF
DEFENSE STRATEGIC PLAN.
Section 306(b) of title 5, United States Code, is amended by
striking ``, and shall be updated and revised at least every three
years.'' and inserting a period and the following: ``The strategic plan
shall be updated and revised at least every three years, except that
the strategic plan for the Department of Defense shall be updated and
revised at least every four years.''.
SEC. 906. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE REVIEW.
(a) Review Required.--Chapter 2 of title 10, United States Code, is
amended by inserting after section 117 the following:
``Sec. 118. Quadrennial defense review
``(a) Review Required.--The Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, shall conduct in each
year in which a President is inaugurated a comprehensive examination of
the defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense program
and policies with a view toward determining and expressing the defense
strategy of the United States and establishing a revised defense plan
for the ensuing 10 years and a revised defense plan for the ensuing 20
years.
``(b) Consideration of Reports of National Defense Panel.--In
conducting the review, the Secretary shall take into consideration the
reports of the National Defense Panel submitted under section 184(d) of
this title.
``(c) Report to Congress.--The Secretary shall submit a report on
each review to the Committees on Armed Services of the Senate and the
House of Representatives not later than September 30 of the year in
which the review is conducted. The report shall include the following:
``(1) The results of the review, including a comprehensive
discussion of the defense strategy of the United States and the
force structure best suited to implement that strategy,
expressed in terms of size, characteristics, and organization,
or in other terms suitable for characterizing the force
structure.
``(2) The size, characteristics, and organization of an
alternative force structure that is suited for implementing the
strategy but is significantly larger than the force structure
discussed under paragraph (1), together with the benefits and
risks associated with the larger force structure.
``(3) The size, characteristics, and organization of an
alternative force structure that is suited for implementing the
strategy but is significantly smaller than the force structure
discussed under paragraph (1), together with the benefits and
risks associated with the smaller force structure.
``(4) The threats examined for purposes of the review and
the scenarios developed in the examination of such threats.
``(5) The assumptions used in the review, including
assumptions relating to the cooperation of allies and mission-
sharing, levels of acceptable risk, warning times, and
intensity and duration of conflict.
``(6) The effect on the force structure of preparations for
and participation in peace operations and military operations
other than war.
``(7) The effect on the force structure of the utilization
by the armed forces of technologies anticipated to be available
for the ensuing 10 years and technologies anticipated to be
available for the ensuing 20 years, including precision guided
munitions, stealth, night vision, digitization, and
communications, and the changes in organization, doctrine, and
operational concepts that would result from the utilization of
such technologies.
``(8) The manpower and sustainment policies required under
the defense strategy to support engagement in conflicts lasting
more than 120 days.
``(9) The anticipated roles and missions of the reserve
components in the defense strategy and the strength,
capabilities, and equipment necessary to assure that the
reserve components can capably discharge those roles and
missions.
``(10) The appropriate ratio of combat forces to support
forces (commonly referred to as the ``tooth-to-tail'' ratio)
under the defense strategy, including, in particular, the
appropriate number and size of headquarters units and Defense
Agencies for that purpose.
``(11) The air-lift and sea-lift capabilities required to
support the defense strategy.
``(12) The forward presence, pre-positioning, and other
anticipatory deployments necessary under the defense strategy
for conflict deterrence and adequate military response to
anticipated conflicts.
``(13) The extent to which resources must be shifted among
two or more theaters under the defense strategy in the event of
conflict in such theaters.
``(14) The advisability of revisions to the Unified Command
Plan as a result of the defense strategy.
``(15) Any other matter the Secretary considers
appropriate.''.
(b) National Defense Panel.--Chapter 7 of such title is amended by
adding at the end the following:
``Sec. 184. National Defense Panel
``(a) Establishment.--Not later than January 1 of each year
immediately preceding a year in which a President is to be inaugurated,
the Secretary of Defense shall establish a nonpartisan, independent
panel to be known as the National Defense Panel. The Panel shall have
the duties set forth in this section.
``(b) Membership and Chairman.--(1) The Panel shall be composed of
nine members appointed from among persons in the private sector who are
recognized experts in matters relating to the national security of the
United States, as follows:
``(A) Three members appointed by the Secretary of Defense.
``(B) Three members appointed by the Chairman of the
Committee on Armed Services of the Senate, in consultation with
the ranking member of the committee.
``(C) Three members appointed by the Chairman of the
Committee on Armed Services of the House of Representatives, in
consultation with the ranking member of the committee.
``(2) The Secretary of Defense, in consultation with the chairmen
and ranking members of the Committees on Armed Services of the Senate
and the House of Representatives, shall designate one of the members to
serve as the chairman of the Panel
``(c) Duties.--(1) The Panel shall--
``(A) assess the matters referred to in paragraph (2);
``(B) assess the current and projected strategic
environment, together with the progress made by the armed
forces in transforming to meet the environment;
``(C) identify the most dangerous threats to the national
security interests of the United States that are to be
countered by the United States in the ensuing 10 years and
those that are to be encountered in the ensuing 20 years;
``(D) identify the strategic and operational challenges for
the armed forces to address in order to prepare to counter the
threats identified under subparagraph (C);
``(E) develop--
``(i) a recommendation on the priority that should
be accorded to each of the strategic and operational
challenges identified under subparagraph (D); and
``(ii) a recommendation on the priority that should
be accorded to the development of each joint capability
needed to meet each such challenge; and
``(F) identify the issues that the Panel recommends for
assessment during the next quadrennial review to be conducted
under section 118 of this title.
``(2) The matters to be assessed under paragraph (1)(A) are the
defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense program
and policies established since the previous quadrennial defense review
under section 118 of this title.
``(3) The Panel shall conduct the assessments under paragraph (1)
with a view toward recommending--
``(A) the most critical changes that should be made to the
defense strategy of the United States for the ensuing 10 years
and the most critical changes that should be made to the
defense strategy of the United States for the ensuing 20 years;
and
``(B) any changes considered appropriate by the Panel
regarding the major weapon systems programmed for the force,
including any alternatives to those weapon systems.
``(d) Report.--(1) The Panel, in the year that it is conducting an
assessment under subsection (c), shall submit to the Secretary of
Defense and to the Committees on Armed Services of the Senate and the
House of Representatives two reports on the assessment, including a
discussion of the Panel's activities, the findings and recommendations
of the Panel, and any recommendations for legislation that the Panel
considers appropriate, as follows:
``(A) A status report and an outline of current activities
not later than July 1 of the year.
``(B) A final report not later than December 1 of the year.
``(2) Not later than December 15 of the year in which the Secretary
receives a final report under paragraph (1)(B), the Secretary shall
submit to the committees referred to in subsection (b) a copy of the
report together with the Secretary's comments on the report.
``(e) Information From Federal Agencies.--The Panel may secure
directly from the Department of Defense and any of its components and
from any other Federal department and agency such information as the
Panel considers necessary to carry out its duties under this section.
The head of the department or agency concerned shall ensure that
information requested by the Panel under this subsection is promptly
provided.
``(f) Personnel Matters.--(1) Each member of the Panel shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5 for each day (including travel time) during
which the member is engaged in the performance of the duties of the
Panel.
``(2) The members of the Panel shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5 while
away from their homes or regular places of business in the performance
of services for the Panel.
``(3)(A) The chairman of the Panel may, without regard to the civil
service laws and regulations, appoint and terminate an executive
director and a staff if the Panel determines that an executive director
and staff are necessary in order for the Panel to perform its duties
effectively. The employment of an executive director shall be subject
to confirmation by the Panel.
``(B) The chairman may fix the compensation of the executive
director without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5 relating to classification of positions
and General Schedule pay rates, except that the rate of pay for the
executive director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
``(4) Any Federal Government employee may be detailed to the Panel
without reimbursement of the employee's agency, and such detail shall
be without interruption or loss of civil service status or privilege.
The Secretary shall ensure that sufficient personnel are detailed to
the Panel to enable the Panel to carry out its duties effectively.
``(5) To the maximum extent practicable, the members and employees
of the Panel shall travel on military aircraft, military ships,
military vehicles, or other military conveyances when travel is
necessary in the performance of a duty of the Panel, except that no
such aircraft, ship, vehicle, or other conveyance may be scheduled
primarily for the transportation of any such member or employee when
the cost of commercial transportation is less expensive.
``(g) Administrative Provisions.--(1) The Panel may use the United
States mails and obtain printing and binding services in the same
manner and under the same conditions as other departments and agencies
of the Federal Government.
``(2) The Secretary shall furnish the Panel any administrative and
support services requested by the Panel.
``(3) The Panel may accept, use, and dispose of gifts or donations
of services or property.
``(h) Payment of Panel Expenses.--The compensation, travel
expenses, and per diem allowances of members and employees of the Panel
shall be paid out of funds available to the Department of Defense for
the payment of compensation, travel allowances, and per diem
allowances, respectively, of civilian employees of the Department. The
other expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
``(i) Termination.--The Panel shall terminate at the end of the
year following the year in which the Panel submits its final report
under subsection (d)(1)(B). For the period that begins 90 days after
the date of submittal of the report, the activities and staff of the
panel shall be reduced to a level that the Secretary of Defense
considers sufficient to continue the availability of the panel for
consultation with the Secretary of Defense and with the Committees on
Armed Services of the Senate and the House of Representatives.''.
(c) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 2 of title 10, United States Code, is amended by
inserting after the item relating to section 117 the following:
``118. Quadrennial defense review.''.
(2) The table of sections at the beginning of chapter 7 of such
title is amended by adding at the end the following:
``184. National Defense Panel.''.
Subtitle B--Commission To Assess United States National Security Space
Management and Organization
SEC. 911. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission known
as the ``Commission To Assess United States National Security Space
Management and Organization'' (hereafter in this subtitle referred to
as the ``Commission'').
(b) Composition.--The Commission shall be composed of nine members
appointed by the Secretary of Defense. In selecting individuals for
appointment to the Commission, the Secretary should consult with--
(1) the Speaker of the House of Representatives concerning
the appointment of three of the members of the Commission;
(2) the majority leader of the Senate concerning the
appointment of three of the members of the Commission; and
(3) the minority leader of the House of Representatives and
the minority leader of the Senate concerning the appointment of
three of the members of the Commission.
(c) Qualifications.--Members of the Commission shall be appointed
from among private citizens of the United States who have knowledge and
expertise in the areas of national security space policy, programs,
organizations, and future national security concepts.
(d) Chairman.--The Speaker of the House of Representatives, after
consultation with the majority leader of the Senate and the minority
leaders of the House of Representatives and the Senate, shall designate
one of the members of the Commission to serve as chairman of the
Commission.
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(f) Security Clearances.--All members of the Commission shall hold
appropriate security clearances.
(g) Initial Organization Requirements.--(1) All appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act.
(2) The Commission shall convene its first meeting not later than
60 days after the date as of which all members of the Commission have
been appointed, but not earlier than October 15, 1999.
SEC. 912. DUTIES OF COMMISSION.
(a) Review of United States National Security Space Management and
Organization.--The Commission shall, with a focus on changes to be
implemented over the near-term, medium-term, and long-term that would
strengthen United States national security, review the following:
(1) The relationship between the intelligence and
nonintelligence aspects of national security space (so-called
``white space'' and ``black space''), and the potential
benefits of a partial or complete merger of the programs,
projects, or activities that are differentiated by the two
aspects.
(2) The benefits of establishing any of the following:
(A) An independent military department and service
dedicated to the national security space mission.
(B) A corps within the Air Force dedicated to the
national security space mission.
(C) A position of Assistant Secretary of Defense
for Space within the Office of the Secretary of
Defense.
(D) Any other change to the existing organizational
structure of the Department of Defense for national
security space management and organization.
(3) The benefits of establishing a new major force program,
or other budget mechanism, for managing national security space
funding within the Department of Defense.
(b) Cooperation From Government Officials.--In carrying out its
duties, the Commission should receive the full and timely cooperation
of the Secretary of Defense, the Director of Central Intelligence, and
any other United States Government official responsible for providing
the Commission with analyses, briefings, and other information
necessary for the fulfillment of its responsibilities.
SEC. 913. REPORT.
The Commission shall, not later than six months after the date of
its first meeting, submit to Congress a report on its findings and
conclusions.
SEC. 914. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this subtitle, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from the
Department of Defense, the other departments and agencies of the
intelligence community, and any other Federal department or agency
information that the Commission considers necessary to enable the
Commission to carry out its responsibilities under this subtitle.
SEC. 915. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall constitute a
quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority
of the members of the Commission.
(c) Commission.--The Commission may establish panels composed of
less than full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the
findings and determinations of the Commission unless approved by the
Commission.
(d) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this subtitle.
SEC. 916. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff director and
such additional personnel as may be necessary to enable the Commission
to perform its duties. The appointment of a staff director shall be
subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General Schedule pay
rates, except that the rate of pay fixed under this paragraph for the
staff director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for grade
GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman
of the Commission, the head of any Federal department or agency may
detail, on a nonreimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The
chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule under
section 5316 of such title.
SEC. 917. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the
United States mails and obtain printing and binding services in the
same manner and under the same conditions as other departments and
agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a reimbursable
basis, any administrative and support services requested by the
Commission.
SEC. 918. FUNDING.
Funds for activities of the Commission shall be provided from
amounts appropriated for the Department of Defense for operation and
maintenance for Defense-wide activities for fiscal year 2000. Upon
receipt of a written certification from the Chairman of the Commission
specifying the funds required for the activities of the Commission, the
Secretary of Defense shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated in such
certification.
SEC. 919. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its report under section 913.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 2000 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. SECOND BIENNIAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.
The second biennial financial management improvement plan submitted
to Congress under section 2222 of title 10, United States Code, shall
include the following matters:
(1) An inventory of the finance and accounting systems and
data feeder systems of the Department of Defense and, for each
such system--
(A) a statement regarding whether the system
complies with the requirements applicable to the system
under sections 3512, 3515, and 3521 of title 31, United
States Code;
(B) a statement regarding whether the system is to
be retained, consolidated, or eliminated;
(C) a detailed plan of the actions that are being
taken or are to be taken within the Department of
Defense (including provisions for schedule, performance
objectives, interim milestones, and necessary
resources)--
(i) to ensure easy and reliable interfacing
of the system (or a consolidated or successor
system) with the department's core finance and
accounting systems and with other data feeder
systems; and
(ii) to institute appropriate internal
controls that, among other benefits, ensure the
integrity of the data in the system (or a
consolidated or successor system);
(D) for each system that is to be consolidated or
eliminated, a detailed plan of the actions that are
being taken or are to be taken (including provisions
for schedule and interim milestones) in carrying out
the consolidation or elimination, including a
discussion of both the interim or migratory systems and
any further consolidation that may be involved; and
(E) a list of the officials in the Department of
Defense who are responsible for ensuring that actions
referred to in subparagraphs (C) and (D) are taken in a
timely manner.
(2) A description of each major procurement action that is
being taken within the Department of Defense to replace or
improve a finance and accounting system or a data feeder system
listed in the inventory under paragraph (1) and, for each such
procurement action, the measures that are being taken or are to
be taken to ensure that the new or enhanced system--
(A) provides easy and reliable interfacing of the
system with the core finance and accounting systems of
the department and with other data feeder systems; and
(B) includes appropriate internal controls that,
among other benefits, ensure the integrity of the data
in the system.
(3) A financial management competency plan that includes
performance objectives, milestones (including interim
objectives), responsible officials, and the necessary resources
to accomplish the performance objectives, together with the
following:
(A) A description of the actions necessary to
ensure that the person in each comptroller position (or
comparable position) in the Department of Defense,
whether a member of the Armed Forces or a civilian
employee, has the education, technical competence, and
experience to perform in accordance with the core
competencies necessary for financial management.
(B) A description of the education that is
necessary for a financial manager in a senior grade to
be knowledgeable in--
(i) applicable laws and administrative and
regulatory requirements, including the
requirements and procedures relating to
Government performance and results under
sections 1105(a)(28), 1115, 1116, 1117, 1118,
and 1119 of title 31, United States Code;
(ii) the strategic planning process and how
the process relates to resource management;
(iii) budget operations and analysis
systems;
(iv) management analysis functions and
evaluation; and
(v) the principles, methods, techniques,
and systems of financial management.
(C) The advantages and disadvantages of
establishing and operating a consolidated Department of
Defense school that instructs in the principles
referred to in subparagraph (B)(v).
(D) The applicable requirements for formal civilian
education.
(4) A detailed plan (including performance objectives and
milestones and standards for measuring progress toward
attainment of the objectives) for--
(A) improving the internal controls and internal
review processes of the Defense Finance and Accounting
Service to provide reasonable assurances that--
(i) obligations and costs are in compliance
with the applicable laws;
(ii) funds, property, and other assets are
safeguarded against waste, loss, unauthorized
use, and misappropriation;
(iii) revenues and expenditures applicable
to agency operations are properly recorded and
accounted for so as to permit the preparation
of accounts and reliable financial and
statistical reports and to maintain
accountability over assets;
(iv) obligations and expenditures are
recorded contemporaneously with each
transaction;
(v) organizational and functional duties
are performed separately at each step in the
cycles of transactions (including, in the case
of a contract, the specification of
requirements, the formation of the contract,
the certification of contract performance,
receiving and warehousing, accounting, and
disbursing); and
(vi) use of progress payment allocation
systems results in posting of payments to
appropriation accounts consistent with section
1301 of title 31, United States Code.
(B) ensuring that the Defense Finance and
Accounting Service has--
(i) a single standard transaction general
ledger that, at a minimum, uses double-entry
bookkeeping and complies with the United States
Government Standard General Ledger at the
transaction level as required under section
803(a) of the Federal Financial Management
Improvement Act of 1996 (31 U.S.C. 3512 note);
(ii) an integrated data base for finance
and accounting functions; and
(iii) automated cost, performance, and
other output measures;
(C) providing a single, consistent set of policies
and procedures for financial transactions throughout
the Department of Defense;
(D) ensuring compliance with applicable policies
and procedures for financial transactions throughout
the Department of Defense; and
(E) reviewing safeguards for preservation of assets
and verifying the existence of assets.
(5) An internal controls checklist which, consistent with
the authority in sections 3511 and 3512 of title 31, United
States Code, the Comptroller General shall prescribe as the
standards for use throughout the Department of Defense,
together with a statement of the Department of Defense policy
on use of the checklist throughout the department.
SEC. 1003. SINGLE PAYMENT DATE FOR INVOICE FOR VARIOUS SUBSISTENCE
ITEMS.
Section 3903 of title 31, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) A contract for the procurement of subsistence items that is
entered into under the prime vendor program of the Defense Logistics
Agency may specify for the purposes of section 3902 of this title a
single required payment date that is to be applicable to an invoice for
subsistence items furnished under the contract when more than one
payment due date would otherwise be applicable to the invoice under the
regulations prescribed under paragraphs (2), (3), and (4) of subsection
(a) or under any other provisions of law. The required payment date
specified in the contract shall be consistent with prevailing industry
practices for the subsistence items, but may not be more than 10 days
after the date of receipt of the invoice or the certified date of
receipt of the items. The Director of the Office of Management and
Budget shall provide in the regulations under subsection (a) that when
a required payment date is so specified for an invoice, no other
payment due date applies to the invoice.''.
SEC. 1004. AUTHORITY TO REQUIRE USE OF ELECTRONIC TRANSFER OF FUNDS FOR
DEPARTMENT OF DEFENSE PERSONNEL PAYMENTS.
(a) Authority.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 2784. Payments to personnel: electronic transfers of funds
``(a) Authority.--The Secretary of Defense may require that pay,
allowances, retired or retainer pay, and any other payments out of
funds available to the Department of Defense to or for members of the
armed forces, former members of the armed forces, employees or former
employees of the Department of Defense, or dependents of such personnel
be made by electronic transfer of funds. For any such requirement, the
Secretary of Defense may prescribe in regulations any exceptions that
the Secretary considers appropriate.
``(b) Relationship to Other Law.--The authority under subsection
(a) is independent of the authority provided under section 3332 of
title 31 and may be exercised without regard to any exception provided
under that section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2784. Payments to personnel: electronic transfers of funds.''.
(c) Study and Report on Department of Defense Electronic Fund
Transfers.--(1) Subject to paragraph (3), the Secretary of Defense
shall conduct a feasibility study to determine--
(A) whether all electronic payments issued by the
Department of Defense should be routed through the Regional
Finance Centers of the Department of the Treasury for
verification and reconciliation;
(B) whether all electronic payments made by the Department
of Defense should be subjected to the same level of
reconciliation as United States Treasury checks, including
matching each payment issued with each corresponding deposit at
financial institutions;
(C) whether the appropriate computer security controls are
in place in order to ensure the integrity of electronic
payments;
(D) the estimated costs of implementing the processes and
controls described in subparagraphs (A), (B), (C); and
(E) the period that would be required to implement the
processes and controls.
(2) Not later than March 1, 2000, the Secretary of Defense shall
submit a report to Congress containing the results of the study
required by paragraph (1).
(3) In this subsection, the term ``electronic payment'' means any
transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic
terminal, telephonic instrument, or computer or magnetic tape so as to
order, instruct, or authorize a debit or credit to a financial account.
SEC. 1005. PAYMENT OF FOREIGN LICENSING FEES OUT OF PROCEEDS OF SALES
OF MAPS, CHARTS, AND NAVIGATIONAL BOOKS.
(a) In General.--Subchapter II of chapter 22 of title 10, United
States Code, is amended--
(1) by redesignating section 456 as section 457; and
(2) by inserting after section 455 the following new
section 456:
``Sec. 456. Maps, charts, and navigational publications: use of
proceeds of sale for foreign licensing and other fees
``(a) Authority To Pay Foreign Licensing Fees.--The Secretary of
Defense may pay, out of the proceeds of sales of maps, charts, and
other publications of the National Imagery and Mapping Agency (which
are hereby made available for the purpose), any licensing or other fees
imposed by foreign countries or international organizations for the
acquisition or use of data or products by the Agency.
``(b) Disposition of Other Proceeds.--Any proceeds of sales not
paid under the authority in subsection (a) shall be deposited by the
Secretary of Defense in the Treasury as miscellaneous receipts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that subchapter is amended by striking the item relating to section 456
and inserting the following new items:
``456. Maps, charts, and navigational publications: use of proceeds of
sale for foreign licensing and other fees.
``457. Civil actions barred.''.
SEC. 1006. AUTHORITY FOR DISBURSING OFFICERS TO SUPPORT USE OF
AUTOMATED TELLER MACHINES ON NAVAL VESSELS FOR FINANCIAL
TRANSACTIONS.
Section 3342(a) of title 31, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)(B)
and inserting ``; and''; and
(3) by adding at the end the following new paragraph (4):
``(4) with respect to automated teller machines on naval
vessels--
``(A) provide operating funds to the automated
teller machines; and
``(B) accept, for safekeeping, deposits and
transfers of funds made through the automated teller
machines.''.
SEC. 1007. CENTRAL TRANSFER ACCOUNT FOR COMBATING TERRORISM.
(a) Amount for Fiscal Year 2000.--(1) Of the amounts authorized to
be appropriated under this Act for the Department of Defense for fiscal
year 2000, $1,954,430,000 shall be available from the sources and in
the amounts specified in paragraph (2) for the missions of the
Department of Defense related to combating terrorism inside and outside
the United States.
(2) The amounts and sources referred to in paragraph (1) are as
follows:
(A) $229,820,000 of the total amount authorized to be
appropriated pursuant to title I for fiscal year 2000.
(B) $212,510,000 of the total amount authorized to be
appropriated pursuant to title II for fiscal year 2000.
(C) $1,512,100,000 of the total amount authorized to be
appropriated pursuant to title III for fiscal year 2000 (except
for the amount authorized to be appropriated under section
301(a)(25)).
(b) Transfer.--(1) The amounts made available under subsection (a)
from the authorizations of appropriations referred to in that
subsection shall be transferred to the amount authorized to be
appropriated under section 301(a)(25).
(2) The transfer authority provided in this section is in addition
to the transfer authority provided in section 1001.
(c) Budget Proposals for Fiscal Years After Fiscal Year 2000.--The
budget of the United States Government submitted to Congress under
section 1105 of title 31, United States Code, for each fiscal year
after fiscal year 2000 shall set forth separately for a single account
the amount requested for the missions of the Department of Defense
related to combating terrorism inside and outside the United States.
SEC. 1008. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2000.
(a) Fiscal Year 2000 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2000 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 1999, of funds appropriated for fiscal years before
fiscal year 2000 for payments for those budgets.
(2) The amount authorized to be appropriated under section
301(a)(1) that is available for contributions for the NATO
common-funded military budget under section 311.
(3) The amount authorized to be appropriated under section
201 that is available for contribution for the NATO common-
funded civil budget under section 211.
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the North
Atlantic Treaty Organization (and any successor or additional
account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.
SEC. 1009. RESPONSIBILITIES AND ACCOUNTABILITY FOR FINANCIAL
MANAGEMENT.
(a) Under Secretary of Defense (Comptroller).--(1) Section 135 of
title 10, United States Code, is amended--
(A) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(B) by inserting after subsection (c) the following:
``(d)(1) The Under Secretary is responsible for ensuring that the
financial statements of the Department of Defense are in a condition to
receive an unqualified audit opinion and that such an opinion is
obtained for the statements.
``(2) If the Under Secretary delegates the authority to perform a
duty, including any duty relating to disbursement or accounting, to
another officer, employee, or entity of the United States, the Under
Secretary continues after the delegation to be responsible and
accountable for the activity, operation, or performance of a system
covered by the delegated authority.''.
(2) Subsection (c)(1) of such section is amended by inserting ``and
to ensure accountability to the citizens of the United States,
Congress, the President, and managers within the Department of
Defense'' before the semicolon at the end.
(b) Management of Credit Cards.--(1) The Under Secretary of Defense
(Comptroller) shall prescribe regulations governing the use and control
of all credit cards and convenience checks that are issued to
Department of Defense personnel for official use. The regulations shall
be consistent with regulations that apply government-wide regarding use
of credit cards by Federal Government personnel for official purposes.
(2) The regulations shall include safeguards and internal controls
to ensure the following:
(A) There is a record of all credited card holders that is
annotated with the limitations on amounts that are applicable
to the use of each card by each credit card holder.
(B) The credit card holders and authorizing officials are
responsible for reconciling the charges appearing on each
statement of account with receipts and other supporting
documentation and for forwarding reconciled statements to the
designated disbursing office in a timely manner.
(C) Disputes and discrepancies are resolved in the manner
prescribed in the applicable Governmentwide credit card
contracts entered into by the Administrator of General
Services.
(D) Credit card payments are made promptly within
prescribed deadlines to avoid interest penalties.
(E) Rebates and refunds based on prompt payment on credit
card accounts are properly recorded in the books of account.
(F) Records of a credit card transaction (including records
on associated contracts, reports, accounts, and invoices) are
retained in accordance with standard Federal Government
policies on the disposition of records.
(c) Remittance Addresses.--The Under Secretary of Defense
(Comptroller) shall prescribe regulations setting forth controls on
alteration of remittance addresses. The regulations shall ensure that--
(1) a remittance address for a disbursement that is
provided by an officer or employee of the Department of Defense
authorizing or requesting the disbursement is not altered by
any officer or employee of the department authorized to prepare
the disbursement; and
(2) a remittance address for a disbursement is altered only
if the alteration is--
(A) requested by the person to whom the
disbursement is authorized to be remitted; and
(B) made by an officer or employee authorized to do
so who is not an officer or employee referred to in
paragraph (1).
SEC. 1010. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 1999.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 1999 in the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261) are hereby
adjusted, with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorization were increased (by
a supplemental appropriation) or decreased (by a rescission), or both,
in the 1999 Emergency Supplemental Appropriations Act.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. SALES OF NAVAL SHIPYARD ARTICLES AND SERVICES TO NUCLEAR
SHIP CONTRACTORS.
(a) Waiver of Required Conditions.--Chapter 633 of title 10, United
States Code, is amended by inserting after section 7299a the following:
``Sec. 7300. Contracts for nuclear ships: sales of naval shipyard
articles and services to contractors
``The conditions set forth in section 2208(j)(2) of this title and
subsections (a)(1) and (c)(1) of section 2553 of this title shall not
apply to a sale of articles or services of a naval shipyard that is
made to a contractor under a Department of Defense contract for a
nuclear ship in order to facilitate the contractor's fulfillment of
that contract.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7299a the following:
``7300. Contracts for nuclear ships: sales of naval shipyard articles
and services to contractors.''.
SEC. 1012. PERIOD OF DELAY AFTER NOTICE OF PROPOSED TRANSFER OF VESSEL
STRICKEN FROM NAVAL VESSEL REGISTER.
Section 7306(d) of title 10, United States Code, is amended--
(1) by striking ``(1)'';
(2) by striking ``(A)'' and inserting ``(1)''; and
(3) by striking ``(B)'' and all that follows and inserting
the following:
``(2) following the date on which such notice is sent to
Congress, there has elapsed 60 days on which at least one of
the Houses of Congress has been in session.''.
SEC. 1013. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY.
(a) Thailand.--The Secretary of the Navy is authorized to transfer
to the Government of Thailand the CYCLONE class coastal patrol craft
CYCLONE (PC1) or a craft with a similar hull. The transfer shall be
made on a sale, lease, lease/buy, or grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(b) Costs.--Any expense incurred by the United States in connection
with the transfer authorized under subsection (a) shall be charged to
the Government of Thailand.
(c) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the Secretary of the Navy shall require, as
a condition of the transfer of the vessel to the Government of Thailand
under this section, that the Government of Thailand have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a United States Naval
shipyard or other shipyard located in the United States.
(d) Expiration of Authority.--The authority to transfer a vessel
under subsection (a) shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
Subtitle C--Miscellaneous Report Requirements and Repeals
SEC. 1021. PRESERVATION OF CERTAIN DEFENSE REPORTING REQUIREMENTS.
(a) Preservation.--Any provision of law specified in subsections
(b) through (i) that requires the submittal to Congress (or any
committee of the Congress) of any annual, semiannual, or other regular
periodic report shall remain in effect with respect to that requirement
(notwithstanding any other provision of law) in accordance with the
terms of the specified provision of law.
(b) Title 10.--Subsection (a) applies with respect to the following
provisions of title 10, United States Code, listed in the Clerk's
Report (defined in subsection (j)):
(1) Sections 113(c) and 113(j), listed on page 57 of the
Clerk's Report.
(2) Section 115a(a), listed on page 57 of the Clerk's
Report as 10 U.S.C. 115(b)(3)(A).
(3) Section 139(f), listed on page 62 of the Clerk's Report
as 10 U.S.C. 138(g)(1).
(4) Section 221, listed on page 64 of the Clerk's Report as
10 U.S.C. 114.
(5) Section 226, specified on page 149 of the Clerk's
Report as section 1002 of Public Law 102-190.
(6) Section 662(b), listed on page 58 of the Clerk's
Report.
(7) Section 1464(c), listed on page 60 of the Clerk's
Report.
(8) Section 2006(e)(3), listed on page 76 of the Clerk's
Report.
(9) Section 2010, listed on page 57 of the Clerk's Report.
(10) Section 2011(e), listed on page 56 of the Clerk's
Report as Pub. L. 102-190, Sec. 1052(a).
(11) Section 2208(q), listed on page 64 of the Clerk's
Report as 10 U.S.C. 2208(i).
(12) Section 2391(c), listed on page 62 of the Clerk's
Report.
(13) Section 2431(a), listed on page 63 of the Clerk's
Report.
(14) Section 2432, listed on page 63 of the Clerk's Report.
(15) Section 2433, listed on page 63 of the Clerk's Report
as 10 U.S.C. 2433(e)(1) and 2433(e)(2)(A).
(16) Section 2461(g), listed on page 62 of the Clerk's
Report as 10 U.S.C. 2304 note.
(17) Section 2662(b), listed on pages 69, 74, and 76 of the
Clerk's Report.
(18) Section 2687(b), listed on page 62 of the Clerk's
Report.
(19) Section 2706, listed on page 60 of the Clerk's Report.
(20) Section 2859, listed on page 58 of the Clerk's Report.
(21) Section 2902(g)(2), specified on page 148 of the
Clerk's Report as section 1804(a) of Public Law 101-510.
(22) Section 10541(a), listed on page 57 of the Clerk's
Report as 10 U.S.C. 115(a).
(23) Section 12302(d), listed on page 14 of the Clerk's
Report as 10 U.S.C. 673(d).
(24) Section 16137, listed on page 59 of the Clerk's Report
as 10 U.S.C. 2137.
(c) Title 37.--Subsection (a) applies with respect to sections
1008(a) and 1008(b) of title 37, United States Code, listed on page 14
of the Clerk's Report (defined in subsection (j)).
(d) National Defense and Military Construction Authorization
Acts.--Subsection (a) applies with respect to provisions of law listed
in the Clerk's Report (defined in subsection (j)), as follows:
(1) Fiscal year 1982.--The following provisions of the
Military Construction Authorization Act, 1982 (Public Law 97-
99):
(A) Section 703(g) (95 Stat. 1376), listed on page
62 of the Clerk's Report.
(B) Section 704 (95 Stat. 1377), listed on pages
68, 73, and 75 of the Clerk's Report.
(2) Fiscal years 1988 and 1989.--Section 1121(f) of the
National Defense Authorization Act for Fiscal Year 1988 and
1989 (Public Law 100-180; 101 Stat. 1148; 10 U.S.C. 113 note)
(listed on page 61 of the Clerk's Report).
(3) Fiscal years 1990 and 1991.--Section 113(b) of the
National Defense Authorization Act for Fiscal Year 1990 and
1991 (Public Law 101-189; 103 Stat. 1373) (listed on page 2 of
the Clerk's Report).
(4) Fiscal years 1992 and 1993.--The following provisions
of the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190):
(A) Section 822(b) (42 U.S.C. 6687(b)), listed on
page 36 of the Clerk's Report.
(B) Section 1097 (22 U.S.C. 2751 note), listed on
page 15 of the Clerk's Report.
(e) Other National Security Laws.--Subsection (a) applies with
respect to provisions of law listed in the Clerk's Report (defined in
subsection (j)), as follows:
(1) Strategic and critical materials stock piling act.--Any
provision of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98 et seq.), referred to on page 169 of the
Clerk's Report.
(2) National security act of 1947.--Section 108 of the
National Security Act of 1947 (50 U.S.C. 404a), listed on page
33 of the Clerk's Report as Pub. L. 99-433, Sec. 603(a)).
(3) Iraq resolution.--Section 3 of the Authorization for
Use of Military Force Against Iraq Resolution (50 U.S.C. 1541
note), listed on page 14 of the Clerk's Report as Pub. L. 102-
1, Sec. 3).
(4) Military selective service act.--Section 10(g) of the
Military Selective Service Act (50 U.S.C. App. 460(g)) (listed
on page 191 of the Clerk's Report).
(5) National emergencies act.--The following provisions of
the National Emergencies Act:
(A) Section 202(d) (50 U.S.C. 1622(d)), listed on
page 33 of the Clerk's Report.
(B) Section 401(c) (50 U.S.C. 1641(c)), listed on
page 33 of the Clerk's Report.
(6) Food and forage act.--Section 3732 of the Revised
Statutes, popularly known as the ``Food and Forage Act''
(listed on page 64 of the Clerk's Report as 41 U.S.C. 11).
(7) Special national defense contracting authority.--
Section 4 of the Act entitled ``An Act to authorize the making,
amending, and modification of contracts to facilitate the
national defense'', approved August 28, 1958 (listed on several
pages of the Clerk's Report, including pages 9, 48, 51, 64, 69,
74, 76, 134, 142, 174, 179, and 186, as 50 U.S.C. 1434).
(f) Other Laws Administered by the Department of Defense.--
Subsection (a) applies with respect to the following provisions of law
listed in the Clerk's Report (defined in subsection (j)):
(1) Defense dependents' education act of 1978.--Section
1405 of the Defense Dependents' Education Act of 1978 (title
XIV of Public Law 95-561; 20 U.S.C. 924) (listed on page 77 of
the Clerk's Report).
(2) Armed forces retirement home act of 1991.--Section
1516(f) of the Armed Forces Retirement Home Act of 1991 (title
XV of Public Law 101-510; 104 Stat. 1728; 24 U.S.C. 416)
(listed on page 56 of the Clerk's Report).
(g) Provisions of Law Requiring Department of Energy Reports.--
Subsection (a) applies with respect to provisions of law listed in part
IV-A-5 of the Clerk's Report (defined in subsection (j)), relating to
reports to be submitted by the Secretary of Energy (or any other
official of the Department of Energy), as follows:
(1) National defense authorization acts.--The following
provisions of provisions law:
(A) Section 1436(e) of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 42 U.S.C. 2121 note) (listed on page 83 of the
Clerk's Report).
(B) Section 3141(c) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 42 U.S.C. 7274a(c)) (listed on
page 87 of the Clerk's Report).
(C) Section 3134 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 42 U.S.C. 7274c) (listed on page 87 of the Clerk's
Report).
(2) Title 10, united states code.--Sections 7424(b),
7425(b), and 7431(c) of title 10, United States Code (listed on
page 89 of the Clerk's Report).
(3) Energy policy and conservation act.--Section 165(b) of
the Energy Policy and Conservation Act (Public Law 94-163; 42
U.S.C. 6245(b)) (listed on page 89 of the Clerk's Report).
(h) Other Titles of the United States Code.--Subsection (a) applies
with respect to provisions of the United States Code listed in the
Clerk's Report (defined in subsection (j)), as follows:
(1) Title 31.--The following provisions of title 31:
(A) Section 3554(e)(2) of title 31, United States
Code (listed on page 8 of the Clerk's Report as 31
U.S.C. 3554(e)(2)).
(B) Section 9503(a) (listed on page 151 of the
Clerk's Report as 31 U.S.C. 9503(a)(1)(B)).
(2) Title 36.--Section 300110(b) of title 36, listed on
page 65 of the Clerk's Report as 36 U.S.C. 6.
(i) Other Laws.--Subsection (a) applies with respect to the
following provisions of law listed in the Clerk's Report (defined in
subsection (j)):
(1) Supplemental appropriations act, 1982.--Section 503(f)
of the Supplemental Appropriations Act, 1987 (Public Law 100-
71; 101 Stat. 471; 5 U.S.C. 7301 note) (listed on page 151 of
the Clerk's Report), insofar as the report under that section
relates to activities of the Department of Defense.
(2) Barry goldwater scholarship and excellence in education
act.--Section 1411(b) of the Barry Goldwater Scholarship and
Excellence in Education Act (title XIV of Public Law 99-661 (20
U.S.C. 4710(b)) (listed on page 174 of the Clerk's Report).
(3) Federal property and administrative services act of
1949.--Section 205(b) of the Federal Property and
Administrative Services Act of 1949 (listed on page 8 of the
Clerk's Report as 40 U.S.C. 486(b)).
(4) Uniformed and overseas citizens absentee voting act.--
Section 101(b)(6) of the Uniformed and Overseas Citizens
Absentee Voting Act (listed on page 151 of the Clerk's Report
as 42 U.S.C. 1973ff(b)(6)).
(5) National science and technology policy, organization,
and priorities act of 1976.--Section 603(e) of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6683(e)) (specified on page 36 of the
Clerk's Report as section 841(a) of Public Law 101-189).
(6) Laws requiring maritime administration reports.--
Provisions of law listed under the heading ``Maritime
Administration'' in Part IV-A-12 in the Clerk's Report,
relating to reports to be submitted by the Secretary of
Transportation (or any other official of the Department of
Transportation), listed on page 139.
(j) Clerk's Report Defined.--For the purposes of this section, the
term ``Clerk's Report'' means the document submitted by the Clerk of
House of Representatives to the Speaker of the House of Representatives
on January 5, 1993 (designated as House Document No. 103-7) for the
first session of the 103d Congress pursuant to clause 2 of Rule III of
the Rules of the House of Representatives, requiring the Clerk to
prepare, at the commencement of every regular session of Congress, a
list of reports which it is the duty of any officer or department to
make to Congress.
SEC. 1022. ANNUAL REPORT ON COMBATANT COMMAND REQUIREMENTS.
Section 153 of title 10, United States Code, is amended by adding
at the end the following:
``(c) Annual Report on Combatant Command Requirements.--(1) Not
later than August 15 of each year, the Chairman shall submit to the
committees of Congress named in paragraph (2) a report on the
requirements of the combatant commands established under section 161 of
this title. The report shall contain the following:
``(A) A consolidation of the integrated priority lists of
requirements of the combatant commands.
``(B) The Chairman's views on the consolidated lists.
``(2) The committees of Congress referred to in paragraph (1) are
the Committees on Armed Services and on Appropriations of the Senate
and House of Representatives.''.
SEC. 1023. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE THE NATIONAL
MILITARY STRATEGY.
(a) Requirement for Report.--(1) The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives in unclassified form a report on assessments of the
readiness of the United States to execute the National Military
Strategy. The report shall contain the following:
(A) All models used by the Joint Chiefs of Staff to assess
the capability of the United States to execute the strategy and
all other models used by the Armed Forces to assess the
capability.
(B) The assessments that would result from the use of those
models if it were necessary to execute the National Military
Strategy under the scenario set forth in paragraph (2),
including the levels of the casualties that the United States
would be projected to incur.
(C) The increasing levels of the casualties that would be
projected under that scenario over a range of risks of
prosecuting two major theater wars that proceeds from low-
moderate risk to moderate-high risk.
(D) An estimate of--
(i) the total resources needed to attain a
moderate-high risk under the scenario;
(ii) the total resources needed to attain a low-
moderate risk under the scenario; and
(iii) the incremental resources needed to decrease
the level of risk from moderate-high to low-moderate.
(2) The scenario to be used for purposes of subparagraphs (B), (C),
and (D) of paragraph (1) assumes that--
(A) while the Armed Forces are engaged in operations at the
level of the operations ongoing as of the date of the enactment
of this Act, international armed conflict begins in Southwest
Asia and on the Korean peninsula; and
(B) the Armed Forces are equipped, supplied, manned, and
trained at levels current as of such date.
(b) Limitation on Use of Funds Pending Submittal of Report.--Of the
funds authorized to be appropriated under section 301(a)(5) for the
Office of the Secretary of Defense and the Joint Chiefs of Staff, not
more than 75 percent of such funds may be expended until the report
required in subsection (a) is submitted.
SEC. 1024. REPORT ON INVENTORY AND CONTROL OF MILITARY EQUIPMENT.
(a) Report Required.--Not later than August 31, 2000, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the inventory and
control of the military equipment of the Department of Defense as of
the end of fiscal year 1999. The report shall address the inventories
of each of the Army, Navy, Air Force, and Marine Corps separately.
(b) Content.--The report shall include the following:
(1) For each item of military equipment in the inventory,
stated by item nomenclature--
(A) the quantity of the item in the inventory as of
the beginning of the fiscal year;
(B) the quantity of acquisitions of the item during
the fiscal year;
(C) the quantity of disposals of the item during
the fiscal year;
(D) the quantity of losses of the item during the
performance of military missions during the fiscal
year; and
(E) the quantity of the item in the inventory as of
the end of the fiscal year.
(2) A reconciliation of the quantity of each item in the
inventory as of the beginning of the fiscal year with the
quantity of the item in the inventory as of the end of fiscal
year.
(3) For each item of military equipment that cannot be
reconciled--
(A) an explanation of why the quantities cannot be
reconciled; and
(B) a discussion of the remedial actions planned to
be taken, including target dates for accomplishing the
remedial actions.
(4) Supporting schedules identifying the location of each
item that are available to Congress or auditors of the
Comptroller General upon request.
(c) Military Equipment Defined.--For the purposes of this section,
the term ``military equipment'' means all equipment that is used in
support of military missions and is maintained on the visibility
systems of the Army, Navy, Air Force, or Marine Corps.
(d) Inspector General Review.--Not later than November 30, 2000,
the Inspector General of the Department of Defense shall review the
report submitted to the committees under subsection (a) and shall
submit to the committees any comments that the Inspector General
considers appropriate.
SEC. 1025. SPACE TECHNOLOGY GUIDE.
(a) Requirement.--The Secretary of Defense shall develop a detailed
guide for investment in space science and technology, demonstrations of
space technology, and planning and development for space technology
systems. In the development of the guide, the goal shall be to identify
the technologies and technology demonstrations needed for the United
States to take full advantage of use of space for national security
purposes.
(b) Relationship to Future-Years Defense Program.--The space
technology guide shall include two alternative technology paths. One
shall be consistent with the applicable funding limitations associated
with the future-years defense program. The other shall reflect the
assumption that it is not constrained by funding limitations.
(c) Relationship to Activities Outside the Department of Defense.--
The Secretary shall include in the guide a discussion of the potential
for cooperative investment and technology development with other
departments and agencies of the United States and with private sector
entities.
(d) Utilization of Previous Studies and Reports.--The Secretary
shall take into consideration previously completed studies and reports
that may be relevant to the development of the guide, including the
United States Space Command's Long Range Plan of March 1998 and the Air
Force Space Command's Strategic Master Plan of December 1997.
(e) Report.--Not later than April 15, 2000, the Secretary shall
submit a report on the space technology guide to the congressional
defense committees.
SEC. 1026. REPORT AND REGULATIONS ON DEPARTMENT OF DEFENSE POLICIES ON
PROTECTING THE CONFIDENTIALITY OF COMMUNICATIONS WITH
PROFESSIONALS PROVIDING THERAPEUTIC OR RELATED SERVICES
REGARDING SEXUAL OR DOMESTIC ABUSE.
(a) Study and Report.--(1) The Comptroller General shall study the
policies, procedures, and practices of the military departments for
protecting the confidentiality of communications between--
(A) a dependent of a member of the Armed Forces who--
(i) is a victim of sexual harassment, sexual
assault, or intrafamily abuse; or
(ii) has engaged in such misconduct; and
(B) a therapist, counselor, advocate, or other professional
from whom the dependent seeks professional services in
connection with effects of such misconduct.
(2) Not later than 180 days after the date of the enactment of this
Act, the Comptroller General shall conclude the study and submit a
report on the results of the study to Congress and the Secretary of
Defense.
(b) Regulations.--The Secretary of Defense shall prescribe in
regulations the policies and procedures that the Secretary considers
appropriate to provide the maximum protections for the confidentiality
of communications described in subsection (a) relating to misconduct
described in that subsection, consistent with--
(1) the findings of the Comptroller General;
(2) the standards of confidentiality and ethical standards
issued by relevant professional organizations;
(3) applicable requirements of Federal and State law;
(4) the best interest of victims of sexual harassment,
sexual assault, or intrafamily abuse;
(5) military necessity; and
(6) such other factors as the Secretary, in consultation
with the Attorney General, may consider appropriate.
(c) Report by Secretary of Defense.--Not later than January 21,
2000, the Secretary of Defense shall submit to Congress a report on the
actions taken under subsection (b) and any other actions taken by the
Secretary to provide the maximum possible protections for
confidentiality described in that subsection.
SEC. 1027. COMPTROLLER GENERAL REPORT ON ANTICIPATED EFFECTS OF
PROPOSED CHANGES IN OPERATION OF STORAGE SITES FOR LETHAL
CHEMICAL AGENTS AND MUNITIONS.
(a) Report Required.--Not later than March 31, 2000, the
Comptroller General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the proposal in
the latest quadrennial defense review to reduce the Federal civilian
workforce involved in the operation of the eight storage sites for
lethal chemical agents and munitions in the continental United States
and to convert to contractor operation of the storage sites. The
workforce reductions addressed in the report shall include those that
are to be effectuated by fiscal year 2002.
(b) Content of Report.--The report shall include the following:
(1) For each site, a description of the assigned chemical
storage, chemical demilitarization, and industrial missions.
(2) A description of the criteria and reporting systems
applied to ensure that the storage sites and the workforce
operating the storage sites have--
(A) the capabilities necessary to respond
effectively to emergencies involving chemical
accidents; and
(B) the industrial capabilities necessary to meet
replenishment and surge requirements.
(3) The risks associated with the proposed workforce
reductions and contractor performance, particularly regarding
chemical accidents, incident response capabilities, community-
wide emergency preparedness programs, and current or planned
chemical demilitarization programs.
(4) The effects of the proposed workforce reductions and
contractor performance on the capability to satisfy permit
requirements regarding environmental protection that are
applicable to the performance of current and future chemical
demilitarization and industrial missions.
(5) The effects of the proposed workforce reductions and
contractor performance on the capability to perform assigned
industrial missions, particularly the materiel replenishment
missions for chemical or biological defense or for chemical
munitions.
(6) Recommendations for mitigating the risks and adverse
effects identified in the report.
SEC. 1028. REPORT ON DEPLOYMENTS OF RAPID ASSESSMENT AND INITIAL
DETECTION TEAMS ACROSS STATE BOUNDARIES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report on out-of-
State use of Rapid Assessment and Initial Detection Teams for responses
to incidents involving a weapon of mass destruction. The report shall
include a specific description and analysis of the procedures that have
been established or agreed to by States for the use in one State of a
team that is based in another State.
SEC. 1029. REPORT ON CONSEQUENCE MANAGEMENT PROGRAM INTEGRATION OFFICE
UNIT READINESS.
(a) Joint Readiness Review.--(1) The Secretary of Defense shall
include in the quarterly report submitted to Congress under section 482
of title 10, United States Code, for the first quarter beginning after
the date of the enactment of this Act an assessment of the readiness,
training status, and future funding requirements of all active and
reserve component units that are considered assets of the Consequence
Management Program Integration Office of the Department of Defense.
(2) The Secretary of Defense shall set forth the assessment in an
annex to the quarterly report. The Secretary shall include in the annex
a detailed description of how the active and reserve component units
are integrated with the Rapid Assessment and Initial Detection Teams in
the overall Consequence Management Program Integration Office of the
Department of Defense.
(b) Decontamination Readiness Plan.--The Secretary of Defense shall
prepare a decontamination readiness plan for the Consequence Management
Program Integration Office. The plan shall include the following:
(1) The actions necessary to ensure that the units
designated to carry out decontamination missions under the
program are at the highest level of readiness for carrying out
the missions.
(2) The funding necessary for attaining and maintaining
that level of readiness.
(3) Procedures for ensuring that each decontamination unit
is available to respond to an incident in the United States
that involves a weapon of mass destruction within 12 hours
after being notified of the incident by a Rapid Assessment and
Initial Detection Team.
SEC. 1030. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND BUDGET
SUBMISSION FOR FISCAL YEAR 2001.
(a) Requirement for Report.--The Secretary of Defense, in
coordination with the Chairman of the Joint Chiefs of Staff and the
Director of Central Intelligence, shall submit to the congressional
defense committees, on the date that the President submits the budget
for fiscal year 2001 to Congress under section 1105(a) of title 31,
United States Code, a report on the relationship between the budget
proposed for budget function 050 (National Defense) for that fiscal
year and the then-current and emerging threats to the national security
interests of the United States identified in the annual national
security strategy report required under section 108 of the National
Security Act of 1947 (50 U.S.C. 404a).
(b) Content.--The report shall contain the following:
(1) A detailed description of the threats referred to in
subsection (a);
(2) An analysis of such threats in terms of the probability
that an attack or other threat event will actually occur, the
military challenge posed by the threats, and the potential
damage that the threats could have to the national security
interests of the United States.
(3) An analysis of the allocation of funds in the fiscal
year 2001 budget and the future-years defense program that
addresses the threats in each category.
(4) A justification for each major defense acquisition
program (as defined in section 2430 of title 10, United States
Code) that is provided for in the budget in light of the
description and analyses set forth in the report.
(c) Form of Report.--The report shall be submitted in unclassified
form, but may also be submitted in classified form if necessary.
SEC. 1031. REPORT ON NATO'S DEFENSE CAPABILITIES INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) At the Washington Summit meeting of the North Atlantic
Council in April 1999, NATO Heads of State and Governments
launched a Defense Capabilities Initiative.
(2) The Defense Capabilities Initiative is designed to
improve the defense capabilities of the individual nations of
the NATO Alliance to ensure the effectiveness of future
operations across the full spectrum of Alliance missions in the
present and foreseeable security environment.
(3) Under the Defense Capabilities Initiative, special
focus will be given to improving interoperability among
Alliance forces and to increasing defense capabilities through
improvements in the deployability and mobility of Alliance
forces, the sustainability and logistics of the forces, the
survivability and effective engagement capability of the
forces, and command and control and information systems.
(4) The successful implementation of the Defense
Capabilities Initiative will serve to enable all NATO allies to
make a more equitable contribution to the full spectrum of
Alliance missions, thereby increasing burdensharing within the
Alliance and enhancing the ability of European allies to
undertake operations pursuant to the European Security and
Defense Identity within the Alliance.
(b) Annual Report.--(1) Not later than January 31 of each year, the
Secretary of Defense, in consultation with the Secretary of State,
shall submit to the Committees on Armed Services and Foreign Relations
of the Senate and the Committees on Armed Services and International
Relations of the House of Representatives a report on implementation of
the Defense Capabilities Initiative by the nations of the NATO
Alliance. The report shall include the following:
(A) A discussion of the work of the temporary High-Level
Steering Group, or any successor group, established to oversee
the implementation of the Defense Capabilities Initiative and
to meet the requirement of coordination and harmonization among
relevant planning disciplines.
(B) A description of the actions taken, including
implementation of the Multinational Logistics Center concept
and development of the C3 system architecture, by the Alliance
as a whole to further the Defense Capabilities Initiative.
(C) A description of the actions taken by each of our NATO
allies to improve the capabilities of their forces in each of
the following areas:
(i) Interoperability with other Alliance forces.
(ii) Deployability and mobility.
(iii) Sustainability and logistics.
(iv) Survivability and effective engagement
capability.
(v) Command and control and information systems.
(4) The report shall be submitted in unclassified form, but may
also be submitted in classified form if necessary.
SEC. 1032. REVIEW OF INCIDENCE OF STATE MOTOR VEHICLE VIOLATIONS BY
ARMY PERSONNEL.
(a) Review and Report Required.--The Secretary of the Army shall
review the incidence of violations of State and local motor vehicle
laws applicable to the operation and parking of Army motor vehicles by
Army personnel during fiscal year 1999, and, not later than March 31,
2000, submit a report on the results of the review to Congress.
(b) Content of Report.--The report under subsection (a) shall
include the following:
(1) A quantitative description of the extent of the
violations described in subsection (a).
(2) An estimate of the total amount of the fines that are
associated with citations issued for the violations.
(3) Any recommendations that the Inspector General
considers appropriate to curtail the incidence of the
violations.
SEC. 1033. REPORT ON USE OF NATIONAL GUARD FACILITIES AND
INFRASTRUCTURE FOR SUPPORT OF PROVISION OF VETERANS
SERVICES.
(a) Report.--(1) The Chief of the National Guard Bureau shall, in
consultation with the Secretary of Veterans Affairs, submit to the
Secretary of Defense a report assessing the feasibility and
desirability of using the facilities and electronic infrastructure of
the National Guard for support of the provision of services to veterans
by the Secretary. The report shall include an assessment of any costs
and benefits associated with the use of such facilities and
infrastructure for such support.
(2) The Secretary of Defense shall transmit to Congress the report
submitted under paragraph (1), together with any comments on the report
that the Secretary considers appropriate.
(b) Transmittal Date.--The report shall be transmitted under
subsection (a)(2) not later than April 1, 2000.
SEC. 1034. REPORT ON MILITARY-TO-MILITARY CONTACTS WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Report.--The Secretary of Defense shall submit to Congress a
report on military-to-military contacts between the United States and
the People's Republic of China.
(b) Report Elements.--The report shall include the following:
(1) A list of the general and flag grade officers of the
People's Liberation Army who have visited United States
military installations since January 1, 1993.
(2) The itinerary of the visits referred to in paragraph
(2), including the installations visited, the duration of the
visits, and the activities conducted during the visits.
(3) The involvement, if any, of the general and flag
officers referred to in paragraph (2) in the Tiananmen Square
massacre of June 1989.
(4) A list of facilities in the People's Republic of China
that United States military officers have visited as a result
of any military-to-military contact program between the United
States and the People's Republic of China since January 1,
1993.
(5) A list of facilities in the People's Republic of China
that have been the subject of a requested visit by the
Department of Defense which has been denied by People's
Republic of China authorities.
(6) A list of facilities in the United States that have
been the subject of a requested visit by the People's
Liberation Army which has been denied by the United States.
(7) Any official documentation, such as memoranda for the
record, after-action reports and final itineraries, and all
receipts for expenses over $1,000, concerning military-to-
military contacts or exchanges between the United States and
the People's Republic of China in 1999.
(8) An assessment regarding whether or not any People's
Republic of China military officials have been shown classified
material as a result of military-to-military contacts or
exchanges between the United States and the People's Republic
of China.
(9) The report shall be submitted no later than March 31,
2000, and shall be unclassified but may contain a classified
annex.
Subtitle D--Other Matters
SEC. 1041. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) One-Year Extension.--Subsection (g) of section 1302 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1948), as amended by section 1501 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2171), is further amended by striking
``and 1999'' and inserting ``through 2000''.
(b) Minimum Levels for Certain Systems.--Subsection (a) of such
section is amended--
(1) in paragraph (1), by striking ``71'' and inserting
``76''; and
(2) in paragraph (2), by striking ``18'' and inserting
``14''.
SEC. 1042. LIMITATION ON REDUCTION IN UNITED STATES STRATEGIC NUCLEAR
FORCES.
(a) Limitation on Reduction of United States Strategic Nuclear
Forces.--None of the funds authorized to be appropriated by this or any
other Act for fiscal year 2000 may be used to reduce the number of
United States strategic nuclear forces below the maximum number of
those forces, for each category of nuclear arms, permitted the United
States under the START II Treaty unless the President submits to
Congress a report containing an assessment indicating that such
reductions would not impede the capability of the United States to
respond militarily to any militarily significant increase in the
challenge to United States security or strategic stability posed by
nuclear weapon modernization programs of the People's Republic of China
or any other nation.
(b) Rule of Construction.--Nothing in this section may be construed
to authorize the retirement or dismantlement, or the preparation for
retirement or dismantlement, of any strategic nuclear delivery system
described in section 1302 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) below the level specified for the
system in that section, as amended by section 1041.
(c) Definitions.--In this section:
(1) START II treaty defined.--The term ``START II Treaty''
means the Treaty Between the United States of America and the
Russian Federation on Further Reduction and Limitation of
Strategic Offensive Arms, and related protocols and memorandum
of understanding, signed at Moscow on January 3, 1993.
(2) United states strategic nuclear forces.--The term
``United States strategic nuclear forces'' includes
intercontinental ballistic missiles (ICBMs) and ICBM launchers,
submarine-launched ballistic missiles (SLBMs) and SLBM
launchers, heavy bombers, ICBM warheads, SLBM warheads, and
heavy bomber nuclear armaments.
SEC. 1043. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Extension of Committee.--Section 1605(f) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 22
U.S.C. 2751 note) is amended by striking ``September 30, 2000'' and
inserting ``September 30, 2004''.
(b) Executive Secretary of the Committee.--Paragraph (5) of section
1605(a) of the National Defense Authorization Act for Fiscal Year 1994
(22 U.S.C. 2751 note) is amended to read as follows:
``(5) The Assistant Secretary of Defense for Strategy and Threat
Reduction shall serve as executive secretary to the committee.''.
(c) Earlier Deadline for Annual Report on Counterproliferation
Activities and Programs.--Section 1503(a) of the National Defense
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended
by striking ``May 1 of each year'' and inserting ``February 1 of each
year''.
SEC. 1044. LIMITATION REGARDING COOPERATIVE THREAT REDUCTION PROGRAMS.
Funds authorized to be appropriated under this Act may not be
obligated or expended for assistance for a country under any
Cooperative Threat Reduction program specified under section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 50 U.S.C. 2362 note) until the President certifies to Congress
that the government of that country is committed to--
(1) complying with all relevant arms control agreements;
(2) facilitating United States verification of weapons
destruction;
(3) forgoing any use of fissionable and other components of
destroyed nuclear weapons in new nuclear weapons;
(4) forgoing the replacement of destroyed weapons of mass
destruction; and
(5) forgoing any military modernization program that
exceeds legitimate defense requirements.
SEC. 1045. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR UNITED
STATES ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
Section 1206(a)(2) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106, 110 Stat. 471; 22 U.S.C. 5955
note) is amended to read as follows:
``(2) The report shall be submitted under this section not later
than January 31 of each year and shall cover the fiscal year ending in
the preceding year. No report is required under this section after the
completion of the Cooperative Threat Reduction programs.''.
SEC. 1046. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2000.--The
total amount of the assistance for fiscal year 2000 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f)
of section 1505 of the Weapons of Mass Destruction Control Act of 1992
(22 U.S.C. 5859a) is amended by striking ``1999'' and inserting
``2000''.
SEC. 1047. INFORMATION ASSURANCE INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) The United States is becoming increasingly dependent
upon information systems for national security, economic
security, and a broad range of other vital national interests.
(2) Presidential Decision Directive 63, dated May 22, 1998,
recognizes the importance of information assurance and sets
forth policy and organizational recommendations for addressing
the information assurance challenges.
(3) The Department of Defense has undertaken significant
steps to address threats to the Defense Information
Infrastructure, including the establishment of a Defense
Information Assurance Program.
(4) Notwithstanding those actions and other important
actions taken by the President and the Secretary of Defense to
address the challenges of information assurance, the Department
of Defense, other Federal departments and agencies, and a broad
range of private sector entities continue to face new
challenges and threats to their information systems.
(5) Although the Secretary of Defense can and should play
an important role in helping address a broad range of
information warfare threats to the United States, the Secretary
necessarily focuses primarily on addressing the vulnerabilities
of the information systems and other infrastructures, within
and outside of the Department of Defense, on which the
Department of Defense depends for the conduct of daily
operations and the conduct of operations in crises.
(6) It is important for the Secretary of Defense to work
closely with the heads of all departments and agencies of the
Federal Government concerned to identify areas in which the
Department of Defense can contribute to securing critical
national infrastructures beyond the areas under the direct
oversight and control of the Secretary of Defense.
(b) Defense Information Assurance Program.--(1) The Secretary of
Defense shall carry out an information assurance program.
(2) The Secretary shall submit to Congress an annual report on the
program. The annual report shall include the Department of Defense
information assurance guide applicable under subsection (c) as of the
date of the report. The first report shall be submitted not later than
March 15, 1999.
(c) Defense Information Assurance Guide.--(1) The Secretary of
Defense shall prepare a Department of Defense information assurance
guide for the development of appropriate organizational structures and
technologies for information assurance under the program. The Secretary
shall modify or replace the guide from time to time to maintain the
current relevance of the guide.
(2) The Department of Defense information assurance guide shall
include the following:
(A) A plan for developing information assurance
technologies, including the criteria used to prioritize
research, development, and procurement investments in such
technologies.
(B) A plan for organizing the Department of Defense to
defend against information warfare threats, including the
organizational changes that are planned or being considered
together with a recitation of the organizational changes that
have been implemented.
(C) A plan for joint efforts by the Department of Defense
with other departments and agencies of the Federal Government
and with State and local organizations to strengthen the
security of the information systems and infrastructures in the
United States, with particular emphasis on the systems and
elements of the infrastructure on which the Department of
Defense depends for the conduct of daily operations and the
conduct of operations in crises.
(D) An assessment of the threats to information systems and
infrastructures on which the Department of Defense depends for
the conduct of daily operations and the conduct of operations
in crises, including an assessment of technical or other
vulnerabilities in Defense Department information and
communications systems.
(E) A plan for conducting exercises, war games,
simulations, experiments, and other activities designed to
prepare the Department of Defense to respond to information
warfare threats.
(F) Any proposal for legislation that the Secretary
considers necessary for implementing the Defense information
assurance program or for otherwise responding to information
warfare threats.
(G) Any other information that the Secretary determines
relevant.
(d) Information Assurance Testbed.--(1) The Secretary of Defense
shall develop an information assurance testbed. In developing the
testbed, the Secretary shall consult with the heads of the other
departments and agencies of the Federal Government that the Secretary
determines as being concerned with defense information assurance.
(2) The information assurance testbed shall be organized to provide
the following:
(A) An integrated organizational structure within the
Department of Defense to plan and facilitate the conduct of
simulations, wargames, exercises, experiments, and other
activities designed to prepare and inform the Department of
Defense regarding information warfare threats.
(B) Organizational and planning means for the conduct by
the Department of Defense of integrated or joint exercises and
experiments with the commercial organizations and other non-
Department of Defense organizations that are responsible for
the oversight and management of critical information systems
and infrastructures on which the Department of Defense depends
for the conduct of daily operations and the conduct of
operations in crises.
(e) Funding.--(1) Of the amounts authorized to be appropriated
under section 104--
(A) $10,000,000 is available for procurement by the Defense
Information Systems Agency of secure terminal equipment for use
by the Armed Forces and Defense Agencies; and
(B) $10,000,000 is available for development and
procurement of tools for real-time computer intrusion
detection, analysis, and warning.
(2) Of the amounts authorized to be appropriated under section
201(4)--
(A) $5,000,000 in program element 65710D8 is available for
establishing and operating the information assurance testbed
established pursuant to subsection (d); and
(B) $85,000,000 in program element 33140G is available
for--
(i) secure wireless communications;
(ii) public key infrastructure;
(iii) tool development by the Information
Operations Technology Center;
(iv) critical infrastructure modeling; and
(v) software security research.
(3) Of the amounts authorized to be appropriated under section
301(a)(5), $10,000,000 is available for training, education, and
retention of information technology professionals of the Department of
Defense.
SEC. 1048. DEFENSE SCIENCE BOARD TASK FORCE ON TELEVISION AND RADIO AS
A PROPAGANDA INSTRUMENT IN TIME OF MILITARY CONFLICT.
(a) Defense Science Board Task Force on Radio and Television as a
Propaganda Instrument in Time of Conflict.--The Secretary of Defense
shall establish a task force of the Defense Science Board to examine
the use of radio and television broadcasting as a propaganda instrument
and the adequacy of the capabilities of the United States Armed Forces
in this area to deal with situations such as the conflict in the
Federal Republic of Yugoslavia.
(b) Duties of the Task Force.--The task force shall assess and
develop recommendations as to the appropriate capabilities, if any,
that the United States Armed Forces should have to broadcast radio and
television into an area so as to ensure that the general public in that
area are exposed to the facts of the conflict. In making the assessment
and developing the recommendations, the task force shall review the
following:
(1) The capabilities of the United States Armed Forces to
develop programming and to broadcast factual information that
can reach a large segment of the general public in a country
like the Federal Republic of Yugoslavia.
(2) The potential of various airborne or land-based
mechanisms to have capabilities described in paragraph (1),
including but not limited to desirable improvements to the EC-
130 Commando Solo aircraft, and the utilization of other
airborne platforms, unmanned aerial vehicles, and land-based
transmitters in conjunction with satellites.
(3) Other issues relating to the use of television and
radio as a propaganda instrument in time of conflict.
(c) Report.--The task force shall submit to the Secretary of
Defense a report containing its assessments and recommendations not
later than February 1, 2000. The Secretary shall submit the report,
together with the comments and recommendations of the Secretary of
Defense, to the congressional defense committees not later than March
1, 2000.
(d) Federal Republic of Yugoslavia Defined.--In this section, the
term ``Federal Republic of Yugoslavia'' means the Federal Republic of
Yugoslavia (Serbia and Montenegro).
SEC. 1049. PREVENTION OF INTERFERENCE WITH DEPARTMENT OF DEFENSE USE OF
FREQUENCY SPECTRUM.
(a) Compatibility With Defense Systems.--A non-Department of
Defense entity operating a communication system, device, or apparatus
on any portion of the frequency spectrum used by the Department of
Defense, whether or not licensed to do so, shall ensure that the
system, device, or apparatus is designed not to interfere with and not
to receive interference from the communication systems that are
operated by or for the Department of Defense on that portion of the
frequency spectrum as of the date of the enactment of this Act. The
preceding sentence does not apply to the operation, by a non-Department
of Defense entity, of a communication system, device, or apparatus on
any portion of the frequency spectrum that is reserved for exclusively
nongovernment use.
(b) Costs of Redesign or Rebuilding of Military Systems.--If it is
necessary for the Department of Defense to redesign or rebuild a
communication system used by the department because of a violation of
subsection (a) by a non-Department of Defense entity, that entity shall
be liable to the United States for the costs incurred by the United
States for the redesign or rebuilding of the Department of Defense
system or, if the entity is a department or agency of the United
States, shall transfer to the Department of Defense funds in the amount
of such costs.
(c) Effective Date.--This section applies with respect to operation
of a communication system, device, or apparatus fielded on or after
October 1, 1999.
(d) Nonapplicability.--This section does not apply to any upgrades,
modifications, or system redesign to a Department of Defense
communication system made after the date of enactment of this Act where
that modification, upgrade or redesign would result in interference
with or receiving interference from a non-Department of Defense system.
SEC. 1050. OFF-SHORE ENTITIES INTERFERING WITH DEPARTMENT OF DEFENSE
USE OF THE FREQUENCY SPECTRUM.
(a) Limitation on Use of Funds.--Funds authorized to be
appropriated or otherwise made available by this or any other Act may
not be obligated to enter into any contract with, make any payment to,
or issue any broadcast or other license or permit to any entity that
broadcasts from outside the United States into the United States on any
frequency that, as of the date of the enactment of this Act, is
reserved to or used by the Department of Defense, unless the
broadcasting is authorized under law.
(b) Savings Provision.--The provisions of subsection (a) shall not
be construed to interfere with the enforcement authority of the Federal
Communications Commission under the Communications Act of 1934 or any
other law.
SEC. 1051. REPEAL OF LIMITATION ON AMOUNT OF FEDERAL EXPENDITURES FOR
THE NATIONAL GUARD CHALLENGE PROGRAM.
Section 509(b) of title 32, United States Code, is amended by
striking ``, except that Federal expenditures under the program may not
exceed $50,000,000 for any fiscal year''.
SEC. 1052. NONDISCLOSURE OF INFORMATION ON PERSONNEL OF OVERSEAS,
SENSITIVE, OR ROUTINELY DEPLOYABLE UNITS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130a the following:
``Sec. 130b. Nondisclosure of information: personnel in overseas,
sensitive, or routinely deployable units
``(a) Exemption From Disclosure.--Notwithstanding any other
provision of law, the Secretary of Defense and, with respect to the
Coast Guard when it is not operating as a service in the Navy, the
Secretary of Transportation may authorize to be withheld from
disclosure to the public the name, rank, duty address, official title,
and information regarding the pay of--
``(1) members of the armed forces assigned to overseas,
sensitive, or routinely deployable units; and
``(2) employees of the Department of Defense or of the
Coast Guard whose duty stations are with overseas, sensitive,
or routinely deployable units.
``(b) Exceptions.--(1) The authority in subsection (a) is subject
to such exceptions as the President may direct.
``(2) Subsection (a) does not authorize any official to withhold,
or to authorize the withholding of, information from Congress.
``(c) Definitions.--In this section:
``(1) The term `unit' means a military organization of the
armed forces designated as a unit by competent authority.
``(2) The term `overseas unit' means a unit that is located
outside the continental United States and its territories.
``(3) The term `sensitive unit' means a unit that is
primarily involved in training for the conduct of, or
conducting, special activities or classified missions,
including the following:
``(A) A unit involved in collecting, handling,
disposing, or storing of classified information and
materials.
``(B) A unit engaged in training--
``(i) special operations units;
``(ii) security group commands weapons
stations; or
``(iii) communications stations.
``(C) Any other unit that is designated as a
sensitive unit by the Secretary of Defense or, in the
case of the Coast Guard when it is not operating as a
service in the Navy, by the Secretary of
Transportation.
``(4) The term `routinely deployable unit'--
``(A) means a unit that normally deploys from its
permanent home station on a periodic or rotating basis
to meet peacetime operational requirements that, or to
participate in scheduled training exercises that,
routinely require deployments outside the United States
and its territories; and
``(B) includes a unit that is alerted for
deployment outside the United States and its
territories during an actual execution of a contingency
plan or in support of a crisis operation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``130b. Nondisclosure of information: personnel in overseas, sensitive,
or routinely deployable units.''.
SEC. 1053. NONDISCLOSURE OF OPERATIONAL FILES OF THE NATIONAL IMAGERY
AND MAPPING AGENCY.
(a) Authority To Withhold.--Subchapter II of chapter 22 of title
10, United States Code, as amended by section 1005, is further amended
by adding at the end the following:
``Sec. 458. Withholding of operational files from public disclosure
``(a) Authority.--The Secretary of Defense may withhold from public
disclosure operational files described in subsection (b) to the same
extent that operational files may be withheld under section 701 of the
National Security Act of 1947 (50 U.S.C. 431).
``(b) Covered Operational Files.--The authority under subsection
(a) applies to operational files in the possession of the National
Imagery and Mapping Agency that--
``(1) as of September 22, 1996, were maintained by the
National Photographic Interpretation Center; or
``(2) concern the activities of the Agency that, as of such
date, were performed by the National Photographic
Interpretation Center.
``(c) Operational Files Defined.--In this section, the term
`operational files' has the meaning given the term in section 701(b) of
the National Security Act of 1947 (50 U.S.C. 431(b)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter, as amended by section 1005, is further amended by
adding at the end the following:
``458. Withholding of operational files from public disclosure.''.
SEC. 1054. NONDISCLOSURE OF INFORMATION OF THE NATIONAL IMAGERY AND
MAPPING AGENCY HAVING COMMERCIAL SIGNIFICANCE.
(a) Authority To Withhold.--Subchapter II of chapter 22 of title
10, United States Code, as amended by section 1053, is further amended
by adding at the end the following:
``Sec. 459. Withholding of certain commercially significant information
from public disclosure
``(a) Authority.--The Secretary of Defense may withhold from public
disclosure information in the possession of the National Imagery and
Mapping Agency if the Secretary determines in writing that--
``(1) public disclosure of the information would compete
with or otherwise adversely affect commercial operations in any
existing or emerging commercial industry or the operation of
any existing or emerging commercial market; and
``(2) withholding the information from public disclosure is
consistent with the national security interests of the United
States.
``(b) Relationship to DCI Authority.--(1) Nothing in this section
shall be construed as superseding, limiting, or otherwise affecting the
authority and responsibilities of the Director of Central Intelligence
to withhold or require the withholding of imagery and imagery
intelligence from public disclosure under the National Security Act of
1947 (50 U.S.C. 401 et seq.), Executive Order No. 12951 or any
successor Executive order, or directives of the President.
``(2) In the administration of the authority under subsection (a)
with respect to imagery and imagery intelligence, the Secretary of
Defense shall be subject to the policies and directives prescribed by
the Director of Central Intelligence for the public disclosure of such
information.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter, as amended by section 1053, is further amended by
adding at the end the following:
``459. Withholding of certain commercially significant information from
public disclosure.''.
SEC. 1055. CONTINUED ENROLLMENT OF DEPENDENTS IN DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AFTER
LOSS OF ELIGIBILITY.
Section 2164(c)(3) of title 10, United States Code, is amended to
read as follows:
``(3) The Secretary may, for good cause, authorize a dependent of a
member of the armed forces or of a Federal employee to continue
enrollment in a program under this subsection notwithstanding a change
in the status of the member or employee that, except for this
paragraph, would otherwise terminate the eligibility of the dependent
to be enrolled in the program. The enrollment may continue for as long
as the Secretary considers appropriate. The Secretary may remove the
dependent from the program at any time that the Secretary determines
that there is good cause for the removal.''.
SEC. 1056. UNIFIED SCHOOL BOARDS FOR ALL DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOLS IN THE COMMONWEALTH OF PUERTO RICO AND
GUAM.
Section 2164(d)(1) of title 10, United States Code, is amended by
adding at the end the following: ``The Secretary may provide for the
establishment of one school board for all such schools in the
Commonwealth of Puerto Rico and one school board for all such schools
in Guam instead of one school board for each military installation in
those locations.''.
SEC. 1057. DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) Program Authority.--Chapter 111 of title 10, United States
Code, is amended by inserting after section 2193 the following:
``Sec. 2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in science,
mathematics, and technology
``(a) Authority for Program.--The Secretary of Defense may conduct
a science, mathematics, and technology education improvement program
known as the `Department of Defense STARBASE Program'. The Secretary
shall carry out the program through the secretaries of the military
departments.
``(b) Purpose.--The purpose of the program is to improve knowledge
and skills of students in kindergarten through twelfth grade in
mathematics, science, and technology.
``(c) STARBASE Academies.--(1) The Secretary shall provide for the
establishment of at least 25 academies under the program.
``(2) An academy established under the program shall provide the
following:
``(A) For each elementary and secondary grade level, the
presentation of a curricula of 20 hours of instruction in
science, mathematics, and technology.
``(B) Outreach programs for the support of elementary and
secondary level instruction in science, mathematics, and
technology at other locations.
``(3) The Secretary may support the establishment and operation of
any academy in excess of two academies in a State only if the Secretary
has first authorized in writing the establishment of the academy and
the costs of the establishment and operation of the academy are paid
out of funds provided by sources other than the Department of Defense.
Any such costs that are paid out of appropriated funds shall be
considered as paid out of funds provided by such other sources if such
sources fully reimburse the United States for the costs.
``(d) Authorized Support.--The following support may be provided
for activities under the program:
``(1) Administrative and instructional personnel.
``(2) Facilities.
``(3) Instructional materials, including textbooks.
``(4) Equipment.
``(5) To the extent considered appropriate by the Secretary
of the military department concerned, any additional resources
(including transportation and billeting) that may be available.
``(e) Persons Eligible To Participate in Program.--The Secretary of
Defense shall prescribe the standards and procedures for selecting
persons to participate in the program.
``(f) Program Personnel.--(1) The Secretary of the military
department concerned may--
``(1) authorize members of the armed forces to provide
command, administrative, training, or supporting services for
the program on a full-time basis; and
``(2) employ or procure by contract civilian personnel to
provide such services.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations governing the conduct of the program.
``(g) Funding.--(1) The Secretary shall ensure that each academy
meeting at least the minimum operating standards established for
academies under the program is funded at a level of at least $200,000
for each fiscal year.
``(2) The Secretary of Defense and the Secretaries of the military
departments may accept financial and other support for the program from
other departments and agencies of the Federal Government, State
governments, local governments, and not-for-profit and other
organizations in the private sector.
``(h) Annual Report.--Within 90 days after the end of each fiscal
year, the Secretary of Defense shall submit a report on the program to
Congress. The report shall contain a discussion of the design and
conduct of the program and an evaluation of the effectiveness of the
program.
``(i) State Defined.--In this section, the term `State' includes
the District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, and Guam.''.
(b) Existing STARBASE Academies.--While continuing in operation,
the academies existing on the date of the enactment of this Act under
the Department of Defense STARBASE Program, as such program is in
effect on such date, shall be counted for the purpose of meeting the
requirement under section 2193b(c)(1) of title 10, United States Code
(as added by subsection (a)), relating to the minimum number of
STARBASE academies.
(c) Reorganization of Chapter.--Chapter 111 of title 10, United
States Code, as amended by subsection (a), is further amended--
(1) by inserting after section 2193 and before the section
2193b added by subsection (a) the following:
``Sec. 2193a. Improvement of education in technical fields: general
authority for support of elementary and secondary
education in science and mathematics'';
(2) by transferring subsection (b) of section 2193 to
section 2193a (as added by paragraph (1)), inserting such
subsection after the heading for section 2193a, and striking
out ``(b)''; and
(3) by redesignating subsection (c) of section 2193 as
subsection (b).
(d) Clerical Amendments.--(1) The heading for section 2192 of such
title is amended to read as follows:
``Sec. 2192. Improvement of education in technical fields: general
authority regarding education in science, mathematics,
and engineering''.
(2) The heading for section 2193 is amended to read as follows:
``Sec. 2193. Improvement of education in technical fields: grants for
higher education in science and mathematics''.
(3) The table of sections at the beginning of such chapter is
amended by striking the items relating to sections 2192 and 2193 and
inserting the following:
``2192. Improvement of education in technical fields: general authority
regarding education in science,
mathematics, and engineering.
``2193. Improvement of education in technical fields: grants for higher
education in science and mathematics.
``2193a. Improvement of education in technical fields: general
authority for support of elementary and
secondary education in science and
mathematics.
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary
education in science, mathematics, and
technology.''.
SEC. 1058. PROGRAM TO COMMEMORATE THE 50TH ANNIVERSARY OF THE KOREAN
WAR.
(a) Period of Program.--Section 1083(a) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1918; 10 U.S.C. 113 note) is amended by striking ``The Secretary of
Defense'' and inserting ``During fiscal years 2000 through 2004, the
Secretary of Defense''.
(b) Change of Name.--(1) Section 1083(c) of such Act is amended by
striking ```The Department of Defense Korean War Commemoration''' and
inserting in lieu thereof ```The United States of America Korean War
Commemoration'''.
(2) The amendment made by paragraph (1) may not be construed to
supersede rights that are established or vested before the date of the
enactment of this Act.
(c) Funding.--Section 1083(f) of such Act is amended to read as
follows:
``(f) Use of Funds.--(1) Funds appropriated for the Army for fiscal
years 2000 through 2004 for operation and maintenance shall be
available for the program authorized under subsection (a).
``(2) The total amount expended by the Department of Defense
through the Department of Defense 50th Anniversary of the Korean War
Commemoration Committee, an entity within the Department of the Army,
to carry out the program authorized under subsection (a) for fiscal
years 2000 through 2004 may not exceed $7,000,000.
``(3) The limitation in paragraph (2) shall not apply to
expenditures by a unit of the Armed Forces or a similar organization to
commemorate the Korean War from funds available to the unit or similar
organization for that purpose.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 1059. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF
1950.
(a) Extension of Termination Date.--Section 717(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking
``September 30, 1999'' and inserting ``September 30, 2000''.
(b) Extension of Authorization.--Section 711(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking
``the fiscal years 1996, 1997, 1998, and 1999'' and inserting ``fiscal
years 1996 through 2000''.
SEC. 1060. EXTENSION TO NAVAL AIRCRAFT OF COAST GUARD AUTHORITY FOR
DRUG INTERDICTION ACTIVITIES.
Section 637(c) of title 14, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) it is a naval aircraft on which one or more members
of the Coast Guard are assigned.''.
SEC. 1061. REGARDING THE NEED FOR VIGOROUS PROSECUTION OF WAR CRIMES,
GENOCIDE, AND CRIMES AGAINST HUMANITY IN THE FORMER
REPUBLIC OF YUGOSLAVIA.
(a) The Senate finds that--
(1) the United Nations Security Council created the
International Criminal Tribunal for the former Yugoslavia (in
this section referred to as the ``ICTY'') by resolution on May
25, 1993;
(2) although the ICTY has indicted 84 people since its
creation, these indictments have only resulted in the trial and
conviction of 8 criminals;
(3) the ICTY has jurisdiction to investigate: Grave
breaches of the 1949 Geneva Conventions (Article 2); violations
of the laws or customs of war (Article 3); genocide (Article
4); and crimes against humanity (Article 5);
(4) the Chief Prosecutor of the ICTY, Justice Louise
Arbour, stated on July 7, 1998, to the Contact Group for the
former Yugoslavia that ``[t]he Prosecutor believes that the
nature and scale of the fighting indicate that an `armed
conflict', within the meaning of international law, exists in
Kosovo. As a consequence, she intends to bring charges for
crimes against humanity or war crimes, if evidence of such
crimes is established'';
(5) reports from Kosovar Alabanian refugees provide
detailed accounts of systematic efforts to displace the entire
Muslim population of Kosovo;
(6) in furtherance of this plan, Serbian troops, police,
and paramilitary forces have engaged in detention and summary
execution of men of all ages, wanton destruction of civilian
housing, forcible expulsions, mass executions in at least 60
villages and towns, as well as widespread organized rape of
women and young girls;
(7) these reports of atrocities provide prima facie
evidence of war crimes, crimes against humanity, as well as
genocide;
(8) any criminal investigation is best served by the
depositions and interviews of witnesses as soon after the
commission of the crime as possible;
(9) the indictment, arrest, and trial of war criminals
would provide a significant deterrent to further atrocities;
(10) the ICTY has issued 14 international warrants for war
crimes suspects that have yet to be served, despite knowledge
of the suspects' whereabouts;
(11) vigorous prosecution of war crimes after the conflict
in Bosnia may have prevented the ongoing atrocities in Kosovo;
and
(12) investigative reporters have identified specific
documentary evidence implicating the Serbian leadership in the
commission of war crimes.
(b) It is the sense of Congress that--
(1) the United States, in coordination with other United
Nations contributors, should provide sufficient resources for
an expeditious and thorough investigation of allegations of the
atrocities and war crimes committed in Kosovo;
(2) the United States, through its intelligence services,
should provide all possible cooperation in the gathering of
evidence of sufficient specificity and credibility to secure
the indictment of those responsible for the commission of war
crimes, crimes against humanity, and genocide in the former
Yugoslavia;
(3) where evidence warrants, indictments for war crimes,
crimes against humanity, and genocide should be issued against
suspects regardless of their position within the Serbian
leadership;
(4) the United States and all nations have an obligation to
honor arrest warrants issued by the ICTY, and the United States
should use all appropriate means to apprehend war criminals
already under indictment; and
(5) NATO should not accept any diplomatic resolution to the
conflict in Kosovo that would bar the indictment, apprehension,
or prosecution of war criminals for crimes committed during
operations in Kosovo.
SEC. 1062. EXPANSION OF LIST OF DISEASES PRESUMED TO BE SERVICE-
CONNECTED FOR RADIATION-EXPOSED VETERANS.
Section 1112(c)(2) of title 38, United States Code, is amended by
adding at the end the following:
``(P) Lung cancer.
``(Q) Colon cancer.
``(R) Tumors of the brain and central nervous system.''.
SEC. 1063. LEGAL EFFECT OF THE NEW STRATEGIC CONCEPT OF NATO.
(a) Certification Required.--Not later than 30 days after the date
of enactment of this Act, the President shall determine and certify to
the Senate whether or not the new Strategic Concept of NATO imposes any
new commitment or obligation on the United States.
(b) Sense of the Senate.--It is the sense of the Senate that, if
the President certifies under subsection (a) that the new Strategic
Concept of NATO imposes any new commitment or obligation on the United
States, the President should submit the new Strategic Concept of NATO
to the Senate as a treaty for the Senate's advice and consent to
ratification under Article II, Section 2, Clause 2 of the Constitution
of the United States.
(c) Report.--Together with the certification made under subsection
(a), the President shall submit to the Senate a report containing an
analysis of the potential threats facing NATO in the first decade of
the next millennium, with particular reference to those threats facing
a member nation, or several member nations, where the commitment of
NATO forces will be ``out of area'' or beyond the borders of NATO
member nations.
(d) Definition.--For the purposes of this section, the term ``new
Strategic Concept of NATO'' means the document approved by the Heads of
State and Government participating in the meeting of the North Atlantic
Council in Washington, DC, on April 23 and 24, 1999.
SEC. 1064. MULTINATIONAL ECONOMIC EMBARGOES AGAINST GOVERNMENTS IN
ARMED CONFLICT WITH THE UNITED STATES.
(a) Policy on the Establishment of Embargoes.--
(1) In general.--It is the policy of the United States,
that upon the use of the Armed Forces of the United States to
engage in hostilities against any foreign country, the
President shall as appropriate--
(A) seek the establishment of a multinational
economic embargo against such country; and
(B) seek the seizure of its foreign financial
assets.
(b) Reports.--Not later than 20 days, or earlier than 14 days,
after the first day of the engagement of the United States in any armed
conflict described in subsection (a), the President shall, if the armed
conflict continues, submit a report to Congress setting forth--
(1) the specific steps the United States has taken and will
continue to take to institute the embargo and financial asset
seizures pursuant to subsection (a); and
(2) any foreign sources of trade of revenue that directly
or indirectly support the ability of the adversarial government
to sustain a military conflict against the Armed Forces of the
United States.
SEC. 1065. CONDITIONS FOR LENDING OBSOLETE OR CONDEMNED RIFLES FOR
FUNERAL CEREMONIES.
Section 4683(a)(2) of title 10, United States Code, is amended to
read as follows:
``(2) issue and deliver those rifles, together with blank
ammunition, to those units without charge if the rifles and
ammunition are to be used for ceremonies and funerals in honor
of veterans at national or other cemeteries.''.
SEC. 1066. PROHIBITION ON THE RETURN OF VETERANS MEMORIAL OBJECTS TO
FOREIGN NATIONS WITHOUT SPECIFIC AUTHORIZATION IN LAW.
(a) Prohibition.--Notwithstanding section 2572 of title 10, United
States Code, or any other provision of law, the President may not
transfer a veterans memorial object to a foreign country or entity
controlled by a foreign government, or otherwise transfer or convey
such object to any person or entity for purposes of the ultimate
transfer or conveyance of such object to a foreign country or entity
controlled by a foreign government, unless specifically authorized by
law.
(b) Definitions.--In this section:
(1) Entity controlled by a foreign government.--The term
``entity controlled by a foreign government'' has the meaning
given that term in section 2536(c)(1) of title 10, United
States Code.
(2) Veterans memorial object.--The term ``veterans memorial
object'' means any object, including a physical structure or
portion thereof, that--
(A) is located at a cemetery of the National
Cemetery System, war memorial, or military installation
in the United States;
(B) is dedicated to, or otherwise memorializes, the
death in combat or combat-related duties of members of
the United States Armed Forces; and
(C) was brought to the United States from abroad as
a memorial of combat abroad.
SEC. 1067. MILITARY ASSISTANCE TO CIVIL AUTHORITIES FOR RESPONDING TO
TERRORISM.
(a) Authority.--During fiscal year 2000, the Secretary of Defense,
upon the request of the Attorney General, may provide assistance to
civil authorities in responding to an act or threat of an act of
terrorism, including an act of terrorism or threat of an act of
terrorism that involves a weapon of mass destruction, within the United
States if the Secretary of Defense determines that--
(1) special capabilities and expertise of the Department of
Defense are necessary and critical to respond to the act or
threat; and
(2) the provision of such assistance will not adversely
affect the military preparedness of the armed forces.
(b) Nature of Assistance.--Assistance provided under subsection (a)
may include the deployment of Department of Defense personnel and the
use of any Department of Defense resources to the extent and for such
period as the Secretary of Defense determines necessary to prepare for,
prevent, or respond to an act or threat described in that subsection.
Actions taken to provide the assistance may include the prepositioning
of Department of Defense personnel, equipment, and supplies.
(c) Reimbursement.--(1) Assistance provided under this section
shall normally be provided on a reimbursable basis. Notwithstanding any
other provision of law, the amounts of reimbursement shall be limited
to the amounts of the incremental costs of providing the assistance. In
extraordinary circumstances, the Secretary of Defense may waive
reimbursement upon determining that a waiver of the reimbursement is in
the national security interests of the United States and submitting to
Congress a notification of the determination.
(2) If funds are appropriated for the Department of Justice to
cover the costs of responding to an act or threat for which assistance
is provided under subsection (a), the Department of Defense shall be
reimbursed out of such funds for the costs incurred by the department
in providing the assistance without regard to whether the assistance
was provided on a nonreimbursable basis.
(d) Limitation on Funding.--Not more than $10,000,000 may be
obligated to provide assistance pursuant to subsection (a) in a fiscal
year.
(e) Personnel Restrictions.--In carrying out this section, a member
of the Army, Navy, Air Force, or Marine Corps may not, unless
authorized by another provision of law--
(1) directly participate in a search, seizure, arrest, or
other similar activity; or
(2) collect intelligence for law enforcement purposes.
(f) Nondelegability of Authority.--(1) The Secretary of Defense may
not delegate to any other official authority to make determinations and
to authorize assistance under this section.
(2) The Attorney General may not delegate to any other official
authority to make a request for assistance under subsection (a).
(h) Relationship to Other Authority.--(1) The authority provided in
this section is in addition to any other authority available to the
Secretary of Defense.
(2) Nothing in this section shall be construed to restrict any
authority regarding use of members of the armed forces or equipment of
the Department of Defense that was in effect before the date of
enactment of this Act.
(i) Definitions.--In this section:
(1) The term ``threat of an act of terrorism'' includes any
circumstance providing a basis for reasonably anticipating an
act of terrorism, as determined by the Secretary of Defense in
consultation with the Attorney General and the Secretary of the
Treasury.
(2) The term ``weapon of mass destruction'' has the meaning
given the term in section 1403 of the Defense Against Weapons
of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1068. SENSE OF THE CONGRESS REGARDING THE CONTINUATION OF
SANCTIONS AGAINST LIBYA.
(a) Findings.--Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189 United
States citizens, were killed in a terrorist bombing on Pan Am
Flight 103 over Lockerbie, Scotland.
(2) Britain and the United States indicted two Libyan
intelligence agents, Abd al-Baset Ali al-Megrahi and Al-Amin
Khalifah Fhimah, in 1991 and sought their extradition from
Libya to the United States or the United Kingdom to stand trial
for this heinous terrorist act.
(3) The United Nations Security Council called for the
extradition of the suspects in Security Council Resolution 731
and imposed sanctions on Libya in Security Council Resolutions
748 and 883 because Libyan leader Colonel Muammar Qadhafi
refused to transfer the suspects to either the United States or
the United Kingdom to stand trial.
(4) The United Nations Security Council Resolutions 731,
748, and 883 demand that Libya cease all support for terrorism,
turn over the two suspects, cooperate with the investigation
and the trial, and address the issue of appropriate
compensation.
(5) The sanctions in United Nations Security Council
Resolutions 748 and 883 include--
(A) a worldwide ban on Libya's national airline;
(B) a ban on flights into and out of Libya by other
nations' airlines; and
(C) a prohibition on supplying arms, airplane
parts, and certain oil equipment to Libya, and a
blocking of Libyan Government funds in other countries.
(6) Colonel Muammar Qadhafi for many years refused to
extradite the suspects to either the United States or the
United Kingdom and had insisted that he would only transfer the
suspects to a third and neutral country to stand trial.
(7) On August 24, 1998, the United States and the United
Kingdom agreed to the proposal that Colonel Qadhafi transfer
the suspects to The Netherlands, where they would stand trial
under a Scottish court, under Scottish law, and with a panel of
Scottish judges.
(8) The United Nations Security Council endorsed the United
States-United Kingdom proposal on August 27, 1998 in United
Nations Security Council Resolution 1192.
(9) The United States, consistent with United Nations
Security Council resolutions, called on Libya to ensure the
production of evidence, including the presence of witnesses
before the court, and to comply fully with all the requirements
of the United Nations Security Council resolutions.
(10) After years of intensive diplomacy, Colonel Qadhafi
finally transferred the two Libyan suspects to The Netherlands
on April 5, 1999, and the United Nations Security Council, in
turn, suspended its sanctions against Libya that same day.
(11) Libya has only fulfilled one of four conditions (the
transfer of the two suspects accused in the Lockerbie bombing)
set forth in United Nations Security Council Resolutions 731,
748, and 883 that would justify the lifting of United Nations
Security Council sanctions against Libya.
(12) Libya has not fulfilled the other three conditions
(cooperation with the Lockerbie investigation and trial;
renunciation of and ending support for terrorism; and payment
of appropriate compensation) necessary to lift the United
Nations Security Council sanctions.
(13) The United Nations Secretary General is expected to
issue a report to the Security Council on or before July 5,
1999, on the issue of Libya's compliance with the remaining
conditions.
(14) Any member of the United Nations Security Council has
the right to introduce a resolution to lift the sanctions
against Libya after the United Nations Secretary General's
report has been issued.
(15) The United States Government considers Libya a state
sponsor of terrorism and the State Department Report,
``Patterns of Global Terrorism; 1998'', stated that Colonel
Qadhafi ``continued publicly and privately to support
Palestinian terrorist groups, including the PIJ and the PFLP-
GC''.
(16) United States Government sanctions (other than
sanctions on food or medicine) should be maintained on Libya,
and in accordance with United States law, the Secretary of
State should keep Libya on the list of countries the
governments of which have repeatedly provided support for acts
of international terrorism under section 6(j) of the Export
Administration Act of 1979 in light of Libya's ongoing support
for terrorist groups.
(b) Sense of Congress.--It is the sense of Congress that the
President should use all diplomatic means necessary, including the use
of the United States veto at the United Nations Security Council, to
prevent the Security Council from lifting sanctions against Libya until
Libya fulfills all of the conditions set forth in United Nations
Security Council Resolutions 731, 748, and 883.
SEC. 1069. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY UNITED
STATES SATELLITE MANUFACTURERS.
(a) Notice to Congress of Investigations.--The President shall
promptly notify Congress whenever an investigation is undertaken of an
alleged violation of United States export control laws in connection
with a commercial satellite of United States origin.
(b) Notice to Congress of Certain Export Waivers.--The President
shall promptly notify Congress whenever an export waiver is granted on
behalf of any United States person or firm that is the subject of an
investigation described in subsection (a). The notice shall include a
justification for the waiver.
(c) Notice in Applications.--It is the sense of Congress that any
United States person or firm subject to an investigation described in
subsection (a) that submits to the United States an application for the
export of a commercial satellite should include in the application a
notice of the investigation.
(d) Protection of Classified and Other Sensitive Information.--The
Senate and the House of Representatives shall each establish, by rule
or resolution of such House, procedures to protect from unauthorized
disclosure classified information, informatioin relating to
intelligence sources and methods, and sensitive law enforcement
information that is furnished to Congress pursuant to this section.
(e) Exception.--The requirements of subsections (a) and (b) shall
not apply if the President determines that notification of Congress
would jeopardize an on-going criminal investigation. If the President
makes such a determination he shall provide written notification to the
Majority Leader of the Senate, the Minority Leader of the Senate, the
Speaker of the House of Representatives and the Minority Leader of the
House of Representatives. Such notification shall include a
justification for any such determination.
SEC. 1070. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT REDUCTION
AGENCY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations--
(1) to authorize the personnel of the Defense Threat
Reduction Agency (DTRA) who monitor satellite launch campaigns
overseas to suspend such campaigns at any time if the
suspension is required for purposes of the national security of
the United States;
(2) to establish appropriate professional and technical
qualifications for such personnel;
(3) to allocate funds and other resources to the Agency at
levels sufficient to prevent any shortfalls in the number of
such personnel;
(4) to establish mechanisms in accordance with the
provisions of section 1514(a)(2)(A) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778 note) that provide
for--
(A) the allocation to the Agency, in advance of a
launch campaign, of an amount equal to the amount
estimated to be required by the Agency to monitor the
launch campaign; and
(B) the reimbursement of the Department, at the end
of a launch campaign, for amounts expended by the
Agency in monitoring the launch campaign;
(5) to establish a formal technology training program for
personnel of the Agency who monitor satellite launch campaigns
overseas, including a structured framework for providing
training in areas of export control laws;
(6) to review and improve guidelines on the scope of
permissible discussions with foreign persons regarding
technology and technical information, including the technology
and technical information that should not be included in such
discussions;
(7) to provide, on at least an annual basis, briefings to
the officers and employees of United States commercial
satellite entities on United States export license standards,
guidelines, and restrictions, and encourage such officers and
employees to participate in such briefings;
(8) to establish a system for--
(A) the preparation and filing by personnel of the
Agency who monitor satellite launch campaigns overseas
of detailed reports of all activities observed by such
personnel in the course of monitoring such campaigns;
(B) the systematic archiving of reports filed under
subparagraph (A); and
(C) the preservation of such reports in accordance
with applicable laws; and
(9) to establish a counterintelligence program within the
Agency as part of its satellite launch monitoring program.
(b) Annual Report on Implementation of Satellite Technology
Safeguards.--(1) The Secretary of Defense and the Secretary of State
shall each submit to Congress each year, as part of the annual report
for that year under section 1514(a)(8) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999, the following:
(A) A summary of the satellite launch campaigns and related
activities monitored by the Defense Threat Reduction Agency
during the preceding year.
(B) A description of any license infractions or violations
that may have occurred during such campaigns and activities.
(C) A description of the personnel, funds, and other
resources dedicated to the satellite launch monitoring program
of the Agency during that year.
(D) An assessment of the record of United States satellite
makers in cooperating with Agency monitors, and in complying
with United States export control laws, during that year.
(2) Each report under paragraph (1) shall be submitted in
classified form and unclassified form.
SEC. 1071. IMPROVEMENT OF LICENSING ACTIVITIES BY THE DEPARTMENT OF
STATE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall prescribe regulations to provide,
consistent with the need to protect classified, law enforcement, or
other sensitive information, timely notice to the manufacturer of a
commercial satellite of United States origin of the reasons for a
denial or approval with conditions, as the case may be, of the
application for license involving the overseas launch of such
satellite.
SEC. 1072. ENHANCEMENT OF INTELLIGENCE COMMUNITY ACTIVITIES.
(a) Consultation with DCI.--The Secretary of State and Secretary of
Defense shall consult with the Director of Central Intelligence
throughout the review of an application for a license involving the
overseas launch of a commercial satellite of United States origin in
order to assure that the launch of the satellite, if the license is
approved, will meet any requirements necessary to protect the national
security interests of the United States.
(b) Advisory Group.--The Director of Central Intelligence shall
establish within the intelligence community an advisory group to
provide information and analysis to Congress upon request, and to
appropriate departments and agencies of the Federal Government, on
licenses involving the overseas launch of commercial satellites of
United States origin.
(c) Annual Reports on Efforts To Acquire Sensitive United States
Technology and Technical Information.--The Director of Central
Intelligence shall submit each year to Congress and appropriate
officials of the executive branch a report on the efforts of foreign
governments and entities during the preceding year to acquire sensitive
United States technology and technical information. The report shall
include an analysis of the applications for licenses for export that
were submitted to the United States during that year.
(d) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 1073. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE
TECHNOLOGY CONTROL REGIME.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should take all actions appropriate to
obtain a bilateral agreement with the People's Republic of
China to adhere to the Missile Technology Control Regime (MTCR)
and the MTCR Annex; and
(2) the People's Republic of China should not be permitted
to join the Missile Technology Control Regime as a member
without having--
(A) demonstrated a sustained and verified
commitment to the nonproliferation of missiles and
missile technology; and
(B) adopted an effective export control system for
implementing guidelines under the Missile Technology
Control Regime and the MTCR Annex.
(b) Definitions.--In this section:
(1) The term ``Missile Technology Control Regime'' means
the policy statement, between the United States, the United
Kingdom, the Federal Republic of Germany, France, Italy,
Canada, and Japan, announced on April 16, 1987, to restrict
sensitive missile-relevant transfers based on the MTCR Annex,
and any amendments thereto.
(2) The term ``MTCR Annex'' means the Guidelines and
Equipment and Technology Annex of the Missile Technology
Control Regime, and any amendments thereto.
SEC. 1074. UNITED STATES COMMERCIAL SPACE LAUNCH CAPACITY.
It is the sense of Congress that--
(1) Congress and the President should work together to
stimulate and encourage the expansion of a commercial space
launch capacity in the United States, including by taking
actions to eliminate legal or regulatory barriers to long-term
competitiveness in the United States commercial space launch
industry; and
(2) Congress and the President should--
(A) reexamine the current United States policy of
permitting the export of commercial satellites of
United States origin to the People's Republic of China
for launch;
(B) review the advantages and disadvantages of
phasing out the policy over time, including advantages
and disadvantages identified by Congress, the executive
branch, the United States satellite industry, the
United States space launch industry, the United States
telecommunications industry, and other interested
persons; and
(C) if the phase out of the policy is adopted,
permit launches of commercial satellites of United
States origin by the People's Republic of China only
if--
(i) such launches are licensed as of the
commencement of the phase out of the policy;
and
(ii) additional actions are taken to
minimize the transfer of technology to the
People's Republic of China during the course of
such launches.
SEC. 1075. ANNUAL REPORTS ON SECURITY IN THE TAIWAN STRAIT.
(a) In General.--Not later than February 1 of each year, beginning
in the first calendar year after the date of enactment of this Act, the
Secretary of Defense shall submit to the appropriate congressional
committees a report, in both classified and unclassified form,
detailing the security situation in the Taiwan Strait.
(b) Report Elements.--Each report shall include--
(1) an analysis of the military forces facing Taiwan from
the People's Republic of China;
(2) an evaluation of additions during the preceding year to
the offensive military capabilities of the People's Republic of
China; and
(3) an assessment of any challenges during the preceding
year to the deterrent forces of the Republic of China on
Taiwan, consistent with the commitments made by the United
States in the Taiwan Relations Act (Public Law 96-8).
(c) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Armed Services of the Senate and the
Committee on International Relations and the Committee on Armed
Services of the House of Representatives.
SEC. 1076. DECLASSIFICATION OF RESTRICTED DATA AND FORMERLY RESTRICTED
DATA.
Section 3161(b) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2260; 50 U.S.C. 435 note) is amended by adding at the end the
following:
``(9) The actions to be taken to ensure that records
subject to Executive Order No. 12958 that have previously been
determined to be suitable for release to the public are
reviewed on a page by page basis for Restricted Data or
Formerly Restricted Data unless such records have been
determined to be highly unlikely to contain Restricted Data or
Formerly Restricted Data.''.
SEC. 1077. DISENGAGING FROM NONCRITICAL OVERSEAS MISSIONS INVOLVING
UNITED STATES COMBAT FORCES.
(a) Findings.--Congress makes the following findings:
(1) It is the National Security Strategy of the United
States to ``deter and defeat large-scale, cross-border
aggression in two distant theaters in overlapping time
frames''.
(2) The deterrence of Iraq and Iran in Southwest Asia and
the deterrence of North Korea in Northeast Asia represent two
such potential large-scale, cross-border theater requirements.
(3) The United States has 120,000 troops permanently
assigned to those theaters.
(4) The United States has an additional 70,000 forces
assigned to non-NATO/non-Pacific threat foreign countries.
(5) The United States has more than 6,000 troops in Bosnia-
Herzegovina on indefinite assignment.
(6) The United States has diverted permanently assigned
resources from other theaters to support operations in the
Balkans.
(7) The United States provides military forces to seven
active United Nations peacekeeping operations, including some
missions that have continued for decades.
(8) Between 1986 and 1998, the number of American military
deployments per year has nearly tripled at the same time the
Department of Defense budget has been reduced in real terms by
38 percent.
(9) The Army has 10 active-duty divisions today, down from
18 in 1991, while on an average day in fiscal year 1998, 28,000
United States Army soldiers were deployed to more than 70
countries for over 300 separate missions.
(10) Active Air Force fighter wings have gone from 22 to 13
since 1991, while 70 percent of air sorties in Operation Allied
Force over the Balkans are United States-flown and the Air
Force continues to enforce northern and southern no-fly zones
in Iraq. In response, the Air Force has initiated a ``stop
loss'' program to block normal retirements and separations.
(11) The United States Navy has been reduced in size to 339
ships, its lowest level since 1938, necessitating the
redeployment of the only overseas homeported aircraft carrier
from the Western Pacific to the Mediterranean to support
Operation Allied Force.
(12) In 1998 just 10 percent of eligible carrier naval
aviators--27 out of 261--accepted continuation bonuses and
remained in service.
(13) In 1998 48 percent of Air Force pilots eligible for
continuation opted to leave the service.
(14) The Army could fall 6,000 below Congressionally
authorized troop strength by the end of 1999.
(b) Sense of Congress.--It is the sense of Congress that:
(1) The readiness of United States military forces to
execute the National Security Strategy of the United States is
being eroded from a combination of declining defense budgets
and expanded missions.
(2) There may be missions to which the United States is
contributing Armed Forces from which the United States can
begin disengaging.
(c) Report Requirement.--Not later than March 1, 2000, the
President shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives,
and to the Committees on Appropriations in both Houses, a report
prioritizing the ongoing global missions to which the United States is
contributing troops. The President shall include in the report a
feasibility analysis of how the United States can--
(1) shift resources from low priority missions in support
of higher priority missions;
(2) consolidate or reduce United States troop commitments
worldwide;
(3) end low priority missions.
SEC. 1078. SENSE OF THE SENATE ON NEGOTIATIONS WITH INDICTED WAR
CRIMINALS.
(a) In General.--It is the sense of the Senate that the United
States, as a member of NATO, should not negotiate with Slobodan
Milosevic, an indicted war criminal, or any other indicted war criminal
with respect to reaching an end to the conflict in the Federal Republic
of Yugoslavia
(b) Yugoslavia Defined.--In this section, the term ``Federal
Republic of Yugoslavia'' means the Federal Republic of Yugoslavia
(Serbia and Montenegro).
SEC. 1079. COAST GUARD EDUCATION FUNDING.
Section 2006 of title 10, United States Code, is amended--
(1) by striking ``Department of Defense education
liabilities'' in subsection (a) and inserting ``armed forces
education liabilities'';
(2) by striking paragraph (1) of subsection (b) and
inserting the following:
``(1) The term `armed forces educational liabilities' means
liabilities of the armed forces for benefits under chapter 30
of title 38 and for Department of Defense benefits under
chapter 1606 of this title.'';
(3) by inserting ``Department of Defense'' after ``future''
in subsection (b)(2)(C);
(4) by striking ``106'' in subsection (b)(2)(C) and
inserting ``1606'';
(5) by inserting ``and the Secretary of the Department in
which the Coast Guard is operating'' after ``Defense'' in
subsection (c)(1);
(6) by striking ``Department of Defense'' in subsection (d)
and inserting ``armed forces'';
(7) by inserting ``the Secretary of the Department in which
the Coast Guard is operating'' in subsection (d) after
``Secretary of Defense,'';
(8) by inserting ``and the Department in which the Coast
Guard is operating'' after ``Department of Defense'' in
subsection (f)(5);
(9) by inserting ``and the Secretary of the Department in
which the Coast Guard is operating'' in paragraphs (1) and (2)
of subsection (g) after ``The Secretary of Defense''; and
(10) by striking ``of a military department.'' in
subsection (g)(3) and inserting ``concerned.''.
SEC. 1080. TECHNICAL AMENDMENT TO PROHIBITION ON RELEASE OF CONTRACTOR
PROPOSALS UNDER THE FREEDOM OF INFORMATION ACT.
Section 2305(g) of title 10, United States Code, is amended in
paragraph (1) by striking ``the Department of Defense'' and inserting
``an agency named in section 2303 of this title''.
SEC. 1081. ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION SCHOOLS BY
MILITARY PERSONNEL OF THE NEW MEMBER NATIONS OF NATO.
(a) Finding.--Congress finds that it is in the national interests
of the United States to fully integrate Poland, Hungary, and the Czech
Republic, the new member nations of the North Atlantic Treaty
Organization, into the NATO alliance as quickly as possible.
(b) Military Education and Training Programs.--The Secretary of
each military department shall give due consideration to according a
high priority to the attendance of military personnel of Poland,
Hungary, and the Czech Republic at professional military education
schools and training programs in the United States, including the
United States Military Academy, the United States Naval Academy, the
United States Air Force Academy, the National Defense University, the
war colleges of the Armed Forces, the command and general staff officer
courses of the Armed Forces, and other schools and training programs of
the Armed Forces that admit personnel of foreign armed forces.
SEC. 1082. SENSE OF CONGRESS REGARDING UNITED STATES-RUSSIAN
COOPERATION IN COMMERCIAL SPACE LAUNCH SERVICES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should agree to increase the
quantitative limitations applicable to commercial space launch
services provided by Russian space launch service providers if
the Government of the Russian Federation demonstrates a
sustained commitment to seek out and prevent the illegal
transfer from Russia to Iran or any other country of any
prohibited ballistic missile equipment or any technology
necessary for the acquisition or development by the recipient
country of any ballistic missile;
(2) the United States should demand full and complete
cooperation from the Government of the Russian Federation on
preventing the illegal transfer from Russia to Iran or any
other country of any prohibited fissile material or ballistic
missile equipment or any technology necessary for the
acquisition or development by the recipient country of any
nuclear weapon or ballistic missile; and
(3) the United States should take every appropriate measure
necessary to encourage the Government of the Russian Federation
to seek out and prevent the illegal transfer from Russia to
Iran or any other country of any prohibited fissile material or
ballistic missile equipment or any technology necessary for the
acquisition or development by the recipient country of any
nuclear weapon or ballistic missile.
(b) Definitions.--
(1) In general.--The terms ``commercial space launch
services'' and ``Russian space launch service providers'' have
the same meanings given those terms in Article I of the
Agreement Between the Government of the United States of
America and the Government of the Russian Federation Regarding
International Trade in Commercial Space Launch Services, signed
in Washington, D.C., on September 2, 1993.
(2) Quantitative limitations applicable to commercial space
launch services.--The term ``quantitative limitations
applicable to commercial space launch services'' means the
quantitative limits applicable to commercial space launch
services contained in Article IV of the Agreement Between the
Government of the United States of America and the Government
of the Russian Federation Regarding International Trade in
Commercial Space Launch Services, signed in Washington, D.C.,
on September 2, 1993, as amended by the agreement between the
United States and the Russian Federation done at Washington,
D.C., on January 30, 1996.
SEC. 1083. RECOVERY AND IDENTIFICATION OF REMAINS OF CERTAIN WORLD WAR
II SERVICEMEN.
(a) Responsibilities of the Secretary of the Army.--(1) The
Secretary of the Army, in consultation with the Secretary of Defense,
shall make every reasonable effort, as a matter of high priority, to
search for, recover, and identify the remains of United States
servicemen of the United States aircraft lost in the Pacific theater of
operations during World War II, including in New Guinea.
(2) The Secretary of the Army shall submit to Congress not later
than September 30, 2000, a report detailing the efforts made by the
United States Army Central Identification Laboratory to accomplish the
objectives described in paragraph (1).
(b) Responsibilities of the Secretary of State.--The Secretary of
State, upon request by the Secretary of the Army, shall work with
officials of governments of sovereign nations in the Pacific theater of
operations of World War II to overcome any political obstacles that
have the potential for precluding the Secretary of the Army from
accomplishing the objectives described in subsection (a)(1).
SEC. 1084. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING.
(a) Authority To Transfer Agents.--(1) The Secretary of Defense may
transfer to the Attorney General, in accordance with the Chemical
Weapons Convention, quantities of lethal chemical agents required to
support training at the Center for Domestic Preparedness in Fort
McClellan, Alabama. The quantity of lethal chemical agents transferred
under this section may not exceed that required to support training for
emergency first-response personnel in addressing the health, safety,
and law enforcement concerns associated with potential terrorist
incidents that might involve the use of lethal chemical weapons or
agents, or other training designated by the Attorney General.
(2) The Secretary of Defense, in coordination with the Attorney
General, shall determine the amount of lethal chemical agents that
shall be transferred under this section. Such amount shall be
transferred from quantities of lethal chemical agents that are
produced, acquired, or retained by the Department of Defense.
(3) The Secretary of Defense may not transfer lethal chemical
agents under this section until--
(A) the Center referred to in paragraph (1) is transferred
from the Department of Defense to the Department of Justice;
and
(B) the Secretary determines that the Attorney General is
prepared to receive such agents.
(4) To carry out the training described in paragraph (1) and other
defensive training not prohibited by the Chemical Weapons Convention,
the Secretary of Defense may transport lethal chemical agents from a
Department of Defense facility in one State to a Department of Justice
or Department of Defense facility in another State.
(5) Quantities of lethal chemical agents transferred under this
section shall meet all applicable requirements for transportation,
storage, treatment, and disposal of such agents and for any resulting
hazardous waste products.
(b) Annual Report.--The Secretary of Defense, in consultation with
Attorney General, shall report annually to Congress regarding the
disposition of lethal chemical agents transferred under this section.
(c) Non-Interference With Treaty Obligations.--Nothing in this
section may be construed as interfering with United States treaty
obligations under the Chemical Weapons Convention.
(d) Chemical Weapons Convention Defined.--In this section, the term
``Chemical Weapons Convention'' means the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction, opened for signature on January 13, 1993.
SEC. 1085. RUSSIAN NONSTRATEGIC NUCLEAR ARMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the interest of Russia to fully implement the
Presidential Nuclear Initiatives announced in 1991 and 1992 by
then-President of the Soviet Union Gorbachev and then-President
of Russia Yeltsin;
(2) the President of the United States should call on
Russia to match the unilateral reductions in the United States
inventory of tactical nuclear weapons, which have reduced the
inventory by nearly 90 percent; and
(3) if the certification under section 1044 is made, the
President should emphasize the continued interest of the United
States in working cooperatively with Russia to reduce the
dangers associated with Russia's tactical nuclear arsenal.
(b) Annual Reporting Requirement.--(1) Each annual report on
accounting for United States assistance under Cooperative Threat
Reduction programs that is submitted to Congress under section 1206 of
Public Law 104-106 (110 Stat. 471; 22 U.S.C. 5955 note) after fiscal
year 1999 shall include, regarding Russia's arsenal of tactical nuclear
warheads, the following:
(A) Estimates regarding current types, numbers, yields,
viability, locations, and deployment status of the warheads.
(B) An assessment of the strategic relevance of the
warheads.
(C) An assessment of the current and projected threat of
theft, sale, or unauthorized use of the warheads.
(D) A summary of past, current, and planned United States
efforts to work cooperatively with Russia to account for,
secure, and reduce Russia's stockpile of tactical nuclear
warheads and associated fissile material.
(2) The Secretary shall include in the annual report, with the
matters included under paragraph (1), the views of the Director of
Central Intelligence and the views of the Commander in Chief of the
United States Strategic Command regarding those matters.
(c) Views of the Director of Central Intelligence.--The Director of
Central Intelligence shall submit to the Secretary of Defense, for
inclusion in the annual report under subsection (b), the Director's
views on the matters described in paragraph (1) of that subsection
regarding Russia's tactical nuclear weapons.
SEC. 1086. COMMEMORATION OF THE VICTORY OF FREEDOM IN THE COLD WAR.
(a) Findings.--Congress makes the following findings:
(1) The Cold War between the United States and the former
Union of Soviet Socialist Republics was the longest and most
costly struggle for democracy and freedom in the history of
mankind.
(2) Whether millions of people all over the world would
live in freedom hinged on the outcome of the Cold War.
(3) Democratic countries bore the burden of the struggle
and paid the costs in order to preserve and promote democracy
and freedom.
(4) The Armed Forces and the taxpayers of the United States
bore the greatest portion of such a burden and struggle in
order to protect such principles.
(5) Tens of thousands of United States soldiers, sailors,
Marines, and airmen paid the ultimate price during the Cold War
in order to preserve the freedoms and liberties enjoyed in
democratic countries.
(6) The Berlin Wall erected in Berlin, Germany, epitomized
the totalitarianism that the United States struggled to
eradicate during the Cold War.
(7) The fall of the Berlin Wall on November 9, 1989, marked
the beginning of the end for Soviet totalitarianism, and thus
the end of the Cold War.
(8) November 9, 1999, is the 10th anniversary of the fall
of the Berlin Wall.
(b) Designation of Victory in the Cold War Day.--Congress hereby--
(1) designates November 9, 1999, as ``Victory in the Cold
War Day''; and
(2) requests that the President issue a proclamation
calling on the people of the United States to observe that week
with appropriate ceremonies and activities.
(c) Cold War Medal.--(1) Chapter 57 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 1133. Cold War medal: award
``(a) Award.--There is hereby authorized an award of an appropriate
decoration, as provided for under subsection (b), to all individuals
who served honorably in the United States Armed Forces during the Cold
War in order to recognize the contributions of such individuals to
United States victory in the Cold War.
``(b) Design.--The Joint Chiefs of Staff shall, under regulations
prescribed by the President, design for purposes of this section a
decoration called the `Victory in the Cold War Medal'. The decoration
shall be of appropriate design, with ribbons and appurtenances.
``(c) Period of Cold War.--For purposes of subsection (a), the term
`Cold War' shall mean the period beginning on August 14, 1945, and
ending on November 9, 1989.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1133. Cold War medal: award.''.
(d) Participation of Armed Forces in Celebration of Anniversary of
End of Cold War.--(1) Subject to paragraphs (2) and (3), amounts
authorized to be appropriated by section 301(1) shall be available for
the purpose of covering the costs of the Armed Forces in participating
in a celebration of the 10th anniversary of the end of the Cold War to
be held in Washington, District of Columbia, on November 9, 1999.
(2) The total amount of funds available under paragraph (1) for the
purpose set forth in that paragraph may not exceed $15,000,000.
(3)(A) The Secretary of Defense may accept contributions from the
private sector for the purpose of reducing the costs of the Armed
Forces described in paragraph (1).
(B) The amount of funds available under paragraph (1) for the
purpose set forth in that paragraph shall be reduced by an amount equal
to the amount of contributions accepted by the Secretary under
subparagraph (A).
(e) Commission on Victory in the Cold War.--(1) There is hereby
established a commission to be known as the ``Commission on Victory in
the Cold War'' (in this subsection to be referred to as the
``Commission'').
(2) The Commission shall be composed of twelve individuals, as
follows:
(A) Two shall be appointed by the President.
(B) Two shall be appointed by the Minority Leader of the
Senate.
(C) Two shall be appointed by the Minority Leader of the
House of Representatives.
(D) Three shall be appointed by the Majority Leader of the
Senate.
(E) Three shall be appointed by the Speaker of the House of
Representatives.
(3) The Commission shall have as its duty the review and approval
of the expenditure of funds by the Armed Forces under subsection (d)
prior to the participation of the Armed Forces in the celebration
referred to in paragraph (1) of that subsection, whether such funds are
derived from funds of the United States or from amounts contributed by
the private sector under paragraph (3)(A) of that subsection.
(4) In addition to the duties provided for under paragraph (3), the
Commission shall also have the authority to design and award medals and
decorations to current and former public officials and other
individuals whose efforts were vital to United States victory in the
Cold War.
(5) The Commission shall be chaired by two individuals as follows:
(A) One selected by and from among those appointed pursuant
to subparagraphs (A), (B), and (C) of paragraph (2).
(B) One selected by and from among those appointed pursuant
to subparagraphs (D) and (E) of paragraph (2).
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. ACCELERATED IMPLEMENTATION OF VOLUNTARY EARLY RETIREMENT
AUTHORITY.
Section 1109(d)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2145; 5 U.S.C. 8336 note) is amended by striking ``October 1, 2000''
and inserting ``October 1, 1999''.
SEC. 1102. DEFERENCE TO EEOC PROCEDURES FOR INVESTIGATION OF COMPLAINTS
OF SEXUAL HARASSMENT MADE BY EMPLOYEES.
Section 1561(a) of title 10, United States Code, is amended by
striking ``or a civilian employee under the supervision of the
officer''.
SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL EMPLOYEES
SERVING IN A COMBAT ZONE.
(a) Service in a Combat Zone as Exigency of the Public Business.--
Section 6304(d) of title 5, United States Code, is amended by adding a
the end the following:
``(4)(A) For the purpose of this subsection, service of a
Department of Defense emergency essential employee in a combat zone is
an exigency of the public business for that employee. Any leave that,
by reason of such service, is lost by the employee by operation of this
section (regardless of whether such leave was scheduled) shall be
restored to the employee and shall be credited and available in
accordance with paragraph (2).
``(B) As used in subparagraph (A)--
``(i) the term `Department of Defense emergency essential
employee' means an employee of the Department of Defense who is
designated under section 1580 of title 10 as an emergency
essential employee; and
``(ii) the term `combat zone' has the meaning given such
term in section 112(c)(2) of the Internal Revenue Code of
1986.''.
(b) Designation of Emergency Essential Employees.--(1) Chapter 81
of title 10, United States Code, is amended by inserting after the
table of sections at the beginning of such chapter the following new
section 1580:
``Sec. 1580. Emergency essential employees: designation
``(a) Criteria for Designation.--The Secretary of Defense or the
Secretary of the military department concerned may designate as an
emergency essential employee any employee of the Department of Defense,
whether permanent or temporary, the duties of whose position meet all
of the following criteria:
``(1) It is the duty of the employee to provide immediate
and continuing support for combat operations or to support
maintenance and repair of combat essential systems of the armed
forces.
``(2) It is necessary for the employee to perform that duty
in a combat zone after the evacuation of nonessential
personnel, including any dependents of members of the armed
forces, from the zone in connection with a war, a national
emergency declared by Congress or the President, or the
commencement of combat operations of the armed forces in the
zone.
``(3) It is impracticable to convert the employee's
position to a position authorized to be filled by a member of
the armed forces because of a necessity for that duty to be
performed without interruption.
``(b) Eligibility of Employees of Nonappropriated Fund
Instrumentalities.--A nonappropriated fund instrumentality employee is
eligible for designation as an emergency essential employee under
subsection (a).
``(c) Definitions.--In this section:
``(1) The term `combat zone' has the meaning given that
term in section 112(c)(2) of the Internal Revenue Code of 1986.
``(2) The term `nonappropriated fund instrumentality
employee' has the meaning given that term in section 1587(a)(1)
of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting before the item relating to section 1581 the
following:
``1580. Emergency essential employees: designation.''.
SEC. 1104. LEAVE WITHOUT LOSS OF BENEFITS FOR MILITARY RESERVE
TECHNICIANS ON ACTIVE DUTY IN SUPPORT OF COMBAT
OPERATIONS.
(a) Elimination of Restriction to Situations Involving Noncombat
Operations.--Section 6323(d)(1) of title 5, United States Code, is
amended by striking ``noncombat''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to days of leave under section 6323(d)(1) of title 5,
United States Code, on or after that date.
SEC. 1105. WORK SCHEDULES AND PREMIUM PAY OF SERVICE ACADEMY FACULTY.
(a) United States Military Academy.--Section 4338 of title 10,
United States Code, is amended by adding at the end the following new
subsection (c):
``(c) The Secretary of the Army may, notwithstanding the provisions
of subchapter V of chapter 55 of title 5 or section 6101 of such title,
prescribe for persons employed under this section the following:
``(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other
characteristics as the Secretary determines appropriate.
``(2) Any premium pay or compensatory time off for hours of
work or tours of duty in excess of the regularly scheduled
hours or tours of duty.''.
(b) United States Naval Academy.--Section 6952 of title 10, United
States Code, is amended by--
(1) redesignating subsection (c) as subsection (d); and
(2) inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary of the Navy may, notwithstanding the provisions
of subchapter V of chapter 55 of title 5 or section 6101 of such title,
prescribe for persons employed under this section the following:
``(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other
characteristics as the Secretary determines appropriate.
``(2) Any premium pay or compensatory time off for hours of
work or tours of duty in excess of the regularly scheduled
hours or tours of duty.''.
(c) United States Air Force Academy.--Section 9338 of title 10,
United States Code, is amended by adding at the end the following new
subsection (c):
``(c) The Secretary of the Air Force may, notwithstanding the
provisions of subchapter V of chapter 55 of title 5 or section 6101 of
such title, prescribe for persons employed under this section the
following:
``(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other
characteristics as the Secretary determines appropriate.
``(2) Any premium pay or compensatory time off for hours of
work or tours of duty in excess of the regularly scheduled
hours or tours of duty.''.
SEC. 1106. SALARY SCHEDULES AND RELATED BENEFITS FOR FACULTY AND STAFF
OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
Section 2113(f) of title 10, United States Code, is amended by
adding at the end the following:
``(3) The limitations in sections 5307 and 5373 of title 5 do not
apply to the authority of the Secretary under paragraph (1) to
prescribe salary schedules and other related benefits.''.
SEC. 1107. EXTENSION OF CERTAIN TEMPORARY AUTHORITIES TO PROVIDE
BENEFITS FOR EMPLOYEES IN CONNECTION WITH DEFENSE
WORKFORCE REDUCTIONS AND RESTRUCTURING.
(a) Lump-Sum Payment of Severance Pay.--Section 5595(i)(4) of title
5, United States Code, is amended by striking ``the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1996 and before October 1, 1999'' and inserting ``February 10, 1996,
and before October 1, 2003''.
(b) Voluntary Separation Incentive.--Section 5597(e) of such title
is amended by striking ``September 30, 2001'' and inserting ``September
30, 2003''.
(c) Continuation of FEHBP Eligibility.--Section 8905a(d)(4)(B) of
such title is amended by striking clauses (i) and (ii) and inserting
the following:
``(i) October 1, 2003; or
``(ii) February 1, 2004, if specific notice of such
separation was given to such individual before October 1,
2003.''.
TITLE XII--NATIONAL MILITARY MUSEUM AND RELATED MATTERS
Subtitle A--Commission on National Military Museum
SEC. 1201. ESTABLISHMENT.
(a) Establishment.--There is hereby established a commission known
as the ``Commission on the National Military Museum'' (in this subtitle
referred to as the ``Commission'').
(b) Composition.--(1) The Commission shall be composed of 10
individuals appointed from among individuals who have an expertise in
military or museum matters, of whom--
(A) six shall be appointed by the President;
(B) one shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(C) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the Senate;
(D) one shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives; and
(E) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives.
(2) The following shall be ex officio members of the Commission:
(A) The Secretary of Defense.
(B) The Secretary of the Army.
(C) The Secretary of the Navy.
(D) The Secretary of the Air Force.
(E) The Commandant of the Marine Corps.
(F) The Commandant of the Coast Guard.
(G) The Secretary of the Smithsonian Institution.
(H) The Chairman of the National Capital Planning
Commission.
(I) The Chairperson of the Commission of Fine Arts.
(c) Original Chairperson.--The President shall designate one of the
individuals first appointed to the Commission under subsection (b)(1)
as the chairperson of the Commission.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(e) Initial Organization Requirements.--(1) All appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act.
(2) The Commission shall convene its first meeting not later than
60 days after the date as of which all members of the Commission have
been appointed, but not earlier than October 15, 1999.
SEC. 1202. DUTIES OF COMMISSION.
(a) In General.--The Commission shall conduct a study in order to
make recommendations to Congress regarding an authorization for the
construction of a national military museum in the National Capital
Area.
(b) Study Elements.--In conducting the study, the Commission
shall--
(1) determine whether existing military museums, historic
sites, and memorials in the United States are adequate--
(A) to provide in a cost-effective manner for
display of, and interaction with, adequately visited
and adequately preserved artifacts and representations
of the Armed Forces and of the wars in which the United
States has been engaged;
(B) to honor the service to the United States of
the active and reserve members of the Armed Forces and
the veterans of the United States;
(C) to educate current and future generations
regarding the Armed Forces and the sacrifices of
members of the Armed Forces and the Nation in
furtherance of the defense of freedom; and
(D) to foster public pride in the achievements and
activities of the Armed Forces;
(2) determine whether adequate inventories of artifacts and
representations of the Armed Forces and of the wars in which
the United States has been engaged are available, either in
current inventories or in private or public collections, for
loan or other provision to a national military museum; and
(3) develop preliminary proposals for--
(A) the dimensions and design of a national
military museum in the National Capital Area;
(B) the location of the museum in that Area; and
(C) the approximate cost of the final design and
construction of the museum and of the costs of
operating the museum.
(c) Additional Duties.--If the Commission determines to recommend
that Congress authorize the construction of a national military museum
in the National Capital Area, the Commission shall also--
(1) recommend one or more sites for the museum;
(2) propose a schedule for construction of the museum;
(3) assess the potential effects of the museum on the
environment, facilities, and roadways in the vicinity of the
site or sites where the museum is proposed to be located;
(4) recommend the percentages of funding for the museum to
be provided by the Federal Government, State and local
governments, and private sources, respectively;
(5) assess the potential for fundraising for the museum
during the 20-year period following the authorization of
construction of the museum; and
(6) assess and recommend various governing structures for
the museum, including a governing structure that places the
museum within the Smithsonian Institution.
SEC. 1203. REPORT.
The Commission shall, not later than 12 months after the date of
its first meeting, submit to Congress a report on its findings and
conclusions under this subtitle, including any recommendations under
section 1202.
SEC. 1204. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this subtitle, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from the
Department of Defense and any other Federal department or agency
information that the Commission considers necessary to enable the
Commission to carry out its responsibilities under this subtitle.
SEC. 1205. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall constitute a
quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority
of the members of the Commission.
(c) Commission.--The Commission may establish panels composed of
less than full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the
findings and determinations of the Commission unless approved by the
Commission.
(d) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this subtitle.
SEC. 1206. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff director and
such additional personnel as may be necessary to enable the Commission
to perform its duties. The appointment of a staff director shall be
subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General Schedule pay
rates, except that the rate of pay fixed under this paragraph for the
staff director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for grade
GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman
of the Commission, the head of any Federal department or agency may
detail, on a nonreimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The
chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule under
section 5316 of such title.
SEC. 1207. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the
United States mails and obtain printing and binding services in the
same manner and under the same conditions as other departments and
agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a reimbursable
basis, any administrative and support services requested by the
Commission.
SEC. 1208. FUNDING.
(a) In General.--Funds for activities of the Commission shall be
provided from amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for fiscal year
2000.
(b) Request.--Upon receipt of a written certification from the
Chairman of the Commission specifying the funds required for the
activities of the Commission, the Secretary of Defense shall promptly
disburse to the Commission, from such amounts, the funds required by
the Commission as stated in such certification.
(c) Availability of Certain Funds.--Of the funds available for
activities of the Commission under this section, $2,000,000 shall be
available for the activities, if any, of the Commission under section
1202(c).
SEC. 1209. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its report under section 1203.
Subtitle B--Related Matters
SEC. 1211. FUTURE USE OF NAVY ANNEX PROPERTY, ARLINGTON, VIRGINIA.
(a) Limitation on Future Use.--No transfer of any real property of
the Navy Annex property, or other use of that property not authorized
as of the date of the enactment of this Act, may be carried out until 2
years after the later of--
(1) the date of the submittal of the study on the expansion
of Arlington Cemetery required by the Joint Explanatory
Statement of the Committee of Conference to accompany the
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261); or
(2) the date of the submittal of the report of the
Commission on the National Military Museum under section 1203.
(b) Navy Annex Property Described.--For purposes of subsection (a),
the Navy Annex property is the parcels of real property under the
jurisdiction of the Federal Government located in Arlington, Virginia,
as follows:
(1) A parcel bounded by Columbia Pike to the south and
east, the rear property line of the residential properties
fronting Oak Street to the west, and the southern limit of
Southgate Road to the north.
(2) A parcel bounded by Shirley Memorial Boulevard
(Interstate Route 395) to the south, the eastern edge of the
Department of Transportation of the Commonwealth of Virginia to
the west, Columbia Pike to the north, and the access road to
Shirley Memorial Boulevard immediately east of Joyce Street to
the east.
TITLE XIII--MILITARY VOTING RIGHTS ACT OF 1999
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Military Voting Rights Act of
1999''.
SEC. 1302. GUARANTEE OF RESIDENCY.
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. 700 et seq.) is amended by adding at the end the following:
``SEC. 704. (a) For purposes of voting for an office of the United
States or of a State, a person who is absent from a State in compliance
with military or naval orders shall not, solely by reason of that
absence--
``(1) be deemed to have lost a residence or domicile in
that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become resident in or a resident of
any other State.
``(b) In this section, the term `State' includes a territory or
possession of the United States, a political subdivision of a State,
territory, or possession, and the District of Columbia.''.
SEC. 1303. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING RIGHTS.
(a) Registration and Balloting.--Section 102 of the Uniformed and
Overseas Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting ``(a) Elections for Federal Offices.--''
before ``Each State shall--''; and
(2) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee ballot
in general, special, primary, and run-off elections for State
and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the election.''.
(b) Conforming Amendment.--The heading for title I of such Act is
amended by striking out ``FOR FEDERAL OFFICE''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2000''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alaska....................... Fort Richardson.......... $14,600,000
Fort Wainwright.......... $34,800,000
Arkansas..................... Pine Bluff Arsenal....... $18,000,000
California................... Fort Irwin............... $13,400,000
Colorado..................... Peterson Air Force Base.. $25,000,000
District of Columbia......... Fort McNair.............. $1,250,000
Walter Reed Medical $6,800,000
Center.
Georgia...................... Fort Benning............. $48,400,000
Fort Stewart............. $19,000,000
Fort Stewart/Hunter Army $7,000,000
Air Field.
Hunter Army Air Field.... $7,200,000
Hawaii....................... Schofield Barracks....... $95,000,000
Kansas....................... Fort Leavenworth......... $34,100,000
Fort Riley............... $27,000,000
Kentucky..................... Blue Grass Army Depot.... $17,000,000
Fort Campbell............ $56,900,000
Maryland..................... Fort Meade............... $22,450,000
Massachusetts................ Westover Air Force $4,000,000
Reserve Base.
Missouri..................... Fort Leonard Wood........ $10,600,000
Nevada....................... Hawthorne Army Depot..... $1,700,000
New Jersey................... Fort Monmouth............ $11,800,000
North Carolina............... Fort Bragg............... $125,400,000
Military Ocean Terminal $3,800,000
Sunny Point.
Oklahoma..................... Fort Sill................ $13,200,000
McAlester Army Ammunition $16,600,000
Pennsylvania................. Carlisle Barracks........ $5,000,000
Letterkenny Army Depot... $3,650,000
South Carolina............... Fort Jackson............. $7,400,000
Texas........................ Fort Bliss............... $50,400,000
Fort Hood................ $68,000,000
Virginia..................... Fort Belvoir............. $3,850,000
Fort Eustis.............. $39,000,000
Fort Myer................ $2,900,000
Washington................... Fort Lewis............... $6,200,000
Yakima Training Center... $17,200,000
CONUS Various................ CONUS Various............ $36,400,000
---------------
Total:............... $875,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ansbach................ $21,000,000
Area Support Group $23,200,000
Bamberg.
Mannheim............... $4,500,000
Korea.......................... Camp Casey............. $31,000,000
Camp Howze............. $3,050,000
Camp Stanley........... $3,650,000
---------------
Total:............. $86,400,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installation,
for the purpose, and in the amount set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Humphreys........... 60 Units..................... $24,000,000
---------------
Total:................... $24,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $32,600,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1999, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $2,194,333,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $736,708,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $86,400,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,500,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $83,414,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $61,531,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,098,080,000.
(6) For the construction of the United States Disciplinary
Barracks, Phase III, Fort Leavenworth, Kansas, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85; 111
Stat. 1966), $18,800,000.
(7) For the construction of the Whole Barracks Complex
Renewal, Fort Campbell, Kentucky, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105-261; 112 Stat. 2182),
$4,800,000.
(8) For the construction of the Multi-Purpose Digital
Training Range, Fort Knox, Kentucky, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1999, $2,400,000.
(9) For the construction of the Cadet Development Center,
United States Military Academy, West Point, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999, $28,500,000.
(10) For the construction of the Force XXI Soldier
Development Center, Fort Hood, Texas, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1999, $14,000,000.
(11) For the construction of the Railhead Facility, Fort
Hood, Texas, authorized by section 2101(a) of the Military
Construction Authorization Act of Fiscal Year 1999,
$14,800,000.
(12) For the construction of the Power Plant, Roi Namur
Island, Kwajalein Atoll, Kwajalein, authorized by section
2101(b) of the Military Construction Authorization Act for
Fiscal Year 1999 (112 Stat. 2183), $35,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated pursuant
to paragraphs (1) and (2) of subsection (a);
(2) $80,800,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks
complex renewal at Schofield Barracks, Hawaii); and
(3) $57,492,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks
complex renewal at Fort Bragg, North Carolina).
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $17,020,000
Station, Yuma.
Navy Detachment, Camp $7,560,000
Navajo.
California..................... Marine Corps Air-Ground $34,760,000
Combat Center,
Twentynine Palms.
Marine Corps Base, Camp $31,660,000
Pendleton.
Marine Corps Logistics $4,670,000
Base, Barstow.
Marine Corps Recruit $3,200,000
Depot, San Diego.
Naval Air Station, $24,020,000
Lemoore.
Naval Air Station, $54,420,000
North Island.
Naval Hospital, San $21,590,000
Diego.
Naval Hospital, $7,640,000
Twentynine Palms.
Florida........................ Naval Air Station, $4,750,000
Whiting Field, Milton.
Georgia........................ Marine Corps Logistics $6,260,000
Base, Albany.
Hawaii......................... Camp H.M. Smith........ $86,050,000
Marine Corps Air $5,790,000
Station, Kaneohe Bay.
Naval Shipyard, Pearl $10,610,000
Harbor.
Naval Station, Pearl $18,600,000
Harbor.
Naval Submarine Base, $29,460,000
Pearl Harbor.
Idaho.......................... Naval Surface Warfare $10,040,000
Center, Bayview.
Illinois....................... Naval Training Center, $57,290,000
Great Lakes.
Maine.......................... Naval Air Station, $16,890,000
Brunswick.
Maryland....................... Naval Surface Warfare $10,070,000
Center, Indian Head.
Mississippi.................... Naval Construction $19,170,000
Battalion Center,
Gulfport.
New Hampshire.................. NSY Portsmouth......... $3,850,000
New Jersey..................... Naval Air Warfare $15,710,000
Center Aircraft
Division, Lakehurst.
North Carolina................. Marine Corps Air $5,470,000
Station, New River.
Marine Corps Base, Camp $21,380,000
LeJeune.
Pennsylvania................... Navy Ships Parts $2,990,000
Control Center,
Mechanicsburg.
Naval Shipyard, $13,320,000
Philadelphia.
South Carolina................. Naval Weapons Station, $7,640,000
Charleston.
Marine Corps Air $10,490,000
Station, Beaufort.
Virginia....................... Marine Corps Combat $20,820,000
Development Command,
Quantico.
Naval Air Station, $11,490,000
Oceana.
Naval Shipyard, $17,630,000
Norfolk, Portsmouth.
Naval Station, Norfolk. $69,550,000
Naval Weapons Station, $25,040,000
Yorktown.
Tactical Training Group $10,310,000
Atlantic, Dam Neck.
Washington..................... Naval Ordnance Center $3,440,000
Pacific Division
Detachment, Port
Hadlock.
Puget Sound Naval $15,610,000
Shipyard, Bremerton.
Strategic Weapons $6,300,000
Facility Pacific,
Bremerton.
---------------
Total:............. $742,560,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Administrative Support $83,090,000
Unit.
Diego Garcia................... Naval Support Facility, $8,150,000
Diego Garcia.
Greece......................... Naval Support Activity, $6,380,000
Souda Bay.
Italy.......................... Naval Support Activity, $26,750,000
Naples.
---------------
Total:............. $124,370,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Marine Corps Air Station, 100 Units.................... $17,000,000
Yuma.
Hawaii................................ Marine Corps Air Station, 100 Units.................... $26,615,000
Kaneohe Bay.
Marine Corps Base, 84 Units..................... $22,639,000
Kaneohe Bay.
Naval Base, Pearl Harbor. 133 Units.................... $30,168,000
Naval Base, Pearl Harbor. 96 Units..................... $19,167,000
---------------
Total:................... $115,589,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $17,715,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $165,050,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1999, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $2,076,435,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $672,380,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $124,370,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,342,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,581,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $298,354,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $895,070,000.
(6) For construction of the Berthing Wharf (Increment II),
Naval Station Norfolk, Virginia, authorized by section 2201(a)
of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105-261; 112 Stat. 2186),
$12,690,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated pursuant
to paragraphs (1) and (2) of subsection (a); and
(2) $70,180,000 (the balance of the amount authorized under
section 2201(a) for the construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp H. M. Smith, Hawaii).
SEC. 2205. TECHNICAL MODIFICATION OF AUTHORITY RELATING TO CERTAIN
FISCAL YEAR 1997 PROJECT.
The table in section 2202(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2768) is amended in the item relating to Naval Air
Station Brunswick, Maine, by striking ``92 Units'' in the purpose
column and inserting ``72 Units''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $10,600,000
Alaska......................... Eielson Air Force Base. $24,100,000
Elmendorf Air Force $42,300,000
Base.
Arizona........................ Davis-Monthan Air Force $7,800,000
Base.
California..................... Beale Air Force Base... $8,900,000
Travis Air Force Base.. $7,500,000
Colorado....................... Peterson Air Force Base $33,000,000
Schriever Air Force $9,400,000
Base.
United States Air Force $17,500,000
Academy.
Delaware....................... Dover Air Force Base... $12,000,000
Florida........................ Eglin Air Force Base... $13,600,000
Eglin Auxiliary Field 9 $18,800,000
MacDill Air Force Base. $5,500,000
Patrick Air Force Base. $17,800,000
Georgia........................ Fort Benning........... $3,900,000
Moody Air Force Base... $3,200,000
Robins Air Force Base.. $3,350,000
Hawaii......................... Hickam Air Force Base.. $3,300,000
Idaho.......................... Mountain Home Air Force $17,000,000
Base.
Kansas......................... McConnell Air Force $10,963,000
Base.
Kentucky....................... Fort Campbell.......... $6,300,000
Maryland....................... Andrews Air Force Base. $9,900,000
Massachusetts.................. Hanscom Air Force Base. $16,000,000
Mississippi.................... Columbus Air Force Base $2,600,000
Keesler Air Force Base. $35,900,000
Missouri....................... Whiteman Air Force Base $24,900,000
Montana........................ Malmstrom Air Force $11,600,000
Base.
Nebraska....................... Offutt Air Force Base.. $8,300,000
Nevada......................... Nellis Air Force Base.. $18,600,000
Nellis Air Force Base.. $11,600,000
New Jersey..................... McGuire Air Force Base. $11,800,000
New Mexico..................... Cannon Air Force Base.. $4,000,000
Cannon Air Force Base.. $8,100,000
New York....................... Rome Laboratory........ $25,800,000
North Carolina................. Fort Bragg............. $4,600,000
Pope Air Force Base.... $7,700,000
North Dakota................... Grand Forks Air Force $9,500,000
Base.
Ohio........................... Wright-Patterson Air $22,200,000
Force Base.
Oklahoma....................... Tinker Air Force Base.. $47,400,000
South Carolina................. Charleston Air Force $18,200,000
Base.
South Dakota................... Ellsworth Air Force $10,200,000
Base.
Tennessee...................... Arnold Air Force Base.. $7,800,000
Texas.......................... Dyess Air Force Base... $5,400,000
Lackland Air Force Base $13,400,000
Laughlin Air Force Base $3,250,000
Utah........................... Hill Air Force Base.... $4,600,000
Virginia....................... Langley Air Force Base. $6,300,000
Washington..................... Fairchild Air Force $13,600,000
Base.
McChord Air Force Base. $7,900,000
CONUS Classified............... Classified Location.... $16,870,000
---------------
Total:............. $664,833,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Guam........................... Andersen Air Force Base $8,900,000
Italy.......................... Aviano Air Base........ $3,700,000
Korea.......................... Osan Air Base.......... $19,600,000
Portugal....................... Lajes Field, Azores.... $1,800,000
United Kingdom................. Ascension Island....... $2,150,000
Royal Air Force, $3,000,000
Feltwell.
Royal Air Force, $18,200,000
Lakenheath.
Royal Air Force, $17,600,000
Mildenhall.
Royal Air Force, $1,700,000
Molesworth.
---------------
Total:............. $76,650,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Davis-Monthan Air Force 64 Units..................... $10,000,000
Base.
California............................ Beale Air Force Base..... 60 Units..................... $8,500,000
Edwards Air Force Base... 188 Units.................... $32,790,000
Vandenberg Air Force Base 91 Units..................... $16,800,000
District of Columbia.................. Bolling Air Force Base... 72 Units..................... $9,375,000
Florida............................... Eglin Air Force Base..... 130 Units.................... $14,080,000
MacDill Air Force Base... 54 Units..................... $9,034,000
Mississippi........................... Columbus Air Force Base.. 100 Units.................... $12,290,000
Montana............................... Malmstrom Air Force Base. 34 Units..................... $7,570,000
Nebraska.............................. Offutt Air Force Base.... 72 Units..................... $12,352,000
North Carolina........................ Seymour Johnson Air Force 78 Units..................... $12,187,000
Base.
North Dakota.......................... Grand Forks Air Force 42 Units..................... $10,050,000
Base.
Minot Air Force Base..... 72 Units..................... $10,756,000
Texas................................. Lackland Air Force Base.. 48 Units..................... $7,500,000
Portugal.............................. Lajes Field, Azores...... 75 Units..................... $12,964,000
---------------
Total:................... $186,248,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $17,471,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$129,952,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1999, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$1,931,051,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $651,833,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $76,650,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,741,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $38,264,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $333,671,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $821,892,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed $651,833,000.
SEC. 2305. CONSOLIDATION OF AIR FORCE RESEARCH LABORATORY FACILITIES AT
ROME RESEARCH SITE, ROME, NEW YORK.
The Secretary of the Air Force may accept contributions from the
State of New York in addition to amounts authorized in section
2304(a)(1) for the project authorized by section 2301(a) for Rome
Laboratory, New York, for purposes of carrying out military
construction relating to the consolidation of Air Force Research
Laboratory facilities at the Rome Research Site, Rome, New York.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization Blue Grass Army Depot, $195,800,000
Program. Kentucky..............
Defense Education Activity..... Marine Corps Base, Camp $10,570,000
LeJeune, North
Carolina..............
Laurel Bay, South $2,874,000
Carolina..............
Defense Logistics Agency....... Eielson Air Force Base, $26,000,000
Alaska................
Defense Fuel Supply $23,500,000
Center, Elmendorf Air
Force Base, Alaska....
Defense Distribution $5,000,000
Supply Point, New
Cumberland,
Pennsylvania..........
Fairchild Air Force $12,400,000
Base, Washington......
Various Locations...... $8,900,000
Defense Manpower Data Center... Presidio, Monterey, $28,000,000
California............
National Security Agency....... Fort Meade, Maryland... $2,946,000
Special Operations Command..... Naval Amphibious Base, $6,000,000
Coronado, California..
Fort Benning, Georgia.. $10,200,000
Mississippi Army $12,900,000
Ammunition Plant,
Mississippi...........
Fort Bragg, North $20,100,000
Carolina..............
Fleet Combat Training $4,700,000
Center, Dam Neck,
Virginia..............
Tri-Care Management Agency..... Fort Wainwright, Alaska $133,000,000
Davis-Monthan Air Force $10,000,000
Base, Arizona.........
Los Angeles Air Force $13,600,000
Base, California......
Travis Air Force Base, $7,500,000
California............
Patrick Air Force Base, $1,750,000
Florida...............
Naval Air Station, $3,780,000
Jacksonville, Florida.
Naval Air Station, $4,300,000
Pensacola, Florida....
Moody Air Force Base, $1,250,000
Georgia...............
Fort Riley, Kansas..... $6,000,000
Andrews Air Force Base, $3,000,000
Maryland..............
Naval Air Station, $4,150,000
Patuxent River,
Maryland..............
Marine Corps Air $3,500,000
Station, Cherry Point,
North Carolina........
Wright-Patterson Air $3,900,000
Force Base, Ohio......
Fort Sam Houston, Texas $5,800,000
Cheatham Annex, $1,650,000
Virginia..............
Naval Air Station, $4,050,000
Norfolk, Virginia.....
Fort Lewis, Washington. $5,500,000
Naval Air Station, $4,700,000
Whidbey Island,
Washington............
---------------
Total:............. $587,320,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Andersen Air Force $44,170,000
Base, Guam............
Naval Station Rota, $17,020,000
Spain.................
Royal Air Force, $4,570,000
Feltwell, United
Kingdom...............
Royal Air Force, $3,770,000
Lakenheath, United
Kingdom...............
Defense Logistics Agency....... Andersen Air Force $24,300,000
Base, Guam............
Moron Air Base, Spain.. $15,200,000
National Security Agency....... Royal Air Force, $500,000
Menwith Hill Station,
United Kingdom........
Tri-Care Management Agency..... Naval Security Group $4,000,000
Activity, Sabana Seca,
Puerto Rico...........
Ramstein Air Force $7,100,000
Base, Germany.........
Yongsan, Korea......... $41,120,000
Royal Air Force, $7,100,000
Lakenheath, United
Kingdom...............
Defense-Wide................... Counterdrug Forward $4,880,000
Operating Location,
Antilles..............
Counterdrug Forward $6,726,000
Operating Location,
Costa Rica............
Counterdrug Forward $31,229,000
Operating Location,
Ecuador...............
---------------
Total:............. $211,685,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2405(a)(8)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $50,000.
SEC. 2403. MILITARY FAMILY HOUSING IMPROVEMENT PROGRAM.
Of the amount authorized to be appropriated pursuant to section
2405(a)(8)(C), $78,756,000 shall be available for credit to the
Department of Defense Family Housing Improvement Fund established by
section 2883(a)(1) of title 10, United States Code.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $31,900,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1999, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $1,842,582,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $288,320,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $211,685,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $18,618,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$938,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $33,664,000.
(6) For energy conservation projects authorized by section
2404, $31,900,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $892,911,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $50,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $41,440,000 of which not more than
$35,639,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(C) For credit to the Department of Defense Family
Housing Improvement Fund as authorized by section 2403,
$78,756,000.
(9) For the construction of the Ammunition Demilitarization
Facility, Anniston Army Depot, Alabama, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; Stat.
1758), $7,000,000.
(10) For the construction of the Ammunition
Demilitarization Facility, Pine Bluff Arsenal, Arkansas,
authorized by section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of the
Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 539), section 2408
of the Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105-85; 111 Stat. 1982), and
section 2406 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat.
2197), $61,800,000.
(11) For the construction of the Ammunition
Demilitarization Facility, Umatilla Army Depot, Oregon,
authorized by section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995, as amended by section
2407 of the Military Construction Authorization Act for Fiscal
Year 1996, section 2408 of the Military Construction
Authorization Act for Fiscal Year 1998, and section 2406 of the
Military Construction Authorization Act for Fiscal Year 1999,
$35,900,000.
(12) For the construction of the Ammunition
Demilitarization Facility, Pueblo Chemical Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of
this Act, $11,800,000.
(13) For the construction of the Ammunition
Demilitarization Facility, Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (112 Stat. 2193),
$61,200,000.
(14) For the construction of the Ammunition
Demilitarization Facility, Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999, $66,600,000.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by
law, the total cost of all projects carried out under section 2401 of
this Act may not exceed--
(1) the total amount authorized to be appropriated pursuant
to paragraphs (1) and (2) of subsection (a);
(2) $115,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of the hospital
replacement, Fort Wainwright, Alaska); and
(3) $184,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of the Ammunition
Demilitarization Facility, Blue Grass Army Depot, Kentucky).
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1997 PROJECT.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2775), under the agency heading relating to Chemical
Demilitarization Program, is amended in the item relating to Pueblo
Chemical Activity, Colorado, by striking ``$179,000,000'' in the amount
column and inserting ``$203,500,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1999, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $166,340,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1999, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $189,639,000; and
(B) for the Army Reserve, $104,817,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $28,475,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $232,340,000; and
(B) for the Air Force Reserve, $34,864,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2003.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2003 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1997
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2782), authorizations for the projects
set forth in the tables in subsection (b), as provided in sections
2101, 2202, and 2601 of that Act and amended by section 2406 of this
Act, shall remain in effect until October 1, 2000, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2001, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Navy: Extension of 1997 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Naval Station Mayport.... Family Housing Construction $10,000,000
(100 units).
Maine................................. Naval Station Brunswick.. Family Housing Construction $10,925,000
(72 units).
North Carolina........................ Marine Corps Base Camp Family Housing Construction $10,110,000
Lejuene. (94 units).
South Carolina........................ Marine Corps Air Station Family Housing Construction $14,000,000
Beaufort. (140 units).
Texas................................. Naval Complex Corpus Family Housing Construction $11,675,000
Christi. (104 units).
Naval Air Station Family Housing Construction $7,550,000
Kingsville. (48 units).
Virginia.............................. Marine Corps Combat Sanitary Fill................ $8,900,000
Development Command,
Quantico.
Washington............................ Naval Station Everett.... Family Housing Construction $15,015,000
(100 units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range........... $5,000,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Pueblo Chemical Activity. Ammunition Demilitarization $179,000,000
Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1996
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 541), authorizations for the projects set
forth in the tables in subsection (a), as provided in sections 2202 and
2601 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2199), shall remain in effect until
October 1, 2000, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2001, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Navy: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton........... Family Housing Construction $20,000,000
(138 units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Missouri.............................. National Guard Training Multipurpose Range........... $2,236,000
Site, Jefferson City.
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1999; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Program Changes
SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIREMENTS OF MILITARY
CONSTRUCTION PROJECTS SUPPORTED BY BURDENSHARING FUNDS
UNDERTAKEN FOR WAR OR NATIONAL EMERGENCY.
Section 2350j of title 10, United States Code, is amended--
(1) in subsection (e), by adding at the end the following
new paragraph:
``(3)(A) A military construction project under subsection (d) may
be carried out without regard to the requirement in paragraph (1) and
the limitation in paragraph (2) if the project is necessary to support
the armed forces in the country or region in which the project is
carried out by reason of a declaration of war, or a declaration by the
President of a national emergency pursuant to the National Emergencies
Act (50 U.S.C. 1601 et seq.), that is in force at the time of the
commencement of the project.
``(B) When a decision is made to carry out a military construction
project under subparagraph (A), the Secretary of Defense shall submit
to the congressional committees specified in subsection (g)--
``(i) a notice of the decision; and
``(ii) a statement of the current estimated cost of the
project, including the cost of any real property transaction in
connection with the project.''; and
(2) in subsection (g), by striking ``subsection (e)(1)''
and inserting ``subsection (e)''.
SEC. 2802. PROHIBITION ON CARRYING OUT MILITARY CONSTRUCTION PROJECTS
FUNDED USING INCREMENTAL FUNDING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should request in the budget for each
fiscal year submitted to Congress under section 1105 of title
31, United States Code, sufficient amounts to fund fully each
military construction and family housing construction project
proposed to be authorized in such fiscal year; and
(2) Congress should authorize and appropriate each fiscal
year amounts sufficient to fund fully each military
construction and family housing construction project authorized
in such fiscal year.
(b) Prohibition on Incremental Funding of Military Construction
Projects.--Section 2802 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) The Secretary of Defense and the Secretaries of the military
departments may not obligate funds for a military construction project
(including a military family housing project) otherwise authorized by
law unless the total amount of appropriations allocated for obligation
and expenditure for the project as of the initial obligation of funds
for the project is sufficient, without additional funds, to provide for
the construction of a usable facility meeting the purpose of the
project.''.
SEC. 2803. DEFENSE CHEMICAL DEMILITARIZATION CONSTRUCTION ACCOUNT.
(a) Establishment.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 2814. Defense Chemical Demilitarization Construction Account
``(a) Establishment.--There is established on the books of the
Treasury the Defense Chemical Demilitarization Construction Account (in
this section referred to as the `Account').
``(b) Credits to Account.--There shall be credited to the Account
amounts authorized for and appropriated to the Account.
``(c) Use of Amounts in Account.--Amounts in the Account shall be
available to the Secretary of Defense for carrying out military
construction projects authorized by law in support of the chemical
demilitarization activities of the Department of Defense under section
1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521) and other provisions of law.
``(d) Limitation on Obligation and Expenditure.--(1) Subject to
paragraph (2), amounts appropriated to the Account for a military
construction project shall remain available for obligation and
expenditure for the project in the fiscal year for which appropriated
and the two succeeding fiscal years.
``(2) Amounts appropriated for a military construction project for
a fiscal year shall remain available for the project until expended
without regard to the limitation specified in paragraph (1) if--
``(A) any portion of such amounts are obligated for the
project before the end of the fiscal years referred to in that
paragraph; or
``(B) the availability of such amounts for the project are
otherwise extended by law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that subchapter is amended by adding at the end the following new item:
``2814. Defense Chemical Demilitarization Construction Account.''.
SEC. 2804. LIMITATION ON AUTHORITY REGARDING ANCILLARY SUPPORTING
FACILITIES UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION
AND CONSTRUCTION OF MILITARY HOUSING.
Section 2881 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Any
project''; and
(2) by adding at the end the following new subsection:
``(b) Limitation.--A project referred to in subsection (a) may not
include the acquisition or construction of an ancillary supporting
facility if, as determined by the Secretary concerned, the facility is
to be used for providing merchandise or services in direct competition
with--
``(1) the Army and Air Force Exchange Service;
``(2) the Navy Exchange Service Command;
``(3) a Marine Corps exchange;
``(4) the Defense Commissary Agency; or
``(5) any nonappropriated fund activity of the Department
of Defense for the morale, welfare, and recreation of members
of the armed forces.''.
SEC. 2805. AVAILABILITY OF FUNDS FOR PLANNING AND DESIGN IN CONNECTION
WITH ACQUISITION OF RESERVE COMPONENT FACILITIES.
Section 18233(f)(1) of title 10, United States Code, is amended by
inserting ``and design'' after ``planning''.
SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE COMPONENT FACILITY
PROJECTS FOR CERTAIN SAFETY PROJECTS.
(a) Exemption from Notice and Wait Requirement.--Subsection (a)(2)
of section 18233a of title 10, United States Code, is amended by adding
at the end the following new subparagraph:
``(C) An unspecified minor military construction project
(as defined in section 2805(a) of this title) that is intended
solely to correct a deficiency that is life-threatening,
health-threatening, or safety-threatening.''.
(b) Availability of Operation and Maintenance Funds.--Subsection
(b) of that section is amended to read as follows:
``(b) Under such regulations as the Secretary of Defense may
prescribe, the Secretary may spend from appropriations available for
operation and maintenance amounts necessary to carry out any project
authorized under section 18233(a) of this title costing not more than--
``(1) the amount specified in section 2805(c)(1) of this
title, in the case of a project intended solely to correct a
deficiency that is life-threatening, health-threatening, or
safety-threatening; or
``(2) the amount specified in section 2805(c)(2) of this
title, in the case of any other project.''.
SEC. 2807. EXPANSION OF ENTITIES ELIGIBLE TO PARTICIPATE IN ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Definition of Eligible Entity.--Section 2871 of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8) respectively; and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The term `eligible entity' means any individual,
corporation, firm, partnership, company, State or local
government, or housing authority of a State or local
government.''.
(b) General Authority.--Section 2872 of such title is amended by
striking ``private persons'' and inserting ``eligible entities''.
(c) Direct Loans and Loan Guarantees.--Section 2873 of such title
is amended--
(1) in subsection (a)(1)--
(A) by striking ``persons in private sector'' and
inserting ``an eligible entity''; and
(B) by striking ``such persons'' and inserting
``the eligible entity''; and
(2) in subsection (b)(1)--
(A) by striking ``any person in the private
sector'' and inserting ``an eligible entity''; and
(B) by striking ``the person'' and inserting ``the
eligible entity''.
(d) Investments.--Section 2875 of such title is amended--
(1) in subsection (a), by striking ``nongovernmental
entities'' and inserting ``an eligible entity'';
(2) in subsection (c)--
(A) by striking ``a nongovernmental entity'' both
places it appears and inserting ``an eligible entity'';
and
(B) by striking ``the entity'' each place it
appears and inserting ``the eligible entity'';
(3) in subsection (d), by striking ``nongovernmental'' and
inserting ``eligible''; and
(4) in subsection (e), by striking ``a nongovernmental
entity'' and inserting ``an eligible entity''.
(e) Rental Guarantees.--Section 2876 of such title is amended by
striking ``private persons'' and inserting ``eligible entities''.
(f) Differential Lease Payments.--Section 2877 of such title is
amended by striking ``private''.
(g) Conveyance or Lease of Existing Property and Facilities.--
Section 2878(a) of such title is amended by striking ``private
persons'' and inserting ``eligible entities''.
(h) Clerical Amendments.--(1) The heading of section 2875 of such
title is amended to read as follows:
``Sec. 2875. Investments''.
(2) The table of sections at the beginning of subchapter IV of
chapter 169 of such title is amended by striking the item relating to
section 2875 and inserting the following new item:
``2875. Investments.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASES OF PROPERTY FOR SPECIAL
OPERATIONS ACTIVITIES.
Section 2680(d) of title 10, United States Code, is amended by
striking ``September 30, 2000'' and inserting ``September 30, 2005''.
SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO UTILITY PRIVATIZATION.
(a) Extended Contracts for Utility Services.--Section 2688 of title
10, United States Code, is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Extended Contracts for Utility Services.--(1) The Secretary
concerned may, in connection with a conveyance of a utility system
under this section, enter into a contract for the provision of utility
services.
``(2) Notwithstanding the proviso in section 201(a)(3) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
481(a)(3)), the term of a contract under this subsection may be up to
50 years.''.
(b) Availability of Military Construction Funds to Facilitate
Conveyances.--That section is further amended by inserting after
subsection (f), as added by subsection (a) of this section, the
following new subsection (g):
``(g) Availability of Military Construction Funds to Facilitate
Conveyances.--(1) Funds appropriated for a military construction
project authorized by law for the construction, repair, or replacement
of a utility system to be conveyed under this section may, instead of
being used for the project, be used for a contribution by the Secretary
concerned to the utility company or entity to which the utility system
is being conveyed for the costs of the utility company or entity with
respect to the construction, repair, or replacement of the utility
system.
``(2) The Secretary concerned shall take into account any
contribution under this subsection with respect to a utility system for
purposes of the economic analysis required for the conveyance of the
utility system under subsection (e)(1).''.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. CONVEYANCE OF PROPERTY AT INSTALLATIONS CLOSED OR REALIGNED
UNDER THE BASE CLOSURE LAWS WITHOUT CONSIDERATION FOR
ECONOMIC REDEVELOPMENT PURPOSES.
(a) 1990 Law.--Section 2905(b)(4) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or realigned'' after ``closed'';
and
(B) by inserting ``for purposes of creating jobs at
the installation'' before the period at the end; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B)(i) Subject to clauses (ii) and (iii), the transfer of
property under this paragraph shall be for consideration at the fair
market value of the property.
``(ii) The transfer of property under this paragraph shall be
without consideration in the case of an installation located in a rural
area whose closure or realignment under this part will have a
substantial adverse impact on the economy of the communities in the
vicinity of the installation.
``(iii) The transfer of property of an installation under this
paragraph shall also be without consideration if the redevelopment
authority with respect to the installation--
``(I) provides in the agreement for the transfer of such
property that the proceeds of any sale or lease of such
property, or portion of such property, received by the
redevelopment authority during the period after the date of the
transfer of such property agreed upon by the redevelopment
authority and the Secretary (but not less than 10 years after
that date) shall be used for economic redevelopment of the
installation or related to the installation; and
``(II) accepts control of such property under the agreement
within a reasonable time (as determined by the Secretary) after
the completion of the property disposal record of decision or
the entry of a finding of no significant environmental impact
with respect to the transfer under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(iv) For purposes of clause (iii), the following activities shall
be treated as economic redevelopment of an installation or related to
an installation:
``(I) Road construction or improvement.
``(II) Construction or improvement of transportation
management facilities.
``(III) Construction or improvement of storm and sanitary
sewers.
``(IV) Construction or improvement of facilities for police
or fire protection services.
``(V) Construction or improvement of other public
facilities.
``(VI) Construction or improvement of utilities.
``(VII) Rehabilitation or improvement of buildings,
including preservation of historic property.
``(VIII) Construction, improvement, or acquisition of
pollution prevention equipment or facilities.
``(IX) Demolition of facilities.
``(X) Property management activities, including removal of
hazardous material, landscaping, grading, and other site or
public improvements.
``(XI) Planning and marketing the development and reuse of
the installation.
``(v) An agreement for the transfer of property of an installation
under clause (iii)(I) shall permit the Secretary to recoup from the
redevelopment authority concerned such portion as the Secretary
determines appropriate of the amount of any proceeds of the sale or
lease of the property that the redevelopment authority does not use to
support economic redevelopment of the installation or related to the
installation for the period specified in the agreement.''.
(b) 1988 Law.--Section 204(b)(4) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or realigned'' after ``closed'';
and
(B) by inserting ``for purposes of creating jobs at
the installation'' before the period at the end; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B)(i) Subject to clauses (ii) and (iii), the transfer of
property under this paragraph shall be for consideration at the fair
market value of the property.
``(ii) The transfer of property under this paragraph shall be
without consideration in the case of an installation located in a rural
area whose closure or realignment under this title will have a
substantial adverse impact on the economy of the communities in the
vicinity of the installation.
``(iii) The transfer of property of an installation under this
paragraph shall also be without consideration if the redevelopment
authority with respect to the installation--
``(I) provides in the agreement for the transfer of such
property that the proceeds of any sale or lease of such
property, or portion of such property, received by the
redevelopment authority during the period after the date of the
transfer of such property agreed upon by the redevelopment
authority and the Secretary (but not less than 10 years after
such date) shall be used for economic redevelopment of the
installation or related to the installation; and
``(II) accepts control of such property under the agreement
within a reasonable time (as determined by the Secretary) after
the completion of the property disposal record of decision or
the entry of a finding of no significant environmental impact
with respect to the transfer under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(iv) For purposes of clause (iii), the following activities shall
be treated as economic redevelopment of an installation or related to
an installation:
``(I) Road construction or improvement.
``(II) Construction or improvement of transportation
management facilities.
``(III) Construction or improvement of storm and sanitary
sewers.
``(IV) Construction or improvement of facilities for police
or fire protection services.
``(V) Construction or improvement of other public
facilities.
``(VI) Construction or improvement of utilities.
``(VII) Rehabilitation or improvement of buildings,
including preservation of historic property.
``(VIII) Construction, improvement, or acquisition of
pollution prevention equipment or facilities.
``(IX) Demolition of facilities.
``(X) Property management activities, including removal of
hazardous material, landscaping, grading, and other site or
public improvements.
``(XI) Planning and marketing the development and reuse of
the installation.
``(v) An agreement for the transfer of property of an installation
under clause (iii)(I) shall permit the Secretary to recoup from the
redevelopment authority concerned such portion as the Secretary
determines appropriate of the amount of any proceeds of the sale or
lease of the property that the redevelopment authority does not use to
support economic redevelopment of the installation or related to the
installation for the period specified in the agreement.''.
(c) Applicability to Certain Prior Agreements.--(1)(A) Subject to
subparagraph (B), the Secretary of Defense may modify an agreement for
the transfer of property under section 2905(b)(4) of the Defense Base
Closure and Realignment Act of 1990, or under section 204(b)(4) of the
Defense Authorization Amendments and Base Closure and Realignment Act,
that was entered into before April 21, 1999, for purposes of the
compromise, waiver, adjustment, release, or reduction of any right,
title, claim, lien, or demand of the United States under the agreement.
(B) The Secretary may modify an agreement under this paragraph only
if--
(i) the Secretary determines that, as a result of changed
economic circumstances, the modification is necessary to
provide for economic redevelopment of the installation
concerned or related to that installation;
(ii) the terms of the modification do not require the
return of any payments made to the Secretary under the
agreement before the date of the modification; and
(iii) the terms of the modification do not compromise,
waive, adjust, release, or reduce any right, title, claim,
lien, or demand of the United States under the agreement with
respect to the receipt by the United States of in-kind
consideration.
(C) In modifying an agreement under subparagraph (A), the Secretary
may waive some or all future payments to the United States under the
agreement to the extent that the Secretary determines such waiver is
necessary.
(D) In modifying an agreement under subparagraph (A), the Secretary
and the redevelopment authority concerned shall include in the
agreement provisions consistent with clauses (iii)(I) and (v) of
section 2905(b)(4)(B) of the Defense Base Closure and Realignment Act
of 1990 (as amended by this section), or clauses (iii)(I) and (v) under
section 204(b)(4)(B) of the Defense Authorization Amendments and Base
Closure and Realignment Act (as so amended), as applicable.
(2)(A) The Secretary shall, upon the request of the redevelopment
authority concerned, modify an agreement for the transfer of property
under section 2905(b)(4) of the Defense Base Closure and Realignment
Act of 1990, or under section 204(b)(4) of the Defense Authorization
Amendments and Base Closure and Realignment Act, that was entered into
between April 21, 1999, and the date of the enactment of this Act in
order to conform the agreement to the provisions of subparagraph (B) of
such section 2905(b)(4), as so amended, or subparagraph (B) of such
section 204(b)(4), as so amended.
(B) A modification of an agreement under this paragraph may
compromise, waive, adjust, release, or reduce any right, title, claim,
lien, or demand of the United States under the agreement.
(d) Repeal of Certain Obsolete Authority.--(1) Section 204(b)(4)(D)
of the Defense Authorization Amendments and Base Closure and
Realignment Act is amended--
(A) by striking ``(i)''; and
(B) by striking clause (ii).
(2) Section 2905(b)(4)(D) of the Defense Base Closure and
Realignment Act of 1990 is amended--
(A) by striking ``(i)''; and
(B) by striking clause (ii).
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER, BANGOR, MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the City of Bangor, Maine (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 5 acres and
containing the Army Reserve Center in Bangor, Maine, known as the
Harold S. Slager Army Reserve Center. The parcel has been determined to
be excess to the needs of the Army.
(2) The purpose of the conveyance is to permit the City to use the
property for educational purposes.
(b) Alternative Conveyance Authority.--If at the time of the
conveyance authorized by subsection (a) the Secretary has transferred
jurisdiction over any of the property to be conveyed to the
Administrator of General Services, the Administrator shall make the
conveyance of such property under this section.
(c) Federal Screening.--(1) If any of the property authorized to be
conveyed by subsection (a) of this section is under the jurisdiction of
the Administrator as of the date of the enactment of this Act, the
Administrator shall conduct with respect to such property the screening
for further Federal use otherwise required by subsection (a) of section
2696 of title 10, United States Code.
(2) Subsections (b) through (d) of such section 2696 shall apply to
the screening under paragraph (1) as if the screening were a screening
conducted under subsection (a) of such section 2696. For purposes of
such subsection (b), the date of the enactment of the provision of law
authorizing the conveyance of the property authorized to be conveyed by
this section shall be the date of the enactment of this Act.
(d) Reversionary Interest.--If during the 5-year period beginning
on the date the conveyance authorized by subsection (a) is made the
Secretary determines that the property conveyed under that subsection
is not being used for the purpose specified in paragraph (2) of that
subsection, all right, title, and interest in and to the property shall
revert to the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after an
opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the official having
jurisdiction over the property at the time of the conveyance. The cost
of the survey shall be borne by the City.
(f) Additional Terms and Conditions.--The official having
jurisdiction over the property authorized to be conveyed by subsection
(a) at the time of the conveyance may require such additional terms and
conditions in connection with the conveyance as that official considers
appropriate to protect the interest of the United States.
SEC. 2832. LAND CONVEYANCES, TWIN CITIES ARMY AMMUNITION PLANT,
MINNESOTA.
(a) Conveyance to City Authorized.--The Secretary of the Army may
convey to the City of Arden Hills, Minnesota (in this section referred
to as the ``City''), all right, title, and interest of the United
States in and to a parcel of real property, including improvements
thereon, consisting of approximately 4 acres at the Twin Cities Army
Ammunition Plant, for the purpose of permitting the City to construct a
city hall complex on the parcel.
(b) Conveyance to County Authorized.--The Secretary of the Army may
convey to Ramsey County, Minnesota (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon,
consisting of approximately 35 acres at the Twin Cities Army Ammunition
Plant, for the purpose of permitting the County to construct a
maintenance facility on the parcel.
(c) Consideration.--As a consideration for the conveyances under
this section, the City shall make the city hall complex available for
use by the Minnesota National Guard for public meetings, and the County
shall make the maintenance facility available for use by the Minnesota
National Guard, as detailed in agreements entered into between the
City, County, and the Commanding General of the Minnesota National
Guard. Use of the city hall complex and maintenance facility by the
Minnesota National Guard shall be without cost to the Minnesota
National Guard.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this section
shall be determined by surveys satisfactory to the Secretary. The cost
of the survey shall be borne by the recipient of the real property.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. REPAIR AND CONVEYANCE OF RED BUTTE DAM AND RESERVOIR, SALT
LAKE CITY, UTAH.
(a) Conveyance Required.--The Secretary of the Army may convey,
without consideration, to the Central Utah Water Conservancy District,
Utah (in this section referred to as the ``District''), all right,
title, and interest of the United States in and to the real property,
including the dam, spillway, and any other improvements thereon,
comprising the Red Butte Dam and Reservoir, Salt Lake City, Utah. The
Secretary shall make the conveyance without regard to the department or
agency of the Federal Government having jurisdiction over Red Butte Dam
and Reservoir.
(b) Provision of Funds.--Not later than 60 days after the date of
the enactment of this Act, the Secretary may make funds available to
the District for purposes of the improvement of Red Butte Dam and
Reservoir to meet the standards applicable to the dam and reservoir
under the laws of the State of Utah.
(c) Use of Funds.--The District shall use funds made available to
the District under subsection (b) solely for purposes of improving Red
Butte Dam and Reservoir to meet the standards referred to in that
subsection.
(d) Responsibility for Maintenance and Operation.--Upon the
conveyance of Red Butte Dam and Reservoir under subsection (a), the
District shall assume all responsibility for the operation and
maintenance of Red Butte Dam and Reservoir for fish, wildlife, and
flood control purposes in accordance with the repayment contract or
other applicable agreement between the District and the Bureau of
Reclamation with respect to Red Butte Dam and Reservoir.
(e) Description of Property.--The legal description of the real
property to be conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey shall be
borne by the District.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
PART II--NAVY CONVEYANCES
SEC. 2841. CLARIFICATION OF LAND EXCHANGE, NAVAL RESERVE READINESS
CENTER, PORTLAND, MAINE.
(a) Clarification on Conveyee.--Subsection (a)(1) of section 2852
of the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2220) is amended by
striking ``Gulf of Maine Aquarium Development Corporation, Portland,
Maine (in this section referred to as the `Corporation')'' and
inserting ``Gulf of Maine Aquarium Development Corporation, Portland,
Maine, a non-profit education and research institute (in this section
referred to as the `Aquarium')''.
(b) Conforming Amendments.--That section is further amended by
striking ``the Corporation'' each place it appears and inserting ``the
Aquarium''.
SEC. 2842. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the City of Newport, Rhode Island (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property (together with
any improvements thereon) consisting of approximately 15 acres and
known familiarly as the Ranger Road site. The real property is bounded
by Naval Station Newport, Rhode Island, to the north and west, by the
Town of Middletown, Rhode Island, to the north and east, and by Admiral
Kalbfus Road, the Jai Alai fronton, the Newport City Yard, and the ramp
to Newport Bridge to the south.
(b) Condition.--The conveyance authorized by subsection (a) shall
be subject to the condition that the City use the conveyed property for
one or more of the following purposes:
(1) A satellite campus of the Community College of Rhode
Island.
(2) A center for child day care and early childhood
education.
(3) A center for offices of the Government of the State of
Rhode Island.
(c) Reversionary Interest.--If during the 5-year period beginning
on the date the Secretary makes the conveyance authorized by subsection
(a) the Secretary determines that the conveyed property is not being
used for any of the purposes specified in subsection (b), all right,
title, and interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States shall
have the right of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Legal Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey acceptable to the Secretary. The cost
of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2843. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT NO.
387, DALLAS, TEXAS.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may
convey to the City of Dallas, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to parcels of real property consisting of approximately 314 acres and
comprising the Naval Weapons Industrial Reserve Plant No. 387, Dallas,
Texas.
(2)(A) As part of the conveyance authorized by paragraph (1), the
Secretary may convey to the City such improvements, equipment,
fixtures, and other personal property located on the parcels referred
to in that paragraph as the Secretary determines to be not required by
the Navy for other purposes.
(B) The Secretary may permit the City to review and inspect the
improvements, equipment, fixtures, and other personal property located
on the parcels referred to in paragraph (1) for purposes of the
conveyance authorized by this paragraph.
(b) Authority To Convey Without Consideration.--The conveyance
authorized by subsection (a) may be made without consideration if the
Secretary determines that the conveyance on that basis would be in the
best interests of the United States.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the City--
(1) use the parcels, directly or through an agreement with
a public or private entity, for economic purposes or such other
public purposes as the City determines appropriate; or
(2) convey the parcels to an appropriate public entity for
use for such purposes.
(d) Reversion.--If, during the 5-year period beginning on the date
the Secretary makes the conveyance authorized by subsection (a), the
Secretary determines that the conveyed real property is not being used
for a purpose specified in subsection (c), all right, title, and
interest in and to the property, including any improvements thereon,
shall revert to the United States, and the United States shall have the
right of immediate entry onto the property.
(e) Limitation on Certain Subsequent Conveyances.--(1) Subject to
paragraph (2), if at any time after the Secretary makes the conveyance
authorized by subsection (a) the City conveys any portion of the
parcels conveyed under that subsection to a private entity, the City
shall pay to the United States an amount equal to the fair market value
(as determined by the Secretary) of the portion conveyed at the time of
its conveyance under this subsection.
(2) Paragraph (1) applies to a conveyance described in that
paragraph only if the Secretary makes the conveyance authorized by
subsection (a) without consideration.
(3) The Secretary shall deposit in the General Fund of the Treasury
as miscellaneous receipts any amounts paid the Secretary under this
subsection.
(f) Interim Lease.--(1) Until such time as the real property
described in subsection (a) is conveyed by deed under this section, the
Secretary may continue to lease the property, together with
improvements thereon, to the current tenant under the existing terms
and conditions of the lease for the property.
(2) If good faith negotiations for the conveyance of the property
continue under this section beyond the end of the third year of the
term of the existing lease for the property, the Secretary shall
continue to lease the property to the current tenant of the property
under the terms and conditions applicable to the first three years of
the lease of the property pursuant to the existing lease for the
property.
(g) Maintenance of Property.--(1) Subject to paragraph (2), the
Secretary shall be responsible for maintaining the real property to be
conveyed under this section in its condition as of the date of the
enactment of this Act until such time as the property is conveyed by
deed under this section.
(2) The current tenant of the property shall be responsible for any
maintenance required under paragraph (1) to the extent of the
activities of that tenant at the property during the period covered by
that paragraph.
(h) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(i) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2844. LAND CONVEYANCE, NAVAL TRAINING CENTER, ORLANDO, FLORIDA.
The Secretary of the Navy shall convey all right, title, and
interest of the United States in and to the land comprising the main
base portion of the Naval Training Center and the McCoy Annex Areas,
Orlando, Florida, to the City of Orlando, Florida, in accordance with
the terms and conditions set forth in the Memorandum of Agreement by
and between the United States of America and the City of Orlando for
the Economic Development Conveyance of Property on the Main Base and
McCoy Annex Areas of the Naval Training Center, Orlando, executed by
the Parties on December 9, 1997, as amended.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER,
CALIFORNIA.
(a) Conveyance Authorized.--Notwithstanding any other provision of
law, the Secretary of the Air Force may convey, without consideration,
to the Regents of the University of California, acting on behalf of the
University of California, Davis (in this section referred to as the
``Regents''), all right, title, and interest of the United States in
and to the parcel of real property, including improvements thereon,
consisting of the McClellan Nuclear Radiation Center, California.
(b) Inspection of Property.--The Secretary shall, at an appropriate
time before the conveyance authorized by subsection (a), permit the
Regents access to the property to be conveyed for purposes of such
investigation of the McClellan Nuclear Radiation Center and the atomic
reactor located at the Center as the Regents consider appropriate.
(c) Hold Harmless.--(1)(A) The Secretary may not make the
conveyance authorized by subsection (a) unless the Regents agree to
indemnify and hold harmless the United States for and against the
following:
(i) Any and all costs associated with the decontamination
and decommissioning of the atomic reactor at the McClellan
Nuclear Radiation Center under requirements that are imposed by
the Nuclear Regulatory Commission or any other appropriate
Federal or State regulatory agency.
(ii) Any and all injury, damage, or other liability arising
from the operation of the atomic reactor after its conveyance
under this section.
(B) As consideration for the agreement under subparagraph (A), the
Secretary may pay the Regents an amount determined appropriate by the
Secretary. The amount may not exceed $17,593,000.
(2) Notwithstanding the agreement under paragraph (1), the
Secretary may, as part of the conveyance authorized by subsection (a),
enter into an agreement with the Regents under which agreement the
United States shall indemnify and hold harmless the University of
California for and against any injury, damage, or other liability in
connection with the operation of the atomic reactor at the McClellan
Nuclear Radiation Center after its conveyance under this section that
arises from a defect in the atomic reactor that could not have been
discovered in the course of the inspection carried out under subsection
(b).
(d) Continuing Operation of Reactor.--Until such time as the
property authorized to be conveyed by subsection (a) is conveyed by
deed, the Secretary shall take appropriate actions, including the
allocation of personnel, funds, and other resources, to ensure the
continuing operation of the atomic reactor located at the McClellan
Nuclear Radiation Center in accordance with applicable requirements of
the Nuclear Regulatory Commission and otherwise in accordance with law.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2852. LAND CONVEYANCE, NEWINGTON DEFENSE FUEL SUPPLY POINT, NEW
HAMPSHIRE.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Pease Development Authority, New
Hampshire (in this section referred to as the ``Authority''), all
right, title, and interest of the United States in and to parcels of
real property, together with any improvements thereon, consisting of
approximately 10.26 acres and located in Newington, New Hampshire, the
site of the Newington Defense Fuel Supply Point. The parcels have been
determined to be excess to the needs of the Air Force.
(b) Related Pipeline and Easement.--As part of the conveyance
authorized by subsection (a), the Secretary may convey to the Authority
without consideration all right, title, and interest of the United
States in and to the following:
(1) The pipeline approximately 1.25 miles in length that
runs between the property authorized to be conveyed under
subsection (a) and former Pease Air Force Base, New Hampshire,
and any facilities and equipment related thereto.
(2) An easement consisting of approximately 4.612 acres for
purposes of activities relating to the pipeline.
(c) Alternative Conveyance Authority.--If at the time of the
conveyance authorized by this section the Secretary has transferred
jurisdiction over any of the property to be conveyed to the
Administrator of General Services, the Administrator shall make the
conveyance of such property under this section.
(d) Federal Screening.--(1) If any of the property authorized to be
conveyed by this section is under the jurisdiction of the Administrator
as of the date of the enactment of this Act, the Administrator shall
conduct with respect to such property the screening for further Federal
use otherwise required by subsection (a) of section 2696 of title 10,
United States Code.
(2) Subsections (b) through (d) of such section 2696 shall apply to
the screening under paragraph (1) as if the screening were a screening
conducted under subsection (a) of such section 2696. For purposes of
such subsection (b), the date of the enactment of the provision of law
authorizing the conveyance of the property authorized to be conveyed by
this section shall be the date of the enactment of this Act.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a),
the easement to be conveyed under subsection (b)(2), and the pipeline
to be conveyed under subsection (b)(1) shall be determined by surveys
and other means satisfactory to the official having jurisdiction over
the property or pipeline, as the case may be, at the time of the
conveyance. The cost of any survey or other services performed at the
direction of that official under the preceding sentence shall be borne
by the Authority.
(f) Additional Terms and Conditions.--The official having
jurisdiction over the property to be conveyed under subsection (a), or
the pipeline and easement to be conveyed under subsection (b), at the
time of the conveyance may require such additional terms and conditions
in connection with the conveyance as that official considers
appropriate to protect the interests of the United States.
Subtitle E--Other Matters
SEC. 2861. ACQUISITION OF STATE-HELD INHOLDINGS, EAST RANGE OF FORT
HUACHUCA, ARIZONA.
(a) Acquisition Authorized.--(1) The Secretary of the Interior may
acquire by eminent domain, but with the consent of the State of
Arizona, all right, title, and interest (including any mineral rights)
of the State of Arizona in and to unimproved Arizona State Trust lands
consisting of approximately 1,536.47 acres in the Fort Huachuca East
Range, Cochise County, Arizona.
(2) The Secretary may also acquire by eminent domain, but with the
consent of the State of Arizona, any trust mineral estate of the State
of Arizona located beneath the surface estates of the United States in
one or more parcels of land consisting of approximately 12,943 acres in
the Fort Huachuca East Range, Cochise County, Arizona.
(b) Consideration.--(1) Subject to subsection (c), as consideration
for the acquisition by the United States of Arizona State trust lands
and mineral interests under subsection (a), the Secretary, acting
through the Bureau of Land Management, may convey to the State of
Arizona all right, title, and interest of the United States, or some
lesser interest, in one or more parcels of Federal land under the
jurisdiction of the Bureau of Land Management in the State of Arizona.
(2) The lands or interests in land to be conveyed under this
subsection shall be mutually agreed upon by the Secretary and the State
of Arizona, as provided in subsection (c)(1).
(3) The value of the lands conveyed out of Federal ownership under
this subsection either shall be equal to the value of the lands and
mineral interests received by the United States under subsection (a)
or, if not, shall be equalized by a payment made by the Secretary or
the State of Arizona, as necessary.
(c) Conditions on Conveyance to State.--The Secretary may make the
conveyance described in subsection (b) only if--
(1) the transfer of the Federal lands to the State of
Arizona is acceptable to the State Land Commissioner; and
(2) the conveyance of lands and interests in lands under
subsection (b) is accepted by the State of Arizona as full
consideration for the land and mineral rights acquired by the
United States under subsection (a) and terminates all right,
title, and interest of all parties (other than the United
States) in and to the acquired lands and mineral rights.
(d) Use of Eminent Domain.--The Secretary may acquire the State
lands and mineral rights under subsection (a) pursuant to the laws and
regulations governing eminent domain.
(e) Determination of Fair Market Value.--Notwithstanding any other
provision of law, the value of lands and interests in lands acquired or
conveyed by the United States under this section shall be determined in
accordance with the Uniform Appraisal Standards for Federal Land
Acquisition, as published by the Department of Justice in 1992. The
appraisal shall be subject to the review and acceptance by the Land
Department of the State of Arizona and the Bureau of Land Management.
(f) Descriptions of Land.--The exact acreage and legal descriptions
of the lands and interests in lands acquired or conveyed by the United
States under this section shall be determined by surveys that are
satisfactory to the Secretary of the Interior and the State of Arizona.
(g) Withdrawal of Acquired Lands for Military Purposes.--After
acquisition, the lands acquired by the United States under subsection
(a) may be withdrawn and reserved, in accordance with all applicable
environmental laws, for use by the Secretary of the Army for military
training and testing in the same manner as other Federal lands located
in the Fort Huachuca East Range that were withdrawn and reserved for
Army use through Public Land Order 1471 of 1957.
(h) Additional Terms and Conditions.--The Secretary of the Interior
may require such additional terms and conditions in connection with the
conveyance and acquisition of lands and interests in land under this
section as the Secretary considers to be appropriate to protect the
interests of the United States and any valid existing rights.
(i) Cost Reimbursement.--All costs associated with the processing
of the acquisition of State trust lands and mineral interests under
subsection (a) and the conveyance of public lands under subsection (b)
shall be borne by the Secretary of the Army.
SEC. 2862. DEVELOPMENT OF FORD ISLAND, HAWAII.
(a) In General.--(1) Subject to paragraph (2), the Secretary of the
Navy may exercise any authority or combination of authorities in this
section for the purpose of developing or facilitating the development
of Ford Island, Hawaii, to the extent that the Secretary determines the
development is compatible with the mission of the Navy.
(2) The Secretary may not exercise any authority under this section
until--
(A) the Secretary submits to the appropriate committees of
Congress a master plan for the development of Ford Island; and
(B) a period of 30 calendar days has elapsed following the
date on which the notification is received by those committees.
(b) Conveyance Authority.--(1) The Secretary of the Navy may convey
to any public or private person or entity all right, title, and
interest of the United States in and to any real property (including
any improvements thereon) or personal property under the jurisdiction
of the Secretary in the State of Hawaii that the Secretary determines--
(A) is excess to the needs of the Navy and all of the other
Armed Forces; and
(B) will promote the purpose of this section.
(2) A conveyance under this subsection may include such terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States.
(c) Lease Authority.--(1) The Secretary of the Navy may lease to
any public or private person or entity any real property or personal
property under the jurisdiction of the Secretary in the State of Hawaii
that the Secretary determines--
(A) is not needed for current operations of the Navy and
all of the other Armed Forces; and
(B) will promote the purpose of this section.
(2) A lease under this subsection shall be subject to section
2667(b)(1) of title 10, United States Code, and may include such others
terms as the Secretary considers appropriate to protect the interests
of the United States.
(3) A lease of real property under this subsection may provide
that, upon termination of the lease term, the lessee shall have the
right of first refusal to acquire the real property covered by the
lease if the property is then conveyed under subsection (b).
(4)(A) The Secretary may provide property support services to or
for real property leased under this subsection.
(B) To the extent provided in appropriations Acts, any payment made
to the Secretary for services provided under this paragraph shall be
credited to the appropriation, account, or fund from which the cost of
providing the services was paid.
(d) Acquisition of Leasehold Interest by Secretary.--(1) The
Secretary of the Navy may acquire a leasehold interest in any facility
constructed under subsection (f) as consideration for a transaction
authorized by this section upon such terms as the Secretary considers
appropriate to promote the purpose of this section.
(2) The term of a lease under paragraph (1) may not exceed 10
years, unless the Secretary of Defense approves a term in excess of 10
years for the purpose of this section.
(3) A lease under this subsection may provide that, upon
termination of the lease term, the United States shall have the right
of first refusal to acquire the facility covered by the lease.
(e) Requirement for Competition.--The Secretary of the Navy shall
use competitive procedures for purposes of selecting the recipient of
real or personal property under subsection (b) and the lessee of real
or personal property under subsection (c).
(f) Consideration.--(1) As consideration for the conveyance of real
or personal property under subsection (b), or for the lease of real or
personal property under subsection (c), the Secretary of the Navy shall
accept cash, real property, personal property, or services, or any
combination thereof, in an aggregate amount equal to not less than the
fair market value of the real or personal property conveyed or leased.
(2) Subject to subsection (i), the services accepted by the
Secretary under paragraph (1) may include the following:
(A) The construction or improvement of facilities at Ford
Island.
(B) The restoration or rehabilitation of real property at
Ford Island.
(C) The provision of property support services for property
or facilities at Ford Island.
(g) Notice and Wait Requirements.--The Secretary of the Navy may
not carry out a transaction authorized by this section until--
(1) the Secretary submits to the appropriate committees of
Congress a notification of the transaction, including--
(A) a detailed description of the transaction; and
(B) a justification for the transaction specifying
the manner in which the transaction will meet the
purpose of this section; and
(2) a period of 30 calendar days has elapsed following the
date on which the notification is received by those committees.
(h) Ford Island Improvement Account.--(1) There is established on
the books of the Treasury an account to be known as the ``Ford Island
Improvement Account''.
(2) There shall be deposited into the account the following
amounts:
(A) Amounts authorized and appropriated to the account.
(B) Except as provided in subsection (c)(4)(B), the amount
of any cash payment received by the Secretary for a transaction
under this section.
(i) Use of Account.--(1) Subject to paragraph (2), to the extent
provided in advance in appropriation Acts, funds in the Ford Island
Improvement Account may be used as follows:
(A) To carry out or facilitate the carrying out of a
transaction authorized by this section.
(B) To carry out improvements of property or facilities at
Ford Island.
(C) To obtain property support services for property or
facilities at Ford Island.
(2) To extent that the authorities provided under subchapter IV of
chapter 169 of title 10, United States Code, are available to the
Secretary of the Navy, the Secretary may not use the authorities in
this section to acquire, construct, or improve family housing units,
military unaccompanied housing units, or ancillary supporting
facilities related to military housing at Ford Island.
(3)(A) The Secretary may transfer funds from the Ford Island
Improvement Account to the following funds:
(i) The Department of Defense Family Housing Improvement
Fund established by section 2883(a)(1) of title 10, United
States Code.
(ii) The Department of Defense Military Unaccompanied
Housing Improvement Fund established by section 2883(a)(2) of
that title.
(B) Amounts transferred under subparagraph (A) to a fund referred
to in that subparagraph shall be available in accordance with the
provisions of section 2883 of title 10, United States Code, for
activities authorized under subchapter IV of chapter 169 of that title
at Ford Island.
(j) Inapplicability of Certain Property Management Laws.--Except as
otherwise provided in this section, transactions under this section
shall not be subject to the following:
(1) Sections 2667 and 2696 of title 10, United States Code.
(2) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
(3) Sections 202 and 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483, 484).
(k) Scoring.--Nothing in this section shall be construed to waive
the applicability to any lease entered into under this section of the
budget scorekeeping guidelines used to measure compliance with the
Balanced Budget Emergency Deficit Control Act of 1985.
(l) Conforming Amendments.--Section 2883(c) of title 10, United
States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2862(i)(3)(A)(i) of the
Military Construction Authorization Act for Fiscal Year 2000,
subject to the restrictions on the use of the transferred
amounts specified in that section.''; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
``(E) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2862(i)(3)(A)(ii) of the
Military Construction Authorization Act for Fiscal Year 2000,
subject to the restrictions on the use of the transferred
amounts specified in that section.''.
(m) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' has the
meaning given that term in section 2801(4) of title 10, United
States Code.
(2) The term ``property support service'' means the
following:
(A) Any utility service or other service listed in
section 2686(a) of title 10, United States Code.
(B) Any other service determined by the Secretary
to be a service that supports the operation and
maintenance of real property, personal property, or
facilities.
SEC. 2863. ENHANCEMENT OF PENTAGON RENOVATION ACTIVITIES.
The Secretary of Defense in conjunction with the Pentagon
Renovation Program is authorized to design and construct secure
secretarial office and support facilities and security-related changes
to the METRO entrance at the Pentagon Reservation. The Secretary shall,
not later than January 15, 2000, submit to the congressional defense
committees the estimated cost for the planning, design, construction,
and installation of equipment for these enhancements, together with the
revised estimate for the total cost of the renovation of the Pentagon.
SEC. 2864. ONE-YEAR DELAY IN DEMOLITION OF RADIO TRANSMITTING FACILITY
TOWERS AT NAVAL STATION, ANNAPOLIS, MARYLAND, TO
FACILITATE TRANSFER OF TOWERS.
(a) One-Year Delay.--The Secretary of the Navy may not obligate or
expend any funds for the demolition of the naval radio transmitting
towers described in subsection (b) during the one-year period beginning
on the date of the enactment of this Act.
(b) Covered Towers.--The naval radio transmitting towers described
in this subsection are the three southeastern most naval radio
transmitting towers located at Naval Station, Annapolis, Maryland that
are scheduled for demolition as of the date of enactment of this Act.
(c) Transfer of Towers.--The Secretary may transfer to the State of
Maryland, or the County of Anne Arundel, Maryland, all right, title,
and interest (including maintenance responsibility) of the United
States in and to the towers described in subsection (b) if the State of
Maryland or the County of Anne Arundel, Maryland, as the case may be,
agrees to accept such right, title, and interest (including accrued
maintenance responsibility) during the one-year period referred to in
subsection (a).
SEC. 2865. ARMY RESERVE RELOCATION FROM FORT DOUGLAS, UTAH.
Section 2603 of the National Defense Authorization Act for fiscal
year 1998 (P.L. 105-85) is amended as follows:
``With regard to the conveyance of a portion of Fort Douglas, Utah
to the University of Utah and the resulting relocation of Army Reserve
activities to temporary and permanent relocation facilities, the
Secretary of the Army may accept the funds paid by the University of
Utah or State of Utah to pay costs associated with the conveyance and
relocation. Funds received under this section shall be credited to the
appropriation, fund or account from which the expenses are ordinarily
paid. Amounts so credited shall be available until expended.''.
TITLE XXIX--RENEWAL OF MILITARY LAND WITHDRAWALS
SEC. 2901. FINDINGS.
The Congress finds that--
(1) Public Law 99-606 authorized public land withdrawals
for several military installations, including the Barry M.
Goldwater Air Force Range in Arizona, the McGregor Range in New
Mexico, and Fort Wainwright and Fort Greely in Alaska,
collectively comprising over 4 million acres of public land;
(2) these military ranges provide important military
training opportunities and serve a critical role in the
national security of the United States and their use for these
purposes should be continued;
(3) in addition to their use for military purposes, these
ranges contain significant natural and cultural resources, and
provide important wildlife habitat;
(4) the future use of these ranges is important not only
for the affected military branches, but also for local
residents and other public land users;
(5) the public land withdrawals authorized in 1986 under
Public Law 99-606 were for a period of 15 years, and expire in
November 2001; and
(6) it is important that the renewal of these public land
withdrawals be completed in a timely manner, consistent with
the process established in Public Law 99-606 and other
applicable laws, including the completion of appropriate
environmental impact studies and opportunities for public
comment and review.
SEC. 2902. SENSE OF THE SENATE REGARDING PROPOSAL TO RENEW PUBLIC LAND
WITHDRAWALS.
It is the sense of the Senate that the Secretary of Defense and the
Secretary of the Interior, consistent with their responsibilities and
requirements under applicable laws, should jointly prepare a
comprehensive legislative proposal to renew the public land withdrawals
for the four ranges referenced in section 2901 and transmit such
proposal to the Congress no later than July 1, 1999.
SEC. 2903. SENSE OF SENATE REGARDING WITHDRAWALS OF CERTAIN LANDS IN
ARIZONA.
It is the sense of the Senate that--
(1) it is vital to the national interest that the
withdrawal of the lands withdrawn by section 1(c) of the
Military Lands Withdrawal Act of 1986 (Public Law 99-606),
relating to Barry M. Goldwater Air Force Range and the Cabeza
Prieta National Wildlife Refuge, which would otherwise expire
in 2001, be renewed in 1999;
(2) the renewed withdrawal of such lands is critical to
meet the military training requirements of the Armed Forces and
to provide the Armed Forces with experience necessary to defend
the national interests;
(3) the Armed Forces currently carry out environmental
stewardship of such lands in a comprehensive and focused
manner; and
(4) a continuation in high-quality management of United
States natural and cultural resources is required if the United
States is to preserve its national heritage.
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. WEAPONS ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2000 for weapons activities in carrying out
programs necessary for national security in the amount of
$4,530,000,000, to be allocated as follows:
(1) Stockpile stewardship.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
2000 for stockpile stewardship in carrying out weapons
activities necessary for national security programs in the
amount of $2,248,700,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,748,500,000,
to be allocated as follows:
(i) For operation and maintenance,
$1,615,355,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $133,145,000, to be allocated
as follows:
Project 00-D-103, terascale
simulation facility, Lawrence Livermore
National Laboratory, Livermore,
California, $8,000,000.
Project 00-D-105, strategic
computing complex, Los Alamos National
Laboratory, Los Alamos, New Mexico,
$26,000,000.
Project 00-D-107, joint
computational engineering laboratory,
Sandia National Laboratories,
Albuquerque, New Mexico, $1,800,000.
Project 99-D-102, rehabilitation of
maintenance facility, Lawrence
Livermore National Laboratory,
Livermore, California, $3,900,000.
Project 99-D-103, isotope sciences
facilities, Lawrence Livermore National
Laboratory, Livermore, California,
$2,000,000.
Project 99-D-104, protection of
real property (roof reconstruction,
Phase II), Lawrence Livermore National
Laboratory, Livermore, California,
$2,400,000.
Project 99-D-105, central health
physics calibration facility, Los
Alamos National Laboratory, Los Alamos,
New Mexico, $1,000,000.
Project 99-D-106, model validation
and system certification test center,
Sandia National Laboratories,
Albuquerque, New Mexico, $6,500,000.
Project 99-D-108, renovate existing
roadways, Nevada Test Site, Nevada,
$7,005,000.
Project 97-D-102, dual-axis
radiographic hydrotest facility, Los
Alamos National Laboratory, Los Alamos,
New Mexico, $61,000,000.
Project 96-D-102, stockpile
stewardship facilities revitalization,
Phase VI, various locations,
$2,640,000.
Project 96-D-104, processing and
environmental technology laboratory,
Sandia National Laboratories,
Albuquerque, New Mexico, $10,900,000.
(B) For inertial fusion, $465,700,000, to be
allocated as follows:
(i) For operation and maintenance,
$217,600,000.
(ii) For the following plant project
(including maintenance, restoration, planning,
construction, acquisition, and modification of
facilities, and land acquisition related
thereto), $248,100,000, to be allocated as
follows:
Project 96-D-111, national ignition
facility, Lawrence Livermore National
Laboratory, Livermore, California,
$248,100,000.
(C) For technology partnership and education,
$34,500,000, to be allocated as follows:
(i) For technology partnership,
$15,200,000.
(ii) For education, $19,300,000.
(2) Stockpile management.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
2000 for stockpile management in carrying out weapons
activities necessary for national security programs in the
amount of $2,039,300,000, to be allocated as follows:
(A) For operation and maintenance, $1,880,621,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $158,679,000, to be
allocated as follows:
Project 99-D-122, rapid reactivation,
various locations, $11,700,000.
Project 99-D-127, stockpile management
restructuring initiative, Kansas City Plant,
Kansas City, Missouri, $17,000,000.
Project 99-D-128, stockpile management
restructuring initiative, Pantex Plant
consolidation, Amarillo, Texas, $3,429,000.
Project 99-D-132, stockpile management
restructuring initiative, nuclear material
safeguards and security upgrades project, Los
Alamos National Laboratory, Los Alamos, New
Mexico, $11,300,000.
Project 98-D-123, stockpile management
restructuring initiative, tritium facility
modernization and consolidation, Savannah River
Site, Aiken, South Carolina, $21,800,000.
Project 98-D-124, stockpile management
restructuring initiative, Y-12 Plant
consolidation, Oak Ridge, Tennessee,
$3,150,000.
Project 98-D-125, tritium extraction
facility, Savannah River Site, Aiken, South
Carolina, $33,000,000.
Project 98-D-126, accelerator production of
tritium, various locations, $31,000,000.
Project 97-D-123, structural upgrades,
Kansas City Plant, Kansas City, Missouri,
$4,800,000.
Project 95-D-102, chemistry and metallurgy
research building upgrades, Los Alamos National
Laboratory, Los Alamos, New Mexico,
$18,000,000.
Project 88-D-123, security enhancements,
Pantex Plant, Amarillo, Texas, $3,500,000.
(3) Program direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2000
for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$242,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2000 for environmental restoration and waste
management in carrying out programs necessary for national security in
the amount of $5,532,868,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836; 42 U.S.C. 7274n) in the amount of $1,069,492,000.
(2) Site project and completion.--For site project and
completion in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $980,919,000, to be allocated as follows:
(A) For operation and maintenance, $880,629,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $100,290,000, to be
allocated as follows:
Project 00-D-__, Transuranic waste
treatment, Oak Ridge, Tennessee, $12,000,000.
Project 00-D-400, Site Operations Center,
Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $1,306,000.
Project 99-D-402, tank farm support
services, F&H areas, Savannah River Site,
Aiken, South Carolina, $3,100,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho National
Engineering and Environmental Laboratory,
Idaho, $7,200,000.
Project 98-D-401, H-tank farm storm water
systems upgrade, Savannah River Site, Aiken,
South Carolina, $2,977,000.
Project 98-D-453, plutonium stabilization
and handling system for plutonium finishing
plant, Richland, Washington, $16,860,000.
Project 98-D-700, road rehabilitation,
Idaho National Engineering and Environmental
Laboratory, Idaho, $2,590,000.
Project 97-D-450, Actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $4,000,000.
Project 97-D-470, regulatory monitoring and
bioassay laboratory, Savannah River Site,
Aiken, South Carolina, $12,220,000.
Project 96-D-406, spent nuclear fuels
canister storage and stabilization facility,
Richland, Washington, $24,441,000.
Project 96-D-464, electrical and utility
systems upgrade, Idaho National Engineering and
Environmental Laboratory, Idaho, $11,971,000.
Project 96-D-471, chlorofluorocarbon
heating, ventilation, and air conditioning and
chiller retrofit, Savannah River Site, Aiken,
South Carolina, $931,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $2,000,0000.
(3) Post-2006 completion.--For post-2006 project completion
in carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $2,902,548,000, to be allocated as follows:
(A) For operation and maintenance, $2,847,997,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $54,551,000, to be
allocated as follows:
Project 00-D-401, spent nuclear fuel
treatment and storage facility, title I and II,
Savannah River Site, Aiken, South Carolina,
$7,000,000.
Project 99-D-403, privatization phase I
infrastructure support, Richland, Washington,
$13,988,000.
Project 97-D-402, tank farm restoration and
safe operations, Richland, Washington,
$20,516,000.
Project 94-D-407, initial tank retrieval
systems, Richland, Washington, $4,060,000.
Project 93-D-187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $8,987,000.
(4) Science and technology.--For science and technology in
carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $235,500,000.
(5) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$344,409,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2000 for other defense
activities in carrying out programs necessary for national security in
the amount of $1,821,000,000, to be allocated as follows:
(1) Nonproliferation and national security.--For
nonproliferation and national security, $744,300,000, to be
allocated as follows:
(A) For verification and control technology,
$497,000,000, to be allocated as follows:
(i) For nonproliferation and verification
research and development, $215,000,000.
(ii) For arms control, $276,000,000.
(iii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $6,000,000, to be allocated
as follows:
Project 00-D-192, Nonproliferation
and International Security Centers
(NISC), Los Alamos National Laboratory,
New Mexico, $6,000,000.
(B) For nuclear safeguards and security,
$59,100,000.
(C) For security investigations, $47,000,000.
(D) For emergency management, $21,000,000.
(E) For program direction, $90,450,000.
(F) For HEV Transparency implementation,
$15,750,000.
(G) For international nuclear safety, $34,000,000.
(2) Intelligence.--For intelligence, $36,059,000.
(3) Counterintelligence.--For counterintelligence,
$66,200,000.
(4) Worker and community transition assistance.--For worker
and community transition assistance, $30,000,000, to be
allocated as follows:
(A) For worker and community transition,
$26,500,000.
(B) For program direction, $3,500,000.
(5) Fissile materials control and disposition.--For fissile
materials control and disposition, $200,000,000, to be
allocated as follows:
(A) For operation and maintenance, $129,766,000.
(B) For program direction, $7,343,000.
(C) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $62,891,000, to be
allocated as follows:
Project 00-D-142, Immobilization and
associated processing facility, various
locations, $21,765,000.
Project 99-D-141, pit disassembly and
conversion facility, various locations,
$28,751,000.
Project 99-D-143, mixed oxide fuel
fabrication facility, various locations,
$12,375,000.
(6) Environment, safety, and health.--For environment,
safety, and health, defense, $79,000,000, to be allocated as
follows:
(A) For the Office of Environment, Safety, and
Health (Defense), $54,231,000.
(B) For program direction, $24,769,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $3,000,000.
(8) Naval reactors.--For naval reactors, $675,000,000, to
be allocated as follows:
(A) For naval reactors development, $654,400,000,
to be allocated as follows:
(i) For operation and maintenance,
$630,400,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $24,000,000, to be allocated
as follows:
GPN-101, general plant projects,
various locations, $9,000,000.
Project 98-D-200, site laboratory/
facility upgrade, various locations,
$3,000,000.
Project 90-N-102, expended core
facility dry cell project, Naval
Reactors Facility, Idaho, $12,000,000.
(B) For program direction, $20,600,000.
(b) Adjustment.--(1) The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (7) of subsection (a) reduced by
$12,559,000.
(2) The amount authorized to be appropriated pursuant to subsection
(a)(1)(C) is reduced by $20,000,000 to reflect an offset provided by
user organizations for security investigations.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
(a) Defense Nuclear Waste Disposal.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2000 for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$112,000,000.
(b) Adjustment.--The amount authorized to be appropriated pursuant
to subsection (a) is reduced by $39,000,000.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2000 for privatization
initiatives in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $241,000,000, to be allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $5,000,000.
Project 98-PVT-5, waste disposal, Oak Ridge, Tennessee,
$20,000,000.
Project 97-PVT-1, tank waste remediation system phase I,
Hanford, Washington, $106,000,000.
Project 97-PVT-2, advanced mixed waste treatment facility,
Idaho Falls, Idaho, $110,000,000.
(b) Adjustment.--The amount authorized to be appropriated in
subsection (a) is the sum of the amounts authorized to be appropriated
for the projects set forth in that subsection, reduced by $25,000,000
for use of prior year balances of funds for defense environmental
management privatization.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for
an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by
this title if the total estimated cost of the construction project does
not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by section 3101, 3102, or 3103, or which
is in support of national security programs of the Department of Energy
and was authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than five percent
by a transfer under such paragraph.
(c) Limitation.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide funds for items relating to
activities necessary for national security programs that have a
higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives of any transfer of
funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to paragraph
(2) and except as provided in paragraph (3), before submitting to
Congress a request for funds for a construction project that is in
support of a national security program of the Department of Energy, the
Secretary of Energy shall complete a conceptual design for that
project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including those funds authorized to be appropriated for advance
planning and construction design under sections 3101, 3102, and 3103,
to perform planning, design, and construction activities for any
Department of Energy national security program construction project
that, as determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs of
national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a
report on the activities that the Secretary intends to carry out under
this section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated
for program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2002.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field
office under subsection (a) unless the manager determines that the
transfer is necessary to address a risk to health, safety, or the
environment or to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used
for an item for which Congress has specifically denied funds or for a
new program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in
paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental restoration
or waste management activities necessary for national
security programs of the Department, that is being
carried out by the office, and for which defense
environmental management funds have been authorized and
appropriated before the date of the enactment of this
Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental restoration
and waste management activities necessary for national security
programs.
(f) Duration of Authority.--The managers of the field offices of
the Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 1999, and ending on September
30, 2000.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. PROHIBITION ON USE OF FUNDS FOR CERTAIN ACTIVITIES UNDER
FORMERLY UTILIZED SITE REMEDIAL ACTION PROGRAM.
Notwithstanding any other provision of law, no funds authorized to
be appropriated or otherwise made available by this Act, or by any Act
authorizing appropriations for the military activities of the
Department of Defense or the defense activities of the Department of
Energy for a fiscal year after fiscal year 2000, may be obligated or
expended to conduct treatment, storage, or disposal activities at any
site designated as a site under the Formerly Utilized Site Remedial
Action Program as of the date of the enactment of this Act.
SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF
LEGACY NUCLEAR MATERIALS.
The Secretary of Energy shall continue operations and maintain a
high state of readiness at the F-canyon and H-canyon facilities at the
Savannah River Site, Aiken, South Carolina, and shall provide the
technical staff necessary to operate and so maintain such facilities.
SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.
(a) Program Required.--The Secretary of Energy shall, in
consultation with the Secretary of Defense, carry out a program to
provide for the extension of the effective life of the weapons in the
nuclear weapons stockpile.
(b) Administrative Responsibility for Program.--The program under
subsection (a) shall be a program within the Office of Defense Programs
of the Department of Energy.
(c) Program Plan.--As part of the program under subsection (a), the
Secretary shall develop a long-term plan for the extension of the life
of the weapons in the nuclear weapons stockpile. The plan shall provide
the following:
(1) Mechanisms to provide for the remanufacture of each
weapon design designated by the Secretary for inclusion in the
enduring nuclear weapons stockpile as of the date of the
enactment of this Act.
(2) Mechanisms to expedite the collection of data necessary
for carrying out the program, including data relating to the
aging of materials and components, new manufacturing
techniques, and the replacement or substitution of materials.
(3) Mechanisms to ensure the appropriate assignment of
roles and missions for each Department nuclear weapons
laboratory and production plant, including mechanisms for
allocation of workload, mechanisms to ensure the carrying out
of appropriate modernization activities, and mechanisms to
ensure the retention of skilled personnel.
(4) Mechanisms for allocating funds for activities under
the program, including allocations of funds by weapon type and
facility.
(d) Annual Submittal of Plan.--(1) The Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives the plan developed under subsection (c) not later than
January 1, 2000. The plan shall contain the maximum level of detail
practicable.
(2) The Secretary shall submit to the committees referred to in
paragraph (1) each year after 2000, at the same time as the submission
of the budget for the fiscal year beginning in such year under section
1105 of title 31, United States Code, an update of the plan submitted
under paragraph (1). Each update shall contain the same level of detail
as the plan submitted under paragraph (1).
(e) Sense of Congress Regarding Funding of Program.--It is the
sense of Congress that the President should include in each budget for
a fiscal year submitted to Congress under section 1105 of title 31,
United States Code, sufficient funds to carry out in the fiscal year
covered by such budget the activities under the program under
subsection (a) that are specified in the most current version of the
plan for the program under this section.
SEC. 3134. TRITIUM PRODUCTION.
(a) Production of New Tritium.--The Secretary of Energy shall
produce new tritium to meet the requirements of the Nuclear Weapons
Stockpile Memorandum at the Tennessee Valley Authority Watts Bar or
Sequoyah nuclear power plants consistent with the Secretary's December
22, 1998, decision document designating the Secretary's preferred
tritium production technology.
(b) Support.--To support the method of tritium production set forth
in subsection (a), the Secretary shall design and construct a new
tritium extraction facility in the H-Area of the Savannah River Site,
Aiken, South Carolina.
(c) Design and Engineering Development.--The Secretary shall--
(1) complete preliminary design and engineering development
of the Accelerator Production of Tritium technology design as a
backup source of tritium to the source set forth in subsection
(a) and consistent with the Secretary's December 22, 1998,
decision document; and
(2) make available those funds necessary to complete
engineering development and demonstration, preliminary design,
and detailed design of key elements of the system consistent
with the Secretary's decision document of December 22, 1998.
SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCELERATOR PRODUCTION OF
TRITIUM.
(a) Independent Cost Estimate.--(1) The Secretary of Energy shall
secure an independent cost estimate of the Accelerator Production of
Tritium.
(2) The estimate shall be conducted at the highest possible level,
but in no event at a level below that currently defined by the
Secretary as Type III, ``Sampling Technique''.
(b) Report.--Not later than April 1, 2000, the Secretary shall
submit to the congressional defense committees a report on the
independent cost estimate conducted under subsection (a).
SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.
(a) Initiative for Proliferation Prevention Program.--(1) Not more
than 40 percent of the funds available in any fiscal year after fiscal
year 1999 for the Initiative for Proliferation Prevention program (IPP)
may be obligated or expended by the Department of Energy national
laboratories to carry out or provide oversight of any activities under
that program.
(2)(A) None of the funds available in any fiscal year after fiscal
year 1999 for the Initiative for Proliferation Prevention program may
be used to increase or otherwise supplement the pay or benefits of a
scientist or engineer if the scientist or engineer--
(i) is currently engaged in activities directly related to
the design, development, production, or testing of chemical or
biological weapons or a missile system to deliver such weapons;
or
(ii) was not formerly engaged in activities directly
related to the design, development, production, or testing of
weapons of mass destruction or a missile system to deliver such
weapons.
(B) None of the funds available in any fiscal year after fiscal
year 1999 for the Initiative for Proliferation Prevention program may
be made available to an institute if the institute--
(i) is currently involved in activities described in
subparagraph (A)(i); or
(ii) was not formerly involved in activities described in
subparagraph (A)(ii).
(3)(A) No funds available for the Initiative for Proliferation
Prevention program may be provided to an institute or scientist under
the program if the Secretary of Energy determines that the institute or
scientist has made a scientific or business contact in any way
associated with or related to weapons of mass destruction with a
representative of a country of proliferation concern.
(B) For purposes of this paragraph, the term ``country of
proliferation concern'' means any country so designated by the Director
of Central Intelligence for purposes of the Initiative for
Proliferation Prevention program.
(4)(A) The Secretary of Energy shall prescribe procedures for the
review of projects under the Initiative for Proliferation Prevention
program. The purpose of the review shall be to ensure the following:
(i) That the military applications of such projects, and
any information relating to such applications, is not
inadvertently transferred or utilized for military purposes.
(ii) That activities under the projects are not redirected
toward work relating to weapons of mass destruction.
(iii) That the national security interests of the United
States are otherwise fully considered before the commencement
of the projects.
(B) Not later than 30 days after the date on which the Secretary
prescribes the procedures required by subparagraph (A), the Secretary
shall submit to Congress a report on the procedures. The report shall
set forth a schedule for the implementation of the procedures.
(5)(A) The Secretary shall evaluate the projects carried out under
the Initiative for Proliferation Prevention program for commercial
purposes to determine whether or not such projects are likely to
achieve their intended commercial objectives.
(B) If the Secretary determines as a result of the evaluation that
a project is not likely to achieve its intended commercial objective,
the Secretary shall terminate the project.
(6) It is the sense of Congress that the President should enter
into negotiations with the Russian Government for purposes of
concluding an agreement between the United States Government and the
Russian Government to provide for the permanent exemption from taxation
by the Russian Government of the nonproliferation activities of the
Department of Energy under the Initiative for Proliferation Prevention
program.
(b) Nuclear Cities Initiative.--(1) No amounts authorized to be
appropriated by this title for the Nuclear Cities Initiative may be
obligated or expended for purposes of the initiative until the
Secretary of Energy certifies to Congress that Russia has agreed to
close some of its facilities engaged in work on weapons of mass
destruction.
(2) Notwithstanding a certification under paragraph (1), amounts
authorized to be appropriated by this title for the Nuclear Cities
Initiative may not be obligated or expended for purposes of providing
assistance under the initiative to more than three nuclear cities, and
more than two serial production facilities, in Russia in fiscal year
2000.
(3)(A) The Secretary shall conduct a study of the potential
economic effects of each commercial program proposed under the Nuclear
Cities Initiative before providing assistance for the conduct of the
program. The study shall include an assessment regarding whether or not
the mechanisms for job creation under the program are likely to lead to
the creation of the jobs intended to be created by the program.
(B) If the Secretary determines as a result of the study that the
intended commercial benefits of a program are not likely to be
achieved, the Secretary may not provide assistance for the conduct of
the program.
(4) Not later than January 1, 2000, the Secretary shall submit to
Congress a report describing the participation in or contribution to
the Nuclear Cities Initiative of each department and agency of the
United States Government that participates in or contributes to the
initiative. The report shall describe separately any interagency
participation in or contribution to the initiative.
(c) Report.--(1) Not later than January 1, 2000, the Secretary of
Energy shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the Initiative for
Proliferation Prevention program (IPP) and the Nuclear Cities
Initiative.
(2) The report shall include the following:
(A) A strategic plan for the Initiative for Proliferation
Prevention program and for the Nuclear Cities Initiative, which
shall establish objectives for the program or initiative, as
the case may be, and means for measuring the achievement of
such objectives.
(B) A list of the most successful projects under the
Initiative for Proliferation Prevention program, including for
each such project the name of the institute and scientists who
are participating or have participated in the project, the
number of jobs created through the project, and the manner in
which the project has met the nonproliferation objectives of
the United States.
(C) A list of the institutes and scientists associated with
weapons of mass destruction programs or other defense-related
programs in the states of the former Soviet Union that the
Department seeks to engage in commercial work under the
Initiative for Proliferation Prevention program or the Nuclear
Cities Initiative, including--
(i) a description of the work performed by such
institutes and scientists under such weapons of mass
destruction programs or other defense-related programs;
and
(ii) a description of any work proposed to be
performed by such institutes and scientists under the
Initiative for Proliferation Prevention program or the
Nuclear Cities Initiative.
(d) Nuclear Cities Initiative Defined.--For purposes of this
section, the term ``Nuclear Cities Initiative'' means the initiative
arising pursuant to the March 1998 discussions between the Vice
President of the United States and the Prime Minister of the Russian
Federation and between the Secretary of Energy of the United States and
the Minister of Atomic Energy of the Russian Federation.
Subtitle D--Safeguards, Security, and Counterintelligence at Department
of Energy Facilities
SEC. 3151. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy Facilities
Safeguards, Security, and Counterintelligence Enhancement Act of
1999''.
SEC. 3152. COMMISSION ON SAFEGUARDS, SECURITY, AND COUNTERINTELLIGENCE
AT DEPARTMENT OF ENERGY FACILITIES.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on Safeguards, Security, and
Counterintelligence at Department of Energy Facilities'' (in this
section referred to as the ``Commission'').
(b) Organizational Matters.--(1) The Commission shall be composed
of nine members appointed from among individuals in the public and
private sectors who have significant experience in matters related to
the security of nuclear weapons and materials, the classification of
information, or counterintelligence matters, as follows:
(A) Two shall be appointed by the Chairman of the Committee
on Armed Services of the Senate, in consultation with the
ranking member of that Committee.
(B) One shall be appointed by the ranking member of the
Committee on Armed Services of the Senate, in consultation with
the Chairman of that Committee.
(C) Two shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives, in
consultation with the ranking member of that Committee.
(D) One shall be appointed by the ranking member of the
Committee on Armed Services of the House of Representatives, in
consultation with the Chairman of that Committee.
(E) One shall be appointed by the Secretary of Defense.
(F) One shall be appointed by the Director of the Federal
Bureau of Investigation.
(G) One shall be appointed by the Director of Central
Intelligence.
(2) Members of the Commission shall be appointed for four year
terms, except as follows:
(A) One member initially appointed under paragraph (1)(A)
shall serve a term of two years.
(B) One member initially appointed under paragraph (1)(C)
shall serve a term of two years.
(C) The member initially appointed under paragraph (1)(E)
shall serve a term of two years.
(3) Any vacancy in the Commission shall be filled in the same
manner as the original appointment and shall not affect the powers of
the Commission.
(4)(A) After five members of the Commission have been appointed
under paragraph (1), the Chairman of the Committee on Armed Services of
the Senate, in consultation with the Chairman of the Committee on Armed
Services of the House of Representatives, shall designate the chairman
of the Commission from among the members appointed under paragraph
(1)(A).
(B) The chairman of the Commission may be designated once five
members of the Commission have been appointed under paragraph (1).
(5) The members of the Commission shall be appointed not later than
60 days after the date of the enactment of this Act.
(6) The members of the Commission shall establish procedures for
the activities of the Commission, including procedures for calling
meetings, requirements for quorums, and the manner of taking votes.
(7) The Commission shall meet not less often than once every three
months.
(8) The Commission may commence its activities under this section
upon the designation of the chairman of the Commission under paragraph
(4).
(c) Duties.--(1) The Commission shall, in accordance with this
section, review the safeguards, security, and counterintelligence
activities (including activities relating to information management,
computer security, and personnel security) at Department of Energy
facilities to--
(A) determine the adequacy of those activities to ensure
the security of sensitive information, processes, and
activities under the jurisdiction of the Department against
threats to the disclosure of such information, processes, and
activities; and
(B) make recommendations for actions the Commission
determines as being necessary to ensure that such security is
achieved and maintained.
(2) The activities of the Commission under paragraph (1) shall
include the following:
(A) An analysis of the sufficiency of the Design Threat
Basis documents as a basis for the allocation of resources for
safeguards, security, and counterintelligence activities at the
Department facilities in light of applicable guidance with
respect to such activities, including applicable laws,
Department of Energy orders, Presidential Decision Directives,
and Executive Orders.
(B) Visits to Department facilities to assess the adequacy
of the safeguards, security, and counterintelligence activities
at such facilities.
(C) Evaluations of specific concerns set forth in
Department reports regarding the status of safeguards,
security, or counterintelligence activities at particular
Department facilities or at facilities throughout the
Department.
(D) Reviews of relevant laws, Department orders, and other
requirements relating to safeguards, security, and
counterintelligence activities at Department facilities.
(E) Any other activities relating to safeguards, security,
and counterintelligence activities at Department facilities
that the Secretary of Energy considers appropriate.
(d) Report.--(1) Not later than February 15 each year, the
Commission shall submit to the Secretary of Energy and to the
congressional defense committees a report on the activities of the
Commission during the preceding year. The report shall be submitted in
unclassified form, but may include a classified annex.
(2) Each report--
(A) shall describe the activities of the Commission during
the year covered by the report;
(B) shall set forth proposals for any changes in
safeguards, security, or counterintelligence activities at
Department of Energy facilities that the Commission considers
appropriate in light of such activities; and
(C) may include any other recommendations for legislation
or administrative action that the Commission considers
appropriate.
(e) Personnel Matters.--(1)(A) Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission.
(B) All members of the Commission who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(2) The members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3)(A) The Commission may, without regard to the civil service laws
and regulations, appoint and terminate such personnel as may be
necessary to enable the Commission to perform its duties.
(B) The Commission may fix the compensation of the personnel of the
Commission without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating
to classification of positions and General Schedule pay rates.
(4) Any officer or employee of the United States may be detailed to
the Commission without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(5) The members and employees of the Commission shall hold security
clearances appropriate for the matters considered by the Commission in
the discharge of its duties under this section.
(f) Applicability of FACA.--The provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the activities of the
Commission.
(g) Funding.--(1) From amounts authorized to be appropriated by
sections 3101 and 3103, the Secretary of Energy shall make available to
the Commission not more than $1,000,000 for the activities of the
Commission under this section.
(2) Amounts made available to the Commission under this subsection
shall remain available until expended.
(h) Termination of Department of Energy Security Management
Board.--(1) Section 3161 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251
note) is repealed.
(2) Section 3162 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049; 42 U.S.C. 7274
note) is amended--
(A) by striking ``(a) In General.--''; and
(B) by striking subsection (b).
SEC. 3153. BACKGROUND INVESTIGATIONS OF CERTAIN PERSONNEL AT DEPARTMENT
OF ENERGY FACILITIES.
(a) In General.--The Secretary of Energy shall ensure that an
investigation meeting the requirements of section 145 of the Atomic
Energy Act of 1954 (42 U.S.C. 2165) is made for each Department of
Energy employee, or contractor employee, at a Department of Energy
facility who--
(1) carries out duties or responsibilities in or around a
location where Restricted Data is or may be present; or
(2) has or may have regular access to a location where
Restricted Data is present.
(b) Compliance.--The Secretary shall have one year from the date of
the enactment of this Act to meet the requirement in subsection (a).
SEC. 3154. PLAN FOR POLYGRAPH EXAMINATIONS OF CERTAIN PERSONNEL AT
DEPARTMENT OF ENERGY FACILITIES.
(a) Plan.--(1) Not later than 120 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
congressional defense committees a plan for conducting, as part of the
Department of Energy personnel assurance programs, periodic polygraph
examinations of each Department of Energy employee, or contractor
employee, at a Department of Energy facility who has or may have access
to Restricted Data or Sensitive Compartmented Information. The purpose
of the examinations is to minimize the potential for release or
disclosure of such data or information by such employees.
(2) The plan shall include recommendations for any legislative
action necessary to implement the plan.
(b) Limitation on Use of Funds Pending Submittal of Plan.--Not more
than 50 percent of the amounts authorized to be appropriated or
otherwise made available for the Department of Energy for fiscal year
2000 for travel expenses may be obligated or expended until the date of
the submittal of the plan required by subsection (a).
SEC. 3155. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF DEPARTMENT OF
ENERGY REGULATIONS RELATING TO THE SAFEGUARDING AND
SECURITY OF RESTRICTED DATA.
(a) In General.--Chapter 18 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2271 et seq.) is amended by inserting after section
234A the following new section:
``Sec. 234B. Civil Monetary Penalties for Violations of Department
of Energy Regulations Regarding Security of Classified or Sensitive
Information or Data.--
``a. Any person who has entered into a contract or agreement with
the Department of Energy, or a subcontract or subagreement thereto, and
who violates (or whose employee violates) any applicable rule,
regulation, or order prescribed or otherwise issued by the Secretary
pursuant to this Act relating to the safeguarding or security of
Restricted Data or other classified or sensitive information shall be
subject to a civil penalty of not to exceed $100,000 for each such
violation.
``b. The Secretary shall include in each contract with a contractor
of the Department provisions which provide an appropriate reduction in
the fees or amounts paid to the contractor under the contract in the
event of a violation by the contractor or contractor employee of any
rule, regulation, or order relating to the safeguarding or security of
Restricted Data or other classified or sensitive information. The
provisions shall specify various degrees of violations and the amount
of the reduction attributable to each degree of violation.
``c. The powers and limitations applicable to the assessment of
civil penalties under section 234A shall apply to the assessment of
civil penalties under this section.''.
(b) Clarifying Amendment.--The section heading of section 234A of
that Act (42 U.S.C. 2282a) is amended by inserting ``Safety'' before
``Regulations''.
(c) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 234 the
following new items:
``234A. Civil Monetary Penalties for Violations of Department of Energy
Safety Regulations.
``234B. Civil Monetary Penalties for Violations of Department of Energy
Regulations Regarding Security of
Classified or Sensitive Information or
Data.''.
SEC. 3156. MORATORIUM ON LABORATORY-TO-LABORATORY AND FOREIGN VISITORS
AND ASSIGNMENTS PROGRAMS.
(a) Certification.--(1) The Secretary of Energy, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation shall jointly submit to the committees referred to in
paragraph (3) a certification that each program referred to in
paragraph (2) meets the following conditions:
(A) That the program complies with applicable orders,
regulations, and policies of the Department of Energy relating
to the safeguarding and security of sensitive information and
fulfills any counterintelligence requirements arising under
such orders, regulations, and policies.
(B) That the program complies with Presidential Decision
Directives and similar requirements relating to the
safeguarding and security of sensitive information and fulfills
any counterintelligence requirements arising under such
Directives or requirements.
(C) That the program includes adequate protections against
the inadvertent release of Restricted Data, information
important to the national security of the United States, and
any other sensitive information the disclosure of which might
harm the interests of the United States.
(D) That the program does not pose an undue risk to the
national security interests of the United States.
(2) A program referred to in this paragraph is any program as
follows:
(A) A cooperative program carried out between the
Department of Energy and the People's Republic of China.
(B) A cooperative program carried out between the
Department of Energy and an independent state of the former
Soviet Union.
(C) A cooperative program carried out between the
Department of Energy and any nation designated as sensitive by
the Secretary of State.
(3) The committees referred to in this paragraph are the following:
(A) The Committees on Armed Services and Appropriations and
the Select Committee on Intelligence of the Senate.
(B) The Committees on Armed Services and Appropriations and
the Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Limitation on Use of Funds Pending Certification.--(1) Except
as provided in paragraph (2), no amounts authorized to be appropriated
by section 3101 or 3103 or otherwise made available to the Department
of Energy for fiscal year 2000 may be obligated or expended to conduct
a program referred to in subsection (a)(2), or any studies or planning
in anticipation of such program, beginning on the date that is 45 days
after the date of the enactment of this Act and continuing until 30
days after the date on which the Director of Central Intelligence
submits to the committees referred to in subsection (a)(3) the
certification referred to in subsection (a)(1). The certification shall
be submitted in unclassified form, but may include a classified annex.
(2)(A) The 30-day wait period specified in paragraph (1) for the
obligation and expenditure of funds for a program referred to in
subsection (a)(2) shall not apply if the certification with respect to
the program under subsection (a)(1) is submitted during the 45-day
period beginning on the date of the enactment of this Act.
(B) The limitation in paragraph (1) shall not apply--
(i) to the obligation or expenditure of funds authorized to
be appropriated by title III for activities relating to
cooperative threat reduction with states of the former Soviet
Union; or
(ii) to the obligation or expenditure of funds authorized
to be appropriated by section 3103(a)(1)(A)(ii) for the
materials protection control and accounting program of the
Department.
SEC. 3157. INCREASED PENALTIES FOR MISUSE OF RESTRICTED DATA.
(a) Communication of Restricted Data.--Section 224 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274) is amended--
(1) in clause a., by striking ``$20,000'' and inserting
``$40,000''; and
(2) in clause b., by striking ``$10,000'' and inserting
``$20,000''.
(b) Receipt of Restricted Data.--Section 225 of the Atomic Energy
Act of 1954 (42 U.S.C. 2275) is amended by striking ``$20,000'' and
inserting ``$40,000''.
(c) Disclosure of Restricted Data.--Section 227 of the Atomic
Energy Act of 1954 (42 U.S.C. 2277) is amended by striking ``$2,500''
and inserting ``$5,000''.
SEC. 3158. ORGANIZATION OF DEPARTMENT OF ENERGY COUNTERINTELLIGENCE AND
INTELLIGENCE PROGRAMS AND ACTIVITIES.
(a) Office of Counterintelligence.--Title II of the Department of
Energy Organization Act (42 U.S.C. 7131 et seq.) is amended by adding
at the end the following:
``office of counterintelligence
``Sec. 213. (a) There is within the Department an Office of
Counterintelligence.
``(b)(1) The head of the Office shall be the Director of the Office
of Counterintelligence.
``(2) The Secretary shall, with the concurrence of the Director of
the Federal Bureau of Investigation, designate the head of the office
from among senior executive service employees of the Federal Bureau of
Investigation who have expertise in matters relating to
counterintelligence.
``(3) The Director of the Federal Bureau of Investigation may
detail, on a reimbursable basis, any employee of the Bureau to the
Department for service as Director of the Office. The service of an
employee of the Bureau as Director of the Office shall not result in
any loss of status, right, or privilege by the employee within the
Bureau.
``(4) The Director of the Office shall report directly to the
Secretary.
``(c)(1) The Director of the Office shall develop and ensure the
implementation of security and counterintelligence programs and
activities at Department facilities in order to reduce the threat of
disclosure or loss of classified and other sensitive information at
such facilities.
``(2) The Director of the Office shall be responsible for the
administration of the personnel assurance programs of the Department.
``(3) The Director shall inform the Secretary, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation on a regular basis, and upon specific request by any such
official, regarding the status and effectiveness of the security and
counterintelligence programs and activities at Department facilities.
``(d)(1) Not later than March 1 each year, the Director of the
Office shall submit to the Secretary, the Director of Central
Intelligence, and the Director of the Federal Bureau of Investigation
and to the Committees on Armed Services of the Senate and House of
Representatives a report on the status and effectiveness of the
security and counterintelligence programs and activities at Department
facilities during the preceding year.
``(2) Each report shall include for the year covered by the report
the following:
``(A) A description of the status and effectiveness of the
security and counterintelligence programs and activities at
Department facilities.
``(B) A description of any violation of law or other
requirement relating to intelligence, counterintelligence, or
security at such facilities, including--
``(i) the number of violations that were
investigated; and
``(ii) the number of violations that remain
unresolved.
``(C) A description of the number of foreign visitors to
Department facilities, including the locations of the visits of
such visitors.
``(3) Each report submitted under this subsection to the committees
referred to in paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.''.
(b) Office of Intelligence.--That title is further amended by
adding at the end the following:
``office of intelligence
``Sec. 214. (a) There is within the Department an Office of
Intelligence.
``(b)(1) The head of the Office shall be the Director of the Office
of Intelligence.
``(2) The Director of the Office shall be a senior executive
service employee of the Department.
``(3) The Director of the Office shall report directly to the
Secretary.
``(c) The Director of the Office shall be responsible for the
programs and activities of the Department relating to the analysis of
intelligence with respect to nuclear weapons and materials, other
nuclear matters, and energy security.''.
(c) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 212 the
following items:
``213. Office of Counterintelligence.
``214. Office of Intelligence.''.
SEC. 3159. COUNTERINTELLIGENCE ACTIVITIES AT CERTAIN DEPARTMENT OF
ENERGY FACILITIES.
(a) Assignment of Counterintelligence Personnel.--(1) The Secretary
of Energy shall assign to each Department of Energy facility at which
Restricted Data is located an individual who shall assess security and
counterintelligence matters at that facility.
(2) An individual assigned to a facility under this subsection
shall be stationed at the facility.
(b) Supervision.--Each individual assigned under subsection (a)
shall report directly to the Director of the Office of
Counterintelligence of the Department of Energy.
SEC. 3160. WHISTLEBLOWER PROTECTION.
(a) Program.--The Secretary of Energy shall establish a program to
ensure that an employee of the Department of Energy, or a contractor
employee, may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing to a person or entity referred to
in subsection (b) information relating to the protection of classified
information which the employee or contractor employee reasonably
believes to provide direct and specific evidence of a violation
described in subsection (c).
(b) Covered Persons and Entities.--A person or entity referred to
in this subsection is the following:
(1) A Member of a committee of Congress having primary
responsibility for oversight of the department, agency, or
element of the Federal Government to which the disclosed
information relates.
(2) An employee of Congress who--
(A) is a staff member of a committee of Congress
having primary responsibility for oversight of the
department, agency, or element of the Federal
Government to which the disclosed information relates;
and
(B) has an appropriate security clearance for
access to the information.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Federal Government designated
by the Secretary as authorized to receive information of the
type disclosed.
(c) Covered Violations.--A violation referred to in subsection (a)
is--
(1) a violation of law or Federal regulation;
(2) gross mismanagement, a gross waste of funds, or abuse
of authority; or
(3) a false statement to Congress on an issue of material
fact.
SEC. 3161. INVESTIGATION AND REMEDIATION OF ALLEGED REPRISALS FOR
DISCLOSURE OF CERTAIN INFORMATION TO CONGRESS.
(a) Submittal of Allegations to Inspector General.--A Department of
Energy employee or contractor employee who believes that the employee
has been discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing information referred to in subsection (a) of
section 3160 in accordance with the provisions of that section may
submit a complaint relating to such action to the Inspector General of
the Department of Energy.
(b) Investigation.--(1) For each complaint submitted under
subsection (a), the Inspector General shall--
(A) determine whether or not the complaint is frivolous;
and
(B) if the Inspector General determines the complaint is
not frivolous, conduct an investigation of the complaint.
(2) The Inspector General shall submit a report on each
investigation undertaken under paragraph (1)(B) to--
(A) the employee who submitted the complaint on which the
investigation is based;
(B) the contractor concerned, if any; and
(C) the Secretary of Energy.
(c) Remedial Actions.--(1) If the Secretary determines that an
employee has been subjected to an adverse personnel action referred to
in subsection (a) in contravention of the provisions of section
3160(a), the Secretary shall--
(A) in the case of a Department employee, take appropriate
actions to abate the action; or
(B) in the case of a contractor employee, order the
contractor concerned to take appropriate actions to abate the
action.
(2)(A) If a contractor fails to comply with an order issued under
paragraph (1)(B), the Secretary may file an action for enforcement of
the order in the appropriate United States district court.
(B) In any action brought under subparagraph (A), the court may
grant appropriate relief, including injunctive relief and compensatory
and exemplary damages.
(d) Quarterly Report.--(1) Not later than 30 days after the
commencement of each fiscal quarter, the Inspector General shall submit
to the congressional defense committees a report on the investigations
undertaken under subsection (b)(1)(B) during the preceding fiscal
quarter, including a summary of the results of such investigations.
(2) A report under paragraph (1) shall not identify or otherwise
provide any information on a person submitting a complaint under this
section without the consent of the person.
SEC. 3162. NOTIFICATION TO CONGRESS OF CERTAIN SECURITY AND
COUNTERINTELLIGENCE FAILURES AT DEPARTMENT OF ENERGY
FACILITIES.
(a) Requirement.--The Secretary of Energy, after consultation with
the Director of Central Intelligence and the Director of the Federal
Bureau of Investigation, as appropriate, shall submit to the
congressional defense committees a notification of each serious
security or counterintelligence failure at a Department of Energy
facility that the Secretary considers likely to cause significant harm
or damage to the national security interests of the United States.
(b) Deadline.--The Secretary shall submit a notice under subsection
(a) for a failure covered by that subsection not later than 30 days
after learning of the failure.
(c) Procedures.--The Secretary and the congressional defense
committees shall each establish such procedures as may be necessary to
carry out the provisions of this title.
(d) Protection of Classified and Other Sensitive Information.--(1)
The House of Representatives and the Senate shall each establish, by
rule or resolution of such House, procedures to protect from
unauthorized disclosure classified information, all information
relating to intelligence sources and methods, and sensitive law
enforcement information that is furnished to the congressional defense
committees pursuant to this section.
(2) Such procedures shall be established in consultation with the
Secretary of Energy, the Director of Central Intelligence, and the
Director of the Federal Bureau of Investigation.
(e) Savings Provisions.--(1) Nothing in this section shall be
construed as authority to withhold information from the congressional
defense committees on the grounds that providing the information to
such committees would constitute the unauthorized disclosure of
classified information, information relating to intelligence sources or
methods, or sensitive law enforcement information.
(2) Nothing in this section shall be construed to modify or
supersede any other requirement to report information on intelligence
activities to Congress, including the requirement under section 501 of
the National Security Act of 1947 (50 U.S.C. 413) for the President to
ensure that the intelligence committees are kept fully and currently
informed of the intelligence activities of the United States and for
the intelligence committees to notify promptly other congressional
committees of any matter relating to intelligence activities requiring
the attention of such committees.
SEC. 3163. CONDUCT OF SECURITY CLEARANCES.
(a) Responsibility of Federal Bureau of Investigation.--Section 145
of the Atomic Energy Act of 1954 (42 U.S.C. 2165) is amended by
striking ``the Civil Service Commission'' each place it appears in
subsections a., b., and c. and inserting ``the Federal Bureau of
Investigation''.
(b) Conforming Amendments.--That section is further amended--
(1) by striking subsections d. and f.; and
(2) by redesignating subsections e., g., and h. as
subsections d., e., and f., respectively; and
(3) in subsection d., as so redesignated, by striking
``determine that investigations'' and all that follows and
inserting ``require that investigations be conducted by the
Federal Bureau of Investigation of any group or class covered
by subsections a., b., and c. of this section.''.
(c) Compliance.--The Director of the Federal Bureau of
Investigation shall have one year from the date of the enactment of
this Act to meet the responsibilities of the Bureau under section 145
of the Atomic Energy Act of 1954, as amended by this section.
(d) Report.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of Representatives a
report on the implementation of the responsibilities of the Bureau
under section 145 of the Atomic Energy Act of 1954, as so amended.
(e) Technical Amendment.--Subsection f. of that section, as so
redesignated, is amended by striking ``section 145 b.'' and inserting
``subsection b. of this section''.
SEC. 3164. PROTECTION OF CLASSIFIED INFORMATION DURING LABORATORY-TO-
LABORATORY EXCHANGES.
(a) Provision of Training.--The Secretary of Energy shall ensure
that all Department of Energy employees and Department of Energy
contractor employees participating in laboratory-to-laboratory
cooperative exchange activities are fully trained in matters relating
to the protection of classified information and to potential espionage
and counterintelligence threats.
(b) Countering of Espionage and Intelligence-Gathering Abroad.--(1)
The Secretary shall establish a pool of Department employees and
Department contractor employees who are specially trained to counter
threats of espionage and intelligence-gathering by foreign nationals
against Department employees and Department contractor employees who
travel abroad for laboratory-to-laboratory exchange activities or other
cooperative exchange activities on behalf of the Department.
(2) The Director of Counterintelligence of the Department of Energy
may assign at least one employee from the pool established under
paragraph (1) to accompany a group of Department employees or
Department contractor employees who travel to any nation designated to
be a sensitive country for laboratory-to-laboratory exchange activities
or other cooperative exchange activities on behalf of the Department.
SEC. 3165. DEFINITION.
In this subtitle, the term ``Restricted Data'' has the meaning
given that term in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
Subtitle E--Other Matters
SEC. 3171. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE DEPARTMENT
OF DEFENSE AND DEPARTMENT OF ENERGY.
(a) Administration of Joint Nuclear Weapons Council.--(1)
Subsection (b) of section 179 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) The Council shall meet not less often than once every three
months.''.
(2) Subsection (c) of that section is amended by adding at the end
the following new paragraph:
``(3) If the position of Assistant to the Secretary of Defense for
Nuclear and Chemical and Biological Defense Programs remains vacant for
a period of more than 9 months, the Secretary of Energy shall appoint a
qualified individual to serve as acting staff director of the Council
until the position of Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs is filled.''.
(b) Revitalization of Joint Nuclear Weapons Council.--(1) The
Secretary of Defense and the Secretary of Energy shall jointly prepare
and submit to the Committees on Armed Services of the Senate and the
House of Representatives a plan to revitalize the Joint Nuclear Weapons
Council established by section 179 of title 10, United States Code.
(2) The plan shall include any proposed modification to the
membership or responsibilities of the Council that the Secretaries
jointly determine advisable to enhance the capability of the Council to
ensure the integration of Department of Defense requirements for
nuclear weapons into the programs and budget processes of the
Department of Energy.
(c) Annual Report on Council Activities.--The Secretary of Defense,
shall, after consultation with the Secretary of Energy, submit to the
Committees on Armed Services of the Senate and the House of
Representatives on an annual basis a report on the activities of the
Joint Nuclear Weapons Council. Each report shall include the following:
(1) A description of the activities of the Council during
the 12-month period ending on the date of the report together
with any assessments or studies conducted by the Council during
that period.
(2) A description of the highest priority requirements of
the Department of Defense with respect to the Department of
Energy stockpile stewardship and management program as of that
date.
(3) An assessment of the extent to which the requirements
referred to in paragraph (2) are being addressed by the
Department of Energy as of that date.
(d) Nuclear Mission Management Plan.--The Secretary of Defense
shall develop and implement a plan to ensure the continued reliability
of the capability of the Department of Defense to carry out its nuclear
deterrent mission. The plan shall--
(1) articulate the current policy of the United States on
the role of nuclear weapons and nuclear deterrence in the
conduct of defense and foreign relations matters;
(2) establish stockpile viability and capability
requirements with respect to that mission, including the number
and variety of warheads required;
(3) establish requirements relating to the contractor
industrial base, support infrastructure, and surveillance,
testing, assessment, and certification of nuclear weapons
necessary to support that mission;
(4) take into account requirements for the critical skills,
readiness, training, exercise, and testing of personnel
necessary to meet that mission; and
(5) take into account the relevant programs and plans of
the military departments and the defense agencies with respect
to readiness, sustainment (including research and development),
and modernization of the strategic deterrent forces.
(e) Nuclear Expertise Retention Measures.--(1) The Secretary of
Energy and Secretary of Defense shall jointly submit to the committees
referred to in subsection (c) a plan setting forth the actions that the
Secretaries consider necessary to retain core scientific, engineering,
and technical skills and capabilities within the Department of Energy,
the Department of Defense, and their contractors in order to maintain
the United States nuclear deterrent force indefinitely.
(2) The plan shall include the following elements:
(A) A baseline of current skills and capabilities by
location.
(B) A statement of the skills or capabilities that are at
risk of being lost within the next ten years.
(C) A proposal for recruitment and retention measures to
address the loss of such skills or capabilities.
(D) A proposal for the training and evaluation of personnel
with core scientific, engineering, and technical skills and
capabilities.
(E) A statement of the additional advanced manufacturing
programs and process engineering programs that are required to
maintain the nuclear deterrent force indefinitely.
(F) An assessment of the desirability of establishing a
nuclear weapons workforce reserve to ensure the availability of
the skills and capabilities of present and former employees of
the Department in the event of an urgent future need for such
skills and capabilities.
(f) Reports on Critical Difficulties at Nuclear Weapons
Laboratories.--Section 3159 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842; 42 U.S.C.
7274o) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Inclusion of Reports in Annual Stockpile Certification.--Any
report submitted pursuant to subsection (a) shall also be included with
the decision documents that accompany the annual certification of the
safety and reliability of the United States nuclear weapons stockpile
which is provided to the President for the year in which such report is
submitted.''.
(g) Technical Amendment.--Section 179(f) of title 10, United States
Code, is amended by striking ``the Committee on Armed Services'' and
all that follows through ``House of Representatives'' and inserting
``the Committees on Armed Services and Appropriations of the Senate and
the Committees on Armed Services and Appropriations of the House of
Representatives''.
SEC. 3172. MODIFICATION OF BUDGET AND PLANNING REQUIREMENTS FOR
DEPARTMENT OF ENERGY NATIONAL SECURITY ACTIVITIES.
(a) Enhancement of Annual Five-Year Budget.--(1) Section 3155 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2841; 42 U.S.C. 7271b) is amended--
(A) by redesignating subsection (b) as subsection (c);
(B) by striking subsection (a) and inserting the following
new subsections:
``(a) Requirement.--The Secretary of Energy shall prepare for each
fiscal year after fiscal year 2000 a program and budget plan for the
national security programs of the Department of Energy for the five-
fiscal year period beginning in the year the program and budget plan is
prepared.
``(b) Elements.--Each program and budget plan shall contain the
following:
``(1) The estimated expenditures and proposed
appropriations necessary to support the programs, projects, and
activities of the national security programs of the Department
during the five-fiscal year period covered by the program and
budget plan, expressed in a level of detail comparable to that
contained in the budget submitted by the President to Congress
under section 1105 of title 31, United States Code.
``(2) A description of the anticipated workload
requirements for each Department site during that five-fiscal
year period.''; and
(C) in subsection (c), as so redesignated, by striking
``the budget required'' and inserting ``the program and budget
plan required''.
(2) The section heading of such section is amended by striking
``five-year budget'' and inserting ``five-fiscal year program and
budget plan''.
(b) Additional Requirements for Weapons Activities Budgets.--
Section 3156 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2841; 42 U.S.C. 7271c) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Impact of Budget on Stockpile.--The Secretary shall include
in the materials the Secretary submits to Congress in support of the
budget for any fiscal year after fiscal year 2000 that is submitted by
the President pursuant to section 1105 of title 31, United States Code,
a description of how the funds identified for each program element in
the weapons activities budget of the Department for such fiscal year
will help ensure that the nuclear weapons stockpile is safe and
reliable as determined in accordance with the criteria established
under 3158 of the National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121 note).''.
SEC. 3173. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO PAY
VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Extension.--Notwithstanding subsection (c)(2)(D) of section 663
of the Treasury, Postal Service, and General Government Appropriations
Act, 1997 (Public Law 104-208; 110 Stat. 3009-383; 5 U.S.C. 5597 note),
the Department of Energy may pay voluntary separation incentive
payments to qualifying employees who voluntarily separate (whether by
retirement or resignation) before January 1, 2003.
(b) Exercise of Authority.--The Department shall pay voluntary
separation incentive payments under subsection (a) in accordance with
the provisions of such section 663.
SEC. 3174. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.
(a) Plan.--The Secretary of Energy shall develop a long-term plan
for the integrated management of fissile materials by the Department of
Energy. The plan shall--
(1) identify means of consolidating or integrating the
responsibilities of the Office of Environmental Management, the
Office of Fissile Materials Disposition, the Office of Nuclear
Energy, and the Office of Defense Programs for the treatment,
storage and disposition of fissile materials, and for the waste
streams containing fissile materials, in order to achieve
budgetary and other efficiencies in the discharge of those
responsibilities; and
(2) identify any expenditures necessary at the sites that
are anticipated to have an enduring mission for plutonium
management in order to achieve the integrated management of
fissile materials by the Department.
(b) Submittal to Congress.--The Secretary shall submit the plan
required by subsection (a) to the congressional defense committees not
later than February 1, 2000.
SEC. 3175. USE OF AMOUNTS FOR AWARD FEES FOR DEPARTMENT OF ENERGY
CLOSURE PROJECTS FOR ADDITIONAL CLEANUP PROJECTS AT
CLOSURE PROJECT SITES.
(a) Authority To Use Amounts.--The Secretary of Energy may use an
amount authorized to be appropriated for the payment of award fees for
a Department of Energy closure project for purposes of conducting
additional cleanup activities at the closure project site if the
Secretary--
(1) anticipates that such amount will not be obligated for
payment of award fees in the fiscal year in which such amount
is authorized to be appropriated; and
(2) determines the use will not result in a deferral of the
payment of the award fees for more than 12 months.
(b) Report on Use of Authority.--Not later than 30 days after each
exercise of the authority in subsection (a), the Secretary shall submit
to the congressional defense committees a report the exercise of the
authority.
SEC. 3176. PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT REGARDING
DEPARTMENT OF ENERGY CONSTRUCTION PROJECTS.
(a) Requirement.--(1) The Secretary of Energy shall carry out a
pilot program on use of project management oversight (PMO) services for
Department of Energy construction projects.
(2) The purpose of the pilot program is to provide a basis for
determining whether or not the use of competitively procured, external
project management oversight services on construction projects would
permit the Department to control excessive costs and schedule delays
associated with Department construction projects having large capital
costs.
(b) Projects Covered by Program.--(1) Subject to paragraph (2), the
Secretary shall carry out the pilot program at construction projects
selected by the Secretary. The projects shall include one or more
construction projects authorized pursuant to section 3101 and one
construction project authorized pursuant to section 3102.
(2) The Secretary shall select projects that have capital
construction costs anticipated to be not less than $25,000,000.
(c) Services Under Program.--The project management oversight
services utilized under the pilot program shall include the following
services:
(1) Monitoring the overall progress of a project.
(2) Determining whether or not a project is on schedule.
(3) Determining whether or not a project is within budget.
(4) Determining whether or not a project conforms with
plans and specifications approved by the Department.
(5) Determining whether or not a project is being carried
out efficiently and effectively.
(6) Any other management oversight services that the
Secretary considers appropriate for purposes of the pilot
program.
(d) Procurement of Services Under Program.--Any services procured
under the pilot program shall be acquired--
(1) on a competitive basis; and
(2) from among commercial entities that--
(A) do not currently manage or operate facilities
at a location where the pilot program is being
conducted; and
(B) have an expertise in the management of large
construction projects.
(e) Report.--Not later than February 1, 2000, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on pilot program. The report shall include
the Secretary's assessment of the feasibility and desirability of
utilizing project management oversight services for Department of
Energy construction projects.
SEC. 3177. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT PLANT, NEW
MEXICO.
Section 1433(a) of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 2073) is amended in the second
sentence by striking ``nine additional one-year periods'' and inserting
``fourteen additional one-year periods''.
SEC. 3178. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM THE ROCKY
FLATS PLANT, COLORADO, TO THE WASTE ISOLATION PILOT
PLANT, NEW MEXICO.
(a) Submittal of Proposed Schedule.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Energy shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a proposed schedule for the commencement of shipments
of waste from the Rocky Flats Plant, Colorado, to the Waste Isolation
Pilot Plant, New Mexico.
(b) Elements.--The schedule under subsection (a) shall set forth--
(1) the proposed commencement date of shipments of mixed
transuranic waste from the Rocky Flats Plant to the Waste
Isolation Pilot Plant; and
(2) the proposed commencement date of shipments of unmixed
transuranic waste from the Rocky Flats Plant to the Waste
Isolation Pilot Plant.
(c) Requirements Regarding Schedule.--In preparing the schedule,
the Secretary shall assume the following:
(1) A closure date for the Rocky Flats Plant in 2006.
(2) That all waste that is transferable from the Rocky
Flats Plant to the Waste Isolation Pilot Plant will be removed
from the Rocky Flats Plant by that closure date as specified in
the current 2006 Rocky Flats Plant Closure Plan.
(3) That, to the maximum extent practicable, shipments of
waste from the Rocky Flats Plant to the Waste Isolation Pilot
Plant will be carried out on an expedited schedule, but not
interfere with other shipments of waste to the Waste Isolation
Pilot Plant that are planned as of the date of the enactment of
this Act.
SEC. 3179. COMPTROLLER GENERAL REPORT ON CLOSURE OF ROCKY FLATS
ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.
(a) Report.--Not later than December 31, 2000, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report assessing the progress in the
closure of the Rocky Flats Environmental Technology Site, Colorado.
(b) Report Elements.--The report shall address the following:
(1) How decisions with respect to the future use of the
Rocky Flats Environmental Technology Site effect ongoing
cleanup at the site.
(2) Whether the Secretary of Energy could provide
flexibility to the contractor at the site in order to quicken
the cleanup of the site.
(3) Whether the Secretary could take additional actions
throughout the nuclear weapons complex of the Department of
Energy in order to quicken the closure of the site.
(4) The developments, if any, since the April 1999 report
of the Comptroller General that could alter the pace of the
closure of the site.
(5) The possibility of closure of the site by 2006.
(6) The actions that could be taken by the Secretary or
Congress to ensure that the site would be closed by 2006.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
There are authorized to be appropriated for fiscal year 2000,
$17,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2000, the
National Defense Stockpile Manager may obligate up to $78,700,000 of
the funds in the National Defense Stockpile Transaction Fund for the
authorized uses of such funds under section 9(b)(2) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)),
including the disposal of hazardous materials that are environmentally
sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3302. LIMITATIONS ON PREVIOUS AUTHORITY FOR DISPOSAL OF STOCKPILE
MATERIALS.
(a) Public Law 105-261 Authority.--Section 3303(b) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2263; 50 U.S.C. 98d note) is amended--
(1) by striking ``(b) Limitation on Disposal Quantity.--''
and inserting ``(b) Limitations on Disposal Authority.--(1)'';
and
(2) by adding at the end the following:
``(2) The President may not dispose of materials under this section
in excess of the disposals necessary to result in receipts in the
amounts specified in subsection (a).''.
(b) Public Law 105-85 Authority.--Section 3305(b) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 2058; 50 U.S.C. 98d note) is amended--
(1) by striking ``(b) Limitation on Disposal Quantity.--''
and inserting ``(b) Limitations on Disposal Authority.--(1)'';
and
(2) by adding at the end the following:
``(2) The President may not dispose of cobalt under this section in
excess of the disposals necessary to result in receipts in the amounts
specified in subsection (a).''.
(c) Public Law 104-201 Authority.--Section 3305(b) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2855; 50 U.S.C. 98d note) is amended--
(1) by striking ``(b) Limitation on Disposal Quantity.--''
and inserting ``(b) Limitations on Disposal Authority.--(1)'';
and
(2) by adding at the end the following:
``(2) The President may not dispose of materials under this section
in excess of the disposals necessary to result in receipts in the
amounts specified in subsection (a).''.
TITLE XXXIV--PANAMA CANAL COMMISSION
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 2000''.
SEC. 3402. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama Canal
Commission is authorized to use amounts in the Panama Canal Revolving
Fund to make such expenditures within the limits of funds and borrowing
authority available to it in accordance with law, and to make such
contracts and commitments, as may be necessary under the Panama Canal
Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance,
improvement, and administration of the Panama Canal for the period
October 1, 1999, through noon on December 31, 1999.
(b) Limitations.--For the period described in subsection (a), the
Panama Canal Commission may expend from funds in the Panama Canal
Revolving Fund not more than $25,000 for official reception and
representation expenses, of which--
(1) not more than $7,000 may be used for official reception
and representation expenses of the Supervisory Board of the
Commission;
(2) not more than $3,500 may be used for official reception
and representation expenses of the Secretary of the Commission;
and
(3) not more than $14,500 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3403. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds available to
the Commission shall be available for the purchase and transportation
to the Republic of Panama of replacement passenger motor vehicles, the
purchase price of which shall not exceed $26,000 per vehicle.
SEC. 3404. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this title may be made only in
accordance with the Panama Canal Treaties of 1977 and any law of the
United States implementing those treaties.
SEC. 3405. OFFICE OF TRANSITION ADMINISTRATION.
(a) Expenditures From Panama Canal Commission Dissolution Fund.--
The Office of Transition Administration established under subsection
(b) of section 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a)
is authorized to obligate and expend funds from the Panama Canal
Commission Dissolution Fund established under subsection (c) of such
section for the purposes enumerated in such subsection until the fund
terminates.
(b) Administrative Offices.--The Office of Transition
Administration shall have offices in the Republic of Panama and in
Washington, District of Columbia. The office in Panama shall be subject
to the authority of the United States chief of mission in the Republic
of Panama.
(c) Oversight of Close-Out Activities.--The Panama Canal Commission
shall enter into an agreement with the head of a department or agency
of the Federal Government to supervise the close out of the affairs of
the Commission under section 1305 of the Panama Canal Act of 1979 and
to certify the completion of that function.
Passed the Senate May 27, 1999.
Attest:
Secretary.
106th CONGRESS
1st Session
S. 1059
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2000 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.
_______________________________________________________________________
May 27, 1999
Ordered to be printed as passed