[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1059 Ordered to be Printed with House Amendment (PWAH)]
1st Session
S. 1059
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 1999
Ordered to be printed with the amendment of the House
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of engrossed Senate bill, see copy of bill as passed on May
27, 1999]
_______________________________________________________________________
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. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee program.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army programs.
Sec. 112. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial
facilities without regard to availability
from domestic sources.
Sec. 113. Revision to conditions for award of a second-source
procurement contract for the Family of
Medium Tactical Vehicles.
Subtitle C--Navy Programs
Sec. 121. F/A-18E/F Super Hornet aircraft program.
Subtitle D--Chemical Stockpile Destruction Program
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 142. Alternative technologies for destruction of assembled
chemical weapons.
Subtitle E--Other Matters
Sec. 151. Limitation on expenditures for satellite communications.
Sec. 152. Procurement of firefighting equipment for the Air National
Guard and the Air Force Reserve.
Sec. 153. Cooperative engagement capability 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. Collaborative program to evaluate and demonstrate advanced
technologies for advanced capability combat
vehicles.
Sec. 212. Revisions in manufacturing technology program.
Sec. 213. Sense of Congress regarding defense science and technology
program.
Subtitle C--Ballistic Missile Defense
Sec. 231. Additional program elements for ballistic missile defense
programs.
Subtitle D--Other Matters
Sec. 241. Designation of Secretary of the Army as executive agent for
high energy laser technologies.
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. Transfer to Defense Working Capital Funds to support Defense
Commissary Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Reimbursement of Navy Exchange Service Command for relocation
expenses.
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne
Division.
Sec. 313. Operation and maintenance of Air Force space launch
facilities.
Subtitle C--Environmental Provisions
Sec. 321. Remediation of asbestos and lead-based paint.
Subtitle D--Performance of Functions by Private-Sector Sources
Sec. 331. Expansion of annual report on contracting for commercial and
industrial type functions.
Sec. 332. Congressional notification of A-76 cost comparison waivers.
Sec. 333. Improved evaluation of local economic effect of changing
defense functions to private sector
performance.
Sec. 334. Annual reports on expenditures for performance of depot-level
maintenance and repair workloads by public
and private sectors.
Sec. 335. Applicability of competition requirement in contracting out
workloads performed by depot-level
activities of Department of Defense.
Sec. 336. Treatment of public sector winning bidders for contracts for
performance of depot-level maintenance and
repair workloads formerly performed at
certain military installations.
Sec. 337. Process for modernization of computer systems at Army
computer centers.
Sec. 338. Evaluation of total system performance responsibility
program.
Sec. 339. Identification of core logistics capability requirements for
maintenance and repair of C-17 aircraft.
Subtitle E--Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 342. Continuation of enrollment at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 343. Technical amendments to Defense Dependents' Education Act of
1978.
Subtitle F--Military Readiness Issues
Sec. 351. Independent study of Department of Defense secondary
inventory and parts shortages.
Sec. 352. Independent study of adequacy of department restructured
sustainment and reengineered logistics
product support practices.
Sec. 353. Independent study of military readiness reporting system.
Sec. 354. Review of real property maintenance and its effect on
readiness.
Sec. 355. Establishment of logistics standards for sustained military
operations.
Subtitle G--Other Matters
Sec. 361. Discretionary authority to install telecommunication
equipment for persons performing voluntary
services.
Sec. 362. Contracting authority for defense working capital funded
industrial facilities.
Sec. 363. Clarification of condition on sale of articles and services
of industrial facilities to persons outside
Department of Defense.
Sec. 364. Special authority of disbursing officials regarding automated
teller machines on naval vessels.
Sec. 365. Preservation of historic buildings and grounds at United
States Soldiers' and Airmen's Home,
District of Columbia.
Sec. 366. Clarification of land conveyance authority, United States
Soldiers' and Airmen's Home.
Sec. 367. Treatment of Alaska, Hawaii, and Guam in defense household
goods moving programs.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Appointments to certain senior joint officer positions.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in number of Army and Air Force members in certain
grades authorized to serve on active duty
in support of the Reserves.
Sec. 415. Selected Reserve end strength flexibility.
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. Recommendations for promotion by selection boards.
Sec. 502. Technical amendments relating to joint duty assignments.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Continuation on Reserve active status list to complete
disciplinary action.
Sec. 512. Authority to order reserve component members to active duty
to complete a medical evaluation.
Sec. 513. Eligibility for consideration for promotion.
Sec. 514. Retention until completion of 20 years of service for reserve
component majors and lieutenant commanders
who twice fail of selection for promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Authority to retain reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required
travel for Reserves.
Sec. 518. Financial assistance program for specially selected members
of the Marine Corps Reserve.
Sec. 519. Options to improve recruiting for the Army Reserve.
Subtitle C--Military Technicians
Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.
Sec. 524. Revision to authorities relating to National Guard
technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing
process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status
technicians.
Subtitle D--Service Academies
Sec. 531. Waiver of reimbursement of expenses for instruction at
service academies of persons from foreign
countries.
Sec. 532. Compliance by United States Military Academy with statutory
limit on size of Corps of Cadets.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air
Force Academy.
Sec. 534. Exclusion from certain general and flag officer grade
strength limitations for the
superintendents of the service academies.
Subtitle E--Education and Training
Sec. 541. Establishment of a Department of Defense international
student program at the senior military
colleges.
Sec. 542. Authority for Army War College to award degree of master of
strategic studies.
Sec. 543. Authority for air university to award graduate-level degrees.
Sec. 544. Correction of Reserve credit for participation in health
professional scholarship and financial
assistance program.
Sec. 545. Permanent expansion of ROTC program to include graduate
students.
Sec. 546. Increase in monthly subsistence allowance for senior ROTC
cadets selected for advanced training.
Sec. 547. Contingent funding increase for Junior ROTC program.
Sec. 548. Change from annual to biennial reporting under the Reserve
component Montgomery GI Bill.
Sec. 549. Recodification and consolidation of statutes denying Federal
grants and contracts by certain departments
and agencies to institutions of higher
education that prohibit Senior ROTC units
or military recruiting on campus.
Subtitle F--Decorations and Awards
Sec. 551. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 552 Sense of Congress concerning Presidential Unit Citation for
crew of the U.S.S. INDIANAPOLIS.
Sec. 553. Authority for award of Medal of Honor to Alfred Rascon for
valor during the Vietnam conflict.
Subtitle G--Other Matters
Sec. 561. Revision in authority to order retired members to active
duty.
Sec. 562. Temporary authority for recall of retired aviators.
Sec. 563. Service review agencies covered by professional staffing
requirement.
Sec. 564. Conforming amendment to authorize Reserve officers and
retired regular officers to hold a civil
office while serving on active duty for not
more than 270 days.
Sec. 565. Revision to requirement for honor guard details at funerals
of veterans.
Sec. 566. Purpose and funding limitations for National Guard Challenge
Program.
Sec. 567. Access to secondary school students for military recruiting
purposes.
Sec. 568. Survey of members leaving military service on attitudes
toward military service.
Sec. 569. Improvement in system for assigning personnel to warfighting
units.
Sec. 570. Requirement for Department of Defense regulations to protect
the confidentiality of communications
between dependents and professionals
providing therapeutic or related services
regarding sexual or domestic abuse.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2000 increase in military basic pay and reform of
basic pay rates.
Sec. 602. Pay increases for fiscal years after fiscal year 2000.
Sec. 603. Additional amount available for fiscal year 2000 increase in
basic allowance for housing inside the
United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Aviation career incentive pay for air battle managers.
Sec. 615. Expansion of authority to provide special pay to aviation
career officers extending period of active
duty.
Sec. 616. Diving duty special pay.
Sec. 617. Reenlistment bonus.
Sec. 618. Enlistment bonus.
Sec. 619. Revised eligibility requirements for reserve component prior
service enlistment bonus.
Sec. 620. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 621. Increase in authorized monthly rate of foreign language
proficiency pay.
Sec. 622. Authorization of retention bonus for special warfare officers
extending period of active duty.
Sec. 623. Authorization of surface warfare officer continuation pay.
Sec. 624. Authorization of career enlisted flyer incentive pay.
Sec. 625. Authorization of judge advocate continuation pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing
training duty and not otherwise entitled to
travel and transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making
their first permanent change of station.
Sec. 633. Emergency leave travel cost limitations.
Subtitle D--Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing
new 15-year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E--Other Retired Pay and Survivor Benefit Matters
Sec. 651. Effective date of disability retirement for members dying in
civilian medical facilities.
Sec. 652. Extension of annuity eligibility for surviving spouses of
certain retirement eligible reserve
members.
Sec. 653. Presentation of United States flag to retiring members of the
uniformed services not previously covered.
Sec. 654. Accrual funding for retirement system for commissioned corps
of National Oceanic and Atmospheric
Administration.
Sec. 655. Disability retirement or separation for certain members with
pre-existing conditions.
Subtitle F--Eligibility to Participate in the Thrift Savings Plan
Sec. 661. Authority for members of the uniformed services to contribute
to the thrift savings fund.
Sec. 662. Contributions to thrift savings fund.
Sec. 663. Regulations.
Sec. 664. Effective date.
Subtitle G--Other Matters
Sec. 671. Payments for unused accrued leave as part of reenlistment.
Sec. 672. Clarification of per diem eligibility for military
technicians serving on active duty without
pay outside the United States.
Sec. 673. Overseas special supplemental food program.
Sec. 674. Special compensation for severely disabled uniformed services
retirees.
Sec. 675. Tuition assistance for members deployed in a contingency
operation.
TITLE VII--HEALTH CARE MATTERS
Subtitle A--Health Care Services
Sec. 701. Provision of health care to members on active duty at certain
remote locations.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Continuation of provision of domiciliary and custodial care
for certain CHAMPUS beneficiaries.
Sec. 704. Removal of restrictions on use of funds for abortions in
certain cases of rape or incest.
Subtitle B--TRICARE Program
Sec. 711. Improvements to claims processing under the TRICARE program.
Sec. 712. Authority to waive certain TRICARE deductibles.
Sec. 713. Electronic processing of claims under the TRICARE program.
Sec. 714. Study of rates for provision of medical services; proposal
for certain rate increases.
Sec. 715. Requirements for provision of care in geographically
separated units.
Sec. 716. Improvement of access to health care under the TRICARE
program.
Sec. 717. Reimbursement of certain costs incurred by covered
beneficiaries when referred for care
outside local catchment area.
Sec. 718. Improvement of referral process under TRICARE.
Subtitle C--Other Matters
Sec. 721. Pharmacy benefits program.
Sec. 722. Improvements to third-party payer collection program.
Sec. 723. Authority of Armed Forces medical examiner to conduct
forensic pathology investigations.
Sec. 724. Trauma training center.
Sec. 725. Study on joint operations for the Defense Health Program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Sale, exchange, and waiver authority for coal and coke.
Sec. 802. Extension of authority to issue solicitations for purchases
of commercial items in excess of simplified
acquisition threshold.
Sec. 803. Expansion of applicability of requirement to make certain
procurements from small arms production
industrial base.
Sec. 804. Repeal of termination of provision of credit towards
subcontracting goals for purchases
benefiting severely handicapped persons.
Sec. 805. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 806. Facilitation of national missile defense system.
Sec. 807. Options for accelerated acquisition of precision munitions.
Sec. 808. Program to increase opportunity for small business innovation
in defense acquisition programs.
Sec. 809. Compliance with Buy American Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Limitation on amount available for contracted advisory and
assistance services.
Sec. 902. Responsibility for logistics and sustainment functions of the
Department of Defense.
Sec. 903. Management headquarters and headquarters support activities.
Sec. 904. Further reductions in defense acquisition and support
workforce.
Sec. 905. Center for the Study of Chinese Military Affairs.
Sec. 906. Responsibility within Office of the Secretary of Defense for
monitoring OPTEMPO and PERSTEMPO.
Sec. 907. Report on military space issues.
Sec. 908. Employment and compensation of civilian faculty members of
Department of Defense African Center for
Strategic Studies.
Sec. 909. Additional matters for annual report on joint warfighting
experimentation.
Sec. 910. Defense technology security enhancement.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of prior emergency military personnel
appropriations.
Sec. 1004. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1005. Consolidation of various Department of the Navy trust and
gift funds.
Sec. 1006. Supplemental appropriations request for operations in
Yugoslavia.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revision to congressional notice-and-wait period required
before transfer of a vessel stricken from
the Naval Vessel Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of
Defense.
Sec. 1015. Authority to provide advance payments for the National
Defense Features program.
Subtitle C--Matters Relating to Counter Drug Activities
Sec. 1021. Support for detection and monitoring activities in the
eastern Pacific Ocean.
Sec. 1022. Condition on development of forward operating locations for
United States Southern Command counter-drug
detection and monitoring flights.
Sec. 1023. United States military activities in Colombia.
Sec. 1024. Assignment of members to assist Immigration and
Naturalization Service and Customs Service.
Subtitle D--Other Matters
Sec. 1031. Identification in budget materials of amounts for
declassification activities and limitation
on expenditures for such activities.
Sec. 1032. Notice to congressional committees of compromise of
classified information within defense
programs of the United States.
Sec. 1033. Revision to limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1034. Annual report by Chairman of Joint Chiefs of Staff on the
risks in executing the missions called for
under the National Military Strategy.
Sec. 1035. Requirement to address unit operations tempo and personnel
tempo in Department of Defense annual
report.
Sec. 1036. Preservation of certain defense reporting requirements.
Sec. 1037. Technical and clerical amendments.
Sec. 1038. Contributions for Spirit of Hope endowment fund of United
Service Organizations, Incorporated.
Sec. 1039. Chemical defense training facility.
Sec. 1040. Asia-Pacific Center for security studies.
Sec. 1041. Report on effect of continued Balkan operations on ability
of United States to successfully meet other
regional contingencies.
Sec. 1042. Report on space launch failures.
Sec. 1043. Report on airlift requirements to support national military
strategy.
Sec. 1044. Operations of Naval Academy dairy farm.
Sec. 1045. Inspector General investigation of compliance with Buy
American Act in purchases of free weight
strength training equipment.
Sec. 1046. Performance of threat and risk assessments.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Increase of pay cap for nonappropriated fund senior
executive employees.
Sec. 1102. Restoration of leave for certain Department of Defense
employees who deploy to a combat zone
outside the United States.
Sec. 1103. Expansion of Guard-and-Reserve purposes for which leave
under section 6323 of title 5, United
States Code, may be used.
Sec. 1104. Temporary authority to provide early retirement and
separation incentives for certain civilian
employees.
Sec. 1105. Extension of authority to continue health insurance coverage
for certain Department of Defense
employees.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Report on strategic stability under START III.
Sec. 1202. One-year extension of counterproliferation authorities for
support of United Nations weapons
inspection regime in Iraq.
Sec. 1203. Limitation on military-to-military exchanges with China's
People's Liberation Army.
Sec. 1204. Report on allied capabilities to contribute to major theater
wars.
Sec. 1205. Limitation on funds for Bosnia peacekeeping operations for
fiscal year 2000.
Sec. 1206. Limitation on deployment of United States Armed Forces in
Haiti.
Sec. 1207. Goals for the conflict with the Federal Republic of
Yugoslavia.
Sec. 1208. Report on the security situation on the Korean Peninsula.
Sec. 1209. Annual report on military power of the People's Republic of
China.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds for biological weapons
proliferation prevention activities.
Sec. 1307. Limitation on use of funds until submission of report and
multiyear plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
TITLE XIV--PROLIFERATION AND EXPORT CONTROL MATTERS
Sec. 1401. Report on compliance by the People's Republic of China and
other countries with the missile technology
control regime.
Sec. 1402. Annual report on technology transfers to the People's
Republic of China.
Sec. 1403. Report on implementation of transfer of satellite export
control authority.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology passed to People's Republic of China
and of foreign launch security violations.
Sec. 1406. Report on national security implications of exporting high-
performance computers to the People's
Republic of China.
Sec. 1407. End-use verification for use by People's Republic of China
of high-performance computers.
Sec. 1408. Procedures for review of export of controlled technologies
and items.
Sec. 1409. Notice of foreign acquisition of United States firms in
national security industries.
Sec. 1410. Five-agency inspectors general examination of
countermeasures against acquisition by the
People's Republic of China of militarily
sensitive technology.
Sec. 1411. Office of technology security in Department of Defense.
Sec. 1412. Annual audit of Department of Defense and Department of
Energy policies with respect to technology
transfers to the People's Republic of
China.
Sec. 1413. Resources for export license functions.
Sec. 1414. National security assessment of export licenses.
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. Authorization to accept electrical substation improvements,
Guam.
Sec. 2206. Correction in authorized use of funds, Marine Corps Combat
Development Command, Quantico, Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Plan for completion of project to consolidate Air Force
research laboratory, Rome Research Site,
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 housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Increase in fiscal year 1997 authorization for military
construction projects at Pueblo Chemical
Activity, Colorado.
Sec. 2407. Condition on obligation of military construction funds for
drug interdiction and counter-drug
activities.
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
Changes
Sec. 2801. Contributions for North Atlantic Treaty Organizations
Security Investment.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Restriction on authority to acquire or construct ancillary
supporting facilities for housing units.
Sec. 2804. Planning and design for military construction projects for
reserve components.
Sec. 2805. Limitations on authority to carry out small projects for
acquisition of facilities for reserve
components.
Sec. 2806. 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 lease of land for special
operations activities.
Sec. 2812. Utility privatization authority.
Sec. 2813. Acceptance of funds to cover administrative expenses
relating to certain real property
transactions.
Sec. 2814. Study and report on impacts to military readiness of
proposed land management changes on public
lands in Utah.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Continuation of authority to use Department of Defense Base
Closure Account 1990 for activities
required to close or realign military
installations.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2832. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2833. Land conveyance, Fort Des Moines, Iowa.
Sec. 2834. Land conveyance, Army Maintenance Support Activity (Marine)
Number 84, Marcus Hook, Pennsylvania.
Sec. 2835. Land conveyances, Army docks and related property, Alaska.
Sec. 2836. Land conveyance, Fort Huachuca, Arizona.
Sec. 2837. Land conveyance, Army Reserve Center, Cannon Falls,
Minnesota.
Sec. 2838. Land conveyance, Nike Battery 80 family housing site, East
Hanover Township, New Jersey.
Sec. 2839. Land exchange, Rock Island Arsenal, Illinois.
Sec. 2840. Modification of land conveyance, Joliet Army Ammunition
Plant, Illinois.
Sec. 2841. Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota.
Part II--Navy Conveyances
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Sec. 2852. Land conveyance, Naval and Marine Corps Reserve Center,
Orange, Texas.
Sec. 2853. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Part III--Air Force Conveyances
Sec. 2861. Conveyance of fuel supply line, Pease Air Force Base, New
Hampshire.
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.
Sec. 2863. Land conveyance, Port of Anchorage, Alaska.
Sec. 2864. Land conveyance, Forestport Test Annex, New York.
Sec. 2865. Land conveyance, Mcclellan Nuclear Radiation Center,
California.
Subtitle E--Other Matters
Sec. 2871. Expansion of Arlington National Cemetery.
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.
Sec. 3106. Department of Energy counterintelligence cyber security
program.
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. Limitation on use at Department of Energy laboratories of
funds appropriated for the initiatives for
proliferation prevention program.
Sec. 3132. Prohibition on use for payment of Russian Government taxes
and customs duties of funds appropriated
for the initiatives for proliferation
prevention program.
Sec. 3133. Modification of laboratory-directed research and development
to provide funds for theater ballistic
missile defense.
Sec. 3134. Support of theater ballistic missile defense activities of
the Department of Defense.
Subtitle D--Commission on Nuclear Weapons Management
Sec. 3151. Establishment of commission.
Sec. 3152. Duties of commission.
Sec. 3153. Reports.
Sec. 3154. Powers.
Sec. 3155. Commission procedures.
Sec. 3156. Personnel matters.
Sec. 3157. Miscellaneous administrative provisions.
Sec. 3158. Funding.
Sec. 3159. Termination of the commission.
Subtitle E--Other Matters
Sec. 3161. Procedures for meeting tritium production requirements.
Sec. 3162. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3163. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons
complex.
Sec. 3164. Department of Energy records declassification.
Sec. 3165. Management of nuclear weapons production facilities and
national laboratories.
Sec. 3166. Notice to congressional committees of compromise of
classified information within nuclear
energy defense programs.
Sec. 3167. Department of Energy regulations relating to the
safeguarding and security of restricted
data.
Sec. 3168. Department of Energy counterintelligence polygraph program.
Sec. 3169. Report on counterintelligence and security practices at
national laboratories.
Sec. 3170. Technology transfer coordination for Department of Energy
national laboratories.
Subtitle F--Protection of National Security Information
Sec. 3181. short title.
Sec. 3182. Semi-annual report by the president on espionage by the
People's Republic of China.
Sec. 3183. Report on whether department of energy should continue to
maintain nuclear weapons responsibility.
Sec. 3184. Department of Energy office of foreign intelligence and
Office of Counterintelligence.
Sec. 3185. Counterintelligence program at Department of Energy national
laboratories.
Sec. 3186. Counterintelligence activities at other Department of Energy
facilities.
Sec. 3187. Department of Energy polygraph examinations.
Sec. 3188. Civil monetary penalties for violations of Department of
Energy regulations relating to the
safeguarding and security of restricted
data.
Sec. 3189. Increased penalties for misuse of restricted data.
Sec. 3190. restrictions on access to national laboratories by foreign
visitors from sensitive countries.
Sec. 3191. Requirements relating to access by foreign visitors and
employees to Department of Energy
facilities engaged in defense activities.
Sec. 3192. Annual report on security and counterintelligence standards
at national laboratories and other defense
facilities of the Department of Energy.
Sec. 3193. Report on security vulnerabilities of national laboratory
computers.
Sec. 3194. Government access to classified information on Department of
Energy defense-related computers.
Sec. 3195. Definition of national laboratory.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Elimination of congressionally imposed disposal restrictions
on specific stockpile materials.
TITLE XXXIV--MARITIME ADMINISTRATION
Sec. 3401. Short title.
Sec. 3402. Authorization of appropriations for fiscal year 2000.
Sec. 3403. Amendments to title XI of the Merchant Marine Act, 1936.
Sec. 3404. Extension of war risk insurance authority.
Sec. 3405. Ownership of the JEREMIAH O'BRIEN.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. 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, $1,415,211,000.
(2) For missiles, $1,415,959,000.
(3) For weapons and tracked combat vehicles,
$1,575,096,000.
(4) For ammunition, $1,196,216,000.
(5) For other procurement, $3,799,895,000.
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, $8,804,051,000.
(2) For weapons, including missiles and torpedoes,
$1,764,655,000.
(3) For shipbuilding and conversion, $6,687,172,000.
(4) For other procurement, $4,260,444,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2000 for procurement for the Marine Corps in the amount
of 1,297,463,000.
(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 $612,900,000.
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, $9,647,651,000.
(2) For missiles, $2,303,661,000.
(3) For ammunition, $560,537,000.
(4) For other procurement, $7,077,762,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2000
for Defense-wide procurement in the amount of $2,107,839,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 2000
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $10,000,000.
(2) For the Air National Guard, $10,000,000.
(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,00.
(6) For the Marine Corps Reserve, $10,000,000.
SEC. 106. 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. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 2000
the amount of $1,012,000,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. 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.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2000
for the Department of Defense for carrying out the Defense Export Loan
Guarantee Program under section 2540 of title 10, United States Code,
in the total amount of $1,250,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
(a) Multiyear Procurement Authority.--Subject to subsection (b),
the Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear procurement
contract beginning with the fiscal year 2000 program year for
procurement for each of the following programs.
(1) The Javelin missile system.
(2) M2A3 Bradley fighting vehicles.
(3) AH-64D Longbow Apache attack helicopters.
(4) The M1A2 Abrams main battle tank upgrade program
combined with the Heavy Assault Bridge program.
(b) Required Report.--The Secretary of the Army may not enter into
a multiyear contract under subsection (a) for a program named in one of
the paragraphs of that subsection until the Secretary of Defense
submits to the congressional defense committees a report with respect
to that contract that provides the following information, shown for
each year in the current future-years defense program and in the
aggregate over the period of the current future-years defense program:
(1) The amount of total obligational authority under the
contract and the percentage that such amount represents of (A)
the applicable procurement account, and (B) the service
procurement total.
(2) The amount of total obligational authority under all
Army multiyear procurements (determined without regard to the
amount of the multiyear contract) under multiyear contracts in
effect immediately before the contract under subsection (a) is
entered into and the percentage that such amount represents of
(A) the applicable procurement account, and (B) the service
procurement total.
(3) The amount equal to the sum of the amounts under
paragraphs (1) and (2) and the percentage that such amount
represents of (A) the applicable procurement account, and (B)
the service procurement total.
(4) The amount of total obligational authority under all
Department of Defense multiyear procurements (determined
without regard to the amount of the multiyear contract),
including the contract under subsection (a) and each additional
multiyear contract authorized by this Act, and the percentage
that such amount represents of the procurement accounts of the
Department of Defense treated in the aggregate.
(5) For purposes of this subsection:
(A) The term ``applicable procurement account'' means, with
respect to the multiyear contract under subsection (a), the
Department of the Army procurement account from which funds to
discharge obligations under the contract will be provided.
(B) The term ``service procurement total'' means, with
respect to the multiyear contract under subsection (a), the
procurement accounts of the Army treated in the aggregate.
SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES
WITHOUT REGARD TO AVAILABILITY FROM DOMESTIC SOURCES.
Section 141 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) is amended--
(1) in subsection (a), by striking ``fiscal years 1998 and
1999'' and inserting ``fiscal years 1998 through 2001'';
(2) in subsection (b), by striking ``fiscal year 1998 or
1999'' and inserting ``the period during which the pilot
program is being conducted''; and
(3) by adding at the end the following new subsection:
``(d) Update of Report.--Not later March 1, 2001, the Inspector
General of the Department of Defense shall submit to Congress an update
of the report required to be submitted under subsection (c) and an
assessment of the success of the pilot program.''.
SEC. 113. REVISION TO CONDITIONS FOR AWARD OF A SECOND-SOURCE
PROCUREMENT CONTRACT FOR THE FAMILY OF MEDIUM TACTICAL
VEHICLES.
The text of section 112 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1973) is amended to read as follows:
``(a) Limitation on Second-Source Award.--The Secretary of the Army
may award a full-rate production contract (known as a Phase III
contract) for production of the Family of Medium Tactical Vehicles to a
second source only after the Secretary submits to the congressional
defense committees a certification in writing of the following:
``(1) That the total quantity of trucks within the Family
of Medium Tactical Vehicles program that the Secretary will
require to be delivered (under all contracts) in any 12-month
period will be sufficient to enable the prime contractor to
maintain a minimum production level of 150 trucks per month.
``(2) That the total cost to the Army of the procurements
under the prime and second-source contracts over the period of
those contracts will be the same as or lower than the amount
that would be the total cost of the procurements if such a
second-source contract were not awarded.
``(3) That the trucks to be produced under those contracts
will be produced with common components that will be
interchangeable among similarly configured models.
``(b) Definitions.--In this section:
``(1) The term `prime contractor' means the contractor
under the production contract for the Family of Medium Tactical
Vehicles program as of the date of the enactment of this Act.
``(2) The term `second source' means a firm other than the
prime contractor.''.
Subtitle C--Navy Programs
SEC. 121. F/A-18E/F SUPER HORNET AIRCRAFT PROGRAM.
(a) Multiyear Procurement Authority.--Subject to subsection (b) and
(c), the Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear procurement
contract beginning with the fiscal year 2000 program year for
procurement for the F/A-18E/F aircraft program.
(b) Required Report.--The Secretary of the Navy may not enter into
a multiyear contract under subsection (a) until the Secretary of
Defense submits to the congressional defense committees a report with
respect to that contract that provides the following information, shown
for each year in the current future-years defense program and in the
aggregate over the period of the current future-years defense program:
(1) The amount of total obligational authority under the
contract and the percentage that such amount represents of (A)
the applicable procurement account, and (B) the service
procurement total.
(2) The amount of total obligational authority under all
Navy multiyear procurements (determined without regard to the
amount of the multiyear contract) under multiyear contracts in
effect immediately before the contract under subsection (a) is
entered into and the percentage that such amount represents of
(A) the applicable procurement account, and (B) the service
procurement total.
(3) The amount equal to the sum of the amounts under
paragraphs (1) and (2) and the percentage that such amount
represents of (A) the applicable procurement account, and (B)
the service procurement total.
(4) The amount of total obligational authority under all
Department of Defense multiyear procurements (determined
without regard to the amount of the multiyear contract),
including the contract under subsection (a) and each additional
multiyear contract authorized by this Act, and the percentage
that such amount represents of the procurement accounts of the
Department of Defense treated in the aggregate.
(5) For purposes of this subsection:
(A) The term ``applicable procurement account'' means, with
respect to the multiyear contract under subsection (a), the
Aircraft Procurement, Navy account.
(B) The term ``service procurement total'' means, with
respect to the multiyear contract under subsection (a), the
procurement accounts of the Navy treated in the aggregate.
(c) Limitation With Respect To Operational Test and Evaluation.--
The Secretary of the Navy may not enter into a multiyear procurement
contract authorized by subsection (a) until--
(1) the Secretary of Defense submits to the congressional
defense committees a certification described in subsection (c);
and
(2) a period of 30 continuous days of a Congress (as
determined under subsection (d)) elapses after the submission
of that certification.
(d) Required Certification.--A certification referred to in
subsection (c)(1) is a certification by the Secretary of Defense of
each of the following:
(1) That the results of the Operational Test and Evaluation
program for the F/A-18E/F aircraft indicate--
(A) that the aircraft meets the requirements for
operational effectiveness and suitability established
by the Secretary of the Navy; and
(B) that the aircraft meets key performance
specifications established by the Secretary of the
Navy.
(2) That the cost of procurement of that aircraft using a
multiyear procurement contract as authorized by subsection (a),
assuming procurement of 222 aircraft, is at least 7.4 percent
less than the cost of procurement of the same number of
aircraft through annual contracts.
(e) Continuity of Congress.--For purposes of subsection (c)(2)--
(1) the continuity of a Congress is broken only by an
adjournment of the Congress sine die at the end of the final
session of the Congress; and
(2) any day on which either House of Congress is not in
session because of an adjournment of more than three days to a
day certain, or because of an adjournment sine die at the end
of the first session of a Congress, shall be excluded in the
computation of such 30-day period.
Subtitle D--Chemical Stockpile Destruction Program
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS
AND MUNITIONS.
(a) Program Assessment.--(1) The Secretary of Defense shall conduct
an assessment of the current program for destruction of the United
States' stockpile of chemical agents and munitions, including the
Assembled Chemical Weapons Assessment, for the purpose of reducing
significantly the cost of such program and ensuring completion of such
program in accordance with the obligations of the United States under
the Chemical Weapons Convention while maintaining maximum protection of
the general public, the personnel involved in the demilitarization
program, and the environment.
(2) Based on the results of the assessment conducted under
paragraph (1), the Secretary may take those actions identified in the
assessment that may be accomplished under existing law to achieve the
purposes of such assessment and the chemical agents and munitions
stockpile destruction program.
(3) Not later than March 1, 2000, the Secretary shall submit to
Congress a report on--
(A) those actions taken, or planned to be taken, under
paragraph (2); and
(B) any recommendations for additional legislation that may
be required to achieve the purposes of the assessment conducted
under paragraph (1) and of the chemical agents and munitions
stockpile destruction program.
(b) Changes and Clarifications Regarding Program.--Section 1412 of
the Department of Defense Authorization Act, 1986 (Public Law 99-145;
50 U.S.C. 1521) is amended--
(1) in subsection (c)--
(A) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Facilities constructed to carry out this section shall, when
no longer needed for the purposes for which they were constructed, be
disposed of in accordance with applicable laws and regulations and
mutual agreements between the Secretary of the Army and the Governor of
the State in which the facility is located.'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(C) by inserting after paragraph (2) (as amended by
subparagraph (A)) the following new paragraph:
``(3)(A) Facilities constructed to carry out this section may not
be used for a purpose other than the destruction of the stockpile of
lethal chemical agents and munitions that exists on November 8, 1985.
``(B) The prohibition in subparagraph (A) shall not apply with
respect to items designated by the Secretary of Defense as lethal
chemical agents, munitions, or related materials after November 8,
1985, if the State in which a destruction facility is located issues
the appropriate permit or permits for the destruction of such items at
the facility.'';
(2) in subsection (f)(2), by striking ``(c)(4)'' and
inserting ``(c)(5)''; and
(3) in subsection (g)(2)(B), by striking ``(c)(3)'' and
inserting ``(c)(4)''.
(c) Definitions.--As used in this section:
(1) The term ``Assembled Chemical Weapons Assessment''
means the pilot program carried out under section 8065 of the
Department of Defense Appropriations Act, 1997 (section 101(b)
of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 1521
note).
(2) The term ``Chemical Weapons Convention'' means the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and Their Destruction,
ratified by the United States on April 25, 1997, and entered
into force on April 29, 1997.
SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF ASSEMBLED
CHEMICAL WEAPONS.
Section 142(a) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1521 note) is
amended to read as follows:
``(a) Program Management.--(1) The program manager for the
Assembled Chemical Weapons Assessment program shall manage the
development and testing of technologies for the destruction of lethal
chemical munitions that are potential or demonstrated alternatives to
the baseline incineration program.
``(2) The Under Secretary of Defense for Acquisition and Technology
and the Secretary of the Army shall jointly submit to Congress, not
later than December 1, 1999, a plan for the transfer of oversight of
the Assembled Chemical Weapons Assessment program from the Under
Secretary to the Secretary.
``(3) Oversight of the Assembled Chemical Weapons Assessment
program shall be transferred from the Under Secretary of Defense for
Acquisition and Technology to the Secretary of the Army pursuant to the
plan submitted under paragraph (2) not later than 90 days after the
date of the submission of the notice required under section 152(f)(2)
of the National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 50 U.S.C. 1521).
``(4) The Under Secretary of Defense for Acquisition and Technology
and the Secretary of the Army shall ensure coordination of the
activities and plans of the program manager for the Assembled Chemical
Weapons Assessment program and the program manager for Chemical
Demilitarization during the demonstration and pilot plant facility
phase for an alternative technology.
``(5) For those baseline demilitarization facilities for which the
Secretary decides that implementation of an alternative technology may
be recommended, the Secretary may take those measures necessary to
facilitate the integration of the alternative technology.''.
Subtitle E--Other Matters
SEC. 151. LIMITATION ON EXPENDITURES FOR SATELLITE COMMUNICATIONS.
(a) In General.--Chapter 136 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2282. Purchase or lease of communications services: limitation
``The Secretary of Defense may not obligate any funds after
September 30, 2000, to buy a commercial satellite communications system
or to lease a communications service, including mobile satellite
communications, unless the Secretary determines that the system or
service to be purchased or leased has been proven through independent
testing--
``(1) not to cause harmful interference to, or to disrupt
the use of, colocated commercial or military Global Positioning
System receivers used by the Department of Defense; and
``(2) to be safe for use with such receivers in all other
respects.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2282. Purchase or lease of communications services: limitation.''.
SEC. 152. PROCUREMENT OF FIREFIGHTING EQUIPMENT FOR THE AIR NATIONAL
GUARD AND THE AIR FORCE RESERVE.
The Secretary of the Air Force may carry out a procurement program,
in a total amount not to exceed $16,000,000, to modernize the airborne
firefighting capability of the Air National Guard and Air Force Reserve
by procurement of equipment for the modular airborne firefighting
system. Amounts may be obligated for the program from funds
appropriated for that purpose for fiscal year 1999 and subsequent
fiscal years.
SEC. 153. COOPERATIVE ENGAGEMENT CAPABILITY PROGRAM.
(a) Authority To Proceed.--Cooperative engagement equipment
procured under the Cooperative Engagement Capability program of the
Navy shall be procured and installed into commissioned vessels, shore
facilities, and aircraft of the Navy before completion of the
operational test and evaluation of shipboard cooperative engagement
capability in order to ensure fielding of a battle group with fully
functional cooperative engagement capability by fiscal year 2003.
(b) Funding.--The amount authorized to be appropriated in section
102(a)(1) for E-2C aircraft modification is hereby increased by
$22,000,000 to provide for the acquisition of additional cooperative
engagement capability equipment. The amount authorized to be
appropriated in section 102(a)(4) for Shipboard Information Warfare
Exploit Systems is hereby reduced by $22,000,000.
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, $4,708,194,000.
(2) For the Navy, $8,358,529,000.
(3) For the Air Force, $13,212,671,000.
(4) For Defense-wide activities, $9,556,285,000, 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, $4,248,465,000 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. COLLABORATIVE PROGRAM TO EVALUATE AND DEMONSTRATE ADVANCED
TECHNOLOGIES FOR ADVANCED CAPABILITY COMBAT VEHICLES.
(a) Establishment of Program.--The Secretary of Defense shall
establish and carry out a program to provide for the evaluation and
competitive demonstration of concepts for advanced capability combat
vehicles for the Army.
(b) Covered Program.--The program under subsection (a) shall be
carried out collaboratively pursuant to a memorandum of agreement to be
entered into between the Secretary of the Army and the Director of the
Defense Advanced Research Projects Agency. The program shall include
the following activities:
(1) Consideration and evaluation of technologies having the
potential to enable the development of advanced capability
combat vehicles that are significantly superior to the existing
M1 series of tanks in terms of capability for combat, survival,
support, and deployment, including but not limited to the
following technologies:
(A) Weapon systems using electromagnetic power,
directed energy, and kinetic energy.
(B) Propulsion systems using hybrid electric drive.
(C) Mobility systems using active and semi-active
suspension and wheeled vehicle suspension.
(D) Protection systems using signature management,
lightweight materials, and full-spectrum active
protection.
(E) Advanced robotics, displays, man-machine
interfaces, and embedded training.
(F) Advanced sensory systems and advanced systems
for combat identification, tactical navigation,
communication, systems status monitoring, and
reconnaissance.
(G) Revolutionary methods of manufacturing combat
vehicles.
(2) Incorporation of the most promising such technologies
into demonstration models.
(3) Competitive testing and evaluation of such
demonstration models.
(4) Identification of the most promising such demonstration
models within a period of time to enable preparation of a full
development program capable of beginning by fiscal year 2007.
(c) Report.--Not later than January 31, 2000, the Secretary of the
Army and the Director of the Defense Advanced Research Projects Agency
shall submit to the congressional defense committees a joint report on
the implementation of the program under subsection (a). The report
shall include the following:
(1) A description of the memorandum of agreement referred
to in subsection (b).
(2) A schedule for the program.
(3) An identification of the funding required for fiscal
year 2001 and for the future-years defense program to carry out
the program.
(4) A description and assessment of the acquisition
strategy for combat vehicles planned by the Secretary of the
Army that would sustain the existing force of M1-series tanks,
together with a complete identification of all operation,
support, ownership, and other costs required to carry out such
strategy through the year 2030.
(5) A description and assessment of one or more acquisition
strategies for combat vehicles, alternative to the strategy
referred to in paragraph (4), that would develop a force of
advanced capability combat vehicles significantly superior to
the existing force of M1-series tanks and, for each such
alternative acquisition strategy, an estimate of the funding
required to carry out such strategy.
(d) Funds.--Of the amount authorized to be appropriated for
Defense-wide activities by section 201(4) for the Defense Advanced
Research Projects Agency, $56,200,000 shall be available only to carry
out the program under subsection (a).
SEC. 212. REVISIONS IN MANUFACTURING TECHNOLOGY PROGRAM.
(a) Additional Purpose of Program.--Subsection (b) of section 2525
of title 10, United States Code, is amended--
(1) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) to address broad defense-related manufacturing
inefficiencies and requirements;''.
(b) Repeal of Cost-Share Goal.--Subsection (d) of such section is
amended by striking paragraph (3).
SEC. 213. SENSE OF CONGRESS REGARDING DEFENSE SCIENCE AND TECHNOLOGY
PROGRAM.
(a) Failure To Comply With Funding Requirements.--It is the sense
of Congress that the Secretary of Defense has failed to comply with the
funding objective for the Defense Science and Technology Program,
especially the Air Force Science and Technology Program, as required by
section 214(a) of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1948), thus
jeopardizing the stability of the defense technology base and
increasing the risk of failure to maintain technological superiority in
future weapons systems.
(b) Funding Requirements.--It is further the sense of Congress
that, for each of the fiscal years 2001 through 2009, it should be an
objective of the Secretary of Defense to increase the budget for the
Defense Science and Technology Program, including the science and
technology program within each military department, for the fiscal year
over the budget for that program for the preceding fiscal year by a
percent that is at least two percent above the rate of inflation as
determined by the Office of Management and Budget.
(c) Certification.--If a proposed budget fails to comply with the
objective set forth in subsection (b), the President shall certify to
Congress that the budget does not jeopardize the stability of the
defense technology base or increase the risk of failure to maintain
technological superiority in future weapons systems.
Subtitle C--Ballistic Missile Defense
SEC. 231. ADDITIONAL PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE
PROGRAMS.
Section 223(a) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (5) through (12) as
paragraphs (6) through (13), respectively;
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Upper Tier.''; and
(3) by adding at the end the following new paragraphs:
``(14) Space Based Infrared System Low.
``(15) Space Based Infrared System High.''.
Subtitle D--Other Matters
SEC. 241. DESIGNATION OF SECRETARY OF THE ARMY AS EXECUTIVE AGENT FOR
HIGH ENERGY LASER TECHNOLOGIES.
(a) Designation.--The Secretary of Defense shall designate the
Secretary of the Army as the Department of Defense executive agent for
oversight of research, development, test, and evaluation of specified
high energy laser technologies.
(b) Location for Carrying Out Oversight Functions.--The functions
of the Secretary of the Army as such executive agent shall be carried
out through the Army Space and Missile Defense Command at the High
Energy Laser Systems Test Facility at White Sands Missile Range, New
Mexico.
(c) Functions.--The responsibilities of the Secretary of the Army
as such executive agent shall include the following:
(1) Developing policy and overseeing the establishment of,
and adherence to, procedures for ensuring that projects of the
Department of Defense involving specified high energy laser
technologies are initiated and administered effectively.
(2) Assessing and making recommendations to the Secretary
of Defense regarding the capabilities demonstrated by specified
high energy laser technologies and the potential of such
technologies to meet operational military requirements.
(d) Specified High Energy Laser Technologies.--For purposes of this
section, the term ``specified high energy laser technologies'' means
technologies that--
(1) use lasers of one or more kilowatts; and
(2) have potential weapons applications.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 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, $19,476,694,000.
(2) For the Navy, $22,785,215,000.
(3) For the Marine Corps, $2,777,429,000.
(4) For the Air Force, $21,514,958,000.
(5) For Defense-wide activities, $10,968,614,000.
(6) For the Army Reserve, $1,512,513,000.
(7) For the Naval Reserve, $965,847,000.
(8) For the Marine Corps Reserve, $137,266,000.
(9) For the Air Force Reserve, $1,730,937,000.
(10) For the Army National Guard, $3,141,049,000.
(11) For the Air National Guard, $3,185,918,000.
(12) For the Defense Inspector General, $130,744,000.
(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, $199,214,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $811,700,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(22) For Defense Health Program, $10,496,687,000.
(23) For Cooperative Threat Reduction programs,
$444,100,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,387,600,000.
(25) For Quality of Life Enhancements, $1,845,370,000.
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 Defense Working Capital Funds, $90,344,000.
(2) For the National Defense Sealift Fund, $434,700,000.
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. TRANSFER TO DEFENSE WORKING CAPITAL FUNDS TO SUPPORT DEFENSE
COMMISSARY AGENCY.
(a) Army Operation and Maintenance Funds.--The Secretary of the
Army shall transfer $346,154,000 of the amount authorized to be
appropriated by section 301(1) for operation and maintenance for the
Army to the Defense Working Capital Funds for the purpose of funding
operations of the Defense Commissary Agency.
(b) Navy Operation and Maintenance Funds.--The Secretary of the
Navy shall transfer $263,070,000 of the amount authorized to be
appropriated by section 301(2) for operation and maintenance for the
Navy to the Defense Working Capital Funds for the purpose of funding
operations of the Defense Commissary Agency.
(c) Marine Corps Operation and Maintenance Funds.--The Secretary of
the Navy shall transfer $90,834,000 of the amount authorized to be
appropriated by section 301(3) for operation and maintenance for the
Marine Corps to the Defense Working Capital Funds for the purpose of
funding operations of the Defense Commissary Agency.
(d) Air Force Operation and Maintenance Funds.--The Secretary of
the Air Force shall transfer $309,061,000 of the amount authorized to
be appropriated by section 301(4) for operation and maintenance for the
Air Force to the Defense Working Capital Funds for the purpose of
funding operations of the Defense Commissary Agency.
(e) 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, other amounts in the Defense
Working Capital Funds available for the purpose of funding
operations of the Defense Commissary Agency; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(f) Relationship to Other Transfer Authority.--The transfers
required by this section are in addition to the transfer authority
provided in section 1001.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. REIMBURSEMENT OF NAVY EXCHANGE SERVICE COMMAND FOR RELOCATION
EXPENSES.
Of the amount authorized to be appropriated by section 301(5) for
operation and maintenance for Defense-wide activities, $8,700,000 shall
be available to the Secretary of Defense for the purpose of reimbursing
the Navy Exchange Service Command for costs incurred by the Navy
Exchange Service Command, and ultimately paid by the Navy Exchange
Service Command using nonappropriated funds, to relocate to Virginia
Beach, Virginia, and to lease headquarters space in Virginia Beach.
SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS OF THE 82ND AIRBORNE
DIVISION.
Of the amount authorized to be appropriated by section 301(1) for
operation and maintenance for the Army, $5,500,000 shall be available
to the Secretary of the Army for the purpose of replacing nonsecure
tactical radios used by the 82nd Airborne Division with radios, such as
models AN/PRC-138 and AN/PRC-148, identified as being capable of
fulfilling mission requirements.
SEC. 313. OPERATION AND MAINTENANCE OF AIR FORCE SPACE LAUNCH
FACILITIES.
(a) Additional Authorization.--In addition to the funds otherwise
authorized in this Act for the operation and maintenance of the space
launch facilities of the Department of the Air Force, there is hereby
authorized to be appropriated $7,300,000 for space launch operations at
such launch facilities.
(b) Corresponding Reduction.--The amount authorized to be
appropriated in section 301(4) for operation and maintenance for the
Air Force is hereby reduced by $7,300,000, to be derived from other
service-wide activities.
(c) Study of Space Launch Ranges and Requirements.--(1) The
Secretary of Defense shall conduct a study--
(A) to access anticipated military, civil, and commercial
space launch requirements;
(B) to examine the technical shortcomings at the space
launch ranges;
(C) to evaluate oversight arrangements at the space launch
ranges; and
(D) to estimate future funding requirements for space
launch ranges capable of meeting both national security space
launch needs and civil and commercial space launch needs.
(2) The Secretary shall conduct the study using the Defense Science
Board of the Department of Defense.
(3) Not later than February 15, 2000, the Secretary shall submit to
the congressional defense committees a report containing the results of
the study.
Subtitle C--Environmental Provisions
SEC. 321. REMEDIATION OF ASBESTOS AND LEAD-BASED PAINT.
(a) Use of Certain Contracts.--The Secretary of Defense shall use
Army Corps of Engineers indefinite delivery, indefinite quantity
contracts for the remediation of asbestos and lead-based paint at
military installations within the United States in accordance with all
applicable Federal and State laws and Department of Defense
regulations.
(b) Waiver Authority.--The Secretary of Defense may waive
subsection (a) with regard to a military installation that requires
asbestos or lead-based paint remediation if the military installation
is not included in an Army Corps of Engineers indefinite delivery,
indefinite quantity contract. The Secretary shall grant any such waiver
on a case-by-case basis.
Subtitle D--Performance of Functions by Private-Sector Sources
SEC. 331. EXPANSION OF ANNUAL REPORT ON CONTRACTING FOR COMMERCIAL AND
INDUSTRIAL TYPE FUNCTIONS.
Section 2461(g) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before the first sentence;
(2) in the second sentence, by striking ``The Secretary
shall'' and inserting the following:
``(3) The Secretary shall also''; and
(3) by inserting after the first sentence the following new
paragraph:
``(2) The Secretary shall include in each such report a summary of
the number of work year equivalents performed by employees of private
contractors in providing services to the Department (including both
direct and indirect labor attributable to the provision of the
services) and the total value of the contracted services. The work year
equivalents and total value of the services shall be categorized by
Federal supply class or service code (using the first character of the
code), the appropriation from which the services were funded, and the
major organizational element of the Department procuring the
services.''.
SEC. 332. CONGRESSIONAL NOTIFICATION OF A-76 COST COMPARISON WAIVERS.
(a) Notification Required.--Section 2467 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(c) Congressional Notification of Cost Comparison Waiver.--(1)
Not later than 10 days after a decision is made to waive the cost
comparison study otherwise required under Office of Management and
Budget Circular A-76 as part of the process to convert to contractor
performance any commercial activity of the Department of Defense, the
Secretary of Defense shall submit to Congress a report describing the
commercial activity subject to the waiver and the rationale for the
waiver.
``(2) The report shall also include the following:
``(A) The total number of civilian employees or military
personnel adversely affected by the decision to waive the cost
comparison study and convert the commercial activity to
contractor performance.
``(B) An explanation of whether the contractor was
selected, or will be selected, on a competitive basis or sole
source basis.
``(C) The anticipated savings to result from the waiver and
resulting conversion to contractor performance.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2467. Cost comparisons: inclusion of retirement costs;
consultation with employees; waiver of comparison''.
(2) The table of sections at the beginning of chapter 146 of such
title is amended by striking the item relating to section 2467 and
inserting the following new item:
``2467. Cost comparisons: inclusion of retirement costs; consultation
with employees; waiver of comparison.''.
SEC. 333. IMPROVED EVALUATION OF LOCAL ECONOMIC EFFECT OF CHANGING
DEFENSE FUNCTIONS TO PRIVATE SECTOR PERFORMANCE.
Section 2461(b)(3)(B) of title 10, United States Code, is amended
by striking clause (ii) and inserting the following new clause (ii):
``(ii) The local community and the local economy,
identifying and taking into consideration any unique
circumstances affecting the local community or the
local economy, if more than 50 employees of the
Department of Defense perform the function.''.
SEC. 334. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS BY PUBLIC AND PRIVATE
SECTORS.
Subsection (e) of section 2466 of title 10, United States Code, is
amended to read as follows:
``(e) Annual Reports.--(1) Not later than February 1 of each year,
the Secretary of Defense shall submit to Congress a report identifying,
for each of the armed forces (other than the Coast Guard) and each
Defense Agency, the percentage of the funds referred to in subsection
(a) that were expended during the preceding two fiscal years for
performance of depot-level maintenance and repair workloads by the
public and private sectors, as required by this section.
``(2) Not later than April 1 of each year, the Secretary of Defense
shall submit to Congress a report identifying, for each of the armed
forces (other than the Coast Guard) and each Defense Agency, the
percentage of the funds referred to in subsection (a) that are
projected to be expended during each of the next five fiscal years for
performance of depot-level maintenance and repair workloads by the
public and private sectors, as required by this section.
``(3) Not later than 60 days after the date on which the Secretary
submits a report under this subsection, the Comptroller General shall
submit to Congress the Comptroller General's views on whether--
``(A) in the case of a report under paragraph (1), the
Department of Defense has complied with the requirements of
subsection (a) for the fiscal years covered by the report; and
``(B) in the case of a report under paragraph (2), the
expenditure projections for future fiscal years are
reasonable.''.
SEC. 335. APPLICABILITY OF COMPETITION REQUIREMENT IN CONTRACTING OUT
WORKLOADS PERFORMED BY DEPOT-LEVEL ACTIVITIES OF
DEPARTMENT OF DEFENSE.
Section 2469(b) of title 10, United States Code, is amended by
inserting ``(including the cost of labor and materials)'' after
``$3,000,000''.
SEC. 336. TREATMENT OF PUBLIC SECTOR WINNING BIDDERS FOR CONTRACTS FOR
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR
WORKLOADS FORMERLY PERFORMED AT CERTAIN MILITARY
INSTALLATIONS.
Section 2469a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(i) Oversight of Contracts Awarded Public Entities.--The
Secretary of Defense or the Secretary concerned may not impose on a
public sector entity awarded a contract for the performance of any
depot-level maintenance and repair workload described in subsection (b)
any requirements regarding management systems, reviews, oversight, or
reporting different from the requirements used in the performance and
management of other depot-level maintenance and repair workloads by the
entity, unless specifically provided in the solicitation for the
contract.''.
SEC. 337. PROCESS FOR MODERNIZATION OF COMPUTER SYSTEMS AT ARMY
COMPUTER CENTERS.
(a) Covered Army Computer Centers.--This section applies with
respect to the following computer centers of the of the Army
Communications Electronics Command of the Army Material Command:
(1) Logistics Systems Support Center in St. Louis,
Missouri.
(2) Industrial Logistics System Center in Chambersburg,
Pennsylvania.
(b) Development of Most Efficient Organization.--Before selecting
any entity to develop and implement a new computer system for the Army
Material Command to perform the functions currently performed by the
Army computer centers specified in subsection (a), the Secretary of the
Army shall provide the computer centers with an opportunity to
establish their most efficient organization. The most efficient
organization shall be in place not later than May 31, 2001.
(c) Modernization Process.--After the most efficient organization
is in place at the Army computer centers specified in subsection (a),
civilian employees of the Department of Defense at these centers shall
work in partnership with the entity selected to develop and implement a
new computer system to perform the functions currently performed by
these centers to--
(1) ensure that the current computer system remains
operational to meet the needs of the Army Material Command
until the replacement computer system is fully operational and
successfully evaluated; and
(2) to provide transition assistance to the entity for the
duration of the transition from the current computer system to
the replacement computer system.
SEC. 338. EVALUATION OF TOTAL SYSTEM PERFORMANCE RESPONSIBILITY
PROGRAM.
(a) Report Required.--Not later than February 1, 2000, the
Secretary of the Air Force shall submit to Congress a report
identifying all Air Force programs that--
(1) are currently managed under the Total System
Performance Responsibility Program or similar programs; or
(2) are presently planned to be managed using the Total
System Performance Responsibility Program or a similar program.
(b) Evaluation.--As part of the report required by subsection (a),
the Secretary of the Air Force shall include an evaluation of the
following:
(1) The manner in which the Total System Performance
Responsibility Program and similar programs support the
readiness and warfighting capability of the Armed Forces and
complement the support of the logistics depots.
(2) The effect of the Total System Performance
Responsibility Program and similar programs on the long-term
viability of core Government logistics management skills.
(3) The process and criteria used by the Air Force to
determine whether or not Government employees can perform
sustainment management functions more cost effectively than the
private sector.
(c) Comptroller General Review.--Not later than 30 days after the
date on which the report required by subsection (a) is submitted to
Congress, the Comptroller General shall review the report and submit to
Congress a briefing evaluating the report.
SEC. 339. IDENTIFICATION OF CORE LOGISTICS CAPABILITY REQUIREMENTS FOR
MAINTENANCE AND REPAIR OF C-17 AIRCRAFT.
(a) Identification Report Required.--Building upon the plan
required by section 351 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261), the
Secretary of the Air Force shall submit to Congress a report
identifying the core logistics capability requirements for depot-level
maintenance and repair for the C-17 aircraft. To identify such
requirements, the Secretary shall comply with section 2464 of title 10,
United States Code. The Secretary shall submit the report to Congress
not later than February 1, 2000.
(b) Effect on Existing Contract.--After February 1, 2000, the
Secretary of the Air Force may not extend the Interim Contract for the
C-17 Flexible Sustainment Program before the end of the 60-day period
beginning on the date on which the report required by subsection (a) is
received by Congress.
(c) Comptroller General Review.--During the period specified in
subsection (b), the Comptroller General shall review the report
submitted under subsection (a) and submit to Congress a report
evaluating the following:
(1) The merits of the report submitted under subsection
(a).
(2) The extent to which the Air Force is relying on systems
for core logistics capability where the workload of Government-
owned and Government-operated depots is phasing down because
the systems are phasing out of the inventory.
(3) The cost effectiveness of the C-17 Flexible Sustainment
Program--
(A) by identifying depot maintenance and materiel
costs for contractor support; and
(B) by comparing those costs to the costs
originally estimated by the Air Force and to the cost
of similar work in an Air Force Logistics Center.
Subtitle E--Defense Dependents Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Modified Department of Defense Program for Fiscal Year 2000.--
Of the amount authorized to be appropriated by section 301(5) for
operation and maintenance for Defense-wide activities, $35,000,000
shall be available only for the purpose of providing educational
agencies assistance (as defined in subsection (d)(1)) to local
educational agencies.
(b) Notification.--Not later than June 30, 2000, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2000 of--
(1) that agency's eligibility for educational agencies
assistance; and
(2) the amount of the educational agencies assistance for
which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(e) Determination of Eligible Local Educational Agencies.--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. 342. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164 of title 10, United States Code, is amended--
(1) in subsection (c), by striking paragraph (3); and
(2) by adding at the end the following new subsection:
``(h) Continuation of Enrollment Despite Change in Status.--(1) A
dependent of a member of the armed forces or a dependent of a Federal
employee may continue enrollment in an educational program provided by
the Secretary of Defense pursuant to subsection (a) for the remainder
of a school year notwithstanding a change during such school year in
the status of the member or Federal employee that, except for this
paragraph, would otherwise terminate the eligibility of the dependent
to be enrolled in the program.
``(2) A dependent of a member of the armed forces, or a dependent
of a Federal employee, who was enrolled in an educational program
provided by the Secretary pursuant to subsection (a) while a junior in
that program may be enrolled as a senior in that program in the next
school year, notwithstanding a change in the enrollment eligibility
status of the dependent that, except for this paragraph, would
otherwise terminate the eligibility of the dependent to be enrolled in
the program.
``(3) Paragraphs (1) and (2) do not limit the authority of the
Secretary to remove a dependent from enrollment in an educational
program provided by the Secretary pursuant to subsection (a) at any
time for good cause determined by the Secretary.''.
SEC. 343. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS' EDUCATION ACT OF
1978.
The Defense Dependents' Education Act of 1978 (title XIV of Public
Law 95-561) is amended as follows:
(1) Section 1402(b)(1) (20 U.S.C. 921(b)(1)) is amended by
striking ``recieve'' and inserting ``receive''.
(2) Section 1403 (20 U.S.C. 922) is amended--
(A) by striking the matter in that section
preceding subsection (b) and inserting the following:
``administration of defense dependents' education system
``Sec. 1403. (a) The defense dependents' education system is
operated through the field activity of the Department of Defense known
as the Department of Defense Education Activity. That activity is
headed by a Director, who is a civilian and is selected by the
Secretary of Defense. The Director reports to an Assistant Secretary of
Defense designated by the Secretary of Defense for purposes of this
title.'';
(B) in subsection (b), by striking ``this Act'' and
inserting ``this title'';
(C) in subsection (c)(1), by inserting ``(20 U.S.C.
901 et seq.)'' after ``Personnel Practices Act'';
(D) in subsection (c)(2), by striking the period at
the end and inserting a comma;
(E) in subsection (c)(6), by striking ``Assistant
Secretary of Defense for Manpower, Reserve Affairs, and
Logistics'' and inserting ``the Assistant Secretary of
Defense designated under subsection (a)'';
(F) in subsection (d)(1), by striking ``for the
Office of Dependents' Education'';
(G) in subsection (d)(2)--
(i) by striking the first sentence;
(ii) by striking ``Whenever the Office of
Dependents' Education'' and inserting
``Whenever the Department of Defense Education
Activity'';
(iii) by striking ``after the submission of
the report required under the preceding
sentence'' and inserting ``in a manner that
affects the defense dependents' education
system''; and
(iv) by striking ``an additional report''
and inserting ``a report''; and
(H) in subsection (d)(3), by striking ``the Office
of Dependents' Education'' and inserting ``the
Department of Defense Education Activity''.
(3) Section 1409 (20 U.S.C. 927) is amended--
(A) in subsection (b), by striking ``Department of
Health, Education, and Welfare in accordance with
section 431 of the General Education Provisions Act''
and inserting ``Secretary of Education in accordance
with section 437 of the General Education Provisions
Act (20 U.S.C. 1232)'';
(B) in subsection (c)(1), by striking ``by academic
year 1993-1994''; and
(C) in subsection (c)(3)--
(i) by striking ``Implementation
timelines.--In carrying out'' and all that
follows through ``a comprehensive'' and
inserting ``Implementation.--In carrying out
paragraph (2), the Secretary shall have in
effect a comprehensive'';
(ii) by striking the semicolon after ``such
individuals'' and inserting a period; and
(iii) by striking subparagraphs (B) and
(C).
(4) Section 1411(d) (20 U.S.C. 929(d)) is amended by
striking ``grade GS-18 in section 5332 of title 5, United
States Code'' and inserting ``level IV of the Executive
Schedule under section 5315 of title 5, United States Code''.
(5) Section 1412 (20 U.S.C. 930) is amended--
(A) in subsection (a)(1)--
(i) by striking ``As soon as'' and all that
follows through ``shall provide for'' and
inserting ``The Director may from time to time,
but not more frequently than once a year,
provide for''; and
(ii) by striking ``system, which'' and
inserting ``system. Any such study'';
(B) in subsection (a)(2)--
(i) by striking ``The study required by
this subsection'' and inserting ``Any study
under paragraph (1)''; and
(ii) by striking ``not later than two years
after the effective date of this title'';
(C) in subsection (b), by striking ``the study''
and inserting ``any study'';
(D) in subsection (c)--
(i) by striking ``not later than one year
after the effective date of this title the
report'' and inserting ``any report''; and
(ii) by striking ``the study'' and
inserting ``a study''; and
(E) by striking subsection (d).
(6) Section 1413 (20 U.S.C. 931) is amended by striking
``Not later than 180 days after the effective date of this
title, the'' and inserting ``The''.
(7) Section 1414 (20 U.S.C. 932) is amended by adding at
the end the following new paragraph:
``(6) The term `Director' means the Director of the
Department of Defense Education Activity.''.
Subtitle F--Military Readiness Issues
SEC. 351. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE SECONDARY
INVENTORY AND PARTS SHORTAGES.
(a) Independent Study Required.--In accordance with this section,
the Secretary of Defense shall provide for an independent study of--
(1) current levels of Department of Defense inventories of
spare parts and other supplies, known as secondary inventory
items, including wholesale and retail inventories; and
(2) reports and evidence of Department of Defense inventory
shortages adversely affecting readiness.
(b) Performance by Independent Entity.--To conduct the study under
this section, the Secretary of Defense shall select a private sector
entity or other entity outside the Department of Defense that has
experience in parts and secondary inventory management.
(c) Matters To Be Included in Study.--The Secretary of Defense
shall require the entity conducting the study under this section to
specifically evaluate the following:
(1) How much of the secondary inventory retained by the
Department of Defense for economic, contingency, and potential
reutilization during the five-year period ending December 31,
1998, was actually used during each year of the period.
(2) How much of the retained secondary inventory currently
held by the Department could be declared to be excess.
(3) Alternative methods for the disposal or other
disposition of excess inventory and the cost to the Department
to dispose of excess inventory under each alternative.
(4) The total cost per year of storing secondary inventory,
to be determined using traditional private sector cost
calculation models.
(d) Timetable for Elimination of Excess Inventory.--As part of the
consideration of alternative methods to dispose of excess secondary
inventory, as required by subsection (c)(3), the entity conducting the
study under this section shall prepare a timetable for disposal of the
excess inventory over a period of time not to exceed three years.
(e) Report on Results of Study.--The Secretary of Defense shall
require the entity conducting the study under this section to submit to
the Secretary and to the Comptroller General a report containing the
results of the study, including the entity's findings and conclusions
concerning each of the matters specified in subsection (c), and the
disposal timetable required by subsection (d). The entity shall submit
the report at such time as to permit the Secretary to comply with
subsection (f).
(f) Review and Comments of the Secretary of Defense.--Not later
than September 1, 2000, the Secretary of Defense shall submit to
Congress a report containing the following:
(1) The report submitted under subsection (d), together
with the Secretary's comments and recommendations regarding the
report.
(2) A plan to address the issues of excess and excessive
inactive inventory and part shortages and a timetable to
implement the plan throughout the Department.
(g) GAO Evaluation.--Not later than 180 days after the Secretary of
Defense submits to Congress the report under subsection (f), the
Comptroller General shall submit to Congress an evaluation of the
report submitted by the independent entity under subsection (e) and the
report submitted by the Secretary under subsection (f).
SEC. 352. INDEPENDENT STUDY OF ADEQUACY OF DEPARTMENT RESTRUCTURED
SUSTAINMENT AND REENGINEERED LOGISTICS PRODUCT SUPPORT
PRACTICES.
(a) Independent Study Required.--In accordance with this section,
the Secretary of Defense shall provide for an independent study of
restructured sustainment and reengineered logistics product support
practices within the Department of Defense, which are designed to
provide spare parts and other supplies to military units and
installations as needed during a transition to war fighting rather than
relying on large stockpiles of such spare parts and supplies. The
purpose of the study is to determine whether restructured sustainment
and reengineered logistics product support practices would be able to
provide adequate sustainment supplies to military units and
installations should it ever be necessary to execute the National
Military Strategy prescribed by the Chairman of the Joint Chiefs of
Staff.
(b) Performance by Independent Entity.--The Secretary of Defense
shall select an experienced private sector entity or other entity
outside the Department of Defense to conduct the study under this
section.
(c) Matters To Be Included in Study.--The Secretary of Defense
shall require the entity conducting the study under this section to
specifically evaluate (and recommend improvements in) the following:
(1) The assumptions that are used to determine required
levels of war reserve and prepositioned stocks.
(2) The adequacy of supplies projected to be available to
support the fighting of two, nearly simultaneous, major theater
wars, as required by the National Military Strategy.
(3) The expected availability through the national
technology and industrial base of spare parts and supplies not
readily available in the Department inventories, such as parts
for aging equipment that no longer have active vendor support.
(d) Report on Results of Study.--The Secretary of Defense shall
require the entity conducting the study under this section to submit to
the Secretary and to the Comptroller General a report containing the
results of the study, including the entity's findings, conclusions, and
recommendations concerning each of the matters specified in subsection
(c). The entity shall submit the report at such time as to permit the
Secretary to comply with subsection (e).
(e) Review and Comments of the Secretary of Defense.--Not later
than March 1, 2000, the Secretary of Defense shall submit to Congress a
report containing the report submitted under subsection (d), together
with the Secretary's comments and recommendations regarding the report.
(f) GAO Evaluation.--Not later than 180 days after the Secretary of
Defense submits to Congress the report under subsection (e), the
Comptroller General shall submit to Congress an evaluation of the
report submitted by the independent entity under subsection (d) and the
report submitted by the Secretary under subsection (e).
SEC. 353. INDEPENDENT STUDY OF MILITARY READINESS REPORTING SYSTEM.
(a) Independent Study Required.--(1) The Secretary of Defense shall
provide for an independent study of requirements for a comprehensive
readiness reporting system for the Department of Defense as provided in
section 117 of title 10, United States Code (as added by section 373 of
the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 1990).
(2) The Secretary shall provide for the study to be conducted by
the Rand Corporation. The amount of a contract for the study may not
exceed $1,000,000.
(3) The Secretary shall require that all components of the
Department of Defense cooperate fully with the organization carrying
out the study.
(b) Matters To Be Included in Study.--The Secretary shall require
that the organization conducting the study under this section
specifically consider the requirements for providing an objective,
accurate, and timely readiness reporting system for the Department of
Defense meeting the characteristics and having the capabilities
established in section 373 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999.
(c) Report.--(1) The Secretary of Defense shall require the
organization conducting the study under this section to submit to the
Secretary a report on the study not later than March 1, 2000. The
organization shall include in the report its findings and conclusions
concerning each of the matters specified in subsection (b).
(2) The Secretary shall submit the report under paragraph (1),
together with the Secretary's comments on the report, to Congress not
later than April 1, 2000.
SEC. 354. REVIEW OF REAL PROPERTY MAINTENANCE AND ITS EFFECT ON
READINESS.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the impact that the consistent lack of adequate funding for
real property maintenance of military installations during the five-
year period ending December 31, 1998, has had on readiness, the quality
of life of members of the Armed Forces and their dependents, and the
infrastructure on military installations.
(b) Matters To Be Included in Review.--In conducting the review
under this section, the Secretary of Defense shall specifically
consider the following for the Army, Navy, Marine Corps, and Air Force:
(1) For each year of the covered five-year period, the
extent to which unit training and operating funds were diverted
to meet basic base operations and real property maintenance
needs.
(2) The types of training delayed, canceled, or curtailed
as a result of the diversion of such funds.
(3) The level of funding required to eliminate the real
property maintenance backlog at military installations so that
facilities meet the standards necessary for optimum utilization
during times of mobilization.
(c) Participation of Independent Entity.--(1) As part of the review
conducted under this section, Secretary of Defense shall select an
independent entity--
(A) to review the method of command and management of
military installations for the Army, Navy, Marine Corps, and
Air Force;
(B) to develop, based on such review, a service-specific
plan for the optimum command structure for military
installations, to have major command status, which is designed
to enhance the development of installations doctrine,
privatization and outsourcing, commercial activities,
environmental compliance programs, installation restoration,
and military construction; and
(C) to recommend a timetable for the implementation of the
plan for each service.
(2) The Secretary of Defense shall select an experienced private
sector entity or other entity outside the Department of Defense to
carry out this subsection.
(d) Report Required.--Not later than March 1, 2000, the Secretary
of Defense shall submit to Congress a report containing the results of
the review required under this section and the plan for an optimum
command structure required by subsection (c), together with the
Secretary's comments and recommendations regarding the plan.
SEC. 355. ESTABLISHMENT OF LOGISTICS STANDARDS FOR SUSTAINED MILITARY
OPERATIONS.
(a) Establishment of Standards.--The Secretary of Defense, in
consultation with senior military commanders and the Secretaries of the
military departments, shall establish standards for deployable units of
the Armed Forces regarding--
(1) the level of spare parts that the units must have on
hand; and
(2) similar logistics and sustainment needs of the units.
(b) Basis for Standards.--The standards to be established under
subsection (a) shall be based upon the following:
(1) The unit's wartime mission, as reflected in the war-
fighting plans of the relevant combatant commanders.
(2) An assessment of the likely requirement for sustained
operations under each such war-fighting plan.
(3) An assessment of the likely requirement for that unit
to conduct sustained operations in an austere environment,
while drawing exclusively on its own internal logistics
capabilities.
(c) Sufficiency Capabilities.--The standards to be established
under subsection (a) shall reflect those spare parts and similar
logistics capabilities that the Secretary of Defense considers
sufficient for units of the Armed Forces to successfully execute their
missions under the conditions described in subsection (b).
(d) Relation to Readiness Reporting System.--The standards
established under subsection (a) shall be taken into account in
designing the comprehensive readiness reporting system for the
Department of Defense required by section 117 of title 10, United
States Code, and shall be an element in determining a unit's readiness
status.
(e) Relation to Annual Funding Needs.--The Secretary of Defense
shall consider the standards established under subsection (a) in
establishing the annual funding requirements for the Department of
Defense.
(f) Reporting Requirement.--The Secretary of Defense shall include
in the annual report required by section 113(c) of title 10, United
States Code, an analysis of the then current spare parts, logistics,
and sustainment standards of the Armed Forces, as described in
subsection (a), including any shortfalls and the cost of addressing
these shortfalls.
Subtitle G--Other Matters
SEC. 361. DISCRETIONARY AUTHORITY TO INSTALL TELECOMMUNICATION
EQUIPMENT FOR PERSONS PERFORMING VOLUNTARY SERVICES.
Section 1588 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Authority To Install Equipment.--(1) The Secretary concerned
may install telephone lines and any necessary telecommunication
equipment in the private residences of designated persons providing
voluntary services accepted under subsection (a)(3) and pay the charges
incurred for the use of the equipment for authorized purposes.
``(2) Notwithstanding section 1348 of title 31, the Secretary
concerned may use appropriated or nonappropriated funds of the military
department under the jurisdiction of the Secretary or, with respect to
the Coast Guard, the department in which the Coast Guard is operating,
to carry out this subsection.
``(3) The Secretary of Defense and, with respect to the Coast
Guard, the Secretary of the department in which the Coast Guard is
operating, shall prescribe regulations to carry out this subsection.''.
SEC. 362. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAPITAL FUNDED
INDUSTRIAL FACILITIES.
Section 2208(j) of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking ``or
remanufacturing'' and inserting ``, remanufacturing, and
engineering'';
(2) in paragraph (1), by inserting ``or a subcontract under
a Department of Defense contract'' before the semicolon; and
(3) in paragraph (2), by striking ``Department of Defense
solicitation for such contract'' and inserting ``solicitation
for the contract or subcontract''.
SEC. 363. CLARIFICATION OF CONDITION ON SALE OF ARTICLES AND SERVICES
OF INDUSTRIAL FACILITIES TO PERSONS OUTSIDE DEPARTMENT OF
DEFENSE.
Section 2553(g) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The term `not available', with respect to an article
or service proposed to be sold under this section, means that
the article or service is unavailable from a commercial source
in the required quantity and quality, within the time required,
or at prices less than the price available through an
industrial facility of the armed forces.''.
SEC. 364. SPECIAL AUTHORITY OF DISBURSING OFFICIALS REGARDING AUTOMATED
TELLER MACHINES ON NAVAL VESSELS.
Section 3342 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(f) With respect to automated teller machines on naval vessels of
the Navy, the authority of a disbursing official of the United States
Government under subsection (a) also includes the following:
``(1) The authority to provide operating funds to the
automated teller machines.
``(2) The authority to accept, for safekeeping, deposits
and transfers of funds made through the automated teller
machines.''.
SEC. 365. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT UNITED
STATES SOLDIERS' AND AIRMEN'S HOME, DISTRICT OF COLUMBIA.
The Armed Forces Retirement Home Act of 1991 (title XV of Public
Law 101-510; 24 U.S.C. 401 et seq.) is amended by adding at the end of
subtitle A the following new section:
``SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT UNITED
STATES SOLDIERS' AND AIRMEN'S HOME.
``(a) Historic Nature of Facility.--Congress finds the following:
``(1) Four buildings located on six acres of the
establishment of the Retirement Home known as the United States
Soldiers' and Airmen's Home are included on the National
Register of Historic Places maintained by the Secretary of the
Interior.
``(2) Amounts in the Armed Forces Retirement Home Trust
Fund, which consists primarily of deductions from the pay of
members of the Armed Forces, are insufficient to both maintain
and operate the Retirement Home for the benefit of the
residents of the Retirement Home and adequately maintain,
repair, and preserve these historic buildings and grounds.
``(3) Other sources of funding are available to contribute
to the maintenance, repair, and preservation of these historic
buildings and grounds.
``(b) Authority To Accept Assistance.--The Chairman of the
Retirement Home Board and the Director of the United States Soldiers'
and Airmen's Home may apply for and accept a direct grant from the
Secretary of the Interior under section 101(e)(3) of the National
Historic Preservation Act (16 U.S.C. 470a(e)(3)) for the purpose of
maintaining, repairing, and preserving the historic buildings and
grounds of the United States Soldiers' and Airmen's Home included on
the National Register of Historic Places.
``(c) Requirements and Limitations.--Amounts received as a grant
under subsection (b) shall be deposited in the Fund, but shall be kept
separate from other amounts in the Fund. The amounts received may only
be used for the purpose specified in subsection (b).''.
SEC. 366. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, UNITED STATES
SOLDIERS' AND AIRMEN'S HOME.
(a) Manner of Conveyance.--Subsection (a)(1) of section 1053 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2650) is amended by striking ``convey by sale'' and
inserting ``convey, by sale or lease,''.
(b) Time for Conveyance.--Subsection (a)(2) of such section is
amended to read as follows:
``(2) The Armed Forces Retirement Home Board shall sell or lease
the property described in subsection (a) within 12 months after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2000.''.
(c) Manner, Terms, and Conditions of Conveyance.--Subsection (b) of
such section is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph: ``(1) The Armed Forces Retirement Home Board
shall determine the manner, terms, and conditions for the sale
or lease of the real property under subsection (a), except as
follows:
``(A) Any lease of the real property under subsection (a)
shall include an option to purchase.
``(B) The conveyance may not involve any form of public/
private partnership, but shall be limited to fee-simple sale or
long-term lease.
``(C) Before conveying the property by sale or lease to any
other person or entity, the Board shall provide the Catholic
University of America with the opportunity to match or exceed
the highest bona fide offer otherwise received for the purchase
or lease of the property, as the case may be, and to acquire
the property.''; and
(2) in paragraph (2), by adding at the end the following
new sentence: ``In no event shall the sale or lease of the
property be for less than the appraised value of the property
in its existing condition and on the basis of its highest and
best use.''.
SEC. 367. TREATMENT OF ALASKA, HAWAII, AND GUAM IN DEFENSE HOUSEHOLD
GOODS MOVING PROGRAMS.
(a) Limitation on Inclusion in Test Programs.--Alaska, Hawaii, and
Guam shall not be included as a point of origin in any test or
demonstration program of the Department of Defense regarding the moving
of household goods of members of the Armed Forces.
(b) Separate Regions; Destinations.--In any Department of Defense
household goods moving program that is not subject to the prohibition
in subsection (a)--
(1) Alaska, Hawaii, and Guam shall each constitute a
separate region; and
(2) Hawaii and Guam shall be considered international
destinations.
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 personel
as of September 30, 2000, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,037.
(3) The Marine Corps, 172,518.
(4) The Air Force, 360,877.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking ``372,696'' and inserting
``371,781'';
(2) in paragraph (3), by striking ``172,200'' and inserting
``172,148''; and
(3) in paragraph (4), by striking ``370,802'' and inserting
``360,877''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999.
SEC. 403. APPOINTMENTS TO CERTAIN SENIOR JOINT OFFICER POSITIONS.
(a) Permanent Exemption Authority.--Paragraph (5) of section 525(b)
of title 10, United States Code, is amended by striking subparagraph
(C).
(b) Permanent Requirement for Military Department Submissions for
Certain Joint 4-Star Duty Assignments.--Section 604 of such title is
amended by striking subsection (c).
(c) Clarification of Certain Limitations on Number of Active-Duty
Generals and Admirals.--Paragraph (5) of section 525(b) of such title
is further amended by adding at the end of subparagraph (A) the
following new sentence: ``Any increase by reason of the preceding
sentence in the number of officers of an armed force serving on active
duty in grades above major general or rear admiral may only be realized
by an increase in the number of lieutenant generals or vice admirals,
as the case may, serving on active duty, and any such increase may not
be construed as authorizing an increase in the limitation on the total
number of general or flag officers for that armed force under section
526(a) of this title or in the number of general and flag officers that
may be designated under section 526(b) of this title.''.
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, 350,000.
(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, 106,678.
(6) The Air Force Reserve, 73,708.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
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, 22,563.
(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, 11,025.
(6) The Air Force Reserve, 1,078.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 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, 6,474.
(2) For the Army National Guard of the United States,
23,125.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United States,
22,247.
SEC. 414. INCREASE IN NUMBER OF ARMY AND AIR FORCE MEMBERS IN CERTAIN
GRADES AUTHORIZED TO SERVE 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....... 3,219 1,071 843 140
Lieutenant Colonel or Commander..... 1,595 520 746 90
Colonel or Navy Captain............. 471 188 297 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of such
title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 645 202 403 20
E-8................................. 2,585 429 1,029 94''.
------------------------------------------------------------------------
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 415. SELECTED RESERVE END STRENGTH FLEXIBILITY.
Section 115(c) of title 10, United States Code, 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 ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) vary the end strength authorized pursuant to
subsection (a)(2) for a fiscal year for the Selected Reserve of
any of the reserve components by a number equal to not more
than 2 percent of that end strength.''.
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
$72,115,367,000. 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. RECOMMENDATIONS FOR PROMOTION BY SELECTION BOARDS.
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 within a grade (or grade and
competitive category) is less than one, the board may recommend one
such officer from within that grade (or grade and competitive
category).''.
SEC. 502. TECHNICAL AMENDMENTS RELATING TO JOINT DUTY ASSIGNMENTS.
(a) Joint Duty Assignments for General and Flag Officers.--
Subsection (g) of section 619a of title 10, United States Code, is
amended to read as follows:
``(g) Limitation for General and Flag Officers Previously Receiving
Joint Duty Assignment Waiver.--A general officer or flag officer who
before January 1, 1999, received a waiver of subsection (a) under the
authority of this subsection (as in effect before that date) may not be
appointed to the grade of lieutenant general of vice admiral until the
officer completes a full tour of duty in a joint duty assignment.''.
(b) Nuclear Propulsion Officers.--Subsection (h) of that section is
amended--
(1) by striking ``(1) Until January 1, 1997, an'' inserting
``An'';
(2) by striking ``may be'' and inserting ``who before
January 1, 1997, is'';
(3) by striking ``. An officer so appointed''; and
(4) by striking paragraph (2).
Subtitle B--Matters Relating to Reserve Components
SEC. 511. CONTINUATION ON RESERVE ACTIVE STATUS LIST TO COMPLETE
DISCIPLINARY ACTION.
(a) In General.--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 an action is commenced against a Reserve officer with a view
to trying the officer by court-martial, as authorized by section 802(d)
of this title, the Secretary concerned may delay the separation or
retirement of the officer under this chapter until the completion of
the disciplinary action under chapter 47 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 1407 is amended by adding at the end the following new
item:
``14518. Continuation on reserve active status list to complete
disciplinary action.''.
SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO ACTIVE DUTY
TO COMPLETE A MEDICAL EVALUATION.
Section 12301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h)(1) When authorized by the Secretary of Defense, the Secretary
of the military department concerned may order a member of a reserve
component to active duty, with the consent of that member, to receive
authorized medical care, to be medically evaluated for disability or
other purposes, or to complete a required Department of Defense health
care study, which may include an associated medical evaluation of the
member.
``(2) A member ordered to active duty under this subsection may be
retained with the member's consent, when the Secretary concerned
considers it appropriate, for medical treatment for a condition
associated with the study or evaluation, if that treatment of the
member otherwise is authorized by law.
``(3) 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
active duty under this subsection without the consent of the Governor
or other appropriate authority of the State concerned.''.
SEC. 513. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION.
(a) Amendment.--Section 14301 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(h) Officers on Educational Delay.--A Reserve officer who is in
an educational delay status for the purpose of attending an approved
institution of higher education for advanced training, subsidized by
the military department concerned in the form of a scholarship or
stipend, is ineligible for consideration for promotion while in that
status. The officer shall remain on the Reserve active status list
while in such an educational delay status.''.
(b) Retroactive Effect.--The Secretary concerned, upon application,
shall expunge from the record of any officer a nonselection for
promotion if the nonselection occurred during a period the officer was
serving in an educational delay status that occurred during the period
beginning on October 1, 1996, and ending on the date of the enactment
of this Act.
SEC. 514. RETENTION UNTIL COMPLETION OF 20 YEARS OF SERVICE FOR RESERVE
COMPONENT MAJORS AND LIEUTENANT COMMANDERS WHO TWICE FAIL
OF SELECTION FOR PROMOTION.
Section 14506 of title 10, United States Code, is amended by
striking ``section 14513'' and all that follows and inserting ``section
14513 of this title on the later of--
``(1) the first day of the month after the month in which
the officer completes 20 years of commissioned service; 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.''.
SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLUSION.
The text of section 14706 of title 10, United States Code, is
amended to read as follows:
``(a) 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 a uniformed service other than--
``(1) service as a warrant officer;
``(2) constructive service; and
``(3) service after appointment as a commissioned officer
of a reserve component while in a program of advanced education
to obtain 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 an officer designated as a chaplain or
judge advocate, provided such service occurs before the officer
commences initial service on active duty or initial service in
the Ready Reserve in the specialty that results from such a
degree.
``(b) The exclusion under subsection (a)(3) does not apply to
service performed by an officer who previously served on active duty or
participated as a member of the Ready Reserve in other than a student
status for the period of service preceding the member's service in a
student status.''.
SEC. 516. AUTHORITY TO RETAIN 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. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE-REQUIRED
TRAVEL FOR RESERVES.
(a) Codification.--(1) Chapter 1209 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 12323. Space-required travel for Reserves
``A member of a reserve component is authorized to travel in a
space-required status on aircraft of the armed forces between home and
place of inactive duty training, or place of duty in lieu of unit
training assembly, when there is no road or railroad transportation (or
combination of road and railroad transportation) between those
locations. A member traveling in that status on a military aircraft
pursuant to the authority provided in this section is not authorized to
receive travel, transportation, or per diem allowances in connection
with that travel.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12323. Space-required travel for Reserves.''.
(b) Effective Date.--Section 12323 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1999.
SEC. 518. FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED MEMBERS
OF THE MARINE CORPS RESERVE.
(a) In General.--Chapter 1205 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 12216. Financial assistance for members of the Marine Corps
platoon leader's class program
``(a) Program Authority.--The Secretary of the Navy may provide
payment of not more than $5,200 per year for a period not to exceed
three consecutive years of educational expenses (including tuition,
fees, books, and laboratory expenses) to an eligible enlisted member of
the Marine Corps Reserve for completion of--
``(1) baccalaureate degree requirements in an approved
academic program that requires less than five academic years to
complete; or
``(2) doctor of jurisprudence or bachelor of laws degree
requirements in an approved academic program which requires not
more than three years to complete.
``(b) Eligible Reservists.--To be eligible for receipt of
educational expenses as authorized by subsection (a), an enlisted
member of the Marine Corps Reserve must--
``(1) either--
``(A) be under 27 years of age on June 30 of the
calendar year in which the member is eligible for
appointment as a second lieutenant in the Marine Corps
for such persons in a baccalaureate degree program
described in subsection (a)(1), except that any such
member who has served on active duty in the armed
forces may exceed such age limitation on such date by a
period equal to the period such member served on active
duty, but only if such member will be under 30 years of
age on such date; or
``(B) be under 31 years of age on June 30 of the
calendar year in which the member is eligible for
appointment as a second lieutenant in the Marine Corps
for such persons in a doctor of jurisprudence or
bachelor of laws degree program described in subsection
(a)(2), except that any such member who has served on
active duty in the armed forces may exceed such age
limitation on such date by a period equal to the period
such member served on active duty, but only if such
member will be under 35 years of age on such date;
``(2) be satisfactorily enrolled at any accredited civilian
educational institution authorized to grant baccalaureate,
doctor of jurisprudence or bachelor of law degrees;
``(3) be selected as an officer candidate in the Marine
Corps Platoon Leader's Class Program and successfully complete
one increment of military training of not less than six weeks'
duration; and
``(4) agree in writing--
``(A) to accept an appointment as a commissioned
officer in the Marine Corps, if tendered by the
President;
``(B) to serve on active duty for a minimum of five
years; and
``(C) under such terms and conditions as shall be
prescribed by the Secretary of the Navy, to serve in
the Marine Corps Reserve until the eighth anniversary
of the receipt of such appointment.
``(c) Appointment.--Upon satisfactorily completing the academic and
military requirements of the Marine Corps Platoon Leaders Class
Program, an officer candidate may be appointed by the President as a
Reserve officer in the Marine Corps in the grade of second lieutenant.
``(d) Limitation on Number.--Not more than 1,200 officer candidates
may participate in the financial assistance program authorized by this
section at any one time.
``(e) Remedial Authority of Secretary.--An officer candidate may be
ordered to active duty in the Marine Corps by the Secretary of the Navy
to serve in an appropriate enlisted grade for such period of time as
the Secretary prescribes, but not for more than four years, when such
person--
``(1) accepted financial assistance under this section; and
``(2) either--
``(A) completes the military and academic
requirements of the Marine Corps Platoon Leaders Class
Program and refuses to accept a commission when
offered;
``(B) fails to complete the military or academic
requirements of the Marine Corps Platoon Leaders Class
Program; or
``(C) 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.
``(d) Persons Not Qualified for Appointment.--Except under
regulations prescribed by the Secretary of the Navy, a person who is
not physically qualified for appointment under section 532 of this
title and subsequently is determined by the Secretary of the Navy under
section 505 of this title to be unqualified for service as an enlisted
member of the Marine Corps due to a physical or medical condition that
was not the result of misconduct or grossly negligent conduct may
request a waiver of obligated service of such financial assistance.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``12216. Financial assistance for members of the Marine Corps platoon
leader's class program.''.
(c) Computation of Service Creditable.--Section 205 of title 37,
United States Code, is amended by adding at the end the following new
subsection:
``(f) Notwithstanding subsection (a), a commissioned officer
appointed under sections 12209 and 12216 of title 10 may not count in
computing basic pay a period of service after January 1, 2000, that the
officer performed concurrently as a member of the Marine Corps Platoon
Leaders Class Program and the Marine Corps Reserve, except that service
after that date that the officer performed before commissioning while
serving as an enlisted member on active duty or as a member of the
Selected Reserve may be so counted.''.
(d) Transition Provision.--An enlisted member of the Marine Corps
Reserve selected for training as officer candidates under section 12209
of title 10, United States Code, before October 1, 2000 may, upon
submitting an appropriate application, participate in the financial
assistance program established in subsection (a) if--
(1) the member is eligible for financial assistance under
the qualification requirements of subsection (a);
(2) the member submits to the Secretary of the Navy a
request for such financial assistance not later than 180 days
after the date of the enactment of this Act; and
(3) the member agrees in writing to accept an appointment,
if offered in the Marine Corps Reserve, and to comply with the
length of obligated service provisions in subsection (a)(2)(D)
of section 12216 of title 10, United States Code, as added by
subsection (a).
(e) Limitation on Crediting of Prior Service.--In computing length
of service for any purpose, a person who requests financial assistance
under subsection (d) may not be credited with service either as an
officer candidate or concurrent enlisted service, other than concurrent
enlisted service while serving on active duty other than for training
while a member of the Marine Corps Reserve.
SEC. 519. OPTIONS TO IMPROVE RECRUITING FOR THE ARMY RESERVE.
(a) Review.--The Secretary of the Army shall conduct a review of
the manner, process, and organization used by the Army to recruit new
members for the Army Reserve. The review shall seek to determine the
reasons for the continuing inability of the Army to meet recruiting
objectives for the Army Reserve and to identify measures the Secretary
could take to correct that inability.
(b) Reorganization To Be Considered.--Among the possible corrective
measures to be examined by the Secretary of the Army as part of the
review shall be a transfer of the recruiting function for the Army
Reserve from the Army Recruiting Command to a new, fully resourced
recruiting organization under the command and control of the Chief,
Army Reserve.
(c) Report.--Not later than July 1, 2000, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Service of the House of Representatives a report
setting forth the results of the review under this section. The report
shall include a description of any corrective measures the Secretary
intends to implement.
Subtitle C--Military Technicians
SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STATUS) LAW.
(a) Definition.--Subsection (a)(1) of section 10216 of title 10,
United States Code, is amended--
(1) in subparagraph (A), by striking ``section 709'' and
inserting ``section 709(b)''; and
(2) in subparagraph (C), by inserting ``civilian'' after
``is assigned to a''.
(b) Dual Status Requirement.--Subsection (e) of such section is
amended--
(1) in paragraph (1), by inserting ``(dual status)'' after
``military technician'' the second place it appears; and
(2) in paragraph (2)--
(A) by striking ``The Secretary'' and inserting
``Except as otherwise provided by law, the Secretary'';
and
(B) by striking ``six months'' and inserting ``up
to 12 months''.
SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.
(a) In General.--(1) Chapter 1007 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 10218. Army and Air Force Reserve Technicians: conditions for
retention; mandatory retirement under civil service laws
``(a) Separation and Retirement of Military Technicians (Dual
Status).--(1) An individual employed by the Army Reserve or the Air
Force Reserve as a military technician (dual status) who after the date
of the enactment of this section loses dual status is subject to
paragraph (2) or (3), as the case may be.
``(2) If a technician described in paragraph (1) is eligible at the
time dual status is lost for an unreduced annuity, the technician shall
be separated, subject to subsection (e), not later than 30 days after
the date on which dual status is lost.
``(3)(A) If a technician described in paragraph (1) is not eligible
at the time dual status is lost for an unreduced annuity, the
technician shall be offered the opportunity to--
``(i) reapply for, and if qualified be appointed to, a
position as a military technician (dual status); or
``(ii) apply for a civil service position that is not a
technician position.
``(B) If such a technician continues employment with the Army
Reserve or the Air Force Reserve as a non-dual status technician, the
technician--
``(i) shall not be permitted, after the end of the one-year
period beginning on the date of the enactment of this
subsection, to apply for any voluntary personnel action; and
``(ii) shall, subject to subsection (e), be separated or
retired--
``(I) in the case of a technician first hired as a
military technician (dual status) on or before February
10, 1996, not later than 30 days after becoming
eligible for an unreduced annuity; and
``(II) in the case of a technician first hired as a
military technician (dual status) after February 10,
1996, not later than one year after the date on which
dual status is lost.
``(4) For purposes of this subsection, a military technician is
considered to lose dual status upon--
``(A) being separated from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the
Secretary concerned for the position held by the technician.
``(b) Non-Dual Status Technicians.--(1) An individual who on the
date of the enactment of this section is employed by the Army Reserve
or the Air Force Reserve as a non-dual status technician and who on
that date is eligible for an unreduced annuity shall, subject to
subsection (e), be separated not later than six months after the date
of the enactment of this section.
``(2)(A) An individual who on the date of the enactment of this
section is employed by the Army Reserve or the Air Force Reserve as a
non-dual status technician and who on that date is not eligible for an
unreduced annuity shall be offered the opportunity to--
``(i) reapply for, and if qualified be appointed to, a
position as a military technician (dual status); or
``(ii) apply for a civil service position that is not a
technician position.
``(B) If such a technician continues employment with the Army
Reserve or the Air Force Reserve as a non-dual status technician, the
technician--
``(i) shall not be permitted, after the end of the one-year
period beginning on the date of the enactment of this
subsection, to apply for any voluntary personnel action; and
``(ii) shall, subject to subsection (e), be separated or
retired--
``(I) in the case of a technician first hired as a
technician on or before February 10, 1996, and who on
the date of the enactment of this section is a non-dual
status technician, not later than 30 days after
becoming eligible for an unreduced annuity; and
``(II) in the case of a technician first hired as a
technician after February 10, 1996, and who on the date
of the enactment of this section is a non-dual status
technician, not later than one year after the date on
which dual status is lost.
``(3) An individual employed by the Army Reserve or the Air Force
Reserve as a non-dual status technician who is ineligible for
appointment to a military technician (dual status) position, or who
decides not to apply for appointment to such a position, or who, within
six months of the date of the enactment of this section is not
appointed to such a position, shall for reduction-in-force purposes be
in a separate competitive category from employees who are military
technicians (dual status).
``(c) Unreduced Annuity Defined.--For purposes of this section, a
technician shall be considered to be eligible for an unreduced annuity
if the technician is eligible for an annuity under section 8336, 8412,
or 8414 of title 5 that is not subject to a reduction by reason of the
age or years of service of the technician.
``(d) Voluntary Personnel Action Defined.--In this section, the
term `voluntary personnel action', with respect to a non-dual status
technician, means any of the following:
``(1) The hiring, entry, appointment, reassignment,
promotion, or transfer of the technician into a position for
which the Secretary concerned has established a requirement
that the person occupying the position be a military technician
(dual status).
``(2) Promotion to a higher grade if the technician is in a
position for which the Secretary concerned has established a
requirement that the person occupying the position be a
military technician (dual status).
``(e) Annual Limitation on Mandatory Retirements.--Until October 1,
2004, the Secretary of the Army and the Secretary of the Air Force may
not during any fiscal year approve a total of more than 25 mandatory
retirements under this section. A technician who is subject to
mandatory separation under this section in any fiscal year and who, but
for this subsection, would be eligible to be retired with an unreduced
annuity shall, if not sooner separated under some other provision of
law, be eligible to be retained in service until mandatorily retired
consistent with the limitation in this subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``10218. Army and Air Force Reserve Technicians: conditions for
retention; mandatory retirement under civil
service laws.''.
(3) During the six-month period beginning on the date of the
enactment of this Act, the provisions of subsections (a)(3)(B)(ii)(I)
and (b)(2)(B)(ii)(I) of section 10218 of title 10, United States Code,
as added by paragraph (1), shall be applied by substituting ``six
months'' for ``30 days''.
(b) Early Retirement.--Section 8414(c) of title 5, United States
Code, is amended to read as follows:
``(c)(1) An employee who was hired as a military reserve technician
on or before February 10, 1996 (under the provisions of this title in
effect before that date), and who is separated from technician service,
after becoming 50 years of age and completing 25 years of service, by
reason of being separated from the Selected Reserve of the employee's
reserve component or ceasing to hold the military grade specified by
the Secretary concerned for the position held by the employee is
entitled to an annuity.
``(2) An employee who is initially hired as a military technician
(dual status) after February 10, 1996, and who is separated from the
Selected Reserve or ceases to hold the military grade specified by the
Secretary concerned for the position held by the technician--
``(A) after completing 25 years of service as a military
technician (dual status), or
``(B) after becoming 50 years of age and completing 20
years of service as a military technician (dual status),
is entitled to an annuity.''.
(c) Conforming Amendments.--Chapter 84 of title 5, United States
Code, is amended as follows:
(1) Section 8415(g)(2) is amended by striking ``military
reserve technician'' and inserting ``military technician (dual
status)''.
(2) Section 8401(30) is amended to read as follows:
``(30) the term `military technician (dual status)' means
an employee described in section 10216 of title 10;''.
(d) Disability Retirement.--Section 8337(h) of title 5, United
States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or section 10216 of title 10''
after ``title 32'';
(B) by striking ``such title'' and all that follows
through the period and inserting ``title 32 or section
10216 of title 10, respectively, to be a member of the
Selected Reserve.'';
(2) in paragraph (2)(A)(i)--
(A) by inserting ``or section 10216 of title 10''
after ``title 32''; and
(B) by striking ``National Guard or from holding
the military grade required for such employment'' and
inserting ``Selected Reserve''; and
(3) in paragraph (3)(C), by inserting ``or section 10216 of
title 10'' after ``title 32''.
SEC. 523. REVISION TO NON-DUAL STATUS TECHNICIANS STATUTE.
(a) Revision.--Section 10217 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``military'' after ``non-dual
status'' in the matter preceding paragraph (1); and
(B) by striking paragraphs (1) and (2) and
inserting the following:
``(1) was hired as a technician before November 18, 1997,
under any of the authorities specified in subsection (b) and as
of that date is not a member of the Selected Reserve or after
such date has ceased to be a member of the Selected Reserve; or
``(2) is employed under section 709 of title 32 in a
position designated under subsection (c) of that section and
when hired was not required to maintain membership in the
Selected Reserve.''; and
(2) by adding at the end the following new subsection:
``(c) Permanent Limitations on Number.--(1) Effective October 1,
2007, the total number of non-dual status technicians employed by the
Army Reserve and Air Force Reserve may not exceed 175. If at any time
after the preceding sentence takes effect the number of non-dual status
technicians employed by the Army Reserve and Air Force Reserve exceeds
the number specified in the limitation in the preceding sentence, the
Secretary of Defense shall require that the Secretary of the Army or
the Secretary of the Air Force, or both, take immediate steps to reduce
the number of such technicians in order to comply with such limitation.
``(2) Effective October 1, 2001, the total number of non-dual
status technicians employed by the National Guard may not exceed 1,950.
If at any time after the preceding sentence takes effect the number of
non-dual status technicians employed by the National Guard exceeds the
number specified in the limitation in the preceding sentence, the
Secretary of Defense shall require that the Secretary of the Army or
the Secretary of the Air Force, or both, take immediate steps to reduce
the number of such technicians in order to comply with such
limitation.''.
(c) Conforming Amendments.--The heading of such section and the
item relating to such section in the table of sections at the beginning
of chapter 1007 of such title are each amended by striking the
penultimate word.
SEC. 524. REVISION TO AUTHORITIES RELATING TO NATIONAL GUARD
TECHNICIANS.
Section 709 of title 32, United States Code, is amended to read as
follows:
``Sec. 709. Technicians: employment, use, status
``(a) Under regulations prescribed by the Secretary of the Army or
the Secretary of the Air Force, as the case may be, and subject to
subsections (b) and (c), persons may be employed as technicians in--
``(1) the administration and training of the National
Guard; and
``(2) the maintenance and repair of supplies issued to the
National Guard or the armed forces.
``(b) Except as authorized in subsection (c), a person employed
under subsection (a) must meet each of the following requirements:
``(1) Be a military technician (dual status) as defined in
section 10216(a) of title 10.
``(2) Be a member of the National Guard.
``(3) Hold the military grade specified by the Secretary
concerned for that position.
``(4) While performing duties as a military technician
(dual status), wear the uniform appropriate for the member's
grade and component of the armed forces .
``(c)(1) A person may be employed under subsection (a) as a non-
dual status technician (as defined by section 10217 of title 10) if the
technician position occupied by the person has been designated by the
Secretary concerned to be filled only by a non-dual status technician.
``(2) The total number of non-dual status technicians in the
National Guard is specified in section 10217(c)(2) of title 10.
``(d) The Secretary concerned shall designate the adjutants general
referred to in section 314 of this title to employ and administer the
technicians authorized by this section.
``(e) A technician employed under subsection (a) is an employee of
the Department of the Army or the Department of the Air Force, as the
case may be, and an employee of the United States. However, a position
authorized by this section is outside the competitive service if the
technician employed in that position is required under subsection (b)
to be a member of the National Guard.
``(f) Notwithstanding any other provision of law and under
regulations prescribed by the Secretary concerned--
``(1) a person employed under subsection (a) who is a
military technician (dual status) and otherwise subject to the
requirements of subsection (b) who--
``(A) is separated from the National Guard or
ceases to hold the military grade specified by the
Secretary concerned for that position shall be promptly
separated from military technician (dual status)
employment by the adjutant general of the jurisdiction
concerned; and
``(B) fails to meet the military security standards
established by the Secretary concerned for a member of
a reserve component under his jurisdiction may be
separated from employment as a military technician
(dual status) and concurrently discharged from the
National Guard by the adjutant general of the
jurisdiction concerned;
``(2) a technician may, at any time, be separated from his
technician employment for cause by the adjutant general of the
jurisdiction concerned;
``(3) a reduction in force, removal, or an adverse action
involving discharge from technician employment, suspension,
furlough without pay, or reduction in rank or compensation
shall be accomplished by the adjutant general of the
jurisdiction concerned;
``(4) a right of appeal which may exist with respect to
paragraph (1), (2), or (3) shall not extend beyond the adjutant
general of the jurisdiction concerned; and
``(5) a technician shall be notified in writing of the
termination of his employment as a technician and, unless the
technician is serving under a temporary appointment, is serving
in a trial or probationary period, or has voluntarily ceased to
be a member of the National Guard when such membership is a
condition of employment, such notification shall be given at
least 30 days before the termination date of such employment.
``(g) Sections 2108, 3502, 7511, and 7512 of title 5 do not apply
to a person employed under this section.
``(h) Notwithstanding sections 5544(a) and 6101(a) of title 5 or
any other provision of law, the Secretary concerned may prescribe the
hours of duty for technicians. Notwithstanding sections 5542 and 5543
of title 5 or any other provision of law, such technicians shall be
granted an amount of compensatory time off from their scheduled tour of
duty equal to the amount of any time spent by them in irregular or
overtime work, and shall not be entitled to compensation for such work.
``(i) The Secretary concerned may not prescribe for purposes of
eligibility for Federal recognition under section 301 of this title a
qualification applicable to technicians employed under subsection (a)
that is not applicable pursuant to that section to the other members of
the National Guard in the same grade, branch, position, and type of
unit or organization involved.''.
SEC. 525. EFFECTIVE DATE.
The amendments made by sections 523 and 524 shall take effect 180
days after the date of the receipt by Congress of the plan required by
section 523(d) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1737) or a report by the
Secretary of Defense providing an alternative proposal to the plan
required by that section.
SEC. 526. SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN COSTING
PROCESS.
(a) Review.--The Secretary of Defense shall review the process used
by the Army, including use of the Civilian Manpower Obligation
Resources (CMOR) model, to develop estimates of the annual
authorizations and appropriations required for civilian personnel of
the Department of the Army generally and for National Guard and Army
Reserve technicians in particular. Based upon the review, the Secretary
shall direct that any appropriate revisions to that process be
implemented.
(b) Purpose of Review.--The purpose of the review shall be to
ensure that the process referred to in subsection (a) does the
following:
(1) Accurately and fully incorporates all the actual cost
factors for such personnel, including particularly those
factors necessary to recruit, train, and sustain a qualified
technician workforce.
(2) Provides estimates of required annual appropriations
required to fully fund all the technicians (both dual status
and non-dual status) requested in the President's budget.
(3) Eliminates inaccuracies in the process that compel both
the Army Reserve and the Army National Guard either (A) to
reduce the number of military technicians (dual status) below
the statutory floors without corresponding force structure
reductions, or (B) to transfer funds from other appropriations
simply to provide the required funding for military technicians
(dual status).
(c) Report.--The Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report containing the results of the
review undertaken under this section, together with a description of
corrective actions taken and proposed, not later than March 31, 2000.
SEC. 527. FISCAL YEAR 2000 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
The number of civilian employees who are non-dual status
technicians of a reserve component of the Army or Air Force as of
September 30, 2000, may not exceed the following:
(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, 0.
(4) For the Air National Guard of the United States, 342.
Subtitle D--Service Academies
SEC. 531. WAIVER OF REIMBURSEMENT OF EXPENSES FOR INSTRUCTION AT
SERVICE ACADEMIES OF PERSONS FROM FOREIGN COUNTRIES.
(a) United States Military Academy.--Section 4344(b)(3) of title
10, United States Code, is amended--
(1) by striking ``35 percent'' and inserting ``50
percent''; and
(2) by striking ``five persons'' and inserting ``20
persons''.
(b) Naval Academy.--Section 6957(b)(3) of such title is amended--
(1) by striking ``35 percent'' and inserting ``50
percent''; and
(2) by striking ``five persons'' and inserting ``20
persons''.
(c) Air Force Academy.--Section 9344(b)(3) of such title is
amended--
(1) by striking ``35 percent'' and inserting ``50
percent''; and
(2) by striking ``five persons'' and inserting ``20
persons''.
(d) Effective Date.--The amendments made by this section apply with
respect to students from a foreign country entering the United States
Military Academy, the United States Naval Academy, or the United States
Air Force Academy on or after May 1, 1999.
SEC. 532. COMPLIANCE BY UNITED STATES MILITARY ACADEMY WITH STATUTORY
LIMIT ON SIZE OF CORPS OF CADETS.
(a) Compliance Required.--(1) The Secretary of the Army shall take
such action as necessary to ensure that the United States Military
Academy is in compliance with the USMA cadet strength limit not later
than the day before the last day of the 2001-2002 academic year.
(2) The Secretary of the Army may provide for a variance to the
USMA cadet strength limit--
(A) as of the day before the last day of the 1999-2000
academic year of not more than 5 percent; and
(B) as of the day before the last day of the 2000-2001
academic year of not more than 2\1/2\ percent.
(3) For purposes of this subsection--
(A) the USMA cadet strength limit is the maximum of 4,000
cadets established for the Corps of Cadets at the United States
Military Academy by section 511 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 4342 note), reenacted in section 4342(a) of
title 10, United States Code, by the amendment made by
subsection (b)(1); and
(B) the last day of the 2001-2002 academic year is the day
on which the class of 2002 graduates.
(b) Reenactment of Limitation.--
(1) Army.--Section 4342 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``is as
follows:'' in the matter preceding paragraph (1) and
inserting ``(determined for any year as of the day
before the last day of the academic year) is 4,000.
Subject to that limitation, cadets are selected as
follows:''; and
(B) by adding at the end the following new
subsection:
``(i) For purposes of the limitation under subsection (a), the last
day of an academic year is graduation day.''.
(2) Navy.--Section 6954 of such title is amended--
(A) by striking the matter preceding paragraph (1)
and inserting the following:
``(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day of the
academic year) is 4,000. Subject to that limitation, midshipmen are
selected as follows:''; and
(B) by adding at the end the following new
subsection:
``(g) For purposes of the limitation under subsection (a), the last
day of an academic year is graduation day.''.
(3) Air force.--Section 9342 of such title is amended--
(A) in subsection (a), by striking ``is as
follows:'' in the matter preceding paragraph (1) and
inserting ``(determined for any year as of the day
before the last day of the academic year) is 4,000.
Subject to that limitation, Air Force Cadets are
selected as follows:''; and
(B) by adding at the end the following new
subsection:
``(i) For purposes of the limitation under subsection (a), the last
day of an academic year is graduation day.''.
(4) Conforming repeal.--Section 511 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 4342 note) is repealed.
SEC. 533. DEAN OF ACADEMIC BOARD, UNITED STATES MILITARY ACADEMY AND
DEAN OF THE FACULTY, UNITED STATES AIR FORCE ACADEMY.
(a) Dean of the Academic Board, USMA.--Section 4335 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c) While serving as Dean of the Academic Board, an officer of
the Army who holds a grade lower than brigadier general shall hold the
grade of brigadier general, if appointed to that grade by the
President, by and with the advice and consent of the Senate. The
retirement age of an officer so appointed is that of a permanent
professor of the Academy. An officer so appointed is counted for
purposes of the limitation in section 526(a) of this title on general
officers of the Army on active duty.''.
(b) Dean of the Faculty, USAFA.--Section 9335 of title 10, United
States Code, is amended--
(1) by inserting ``(a)'' at the beginning of the text of
the section; and
(2) by adding at the end the following new subsection:
``(b) While serving as Dean of the Faculty, an officer of the Air
Force who holds a grade lower than brigadier general shall hold the
grade of brigadier general, if appointed to that grade by the
President, by and with the advice and consent of the Senate. The
retirement age of an officer so appointed is that of a permanent
professor of the Academy An officer so appointed is counted for
purposes of the limitation in section 526(a) of this title on general
officers of the Air Force on active duty.''.
SEC. 534. EXCLUSION FROM CERTAIN GENERAL AND FLAG OFFICER GRADE
STRENGTH LIMITATIONS FOR THE SUPERINTENDENTS OF THE
SERVICE ACADEMIES.
Section 525(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(7) An officer of the Army while serving as Superintendent of the
United States Military Academy, if serving in the grade of lieutenant
general, is in addition to the number that would otherwise be permitted
for the Army for officers serving on active duty in grades above major
general under paragraph (1). An officer of the Navy or Marine Corps
while serving as Superintendent of the United States Naval Academy, if
serving in the grade of vice admiral or lieutenant general, is in
addition to the number that would otherwise be permitted for the Navy
or Marine Corps, respectively, for officers serving on active duty in
grades above major general or rear admiral under paragraph (1) or (2).
An officer while serving as Superintendent of the United Air Force
Academy, if serving in the grade of lieutenant general, is in addition
to the number that would otherwise be permitted for the Air Force for
officers serving on active duty in grades above major general under
paragraph (1).''.
Subtitle E--Education and Training
SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE INTERNATIONAL
STUDENT PROGRAM AT THE SENIOR MILITARY COLLEGES.
(a) In General.--(1) Chapter 103 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2111b. Senior military colleges: Department of Defense
international student program
``(a) Program Requirement.--The Secretary of Defense shall
establish a program to facilitate the enrollment and instruction of
persons from foreign countries as international students at the senior
military colleges.
``(b) Purposes.--The purposes of the program shall be--
``(1) to provide a high-quality, cost-effective military-
based educational experience for international students in
furtherance of the military-to-military program objectives of
the Department of Defense; and
``(2) to enhance the educational experience and preparation
of future United States military leaders through increased,
extended interaction with highly qualified potential foreign
military leaders.
``(c) Coordination with the Senior Military Colleges.--Guidelines
for implementation of the program shall be developed in coordination
with the senior military colleges.
``(d) Recommendations for Admission of Students Under the
Program.--The Secretary of Defense shall annually identify to the
senior military colleges the international students who, based on
criteria established by the Secretary, the Secretary recommends be
considered for admission under the program. The Secretary shall
identify the recommended international students to the senior military
colleges as early as possible each year to enable those colleges to
consider them in a timely manner in their respective admissions
processes.
``(e) DOD Financial Support.--An international student who is
admitted to a senior military college under the program under this
section is responsible for the cost of instruction at that college. The
Secretary of Defense may, from funds available to the Department of
Defense other than funds available for financial assistance under
section 2107a of this title, provide some or all of the costs of
instruction for any such student.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2111b. Senior military colleges: Department of Defense international
student program.''.
(b) Effective Date.--The Secretary of Defense shall implement the
program under section 2111b of title 10, United States Code, as added
by subsection (a), with students entering the senior military colleges
after May 1, 2000.
(c) Repeal of Obsolete Provision.--Section 2111a(e)(1) of title 10,
United States Code, is amended by striking the second sentence.
(d) Fiscal Year 2000 Funding.--Of the amounts made available to the
Department of Defense for fiscal year 2000 pursuant to section 301,
$2,000,000 shall be available for financial support for international
students under section 2111b of title 10, United States Code, as added
by subsection (a).
SEC. 542. AUTHORITY FOR ARMY WAR COLLEGE TO AWARD DEGREE OF MASTER OF
STRATEGIC STUDIES.
(a) Authority.--Chapter 401 of title 10, United States Code, is
amended by adding at the end the following new section:
``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 that degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4321. United States Army War College: master of strategic studies
degree.''.
SEC. 543. AUTHORITY FOR AIR UNIVERSITY TO AWARD GRADUATE-LEVEL DEGREES.
(a) In General.--Subsection (a) of section 9317 of title 10, United
States Code, is amended to read as follows:
``(a) Authority.--Upon recommendation of the faculty of the
appropriate school, the commander of the Air University may confer--
``(1) the degree of master of strategic studies upon
graduates of the Air War College who fulfill the requirements
for that degree;
``(2) the degree of master of military operational art and
science upon graduates of the Air Command and Staff College who
fulfill the requirements for that degree; and
``(3) the degree of master of airpower art and science upon
graduates of the School of Advanced Air power Studies who
fulfill the requirements for that degree.''.
(b) Clerical Amendments.--(1) The heading for that section is
amended to read:
``Sec. 9317. Air University: graduate-level degrees''.
(2) The item relating to that section in the table of sections at
the beginning of chapter 901 of such title is amended to read as
follows:
``9317. Air University: graduate-level degrees.''.
SEC. 544. CORRECTION OF RESERVE CREDIT FOR PARTICIPATION IN HEALTH
PROFESSIONAL SCHOLARSHIP AND FINANCIAL ASSISTANCE
PROGRAM.
Section 2126(b) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``only for'' and all that follows
through ``Award of'' and inserting ``only for the award
of''; and
(B) by striking subparagraph (B);
(2) in paragraph (3) by striking ``paragraph (2)(A), a
member'' and inserting ``paragraph (2), a member who completes
a satisfactory year of service in the Selected Reserve'';
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following new
paragraph (5):
``(5) A member of the Selected Reserve who is awarded
points or service credit under this subsection shall not be
considered to have been in an active status, by reason of the
award of the points or credit, while pursuing a course of study
under this subchapter for purposes of any provision of law
other than sections 12732(a) and 12733(3) of this title.''.
SEC. 545. PERMANENT EXPANSION OF ROTC PROGRAM TO INCLUDE GRADUATE
STUDENTS.
(a) Permanent Authority for the ROTC Graduate Program.--Paragraph
(2) of section 2107(c)(2) of title 10, United States Code, is amended
to read as follows:
``(2) The Secretary 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 the program.''.
(b) Authority To Enroll in Advanced Training Program.--Section
2101(3) of title 10, United States Code, is amended by inserting
``students enrolled in an advanced education program beyond the
baccalaureate degree level or to'' after ``instruction offered in the
Senior Reserve Officers' Training Corps to''.
SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR SENIOR ROTC
CADETS SELECTED FOR ADVANCED TRAINING.
(a) Increase.--Section 209(a) of title 37, United States Code, is
amended by striking ``$150 a month'' and inserting ``$200 a month''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1999.
SEC. 547. CONTINGENT FUNDING INCREASE FOR JUNIOR ROTC PROGRAM.
(a) In General.--(1) Chapter 102 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2033. Contingent funding increase
``If for any fiscal year the amount appropriated for the National
Guard Challenge Program under section 509 of title 32 is in excess of
$62,500,000, the Secretary of Defense shall (notwithstanding any other
provision of law) make the amount in excess of $62,500,000 available
for the Junior Reserve Officers' Training Corps program under section
2031 of this title, and such excess amount may not be used for any
other purpose.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2033. Contingent funding increase.''.
(b) Effective Date.--Section 2033 of title 10, United States Code,
as added by subsection (a), shall apply only with respect to funds
appropriated for fiscal years after fiscal year 1999.
SEC. 548. CHANGE FROM ANNUAL TO BIENNIAL REPORTING UNDER THE RESERVE
COMPONENT MONTGOMERY GI BILL.
(a) In General.--Section 16137 of title 10, United States Code, is
amended to read as follows:
``Sec. 16137. Biennial report to Congress
``The Secretary of Defense shall submit to Congress a report not
later than March 1 of each odd-numbered year concerning the operation
of the educational assistance program established by this chapter
during the preceding two fiscal years. Each such report 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 those fiscal years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1606 of such title is amended to read as follows:
``16137. Biennial report to Congress.''.
SEC. 549. RECODIFICATION AND CONSOLIDATION OF STATUTES DENYING FEDERAL
GRANTS AND CONTRACTS BY CERTAIN DEPARTMENTS AND AGENCIES
TO INSTITUTIONS OF HIGHER EDUCATION THAT PROHIBIT SENIOR
ROTC UNITS OR MILITARY RECRUITING ON CAMPUS.
(a) Recodification and Consolidation for Limitations on Federal
Grants and Contracts.--(1) Section 983 of title 10, United States Code,
is amended to read as follows:
``Sec. 983. Institutions of higher education that prevent ROTC access
or military recruiting on campus: denial of grants and
contracts from Department of Defense, Department of
Education, and certain other departments and agencies
``(a) Denial of Funds for Preventing ROTC Access to Campus.--No
funds described in subsection (d) may be provided by contract or by
grant (including a grant of funds to be available for student aid) to a
covered educational entity if the Secretary of Defense determines that
the covered educational entity has a policy or practice (regardless of
when implemented) that either prohibits, or in effect prevents--
``(1) the Secretary of a military department from
maintaining, establishing, or operating a unit of the Senior
Reserve Officer Training Corps (in accordance with section 654
of this title and other applicable Federal laws) at the covered
educational entity; or
``(2) a student at the covered educational entity from
enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
``(b) Denial of Funds for Preventing Military Recruiting on
Campus.--No funds described in subsection (d) may be provided by
contract or by grant (including a grant of funds to be available for
student aid) to a covered educational entity if the Secretary of
Defense determines that the covered educational entity has a policy or
practice (regardless of when implemented) that either prohibits, or in
effect prevents--
``(1) the Secretary of a military department from gaining
entry to campuses, or access to students (who are 17 years of
age or older) on campuses, for purposes of military recruiting;
or
``(2) access by military recruiters for purposes of
military recruiting to the following information pertaining to
students (who are 17 years of age or older) enrolled at the
covered educational entity:
``(A) Names, addresses, and telephone listings.
``(B) Date and place of birth, levels of education,
academic majors, degrees received, and the most recent
educational institution enrolled in by the student.
``(c) Exceptions.--The limitation established in subsection (a) or
(b) shall not apply to a covered educational entity if the Secretary of
Defense determines that--
``(1) the covered educational entity has ceased the policy
or practice described in that subsection; or
``(2) the institution of higher education involved has a
longstanding policy of pacifism based on historical religious
affiliation.
``(d) Covered Funds.--The limitations established in subsections
(a) and (b) apply to the following:
``(1) Any funds made available for the Department of
Defense.
``(2) Any funds made available in a Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act.
``(e) Notice of Determinations.--Whenever the Secretary of Defense
makes a determination under subsection (a), (b), or (c), the
Secretary--
``(1) shall transmit a notice of the determination to the
Secretary of Education and to Congress; and
``(2) shall publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the covered educational entity for contracts and
grants.
``(f) Semiannual Notice in Federal Register.--The Secretary of
Defense shall publish in the Federal Register once every six months a
list of each covered educational entity that is currently ineligible
for contracts and grants by reason of a determination of the Secretary
under subsection (a) or (b).
``(g) Covered Educational Entity.--In this section, the term
`covered educational entity' means an institution of higher education,
or a subelement of an institution of higher education.''.
(2) The item relating to section 983 in the table of sections at
the beginning of such chapter is amended to read as follows:
``983. Institutions of higher education that prevent ROTC access or
military recruiting on campus: denial of
grants and contracts from Department of
Defense, Department of Education, and
certain other departments and agencies.''.
(b) Repeal of Codified Provisions.--The following provisions of law
are repealed:
(1) Section 558 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 503 note).
(2) Section 514 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1997 (as contained in section 101(e) of
division A of Public Law 104-208; 110 Stat. 3009-270; 10 U.S.C.
503 note).
Subtitle F--Decorations and Awards
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 awards of
decorations described in this section, the award of each such
decoration having been determined by the Secretary of the military
department concerned to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to the
award of the Distinguished Flying Cross for service during World War II
or Korea (including multiple awards to the same individual) in the case
of each individual concerning whom the Secretary of the Navy (or an
officer of the Navy acting on behalf of the Secretary) submitted to the
Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate, during the period beginning
on October 17, 1998, and ending on the day before the date of the
enactment of this Act, a notice as provided in section 1130(b) of title
10, United States Code, that the award of the Distinguished Flying
Cross to that individual is warranted and that a waiver of time
restrictions prescribed by law for recommendation for such award is
recommended.
SEC. 552. SENSE OF CONGRESS CONCERNING PRESIDENTIAL UNIT CITATION FOR
CREW OF THE U.S.S. INDIANAPOLIS.
(a) Findings.--Congress reaffirms the findings made in section
1052(a) of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2844) that the heavy cruiser U.S.S.
INDIANAPOLIS (CA-35)--
(1) served the people of the United States with valor and
distinction throughout World War II in action against enemy
forces in the Pacific Theater of Operations from December 7,
1941 to July 29, 1945;
(2) with her courageous and capable crew, compiled an
impressive combat record during the war in the Pacific,
receiving in the process 10 battle stars in actions from the
Aleutians to Okinawa;
(3) rendered invaluable service in anti-shipping, shore
bombardment, anti-air, and invasion support roles and serving
as flagship for the Fifth Fleet under Admiral Raymond Spruance
and flagship for the Third Fleet under Admiral William F.
Halsey; and
(4) transported the world's first operational atomic bomb
from the United States to the Island of Tinian, accomplishing
that mission at a record average speed of 29 knots.
(b) Further Findings.--Congress further finds that--
(1) from participation in the earliest offensive actions in
the Pacific during World War II to her pivotal role in
delivering the weapon that brought the war to an end, the
U.S.S. INDIANAPOLIS and her crew left an indelible imprint on
the Nation's struggle to eventual victory in the war in the
Pacific; and
(2) the selfless, courageous, and outstanding performance
of duty by that ship and her crew throughout the war in the
Pacific reflects great credit upon the ship and her crew, thus
upholding the very highest traditions of the United States
Navy.
(c) Sense of Congress.--It is the sense of Congress that the
President should award a Presidential Unit Citation to the crew of the
U.S.S. INDIANAPOLIS (CA-35) in recognition of the courage and skill
displayed by the members of the crew of that vessel throughout World
War II.
(2) A citation described in paragraph (1) may be awarded without
regard to any provision of law or regulation prescribing a time
limitation that is otherwise applicable with respect to recommendation
for, or the award of, such a citation.
SEC. 553. 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.
Subtitle G--Other Matters
SEC. 561. REVISION IN AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE
DUTY.
(a) Period of Recall Service for Retired Members Ordered To Active
Duty.--Section 688(e) of title 10, United States Code, is amended by
striking ``for more than 12 months within 24 months'' and inserting
``for more than 36 months within 48 months''.
(b) Limitation on Number.--Section 690(b)(1) of such title is
amended by striking ``Not more than 25 officers'' and inserting ``In
addition to the officers subject to subsection (a), not more than 150
officers''.
(c) Exclusion From Limitation of Members of Retiree Councils.--
Section 690(b)(2) of such title is amended by adding at the end the
following new subparagraph:
``(D) Any officer assigned to duty as a member of the Army,
Navy, or Air Force Retiree Council for the period of active
duty to which ordered.''.
(d) Exclusion From Limitation of Officers Recalled for 60 Days or
Less.--Section 690 of such title is further amended--
(1) by striking the second sentence of subsection (a);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Exclusion From Limitations of Officers Recalled for 60 Days
or Less.--A retired officer ordered to active duty for a period of 60
days or less shall not be counted for the purposes of subsection (a) or
(b).''.
SEC. 562. TEMPORARY AUTHORITY FOR RECALL OF RETIRED AVIATORS.
(a) Authority.--During the retired aviator recall period, the
Secretary of a military department may recall to active duty any
retired officer having expertise as an aviator to fill staff positions
normally filled by active duty aviators. Any such recall may only be
with the consent of the officer recalled.
(b) Limitation.--No more than a total of 500 officers may be on
active duty at any time under subsection (a).
(c) Termination.--Each officer recalled to active duty under
subsection (a) during the retired aviator recall period shall be
released from active duty not later than one year after the end of such
period.
(d) Waivers.--Officers recalled to active duty under subsection (a)
shall not be counted for purposes of section 668 or 690 of title 10,
United States Code.
(e) Retired Aviator Recall Period.--For purposes of this section,
the term ``retired aviator recall period'' means the period beginning
on October 1, 1999, and ending on September 30, 2002.
(f) Report.--Not later than March 31, 2002, the Secretary of
Defense submit to the Committee on Armed Services of the Senate and the
Committee on Armed Service of the House of Representatives a report on
the use of the authority under this section, together with the
Secretary's recommendation for extension of that authority.
SEC. 563. SERVICE REVIEW AGENCIES COVERED BY PROFESSIONAL STAFFING
REQUIREMENT.
Section 1555(c)(2) of title 10, United States Code, is amended by
inserting ``the Navy Council of Personnel Boards and'' after
``Department of the Navy,''.
SEC. 564. CONFORMING AMENDMENT TO AUTHORIZE RESERVE OFFICERS AND
RETIRED REGULAR OFFICERS TO HOLD A CIVIL OFFICE WHILE
SERVING ON ACTIVE DUTY FOR NOT MORE THAN 270 DAYS.
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. 565. REVISION TO REQUIREMENT FOR HONOR GUARD DETAILS AT FUNERALS
OF VETERANS.
(a) Composition of Honor Guard Details.--Subsection (b) of section
1491 of title 10, United States Code, is amended by striking ``consists
of'' and all that follows through the period and inserting ``consists
of not less than two persons, who shall, at a minimum, perform a
ceremony to fold and present a United States flag to the deceased
veteran's family and who shall (unless a bugler is part of the detail)
have the capability to play a recorded version of Taps. At least one
member of an honor guard detail provided in response to a request to
the Department of Defense shall be a member of the same armed force as
the deceased veteran.''.
(b) Support for Nongovernmental Organizations.--Such section is
further amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Support for Nongovernmental Organizations.--The Secretary of
a military department shall provide material, equipment, and training
to support qualified nongovernmental organizations, as necessary for
the support of honor guard activities. The Secretary shall prescribe by
regulation standards for determining what nongovernmental organizations
are qualified for purposes of this subsection, the type of support that
may be provided under this subsection, and the manner in which such
support is provided.''.
(c) Implementing OSD Regulations.--Subsection (e) of such section,
as redesignated by subsection (b)(1), is amended by striking the last
two sentences and inserting the following: ``The Secretary shall
require that procedures be established by the Secretaries of the
military departments for coordinating and responding to requests for
honor guard details, for establishing standards and protocols for,
responding to requests for and conducting military funeral honors, and
for providing training and quality control.''.
(d) Waiver Authority.--Such section is further amended by inserting
after subsection (f), as redesignated by subsection (b)(1), the
following new subsection:
``(g) Waiver Authority.--(1) The Secretary of Defense may waive any
of the provisions of this section when the Secretary determines that
such a waiver is necessary because of a contingency operation or when
the Secretary otherwise considers such a waiver to be necessary to meet
military requirements. The authority to make such a waiver may not be
delegated to any official of a military department other than the
Secretary of the military department and may not be delegated within
the Office of the Secretary of Defense to an official at a level below
Under Secretary of Defense.''.
``(2) Whenever a waiver is granted under paragraph (1), the
Secretary of Defense shall promptly submit notice of the waiver to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.''.
(e) Coverage of Certain Reservists.--Such section is further
amended by striking the period at the end of subsection (h), as
redesignated by subsection (b)(1), and inserting ``and includes a
deceased member or former member of the Selected Reserve described in
section 2301(f) of title 38.''.
(f) Authority To Accept Voluntary Services.--Section 1588(a) of
such title is amended by adding at the end the following new paragraph:
``(4) Voluntary services as a member of an honor guard
detail under section 1491 of this title.''.
(g) Effective Date.--(1) Section 1491 of title 10, United States
Code, as amended by this section, shall apply with respect to funerals
of veterans that occur after December 31, 1999.
(2) Subsection (a) of such section is amended by striking ``that
occurs after December 31, 1999''.
(h) National Guard Funeral Honors Duty.--(1) Section 114 of title
32, United States Code, is amended--
(A) by striking ``honor guard'' both places it appears and
inserting ``funeral honors''; and
(B) by striking ``otherwise required'' and inserting ``,
but may be performed as funeral honors duty as prescribed in
section 115 of this title''.
(2) Chapter 1 of such title is amended by adding at the end the
following new section:
``Sec. 115. Funeral honors duty performed as a Federal function
``(a) Under regulations prescribed by the Secretary of Defense, 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 (as defined in section
1491 of title 10).
``(b) 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 service credit under section 1273(a)(2)(E) of title 10
and compensation under section 435 of title 37 if authorized by the
Secretary concerned.
``(c) Funeral honors duty (and travel directly to and from that
duty) under this section shall be treated as the equivalent of
inactive-duty training (and travel directly to and from that training)
for the purposes of this section and the provisions of title 10, title
37, and title 38, including provisions relating to the determination of
eligibility for and the receipt of benefits and entitlements provided
under those titles for Reserves performing inactive-duty training and
for their dependents and survivors, except that a member is not
entitled by reason of performance of funeral honors duty to any pay,
allowances, or other compensation provided for in title 37 other than
that provided in section 435 of that title and in subsection (d).
``(d) A member who performs funeral honors duty under this section
is entitled to 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 50 miles or more from
the member's residence.''.
(3)(A) The heading of section 114 of such title 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 such
title 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.''.
(i) Ready Reserve Funeral Honors Duty.--(1)(A) Chapter 1213 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 12503. Ready Reserve: funeral honors duty
``(a) Under regulations prescribed by the Secretary of Defense, 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). 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) 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 service credit under section 12732(a)(2)(E) of this
title and compensation under section 435 of title 37 if authorized by
the Secretary concerned.
``(c) Funeral honors duty (and travel directly to and from that
duty) under this section shall be treated as the equivalent of
inactive-duty training (and travel directly to and from that training)
for the purposes of this title, title 37, and title 38, including
provisions relating to the determination of eligibility for and receipt
of benefits and entitlements provided under those titles for Reserves
performing inactive-duty training and for their dependents and
survivors, except that a member is not entitled by reason of
performance of funeral honors duty to any pay, allowances, or other
compensation provided for in title 37 other than that provided in
section 435 of that title and in subsection (d).
``(d) A member who performs funeral honors duty under this section
is entitled to 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 50 miles or more from
the member's residence.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12503. Ready Reserve: funeral honors duty.''.
(2)(A) Section 12552 of such title is amended to read as follows:
``Sec. 12552. Funeral honors functions at funerals for veterans
``Performance by a Reserve of funeral honors functions at the
funeral of a veteran (as defined in section 1491 of this title) may not
be considered to be a period of drill or training, but may be performed
as funeral honors duty under section 12503 of this title.''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 1215 of such title is amended to read as
follows:
``12552. Funeral honors functions at funerals for veterans.''.
(j) Crediting for Retirement Purposes.--Paragraph (2) of section
12732(a) of title 10, United States Code, is amended--
(1) by inserting after subparagraph (D) the following new
subparagraph:
``(E) One point for each day in which funeral
honors functions were performed under section 12503 of
this title or section 115 of title 32.''; and
(2) by striking ``and (D)'' in the last sentence of such
paragraph and inserting ``(D), and (E)''.
(k) Allowance for Funeral Honors Duty.--(1) Chapter 7 of title 37,
United States Code, is amended by adding at the end the following new
section:
``Sec. 435. Funeral honors duty: flat rate allowance
``(a) Allowance Authorized.--Under uniform regulations prescribed
by the Secretary of Defense, a member of the Ready Reserve of an armed
force may be paid an allowance of $50, at the discretion of the
Secretary concerned, for funeral honors duty performed pursuant to
section 12305 of title 10 or section 115 of title 32, if the member is
engaged in the performance of that duty for at least two hours.
``(b) Relation to Performance of Funeral Honors Duty.--The
allowance under this section shall constitute the single, flat-rate
monetary allowance authorized for the performance of funeral honors
duty pursuant to section 12503 of title 10 or section 115 of title 32
and shall constitute payment in full to the member, regardless of grade
in which serving.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``435. Funeral honors duty: flat rate allowance.''.
SEC. 566. PURPOSE AND FUNDING LIMITATIONS FOR NATIONAL GUARD CHALLENGE
PROGRAM.
(a) Program Authority and Purpose.--Subsection (a) of section 509
of title 32, United States Code, is amended to read as follows:
``(a) Program Authority and Purpose.--The Secretary of Defense,
acting through the Chief of the National Guard Bureau, may use the
National Guard to conduct a civilian youth opportunities program, to be
known as the `National Guard Challenge Program', which shall consist of
at least a 22-week residential program and a 12-month post-residential
mentoring period. The National Guard Challenge Program shall seek to
improve life skills and employment potential of participants by
providing military-based training and supervised work experience,
together with the core program components of assisting participants to
receive a high school diploma or its equivalent, leadership
development, promoting fellowship and community service, developing
life coping skills and job skills, and improving physical fitness and
health and hygiene.''.
(b) Annual Funding Limitation.--Subsection (b) of such section is
amended by striking ``$50,000,000'' and inserting ``$62,500,000''.
SEC. 567. ACCESS TO SECONDARY SCHOOL STUDENTS FOR MILITARY RECRUITING
PURPOSES.
Section 503 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Each local educational agency is requested to provide to the
Department of Defense, upon a request made for military recruiting
purposes, the same access to secondary school students, and to
directory information concerning such students, as is provided
generally to post-secondary educational institutions or to prospective
employers of those students.''.
SEC. 568. SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON ATTITUDES
TOWARD MILITARY SERVICE.
(a) Exit Survey.--The Secretary of Defense shall develop and
implement a survey on attitudes toward military service to be completed
by all members of the Armed Forces who during the period beginning on
January 1, 2000, and ending on June 30, 2000, are discharged or
separated from the Armed Forces or transfer from a regular component to
a reserve component.
(b) Matters To Be Covered.--The survey shall, at a minimum, cover
the following subjects:
(1) Reasons for leaving military service.
(2) Command climate.
(3) Attitude toward civilian and military leadership.
(4) Attitude toward pay and benefits.
(5) Job satisfaction.
(6) Such other matters as the Secretary determines
appropriate to the survey concerning reasons why military
personnel are leaving military service.
(c) Report to Congress.--Not later than October 1, 2000, the
Secretary shall submit to Congress a report containing the results of
the survey under subsection (a). The Secretary shall compile the
information in the report so as to assist in assessing reasons why
military personnel are leaving military service.
SEC. 569. IMPROVEMENT IN SYSTEM FOR ASSIGNING PERSONNEL TO WARFIGHTING
UNITS.
(a) Review of Personnel Assignment Systems.--The Secretary of each
military department shall review the military personnel system under
that Secretary's jurisdiction in order to identify those policies that
prevent warfighting units from being fully manned.
(b) Revision to Policies.--Following the review under subsection
(a), the Secretary shall alter the policies identified in the review
with the goal of raising the priority in the personnel system for the
assignment of personnel to warfighting units.
(c) Report.--Not later than December 31, 2000, the Secretary shall
submit to the Committee on Armed Services of the Senate and Committee
on Armed Services of the House of Representatives a report on the
changes to the military personnel system under that Secretary's
jurisdiction that have been, or will be, adopted under subsection (b).
(d) Definition.--For the purposes of this section, the term
``warfighting unit'' means a battalion, squadron, or vessel that (1)
has a combat, combat support, or combat service support mission, and
(2) is not considered to be in the supporting establishment for its
service.
SEC. 570. REQUIREMENT FOR DEPARTMENT OF DEFENSE REGULATIONS TO PROTECT
THE CONFIDENTIALITY OF COMMUNICATIONS BETWEEN DEPENDENTS
AND PROFESSIONALS PROVIDING THERAPEUTIC OR RELATED
SERVICES REGARDING SEXUAL OR DOMESTIC ABUSE.
(a) In General.--(1) Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1562. Confidentiality of communications between dependents and
professionals providing therapeutic or related services
regarding sexual or domestic abuse
``(a) Regulations.--The Secretary of Defense shall prescribe in
regulations such policies and procedures as the Secretary considers
necessary to provide the maximum possible protection for the
confidentiality of communications described in subsection (b) relating
to misconduct described in that subsection. Those regulations shall be
consistent with--
``(1) the standards of confidentiality and ethical
standards issued by relevant professional organizations;
``(2) applicable requirements of Federal and State law;
``(3) the best interest of victims of sexual harassment,
sexual assault, or intrafamily abuse; and
``(4) such other factors as the Secretary, in consultation
with the Attorney General, considers appropriate.
``(b) Covered Communications.--Subsection (a) applies to
communications between--
``(1) a dependent of a member of the armed forces who--
``(A) is a victim of sexual harassment, sexual
assault, or intrafamily abuse; or
``(B) has engaged in such misconduct; and
``(2) a therapist, counselor, advocate, or other
professional from whom the dependent seeks professional
services in connection with effects of such misconduct.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1562. Confidentiality of communications between dependents and
professionals providing therapeutic or
related services regarding sexual or
domestic abuse.''.
(b) GAO Study.--(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) The Comptroller General shall conclude the study and submit to
the Secretary of Defense and Congress a report on the results of the
study. The report shall be submitted not later than 180 days after the
date of the enactment of this Act.
(c) Initial Regulations.--The initial regulations under section
1562 of title 10, United States Code, as added by subsection (a), shall
be prescribed not later than 90 days after the date on which the
Secretary of Defense receives the report of the Comptroller General
under subsection (b). In prescribing those regulations, the Secretary
shall ensure that those regulations are consistent with the findings of
the Comptroller General in that report.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND REFORM OF
BASIC PAY RATES.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2000 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) January 1, 2000, Increase in Basic Pay.--Effective on January
1, 2000, the rates of monthly basic pay for members of the uniformed
services are increased by 4.8 percent.
(c) Reform of Basic Pay Rates.--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\Notwithstanding the pay rates specified in this table, the actual
basic pay for commissioned officers in grades 0-7 through O-10 may not
exceed the rate of pay for level III of the Executive Schedule and the
actual basic pay for all other officers, including warrant officers,
may not exceed the rate of pay for level V of the Executive Schedule.
\2\Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, 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.
\3\This table does not apply to commissioned officers in the grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,364.80 $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\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9\2\........... $0.00 $0.00 $0.00 $0.00 $0.00
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.............. \3\ 1,005.60 1,005.60 1,005.60 1,005.60
1,005.60
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9\2\........... $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\2\........... $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
------------------------------------------------------------------------
\1\Notwithstanding the pay rates specified in this table, the actual
basic pay for enlisted members may not exceed the rate of pay for
level V of the Executive Schedule.
\2\Subject to the preceding footnote, while serving as Sergeant Major of
the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $4,701.00, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\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.
(d) Limitation on Pay Adjustments.--Section 1009(a) of title 37,
United States Code, is amended--
(1) by inserting ``(1)'' before ``Whenever''; and
(2) by adding at the end the following new paragraph:
``(2) On and after April 30, 1999, the actual basic pay for
commissioned officers in grades 0-7 through O-10 may not exceed the
rate of pay for level III of the Executive Schedule, and the actual
basic pay for all other officers and enlisted members may not exceed
the rate of pay for level V of the Executive Schedule.''.
SEC. 602. PAY INCREASES FOR FISCAL YEARS AFTER FISCAL YEAR 2000.
Effective on October 1, 2000, subsection (c) of section 1009 of
title 37, United States Code, is amended to read as follows:
``(c) Percentage Increase for All Members.--(1) Subject to
subsection (d), an adjustment taking effect under this section during a
fiscal year shall provide all eligible members with an increase in the
monthly basic pay by the percentage equal to the sum of--
``(A) 0.5 percent; plus
``(B) the percentage calculated as provided under section
5303(a) of title 5.
``(2) The calculation required by paragraph (1)(B) shall be made
without regard to whether rates of pay under the statutory pay systems
(as defined in section 5302 of title 5) are actually increased during
that fiscal year under section 5303 of such title by the percentage so
calculated.''.
SEC. 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2000 INCREASE IN
BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED STATES.
In addition to the amount determined by the Secretary of Defense
under section 403(b)(3) of title 37, United States Code, to be the
total amount that may be paid during fiscal year 2000 for the basic
allowance for housing for military housing areas inside the United
States, $442,500,000 of the amount authorized to be appropriated by
section 421 for military personnel shall be used by the Secretary to
further increase the total amount available for the basic allowance for
housing for military housing areas inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(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 such
title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title 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 such title is amended by striking
``December 31, 1999'' and inserting ``December 31, 2000''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of such title
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 ``January 1, 2001''.
SEC. 612. 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 ``December 31, 2000''.
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 1999,'' and
inserting ``December 31, 2000,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(c) Enlistment Bonus for Persons With Critical Skills.--Section
308a(d) of such title, as redesignated by section 618(b), is amended by
striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(d) Army Enlistment Bonus.--Section 308f(c) of such title is
amended by striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(e) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 1999'' and inserting ``December 31, 2000''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 1999'' and inserting ``December
31, 2000''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``October 1, 1998,'' and all that follows
through the period at the end and inserting ``December 31, 2000.''.
SEC. 614. AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE MANAGERS.
(a) Availability of Incentive Pay.--Section 301a(b) of title 37,
United States Code is amended by adding at the end the following new
paragraph:
``(4) An officer serving as an air battle manager who is entitled
to aviation career incentive pay under this section and who, before
becoming entitled to aviation career incentive pay, was entitled to
incentive pay under section 301(a)(11) of this title, is entitled to
monthly incentive pay at a rate equal to the greater of the following:
``(A) The rate applicable under this subsection.
``(B) The rate at which the member was receiving incentive
pay under section 301(c)(2)(A) of this title immediately before
the member's entitlement to aviation career incentive pay under
this section.''.
(b) Effective Date.--The amendment made by subsection (a) 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. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL PAY TO AVIATION
CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.
(a) Eligibility Criteria.--Subsection (b) of section 301b of title
37, United States Code, is amended--
(1) by striking paragraphs (2) and (5);
(2) in paragraph (3), by striking ``grade O-6'' and
inserting ``grade O-7'';
(3) by inserting ``and'' at the end of paragraph (4); and
(4) by redesignating paragraphs (3), (4), and (6) as
paragraphs (2), (3), and (4), respectively.
(b) Amount of Bonus.--Subsection (c) of such section is amended by
striking ``than--'' and all that follows through the period at the end
and inserting ``than $25,000 for each year covered by the written
agreement to remain on active duty.''.
(c) 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''.
(d) Repeal of Content Requirements for Annual Report.--Subsection
(i)(1) of such section is amended by striking the second sentence.
(e) Definitions Regarding Aviation Specialty.--Subsection (j) of
such section is amended--
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraph (4) as paragraph (2).
(f) Technical Amendment.--Subsection (g)(3) of such section if
amended by striking the second sentence.
(g) Effective Date.--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. DIVING DUTY SPECIAL PAY.
(a) Increase in Payment Amount.--Subsection (b) of section 304 of
title 37, United States Code, is amended--
(1) by striking ``$200'' and inserting ``$240''; and
(2) by striking ``$300'' and inserting ``$340''.
(b) Relation to Hazardous Duty Incentive Pay.--Subsection (c) of
such section 304 is amended to read as follows:
``(c) If, in addition to diving duty, a member is assigned by
orders to one or more hazardous duties described in section 301 of this
title, the member may be paid, for the same period of service, special
pay under this section and incentive pay under such section 301 for
each hazardous duty for which the member is qualified.''.
(c) Effective Date.--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. 617. REENLISTMENT BONUS.
(a) Minimum Months of Active Duty.--Subsection (a)(1)(A) of section
308 of title 37, United States Code, is amended by striking ``twenty-
one months'' and inserting ``17 months''.
(b) Amount of Bonus.--Subsection (a)(2) of such section is
amended--
(1) in subparagraph (A)(i), by striking ``ten'' and
inserting ``15''; and
(2) in subparagraph (B), by striking ``$45,000'' and
inserting ``$60,000''.
SEC. 618. ENLISTMENT BONUS.
(a) Increase in Bonus Amount.--Subsection (a) of section 308a of
title 37, United States Code, is amended by striking ``$12,000'' and
inserting ``$20,000''.
(b) Payment Methods.--Such section is further amended--
(1) in subsection (a), by striking the second sentence;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Payment Methods.--A bonus under this section may be paid in a
single lump sum, or in periodic installments, to provide an extra
incentive for a member to successfully complete the training necessary
for the member to be technically qualified in the skill for which the
bonus is paid.''.
(c) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Bonus Authorized;
Bonus Amount.--'' after ``(a)'';
(2) in subsection (c), as redesignated by subsection (b)(2)
of this section, by inserting ``Repayment of Bonus.--'' after
``(c)''; and
(3) in subsection (d), as redesignated by subsection (b)(2)
of this section, by inserting ``Termination of Authority.--''
after ``(d)''.
SEC. 619. REVISED ELIGIBILITY REQUIREMENTS FOR RESERVE COMPONENT PRIOR
SERVICE ENLISTMENT BONUS.
Paragraph (2) of section 308i(a) of title 37, United States Code,
is amended to read as follows:
``(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 a military service
obligation, but has less than 14 years of total military
service, and received an honorable discharge at the conclusion
of that military service obligation.
``(B) The person was not released, or is not being
released, from active service for the purpose of enlistment in
a reserve component.
``(C) The person is projected to occupy, or is occupying, 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 attained a level of qualification while on
active duty commensurate with the grade and years of
service of the member; or
``(ii) has completed training or retraining in the
specialty skill that is designated as critically short
and attained a level of qualification in the specialty
skill that is commensurate with the grade and years of
service of the member.
``(D) The person has not previously been paid a
bonus (except under this section) for enlistment,
reenlistment, or extension of enlistment in a reserve
component.''.
SEC. 620. 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 such
title is amended by striking ``$10,000'' and inserting ``$20,000''.
(c) Nuclear Career Annual Incentive Bonuses.--Section 312c of such
title 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. 621. INCREASE IN AUTHORIZED MONTHLY RATE OF FOREIGN LANGUAGE
PROFICIENCY PAY.
(a) Increase.--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 the first day of the first month that begins on or after
the date of the enactment of this Act.
SEC. 622. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL WARFARE OFFICERS
EXTENDING PERIODS OF ACTIVE DUTY.
(a) Bonus Authorized.--Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
``Sec. 318. Special pay: special warfare officers extending period of
active duty
``(a) Special Warfare Officer Defined.--In this section, the term
`special warfare officer' means 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
``(2) is serving in a position for which that specialty or
designator is authorized.
``(b) Retention Bonus Authorized.--A special warfare officer who
meets the eligibility requirements specified in subsection (c) and who
executes a written agreement, on or after October 1, 1999, 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.
``(c) Eligible Officers.--A special warfare officer may apply to
enter into an agreement referred to in subsection (b) if the officer--
``(1) 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 to enter into the agreement;
``(2) has completed at least 6, but not more than 14, years
of active commissioned service; and
``(3) has completed any service commitment incurred to be
commissioned as an officer.
``(d) 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
agreement.
``(e) Proration.--The term of an agreement under subsection (b) and
the amount of the retention bonus payable under subsection (d) may be
prorated as long as the agreement does not extend beyond the date on
which the officer executing the agreement would complete 14 years of
active commissioned service.
``(f) Payment Methods.--(1) Upon acceptance of an agreement under
subsection (b) by the Secretary concerned, the total amount payable
pursuant to the agreement becomes fixed.
``(2) The amount of the retention bonus may be paid as follows:
``(A) At the time the agreement is accepted by the
Secretary concerned, the Secretary may make a lump sum payment
equal to half the total amount payable under the agreement. The
balance of the bonus amount shall be paid in equal annual
installments on the anniversary of the acceptance of the
agreement.
``(B) The Secretary concerned may make graduated annual
payments under regulations prescribed by the Secretary, with
the first payment being payable at the time the agreement is
accepted by the Secretary and subsequent payments being payable
on the anniversary of the acceptance of the agreement.
``(g) Additional Pay.--A retention bonus paid under this section is
in addition to any other pay and allowances to which an officer is
entitled.
``(h) Repayment.--(1) If an officer who has entered into an
agreement under subsection (b) 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 an 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).
``(i) 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 37, United States Code is amended by adding at the
end the following new item:
``318. Special pay: special warfare officers extending period of active
duty.''.
SEC. 623. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINUATION PAY.
(a) Incentive Pay Authorized.--Chapter 5 of title 37, United States
Code, is amended by inserting after section 318, as added by section
622, the following new section:
``Sec. 319. Special pay: surface warfare officer continuation pay
``(a) Eligible Surface Warfare Officer Defined.--In this section,
the term `eligible surface warfare officer' means an officer of the
Regular Navy or Naval Reserve on active duty who--
``(1) is qualified and serving as a surface warfare
officer;
``(2) has been selected for assignment as a department head
on a surface vessel; and
``(3) has completed any service commitment incurred through
the officer's original commissioning program.
``(b) Special Pay Authorized.--An eligible surface warfare officer
who executes a written agreement, on or after October 1, 1999, to
remain on active duty to complete one or more tours of duty to which
the officer may be ordered as a department head on a surface ship may,
upon the acceptance of the agreement by the Secretary of the Navy, be
paid an amount not to exceed $50,000.
``(c) Proration.--The term of the written agreement under
subsection (b) and the amount payable under the agreement may be
prorated.
``(d) Payment Methods.--Upon acceptance of the written agreement
under subsection (b) by the Secretary of the Navy, the total amount
payable pursuant to the agreement becomes fixed. The Secretary shall
prepare an implementation plan specifying the amount of each
installment payment under the agreement and the times for payment of
the installments.
``(e) Additional Pay.--Any amount paid under this section is in
addition to any other pay and allowances to which an officer is
entitled.
``(f) Repayment.--(1) If an officer who has entered into a written
agreement under subsection (b) and has received all or part of the
amount payable under the agreement fails to complete the total period
of active duty as a department head on a surface ship specified in the
agreement, the Secretary of the Navy may require the officer to repay
the United States, to the extent that the Secretary of the Navy
determines conditions and circumstances warrant, any or 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 an agreement entered into
under subsection (b) does not discharge the officer signing the
agreement from a debt arising under such agreement or under paragraph
(1).
``(g) Regulations.--The Secretary of the Navy shall prescribe
regulations to carry out this section.''.
(b) Clerical Amendment.--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 318 the following new item:
``319. Special pay: surface warfare officer continuation pay.''.
SEC. 624. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE PAY.
(a) Incentive Pay Authorized.--Chapter 5 of title 37, United States
Code, is amended by inserting after section 319, as added by section
623, the following new section:
``Sec. 320. Incentive pay: career enlisted flyers
``(a) Eligible Career Enlisted Flyer Defined.--In this section, the
term `eligible career enlisted flyer' means an enlisted member of the
armed forces who--
``(1) is entitled to basic pay under section 204 of this
title, or is entitled to pay under section 206 of this title as
described in subsection (e) of this section;
``(2) holds an enlisted military occupational specialty or
enlisted military rating designated as a career enlisted flyer
specialty or rating by the Secretary concerned, performs duty
as a dropsonde system operator, or is in training leading to
qualification and designation of such a specialty or rating or
the performance of such duty;
``(3) is qualified for aviation service under regulations
prescribed by the Secretary concerned; and
``(4) satisfies the operational flying duty requirements
applicable under subsection (c).
``(b) Incentive Pay Authorized.--(1) The Secretary concerned may
pay monthly incentive pay to an eligible career enlisted flyer in an
amount not to exceed the monthly maximum amounts specified in
subsection (d). The incentive pay may be paid as continuous monthly
incentive pay or on a month-to-month basis, dependent upon the
operational flying duty performed by the eligible career enlisted flyer
as prescribed in subsection (c).
``(2) Continuous monthly incentive pay may not be paid to an
eligible career enlisted flyer after the member completes 25 years of
aviation service. Thereafter, an eligible career enlisted flyer may
still receive incentive pay on a month-to-month basis under subsection
(c)(4) for the frequent and regular performance of operational flying
duty.
``(c) Operational Flying Duty Requirements.--(1) An eligible career
enlisted flyer must perform operational flying duties for 6 of the
first 10, 9 of the first 15, and 14 of the first 20 years of aviation
service, to be eligible for continuous monthly incentive pay under this
section.
``(2) Upon completion of 10, 15, or 20 years of aviation service,
an enlisted member who has not performed the minimum required
operational flying duties specified in paragraph (1) during the
prescribed period, although otherwise meeting the definition in
subsection (a), may no longer be paid continuous monthly incentive pay
except as provided in paragraph (3). Payment of continuous monthly
incentive pay if the member meets the minimum operational flying duty
requirement upon completion of the next established period of aviation
service.
``(3) For the needs of the service, the Secretary concerned may
permit, on a case-by-case basis, a member to continue to receive
continuous monthly incentive pay despite the member's failure to
perform the operational flying duty required during the first 10, 15,
or 20 years of aviation service, but only if the member otherwise meets
the definition in subsection (a) and has performed at least 5 years of
operational flying duties during the first 10 years of aviation
service, 8 years of operational flying duties during the first 15 years
of aviation service, or 12 years of operational flying duty during the
first 20 years of aviation service. The authority of the Secretary
concerned under this paragraph may not be delegated below the level of
the Service Personnel Chief.
``(4) If the eligibility of an eligible career enlisted flyer to
continuous monthly incentive pay ceases under subsection (b)(2) or
paragraph (2), the member may still receive month-to-month incentive
pay for subsequent frequent and regular performance of operational
flying duty. The rate payable is the same rate authorized by the
Secretary concerned under subsection (d) for a member of corresponding
years of aviation service.
``(d) Monthly Maximum Incentive Pay.--The monthly rate for
incentive pay under this section may not exceed the amounts specified
in the following table for the applicable years of aviation service:
Monthly
``Years of aviation service: rate
4 or less..................................... $150
Over 4........................................ $225
Over 8........................................ $350
Over 14....................................... $400
``(e) Eligibility of Reserve Component Members When Performing
Inactive Duty Training.--Under regulations prescribed by the Secretary
concerned, when a member of a reserve component or the National Guard,
who is entitled to compensation under section 206 of this title, meets
the definition of eligible career enlisted flyer, the Secretary
concerned may increase the member's compensation by an amount equal to
\1/30\ of the monthly incentive pay authorized by the Secretary
concerned under subsection (d) for a member of corresponding years of
aviation service who is entitled to basic pay under section 204 of this
title. The reserve component member may receive the increase for as
long as the member is qualified for it, for each regular period of
instruction or period of appropriate duty, at which the member is
engaged for at least two hours, or for the performance of such other
equivalent training, instruction, duty or appropriate duties, as the
Secretary may prescribe under section 206(a) of this title.
``(f) Relation to Hazardous Duty Incentive Pay or Diving Duty
Special Pay.--A member receiving special pay under section 301(a) or
304 of this title may not be paid incentive pay under this section for
the same period of service.
``(g) Save Pay Provision.--If, immediately before a member receives
incentive pay under this section, the member was entitled to incentive
pay under section 301(a) of this title, the rate at which the member is
paid incentive pay under this section shall be equal to the higher of
the monthly amount applicable under subsection (d) or the rate of
incentive pay the member was receiving under subsection (b) or
(c)(2)(A) of section 301 of this title.
``(h) Specialty Code of Dropsonde System Operators.--Within the Air
Force, the Secretary of the Air Force shall assign to members who are
dropsonde system operators a specialty code that identifies such
members as serving in a weather specialty.
``(i) Definitions.--In this section:
``(1) The term `aviation service' means participation in
aerial flight performed, under regulations prescribed by the
Secretary concerned, by an eligible career enlisted flyer.
``(2) The term `operational flying duty' means flying
performed under competent orders while serving in assignments,
including an assignment as a dropsonde system operator, in
which basic flying skills normally are maintained in the
performance of assigned duties as determined by the Secretary
concerned, and flying duty performed by members in training
that leads to the award of an enlisted aviation rating or
military occupational specialty designated as a career enlisted
flyer rating or specialty by the Secretary concerned.''.
(b) Clerical Amendment.--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 319 the following new item:
``320. Incentive pay: career enlisted flyers.''.
SEC. 625. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 320, as added by
section 624, the following new section:
``Sec. 321. Special pay: judge advocate continuation pay
``(a) Eligible Judge Advocate Defined.--In this section, the term
`eligible judge advocate' means an officer of the armed forces on full-
time active duty who--
``(1) is qualified and serving as a judge advocate, as
defined in section 801 of title 10; and
``(2) has completed any service commitment incurred through
the officer's original commissioning program.
``(b) Special Pay Authorized.--An eligible judge advocate who
executes a written agreement, on or after October 1, 1999, to remain on
active duty for a period of obligated service specified in the
agreement may, upon the acceptance of the agreement by the Secretary
concerned, be paid an amount not to exceed $60,000.
``(c) Proration.--The term of the written agreement under
subsection (b) and the amount payable under the agreement may be
prorated.
``(d) Payment Methods.--Upon acceptance of the written agreement
under subsection (b) by the Secretary concerned, the total amount
payable pursuant to the agreement becomes fixed. The Secretary shall
prepare an implementation plan specifying the amount of each
installment payment under the agreement and the times for payment of
the installments.
``(e) Additional Pay.--Any amount paid under this section is in
addition to any other pay and allowances to which an officer is
entitled.
``(f) Repayment.--(1) If an officer who has entered into a written
agreement under subsection (b) and has received all or part of the
amount payable under the agreement fails to complete the total period
of active duty specified in the agreement, the Secretary concerned may
require the officer to repay the United States, to the extent that the
Secretary determines conditions and circumstances warrant, any or 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 an agreement entered into
under subsection (b) does not discharge the officer signing the
agreement from a debt arising under such agreement or under paragraph
(1).
``(g) Regulations.--The Secretary concerned 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 320 the following new item:
``321. Special pay: judge advocate continuation pay.''.
(b) Study and Report on Additional Recruitment and Retention
Initiatives.--(1) The Secretary of Defense shall conduct a study
regarding the need for additional incentives to improve the recruitment
and retention of judge advocates for the Armed Forces. At a minimum,
the Secretary shall consider as possible incentives constructive
service credit for basic pay, educational loan repayment, and Federal
student loan relief.
(2) Not later than March 31, 2000, the Secretary shall submit to
Congress a report containing the findings and recommendations resulting
from the study.
Subtitle C--Travel and Transportation Allowances
SEC. 631. PROVISION OF LODGING IN KIND FOR RESERVISTS PERFORMING
TRAINING DUTY AND NOT OTHERWISE ENTITLED TO TRAVEL AND
TRANSPORTATION ALLOWANCES.
Section 404(i) of title 37, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``If transient government housing is unavailable,
the Secretary concerned may provide the member with lodging in
kind in the same manner as members entitled to such allowances
under subsection (a).''; and
(2) in paragraph (3)--
(A) by inserting after ``paragraph (1)'' the
following: ``and expenses of providing lodging in kind
under such paragraph''; and
(B) by adding at the end the following new
sentence: ``Use of Government charge cards is
authorized for payment of these expenses.''.
SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES FOR MEMBERS MAKING
THEIR FIRST PERMANENT CHANGE OF STATION.
(a) Authority to Pay or Reimburse.--Section 404a(a) of title 37,
United States Code, is amended
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by inserting ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) in the case of an enlisted member who is reporting to
the member's first permanent duty station, from the member's
home of record or initial technical school to that first
permanent duty station;''.
(b) Duration.--Such section is further amended--
(1) in the second sentence, by striking ``clause (1)'' and
inserting ``paragraph (1) or (3)''; and
(2) in the third sentence, by striking ``clause (2)'' and
inserting ``paragraph (2)''.
SEC. 633. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.
Section 411d(b)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to any airport in the continental United States to
which travel can be arranged at the same or a lower cost as
travel obtained under subparagraph (A); or''.
Subtitle D--Retired Pay Reform
SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY TO MEMBERS ELECTING
NEW 15-YEAR CAREER STATUS BONUS.
(a) Retired Pay Multiplier.--Paragraph (2) of section 1409(b) of
title 10, United States Code, is amended by inserting ``has elected to
receive a bonus under section 321 of title 37,'' after ``July 31,
1986,''.
(b) Cost-of-Living Adjustments.--Paragraph (3) of section 1401a(b)
of such title is amended to read as follows:
``(3) Post-august 1, 1986 members.--
``(A) Members electing 15-year career status
bonus.--In the case of a member or former member who
first became a member on or after August 1, 1986, and
who elected to receive a bonus under section 321 of
title 37, the Secretary shall increase the retired pay
of the member or former member (unless the percent
determined under paragraph (2) is less than 1 percent)
by the difference between--
``(i) the percent determined under
paragraph (2); and
``(ii) 1 percent.
``(B) Members not electing 15-year career status
bonus.--In the case of a member or former member who
first became a member on or after August 1, 1986, and
who did not elect to receive a bonus under section 321
of title 37, the Secretary shall increase the retired
pay of the member or former member--
``(i) if the percent determined under
paragraph (2) is equal to or greater than 3
percent, by the difference between--
``(I) the percent determined under
paragraph (2); and
``(II) 1 percent; and
``(ii) if the percent determined under
paragraph (2) is less than 3 percent, by the
lesser of--
``(I) the percent determined under
paragraph (2); or
``(II) 2 percent.''.
(c) Recomputation of Retired Pay At Age 62.--Section 1410 of such
title is amended--
(1) by inserting ``(a) In General.--'' before ``In the case
of'';
(2) by inserting after ``62 years of age,'' the following:
``in accordance with subsection (b) or (c), as applicable.
``(b) Members Receiving Career Status Bonus.--In the case of a
member or former member described in subsection (a) who received a
bonus under section 321 of title 37, the retired pay of the member or
former member shall be recomputed under subsection (a)'';
(3) by striking ``that date'' and inserting ``the effective
date of the recomputation''; and
(4) by adding at the end the following:
``(c) Members Not Receiving Career Status Bonus.--In the case of a
member or former member described in subsection (a) who did not receive
a bonus under section 321 of title 37, the retired pay of the member or
former member shall be recomputed under subsection (a) so as to be the
amount equal to the amount of retired pay to which the member or former
member would be entitled on the effective date of the recomputation if
increases in the retired pay of the member or former member under
section 1401a(b) of this title had been computed as provided in
paragraph (2) of that section (rather than under paragraph (3)(B) of
that section).''.
SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS BONUS.
(a) Career Service Bonus.--Chapter 5 of title 37, United States
Code, is amended by inserting after section 321, as added by section
625, the following new section:
``Sec. 322. Special pay: 15-year career status bonus for members
entering service on or after August 1, 1986
``(a) Eligible Career Bonus Member Defined.--In this section, the
term `eligible career bonus member' means a member of a uniformed
service serving on active duty who--
``(1) first became a member on or after August 1, 1986; and
``(2) has completed 15 years of active duty in the
uniformed services (or has received notification under
subsection (e) that the member is about to complete that duty).
``(b) Availability of Bonus.--The Secretary concerned shall pay a
bonus under this section to an eligible career bonus member if the
member--
``(1) elects to receive the bonus under this section; and
``(2) executes a written agreement (prescribed by the
Secretary concerned) to remain continuously on active duty
until the member has completed 20 years of active-duty service
creditable under section 1405 of title 10, if the member is not
already obligated to remain on active duty for a period that
would result in at least 20 years of active-duty service.
``(c) Election Method.--The election under subsection (b)(1) shall
be made in such form and within such period as the Secretary concerned
may prescribe. An election under such subsection is irrevocable.
``(d) Amount of Bonus; Payment.--(1) A bonus under this section
shall be paid in one lump sum of $30,000.
``(2) The bonus shall be paid to an eligible career bonus member
not later than the first month that begins on or after the date that is
60 days after the date on which the Secretary concerned receives from
the member the election required under subsection (b)(1) and the
written agreement required under subsection (b)(2), if applicable.
``(e) Notification of Eligibility.--(1) The Secretary concerned
shall transmit to each member who satisfies the definition of eligible
career bonus member a written notification of the opportunity of the
member to elect to receive a bonus under this section. The Secretary
shall provide the notification not later than 180 days before the date
on which the member will complete 15 years of active duty.
``(2) The notification shall include the following:
``(A) The procedures for electing to receive the bonus.
``(B) 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 that the member may
become eligible to receive.
``(f) Repayment of Bonus.--(1) If a person paid a bonus under this
section fails to complete the total period of active duty specified in
subsection (b)(2), 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
321 the following new item:
``322. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986.''.
SEC. 643. CONFORMING AMENDMENTS.
(a) Conforming Amendment to Survivor Benefit Plan Provision.--
Section 1451(h)(3) of title 10, United States Code, is amended by
inserting ``of certain members'' after ``retirement''.
(b) Related Technical Amendments.--Chapter 71 of such title is
amended as follows:
(1) Section 1401a(b) is amended by striking the heading for
paragraph (1) and inserting ``Increase required.--''.
(2) Section 1409(b)(2) is amended by inserting ``certain''
in the paragraph heading after ``Reduction applicable to''.
SEC. 644. EFFECTIVE DATE.
The amendments made by sections 641, 642, and 643 shall take effect
on October 1, 1999.
Subtitle E--Other Retired Pay and Survivor Benefit Matters
SEC. 651. EFFECTIVE DATE OF DISABILITY RETIREMENT FOR MEMBERS DYING IN
CIVILIAN MEDICAL FACILITIES.
(a) In General.--(1) Chapter 61 of title 10, United States Code, is
amended by inserting after section 1219 the following new section:
``Sec. 1220. Members dying in civilian medical facilities: authority
for determination of later time of death to allow
disability retirement
``(a) Authority for Later Time-of-Death Determination To Allow
Disability Retirement.--In the case of a member of the armed forces who
dies in a civilian medical facility in a State, the Secretary concerned
may, solely for the purpose of allowing retirement of the member under
section 1201 or 1204 of this title and subject to subsection (b),
specify a date and time of death of the member later than the date and
time of death determined by the attending physician in that civilian
medical facility.
``(b) Limitations.--A date and time of death may be determined by
the Secretary concerned under subsection (a) only if that date and
time--
``(1) are consistent with the date and time of death that
reasonably could have been determined by an attending physician
in a military medical facility if the member had died in a
military medical facility in the same State as the civilian
medical facility; and
``(2) are not more than 48 hours later than the date and
time of death determined by the attending physician in the
civilian medical facility.
``(c) State Defined.--In this section, the term `State' includes
the District of Columbia and any Commonwealth or possession of the
United States.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1219 the
following new item:
``1220. Members dying in civilian medical facilities: authority for
determination of later time of death to
allow disability retirement.''.
(b) Effective Date.--(1) Section 1220 of title 10, United States
Code, as added by subsection (a), shall apply with respect to any
member of the Armed Forces dying in a civilian medical facility on or
after January 1, 1998.
(2) In the case of any such member dying on or after such date and
before the date of the enactment of this Act, any specification by the
Secretary concerned under such section with respect to the date and
time of death of such member shall be made not later than 180 days
after the date of the enactment of this Act.
SEC. 652. EXTENSION OF ANNUITY ELIGIBILITY FOR SURVIVING SPOUSES OF
CERTAIN RETIREMENT ELIGIBLE RESERVE MEMBERS.
(a) Coverage of Surviving Spouses of All Gray Area Retirees.--
Section 644(a)(1)(B) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1800) is amended by
striking ``during the period beginning on September 21, 1972, and
ending on'' and inserting ``before''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to annuities payable for months beginning after
September 30, 1999.
SEC. 653. PRESENTATION OF UNITED STATES FLAG TO RETIRING MEMBERS OF THE
UNIFORMED SERVICES NOT PREVIOUSLY COVERED.
(a) Nonregular Service Military Retirees.--(1) Chapter 1217 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 12605. Presentation of United States flag: members transferred
from an active status or discharged after completion of
eligibility for retired pay
``(a) Presentation of Flag.--Upon the transfer from an active
status or discharge of a Reserve who has completed the years of service
required for eligibility for retired pay under chapter 1223 of this
title, the Secretary concerned shall present a United States flag to
the member.
``(b) Multiple Presentations Not Authorized.--A member is not
eligible for presentation of a flag under subsection (a) if the member
has previously been presented a flag under this section or any
provision of law providing for the presentation of a United States flag
incident to release from active service for retirement.
``(c) No Cost to Recipient.--The presentation of a flag under this
section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12605. Presentation of United States flag: members transferred from
an active status or discharged after
completion of eligibility for retired
pay.''.
(b) Public Health Service.--Title II of the Public Health Service
Act is amended by inserting after section 212 (42 U.S.C. 213) the
following new section:
``presentation of united states flag upon retirement
``Sec. 213. (a) Upon the release of an officer of the commissioned
corps of the Service from active commissioned service for retirement,
the Secretary of Health and Human Services shall present a United
States flag to the officer.
``(b) Multiple Presentations Not Authorized.--An officer is not
eligible for presentation of a flag under subsection (a) if the officer
has previously been presented a flag under this section or any other
provision of law providing for the presentation of a United States flag
incident to release from active service for retirement.
``(c) No Cost to Recipient.--The presentation of a flag under this
section shall be at no cost to the recipient.''.
(c) National Oceanic and Atmospheric Administration.--The Coast and
Geodetic Survey Commissioned Officers' Act of 1948 is amended by
inserting after section 24 (33 U.S.C. 853u) the following new section:
``Sec. 25. (a) Upon the release of a commissioned officer from
active commissioned service for retirement, the Secretary of Commerce
shall present a United States flag to the officer.
``(b) Multiple Presentations Not Authorized.--An officer is not
eligible for presentation of a flag under subsection (a) if the officer
has previously been presented a flag under this section or any other
provision of law providing for the presentation of a United States flag
incident to release from active service for retirement.
``(c) No Cost to Recipient.--The presentation of a flag under this
section shall be at no cost to the recipient.''.
(d) Effective Date.--Section 12605 of title 10, United States Code
(as added by subsection (a)), section 413 of the Public Health Service
Act (as added by subsection (b)), and section 25 of the Coast and
Geodetic Survey Commissioned Officers' Act of 1948 (as added by
subsection (c)) shall apply with respect to releases from service
described in those sections on or after October 1, 1999.
(e) Conforming Amendments to Prior Law.--Sections 3681(b), 6141(b),
and 8681(b) of title 10, United States Code, and section 516(b) of
title 14, United States Code, are each amended by striking ``under this
section'' and all that follows through the period and inserting ``under
this section or any other provision of law providing for the
presentation of a United States flag incident to release from active
service for retirement.''.
SEC. 654. ACCRUAL FUNDING FOR RETIREMENT SYSTEM FOR COMMISSIONED CORPS
OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Inclusion of NOAA Officers in DOD Military Retirement Fund.--
Section 1461 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``and the Department of
Commerce'' after ``Department of Defense'';
(2) in subsection (b)--
(A) by inserting ``and the Coast and Geodetic
Survey Commissioned Officers' Act of 1948 (33 U.S.C.
853a et seq.)'' in paragraph (1) after ``this title'';
(B) by striking ``and'' at the end of paragraph
(2);
(C) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(4) the programs under the jurisdiction of the Department
of Commerce providing annuities for survivors of members and
former members of the NOAA Corps.''; and
(3) by adding at the end the following new subsection:
``(c) In this chapter, the term `NOAA Corps' means the National
Oceanic and Atmospheric Administration Commissioned Corps and its
predecessors.''.
(b) Payments From the Fund.--Section 1463(a) of such title is
amended--
(1) in paragraph (1), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and the NOAA Corps''; and
(2) in paragraph (4)--
(A) by inserting ``and the Department of Commerce''
after ``Department of Defense''; and
(B) by striking ``armed forces'' and inserting
``uniformed services''.
(c) Reports by Board of Actuaries.--Section 1464(b) of such title
is amended by inserting ``and the Secretary of Commerce with respect to
the NOAA Corps'' after ``Secretary of Defense''.
(d) Department of Commerce Contributions to the Fund.--Section 1465
of such title is amended as follows:
(1) Subsection (a) is amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(2) Not later than January 1, 2000, the Secretary of Commerce
shall provide to the Board the amount that is the present value (as of
October 1, 1999) of future benefits payable from the Fund that are
attributable to service in the NOAA Corps performed before October 1,
1999. That amount is the NOAA Corps original unfunded liability of the
Fund. The Board shall determine the period of time over which that
unfunded liability should be liquidated and shall determine an
amortization schedule for the liquidation of such liability over that
period. Contributions to the Fund for the liquidation of the original
unfunded liability in accordance with that schedule shall be made as
provided in section 1466(b) of this title.''.
(2) Subsection (b) is amended--
(A) in paragraph (1)--
(i) by inserting ``and the Secretary of
Commerce'' after ``Secretary of Defense'' in
the matter preceding subparagraph (A);
(ii) by inserting ``and the Department of
Commerce contributions with respect to the NOAA
Corps'' after ``Department of Defense
contributions'' in the matter preceding
subparagraph (A); and
(iii) by adding at the end the following
new subparagraph:
``(C) The product of--
``(i) the current estimate of the value of the
single level percentage of basic pay to be determined
under subsection (c)(1)(C) at the time of the next
actuarial valuation under subsection (c); and
``(ii) the total amount of basic pay expected to be
paid during that fiscal year to members of the NOAA
Corps.''; and
(B) in paragraph (2)--
(i) by inserting ``and the Department of
Commerce'' after ``Department of Defense''; and
(ii) by inserting ``and shall include
separate amounts for the Department of Defense
and the Department of Commerce'' after
``section 1105 of title 31''.
(3) Subsection (c)(1) is amended--
(A) by inserting ``and the Secretary of Commerce
with respect to the NOAA Corps'' in the first sentence
after ``Secretary of Defense'';
(B) by striking ``and'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(D) by inserting after subparagraph (B) the
following new subparagraph:
``(C) a determination (using the aggregate entry-age normal
cost method) of a single level percentage of basic pay for
members of the NOAA Corps.''.
(e) Payments Into the Fund.--Section 1466 of such title is
amended--
(1) in subsection (a)--
(A) by inserting ``and the Secretary of Commerce
with respect to the NOAA Corps'' after ``Secretary of
Defense'';
(B) by striking ``Department of Defense'' after
``each month as the'';
(C) by inserting ``and 1465(c)(1)(C)'' in paragraph
(1)(A) after ``section 1465(c)(1)(A)'';
(D) by inserting ``and by members of the NOAA
Corps'' in paragraph (1)(B) before the period; and
(E) by inserting ``or members of the NOAA Corps''
before the period at the end of the last sentence of
that subsection;
(2) in subsection (b)(2), by inserting ``and the NOAA
original unfunded liability'' after ``original unfunded
liability''; and
(3) by adding at the end the following new subsection:
``(c)(1) The Secretary of Transportation shall process, on behalf
of the Fund, payments under section 1463 of this title to members on
the retired list of the NOAA Corps and to survivors of members and
former members of the NOAA Corps.
``(2) Payments made by the Secretary of Transportation under
paragraph (1) shall be charged against the Fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 655. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN MEMBERS WITH
PRE-EXISTING CONDITIONS.
(a) Disability Retirement.--(1) Chapter 61 of title 10, United
States Code, is amended by inserting after section 1207 the following
new section:
``Sec. 1207a. Members with over eight years of active service:
eligibility for disability retirement for pre-existing
conditions
``(a) In the case of a member described in subsection (b) who would
be covered by section 1201, 1202, or 1203 of this title but for the
fact that the member's disability is determined to have been incurred
before the member becoming entitled to basic pay in the member's
current period of active duty, the disability shall be deemed to have
been incurred while the member was entitled to basic pay and shall be
so considered for purposes of determining whether it was incurred in
the line of duty.
``(b) A member described in subsection (a) is a member with at
least eight years of active service.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1207 the
following new item:
``1207a. Members with over eight years of active service: eligibility
for disability retirement for pre-existing
conditions.''.
(b) Nonregular Service Retirement.--(1) Chapter 1223 of such title
is amended by inserting after section 12731a the following new section:
``Sec. 12731b. Special rule for members with physical disabilities not
incurred in line of duty
``In the case of a member of the Selected Reserve of a reserve
component who no longer meets the qualifications for membership in the
Selected Reserve solely because the member is unfit because of physical
disability, the Secretary concerned may, for purposes of section 12731
of this title, determine to treat the member as having met the service
requirements of subsection (a)(2) of that section and provide the
member with the notification required by subsection (d) of that section
if the member has completed at least 15, and less than 20, years of
service computed under section 12732 of this title.
``(b) Notification under subsection (a) may not be made if--
``(1) the disability was the result of the member's
intentional misconduct, willful neglect, or willful failure to
comply with standards and qualifications for retention
established by the Secretary concerned; or
``(2) the disability was incurred during a period of
unauthorized absence.''
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 12731a the
following new item:
``12731b. Special rule for members with physical disabilities not
incurred in line of duty.''.
(c) Separation.--Section 1206(5) of such title is amended by
inserting ``, in the case of a disability incurred before the date of
the enactment of the National Defense Authorization Act for Fiscal Year
2000,'' after ``determination, and''.
Subtitle F--Eligibility to Participate in the Thrift Savings Plan
SEC. 661. AUTHORITY FOR MEMBERS OF THE UNIFORMED SERVICES TO CONTRIBUTE
TO THE THRIFT SAVINGS FUND.
(a) Authority for Members of the Uniformed Services To Contribute
to the Thrift Savings Fund.--(1) 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
``(a)(1) A member of the uniformed services performing active
service may elect to contribute to the Thrift Savings Fund--
``(A) a portion of such individual's basic pay; or
``(B) a portion of any special or incentive pay payable to
such individual under chapter 5 of title 37.
Any contribution under subparagraph (B) shall be made by direct
transfer to the Thrift Savings Fund by the Secretary concerned.
``(2)(A) Except as provided in subparagraph (B), an election under
paragraph (1) may be made only during a period provided under section
8432(b), subject to the same conditions as prescribed under paragraph
(2)(A)-(D) thereof.
``(B)(i) Notwithstanding subparagraph (A), a member of the
uniformed services performing active service on the effective date of
this section may make the first such election during the 60-day period
beginning on such effective date.
``(ii) An election made under this subparagraph shall take effect
on the first day of the first applicable pay period beginning after the
close of the 60-day period referred to in clause (i).
``(b)(1) Except as otherwise provided in this subsection, the
provisions of this subchapter and subchapter VII shall apply with
respect to members of the uniformed services making contributions to
the Thrift Savings Fund.
``(2)(A) The amount contributed by a member of the uniformed
services under subsection (a)(1)(A) for any pay period shall not exceed
5 percent of such member's basic pay for such pay period.
``(B) Nothing in this section or section 211 of title 37 shall be
considered to waive any dollar limitation under the Internal Revenue
Code of 1986 which otherwise applies with respect to the Thrift Savings
Fund.
``(3) No contributions under section 8432(c) shall be made for the
benefit of a member of the uniformed services making contributions to
the Thrift Savings Fund under subsection (a).
``(4) In applying section 8433 to a member of the uniformed
services who has an account balance in the Thrift Savings Fund, the
reference in subsection (g)(1) or (h)(3) of section 8433 to
contributions made under section 8432(a) shall be considered a
reference to contributions made under any of sections 8351, 8432(a),
8432b(b), or 8440a-8440e.
``(c) For purposes of this section--
``(1) the term `basic pay' has the meaning given such term
by section 204 of title 37;
``(2) the term `active service' means--
``(A) active duty for a period of more than 30
days, as defined by section 101(d)(2) of title 10; and
``(B) full-time National Guard duty, as defined by
section 101(d)(5) of title 10;
``(3) the term `Secretary concerned' has the meaning given
such term by section 101 of title 37; and
``(4) any reference to `separation from Government
employment' shall be considered a reference to a release from
active duty (not followed by a resumption of active duty, or an
appointment to a position covered by chapter 83 or 84 of title
5 or an equivalent retirement system, as identified by the
Executive Director in regulations) before the end of the 31-day
period beginning on the day following the date of separation),
a transfer to inactive status, or a transfer to a retired list
pursuant to any provision of title 10.''.
(2) 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.''.
(b) Amendments Relating to the Employee Thrift Advisory Council.--
Section 8473 of title 5, United States Code, is amended--
(1) in subsections (a) and (b) by striking ``14 members''
and inserting ``15 members''; and
(2) in subsection (b) by striking ``and'' at the end of
paragraph (8), by striking the period at the end of paragraph
(9) and inserting ``; and'', and by adding at the end the
following:
``(10) 1 shall be appointed to represent participants who
are members of the uniformed services (within the meaning of
section 8440e).''.
(c) Technical and Conforming Amendments.--(1) Paragraph (11) of
section 8351(b) of title 5, United States Code, is amended by
redesignating such paragraph as paragraph (8).
(2) Subparagraph (B) of section 8432b(b)(2) of title 5, United
States Code, is amended by striking ``section 8432(a)'' and inserting
``sections 8432(a) and 8440e, respectively,''.
(3)(A) Section 8439(a)(1) of title 5, United States Code, is
amended--
(i) by inserting ``or 8432b(d)'' after ``8432(c)(1)''; and
(ii) by striking ``8351'' and inserting ``8351, 8432b(b),
or 8440a-8440e''.
(B) Section 8439(a)(2)(A)(i) of title 5, United States Code, is
amended by striking ``8432(a) or 8351'' and inserting ``8351, 8432(a),
8432b(b), or 8440a-8440e''.
(C) Section 8439(a)(2)(A)(ii) of title 5, United States Code, is
amended by striking ``title;'' and inserting ``title (including
subsection (c) or (d) of section 8432b);''.
(D) Section 8439(a)(2)(A) of title 5, United States Code, is
amended by striking ``and'' at the end of clause (ii), by striking ``,
over'' at the end of clause (iii) and inserting ``; and'', and by
adding after clause (iii) the following:
``(iv) any other amounts paid, allocated, or
otherwise credited to such individual's account,
over''.
SEC. 662. CONTRIBUTIONS TO THRIFT SAVINGS FUND.
(a) In General.--(1) Chapter 3 of title 37, United States Code, is
amended by adding at the end the following:
``Sec. 211. Contributions to Thrift Savings Fund
``A member of the uniformed services who is performing active
service may elect to contribute, in accordance with section 8440e of
title 5, a portion of the basic pay of the member for that service (or
of any special or incentive pay under chapter 5 of this title which
relates to that service) to the Thrift Savings Fund established by
section 8437 of title 5.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``211. Contributions to Thrift Savings Fund.''.
SEC. 663. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Executive Director (appointed by the Federal Retirement Thrift
Investment Board) shall issue regulations to implement sections 8351
and 8440e of title 5, United States Code (as amended by section 661)
and section 211 of title 37, United States Code (as amended by section
662).
SEC. 664. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this subtitle shall take effect one year after the
date of the enactment of this Act, or on July 1, 2000, whichever is
later.
(b) Exception.--Nothing in this subtitle (or any amendment made by
this subtitle) shall be considered to permit the making of any
contributions under section 8440e(a)(1)(B) of title 5, United States
Code (as amended by section 661), before December 1, 2000.
(c) Effectiveness Contingent on Offsetting Legislation.--(1) This
subtitle shall be effective only if--
(A) the President, in the budget of the President for
fiscal year 2001, proposes legislation which if enacted would
be qualifying offsetting legislation; and
(B) there is enacted during the second session of the 106th
Congress qualifying offsetting legislation.
(2) If the conditions in paragraph (1) are met, then, this section
shall take effect on the date on which qualifying offsetting
legislation is enacted or, if later, the effective date determined
under subsection (a).
(3) For purposes of this subsection:
(A) The term ``qualifying offsetting legislation'' means
legislation (other than an appropriations Act) that includes
provisions that--
(i) offset fully the increased outlays for each of
fiscal years 2000 through 2009 to be made by reason of
the amendments made by this subtitle;
(ii) expressly state that they are enacted for the
purpose of the offset described in clause (i); and
(iii) are included in full on the PayGo scorecard.
(B) The term ``PayGo scorecard'' means the estimates that
are made with respect to fiscal years through fiscal year 2009
by the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section
252(d) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Subtitle G--Other Matters
SEC. 671. PAYMENTS FOR UNUSED ACCRUED LEAVE AS PART OF REENLISTMENT.
Section 501 of title 37, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``conditions or'' and inserting
``conditions,''; and
(B) by adding before the semicolon the following:
``, or a reenlistment of the member (regardless of when
the reenlistment occurs)''; and
(2) in subsection (b)(2), by striking ``, or entering into
an enlistment,''.
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY
TECHNICIANS SERVING ON ACTIVE DUTY WITHOUT PAY OUTSIDE
THE UNITED STATES.
(a) Authority to Provide Per Diem Allowance.--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 new paragraph:
``(2) If a military technician (dual status), as described in
section 10216 of title 10, is performing active duty without pay while
on leave from technician employment, as authorized by section 6323(d)
of title 5, the Secretary concerned may authorize the payment of a per
diem allowance to the military technician in lieu of commutation for
subsistence and quarters under paragraph (1).''.
(b) Types of Overseas Operations.--Section 6323(d)(1) of title 5,
United States Code, is amended by striking ``noncombat''.
(c) Effective Date.--The amendment made by subsection (a) shall be
effective as of February 10, 1996, as if included in section 1039 of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 432).
SEC. 673. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.
(a) Program Required.--Subsection (a) of section 1060a of title 10,
United States Code, is amended by striking ``Authority.--The Secretary
of Defense may'' and inserting ``Program Required.--The Secretary of
Defense shall''.
(b) Funding Source.--Subsection (b) of such section is amended to
read as follows:
``(b) Funding Mechanism.--The Secretary of Defense shall use funds
available for the Department of Defense to carry out the program under
subsection (a).''.
(c) Program Administration.--Subsection (c) of such section is
amended--
(1) by striking paragraph (1)(B) and inserting the
following:
``(B) In determining income eligibility standards for families of
individuals participating in the program under this section, the
Secretary of Defense shall, to the extent practicable, use the
criterion described in subparagraph (A). The Secretary shall also
consider the value of housing in kind provided to the individual when
determining program eligibility.'';
(2) in paragraph (2), by adding before the period at the
end the following: ``, particularly with respect to nutrition
education and counseling''; and
(3) by adding at the end the following new paragraph:
``(3) The Secretary of Agriculture shall provide technical
assistance to the Secretary of Defense, if so requested by the
Secretary of Defense, for the purpose of carrying out the program under
subsection (a).''.
(d) Conforming Amendment.--Section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786) is amended by adding at the end the following new
subsection:
``(q) The Secretary of Agriculture shall provide technical
assistance to the Secretary of Defense, if so requested by the
Secretary of Defense, for the purpose of carrying out the overseas
special supplemental food program established under section 1060a(a) of
title 10, United States Code.''.
SEC. 674. 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 (subject to the availability
of appropriations) 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 Disabled Uniformed Services Retiree Defined.--In
this section, the term `eligible disabled military retiree' means a
member of the uniformed services in a retired status (who is retired
under a provision of law other than 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.--(1) 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.
``(2) If the amount of funds available to the Secretary concerned
for any fiscal year for payments under this section is less than the
amount required to make such payments to all eligible disabled
uniformed services retirees for that year, the Secretary shall make
such payments first to retirees described in paragraph (1) of
subsection (b), then (to the extent funds are available) to retirees
described in paragraph (2) of that subsection, and then (to the extent
funds are available) to retirees described in paragraph (3) of that
subsection.
``(g) Other Definitions.--In this section:
``(1) The terms `compensation' and `service-connected' have
the meanings given those terms 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 schedular 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. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED IN A CONTINGENCY
OPERATION.
Section 2007(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of a member serving in a contingency
operation or similar operational mission (other than for
training) designated by the Secretary concerned, all of the
charges may be paid.''.
TITLE VII--HEALTH CARE MATTERS
Subtitle A--Health Care Services
SEC. 701. PROVISION OF HEALTH CARE TO MEMBERS ON ACTIVE DUTY AT CERTAIN
REMOTE LOCATIONS.
(a) In General.--The Secretary of Defense shall enter into
agreements with designated providers under which such providers will
provide health care services in or through managed care plans to an
eligible member of the Armed Forces who resides within the service area
of the designated provider. The provisions in section 722(b)(2) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 10 U.S.C. 1073 note) shall apply with respect to such
agreements.
(b) Adherence to TRICARE Prime Remote Program Policies.--A
designated provider who provides health care to an eligible member
described in subsection (a) shall, in providing such care, adhere to
policies of the Department of Defense with respect to the TRICARE Prime
Remote program, including policies regarding coordination with
appropriate military medical authorities for specialty referrals and
hospitalization.
(c) Reimbursement Rates.--The Secretary shall negotiate with each
designated provider reimbursement rates that do not exceed
reimbursement rates allowable under TRICARE Standard.
(d) Definitions.--In this section:
(1) The term ``eligible member'' has the meaning given that
term in section 731(c) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 1074
note).
(2) The term ``designated provider'' has the meaning given
that term in section 721(5) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10
U.S.C. 1073 note).
SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.
(a) In General.--Section 731 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1092 note) is
amended--
(1) in the heading, by striking ``demonstration program'';
(2) in subsection (a), by adding at the end the following
new paragraph:
``(4) During fiscal year 2000, the Secretary shall continue to
furnish the same chiropractic care in the military medical treatment
facilities designated pursuant to paragraph (2)(A) as the chiropractic
care furnished during the demonstration program.'';
(3) in subsection (c)--
(A) in paragraph (3), by striking ``Committee on
Armed Services of the Senate and the Committee on
National Security of the House of Representatives'' and
inserting ``Committees on Armed Services of the Senate
and the House of Representatives''; and
(B) in paragraph (5), by striking ``May 1, 2000''
and inserting ``January 31, 2000'';
(4) in subsection (d)--
(A) in paragraph (3)--
(i) by striking ``; and'' at the end of
subparagraph (C) and inserting a semicolon;
(ii) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) if the Secretary submits an implementation plan
pursuant to subsection (e), the preparation of such plan.'';
and
(B) by adding at the end the following new
paragraph:
``(5) The Secretary shall--
``(A) make full use of the oversight advisory committee in
preparing--
``(i) the final report on the demonstration program
conducted under this section; and
``(ii) the implementation plan described in
subsection (e); and
``(B) provide opportunities for members of the committee to
provide views as part of such final report and plan.'';
(5) by redesignating subsection (e) as subsection (f); and
(6) by inserting after subsection (d) the following new subsection:
``(e) Implementation Plan.--If the Secretary of Defense recommends
in the final report submitted under subsection (c) that chiropractic
health care services should be offered in medical care facilities of
the Armed Forces or as a health care service covered under the TRICARE
program, the Secretary shall, not later than March 31, 2000, submit to
the Committees on Armed Services of the House of Representatives and
the Senate an implementation plan for the full integration of
chiropractic health care services into the military health care system
of the Department of Defense, including the TRICARE program. Such
implementation plan shall include--
``(1) a detailed analysis of the projected costs of fully
integrating chiropractic health care services into the military
health care system;
``(2) the proposed scope of practice for chiropractors who
would provide services to covered beneficiaries under chapter
55 of title 10, United States Code;
``(3) the proposed military medical treatment facilities at
which such services would be provided;
``(4) the military readiness requirements for chiropractors
who would provide services to such covered beneficiaries; and
``(5) any other relevant factors that the Secretary
considers appropriate.''.
(b) Conforming Amendment.--The item relating to section 731 in the
table of contents at the beginning of such Act is amended to read as
follows:
``731. Chiropractic health care.''.
SEC. 703. CONTINUATION OF PROVISION OF DOMICILIARY AND CUSTODIAL CARE
FOR CERTAIN CHAMPUS BENEFICIARIES.
(a) Continuation of Care.--(1) The Secretary of Defense may, in any
case in which the Secretary makes the determination described in
paragraph (2), continue to provide 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 provided to an eligible beneficiary that would otherwise
be excluded from coverage under regulations implementing section
1077(b)(1) of such title.
(2) A determination under this paragraph is a determination that
discontinuation of payment for domiciliary or custodial care services
or transition to provision of care under the individual case management
program authorized by section 1079(a)(17) of such title would be--
(A) inadequate to meet the needs of the eligible
beneficiary; and
(B) unjust to such beneficiary.
(b) Eligible Beneficiary Defined.--As used in this section, the
term ``eligible beneficiary'' means a covered beneficiary (as that term
is defined in section 1072 of title 10, United States Code) who, before
the effective date of 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.
SEC. 704. REMOVAL OF RESTRICTION ON USE OF FUNDS FOR ABORTIONS IN
CERTAIN CASES OF RAPE OR INCEST.
Section 1093(a) of title 10, United States Code, is amended by
inserting ``or in a case in which the pregnancy is the result of an act
of forcible rape or incest which has been reported to a law enforcement
agency'' before the period.
Subtitle B--TRICARE Program
SEC. 711. IMPROVEMENTS TO CLAIMS PROCESSING UNDER THE TRICARE PROGRAM.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1095b the following new section:
``Sec. 1095c. TRICARE program: facilitation of processing of claims
``(a) Reduction of Processing Time.--(1) With respect to claims for
payment for medical care provided under the TRICARE program, the
Secretary of Defense shall implement a system for processing of claims
under which--
``(A) 95 percent of all mistake-free claims must be
processed not later than 30 days after the date that such
claims are submitted to the claims processor; and
``(B) 100 percent of all mistake-free claims must be
processed not later than 100 days after the date that such
claims are submitted to the claims processor.
``(2) The Secretary may, under the system required by paragraph (1)
and consistent with the provisions in chapter 39 of title 31, United
States Code (commonly referred to as the `Prompt Payment Act'), require
that interest be paid on claims that are not processed within 30 days.
``(b) Requirement to Provide Start-up Time For Certain
Contractors.--(1) The Secretary of Defense shall not require that a
contractor described in paragraph (2) begin to provide managed care
support pursuant to a contract to provide such support under the
TRICARE program until at least nine months after the date of the award
of the contract. In such case the contractor may begin to provide
managed care support pursuant to the contract as soon as practicable
after the award of the contract, but in no case later than one year
after the date of such award.
``(2) A contractor under this paragraph is a contractor who is
awarded a contract to provide managed care support under the TRICARE
program--
``(A) who has not previously been awarded such a contract
by the Department of Defense; or
``(B) who has previously been awarded such a contract by
the Department of Defense but for whom the subcontractors have
not previously been awarded the subcontracts for such a
contract.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1095b the
following new item:
``1095c. TRICARE program: facilitation of processing of claims.''.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on--
(1) the status of claims processing backlogs in each
TRICARE region;
(2) the estimated time frame for resolution of such
backlogs;
(3) efforts to reduce the number of change orders with
respect to contracts to provide managed care support under the
TRICARE program and to make such change orders in groups on a
quarterly basis rather than one at a time;
(4) the extent of success in simplifying claims processing
procedures through reduction of reliance of the Department of
Defense on, and the complexity of, the health care service
record;
(5) application of best industry practices with respect to
claims processing, including electronic claims processing; and
(6) any other initiatives of the Department of Defense to
improve claims processing procedures.
(c) Deadline For Implementation.--The system for processing claims
required under section 1095c(a) of title 10, United States Code (as
added by subsection (a)), shall be implemented not later than 6 months
after the date of the enactment of this Act.
(d) Applicability.--Section 1095c(b) of title 10, United States
Code (as added by subsection (a)), shall apply with respect to any
contract to provide managed care support under the TRICARE program
negotiated after the date of the enactment of this Act.
SEC. 712. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1095c (as added by section 711) the
following new section:
``Sec. 1095d. TRICARE program: waiver of certain deductibles
``(a) Waiver Authorized.--The Secretary of Defense may waive the
deductible payable for medical care provided under the TRICARE program
to an eligible dependent of--
``(1) a member of a reserve component on active duty
pursuant to a call or order to active duty for a period of less
than one year; or
``(2) a member of the National Guard on full-time National
Guard duty pursuant to a call or order to full-time National
Guard duty for a period of less than one year.
``(b) Eligible Dependent.--As used in this section, the term
`eligible dependent' means a dependent described subparagraphs (A),
(D), or (I) of section 1072(2) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1095c the following new item:
``1095d. TRICARE: program waiver of certain deductibles.''.
SEC. 713. ELECTRONIC PROCESSING OF CLAIMS UNDER THE TRICARE PROGRAM.
Section 1095c of title 10, United States Code, as added by section
711, is amended by adding at the end the following new subsection:
``(c) Incentives for Electronic Processing.--The Secretary of
Defense shall require that new contracts for managed care support under
the TRICARE program provide that the contractor be permitted to provide
financial incentives to health care providers who file claims for
payment electronically.''.
SEC. 714. STUDY OF RATES FOR PROVISION OF MEDICAL SERVICES; PROPOSAL
FOR CERTAIN RATE INCREASES.
Not later than February 1, 2000, the Secretary of Defense shall
submit to Congress--
(1) a study on how the maximum allowable rates charged for
the 100 most commonly performed medical procedures under the
Civilian Health and Medical Program of the Uniformed Services
and Medicare compare with usual and customary commercial
insurance rates for such procedures in each TRICARE Prime
catchment area; and
(2) a proposal for increases of maximum allowable rates
charged for medical procedures under the Civilian Health and
Medical Program of the Uniformed Services should the study
conducted under paragraph (1) find 20 or more rates which are
less than or equal to the 50th percentile of the usual and
customary commercial insurance rates charged for such
procedures.
SEC. 715. REQUIREMENTS FOR PROVISION OF CARE IN GEOGRAPHICALLY
SEPARATED UNITS.
(a) Contractual Requirement.--The Secretary of Defense shall
require that all new contracts for the provision of health care under
TRICARE Prime include a requirement that the TRICARE Prime Remote
network, to the maximum extent possible, provide health care
concurrently to members of the Armed Forces in geographically separated
units and their dependents in areas outside the catchment area of a
military medical treatment facility.
(b) Report on Implementation.--Not later than May 1, 2000, the
Secretary shall submit to Congress a report on the extent and success
of implementation of the requirement under subsection (a), and where
concurrent implementation has not been achieved, the reasons and
circumstances that prohibited implementation and a plan to provide
TRICARE Prime benefits to those otherwise eligible covered
beneficiaries for whom enrollment in a TRICARE Prime network is not
feasible.
SEC. 716. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE
PROGRAM.
(a) Waiver of Nonavailability Statement or Preauthorization.--In
the case of a covered beneficiary under chapter 55 of title 10, United
States Code, who is a TRICARE eligible beneficiary not enrolled in
TRICARE Prime, the Secretary of Defense may not require with regard to
authorized health care services (other than mental health services)
under any new contract for the provision of health care services under
such chapter that the beneficiary--
(1) obtain a nonavailability statement or preauthorization
from a military medical treatment facility in order to receive
the services from a civilian provider; or
(2) obtain a nonavailability statement for care in
specialized treatment facilities outside the 200-mile radius of
a military medical treatment facility.
(b) Notice.--The Secretary may require that the covered beneficiary
provide appropriate notice to the primary care manager of the
beneficiary.
(c) Exceptions.--Subsection (a) shall not apply if--
(1) the Secretary can demonstrate significant cost
avoidance for specific procedures at the affected military
treatment facilities;
(2) the Secretary determines that a specific procedure must
be maintained at the affected military treatment facility to
ensure the proficiency levels of the practitioners at the
facility; or
(3) the lack of nonavailability statement data would
significantly interfere with TRICARE contract administration.
SEC. 717. REIMBURSEMENT OF CERTAIN COSTS INCURRED BY COVERED
BENEFICIARIES WHEN REFERRED FOR CARE OUTSIDE LOCAL
CATCHMENT AREA.
The Secretary of Defense shall require that any new contract for
the provision of health care services under chapter 55 of title 10,
United States Code, shall require that in any case in which a covered
beneficiary under such chapter who is enrolled in TRICARE Prime is
referred by a network provider or military treatment facility to a
provider or military treatment facility more than 100 miles outside the
catchment area of a military treatment facility because a local
provider is not available, or in any other respect not within the terms
of a new managed care support contract, the beneficiary shall be
reimbursed by the network provider or military treatment facility
making the referral for the cost of personal automobile mileage, to be
paid under standard reimbursement rates for Federal employees, or for
the cost of air travel in amounts not to exceed standard contract fares
for Federal employees.
SEC. 718. IMPROVEMENT OF REFERRAL PROCESS UNDER TRICARE.
(a) Elimination of Preauthorization Requirements for Certain
Care.--Under regulations prescribed by the Secretary of Defense, and in
all new managed care support contracts the Secretary shall eliminate
requirements in certain cases under TRICARE Prime that network primary
care managers preauthorize covered beneficiaries under chapter 55 of
title 10, United States Code, to receive preventative health care
services within the managed care support contract network without
preauthorization from a primary care manager.
(b) Covered Services.--Should such a covered beneficiary choose to
receive care from a provider in the network, the covered beneficiary
shall not be required to have a referral from a primary care manager--
(1) for receipt of preventative obstetric or gynecological
services by a network obstetrician or gynecologist;
(2) for mammograms performed by a network provider if the
beneficiary is a female over the age of 35; or
(3) for provision of preventative specialty urology care
from a network urologist if the beneficiary is a male over the
age of 60.
(c) Notice.--The Secretary may require that the covered beneficiary
provide appropriate notice to the primary care manager of the
beneficiary.
(d) Regulations.--The Secretary shall prescribe the regulations
required by subsection (a) not later than May 1, 2000 and implement the
regulations not later than October 1, 2000.
Subtitle C--Other Matters
SEC. 721. PHARMACY BENEFITS PROGRAM.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074f the following new section:
``Sec. 1074g. Pharmacy benefits program
``(a) Pharmacy Benefits.--(1) The Secretary of Defense, after
consultation with the other administering Secretaries, shall establish
an effective, efficient, integrated pharmacy benefits program under
this chapter (hereinafter in this section referred to as the `pharmacy
benefits program').
``(2)(A) The pharmacy benefits program shall include a uniform
formulary of pharmaceutical agents, which shall assure the availability
of pharmaceutical agents in a complete range of therapeutic classes.
The selection for inclusion on the uniform formulary of particular
pharmaceutical agents in each therapeutic class shall be based on the
relative clinical and cost effectiveness of the agents in such class.
``(B) The Secretary shall establish procedures for the selection of
particular pharmaceutical agents for the uniform formulary, and shall
begin to implement the uniform formulary not later than October 1,
2000.
``(C) Pharmaceutical agents included on the uniform formulary shall
be available to eligible covered beneficiaries through--
``(i) facilities of the uniformed services, consistent with
the scope of health care services offered in such facilities;
``(ii) retail pharmacies designated or eligible under the
TRICARE program or the Civilian Health and Medical Program of
the Uniformed Services to provide pharmaceutical agents to
eligible covered beneficiaries; or
``(iii) the national mail order pharmacy program.
``(3) The pharmacy benefits program shall assure the availability
of clinically appropriate pharmaceutical agents to members of the armed
forces, including, if appropriate, agents not included on the uniform
formulary described in paragraph (2).
``(4) The pharmacy benefits program may provide that prior
authorization be required for certain categories of pharmaceutical
agents to assure that the use of such agents is clinically appropriate.
Such categories shall be the following:
``(A) High-cost injectable agents.
``(B) High-cost biotechnology agents.
``(C) Pharmaceutical agents with high potential for
inappropriate use.
``(D) Pharmaceutical agents otherwise determined by the
Secretary to require prior authorization.
``(5)(A) The pharmacy benefits program shall include procedures for
eligible covered beneficiaries to receive pharmaceutical agents not
included on the uniform formulary. Such procedures shall include peer
review procedures under which the Secretary may determine that there is
a clinical justification for the use of a pharmaceutical agent that is
not on the uniform formulary, in which case the pharmaceutical agent
shall be provided under the same terms and conditions as an agent on
the uniform formulary.
``(B) If the Secretary determines that there is not a clinical
justification for the use of a pharmaceutical agent that is not on the
uniform formulary under the procedures established pursuant to
subparagraph (A), such pharmaceutical agent shall be available through
at least one of the means described in paragraph (2)(C) under terms and
conditions that may include cost sharing by the eligible covered
beneficiary in addition to any such cost sharing applicable to agents
on the uniform formulary.
``(6) The Secretary of Defense shall, after consultation with the
other administering Secretaries, promulgate regulations to carry out
this subsection.
``(7) Nothing in this subsection shall be construed as authorizing
a contractor to penalize an eligible covered beneficiary with respect
to, or decline coverage for, a maintenance pharmaceutical that is not
on the list of preferred pharmaceuticals of the contractor and that was
prescribed for the beneficiary before the date of the enactment of this
section and stabilized the medical condition of the beneficiary.
``(b) Establishment of Committee.--(1) The Secretary of Defense
shall, in consultation with the Secretaries of the military
departments, establish a pharmaceutical and therapeutics committee for
the purpose of developing the uniform formulary of pharmaceutical
agents required by subsection (a), reviewing such formulary on a
periodic basis, and making additional recommendations regarding the
formulary as the committee determines necessary and appropriate. The
committee shall include representatives of pharmacies of the uniformed
services facilities, contractors responsible for the TRICARE retail
pharmacy program, contractors responsible for the national mail order
pharmacy program, providers in facilities of the uniformed services,
and TRICARE network providers. Committee members shall have expertise
in treating the medical needs of the populations served through such
entities and in the range of pharmaceutical and biological medicines
available for treating such populations.
``(2) Not later than 90 days after the establishment of the
pharmaceutical and therapeutics committee by the Secretary, the
committee shall submit a proposed uniform formulary to the Secretary .
``(c) Advisory Panel.--(1) Concurrent with the establishment of the
pharmaceutical and therapeutics committee under subsection (b), the
Secretary shall establish a Uniform Formulary Beneficiary Advisory
Panel to review and comment on the development of the uniform
formulary. The Secretary shall consider the comments of the panel
before implementing the uniform formulary or implementing changes to
the uniform formulary.
``(2) The Secretary shall determine the size and membership of the
panel established under paragraph (1), which shall include members that
represent nongovernmental organizations and associations that represent
the views and interests of a large number of eligible covered
beneficiaries.
``(d) Procedures.--In the operation of the pharmacy benefits
program under subsection (a), the Secretary of Defense shall assure
through management and new contractual arrangements that financial
resources are aligned such that the cost of prescriptions is borne by
the organization that is financially responsible for the health care of
the eligible covered beneficiary.
``(e) Pharmacy Data Transaction Service.--Not later than April 1,
2000, the Secretary of Defense shall implement the use of the Pharmacy
Data Transaction Service in all fixed facilities of the uniformed
services under the jurisdiction of the Secretary, the TRICARE network
retail pharmacy program, and the national mail order pharmacy program.
``(f) Definition of Eligible Covered Beneficiary.--As used in this
section, the term `eligible covered beneficiary' means a covered
beneficiary for whom eligibility to receive pharmacy benefits through
the means described in subsection (a)(2)(C) is established under this
chapter or another provision of law.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074f the
following new item:
``1074g. Pharmacy benefits program.''.
(b) Deadline For Establishment of Committee.--The Secretary shall
establish the pharmaceutical and therapeutics committee required under
section 1074g(b) of title 10, United States Code, not later than 30
days after the date of the enactment of this Act.
(c) Reports Required.--Not later than April 1 and October 1 of
fiscal years 2000 and 2001, the Secretary of Defense shall submit to
Congress a report on--
(1) implementation of the uniform formulary required under
subsection (a) of section 1074g of title 10, United States Code
(as added by subsection (a));
(2) the results of a confidential survey conducted by the
Secretary of prescribers for military medical treatment
facilities and TRICARE contractors to determine--
(A) during the most recent fiscal year, how often
prescribers attempted to prescribe non-formulary or
non-preferred prescription drugs, how often such
prescribers were able to do so, and whether covered
beneficiaries were able to fill such prescriptions
without undue delay;
(B) the understanding by prescribers of the reasons
that military medical treatment facilities or civilian
contractors preferred certain pharmaceuticals to
others; and
(C) the impact of any restrictions on access to
non-formulary prescriptions on the clinical decisions
of the prescribers and the aggregate cost, quality, and
accessibility of health care provided to covered
beneficiaries;
(3) the operation of the Pharmacy Data Transaction Service
required by subsection (e) of such section 1074g; and
(4) any other actions taken by the Secretary to improve
management of the pharmacy benefits program under such section.
(d) Study for Design of Pharmacy Benefit for Certain Covered
Beneficiaries.--(1) Not later than April 15, 2001, the Secretary of
Defense shall prepare and submit to Congress--
(A) a study on a design for a comprehensive pharmacy
benefit for covered beneficiaries under chapter 55 of title 10,
United States Code, who are entitled to benefits under part A,
and enrolled under part B, of title XVIII of the Social
Security Act; and
(B) an estimate of the costs of implementing and operating
such design.
(2) The design described in paragraph (1)(A) shall incorporate the
elements of the pharmacy benefits program required to be established
under section 1074g of title 10, United States Code (as added by
subsection (a)).
SEC. 722. IMPROVEMENTS TO THIRD-PARTY PAYER COLLECTION PROGRAM.
Section 1095 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``the reasonable costs of'' and
inserting ``reasonable charges for'';
(B) by striking ``such costs'' and inserting ``such
charges''; and
(C) by striking ``the reasonable cost of'' and
inserting ``a reasonable charge for'';
(2) by amending subsection (f) to read as follows:
``(f) The Secretary of Defense, in consultation with the other
administering Secretaries, shall prescribe regulations for the
administration of this section. Such regulations shall provide for the
computation of reasonable charges for inpatient services, outpatient
services, and other health care services. Computation of such
reasonable charges may be based on--
``(1) per diem rates;
``(2) all-inclusive per visit rates;
``(3) diagnosis-related groups;
``(4) rates prescribed under the regulations prescribed to
implement sections 1079 and 1086 of this title; or
``(5) such other method as may be appropriate.'';
(3) in subsection (g), by striking ``the costs of''; and
(4) in subsection (h)(1), by striking the first sentence
and inserting ``The term `third-party payer' means an entity
that provides an insurance, medical service, or health plan by
contract or agreement, including an automobile liability
insurance or no fault insurance carrier, and any other plan or
program that is designed to provide compensation or coverage
for expenses incurred by a beneficiary for health care services
or products.''.
SEC. 723. AUTHORITY OF ARMED FORCES MEDICAL EXAMINER TO CONDUCT
FORENSIC PATHOLOGY INVESTIGATIONS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130b. Authority of armed forces medical examiner to conduct
forensic pathology investigations
``(a) In General.--The Armed Forces Medical Examiner may conduct a
forensic pathology investigation, including an autopsy, to determine
the cause or manner of death of an individual in any case in which--
``(1) the individual was killed, or from any cause died an
unnatural death;
``(2) the cause or manner of death is unknown;
``(3) there is reasonable suspicion that the death was by
unlawful means;
``(4) the death appears to be from an infectious disease or
the result of the effects of a hazardous material that may have
an adverse effect on the installation or community in which the
individual died or was found dead; or
``(5) the identity of the deceased individual is unknown.
``(b) Limitations on Authority.--(1) The authority provided under
subsection (a) may only be exercised with respect to an individual in a
case in which--
``(A) the individual died or is found dead at an
installation garrisoned by units of the armed forces and under
the exclusive jurisdiction of the United States;
``(B) the individual was, at the time of death, a member of
the armed forces on active duty or inactive duty for training
or a member of the armed forces who recently retired under
chapter 61 of this title and died as a result of an injury or
illness incurred while on active duty;
``(C) the individual was a civilian dependent of a member
of the armed forces and died or was found dead at a location
outside the United States;
``(D) the Armed Forces Medical Examiner determines,
pursuant to an authorized investigation by the Department of
Defense of matters involving the death of an individual or
individuals, that a factual determination of the cause or
manner of the death of the individual is necessary; or
``(E) pursuant to an authorized investigation being
conducted by the Federal Bureau of Investigation, the National
Transportation Safety Board, or other Federal agency, an
official of such agency with authority to direct a forensic
pathology investigation requests that an investigation be
conducted by the Armed Forces Medical Examiner.
``(2) The authority provided in subsection (a) shall be subject to
the primary jurisdiction, to the extent exercised, of a State or local
government with respect to the conduct of an investigation or, if
outside the United States, of authority exercised under any applicable
Status-of-Forces or other international agreement between the United
States and the country in which the individual died or was found dead.
``(c) Designation of Pathologist.--The Armed Forces Medical
Examiner may designate any qualified pathologist to carry out the
authority provided in subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``130b. Authority of armed forces medical examiner to conduct forensic
pathology investigations.''.
SEC. 724. TRAUMA TRAINING CENTER.
(a) Start-up Costs.--Of the funds authorized to be appropriated in
section 301(22) for the Defense Health Program, $4,000,000, shall be
used for startup costs for a Trauma Training Center to enhance the
capability of the Army to train forward surgical teams.
(b) Amendment to Existing Authority.--Section 742 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2074) is amended to read as follows:
``SEC. 742. AUTHORIZATION TO ESTABLISH A TRAUMA TRAINING CENTER.
``The Secretary of the Army is hereby authorized to establish a
Trauma Training Center in order to provide the Army with a trauma
center capable of training forward surgical teams.''.
SEC. 725. STUDY ON JOINT OPERATIONS FOR THE DEFENSE HEALTH PROGRAM.
Not later than October 1, 2000, the Secretary of Defense shall
prepare and submit to Congress a study identifying areas with respect
to the Defense Health Program for which joint operations might be
increased, including organization, training, patient care, hospital
management, and budgeting. The study shall include a discussion of the
merits and feasibility of--
(1) establishing a joint command for the Defense Health
Program as a military counterpart to the Assistant Secretary of
Defense for Health Affairs;
(2) establishing a joint training curriculum for the
Defense Health Program; and
(3) creating a unified chain of command and budgeting
authority for the Defense Health Program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR COAL AND COKE.
(a) In General.--Section 2404 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``petroleum or natural gas'' and inserting ``a
defined fuel source'';
(B) in paragraph (1)--
(i) by striking ``petroleum market
conditions or natural gas market conditions, as
the case may be,'' and inserting ``market
conditions for the defined fuel source''; and
(ii) by striking ``acquisition of petroleum
or acquisition of natural gas, respectively,''
and inserting ``acquisition of that defined
fuel source''; and
(C) in paragraph (2), by striking ``petroleum or
natural gas, as the case may be,'' and inserting ``that
defined fuel source'';
(3) in subsection (b), by striking ``petroleum or natural
gas'' in the second sentence and inserting ``a defined fuel
source'';
(4) in subsection (c), by striking ``petroleum'' and all
that follows through the period and inserting ``a defined fuel
source or services related to a defined fuel source by exchange
of a defined fuel source or services related to a defined fuel
source.'';
(5) in subsection (d)--
(A) by striking ``petroleum or natural gas'' in the
first sentence and inserting ``a defined fuel source'';
and
(B) by striking ``petroleum'' in the second
sentence and all that follows through the period and
inserting ``a defined fuel source or services related
to a defined fuel source.''; and
(6) by adding at the end the following new subsection:
``(f) Defined Fuel Sources.--In this section, the term `defined
fuel source' means any of the following:
``(1) Petroleum.
``(2) Natural gas.
``(3) Coal.
``(4) Coke.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2404. Acquisition of certain fuel sources: authority to waive
contract procedures; acquisition by exchange; sales
authority''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 141 of such title is amended to read as
follows:
``2404. Acquisition of certain fuel sources: authority to waive
contract procedures; acquisition by
exchange; sales authority.''.
SEC. 802. EXTENSION OF AUTHORITY TO ISSUE SOLICITATIONS FOR PURCHASES
OF COMMERCIAL ITEMS IN EXCESS OF SIMPLIFIED ACQUISITION
THRESHOLD.
Section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E
of Public Law 104-106; 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''.
SEC. 803. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE CERTAIN
PROCUREMENTS FROM SMALL ARMS PRODUCTION INDUSTRIAL BASE.
Section 2473(d) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(6) M2 machine gun.
``(7) M60 machine gun.''.
SEC. 804. REPEAL OF TERMINATION OF PROVISION OF CREDIT TOWARDS
SUBCONTRACTING GOALS FOR PURCHASES BENEFITING SEVERELY
HANDICAPPED PERSONS.
Section 2410d(c) of title 10, United States Code, is repealed.
SEC. 805. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Subsection (e) of section 834 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 ``2000.'' and inserting ``2003''.
SEC. 806. FACILITATION OF NATIONAL MISSILE DEFENSE SYSTEM.
(a) Authorization of Waiver of Requirement for Completion of
Initial OT&E Before Production Begins.--Notwithstanding section 2399(a)
of title 10, United States Code, the Secretary of Defense may make a
determination to proceed with production of a national missile defense
system without regard to whether initial operational testing and
evaluation of the system has been completed.
(b) Requirement for Completion of Initial OT&E.--If the Secretary
makes such a determination as provided by subsection (a), the Secretary
shall ensure that such a national missile defense system successfully
completes an adequate operational test and evaluation as soon as
practicable following that determination and before the operational
deployment of such system.
(c) Notification to Congressional Committees.--The Secretary shall
promptly notify the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives, in
writing, upon making a determination that production of a national
missile defense system may be carried out before initial operational
testing and evaluation of that system has been completed, as authorized
by subsection (a).
SEC. 807. OPTIONS FOR ACCELERATED ACQUISITION OF PRECISION MUNITIONS.
(a) Findings.--Congress finds the following:
(1) Current inventories of many precision munitions of the
United States do not meet the requirements of the Department of
Defense for two Major Theater Wars, and with respect to some
precision munitions, such requirements will not be met even
after planned acquisitions are made.
(2) Production lines for certain critical precision
munitions have been shut down, and the start-up production of
replacement precision munitions leaves a critical gap in
acquisition of follow-on precision munitions.
(3) Shortages of conventional air-launched cruise missiles
and Tomahawk missiles during Operation Allied Force indicate
the critical need to maintain robust inventories of precision
munitions.
(b) Reports.--(1) Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the requirements of the
Department of Defense for quantities of precision munitions for two
Major Theater Wars, and when such requirements will be met for each
precision munition.
(2) Not later than March 15, 2000, the Secretary shall submit to
the congressional defense committees a report on--
(A) the options recommended by the teams formed under
subsection (c) for acceleration of acquisition of precision
munitions; and
(B) a plan for implementing such options.
(c) Recommendations for Options.--The Secretary of Defense shall
form teams of experts from industry and the military departments to
recommend to the Secretary options for accelerating the acquisition of
precision munitions in order that, with respect to any such munition
for which the requirements of the Department of Defense for two Major
Theater Wars are not expected to be met by October 1, 2002, such
requirements may be met for such munitions by such date.
SEC. 808. PROGRAM TO INCREASE OPPORTUNITY FOR SMALL BUSINESS INNOVATION
IN DEFENSE ACQUISITION PROGRAMS.
(a) Requirement to Implement Program.--The Secretary of Defense
shall implement a program to provide for increased opportunity for
small-business concerns to provide innovative technology for
acquisition programs of the Department of Defense.
(b) Elements of Program.--The program required by subsection (a)
shall consist of the following elements:
(1) The Secretary shall establish procedures through which
small-business concerns may submit challenge proposals to
existing components of acquisition programs of the Department
of Defense which shall be designed to encourage small-business
concerns to recommend cost-saving and innovative ideas to
acquisition program managers.
(2) The Secretary shall establish a challenge proposal
review board, the purpose of which shall be to review and make
recommendations on the merit and viability of the challenge
proposals submitted under paragraph (1). The Secretary shall
ensure that such recommendations receive active consideration
for incorporation into applicable acquisition programs of the
Department of Defense at the appropriate point in the
acquisition cycle.
(c) Report.--The Secretary of Defense shall report to Congress
annually on the implementation of this section and the progress of
providing increased opportunity for small-business concerns to provide
innovative technology for acquisition programs of the Department of
Defense.
(d) Small-Business Concern Defined.--In this section, the term
``small-business concern'' has the same meaning as the meaning of such
term as used in the Small Business Act (15 U.S.C. 631 et seq.).
SEC. 809. COMPLIANCE WITH BUY AMERICAN ACT.
(a) Compliance with Buy American Act.--No funds authorized by this
Act may be expended by an entity of the Department of Defense unless
the entity agrees that in expending the funds the entity will comply
with the Buy American Act (41 U.S.C. 10a et seq.).
(b) Sense of Congress Regarding Purchase of American-Made Equipment
and Products.--It is the sense of Congress that any entity of the
Department of Defense, in expending funds authorized by this Act for
the purchase of equipment or products, should purchase only American-
made equipment and products.
(c) Debarment of Persons Convicted of Fraudulent Use of ``Made in
America'' Labels.--If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a ``Made
in America'' inscription, or another inscription with the same meaning,
to any product sold in or shipped to the United States that is not made
in the United States, the Secretary shall determine, in accordance with
section 2410f of title 10, United States Code, whether the person
should be debarred from contracting with the Department of Defense.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. LIMITATION ON AMOUNT AVAILABLE FOR CONTRACTED ADVISORY AND
ASSISTANCE SERVICES.
(a) Reduction.--From amounts appropriated for the Department of
Defense for fiscal year 2000, the total amount obligated for contracted
advisory and assistance services may not exceed the amount equal to the
sum of the amounts specified in the President's budget for fiscal year
2000 for those services for components of the Department of Defense
reduced by $100,000,000.
(b) Limitation Pending Receipt of Required Report.--Not more than
90 percent of the amount available to the Department of Defense for
fiscal year 2000 for contracted advisory and assistance services
(taking into account the limitation under subsection (a)) may be
obligated until the Secretary of Defense submits to Congress the first
annual report under section 2212(c) of title 10, United States Code.
SEC. 902. RESPONSIBILITY FOR LOGISTICS AND SUSTAINMENT FUNCTIONS OF THE
DEPARTMENT OF DEFENSE.
(a) Under Secretary of Defense for Acquisition and Technology.--(1)
The position of Under Secretary of Defense for Acquisition and
Technology in the Department of Defense is hereby redesignated as the
Under Secretary of Defense for Acquisition, Technology, and Logistics.
Any reference in any law, regulation, document, or other record of the
United States to the Under Secretary of Defense for Acquisition and
Technology shall be treated as referring to the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
(2) Section 133 of title 10, United States Code, is amended--
(A) in subsections (a), (b), and (e)(1), by striking
``Under Secretary of Defense for Acquisition and Technology''
and inserting ``Under Secretary of Defense for Acquisition,
Technology, and Logistics''; and
(B) in subsection (b)--
(i) by striking ``logistics,'' in paragraph (2);
(ii) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(iii) by inserting after paragraph (2) the
following new paragraph (3):
``(3) establishing policies for logistics, maintenance, and
sustainment support for all elements of the Department of
Defense;''.
(b) New Deputy Under Secretary for Logistics and Materiel
Readiness.--(1) Chapter 4 of title 10, United States Code, is amended
by inserting after section 133a the following new section:
``Sec. 133b. Deputy Under Secretary of Defense for Logistics and
Materiel Readiness
``(a) There is a Deputy Under Secretary of Defense for Logistics
and Materiel Readiness, appointed from civilian life by the President
by and with the advice and consent of the Senate. The Deputy Under
Secretary shall be appointed from among persons with an extensive
background in the sustainment of major weapon systems and combat
support equipment.
``(b) The Deputy Under Secretary is the principal adviser to the
Secretary and the Under Secretary of Defense for Acquisition,
Technology, and Logistics on logistics and materiel readiness in the
Department of Defense and is the principal logistics official within
the senior management of the Department of Defense.
``(c) The Deputy Under Secretary shall perform such duties relating
to logistics and materiel readiness as the Under Secretary of Defense
for Acquisition, Technology and Logistics may assign, including--
``(1) prescribing, by authority of the Secretary of
Defense, policies and procedures for the conduct of logistics,
maintenance, materiel readiness, and sustainment support in the
Department of Defense;
``(2) advising and assisting the Secretary of Defense, the
Deputy Secretary of Defense, and the Under Secretary of Defense
for Acquisition and Technology, and providing guidance to and
consulting with the Secretaries of the military departments,
with respect to logistics, maintenance, materiel readiness, and
sustainment support in the Department of Defense; and
``(3) monitoring and reviewing all logistics, maintenance,
materiel readiness, and sustainment support programs in the
Department of Defense.''.
(2) Section 5314 of title 5, United States Code, is amended by
inserting after the paragraph relating to the Deputy Under Secretary of
Defense for Acquisition and Technology the following new paragraph:
``Deputy Under Secretary of Defense for Logistics and
Materiel Readiness.''.
(c) Revisions to Law Providing for Deputy Under Secretary for
Acquisition and Technology.--Section 133a(b) of title 10, United States
Code, is amended--
(1) by striking ``his duties'' in the first sentence and
inserting ``the Under Secretary's duties relating to
acquisition and technology''; and
(2) by striking the second sentence.
(d) Conforming Amendments to Chapter 4.-- Chapter 4 of such title
is further amended as follows:
(1) Sections 131(b)(2), 134(c), 137(b), and 139(b) are
amended by striking ``Under Secretary of Defense for
Acquisition and Technology'' each place it appears and
inserting ``Under Secretary of Defense for Acquisition,
Technology, and Logistics''.
(2) The heading of section 133 is amended to read as
follows:
``Sec. 133. Under Secretary of Defense for Acquisition, Technology, and
Logistics''.
(3) The table of sections at the beginning of the chapter
is amended--
(A) by striking the item relating to section 133
and inserting the following:
``133. Under Secretary of Defense for Acquisition, Technology, and
Logistics.'';
and
(B) by inserting after the item relating to section
133a the following new item:
``133b. Deputy Under Secretary of Defense for Logistics and Materiel
Readiness.''.
(e) Additional Conforming Amendments.--Section 5313 of title 5,
United States Code, is amended by striking ``Under Secretary of Defense
for Acquisition and Technology'' and inserting ``Under Secretary of
Defense for Acquisition, Technology, and Logistics''.
SEC. 903. MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUPPORT ACTIVITIES.
(a) Revision to Defense Directive Relating to Management
Headquarters and Headquarters Support Activities.--Not later than
October 1, 2000, the Secretary of Defense shall issue a revision to
Department of Defense Directive 5100.73, entitled ``Department of
Defense Management Headquarters and Headquarters Support Activities'',
so as to incorporate in that directive the following:
(1) A threshold specified by command (or other
organizational element) such that any headquarters activity
below the threshold is not considered for the purpose of the
directive to be a management headquarters or headquarters
support activity.
(2) A definition of the term ``management headquarters and
headquarters support activities'' that (A) is based upon
function (rather than organization), and (B) includes any
activity (other than an operational activity) that reports
directly to such an activity.
(3) Uniform application of those definitions throughout the
Department of Defense.
(b) Technical Amendments to Update Limitation on OSD Personnel.--
Effective October 1, 1999, section 143 of title 10, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``Effective October 1, 1999, the''
and inserting ``The''; and
(B) by striking ``75 percent of the baseline
number'' and inserting ``3,767''.
(2) by striking subsections (b), (c), and (f); and
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively.
SEC. 904. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND SUPPORT
WORKFORCE.
(a) Reduction of Defense Acquisition and Support Workforce.--The
Secretary of Defense shall accomplish reductions in defense acquisition
and support personnel positions during fiscal year 2000 so that the
total number of such personnel as of October 1, 2000, is less than the
total number of such personnel as of October 1, 1999, by at least
25,000.
(b) Defense Acquisition and Support Personnel Defined.--For
purposes of this section, the term ``defense acquisition and support
personnel'' means military and civilian personnel (other than civilian
personnel who are employed at a maintenance depot) who are assigned to,
or employed in, acquisition organizations of the Department of Defense
(as specified in Department of Defense Instruction numbered 5000.58
dated January 14, 1992), and any other organizations which the
Secretary may determine to have a predominantly acquisition mission.
SEC. 905. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.
(a) Findings.--The Congress finds the following:
(1) The strategic relationship between the United States
and the People's Republic of China will be very important for
future peace and security, not only in the Asia-Pacific region
but around the world.
(2) The United States does not view China as an enemy, nor
consider that the coming century necessarily will see a new
great power competition between the two nations.
(3) The end of the cold war has eliminated what had been
the one fundamental common strategic interest of the United
States and China, that of containing the Soviet Union.
(4) The sustained economic rise, stated geopolitical
ambitions, and increasingly confrontational actions of China
cast doubt on whether the United States will be able to form a
satisfactory strategic partnership with the People's Republic
of China and will pose challenges that will require careful
management in order to preserve peace and protect the national
security interests of the United States.
(5) The ability of the Department of Defense, and the
United States Government more generally, to develop sound
security and military strategies is hampered by a limited
understanding of Chinese strategic goals and military
capabilities. The low priority accorded the study of Chinese
strategic and military affairs within the Government and within
the academic community has contributed to this limited
understanding.
(6) There is a need for a United States national institute
for research and assessment of political, strategic, and
military affairs in the People's Republic of China. Such an
institute should be capable of providing analysis for the
purpose of shaping United States military strategy and policy
with regard to China and should be readily accessible to senior
leaders within the Department of Defense, but should maintain
academic and intellectual independence so that that analysis is
not first shaped by policy.
(b) Establishment of Center for the Study of Chinese Military
Affairs.--(1) Chapter 108 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 2166. National Defense University: Center for the Study of
Chinese Military Affairs
``(a) Establishment.--(1) The Secretary of Defense shall establish
a Center for the Study of Chinese Military Affairs (hereinafter in this
section referred to as the `Center') as part of the National Defense
University. The Center shall be organized as an independent institute
under the University.
``(2) The Director of the Center shall be appointed by the
Secretary of Defense. The Secretary shall appoint as the Director an
individual who is a distinguished scholar of proven academic,
management, and leadership credentials with a superior record of
achievement and publication regarding Chinese political, strategic, and
military affairs.
``(b) Mission.--The mission of the Center is to study the national
goals and strategic posture of the People's Republic of China and the
ability of that nation to develop, field, and deploy an effective
military instrument in support of its national strategic objectives.
``(c) Areas of Study.--The Center shall conduct research relating
to the People's Republic of China as follows:
``(1) To assess the potential of that nation to act as a
global great power, the Center shall conduct research that
considers the policies and capabilities of that nation in a
regional and world-wide context, including Central Asia,
Southwest Asia, Europe, and Latin America, as well as the Asia-
Pacific region.
``(2) To provide a fuller assessment of the areas of study
referred to in paragraph (1), the Center shall conduct research
on--
``(A) economic trends relative to strategic goals
and military capabilities;
``(B) strengths and weaknesses in the scientific
and technological sector; and
``(C) relevant demographic and human resource
factors on progress in the military sphere.
``(3) The Center shall conduct research on the armed forces
of the People's Republic of China, taking into account the
character of those armed forces and their role in Chinese
society and economy, the degree of their technological
sophistication, and their organizational and doctrinal
concepts. That research shall include inquiry into the
following matters:
``(A) Concepts concerning national interests,
objectives, and strategic culture.
``(B) Grand strategy, military strategy, military
operations, and tactics.
``(C) Doctrinal concepts at each of the four levels
specified in subparagraph (B).
``(D) The impact of doctrine on China's force
structure choices.
``(E) The interaction of doctrine and force
structure at each level to create an integrated system
of military capabilities through procurement, officer
education, training, and practice and other similar
factors.
``(d) Faculty of the Center.--(1) The core faculty of the Center
should comprise scholars capable of providing diverse perspectives on
Chinese political, strategic, and military thought. Center scholars
shall demonstrate the following competencies and capabilities:
``(A) Analysis of national strategy, military strategy, and
doctrine.
``(B) Analysis of force structure and military
capabilities.
``(C) Analysis of--
``(i) issues relating to weapons of mass
destruction, military intelligence, defense economics,
trade, and international economics; and
``(ii) the relationship between those issues and
grand strategy, science and technology, the sociology
of human resources and demography, and political
science.
``(2) A substantial number of Center scholars shall be competent in
the Chinese language. The Center shall include a core of junior
scholars capable of providing linguistics and translation support to
the Center.
``(e) Activities of the Center.--The activities of the Center shall
include other elements appropriate to its mission, including the
following:
``(1) The Center should include an active conference
program with an international reach.
``(2) The Center should conduct an international
competition for a Visiting Fellowship in Chinese Military
Affairs and Chinese Security Issues. The term of the fellowship
should be for one year, renewable for a second.
``(3) The Center shall provide funds to support at least
one trip per analyst per year to China and the region and to
support visits of Chinese military leaders to the Center.
``(4) The Center shall support well defined, distinguished,
signature publications.
``(5) Center scholars shall have appropriate access to
intelligence community assessments of Chinese military affairs.
``(f) Studies and Reports.--The Director may contract for studies
and reports from the private sector to supplement the work of the
Center.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2166. National Defense University: Center for the Study of Chinese
Military Affairs.''.
(c) Implementation Report.--Not later than January 1, 2000, the
Secretary of Defense shall submit to Congress a report stating the
timetable and organizational plan for establishing the Center for the
Study of Chinese Military Affairs under section 2166 of title 10,
United States Code, as added by subsection (b).
(d) Startup of Center.--The Secretary shall establish the Center
for the Study of Chinese Military Affairs under section 2166 of title
10, United States Code, as added by subsection (b), not later than
March 1, 2000, and shall appoint the first Director of the Center not
later than June 1, 2000.
SEC. 906. RESPONSIBILITY WITHIN OFFICE OF THE SECRETARY OF DEFENSE FOR
MONITORING OPTEMPO AND PERSTEMPO.
Section 136 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) The Under Secretary of Defense for Personnel and Readiness is
responsible, subject to the authority, direction, and control of the
Secretary of Defense, for the monitoring of the operations tempo and
personnel tempo of the armed forces. The Under Secretary shall
establish, to the extent practicable, uniform standards within the
Department of Defense for terminology and policies relating to
deployment of units and personnel away from their assigned duty
stations (including the length of time units or personnel may be away
for such a deployment) and shall establish uniform reporting systems
for tracking deployments.''.
SEC. 907. REPORT ON MILITARY SPACE ISSUES.
(a) Report.--The Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on United States military space
policy. The report shall address current and projected United States
efforts to fully exploit space in preparation for possible conflicts in
2010 and beyond. The report shall specifically address the following:
(1) The general organization of the Department of Defense
for addressing space issues, the functions of the various
Department of Defense and military agencies, components, and
elements with responsibility for military space issues, the
practical effect of creating a new military service with
responsibility for military operations in space, and the
advisability of establishing an Assistant Secretary of Defense
for Space.
(2) The manner in which current national military space
policy is incorporated into overall United States national
space policy.
(3) The manner in which the Department of Defense is
organized to develop doctrine for the military use of space.
(4) The manner in which military space issues are addressed
by professional military education institutions, to include a
listing of specific courses offered at those institutions that
focuses on military space policy.
(5) The manner in which space control issues are
incorporated into current and planned experiments and
exercises.
(6) The manner in which military space assets are being
fully exploited to provide support for United States
contingency operations.
(7) United States policy toward the use of commercial
launch vehicles and facilities for the launch of military
assets.
(8) The current interagency coordination process regarding
the operation of military space assets, including
identification of interoperability and communications issues.
(9) Policies and procedures for sharing missile launch
early warning data with United States allies and friendly
countries.
(10) Issues regarding the capability to detect threats to
United States space assets.
(11) The manner in which the presence of space debris is
expected to affect United States military space launch policy
and the future design of military spacecraft.
(12) Whether military space programs should be funded
separately from other service programs and whether the Global
Positioning System should be funded through a Defense-wide
appropriation account.
(b) Classification and Deadline for Report.--The report required by
subsection (a) shall be prepared in both classified and unclassified
form and shall be submitted not later than March 1, 2000.
SEC. 908. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY MEMBERS OF
DEPARTMENT OF DEFENSE AFRICAN CENTER FOR STRATEGIC
STUDIES.
(a) Faculty.--Subsection (c) of section 1595 of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(6) The African Center for Strategic Studies.''.
(b) Director and Deputy Director.--Subsection (e) of such section
is amended by adding at the end the following new paragraph:
``(4) The African Center for Strategic Studies.''.
SEC. 909. ADDITIONAL MATTERS FOR ANNUAL REPORT ON JOINT WARFIGHTING
EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(5) With respect to interoperability of equipment and
forces, any recommendations that the commander considers
appropriate, developed on the basis of joint warfighting
experimentation, for reducing unnecessary redundancy of
equipment and forces, including guidance regarding the
synchronization of the fielding of advanced technologies among
the armed forces to enable the development and execution of
joint operational concepts.
``(6) Recommendations for mission needs statements and
operational requirements related to the joint experimentation
and evaluation process.
``(7) Recommendations based on the results of joint
experimentation for the relative priorities for acquisition
programs to meet joint requirements.''.
SEC. 910. DEFENSE TECHNOLOGY SECURITY ENHANCEMENT.
(a) Reorganization of Technology Security Functions of Department
of Defense.--The Secretary of Defense shall establish the Technology
Security Directorate of the Defense Threat Reduction Agency as a
separate Defense Agency named the Defense Technology Security Agency.
The Agency shall be under the authority, direction, and control of the
Under Secretary of Defense for Policy.
(b) Director.--The Director of the Defense Technology Security
Agency shall also serve as Deputy Under Secretary of Defense for
Technology Security Policy.
(c) Functions.--The Director shall advise the Secretary of Defense
and the Deputy Secretary of Defense, through the Under Secretary of
Defense for Policy, on policy issues related to the transfer of
strategically sensitive technology, including the following:
(1) Strategic trade.
(2) Defense cooperative programs.
(3) Science and technology agreements and exchanges.
(4) Export of munitions items.
(5) International Memorandums of Understanding.
(6) Industrial base and competitiveness concerns.
(7) Foreign acquisitions.
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. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Committee on Armed Services of the House of Representatives to
accompany its report on the bill H.R. 1401 of the One Hundred Sixth
Congress and transmitted to the President is hereby incorporated into
this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and
requirements as are set out for that program, project, or activity in
the Classified Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY MILITARY PERSONNEL
APPROPRIATIONS.
There is authorized to be appropriated the amount of $1,838,426,000
appropriated to the Department of Defense for military personnel
accounts in section 2012 of the 1999 Emergency Supplemental
Appropriations Act.
SEC. 1004. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE
DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986
(31 U.S.C. 1105 note), is repealed.
SEC. 1005. CONSOLIDATION OF VARIOUS DEPARTMENT OF THE NAVY TRUST AND
GIFT FUNDS.
(a) Consolidation of Naval Academy General Gift Fund and Museum
Fund.--(1) Subsection (a) of section 6973 of title 10, United States
Code, is amended to read as follows:
``(a)(1) The Secretary of the Navy may accept, hold, administer,
and spend gifts and bequests of personal property, and loans of
personal property other than money, made on the condition that the
personal property be used for the benefit of, or in connection with,
the Naval Academy or the Naval Academy Museum, its collection, or its
services.
``(2) Gifts or bequests of money, and the proceeds from the sales
of property received as a gift or bequest, shall be deposited in the
Treasury in the fund called `United States Naval Academy Gift and
Museum Fund'. The Secretary may disburse funds deposited under this
paragraph for the benefit or use of the Naval Academy or the Naval
Academy Museum subject to the terms of the gift or bequest.''.
(2) Subsection (c) of such section is amended by striking ``United
States Naval Academy general gift fund'' both places it appears and
inserting ``United States Naval Academy Gift and Museum Fund''.
(3) Such section is further amended by adding at the end the
following new subsection:
``(d) The Secretary shall develop written guidelines to be used in
determining whether the acceptance of money, personal property, or
loans of personal property under subsection (a) would--
``(1) reflect unfavorably upon the ability of the
Department of the Navy to carry out its responsibilities in a
fair and objective manner;
``(2) reflect unfavorably upon the ability of any employee
of the Department of the Navy to carry out the employee's
official duties in a fair and objective manner; or
``(3) compromise the integrity, or the appearance of the
integrity, of Navy programs or any employee involved in such
programs.''.
(b) Repeal of Naval Academy Museum Fund.--Section 6974 of title 10,
United States Code, is repealed.
(c) Repeal of Naval Historical Center Fund.--Section 7222 of such
title is repealed.
(d) Transfer of Funds.--The Secretary of the Navy shall transfer--
(1) all funds in the United States Naval Academy Museum
Fund as of the date of the enactment of this Act to the United
States Naval Academy Gift and Museum Fund established by
section 6973(a) of title 10, United States Code, as amended by
subsection (a); and
(2) all funds in the Naval Historical Center Fund as of the
date of the enactment of this Act to the Department of the Navy
General Gift Fund established by section 2601(b)(2) of such
title.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 603 of title 10, United States Code, is amended by
striking the item relating to section 6974.
(2) The table of sections at the beginning of chapter 631 of such
title is amended by striking the item relating to section 7222.
SEC. 1006. SUPPLEMENTAL APPROPRIATIONS REQUEST FOR OPERATIONS IN
YUGOSLAVIA.
If the President determines that it is in the national security
interest of the United States to conduct combat or peacekeeping
operations in the Federal Republic of Yugoslavia during fiscal year
2000, the President shall transmit to the Congress a supplemental
appropriations request for the Department of Defense for such amounts
as are necessary for the costs of any such operation.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REVISION TO CONGRESSIONAL NOTICE-AND-WAIT PERIOD REQUIRED
BEFORE TRANSFER OF A VESSEL STRICKEN FROM THE NAVAL
VESSEL REGISTER.
Section 7306(d) of title 10, United States Code, is amended to read
as follows:
``(d) Congressional Notice-and-Wait Period.--(1) A transfer under
this section may not take effect until--
``(A) the Secretary submits to Congress notice of the
proposed transfer; and
``(B) 30 days of session of Congress have expired following
the date on which the notice is sent to Congress.
``(2) For purposes of paragraph (1)(B)--
``(A) the period of a session of Congress is broken only by
an adjournment of Congress sine die at the end of the final
session of a Congress; and
``(B) 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, or because of an adjournment sine die at the end of
the first session of a Congress, shall be excluded in the
computation of such 30-day period.''.
SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER NAVAL VESSEL.
(a) In General.--Subject to subsection (b), the President may
consent to the retransfer by the Government of Greece of HS Rodos (ex-
USS BOWMAN COUNTY (LST 391)) to the USS LST Ship Memorial, Inc., a not-
for-profit organization operating under the laws of the State of
Pennsylvania.
(b) Conditions for Consent.--The President should not exercise the
authority under subsection (a) unless the USS LST Memorial, Inc.
agrees--
(1) to use the vessel for public, nonprofit, museum-related
purposes; and
(2) to comply with applicable law with respect to the
vessel, including those requirements related to facilitating
monitoring by the United States of, and mitigating potential
environmental hazards associated with, aging vessels, and has a
demonstrated financial capability to so comply.
SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE REQUIREMENTS.
(a) Requirement.--Not later than February, 1, 2000, the Secretary
of Defense shall submit to the Committee on Armed Service of the Senate
and the Committee on Armed Services of the House of Representatives a
report on naval vessel force structure requirements.
(b) Matters To Be Included.-- The report shall provide--
(1) a statement of the naval vessel force structure
required to carry out the National Military Strategy, including
that structure required to meet joint and combined warfighting
requirements and missions relating to crisis response, overseas
presence, and support to contingency operations; and
(2) a statement of the naval vessel force structure that is
supported and funded in the President's budget for fiscal year
2001 and in the current future-years defense program.
SEC. 1014. AUXILIARY VESSELS ACQUISITION PROGRAM FOR THE DEPARTMENT OF
DEFENSE.
(a) Program Authorization.--(1) Chapter 631 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 7233. Auxiliary vessels: extended lease authority
``(a) Authorized Contracts.--After September 30, 1999, the
Secretary of the Navy, subject to subsection (b), may enter into
contracts with private United States shipyards for the construction of
new surface vessels to be long-term leased by the United States from
the shipyard or other private person for any of the following:
``(1) The combat logistics force of the Navy.
``(2) The strategic sealift force of the Navy.
``(3) Other auxiliary support vessels for the Department of
Defense.
``(b) Contracts Required To Be Authorized by Law.--A contract may
be entered into under subsection (a) with respect to a specific vessel
only if the Secretary is specifically authorized by law to enter into
such a contract with respect to that vessel.
``(c) Funds for Contract Payments.--The Secretary may make payments
for contracts entered into under subsection (a) and under subsection
(g) using funds available for obligation from operation and maintenance
accounts during the fiscal year for which the payments are required to
be made. Any such contract shall provide that the United States is not
required to make a payment under the contract (other than a termination
payment, if required) before October 1, 2001.
``(d) Term of Contract.--In this section, the term `long-term
lease' means a lease, bareboat charter, or conditional sale agreement
with respect to a vessel the term of which (including any option
period) is for a period of 20 years or more.
``(e) Option To Buy.--A contract entered into under subsection (a)
may include options for the United States to purchase one or more of
the vessels covered by the contract at any time during, or at the end
of, the contract period (including any option period) upon payment of
an amount equal to the lesser of (1) the unamortized portion of the
cost of the vessel plus amounts incurred in connection with the
termination of the financing arrangements associated with the vessel,
or (2) the fair market value of the vessel.
``(f) Domestic Construction.--The Secretary shall require in any
contract entered into under this section that each vessel to which the
contract applies--
``(1) shall have been constructed in a shipyard within the
United States; and
``(2) upon delivery, shall be documented under the laws of
the United States.
``(g) Vessel Operation.--(1) The Secretary shall operate a vessel
held by the Secretary under a long-term lease under this section
through a contract with a United States domiciled corporation with
experience in the operation of vessels for the United States. Any such
contract shall be for a term as determined by the Secretary.
``(2) The Secretary may provide a crew for any such vessel using
civil service mariners only after an evaluation and competition taking
into account--
``(A) the fully burdened cost of a civil service crew over
the expected useful life of the vessel;
``(B) the effect on the private sector manpower pool; and
``(C) the operational requirements of the Department of the
Navy.
``(h) Contingent Waiver of Other Provisions of Law.--A contract
authorized by this section may be entered into without regard to
section 2401 or 2401a of this title if the Secretary of Defense makes
the following findings with respect to that contract:
``(1) The need for the vessels or services to be provided
under the contract is expected to remain substantially
unchanged during the contemplated contract or option period.
``(2) There is a reasonable expectation that throughout the
contemplated contract or option period the Secretary of the
Navy (or, if the contract is for services to be provided to,
and funded by, another military department, the Secretary of
that military department) will request funding for the contract
at the level required to avoid contract cancellation.
``(3) The use of such contract or the exercise of such
option is in the interest of the national defense.
``(i) Source of Funds for Termination Liability.--If a contract
entered into under this section is terminated, the costs of such
termination may be paid from--
``(1) amounts originally made available for performance of
the contract;
``(2) amounts currently available for operation and
maintenance of the type of vessels or services concerned and
not otherwise obligated; or
``(3) funds appropriated for those costs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7233. Auxiliary vessels: extended lease authority.''.
(b) Definition of Department of Defense Sealift Vessel.--Section
2218(k)(2) of title 10, United States Code, is amended--
(1) by striking ``that is--'' in the matter preceding
subparagraph (A) and inserting ``that is any of the
following:'';
(2) by striking ``a'' at the beginning of subparagraphs
(A), (B), and (E) and inserting ``A'';
(3) by striking ``an'' at the beginning of subparagraphs
(C) and (D) and inserting ``An'';
(4) by striking the semicolon at the end of subparagraphs
(A), (B), and (C) and inserting a period;
(5) by striking ``; or'' at the end of subparagraph (D) and
inserting a period; and
(6) by adding at the end the following new subparagraphs:
``(F) A large medium-speed roll-on/roll-off ship.
``(G) A combat logistics force ship.
``(H) Any other auxiliary support vessel.''.
SEC. 1015. AUTHORITY TO PROVIDE ADVANCE PAYMENTS FOR THE NATIONAL
DEFENSE FEATURES PROGRAM.
(a) In General.--Section 2218 of title 10, United States Code, is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k)(1) The Secretary of Defense, after making a determination of
economic soundness for any proposed offer, may provide advance payments
to a contractor by lump sum or annual payments (or a combination
thereof) for the following costs associated with inclusion or
incorporation of defense features in a commercial vessel:
``(A) Costs to build, procure, and install the defense
features in the vessel.
``(B) Costs to periodically maintain and test the defense
features on the vessel.
``(C) Any increased costs of operation or any loss of
revenue attributable to the inclusion or incorporation of the
defense feature on the vessel.
``(D) Any additional costs associated with the terms and
conditions of the contract to install and incorporate defense
features.
``(2) For any contract under which the United States provides
advance payments under paragraph (1) for the costs associated with
incorporation or inclusion of defense features in a commercial vessel,
the contractor shall provide to the United States such security
interests, which may include a preferred mortgage under section 31322
of title 46, on the vessel as the Secretary may prescribe to project
the interests of the United States relating to all costs associated
with incorporation or inclusion of defense features in such vessel or
vessels.
``(3) The functions of the Secretary under this subsection may not
be delegated to an officer or employee in a position below the head of
the procuring activity, as defined in section 2304(f)(6)(A) of this
title.''.
(b) Effective Date.--Subsection (j) of section 2218 of title 10,
United States Code, as added by subsection (a), shall apply to
contracts entered into after September 30, 1999.
Subtitle C--Matters Relating to Counter Drug Activities
SEC. 1021. SUPPORT FOR DETECTION AND MONITORING ACTIVITIES IN THE
EASTERN PACIFIC OCEAN.
(a) Operation Caper Focus.--Of the amount authorized to be
appropriated by section 301(20) for drug interdiction and counter-drug
activities, $6,000,000 shall be available for the purpose of conducting
the counter-drug operation known as Caper Focus, which targets the
maritime movement of cocaine on vessels in the eastern Pacific Ocean.
(b) Funds for Conversion of Wide Aperture Radar Facility to
Operational Status.--Of the amount authorized to be appropriated by
such section, $17,500,000 shall be available for the purpose of--
(1) converting the Over-The-Horizon Radar facility known as
the Wide Aperture Radar Facility in southern California from a
research to operational status; and
(2) using the facility on a full-time basis to detect and
track both air and maritime drug traffic in the eastern Pacific
Ocean and to monitor the international border in the
southwestern United States.
(c) Contribution of Assets.--The Secretary of the Air Force shall
make available for use at the Wide Aperture Radar Facility described in
subsection (b) two OTH-B Continental 100 KW transmitters and necessary
spare parts to ensure the conversion of the facility to operational
status.
(d) Test Against Go-Fast Boats.--As part of the conversion of the
Wide Aperture Radar Facility described in subsection (b) to operational
status, the Secretary of Defense shall evaluate the ability of the
facility to detect and track the high-speed maritime vessels typically
used in the transportation of illegal drugs by water.
(e) Progress Report.--Not later than April 15, 2000, the Secretary
of Defense shall submit a report to Congress evaluating the
effectiveness of the Wide Aperture Radar Facility described in
subsection (b) in counter-drug detection monitoring and border
surveillance.
SEC. 1022. CONDITION ON DEVELOPMENT OF FORWARD OPERATING LOCATIONS FOR
UNITED STATES SOUTHERN COMMAND COUNTER-DRUG DETECTION AND
MONITORING FLIGHTS.
None of the funds appropriated or otherwise made available to the
Department of Defense for any fiscal year may be obligated or expended
for the purpose of improving the physical infrastructure at any
proposed forward operating location outside the United States from
which the United States Southern Command may conduct counter-drug
detection and monitoring flights until a formal agreement regarding the
extent and use of, and host nation support for, the forward operating
location is executed by both the host nation and the United States.
SEC. 1023. UNITED STATES MILITARY ACTIVITIES IN COLOMBIA.
Section 1033(f) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 U.S.C. 1881) is amended--
(1) by redesignating paragraph (4) as paragraph (5) and, in
such paragraph, by striking ``National Security'' and inserting
``Armed Services''; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Not later than January 1 of each year, the Secretary shall
submit to the congressional committees a report detailing the number of
United States military personnel deployed or otherwise assigned to duty
in Colombia at any time during the preceding year, the length and
purpose of the deployment or assignment, and the costs and force
protection risks associated with such deployments and assignments.''.
SEC. 1024. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRATION AND
NATURALIZATION SERVICE AND CUSTOMS SERVICE.
(a) Assignment Authority of Secretary of Defense.--Chapter 18 of
title 10, United States Code, is amended by inserting after section 374
the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may assign
members of the Army, Navy, Air Force, and Marine Corps to assist--
``(1) the Immigration and Naturalization Service in
preventing the entry of terrorists and drug traffickers into
the United States; and
``(2) the United States Customs Service in the inspection
of cargo, vehicles, and aircraft at points of entry into the
United States to prevent the entry of weapons of mass
destruction, components of weapons of mass destruction,
prohibited narcotics or drugs, or other terrorist or drug
trafficking items.
``(b) Request for Assignment.--The assignment of members under
subsection (a) may occur only if--
``(1) the assignment is at the request of the Attorney
General, in the case of an assignment to the Immigration and
Naturalization Service, or the Secretary of the Treasury, in
the case of an assignment to the United States Customs Service;
and
``(2) the request of the Attorney General or the Secretary
of the Treasury (as the case may be) is accompanied by a
certification by the President that the assignment of members
pursuant to the request is necessary to respond to a threat to
national security posed by the entry into the United States of
terrorists or drug traffickers.
``(c) Training Program.--If the assignment of members is requested
under subsection (b), the Attorney General or the Secretary of the
Treasury (as the case may be), together with the Secretary of Defense,
shall establish a training program to ensure that members to be
assigned receive general instruction regarding issues affecting law
enforcement in the border areas in which the members will perform
duties under the assignment. A member may not be deployed at a border
location pursuant to an assignment under subsection (a) until the
member has successfully completed the training program.
``(d) Conditions on Use.--(1) Whenever a member who is assigned
under subsection (a) to assist the Immigration and Naturalization
Service or the United States Customs Service is performing duties at a
border location pursuant to the assignment, a civilian law enforcement
officer from the agency concerned shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly known
as the `Posse Comitatus Act').
``(e) Notification Requirements.--The Attorney General or the
Secretary of the Treasury (as the case may be) shall notify the
Governor of the State in which members are to be deployed pursuant to
an assignment under subsection (a), and local governments in the
deployment area, of the deployment of the members to assist the
Immigration and Naturalization Service or the United States Customs
Service (as the case may be) and the types of tasks to be performed by
the members.
``(f) Reimbursement Requirement.--Section 377 of this title shall
apply in the case of members assigned under subsection (a).
``(g) Termination of Authority.--No assignment may be made or
continued under subsection (a) after September 30, 2002.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
Subtitle D--Other Matters
SEC. 1031. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR
DECLASSIFICATION ACTIVITIES AND LIMITATION ON
EXPENDITURES FOR SUCH ACTIVITIES.
(a) In General.--(1) Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 229. Amounts for declassification of records
``(a) Specific Identification in Budget.--The Secretary of Defense
shall include in the budget justification materials submitted to
Congress in support of the Department of Defense budget for any fiscal
year (as submitted with the budget of the President under section
1105(a) of title 31) specific identification, as a budgetary line item,
of the amounts required to carry out programmed activities during that
fiscal year to declassify records pursuant to Executive Order 12958 (50
U.S.C. 435 note), or any successor Executive order, or to comply with
any statutory requirement to declassify Government records.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``229. Amounts for declassification of records.''.
(b) Limitation on Expenditures.--The total amount expended by the
Department of Defense during fiscal year 2000 to carry out activities
to declassify records pursuant to Executive Order 12958 (50 U.S.C. 435
note), or any successor Executive order, or to comply with any
statutory requirement to declassify Government records may not exceed
$20,000,000.
SEC. 1032. NOTICE TO CONGRESSIONAL COMMITTEES OF COMPROMISE OF
CLASSIFIED INFORMATION WITHIN DEFENSE PROGRAMS OF THE
UNITED STATES.
(a) In General.--The Secretary of Defense shall notify the
committees specified in subsection (c) of any information, regardless
of its origin, that the Secretary receives that indicates that
classified information relating to any defense operation, system, or
technology of the United States is being, or may have been, disclosed
in an unauthorized manner to a foreign power or an agent of a foreign
power.
(b) Manner of Notification.--A notification under subsection (a)
shall be provided, in writing, not later than 30 days after the date of
the initial receipt of such information by the Department of Defense.
(c) Specified Committees.--The committees referred to in subsection
(a) are the Committee on Armed Services of the Senate and the Committee
on Armed Service of the House of Representatives.
(d) Foreign Power.--For purposes of this section, the terms
``foreign power'' and ``agent of a foreign power'' have the meanings
given those terms in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 1033. REVISION TO LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Revised Limitation.--Subsections (a) and (b) of section 1302 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85) are amended to read as follows:
``(a) Funding Limitation.--(1) Except as provided in paragraph (2),
funds available to the Department of Defense may not be obligated or
expended for retiring or dismantling, or for preparing to retire or
dismantle, any of the following strategic nuclear delivery systems
below the specified levels:
``(A) 76 B-52H bomber aircraft.
``(B) 18 Trident ballistic missile submarines.
``(C) 500 Minuteman III intercontinental ballistic
missiles.
``(D) 50 Peacekeeper intercontinental ballistic missiles.
``(2) The limitation in paragraph (1) shall cease to apply upon a
certification by the President to Congress of the following:
``(A) That the effectiveness of the United States strategic
deterrent will not be decreased by reductions in strategic
nuclear delivery systems.
``(B) That the requirements of the Single Integrated
Operational Plan can be met with a reduced number of strategic
nuclear delivery systems.
``(C) That reducing the number of strategic nuclear
delivery systems will not, in the judgment of the President,
provide a disincentive for Russia to ratify the START II treaty
or serve to undermine future arms control negotiations.
``(3) If the Presidents submits the certification described in
paragraph (2), then effective upon the submission of that
certification, funds available to the Department of Defense may not be
obligated or expended to maintain a United States force structure of
strategic nuclear delivery systems with a total capacity in warheads
that is less than 98 percent of the 6,000 warhead limitation applicable
to the United States and in effect under the Strategic Arms Reduction
Treaty.
``(b) Waiver Authority.--If the START II treaty enters into force,
the President may waive the application of the limitation in effect
under paragraph (1) or (3) of subsection (a), as the case may be, to
the extent that the President determines such a waiver to be necessary
in order to implement the treaty.''.
(b) Covered Systems.--(1) Subsection (e) of such section is amended
to read as follows:
``(e) Strategic Nuclear Delivery Systems Defined.--For purposes of
this section, the term `strategic nuclear delivery systems' means the
following:
``(1) B-52H bomber aircraft.
``(2) Trident ballistic missile submarines.
``(3) Minuteman III intercontinental ballistic missiles.
``(4) Peacekeeper intercontinental ballistic missiles.''.
(2) Subsection (c)(2) of such section is amended by striking
``specified in subsection (a)''.
(c) Conforming Amendments.--Such section is further amended--
(1) in subsection (c)(2), by striking ``during the
strategic delivery systems retirement limitation period'' and
inserting ``during the fiscal year during which the START II
Treaty enters into force''; and
(2) by striking subsection (g).
SEC. 1034. ANNUAL REPORT BY CHAIRMAN OF JOINT CHIEFS OF STAFF ON THE
RISKS IN EXECUTING THE MISSIONS CALLED FOR UNDER THE
NATIONAL MILITARY STRATEGY.
Section 153 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Risks Under National Military Strategy.--(1) Not later than
January 1 each year, the Chairman shall submit to the Secretary of
Defense a report providing the Chairman's assessment of the nature and
magnitude of the strategic and military risks associated with executing
the missions called for under the current National Military Strategy.
``(2) The Secretary shall forward the report received under
paragraph (1) in any year, with the Secretary's comments thereon (if
any), to Congress with the Secretary's next transmission to Congress of
the annual Department of Defense budget justification materials in
support of the Department of Defense component of the budget of the
President submitted under section 1105 of title 31 for the next fiscal
year. If the Chairman's assessment in such report in any year is that
risk associated with executing the missions called for under the
National Military Strategy is significant, the Secretary shall include
with the report as submitted to Congress the Secretary's plan for
mitigating that risk.''.
SEC. 1035. REQUIREMENT TO ADDRESS UNIT OPERATIONS TEMPO AND PERSONNEL
TEMPO IN DEPARTMENT OF DEFENSE ANNUAL REPORT.
(a) Reporting Requirements.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 486. Unit operations tempo and personnel tempo: annual report
``(a) Inclusion in Annual Report.--The Secretary of Defense shall
include in the annual report required by section 113(c) of this title a
description of the operations tempo and personnel tempo of the armed
forces.
``(b) Specific Reporting Requirements.--To satisfy subsection (a),
the report shall include the following:
``(1) A description of the methods by which each of the
armed forces measures operations tempo and personnel tempo.
``(2) A description of the personnel tempo policies of each
of the armed forces and any changes to these policies since the
preceding report.
``(3) A table depicting the active duty end strength for
each of the armed forces for each of the preceding five years
and also depicting the number of members of each of the armed
forces deployed over the same period, as determined by the
Secretary concerned.
``(4) An identification of the active and reserve component
units of the armed forces participating at the battalion,
squadron, or an equivalent level (or a higher level) in
contingency operations, major training events, and other
exercises and contingencies of such a scale that the exercises
and contingencies receive an official designation, that were
conducted during the period covered by the report and the
duration of their participation.
``(5) For each of the armed forces, the average number of
days a member of that armed force was deployed away from the
member's home station during the period covered by the report
as compared to recent previous years for which such information
is available.
``(6) For each of the armed forces, the number of days that
high demand, low density units (as defined by the Chairman of
the Joint Chiefs of Staff) were deployed during the period
covered by the report, and whether these units met the force
goals for limiting deployments, as described in the personnel
tempo policies applicable to that armed force.
``(c) Definitions.--In this section:
``(1) The term `operations tempo' means the rate at which
units of the armed forces are involved in all military
activities, including contingency operations, exercises, and
training deployments.
``(2) The term `personnel tempo' means the amount of time
members of the armed forces are engaged in their official
duties, including the rate at which members are required, as a
result of these duties, to spend nights away from home.
``(3) The term `armed forces' does not include the Coast
Guard when it is not operating as a service in the Department
of the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``486. Unit operations tempo and personnel tempo: annual report.''.
SEC. 1036. PRESERVATION OF CERTAIN DEFENSE REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required
to be submitted under any of the following provisions of law:
(1) The following sections of title 10, United States Code:
sections 113, 115a, 116, 139(f), 221, 226, 401(d), 667,
2011(e), 2391(c), 2431(a), 2432, 2457(d), 2537, 2662(b),
2706(b), 2861, 2902(g)(2), 4542(g)(2), 7424(b), 7425(b), 10541,
10542, and 12302(d).
(2) Sections 301a(f) and 1008 of title 37, United States
Code.
(3) Sections 11 and 14 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h-2, 98h-5).
(4) Section 4(a) of Public Law 85-804 (50 U.S.C. 1434(a)).
(5) Section 10(g) of the Military Selective Service Act (50
U.S.C. App. 460(g)).
(6) Section 3134 of the National Defense Authorization Act,
Fiscal Year 1991 (42 U.S.C. 7274c).
(7) Section 822(b) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (42 U.S.C. 6687(b)).
(8) Section 1097 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note).
(9) Sections 208, 901(b)(2), and 1211 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291).
(10) Section 12 of the Act of March 9, 1920 (popularly
known as the ``Suits in Admiralty Act'') (46 App. U.S.C. 752).
SEC. 1037. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 136(a) is amended by inserting ``advice and''
after ``by and with the''.
(2) Section 180(d) is amended by striking ``grade GS-18 of
the General Schedule under section 5332 of title 5'' and
inserting ``Executive Schedule Level IV under section 5376 of
title 5''.
(3) Section 192(d) is amended by striking ``the date of the
enactment of this subsection'' and inserting ``October 17,
1998''.
(4) Section 374(b) is amended--
(A) in paragraph (1), by aligning subparagraphs (C)
and (D) with subparagraphs (A) and (B); and
(B) in paragraph (2)(F), by striking the second
semicolon at the end of clause (i).
(5) Section 664(i)(2)(A) is amended by striking ``the date
of the enactment of this subsection'' and inserting ``February
10, 1996''.
(6) Section 777(d)(1) is amended by striking ``may not
exceed'' and all that follows and inserting ``may not exceed
35.''.
(7) Section 977(d)(2) is amended by striking ``the lesser
of'' and all that follows through ``(B)''.
(8) Section 1073 is amended by inserting ``(42 U.S.C. 14401
et seq.)'' before the period at the end of the second sentence.
(9) Section 1076a(j)(2) is amended by striking ``1 year''
and inserting ``one year''.
(10) Section 1370(d) is amended--
(A) in paragraph (1), by striking ``chapter 1225''
and inserting ``chapter 1223''; and
(B) in paragraph (5), by striking ``the date of the
enactment of this paragraph'' and inserting ``October
17, 1998,''.
(11) Section 1401a(b)(2) is amended--
(A) by striking ``members'' and all that follows
through ``The Secretary shall'' and inserting
``members.--The Secretary shall'';
(B) by striking subparagraphs (B) and (C); and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B) and realigning those
subparagraphs, as so redesignated, so as to be indented
four ems from the left margin.
(12) Section 1406(i)(2) is amended by striking ``on or
after the date of the enactment of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999'' and inserting
``after October 16, 1998''.
(13) Section 1448(b)(3)(E)(ii) is amended by striking ``on
or after the date of the enactment of the subparagraph'' and
inserting ``after October 16, 1998,''.
(14) Section 1501(d) is amended by striking ``prescribed''
in the first sentence and inserting ``described''.
(15) Section 1509(a)(2) is amended by striking ``the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1998'' in subparagraphs (A) and (B) and inserting
``November 18, 1997,''.
(16) Section 1513(1) is amended by striking ``, under the
circumstances specified in the last sentence of section 1509(a)
of this title'' and inserting ``who is required by section
1509(a)(1) of this title to be considered a missing person''.
(17) Section 2208(l)(2)(A) is amended by inserting ``of''
after ``during a period''.
(18) Section 2212(f) is amended--
(A) in paragraphs (2) and (3), by striking ``after
the date of the enactment of this section'' and
inserting ``after October 17, 1998,''; and
(B) in paragraphs (2), (3) and (4), by striking
``as of the date of the enactment of this section'' and
inserting ``as of October 17, 1998''.
(19) Section 2302c(b) is amended by striking ``section
2303'' and inserting ``section 2303(a)''.
(20) Section 2325(a)(1) is amended by inserting ``that
occurs after November 18, 1997,'' after ``of the contractor''
in the matter that precedes subparagraph (A).
(21) Section 2469a(c)(3) is amended by striking ``the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1998'' and inserting ``November 18, 1997''.
(22) Section 2486(c) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1998,'' in the second sentence and inserting
``November 18, 1997,''.
(23) Section 2492(b) is amended by striking ``the date of
the enactment of this section'' and inserting ``October 17,
1998''.
(24) Section 2539b(a) is amended by striking ``secretaries
of the military departments'' and inserting ``Secretaries of
the military departments''.
(25) Section 2641a is amended--
(A) by striking ``, United States Code,'' in
subsection (b)(2); and
(B) by striking subsection (d).
(26) Section 2692(b) is amended--
(A) by striking ``apply to--'' in the matter
preceding paragraph (1) and inserting ``apply to the
following:'';
(B) by striking ``the'' at the beginning of each of
paragraphs (1) through (11) and inserting ``The'';
(C) by striking the semicolon at the end of each of
paragraphs (1) through (9) and inserting a period; and
(D) by striking ``; and'' at the end of paragraph
(10) and inserting a period.
(27) Section 2696 is amended--
(A) in subsection (a), by inserting ``enacted after
December 31, 1997,'' after ``any provision of law'';
(B) in subsection (b)(1), by striking ``required by
paragraph (1)'' and inserting ``referred to in
subsection (a)''; and
(C) in subsection (e)(4), by striking ``the date of
enactment of the National Defense Authorization Act for
Fiscal Year 1998'' and inserting ``November 18, 1997''.
(28) Section 2703(c) is amended by striking ``United States
Code,''.
(29) Section 2837(d)(2)(C) is amended by striking ``the
National Defense Authorization Act for Fiscal Year 1996'' and
inserting ``this section''.
(30) Section 7315(d)(2) is amended by striking ``the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1998'' and inserting ``November 18, 1997,''.
(31) Section 7902(e)(5) is amended by striking ``, United
States Code,''.
(32) The item relating to section 12003 in the table of
sections at the beginning of chapter 1201 is amended by
inserting ``in an'' after ``officers''.
(33) Section 14301(g) is amended by striking ``1 year''
both places it appears and inserting ``one year''.
(34) Section 16131(b)(1) is amended by inserting ``in''
after ``Except as provided''
(b) Public Law 105-261.--Effective as of October 17, 1998, and as
if included therein as enacted, the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1920 et seq.) is amended as follows:
(1) Section 402(b) (112 Stat. 1996) is amended by striking
the third comma in the first quoted matter and inserting a
period.
(2) Section 511(b)(2) (112 Stat. 2007) is amended by
striking ``section 1411'' and inserting ``section 1402''.
(3) Section 513(a) (112 Stat. 2007) is amended by striking
``section 511'' and inserting ``section 512(a)''.
(4) Section 525(b) (112 Stat. 2014) is amended by striking
``subsection (i)'' and inserting ``subsection (j)''.
(5) Section 568 (112 Stat. 2031) is amended by striking
``1295(c)'' in the matter preceding paragraph (1) and inserting
``1295b(c)''.
(6) Section 722(c)(1)(D) (112 Stat. 2067) is amended by
striking ``subsection (c)'' and inserting ``subsection (d)''.
(c) Public Law 105-85.--The National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) is amended as follows:
(1) Section 557(b) (111 Stat. 1750) is amended by inserting
``to'' after ``with respect''.
(2) Section 563(b) (111 Stat. 1754) is amended by striking
``title'' and inserting ``subtitle''.
(3) Section 644(d)(2) (111 Stat. 1801) is amended by
striking ``paragraphs (3) and (4)'' and inserting ``paragraphs
(7) and (8)''.
(4) Section 934(b) (111 Stat. 1866) is amended by striking
``of'' after ``matters concerning''.
(d) Other Laws.--
(1) Effective as of April 1, 1996, section 647(b) of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 370) is amended by inserting ``of such
title'' after ``Section 1968(a)''.
(2) Section 414 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
12001 note) is amended--
(A) by striking ``pilot'' in subsection (a),
``Pilot'' in the heading of subsection (a), and
``pilot'' in the section heading; and
(B) in subsection (c)(1)--
(i) by striking ``2,000'' in the first
sentence and inserting ``5,000''; and
(ii) by striking the second sentence.
(3) Sections 8334(c) and 8422(a)(3) of title 5, United
States Code, are each amended in the item for nuclear materials
couriers--
(A) by striking ``to the day before the date of the
enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999'' and inserting
``to October 16, 1998''; and
(B) by striking ``The date of the enactment of the
Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999'' and inserting ``October 17, 1998''.
(4) Section 113(b)(2) of title 32, United States Code, is
amended by striking ``the date of the enactment of this
subsection'' and inserting ``October 17, 1998''.
(5) Section 1007(b) of title 37, United States Code, is
amended by striking the second sentence.
(6) Section 845(b)(1) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) 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. 1038. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOWMENT FUND OF UNITED
SERVICE ORGANIZATIONS, INCORPORATED.
(a) Grants Authorized.--Subject to subsection (c), the Secretary of
Defense may make grants to the United Service Organizations,
Incorporated, a federally chartered corporation under chapter 2201 of
title 36, United States Code, to contribute funds for the USO's Spirit
of Hope Endowment Fund.
(b) Grant Increments.--The amount of the first grant under
subsection (a) may not exceed $2,000,000. The amount of the second
grant under such subsection may not exceed $3,000,000, and subsequent
grants may not exceed $5,000,000.
(c) Matching Requirement.--Each grant under subsection (a) may not
be made until after the United Service Organizations, Incorporated,
certifies to the Secretary of Defense that sufficient funds have been
raised from non-Federal sources for deposit in the Spirit of Hope
Endowment Fund to match, on a dollar-for-dollar basis, the amount of
that grant.
(d) Funding.--Of the amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities, $25,000,000 shall be available to the Secretary of Defense
for the purpose of making grants under subsection (a).
SEC. 1039. CHEMICAL DEFENSE TRAINING FACILITY.
(a) Authority To Transfer Agents.--(1) The Secretary of Defense may
transfer to the Attorney General quantities of non-stockpile lethal
chemical agents required to support training at the Chemical Defense
Training Facility at the Center for Domestic Preparedness in Fort
McClellan, Alabama. The quantity of non-stockpile lethal chemical
agents that may be 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 non-stockpile lethal chemical
agents that shall be transferred under this section. Such amount shall
be transferred from quantities of non-stockpile lethal chemical agents
that are maintained by the Department of Defense for research,
development, test, and evaluation of chemical defense material and for
live-agent training of chemical defense personnel and other individuals
by the Department of Defense.
(3) The Secretary of Defense may not transfer non-stockpile lethal
chemical agents under this section until--
(A) the Chemical Defense Training Facility referred to in
paragraph (1) is transferred from the Department of Defense to
the Department of Justice; and
(B) the Secretary certifies that the Attorney General is
prepared to receive such agents.
(4) Quantities of non-stockpile 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 and the Administrator of the Environmental Protection
Agency, shall report annually to Congress regarding the disposition of
non-stockpile lethal chemical agents transferred under this section.
(c) Non-Stockpile Lethal Chemical Agents.--In this section, the
term ``non-stockpile lethal chemical agents'' includes those chemicals
in the possession of the Department of Defense that are not part of the
chemical weapons stockpile and that are applied to research, medical,
pharmaceutical, or protective purposes in accordance with Article VI of
the Conventional Weapons Convention Treaty.
SEC. 1040. ASIA-PACIFIC CENTER FOR SECURITY STUDIES.
(a) Waiver of Charges.--(1) The Secretary of Defense may waive
reimbursement of the costs of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-Pacific
Center for military officers and civilian officials of foreign nations
of the Asia-Pacific region if the Secretary determines that attendance
by such persons without reimbursement is in the national security
interest of the United States.
(2) In this section, the term ``Asia-Pacific Center'' means the
Department of Defense organization within the United States Pacific
Command known as the Asia-Pacific Center for Security Studies.
(b) Authority To Accept Foreign Gifts and Donations.--(1) Subject
to paragraph (2), the Secretary of Defense may accept, on behalf of the
Asia-Pacific Center, foreign gifts or donations in order to defray the
costs of, or enhance the operation of, the Asia-Pacific Center.
(2) The Secretary may not accept a gift or donation under paragraph
(1) if the acceptance of the gift or donation would compromise or
appear to compromise--
(A) the ability of the Department of Defense, any employee
of the Department, or members of the Armed Forces to carry out
any responsibility or duty of the Department in a fair and
objective manner; or
(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether the acceptance of a
foreign gift or donation would have a result described in paragraph
(2).
(4) Funds accepted by the Secretary under paragraph (1) shall be
credited to appropriations available to the Department of Defense for
the Asia-Pacific Center. Funds so credited shall be merged with the
appropriations to which credited and shall be available to the Asia-
Pacific Center for the same purposes and same period as the
appropriations with which merged.
(5) If the total amount of funds accepted under paragraph (1) in
any fiscal year exceeds $2,000,000, the Secretary shall notify Congress
of the amount of those donations for that fiscal year. Any such notice
shall list each of the contributors of such amounts and the amount of
each contribution in that fiscal year.
(6) For purposes of this subsection, a foreign gift or donation is
a gift or donation of funds, materials (including research materials),
property, or services (including lecture services and faculty services)
from a foreign government, a foundation or other charitable
organization in a foreign country, or an individual in a foreign
country.
SEC. 1041. REPORT ON EFFECT OF CONTINUED BALKAN OPERATIONS ON ABILITY
OF UNITED STATES TO SUCCESSFULLY MEET OTHER REGIONAL
CONTINGENCIES.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
describing the effect of continued operations by the Armed Forces in
the Balkans region on the ability of the United States, through the
period covered by the current Future-Years Defense Plan of the
Department of Defense, to prosecute to a successful conclusion a major
contingency in the Asia-Pacific region or to prosecute to a successful
conclusion two nearly simultaneous major theater wars, in accordance
with the most recent Quadrennial Defense Review.
(b) Matters To Be Included.--The report under subsection (a) shall
set forth the following:
(1) In light of continued Balkan operations, the
capabilities and limitations of United States combat, combat
support, and combat service support forces (at national,
operational, and tactical levels and operating in a joint and
coalition environment) to expeditiously respond to, prosecute,
and achieve United States strategic objectives in the event
of--
(A) a contingency on the Korean peninsula; or
(B) two nearly simultaneous major theater wars.
(2) The confidence level of the Secretary of Defense in
United States military capabilities to successfully prosecute a
Pacific contingency, and to successfully prosecute two nearly
simultaneous major theater wars, while remaining engaged at
current or greater force levels in the Balkans, together with
the rationale and justification for each such confidence level.
(3) Identification of high-value platforms, systems,
capabilities, and skills that--
(A) during a Pacific contingency, would be stressed
or broken and at what point such stressing or breaking
would occur; and
(B) during two nearly simultaneous major theater
wars, would be stressed or broken and at what point
such stressing or breaking would occur.
(4) During continued military operations in the Balkans,
the effect on the ``operations tempo'', and on the ``personnel
tempo'', of the Armed Forces--
(A) of a Pacific contingency; and
(B) of two nearly simultaneous major theater wars.
(5) During continued military operations in the Balkans,
the required type and quantity of high-value platforms,
systems, capabilities, and skills to prosecute successfully--
(A) a Pacific contingency; and
(B) two nearly simultaneous major theater wars.
(c) Consultation.--In preparing the report under this section, the
Secretary of Defense shall use the resources and expertise of the
unified commands, the military departments, the combat support
agencies, and the defense components of the intelligence community and
shall consult with non-Department elements of the intelligence
community, as required, and other such entities within the Department
of Defense as the Secretary considers necessary.
SEC. 1042. REPORT ON SPACE LAUNCH FAILURES.
(a) Report Required.--The Secretary of Defense shall submit to the
President and the specified congressional committees a report on the
factors involved in the three recent failures of the Titan IV space
launch vehicle and the systemic and management reforms that the
Secretary is implementing to minimize future failures of that vehicle
and future launch systems. The report shall be submitted not later than
February 15, 2000. The Secretary shall include in the report all
information from the reviews of those failures conducted by the
Secretary of the Air Force and launch contractors.
(b) Matters To Be Included.--The report shall include the following
information:
(1) An explanation for the failure of a Titan IVA launch
vehicle on August 12, 1998, the failure of a Titan IVB launch
vehicle on April 9, 1999, and the failure of a Titan IVB launch
vehicle on April 30, 1999, as well as any information from
civilian launches which may provide information on systemic
problems in current Department of Defense launch systems,
including, in addition to a detailed technical explanation and
summary of financial costs for each such failure, a one-page
summary for each such failure indicating any commonality
between that failure and other military or civilian launch
failures.
(2) A review of management and engineering responsibility
for the Titan, Inertial Upper Stage, and Centaur systems, with
an explanation of the respective roles of the Government and
the private sector in ensuring mission success and
identification of the responsible party (Government or private
sector) for each major stage in production and launch of the
vehicles.
(3) A list of all contractors and subcontractors for each
of the Titan, Inertial Upper Stage, and Centaur systems and
their responsibilities and five-year records for meeting
program requirements.
(4) A comparison of the practices of the Department of
Defense, the National Aeronautics and Space Administration, and
the commercial launch industry regarding the management and
oversight of the procurement and launch of expendable launch
vehicles.
(5) An assessment of whether consolidation in the aerospace
industry has affected mission success, including whether cost-
saving efforts are having an effect on quality and whether
experienced workers are being replaced by less experienced
workers for cost-saving purposes.
(6) Recommendations on how Government contracts with launch
service companies could be improved to protect the taxpayer,
together with the Secretary's assessment of whether the
withholding of award and incentive fees is a sufficient
incentive to hold contractors to the highest possible quality
standards and the Secretary's overall evaluation of the award
fee system.
(7) A short summary of what went wrong technically and
managerially in each launch failure and what specific steps are
being taken by the Department of Defense and space launch
contractors to ensure that those errors do not reoccur.
(8) An assessment of the role of the Department of Defense
in the management and technical oversight of the launches that
failed and whether the Department of Defense, in that role,
contributed to the failures.
(9) An assessment of the effect of the launch failures on
the schedule for Titan launches, on the schedule for
development and first launch of the Evolved Expendable Launch
Vehicle, and on the ability of industry to meet Department of
Defense requirements.
(10) An assessment of the impact of the launch failures on
assured access to space by the United States, and a
consideration of means by which access to space by the United
States can be better assured.
(11) An assessment of any systemic problems that may exist
at the eastern launch range, whether these problems contributed
to the launch failures, and what means would be most effective
in addressing these problems.
(12) An assessment of the potential benefits and detriments
of launch insurance and the impact of such insurance on the
estimated net cost of space launches.
(13) A review of the responsibilities of the Department of
Defense and industry representatives in the launch process, an
examination of the incentives of the Department and industry
representatives throughout the launch process, and an
assessment of whether the incentives are appropriate to
maximize the probability that launches will be timely and
successful.
(14) Any other observations and recommendations that the
Secretary considers relevant.
(c) Interim Report.--Not later than December 15, 1999, the
Secretary shall submit to the specified congressional committees an
interim report on the progress in the preparation of the report
required by this section, including progress with respect to each of
the matters required to be included in the report under subsection (b).
(d) Specified Congressional Committees.--For purposes of this
section, the term ``specified congressional committees'' means the
following:
(1) The Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Appropriations of the
Senate.
(2) The Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Appropriations
of the House of Representatives.
SEC. 1043. REPORT ON AIRLIFT REQUIREMENTS TO SUPPORT NATIONAL MILITARY
STRATEGY.
(a) Report Required.--Not later than June 1, 2000, the Secretary of
Defense shall submit to Congress a report, in both classified and
unclassified form, describing the airlift requirements necessary to
execute the full range of missions called for under the National
Military Strategy prescribed by the Chairman of the Joint Chiefs of
Staff under the postures of force engagement anticipated through 2015.
(b) Content of Report.--The report shall address the following:
(1) The identity, size, structure, and capabilities of the
airlift requirements necessary for the full range of shaping,
preparing, and responding missions demanded under the National
Military Strategy.
(2) The required support and infrastructure required to
successfully execute the full range of missions required under
the National Military Strategy, on the deployment schedules
outlined in the plans of the relevant commanders-in-chief from
expected and increasingly dispersed postures of engagement.
(3) The anticipated effect of enemy use of weapons of mass
destruction, other asymmetrical attacks, expected rates of
peacekeeping and other contingency missions, and other similar
factors on the mobility force and its required infrastructure
and on mobility requirements.
(4) The effect on mobility requirements of new service
force structures, such as the Air Force's Air Expeditionary
Force and the Army's Strike Force, and any foreseeable force
structure modifications through 2015.
(5) The need to deploy forces strategically and employ them
tactically using the same airlift platform.
(6) The need for an increased airlift platform capable of
deploying outsize equipment or large volumes of supplies and
equipment.
(7) The anticipated role of host nation, foreign, and
coalition airlift support and requirements through 2015.
(8) Alternatives to the current mobility program or
required modifications to the 1998 Air Mobility Master Plan
update.
SEC. 1044. OPERATIONS OF NAVAL ACADEMY DAIRY FARM.
Section 6976 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after paragraph (b) the following new
subsection:
``(c) Lease Proceeds.--All money received from a lease entered into
under subsection (b) shall be retained by the Superintendent of the
Naval Academy and shall be available to cover expenses related to the
property described in subsection (a), including reimbursing
nonappropriated fund instrumentalities of the Naval Academy.''.
SEC. 1045. INSPECTOR GENERAL INVESTIGATION OF COMPLIANCE WITH BUY
AMERICAN ACT IN PURCHASES OF FREE WEIGHT STRENGTH
TRAINING EQUIPMENT.
(a) Investigation Required.--The Inspector General of the
Department of Defense shall conduct an investigation to determine
whether the purchases described in subsection (b) are being made in
compliance with the Buy American Act (41 U.S.C. 10a et seq.).
(b) Purchases Covered.--The investigation shall cover purchases
made during the three-year period ending on the date of the enactment
of this Act of free weights for use in strength training by members of
the Armed Forces stationed at defense installations located in the
United States (including its territories and possessions).
(c) Report.--The Inspector General shall prepare a report for the
Secretary of Defense on the investigation. Not later than six months
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress such report, together with such additional
comments and recommendations as the Secretary considers appropriate.
(d) Definition.--For purposes of this section, the term ``free
weights'' means dumbbells or solid metallic disks balanced on
crossbars, designed to be lifted for strength training or athletic
competition.
SEC. 1046. PERFORMANCE OF THREAT AND RISK ASSESSMENTS.
Section 1404 of the Defense Against Weapons of Mass Destruction Act
of 1999 (title XIV of Public Law 105-261; 50 U.S.C. 2301 note) is
amended to read as follows:
``SEC. 1404. THREAT AND RISK ASSESSMENTS.
``(a) Threat and Risk Assessments.--(1) Assistance to Federal,
State, and local agencies provided under the program under section 1402
shall include the performance of assessments of the threat and risk of
terrorist employment of weapons of mass destruction against cities and
other local areas. Such assessments shall be used by Federal, State,
and local agencies to determine the training and equipment requirements
under this program and shall be performed as a collaborative effort
with State and local agencies.
``(2) The Department of Justice, as lead Federal agency for crisis
management in response to terrorism involving weapons of mass
destruction, shall conduct any threat and risk assessment performed
under paragraph (1) in coordination with appropriate Federal, State,
and local agencies, and shall develop procedures and guidance for
conduct of the threat and risk assessment in consultation with
officials from the intelligence community.
``(b) Pilot Test.--(1) Before prescribing final procedures and
guidance for the performance of threat and risk assessments under this
section, the Attorney General shall conduct a pilot test of any
proposed method or model by which such assessments are to be performed.
The Attorney General shall conduct the pilot test in coordination with
appropriate Federal, State, and local agencies.
``(2) The pilot test shall be performed in cities or local areas
selected by the Attorney General in consultation with appropriate
Federal, State, and local agencies.
``(3) The pilot test shall be completed not later than one month
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2000.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. INCREASE OF PAY CAP FOR NONAPPROPRIATED FUND SENIOR
EXECUTIVE EMPLOYEES.
Section 5373 of title 5, United States Code, is amended--
(1) in the first sentence, by striking ``Except as
provided'' and inserting ``(a) Except as provided in subsection
(b) and''; and
(2) by adding at the end the following new subsection:
``(b) Subsection (a) shall not affect the authority of the
Secretary of Defense or the Secretary of a military department to fix
the pay of a civilian employee paid from nonappropriated funds, except
that the annual rate of basic pay (including any portion of such pay
attributable to comparability with private-sector pay in a locality) of
such an employee may not be fixed at a rate greater than the rate for
level III of the Executive Schedule.''.
SEC. 1102. RESTORATION OF LEAVE FOR CERTAIN DEPARTMENT OF DEFENSE
EMPLOYEES WHO DEPLOY TO A COMBAT ZONE OUTSIDE THE UNITED
STATES.
Section 6304(d) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) For purposes of this subsection, the deployment of an
emergency essential employee of the Department of Defense to a combat
zone outside the United States shall be deemed an exigency of the
public business, and any leave that is lost by an employee as a result
of such deployment (regardless of whether such leave was scheduled)
shall be--
``(i) restored to the employee; and
``(ii) credited and available in accordance with paragraph
(2).
``(B) For purposes of this paragraph, the term `Department of
Defense emergency essential employee'--
``(i) means a civilian employee of the Department of
Defense, including a nonappropriated fund instrumentality
employee (as defined by section 1587(a)(1) of title 10) whose
assigned duties and responsibilities would be necessary during
a period that follows the evacuation of nonessential personnel
during a declared emergency or the outbreak of combat
operations or war; and
``(ii) includes an employee who is hired on a temporary or
permanent basis.''.
SEC. 1103. EXPANSION OF GUARD-AND-RESERVE PURPOSES FOR WHICH LEAVE
UNDER SECTION 6323 OF TITLE 5, UNITED STATES CODE, MAY BE
USED.
(a) In General.--Section 6323 of title 5, United States Code, is
amended in the first sentence by inserting ``, inactive-duty training
(as defined in section 101 of title 37),'' after ``active duty''.
(b) Applicability.--The amendment made by subsection (a) shall not
apply with respect to any inactive-duty training (as defined in such
amendment) occurring before the date of the enactment of this Act.
SEC 1104. TEMPORARY AUTHORITY TO PROVIDE EARLY RETIREMENT AND
SEPARATION INCENTIVES FOR CERTAIN CIVILIAN EMPLOYEES.
(a) Early Retirement Incentive.--(1) An employee of the Department
of Defense is entitled to an annuity under chapter 83 or 84 of title 5,
United States Code, as applicable, if the employee--
(A) has been employed continuously by the Department of
Defense for more than 30 days before the date that the
Secretary of Defense made the determination under subparagraph
(D);
(B) is serving under an appointment that is not time-
limited;
(C) is not in receipt of a decision notice of involuntary
separation for misconduct or unacceptable performance;
(D) is separated voluntarily;
(E) has completed 25 years of service or is at least 50
years of age and has completed 20 years of service; and
(F) retires under this subsection before October 1, 2000.
(2) As used in this subsection, the terms ``employee'' and
``annuity'' shall have the same meaning as the meaning of those terms
as used in chapters 83 and 84 of title 5, United States Code, as
applicable.
(b) Voluntary Separation Incentive.--(1) The Secretary of Defense
may, to restructure the workforce to meet mission needs, correct skill
imbalances, or reduce high-grade, managerial, or supervisory positions,
offer separation pay to an employee under this subsection subject to
such limitations or conditions as the Secretary may require. Such
separation pay--
(A) shall be paid, at the option of the employee, in a lump
sum or equal installment payments;
(B) shall be equal to the lesser of--
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code, if the employee were
entitled to payment under such section; or
(ii) $25,000;
(C) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(D) shall not be taken into account for purposes of
determining the amount of any severance pay to which an
individual may be entitled under section 5595 of title 5,
United States Code, based on any other separation; and
(E) shall terminate, upon reemployment in the Federal
Government, during receipt of installment payments.
(2) For purposes of this subsection, the term ``employee'' means an
employee serving under an appointment without time limitation, who has
been currently employed for a continuous period of at least 12 months,
except that such term does not include--
(A) a reemployed annuitant under subchapter III of
chapter 83, chapter 84, or another retirement system
for employees of the Government; or
(B) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under any of the retirement
systems referred to in subparagraph (A).
(c) Additional Contributions to Retirement Fund.--(1) In addition
to any other payments which it is required to make under subchapter III
of chapter 83 of title 5, United States Code, the Department of Defense
shall remit to the Office of Personnel Management for deposit in the
Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 26 percent of the
final basic pay of each employee of the Department of Defense who is
covered under subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, to whom a voluntary separation incentive has been
paid under this section.
(2) For purposes of this subsection, the term ``final basic pay'',
with respect to an employee, means the total amount of basic pay which
would be payable for a year of service by such employee, computed using
the employee's final rate of basic pay, with appropriate adjustments if
the employee last served on other than a full-time basis.
(d) Applicability.--The provisions in this section shall only apply
with respect to a civilian employee of the Department of Defense who--
(1) is employed at the military base designated by the
Secretary of Defense under subsection (e), or who is identified
by the Secretary as part of a competitive area of the civilian
personnel service population of such military base, during the
period beginning on October 1, 1999, and ending on October 1,
2000;
(2) is one of 300 employees designated by the Secretary of
the military department with jurisdiction over the designated
base; and
(3) elects to receive an annuity or separation incentive
pursuant to such provisions during such period.
(e) Designation of Military Base.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense shall
designate a military base to which the provisions of this section shall
apply. The base designated by the Secretary shall--
(1) be a base that is undergoing a major workforce
restructuring to meet mission needs, correct skill imbalances,
or reduce high-grade, managerial, supervisory, or similar
positions; and
(2) employ the largest number of scientists and engineers
of any other base of the military department that has
jurisdiction over the base.
SEC. 1105. EXTENSION OF AUTHORITY TO CONTINUE HEALTH INSURANCE COVERAGE
FOR CERTAIN DEPARTMENT OF DEFENSE EMPLOYEES.
(a) Extension of Authority.--Clauses (i) and (ii) of section
8905a(d)(4)(B) of title 5, United States Code, are amended to read as
follows:
``(i) October 1, 2003; or
``(ii) February 1, 2004, if specific notice of such
separation was given to such individual before October 1,
2003.''.
(b) Offset.--Of the amount authorized to be appropriated in section
301(5) for Defense-wide activities--
(1) $9,100,000 shall be available to continue health
insurance coverage pursuant to the authority provided in
section 8905a(d)(4)(B) of title 5, United States Code (as
amended by subsection (a)); and
(2) the amount available for the Defense Contract Audit
Agency shall be reduced by $9,100,000.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. REPORT ON STRATEGIC STABILITY UNDER START III.
(a) Report.--Not later than September 1, 2000, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Service of the House of Representatives a
report, to be prepared by the Defense Science Board in consultation
with the Director of Central Intelligence, on the strategic stability
of the future nuclear balance between (1) the United States, and (2)
Russia and other potential nuclear adversaries.
(b) Matters To Be Included.--The Secretary shall include in the
report the following:
(1) The policy guidance defining the military-political
objectives of the United States against potential nuclear
adversaries under various nuclear conflict scenarios.
(2) The target sets and damage goals of the United States
against potential nuclear adversaries under various nuclear
conflict scenarios and how those target sets and damage goals
relate to the achievement of the military-political objectives
identified under paragraph (1).
(3) The strategic nuclear force posture of the United
States and of Russia that may emerge under a further Strategic
Arms Reduction Treaty (referred to as ``START III'') and how
capable the United States forces envisioned under that posture
would be for the achievement of the damage goals and the
military objectives against potential nuclear adversaries
referred to in paragraphs (1) and (2).
(4) The Secretary's assessment of (A) whether Russian
strategic forces under a START III treaty would, or would not,
likely be smaller, more vulnerable, and less capable of launch-
on-tactical-warning than at present, and (B) in light of such
assessment, whether incentives for Russia to carry out a first
strike against the United States during a future crisis
probably would, or would not, be greater than at present under
a START III treaty.
(5) The Secretary's assessment of (A) whether China and so-
called nuclear rogue states probably will, or will not, remain
incapable in the foreseeable future of carrying out a launch-
on-tactical-warning and be more vulnerable to United States
conventional or nuclear attack than at present, and (B) in
light of such assessment, whether incentives for China and
nuclear rogue states to carry out a first strike against the
United States during a future crisis probably would, or would
not, be greater than at present.
(6) The Secretary's assessment of whether asymmetries
between the United States and Russia that are favorable to
Russia in active and passive defenses may be a significant
strategic advantage to Russia under a START III treaty.
(7) The Secretary's assessment of whether asymmetries
between the United States and Russia that are highly favorable
to Russia in tactical nuclear weapons might erode strategic
stability.
(8) The Secretary's assessment of whether a combination of
Russia and China against the United States in a nuclear
conflict could erode strategic stability under a START III
treaty.
(9) The Secretary's assessment of whether doctrinal
asymmetries between the United States and Russia, such as the
expansion by Russia of the warfighting role of nuclear weapons
while the United States is de-emphasizing the utility and
purpose of nuclear weapons, could erode strategic stability.
(c) Classification.--The report shall be submitted in classified
form and, to the extent possible, in unclassified form.
SEC. 1202. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR
SUPPORT OF UNITED NATIONS WEAPONS INSPECTION REGIME IN
IRAQ.
Effective October 1, 1999, section 1505(f) of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a(f)) is amended by
striking ``1999'' and inserting ``2000''.
SEC. 1203. LIMITATION ON MILITARY-TO-MILITARY EXCHANGES WITH CHINA'S
PEOPLE'S LIBERATION ARMY.
(a) Limitation.--The Secretary of Defense may not authorize any
military-to-military exchange or contact described in subsection (b) to
be conducted by the Armed Forces with representatives of the People's
Liberation Army of the People's Republic of China.
(b) Covered Exchanges and Contacts.--Subsection (a) applies to any
military-to-military exchange or contact that includes any of the
following:
(1) Force projection operations.
(2) Nuclear operations.
(3) Field operations.
(4) Logistics.
(5) Chemical and biological defense and other capabilities
related to weapons of mass destruction.
(6) Surveillance, and reconnaissance operations.
(7) Joint warfighting experiments and other activities
related to warfare.
(8) Military space operations.
(9) Other warfighting capabilities of the Armed Forces.
(10) Arms sales or military-related technology transfers.
(11) Release of classified or restricted information.
(12) Access to a Department of Defense laboratory.
(c) Exceptions.--Subsection (a) does not apply to any search and
rescue exercise or any humanitarian exercise.
(d) Certification by Secretary.--The Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Service of the House of Representatives, not later
than December 31 of each year, a certification in writing as to whether
or not any military-to-miltary exchange or contact during that calandar
year was conducted in violation of subsection (a).
(e) Annual Report.--Not later than June 1 each year, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Service of the House of
Representatives a report providing the Secretary's assessment of the
current state of military-to-military contacts with the People's
Liberation Army. The report shall include the following:
(1) A summary of all such military-to-military contacts
during the period since the last such report, including a
summary of topics discussed and questions asked by the Chinese
participants in those contacts.
(2) A description of the military-to-military contacts
scheduled for the next 12-month period and a five-year plan for
those contacts.
(3) The Secretary's assessment of the benefits the Chinese
expect to gain from those military-to-military contacts.
(4) The Secretary's assessment of the benefits the
Department of Defense expects to gain from those military-to-
military contacts.
(5) The Secretary's assessment of how military-to-military
contacts with the People's Liberation Army fit into the larger
security relationship between United States and the People's
Republic of China.
SEC. 1204. REPORT ON ALLIED CAPABILITIES TO CONTRIBUTE TO MAJOR THEATER
WARS.
(a) Report.--The Secretary of Defense shall prepare a report, in
both classified and unclassified form, on the current military
capabilities of allied nations to contribute to the successful conduct
of the major theater wars as anticipated in the Quadrennial Defense
Review of 1997.
(b) Matters To Be Included.--The report shall set forth the
following:
(1) The identity, size, structure, and capabilities of the
armed forces of the allies expected to participate in the major
theater wars anticipated in the Quadrennial Defense Review.
(2) The priority accorded in the national military
strategies and defense programs of the anticipated allies to
contributing forces to United States-led coalitions in such
major theater wars.
(3) The missions currently being conducted by the armed
forces of the anticipated allies and the ability of the allied
armed forces to conduct simultaneously their current missions
and those anticipated in the event of major theater war.
(4) Any Department of Defense assumptions about the ability
of allied armed forces to deploy or redeploy from their current
missions in the event of a major theater war, including any
role United States Armed Forces would play in assisting and
sustaining such a deployment or redeployment.
(5) Any Department of Defense assumptions about the combat
missions to be executed by such allied forces in the event of
major theater war.
(6) The readiness of allied armed forces to execute any
such missions.
(7) Any risks to the successful execution of the military
missions called for under the National Military Strategy of the
United States related to the capabilities of allied armed
forces.
(c) Submission of Report.--The report shall be submitted to
Congress not later than June 1, 2000.
SEC. 1205. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING OPERATIONS FOR
FISCAL YEAR 2000.
(a) Limitation.--(1) Of the amounts authorized to be appropriated
by section 301(24) of this Act for the Overseas Contingency Operations
Transfer Fund, no more than $1,824,400,000 may be obligated for
incremental costs of the Armed Forces for Bosnia peacekeeping
operations.
(2) The President may waive the limitation in paragraph (1) after
submitting to Congress the following:
(A) The President's written certification that the waiver
is necessary in the national security interests of the United
States.
(B) The President's written certification that exercising
the waiver will not adversely affect the readiness of United
States military forces.
(C) A report setting forth the following:
(i) The reasons that the waiver is necessary in the
national security interests of the United States.
(ii) The specific reasons that additional funding
is required for the continued presence of United States
military forces participating in, or supporting, Bosnia
peacekeeping operations for fiscal year 2000.
(iii) A discussion of the impact on the military
readiness of United States Armed Forces of the
continuing deployment of United States military forces
participating in, or supporting, Bosnia peacekeeping
operations.
(D) A supplemental appropriations request for the
Department of Defense for such amounts as are necessary for the
additional fiscal year 2000 costs associated with United States
military forces participating in, or supporting, Bosnia
peacekeeping operations.
(b) Bosnia Peacekeeping Operations Defined.--For the purposes of
this section, the term ``Bosnia peacekeeping operations'' has the
meaning given such term in section 1204(e) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2112).
SEC. 1206. LIMITATION ON DEPLOYMENT OF UNITED STATES ARMED FORCES IN
HAITI.
(a) Limitation on Deployment.--Except as provided in subsection
(b), no funds available to the Department of Defense may be expended
for the deployment of United States Armed Forces in Haiti.
(b) Exceptions.--Subsection (a) does not apply to the deployment of
United States Armed Forces in Haiti for any of the following purposes:
(1) Deployment pursuant to Operation Uphold Democracy until
December 31, 1999.
(2) Deployment for periodic, noncontinuous theater
engagement activities on or after January 1, 2000.
(3) Deployment for a limited, customary presence necessary
to ensure the security of United States diplomatic facilities
in Haiti and to carry out defense liaison activities under the
auspices of the United States embassy.
(c) Report Requirement.--Whenever there is a deployment of United
States Armed Forces described in subsection (b)(2), the President
shall, not later than 48 hours after the deployment, transmit a written
report regarding the deployment to the Committee on Armed Services and
the Committee on International Relations of the House of
Representatives and the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
(d) Rule of Construction.--Nothing in this section shall be
construed to restrict in any way the authority of the President in
emergency circumstances to protect the lives of United States citizens
or to protect United States facilities or property in Haiti.
SEC. 1207. GOALS FOR THE CONFLICT WITH THE FEDERAL REPUBLIC OF
YUGOSLAVIA.
(a) Finding.--Article I, section 8 of the United States
Constitution provides that: ``The Congress shall have Power To . . .
provide for the common Defence . . . To declare War. . . To raise and
support Armies . . . To provide and maintain a Navy . . . To make Rules
for the Government and Regulation of the land and naval Forces . . .''.
(b) Goals for the Conflict With Yugoslavia.--Congress declares the
following to be the goals of the United States for the conflict with
the Federal Republic of Yugoslavia:
(1) Cessation by the Federal Republic of Yugoslavia of all
military action against the people of Kosovo and termination of
the violence and repression against the people of Kosovo.
(2) Withdrawal of all military, police, and paramilitary
forces of the Federal Republic of Yugoslavia from Kosovo.
(3) Agreement by the Government of the Federal Republic of
Yugoslavia to the stationing of an international military
presence in Kosovo to ensure the peace.
(4) Agreement by the Government of the Federal Republic of
Yugoslavia to the unconditional and safe return to Kosovo of
all refugees and displaced persons.
(5) Agreement by the Government of the Federal Republic of
Yugoslavia to allow humanitarian aid organizations to have
unhindered access to these refugees and displaced persons.
(6) Agreement by the Government of the Federal Republic of
Yugoslavia to work for the establishment of a political
framework agreement for Kosovo which is in conformity with
international law.
(7) President Slobodan Milosevic will be held accountable
for his actions while President of the Federal Republic of
Yugoslavia in initiating four armed conflicts and taking
actions leading to the deaths of tens of thousands of people
and responsibility for murder, rape, terrorism, destruction,
and ethnic cleansing.
(8) Bringing to justice through the International Criminal
Tribunal of Yugoslavia individuals in the Federal Republic of
Yugoslavia who are guilty of war crimes in Kosovo.
SEC. 1208. REPORT ON THE SECURITY SITUATION ON THE KOREAN PENINSULA.
(a) Report.--Not later than February 1, 2000, the Secretary of
Defense shall submit to the appropriate congressional committees a
report on the security situation on the Korean peninsula. The report
shall be submitted in both classified and unclassified form.
(b) Matters To Be Included.--The Secretary shall include in the
report under subsection (a) the following:
(1) A net assessment analysis of the warfighting
capabilities of the Combined Forces Command (CFC) of the United
States and the Republic of Korea compared with the armed forces
of North Korea.
(2) An assessment of challenges posed by the armed forces
of North Korea to the defense of the Republic of Korea and to
United States forces deployed to the region.
(3) An assessment of the current status and the future
direction of weapons of mass destruction programs and ballistic
missile programs of North Korea, including a determination as
to whether or not North Korea--
(A) is continuing to pursue a nuclear weapons
program;
(B) is seeking equipment and technology with which
to enrich uranium; and
(C) is pursuing an offensive biological weapons
program.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Armed Services of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1209. ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Annual Report.--The Secretary of Defense shall prepare an
annual report, in both classified and unclassified form, on the current
and future military strategy and capabilities of the People's Republic
of China. The report shall address the current and probable future
course of military-technological development in the People's Liberation
Army and the tenets and probable development of Chinese grand strategy,
security strategy, and military strategy, and of military organizations
and operational concepts, through 2020.
(b) Matters To Be Included.--The report shall include analyses and
forecasts of the following:
(1) The goals of Chinese grand strategy, security strategy,
and military strategy.
(2) Trends in Chinese political grand strategy meant to
establish the People's Republic of China as the leading
political power in the Asia-Pacific region and as a political
and military presence in other regions of the world.
(3) The size, location, and capabilities of Chinese
strategic, land, sea, and air forces.
(4) Developments in Chinese military doctrine, focusing on
(but not limited to) efforts to exploit a transformation in
military affairs or to conduct preemptive strikes.
(5) Efforts, including technology transfers and espionage,
by the People's Republic of China to develop, acquire, or gain
access to information, communication, space, and other advanced
technologies that would enhance military capabilities.
(c) Submission of Report.--The report under this section shall be
submitted to Congress not later than March 15 each year.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2000 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2000 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301, and any other funds
appropriated after the date of the enactment of this Act, for
Cooperative Threat Reduction programs shall be available for obligation
for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $444,100,000 authorized
to be appropriated to the Department of Defense for fiscal year 2000 in
section 301(23) for Cooperative Threat Reduction programs, not more
than the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$177,300,000.
(2) For strategic nuclear arms elimination in Ukraine,
$43,000,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For security enhancements at chemical weapons storage
sites in Russia, $24,600,000.
(5) For weapons transportation security in Russia,
$15,200,000.
(6) For planning, design, and construction of a storage
facility for Russian fissile material, $60,900,000.
(7) For weapons storage security in Russia, $90,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $20,000,000.
(9) For biological weapons proliferation prevention
activities in Russia, $2,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $1,800,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2000 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2000 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2000 or any
subsequent fiscal year for a purpose listed in any of the paragraphs in
subsection (a) in excess of the amount specifically authorized for such
purpose. However, the total amount obligated for Cooperative Threat
Reduction programs for such fiscal year may not, by reason of the use
of the authority provided in the preceding sentence, exceed the total
amount authorized for such programs for such fiscal year.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in any of
paragraphs (3) through (10) of subsection (a) in excess of 115 percent
of the amount specifically authorized for such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 2000 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat Reduction
programs after the date of the enactment of this Act, may be obligated
or expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise or
other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job retraining.
(b) Limitation With Respect to Defense Conversion Assistance.--None
of the funds appropriated pursuant to this Act, and no funds
appropriated to the Department of Defense in any other Act enacted
after the date of the enactment of this Act, may be obligated or
expended for the provision of assistance to Russia or any other state
of the former Soviet Union to promote defense conversion.
(c) Limitation With Respect to Conventional Weapons.--No fiscal
year 2000 Cooperative Threat Reduction funds, and no funds appropriated
for Cooperative Threat Reduction programs after the date of the
enactment of this Act, may be obligated or expended for elimination of
conventional weapons or the delivery vehicles of such weapons.
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
FACILITY.
(a) Limitations on Use of Fiscal Year 2000 Funds.--No fiscal year
2000 Cooperative Threat Reduction funds may be used--
(1) for construction of a second wing for the storage
facility for Russian fissile material referred to in section
1302(6); or
(2) for design or planning with respect to such facility
until 15 days after the date that the Secretary of Defense
submits to Congress notification that Russia and the United
States have signed a written transparency agreement that
provides that the United States may verify that material stored
at the facility is of weapons origin.
(b) Limitation on Construction.--No funds appropriated for
Cooperative Threat Reduction programs may be used for construction of
the storage facility referred to in subsection (a) until the Secretary
of Defense submits to Congress the following:
(1) A certification that additional capacity is necessary
at such facility for storage of Russian weapons-origin fissile
material.
(2) A detailed cost estimate for a second wing for the
facility.
SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION.
No fiscal year 2000 Cooperative Threat Reduction funds, and no
funds appropriated for Cooperative Threat Reduction programs after the
date of the enactment of this Act, may be obligated or expended for
planning, design, or construction of a chemical weapons destruction
facility in Russia.
SEC. 1306. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS
PROLIFERATION PREVENTION ACTIVITIES.
No fiscal year 2000 Cooperative Threat Reduction funds may be
obligated or expended for biological weapons proliferation prevention
activities in Russia until the Secretary of Defense submits to the
congressional defense committees the reports described in sections 1305
and 1308 of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2164, 2166).
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORT AND
MULTIYEAR PLAN.
No fiscal year 2000 Cooperative Threat Reduction funds may be
obligated or expended until the Secretary of Defense submits to
Congress--
(1) a report describing--
(A) with respect to each purpose listed in section
1302, whether the Department of Defense is the
appropriate executive agency to carry out Cooperative
Threat Reduction programs for such purpose, and if so,
why; and
(B) for any purpose that the Secretary determines
is not appropriately carried out by the Department of
Defense, a plan for migrating responsibility for
carrying out such purpose to the appropriate agency;
and
(2) an updated version of the multiyear plan for fiscal
year 2000 required to be submitted under section 1205 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2883).
SEC. 1308. REQUIREMENT TO SUBMIT REPORT.
Not later than December 31, 1999, the Secretary of Defense shall
submit to Congress a report including--
(1) an explanation of the strategy of the Department of
Defense for encouraging states of the former Soviet Union that
receive funds through Cooperative Threat Reduction programs to
contribute financially to the threat reduction effort;
(2) a prioritization of the projects carried out by the
Department of Defense under Cooperative Threat Reduction
programs; and
(3) an identification of any limitations that the United
States has imposed or will seek to impose, either unilaterally
or through negotiations with recipient states, on the level of
assistance provided by the United States for each of such
projects.
SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.
Not later than December 31, 1999, the President shall submit to
Congress a report on the Expanded Threat Reduction Initiative. Such
report shall include a description of the plans for ensuring effective
coordination between executive agencies in carrying out the Expanded
Threat Reduction Initiative to minimize duplication of efforts.
TITLE XIV--PROLIFERATION AND EXPORT CONTROL MATTERS
SEC. 1401. REPORT ON COMPLIANCE BY THE PEOPLE'S REPUBLIC OF CHINA AND
OTHER COUNTRIES WITH THE MISSILE TECHNOLOGY CONTROL
REGIME.
(a) Report Required.--Not later than October 31, 1999, the
President shall transmit to Congress a report on the compliance, or
lack of compliance (both as to acquiring and transferring missile
technology), by the People's Republic of China, with the Missile
Technology Control Regime, and on any actual or suspected transfer by
Russia or any other country of missile technology to the People's
Republic of China in violation of the Missile Technology Control
Regime. The report shall include a list specifying each actual or
suspected violation of the Missile Technology Control Regime by the
People's Republic of China, Russia, or other country and, for each such
violation, a description of the remedial action (if any) taken by the
United States or any other country.
(b) Matters To Be Included.--The report under subsection (a) shall
also include information concerning--
(1) actual or suspected use by the People's Republic of
China of United States missile technology;
(2) actual or suspected missile proliferation activities by
the People's Republic of China;
(3) actual or suspected transfer of missile technology by
Russia or other countries to the People's Republic of China:
and
(4) United States actions to enforce the Missile Technology
Control Regime with respect to the People's Republic of China,
including actions to prevent the transfer of missile technology
from Russia and other countries to the People's Republic of
China.
SEC. 1402. ANNUAL REPORT ON TECHNOLOGY TRANSFERS TO THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Annual Report.--The President shall transmit to Congress an
annual report on transfers to the People's Republic of China by the
United States and other countries of technology with potential military
applications, during the 1-year period preceding the transmittal of the
report.
(b) Initial Report.--The initial report under this section shall be
transmitted not later than October 31, 1999.
SEC. 1403. REPORT ON IMPLEMENTATION OF TRANSFER OF SATELLITE EXPORT
CONTROL AUTHORITY.
Not later than August 31, 1999, the President shall transmit to
Congress a report on the implementation of subsection (a) of section
1513 of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2174; 22 U.S.C. 2778
note), transferring satellites and related items from the Commerce
Control List of dual-use items to the United States Munitions List. The
report shall update the information provided in the report under
subsection (d) of that section.
SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT LICENSING.
(a) Security at Foreign Launches.--As a condition of the export
license for any satellite to be launched outside the jurisdiction of
the United States, the Secretary of State shall require the following:
(1) That the technology transfer control plan required by
section 1514(a)(1) 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) be prepared by the Department
of Defense, and agreed to by the licensee, and that the plan
set forth the security arrangements for the launch of the
satellite, both before and during launch operations, and
include enhanced security measures if the launch site is within
the jurisdiction of the People's Republic of China or any other
country that is subject to section 1514 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999.
(2) That each person providing security for the launch of
that satellite--
(A) be employed by, or under a contract with, the
Department of Defense;
(B) have received appropriate training in the
regulations prescribed by the Secretary of State known
as the International Trafficking in Arms Regulations
(hereafter in this section referred to as ``ITAR'');
(C) have significant experience and expertise with
satellite launches; and
(D) have been investigated in a manner at least as
comprehensive as the investigation required for the
issuance of a security clearance at the level
designated as ``Secret''.
(3) That the number of such persons providing security for
the launch of the satellite shall be sufficient to maintain 24-
hour security of the satellite and related launch vehicle and
other sensitive technology.
(4) That the licensee agree to reimburse the Department of
Defense for all costs associated with the provision of security
for the launch of the satellite.
(b) Defense Department Monitors.--The Secretary of Defense shall--
(1) ensure that persons assigned as space launch campaign
monitors are provided sufficient training and have adequate
experience in the ITAR and have significant experience and
expertise with satellite technology, launch vehicle technology,
and launch operations technology;
(2) ensure that adequate numbers of such monitors are
assigned to space launch campaigns so that 24-hour, 7-day per
week coverage is provided;
(3) take steps to ensure, to the maximum extent possible,
the continuity of service by monitors for the entire space
launch campaign period (from satellite marketing to launch and,
if necessary, completion of a launch failure analysis); and
(4) adopt measures designed to make service as a space
launch campaign monitor an attractive career opportunity.
SEC. 1405. REPORTING OF TECHNOLOGY PASSED TO PEOPLE'S REPUBLIC OF CHINA
AND OF FOREIGN LAUNCH SECURITY VIOLATIONS.
(a) Monitoring of Information.--The Secretary of Defense shall
require that space launch monitors of the Department of Defense
assigned to monitor launches in the People's Republic of China maintain
records of all information authorized to be transmitted to the People's
Republic of China, including copies of any documents authorized for
such transmission, and reports on launch-related activities.
(b) Transmission to Other Agencies.--The Secretary of Defense shall
ensure that records under subsection (a) are transmitted on a current
basis to appropriate elements of the Department of Defense and to the
Department of State, the Department of Commerce, and the Central
Intelligence Agency.
(c) Retention of Records.--Records described in subsection (a)
shall be retained for at least the period of the statute of limitations
for violations of the Arms Export Control Act.
(d) Guidelines.--The Secretary of Defense shall prescribe
guidelines providing space launch monitors of the Department of Defense
with the responsibility and the ability to report serious security
violations, problems, or other issues at an overseas launch site
directly to the headquarters office of the responsible Department of
Defense component.
SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING HIGH-
PERFORMANCE COMPUTERS TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) Review.--The Secretary of Energy, the Secretary of Defense, and
the Secretary of State, in consultation with other appropriate
departments and agencies, shall conduct a comprehensive review of the
national security implications of exporting high-performance computers
to the People's Republic of China. As part of the review, the Secretary
shall conduct empirical testing of the extent to which national
security-related operations can be performed using clustered,
massively-parallel processing or other combinations of computers.
(b) Report.--The Secretary of Energy shall submit to Congress a
report on the results of the review under subsection (a). The report
shall be submitted not later than six months after the date of the
enactment of this Act and shall be updated not later than the end of
each subsequent 1-year period.
SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF CHINA
OF HIGH-PERFORMANCE COMPUTERS.
(a) Revised HPC Verification System.--The President shall seek to
enter into an agreement with the People's Republic of China to revise
the existing verification system with the People's Republic of China
with respect to end-use verification for high-performance computers
exported or to be exported to the People's Republic of China so as to
provide for an open and transparent system providing for effective end-
use verification for such computers and, at a minimum, providing for
on-site inspection of the end-use and end-user of such computers,
without notice, by United States nationals designated by the United
States Government. The President shall transmit a copy of the agreement
to Congress.
(b) Definition.--As used in this section and section 1406, the term
``high performance computer'' means a computer which, by virtue of its
composite theoretical performance level, would be subject to section
1211 of the National Defense Authorization Act for Fiscal Year 1998 (50
U.S.C. App. 2404 note).
(c) Adjustment of Composite Theoretical Performance Levels for
Post-shipment Verification.--Section 1213 of the National Defense
Authorization Act for Fiscal Year 1998 is amended by adding at the end
the following:
``(e) Adjustment of Performance Levels.--Whenever a new composite
theoretical performance level is established under section 1211(d),
that level shall apply for purposes of subsection (a) of this section
in lieu of the level set forth in that subsection.''.
SEC. 1408. PROCEDURES FOR REVIEW OF EXPORT OF CONTROLLED TECHNOLOGIES
AND ITEMS.
(a) Recommendations for Prioritization of National Security
Concerns.--The President shall submit to Congress the President's
recommendations for the establishment of a mechanism to identify, on a
continuing basis, those controlled technologies and items the export of
which is of greatest national security concern relative to other
controlled technologies and items.
(b) Recommendations for Executive Department Approvals for Exports
of Greatest National Security Concern.--With respect to controlled
technologies and items identified under subsection (a), the President
shall submit to Congress the President's recommendations for the
establishment of a mechanism to identify procedures for export of such
technologies and items so as to provide--
(1) that the period for review by an executive department
or agency of a license application for any such export shall be
extended to a period longer than that otherwise required when
such longer period is considered necessary by the head of that
department or agency for national security purposes; and
(2) that a license for such an export may be approved only
with the agreement of each executive department or agency that
reviewed the application for the license, subject to appeal
procedures to be established by the President.
(c) Recommendations for Streamlined Licensing Procedures for Other
Exports.--With respect to controlled technologies and items other than
those identified under subsection (a), the President shall submit to
Congress the President's recommendations for modifications to licensing
procedures for export of such technologies and items so as to
streamline the licensing process and provide greater transparency,
predictability, and certainty.
SEC. 1409. NOTICE OF FOREIGN ACQUISITION OF UNITED STATES FIRMS IN
NATIONAL SECURITY INDUSTRIES.
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C.
2170(b)) is amended--
(1) by inserting ``(1)'' before ``The President'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
``(2) Whenever a person engaged in interstate commerce in the
United States is the subject of a merger, acquisition, or takeover
described in paragraph (1), that person shall promptly notify the
President, or the President's designee, of such planned merger,
acquisition, or takeover. Whenever any executive department or agency
becomes aware of any such planned merger, acquisition, or takeover, the
head of that department or agency shall promptly notify the President,
or the President's designee, of such planned merger, acquisition, or
takeover.''.
SEC. 1410. FIVE-AGENCY INSPECTORS GENERAL EXAMINATION OF
COUNTERMEASURES AGAINST ACQUISITION BY THE PEOPLE'S
REPUBLIC OF CHINA OF MILITARILY SENSITIVE TECHNOLOGY.
Not later than January 1, 2000, the Inspectors General of the
Departments of State, Defense, the Treasury, and Commerce and the
Inspector General of the Central Intelligence Agency shall submit to
Congress a report on the adequacy of current export controls and
counterintelligence measures to protect against the acquisition by the
People's Republic of China of militarily sensitive United States
technology. Such report shall include a description of measures taken
to address any deficiencies found in such export controls and
counterintelligence measures.
SEC. 1411. OFFICE OF TECHNOLOGY SECURITY IN DEPARTMENT OF DEFENSE.
(a) Enhanced Multilateral Export Controls.--
(1) New international controls.--The President shall work
(in the context of the scheduled 1999 review of the Wassenaar
Arrangement and otherwise) to establish new binding
international controls on technology transfers that threaten
international peace and United States national security.
(2) Improved sharing of information.--The President shall
take appropriate actions (in the context of the scheduled 1999
review of the Wassenaar Arrangement and otherwise) to improve
the sharing of information by nations that are major exporters
of technology so that the United States can track movements of
technology and enforce technology controls and re-export
requirements.
(b) Office of Technology Security.--(1) There is hereby established
in the Department of Defense an Office of Technology Security. The
Office shall support United States Government efforts to--
(1) establish new binding international controls on
technology transfers that threaten international peace and
United States national security; and
(2) improve the sharing of information by nations that are
major exporters of technology so that the United States can
track movements of technology and enforce technology controls
and re-export requirements.
SEC. 1412. ANNUAL AUDIT OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF
ENERGY POLICIES WITH RESPECT TO TECHNOLOGY TRANSFERS TO
THE PEOPLE'S REPUBLIC OF CHINA.
(a) Annual Audit.--The Inspectors General of the Department of
Defense and the Department of Energy, in consultation with the Director
of Central Intelligence and the Director of the Federal Bureau of
Investigation, shall each conduct an annual audit of the policies and
procedures of the Department of Defense and the Department of Energy,
respectively, with respect to the export of technologies and the
transfer of scientific and technical information, to the People's
Republic of China in order to assess the extent to which the Department
of Defense or the Department of Energy, as the case may be, is carrying
out its activities to ensure that any technology transfer, including a
transfer of scientific or technical information, will not measurably
improve the weapons systems or space launch capabilities of the
People's Republic of China.
(b) Report to Congress.--The Inspectors General of the Department
of Defense and the Department of Energy shall each submit to Congress a
report each year describing the results of the annual audit under
subsection (a).
SEC. 1413. RESOURCES FOR EXPORT LICENSE FUNCTIONS.
(a) Office of Defense Trade Controls.--
(1) In general.--The Secretary of State shall take the
necessary steps to ensure that, in any fiscal year, adequate
resources are allocated to the functions of the Office of
Defense Trade Controls of the Department of State relating to
the review and processing of export license applications so as
to ensure that those functions are performed in a thorough and
timely manner.
(2) Availability of existing appropriations.--The Secretary
of State shall take the necessary steps to ensure that those
funds made available under the heading ``Administration of
Foreign Affairs, Diplomatic and Consular Programs'' in title IV
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999, as
contained in the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277) are
made available, upon the enactment of this Act, to the Office
of Defense Trade Controls of the Department of State to carry
out the purposes of the Office.
(b) Defense Threat Reduction Agency.--The Secretary of Defense
shall take the necessary steps to ensure that, in any fiscal year,
adequate resources are allocated to the functions of the Defense Threat
Reduction Agency of the Department of Defense relating to the review of
export license applications so as to ensure that those functions are
performed in a thorough and timely manner.
SEC. 1414. NATIONAL SECURITY ASSESSMENT OF EXPORT LICENSES.
(a) Report to Congress.--The Secretary of Defense, in consultation
with the Joint Chiefs of Staff, shall provide to Congress a report
assessing the cumulative impact of individual licenses granted by the
United States for exports, goods, or technology to countries of
concern.
(b) Contents of Report.--Each report under subsection (a) shall
include an assessment of--
(1) the cumulative impact of exports of technology on
improving the military capabilities of countries of concern;
(2) the impact of exports of technology which would be
harmful to United States military capabilities, as well as
countermeasures necessary to overcome the use of such
technology; and
(3) those technologies, systems, and components which have
applications to conventional military and strategic
capabilities.
(c) Timing of Reports.--The first report under subsection (a) shall
be submitted to Congress not later than 1 year after the date of the
enactment of this Act, and shall assess the cumulative impact of
exports to countries of concern in the previous 5-year period.
Subsequent reports under subsection (a) shall be submitted to Congress
at the end of each 1-year period after the submission of the first
report. Each such subsequent report shall include an assessment of the
cumulative impact of technology exports based on analyses contained in
previous reports under this section.
(d) Support of Other Federal Agencies.--The Secretary of Commerce,
the Secretary of State, and the heads of other departments and agencies
shall make available to the Secretary of Defense information necessary
to carry out this section, including information on export licensing.
(e) Definition.--As used in this section, the term ``country of
concern'' means--
(1) a country the government of which the Secretary of
State has determined, for purposes of section 6(j) of the
Export Administration Act of 1979 or other applicable law, to
have repeatedly provided support for acts of international
terrorism; and
(2) a country on the list of covered countries under
section 1211(b) of the National Defense Authorization Act for
Fiscal Year 1998 (50 U.S.C. App. 2404 note).
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
------------------------------------------------------------------------
Alabama...................... Redstone Arsenal......... $9,800,000
Alaska....................... Fort Richardson.......... $14,600,000
Fort Wainwright.......... $32,500,000
California................... Fort Irwin............... $32,400,000
Presidio of Monterey..... $7,100,000
Colorado..................... Fort Carson.............. $4,400,000
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............. $71,700,000
Hawaii....................... Schofield Barracks....... $95,000,000
Kansas....................... Fort Leavenworth......... $34,100,000
Fort Riley............... $3,900,000
Kentucky..................... Blue Grass Army Depot.... $6,000,000
Fort Campbell............ $39,900,000
Fort Knox................ $1,300,000
Louisiana.................... Fort Polk................ $6,700,000
Maryland..................... Fort Meade............... $22,450,000
Massachusetts................ Westover Air Reserve Base $4,000,000
Missouri..................... Fort Leonard Wood........ $27,100,000
New York..................... Fort Drum................ $23,000,000
North Carolina............... Fort Bragg............... $125,400,000
Sunny Point Military $3,800,000
Ocean Terminal..........
Oklahoma..................... Fort Sill................ $33,200,000
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............... $52,350,000
Fort Hood................ $84,500,000
Virginia..................... Fort Belvoir............. $3,850,000
Fort Eustis.............. $43,800,000
Fort Myer................ $2,900,000
Fort Story............... $8,000,000
Washington................... Fort Lewis............... $23,400,000
CONUS Various................ CONUS Various............ $36,400,000
---------------
Total................ $967,550,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany...................... Ansbach.................. $21,000,000
Bamberg.................. $23,200,000
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 installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Humphreys........... 60 Units..................... $24,000,000
Virginia.............................. Fort Lee................. 97 Units..................... $16,500,000
---------------
Total.................... $40,500,000
----------------------------------------------------------------------------------------------------------------
(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 carryout 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
sections 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $35,400,000.
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 $2,384,417,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $879,550,000.
(2) For the 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, $87,205,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design and improvement of military family housing and
facilities, $80,200,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,089,812,000.
(6) For the construction of the United States Disciplinary
Barracks, Fort Leavenworth, Kansas, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat.
1967), $18,800,000.
(7) For the construction of the force XXI soldier
development center, Fort Hood, Texas, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat.
1966), $14,000,000.
(8) For the construction of the railhead facility, Fort
Hood, Texas, authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division B
of Public Law 105-261; 112 Stat. 2182), $14,800,000.
(9) For the construction of the cadet development center,
United States Military Academy, West Point, New York,
authorized in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2182), $28,500,000.
(10) For the construction of the whole barracks complex
renewal, Fort Campbell, Kentucky, authorized in section 2101(a)
of the Military Construction Authorization Act for Fiscal year
1999 (division B of Public Law 105-261; 112 Stat. 2182),
$32,000,000.
(11) For the construction of the multi-purpose digital
training range, Fort Knox, Kentucky, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat.
2182), $16,000,000.
(12) For the construction of the power plant, Roi Namur
Island, Kwajalein Atoll, Kwajalein, authorized in section
2101(b) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 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 under
paragraphs (1) and (2) of subsection (a);
(2) $46,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks
complex renewal at Schofield Barracks, Hawaii);
(3) $22,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks
complex renewal at Fort Bragg, North Carolina);
(4) $10,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of tank trail erosion
mitigation at the Yakima Training Center, Fort Lewis,
Washington); and
(5) $10,100,000 (the balance of the amount authorized under
section 2101(a) for the construction of a tactical equipment
shop at Fort Sill, Oklahoma).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (12) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs reduced by
$7,750,000, which represents the combination of project savings in
military construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $24,220,000
Yuma. $7,560,000
Navy Detachment, Camp
Navajo.
California................... Marine Corps Air-Ground $34,760,000
Combat Center,
Twentynine Palms........
Marine Corps Base, Camp $38,460,000
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, North $54,420,000
Island.
Naval Air Warfare Center, $4,000,000
China Lake.
Naval Air Warfare Center, $7,070,000
Corona.
Naval Air Warfare Center, $6,190,000
Point Magu.
Naval Hospital, San Diego $21,590,000
Naval Hospital, $7,640,000
Twentynine Palms.
Naval Postgraduate School $5,100,000
Florida...................... Naval Air Station, $5,350,000
Whiting Field, Milton...
Naval Station, Mayport... $9,560,000
Georgia...................... Marine Corps Logistics $6,260,000
Base, Albany.
Hawaii....................... Marine Corps Air Station, $5,790,000
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.
Indiana...................... Naval Surface Warfare $7,270,000
Center, Crone...........
Maine........................ Naval Air Station, $16,890,000
Brunswick.
Maryland..................... Naval Air Warfare Center, $4,560,000
Patuxent River..........
Naval Surface Warfare $10,070,000
Center, Indian Head.....
Mississippi.................. Naval Air Station, $7,280,000
Meridian................
Naval Construction $19,170,000
Battalion Center
Gulfport................
Nevada....................... Naval Air Station, Fallon $7,000,000
New Jersey................... Naval Air Warfare Center $15,710,000
Aircraft Division,
Lakehurst...............
North Carolina............... Marine Corps Air Station, $5,470,000
New River. $21,380,000
Marine Corps Base, Camp
Lejeune.
Pennsylvania................. Navy Ships Parts Control $2,990,000
Center, Mechanicsburg...
Norfolk Naval Shipyard $13,320,000
Detachment, Philadelphia.
South Carolina............... Naval Weapons Station, $7,640,000
Charleston. $18,290,000
Marine Corps Air Station,
Beaufort.
Texas........................ Naval Station, Ingleside. $11,780,000
Virginia..................... Marine Corps Combat $20,820,000
Development Command,
Quantico................
Naval Air Station, Oceana $11,490,000
Naval Shipyard, Norfolk.. $17,630,000
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
Naval Undersea Warfare $6,700,000
Center, Keyport.........
Puget Sound Naval $15,610,000
Shipyard, Bremerton.....
Strategic Weapons $6,300,000
Facility Pacific,
Bremerton...............
---------------
Total................ $751,570,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Bahrain...................... Administrative Support $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
----------------------------------------------------------------------------------------------------------------
Hawaii.................................. Marine Corps Air Station, 100 Units.................. $26,615,000
Kaneohe Bay...............
Naval Base Pearl Harbor.... 133 Units.................. $30,168,000
Naval Base Pearl Harbor.... 96 Units................... $19,167,000
-------------
Total.................. $75,950,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriation 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 $162,350,000.
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 $2,084,107,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $737,910,000.
(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, $70,010,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design and improvement of military family housing and
facilities, $256,015,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $895,070,000.
(6) For the construction of berthing wharf, 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. 2189),
$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 under
paragraphs (1) and (2) of subsection (a); and
(2) $13,660,000 (the balance of the amount authorized under
section 2201(a) for the construction of a berthing wharf at
Naval Air Station, North Island, California).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (6) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs reduced by
$19,300,000, which represents the combination of project savings in
military construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.
SEC. 2205. AUTHORIZATION TO ACCEPT ELECTRICAL SUBSTATION IMPROVEMENTS,
GUAM.
The Secretary of the Navy may accept from the Guam Power Authority
various improvements to electrical transformers at the Agana and Harmon
Substations in Guam, which are valued at approximately $610,000 and are
to be performed in accordance with plans and specifications acceptable
to the Secretary.
SEC. 2206. CORRECTION IN AUTHORIZED USE OF FUNDS, MARINE CORPS COMBAT
DEVELOPMENT COMMAND, QUANTICO, VIRGINIA.
The Secretary of the Navy may carry out a military construction
project involving infrastructure development at the Marine Corps Combat
Development Command, Quantico, Virginia, in the amount of $8,900,000,
using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2769) for a military construction project involving a
sanitary landfill at that installation, as authorized by section
2201(a) of that Act (110 Stat. 2767).
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base... $10,600,000
Alaska....................... Eielson Air Force Base... $24,100,000
Elmendorf Air Force Base. $32,800,000
Arizona...................... Davis-Monthan Air Force $7,800,000
Base.
Arkansas..................... Little Rock Air Force $7,800,000
Base.
California................... Beale Air Force Base..... $8,900,000
Edwards Air Force Base... $5,500,000
Travis Air Force Base.... $11,200,000
Colorado..................... Peterson Air Force Base.. $40,000,000
Schriever Air Force Base. $16,100,000
U.S. Air Force Academy... $17,500,000
CONUS Classified............. Classified Location...... $16,870,000
Florida...................... Eglin Air Force Base..... $18,300,000
Eglin Auxiliary Field 9.. $18,800,000
MacDill Air Force Base... $5,500,000
Patrick Air Force Base... $17,800,000
Tyndall Air Force Base... $10,800,000
Georgia...................... Fort Benning............. $3,900,000
Moody Air Force Base..... $5,950,000
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 Base. $9,600,000
Kentucky..................... Fort Campbell............ $6,300,000
Mississippi.................. Columbus Air Force Base.. $5,100,000
Keesler Air Force Base... $27,000,000
Missouri..................... Whiteman Air Force Base.. $24,900,000
Nebraska..................... Offutt Air Force Base.... $8,300,000
Nevada....................... Nellis Air Force Base.... $18,600,000
New Jersey................... McGuire Air Force Base... $11,800,000
New York..................... Rome Research Site....... $3,002,000
New Mexico................... Kirtland Air Force Base.. $14,000,000
North Carolina............... Fort Bragg............... $4,600,000
Pope Air Force Base...... $7,700,000
North Dakota................. Minot Air Force Base..... $3,000,000
Ohio......................... Wright-Patterson Air $35,100,000
Force Base.
Oklahoma..................... Tinker Air Force Base.... $23,800,000
Vance Air Force Base..... $12,600,000
South Carolina............... Charleston Air Force Base $18,200,000
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
Randolph Air Force Base.. $3,600,000
Utah......................... Hill Air Force Base...... $4,600,000
Virginia..................... Langley Air Force Base... $6,300,000
Washington................... Fairchild Air Force Base. $15,550,000
McChord Air Force Base... $7,900,000
---------------
Total................ $635,272,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
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 Feltwell. $3,000,000
Royal Air Force $18,200,000
Lakenheath. $17,600,000
Royal Air Force $1,700,000
Mildenhall.
Royal Air Force
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 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
Kansas................................ McConnell Air Force Base. Safety Improvements.......... $1,363,000
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
New Mexico............................ Hollomon Air Force Base.. 76 Units..................... $9,800,000
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.................... $197,411,000
----------------------------------------------------------------------------------------------------------------
(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 $17,093,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, Unites 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
$124,492,000.
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
$1,874,053,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $605,272,000.
(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, $32,104,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design and improvement of military family housing and
facilities, $338,996,000.
(B) For support of military family housing
(including 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 the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs reduced by
$9,602,000, which represents the combination of project savings in
military construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.
SEC. 2305. PLAN FOR COMPLETION OF PROJECT TO CONSOLIDATE AIR FORCE
RESEARCH LABORATORY, ROME RESEARCH SITE, NEW YORK.
(a) Plan Required.--Not later than January 1, 2000, the Secretary
of the Air Force shall submit to Congress a plan for the completion of
multi-phase efforts to consolidate research and technology development
activities conducted at the Air Force Research Laboratory located at
the Rome Research Site at former Griffiss Air Force Base in Rome, New
York. The plan shall include details on how the Air Force will complete
the multi-phase construction and renovation of the consolidated
building 2/3 complex at the Rome Research Site, by January 1, 2005,
including the cost of the project and options for financing it.
(b) Relation to State Contributions.--Nothing in this section shall
be construed to limit or expand the authority of the Secretary of a
military department to accept funds from a State for the purpose of
consolidating military functions within a military installation.
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
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Chemical Demilitarization.... Blue Grass Army Depot, $206,800,000
Kentucky.
Defense Education Activity... Laurel Bay, South $2,874,000
Carolina................
Marine Corps Base, Camp $10,570,000
LeJeune, North Carolina.
Defense Logistics Agency..... Defense Distribution New $5,000,000
Cumberland,Pennsylvania.
Elmendorf Air Force Base, $23,500,000
Alaska..................
Eielson Air Force Base, $26,000,000
Alaska.
Fairchild Air Force Base, $12,400,000
Washington.
Various Locations........ $1,300,000
Defense Manpower Data Center. Presidio, Monterey, $28,000,000
California..............
National Security Agency..... Fort Meade, Maryland..... $2,946,000
Special Operations Command... Fleet Combat Training $4,700,000
Center, Dam Neck,
Virginia................
Fort Benning, Georgia.... $10,200,000
Fort Bragg, North $20,100,000
Carolina.
Mississippi Army $9,600,000
Ammunition Plant,
Mississippi.............
Naval Amphibious Base, $6,000,000
Coronado, California....
TRICARE Management Agency.... Andrews Air Force Base, $3,000,000
Maryland................
Cheatham Annex, Virginia. $1,650,000
Davis-Monthan Air Force $10,000,000
Base, Arizona...........
Fort Lewis, Washington... $5,500,000
Fort Riley, Kansas....... $6,000,000
Fort Sam Houston, Texas.. $5,800,000
Fort Wainwright, Alaska.. $133,000,000
Los Angeles Air Force $13,600,000
Base, California........
Marine Corps Air Station, $3,500,000
Cherry Point, North
Carolina................
Moody Air Force Base, $1,250,000
Georgia.
Naval Air Station, $3,780,000
Jacksonville, Florida...
Naval Air Station, $4,050,000
Norfolk, Virginia.
Naval Air Station, $4,150,000
Patuxent River, Maryland
Naval Air Station, $4,300,000
Pensacola, Florida.
Naval Air Station, $4,700,000
Whidbey Island,
Washington..............
Patrick Air Force Base, $1,750,000
Florida.
Travis Air Force Base, $7,500,000
California.
Wright-Patterson Air $3,900,000
Force Base, Ohio........
---------------
Total................ $587,420,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Drug Interdiction and Counter- Manta, Ecuador........... $25,000,000
Drug Activities.............
Curacao, Netherlands $11,100,000
Antilles................
Defense Education Activity... Andersen Air Force Base, $44,170,000
Guam....................
Naval Station Rota, Spain $17,020,000
Royal Air Force, $4,570,000
Feltwell, United Kingdom
Royal Air Force, $3,770,000
Lakenheath, United
Kingdom.................
Defense Logistics Agency..... Andersen Air Force Base, $24,300,000
Guam.
Moron Air Base, Spain.... $15,200,000
National Security Agency..... Royal Air Force, Menwith $500,000
Hill Station, United
Kingdom.................
Tri-Care Management Agency... Naval Security Group $4,000,000
Activity, Sabana Seca,
Puerto Rico.............
Ramstein Air Force Base, $7,100,000
Germany.
Royal Air Force, $7,100,000
Lakenheath, United
Kingdom.................
Yongsan, Korea........... $41,120,000
---------------
Total................ $204,950,000
------------------------------------------------------------------------
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 appropriation 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 HOUSING IMPROVEMENT PROGRAM.
Of the amount authorized to be appropriated by section
2405(a)(8)(C), $78,756,000 shall be available for credit to the
Department of Defense Family Housing 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 $6,558,000.
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 $1,618,965,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $288,420,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $204,950,000.
(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, $49,024,000.
(6) For Energy Conservation projects authorized by section
2404 of this Act, $6,558,000.
(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), $705,911,000.
(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
of this Act, $78,756,000.
(9) For the construction of the Ammunition Demilitarization
Facility, Anniston Army Depot, Alabama, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat.
1758), section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1992 and 1993 (division B of
Public Law 102-190; 105 Stat. 1508), section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2586); and section
2401 of the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103-337, 108 Stat. 3040),
$7,000,000.
(10) For the construction of the Ammunition
Demilitarization Facility, Pine Bluff Arsenal, Arkansas,
authorized in section 2401 of 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
National Defense 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 in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of the
Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 539), section 2408
of the Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105-85; 111 Stat. 1982); and
section 2406 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat.
2197), $35,900,000.
(12) For the construction of the Ammunition
Demilitarization Facility, Aberdeen Proving Ground, Maryland,
authorized in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $66,600,000.
(13) For the construction of the Ammunition
Demilitarization Facility at Newport Army Depot, Indiana,
authorized in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $61,200,000.
(14) For the construction of the Ammunition
Demilitarization Facility, Pueblo Army Depot, Colorado,
authorized in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of
this Act, $11,800,000.
(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 under
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 a replacement
hospital at Fort Wainwright, Alaska); and
(3) $184,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of a chemical
demilitarization facility at Blue Grass Army Depot, Kentucky).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (14) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs reduced by
$20,000,000, which represents the combination of project savings in
military construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.
SEC. 2406. INCREASE IN FISCAL YEAR 1997 AUTHORIZATION FOR MILITARY
CONSTRUCTION PROJECTS AT PUEBLO CHEMICAL ACTIVITY,
COLORADO.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2775), is amended--
(1) in the item relating to Pueblo Chemical Activity,
Colorado, under the agency heading relating to Chemical
Demilitarization Program by striking ``$179,000,000'' in the
amount column and inserting ``$203,500,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$549,954,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of that Act (110
Stat. 2779) is amended by striking ``$179,000,000'' and inserting
``$203,500,000''.
SEC. 2407. CONDITION ON OBLIGATION OF MILITARY CONSTRUCTION FUNDS FOR
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.
In addition to the conditions specified in section 1022 on the
development of forward operating locations for United States Southern
Command counter-drug detection and monitoring flights, amounts
appropriated pursuant to the authorization of appropriations in section
2405(a)(2) for the projects set forth in the table in section 2401(b)
under the heading ``Drug Interdiction and Counter-Drug Activities'' may
not be obligated until after the end of the 30-day period beginning on
the date on which the Secretary of Defense submits to Congress a report
describing in detail the purposes for which the amounts will be
obligated and expended.
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 $191,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 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, $123,878,000; and
(B) for the Army Reserve, $92,515,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $21,574,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $151,170,000; and
(B) for the Air Force Reserve, $48,564,000.
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 section 2101,
2201, 2202, or 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:
Army: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Pueblo Army Depot........ Ammunition Demilitarization $203,500,000
Facility....................
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Marine Corps Combat Infrastructure Development... $8,900,000
Development Command.....
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1997 Family Housing Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Family Housing Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Mayport Naval Station.... 100 units.................... $10,000,000
Maine................................. Brunswick Naval Air 92 units..................... $10,925,000
Station.................
North Carolina........................ Camp Lejuene............. 94 units..................... $10,110,000
South Carolina........................ Beaufort Marine Corps Air 140 units.................... $14,000,000
Station.................
Texas................................. Corpus Christi Naval 104 units.................... $11,675,000
Complex.................
Kingsville Naval Air 48 units..................... $7,550,000
Station.................
Washington............................ Everett Naval Station.... 100 units.................... $15,015,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multi-Purpose Range (Phase $5,000,000
II).........................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATION 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 (b), as provided in section 2202 or
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 Family Housing Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Family Housing Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton........... 138 units.................... $20,000,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1996 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase I)...................
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
Changes
SEC. 2801. CONTRIBUTIONS FOR NORTH ATLANTIC TREATY ORGANIZATIONS
SECURITY INVESTMENT.
Section 2806(a) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, including
support for the actual implementation of a military operations plan
approved by the North Atlantic Council''.
SEC. 2802. DEVELOPMENT OF FORD ISLAND, HAWAII.
(a) Conditional Authority To Develop.--(1) Subchapter I of chapter
169 of title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 2814. Special authority for 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 of the Navy 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,
Hawaii; 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 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 lease under this subsection shall be subject to section
2667(b)(1) of this title 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 purposes 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.
``(4) The Secretary of the Navy may enter into a lease under this
subsection only if the lease is specifically authorized by a law
enacted after the date of the enactment of this section.
``(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 purposes 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.
``(2) 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 this chapter 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.
``(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 this title.
``(ii) The Department of Defense Military Unaccompanied
Housing Improvement Fund established by section 2883(a)(2) of
this 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 this title for activities authorized
under subchapter IV of this chapter 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 this title.
``(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) Property Support Service Defined.--In this section, the term
`property support service' means the following:
``(1) Any utility service or other service listed in
section 2686(a) of this title.
``(2) Any other service determined by the Secretary to be a
service that supports the operation and maintenance of real
property, personal property, or facilities.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``2814. Special authority for development of Ford Island, Hawaii.''.
(b) 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 2814(i)(3) of this title, 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 2814(i)(3) of this title, subject to the
restrictions on the use of the transferred amounts specified in that
section.''.
SEC. 2803. RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT ANCILLARY
SUPPORTING FACILITIES FOR HOUSING UNITS.
Section 2881 of title 10, United States Code, is amended--
(1) by inserting ``(a) Authority To Acquire or Construct.--
'' before ``Any project''; and
(2) by adding at the end the following new subsection:
``(b) Restriction.--The ancillary supporting facilities authorized
by subsection (a) may not be in direct competition with any resale
activities provided by the Defense Commissary Agency or the Army and
Air Force Exchange Service, the Navy Exchange Service Command, Marine
Corps exchanges, or any other nonappropriated fund instrumentality of
the United States under the jurisdiction of the armed forces which is
conducted for the morale, welfare and recreation of members of the
armed forces.''.
SEC. 2804. PLANNING AND DESIGN FOR MILITARY CONSTRUCTION PROJECTS FOR
RESERVE COMPONENTS.
Section 18233(f)(1) of title 10, United States Code, is amended by
inserting ``design,'' after ``planning,''.
SEC. 2805. LIMITATIONS ON AUTHORITY TO CARRY OUT SMALL PROJECTS FOR
ACQUISITION OF FACILITIES FOR RESERVE COMPONENTS.
(a) Unspecified Minor Construction Projects to Correct Life,
Health, or Safety Threats.--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 construction project intended
solely to correct a deficiency that is life-threatening,
health-threatening, or safety-threatening, except that the
expenditure or contribution for the project may not exceed
$3,000,000.''.
(b) Use of Operation and Maintenance Funds To Correct Life, Health,
or Safety Threats.--Subsection (b) of such section is amended by
inserting after ``or less'' the following: ``(or $1,000,000 or less if
the project is intended solely to correct a deficiency that is life-
threatening, health-threatening, or safety-threatening).''.
SEC. 2806. 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) 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 the 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
such section and inserting the following new item:
``2875. Investments.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF LAND 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. UTILITY PRIVATIZATION AUTHORITY.
(a) Extended Contracts for Utility Services.--Subsection (c) of
section 2688 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(3) A contract for the receipt of utility services as
consideration under paragraph (1), or any other contract for utility
services entered into by the Secretary concerned in connection with the
conveyance of a utility system under this section, may be for a period
not to exceed 50 years.''.
(b) Definition of Utility System.--Subsection (g)(2)(B) of such
section is amended by striking ``Easements'' and inserting ``Real
property, easements,''.
(c) Funds To Facilitate Privatization.--Such section is further
amended--
(1) by redesignating subsections (g) and (h) as subsections
(i) and (j); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Assistance for Construction, Repair, or Replacement of
Utility Systems.--In lieu of carrying out a military construction
project to construct, repair, or replace a utility system, the
Secretary concerned may use funds authorized and appropriated for the
project to facilitate the conveyance of the utility system under this
section by making a contribution toward the cost of construction,
repair, or replacement of the utility system by the entity to which the
utility system is being conveyed. The Secretary concerned shall
consider any such contribution in the economic analysis required under
subsection (e).''.
SEC. 2813. ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE EXPENSES
RELATING TO CERTAIN REAL PROPERTY TRANSACTIONS.
Section 2695(b) of title 10, United States Code, is amended--
(1) by inserting ``involving real property under the
control of the Secretary of a military department'' after
``transactions''; and
(2) by adding at the end the following new paragraph:
``(4) The disposal of real property of the United States
for which the Secretary will be the disposal agent.''.
SEC. 2814. STUDY AND REPORT ON IMPACTS TO MILITARY READINESS OF
PROPOSED LAND MANAGEMENT CHANGES ON PUBLIC LANDS IN UTAH.
(a) Utah National Defense Lands Defined.--In this section, the term
``Utah national defense lands'' means public lands under the
jurisdiction of the Bureau of Land Management in the State of Utah that
are adjacent to or near the Utah Test and Training Range and Dugway
Proving Ground or beneath the Military Operating Areas, Restricted
Areas, and airspace that make up the Utah Test and Training Range.
(b) Readiness Impact Study.--The Secretary of Defense shall conduct
a study to evaluate the impact upon military training, testing, and
operational readiness of any proposed changes in land management of the
Utah national defense lands. In conducting the study, the Secretary of
Defense shall consider the following:
(1) The present military requirements for and missions
conducted at Utah Test and Training Range, as well as projected
requirements for the support of aircraft, unmanned aerial
vehicles, missiles, munitions and other military requirements.
(2) The future requirements for force structure and
doctrine changes, such as the Expeditionary Aerospace Force
concept, that could require the use of the Utah Test and
Training Range.
(3) All other pertinent issues, such as overflight
requirements, access to electronic tracking and communications
sites, ground access to respond to emergency or accident
locations, munitions safety buffers, noise requirements, ground
safety and encroachment issues.
(c) Cooperation and Coordination.--The Secretary of Defense shall
conduct the study in cooperation with the Secretary of the Air Force
and the Secretary of the Army and coordinate the study with the
Secretary of the Interior.
(d) Effect of Study.--Until the Secretary of Defense submits to
Congress a report containing the results of the study, the Secretary of
the Interior may not proceed with the amendment of any individual
resource management plan for Utah national defense lands, or any
statewide environmental impact statement or statewide resource
management plan amendment package for such lands, if the statewide
environmental impact statement or statewide resource management plan
amendment addresses wilderness characteristics or wilderness management
issues affecting such lands.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 1990 FOR ACTIVITIES REQUIRED TO CLOSE OR
REALIGN MILITARY INSTALLATIONS.
(a) Duration of Account.--Subsection (a) of 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 adding at the
end the following new paragraph:
``(3) The Account shall be closed at the time and in the manner
provided for appropriation accounts under section 1555 of title 31,
United States Code. Unobligated funds which remain in the Account upon
closure shall be held by the Secretary of the Treasury until
transferred by law after the congressional defense committees receive
the final report transmitted under subsection (c)(2).''.
(b) Effect of Continuation on Use of Account.--Subsection (b)(1) of
such section is amended by adding at the end the following new
sentence: ``After July 13, 2001, the Account shall be the sole source
of Federal funds for environmental restoration, property management,
and other caretaker costs associated with any real property at military
installations closed or realigned under this part or such title II.''.
(c) Conforming Amendments.--Such section is further amended--
(1) in subsection (c)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2)
and, in such paragraph, by inserting after ``this
part'' the following: ``and no later than 60 days after
the closure of the Account under subsection (a)(3)'';
and
(2) in subsection (e), by striking ``the termination of the
authority of the Secretary to carry out a closure or
realignment under this part'' and inserting ``the closure of
the Account under subsection (a)(3)''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. TRANSFER OF JURISDICTION, FORT SAM HOUSTON, TEXAS.
(a) Transfer of Land for Inclusion in National Cemetery.--The
Secretary of the Army may transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of Veterans Affairs a
parcel of real property, including any improvements thereon, consisting
of approximately 152 acres and comprising a portion of Fort Sam
Houston, Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall include
the real property transferred under subsection (a) in the Fort Sam
Houston National Cemetery and use the conveyed property as a national
cemetery under chapter 24 of title 38, United States Code.
(c) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by a survey satisfactory to the Secretary of the Army. The
cost of the survey shall be borne by the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer under this section as the Secretary of the Army considers
appropriate to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, KANKAKEE, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Kankakee, Illinois (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, that is located at 1600 Willow Street in
Kankakee, Illinois, and contains the vacant Stefaninch Army Reserve
Center for the purpose of permitting the City to use the parcel for
economic development and other public purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND CONVEYANCE, FORT DES MOINES, IOWA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Fort Des Moines Black Officers Memorial,
Inc., a nonprofit corporation organized in the State of Iowa (in this
section referred to as the ``Corporation''), all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, located at Fort Des Moines, Iowa, and
containing the post chapel (building #49) and Clayton Hall (building
#46) for the purpose of permitting the Corporation to develop and use
the parcel as a memorial and for educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Corporation.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2834. LAND CONVEYANCE, ARMY MAINTENANCE SUPPORT ACTIVITY (MARINE)
NUMBER 84, MARCUS HOOK, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Borough of Marcus Hook, Pennsylvania (in
this section referred to as the ``Borough''), all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately 5 acres
that is located at 7 West Delaware Avenue in Marcus Hook, Pennsylvania,
and contains the facility known as the Army Maintenance Support
Activity (Marine) Number 84, for the purpose of permitting the Borough
to develop the parcel for recreational or economic development
purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Borough--
(1) use the conveyed property, directly or through an
agreement with a public or private entity, for recreational or
economic purposes; or
(2) convey the property to an appropriate public or private
entity for use for such purposes.
(c) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used for
recreational or economic development purposes, as required by
subsection (b), all right, title, and interest in and to the property
conveyed under subsection (a), including any improvements thereon,
shall revert to the United States, and the United States shall have the
right of immediate entry thereon. Any determination of the Secretary
under this subsection shall be made on the record after an opportunity
for a hearing.
(d) 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 Borough.
(e) 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. 2835. LAND CONVEYANCES, ARMY DOCKS AND RELATED PROPERTY, ALASKA.
(a) Juneau National Guard Dock.--The Secretary of the Army may
convey, without consideration, to the City of Juneau, Alaska, all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, located at 1030 Thane
Highway in Juneau, Alaska, and consisting of approximately 0.04 acres
and the appurtenant facility known as the Juneau National Guard Dock.
(b) Whittier Delong Dock.--The Secretary may convey, without
consideration, to the Alaska Railroad Corporation all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, located in Whittier, Alaska, and
consisting of approximately 6.13 acres and the appurtenant facility
known as the DeLong Dock.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsections (a)
and (b) shall be determined by surveys satisfactory to the Secretary.
The cost of the surveys shall be borne by the recipient of the real
property.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under subsection (a) and (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2836. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Veterans Services Commission of the State
of Arizona (in this section referred to as the ``Commission''), all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately 130 acres at Fort Huachuca, Arizona, for the purpose of
permitting the Commission to establish a State-run cemetery for
veterans.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Commission.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2837. LAND CONVEYANCE, ARMY RESERVE CENTER, CANNON FALLS,
MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Cannon Falls Area Schools, Minnesota
Independent School District Number 252 (in this section referred to as
the ``District''), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
that is located at 710 State Street East in Cannon Falls, Minnesota,
and contains an Army Reserve Center for the purpose of permitting the
District to develop the parcel for educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the District.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2838. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY HOUSING SITE, EAST
HANOVER TOWNSHIP, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Township Council of East Hanover, New
Jersey (in this section referred to as the ``Township''), all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
13.88 acres located near the unincorporated area of Hanover Neck in
East Hanover, New Jersey, and was a former family housing site for Nike
Battery 80, for the purpose of permitting the Township to develop the
parcel for affordable housing and for recreational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Township.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2839. LAND EXCHANGE, ROCK ISLAND ARSENAL, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the City of Moline, Illinois (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 .3 acres at the Rock Island Arsenal for the
purpose of permitting the City to construct a new entrance and exit
ramp for the bridge that crosses the southeast end of the island
containing the Arsenal.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall convey to the Secretary all right,
title, and interest of the City in and to a parcel of real property
consisting of approximately .2 acres and located in the vicinity of the
parcel to be conveyed under subsection (a).
(c) Description of Property.--The exact acreage and legal
description of the parcels to be conveyed under this section shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the City.
(d) 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. 2840. MODIFICATION OF LAND CONVEYANCE, JOLIET ARMY AMMUNITION
PLANT, ILLINOIS.
Section 2922(c) of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 605) is
amended--
(1) by inserting ``(1)'' before ``The conveyance''; and
(2) by adding at the end the following new paragraph:
``(2) The landfill established on the real property conveyed under
subsection (a) may contain only waste generated in the county in which
the landfill is established and waste generated in municipalities
located at least in part in that county. The landfill shall be closed
and capped after 23 years of operation.''.
SEC. 2841. 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 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.
PART II--NAVY CONVEYANCES
SEC. 2851. 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 cover over into 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. 2852. LAND CONVEYANCE, NAVAL AND MARINE CORPS RESERVE CENTER,
ORANGE, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the Orange County Navigation and Port
District of Orange County, Texas (in this section referred to as the
``District''), all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon, at
the Naval and Marine Corps Reserve Center in Orange, Texas, which
consists of approximately 2.4 acres and contains the facilities
designated as Buildings 135 and 163, for the purpose of permitting the
District to develop the parcel for economic development, educational
purposes, and the furtherance of navigation-related commerce.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the District.
(c) Reversionary Interest.--During the five-year period beginning
on the date the Secretary makes the conveyance authorized under
subsection (a), if the Secretary determines that the conveyed real
property is not being used in accordance with the purpose of the
conveyance specified in such subsection, 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) 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. 2853. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY POINT,
NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the State of North Carolina (in this section
referred to as the ``State''), all right, title, and interest of the
United States in and to a parcel of unimproved real property consisting
of approximately 20 acres at the Marine Corps Air Station, Cherry
Point, North Carolina, for the purpose of permitting the State to
develop the parcel for educational purposes.
(b) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the State convey
to the United States such easements and rights-of-way regarding the
parcel as the Secretary considers necessary to ensure use of the parcel
by the State is compatible with the use of the Marine Corps Air
Station.
(c) 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 State.
(d) 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 III--AIR FORCE CONVEYANCES
SEC. 2861. CONVEYANCE OF FUEL SUPPLY LINE, PEASE AIR FORCE BASE, NEW
HAMPSHIRE.
(a) Conveyance Authorized.--In conjunction with the disposal of
property at former Pease Air Force Base, New Hampshire, under 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), the Secretary of the Air
Force may convey to the redevelopment authority for Pease Air Force
Base all right, title, and interest of the United States in and to the
deactivated fuel supply line at Pease Air Force Base, including the
approximately 14.87 acres of real property associated with such supply
line.
(b) Condition of Conveyance.--The conveyance authorized by
subsection (a) may only be made if the redevelopment authority agrees
to make the fuel supply line available for use by the New Hampshire Air
National Guard under terms and conditions acceptable to the Secretary.
(c) 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 redevelopment authority.
(d) 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. 2862. LAND CONVEYANCE, TYNDALL AIR FORCE BASE, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to Panama City, Florida (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 33.07 acres in Bay County, Florida, and
containing the military family housing project for Tyndall Air Force
Base known as Cove Garden.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall pay to the United States an amount equal
to the fair market value of the real property to be conveyed, as
determined by the Secretary.
(c) Use of Proceeds.--In such amounts as are provided in advance in
appropriations Acts, the Secretary may use the funds paid by the City
under subsection (b) to construct or improve military family housing
units at Tyndall Air Force Base and to improve ancillary supporting
facilities related to such housing.
(d) 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.
(e) 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. 2863. LAND CONVEYANCE, PORT OF ANCHORAGE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Air Force and the
Secretary of the Interior may convey, without consideration, to the
Port of Anchorage, an entity of the City of Anchorage, Alaska (in this
section referred to as the ``Port''), all right, title, and interest of
the United States in and to two parcels of real property, including
improvements thereon, consisting of a total of approximately 14.22
acres located adjacent to the Port of Anchorage Marine Industrial Park
in Anchorage, Alaska, and leased by the Port from the Department of the
Air Force and the Bureau of Land Management.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Air Force and the Secretary of the Interior. The cost of the survey
shall be borne by the Port.
(c) Additional Terms and Conditions.--The Secretary of the Air
Force and the Secretary of the Interior may require such additional
terms and conditions in connection with the conveyance under subsection
(a) as the Secretaries considers appropriate to protect the interests
of the United States.
SEC. 2864. LAND CONVEYANCE, FORESTPORT TEST ANNEX, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Town of Ohio, New York (in this
section referred to as the ``Town''), all right, title, and interest,
of the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 164 acres in Herkimer
County, New York, and approximately 18 acres in Oneida County, New
York, and containing the Forestport Test Annex for the purpose of
permitting the Town to develop the parcel for economic purposes and to
further the provision of municipal services.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Town.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER,
CALIFORNIA.
(a) Conveyance Authorized.--Consistent with applicable laws,
including section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620), 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) The Secretary may pay the Regents an amount not exceed
$17,593,000 as consideration for the agreement under subparagraph (A).
Notwithstanding subsection (b) of 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), the Secretary may use amounts
appropriated pursuant to the authorization of appropriation in section
2405(a)(7) to make the payment under this subparagraph.
(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.
Subtitle E--Other Matters
SEC. 2871. EXPANSION OF ARLINGTON NATIONAL CEMETERY.
(a) Land Transfer, Navy Annex, Arlington, Virginia.--
(1) In general.--The Secretary of Defense shall provide for
the transfer to the Secretary of the Army of administrative
jurisdiction over the following parcels of land situated in
Arlington, Virginia:
(A) Certain lands which comprise approximately 26
acres bounded by Columbia Pike to the south and east,
Oak Street to the west, and the boundary wall of
Arlington National Cemetery to the north including
Southgate Road.
(B) Certain lands which comprise approximately 8
acres bounded by Shirley Memorial Boulevard (Interstate
395) to the south, property of the Virginia Department
of Transportation to the west, Columbia Pike to the
north, and Joyce Street to the east.
(C) Certain lands which comprise approximately 2.5
acres bounded by Shirley Memorial Boulevard (Interstate
395) to the south, Joyce Street to the west, Columbia
Pike to the north, and the cloverleaf interchange of
Route 100 and Columbia Pike to the east.
(2) Use of land.--The Secretary of the Army shall
incorporate the parcels of land transferred under paragraph (1)
into Arlington National Cemetery.
(3) Remediation of land for cemetery use.--Before the
transfer of administrative jurisdiction over the parcels of
land under paragraph (1), the Secretary of Defense shall
provide for the removal of any improvements on the parcels of
land and, in consultation with the Superintendent of Arlington
National Cemetery, the preparation of the land for use for
interment of remains of individuals in Arlington National
Cemetery.
(4) Negotiation with local officials.--Before the transfer
of administrative jurisdiction over the parcels of land under
paragraph (1), the Secretary of Defense shall enter into
negotiations with appropriate State and local officials to
acquire any real property, under the jurisdiction of such
officials, that separates such parcels of land from each other.
(5) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report explaining in detail the measures required to
prepare the land for use as a part of Arlington National
Cemetery.
(6) Deadline.--The Secretary of Defense shall complete the
transfer of administrative jurisdiction over the parcels of
land under this subsection not later than the earlier of--
(A) January 1, 2010; or
(B) the date when those parcels are no longer
required (as determined by the Secretary) for use as
temporary office space due to the renovation of the
Pentagon.
(b) Modification of Boundary of Arlington National Cemetery.--
(1) In general.--The Secretary of the Army shall modify the
boundary of Arlington National Cemetery to include the
following parcels of land situated in Fort Myer, Arlington,
Virginia:
(A) Certain lands which comprise approximately 5
acres bounded by the Fort Myer Post Traditional Chapel
to the southwest, McNair Road to the northwest, the
Vehicle Maintenance Complex to the northeast, and the
masonry wall of Arlington National Cemetery to the
southeast.
(B) Certain lands which comprise approximately 3
acres bounded by the Vehicle Maintenance Complex to the
southwest, Jackson Avenue to the northwest, the water
pumping station to the northeast, and the masonry wall
of Arlington National Cemetery to the southeast.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to Congress a report describing additional parcels of land
located in Fort Myer, Arlington, Virginia, that may be suitable
for use to expand Arlington National Cemetery.
(3) Survey.--The Secretary of the Army may determine the
exact acreage and legal description of the parcels of land
described in paragraph (1) by a survey.
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
$4,541,500,000, 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 $2,258,700,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,763,500,000,
to be allocated as follows:
(i) For operation and maintenance,
$1,640,355,000.
(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), $123,145,000, 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.
(iii) The total amount authorized to be
appropriated pursuant to clause (ii) is the sum
of the amounts authorized to be appropriated in
that clause, reduced by $10,000,000.
(B) For inertial fusion, $475,700,000, to be
allocated as follows:
(i) For operation and maintenance,
$227,600,000.
(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,
$19,500,000, to be allocated for technology partnership
only.
(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 $2,046,300,000, to be allocated as follows:
(A) For operation and maintenance, $1,897,621,000.
(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), $148,679,000, 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
Plant, 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 Plant, 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 upgrades project, Los Alamos National
Laboratory, Los Alamos, New Mexico,
$18,000,000.
Project 88-D-123, security enhancements,
Pantex Plant, Amarillo, Texas, $3,500,000.
(C) The total amount authorized to be appropriated
pursuant to subparagraph (B) is the sum of the amounts
authorized to be appropriated in that subparagraph,
reduced by $10,000,000.
(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
$236,500,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2000 for environmental
restoration and waste management in carrying out programs necessary for
national security in the amount of $5,652,368,000, 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 $1,092,492,000.
(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 $1,006,419,000, to be allocated as follows:
(A) For operation and maintenance, $918,129,000.
(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), $88,290,000, to be
allocated as follows:
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 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 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 Chemical Processing
Plant, Idaho National Engineering 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, $2,000,000.
(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 $3,005,848,000, to be allocated as follows:
(A) For operation and maintenance, $2,951,297,000.
(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 $240,500,000.
(5) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$327,109,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated in subsection (a) is the sum of the amounts authorized to
be appropriated in paragraphs (1) through (5) of that subsection
reduced by $20,000,000, to be derived from environmental restoration
and waste management, environment, safety, and health programs.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
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
$1,772,459,000, to be allocated as follows:
(1) Nonproliferation and national security.--For
nonproliferation and national security, $658,200,000, to be
allocated as follows:
(A) For verification and control technology,
$454,000,000, to be allocated as follows:
(i) For nonproliferation and verification
research and development, $221,000,000, to be
allocated as follows:
(I) For operation and maintenance,
$215,000,000.
(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),
$6,000,000, to be allocated as follows:
Project 00-D-192,
nonproliferation and
international security center,
Los Alamos National Laboratory,
Los Alamos, New Mexico,
$6,000,000.
(ii) For arms control, $233,000,000.
(B) For nuclear safeguards and security,
$59,100,000.
(C) For international nuclear safety, $15,300,000.
(D) For security investigations, $10,000,000.
(E) For emergency management, $21,000,000.
(F) For highly enriched uranium transparency
implementation, $15,750,000.
(G) For program direction, $83,050,000.
(2) Intelligence.--For intelligence, $36,059,000.
(3) Counterintelligence.--For counterintelligence,
$31,200,000.
(4) Worker and community transition.--For worker and
community transition, $20,000,000.
(5) Fissile materials control and disposition.--For fissile
materials control and disposition, $239,000,000, to be
allocated as follows:
(A) For operation and maintenance, $168,766,000.
(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, $104,000,000, to be allocated as
follows:
(A) For the Office of Environment, Safety, and
Health (Defense), $79,231,000.
(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, $681,000,000, to
be allocated as follows:
(A) For naval reactors development, $660,400,000,
to be allocated as follows:
(i) For operation and maintenance,
$636,400,000.
(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.
SEC. 3104. 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 $73,000,000.
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 $228,000,000, to be allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $5,000,000.
Project 98-PVT-5, environmental management and 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.
Project 97-PVT-3, transuranic waste treatment, Oak Ridge,
Tennessee, $12,000,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated in subsection (a) is the sum of the amounts authorized to
be appropriated for the projects in that subsection reduced by
$25,000,000 for use of prior year balances of funds for defense
environmental management privatization.
SEC. 3106. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE CYBER SECURITY
PROGRAM.
(a) Increased Funds for Counterintelligence Cyber Security.--The
amounts provided in section 3103 in the matter preceding paragraph (1)
and in paragraph (3) are each hereby increased by $8,600,000, to be
available for Counterintelligence Cyber Security programs.
(b) Offsetting Reductions Derived From Contractor Travel.--(1) The
amount provided in section 3101 in the matter preceding paragraph (1)
(for weapons activities in carrying out programs necessary for national
security) is hereby reduced by $4,700,000.
(2) The amount provided in section 3102 in the matter preceding
paragraph (1) of subsection (a) (for environmental restoration and
waste management in carrying out programs necessary for national
security) is hereby reduced by $1,900,000.
(3) The amount provided in section 3103 in the matter preceding
paragraph (1) is hereby reduced by $2,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 60 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 60-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 five 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 National Security 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 2001.
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. LIMITATION ON USE AT DEPARTMENT OF ENERGY LABORATORIES OF
FUNDS APPROPRIATED FOR THE INITIATIVES FOR PROLIFERATION
PREVENTION PROGRAM.
(a) Limitation.--Not more than 25 percent of the funds appropriated
for any fiscal year for the program of the Department of Energy known
as the Initiatives for Proliferation Prevention Program may be spent at
the Department of Energy laboratories.
(b) Effective Date.--The limitation in subsection (a) applies with
respect to funds appropriated for any fiscal year after fiscal year
1999.
SEC. 3132. PROHIBITION ON USE FOR PAYMENT OF RUSSIAN GOVERNMENT TAXES
AND CUSTOMS DUTIES OF FUNDS APPROPRIATED FOR THE
INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM.
Funds appropriated for the program of the Department of Energy
known as the Initiatives for Proliferation Prevention Program may not
be used to pay any tax or customs duty levied by the government of the
Russian Federation.
SEC. 3133. MODIFICATION OF LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT
TO PROVIDE FUNDS FOR THEATER BALLISTIC MISSILE DEFENSE.
(a) Conduct of Programs.--The Secretary of Energy shall ensure that
the national laboratories carry out theater ballistic missile defense
development programs in accordance with--
(1) the memorandum of understanding between the Secretary
of Energy and the Secretary of Defense required by section
3131(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2034; 10 U.S.C. 2431
note); and
(2) such regulations as the Secretary of Energy may
prescribe.
(b) Funding.--Of the funds provided by the Department of Energy to
the national laboratories for national security activities, the
Secretary of Energy shall provide a specific amount, equal to 3 percent
of such funds, to be used by such laboratories for theater ballistic
missile defense development programs.
(c) National Laboratories.--For purposes of this section, the term
``national laboratories'' has the meaning given such term in section
3131(d) of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2034; 10 U.S.C. 2431 note).
(d) Kinetic Energy Warhead Programs.--(1) Notwithstanding
subsection (a), during fiscal year 2000 the Secretary of Energy shall
use the funds required to be made available pursuant to subsection (b)
for theater ballistic missile defense development programs for the
purpose of the development and test of advanced kinetic energy
ballistic missile defense warheads based on advanced explosive
technology, the designs of which--
(A) are compatible with the Army Theater High-Altitude
Area-Wide Defense (THAAD) system, the Navy Theater Wide system,
the Navy Area Defense system, and the Patriot Advanced
Capability-3 (PAC-3) system; and
(B) will be available for ground lethality testing not
later than one year after the date of the enactment of this
Act.
(2) Of the funds made available for purposes of paragraph (1), one-
half shall be made available for work at Los Alamos National Laboratory
and one-half shall be made available for work at Lawrence Livermore
National Laboratory.
(3) If the Secretary does not use the full amount referred to in
paragraph (1) for the purposes stated in that paragraph, the remainder
of such amount shall be used in accordance with subsection (a).
(e) Reduction in Laboratory-Directed Research and Development
Programs.--Subsection (c) of section 3132 of the National Defense
Authorization Act for Fiscal Year 1991 (42 U.S.C. 7257a) is amended by
striking ``6 percent'' and inserting ``3 percent''.
SEC. 3134. SUPPORT OF THEATER BALLISTIC MISSILE DEFENSE ACTIVITIES OF
THE DEPARTMENT OF DEFENSE.
(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to the
Department of Energy pursuant to section 3101, $30,000,000 shall be
available only for research, development, and demonstration activities
to support the mission of the Ballistic Missile Defense Organization of
the Department of Defense, including the following activities:
(1) Technology development, concept demonstration, and
integrated testing to improve reliability and reduce risk in
hit-to-kill interceptors for theater ballistic missile defense.
(2) Support for science and engineering teams to address
technical problems identified by the Director of the Ballistic
Missile Defense Organization as critical to acquisition of a
theater ballistic missile defense capability.
(b) Memorandum of Understanding.--The activities referred to in
subsection (a) shall be carried out under the memorandum of
understanding entered into by the Secretary of Energy and the Secretary
of Defense for the use of national laboratories for ballistic missile
defense programs, as required by section 3131 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
2034).
(c) Method of Funding.--Funds for activities referred to in
subsection (a) may be provided--
(1) by direct payment from funds available pursuant to
subsection (a); or
(2) in the case of such an activity carried out by a
national laboratory but paid for by the Ballistic Missile
Defense Organization, through a method under which the
Secretary of Energy waives any requirement for the Department
of Defense to pay any indirect expenses (including overhead and
federal administrative charges) of the Department of Energy or
its contractors.
Subtitle D--Commission on Nuclear Weapons Management
SEC. 3151. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on Nuclear Weapons Management'' (hereinafter
in this subtitle referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of nine members,
appointed as follows:
(1) Two members shall be appointed by the chairman of the
Committee on Armed Services of the House of Representatives.
(2) Two members shall be appointed by the ranking minority
party member of the Committee on Armed Services of the House of
Representatives.
(3) Two members shall be appointed by the chairman of the
Committee on Armed Services of the Senate.
(4) Two members shall be appointed by the ranking minority
party member of the Committee on Armed Services of the Senate.
(5) One member, who shall serve as chairman of the
Commission, shall be appointed by the chairman of the Committee
on Armed Services of the House of Representatives and the
chairman of the Committee on Armed Services of the Senate,
acting jointly, in consultation with the ranking minority party
member of the Committee on Armed Services of the House of
Representatives and the ranking minority party member of the
Committee on Armed Services of the Senate.
(c) Qualifications.--Members of the Commission shall be appointed
from among private United States citizens with knowledge and expertise
in nuclear weapons policy, organization, and management matters.
(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 30 days after the date of the
enactment of this Act.
(2) The Commission shall convene its first meeting not later than
30 days after the date on which all members of the Commission have been
appointed.
(f) Security Clearances.--The Secretary of Defense shall expedite
the processing of appropriate security clearances for members of the
Commission.
SEC. 3152. DUTIES OF COMMISSION.
(a) In General.--The Commission shall examine the organizational
and management structures within the Department of Energy and the
Department of Defense that are responsible for the following, as they
pertain to nuclear weapons:
(1) Development of nuclear weapons policy and standards.
(2) Generation of requirements.
(3) Inspection and certification of the nuclear stockpile.
(4) Research, development, and design.
(5) Manufacture, assembly, disassembly, refurbishment,
surveillance, and storage.
(6) Operation and maintenance.
(7) Construction.
(8) Sustainment and development of high-quality personnel.
(b) Structures.--The organizational and management structures to be
examined under subsection (a) shall include the following:
(1) The management headquarters of the Department of
Energy, the Department of Defense, the military departments,
and defense agencies.
(2) Headquarters support activities of the Department of
Energy, the Department of Defense, the military departments,
and defense agencies.
(3) The acquisition organizations in the Department of
Energy and the Department of Defense.
(4) The nuclear weapons complex, including the nuclear
weapons laboratories, the nuclear weapons production
facilities, and defense environmental remediation sites.
(5) The Nuclear Weapons Council and its standing committee.
(6) The United States Strategic Command.
(7) The Defense Threat Reduction Agency.
(8) Policy-oriented elements of the Government that affect
the management of nuclear weapons, including the following:
(A) The National Security Council.
(B) The Arms Control and Disarmament Agency.
(C) The Office of the Under Secretary of Defense
for Policy.
(D) The office of the Deputy Chief of Staff of the
Air Force for Air and Space Operations.
(E) The office of the Deputy Chief of Naval
Operations for Plans, Policy, and Operations.
(F) The headquarters of each combatant command (in
addition to the United States Strategic Command) that
has nuclear weapons responsibilities.
(G) Such other organizations as the Commission
determines appropriate to include.
(c) Evaluations.--In carrying out its duties, the Commission
shall--
(1) evaluate the rationale for current management and
organization structures, and the relationship among the
entities within those structures;
(2) evaluate the efficiency and effectiveness of those
structures; and
(3) propose and evaluate alternative organizational and
management structures, including alternatives that would
transfer authorities of the Department of Energy for the
defense program and defense environmental management to the
Department of Defense.
(d) Cooperation From Government Officials.--In carrying out its
duties, the Commission should receive the full and timely cooperation
of the Secretary of Defense, the Secretary of Energy, 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. 3153. REPORTS.
The Commission shall submit to Congress an interim report
containing its preliminary findings and conclusions not later than
October 15, 2000, and a final report containing its findings and
conclusions not later than January 1, 2001.
SEC. 3154. 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 title, 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 Department of Energy, and any other Federal
department or agency information that the Commission considers
necessary to enable the Commission to carry out its responsibilities
under this title.
SEC. 3155. 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 title.
SEC. 3156. 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. 3157. 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 and the Secretary of Energy shall furnish the
Commission, on a reimbursable basis, any administrative and support
services requested by the Commission.
SEC. 3158. FUNDING.
(a) Source of Funds.--Funds for activities of the Commission shall
be provided from--
(1) amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for
fiscal year 2000; and
(2) amounts appropriated for the Department of Energy for
program direction for weapons activities and for defense
environmental restoration and waste management for fiscal year
2000.
(b) Disbursement.--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 and the
Secretary of Energy shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated in such
certification.
SEC. 3159. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its final report under section 3153.
Subtitle E--Other Matters
SEC. 3161. PROCEDURES FOR MEETING TRITIUM PRODUCTION REQUIREMENTS.
(a) Accelerator Production Plan.--Not later than January 15, 2000,
the Secretary of Energy shall submit to the congressional defense
committees a plan (in this section referred to as an ``accelerator
production plan'') to meet the requirements in the Nuclear Weapons
Stockpile Memorandum relating to tritium production by expediting the
completion of the design and the initiation of the construction of a
particle accelerator for the production of tritium.
(b) Technology for Tritium Production.--If the Nuclear Regulatory
Commission does not grant to the Tennessee Valley Authority the amended
licenses described in subsection (c) by December 31, 2002, the
Secretary of Energy shall on January 1, 2003--
(1) designate particle accelerator technology as the
primary technology for the production of tritium;
(2) designate commercial light water reactor technology as
the backup technology for the production of tritium; and
(3) implement the accelerator production plan.
(c) Amended Licenses.--The amended licenses referred to in
subsection (b) are the amended licenses for the operation of each of
the following commercial light water reactors:
(1) Watts Bar reactor, Spring City, Tennessee.
(2) Sequoya reactor, Daisy, Tennessee.
SEC. 3162. 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, 2002.
(b) Exercise of Authority.--The Department shall pay voluntary
separation incentive payments under subsection (a) in accordance with
the provisions of such section 663.
(c) Report.--(1) Not later than March 15, 2000, the Secretary of
Energy shall submit to the recipients specified in paragraph (3) a
report describing how the Department has used the authority to pay
voluntary separation incentive payments under subsection (a).
(2) The report under paragraph (1) shall include the occupations
and grade levels of each employee paid a voluntary separation incentive
payment under subsection (a) and shall describe how the use of the
authority to pay voluntary separation incentive payments under such
subsection relates to the restructuring plans of the Department.
(3) The recipients specified in this paragraph are the following:
(A) The Office of Personnel Management.
(B) The Committee on Armed Services of the House of
Representatives.
(C) The Committee on Armed Services of the Senate.
(D) The Committee on Government Reform of the House of
Representatives.
(E) The Committee on Governmental Affairs of the Senate.
(d) Additional Agency Contributions to the Retirement Fund.--For
purposes of this section, the requirement of an agency remittance of an
amount equal to 15 percent in paragraph (1) of section 663(d) 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) shall
be deemed to be a requirement of an agency remittance of an amount
equal to 26 percent.
SEC. 3163. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO THE
DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.
(a) In General.--Subsection (a) of section 3140 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 621; 42 U.S.C. 2121 note) is amended--
(1) by striking ``the Secretary'' in the second sentence
and all that follows through ``provide educational assistance''
and inserting ``the Secretary shall provide educational
assistance'';
(2) by striking the semicolon after ``complex'' in the
second sentence and inserting a period; and
(3) by striking paragraphs (2) and (3).
(b) Eligible Individuals.--Subsection (b) of such section is
amended by inserting ``are United States citizens who'' in the matter
preceding paragraph (1) after ``program''.
(c) Covered Facilities.--Subsection (c) of such section is amended
by adding at the end the following new paragraphs:
``(5) The Lawrence Livermore National Laboratory,
Livermore, California.
``(6) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
``(7) The Sandia National Laboratory, Albuquerque, New
Mexico.''.
(d) Agreement Required.--Subsection (f) of such section is amended
to read as follows:
``(f) Agreement.--(1) The Secretary may allow an individual to
participate in the program only if the individual signs an agreement
described in paragraph (2).
``(2) An agreement referred to in paragraph (1) shall be in
writing, shall be signed by the participant, and shall include the
participant's agreement to serve, after completion of the course of
study for which the assistance was provided, as a full-time employee in
a position in the Department of Energy for a period of time to be
established by the Secretary of Energy of not less than one year, if
such a position is offered to the participant.''.
(e) Plan.--(1) Not later than January 1, 2000, the Secretary of
Energy shall submit to the congressional defense committees a plan for
the administration of the fellowship program under section 3140 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 42 U.S.C. 2121 note), as amended by this section.
(2) The plan shall include the criteria for the selection of
individuals for participation in such fellowship program and a
description of the provisions to be included in the agreement required
by subsection (f) of such section (as amended by this section),
including the period of time established by the Secretary for the
participants to serve as employees.
(f) Funding.--Of the funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, $5,000,000 shall be
available only to conduct the fellowship program under section 3140 of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 42 U.S.C. 2121 note), as amended by this section.
SEC. 3164. DEPARTMENT OF ENERGY RECORDS DECLASSIFICATION.
(a) Identification in Budget.--The Secretary of Energy shall
include in the budget justification materials submitted to Congress in
support of the Department of Energy budget for national security
programs for any fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31) specific identification,
as a budgetary line item, of the amounts necessary for programmed
activities during that fiscal year to declassify records to carry out
Executive Order 12958 (50 U.S.C. 435 note), or any successor Executive
order, or to comply with any statutory requirement to declassify
Government records.
(b) Limitation.--The total amount expended by the Department of
Energy during fiscal year 2000 to carry out activities to declassify
records pursuant to Executive Order 12958 (50 U.S.C. 435 note), or any
successor Executive order, or to comply with any statutory requirement
to declassify Government records may not exceed $8,500,000.
SEC. 3165. MANAGEMENT OF NUCLEAR WEAPONS PRODUCTION FACILITIES AND
NATIONAL LABORATORIES.
(a) Authority and Responsibility of Assistant Secretary for Defense
Programs.--The Secretary of Energy, in assigning functions under
section 203 of the Department of Energy Organization Act (42 U.S.C.
7133), shall assign direct authority over, and responsibility for, the
nuclear weapons production facilities and the national laboratories in
all matters relating to national security to the Assistant Secretary
assigned the functions under section 203(a)(5) of that Act.
(b) Covered Functions.--The functions assigned to the Assistant
Secretary under subsection (a) shall include, but not be limited to,
authority over, and responsibility for, the national security functions
of those facilities and laboratories with respect to the following:
(1) Strategic management.
(2) Policy development and guidance.
(3) Budget formulation and guidance.
(4) Resource requirements determination and allocation.
(5) Program direction.
(6) Administration of contracts to manage and operate
nuclear weapons production facilities and national
laboratories.
(7) Environment, safety, and health operations.
(8) Integrated safety management.
(9) Safeguard and security operations.
(10) Oversight.
(11) Relationships within the Department of Energy and with
other Federal agencies, the Congress, State, tribal, and local
governments, and the public.
(c) Reporting of Nuclear Weapons Production Facilities and National
Laboratories.--In all matters relating to national security, the
nuclear weapons production facilities and the national laboratories
shall report to, and be accountable to, the Assistant Secretary.
(d) Delegation by Assistant Secretary.--The Assistant Secretary may
delegate functions assigned under subsection (a) only within the
headquarters office of the Assistant Secretary, except that the
Assistant Secretary may delegate to a head of a specified operations
office functions including, but not limited to, supporting the
following activities at a nuclear weapons production facility or a
national laboratory:
(1) Operational activities.
(2) Program execution.
(3) Personnel.
(4) Contracting and procurement.
(5) Facility operations oversight.
(6) Integration of production and research and development
activities.
(7) Interaction with other Federal agencies, State, tribal,
and local governments, and the public.
(e) Reporting of Operations Offices.--For each delegation made
under subsection (d) to a head of a specified operations office, that
head of that specified operations office shall shall directly report
to, and be accountable to, the Assistant Secretary.
(f) Definitions.--As used in this section:
(1) The term ``nuclear weapons production facility'' means
any of the following facilities:
(A) The Kansas City Plant, Kansas City, Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y-12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations at the Savannah River
Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
(2) The term ``national laboratory'' means any of the
following laboratories:
(A) The Los Alamos National Laboratory, Los Alamos,
New Mexico.
(B) The Lawrence Livermore National Laboratory,
Livermore, California.
(C) The Sandia National Laboratories, Albuquerque,
New Mexico, and Livermore, California.
(3) The term ``specified operations office'' means any of
the following operations offices of the Department of Energy:
(A) Albuquerque Operations Office, Albuquerque, New
Mexico.
(B) Oak Ridge Operations Office, Oak Ridge,
Tennessee.
(C) Oakland Operations Office, Oakland, California.
(D) Nevada Operations Office, Nevada Test Site, Las
Vegas, Nevada.
(E) Savannah River Operations Office, Savannah
River Site, Aiken, South Carolina.
SEC. 3166. NOTICE TO CONGRESSIONAL COMMITTEES OF COMPROMISE OF
CLASSIFIED INFORMATION WITHIN NUCLEAR ENERGY DEFENSE
PROGRAMS.
(a) In General.--The Secretary of Energy shall notify the
committees specified in subsection (c), notwithstanding Rule 6(e) of
the Federal Rules of Criminal Procedure, that the Secretary has
received information indicating that classified information relating to
military applications of nuclear energy is being, or may have been,
disclosed in an unauthorized manner to a foreign power or an agent of a
foreign power.
(b) Manner of Notification.--A notification under subsection (a)
shall be provided, in writing, not later than 30 days after the date of
the initial receipt of such information by the Department of Energy.
(c) Specified Committees.--The committees referred to in subsection
(a) are the following:
(1) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(d) Foreign Power.--For purposes of this section, the terms
``foreign power'' and ``agent of a foreign power'' have the meanings
given those terms in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 3167. 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, except for subsection d. of that
section, shall apply to the assessment of civil penalties under this
section.''.
(b) Clarifying Amendment.--The section heading of section 234A of
such 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:
``Sec. 234A. Civil Monetary Penalties for Violations of Department of
Energy Safety Regulations.
``Sec. 234B. Civil Monetary Penalties for Violations of Department of
Energy Regulations Regarding Security of
Classified or Sensitive Information or
Data.''.
SEC. 3168. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) Program Required.--The Secretary of Energy, acting through the
Director of the Office of Counterintelligence of the Department of
Energy, shall carry out a counterintelligence polygraph program for the
defense-related activities of the Department. The counterintelligence
polygraph program shall consist of the administration of
counterintelligence polygraph examinations to each covered person who
has access to high-risk programs or information.
(b) Covered Persons.--For purposes of this section, a covered
person is one of the following:
(1) An officer or employee of the Department.
(2) An expert or consultant under contract to the
Department.
(3) An officer or employee of any contractor of the
Department.
(c) High-Risk Programs or Information.--For purposes of this
section, high-risk programs or information are any of the following:
(1) The programs identified as high risk in the regulations
prescribed by the Secretary and known as--
(A) Special Access Programs;
(B) Personnel Security And Assurance Programs; and
(C) Personnel Assurance Programs.
(2) The information identified as high risk in the
regulations prescribed by the Secretary and known as Sensitive
Compartmented Information.
(d) Initial Testing and Consent.--The Secretary may not permit a
covered person to have any access to any high-risk program or
information unless that person first undergoes a counterintelligence
polygraph examination and consents in a signed writing to the
counterintelligence polygraph examinations required by this section.
(e) Additional Testing.--The Secretary may not permit a covered
person to have continued access to any high-risk program or information
unless that person undergoes a counterintelligence polygraph
examination--
(1) not less frequently than every five years; and
(2) at any time at the direction of the Director of the
Office of Counterintelligence.
(f) Counterintelligence Polygraph Examination.--For purposes of
this section, the term ``counterintelligence polygraph examination''
means a polygraph examination using questions reasonably calculated to
obtain counterintelligence information, including questions relating to
espionage, sabotage, unauthorized disclosure of classified information,
and unauthorized contact with foreign nationals.
SEC. 3169. REPORT ON COUNTERINTELLIGENCE AND SECURITY PRACTICES AT
NATIONAL LABORATORIES.
(a) In General.--Not later than March 1 of each year, the Secretary
of Energy shall submit to the Congress a report for the preceding year
on counterintelligence and security practices at the facilities of the
national laboratories (whether or not classified activities are carried
out at the facility).
(b) Content of Report.--The report shall include, with respect to
each national laboratory, the following:
(1) The number of full-time counterintelligence and
security professionals employed.
(2) A description of the counterintelligence and security
training courses conducted and, for each such course, any
requirement that employees successfully complete that course.
(3) A description of each contract awarded that provides an
incentive for the effective performance of counterintelligence
or security activities.
(4) A description of the services provided by the employee
assistance programs.
(5) A description of any requirement that an employee
report the foreign travel of that employee (whether or not the
travel was for official business).
(6) A description of any visit by the Secretary or by the
Deputy Secretary of Energy, a purpose of which was to emphasize
to employees the need for effective counterintelligence and
seurity practices.
SEC. 3170. TECHNOLOGY TRANSFER COORDINATION FOR DEPARTMENT OF ENERGY
NATIONAL LABORATORIES.
(a) Technology Transfer Coordination.--Within 90 days after the
date of the enactment of this Act, the Secretary of Energy shall
ensure, for each national laboratory, the following:
(1) Consistency of technology transfer policies and
procedures with respect to patenting, licensing, and
commercialization.
(2) That the contractor operating the national laboratory
make available to aggrieved private sector entities a range of
expedited alternate dispute resolution procedures (including
both binding and nonbinding procedures) to resolve disputes
that arise over patents, licenses, and commercialization
activities, with costs and damages to be provided by the
contractor to the extent that any such resolution attributes
fault to the contractor.
(3) That the expedited procedure used for a particular
dispute shall be chosen--
(A) collaboratively by the Secretary and by
appropriate representatives of the contractor operating
the national laboratory and of the private sector
entity; and
(B) if an expedited procedure cannot be chosen
collaboratively under subparagraph (A), by the
Secretary.
(4) That the contractor operating the national laboratory
submit an annual report to the Secretary, as part of the annual
performance evaluation of the contractor, on technology
transfer and intellectual property successes, current
technology transfer and intellectual property disputes
involving the laboratory, and progress toward resolving those
disputes.
(5) Training to ensure that laboratory personnel
responsible for patenting, licensing, and commercialization
activities are knowledgeable of the appropriate legal,
procedural, and ethical standards.
(b) Definition of National Laboratory.--As used in this section,
the term ``national laboratory'' means any of the following
laboratories:
(1) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
(2) The Lawrence Livermore National Laboratory, Livermore,
California.
(3) The Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.
Subtitle F--Protection of National Security Information
SEC. 3181. SHORT TITLE.
This subtitle may be cited as the ``National Security Information
Protection Improvement Act''.
SEC. 3182. SEMI-ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Reports Required.--The President shall transmit to Congress a
report, not less often than every six months, on the steps being taken
by the Department of Energy, the Department of Defense, the Federal
Bureau of Investigation, the Central Intelligence Agency, and all other
relevant executive departments and agencies to respond to espionage and
other intelligence activities by the People's Republic of China,
particularly with respect to the theft of sophisticated United States
nuclear weapons design information and the targeting by the People's
Republic of China of United States nuclear weapons codes and other
national security information of strategic concern.
(b) Initial Report.--The first report under this section shall be
transmitted not later than January 1, 2000.
SEC. 3183. REPORT ON WHETHER DEPARTMENT OF ENERGY SHOULD CONTINUE TO
MAINTAIN NUCLEAR WEAPONS RESPONSIBILITY.
Not later than January 1, 2000, the President shall transmit to
Congress a report regarding the feasibility of alternatives to the
current arrangements for controlling United States nuclear weapons
development, testing, and maintenance within the Department of Energy,
including the reestablishment of the Atomic Energy Commission as an
independent nuclear agency. The report shall describe the benefits and
shortcomings of each such alternative, as well as the current system,
from the standpoint of protecting such weapons and related research and
technology from theft and exploitation. The President shall include
with such report the President's recommendation for the appropriate
arrangements for controlling United States nuclear weapons development,
testing, and maintenance outside the Department of Energy if it should
be determined that the Department of Energy should no longer have that
responsibility.
SEC. 3184. DEPARTMENT OF ENERGY OFFICE OF FOREIGN INTELLIGENCE AND
OFFICE OF COUNTERINTELLIGENCE.
(a) In General.--The Department of Energy Organization Act is
amended by inserting after section 212 (42 U.S.C. 7143) the following
new sections:
``office of foreign intelligence
``Sec. 213. (a) There shall be within the Department an Office of
Foreign Intelligence, to be headed by a Director, who shall report
directly to the Secretary.
``(b) The Director 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) The Secretary may delegate to the Deputy Secretary of Energy
the day-to-day supervision of the Director.
``office of counterintelligence
``Sec. 214. (a) There shall be within the Department an Office of
Counterintelligence, to be headed by a Director, who shall report
directly to the Secretary.
``(b) The Director shall carry out all counterintelligence
activities in the Department relating to the defense activities of the
Department.
``(c) The Secretary may delegate to the Deputy Secretary of Energy
the day-to-day supervision of the Director.
``(d)(1) The Director shall keep the intelligence committees fully
and currently informed of all significant security breaches at any of
the national laboratories.
``(2) For purposes of this subsection, the term `intelligence
committees' means the Permanent Select Committee of the House of
Representatives and the Select Committee on Intelligence of the
Senate.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
212 the following new items:
``Sec. 213. Office of Foreign Intelligence.
``Sec. 214. Office of Counterintelligence.''.
SEC. 3185. COUNTERINTELLIGENCE PROGRAM AT DEPARTMENT OF ENERGY NATIONAL
LABORATORIES.
(a) Program Required.--The Secretary of Energy shall establish and
maintain at each national laboratory a counterintelligence program for
the defense-related activities of the Department of Energy at such
laboratory.
(b) Head of Program.--The Secretary shall ensure that, for each
national laboratory, the head of the counterintelligence program of
that laboratory--
(1) has extensive experience in counterintelligence
activities within the Federal Government; and
(2) with respect to the counterintelligence program, is
responsible directly to, and is hired with the concurrence of,
the Director of Counterintelligence of the Department of Energy
and the director of the national laboratory.
SEC. 3186. COUNTERINTELLIGENCE ACTIVITIES AT OTHER DEPARTMENT OF ENERGY
FACILITIES.
(a) Assignment of Counterintelligence Personnel.--(1) The Secretary
of Energy shall assign to each Department of Energy facility, other
than a national laboratory, 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. 3187. DEPARTMENT OF ENERGY POLYGRAPH EXAMINATIONS.
(a) Counterintelligence Polygraph Program Required.--The Secretary
of Energy, acting through the Director of Counterintelligence of the
Department of Energy, shall carry out a counterintelligence polygraph
program for the defense activities of the Department of Energy. The
program shall consist of the administration on a regular basis of a
polygraph examination to each covered person who has access to a
program that the Director of Counterintelligence and the Assistant
Secretary assigned the functions under section 203(a)(5) of the
Department of Energy Organization Act determine requires special access
restrictions.
(b) Covered Persons.--For purposes of subsection (a), a covered
person is any of the following:
(1) An officer or employee of the Department.
(2) An expert or consultant under contract to the
Department.
(3) An officer or employee of any contractor of the
Department.
(c) Additional Polygraph Examinations.--In addition to the
polygraph examinations administered under subsection (a), the
Secretary, in carrying out the defense activities of the Department--
(1) may administer a polygraph examination to any employee
of the Department or of any contractor of the Department, for
counterintelligence purposes; and
(2) shall administer a polygraph examination to any such
employee in connection with an investigation of such employee,
if such employee requests the administration of a polygraph
examination for exculpatory purposes.
(d) Regulations.--(1) The Secretary shall prescribe any regulations
necessary to carry out this section. Such regulations shall include
procedures, to be developed in consultation with the Director of the
Federal Bureau of Investigation, for identifying and addressing ``false
positive'' results of polygraph examinations.
(2) Notwithstanding section 501 of the Department of Energy
Organization Act (42 U.S.C. 7191) or any other provision of law, the
Secretary may, in prescribing regulations under paragraph (1), waive
any requirement for notice or comment if the Secretary determines that
it is in the national security interest to expedite the implementation
of such regulations.
(e) No Change in Other Polygraph Authority.--This section shall not
be construed to affect the authority under any other provision of law
of the Secretary to administer a polygraph examination.
SEC. 3188. 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 individual or entity that has entered into a contract or
agreement with the Department of Energy, or a subcontract or
subagreement thereto, and that commits a gross violation or a pattern
of gross violations of any applicable rule, regulation, or order
prescribed or otherwise issued by the Secretary pursuant to this
subtitle 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 $500,000 for each such violation.
``b. The Secretary shall include, in each contract entered into
after the date of the enactment of this section 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 in the first section
of 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. 3189. 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
``$400,000''; and
(2) in clause b., by striking ``$10,000'' and inserting
``$200,000''.
(b) Receipt of Restricted Data.--Section 225 of such Act (42 U.S.C.
2275) is amended by striking ``$20,000'' and inserting ``$400,000''.
(c) Disclosure of Restricted Data.--Section 227 of such Act (42
U.S.C. 2277) is amended by striking ``$2,500'' and inserting
``$50,000''.
SEC. 3190. RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES BY FOREIGN
VISITORS FROM SENSITIVE COUNTRIES.
(a) Background Review Required.--The Secretary of Energy may not
admit to any facility of a national laboratory any individual who is a
citizen or agent of a nation that is named on the current sensitive
countries list unless the Secretary first completes a background review
with respect to that individual.
(b) Moratorium Pending Certification.--(1) During the period
described in paragraph (2), the Secretary may not admit to any facility
of a national laboratory any individual who is a citizen or agent of a
nation that is named on the current sensitive countries list.
(2) The period referred to in paragraph (1) is the period beginning
30 days after the date of the enactment of this Act and ending on the
later of the following:
(A) The date that is 90 days after the date of the
enactment of this Act.
(B) The date that is 45 days after the date on which the
Secretary submits to Congress a certification described in
paragraph (3).
(3) A certification referred to in paragraph (2) is a certification
by the Director of Counterintelligence of the Department of Energy,
with the concurrence of the Director of the Federal Bureau of
Investigation, that all security measures are in place that are
necessary and appropriate to prevent espionage or intelligence
gathering by or for a sensitive country, including access by
individuals referred to in paragraph (1) to classified information of
the national laboratory.
(c) Waiver of Moratorium.--(1) The Secretary of Energy may waive
the prohibition in subsection (b) on a case-by-case basis with respect
to any specific individual or any specific delegation of individuals
whose admission to a national laboratory is determined by the Secretary
to be in the interest of the national security of the United States.
(2) Not later than the seventh day of the month following a month
in which a waiver is made, the Secretary shall submit a report in
writing providing notice of each waiver made in that month to the
following:
(A) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(3) Each such report shall be in classified form and shall contain
the identity of each individual or delegation for whom such a waiver
was made and, with respect to each such individual or delegation, the
following information:
(A) A detailed justification for the waiver.
(B) For each individual with respect to whom a background
review was conducted, whether the background review determined
that negative information exists with respect to that
individual.
(C) The Secretary's certification that the admission of
that individual or delegation to a national laboratory is in
the interest of the national security of the United States.
(4) The authority of the Secretary under paragraph (1) may be
delegated only to the Director of Counterintelligence of the Department
of Energy.
(d) Exception to Moratorium for Certain Individuals.--The
moratorium under subsection (b) shall not apply to any person who--
(1) is, on the date of the enactment of this Act, an
employee or assignee of the Department of Energy, or of a
contractor of the Department; and
(2) has undergone a background review in accordance with
subsection (a).
(e) Exception to Moratorium for Certain Programs.--In the case of a
program undertaken pursuant to an international agreement between the
United States and a foreign nation, the moratorium under subsection (b)
shall not apply to the admittance to a facility that is important to
that program of a citizen of that foreign nation whose admittance is
important to that program.
(f) Sense of Congress Regarding Background Reviews.--It is the
sense of Congress that the Secretary of Energy, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence should ensure that background reviews carried out under
this section are completed in not more than 15 days.
(g) Definitions.--For purposes of this section:
(1) The term ``background review'', commonly known as an
indices check, means a review of information provided by the
Director of Central Intelligence and the Director of the
Federal Bureau of Investigation regarding personal background,
including information relating to any history of criminal
activity or to any evidence of espionage.
(2) The term ``sensitive countries list'' means the list
prescribed by the Secretary of Energy known as the Department
of Energy List of Sensitive Countries.
SEC. 3191. REQUIREMENTS RELATING TO ACCESS BY FOREIGN VISITORS AND
EMPLOYEES TO DEPARTMENT OF ENERGY FACILITIES ENGAGED IN
DEFENSE ACTIVITIES.
(a) Security Clearance Review Required.--The Secretary of Energy
may not allow unescorted access to any classified area, or access to
classified information, of any facility of the Department of Energy
engaged in the defense activities of the Department to any individual
who is a citizen of a foreign nation unless--
(1) the Secretary, acting through the Director of
Counterintelligence, first completes a security clearance
investigation with respect to that individual in a manner at
least as comprehensive as the investigation required for the
issuance of a security clearance at the level required for such
access under the rules and regulations of the Department; or
(2) a foreign government first completes a security
clearance investigation with respect to that individual in a
manner that the Secretary of State, pursuant to an
international agreement between the United States and that
foreign government, determines is equivalent to the
investigation required for the issuance of a security clearance
at the level required for such access under the rules and
regulations of the Department.
(b) Effect on Current Employees.--The Secretary shall ensure that
any individual who, on the date of the enactment of this Act, is a
citizen of a foreign nation and an employee of the Department or of a
contractor of the Department is not discharged from such employment as
a result of this section before the completion of the security
clearance investigation of such individual under subsection (a) unless
the Director of Counterintelligence determines that such discharge is
necessary for the national security of the United States.
SEC. 3192. ANNUAL REPORT ON SECURITY AND COUNTERINTELLIGENCE STANDARDS
AT NATIONAL LABORATORIES AND OTHER DEFENSE FACILITIES OF
THE DEPARTMENT OF ENERGY.
(a) Report on Security and Counterintelligence Standards at
National Laboratories and Other DOE Defense Facilities.--Not later than
March 1 of each year, the Secretary of Energy, acting through the
Director of Counterintelligence of the Department of Energy, shall
submit a report on the security and counterintelligence standards at
the national laboratories, and other facilities of the Department of
Energy engaged in the defense activities of the Department, to the
following:
(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(b) Contents of Report.--The report shall be in classified form and
shall contain, for each such national laboratory or facility, the
following information:
(1) A description of all security measures that are in
place to prevent access by unauthorized individuals to
classified information of the national laboratory or facility.
(2) A certification by the Director of Counterintelligence
of the Department of Energy as to whether--
(A) all security measures are in place to prevent
access by unauthorized individuals to classified
information of the national laboratory or facility; and
(B) such security measures comply with Presidential
Decision Directives and other applicable Federal
requirements relating to the safeguarding and security
of classified information.
(3) For each admission of an individual under section 3190
not described in a previous report under this section, the
identity of that individual, and whether the background review
required by that section determined that information relevant
to security exists with respect to that individual.
SEC. 3193. REPORT ON SECURITY VULNERABILITIES OF NATIONAL LABORATORY
COMPUTERS.
(a) Report Required.--Not later than March 1 of each year, the
National Counterintelligence Policy Board shall prepare a report, in
consultation with the Director of Counterintelligence of the Department
of Energy, on the security vulnerabilities of the computers of the
national laboratories.
(b) Preparation of Report.--In preparing the report, the National
Counterintelligence Policy Board shall establish a so-called ``red
team'' of individuals to perform an operational evaluation of the
security vulnerabilities of the computers of the national laboratories,
including by direct experimentation. Such individuals shall be selected
by the National Counterintelligence Policy Board from among employees
of the Department of Defense, the National Security Agency, the Central
Intelligence Agency, the Federal Bureau of Investigation, and of other
agencies, and may be detailed to the National Counterintelligence
Policy Board from such agencies without reimbursement and without
interruption or loss of civil service status or privilege.
(c) Submission of Report to Secretary of Energy and to FBI
Director.--Not later than March 1 of each year, the report shall be
submitted in classified and unclassified form to the Secretary of
Energy and the Director of the Federal Bureau of Investigation.
(d) Forwarding to Congressional Committees.--Not later than 30 days
after the report is submitted, the Secretary and the Director shall
each separately forward that report, with the recommendations in
classified and unclassified form of the Secretary or the Director, as
applicable, in response to the findings of that report, to the
following:
(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 3194. GOVERNMENT ACCESS TO CLASSIFIED INFORMATION ON DEPARTMENT OF
ENERGY DEFENSE-RELATED COMPUTERS.
(a) Procedures Required.--The Secretary of Energy shall establish
procedures to govern access to classified information on DOE defense-
related computers. Those procedures shall, at a minimum, provide that
each employee of the Department of Energy who requires access to
classified information shall be required as a condition of such access
to provide to the Secretary written consent which permits access by an
authorized investigative agency to any DOE defense-related computer
used in the performance of the defense-related duties of such employee
during the period of that employee's access to classified information
and for a period of three years thereafter.
(b) Expectation of Privacy in DOE Defense-Related Computers.--
Notwithstanding any other provision of law (including any provision of
law enacted by the Electronic Communications Privacy Act of 1986), no
user of a DOE defense-related computer shall have any expectation of
privacy in the use of that computer.
(c) Definitions.--For purposes of this section:
(1) The term `DOE defense-related computer'' means a
computer of the Department of Energy or a Department of Energy
contractor that is used, in whole or in part, for a Department
of Energy defense-related activity.
(2) The term ``computer'' means an electronic, magnetic,
optical, electrochemical, or other high-speed data processing
device performing logical, arithmetic, or storage functions,
and includes any data storage facility or communications
facility directly related to, or operating in conjunction with,
such device.
(3) The term ``authorized investigative agency'' means an
agency authorized by law or regulation to conduct a
counterintelligence investigation or investigations of persons
who are proposed for access to classified information to
ascertain whether such persons satisfy the criteria for
obtaining and retaining access to such information.
(4) The term ``classified information'' means any
information that has been determined pursuant to Executive
Order No. 12356 of April 2, 1982, or successor orders, or the
Atomic Energy Act of 1954, to require protection against
unauthorized disclosure and that is so designated.
(5) The term ``employee'' includes any person who receives
a salary or compensation of any kind from the Department of
Energy, is a contractor of the Department of Energy or an
employee thereof, is an unpaid consultant of the Department of
Energy, or otherwise acts for or on behalf of the Department of
Energy.
(d) Establishment of Procedures.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Energy shall
prescribe such regulations as may be necessary to implement this
section.
SEC. 3195. DEFINITION OF NATIONAL LABORATORY.
For purposes of this subtitle, the term ``national laboratory''
means any of the following:
(1) The Lawrence Livermore National Laboratory, Livermore,
California.
(2) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
(3) The Sandia National Laboratories, Albuquerque, New
Mexico.
(4) The Oak Ridge National Laboratories, Oak Ridge,
Tennessee.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
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. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. 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. 3303. ELIMINATION OF CONGRESSIONALLY IMPOSED DISPOSAL RESTRICTIONS
ON SPECIFIC STOCKPILE MATERIALS.
Sections 3303 and 3304 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 629) are repealed.
TITLE XXXIV--MARITIME ADMINISTRATION
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2000''.
SEC. 3402. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000.
Funds are hereby authorized to be appropriated, to be available
without fiscal year limitation if so provided in appropriations Acts,
for the use of the Department of Transportation for the Maritime
Administration as follows:
(1) For expenses necessary for operations and training
activities, $79,764,000 for fiscal year 2000.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936 (46
App. U.S.C. 1271 et seq.), $34,893,000 for fiscal year 2000, of
which--
(A) $31,000,000 is for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $3,893,000 is for administrative expenses
related to loan guarantee commitments under the
program.
SEC. 3403. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.
(a) Authority To Hold Obligation Proceeds in Escrow.--Section
1108(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279a(a)) is
amended by striking so much as precedes ``guarantee of an obligation''
and inserting the following:
``(a) Authority To Hold Obligation Proceeds in Escrow.--(1) If the
proceeds of an obligation guaranteed under this title are to be used to
finance the construction, reconstruction, or reconditioning of a vessel
that will serve as security for the guarantee, the Secretary may accept
and hold, in escrow under an escrow agreement with the obligor--
``(A) the proceeds of that obligation, including such
interest as may be earned thereon; and
``(B) if required by the Secretary, an amount equal to 6
month's interest on the obligation.
``(2) The Secretary may release funds held in escrow under
paragraph (1) only if the Secretary determines that--
``(A) the obligor has paid its portion of the actual cost
of construction, reconstruction, or reconditioning; and
``(B) the funds released are needed--
``(i) to pay, or make reimbursements in connection
with payments previously made for work performed in
that construction, reconstruction, or reconditioning;
or
``(ii) to pay for other costs approved by the
Secretary, with respect to the vessel or vessels.
``(3) If the security for the''.
(b) Authority To Hold Obligor's Cash as Collateral.--Title XI of
the Merchant Marine Act, 1936 is amended by inserting after section
1108 the following:
``SEC. 1109. DEPOSIT FUND.
``(a) Establishment of Deposit Fund.--There is established in the
Treasury a deposit fund for purposes of this section. The Secretary
may, in accordance with an agreement under subsection (b), deposit into
and hold in the deposit fund cash belonging to an obligor to serve as
collateral for a guarantee under this title made with respect to the
obligor.
``(b) Agreement.--
``(1) In general.--The Secretary and an obligor shall enter
into a reserve fund or other collateral account agreement to
govern the deposit, withdrawal, retention, use, and
reinvestment of cash of the obligor held in the deposit fund
established by subsection (a).
``(2) Terms.--The agreement shall contain such terms and
conditions as are required under this section and such
additional terms as are considered by the Secretary to be
necessary to protect fully the interests of the United States.
``(3) Security interest of united states.--The agreement
shall include terms that grant to the United States a security
interest in all amounts deposited into the deposit fund.
``(c) Investment.--The Secretary may invest and reinvest any part
of the amounts in the deposit fund established by subsection (a) in
obligations of the United States with such maturities as ensure that
amounts in the deposit fund will be available as required for purposes
of agreements under subsection (b). Cash balances of the deposit fund
in excess of current requirements shall be maintained in a form of
uninvested funds and the Secretary of the Treasury shall pay interest
on these funds.
``(d) Withdrawals.--
``(1) In general.--The cash deposited into the deposit fund
established by subsection (a) may not be withdrawn without the
consent of the Secretary.
``(2) Use of income.--Subject to paragraph (3), the
Secretary may pay any income earned on cash of an obligor
deposited into the deposit fund in accordance with the terms of
the agreement with the obligor under subsection (b).
``(3) Retention against default.--The Secretary may retain
and offset any or all of the cash of an obligor in the deposit
fund, and any income realized thereon, as part of the
Secretary's recovery against the obligor in case of a default
by the obligor on an obligation.''.
SEC. 3404. EXTENSION OF WAR RISK INSURANCE AUTHORITY.
Section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1294)
is amended by striking ``June 30, 2000'' and inserting ``June 30,
2005''.
SEC. 3405. OWNERSHIP OF THE JEREMIAH O'BRIEN.
Section 3302(l)(1)(C) of title 46, United States Code, is amended
by striking ``owned by the United States Maritime Administration'' and
inserting ``owned by the National Liberty Ship Memorial, Inc.''.
TITLE XXXV--PANAMA CANAL COMMISSION
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 2000''.
SEC. 3502. 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 fiscal year
2000 until the termination of the Panama Canal Treaty of 1977.
(b) Limitations.--Until noon on December 31, 1999, the Panama Canal
Commission may expend from funds in the Panama Canal Revolving Fund not
more than $100,000 for official reception and representation expenses,
of which--
(1) not more than $28,000 may be used for official
reception and representation expenses of the Supervisory Board
of the Commission;
(2) not more than $14,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $58,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds available to
the Panama Canal Commission shall be available for the purchase and
transportation to the Republic of Panama of passenger motor vehicles
built in the United States, the purchase price of which shall not
exceed $26,000 per vehicle.
SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION.
(a) Expenditures From Panama Canal Commission Dissolution Fund.--
Section 1305(c)(5) of the Panama Canal Act of 1979 (22 U.S.C.
3714a(c)(5)) is amended by inserting ``(A)'' after ``(5)'' and by
adding at the end the following:
``(B) The office established by subsection (b) is authorized to
expend or obligate funds from the Fund for the purposes enumerated in
clauses (i) and (ii) of paragraph (2)(A) until October 1, 2004.''.
(b) Operation of the Office of Transition Administration.--
(1) In general.--The Panama Canal Act of 1979 (22 U.S.C.
3601 et seq.) shall continue to govern the Office of Transition
Administration until October 1, 2004.
(2) Procurement.--For purposes of exercising authority
under the procurement laws of the United States, the director
of such office shall have the status of the head of an agency.
(3) Offices.--The Office of Transition Administration shall
have offices in the Republic of Panama and in the District of
Columbia. Section 1110(b)(1) of the Panama Canal Act of 1973
(22 U.S.C. 3620(b)(1)) does not apply to such office in the
Republic of Panama.
(4) Effective date.--This subsection shall be effective on
and after the termination of the Panama Canal Treaty of 1977.
(c) Office of Transition Administration Defined.--In this section
the term ``Office of Transition Administration'' means the office
established under section 1305 of the Panama Canal Act of 1979 (22
U.S.C. 3714a) to close out the affairs of the Panama Canal Commission.
Passed the Senate May 27, 1999.
Attest:
GARY SISCO,
Secretary.
Passed the House of Representatives June 14, 1999.
Attest:
JEFF TRANDAHL,
Clerk.