[106th Congress Public Law 65]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ065.106]


[[Page 511]]

         NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000

[[Page 113 STAT. 512]]

Public Law 106-65
106th Congress

                                 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. <<NOTE: Oct. 5, 1999 -  [S. 1059]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Defense 
Authorization Act for Fiscal Year 2000.>> 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.

                        Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for certain Army programs.
Sec. 112. Procurement requirements for the Family of Medium Tactical 
           Vehicles.
Sec. 113. Army aviation modernization.
Sec. 114. Multiple Launch Rocket System.
Sec. 115. Extension of pilot program on sales of manufactured articles 
           and services of certain Army industrial facilities without 
           regard to availability from domestic sources.
Sec. 116. Extension of authority to carry out Armament Retooling and 
           Manufacturing Support Initiative.

[[Page 113 STAT. 513]]

                        Subtitle C--Navy Programs

Sec. 121. F/A-18E/F Super Hornet aircraft program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Repeal of requirement for annual report from shipbuilders 
           under certain nuclear attack submarine programs.
Sec. 124. LHD-8 amphibious assault ship program.
Sec. 125. D-5 missile program.

                     Subtitle D--Air Force Programs

Sec. 131. F-22 aircraft program.
Sec. 132. Replacement options for conventional air-launched cruise 
           missile.
Sec. 133. Procurement of firefighting equipment for the Air National 
           Guard and the Air Force Reserve.
Sec. 134. F-16 tactical manned reconnaisance aircraft.

           Subtitle E--Chemical Stockpile Destruction Program

Sec. 141. Destruction of existing stockpile of lethal chemical agents 
           and munitions.
Sec. 142. Comptroller General report on anticipated effects of proposed 
           changes in operation of storage sites for lethal chemical 
           agents and munitions.

          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. Sense of Congress regarding defense science and technology 
           program.
Sec. 213. Micro-satellite technology development program.
Sec. 214. Space control technology.
Sec. 215. Space maneuver vehicle program.
Sec. 216. Manufacturing technology program.
Sec. 217. Revision to limitations on high altitude endurance unmanned 
           vehicle program.

                  Subtitle C--Ballistic Missile Defense

Sec. 231. Space Based Infrared System (SBIRS) low program.
Sec. 232. Theater missile defense upper tier acquisition strategy.
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense 
           (THAAD) system.
Sec. 234. Space-based laser program.
Sec. 235. Criteria for progression of airborne laser program.
Sec. 236. Sense of Congress regarding ballistic missile defense 
           technology funding.
Sec. 237. Report on national missile defense.

Subtitle D--Research and Development for Long-Term Military Capabilities

Sec. 241. Quadrennial report on emerging operational concepts.
Sec. 242. Technology area review and assessment.
Sec. 243. Report by Under Secretary of Defense for Acquisition, 
           Technology, and Logistics.
Sec. 244. DARPA program for award of competitive prizes to encourage 
           development of advanced technologies.
Sec. 245. Additional pilot program for revitalizing Department of 
           Defense laboratories.

                        Subtitle E--Other Matters

Sec. 251. Development of Department of Defense laser master plan and 
           execution of solid state laser program.
Sec. 252. Report on Air Force distributed mission training.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Transfer to Defense Working Capital Funds to support Defense 
           Commissary Agency.

[[Page 113 STAT. 514]]

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 311. Armed Forces Emergency Services.
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne 
           Division.
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program.
Sec. 314. Contributions for Spirit of Hope endowment fund of United 
           Service Organizations, Incorporated.

                  Subtitle C--Environmental Provisions

Sec. 321. Extension of limitation on payment of fines and penalties 
           using funds in environmental restoration accounts.
Sec. 322. Modification of requirements for annual reports on 
           environmental compliance activities.
Sec. 323. Defense environmental technology program and investment 
           control process for environmental technologies.
Sec. 324. Modification of membership of Strategic Environmental Research 
           and Development Program Council.
Sec. 325. Extension of pilot program for sale of air pollution emission 
           reduction incentives.
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum 
           Superfund Site, Fresno, California.
Sec. 327. Payment of stipulated penalties assessed under CERCLA in 
           connection with F.E. Warren Air Force Base, Wyoming.
Sec. 328. Remediation of asbestos and lead-based paint.
Sec. 329. Release of information to foreign countries regarding any 
           environmental contamination at former United States military 
           installations in those countries.
Sec. 330. Toussaint River ordnance mitigation study.

                   Subtitle D--Depot-Level Activities

Sec. 331. Sales of articles and services of defense industrial 
           facilities to purchasers outside the Department of Defense.
Sec. 332. Contracting authority for defense working capital funded 
           industrial facilities.
Sec. 333. Annual reports on expenditures for performance of depot-level 
           maintenance and repair workloads by public and private 
           sectors.
Sec. 334. Applicability of competition requirement in contracting out 
           workloads performed by depot-level activities of Department 
           of Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for 
           performance of depot-level maintenance and repair workloads 
           formerly performed at certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract 
           for depot-level maintenance and repair is entered into.

     Subtitle E--Performance of Functions by Private-Sector Sources

Sec. 341. Reduced threshold for consideration of effect on local 
           community of changing defense functions to private sector 
           performance.
Sec. 342. Congressional notification of A-76 cost comparison waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide 
           services to Department of Defense.
Sec. 344. Evaluation of Total System Performance Responsibility Program.
Sec. 345. Sense of Congress regarding process for modernization of Army 
           computer services.

                Subtitle F--Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit 
           dependents of members of the Armed Forces and Department of 
           Defense civilian employees.
Sec. 352. Unified school boards for all Department of Defense domestic 
           dependent schools in the Commonwealth of Puerto Rico and 
           Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic 
           dependent elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents' Education Act of 
           1978.

                  Subtitle G--Military Readiness Issues

Sec. 361. Independent study of military readiness reporting system.
Sec. 362. Independent study of Department of Defense secondary inventory 
           and parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department 
           restructured sustainment and reengineered logistics product 
           support practices.
Sec. 365. Comptroller General review of real property maintenance and 
           its effect on readiness.

[[Page 113 STAT. 515]]

Sec. 366. Establishment of logistics standards for sustained military 
           operations.

                Subtitle H--Information Technology Issues

Sec. 371. Discretionary authority to install telecommunication equipment 
           for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated 
           teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of Defense.
Sec. 374. Report on Defense use of Smart Card as PKI authentication 
           device carrier.

                        Subtitle I--Other Matters

Sec. 381. Authority to lend or donate obsolete or condemned rifles for 
           funeral and other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United 
           States Soldiers' and Airmen's Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States 
           Soldiers' and Airmen's Home.
Sec. 385. 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.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to 
           be on active duty in support of the Reserves.
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. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on 
           active-duty list in frocked grades of brigadier general and 
           rear admiral (lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection 
           for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of 
           inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below 
           the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability 
           of restriction on holding of civil office by retired regular 
           officers and reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree 
           limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint 
           4-star officer positions.

             Subtitle B--Reserve Component Personnel Policy

Sec. 511. Continuation of officers 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. Exclusion of reserve officers on educational delay from 
           eligibility for consideration for promotion.
Sec. 514. Extension of period for retention of reserve component majors 
           and lieutenant commanders who twice fail of selection for 
           promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required 
           travel on military aircraft for reserves performing inactive-
           duty training outside the continental United States.

[[Page 113 STAT. 516]]

                    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. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and 
           Dean of the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service 
           academies of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs 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 confer graduate-level degrees.
Sec. 544. Reserve credit for participation in health professions 
           scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for 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.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill 
           liabilities.

                Subtitle F--Reserve Component Management

Sec. 551. Financial assistance program for pursuit of degrees by officer 
           candidates in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag 
           officers.
Sec. 554. Grade of chiefs of reserve components and additional general 
           officers at the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active 
           duty in support of preparedness for responses to emergencies 
           involving weapons of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure 
           for support of provision of services to veterans.

           Subtitle G--Decorations, Awards, and Commendations

Sec. 561. Waiver of time limitations for award of certain decorations to 
           certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for 
           valor during the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of 
           military decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential Unit Citation for 
           crew of the U.S.S. Indianapolis.

                Subtitle H--Matters Related to Recruiting

Sec. 571. Access to secondary school students for military recruiting 
           purposes.
Sec. 572. Increased authority to extend delayed entry period for 
           enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations purposes.

[[Page 113 STAT. 517]]

             Subtitle I--Matters Relating to Missing Persons

Sec. 575. Nondisclosure of debriefing information on certain missing 
           persons previously returned to United States control.
Sec. 576. Recovery and identification of remains of certain World War II 
           servicemen lost in Pacific Theater of Operations.

                        Subtitle J--Other Matters

Sec. 577. Authority for special courts-martial to impose sentences to 
           confinement and forfeitures of pay of up to one year.
Sec. 578. Funeral honors details for funerals of veterans.
Sec. 579. Purpose and funding limitations for National Guard Challenge 
           program.
Sec. 580. Department of Defense Starbase program.
Sec. 581. Survey of members leaving military service on attitudes toward 
           military service.
Sec. 582. Service review agencies covered by professional staffing 
           requirement.
Sec. 583. Participation of members in management of organizations abroad 
           that promote international understanding.
Sec. 584. Support for expanded child care services and youth program 
           services for dependents.
Sec. 585. Report and regulations on Department of Defense policies on 
           protecting the confidentiality of communications with 
           professionals providing therapeutic or related services 
           regarding sexual or domestic abuse.
Sec. 586. Members under burdensome personnel tempo.

                      Subtitle K--Domestic Violence

Sec. 591. Defense task force on domestic violence.
Sec. 592. Incentive program for improving responses to domestic violence 
           involving members of the Armed Forces and military family 
           members.
Sec. 593. Uniform Department of Defense policies for responses to 
           domestic violence.
Sec. 594. Central Department of Defense database on domestic violence 
           incidents.

           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 2001 through 2006.
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. Amount of 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. Additional special pay for board certified veterinarians in 
           the Armed Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to 
           high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill 
           for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment 
           bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified 
           officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign 
           language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers 
           extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.

[[Page 113 STAT. 518]]

Sec. 629. 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. Destination airport for emergency leave travel to continental 
           United States.

                     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 Matters Relating to Military Retirees and Survivors

Sec. 651. Repeal of reduction in retired pay for military retirees 
           employed in civilian positions.
Sec. 652. Presentation of United States flag to retiring members of the 
           uniformed services not previously covered.
Sec. 653. Disability retirement or separation for certain members with 
           pre-existing conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-
           up premium paid by persons electing SBP coverage during 
           special open enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection 
           Plan.
Sec. 656. Extension of authority for payment of annuities to certain 
           military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when 
           not elected by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services 
           retirees.

    Subtitle F--Eligibility To Participate in the Thrift Savings Plan

Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.

                        Subtitle G--Other Matters

Sec. 671. Payment for unused leave in conjunction with a reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians 
           (dual status) serving on active duty without pay outside the 
           United States.
Sec. 673. Annual report on effects of initiatives on recruitment and 
           retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency 
           operation.
Sec. 676. Administration of Selected Reserve education loan repayment 
           program for Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue 
           Code of members receiving hostile fire or imminent danger 
           special pay during contingency operations.

                    TITLE VII--HEALTH CARE PROVISIONS

                    Subtitle A--Health Care Services

Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain 
           CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries 
           on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities 
           for active duty members stationed at certain remote 
           locations.
Sec. 707. Open enrollment demonstration program.

                       Subtitle B--TRICARE Program

Sec. 711. Expansion and revision of authority for dental programs for 
           dependents and reserves.
Sec. 712. Improvement of access to health care under the TRICARE 
           program.

[[Page 113 STAT. 519]]

Sec. 713. Improvements to claims processing under the TRICARE program.
Sec. 714. Authority to waive certain TRICARE deductibles.
Sec. 715. TRICARE beneficiary counseling and assistance coordinators.
Sec. 716. Improvement of TRICARE management; improvements to third-party 
           payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE 
           program.

                        Subtitle C--Other Matters

Sec. 721. Forensic pathology investigations by Armed Forces Medical 
           Examiner.
Sec. 722. Best value contracting.
Sec. 723. Health care quality information and technology enhancement.
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by 
           the Department of Defense and Department of Veterans Affairs.
Sec. 725. Program-year stability in health care benefits.
Sec. 726. Study on joint operations for the Defense Health Program.
Sec. 727. Trauma training center.
Sec. 728. Sense of Congress regarding automatic enrollment of medicare-
           eligible beneficiaries in the TRICARE Senior Prime 
           demonstration project.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

 Subtitle A--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect 
           to associated services.
Sec. 806. Use of special simplified procedures for purchases of 
           commercial items in excess of the simplified acquisition 
           threshold.
Sec. 807. Repeal of termination of provision of credit towards 
           subcontracting goals for purchases benefiting severely 
           handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain 
           institutions of higher education.
Sec. 809. Required reports for certain multiyear contracts.

                        Subtitle B--Other Matters

Sec. 811. Mentor-Protege Program improvements.
Sec. 812. Program to increase business innovation in defense acquisition 
           programs.
Sec. 813. Incentives to produce innovative new technologies.
Sec. 814. Pilot program for commercial services.
Sec. 815. Expansion of applicability of requirement to make certain 
           procurements from small arms production industrial base.
Sec. 816. Compliance with existing law regarding purchases of equipment 
           and products.
Sec. 817. Extension of test program for negotiation of comprehensive 
           small business subcontracting plans.
Sec. 818. Extension of interim reporting rule for certain procurements 
           less than $100,000.
Sec. 819. Inspector General review of compliance with Buy American Act 
           in purchases of strength training equipment.
Sec. 820. Report on options for accelerated acquisition of precision 
           munitions.
Sec. 821. Technical amendment to prohibition on release of contractor 
           proposals under the Freedom of Information Act.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

          Subtitle A--Department of Defense Strategic Planning

Sec. 901. Permanent requirement for Quadrennial Defense Review.
Sec. 902. Minimum interval for updating and revising Department of 
           Defense strategic plan.

             Subtitle B--Department of Defense Organization

Sec. 911. Responsibility for logistics and sustainment functions of the 
           Department of Defense.

[[Page 113 STAT. 520]]

Sec. 912. Enhancement of technology security program of Department of 
           Defense.
Sec. 913. Efficient utilization of defense laboratories.
Sec. 914. Center for the Study of Chinese Military Affairs.
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security 
           Studies of foreign gifts and donations.

                    Subtitle C--Personnel Management

Sec. 921. Revisions to limitations on number of personnel assigned to 
           major Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations 
           tempo and personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program 
           for military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in 
           defense acquisition workforce.

                        Subtitle D--Other Matters

Sec. 931. Additional matters for annual reports on joint warfighting 
           experimentation.
Sec. 932. Oversight of Department of Defense activities to combat 
           terrorism.
Sec. 933. Responsibilities and accountability for certain financial 
           management functions.
Sec. 934. Management of Civil Air Patrol.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for 
                      fiscal year 1999.
Sec. 1004. Supplemental appropriations request for operations in 
                      Yugoslavia.
Sec. 1005. United States contribution to NATO common-funded budgets in 
                      fiscal year 2000.
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for 
                      fiscal year 2000.
Sec. 1007. Second biennial financial management improvement plan.
Sec. 1008. Waiver authority for requirement that electronic transfer of 
                      funds be used for Department of Defense payments.
Sec. 1009. Single payment date for invoice for various subsistence 
                      items.
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of 
                      maps, charts, and navigational books.

                 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. National Defense Features program.
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship 
                      contractors.
Sec. 1017. Transfer of naval vessel to foreign country.
Sec. 1018. Authority to transfer naval vessels to certain foreign 
                      countries.

   Subtitle C--Support for Civilian Law Enforcement and Counter Drug 
                               Activities

Sec. 1021. Modification of limitation on funding assistance for 
                      procurement of equipment for the National Guard 
                      for drug interdiction and counter-drug activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard 
                      authority for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or 
                      threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for 
                      United States Southern Command counter-drug 
                      detection and monitoring flights.
Sec. 1025. Annual report on United States military activities in 
                      Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and 
                      monitoring.

[[Page 113 STAT. 521]]

Sec. 1027. Plan regarding assignment of military personnel to assist 
                      Immigration and Naturalization Service and Customs 
                      Service.

        Subtitle D--Miscellaneous Report Requirements and Repeals

Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and 
                      combatant command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to 
                      support National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National 
                      Military Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of 
                      Consequence Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget 
                      submission for fiscal year 2001.
Sec. 1039. Report on NATO Defense Capabilities Initiative.
Sec. 1040. Report on motor vehicle violations by operators of official 
                      Army vehicles.

                    Subtitle E--Information Security

Sec. 1041. Identification in budget materials of amounts for 
                      declassification activities and limitation on 
                      expenditures for such activities.
Sec. 1042. Notice to congressional committees of certain security and 
                      counterintelligence failures within defense 
                      programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas, 
                      sensitive, or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National 
                      Imagery and Mapping Agency.

             Subtitle F--Memorial Objects and Commemorations

Sec. 1051. Moratorium on the return of veterans memorial objects to 
                      foreign nations without specific authorization in 
                      law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.

                        Subtitle G--Other Matters

Sec. 1061. Defense Science Board task force on use of television and 
                      radio as a propaganda instrument in time of 
                      military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of 
                      1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National 
                      Security of the House of Representatives to 
                      Committee on Armed Services.

           TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Sec. 1101. Accelerated implementation of voluntary early retirement 
                      authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive 
                      employees.
Sec. 1103. Restoration of leave of emergency essential employees serving 
                      in a combat zone.
Sec. 1104. Extension of certain temporary authorities to provide 
                      benefits for employees in connection with defense 
                      workforce reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve 
                      technicians on active duty in support of combat 
                      operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under 
                      section 6323 of title 5, United States Code, may 
                      be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff 
                      of the Uniformed Services University of the Health 
                      Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain 
                      workforce management restrictions.

[[Page 113 STAT. 522]]

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

     Subtitle A--Matters Relating to the People's Republic of China

Sec. 1201. Limitation on military-to-military exchanges and contacts 
                      with Chinese People's Liberation Army.
Sec. 1202. Annual report on military power of the People's Republic of 
                      China.

               Subtitle B--Matters Relating to the Balkans

Sec. 1211. Department of Defense report on the conduct of Operation 
                      Allied Force and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution 
                      of war crimes, genocide, and crimes against 
                      humanity in the former Republic of Yugoslavia.

          Subtitle C--Matters Relating to NATO and Other Allies

Sec. 1221. Legal effect of the new Strategic Concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater 
                      wars.
Sec. 1223. Attendance at professional military education schools by 
                      military personnel of the new member nations of 
                      NATO.

                        Subtitle D--Other Matters

Sec. 1231. Multinational economic embargoes against governments in armed 
                      conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during 
                      fiscal year 2000 and congressional notice of 
                      deployments to Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions 
                      against Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical 
                      overseas missions involving United States combat 
                      forces.

   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 until submission of report.
Sec. 1307. Limitation on use of funds until submission of multiyear 
                      plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United 
                      States assistance under Cooperative Threat 
                      Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.

              TITLE XIV--PROLIFERATION AND EXPORT CONTROLS

Sec. 1401. Adherence of People's Republic of China to Missile Technology 
                      Control Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology 
                      to countries and entities of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted 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. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department 
                      of State.
Sec. 1411. Enhanced intelligence consultation on satellite license 
                      applications.
Sec. 1412. Investigations of violations of export controls by United 
                      States satellite manufacturers.

[[Page 113 STAT. 523]]

         TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS

Sec. 1501. Revision to limitation on retirement or dismantlement of 
                      strategic nuclear delivery systems.
Sec. 1502. Sense of Congress on strategic arms reductions.
Sec. 1503. Report on strategic stability under START III.
Sec. 1504. Counterproliferation Program Review Committee.
Sec. 1505. Support of United Nations-sponsored efforts to inspect and 
                      monitor Iraqi weapons activities.

               TITLE XVI--NATIONAL SECURITY SPACE MATTERS

               Subtitle A--Space Technology Guide; Reports

Sec. 1601. Space technology guide.
Sec. 1602. Report on vulnerabilities of United States space assets.
Sec. 1603. Report on space launch failures.
Sec. 1604. Report on Air Force space launch facilities.

              Subtitle B--Commercial Space Launch Services

Sec. 1611. Sense of Congress regarding United States-Russian cooperation 
                      in commercial space launch services.
Sec. 1612. Sense of Congress concerning United States commercial space 
                      launch capacity.

 Subtitle C--Commission To Assess United States National Security Space 
                       Management and Organization

Sec. 1621. Establishment of commission.
Sec. 1622. Duties of commission.
Sec. 1623. Report.
Sec. 1624. Assessment by the Secretary of Defense.
Sec. 1625. Powers.
Sec. 1626. Commission procedures.
Sec. 1627. Personnel matters.
Sec. 1628. Miscellaneous administrative provisions.
Sec. 1629. Funding.
Sec. 1630. Termination of the commission.

                 TITLE XVII--TROOPS-TO-TEACHERS PROGRAM

Sec. 1701. Short title; definitions.
Sec. 1702. Authorization of Troops-to-Teachers Program.
Sec. 1703. Eligible members of the Armed Forces.
Sec. 1704. Selection of participants.
Sec. 1705. Stipend and bonus for participants.
Sec. 1706. Participation by States.
Sec. 1707. Termination of original program; transfer of functions.
Sec. 1708. Reporting requirements.
Sec. 1709. Funds for fiscal year 2000.

            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.

[[Page 113 STAT. 524]]

Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997 
           project.
Sec. 2206. Authorization to accept electrical substation improvements, 
           Guam.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
                      projects.
Sec. 2402. 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.
Sec. 2602. Modification of authority to carry out fiscal year 1998 
                      project.

         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. Exemption from notice and wait requirements of military 
                      construction projects supported by burdensharing 
                      funds undertaken for war or national emergency.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Expansion of entities eligible to participate in alternative 
                      authority for acquisition and improvement of 
                      military housing.
Sec. 2804. Restriction on authority to acquire or construct ancillary 
                      supporting facilities for housing units.
Sec. 2805. Planning and design for military construction projects for 
                      reserve components.
Sec. 2806. Modification of limitations on reserve component facility 
                      projects for certain safety projects.
Sec. 2807. Sense of Congress on use of incremental funding to carry out 
                      military construction projects.

         Subtitle B--Real Property and Facilities Administration

Sec. 2811. Extension of authority for lease of real property for special 
                      operations activities.

[[Page 113 STAT. 525]]

Sec. 2812. Enhancement of authority relating to utility privatization.
Sec. 2813. Acceptance of funds to cover administrative expenses relating 
                      to certain real property transactions.
Sec. 2814. Operations of Naval Academy dairy farm.
Sec. 2815. Study and report on impacts to military readiness of proposed 
                      land management changes on public lands in Utah.
Sec. 2816. Designation of missile intelligence building at Redstone 
                      Arsenal, Alabama, as the Richard C. Shelby Center 
                      for Missile Intelligence.

            Subtitle C--Defense Base Closure and Realignment

Sec. 2821. Economic development conveyances of base closure property.
Sec. 2822. 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 exchange, Rock Island Arsenal, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Bangor, Maine.
Sec. 2834. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2835. Land conveyance, Army Reserve Center, Cannon Falls, 
                      Minnesota.
Sec. 2836. Land conveyance, Army Maintenance Support Activity (Marine) 
                      Number 84, Marcus Hook, Pennsylvania.
Sec. 2837. Land conveyances, Army docks and related property, Alaska.
Sec. 2838. Land conveyance, Fort Huachuca, Arizona.
Sec. 2839. Land conveyance, Nike Battery 80 family housing site, East 
                      Hanover Township, New Jersey.
Sec. 2840. Land conveyances, Twin Cities Army Ammunition Plant, 
                      Minnesota.
Sec. 2841. Repair and conveyance of Red Butte Dam and Reservoir, Salt 
                      Lake City, Utah.
Sec. 2842. Modification of land conveyance, Joliet Army Ammunition 
                      Plant, Illinois.

                        Part II--Navy Conveyances

Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No. 
                      387, Dallas, Texas.
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point, 
                      North Carolina.
Sec. 2853. Land conveyance, Newport, Rhode Island.
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida.
Sec. 2855. One-year delay in demolition of radio transmitting facility 
                      towers at Naval Station, Annapolis, Maryland, to 
                      facilitate conveyance of towers.
Sec. 2856. Clarification of land exchange, Naval Reserve Readiness 
                      Center, Portland, Maine.
Sec. 2857. Revision to lease authority, Naval Air Station, Meridian, 
                      Mississippi.
Sec. 2858. Land conveyances, Norfolk, Virginia.

                     Part III--Air Force Conveyances

Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, 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. Acceptance of guarantees in connection with gifts to military 
                      service academies.
Sec. 2872. Acquisition of State-held inholdings, east range of Fort 
                      Huachuca, Arizona.
Sec. 2873. Enhancement of Pentagon renovation activities.

          Subtitle F--Expansion of Arlington National Cemetery

Sec. 2881. Transfer from Navy Annex, Arlington, Virginia.
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia.

           TITLE XXIX--COMMISSION ON NATIONAL MILITARY MUSEUM

Sec. 2901. Establishment.
Sec. 2902. Duties of Commission.

[[Page 113 STAT. 526]]

Sec. 2903. Report.
Sec. 2904. Powers.
Sec. 2905. Commission procedures.
Sec. 2906. Personnel matters.
Sec. 2907. Miscellaneous administrative provisions.
Sec. 2908. Funding.
Sec. 2909. Termination of Commission.

                  TITLE XXX--MILITARY LAND WITHDRAWALS

Sec. 3001. Short title.

                    Subtitle A--Withdrawals Generally

Sec. 3011. Withdrawals.
Sec. 3012. Maps and legal descriptions.
Sec. 3013. Termination of withdrawals in Military Lands Withdrawal Act 
           of 1986.
Sec. 3014. Management of lands.
Sec. 3015. Duration of withdrawal and reservation.
Sec. 3016. Extension of initial withdrawal and reservation.
Sec. 3017. Ongoing decontamination.
Sec. 3018. Delegation.
Sec. 3019. Water rights.
Sec. 3020. Hunting, fishing, and trapping.
Sec. 3021. Mining and mineral leasing.
Sec. 3022. Use of mineral materials.
Sec. 3023. Immunity of United States.

                   Subtitle B--Withdrawals in Arizona

Sec. 3031. Barry M. Goldwater Range, Arizona.
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and 
                      Cabeza Prieta Wilderness.
Sec. 3033. Maps and legal description.
Sec. 3034. Water rights.
Sec. 3035. Hunting, fishing, and trapping.
Sec. 3036. Use of mineral materials.
Sec. 3037. Immunity of United States.

               Subtitle C--Authorization of Appropriations

Sec. 3041. Authorization of appropriations.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.

                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
                      activities.
Sec. 3127. Funds available for all national security programs of the 
                      Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.

    Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Prohibition on use of funds for certain activities under 
                      formerly utilized site remedial action program.

[[Page 113 STAT. 527]]

Sec. 3132. Continuation of processing, treatment, and disposition of 
                      legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Procedures for meeting tritium production requirements.
Sec. 3135. Independent cost estimate of accelerator production of 
                      tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Sec. 3137. Support of theater ballistic missile defense activities of 
                      the Department of Defense.

       Subtitle D--Matters Relating to Safeguards, Security, and 
                           Counterintelligence

Sec. 3141. Short title.
Sec. 3142. Commission on Safeguards, Security, and Counterintelligence 
                      at Department of Energy facilities.
Sec. 3143. Background investigations of certain personnel at Department 
                      of Energy facilities.
Sec. 3144. Conduct of security clearances.
Sec. 3145. Protection of classified information during laboratory-to-
                      laboratory exchanges.
Sec. 3146. Restrictions on access to national laboratories by foreign 
                      visitors from sensitive countries.
Sec. 3147. Department of Energy regulations relating to the safeguarding 
                      and security of Restricted Data.
Sec. 3148. Increased penalties for misuse of Restricted Data.
Sec. 3149. Supplement to plan for declassification of Restricted Data 
                      and formerly Restricted Data.
Sec. 3150. Notice to congressional committees of certain security and 
                      counterintelligence failures within nuclear energy 
                      defense programs.
Sec. 3151. Annual report by the President on espionage by the People's 
                      Republic of China.
Sec. 3152. Report on counterintelligence and security practices at 
                      national laboratories.
Sec. 3153. Report on security vulnerabilities of national laboratory 
                      computers.
Sec. 3154. Counterintelligence polygraph program.
Sec. 3155. Definitions of national laboratory and nuclear weapons 
                      production facility.
Sec. 3156. Definition of Restricted Data.

                Subtitle E--Matters Relating to Personnel

Sec. 3161. Extension of authority of Department of Energy to pay 
                      voluntary separation incentive payments.
Sec. 3162. Fellowship program for development of skills critical to the 
                      Department of Energy nuclear weapons complex.
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of 
                      Defense and Department of Energy.
Sec. 3164. Whistleblower protection program.

                        Subtitle F--Other Matters

Sec. 3171. Requirement for plan to improve reprogramming processes.
Sec. 3172. Integrated fissile materials management plan.
Sec. 3173. Identification in budget materials of amounts for 
                      declassification activities and limitation on 
                      expenditures for such activities.
Sec. 3174. Sense of Congress regarding technology transfer coordination 
                      for Department of Energy national laboratories.
Sec. 3175. Pilot program for project management oversight regarding 
                      Department of Energy construction projects.
Sec. 3176. Pilot program of Department of Energy to authorize use of 
                      prior year unobligated balances for accelerated 
                      site cleanup at Rocky Flats Environmental 
                      Technology Site, Colorado.
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats 
                      Environmental Technology Site, Colorado, to Waste 
                      Isolation Pilot Plant, New Mexico.
Sec. 3178. Comptroller General report on closure of Rocky Flats 
                      Environmental Technology Site, Colorado.
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New 
                      Mexico.

          TITLE XXXII--NATIONAL NUCLEAR SECURITY ADMINISTRATION

Sec. 3201. Short title.

[[Page 113 STAT. 528]]

Sec. 3202. Under Secretary for Nuclear Security of Department of Energy.
Sec. 3203. Establishment of policy for National Nuclear Security 
                      Administration.
Sec. 3204. Organization of Department of Energy counterintelligence and 
                      intelligence programs and activities.

               Subtitle A--Establishment and Organization

Sec. 3211. Establishment and mission.
Sec. 3212. Administrator for Nuclear Security.
Sec. 3213. Status of Administration and contractor personnel within 
                      Department of Energy.
Sec. 3214. Deputy Administrator for Defense Programs.
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation.
Sec. 3216. Deputy Administrator for Naval Reactors.
Sec. 3217. General Counsel.
Sec. 3218. Staff of Administration.

                Subtitle B--Matters Relating to Security

Sec. 3231. Protection of national security information.
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of 
                      Defense Nuclear Security.
Sec. 3233. Counterintelligence programs.
Sec. 3234. Procedures relating to access by individuals to classified 
                      areas and information of Administration.
Sec. 3235. Government access to information on Administration computers.
Sec. 3236. Congressional oversight of special access programs.

                Subtitle C--Matters Relating to Personnel

Sec. 3241. Authority to establish certain scientific, engineering, and 
                      technical positions.
Sec. 3242. Voluntary early retirement authority.
Sec. 3243. Severance pay.
Sec. 3244. Continued coverage of health care benefits.

               Subtitle D--Budget and Financial Management

Sec. 3251. Separate treatment in budget.
Sec. 3252. Planning, programming, and budgeting process.
Sec. 3253. Future-years nuclear security program.

                  Subtitle E--Miscellaneous Provisions

Sec. 3261. Environmental protection, safety, and health requirements.
Sec. 3262. Compliance with Federal Acquisition Regulation.
Sec. 3263. Sharing of technology with Department of Defense.
Sec. 3264. Use of capabilities of national security laboratories by 
                      entities outside the Administration.

                         Subtitle F--Definitions

Sec. 3281. Definitions.

Subtitle G--Amendatory Provisions, Transition Provisions, and Effective 
                                  Dates

Sec. 3291. Functions transferred.
Sec. 3292. Transfer of funds and employees.
Sec. 3293. Pay levels.
Sec. 3294. Conforming amendments.
Sec. 3295. Transition provisions.
Sec. 3296. Applicability of preexisting laws and regulations.
Sec. 3297. Report containing implementation plan of Secretary of Energy.
Sec. 3298. Classification in United States Code.
Sec. 3299. Effective dates.

          TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3301. Authorization.

                 TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.

[[Page 113 STAT. 529]]

Sec. 3402. Disposal of certain materials in National Defense Stockpile.
Sec. 3403. Limitations on previous authority for disposal of stockpile 
                      materials.

                   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. 3505. Expenditures only in accordance with treaties.

                  TITLE XXXVI--MARITIME ADMINISTRATION

Sec. 3601. Short title.
Sec. 3602. Authorization of appropriations for fiscal year 2000.
Sec. 3603. Extension of war risk insurance authority.
Sec. 3604. Ownership of the JEREMIAH O'BRIEN.

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.
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.

                        Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for certain Army programs.
Sec. 112. Procurement requirements for the Family of Medium Tactical 
           Vehicles.
Sec. 113. Army aviation modernization.
Sec. 114. Multiple Launch Rocket System.
Sec. 115. Extension of pilot program on sales of manufactured articles 
           and services of certain Army industrial facilities without 
           regard to availability from domestic sources.
Sec. 116. Extension of authority to carry out Armament Retooling and 
           Manufacturing Support Initiative.

                        Subtitle C--Navy Programs

Sec. 121. F/A-18E/F Super Hornet aircraft program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Repeal of requirement for annual report from shipbuilders 
           under certain nuclear attack submarine programs.
Sec. 124. LHD-8 amphibious assault ship program.
Sec. 125. D-5 missile program.

                     Subtitle D--Air Force Programs

Sec. 131. F-22 aircraft program.
Sec. 132. Replacement options for conventional air-launched cruise 
           missile.

[[Page 113 STAT. 530]]

Sec. 133. Procurement of firefighting equipment for the Air National 
           Guard and the Air Force Reserve.
Sec. 134. F-16 tactical manned reconnaisance aircraft.

           Subtitle E--Chemical Stockpile Destruction Program

Sec. 141. Destruction of existing stockpile of lethal chemical agents 
           and munitions.
Sec. 142. Comptroller General report on anticipated effects of proposed 
           changes in operation of storage sites for lethal chemical 
           agents and munitions.

               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, $1,459,688,000.
            (2) For missiles, $1,258,298,000.
            (3) For weapons and tracked combat vehicles, $1,571,665,000.
            (4) For ammunition, $1,215,216,000.
            (5) For other procurement, $3,662,921,000.

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, $8,798,784,000.
            (2) For weapons, including missiles and torpedoes, 
        $1,417,100,000.
            (3) For shipbuilding and conversion, $7,016,454,000.
            (4) For other procurement, $4,266,891,000.

    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2000 for procurement for the Marine Corps in the amount 
of $1,296,970,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2000 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $534,700,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2000 
for procurement for the Air Force as follows:
            (1) For aircraft, $9,758,886,000.
            (2) For missiles, $2,395,608,000.
            (3) For ammunition, $467,537,000.
            (4) For other procurement, $7,158,527,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2000 
for Defense-wide procurement in the amount of $2,345,168,000.

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.

[[Page 113 STAT. 531]]

            (3) For the Army Reserve, $10,000,000.
            (4) For the Naval Reserve, $10,000,000.
            (5) For the Air Force Reserve, $10,000,000.
            (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 $1,024,000,000 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.

                        Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN ARMY 
                        PROGRAMS.

    Beginning with the fiscal year 2000 program year, the Secretary of 
the Army may, in accordance with section 2306b of title 10, United 
States Code, enter into multiyear contracts for procurement of the 
following:
            (1) The Javelin missile system.
            (2) M2A3 Bradley fighting vehicles.
            (3) AH-64D Apache Longbow attack helicopters.
            (4) The M1A2 Abrams main battle tank upgrade program 
        combined with the Heavy Assault Bridge program.
SEC. 112. PROCUREMENT REQUIREMENTS FOR THE FAMILY OF MEDIUM 
                        TACTICAL VEHICLES.

    (a) Requirements.--The Secretary of the Army--
            (1) shall use competitive procedures for the award of any 
        contract for procurement of vehicles under the Family of Medium 
        Tactical Vehicles program after completion of the multiyear 
        procurement contract for procurement of vehicles under that 
        program that was awarded on October 14, 1998; and
            (2) may not award a contract to establish a second-source 
        contractor for procurement of the vehicles under the Family of 
        Medium Tactical Vehicles program that are covered by the 
        multiyear procurement contract for that program that was awarded 
        on October 14, 1998.

    (b) Repeal.--Section 112 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
1937) is repealed.

[[Page 113 STAT. 532]]

SEC. 113. ARMY AVIATION MODERNIZATION.

    (a) Helicopter Force Modernization Plan.--The Secretary of the Army 
shall submit to the congressional defense committees a comprehensive 
plan for the modernization of the Army's helicopter forces.
    (b) Required Elements.--The helicopter force modernization plan 
shall include provisions for the following:
            (1) For the AH-64D Apache Longbow program--
                    (A) restoration of the original procurement 
                objective of the program to the procurement of 747 
                aircraft and at least 227 fire control radars;
                    (B) qualification and training of reserve component 
                pilots as augmentation crews to ensure 24-hour 
                warfighting capability in deployed attack helicopter 
                units; and
                    (C) fielding of a sufficient number of aircraft in 
                reserve component aviation units to implement the 
                provisions of the plan required under subparagraph (B).
            (2) For AH-1 Cobra helicopters, retirement of all AH-1 Cobra 
        helicopters remaining in the fleet.
            (3) For the RAH-66 Comanche program--
                    (A) review of the total requirements and acquisition 
                objectives for the program;
                    (B) fielding of Comanche helicopters to the planned 
                aviation force structure; and
                    (C) support for the plan for the AH-64D Apache 
                program required under paragraph (1).
            (4) For the UH-1 Huey helicopter program--
                    (A) an upgrade program;
                    (B) revision of total force requirements for that 
                aircraft to reflect the warfighting and support 
                requirements of the theater commanders-in-chief for 
                aircraft used by the Army National Guard; and
                    (C) a transition plan to a future utility 
                helicopter.
            (5) For the UH-60 Blackhawk helicopter program--
                    (A) identification of the objective requirements for 
                that aircraft;
                    (B) an acquisition strategy for meeting requirements 
                that in the interim will be addressed by UH-1 Huey 
                helicopters among the warfighting and support 
                requirements of the theater commanders-in-chief for 
                aircraft used by the Army National Guard; and
                    (C) a modernization program for fielded aircraft.
            (6) For the CH-47 Chinook helicopter service life extension 
        program, maintenance of the schedule and funding.
            (7) For the OH-58D Kiowa Warrior helicopters, an upgrade 
        program.
            (8) A revised assessment of the Army's present and future 
        requirements for helicopters and its present and future 
        helicopter inventory, including the number of aircraft, average 
        age of aircraft, availability of spare parts, flight hour costs, 
        roles and functions assigned to the fleet as a whole and to each 
        type of aircraft, and the mix of active component and reserve 
        component aircraft in the fleet.

    (c) Limitation.--Not more than 90 percent of the amount appropriated 
pursuant to the authorization of appropriations in section 101(1) may be 
obligated before the date that is 30 days

[[Page 113 STAT. 533]]

after the date on which the Secretary of the Army submits the plan 
required by subsection (a) to the congressional defense committees.

SEC. 114. MULTIPLE LAUNCH ROCKET SYSTEM.

    The Secretary of the Army may make available, from funds 
appropriated pursuant to the authorization of appropriations in section 
101(2), an amount not to exceed $500,000 to complete the development of 
reuse and demilitarization tools and technologies for use in the 
demilitarization of Army Multiple Launch Rocket System rockets.
SEC. 115. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED 
                        ARTICLES AND SERVICES OF CERTAIN ARMY 
                        INDUSTRIAL FACILITIES WITHOUT REGARD TO 
                        AVAILABILITY FROM DOMESTIC SOURCES.

    (a) Extension of Program.--Section 141 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 
4543 note) is amended--
            (1) in subsection (a), by striking ``During fiscal years 
        1998 and 1999'' and inserting ``During fiscal years 1998 through 
        2001''; and
            (2) in subsection (b), by striking ``during fiscal year 1998 
        or 1999'' and inserting ``during the period during which the 
        pilot program is being conducted''.

    (b) Update of Inspector General Report.--Such section is further 
amended by adding at the end the following new subsection:
    ``(d) Update <<NOTE: Deadline.>> of Report.--Not later than 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. 116. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT RETOOLING 
                        AND MANUFACTURING SUPPORT INITIATIVE.

    Section 193(a) of the Armament Retooling and Manufacturing Support 
Act of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C. 2501 
note) is amended by striking ``During fiscal years 1993 through 1999'' 
and inserting ``During fiscal years 1993 through 2001''.

                        Subtitle C--Navy Programs

SEC. 121. F/A-18E/F SUPER HORNET AIRCRAFT PROGRAM.

    (a) Multiyear Procurement Authority.--Subject to subsection (b), 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 of F/A-
18E/F aircraft.
    (b) Limitation.--The Secretary of the Navy may not enter into a 
multiyear procurement contract authorized by subsection (a), and may not 
authorize the F/A-18E/F aircraft program to enter into full-rate 
production, until--
            (1) <<NOTE: Certification.>> the Secretary of Defense 
        submits to the congressional defense committees a certification 
        described in subsection (c); and

[[Page 113 STAT. 534]]

            (2) a period of 30 continuous days of a Congress (as 
        determined under subsection (d)) elapses after the submission of 
        that certification.

    (c) Required Certification.--A certification referred to in 
subsection (b)(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 is operationally effective and 
                operationally suitable; and
                    (B) that the F/A-18E and the F/A-18F variants of 
                that aircraft both meet their respective key performance 
                parameters as established in the Operational 
                Requirements Document (ORD) for the F/A-18E/F program, 
                as validated and approved by the Chief of Naval 
                Operations on April 1, 1997 (other than for a 
                permissible deviation of not more than 1 percent with 
                respect to the range performance parameter).
            (2) That the cost of procurement of the F/A-18E/F 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.

    (d) Continuity of Congress.--For purposes of subsection (b)(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.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

    (a) Authority for Multiyear Procurement of 6 Additional Vessels.--
(1) Subsection (b) of section 122 of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446) is amended 
in the first sentence--
            (A) by striking ``12 Arleigh Burke class destroyers'' and 
        inserting ``18 Arleigh Burke class destroyers''; and
            (B) by striking ``and 2001'' and inserting ``2001, 2002, and 
        2003''.

    (2) The heading for such subsection is amended by striking 
``Twelve'' and inserting ``18''.
    (b) Fiscal Year 2001 Advance Procurement.--(1) Subject to paragraphs 
(2) and (3), the Secretary of the Navy is authorized, in fiscal year 
2001, to enter into contracts for advance procurement for the Arleigh 
Burke class destroyers that are to be constructed under contracts 
entered into after fiscal year 2001 under section 122(b) of Public Law 
104-201, as amended by subsection (a)(1).
    (2) The authority to contract for advance procurement under 
paragraph (1) is subject to the availability of funds authorized and 
appropriated for fiscal year 2001 for that purpose in Acts enacted after 
September 30, 1999.
    (3) The aggregate amount of the contracts entered into under 
paragraph (1) may not exceed $371,000,000.

[[Page 113 STAT. 535]]

    (c) Other Funds for Advance Procurement.--Notwithstanding any other 
provision of this Act, of the funds authorized to be appropriated under 
section 102(a) for procurement programs, projects, and activities of the 
Navy, up to $190,000,000 may be made available, as the Secretary of the 
Navy may direct, for advance procurement for the Arleigh Burke class 
destroyer program. Authority to make transfers under this subsection is 
in addition to the transfer authority provided in section 1001.
SEC. 123. REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM 
                        SHIPBUILDERS UNDER CERTAIN NUCLEAR ATTACK 
                        SUBMARINE PROGRAMS.

    (a) Repeal.--Paragraph (3) of section 121(g) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2444) is repealed.
    (b) Conforming Amendment.--Paragraph (5) of such section is amended 
by striking ``reports referred to in paragraphs (3) and (4)'' and 
inserting ``report referred to in paragraph (4)''.

SEC. 124. LHD-8 AMPHIBIOUS ASSAULT SHIP PROGRAM.

    (a) Authorization of Ship.--The Secretary of the Navy is authorized 
to procure the amphibious assault ship to be designated LHD-8, subject 
to the availability of appropriations for that purpose.
    (b) Amount Authorized.--Of the amount authorized to be appropriated 
under section 102(a)(3) for fiscal year 2000, $375,000,000 is available 
for the advance procurement and advance construction of components for 
the LHD-8 amphibious assault ship program. The Secretary of the Navy may 
enter into a contract or contracts with the shipbuilder and other 
entities for the advance procurement and advance construction of those 
components.

SEC. 125. D-5 MISSILE PROGRAM.

    (a) Report.--Not <<NOTE: Deadline.>> later than October 31, 1999, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the D-5 
missile program.

    (b) Report Elements.--The report under subsection (a) shall include 
the following:
            (1) An inventory management plan for the D-5 missile program 
        covering the projected life of the program, including--
                    (A) the location of D-5 missiles during the fueling 
                of submarines;
                    (B) rotation of inventory;
                    (C) expected attrition rate due to flight testing, 
                loss, damage, or termination of service life; and
                    (D) consideration of the results of the assessment 
                required in paragraph (4).
            (2) The cost of terminating procurement of D-5 missiles for 
        each fiscal year before the current plan.
            (3) An assessment of the capability of the Navy of meeting 
        strategic requirements with a total procurement of less than 425 
        D-5 missiles, including an assessment of the consequences of--
                    (A) loading Trident submarines with fewer than 24 D-
                5 missiles; and
                    (B) reducing the flight test rate for D-5 missiles.

[[Page 113 STAT. 536]]

            (4) An assessment of the optimal commencement date for the 
        development and deployment of replacement capability for the 
        current land-based and sea-based missile forces.
            (5) The Secretary's plan for maintaining D-5 missiles and 
        Trident submarines under the START II Treaty and a proposed 
        START III treaty, and whether requirements for those missiles 
        and submarines would be reduced under such treaties.

                     Subtitle D--Air Force Programs

SEC. 131. F-22 AIRCRAFT PROGRAM.

    (a) Certification Required Before LRIP.--The Secretary of the Air 
Force may not award a contract for low-rate initial production under the 
F-22 aircraft program until the Secretary of Defense submits to the 
congressional defense committees the Secretary's certification of each 
of the following:
            (1) That the test plan in the engineering and manufacturing 
        development phase for that program is adequate for determining 
        the operational effectiveness and suitability of the F-22 
        aircraft.
            (2) That the engineering and manufacturing development 
        phase, and the production phase, for that program can each be 
        executed within the limitation on total cost applicable to that 
        program under subsection (a) or (b), respectively, of section 
        217 of the National Defense Authorization Act for Fiscal Year 
        1998 (Public Law 105-85; 111 Stat. 1660).

    (b) Lack of Certification.--If the Secretary of Defense is unable to 
submit either or both of the certifications under subsection (a), the 
Secretary shall submit to the congressional defense committees a report 
which includes--
            (1) the reasons the certification or certifications could 
        not be made;
            (2) a revised acquisition plan approved by the Secretary of 
        Defense if the Secretary desires to proceed with low-rate 
        initial production; and
            (3) a revised cost estimate for the remainder of the 
        engineering and manufacturing development phase and for the 
        production phase of the F-22 program if the Secretary desires to 
        proceed with low-rate initial production.
SEC. 132. REPLACEMENT OPTIONS FOR CONVENTIONAL AIR-LAUNCHED CRUISE 
                        MISSILE.

    (a) Report.--The <<NOTE: Deadline.>> Secretary of the Air Force 
shall determine the requirements being met by the conventional air-
launched cruise missile (CALCM) as of the date of the enactment of this 
Act and, not later than January 15, 2000, shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the replacement options for 
that missile.

    (b) Matters To Be Included.--In the report under subsection (a), the 
Secretary shall consider the options for continuing to meet the 
requirements determined by the Secretary under subsection (a) as the 
inventory of the conventional air-launched cruise missile is depleted. 
Options considered shall include the following:
            (1) Resumption of production of the conventional air-
        launched cruise missile.

[[Page 113 STAT. 537]]

            (2) Acquisition of a new type of weapon with lethality 
        characteristics equivalent or superior to the lethality 
        characteristics of the conventional air-launched cruise missile.
            (3) Use of existing or planned munitions or such munitions 
        with appropriate upgrades.
SEC. 133. 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. 134. F-16 TACTICAL MANNED RECONNAISANCE AIRCRAFT.

    The limitation contained in section 216(a) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2454) shall not apply to the obligation or expenditure of amounts made 
available pursuant to this Act for a purpose stated in paragraphs (1) 
and (2) of that section.

           Subtitle E--Chemical Stockpile Destruction Program

SEC. 141. DESTRUCTION <<NOTE: 50 USC 1521 note.>> 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) <<NOTE: Deadline. Reports.>> 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)--

[[Page 113 STAT. 538]]

                    (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) Comptroller <<NOTE: Deadline.>> General Assessment and Report.--
(1) Not later than March 1, 2000, the Comptroller General of the United 
States shall review and assess the program for destruction of the United 
States stockpile of chemical agents and munitions and report the results 
of the assessment to the congressional defense committees.

    (2) The assessment conducted under paragraph (1) shall include a 
review of the program execution and financial management of each of the 
elements of the program, including--
            (A) the chemical stockpile disposal project;
            (B) the nonstockpile chemical materiel project;
            (C) the alternative technologies and approaches project;
            (D) the chemical stockpile emergency preparedness program; 
        and
            (E) the assembled chemical weapons assessment program.

    (d) 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 on Their 
        Destruction, ratified by the United States on April 25, 1997, 
        and entered into force on April 29, 1997.

[[Page 113 STAT. 539]]

SEC. 142. COMPTROLLER GENERAL REPORT ON ANTICIPATED EFFECTS OF 
                        PROPOSED CHANGES IN OPERATION OF STORAGE 
                        SITES FOR LETHAL CHEMICAL AGENTS AND 
                        MUNITIONS.

    (a) Report <<NOTE: Deadline.>> Required.--Not later than March 31, 
2000, the Comptroller General shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
proposal in the latest quadrennial defense review to reduce the Federal 
civilian workforce involved in the operation of the eight storage sites 
for lethal chemical agents and munitions in the continental United 
States and to convert to contractor operation of the storage sites. The 
workforce reductions addressed in the report shall include those that 
are to be effectuated by fiscal year 2002.

    (b) Content of Report.--The report shall include the following:
            (1) For each site, a description of the assigned chemical 
        storage, chemical demilitarization, and industrial missions.
            (2) A description of the criteria and reporting systems 
        applied to ensure that the storage sites and the workforce 
        operating the storage sites have--
                    (A) the capabilities necessary to respond 
                effectively to emergencies involving chemical accidents; 
                and
                    (B) the industrial capabilities necessary to meet 
                replenishment and surge requirements.
            (3) The risks associated with the proposed workforce 
        reductions and contractor performance, particularly regarding 
        chemical accidents, incident response capabilities, community-
        wide emergency preparedness programs, and current or planned 
        chemical demilitarization programs.
            (4) The effects of the proposed workforce reductions and 
        contractor performance on the capability to satisfy permit 
        requirements regarding environmental protection that are 
        applicable to the performance of current and future chemical 
        demilitarization and industrial missions.
            (5) The effects of the proposed workforce reductions and 
        contractor performance on the capability to perform assigned 
        industrial missions, particularly the materiel replenishment 
        missions for chemical or biological defense or for chemical 
        munitions.
            (6) Recommendations for mitigating the risks and adverse 
        effects identified in the report.

          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. Sense of Congress regarding defense science and technology 
                    program.
Sec. 213. Micro-satellite technology development program.
Sec. 214. Space control technology.
Sec. 215. Space maneuver vehicle program.

[[Page 113 STAT. 540]]

Sec. 216. Manufacturing technology program.
Sec. 217. Revision to limitations on high altitude endurance unmanned 
                    vehicle program.

                  Subtitle C--Ballistic Missile Defense

Sec. 231. Space Based Infrared System (SBIRS) low program.
Sec. 232. Theater missile defense upper tier acquisition strategy.
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense 
                    (THAAD) system.
Sec. 234. Space-based laser program.
Sec. 235. Criteria for progression of airborne laser program.
Sec. 236. Sense of Congress regarding ballistic missile defense 
                    technology funding.
Sec. 237. Report on national missile defense.

Subtitle D--Research and Development for Long-Term Military Capabilities

Sec. 241. Quadrennial report on emerging operational concepts.
Sec. 242. Technology area review and assessment.
Sec. 243. Report by Under Secretary of Defense for Acquisition, 
                    Technology, and Logistics.
Sec. 244. DARPA program for award of competitive prizes to encourage 
                    development of advanced technologies.
Sec. 245. Additional pilot program for revitalizing Department of 
                    Defense laboratories.

                        Subtitle E--Other Matters

Sec. 251. Development of Department of Defense laser master plan and 
                    execution of solid state laser program.
Sec. 252. Report on Air Force distributed mission training.

               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, $4,791,243,000.
            (2) For the Navy, $8,362,516,000.
            (3) For the Air Force, $13,630,073,000.
            (4) For Defense-wide activities, $9,482,705,000, 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, $4,301,421,000 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.

[[Page 113 STAT. 541]]

     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 <<NOTE: Memorandums.>> 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 <<NOTE: Deadline.>> 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

[[Page 113 STAT. 542]]

        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. SENSE <<NOTE: 10 USC 2501 note.>> OF CONGRESS REGARDING 
                        DEFENSE SCIENCE AND TECHNOLOGY PROGRAM.

    (a) Failure To Comply With Funding Objective.--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 stated in 
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 
weapon systems.
    (b) Funding Objective.--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 the proposed budget for a fiscal year covered 
by subsection (b) fails to comply with the objective set forth in that 
subsection--
            (1) the Secretary of Defense shall submit to Congress--
                    (A) the certification of the Secretary 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 weapon 
                systems; or
                    (B) a statement of the Secretary explaining why the 
                Secretary is unable to submit such certification; and
            (2) <<NOTE: Deadline. Reports.>> the Defense Science Board 
        shall, not more than 60 days after the date on which the 
        Secretary submits the certification or statement under paragraph 
        (1), submit to the Secretary and Congress a report assessing the 
        effect such failure to comply is likely to have on defense 
        technology and the national defense.
SEC. 213. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.

    Of the funds authorized to be appropriated under section 201(3), 
$10,000,000 is available for continued implementation of the micro-
satellite technology program established pursuant to section 215

[[Page 113 STAT. 543]]

of the National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 111 Stat. 1659).

SEC. 214. SPACE CONTROL TECHNOLOGY.

    (a) Funds Available for Air Force Execution.--Of the funds 
authorized to be appropriated under section 201(3), $14,822,000 shall be 
available for space control technology development pursuant to the 
Department of Defense Space Control Technology Plan of 1999.
    (b) Funds Available for Army Execution.--Of the funds authorized to 
be appropriated under section 201(1), $10,000,000 shall be available for 
space control technology development. Of the funds made available 
pursuant to the preceding sentence, the commander of the United States 
Army Space and Missile Defense Command may use such amounts as are 
necessary for any or all of the following activities:
            (1) Continued development of the kinetic energy anti-
        satellite technology program.
            (2) Technology development associated with the kinetic 
        energy anti-satellite kill vehicle to temporarily disrupt 
        satellite functions.
            (3) Cooperative technology development with the Air Force, 
        pursuant to the Department of Defense Space Control Technology 
        Plan of 1999.

SEC. 215. SPACE MANEUVER VEHICLE PROGRAM.

    (a) Funding.--Of the funds authorized to be appropriated under 
section 201(3), $25,000,000 is available for the Space Maneuver Vehicle 
program.
    (b) Acquisition of Second Flight Test Article.--The amount available 
for the space maneuver vehicle program under subsection (a) shall be 
used for development and acquisition of an Air Force X-40 flight test 
article to support the joint Air Force and National Aeronautics and 
Space Administration X-37 program and to meet unique needs of the Air 
Force Space Maneuver Vehicle program.

SEC. 216. MANUFACTURING TECHNOLOGY PROGRAM.

    (a) Overall Purpose of Program.--Subsection (a) of section 2525 of 
title 10, United States Code, is amended by inserting after ``title'' in 
the first sentence the following: ``through the development and 
application of advanced manufacturing technologies and processes that 
will reduce the acquisition and supportability costs of defense weapon 
systems and reduce manufacturing and repair cycle times across the life 
cycles of such systems''.
    (b) Support of Projects To Meet Essential Defense Requirements.--
Subsection (b)(4) of such section is amended to read as follows:
            ``(4) to focus Department of Defense support for the 
        development and application of advanced manufacturing 
        technologies and processes for use to meet manufacturing 
        requirements that are essential to the national defense, as well 
        as for repair and remanufacturing in support of the operations 
        of systems commands, depots, air logistics centers, and 
        shipyards;''.

    (c) Execution.--Subsection (c) of such section is amended--
            (1) by redesignating paragraph (2) as paragraph (5);
            (2) by inserting after paragraph (1) the following new 
        paragraphs:

[[Page 113 STAT. 544]]

    ``(2) In the establishment and review of requirements for an 
advanced manufacturing technology or process, the Secretary shall ensure 
the participation of those prospective technology users that are 
expected to be the users of that technology or process.
    ``(3) The Secretary shall ensure that each project under the program 
for the development of an advanced manufacturing technology or process 
includes an implementation plan for the transition of that technology or 
process to the prospective technology users that will be the users of 
that technology or process.
    ``(4) In the periodic review of a project under the program, the 
Secretary shall ensure participation by those prospective technology 
users that are the expected users for the technology or process being 
developed under the project.''; and
            (3) by adding after paragraph (5) (as redesignated by 
        paragraph (2)) the following new paragraph:

    ``(6) In this subsection, the term `prospective technology users' 
means the following officials and elements of the Department of Defense:
            ``(A) Program and project managers for defense weapon 
        systems.
            ``(B) Systems commands.
            ``(C) Depots.
            ``(D) Air logistics centers.
            ``(E) Shipyards.''.

    (d) Consideration of Cost-Sharing Proposals.--Subsection (d) of such 
section is amended--
            (1) by striking paragraphs (2) and (3);
            (2) by striking ``(A)'' after ``(1)''; and
            (3) by striking ``(B) For each'' and all that follows 
        through ``competitive procedures.'' and inserting the following: 
        ``(2) Under the competitive procedures used, the factors to be 
        considered in the evaluation of each proposed grant, contract, 
        cooperative agreement, or other transaction for a project under 
        the program shall include the extent to which that proposed 
        transaction provides for the proposed recipient to share in the 
        cost of the project.''.

    (e) Revisions to Five-Year Plan.--Subsection (e)(2) of such section 
is amended--
            (1) in subparagraph (A), by inserting ``, including a 
        description of all completed projects and status of 
        implementation'' before the period at the end; and
            (2) by adding at the end the following new subparagraph:
            ``(C) Plans for the implementation of the advanced 
        manufacturing technologies and processes being developed under 
        the program.''.
SEC. 217. REVISION TO LIMITATIONS ON HIGH ALTITUDE ENDURANCE 
                        UNMANNED VEHICLE PROGRAM.

    Section 216(b) of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1660) is amended by striking 
``may not procure any'' and inserting ``may not procure more than two''.

[[Page 113 STAT. 545]]

                  Subtitle C--Ballistic Missile Defense

SEC. 231. SPACE BASED INFRARED SYSTEM (SBIRS) LOW PROGRAM.

    (a) Primary Mission of SBIRS Low System.--The primary mission of the 
system designated as of the date of the enactment of this Act as the 
Space Based Infrared System Low (hereinafter in this section referred to 
as the ``SBIRS Low system'') is ballistic missile defense. The Secretary 
of Defense shall carry out the acquisition program for that system 
consistent with that primary mission.
    (b) Oversight of Certain Program Functions.--With respect to the 
SBIRS Low system, the Secretary of Defense shall require that the 
Secretary of the Air Force obtain the approval of the Director of the 
Ballistic Missile Defense Organization before the Secretary--
            (1) establishes any system level technical requirement or 
        makes any change to any such requirement;
            (2) makes any change to the SBIRS Low baseline schedule; or
            (3) makes any change to the budget baseline identified in 
        the fiscal year 2000 future-years defense program.

    (c) Priority for Ancillary Missions.--The Secretary of Defense shall 
ensure that the Director of the Ballistic Missile Defense Organization, 
in executing the authorities specified in subsection (b), engages in 
appropriate coordination with the Secretary of the Air Force and 
elements of the intelligence community to ensure that ancillary SBIRS 
Low missions (that is, missions other than the primary mission of 
ballistic missile defense) receive proper priority to the extent that 
those ancillary missions do not increase technical or schedule risk.
    (d) Management and Funding Budget Activity.--The Secretary of 
Defense shall transfer the management and budgeting of funds for the 
SBIRS Low system from the Tactical Intelligence and Related Activities 
(TIARA) budget aggregation to a nonintelligence budget activity of the 
Air Force.
    (e) Deadline for Definition of System Requirements.--The system 
level technical requirements for the SBIRS Low system shall be defined 
not later than July 1, 2000.
    (f) Definitions.--For purposes of this section:
            (1) The term ``system level technical requirements'' means 
        those technical requirements and those functional requirements 
        of a system, expressed in terms of technical performance and 
        mission requirements, including test provisions, that determine 
        the direction and progress of the systems engineering effort and 
        the degree of convergence upon a balanced and complete 
        configuration.
            (2) The term ``SBIRS Low baseline schedule'' means a program 
        schedule that includes--
                    (A) a Milestone II decision on entry into 
                engineering and manufacturing development to be made 
                during fiscal year 2002;
                    (B) a critical design review to be conducted during 
                fiscal year 2003; and
                    (C) a first launch of a SBIRS Low satellite to be 
                made during fiscal year 2006.

[[Page 113 STAT. 546]]

SEC. 232. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION STRATEGY.

    (a) Revised Upper Tier Strategy.--The Secretary of Defense shall 
establish an acquisition strategy for the two upper tier missile defense 
systems that--
            (1) retains funding for both of the upper tier systems in 
        separate, independently managed program elements throughout the 
        future-years defense program;
            (2) bases funding decisions and program schedules for each 
        upper tier system on the performance of each system independent 
        of the performance of the other system; and
            (3) provides for accelerating the deployment of both of the 
        upper tier systems to the maximum extent practicable.

    (b) Upper Tier Systems Defined.--For purposes of this section, the 
upper tier missile defense systems are the following:
            (1) The Navy Theater Wide system.
            (2) The Theater High-Altitude Area Defense (THAAD) system.
SEC. 233. ACQUISITION STRATEGY FOR THEATER HIGH-ALTITUDE AREA 
                        DEFENSE (THAAD) SYSTEM.

    (a) Independent Review of System.--Subsection (a) of section 236 of 
the Strom Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 1953) is amended to read as follows:
    ``(a) Continued Independent Review.--The Secretary of Defense shall 
take appropriate steps to assure continued independent review, as the 
Secretary determines is needed, of the Theater High-Altitude Area 
Defense (THAAD) program.''.
    (b) Coordination of Development of System Elements.--Subsection (c) 
of such section is amended by striking ``may'' and inserting ``shall''.
    (c) Revision to Limitation on Entering Manufacturing and Development 
Phase for Interceptor Missile.--Subsection (e) of such section is 
amended--
            (1) by redesignating paragraph (2) as paragraph (4); and
            (2) by inserting after paragraph (1) the following new 
        paragraphs:

    ``(2) If the Secretary determines, after a second successful test of 
the interceptor missile of the THAAD system, that the THAAD program has 
achieved a sufficient level of technical maturity, the Secretary may 
waive the limitation specified in paragraph (1).
    ``(3) <<NOTE: Deadline. Reports.>> If the Secretary grants a waiver 
under paragraph (2), the Secretary shall, not later than 60 days after 
the date of the issuance of the waiver, submit to the congressional 
defense committees a report describing the technical rationale for that 
action.''.

SEC. 234. SPACE-BASED LASER PROGRAM.

    (a) Structure of Program.--The Secretary of Defense shall structure 
the space-based laser program to include--
            (1) an integrated flight experiment; and
            (2) an ongoing analysis and technology effort to support the 
        development of an objective system design.

    (b) Integrated <<NOTE: Deadline.>> Flight Experiment Program 
Baseline.--Not later than March 15, 2000, the Secretary of Defense, in 
consultation with the joint venture contractors for the space-based 
laser program,

[[Page 113 STAT. 547]]

shall establish a program baseline for the integrated flight experiment 
referred to in subsection (a)(1).

    (c) Structure of Integrated Flight Experiment Program Baseline.--The 
program baseline established under subsection (b) shall be structured 
to--
            (1) demonstrate at the earliest date consistent with the 
        requirements of this section the fundamental end-to-end 
        capability to acquire, track, and destroy a boosting ballistic 
        missile with a lethal laser from space; and
            (2) establish a balance between the use of mature technology 
        and more advanced technology so that the integrated flight 
        experiment, while providing significant information that can be 
        used in planning and implementing follow-on phases of the space-
        based laser program, will be launched as soon as practicable.

    (d) Funds Available for Integrated Flight Experiment.--Amounts shall 
be available for the integrated flight experiment as follows:
            (1) From amounts available pursuant to section 201(3), 
        $73,840,000.
            (2) From amounts available pursuant to section 201(4), 
        $75,000,000.

    (e) Limitation on Obligation of Funds for Integrated Flight 
Experiment.--No funds made available in subsection (d) for the 
integrated flight experiment may be obligated until the Secretary of the 
Air Force--
            (1) develops a specific spending plan for such amounts; and
            (2) provides such plan to the congressional defense 
        committees.

    (f) Objective System Design.--To support the development of an 
objective system design for a space-based laser system suited to the 
operational and technological environment that will exist when such a 
system can be deployed, the Secretary of Defense shall establish an 
analysis and technology effort that complements the integrated flight 
experiment. That effort shall include the following:
            (1) Research and development on advanced technologies that 
        will not be demonstrated on the integrated flight experiment but 
        may be necessary for an objective system.
            (2) Architecture studies to assess alternative constellation 
        and system performance characteristics.
            (3) Planning for the development of a space-based laser 
        prototype that--
                    (A) uses the lessons learned from the integrated 
                flight experiment; and
                    (B) is supported by the ongoing research and 
                development under paragraph (1), the architecture 
                studies under paragraph (2), and other relevant advanced 
                technology research and development.

    (g) Funds Available for Objective System Design During Fiscal Year 
2000.--During fiscal year 2000, the Secretary of the Air Force may use 
amounts made available for the integrated flight experiment under 
subsection (d) for the purpose of supporting the effort specified in 
subsection (f) if the Secretary of the Air Force first--

[[Page 113 STAT. 548]]

            (1) determines that such amounts are needed for that 
        purpose;
            (2) develops a specific spending plan for such amounts; and
            (3) consults with the congressional defense committees 
        regarding such plan.

    (h) Annual <<NOTE: Deadline.>> Report.--For each year in the three-
year period beginning with the year 2000, the Secretary of Defense 
shall, not later than March 15 of that year, submit to the congressional 
defense committees a report on the space-based laser program. Each such 
report shall include the following:
            (1) The program baseline for the integrated flight 
        experiment.
            (2) Any changes in that program baseline.
            (3) A description of the activities of the space-based laser 
        program in the preceding year.
            (4) A description of the activities of the space-based laser 
        program planned for the next fiscal year.
            (5) The funding planned for the space-based laser program 
        throughout the future-years defense program.
SEC. 235. CRITERIA FOR PROGRESSION OF AIRBORNE LASER PROGRAM.

    (a) Modification of PDRR Aircraft.--No modification of the PDRR 
aircraft may commence until the Secretary of the Air Force certifies to 
Congress that the commencement of such modification is justified on the 
basis of existing test data and analyses involving the following 
activities:
            (1) The North Oscura Peak test program.
            (2) Scintillometry data collection and analysis.
            (3) The lethality/vulnerability program.
            (4) The countermeasures test and analysis effort.
            (5) Reduction and analysis of atmospheric data for fiscal 
        years 1997 and 1998.

    (b) Acquisition of EMD Aircraft and Flight Test of PDRR Aircraft.--
In carrying out the Airborne Laser program, the Secretary of Defense 
shall ensure that the Authority-to-Proceed-2 decision is not made until 
the Secretary of Defense--
            (1) ensures that the Secretary of the Air Force has 
        developed an appropriate plan for resolving the technical 
        challenges identified in the Airborne Laser Program Assessment;
            (2) approves that plan; and
            (3) submits that plan to the congressional defense 
        committees.

    (c) Entry Into EMD Phase.--The Secretary of Defense shall ensure 
that the Milestone II decision is not made until--
            (1) the PDRR aircraft undergoes a robust series of flight 
        tests that validates the technical maturity of the Airborne 
        Laser program and provides sufficient information regarding the 
        performance of the Airborne Laser system; and
            (2) sufficient technical information is available to 
        determine whether adequate progress is being made in the ongoing 
        effort to address the operational issues identified in the 
        Airborne Laser Program Assessment.

    (d) Modification of EMD Aircraft.--The Secretary of the Air Force 
may not commence any modification of the EMD aircraft until the 
Milestone II decision is made.

[[Page 113 STAT. 549]]

    (e) Definitions.--In this section:
            (1) The term ``PDRR aircraft'' means the aircraft relating 
        to the program definition and risk reduction phase of the 
        Airborne Laser program.
            (2) The term ``EMD aircraft'' means the aircraft relating to 
        the engineering and manufacturing development phase of the 
        Airborne Laser program.
            (3) The term ``Authority-to-Proceed-2 decision'' means the 
        decision allowing acquisition of the EMD aircraft and flight 
        testing of the PDRR aircraft.
            (4) The term ``Milestone II decision'' means the decision 
        allowing the entry of the Airborne Laser program into the 
        engineering and manufacturing development phase.
            (5) The term ``Airborne Laser Program Assessment'' means the 
        report titled ``Assessment of Technical and Operational Aspects 
        of the Airborne Laser Program'', submitted to Congress by the 
        Secretary of Defense on March 9, 1999.
SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEFENSE 
                        TECHNOLOGY FUNDING.

    It is the sense of Congress that--
            (1) because technology development provides the basis for 
        future weapon systems, it is important to maintain a healthy 
        balance between funding for the development of technology for 
        ballistic missile defense systems and funding for the 
        acquisition of ballistic missile defense systems;
            (2) funding planned within the future-years defense program 
        of the Department of Defense should be sufficient to support the 
        development of technology for future and follow-on ballistic 
        missile defense systems while simultaneously supporting the 
        acquisition of ballistic missile defense systems; and
            (3) the Secretary of Defense should seek to ensure that 
        funding in the future-years defense program is adequate both for 
        the development of technology for advanced ballistic missile 
        defense systems and for the major existing programs for the 
        acquisition of ballistic missile defense systems.

SEC. 237. <<NOTE: Deadline.>> REPORT ON NATIONAL MISSILE DEFENSE.

    Not later than March 15, 2000, the Secretary of Defense shall submit 
to Congress the Secretary's assessment of the advantages or 
disadvantages of a two-site deployment of a ground-based National 
Missile Defense system, with special reference to considerations of the 
world-wide ballistic missile threat, defensive coverage, redundancy and 
survivability, and economies of scale.

Subtitle D--Research and Development for Long-Term Military Capabilities

SEC. 241. QUADRENNIAL REPORT ON EMERGING OPERATIONAL CONCEPTS.

    (a) In General.--(1) Chapter 23 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 486. Quadrennial report on emerging operational concepts

    ``(a) Quadrennial <<NOTE: Deadline.>> Report Required.--Not later 
than March 1 of each year evenly divisible by four, the Secretary of 
Defense

[[Page 113 STAT. 550]]

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 
emerging operational concepts. Each such report shall be prepared by the 
Secretary in consultation with the Chairman of the Joint Chiefs of 
Staff.

    ``(b) Content of Report Relating to DoD Processes.--Each such report 
shall contain a description, for the four years preceding the year in 
which the report is submitted, of the following:
            ``(1) The process undertaken in the Department of Defense, 
        and in each of the Army, Navy, Air Force, and Marine Corps, to 
        define and develop doctrine, operational concepts, 
        organizational concepts, and acquisition strategies to address--
                    ``(A) the potential of emerging technologies for 
                significantly improving the operational effectiveness of 
                the armed forces;
                    ``(B) changes in the international order that may 
                necessitate changes in the operational capabilities of 
                the armed forces;
                    ``(C) emerging capabilities of potential adversary 
                states; and
                    ``(D) changes in defense budget projections.
            ``(2) The manner in which the processes described in 
        paragraph (1) are harmonized to ensure that there is a 
        sufficient consideration of the development of joint doctrine, 
        operational concepts, and acquisition strategies.
            ``(3) The manner in which the processes described in 
        paragraph (1) are coordinated through the Joint Requirements 
        Oversight Council and reflected in the planning, programming, 
        and budgeting process of the Department of Defense.

    ``(c) Content of Report Relating to Identification of Technological 
Objectives for Research and Development.--Each report under this section 
shall set forth the military capabilities that are necessary for meeting 
national security requirements over the next two to three decades, 
including--
            ``(1) the most significant strategic and operational 
        capabilities (including both armed force-specific and joint 
        capabilities) that are necessary for the armed forces to prevail 
        against the most dangerous threats, including asymmetrical 
        threats, that could be posed to the national security interests 
        of the United States by potential adversaries from 20 to 30 
        years in the future;
            ``(2) the key characteristics and capabilities of future 
        military systems (including both armed force-specific and joint 
        systems) that will be needed to meet each such threat; and
            ``(3) the most significant research and development 
        challenges that must be met, and the technological breakthroughs 
        that must be made, to develop and field such systems.''.

    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``486. Quadrennial report on emerging operational concepts.''.

    (b) Conforming Repeal.--Section 1042 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2642; 10 U.S.C. 113 note) is repealed.

[[Page 113 STAT. 551]]

SEC. 242. TECHNOLOGY AREA REVIEW AND ASSESSMENT.

    Section 270(b) of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2469; 10 U.S.C. 2501 note) is 
amended to read as follows:
    ``(b) Technology Area Review and Assessment.--With the submission of 
the plan under subsection (a) each year, the Secretary shall also submit 
to the committees referred to in that subsection a summary of each 
technology area review and assessment conducted by the Department of 
Defense in support of that plan.''.
SEC. 243. REPORT <<NOTE: 10 USC 2501 note.>> BY UNDER SECRETARY OF 
                        DEFENSE FOR ACQUISITION, TECHNOLOGY, AND 
                        LOGISTICS.

    (a) Requirement.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the congressional defense 
committees a report on the actions that are necessary to promote the 
research base and technological development that will be needed for 
ensuring that the Armed Forces have the military capabilities that are 
necessary for meeting national security requirements over the next two 
to three decades.
    (b) Content.--The report shall include the actions that have been 
taken or are planned to be taken within the Department of Defense to 
ensure that--
            (1) the Department of Defense laboratories place an 
        appropriate emphasis on revolutionary changes in military 
        operations and the new technologies that will be necessary to 
        support those operations;
            (2) the Department helps sustain a high-quality national 
        research base that includes organizations attuned to the needs 
        of the Department, the fostering and creation of revolutionary 
        technologies useful to the Department, and the capability to 
        identify opportunities for new military capabilities in emerging 
        scientific knowledge;
            (3) the Department can identify, provide appropriate funding 
        for, and ensure the coordinated development of joint 
        technologies that will serve the needs of more than one of the 
        Armed Forces;
            (4) the Department can identify militarily relevant 
        technologies that are developed in the private sector, rapidly 
        incorporate those technologies into defense systems, and 
        effectively utilize technology transfer processes;
            (5) the Department can effectively and efficiently manage 
        the transition of new technologies from the applied research and 
        advanced technological development stage through the product 
        development stage in a manner that ensures that maximum 
        advantage is obtained from advances in technology; and
            (6) the Department's educational institutions for the 
        officers of the uniformed services incorporate into their 
        officer education and training programs, as appropriate, 
        materials necessary to ensure that the officers have the 
        familiarity with the processes, advances, and opportunities in 
        technology development that is necessary for making decisions 
        that ensure the superiority of United States defense technology 
        in the future.

[[Page 113 STAT. 552]]

SEC. 244. DARPA PROGRAM FOR AWARD OF COMPETITIVE PRIZES TO 
                        ENCOURAGE DEVELOPMENT OF ADVANCED 
                        TECHNOLOGIES.

    (a) Authority.--Chapter 139 of title 10, United States Code, is 
amended by inserting after section 2374 the following new section:

``Sec. 2374a. Prizes for advanced technology achievements

    ``(a) Authority.--The Secretary of Defense, acting through the 
Director of the Defense Advanced Research Projects Agency, may carry out 
a program to award cash prizes in recognition of outstanding 
achievements in basic, advanced, and applied research, technology 
development, and prototype development that have the potential for 
application to the performance of the military missions of the 
Department of Defense.
    ``(b) Competition Requirements.--The program under subsection (a) 
shall use a competitive process for the selection of recipients of cash 
prizes. The process shall include the widely-advertised solicitation of 
submissions of research results, technology developments, and 
prototypes.
    ``(c) Limitations.--(1) The total amount made available for award of 
cash prizes in a fiscal year may not exceed $10,000,000.
    ``(2) No prize competition may result in the award of more than 
$1,000,000 in cash prizes without the approval of the Under Secretary of 
Defense for Acquisition, Technology, and Logistics.
    ``(d) Relationship to Other Authority.--The program under subsection 
(a) may be carried out in conjunction with or in addition to the 
exercise of any other authority of the Director to acquire, support, or 
stimulate basic, advanced and applied research, technology development, 
or prototype projects.
    ``(e) Annual Report.--Promptly after the end of each fiscal year, 
the Secretary shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the administration 
of the program for that fiscal year. The report shall include the 
following:
            ``(1) The military applications of the research, technology, 
        or prototypes for which prizes were awarded.
            ``(2) The total amount of the prizes awarded.
            ``(3) The methods used for solicitation and evaluation of 
        submissions, together with an assessment of the effectiveness of 
        those methods.

    ``(f) Period <<NOTE: Termination date.>> of Authority.--The 
authority to award prizes under subsection (a) shall terminate at the 
end of September 30, 2003.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2374 the following new item:

``2374a. Prizes for advanced technology achievements.''.

SEC. 245. ADDITIONAL <<NOTE: 10 USC 2358 note.>> PILOT PROGRAM FOR 
                        REVITALIZING DEPARTMENT OF DEFENSE 
                        LABORATORIES.

    (a) Authority.--(1) The Secretary of Defense may carry out a pilot 
program to demonstrate improved efficiency in the performance of 
research, development, test, and evaluation functions of the Department 
of Defense. The pilot program under this section is in addition to, but 
may be carried out in conjunction with, the pilot program authorized by 
section 246 of the Strom Thurmond

[[Page 113 STAT. 553]]

National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 1955; 10 U.S.C. 2358 note).
    (2) Under the pilot program, the Secretary of Defense shall provide 
the director of one science and technology laboratory, and the director 
of one test and evaluation laboratory, of each military department with 
authority for the following:
            (A) To ensure that the laboratories selected can attract a 
        workforce appropriately balanced between permanent and temporary 
        personnel and among workers with an appropriate level of skills 
        and experience and that those laboratories can effectively 
        compete in hiring to obtain the finest scientific talent.
            (B) To develop or expand innovative methods of operation 
        that provide more defense research for each dollar of cost, 
        including carrying out initiatives such as focusing on the 
        performance of core functions and adopting more business-like 
        practices.
            (C) To waive any restrictions not required by law that apply 
        to the demonstration and implementation of methods for achieving 
        the objectives set forth in subparagraphs (A) and (B).

    (3) In selecting the laboratories for participation in the pilot 
program, the Secretary shall consider laboratories where innovative 
management techniques have been demonstrated, particularly as documented 
under sections 1115 through 1119 of title 31, United States Code, 
relating to Government agency performance and results.
    (4) The Secretary may carry out the pilot program at each selected 
laboratory for a period of three years beginning not later than March 1, 
2000.
    (b) Reports.--(1) <<NOTE: Deadline.>> Not later than March 1, 2000, 
the Secretary of Defense shall submit to Congress a report on the 
implementation of the pilot program. The report shall include the 
following:
            (A) Each laboratory selected for the pilot program.
            (B) To the extent possible, a description of the innovative 
        concepts that are to be tested at each laboratory.
            (C) The criteria to be used for measuring the success of 
        each concept to be tested.

    (2) Promptly after the expiration of the period for participation of 
a laboratory in the pilot program, the Secretary of Defense shall submit 
to Congress a final report on the participation of that laboratory in 
the pilot program. The report shall include the following:
            (A) A description of the concepts tested.
            (B) The results of the testing.
            (C) The lessons learned.
            (D) Any proposal for legislation that the Secretary 
        recommends on the basis of the experience at that laboratory 
        under the pilot program.

[[Page 113 STAT. 554]]

                        Subtitle E--Other Matters

SEC. 251. DEVELOPMENT OF DEPARTMENT OF DEFENSE LASER MASTER PLAN 
                        AND EXECUTION OF SOLID STATE LASER 
                        PROGRAM.

    (a) Master Plan Required.--The Secretary of Defense shall develop a 
unified plan of the Department of Defense to develop laser technology 
for potential weapons applications (in this section referred to as the 
``laser master plan''). In developing the plan, the Secretary shall 
consult with the Secretary of Energy and the Secretaries of the military 
departments.
    (b) Contents of Laser Master Plan.--The laser master plan shall 
include the following:
            (1) Identification of potential weapons applications of 
        chemical, solid state, and other lasers.
            (2) Identification of critical technologies and 
        manufacturing capabilities required to achieve such weapons 
        applications.
            (3) A development path for those critical technologies and 
        manufacturing capabilities.
            (4) Identification of the funding required in future fiscal 
        years to carry out the laser master plan.
            (5) Identification of unfunded requirements in the laser 
        master plan.
            (6) An appropriate management and oversight structure to 
        carry out the laser master plan.

    (c) Report.--Not <<NOTE: Deadline.>> later than March 15, 2000, the 
Secretary of Defense shall submit to the congressional defense 
committees a report containing the laser master plan.

    (d) Recommendations for Executive Agent for Solid State Laser 
Programs.--Upon the completion of the laser master plan, the Secretary 
of Defense shall submit to the congressional defense committees the 
recommendations of the Secretary as to the establishment of an executive 
agent to coordinate, implement, and oversee the execution of the 
elements of the laser master plan that relate to solid state lasers.
    (e) Development and Demonstration of Solid State Laser Technology.--
The Secretary of the Army shall--
            (1) <<NOTE: Deadline.>> initiate, not later than November 1, 
        1999, or 30 days after the date of the enactment of this Act, 
        whichever is later, a development program for solid state laser 
        technologies; and
            (2) demonstrate solid state laser technology consistent with 
        the objectives of the technical partnership between the United 
        States Army Space and Missile Defense Command and the Lawrence 
        Livermore National Laboratory, Livermore, California, with a 
        goal of achieving a solid state laser of 100 kilowatt average 
        power.

    (f) Funding.--From amounts available pursuant to section 201(1), 
$20,000,000 shall be available to carry out the activities specified in 
subsection (e).
SEC. 252. REPORT ON AIR FORCE DISTRIBUTED MISSION TRAINING.

    (a) Requirement.--The <<NOTE: Deadline.>> Secretary of the Air Force 
shall submit to Congress, not later than January 31, 2000, a report on 
the Air Force Distributed Mission Training program.

    (b) Content of Report.--The report shall include a discussion of the 
following:

[[Page 113 STAT. 555]]

            (1) The progress that the Air Force has made to demonstrate 
        and prove the Air Force Distributed Mission Training concept of 
        linking geographically separated, high-fidelity simulators to 
        provide a mission rehearsal capability for Air Force units, and 
        any units of any of the other Armed Forces as may be necessary, 
        to train together from their home stations.
            (2) The actions that have been taken or are planned to be 
        taken within the Department of the Air Force to ensure that--
                    (A) an independent study of all requirements, 
                technologies, and acquisition strategies essential to 
                the formulation of a sound Distributed Mission Training 
                program is under way; and
                    (B) all Air Force laboratories and other Air Force 
                facilities necessary to the research, development, 
                testing, and evaluation of the Distributed Mission 
                Training program have been assessed regarding the 
                availability of the necessary resources to demonstrate 
                and prove the Air Force Distributed Mission Training 
                concept.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
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. Armed Forces Emergency Services.
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne 
           Division.
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program.
Sec. 314. Contributions for Spirit of Hope endowment fund of United 
           Service Organizations, Incorporated.

                  Subtitle C--Environmental Provisions

Sec. 321. Extension of limitation on payment of fines and penalties 
           using funds in environmental restoration accounts.
Sec. 322. Modification of requirements for annual reports on 
           environmental compliance activities.
Sec. 323. Defense environmental technology program and investment 
           control process for environmental technologies.
Sec. 324. Modification of membership of Strategic Environmental Research 
           and Development Program Council.
Sec. 325. Extension of pilot program for sale of air pollution emission 
           reduction incentives.
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum 
           Superfund Site, Fresno, California.
Sec. 327. Payment of stipulated penalties assessed under CERCLA in 
           connection with F.E. Warren Air Force Base, Wyoming.
Sec. 328. Remediation of asbestos and lead-based paint.
Sec. 329. Release of information to foreign countries regarding any 
           environmental contamination at former United States military 
           installations in those countries.
Sec. 330. Toussaint River ordnance mitigation study.

                   Subtitle D--Depot-Level Activities

Sec. 331. Sales of articles and services of defense industrial 
           facilities to purchasers outside the Department of Defense.
Sec. 332. Contracting authority for defense working capital funded 
           industrial facilities.

[[Page 113 STAT. 556]]

Sec. 333. Annual reports on expenditures for performance of depot-level 
           maintenance and repair workloads by public and private 
           sectors.
Sec. 334. Applicability of competition requirement in contracting out 
           workloads performed by depot-level activities of Department 
           of Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for 
           performance of depot-level maintenance and repair workloads 
           formerly performed at certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract 
           for depot-level maintenance and repair is entered into.

     Subtitle E--Performance of Functions by Private-Sector Sources

Sec. 341. Reduced threshold for consideration of effect on local 
           community of changing defense functions to private sector 
           performance.
Sec. 342. Congressional notification of A-76 cost comparison waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide 
           services to Department of Defense.
Sec. 344. Evaluation of Total System Performance Responsibility Program.
Sec. 345. Sense of Congress regarding process for modernization of army 
           computer services.

                Subtitle F--Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit 
           dependents of members of the Armed Forces and Department of 
           Defense civilian employees.
Sec. 352. Unified school boards for all Department of Defense domestic 
           dependent schools in the Commonwealth of Puerto Rico and 
           Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic 
           dependent elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents' Education Act of 
           1978.

                  Subtitle G--Military Readiness Issues

Sec. 361. Independent study of military readiness reporting system.
Sec. 362. Independent study of Department of Defense secondary inventory 
           and parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department 
           restructured sustainment and reengineered logistics product 
           support practices.
Sec. 365. Comptroller General review of real property maintenance and 
           its effect on readiness.
Sec. 366. Establishment of logistics standards for sustained military 
           operations.

                Subtitle H--Information Technology Issues

Sec. 371. Discretionary authority to install telecommunication equipment 
           for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated 
           teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of Defense.
Sec. 374. Report on Defense use of Smart Card as PKI authentication 
           device carrier.

                        Subtitle I--Other Matters

Sec. 381. Authority to lend or donate obsolete or condemned rifles for 
           funeral and other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United 
           States Soldiers' and Airmen's Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States 
           Soldiers' and Airmen's Home.
Sec. 385. Treatment of Alaska, Hawaii, and Guam in Defense household 
           goods moving programs.

               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:

[[Page 113 STAT. 557]]

            (1) For the Army, $18,922,494,000.
            (2) For the Navy, $22,641,515,000.
            (3) For the Marine Corps, $2,724,529,000  .
            (4) For the Air Force, $20,961,458,000.
            (5) For Defense-wide activities, $11,496,633,000.
            (6) For the Army Reserve, $1,441,213,000.
            (7) For the Naval Reserve, $937,647,000.
            (8) For the Marine Corps Reserve, $135,766,000.
            (9) For the Air Force Reserve, $1,750,937,000.
            (10) For the Army National Guard, $3,113,684,000.
            (11) For the Air National Guard, $3,168,518,000.
            (12) For the Defense Inspector General, $138,744,000.
            (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, $239,214,000.
            (19) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $55,800,000.
            (20) For Drug Interdiction and Counter-drug Activities, 
        Defense-wide, $803,500,000.
            (21) For the Kaho'olawe Island Conveyance, Remediation, and 
        Environmental Restoration Trust Fund, $15,000,000.
            (22) For Defense Health Program, $10,482,687,000.
            (23) For Cooperative Threat Reduction programs, 
        $475,500,000.
            (24) For Overseas Contingency Operations Transfer Fund, 
        $1,879,600,000.
            (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.

[[Page 113 STAT. 558]]

            (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 transfer 
requirements of this section are in addition to the transfer authority 
provided in section 1001.

     Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 311. ARMED FORCES EMERGENCY SERVICES.

    Of the amount authorized to be appropriated by section 301(5) for 
operation and maintenance for Defense-wide activities,

[[Page 113 STAT. 559]]

$23,000,000 shall be made available to the American Red Cross to fund 
the Armed Forces Emergency Services.
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, such funds as may be necessary, 
but not to exceed $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. LARGE MEDIUM-SPEED ROLL-ON/ROLL-OFF (LMSR) PROGRAM.

    (a) Authorization of Ship.--The Secretary of the Navy is authorized 
to procure the large medium-speed roll-on/roll-off (LMSR) ship to be 
designated T-AKR 307 or T-AKR 317, subject to the availability of 
appropriations for that purpose.
    (b) Amount Authorized.--Of the amount authorized to be appropriated 
under section 302(2) for fiscal year 2000 that is provided for the 
National Defense Sealift Fund, $80,000,000 is available for the advance 
procurement and advance construction of components for the LMSR program 
referred to in subsection (a). The Secretary of the Navy may enter into 
a contract or contracts with the shipbuilder and other entities for the 
advance procurement and advance construction of those components.
SEC. 314. 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 <<NOTE: Certification.>> 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).

[[Page 113 STAT. 560]]

                  Subtitle C--Environmental Provisions

SEC. 321. EXTENSION OF LIMITATION ON PAYMENT OF FINES AND 
                        PENALTIES USING FUNDS IN ENVIRONMENTAL 
                        RESTORATION ACCOUNTS.

    Section 2703(e) of title 10, United States Code, is amended by 
striking ``through 1999,'' both places it appears and inserting 
``through 2010,''.
SEC. 322. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORTS ON 
                        ENVIRONMENTAL COMPLIANCE ACTIVITIES.

    (a) Modification of Requirements.--Subsection (b) of section 2706 of 
title 10, United States Code, is amended to read as follows:
    ``(b) Report <<NOTE: Deadline.>> on Environmental Quality Programs 
and Other Environmental Activities.--(1) The Secretary of Defense shall 
submit to Congress each year, not later than 45 days after the date on 
which the President submits to Congress the budget for a fiscal year, a 
report on the progress made in carrying out activities under the 
environmental quality programs of the Department of Defense and the 
military departments.

    ``(2) Each report shall include the following:
            ``(A) A description of the environmental quality program of 
        the Department of Defense, and of each of the military 
        departments, during the period consisting of the four fiscal 
        years preceding the fiscal year in which the report is 
        submitted, the fiscal year in which the report is submitted, and 
        the fiscal year following the fiscal year in which the report is 
        submitted.
            ``(B) For each of the major activities under the 
        environmental quality programs:
                    ``(i) A specification of the amount expended, or 
                proposed to be expended, in each fiscal year of the 
                period covered by the report.
                    ``(ii) An explanation for any significant change in 
                the aggregate amount to be expended in the fiscal year 
                in which the report is submitted, and in the following 
                fiscal year, when compared with the fiscal year 
                preceding each such fiscal year.
                    ``(iii) An assessment of the manner in which the 
                scope of the activities have changed over the course of 
                the period covered by the report.
            ``(C) A summary of the major achievements of the 
        environmental quality programs and of any major problems with 
        the programs.
            ``(D) A list of the planned or ongoing projects necessary to 
        support the environmental quality programs during the period 
        covered by the report, the cost of which has exceeded or is 
        anticipated to exceed $1,500,000. The list and accompanying 
        material shall include the following:
                    ``(i) A separate listing of the projects inside the 
                United States and of the projects outside the United 
                States.
                    ``(ii) For each project commenced during the first 
                four fiscal years of the period covered by the report 
                (other than a project that was reported as fully 
                executed in the report for a previous fiscal year), a 
                description of--
                          ``(I) the amount specified in the initial 
                      budget request for the project;

[[Page 113 STAT. 561]]

                          ``(II) the aggregate amount allocated to the 
                      project through the fiscal year preceding the 
                      fiscal year for which the report is submitted; and
                          ``(III) the aggregate amount obligated for the 
                      project through that fiscal year.
                    ``(iii) For each project commenced or to be 
                commenced in the fiscal year in which the report is 
                submitted, a description of--
                          ``(I) the amount specified for the project in 
                      the budget for the fiscal year; and
                          ``(II) the amount allocated to the project in 
                      the fiscal year.
                    ``(iv) For each project to be commenced in the last 
                fiscal year of the period, a description of the amount, 
                if any, specified for the project in the budget for the 
                fiscal year.
                    ``(v) If the anticipated aggregate cost of any 
                project covered by the report will exceed by more than 
                25 percent the amount specified in the initial budget 
                request for such project, a justification for that 
                variance.
            ``(E) A statement of the fines and penalties imposed or 
        assessed against the Department of Defense and the military 
        departments under Federal, State, or local environmental laws 
        during the fiscal year in which the report is submitted and the 
        four preceding fiscal years, which shall set forth the 
        following:
                    ``(i) Each Federal environmental statute under which 
                a fine or penalty was imposed or assessed during each 
                such fiscal year.
                    ``(ii) With respect to each such Federal statute--
                          ``(I) the aggregate amount of fines and 
                      penalties imposed under the statute during each 
                      such fiscal year;
                          ``(II) the aggregate amount of fines and 
                      penalties paid under the statute during each such 
                      fiscal year; and
                          ``(III) the total amount required during such 
                      fiscal years for supplemental environmental 
                      projects in lieu of the payment of a fine or 
                      penalty under the statute and the extent to which 
                      the cost of such projects during such fiscal years 
                      has exceeded the original amount of the fine or 
                      penalty.
                    ``(iii) A trend analysis of fines and penalties 
                imposed or assessed during each such fiscal year for 
                military installations inside and outside the United 
                States.
            ``(F) A statement of the amounts expended, and anticipated 
        to be expended, during the period covered by the report for any 
        activities overseas relating to the environment, including 
        amounts for activities relating to environmental remediation, 
        compliance, conservation, pollution prevention, and 
        environmental technology and amounts for conferences, meetings, 
        and studies for pilot programs, and for travel related to such 
        activities.''.

    (b) Conforming Repeal.--Such section is further amended by striking 
subsection (d).
    (c) Definitions.--Subsection (e) of such section is amended by 
adding at the end the following new paragraphs:

[[Page 113 STAT. 562]]

            ``(4) The term `environmental quality program' means a 
        program of activities relating to environmental compliance, 
        conservation, pollution prevention, and such other activities 
        relating to environmental quality as the Secretary concerned may 
        designate for purposes of the program.
            ``(5) The term `major activities', with respect to an 
        environmental quality program, means the following activities 
        under the program:
                    ``(A) Environmental compliance activities.
                    ``(B) Conservation activities.
                    ``(C) Pollution prevention activities.''.
SEC. 323. DEFENSE <<NOTE: Public information. 10 USC 2709 
                        note.>> ENVIRONMENTAL TECHNOLOGY PROGRAM 
                        AND INVESTMENT CONTROL PROCESS FOR 
                        ENVIRONMENTAL TECHNOLOGIES.

    (a) Purposes.--The purposes of this section are--
            (1) to hold the Department of Defense and the military 
        departments accountable for achieving performance-based results 
        in the management of environmental technology by providing a 
        connection between program direction and the achievement of 
        specific performance-based results;
            (2) to assure the identification of end-user requirements 
        for environmental technology within the military departments;
            (3) to assure results, quality of effort, and appropriate 
        levels of service and support for end-users of environmental 
        technology within the military departments; and
            (4) to promote improvement in the performance of 
        environmental technologies by establishing objectives for 
        environmental technology programs, measuring performance against 
        such objectives, and making public reports on the progress made 
        in such performance.

    (b) Investment Control Process.--(1) Chapter 160 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2709. Investment control process for environmental 
                  technologies

    ``(a) Investment Control Process.--The Secretary of Defense shall 
ensure that the technology planning process developed to implement 
section 2501 of this title and section 270(b) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2469) provides for an investment control process for the selection, 
prioritization, management, and evaluation of environmental technologies 
by the Department of Defense, the military departments, and the Defense 
Agencies.
    ``(b) Planning and Evaluation.--The environmental technology 
investment control process required by subsection (a) shall provide, at 
a minimum, for the following:
            ``(1) The active participation by end-users of environmental 
        technology, including the officials responsible for the 
        environmental security programs of the Department of Defense and 
        the military departments, in the selection and prioritization of 
        environmental technologies.
            ``(2) The development of measurable performance goals and 
        objectives for the management and development of environmental 
        technologies and specific mechanisms for assuring the 
        achievement of the goals and objectives.

[[Page 113 STAT. 563]]

            ``(3) Annual performance reviews to determine whether the 
        goals and objectives have been achieved and to take appropriate 
        action in the event that they are not achieved.''.

    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2709. Investment control process for environmental technologies.''.

    (c) Annual Report.--(1) Section 2706 of such title, as amended by 
322(b), is further amended by inserting after subsection (c) the 
following new subsection:
    ``(d) Report <<NOTE: Deadline.>> on Environmental Technology 
Program.--(1) The Secretary of Defense shall submit to Congress each 
year, not later than 45 days after the date on which the President 
submits to Congress the budget for a fiscal year, a report on the 
progress made by the Department of Defense in achieving the objectives 
and goals of its environmental technology program during the preceding 
fiscal year and an overall trend analysis for the program covering the 
previous four fiscal years.

    ``(2) Each such report shall include, with respect to each project 
under the environmental technology program of the Department of Defense, 
the following:
            ``(A) The performance objectives established for the project 
        for the fiscal year and an assessment of the performance 
        achieved with respect to the project in light of performance 
        indicators for the project.
            ``(B) A description of the extent to which the project met 
        the performance objectives established for the project for the 
        fiscal year.
            ``(C) If a project did not meet the performance objectives 
        for the project for the fiscal year--
                    ``(i) an explanation for the failure of the project 
                to meet the performance objectives; and
                    ``(ii) a modified schedule for meeting the 
                performance objectives or, if a performance objective is 
                determined to be impracticable or infeasible to meet, a 
                statement of alternative actions to be taken with 
                respect to the project.''.

    (2) <<NOTE: 10 USC 2706 note.>> The Secretary of Defense shall 
include in the first report submitted under section 2706(d) of title 10, 
United States Code, as added by this subsection, a description of the 
steps taken by the Secretary to ensure that the environmental technology 
investment control process for the Department of Defense satisfies the 
requirements of section 2709 of such title, as added by subsection (b).
SEC. 324. MODIFICATION OF MEMBERSHIP OF STRATEGIC ENVIRONMENTAL 
                        RESEARCH AND DEVELOPMENT PROGRAM COUNCIL.

    Section 2902(b)(1) of title 10, United States Code, is amended by 
striking ``Director of Defense Research and Engineering'' and inserting 
``Deputy Under Secretary of Defense for Science and Technology''.
SEC. 325. EXTENSION OF PILOT PROGRAM FOR SALE OF AIR POLLUTION 
                        EMISSION REDUCTION INCENTIVES.

    Section 351(a) of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1692; 10 U.S.C. 2701 note) is 
amended by striking paragraph (2) and inserting the following new 
paragraph:

[[Page 113 STAT. 564]]

    ``(2) The Secretary may not carry out the pilot program after 
September 30, 2001.''.
SEC. 326. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH 
                        FRESNO DRUM SUPERFUND SITE, FRESNO, 
                        CALIFORNIA.

    (a) Authority.--The Secretary of Defense may pay, using funds 
described in subsection (b), to the Fresno Drum Special Account within 
the Hazardous Substance Superfund established by section 9507 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the 
Environmental Protection Agency for costs incurred by the Agency for 
actions taken under CERCLA at the Fresno Industrial Supply, Inc., site 
in Fresno, California, the following amounts:
            (1) Not more than $778,425 for past response costs incurred 
        by the Agency.
            (2) The amount of the costs identified as ``interest'' costs 
        pursuant to the agreement known as the ``CERCLA Section 
        122(h)(1) Agreement for Payment of Future Response Costs and 
        Recovery of Past Response Costs In the Matter of: Fresno 
        Industrial Supply Inc. Site, Fresno, California'' that was 
        entered into by the Department of Defense and the Environmental 
        Protection Agency on May 22, 1998.

    (b) Source of Funds for Payment.--(1) Subject to paragraph (2), any 
payment under subsection (a) shall be made using the following amounts:
            (A) Amounts authorized to be appropriated by section 301 to 
        the Environmental Restoration Account, Defense, established by 
        section 2703(a)(1) of title 10, United States Code.
            (B) Amounts authorized to be appropriated by section 301 to 
        the Environmental Restoration Account, Army, established by 
        section 2703(a)(2) of such title.
            (C) Amounts authorized to be appropriated by section 301 to 
        the Environmental Restoration Account, Navy, established by 
        section 2703(a)(3) of such title.
            (D) Amounts authorized to be appropriated by section 301 to 
        the Environmental Restoration Account, Air Force, established by 
        section 2703(a)(4) of such title.

    (2) The portion of a payment under paragraph (1) that is derived 
from any account referred to in such paragraph shall bear the same ratio 
to the total amount of such payment as the amount of the hazardous 
substances at the Fresno Industrial Supply, Inc., site that are 
attributable to the department concerned bears to the total amount of 
the hazardous substances at that site.
    (c) CERCLA Defined.--In this section, the term ``CERCLA'' means the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.).
SEC. 327. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER CERCLA IN 
                        CONNECTION WITH F.E. WARREN AIR FORCE 
                        BASE, WYOMING.

    (a) Authority.--The Secretary of the Air Force may pay, using funds 
described in subsection (b), not more than $20,000 as payment of 
stipulated civil penalties assessed on January 13, 1998, against F.E. 
Warren Air Force Base, Wyoming, under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.).

[[Page 113 STAT. 565]]

    (b) Source of Funds for Payment.--Any payment under subsection (a) 
shall be made using amounts authorized to be appropriated by section 301 
to the Environmental Restoration Account, Air Force, established by 
section 2703(a)(4) of title 10, United States Code.
SEC. 328. REMEDIATION OF ASBESTOS AND LEAD-BASED PAINT.

    (a) Use of Existing Contract Vehicles.--The Secretary of Defense 
shall give appropriate consideration to existing contract vehicles, 
including Army Corps of Engineers indefinite delivery, indefinite 
quantity contracts, to provide for the remediation of asbestos and lead-
based paint at military installations within the United States.
    (b) Selection.--The Secretary of Defense shall select the most cost-
effective contract vehicle in accordance with all applicable Federal and 
State laws and Department of Defense regulations.
SEC. 329. RELEASE OF INFORMATION TO FOREIGN COUNTRIES REGARDING 
                        ANY ENVIRONMENTAL CONTAMINATION AT FORMER 
                        UNITED STATES MILITARY INSTALLATIONS IN 
                        THOSE COUNTRIES.

    (a) Response to Request for Information.--Except as provided in 
subsection (b), upon request by the government of a foreign country from 
which United States Armed Forces were withdrawn in 1992, the Secretary 
of Defense shall--
            (1) release to that government available information 
        relevant to the ability of that government to determine the 
        nature and extent of environmental contamination, if any, at a 
        site in that foreign country where the United States operated a 
        military base, installation, or facility before the withdrawal 
        of the United States Armed Forces in 1992; or
            (2) report to Congress on the nature of the information 
        requested and the reasons why the information is not being 
        released.

    (b) Limitation on Release.--Subsection (a)(1) does not apply to--
            (1) any information request described in such subsection 
        that is received by the Secretary of Defense after the end of 
        the one-year period beginning on the date of the enactment of 
        this Act;
            (2) any information that the Secretary determines has been 
        previously provided to the foreign government; and
            (3) any information that the Secretary of Defense believes 
        could adversely affect United States national security.

    (c) Liability of the United States.--The requirement to provide 
information under subsection (a)(1) may not be construed to establish on 
the part of the United States any liability or obligation for the costs 
of environmental restoration or remediation at any site referred to in 
such subsection.
SEC. 330. TOUSSAINT RIVER ORDNANCE MITIGATION STUDY.

    (a) Ordnance Mitigation Study.--(1) The Secretary of Defense shall 
conduct a study and is authorized to remove ordnance infiltrating the 
Federal navigation channel and adjacent shorelines of the Toussaint 
River in Ottawa County, Ohio.
    (2) In conducting the study, the Secretary shall take into account 
any information available from other studies conducted

[[Page 113 STAT. 566]]

in connection with the Federal navigation channel described in paragraph 
(1).
    (b) Report <<NOTE: Deadline.>> on Study Results.--(1) Not later than 
April 1, 2000, the Secretary of Defense shall submit to the 
congressional defense committees and the Committee on Environment and 
Public Works of the Senate a report that summarizes the results of the 
study conducted under subsection (a).

    (2) The Secretary shall include in the report recommendations 
regarding the continuation or termination of any ongoing use of Lake 
Erie as an ordnance firing range, and explain any recommendation to 
continue such activities. The Secretary shall conduct the evaluation and 
assessment in consultation with the government of the State of Ohio and 
local government entities and with appropriate Federal agencies.
    (c) Limitation on Expenditures.--Not more than $800,000 may be 
expended to conduct the study under subsection (a) and prepare the 
report under subsection (b). However, nothing in this section is 
intended to require non-Federal cost-sharing of the costs to perform the 
study.
    (d) Authorization.--Consistent with existing laws, and after 
providing notice to Congress, the Secretary of Defense may work with the 
other relevant Federal, State, local, or private entities to remove 
ordnance resulting from infiltration into the Federal navigation channel 
and adjacent shorelines of the Toussaint River in Ottawa County, Ohio, 
using funds authorized to be appropriated for that specific purpose in 
fiscal year 2000.
    (e) Relation to Other Laws and Agreements.--This section is not 
intended to modify any authorities provided to the Secretary of the Army 
by the Water Resources Development Act of 1986 (33 U.S.C. 2201 et seq.), 
nor is it intended to modify any non-Federal cost-sharing 
responsibilities outlined in any local cooperation agreements.

                   Subtitle D--Depot-Level Activities

SEC. 331. SALES OF ARTICLES AND SERVICES OF DEFENSE INDUSTRIAL 
                        FACILITIES TO PURCHASERS OUTSIDE THE 
                        DEPARTMENT OF DEFENSE.

    (a) Waiver of Certain Conditions.--(1) Section 2208(j) of title 10, 
United States Code, is amended--
            (A) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively;
            (B) by inserting ``(1)'' after ``(j)''; and
            (C) by adding at the end the following new paragraph:

    ``(2) The Secretary of Defense may waive the conditions in paragraph 
(1) in the case of a particular sale if the Secretary determines that 
the waiver is necessary for reasons of national security and notifies 
Congress regarding the reasons for the waiver.''.
    (2) Section 2553(c) of such title is amended--
            (A) by redesignating paragraphs (1) through (6) as 
        subparagraphs (A) through (F), respectively;
            (B) by inserting ``(1)'' before ``A sale''; and
            (C) by adding at the end the following new paragraph:

    ``(2) The Secretary of Defense may waive the condition in paragraph 
(1)(A) and subsection (a)(1) that an article or service must

[[Page 113 STAT. 567]]

be not available from a United States commercial source in the case of a 
particular sale if the Secretary determines that the waiver is necessary 
for reasons of national security and notifies Congress regarding the 
reasons for the waiver.''.
    (b) Clarification of Commercial Nonavailability.--Section 2553(g) of 
such title 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 or within the time 
        required.''.
SEC. 332. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAPITAL FUNDED 
                        INDUSTRIAL FACILITIES.

    Section 2208(j)(1) of title 10, United States Code, as amended by 
section 331, is further amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``or remanufacturing'' and inserting ``, remanufacturing, and 
        engineering'';
            (2) in subparagraph (A), by inserting ``or a subcontract 
        under a Department of Defense contract'' before the semicolon; 
        and
            (3) in subparagraph (B), by striking ``Department of Defense 
        solicitation for such contract'' and inserting ``solicitation 
        for the contract or subcontract''.
SEC. 333. 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 <<NOTE: Deadlines.>> 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

[[Page 113 STAT. 568]]

            ``(B) in the case of a report under paragraph (2), the 
        expenditure projections for future fiscal years are 
        reasonable.''.
SEC. 334. 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. 335. 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 that are significantly different from the requirements used in 
the performance and management of other similar or identical depot-level 
maintenance and repair workloads by the entity, unless the requirements 
are specifically provided in the solicitation for the contract or are 
necessary to ensure compliance with the terms of the contract.''.
SEC. 336. ADDITIONAL MATTERS TO BE REPORTED BEFORE PRIME VENDOR 
                        CONTRACT FOR DEPOT-LEVEL MAINTENANCE AND 
                        REPAIR IS ENTERED INTO.

    Section 346(a) of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C. 
2464 note) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(3) contains an analysis of the extent to which the 
        contract conforms to the requirements of section 2466 of title 
        10, United States Code; and
            ``(4) describes the measures taken to ensure that the 
        contract does not violate the core logistics policies, 
        requirements, and restrictions set forth in section 2464 of that 
        title.''.

     Subtitle E--Performance of Functions by Private-Sector Sources

SEC. 341. REDUCED THRESHOLD FOR CONSIDERATION OF EFFECT ON LOCAL 
                        COMMUNITY OF CHANGING DEFENSE FUNCTIONS TO 
                        PRIVATE SECTOR PERFORMANCE.

    Section 2461(b)(3)(B)(ii) of title 10, United States Code, is 
amended by striking ``75 employees'' and inserting ``50 employees''.

[[Page 113 STAT. 569]]

SEC. 342. 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) <<NOTE: Deadline. Reports.>> 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 currently performing the function to be converted to 
        contractor performance.
            ``(B) A description of the competitive procedure used to 
        award a contract for contractor performance of the commercial 
        activity.
            ``(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. 343. REPORT ON USE OF EMPLOYEES OF NON-FEDERAL ENTITIES TO 
                        PROVIDE SERVICES TO DEPARTMENT OF DEFENSE.

    (a) Report <<NOTE: Deadline.>> Required.--Not later than March 1, 
2001, the Secretary of Defense shall submit to Congress a report 
describing the use during the previous fiscal year of non-Federal 
entities to provide services to the Department of Defense.

    (b) Content of Report.--To the extent practicable using information 
available from existing data collection and reporting systems available 
to the Department of Defense and the non-Federal entities referred to in 
subsection (a), the report shall--
            (1) specify the number of work year equivalents performed by 
        individuals employed by non-Federal entities in providing 
        services to the Department, including both direct and indirect 
        labor attributable to the provision of the services;
            (2) categorize the information by Federal supply class or 
        service code; and
            (3) indicate the appropriation from which the services were 
        funded and the major organizational element of the Department 
        procuring the services.

    (c) Limitation on Requirement for Non-Federal Entities To Provide 
Information.--For the purposes of meeting the requirements set forth in 
subsection (b), the Secretary may not require the provision of 
information beyond the information that

[[Page 113 STAT. 570]]

is currently provided to the Department by the non-Federal entities 
referred to in subsection (a), except for the number of direct and 
indirect work year equivalents associated with Department of Defense 
contracts, identified by contract number, to the extent this information 
is available to the contractor from existing data collection systems.
SEC. 344. EVALUATION OF TOTAL SYSTEM PERFORMANCE RESPONSIBILITY 
                        PROGRAM.

    (a) Report <<NOTE: Deadline.>> 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 maintenance 
        of core Government logistics management skills.
            (3) The process and criteria used by the Air Force to 
        determine whether Government employees or the private sector 
        should perform sustainment management functions.

    (c) Comptroller <<NOTE: Deadline.>> 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. 345. SENSE OF CONGRESS REGARDING PROCESS FOR MODERNIZATION OF 
                        ARMY COMPUTER SERVICES.

    (a) Purpose of Modernization.--It is the sense of Congress that any 
modernization of computer services (also known as the Army Wholesale 
Logistics Modernization Program) of the Army Communications Electronics 
Command of the Army Materiel Command to replace the systems currently 
provided by the Logistics Systems Support Center in St. Louis, Missouri, 
and the Industrial Logistics System Center in Chambersburg, 
Pennsylvania, should have as a primary goal the sustainment of military 
readiness.
    (b) Use of Standard Industry Integration Practices.--It is the sense 
of Congress that, in order to sustain readiness, any contract for the 
modernization of the computer services referred to in subsection (a), in 
addition to containing all of the requirements specified by the 
Secretary of the Army, should require the use of standard industry 
integration practices to provide further readiness risk mitigation.
    (c) Proposed Contractor Practices.--It is the sense of Congress that 
the following practices should be employed by any contractor engaged in 
the modernization of the computer services referred to in subsection (a) 
to ensure continued readiness:
            (1) Testing practices.--Before any proposed modernization 
        solution is implemented, the solution should be rigorously

[[Page 113 STAT. 571]]

        tested to ensure that it meets the performance requirements of 
        the Army and all other functional requirements. At each step in 
        the testing process, confirmation of successful test completion 
        should be required before the contractor begins the next step of 
        the modernization process.
            (2) Implementation team.--The Secretary of the Army should 
        establish an implementation team to monitor efficiencies and 
        effectiveness of the modernization solutions.

    (d) Readiness Sustainment.--It is the sense of Congress that the 
following additional readiness sustainment measures should be undertaken 
as part of the modernization of the computer services referred to in 
subsection (a):
            (1) Government oversight.--It is extremely important that 
        the Army Materiel Command retains sufficient in-house expertise 
        to ensure that readiness is not adversely affected by the 
        modernization efforts and to effectively oversee contractor 
        performance.
            (2) Use of contract partnering.--The Army Materiel Command 
        should encourage partnerships with the contractor, with the 
        primary goal of providing quality contract deliverables on time 
        and at a reasonable price. Any such partnership agreement should 
        constitute a mutual commitment on how the Army Materiel Command 
        and the contractor will interact during the course of the 
        contract, with the objective of facilitating optimum contract 
        performance through teamwork, enhanced communications, 
        cooperation, and good faith performance.

                Subtitle F--Defense Dependents Education

SEC. 351. 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 <<NOTE: Deadline.>> 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).

[[Page 113 STAT. 572]]

            (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. 352. UNIFIED SCHOOL BOARDS FOR ALL DEPARTMENT OF DEFENSE 
                        DOMESTIC DEPENDENT SCHOOLS IN THE 
                        COMMONWEALTH OF PUERTO RICO AND GUAM.

    Section 2164(d)(1) of title 10, United States Code, is amended by 
adding at the end the following new sentence: ``The Secretary may 
provide for the establishment of one school board for all such schools 
in the Commonwealth of Puerto Rico and one school board for all such 
schools in Guam instead of one school board for each military 
installation in those locations.''.
SEC. 353. 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) The 
Secretary of Defense shall permit a dependent of a member of the armed 
forces or a dependent of a Federal employee to continue enrollment in an 
educational program provided by the Secretary 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) The Secretary may, for good cause, authorize a dependent of a 
member of the armed forces or a dependent of a Federal employee to 
continue enrollment in an educational program provided by the Secretary 
pursuant to subsection (a) notwithstanding a change in the status of the 
member or employee that, except for this paragraph, would otherwise 
terminate the eligibility of the dependent to be enrolled in the 
program. The enrollment may continue for as long as the Secretary 
considers appropriate.
    ``(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. 354. 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:

[[Page 113 STAT. 573]]

        ``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--

[[Page 113 STAT. 574]]

                    (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 G--Military Readiness Issues

SEC. 361. 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 required by 
section 117 of title 10, United States Code.
    (2) The Secretary shall provide for the study to be conducted by an 
organization outside the Federal Government that the Secretary considers 
qualified to conduct the study. 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 that has--
            (1) the characteristics and capabilities described in 
        subsections (b) and (c) of section 117 of title 10, United 
        States Code; and
            (2) any other characteristics and capabilities that the 
        organization determines appropriate to measure the capability

[[Page 113 STAT. 575]]

        of the Armed Forces to carry out the strategies and guidance 
        described in subsection (a) of such section.

    (c) Report.--(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.

    (d) Revisions to DOD Readiness Reporting System.--(1) Section 117 of 
title 10, United States Code, is amended--
            (A) in subsection (b)(2), by striking ``with any change'' 
        and all that follows through ``24 hours'' and inserting ``with 
        (A) any change in the overall readiness status of a unit that is 
        required to be reported as part of the readiness reporting 
        system being reported within 24 hours of the event necessitating 
        the change in readiness status, and (B) any change in the 
        overall readiness status of an element of the training 
        establishment or an element of defense infrastructure that is 
        required to be reported as part of the readiness reporting 
        system being reported within 72 hours''; and
            (B) in paragraphs (2), (3), and (5) of subsection (c), by 
        striking ``a quarterly'' and inserting ``an annual''.

    (2) <<NOTE: 10 USC 117 note.>> Subsection (b) of section 373 of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 1992) is amended by striking ``January 
15, 2000'' and inserting ``April 1, 2000''.

    (3) <<NOTE: 10 USC 482 and notes.>> Subsection (d) of such section 
is repealed.

    (e) Revised Time for Implementation of Quarterly Readiness 
Reports.--Section 482(a) of title 10, United States Code, is amended by 
striking ``30 days'' and inserting ``45 days''.
SEC. 362. 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 the General 
Accounting Office, an entity in the private sector that has experience 
in parts and secondary inventory management, or another entity outside 
the Department of Defense that has such experience.
    (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.

[[Page 113 STAT. 576]]

            (2) How much of the retained secondary inventory currently 
        held by the Department could be declared to be excess, 
        determined on the basis of standards that take into account 
        requirements uniquely applicable to the Department of Defense 
        because of its warfighting missions, such as requirements for a 
        war reserve of items.
            (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.
            (5) The adequacy of the Department's schedule and plan for 
        disposing of excess inventory.

    (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 a report containing the results of the study, including 
the entity's findings and conclusions 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 <<NOTE: Deadline. Reports.>> 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.
SEC. 363. REPORT <<NOTE: 10 USC 2458 note.>> ON INVENTORY AND 
                        CONTROL OF MILITARY EQUIPMENT.

    (a) Report <<NOTE: Deadline.>> Required.--Not later than August 31, 
2000, the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
inventory and control of the military equipment of the Department of 
Defense as of the end of fiscal year 1999. The report shall address the 
inventories of each of the Army, Navy, Air Force, and Marine Corps 
separately.

    (b) Content.--The report shall include the following:
            (1) For each item of military equipment in the inventory, 
        stated by item nomenclature--
                    (A) the quantity of the item in the inventory as of 
                the beginning of the fiscal year;
                    (B) the quantity of acquisitions of the item during 
                the fiscal year;
                    (C) the quantity of disposals of the item during the 
                fiscal year;
                    (D) the quantity of losses of the item during the 
                performance of military missions during the fiscal year; 
                and
                    (E) the quantity of the item in the inventory as of 
                the end of the fiscal year.
            (2) A reconciliation of the quantity of each item in the 
        inventory as of the beginning of the fiscal year with the 
        quantity of the item in the inventory as of the end of the 
        fiscal year.

[[Page 113 STAT. 577]]

            (3) For each item of military equipment that cannot be 
        reconciled--
                    (A) an explanation of why the quantities cannot be 
                reconciled; and
                    (B) a discussion of the remedial actions planned to 
                be taken, including target dates for accomplishing the 
                remedial actions.
            (4) Supporting schedules identifying the location of each 
        item that are available to Congress or auditors of the 
        Comptroller General upon request.

    (c) Military Equipment Defined.--For the purposes of this section, 
the term ``military equipment'' means all equipment that is used in 
support of military missions and is maintained on the visibility systems 
of the Army, Navy, Air Force, or Marine Corps.
    (d) Inspector <<NOTE: Deadline.>> General Review.--Not later than 
November 30, 2000, the Inspector General of the Department of Defense 
shall review the report submitted to the committees under subsection (a) 
and shall submit to the committees any comments that the Inspector 
General considers appropriate.
SEC. 364. COMPTROLLER GENERAL STUDY OF ADEQUACY OF DEPARTMENT 
                        RESTRUCTURED SUSTAINMENT AND REENGINEERED 
                        LOGISTICS PRODUCT SUPPORT PRACTICES.

    (a) Study Required.--In accordance with this section, the 
Comptroller General shall conduct a 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) Matters To Be Included in Study.--The Comptroller General shall 
specifically evaluate (and recommend improvements in) the following:
            (1) The military 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.

    (c) Report <<NOTE: Deadline.>> Required.--Not later than March 1, 
2000, the Comptroller General shall submit to Congress a report 
containing the results of the study. The report shall include the 
Comptroller General's findings, conclusions, and recommendations 
concerning each of the matters specified in subsection (b).
SEC. 365. COMPTROLLER GENERAL REVIEW OF REAL PROPERTY MAINTENANCE 
                        AND ITS EFFECT ON READINESS.

    (a) Review Required.--The Comptroller General shall conduct a review 
of the impact that the consistent lack of adequate funding

[[Page 113 STAT. 578]]

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) Funding Matters To Be Reviewed.--In conducting the review under 
this section, the Comptroller General 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) Command and Management Matters To Be Reviewed.--As part of the 
review conducted under this section, the Comptroller General shall--
            (1) review the method of command and management of military 
        installations for the Army, Navy, Marine Corps, and Air Force; 
        and
            (2) develop, based on such review, recommendations for the 
        optimum command structure for military installations, to have 
        major command status, which are designed to enhance the 
        development of installations doctrine, privatization and 
        outsourcing, commercial activities, environmental compliance 
        programs, installation restoration, and military construction.

    (d) Report <<NOTE: Deadline.>> Required.--Not later than March 1, 
2000, the Comptroller General shall submit to Congress a report 
containing the results of the review required under this section and the 
optimum command structure recommended under subsection (c).
SEC. 366. ESTABLISHMENT <<NOTE: 10 USC 113 note.>> OF LOGISTICS 
                        STANDARDS FOR SUSTAINED MILITARY 
                        OPERATIONS.

    (a) Establishment of Standards.--The Secretary of each military 
department shall establish, for deployable units of each of the Armed 
Forces under the jurisdiction of the Secretary, standards 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 for a unit 
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 by 
the Secretary of a military department under subsection (a) shall 
reflect those spare parts and similar logistics capabilities

[[Page 113 STAT. 579]]

that the Secretary considers sufficient for the units of each of the 
Armed Forces under the Secretary's jurisdiction 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 H--Information Technology Issues

SEC. 371. DISCRETIONARY AUTHORITY TO INSTALL TELECOMMUNICATION 
                        EQUIPMENT FOR PERSONS PERFORMING VOLUNTARY 
                        SERVICES.

    (a) Authority.--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 persons, designated in accordance 
with the regulations prescribed under paragraph (4), who provide 
voluntary services accepted under subsection (a)(3).
    ``(2) In the case of equipment installed under the authority of 
paragraph (1), the Secretary concerned may pay the charges incurred for 
the use of the equipment for authorized purposes.
    ``(3) To carry out this subsection, the Secretary concerned may use 
appropriated funds (notwithstanding section 1348 of title 31) 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.
    ``(4) <<NOTE: Regulations.>> The Secretary of Defense and, with 
respect to the Coast Guard when it is not operating as a service in the 
Navy, the Secretary of Transportation shall prescribe regulations to 
carry out this subsection.''.

    (b) Report <<NOTE: Deadline. 10 USC 1588 note.>> on 
Implementation.--Not later than two years after final regulations 
prescribed under subsection (f)(4) of section 1588 of title 10, United 
States Code, as added by subsection (a), take effect, the Comptroller 
General shall review the exercise of authority under such subsection (f) 
and submit to Congress a report on the findings resulting from the 
review.

[[Page 113 STAT. 580]]

SEC. 372. AUTHORITY FOR DISBURSING OFFICERS TO SUPPORT USE OF 
                        AUTOMATED TELLER MACHINES ON NAVAL VESSELS 
                        FOR FINANCIAL TRANSACTIONS.

    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, 
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. 373. USE <<NOTE: 10 USC 113 note.>> OF SMART CARD TECHNOLOGY 
                        IN THE DEPARTMENT OF DEFENSE.

    (a) Department of Navy as Lead Agency.--The Department of the Navy 
shall serve as the lead agency for the development and implementation of 
a Smart Card program for the Department of Defense.
    (b) Cooperation of Other Military Departments.--The Department of 
the Army and the Department of the Air Force shall each establish a 
project office and cooperate with the Department of the Navy to develop 
implementation plans for exploiting the capability of Smart Card 
technology as a means for enhancing readiness and improving business 
processes throughout the military departments.
    (c) Senior <<NOTE: Deadlines. Establishment.>> Coordinating Group.--
(1) Not later than November 30, 1999, the Secretary of Defense shall 
establish a senior coordinating group to develop and implement--
            (A) Department-wide interoperability standards for use of 
        Smart Card technology; and
            (B) a plan to exploit Smart Card technology as a means for 
        enhancing readiness and improving business processes.

    (2) The senior coordinating group shall be chaired by a 
representative of the Secretary of the Navy and shall include senior 
representatives from each of the Armed Forces and such other persons as 
the Secretary of Defense considers appropriate.
    (3) <<NOTE: Reports.>> Not later than March 31, 2000, 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 a detailed discussion of the progress made by the 
senior coordinating group in carrying out its duties.

    (d) Role of Department of Defense Chief Information Office.--The 
senior coordinating group established under subsection (c) shall report 
to and receive guidance from the Department of Defense Chief Information 
Office.
    (e) Increased Use Targeted to Certain Naval Regions.--Not later than 
November 30, 1999, the Secretary of the Navy shall establish a business 
plan to implement the use of Smart Cards in one major Naval region of 
the continental United States that is in the area of operations of the 
United States Atlantic Command and one major Naval region of the 
continental United States that is in the area of operations of the 
United States Pacific Command. The regions selected shall include a 
major fleet concentration area. The implementation of the use of Smart 
Cards in each region shall cover the Navy and Marine Corps bases and

[[Page 113 STAT. 581]]

all non-deployed units in the region. The Secretary of the Navy shall 
submit the business plan to the congressional defense committees.
    (f) Funding for Increased Use of Smart Cards.--Of the funds 
authorized to be appropriated for the Navy by section 102(a)(4) or 
301(2), the Secretary of the Navy--
            (1) shall allocate such amounts as may be necessary, but not 
        to exceed $30,000,000, to ensure that significant progress is 
        made toward complete implementation of the use of Smart Card 
        technology in the Department of the Navy; and
            (2) may allocate additional amounts for the conversion of 
        paper-based records to electronic media for records systems that 
        have been modified to use Smart Card technology.

    (g) Definitions.--In this section:
            (1) The term ``Smart Card'' means a credit card-size device, 
        normally for carrying and use by personnel, that contains one or 
        more integrated circuits and may also employ one or more of the 
        following technologies:
                    (A) Magnetic stripe.
                    (B) Bar codes, linear or two-dimensional.
                    (C) Non-contact and radio frequency transmitters.
                    (D) Biometric information.
                    (E) Encryption and authentication.
                    (F) Photo identification.
            (2) The term ``Smart Card technology'' means a Smart Card 
        together with all of the associated information technology 
        hardware and software that comprise the system for support and 
        operation.

    (h) Repeal of Requirement for Automated Identification Technology 
Office.--Section 344 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
1977; 10 U.S.C. 113 note) is amended by striking subsection (b).
SEC. 374. REPORT ON DEFENSE USE OF SMART CARD AS PKI 
                        AUTHENTICATION DEVICE CARRIER.

    (a) Report <<NOTE: Deadline.>> Required.--Not later than February 1, 
2000, the Secretary of Defense shall submit to Congress a report 
evaluating the option of the Department of Defense using the Smart Card 
as a Public-Private Key Infrastructure authentication device carrier. 
The report shall include the following:
            (1) An evaluation of the advantages and disadvantages of 
        using the Smart Card as a PKI authentication device carrier for 
        the Department of Defense.
            (2) A description of other available devices that could be 
        readily used as a PKI authentication device carrier.
            (3) A comparison of the cost of using the Smart Card and 
        other available devices as the PKI authentication device 
        carrier.

    (b) Definitions.--In this section:
            (1) The term ``Smart Card'' means a credit card-size device, 
        normally for carrying and use by personnel, that contains one or 
        more integrated circuits and may also employ one or more of the 
        following technologies:
                    (A) Magnetic stripe.
                    (B) Bar codes, linear or two-dimensional.
                    (C) Non-contact and radio frequency transmitters.

[[Page 113 STAT. 582]]

                    (D) Biometric information.
                    (E) Encryption and authentication.
                    (F) Photo identification.
            (2) The terms ``Public-Private Key Infrastructure 
        authentication device carrier'' and ``PKI authentication device 
        carrier'' mean a device that physically stores, carries, and 
        employs electronic authentication or encryption keys necessary 
        to create a unique digital signature, digital certificate, or 
        other mark on an electronic document or file.

                        Subtitle I--Other Matters

SEC. 381. AUTHORITY TO LEND OR DONATE OBSOLETE OR CONDEMNED RIFLES 
                        FOR FUNERAL AND OTHER CEREMONIES.

    (a) Authority.--Subsection (a) of section 4683 of title 10, United 
States Code, is amended to read as follows:
    ``(a) Authority <<NOTE: Regulations.>> To Lend or Donate.--(1) The 
Secretary of the Army, under regulations prescribed by the Secretary, 
may conditionally lend or donate excess M-1 rifles (not more than 15), 
slings, and cartridge belts to any eligible organization for use by that 
organization for funeral ceremonies of a member or former member of the 
armed forces, and for other ceremonial purposes.

    ``(2) If the rifles to be loaned or donated under paragraph (1) are 
to be used by the eligible organization for funeral ceremonies of a 
member or former member of the armed forces, the Secretary may issue and 
deliver the rifles, together with the necessary accoutrements and blank 
ammunition, without charge.''.
    (b) Conditions and Definition.--Such section is further amended by 
adding at the end the following new subsections:
    ``(c) Conditions on Loan or Donation.--In lending or donating rifles 
under subsection (a), the Secretary shall impose such conditions on the 
use of the rifles as may be necessary to ensure security, safety, and 
accountability. The Secretary may impose such other conditions as the 
Secretary considers appropriate.
    ``(d) Eligible Organization Defined.--In this section, the term 
`eligible organization' means--
            ``(1) a unit or other organization of honor guards 
        recognized by the Secretary of the Army as honor guards for a 
        national cemetery;
            ``(2) a law enforcement agency; or
            ``(3) a local unit of any organization that, as determined 
        by the Secretary of the Army, is a nationally recognized 
        veterans' organization.''.

    (c) Conforming Amendments.--Subsection (b) of such section is 
amended--
            (1) by inserting ``Relief From Liability.--'' after ``(b)'';
            (2) by striking ``a unit'' and inserting ``an eligible 
        organization''; and
            (3) by striking ``lent'' both places it appears and 
        inserting ``lent or donated''.

    (d) Clerical Amendments.--(1) The heading of such section is amended 
to read as follows:

[[Page 113 STAT. 583]]

``Sec. 4683. Excess M-1 rifles: loan or donation for funeral and 
                  other ceremonial purposes''.

    (2) The item relating to such section in the table of sections at 
the beginning of chapter 443 of such title is amended to read as 
follows:
``4683. Excess M-1 rifles: loan or donation for funeral and other 
            ceremonial purposes.''.

    (e) Report <<NOTE: Deadline. 10 USC 4683 note.>> on 
Implementation.--Not later than two years after the date of the 
enactment of this Act, the Comptroller General shall review the exercise 
of authority under section 4683 of title 10, United States Code, as 
amended by this section, and submit to Congress a report on the findings 
resulting from the review.
SEC. 382. EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.

    Section 391 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1716; 10 U.S.C. 2304 note) is 
amended--
            (1) in subsection (f), by striking ``September 30, 1999'' 
        and inserting ``September 30, 2000'';
            (2) in subsection (g)(1), by striking ``January 1, 2000'' 
        and inserting ``January 1, 2001''; and
            (3) in subsection (g)(2), by striking ``March 1, 2000'' and 
        inserting ``March 1, 2001''.
SEC. 383. 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 part 
A the following new section:
``SEC. 1523. PRESERVATION <<NOTE: 24 USC 423.>> 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.

[[Page 113 STAT. 584]]

    ``(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. 384. 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. 385. 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.

[[Page 113 STAT. 585]]

               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.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to 
           be on active duty in support of the Reserves.
Sec. 415. Selected Reserve end strength flexibility.

               Subtitle C--Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

                        Subtitle A--Active Forces

SEC. 401. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2000, as follows:
            (1) The Army, 480,000.
            (2) The Navy, 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 <<NOTE: 10 USC 691 note.>> Date.--The amendments made 
by subsection (a) shall take effect on October 1, 1999.

                       Subtitle B--Reserve Forces

SEC. 411. <<NOTE: 10 USC 12001 note.>> 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--

[[Page 113 STAT. 586]]

            (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 <<NOTE: 10 USC 12001 note.>> STRENGTHS FOR RESERVES 
                        ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 2000, 
the following number of Reserves to be serving on full-time active duty 
or full-time duty, in the case of members of the National Guard, for the 
purpose of organizing, administering, recruiting, instructing, or 
training the reserve components:
            (1) The Army National Guard of the United States, 22,430.
            (2) The Army Reserve, 12,804.
            (3) The Naval Reserve, 15,010.
            (4) The Marine Corps Reserve, 2,272.
            (5) The Air National Guard of the United States, 11,157.
            (6) The Air Force Reserve, 1,134.
SEC. 413. END <<NOTE: 10 USC 115 note.>> 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 NUMBERS OF MEMBERS IN CERTAIN GRADES 
                        AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT 
                        OF THE RESERVES.

    (a) Officers.--The table in section 12011(a) of title 10, United 
States Code, is amended to read as follows:


------------------------------------------------------------------------
                                                          Air     Marine
                ``Grade                 Army     Navy    Force    Corps
------------------------------------------------------------------------
Major or Lieutenant Commander.......    3,227    1,071      860      140
Lieutenant Colonel or Commander.....    1,611      520      777       90
Colonel or Navy Captain.............      471      188      297    30''.
------------------------------------------------------------------------

    (b) Senior Enlisted Members.--The table in section 12012(a) of such 
title is amended to read as follows:



[[Page 113 STAT. 587]]



------------------------------------------------------------------------
                                                          Air     Marine
                ``Grade                 Army     Navy    Force    Corps
------------------------------------------------------------------------
E-9.................................      645      202      405       20
E-8.................................    2,593      429    1,041    94''.
------------------------------------------------------------------------

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 
$71,884,867,000, and in addition funds in the total amount of 
$1,838,426,000 are authorized to be appropriated to the Department of 
Defense as emergency appropriations for fiscal year 2000 for military 
personnel, as appropriated in section 2012 of the 1999 Emergency 
Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 83). 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. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on 
           active-duty list in frocked grades of brigadier general and 
           rear admiral (lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection 
           for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of 
           inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below 
           the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability 
           of restriction on holding of civil office by retired regular 
           officers and reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree 
           limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint 
           4-star officer positions.

             Subtitle B--Reserve Component Personnel Policy

Sec. 511. Continuation of officers 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. Exclusion of reserve officers on educational delay from 
           eligibility for consideration for promotion.

[[Page 113 STAT. 588]]

Sec. 514. Extension of period for retention of reserve component majors 
           and lieutenant commanders who twice fail of selection for 
           promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required 
           travel on military aircraft for reserves performing inactive-
           duty training outside the continental United States.

                    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. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and 
           Dean of the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service 
           academies of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs 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 confer graduate-level degrees.
Sec. 544. Reserve credit for participation in health professions 
           scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for 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.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill 
           liabilities.

                Subtitle F--Reserve Component Management

Sec. 551. Financial assistance program for pursuit of degrees by officer 
           candidates in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag 
           officers.
Sec. 554. Grade of chiefs of reserve components and additional general 
           officers at the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active 
           duty in support of preparedness for responses to emergencies 
           involving weapons of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure 
           for support of provision of services to veterans.

           Subtitle G--Decorations, Awards, and Commendations

Sec. 561. Waiver of time limitations for award of certain decorations to 
           certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for 
           valor during the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of 
           military decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential unit citation for 
           crew of the U.S.S. Indianapolis.

[[Page 113 STAT. 589]]

               Subtitle H--Matters Relating to Recruiting

Sec. 571. Access to secondary school students for military recruiting 
           purposes.
Sec. 572. Increased authority to extend delayed entry period for 
           enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations purposes.

             Subtitle I--Matters Relating to Missing Persons

Sec. 575. Nondisclosure of debriefing information on certain missing 
           persons previously returned to United States control.
Sec. 576. Recovery and identification of remains of certain World War II 
           servicemen lost in Pacific Theater of Operations.

                        Subtitle J--Other Matters

Sec. 577. Authority for special courts-martial to impose sentences to 
           confinement and forfeitures of pay of up to one year.
Sec. 578. Funeral honors details for funerals of veterans.
Sec. 579. Purpose and funding limitations for National Guard Challenge 
           program.
Sec. 580. Department of Defense Starbase program.
Sec. 581. Survey of members leaving military service on attitudes toward 
           military service.
Sec. 582. Service review agencies covered by professional staffing 
           requirement.
Sec. 583. Participation of members in management of organizations abroad 
           that promote international understanding.
Sec. 584. Support for expanded child care services and youth program 
           services for dependents.
Sec. 585. Report and regulations on Department of Defense policies on 
           protecting the confidentiality of communications with 
           professionals providing therapeutic or related services 
           regarding sexual or domestic abuse.
Sec. 586. Members under burdensome personnel tempo.

                      Subtitle K--Domestic Violence

Sec. 591. Defense task force on domestic violence.
Sec. 592. Incentive program for improving responses to domestic violence 
           involving members of the Armed Forces and military family 
           members.
Sec. 593. Uniform Department of Defense policies for responses to 
           domestic violence.
Sec. 594. Central Department of Defense database on domestic violence 
           incidents.

                  Subtitle A--Officer Personnel Policy

SEC. 501. 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 made 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 retired aviator recall period is the period beginning on October 1, 
1999, and ending on September 30, 2002.
    (f) Report.--Not <<NOTE: Deadline.>> later than March 31, 2002, the 
Secretary of Defense submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of

[[Page 113 STAT. 590]]

Representatives a report on the use of the authority under this section, 
together with the Secretary's recommendation for extension of that 
authority.
SEC. 502. INCREASE IN MAXIMUM NUMBER OF OFFICERS AUTHORIZED TO BE 
                        ON ACTIVE-DUTY LIST IN FROCKED GRADES OF 
                        BRIGADIER GENERAL AND REAR ADMIRAL (LOWER 
                        HALF).

    Section 777(d)(1) of title 10, United States Code, is amended by 
striking ``the following:'' and all that follows and inserting ``55.''.
SEC. 503. RESERVE OFFICERS REQUESTING OR OTHERWISE CAUSING 
                        NONSELECTION FOR PROMOTION.

    (a) Reporting Requirement.--Section 617(c) of title 10, United 
States Code, is amended by striking ``regular''.
    (b) Effective <<NOTE: Applicability. 10 USC 617 note.>> Date.--The 
amendment made by subsection (a) shall apply with respect to boards 
convened under section 611(a) of title 10, United States Code, on or 
after the date of the enactment of this Act.
SEC. 504. MINIMUM GRADE OF OFFICERS ELIGIBLE TO SERVE ON BOARDS OF 
                        INQUIRY.

    (a) Retention Boards for Regular Officers.--The text of section 1187 
of title 10, United States Code, is amended to read as follows:
    ``(a) Active Duty Officers.--Except as provided in subsection (b), 
each board convened under this chapter shall consist of officers 
appointed as follows:
            ``(1) Each member of the board shall be an officer of the 
        same armed force as the officer being required to show cause for 
        retention on active duty.
            ``(2) Each member of the board shall be on the active-duty 
        list.
            ``(3) Each member of the board shall be in a grade above 
        major or lieutenant commander, except that at least one member 
        of the board shall be in a grade above lieutenant colonel or 
        commander.
            ``(4) Each member of the board shall be senior in grade to 
        any officer to be considered by the board.

    ``(b) Retired Officers.--If qualified officers on active duty are 
not available in sufficient numbers to comprise a board convened under 
this chapter, the Secretary of the military department concerned shall 
complete the membership of the board by appointing to the board retired 
officers of the same armed force. A retired officer may be appointed to 
such a board only if the retired grade of that officer--
            ``(1) is above major or lieutenant commander or, in the case 
        of an officer to be the senior officer of the board, above 
        lieutenant colonel or commander; and
            ``(2) is senior to the grade of any officer to be considered 
        by the board.

    ``(c) Ineligibility by Reason of Previous Consideration of Same 
Officer.--No person may be a member of more than one board convened 
under this chapter to consider the same officer.
    ``(d) Exclusion From Strength Limitation.--A retired general or flag 
officer who is on active duty for the purpose of serving on a board 
convened under this chapter shall not, while so serving,

[[Page 113 STAT. 591]]

be counted against any limitation on the number of general and flag 
officers who may be on active duty.''.
    (b) Retention Boards for Reserve Officers.--Subsection (a) of 
section 14906 of such title is amended to read as follows:
    ``(a) Composition of Boards.--Each board convened under this chapter 
shall consist of officers appointed as follows:
            ``(1) Each member of the board shall be an officer of the 
        same armed force as the officer being required to show cause for 
        retention in an active status.
            ``(2) Each member of the board shall hold a grade above 
        major or lieutenant commander, except that at least one member 
        of the board shall hold a grade above lieutenant colonel or 
        commander.
            ``(3) Each member of the board shall be senior in grade to 
        any officer to be considered by the board.''.
SEC. 505. MINIMUM SELECTION OF WARRANT OFFICERS FOR PROMOTION FROM 
                        BELOW THE PROMOTION ZONE.

    Section 575(b)(2) of title 10, United States Code, is amended by 
adding at the end the following new sentence: ``If the number determined 
under this subsection with respect to a promotion zone within a grade 
(or grade and competitive category) is less than one, the board may 
recommend one such officer for promotion from below the zone within that 
grade (or grade and competitive category).''.
SEC. 506. INCREASE IN THRESHOLD PERIOD OF ACTIVE DUTY FOR 
                        APPLICABILITY OF RESTRICTION ON HOLDING OF 
                        CIVIL OFFICE BY RETIRED REGULAR OFFICERS 
                        AND RESERVE OFFICERS.

    Section 973(b)(1) of title 10, United States Code, is amended--
            (1) in subparagraph (B), by striking ``180 days'' and 
        inserting ``270 days''; and
            (2) in subparagraph (C), by striking ``180 days'' and 
        inserting ``270 days''.
SEC. 507. EXEMPTION OF RETIREE COUNCIL MEMBERS FROM RECALLED 
                        RETIREE LIMITS.

    Section 690(b)(2) of title 10, United States Code, is amended by 
adding at the end the following new subparagraph:
            ``(D) Any member of the Retiree Council of the Army, Navy, 
        or Air Force for the period on active duty to attend the annual 
        meeting of the Retiree Council.''.
SEC. 508. 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 or 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--

[[Page 113 STAT. 592]]

            (1) by striking ``(1) Until January 1, 1997, an'' and 
        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).
SEC. 509. THREE-YEAR EXTENSION OF REQUIREMENT FOR COMPETITION FOR 
                        JOINT 4-STAR OFFICER POSITIONS.

    (a) Extension of Requirement.--Section 604(c) of title 10, United 
States Code, is amended by striking ``September 30, 2000'' and inserting 
``September 30, 2003''.
    (b) Grade Relief.--Section 525(b)(5)(C) of such title is amended by 
striking ``September 30, 2000'' and inserting ``September 30, 2003''.
    (c) Clarification of Certain Limitations on Number of Active-Duty 
Generals and Admirals.--Paragraph (5) of section 525(b) of such title is 
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 
be, 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 Component Personnel Policy

SEC. 511. CONTINUATION OF OFFICERS 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 of officers to complete disciplinary 
                    action

    ``The Secretary concerned may delay the separation or retirement 
under this chapter of an officer against whom an action has been 
commenced with a view to trying the officer by court-martial. Any such 
delay may continue until the completion of the disciplinary action 
against the officer.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:
``14518. Continuation of officers 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 a military department may, with the consent of the member, order a 
member of a reserve component to active duty--

[[Page 113 STAT. 593]]

            ``(A) to receive authorized medical care;
            ``(B) to be medically evaluated for disability or other 
        purposes; or
            ``(C) 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, 
with the member's consent, be retained on active duty, if the Secretary 
concerned considers it appropriate, for medical treatment for a 
condition associated with the study or evaluation, if that treatment of 
the member is otherwise 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 be ordered to active 
duty under this subsection only with the consent of the Governor or 
other appropriate authority of the State concerned.''.
SEC. 513. EXCLUSION OF RESERVE OFFICERS ON EDUCATIONAL DELAY FROM 
                        ELIGIBILITY FOR CONSIDERATION FOR 
                        PROMOTION.

    (a) Exclusion.--Section 14301 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h) Officers on Educational Delay.--An officer on the reserve 
active-status list is ineligible for consideration for promotion, but 
shall remain on the reserve active-status list, while the officer--
            ``(1) is pursuing a program of graduate level education in 
        an educational delay status approved by the Secretary concerned; 
        and
            ``(2) is receiving from the Secretary financial assistance 
        in connection with the pursuit of that program of education 
        while in that status.''.

    (b) Retroactive <<NOTE: 10 USC 14301 note.>> Effect.--(1) Subsection 
(h) of section 14301 of title 10, United States Code (as added by 
subsection (a)), shall apply with respect to boards convened under 
section 14101(a) of such title before, on, or after the date of the 
enactment of this Act.

    (2) <<NOTE: Records.>> The Secretary of the military department 
concerned, upon receipt of request submitted in a form and manner 
prescribed by the Secretary, shall expunge from the military records of 
an officer any indication of a failure of selection of the officer for 
promotion by a board referred to in paragraph (1) while the officer was 
ineligible for consideration by that board by reason of section 14301(h) 
of title 10, United States Code.
SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RESERVE COMPONENT 
                        MAJORS AND LIEUTENANT COMMANDERS WHO TWICE 
                        FAIL OF SELECTION FOR PROMOTION.

    (a) Parity With Officers in Pay Grades O-2 and O-3.--Section 14506 
of title 10, United States Code, is amended--
            (1) by inserting ``the later of (1)'' after ``in accordance 
        with section 14513 of this title on''; and
            (2) by inserting before the period at the end the following: 
        ``, or (2) the first day of the seventh month after the month in 
        which the President approves the report of the board which 
        considered the officer for the second time''.

    (b) Effective <<NOTE: Applicability. 10 USC 14506 note.>> Date.--The 
amendments made by subsection (a) shall apply with respect to removals 
of reserve officers from

[[Page 113 STAT. 594]]

reserve active-status lists under section 14506 of title 10, United 
States Code, on or after the date of the enactment of this Act.
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 the 
following:
            ``(1) Service as a warrant officer.
            ``(2) Constructive service.
            ``(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 to a professional specialty, but only 
        if that 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.
    ``(c) For purposes of subsection (a)(3), an officer shall be 
considered to be in a professional specialty if the officer is appointed 
or assigned to the Medical Corps, the Dental Corps, the Veterinary 
Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical 
Specialists Corps or is designated as a chaplain or judge advocate.''.
SEC. 516. RETENTION OF RESERVE COMPONENT CHAPLAINS UNTIL AGE 67.

    Section 14703(b) of title 10, United States Code, is amended by 
striking ``(or, in the case of a reserve officer of the Army in the 
Chaplains or a reserve officer of the Air Force designated as a 
chaplain, 60 years of age)''.
SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE-
                        REQUIRED TRAVEL ON MILITARY AIRCRAFT FOR 
                        RESERVES PERFORMING INACTIVE-DUTY TRAINING 
                        OUTSIDE THE CONTINENTAL UNITED STATES.

    (a) Authority.--(1) Chapter 1805 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 18505. Reserves traveling to inactive-duty training OCONUS: 
                    authority for space-required travel

    ``(a) In the case of a member of a reserve component whose place of 
inactive-duty training is outside the contiguous States (including a 
place other than the place of the member's unit training assembly if the 
member is performing the inactive-duty training in another location), 
the member may travel in a space-required status on aircraft of the 
armed forces between the member's home and the place of such training if 
there is no transportation between those locations by means of road or 
railroad (or a combination of road and railroad).
    ``(b) A member traveling in a space-required status on any such 
aircraft under subsection (a) is not authorized to receive travel,

[[Page 113 STAT. 595]]

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:
``18505. Reserves traveling to inactive-duty training OCONUS: authority 
              for space-required travel.''.

    (b) Repeal of Superseded Authority.--Section 8023 of Public Law 105-
262 (112 Stat. 2302) is repealed.
    (c) Effective <<NOTE: Applicability. 10 USC 18505 note.>> Date.--The 
amendments made by this section shall apply with respect to travel 
commencing on or after the date of the enactment of this Act.

                    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 ``not to exceed 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 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.

[[Page 113 STAT. 596]]

    ``(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 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 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 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-

[[Page 113 STAT. 597]]

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).''.

    (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) <<NOTE: Effective date. Applicability. 10 USC 10218 
note.>> 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--

[[Page 113 STAT. 598]]

            (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 <<NOTE: Effective dates.>> 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.''.
    (b) 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.

[[Page 113 STAT. 599]]

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) <<NOTE: Regulations.>> 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;

[[Page 113 STAT. 600]]

            ``(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. <<NOTE: 10 USC 10217 note.>> 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 <<NOTE: 10 USC 113 note.>> 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:

[[Page 113 STAT. 601]]

            (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 <<NOTE: Deadline.>> 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. STRENGTH <<NOTE: 10 USC 4342 note.>> LIMITATIONS AT THE 
                        SERVICE ACADEMIES.

    (a) United <<NOTE: Deadline.>> States Military Academy.--(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 an academic year is graduation day.

[[Page 113 STAT. 602]]

    (b) Reenactment of Limitation; Authorized Variance.--(1) 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 in subsection (a) establishing 
the aggregate authorized strength of the Corps of Cadets, the Secretary 
of the Army may for any year (beginning with the 2001-2002 academic 
year) permit a variance in that limitation by not more than one percent. 
In applying that limitation, and any such variance, the last day of an 
academic year shall be considered to be graduation day.''.
    (2) 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 in subsection (a) establishing 
the aggregate authorized strength of the Brigade of Midshipmen, the 
Secretary of the Navy may for any year permit a variance in that 
limitation by not more than one percent. In applying that limitation, 
and any such variance, the last day of an academic year shall be 
considered to be graduation day.''.
    (3) 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 in subsection (a) establishing 
the aggregate authorized strength of Air Force Cadets, the Secretary of 
the Air Force may for any year permit a variance in that limitation by 
not more than one percent. In applying that limitation, and any such 
variance, the last day of an academic year shall be considered to be 
graduation day.''.
    (4) 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. 532. SUPERINTENDENTS OF THE SERVICE ACADEMIES.

    (a) Position of Superintendent Required To Be Terminal Position.--
(1)(A) Chapter 367 of title 10, United States Code, is amended by 
inserting after section 3920 the following new section:
``Sec. 3921. Mandatory retirement: Superintendent of the United 
                  States Military Academy

    ``Upon the termination of the detail of an officer to the position 
of Superintendent of the United States Military Academy, the Secretary 
of the Army shall retire the officer under any provision of this chapter 
under which that officer is eligible to retire.''.

[[Page 113 STAT. 603]]

    (B) Chapter 403 of such title is amended by inserting after section 
4333 the following new section:

``Sec. 4333a. Superintendent: condition for detail to position

    ``As a condition for detail to the position of Superintendent of the 
Academy, an officer shall acknowledge that upon termination of that 
detail the officer shall be retired.''.
    (2)(A) Chapter 573 of such title is amended by inserting after the 
table of sections at the beginning of such chapter the following new 
section:
``Sec. 6371. Mandatory retirement: Superintendent of the United 
                  States Naval Academy

    ``Upon the termination of the detail of an officer to the position 
of Superintendent of the United States Naval Academy, the Secretary of 
the Navy shall retire the officer under any provision of chapter 571 of 
this title under which the officer is eligible to retire.''.
    (B) Chapter 603 of such title is amended by inserting after section 
6951 the following new section:

``Sec. 6951a. <<NOTE: Establishment.>> Superintendent

    ``(a) There is a Superintendent of the United States Naval Academy. 
The immediate governance of the Naval Academy is under the 
Superintendent.
    ``(b) <<NOTE: President.>> The Superintendent shall be detailed to 
that position by the President. As a condition for detail to that 
position, an officer shall acknowledge that upon termination of that 
detail the officer shall be retired.''.

    (3)(A) Chapter 867 of such title is amended by inserting after 
section 8920 the following new section:
``Sec. 8921. Mandatory retirement: Superintendent of the United 
                  States Air Force Academy

    ``Upon the termination of the detail of an officer to the position 
of Superintendent of the United States Air Force Academy, the Secretary 
of the Air Force shall retire the officer under any provision of this 
chapter under which the officer is eligible to retire.''.
    (B) Chapter 903 of such title is amended by inserting after section 
9333 the following new section:

``Sec. 9333a. Superintendent: condition for detail to position

    ``As a condition for detail to the position of Superintendent of the 
Academy, an officer shall acknowledge that upon termination of that 
detail the officer shall be retired.''.
    (4)(A) The table of sections at the beginning of chapter 367 of 
title 10, United States Code, is amended by inserting after the item 
relating to section 3920 the following new item:
``3921. Mandatory retirement: Superintendent of the United States 
            Military Academy.''.

    (B) The table of sections at the beginning of chapter 403 of such 
title is amended by inserting after the item relating to section 4333 
the following new item:
``4333a. Superintendent: condition for detail to position.''.


[[Page 113 STAT. 604]]



    (C) The table of sections at the beginning of chapter 573 of such 
title is amended by inserting before the item relating to section 6383 
the following new item:
``6371. Mandatory retirement: Superintendent of the United States Naval 
            Academy.''.

    (D) The table of sections at the beginning of chapter 603 of such 
title is amended by inserting after the item relating to section 6951 
the following new item:
``6951a. Superintendent.''.

    (E) The table of sections at the beginning of chapter 867 of such 
title is amended by inserting after the item relating to section 8920 
the following new item:
``8921. Mandatory retirement: Superintendent of the United States Air 
            Force Academy.''.

    (F) The table of sections at the beginning of chapter 903 of such 
title is amended by inserting after the item relating to section 9333 
the following new item:
``9333a. Superintendent: condition for detail to position.''.

    (5) <<NOTE: 10 USC 3921 note.>> The amendments made by this 
subsection shall not apply to an officer serving on the date of the 
enactment of this Act in the position of Superintendent of the United 
States Military Academy, Superintendent of the United States Naval 
Academy, or Superintendent of the United States Air Force Academy for so 
long as that officer continues on and after that date to serve in that 
position without a break in service.

    (b) Exclusion From Certain General and Flag Officer Grade Strength 
Limitations.--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 States 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).''.
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

[[Page 113 STAT. 605]]

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. 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 <<NOTE: Applicability. 10 USC 4344 note.>> 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.

    (e) Conforming Repeal.--Section 301 of the 1999 Emergency 
Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 66) 
is <<NOTE: Ante, p. 66.>> repealed.
SEC. 535. EXPANSION OF FOREIGN EXCHANGE PROGRAMS OF THE SERVICE 
                        ACADEMIES.

    (a) United States Military Academy.--Section 4345 of title 10, 
United States Code, is amended--
            (1) in subsection (b), by striking ``10 cadets'' and 
        inserting ``24 cadets''; and
            (2) in subsection (c)(3), by striking ``$50,000'' and 
        inserting ``$120,000''.

    (b) United States Naval Academy.--Section 6957a of such title is 
amended--
            (1) in subsection (b), by striking ``10 midshipmen'' and 
        inserting ``24 midshipmen''; and

[[Page 113 STAT. 606]]

            (2) in subsection (c)(3), by striking ``$50,000'' and 
        inserting ``$120,000''.

    (c) United States Air Force Academy.--Section 9345 of such title is 
amended--
            (1) in subsection (b), by striking ``10 Air Force cadets'' 
        and inserting ``24 Air Force cadets''; and
            (2) in subsection (c)(3), by striking ``$50,000'' and 
        inserting ``$120,000''.

                   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.''.


[[Page 113 STAT. 607]]



    (b) Effective <<NOTE: 10 USC 2111b note.>> 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 <<NOTE: Regulations.>> 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 CONFER 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 the recommendation of the faculty of the 
appropriate school of the Air University, 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 Airpower 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.''.

[[Page 113 STAT. 608]]

SEC. 544. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFESSIONS 
                        SCHOLARSHIP AND FINANCIAL ASSISTANCE 
                        PROGRAM.

    Section 2126(b) of title 10, United States Code, is amended--
            (1) by striking paragraphs (2) and (3) and inserting the 
        following:

    ``(2) Service credited under paragraph (1) counts only for the award 
of retirement points for computation of years of service under section 
12732 of this title and for computation of retired pay under section 
12733 of this title.
    ``(3) The number of points credited to a member under paragraph (1) 
for a year of participation in a course of study is 50. The points shall 
be credited to the member for one of the years of that participation at 
the end of each year after the completion of the course of study that 
the member serves in the Selected Reserve and is credited under section 
12732(a)(2) of this title with at least 50 points. The points credited 
for the participation shall be recorded in the member's records as 
having been earned in the year of the participation in the course of 
study.'';
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following new 
        paragraph (5):

    ``(5) A member of the Selected Reserve may be considered to be in an 
active status while pursuing a course of study under this subchapter 
only for purposes of sections 12732(a) and 12733(3) of this title.''.
SEC. 545. PERMANENT AUTHORITY FOR ROTC SCHOLARSHIPS FOR GRADUATE 
                        STUDENTS.

    Section 2107(c)(2) of title 10, United States Code, is amended to 
read as follows:
    ``(2) The Secretary of the military department concerned may provide 
financial assistance, as described in paragraph (1), to a student 
enrolled in an advanced education program beyond the baccalaureate 
degree level if the student also is a cadet or midshipman in an advanced 
training program. Not more than 15 percent of the total number of 
scholarships awarded under this section in any year may be awarded under 
this paragraph.''.
SEC. 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 <<NOTE: 37 USC 209 note.>> 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

[[Page 113 STAT. 609]]

$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 <<NOTE: Applicability. 10 USC 2033 note.>> 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 <<NOTE: Deadline.>> 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. The Secretary may submit the report more frequently 
and adjust the period covered by the report accordingly.''.

    (b) Clerical Amendment.--The item relating to such section in 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)(1) may be provided by contract or by 
grant (including a grant of funds to be available for student aid) to an 
institution of higher education (including any subelement of such 
institution) if the Secretary of Defense determines that that 
institution (or any subelement of that institution) 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 that 
        institution (or any subelement of that institution); or

[[Page 113 STAT. 610]]

            ``(2) a student at that institution (or any subelement of 
        that institution) 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)(2) may be provided by 
contract or by grant (including a grant of funds to be available for 
student aid) to an institution of higher education (including any 
subelement of such institution) if the Secretary of Defense determines 
that that institution (or any subelement of that institution) has a 
policy or practice (regardless of when implemented) that either 
prohibits, or in effect prevents--
            ``(1) the Secretary of a military department or Secretary of 
        Transportation 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 that institution 
        (or any subelement of that institution):
                    ``(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 an institution of higher education (or any 
subelement of that institution) if the Secretary of Defense determines 
that--
            ``(1) the institution (and each subelement of that 
        institution) 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.--(1) The limitation established in subsection 
(a) applies to the following:
            ``(A) Any funds made available for the Department of 
        Defense.
            ``(B) Any funds made available in a Departments of Labor, 
        Health and Human Services, and Education, and Related Agencies 
        Appropriations Act.

    ``(2) The limitation established in subsection (b) applies to the 
following:
            ``(A) Funds described in paragraph (1).
            ``(B) Any funds made available for the Department of 
        Transportation.

    ``(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) <<NOTE: Federal Register, publication.>> shall publish 
        in the Federal Register a notice of the determination and the 
        effect of the determination on the eligibility of the 
        institution of higher education (and any subelement of that 
        institution) for contracts and grants.

    ``(f) Semiannual <<NOTE: Records.>> Notice in Federal Register.--The 
Secretary of Defense shall publish in the Federal Register once every 
six

[[Page 113 STAT. 611]]

months a list of each institution of higher education that is currently 
ineligible for contracts and grants by reason of a determination of the 
Secretary under subsection (a) or (b).''.

    (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).
SEC. 550. ACCRUAL FUNDING FOR COAST GUARD MONTGOMERY GI BILL 
                        LIABILITIES.

    Section 2006 of title 10, United States Code, is amended as follows:
            (1) Subsection (a) is amended by striking ``Department of 
        Defense education liabilities'' and inserting ``armed forces 
        education liabilities''.
            (2) Paragraph (1) of subsection (b) is amended to read as 
        follows:
            ``(1) The term `armed forces education liabilities' means 
        liabilities of the armed forces for benefits under chapter 30 of 
        title 38 and for Department of Defense benefits under chapter 
        1606 of this title.''.
            (3) Subsection (b)(2)(C) is amended--
                    (A) by inserting ``Department of Defense'' after 
                ``future''; and
                    (B) by striking ``chapter 106'' and inserting 
                ``chapter 1606''.
            (4) Subsection (c)(1) is amended by inserting ``and the 
        Secretary of the Department in which the Coast Guard is 
        operating'' after ``Defense''.
            (5) Subsection (d) is amended--
                    (A) by striking ``Department of Defense'' and 
                inserting ``armed forces''; and
                    (B) by inserting ``the Secretary of the Department 
                in which the Coast Guard is operating,'' after 
                ``Secretary of Defense,''.
            (6) Subsection (f)(5) is amended by inserting ``and the 
        Department in which the Coast Guard is operating'' after 
        ``Department of Defense''.
            (7) Subsection (g) is amended--
                    (A) by inserting ``and the Secretary of the 
                Department in which the Coast Guard is operating'' in 
                paragraphs (1) and (2) after ``The Secretary of 
                Defense''; and
                    (B) by striking ``of a military department'' in 
                paragraph (3) and inserting ``concerned''.

[[Page 113 STAT. 612]]

                Subtitle F--Reserve Component Management

SEC. 551. FINANCIAL ASSISTANCE PROGRAM FOR PURSUIT OF DEGREES BY 
                        OFFICER CANDIDATES IN MARINE CORPS PLATOON 
                        LEADERS CLASS PROGRAM.

    (a) In General.--(1) Part IV of subtitle E of title 10, United 
States Code, is amended by adding at the end the following new chapter:

          ``CHAPTER 1611--OTHER EDUCATIONAL ASSISTANCE PROGRAMS

``Sec.
``16401. Marine Corps Platoon Leaders Class program: officer candidates 
              pursuing degrees.
``Sec. 16401. Marine Corps Platoon Leaders Class program: officer 
                    candidates pursuing degrees

    ``(a) Authority for Financial Assistance Program.--The Secretary of 
the Navy may provide financial assistance to an eligible enlisted member 
of the Marine Corps Reserve for expenses of the member while the member 
is pursuing on a full-time basis at an institution of higher education a 
program of education approved by the Secretary that leads to--
            ``(1) a baccalaureate degree in less than five academic 
        years; or
            ``(2) a doctor of jurisprudence or bachelor of laws degree 
        in not more than three academic years.

    ``(b) Eligibility.--(1) To be eligible for financial assistance 
under this section, an enlisted member of the Marine Corps Reserve 
must--
            ``(A) be an officer candidate in the Marine Corps Platoon 
        Leaders Class program and have successfully completed one six-
        week (or longer) increment of military training required under 
        that program;
            ``(B) meet the applicable age requirement specified in 
        paragraph (2);
            ``(C) be enrolled on a full-time basis in a program of 
        education referred to in subsection (a) at any institution of 
        higher education; and
            ``(D) enter into a written agreement with the Secretary 
        described in paragraph (3).

    ``(2)(A) In the case of a member pursuing a baccalaureate degree, 
the member meets the age requirements of this paragraph if the member 
will be under 27 years of age on June 30 of the calendar year in which 
the member is projected to be eligible for appointment as a commissioned 
officer in the Marine Corps through the Marine Corps Platoon Leaders 
Class program, except that if the member has served on active duty, the 
member may, on such date, be any age under 30 years that exceeds 27 
years by a number of months that is not more than the number of months 
that the member served on active duty.
    ``(B) In the case of a member pursuing a doctor of jurisprudence or 
bachelor of laws degree, the member meets the age requirements of this 
paragraph if the member will be under 31 years of age

[[Page 113 STAT. 613]]

on June 30 of the calendar year in which the member is projected to be 
eligible for appointment as a commissioned officer in the Marine Corps 
through the Marine Corps Platoon Leaders Class program, except that if 
the member has served on active duty, the member may, on such date, be 
any age under 35 years that exceeds 31 years by a number of months that 
is not more than the number of months that the member served on active 
duty.
    ``(3) A written agreement referred to in paragraph (1)(D) is an 
agreement between the member and the Secretary in which the member 
agrees--
            ``(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 at least five years; and
            ``(C) under such terms and conditions as shall be prescribed 
        by the Secretary, to serve in the Marine Corps Reserve until the 
        eighth anniversary of the date of the appointment.

    ``(c) Covered Expenses.--Expenses for which financial assistance may 
be provided under this section are--
            ``(1) tuition and fees charged by the institution of higher 
        education involved;
            ``(2) the cost of books; and
            ``(3) in the case of a program of education leading to a 
        baccalaureate degree, laboratory expenses.

    ``(d) Amount.--The amount of financial assistance provided to a 
member under this section shall be prescribed by the Secretary, but may 
not exceed $5,200 for any academic year.
    ``(e) Limitations.--(1) Financial assistance may be provided to a 
member under this section only for three consecutive academic years.
    ``(2) Not more than 1,200 members may participate in the financial 
assistance program under this section in any academic year.
    ``(f) Failure To Complete Program.--(1) A member who receives 
financial assistance under this section may be ordered to active duty in 
the Marine Corps by the Secretary to serve in an appropriate enlisted 
grade for such period as the Secretary prescribes, but not for more than 
four years, if the member--
            ``(A) completes the military and academic requirements of 
        the Marine Corps Platoon Leaders Class program and refuses to 
        accept an appointment as a commissioned officer in the Marine 
        Corps 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.

    ``(2) The Secretary of the Navy may waive the obligated service 
under paragraph (1) of a person who is not physically qualified for 
appointment under section 532 of this title and later 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.
    ``(g) Institution of Higher Education Defined.--In this section, the 
term `institution of higher education' has the meaning

[[Page 113 STAT. 614]]

given that term in section 101 of the Higher Education Act of 1965 (20 
U.S.C. 1001).''.
    (2) The tables of chapters at the beginning of subtitle E of such 
title and at the beginning of part IV of such subtitle are amended by 
adding after the item relating to chapter 1609 the following new item:

``1611. Other Educational Assistance Programs...................16401''.

    (b) Conforming Amendment.--Section 3695(a)(5) of title 38, United 
States Code, is amended by striking ``Chapters 106 and 107'' and 
inserting ``Chapters 107, 1606, and 1610''.
    (c) Computation of Creditable Service.--Section 205 of title 37, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(f) Notwithstanding subsection (a), the periods of service of a 
commissioned officer appointed under section 12209 of title 10 after 
receiving financial assistance under section 16401 of such title that 
are counted under this section may not include 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 (concurrently with the period of service as a 
member of the Marine Corps Platoon Leaders Class program) as an enlisted 
member on active duty or as a member of the Selected Reserve may be so 
counted.''.
    (d) Transition <<NOTE: 10 USC 16401 note.>> Provision.--(1) An 
enlisted member of the Marine Corps Reserve selected for training as an 
officer candidate under section 12209 of title 10, United States Code, 
before implementation of a financial assistance program under section 
16401 of such title (as added by subsection (a)) may, upon application, 
participate in the financial assistance program established under 
section 16401 of such title (as added by subsection (a)) if the member--
            (A) is eligible for financial assistance under such section 
        16401;
            (B) <<NOTE: Deadline.>> submits a request for the financial 
        assistance to the Secretary of the Navy not later than 180 days 
        after the date on which the Secretary establishes the financial 
        assistance program; and
            (C) enters into a written agreement described in subsection 
        (b)(3) of such section.

    (2) Section 205(f) of title 37, United States Code, as added by 
subsection (c), applies to a member referred to in paragraph (1).
SEC. 552. 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

[[Page 113 STAT. 615]]

new, fully resourced recruiting organization under the command and 
control of the Chief, Army Reserve.
    (c) Report.--Not <<NOTE: Deadline.>> later than July 1, 2000, the 
Secretary shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services 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.
SEC. 553. JOINT DUTY ASSIGNMENTS FOR RESERVE COMPONENT GENERAL AND 
                        FLAG OFFICERS.

    Subsection (b) of section 526 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):

    ``(2)(A) The Chairman of the Joint Chiefs of Staff may designate up 
to 10 general and flag officer positions on the staffs of the commanders 
of the unified and specified combatant commands as positions to be held 
only by reserve component officers who are in a general or flag officer 
grade below lieutenant general or vice admiral. Each position so 
designated shall be considered to be a joint duty assignment position 
for purposes of chapter 38 of this title.
    ``(B) A reserve component officer serving in a position designated 
under subparagraph (A) while on active duty under a call or order to 
active duty that does not specify a period of 180 days or less shall not 
be counted for the purposes of the limitations under subsection (a) and 
under section 525 of this title if the officer was selected for service 
in that position in accordance with the procedures specified in 
subparagraph (C).
    ``(C) Whenever a vacancy occurs, or is anticipated to occur, in a 
position designated under subparagraph (A)--
            ``(i) the Secretary of Defense shall require the Secretary 
        of the Army to submit the name of at least one Army reserve 
        component officer, the Secretary of the Navy to submit the name 
        of at least one Naval Reserve officer and the name of at least 
        one Marine Corps Reserve officer, and the Secretary of the Air 
        Force to submit the name of at least one Air Force reserve 
        component officer for consideration by the Secretary for 
        assignment to that position; and
            ``(ii) the Chairman of the Joint Chiefs of Staff may submit 
        to the Secretary of Defense the name of one or more officers (in 
        addition to the officers whose names are submitted pursuant to 
        clause (i)) for consideration by the Secretary for assignment to 
        that position.

    ``(D) Whenever the Secretaries of the military departments are 
required to submit the names of officers under subparagraph (C)(i), the 
Chairman of the Joint Chiefs of Staff shall submit to the Secretary of 
Defense the Chairman's evaluation of the performance of each officer 
whose name is submitted under that subparagraph (and of any officer 
whose name the Chairman submits to the Secretary under subparagraph 
(C)(ii) for consideration for the same vacancy).
    ``(E) Subparagraph (B) does not apply in the case of an officer 
serving in a position designated under subparagraph (A) if the Secretary 
of Defense, when considering officers for assignment to

[[Page 113 STAT. 616]]

fill the vacancy in that position which was filled by that officer, did 
not have a recommendation for that assignment from each Secretary of a 
military department who (pursuant to subparagraph (C)) was required to 
make such a recommendation.''.
SEC. 554. GRADE OF CHIEFS OF RESERVE COMPONENTS AND ADDITIONAL 
                        GENERAL OFFICERS AT THE NATIONAL GUARD 
                        BUREAU.

    (a) Procedures for Appointing Reserve Chiefs in Higher Grade.--(1) 
Chapter 1213 of title 10, United States Code, is amended by adding at 
the end the following new section:
``Sec. 12505. Selection of officers for certain senior reserve 
                    component positions

    ``(a) Covered Positions.--(1) This section applies to the positions 
specified in sections 3038, 5143, 5144, and 8038 and the positions of 
Director, Army National Guard, and Director, Air National Guard, 
specified in subparagraphs (A) and (B) of section 10506(a)(1) of this 
title.
    ``(2) An officer may be assigned to one of the positions specified 
in paragraph (1) for service in the grade of lieutenant general or vice 
admiral if appointed to that grade for service in that position by the 
President, by and with the advice and consent of the Senate. An officer 
may be recommended to the President for such an appointment if selected 
for appointment to that position in accordance with this section.
    ``(b) Eligibility for Higher Grade.--An officer shall be considered 
to have been selected for appointment to a position specified in 
subsection (a) in accordance with this section if--
            ``(1) the officer is recommended for that appointment by the 
        Secretary of the military department concerned;
            ``(2) the officer is determined by the Chairman of the Joint 
        Chiefs of Staff, in accordance with criteria and as a result of 
        a process established by the Chairman, to have significant joint 
        duty experience; and
            ``(3) the officer is recommended by the Secretary of Defense 
        to the President for appointment in accordance with this 
        section.

    ``(c) Counting for Purposes of Grade Limitations.--An officer on 
active duty for service in a position specified in subsection (a) who is 
serving in that position (by reason of selection in accordance with this 
section) in the grade of lieutenant general or vice admiral shall be 
counted for purposes of the grade limitations under sections 525 and 526 
of this title. This subsection does not affect the counting for those 
purposes of officers serving in those positions under any other 
provision of law.
    ``(d) Transition <<NOTE: Termination date.>> Waiver Authority.--
Until October 1, 2002, the Secretary of Defense may waive paragraph (2) 
of subsection (b) with respect to the appointment of an officer to a 
position specified in subsection (a) if in the judgment of the 
Secretary--
            ``(1) the officer is qualified for service in the position; 
        and
            ``(2) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:
``12505. Selection of officers for certain senior reserve component 
              positions.''.


[[Page 113 STAT. 617]]



    (b) Chief of Army Reserve.--Section 3038(c) of title 10, United 
States Code, is amended by adding at the end the following new sentence: 
``However, if selected in accordance with section 12505 of this title, 
he may be appointed in the grade of lieutenant general.''.
    (c) Chief of Naval Reserve.--Section 5143(c)(2) of such title is 
amended--
            (1) by striking ``above rear admiral (lower half)'' and 
        inserting ``rear admiral''; and
            (2) by adding at the end the following new sentence: 
        ``However, if selected in accordance with section 12505 of this 
        title, he may be appointed in the grade of vice admiral.''.

    (d) Commander, Marine Forces Reserve.--Section 5144(c)(2) of such 
title is amended--
            (1) by striking ``above brigadier general'' and inserting 
        ``major general''; and
            (2) by adding at the end the following new sentence: 
        ``However, if selected in accordance with section 12505 of this 
        title, he may be appointed in the grade of lieutenant 
        general.''.

    (e) Chief of Air Force Reserve.--Section 8038(c) of such title is 
amended by adding at the end the following new sentence: ``However, if 
selected in accordance with section 12505 of this title, he may be 
appointed in the grade of lieutenant general.''.
    (f) General <<NOTE: 10 USC 12505 note.>> Officers for the National 
Guard Bureau.--Subparagraphs (A) and (B) of section 10506(a)(1) of such 
title are each amended by inserting ``or, if appointed to that position 
in accordance with section 12505(a)(2) of this title, the grade of 
lieutenant general,'' after ``major general''.

    (g) Effective <<NOTE: 10 USC 12505 note.>> Date.--The amendments 
made by this section shall take effect 60 days after the date of the 
enactment of this Act.

    (h) Applicability to Incumbents.--(1) If an officer who is a covered 
position incumbent is appointed under the amendments made by this 
section to the grade of lieutenant general or vice admiral, the term of 
service of that officer in that covered position shall not be extended 
by reason of such appointment.
    (2) For purposes of this subsection:
            (A) The term ``covered position incumbent'' means a reserve 
        component officer who on the effective date specified in 
        subsection (g) is serving in a covered position.
            (B) The term ``covered position'' means a position specified 
        in section 12505 of title 10, United States Code, as added by 
        subsection (a).
SEC. 555. DUTIES OF RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
                        RESERVES.

    (a) Duties.--Section 12310 of title 10, United States Code, is 
amended--
            (1) by redesignating subsection (b) as subsection (d) and 
        transferring that subsection, as so redesignated, to the end of 
        the section; and
            (2) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Duties.--A Reserve on active duty as described in subsection 
(a) may be assigned only duties in connection with the functions 
described in that subsection, which may include the following:

[[Page 113 STAT. 618]]

            ``(1) Supporting operations or missions assigned in whole or 
        in part to reserve components.
            ``(2) Supporting operations or missions performed or to be 
        performed by--
                    ``(A) a unit composed of elements from more than one 
                component of the same armed force; or
                    ``(B) a joint forces unit that includes--
                          ``(i) one or more reserve component units; or
                          ``(ii) a member of a reserve component whose 
                      reserve component assignment is in a position in 
                      an element of the joint forces unit.
            ``(3) Advising the Secretary of Defense, the Secretaries of 
        the military departments, the Joint Chiefs of Staff, and the 
        commanders of the unified combatant command regarding reserve 
        component matters.''.

    (b) Technical and Conforming Amendments.--Such section is further 
amended--
            (1) in subsection (a), by inserting ``Grade When Ordered to 
        Active Duty.--'' after ``(a)'';
            (2) in subsection (c)(1), by striking ``(c)(1) A Reserve'' 
        and inserting ``(c) Duties Relating to Defense Against Weapons 
        of Mass Destruction.--(1) Notwithstanding subsection (b), a 
        Reserve''; and
            (3) in subsection (d), as redesignated and transferred by 
        subsection (a)(1), by inserting ``Training.--'' before ``A 
        Reserve''.

    (c) Report on the Use of Reserves on Active Duty in Support of the 
Reserves.--(1) The Secretary of Defense shall review how the Reserves on 
active duty in support of the reserves are or will be used in relation 
to the duties set forth under subsection (b) of section 12310 of title 
10, United States Code, as added by subsection (a)(2).
    (2) <<NOTE: Deadline.>> Not later than March 1, 2000, the Secretary 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the results of the review under 
paragraph (1). The report shall include the following:
            (A) An itemization and description, shown by operation or 
        mission referred to in subsection (b) of section 12310 of title 
        10, United States Code, as added by subsection (a)(2), of the 
        numbers of Reserves on active duty involved in each of those 
        operations and missions.
            (B) An assessment and recommendation as to whether the 
        Reserves on active duty in support of the reserves should be 
        managed as a separate personnel category in which they compete 
        only among themselves for promotion, retention, school 
        selection, command, and other centrally selected personnel 
        actions.
            (C) An assessment and recommendation as to whether those 
        Reserves should be considered as being part of their respective 
        active component for purposes of management of end strengths and 
        whether funds for those Reserves should be provided from 
        appropriations for active component military personnel (rather 
        than reserve component personnel).
            (D) An assessment and recommendations for changes in the 
        existing officer and enlisted personnel systems required as a 
        result of the amendments to section 12310 of title 10, United 
        States Code, made by subsection (a), with such assessment to 
        take a comprehensive life-cycle approach to the careers

[[Page 113 STAT. 619]]

        of those Reserves and how those careers should be managed, with 
        special attention to issues related to accession, promotion, 
        professional development, retention, separation and retirement.
SEC. 556. REPEAL OF LIMITATION ON NUMBER OF RESERVES ON FULL-TIME 
                        ACTIVE DUTY IN SUPPORT OF PREPAREDNESS FOR 
                        RESPONSES TO EMERGENCIES INVOLVING WEAPONS 
                        OF MASS DESTRUCTION.

    (a) Repeal.--Paragraph (4) of section 12310(c) of title 10, United 
States Code, is amended by striking the first sentence.
    (b) Conforming Amendments.--Paragraph (6) of such section is 
amended--
            (1) by striking ``or to increase the number of personnel 
        authorized by paragraph (4)'' in the matter preceding 
        subparagraph (A); and
            (2) in subparagraph (A), by striking ``or for the requested 
        additional personnel'' and all that follows through ``Federal 
        levels''.
SEC. 557. ESTABLISHMENT OF OFFICE OF THE COAST GUARD RESERVE.

    (a) Establishment.--Chapter 3 of title 14, United States Code, is 
amended by adding at the end the following new section:

``Sec. 53. Office of the Coast Guard Reserve; Director

    ``(a) Establishment of Office; Director.--There is in the executive 
part of the Coast Guard an Office of the Coast Guard Reserve. The head 
of the Office is the Director of the Coast Guard Reserve. The Director 
of the Coast Guard Reserve is the principal adviser to the Commandant on 
Coast Guard Reserve matters and may have such additional functions as 
the Commandant may direct.
    ``(b) Appointment.--The <<NOTE: President. Congress.>> President, by 
and with the advice and consent of the Senate, shall appoint the 
Director of the Coast Guard Reserve, from officers of the Coast Guard 
who--
            ``(1) have had at least 10 years of commissioned service;
            ``(2) are in a grade above captain; and
            ``(3) have been recommended by the Secretary of 
        Transportation.

    ``(c) Term.--(1) The Director of the Coast Guard Reserve holds 
office for a term determined by the President, normally two years, but 
not more than four years. An officer may be removed from the position of 
Director for cause at any time.
    ``(2) The Director of the Coast Guard Reserve, while so serving, 
holds a grade above Captain, without vacating the officer's permanent 
grade.
    ``(d) Budget.--The Director of the Coast Guard Reserve is the 
official within the executive part of the Coast Guard who, subject to 
the authority, direction, and control of the Secretary of Transportation 
and the Commandant, is responsible for preparation, justification, and 
execution of the personnel, operation and maintenance, and construction 
budgets for the Coast Guard Reserve. As such, the Director of the Coast 
Guard Reserve is the director and functional manager of appropriations 
made for the Coast Guard Reserve in those areas.
    ``(e) Annual Report.--The Director of the Coast Guard Reserve shall 
submit to the Secretary of Transportation and the Secretary of Defense 
an annual report on the state of the Coast Guard Reserve and the ability 
of the Coast Guard Reserve to meet its

[[Page 113 STAT. 620]]

missions. The report shall be prepared in conjunction with the 
Commandant and may be submitted in classified and unclassified 
versions.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
52 the following new item:

``53. Office of the Coast Guard Reserve; Director.''.

SEC. 558. REPORT ON USE OF NATIONAL GUARD FACILITIES AND 
                        INFRASTRUCTURE FOR SUPPORT OF PROVISION OF 
                        SERVICES TO VETERANS.

    (a) Report.--The Chief of the National Guard Bureau shall submit to 
the Secretary of Defense a report, to be prepared in consultation with 
the Secretary of Veterans Affairs, assessing the feasibility and 
desirability of using the facilities and electronic infrastructure of 
the National Guard for support of the provision of services to veterans 
by the Secretary of Veterans Affairs. The report shall include an 
assessment of any costs and benefits associated with the use of those 
facilities and that infrastructure for that purpose.
    (b) Transmittal to Congress.--The Secretary of Defense shall, not 
later than April 1, 2000, transmit to Congress the report submitted to 
the Secretary under subsection (a), together with any comments on the 
report consistent with the requirements of section 18235 of title 10, 
United States Code, that the Secretary considers appropriate.

           Subtitle G--Decorations, Awards, and Commendations

SEC. 561. 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 concerned to be warranted in 
accordance with section 1130 of title 10, United States Code.
    (b) Distinguished <<NOTE: Applicability.>> 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.

    (c) Coast <<NOTE: Applicability.>> Guard Commendation Medal.--
Subsection (a) applies to the award of the Coast Guard Commendation 
Medal to Mark H. Freeman, of Seattle, Washington for heroic achievement

[[Page 113 STAT. 621]]

performed in a manner above that normally to be expected during rescue 
operations for the S.S. Seagate, in September 1956, while serving as a 
member of the Coast Guard at Gray Harbor Lifeboat Station, Westport, 
Washington.
SEC. 562. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ALFRED RASCON 
                        FOR VALOR DURING THE VIETNAM CONFLICT.

    (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Army, the President may award the 
Medal of Honor under section 3741 of that title to Alfred Rascon, of 
Laurel, Maryland, for the acts of valor described in subsection (b).
    (b) Action Described.--The acts of valor referred to in subsection 
(a) are the actions of Alfred Rascon on March 16, 1966, as an Army 
medic, serving in the grade of Specialist Four in the Republic of 
Vietnam with the Reconnaissance Platoon, Headquarters Company, 1st 
Battalion, 503rd Infantry, 173rd Airborne Brigade (Separate), during a 
combat operation known as Silver City.
SEC. 563. ELIMINATION OF CURRENT BACKLOG OF REQUESTS FOR 
                        REPLACEMENT OF MILITARY DECORATIONS.

    (a) Elimination of Current Backlog.--The Secretary of Defense shall 
eliminate the backlog (as of the date of the enactment of this Act) of 
requests made to the Department of Defense for the issuance or 
replacement of military decorations for members or former members of the 
Armed Forces.
    (b) Condition.--The Secretary shall allocate funds and other 
resources in order to carry out subsection (a) in a manner that does not 
detract from the performance of other personnel service and personnel 
support activities within the Department of Defense.
    (c) Report.--Not <<NOTE: Deadline.>> later than 45 days after the 
date of the enactment of this Act, the Secretary shall submit to 
Congress a report on the status of the elimination of the backlog 
described in subsection (a). The report shall include a plan for 
preventing accumulation of backlogs in the future.

    (d) Decoration Defined.--For the purposes of this section, the term 
``decoration'' means a medal or other decoration that a member or former 
member of the Armed Forces was awarded by the United States with respect 
to service in the Armed Forces.
SEC. 564. RETROACTIVE AWARD OF NAVY COMBAT ACTION RIBBON.

    The Secretary of the Navy may award the Navy Combat Action Ribbon 
(established by Secretary of the Navy Notice 1650, dated February 17, 
1969) to a member of the Navy or Marine Corps for participation in 
ground or surface combat during any period on or after December 7, 1941, 
and before March 1, 1961 (the date of the otherwise applicable 
limitation on retroactivity for the award of such decoration), if the 
Secretary determines that the member has not been previously recognized 
in an appropriate manner for such participation.
SEC. 565. 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

[[Page 113 STAT. 622]]

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) <<NOTE: Raymond Spruance. William F. Halsey.>> 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.--(1) 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.

                Subtitle H--Matters Related to Recruiting

SEC. 571. 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.''.

[[Page 113 STAT. 623]]

SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED ENTRY PERIOD FOR 
                        ENLISTMENTS OF PERSONS WITH NO PRIOR 
                        MILITARY SERVICE.

    (a) Maximum Period of Extension.--Section 513(b)(1) of title 10, 
United States Code, is amended by striking ``180 days'' in the second 
sentence and inserting ``365 days''.
    (b) Effective <<NOTE: Applicability. 10 USC 513 note.>> Date.--The 
amendment made by subsection (a) shall take effect on October 1, 1999, 
and shall apply with respect to enlistments entered into, on or after 
that date.

SEC. 573. <<NOTE: 10 USC 513 note.>> ARMY COLLEGE FIRST PILOT PROGRAM.

    (a) Program Required.--The Secretary of the Army shall establish a 
pilot program (to be known as the ``Army College First'' program) to 
assess whether the Army could increase the number of, and the level of 
the qualifications of, persons entering the Army as enlisted members by 
encouraging recruits to pursue higher education or vocational or 
technical training before entry into active service in the Army.
    (b) Delayed Entry With Allowance for Higher Education.--Under the 
pilot program, the Secretary may exercise the authority under section 
513 of title 10, United States Code--
            (1) to accept the enlistment of a person as a Reserve for 
        service in the Selected Reserve or Individual Ready Reserve of 
        the Army Reserve or, notwithstanding the scope of the authority 
        under subsection (a) of that section, in the Army National Guard 
        of the United States;
            (2) to authorize, notwithstanding the period limitation in 
        subsection (b) of that section, a delay of the enlistment of any 
        such person in a regular component under that subsection for the 
        period during which the person is enrolled in, and pursuing a 
        program of education at, an institution of higher education, or 
        a program of vocational or technical training, on a full-time 
        basis that is to be completed within two years after the date of 
        such enlistment as a Reserve under paragraph (1); and
            (3) in the case of a person enlisted in a reserve component 
        for service in the Individual Ready Reserve, pay an allowance to 
        the person for each month of that period.

    (c) Maximum Period of Delay.--The period of delay authorized a 
person under paragraph (2) of subsection (b) may not exceed the two-year 
period beginning on the date of the person's enlistment accepted under 
paragraph (1) of such subsection.
    (d) Amount of Allowance.--(1) The monthly allowance paid under 
subsection (b)(3) is $150. The allowance may not be paid for more than 
24 months.
    (2) An allowance under this section is in addition to any other pay 
or allowance to which a member of a reserve component is entitled by 
reason of participation in the Ready Reserve of that component.
    (e) Comparison Group.--To perform the assessment under subsection 
(a), the Secretary may define and study any group not including persons 
receiving a benefit under subsection (b) and compare that group with any 
group or groups of persons who receive such benefits under the pilot 
program.
    (f) Duration of Pilot Program.--The pilot program shall be in effect 
during the period beginning on October 1, 1999, and ending on September 
30, 2004.

[[Page 113 STAT. 624]]

    (g) Report.--Not <<NOTE: Deadline.>> later than February 1, 2004, 
the Secretary shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the pilot program. 
The report shall include the following:
            (1) The assessment of the Secretary regarding the value of 
        the authority under this section for achieving the objectives of 
        increasing the number of, and the level of the qualifications 
        of, persons entering the Army as enlisted members.
            (2) Any recommendation for legislation or other action that 
        the Secretary considers appropriate to achieve those objectives 
        through grants of entry delays and financial benefits for 
        advanced education and training of recruits.
SEC. 574. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS 
                        PURPOSES.

    (a) Authority.--Subchapter II of chapter 134 of title 10, United 
States Code, is amended by adding at the end the following new section:

``Sec. 2257. Use of recruiting materials for public relations

    ``The Secretary of Defense may use for public relations purposes of 
the Department of Defense any advertising materials developed for use 
for recruitment and retention of personnel for the armed forces. Any 
such use shall be under such conditions and subject to such restrictions 
as the Secretary of Defense shall prescribe.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2257. Use of recruiting materials for public relations.''.

             Subtitle I--Matters Relating to Missing Persons

SEC. 575. NONDISCLOSURE OF DEBRIEFING INFORMATION ON CERTAIN 
                        MISSING PERSONS PREVIOUSLY RETURNED TO 
                        UNITED STATES CONTROL.

    Section 1506 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Nondisclosure of Certain Information.--A record of the content 
of a debriefing of a missing person returned to United States control 
during the period beginning on July 8, 1959, and ending on February 10, 
1996, that was conducted by an official of the United States authorized 
to conduct the debriefing is privileged information and, notwithstanding 
sections 552 and 552a of title 5, may not be disclosed, in whole or in 
part, under either such section. However, this subsection does not limit 
the responsibility of the Secretary concerned under paragraphs (2) and 
(3) of subsection (d) to place extracts of non-derogatory information, 
or a notice of the existence of such information, in the personnel file 
of a missing person.''.
SEC. 576. RECOVERY <<NOTE: 10 USC 1501 note.>> AND IDENTIFICATION 
                        OF REMAINS OF CERTAIN WORLD WAR II 
                        SERVICEMEN LOST IN PACIFIC THEATER OF 
                        OPERATIONS.

    (a) Recovery of Remains.--(1) The Secretary of Defense shall make 
every reasonable effort to search for, recover, and identify

[[Page 113 STAT. 625]]

the remains of United States servicemen lost in the Pacific theater of 
operations during World War II (including in New Guinea) while engaged 
in flight operations.
    (2) In order to provide high priority to carrying out paragraph (1), 
the Secretary of Defense shall consider increasing the number of 
personnel assigned to the Central Identification Laboratory, Hawaii.
    (3) <<NOTE: Deadline. Reports.>> Not later than September 30, 2000, 
the Secretary shall submit to Congress a report setting forth the 
efforts made to accomplish the objectives specified in paragraph (1). 
The Secretary shall include in the report a statement of the backlog of 
cases at the Central Identification Laboratory, Hawaii, shown by 
conflict, and the status of the joint manning plan required by section 
566(c) of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2029)

    (b) Diplomatic Intervention if Required.--The Secretary of State, 
upon request by the Secretary of Defense, shall work with officials of 
governments of nations in the area that was covered by the Pacific 
theater of operations of World War II to seek to overcome any diplomatic 
obstacles that may impede the Secretary of Defense from carrying out the 
objectives specified in subsection (a)(1).

                        Subtitle J--Other Matters

SEC. 577. AUTHORITY FOR SPECIAL COURTS-MARTIAL TO IMPOSE SENTENCES 
                        TO CONFINEMENT AND FORFEITURES OF PAY OF 
                        UP TO ONE YEAR.

    (a) Maximum Punishments That May Be Adjudged by a Special Court-
Martial.--Section 819 of title 10, United States Code (article 19 of the 
Uniform Code of Military Justice), is amended--
            (1) in the second sentence, by striking ``six months'' both 
        places it appears and inserting ``one year''; and
            (2) in the third sentence, by inserting after ``A bad 
        conduct discharge'' the following: ``, confinement for more than 
        six months, or forfeiture of pay for more than six months''.

    (b) Effective <<NOTE: Applicability. 10 USC 819 note.>> Date.--The 
amendments made by subsection (a) shall take effect on the first day of 
the sixth month beginning after the date of the enactment of this Act 
and shall apply with respect to charges referred on or after that 
effective date to trial by special courts-martial.
SEC. 578. FUNERAL HONORS DETAILS FOR FUNERALS OF VETERANS.

    (a) Responsibility of Secretary of Defense.--(1) Subsection (a) of 
section 1491 of title 10, United States Code, is amended to read as 
follows:
    ``(a) Availability of Funeral Honors Detail Ensured.--The Secretary 
of Defense shall ensure that, upon request, a funeral honors detail is 
provided for the funeral of any veteran.''.
    (2) <<NOTE: Applicability. Effective date. 10 USC 1491 
note.>> Section 1491(a) of title 10, United States Code, as amended by 
paragraph (1), shall apply with respect to funerals that occur after 
December 31, 1999.

    (b) Composition of Funeral Honors Details.--(1) Subsection (b) of 
such section is amended--

[[Page 113 STAT. 626]]

            (A) by striking ``Honor Guard Details.--'' and inserting 
        ``Funeral Honors Details.--(1)'';
            (B) by striking ``an honor guard detail'' and inserting ``a 
        funeral honors detail''; and
            (C) by striking ``not less than three persons'' and all that 
        follows and inserting ``two or more persons.''.

    (2) Subsection (c) of such section is amended--
            (A) by striking ``(c) Persons Forming Honor Guards.--An 
        honor guard detail'' and inserting ``(2) At least two members of 
        the funeral honors detail for a veteran's funeral shall be 
        members of the armed forces, at least one of whom shall be a 
        member of the armed force of which the veteran was a member. The 
        remainder of the detail''; and
            (B) by striking the second sentence and inserting the 
        following: ``Each member of the armed forces in the detail shall 
        wear the uniform of the member's armed force while serving in 
        the detail.''.

    (c) Ceremony, Support, and Waiver.--Such section is further 
amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsections:

    ``(c) Ceremony.--A funeral honors detail shall, at a minimum, 
perform at the funeral a ceremony that includes the folding of a United 
States flag and presentation of the flag to the veteran's family and the 
playing of Taps. Unless a bugler is a member of the detail, the funeral 
honors detail shall play a recorded version of Taps using audio 
equipment which the detail shall provide if adequate audio equipment is 
not otherwise available for use at the funeral.
    ``(d) Support.--To provide a funeral honors detail under this 
section, the Secretary of a military department may provide the 
following:
            ``(1) Transportation, or reimbursement for transportation, 
        and expenses for a person who participates in the funeral honors 
        detail and is not a member of the armed forces or an employee of 
        the United States.
            ``(2) Materiel, equipment, and training for members of a 
        veterans organization or other organization referred to in 
        subsection (b)(2).

    ``(e) Waiver Authority.--(1) The Secretary of Defense may waive any 
requirement provided in or pursuant to this section when the Secretary 
considers it necessary to do so to meet the requirements of war, 
national emergency, or a contingency operation or other military 
requirements. The authority to make such a waiver may not be delegated 
to an 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) <<NOTE: Notification.>> Before or promptly after granting a 
waiver under paragraph (1), the Secretary shall transmit a notification 
of the waiver to the Committees on Armed Services of the Senate and 
House of Representatives.''.

    (d) Regulations.--Subsection (f) of such section, as redesignated by 
subsection (d)(1), is amended to read as follows:

[[Page 113 STAT. 627]]

    ``(f) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section. Those regulations shall include 
the following:
            ``(1) A system for selection of units of the armed forces 
        and other organizations to provide funeral honors details.
            ``(2) Procedures for responding and coordinating responses 
        to requests for funeral honors details.
            ``(3) Procedures for establishing standards and protocol.
            ``(4) Procedures for providing training and ensuring quality 
        of performance.''.

    (e) Inclusion of Certain Members of the Selected Reserve in Persons 
Eligible for Funeral Honors.--Subsection (h) of such section, as 
redesignated by subsection (d)(1), is amended to read as follows:
    ``(h) Veteran Defined.--In this section, the term `veteran' means a 
decedent who--
            ``(1) served in the active military, naval, or air service 
        (as defined in section 101(24) of title 38) and who was 
        discharged or released therefrom under conditions other than 
        dishonorable; or
            ``(2) was a 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 a funeral honors 
        detail under section 1491 of this title.''.

    (g) Duty Status of Reserves in Funeral Honors Details.--(1) Section 
114 of title 32, United States Code, is amended--
            (A) by striking ``honor guard functions'' both places it 
        appears and inserting ``funeral honors functions''; and
            (B) by striking ``drill or training otherwise required'' and 
        inserting ``drill or training, but may be performed as funeral 
        honors duty under section 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) Order to Duty.--A member of the Army National Guard of the 
United States or the Air National Guard of the United States may be 
ordered to funeral honors duty, with the consent of the member, to 
prepare for or perform funeral honors functions at the funeral of a 
veteran under section 1491 of title 10. However, a member of the Army 
National Guard of the United States or the Air National Guard of the 
United States may not be ordered to perform funeral honors functions 
under this section without the consent of the Governor or other 
appropriate authority of the State concerned.
    ``(b) Service Credit.--A member ordered to funeral honors duty under 
this section shall be required to perform a minimum of two hours of such 
duty in order to receive--
            ``(1) service credit under section 12732(a)(2)(E) of title 
        10; and
            ``(2) if authorized by the Secretary concerned, the 
        allowance under section 435 of title 37.

    ``(c) Reimbursable Expenses.--A member who performs funeral honors 
duty under this section may be reimbursed for

[[Page 113 STAT. 628]]

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.
    ``(d) Regulations.--The exercise of authority under subsection (a) 
is subject to regulations prescribed by the Secretary of Defense.''.
    (3) 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) Order to Duty.--A member of the Ready Reserve may be ordered 
to funeral honors duty, with the consent of the member, in preparation 
for or to perform funeral honors functions at the funeral of a veteran 
as defined in section 1491 of this title.
    ``(b) Service Credit.--A member ordered to funeral honors duty under 
this section shall be required to perform a minimum of two hours of such 
duty in order to receive--
            ``(1) service credit under section 12732(a)(2)(E) of this 
        title; and
            ``(2) if authorized by the Secretary concerned, the 
        allowance under section 435 of title 37.

    ``(c) Reimbursable Expenses.--A member who performs funeral honors 
duty under this section may be reimbursed 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.
    ``(d) Regulations.--The exercise of authority under subsection (a) 
is subject to regulations prescribed by the Secretary of Defense.
    ``(e) Members of the National Guard.--This section does not apply to 
members of the Army National Guard of the United States or the Air 
National Guard of the United States. The performance of funeral honors 
duty by those members is provided for in section 115 of title 32.''.
    (4) Section 12552 of title 10, United States Code, 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(h) 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''.
    (h) Crediting for Reserve Retirement Purposes.--(1) Section 
12732(a)(2) of such title is amended--
            (A) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) One point for each day on which funeral honors 
                duty is performed for at least two hours under section 
                12503 of this title or section 115 of title 32, unless 
                the duty is performed while in a status for which credit 
                is provided under another subparagraph of this 
                paragraph.''; and
            (B) by striking ``, and (D)'' in the last sentence and 
        inserting ``, (D), and (E)''.

    (2) Section 12733 of such title is amended--
            (A) by redesignating paragraph (4) as paragraph (5); and

[[Page 113 STAT. 629]]

            (B) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) One day for each point credited to the person under 
        subparagraph (E) of section 12732(a)(2) of this title.''.

    (i) Benefits for Members in Funeral Honors Duty Status.--(1) Section 
1074a(a) of such title is amended--
            (A) in each of paragraphs (1) and (2)--
                    (i) by striking ``or'' at the end of subparagraph 
                (A);
                    (ii) by striking the period at the end of 
                subparagraph (B) and inserting ``; or''; and
                    (iii) by adding at the end the following:
                    ``(C) service on funeral honors duty under section 
                12503 of this title or section 115 of title 32.''; and
            (B) by adding at the end the following new paragraph:
            ``(4) Each member of the armed forces who incurs or 
        aggravates an injury, illness, or disease in the line of duty 
        while remaining overnight immediately before serving on funeral 
        honors duty under section 12503 of this title or section 115 of 
        title 32 at or in the vicinity of the place at which the member 
        was to so serve, if the place is outside reasonable commuting 
        distance from the member's residence.''.

    (2) Section 1076(a)(2) of such title is amended by adding at the end 
the following new subparagraph:
            ``(E) A member who died from an injury, illness, or disease 
        incurred or aggravated while the member--
                    ``(i) was serving on funeral honors duty under 
                section 12503 of this title or section 115 of title 32;
                    ``(ii) was traveling to or from the place at which 
                the member was to so serve; or
                    ``(iii) remained overnight at or in the vicinity of 
                that place immediately before so serving, if the place 
                is outside reasonable commuting distance from the 
                member's residence.''.

    (3) Section 1204(2) of such title is amended--
            (A) by striking ``or'' at the end of subparagraph (A);
            (B) by inserting ``or'' after the semicolon at the end of 
        subparagraph (B); and
            (C) by adding at the end the following new subparagraph:
                    ``(C) is a result of an injury, illness, or disease 
                incurred or aggravated in line of duty--
                          ``(i) while the member was serving on funeral 
                      honors duty under section 12503 of this title or 
                      section 115 of title 32;
                          ``(ii) while the member was traveling to or 
                      from the place at which the member was to so 
                      serve; or
                          ``(iii) while the member remained overnight at 
                      or in the vicinity of that place immediately 
                      before so serving, if the place is outside 
                      reasonable commuting distance from the member's 
                      residence;''.

    (4) Paragraph (2) of section 1206 of such title is amended to read 
as follows:
            ``(2) the disability is a result of an injury, illness, or 
        disease incurred or aggravated in line of duty--
                    ``(A) while--
                          ``(i) performing active duty or inactive-duty 
                      training;

[[Page 113 STAT. 630]]

                          ``(ii) traveling directly to or from the place 
                      at which such duty is performed; or
                          ``(iii) remaining overnight immediately before 
                      the commencement of inactive-duty training, or 
                      while remaining overnight between successive 
                      periods of inactive-duty training, at or in the 
                      vicinity of the site of the inactive-duty 
                      training, if the site is outside reasonable 
                      commuting distance of the member's residence; or
                    ``(B) while the member--
                          ``(i) was serving on funeral honors duty under 
                      section 12503 of this title or section 115 of 
                      title 32;
                          ``(ii) was traveling to or from the place at 
                      which the member was to so serve; or
                          ``(iii) remained overnight at or in the 
                      vicinity of that place immediately before so 
                      serving, if the place is outside reasonable 
                      commuting distance from the member's residence;''.

    (5) Section 1481(a)(2) of such title is amended--
            (A) by striking ``or'' at the end of subparagraph (D);
            (B) by striking the period at the end of subparagraph (E) 
        and inserting ``; or''; and
            (C) by adding at the end the following new subparagraph:
                    ``(F) either--
                          ``(i) serving on funeral honors duty under 
                      section 12503 of this title or section 115 of 
                      title 32;
                          ``(ii) traveling directly to or from the place 
                      at which the member is to so serve; or
                          ``(iii) remaining overnight at or in the 
                      vicinity of that place before so serving, if the 
                      place is outside reasonable commuting distance 
                      from the member's residence.''.

    (j) Funeral Honors Duty Allowance.--Chapter 4 of title 37, United 
States Code, is amended by adding at the end the following new section:

``Sec. 435. Funeral honors duty: allowance

    ``(a) Allowance Authorized.--The Secretary concerned may authorize 
payment of an allowance to a member of the Ready Reserve for any day on 
which the member performs at least two hours of funeral honors duty 
pursuant to section 12503 of title 10 or section 115 of title 32.
    ``(b) Amount.--The daily rate of an allowance under this section is 
$50.
    ``(c) Full Compensation.--Except for expenses reimbursed under 
subsection (c) of section 12503 of title 10 or subsection (c) of section 
115 of title 32, the allowance paid under this section is the only 
monetary compensation authorized to be paid a member for the performance 
of funeral honors duty pursuant to such section, regardless of the grade 
in which the member is serving, and shall constitute payment in full to 
the member.''.
    (k) Clerical Amendments.--(1) The heading for section 1491 of title 
10, United States Code, is amended to read as follows:

[[Page 113 STAT. 631]]

``Sec. 1491. Funeral honors functions at funerals for veterans''.

    (2)(A) The item relating to section 1491 in the table of sections at 
the beginning of chapter 75 of title 10, United States Code, is amended 
to read as follows:

``1491. Funeral honors functions at funerals for veterans.''.

    (B) The table of sections at the beginning of chapter 1213 of such 
title is amended by adding at the end the following new item:

``12503. Ready Reserve: funeral honors duty.''.

    (C) The item relating to section 12552 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.''.

    (3)(A) The heading for section 114 of title 32, United States Code, 
is amended to read as follows:

``Sec. 114. Funeral honors functions at funerals for veterans''.

    (B) The table of sections at the beginning of chapter 1 of such 
title is amended by striking the item relating to section 114 and 
inserting the following new items:

``114. Funeral honors functions at funerals for veterans.
``115. Funeral honors duty performed as a Federal function.''.

    (4) The table of sections at the beginning of chapter 4 of title 37, 
United States Code, is amended by adding at the end the following new 
item:

``435. Funeral honors duty: allowance.''.

SEC. 579. 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. 580. DEPARTMENT OF DEFENSE STARBASE PROGRAM.

    (a) Program Authority.--Chapter 111 of title 10, United States Code, 
is amended by inserting after section 2193 the following new section:

[[Page 113 STAT. 632]]

``Sec. 2193b. Improvement of education in technical fields: 
                    program for support of elementary and 
                    secondary education in science, mathematics, 
                    and technology

    ``(a) Authority for Program.--The Secretary of Defense may conduct a 
science, mathematics, and technology education improvement program known 
as the `Department of Defense STARBASE Program'. The Secretary shall 
carry out the program in coordination with the Secretaries of the 
military departments.
    ``(b) Purpose.--The purpose of the program is to improve knowledge 
and skills of students in kindergarten through twelfth grade in 
mathematics, science, and technology.
    ``(c) STARBASE Academies.--(1) The Secretary shall provide for the 
establishment of at least 25 academies under the program.
    ``(2) The Secretary of Defense shall establish guidelines, criteria, 
and a process for the establishment of STARBASE programs in addition to 
those in operation on the date of the enactment of this section.
    ``(3) The Secretary may support the establishment and operation of 
any academy in excess of two academies in a State only if the Secretary 
has first authorized in writing the establishment of the academy and the 
costs of the establishment and operation of the academy are paid out of 
funds provided by sources other than the Department of Defense. Any such 
costs that are paid out of appropriated funds shall be considered as 
paid out of funds provided by such other sources if such sources fully 
reimburse the United States for the costs.
    ``(d) Persons <<NOTE: Standards.>> Eligible To Participate in 
Program.--The Secretary shall prescribe standards and procedures for 
selection of persons for participation in the program.

    ``(e) Regulations.--The Secretary of Defense shall prescribe 
regulations governing the conduct of the program.
    ``(f) Authority to Accept Financial and Other Support.--The 
Secretary of Defense and the Secretaries of the military departments may 
accept financial and other support for the program from other 
departments and agencies of the Federal Government, State governments, 
local governments, and not-for-profit and other organizations in the 
private sector.
    ``(g) Annual <<NOTE: Deadline.>> Report.--Not later than 90 days 
after the end of each fiscal year, the Secretary of Defense shall submit 
to Congress a report on the program under this section. The report shall 
contain a discussion of the design and conduct of the program and an 
evaluation of the effectiveness of the program.

    ``(h) State Defined.--In this section, the term `State' includes the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, and Guam.''.
    (b) Existing <<NOTE: 10 USC 2193b note.>> STARBASE Academies.--While 
continuing in operation, the academies existing on the date of the 
enactment of this Act under the Department of Defense STARBASE Program, 
as such program is in effect on such date, shall be counted for the 
purpose of meeting the requirement under section 2193b(c)(1) of title 
10, United States Code (as added by subsection (a)), relating to the 
minimum number of STARBASE academies.

    (c) Reorganization of Chapter.--Chapter 111 of title 10, United 
States Code, as amended by subsection (a), is further amended--

[[Page 113 STAT. 633]]

            (1) by inserting after section 2193 and before the section 
        2193b added by subsection (a) the following:
``Sec. 2193a. Improvement of education in technical fields: 
                    general authority for support of elementary 
                    and secondary education in science and 
                    mathematics'';
            (2) by transferring subsection (b) of section 2193 to 
        section 2193a (as added by paragraph (1)), inserting such 
        subsection after the heading for section 2193a, and striking out 
        ``(b)''; and
            (3) by redesignating subsection (c) of section 2193 as 
        subsection (b).

    (d) Clerical Amendments.--(1) The heading for section 2192 of such 
title is amended to read as follows:
``Sec. 2192. Improvement of education in technical fields: general 
                  authority regarding education in science, 
                  mathematics, and engineering''.

    (2) The heading for section 2193 is amended to read as follows:
``Sec. 2193. Improvement of education in technical fields: grants 
                  for higher education in science and 
                  mathematics''.

    (3) The table of sections at the beginning of such chapter is 
amended by striking the items relating to sections 2192 and 2193 and 
inserting the following:
``2192. Improvement of education in technical fields: general authority 
              regarding education in science, mathematics, and 
              engineering.
``2193. Improvement of education in technical fields: grants for higher 
              education in science and mathematics.
``2193a. Improvement of education in technical fields: general authority 
              for support of elementary and secondary education in 
              science and mathematics.
``2193b. Improvement of education in technical fields: program for 
              support of elementary and secondary education in science, 
              mathematics, and technology.''.
SEC. 581. SURVEY <<NOTE: 10 USC 113 note.>> OF MEMBERS LEAVING 
                        MILITARY SERVICE ON ATTITUDES TOWARD 
                        MILITARY SERVICE.

    (a) Exit Survey.--The Secretary of Defense shall develop and 
implement, as part of outprocessing activities, 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 voluntarily 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 leadership.
            (4) Attitude toward pay and benefits.
            (5) Job satisfaction during service as a member of the Armed 
        Forces.
            (6) Plans for activities after separation (such as 
        enrollment in school, use of Montgomery GI Bill benefits, and 
        work).
            (7) Affiliation with a reserve component, together with the 
        reasons for affiliating or not affiliating, as the case may be.

[[Page 113 STAT. 634]]

            (8) Such other matters as the Secretary determines 
        appropriate to the survey concerning reasons why military 
        personnel are leaving military service.

    (c) Report <<NOTE: Deadline.>> 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. 582. 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. 583. PARTICIPATION OF MEMBERS IN MANAGEMENT OF ORGANIZATIONS 
                        ABROAD THAT PROMOTE INTERNATIONAL 
                        UNDERSTANDING.

    Section 1033(b)(3) of title 10, United States Code, is amended by 
inserting after subparagraph (D) the following new subparagraph:
            ``(E) An entity that, operating in a foreign nation where 
        United States military personnel are serving at United States 
        military activities, promotes understanding and tolerance 
        between such personnel (and their families) and the citizens of 
        that host foreign nation through programs that foster social 
        relations between those persons.''.
SEC. 584. SUPPORT FOR EXPANDED CHILD CARE SERVICES AND YOUTH 
                        PROGRAM SERVICES FOR DEPENDENTS.

    (a) Authority.--(1) Subchapter II of chapter 88 of title 10, United 
States Code, is amended--
            (A) by redesignating section 1798 as section 1800; and
            (B) by inserting after section 1797 the following new 
        sections:
``Sec. 1798. Child care services and youth program services for 
                  dependents: financial assistance for providers

    ``(a) Authority.--The Secretary of Defense may provide financial 
assistance to an eligible civilian provider of child care services or 
youth program services that furnishes such services for members of the 
armed forces and employees of the United States if the Secretary 
determines that providing such financial assistance--
            ``(1) is in the best interest of the Department of Defense;
            ``(2) enables supplementation or expansion of furnishing of 
        child care services or youth program services for military 
        installations, while not supplanting or replacing such services; 
        and
            ``(3) ensures that the eligible provider is able to comply, 
        and does comply, with the regulations, policies, and standards 
        of the Department of Defense that are applicable to the 
        furnishing of such services.

    ``(b) Eligible Providers.--A provider of child care services or 
youth program services is eligible for financial assistance under this 
section if the provider--
            ``(1) is licensed to provide those services under applicable 
        State and local law;

[[Page 113 STAT. 635]]

            ``(2) has previously provided such services for members of 
        the armed forces or employees of the United States; and
            ``(3) either--
                    ``(A) is a family home day care provider; or
                    ``(B) is a provider of family child care services 
                that--
                          ``(i) otherwise provides federally funded or 
                      sponsored child development services;
                          ``(ii) provides the services in a child 
                      development center owned and operated by a 
                      private, not-for-profit organization;
                          ``(iii) provides before-school or after-school 
                      child care program in a public school facility;
                          ``(iv) conducts an otherwise federally funded 
                      or federally sponsored school age child care or 
                      youth services program;
                          ``(v) conducts a school age child care or 
                      youth services program that is owned and operated 
                      by a not-for-profit organization; or
                          ``(vi) is a provider of another category of 
                      child care services or youth services determined 
                      by the Secretary of Defense as appropriate for 
                      meeting the needs of members of the armed forces 
                      or employees of the Department of Defense.

    ``(c) Funding.--To provide financial assistance under this 
subsection, the Secretary of Defense may use any funds appropriated to 
the Department of Defense for operation and maintenance.
    ``(d) Biennial Report.--(1) Every two years the Secretary of Defense 
shall submit to Congress a report on the exercise of authority under 
this section. The report shall include an evaluation of the 
effectiveness of that authority for meeting the needs of members of the 
armed forces or employees of the Department of Defense for child care 
services and youth program services. The report may include any 
recommendations for legislation that the Secretary considers appropriate 
to enhance the capability of the Department of Defense to meet those 
needs.
    ``(2) A biennial report under this subsection may be combined with 
the biennial report under section 1799(d) of this title into a single 
report for submission to Congress.
``Sec. 1799. Child care services and youth program services for 
                  dependents: participation by children and youth 
                  otherwise ineligible

    ``(a) Authority.--The Secretary of Defense may authorize 
participation in child care or youth programs of the Department of 
Defense, to the extent of the availability of space and services, by 
children and youth under the age of 19 who are not dependents of members 
of the armed forces or of employees of the Department of Defense and are 
not otherwise eligible for participation in those programs.
    ``(b) Limitation.--Authorization of participation in a program under 
subsection (a) shall be limited to situations in which that 
participation promotes the attainment of the objectives set forth in 
subsection (c), as determined by the Secretary.
    ``(c) Objectives.--The objectives for authorizing participation in a 
program under subsection (a) are as follows:
            ``(1) To support the integration of children and youth of 
        military families into civilian communities.

[[Page 113 STAT. 636]]

            ``(2) To make more efficient use of Department of Defense 
        facilities and resources.
            ``(3) To establish or support a partnership or consortium 
        arrangement with schools and other youth services organizations 
        serving children of members of the armed forces.

    ``(d) Biennial Report.--(1) Every two years the Secretary of Defense 
shall submit to Congress a report on the exercise of authority under 
this section. The report shall include an evaluation of the 
effectiveness of that authority for achieving the objectives set out 
under subsection (c). The report may include any recommendations for 
legislation that the Secretary considers appropriate to enhance the 
capability of the Department of Defense to attain those objectives.
    ``(2) A biennial report under this subsection may be combined with 
the biennial report under section 1798(d) of this title into a single 
report for submission to Congress.''.
    (2) The table of sections at the beginning of such subchapter is 
amended by striking the item relating to section 1798 and inserting the 
following new items:

``1798. Child care services and youth program services for dependents: 
            financial assistance for providers.
``1799. Child care services and youth program services for dependents: 
            participation by children and youth otherwise ineligible.
``1800. Definitions.''.

    (b) First <<NOTE: Deadline. 10 USC 1798 note.>> Biennial Reports.--
The first biennial reports under sections 1798(d) and 1799(d) of title 
10, United States Code (as added by subsection (a)), shall be submitted 
not later than March 31, 2002, and shall cover fiscal years 2000 and 
2001.
SEC. 585. REPORT <<NOTE: 10 USC 1071 note.>> AND REGULATIONS ON 
                        DEPARTMENT OF DEFENSE POLICIES ON 
                        PROTECTING THE CONFIDENTIALITY OF 
                        COMMUNICATIONS WITH PROFESSIONALS 
                        PROVIDING THERAPEUTIC OR RELATED SERVICES 
                        REGARDING SEXUAL OR DOMESTIC ABUSE.

    (a) Study and Report.--(1) The Comptroller General of the United 
States shall study the policies, procedures, and practices of the 
military departments for protecting the confidentiality of 
communications between--
            (A) a dependent (as defined in section 1072(2) of title 10, 
        United States Code, with respect to a member of the Armed 
        Forces) 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) <<NOTE: Deadline.>> Not later than 180 days after the date of 
the enactment of this Act, the Comptroller General shall conclude the 
study and submit a report on the results of the study to Congress and 
the Secretary of Defense.

    (b) Regulations.--The Secretary of Defense shall prescribe in 
regulations the policies and procedures that the Secretary considers 
appropriate to provide the maximum protections for the confidentiality 
of communications described in subsection (a) relating to misconduct 
described in that subsection, taking into consideration--

[[Page 113 STAT. 637]]

            (1) the findings of the Comptroller General;
            (2) the standards of confidentiality and ethical standards 
        issued by relevant professional organizations;
            (3) applicable requirements of Federal and State law;
            (4) the best interest of victims of sexual harassment, 
        sexual assault, or intrafamily abuse;
            (5) military necessity; and
            (6) such other factors as the Secretary, in consultation 
        with the Attorney General, may consider appropriate.

    (c) Report <<NOTE: Deadline.>> by Secretary of Defense.--Not later 
than January 21, 2000, the Secretary of Defense shall submit to Congress 
a report on the actions taken under subsection (b) and any other actions 
taken by the Secretary to provide the maximum possible protections for 
confidentiality described in that subsection.
SEC. 586. MEMBERS UNDER BURDENSOME PERSONNEL TEMPO.

    (a) Management of Deployments of Individual Members.--Part II of 
subtitle A of title 10, United States Code, is amended by inserting 
after chapter 49 the following new chapter:

          ``CHAPTER 50--MISCELLANEOUS COMMAND RESPONSIBILITIES

``Sec.
``991. Management of deployments of members.

``Sec. 991. Management of deployments of members

    ``(a) General or Flag Officer Responsibilities.--(1) The deployment 
(or potential deployment) of a member of the armed forces shall be 
managed, during any period when the member is a high-deployment days 
member, by the officer in the chain of command of that member who is the 
lowest-ranking general or flag officer in that chain of command. That 
officer shall ensure that the member is not deployed, or continued in a 
deployment, on any day on which the total number of days on which the 
member has been deployed out of the preceding 365 days would exceed 220 
unless an officer in the grade of general or admiral in the member's 
chain of command approves the deployment, or continued deployment, of 
the member.
    ``(2) In this section, the term `high-deployment days member' means 
a member who has been deployed 182 days or more out of the preceding 365 
days.
    ``(b) Deployment Defined.--(1) For the purposes of this section, a 
member of the armed forces shall be considered to be deployed or in a 
deployment on any day on which, pursuant to orders, the member is 
performing service in a training exercise or operation at a location or 
under circumstances that make it impossible or infeasible for the member 
to spend off-duty time in the housing in which the member resides when 
on garrison duty at the member's permanent duty station.
    ``(2) For the purposes of this section, a member is not deployed or 
in a deployment when the member is--
            ``(A) performing service as a student or trainee at a school 
        (including any Government school); or
            ``(B) performing administrative, guard, or detail duties in 
        garrison at the member's permanent duty station.

    ``(3) The Secretary of Defense may prescribe a definition of 
deployment for the purposes of this section other than the definition

[[Page 113 STAT. 638]]

specified in paragraphs (1) and (2). Any such definition may not take 
effect until 90 days after the date on which the Secretary notifies the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives of the revised standard 
definition of deployment.
    ``(c) Recordkeeping.--The Secretary of each military department 
shall establish a system for tracking and recording the number of days 
that each member of the armed forces under the jurisdiction of the 
Secretary is deployed.
    ``(d) National Security Waiver Authority.--The Secretary of the 
military department concerned may suspend the applicability of this 
section to a member or any group of members under the Secretary's 
jurisdiction when the Secretary determines that such a waiver is 
necessary in the national security interests of the United States.
    ``(e) Inapplicability to Coast Guard.--This section does not apply 
to a member of the Coast Guard when the Coast Guard is not operating as 
a service in the Navy.''.
    (b) Per Diem Allowance for Lengthy or Numerous Deployments.--Chapter 
7 of title 37, United States Code, is amended by adding at the end the 
following new section:
``Sec. 435. Per diem allowance for lengthy or numerous deployments

    ``(a) Per Diem Required.--The Secretary of the military department 
concerned shall pay a high-deployment per diem allowance to a member of 
the armed forces under the Secretary's jurisdiction for each day on 
which the member (1) is deployed, and (2) has, as of that day, been 
deployed 251 days or more out of the preceding 365 days.
    ``(b) Definition of Deployed.--In this section, the term `deployed', 
with respect to a member, means that the member is deployed or in a 
deployment within the meaning of section 991(b) of title 10 (including 
any definition of `deployment' prescribed under paragraph (3) of that 
section).
    ``(c) Amount of Per Diem.--The amount of the high-deployment per 
diem payable to a member under this section is $100.
    ``(d) Payment of Claims.--A claim of a member for payment of the 
high-deployment per diem allowance that is not fully substantiated by 
the recordkeeping system applicable to the member under section 991(c) 
of title 10 shall be paid if the member furnishes the Secretary 
concerned with other evidence determined by the Secretary as being 
sufficient to substantiate the claim.
    ``(e) Relationship to Other Allowances.--A high-deployment per diem 
payable to a member under this section is in addition to any other pay 
or allowance payable to the member under any other provision of law.
    ``(f) National Security Waiver.--No per diem may be paid under this 
section to a member for any day on which the applicability of section 
991 of title 10 to the member is suspended under subsection (d) of that 
section.''.
    (c) Clerical Amendments.--(1) The tables of chapters at the 
beginning of subtitle A of title 10, United States Code, and the 
beginning of part II of such subtitle are amended by inserting after the 
item relating to chapter 49 the following new item:

``50. Miscellaneous Command Responsibilities......................991''.


[[Page 113 STAT. 639]]



    (2) The table of sections at the beginning of chapter 7 of title 37, 
United States Code, is amended by inserting after the item relating to 
section 434 the following new item:

``435. Per diem allowance for lengthy or numerous deployments.''.

    (d) Effective <<NOTE: 10 USC 991 note.>> Date.--(1) Section 991 of 
title 10, United States Code (as added by subsection (a)), shall take 
effect on October 1, 2000. No day on which a member of the Armed Forces 
is deployed (as defined in subsection (b) of that section) before that 
date may be counted in determining the number of days on which a member 
has been deployed for purposes of that section.

    (2) <<NOTE: 37 USC 435 note.>> Section 435 of title 37, United 
States Code (as added by subsection (b)), shall take effect on October 
1, 2001.

    (e) Implementing <<NOTE: Deadline. 10 USC 991 note.>> Regulations.--
Not later than June 1, 2000, the Secretary of each military department 
shall prescribe in regulations the policies and procedures for 
implementing such provisions of law for that military department.

                      Subtitle K--Domestic Violence

SEC. 591. DEFENSE <<NOTE: 10 USC 1562 note.>> TASK FORCE ON 
                        DOMESTIC VIOLENCE.

    (a) Establishment.--The Secretary of Defense shall establish a 
Department of Defense task force to be known as the Defense Task Force 
on Domestic Violence.
    (b) Strategic <<NOTE: Deadline.>> Plan.--Not later than 12 months 
after the date on which all members of the task force have been 
appointed, the task force shall submit to the Secretary of Defense a 
long-term plan (referred to as a ``strategic plan'') for means by which 
the Department of Defense may address matters relating to domestic 
violence within the military more effectively. The plan shall include an 
assessment of, and recommendations for measures to improve, the 
following:
            (1) Ongoing victims' safety programs.
            (2) Offender accountability.
            (3) The climate for effective prevention of domestic 
        violence.
            (4) Coordination and collaboration among all military 
        organizations with responsibility or jurisdiction with respect 
        to domestic violence.
            (5) Coordination between military and civilian communities 
        with respect to domestic violence.
            (6) Research priorities.
            (7) Data collection and case management and tracking.
            (8) Curricula and training for military commanders.
            (9) Prevention and responses to domestic violence at 
        overseas military installations.
            (10) Other issues identified by the task force relating to 
        domestic violence within the military.

    (c) Review of Victims' Safety Program.--The task force shall review 
the efforts of the Secretary of Defense to establish a program for 
improving responses to domestic violence under section 592 and shall 
include in its report under subsection (e) a description of that 
program, including best practices identified on installations, lessons 
learned, and resulting policy recommendations.
    (d) Other Task Force Reviews.--The task force shall review and make 
recommendations regarding the following:
            (1) Standard guidelines to be used by the Secretaries of the 
        military departments in negotiating agreements with

[[Page 113 STAT. 640]]

        civilian law enforcement authorities relating to acts of 
        domestic violence involving members of the Armed Forces.
            (2) A requirement (A) that when a commanding officer issues 
        to a member of the Armed Forces under that officer's command an 
        order that the member not have contact with a specified person 
        that a written copy of that order be provided within 24 hours 
        after the issuance of the order to the person with whom the 
        member is ordered not to have contact, and (B) that there be a 
        system of recording and tracking such orders.
            (3) Standard guidelines on the factors for commanders to 
        consider when seeking to substantiate allegations of domestic 
        violence by a person subject to the Uniform Code of Military 
        Justice and when determining appropriate action for such 
        allegations that are so substantiated.
            (4) A standard training program for all commanding officers 
        in the Armed Forces, including a standard curriculum, on the 
        handling of domestic violence cases.

    (e) Annual Report.--(1) The task force shall submit to the Secretary 
an annual report on its activities and on the activities of the military 
departments to respond to domestic violence in the military.
    (2) The first such report shall be submitted not later than the date 
specified in subsection (b) and shall be submitted with the strategic 
plan submitted under that subsection. The task force shall include in 
that report the following:
            (A) Analysis and oversight of the efforts of the military 
        departments to respond to domestic violence in the military and 
        a description of barriers to implementation of improvements in 
        those efforts.
            (B) A description of the activities and achievements of the 
        task force.
            (C) A description of successful and unsuccessful programs.
            (D) A description of pending, completed, and recommended 
        Department of Defense research relating to domestic violence.
            (E) Such recommendations for policy and statutory changes as 
        the task force considers appropriate.

    (3) Each subsequent annual report shall include the following:
            (A) A detailed discussion of the achievements in responses 
        to domestic violence in the Armed Forces.
            (B) Pending research on domestic violence.
            (C) Any recommendations for actions to improve the responses 
        of the Armed Forces to domestic violence in the Armed Forces 
        that the task force considers appropriate.

    (4) <<NOTE: Deadline.>> Within 90 days of receipt of a report under 
paragraph (2) or (3), the Secretary shall submit the report and the 
Secretary's evaluation of the report to the Committees on Armed Services 
of the Senate and House of Representatives. The Secretary shall include 
with the report the information collected pursuant to section 1562(b) of 
title 10, United States Code, as added by section 594.

    (f) Membership.--(1) The task force shall consist of not more than 
24 members, to be appointed by the Secretary of Defense. Members shall 
be appointed from each of the Army, Navy, Air Force, and Marine Corps 
and shall include an equal number of Department of Defense personnel 
(military or civilian) and persons from outside the Department of 
Defense. Members appointed from outside the Department of Defense may be 
appointed from other

[[Page 113 STAT. 641]]

Federal departments and agencies, from State and local agencies, or from 
the private sector.
    (2) The Secretary shall ensure that the membership of the task force 
includes a judge advocate representative from each of the Army, Navy, 
Air Force, and Marine Corps.
    (3)(A) In consultation with the Attorney General, the Secretary 
shall appoint to the task force a representative or representatives from 
the Office of Justice Programs of the Department of Justice.
    (B) In consultation with the Secretary of Health and Human Services, 
the Secretary shall appoint to the task force a representative from the 
Family Violence Prevention and Services office of the Department of 
Health and Human Services.
    (4) Each member of the task force appointed from outside the 
Department of Defense shall be an individual who has demonstrated 
expertise in the area of domestic violence or shall be appointed from 
one of the following:
            (A) A national domestic violence resource center established 
        under section 308 of the Family Violence Prevention and Services 
        Act (42 U.S.C. 10407).
            (B) A national sexual assault and domestic violence policy 
        and advocacy organization.
            (C) A State domestic violence and sexual assault coalition.
            (D) A civilian law enforcement agency.
            (E) A national judicial policy organization.
            (F) A State judicial authority.
            (G) A national crime victim policy organization.

    (5) <<NOTE: Deadline.>> The members of the task force shall be 
appointed not later than 90 days after the date of the enactment of this 
Act.

    (g) Co-Chairs of the Task Force.--There shall be two co-chairs of 
the task force. One of the co-chairs shall be designated by the 
Secretary of Defense at the time of appointment from among the 
Department of Defense personnel on the task force. The other co-chair 
shall be selected from among the members appointed from outside the 
Department of Defense by those members.
    (h) Administrative Support.--(1) Each member of the task force shall 
serve without compensation (other than the compensation to which 
entitled as a member of the Armed Forces or an officer or employee of 
the United States, as the case may be), but shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from the member's home or regular places 
of business in the performance of services for the task force.
    (2) The Assistant Secretary of Defense for Force Management Policy, 
under the direction of the Under Secretary of Defense for Personnel and 
Readiness, shall provide oversight of the task force. The Washington 
Headquarters Service shall provide the task force with the personnel, 
facilities, and other administrative support that is necessary for the 
performance of the task force's duties.
    (3) The Assistant Secretary shall coordinate with the Secretaries of 
the military departments to provide visits of the task force to military 
installations.
    (i) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App) shall not apply to the task force.
    (j) Termination.--The task force shall terminate three years after 
the date of the enactment of this Act.

[[Page 113 STAT. 642]]

SEC. 592. INCENTIVE <<NOTE: 10 USC 1562 note.>> PROGRAM FOR 
                        IMPROVING RESPONSES TO DOMESTIC VIOLENCE 
                        INVOLVING MEMBERS OF THE ARMED FORCES AND 
                        MILITARY FAMILY MEMBERS.

    (a) Purpose.--The purpose of this section is to provide a program 
for the establishment on military installations of collaborative 
projects involving appropriate elements of the Armed Forces and the 
civilian community to improve, strengthen, or coordinate prevention and 
response efforts to domestic violence involving members of the Armed 
Forces, military family members, and others.
    (b) Program.--The Secretary of Defense shall establish a program to 
provide funds and other incentives to commanders of military 
installations for the following purposes:
            (1) To improve coordination between military and civilian 
        law enforcement authorities in policies, training, and responses 
        to, and tracking of, cases involving military domestic violence.
            (2) To develop, implement, and coordinate with appropriate 
        civilian authorities tracking systems (A) for protective orders 
        issued to or on behalf of members of the Armed Forces by 
        civilian courts, and (B) for orders issued by military 
        commanders to members of the Armed Forces ordering them not to 
        have contact with a dependent.
            (3) To strengthen the capacity of attorneys and other legal 
        advocates to respond appropriately to victims of military 
        domestic violence.
            (4) To assist in educating judges, prosecutors, and legal 
        offices in improved handling of military domestic violence 
        cases.
            (5) To develop and implement more effective policies, 
        protocols, orders, and services specifically devoted to 
        preventing, identifying, and responding to domestic violence.
            (6) To develop, enlarge, or strengthen victims' services 
        programs, including sexual assault and domestic violence 
        programs, developing or improving delivery of victims' services, 
        and providing confidential access to specialized victims' 
        advocates.
            (7) To develop and implement primary prevention programs.
            (8) To improve the response of health care providers to 
        incidents of domestic violence, including the development and 
        implementation of screening protocols.

    (c) Priority.--The Secretary shall give priority in providing funds 
and other incentives under the program to installations at which the 
local program will emphasize building or strengthening partnerships and 
collaboration among military organizations such as family advocacy 
program, military police or provost marshal organizations, judge 
advocate organizations, legal offices, health affairs offices, and other 
installation-level military commands between those organizations and 
appropriate civilian organizations, including civilian law enforcement, 
domestic violence advocacy organizations, and domestic violence 
shelters.
    (d) Applications.--The <<NOTE: Guidelines.>> Secretary shall 
establish guidelines for applications for an award of funds under the 
program to carry out the program at an installation.

    (e) Awards.--The Secretary shall determine the award of funds and 
incentives under this section. In making a determination of the 
installations to which funds or other incentives are to be provided 
under the program, the Secretary shall consult with an award review 
committee consisting of representatives from the Armed

[[Page 113 STAT. 643]]

Forces, the Department of Justice, the Department of Health and Human 
Services, and organizations with a demonstrated expertise in the areas 
of domestic violence and victims' safety.
SEC. 593. UNIFORM <<NOTE: 10 USC 1562 note.>> DEPARTMENT OF 
                        DEFENSE POLICIES FOR RESPONSES TO DOMESTIC 
                        VIOLENCE.

    (a) Requirement.--The Secretary of Defense shall prescribe the 
following:
            (1) Standard guidelines to be used by the Secretaries of the 
        military departments for negotiating agreements with civilian 
        law enforcement authorities relating to acts of domestic 
        violence involving members of the Armed Forces.
            (2) A requirement (A) that when a commanding officer issues 
        to a member of the Armed Forces under that officer's command an 
        order that the member not have contact with a specified person 
        that a written copy of that order be provided within 24 hours 
        after the issuance of the order to the person with whom the 
        member is ordered not to have contact, and (B) that there be a 
        system of recording and tracking such orders.
            (3) Standard guidelines on the factors for commanders to 
        consider when seeking to substantiate allegations of domestic 
        violence by a person subject to the Uniform Code of Military 
        Justice and when determining appropriate action for such 
        allegations that are so substantiated.
            (4) A standard training program for all commanding officers 
        in the Armed Forces, including a standard curriculum, on the 
        handling of domestic violence cases.

    (b) Deadline.--The Secretary of Defense shall carry out subsection 
(a) not later than six months after the date on which the Secretary 
receives the first report of the Defense Task Force on Domestic Violence 
under section 591(e).
SEC. 594. CENTRAL DEPARTMENT OF DEFENSE DATABASE ON DOMESTIC 
                        VIOLENCE INCIDENTS.

    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 1562. Database on domestic violence incidents

    ``(a) Database <<NOTE: Establishment.>> on Domestic Violence 
Incident.--The Secretary of Defense shall establish a central database 
of information on the incidents of domestic violence involving members 
of the armed forces.

    ``(b) Reporting of Information for the Database.--The Secretary 
shall require that the Secretaries of the military departments maintain 
and report annually to the administrator of the database established 
under subsection (a) any information received on the following matters:
            ``(1) Each domestic violence incident reported to a 
        commander, a law enforcement authority of the armed forces, or a 
        family advocacy program of the Department of Defense.
            ``(2) The number of those incidents that involve evidence 
        determined sufficient for supporting disciplinary action and, 
        for each such incident, a description of the substantiated 
        allegation and the action taken by command authorities in the 
        incident.

[[Page 113 STAT. 644]]

            ``(3) The number of those incidents that involve evidence 
        determined insufficient for supporting disciplinary action and 
        for each such case, a description of the allegation.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:
``1562. Database on domestic violence incidents.''.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal <<NOTE: Effective dates. 37 USC 1009 note.>> year 2000 
           increase in military basic pay and reform of basic pay rates.

Sec. 602. Pay increases for fiscal years 2001 through 2006.
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. Amount of 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. Additional special pay for board certified veterinarians in 
           the Armed Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to 
           high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill 
           for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment 
           bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified 
           officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign 
           language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers 
           extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.
Sec. 629. 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. Destination airport for emergency leave travel to continental 
           United States.

                     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 Matters Relating to Military Retirees and Survivors

Sec. 651. Repeal of reduction in retired pay for military retirees 
           employed in civilian positions.

[[Page 113 STAT. 645]]

Sec. 652. Presentation of United States flag to retiring members of the 
           uniformed services not previously covered.
Sec. 653. Disability retirement or separation for certain members with 
           pre-existing conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-
           up premium paid by persons electing SBP coverage during 
           special open enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection 
           Plan.
Sec. 656. Extension of authority for payment of annuities to certain 
           military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when 
           not elected by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services 
           retirees.

    Subtitle F--Eligibility To Participate in the Thrift Savings Plan

Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.

                        Subtitle G--Other Matters

Sec. 671. Payment for unused leave in conjunction with a reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians 
           (dual status) serving on active duty without pay outside the 
           United States.
Sec. 673. Annual report on effects of initiatives on recruitment and 
           retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency 
           operation.
Sec. 676. Administration of Selected Reserve education loan repayment 
           program for Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue 
           Code of members receiving hostile fire or imminent danger 
           special pay during contingency operations.

                     Subtitle A--Pay and Allowances

SEC. 601. FISCAL <<NOTE: Effective dates. 37 USC 1009 note.>>  
                        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:

[[Page 113 STAT. 646]]



                        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   5,851.80   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   3,606.00    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   3,009.00    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   4,252.50   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 O-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.


[[Page 113 STAT. 647]]


  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   2,652.60   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   4,019.40   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..............   3,056.40   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
------------------------------------------------------------------------


[[Page 113 STAT. 648]]


                          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  $3,915.90
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.--Effective January 1, 2000, 
section 203(a) of title 37, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following new paragraph:

    ``(2) Notwithstanding the rates of basic pay in effect at any time 
as provided by law, the rates of basic pay payable for commissioned 
officers in pay grades O-7 through O-10 may not exceed the monthly 
equivalent of the rate of pay for level III of the Executive Schedule, 
and the rates of basic pay payable for all other officers and for 
enlisted members may not exceed the monthly equivalent of the rate of 
pay for level V of the Executive Schedule.''.
    (e) Recomputation <<NOTE: 10 USC 1401 note.>> of Retired Pay for 
Certain Recently Retired Officers.--In the case of a commissioned 
officer of the uniformed services who retired during the period 
beginning on April 30, 1999, through December 31, 1999, and who, at the 
time

[[Page 113 STAT. 649]]

of retirement, was in pay grade O-7, O-8, O-9, or O-10, the retired pay 
of that officer shall be recomputed, effective as of January 1, 2000, 
using the rate of basic pay that would have been applicable to the 
computation of that officer's retired pay if the provisions of paragraph 
(2) of section 203(a) of title 37, United States Code, as added by 
subsection (d), had taken effect on April 30, 1999.
SEC. 602. PAY INCREASES FOR FISCAL YEARS 2001 THROUGH 2006.

    (a) ECI+0.5 Percent Increase for All Members.--Section 1009(c) of 
title 37, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c) Equal Percentage 
        Increase for All Members.--''; and
            (2) by adding at the end the following new paragraph:

    ``(2) Notwithstanding paragraph (1), but subject to subsection (d), 
an adjustment taking effect under this section during each of fiscal 
years 2001 through 2006 shall provide all eligible members with an 
increase in the monthly basic pay by the percentage equal to the sum 
of--
            ``(A) one percent; plus
            ``(B) the percentage calculated as provided under section 
        5303(a) of title 5 for that fiscal year, without regard to 
        whether rates of pay under the statutory pay systems are 
        actually increased during that fiscal year under that section by 
        the percentage so calculated.''.

    (b) Effective <<NOTE: 37 USC 1009 note.>> Date.--The amendments made 
by subsection (a) shall take effect on October 1, 2000.
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, 
$225,000,000 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''.

[[Page 113 STAT. 650]]

    (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 619(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.''.

[[Page 113 STAT. 651]]

SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE 
                        MANAGERS.

    (a) Applicable Incentive Pay Rate.--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, shall be paid the 
monthly incentive pay at the higher of the following rates:
            ``(A) The rate otherwise applicable to the member 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 <<NOTE: Applicability. 37 USC 301a note.>> Date.--The 
amendment made by subsection (a) shall take effect on October 1, 1999, 
and shall apply with respect to months beginning on or after that date.
SEC. 615. 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 is 
amended by striking the second sentence.
    (g) Effective <<NOTE: Applicability. 37 USC 301b note.>> Date.--The 
amendments made by this section shall take effect on October 1, 1999, 
and shall apply with respect to months beginning on or after that date.

[[Page 113 STAT. 652]]

SEC. 616. ADDITIONAL SPECIAL PAY FOR BOARD CERTIFIED VETERINARIANS 
                        IN THE ARMED FORCES AND PUBLIC HEALTH 
                        SERVICE.

    (a) Authority.--Section 303 of title 37, United States Code, is 
amended--
            (1) by inserting ``(a) Monthly Special Pay.--'' before 
        ``Each''; and
            (2) by adding at the end the following:

    ``(b) Additional Special Pay for Board Certification.--A 
commissioned officer entitled to special pay under subsection (a) who 
has been certified as a Diplomate in a specialty recognized by the 
American Veterinarian Medical Association is entitled to special pay (in 
addition to the special pay under subsection (a)) at the same rate as is 
provided under section 302c(b) of this title for an officer referred to 
in that section who has the same number of years of creditable service 
as the commissioned officer.''.
    (b) Effective <<NOTE: Applicability. 37 USC 303 note.>> Date.--The 
amendments made by subsection (a) shall take effect on October 1, 1999, 
and shall apply with respect to months beginning on and after that date.

SEC. 617. DIVING DUTY SPECIAL PAY.

    (a) Increase in Rate.--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 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 <<NOTE: Applicability. 37 USC 304 note.>> Date.--The 
amendments made by subsections (a) and (b) shall take effect on October 
1, 1999, and shall apply with respect to special pay paid under such 
section for months beginning on or after that date.

SEC. 618. 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) Increase in Maximum 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''.

    (c) Effective <<NOTE: Applicability. 37 USC 308 note.>> Date.--The 
amendments made by subsections (a) and (b) shall take effect on October 
1, 1999, and shall apply with respect to reenlistments and extensions of 
enlistments taking effect on or after that date.

SEC. 619. ENLISTMENT BONUS.

    (a) Increase in Maximum 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--

[[Page 113 STAT. 653]]

            (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 Author-
        ity.--'' after ``(d)''.

    (d) Effective <<NOTE: Applicability. 37 USC 308a note.>> Date.--The 
amendment made by subsection (a) shall take effect on October 1, 1999, 
and shall apply with respect to enlistments and extensions of 
enlistments taking effect on or after that date.

SEC. 620. SELECTED RESERVE ENLISTMENT BONUS.

    (a) Elimination of Requirement for Minimum Period of Enlistment.--
Subsection (a) of section 308c of title 37, United States Code, is 
amended by striking ``for a term of enlistment of not less than six 
years''.
    (b) Increased Maximum Amount.--Subsection (b) of such section is 
amended by striking ``$5,000'' and inserting ``$8,000''.
    (c) Effective <<NOTE: Applicability. 37 USC 308c note.>> Date.--The 
amendments made by subsections (a) and (b) shall take effect on October 
1, 1999, and shall apply with respect to enlistments entered into on or 
after that date.
SEC. 621. SPECIAL PAY FOR MEMBERS OF THE COAST GUARD RESERVE 
                        ASSIGNED TO HIGH PRIORITY UNITS OF THE 
                        SELECTED RESERVE.

    Section 308d(a) of title 37, United States Code, is amended by 
inserting ``or the Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Navy, '' after 
``Secretary of Defense,''.
SEC. 622. REDUCED MINIMUM PERIOD OF ENLISTMENT IN ARMY IN CRITICAL 
                        SKILL FOR ELIGIBILITY FOR ENLISTMENT 
                        BONUS.

    (a) Reduced Requirement.--Paragraph (3) of section 308f(a) of title 
37, United States Code, is amended by striking ``3 years'' and inserting 
``2 years''.
    (b) Effective <<NOTE: Applicability. 37 USC 308f note.>> Date.--The 
amendment made by subsection (a) shall take effect on October 1, 1999, 
and shall apply with respect to enlistments entered into on or after 
that date.
SEC. 623. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE 
                        ENLISTMENT BONUS UPON ATTAINING A CRITICAL 
                        SKILL.

    (a) Revised Eligibility Requirements for Bonus.--Section 308i(a) of 
title 37, United States Code, is amended by striking paragraph (2) and 
inserting the following new paragraph:

[[Page 113 STAT. 654]]

    ``(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.''.

    (b) Effective <<NOTE: Applicability. 37 USC 308i note.>> Date.--The 
amendment made by subsection (a) shall take effect on October 1, 1999, 
and shall apply to enlistments beginning on or after that date.
SEC. 624. 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 <<NOTE: Applicability. 37 USC 312 note.>> Date.--(1) 
The amendments made by subsections (a) and (b) shall take effect on 
October 1, 1999, and shall apply to agreements under section 312 or 312b 
of such title entered into on or after that date.

    (2) <<NOTE: 37 USC 312c note.>> The amendments made by subsection 
(c) shall take effect on October 1, 1999, and shall apply with respect 
to nuclear service years beginning on or after that date.
SEC. 625. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR 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 <<NOTE: Applicability. 37 USC 316 note.>> Date.--The 
amendment made by subsection (a) shall take effect on October 1, 1999, 
and shall apply with respect

[[Page 113 STAT. 655]]

to foreign language proficiency pay paid under section 316 of such title 
for months beginning on or after that date.
SEC. 626. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL WARFARE 
                        OFFICERS EXTENDING PERIODS OF ACTIVE DUTY.

    (a) Bonus Authorized.--(1) Chapter 5 of title 37, United States 
Code, is amended by 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 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) Eligibility Requirements.--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.

[[Page 113 STAT. 656]]

    ``(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.''.
    (2) 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.''.

    (b) Effective <<NOTE: 37 USC 318 note.>> Date.--The amendments made 
by subsection (a) shall take effect on October 1, 1999.
SEC. 627. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINUATION 
                        PAY.

    (a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, United 
States Code, is amended by inserting after section 318, as added by 
section 626, 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 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 vessel 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

[[Page 113 STAT. 657]]

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 vessel 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 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 (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.''.
    (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 318 the following new item:
``319. Special pay: surface warfare officer continuation pay.''.

    (b) Effective <<NOTE: 37 USC 319 note.>> Date.--The amendments made 
by subsection (a) shall take effect on October 1, 1999.
SEC. 628. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE PAY.

    (a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, United 
States Code, is amended by inserting after section 319, as added by 
section 627, 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

[[Page 113 STAT. 658]]

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 may be 
resumed 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 Rates.--The monthly rate of any career 
enlisted flyer incentive pay paid under this section to a member on 
active duty shall be prescribed by the Secretary concerned, but may not 
exceed the following:

``Years of aviation service   Monthly rate..............................
4 or less                                                        $150   
Over 4                                                           $225   
Over 8                                                           $350   
Over 14                                                          $400.  

    ``(e) Eligibility <<NOTE: Regulations.>> 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

[[Page 113 STAT. 659]]

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 incentive pay under section 301(a) of 
this title or special pay under section 304 of this title may not be 
paid special pay under this section for the same period of service.
    ``(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.''.

    (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 319 the following new item:
``320. Incentive pay: career enlisted flyers.''.

    (b) Effective <<NOTE: 37 USC 320 note.>> Date.--The amendments made 
by subsection (a) shall take effect on October 1, 1999.
SEC. 629. 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 628, 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--

[[Page 113 STAT. 660]]

            ``(1) is qualified and serving as a judge advocate, as 
        defined in section 801 of title 10; and
            ``(2) has completed--
                    ``(A) the active duty service obligation incurred 
                through the officer's original commissioning program; or
                    ``(B) in the case of an officer detailed under 
                section 2004 of title 10 or section 470 of title 14, the 
                active duty service obligation incurred as part of that 
                detail.

    ``(b) Special Pay Authorized.--An eligible judge advocate who 
executes a written agreement 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 continuation pay under 
this section. The total amount paid to an officer under one or more 
agreements under this section may not exceed $60,000.
    ``(c) Proration.--The term of an agreement under subsection (b) and 
the amount payable under the agreement may be prorated.
    ``(d) Payment Methods.--Upon acceptance of an 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 to an officer under this 
section is in addition to any other pay and allowances to which the 
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 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 (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) <<NOTE: Deadline.>> Not later than March 31, 2000, the Secretary 
shall submit to Congress a report containing the findings and 
recommendations resulting from the study.

[[Page 113 STAT. 661]]

    (c) Effective <<NOTE: 37 USC 321 note.>> Date.--The amendments made 
by subsection (a) shall take effect on October 1, 1999.

            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.

    (a) Provision.--Paragraph (1) of subsection (i) of section 404 of 
title 37, United States Code, is amended by adding at the end the 
following new sentence: ``If transient government housing is unavailable 
or inadequate, the Secretary concerned may provide the member with 
lodging in kind in the same manner as members entitled to such 
allowances under subsection (a).''.
    (b) Payment Methods.--Paragraph (3) of such subsection is amended--
            (1) by inserting after ``paragraph (1)'' the following: 
        ``and expenses of providing lodging in kind under such 
        paragraph''; and
            (2) by adding at the end the following new sentence: ``Use 
        of Government charge cards is authorized for payment of these 
        expenses.''.

    (c) Decisionmaking.--Such subsection is further amended by adding at 
the end the following new paragraph:
    ``(4) Decisions regarding the availability or adequacy of government 
housing at a military installation under paragraph (1) shall be made by 
the installation commander.''.
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. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL TO 
                        CONTINENTAL UNITED STATES.

    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

[[Page 113 STAT. 662]]

            (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 after ``July 31, 
1986,'' the following: ``has elected to receive a bonus under section 
322 of title 37,''.
    (b) Cost-of-Living Adjustments.--(1) Paragraph (2) of section 
1401a(b) of such title is amended by striking ``The Secretary shall 
increase the retired pay of each member and former member who first 
became a member of a uniformed service before August 1, 1986,'' and 
inserting ``Except as otherwise provided in this subsection, the 
Secretary shall increase the retired pay of each member and former 
member''.
    (2) Paragraph (3) of such section is amended by inserting after 
``August 1, 1986,'' the following: ``and has elected to receive a bonus 
under section 322 of title 37,''.
    (c) Recomputation of Retired Pay At Age 62.--Section 1410 of such 
title is amended by inserting after ``August 1, 1986,'' the following: 
``who has elected to receive a bonus under section 322 of title 37,''.
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 
629, the following new section:
``Sec. 322. Special pay: 15-year career status bonus for members 
                entering service on or after August 1, 1986

    ``(a) 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.

    ``(b) 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).

    ``(c) Election Method.--An election under subsection (a)(1) shall be 
made in such form and within such period as the Secretary concerned may 
prescribe. An election under that subsection is irrevocable.

[[Page 113 STAT. 663]]

    ``(d) Amount of Bonus; Payment.--(1) A bonus under this section 
shall be paid in a single lump sum of $30,000.
    ``(2) <<NOTE: Deadline.>> 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 (a)(1) and the written agreement required under subsection 
(a)(2), if applicable.

    ``(e) Notification of Eligibility.--(1) The Secretary concerned 
shall transmit to each member who meets the definition of eligible 
career bonus member a written notification of the opportunity of the 
member to elect to receive a bonus under 
this <<NOTE: Notification. Deadline.>> 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 a period of active duty beginning on the date 
on which the election of the person under subsection (a)(1) is received 
and ending on the date on which the person completes 20 years of active-
duty service as described in subsection (a)(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 uncompleted part of that period of active-
duty service bears to the total period of such service.
    ``(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.--(1) 
Section 1451(h)(3) of title 10, United States Code, is amended by 
inserting ``of certain members'' after ``retirement''.
    (2) Section 1452(i) of such title is amended by striking ``When the 
retired pay'' and inserting ``Whenever the retired pay''.
    (b) Related Technical Amendments.--Chapter 71 of such title is 
amended as follows:
            (1) Section 1401a(b) is amended--

[[Page 113 STAT. 664]]

                    (A) by striking the heading for paragraph (1) and 
                inserting ``Increase required.--'';
                    (B) by striking the heading for paragraph (2) and 
                inserting ``Percentage increase.--''; and
                    (C) by striking the heading for paragraph (3) and 
                inserting ``Reduced percentage for certain post-august 
                1, 1986 members.--''.
            (2) Section 1409(b)(2) is amended by inserting ``certain'' 
        in the paragraph heading after ``Reduction applicable to''.
            (3)(A) The heading of section 1410 is amended by inserting 
        ``certain'' before ``members''.
            (B) The item relating to such section in the table of 
        sections at the beginning of such chapter is amended by 
        inserting ``certain'' before ``members''.

SEC. 644. <<NOTE: 10 USC 1401a note.>> EFFECTIVE DATE.

    The amendments made by sections 641, 642, and 643 shall take effect 
on October 1, 1999.

  Subtitle E--Other Matters Relating to Military Retirees and Survivors

SEC. 651. REPEAL OF REDUCTION IN RETIRED PAY FOR MILITARY RETIREES 
                        EMPLOYED IN CIVILIAN POSITIONS.

    (a) Repeal.--(1) Section 5532 of title 5, United States Code, is 
repealed.
    (2) The table of sections at the beginning of chapter 55 of such 
title is amended by striking the item relating to section 5532.
    (b) Contributions to Department of Defense Military Retirement 
Fund.--Section 1466 of title 10, United States Code, is amended by 
adding at the end the following new subsection:
    ``(c)(1) The Secretary of Defense shall pay into the Fund at the 
beginning of each fiscal year such amount as may be necessary to pay the 
cost to the Fund for that fiscal year resulting from the repeal, as of 
October 1, 1999, of section 5532 of title 5, including any actuarial 
loss to the Fund resulting from increased benefits paid from the Fund 
that are not fully covered by the payments made to the Fund for that 
fiscal year under subsections (a) and (b).
    ``(2) Amounts paid into the Fund under this subsection shall be paid 
from funds available for the pay of members of the armed forces under 
the jurisdiction of the Secretary of a military department.
    ``(3) The Department of Defense Retirement Board of Actuaries shall 
determine, for each armed force, the amount required under paragraph (1) 
to be deposited in the Fund each fiscal year.''.
    (c) Effective <<NOTE: 10 USC 1466 note.>> Date.--The amendments made 
by this section shall take effect on October 1, 1999.
SEC. 652. 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:

[[Page 113 STAT. 665]]

``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) Presentation <<NOTE: 42 USC 214.>> of Flag.--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. <<NOTE: 33 USC 853v.>> (a) Presentation of Flag Upon 
Retirement.--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 <<NOTE: Applicability. 10 USC 12605 note.>> Date.--
Section 12605 of title 10, United States Code (as added by subsection 
(a)), section 213 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

[[Page 113 STAT. 666]]

(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. 653. 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 became 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 the disability 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

    ``(a) 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

[[Page 113 STAT. 667]]

            ``(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''.
SEC. 654. CREDIT TOWARD PAID-UP SBP COVERAGE FOR MONTHS COVERED BY 
                        MAKE-UP PREMIUM PAID BY PERSONS ELECTING 
                        SBP COVERAGE DURING SPECIAL OPEN 
                        ENROLLMENT PERIOD.

    Section 642 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2045; 10 U.S.C. 1448 
note) is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new 
        subsection (h):

    ``(h) Credit Toward Paid-Up Coverage.--Upon payment of the total 
amount of the premiums charged a person under subsection (g), the 
retired pay of a person participating in the Survivor Benefit Plan 
pursuant to an election under this section shall be treated, for the 
purposes of subsection (j) of section 1452 of title 10, United States 
Code, as having been reduced under such section 1452 for the months in 
the period for which the person's retired pay would have been reduced if 
the person had elected to participate in the Survivor Benefit Plan at 
the first opportunity that was afforded the person to participate.''.
SEC. 655. PAID-UP COVERAGE UNDER RETIRED SERVICEMAN'S FAMILY 
                        PROTECTION PLAN.

    (a) Conditions.--Subchapter I of chapter 73 of title 10, United 
States Code, is amended by inserting after section 1436 the following 
new section:

``Sec. 1436a. Coverage paid up at 30 years and age 70

    ``Effective October 1, 2008, <<NOTE: Effective date.>> a reduction 
under this subchapter in the retired or retainer pay of a person 
electing an annuity under this subchapter may not be made for any month 
after the later of--
            ``(1) the month that is the 360th month for which that 
        person's retired or retainer pay is reduced pursuant to such an 
        election; and
            ``(2) the month during which that person attains 70 years of 
        age.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 1436 the following new item:
``1436a. Coverage paid up at 30 years and age 70.''.

[[Page 113 STAT. 668]]

SEC. 656. EXTENSION OF AUTHORITY FOR PAYMENT OF ANNUITIES TO 
                        CERTAIN MILITARY SURVIVING SPOUSES.

    (a) Coverage of Surviving Spouses of All ``Gray-Area'' Retirees.--
Subsection (a)(1)(B) of section 644 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 
1800; 10 U.S.C. 1448 note) is amended by striking ``during the period 
beginning on September 21, 1972, and ending on'' and inserting 
``before''.
    (b) Permanent Authority for Payment of Annuities.--Subsection (f) of 
such section is repealed.
    (c) Effective <<NOTE: 10 USC 1448 note.>> Date.--The amendment made 
by subsection (a) shall apply with respect to annuities payable for 
months beginning after September 30, 1999.
SEC. 657. EFFECTUATION <<NOTE: 10 USC 1450 note.>> OF INTENDED SBP 
                        ANNUITY FOR FORMER SPOUSE WHEN NOT ELECTED 
                        BY REASON OF UNTIMELY DEATH OF RETIREE.

    (a) Cases Not Covered by Existing Authority.--Paragraph (3) of 
section 1450(f) of title 10, United States Code, as in effect on the 
date of the enactment of this Act, shall apply in the case of a former 
spouse of any person referred to in that paragraph who--
            (1) incident to a proceeding of divorce, dissolution, or 
        annulment--
                    (A) entered into a written agreement on or after 
                August 21, 1983, to make an election under section 
                1448(b) of such title to provide an annuity to the 
                former spouse (the agreement thereafter having been 
                incorporated in or ratified or approved by a court order 
                or filed with the court of appropriate jurisdiction in 
                accordance with applicable State law); or
                    (B) was required by a court order dated on or after 
                such date to make such an election for the former 
                spouse; and
            (2) before making the election, died within 21 days after 
        the date of the agreement referred to in paragraph (1)(A) or the 
        court order referred to in paragraph (1)(B), as the case may be.

    (b) Adjusted Time Limit for Request by Former Spouse.--For the 
purposes of paragraph (3)(C) of section 1450(f) of title 10, United 
States Code, a court order or filing referred to in subsection (a)(1) of 
this section that is dated before October 19, 1984, shall be deemed to 
be dated on the date of the enactment of this Act.
SEC. 658. 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 pay to each eligible 
disabled uniformed services retiree a monthly amount determined under 
subsection (b).

[[Page 113 STAT. 669]]

    ``(b) Amount.--The amount to be paid to an eligible disabled 
uniformed services retiree in accordance with subsection (a) is the 
following:
            ``(1) For any month for which the retiree has a qualifying 
        service-connected disability rated as total, $300.
            ``(2) For any month for which the retiree has a qualifying 
        service-connected disability rated as 90 percent, $200.
            ``(3) For any month for which the retiree has a qualifying 
        service-connected disability rated as 80 percent or 70 percent, 
        $100.

    ``(c) Eligible Members.--An eligible disabled uniformed services 
retiree referred to in subsection (a) is a member of the uniformed 
services in a retired status (other than a member who is retired under 
chapter 61 of this title) who--
            ``(1) completed at least 20 years of service in the 
        uniformed services that are creditable for purposes of computing 
        the amount of retired pay to which the member is entitled; and
            ``(2) has a qualifying service-connected disability.

    ``(d) Qualifying Service-Connected Disability Defined.--In this 
section, the term `qualifying service-connected disability' means a 
service-connected disability that--
            ``(1) was incurred or aggravated in the performance of duty 
        as a member of a uniformed service, as determined by the 
        Secretary concerned; and
            ``(2) is rated as not less than 70 percent disabling--
                    ``(A) by the Secretary concerned as of the date on 
                which the member is retired from the uniformed services; 
                or
                    ``(B) by the Secretary of Veterans Affairs within 
                four years following the date on which the member is 
                retired from the uniformed services.

    ``(e) Status of Payments.--Payments under this section are not 
retired pay.
    ``(f) Source of Funds.--Payments under this section for any fiscal 
year shall be paid out of funds appropriated for pay and allowances 
payable by the Secretary concerned for that fiscal year.
    ``(g) Other Definitions.--In this section:
            ``(1) The term `service-connected' has the meaning given 
        that term in section 101 of title 38.
            ``(2) The term `disability rated as total' means--
                    ``(A) a disability that is rated as total under the 
                standard schedule of rating disabilities in use by the 
                Department of Veterans Affairs; or
                    ``(B) a disability for which the scheduled rating is 
                less than total but for which a rating of total is 
                assigned by reason of inability of the disabled person 
                concerned to secure or follow a substantially gainful 
                occupation as a result of service-connected 
                disabilities.
            ``(3) The term `retired pay' includes retainer pay, 
        emergency officers' retirement pay, and naval pension.''.

    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:
``1413. Special compensation for certain severely disabled uniformed 
            services retirees.''.

    (b) Effective <<NOTE: Applicability. 10 USC 1413 note.>> 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

[[Page 113 STAT. 670]]

date. No benefit may be paid to any person by reason of that section for 
any period before that date.

    Subtitle F--Eligibility to Participate in the Thrift Savings Plan

SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.

    (a) Participation Authority.--(1)(A) Chapter 3 of title 37, United 
States Code, is amended by adding at the end the following:

``Sec. 211. Participation in Thrift Savings Plan

    ``(a) Definition.--In this section, the term `member' means--
            ``(1) a member of the uniformed services serving on active 
        duty; and
            ``(2) a member of the Ready Reserve in any pay status.

    ``(b) Authority.--Any member may participate in the Thrift Savings 
Plan in accordance with section 8440e of title 5.
    ``(c) Rule of Construction Regarding Separation.--For purposes of 
subchapters III and VII of chapter 84 of title 5, each of the following 
actions shall, in the case of a member participating in the Thrift 
Savings Plan in accordance with section 8440e of such title, be 
considered a separation from Government employment:
            ``(1) Release of the member from active duty, not followed, 
        before the end of the 31-day period beginning on the day 
        following the effective date of the release, by--
                    ``(A) a resumption of active duty; or
                    ``(B) 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 
                (appointed by the Federal Retirement Thrift Investment 
                Board) in regulations.
            ``(2) Transfer of the member to inactive status, or to a 
        retired list pursuant to any provision of title 10.''.

    (B) The table of sections at the beginning of such chapter is 
amended by adding at the end the following:
``211. Participation in Thrift Savings Plan.''.

    (2)(A) Subchapter III of chapter 84 of title 5, United States Code, 
is amended by adding at the end the following:

``Sec. 8440e. Members of the uniformed services

    ``(a) For purposes of this section--
            ``(1) the term `member' has the meaning given such term by 
        section 211 of title 37; and
            ``(2) the term `basic pay' means basic pay payable under 
        section 204 of title 37.

    ``(b)(1) Any member eligible to participate in the Thrift Savings 
Plan by virtue of section 211(b) of title 37 may contribute to the 
Thrift Savings Fund.
    ``(2)(A) Except as provided in subparagraph (B), an election to 
contribute to the Thrift Savings Fund under this section 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.

[[Page 113 STAT. 671]]

    ``(B)(i) Notwithstanding subparagraph (A), any individual who is a 
member as of the effective date described in paragraph (1) of section 
663(a) of the National Defense Authorization Act for Fiscal Year 2000 
(or, if applicable, paragraph (2) thereof) 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).
    ``(c) Except as otherwise provided in this section, the provisions 
of this subchapter and subchapter VII shall apply with respect to 
members making contributions to the Thrift Savings Fund, and such 
members shall, for purposes of this subchapter and subchapter VII, be 
considered employees within the meaning of section 8401(11).
    ``(d)(1)(A) The amount contributed by a member described in section 
211(a)(1) of title 37 for any pay period out of basic pay may not exceed 
5 percent of such member's basic pay for such pay period.
    ``(B) The amount contributed by a member described in section 
211(a)(2) of title 37 for any pay period out of any compensation 
received under section 206 of title 37 may not exceed 5 percent of such 
compensation, payable to such member for such pay period.
    ``(2) A member making contributions to the Thrift Savings Fund out 
of basic pay, or out of compensation under section 206 of title 37, may 
also contribute (by direct transfer to the Fund) any part of any special 
or incentive pay that such member receives under chapter 5 of title 37.
    ``(3) 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.
    ``(e) Except as provided in section 211(d) of title 37, no 
contribution under section 8432(c) of this title may be made for the 
benefit of a member making contributions to the Thrift Savings Fund 
under this section.''.
    (B) The table of sections at the beginning of chapter 84 of title 5, 
United States Code, is amended by adding after the item relating to 
section 8440d the following:
``8440e. Members of the uniformed services.''.

    (3)(A) Section 8432b(b)(2)(B) of title 5, United States Code, is 
amended by inserting ``or 8440e'' after ``section 8432(a)''.
    (B)(i) Section 8351(b) of title 5, United States Code, is amended by 
redesignating paragraph (11) as paragraph (8).
    (ii) Subparagraph (A) of section 8351(b)(8) of such title 5 (as so 
redesignated by clause (i)) is amended by striking the semicolon and 
inserting the following: ``, except that the reference in section 
8432b(b)(2)(B) to employee contributions under section 8432(a) shall be 
considered a reference to employee contributions under this subchapter 
and section 8440e;''.
    (C) Subsection (c) of section 8432b of such title 5 is amended by 
redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), 
respectively, by striking ``(c)'' and inserting ``(c)(1)'', and by 
adding at the end the following:

[[Page 113 STAT. 672]]

    ``(2) An employee to whom this section applies is entitled to have 
contributed to the Thrift Savings Fund on such employee's behalf an 
amount equal to--
            ``(A) the total contributions to which that individual would 
        have been entitled under section 8432(c)(2), based on the 
        amounts contributed by such individual under section 8440e 
        (other than under subsection (d)(2) thereof) with respect to the 
        period referred to in subsection (b)(2)(B), if those amounts had 
        been contributed by such individual under section 8432(a); 
        reduced by
            ``(B) any contributions actually made on such employee's 
        behalf under section 8432(c)(2) (including pursuant to an 
        agreement under section 211(d) of title 37) with respect to the 
        period referred to in subsection (b)(2)(B).''.

    (4) Subsections (g)(1) and (h)(3) of section 8433 of title 5, United 
States Code, are each amended by striking ``under section 8432(a) of 
this title''.
    (5) Section 8439(a) of title 5, United States Code, is amended--
            (A) in paragraph (1), by striking ``under section 8432(c)(1) 
        of this title'' and ``under section 8351 of this title'';
            (B) in paragraph (2)(A)(i), by striking all after 
        ``individual'' and inserting a semicolon; and
            (C) in paragraph (2)(A)(ii), by striking all after 
        ``individual'' and inserting ``; and''.

    (6) Section 8473 of title 5, United States Code, is amended--
            (A) in subsection (a), by striking ``14 members'' and 
        inserting ``15 members''; and
            (B) in subsection (b)--
                    (i) by striking ``14 members'' and inserting ``15 
                members'';
                    (ii) by striking ``and'' at the end of paragraph 
                (8);
                    (iii) by striking the period at the end of paragraph 
                (9) and inserting ``; and''; and
                    (iv) by adding at the end the following:
            ``(10) 1 shall be appointed to represent participants (under 
        section 8440e) who are members of the uniformed services.''.

    (b) Regulations.--Not <<NOTE: Deadline. 5 USC 8440e note.>> later 
than the date on which qualifying offsetting legislation (as defined in 
section 663(b)) is enacted or 180 days after the date of the enactment 
of this Act, whichever is later, the Executive Director (appointed by 
the Federal Retirement Thrift Investment Board) shall issue regulations 
to implement the amendments made by this subtitle.

SEC. 662. SPECIAL RETENTION INITIATIVE.

    Section 211 of title 37, United States Code, as added by section 
661, is amended by adding at the end the following:
    ``(d) Agency Contributions for Retention in Critical Specialties.--
(1) The Secretary concerned may enter into an agreement with a member to 
make contributions to the Thrift Savings Fund for the benefit of the 
member if the member--
            ``(A) is in a specialty designated by the Secretary as 
        critical to meet requirements (whether such specialty is 
        designated as critical to meet wartime or peacetime 
        requirements); and
            ``(B) commits in such agreement to continue to serve on 
        active duty in that specialty for a period of 6 years.

    ``(2) Under any agreement entered into with a member under paragraph 
(1), the Secretary shall make contributions to the Fund

[[Page 113 STAT. 673]]

for the benefit of the member for each pay period of the 6-year period 
of the agreement for which the member makes a contribution to the Fund 
under section 8440e of title 5 (other than under subsection (d)(2) 
thereof). Paragraph (2) of section 8432(c) of title 5 applies to the 
Secretary's obligation to make contributions under this paragraph, 
except that the reference in such paragraph (2) to contributions under 
paragraph (1) of such section 8432(c) does not apply.''.

SEC. 663. <<NOTE: 5 USC 8440 note.>> EFFECTIVE DATE.

    (a) Applicability.--(1) Except as provided in paragraph (2), the 
authority of members to participate in the Thrift Savings Plan under 
section 211 of title 37, United States Code (as amended by this 
subtitle) shall take effect on the date on which qualifying offsetting 
legislation (as defined in subsection (b)) is enacted or 1 year after 
the date of the enactment of this Act, whichever is later. As used in 
the preceding sentence, the term ``member'' has the meaning given such 
term by section 211 of such title 37 (as so amended).
    (2)(A) The Secretary of Defense may postpone the authority of 
members of the Ready Reserve to so participate in the Thrift Savings 
Plan until 180 days after the date that would otherwise apply under 
paragraph (1) if the Secretary, after consultation with the Executive 
Director (appointed by the Federal Retirement Thrift Investment Board), 
determines that permitting such members to participate in the Thrift 
Savings Plan beginning on the date that would otherwise apply under 
paragraph (1) would place an excessive burden on the administrative 
capacity of the Board to accommodate participants in the Thrift Savings 
Plan.
    (B) <<NOTE: Notification.>> The Secretary shall notify the 
congressional defense committees, the Committee on Government Reform of 
the House of Representatives, and the Committee on Governmental Affairs 
of the Senate of any determination made under subparagraph (A).

    (b) Effectiveness Contingent on Offsetting Legislation.--(1) The 
amendments made by 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 One 
        Hundred Sixth Congress qualifying offsetting legislation.

The preceding sentence shall not apply with respect to the amendment 
made by section 661(a)(3)(B)(i).
    (2) For purposes of this subtitle:
            (A) The term ``qualifying offsetting legislation'' means 
        legislation (other than an appropriations Act) that includes 
        provisions that--
                    (i) offset fully the decreased revenues 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

[[Page 113 STAT. 674]]

        252(d) of the Balanced Budget and Emergency Deficit Control Act 
        of 1985.

                        Subtitle G--Other Matters

SEC. 671. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION WITH A 
                        REENLISTMENT.

    Section 501 of title 37, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``, termination of an 
        enlistment in conjunction with the commencement of a successive 
        enlistment (without regard to the date of the expiration of the 
        term of the enlistment being terminated),'' after ``honorable 
        conditions''; and
            (2) in subsection (b)(2), by striking ``, or entering into 
        an enlistment,''.
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY 
                        TECHNICIANS (DUAL STATUS) 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 <<NOTE: 37 USC 1002 note.>> 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. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUITMENT 
                        AND RETENTION.

    (a) Report Required.--(1) Chapter 19 of title 37, United States 
Code, is amended by adding at the end the following new section:
``Sec. 1015. Annual report on effects of recruitment and retention 
                  initiatives

    ``Not <<NOTE: Deadline.>> later than December 1 of each year, the 
Secretary of Defense shall submit to Congress a report that sets forth 
the Secretary's assessment of the effects that the improvements to 
compensation and other personnel benefits made by title VI of the 
National Defense Authorization Act for Fiscal Year 2000 are having on 
the recruitment of persons to join the armed forces and the retention of 
members of the armed forces.''.

    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:
``1015. Annual report on effects of recruitment and retention 
            initiatives.''.

    (b) First <<NOTE: Deadline. 37 USC 1015 note.>> Report.--The first 
report under section 1015 of title 37, United States Code, as added by 
subsection (a), shall be submitted not later than December 1, 2000.

[[Page 113 STAT. 675]]

SEC. 674. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.

    (a) Program and Benefits.--Subsection (a) of section 1060a of title 
10, United States Code, is amended by striking ``Authority.--The 
Secretary of Defense may carry out a program to provide special 
supplemental food benefits'' and inserting ``Program Required.--The 
Secretary of Defense shall carry out a program to provide supplemental 
foods and nutrition education''.
    (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) in paragraph (1)(A), by adding at the end the following 
        new sentence: ``In determining eligibility for benefits, a 
        person already certified for participation in the special 
        supplemental nutrition program for women, infants, and children 
        under such section 17 shall be considered eligible for the 
        duration of the certification period under that special 
        supplemental nutrition program.'';
            (2) by striking paragraph (1)(B) and inserting the 
        following:

    ``(B) In determining eligibility 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), including nutritional risk standards. The Secretary 
shall also consider the value of housing in kind provided to the 
individual when determining program eligibility.'';
            (3) in paragraph (2), by adding before the period at the end 
        the following: ``, particularly with respect to nutrition 
        education''; and
            (4) 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) Definitions.--Subsection (f) of such section is amended by 
adding at the end the following new paragraph:
            ``(4) The terms `nutrition education' and `supplemental 
        foods' have the meanings given the terms in section 17(b) of the 
        Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).''.

    (e) 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. 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:

[[Page 113 STAT. 676]]

            ``(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.''.
SEC. 676. ADMINISTRATION OF SELECTED RESERVE EDUCATION LOAN 
                        REPAYMENT PROGRAM FOR COAST GUARD RESERVE.

    Section 16301 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g) The Secretary of Transportation may repay loans described in 
subsection (a)(1) and otherwise administer this section in the case of 
members of the Selected Reserve of the Coast Guard Reserve when the 
Coast Guard is not operating as a service in the Navy.''.
SEC. 677. SENSE <<NOTE: 26 USC 112 note.>> OF CONGRESS REGARDING 
                        TREATMENT UNDER INTERNAL REVENUE CODE OF 
                        MEMBERS RECEIVING HOSTILE FIRE OR IMMINENT 
                        DANGER SPECIAL PAY DURING CONTINGENCY 
                        OPERATIONS.

    It is the sense of Congress that a member of the Armed Forces who is 
receiving special pay under section 310 of title 37, United States Code, 
while assigned to duty in support of a contingency operation should be 
treated under the Internal Revenue Code of 1986 in the same manner as a 
member of the Armed Forces serving in a combat zone (as defined in 
section 112 of the Internal Revenue Code of 1986).

                    TITLE VII--HEALTH CARE PROVISIONS

                    Subtitle A--Health Care Services

Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain 
           CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries 
           on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities 
           for active duty members stationed at certain remote 
           locations.
Sec. 707. Open enrollment demonstration program.

                       Subtitle B--TRICARE Program

Sec. 711. Expansion and revision of authority for dental programs for 
           dependents and reserves.
Sec. 712. Improvement of access to health care under the TRICARE 
           program.
Sec. 713. Improvements to claims processing under the TRICARE program.
Sec. 714. Authority to waive certain TRICARE deductibles.
Sec. 715. TRICARE beneficiary counseling and assistance coordinators.
Sec. 716. Improvement of TRICARE management; improvements to third-party 
           payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE 
           program.

                        Subtitle C--Other Matters

Sec. 721. Forensic pathology investigations by Armed Forces Medical 
           Examiner.
Sec. 722. Best value contracting.
Sec. 723. Health care quality information and technology enhancement.
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by 
           the Department of Defense and Department of Veterans Affairs.
Sec. 725. Program-year stability in health care benefits.
Sec. 726. Study on joint operations for the Defense Health Program.
Sec. 727. Trauma training center.
Sec. 728. Sense of Congress regarding automatic enrollment of medicare-
           eligible beneficiaries in the TRICARE Senior Prime 
           demonstration project.

[[Page 113 STAT. 677]]

                    Subtitle A--Health Care Services

SEC. 701. 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 
consulting 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 the 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) In considering the relative clinical effectiveness of agents 
under subparagraph (A), the Secretary shall presume inclusion in a 
therapeutic class of a pharmaceutical agent, unless the Pharmacy and 
Therapeutics Committee established under subsection (b) finds that a 
pharmaceutical agent does not have a significant, clinically meaningful 
therapeutic advantage in terms of safety, effectiveness, or clinical 
outcome over the other drugs included on the uniform formulary.
    ``(C) In considering the relative cost effectiveness of agents under 
subparagraph (A), the Secretary shall rely on the evaluation by the 
Pharmacy and Therapeutics Committee of the costs of agents in a 
therapeutic class in relation to the safety, effectiveness, and clinical 
outcomes of such agents.
    ``(D) <<NOTE: Procedures.>> The Secretary shall establish procedures 
for the selection of particular pharmaceutical agents for the uniform 
formulary. Such procedures shall be established so as best to 
accomplish, in the judgment of the Secretary, the objectives set forth 
in paragraph (1). No pharmaceutical agent may be excluded from the 
uniform formulary except upon the recommendation of the Pharmacy and 
Therapeutics Committee. <<NOTE: Deadline.>> The Secretary shall begin to 
implement the uniform formulary not later than October 1, 2000.

    ``(E) 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 
        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, where appropriate, agents not included on the uniform 
formulary described in paragraph (2).

[[Page 113 STAT. 678]]

    ``(4) The pharmacy benefits program may provide that prior 
authorization be required for certain pharmaceutical agents to assure 
that the use of such agents is clinically appropriate.
    ``(5) The pharmacy benefits program shall assure the availability to 
eligible covered beneficiaries of pharmaceutical agents not included on 
the uniform formulary. Such pharmaceutical agents shall be available 
through at least one of the means described in paragraph (2)(E) 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, as part of the regulations established under 
subsection (g), may establish cost sharing requirements (which may be 
established as a percentage or fixed dollar amount) under the pharmacy 
benefits program for generic, formulary, and nonformulary agents. For 
nonformulary agents, cost sharing shall be consistent with common 
industry practice and not in excess of amounts generally comparable to 
20 percent for beneficiaries covered by section 1079 of this title or 25 
percent for beneficiaries covered by section 1086 of this title.
    ``(7) <<NOTE: Procedures.>> The Secretary shall establish procedures 
for eligible covered beneficiaries to receive pharmaceutical agents not 
included on the uniform formulary, but, considered to be clinically 
necessary. 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. Such procedures shall also include an expeditious appeals 
process for an eligible covered beneficiary, or a network or uniformed 
provider on behalf of the beneficiary, to establish clinical 
justification for the use of a pharmaceutical agent that is not on the 
uniform formulary.

    ``(8) In carrying out this subsection, the Secretary shall ensure 
that an eligible covered beneficiary may continue to receive coverage 
for any maintenance pharmaceutical that is not on the uniform formulary 
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 Pharmacy 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. <<NOTE: Procedures.>> The committee shall function 
under procedures established by the Secretary under the regulations 
required by subsection (g).

[[Page 113 STAT. 679]]

    ``(2) <<NOTE: Deadline.>> Not later than 90 days after the 
establishment of the Pharmacy and Therapeutics Committee by the 
Secretary, the committee shall convene to design a proposed uniform 
formulary for submission to the Secretary. After such 90-day period, the 
committee shall meet at least quarterly and shall, during meetings, 
consider for inclusion on the uniform formulary under the standards 
established in subsection (a) any drugs newly approved by the Food and 
Drug Administration.

    ``(c) Advisory <<NOTE: Establishment.>> Panel.--(1) Concurrent with 
the establishment of the Pharmacy 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.--(1) 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.
    ``(2) <<NOTE: Deadline.>> Not later than 6 months after the date of 
the enactment of this section, the Secretary shall utilize a 
modification to the bid price adjustment methodology in the current 
managed care support contracts to ensure equitable and timely 
reimbursement to the TRICARE managed care support contractors for 
pharmaceutical products delivered in the nonmilitary environments. The 
methodology shall take into account the ``at-risk'' nature of the 
contracts as well as managed care support contractor pharmacy costs 
attributable to changes to pharmacy service or formulary management at 
military medical treatment facilities, and other military activities and 
policies that affect costs of pharmacy benefits provided through the 
Civilian Health and Medical Program of the Uniformed Services. The 
methodology shall also account for military treatment facility costs 
attributable to the delivery of pharmaceutical products in the military 
facility environment which were prescribed by a network provider.

    ``(e) Pharmacy <<NOTE: Deadline.>> 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 retail pharmacy program, and the national mail-order pharmacy 
program.

    ``(f) Definitions.--As used in this section--
            ``(1) the term `eligible covered beneficiary' means a 
        covered beneficiary for whom eligibility to receive pharmacy 
        benefits through the means described in subsection (a)(2)(E) is 
        established under this chapter or another provision of law; and
            ``(2) the term `pharmaceutical agent' means drugs, 
        biological products, and medical devices under the regulatory 
        authority of the Food and Drug Administration.

[[Page 113 STAT. 680]]

    ``(g) Regulations.--The Secretary of Defense shall, after 
consultation with the other administering Secretaries, promulgate 
regulations to carry out this section.''.
    (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 <<NOTE: 10 USC 1074g note.>> for Establishment of 
Committee.--Not later than 30 days after the date of the enactment of 
this Act, the Secretary shall establish the Pharmacy and Therapeutics 
Committee required by section 1074g(b) of title 10, United States Code.

    (c) Reports <<NOTE: Deadline. 10 USC 1074g note.>> 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 <<NOTE: 10 USC 1074g note. Deadline.>> 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. 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--

[[Page 113 STAT. 681]]

            (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 <<NOTE: Deadline.>> 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;

[[Page 113 STAT. 682]]

            ``(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. PROVISION <<NOTE: 10 USC 1077 note.>> 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.

    (3) 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.
    (b) Prohibition on Establishment of Limited Transition Period.--The 
Secretary of Defense shall not place a time limit on the period during 
which the custodial care exclusions of the Department of Defense may be 
waived as part of the case management program of the Department.
    (c) Survey of Case Management and Custodial Care Policies.--The 
Secretary of Defense shall conduct a survey of federally funded and 
State funded programs for the medical care and management of persons 
whose care is considered to be custodial in nature. The survey shall 
examine, but shall not be limited to--
            (1) a comparison of the case management program of the 
        Department of Defense with similar Federal and State programs; 
        and
            (2) a comparison between the case management program of the 
        Department of Defense and the case management and custodial care 
        coverage offered by at least 10 of the most subscribed private 
        health insurance plans in the Federal Employees Health Benefits 
        Program (at least 5 of which shall be managed care 
        organizations), as determined in consultation with the Office of 
        Personnel Management.

[[Page 113 STAT. 683]]

    (d) Report <<NOTE: Deadline.>> on Survey of Case Management and 
Custodial Care Policies.--Not later than March 31, 2000, the Secretary 
shall submit a report on the survey required by subsection (c) to 
Congress. The Secretary shall include in the report any recommendations 
for legislative changes that the Secretary determines necessary to 
facilitate the case management of the Department of Defense, and a plan 
for any regulatory changes determined necessary by the Secretary. Such 
plan shall include any regulatory provisions that the Secretary 
determines necessary to address equitably the unique needs of the family 
members of active duty military personnel and to ensure the full 
integration of the case management program of the Department of Defense 
with other available family support services activities.
SEC. 704. ENHANCEMENT OF DENTAL BENEFITS FOR RETIREES.

    Subsection (d) of section 1076c of title 10, United States Code, is 
amended to read as follows:
    ``(d) Benefits Available Under the Plan.--The dental insurance plan 
established under subsection (a) shall provide benefits for dental care 
and treatment which may be comparable to the benefits authorized under 
section 1076a of this title for plans established under that section and 
shall include diagnostic services, preventative services, endodontics 
and other basic restorative services, surgical services, and emergency 
services.''.
SEC. 705. MEDICAL AND DENTAL CARE FOR CERTAIN MEMBERS INCURRING 
                        INJURIES ON INACTIVE-DUTY TRAINING.

    (a) Order to Active Duty Authorized.--(1) Chapter 1209 of title 10, 
United States Code, is amended by adding at the end the following:

``Sec. 12322. Active duty for health care

    ``A member of a uniformed service described in paragraph (1)(B) or 
(2)(B) of section 1074a(a) of this title may be ordered to active duty, 
and a member of a uniformed service described in paragraph (1)(A) or 
(2)(A) of such section may be continued on active duty, for a period of 
more than 30 days while the member is being treated for (or recovering 
from) an injury, illness, or disease incurred or aggravated in the line 
of duty as described in any of such paragraphs.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following:

``12322. Active duty for health care.''.

    (b) Medical and Dental Care for Members.--Subsection (e) of section 
1074a of such title is amended to read as follows:
    ``(e)(1) A member of a uniformed service on active duty for health 
care or recuperation reasons, as described in paragraph (2), is entitled 
to medical and dental care on the same basis and to the same extent as 
members covered by section 1074(a) of this title while the member 
remains on active duty.
    ``(2) <<NOTE: Applicability.>> Paragraph (1) applies to a member 
described in paragraph (1) or (2) of subsection (a) who, while being 
treated for (or recovering from) an injury, illness, or disease incurred 
or aggravated in the line of duty, is continued on active duty pursuant 
to a modification or extension of orders, or is ordered to active duty, 
so as to result in active duty for a period of more than 30 days.''.

[[Page 113 STAT. 684]]

    (c) Medical and Dental Care for Dependents.--Subparagraph (D) of 
section 1076(a)(2) of such title is amended to read as follows:
            ``(D) A member on active duty who is entitled to benefits 
        under subsection (e) of section 1074a of this title by reason of 
        paragraph (1), (2), or (3) of subsection (a) of such section.''.
SEC. 706. HEALTH CARE AT FORMER UNIFORMED SERVICES TREATMENT 
                        FACILITIES FOR ACTIVE DUTY MEMBERS 
                        STATIONED AT CERTAIN REMOTE LOCATIONS.

    (a) Authority.--Health care may be furnished by a designated 
provider pursuant to any contract entered into by the designated 
provider under section 722(b) of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) to 
eligible members who reside within the service area of the designated 
provider.
    (b) Eligibility.--A member of the Armed Forces is eligible for 
health care under subsection (a) if the member is a member described in 
section 731(c) of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note).
    (c) Applicable Policies.--In furnishing health care to an eligible 
member under subsection (a), a designated provider shall adhere to the 
Department of Defense policies applicable to the furnishing of care 
under the TRICARE Prime Remote program, including coordinating with 
uniformed services medical authorities for hospitalizations and all 
referrals for specialty care.
    (d) Reimbursement Rates.--The Secretary of Defense, in consultation 
with the designated providers, shall prescribe reimbursement rates for 
care furnished to eligible members under subsection (a). The rates 
prescribed for health care may not exceed the amounts allowable under 
the TRICARE Standard plan for the same care.
SEC. 707. OPEN ENROLLMENT DEMONSTRATION PROGRAM.

    Section 724 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by adding 
at the end the following:
    ``(g) Open Enrollment Demonstration Program.--(1) The Secretary of 
Defense shall conduct a demonstration program under which covered 
beneficiaries shall be permitted to enroll at any time in a managed care 
plan offered by a designated provider consistent with the enrollment 
requirements for the TRICARE Prime option under the TRICARE program, but 
without regard to the limitation in subsection (b). The demonstration 
program under this subsection shall cover designated providers, selected 
by the Secretary of Defense, and the service areas of the designated 
providers.
    ``(2) <<NOTE: Effective date. Termination date.>> The demonstration 
program carried out under this section shall commence on October 1, 
1999, and end on September 30, 2001.

    ``(3) <<NOTE: Deadline. Reports.>> Not later than March 15, 2001, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
demonstration program carried out under this subsection. The report 
shall include, at a minimum, an evaluation of the benefits of the open 
enrollment opportunity to covered beneficiaries and a recommendation on 
whether to authorize open enrollments in the managed care plans of 
designated providers permanently.''.

[[Page 113 STAT. 685]]

                       Subtitle B--TRICARE Program

SEC. 711. EXPANSION AND REVISION OF AUTHORITY FOR DENTAL PROGRAMS 
                        FOR DEPENDENTS AND RESERVES.

    (a) Authority.--Chapter 55 of title 10, United States Code, is 
amended by striking sections 1076a and 1076b and inserting the 
following:

``Sec. 1076a. TRICARE dental program

    ``(a) Establishment of Dental Plans.--The Secretary of Defense may 
establish, and in the case of the dental plan described in paragraph (1) 
shall establish, the following voluntary enrollment dental plans:
            ``(1) Plan for selected reserve and individual ready 
        reserve.--A dental insurance plan for members of the Selected 
        Reserve of the Ready Reserve and for members of the Individual 
        Ready Reserve described in subsection 10144(b) of this title.
            ``(2) Plan for other reserves.--A dental insurance plan for 
        members of the Individual Ready Reserve not eligible to enroll 
        in the plan established under paragraph (1).
            ``(3) Plan for active duty dependents.--Dental benefits 
        plans for eligible dependents of members of the uniformed 
        services who are on active duty for a period of more than 30 
        days.
            ``(4) Plan for ready reserve dependents.--A dental benefits 
        plan for eligible dependents of members of the Ready Reserve of 
        the reserve components who are not on active duty for more than 
        30 days.

    ``(b) Administration of Plans.--The plans established under this 
section shall be administered under regulations prescribed by the 
Secretary of Defense in consultation with the other administering 
Secretaries.
    ``(c) Care Available Under Plans.--Dental plans established under 
subsection (a) may provide for the following dental care:
            ``(1) Diagnostic, oral examination, and preventive services 
        and palliative emergency care.
            ``(2) Basic restorative services of amalgam and composite 
        restorations, stainless steel crowns for primary teeth, and 
        dental appliance repairs.
            ``(3) Orthodontic services, crowns, gold fillings, bridges, 
        complete or partial dentures, and such other services as the 
        Secretary of Defense considers to be appropriate.

    ``(d) Premiums.--
            ``(1) Premium sharing plans.--(A) The dental insurance plan 
        established under subsection (a)(1) and the dental benefits 
        plans established under subsection (a)(3) are premium sharing 
        plans.
            ``(B) Members enrolled in a premium sharing plan for 
        themselves or for their dependents shall be required to pay a 
        share of the premium charged for the benefits provided under the 
        plan. The member's share of the premium charge may not exceed 
        $20 per month for the enrollment.
            ``(C) <<NOTE: Effective date.>> Effective as of January 1 of 
        each year, the amount of the premium required under subparagraph 
        (A) shall be increased by the percent equal to the lesser of--

[[Page 113 STAT. 686]]

                    ``(i) the percent by which the rates of basic pay of 
                members of the uniformed services are increased on such 
                date; or
                    ``(ii) the sum of one-half percent and the percent 
                computed under section 5303(a) of title 5 for the 
                increase in rates of basic pay for statutory pay systems 
                for pay periods beginning on or after such date.
            ``(D) The Secretary of Defense may reduce the monthly 
        premium required to be paid under paragraph (1) in the case of 
        enlisted members in pay grade E-1, E-2, E-3, or E-4 if the 
        Secretary determines that such a reduction is appropriate to 
        assist such members to participate in a dental plan referred to 
        in subparagraph (A).
            ``(2) Full premium plans.--(A) The dental insurance plan 
        established under subsection (a)(2) and the dental benefits plan 
        established under subsection (a)(4) are full premium plans.
            ``(B) Members enrolled in a full premium plan for themselves 
        or for their dependents shall be required to pay the entire 
        premium charged for the benefits provided under the plan.
            ``(3) Payment procedures.--A member's share of the premium 
        for a plan established under subsection (a) may be paid by 
        deductions from the basic pay of the member and from 
        compensation paid under section 206 of title 37, as the case may 
        be. The regulations prescribed under subsection (b) shall 
        specify the procedures for payment of the premiums by enrollees 
        who do not receive such pay.

    ``(e) Copayments Under Premium Sharing Plans.--A member or dependent 
who receives dental care under a premium sharing plan referred to in 
subsection (d)(1) shall--
            ``(1) in the case of care described in subsection (c)(1), 
        pay no charge for the care;
            ``(2) in the case of care described in subsection (c)(2), 
        pay 20 percent of the charges for the care; and
            ``(3) in the case of care described in subsection (c)(3), 
        pay a percentage of the charges for the care that is determined 
        appropriate by the Secretary of Defense, after consultation with 
        the other administering Secretaries.

    ``(f) Transfer of Members.--If a member whose dependents are 
enrolled in the plan established under subsection (a)(3) is transferred 
to a duty station where dental care is provided to the member's eligible 
dependents under a program other than that plan, the member may 
discontinue participation under the plan. If the member is later 
transferred to a duty station where dental care is not provided to such 
member's eligible dependents except under the plan established under 
subsection (a)(3), the member may re-enroll the dependents in that plan.
    ``(g) Care Outside the United States.--The Secretary of Defense may 
exercise the authority provided under subsection (a) to establish dental 
insurance plans and dental benefits plans for dental benefits provided 
outside the United States for the eligible members and dependents of 
members of the uniformed services. In the case of such an overseas 
dental plan, the Secretary may waive or reduce any copayments required 
by subsection (e) to the extent the Secretary determines appropriate for 
the effective and efficient operation of the plan.

[[Page 113 STAT. 687]]

    ``(h) Waiver of Requirements for Surviving Dependents.--The 
Secretary of Defense may waive (in whole or in part) any requirements of 
a dental plan established under this section as the Secretary determines 
necessary for the effective administration of the plan for a dependent 
who is an eligible dependent described in subsection (k)(2).
    ``(i) Authority Subject to Appropriations.--The authority of the 
Secretary of Defense to enter into a contract under this section for any 
fiscal year is subject to the availability of appropriations for that 
purpose.
    ``(j) Limitation on Reduction of Benefits.--The Secretary of Defense 
may not reduce benefits provided under a plan established under this 
section until--
            ``(1) <<NOTE: Notice.>> the Secretary provides notice of the 
        Secretary's intent to reduce such benefits to the Committees on 
        Armed Services of the Senate and the House of Representatives; 
        and
            ``(2) one year has elapsed following the date of such 
        notice.

    ``(k) Eligible Dependent Defined.--In this section, the term 
`eligible dependent'--
            ``(1) means a dependent described in subparagraph (A), (D), 
        or (I) of section 1072(2) of this title; and
            ``(2) includes any such dependent of a member who dies while 
        on active duty for a period of more than 30 days or a member of 
        the Ready Reserve if the dependent is enrolled on the date of 
        the death of the member in a dental benefits plan established 
        under subsection (a), except that the term does not include the 
        dependent after the end of the one-year period beginning on the 
        date of the member's death.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of such title is amended by striking out the items relating 
to sections 1076a and 1076b and inserting the following:

``1076a. TRICARE dental program.''.

SEC. 712. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE 
                        PROGRAM.

    (a) Access.--The <<NOTE: 10 USC 1073 note.>> Secretary of Defense 
shall, to the maximum extent practicable, minimize the authorization and 
certification requirements imposed on covered beneficiaries under the 
TRICARE program as a condition of access to benefits under that program.

    (b) Report <<NOTE: Deadline. 10 USC 1073 note.>> on Initiatives To 
Improve Access.--Not later than March 31, 2000, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on specific actions taken to--
            (1) reduce the requirements for preauthorization for care 
        under the TRICARE program;
            (2) reduce the requirements for beneficiaries to obtain 
        preventive services, such as obstetric or gynecologic 
        examinations, mammograms for females over 35 years of age, and 
        urological examinations for males over the age of 60 without 
        preauthorization; and
            (3) reduce the requirements for statements of 
        nonavailability of services.

    (c) Requirement to Provide Statement.--Section 1080(b) of title 10, 
United States Code, is amended by adding at the end the following new 
sentence: ``Notwithstanding any other provision

[[Page 113 STAT. 688]]

of law, with respect to obstetrics and gynecological care for 
beneficiaries not enrolled in a managed care plan offered pursuant to 
any contract or agreement under this chapter, a nonavailability-of-
health-care statement shall be required for receipt of health care 
services related to outpatient prenatal, outpatient or inpatient 
delivery, and outpatient post-partum care subsequent to the visit which 
confirms the pregnancy.''.
SEC. 713. 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 clean 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 clean 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 (commonly 
referred to as the `Prompt Payment Act'), require that interest be paid 
on clean claims that are not processed within 30 days.
    ``(3) For purposes of this subsection, the term `clean claim' means 
a claim that has no defect, impropriety (including a lack of any 
required substantiating documentation), or particular circumstance 
requiring special treatment that prevents timely payment on the claim 
under this section.
    ``(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.

    ``(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

[[Page 113 STAT. 689]]

permitted to provide financial incentives to health care providers who 
file claims for payment electronically.''.
    (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 <<NOTE: Deadline.>> 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 <<NOTE: 10 USC 1095c note.>> 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 <<NOTE: 10 USC 1095c note.>> 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. 714. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1095c (as added by section 713) 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 in 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.''.

[[Page 113 STAT. 690]]

SEC. 715. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE 
                        COORDINATORS.

    (a) Establishment of Positions.--(1) Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1095d (as added by 
section 714) the following new section:
``Sec. 1095e. TRICARE program: beneficiary counseling and 
                    assistance coordinators

    ``(a) Establishment <<NOTE: Regulations.>> of Positions.--The 
Secretary of Defense shall require in regulations that--
            ``(1) each lead agent under the TRICARE program--
                    ``(A) designate a person to serve full-time as a 
                beneficiary counseling and assistance coordinator for 
                beneficiaries under the TRICARE program; and
                    ``(B) provide for toll-free telephone communication 
                between such beneficiaries and the beneficiary 
                counseling and assistance coordinator; and
            ``(2) the commander of each military medical treatment 
        facility under this chapter designate a person to serve, as a 
        primary or collateral duty, as beneficiary counseling and 
        assistance coordinator for beneficiaries under the TRICARE 
        program served at that facility.

    ``(b) Duties.--The Secretary shall prescribe the duties of the 
position of beneficiary counseling and assistance coordinator in the 
regulations required by subsection (a).''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1095d the 
following new item:

``1095e. TRICARE program: beneficiary counseling and assistance 
              coordinators.''.

    (b) Deadline <<NOTE: 10 USC 1095e note.>> for Initial 
Designations.--Each beneficiary counseling and assistance coordinator 
required under the regulations described in section 1095e(a) of title 
10, United States Code (as added by subsection (a)), shall be designated 
not later than January 15, 2000.
SEC. 716. IMPROVEMENT OF TRICARE MANAGEMENT; IMPROVEMENTS TO 
                        THIRD-PARTY PAYER COLLECTION PROGRAM.

    (a) Improvement of TRICARE Program.--(1) Chapter 55 of title 10, 
United States Code, is amended by inserting after section 1097a the 
following new section:

``Sec. 1097b. TRICARE program: financial management

    ``(a) Reimbursement of Providers.--(1) Subject to paragraph (2), the 
Secretary of Defense may reimburse health care providers under the 
TRICARE program at rates higher than the reimbursement rates otherwise 
authorized for the providers under that program if the Secretary 
determines that application of the higher rates is necessary in order to 
ensure the availability of an adequate number of qualified health care 
providers under that program.
    ``(2) The amount of reimbursement provided under paragraph (1) with 
respect to a health care service may not exceed the lesser of the 
following:
            ``(A) The amount equal to the local fee for service charge 
        for the service in the service area in which the service is 
        provided as determined by the Secretary based on one or more of 
        the following payment rates:
                    ``(i) Usual, customary, and reasonable.

[[Page 113 STAT. 691]]

                    ``(ii) The Health Care Finance Administration's 
                Resource Based Relative Value Scale.
                    ``(iii) Negotiated fee schedules.
                    ``(iv) Global fees.
                    ``(v) Sliding scale individual fee allowances.
            ``(B) The amount equal to 115 percent of the CHAMPUS maximum 
        allowable charge for the service.

    ``(b) Third-Party Collections.--(1) A medical treatment facility of 
the uniformed services under the TRICARE program has the same right as 
the United States under section 1095 of this title to collect from a 
third-party payer the reasonable charges for health care services 
described in paragraph (2) that are incurred by the facility on behalf 
of a covered beneficiary under that program.
    ``(2) <<NOTE: Regulations.>> The Secretary of Defense shall 
prescribe regulations for the administration of this subsection. The 
regulations shall set forth the method to be used for the computation of 
the reasonable charges for inpatient, outpatient, and other health care 
services. The method of computation may be--
            ``(A) a method that is based on--
                    ``(i) per diem rates;
                    ``(ii) all-inclusive rates for each visit;
                    ``(iii) diagnosis-related groups; or
                    ``(iv) rates prescribed under the regulations 
                implementing sections 1079 and 1086 of this title; or
            ``(B) any other method considered appropriate.

    ``(c) Consultation Requirement.--The Secretary of Defense shall 
carry out the responsibilities under this section after consultation 
with the other administering Secretaries.''.
    (2) The table of sections at the beginning of chapter 55 of such 
title is amended by inserting after the item relating to section 1097a 
the following new item:
``1097b. TRICARE program: financial management.''.

    (b) Report <<NOTE: Deadline. 10 USC 1097b note.>> on 
Implementation.--(1) Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the other administering Secretaries, shall submit to Congress a report 
assessing the effects of the implementation of the requirements and 
authorities set forth in sections 1097b of title 10, United States Code 
(as added by subsection (a)).

    (2) The report shall include the following:
            (A) An assessment of the cost of the implementation of such 
        requirements and authorities.
            (B) An assessment of whether the implementation of any such 
        requirements and authorities will result in the utilization by 
        the TRICARE program of the best industry practices with respect 
        to the matters covered by such requirements and authorities.

    (3) In this subsection, the term ``administering Secretaries'' has 
the meaning given that term in section 1072(3) of title 10, United 
States Code.
    (c) Improvement to Third-Party Collection Program.--(1) Section 1095 
of title 10, United States Code, is amended--
            (A) in subsection (a)(1)--
                    (i) by striking ``the reasonable costs of'' and 
                inserting ``reasonable charges for'';
                    (ii) by striking ``such costs'' and inserting ``such 
                charges''; and

[[Page 113 STAT. 692]]

                    (iii) by striking ``the reasonable cost of'' and 
                inserting ``a reasonable charge for'';
            (B) in subsection (g), by striking ``the costs of''; and
            (C) 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.''.

    (2) Section 1095b(b) of title 10, United States Code, is amended by 
striking the first and second sentences after the heading and inserting 
the following: ``The United States shall have the same right to collect 
charges related to claims described in subsection (a) as charges for 
claims under section 1095 of this title.''.
    (d) Effective <<NOTE: 10 USC 1097b note.>> Date.--The amendments 
made by subsection (a) shall take effect one year after the date of the 
enactment of this Act.
SEC. 717. COMPARATIVE REPORT ON HEALTH CARE COVERAGE UNDER THE 
                        TRICARE PROGRAM.

    Not <<NOTE: Deadline.>> later than March 31, 2000, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report including a comparison of 
health care coverage available through the TRICARE program with the 
coverage available under similar health benefits plans offered under the 
Federal Employees Health Benefits program established under chapter 89 
of title 5, United States Code. Such comparison shall include, but not 
be limited to, a comparison of cost sharing requirements, overall costs 
to beneficiaries, covered benefits, and exclusions from coverage.

                        Subtitle C--Other Matters

SEC. 721. FORENSIC PATHOLOGY INVESTIGATIONS BY ARMED FORCES 
                        MEDICAL EXAMINER.

    (a) Investigation Authority.--Chapter 75 of title 10, United States 
Code, is amended by striking the heading for the chapter and inserting 
the following:

                    ``CHAPTER 75--DECEASED PERSONNEL

``Subchapter                                                        Sec.
``I. Death Investigations.........................................  1471
``II. Death Benefits..............................................  1475

                  ``SUBCHAPTER I--DEATH INVESTIGATIONS

``Sec.
``1471. Forensic pathology investigations.

``Sec. 1471. Forensic pathology investigations

    ``(a) Authority.--Under <<NOTE: Regulations.>> regulations 
prescribed by the Secretary of Defense, the Armed Forces Medical 
Examiner may conduct a forensic pathology investigation to determine the 
cause or manner of death of a deceased person if such an investigation 
is determined

[[Page 113 STAT. 693]]

to be justified under circumstances described in subsection (b). The 
investigation may include an autopsy of the decedent's remains.

    ``(b) Basis for Investigation.--(1) A forensic pathology 
investigation of a death under this section is justified if at least one 
of the circumstances in paragraph (2) and one of the circumstances in 
paragraph (3) exist.
    ``(2) A circumstance under this paragraph is a circumstance under 
which--
            ``(A) it appears that the decedent was killed or that, 
        whatever the cause of the decedent's death, the cause was 
        unnatural;
            ``(B) the cause or manner of death is unknown;
            ``(C) there is reasonable suspicion that the death was by 
        unlawful means;
            ``(D) it appears that the death resulted from an infectious 
        disease or from the effects of a hazardous material that may 
        have an adverse effect on the military installation or community 
        involved; or
            ``(E) the identity of the decedent is unknown.

    ``(3) A circumstance under this paragraph is a circumstance under 
which--
            ``(A) the decedent--
                    ``(i) was found dead or died at an installation 
                garrisoned by units of the armed forces that is under 
                the exclusive jurisdiction of the United States;
                    ``(ii) was a member of the armed forces on active 
                duty or inactive duty for training;
                    ``(iii) was recently retired under chapter 61 of 
                this title as a result of an injury or illness incurred 
                while a member on active duty or inactive duty for 
                training; or
                    ``(iv) was a civilian dependent of a member of the 
                armed forces and was found dead or died outside the 
                United States;
            ``(B) in any other authorized Department of Defense 
        investigation of matters which involves the death, a factual 
        determination of the cause or manner of the death is necessary; 
        or
            ``(C) in any other authorized investigation being conducted 
        by the Federal Bureau of Investigation, the National 
        Transportation Safety Board, or any other Federal agency, an 
        authorized official of such agency with authority to direct a 
        forensic pathology investigation requests that the Armed Forces 
        Medical Examiner conduct such an investigation.

    ``(c) Determination of Justification.--(1) Subject to paragraph (2), 
the determination that a circumstance exists under paragraph (2) of 
subsection (b) shall be made by the Armed Forces Medical Examiner.
    ``(2) A commander may make the determination that a circumstance 
exists under paragraph (2) of subsection (b) and require a forensic 
pathology investigation under this section without regard to a 
determination made by the Armed Forces Medical Examiner if--
            ``(A) in a case involving circumstances described in 
        paragraph (3)(A)(i) of that subsection, the commander is the 
        commander of the installation where the decedent was found dead 
        or died; or

[[Page 113 STAT. 694]]

            ``(B) in a case involving circumstances described in 
        paragraph (3)(A)(ii) of that subsection, the commander is the 
        commander of the decedent's unit at a level in the chain of 
        command designated for such purpose in the regulations 
        prescribed by the Secretary of Defense.

    ``(d) Limitation in Concurrent Jurisdiction Cases.--(1) The exercise 
of authority under this section is subject to the exercise of primary 
jurisdiction for the investigation of a death--
            ``(A) in the case of a death in a State, by the State or a 
        local government of the State; or
            ``(B) in the case of a death in a foreign country, by that 
        foreign country under any applicable treaty, status of forces 
        agreement, or other international agreement between the United 
        States and that foreign country.

    ``(2) Paragraph (1) does not limit the authority of the Armed Forces 
Medical Examiner to conduct a forensic pathology investigation of a 
death that is subject to the exercise of primary jurisdiction by another 
sovereign if the investigation by the other sovereign is concluded 
without a forensic pathology investigation that the Armed Forces Medical 
Examiner considers complete. For the purposes of the preceding sentence 
a forensic pathology investigation is incomplete if the investigation 
does not include an autopsy of the decedent.
    ``(e) Procedures.--For a forensic pathology investigation under this 
section, the Armed Forces Medical Examiner shall--
            ``(1) designate one or more qualified pathologists to 
        conduct the investigation;
            ``(2) to the extent practicable and consistent with 
        responsibilities under this section, give due regard to any 
        applicable law protecting religious beliefs;
            ``(3) as soon as practicable, notify the decedent's family, 
        if known, that the forensic pathology investigation is being 
        conducted;
            ``(4) as soon as practicable after the completion of the 
        investigation, authorize release of the decedent's remains to 
        the family, if known; and
            ``(5) promptly report the results of the forensic pathology 
        investigation to the official responsible for the overall 
        investigation of the death.

    ``(f) Definition of State.--In this section, the term `State' 
includes the District of Columbia, the Commonwealth of Puerto Rico, and 
Guam.''.
    (b) Repeal of Authority for Existing Inquest Procedures.--Sections 
4711 and 9711 of title 10, United States Code, are repealed.
    (c) Technical and Clerical Amendments.--(1) Chapter 75 of such 
title, as amended by subsection (a), is further amended by inserting 
before section 1475 the following:

                   ``SUBCHAPTER II--DEATH BENEFITS''.

    (2) The item relating to chapter 75 in the tables of chapters at the 
beginning of subtitle A of such title and at the beginning of part II of 
such subtitle is amended to read as follows:

``75. Deceased Personnel.........................................1471''.

    (3) The table of sections at the beginning of chapter 445 of such 
title is amended by striking the item relating to section 4711.

[[Page 113 STAT. 695]]

    (4) The table of sections at the beginning of chapter 945 of such 
title is amended by striking the item relating to section 9711.
    (5) The heading for chapter 445 of such title is amended to read as 
follows:

  ``CHAPTER 445--DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED 
                                FLAGS''.

    (6) The heading for chapter 945 of such title is amended to read as 
follows:

      ``CHAPTER 945--DISPOSITION OF EFFECTS OF DECEASED PERSONS''.

    (7) The item relating to chapter 445 in the tables of chapters at 
the beginning of subtitle B of such title and at the beginning of part 
IV of such subtitle is amended to read as follows:

``445. Disposition of Effects of Deceased Persons; Captured Flags4712''.

    (8) The item relating to chapter 945 in the tables of chapters at 
the beginning of subtitle D of such title and at the beginning of part 
IV of such subtitle is amended to read as follows:

``945. Disposition of Effects of Deceased Persons................9712''.

SEC. 722. BEST VALUE CONTRACTING.

    (a) Authority.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1073 the following:

``Sec. 1073a. Contracts for health care: best value contracting

    ``(a) Authority.--Under <<NOTE: Regulations.>> regulations 
prescribed by the administering Secretaries, health care contracts shall 
be awarded in the administration of this chapter to the offeror or 
offerors that will provide the best value to the United States to the 
maximum extent consistent with furnishing high-quality health care in a 
manner that protects the fiscal and other interests of the United 
States.

    ``(b) Factors Considered.--In the determination of best value under 
subsection (a)--
            ``(1) consideration shall be given to the factors specified 
        in the regulations; and
            ``(2) greater weight shall be accorded to technical and 
        performance-related factors than to cost and price-related 
        factors.

    ``(c) Applicability.--The authority under the regulations prescribed 
under subsection (a) shall apply to any contract in excess of 
$5,000,000.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1073 the following:
``1073a. Contracts for health care: best value contracting.''.
SEC. 723. HEALTH <<NOTE: 10 USC 1071 note.>> CARE QUALITY 
                        INFORMATION AND TECHNOLOGY ENHANCEMENT.

    (a) Purpose.--The purpose of this section is to ensure that the 
Department of Defense addresses issues of medical quality surveillance 
and implements solutions for those issues in a timely manner that is 
consistent with national policy and industry standards.

[[Page 113 STAT. 696]]

    (b) Department of Defense Program for Medical Informatics and 
Data.--The Secretary of Defense shall establish a Department of Defense 
program, the purposes of which shall be the following:
            (1) To develop parameters for assessing the quality of 
        health care information.
            (2) To develop the defense digital patient record.
            (3) To develop a repository for data on quality of health 
        care.
            (4) To develop capability for conducting research on quality 
        of health care.
            (5) To conduct research on matters of quality of health 
        care.
            (6) To develop decision support tools for health care 
        providers.
            (7) To refine medical performance report cards.
            (8) To conduct educational programs on medical informatics 
        to meet identified needs.

    (c) Automation and Capture of Clinical Data.--(1) Through the 
program established under subsection (b), the Secretary of Defense shall 
accelerate the efforts of the Department of Defense to automate, 
capture, and exchange controlled clinical data and present providers 
with clinical guidance using a personal information carrier, clinical 
lexicon, or digital patient record.
    (2) The program shall serve as a primary resource for the Department 
of Defense for matters concerning the capture, processing, and 
dissemination of data on health care quality.
    (d) Medical <<NOTE: Establishment.>> Informatics Advisory 
Committee.--(1) The Secretary of Defense shall establish a Medical 
Informatics Advisory Committee (hereinafter referred to as the 
``Committee''), the members of which shall be the following:
            (A) The Assistant Secretary of Defense for Health Affairs.
            (B) The Director of the TRICARE Management Activity of the 
        Department of Defense.
            (C) The Surgeon General of the Army.
            (D) The Surgeon General of the Navy.
            (E) The Surgeon General of the Air Force.
            (F) Representatives of the Department of Veterans Affairs, 
        designated by the Secretary of Veterans Affairs.
            (G) Representatives of the Department of Health and Human 
        Services, designated by the Secretary of Health and Human 
        Services.
            (H) Any additional members appointed by the Secretary of 
        Defense to represent health care insurers and managed care 
        organizations, academic health institutions, health care 
        providers (including representatives of physicians and 
        representatives of hospitals), and accreditors of health care 
        plans and organizations.

    (2) The primary mission of the Committee shall be to advise the 
Secretary on the development, deployment, and maintenance of health care 
informatics systems that allow for the collection, exchange, and 
processing of health care quality information for the Department of 
Defense in coordination with other Federal departments and agencies and 
with the private sector.
    (3) Specific areas of responsibility of the Committee shall include 
advising the Secretary on the following:

[[Page 113 STAT. 697]]

            (A) The ability of the medical informatics systems at the 
        Department of Defense and Department of Veterans Affairs to 
        monitor, evaluate, and improve the quality of care provided to 
        beneficiaries.
            (B) The coordination of key components of medical 
        informatics systems, including digital patient records, both 
        within the Federal Government and between the Federal Government 
        and the private sector.
            (C) The development of operational capabilities for 
        executive information systems and clinical decision support 
        systems within the Department of Defense and Department of 
        Veterans Affairs.
            (D) Standardization of processes used to collect, evaluate, 
        and disseminate health care quality information.
            (E) Refinement of methodologies by which the quality of 
        health care provided within the Department of Defense and 
        Department of Veterans Affairs is evaluated.
            (F) Protecting the confidentiality of personal health 
        information.

    (4) The Assistant Secretary of Defense for Health Affairs shall 
consult with the Committee on the issues described in paragraph (3).
    (5) The Secretary of Defense shall submit to Congress an annual 
report on the activities of the Committee and on the coordination of 
development, deployment, and maintenance of health care informatics 
systems within the Federal Government, and between the Federal 
Government and the private sector.
    (6) Members of the Committee shall not be paid by reason of their 
service on the Committee.
    (7) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Committee.
    (e) Annual Report.--The Assistant Secretary of Defense for Health 
Affairs shall submit to Congress on an annual basis a report on the 
quality of health care furnished under the health care programs of the 
Department of Defense. The report shall cover the most recent fiscal 
year ending before the date the report is submitted and shall contain a 
discussion of the quality of the health care measured on the basis of 
each statistical and customer satisfaction factor that the Assistant 
Secretary determines appropriate, including, at a minimum, a discussion 
of the following:
            (1) Health outcomes.
            (2) The extent of use of health report cards.
            (3) The extent of use of standard clinical pathways.
            (4) The extent of use of innovative processes for 
        surveillance.
SEC. 724. JOINT <<NOTE: 10 USC 1092 note.>> TELEMEDICINE AND 
                        TELEPHARMACY DEMONSTRATION PROJECTS BY THE 
                        DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) In General.--The Secretary of Defense and the Secretary of 
Veterans Affairs may carry out joint demonstration projects for purposes 
of evaluating the feasibility and practicability of using 
telecommunications to provide health care services and pharmacy 
services.
    (b) Services To Be Provided.--The services provided under the 
demonstration projects may include the following:
            (1) Radiology and imaging services.

[[Page 113 STAT. 698]]

            (2) Diagnostic services.
            (3) Referral services.
            (4) Clinical pharmacy services.
            (5) Any other health care services or pharmacy services 
        designated by the Secretaries.

    (c) Selection of Locations.--(1) The Secretaries may carry out the 
demonstration projects described in subsection (a) at not more than five 
locations selected by the Secretaries from locations in which are 
located both a uniformed services treatment facility and a Department of 
Veterans Affairs medical center that are affiliated with academic 
institutions having a demonstrated expertise in the provision of health 
care services or pharmacy services by means of telecommunications.
    (2) Representatives of a facility and medical center selected under 
paragraph (1) shall, to the maximum extent practicable, carry out the 
demonstration project in consultation with representatives of the 
academic institution or institutions with which affiliated.
    (d) Period of Demonstration Projects.--The Secretaries may carry out 
the demonstration projects during the three-year period beginning on 
October 1, 1999.
    (e) Report.--Not <<NOTE: Deadline.>> later than December 31, 2002, 
the Secretaries shall jointly submit to Congress a report on the 
demonstration projects. The report shall include--
            (1) a description of each demonstration project; and
            (2) an evaluation, based on the demonstration projects, of 
        the feasibility and practicability of using telecommunications 
        to provide health care services and pharmacy services, including 
        the provision of such services to field hospitals of the Armed 
        Forces and to Department of Veterans Affairs outpatient health 
        care clinics.
SEC. 725. PROGRAM-YEAR STABILITY IN HEALTH CARE BENEFITS.

    Section 1073 of title 10, United States Code, is amended--
            (1) by inserting ``(a) Responsible Officials.--'' at the 
        beginning of the text of the section; and
            (2) by adding at the end the following:

    ``(b) Stability in Program of Benefits.--The Secretary of Defense 
shall, to the maximum extent practicable, provide a stable program of 
benefits under this chapter throughout each fiscal year. To achieve the 
stability in the case of managed care support contracts entered into 
under this chapter, the contracts shall be administered so as to 
implement all changes in benefits and administration on a quarterly 
basis. However, the Secretary of Defense may implement any such change 
prior to the next fiscal quarter if the Secretary determines that the 
change would significantly improve the provision of care to eligible 
beneficiaries under this chapter.''.
SEC. 726. STUDY ON JOINT OPERATIONS FOR THE DEFENSE HEALTH 
                        PROGRAM.

    Not <<NOTE: Deadline.>> 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--

[[Page 113 STAT. 699]]

            (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.

SEC. 727. TRAUMA TRAINING CENTER.

    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. 728. SENSE OF CONGRESS REGARDING AUTOMATIC ENROLLMENT OF 
                        MEDICARE-ELIGIBLE BENEFICIARIES IN THE 
                        TRICARE SENIOR PRIME DEMONSTRATION 
                        PROJECT.

    It is the sense of Congress that--
            (1) any person who is enrolled in a managed health care 
        program of the Department of Defense at a location at which the 
        medicare subvention demonstration project for military retirees 
        conducted under section 1896 of the Social Security Act (42 
        U.S.C. 1395ggg) is implemented, and who attains eligibility for 
        medicare, should be automatically authorized to enroll in such 
        demonstration project; and
            (2) the Secretary of Defense, in coordination with the other 
        administering Secretaries described in section 1072(3) of title 
        10, United States Code, should modify existing policies and 
        procedures for such demonstration project as necessary to permit 
        such automatic enrollment.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

 Subtitle A--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect 
                    to associated services.
Sec. 806. Use of special simplified procedures for purchases of 
                    commercial items in excess of the simplified 
                    acquisition threshold.
Sec. 807. Repeal of termination of provision of credit towards 
                    subcontracting goals for purchases benefiting 
                    severely handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain 
                    institutions of higher education.
Sec. 809. Required reports for certain multiyear contracts.

                        Subtitle B--Other Matters

Sec. 811. Mentor-Protege Program improvements.
Sec. 812. Program to increase business innovation in defense acquisition 
                    programs.

[[Page 113 STAT. 700]]

Sec. 813. Incentives to produce innovative new technologies.
Sec. 814. Pilot program for commercial services.
Sec. 815. Expansion of applicability of requirement to make certain 
                    procurements from small arms production industrial 
                    base.
Sec. 816. Compliance with existing law regarding purchases of equipment 
                    and products.
Sec. 817. Extension of test program for negotiation of comprehensive 
                    small business subcontracting plans.
Sec. 818. Extension of interim reporting rule for certain procurements 
                    less than $100,000.
Sec. 819. Inspector General review of compliance with Buy American Act 
                    in purchases of strength training equipment.
Sec. 820. Report on options for accelerated acquisition of precision 
                    munitions.
Sec. 821. Technical amendment to prohibition on release of contractor 
                    proposals under the Freedom of Information Act.

 Subtitle A--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

SEC. 801. AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.

    Section 845 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1721; 10 U.S.C. 2371 note) is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:

    ``(c) Comptroller <<NOTE: Contracts.>> General Review.--(1) Each 
agreement entered into by an official referred to in subsection (a) to 
carry out a project under that subsection that provides for payments in 
a total amount in excess of $5,000,000 shall include a clause that 
provides for the Comptroller General, in the discretion of the 
Comptroller General, to examine the records of any party to the 
agreement or any entity that participates in the performance of the 
agreement.

    ``(2) The requirement in paragraph (1) shall not apply with respect 
to a party or entity, or a subordinate element of a party or entity, 
that has not entered into any other agreement that provides for audit 
access by a Government entity in the year prior to the date of the 
agreement.
    ``(3) The head of the contracting activity that is carrying out the 
agreement may waive the applicability of the requirement in paragraph 
(1) to the agreement if the head of the contracting activity determines 
that it would not be in the public interest to apply the requirement to 
the agreement. The waiver shall be effective with respect to the 
agreement only if the head of the contracting activity transmits a 
notification of the waiver to Congress and the Comptroller General 
before entering into the agreement. The notification shall include the 
rationale for the determination.
    ``(4) The Comptroller General may not examine records pursuant to a 
clause included in an agreement under paragraph (1) more than three 
years after the final payment is made by the United States under the 
agreement.''.

[[Page 113 STAT. 701]]

SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING STANDARDS.

    (a) Applicability.--Paragraph (2)(B) of section 26(f) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 422(f)(2)(B)) is amended by 
adding at the end the following new clauses:
            ``(iii) Firm, fixed-price contracts or subcontracts awarded 
        on the basis of adequate price competition without submission of 
        certified cost or pricing data.
            ``(iv) A contract or subcontract with a value of less than 
        $7,500,000 if, at the time the contract or subcontract is 
        entered into, the segment of the contractor or subcontractor 
        that will perform the work has not been awarded at least one 
        contract or subcontract with a value of more than $7,500,000 
        that is covered by the cost accounting standards.''.

    (b) Waiver.--Section 26(f) of that Act is further amended by adding 
at the end the following:
    ``(5)(A) The head of an executive agency may waive the applicability 
of the cost accounting standards for a contract or subcontract with a 
value less than $15,000,000 if that official determines in writing that 
the segment of the contractor or subcontractor that will perform the 
work--
            ``(i) is primarily engaged in the sale of commercial items; 
        and
            ``(ii) would not otherwise be subject to the cost accounting 
        standards under this section, as in effect on or after the 
        effective date of this paragraph.

    ``(B) The head of an executive agency may also waive the 
applicability of the cost accounting standards for a contract or 
subcontract under exceptional circumstances when necessary to meet the 
needs of the agency. A determination to waive the applicability of the 
cost accounting standards under this subparagraph shall be set forth in 
writing and shall include a statement of the circumstances justifying 
the waiver.
    ``(C) The head of an executive agency may not delegate the authority 
under subparagraph (A) or (B) to any official in the executive agency 
below the senior policymaking level in the executive agency.
    ``(D) The Federal Acquisition Regulation shall include the 
following:
            ``(i) Criteria for selecting an official to be delegated 
        authority to grant waivers under subparagraph (A) or (B).
            ``(ii) The specific circumstances under which such a waiver 
        may be granted.

    ``(E) The head of each executive agency shall report the waivers 
granted under subparagraphs (A) and (B) for that agency to the Board on 
an annual basis.''.
    (c) Regulation <<NOTE: 41 USC 422 note.>> on Types of CAS 
Coverage.--(1) The Administrator for Federal Procurement Policy shall 
revise the rules and procedures prescribed pursuant to section 26(f) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) to the 
extent necessary to increase the thresholds established in section 
9903.201-2 of title 48 of the Code of Federal Regulations from 
$25,000,000 to $50,000,000.

    (2) Paragraph (1) requires only a change of the statement of a 
threshold condition in the regulation referred to by section number in 
that paragraph, and shall not be construed as--
            (A) a ratification or expression of approval of--

[[Page 113 STAT. 702]]

                    (i) any aspect of the regulation; or
                    (ii) the manner in which section 26 of the Office of 
                Federal Procurement Policy Act is administered through 
                the regulation; or
            (B) a requirement to apply the regulation.

    (d) Implementation.--The <<NOTE: 41 USC 422 note.>> Administrator 
for Federal Procurement Policy shall ensure that this section and the 
amendments made by this section are implemented in a manner that ensures 
that the Federal Government can recover costs, as appropriate, in a case 
in which noncompliance with cost accounting standards, or a change in 
the cost accounting system of a contractor segment or subcontractor 
segment that is not determined to be desirable by the Federal 
Government, results in a shift of costs from contracts that are not 
covered by the cost accounting standards to contracts that are covered 
by the cost accounting standards.

    (e) Implementation <<NOTE: 41 USC 422 note.>> of Requirements for 
Revision of Regulations.--(1) Final regulations required by subsection 
(c) shall be issued not later than 180 days after the date of the 
enactment of this Act.

    (2) Subsection (c) shall cease to be effective one year after the 
date on which final regulations issued in accordance with that 
subsection take effect.
    (f) Study of Types of CAS Coverage.--The Administrator for Federal 
Procurement Policy shall review the various categories of coverage of 
contracts for applying cost accounting standards and, not later than the 
date on which the President submits to Congress the budget for fiscal 
year 2001 under section 1105(a) of title 31, United States Code, submit 
to Congress a report on the results of the review. The report shall 
include an analysis of the matters reviewed and any recommendations that 
the Administrator considers appropriate regarding such matters.
    (g) Inapplicability <<NOTE: 41 USC 422 note.>> of Standards to 
Certain Contracts.--The cost accounting standards issued pursuant to 
section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 
422(f)), as amended by this section, shall not apply during fiscal year 
2000 with respect to a contract entered into under the authority 
provided in chapter 89 of title 5, United States Code (relating to 
health benefits for Federal employees).

    (h) Construction <<NOTE: 41 USC 422 note.>> Regarding Certain Not-
For-Profit Entities.--The amendments made by subsections (a) and (b) 
shall not be construed as modifying or superseding, nor as intended to 
impair or restrict, the applicability of the cost accounting standards 
described in section 26(f) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 422(f)) to--
            (1) any educational institution or federally funded research 
        and development center that is associated with an educational 
        institution in accordance with Office of Management and Budget 
        Circular A-21, as in effect on January 1, 1999; or
            (2) any contract with a nonprofit entity that provides 
        research and development and related products or services to the 
        Department of Defense.

    (i) Effective <<NOTE: 41 USC 422 note.>> Date.--The amendments made 
by subsections (a) and (b) shall take effect 180 days after the date of 
enactment of this Act, and shall apply with respect to--
            (1) contracts that are entered into on or after such 
        effective date; and

[[Page 113 STAT. 703]]

            (2) determinations made on or after such effective date 
        regarding whether a segment of a contractor or subcontractor is 
        subject to the cost accounting standards under section 26(f) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)), 
        regardless of whether the contracts on which such determinations 
        are made were entered into before, on, or after such date.
SEC. 803. 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'';
            (2) in subsection (b), by striking ``petroleum or natural 
        gas'' in the second sentence and inserting ``a defined fuel 
        source'';
            (3) 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.'';
            (4) 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
            (5) 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:

[[Page 113 STAT. 704]]

``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. 804. GUIDANCE <<NOTE: 41 USC 253h note.>> ON USE OF TASK 
                        ORDER AND DELIVERY ORDER CONTRACTS.

    (a) Guidance in the Federal Acquisition Regulation.--Not later than 
180 days after the date of the enactment of this Act, the Federal 
Acquisition Regulation issued in accordance with sections 6 and 25 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) 
shall be revised to provide guidance to agencies on the appropriate use 
of task order and delivery order contracts in accordance with sections 
2304a through 2304d of title 10, United States Code, and sections 303H 
through 303K of the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 253h through 253k).
    (b) Content <<NOTE: Regulations.>> of Guidance.--The regulations 
issued pursuant to subsection (a) shall, at a minimum, provide the 
following:
            (1) Specific guidance on the appropriate use of 
        governmentwide and other multiagency contracts entered into in 
        accordance with the provisions of law referred to in that 
        subsection.
            (2) Specific guidance on steps that agencies should take in 
        entering into and administering multiple award task order and 
        delivery order contracts to ensure compliance with--
                    (A) the requirement in section 5122 of the Clinger-
                Cohen Act (40 U.S.C. 1422) for capital planning and 
                investment control in purchases of information 
                technology products and services;
                    (B) the requirement in section 2304c(b) of title 10, 
                United States Code, and section 303J(b) of the Federal 
                Property and Administrative Services Act of 1949 (41 
                U.S.C. 253j(b)) to ensure that all contractors are 
                afforded a fair opportunity to be considered for the 
                award of task orders and delivery orders; and
                    (C) the requirement in section 2304c(c) of title 10, 
                United States Code, and section 303J(c) of the Federal 
                Property and Administrative Services Act of 1949 (41 
                U.S.C. 253j(c)) for a statement of work in each task 
                order or delivery order issued that clearly specifies 
                all tasks to be performed or property to be delivered 
                under the order.

    (c) GSA Federal Supply Schedules Program.--The Administrator for 
Federal Procurement Policy shall consult with the Administrator of 
General Services to assess the effectiveness of the multiple awards 
schedule program of the General Services Administration referred to in 
section 309(b)(3) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 259(b)(3)) that is administered as the Federal 
Supply Schedules program. The assessment shall include examination of 
the following:
            (1) The administration of the program by the Administrator 
        of General Services.

[[Page 113 STAT. 705]]

            (2) The ordering and program practices followed by Federal 
        customer agencies in using schedules established under the 
        program.

    (d) GAO <<NOTE: Federal Register, publication.>> Report.--Not later 
than one year after the date on which the regulations required by 
subsection (a) are published in the Federal Register, the Comptroller 
General shall submit to Congress an evaluation of--
            (1) executive agency compliance with the regulations; and
            (2) conformance of the regulations with existing law, 
        together with any recommendations that the Comptroller General 
        considers appropriate.
SEC. 805. CLARIFICATION OF DEFINITION OF COMMERCIAL ITEMS WITH 
                        RESPECT TO ASSOCIATED SERVICES.

    Section 4(12)(E) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(12)(E)) is amended to read as follows:
                    ``(E) Installation services, maintenance services, 
                repair services, training services, and other services 
                if--
                          ``(i) the services are procured for support of 
                      an item referred to in subparagraph (A), (B), (C), 
                      or (D), regardless of whether such services are 
                      provided by the same source or at the same time as 
                      the item; and
                          ``(ii) the source of the services provides 
                      similar services contemporaneously to the general 
                      public under terms and conditions similar to those 
                      offered to the Federal Government.''.
SEC. 806. USE OF SPECIAL SIMPLIFIED PROCEDURES FOR PURCHASES OF 
                        COMMERCIAL ITEMS IN EXCESS OF THE 
                        SIMPLIFIED ACQUISITION THRESHOLD.

    (a) Extension of Authority.--Section 4202(e) of the Clinger-Cohen 
Act of 1996 (divisions D and E of Public Law 104-106; 110 Stat. 654; 10 
U.S.C. 2304 note) is amended by striking ``three years after the date on 
which such amendments take effect pursuant to section 4401(b)'' and 
inserting ``January 1, 2002''.
    (b) GAO <<NOTE: Deadline. 10 USC 2304 note.>> Report.--Not later 
than March 1, 2001, the Comptroller General shall submit to Congress an 
evaluation of the test program authorized by the provisions in section 
4202 of the Clinger-Cohen Act of 1996, together with any recommendations 
that the Comptroller General considers appropriate regarding the test 
program or the use of special simplified procedures for purchases of 
commercial items in excess of the simplified acquisition threshold.
SEC. 807. 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. 808. CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND 
                        CERTAIN INSTITUTIONS OF HIGHER EDUCATION.

    Subsection (k) of section 2323 of title 10, United States Code, is 
amended by striking ``2000'' both places it appears and inserting 
``2003''.
SEC. 809. REQUIRED REPORTS FOR CERTAIN MULTIYEAR CONTRACTS.

    Section 2306b(l) of title 10, United States Code, is amended--

[[Page 113 STAT. 706]]

            (1) by redesignating paragraphs (4), (5), (6), and (7) as 
        paragraphs (5), (6), (7), and (8), respectively;
            (2) by inserting after paragraph (3) the following new 
        paragraph (4):

    ``(4) The head of an agency may not enter into a multiyear contract 
(or extend an existing multiyear contract) until the Secretary of 
Defense submits to the congressional defense committees a report with 
respect to that contract (or contract extension) 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:
            ``(A) The amount of total obligational authority under the 
        contract (or contract extension) and the percentage that such 
        amount represents of--
                    ``(i) the applicable procurement account; and
                    ``(ii) the agency procurement total.
            ``(B) The amount of total obligational authority under all 
        multiyear procurements of the agency concerned (determined 
        without regard to the amount of the multiyear contract (or 
        contract extension)) under multiyear contracts in effect 
        immediately before the contract (or contract extension) is 
        entered into and the percentage that such amount represents of--
                    ``(i) the applicable procurement account; and
                    ``(ii) the agency procurement total.
            ``(C) The amount equal to the sum of the amounts under 
        subparagraphs (A) and (B), and the percentage that such amount 
        represents of--
                    ``(i) the applicable procurement account; and
                    ``(ii) the agency procurement total.
            ``(D) The amount of total obligational authority under all 
        Department of Defense multiyear procurements (determined without 
        regard to the amount of the multiyear contract (or contract 
        extension)), including any multiyear contract (or contract 
        extension) that has been authorized by the Congress but not yet 
        entered into, and the percentage that such amount represents of 
        the procurement accounts of the Department of Defense treated in 
        the aggregate.''; and
            (3) by adding at the end the following new paragraph:

    ``(9) In this subsection:
            ``(A) The term `applicable procurement account' means, with 
        respect to a multiyear procurement contract (or contract 
        extension), the appropriation account from which payments to 
        execute the contract will be made.
            ``(B) The term `agency procurement total' means the 
        procurement accounts of the agency entering into a multiyear 
        procurement contract (or contract extension) treated in the 
        aggregate.''.

                        Subtitle B--Other Matters

SEC. 811. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.

    (a) Program Participation Term.--Subsection (e)(2) of section 831 of 
the National Defense Authorization Act for Fiscal Year 1991 (Public Law 
101-510; 10 U.S.C. 2302 note) is amended to read as follows:

[[Page 113 STAT. 707]]

            ``(2) A program participation term for any period of not 
        more than three years, except that the term may be a period of 
        up to five years if the Secretary of Defense determines in 
        writing that unusual circumstances justify a program 
        participation term in excess of three years.''.

    (b) Incentives Authorized for Mentor Firms.--Subsection (g) of such 
section is amended--
            (1) in paragraph (1), by striking ``shall'' and inserting 
        ``may'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                          (i) by striking ``shall'' and inserting 
                      ``may'';
                          (ii) by striking ``subsection (f)'' and all 
                      that follows through ``(i) as a line item'' and 
                      inserting ``subsection (f) as provided for in a 
                      line item'';
                          (iii) by striking the semicolon preceding 
                      clause (ii) and inserting ``, except that this 
                      sentence does not apply in a case in which the 
                      Secretary of Defense determines in writing that 
                      unusual circumstances justify reimbursement using 
                      a separate contract.''; and
                          (iv) by striking clauses (ii), (iii), and 
                      (iv); and
                    (B) by striking subparagraph (B) and inserting the 
                following:

    ``(B) The determinations made in annual performance reviews of a 
mentor firm's mentor-protege agreement under subsection (l)(2) shall be 
a major factor in the determinations of amounts of reimbursement, if 
any, that the mentor firm is eligible to receive in the remaining years 
of the program participation term under the agreement.
    ``(C) The total amount reimbursed under this paragraph to a mentor 
firm for costs of assistance furnished in a fiscal year to a protege 
firm may not exceed $1,000,000, except in a case in which the Secretary 
of Defense determines in writing that unusual circumstances justify a 
reimbursement of a higher amount.''; and
            (3) in paragraph (3)(A), by striking ``either subparagraph 
        (A) or (C) of paragraph (2) or are reimbursed pursuant to 
        subparagraph (B) of such paragraph'' and inserting ``paragraph 
        (2)''.

    (c) Three-Year Extension of Authority.--Subsection (j) of such 
section is amended to read as follows:
    ``(j) Expiration of Authority.--(1) No mentor-protege agreement may 
be entered into under subsection (e) after September 30, 2002.
    ``(2) No reimbursement may be paid, and no credit toward the 
attainment of a subcontracting goal may be granted, under subsection (g) 
for any cost incurred after September 30, 2005.''.
    (d) Reports and Reviews.--(1) Subsection (l) of such section is 
amended to read as follows:
    ``(l) Reports and Reviews.--(1) The mentor firm and protege firm 
under a mentor-protege agreement shall submit to the Secretary of 
Defense an annual report on the progress made by the protege firm in 
employment, revenues, and participation in Department of Defense 
contracts during the fiscal year covered by the report. The requirement 
for submission of an annual report applies with respect to each fiscal 
year covered by the program participation term under the agreement and 
each of the two fiscal years following

[[Page 113 STAT. 708]]

the expiration of the program participation term. The Secretary shall 
prescribe the timing and form of the annual report.
    ``(2)(A) The Secretary shall conduct an annual performance review of 
each mentor-protege agreement that provides for reimbursement of costs. 
The Secretary shall determine on the basis of the review whether--
            ``(i) all costs reimbursed to the mentor firm under the 
        agreement were reasonably incurred to furnish assistance to the 
        protege firm in accordance with the requirements of this section 
        and applicable regulations; and
            ``(ii) the mentor firm and protege firm accurately reported 
        progress made by the protege firm in employment, revenues, and 
        participation in Department of Defense contracts during the 
        program participation term covered by the mentor-protege 
        agreement and the two fiscal years following the expiration of 
        the program participation term.

    ``(B) The Secretary shall act through the Commander of the Defense 
Contract Management Command in carrying out the reviews and making the 
determinations under subparagraph (A).
    ``(3) Not later than 6 months after the end of each of fiscal years 
2000 through 2004, the Secretary of Defense shall submit to Congress an 
annual report on the Mentor-Protege Program for that fiscal year.
    ``(4) The annual report for a fiscal year shall include, at a 
minimum, the following:
            ``(A) The number of mentor-protege agreements that were 
        entered into during the fiscal year.
            ``(B) The number of mentor-protege agreements that were in 
        effect during the fiscal year.
            ``(C) The total amount reimbursed to mentor firms pursuant 
        to subsection (g) during the fiscal year.
            ``(D) Each mentor-protege agreement, if any, that was 
        approved during the fiscal year in accordance with subsection 
        (e)(2) to provide a program participation term in excess of 3 
        years, together with the justification for the approval.
            ``(E) Each reimbursement of a mentor firm in excess of the 
        limitation in subsection (g)(2)(C) that was made during the 
        fiscal year pursuant to an approval granted in accordance with 
        that subsection, together with the justification for the 
        approval.
            ``(F) Trends in the progress made in employment, revenues, 
        and participation in Department of Defense contracts by the 
        protege firms participating in the program during the fiscal 
        year and the protege firms that completed or otherwise 
        terminated participation in the program during the preceding two 
        fiscal years.''.

    (2)(A) <<NOTE: 10 USC 2302 note.>> The Secretary of Defense shall 
conduct a review of the Mentor-Protege Program established in section 
831 of the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 10 U.S.C. 2302 note) to assess the feasibility of 
transitioning such program to operation without a specific appropriation 
or authority to provide reimbursement to a mentor firm as provided in 
subsection (g) of such section (as amended by subsection (b)).

    (B) In conducting the review under subparagraph (A), the Secretary 
shall assess possible additional incentives that may be extended to 
mentor firms to ensure adequate support and participation in the Mentor-
Protege Program, including increasing the level

[[Page 113 STAT. 709]]

of credit in lieu of subcontract awards presently extended to mentor 
firms for purposes of determining whether mentor firms attain 
subcontracting participation goals applicable under Department of 
Defense contracts.
    (C) <<NOTE: Deadline.>> Not later than September 30, 2000, the 
Secretary shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives--
            (i) a report on the results of the review conducted under 
        this paragraph; and
            (ii) any recommendations of the Secretary for legislative 
        action.

    (3)(A) <<NOTE: 10 USC 2302 note.>> The Comptroller General shall 
conduct a study on the implementation of the Mentor-Protege Program 
established in section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) and the 
extent to which the program is achieving the purposes established in 
that section in a cost-effective manner.

    (B) The study shall include the following:
            (i) A review of the manner in which funds for the Mentor-
        Protege Program have been obligated.
            (ii) An identification and assessment of the average amount 
        spent by the Department of Defense on individual mentor-protege 
        agreements, and the correlation between levels of funding and 
        business development of protege firms.
            (iii) An evaluation of the effectiveness of the incentives 
        provided to mentor firms to participate in the Mentor-Protege 
        Program and whether reimbursements remain a cost-effective and 
        viable incentive.
            (iv) An assessment of the success of the Mentor-Protege 
        Program in enhancing the business competitiveness and financial 
        independence of protege firms.
            (v) A review of the relationship between the results of the 
        Mentor-Protegee Program and the objectives established in 
        section 2323 of title 10, United States Code.

    (C) <<NOTE: Reports. Deadline.>> Not later than January 1, 2002, the 
Comptroller General shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report on the results of the 
study.

    (e) Repeal of Limitation on Availability of Funding.--Subsection (n) 
of <<NOTE: 10 USC 2302 note.>> section 831 of such Act is repealed.

    (f) Effective <<NOTE: 10 USC 2302 note.>> Date and Savings 
Provision.--(1) The amendments made by this section shall take effect on 
October 1, 1999, and shall apply with respect to mentor-protege 
agreements that are entered into under section 831(e) of the National 
Defense Authorization Act for Fiscal Year 1991 on or after that date.

    (2) Section 831 of the National Defense Authorization Act for Fiscal 
Year 1991, as in effect on September 30, 1999, shall continue to apply 
with respect to mentor-protege agreements entered into before October 1, 
1999.
SEC. 812. PROGRAM <<NOTE: Deadlines.>> TO INCREASE BUSINESS 
                        INNOVATION IN DEFENSE ACQUISITION 
                        PROGRAMS.

    (a) Requirement <<NOTE: Federal Register, publication. 10 USC 2302 
note.>> To Develop Plan.--Not later than March 1, 2000, the Secretary of 
Defense shall publish in the Federal Register for public comment a plan 
to provide for increased innovative technology for acquisition programs 
of the Department of Defense from commercial private sector entities, 
including small-business concerns.

[[Page 113 STAT. 710]]

    (b) Implementation <<NOTE: 10 USC 2302 note.>> of Plan.--Not later 
than March 1, 2001, the Secretary of Defense shall implement the plan 
required by subsection (a), subject to any modifications the Secretary 
may choose to make in response to comments received.

    (c) Elements <<NOTE: 10 USC 2302 note.>> of Plan.--The plan required 
by subsection (a) shall include, at a minimum, the following elements:
            (1) Procedures through which commercial private sector 
        entities, including small-business concerns, may submit 
        proposals recommending cost-saving and innovative ideas to 
        acquisition program managers.
            (2) A review process designed to make recommendations on the 
        merit and viability of the proposals submitted under paragraph 
        (1) at appropriate times during the acquisition cycle.
            (3) Measures to limit potential disruptions to existing 
        contracts and programs from proposals accepted and incorporated 
        into acquisition programs of the Department of Defense.
            (4) Measures to ensure that research and development efforts 
        of small-business concerns are considered as early as possible 
        in a program's acquisition planning process to accommodate 
        potential technology insertion without disruption to existing 
        contracts and programs.

    (d) Requirement for Report.--Not later than March 1, 2000, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the status of the Small Business Innovation 
Research program rapid transition plan required by section 818 of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 2089). The report shall include the 
following:
            (1) The status of the implementation of each of the 
        provisions of the plan.
            (2) For any provision of the plan that has not been fully 
        implemented as of the date of the report--
                    (A) the reasons that the provision has not been 
                fully implemented; and
                    (B) a schedule, including specific milestones, for 
                the implementation of the provision.

    (e) Small-Business <<NOTE: 10 USC 2302 note.>> 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. 813. INCENTIVES TO PRODUCE INNOVATIVE NEW TECHNOLOGIES.

    (a) Review of Guidelines.--The Secretary of Defense shall review the 
profit guidelines established in the Department of Defense Supplement to 
the Federal Acquisition Regulation to consider whether appropriate 
modifications, such as placing increased emphasis on technical risk as a 
factor for determining appropriate profit margins, would provide an 
increased profit incentive for contractors to develop and produce 
complex and innovative new technologies.
    (b) Changes <<NOTE: Deadline.>> to Guidelines; Report.--Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
shall--
            (1) make any changes to the profit guidelines that the 
        Secretary determines to be necessary; and
            (2) report to Congress on the results of the review 
        conducted under subsection (a) and on any changes to the profit 
        guidelines

[[Page 113 STAT. 711]]

        that the Secretary determines to be necessary pursuant to 
        paragraph (1).
SEC. 814. PILOT <<NOTE: 10 USC 2461 note.>> PROGRAM FOR COMMERCIAL 
                        SERVICES.

    (a) Program Authorized.--The Secretary of Defense may carry out a 
pilot program to treat procurements of commercial services as 
procurements of commercial items.
    (b) Designation of Pilot Program Categories.--The Secretary of 
Defense may designate the following categories of services as commercial 
services covered by the pilot program:
            (1) Utilities and housekeeping services.
            (2) Education and training services.
            (3) Medical services.

    (c) Treatment as Commercial Items.--A Department of Defense contract 
for the procurement of commercial services designated by the Secretary 
for the pilot program shall be treated as a contract for the procurement 
of commercial items, as defined in section 4(12) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(12)), if the source of the 
services provides similar services contemporaneously to the general 
public under terms and conditions similar to those offered to the 
Federal Government.
    (d) Guidance.--Not <<NOTE: Deadline.>> later than 90 days after the 
date of the enactment of this Act, the Secretary shall issue guidance to 
procurement officials on contracting for commercial services under the 
pilot program. The guidance shall place particular emphasis on ensuring 
that negotiated prices for designated services, including prices 
negotiated without competition, are fair and reasonable.

    (e) Unified Management of Procurements.--The Secretary of Defense 
shall develop and implement procedures to ensure that, whenever 
appropriate, a single item manager or contracting officer is responsible 
for entering into all contracts from a single contractor for commercial 
services under the pilot program.
    (f) Duration of Pilot Program.--(1) The pilot program shall begin on 
the date that the Secretary issues the guidance required by subsection 
(d) and may continue for a period, not in excess of five years, that the 
Secretary shall establish.
    (2) The pilot program shall cover Department of Defense contracts 
for the procurement of commercial services designated by the Secretary 
under subsection (b) that are awarded or modified during the period of 
the pilot program, regardless of whether the contracts are performed 
during the period.
    (g) Report to Congress.--(1) The Secretary shall submit to Congress 
a report on the impact of the pilot program on--
            (A) prices paid by the Federal Government under contracts 
        for commercial services covered by the pilot program;
            (B) the quality and timeliness of the services provided 
        under such contracts; and
            (C) the extent of competition for such contracts.

    (2) The Secretary shall submit the report--
            (A) <<NOTE: Deadline.>> not later than 90 days after the end 
        of the third full fiscal year for which the pilot program is in 
        effect; or
            (B) if the period established for the pilot program under 
        subsection (f)(1) does not cover three full fiscal years, not 
        later than 90 days after the end of the designated period.

    (h) Price Trend Analysis.--The Secretary of Defense shall apply the 
procedures developed pursuant to section 803(c) of the Strom Thurmond 
National Defense Authorization Act for Fiscal

[[Page 113 STAT. 712]]

Year 1999 (Public Law 105-261; 112 Stat. 2081; 10 U.S.C. 2306a note) to 
collect and analyze information on price trends for all services covered 
by the pilot program and for the services in such categories of services 
not covered by the pilot program to which the Secretary considers it 
appropriate to apply those procedures.
SEC. 815. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE 
                        CERTAIN PROCUREMENTS FROM SMALL ARMS 
                        PRODUCTION INDUSTRIAL BASE.

    (a) M-2 and M-60 Machine Guns.--In <<NOTE: 10 USC 2473 
note.>> fulfilling the requirement under subsection (e) of section 809 
of the Strom Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 2086; 10 U.S.C. 2473 note), if the 
Secretary of the Army determines that it is necessary to protect the 
small arms production industrial base, the Secretary shall exercise the 
authority under subsection (f) of such section with regard to M-2 and M-
60 machine guns.

    (b) Covered Property and Services.--Section 2473(b) of title 10, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Repair'' and inserting ``Critical 
                repair'';
                    (B) by striking ``including repair parts''; and
                    (C) by inserting ``only'' after ``consisting''; and
            (2) in paragraph (2), by adding ``such'' after 
        ``Modifications of''.
SEC. 816. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES OF 
                        EQUIPMENT AND PRODUCTS.

    (a) Sense of Congress Regarding Purchase by the Department of 
Defense of 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 fully comply 
with the Buy American Act (41 U.S.C. 10a et seq.) and section 2533 of 
title 10, United States Code.
    (b) Debarment <<NOTE: 10 USC 2410f note.>> 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.
SEC. 817. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF 
                        COMPREHENSIVE SMALL BUSINESS 
                        SUBCONTRACTING PLANS.

    Section 834(e) of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended 
by striking ``September 30, 2000'' and inserting ``September 30, 2005''.
SEC. 818. EXTENSION OF INTERIM REPORTING RULE FOR CERTAIN 
                        PROCUREMENTS LESS THAN $100,000.

    Section 31(e) of the Office of Federal Procurement Policy Act (41 
U.S.C. 427(e)) is amended by striking ``October 1, 1999'' and inserting 
``October 1, 2004''.

[[Page 113 STAT. 713]]

SEC. 819. INSPECTOR GENERAL REVIEW OF COMPLIANCE WITH BUY AMERICAN 
                        ACT IN PURCHASES OF STRENGTH TRAINING 
                        EQUIPMENT.

    (a) Review Required.--The Inspector General of the Department of 
Defense shall conduct a review to determine the extent to which 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 review shall cover purchases, made 
during the review period, of free weights and other exercise equipment 
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). For purposes of the preceding sentence, 
the review period is the period beginning on April 1, 1998, and ending 
on March 31, 2000. Purchases not in excess of the micro-purchase 
threshold shall be excluded from the review.
    (c) Report.--Not <<NOTE: Deadline.>> later than December 31, 2000, 
the Secretary of Defense shall submit to Congress a report on the 
results of the review.
    (d) Definitions.--In this section:
            (1) The term ``free weights'' means dumbbells or solid 
        metallic disks balanced on crossbars, designed to be lifted for 
        strength training or athletic competition.
            (2) The term ``micro-purchase threshold'' means the amount 
        specified in section 32(f) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 428(f)).
SEC. 820. REPORT ON OPTIONS FOR ACCELERATED ACQUISITION OF 
                        PRECISION MUNITIONS.

    (a) Findings.--Congress finds the following:
            (1) Current Department of Defense inventories of many types 
        of precision munitions do not meet the requirements for such 
        munitions under the National Military Strategy that the 
        Department of Defense have the capability to conduct two nearly 
        simultaneous Major Theater Wars, and with respect to some types 
        of precision munitions, those requirements will not be met even 
        after planned acquisitions are complete.
            (2) Production lines for certain types of 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 
        during Operation Allied Force (conducted against the Federal 
        Republic of Yugoslavia in the spring of 1999) and the necessity 
        to replenish inventories of land-attack Tomahawk cruise missiles 
        following that operation indicate the critical need to maintain 
        sufficient inventories of precision munitions.

    (b) Report.--Not <<NOTE: Deadline.>> later than February 15, 2000, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the requirements of the Department of Defense for 
precision munitions under the National Military Strategy that the 
Department of Defense have the capability to conduct two nearly 
simultaneous Major Theater Wars. The report shall include the following:
            (1) The effect of recent conflicts on the shift to precision 
        munitions of targets previously allocated to nonprecision 
        munitions in the inventory requirements process.

[[Page 113 STAT. 714]]

            (2) The required inventories of precision munitions, by 
        type, including existing or planned munitions or such munitions 
        with appropriate upgrades, to meet the requirement that the 
        Department of Defense have the capability to conduct two nearly 
        simultaneous Major Theater Wars.
            (3) Current inventories of those precision munitions.
            (4) The year when required inventories for each of those 
        types of precision munitions will be achieved within the 
        acquisition plans set forth in the budget of the President for 
        fiscal year 2001.
            (5) The year those inventories would be achieved within 
        existing or planned production capacity if produced at--
                    (A) the minimum sustained production rate;
                    (B) the most economic production rate; and
                    (C) the maximum production rate.
            (6) The required level of funding to support production for 
        each of those types of munitions at each of the production rates 
        specified in paragraph (5), compared to the funding programmed 
        for each type of munition in the future-years defense program 
        using the acquisition plans specified in paragraph (4).
            (7) With respect to each existing or planned munitions for 
        which the inventory is not expected to meet the two Major 
        Theater War requirement by October 1, 2005, the Secretary's 
        assessment of the risk associated with not having met such 
        requirement by that date.
SEC. 821. TECHNICAL AMENDMENT TO PROHIBITION ON RELEASE OF 
                        CONTRACTOR PROPOSALS UNDER THE FREEDOM OF 
                        INFORMATION ACT.

    Section 2305(g) of title 10, United States Code, is amended in 
paragraph (1) by striking ``the Department of Defense'' and inserting 
``an agency named in section 2303 of this title''.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

          Subtitle A--Department of Defense Strategic Planning

Sec. 901. Permanent requirement for Quadrennial Defense Review.
Sec. 902. Minimum interval for updating and revising Department of 
                    Defense strategic plan.

             Subtitle B--Department of Defense Organization

Sec. 911. Responsibility for logistics and sustainment functions of the 
                    Department of Defense.
Sec. 912. Enhancement of technology security program of Department of 
                    Defense.
Sec. 913. Efficient utilization of defense laboratories.
Sec. 914. Center for the Study of Chinese Military Affairs.
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security 
                    Studies of foreign gifts and donations.

                    Subtitle C--Personnel Management

Sec. 921. Revisions to limitations on number of personnel assigned to 
                    major Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations 
                    tempo and personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program 
                    for military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in 
                    defense acquisition workforce.

[[Page 113 STAT. 715]]

                        Subtitle D--Other Matters

Sec. 931. Additional matters for annual reports on joint warfighting 
                    experimentation.
Sec. 932. Oversight of Department of Defense activities to combat 
                    terrorism.
Sec. 933. Responsibilities and accountability for certain financial 
                    management functions.
Sec. 934. Management of Civil Air Patrol.

          Subtitle A--Department of Defense Strategic Planning

SEC. 901. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE REVIEW.

    (a) Review Required.--(1) Chapter 2 of title 10, United States Code, 
is amended by inserting after section 117 the following new section:

``Sec. 118. Quadrennial defense review

    ``(a) Review Required.--The Secretary of Defense shall every four 
years, during a year following a year evenly divisible by four, conduct 
a comprehensive examination (to be known as a `quadrennial defense 
review') of the national defense strategy, force structure, force 
modernization plans, infrastructure, budget plan, and other elements of 
the defense program and policies of the United States with a view toward 
determining and expressing the defense strategy of the United States and 
establishing a defense program for the next 20 years. Each such 
quadrennial defense review shall be conducted in consultation with the 
Chairman of the Joint Chiefs of Staff.
    ``(b) Conduct of Review.--Each quadrennial defense review shall be 
conducted so as--
            ``(1) to delineate a national defense strategy consistent 
        with the most recent National Security Strategy prescribed by 
        the President pursuant to section 108 of the National Security 
        Act of 1947 (50 U.S.C. 404a);
            ``(2) to define sufficient force structure, force 
        modernization plans, infrastructure, budget plan, and other 
        elements of the defense program of the United States associated 
        with that national defense strategy that would be required to 
        execute successfully the full range of missions called for in 
        that national defense strategy; and
            ``(3) to identify (A) the budget plan that would be required 
        to provide sufficient resources to execute successfully the full 
        range of missions called for in that national defense strategy 
        at a low-to-moderate level of risk, and (B) any additional 
        resources (beyond those programmed in the current future-years 
        defense program) required to achieve such a level of risk.

    ``(c) Assessment of Risk.--The assessment of risk for the purposes 
of subsection (b) shall be undertaken by the Secretary of Defense in 
consultation with the Chairman of the Joint Chiefs of Staff. That 
assessment shall define the nature and magnitude of the political, 
strategic, and military risks associated with executing the missions 
called for under the national defense strategy.
    ``(d) Submission of QDR to Congressional Committees.--The Secretary 
shall submit a report on each quadrennial defense review to the 
Committees on Armed Services of the Senate and

[[Page 113 STAT. 716]]

the House of Representatives. <<NOTE: Deadline.>> The report shall be 
submitted not later than September 30 of the year in which the review is 
conducted. The report shall include the following:
            ``(1) The results of the review, including a comprehensive 
        discussion of the national defense strategy of the United States 
        and the force structure best suited to implement that strategy 
        at a low-to-moderate level of risk.
            ``(2) The assumed or defined national security interests of 
        the United States that inform the national defense strategy 
        defined in the review.
            ``(3) The threats to the assumed or defined national 
        security interests of the United States that were examined for 
        the purposes of the review and the scenarios developed in the 
        examination of those threats.
            ``(4) The assumptions used in the review, including 
        assumptions relating to--
                    ``(A) the status of readiness of United States 
                forces;
                    ``(B) the cooperation of allies, mission-sharing and 
                additional benefits to and burdens on United States 
                forces resulting from coalition operations;
                    ``(C) warning times;
                    ``(D) levels of engagement in operations other than 
                war and smaller-scale contingencies and withdrawal from 
                such operations and contingencies; and
                    ``(E) the intensity, duration, and military and 
                political end-states of conflicts and smaller-scale 
                contingencies.
            ``(5) The effect on the force structure and on readiness for 
        high-intensity combat of preparations for and participation in 
        operations other than war and smaller-scale contingencies.
            ``(6) The manpower and sustainment policies required under 
        the national defense strategy to support engagement in conflicts 
        lasting longer than 120 days.
            ``(7) The anticipated roles and missions of the reserve 
        components in the national defense strategy and the strength, 
        capabilities, and equipment necessary to assure that the reserve 
        components can capably discharge those roles and missions.
            ``(8) The appropriate ratio of combat forces to support 
        forces (commonly referred to as the `tooth-to-tail' ratio) under 
        the national defense strategy, including, in particular, the 
        appropriate number and size of headquarters units and Defense 
        Agencies for that purpose.
            ``(9) The strategic and tactical air-lift, sea-lift, and 
        ground transportation capabilities required to support the 
        national defense strategy.
            ``(10) The forward presence, pre-positioning, and other 
        anticipatory deployments necessary under the national defense 
        strategy for conflict deterrence and adequate military response 
        to anticipated conflicts.
            ``(11) The extent to which resources must be shifted among 
        two or more theaters under the national defense strategy in the 
        event of conflict in such theaters.
            ``(12) The advisability of revisions to the Unified Command 
        Plan as a result of the national defense strategy.
            ``(13) The effect on force structure of the use by the armed 
        forces of technologies anticipated to be available for the 
        ensuing 20 years.
            ``(14) Any other matter the Secretary considers appropriate.

[[Page 113 STAT. 717]]

    ``(e) CJCS Review.--Upon the completion of each review under 
subsection (a), the Chairman of the Joint Chiefs of Staff shall prepare 
and submit to the Secretary of Defense the Chairman's assessment of the 
review, including the Chairman's assessment of risk. The Chairman's 
assessment shall be submitted to the Secretary in time for the inclusion 
of the assessment in the report. The Secretary shall include the 
Chairman's assessment, together with the Secretary's comments, in the 
report in its entirety.''.
    (2) The table of sections at the beginning of chapter 2 of such 
title is amended by inserting after the item relating to section 117 the 
following new item:

``118. Quadrennial defense review.''.

    (b) Date for Submission of National Security Strategy.--Section 
108(a) of the National Security Act of 1947 (50 U.S.C. 404a(a)) is 
amended by adding at the end the following new paragraph:
    ``(3) <<NOTE: Deadline.>> Not later than 150 days after the date on 
which a new President takes office, the President shall transmit to 
Congress a national security strategy report under this section. That 
report shall be in addition to the report for that year transmitted at 
the time specified in paragraph (2).''.

    (c) Specified <<NOTE: 10 USC 118 note.>> Matter for Next QDR.--In 
the first quadrennial defense review conducted under section 118 of 
title 10, United States Code, as added by subsection (a), the Secretary 
shall include in the technologies considered for the purposes of 
paragraph (13) of subsection (d) of that section the following: 
precision guided munitions, stealth, night vision, digitization, and 
communications.
SEC. 902. MINIMUM INTERVAL FOR UPDATING AND REVISING DEPARTMENT OF 
                        DEFENSE STRATEGIC PLAN.

    Section 306(b) of title 5, United States Code, is amended by 
striking ``, and shall be updated and revised at least every three 
years.'' and inserting a period and the following: ``The strategic plan 
shall be updated and revised at least every three years, except that the 
strategic plan for the Department of Defense shall be updated and 
revised at least every four years.''.

             Subtitle B--Department of Defense Organization

SEC. 911. RESPONSIBILITY FOR LOGISTICS AND SUSTAINMENT FUNCTIONS 
                        OF THE DEPARTMENT OF DEFENSE.

    (a) Under <<NOTE: 10 USC 133 note.>> 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

[[Page 113 STAT. 718]]

        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, Technology, and Logistics 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--

[[Page 113 STAT. 719]]

            (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. 912. ENHANCEMENT OF TECHNOLOGY SECURITY PROGRAM OF DEPARTMENT 
                        OF DEFENSE.

    (a) Specification of Technology Security Directorate.--For purposes 
of this section, a reference to the Technology Security Directorate is a 
reference to the element within the Defense Threat Reduction Agency of 
the Department of Defense having responsibility for technology security 
matters (known as of the date of the enactment of this Act as the 
Technology Security Directorate).
    (b) Functions.--The head of the Technology Security Directorate 
shall have authority to 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 issues relating to 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) Foreign acquisitions.

    (c) Resources for Technology Security Directorate.--The Secretary of 
Defense shall ensure that the head of the Technology Security 
Directorate has appropriate personnel and fiscal resources available, 
and receives all necessary support, to carry out the missions of the 
Directorate efficiently and effectively.

[[Page 113 STAT. 720]]

    (d) Approval Authority of Under Secretary for Policy.--Staff and 
resources of the Technology Security Directorate may not be used to 
fulfill any requirement or activity of the Defense Threat Reduction 
Agency that does not directly relate to the technology security and 
export control missions of the Technology Security Directorate except 
with the prior approval of the Under Secretary of Defense for Policy.
    (e) Report <<NOTE: Deadline.>> on Export Control Resources.--Not 
later than March 1, 2000, the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth the personnel 
and budget resources of the Technology Security Directorate as of 
October 1, 1998, and as of September 30, 1999, as well as any planned 
increases in those resources for fiscal years 2000 and 2001. The report 
shall include the following:
            (1) Numbers of personnel, measured in full-time equivalents.
            (2) Number of license applications reviewed.
            (3) The budget of the Technology Security Directorate.
            (4) The number of personnel during the preceding fiscal year 
        assigned to the Technology Security Directorate who were 
        assigned during that year to assist in activities of the Defense 
        Threat Reduction Agency unrelated to technology security or 
        export control issues, together with an explanation of the 
        effect of any such assignment on the Directorate's ability to 
        fulfill its mission.
SEC. 913. EFFICIENT UTILIZATION OF DEFENSE LABORATORIES.

    (a) Analysis <<NOTE: Deadlines.>> by Independent Panel.--(1) Not 
later than 45 days after the date of the enactment of this Act, the 
Secretary of Defense shall convene a panel of independent experts under 
the auspices of the Defense Science Board to conduct an analysis of the 
resources and capabilities of all of the laboratories and test and 
evaluation facilities of the Department of Defense, including those of 
the military departments. In conducting the analysis, the panel shall 
identify opportunities to achieve efficiency and reduce duplication of 
efforts by consolidating responsibilities by area or function or by 
designating lead agencies or executive agents in cases considered 
appropriate. The panel shall report its findings to the Secretary of 
Defense and to Congress not later than August 1, 2000.

    (2) The analysis required by paragraph (1) shall, at a minimum, 
address the capabilities of the laboratories and test and evaluation 
facilities in the areas of air vehicles, armaments, command, control, 
communications, and intelligence, space, directed energy, electronic 
warfare, medicine, corporate laboratories, civil engineering, 
geophysics, and the environment.
    (b) Performance <<NOTE: Deadline. 10 USC 2364 note.>> Review 
Process.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall develop an appropriate 
performance review process for rating the quality and relevance of work 
performed by the Department of Defense laboratories. The process shall 
include customer evaluation and peer review by Department of Defense 
personnel and appropriate experts from outside the Department of 
Defense. The process shall provide for rating all laboratories of the 
Army, Navy, and Air Force on a consistent basis.

[[Page 113 STAT. 721]]

SEC. 914. CENTER <<NOTE: 10 USC 2165 note.>> FOR THE STUDY OF 
                        CHINESE MILITARY AFFAIRS.

    (a) Establishment.--The Secretary of Defense shall establish a 
Center for the Study of Chinese Military Affairs as part of the National 
Defense University. The Center shall be organized under the Institute 
for National Strategic Studies of the University.
    (b) Qualifications of Director.--The Director of the Center shall be 
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.
    (c) Mission.--The mission of the Center is to study and inform 
policymakers in the Department of Defense, Congress, and throughout the 
Government regarding 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. The Center shall accomplish that mission 
by a variety of means intended to widely disseminate the research 
findings of the Center.
    (d) Startup <<NOTE: Deadlines.>> of Center.--The Secretary of 
Defense shall establish the Center for the Study of Chinese Military 
Affairs not later than March 1, 2000. The first Director of the Center 
shall be appointed not later than June 1, 2000. The Center should be 
fully operational not later than June 1, 2001.

    (e) Implementation <<NOTE: Deadlines.>> Report.--(1) Not later than 
January 1, 2001, the President of the National Defense University shall 
submit to the Secretary of Defense a report setting forth the 
President's organizational plan for the Center for the Study of Chinese 
Military Affairs, the proposed budget for the Center, and the timetable 
for initial and full operations of the Center. The President of the 
National Defense University shall prepare that report in consultation 
with the Director of the Center and the Director of the Institute for 
National Strategic Studies of the University.

    (2) The Secretary of Defense shall transmit the report under 
paragraph (1), together with whatever comments the Secretary considers 
appropriate, to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives not later 
than February 1, 2001.
SEC. 915. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR 
                        SECURITY STUDIES OF FOREIGN GIFTS AND 
                        DONATIONS.

    (a) In General.--Chapter 155 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2611. Asia-Pacific Center for Security Studies: acceptance 
                  of foreign gifts and donations

    ``(a) Authority To Accept Foreign Gifts and Donations.--(1) Subject 
to subsection (b), 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) 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.

[[Page 113 STAT. 722]]

    ``(b) Limitation.--The Secretary may not accept a gift or donation 
under subsection (a) if the acceptance of the gift or donation would 
compromise or appear to compromise--
            ``(1) 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
            ``(2) the integrity of any program of the Department of 
        Defense or of any person involved in such a program.

    ``(c) Criteria for Acceptance.--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 subsection (b).
    ``(d) Crediting of Funds.--Funds accepted by the Secretary under 
subsection (a) 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.
    ``(e) Notice to Congress.--If the total amount of funds accepted 
under subsection (a) 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.
    ``(f) Foreign Gift or Donation Defined.--For purposes of this 
section, 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:
``2611. Asia-Pacific Center for Security Studies: acceptance of foreign 
            gifts and donations.''.

                    Subtitle C--Personnel Management

SEC. 921. REVISIONS TO LIMITATIONS ON NUMBER OF PERSONNEL ASSIGNED 
                        TO MAJOR DEPARTMENT OF DEFENSE 
                        HEADQUARTERS ACTIVITIES.

    (a) Revised Limitation.--(1) Section 130a of title 10, United States 
Code, is amended to read as follows:
``Sec. 130a. Major Department of Defense headquarters activities 
                  personnel: limitation

    ``(a) Limitation.--Effective <<NOTE: Deadline.>> October 1, 2002, 
the number of major headquarters activities personnel in the Department 
of Defense may not exceed 85 percent of the baseline number.

    ``(b) Phased Reduction.--The number of major headquarters activities 
personnel in the Department of Defense--
            ``(1) as of October 1, 2000, may not exceed 95 percent of 
        the baseline number; and
            ``(2) as of October 1, 2001, may not exceed 90 percent of 
        the baseline number.

[[Page 113 STAT. 723]]

    ``(c) Baseline Number.--In this section, the term `baseline number' 
means the number of major headquarters activities personnel in the 
Department of Defense as of October 1, 1999.
    ``(d) Major Headquarters Activities.--(1) For purposes of this 
section, major headquarters activities are those headquarters (and the 
direct support integral to their operation) the primary mission of which 
is to manage or command the programs and operations of the Department of 
Defense, the Department of Defense components, and their major military 
units, organizations, or agencies. Such term includes management 
headquarters, combatant headquarters, and direct support.
    ``(2) The specific elements of the Department of Defense that are 
major headquarters activities for the purposes of this section are those 
elements identified as Major DoD Headquarters Activities in accordance 
with Department of Defense Directive 5100.73, entitled `Major Department 
of Defense Headquarters Activities', issued on May 13, 1999. The 
provisions of that directive applicable to identification of any 
activity as a `Major DoD Headquarters Activity' may not be changed 
except as provided by law.
    ``(e) Major Headquarters Activities Personnel.--In this section, the 
term `major headquarters activities personnel' means military and 
civilian personnel of the Department of Defense who are assigned to, or 
employed in, functions in major headquarters activities.
    ``(f) Limitation on Reassignment of Functions.--In carrying out 
reductions in the number of personnel assigned to, or employed in, major 
headquarters activities in order to comply with this section, the 
Secretary of Defense and the Secretaries of the military departments may 
not reassign functions in order to evade the requirements of this 
section.''.
    (2) The item relating to such section in the table of sections at 
the beginning of chapter 3 of such title is amended to read as follows:
``130a. Major Department of Defense headquarters activities personnel: 
            limitation.''.

    (b) Report.--Not <<NOTE: Deadline.>> later than October 1, 2000, 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 providing--
            (1) the Secretary's assessment of the manner in which major 
        headquarters activities are specified in subsection (d) of 
        section 130a of title 10, United States Code, as amended by 
        subsection (a);
            (2) the baseline number in effect for purposes of that 
        section; and
            (3) the effect (if any) of the reductions required by that 
        section on the Department's various headquarters activities.

    (c) Technical Amendments to Update Limitation on OSD Personnel.--
Effective <<NOTE: Effective date.>> 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

[[Page 113 STAT. 724]]

            (3) by redesignating subsections (d) and (e) as subsections 
        (b) and (c), respectively.
SEC. 922. DEFENSE ACQUISITION WORKFORCE REDUCTIONS.

    (a) Reduction.--The Secretary of Defense shall implement reductions 
during fiscal year 2000 in the defense acquisition and support workforce 
in a number not less than the number by which that workforce is 
programmed to be reduced during that fiscal year in the President's 
budget for that fiscal year.
    (b) Administrative Flexibility.--If the Secretary determines and 
certifies to Congress that changed circumstances require, in the 
national security interest of the United States, that the reduction 
under subsection (a) be in a number less than the number applicable 
under that subsection, the Secretary may specify a lower number for that 
reduction, which may not be less than 10 percent less than the number 
applicable under subsection (a).
    (c) Report.--Not <<NOTE: Deadline.>> later than May 1, 2000, the 
Secretary shall submit to Congress a report on the defense acquisition 
and support workforce. The Secretary shall include in that report--
            (1) the total number of personnel the Secretary expects to 
        reduce from the defense acquisition and support workforce during 
        fiscal year 2000 pursuant to subsection (a); and
            (2) the total number by which that workforce is programmed 
        to be reduced for fiscal year 2001 in the President's budget for 
        that fiscal year.

    (d) Defense Acquisition Workforce Defined.--For purposes of this 
section, the term ``defense acquisition and support workforce'' has the 
meaning given that term in section 931(d) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 2106).
SEC. 923. MONITORING AND REPORTING REQUIREMENTS REGARDING 
                        OPERATIONS TEMPO AND PERSONNEL TEMPO.

    (a) Responsibility Over Monitoring and Standards.--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.''.
    (b) Annual Reporting Requirements.--(1) Chapter 23 of such title is 
amended by adding after section 486, as added by section 241(a), the 
following new section:
``Sec. 487. 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 Requirements.--(1) Until such time as the Secretary 
of Defense develops a common method to measure operations

[[Page 113 STAT. 725]]

tempo and personnel tempo for the armed forces, the description required 
under subsection (a) shall include the methods by which each of the 
armed forces measures operations tempo and personnel tempo.
    ``(2) The description shall include the personnel tempo policies of 
each of the armed forces and any changes to these policies since the 
preceding report.
    ``(3) The description shall include 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) The description shall identify 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 description shall indicate 
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 description shall indicate 
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) Operations Tempo and Personnel Tempo Defined.--Until such time 
as the Secretary of Defense establishes definitions of operations tempo 
and personnel tempo applicable to all of the armed forces, the following 
definitions shall apply for purposes of the preparation of the 
description required under subsection (a):
            ``(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 official duties at a location or under 
        circumstances that make it infeasible for a member to spend off-
        duty time in the housing in which the member resides when on 
        garrison duty at the member's permanent duty station.

    ``(d) Other Definitions.--In this section, the term `armed forces' 
does not include the Coast Guard when it is not operating as a service 
in the Department of the Navy.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 486, as added by 
section 241(a), the following new item:
``487. Unit operations tempo and personnel tempo: annual report.''.

[[Page 113 STAT. 726]]

SEC. 924. ADMINISTRATION <<NOTE: 10 USC 113 note.>> OF DEFENSE 
                        REFORM INITIATIVE ENTERPRISE PROGRAM FOR 
                        MILITARY MANPOWER AND PERSONNEL 
                        INFORMATION.

    (a) Executive Agent.--The Secretary of Defense may designate the 
Secretary of the Navy as the Department of Defense executive agent for 
carrying out the pilot program described in subsection (c).
    (b) Implementing Office.--If the Secretary of Defense makes the 
designation referred to in subsection (a), the Secretary of the Navy, in 
carrying out that pilot program, shall act through the head of the 
Systems Executive Office for Manpower and Personnel of the Department of 
the Navy, who shall act in coordination with the Under Secretary of 
Defense for Personnel and Readiness and the Chief Information Officer of 
the Department of Defense.
    (c) Pilot Program.--The pilot program referred to in subsection (a) 
is the defense reform initiative enterprise pilot program for military 
manpower and personnel information established pursuant to section 8147 
of the Department of Defense Appropriations Act, 1999 (Public Law 105-
262; 112 Stat. 2341; 10 U.S.C. 113 note).
SEC. 925. PAYMENT OF TUITION FOR EDUCATION AND TRAINING OF MEMBERS 
                        IN DEFENSE ACQUISITION WORKFORCE.

    (a) Authority To Exceed 75 Percent Limitation.--Subsection (a) of 
section 1745 of title 10, United States Code, is amended to read as 
follows:
    ``(a) Tuition Reimbursement and Training.--(1) The Secretary of 
Defense shall provide for tuition reimbursement and training (including 
a full-time course of study leading to a degree) for acquisition 
personnel in the Department of Defense.
    ``(2) For civilian personnel, the reimbursement and training shall 
be provided under section 4107(b) of title 5 for the purposes described 
in that section. For purposes of such section 4107(b), there is deemed 
to be, until September 30, 2001, a shortage of qualified personnel to 
serve in acquisition positions in the Department of Defense.
    ``(3) In the case of members of the armed forces, the limitation in 
section 2007(a) of this title shall not apply to tuition reimbursement 
and training provided for under this subsection.''.
    (b) Effective <<NOTE: 10 USC 1745 note.>> Date.--The amendment made 
by subsection (a) shall apply with respect to charges for tuition or 
expenses incurred after the date of the enactment of this Act.

                        Subtitle D--Other Matters

SEC. 931. ADDITIONAL MATTERS FOR ANNUAL REPORTS ON JOINT 
                        WARFIGHTING EXPERIMENTATION.

    Section 485(b) of title 10, United States Code, is amended by adding 
at the end the following new paragraph:
            ``(5) With respect to improving the effectiveness of joint 
        warfighting, any recommendations that the commander considers 
        appropriate, based on the results of joint warfighting 
        experimentation, regarding--
                    ``(A) the development, procurement, or fielding of 
                advanced technologies, systems, or weapons or systems

[[Page 113 STAT. 727]]

                platforms or other changes in doctrine, operational 
                concepts, organization, training, materiel, leadership, 
                personnel, or the allocation of resources;
                    ``(B) the reduction or elimination of redundant 
                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;
                    ``(C) recommendations for mission needs statements, 
                operational requirements, and relative priorities for 
                acquisition programs to meet joint requirements; and
                    ``(D) a description of any actions taken by the 
                Secretary of Defense to implement the recommendations of 
                the commander.''.
SEC. 932. OVERSIGHT OF DEPARTMENT OF DEFENSE ACTIVITIES TO COMBAT 
                        TERRORISM.

    (a) Report <<NOTE: Deadline.>> Requirement.--Not later than December 
31, 1999, the Secretary of Defense shall submit to the congressional 
defense committees a report, in classified and unclassified form, 
identifying all programs and activities of the Department of Defense 
combating terrorism program. The report shall include--
            (1) the definitions used by the Department of Defense for 
        all terms relating to combating terrorism, including 
        ``counterterrorism'', ``anti-terrorism'', and ``consequence 
        management''; and
            (2) the various initiatives and projects being conducted by 
        the Department that fall under each of the categories referred 
        to in paragraph (1).

    (b) Annual Budget Information.--(1) Chapter 9 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 229. Programs for combating terrorism: display of budget 
                information

    ``(a) Submission With Annual Budget Justification Documents.--The 
Secretary of Defense shall submit to Congress, as a part of the 
documentation that supports the President's annual budget for the 
Department of Defense, a consolidated budget justification display, in 
classified and unclassified form, that includes all programs and 
activities of the Department of Defense combating terrorism program.
    ``(b) Requirements for Budget Display.--The budget display under 
subsection (a) shall include--
            ``(1) the amount requested, by appropriation and functional 
        area, for each of the program elements, projects, and 
        initiatives that support the Department of Defense combating 
        terrorism program, with supporting narrative descriptions and 
        rationale for the funding levels requested; and
            ``(2) a summary, to the program element and project level of 
        detail, of estimated expenditures for the current year, funds 
        requested for the budget year, and budget estimates through the 
        completion of the current future-years defense plan for the 
        Department of Defense combating terrorism program.

    ``(c) Explanation of Inconsistencies.--As part of the budget display 
under subsection (a) for any fiscal year, the Secretary shall identify 
and explain--

[[Page 113 STAT. 728]]

            ``(1) any inconsistencies between (A) the information 
        submitted under subsection (b) for that fiscal year, and (B) the 
        information provided to the Director of the Office of Management 
        and Budget in support of the annual report of the President to 
        Congress on funding for executive branch counterterrorism and 
        antiterrorism programs and activities for that fiscal year in 
        accordance with section 1051(b) of the National Defense 
        Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113 note); 
        and
            ``(2) any inconsistencies between (A) the execution, during 
        the previous fiscal year and the current fiscal year, of 
        programs and activities of the Department of Defense combating 
        terrorism program, and (B) the funding and specification for 
        such programs and activities for those fiscal years in the 
        manner provided by Congress (both in statutes and in relevant 
        legislative history).

    ``(d) Semiannual Reports on Obligations and Expenditures.--The 
Secretary shall submit to the congressional defense committees a 
semiannual report on the obligation and expenditure of funds for the 
Department of Defense combating terrorism program. Such reports shall be 
submitted not later than April 15 each year, with respect to the first 
half of a fiscal year, and not later than November 15 each year, with 
respect to the second half of a fiscal year. Each such report shall 
compare the amounts of those obligations and expenditures to the amounts 
authorized and appropriated for the Department of Defense combating 
terrorism program for that fiscal year, by budget activity, sub-budget 
activity, and program element or line item. The second report for a 
fiscal year shall show such information for the second half of the 
fiscal year and cumulatively for the whole fiscal year. The report shall 
be submitted in unclassified form, but may have a classified annex.
    ``(e) Department of Defense Combating Terrorism Program.--In this 
section, the term `Department of Defense combating terrorism program' 
means the programs, projects, and activities of the Department of 
Defense related to combating terrorism inside and outside the United 
States.
    ``(f) Congressional Defense Committees Defined.--In this section, 
the term `congressional defense committees' means--
            ``(A) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            ``(B) the Committee on Armed Services and the Committee on 
        Appropriations of the House of Representatives.''.

    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:
``229. Programs for combating terrorism: display of budget 
          information.''.
SEC. 933. RESPONSIBILITIES AND ACCOUNTABILITY FOR CERTAIN 
                        FINANCIAL MANAGEMENT FUNCTIONS.

    (a) In General.--(1) Chapter 165 of title 10, United States Code, is 
amended by adding at the end the following new sections:

``Sec. 2784. Management of credit cards

    ``(a) Management of Credit Cards.--
The <<NOTE: Regulations.>> Secretary of Defense, acting through the 
Under Secretary of Defense (Comptroller), shall prescribe regulations 
governing the use and control

[[Page 113 STAT. 729]]

of all credit cards and convenience checks that are issued to Department 
of Defense personnel for official use. Those regulations shall be 
consistent with regulations that apply Government-wide regarding use of 
credit cards by Government personnel for official purposes.

    ``(b) Required Safeguards and Internal Controls.--Regulations under 
subsection (a) shall include safeguards and internal controls to ensure 
the following:
            ``(1) That there is a record in the Department of Defense of 
        each holder of a credit card issued by the Department of Defense 
        for official use, annotated with the limitations on amounts that 
        are applicable to the use of each such card by that credit card 
        holder.
            ``(2) That the holder of a credit card and each official 
        with authority to authorize expenditures charged to the credit 
        card are responsible for--
                    ``(A) reconciling the charges appearing on each 
                statement of account for that credit card with receipts 
                and other supporting documentation; and
                    ``(B) forwarding that statement after being so 
                reconciled to the designated disbursing office in a 
                timely manner.
            ``(3) That any disputed credit card charge, and any 
        discrepancy between a receipt and other supporting documentation 
        and the credit card statement of account, is resolved in the 
        manner prescribed in the applicable Government-wide credit card 
        contract entered into by the Administrator of General Services.
            ``(4) That payments on credit card accounts are made 
        promptly within prescribed deadlines to avoid interest 
        penalties.
            ``(5) That rebates and refunds based on prompt payment on 
        credit card accounts are properly recorded.
            ``(6) That records of each credit card transaction 
        (including records on associated contracts, reports, accounts, 
        and invoices) are retained in accordance with standard 
        Government policies on the disposition of records.

``Sec. 2785. Remittance addresses: regulation of alterations

    ``The Secretary of Defense, acting through the Under Secretary of 
Defense (Comptroller), shall prescribe regulations setting forth 
controls on alteration of remittance addresses. Those regulations shall 
ensure that--
            ``(1) a remittance address for a disbursement that is 
        provided by an officer or employee of the Department of Defense 
        authorizing or requesting the disbursement is not altered by any 
        officer or employee of the department authorized to prepare the 
        disbursement; and
            ``(2) a remittance address for a disbursement is altered 
        only if the alteration--
                    ``(A) is requested by the person to whom the 
                disbursement is authorized to be remitted; and
                    ``(B) is made by an officer or employee authorized 
                to do so who is not an officer or employee referred to 
                in paragraph (1).''.

[[Page 113 STAT. 730]]

    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new items:

``2784. Management of credit cards.
``2785. Remittance addresses: regulation of alterations.''.

    (b) Effective <<NOTE: 10 USC 2784 note.>> Date.--(1) Regulations 
under section 2784 of title 10, United States Code, as added by 
subsection (a), shall be prescribed not later than 180 days after the 
date of the enactment of this Act.

    (2) <<NOTE: 10 USC 2785 note.>> Regulations under section 2785 of 
title 10, United States Code, as added by subsection (a), shall be 
prescribed not later than 180 days after the date of the enactment of 
this Act.

SEC. 934. MANAGEMENT OF CIVIL AIR PATROL.

    (a) Sense of Congress.--It is the sense of Congress that no major 
change to the governance structure of the Civil Air Patrol should be 
mandated by Congress until a review of potential improvements in the 
management and oversight of Civil Air Patrol operations is conducted.
    (b) GAO Study.--The Comptroller General shall conduct a study of 
potential improvements to Civil Air Patrol operations, including Civil 
Air Patrol financial management, Air Force and Civil Air Patrol 
oversight, and the Civil Air Patrol safety program. Not later 
than <<NOTE: Deadline.>> February 15, 2000, the Comptroller General 
shall submit a report on the results of the study to the congressional 
defense committees.

    (c) Inspector General Review.--(1) The Inspector General of the 
Department of Defense shall review the financial and management 
operations of the Civil Air Patrol. The review shall include an audit.
    (2) <<NOTE: Deadline.>> Not later than February 15, 2000, the 
Inspector General shall submit to the congressional defense committees a 
report on the review, including, specifically, the results of the audit. 
The report shall include any recommendations that the Inspector General 
considers appropriate regarding actions necessary to ensure the proper 
oversight of the financial and management operations of the Civil Air 
Patrol.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for 
                      fiscal year 1999.
Sec. 1004. Supplemental appropriations request for operations in 
                      Yugoslavia.
Sec. 1005. United States contribution to NATO common-funded budgets in 
                      fiscal year 2000.
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for 
                      fiscal year 2000.
Sec. 1007. Second biennial financial management improvement plan.
Sec. 1008. Waiver authority for requirement that electronic transfer of 
                      funds be used for Department of Defense payments.
Sec. 1009. Single payment date for invoice for various subsistence 
                      items.
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of 
                      maps, charts, and navigational books.

                 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.

[[Page 113 STAT. 731]]

Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of 
                      Defense.
Sec. 1015. National Defense Features program.
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship 
                      contractors.
Sec. 1017. Transfer of naval vessel to foreign country.
Sec. 1018. Authority to transfer naval vessels to certain foreign 
                      countries.

   Subtitle C--Support for Civilian Law Enforcement and Counter Drug 
                               Activities

Sec. 1021. Modification of limitation on funding assistance for 
                      procurement of equipment for the National Guard 
                      for drug interdiction and counter-drug activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard 
                      authority for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or 
                      threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for 
                      United States Southern Command counter-drug 
                      detection and monitoring flights.
Sec. 1025. Annual report on United States military activities in 
                      Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and 
                      monitoring.
Sec. 1027. Plan regarding assignment of military personnel to assist 
                      Immigration and Naturalization Service and Customs 
                      Service.

        Subtitle D--Miscellaneous Report Requirements and Repeals

Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and 
                      combatant command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to 
                      support National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National 
                      Military Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of 
                      Consequence Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget 
                      submission for fiscal year 2001.
Sec. 1039. Report on NATO Defense Capabilities Initiative.
Sec. 1040. Report on motor vehicle violations by operators of official 
                      Army vehicles.

                    Subtitle E--Information Security

Sec. 1041. Identification in budget materials of amounts for 
                      declassification activities and limitation on 
                      expenditures for such activities.
Sec. 1042. Notice to congressional committees of certain security and 
                      counterintelligence failures within defense 
                      programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas, 
                      sensitive, or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National 
                      Imagery and Mapping Agency.

             Subtitle F--Memorial Objects and Commemorations

Sec. 1051. Moratorium on the return of veterans memorial objects to 
                      foreign nations without specific authorization in 
                      law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.

                        Subtitle G--Other Matters

Sec. 1061. Defense Science Board task force on use of television and 
                      radio as a propaganda instrument in time of 
                      military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of 
                      1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National 
                      Security of the House of Representatives to 
                      Committee on Armed Services.

[[Page 113 STAT. 732]]

                      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. <<NOTE: 10 USC 114 note.>> INCORPORATION OF CLASSIFIED ANNEX.

    (a) Status of Classified Annex.--The Classified Annex prepared by 
the committee of conference to accompany the conference report on the 
bill S. 1059 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 EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
                          FOR FISCAL YEAR 1999.

    (a) Adjustment of Fiscal Year 1999 Authorizations To Reflect 
Supplemental Appropriations.--Subject to subsection (b), amounts 
authorized to be appropriated to the Department of Defense for fiscal 
year 1999 in the Strom Thurmond National

[[Page 113 STAT. 733]]

Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261) are 
hereby adjusted, with respect to any such authorized amount, by the 
amount by which appropriations pursuant to such authorization were 
increased (by a supplemental appropriation) or decreased (by a 
rescission), or both, in the 1999 Emergency Supplemental Appropriations 
Act (Public Law 106-31).
    (b) Limitation.--(1) In the case of a pending defense contingent 
emergency supplemental appropriation, an adjustment may be made under 
subsection (a) in the amount of an authorization of appropriations by 
reason of that supplemental appropriation only if, and to the extent 
that, the President transmits to Congress an official amended budget 
request for that appropriation that designates the entire amount 
requested as an emergency requirement for the specific purpose 
identified in the 1999 Emergency Supplemental Appropriations Act as the 
purpose for which the supplemental appropriation was made.
    (2) For purposes of this subsection, the term ``pending defense 
contingent emergency supplemental appropriation'' means a contingent 
emergency supplemental appropriation for the Department of Defense 
contained in the 1999 Emergency Supplemental Appropriations Act for 
which an official budget request that includes designation of the entire 
amount of the request as an emergency requirement has not been 
transmitted to Congress as of the date of the enactment of this Act.
    (3) For purposes of this subsection, the term ``contingent emergency 
supplemental appropriation'' means a supplemental appropriation that--
            (A) is designated by Congress as an emergency requirement 
        pursuant to section 251(b)(2)(A) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985; and
            (B) by law is available only to the extent that the 
        President transmits to the Congress an official budget request 
        for that appropriation that includes designation of the entire 
        amount of the request as an emergency requirement.
SEC. 1004. 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.
SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
                          BUDGETS IN FISCAL YEAR 2000.

    (a) Fiscal Year 2000 Limitation.--The total amount contributed by 
the Secretary of Defense in fiscal year 2000 for the common-funded 
budgets of NATO may be any amount up to, but not in excess of, the 
amount specified in subsection (b) (rather than the maximum amount that 
would otherwise be applicable to those contributions under the fiscal 
year 1998 baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable under 
subsection (a) is the sum of the following:
            (1) The amounts of unexpended balances, as of the end of 
        fiscal year 1999, of funds appropriated for fiscal years before 
        fiscal year 2000 for payments for those budgets.
            (2) The amount specified in subsection (c)(1).

[[Page 113 STAT. 734]]

            (3) The amount specified in subsection (c)(2).
            (4) The total amount of the contributions authorized to be 
        made under section 2501.

    (c) Authorized Amounts.--Amounts authorized to be appropriated by 
titles II and III of this Act are available for contributions for the 
common-funded budgets of NATO as follows:
            (1) Of the amount provided in section 201(1), $750,000 for 
        the Civil Budget.
            (2) Of the amount provided in section 301(1), $216,400,000 
        for the Military Budget.

    (d) Definitions.--For purposes of this section:
            (1) Common-funded budgets of nato.--The term ``common-funded 
        budgets of NATO'' means the Military Budget, the Security 
        Investment Program, and the Civil Budget of the North Atlantic 
        Treaty Organization (and any successor or additional account or 
        program of NATO).
            (2) Fiscal year 1998 baseline limitation.--The term ``fiscal 
        year 1998 baseline limitation'' means the maximum annual amount 
        of Department of Defense contributions for common-funded budgets 
        of NATO that is set forth as the annual limitation in section 
        3(2)(C)(ii) of the resolution of the Senate giving the advice 
        and consent of the Senate to the ratification of the Protocols 
        to the North Atlantic Treaty of 1949 on the Accession of Poland, 
        Hungary, and the Czech Republic (as defined in section 4(7) of 
        that resolution), approved by the Senate on April 30, 1998.
SEC. 1006. 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

[[Page 113 STAT. 735]]

        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 1004(e) of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2112).
SEC. 1007. SECOND <<NOTE: 10 USC 2222 note.>> BIENNIAL FINANCIAL 
                          MANAGEMENT IMPROVEMENT PLAN.

    (a) Additional Matters Required.--The Secretary of Defense shall 
include in the second biennial financial management improvement plan 
submitted to Congress under section 2222 of title 10, United States Code 
(required to be submitted not later than September 30, 2000), the 
matters specified in subsections (b) through (f), in addition to the 
matters otherwise required under that section.
    (b) Systems Inventory.--The plan referred to in subsection (a) shall 
include an inventory of the finance systems, accounting systems, and 
data feeder systems of the Department of Defense referred to in section 
2222(c) of title 10, United States Code, and, for each of those systems, 
the following:
            (1) A statement regarding whether the system complies with 
        the requirements applicable to that system under sections 3512, 
        3515, and 3521 of title 31, United States Code.
            (2) A statement regarding whether the system is to be 
        retained, consolidated, or eliminated.
            (3) A detailed plan of the actions that are being taken or 
        are to be taken within the Department of Defense (including 
        provisions for schedule, performance objectives, interim 
        milestones, and necessary resources)--
                    (A) to ensure easy and reliable interfacing of the 
                system (or a consolidated or successor system) with the 
                Department's core finance and accounting systems and 
                with other data feeder systems; and
                    (B) to institute appropriate internal controls that, 
                among other benefits, ensure the integrity of the data 
                in the system (or a consolidated or successor system).
            (4) For each system that is to be consolidated or 
        eliminated, a detailed plan of the actions that are being taken 
        or are to be taken (including provisions for schedule and 
        interim milestones) in carrying out the consolidation or 
        elimination, including a discussion of both the interim or 
        migratory systems and any further consolidation that may be 
        involved.
            (5) A list of the officials in the Department of Defense who 
        are responsible for ensuring that actions referred to in 
        paragraphs (3) and (4) are taken in a timely manner.

    (c) Major Procurement Actions.--The plan referred to in subsection 
(a) shall include a description of each major procurement action that is 
being taken within the Department of Defense to replace or improve a 
finance and accounting system or a data feeder system shown in the 
inventory under subsection (a) and, for each such procurement action, 
the measures that are being taken or are to be taken to ensure that the 
new or enhanced system--
            (1) provides easy and reliable interfacing of the system 
        with the core finance and accounting systems of the department 
        and with other data feeder systems; and

[[Page 113 STAT. 736]]

            (2) includes appropriate internal controls that, among other 
        benefits, ensure the integrity of the data in the system.

    (d) Financial Management Competency Plan.--The plan referred to in 
subsection (a) shall include a financial management competency plan that 
includes performance objectives, milestones (including interim 
objectives), responsible officials, and the necessary resources to 
accomplish the performance objectives, together with the following:
            (1) A description of the actions necessary to ensure that 
        the person in each comptroller position (or comparable position) 
        in the Department of Defense (whether a member of the Armed 
        Forces or a civilian employee) has the education, technical 
        competence, and experience to perform in accordance with the 
        core competencies necessary for financial management.
            (2) A description of the education that is necessary for a 
        financial manager in a senior grade to be knowledgeable in--
                    (A) applicable laws and administrative and 
                regulatory requirements, including the requirements and 
                procedures relating to Government performance and 
                results under sections 1105(a)(28), 1115, 1116, 1117, 
                1118, and 1119 of title 31, United States Code;
                    (B) the strategic planning process and how the 
                process relates to resource management;
                    (C) budget operations and analysis systems;
                    (D) management analysis functions and evaluation; 
                and
                    (E) the principles, methods, techniques, and systems 
                of financial management.
            (3) The advantages and disadvantages of establishing and 
        operating a consolidated Department of Defense school that 
        instructs in the principles referred to in paragraph (2)(E).
            (4) The applicable requirements for formal civilian 
        education.

    (e) Improvements to DFAS, Etc.--The plan referred to in subsection 
(a) shall include a detailed plan (including performance objectives and 
milestones and standards for measuring progress toward attainment of the 
objectives) for the following:
            (1) Improving the internal controls and internal review 
        processes of the Defense Finance and Accounting Service to 
        provide reasonable assurances that--
                    (A) obligations and costs are in compliance with 
                applicable laws;
                    (B) funds, property, and other assets are 
                safeguarded against waste, loss, unauthorized use, and 
                misappropriation;
                    (C) revenues and expenditures applicable to agency 
                operations are properly recorded and accounted for so as 
                to permit the preparation of accounts and reliable 
                financial and statistical reports and to maintain 
                accountability over assets;
                    (D) obligations and expenditures are recorded 
                contemporaneously with each transaction;
                    (E) organizational and functional duties are 
                performed separately at each step in the cycles of 
                transactions (including, in the case of a contract, the 
                specification of

[[Page 113 STAT. 737]]

                requirements, the formation of the contract, the 
                certification of contract performance, receiving and 
                warehousing, accounting, and disbursing); and
                    (F) use of progress payment allocation systems 
                results in posting of payments to appropriation accounts 
                consistent with section 1301 of title 31, United States 
                Code.
            (2) Ensuring that the Defense Finance and Accounting Service 
        has--
                    (A) a single standard transaction general ledger 
                that, at a minimum, uses double-entry bookkeeping and 
                complies with the United States Government Standard 
                General Ledger at the transaction level as required 
                under section 803(a) of the Federal Financial Management 
                Improvement Act of 1996 (31 U.S.C. 3512 note);
                    (B) an integrated data base for finance and 
                accounting functions; and
                    (C) automated cost, performance, and other output 
                measures.
            (3) Providing a single, consistent set of policies and 
        procedures for financial transactions throughout the Department 
        of Defense.
            (4) Ensuring compliance with applicable policies and 
        procedures for financial transactions throughout the Department 
        of Defense.
            (5) Reviewing safeguards for preservation of assets and 
        verifying the existence of assets.

    (f) Internal Controls Checklist.--The plan referred to in subsection 
(a) shall include an internal controls checklist, to be prescribed by 
the Under Secretary of Defense (Comptroller), which shall provide 
standards for use throughout the Department of Defense, together with a 
statement of the Department of Defense policy on use of the checklist 
throughout the Department.
    (g) Safeguarding Sensitive Information.--To the extent necessary to 
protect sensitive information, the Secretary of Defense may provide 
information required by subsections (b) and (c) in an annex that is 
available to Congress, but need not be made public.
SEC. 1008. WAIVER AUTHORITY FOR REQUIREMENT THAT ELECTRONIC 
                          TRANSFER OF FUNDS BE USED FOR DEPARTMENT 
                          OF DEFENSE PAYMENTS.

    (a) Authority.--(1) Chapter 165 of title 10, United States Code, is 
amended by adding after section 2785, as added by section 933(a), the 
following new section:
``Sec. 2786. Department of Defense payments by electronic 
                  transfers of funds: exercise of authority for 
                  waivers

    ``With respect to any Federal payment of funds covered by section 
3332(f) of title 31 (relating to electronic funds transfers) for which 
payment is made or authorized by the Department of Defense, the waiver 
authority provided in paragraph (2)(A)(i) of that section shall be 
exercised by the Secretary of Defense. The Secretary of Defense shall 
carry out the authority provided under the preceding sentence in 
consultation with the Secretary of the Treasury.''.

[[Page 113 STAT. 738]]

    (2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 2785, as added by 
section 933(a), the following new item:

``2786. Department of Defense payments by electronic transfers of funds: 
            exercise of authority for waivers.''.

    (3) <<NOTE: 10 USC 2786 note.>> Any waiver in effect on the date of 
the enactment of this Act under paragraph (2)(A)(i) of section 3332(f) 
of title 31, United States Code, shall remain in effect until otherwise 
provided by the Secretary of Defense under section 2786 of title 10, 
United States Code, as added by paragraph (1).

    (b) Study and Report on DOD Electronic Funds Transfers.--(1) The 
Secretary of Defense shall conduct a study to determine the following:
            (A) Whether it would be feasibile for all electronic 
        payments made by the Department of Defense to be routed through 
        the Regional Finance Centers of the Department of the Treasury 
        for verification and reconciliation.
            (B) Whether it would be feasibile for all electronic 
        payments made by the Department of Defense to be subjected to 
        the same level of reconciliation as United States Treasury 
        checks, including the matching of each payment issued with each 
        corresponding deposit at financial institutions.
            (C) Whether the appropriate computer security controls are 
        in place in order to ensure the integrity of electronic payments 
        made by the Department of Defense.
            (D) The estimated costs of implementing--
                    (i) the routing of electronic payments as described 
                in subparagraph (A);
                    (ii) the reconciliation of electronic payments as 
                described in subparagraph (B); and
                    (iii) security controls as described in subparagraph 
                (C).
            (E) The period that would be required to implement each of 
        the matters referred to in subparagraph (D).

    (2) Not <<NOTE: Deadline.>> later than March 1, 2000, the Secretary 
of Defense shall submit to Congress a report containing the results of 
the study required by paragraph (1).

    (3) In this subsection, the term ``electronic payment'' has the 
meaning given the term ``electronic funds transfer'' in section 
3332(j)(1) of title 31, United States Code.
SEC. 1009. SINGLE PAYMENT DATE FOR INVOICE FOR VARIOUS SUBSISTENCE 
                          ITEMS.

    Section 3903 of title 31, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) A contract for the procurement of subsistence items that is 
entered into under the prime vendor program of the Defense Logistics 
Agency may specify for the purposes of section 3902 of this title a 
single required payment date that is to be applicable to an invoice for 
subsistence items furnished under the contract when more than one 
payment due date would otherwise be applicable to the invoice under the 
regulations prescribed under paragraphs (2), (3), and (4) of subsection 
(a) or under any other provisions of law. The required payment date 
specified in the contract shall be consistent with prevailing industry 
practices for the

[[Page 113 STAT. 739]]

subsistence items, but may not be more than 10 days after the date of 
receipt of the invoice or the certified date of receipt of the items. 
The Director of the Office of Management and Budget shall provide in the 
regulations under subsection (a) that when a required payment date is so 
specified for an invoice, no other payment due date applies to the 
invoice.''.
SEC. 1010. PAYMENT OF FOREIGN LICENSING FEES OUT OF PROCEEDS OF 
                          SALE OF MAPS, CHARTS, AND NAVIGATIONAL 
                          BOOKS.

    (a) In General.--Section 453 of title 10, United States Code, is 
amended to read as follows:
``Sec. 453. Sale of maps, charts, and navigational publications: 
                prices; use of proceeds

    ``(a) Prices.--All maps, charts, and other publications offered for 
sale by the National Imagery and Mapping Agency shall be sold at prices 
and under regulations that may be prescribed by the Secretary of 
Defense.
    ``(b) Use of Proceeds To Pay Foreign Licensing Fees.--(1) The 
Secretary of Defense may pay any NIMA foreign data acquisition fee out 
of the proceeds of the sale of maps, charts, and other publications of 
the Agency, and those proceeds are hereby made available for that 
purpose.
    ``(2) In this subsection, the term `NIMA foreign data acquisition 
fee' means any licensing or other fee imposed by a foreign country or 
international organization for the acquisition or use of data or 
products by the National Imagery and Mapping Agency.''.
    (b) Clerical Amendment.--The item relating to section 453 in the 
table of sections at the beginning of subchapter II of chapter 22 of 
such title is amended to read as follows:

``453. Sale of maps, charts, and navigational publications: prices; use 
          of proceeds.''.

                 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 a 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.''.

[[Page 113 STAT. 740]]

SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER NAVAL 
                          VESSEL.

    (a) In <<NOTE: President.>> 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;
            (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; and
            (3) to hold the United States harmless for any claims 
        arising from exposure to hazardous material, including asbestos 
        and polychlorinated biphenyls, after the retransfer of the 
        vessel to the recipient, except for claims arising before the 
        date of the transfer of the vessel to the Government of Greece 
        or from use of the vessel by the United States after the date of 
        the retransfer to the recipient.
SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE REQUIREMENTS.

    (a) Requirement.--Not <<NOTE: Deadline.>> later than February 1, 
2000, 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 naval vessel force structure 
requirements.

    (b) Matters To Be Included.--The report shall include the following:
            (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.
            (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.
            (3) A detailed long-range shipbuilding plan for the 
        Department, through fiscal year 2030, that includes annual 
        quantities of each type of vessel to be procured.
            (4) A statement of the annual funding necessary to procure 
        eight to ten vessels, of the appropriate types, each year 
        beginning in fiscal year 2001 and extending through 2020 to 
        maintain the naval vessel force structure required by the 
        national military strategy.
            (5) A detailed discussion of the risks associated with any 
        deviation from the long-range shipbuilding plan required in 
        paragraph (3), to include the implications of such a deviation 
        for the following areas:
                    (A) Warfighting requirements.
                    (B) Crisis response and overseas presence missions.

[[Page 113 STAT. 741]]

                    (C) Contingency operations.
                    (D) Domestic shipbuilding industrial base.
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.--Subject to subsection (b), the 
Secretary of the Navy may enter into contracts with private United 
States shipyards for the construction of new surface vessels to be 
acquired on a long-term lease basis 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. As part of a request to Congress 
for enactment of any such authorization by law, the Secretary of the 
Navy shall provide to Congress the Secretary's findings under subsection 
(g).
    ``(c) 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.
    ``(d) 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.
    ``(e) 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.

    ``(f) Vessel Operation.--(1) The Secretary may operate a vessel held 
by the Secretary under a long-term lease under this section through a 
contract with a United States 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 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

[[Page 113 STAT. 742]]

            ``(C) the operational requirements of the Department of the 
        Navy.

    ``(g) Contingent Waiver of Other Provisions of Law.--(1) The 
Secretary may waive the applicability of subsections (e)(2) and (f) of 
section 2401 of this title to a contract authorized by law as provided 
in subsection (b) if the Secretary makes the following findings with 
respect to that contract:
            ``(A) 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.
            ``(B) 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.
            ``(C) The timeliness of consideration of the contract by 
        Congress is such that such a waiver is in the interest of the 
        United States.

    ``(2) <<NOTE: Notice.>> The Secretary shall submit a notice of any 
waiver under paragraph (1) to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives.

    ``(h) 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 strategic sealift ship.
                    ``(G) A combat logistics force ship.
                    ``(H) A maritime prepositioned ship.
                    ``(I) Any other auxiliary support vessel.''.

    (c) Effective <<NOTE: 10 USC 7233 note.>> Date.--Section 7233 of 
title 10, United States Code, as added by subsection (a), shall take 
effect on October 1, 1999.

[[Page 113 STAT. 743]]

SEC. 1015. NATIONAL DEFENSE FEATURES PROGRAM.

    (a) Authority for National Defense Features Program.--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) Contracts for Incorporation of Defense Features in Commercial 
Vessels.--(1) The head of an agency may enter into a contract with a 
company submitting an offer for that company to install and maintain 
defense features for national defense purposes in one or more commercial 
vessels owned or controlled by that company in accordance with the 
purpose for which funds in the National Defense Sealift Fund are 
available under subsection (c)(1)(C). The head of the agency may enter 
into such a contract only after the head of the agency makes a 
determination of the economic soundness of the offer.
    ``(2) The head of an agency may make advance payments to the 
contractor under a contract under paragraph (1) in a lump sum, in annual 
payments, or in a combination thereof for costs associated with the 
installation and maintenance of the defense features on a vessel covered 
by the contract, as follows:
            ``(A) The costs to build, procure, and install a defense 
        feature in the vessel.
            ``(B) The costs to periodically maintain and test any 
        defense feature on the vessel.
            ``(C) Any increased costs of operation or any loss of 
        revenue attributable to the installation or maintenance of any 
        defense feature on the vessel.
            ``(D) Any additional costs associated with the terms and 
        conditions of the contract.

    ``(3) For any contract under paragraph (1) under which the United 
States makes advance payments under paragraph (2) for the costs 
associated with installation or maintenance of any defense feature on a 
commercial vessel, the contractor shall provide to the United States 
such security interests in the vessel, by way of a preferred mortgage 
under section 31322 of title 46 or otherwise, as the head of the agency 
may prescribe in order to adequately protect the United States against 
loss for the total amount of those costs.
    ``(4) Each contract entered into under this subsection shall--
            ``(A) set forth terms and conditions under which, so long as 
        a vessel covered by the contract is owned or controlled by the 
        contractor, the contractor is to operate the vessel for the 
        Department of Defense notwithstanding any other contract or 
        commitment of that contractor; and
            ``(B) provide that the contractor operating the vessel for 
        the Department of Defense shall be paid for that operation at 
        fair and reasonable rates.

    ``(5) The head of an agency may not delegate authority under this 
subsection to any officer or employee in a position below the level of 
head of a procuring activity.''.
    (b) Definition.--Subsection (l) of such section, as redesignated by 
subsection (a)(1), is amended by adding at the end the following new 
paragraph:
            ``(5) The term `head of an agency' has the meaning given 
        that term in section 2302(1) of this title.''.

[[Page 113 STAT. 744]]

SEC. 1016. SALES OF NAVAL SHIPYARD ARTICLES AND SERVICES TO 
                          NUCLEAR SHIP CONTRACTORS.

    (a) Waiver of Required Conditions.--Chapter 633 of title 10, United 
States Code, is amended by inserting after section 7299a the following 
new section:
``Sec. 7300. Contracts for nuclear ships: sales of naval shipyard 
                  articles and services to private shipyards

    ``The conditions set forth in section 2208(j)(1)(B) of this title 
and subsections (a)(1) and (c)(1)(A) of section 2553 of this title shall 
not apply to a sale by a naval shipyard of articles or services to a 
private shipyard that is made at the request of the private shipyard in 
order to facilitate the private shipyard's fulfillment of a Department 
of Defense contract with respect to a nuclear ship. This section does 
not authorize a naval shipyard to construct a nuclear ship for the 
private shipyard, to perform a majority of the work called for in a 
contract with a private entity, or to provide articles or services not 
requested by the private shipyard.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7299a the following new item:
``7300. Contracts for nuclear ships: sales of naval shipyard articles 
            and services to private shipyards.''.
SEC. 1017. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY.

    (a) Transfer to Thailand.--The Secretary of the Navy is authorized 
to transfer to the Government of Thailand the CYCLONE class coastal 
patrol craft CYCLONE (PC1) or a craft with a similar hull. The transfer 
shall be made on a sale, lease, lease/buy, or grant basis under section 
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
    (b) Costs.--Any expense incurred by the United States in connection 
with the transfer authorized by subsection (a) shall be charged to the 
Government of Thailand.
    (c) Repair and Refurbishment in United States Shipyard.--To the 
maximum extent practicable, the Secretary of the Navy shall require, as 
a condition of the transfer of the vessel to the Government of Thailand 
under this section, that the Government of Thailand have such repair or 
refurbishment of the vessel as is needed, before the vessel joins the 
naval forces of that country, performed at a United States naval 
shipyard or other shipyard located in the United States.
    (d) Expiration of Authority.--The authority to transfer a vessel 
under subsection (a) shall expire at the end of the two-year period 
beginning on the date of the enactment of this Act.
SEC. 1018. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN 
                          COUNTRIES.

    (a) Authority To Transfer.--
            (1) Dominican republic.--The Secretary of the Navy is 
        authorized to transfer to the Government of the Dominican 
        Republic the medium auxiliary floating dry dock AFDM 2. Such 
        transfer shall be on a grant basis under section 516 of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
            (2) Ecuador.--The Secretary of the Navy is authorized to 
        transfer to the Government of Ecuador the ``OAK RIDGE'' class 
        medium auxiliary repair dry dock ALAMOGORDO (ARDM

[[Page 113 STAT. 745]]

        2). Such transfer shall be on a grant basis under section 516 of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
            (3) Egypt.--The Secretary of the Navy is authorized to 
        transfer to the Government of Egypt the ``NEWPORT'' class tank 
        landing ships BARBOUR COUNTY (LST 1195) and PEORIA (LST 1183). 
        Such transfers shall be on a sale basis under section 21 of the 
        Arms Export Control Act (22 U.S.C. 2761).
            (4) Greece.--The Secretary of the Navy is authorized to 
        transfer to the Government of Greece the ``KNOX'' class frigate 
        CONNOLE (FF 1056). Such transfer shall be on a grant basis under 
        section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2321j).
            (5) Mexico.--The Secretary of the Navy is authorized to 
        transfer to the Government of Mexico the ``NEWPORT'' class tank 
        landing ship NEWPORT (LST 1179) and the ``KNOX'' class frigate 
        WHIPPLE (FF 1062). Such transfers shall be on a sale basis under 
        section 21 of the Arms Export Control Act (22 U.S.C. 2761).
            (6) Poland.--The Secretary of the Navy is authorized to 
        transfer to the Government of Poland the ``OLIVER HAZARD PERRY'' 
        class guided missile frigate CLARK (FFG 11). Such transfer shall 
        be on a grant basis under section 516 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2321j).
            (7) Taiwan.--The Secretary of the Navy is authorized to 
        transfer to the Taipei Economic and Cultural Representative 
        Office in the United States (which is the Taiwan instrumentality 
        designated pursuant to section 10(a) of the Taiwan Relations 
        Act) the ``NEWPORT'' class tank landing ship SCHENECTADY (LST 
        1185). Such transfer shall be on a sale basis under section 21 
        of the Arms Export Control Act (22 U.S.C. 2761).
            (8) Thailand.--The Secretary of the Navy is authorized to 
        transfer to the Government of Thailand the ``KNOX'' class 
        frigate TRUETT (FF 1095). Such transfer shall be on a grant 
        basis under section 516 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2321j).
            (9) Turkey.--The Secretary of the Navy is authorized to 
        transfer to the Government of Turkey the ``OLIVER HAZARD PERRY'' 
        class guided missile frigates FLATLEY (FFG 21) and JOHN A. MOORE 
        (FFG 19). Such transfers shall be on a sale basis under section 
        21 of the Arms Export Control Act (22 U.S.C. 2761).

    (b) Inapplicability of Aggregate Annual Limitation on Value of 
Transferred Excess Defense Articles.--The value of naval vessels 
authorized by subsection (a) to be transferred on a grant basis under 
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) 
shall not be included in the aggregate annual value of transferred 
excess defense articles which is subject to the aggregate annual 
limitation set forth in subsection (g) of that section.
    (c) Costs of Transfers.--Any expense of the United States in 
connection with a transfer authorized by subsection (a) shall be charged 
to the recipient.
    (d) Repair and Refurbishment in United States Shipyards.--To the 
maximum extent practicable, the Secretary of the Navy shall require, as 
a condition of the transfer of a vessel under

[[Page 113 STAT. 746]]

subsection (a), that the country to which the vessel is transferred have 
such repair or refurbishment of the vessel as is needed, before the 
vessel joins the naval forces of that country, performed at a shipyard 
located in the United States, including a United States Navy shipyard.
    (e) Expiration of Authority.--The authority granted by subsection 
(a) shall expire at the end of the two-year period beginning on the date 
of the enactment of this Act.

   Subtitle C--Support for Civilian Law Enforcement and Counter Drug 
                               Activities

SEC. 1021. MODIFICATION OF LIMITATION ON FUNDING ASSISTANCE FOR 
                          PROCUREMENT OF EQUIPMENT FOR THE 
                          NATIONAL GUARD FOR DRUG INTERDICTION AND 
                          COUNTER-DRUG ACTIVITIES.

    Section 112(a)(3) of title 32, United States Code, is amended by 
striking ``per purchase order'' in the second sentence and inserting 
``per item''.
SEC. 1022. TEMPORARY EXTENSION TO CERTAIN NAVAL AIRCRAFT OF COAST 
                          GUARD AUTHORITY FOR DRUG INTERDICTION 
                          ACTIVITIES.

    (a) Inclusion as Authorized Aircraft.--Subsection (c) of section 637 
of title 14, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) subject to subsection (d), it is a naval aircraft that 
        has one or more members of the Coast Guard on board and is 
        operating from a surface naval vessel described in paragraph 
        (2).''.

    (b) Duration of Inclusion.--Such section is further amended by 
adding at the end the following new subsection:
    ``(d)(1) The inclusion of naval aircraft as an authorized aircraft 
for purposes of this section shall be effective only after the end of 
the 30-day period beginning on the date the report required by paragraph 
(2) is submitted through September 30, 2001.
    ``(2) <<NOTE: Deadline.>> Not later than August 1, 2000, the 
Secretary of Defense shall submit to the Committee on Armed Services of 
the House of Representatives and the Committee on Armed Services of the 
Senate a report containing--
            ``(A) an analysis of the benefits and risks associated with 
        using naval aircraft to perform the law enforcement activities 
        authorized by subsection (a);
            ``(B) an estimate of the extent to which the Secretary 
        expects to implement the authority provided by this section; and
            ``(C) an analysis of the effectiveness and applicability to 
        the Department of Defense of the Coast Guard program known as 
        the `New Frontiers' program.''.

[[Page 113 STAT. 747]]

SEC. 1023. MILITARY <<NOTE: 10 USC 382 note.>> ASSISTANCE TO CIVIL 
                          AUTHORITIES TO RESPOND TO ACT OR THREAT 
                          OF TERRORISM.

    (a) Authority to Provide Assistance.--The Secretary of Defense, upon 
the request of the Attorney General, may provide assistance to civil 
authorities in responding to an act of terrorism or threat of an act of 
terrorism, including an act of terrorism or threat of an act of 
terrorism that involves a weapon of mass destruction, within the United 
States, if the Secretary determines that--
            (1) special capabilities and expertise of the Department of 
        Defense are necessary and critical to respond to the act of 
        terrorism or the threat of an act of terrorism; and
            (2) the provision of such assistance will not adversely 
        affect the military preparedness of the Armed Forces.

    (b) Nature of Assistance.--Assistance provided under subsection (a) 
may include the deployment of Department of Defense personnel and the 
use of any Department of Defense resources to the extent and for such 
period as the Secretary of Defense determines necessary to prepare for, 
prevent, or respond to an act or threat of an act of terrorism described 
in that subsection. Actions taken to provide the assistance may include 
the prepositioning of Department of Defense personnel, equipment, and 
supplies.
    (c) Reimbursement.--(1) Except as provided in paragraph (2), 
assistance provided under this section shall be provided on a 
reimbursable basis. Notwithstanding any other provision of law, the 
amounts of reimbursement shall be limited to the amounts of the 
incremental costs incurred by the Department of Defense to provide the 
assistance.
    (2) In extraordinary circumstances, the Secretary of Defense may 
waive the requirement for reimbursement if the Secretary determines that 
such a waiver is in the national security interests of the United States 
and submits to Congress a notification of the determination.
    (3) If funds are appropriated for the Department of Justice to cover 
the costs of responding to an act or threat of an act of terrorism for 
which assistance is provided under subsection (a), the Attorney General 
shall reimburse the Department of Defense out of such funds for the 
costs incurred by the Department in providing the assistance, without 
regard to whether the assistance was provided on a nonreimbursable basis 
pursuant to a waiver under paragraph (2).
    (d) Annual Limitation on Funding.--Not more than $10,000,000 may be 
obligated to provide assistance under subsection (a) during any fiscal 
year.
    (e) Personnel Restrictions.--In providing assistance under this 
section, a member of the Army, Navy, Air Force, or Marine Corps may not, 
unless otherwise authorized by law--
            (1) directly participate in a search, seizure, arrest, or 
        other similar activity; or
            (2) collect intelligence for law enforcement purposes.

    (f) Nondelegability of Authority.--(1) The Secretary of Defense may 
not delegate to any other official the authority to make determinations 
and to authorize assistance under this section.
    (2) The Attorney General may not delegate to any other official 
authority to make a request for assistance under subsection (a).

[[Page 113 STAT. 748]]

    (g) Relationship to Other Authority.--The authority provided in this 
section is in addition to any other authority available to the Secretary 
of Defense, and nothing in this section shall be construed to restrict 
any authority regarding use of members of the Armed Forces or equipment 
of the Department of Defense that was in effect before the date of the 
enactment of this Act.
    (h) Definitions.--In this section:
            (1) Threat of an act of terrorism.--The term ``threat of an 
        act of terrorism'' includes any circumstance providing a basis 
        for reasonably anticipating an act of terrorism, as determined 
        by the Secretary of Defense in consultation with the Attorney 
        General and the Secretary of the Treasury.
            (2) Weapon of mass destruction.--The term ``weapon of mass 
        destruction'' has the meaning given the term in section 1403 of 
        the Defense Against Weapons of Mass Destruction Act of 1996 (50 
        U.S.C. 2302(1)).

    (i) Duration of Authority.--The authority provided by this section 
applies during the period beginning on October 1, 1999, and ending on 
September 30, 2004.
SEC. 1024. CONDITION <<NOTE: 10 USC 124 note.>> ON DEVELOPMENT OF 
                          FORWARD OPERATING LOCATIONS FOR UNITED 
                          STATES SOUTHERN COMMAND COUNTER-DRUG 
                          DETECTION AND MONITORING FLIGHTS.

    (a) Condition.--Except as provided in subsection (b), 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.
    (b) Exception.--The limitation in subsection (a) does not apply to 
an unspecified minor military construction project authorized by section 
2805 of title 10, United States Code.
SEC. 1025. ANNUAL <<NOTE: 10 USC 113 note.>> REPORT ON UNITED 
                          STATES MILITARY ACTIVITIES IN COLOMBIA.

    Not <<NOTE: Deadline.>> later than January 1 of each year, the 
Secretary of Defense shall submit to the Committee on Armed Services and 
the Committee on Foreign Relations of the Senate and the Committee on 
Armed Services and the Committee on International Relations of the House 
of Representatives a report detailing the number of members of the 
United States Armed Forces 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. 1026. REPORT ON USE OF RADAR SYSTEMS FOR COUNTER-DRUG 
                          DETECTION AND MONITORING.

    Not <<NOTE: Deadline.>> later than May 1, 2000, the Secretary of 
Defense shall submit to the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the Senate a 
report containing an evaluation of the effectiveness of the Wide 
Aperture Radar Facility, Tethered Aerostat Radar System, Ground

[[Page 113 STAT. 749]]

Mobile Radar, and Relocatable Over-The-Horizon Radar in maritime, air, 
and land counter-drug detection and monitoring.
SEC. 1027. PLAN REGARDING ASSIGNMENT OF MILITARY PERSONNEL TO 
                          ASSIST IMMIGRATION AND NATURALIZATION 
                          SERVICE AND CUSTOMS SERVICE.

    (a) Preparation of Plan.--(1) The Secretary of Defense shall prepare 
a plan to assign members of the Army, Navy, Air Force, or Marine Corps 
to assist the Immigration and Naturalization Service or the United 
States Customs Service should the President determine, and the Attorney 
General or the Secretary of the Treasury, as the case may be, certify, 
that military personnel are required to respond to a threat to national 
security posed by the entry into the United States of terrorists or drug 
traffickers.
    (2) The Secretary shall ensure that activities proposed to be 
performed by military personnel under the plan are consistent with 
section 1385 of title 18, United States Code (popularly known as the 
Posse Comitatus Act), and shall include in the plan a training program 
for military personnel who would be assigned to assist Federal law 
enforcement agencies--
            (A) in preventing the entry of terrorists and drug 
        traffickers into the United States; and
            (B) in the inspection of cargo, vehicles, and aircraft at 
        points of entry into the United States for weapons of mass 
        destruction, prohibited narcotics, or other terrorist or drug 
        trafficking items.

    (b) Report on Use of Military Personnel to Support Civilian Law 
Enforcement.--Not <<NOTE: Deadline.>> later than May 1, 2000, the 
Secretary of Defense shall submit to the Committee on Armed Services of 
the House of Representatives and the Committee on Armed Services of the 
Senate a report containing--
            (1) the plan required by subsection (a);
            (2) a discussion of the risks and benefits associated with 
        using military personnel to provide the law enforcement support 
        described in subsection (a)(2);
            (3) recommendations regarding the functions outlined in the 
        plan most appropriate to be performed by military personnel; and
            (4) the total number of active and reserve members, and 
        members of the National Guard whose activities were supported 
        using funds provided under section 112 of title 32, United 
        States Code, who participated in drug interdiction activities or 
        otherwise provided support for civilian law enforcement during 
        fiscal year 1999.

        Subtitle D--Miscellaneous Report Requirements and Repeals

SEC. 1031. 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), 662(b), 946,

[[Page 113 STAT. 750]]

        1464(c), 2006(e)(3), 2010, 2011(e), 2391(c), 2431(a), 2432, 
        2457(d), 2461(g), 2537, 2662(b), 2706, 2859, 2861, 2902(g)(2), 
        4542(g)(2), 7424(b), 7425(b), 7431(c), 10541, 12302(d), and 
        16137.
            (2) Section 1121(f) of the National Defense Authorization 
        Act for Fiscal Year 1988 and 1989 (Public Law 100-180; 10 U.S.C. 
        113 note).
            (3) Section 1405 of the Defense Dependents' Education Act of 
        1978 (20 U.S.C. 924).
            (4) Section 1411(b) of the Barry Goldwater Scholarship and 
        Excellence in Education Act (20 U.S.C. 4710(b)).
            (5) Section 1097 of the National Defense Authorization Act 
        for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note).
            (6) Section 30A(d) of the Arms Export Control Act (22 U.S.C. 
        2770a(d)).
            (7) Sections 1516(f) and 1518(c) of the Armed Forces 
        Retirement Home Act of 1991 (Public Law 101-510; 24 U.S.C. 
        416(f), 418(c)).
            (8) Sections 3554(e)(2) and 9503(a) of title 31, United 
        States Code.
            (9) Section 300110(b) of title 36, United States Code.
            (10) Sections 301a(f) and 1008 of title 37, United States 
        Code.
            (11) Section 8111(f) of title 38, United States Code.
            (12) Section 205(b) of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 486(b)).
            (13) Section 3732 of the Revised Statutes, popularly known 
        as the ``Food and Forage Act'' (41 U.S.C. 11).
            (14) Section 101(b)(6) of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)).
            (15) Section 1436(e) of the National Defense Authorization 
        Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 note).
            (16) Section 165 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6245).
            (17) Section 603(e) of the National Science and Technology 
        Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
        6683(e)).
            (18) Section 822(b) of the National Defense Authorization 
        Act for Fiscal Years 1992 and 1993 (42 U.S.C. 6687(b)).
            (19) Section 208 of the Department of Energy National 
        Security and Military Applications of Nuclear Energy 
        Authorization Act of 1979 (42 U.S.C. 7271).
            (20) Section 3134 of the National Defense Authorization Act 
        for Fiscal Year 1991 (42 U.S.C. 7274c).
            (21) Section 3135 of the National Defense Authorization Act 
        for Fiscal Years 1992 and 1993 (42 U.S.C. 7274g).
            (22) Section 12 of the Act of March 9, 1920 (popularly known 
        as the ``Suits in Admiralty Act'') (46 App. U.S.C. 752).
            (23) Sections 208, 901(b)(2), and 1211 of the Merchant 
        Marine Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291).
            (24) Sections 11 and 14 of the Strategic and Critical 
        Materials Stock Piling Act (50 U.S.C. 98h-2, 98h-5).
            (25) Section 108 of the National Security Act of 1947 (50 
        U.S.C. 404a).

[[Page 113 STAT. 751]]

            (26) Section 4 of the Act entitled ``An Act to authorize the 
        making, amending, and modification of contracts to facilitate 
        the national defense'', approved August 28, 1958 (50 U.S.C. 
        1434).
            (27) Section 1412(g) of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521(g)).
            (28) Section 3 of the Authorization for Use of Military 
        Force Against Iraq Resolution (50 U.S.C. 1541 note).
            (29) Sections 202(d) and 401(c) of the National Emergencies 
        Act (50 U.S.C. 1622(d), 1641(c)).
            (30) Section 10(g) of the Military Selective Service Act (50 
        U.S.C. App. 460(g)).
            (31) Section 708 of the Defense Production Act of 1950 (50 
        U.S.C. App. 2158).
            (32) Section 703(g) of the Military Construction 
        Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1376).
            (33) Section 704 of the Military Construction Authorization 
        Act, 1982 (Public Law 97-99; 95 Stat. 1377).
            (34) Section 113(b) of the National Defense Authorization 
        Act for Fiscal Year 1990 and 1991 (Public Law 101-189; 103 Stat. 
        1373).
SEC. 1032. REPEAL OF CERTAIN REPORTING REQUIREMENTS NOT PRESERVED.

    (a) Repeal of Provisions of Title 10, United States Code.--Title 10, 
United States Code, is amended as follows:
            (1) Section 2201(d) is amended--
                    (A) by striking paragraph (2);
                    (B) by striking ``; and'' at the end of paragraph 
                (1) and inserting a period; and
                    (C) by striking ``Defense--'' and all that follows 
                through ``(1) shall'' and inserting ``Defense shall''.
            (2) Section 2313(b) is amended by striking paragraph (4).
            (3) Section 2350g is amended--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsections (c) and (d) as 
                subsections (b) and (c), respectively.

    (b) Repeal of Other Provisions of Law.--The following provisions of 
law are repealed:
            (1) Section 224 of the National Defense Authorization Act 
        for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 
        2431 note).
            (2) Section 3059(c) of the Anti-Drug Abuse Act of 1986 
        (Public Law 99-570; 10 U.S.C. 9441 note).
            (3) Section 7606 of the Anti-Drug Abuse Act of 1988 (Public 
        Law 100-690; 10 U.S.C. 9441 note).
            (4) Section 1002(d) of the Department of Defense 
        Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928 
        note).
SEC. 1033. REPORTS ON RISKS UNDER NATIONAL MILITARY STRATEGY AND 
                          COMBATANT COMMAND REQUIREMENTS.

    Section 153 of title 10, United States Code, is amended by adding at 
the end the following new subsections:
    ``(c) Risks <<NOTE: Deadline.>> 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

[[Page 113 STAT. 752]]

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.
    ``(d) Annual <<NOTE: Deadline.>> Report on Combatant Command 
Requirements.--(1) Not later than August 15 of each year, the Chairman 
shall submit to the committees of Congress named in paragraph (2) a 
report on the requirements of the combatant commands established under 
section 161 of this title. The report shall contain the following:
            ``(A) A consolidation of the integrated priority lists of 
        requirements of the combatant commands.
            ``(B) The Chairman's views on the consolidated lists.

    ``(2) The committees of Congress referred to in paragraph (1) are 
the Committees on Armed Services and the Committees on Appropriations of 
the Senate and House of Representatives.''.
SEC. 1034. REPORT ON LIFT AND PREPOSITIONED SUPPORT REQUIREMENTS 
                          TO SUPPORT NATIONAL MILITARY STRATEGY.

    (a) Report <<NOTE: Deadline.>> Required.--Not later than February 
15, 2000, the Secretary of Defense shall submit to Congress a report, in 
both classified and unclassified form, describing the strategic, 
theater, operational, and tactical requirements for airlift, sealift, 
surface transportation, and prepositioned war material necessary to 
carry out the full range of missions included in the National Military 
Strategy prescribed by the Chairman of the Joint Chiefs of Staff under 
the postures of force engagement anticipated through 2005.

    (b) Content of Report.--The report shall address the following:
            (1) A review of the study conducted by the Air Force during 
        1999 on oversize/outsize airlift cargo requirements, including a 
        risk assessment and an evaluation of alternatives.
            (2) A review of the study of the Chairman of the Joint 
        Chiefs of Staff conducted during 1999 designated as the ``Joint 
        Chiefs of Staff Mobility Requirements Study 05'', including a 
        risk assessment, an evaluation of alternatives, and a validation 
        of the analyses done by the Joint Staff for that study 
        concerning each of the following:
                    (A) The identity, size, structure, and capabilities 
                of the airlift and sealift requirements for the full 
                range of shaping, preparing, and responding missions 
                called for under the National Military Strategy.
                    (B) 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.

[[Page 113 STAT. 753]]

                    (C) 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.
                    (D) The effect on mobility requirements of new 
                service force structures such as the Air Force's Air 
                Expeditionary Force, the Army's Strike Force, the Marine 
                Corps' operational maneuver-from-the-sea concept and 
                supporting concepts including Ship-to-Objective 
                Maneuver, Maritime Prepositioning Forces 2010, and 
                Seabased Logistics, and any foreseeable force structure 
                modifications through 2005.
                    (E) The need to deploy forces strategically and 
                employ them tactically using the same lift platform.
                    (F) The anticipated role of host nation, foreign, 
                and coalition airlift and sealift support, and the 
                anticipated requirements for United States lift assets 
                to support coalition forces, through 2005.
                    (G) Alternatives to the current mobility program or 
                required modifications to the 1998 Air Mobility Master 
                Plan update.
            (3) A review of the Army, Air Force, and Marine Corps 
        maritime prepositioned ship requirements and modernization plan.

    (c) Intra-Theater <<NOTE: Deadline.>> Requirements Report.--Not 
later than December 1, 2000, the Secretary of Defense shall submit to 
Congress a report, in both classified and unclassified form, describing 
the intra-theater requirements for airlift, small-craft lift, and 
surface transportation necessary to carry out the full range of missions 
included in the National Military Strategy prescribed by the Chairman of 
the Joint Chiefs of Staff under the postures of force engagement 
anticipated through 2005.
SEC. 1035. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE THE 
                          NATIONAL MILITARY STRATEGY.

    (a) Report.--Not <<NOTE: Deadline.>> later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives a report in unclassified form assessing the effect of 
continued operations in the Balkans region on--
            (1) the ability of the Armed Forces to successfully meet 
        other regional contingencies; and
            (2) the readiness of the Armed Forces to execute the 
        National Military Strategy.

    (b) Matters To Be Included.--The report under subsection (a) shall 
include the following:
            (1) All models used by the Chairman of the Joint Chiefs of 
        Staff to assess the capability of the United States to execute 
        the full range of missions under the National Military Strategy 
        and all other models used by the Armed Forces to assess that 
        capability.
            (2) Separate assessments that would result from the use of 
        those models if it were necessary to execute the full range of 
        missions called for under the National Military Strategy under 
        each of the scenarios set forth in subsection (c), including the 
        levels of casualties the United States would be projected to 
        incur.

[[Page 113 STAT. 754]]

            (3) Assumptions made about the readiness levels of major 
        units included in each such assessment, including equipment, 
        personnel, and training readiness and sustainment ability.
            (4) The increasing levels of casualties that would be 
        projected under each such scenario over a range of risks of 
        prosecuting two Major Theater Wars that proceeds from low-
        moderate risk to moderate-high risk.
            (5) An estimate of--
                    (A) the total resources needed to attain a moderate-
                high risk under those scenarios;
                    (B) the total resources needed to attain a low-
                moderate risk under those scenarios; and
                    (C) the incremental resources needed to decrease the 
                level of risk from moderate-high to low-moderate.

    (c) Scenarios To Be Used.--The scenarios to be used for purposes of 
paragraphs (1), (2), and (3) of subsection (b) are the following:
            (1) That while the Armed Forces are engaged in operations at 
        the level of the operations ongoing as of the date of the 
        enactment of this Act, international armed conflict begins--
                    (A) on the Korean peninsula; and
                    (B) first on the Korean peninsula and then 45 days 
                later in Southwest Asia.
            (2) That while the Armed Forces are engaged in operations at 
        the peak level reached during Operation Allied Force against the 
        Federal Republic of Yugoslavia, international armed conflict 
        begins--
                    (A) on the Korean peninsula; and
                    (B) first on the Korean peninsula and then 45 days 
                later in Southwest Asia.

    (d) Consultation.--In preparing the report under this section, the 
Secretary of Defense shall consult with the Chairman of the Joint Chiefs 
of Staff, the commanders of the unified commands, the Secretaries of the 
military departments, and the heads of the combat support agencies and 
other such entities within the Department of Defense as the Secretary 
considers necessary.
SEC. 1036. REPORT ON RAPID ASSESSMENT AND INITIAL DETECTION TEAMS.

    (a) Report.--Not <<NOTE: Deadline.>> later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to Congress a report on the Department's plans for establishing and 
deploying Rapid Assessment and Initial Detection (RAID) teams for 
responses to incidents involving a weapon of mass destruction. The 
report shall include the following:
            (1) A description of the capabilities of a RAID team and a 
        comparison of those capabilities to the capabilities of other 
        Federal, State, and local WMD responders.
            (2) An assessment of the manner in which a RAID team 
        complements the mission, functions, and capabilities of other 
        Federal, State, and local WMD responders.
            (3) The Department's plan for conducting realistic exercises 
        involving RAID teams, including exercises with other Federal, 
        State, and local WMD responders.
            (4) A description of the command and control relationships 
        between the RAID teams and Federal, State, and local WMD 
        responders.

[[Page 113 STAT. 755]]

            (5) An assessment of the degree to which States have 
        integrated, or are planning to integrate, RAID teams into other-
        than-weapon-of-mass-destruction missions of State or local WMD 
        responders.
            (6) A specific description and analysis of the procedures 
        that have been established or agreed to by States for the use in 
        one State of a RAID team that is based in another State.
            (7) An identification of those States where the deployment 
        of out-of-State RAID teams is not governed by existing 
        interstate compacts.
            (8) An assessment of the Department's progress in developing 
        an appropriate national level compact for interstate sharing of 
        resources that would facilitate consistent and effective 
        procedures for the use of out-of-State RAID teams.
            (9) An assessment of the measures that will be taken to 
        recruit, train, maintain the proficiency of, and retain members 
        of the RAID teams, to include those measures to provide for 
        their career progression.

    (b) Definitions.--In this section:
            (1) The term ``Rapid Assessment and Initial Detection team'' 
        or ``RAID team'' refers to a military unit comprised of Active 
        Guard and Reserve personnel organized, trained, and equipped to 
        conduct domestic missions in the United States in response to 
        the use of, or threatened use of, a weapon of mass destruction.
            (2) The term ``WMD responder'' means an organization 
        responsible for responding to an incident involving a weapon of 
        mass destruction.
            (3) The term ``weapon of mass destruction'' has the meaning 
        given that term in section 1403(1) of the Defense Against 
        Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1037. REPORT ON UNIT READINESS OF UNITS CONSIDERED TO BE 
                          ASSETS OF CONSEQUENCE MANAGEMENT PROGRAM 
                          INTEGRATION OFFICE.

    (a) Joint Readiness Review.--(1) The Secretary of Defense shall 
include in the quarterly readiness report submitted to Congress under 
section 482 of title 10, United States Code, for the first quarter 
beginning after the date of the enactment of this Act an assessment of 
the readiness, training status, and future funding requirements of all 
active and reserve component units that (as of the date of the enactment 
of this Act) are considered assets of the Consequence Management Program 
Integration Office of the Department of Defense.
    (2) The Secretary shall set forth the assessment under paragraph (1) 
as an annex to the quarterly report referred to in that paragraph. The 
Secretary shall include in that annex a detailed description of how the 
active and reserve component units referred to in that paragraph are 
integrated with the Rapid Assessment and Initial Detection Teams in the 
overall Consequence Management Program Integration Office of the 
Department of Defense.
    (b) Decontamination Readiness Plan.--The Secretary of Defense shall 
prepare a decontamination readiness plan for the Consequence Management 
Program Integration Office of the Department of Defense. The plan shall 
include the following:

[[Page 113 STAT. 756]]

            (1) The actions necessary to ensure that the units of the 
        Armed Forces designated to carry out decontamination missions 
        are at the level of readiness necessary to carry out those 
        missions.
            (2) The funding necessary for attaining and maintaining the 
        level of readiness referred to in paragraph (1).
            (3) Procedures for ensuring that each decontamination unit 
        is available to respond to an incident in the United States that 
        involves a weapon of mass destruction within 12 hours after 
        being notified of the incident.
SEC. 1038. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND BUDGET 
                          SUBMISSION FOR FISCAL YEAR 2001.

    (a) Requirement for Report.--The Secretary of Defense shall submit 
to the congressional defense committees, on the date that the President 
submits the budget for fiscal year 2001 to Congress under section 
1105(a) of title 31, United States Code, a report on the relationship 
between the budget proposed for budget function 050 (National Defense) 
for that fiscal year and the then-current and emerging threats to the 
national security interests of the United States identified in the 
annual national security strategy report required under section 108 of 
the National Security Act of 1947 (50 U.S.C. 404a). The report shall be 
prepared in coordination with the Chairman of the Joint Chiefs of Staff 
and the Director of Central Intelligence.
    (b) Content.--The report shall contain the following:
            (1) A detailed description of the threats referred to in 
        subsection (a).
            (2) An analysis of those threats in terms of the probability 
        that an attack or other threat event will actually occur, the 
        military challenge posed by those threats, and the potential 
        damage that those threats could have to the national security 
        interests of the United States.
            (3) An analysis of the allocation of funds in the fiscal 
        year 2001 budget and the future-years defense program that 
        addresses each of those threats.
            (4) A justification for each major defense acquisition 
        program (as defined in section 2430 of title 10, United States 
        Code) that is provided for in the budget in light of the 
        description and analyses set forth in the report pursuant to 
        this subsection.

    (c) Form of Report.--The report shall be submitted in unclassified 
form, but may also be submitted in classified form if necessary.
SEC. 1039. REPORT <<NOTE: 10 USC 113 note.>> ON NATO DEFENSE 
                          CAPABILITIES INITIATIVE.

    (a) Findings.--Congress makes the following findings:
            (1) At the meeting of the North Atlantic Council held in 
        Washington, DC, in April 1999, the NATO Heads of State and 
        Governments launched a Defense Capabilities Initiative.
            (2) The Defense Capabilities Initiative is designed to 
        improve the defense capabilities of the individual nations of 
        the NATO Alliance to ensure the effectiveness of future 
        operations across the full spectrum of Alliance missions in the 
        present and foreseeable security environment.
            (3) Under the Defense Capabilities Initiative, special focus 
        will be given to improving interoperability among Alliance

[[Page 113 STAT. 757]]

        forces and to increasing defense capabilities through 
        improvements in the deployability and mobility of Alliance 
        forces, the sustainability and logistics of those forces, the 
        survivability and effective engagement capability of those 
        forces, and command and control and information systems.
            (4) The successful implementation of the Defense 
        Capabilities Initiative will serve to enable all members of the 
        Alliance to make a more equitable contribution to the full 
        spectrum of Alliance missions, thereby increasing burdensharing 
        within the Alliance and enhancing the ability of European 
        members of the Alliance to undertake operations pursuant to the 
        European Security and Defense Identity within the Alliance.

    (b) Annual <<NOTE: Deadline.>> Report.--(1) Not later than January 
31 of each year, the Secretary of Defense shall submit to the Committees 
on Armed Services and Foreign Relations of the Senate and the Committees 
on Armed Services and International Relations of the House of 
Representatives a report, to be prepared in consultation with the 
Secretary of State, on implementation of the Defense Capabilities 
Initiative by the nations of the NATO Alliance. The report shall include 
the following:
            (A) A discussion of the work of the temporary High-Level 
        Steering Group, or any successor group, established to oversee 
        the implementation of the Defense Capabilities Initiative and to 
        meet the requirement of coordination and harmonization among 
        relevant planning disciplines.
            (B) A description of the actions taken, including 
        implementation of the Multinational Logistics Center concept and 
        development of the C3 system architecture, by the Alliance as a 
        whole to further the Defense Capabilities Initiative.
            (C) A description of the actions taken by each member of the 
        Alliance other than the United States to improve the 
        capabilities of its forces in each of the following areas:
                    (i) Interoperability with forces of other Alliance 
                members.
                    (ii) Deployability and mobility.
                    (iii) Sustainability and logistics.
                    (iv) Survivability and effective engagement 
                capability.
                    (v) Command and control and information systems.

    (2) The report shall be submitted in unclassified form, but may also 
be submitted in classified form if necessary.
SEC. 1040. REPORT ON MOTOR VEHICLE VIOLATIONS BY OPERATORS OF 
                          OFFICIAL ARMY VEHICLES.

    (a) Review Required.--The Secretary of the Army shall review the 
incidence during fiscal year 1999 of the violation of motor vehicle laws 
by operators of official Army motor vehicles. To the extent practicable, 
the review shall include all such violations for which citations were 
issued (including infractions relating to parking), other than 
violations occurring on a military installation, regardless of whether 
or not a fine was paid for the violation.
    (b) Report.--Not <<NOTE: Deadline.>> later than March 31, 2000, the 
Secretary shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives a 
report on the results of the review under subsection (a). The report 
shall include the following:
            (1) The number of the citations described in subsection (a), 
        shown separately by principal jurisdiction.

[[Page 113 STAT. 758]]

            (2) An estimate of the total amount of the fines that are 
        associated with those citations, shown separately by principal 
        jurisdiction.
            (3) Any actions taken by the Secretary or recommendations 
        that the Secretary considers appropriate to reduce the 
        prevalence of such violations.

    (c) Motor Vehicle Laws.--For purposes of this section, the term 
``motor vehicle law'' means a law (including a regulation, ordinance, or 
other measure) that regulates the operation or parking of a motor 
vehicle within the jurisdiction of the governmental entity establishing 
the law.
    (d) Principal Jurisdiction.--For purposes of this section, the term 
``principal jurisdiction'' means a State, territory, or Commonwealth, 
the District of Columbia, or a foreign nation.

                    Subtitle E--Information Security

SEC. 1041. 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 after section 229, as added by section 932(b), the 
following new section:

``Sec. 230. Amounts for declassification of records

    ``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 No. 12958 (50 U.S.C. 435 note) or any successor 
Executive order or to comply with any statutory requirement, or any 
request, to declassify Government records.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 229, as added by 
section 932(b), the following new item:

``230. 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 
declassification activities under the provisions of section 3.4 of 
Executive Order No. 12958 (50 U.S.C. 435 note) may not exceed the 
Department's planned expenditure level of $51,000,000.
    (c) Certification <<NOTE: 50 USC 435 note.>> Required With Respect 
To Automatic Declassification of Records.--No records of the Department 
of Defense that have not been reviewed for declassification shall be 
subject to automatic declassification unless the Secretary of Defense 
certifies to Congress that such declassification would not harm the 
national security.

    (d) Report <<NOTE: 50 USC 435 note. Deadline.>> on Automatic 
Declassification of Department of Defense Records.--Not later than 
February 1, 2001, the Secretary of Defense shall submit to the Committee 
on Armed Services of the House of Representatives and the Committee on 
Armed Services of the Senate a report on the efforts of the Department

[[Page 113 STAT. 759]]

of Defense relating to the declassification of classified records under 
the control of the Department of Defense. Such report shall include the 
following:
            (1) An assessment of whether the Department will be able to 
        review all relevant records for declassification before any date 
        established for automatic declassification.
            (2) An estimate of the cost of reviewing records to meet any 
        requirement to review all relevant records for declassification 
        by a date established for automatic declassification.
            (3) An estimate of the number of records, if any, that the 
        Department will be unable to review for declassification before 
        any such date and the affect on national security of the 
        automatic declassification of those records.
            (4) An estimate of the length of time by which any such date 
        would need to be extended to avoid the automatic 
        declassification of records that have not yet been reviewed as 
        of such date.
SEC. 1042. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN SECURITY 
                          AND COUNTERINTELLIGENCE FAILURES WITHIN 
                          DEFENSE PROGRAMS.

    (a) In General.--Chapter 161 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2723. Notice to congressional committees of certain 
                  security and counterintelligence failures within 
                  defense programs

    ``(a) Required Notification.--The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a notification of each security or counterintelligence 
failure or compromise of classified information relating to any defense 
operation, system, or technology of the United States that the Secretary 
considers likely to cause significant harm or damage to the national 
security interests of the United States. The Secretary shall consult 
with the Director of Central Intelligence and the Director of the 
Federal Bureau of Investigation, as appropriate, before submitting any 
such notification.
    ``(b) Manner of Notification.--Notification of a failure or 
compromise of classified information under subsection (a) shall be 
provided, in accordance with the procedures established pursuant to 
subsection (c), not later than 30 days after the date on which the 
Department of Defense determines that the failure or compromise has 
taken place.
    ``(c) Procedures.--The Secretary of Defense and the Committees on 
Armed Services of the Senate and House of Representatives shall each 
establish such procedures as may be necessary to protect from 
unauthorized disclosure classified information, information relating to 
intelligence sources and methods, and sensitive law enforcement 
information that is submitted to those committees pursuant to this 
section and that are otherwise necessary to carry out the provisions of 
this section.
    ``(d) Statutory Construction.--(1) Nothing in this section shall be 
construed as authority to withhold any information from the Committees 
on Armed Services of the Senate and House of Representatives on the 
grounds that providing the information to those committees would 
constitute the unauthorized disclosure of

[[Page 113 STAT. 760]]

classified information, information relating to intelligence sources and 
methods, or sensitive law enforcement information.
    ``(2) Nothing in this section shall be construed to modify or 
supersede any other requirement to report information on intelligence 
activities to the Congress, including the requirement under section 501 
of the National Security Act of 1947 (50 U.S.C. 413).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:
``2723. Notice to congressional committees of certain security and 
            counterintelligence failures within defense programs.''.

SEC. 1043. INFORMATION ASSURANCE INITIATIVE.

    (a) In General.--Chapter 131 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 2224. Defense Information Assurance Program

    ``(a) Defense Information Assurance Program.--The Secretary of 
Defense shall carry out a program, to be known as the `Defense 
Information Assurance Program', to protect and defend Department of 
Defense information, information systems, and information networks that 
are critical to the Department and the armed forces during day-to-day 
operations and operations in times of crisis.
    ``(b) Objectives of the Program.--The objectives of the program 
shall be to provide continuously for the availability, integrity, 
authentication, confidentiality, nonrepudiation, and rapid restitution 
of information and information systems that are essential elements of 
the Defense Information Infrastructure.
    ``(c) Program Strategy.--In carrying out the program, the Secretary 
shall develop a program strategy that encompasses those actions 
necessary to assure the readiness, reliability, continuity, and 
integrity of Defense information systems, networks, and infrastructure. 
The program strategy shall include the following:
            ``(1) A vulnerability and threat assessment of elements of 
        the defense and supporting nondefense information 
        infrastructures that are essential to the operations of the 
        Department and the armed forces.
            ``(2) Development of essential information assurances 
        technologies and programs.
            ``(3) Organization of the Department, the armed forces, and 
        supporting activities to defend against information warfare.
            ``(4) Joint activities of the Department with other 
        departments and agencies of the Government, State and local 
        agencies, and elements of the national information 
        infrastructure.
            ``(5) The conduct of exercises, war games, simulations, 
        experiments, and other activities designed to prepare the 
        Department to respond to information warfare threats.
            ``(6) Development of proposed legislation that the Secretary 
        considers necessary for implementing the program or for 
        otherwise responding to the information warfare threat.

    ``(d) Coordination.--In carrying out the program, the Secretary 
shall coordinate, as appropriate, with the head of any relevant Federal 
agency and with representatives of those national critical information 
infrastructure systems that are essential to the operations of the 
Department and the armed forces on information assurance measures 
necessary to the protection of these systems.

[[Page 113 STAT. 761]]

    ``(e) Annual Report.--Each year, at or about the time the President 
submits the annual budget for the next fiscal year pursuant to section 
1105 of title 31, the Secretary shall submit to Congress a report on the 
Defense Information Assurance Program. Each report shall include the 
following:
            ``(1) Progress in achieving the objectives of the program.
            ``(2) A summary of the program strategy and any changes in 
        that strategy.
            ``(3) A description of the information assurance activities 
        of the Office of the Secretary of Defense, Joint Staff, unified 
        and specified commands, Defense Agencies, military departments, 
        and other supporting activities of the Department of Defense.
            ``(4) Program and budget requirements for the program for 
        the past fiscal year, current fiscal year, budget year, and each 
        succeeding fiscal year in the remainder of the current future-
        years defense program.
            ``(5) An identification of critical deficiencies and 
        shortfalls in the program.
            ``(6) Legislative proposals that would enhance the 
        capability of the Department to execute the program.

    ``(f) Information Assurance Test Bed.--The Secretary shall develop 
an information assurance test bed within the Department of Defense to 
provide--
            ``(1) an integrated organization structure to plan and 
        facilitate the conduct of simulations, war games, exercises, 
        experiments, and other activities to prepare and inform the 
        Department regarding information warfare threats; and
            ``(2) organization and planning means for the conduct by the 
        Department of the integrated or joint exercises and experiments 
        with elements of the national information systems infrastructure 
        and other non-Department of Defense organizations that are 
        responsible for the oversight and management of critical 
        information systems and infrastructures on which the Department, 
        the armed forces, and supporting activities depend for the 
        conduct of daily operations and operations during crisis.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2224. Defense Information Assurance Program.''.

SEC. 1044. NONDISCLOSURE OF INFORMATION ON PERSONNEL OF OVERSEAS, 
                          SENSITIVE, OR ROUTINELY DEPLOYABLE 
                          UNITS.

    (a) In General.--Chapter 3 of title 10, United States Code, is 
amended by inserting after section 130a the following new section:
``Sec. 130b. Personnel in overseas, sensitive, or routinely 
                  deployable units: nondisclosure of personally 
                  identifying information

    ``(a) Exemption From Disclosure.--The Secretary of Defense and, with 
respect to the Coast Guard when it is not operating as a service in the 
Navy, the Secretary of Transportation may, notwithstanding section 552 
of title 5, authorize to be withheld from disclosure to the public 
personally identifying information regarding--

[[Page 113 STAT. 762]]

            ``(1) any member of the armed forces assigned to an overseas 
        unit, a sensitive unit, or a routinely deployable unit; and
            ``(2) any employee of the Department of Defense or of the 
        Coast Guard whose duty station is with any such unit.

    ``(b) Exceptions.--(1) The authority in subsection (a) is subject to 
such exceptions as the President may direct.
    ``(2) Subsection (a) does not authorize any official to withhold, or 
to authorize the withholding of, information from Congress.
    ``(c) Definitions.--In this section:
            ``(1) The term `personally identifying information', with 
        respect to any person, means the person's name, rank, duty 
        address, and official title and information regarding the 
        person's pay.
            ``(2) The term `unit' means a military organization of the 
        armed forces designated as a unit by competent authority.
            ``(3) The term `overseas unit' means a unit that is located 
        outside the United States and its territories.
            ``(4) The term `sensitive unit' means a unit that is 
        primarily involved in training for the conduct of, or 
        conducting, special activities or classified missions, 
        including--
                    ``(A) a unit involved in collecting, handling, 
                disposing, or storing of classified information and 
                materials;
                    ``(B) a unit engaged in training--
                          ``(i) special operations units;
                          ``(ii) security group commands weapons 
                      stations; or
                          ``(iii) communications stations; and
                    ``(C) any other unit that is designated as a 
                sensitive unit by the Secretary of Defense or, in the 
                case of the Coast Guard when it is not operating as a 
                service in the Navy, by the Secretary of Transportation.
            ``(5) The term `routinely deployable unit' means a unit that 
        normally deploys from its permanent home station on a periodic 
        or rotating basis to meet peacetime operational requirements 
        that, or to participate in scheduled training exercises that, 
        routinely require deployments outside the United States and its 
        territories. Such term includes a unit that is alerted for 
        deployment outside the United States and its territories during 
        an actual execution of a contingency plan or in support of a 
        crisis operation.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:
``130b. Personnel in overseas, sensitive, or routinely deployable units: 
            nondisclosure of personally identifying information.''.
SEC. 1045. NONDISCLOSURE OF CERTAIN OPERATIONAL FILES OF THE 
                          NATIONAL IMAGERY AND MAPPING AGENCY.

    (a) Authority To Withhold.--Subchapter II of chapter 22 of title 10, 
United States Code, is amended by adding at the end the following new 
section:

[[Page 113 STAT. 763]]

``Sec. 457. Operational files previously maintained by or 
                concerning activities of National Photographic 
                Interpretation Center: authority to withhold from 
                public disclosure

    ``(a) Authority.--The Secretary of Defense may withhold from public 
disclosure operational files described in subsection (b) to the same 
extent that operational files may be withheld under section 701 of the 
National Security Act of 1947 (50 U.S.C. 431).
    ``(b) Covered Operational Files.--The authority under subsection (a) 
applies to operational files in the possession of the National Imagery 
and Mapping Agency that--
            ``(1) as of September 22, 1996, were maintained by the 
        National Photographic Interpretation Center; or
            ``(2) concern the activities of the Agency that, as of such 
        date, were performed by the National Photographic Interpretation 
        Center.

    ``(c) Operational Files Defined.--In this section, the term 
`operational files' has the meaning given that term in section 701(b) of 
the National Security Act of 1947 (50 U.S.C. 431(b)).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:
``457. Operational files previously maintained by or concerning 
          activities of National Photographic Interpretation Center: 
          authority to withhold from public disclosure.''.

             Subtitle F--Memorial Objects and Commemorations

SEC. 1051. MORATORIUM <<NOTE: 10 USC 2572 note.>> ON THE RETURN OF 
                          VETERANS MEMORIAL OBJECTS TO FOREIGN 
                          NATIONS WITHOUT SPECIFIC AUTHORIZATION 
                          IN LAW.

    (a) Prohibition.--Notwithstanding section 2572 of title 10, United 
States Code, and any other provision of law, during the moratorium 
period specified in subsection (c) the President may not transfer a 
veterans memorial object to a foreign country or an entity controlled by 
a foreign government, or otherwise transfer or convey such an object to 
any person or entity for purposes of the ultimate transfer or conveyance 
of the object to a foreign country or entity controlled by a foreign 
government, unless such transfer is specifically authorized by law.
    (b) Definitions.--In this section:
            (1) Entity controlled by a foreign government.--The term 
        ``entity controlled by a foreign government'' has the meaning 
        given that term in section 2536(c)(1) of title 10, United States 
        Code.
            (2) Veterans memorial object.--The term ``veterans memorial 
        object'' means any object, including a physical structure or 
        portion thereof, that--
                    (A) is located at a cemetery of the National 
                Cemetery System, war memorial, or military installation 
                in the United States;
                    (B) is dedicated to, or otherwise memorializes, the 
                death in combat or combat-related duties of members of 
                the United States Armed Forces; and

[[Page 113 STAT. 764]]

                    (C) was brought to the United States from abroad as 
                a memorial of combat abroad.

    (c) Period of Moratorium.--The moratorium period for the purposes of 
this section is the period beginning on the date of the enactment of 
this Act and ending on September 30, 2001.
SEC. 1052. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE KOREAN 
                          WAR.

    (a) Period of Program.--Subsection (a) of section 1083 of the 
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1918; 10 U.S.C. 113 note) is amended by striking ``The 
Secretary of Defense'' and inserting ``During fiscal years 2000 through 
2004, the Secretary of Defense''.
    (b) Change of Name.--(1) Subsection (c) of such section, as amended 
by section 1067 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2134), <<NOTE: 10 
USC 113 note.>> is amended by striking `` `The Department of Defense 
Korean War Commemoration' '' and inserting `` `The United States of 
America Korean War Commemoration' ''.

    (2) The amendment made by paragraph (1) may not be construed to 
supersede rights that are established or vested before the date of the 
enactment of this Act.
    (3) Any reference to the Department of Defense Korean War 
Commemoration in any law, regulation, document, record, or other paper 
of the United States shall be considered to be a reference to the United 
States of America Korean War Commemoration.
    (c) Funding.--Subsection <<NOTE: 10 USC 113 note.>> (f) of such 
section is amended to read as follows:

    ``(f) Use of Funds.--(1) Funds appropriated for the Army for fiscal 
years 2000 through 2004 for operation and maintenance shall be available 
for the commemorative program authorized under subsection (a).
    ``(2) The total amount expended by the Department of Defense through 
the Department of Defense 50th Anniversary of the Korean War 
Commemoration Committee, an entity within the Department of the Army, to 
carry out the commemorative program authorized under subsection (a) for 
fiscal years 2000 through 2004 may not exceed $7,000,000.''.
    (d) Effective <<NOTE: 10 USC 113 note.>> Date.--The amendments made 
by this section shall take effect on October 1, 1999.
SEC. 1053. COMMEMORATION <<NOTE: 10 USC 113 note.>> OF THE VICTORY 
                          OF FREEDOM IN THE COLD WAR.

    (a) Findings.--Congress makes the following findings:
            (1) The Cold War between the United States and its allies 
        and the former Union of Soviet Socialist Republics and its 
        allies was the longest and most costly struggle for democracy 
        and freedom in the history of mankind.
            (2) Whether millions of people all over the world would live 
        in freedom hinged on the outcome of the Cold War.
            (3) Democratic countries bore the burden of the struggle and 
        paid the costs in order to preserve and promote democracy and 
        freedom.
            (4) The Armed Forces and the taxpayers of the United States 
        bore the greatest portion of that burden and struggle in order 
        to protect those principles.
            (5) Tens of thousands of United States soldiers, sailors, 
        airmen, Marines paid the ultimate price during the Cold War

[[Page 113 STAT. 765]]

        in order to preserve the freedoms and liberties enjoyed in 
        democratic countries.
            (6) The Berlin Wall erected in Berlin, Germany, epitomized 
        the totalitarianism that the United States struggled to 
        eradicate during the Cold War.
            (7) The fall of the Berlin Wall on November 9, 1989, was a 
        major event of the Cold War.
            (8) The Soviet Union collapsed on December 25, 1991.

    (b) Sense of Congress.--It is the sense of Congress that the 
President should issue a proclamation calling on the people of the 
United States to observe the victory in the Cold War with appropriate 
ceremonies and activities.
    (c) Participation of Armed Forces in Celebration of End of Cold 
War.--(1) Subject to paragraphs (2), (3), and (4), amounts authorized to 
be appropriated by section 301 may be available for costs of the Armed 
Forces in participating in a celebration of the end of the Cold War to 
be held in Washington, District of Columbia.
    (2) The total amount of funds available under paragraph (1) for the 
purpose set forth in that paragraph shall not exceed $5,000,000.
    (3) The Secretary of Defense may accept contributions from the 
private sector for the purpose of reducing the costs of the Armed Forces 
described in paragraph (1). The amount of funds available under 
paragraph (1) for the purpose set forth in that paragraph shall be 
reduced by an amount equal to the amount of contributions accepted by 
the Secretary under the preceding sentence.
    (4) The funding authorized in paragraph (1) shall not be available 
until 30 days after the date upon which the plan required by subsection 
(d) is submitted.
    (d) Report.--(1) The President shall transmit to Congress--
            (A) a report on the content of the proclamation referred to 
        in subsection (b); and
            (B) a plan for appropriate ceremonies and activities.

    (2) The plan submitted under paragraph (1) shall include the 
following:
            (A) A discussion of the content, location, date, and time of 
        each ceremony and activity included in the plan.
            (B) The funding allocated to support those ceremonies and 
        activities.
            (C) The organizations and individuals consulted while 
        developing the plan for those ceremonies and activities.
            (D) A list of private sector organizations and individuals 
        that are expected to participate in each ceremony and activity.
            (E) A list of local, State, and Federal agencies that are 
        expected to participate in each ceremony and activity.

    (e) Commission on Victory in the Cold War.--(1) There is hereby 
established a commission to be known as the ``Commission on Victory in 
the Cold War''.
    (2) The Commission shall be composed of twelve members, as follows:
            (A) Two shall be appointed by the President.
            (B) Three shall be appointed by the Speaker of the House of 
        Representatives.
            (C) Two shall be appointed by the minority leader of the 
        House of Representatives.

[[Page 113 STAT. 766]]

            (D) Three shall be appointed by the majority leader of the 
        Senate.
            (E) Two shall be appointed by the minority leader of the 
        Senate.

    (3) The Commission shall review and make recommendations regarding 
the celebration of the victory in the Cold War, to include the date of 
the celebration, usage of facilities, participation of the Armed Forces, 
and expenditure of funds.
    (4) The Secretary shall--
            (A) consult with the Commission on matters relating to the 
        celebration of the victory in the Cold War;
            (B) reimburse Commission members for expenses relating to 
        participation of Commission members in Commission activities 
        from funds made available under subsection (c); and
            (C) provide the Commission with administrative support.

    (5) The Commission shall be co-chaired by two members as follows:
            (A) One selected by and from among those appointed pursuant 
        to subparagraphs (A), (C), and (E) of paragraph (2).
            (B) One selected by and from among those appointed pursuant 
        to subparagraphs (B) and (D) of paragraph (2).

                        Subtitle G--Other Matters

SEC. 1061. DEFENSE SCIENCE BOARD TASK FORCE ON USE OF TELEVISION 
                          AND RADIO AS A PROPAGANDA INSTRUMENT IN 
                          TIME OF MILITARY CONFLICT.

    (a) Establishment of Task Force.--The Secretary of Defense shall 
establish a task force of the Defense Science Board to examine--
            (1) the use of radio and television broadcasting as a 
        propaganda instrument in time of military conflict; and
            (2) the adequacy of the capabilities of the Armed Forces to 
        make such uses of radio and television during conflicts such as 
        the conflict in the Federal Republic of Yugoslavia in the spring 
        of 1999.

    (b) Duties of Task Force.--The task force shall assess and develop 
recommendations as to the appropriate capabilities, if any, that the 
Armed Forces should have to broadcast radio and television into a region 
in time of military conflict so as to ensure that the general public in 
that region is exposed to the facts of the conflict. In making that 
assessment and developing those recommendations, the task force shall 
review the following:
            (1) The capabilities of the Armed Forces to develop 
        programming and to make broadcasts that can reach a large 
        segment of the general public in a country such as the Federal 
        Republic of Yugoslavia.
            (2) The potential of various Department of Defense airborne 
        or land-based mechanisms to have capabilities described in 
        paragraph (1), including improvements to the EC-130 Commando 
        Solo aircraft and the use of other airborne platforms, unmanned 
        aerial vehicles, and land-based transmitters in conjunction with 
        satellites.
            (3) Other issues relating to the use of television and radio 
        as a propaganda instrument in time of conflict.

[[Page 113 STAT. 767]]

    (c) Report.--The <<NOTE: Deadlines.>> task force shall submit to the 
Secretary of Defense a report containing its assessments and 
recommendations under subsection (b) not later than February 1, 2000. 
The Secretary shall submit the report, together with the comments and 
recommendations of the Secretary, to the congressional defense 
committees not later than March 1, 2000.
SEC. 1062. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.

    (a) Assessment Required.--Part C of the National Telecommunications 
and Information Administration Organization Act is amended by adding 
after section 155 the following new section:
``SEC. 156. ASSESSMENT <<NOTE: 47 USC 921 note.>> OF 
                          ELECTROMAGNETIC SPECTRUM REALLOCATION.

    ``(a) Review and Assessment of Electromagnetic Spectrum 
Reallocation.--
            ``(1) Review and assessment required.--The Secretary of 
        Commerce, acting through the Assistant Secretary and in 
        coordination with the Chairman of the Federal Communications 
        Commission, shall convene an interagency review and assessment 
        of--
                    ``(A) the progress made in implementation of 
                national spectrum planning;
                    ``(B) the reallocation of Federal Government 
                spectrum to non-Federal use, in accordance with the 
                amendments made by title VI of the Omnibus Budget 
                Reconciliation Act of 1993 (Public Law 103-66; 107 Stat. 
                379) and title III of the Balanced Budget Act of 1997 
                (Public Law 105-33; 111 Stat. 258); and
                    ``(C) the implications for such reallocations to the 
                affected Federal executive agencies.
            ``(2) Coordination.--The assessment shall be conducted in 
        coordination with affected Federal executive agencies through 
        the Interdepartmental Radio Advisory Committee.
            ``(3) Cooperation and assistance.--Affected Federal 
        executive agencies shall cooperate with the Assistant Secretary 
        in the conduct of the review and assessment and furnish the 
        Assistant Secretary with such information, support, and 
        assistance, not inconsistent with law, as the Assistant 
        Secretary may consider necessary in the performance of the 
        review and assessment.
            ``(4) Attention to particular subjects required.--In the 
        conduct of the review and assessment, particular attention shall 
        be given to--
                    ``(A) the effect on critical military and 
                intelligence capabilities, civil space programs, and 
                other Federal Government systems used to protect public 
                safety of the reallocated spectrum described in 
                paragraph (1)(B) of this subsection;
                    ``(B) the anticipated impact on critical military 
                and intelligence capabilities, future military and 
                intelligence operational requirements, national defense 
                modernization programs, and civil space programs, and 
                other Federal Government systems used to protect public 
                safety, of future potential reallocations to non-Federal 
                use of bands of the electromagnetic spectrum that are 
                currently allocated for use by the Federal Government; 
                and

[[Page 113 STAT. 768]]

                    ``(C) future spectrum requirements of agencies in 
                the Federal Government.

    ``(b) Submission <<NOTE: Deadline.>> of Report.--The Secretary of 
Commerce, in coordination with the heads of the affected Federal 
executive agencies, and the Chairman of the Federal Communications 
Commission shall submit to the President, the Committee on Armed 
Services and the Committee on Commerce, Science, and Transportation of 
the Senate, and the Committee on Armed Services, the Committee on 
Commerce, and the Committee on Science of the House of Representatives, 
not later than October 1, 2000, a report providing the results of the 
assessment required by subsection (a).''.

    (b) Surrender <<NOTE: 47 USC 921 note.>> of Department of Defense 
Spectrum.--
            (1) In general.--If, in order to make available for other 
        use a band of frequencies of which it is a primary user, the 
        Department of Defense is required to surrender use of such band 
        of frequencies, the Department shall not surrender use of such 
        band of frequencies until--
                    (A) the National Telecommunications and Information 
                Administration, in consultation with the Federal 
                Communications Commission, identifies and makes 
                available to the Department for its primary use, if 
                necessary, an alternative band or bands of frequencies 
                as a replacement for the band to be so surrendered; and
                    (B) the Secretary of Commerce, the Secretary of 
                Defense, and the Chairman of the Joint Chiefs of Staff 
                jointly certify to the Committee on Armed Services and 
                the Committee on Commerce, Science, and Transportation 
                of the Senate, and the Committee on Armed Services and 
                the Committee on Commerce of the House of 
                Representatives, that such alternative band or bands 
                provides comparable technical characteristics to restore 
                essential military capability that will be lost as a 
                result of the band of frequencies to be so surrendered.
            (2) Exception.--Paragraph (1) shall not apply to a band of 
        frequencies that has been identified for reallocation in 
        accordance with title VI of the Omnibus Budget Reconciliation 
        Act of 1993 (Public Law 103-66; 107 Stat. 379) and title III of 
        the Balanced Budget Act of 1997 (Public Law 105-33, 111 Stat. 
        258), other than a band of frequencies that is reclaimed 
        pursuant to subsection (c).

    (c) Reassignment <<NOTE: 47 USC 921 note.>> to Federal Government 
for Use by Department of Defense of Certain Frequency Spectrum 
Recommended for Reallocation.--(1) Notwithstanding any provision of the 
National Telecommunications and Information Administration Organization 
Act or the Balanced Budget Act of 1997, the President shall reclaim for 
exclusive Federal Government use on a primary basis by the Department of 
Defense--
            (A) the bands of frequencies aggregating 3 megahertz located 
        between 138 and 144 megahertz that were recommended for 
        reallocation in the second reallocation report under section 
        113(a) of that Act; and
            (B) the band of frequency aggregating 5 megahertz located 
        between 1385 megahertz and 1390 megahertz, inclusive, that was 
        so recommended for reallocation.

    (2) Section 113(b)(3)(A) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C.

[[Page 113 STAT. 769]]

923(b)(3)(A)) is amended by striking ``20 megahertz'' and inserting ``12 
megahertz''.
SEC. 1063. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUCTION ACT 
                          OF 1950.

    (a) Extension of Termination Date.--Section 717(a) of the Defense 
Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking 
``September 30, 1999'' and inserting ``September 30, 2000''.
    (b) Extension of Authorization.--Section 711(b) of such Act (50 
U.S.C. App. 2161(b)) is amended by striking ``the fiscal years 1996, 
1997, 1998, and 1999'' and inserting ``fiscal years 1996 through 2000''.
SEC. 1064. PERFORMANCE OF THREAT AND RISK ASSESSMENTS.

    Section 1404 of the Defense Against Weapons of Mass Destruction Act 
of 1998 (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.--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.
    ``(b) Conduct of Assessments.--The Department of Justice, as lead 
Federal agency for domestic crisis management in response to terrorism 
involving weapons of mass destruction, shall--
            ``(1) conduct any threat and risk assessment performed under 
        subsection (a) in coordination with appropriate Federal, State, 
        and local agencies; and
            ``(2) develop procedures and guidance for conduct of the 
        threat and risk assessment in consultation with officials from 
        the intelligence community.''.
SEC. 1065. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING.

    (a) Authority To Transfer Agents.--(1) The Secretary of Defense may 
transfer to the Attorney General, in accordance with the Chemical 
Weapons Convention, quantities of lethal chemical agents required to 
support training at the Center for Domestic Preparedness in Fort 
McClellan, Alabama. The quantity of lethal chemical agents transferred 
under this section may not exceed that required to support training for 
emergency first-response personnel in addressing the health, safety, and 
law enforcement concerns associated with potential terrorist incidents 
that might involve the use of lethal chemical weapons or agents, or 
other training designated by the Attorney General.
    (2) The Secretary of Defense, in coordination with the Attorney 
General, shall determine the amount of lethal chemical agents that shall 
be transferred under this section. Such amount shall be transferred from 
quantities of lethal chemical agents that are produced, acquired, or 
retained by the Department of Defense.
    (3) The Secretary of Defense may not transfer lethal chemical agents 
under this section until--

[[Page 113 STAT. 770]]

            (A) the Center referred to in paragraph (1) is transferred 
        from the Department of Defense to the Department of Justice; and
            (B) the Secretary determines that the Attorney General is 
        prepared to receive such agents.

    (4) To carry out the training described in paragraph (1) and other 
defensive training not prohibited by the Chemical Weapons Convention, 
the Secretary of Defense may transport lethal chemical agents from a 
Department of Defense facility in one State to a Department of Justice 
or Department of Defense facility in another State.
    (5) Quantities of lethal chemical agents transferred under this 
section shall meet all applicable requirements for transportation, 
storage, treatment, and disposal of such agents and for any resulting 
hazardous waste products.
    (b) Annual Report.--The Secretary of Defense, in consultation with 
the Attorney General, shall report annually to Congress regarding the 
disposition of lethal chemical agents transferred under this section.
    (c) Non-Interference With Treaty Obligations.--Nothing in this 
section may be construed as interfering with United States treaty 
obligations under the Chemical Weapons Convention.
    (d) Chemical Weapons Convention Defined.--In this section, the term 
``Chemical Weapons Convention'' means the Convention on the Prohibition 
of the Development, Production, Stockpiling and Use of Chemical Weapons 
and on Their Destruction, opened for signature on January 13, 1993.

SEC. 1066. 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 977(d)(2) is amended by striking ``the lesser 
        of'' and all that follows through ``(B)''.
            (7) Section 1073 is amended by inserting ``(42 U.S.C. 14401 
        et seq.)'' before the period at the end of the second sentence.
            (8) Section 1076a(j)(2) is amended by striking ``1 year'' 
        and inserting ``one year''.
            (9) Section 1370(d) is amended--
                    (A) in paragraph (1), by striking ``chapter 1225'' 
                and inserting ``chapter 1223''; and

[[Page 113 STAT. 771]]

                    (B) in paragraph (5), by striking ``the date of the 
                enactment of this paragraph'' and inserting ``October 
                17, 1998,''.
            (10) 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.
            (11) 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''.
            (12) 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,''.
            (13) Section 1501(d) is amended by striking ``prescribed'' 
        in the first sentence and inserting ``described''.
            (14) 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,''.
            (15) 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''.
            (16) Section 2208(l)(2)(A) is amended by inserting ``of'' 
        after ``during a period''.
            (17) 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''.
            (18) Section 2302c(b) is amended by striking ``section 
        2303'' and inserting ``section 2303(a)''.
            (19) 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).
            (20) 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''.
            (21) 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,''.
            (22) Section 2492(b) is amended by striking ``the date of 
        the enactment of this section'' and inserting ``October 17, 
        1998''.
            (23) Section 2539b(a) is amended by striking ``secretaries 
        of the military departments'' and inserting ``Secretaries of the 
        military departments''.
            (24) Section 2641a is amended--

[[Page 113 STAT. 772]]

                    (A) by striking ``, United States Code,'' in 
                subsection (b)(2); and
                    (B) by striking subsection (d).
            (25) 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.
            (26) 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''.
            (27) Section 2703(c) is amended by striking ``United States 
        Code,''.
            (28) Section 2837(d)(2) is amended--
                    (A) by inserting ``and'' at the end of subparagraph 
                (A);
                    (B) by striking ``; and'' at the end of subparagraph 
                (B) and inserting a period; and
                    (C) by striking subparagraph (C).
            (29) 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,''.
            (30) Section 7902(e)(5) is amended by striking ``, United 
        States Code,''.
            (31) 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''.
            (32) Section 14301(g) is amended by striking ``1 year'' both 
        places it appears and inserting ``one year''.
            (33) Section 16131(b)(1) is amended by inserting ``in'' 
        after ``Except as provided''.

    (b) Public <<NOTE: Effective date.>> 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) <<NOTE: 10 USC 691.>> 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) <<NOTE: 10 USC 1370.>> Section 513(a) (112 Stat. 2007) 
        is amended by striking ``section 511'' and inserting ``section 
        512(a)''.
            (4) <<NOTE: 10 USC 2012 note.>> Section 525(b) (112 Stat. 
        2014) is amended by striking ``subsection (i)'' and inserting 
        ``subsection (j)''.
            (5) <<NOTE: 46 USC app. 1295b.>> Section 568 (112 Stat. 
        2031) is amended by striking ``1295(c)'' in the matter preceding 
        paragraph (1) and inserting ``1295b(c)''.

[[Page 113 STAT. 773]]

            (6) <<NOTE: 10 USC 1073 note.>> Section 722(c) (112 Stat. 
        2067) is amended--
                    (A) by striking ``(1)'' before ``An individual is 
                eligible'';
                    (B) by redesignating subparagraphs (A), (B), (C), 
                and (D) as paragraphs (1), (2), (3), and (4), 
                respectively; and
                    (C) in paragraph (4), as so redesignated, 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) <<NOTE: 10 USC 4318 
        note.>> is amended by inserting ``to'' after ``with respect''.
            (2) Section 563(b) (111 Stat. 1754) <<NOTE: 10 USC 113 
        note.>> is amended by striking ``title'' and inserting 
        ``subtitle''.
            (3) Section 644(d)(2) (111 Stat. 1801) <<NOTE: 10 USC 1448 
        note.>> is amended by striking ``paragraphs (3) and (4)'' and 
        inserting ``paragraphs (7) and (8)''.
            (4) Section 934(b) (111 Stat. 1866) <<NOTE: 10 USC 1501 
        note.>> is amended by striking ``of'' after ``matters 
        concerning''.

    (d) Other Laws.--
            (1) <<NOTE: Effective date.>> 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) <<NOTE: 38 
        USC 1968.>> 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''.

    (e) Coordination <<NOTE: 10 USC 101 note.>> With Other Amendments.--
For purposes of applying amendments made by provisions of this Act other 
than provisions of this section, this section shall be treated as having 
been enacted immediately before the other provisions of this Act.

[[Page 113 STAT. 774]]

SEC. 1067. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE ON 
                          NATIONAL SECURITY OF THE HOUSE OF 
                          REPRESENTATIVES TO COMMITTEE ON ARMED 
                          SERVICES.

    The following provisions of law are amended by striking ``Committee 
on National Security'' each place it appears and inserting ``Committee 
on Armed Services'':
            (1) <<NOTE: 10 USC 113 et seq.>> Title 10, United States 
        Code.
            (2) Sections 301b(i)(2) and 431(d)(2) of title 37, United 
        States Code.
            (3) The following provisions of the Strom Thurmond National 
        Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
        261): section 3, section 344(c)(3) (10 U.S.C. 113 note), section 
        571(f) (10 U.S.C. 520 note), section 722(b)(3)(A) (10 U.S.C. 
        1073 note), section 723(d) (10 U.S.C. 1073 note), section 724 
        (10 U.S.C. 1108 note), section 733(b)(3) (10 U.S.C. 1091 note), 
        section 741(c) (10 U.S.C. 1109 note), section 745(h) (10 U.S.C. 
        1071 note), 803(c)(4) (10 U.S.C. 2306a note), section 914, 
        section 1007(f)(1), section 1101(g)(1) (5 U.S.C. 3104 note), 
        section 1223(a) (22 U.S.C. 1928 note), section 1502(a) (22 
        U.S.C. 2593a note), section 3124(d), section 3158(c) (42 U.S.C. 
        2121 note), section 3159(d) (42 U.S.C. 2121 note), and section 
        3161(d)(2) (50 U.S.C. 435 note).
            (4) The following provisions of the National Defense 
        Authorization Act for Fiscal Year 1998 (Public Law 105-85): 
        section 3, <<NOTE: 112 Stat. 1935.>> section 349(g) (10 U.S.C. 
        2702 note), section 849(b) (10 U.S.C. 1731 note), section 
        1033(f)(4), section 1078(d) (50 U.S.C. 1520a), <<NOTE: 50 USC 
        app. 2404 note.>> section 1215(2), section 3124(d), and section 
        3140(a).
            (5) The following provisions of the National Defense 
        Authorization Act for Fiscal Year 1997 (Public Law 104-201): 
        section 3, <<NOTE: 110 Stat 2439.>> section 121(e)(1), section 
        270(a) (10 U.S.C. 2501 note), section 326(c), section 333(c), 
        section 552(a), <<NOTE: 33 USC 2406 note.>> section 1042(a) (10 
        U.S.C. 113 note), section 1053(d), section 2827(b)(3), and 
        section 3124(c).
            (6) The following provisions of the National Defense 
        Authorization Act for Fiscal Year 1996 (Public Law 104-106): 
        section 3, <<NOTE: 110 Stat. 204; 10 USC 2431 note.>> section 
        131, section 234(f), section 279(b), section 373(a), section 
        807(c) (10 U.S.C. 2401a note), section 822(e) (10 U.S.C. 2302 
        note), section 1011(d)(2), section 1205(a)(2) (22 U.S.C. 5955 
        note), section 3124(c), and section 3411 (10 U.S.C. 7420 note).
            (7) Section 2922(b) of the National Defense Authorization 
        Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2687 
        note).
            (8) Sections 326(a)(5) (10 U.S.C. 2302 note) and 
        1505(e)(2)(B) (22 U.S.C. 5859a) of the National Defense 
        Authorization Act for Fiscal Year 1993 (Public Law 102-484).
            (9) Section 1097(a)(1) of the National Defense Authorization 
        Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 22 
        U.S.C. 2751 note).
            (10) The following provisions of the National Defense 
        Authorization Act for Fiscal Year 1991 (Public Law 101-510): 
        section 1403(d)(2) (50 U.S.C. 404b(d)(2)), section 1457(d)(2) 
        (50 U.S.C. 404c(d)(2)), section 2910(2) (10 U.S.C. 2687 note), 
        and subsections (e)(3)(A) and (f)(2) of section 2921 (10 U.S.C. 
        2687 note).

[[Page 113 STAT. 775]]

            (11) Subsections (b)(4) and (k)(2) of section 1412 of the 
        Department of Defense Authorization Act, 1986 (Public Law 99-
        145; 50 U.S.C. 1521).
            (12) Section 1002(d) of the Department of Defense 
        Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928 
        note).
            (13) Sections 6(d)(1) and 7(b) of the Strategic and Critical 
        Materials Stock Piling Act (50 U.S.C. 98e(d)(1), 98f(b)).
            (14) Section 8125(g)(2) of the Department of Defense 
        Appropriations Act, 1989 (Public Law 100-463; 10 U.S.C. 113 
        note).
            (15) Section 7606(b) of the Anti-Drug Abuse Act of 1988 
        (Public Law 100-690; 10 U.S.C. 9441 note).
            (16) Sections 104(d)(5) and 109(c)(2) of the National 
        Security Act of 1947 (50 U.S.C. 403-4(d)(5), 404d(c)(2)).
            (17) Sections 8(b)(3) and 8(f)(1) of the Inspector General 
        Act of 1978 (5 U.S.C. App.).
            (18) Section 204(h)(3) of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 485(h)(3)).
            (19) Section 101(f)(3)(A) of the Sikes Act (16 U.S.C. 
        670a(f)(3)(A)).
            (20) Section 103(c) of the High-Performance Computing Act of 
        1991 (15 U.S.C. 5513(c)).
            (21) Section 205(b)(1) of the Commercial Space Act of 1998 
        (Public Law 105-303; 42 U.S.C. 14734(b)(1)).
            (22) Section 506(c) of the Intelligence Authorization Act 
        for Fiscal Year 1996 (Public Law 104-93; 109 Stat. 974).
            (23) Section 2(f) of the Wildfire Suppression Aircraft 
        Transfer Act of 1996 (Public Law 104-307; 10 U.S.C. 2576 note).

           TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Sec. 1101. Accelerated implementation of voluntary early retirement 
                      authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive 
                      employees.
Sec. 1103. Restoration of leave of emergency essential employees serving 
                      in a combat zone.
Sec. 1104. Extension of certain temporary authorities to provide 
                      benefits for employees in connection with defense 
                      workforce reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve 
                      technicians on active duty in support of combat 
                      operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under 
                      section 6323 of title 5, United States Code, may 
                      be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff 
                      of the Uniformed Services University of the Health 
                      Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain 
                      workforce management restrictions.
SEC. 1101. ACCELERATED IMPLEMENTATION OF VOLUNTARY EARLY 
                          RETIREMENT AUTHORITY.

    Section 1109(d)(1) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
2145; 5 U.S.C. 8336 note) is amended by striking ``October 1, 2000'' and 
inserting ``October 1, 1999''.

[[Page 113 STAT. 776]]

SEC. 1102. 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. 1103. RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL EMPLOYEES 
                          SERVING IN A COMBAT ZONE.

    (a) Service in a Combat Zone as Exigency of the Public Business.--
Section 6304(d) of title 5, United States Code, is amended by adding at 
the end the following:
    ``(4)(A) For the purpose of this subsection, service of a Department 
of Defense emergency essential employee in a combat zone is an exigency 
of the public business for that employee. Any leave that, by reason of 
such service, is lost by the employee by operation of this section 
(regardless of whether such leave was scheduled) shall be restored to 
the employee and shall be credited and available in accordance with 
paragraph (2).
    ``(B) As used in subparagraph (A)--
            ``(i) the term `Department of Defense emergency essential 
        employee' means an employee of the Department of Defense who is 
        designated under section 1580 of title 10 as an emergency 
        essential employee; and
            ``(ii) the term `combat zone' has the meaning given such 
        term in section 112(c)(2) of the Internal Revenue Code of 
        1986.''.

    (b) Designation of Emergency Essential Employees.--(1) Chapter 81 of 
title 10, United States Code, is amended by inserting after the table of 
sections at the beginning of such chapter the following new section 
1580:

``Sec. 1580. Emergency essential employees: designation

    ``(a) Criteria for Designation.--The Secretary of Defense or the 
Secretary of the military department concerned may designate as an 
emergency essential employee any employee of the Department of Defense, 
whether permanent or temporary, the duties of whose position meet all of 
the following criteria:
            ``(1) It is the duty of the employee to provide immediate 
        and continuing support for combat operations or to support 
        maintenance and repair of combat essential systems of the armed 
        forces.
            ``(2) It is necessary for the employee to perform that duty 
        in a combat zone after the evacuation of nonessential personnel, 
        including any dependents of members of the armed forces, from 
        the zone in connection with a war, a national emergency declared 
        by Congress or the President, or the commencement of combat 
        operations of the armed forces in the zone.
            ``(3) It is impracticable to convert the employee's position 
        to a position authorized to be filled by a member of the armed

[[Page 113 STAT. 777]]

        forces because of a necessity for that duty to be performed 
        without interruption.

    ``(b) Eligibility of Employees of Nonappropriated Fund 
Instrumentalities.--A nonappropriated fund instrumentality employee is 
eligible for designation as an emergency essential employee under 
subsection (a).
    ``(c) Definitions.--In this section:
            ``(1) The term `combat zone' has the meaning given that term 
        in section 112(c)(2) of the Internal Revenue Code of 1986.
            ``(2) The term `nonappropriated fund instrumentality 
        employee' has the meaning given that term in section 1587(a)(1) 
        of this title.''.

    (2) The table of sections at the beginning of such chapter is 
amended by inserting before the item relating to section 1581 the 
following:

``1580. Emergency essential employees: designation.''.

SEC. 1104. EXTENSION OF CERTAIN TEMPORARY AUTHORITIES TO PROVIDE 
                          BENEFITS FOR EMPLOYEES IN CONNECTION 
                          WITH DEFENSE WORKFORCE REDUCTIONS AND 
                          RESTRUCTURING.

    (a) Lump-Sum Payment of Severance Pay.--Section 5595(i)(4) of title 
5, United States Code, is amended by striking ``the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 1996 
and before October 1, 1999'' and inserting ``February 10, 1996, and 
before October 1, 2003''.
    (b) Voluntary Separation Incentive.--Section 5597(e) of such title 
is amended by striking ``September 30, 2001'' and inserting ``September 
30, 2003''.
    (c) Continuation of FEHBP Eligibility.--Section 8905a(d)(4)(B) of 
such title is amended by striking clauses (i) and (ii) and inserting the 
following:
            ``(i) October 1, 2003; or
            ``(ii) February 1, 2004, if specific notice of such 
        separation was given to such individual before October 1, 
        2003.''.
SEC. 1105. LEAVE WITHOUT LOSS OF BENEFITS FOR MILITARY RESERVE 
                          TECHNICIANS ON ACTIVE DUTY IN SUPPORT OF 
                          COMBAT OPERATIONS.

    (a) Elimination of Restriction to Situations Involving Noncombat 
Operations.--Section 6323(d)(1) of title 5, United States Code, is 
amended by striking ``noncombat''.
    (b) Effective <<NOTE: 5 USC 6323 note.>> Date.--The amendment made 
by subsection (a) shall take effect on the date of the enactment of this 
Act and shall apply with respect to days of leave under section 
6323(d)(1) of title 5, United States Code, on or after that date.
SEC. 1106. 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(a)(1) 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 <<NOTE: 5 USC 6323 note.>> 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.

[[Page 113 STAT. 778]]

SEC. 1107. WORK SCHEDULES AND PREMIUM PAY OF SERVICE ACADEMY 
                          FACULTY.

    (a) United States Military Academy.--Section 4338 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection (c):
    ``(c) The Secretary of the Army may, notwithstanding the provisions 
of subchapter V of chapter 55 of title 5 or section 6101 of such title, 
prescribe for persons employed under this section the following:
            ``(1) The work schedule, including hours of work and tours 
        of duty, set forth with such specificity and other 
        characteristics as the Secretary determines appropriate.
            ``(2) Any premium pay or compensatory time off for hours of 
        work or tours of duty in excess of the regularly scheduled hours 
        or tours of duty.''.

    (b) United States Naval Academy.--Section 6952 of title 10, United 
States Code, is amended by--
            (1) redesignating subsection (c) as subsection (d); and
            (2) inserting after subsection (b) the following new 
        subsection (c):

    ``(c) The Secretary of the Navy may, notwithstanding the provisions 
of subchapter V of chapter 55 of title 5 or section 6101 of such title, 
prescribe for persons employed under this section the following:
            ``(1) The work schedule, including hours of work and tours 
        of duty, set forth with such specificity and other 
        characteristics as the Secretary determines appropriate.
            ``(2) Any premium pay or compensatory time off for hours of 
        work or tours of duty in excess of the regularly scheduled hours 
        or tours of duty.''.

    (c) United States Air Force Academy.--Section 9338 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection (c):
    ``(c) The Secretary of the Air Force may, notwithstanding the 
provisions of subchapter V of chapter 55 of title 5 or section 6101 of 
such title, prescribe for persons employed under this section the 
following:
            ``(1) The work schedule, including hours of work and tours 
        of duty, set forth with such specificity and other 
        characteristics as the Secretary determines appropriate.
            ``(2) Any premium pay or compensatory time off for hours of 
        work or tours of duty in excess of the regularly scheduled hours 
        or tours of duty.''.
SEC. 1108. SALARY SCHEDULES AND RELATED BENEFITS FOR FACULTY AND 
                          STAFF OF THE UNIFORMED SERVICES 
                          UNIVERSITY OF THE HEALTH SCIENCES.

    Section 2113(f) of title 10, United States Code, is amended by 
adding at the end the following:
    ``(3) The limitations in section 5373 of title 5 do not apply to the 
authority of the Secretary under paragraph (1) to prescribe salary 
schedules and other related benefits.''.

[[Page 113 STAT. 779]]

SEC. 1109. EXEMPTION OF DEFENSE LABORATORY EMPLOYEES FROM CERTAIN 
                          WORKFORCE MANAGEMENT RESTRICTIONS.

    Section 342(b) of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 2721) is amended by adding at 
the end the following new paragraph:
    ``(4) The employees of a laboratory covered by a personnel 
demonstration project carried out under this section shall be exempt 
from, and may not be counted for the purposes of, any constraint or 
limitation in a statute or regulation in terms of supervisory ratios or 
maximum number of employees in any specific category or categories of 
employment that may otherwise be applicable to the employees. The 
employees shall be managed by the director of the laboratory subject to 
the supervision of the Under Secretary of Defense for Acquisition, 
Technology, and Logistics.''.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

     Subtitle A--Matters Relating to the People's Republic of China

Sec. 1201. Limitation on military-to-military exchanges and contacts 
                      with Chinese People's Liberation Army.
Sec. 1202. Annual report on military power of the People's Republic of 
                      China.

               Subtitle B--Matters Relating to the Balkans

Sec. 1211. Department of Defense report on the conduct of Operation 
                      Allied Force and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution 
                      of war crimes, genocide, and crimes against 
                      humanity in the former Republic of Yugoslavia.

          Subtitle C--Matters Relating to NATO and Other Allies

Sec. 1221. Legal effect of the new strategic concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater 
                      wars.
Sec. 1223. Attendance at professional military education schools by 
                      military personnel of the new member nations of 
                      NATO.

                        Subtitle D--Other Matters

Sec. 1231. Multinational economic embargoes against governments in armed 
                      conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during 
                      fiscal year 2000 and congressional notice of 
                      deployments to Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions 
                      against Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical 
                      overseas missions involving United States combat 
                      forces.

     Subtitle A--Matters Relating to the People's Republic of China

SEC. 1201. <<NOTE: 10 USC 168 note.>>  LIMITATION ON MILITARY-TO-
                          MILITARY EXCHANGES AND CONTACTS WITH 
                          CHINESE 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 if that exchange or 
contact would create a national security risk due to an inappropriate 
exposure specified in subsection (b).
    (b) Covered Exchanges and Contacts.--Subsection (a) applies to any 
military-to-military exchange or contact that includes inappropriate 
exposure to any of the following:

[[Page 113 STAT. 780]]

            (1) Force projection operations.
            (2) Nuclear operations.
            (3) Advanced combined-arms and joint combat operations.
            (4) Advanced logistical operations.
            (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 a transformation in warfare.
            (8) Military space operations.
            (9) Other advanced 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 or humanitarian operation or exercise.
    (d) Annual <<NOTE: Deadline.>> Certification by Secretary.--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, not later than December 31 each year, a certification 
in writing as to whether or not any military-to-military exchange or 
contact during that calendar year was conducted in violation of 
subsection (a).

    (e) Annual <<NOTE: Deadline.>> Report.--Not later than March 31 each 
year beginning in 2001, 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 providing the 
Secretary's assessment of the current state of military-to-military 
exchanges and 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 exchanges and 
        contacts scheduled for the next 12-month period and a plan for 
        future contacts and exchanges.
            (3) The Secretary's assessment of the benefits the Chinese 
        expect to gain from those military-to-military exchanges and 
        contacts.
            (4) The Secretary's assessment of the benefits the 
        Department of Defense expects to gain from those military-to-
        military exchanges and contacts.
            (5) The Secretary's assessment of how military-to-military 
        exchanges and contacts with the People's Liberation Army fit 
        into the larger security relationship between the United States 
        and the People's Republic of China.

    (f) Report of Past Military-to-Military Exchanges and Contacts With 
the PRC. <<NOTE: Deadline.>> --Not later than March 31, 2000, 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 past military-to-military exchanges and 
contacts between the United States and the People's Republic of China. 
The report shall be unclassified, but may contain a classified annex, 
and shall include the following:

[[Page 113 STAT. 781]]

            (1) A list of the general and flag grade officers of the 
        People's Liberation Army who have visited United States military 
        installations since January 1, 1993.
            (2) The itinerary of the visits referred to in paragraph 
        (2), including the installations visited, the duration of the 
        visits, and the activities conducted during the visits.
            (3) The involvement, if any, of the general and flag 
        officers referred to in paragraph (1) in the Tiananmen Square 
        massacre of June 1989.
            (4) A list of the facilities in the People's Republic of 
        China that United States military officers have visited as a 
        result of any military-to-military exchange or contact program 
        between the United States and the People's Republic of China 
        since January 1, 1993.
            (5) A list of facilities in the People's Republic of China 
        that have been the subject of a requested visit by the 
        Department of Defense that has been denied by People's Republic 
        of China authorities.
            (6) A list of facilities in the United States that have been 
        the subject of a requested visit by the People's Liberation Army 
        that has been denied by the United States.
            (7) Any official documentation (such as memoranda for the 
        record, after-action reports, and final itineraries) and all 
        receipts for expenses over $1,000, concerning military-to-
        military exchanges or contacts between the United States and the 
        People's Republic of China in 1999.
            (8) A description of military-to-military exchanges or 
        contacts between the United States and the People's Republic of 
        China scheduled for 2000.
            (9) An assessment regarding whether or not any People's 
        Republic of China military officials have been shown classified 
        material as a result of military-to-military exchanges or 
        contacts between the United States and the People's Republic of 
        China.
SEC. 1202. ANNUAL <<NOTE: 10 USC 113 note.>> REPORT ON MILITARY 
                          POWER OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Annual <<NOTE: Deadline.>> Report.--Not later than March 1 each 
year, the Secretary of Defense shall submit to the specified 
congressional committees a report, in both classified and unclassified 
form, on the current and future military strategy of the People's 
Republic of China. The report shall address the current and probable 
future course of military-technological development on 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 the next 20 years.

    (b) Matters To Be Included.--Each report under this section shall 
include analyses and forecasts of the following:
            (1) The goals of Chinese grand strategy, security strategy, 
        and military strategy.
            (2) Trends in Chinese strategy that would be designed 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 security situation in the Taiwan Strait.
            (4) Chinese strategy regarding Taiwan.

[[Page 113 STAT. 782]]

            (5) The size, location, and capabilities of Chinese 
        strategic, land, sea, and air forces, including detailed 
        analysis of those forces facing Taiwan.
            (6) Developments in Chinese military doctrine, focusing on 
        (but not limited to) efforts to exploit a transformation in 
        military affairs or to conduct preemptive strikes.
            (7) 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.
            (8) An assessment of any challenges during the preceding 
        year to the deterrent forces of the Republic of China on Taiwan, 
        consistent with the commitments made by the United States in the 
        Taiwan Relations Act (Public Law 96-8).

    (c) Specified Congressional Committees.--For purposes of this 
section, the term ``specified congressional committees'' means the 
following:
            (1) The Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
            (2) The Committee on Armed Services and the Committee on 
        International Relations of the House of Representatives.

               Subtitle B--Matters Relating to the Balkans

SEC. 1211. DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT OF 
                          OPERATION ALLIED FORCE AND ASSOCIATED 
                          RELIEF OPERATIONS.

    (a) Report <<NOTE: Deadline.>> Required.--(1) Not later than January 
31, 2000, the Secretary of Defense shall submit to the congressional 
defense committees a report on the conduct of military operations 
conducted as part of Operation Allied Force and relief operations 
associated with that operation. The Secretary shall submit to those 
committees a preliminary report on the conduct of those operations not 
later than October 15, 1999. The report (including the preliminary 
report) shall be prepared in consultation with the Chairman of the Joint 
Chiefs of Staff and the Commander in Chief, United States European 
Command.

    (2) In this section, the term ``Operation Allied Force'' means 
operations of the North Atlantic Treaty Organization (NATO) conducted 
against the Federal Republic of Yugoslavia (Serbia and Montenegro) 
during the period beginning on March 24, 1999, and ending with the 
suspension of bombing operations on June 10, 1999, to resolve the 
conflict with respect to Kosovo.
    (b) Discussion of Accomplishments and Shortcomings.--The report (and 
the preliminary report, to the extent feasible) shall contain a 
discussion, with a particular emphasis on accomplishments and 
shortcomings, of the following matters:
            (1) The national security interests of the United States 
        that were threatened by the deteriorating political and military 
        situation in the Province of Kosovo, Republic of Serbia, in the 
        country of the Federal Republic of Yugoslavia (Serbia and 
        Montenegro).
            (2) The factors leading to the decision by the United States 
        and NATO to issue an ultimatum in October 1998 that force would 
        be used against the Federal Republic of Yugoslavia

[[Page 113 STAT. 783]]

        unless certain conditions were met, and the planning of a 
        military operation to execute that ultimatum.
            (3) The political and military objectives of the United 
        States and NATO in the conflict with the Federal Republic of 
        Yugoslavia.
            (4) The military strategy of the United States and NATO to 
        achieve those political and military objectives.
            (5) An analysis of the decisionmaking process of NATO and 
        the effect of that decisionmaking process on the conduct of 
        military operations.
            (6) An analysis of the decision not to include a ground 
        component in Operation Allied Force (to include a detailed 
        explanation of the political and military factors involved in 
        that decision) and the effect of that decision on the conduct of 
        military operations.
            (7) The deployment of United States forces and the 
        transportation of supplies to the theater of operations, 
        including an assessment of airlift and sealift, with a specific 
        assessment of the deployment of Task Force Hawk.
            (8) The conduct of military operations, including a specific 
        assessment of each of the following:
                    (A) The effects of the graduated, incremental pace 
                of the military operations.
                    (B) The process for identifying, nominating, 
                selecting and verifying targets to be attacked during 
                Operation Allied Force, including an analysis of the 
                factors leading to the bombing of the Embassy of the 
                People's Republic of China in Belgrade.
                    (C) The loss of aircraft and the accuracy of bombing 
                operations.
                    (D) The decoy and deception operations and counter-
                intelligence techniques used by the Yugoslav military.
                    (E) The use of high-demand, low-density assets in 
                Operation Allied Force in terms of inventory, 
                capabilities, deficiencies, and ability to provide 
                logistical support.
                    (F) A comparison of the military capabilities of the 
                United States and of the allied participants in 
                Operation Allied Force.
                    (G) Communications and operational security of NATO 
                forces.
                    (H) The effect of adverse weather on the performance 
                of weapons and supporting systems.
                    (I) The decision not to use in the air campaign the 
                Apache attack helicopters deployed as part of Task Force 
                Hawk.
            (9) The conduct of relief operations by United States and 
        allied military forces and the effect of those relief operations 
        on military operations.
            (10) The ability of the United States during Operation 
        Allied Force to conduct other operations required by the 
        national defense strategy, including an analysis of the transfer 
        of operational assets from other United States unified commands 
        to the European Command for participation in Operation Allied 
        Force and the effect of those transfers on the readiness, 
        warfighting capability, and deterrence posture of those 
        commands.

[[Page 113 STAT. 784]]

            (11) The use of special operations forces, including 
        operational and intelligence activities classified under special 
        access procedures.
            (12) The effectiveness of intelligence, surveillance, and 
        reconnaissance support to operational forces, including an 
        assessment of battle damage assessment of fixed and mobile 
        targets prosecuted during the air campaign, estimates of 
        Yugoslav forces and equipment in Kosovo, and information related 
        to Kosovar refugees and internally displaced persons.
            (13) The use and performance of United States and NATO 
        military equipment, weapon systems, and munitions (including 
        items classified under special access procedures) and an 
        analysis of--
                    (A) any equipment or capabilities that were in 
                research and development and if available could have 
                been used in the theater of operations;
                    (B) any equipment or capabilities that were 
                available and could have been used but were not 
                introduced into the theater of operations; and
                    (C) the compatibility of command, control, and 
                communications equipment and the ability of United 
                States aircraft to operate with aircraft of other 
                nations without degradation of capabilities or 
                protection of United States forces.
            (14) The scope of logistics support, including support from 
        other nations, with particular emphasis on the availability and 
        adequacy of foreign air bases.
            (15) The role of contractors to provide support and 
        maintenance in the theater of operations.
            (16) The acquisition policy actions taken to support the 
        forces in the theater of operations.
            (17) The personnel management actions taken to support the 
        forces in the theater of operations.
            (18) The effectiveness of reserve component forces, 
        including their use and performance in the theater of 
        operations.
            (19) A legal analysis, including (A) the legal basis for the 
        decision by NATO to use force, and (B) the role of the law of 
        armed conflict in the planning and execution of military 
        operations by the United States and the other NATO member 
        nations.
            (20) The cost to the Department of Defense of Operation 
        Allied Force and associated relief operations, together with the 
        Secretary's plan to refurbish or replace ordnance and other 
        military equipment expended or destroyed during the operations.
            (21) A description of the most critical lessons learned that 
        could lead to long-term doctrinal, organizational, and 
        technological changes.

    (c) Classification of Report.--The Secretary of Defense shall submit 
both the report and the preliminary report in a classified form and an 
unclassified form.
SEC. 1212. SENSE OF CONGRESS REGARDING THE NEED FOR VIGOROUS 
                          PROSECUTION OF WAR CRIMES, GENOCIDE, AND 
                          CRIMES AGAINST HUMANITY IN THE FORMER 
                          REPUBLIC OF YUGOSLAVIA.

    (a) Findings.--Congress makes the following findings:

[[Page 113 STAT. 785]]

            (1) The United Nations Security Council created the 
        International Criminal Tribunal for the former Yugoslavia (in 
        this section referred to as the ``ICTY'') by resolution on May 
        25, 1993.
            (2) Although the ICTY has indicted 89 people since its 
        creation, those indictments have only resulted in the trial and 
        conviction of 8 criminals.
            (3) The ICTY has jurisdiction to investigate grave breaches 
        of the 1949 Geneva Conventions (Article 2), violations of the 
        laws or customs of war (Article 3), genocide (Article 4), and 
        crimes against humanity (Article 5).
            (4) The Chief Prosecutor of the ICTY, Justice Louise Arbour, 
        stated on July 7, 1998, to the Contact Group for the former 
        Yugoslavia, that ``[t]he Prosecutor believes that the nature and 
        scale of the fighting indicate that an `armed conflict', within 
        the meaning of international law, exists in Kosovo. As a 
        consequence, she intends to bring charges for crimes against 
        humanity or war crimes, if evidence of such crimes is 
        established''.
            (5) Reports from Kosovar Albanian refugees provide detailed 
        accounts of systematic efforts to displace the entire Muslim 
        population of Kosovo.
            (6) In furtherance of this plan, Serbian troops, police, and 
        paramilitary forces have engaged in detention and summary 
        execution of men of all ages, wanton destruction of civilian 
        housing, forcible expulsions, mass executions in at least 60 
        villages and towns, as well as widespread rape of women and 
        young girls.
            (7) These reports of atrocities provide prima facie evidence 
        of war crimes and crimes against humanity, as well as possible 
        genocide.
            (8) Any criminal investigation is best served by the 
        depositions and interviews of witnesses as soon after the 
        commission of the crime as possible.
            (9) The indictment, arrest, and trial of war criminals would 
        provide a significant deterrent to further atrocities.
            (10) The ICTY has issued 14 international warrants for war 
        crimes suspects that have yet to be served, despite knowledge of 
        the suspects' whereabouts.
            (11) Vigorous prosecution of war crimes after the conflict 
        in Bosnia may have prevented the ongoing atrocities in Kosovo.
            (12) Investigative reporters have identified specific 
        documentary evidence implicating the Serbian leadership in the 
        commission of war crimes.
            (13) NATO forces and forensic teams deployed in Kosovo have 
        uncovered physical evidence of war crimes, including mass 
        graves.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States, in coordination with other United 
        Nations member states, should provide sufficient resources for 
        an expeditious and thorough investigation of allegations of the 
        atrocities and war crimes committed in Kosovo;
            (2) the United States, through its intelligence services, 
        should provide all possible cooperation in the gathering of 
        evidence of sufficient specificity and credibility to secure the 
        indictment of those responsible for the commission of war 
        crimes,

[[Page 113 STAT. 786]]

        crimes against humanity, and genocide in the former Yugoslavia;
            (3) where evidence warrants, indictments for war crimes, 
        crimes against humanity, and genocide should be issued against 
        suspects regardless of their position within the Serbian 
        leadership;
            (4) the United States and all nations have an obligation to 
        honor arrest warrants issued by the ICTY and should use all 
        appropriate means to apprehend and bring to justice through the 
        ICTY individuals who are already under indictment;
            (5) any final settlement regarding Kosovo should not bar the 
        indictment, apprehension, or prosecution of persons accused of 
        war crimes, crimes against humanity, or genocide committed 
        during operations in Kosovo; and
            (6) President Slobodan Milosevic should be held accountable 
        for his actions while President of the Federal Republic of 
        Yugoslavia or President of the Republic of Serbia 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.

          Subtitle C--Matters Relating to NATO and Other Allies

SEC. 1221. LEGAL EFFECT OF THE NEW STRATEGIC CONCEPT OF NATO.

    (a) Certification <<NOTE: President. Deadline.>> Required.--Not 
later than 30 days after the date of the enactment of this Act, the 
President shall determine and certify to the Congress whether or not the 
new Strategic Concept of NATO imposes any new commitment or obligation 
on the United States.

    (b) Sense of Congress.--It is the sense of Congress that, if the 
President certifies under subsection (a) that the new Strategic Concept 
of NATO imposes any new commitment or obligation on the United States, 
the President should submit the new Strategic Concept of NATO to the 
Senate as a treaty for the Senate's advice and consent to ratification 
under article II, section 2, clause 2 of the Constitution.
    (c) Report.--Together with the certification made under subsection 
(a), the President shall submit to the Congress a report containing an 
analysis of the potential threats facing the North Atlantic Treaty 
Organization in the first decade of the next millennium, with particular 
reference to those threats facing a member nation, or several member 
nations, where the commitment of NATO forces will be ``out of area'' or 
beyond the borders of NATO member nations.
    (d) Definition.--For the purposes of this section, the term ``new 
Strategic Concept of NATO'' means the document approved by the Heads of 
State and Government participating in the meeting of the North Atlantic 
Council in Washington, DC, on April 23 and 24, 1999.
SEC. 1222. 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

[[Page 113 STAT. 787]]

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 <<NOTE: Deadline.>> of Report.--The report shall be 
submitted to Congress not later than June 1, 2000.
SEC. 1223. ATTENDANCE <<NOTE: 10 USC note prec. 2161.>> AT 
                          PROFESSIONAL MILITARY EDUCATION SCHOOLS 
                          BY MILITARY PERSONNEL OF THE NEW MEMBER 
                          NATIONS OF NATO.

    (a) Finding.--Congress finds that it is in the national interest of 
the United States to fully integrate Poland, Hungary, and the Czech 
Republic (the new member nations of the North Atlantic Treaty 
Organization) into the NATO alliance as quickly as possible.
    (b) Military Education and Training Programs.--The Secretary of each 
military department shall give due consideration to according a high 
priority to the attendance of military personnel of Poland, Hungary, and 
the Czech Republic at professional military education schools and 
training programs in the United States, including the United States 
Military Academy, the United States Naval Academy, the United States Air 
Force Academy, the National Defense University, the war colleges of the 
Armed Forces, the command and general staff officer courses of the Armed 
Forces, and other schools and training programs of the Armed Forces that 
admit personnel of foreign armed forces.

[[Page 113 STAT. 788]]

                        Subtitle D--Other Matters

SEC. 1231. MULTINATIONAL <<NOTE: 50 USC 1707.>> ECONOMIC EMBARGOES 
                          AGAINST GOV-
                          ERNMENTS IN ARMED CONFLICT WITH THE 
                          UNITED STATES.

    (a) Policy on the Establishment of Embargoes.--It is the policy of 
the United States, that upon the use of the Armed Forces of the United 
States to engage in hostilities against any foreign country, the 
President shall, as appropriate--
            (1) seek the establishment of a multinational economic 
        embargo against such country; and
            (2) seek the seizure of its foreign financial assets.

    (b) Reports <<NOTE: President. Deadline.>> to Congress.--Not later 
than 20 days after the first day of the engagement of the United States 
in hostilities described in subsection (a), the President shall, if the 
armed conflict has continued for 14 days, submit to Congress a report 
setting forth--
            (1) the specific steps the United States has taken and will 
        continue to take to establish a multinational economic embargo 
        and to initiate financial asset seizure pursuant to subsection 
        (a); and
            (2) any foreign sources of trade or revenue that directly or 
        indirectly support the ability of the adversarial government to 
        sustain a military conflict against the United States.
SEC. 1232. LIMITATION <<NOTE: 50 USC 1541 note.>> ON DEPLOYMENT OF 
                          ARMED FORCES IN HAITI DURING FISCAL YEAR 
                          2000 AND CONGRESSIONAL NOTICE OF 
                          DEPLOYMENTS TO HAITI.

    (a) Limitation on Deployment.--No funds available to the Department 
of Defense during fiscal year 2000 may be expended after May 31, 2000, 
for the continuous deployment of United States Armed Forces in Haiti 
pursuant to the Department of Defense operation designated as Operation 
Uphold Democracy.
    (b) Report.--Whenever there is a deployment of United States Armed 
Forces to Haiti after May 31, 2000, the President shall, not later than 
96 hours after such deployment begins, transmit to Congress a written 
report regarding the deployment. In any such report, the President shall 
specify (1) the purpose of the deployment, and (2) the date on which the 
deployment is expected to end.
SEC. 1233. REPORT <<NOTE: Deadline.>> ON THE SECURITY SITUATION ON 
                          THE KOREAN PENINSULA.

    (a) Report.--Not later than April 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.

[[Page 113 STAT. 789]]

            (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. 1234. SENSE OF CONGRESS REGARDING THE CONTINUATION OF 
                          SANCTIONS AGAINST LIBYA.

    (a) Findings.--Congress makes the following findings:
            (1) <<NOTE: Pan American Flight 103.>> On December 21, 1988, 
        270 people, including 189 United States citizens, were killed in 
        a terrorist bombing on Pan American Flight 103 over Lockerbie, 
        Scotland.
            (2) <<NOTE: Abd al-Baset Ali al-Megrahi. Al-Amin Khalifah 
        Fhimah.>> The United Kingdom and the United States indicted two 
        Libyan intelligence agents, Abd al-Baset Ali al-Megrahi and Al-
        Amin Khalifah Fhimah, in 1991 and sought their extradition from 
        Libya to the United States or the United Kingdom to stand trial 
        for this heinous terrorist act.
            (3) <<NOTE: Muammar Qadhafi.>> The United Nations Security 
        Council called for the extradition of those suspects in Security 
        Council Resolution 731 and imposed sanctions on Libya in 
        Security Council Resolutions 748 and 883 because Libyan leader 
        Colonel Muammar Qadhafi refused to transfer the suspects to 
        either the United States or the United Kingdom to stand trial.
            (4) United Nations Security Council Resolutions 731, 748, 
        and 883 demand that Libya cease all support for terrorism, turn 
        over the two suspects, cooperate with the investigation and the 
        trial, and address the issue of appropriate compensation.
            (5) The sanctions in United Nations Security Council 
        Resolutions 748 and 883 include--
                    (A) a worldwide ban on Libya's national airline;
                    (B) a ban on flights into and out of Libya by other 
                nations' airlines; and
                    (C) a prohibition on supplying arms, airplane parts, 
                and certain oil equipment to Libya, and a blocking of 
                Libyan Government funds in other countries.
            (6) Colonel Muammar Qadhafi for many years refused to 
        extradite the suspects to either the United States or the United 
        Kingdom and had insisted that he would only transfer the 
        suspects to a third and neutral country to stand trial.
            (7) On August 24, 1998, the United States and the United 
        Kingdom agreed to the proposal that Colonel Qadhafi transfer the 
        suspects to The Netherlands, where they would stand trial under 
        a Scottish court, under Scottish law, and with a panel of 
        Scottish judges.

[[Page 113 STAT. 790]]

            (8) The United Nations Security Council endorsed the United 
        States-United Kingdom proposal on August 27, 1998 in United 
        Nations Security Council Resolution 1192.
            (9) The United States, consistent with United Nations 
        Security Council resolutions, called on Libya to ensure the 
        production of evidence, including the presence of witnesses 
        before the court, and to comply fully with all the requirements 
        of the United Nations Security Council resolutions.
            (10) After years of intensive diplomacy, Colonel Qadhafi 
        finally transferred the two Libyan suspects to The Netherlands 
        on April 5, 1999, and the United Nations Security Council, in 
        turn, suspended its sanctions against Libya that same day.
            (11) Libya has only fulfilled one of four conditions (the 
        transfer of the two suspects accused in the Lockerbie bombing) 
        set forth in United Nations Security Council Resolutions 731, 
        748, and 883 that would justify the lifting of United Nations 
        Security Council sanctions against Libya.
            (12) Libya has not fulfilled the other three conditions 
        (cooperation with the Lockerbie investigation and trial, 
        renunciation of and ending support for terrorism, and payment of 
        appropriate compensation) necessary to lift the United Nations 
        Security Council sanctions.
            (13) The United Nations Secretary General issued a report to 
        the Security Council on June 30, 1999, on the issue of Libya's 
        compliance with the remaining conditions.
            (14) Any member of the United Nations Security Council has 
        the right to introduce a resolution to lift the sanctions 
        against Libya now that the United Nations Secretary General's 
        report has been issued.
            (15) The United States Government considers Libya a state 
        sponsor of terrorism and the State Department Report, ``Patterns 
        of Global Terrorism; 1998'', stated that Colonel Qadhafi 
        ``continued publicly and privately to support Palestinian 
        terrorist groups, including the PIJ and the PFLP-GC''.
            (16) United States Government sanctions (other than 
        sanctions on food or medicine) should be maintained on Libya, 
        and in accordance with United States law, the Secretary of State 
        should keep Libya on the list of countries the governments of 
        which have repeatedly provided support for acts of international 
        terrorism under section 6(j) of the Export Administration Act of 
        1979 in light of Libya's ongoing support for terrorist groups.

    (b) Sense of Congress.--It is the sense of Congress that the 
President should use all diplomatic means necessary, including the use 
of the United States veto at the United Nations Security Council, to 
prevent the Security Council from lifting sanctions against Libya until 
Libya fulfills all of the conditions set forth in United Nations 
Security Council Resolutions 731, 748, and 883.
SEC. 1235. SENSE OF CONGRESS AND REPORT ON DISENGAGING FROM 
                          NONCRITICAL OVERSEAS MISSIONS INVOLVING 
                          UNITED STATES COMBAT FORCES.

    (a) Findings.--Congress makes the following findings:
            (1) It is the National Security Strategy of the United 
        States to ``deter and defeat large-scale, cross-border 
        aggression in two distant theaters in overlapping time frames''.

[[Page 113 STAT. 791]]

            (2) The deterrence of Iraq and Iran in Southwest Asia and 
        the deterrence of North Korea in Northeast Asia represent two 
        such potential large-scale, cross-border theater requirements.
            (3) The United States has 120,000 military personnel 
        permanently assigned to the Southwest Asia and Northeast Asia 
        theaters.
            (4) The United States has an additional 70,000 military 
        personnel assigned to non-NATO/non-Pacific threat foreign 
        countries.
            (5) The United States has more than 6,000 military personnel 
        in Bosnia-Herzegovina on indefinite assignment.
            (6) The United States has diverted permanently assigned 
        resources from other theaters to support operations in the 
        Balkans.
            (7) The United States provides military forces to seven 
        active United Nations peacekeeping operations, including some 
        missions that have continued for decades.
            (8) Between 1986 and 1998, the number of United States 
        military deployments per year has nearly tripled at the same 
        time the Department of Defense budget has been reduced in real 
        terms by 38 percent.
            (9) The Army has 10 active-duty divisions today, down from 
        18 in 1991, while on an average day in fiscal year 1998, 28,000 
        United States Army soldiers were deployed to more than 70 
        countries for over 300 separate missions.
            (10) The number of fighter wings in the active component of 
        the Air Force has gone from 22 to 13 since 1991, while 70 
        percent of air sorties in Operation Allied Force over the 
        Balkans were United States-flown and the Air Force continues to 
        enforce northern and southern no-fly zones in Iraq. In response, 
        the Air Force has initiated a ``stop loss'' program to block 
        normal retirements and separations.
            (11) The Navy has been reduced in size to 339 ships, its 
        lowest level since 1938, necessitating the redeployment of the 
        only overseas homeported aircraft carrier from the western 
        Pacific to the Mediterranean to support Operation Allied Force.
            (12) In 1998, just 10 percent of eligible carrier naval 
        aviators (27 out of 261) accepted continuation bonuses and 
        remained in the service.
            (13) In 1998, 48 percent of Air Force pilots eligible for 
        continuation chose to leave the service.
            (14) The Army could fall 6,000 below congressionally 
        authorized strength levels by the end of 1999.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the readiness of United States military forces to 
        execute the National Security Strategy of the United States 
        referred to in subsection (a)(1) is being eroded by a 
        combination of declining defense budgets and expanded missions; 
        and
            (2) there may be missions to which the United States is 
        contributing Armed Forces from which the United States can begin 
        disengaging.

    (c) Report <<NOTE: President. Deadline.>> Requirement.--Not later 
than March 1, 2000, the President shall submit to the Committee on Armed 
Services and the Committee on Appropriations of the Senate and the 
Committee on Armed Services and the Committee on Appropriations of the 
House of Representatives a report prioritizing the ongoing global

[[Page 113 STAT. 792]]

missions to which the United States is contributing forces. The 
President shall include in the report a feasibility analysis of how the 
United States can--
            (1) shift resources from low priority missions in support of 
        higher priority missions;
            (2) consolidate or reduce United States troop commitments 
        worldwide; and
            (3) end low priority missions.

                   TITLE XIII--COOPERATIVE THREAT RE-
                     DUCTION WITH STATES OF THE FOR-
                            MER 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 until submission of report.
Sec. 1307. Limitation on use of funds until submission of multiyear 
                      plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United 
                      States assistance under Cooperative Threat 
                      Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS 
                          AND FUNDS.

    (a) Specification <<NOTE: 22 USC 5952 note.>> 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 <<NOTE: 22 USC 5952 note.>> 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 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 $475,500,000 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, 
        $41,800,000.
            (3) For activities to support warhead dismantlement 
        processing in Russia, $9,300,000.
            (4) For security enhancements at chemical weapons storage 
        sites in Russia, $20,000,000.

[[Page 113 STAT. 793]]

            (5) For weapons transportation security in Russia, 
        $15,200,000.
            (6) For planning, design, and construction of a storage 
        facility for Russian fissile material, $64,500,000.
            (7) For weapons storage security in Russia, $99,000,000.
            (8) For development of a cooperative program with the 
        Government of Russia to eliminate the production of weapons 
        grade plutonium at Russian reactors, $32,300,000.
            (9) For biological weapons proliferation prevention 
        activities in Russia, $12,000,000.
            (10) For activities designated as Other Assessments/
        Administrative Support, $1,800,000.
            (11) For defense and military contacts, $2,300,000.

    (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 (11) 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 for a 
purpose listed in any of the paragraphs in subsection (a) in excess of 
the amount specifically authorized for such purpose.
    (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) <<NOTE: Notification.>> 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 (4) 
through (6), (8), (10), or (11) of subsection (a) in excess of 115 
percent of the amount specifically authorized for such purposes.
SEC. 1303. PROHIBITION <<NOTE: 22 USC 5952 note.>> 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.

[[Page 113 STAT. 794]]

            (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 the authorization of 
appropriations in section 301 of 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 may be obligated or expended for 
elimination of conventional weapons or the delivery vehicles primarily 
intended to deliver such weapons.
SEC. 1304. LIMITATIONS <<NOTE: 22 USC 5952 note.>> 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(a)(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 verifiable written transparency agreement 
        that ensures that material stored at the facility is of weapons 
        origin.

    (b) Limitation on Construction.--No funds authorized to be 
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.
            (3) A certification that Russia and the United States have 
        signed a verifiable written transparency agreement that ensures 
        that material stored at the facility is of weapons origin.
SEC. 1305. LIMITATION <<NOTE: 22 USC 5952 note.>> 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 UNTIL SUBMISSION OF REPORT.

    Not more than 50 percent of the fiscal year 2000 Cooperative Threat 
Reduction funds may be obligated or expended until the Secretary of 
Defense submits to Congress a report describing--
            (1) with respect to each purpose listed in section 1302, 
        whether the Department of Defense is the appropriate executive

[[Page 113 STAT. 795]]

        agency to carry out Cooperative Threat Reduction programs for 
        such purpose, and if so, why; and
            (2) 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.
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
                          MULTIYEAR PLAN.

    Not more than ten percent of fiscal year 2000 Cooperative Threat 
Reduction funds may be obligated or expended until the Secretary of 
Defense submits to Congress 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; 22 U.S.C. 5952 note).

SEC. 1308. REQUIREMENT TO SUBMIT REPORT.

    Not <<NOTE: Deadline.>> 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;
            (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; and
            (4) an identification of the amount of international 
        financial assistance provided for Cooperative Threat Reduction 
        programs by other States.
SEC. 1309. REPORT <<NOTE: President. Deadline.>> ON EXPANDED 
                          THREAT REDUCTION INITIATIVE.

    Not later than March 31, 2000, 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.
SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
                          CERTIFICATION.

    No funds appropriated for fiscal year 1999 for Cooperative Threat 
Reduction programs and remaining available for obligation or expenditure 
may be obligated or expended for assistance for any country under a 
Cooperative Threat Reduction Program until the President resubmits to 
Congress an updated certification under section 1203(d) of the 
Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-
160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union 
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C. 
5902(d)), and section 502 of the Freedom for Russia and Emerging 
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 
102-511; 22 U.S.C. 5852).

[[Page 113 STAT. 796]]

SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR 
                          UNITED STATES ASSISTANCE UNDER 
                          COOPERATIVE THREAT REDUCTION PROGRAMS.

    Section 1206(a)(2) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22 U.S.C. 5955 
note) is amended to read as follows:
    ``(2) <<NOTE: Deadline.>> The report shall be submitted under this 
section not later than January 31 of each year and shall cover the 
fiscal year ending in the preceding calendar year. No report is required 
under this section after the completion of the Cooperative Threat 
Reduction programs.''.

SEC. 1312. RUSSIAN <<NOTE: 22 USC 5955 note.>> NONSTRATEGIC NUCLEAR 
            ARMS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) it is in the interest of Russia to fully implement the 
        Presidential Nuclear Initiatives announced in 1991 and 1992 by 
        then-President of the Soviet Union Gorbachev and then-President 
        of Russia Yeltsin;
            (2) the President of the United States should call on Russia 
        to match the unilateral reductions in the United States 
        inventory of tactical nuclear weapons, which have reduced the 
        inventory by nearly 90 percent; and
            (3) if the re-certification under section 1310 is made, the 
        President should emphasize the continued interest of the United 
        States in working cooperatively with Russia to reduce the 
        dangers associated with Russia's tactical nuclear arsenal.

    (b) Annual Reporting Requirement.--(1) Each annual report on 
accounting for United States assistance under Cooperative Threat 
Reduction programs that is submitted to Congress under section 1206 of 
the National Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106; 110 Stat. 471; 22 U.S.C. 5955 note) after fiscal year 1999 
shall include, regarding Russia's arsenal of tactical nuclear warheads, 
the following:
            (A) Estimates regarding current types, numbers, yields, 
        viability, locations, and deployment status of the warheads.
            (B) An assessment of the strategic relevance of the 
        warheads.
            (C) An assessment of the current and projected threat of 
        theft, sale, or unauthorized use of the warheads.
            (D) A summary of past, current, and planned United States 
        efforts to work cooperatively with Russia to account for, 
        secure, and reduce Russia's stockpile of tactical nuclear 
        warheads and associated fissile material.

    (2) The Secretary of Defense shall include in the annual report 
described in paragraph (1) the views on the report provided under 
subsection (c).
    (c) Views of the Director of Central Intelligence.--The Director of 
Central Intelligence shall submit to the Secretary of Defense, for 
inclusion as an appendix in the annual report described in subsection 
(b), the Director's views on the matters described in paragraph (1) of 
that subsection regarding Russia's tactical nuclear weapons.

[[Page 113 STAT. 797]]

              TITLE XIV--PROLIFERATION AND EXPORT CONTROLS

Sec. 1401. Adherence of People's Republic of China to Missile Technology 
                      Control Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology 
                      to countries and entities of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted 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. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department 
                      of State.
Sec. 1411. Enhanced intelligence consultation on satellite license 
                      applications.
Sec. 1412. Investigations of violations of export controls by United 
                      States satellite manufacturers.
SEC. 1401. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE 
                          TECHNOLOGY CONTROL REGIME.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the President should take all actions appropriate to 
        obtain a bilateral agreement with the People's Republic of China 
        to adhere to the Missile Technology Control Regime (MTCR) and 
        the MTCR Annex; and
            (2) the People's Republic of China should not be permitted 
        to join the Missile Technology Control Regime as a member 
        without having--
                    (A) agreed to the Missile Technology Control Regime 
                and the specific provisions of the MTCR Annex;
                    (B) demonstrated a sustained and verified record of 
                performance with respect to the nonproliferation of 
                missiles and missile technology; and
                    (C) adopted an effective export control system for 
                implementing guidelines under the Missile Technology 
                Control Regime and the MTCR Annex.

    (b) Report <<NOTE: President. Deadline.>> Required.--Not later than 
January 31, 2000, the President shall transmit to Congress a report 
explaining--
            (1) the policy and commitments that the People's Republic of 
        China has stated on its adherence to the Missile Technology 
        Control Regime and the MTCR Annex;
            (2) the degree to which the People's Republic of China is 
        complying with its stated policy and commitments on adhering to 
        the Missile Technology Control Regime and the MTCR Annex; and
            (3) actions taken by the United States to encourage the 
        People's Republic of China to adhere to the Missile Technology 
        Control Regime and the MTCR Annex.

    (c) Definitions.--In this section:
            (1) Missile technology control regime.--The term ``Missile 
        Technology Control Regime'' means the policy statement, between 
        the United States, the United Kingdom, the Federal Republic of 
        Germany, France, Italy, Canada, and Japan, announced April 16, 
        1987, to restrict sensitive missile-relevant transfers based on 
        the MTCR Annex, and any amendments thereto.

[[Page 113 STAT. 798]]

            (2) MTCR annex.--The term ``MTCR Annex'' means the 
        Guidelines and Equipment and Technology Annex of the Missile 
        Technology Control Regime, and any amendments thereto.
SEC. 1402. ANNUAL <<NOTE: 22 USC 2778 note.>> REPORT ON TRANSFERS 
                          OF MILITARILY SENSITIVE TECHNOLOGY TO 
                          COUNTRIES AND ENTITIES OF CONCERN.

    (a) Annual <<NOTE: President. Deadline.>> Report.--Not later than 
March 30 of each year beginning in the year 2000 and ending in the year 
2007, the President shall transmit to Congress a report on transfers to 
countries and entities of concern during the preceding calendar year of 
the most significant categories of United States technologies and 
technical information with potential military applications.

    (b) Contents of Report.--The report required by subsection (a) shall 
include, at a minimum, the following:
            (1) An assessment by the Director of Central Intelligence of 
        efforts by countries and entities of concern to acquire 
        technologies and technical information referred to in subsection 
        (a) during the preceding calendar year.
            (2) An assessment by the Secretary of Defense, in 
        consultation with the Joint Chiefs of Staff and the Director of 
        Central Intelligence, of the cumulative impact of licenses 
        granted by the United States for exports of technologies and 
        technical information referred to in subsection (a) to countries 
        and entities of concern during the preceding 5-calendar year 
        period on--
                    (A) the military capabilities of such countries and 
                entities; and
                    (B) countermeasures that may be necessary to 
                overcome the use of such technologies and technical 
                information.
            (3) An audit by the Inspectors General of the Departments of 
        Defense, State, Commerce, and Energy, in consultation with the 
        Director of Central Intelligence and the Director of the Federal 
        Bureau of Investigation, of the policies and procedures of the 
        United States Government with respect to the export of 
        technologies and technical information referred to in subsection 
        (a) to countries and entities of concern.

    (c) Additional Requirement for First Report.--The first annual 
report required by subsection (a) shall include an assessment by the 
Inspectors General of the Departments of State, Defense, Commerce, and 
the Treasury and the Inspector General of the Central Intelligence 
Agency of the adequacy of current export controls and 
counterintelligence measures to protect against the acquisition by 
countries and entities of concern of United States technology and 
technical information referred to in subsection (a).
    (d) Support of Other Agencies.--Upon the request of the officials 
responsible for preparing the assessments required by subsection (b), 
the heads of other departments and agencies shall make available to 
those officials all information necessary to carry out the requirements 
of this section.
    (e) Classified and Unclassified Reports.--Each report required by 
this section shall be submitted in classified form and unclassified 
form.
    (f) Definition.--As used in this section, the term ``countries and 
entities of concern'' means--

[[Page 113 STAT. 799]]

            (1) any 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;
            (2) any country that--
                    (A) has detonated a nuclear explosive device (as 
                defined in section 830(4) of the Nuclear Proliferation 
                Prevention Act of 1994 (22 U.S.C. 3201 note)); and
                    (B) is not a member of the North Atlantic Treaty 
                Organization; and
            (3) any entity that--
                    (A) is engaged in international terrorism or 
                activities in preparation thereof; or
                    (B) is directed or controlled by the government of a 
                country described in paragraph (1) or (2).
SEC. 1403. RESOURCES <<NOTE: 22 USC 2778 note.>> 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.
    (c) Updating <<NOTE: Deadline.>> of State Department Report.--Not 
later than March 1, 2000, the Secretary of State, in consultation with 
the Secretary of Defense and the Secretary of Commerce, shall transmit 
to Congress a report updating the information reported to Congress under 
section 1513(d)(3) of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (22 U.S.C. 2778 note).
SEC. 1404. SECURITY <<NOTE: 22 USC 2778 note.>> IN CONNECTION WITH 
                          SATELLITE EXPORT LICENSING.

    As a condition of the export license for any satellite to be 
launched in a country subject to section 1514 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 
note), the Secretary of State shall require the following:

[[Page 113 STAT. 800]]

            (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 (22 U.S.C. 2778 note) be 
        prepared by the Department of Defense and the licensee, and that 
        the plan set forth enhanced security arrangements for the launch 
        of the satellite, both before and during launch operations.
            (2) That each person providing security for the launch of 
        that satellite--
                    (A) report directly to the launch monitor with 
                regard to issues relevant to the technology transfer 
                control plan;
                    (B) have received appropriate training in the 
                International Trafficking in Arms Regulations (hereafter 
                in this title 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.
SEC. 1405. REPORTING <<NOTE: 22 USC 2778 note.>> OF TECHNOLOGY 
                          TRANSMITTED 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 with regard to each space launch that the monitors are 
responsible for monitoring, 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.

[[Page 113 STAT. 801]]

SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING 
                          HIGH-PERFORMANCE COMPUTERS TO THE 
                          PEOPLE'S REPUBLIC OF CHINA.

    (a) Review.--The <<NOTE: President.>> President, in consultation 
with the Secretary of Defense and the Secretary of Energy, shall conduct 
a comprehensive review of the national security implications of 
exporting high-performance computers to the People's Republic of China. 
To the extent that such testing has not already been conducted by the 
Government, the President, as part of the review, 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 <<NOTE: President.>> President shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the results of the 
review conducted under subsection (a). <<NOTE: Deadline.>> The report 
shall be submitted not later than 6 months after the date of the 
enactment of this Act in classified and unclassified form and shall be 
updated not later than February 1 of each of the years 2001 through 
2004.
SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF 
                          CHINA OF HIGH-PERFORMANCE COMPUTERS.

    (a) Revised <<NOTE: President.>> 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. The 
President shall transmit a copy of any such 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 (50 U.S.C. App. 2404 note) is 
amended by adding at the end the following new subsection:
    ``(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 subsection (a).''.
SEC. 1408. ENHANCED <<NOTE: 22 USC 2778 note.>> MULTILATERAL 
                          EXPORT CONTROLS.

    (a) New <<NOTE: President.>> International Controls.--The President 
shall seek to establish new enhanced international controls on 
technology transfers that threaten international peace and United States 
national security.

    (b) Improved <<NOTE: President.>> Sharing of Information.--The 
President shall take appropriate actions to improve the sharing of 
information by nations that are major exporters of technology so that 
the United States can track movements of technology covered by the 
Wassenaar

[[Page 113 STAT. 802]]

Arrangement and enforce technology controls and re-export requirements 
for such technology.

    (c) Definition.--As used in this section, the term ``Wassenaar 
Arrangement'' means the multilateral export control regime covering 
conventional armaments and sensitive dual-use goods and technologies 
that was agreed to by 33 co-founding countries in July 1996 and began 
operation in September 1996.
SEC. 1409. ENHANCEMENT <<NOTE: 22 USC 2778 note.>> OF ACTIVITIES 
                          OF DEFENSE THREAT REDUCTION AGENCY.

    (a) In <<NOTE: Regulations. Deadline.>> General.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense shall prescribe regulations to--
            (1) authorize the personnel of the Defense Threat Reduction 
        Agency (DTRA) who monitor satellite launch campaigns overseas to 
        suspend such campaigns at any time if the suspension is required 
        for purposes of the national security of the United States;
            (2) ensure that persons assigned as space launch campaign 
        monitors are provided sufficient training and have adequate 
        experience in the regulations prescribed by the Secretary of 
        State known as the ITAR and have significant experience and 
        expertise with satellite technology, launch vehicle technology, 
        and launch operations technology;
            (3) ensure that adequate numbers of such monitors are 
        assigned to space launch campaigns so that 24-hour, 7-day per 
        week coverage is provided;
            (4) 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);
            (5) adopt measures designed to make service as a space 
        launch campaign monitor an attractive career opportunity;
            (6) allocate funds and other resources to the Agency at 
        levels sufficient to prevent any shortfalls in the number of 
        such personnel;
            (7) establish mechanisms in accordance with the provisions 
        of section 1514(a)(2)(A) of the Strom Thurmond National Defense 
        Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
        Stat. 2175; 22 U.S.C. 2778 note) that provide for--
                    (A) the payment to the Department of Defense by the 
                person or entity receiving the launch monitoring 
                services concerned, before the beginning of a fiscal 
                year, of an amount equal to the amount estimated to be 
                required by the Department to monitor the launch 
                campaigns during that fiscal year;
                    (B) the reimbursement of the Department of Defense, 
                at the end of each fiscal year, for amounts expended by 
                the Department in monitoring the launch campaigns in 
                excess of the amount provided under subparagraph (A); 
                and
                    (C) the reimbursement of the person or entity 
                receiving the launch monitoring services if the amount 
                provided under subparagraph (A) exceeds the amount 
                actually expended by the Department of Defense in 
                monitoring the launch campaigns;

[[Page 113 STAT. 803]]

            (8) review and improve guidelines on the scope of 
        permissible discussions with foreign persons regarding 
        technology and technical information, including the technology 
        and technical information that should not be included in such 
        discussions;
            (9) provide, in conjunction with other Federal agencies, on 
        at least an annual basis, briefings to the officers and 
        employees of United States commercial satellite entities on 
        United States export license standards, guidelines, and 
        restrictions, and encourage such officers and employees to 
        participate in such briefings;
            (10) establish a system for--
                    (A) the preparation and filing by personnel of the 
                Agency who monitor satellite launch campaigns overseas 
                of detailed reports of all relevant activities observed 
                by such personnel in the course of monitoring such 
                campaigns;
                    (B) the systematic archiving of reports filed under 
                subparagraph (A); and
                    (C) the preservation of such reports in accordance 
                with applicable laws; and
            (11) establish a counterintelligence program within the 
        Agency as part of its satellite launch monitoring program.

    (b) Annual Report on Implementation of Satellite Technology 
Safeguards.--(1) The Secretary of Defense and the Secretary of State 
shall each submit to Congress each year, as part of the annual report 
for that year under section 1514(a)(8) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999, the following:
            (A) A summary of the satellite launch campaigns and related 
        activities monitored by the Defense Threat Reduction Agency 
        during the preceding fiscal year.
            (B) A description of any license infractions or violations 
        that may have occurred during such campaigns and activities.
            (C) A description of the personnel, funds, and other 
        resources dedicated to the satellite launch monitoring program 
        of the Agency during that fiscal year.
            (D) An assessment of the record of United States satellite 
        makers in cooperating with Agency monitors, and in complying 
        with United States export control laws, during that fiscal year.

    (2) Each report under paragraph (1) shall be submitted in classified 
form and unclassified form.
SEC. 1410. TIMELY <<NOTE: 22 USC 2778 note.>> NOTIFICATION OF 
                          LICENSING DECISIONS BY THE DEPARTMENT OF 
                          STATE.

    Not <<NOTE: Deadline.>> later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall prescribe 
regulations to provide timely notice to the manufacturer of a commercial 
satellite of United States origin of the final determination of the 
decision on the application for a license involving the overseas launch 
of such satellite.
SEC. 1411. ENHANCED <<NOTE: 22 USC 2778 note.>> INTELLIGENCE 
                          CONSULTATION ON SATELLITE LICENSE 
                          APPLICATIONS.

    (a) Consultation During Review of Applications.--The Secretary of 
State and Secretary of Defense, as appropriate, shall consult with the 
Director of Central Intelligence during the review of any application 
for a license involving the overseas launch of a commercial satellite of 
United States origin. The purpose of the consultation is to assure that 
the launch of the satellite, if the

[[Page 113 STAT. 804]]

license is approved, will meet the requirements necessary to protect the 
national security interests of the United States.
    (b) Advisory Group.--(1) The Director of Central Intelligence shall 
establish within the intelligence community an advisory group to provide 
information and analysis to Congress, and to appropriate departments and 
agencies of the Federal Government, on the national security 
implications of granting licenses involving the overseas launch of 
commercial satellites of United States origin.
    (2) The advisory group shall include technically-qualified 
representatives of the Central Intelligence Agency, the Defense 
Intelligence Agency, the National Security Agency, the National Air 
Intelligence Center, and the Department of State Bureau of Intelligence 
and Research and representatives of other elements of the intelligence 
community with appropriate expertise.
    (3) In addition to the duties under paragraph (1), the advisory 
group shall--
            (A) review, on a continuing basis, information relating to 
        transfers of satellite, launch vehicle, or other technology or 
        knowledge with respect to the course of the overseas launch of 
        commercial satellites of United States origin; and
            (B) analyze the potential impact of such transfers on the 
        space and military systems, programs, or activities of foreign 
        countries.

    (4) The Director of the Nonproliferation Center of the Central 
Intelligence Agency shall serve as chairman of the advisory group.
    (5)(A) <<NOTE: Reports.>> The advisory group shall, upon request 
(but not less often than annually), submit reports on the matters 
referred to in paragraphs (1) and (3) to the appropriate committees of 
Congress and to appropriate departments and agencies of the Federal 
Government.

    (B) The first annual report under subparagraph (A) shall be 
submitted not later than one year after the date of the enactment of 
this Act.
    (c) Intelligence Community Defined.--In this section, the term 
``intelligence community'' has the meaning given that term in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 1412. INVESTIGATIONS <<NOTE: 22 USC 2778 note.>> OF 
                          VIOLATIONS OF EXPORT CONTROLS BY UNITED 
                          STATES SATELLITE MANUFACTURERS.

    (a) Notice <<NOTE: President.>> to Congress of Investigations.--The 
President shall promptly notify the appropriate committees of Congress 
whenever an investigation is undertaken by the Department of Justice 
of--
            (1) an alleged violation of United States export control 
        laws in connection with a commercial satellite of United States 
        origin; or
            (2) an alleged violation of United States export control 
        laws in connection with an item controlled under section 38 of 
        the Arms Export Control Act (22 U.S.C. 2778) that is likely to 
        cause significant harm or damage to the national security 
        interests of the United States.

    (b) Notice <<NOTE: President.>> to Congress of Certain Export 
Waivers.--The President shall promptly notify the appropriate committees 
of Congress whenever an export waiver pursuant to section 902 of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 
U.S.C. 2151 note) is granted on behalf of any United States

[[Page 113 STAT. 805]]

person that is the subject of an investigation described in subsection 
(a). The notice shall include a justification for the waiver.

    (c) Exception.--The requirements in subsections (a) and (b) shall 
not apply if the President determines that notification of the 
appropriate committees of Congress under such subsections would 
jeopardize an on-going criminal investigation. If the President makes 
such a determination, the President shall provide written notification 
of such determination to the Speaker of the House of Representatives, 
the majority leader of the Senate, the minority leader of the House of 
Representatives, and the minority leader of the Senate. The notification 
shall include a justification for the determination.
    (d) Identification of Persons Subject to Investigation.--The 
Secretary of State and the Attorney General shall develop appropriate 
mechanisms to identify, for the purposes of processing export licenses 
for commercial satellites, persons who are the subject of an 
investigation described in subsection (a).
    (e) Protection of Classified and Other Sensitive Information.--The 
appropriate committees of Congress shall ensure that appropriate 
procedures are in place to protect from unauthorized disclosure 
classified information, information relating to intelligence sources and 
methods, and sensitive law enforcement information that is furnished to 
those committees pursuant to this section.
    (f) Statutory Construction.--Nothing in this section shall be 
construed to modify or supersede any other requirement to report 
information on intelligence activities to Congress, including the 
requirement under section 501 of the National Security Act of 1947 (50 
U.S.C. 413).
    (g) Definitions.--As used in this section:
            (1) The term ``appropriate committees of Congress'' means 
        the following:
                    (A) The Committee on Armed Services, the Committee 
                on Foreign Relations, and the Select Committee on 
                Intelligence of the Senate.
                    (B) The Committee on Armed Services, the Committee 
                on International Relations, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
            (2) The term ``United States person'' means any United 
        States resident or national (other than an individual resident 
        outside the United States and employed by other than a United 
        States person), any domestic concern (including any permanent 
        domestic establishment of any foreign concern), and any foreign 
        subsidiary or affiliate (including any permanent foreign 
        establishment) of any domestic concern which is controlled in 
        fact by such domestic concern, as determined under regulations 
        of the President.

         TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS

Sec. 1501. Revision to limitation on retirement or dismantlement of 
                      strategic nuclear delivery systems.
Sec. 1502. Sense of Congress on strategic arms reductions.
Sec. 1503. Report on strategic stability under START III.
Sec. 1504. Counterproliferation Program Review Committee.
Sec. 1505. Support of United Nations-sponsored efforts to inspect and 
                      monitor Iraqi weapons activities.

[[Page 113 STAT. 806]]

SEC. 1501. 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; 111 Stat. 1948) 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)(B) shall be modified in 
accordance with paragraph (3) 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.
            ``(D) That the United States will retain the ability to 
        increase the delivery capacity of its strategic nuclear delivery 
        systems should threats arise that require more substantial 
        United States strategic forces.

    ``(3) If the President submits the certification described in 
paragraph (2), then the applicable number in effect under paragraph 
(1)(B)--
            ``(A) shall be 16 during the period beginning on the date on 
        which such certification is transmitted to Congress and ending 
        on the date specified in subparagraph (B); and
            ``(B) shall be 14 effective as of the date that is 240 days 
        after the date on which such certification is transmitted.

    ``(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)(B) 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) 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. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS.

    It is the sense of Congress that, in negotiating a START III Treaty 
with the Russian Federation, or any other arms control

[[Page 113 STAT. 807]]

treaty with the Russian Federation that would require reductions in 
United States strategic nuclear forces, that--
            (1) the strategic nuclear forces and nuclear modernization 
        programs of the People's Republic of China and every other 
        nation possessing nuclear weapons should be taken into full 
        consideration in the negotiation of such treaty; and
            (2) the reductions in United States strategic nuclear forces 
        under such a treaty should not be to such an extent as to impede 
        the capability of the United States to respond militarily to any 
        militarily significant increase in the threat to United States 
        security or strategic stability posed by the People's Republic 
        of China and any other nation.
SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III.

    (a) Report.--Not <<NOTE: President.>> 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 Services of the House of 
Representatives a report, to be prepared in consultation with the 
Director of Central Intelligence, on the stability of the future 
strategic nuclear posture of the United States for deterring the Russian 
Federation and other potential nuclear adversaries.

    (b) Matters To Be Included.--The Secretary shall, at a minimum, 
include in the report the following:
            (1) A discussion of the policy defining the deterrence and 
        military-political objectives of the United States against 
        potential nuclear adversaries.
            (2) A discussion of the military requirements for United 
        States nuclear forces, the force structure and capabilities 
        necessary to meet those requirements, and how they relate to the 
        achievement of the objectives identified under paragraph (1).
            (3) A projection of the strategic nuclear force posture of 
        the United States and the Russian Federation that is anticipated 
        under a further Strategic Arms Reduction Treaty (referred to as 
        ``START III''), and an explanation of whether and how United 
        States nuclear forces envisioned under that posture would be 
        capable of meeting the military sufficiency requirements 
        identified under paragraph (2).
            (4) The Secretary's assessment of Russia's nuclear force 
        posture under START III compared to its present force, including 
        its size, vulnerability, and capability for launch on tactical 
        warning, and an assessment of whether strategic stability would 
        be enhanced or diminished under START III, including any 
        stabilizing and destabilizing factors and possible incentives or 
        disincentives for Russia to launch a first strike, or otherwise 
        use nuclear weapons, against the United States in a possible 
        future crisis.
            (5) The Secretary's assessment of the nuclear weapon 
        capabilities of China and other potential nuclear weapon 
        ``rogue'' states in the foreseeable future, and an assessment of 
        the effect of these capabilities on strategic stability, 
        including their ability and inclination to use nuclear weapons 
        against the United States in a possible future crisis.
            (6) The Secretary's assessment of whether asymmetries 
        between the United States and Russia, including doctrine, 
        nonstrategic nuclear weapons, and active and passive defenses, 
        are likely to erode strategic stability in the foreseeable 
        future.

[[Page 113 STAT. 808]]

            (7) Any other matters the Secretary believes are important 
        to such a consideration of strategic stability under future 
        nuclear postures.

    (c) Classification.--The report shall be submitted in classified 
form and, to the extent possible, in unclassified form.
SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

    (a) Extension of Committee.--Subsection (f) of section 1605 of the 
National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 
note) is amended by striking ``September 30, 2000'' and inserting 
``September 30, 2004''.
    (b) Executive Secretary of the Committee.--Paragraph (5) of 
subsection (a) of that section is amended to read as follows:
    ``(5) The Assistant to the Secretary of Defense for Nuclear and 
Chemical and Biological Defense Programs shall serve as executive 
secretary to the committee, except that during any period during which 
that position is vacant the Assistant Secretary of Defense for Strategy 
and Threat Reduction shall serve as the executive secretary.''.
    (c) Earlier Deadline for Annual Report on Counter-
proliferation Activities and Programs.--Section 1503(a) of the National 
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is 
amended by striking ``May 1 of each year'' and inserting ``February 1 of 
each year''.
SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT 
                          AND MONITOR IRAQI WEAPONS ACTIVITIES.

    (a) Limitation on Amount of Assistance in Fiscal Year 2000.--The 
total amount of the assistance for fiscal year 2000 that is provided by 
the Secretary of Defense under section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the 
Department of Defense in support of activities under that Act may not 
exceed $15,000,000.
    (b) Extension of Authority To Provide Assistance.--Subsection (f) of 
section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22 
U.S.C. 5859a) is amended by striking ``1999'' and inserting ``2000''.
    (c) References to United Nations Special Commission on Iraq and to 
Fiscal Limitations.--(1) Subsection (b)(2) of such section is amended by 
inserting ``(or any successor organization)'' after ``United Nations 
Special Commission on Iraq''.
    (2) Subsection (d)(4) of such section is amended--
            (A) in the first sentence of subparagraph (A)--
                    (i) by inserting ``(or any successor organization)'' 
                after ``United Nations Special Commission on Iraq''; and
                    (ii) by striking ``the amount specified with respect 
                to that year under paragraph (3),'' and all that follows 
                and inserting ``the amount of any limitation provided by 
                law on the total amount of such assistance for that 
                fiscal year, the Secretary of Defense may provide such 
                assistance with respect to that fiscal year 
                notwithstanding that limitation.''; and
            (B) in subparagraph (B), by striking ``under paragraph 
        (3)''.

[[Page 113 STAT. 809]]

               TITLE XVI--NATIONAL SECURITY SPACE MATTERS

               Subtitle A--Space Technology Guide; Reports

Sec. 1601. Space technology guide.
Sec. 1602. Report on vulnerabilities of United States space assets.
Sec. 1603. Report on space launch failures.
Sec. 1604. Report on Air Force space launch facilities.

              Subtitle B--Commercial Space Launch Services

Sec. 1611. Sense of Congress regarding United States-Russian cooperation 
                      in commercial space launch services.
Sec. 1612. Sense of Congress concerning United States commercial space 
                      launch capacity.

 Subtitle C--Commission To Assess United States National Security Space 
                       Management and Organization

Sec. 1621. Establishment of commission.
Sec. 1622. Duties of commission.
Sec. 1623. Report.
Sec. 1624. Assessment by the Secretary of Defense.
Sec. 1625. Powers.
Sec. 1626. Commission procedures.
Sec. 1627. Personnel matters.
Sec. 1628. Miscellaneous administrative provisions.
Sec. 1629. Funding.
Sec. 1630. Termination of the commission.

               Subtitle A--Space Technology Guide; Reports

SEC. 1601. SPACE TECHNOLOGY GUIDE.

    (a) Requirement.--The Secretary of Defense shall develop a detailed 
guide for investment in space science and technology, demonstrations of 
space technology, and planning and development for space technology 
systems. In the development of the guide, the goal shall be to identify 
the technologies and technology demonstrations needed for the United 
States to take full advantage of use of space for national security 
purposes.
    (b) Relationship to Future-Years Defense Program.--The space 
technology guide shall include two alternative technology paths. One 
shall be consistent with the applicable funding limitations associated 
with the future-years defense program. The other shall reflect the 
assumption that it is not constrained by funding limitations.
    (c) Relationship to Activities Outside the Department of Defense.--
The Secretary shall include in the guide a discussion of the potential 
for cooperative investment and technology development with other 
departments and agencies of the United States and with private sector 
entities.
    (d) Micro-Satellite Technology Development Plan.--The Secretary 
shall include in the guide a micro-satellite technology development plan 
to guide investment decisions in micro-satellite technology and to 
establish priorities for technology demonstration activities.
    (e) Use of Previous Studies and Reports.--In the development of the 
guide, the Secretary shall take into consideration previously completed 
studies and reports that may be relevant to the development of the 
guide, including the following:

[[Page 113 STAT. 810]]

            (1) The Space Control Technology Plan of 1999 of the 
        Department of Defense.
            (2) The Long Range Plan of March 1998 of the United States 
        Space Command.
            (3) The Strategic Master Plan of December 1997 of the Air 
        Force Space Command.

    (f) Report.--Not <<NOTE: Deadline.>> later than April 15, 2000, the 
Secretary shall submit a report on the space technology guide to the 
congressional defense committees.
SEC. 1602. REPORT ON VULNERABILITIES OF UNITED STATES SPACE 
                          ASSETS.

    Not later than March 1, 2000, the Secretary of Defense shall submit 
to the Committee on Armed Services of the House of Representatives and 
the Committee on Armed Services of the Senate a report, prepared in 
consultation with the Director of Central Intelligence, on the current 
and potential vulnerabilities of United States national security and 
commercial space assets. The report shall be submitted in classified and 
unclassified form. The report shall include--
            (1) an assessment of the military significance of the 
        vulnerabilities identified in the report;
            (2) an assessment of the significance of space debris; and
            (3) an assessment of the manner in which the vulnerabilities 
        identified in the report could affect United States space launch 
        policy and spacecraft design.

SEC. 1603. 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.

[[Page 113 STAT. 811]]

            (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 <<NOTE: Deadline.>> 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

[[Page 113 STAT. 812]]

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. 1604. REPORT ON AIR FORCE SPACE LAUNCH FACILITIES.

    (a) Study of Space Launch Ranges and Requirements.--The Secretary of 
Defense shall, using the Defense Science Board of the Department of 
Defense, conduct a study--
            (1) to assess anticipated military, civil, and commercial 
        space launch requirements;
            (2) to examine the technical shortcomings at the space 
        launch ranges;
            (3) to evaluate current and future oversight and range 
        safety arrangements at the space launch ranges; and
            (4) 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.

    (b) Report.--Not <<NOTE: Deadline.>> later than February 15, 2000, 
the Secretary shall submit to the congressional defense committees a 
report containing the results of the study.

              Subtitle B--Commercial Space Launch Services

SEC. 1611. SENSE OF CONGRESS REGARDING UNITED STATES-RUSSIAN 
                          COOPERATION IN COMMERCIAL SPACE LAUNCH 
                          SERVICES.

    It is the sense of Congress that--
            (1) the United States should demand full and complete 
        cooperation from the Government of the Russian Federation on 
        preventing the illegal transfer from Russia to Iran or any other 
        country of any prohibited fissile material or ballistic missile 
        equipment or any technology necessary for the acquisition or 
        development by the recipient country of any nuclear weapon or 
        ballistic missile;
            (2) the United States should take every appropriate measure 
        necessary to encourage the Government of the Russian Federation 
        to seek out and prevent the illegal transfer from Russia to Iran 
        or any other country of any prohibited fissile material or 
        ballistic missile equipment or any technology necessary for the 
        acquisition or development by the recipient country of any 
        nuclear weapon or ballistic missile;
            (3) the United States Government decision to increase the 
        quantitative limitations applicable to commercial space launch 
        services provided by Russian space launch providers, based upon 
        a serious commitment by the Government of the Russian Federation 
        to seek out and prevent the illegal transfer from

[[Page 113 STAT. 813]]

        Russia to Iran or any other country of any prohibited ballistic 
        missile equipment or any technology necessary for the 
        acquisition or development by the recipient country of any 
        ballistic missile, should facilitate greater cooperation between 
        the United States and the Russian Federation on nonproliferation 
        matters; and
            (4) any possible future consideration of modifying such 
        limitations should be conditioned on a continued serious 
        commitment by the Government of the Russian Federation to 
        preventing such illegal transfers.
SEC. 1612. SENSE OF CONGRESS CONCERNING UNITED STATES COMMERCIAL 
                          SPACE LAUNCH CAPACITY.

    (a) Sense of Congress Concerning United States Commercial Space 
Launch Capacity.--It is the sense of Congress that Congress and the 
President should work together to stimulate and encourage the expansion 
of a commercial space launch capacity in the United States, including by 
taking actions to eliminate legal or regulatory barriers to long-term 
competitiveness of the United States commercial space launch industry.
    (b) Sense of Congress Concerning Policy of Permitting Export of 
Commercial Satellites to People's Republic of China for Launch.--It is 
the sense of Congress that Congress and the President should--
            (1) reexamine the current United States policy of permitting 
        the export of commercial satellites of United States origin to 
        the People's Republic of China for launch;
            (2) review the advantages and disadvantages of phasing out 
        that policy, including in that review advantages and 
        disadvantages identified by Congress, the executive branch, the 
        United States satellite industry, the United States space launch 
        industry, the United States telecommunications industry, and 
        other interested persons; and
            (3) if the phase out of that policy is adopted, permit the 
        export of a commercial satellite of United States origin for 
        launch in the People's Republic of China only if--
                    (A) the launch is licensed as of the commencement of 
                the phase out of that policy; and
                    (B) additional actions under section 1514 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) are taken to minimize the transfer of 
                technology to the People's Republic of China during the 
                course of the launch.

   Subtitle <<NOTE: 10 USC 111 note.>> C--Commission To Assess United 
States National Security Space Management and Organization

SEC. 1621. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is hereby established a commission known 
as the Commission To Assess United States National Security Space 
Management and Organization (in this subtitle referred to as the 
``Commission'').

[[Page 113 STAT. 814]]

    (b) Composition.--The Commission shall be composed of 13 members 
appointed as follows:
            (1) Four members shall be appointed by the chairman of the 
        Committee on Armed Services of the Senate.
            (2) Four members shall be appointed by the chairman of the 
        Committee on Armed Services of the House of Representatives.
            (3) Three members shall be appointed jointly by the ranking 
        minority member of the Committee on Armed Services of the Senate 
        and the ranking minority member of the Committee on Armed 
        Services of the House of Representatives.
            (4) Two members shall be appointed by the Secretary of 
        Defense, in consultation with the Director of Central 
        Intelligence.

    (c) Qualifications.--Members of the Commission shall be appointed 
from among private citizens of the United States who have knowledge and 
expertise in the areas of national security space policy, programs, 
organizations, and future national security concepts.
    (d) Chairman.--The chairman of the Committee on Armed Services of 
the Senate, after consultation with the chairman of the Armed Services 
Committee of the House of Representatives and the ranking minority 
members of the Committees on Armed Services of the House of 
Representatives and the Senate, shall designate one of the members of 
the Commission to serve as chairman of the Commission.
    (e) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall be 
filled in the same manner as the original appointment.
    (f) Security Clearances.--All members of the Commission shall hold 
appropriate security clearances.
    (g) Initial <<NOTE: Deadlines.>> Organization Requirements.--(1) All 
appointments to the Commission shall be made not later than 90 days 
after the date of the enactment of this Act.

    (2) The Commission shall convene its first meeting not later than 60 
days after the date as of which all members of the Commission have been 
appointed, but not earlier than October 15, 1999.

SEC. 1622. DUTIES OF COMMISSION.

    (a) Assessment of United States National Security Space Management 
and Organization.--The Commission shall, concerning changes to be 
implemented over the near-term, medium-term, and long-term that would 
strengthen United States national security, assess the following:
            (1) The manner in which military space assets may be 
        exploited to provide support for United States military 
        operations.
            (2) The current interagency coordination process regarding 
        the operation of national security space assets, including 
        identification of interoperability and communications issues.
            (3) The relationship between the intelligence and 
        nonintelligence aspects of national security space (so-called 
        ``white space'' and ``black space''), and the potential costs 
        and benefits of a partial or complete merger of the programs, 
        projects, or activities that are differentiated by those two 
        aspects.

[[Page 113 STAT. 815]]

            (4) The manner in which military space issues are addressed 
        by professional military education institutions.
            (5) The potential costs and benefits of establishing any of 
        the following:
                    (A) An independent military department and service 
                dedicated to the national security space mission.
                    (B) A corps within the Air Force dedicated to the 
                national security space mission.
                    (C) A position of Assistant Secretary of Defense for 
                Space within the Office of the Secretary of Defense.
                    (D) A new major force program, or other budget 
                mechanism, for managing national security space funding 
                within the Department of Defense.
                    (E) Any other change to the existing organizational 
                structure of the Department of Defense for national 
                security space management and organization.

    (b) Cooperation From Government Officials.--In carrying out its 
duties, the Commission should receive the full and timely cooperation of 
the Secretary of Defense, the Director of Central Intelligence, and any 
other United States Government official responsible for providing the 
Commission with analyses, briefings, and other information necessary for 
the fulfillment of its responsibilities.

SEC. 1623. REPORT.

    The <<NOTE: Deadline.>> Commission shall, not later than six months 
after the date of its first meeting, submit to Congress and to the 
Secretary of Defense a report on its findings and conclusions.
SEC. 1624. ASSESSMENT BY THE SECRETARY OF DEFENSE.

    The <<NOTE: Deadline.>> 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 an assessment of the 
Commission's findings not later than 90 days after the submission of the 
Commission's report.

SEC. 1625. POWERS.

    (a) Hearings.--The Commission or, at its direction, any panel or 
member of the Commission, may, for the purpose of carrying out the 
provisions of this subtitle, hold hearings, sit and act at times and 
places, take testimony, receive evidence, and administer oaths to the 
extent that the Commission or any panel or member considers advisable.
    (b) Information.--The Commission may secure directly from the 
Department of Defense, the other departments and agencies of the 
intelligence community, and any other Federal department or agency 
information that the Commission considers necessary to enable the 
Commission to carry out its responsibilities under this subtitle.

SEC. 1626. COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of the 
chairman.
    (b) Quorum.--(1) Seven 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.

[[Page 113 STAT. 816]]

    (c) Commission.--The Commission may establish panels composed of 
less than full membership of the Commission for the purpose of carrying 
out the Commission's duties. The actions of each such panel shall be 
subject to the review and control of the Commission. Any findings and 
determinations made by such a panel shall not be considered the findings 
and determinations of the Commission unless approved by the Commission.
    (d) Authority of Individuals To Act for Commission.--Any member or 
agent of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take under this subtitle.

SEC. 1627. 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. 1628. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

    (a) Postal and Printing Services.--The Commission may use the United 
States mails and obtain printing and binding services in the same manner 
and under the same conditions as other departments and agencies of the 
Federal Government.
    (b) Miscellaneous Administrative and Support Services.--The 
Secretary of Defense shall furnish the Commission, on a reimbursable 
basis, any administrative and support services requested by the 
Commission.

[[Page 113 STAT. 817]]

    (c) National Security Information.--The Secretary of Defense, in 
consultation with the Director of Central Intelligence, shall assume 
responsibility for the handling and disposition of national security 
information received and used by the Commission.

SEC. 1629. FUNDING.

    Funds for activities of the Commission shall be provided from 
amounts appropriated for the Department of Defense for operation and 
maintenance for Defense-wide activities for fiscal year 2000. Upon 
receipt of a written certification from the chairman of the Commission 
specifying the funds required for the activities of the Commission, the 
Secretary of Defense shall promptly disburse to the Commission, from 
such amounts, the funds required by the Commission as stated in such 
certification.

SEC. 1630. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 60 days after the date of the 
submission of its report under section 1623.

TITLE <<NOTE: Troops-to-Teachers Program Act of 1999.>> XVII--TROOPS-TO-
TEACHERS PROGRAM
Sec. 1701. Short title; definitions.
Sec. 1702. Authorization of Troops-to-Teachers Program.
Sec. 1703. Eligible members of the Armed Forces.
Sec. 1704. Selection of participants.
Sec. 1705. Stipend and bonus for participants.
Sec. 1706. Participation by States.
Sec. 1707. Termination of original program; transfer of functions.
Sec. 1708. Reporting requirements.
Sec. 1709. Funds for fiscal year 2000.

SEC. 1701. <<NOTE: 20 USC 9301.>> SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This title may be cited as the ``Troops-to-
Teachers Program Act of 1999''.
    (b) Definitions.--In this title:
            (1) The term ``administering Secretary'', with respect to 
        the Troops-to-Teachers Program, means the following:
                    (A) The Secretary of Defense with respect to the 
                Armed Forces (other than the Coast Guard) for the period 
                beginning on the date of the enactment of this Act, and 
                ending on the date of the completion of the transfer of 
                responsibility for the Troops-to-Teachers Program to the 
                Secretary of Education under section 1707.
                    (B) The Secretary of Transportation with respect to 
                the Coast Guard for the period referred to in 
                subparagraph (A).
                    (C) The Secretary of Education for any period after 
                the period referred to in subparagraph (A).
            (2) The term ``alternative certification or licensure 
        requirements'' means State or local teacher certification or 
        licensure requirements that permit a demonstrated competence in 
        appropriate subject areas gained in careers outside of education 
        to be substituted for traditional teacher training course work.
            (3) The term ``member of the Armed Forces'' includes a 
        former member of the Armed Forces.
            (4) The term ``State'' includes the District of Columbia, 
        American Samoa, the Federated States of Micronesia, Guam,

[[Page 113 STAT. 818]]

        the Republic of the Marshall Islands, the Commonwealth of the 
        Northern Mariana Islands, the Commonwealth of Puerto Rico, the 
        Republic of Palau, and the United States Virgin Islands.
SEC. 1702. AUTHORIZATION <<NOTE: 20 USC 9302.>> OF TROOPS-TO-
                          TEACHERS PROGRAM.

    (a) Program Authorized.--The administering Secretary may carry out a 
program (to be known as the ``Troops-to-Teachers Program'')--
            (1) to assist eligible members of the Armed Forces after 
        their discharge or release, or retirement, from active duty to 
        obtain certification or licensure as elementary or secondary 
        school teachers or as vocational or technical teachers; and
            (2) to facilitate the employment of such members by local 
        educational agencies identified under subsection (b)(1).

    (b) Identification of Local Educational Agencies With Teacher 
Shortages.--(1) In carrying out the Troops-to-Teachers Program, the 
administering Secretary shall periodically identify local educational 
agencies that--
            (A) are receiving grants under title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a 
        result of having within their jurisdictions concentrations of 
        children from low-income families; or
            (B) are experiencing a shortage of qualified teachers, in 
        particular a shortage of science, mathematics, special 
        education, or vocational or technical teachers.

    (2) The administering Secretary may identify local educational 
agencies under paragraph (1) through surveys conducted for that purpose 
or by using information on local educational agencies that is available 
to the administering Secretary from other sources.
    (c) Identification of States With Alternative Certification 
Requirements.--In carrying out the Troops-to-Teachers Program, the 
administering Secretary shall also conduct a survey of States to 
identify those States that have alternative certification or licensure 
requirements for teachers, including those States that grant credit for 
service in the Armed Forces toward satisfying certification or licensure 
requirements for teachers.
    (d) Limitation on Use of Funds for Management Infrastructure.--The 
administering Secretary may utilize not more than five percent of the 
funds available to carry out the Troops-to-Teachers Program for a fiscal 
year for purposes of establishing and maintaining the management 
infrastructure necessary to support the program.

SEC. 1703. <<NOTE: 20 USC 9303.>> ELIGIBLE MEMBERS OF THE ARMED FORCES.

    (a) Eligible Members.--Subject to subsection (c), the following 
members of the Armed Forces shall be eligible for selection to 
participate in the Troops-to-Teachers Program:
            (1) Any member who--
                    (A) during the period beginning on October 1, 1990, 
                and ending on September 30, 1999, was involuntarily 
                discharged or released from active duty for purposes of 
                a reduction of force after six or more years of 
                continuous active duty immediately before the discharge 
                or release; and
                    (B) satisfies such other criteria for selection as 
                the administering Secretary may prescribe.

[[Page 113 STAT. 819]]

            (2) Any member who applied for the teacher placement program 
        administered under section 1151 of title 10, United States Code, 
        as in effect before its repeal by section 1707, and who 
        satisfies the eligibility criteria specified in subsection (c) 
        of such section 1151.
            (3) Any member who--
                    (A) on or after October 1, 1999, becomes entitled to 
                retired or retainer pay in the manner provided in title 
                10 or title 14, United States Code;
                    (B) has the educational background required by 
                subsection (b); and
                    (C) satisfies the criteria prescribed under 
                paragraph (1)(B).

    (b) Educational Background.--(1) In the case of a member of the 
Armed Forces described in subsection (a)(3) who is applying for 
assistance for placement as an elementary or secondary school teacher, 
the administering Secretary shall require the member to have received a 
baccalaureate or advanced degree from an accredited institution of 
higher education.
    (2) In the case of a member described in subsection (a)(3) who is 
applying for assistance for placement as a vocational or technical 
teacher, the administering Secretary shall require the member--
            (A) to have received the equivalent of one year of college 
        from an accredited institution of higher education and have 10 
        or more years of military experience in a vocational or 
        technical field; or
            (B) to otherwise meet the certification or licensure 
        requirements for a vocational or technical teacher in the State 
        in which the member seeks assistance for placement under the 
        program.

    (c) Ineligible Members.--A member of the Armed Forces described in 
subsection (a) is eligible to participate in the Troops-to-Teachers 
Program only if the member's last period of service in the Armed Forces 
was characterized as honorable.
    (d) Information Regarding Program.--(1) The administering Secretary 
shall provide information regarding the Troops-to-Teachers Program, and 
make applications for the program available, to members of the Armed 
Forces as part of preseparation counseling provided under section 1142 
of title 10, United States Code.
    (2) The information provided to members shall--
            (A) indicate the local educational agencies identified under 
        section 1702(b); and
            (B) identify those States surveyed under section 1702(c) 
        that have alternative certification or licensure requirements 
        for teachers, including those States that grant credit for 
        service in the Armed Forces toward satisfying such requirements.

SEC. 1704. <<NOTE: 20 USC 9304.>> SELECTION OF PARTICIPANTS.

    (a) Submission of Applications.--Selection of eligible members of 
the Armed Forces to participate in the Troops-to-Teachers Program shall 
be made on the basis of applications submitted to the administering 
Secretary on a timely basis. An application shall be in such form and 
contain such information as the administering Secretary may require.

[[Page 113 STAT. 820]]

    (b) Timely Applications.--An application shall be considered to be 
submitted on a timely basis if the application is submitted as follows:
            (1) <<NOTE: Deadline.>> In the case of a member of the Armed 
        Forces who is eligible under section 1703(a)(1) or 1703(a)(2), 
        not later than September 30, 2003.
            (2) <<NOTE: Deadline.>> In the case of a member who is 
        eligible under section 1703(a)(3), not later than four years 
        after the date on which the member first receives retired or 
        retainer pay under title 10 or title 14, United States Code.

    (c) Selection Priorities.--In selecting eligible members of the 
Armed Forces to receive assistance for placement as elementary or 
secondary school teachers or vocational or technical teachers, the 
administering Secretary shall give priority to members who--
            (1) have educational or military experience in science, 
        mathematics, special education, or vocational or technical 
        subjects and agree to seek employment as science, mathematics, 
        or special education teachers in elementary or secondary schools 
        or in other schools under the jurisdiction of a local 
        educational agency; or
            (2) have educational or military experience in another 
        subject area identified by the administering Secretary, in 
        consultation with the National Governors Association, as 
        important for national educational objectives and agree to seek 
        employment in that subject area in elementary or secondary 
        schools.

    (d) Selection Subject to Funding.--The administering Secretary may 
not select a member of the Armed Forces to participate in the Troops-to-
Teachers Program unless the administering Secretary has sufficient 
appropriations for the program available at the time of the selection to 
satisfy the obligations to be incurred by the United States under 
section 1705 with respect to that member.
    (e) Participation Agreement.--A member of the Armed Forces selected 
to participate in the Troops-to-Teachers Program shall be required to 
enter into an agreement with the administering Secretary in which the 
member agrees--
            (1) to obtain, within such time as the administering 
        Secretary may require, certification or licensure as an 
        elementary or secondary school teacher or vocational or 
        technical teacher; and
            (2) to accept an offer of full-time employment as an 
        elementary or secondary school teacher or vocational or 
        technical teacher for not less than four school years with a 
        local educational agency identified under section 1702, to begin 
        the school year after obtaining that certification or licensure.

    (f) Exceptions to Violation Determination.--A participant in the 
Troops-to-Teachers Program shall not be considered to be in violation of 
an agreement entered into under subsection (e) during any period in 
which the participant--
            (1) is pursuing a full-time course of study related to the 
        field of teaching at an eligible institution;
            (2) is serving on active duty as a member of the Armed 
        Forces;
            (3) is temporarily totally disabled for a period of time not 
        to exceed three years as established by sworn affidavit of a 
        qualified physician;

[[Page 113 STAT. 821]]

            (4) is unable to secure employment for a period not to 
        exceed 12 months by reason of the care required by a spouse who 
        is disabled;
            (5) is seeking and unable to find full-time employment as a 
        teacher in an elementary or secondary school or as a vocational 
        or technical teacher for a single period not to exceed 27 
        months; or
            (6) satisfies the provisions of additional reimbursement 
        exceptions that may be prescribed by the administering 
        Secretary.

SEC. 1705. <<NOTE: 20 USC 9305.>> STIPEND AND BONUS FOR PARTICIPANTS.

    (a) Stipend Authorized.--(1) Subject to paragraph (2), the 
administering Secretary shall pay to each participant in the Troops-to-
Teachers Program a stipend in an amount equal to $5,000.
    (2) The total number of stipends that may be paid under paragraph 
(1) in any fiscal year may not exceed 3,000.
    (b) Bonus Authorized.--(1) Subject to paragraph (2), the 
administering Secretary may, in lieu of paying a stipend under 
subsection (a), pay a bonus of $10,000 to each participant in the 
Troops-to-Teachers Program who agrees under section 1704(e) to accept 
full-time employment as an elementary or secondary school teacher or 
vocational or technical teacher for not less than four years in a high 
need school.
    (2) The total number of bonuses that may be paid under paragraph (1) 
in any fiscal year may not exceed 1,000.
    (3) In this subsection, the term ``high need school'' means an 
elementary school or secondary school that meets one or more of the 
following criteria:
            (A) The school has a drop out rate that exceeds the national 
        average school drop out rate.
            (B) The school has a large percentage of students (as 
        determined by the Secretary of Education in consultation with 
        the National Assessment Governing Board) who speak English as a 
        second language.
            (C) The school has a large percentage of students (as so 
        determined) who are at risk of educational failure by reason of 
        limited proficiency in English, poverty, race, geographic 
        location, or economic circumstances.
            (D) At least one-half of the students of the school are from 
        families with an income below the poverty line (as that term is 
        defined by the Office of Management and Budget and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.
            (E) The school has a large percentage of students (as so 
        determined) who qualify for assistance under part B of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
        seq.).
            (F) The school meets any other criteria established by the 
        administering Secretary in consultation with the National 
        Assessment Governing Board.

    (c) Treatment of Stipend and Bonus.--Stipends and bonuses paid under 
this section shall be taken into account in determining the eligibility 
of the participant concerned for Federal student financial assistance 
provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.).

[[Page 113 STAT. 822]]

    (d) Reimbursement Under Certain Circumstances.--(1) If a participant 
in the Troops-to-Teachers Program fails to obtain teacher certification 
or licensure or employment as an elementary or secondary school teacher 
or vocational or technical teacher as required by the agreement under 
section 1704(e) or voluntarily leaves, or is terminated for cause, from 
the employment during the four years of required service in violation of 
the agreement, the participant shall be required to reimburse the 
administering Secretary for any stipend paid to the participant under 
subsection (a) in an amount that bears the same ratio to the amount of 
the stipend as the unserved portion of required service bears to the 
four years of required service.
    (2) If a participant in the Troops-to-Teachers Program who is paid a 
bonus under subsection (b) fails to obtain employment for which the 
bonus was paid as required by the agreement under section 1704(e), or 
voluntarily leaves or is terminated for cause from the employment during 
the four years of required service in violation of the agreement, the 
participant shall be required to reimburse the administering Secretary 
for any bonus paid to the participant under that subsection in an amount 
that bears the same ratio to the amount of the bonus as the unserved 
portion of required service bears to the four years of required service.
    (3) The obligation to reimburse the administering Secretary under 
this subsection is, for all purposes, a debt owing the United States. A 
discharge in bankruptcy under title 11, United States Code, shall not 
release a participant from the obligation to reimburse the administering 
Secretary.
    (4) Any amount owed by a participant under this subsection shall 
bear interest at the rate equal to the highest rate being paid by the 
United States on the day on which the reimbursement is determined to be 
due for securities having maturities of ninety days or less and shall 
accrue from the day on which the participant is first notified of the 
amount due.
    (e) Exceptions to Reimbursement Requirement.--A participant in the 
Troops-to-Teachers Program shall be excused from reimbursement under 
subsection (d) if the participant becomes permanently totally disabled 
as established by sworn affidavit of a qualified physician. The 
administering Secretary may also waive reimbursement in cases of extreme 
hardship to the participant, as determined by the administering 
Secretary.
    (f) Relationship to Educational Assistance Under Montgomery GI 
Bill.--The receipt by a participant in the Troops-to-Teachers Program of 
any assistance under the program shall not reduce or otherwise affect 
the entitlement of the participant to any benefits under chapter 30 of 
title 38, United States Code, or chapter 1606 of title 10, United States 
Code.

SEC. 1706. <<NOTE: 20 USC 9306.>> PARTICIPATION BY STATES.

    (a) Discharge of State Activities Through Consortia of States.--The 
administering Secretary may permit States participating in the Troops-
to-Teachers Program to carry out activities authorized for such States 
under the program through one or more consortia of such States.
    (b) Assistance to States.--(1) Subject to paragraph (2), the 
administering Secretary may make grants to States participating in the 
Troops-to-Teachers Program, or to consortia of such States, in order to 
permit such States or consortia of States to operate

[[Page 113 STAT. 823]]

offices for purposes of recruiting eligible members of the Armed Forces 
for participation in the program and facilitating the employment of 
participants in the program in schools in such States or consortia of 
States.
    (2) The total amount of grants under paragraph (1) in any fiscal 
year may not exceed $4,000,000.
SEC. 1707. TERMINATION <<NOTE: 20 USC 9307.>> OF ORIGINAL PROGRAM; 
                          TRANSFER OF FUNCTIONS.

    (a) Termination.--(1) Section 1151 of title 10, United States Code, 
is repealed.
    (2) The table of sections at the beginning of chapter 58 of such 
title is amended by striking the item relating to section 1151.
    (3) <<NOTE: 10 USC 1151 note.>> The repeal of such section shall not 
affect the validity or terms of any agreement entered into before the 
date of the enactment of this Act under subsection (f) of such section, 
or to pay assistance, make grants, or obtain reimbursement in connection 
with such an agreement under subsections (g), (h), and (i) of such 
section, as in effect before its repeal.

    (b) Transfer of Functions.--(1) The Secretary of Defense, the 
Secretary of Transportation, and the Secretary of Education shall 
provide for the transfer to the Secretary of Education of any on-going 
functions and responsibilities of the Secretary of Defense and the 
Secretary of Transportation with respect to--
            (A) the program authorized by section 1151 of title 10, 
        United States Code, before its repeal by subsection (a)(1); and
            (B) the Troops-to-Teachers Program for the period beginning 
        on the date of the enactment of this Act and ending on September 
        30, 2000.

    (2) <<NOTE: Deadline.>> The Secretaries referred to in paragraph (1) 
shall complete the transfer under such paragraph not later than October 
1, 2000.

    (3) After completion of the transfer, the Secretary of Education 
shall discharge that Secretary's functions and responsibilities with 
respect to the program in consultation with the Secretary of Defense and 
the Secretary of Transportation with respect to the Coast Guard.

SEC. 1708. <<NOTE: 10 USC 9308.>> REPORTING REQUIREMENTS.

    (a) Report <<NOTE: Deadline.>> Required.--Not later than March 31, 
2001, the Secretary of Education (in consultation with the Secretary of 
Defense and the Secretary of Transportation) and the Comptroller General 
shall each submit to Congress a report on the effectiveness of the 
Troops-to-Teachers Program in the recruitment and retention of qualified 
personnel by local educational agencies identified under section 
1702(b).

    (b) Elements of Report.--The report under subsection (a) shall 
include information on the following:
            (1) The number of participants in the Troops-to-Teachers 
        Program.
            (2) The schools in which such participants are employed.
            (3) The grade levels at which such participants teach.
            (4) The subject matters taught by such participants.

[[Page 113 STAT. 824]]

            (5) The effectiveness of the teaching of such participants, 
        as indicated by any relevant test scores of the students of such 
        participants.
            (6) The extent of any academic improvement in the schools in 
        which such participants teach by reason of their teaching.
            (7) The rates of retention of such participants by the local 
        educational agencies employing such participants.
            (8) The effect of any stipends or bonuses under section 1705 
        in enhancing participation in the program or in enhancing 
        recruitment or retention of participants in the program by the 
        local educational agencies employing such participants.
            (9) Such other matters as the Secretary of Education or the 
        Comptroller General, as the case may be, considers appropriate.

    (c) Recommendations.--The report of the Comptroller General under 
this section shall also include any recommendations of the Comptroller 
General as to means of improving the Troops-to-Teachers Program, 
including means of enhancing the recruitment and retention of 
participants in the program.

SEC. 1709. <<NOTE: 20 USC 9309.>> FUNDS FOR FISCAL YEAR 2000.

    Of the amount authorized to be appropriated by section 301 for 
operation and maintenance for fiscal year 2000, $3,000,000 shall be 
available for purposes of carrying out the Troops-to-Teachers Program.

DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year 
2000.>> 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.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, 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:


[[Page 113 STAT. 825]]



                     Army: Inside the United States
------------------------------------------------------------------------
            State              Installation or location       Amount
------------------------------------------------------------------------
Alabama......................  Redstone Arsenal........       $9,800,000
Alaska.......................  Fort Richardson.........      $14,600,000
                               Fort Wainwright.........      $34,800,000
Arkansas.....................  Pine Bluff Arsenal......      $18,000,000
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..............      $27,000,000
Kentucky.....................  Blue Grass Army Depot...       $6,000,000
                               Fort Campbell...........      $56,900,000
                               Fort Knox...............       $1,300,000
Louisiana....................  Fort Polk...............       $6,700,000
Maryland.....................  Fort Meade..............      $22,450,000
Massachusetts................  Westover Air Reserve           $4,000,000
                                Base.
Missouri.....................  Fort Leonard Wood.......      $27,100,000
New York.....................  Fort Drum...............      $23,000,000
Nevada.......................  Hawthorne Army Depot....       $1,700,000
North Carolina...............  Fort Bragg..............     $125,400,000
                               Sunny Point Military           $3,800,000
                                Ocean Terminal.........
Oklahoma.....................  Fort Sill...............      $33,200,000
                               McAlester Army                $16,600,000
                                Ammunition.
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...............   $1,029,750,000
------------------------------------------------------------------------

    (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
------------------------------------------------------------------------
Korea........................  Camp Casey...............     $31,000,000
                               Camp Howze...............      $3,050,000
                               Camp Stanley.............      $3,650,000
                                                         ---------------
                                   Total................     $37,700,000
------------------------------------------------------------------------


[[Page 113 STAT. 826]]

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.................  46 Units.....................      $8,000,000
Washington............................  Fort Lewis...............  48 Units.....................      $9,000,000
                                                                                                 ---------------
                                                                       Total....................     $41,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2104(a)(5)(A), the Secretary 
of the Army may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of family housing units in an amount not to exceed 
$4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
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 $2,353,231,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $930,058,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $37,700,000.
            (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, $91,414,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $80,700,000.
                    (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.

[[Page 113 STAT. 827]]

            (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);
            (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);
            (6) $2,592,000 (the balance of the amount authorized under 
        section 2101(a) for the construction of the chemical defense 
        qualification facility at Pine Bluff Arsenal, Arkansas); and
            (7) $9,000,000 (the balance of the amount authorized under 
        section 2101(a) for the construction of the whole barracks 
        renovation at Fort Riley, Kansas).

    (c) Adjustment.--The total amount authorized to be appropriated 
pursuant to paragraphs (1) through (12) of subsection (a)

[[Page 113 STAT. 828]]

is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by--
            (1) $41,953,000, which represents the combination of project 
        savings in military construction resulting from favorable bids, 
        reduced overhead charges, and cancellations due to force 
        structure changes; and
            (2) $3,500,000, which represents the combination of savings 
        in military family housing support resulting from favorable 
        bids, reduced overhead costs, and cancellations due to force 
        structure changes.

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997 
           project.
Sec. 2206. Authorization to accept electrical substation improvements, 
           Guam.

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,     $17,020,000
                                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 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.......................  Camp H.M. Smith..........     $86,050,000
                               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.........

[[Page 113 STAT. 829]]

 
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................
New Jersey...................  Naval Air Warfare Center      $15,710,000
                                Aircraft Division,
                                Lakehurst...............
North Carolina...............  Marine Corps Air Station,      $5,470,000
                                New River...............
                               Marine Corps Base, Camp       $21,380,000
                                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................    $817,230,000
------------------------------------------------------------------------

    (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............
                                                         ---------------
                                   Total................     $91,240,000
------------------------------------------------------------------------


[[Page 113 STAT. 830]]

SEC. 2202. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire family 
housing units (including land acquisition) at the installations, for the 
purposes, and in the amounts set forth in the following table:
      

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Arizona.................................  Marine Corps Air Station,    49 Units...................    $8,500,000
                                           Yuma......................
California..............................  Naval Air Station, Lemoore.  116 Units..................   $20,188,000
Hawaii..................................  Marine Corps Air Station,    100 Units..................   $26,615,000
                                           Kaneohe Bay...............
                                          Marine Corps Base, Hawaii..  30 Units...................    $8,000,000
                                          Naval Base, Pearl Harbor...  133 Units..................   $30,168,000
                                          Naval Base, Pearl Harbor...  96 Units...................   $19,167,000
North Carolina..........................  Marine Corps Air Station,    180 Units..................   $22,036,000
                                           Cherry Point..............
                                                                                                   -------------
                                                                           Total..................  $134,674,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2204(a)(5)(A), the Secretary 
of the Navy may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of military family housing units in an amount not to exceed 
$17,715,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(a)(5)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $181,882,000.

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 $2,108,087,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $733,390,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $91,240,000.
            (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, $71,911,000.
            (5) For military family housing functions:

[[Page 113 STAT. 831]]

                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $334,271,000.
                    (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 the 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. 2187), $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);
            (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); and
            (3) $70,180,000 (the balance of the amount authorized under 
        section 2201(a) for the construction of the Commander-in-Chief 
        Headquarters, Pacific Command, Camp H.M. Smith, Hawaii).

    (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--
            (1) $33,227,000, which represents the combination of project 
        savings in military construction resulting from favorable bids, 
        reduced overhead charges, and cancellations due to force 
        structure changes;
            (2) $1,000,000, which represents the combination of project 
        savings in military family housing construction resulting from 
        favorable bids, reduced overhead costs, and cancellations due to 
        force structure changes; and
            (3) $3,600,000, which represents the combination of savings 
        in military family housing support resulting from favorable 
        bids, reduced overhead costs, and cancellations due to force 
        structure changes.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1997 
                          PROJECT.

    The table in section 2202(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2768) is amended in the item relating to Naval Air 
Station Brunswick, Maine, by striking ``92 Units'' in the purpose column 
and inserting ``72 Units''.
SEC. 2206. 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.

[[Page 113 STAT. 832]]

                         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. 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.     $42,300,000
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
Delaware.....................  Dover Air Force Base.....     $12,000,000
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
Maryland.....................  Andrews Air Force Base...      $9,900,000
Massachusetts................  Hanscom Air Force Base...     $16,000,000
Mississippi..................  Columbus Air Force Base..      $2,600,000
                               Keesler Air Force Base...     $35,900,000
Missouri.....................  Whiteman Air Force Base..     $24,900,000
Montana......................  Malmstrom Air Force Base.     $11,600,000
Nebraska.....................  Offutt Air Force Base....      $8,300,000
Nevada.......................  Nellis Air Force Base....     $30,200,000
New Jersey...................  McGuire Air Force Base...     $11,800,000
New Mexico...................  Cannon Air Force Base....      $8,100,000
New York.....................  Rome Research Site.......     $12,800,000
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.................  Grand Forks Air Force          $9,500,000
                                Base.
Ohio.........................  Wright-Patterson Air          $39,700,000
                                Force Base.
Oklahoma.....................  Tinker Air Force Base....     $34,800,000
                               Vance Air Force Base.....     $12,600,000

[[Page 113 STAT. 833]]

 
South Carolina...............  Charleston Air Force Base     $18,200,000
South Dakota.................  Ellsworth Air Force Base.     $10,200,000
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.     $13,600,000
                               McChord Air Force Base...      $7,900,000
                                                         ---------------
                                   Total................    $730,520,000
------------------------------------------------------------------------

    (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
Korea........................  Osan Air Base............     $19,600,000
United Kingdom...............  Ascension Island.........      $2,150,000
                                                         ---------------
                                   Total................     $30,650,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire 
family housing units (including land acquisition) at the installations, 
for the purposes, and in the amounts set forth in the following table:
      

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
           State or country              Installation or location             Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
Arizona...............................  Davis-Monthan Air Force    64 Units.....................     $10,000,000
                                         Base....................
California............................  Beale Air Force Base.....  60 Units.....................      $8,500,000
                                        Edwards Air Force Base...  188 Units....................     $32,790,000
                                        Vandenberg Air Force Base  91 Units.....................     $16,800,000
District of Columbia..................  Bolling Air Force Base...  72 Units.....................      $9,375,000
Florida...............................  Eglin Air Force Base.....  130 Units....................     $14,080,000
                                        MacDill Air Force Base...
                                                                   54 Units.....................      $9,034,000

[[Page 113 STAT. 834]]

 
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
Oklahoma..............................  Tinker Air Force Base....  41 Units.....................      $6,000,000
Texas.................................  Lackland Air Force Base..  48 Units.....................      $7,500,000
Portugal..............................  Lajes Field, Azores......  75 Units.....................     $12,964,000
                                                                                                 ---------------
                                                                       Total....................    $203,411,000
----------------------------------------------------------------------------------------------------------------

    (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, Uniteds States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(a)(5)(A), the Secretary of the Air Force may improve 
existing military family housing units in an amount not to exceed 
$129,952,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 1999, for military 
construction, land acquisition, and military family housing functions of 
the Department of the Air Force in the total amount of $1,948,052,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $730,520,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $30,650,000.
            (3) For unspecified minor construction projects authorized 
        by section 2805 of title 10, United States Code, $8,741,000.

[[Page 113 STAT. 835]]

            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $36,104,000.
            (5) For military housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $350,456,000.
                    (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--
            (1) $25,811,000, which represents the combination of project 
        savings in military construction resulting from favorable bids, 
        reduced overhead charges, and cancellations due to force 
        structure changes;
            (2) $1,000,000, which represents the combination of project 
        savings in military family housing construction resulting from 
        favorable bids, reduced overhead costs, and cancellations due to 
        force structure changes; and
            (3) $3,500,000, which represents the combination of savings 
        in military family housing support resulting from favorable 
        bids, reduced overhead costs, and cancellations due to force 
        structure changes.

                      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.
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:
  
  
  
  
  


[[Page 113 STAT. 836]]



               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

[[Page 113 STAT. 837]]

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...........     $32,000,000
 Drug Activities.............
Defense Education Activity...  Andersen Air Force Base,      $44,170,000
                                Guam....................
Defense Logistics Agency.....  Andersen Air Force Base,      $24,300,000
                                Guam....................
TRICARE Management Agency....  Naval Security Group           $4,000,000
                                Activity, Sabana Seca,
                                Puerto Rico.............
                               Yongsan, Korea...........     $41,120,000
                                                         ---------------
                                   Total................    $145,590,000
------------------------------------------------------------------------

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2405(a)(8)(A), the Secretary of Defense may improve existing 
military family housing units in an amount not to exceed $50,000.
SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.

    Of the amount authorized to be appropriated by section 
2405(a)(8)(C), $2,000,000 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 $1,268,000.
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 $1,362,185,000 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), $145,590,000.
            (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, $54,200,000.
            (6) For energy conservation projects authorized by section 
        2404, $1,268,000.

[[Page 113 STAT. 838]]

            (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), $689,711,000.
            (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, $2,000,000.
            (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 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 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.

[[Page 113 STAT. 839]]

            (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 
$124,350,000, which represents the combination of project savings in 
military construction resulting from favorable bids, reduced overhead 
charges, and cancellations due to force structure changes, and of such 
total reduction, $93,000,000 represents savings from military 
construction for chemical demilitarization.
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 1024 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

[[Page 113 STAT. 840]]

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.
Sec. 2502. Authorization of appropriations, NATO.

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 $81,000,000.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
                      acquisition projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998 
                      project.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
                          ACQUISITION PROJECTS.

    (a) Authorization of Appropriations.--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, $205,448,000; and
                    (B) for the Army Reserve, $107,149,000.
            (2) For the Department of the Navy, for the Naval and Marine 
        Corps Reserve, $25,389,000.

[[Page 113 STAT. 841]]

            (3) For the Department of the Air Force--
                    (A) for the Air National Guard of the United States, 
                $253,918,000; and
                    (B) for the Air Force Reserve, $52,784,000.

    (b) Adjustment.--(1) The amounts authorized to be appropriated 
pursuant to subsection (a) are reduced as follows:
            (A) In paragraph (1)(A), by $4,223,000.
            (B) In paragraph (1)(B), by $2,891,000.
            (C) In paragraph (2), by $674,000.
            (D) In paragraph (3)(A), by $5,652,000.
            (E) In paragraph (3)(B), by $2,080,000.

    (2) The reductions specified in paragraph (1) represent the 
combination of project savings in military construction resulting from 
favorable bids, reduced overhead costs, and cancellations due to force 
structure changes.
SEC. 2602. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998 
                          PROJECT.

    Section 2603 of the Military Construction Authorization Act for 
Fiscal Year 1998 (division B of Public Law 105-85), as amended by 
section 2602 of the Military Construction Authorization Act for Fiscal 
Year 1999 (division B of Public Law 105-261; 112 Stat. 2198), is 
amended--
            (1) by striking ``agreement with the State of Utah under 
        which the State'' and inserting ``agreement with the State of 
        Utah, the University of Utah, or both, under which the State or 
        the University''; and
            (2) by adding at the end the following new sentence: ``The 
        Secretary may accept funds paid under such an agreement and use 
        the funds, in such amounts as provided in advance in 
        appropriations Acts, to carry out the project.''.

         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.
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

[[Page 113 STAT. 842]]

Treaty Organization Security Investment program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2002; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2003 for military construction projects, land 
        acquisition, family housing projects and facilities, or 
        contributions to the North Atlantic Treaty Organization Security 
        Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1997 
                          PROJECTS.

    (a) Extensions.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B of 
Public Law 104-201; 110 Stat. 2782), authorizations for the projects set 
forth in the tables in subsection (b), as provided in sections 2201, 
2202, 2401, and 2601 of that Act and amended by section 2406 of this 
Act, shall remain in effect until October 1, 2000, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2001, whichever is later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:
      

                                 Navy: Extension of 1997 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Florida...............................  Naval Station Mayport....  Family Housing Construction       $10,000,000
                                                                    (100 units).................
Maine.................................  Naval Station Brunswick..  Family Housing Construction       $10,925,000
                                                                    (72 units)..................
North Carolina........................  Marine Corps Base Camp     Family Housing Construction       $10,110,000
                                         Lejuene.................   (94 units)..................
South Carolina........................  Marine Corps Air Station   Family Housing Construction       $14,000,000
                                         Beaufort................   (140 units).................
Texas.................................  Naval Complex Corpus       Family Housing Construction       $11,675,000
                                         Christi.................   (104 units).................
                                        Naval Air Station          Family Housing Construction        $7,550,000
                                         Kingsville..............   (48 units)..................
Virginia..............................  Marine Corps Combat        Sanitary Landfill............      $8,900,000
                                         Development Command,
                                         Quantico................
Washington............................  Naval Station Everett....  Family Housing Construction       $15,015,000
                                                                    (100 units).................
----------------------------------------------------------------------------------------------------------------



[[Page 113 STAT. 843]]


                            Defense Agencies: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Colorado..............................  Pueblo Chemical Activity.  Ammunition Demilitarization      $203,500,000
                                                                    Facility....................
----------------------------------------------------------------------------------------------------------------



                          Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Mississippi...........................  Camp Shelby..............  Multipurpose Range Complex         $5,000,000
                                                                    (Phase II)..................
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1996 
                          PROJECTS.

    (a) Extensions.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1996 (division B of 
Public Law 104-106; 110 Stat. 541), authorizations for the projects set 
forth in the tables in subsection (a), as provided in sections 2202 and 
2601 of that Act and extended by section 2702 of the Military 
Construction Authorization Act for Fiscal Year 1999 (division B of 
Public Law 105-261; 112 Stat. 2199), shall remain in effect until 
October 1, 2000, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2001, whichever is 
later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:


                                  Navy: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
California............................  Camp Pendleton...........  Family Housing Construction       $20,000,000
                                                                    (138 units).................
----------------------------------------------------------------------------------------------------------------



                          Army National Guard: Extension of 1996 Project 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.

[[Page 113 STAT. 844]]

                    TITLE XXVIII--GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                 Changes

Sec. 2801. Exemption from notice and wait requirements of military 
                      construction projects supported by burdensharing 
                      funds undertaken for war or national emergency.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Expansion of entities eligible to participate in alternative 
                      authority for acquisition and improvement of 
                      military housing.
Sec. 2804. Restriction on authority to acquire or construct ancillary 
                      supporting facilities for housing units.
Sec. 2805. Planning and design for military construction projects for 
                      reserve components.
Sec. 2806. Modification of limitations on reserve component facility 
                      projects for certain safety projects.
Sec. 2807. Sense of Congress on use of incremental funding to carry out 
                      military construction projects.

         Subtitle B--Real Property and Facilities Administration

Sec. 2811. Extension of authority for lease of real property for special 
                      operations activities.
Sec. 2812. Enhancement of authority relating to utility privatization.
Sec. 2813. Acceptance of funds to cover administrative expenses relating 
                      to certain real property transactions.
Sec. 2814. Operations of Naval Academy dairy farm.
Sec. 2815. Study and report on impacts to military readiness of proposed 
                      land management changes on public lands in Utah.
Sec. 2816. Designation of missile intelligence building at Redstone 
                      Arsenal, Alabama, as the Richard C. Shelby Center 
                      for Missile Intelligence.

            Subtitle C--Defense Base Closure and Realignment

Sec. 2821. Economic development conveyances of base closure property.
Sec. 2822. 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 exchange, Rock Island Arsenal, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Bangor, Maine.
Sec. 2834. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2835. Land conveyance, Army Reserve Center, Cannon Falls, 
                      Minnesota.
Sec. 2836. Land conveyance, Army Maintenance Support Activity (Marine) 
                      Number 84, Marcus Hook, Pennsylvania.
Sec. 2837. Land conveyances, Army docks and related property, Alaska.
Sec. 2838. Land conveyance, Fort Huachuca, Arizona.
Sec. 2839. Land conveyance, Nike Battery 80 family housing site, East 
                      Hanover Township, New Jersey.
Sec. 2840. Land conveyances, Twin Cities Army Ammunition Plant, 
                      Minnesota.
Sec. 2841. Repair and conveyance of Red Butte Dam and Reservoir, Salt 
                      Lake City, Utah.
Sec. 2842. Modification of land conveyance, Joliet Army Ammunition 
                      Plant, Illinois.

                        Part II--Navy Conveyances

Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No. 
                      387, Dallas, Texas.
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point, 
                      North Carolina.
Sec. 2853. Land conveyance, Newport, Rhode Island.
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida.
Sec. 2855. One-year delay in demolition of radio transmitting facility 
                      towers at Naval Station, Annapolis, Maryland, to 
                      facilitate conveyance of towers.
Sec. 2856. Clarification of land exchange, Naval Reserve Readiness 
                      Center, Portland, Maine.

[[Page 113 STAT. 845]]

Sec. 2857. Revision to lease authority, Naval Air Station, Meridian, 
                      Mississippi.
Sec. 2858. Land conveyances, Norfolk, Virginia.

                     Part III--Air Force Conveyances

Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, 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. Acceptance of guarantees in connection with gifts to military 
                      service academies.
Sec. 2872. Acquisition of State-held inholdings, east range of Fort 
                      Huachuca, Arizona.
Sec. 2873. Enhancement of Pentagon renovation activities.

          Subtitle F--Expansion of Arlington National Cemetery

Sec. 2881. Transfer from Navy Annex, Arlington, Virginia.
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia.

 Subtitle A--Military Construction Program and Military Family Housing 
                                 Changes

SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIREMENTS OF MILITARY 
                          CONSTRUCTION PROJECTS SUPPORTED BY 
                          BURDENSHARING FUNDS UNDERTAKEN FOR WAR 
                          OR NATIONAL EMERGENCY.

    (a) Exemption.--Subsection (e) of section 2350j of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
    ``(3)(A) A military construction project under subsection (d) may be 
carried out without regard to the requirement in paragraph (1) and the 
limitation in paragraph (2) if the project is necessary to support the 
armed forces in the country or region in which the project is carried 
out by reason of a declaration of war, or a declaration by the President 
of a national emergency pursuant to the National Emergencies Act (50 
U.S.C. 1601 et seq.), that is in force at the time of the commencement 
of the project.
    ``(B) When a decision is made to carry out a military construction 
project under subparagraph (A), the Secretary of Defense shall submit to 
the congressional committees specified in subsection (g)--
            ``(i) a notice of the decision; and
            ``(ii) a statement of the current estimated cost of the 
        project, including the cost of any real property transaction in 
        connection with the project.''.

    (b) Conforming Amendment.--Subsection (g) of such section is amended 
by striking ``subsection (e)(1)'' and inserting ``subsection (e)''.

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:

[[Page 113 STAT. 846]]

``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 not needed for current operations of the Navy and 
        all of the other armed forces; and
            ``(B) will promote the purpose of this section.

    ``(2) A lease under this subsection shall be subject to section 
2667(b)(1) of this title and may include such other 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.

[[Page 113 STAT. 847]]

    ``(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.
    ``(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.
            ``(B) Except as provided in subsection (c)(4)(B), the amount 
        of any cash payment received by the Secretary for a transaction 
        under this section.

    ``(i) Use of Account.--(1) Subject to paragraph (2), to the extent 
provided in advance in appropriations 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,

[[Page 113 STAT. 848]]

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. 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--

[[Page 113 STAT. 849]]

            (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 private person, 
        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.''.

SEC. 2804. 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:

[[Page 113 STAT. 850]]

    ``(b) Restriction.--A project referred to in subsection (a) may not 
include the acquisition or construction of an ancillary supporting 
facility if, as determined by the Secretary concerned, the facility is 
to be used for providing merchandise or services in direct competition 
with--
            ``(1) the Army and Air Force Exchange Service;
            ``(2) the Navy Exchange Service Command;
            ``(3) a Marine Corps exchange;
            ``(4) the Defense Commissary Agency; or
            ``(5) any nonappropriated fund activity of the Department of 
        Defense for the morale, welfare, and recreation of members of 
        the armed forces.''.
SEC. 2805. 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. 2806. MODIFICATION OF LIMITATIONS ON RESERVE COMPONENT 
                          FACILITY PROJECTS FOR CERTAIN SAFETY 
                          PROJECTS.

    (a) Exemption from Notice and Wait Requirement.--Subsection (a)(2) 
of section 18233a of title 10, United States Code, is amended by adding 
at the end the following new subparagraph:
            ``(C) An unspecified minor military construction project (as 
        defined in section 2805(a) of this title) that is intended 
        solely to correct a deficiency that is life-threatening, health-
        threatening, or safety-threatening.''.

    (b) Availability of Operation and Maintenance Funds.--Subsection (b) 
of such section is amended to read as follows:
    ``(b) Under such regulations as the Secretary of Defense may 
prescribe, the Secretary may spend, from appropriations available for 
operation and maintenance, amounts necessary to carry out any project 
authorized under section 18233(a) of this title costing not more than--
            ``(1) the amount specified in section 2805(c)(1) of this 
        title, in the case of a project intended solely to correct a 
        deficiency that is life-threatening, health-threatening, or 
        safety-threatening; or
            ``(2) the amount specified in section 2805(c)(2) of this 
        title, in the case of any other project.''.
SEC. 2807. SENSE OF CONGRESS ON USE OF INCREMENTAL FUNDING TO 
                          CARRY OUT MILITARY CONSTRUCTION 
                          PROJECTS.

    It is the sense of Congress that--
            (1) in preparing the budget for each fiscal year for 
        military construction for submission to Congress under section 
        1105 of title 31, United States Code, the President should 
        request an amount of funds for each proposed military 
        construction project that is sufficient to produce a complete 
        and usable facility or a complete and usable improvement to an 
        existing facility;
            (2) in limited instances, large military construction 
        projects may be funded in phases consistent with established 
        practices for such projects; and
            (3) the President should not request, and Congress should 
        not agree to adopt, a general practice of authorizing or 
        appropriating funds for military construction projects based on 
        historical outlay rates for military construction.

[[Page 113 STAT. 851]]

         Subtitle B--Real Property and Facilities Administration

SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF REAL PROPERTY FOR 
                          SPECIAL OPERATIONS ACTIVITIES.

    Section 2680(d) of title 10, United States Code, is amended by 
striking ``September 30, 2000'' and inserting ``September 30, 2005''.
SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO UTILITY 
                          PRIVATIZATION.

    (a) Extended Contracts for Utility Services.--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), respectively; 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. 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 subsection (b) the following new 
        subsection (c):

[[Page 113 STAT. 852]]

    ``(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. 2815. 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 designation or 
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.
    (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.
SEC. 2816. DESIGNATION OF MISSILE INTELLIGENCE BUILDING AT 
                          REDSTONE ARSENAL, ALABAMA, AS THE 
                          RICHARD C. SHELBY CENTER FOR MISSILE 
                          INTELLIGENCE.

    (a) Designation.--The newly-constructed missile intelligence 
building located at Redstone Arsenal in Huntsville, Alabama, and housing 
a field agency of the Defense Intelligence Agency shall be known and 
designated as the ``Richard C. Shelby Center for Missile Intelligence''.

[[Page 113 STAT. 853]]

    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the missile intelligence 
building referred to in subsection (a) shall be deemed to be a reference 
to the ``Richard C. Shelby Center for Missile Intelligence''.

            Subtitle C--Defense Base Closure and Realignment

SEC. 2821. ECONOMIC DEVELOPMENT CONVEYANCES OF BASE CLOSURE 
                          PROPERTY.

    (a) 1990 Law.--Section 2905(b)(4) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``or realigned'' after ``closed''; 
                and
                    (B) by inserting ``for purposes of job generation on 
                the installation'' before the period at the end;
            (2) by redesignating subparagraphs (C), (D), (E), and (F) as 
        subparagraphs (E), (F), (G), and (J), respectively;
            (3) by striking subparagraph (B) and inserting the following 
        new subparagraphs:

    ``(B) The transfer of property of a military installation under 
subparagraph (A) shall be without consideration if the redevelopment 
authority with respect to the installation--
            ``(i) agrees that the proceeds from any sale or lease of the 
        property (or any portion thereof) received by the redevelopment 
        authority during at least the first seven years after the date 
        of the transfer under subparagraph (A) shall be used to support 
        the economic redevelopment of, or related to, the installation; 
        and
            ``(ii) executes the agreement for transfer of the property 
        and accepts control of the property within a reasonable time 
        after the date of the property disposal record of decision or 
        finding of no significant impact under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    ``(C) For purposes of subparagraph (B), the use of proceeds from a 
sale or lease described in such subparagraph to pay for, or offset the 
costs of, public investment on or related to the installation for any of 
the following purposes shall be considered a use to support the economic 
redevelopment of, or related to, the installation:
            ``(i) Road construction.
            ``(ii) Transportation management facilities.
            ``(iii) Storm and sanitary sewer construction.
            ``(iv) Police and fire protection facilities and other 
        public facilities.
            ``(v) Utility construction.
            ``(vi) Building rehabilitation.
            ``(vii) Historic property preservation.
            ``(viii) Pollution prevention equipment or facilities.
            ``(ix) Demolition.
            ``(x) Disposal of hazardous materials generated by 
        demolition.
            ``(xi) Landscaping, grading, and other site or public 
        improvements.

[[Page 113 STAT. 854]]

            ``(xii) Planning for or the marketing of the development and 
        reuse of the installation.

    ``(D) The Secretary may recoup from a redevelopment authority such 
portion of the proceeds from a sale or lease described in subparagraph 
(B) as the Secretary determines appropriate if the redevelopment 
authority does not use the proceeds to support economic redevelopment 
of, or related to, the installation for the period specified in 
subparagraph (B).'';
            (4) in subparagraph (F), as redesignated by paragraph (2)--
                    (A) by striking ``(i)''; and
                    (B) by striking clause (ii); and
            (5) by inserting after subparagraph (F), as so redesignated, 
        the following new subparagraphs:

    ``(H)(i) In the case of an agreement for the transfer of property of 
a military installation under this paragraph that was entered into 
before April 21, 1999, the Secretary may modify the agreement, and in so 
doing compromise, waive, adjust, release, or reduce any right, title, 
claim, lien, or demand of the United States, if--
            ``(I) the Secretary determines that as a result of changed 
        economic circumstances, a modification of the agreement is 
        necessary;
            ``(II) the terms of the modification do not require the 
        return of any payments that have been made to the Secretary;
            ``(III) the terms of the modification do not compromise, 
        waive, adjust, release, or reduce any right, title, claim, lien, 
        or demand of the United States with respect to in-kind 
        consideration; and
            ``(IV) the cash consideration to which the United States is 
        entitled under the modified agreement, when combined with the 
        cash consideration to be received by the United States for the 
        disposal of other real property assets on the installation, are 
        as sufficient as they were under the original agreement to fund 
        the reserve account established under section 204(b)(7)(C) of 
        the Defense Authorization Amendments and Base Closure and 
        Realignment Act, with the depreciated value of the investment 
        made with commissary store funds or nonappropriated funds in 
        property disposed of pursuant to the agreement being modified, 
        in accordance with section 2906(d).

    ``(ii) When exercising the authority granted by clause (i), the 
Secretary may waive some or all future payments if, and to the extent 
that, the Secretary determines such waiver is necessary.
    ``(iii) With the exception of the requirement that the transfer be 
without consideration, the requirements of subparagraphs (B), (C), and 
(D) shall be applicable to any agreement modified pursuant to clause 
(i).
    ``(I) In the case of an agreement for the transfer of property of a 
military installation under this paragraph that was entered into during 
the period beginning on April 21, 1999, and ending on the date of 
enactment of the National Defense Authorization Act for Fiscal Year 
2000, at the request of the redevelopment authority concerned, the 
Secretary shall modify the agreement to conform to all the requirements 
of subparagraphs (B), (C), and (D). Such a modification may include the 
compromise, waiver, adjustment, release, or reduction of any right, 
title, claim, lien, or demand of the United States under the 
agreement.''.

[[Page 113 STAT. 855]]

    (b) 1988 Law.--Section 204(b)(4) of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 
U.S.C. 2687 note) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``or realigned'' after ``closed''; 
                and
                    (B) by inserting ``for purposes of job generation on 
                the installation'' before the period at the end;
            (2) by redesignating subparagraphs (C), (D), and (E) as 
        subparagraphs (E), (F), and (I), respectively;
            (3) by striking subparagraph (B) and inserting the following 
        new subparagraphs:

    ``(B) The transfer of property of a military installation under 
subparagraph (A) shall be without consideration if the redevelopment 
authority with respect to the installation--
            ``(i) agrees that the proceeds from any sale or lease of the 
        property (or any portion thereof) received by the redevelopment 
        authority during at least the first seven years after the date 
        of the transfer under subparagraph (A) shall be used to support 
        the economic redevelopment of, or related to, the installation; 
        and
            ``(ii) executes the agreement for transfer of the property 
        and accepts control of the property within a reasonable time 
        after the date of the property disposal record of decision or 
        finding of no significant impact under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    ``(C) For purposes of subparagraph (B), the use of proceeds from a 
sale or lease described in such subparagraph to pay for, or offset the 
costs of, public investment on or related to the installation for any of 
the following purposes shall be considered a use to support the economic 
redevelopment of, or related to, the installation:
            ``(i) Road construction.
            ``(ii) Transportation management facilities.
            ``(iii) Storm and sanitary sewer construction.
            ``(iv) Police and fire protection facilities and other 
        public facilities.
            ``(v) Utility construction.
            ``(vi) Building rehabilitation.
            ``(vii) Historic property preservation.
            ``(viii) Pollution prevention equipment or facilities.
            ``(ix) Demolition.
            ``(x) Disposal of hazardous materials generated by 
        demolition.
            ``(xi) Landscaping, grading, and other site or public 
        improvements.
            ``(xii) Planning for or the marketing of the development and 
        reuse of the installation.

    ``(D) The Secretary may recoup from a redevelopment authority such 
portion of the proceeds from a sale or lease described in subparagraph 
(B) as the Secretary determines appropriate if the redevelopment 
authority does not use the proceeds to support economic redevelopment 
of, or related to, the installation for the period specified in 
subparagraph (B).'';
            (4) in subparagraph (E), as redesignated by paragraph (2)--
                    (A) by striking ``(i)''; and
                    (B) by striking clause (ii); and

[[Page 113 STAT. 856]]

            (5) by inserting after subparagraph (F) the following new 
        subparagraphs:

    ``(G)(i) In the case of an agreement for the transfer of property of 
a military installation under this paragraph that was entered into 
before April 21, 1999, the Secretary may modify the agreement, and in so 
doing compromise, waive, adjust, release, or reduce any right, title, 
claim, lien, or demand of the United States, if--
            ``(I) the Secretary determines that as a result of changed 
        economic circumstances, a modification of the agreement is 
        necessary;
            ``(II) the terms of the modification do not require the 
        return of any payments that have been made to the Secretary;
            ``(III) the terms of the modification do not compromise, 
        waive, adjust, release, or reduce any right, title, claim, lien, 
        or demand of the United States with respect to in-kind 
        consideration; and
            ``(IV) the cash consideration to which the United States is 
        entitled under the modified agreement, when combined with the 
        cash consideration to be received by the United States for the 
        disposal of other real property assets on the installation, are 
        as sufficient as they were under the original agreement to fund 
        the reserve account established under paragraph (7)(C), with the 
        depreciated value of the investment made with commissary store 
        funds or nonappropriated funds in property disposed of pursuant 
        to the agreement being modified, in accordance with section 
        2906(d) of the Defense Base Closure and Realignment Act of 1990.

    ``(ii) When exercising the authority granted by clause (i), the 
Secretary may waive some or all future payments if, and to the extent 
that, the Secretary determines such waiver is necessary.
    ``(iii) With the exception of the requirement that the transfer be 
without consideration, the requirements of subparagraphs (B), (C), and 
(D) shall be applicable to any agreement modified pursuant to clause 
(i).
    ``(H) In the case of an agreement for the transfer of property of a 
military installation under this paragraph that was entered into during 
the period beginning on April 21, 1999, and ending on the date of 
enactment of the National Defense Authorization Act for Fiscal Year 
2000, at the request of the redevelopment authority concerned, the 
Secretary shall modify the agreement to conform to all the requirements 
of subparagraphs (B), (C), and (D). Such a modification may include the 
compromise, waiver, adjustment, release, or reduction of any right, 
title, claim, lien, or demand of the United States under the 
agreement.''.
SEC. 2822. 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

[[Page 113 STAT. 857]]

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 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

[[Page 113 STAT. 858]]

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. 2833. LAND CONVEYANCE, ARMY RESERVE CENTER, BANGOR, MAINE.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the City of Bangor, Maine (in this section 
referred to as the ``City''), all right, title, and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 5 acres and containing 
the Army Reserve Center in Bangor, Maine, known as the Harold S. Slager 
Army Reserve Center, for the purpose of permitting the City to develop 
the parcel for educational purposes.
    (b) Alternative Conveyance Authority.--If at the time of the 
conveyance authorized by subsection (a) the Secretary has transferred 
jurisdiction over any of the property to be conveyed to the 
Administrator of General Services, the Administrator shall make the 
conveyance of such property under this section.
    (c) Federal Screening.--(1) If any of the property authorized to be 
conveyed by subsection (a) is under the jurisdiction of the 
Administrator as of the date of the enactment of this Act, the 
Administrator shall conduct with respect to such property the screening 
for further Federal use otherwise required by subsection (a) of section 
2696 of title 10, United States Code.
    (2) Subsections (b) through (d) of such section 2696 shall apply to 
the screening under paragraph (1) as if the screening were a screening 
conducted under subsection (a) of such section. For purposes of such 
subsection (b), the date of the enactment of the provision of law 
authorizing the conveyance of the property authorized to be conveyed by 
this section shall be the date of the enactment of this Act.
    (d) Reversionary Interest.--During the five-year period beginning on 
the date the conveyance authorized by subsection (a) is made, if the 
official making the conveyance determines that the conveyed property is 
not being used for the purpose specified in such subsection, all right, 
title, and interest in and to the property shall revert to the United 
States, and the United States shall have the right of immediate entry 
onto the property. Any determination under this subsection shall be made 
on the record after an opportunity for a hearing.
    (e) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the official

[[Page 113 STAT. 859]]

having jurisdiction over the property at the time of the conveyance. The 
cost of the survey shall be borne by the City.
    (f) Additional Terms and Conditions.--The official having 
jurisdiction over the property authorized to be conveyed by subsection 
(a) at the time of the conveyance may require such additional terms and 
conditions in connection with the conveyance as that official considers 
appropriate to protect the interests of the United States.
SEC. 2834. 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) 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. 2835. 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) 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,

[[Page 113 STAT. 860]]

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. 2836. 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. 2837. 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, for the 
purpose of permitting the recipient to use the parcel for navigation-
related commerce.

[[Page 113 STAT. 861]]

    (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, for the purpose of permitting the recipient to 
use the parcel for economic development.
    (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) Reversionary Interests.--During the five-year period beginning 
on the date the Secretary makes a conveyance authorized under this 
section, if the Secretary determines that the real property conveyed by 
that conveyance is not being used in accordance with the purpose of the 
conveyance, 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.
    (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyances under 
subsections (a) and (b) as the Secretary considers appropriate to 
protect the interests of the United States.
SEC. 2838. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the Department of Veterans' Services of the 
State of Arizona (in this section referred to as the ``Department''), 
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 Department 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 Department.
    (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 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.

[[Page 113 STAT. 862]]

    (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. 2840. 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.
SEC. 2841. REPAIR AND CONVEYANCE OF RED BUTTE DAM AND RESERVOIR, 
                          SALT LAKE CITY, UTAH.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the Central Utah Water Conservancy District, 
Utah (in this section referred to as the ``District''), all right, 
title, and interest of the United States in and to the real property, 
including the dam, spillway, and any other improvements thereon, 
comprising the Red Butte Dam and Reservoir, Salt Lake City, Utah. The 
Secretary shall make the conveyance without regard to the department or 
agency of the Federal Government having jurisdiction over Red Butte Dam 
and Reservoir.
    (b) Funds for Improvement of Dam and Reservoir.--(1) Not later than 
60 days after the date of the enactment of this Act, the Secretary may 
make funds available to the District for

[[Page 113 STAT. 863]]

purposes of the improvement of Red Butte Dam and Reservoir to meet the 
standards applicable to the dam and reservoir under the laws of the 
State of Utah. The amount of funds made available may not exceed 
$6,000,000.
    (2) The District shall use funds made available to the District 
under paragraph (1) solely for purposes of improving Red Butte Dam and 
Reservoir to meet the standards referred to in such paragraph.
    (c) Responsibility for Maintenance and Operation.--Upon the 
conveyance of Red Butte Dam and Reservoir under subsection (a), the 
District shall assume all responsibility for the operation and 
maintenance of Red Butte Dam and Reservoir for fish, wildlife, and flood 
control purposes in accordance with the repayment contract or other 
applicable agreement between the District and the Bureau of Reclamation 
with respect to Red Butte Dam and Reservoir.
    (d) Description of Property.--The legal description of the real 
property to be conveyed under subsection (a) shall be determined by a 
survey satisfactory to the Secretary. The cost of the survey shall be 
borne by the District.
    (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. 2842. 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) <<NOTE: 16 USC 1609 note.>> 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.''.

                        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.

[[Page 113 STAT. 864]]

    (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 tenant occupying the property as of the date of the 
enactment of this Act (in this section referred to as the ``current 
tenant'') under the terms and conditions of the lease for the property 
in effect on that date (in this section referred to as the ``existing 
lease'') or a successor lease.
    (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, and the current tenant is in 
compliance with the lease, the Secretary shall continue to lease the 
property to the current tenant under the terms and conditions applicable 
to the first three years of the existing lease pursuant to the existing 
lease for the property.
    (3) If the property has not been conveyed by deed under this section 
within six years after the date of the enactment of this Act, the 
Secretary may extend or renegotiate the existing lease.
    (g) Maintenance of Property.--(1) If the existing lease is continued 
under subsection (f), the current tenant of the real property covered by 
the lease shall be responsible for maintenance of the property as 
provided for in the existing lease, any extension thereof, or any 
successor lease.
    (2) To the extent provided in advance in appropriations Acts, the 
Secretary shall be responsible for maintaining the real property to be 
conveyed under this section after the date of the termination

[[Page 113 STAT. 865]]

of the lease with the current tenant or the date the property is vacated 
by the current tenant, whichever is later, until such time as the 
property is conveyed by deed under this section.
    (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, 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.
SEC. 2853. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the City of Newport, Rhode Island (in this section referred to as the 
``City''), all right, title, and interest of the United States in and to 
a parcel of real property (together with any improvements thereon) 
consisting of approximately 15 acres and known as the Connell Manor 
housing area, which is located on Ranger Road and is bounded to the 
north by Coddington Highway, to the west and south by city streets, and 
to the east by private properties.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City shall pay to the Secretary an amount sufficient 
to cover the cost, as determined by the Secretary--
            (1) to carry out any environmental assessments and any other 
        studies, analyses, and assessments that may be required under 
        Federal law in connection with the conveyance; and
            (2) to sever and realign utility systems as may be necessary 
        to complete the conveyance.

    (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 City.

[[Page 113 STAT. 866]]

    (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. 2854. LAND CONVEYANCE, NAVAL TRAINING CENTER, ORLANDO, 
                          FLORIDA.

    The Secretary of the Navy shall convey all right, title, and 
interest of the United States in and to the land comprising the main 
base portion of the Naval Training Center and the McCoy Annex Areas, 
Orlando, Florida, to the City of Orlando, Florida, in accordance with 
the terms and conditions set forth in the Memorandum of Agreement by and 
between the United States of America and the City of Orlando for the 
Economic Development Conveyance of Property on the Main Base and McCoy 
Annex Areas of the Naval Training Center, Orlando, executed by the 
Parties on December 9, 1997, as amended.
SEC. 2855. ONE-YEAR DELAY IN DEMOLITION OF RADIO TRANSMITTING 
                          FACILITY TOWERS AT NAVAL STATION, 
                          ANNAPOLIS, MARYLAND, TO FACILITATE 
                          CONVEYANCE OF TOWERS.

    (a) Demolition Delay.--During the one-year period beginning on the 
date of the enactment of this Act, funds authorized to be appropriated 
by this or any other Act may not obligated or expended by the Secretary 
of the Navy to demolish the three southeastern most naval radio 
transmitting towers located at Naval Station, Annapolis, Maryland, that 
are otherwise scheduled for demolition as of that date.
    (b) Conveyance of Towers.--The Secretary may convey, without 
consideration, to the State of Maryland or the County of Anne Arundel, 
Maryland, all right, title, and interest (including maintenance 
responsibility) of the United States in and to the naval radio 
transmitting towers described in subsection (a) if, during the period 
specified in such subsection, the recipient agrees to accept the towers 
in an as is condition.
    (c) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (b) as the Secretary considers appropriate to protect the 
interests of the United States.
SEC. 2856. CLARIFICATION OF LAND EXCHANGE, NAVAL RESERVE READINESS 
                          CENTER, PORTLAND, MAINE.

    (a) Clarification on Conveyee.--Subsection (a)(1) of section 2852 of 
the Military Construction Authorization Act for Fiscal Year 1999 
(division B of Public Law 105-261; 112 Stat. 2220) is amended by 
striking ``Gulf of Maine Aquarium Development Corporation, Portland, 
Maine (in this section referred to as the `Corporation')'' and inserting 
``Gulf of Maine Aquarium Development Corporation, Portland, Maine, a 
non-profit education and research institute (in this section referred to 
as the `Aquarium')''.
    (b) Conforming Amendments.--Such section is further amended by 
striking ``the Corporation'' each place it appears and inserting ``the 
Aquarium''.
SEC. 2857. REVISION TO LEASE AUTHORITY, NAVAL AIR STATION, 
                          MERIDIAN, MISSISSIPPI.

    Section 2837 of the Military Construction Authorization Act for 
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat.

[[Page 113 STAT. 867]]

2798), as amended by section 2853 of the Military Construction 
Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 
111 Stat. 2009), is amended--
            (1) in subsection (a)(1), by striking ``22,000 square feet'' 
        and inserting ``27,000 square feet''; and
            (2) in subsection (b)(2), by striking ``20 percent'' and 
        inserting ``25 percent''.

SEC. 2858. LAND CONVEYANCES, NORFOLK, VIRGINIA.

    (a) Conveyances Authorized.--The Secretary of the Navy may convey to 
the Commonwealth of Virginia (in this section referred to as the 
``Commonwealth''), all right, title, and interest of the United States 
in and to such parcels of real property in the Norfolk, Virginia, area 
as the Secretary and the Commonwealth jointly determine to be required 
for the projects referred to in subsection (d).
    (b) Grants of Easement or Right-of-Way.--The Secretary may grant to 
the Commonwealth such easements, rights-of-way, or other interests in 
land under the jurisdiction of the Secretary as the Secretary and the 
Commonwealth jointly determine to be required for the projects referred 
to in subsection (d).
    (c) Consideration.--(1) As consideration for the grant of easements 
and rights-of-way under subsection (b), the Secretary may require the 
Commonwealth--
            (A) to provide in the Virginia Transportation Improvement 
        Plan for improved access for ingress and egress from Interstate 
        Route 564 to the new air terminal at Naval Air Station, Norfolk, 
        Virginia;
            (B) to include funding for a project or projects necessary 
        for such access in the Fiscal Year 2000-2001 Six Year 
        Improvement Program of the Commonwealth of Virginia; and
            (C) to relocate or replace (at no cost to the Department of 
        the Navy) facilities of the Navy that are affected by the 
        projects referred to in subsection (d).

    (2) The consideration to be provided under this subsection for any 
grants of easement and right-of-way under this section shall be set 
forth in a memorandum of agreement between the Secretary and the 
Commonwealth.
    (d) Covered Projects.--The projects referred to in this subsection 
are projects relating to highway construction, as follows:
            (1) Project number 0337-122-F14, PE-101 (Back Gate).
            (2) Project number 0337-122-F14, PE-102 (Front Gate).
            (3) Project number 0564-122-108, PE-101 (Interstate Route 
        564 intermodal connector).

    (e) Sense of Congress Regarding Construction of Access to Naval Air 
Station, Norfolk, Virginia.--It is the sense of Congress that, by reason 
of the conveyances under subsection (a), the Commonwealth should work 
with the Secretary for purposes of constructing on Interstate Route 564 
an interchange providing improved access to the new air terminal at 
Naval Air Station, Norfolk, Virginia.
    (f) Exemption from Federal Screening Requirement.--The conveyances 
authorized by subsection (a) shall be made without regard to the 
requirement under section 2696 of title 10, United States Code, that the 
property be screened for further Federal use in accordance with the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 
et seq.).

[[Page 113 STAT. 868]]

    (g) Description of Property.--The exact acreage and legal 
description of any real property conveyed under subsection (a), and of 
any easements, rights-of-way, or other interests granted under 
subsection (b), shall be determined by a survey or surveys satisfactory 
to the Secretary. The cost of the survey or surveys shall be borne by 
the Commonwealth.
    (h) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance of any 
real property under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.

                     PART III--AIR FORCE CONVEYANCES

SEC. 2861. LAND CONVEYANCE, NEWINGTON DEFENSE FUEL SUPPLY POINT, 
                          NEW HAMPSHIRE.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey, without consideration, to the Pease Development Authority, New 
Hampshire (in this section referred to as the ``Authority''), all right, 
title, and interest of the United States in and to parcels of real 
property, together with any improvements thereon, consisting of 
approximately 10.26 acres and located in Newington, New Hampshire, the 
site of the Newington Defense Fuel Supply Point.
    (b) Related Pipeline and Easement.--As part of the conveyance 
authorized by subsection (a), the Secretary may convey to the Authority, 
without consideration, all right, title, and interest of the United 
States in and to the following:
            (1) The pipeline approximately 1.25 miles in length that 
        runs between the property authorized to be conveyed under 
        subsection (a) and former Pease Air Force Base, New Hampshire, 
        and any facilities and equipment related thereto.
            (2) An easement consisting of approximately 4.612 acres for 
        purposes of activities relating to the pipeline.

    (c) Condition of Conveyance.--The conveyance authorized by 
subsection (a) may only be made if the Authority agrees to make the fuel 
supply pipeline available for use by the New Hampshire Air National 
Guard under terms and conditions acceptable to the Secretary.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a), 
the easement to be conveyed under subsection (b)(2), and the pipeline to 
be conveyed under subsection (b)(1) shall be determined by surveys and 
other means satisfactory to the Secretary. The cost of any survey or 
other services performed at the direction of the Secretary under the 
preceding sentence shall be borne by the Authority.
    (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyances under 
this section as the Secretary considers appropriate to protect the 
interests of the United States.
SEC. 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,

[[Page 113 STAT. 869]]

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, for the purpose of permitting 
the Port to use the parcels for economic development.
    (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) Reversionary Interest.--During the five-year period beginning on 
the date the Secretary concerned makes the conveyance authorized under 
subsection (a), if that Secretary determines that the real property 
conveyed by that Secretary is not being used in accordance with the 
purpose of the conveyance specified in such subsection, all right, 
title, and interest in and to that 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 concerned under this subsection shall be made on the 
record after an opportunity for a hearing.
    (d) 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.

[[Page 113 STAT. 870]]

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) 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. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER, 
                          CALIFORNIA.

    (a) Conveyance Authorized.--(1) 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.
    (2) Pending the completion of all actions necessary to prepare the 
property described in paragraph (1) for conveyance under such paragraph, 
the Secretary may lease the property to the Regents.
    (b) Inspection of Property.--At an appropriate time before any 
conveyance or lease under subsection (a), the Secretary shall permit the 
Regents access to the property described in such subsection 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 
or lease authorized by subsection (a) unless the Regents agree to 
indemnify and hold harmless the United States for and against the 
following:

[[Page 113 STAT. 871]]

            (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 to exceed 
$17,593,000 as consideration for the agreement under subparagraph (A). 
Notwithstanding section 2906(b) 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 appropriations 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 or lease authorized by subsection (a), 
enter into an agreement with the Regents under which 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 or lease 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 
or lease, 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 or 
lease under subsection (a) as the Secretary considers appropriate to 
protect the interests of the United States.

                        Subtitle E--Other Matters

SEC. 2871. ACCEPTANCE OF GUARANTEES IN CONNECTION WITH GIFTS TO 
                          MILITARY SERVICE ACADEMIES.

    (a) United States Military Academy.--(1) Chapter 403 of title 10, 
United States Code, is amended by inserting after section 4356 the 
following new section:
``Sec. 4357. Acceptance of guarantees with gifts for major 
                  projects

    ``(a) Acceptance Authority.--Subject to subsection (c), the 
Secretary of the Army may accept from a donor or donors a qualified

[[Page 113 STAT. 872]]

guarantee for the completion of a major project for the benefit of the 
Academy.
    ``(b) Obligation Authority.--The amount of a qualified guarantee 
accepted under this section shall be considered as contract authority to 
provide obligation authority for purposes of Federal fiscal and 
contractual requirements. Funds available for a project for which such a 
guarantee has been accepted may be obligated and expended for the 
project without regard to whether the total amount of the funds and 
other resources available for the project (not taking into account the 
amount of the guarantee) is sufficient to pay for completion of the 
project.
    ``(c) Notice of Proposed Acceptance.--The Secretary of the Army may 
not accept a qualified guarantee under this section for the completion 
of a major project until after the expiration of 30 days following the 
date upon which a report of the facts concerning the proposed guarantee 
is submitted to Congress.
    ``(d) Prohibition on Commingling of Funds.--The Secretary of the 
Army may not enter into any contract or other transaction involving the 
use of a qualified guarantee and appropriated funds in the same contract 
or transaction.
    ``(e) Definitions.--In this section:
            ``(1) Major project.--The term `major project' means a 
        project for the purchase or other procurement of real or 
        personal property, or for the construction, renovation, or 
        repair of real or personal property, the total cost of which is, 
        or is estimated to be, at least $1,000,000.
            ``(2) Qualified guarantee.--The term `qualified guarantee', 
        with respect to a major project, means a guarantee that--
                    ``(A) is made by one or more persons in connection 
                with a donation, specifically for the project, of a 
                total amount in cash or securities that, as determined 
                by the Secretary of the Army, is sufficient to defray a 
                substantial portion of the total cost of the project;
                    ``(B) is made to facilitate or expedite the 
                completion of the project in reasonable anticipation 
                that other donors will contribute sufficient funds or 
                other resources in amounts sufficient to pay for 
                completion of the project;
                    ``(C) is set forth as a written agreement that 
                provides for the donor to furnish in cash or securities, 
                in addition to the donor's other gift or gifts for the 
                project, any additional amount that may become necessary 
                for paying the cost of completing the project by reason 
                of a failure to obtain from other donors or sources 
                funds or other resources in amounts sufficient to pay 
                the cost of completing the project; and
                    ``(D) is accompanied by--
                          ``(i) an irrevocable and unconditional standby 
                      letter of credit for the benefit of the Academy 
                      that is in the amount of the guarantee and is 
                      issued by a major United States commercial bank; 
                      or
                          ``(ii) a qualified account control agreement.
            ``(3) Qualified account control agreement.--The term 
        `qualified account control agreement', with respect to a 
        guarantee of a donor, means an agreement among the donor, the 
        Secretary of the Army, and a major United States investment 
        management firm that--

[[Page 113 STAT. 873]]

                    ``(A) ensures the availability of sufficient funds 
                or other financial resources to pay the amount 
                guaranteed during the period of the guarantee;
                    ``(B) provides for the perfection of a security 
                interest in the assets of the account for the United 
                States for the benefit of the Academy with the highest 
                priority available for liens and security interests 
                under applicable law;
                    ``(C) requires the donor to maintain in an account 
                with the investment management firm assets having a 
                total value that is not less than 130 percent of the 
                amount guaranteed; and
                    ``(D) requires the investment management firm, at 
                any time that the value of the account is less than the 
                value required to be maintained under subparagraph (C), 
                to liquidate any noncash assets in the account and 
                reinvest the proceeds in Treasury bills issued under 
                section 3104 of title 31.
            ``(4) Major united states commercial bank.--The term `major 
        United States commercial bank' means a commercial bank that--
                    ``(A) is an insured bank (as defined in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813));
                    ``(B) is headquartered in the United States; and
                    ``(C) has net assets in a total amount considered by 
                the Secretary of the Army to qualify the bank as a major 
                bank.
            ``(5) Major united states investment management firm.--The 
        term `major United States investment management firm' means any 
        broker, dealer, investment adviser, or provider of investment 
        supervisory services (as defined in section 3 of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the 
        Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a major 
        United States commercial bank that--
                    ``(A) is headquartered in the United States; and
                    ``(B) holds for the account of others investment 
                assets in a total amount considered by the Secretary of 
                the Army to qualify the firm as a major investment 
                management firm.''.

    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 4356 the 
following new item:

``4357. Acceptance of guarantees with gifts for major projects.''.

    (b) Naval Academy.--(1) Chapter 603 of title 10, United States Code, 
is amended by inserting after section 6974 the following new section:
``Sec. 6975. Acceptance of guarantees with gifts for major 
                  projects

    ``(a) Acceptance Authority.--Subject to subsection (c), the 
Secretary of the Navy may accept from a donor or donors a qualified 
guarantee for the completion of a major project for the benefit of the 
Naval Academy.
    ``(b) Obligation Authority.--The amount of a qualified guarantee 
accepted under this section shall be considered as contract authority to 
provide obligation authority for purposes of Federal fiscal and 
contractual requirements. Funds available for a project for which such a 
guarantee has been accepted may be obligated

[[Page 113 STAT. 874]]

and expended for the project without regard to whether the total amount 
of the funds and other resources available for the project (not taking 
into account the amount of the guarantee) is sufficient to pay for 
completion of the project.
    ``(c) Notice of Proposed Acceptance.--The Secretary of the Navy may 
not accept a qualified guarantee under this section for the completion 
of a major project until after the expiration of 30 days following the 
date upon which a report of the facts concerning the proposed guarantee 
is submitted to Congress.
    ``(d) Prohibition on Commingling of Funds.--The Secretary of the 
Navy may not enter into any contract or other transaction involving the 
use of a qualified guarantee and appropriated funds in the same contract 
or transaction.
    ``(e) Definitions.--In this section:
            ``(1) Major project.--The term `major project' means a 
        project for the purchase or other procurement of real or 
        personal property, or for the construction, renovation, or 
        repair of real or personal property, the total cost of which is, 
        or is estimated to be, at least $1,000,000.
            ``(2) Qualified guarantee.--The term `qualified guarantee', 
        with respect to a major project, means a guarantee that--
                    ``(A) is made by one or more persons in connection 
                with a donation, specifically for the project, of a 
                total amount in cash or securities that, as determined 
                by the Secretary of the Navy, is sufficient to defray a 
                substantial portion of the total cost of the project;
                    ``(B) is made to facilitate or expedite the 
                completion of the project in reasonable anticipation 
                that other donors will contribute sufficient funds or 
                other resources in amounts sufficient to pay for 
                completion of the project;
                    ``(C) is set forth as a written agreement that 
                provides for the donor to furnish in cash or securities, 
                in addition to the donor's other gift or gifts for the 
                project, any additional amount that may become necessary 
                for paying the cost of completing the project by reason 
                of a failure to obtain from other donors or sources 
                funds or other resources in amounts sufficient to pay 
                the cost of completing the project; and
                    ``(D) is accompanied by--
                          ``(i) an irrevocable and unconditional standby 
                      letter of credit for the benefit of the Naval 
                      Academy that is in the amount of the guarantee and 
                      is issued by a major United States commercial 
                      bank; or
                          ``(ii) a qualified account control agreement.
            ``(3) Qualified account control agreement.--The term 
        `qualified account control agreement', with respect to a 
        guarantee of a donor, means an agreement among the donor, the 
        Secretary of the Navy, and a major United States investment 
        management firm that--
                    ``(A) ensures the availability of sufficient funds 
                or other financial resources to pay the amount 
                guaranteed during the period of the guarantee;
                    ``(B) provides for the perfection of a security 
                interest in the assets of the account for the United 
                States for the benefit of the Naval Academy with the 
                highest priority

[[Page 113 STAT. 875]]

                available for liens and security interests under 
                applicable law;
                    ``(C) requires the donor to maintain in an account 
                with the investment management firm assets having a 
                total value that is not less than 130 percent of the 
                amount guaranteed; and
                    ``(D) requires the investment management firm, at 
                any time that the value of the account is less than the 
                value required to be maintained under subparagraph (C), 
                to liquidate any noncash assets in the account and 
                reinvest the proceeds in Treasury bills issued under 
                section 3104 of title 31.
            ``(4) Major united states commercial bank.--The term `major 
        United States commercial bank' means a commercial bank that--
                    ``(A) is an insured bank (as defined in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813));
                    ``(B) is headquartered in the United States; and
                    ``(C) has net assets in a total amount considered by 
                the Secretary of the Navy to qualify the bank as a major 
                bank.
            ``(5) Major united states investment management firm.--The 
        term `major United States investment management firm' means any 
        broker, dealer, investment adviser, or provider of investment 
        supervisory services (as defined in section 3 of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the 
        Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a major 
        United States commercial bank that--
                    ``(A) is headquartered in the United States; and
                    ``(B) holds for the account of others investment 
                assets in a total amount considered by the Secretary of 
                the Navy to qualify the firm as a major investment 
                management firm.''.

    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 6974 the 
following new item:

``6975. Acceptance of guarantees with gifts for major projects.''.

    (c) Air Force Academy.--(1) Chapter 903 of title 10, United States 
Code, is amended by inserting after section 9355 the following new 
section:
``Sec. 9356. Acceptance of guarantees with gifts for major 
                  projects

    ``(a) Acceptance Authority.--Subject to subsection (c), the 
Secretary of the Air Force may accept from a donor or donors a qualified 
guarantee for the completion of a major project for the benefit of the 
Academy.
    ``(b) Obligation Authority.--The amount of a qualified guarantee 
accepted under this section shall be considered as contract authority to 
provide obligation authority for purposes of Federal fiscal and 
contractual requirements. Funds available for a project for which such a 
guarantee has been accepted may be obligated and expended for the 
project without regard to whether the total amount of the funds and 
other resources available for the project (not taking into account the 
amount of the guarantee) is sufficient to pay for completion of the 
project.

[[Page 113 STAT. 876]]

    ``(c) Notice of Proposed Acceptance.--The Secretary of the Air Force 
may not accept a qualified guarantee under this section for the 
completion of a major project until after the expiration of 30 days 
following the date upon which a report of the facts concerning the 
proposed guarantee is submitted to Congress.
    ``(d) Prohibition on Commingling of Funds.--The Secretary of the Air 
Force may not enter into any contract or other transaction involving the 
use of a qualified guarantee and appropriated funds in the same contract 
or transaction.
    ``(e) Definitions.--In this section:
            ``(1) Major project.--The term `major project' means a 
        project for the purchase or other procurement of real or 
        personal property, or for the construction, renovation, or 
        repair of real or personal property, the total cost of which is, 
        or is estimated to be, at least $1,000,000.
            ``(2) Qualified guarantee.--The term `qualified guarantee', 
        with respect to a major project, means a guarantee that--
                    ``(A) is made by one or more persons in connection 
                with a donation, specifically for the project, of a 
                total amount in cash or securities that, as determined 
                by the Secretary of the Air Force, is sufficient to 
                defray a substantial portion of the total cost of the 
                project;
                    ``(B) is made to facilitate or expedite the 
                completion of the project in reasonable anticipation 
                that other donors will contribute sufficient funds or 
                other resources in amounts sufficient to pay for 
                completion of the project;
                    ``(C) is set forth as a written agreement that 
                provides for the donor to furnish in cash or securities, 
                in addition to the donor's other gift or gifts for the 
                project, any additional amount that may become necessary 
                for paying the cost of completing the project by reason 
                of a failure to obtain from other donors or sources 
                funds or other resources in amounts sufficient to pay 
                the cost of completing the project; and
                    ``(D) is accompanied by--
                          ``(i) an irrevocable and unconditional standby 
                      letter of credit for the benefit of the Academy 
                      that is in the amount of the guarantee and is 
                      issued by a major United States commercial bank; 
                      or
                          ``(ii) a qualified account control agreement.
            ``(3) Qualified account control agreement.--The term 
        `qualified account control agreement', with respect to a 
        guarantee of a donor, means an agreement among the donor, the 
        Secretary of the Air Force, and a major United States investment 
        management firm that--
                    ``(A) ensures the availability of sufficient funds 
                or other financial resources to pay the amount 
                guaranteed during the period of the guarantee;
                    ``(B) provides for the perfection of a security 
                interest in the assets of the account for the United 
                States for the benefit of the Academy with the highest 
                priority available for liens and security interests 
                under applicable law;
                    ``(C) requires the donor to maintain in an account 
                with the investment management firm assets having a 
                total value that is not less than 130 percent of the 
                amount guaranteed; and

[[Page 113 STAT. 877]]

                    ``(D) requires the investment management firm, at 
                any time that the value of the account is less than the 
                value required to be maintained under subparagraph (C), 
                to liquidate any noncash assets in the account and 
                reinvest the proceeds in Treasury bills issued under 
                section 3104 of title 31.
            ``(4) Major united states commercial bank.--The term `major 
        United States commercial bank' means a commercial bank that--
                    ``(A) is an insured bank (as defined in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813));
                    ``(B) is headquartered in the United States; and
                    ``(C) has net assets in a total amount considered by 
                the Secretary of the Air Force to qualify the bank as a 
                major bank.
            ``(5) Major united states investment management firm.--The 
        term `major United States investment management firm' means any 
        broker, dealer, investment adviser, or provider of investment 
        supervisory services (as defined in section 3 of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the 
        Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a major 
        United States commercial bank that--
                    ``(A) is headquartered in the United States; and
                    ``(B) holds for the account of others investment 
                assets in a total amount considered by the Secretary of 
                the Air Force to qualify the firm as a major investment 
                management firm.''.

    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 9355 the 
following new item:

``9356. Acceptance of guarantees with gifts for major projects.''.

SEC. 2872. ACQUISITION OF STATE-HELD INHOLDINGS, EAST RANGE OF 
                          FORT HUACHUCA, ARIZONA.

    (a) Acquisition Authorized.--(1) The Secretary of the Interior may 
acquire by eminent domain, but with the consent of the State of Arizona, 
all right, title, and interest (including any mineral rights) of the 
State of Arizona in and to unimproved Arizona State trust lands 
consisting of approximately 1,536.47 acres in the Fort Huachuca East 
Range, Cochise County, Arizona.
    (2) The Secretary may also acquire by eminent domain, but with the 
consent of the State of Arizona, any trust mineral estate of the State 
of Arizona located beneath the surface estates of the United States in 
one or more parcels of land consisting of approximately 12,943 acres in 
the Fort Huachuca East Range, Cochise County, Arizona.
    (b) Consideration.--(1) Subject to subsection (c), as consideration 
for the acquisition by the United States of Arizona State trust lands 
and mineral interests under subsection (a), the Secretary, acting 
through the Bureau of Land Management, may convey to the State of 
Arizona all right, title, and interest of the United States, or some 
lesser interest, in one or more parcels of Federal land under the 
jurisdiction of the Bureau of Land Management in the State of Arizona.
    (2) The lands or interests in land to be conveyed under this 
subsection shall be mutually agreed upon by the Secretary and the State 
of Arizona, as provided in subsection (c)(1).

[[Page 113 STAT. 878]]

    (3) The value of the lands conveyed out of Federal ownership under 
this subsection either shall be equal to the value of the lands and 
mineral interests received by the United States under subsection (a) or, 
if not, shall be equalized by a payment made by the Secretary or the 
State of Arizona, as necessary.
    (c) Conditions on Conveyance to State.--The Secretary may make the 
conveyance described in subsection (b) only if--
            (1) the transfer of the Federal lands to the State of 
        Arizona is acceptable to the State Land Commissioner; and
            (2) the conveyance of lands and interests in lands under 
        subsection (b) is accepted by the State of Arizona as full 
        consideration for the land and mineral rights acquired by the 
        United States under subsection (a) and terminates all right, 
        title, and interest of all parties (other than the United 
        States) in and to the acquired lands and mineral rights.

    (d) Use of Eminent Domain.--The Secretary may acquire the State 
lands and mineral rights under subsection (a) pursuant to the laws and 
regulations governing eminent domain.
    (e) Determination of Fair Market Value.--Notwithstanding any other 
provision of law, the value of lands and interests in lands acquired or 
conveyed by the United States under this section shall be determined in 
accordance with the Uniform Appraisal Standards for Federal Land 
Acquisition, as published by the Department of Justice in 1992. The 
appraisal shall be subject to the review and acceptance by the Land 
Department of the State of Arizona and the Bureau of Land Management.
    (f) Descriptions of Land.--The exact acreage and legal descriptions 
of the lands and interests in lands acquired or conveyed by the United 
States under this section shall be determined by surveys that are 
satisfactory to the Secretary of the Interior and the State of Arizona.
    (g) Withdrawal of Acquired Lands for Military Purposes.--After 
acquisition, the lands acquired by the United States under subsection 
(a) may be withdrawn and reserved, in accordance with all applicable 
environmental laws, for use by the Secretary of the Army for military 
training and testing in the same manner as other Federal lands located 
in the Fort Huachuca East Range that were withdrawn and reserved for 
Army use through Public Land Order 1471 of 1957.
    (h) Additional Terms and Conditions.--The Secretary of the Interior 
may require such additional terms and conditions in connection with the 
conveyance and acquisition of lands and interests in land under this 
section as the Secretary considers appropriate to protect the interests 
of the United States and any valid existing rights.
    (i) Cost Reimbursement.--All costs associated with the processing of 
the acquisition of State trust lands and mineral interests under 
subsection (a) and the conveyance of public lands under subsection (b) 
shall be borne by the Secretary of the Army.
SEC. 2873. ENHANCEMENT OF PENTAGON RENOVATION ACTIVITIES.

    (a) Renovation Enhancements.--The Secretary of Defense, in 
conjunction with the Pentagon Renovation Program, may design and 
construct secure secretarial office and support facilities and make 
security-related enhancements to the bus and subway station entrance at 
the Pentagon Reservation.

[[Page 113 STAT. 879]]

    (b) Report Required.--As part of the report required under section 
2674(a) of title 10, United States Code, in 2000, the Secretary of 
Defense shall include the estimated cost for the planning, design, 
construction, and installation of equipment for the enhancements 
authorized by subsection (a) and a revised estimate for the total cost 
of the renovation of the Pentagon Reservation.

          Subtitle F--Expansion of Arlington National Cemetery

SEC. 2881. TRANSFER FROM NAVY ANNEX, ARLINGTON, VIRGINIA.

    (a) Land Transfer Required.--The Secretary of Defense shall provide 
for the transfer to the Secretary of the Army of administrative 
jurisdiction over three parcels of real property consisting of 
approximately 36 acres and known as the Navy Annex (in this section 
referred to as the ``Navy Annex property'').
    (b) Use of Land.--(1) Subject to paragraph (2), the Secretary of the 
Army shall incorporate the Navy Annex property transferred under 
subsection (a) into Arlington National Cemetery.
    (2) The Secretary of Defense may reserve not to exceed 10 acres of 
the Navy Annex property (of which not more than six acres may be north 
of the existing Columbia Pike) as a site for--
            (A) a National Military Museum, if such site is recommended 
        for such purpose by the Commission on the National Military 
        Museum established under section 2901; and
            (B) such other memorials that the Secretary of Defense 
        considers compatible with Arlington National Cemetery.

    (c) Remediation of Land for Cemetery Use.--Immediately after the 
transfer of administrative jurisdiction over the Navy Annex property, 
the Secretary of Defense shall provide for the removal of any 
improvements on that property and shall prepare the property for use as 
a part of Arlington National Cemetery.
    (d) Establishment of Master Plan.--(1) The Secretary of Defense 
shall establish a master plan for the use of the Navy Annex property 
transferred under subsection (a).
    (2) The master plan shall take into account (A) the report submitted 
by the Secretary of the Army on the expansion of Arlington National 
Cemetery required at page 787 of the Joint Explanatory Statement of the 
Committee of Conference to accompany the bill H.R. 3616 of the One 
Hundred Fifth Congress (House Report 105-436 of the 105th Congress), and 
(B) the recommendation (if any) of the Commission on the National 
Military Museum to use a portion of the Navy Annex property as the site 
for the National Military Museum.
    (3) The master plan shall be established in consultation with the 
National Capital Planning Commission and only after coordination with 
appropriate officials of the Commonwealth of Virginia and of the County 
of Arlington, Virginia, with respect to matters pertaining to real 
property under the jurisdiction of those officials located in or 
adjacent to the Navy Annex property, including assessments of the 
effects on transportation, infrastructure, and utilities in that county 
by reason of the proposed uses of the Navy Annex property under 
subsection (b).
    (4) <<NOTE: Deadline.>> Not later than 180 days after the date on 
which the Commission on the National Military Museum submits to Congress 
its

[[Page 113 STAT. 880]]

report under section 2903, the Secretary of Defense shall submit to 
Congress the master plan established under this subsection.

    (e) Implementation of Master Plan.--The Secretary of Defense may 
implement the provisions of the master plan at any time after the 
Secretary submits the master plan to Congress.
    (f) Legal Description.--In conjunction with the development of the 
master plan required by subsection (d), the Secretary of Defense shall 
determine the exact acreage and legal description of the portion of the 
Navy Annex property reserved under subsection (b)(2) and of the portion 
transferred under subsection (a) for incorporation into Arlington 
National Cemetery.
    (g) Reports.--(1) <<NOTE: Deadline.>> Not later than 90 days after 
the date of the enactment of this Act, the Secretary of the Army shall 
submit to the Secretary of Defense a copy of the report to Congress on 
the expansion of Arlington National Cemetery required at page 787 of the 
Joint Explanatory Statement of the Committee of Conference to accompany 
the bill H.R. 3616 of the One Hundred Fifth Congress (House Report 105-
736 of the 105th Congress).

    (2) The Secretary of Defense shall include a description of the use 
of the Navy Annex property transferred under subsection (a) in the 
annual report to Congress under section 2674(a)(2) of title 10, United 
States Code, on the state of the renovation of the Pentagon Reservation.
    (h) Deadline.--The Secretary of Defense shall complete the transfer 
of administrative jurisdiction required by subsection (a) not later than 
the earlier of--
            (1) January 1, 2010; or
            (2) the date when the Navy Annex property is no longer 
        required (as determined by the Secretary) for use as temporary 
        office space due to the renovation of the Pentagon.
SEC. 2882. TRANSFER FROM FORT MYER, ARLINGTON, VIRGINIA.

    (a) Land Transfer Required.--The Secretary of the Army shall modify 
the boundaries of Arlington National Cemetery and of Fort Myer to 
include in Arlington National Cemetery the following parcels of real 
property situated in Fort Myer, Arlington, Virginia:
            (1) A parcel comprising approximately five 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.
            (2) A parcel comprising approximately three 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.

    (b) Legal Description.--The exact acreage and legal description of 
the real property to be transferred under subsection (a) shall be 
determined by a survey satisfactory to the Secretary.

           TITLE XXIX--COMMISSION ON NATIONAL MILITARY MUSEUM

Sec. 2901. Establishment.
Sec. 2902. Duties of Commission.

[[Page 113 STAT. 881]]

Sec. 2903. Report.
Sec. 2904. Powers.
Sec. 2905. Commission procedures.
Sec. 2906. Personnel matters.
Sec. 2907. Miscellaneous administrative provisions.
Sec. 2908. Funding.
Sec. 2909. Termination of Commission.

SEC. 2901. <<NOTE: 10 USC 111 note.>> ESTABLISHMENT.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``Commission on the National Military Museum'' (in this 
title referred to as the ``Commission'').
    (b) Composition.--(1) The Commission shall be composed of 11 voting 
members appointed from among individuals who have an expertise in 
military or museum matters as follows:
            (A) Five shall be appointed by the President.
            (B) Two shall be appointed by the Speaker of the House of 
        Representatives, in consultation with the chairman of the 
        Committee on Armed Services of the House of Representatives.
            (C) One shall be appointed by the minority leader of the 
        House of Representatives, in consultation with the ranking 
        member of the Committee on Armed Services of the House of 
        Representatives.
            (D) Two shall be appointed by the majority leader of the 
        Senate, in consultation with the chairman of the Committee on 
        Armed Services of the Senate.
            (E) One shall be appointed by the minority leader of the 
        Senate, in consultation with the ranking member of the Committee 
        on Armed Services of the Senate.

    (2) The following shall be nonvoting members of the Commission:
            (A) The Secretary of Defense.
            (B) The Secretary of the Army.
            (C) The Secretary of the Navy.
            (D) The Secretary of the Air Force.
            (E) The Secretary of Transportation.
            (F) The Secretary of the Smithsonian Institution.
            (G) The Chairman of the National Capital Planning 
        Commission.
            (H) The Chairperson of the Commission of Fine Arts.

    (c) Chairman.--The <<NOTE: President.>> President shall designate 
one of the individuals first appointed to the Commission under 
subsection (b)(1)(A) as the chairman of the Commission.

    (d) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall be 
filled in the same manner as the original appointment.
    (e) Initial <<NOTE: Deadline.>> Organization Requirements.--(1) All 
appointments to the Commission shall be made not later than 90 days 
after the date of the enactment of this Act.

    (2) The Commission shall convene its first meeting not later than 60 
days after the date as of which all members of the Commission have been 
appointed.

SEC. 2902. <<NOTE: 10 USC 111 note.>> DUTIES OF COMMISSION.

    (a) Study of National Military Museum.--The Commission shall conduct 
a study in order to make recommendations to Congress regarding an 
authorization for the construction of a national military museum in the 
National Capital Area.

[[Page 113 STAT. 882]]

    (b) Study Elements.--In conducting the study, the Commission shall 
do the following:
            (1) Determine whether existing military museums, historic 
        sites, and memorials in the United States are adequate--
                    (A) to provide in a cost-effective manner for 
                display of, and interaction with, adequately visited and 
                adequately preserved artifacts and representations of 
                the Armed Forces and of the wars in which the United 
                States has been engaged;
                    (B) to honor the service to the United States of the 
                active and reserve members of the Armed Forces and the 
                veterans of the United States;
                    (C) to educate current and future generations 
                regarding the Armed Forces and the sacrifices of members 
                of the Armed Forces and the Nation in furtherance of the 
                defense of freedom; and
                    (D) to foster public pride in the achievements and 
                activities of the Armed Forces.
            (2) Determine whether adequate inventories of artifacts and 
        representations of the Armed Forces and of the wars in which the 
        United States has been engaged are available, either in current 
        inventories or in private or public collections, for loan or 
        other provision to a national military museum.
            (3) Develop preliminary proposals for--
                    (A) the dimensions and design of a national military 
                museum in the National Capital Area;
                    (B) the location of the museum in that Area; and
                    (C) the approximate cost of the final design and 
                construction of the museum and of the costs of operating 
                the museum.

    (c) Additional Duties.--If the Commission determines to recommend 
that Congress authorize the construction of a national military museum 
in the National Capital Area, the Commission shall also, as a part of 
the study under subsection (a), do the following:
            (1) Recommend not fewer than three sites for the museum 
        ranked by preference.
            (2) Propose a schedule for construction of the museum.
            (3) Assess the potential effects of the museum on the 
        environment, facilities, and roadways in the vicinity of the 
        site or sites where the museum is proposed to be located.
            (4) Recommend the percentages of funding for the museum to 
        be provided by the United States, State and local governments, 
        and private sources, respectively.
            (5) Assess the potential for fundraising for the museum 
        during the 20-year period following the authorization of 
        construction of the museum.
            (6) Assess and recommend various governing structures for 
        the museum, including a governing structure that places the 
        museum within the Smithsonian Institution.

    (d) Requirements for Location on Navy Annex Property.--In the case 
of a recommendation under subsection (c)(1) to authorize construction of 
a national military museum on the Navy Annex property authorized for 
reservation for such purpose by section 2871(b), the design of the 
national military museum on such property shall be subject to the 
following requirements:

[[Page 113 STAT. 883]]

            (1) The design shall be prepared in consultation with the 
        Superintendent of Arlington National Cemetery.
            (2) The design may not provide for access by vehicles to the 
        national military museum through Arlington National Cemetery.

SEC. 2903. <<NOTE: 10 USC 111 note. Deadline.>> REPORT.

    The Commission shall, not later than 12 months after the date of its 
first meeting, submit to Congress a report on its findings and 
conclusions under this title, including any recommendations under 
section 2902.

SEC. 2904. <<NOTE: 10 USC 111 note.>> 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 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. 2905. <<NOTE: 10 USC 111 note.>> COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of the 
chairman.
    (b) Quorum.--(1) Six of the members appointed under section 
2901(b)(1) 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. 2906. <<NOTE: 10 USC 111 note.>> PERSONNEL MATTERS.

    (a) Pay of Members.--Members of the Commission appointed under 
section 2901(b)(1) 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

[[Page 113 STAT. 884]]

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. 2907. MISCELLANEOUS <<NOTE: 10 USC 111 note.>> 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 
United States.
    (b) Miscellaneous Administrative and Support Services.--The 
Secretary of Defense shall furnish the Commission, on a reimbursable 
basis, any administrative and support services requested by the 
Commission.

SEC. 2908. <<NOTE: 10 USC 111 note.>> FUNDING.

    (a) In General.--Funds for activities of the Commission shall be 
provided from amounts appropriated for the Department of Defense for 
operation and maintenance for Defense-wide activities for fiscal year 
2000.
    (b) Request.--Upon receipt of a written certification from the 
chairman of the Commission specifying the funds required for the 
activities of the Commission, the Secretary of Defense shall promptly 
disburse to the Commission, from such amounts, the funds required by the 
Commission as stated in such certification.
    (c) Availability of Certain Funds.--Of the funds available for 
activities of the Commission under this section, $2,000,000 shall be 
available for the activities, if any, of the Commission under section 
2902(c).

SEC. 2909. <<NOTE: 10 USC 111 note.>> TERMINATION OF COMMISSION.

    The Commission shall terminate 60 days after the date of the 
submission of its report under section 2903.

[[Page 113 STAT. 885]]

  TITLE <<NOTE: Military Lands Withdrawal Act of 1999.>> XXX--MILITARY 
                            LAND WITHDRAWALS

Sec. 3001. Short title.

                    Subtitle A--Withdrawals Generally

Sec. 3011. Withdrawals.
Sec. 3012. Maps and legal descriptions.
Sec. 3013. Termination of withdrawals in Military Lands Withdrawal Act 
           of 1986.
Sec. 3014. Management of lands.
Sec. 3015. Duration of withdrawal and reservation.
Sec. 3016. Extension of initial withdrawal and reservation.
Sec. 3017. Ongoing decontamination.
Sec. 3018. Delegation.
Sec. 3019. Water rights.
Sec. 3020. Hunting, fishing, and trapping.
Sec. 3021. Mining and mineral leasing.
Sec. 3022. Use of mineral materials.
Sec. 3023. Immunity of United States.

                   Subtitle B--Withdrawals in Arizona

Sec. 3031. Barry M. Goldwater Range, Arizona.
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and 
                      Cabeza Prieta Wilderness.
Sec. 3033. Maps and legal description.
Sec. 3034. Water rights.
Sec. 3035. Hunting, fishing, and trapping.
Sec. 3036. Use of mineral materials.
Sec. 3037. Immunity of United States.

               Subtitle C--Authorization of Appropriations

Sec. 3041. Authorization of appropriations.

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``Military Lands Withdrawal Act of 
1999''.

                    Subtitle A--Withdrawals Generally

SEC. 3011. WITHDRAWALS.

    (a) Naval Air Station Fallon Ranges, Nevada.--
            (1) Withdrawal and reservation.--(A) Subject to valid 
        existing rights and except as otherwise provided in this 
        subtitle, the lands established at the B-16, B-17, B-19, and B-
        20 Ranges, as referred to in paragraph (2), and all other areas 
        within the boundary of such lands as depicted on the map 
        referred to in such paragraph which may become subject to the 
        operation of the public land laws, are hereby withdrawn from all 
        forms of appropriation under the public land laws, including the 
        mining laws and the mineral leasing and geothermal leasing laws.
            (B) The lands and interests in lands within the boundaries 
        established at the Dixie Valley Training Area, as referred to in 
        paragraph (2), are hereby withdrawn from all forms of 
        appropriation under the public land laws, including the mining 
        laws and geothermal leasing laws, but not the mineral leasing 
        laws.
            (C) The lands withdrawn by subparagraphs (A) and (B) are 
        reserved for use by the Secretary of the Navy for--
                    (i) testing and training for aerial bombing, missile 
                firing, and tactical maneuvering and air support; and

[[Page 113 STAT. 886]]

                    (ii) other defense-related purposes consistent with 
                the purposes specified in this subparagraph.
            (2) Land description.--The public lands and interests in 
        lands withdrawn and reserved by this subsection comprise 
        approximately 204,953 acres of land in Churchill County, Nevada, 
        as generally depicted as ``Proposed Withdrawal Land'' and 
        ``Existing Withdrawals'' on the map entitled ``Naval Air Station 
        Fallon Ranges--Proposed Withdrawal of Public Lands for Range 
        Safety and Training Purposes'', dated May 25, 1999, and filed in 
        accordance with section 3012.
            (3) Relationship to other reservations.--
                    (A) B-16 range.--To the extent the withdrawal and 
                reservation made by paragraph (1) for the B-16 Range 
                withdraws lands currently withdrawn and reserved for use 
                by the Bureau of Reclamation, the reservation made by 
                that paragraph shall be the primary reservation for 
                public safety management actions only, and the existing 
                Bureau of Reclamation reservation shall be the primary 
                reservation for all other management actions.
                    (B) Shoal site.--The Secretary of Energy shall 
                remain responsible and liable for the subsurface estate 
                and all its activities at the ``Shoal Site'' withdrawn 
                and reserved by Public Land Order Number 2771, as 
                amended by Public Land Order Number 2834. The Secretary 
                of the Navy shall be responsible for the management and 
                use of the surface estate at the ``Shoal Site'' pursuant 
                to the withdrawal and reservation made by paragraph (1).
            (4) Water <<NOTE: Effective date.>> rights.-- Effective as 
        of the date of the enactment of this Act, the Secretary of the 
        Navy shall ensure that the Navy complies with the portion of the 
        memorandum of understanding between the Department of the Navy 
        and the United States Fish and Wildlife Service dated July 26, 
        1995, requiring the Navy to limit water rights to the maximum 
        extent practicable, consistent with safety of operations, for 
        Naval Air Station Fallon, Nevada, currently not more than 4,402 
        acre-feet of water per year.

    (b) Nellis Air Force Range, Nevada.--
            (1) Department of air force.--Subject to valid existing 
        rights and except as otherwise provided in this subtitle, the 
        public lands described in paragraph (4) are hereby withdrawn 
        from all forms of appropriation under the public land laws, 
        including the mining laws and the mineral leasing and geothermal 
        leasing laws. Such lands are reserved for use by the Secretary 
        of the Air Force--
                    (A) as an armament and high hazard testing area;
                    (B) for training for aerial gunnery, rocketry, 
                electronic warfare, and tactical maneuvering and air 
                support;
                    (C) for equipment and tactics development and 
                testing; and
                    (D) for other defense-related purposes consistent 
                with the purposes specified in this paragraph.
            (2) Department of energy.--
                    (A) Revocation.--Public Land Order Number 1662, 
                published in the Federal Register on June 26, 1958, is 
                hereby revoked in its entirety.
                    (B) Withdrawal.--Subject to valid existing rights, 
                all lands within the boundary of the area labeled 
                ``Pahute

[[Page 113 STAT. 887]]

                Mesa'' as generally depicted on the map referred to in 
                paragraph (4) are hereby withdrawn from all forms of 
                appropriation under the public land laws, including the 
                mining laws and the mineral leasing and geothermal 
                leasing laws.
                    (C) Reservation.--The lands withdrawn under 
                subparagraph (B) are reserved for use by the Secretary 
                of Energy as an integral part of the Nevada Test Site. 
                Other provisions of this subtitle do not apply to the 
                land withdrawn and reserved under this paragraph, except 
                as provided in section 3017.
            (3) Department of interior.--Notwithstanding the Desert 
        National Wildlife Refuge withdrawal and reservation made by 
        Executive Order No. 7373, dated May 20, 1936, as amended by 
        Public Land Order Number 4079, dated August 26, 1966, and Public 
        Land Order Number 7070, dated August 4, 1994, the lands depicted 
        as impact areas on the map referred to in paragraph (4) are, 
        upon completion of the transfers authorized in paragraph 
        (5)(F)(ii), transferred to the primary jurisdiction of the 
        Secretary of the Air Force, who shall manage the lands in 
        accordance with the memorandum of understanding referred to in 
        paragraph (5)(E). The Secretary of the Interior shall retain 
        secondary jurisdiction over the lands for wildlife conservation 
        purposes.
            (4) Land description.--The public lands and interests in 
        lands withdrawn and reserved by paragraphs (1) and (2) comprise 
        approximately 2,919,890 acres of land in Clark, Lincoln, and Nye 
        Counties, Nevada, as generally depicted on the map entitled 
        ``Nevada Test and Training Range, Proposed Withdrawal 
        Extension'', dated April 22, 1999, and filed in accordance with 
        section 3012.
            (5) Desert national wildlife refuge.--
                    (A) Management.--During the period of withdrawal and 
                reservation of lands by this subtitle, the Secretary of 
                the Interior shall exercise administrative jurisdiction 
                over the Desert National Wildlife Refuge (except for the 
                lands referred to in this subsection) through the United 
                States Fish and Wildlife Service in accordance with the 
                National Wildlife Refuge System Administration Act of 
                1966 (16 U.S.C. 668dd et seq.), this subtitle, and other 
                laws applicable to the National Wildlife Refuge System.
                    (B) Use of mineral materials.--Notwithstanding any 
                other provision of this subtitle or the Act of July 31, 
                1947 (commonly known as the Materials Act of 1947; 30 
                U.S.C. 601 et seq.), no mineral material resources may 
                be obtained from the parts of the Desert National 
                Wildlife Refuge that are not depicted as impact areas on 
                the map referred to in paragraph (4), except in 
                accordance with the procedures set forth in the 
                memorandum of understanding referred to in subparagraph 
                (E).
                    (C) Access restrictions.--If the Secretary of the 
                Air Force determines that military operations, public 
                safety, or national security require the closure to the 
                public of any road, trail, or other portion of the 
                Desert National Wildlife Refuge that is withdrawn by 
                this subtitle, the Secretary of the Interior shall take 
                action to effect and maintain such closure, including 
                agreeing to amend the

[[Page 113 STAT. 888]]

                memorandum of understanding referred to in subparagraph 
                (E) to establish new or enhanced surface safety zones.
                    (D) Effect of subtitle.--Neither the withdrawal 
                under paragraph (1) nor any other provision of this 
                subtitle, except this subsection and subsections (a) and 
                (b) of section 3014, shall be construed to effect the 
                following:
                          (i) The National Wildlife Refuge System 
                      Administration Act of 1966 (16 U.S.C. 668dd et 
                      seq.) or any other law related to management of 
                      the National Wildlife Refuge System.
                          (ii) Any Executive order or public land order 
                      in effect on the date of the enactment of this Act 
                      with respect to the Desert National Wildlife 
                      Refuge.
                          (iii) Any memorandum of understanding between 
                      the Secretary of the Interior and the Secretary of 
                      the Air Force concerning the joint use of lands 
                      withdrawn for use by the Air Force within the 
                      external boundaries of the Desert National 
                      Wildlife Refuge, except to the extent the 
                      provisions of such memorandum of understanding are 
                      inconsistent with the provisions of this subtitle, 
                      in which case such memorandum of understanding 
                      shall be reviewed and amended to conform to the 
                      provisions of this title not later than 120 days 
                      after the date of the enactment of this Act.
                    (E) Memorandum of understanding.--(i) The Secretary 
                of the Interior, in coordination with the Secretary of 
                the Air Force, shall manage the portion of the Desert 
                National Wildlife Refuge withdrawn by this subtitle, 
                except for the lands referred to in paragraph (3), for 
                the purposes for which the refuge was established, and 
                to support current and future military aviation training 
                needs consistent with the current memorandum of 
                understanding between the Department of the Air Force 
                and the Department of the Interior, including any 
                extension or other amendment of such memorandum of 
                understanding as provided under this subparagraph.
                    (ii) As part of the review of the existing 
                memorandum of understanding provided for in this 
                paragraph, the Secretary of the Interior and the 
                Secretary of the Air Force shall extend the memorandum 
                of understanding for a period that coincides with the 
                duration of the withdrawal of the lands constituting 
                Nellis Air Force Range under this subtitle.
                    (iii) Nothing in this paragraph shall be construed 
                as prohibiting the Secretary of the Interior and the 
                Secretary of the Air Force from revising the memorandum 
                of understanding at any future time should they mutually 
                agree to do so.
                    (iv) <<NOTE: Effective date.>> Amendments to the 
                memorandum of understanding shall take effect 90 days 
                after the date on which the Secretary of the Interior 
                submits notice of such amendments to the Committees on 
                Environment and Public Works, Energy and Natural 
                Resources, and Armed Services of the Senate and the 
                Committees on Resources and Armed Services of the House 
                of Representatives.

[[Page 113 STAT. 889]]

                    (F) Acquisition of replacement property.--(i) In 
                addition to any other amounts authorized to be 
                appropriated by section 3041, there are hereby 
                authorized to be appropriated to the Secretary of the 
                Air Force such sums as may be necessary for the 
                replacement of National Wildlife Refuge System lands in 
                Nevada covered by this subsection.
                    (ii) The Secretary of the Air Force may, using funds 
                appropriated pursuant to the authorization of 
                appropriations in clause (i) to--
                          (I) acquire lands, waters, or interests in 
                      lands or waters in Nevada pursuant to clause (i) 
                      which are acceptable to the Secretary of the 
                      Interior, and transfer such lands to the Secretary 
                      of the Interior; or
                          (II) transfer such funds to the Secretary of 
                      the Interior for the purpose of acquiring such 
                      lands.
                    (iii) The transfers authorized by clause (ii) shall 
                be deemed complete upon written notification from the 
                Secretary of the Interior to the Secretary of the Air 
                Force that lands, or funds, equal to the amount 
                appropriated pursuant to the authorization of 
                appropriations in clause (i) have been received by the 
                Secretary of the Interior from the Secretary of the Air 
                Force.

    (c) Fort Greely and Fort Wainwright Training Ranges, Alaska.--
            (1) Withdrawal and reservation.--Subject to valid existing 
        rights and except as otherwise provided in this subtitle, all 
        lands and interests in lands within the boundaries established 
        at the Fort Greely East and West Training Ranges and the Yukon 
        Training Range of Fort Wainwright, as referred to in paragraph 
        (2), are hereby withdrawn from all forms of appropriation under 
        the public land laws, including the mining laws and the mineral 
        leasing and geothermal leasing laws. Such lands are reserved for 
        use by the Secretary of the Army for--
                    (A) military maneuvering, training, and equipment 
                development and testing;
                    (B) training for aerial gunnery, rocketry, 
                electronic warfare, and tactical maneuvering and air 
                support; and
                    (C) other defense-related purposes consistent with 
                the purposes specified in this paragraph.
            (2) Land description.--The public lands and interests in 
        lands withdrawn and reserved by this subsection comprise 
        approximately 869,862 acres of land in the Fairbanks North Star 
        Borough and the Unorganized Borough, Alaska, as generally 
        depicted on the map entitled ``Fort Wainwright and Fort Greely 
        Regional Context Map'', dated June 3, 1987, and filed in 
        accordance with section 3012.

    (d) McGregor Range, Fort Bliss, New Mexico.--
            (1) Withdrawal and reservation.--Subject to valid existing 
        rights and except as otherwise provided in this subtitle, all 
        lands and interests in lands within the boundaries established 
        at the McGregor Range of Fort Bliss, as referred to in paragraph 
        (2), are hereby withdrawn from all forms of appropriation under 
        the public land laws, including the mining laws and the mineral 
        leasing and geothermal leasing laws. Such lands are reserved for 
        use by the Secretary of the Army for--

[[Page 113 STAT. 890]]

                    (A) military maneuvering, training, and equipment 
                development and testing;
                    (B) training for aerial gunnery, rocketry, 
                electronic warfare, and tactical maneuvering and air 
                support associated with the Air Force Tactical Target 
                Complex; and
                    (C) other defense-related purposes consistent with 
                the purposes specified in this paragraph.
            (2) Land description.--The public lands and interests in 
        lands withdrawn and reserved by this subsection comprise 608,385 
        acres of land in Otero County, New Mexico, as generally depicted 
        on the map entitled ``McGregor Range Withdrawal'', dated June 3, 
        1999, and filed in accordance with section 3012.

SEC. 3012. MAPS AND LEGAL DESCRIPTIONS.

    (a) Publication and Filing.--As soon as practicable after the date 
of the enactment of this Act, the Secretary of the Interior shall--
            (1) <<NOTE: Federal Register, publication.>> publish in the 
        Federal Register a notice containing the legal description of 
        the lands withdrawn and reserved by this subtitle; and
            (2) file maps and the legal descriptions of the lands 
        withdrawn and reserved by this subtitle with the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives.

    (b) Technical Corrections.--Such maps and legal descriptions shall 
have the same force and effect as if included in this subtitle, except 
that the Secretary of the Interior may correct clerical and 
typographical errors in such maps and legal descriptions.
    (c) Availability for Public Inspection.--Copies of such maps and 
legal descriptions shall be available for public inspection in the 
offices of the Director and appropriate State Directors and field office 
managers of the Bureau of Land Management, the office of the commander, 
Naval Air Station Fallon, Nevada, the offices of the Director and 
appropriate Regional Directors of the United States Fish and Wildlife 
Service, the office of the commander, Nellis Air Force Base, Nevada, the 
office of the commander, Fort Bliss, Texas, the office of the commander, 
Fort Greely, Alaska, the office of the commander, Fort Wainwright, 
Alaska, and the Office of the Secretary of Defense.
    (d) Reimbursement.--The Secretary of Defense shall reimburse the 
Secretary of the Interior for any costs incurred by the Secretary of the 
Interior in implementing this section.
SEC. 3013. TERMINATION OF WITHDRAWALS IN MILITARY LANDS WITHDRAWAL 
                          ACT OF 1986.

    Except as otherwise provided in this title, the withdrawals made by 
the Military Lands Withdrawal Act of 1986 (Public Law 99-606) shall 
terminate after November 6, 2001.

SEC. 3014. MANAGEMENT OF LANDS.

    (a) Management by Secretary of Interior.--
            (1) Applicable law.--During the period of the withdrawal of 
        lands under this subtitle, the Secretary of the Interior shall 
        manage the lands withdrawn by section 3011 pursuant to the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
        et seq.), other applicable law, and this subtitle. The Secretary 
        shall manage the lands within the Desert National Wildlife 
        Refuge in accordance with the National Wildlife Refuge

[[Page 113 STAT. 891]]

        System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and 
        other applicable law. No provision of this subtitle, except 
        sections 3011(b)(5)(D), 3020, and 3021, shall apply to the 
        management of the Desert National Wildlife Refuge.
            (2) Activities authorized.--To the extent consistent with 
        applicable law and Executive orders, the lands withdrawn by 
        section 3011 may be managed in a manner permitting--
                    (A) the continuation of grazing where permitted on 
                the date of the enactment of this Act;
                    (B) the protection of wildlife and wildlife habitat;
                    (C) the control of predatory and other animals;
                    (D) recreation; and
                    (E) the prevention and appropriate suppression of 
                brush and range fires resulting from nonmilitary 
                activities.
            (3) Nonmilitary uses.--
                    (A) In general.--All nonmilitary use of the lands 
                referred to in paragraph (2), other than the uses 
                described in that paragraph, shall be subject to such 
                conditions and restrictions as may be necessary to 
                permit the military use of such lands for the purposes 
                specified in or authorized pursuant to this subtitle.
                    (B) Leases, easements, and rights-of-way.--The 
                Secretary of the Interior may issue a lease, easement, 
                right-of-way, or other authorization with respect to the 
                nonmilitary use of lands referred to in paragraph (2) 
                only with the concurrence of the Secretary of the 
                military department concerned.

    (b) Closure to Public.--
            (1) In general.--If the Secretary of the military department 
        concerned determines that military operations, public safety, or 
        national security require the closure to public use of any road, 
        trail, or other portion of lands withdrawn by this subtitle, 
        that Secretary may take such action as that Secretary determines 
        necessary or desirable to effect and maintain such closure.
            (2) Limitations.--Any closure under paragraph (1) shall be 
        limited to the minimum areas and periods which the Secretary of 
        the military department concerned determines are required to 
        carry out this subsection.
            (3) Notice.--Before and during any closure under this 
        subsection, the Secretary of the military department concerned 
        shall--
                    (A) keep appropriate warning notices posted; and
                    (B) take appropriate steps to notify the public 
                concerning such closure.

    (c) Management Plan.--The Secretary of the Interior, after 
consultation with the Secretary of the military department concerned, 
shall develop a plan for the management of each area withdrawn by 
section 3011 during the period of withdrawal under this subtitle. Each 
plan shall--
            (1) be consistent with applicable law;
            (2) be subject to the conditions and restrictions specified 
        in subsection (a)(3);
            (3) include such provisions as may be necessary for proper 
        management and protection of the resources and values of such 
        area; and

[[Page 113 STAT. 892]]

            (4) be developed not later than two years after the date of 
        the enactment of this Act.

    (d) Brush and Range Fires.--
            (1) In general.--The Secretary of the military department 
        concerned shall take necessary precautions to prevent and 
        suppress brush and range fires occurring within and outside 
        lands withdrawn by section 3011 as a result of military 
        activities and may seek assistance from the Bureau of Land 
        Management in the suppression of such fires.
            (2) Assistance.--Each memorandum of understanding required 
        by subsection (e) shall--
                    (A) require the Bureau of Land Management to provide 
                assistance in the suppression of fires under paragraph 
                (1) upon the request of the Secretary of the military 
                department concerned; and
                    (B) provide for a transfer of funds from the 
                military department concerned to the Bureau of Land 
                Management as compensation for any assistance so 
                provided.

    (e) Memorandum of Understanding.--
            (1) Requirement.--The Secretary of the Interior and the 
        Secretary of the military department concerned shall, with 
        respect to each lands withdrawn by section 3011, enter into a 
        memorandum of understanding to implement the management plan for 
        such lands under subsection (c).
            (2) Duration.--The duration of any memorandum of 
        understanding for lands withdrawn by section 3011 shall be the 
        same as the period of the withdrawal of such lands under this 
        subtitle.

    (f) Additional Military Uses.--
            (1) In general.--Lands withdrawn by section 3011 (except 
        lands within the Desert National Wildlife Refuge) may be used 
        for defense-related purposes other than those specified in the 
        applicable provisions of such section.
            (2) Notice.--The Secretary of Defense shall promptly notify 
        the Secretary of the Interior in the event that lands withdrawn 
        by this subtitle will be used for defense-related purposes other 
        than those specified in the applicable provisions of section 
        3011.
            (3) Contents of notice.--A notice under paragraph (2) shall 
        indicate the additional use or uses involved, the proposed 
        duration of such use or uses, and the extent to which such use 
        or uses will require that additional or more stringent 
        conditions or restrictions be imposed on otherwise permitted 
        nonmilitary uses of the lands concerned, or portions thereof.
SEC. 3015. DURATION OF WITHDRAWAL AND RESERVATION.

    (a) General Termination Date.--The withdrawal and reservation of 
lands by section 3011 shall terminate 25 years after November 6, 2001, 
except as otherwise provided in this subtitle and except for the 
withdrawals provided for under subsections (a) and (b) of section 3011 
which shall terminate 20 years after November 6, 2001.
    (b) Commencement Date for Certain Lands.--As to the lands withdrawn 
for military purposes by section 3011, but not withdrawn for military 
purposes by section 1 of the Military Lands Withdrawal Act of 1986 
(Public Law 99-606), the withdrawal of such lands shall become effective 
on the date of the enactment of this Act.

[[Page 113 STAT. 893]]

    (c) Opening <<NOTE: Federal Register, publication.>> Date.--On the 
date of the termination of the withdrawal and reservation of lands under 
this subtitle, such lands shall not be open to any form of appropriation 
under the public land laws, including the mineral laws and the mineral 
leasing and geothermal leasing laws, until the Secretary of the Interior 
publishes in the Federal Register an appropriate order stating the date 
upon which such lands shall be restored to the public domain and opened.
SEC. 3016. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.

    (a) In General.--Not later than three years before the termination 
date of the initial withdrawal and reservation of lands under this 
subtitle, the Secretary of the military department concerned shall 
notify Congress and the Secretary of the Interior concerning whether the 
military department will have a continuing military need after such 
termination date for all or any portion of such lands.
    (b) Duties Regarding Continuing Military Need.--
            (1) In general.--If the Secretary of the military department 
        concerned determines that there will be a continuing military 
        need for any lands withdrawn by this subtitle, the Secretary of 
        the military department concerned shall--
                    (A) consult with the Secretary of the Interior 
                concerning any adjustments to be made to the extent of, 
                or to the allocation of management responsibility for, 
                such lands; and
                    (B) file with the Secretary of the Interior, within 
                one year after the notice required by subsection (a), an 
                application for extension of the withdrawal and 
                reservation of such lands.
            (2) Application for extension.--Notwithstanding any general 
        procedure of the Department of the Interior for processing 
        Federal land withdrawals, an application for extension under 
        paragraph (1) shall be considered complete if the application 
        includes the following:
                    (A) The information required by section 3 of the 
                Engle Act (43 U.S.C. 157), except that no information 
                shall be required concerning the use or development of 
                mineral, timber, or grazing resources unless, and to the 
                extent, the Secretary of the military department 
                concerned proposes to use or develop such resources 
                during the period of extension.
                    (B) A copy of the most recent report prepared in 
                accordance with the Sikes Act (16 U.S.C. 670 et seq.).

    (c) Legislative Proposals.--The Secretary of the Interior and the 
Secretary of the military department concerned shall ensure that any 
legislative proposal for the extension of the withdrawal and reservation 
of lands under this subtitle is submitted to Congress not later than May 
1 of the year preceding the year in which the withdrawal and reservation 
of such lands would otherwise terminate under this subtitle.
    (d) Notice of Intent Regarding Relinquishment.--If during the period 
of the withdrawal and reservation of lands under this subtitle, the 
Secretary of the military department concerned decides to relinquish all 
or any of the lands withdrawn and reserved by section 3011, such 
Secretary shall transmit a notice of intent to relinquish such lands to 
the Secretary of the Interior.

[[Page 113 STAT. 894]]

SEC. 3017. ONGOING DECONTAMINATION.

    (a) Program.--Throughout the duration of the withdrawal of lands 
under this subtitle, the Secretary of the military department concerned 
shall, to the extent funds are available for such purpose, maintain a 
program of decontamination of such lands consistent with applicable 
Federal and State law.
    (b) Reports.--
            (1) Requirement.--Not <<NOTE: Deadline.>> later than 45 days 
        after the date on which the President transmits to Congress the 
        President's proposed budget for any fiscal year beginning after 
        the date of the enactment of this Act, the Secretary of each 
        military department shall transmit to the Committees on 
        Appropriations, Armed Services, and Energy and Natural Resources 
        of the Senate and the Committees on Appropriations, Armed 
        Services, and Resources of the House of Representatives a 
        description of the decontamination efforts undertaken on lands 
        under this subtitle under the jurisdiction of such Secretary 
        during the previous fiscal year and the decontamination 
        activities proposed to be undertaken on such lands during the 
        next fiscal year.
            (2) Report elements.--Each report shall specify the 
        following:
                    (A) Amounts appropriated and obligated or expended 
                for decontamination of such lands.
                    (B) The methods used to decontaminate such lands.
                    (C) The amounts and types of decontaminants removed 
                from such lands.
                    (D) The estimated types and amounts of residual 
                contamination on such lands.
                    (E) An estimate of the costs for full 
                decontamination of such lands and the estimate of the 
                time to complete such decontamination.

    (c) Decontamination Before Relinquishment.--
            (1) Duties before notice of intent to relinquish.--Before 
        transmitting a notice of intent to relinquish lands under 
        section 3016(d), the Secretary of Defense, acting through the 
        Secretary of the military department concerned, shall prepare a 
        written determination concerning whether and to what extent such 
        lands are contaminated with explosive, toxic, or other hazardous 
        materials.
            (2) Determination accompanies notice.--A copy of any 
        determination prepared with respect to lands under paragraph (1) 
        shall be transmitted together with the notice of intent to 
        relinquish such lands under section 3016(d).
            (3) Publication <<NOTE: Federal Register, publication.>> of 
        notice and determination.--The Secretary of the Interior shall 
        publish in the Federal Register a copy of any notice of intent 
        to relinquish and determination concerning the contaminated 
        state of the lands that is transmitted under this subsection.

    (d) Alternatives to Decontamination Before Relinquishment.--If the 
Secretary of the Interior, after consultation with the Secretary of the 
military department concerned, determines that decontamination of any 
land which is the subject of a notice of intent to relinquish under 
section 3016(d) is not practicable or economically feasible, or that 
such land cannot be decontaminated sufficiently to be opened to the 
operation of some or all of the public land laws, or if Congress does 
not appropriate sufficient

[[Page 113 STAT. 895]]

funds for the decontamination of such land, the Secretary of the 
Interior shall not be required to accept such land for relinquishment.
    (e) Status of Contaminated Lands.--If because of their contaminated 
state the Secretary of the Interior declines to accept jurisdiction over 
lands withdrawn by this subtitle which have been proposed for 
relinquishment, or if at the expiration of the withdrawal of such lands 
by this subtitle the Secretary of the Interior determines that some of 
such lands are contaminated to an extent which prevents opening such 
lands to operation of the public land laws--
            (1) the Secretary of the military department concerned shall 
        take appropriate steps to warn the public of the contaminated 
        state of such lands and any risks associated with entry onto 
        such lands;
            (2) after the expiration of the withdrawal of such lands 
        under this subtitle, the Secretary of the military department 
        concerned shall undertake no activities on such lands except in 
        connection with decontamination of such lands; and
            (3) the Secretary of the military department concerned shall 
        submit to the Secretary of the Interior and Congress a report on 
        the status of such lands and all actions taken under this 
        subsection.

    (f) Revocation Authority.--
            (1) Authority.--Notwithstanding any other provision of law, 
        the Secretary of the Interior, upon deciding that it is in the 
        public interest to accept jurisdiction over lands proposed for 
        relinquishment under section 3016(d), may revoke the withdrawal 
        and reservation of lands under this subtitle as it applies to 
        such lands.
            (2) Order.--Should <<NOTE: Federal Register, 
        publication.>> a decision be made to revoke the withdrawal and 
        reservation of lands under paragraph (1), the Secretary of the 
        Interior shall publish in the Federal Register an appropriate 
        order which shall--
                    (A) terminate the withdrawal and reservation of such 
                lands under this subtitle;
                    (B) constitute official acceptance of full 
                jurisdiction over such lands by the Secretary of the 
                Interior; and
                    (C) state the date on which such lands will be 
                opened to the operation of some or all of the public 
                lands laws, including the mining laws.

SEC. 3018. DELEGATION.

    (a) Military Departments.--The functions of the Secretary of 
Defense, or of the Secretary of a military department, under this 
subtitle may be delegated.
    (b) Department of Interior.--The functions of the Secretary of the 
Interior under this subtitle may be delegated, except that an order 
described in section 3017(f)(2) may be approved and signed only by the 
Secretary of the Interior, the Under Secretary of the Interior, or an 
Assistant Secretary of the Interior.

SEC. 3019. WATER RIGHTS.

    Nothing in this subtitle shall be construed to establish a 
reservation to the United States with respect to any water or water 
right on lands covered by section 3011. No provision of this subtitle 
shall be construed as authorizing the appropriation of water on lands 
covered by section 3011 by the United States after the date of the 
enactment of this Act, except in accordance with the law

[[Page 113 STAT. 896]]

of the State in which such lands are located. This section shall not be 
construed to affect water rights acquired by the United States before 
the date of the enactment of this Act.

SEC. 3020. HUNTING, FISHING, AND TRAPPING.

    All hunting, fishing, and trapping on lands withdrawn by this 
subtitle shall be conducted in accordance with the provisions of section 
2671 of title 10, United States Code, except that hunting, fishing, and 
trapping within the Desert National Wildlife Refuge shall be conducted 
in accordance with the National Wildlife Refuge System Administration 
Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation Use of Wildlife 
Areas Act of 1969 (16 U.S.C. 460k et seq.), and other laws applicable to 
the National Wildlife Refuge System.

SEC. 3021. MINING AND MINERAL LEASING.

    (a) Determination of Lands Suitable for Opening.--
            (1) Determination.--As soon as practicable after the date of 
        the enactment of this Act and at least every five years 
        thereafter, the Secretary of the Interior shall determine, with 
        the concurrence of the Secretary of the military department 
        concerned, which public and acquired lands covered by section 
        3011 the Secretary of the Interior considers suitable for 
        opening to the operation of the Mining Law of 1872, the Mineral 
        Lands Leasing Act of 1920, the Mineral Leasing Act for Acquired 
        Lands of 1947, the Geothermal Steam Act of 1970, or any one or 
        more of such Acts.
            (2) Exceptions.--The Secretary of the Interior may not make 
        any determination otherwise required under paragraph (1) with 
        respect to lands contained within the Desert National Wildlife 
        Refuge in Nevada.
            (3) Notice.--The <<NOTE: Federal Register, 
        publication.>> Secretary of the Interior shall publish a notice 
        in the Federal Register listing the lands determined suitable 
        for opening under this subsection and specifying the opening 
        date for such lands.

    (b) Opening <<NOTE: Federal Register, publication.>> Lands.--On the 
date specified by the Secretary of the Interior in a notice published in 
the Federal Register under subsection (a), the land identified under 
that subsection as suitable for opening to the operation of one or more 
of the laws specified in that subsection shall automatically be open to 
the operation of such laws without the necessity for further action by 
the Secretary or Congress.

    (c) Exception for Common Varieties.--No deposit of minerals or 
materials of the types identified by section 3 of the Act of July 23, 
1955 (69 Stat. 367), whether or not included in the term ``common 
varieties'' in that Act, shall be subject to location under the Mining 
Law of 1872 on lands covered by section 3011.
    (d) Regulations.--The Secretary of the Interior, with the advice and 
concurrence of the Secretary of the military department concerned, shall 
prescribe such regulations to carry out this section as may be necessary 
to assure safe, uninterrupted, and unimpeded use of the lands covered by 
section 3011 for military purposes. Such regulations shall also contain 
guidelines to assist mining claimants in determining how much, if any, 
of the surface of any lands opened pursuant to this section may be used 
for purposes incident to mining.
    (e) Closure of Mining Lands.--In the event of a national emergency 
or for purposes of national defense or security, the

[[Page 113 STAT. 897]]

Secretary of the Interior, at the request of the Secretary of the 
military department concerned, shall close any lands that have been 
opened to mining or to mineral or geothermal leasing pursuant to this 
section.
    (f) Laws Governing Mining on Withdrawn Lands.--
            (1) In general.--Except as otherwise provided in this 
        subtitle, mining claims located pursuant to this subtitle shall 
        be subject to the provisions of the mining laws. In the event of 
        a conflict between such laws and this subtitle, this subtitle 
        shall prevail.
            (2) Regulation under flpma.--Any mining claim located under 
        this subtitle shall be subject to the provisions of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

    (g) Patents.--
            (1) In general.--Patents issued pursuant to this subtitle 
        for locatable minerals shall convey title to locatable minerals 
        only, together with the right to use so much of the surface as 
        may be necessary for purposes incident to mining under the 
        guidelines for such use established by the Secretary of the 
        Interior by regulation.
            (2) Reservation.--All patents referred to in paragraph (1) 
        shall contain a reservation to the United States of the surface 
        of all lands patented and of all nonlocatable minerals on such 
        lands.
            (3) Locatable minerals.--For purposes of this subsection, 
        all minerals subject to location under the Mining Law of 1872 
        are referred to as ``locatable minerals''.

SEC. 3022. USE OF MINERAL MATERIALS.

    Notwithstanding any other provision of this subtitle (except as 
provided in section 3011(b)(5)(B)), or the Act of July 31, 1947 
(commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.), 
the Secretary of the military department concerned may use sand, gravel, 
or similar mineral material resources of the type subject to disposition 
under that Act from lands withdrawn and reserved by this subtitle if use 
of such resources is required for construction needs on such lands.

SEC. 3023. IMMUNITY OF UNITED STATES.

    The United States and all departments or agencies thereof shall be 
held harmless and shall not be liable for any injuries or damages to 
persons or property suffered in the course of any mining or mineral or 
geothermal leasing activity conducted on lands covered by section 3011.

                   Subtitle B--Withdrawals in Arizona

SEC. 3031. BARRY M. GOLDWATER RANGE, ARIZONA.

    (a) Withdrawal and Reservation.--
            (1) Withdrawal.--Subject to valid existing rights and except 
        as otherwise provided in this title, all lands and interests in 
        lands within the boundaries established at the Barry M. 
        Goldwater Range, referred to in paragraph (3), are hereby 
        withdrawn from all forms of appropriation under the general land 
        laws, including the mining laws and the mineral leasing and 
        geothermal leasing laws, and jurisdiction over such lands

[[Page 113 STAT. 898]]

        and interests in lands is hereby transferred to the Secretary of 
        the Navy and the Secretary of the Air Force.
            (2) Reservation.--The lands withdrawn by paragraph (1) for 
        the Barry M. Goldwater Range--East are reserved for use by the 
        Secretary of the Air Force, and for the Barry M. Goldwater 
        Range--West are reserved for use by the Secretary of the Navy, 
        for--
                    (A) an armament and high-hazard testing area;
                    (B) training for aerial gunnery, rocketry, 
                electronic warfare, and tactical maneuvering and air 
                support;
                    (C) equipment and tactics development and testing; 
                and
                    (D) other defense-related purposes consistent with 
                the purposes specified in this paragraph.
            (3) Land description.--The public lands and interests in 
        lands withdrawn and reserved by this subsection comprise 
        approximately 1,650,200 acres of land in Maricopa, Pima, and 
        Yuma Counties, Arizona, as generally depicted on the map 
        entitled ``Barry M. Goldwater Range Land Withdrawal'', dated 
        June 17, 1999, and filed in accordance with section 3033.
            (4) Termination of current withdrawal.--Except as otherwise 
        provided in section 3032, as to the lands withdrawn by section 
        1(c) of the Military Lands Withdrawal Act of 1986 (Public Law 
        99-606), but not withdrawn for military purposes by this 
        section, the withdrawal of such lands under that Act shall not 
        terminate until after November 6, 2001, or until the 
        relinquishment by the Secretary of the Air Force of such lands 
        is accepted by the Secretary of the Interior. The withdrawal 
        under that Act with respect to the Cabeza Prieta National 
        Wildlife Refuge shall terminate on the date of the enactment of 
        this Act.
            (5) Changes in use.--The Secretary of the Navy and the 
        Secretary of the Air Force shall consult with the Secretary of 
        the Interior before using the lands withdrawn and reserved by 
        this section for any purpose other than the purposes specified 
        in paragraph (2).
            (6) Indian tribes.--Nothing in this section shall be 
        construed as altering any rights reserved for Indians by treaty 
        or Federal law.
            (7) Study.--(A) The Secretary of the Interior, in 
        coordination with the Secretary of Defense, shall conduct a 
        study of the lands referred to in subparagraph (C) that have 
        important aboriginal, cultural, environmental, or archaeological 
        significance in order to determine the appropriate method to 
        manage and protect such lands following relinquishment of such 
        lands by the Secretary of the Air Force. The study shall 
        consider whether such lands can be better managed by the Federal 
        Government or through conveyance of such lands to another 
        appropriate entity.
            (B) In carrying out the study required by subparagraph (A), 
        the Secretary of the Interior shall work with the affected 
        tribes and other Federal and State agencies having experience 
        and knowledge of the matters covered by the study, including all 
        applicable laws relating to the management of the resources 
        referred to in subparagraph (A) on the lands referred to in that 
        subparagraph.

[[Page 113 STAT. 899]]

            (C) The lands referred to in subparagraph (A) are four 
        tracts of land currently included within the military land 
        withdrawal for the Barry M. Goldwater Air Force Range in the 
        State of Arizona, but that have been identified by the Air Force 
        as unnecessary for military purposes in the Air Force's Draft 
        Legislative Environmental Impact Statement, dated September 
        1998, and are depicted in figure 2-1 at page 2-7 of such 
        statement, as amended by figure A at page 177 of volume 2 of the 
        Air Force's Final Legislative Environmental Impact Statement, 
        dated March 1999, as the following:
                    (i) Area 1 (the Sand Tank Mountains) containing 
                approximately 83,554 acres.
                    (ii) Area 9 (the Sentinel Plain) containing 
                approximately 24,756 acres.
                    (iii) Area 13 (lands surrounding the Ajo Airport) 
                containing approximately 2,779 acres.
                    (iv) Interstate 8 Vicinity Non-renewal Area 
                containing approximately 1,090 acres.
            (D) <<NOTE: Deadline.>> Not later than one year after the 
        date of the enactment of this Act, the Secretary of the Interior 
        shall submit to Congress a report containing the results of the 
        study required by subparagraph (A).

    (b) Management of Withdrawn and Reserved Lands.--
            (1) General management authority.--(A) During the period of 
        the withdrawal and reservation of lands by this section, the 
        Secretary of the Navy and the Secretary of the Air Force shall 
        manage the lands withdrawn and reserved by this section for the 
        military purposes specified in this section, and in accordance 
        with the integrated natural resource management plan prepared 
        pursuant to paragraph (3).
            (B) Responsibility for the natural and cultural resources 
        management of the lands referred to in subparagraph (A), and the 
        enforcement of Federal laws related thereto, shall not transfer 
        under that subparagraph before the earlier of--
                    (i) the date on which the integrated natural 
                resources management plan required by paragraph (3) is 
                completed; or
                    (ii) November 6, 2001.
            (C) The Secretary of the Interior may, if appropriate, 
        transfer responsibility for the natural and cultural resources 
        of the lands referred to in subparagraph (A) to the Department 
        of the Interior pursuant to paragraph (7).
            (2) Access restrictions.--(A) If the Secretary of the Navy 
        or the Secretary of the Air Force determines that military 
        operations, public safety, or national security require the 
        closure to the public of any road, trail, or other portion of 
        lands withdrawn and reserved by this section, the Secretary of 
        the Navy or the Secretary of the Air Force may take such action 
        as the Secretary of the Navy or the Secretary of the Air Force 
        determines necessary or desirable to effect and maintain such 
        closure.
            (B) Any closure under this paragraph shall be limited to the 
        minimum areas and periods that the Secretary of the Navy or the 
        Secretary of the Air Force determines are required for the 
        purposes specified in subparagraph (A).
            (C) Before any nonemergency closure under this paragraph not 
        specified in the integrated natural resources management

[[Page 113 STAT. 900]]

        plan required by paragraph (3), the Secretary of the Navy or the 
        Secretary of the Air Force shall consult with the Secretary of 
        the Interior and, where such closure may affect tribal lands, 
        treaty rights, or sacred sites, the Secretary of the Navy or the 
        Secretary of the Air Force shall consult, at the earliest 
        practicable time, with affected Indian tribes.
            (D) Immediately before and during any closure under this 
        paragraph, the Secretary of the Navy or the Secretary of the Air 
        Force shall post appropriate warning notices and take other 
        steps, as necessary, to notify the public of such closure. 
            (3) Integrated natural resources management plan.--
        (A) <<NOTE: Deadline.>> Not later than two years after the date 
        of the enactment of this Act, the Secretary of the Navy, the 
        Secretary of the Air Force, and the Secretary of the Interior 
        shall jointly prepare an integrated natural resources management 
        plan for the lands withdrawn and reserved by this section.
            (B) The Secretary of the Navy and the Secretary of the 
        Interior may jointly prepare a separate plan pursuant to this 
        paragraph.
            (C) Any disagreement concerning the contents of a plan under 
        this paragraph, or any subsequent amendments to the plan, shall 
        be resolved by the Secretary of the Navy for the West Range and 
        the Secretary of the Air Force for the East Range, after 
        consultation with the Secretary of the Interior through the 
        State Director, Bureau of Land Management and, as appropriate, 
        the Regional Director, United States Fish and Wildlife Service. 
        This authority may be delegated to the installation commanders.
            (D) Any plan under this paragraph shall be prepared and 
        implemented in accordance with the Sikes Act (16 U.S.C. 670 et 
        seq.) and the requirements of this section.
            (E) A plan under this paragraph for lands withdrawn and 
        reserved by this section shall--
                    (i) include provisions for proper management and 
                protection of the natural and cultural resources of such 
                lands, and for sustainable use by the public of such 
                resources to the extent consistent with the military 
                purposes for which such lands are withdrawn and reserved 
                by this section;
                    (ii) be developed in consultation with affected 
                Indian tribes and include provisions that address how 
                the Secretary of the Navy and the Secretary of the Air 
                Force intend to--
                          (I) meet the trust responsibilities of the 
                      United States with respect to Indian tribes, 
                      lands, and rights reserved by treaty or Federal 
                      law affected by the withdrawal and reservation;
                          (II) allow access to and ceremonial use of 
                      sacred sites to the extent consistent with the 
                      military purposes for which such lands are 
                      withdrawn and reserved; and
                          (III) provide for timely consultation with 
                      affected Indian tribes;
                    (iii) provide that any hunting, fishing, and 
                trapping on such lands be conducted in accordance with 
                the provisions of section 2671 of title 10, United 
                States Code;

[[Page 113 STAT. 901]]

                    (iv) provide for continued livestock grazing and 
                agricultural out-leasing where it currently exists in 
                accordance with the provisions of section 2667 of title 
                10, United States Code, and at the discretion of the 
                Secretary of the Navy or the Secretary of the Air Force, 
                as the case may be;
                    (v) identify current test and target impact areas 
                and related buffer or safety zones;
                    (vi) provide that the Secretary of the Navy and the 
                Secretary of the Air Force--
                          (I) shall take necessary actions to prevent, 
                      suppress, and manage brush and range fires 
                      occurring within the boundaries of the Barry M. 
                      Goldwater Range, as well as brush and range fires 
                      occurring outside the boundaries of the Barry M. 
                      Goldwater Range resulting from military 
                      activities; and
                          (II) may obligate funds appropriated or 
                      otherwise available to the Secretaries to enter 
                      into memoranda of understanding, and cooperative 
                      agreements that shall reimburse the Secretary of 
                      the Interior for costs incurred under this clause;
                    (vii) provide that all gates, fences, and barriers 
                constructed on such lands after the date of the 
                enactment of this Act be designed and erected to allow 
                wildlife access, to the extent practicable and 
                consistent with military security, safety, and sound 
                wildlife management use;
                    (viii) incorporate any existing management plans 
                pertaining to such lands, to the extent that the 
                Secretary of the Navy, the Secretary of the Air Force, 
                and the Secretary of the Interior, upon reviewing such 
                plans, mutually determine that incorporation of such 
                plans into a plan under this paragraph is appropriate;
                    (ix) include procedures to ensure that the periodic 
                reviews of the plan under the Sikes Act are conducted 
                jointly by the Secretary of the Navy, the Secretary of 
                the Air Force, and the Secretary of the Interior, and 
                that affected States and Indian tribes, and the public, 
                are provided a meaningful opportunity to comment upon 
                any substantial revisions to the plan that may be 
                proposed; and
                    (x) provide procedures to amend the plan as 
                necessary.
            (4) Memoranda of understanding and cooperative agreements.--
        (A) The Secretary of the Navy and the Secretary of the Air Force 
        may enter into memoranda of understanding or cooperative 
        agreements with the Secretary of the Interior or other 
        appropriate Federal, State, or local agencies, Indian tribes, or 
        other public or private organizations or institutions for 
        purposes of implementing an integrated natural resources 
        management plan prepared under paragraph (3).
            (B) Any memorandum of understanding or cooperative agreement 
        under subparagraph (A) affecting integrated natural resources 
        management may be combined, where appropriate, with any other 
        memorandum of understanding or cooperative agreement entered 
        into under this subtitle, and shall not be subject to the 
        provisions of chapter 63 of title 31, United States Code.

[[Page 113 STAT. 902]]

            (5) Public reports.--(A)(i) Concurrent with each review of 
        the integrated natural resources management plan under paragraph 
        (3) pursuant to subparagraph (E)(ix) of that paragraph, the 
        Secretary of the Navy, the Secretary of the Air Force, and the 
        Secretary of the Interior shall jointly prepare and issue a 
        report describing changes in the condition of the lands 
        withdrawn and reserved by this section from the later of the 
        date of any previous report under this paragraph or the date of 
        the environmental impact statement prepared to support this 
        section.
            (ii) Any report under clause (i) shall include a summary of 
        current military use of the lands referred to in that clause, 
        any changes in military use of the lands since the previous 
        report, and efforts related to the management of natural and 
        cultural resources and environmental remediation of the lands 
        during the previous five years.
            (iii) Any report under this subparagraph may be combined 
        with any report required by the Sikes Act.
            (iv) Any disagreements concerning the contents of a report 
        under this subparagraph shall be resolved by the Secretary of 
        the Navy and the Secretary of the Air Force. This authority may 
        be delegated to the installation commanders.
            (B)(i) Before the finalization of any report under this 
        paragraph, the Secretary of the Navy, the Secretary of the Air 
        Force, and the Secretary of the Interior shall invite interested 
        members of the public to review and comment on the report, and 
        shall hold at least one public meeting concerning the report in 
        a location or locations reasonably accessible to persons who may 
        be affected by management of the lands addressed by the report.
            (ii) <<NOTE: Federal Register, publication.>> Each public 
        meeting under clause (i) shall be announced not less than 15 
        days before the date of the meeting by advertisements in local 
        newspapers of general circulation, publication of an 
        announcement in the Federal Register, and any other means 
        considered necessary.
            (C) The final version of any report under this paragraph 
        shall be made available to the public and submitted to 
        appropriate committees of Congress.
            (6) Intergovernmental <<NOTE: Deadline.>> executive 
        committee.--(A) Not later than two years after the date of the 
        enactment of this Act, the Secretary of the Navy, the Secretary 
        of the Air Force, and the Secretary of the Interior shall, by 
        memorandum of understanding, establish an intergovernmental 
        executive committee comprised of selected representatives from 
        interested Federal agencies, as well as at least one elected 
        officer (or other authorized representative) from State 
        government and at least one elected officer (or other authorized 
        representative) from each local and tribal government as may be 
        designated at the discretion of the Secretary of the Navy, the 
        Secretary of the Air Force, and the Secretary of the Interior.
            (B) The intergovernmental executive committee shall be 
        established solely for the purpose of exchanging views, 
        information, and advice relating to the management of the 
        natural and cultural resources of the lands withdrawn and 
        reserved by this section.

[[Page 113 STAT. 903]]

            (C) The intergovernmental executive committee shall operate 
        in accordance with the terms set forth in the memorandum of 
        understanding under subparagraph (A), which shall specify the 
        Federal agencies and elected officers or representatives of 
        State, local, and tribal governments to be invited to 
        participate.
            (D) The memorandum of understanding under subparagraph (A) 
        shall establish procedures for creating a forum for exchanging 
        views, information, and advice relating to the management of 
        natural and cultural resources on the lands concerned, 
        procedures for rotating the chair of the intergovernmental 
        executive committee, and procedures for scheduling regular 
        meetings.
            (E) The Secretary of the Navy and the Secretary of 
        the Air Force shall, in consultation with the Secretary of the 
        Interior, appoint an individual to serve as coordinator of the 
        intergovernmental executive committee. The duties of the 
        coordinator shall be included in the memorandum of understanding 
        under subparagraph (A). The coordinator shall not be a member of 
        the committee.
            (7) Transfer of management responsibility.--(A)(i) If the 
        Secretary of the Interior determines that the Secretary of the 
        Navy or the Secretary of the Air Force has failed to manage 
        lands withdrawn and reserved by this section for military 
        purposes in accordance with the integrated natural resource 
        management plan for such lands under paragraph (3), and that 
        failure to do so is resulting in significant and verifiable 
        degradation of the natural or cultural resources of such lands, 
        the Secretary of the Interior shall give the Secretary of the 
        Navy or the Secretary of the Air Force, as the case may be, 
        written notice of such determination, a description of the 
        deficiencies in management practices by the Secretary of the 
        Navy or the Secretary of the Air Force, as the case may be, and 
        an explanation of the methodology employed in reaching the 
        determination.
            (ii) <<NOTE: Deadline.>> Not later than 60 days after the 
        date a notification under clause (i) is received, the Secretary 
        of the Navy or the Secretary of the Air Force, as the case may 
        be, shall submit a response to the Secretary of the Interior, 
        which response may include a plan of action for addressing any 
        deficiencies identified in the notice in the conduct of 
        management responsibility and for preventing further significant 
        degradation of the natural or cultural resources of the lands 
        concerned.
            (iii) If, not earlier than three months after the date a 
        notification under clause (i) is received, the Secretary of the 
        Interior determines that deficiencies identified in the notice 
        are not being corrected, and that significant and verifiable 
        degradation of the natural or cultural resources of the lands 
        concerned is continuing, the Secretary of the Interior may, not 
        earlier than 90 days after the date on which the Secretary of 
        the Interior submits to the committees referred to in section 
        3032(d)(3) notice and a report on the determination, transfer 
        management responsibility for the natural and cultural resources 
        of such lands from the Secretary of the Navy or the Secretary of 
        the Air Force, as the case may be, to the Secretary of the 
        Interior in accordance with a schedule for such transfer 
        established by the Secretary of the Interior.

[[Page 113 STAT. 904]]

            (B) After a transfer of management responsibility pursuant 
        to subparagraph (A), the Secretary of the Interior may transfer 
        management responsibility back to the Secretary of the Navy or 
        the Secretary of the Air Force if the Secretary of the Interior 
        determines that adequate procedures and plans have been 
        established to ensure that the lands concerned will be 
        adequately managed by the Secretary of the Navy or the Secretary 
        of the Air Force, as the case may be, in accordance with the 
        integrated natural resources management plan for such lands 
        under paragraph (3).
            (C) For any period during which the Secretary of the 
        Interior has management responsibility under this paragraph for 
        lands withdrawn and reserved by this section, the integrated 
        natural resources management plan for such lands under paragraph 
        (3), including any amendments to the plan, shall remain in 
        effect, pending the development of a management plan prepared 
        pursuant to the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1701 et seq.), in cooperation with the Secretary of 
        the Navy or the Secretary of the Air Force.
            (D) Assumption by the Secretary of the Interior pursuant to 
        this paragraph of management responsibility for the natural and 
        cultural resources of lands shall not affect the use of such 
        lands for military purposes, and the Secretary of the Navy or 
        the Secretary of the Air Force, as the case may be, shall 
        continue to direct military activities on such lands.
            (8) Payment for services.--The Secretary of the Navy and the 
        Secretary of the Air Force shall assume all costs for 
        implementation of an integrated natural resources management 
        plan under paragraph (3), including payment to the Secretary of 
        the Interior under section 1535 of title 31, United States Code, 
        for any costs the Secretary of the Interior incurs in providing 
        goods or services to assist the Secretary of the Navy or the 
        Secretary of the Air Force, as the case may be, in the 
        implementation of the integrated natural resources management 
        plan.
            (9) Definitions.--In this subsection:
                    (A) The term ``Indian tribe'' means an Indian or 
                Alaska Native tribe, band, nation, pueblo, village, or 
                community that the Secretary of the Interior 
                acknowledges to exist as an Indian tribe pursuant to the 
                Federally Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 479 et seq.).
                    (B) The term ``sacred site'' means any specific, 
                discrete, narrowly delineated location on Federal land 
                that is identified by an Indian tribe, or its designee, 
                as sacred by virtue of its established religious 
                significance to, or ceremonial use by, an Indian 
                religion, but only to the extent that the tribe or its 
                designee, has informed the Secretary of the Navy or the 
                Secretary of the Air Force of the existence of such 
                site. Neither the Secretary of the Department of 
                Defense, the Secretary of the Navy, the Secretary of the 
                Air Force, nor the Secretary of the Interior shall be 
                required under section 552 of title 5, United States 
                Code, to make available to the public any information 
                concerning the location, character, or use of any 
                traditional Indian religious or sacred site located on 
                lands withdrawn and reserved by this subsection.

    (c) Environmental Requirements.--

[[Page 113 STAT. 905]]

            (1) During withdrawal and reservation.--Throughout the 
        duration of the withdrawal and reservation of lands by this 
        section, including the duration of any renewal or extension, and 
        with respect both to the activities undertaken by the Secretary 
        of the Navy and the Secretary of the Air Force on such lands and 
        to all activities occurring on such lands during such times as 
        the Secretary of the Navy and the Secretary of the Air Force may 
        exercise management jurisdiction over such lands, the Secretary 
        of the Navy and the Secretary of the Air Force shall--
                    (A) be responsible for and pay all costs related to 
                the compliance of the Department of the Navy or the 
                Department of the Air Force, as the case may be, with 
                applicable Federal, State, and local environmental laws, 
                regulations, rules, and standards;
                    (B) carry out and maintain in accordance with the 
                requirements of all regulations, rules, and standards 
                issued by the Department of Defense pursuant to chapter 
                160 of title 10, United States Code, relating to the 
                Defense Environmental Restoration Program, the joint 
                board on ammunition storage established under section 
                172 of that title, and Executive Order No. 12580, a 
                program to address--
                          (i) any release or substantial threat of 
                      release attributable to military munitions 
                      (including unex-
                      ploded ordnance) and other constituents; and
                          (ii) any release or substantial threat of 
                      release, regardless of its source, occurring on or 
                      emanating from such lands during the period of 
                      withdrawal and reservation; and
                    (C) provide to the Secretary of the Interior a copy 
                of any report prepared by the Secretary of the Navy or 
                the Secretary of the Air Force, as the case may be, 
                pursuant to any Federal, State, or local environmental 
                law, regulation, rule, or standard.
            (2) Before relinquishment or termination.--
                    (A) Environmental review.--(i) Upon notifying the 
                Secretary of the Interior that the Secretary of the Navy 
                or the Secretary of the Air Force intends, pursuant to 
                subsection (f), to relinquish jurisdiction over lands 
                withdrawn and reserved by this section, the Secretary of 
                the Navy or the Secretary of the Air Force shall provide 
                to the Secretary of the Interior an environmental 
                baseline survey, military range assessment, or other 
                environmental review characterizing the environmental 
                condition of the land, air, and water resources affected 
                by the activities undertaken by the Secretary of the 
                Navy or the Secretary of the Air Force, as the case may 
                be, on and over such lands.
                    (ii) If hazardous substances were stored for one 
                year or more, known to have been released or disposed 
                of, or if a substantial threat of release exists, on 
                lands referred to in clause (i), any environmental 
                review under that clause shall include notice of the 
                type and quantity of such hazardous substances and 
                notice of the time during which such storage, release, 
                substantial threat of release, or disposal took place.

[[Page 113 STAT. 906]]

                    (B) Memorandum of understanding.--(i) In addition to 
                any other requirements under this section, the Secretary 
                of the Navy, the Secretary of the Air Force, and the 
                Secretary of the Interior may enter into a memorandum of 
                understanding to implement the environmental remediation 
                requirements of this section.
                    (ii) The memorandum of understanding under clause 
                (i) may include appropriate, technically feasible, and 
                mutually acceptable cleanup standards that the concerned 
                Secretaries believe environmental remediation activities 
                shall achieve and a schedule for completing cleanup 
                activities to meet such standards.
                    (iii) Cleanup standards under clause (ii) shall be 
                consistent with any legally applicable or relevant and 
                appropriate standard, requirement, criteria, or 
                limitation otherwise required by law.
                    (C) Environmental remediation.--With respect to 
                lands to be relinquished pursuant to subsection (f), the 
                Secretary of the Navy or the Secretary of the Air Force 
                shall take all actions necessary to address any release 
                or substantial threat of release, regardless of its 
                source, occurring on or emanating from such lands during 
                the period of withdrawal and reservation under this 
                section. To the extent practicable, all such response 
                actions shall be taken before the termination of the 
                withdrawal and reservation of such lands under this 
                section.
                    (D) Consultation.--If the Secretary of the Interior 
                accepts the relinquishment of jurisdiction over any 
                lands withdrawn and reserved by this section before all 
                necessary response actions under this section have been 
                completed, the Secretary of the Interior shall consult 
                with the Secretary of the Navy or the Secretary of the 
                Air Force, as the case may be, before undertaking or 
                authorizing any activities on such lands that may affect 
                existing releases, interfere with the installation, 
                maintenance, or operation of any response action, or 
                expose any person to a safety or health risk associated 
                with either the releases or the response action being 
                undertaken.
            (3) Responsibility and liability.--(A) The Secretary of the 
        Navy and the Secretary of the Air Force, and not the Secretary 
        of the Interior, shall be responsible for and conduct the 
        necessary remediation of all releases or substantial threats of 
        release, whether located on or emanating from lands withdrawn 
        and reserved by this section, and whether known at the time of 
        relinquishment or termination or subsequently discovered, 
        attributable to management of the lands withdrawn and reserved 
        by this section by the Secretary of the Navy or the Secretary of 
        the Air Force, as the case may be, or the use, management, 
        storage, release, treatment, or disposal of hazardous materials, 
        hazardous substances, hazardous wastes, pollutants, 
        contaminants, petroleum products and their derivatives, military 
        munitions, or other constituents on such lands by the Secretary 
        of the Navy or the Secretary of the Air Force, as the case may 
        be.
            (B) Responsibility under subparagraph (A) shall include 
        liability for any costs or claims asserted against the United 
        States for activities referred to in that subparagraph.

[[Page 113 STAT. 907]]

            (C) Nothing in this paragraph is intended to prevent the 
        United States from bringing a cost recovery, contribution, or 
        other action against third persons or parties the Secretary of 
        the Navy or the Secretary of the Air Force reasonably believes 
        may have contributed to a release or substantial threat of 
        release.
            (4) Other federal agencies.--If the Secretary of the Navy or 
        the Secretary of the Air Force delegates responsibility or 
        jurisdiction to another Federal agency over, or permits another 
        Federal agency to operate on, lands withdrawn and reserved by 
        this section, the agency shall assume all responsibility and 
        liability described in paragraph (3) for their activities with 
        respect to such lands.
            (5) Definitions.--In this subsection:
                    (A)(i) The term ``military munitions''--
                          (I) means all ammunition products and 
                      components produced or used by or for the 
                      Department of Defense or the Armed Services for 
                      national defense and security, including military 
                      munitions under the control of the Department of 
                      Defense, the Coast Guard, the Department of 
                      Energy, and National Guard personnel;
                          (II) includes confined gaseous, liquid, and 
                      solid propellants, explosives, pyrotechnics, 
                      chemical and riot control agents, smokes, and 
                      incendiaries used by and for Department of Defense 
                      components, including bulk explosives and chemical 
                      warfare agents, chemical munitions, rockets, 
                      guided and ballistic missiles, bombs, warheads, 
                      mortar rounds, artillery ammunition, small arms 
                      ammunition, grenades, mines, 
                      torpedoes, depth charges, cluster munitions and 
                      dispensers, demolition charges, and devices and 
                      components thereof; and
                          (III) includes nonnuclear components of 
                      nuclear devices managed under the nuclear weapons 
                      program of the Department of Energy after all 
                      required sanitization operations under the Atomic 
                      Energy Act of 1954 (42 U.S.C. 2011 et seq.) have 
                      been completed.
                    (ii) The term does not include wholly inert items, 
                improvised explosive devices, and nuclear weapons, 
                nuclear devices, and nuclear components thereof.
                    (B) The term ``unexploded ordnance'' means military 
                munitions that have been primed, fused, armed, or 
                otherwise prepared for action, and have been fired, 
                dropped, launched, projected, or placed in such a manner 
                as to constitute a hazard or potential hazard, to 
                operations, installation, personnel, or material, and 
                remain unexploded either by malfunction, design, or 
                other cause.
                    (C) The term ``other constituents'' means 
                potentially hazardous compounds, mixtures, or elements 
                that are released from military munitions or unexploded 
                ordnance or result from other activities on military 
                ranges.

    (d) Duration of Withdrawal and Reservations.--
            (1) In general.--Unless extended pursuant to subsection (e), 
        the withdrawal and reservation of lands by this section shall 
        terminate 25 years after the date of the enactment of this Act, 
        except as otherwise provided in subsection (f)(4).

[[Page 113 STAT. 908]]

            (2) Opening.--On the date of the termination of the 
        withdrawal and reservation of lands by this section, such lands 
        shall not be open to any form of appropriation under the general 
        land laws, including the mining laws and the mineral leasing and 
        geothermal leasing laws, until the Secretary of the Interior 
        publishes in the Federal Register an appropriate order stating 
        the date upon which such lands shall be restored to the public 
        domain and opened.

    (e) Extension of Initial Withdrawal and Reservation.--
            (1) In general.--Not later than three years before the 
        termination date of the initial withdrawal and reservation of 
        lands by this section, the Secretary of the Navy and the 
        Secretary of the Air Force shall notify Congress and the 
        Secretary of the Interior concerning whether the Navy or Air 
        Force, as the case may be, will have a continuing military need, 
        after such termination date, for all or any portion of such 
        lands.
            (2) Duties regarding continuing military need.--(A) If the 
        Secretary of the Navy or the Secretary of the Air Force 
        determines that there will be a continuing military need for any 
        lands withdrawn by this section, the Secretary of the Navy or 
        the Secretary of the Air Force, as the case may be, shall--
                    (i) consult with the Secretary of the Interior 
                concerning any adjustments to be made to the extent of, 
                or to the allocation of management responsibility for, 
                such lands; and
                    (ii) file with the Secretary of the Interior, not 
                later than one year after the notice required by 
                paragraph (1), an application for extension of the 
                withdrawal and reservation of such lands.
            (B) The general procedures of the Department of the Interior 
        for processing Federal Land withdrawals notwithstanding, any 
        application for extension under this paragraph shall be 
        considered complete if it includes the following:
                    (i) The information required by section 3 of the 
                Engle Act (43 U.S.C. 157), except that no information 
                shall be required concerning the use or development of 
                mineral, timber, or grazing resources unless, and to the 
                extent, the Secretary of the Navy or the Secretary of 
                the Air Force proposes to use or develop such resources 
                during the period of extension.
                    (ii) A copy of the most recent public report 
                prepared in accordance with subsection (b)(5).
            (3) Legislative <<NOTE: Deadline.>> proposals.--The 
        Secretary of the Interior, the Secretary of the Navy, and the 
        Secretary of the Air Force shall ensure that any legislative 
        proposal for the extension of the withdrawal and reservation of 
        lands under this section is submitted to Congress not later than 
        May 1 of the year preceding the year in which the existing 
        withdrawal and reservation would otherwise terminate under this 
        section.

    (f) Termination and Relinquishment.--
            (1) Notice <<NOTE: Deadline.>> of intent to relinquish.--At 
        any time during the withdrawal and reservation of lands under 
        this section, but not later than three years before the 
        termination of the withdrawal and reservation, if the Secretary 
        of the Navy or the Secretary of the Air Force determines that 
        there is no

[[Page 113 STAT. 909]]

        continuing military need for lands withdrawn and reserved by 
        this section, or any portion of such lands, the Secretary of the 
        Navy or the Secretary of the Air Force, as the case may be, 
        shall notify the Secretary of the Interior of an intent to 
        relinquish jurisdiction over such lands, which notice shall 
        specify the proposed date of relinquishment.
            (2) Authority to accept relinquishment.--The Secretary of 
        the Interior may accept jurisdiction over any lands covered by a 
        notice of intent to relinquish jurisdiction under this 
        subsection if the Secretary of the Interior determines that the 
        Secretary of the Navy or the Secretary of the Air Force has 
        taken the environmental response actions required under this 
        section.
            (3) Order.--If <<NOTE: Federal Register, publication.>> the 
        Secretary of the Interior accepts jurisdiction over lands 
        covered by a notice of intent to relinquish jurisdiction under 
        this subsection before the termination date of the withdrawal 
        and reservation of such lands under this section, the Secretary 
        of the Interior shall publish in the Federal Register an 
        appropriate order that shall--
                    (A) terminate the withdrawal and reservation of such 
                lands under this section;
                    (B) constitute official acceptance of administrative 
                jurisdiction over such lands by the Secretary of the 
                Interior; and
                    (C) state the date upon which such lands shall be 
                opened to the operation of the general land laws, 
                including the mining laws and the mineral leasing and 
                geothermal leasing laws, if appropriate.
            (4) Jurisdiction pending relinquishment.--(A) 
        Notwithstanding the termination date, unless and until the 
        Secretary of the Interior accepts jurisdiction of land proposed 
        for relinquishment under this subsection, or until the 
        Administrator of General Services accepts jurisdiction of such 
        lands under the Federal Property and Administrative Services Act 
        of 1949 (40 U.S.C. 251 et seq.), such lands shall remain under 
        the jurisdiction of the Secretary of the Navy or the Secretary 
        of the Air Force, as the case may be, for the limited purposes 
        of--
                    (i) environmental response actions under this 
                section; and
                    (ii) continued land management responsibilities 
                pursuant to the integrated natural resources management 
                plan for such lands under subsection (b)(3).
            (B) For any land that the Secretary of the Interior 
        determines to be suitable for return to the public domain, but 
        does not agree with the Secretary of the Navy or the Secretary 
        of the Air Force that all necessary environmental response 
        actions under this section have been taken, the Secretary of the 
        Navy or the Secretary of the Air Force, as the case may be, and 
        the Secretary of the Interior shall resolve the dispute in 
        accordance with any applicable dispute resolution process.
            (C) For any land that the Secretary of the Interior 
        determines to be unsuitable for return to the public domain, the 
        Secretary of the Interior shall immediately notify the 
        Administrator of General Services.
            (5) Scope of functions.--All functions described under this 
        subsection, including transfers, relinquishes, extensions,

[[Page 113 STAT. 910]]

        and other determinations, may be made on a parcel-by-parcel 
        basis.

    (g) Delegations of Functions.--The functions of the Secretary of the 
Interior under this section may be delegated, except that the following 
determinations and decisions may be approved and signed only by the 
Secretary of the Interior, the Deputy Secretary of the Interior, an 
Assistant Secretary of the Interior, or the Director, Bureau of Land 
Management:
            (1) Decisions to accept transfer, relinquishment, or 
        jurisdiction of lands under this section and to open such lands 
        to operation of the public land laws.
            (2) Decisions to transfer management responsibility from or 
        to a military department pursuant to subsection (b)(7).
SEC. 3032. MILITARY USE OF CABEZA PRIETA NATIONAL WILDLIFE REFUGE 
                          AND CABEZA PRIETA WILDERNESS.

    (a) Findings.--Congress makes the following findings:
            (1) The historic use of the areas designated as the Cabeza 
        Prieta National Wildlife Refuge and the Cabeza Prieta Wilderness 
        by the Marine Corps and the Air Force has been integral to the 
        effective operation of the Barry M. Goldwater Air Force Range.
            (2) Continued use of the Cabeza Prieta National Wildlife 
        Refuge and Cabeza Prieta Wilderness by the Marine Corps and the 
        Air Force to support military aviation training will remain 
        necessary to ensure the readiness of the Armed Forces.
            (3) The historic use of the Cabeza Prieta National Wildlife 
        Refuge and Cabeza Prieta Wilderness by the Marine Corps and the 
        Air Force has coexisted for many years with the wildlife 
        conservation and wilderness purposes for which the refuge and 
        wilderness were established.
            (4) The designation of the Cabeza Prieta National Wildlife 
        Refuge and the Cabeza Prieta Wilderness recognizes the area as 
        one of our nation's most ecologically and culturally valuable 
        areas.

    (b) Management and Use of Refuge and Wilderness.--
            (1) In general.--The Secretary of the Interior, in 
        coordination with the Secretary of the Navy and the Secretary of 
        the Air Force, shall manage the Cabeza Prieta National Wildlife 
        Refuge and Cabeza Prieta Wilderness--
                    (A) for the purposes for which the refuge and 
                wilderness were established; and
                    (B) to support current and future military aviation 
                training needs consistent with the November 21, 1994, 
                memorandum of understanding among the Department of the 
                Interior, the Department of the Navy, and the Department 
                of the Air Force, including any extension or other 
                amendment of such memorandum of understanding under this 
                section.
            (2) Construction.--Except as otherwise provided in this 
        section, nothing in this subtitle shall be construed to effect 
        the following:
                    (A) The National Wildlife Refuge System 
                Administration Act of 1966 (16 U.S.C. 668dd et seq.) or 
                any other law related to management of the National 
                Wildlife Refuge System.

[[Page 113 STAT. 911]]

                    (B) Any Executive order or public land order in 
                effect on the date of the enactment of this Act with 
                respect to the Cabeza Prieta National Wildlife Refuge.

    (c) Extension of Memorandum of Understanding.--The Secretary of the 
Interior, the Secretary of the Navy, and the Secretary of the Air Force 
shall extend the memorandum of understanding referred to in subsection 
(b)(1)(B). The memorandum of understanding shall be extended for a 
period that coincides with the duration of the withdrawal and 
reservation of the Barry M. Goldwater Air Force Range made by section 
3031.
    (d) Other Amendments of Memorandum of Understanding.--
            (1) Amendments to meet military aviation training needs.--
        (A) When determined by the Secretary of the Navy or the 
        Secretary of the Air Force to be essential to support military 
        aviation training, the Secretary of the Navy, the Secretary of 
        the Air Force, and the Secretary of the Interior shall negotiate 
        amendments to the memorandum of understanding referred to in 
        subsection (b)(1)(B) in order--
                    (i) to revise existing or establish new low-level 
                training routes or to otherwise accommodate low-level 
                overflight;
                    (ii) to establish new or enlarged areas closed to 
                public use as surface safety zones; or
                    (iii) to accommodate the maintenance, upgrade, 
                replacement, or installation of existing or new 
                associated ground instrumentation.
            (B) Any amendment of the memorandum of understanding shall 
        be consistent with the responsibilities under law of the 
        Secretary of the Navy, the Secretary of the Air Force, and the 
        Secretary of the Interior, respectively.
            (C) As provided by the existing provisions of the National 
        Wildlife Refuge System Improvement Act of 1997 (Public Law 105-
        57) and the Arizona Desert Wilderness Act of 1990 (Public Law 
        101-628), amendments to the memorandum of understanding to 
        revise existing or establish new low-level training routes or to 
        otherwise accommodate low-level overflight are not subject to 
        compatibility determinations nor precluded by the designation of 
        lands within the Cabeza Prieta National Wildlife Refuge as 
        wilderness.
            (D) Amendments to the memorandum of understanding with 
        respect to the upgrade or replacement of existing associated 
        ground instrumentation or the installation of new associated 
        ground instrumentation shall not be precluded by the existing 
        designation of lands within the Cabeza Prieta National Wildlife 
        Refuge as wilderness to the extent that the Secretary of the 
        Interior, after consultation with the Secretary of the Navy and 
        the Secretary of the Air Force, determines that such actions, 
        considered both individually and cumulatively, create similar or 
        less impact than the existing ground instrumentation permitted 
        by the Arizona Desert Wilderness Act of 1990.
            (2) Other amendments.--The Secretary of the Interior, the 
        Secretary of the Navy, or the Secretary of the Air Force may 
        initiate renegotiation of the memorandum of understanding at any 
        time to address other needed changes, and the memorandum of 
        understanding may be amended to

[[Page 113 STAT. 912]]

        accommodate such changes by the mutual consent of the parties 
        consistent with their respective responsibilities under law.
            (3) Effective date of amendments.--Amendments to the 
        memorandum of understanding shall take effect 90 days after the 
        date on which the Secretary of the Interior submits notice of 
        such amendments to the Committees on Environment and Public 
        Works, Energy and Natural Resources, and Armed Services of the 
        Senate and the Committees on Resources and Armed Services of the 
        House of Representatives.

    (e) Access Restrictions.--If the Secretary of the Navy or the 
Secretary of the Air Force determines that military operations, public 
safety, or national security require the closure to the public of any 
road, trail, or other portion of the Cabeza Prieta National Wildlife 
Refuge or the Cabeza Prieta Wilderness, the Secretary of the Interior 
shall take such action as is determined necessary or desirable to effect 
and maintain such closure, including agreeing to amend the memorandum of 
understanding to establish new or enhanced surface safety zones.
    (f) Status of Contaminated Lands.--
            (1) Decontamination.--Throughout the duration of the 
        withdrawal of the Barry M. Goldwater Range under section 3031, 
        the Secretary of the Navy and the Secretary of the Air Force 
        shall, to the extent that funds are made available for such 
        purpose, carry out a program of decontamination of the portion 
        of the Cabeza Prieta National Wildlife Refuge and the Cabeza 
        Prieta Wilderness used for military training purposes that 
        maintains a level of cleanup of such lands equivalent to the 
        level of cleanup of such lands as of the date of the enactment 
        of this Act. Any environmental contamination of the Cabeza 
        Prieta National Wildlife Refuge or the Cabeza Prieta Wilderness 
        caused or contributed to by the Department of the Navy or the 
        Department of the Air Force shall be the responsibility of the 
        Department of the Navy or the Department of the Air Force, 
        respectively, and not the responsibility of the Department of 
        the Interior.
            (2) Construction.--Nothing in this subsection shall be 
        construed as constituting or effecting a relinquishment within 
        the meaning of section 8 of the Military Lands Withdrawal Act of 
        1986 (Public Law 99-606).

SEC. 3033. MAPS AND LEGAL DESCRIPTION.

    (a) Publication and Filing.--As soon as practicable after the date 
of the enactment of this Act, the Secretary of the Interior shall--
            (1) <<NOTE: Federal Register, publication.>> publish in the 
        Federal Register a notice containing the legal description of 
        the lands withdrawn and reserved by this subtitle; and
            (2) file maps and the legal description of the lands 
        withdrawn and reserved by this subtitle with the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives.

    (b) Technical Corrections.--Such maps and legal description shall 
have the same force and effect as if included in this subtitle, except 
that the Secretary of the Interior may correct clerical and 
typographical errors in such maps and legal description.
    (c) Availability for Public Inspection.--Copies of such maps and 
legal descriptions shall be available for public inspection in

[[Page 113 STAT. 913]]

the offices of the Director and appropriate State Directors and field 
office managers of the Bureau of Land Management, the office of the 
commander, Luke Air Force Base, Arizona, the office of the commander, 
Marine Corps Air Station, Yuma, Arizona, and the Office of the Secretary 
of Defense.
    (d) Reimbursement.--The Secretary of Defense shall reimburse the 
Secretary of the Interior for any costs incurred by the Secretary of the 
Interior in implementing this section.
    (e) Delegations.--
            (1) Military departments.--The functions of the Secretary of 
        Defense, or of the Secretary of a military department, under 
        this section may be delegated.
            (2) Department of interior.--The functions of the Secretary 
        of the Interior under this section may be delegated.

SEC. 3034. WATER RIGHTS.

    Nothing in this subtitle shall be construed to establish a 
reservation to the United States with respect to any water or water 
right on lands covered by section 3031 or 3032. No provision of this 
subtitle shall be construed as authorizing the appropriation of water on 
lands covered by section 3031 or 3032 by the United States after the 
date of the enactment of this Act, except in accordance with the law of 
the State in which such lands are located. This section shall not be 
construed to affect water rights acquired by the United States before 
the date of the enactment of this Act.

SEC. 3035. HUNTING, FISHING, AND TRAPPING.

    All hunting, fishing, and trapping on lands withdrawn by this 
subtitle shall be conducted in accordance with the provisions of section 
2671 of title 10, United States Code, except that hunting, fishing, and 
trapping within the Cabeza Prieta National Wildlife Refuge shall be 
conducted in accordance with the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation Use 
of Wildlife Areas Act of 1969 (16 U.S.C. 460k et seq.), and other laws 
applicable to the National Wildlife Refuge System.

SEC. 3036. USE OF MINERAL MATERIALS.

    Notwithstanding any other provision of this subtitle or the Act of 
July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 
601 et seq.), the Secretary of the military department concerned may use 
sand, gravel, or similar mineral material resources of the type subject 
to disposition under that Act from lands withdrawn and reserved by this 
subtitle if use of such resources is required for construction needs on 
such lands.

SEC. 3037. IMMUNITY OF UNITED STATES.

    The United States and all departments or agencies thereof shall be 
held harmless and shall not be liable for any injuries or damages to 
persons or property suffered in the course of any mining or mineral or 
geothermal leasing activity conducted on lands covered by section 3031.

[[Page 113 STAT. 914]]

               Subtitle C--Authorization of Appropriations

SEC. 3041. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this title.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.

                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
                      activities.
Sec. 3127. Funds available for all national security programs of the 
                      Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.

    Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Prohibition on use of funds for certain activities under 
                      formerly utilized site remedial action program.
Sec. 3132. Continuation of processing, treatment, and disposition of 
                      legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Procedures for meeting tritium production requirements.
Sec. 3135. Independent cost estimate of accelerator production of 
                      tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Sec. 3137. Support of theater ballistic missile defense activities of 
                      the Department of Defense.

       Subtitle D--Matters Relating to Safeguards, Security, and 
                           Counterintelligence

Sec. 3141. Short title.
Sec. 3142. Commission on Safeguards, Security, and Counterintelligence 
                      at Department of Energy facilities.
Sec. 3143. Background investigations of certain personnel at Department 
                      of Energy facilities.
Sec. 3144. Conduct of security clearances.
Sec. 3145. Protection of classified information during laboratory-to-
                      laboratory exchanges.
Sec. 3146. Restrictions on access to national laboratories by foreign 
                      visitors from sensitive countries.
Sec. 3147. Department of Energy regulations relating to the safeguarding 
                      and security of Restricted Data.
Sec. 3148. Increased penalties for misuse of Restricted Data.
Sec. 3149. Supplement to plan for declassification of Restricted Data 
                      and formerly Restricted Data.

[[Page 113 STAT. 915]]

Sec. 3150. Notice to congressional committees of certain security and 
                      counterintelligence failures within nuclear energy 
                      defense programs.
Sec. 3151. Annual report by the President on espionage by the People's 
                      Republic of China.
Sec. 3152. Report on counterintelligence and security practices at 
                      national laboratories.
Sec. 3153. Report on security vulnerabilities of national laboratory 
                      computers.
Sec. 3154. Counterintelligence polygraph program.
Sec. 3155. Definitions of national laboratory and nuclear weapons 
                      production facility.
Sec. 3156. Definition of Restricted Data.

                Subtitle E--Matters Relating to Personnel

Sec. 3161. Extension of authority of Department of Energy to pay 
                      voluntary separation incentive payments.
Sec. 3162. Fellowship program for development of skills critical to the 
                      Department of Energy nuclear weapons complex.
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of 
                      Defense and Department of Energy.
Sec. 3164. Whistleblower protection program.

                        Subtitle F--Other Matters

Sec. 3171. Requirement for plan to improve reprogramming processes.
Sec. 3172. Integrated fissile materials management plan.
Sec. 3173. Identification in budget materials of amounts for 
                      declassification activities and limitation on 
                      expenditures for such activities.
Sec. 3174. Sense of Congress regarding technology transfer coordination 
                      for Department of Energy national laboratories.
Sec. 3175. Pilot program for project management oversight regarding 
                      Department of Energy construction projects.
Sec. 3176. Pilot program of Department of Energy to authorize use of 
                      prior year unobligated balances for accelerated 
                      site cleanup at Rocky Flats Environmental 
                      Technology Site, Colorado.
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats 
                      Environmental Technology Site, Colorado, to Waste 
                      Isolation Pilot Plant, New Mexico.
Sec. 3178. Comptroller General report on closure of Rocky Flats 
                      Environmental Technology Site, Colorado.
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New 
                      Mexico.

          Subtitle A--National Security Programs Authorizations

SEC. 3101. WEAPONS ACTIVITIES.

    (a) In General.--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 
$4,489,995,000, 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 
        $2,252,300,000, to be allocated as follows:
                    (A) For core stockpile stewardship, $1,743,500,000, 
                to be allocated as follows:
                          (i) For operation and maintenance, 
                      $1,610,355,000.
                          (ii) For plant projects (including 
                      maintenance, restoration, planning, construction, 
                      acquisition, modification of facilities, and the 
                      continuation of projects authorized in prior 
                      years, and land acquisition related thereto), 
                      $133,145,000, to be allocated as follows:
                                    Project 00-D-103, terascale 
                                simulation facility, Lawrence Livermore 
                                National Laboratory, Livermore, 
                                California, $8,000,000.

[[Page 113 STAT. 916]]

                                    Project 00-D-105, strategic 
                                computing complex, Los Alamos National 
                                Laboratory, Los Alamos, New Mexico, 
                                $26,000,000.
                                    Project 00-D-107, joint 
                                computational engineering laboratory, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $1,800,000.
                                    Project 99-D-102, rehabilitation of 
                                maintenance facility, Lawrence Livermore 
                                National Laboratory, Livermore, 
                                California, $3,900,000.
                                    Project 99-D-103, isotope sciences 
                                facilities, Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $2,000,000.
                                    Project 99-D-104, protection of real 
                                property (roof reconstruction, Phase 
                                II), Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $2,400,000.
                                    Project 99-D-105, central health 
                                physics calibration facility, Los Alamos 
                                National Laboratory, Los Alamos, New 
                                Mexico, $1,000,000.
                                    Project 99-D-106, model validation 
                                and system certification test center, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $6,500,000.
                                    Project 99-D-108, renovate existing 
                                roadways, Nevada Test Site, Nevada, 
                                $7,005,000.
                                    Project 97-D-102, dual-axis 
                                radiographic hydrotest facility, Los 
                                Alamos National Laboratory, Los Alamos, 
                                New Mexico, $61,000,000.
                                    Project 96-D-102, stockpile 
                                stewardship facilities revitalization, 
                                Phase VI, various locations, $2,640,000.
                                    Project 96-D-104, processing and 
                                environmental technology laboratory, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $10,900,000.
                    (B) For inertial fusion, $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, 
                $33,100,000, of which $14,500,000 shall be allocated for 
                technology partnership and $18,600,000 shall be 
                allocated for education.
            (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 
        $2,023,300,000, to be allocated as follows:
                    (A) For operation and maintenance, $1,864,621,000.

[[Page 113 STAT. 917]]

                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land acquisition 
                related thereto), $158,679,000, to be allocated as 
                follows:
                          Project 99-D-122, rapid reactivation, various 
                      locations, $11,700,000.
                          Project 99-D-127, stockpile management 
                      restructuring initiative, Kansas City Plant, 
                      Kansas City, Missouri, $17,000,000.
                          Project 99-D-128, stockpile management 
                      restructuring initiative, Pantex Plant 
                      consolidation, Amarillo, Texas, $3,429,000.
                          Project 99-D-132, stockpile management 
                      restructuring initiative, nuclear material 
                      safeguards and security upgrades project, Los 
                      Alamos National Laboratory, Los Alamos, New 
                      Mexico, $11,300,000.
                          Project 98-D-123, stockpile management 
                      restructuring initiative, tritium facility 
                      modernization and consolidation, Savannah River 
                      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.
            (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 
        $241,500,000.

    (b) Adjustment.--The total amount authorized to be appropriated 
pursuant to subsection (a) is the sum of the amounts authorized to be 
appropriated in paragraphs (1) through (3) of that subsection, reduced 
by $27,105,000.
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 $5,495,868,000, to be allocated as 
follows:
            (1) Closure projects.--For closure projects carried out in 
        accordance with section 3143 of the National Defense 
        Authorization Act for Fiscal Year 1997 (Public Law 104-201;

[[Page 113 STAT. 918]]

        110 Stat. 2836; 42 U.S.C. 7274n) in the amount of 
        $1,069,492,000.
            (2) Site project and completion.--For site project and 
        completion in carrying out environmental restoration and waste 
        management activities necessary for national security programs 
        in the amount of $980,919,000, to be allocated as follows:
                    (A) For operation and maintenance, $892,629,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land acquisition 
                related thereto), $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 and Environmental Laboratory, Idaho, 
                      $7,200,000.
                          Project 98-D-401, H-tank farm storm water 
                      systems upgrade, Savannah River Site, Aiken, South 
                      Carolina, $2,977,000.
                          Project 98-D-453, plutonium stabilization and 
                      handling system for plutonium finishing plant, 
                      Richland, Washington, $16,860,000.
                          Project 98-D-700, road rehabilitation, Idaho 
                      National Engineering and Environmental Laboratory, 
                      Idaho, $2,590,000.
                          Project 97-D-450, Actinide packaging and 
                      storage facility, Savannah River Site, Aiken, 
                      South Carolina, $4,000,000.
                          Project 97-D-470, regulatory monitoring and 
                      bioassay laboratory, Savannah River Site, Aiken, 
                      South Carolina, $12,220,000.
                          Project 96-D-406, spent nuclear fuels canister 
                      storage and stabilization facility, Richland, 
                      Washington, $24,441,000.
                          Project 96-D-464, electrical and utility 
                      systems upgrade, Idaho Chemical Processing Plant, 
                      Idaho National Engineering and Environmental 
                      Laboratory, Idaho, $11,971,000.
                          Project 96-D-471, chlorofluorocarbon heating, 
                      ventilation, and air conditioning and chiller 
                      retrofit, Savannah River Site, Aiken, South 
                      Carolina, $931,000.
                          Project 86-D-103, decontamination and waste 
                      treatment facility, Lawrence Livermore National 
                      Laboratory, Livermore, California, $2,000,000.
            (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 $2,919,948,000, to be allocated as follows:
                    (A) For operation and maintenance, $2,873,697,000.
                    (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), $46,251,000, to be allocated as 
                follows:

[[Page 113 STAT. 919]]

                          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 $230,500,000.
            (5) Program direction.--For program direction in carrying 
        out environmental restoration and waste management activities 
        necessary for national security programs in the amount of 
        $339,409,000.

    (b) Adjustments.--(1) The total 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 
$44,400,000, to be derived from environmental restoration and waste 
management, environment, safety, and health programs.
    (2) The amount authorized to be appropriated pursuant to subsection 
(a)(3)(B) is reduced by $8,300,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2000 for other defense 
activities in carrying out programs necessary for national security in 
the amount of $1,805,959,000, to be allocated as follows:
            (1) Nonproliferation and national security.--For 
        nonproliferation and national security, $732,100,000, to be 
        allocated as follows:
                    (A) For verification and control technology, 
                $497,000,000, to be allocated as follows:
                          (i) For nonproliferation and verification 
                      research and development, $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, $276,000,000.
                    (B) For nuclear safeguards and security, 
                $59,100,000.
                    (C) For international nuclear safety, $24,700,000.

[[Page 113 STAT. 920]]

                    (D) For security investigations, $44,100,000.
                    (E) For emergency management, $21,000,000.
                    (F) For highly enriched uranium transparency 
                implementation, $15,750,000.
                    (G) For program direction, $90,450,000.
            (2) Intelligence.--For intelligence, $36,059,000.
            (3) Counterintelligence.--For counterintelligence, 
        $39,200,000.
            (4) Worker and community transition assistance.--For worker 
        and community transition assistance, $30,000,000, to be 
        allocated as follows:
                    (A) For worker and community transition, 
                $26,500,000.
                    (B) For program direction, $3,500,000.
            (5) Fissile materials control and disposition.--For fissile 
        materials control and disposition, $200,000,000, to be allocated 
        as follows:
                    (A) For operation and maintenance, $129,766,000.
                    (B) For program direction, $7,343,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land acquisition 
                related thereto), $62,891,000, to be allocated as 
                follows:
                          Project 00-D-142, immobilization and 
                      associated processing facility, various locations, 
                      $21,765,000.
                          Project 99-D-141, pit disassembly and 
                      conversion facility, various locations, 
                      $28,751,000.
                          Project 99-D-143, mixed oxide fuel fabrication 
                      facility, various locations, $12,375,000.
            (6) Environment, safety, and health.--For environment, 
        safety, and health, defense, $98,000,000, to be allocated as 
        follows:
                    (A) For the Office of Environment, Safety, and 
                Health (Defense), $73,231,000.
                    (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, $677,600,000, to be 
        allocated as follows:
                    (A) For naval reactors development, $657,000,000, to 
                be allocated as follows:
                          (i) For operation and maintenance, 
                      $633,000,000.
                          (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), 
                      $24,000,000, to be allocated as follows:
                                    GPN-101 general plant projects, 
                                various locations, $9,000,000.
                                    Project 98-D-200, site laboratory/
                                facility upgrade, various locations, 
                                $3,000,000.
                                    Project 90-N-102, expended core 
                                facility dry cell project, Naval 
                                Reactors Facility, Idaho, $12,000,000.
                    (B) For program direction, $20,600,000.

    (b) Adjustments.--(1) The total amount authorized to be appropriated 
pursuant to subsection (a) is the sum of the amounts

[[Page 113 STAT. 921]]

authorized to be appropriated in paragraphs (1) through (8) of that 
subsection, reduced by $10,000,000.
    (2) The amount authorized to be appropriated pursuant to subsection 
(a)(1)(D) is reduced by $20,000,000 to reflect an offset provided by 
user organizations for security investigations.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    (a) Defense Nuclear Waste Disposal.--Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 2000 for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$112,000,000.
    (b) Adjustment.--The amount authorized to be appropriated pursuant 
to subsection (a) is reduced by $39,000,000.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2000 for privatization 
initiatives in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $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.

                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 45 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

[[Page 113 STAT. 922]]

proposed to be taken and the facts and circumstances relied upon in 
support of such proposed action.
    (2) In the computation of the 45-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

[[Page 113 STAT. 923]]

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 Armed Services of the House of Representatives of any transfer of 
funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

    (a) Requirement for Conceptual Design.--(1) Subject to paragraph (2) 
and except as provided in paragraph (3), before submitting to Congress a 
request for funds for a construction project that is in support of a 
national security program of the Department of Energy, the Secretary of 
Energy shall complete a conceptual design for that project.
    (2) If the estimated cost of completing a conceptual design for a 
construction project exceeds $3,000,000, the Secretary shall submit to 
Congress a request for funds for the conceptual design before submitting 
a request for funds for the construction project.
    (3) The requirement in paragraph (1) does not apply to a request for 
funds--
            (A) for a construction project the total estimated cost of 
        which is less than $5,000,000; or
            (B) for emergency planning, design, and construction 
        activities under section 3126.

    (b) Authority for Construction Design.--(1) Within the amounts 
authorized by this title, the Secretary of Energy may carry out 
construction design (including architectural and engineering services) 
in connection with any proposed construction project if the total 
estimated cost for such design does not exceed $600,000.
    (2) If the total estimated cost for construction design in 
connection with any construction project exceeds $600,000, funds for 
such design must be specifically authorized by law.

[[Page 113 STAT. 924]]

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

[[Page 113 STAT. 925]]

or for a new program or project that has not been authorized by 
Congress.
    (c) Exemption From Reprogramming Requirements.--The requirements of 
section 3121 shall not apply to transfers of funds pursuant to 
subsection (a).
    (d) Notification.--The Secretary, acting through the Assistant 
Secretary of Energy for Environmental Management, shall notify Congress 
of any transfer of funds pursuant to subsection (a) not later than 30 
days after such transfer occurs.
    (e) Definitions.--In this section:
            (1) The term ``program or project'' means, with respect to a 
        field office of the Department of Energy, any of the following:
                    (A) A program referred to or a project listed in 
                paragraph (2) or (3) of section 3102.
                    (B) A program or project not described in 
                subparagraph (A) that is for environmental restoration 
                or waste management activities necessary for national 
                security programs of the Department, that is being 
                carried out by the office, and for which defense 
                environmental management funds have been authorized and 
                appropriated before the date of the enactment of this 
                Act.
            (2) The term ``defense environmental management funds'' 
        means funds appropriated to the Department of Energy pursuant to 
        an authorization for carrying out environmental restoration and 
        waste management activities necessary for national security 
        programs.

    (f) Duration of Authority.--The managers of the field offices of the 
Department may exercise the authority provided under subsection (a) 
during the period beginning on October 1, 1999, and ending on September 
30, 2000.

    Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. PROHIBITION <<NOTE: 10 USC 2701 note.>> ON USE OF FUNDS 
                          FOR CERTAIN ACTIVITIES UNDER FORMERLY 
                          UTILIZED SITE REMEDIAL ACTION PROGRAM.

    Notwithstanding any other provision of law, no funds authorized to 
be appropriated or otherwise made available by this Act, or by any Act 
authorizing appropriations for the military activities of the Department 
of Defense or the defense activities of the Department of Energy for a 
fiscal year after fiscal year 2000, may be obligated or expended to 
conduct treatment, storage, or disposal activities at any site 
designated as a site under the Formerly Utilized Site Remedial Action 
Program as of the date of the enactment of this Act.
SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION 
                          OF LEGACY NUCLEAR MATERIALS.

    The Secretary of Energy shall continue operations and maintain a 
high state of readiness at the F-canyon and H-canyon facilities at the 
Savannah River Site, Aiken, South Carolina, and shall provide the 
technical staff necessary to operate and so maintain such facilities.

[[Page 113 STAT. 926]]

SEC. 3133. NUCLEAR <<NOTE: 42 USC 2121 note.>> WEAPONS STOCKPILE 
                          LIFE EXTENSION PROGRAM.

    (a) Program Required.--The Secretary of Energy shall, in 
consultation with the Secretary of Defense, carry out a program to 
provide for the extension of the effective life of the weapons in the 
nuclear weapons stockpile.
    (b) Administrative Responsibility for Program.--(1) The program 
under subsection (a) shall be carried out through the element of the 
Department of Energy with responsibility for defense programs.
    (2) For each budget submitted by the President to Congress under 
section 1105 of title 31, United States Code, the amounts requested for 
the program shall be clearly identified in the budget justification 
materials submitted to Congress in support of that budget.
    (c) Program Plan.--As part of the program under subsection (a), the 
Secretary shall develop a long-term plan for the extension of the 
effective life of the weapons in the nuclear weapons stockpile. The plan 
shall include the following:
            (1) Mechanisms to provide for the remanufacture, 
        refurbishment, and modernization of each weapon design 
        designated by the Secretary for inclusion in the enduring 
        nuclear weapons stockpile as of the date of the enactment of 
        this Act.
            (2) Mechanisms to expedite the collection of information 
        necessary for carrying out the program, including information 
        relating to the aging of materials and components, new 
        manufacturing techniques, and the replacement or substitution of 
        materials.
            (3) Mechanisms to ensure the appropriate assignment of roles 
        and missions for each nuclear weapons laboratory and production 
        plant of the Department, including mechanisms for allocation of 
        workload, mechanisms to ensure the carrying out of appropriate 
        modernization activities, and mechanisms to ensure the retention 
        of skilled personnel.
            (4) Mechanisms for allocating funds for activities under the 
        program, including allocations of funds by weapon type and 
        facility.
            (5) An identification of the funds needed, in the current 
        fiscal year and in each of the next five fiscal years, to carry 
        out the program.

    (d) Annual <<NOTE: Deadline.>> Submittal of Plan.--(1) The Secretary 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives the plan developed under subsection (c) not 
later than January 1, 2000. The plan shall contain the maximum level of 
detail practicable.

    (2) The Secretary shall submit to the committees referred to in 
paragraph (1) each year after 2000, at the same time as the submission 
of the budget for the fiscal year beginning in such year under section 
1105 of title 31, United States Code, an update of the plan submitted 
under paragraph (1). Each update shall contain the same level of detail 
as the plan submitted under paragraph (1).
    (e) GAO <<NOTE: Deadline.>> Assessment.--Not later than 30 days 
after the submission of the plan under subsection (d)(1) or any update 
of the plan under subsection (d)(2), the Comptroller General shall 
submit to the committees referred to in subsection (d)(1) an assessment 
of

[[Page 113 STAT. 927]]

whether the program can be carried out under the plan or the update (as 
applicable)--
            (1) in the current fiscal year, given the budget for that 
        fiscal year; and
            (2) in future fiscal years.

    (f) Sense of Congress Regarding Funding of Program.--It is the sense 
of Congress that the President should include in each budget for a 
fiscal year submitted to Congress under section 1105 of title 31, United 
States Code, sufficient funds to carry out in the fiscal year covered by 
such budget the activities under the program under subsection (a) that 
are specified in the most current version of the plan for the program 
under this section.
SEC. 3134. PROCEDURES FOR MEETING TRITIUM PRODUCTION REQUIREMENTS.

    (a) Production of New Tritium.--The Secretary of Energy shall 
produce new tritium to meet the requirements of the Nuclear Weapons 
Stockpile Memorandum at the Tennessee Valley Authority Watts Bar or 
Sequoyah nuclear power plants consistent with the Secretary's December 
22, 1998, decision document designating the Secretary's preferred 
tritium production technology.
    (b) Support.--To support the method of tritium production set forth 
in subsection (a), the Secretary shall design and construct a new 
tritium extraction facility in the H-Area of the Savannah River Site, 
Aiken, South Carolina.
    (c) Design and Engineering Development.--The Secretary shall--
            (1) complete preliminary design and engineering development 
        of the Accelerator Production of Tritium technology design as a 
        backup source of tritium to the source set forth in subsection 
        (a) and consistent with the Secretary's December 22, 1998, 
        decision document; and
            (2) make available those funds necessary to complete 
        engineering development and demonstration, preliminary design, 
        and detailed design of key elements of the system consistent 
        with the Secretary's decision document of December 22, 1998.
SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCELERATOR PRODUCTION OF 
                          TRITIUM.

    (a) Independent Cost Estimate.--(1) The Secretary of Energy shall 
obtain an independent cost estimate of the accelerator production of 
tritium.
    (2) The estimate shall be obtained from an entity not within the 
Department of Energy.
    (3) The estimate shall be conducted at the highest possible level of 
detail, but in no event at a level of detail below that currently 
defined by the Secretary as Type III, ``parametric estimate''.
    (b) Report.--Not <<NOTE: Deadline.>> later than April 1, 2000, the 
Secretary shall submit to the congressional defense committees a report 
on the independent cost estimate obtained pursuant to subsection (a).
SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.

    (a) Initiative for Proliferation Prevention Program.--(1) Not more 
than 35 percent of the funds available in any fiscal year after fiscal 
year 1999 for the Initiatives for Proliferation Prevention program (IPP) 
may be obligated or expended by the

[[Page 113 STAT. 928]]

Department of Energy national laboratories to carry out or provide 
oversight of any activities under that program.
    (2)(A) None of the funds available in any fiscal year after fiscal 
year 1999 for the Initiatives for Proliferation Prevention program may 
be used to increase or otherwise supplement the pay or benefits of a 
scientist or engineer if the scientist or engineer--
            (i) is currently engaged in activities directly related to 
        the design, development, production, or testing of chemical or 
        biological weapons or a missile system to deliver such weapons; 
        or
            (ii) was not formerly engaged in activities directly related 
        to the design, development, production, or testing of weapons of 
        mass destruction or a missile system to deliver such weapons.

    (B) None of the funds available in any fiscal year after fiscal year 
1999 for the Initiatives for Proliferation Prevention program may be 
made available to an institute if the institute--
            (i) is currently involved in activities described in 
        subparagraph (A)(i); or
            (ii) was not formerly involved in activities described in 
        subparagraph (A)(ii).

    (3)(A) No funds available for the Initiatives for Proliferation 
Prevention program may be provided to an institute or scientist under 
the program if the Secretary of Energy determines that the institute or 
scientist has made a scientific or business contact in any way 
associated with or related to weapons of mass destruction with a 
representative of a country of proliferation concern.
    (B) For purposes of this paragraph, the term ``country of 
proliferation concern'' means any country so designated by the Director 
of Central Intelligence for purposes of the Initiatives for 
Proliferation Prevention program.
    (4)(A) The Secretary of Energy shall prescribe procedures for the 
review of projects under the Initiatives for Proliferation Prevention 
program. The purpose of the review shall be to ensure the following:
            (i) That the military applications of such projects, and any 
        information relating to such applications, is not inadvertently 
        transferred or utilized for military purposes.
            (ii) That activities under the projects are not redirected 
        toward work relating to weapons of mass destruction.
            (iii) That the national security interests of the United 
        States are otherwise fully considered before the commencement of 
        the projects.

    (B) <<NOTE: Reports. Deadline.>> Not later than 30 days after the 
date on which the Secretary prescribes the procedures required by 
subparagraph (A), the Secretary shall submit to Congress a report on the 
procedures. The report shall set forth a schedule for the implementation 
of the procedures.
    (5)(A) The Secretary shall evaluate the projects carried out under 
the Initiatives for Proliferation Prevention program for commercial 
purposes to determine whether or not such projects are likely to achieve 
their intended commercial objectives.
    (B) If the Secretary determines as a result of the evaluation that a 
project is not likely to achieve its intended commercial objective, the 
Secretary shall terminate the project.
    (6) Funds appropriated for 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. In the

[[Page 113 STAT. 929]]

event payment of such a tax or customs duty with such funds is 
unavoidable, the Secretary of Energy shall--
            (A) after such payment, submit a report to the congressional 
        defense committees explaining the particular circumstances 
        making such payment under the Initiatives for Proliferation 
        Prevention program with such funds unavoidable; and
            (B) ensure that sufficient additional funds are provided to 
        the Initiatives for Proliferation Prevention Program to offset 
        the amount of such payment.

    (b) Nuclear Cities Initiative.--(1) No amounts authorized to be 
appropriated by this title for the Nuclear Cities Initiative may be 
obligated or expended for purposes of the initiative until the Secretary 
of Energy certifies to Congress that Russia has agreed to close some of 
its facilities engaged in work on weapons of mass destruction.
    (2) Notwithstanding a certification under paragraph (1), amounts 
authorized to be appropriated by this title for the Nuclear Cities 
Initiative may not be obligated or expended for purposes of providing 
assistance under the initiative to more than three nuclear cities, and 
more than two serial production facilities, in Russia in fiscal year 
2000.
    (3)(A) The Secretary shall conduct a study of the potential economic 
effects of each commercial program proposed under the Nuclear Cities 
Initiative before providing assistance for the conduct of the program. 
The study shall include an assessment regarding whether or not the 
mechanisms for job creation under each program are likely to lead to the 
creation of the jobs intended to be created by that program.
    (B) If the Secretary determines as a result of the study that the 
intended commercial benefits of a program are not likely to be achieved, 
the Secretary may not provide assistance for the conduct of that 
program.
    (4) <<NOTE: Reports. Deadline.>> Not later than January 1, 2000, the 
Secretary shall submit to Congress a report describing the participation 
in or contribution to the Nuclear Cities Initiative of each department 
and agency of the United States Government that participates in or 
contributes to the initiative. The report shall describe separately any 
interagency participation in or contribution to the initiative.

    (c) Report.--(1) <<NOTE: Deadline.>> Not later than January 1, 2000, 
the Secretary of Energy shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives a report on the Initiatives for Proliferation Prevention 
program and the Nuclear Cities Initiative.

    (2) The report shall include the following:
            (A) A strategic plan for the Initiatives for Proliferation 
        Prevention program and for the Nuclear Cities Initiative, which 
        shall establish objectives for the program or initiative, as the 
        case may be, and means for measuring the achievement of such 
        objectives.
            (B) A list of the most successful projects under the 
        Initiatives for Proliferation Prevention program, including for 
        each such project the name of the institute and scientists who 
        are participating or have participated in the project, the 
        number of jobs created through the project, and the manner in 
        which the project has met the nonproliferation objectives of the 
        United States.

[[Page 113 STAT. 930]]

            (C) A list of the institutes and scientists associated with 
        weapons of mass destruction programs or other defense-related 
        programs in the states of the former Soviet Union that the 
        Department seeks to engage in commercial work under the 
        Initiatives for Proliferation Prevention program or the Nuclear 
        Cities Initiative, including--
                    (i) a description of the work performed by such 
                institutes and scientists under such weapons of mass 
                destruction programs or other defense-related programs; 
                and
                    (ii) a description of any work proposed to be 
                performed by such institutes and scientists under the 
                Initiatives for Proliferation Prevention program or the 
                Nuclear Cities Initiative.

    (d) Nuclear Cities Initiative Defined.--For purposes of this 
section, the term ``Nuclear Cities Initiative'' means the initiative 
arising pursuant to the March 1998 discussions between the Vice 
President of the United States and the Prime Minister of the Russian 
Federation and between the Secretary of Energy of the United States and 
the Minister of Atomic Energy of the Russian Federation.
SEC. 3137. 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, $25,000,000 shall be 
available 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.

[[Page 113 STAT. 931]]

      Subtitle <<NOTE: Department of Energy Facilities Safeguards, 
   Security, and Counter- intelligence Enhancement Act of 1999.>> D--
Matters Relating to Safeguards, Security, and Counterintelligence

SEC. 3141. <<NOTE: 42 USC 7383 note.>> SHORT TITLE.

    This subtitle may be cited as the ``Department of Energy Facilities 
Safeguards, Security, and Counterintelligence Enhancement Act of 1999''.
SEC. 3142. COMMISSION <<NOTE: 42 USC 7383.>> ON SAFEGUARDS, 
                          SECURITY, AND COUNTERINTELLIGENCE AT 
                          DEPARTMENT OF ENERGY FACILITIES.

    (a) Establishment.--There is hereby established a commission to be 
known as the Commission on Safeguards, Security, and Counterintelligence 
at Department of Energy Facilities (in this section referred to as the 
``Commission'').
    (b) Membership and Organization.--(1) The Commission shall be 
composed of nine members appointed from among individuals in the public 
and private sectors who have significant experience in matters related 
to the security of nuclear weapons and materials, the classification of 
information, or counterintelligence matters, as follows:
            (A) Two shall be appointed by the chairman of the Committee 
        on Armed Services of the Senate, in consultation with the 
        ranking member of that Committee.
            (B) One shall be appointed by the ranking member of the 
        Committee on Armed Services of the Senate, in consultation with 
        the chairman of that Committee.
            (C) Two shall be appointed by the chairman of the Committee 
        on Armed Services of the House of Representatives, in 
        consultation with the ranking member of that Committee.
            (D) One shall be appointed by the ranking member of the 
        Committee on Armed Services of the House of Representatives, in 
        consultation with the chairman of that Committee.
            (E) One shall be appointed by the Secretary of Defense.
            (F) One shall be appointed by the Director of the Federal 
        Bureau of Investigation.
            (G) One shall be appointed by the Director of Central 
        Intelligence.

    (2) Members of the Commission shall be appointed for four year 
terms, except as follows:
            (A) One member initially appointed under paragraph (1)(A) 
        shall serve a term of two years, to be designated at the time of 
        appointment.
            (B) One member initially appointed under paragraph (1)(C) 
        shall serve a term of two years, to be designated at the time of 
        appointment.
            (C) The member initially appointed under paragraph (1)(E) 
        shall serve a term of two years.

    (3) Any vacancy in the Commission shall be filled in the same manner 
as the original appointment and shall not affect the powers of the 
Commission.
    (4)(A) After five members of the Commission have been appointed 
under paragraph (1), the chairman of the Committee on Armed Services of 
the Senate, in consultation with the chairman

[[Page 113 STAT. 932]]

of the Committee on Armed Services of the House of Representatives, 
shall designate the chairman of the Commission from among the members 
appointed under paragraph (1)(A).
    (B) The chairman of the Commission may be designated once five 
members of the Commission have been appointed under paragraph (1).
    (5) The initial members of the Commission shall be appointed not 
later than 60 days after the date of the enactment of this Act.
    (6) The members of the Commission shall establish procedures for the 
activities of the Commission, including procedures for calling meetings, 
requirements for quorums, and the manner of taking votes.
    (7) The Commission shall meet not less often than once every three 
months.
    (8) The Commission may commence its activities under this section 
upon the designation of the chairman of the Commission under paragraph 
(4).
    (c) Duties.--(1) The Commission shall, in accordance with this 
section, review the safeguards, security, and counterintelligence 
activities (including activities relating to information management, 
computer security, and personnel security) at Department of Energy 
facilities to--
            (A) determine the adequacy of those activities to ensure the 
        security of sensitive information, processes, and activities 
        under the jurisdiction of the Department against threats to the 
        disclosure of such information, processes, and activities; and
            (B) make recommendations for actions the Commission 
        determines as being necessary to ensure that such security is 
        achieved and maintained.

    (2) The activities of the Commission under paragraph (1) shall 
include the following:
            (A) An analysis of the sufficiency of the Design Threat 
        Basis documents as a basis for the allocation of resources for 
        safeguards, security, and counterintelligence activities at the 
        Department facilities in light of applicable guidance with 
        respect to such activities, including applicable laws, 
        Department of Energy orders, Presidential Decision Directives, 
        and Executive orders.
            (B) Visits to Department facilities to assess the adequacy 
        of the safeguards, security, and counterintelligence activities 
        at such facilities.
            (C) Evaluations of specific concerns set forth in Department 
        reports regarding the status of safeguards, security, or 
        counterintelligence activities at particular Department 
        facilities or at facilities throughout the Department.
            (D) Reviews of relevant laws, Department orders, and other 
        requirements relating to safeguards, security, and 
        counterintelligence activities at Department facilities.
            (E) Any other activities relating to safeguards, security, 
        and counterintelligence activities at Department facilities that 
        the Secretary of Energy considers appropriate.

    (d) Report.--(1) <<NOTE: Deadline.>> Not later than February 15 each 
year, the Commission shall submit to the Secretary of Energy and to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on

[[Page 113 STAT. 933]]

the activities of the Commission during the preceding year. The report 
shall be submitted in unclassified form, but may include a classified 
annex.

    (2) Each report--
            (A) shall describe the activities of the Commission during 
        the year covered by the report;
            (B) shall set forth proposals for any changes in safeguards, 
        security, or counterintelligence activities at Department of 
        Energy facilities that the Commission considers appropriate in 
        light of such activities; and
            (C) may include any other recommendations for legislation or 
        administrative action that the Commission considers appropriate.

    (e) Personnel Matters.--(1)(A) Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission.
    (B) All members of the Commission who are officers or employees of 
the United States shall serve without compensation by reason of their 
service on the Commission.
    (2) The members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.
    (3)(A) The Commission may, without regard to the civil service laws 
and regulations, appoint and terminate such personnel as may be 
necessary to enable the Commission to perform its duties.
    (B) The Commission may fix the compensation of the personnel of the 
Commission without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, relating to 
classification of positions and General Schedule pay rates.
    (4) Any officer or employee of the United States may be detailed to 
the Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (5) The members and employees of the Commission shall hold security 
clearances appropriate for the matters considered by the Commission in 
the discharge of its duties under this section.
    (f) Applicability of FACA.--The provisions of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the activities of the 
Commission.
    (g) Funding.--(1) From amounts authorized to be appropriated by 
sections 3101 and 3103, the Secretary of Energy shall make available to 
the Commission not more than $1,000,000 for the activities of the 
Commission under this section.
    (2) Amounts made available to the Commission under this subsection 
shall remain available until expended.
    (h) Termination of Department of Energy Security Management Board.--
(1) Section 3161 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251 note) is 
repealed.

[[Page 113 STAT. 934]]

    (2) Section 3162 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049; 42 U.S.C. 7274 
note) <<NOTE: 42 USC 7274m note.>> is amended--
            (A) by striking ``(a) In General.--''; and
            (B) by striking subsection (b).
SEC. 3143. BACKGROUND INVESTIGATIONS OF CERTAIN PERSONNEL AT 
                          DEPARTMENT OF ENERGY FACILITIES.

    (a) In General.--The Secretary of Energy shall ensure that an 
investigation meeting the requirements of section 145 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2165) is made for each Department of 
Energy employee, or contractor employee, at a national laboratory or 
nuclear weapons production facility who--
            (1) carries out duties or responsibilities in or around a 
        location where Restricted Data is present; or
            (2) has or may have regular access to a location where 
        Restricted Data is present.

    (b) Compliance.--The Secretary shall have 15 months from the date of 
the enactment of this Act to meet the requirement in subsection (a).

SEC. 3144. CONDUCT OF SECURITY CLEARANCES.

    (a) Responsibility of Federal Bureau of Investigation.--Subsection 
e. of section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165) is 
amended--
            (1) by inserting ``(1)'' before ``If''; and
            (2) by adding at the end the following new paragraph:

    ``(2) In the case of an individual employed in a program known as a 
Special Access Program or a Personnel Security and Assurance Program, 
any investigation required by subsections a., b., and c. of this section 
shall be made by the Federal Bureau of Investigation.''.
    (b) Compliance.--The <<NOTE: 42 USC 2165 note.>> Director of the 
Federal Bureau of Investigation shall have 18 months from the date of 
the enactment of this Act to meet the responsibilities of the Bureau 
under subsection e.(2) of section 145 of the Atomic Energy Act of 1954, 
as added by subsection (a).

    (c) Report.--(1) <<NOTE: Deadline.>> Not later than six months after 
the date of the enactment of this Act, the Director of the Federal 
Bureau of Investigation shall submit to the committees specified in 
paragraph (2) a report on the implementation of the responsibilities of 
the Bureau under subsection e.(2) of that section. That report shall 
include the following:
            (A) An assessment of the capability of the Bureau to execute 
        the additional clearance requirements, to include additional 
        post-initial investigations.
            (B) An estimate of the additional resources required, to 
        include funding, to support the expanded use of the Bureau to 
        conduct the additional investigations.
            (C) The extent to which contractor personnel are and would 
        be used in the clearance process.

    (2) The committees referred to in paragraph (1) are 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.

[[Page 113 STAT. 935]]

SEC. 3145. PROTECTION <<NOTE: 42 USC 7383b.>> OF CLASSIFIED 
                          INFORMATION DURING LABORATORY-TO-
                          LABORATORY EXCHANGES.

    (a) Provision of Training.--The Secretary of Energy shall ensure 
that all Department of Energy employees and Department of Energy 
contractor employees participating in laboratory-to-laboratory 
cooperative exchange activities are fully trained in matters relating to 
the protection of classified information and to potential espionage and 
counterintelligence threats.
    (b) Countering of Espionage and Intelligence-Gathering Abroad.--(1) 
The Secretary shall establish a pool of Department employees and 
Department contractor employees who are specially trained to counter 
threats of espionage and intelligence-gathering by foreign nationals 
against Department employees and Department contractor employees who 
travel abroad for laboratory-to-laboratory exchange activities or other 
cooperative exchange activities on behalf of the Department.
    (2) The Director of Counterintelligence of the Department of Energy 
may assign at least one employee from the pool established under 
paragraph (1) to accompany a group of Department employees or Department 
contractor employees who travel to any nation designated to be a 
sensitive country for laboratory-to-laboratory exchange activities or 
other cooperative exchange activities on behalf of the Department.
SEC. 3146. RESTRICTIONS <<NOTE: 42 USC 7383c.>> 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 other than areas 
accessible to the general public 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 other than areas accessible to the general 
public any individual who is a citizen or agent of a nation that is 
named on the current sensitive countries list.
    (2) <<NOTE: Deadlines.>> 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 the certifications described in 
        paragraph (3).

    (3) The certifications referred to in paragraph (2) are one 
certification each by the Director of Counterintelligence of the 
Department of Energy, the Director of the Federal Bureau of 
Investigation, and the Director of Central Intelligence, of each of the 
following:
            (A) That the foreign visitors program at that facility 
        complies with applicable orders, regulations, and policies of 
        the Department of Energy relating to the safeguarding and 
        security of sensitive information and fulfills any 
        counterintelligence requirements arising under such orders, 
        regulations, and policies.

[[Page 113 STAT. 936]]

            (B) That the foreign visitors program at that facility 
        complies with Presidential Decision Directives and similar 
        requirements relating to the safeguarding and security of 
        sensitive information and fulfills any counterintelligence 
        requirements arising under such Directives or requirements.
            (C) That the foreign visitors program at that facility 
        includes adequate protections against the inadvertent release of 
        Restricted Data, information important to the national security 
        of the United States, and any other sensitive information the 
        disclosure of which might harm the interests of the United 
        States.
            (D) That the foreign visitors program at that facility does 
        not pose an undue risk to the national security interests of the 
        United States.

    (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.--The moratorium 
under subsection (b) shall not apply--
            (1) to activities relating to cooperative threat reduction 
        with states of the former Soviet Union; or

[[Page 113 STAT. 937]]

            (2) to the materials protection control and accounting 
        program of the Department.

    (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 as in effect on January 1, 
        1999.
SEC. 3147. 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 <<NOTE: 42 USC 2282b.>> 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.
    ``d. In the case of an entity specified in subsection d. of section 
234A--
            ``(1) the assessment of any civil penalty under subsection 
        a. against that entity may not be made until the entity enters 
        into a new contract with the Department of Energy or an 
        extension of a current contract with the Department; and
            ``(2) the total amount of civil penalties under subsection 
        a. in a fiscal year may not exceed the total amount of fees

[[Page 113 STAT. 938]]

        paid by the Department of Energy to that entity in that fiscal 
        year.''.

    (b) Applicability.--Subsection <<NOTE: 42 USC 2282b.>> a. of section 
234B of the Atomic Energy Act of 1954, as added by subsection (a), 
applies to any violation after the date of the enactment of this Act.

    (c) Clarifying Amendment.--The section heading of section 234A of 
such Act (42 U.S.C. 2282a) is amended by inserting ``Safety'' before 
``Regulations''.
    (d) 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. 3148. 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 
        ``$100,000''; and
            (2) in clause b., by striking ``$10,000'' and inserting 
        ``$500,000''.

    (b) Receipt of Restricted Data.--Section 225 of such Act (42 U.S.C. 
2275) is amended by striking ``$20,000'' and inserting ``$100,000''.
    (c) Disclosure of Restricted Data.--Section 227 of such Act (42 
U.S.C. 2277) is amended by striking ``$2,500'' and inserting 
``$12,500''.
SEC. 3149. SUPPLEMENT <<NOTE: 50 USC 435 note.>> TO PLAN FOR 
                          DECLASSIFICATION OF RESTRICTED DATA AND 
                          FORMERLY RESTRICTED DATA.

    (a) Supplement to Plan.--The Secretary of Energy and the Archivist 
of the United States shall, after consultation with the members of the 
National Security Council and in consultation with the Secretary of 
Defense and the heads of other appropriate Federal agencies, develop a 
supplement to the plan required under subsection (a) of section 3161 of 
the Strom Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 2260; 50 U.S.C. 435 note).
    (b) Contents of Supplement.--The supplement shall provide for the 
application of that plan (including in particular the element of the 
plan required by section 3161(b)(1) of that Act) to all records subject 
to Executive Order No. 12958 that were determined before the date of the 
enactment of that Act to be suitable for declassification.
    (c) Limitation on Declassification of Records.--All records referred 
to in subsection (b) shall be treated, for purposes of section 3161(c) 
of that Act, in the same manner as records referred to in section 
3161(a) of that Act.
    (d) Submission of Supplement.--The Secretary of Energy shall submit 
the supplement required under subsection (a) to the recipients of the 
plan referred to in section 3161(d) of that Act.

[[Page 113 STAT. 939]]

SEC. 3150. NOTICE <<NOTE: 42 USC 7383d.>> TO CONGRESSIONAL 
                          COMMITTEES OF CERTAIN SECURITY AND 
                          COUNTERINTELLIGENCE FAILURES WITHIN 
                          NUCLEAR ENERGY DEFENSE PROGRAMS.

    (a) Required Notification.--The Secretary of Energy shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a notification of each significant nuclear defense 
intelligence loss. Any such notification shall be provided only after 
consultation with the Director of Central Intelligence and the Director 
of the Federal Bureau of Investigation, as appropriate.
    (b) Significant Nuclear Defense Intelligence Losses.--In this 
section, the term ``significant nuclear defense intelligence loss'' 
means any national security or counterintelligence failure or compromise 
of classified information at a facility of the Department of Energy or 
operated by a contractor of the Department that the Secretary considers 
likely to cause significant harm or damage to the national security 
interests of the United States.
    (c) Manner <<NOTE: Deadline.>> of Notification.--Notification of a 
significant nuclear defense intelligence loss under subsection (a) shall 
be provided, in accordance with the procedures established pursuant to 
subsection (d), not later than 30 days after the date on which the 
Department of Energy determines that the loss has taken place.

    (d) Procedures.--The Secretary of Energy and the Committees on Armed 
Services of the Senate and House of Representatives shall each establish 
such procedures as may be necessary to protect from unauthorized 
disclosure classified information, information relating to intelligence 
sources and methods, and sensitive law enforcement information that is 
submitted to those committees pursuant to this section and that are 
otherwise necessary to carry out the provisions of this section.
    (e) Statutory Construction.--(1) Nothing in this section shall be 
construed as authority to withhold any information from the Committees 
on Armed Services of the Senate and House of Representatives on the 
grounds that providing the information to those committees would 
constitute the unauthorized disclosure of classified information, 
information relating to intelligence sources and methods, or sensitive 
law enforcement information.
    (2) Nothing in this section shall be construed to modify or 
supersede any other requirement to report information on intelligence 
activities to the Congress, including the requirement under section 501 
of the National Security Act of 1947 (50 U.S.C. 413) for the President 
to ensure that the congressional intelligence committees are kept fully 
informed of the intelligence activities of the United States and for 
those committees to notify promptly other congressional committees of 
any matter relating to intelligence activities requiring the attention 
of those committees.
SEC. 3151. ANNUAL <<NOTE: 42 USC 7383e.>> REPORT BY THE PRESIDENT 
                          ON ESPIONAGE BY THE PEOPLE'S REPUBLIC OF 
                          CHINA.

    (a) Annual Report Required.--The President shall transmit to 
Congress an annual report 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--

[[Page 113 STAT. 940]]

            (1) the theft of sophisticated United States nuclear weapons 
        design information; and
            (2) 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 <<NOTE: Deadline.>> Report.--The first report under this 
section shall be transmitted not later than March 1, 2000.
SEC. 3152. REPORT <<NOTE: 42 USC 7383f.>> ON COUNTERINTELLIGENCE 
                          AND SECURITY PRACTICES AT NATIONAL 
                          LABORATORIES.

    (a) In <<NOTE: Deadline.>> 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 employees, including full-time 
        counterintelligence and security professionals and contractor 
        employees.
            (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 requirement that an employee report 
        the travel to sensitive countries of that employee (whether or 
        not the travel was for official business).
            (5) The number of trips by individuals who traveled to 
        sensitive countries, with identification of the sensitive 
        countries visited.
SEC. 3153. REPORT <<NOTE: 42 USC 7383g.>> ON SECURITY 
                          VULNERABILITIES OF NATIONAL LABORATORY 
                          COMPUTERS.

    (a) Report <<NOTE: Deadline.>> Required.--Not later than March 1 of 
each year, the National Counterintelligence Policy Board shall prepare a 
report 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 one or more 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> later than 30 days after the report is 
submitted, the Secretary and

[[Page 113 STAT. 941]]

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.

    (e) First Report.--The first report under this section shall be the 
report for the year 2000. That report shall cover each of the national 
laboratories.
SEC. 3154. COUNTERINTELLIGENCE <<NOTE: 42 USC 7383h.>> POLYGRAPH 
                          PROGRAM.

    (a) Program Required.--The Secretary of Energy, acting through the 
Director of Counterintelligence, 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.
    (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 a contractor of the 
        Department.

    (c) High-Risk Programs.--For purposes of this section, high-risk 
programs are the programs known as--
            (1) Special Access Programs; and
            (2) Personnel Security and Assurance Programs.

    (d) Initial Testing and Consent.--The Secretary may not permit a 
covered person to have initial access to any high-risk program 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 unless that 
person undergoes a counterintelligence polygraph examination within five 
years after that person has initial access, and thereafter--
            (1) not less frequently than every five years; and
            (2) at any time at the direction of the Director 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.
    (g) Regulations.--The Secretary shall prescribe any regulations 
necessary to carry out this section. Those regulations shall include 
procedures, to be developed in consultation with the Federal Bureau of 
Investigation, for--
            (1) identifying and addressing ``false positive'' results of 
        polygraph examinations; and

[[Page 113 STAT. 942]]

            (2) ensuring that adverse personnel actions not be taken 
        against an individual solely by reason of that individual's 
        physiological reaction to a question in a polygraph examination, 
        unless reasonable efforts are first made to independently 
        determine through alternative means the veracity of that 
        individual's response to that question.

    (h) Plan for Extension of Program.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a plan on extending the program 
required by this section. The plan shall provide for the administration 
of counterintelligence polygraph examinations in accordance with the 
program to each covered person who has access to--
            (1) the programs known as Personnel Assurance Programs; and
            (2) the information identified as Sensitive Compartmented 
        Information.
SEC. 3155. DEFINITIONS <<NOTE: 42 USC 7383i.>> OF NATIONAL 
                          LABORATORY AND NUCLEAR WEAPONS 
                          PRODUCTION FACILITY.

    For purposes of this subtitle:
            (1) The term ``national laboratory'' means any of the 
        following:
                    (A) The Lawrence Livermore National Laboratory, 
                Livermore, California.
                    (B) The Los Alamos National Laboratory, Los Alamos, 
                New Mexico.
                    (C) The Sandia National Laboratories, Albuquerque, 
                New Mexico and Livermore, California.
            (2) The term ``nuclear weapons production facility'' means 
        any of the following:
                    (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.

SEC. 3156. <<NOTE: 42 USC 7383j.>> DEFINITION OF RESTRICTED DATA.

    In this subtitle, the term ``Restricted Data'' has the meaning given 
that term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(y)).

                Subtitle E--Matters Relating to Personnel

SEC. 3161. EXTENSION <<NOTE: 5 USC 5597 note.>> 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 (as contained in section 101(f) of division A of Public Law 
104-208; 110 Stat. 3009-383; 5 U.S.C. 5597 note), the Department of 
Energy may pay voluntary separation incentive payments under such 
section 663 to qualifying employees who voluntarily separate (whether by 
retirement or resignation) before January 1, 2003.

[[Page 113 STAT. 943]]

    (b) Report.--(1) <<NOTE: Deadline.>> Not later than March 15, 2000, 
the Secretary of Energy shall submit to the Director of the Office of 
Personnel Management and the specified congressional committees a report 
describing how the Department has, by reason of the provisions of 
subsection (a), paid voluntary separation payments under such section 
663.

    (2) The report under paragraph (1) shall--
            (A) include the occupations and grade levels of each 
        employee with respect to whom the Department has, by reason of 
        the provisions of subsection (a), paid voluntary separation 
        payments under such section 663; and
            (B) describe how the paying of such payments by reason of 
        the provisions of subsection (a) relates to the restructuring 
        plans of the Department.

    (3) For purposes of this subsection, the term ``specified 
congressional committees'' means the following:
            (A) The Committee on Armed Services, the Committee on 
        Government Reform, and the Committee on Commerce of the House of 
        Representatives.
            (B) The Committee on Armed Services and the Committee on 
        Governmental Affairs of the Senate.
SEC. 3162. 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 Laboratories, Albuquerque, New 
        Mexico, and Livermore, California.''.

    (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.''.

[[Page 113 STAT. 944]]

    (e) Plan.--(1) <<NOTE: Deadline.>> 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. 3163. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE 
                          DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
                          ENERGY.

    (a) Administration of Joint Nuclear Weapons Council.--(1) Subsection 
(b) of section 179 of title 10, United States Code, is amended by adding 
at the end the following new paragraph:
    ``(3) The Council shall meet not less often than once every three 
months.''.
    (2) Subsection (c) of that section is amended by adding at the end 
the following new paragraph:
    ``(3)(A) Whenever the position of Assistant to the Secretary of 
Defense for Nuclear and Chemical and Biological Defense Programs has 
been vacant a period of more than 6 months, the Secretary of Energy 
shall designate a qualified individual to serve as acting staff director 
of the Council until the position of that Assistant to the Secretary is 
filled.
    ``(B) An individual appointed under subparagraph (A) shall possess 
substantial technical and policy experience relevant to the management 
and oversight of nuclear weapons programs.''.
    (b) Revitalization of Joint Nuclear Weapons Council.--
(1) <<NOTE: Deadline.>> The Secretary of Defense and the Secretary of 
Energy shall jointly prepare, and not later than March 15, 2000, submit 
to the committees specified in subsection (g), a plan to revitalize the 
Joint Nuclear Weapons Council established by section 179 of title 10, 
United States Code.

    (2) The plan shall include any proposed modification to the 
membership or responsibilities of the Council that the Secretaries 
jointly determine advisable to enhance the capability of the Council to 
ensure the integration of Department of Defense requirements for nuclear 
weapons into the programs and budget processes of the Department of 
Energy.
    (c) Annual Report on Council Activities.--Section 179(f) of title 
10, United States Code, is amended by adding at the end the following:
            ``(3) A description of the activities of the Council during 
        the 12-month period ending on the date of the report together 
        with any assessments or studies conducted by the Council during 
        that period.

[[Page 113 STAT. 945]]

            ``(4) A description of the highest priority requirements of 
        the Department of Defense with respect to the Department of 
        Energy stockpile stewardship and management program as of that 
        date.
            ``(5) An assessment of the extent to which the requirements 
        referred to in paragraph (4) are being addressed by the 
        Department of Energy as of that date.''.

    (d) Nuclear <<NOTE: 10 USC 113 note.>> Mission Management Plan.--(1) 
The Secretary of Defense shall develop and implement a plan to ensure 
the continued reliability of the capability of the Department of Defense 
to carry out its nuclear deterrent mission.

    (2) The plan shall do the following:
            (A) Articulate the current policy of the United States on 
        the role of nuclear weapons and nuclear deterrence in the 
        conduct of defense and foreign relations matters.
            (B) Establish stockpile viability and capability 
        requirements with respect to that mission, including the number 
        and variety of warheads required.
            (C) Establish requirements relating to the contractor 
        industrial base, support infrastructure, and surveillance, 
        testing, assessment, and certification of nuclear weapons 
        necessary to support that mission.

    (3) The plan shall take into account the following:
            (A) Requirements for the critical skills, readiness, 
        training, exercise, and testing of personnel necessary to meet 
        that mission.
            (B) The relevant programs and plans of the military 
        departments and the Defense Agencies with respect to readiness, 
        sustainment (including research and development), and 
        modernization of the strategic deterrent forces.

    (e) Nuclear <<NOTE: Deadline.>> Expertise Retention Measures.--(1) 
Not later than March 15, 2000, the Secretary of Energy and Secretary of 
Defense shall submit to the committees specified in subsection (g) a 
joint plan setting forth the actions that the Secretaries consider 
necessary to retain core scientific, engineering, and technical skills 
and capabilities within the Department of Energy, the Department of 
Defense, and the contractors of those departments in order to maintain 
the United States nuclear deterrent force indefinitely.

    (2) The plan shall include the following elements:
            (A) A baseline of current skills and capabilities by 
        location.
            (B) A statement of the skills or capabilities that are at 
        risk of being lost within the next ten years.
            (C) A statement of measures that will be taken to retain 
        such skills and capabilities.
            (D) A proposal for recruitment measures to address the loss 
        of such skills or capabilities.
            (E) A proposal for the training and evaluation of personnel 
        with core scientific, engineering, and technical skills and 
        capabilities.
            (F) A statement of the additional advanced manufacturing 
        programs and process engineering programs that are required to 
        maintain the nuclear deterrent force indefinitely.
            (G) An assessment of the desirability of establishing a 
        nuclear weapons workforce reserve to ensure the availability of 
        the skills and capabilities of present and former employees of 
        the Department of Energy, the Department of Defense, and

[[Page 113 STAT. 946]]

        the contractors of those departments in the event of an urgent 
        future need for such skills and capabilities.

    (f) Reports on Critical Difficulties at Nuclear Weapons 
Laboratories.--Section 3159 of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842; 42 U.S.C. 
7274o) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Inclusion of Reports in Annual Stockpile Certification.--Any 
report submitted pursuant to subsection (a) shall also be included with 
the decision documents that accompany the annual certification of the 
safety and reliability of the United States nuclear weapons stockpile 
which is provided to the President for the year in which such report is 
submitted.''.
    (g) Specified Committees.--The committees specified in this 
subsection are the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives.

SEC. 3164. <<NOTE: 42 USC 7239.>> WHISTLEBLOWER PROTECTION PROGRAM.

    (a) Program <<NOTE: Establishment.>> Required.--The Secretary of 
Energy shall establish a program to ensure that covered individuals may 
not be discharged, demoted, or otherwise discriminated against as a 
reprisal for making protected disclosures.

    (b) Covered Individuals.--For purposes of this section, a covered 
individual is an individual who is an employee of the Department of 
Energy, or of a contractor of the Department, who is engaged in the 
defense activities of the Department.
    (c) Protected Disclosures.--For purposes of this section, a 
protected disclosure is a disclosure--
            (1) made by a covered individual who takes appropriate steps 
        to protect the security of the information in accordance with 
        guidance provided under this section;
            (2) made to a person or entity specified in subsection (d); 
        and
            (3) of classified or other information that the covered 
        individual reasonably believes to provide direct and specific 
        evidence of any of the following:
                    (A) A violation of law or Federal regulation.
                    (B) Gross mismanagement, a gross waste of funds, or 
                abuse of authority.
                    (C) A false statement to Congress on an issue of 
                material fact.

    (d) Persons and Entities to Which Disclosures May Be Made.--A person 
or entity specified in this subsection is any of the following:
            (1) A member of a committee of Congress having primary 
        responsibility for oversight of the department, agency, or 
        element of the Government to which the disclosed information 
        relates.
            (2) An employee of Congress who is a staff member of such a 
        committee and has an appropriate security clearance for access 
        to information of the type disclosed.
            (3) The Inspector General of the Department of Energy.
            (4) The Federal Bureau of Investigation.

[[Page 113 STAT. 947]]

            (5) Any other element of the Government designated by the 
        Secretary as authorized to receive information of the type 
        disclosed.

    (e) Official Capacity of Persons to Whom Information is Disclosed.--
A member of, or an employee of Congress who is a staff member of, a 
committee of Congress specified in subsection (d) who receives a 
protected disclosure under this section does so in that member or 
employee's official capacity as such a member or employee.
    (f) Assistance and Guidance.--The Secretary, acting through the 
Inspector General of the Department of Energy, shall provide assistance 
and guidance to each covered individual who seeks to make a protected 
disclosure under this section. Such assistance and guidance shall 
include the following:
            (1) Identifying the persons or entities under subsection (d) 
        to which that disclosure may be made.
            (2) Advising that individual regarding the steps to be taken 
        to protect the security of the information to be disclosed.
            (3) Taking appropriate actions to protect the identity of 
        that individual throughout that disclosure.
            (4) Taking appropriate actions to coordinate that disclosure 
        with any other Federal agency or agencies that originated the 
        information.

    (g) Regulations.--The Secretary shall prescribe regulations to 
ensure the security of any information disclosed under this section.
    (h) Notification to Covered Individuals.--The Secretary shall notify 
each covered individual of the following:
            (1) The rights of that individual under this section.
            (2) The assistance and guidance provided under this section.
            (3) That the individual has a responsibility to obtain that 
        assistance and guidance before seeking to make a protected 
        disclosure.

    (i) Complaint by Covered Individuals.--If a covered individual 
believes that that individual has been discharged, demoted, or otherwise 
discriminated against as a reprisal for making a protected disclosure 
under this section, the individual may submit a complaint relating to 
such matter to the Director of the Office of Hearings and Appeals of the 
Department of Energy.
    (j) Investigation by Office of Hearings and Appeals.--(1) For each 
complaint submitted under subsection (i), the Director of the Office of 
Hearings and Appeals shall--
            (A) determine whether or not the complaint is frivolous; and
            (B) if the Director determines the complaint is not 
        frivolous, conduct an investigation of the complaint.

    (2) <<NOTE: Reports.>> The Director shall submit a report on each 
investigation undertaken under paragraph (1)(B) to--
            (A) the individual who submitted the complaint on which the 
        investigation is based;
            (B) the contractor concerned, if any; and
            (C) the Secretary of Energy.

    (k) Remedial Action.--(1) Whenever the Secretary determines that a 
covered individual has been discharged, demoted, or otherwise 
discriminated against as a reprisal for making a protected disclosure 
under this section, the Secretary shall--

[[Page 113 STAT. 948]]

            (A) in the case of a Department employee, take appropriate 
        actions to abate the action; or
            (B) in the case of a contractor employee, order the 
        contractor concerned to take appropriate actions to abate the 
        action.

    (2)(A) If a contractor fails to comply with an order issued under 
paragraph (1)(B), the Secretary may file an action for enforcement of 
the order in the appropriate United States district court.
    (B) In any action brought under subparagraph (A), the court may 
grant appropriate relief, including injunctive relief and compensatory 
and exemplary damages.
    (l) Relationship to Other Laws.--The protections provided by this 
section are independent of, and not subject to any limitations that may 
be provided in, the Whistleblower Protection Act of 1989 (Public Law 
101-512) or any other law that may provide protection for disclosures of 
information by employees of the Department of Energy or of a contractor 
of the Department.
    (m) Annual <<NOTE: Deadline.>> Report.--(1) Not later than 30 days 
after the commencement of each fiscal year, the Director shall submit to 
the Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the investigations 
undertaken under subsection (j)(1)(B) during the preceding fiscal year, 
including a summary of the results of each such investigation.

    (2) A report under paragraph (1) may not identify or otherwise 
provide any information about an individual submitting a complaint under 
this section without the consent of the individual.
    (n) Implementation Report.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report describing the implementation of 
the program required by this section.

                        Subtitle F--Other Matters

SEC. 3171. REQUIREMENT FOR PLAN TO IMPROVE REPROGRAMMING 
                          PROCESSES.

    Not <<NOTE: Deadline.>> later than November 15, 1999, the Secretary 
of Energy shall submit to the congressional defense committees a report 
on improving the reprogramming processes relating to the defense 
activities of the Department of Energy. The report shall include a plan 
to ensure that the reprogramming requests of the Department relating to 
those activities are submitted in a timely and disciplined manner.
SEC. 3172. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.

    (a) Plan.--The Secretary of Energy shall develop a long-term plan 
for the integrated management of fissile materials by the Department of 
Energy. The plan shall--
            (1) identify means of coordinating or integrating the 
        responsibilities of the Office of Environmental Management, the 
        Office of Fissile Materials Disposition, the Office of Nuclear 
        Energy, and the Office of Defense Programs for the treatment, 
        storage and disposition of fissile materials, and for the waste 
        streams

[[Page 113 STAT. 949]]

        containing fissile materials, in order to achieve budgetary and 
        other efficiencies in the discharge of those responsibilities; 
        and
            (2) identify any expenditures necessary at the sites that 
        are anticipated to have an enduring mission for plutonium 
        management in order to achieve the integrated management of 
        fissile materials by the Department.

    (b) Submittal <<NOTE: Deadline.>> to Congress.--The Secretary shall 
submit the plan required by subsection (a) to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives not later than March 31, 2000.
SEC. 3173. IDENTIFICATION <<NOTE: 50 USC 435 note.>> IN BUDGET 
                          MATERIALS OF AMOUNTS FOR 
                          DECLASSIFICATION ACTIVITIES AND 
                          LIMITATION ON EXPENDITURES FOR SUCH 
                          ACTIVITIES.

    (a) Amounts for Declassification of Records.--The Secretary of 
Energy shall include in the budget justification materials submitted to 
Congress in support of the Department of Energy budget for any fiscal 
year (as submitted with the budget of the President under section 
1105(a) of title 31, United States Code) 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 No. 12958 (50 U.S.C. 435 note), or any successor 
Executive order, or to comply with any statutory requirement to 
declassify Government records.
    (b) Certification Required With Respect To Automatic 
Declassification of Records.--No records of the Department of Energy 
that have not as of the date of the enactment of this Act been reviewed 
for declassification shall be subject to automatic declassification 
unless the Secretary of Energy certifies to Congress that such 
declassification would not harm the national security.
    (c) Report on Automatic Declassification of Department of Energy 
Records.--Not <<NOTE: Deadline.>> later than February 1, 2001, the 
Secretary of Energy shall submit to the Committee on Armed Services of 
the House of Representatives and the Committee on Armed Services of the 
Senate a report on the efforts of the Department of Energy relating to 
the declassification of classified records under the control of the 
Department of Energy. Such report shall include the following:
            (1) An assessment of whether the Department will be able to 
        review all relevant records for declassification before any date 
        established for automatic declassification.
            (2) An estimate of the number of records, if any, that the 
        Department will be unable to review for declassification before 
        any such date and the effect on national security of the 
        automatic declassification of those records.
            (3) An estimate of the length of time by which any such date 
        would need to be extended to avoid the automatic 
        declassification of records that have not yet been reviewed as 
        of such date.
SEC. 3174. SENSE OF CONGRESS REGARDING TECHNOLOGY TRANSFER 
                          COORDINATION FOR DEPARTMENT OF ENERGY 
                          NATIONAL LABORATORIES.

    (a) Technology <<NOTE: Deadline.>> Transfer Coordination.--It is the 
sense of Congress that, within 90 days after the date of the enactment 
of this Act, the Secretary of Energy should ensure, for each national 
laboratory, the following:

[[Page 113 STAT. 950]]

            (1) Consistency of technology transfer policies and 
        procedures with respect to patenting, licensing, and 
        commercialization.
            (2) 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.
SEC. 3175. PILOT <<NOTE: 42 USC 7257 note.>> PROGRAM FOR PROJECT 
                          MANAGEMENT OVERSIGHT REGARDING 
                          DEPARTMENT OF ENERGY CONSTRUCTION 
                          PROJECTS.

    (a) Requirement.--(1) The Secretary of Energy shall carry out a 
pilot program on use of project management oversight services (in this 
section referred to as ``PMO services'') for construction projects of 
the Department of Energy.
    (2) The purpose of the pilot program shall be to provide a basis for 
determining whether or not the use of competitively procured, external 
PMO services for those construction projects would permit the Department 
to control excessive costs and schedule delays associated with those 
construction projects that have large capital costs.
    (b) Projects Covered by Program.--(1) Subject to paragraph (2), the 
Secretary shall carry out the pilot program at construction projects 
selected by the Secretary. The projects shall include one or more 
construction projects authorized pursuant to section 3101 and one 
construction project authorized pursuant to section 3102.
    (2) Each project selected by the Secretary shall be a project having 
capital construction costs anticipated to be not less than $25,000,000.
    (c) Services Under Program.--The PMO services used under the pilot 
program shall include the following services:
            (1) Monitoring the overall progress of a project.
            (2) Determining whether or not a project is on schedule.
            (3) Determining whether or not a project is within budget.
            (4) Determining whether or not a project conforms with plans 
        and specifications approved by the Department.
            (5) Determining whether or not a project is being carried 
        out efficiently and effectively.
            (6) Any other management oversight services that the 
        Secretary considers appropriate for purposes of the pilot 
        program.

    (d) Procurement of Services Under Program.--Any PMO services 
procured under the pilot program shall be acquired--
            (1) on a competitive basis; and
            (2) from among commercial entities that--
                    (A) do not currently manage or operate facilities at 
                a location where the pilot program is being conducted; 
                and

[[Page 113 STAT. 951]]

                    (B) have an expertise in the management of large 
                construction projects.

    (e) Report.--Not <<NOTE: Deadline.>> later than February 1, 2000, 
the Secretary shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the pilot program. 
The report shall include the assessment of the Secretary as to the 
feasibility and desirability of using PMO services for construction 
projects of the Department.
SEC. 3176. PILOT PROGRAM OF DEPARTMENT OF ENERGY TO AUTHORIZE USE 
                          OF PRIOR YEAR UNOBLIGATED BALANCES FOR 
                          ACCELERATED SITE CLEANUP AT ROCKY FLATS 
                          ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.

    (a) Authority To Use Amounts.--The Secretary of Energy shall carry 
out a pilot program under which the Secretary may use prior year 
unobligated balances in the defense environment management account for 
the closure project of the Department of Energy at the Rocky Flats 
Environmental Technology Site, Colorado, for purposes of meeting 
accelerated cleanup schedule milestones with respect to that closure 
project. The amount of prior year unobligated balances that are 
obligated under the pilot program in any fiscal year may not exceed 
$15,000,000.
    (b) Notice <<NOTE: Deadline.>> of Intent to Use Authority.--Not less 
than 30 days before any obligation of funds under the pilot program 
under subsection (a), the Secretary shall notify the congressional 
defense committees of the intent of the Secretary to make such 
obligation.

    (c) Report <<NOTE: Deadline.>> on Pilot Program.--Not later than 
July 31, 2002, the Secretary shall submit to the congressional defense 
committees and the Committee on Commerce of the House of Representatives 
a report on the implementation of the pilot program carried out under 
subsection (a). The report shall include the following:
            (1) Any use of the authority under that pilot program.
            (2) The recommendations of the Secretary as to whether--
                    (A) the termination date in subsection (d) should be 
                extended; and
                    (B) the authority under that pilot program should be 
                applied to additional closure projects of the 
                Department.

    (d) Termination.--The authority to obligate funds under the pilot 
program shall cease to be in effect at the close of September 30, 2002.
SEC. 3177. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM ROCKY 
                          FLATS ENVIRONMENTAL TECHNOLOGY SITE, 
                          COLORADO, TO WASTE ISOLATION PILOT 
                          PLANT, NEW MEXICO.

    (a) Submittal of Proposed Schedule.--Not later than 60 days after 
the date of the enactment of this Act, the Secretary of Energy shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services and the Committee on Commerce of the House 
of Representatives a proposed schedule for shipment of mixed and unmixed 
transuranic waste from the Rocky Flats Environmental Technology Site, 
Colorado, to the Waste Isolation Pilot Plant, New Mexico. The proposed 
schedule shall identify a schedule for certifying, producing, and 
delivering appropriate shipping containers.
    (b) Requirements Regarding Schedule.--In preparing the schedule 
required under subsection (a), the Secretary shall assume the following:

[[Page 113 STAT. 952]]

            (1) That the Rocky Flats Environmental Technology Site will 
        have a closure date that is in 2006.
            (2) That all waste that is transferable from the Rocky Flats 
        Environmental Technology Site to the Waste Isolation Pilot Plant 
        will be removed from the Rocky Flats Environmental Technology 
        Site by that closure date as specified in the current 2006 Rocky 
        Flats Environmental Technology Site Closure Plan.
            (3) That, to the maximum extent practicable, shipments of 
        waste from the Rocky Flats Environmental Technology Site to the 
        Waste Isolation Pilot Plant will be carried out on an expedited 
        schedule, but not interfere with other shipments of waste to the 
        Waste Isolation Pilot Plant that are planned as of the date of 
        the enactment of this Act.
SEC. 3178. COMPTROLLER GENERAL REPORT ON CLOSURE OF ROCKY FLATS 
                          ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.

    (a) Report.--Not <<NOTE: Deadline.>> later than December 31, 2000, 
the Comptroller General shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report assessing the 
progress in the closure of the Rocky Flats Environmental Technology 
Site, Colorado.

    (b) Report Elements.--The report shall address and make 
recommendations on the following:
            (1) How decisions with respect to the future use of the 
        Rocky Flats Environmental Technology Site affect ongoing cleanup 
        at the site.
            (2) How failure to make decisions with respect to the future 
        use of the Rocky Flats site affect ongoing cleanup at that site.
            (3) Whether the Secretary of Energy could provide additional 
        flexibility to the contractor at the Rocky Flats site in order 
        to accelerate the cleanup of that site.
            (4) Whether the Secretary could take additional actions 
        throughout the nuclear weapons complex of the Department of 
        Energy in order to accelerate the closure of the Rocky Flats 
        site.
            (5) The developments, if any, since the April 1999 report of 
        the Comptroller General that could alter the pace of the closure 
        of the Rocky Flats site.
            (6) The possibility of closure of the Rocky Flats site by 
        2006.
            (7) The actions that should be taken by the Secretary or 
        Congress to ensure that the Rocky Flats site will be closed by 
        2006.
            (8) The impact of the schedule to transport mixed and 
        unmixed transuranic waste on the ability of the Secretary to 
        close the Rocky Flats site by 2006.
SEC. 3179. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT PLANT, NEW 
                          MEXICO.

    Section 1433(a) of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 2073) is amended in the second 
sentence by striking ``nine additional one-year periods'' and inserting 
``fourteen additional one-year periods''.

[[Page 113 STAT. 953]]

  TITLE <<NOTE: National Nuclear Security Administration Act.>> XXXII--
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Sec. 3201. Short title.
Sec. 3202. Under Secretary for Nuclear Security of Department of Energy.
Sec. 3203. Establishment of policy for National Nuclear Security 
                      Administration.
Sec. 3204. Organization of Department of Energy counterintelligence and 
                      intelligence programs and activities.

               Subtitle A--Establishment and Organization

Sec. 3211. Establishment and mission.
Sec. 3212. Administrator for Nuclear Security.
Sec. 3213. Status of Administration and contractor personnel within 
                      Department of Energy.
Sec. 3214. Deputy Administrator for Defense Programs.
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation.
Sec. 3216. Deputy Administrator for Naval Reactors.
Sec. 3217. General Counsel.
Sec. 3218. Staff of Administration.

                Subtitle B--Matters Relating to Security

Sec. 3231. Protection of national security information.
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of 
                      Defense Nuclear Security.
Sec. 3233. Counterintelligence programs.
Sec. 3234. Procedures relating to access by individuals to classified 
                      areas and information of Administration.
Sec. 3235. Government access to information on Administration computers.
Sec. 3236. Congressional oversight of special access programs.

                Subtitle C--Matters Relating to Personnel

Sec. 3241. Authority to establish certain scientific, engineering, and 
                      technical positions.
Sec. 3242. Voluntary early retirement authority.
Sec. 3243. Severance pay.
Sec. 3244. Continued coverage of health care benefits.

               Subtitle D--Budget and Financial Management

Sec. 3251. Separate treatment in budget.
Sec. 3252. Planning, programming, and budgeting process.
Sec. 3253. Future-years nuclear security program.

                  Subtitle E--Miscellaneous Provisions

Sec. 3261. Environmental protection, safety, and health requirements.
Sec. 3262. Compliance with Federal Acquisition Regulation.
Sec. 3263. Sharing of technology with Department of Defense.
Sec. 3264. Use of capabilities of national security laboratories by 
                      entities outside the Administration.

                         Subtitle F--Definitions

Sec. 3281. Definitions.

Subtitle G--Amendatory Provisions, Transition Provisions, and Effective 
                                  Dates

Sec. 3291. Functions transferred.
Sec. 3292. Transfer of funds and employees.
Sec. 3293. Pay levels.
Sec. 3294. Conforming amendments.
Sec. 3295. Transition provisions.
Sec. 3296. Applicability of preexisting laws and regulations.
Sec. 3297. Report containing implementation plan of Secretary of Energy.
Sec. 3298. Classification in United States Code.
Sec. 3299. Effective dates.

SEC. 3201. <<NOTE: 50 USC 2401 note.>>  SHORT TITLE.

    This title may be cited as the ``National Nuclear Security 
Administration Act''.

[[Page 113 STAT. 954]]

SEC. 3202. UNDER SECRETARY FOR NUCLEAR SECURITY OF DEPARTMENT OF 
                          ENERGY.

    Section 202 of the Department of Energy Organization Act (42 U.S.C. 
7132) is amended by adding at the end the following new subsection:
    ``(c)(1) There shall be in the Department an Under Secretary for 
Nuclear Security, who shall be appointed by the President, by and with 
the advice and consent of the Senate. The Under Secretary shall be 
compensated at the rate provided for at level III of the Executive 
Schedule under section 5314 of title 5, United States Code.
    ``(2) The Under Secretary for Nuclear Security shall be appointed 
from among persons who--
            ``(A) have extensive background in national security, 
        organizational management, and appropriate technical fields; and
            ``(B) are well qualified to manage the nuclear weapons, 
        nonproliferation, and materials disposition programs of the 
        National Nuclear Security Administration in a manner that 
        advances and protects the national security of the United 
        States.

    ``(3) The Under Secretary for Nuclear Security shall serve as the 
Administrator for Nuclear Security under section 3212 of the National 
Nuclear Security Administration Act. In carrying out the functions of 
the Administrator, the Under Secretary shall be subject to the 
authority, direction, and control of the Secretary. Such authority, 
direction, and control may be delegated only to the Deputy Secretary of 
Energy, without redelegation.''.
SEC. 3203. ESTABLISHMENT OF POLICY FOR NATIONAL NUCLEAR SECURITY 
                          ADMINISTRATION.

    (a) Establishment of Policy for Administration.--The Department of 
Energy Organization Act is amended by adding at the end of title II (42 
U.S.C. 7131 et seq.) the following new section:

 ``establishment of policy for national nuclear security administration

    ``Sec. 213. (a) <<NOTE: 42 USC 7144.>> The Secretary shall be 
responsible for establishing policy for the National Nuclear Security 
Administration.

    ``(b) The Secretary may direct officials of the Department who are 
not within the National Nuclear Security Administration to review the 
programs and activities of the Administration and to make 
recommendations to the Secretary regarding administration of those 
programs and activities, including consistency with other similar 
programs and activities of the Department.
    ``(c) The Secretary shall have adequate staff to support the 
Secretary in carrying out the Secretary's responsibilities under this 
section.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
the Department of Energy Organization Act is amended by inserting after 
the item relating to section 212 the following new item:

``213. Establishment of policy for National Nuclear Security 
           Administration.''.

[[Page 113 STAT. 955]]

SEC. 3204. ORGANIZATION OF DEPARTMENT OF ENERGY 
                          COUNTERINTELLIGENCE AND INTELLIGENCE 
                          PROGRAMS AND ACTIVITIES.

    (a) Establishment of Offices.--The Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.) is amended by inserting after section 213, 
as added by section 3203(a), the following new sections:

   ``establishment of security, counterintelligence, and intelligence 
                                policies

    ``Sec. 214. <<NOTE: 42 USC 7144a.>> The Secretary shall be 
responsible for developing and promulgating the security, 
counterintelligence, and intelligence policies of the Department. The 
Secretary may use the immediate staff of the Secretary to assist in 
developing and promulgating those policies.

                     ``office of counterintelligence

    ``Sec. <<NOTE: 42 USC 7144b.>> 215. (a) There is within the 
Department an Office of Counterintelligence.

    ``(b)(1) The head of the Office shall be the Director of the Office 
of Counterintelligence, which shall be a position in the Senior 
Executive Service. The Director of the Office shall report directly to 
the Secretary.
    ``(2) The Secretary shall select the Director of the Office from 
among individuals who have substantial expertise in matters relating to 
counterintelligence.
    ``(3) The Director of the Federal Bureau of Investigation may 
detail, on a reimbursable basis, any employee of the Bureau to the 
Department for service as Director of the Office. The service of an 
employee of the Bureau as Director of the Office shall not result in any 
loss of status, right, or privilege by the employee within the Bureau.
    ``(c)(1) The Director of the Office shall be responsible for 
establishing policy for counterintelligence programs and activities at 
Department facilities in order to reduce the threat of disclosure or 
loss of classified and other sensitive information at such facilities.
    ``(2) The Director of the Office shall be responsible for 
establishing policy for the personnel assurance programs of the 
Department.
    ``(3) The Director shall inform the Secretary, the Director of 
Central Intelligence, and the Director of the Federal Bureau of 
Investigation on a regular basis, and upon specific request by any such 
official, regarding the status and effectiveness of the 
counterintelligence programs and activities at Department facilities.
    ``(d)(1) <<NOTE: Reports. Deadline.>> Not later than March 1 each 
year, the Director of the Office shall submit a report on the status and 
effectiveness of the counterintelligence programs and activities at each 
Department facility during the preceding year. Each such report shall be 
submitted to the following:
            ``(A) The Secretary.
            ``(B) The Director of Central Intelligence.
            ``(C) The Director of the Federal Bureau of Investigation.
            ``(D) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

[[Page 113 STAT. 956]]

            ``(E) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.

    ``(2) Each such report shall include for the year covered by the 
report the following:
            ``(A) A description of the status and effectiveness of the 
        counterintelligence programs and activities at Department 
        facilities.
            ``(B) A description of any violation of law or other 
        requirement relating to intelligence, counterintelligence, or 
        security at such facilities, including--
                    ``(i) the number of violations that were 
                investigated; and
                    ``(ii) the number of violations that remain 
                unresolved.
            ``(C) A description of the number of foreign visitors to 
        Department facilities, including the locations of the visits of 
        such visitors.
            ``(D) The adequacy of the Department's procedures and 
        policies for protecting national security information, making 
        such recommendations to Congress as may be appropriate.
            ``(E) A determination of whether each Department of Energy 
        national laboratory is in full compliance with all departmental 
        security requirements and, in the case of any such laboratory 
        that is not, what measures are being taken to bring that 
        laboratory into compliance.

    ``(3) <<NOTE: Deadline.>> Not less than 30 days before the date that 
the report required by paragraph (1) is submitted, the director of each 
Department of Energy national laboratory shall certify in writing to the 
Director of the Office whether that laboratory is in full compliance 
with all departmental security requirements and, if not, what measures 
are being taken to bring that laboratory into compliance and a schedule 
for implementing those measures.

    ``(4) Each report under this subsection as submitted to the 
committees referred to in subparagraphs (D) and (E) of paragraph (1) 
shall be submitted in unclassified form, but may include a classified 
annex.

                        ``office of intelligence

    ``Sec. 216. <<NOTE: 42 USC 7144c.>> (a) There is within the 
Department an Office of Intelligence.

    ``(b)(1) The head of the Office shall be the Director of the Office 
of Intelligence, which shall be a position in the Senior Executive 
Service. The Director of the Office shall report directly to the 
Secretary.
    ``(2) The Secretary shall select the Director of the Office from 
among individuals who have substantial expertise in matters relating to 
foreign intelligence.
    ``(c) Subject to the authority, direction, and control of the 
Secretary, the Director of the Office shall perform such duties and 
exercise such powers as the Secretary may prescribe.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
the Department of Energy Organization Act is amended by inserting after 
the item relating to section 213, as added by section 3203(b), the 
following new items:

``214. Establishment of security, counterintelligence, and intelligence 
          policies.
``215. Office of Counterintelligence.
``216. Office of Intelligence.''.

[[Page 113 STAT. 957]]

               Subtitle A--Establishment and Organization

SEC. 3211. <<NOTE: 50 USC 2401.>> ESTABLISHMENT AND MISSION.

    (a) Establishment.--There is established within the Department of 
Energy a separately organized agency to be known as the National Nuclear 
Security Administration (in this title referred to as the 
``Administration'').
    (b) Mission.--The mission of the Administration shall be the 
following:
            (1) To enhance United States national security through the 
        military application of nuclear energy.
            (2) To maintain and enhance the safety, reliability, and 
        performance of the United States nuclear weapons stockpile, 
        including the ability to design, produce, and test, in order to 
        meet national security requirements.
            (3) To provide the United States Navy with safe, militarily 
        effective nuclear propulsion plants and to ensure the safe and 
        reliable operation of those plants.
            (4) To promote international nuclear safety and 
        nonproliferation.
            (5) To reduce global danger from weapons of mass 
        destruction.
            (6) To support United States leadership in science and 
        technology.

    (c) Operations and Activities To Be Carried Out Consistent With 
Certain Principles.--In carrying out the mission of the Administration, 
the Administrator shall ensure that all operations and activities of the 
Administration are consistent with the principles of protecting the 
environment and safeguarding the safety and health of the public and of 
the workforce of the Administration.

SEC. 3212. <<NOTE: 50 USC 2402.>> ADMINISTRATOR FOR NUCLEAR SECURITY.

    (a) In General.--(1) There is at the head of the Administration an 
Administrator for Nuclear Security (in this title referred to as the 
``Administrator'').
    (2) Pursuant to subsection (c) of section 202 of the Department of 
Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of 
this Act, the Under Secretary for Nuclear Security of the Department of 
Energy serves as the Administrator.
    (b) Functions.--The Administrator has authority over, and is 
responsible for, all programs and activities of the Administration 
(except for the functions of the Deputy Administrator for Naval Reactors 
specified in the Executive order referred to in section 3216(b)), 
including the following:
            (1) Strategic management.
            (2) Policy development and guidance.
            (3) Budget formulation, guidance, and execution, and other 
        financial matters.
            (4) Resource requirements determination and allocation.
            (5) Program management and direction.
            (6) Safeguards and security.
            (7) Emergency management.
            (8) Integrated safety management.
            (9) Environment, safety, and health operations.

[[Page 113 STAT. 958]]

            (10) Administration of contracts, including the management 
        and operations of the nuclear weapons production facilities and 
        the national security laboratories.
            (11) Intelligence.
            (12) Counterintelligence.
            (13) Personnel, including the selection, appointment, 
        distribution, supervision, establishing of compensation, and 
        separation of personnel in accordance with subtitle C of this 
        title.
            (14) Procurement of services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code.
            (15) Legal matters.
            (16) Legislative affairs.
            (17) Public affairs.
            (18) Liaison with other elements of the Department of Energy 
        and with other Federal agencies, State, tribal, and local 
        governments, and the public.

    (c) Procurement Authority.--The Administrator is the senior 
procurement executive for the Administration for the purposes of section 
16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 
414(3)).
    (d) Policy Authority.--The Administrator may establish 
Administration-specific policies, unless disapproved by the Secretary of 
Energy.
SEC. 3213. STATUS <<NOTE: 50 USC 2403.>> OF ADMINISTRATION AND 
                          CONTRACTOR PERSONNEL WITHIN DEPARTMENT 
                          OF ENERGY.

    (a) Status of Administration Personnel.--Each officer or employee of 
the Administration, in carrying out any function of the Administration--
            (1) shall be responsible to and subject to the authority, 
        direction, and control of--
                    (A) the Secretary acting through the Administrator 
                and consistent with section 202(c)(3) of the Department 
                of Energy Organization Act;
                    (B) the Administrator; or
                    (C) the Administrator's designee within the 
                Administration; and
            (2) shall not be responsible to, or subject to the 
        authority, direction, or control of, any other officer, 
        employee, or agent of the Department of Energy.

    (b) Status of Contractor Personnel.--Each officer or employee of a 
contractor of the Administration, in carrying out any function of the 
Administration, shall not be responsible to, or subject to the 
authority, direction, or control of, any officer, employee, or agent of 
the Department of Energy who is not an employee of the Administration, 
except for the Secretary of Energy consistent with section 202(c)(3) of 
the Department of Energy Organization Act.
    (c) Construction of Section.--Subsections (a) and (b) may not be 
interpreted to in any way preclude or interfere with the communication 
of technical findings derived from, and in accord with, duly authorized 
activities between (1) the head, or any contractor employee, of a 
national security laboratory or of a nuclear weapons production 
facility, and (2) the Department of Energy, the President, or Congress.

[[Page 113 STAT. 959]]

SEC. 3214. DEPUTY <<NOTE: 50 USC 2404.>> ADMINISTRATOR FOR DEFENSE 
                          PROGRAMS.

    (a) In General.--There is in the Administration a Deputy 
Administrator for Defense Programs, who is appointed by the President, 
by and with the advice and consent of the Senate.
    (b) Duties.--Subject to the authority, direction, and control of the 
Administrator, the Deputy Administrator for Defense Programs shall 
perform such duties and exercise such powers as the Administrator may 
prescribe, including the following:
            (1) Maintaining and enhancing the safety, reliability, and 
        performance of the United States nuclear weapons stockpile, 
        including the ability to design, produce, and test, in order to 
        meet national security requirements.
            (2) Directing, managing, and overseeing the nuclear weapons 
        production facilities and the national security laboratories.
            (3) Directing, managing, and overseeing assets to respond to 
        incidents involving nuclear weapons and materials.

    (c) Relationship to Laboratories and Facilities.--The head of each 
national security laboratory and nuclear weapons production facility 
shall, consistent with applicable contractual obligations, report to the 
Deputy Administrator for Defense Programs.
SEC. 3215. DEPUTY <<NOTE: 50 USC 2405.>> ADMINISTRATOR FOR DEFENSE 
                          NUCLEAR NONPROLIFERATION.

    (a) In General.--There is in the Administration a Deputy 
Administrator for Defense Nuclear Nonproliferation, who is appointed by 
the President, by and with the advice and consent of the Senate.
    (b) Duties.--Subject to the authority, direction, and control of the 
Administrator, the Deputy Administrator for Defense Nuclear 
Nonproliferation shall perform such duties and exercise such powers as 
the Administrator may prescribe, including the following:
            (1) Preventing the spread of materials, technology, and 
        expertise relating to weapons of mass destruction.
            (2) Detecting the proliferation of weapons of mass 
        destruction worldwide.
            (3) Eliminating inventories of surplus fissile materials 
        usable for nuclear weapons.
            (4) Providing for international nuclear safety.
SEC. 3216. DEPUTY <<NOTE: 50 USC 2406.>> ADMINISTRATOR FOR NAVAL 
                          REACTORS.

    (a) In General.--(1) There is in the Administration a Deputy 
Administrator for Naval Reactors. The director of the Naval Nuclear 
Propulsion Program provided for under the Naval Nuclear Propulsion 
Executive Order shall serve as the Deputy Administrator for Naval 
Reactors.
    (2) Within the Department of Energy, the Deputy Administrator shall 
report to the Secretary of Energy through the Administrator and shall 
have direct access to the Secretary and other senior officials in the 
Department.
    (b) Duties.--The Deputy Administrator shall be assigned the 
responsibilities, authorities, and accountability for all functions of 
the Office of Naval Reactors under the Naval Nuclear Propulsion 
Executive Order.
    (c) Effect on Executive Order.--Except as otherwise specified in 
this section and notwithstanding any other provision of

[[Page 113 STAT. 960]]

this title, the provisions of the Naval Nuclear Propulsion Executive 
Order remain in full force and effect until changed by law.
    (d) Naval Nuclear Propulsion Executive Order.--As used in this 
section, the Naval Nuclear Propulsion Executive Order is Executive Order 
No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) (as in force 
pursuant to section 1634 of the Department of Defense Authorization Act, 
1985 (Public Law 98-525; 42 U.S.C. 7158 note)).

SEC. 3217. <<NOTE: 50 USC 2407.>> GENERAL COUNSEL.

    There is a General Counsel of the Administration. The General 
Counsel is the chief legal officer of the Administration.

SEC. 3218. <<NOTE: 50 USC 2408.>> STAFF OF ADMINISTRATION.

    (a) In General.--The Administrator shall maintain within the 
Administration sufficient staff to assist the Administrator in carrying 
out the duties and responsibilities of the Administrator.
    (b) Responsibilities.--The staff of the Administration shall 
perform, in accordance with applicable law, such of the functions of the 
Administrator as the Administrator shall prescribe. The Administrator 
shall assign to the staff responsibility for the following functions:
            (1) Personnel.
            (2) Legislative affairs.
            (3) Public affairs.
            (4) Liaison with other elements of the Department of Energy 
        and with other Federal agencies, State, tribal, and local 
        governments, and the public.

                Subtitle B--Matters Relating to Security

SEC. 3231. PROTECTION <<NOTE: 50 USC 2421.>> OF NATIONAL SECURITY 
                          INFORMATION.

    (a) Policies and Procedures Required.--The Administrator shall 
establish procedures to ensure the maximum protection of classified 
information in the possession of the Administration.
    (b) Prompt Reporting.--The Administrator shall establish procedures 
to ensure prompt reporting to the Administrator of any significant 
problem, abuse, violation of law or Executive order, or deficiency 
relating to the management of classified information by personnel of the 
Administration.
SEC. 3232. OFFICE <<NOTE: 50 USC 2422.>> OF DEFENSE NUCLEAR 
                          COUNTERINTELLIGENCE AND OFFICE OF 
                          DEFENSE NUCLEAR SECURITY.

    (a) Establishment.--(1) There are within the Administration--
            (A) an Office of Defense Nuclear Counterintelligence; and
            (B) an Office of Defense Nuclear Security.

    (2) Each office established under paragraph (1) shall be headed by a 
Chief appointed by the Secretary of Energy. The Administrator shall 
recommend to the Secretary suitable candidates for each such position.
    (b) Chief of Defense Nuclear Counterintelligence.--(1) The head of 
the Office of Defense Nuclear Counterintelligence is the Chief of 
Defense Nuclear Counterintelligence, who shall report to the 
Administrator and shall implement the counterintelligence policies 
directed by the Secretary and Administrator.
    (2) The Secretary shall appoint the Chief, in consultation with the 
Director of the Federal Bureau of Investigation, from among

[[Page 113 STAT. 961]]

individuals who have special expertise in counterintelligence. If an 
individual to serve as the Chief of Defense Nuclear Counterintelligence 
is a Federal employee of an entity other than the Administration, the 
service of that employee as Chief shall not result in any loss of 
employment status, right, or privilege by that employee.
    (3) The Chief shall have direct access to the Secretary and all 
other officials of the Department and the contractors of the Department 
concerning counterintelligence matters.
    (4) The Chief shall be responsible for--
            (A) the development and implementation of the 
        counterintelligence programs of the Administration to prevent 
        the disclosure or loss of classified or other sensitive 
        information; and
            (B) the development and administration of personnel 
        assurance programs within the Administration.

    (c) Chief of Defense Nuclear Security.--(1) The head of the Office 
of Defense Nuclear Security is the Chief of Defense Nuclear Security, 
who shall report to the Administrator and shall implement the security 
policies directed by the Secretary and Administrator.
    (2) The Chief shall have direct access to the Secretary and all 
other officials of the Department and the contractors of the Department 
concerning security matters.
    (3) The Chief shall be responsible for the development and 
implementation of security programs for the Administration, including 
the protection, control and accounting of materials, and for the 
physical and cyber security for all facilities of the Administration.

SEC. 3233. <<NOTE: 50 USC 2423.>> COUNTERINTELLIGENCE PROGRAMS.

    (a) National Security Laboratories and Nuclear Weapons Production 
Facilities.--The Administrator shall, at each national security 
laboratory and nuclear weapons production facility, establish and 
maintain a counterintelligence program adequate to protect national 
security information at that laboratory or production facility.
    (b) Other Facilities.--The Administrator shall, at each 
Administration facility not described in subsection (a) at which 
Restricted Data is located, assign an employee of the Office of Defense 
Nuclear Counterintelligence who shall be responsible for and assess 
counterintelligence matters at that facility.
SEC. 3234. PROCEDURES <<NOTE: 50 USC 2424.>> RELATING TO ACCESS BY 
                          INDIVIDUALS TO CLASSIFIED AREAS AND 
                          INFORMATION OF ADMINISTRATION.

    The Administrator shall establish appropriate procedures to ensure 
that any individual is not permitted unescorted access to any classified 
area, or access to classified information, of the Administration until 
that individual has been verified to hold the appropriate security 
clearances.
SEC. 3235. GOVERNMENT <<NOTE: 50 USC 2425.>> ACCESS TO INFORMATION 
                          ON ADMINISTRATION COMPUTERS.

    (a) Procedures Required.--The Administrator shall establish 
procedures to govern access to information on Administration computers. 
Those procedures shall, at a minimum, provide that any individual who 
has access to information on an Administration

[[Page 113 STAT. 962]]

computer shall be required as a condition of such access to provide to 
the Administrator written consent which permits access by an authorized 
investigative agency to any Administration computer used in the 
performance of the duties of such employee during the period of that 
individual's access to information on an Administration computer and for 
a period of three years thereafter.
    (b) Expectation of Privacy in Administration Computers.--
Notwithstanding any other provision of law (including any provision of 
law enacted by the Electronic Communications Privacy Act of 1986), no 
user of an Administration computer shall have any expectation of privacy 
in the use of that computer.
    (c) Definition.--For purposes of this section, 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.
SEC. 3236. CONGRESSIONAL <<NOTE: 50 USC 2426.>> OVERSIGHT OF 
                          SPECIAL ACCESS PROGRAMS.

    (a) Annual Report on Special Access Programs.--(1) Not later than 
February 1 of each year, the Administrator shall submit to the 
congressional defense committees a report on special access programs of 
the Administration.
    (2) Each such report shall set forth--
            (A) the total amount requested for such programs in the 
        President's budget for the next fiscal year submitted under 
        section 1105 of title 31, United States Code; and
            (B) for each such program in that budget, the following:
                    (i) A brief description of the program.
                    (ii) A brief discussion of the major milestones 
                established for the program.
                    (iii) The actual cost of the program for each fiscal 
                year during which the program has been conducted before 
                the fiscal year during which that budget is submitted.
                    (iv) The estimated total cost of the program and the 
                estimated cost of the program for (I) the current fiscal 
                year, (II) the fiscal year for which the budget is 
                submitted, and (III) each of the four succeeding fiscal 
                years during which the program is expected to be 
                conducted.

    (b) Annual Report on New Special Access Programs.--
(1) <<NOTE: Deadline.>> Not later than February 1 of each year, the 
Administrator shall submit to the congressional defense committees a 
report that, with respect to each new special access program, provides--
            (A) notice of the designation of the program as a special 
        access program; and
            (B) justification for such designation.

    (2) A report under paragraph (1) with respect to a program shall 
include--
            (A) the current estimate of the total program cost for the 
        program; and
            (B) an identification of existing programs or technologies 
        that are similar to the technology, or that have a mission 
        similar to the mission, of the program that is the subject of 
        the notice.

[[Page 113 STAT. 963]]

    (3) In this subsection, the term ``new special access program'' 
means a special access program that has not previously been covered in a 
notice and justification under this subsection.
    (c) Reports on Changes in Classification of Special Access 
Programs.--(1) Whenever a change in the classification of a special 
access program of the Administration is planned to be made or whenever 
classified information concerning a special access program of the 
Administration is to be declassified and made public, the Administrator 
shall submit to the congressional defense committees a report containing 
a description of the proposed change, the reasons for the proposed 
change, and notice of any public announcement planned to be made with 
respect to the proposed change.
    (2) <<NOTE: Deadline.>> Except as provided in paragraph (3), any 
report referred to in paragraph (1) shall be submitted not less than 14 
days before the date on which the proposed change or public announcement 
is to occur.

    (3) If the Administrator determines that because of exceptional 
circumstances the requirement of paragraph (2) cannot be met with 
respect to a proposed change or public announcement concerning a special 
access program of the Administration, the Administrator may submit the 
report required by paragraph (1) regarding the proposed change or public 
announcement at any time before the proposed change or public 
announcement is made and shall include in the report an explanation of 
the exceptional circumstances.
    (d) Notice of Change in SAP Designation Criteria.--Whenever there is 
a modification or termination of the policy and criteria used for 
designating a program of the Administration as a special access program, 
the Administrator shall promptly notify the congressional defense 
committees of such modification or termination. Any such notification 
shall contain the reasons for the modification or termination and, in 
the case of a modification, the provisions of the policy as modified.
    (e) Waiver Authority.--(1) The Administrator may waive any 
requirement under subsection (a), (b), or (c) that certain information 
be included in a report under that subsection if the Administrator 
determines that inclusion of that information in the report would 
adversely affect the national security. The Administrator may waive the 
report-and-wait requirement in subsection (f) if the Administrator 
determines that compliance with such requirement would adversely affect 
the national security. Any waiver under this paragraph shall be made on 
a case-by-case basis.
    (2) If the Administrator exercises the authority provided under 
paragraph (1), the Administrator shall provide the information described 
in that subsection with respect to the special access program concerned, 
and the justification for the waiver, jointly to the chairman and 
ranking minority member of each of the congressional defense committees.
    (f) Report and Wait for Initiating New Programs.--A special access 
program may not be initiated until--
            (1) the congressional defense committees are notified of the 
        program; and
            (2) a period of 30 days elapses after such notification is 
        received.

[[Page 113 STAT. 964]]

                Subtitle C--Matters Relating to Personnel

SEC. 3241. AUTHORITY <<NOTE: 50 USC 2441.>> TO ESTABLISH CERTAIN 
                          SCIENTIFIC, ENGINEERING, AND TECHNICAL 
                          POSITIONS.

    The Administrator may, for the purposes of carrying out the 
responsibilities of the Administrator under this title, establish not 
more than 300 scientific, engineering, and technical positions in the 
Administration, appoint individuals to such positions, and fix the 
compensation of such individuals. Subject to the limitations in the 
preceding sentence, the authority of the Administrator to make 
appointments and fix compensation with respect to positions in the 
Administration under this section shall be equivalent to, and subject to 
the limitations of, the authority under section 161 d. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2201(d)) to make appointments and fix 
compensation with respect to officers and employees described in such 
section.
SEC. 3242. VOLUNTARY <<NOTE: 50 USC 2442.>> EARLY RETIREMENT 
                          AUTHORITY.

    (a) Authority.--An employee of the Department of Energy who is 
separated from the service under conditions described in subsection (b) 
after completing 25 years of service or after becoming 50 years of age 
and completing 20 years of service is entitled to an annuity in 
accordance with the provisions in chapter 83 or 84 of title 5, United 
States Code, as applicable.
    (b) Conditions of Separation.--Subsection (a) applies to an employee 
who--
            (1) has been employed continuously by the Department of 
        Energy for more than 30 days before the date on which the 
        Secretary of Energy makes the determination required under 
        paragraph (4)(A);
            (2) is serving under an appointment that is not limited by 
        time;
            (3) has not received a decision notice of involuntary 
        separation for misconduct or unacceptable performance that is 
        pending decision; and
            (4) is separated from the service voluntarily during a 
        period with respect to which--
                    (A) the Secretary of Energy determines that the 
                Department of Energy is undergoing a major 
                reorganization as a result of the establishment of the 
                National Nuclear Security Administration; and
                    (B) the employee is within the scope of an offer of 
                voluntary early retirement (as defined by organizational 
                unit, occupational series or level, geographical 
                location, any other similar factor that the Office of 
                Personnel Management determines appropriate, or any 
                combination of such definitions of scope), as determined 
                by the Secretary under regulations prescribed by the 
                Office.

    (c) Treatment of Employees.--For purposes of chapters 83 and 84 of 
title 5, United States Code (including for purposes of computation of an 
annuity under such chapters), an employee entitled to an annuity under 
this section shall be treated as an employee entitled to an annuity 
under section 8336(d) or 8414(b) of such title, as applicable.
    (d) Definitions.--As used in this section, the terms ``employee'' 
and ``annuity''--

[[Page 113 STAT. 965]]

            (1) with respect to individuals covered by the Civil Service 
        Retirement System established in subchapter III of chapter 83 of 
        title 5, United States Code, have the meaning of such terms as 
        used in such chapter; and
            (2) with respect to individuals covered by the Federal 
        Employees Retirement System established in chapter 84 of such 
        title, have the meaning of such terms as used in such chapter.

    (e) Limitation and Termination of Authority.--The authority provided 
in subsection (a)--
            (1) may be applied with respect to a total of not more than 
        600 employees of the Department of Energy; and
            (2) shall expire on September 30, 2003.

SEC. 3243. SEVERANCE PAY.

    Section 5595 of title 5, United States Code, is amended by adding at 
the end the following new subsection:
    ``(j)(1) In the case of an employee of the Department of Energy who 
is entitled to severance pay under this section as a result of the 
establishment of the National Nuclear Security Administration, the 
Secretary of Energy may, upon application by the employee, pay the total 
amount of the severance pay to the employee in one lump sum.
    ``(2)(A) If an employee paid severance pay in a lump sum under this 
subsection is reemployed by the Government of the United States or the 
government of the District of Columbia at such time that, had the 
employee been paid severance pay in regular pay periods under subsection 
(b), the payments of such pay would have been discontinued under 
subsection (d) upon such reemployment, the employee shall repay to the 
Department of Energy an amount equal to the amount of severance pay to 
which the employee was entitled under this section that would not have 
been paid to the employee under subsection (d) by reason of such 
reemployment.
    ``(B) The period of service represented by an amount of severance 
pay repaid by an employee under subparagraph (A) shall be considered 
service for which severance pay has not been received by the employee 
under this section.
    ``(C) Amounts repaid to the Department of Energy under this 
paragraph shall be credited to the appropriation available for the pay 
of employees of the agency for the fiscal year in which received. 
Amounts so credited shall be merged with, and shall be available for the 
same purposes and the same period as, the other funds in that 
appropriation.
    ``(3) If an employee fails to repay to the Department of Energy an 
amount required to be repaid under paragraph (2)(A), that amount is 
recoverable from the employee as a debt due the United States.''.
SEC. 3244. CONTINUED COVERAGE OF HEALTH CARE BENEFITS.

    Section 8905a(d)(4)(A) of title 5, United States Code, is amended by 
inserting ``, or the Department of Energy due to a reduction in force 
resulting from the establishment of the National Nuclear Security 
Administration'' after ``reduction in force''.

[[Page 113 STAT. 966]]

               Subtitle D--Budget and Financial Management

SEC. 3251. SEPARATE <<NOTE: 50 USC 2451.>> TREATMENT IN BUDGET.

    (a) President's Budget.--In each budget submitted by the President 
to the Congress under section 1105 of title 31, United States Code, 
amounts requested for the Administration shall be set forth separately 
within the other amounts requested for the Department of Energy.
    (b) Budget Justification Materials.--In the budget justification 
materials submitted to Congress in support of each such budget, the 
amounts requested for the Administration shall be specified in 
individual, dedicated program elements.
SEC. 3252. PLANNING, <<NOTE: 50 USC 2452.>> PROGRAMMING, AND 
                          BUDGETING PROCESS.

    The Administrator shall establish procedures to ensure that the 
planning, programming, budgeting, and financial activities of the 
Administration comport with sound financial and fiscal management 
principles. Those procedures shall, at a minimum, provide for the 
planning, programming, and budgeting of activities of the Administration 
using funds that are available for obligation for a limited number of 
years.
SEC. 3253. FUTURE-YEARS <<NOTE: 50 USC 2453.>> NUCLEAR SECURITY 
                          PROGRAM.

    (a) Submission to Congress.--The Administrator shall submit to 
Congress each year, at or about the time that the President's budget is 
submitted to Congress that year under section 1105(a) of title 31, 
United States Code, a future-years nuclear security program (including 
associated annexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such future-years nuclear 
security program shall cover the fiscal year with respect to which the 
budget is submitted and at least the four succeeding fiscal years.
    (b) Elements.--Each future-years nuclear security program shall 
contain the following:
            (1) The estimated expenditures and proposed appropriations 
        necessary to support the programs, projects, and activities of 
        the Administration during the five-fiscal year period covered by 
        the program, expressed in a level of detail comparable to that 
        contained in the budget submitted by the President to Congress 
        under section 1105 of title 31, United States Code.
            (2) A description of the anticipated workload requirements 
        for each Administration site during that five-fiscal year 
        period.

    (c) Effect of Budget on Stockpile.--The Administrator shall include 
in the materials the Administrator submits to Congress in support of the 
budget for any fiscal year that is submitted by the President pursuant 
to section 1105 of title 31, United States Code, a description of how 
the funds identified for each program element in the weapons activities 
budget of the Administration for such fiscal year will help ensure that 
the nuclear weapons stockpile is safe and reliable as determined in 
accordance with the criteria established under section 3158 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121 note).
    (d) Consistency in Budgeting.--(1) The Administrator shall ensure 
that amounts described in subparagraph (A) of paragraph

[[Page 113 STAT. 967]]

(2) for any fiscal year are consistent with amounts described in 
subparagraph (B) of paragraph (2) for that fiscal year.
    (2) Amounts referred to in paragraph (1) are the following:
            (A) The amounts specified in program and budget information 
        submitted to Congress by the Administrator in support of 
        expenditure estimates and proposed appropriations in the budget 
        submitted to Congress by the President under section 1105(a) of 
        title 31, United States Code, for any fiscal year, as shown in 
        the future-years nuclear security program submitted pursuant to 
        subsection (a).
            (B) The total amounts of estimated expenditures and proposed 
        appropriations necessary to support the programs, projects, and 
        activities of the Administration included pursuant to paragraph 
        (5) of section 1105(a) of such title in the budget submitted to 
        Congress under that section for any fiscal year.

    (e) Treatment of Management Contingencies.--Nothing in this section 
shall be construed to prohibit the inclusion in the future-years nuclear 
security program of amounts for management contingencies, subject to the 
requirements of subsection (d).

                  Subtitle E--Miscellaneous Provisions

SEC. 3261. ENVIRONMENTAL <<NOTE: 50 USC 2461.>> PROTECTION, 
                          SAFETY, AND HEALTH REQUIREMENTS.

    (a) Compliance Required.--The Administrator shall ensure that the 
Administration complies with all applicable environmental, safety, and 
health statutes and substantive requirements.
    (b) Procedures Required.--The Administrator shall develop procedures 
for meeting such requirements.
    (c) Rule of Construction.--Nothing in this title shall diminish the 
authority of the Secretary of Energy to ascertain and ensure that such 
compliance occurs.
SEC. 3262. COMPLIANCE <<NOTE: 50 USC 2462.>> WITH FEDERAL 
                          ACQUISITION REGULATION.

    The Administrator shall establish procedures to ensure that the 
mission and programs of the Administration are executed in full 
compliance with all applicable provisions of the Federal Acquisition 
Regulation issued pursuant to the Office of Federal Procurement Policy 
Act (41 U.S.C. 401 et seq.).
SEC. 3263. SHARING <<NOTE: 50 USC 2463.>> OF TECHNOLOGY WITH 
                          DEPARTMENT OF DEFENSE.

    The Administrator shall, in cooperation with the Secretary of 
Defense, establish procedures and programs to provide for the sharing of 
technology, technical capability, and expertise between the 
Administration and the Department of Defense to further national 
security objectives.
SEC. 3264. USE <<NOTE: 50 USC 2464.>> OF CAPABILITIES OF NATIONAL 
                          SECURITY LABORATORIES BY ENTITIES 
                          OUTSIDE THE ADMINISTRATION.

    The Secretary, in consultation with the Administrator, shall 
establish appropriate procedures to provide for the use, in a manner 
consistent with the national security mission of the Administration 
under section 3211(b), of the capabilities of the national security 
laboratories by elements of the Department of Energy not within the 
Administration, other Federal agencies, and other appropriate

[[Page 113 STAT. 968]]

entities, including the use of those capabilities to support efforts to 
defend against weapons of mass destruction.

                         Subtitle F--Definitions

SEC. 3281. <<NOTE: 50 USC 2471.>> DEFINITIONS.

    For purposes of this title:
            (1) The term ``national security laboratory'' means any of 
        the following:
                    (A) Los Alamos National Laboratory, Los Alamos, New 
                Mexico.
                    (B) Sandia National Laboratories, Albuquerque, New 
                Mexico, and Livermore, California.
                    (C) Lawrence Livermore National Laboratory, 
                Livermore, California.
            (2) The term ``nuclear weapons production facility'' means 
        any of the following:
                    (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 facilities at the 
                Savannah River Site, Aiken, South Carolina.
                    (E) The Nevada Test Site, Nevada.
                    (F) Any facility of the Department of Energy that 
                the Secretary of Energy, in consultation with the 
                Administrator and the Congress, determines to be 
                consistent with the mission of the Administration.
            (3) The term ``classified information'' means any 
        information that has been determined pursuant to Executive Order 
        No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive 
        Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or 
        successor orders, to require protection against unauthorized 
        disclosure and that is so designated.
            (4) The term ``Restricted Data'' has the meaning given such 
        term in section 11 y. of the Atomic Energy Act of 1954 (42 
        U.S.C. 2014(y)).
            (5) The term ``congressional defense committees'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Appropriations of the House of 
                Representatives.

Subtitle G--Amendatory Provisions, Transition Provisions, and Effective 
                                  Dates

SEC. 3291. <<NOTE: 50 USC 2481.>> FUNCTIONS TRANSFERRED.

    (a) Transfers.--There are hereby transferred to the Administrator 
all national security functions and activities performed immediately 
before the date of the enactment of this Act by the following elements 
of the Department of Energy:
            (1) The Office of Defense Programs.
            (2) The Office of Nonproliferation and National Security.
            (3) The Office of Fissile Materials Disposition.
            (4) The nuclear weapons production facilities.

[[Page 113 STAT. 969]]

            (5) The national security laboratories.
            (6) The Office of Naval Reactors.

    (b) Authority to Transfer Additional Functions.--The Secretary of 
Energy may transfer to the Administrator any other facility, mission, or 
function that the Secretary, in consultation with the Administrator and 
Congress, determines to be consistent with the mission of the 
Administration.
    (c) Environmental Remediation and Waste Management Activities.--In 
the case of any environmental remediation and waste management activity 
of any element specified in subsection (a), the Secretary of Energy may 
determine to transfer responsibility for that activity to another 
element of the Department.

SEC. 3292. <<NOTE: 50 USC 2482.>> TRANSFER OF FUNDS AND EMPLOYEES.

    (a) Transfer of Funds.--(1) Any balance of appropriations that the 
Secretary of Energy determines is available and needed to finance or 
discharge a function, power, or duty or an activity that is transferred 
to the Administration shall be transferred to the Administration and 
used for any purpose for which those appropriations were originally 
available. Balances of appropriations so transferred shall--
            (A) be credited to any applicable appropriation account of 
        the Administration; or
            (B) be credited to a new account that may be established on 
        the books of the Department of the Treasury;

and shall be merged with the funds already credited to that account and 
accounted for as one fund.
    (2) Balances of appropriations credited to an account under 
paragraph (1)(A) are subject only to such limitations as are 
specifically applicable to that account. Balances of appropriations 
credited to an account under paragraph (1)(B) are subject only to such 
limitations as are applicable to the appropriations from which they are 
transferred.
    (b) Personnel.--(1) With respect to any function, power, or duty or 
activity of the Department of Energy that is transferred to the 
Administration, those employees of the element of the Department of 
Energy from which the transfer is made that the Secretary of Energy 
determines are needed to perform that function, power, or duty, or for 
that activity, as the case may be, shall be transferred to the 
Administration.
    (2) The authorized strength in civilian employees of any element of 
the Department of Energy from which employees are transferred under this 
section is reduced by the number of employees so transferred.

SEC. 3293. PAY LEVELS.

    (a) Under Secretary for Nuclear Security.--Section 5314 of title 5, 
United States Code, is amended by striking ``Under Secretary, Department 
of Energy'' and inserting ``Under Secretaries of Energy (2)''.
    (b) Deputy Administrators.--Section 5315 of such title is amended by 
adding at the end the following new item:
            ``Deputy Administrators of the National Nuclear Security 
        Administration (3), but if the Deputy Administrator for Naval 
        Reactors is an officer of the Navy on active duty, (2).''.

[[Page 113 STAT. 970]]

SEC. 3294. CONFORMING AMENDMENTS.

    (a) Reduction in Number of Assistant Secretaries of Energy.--(1) 
Section 5315 of title 5, United States Code, is amended by striking 
``(8)'' after ``Assistant Secretaries of Energy'' and inserting ``(6)''.
    (2) Subsection (a) of section 203 of the Department of Energy 
Organization Act (42 U.S.C. 7133) is amended in the first sentence by 
striking ``eight'' and inserting ``six''.
    (b) Functions Required To Be Assigned to Assistant Secretaries of 
Energy.--Subsection (a) of section 203 of the Department of Energy 
Organization Act (42 U.S.C. 7133) is amended by striking paragraph (5).
    (c) Office of Naval Reactors.--Section 309 of the Department of 
Energy Organization Act (42 U.S.C. 7158) is amended--
            (1) by striking subsection (b);
            (2) by striking ``(a)''; and
            (3) by striking ``Assistant Secretary to whom the Secretary 
        has assigned the function listed in section 203(a)(2)(E)'' and 
        inserting ``Under Secretary for Nuclear Security''.

    (d) Office of Fissile Materials Disposition.--(1) Section 212 of the 
Department of Energy Organization Act (42 U.S.C. 7143) is repealed.
    (2) The table of contents at the beginning of such Act is amended by 
striking the item relating to section 212.
    (e) Repeal of Restated Provision Relating to DOE Special Access 
Programs; Conforming Amendment.--(1)(A) Section 93 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2122a) is repealed.
    (B) The table of contents at the beginning of such Act is amended by 
striking the item relating to section 93.
    (2) Clause (ii) of section 1152(g)(1)(B) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 
435 note) is amended to read as follows:
                    ``(ii) the National Nuclear Security Administration 
                (which is required to submit reports on special access 
                programs under section 3236 of the National Nuclear 
                Security Administration Act); or''.

    (f) Repeal of Five-Year Budget Requirement for DOE National Security 
Programs.--Section 3155 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2841; 42 U.S.C. 7271b) 
is repealed.

SEC. 3295. <<NOTE: 50 USC 2483.>> TRANSITION PROVISIONS.

    (a) Compliance <<NOTE: Deadlines.>> with Financial Principles.--(1) 
The Under Secretary of Energy for Nuclear Security shall ensure that the 
compliance with sound financial and fiscal management principles 
specified in section 3252 is achieved not later than October 1, 2000.

    (2) In carrying out paragraph (1), the Under Secretary of Energy for 
Nuclear Security shall conduct a review and develop a plan to bring 
applicable activities of the Administration into full compliance with 
those principles not later than such date.
    (3) Not later than January 1, 2000, the Under Secretary of Energy 
for Nuclear Security shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report containing the 
results of that review and a description of that plan.

[[Page 113 STAT. 971]]

    (b) Initial Report for Future-Years Nuclear Security Program.--The 
first report under section 3253 shall be submitted in conjunction with 
the budget submitted for fiscal year 2001.
    (c) Procedures <<NOTE: Regulations. Deadline.>> for Computer 
Access.--The regulations to implement the procedures under section 3235 
shall be prescribed not later than 90 days after the effective date of 
this title.

    (d) Compliance <<NOTE: Deadlines.>> with FAR.--(1) The Under 
Secretary of Energy for Nuclear Security shall ensure that the 
compliance with the Federal Acquisition Regulation specified in section 
3262 is achieved not later than October 1, 2000.

    (2) In carrying out paragraph (1), the Under Secretary of Energy for 
Nuclear Security shall conduct a review and develop a plan to bring 
applicable activities of the Administration into full compliance with 
the Federal Acquisition Regulation not later than such date.
    (3) Not later than January 1, 2000, the Under Secretary of Energy 
for Nuclear Security shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report containing the 
results of that review and a description of that plan.
SEC. 3296. APPLICABILITY <<NOTE: 50 USC 2484.>> OF PREEXISTING 
                          LAWS AND REGULATIONS.

    Unless otherwise provided in this title, all provisions of law and 
regulations in effect immediately before the effective date of this 
title that are applicable to functions of the Department of Energy 
specified in section 3291 shall continue to apply to the corresponding 
functions of the Administration.
SEC. 3297. REPORT <<NOTE: 50 USC 2401 note.>> CONTAINING 
                          IMPLEMENTATION PLAN OF SECRETARY OF 
                          ENERGY.

    Not <<NOTE: Deadline.>> later than January 1, 2000, the Secretary of 
Energy 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 Secretary's plan for the implementation of the provisions 
of this title.

SEC. 3298. <<NOTE: 50 USC 2401 note.>> CLASSIFICATION IN UNITED STATES 
            CODE.

    Subtitles A through F of this title (other than provisions of those 
subtitles amending existing provisions of law) shall be classified to 
the United States Code as a new chapter of title 50, United States Code.

SEC. 3299. <<NOTE: 50 USC 2401 note.>> EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
provisions of this title shall take effect on March 1, 2000.
    (b) Exceptions.--(1) Sections 3202, 3204, 3251, 3295, and 3297 shall 
take effect on the date of the enactment of this Act.
    (2) Sections 3234 and 3235 shall take effect on the date of the 
enactment of this Act. During the period beginning on the date of the 
enactment of this Act and ending on the effective date of this title, 
the Secretary of Energy shall carry out those sections and any reference 
in those sections to the Administrator and the Administration shall be 
treated as references to the Secretary and the Department of Energy, 
respectively.

[[Page 113 STAT. 972]]

          TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3301. 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 XXXIV--NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Disposal of certain materials in National Defense Stockpile.
Sec. 3403. Limitations on previous authority for disposal of stockpile 
           materials.

SEC. 3401. 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 established 
under subsection (a) of section 9 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of 
such funds under subsection (b)(2) of such section, 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. 3402. DISPOSAL <<NOTE: 50 USC 98d note.>> OF CERTAIN 
                          MATERIALS IN NATIONAL DEFENSE STOCKPILE.

    (a) Disposal Required.--Subject to subsection (c), the President 
shall make disposals from the National Defense Stockpile of materials in 
quantities as follows:
            (1) Beryllium metal, 250 short tons.
            (2) Chromium ferro alloy, 496,204 short tons.
            (3) Chromium metal, 5,000 short tons.
            (4) Palladium, 497,271 troy ounces.

    (b) Management of Disposal To Achieve Objectives for Receipts.--The 
President shall manage the disposal of materials under subsection (a) so 
as to result in receipts to the United States in amounts equal to--
            (1) $10,000,000 during fiscal year 2000;
            (2) $100,000,000 during the 5-fiscal year period ending 
        September 30, 2004; and
            (3) $300,000,000 during the 10-fiscal year period ending 
        September 30, 2009.

[[Page 113 STAT. 973]]

    (c) Minimization of Disruption and Loss.--The President may not 
dispose of the material under subsection (a) to the extent that the 
disposal will result in--
            (1) undue disruption of the usual markets of producers, 
        processors, and consumers of the materials proposed for 
        disposal; or
            (2) avoidable loss to the United States.

    (d) Disposition of Receipts.--Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds 
received as a result of the disposal of materials under subsection (a) 
shall be deposited into the general fund of the Treasury.
    (e) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding the materials specified in such subsection.
    (f) Increased Receipts Under Prior Disposal Authority.--(1) Section 
3303(a)(2) of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201; 110 Stat 2855; 50 U.S.C. 98d note) is amended 
by striking ``$612,000,000'' and inserting ``$720,000,000''.
    (2) Section 3305(a) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat 2057; 50 U.S.C. 98d note) 
is amended--
            (A) in paragraph (2), by striking ``$30,000,000'' and 
        inserting ``$50,000,000'';
            (B) in paragraph (3), by striking ``$34,000,000'' and 
        inserting ``$64,000,000''; and
            (C) in paragraph (4), by striking ``$34,000,000'' and 
        inserting ``$67,000,000''.

    (g) Elimination of Disposal Restrictions on Earlier Disposal 
Authority.--Section 3303 of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 629) is repealed.
SEC. 3403. LIMITATIONS ON PREVIOUS AUTHORITY FOR DISPOSAL OF 
                          STOCKPILE MATERIALS.

    (a) Public Law 105-261 Authority.--Section 3303(b) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 2263; 50 U.S.C. 98d note) is amended--
            (1) by striking ``(b) Limitation on Disposal Quan-
        tity.--'' and inserting ``(b) Limitations on Disposal 
        Authority.--(1)''; and
            (2) by adding at the end the following:

    ``(2) The President may not dispose of materials under this section 
in excess of the disposals necessary to result in receipts in the 
amounts specified in subsection (a).''.
    (b) Public Law 105-85 Authority.--Section 3305(b) of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 2058; 50 U.S.C. 98d note) is amended--
            (1) by striking ``(b) Limitation on Disposal Quan-
        tity.--'' and inserting ``(b) Limitations on Disposal 
        Authority.--(1)''; and
            (2) by adding at the end the following:

[[Page 113 STAT. 974]]

    ``(2) The President may not dispose of cobalt under this section in 
excess of the disposals necessary to result in receipts in the amounts 
specified in subsection (a).''.
    (c) Public Law 104-201 Authority.--Section 3303(b) of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2855; 50 U.S.C. 98d note) is amended--
            (1) by striking ``(b) Limitation on Disposal Quan-
        tity.--'' and inserting ``(b) Limitations on Disposal 
        Authority.--(1)''; and
            (2) by adding at the end the following:

    ``(2) The President may not dispose of materials under this section 
in excess of the disposals necessary to result in receipts in the 
amounts specified in subsection (a).''.

TITLE <<NOTE: Panama Canal Commission Authorization Act for Fiscal Year 
2000.>> 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. 3505. Expenditures only in accordance with treaties.

SEC. 3501. <<NOTE: 22 USC 3601 note.>> 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 the period 
October 1, 1999, through noon on December 31, 1999.
    (b) Limitations.--For the period described in subsection (a), the 
Panama Canal Commission may expend from funds in the Panama Canal 
Revolving Fund not more than $75,000 for official reception and 
representation expenses, of which--
            (1) not more than $21,000 may be used for official reception 
        and representation expenses of the Supervisory Board of the 
        Commission;
            (2) not more than $10,500 may be used for official reception 
        and representation expenses of the Secretary of the Commission; 
        and
            (3) not more than $43,500 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 replacement passenger motor 
vehicles, the purchase price of which shall not exceed $26,000 per 
vehicle.

[[Page 113 STAT. 975]]

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 <<NOTE: 22 USC 3714a note.>> 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 the 
        Office of Transition Administration 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) Office of transition administration defined.--In this 
        subsection 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.
            (5) Effective date.--This subsection shall be effective on 
        and after the termination of the Panama Canal Treaty of 1977.

    (c) Oversight <<NOTE: 22 USC 3714a note.>> of Close-Out 
Activities.--The Panama Canal Commission shall enter into an agreement 
with the head of a department or agency of the Federal Government to 
supervise the close out of the affairs of the Commission under section 
1305 of the Panama Canal Act of 1979 and to certify the completion of 
that function.
SEC. 3505. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.

    Expenditures authorized under this title may be made only in 
accordance with the Panama Canal Treaties of 1977 and any law of the 
United States implementing those treaties.

TITLE <<NOTE: Maritime Administration Authorization Act for Fiscal Year 
2000.>> XXXVI--MARITIME ADMINISTRATION

Sec. 3601. Short title.
Sec. 3602. Authorization of appropriations for fiscal year 2000.
Sec. 3603. Extension of war risk insurance authority.
Sec. 3604. Ownership of the JEREMIAH O'BRIEN.

SEC. 3601. <<NOTE: 46 USC app. 1245 note.>> SHORT TITLE.

    This title may be cited as the ``Maritime Administration 
Authorization Act for Fiscal Year 2000''.

[[Page 113 STAT. 976]]

SEC. 3602. 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.), $14,893,000 for fiscal year 2000, of which--
                    (A) $11,000,000 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. 3603. 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. 3604. 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.''.

    Approved October 5, 1999.

LEGISLATIVE HISTORY--S. 1059 (H.R. 1401):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 106-162 accompanying H.R. 1401 (Comm. on Armed 
Services) and 106-301 (Comm. of Conference).
SENATE REPORTS: No. 106-50 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            May 24-27, considered and passed Senate.
            June 14, considered and passed House, amended, in lieu of 
                H.R. 1401.
            Sept. 15, House agreed to conference report.
            Sept. 21, 22, Senate considered and agreed to conference 
                report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
            Oct. 5, Presidential remarks and statement.

                                  <all>