106TH CONGRESS

1ST SESSION S. 1060

AN ACT

To authorize appropriations for fiscal year 2000 for military

activities of the Department of Defense, to prescribe

personnel strengths for such fiscal year for the Armed

Forces, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Defense

5 Authorization Act for Fiscal Year 2000’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical demilitarization program.

Sec. 107. Defense health programs.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for certain Army programs.

Sec. 112. Close combat tactical trainer program.

Sec. 113. Army aviation modernization.

Sec. 114. Multiple Launch Rocket System.

Subtitle C—Navy Programs

Sec. 121. LHD–8 amphibious dock ship program.

Sec. 122. Arleigh Burke class destroyer program.

Sec. 123. Repeal of requirement for annual report from shipbuilders under certain nuclear attack submarine programs.

Sec. 124. Cooperative engagement capability program.

Sec. 125. F/A–18E/F aircraft program.

Subtitle D—Air Force Programs

Sec. 131. F–22 aircraft program.

Subtitle E—Other Matters

Sec. 141. Extension of authority to carry out Armament Retooling and Manufacturing Support Initiative.

Sec. 142. Extension of pilot program on sales of manufactured articles and

services of certain Army industrial facilities without regard to

availability from domestic sources.

Sec. 143. D-5 Missile program.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.
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Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. NATO common-funded civil budget.

Sec. 212. Micro-satellite technology development program.

Sec. 213. Space control technology.

Sec. 214. Space maneuver vehicle.

Sec. 215. Manufacturing technology program.

Sec. 216. Testing of airblast and improvised explosives.

Subtitle C—Ballistic Missile Defense

Sec. 221. Theater missile defense upper tier acquisition strategy.

Sec. 222. Repeal of requirement to implement technical and price competition

for theater high altitude area defense system.

Sec. 223. Space-based laser program.

Sec. 224. Airborne laser program.

Sec. 225. Sense of Congress regarding ballistic missile defense technology funding.

Sec. 226. Report on National Missile Defense.

Sec. 227. Options for Air Force cruise missiles.

Subtitle D—Research and Development for Long-Term

Military Capabilities

Sec. 231. Annual report on emerging operational concepts.

Sec. 232. Technology area review and assessment.

Sec. 233. Report by Under Secretary of Defense for Acquisition and Technology.

Sec. 234. Incentives to produce innovative new technologies.

Sec. 235. DARPA competitive prizes award program for encouraging development of advanced technologies.

Sec. 236. Additional pilot program for revitalizing Department of Defense laboratories.

Sec. 237. Exemption of defense laboratory employees from certain workforce

management restrictions.

Sec. 238. Use of working-capital funds for financing research and development

of the military departments.

Sec. 239. Efficient utilization of defense laboratories.

Subtitle E—Other Matters

Sec. 251. Report on Air Force distributed mission training.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working-capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Sec. 305. Operational Meteorology and Oceanography and UNOLS.

Sec. 306. Armed Forces Emergency Services.

Subtitle B—Program Requirements, Restrictions, and

Limitations
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Sec. 311. NATO common-funded military budget.

Sec. 312. Use of humanitarian and civic assistance funding for pay and allowances of special operations command reserves furnishing

demining training and related assistance as humanitarian assistance.

Sec. 313. National Defense Features Program.

Sec. 314. Additional amounts for drug interdiction and counter-drug activities.

Subtitle C—Environmental Provisions

Sec. 321. Environmental technology management.

Sec. 322. Establishment of environmental restoration accounts for installations

closed or realigned under the base closure laws and for formerly used defense sites.

Sec. 323. Extension of limitation on payment of fines and penalties using funds

in environmental restoration accounts.

Sec. 324. Modification of requirements for annual reports on environmental

compliance activities.

Sec. 325. Modification of membership of Strategic Environmental Research and

Development Program Council.

Sec. 326. Extension of pilot program for sale of air pollution emission reduction

incentives.

Sec. 327. Reimbursement of Environmental Protection Agency for certain costs

in connection with Fresno Drum Superfund Site, Fresno, California.

Sec. 328. Payment of stipulated penalties assessed under CERCLA in connection with F.E. Warren Air Force Base, Wyoming.

Sec. 329. Provision of information and guidance to the public regarding environmental contamination at United States military installations

formerly operated by the United States that have been closed.

Sec. 330. Ordnance mitigation study.

Subtitle D—Other Matters

Sec. 341. Extension of warranty claims recovery pilot program.

Sec. 342. Additional matters to be reported before prime vendor contract for

depot-level maintenance and repair is entered into.

Sec. 343. Implementation of jointly approved changes in defense retail systems.

Sec. 344. Waiver of required condition for sales of articles and services of industrial facilities to purchasers outside the Department of Defense.

Sec. 345. Eligibility to receive financial assistance available for local educational agencies that benefit dependents of Department of Defense personnel.

Sec. 346. Use of Smart Card technology in the Department of Defense.

Sec. 347. Study on use of Smart Card as PKI authentication device carrier for

the Department of Defense.

Sec. 348. Revision of authority to donate certain Army materiel for funeral

ceremonies.

Sec. 349. Modification of limitation on funding assistance for procurement of

equipment for the National Guard for drug interdiction and

counter-drug activities.

Sec. 350. Authority for payment of settlement claims.

Sec. 351. Sense of Senate regarding settlement of claims of American servicemen’s families regarding deaths resulting from the accident off

the coast of Namibia on September 13, 1997.
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TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent end strength levels.

Sec. 403. Reduction of end strengths below levels for two major regional contingencies.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians.

Sec. 414. Increase in numbers of members in certain grades authorized to be

on active duty in support of the Reserves.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Extension of requirement for competition for joint 4-star officer positions.

Sec. 502. Additional three-star officer positions for Superintendents of Service

Academies.

Sec. 503. Increase in maximum number of officers authorized to be on activeduty list in frocked grade of brigadier general or rear admiral.

Sec. 504. Reserve officers requesting or otherwise causing nonselection for promotion.

Sec. 505. Minimum grade of officers eligible to serve on boards of inquiry.

Sec. 506. Minimum selection of warrant officers for promotion from below the

promotion zone.

Sec. 507. Increase in threshold period of active duty for applicability of restriction on holding of civil office by retired regular officers and reserve officers.

Sec. 508. Exemption of retiree council members from recalled retiree limits.

Subtitle B—Reserve Component Matters

Sec. 511. Additional exceptions for reserve component general and flag officers

from limitation on authorized strength of general and flag officers on active duty.

Sec. 512. Duties of Reserves on active duty in support of the reserves.

Sec. 513. Repeal of limitation on number of Reserves on full-time active duty

in support of preparedness for responses to emergencies involving weapons of mass destruction.

Sec. 514. Extension of period for retention of reserve component majors and

lieutenant commanders who twice fail of selection for promotion.

Sec. 515. Continuation of officer on reserve active-status list for disciplinary action.

Sec. 516. Retention of reserve component chaplains until age 67.

Sec. 517. Reserve credit for participation in health professions scholarship and

financial assistance program.
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Sec. 518. Exclusion of reserve officers on educational delay from eligibility for

consideration for promotion.

Sec. 519. Exclusion of period of pursuit of professional education from computation of years of service for reserve officers.

Sec. 520. Correction of reference relating to crediting of satisfactory service by

reserve officers in highest grade held.

Sec. 521. Establishment of Office of the Coast Guard Reserve.

Sec. 522. Chiefs of reserve components and the additional general officers at

the National Guard Bureau.

Subtitle C—Military Education and Training

Sec. 531. Authority to exceed temporarily a strength limitation for the service

academies.

Sec. 532. Repeal of limitation on amount of reimbursement authorized to be

waived for foreign students at the service academies.

Sec. 533. Expansion of foreign exchange programs of the service academies.

Sec. 534. Permanent authority for ROTC scholarships for graduate students.

Sec. 535. Authority for award of master of strategic studies degree by the

United States Army War College.

Sec. 536. Minimum educational requirements for faculty of the Community College of the Air Force.

Sec. 537. Conferral of graduate-level degrees by Air University.

Sec. 538. Payment of tuition for education and training of members in the defense acquisition workforce.

Sec. 539. Financial assistance program for pursuit of degrees by officer candidates in Marine Corps Platoon Leaders Class Program.

Subtitle D—Decorations, Awards, and Commendations

Sec. 551. Waiver of time limitations for award of certain decorations to certain

persons.

Sec. 552. Authority for award of Medal of Honor to Alfred Rascon for valor

during the Vietnam conflict.

Sec. 553. Elimination of backlog in requests for replacement of military medals

and other decorations.

Sec. 554. Retroactive award of Navy Combat Action Ribbon.

Subtitle E—Amendments to Uniform Code of Military Justice

Sec. 561. Increase in sentencing jurisdiction of special courts-martial authorized to adjudge a bad conduct discharge.

Sec. 562. Reduced minimum blood and breath alcohol levels for offense of

drunken operation or control of a vehicle, aircraft, or vessel.

Subtitle F—Other Matters

Sec. 571. Funeral honors details at funerals of veterans.

Sec. 572. Increased authority to extend delayed entry period for enlistments of

persons with no prior military service.

Sec. 573. Army college first pilot program.

Sec. 574. Reduction in required frequency of reporting on the Selected Reserve

Educational Assistance Program under the Montgomery GI

Bill.

Sec. 575. Participation of members in management of organizations abroad

that promote international understanding.
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Sec. 576. Forensic pathology investigations by Armed Forces Medical Examiner.

Sec. 577. Nondisclosure of information on missing persons returned to United

States control.

Sec. 578. Use of recruiting materials for public relations purposes.

Sec. 579. Improvement and transfer of jurisdiction of troops-to-teachers program.

Sec. 580. Support for expanded child care services and youth program services

for dependents.

Sec. 581. Responses to domestic violence in the Armed Forces.

Sec. 582. Posthumous advancement of Rear Admiral (retired) Husband E.

Kimmel and Major General (Retired) Walter C. Short on retired lists.

Sec. 583. Exit survey for separating members.

Sec. 584. Administration of defense reform initiative enterprise program for

military manpower and personnel information.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2000 increase and restructuring of basic pay.

Sec. 602. Pay increases for fiscal years 2001 through 2006.

Sec. 603. Special subsistence allowance for food stamp eligible members.

Sec. 604. Payment for unused leave in conjunction with a reenlistment.

Sec. 605. Continuance of pay and allowances while in duty status (whereabouts

unknown).

Sec. 606. Equitable treatment of class of 1987 of the Uniformed Services University of the Health Sciences.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of authorities relating to payment of certain bonuses and special pays.

Sec. 612. One-year extension of certain bonuses and special pay authorities for

reserve forces.

Sec. 613. One-year extension of certain bonuses and special pay authorities for

nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 614. Amount of aviation career incentive pay for air battle managers formerly eligible for hazardous duty pay.

Sec. 615. Aviation career officer special pay.

Sec. 616. Career enlisted flyer incentive pay.

Sec. 617. Retention bonus for special warfare officers extending periods of active duty.

Sec. 618. Retention bonus for surface warfare officers extending periods of active duty.

Sec. 619. Additional special pay for board certified veterinarians in the Armed

Forces and Public Health Service.

Sec. 620. Increase in rate of diving duty special pay.

Sec. 621. Increase in maximum amount authorized for reenlistment bonus for

active members.

Sec. 622. Critical skills enlistment bonus.

Sec. 623. Selected Reserve enlistment bonus.
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Sec. 624. Special pay for members of the Coast Guard Reserve assigned to high

priority units of the Selected Reserve.

Sec. 625. Reduced minimum period of enlistment in Army in critical skill for

eligibility for enlistment bonus.

Sec. 626. Eligibility for reserve component prior service enlistment bonus upon

attaining a critical skill.

Sec. 627. Increase in special pay and bonuses for nuclear-qualified officers.

Sec. 628. Increase in maximum monthly rate authorized for foreign language

proficiency pay.

Sec. 629. Sense of the Senate regarding tax treatment of members receiving

special pay.

Subtitle C—Travel and Transportation Allowances

Sec. 641. Payment of temporary lodging expenses to enlisted members making

first permanent change of station.

Sec. 642. Destination airport for emergency leave travel to the continental

United States.

Sec. 643. Clarification of per diem eligibility of certain military technicians

(dual status) serving on active duty without pay outside the

United States.

Sec. 644. Expansion and codification of authority for space required travel on

military aircraft for Reserves performing inactive-duty training

outside the continental United States.

Sec. 645. Reimbursement of travel expenses incurred by members of the Armed

Forces in connection with leave canceled for involvement in

Kosovo-related activities.

Subtitle D—Retired Pay, Survivor Benefits, and Related

Matters

Sec. 651. Retired pay options for personnel entering uniformed services on or

after August 1, 1986.

Sec. 652. Participation in Thrift Savings Plan.

Sec. 653. Special retention initiative.

Sec. 654. Repeal of reduction in retired pay for civilian employees.

Sec. 655. Credit toward paid-up SBP coverage for months covered by make-up

premium paid by persons electing SBP coverage during special

open enrollment period.

Sec. 656. Paid-up coverage under Retired Serviceman’s Family Protection

Plan.

Sec. 657. Permanent authority for payment of annuities to certain military surviving spouses.

Sec. 658. Effectuation of intended SBP annuity for former spouse when not

elected by reason of untimely death of retiree.

Sec. 659. Special compensation for severely disabled uniformed services retirees.

Sec. 660. Computation of survivor benefits.

Subtitle E—Montgomery GI Bill Benefits and Other Education

Benefits

PART I—MONTGOMERY GI BILL BENEFITS

Sec. 671. Increase in rates of educational assistance for full-time education.

Sec. 672. Termination of reductions of basic pay.

Sec. 673. Accelerated payments of educational assistance.
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Sec. 674. Transfer of entitlement to educational assistance by certain members

of the Armed Forces.

Sec. 675. Availability of educational assistance benefits for preparatory courses

for college and graduate school entrance exams.

PART II—OTHER EDUCATIONAL BENEFITS

Sec. 681. Accelerated payments of certain educational assistance for members

of Selected Reserve.

Sec. 682. Modification of time for use by certain members of Selected Reserve

of entitlement to certain educational assistance.

PART III—REPORT

Sec. 685. Report on effect of educational benefits improvements on recruitment

and retention of members of the Armed Forces.

Subtitle F—Other Matters

Sec. 691. Annual report on effects of initiatives on recruitment and retention.

Sec. 692. Members under burdensome PERSTEMPO.

Sec. 693. Increased tuition assistance for members of the Armed Forces deployed in support of a contingency operation or similar operation.

Sec. 694. Administration of Selected Reserve education loan repayment program for Coast Guard Reserve.

Sec. 695. Extension to all uniformed services of authority for presentation of

United States flag to members upon retirement.

Sec. 696. Participation of additional members of the Armed Forces in Montgomery GI Bill program.

Sec. 697. Revision of educational assistance interval payment requirements.

Sec. 698. Implementation of the special supplemental nutrition program.

TITLE VII—HEALTH CARE

Subtitle A—TRICARE Program

Sec. 701. Improvement of TRICARE benefits and management.

Sec. 702. Expansion and revision of authority for dental programs for dependents and Reserves.

Sec. 703. Sense of Congress regarding automatic enrollment of medicare-eligible beneficiaries in the TRICARE Senior Prime demonstration

program.

Sec. 704. TRICARE beneficiary advocates.

Sec. 705. Open enrollment demonstration program.

Subtitle B—Other Matters

Sec. 711. Care at former uniformed services treatment facilities for active duty

members stationed at certain remote locations.

Sec. 712. One-year extension of chiropractic health care demonstration program.

Sec. 713. Program year stability in health care benefits.

Sec. 714. Best value contracting.

Sec. 715. Authority to order reserve component members to active duty for

health surveillance studies.

Sec. 716. Continuation of previously provided custodial care benefits for certain

CHAMPUS beneficiaries.
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Sec. 717. Enhancement of dental benefits for retirees.

Sec. 718. Medical and dental care for certain members incurring injuries on inactive-duty training.

Sec. 719. Health care quality information and technology enhancement.

Sec. 720. Joint telemedicine and telepharmacy demonstration projects by the

Department of Defense and Department of Veterans Affairs.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Sec. 801. Extension of test program for negotiation of comprehensive small

business subcontracting plans.

Sec. 802. Mentor-protege program improvements.

Sec. 803. Report on transition of small business innovation research program

activities into defense acquisition programs.

Sec. 804. Authority to carry out certain prototype projects.

Sec. 805. Pilot program for commercial services.

Sec. 806. Streamlined applicability of cost accounting standards.

Sec. 807. Guidance on use of task order and delivery order contracts.

Sec. 808. Clarification of definition of commercial items with respect to associated services.

Sec. 809. Use of special simplified procedures for purchases of commercial

items in excess of the simplified acquisition threshold.

Sec. 810. Extension of interim reporting rule for certain procurements less

than $100,000.

Sec. 811. Contract goal for small disadvantaged businesses and certain institutions of higher education.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—General

Sec. 901. Number of management headquarters and headquarters support activities personnel.

Sec. 902. Additional matters for annual reports on joint warfighting experimentation.

Sec. 903. Acceptance of guarantees in connection with gifts to the United

States Military Academy.

Sec. 904. Management of the Civil Air Patrol.

Sec. 905. Minimum interval for updating and revising Department of Defense

strategic plan.

Sec. 906. Permanent requirement for quadrennial defense review.

Subtitle B—Commission To Assess United States National

Security Space Management and Organization

Sec. 911. Establishment of commission.

Sec. 912. Duties of commission.

Sec. 913. Report.

Sec. 914. Powers.

Sec. 915. Commission procedures.

Sec. 916. Personnel matters.

Sec. 917. Miscellaneous administrative provisions.

Sec. 918. Funding.

Sec. 919. Termination of the commission.
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TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Second biennial financial management improvement plan.

Sec. 1003. Single payment date for invoice for various subsistence items.

Sec. 1004. Authority to require use of electronic transfer of funds for Department of Defense personnel payments.

Sec. 1005. Payment of foreign licensing fees out of proceeds of sales of maps,

charts, and navigational books.

Sec. 1006. Authority for disbursing officers to support use of automated teller

machines on naval vessels for financial transactions.

Sec. 1007. Central transfer account for combating terrorism.

Sec. 1008. United States contribution to NATO common-funded budgets in fiscal year 2000.

Sec. 1009. Responsibilities and accountability for financial management.

Sec. 1010. Authorization of emergency supplemental appropriations for fiscal

year 1999.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Sales of naval shipyard articles and services to nuclear ship contractors.

Sec. 1012. Period of delay after notice of proposed transfer of vessel stricken

from Naval Vessel Register.

Sec. 1013. Transfer of naval vessel to foreign country.

Subtitle C—Miscellaneous Report Requirements and Repeals

Sec. 1021. Preservation of certain defense reporting requirements.

Sec. 1022. Annual report on combatant command requirements.

Sec. 1023. Report on assessments of readiness to execute the national military

strategy.

Sec. 1024. Report on inventory and control of military equipment.

Sec. 1025. Space technology guide.

Sec. 1026. Report and regulations on Department of Defense policies on protecting the confidentiality of communications with professionals

providing therapeutic or related services regarding sexual or

domestic abuse.

Sec. 1027. Comptroller General report on anticipated effects of proposed

changes in operation of storage sites for lethal chemical agents

and munitions.

Sec. 1028. Report on deployments of rapid assessment and initial detection

teams across State boundaries.

Sec. 1029. Report on consequence management program integration office unit

readiness.

Sec. 1030. Analysis of relationship between threats and budget submission for

fiscal year 2001.

Sec. 1031. Report on NATO’s Defense Capabilities Initiative.

Sec. 1032. Review of incidence of State motor vehicle violations by Army personnel.

Sec. 1033. Report on use of National Guard facilities and infrastructure for

support of provision of veterans services.

Sec. 1034. Report on military-to-military contacts with the People’s Republic of

China.
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Subtitle D—Other Matters

Sec. 1041. Limitation on retirement or dismantlement of strategic nuclear delivery systems.

Sec. 1042. Limitation on reduction in United States strategic nuclear forces.

Sec. 1043. Counterproliferation program review committee.

Sec. 1044. Limitation regarding Cooperative Threat Reduction programs.

Sec. 1045. Period covered by annual report on accounting for United States assistance under Cooperative Threat Reduction Programs.

Sec. 1046. Support of United Nations-sponsored efforts to inspect and monitor

Iraqi weapons activities.

Sec. 1047. Information assurance initiative.

Sec. 1048. Defense Science Board task force on television and radio as a propaganda instrument in time of military conflict.

Sec. 1049. Prevention of interference with Department of Defense use of frequency spectrum.

Sec. 1050. Off-shore entities interfering with Department of Defense use of the

frequency spectrum.

Sec. 1051. Repeal of limitation on amount of Federal expenditures for the National Guard Challenge Program.

Sec. 1052. Nondisclosure of information on personnel of overseas, sensitive, or

routinely deployable units.

Sec. 1053. Nondisclosure of operational files of the National Imagery and Mapping Agency.

Sec. 1054. Nondisclosure of information of the National Imagery and Mapping

Agency having commercial significance.

Sec. 1055. Continued enrollment of dependents in Department of Defense domestic dependent elementary and secondary schools after loss

of eligibility.

Sec. 1056. Unified school boards for all Department of Defense Domestic Dependent Schools in the Commonwealth of Puerto Rico and

Guam.

Sec. 1057. Department of Defense STARBASE Program.

Sec. 1058. Program to commemorate the 50th anniversary of the Korean War.

Sec. 1059. Extension and reauthorization of Defense Production Act of 1950.

Sec. 1060. Extension to naval aircraft of Coast Guard authority for drug interdiction activities.

Sec. 1061. Regarding the need for vigorous prosecution of war crimes, genocide, and crimes against humanity in the former Republic of

Yugoslavia.

Sec. 1062. Expansion of list of diseases presumed to be service-connected for

radiation-exposed veterans.

Sec. 1063. Legal effect on the new strategic concept of NATO.

Sec. 1064. Multinational economic embargoes against governments in armed

conflict with the United States.

Sec. 1065. Conditions for lending obsolete or condemned rifles for funeral ceremonies.

Sec. 1066. Prohibition on the return of veterans memorial objects to foreign

nations without specific authorization in law.

Sec. 1067. Military assistance to civil authorities for responding to terrorism.

Sec. 1068. Sense of the Congress regarding the continuation of sanctions

against Libya.

Sec. 1069. Investigations of violations of export controls by United States satellite manufacturers.

Sec. 1070. Enhancement of activities of Defense Threat Reduction Agency.
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Sec. 1071. Improvement of licensing activities by the Department of State.

Sec. 1072. Enhancement of intelligence community activities.

Sec. 1073. Adherence of People’s Republic of China to Missile Technology Control Regime.

Sec. 1074. United States commercial space launch capacity.

Sec. 1075. Annual reports on security in the Taiwan Strait.

Sec. 1076. Declassification of restricted data and formerly restricted data.

Sec. 1077. Disengaging from noncritical overseas missions involving United

States combat forces.

Sec. 1078. Sense of the Senate on negotiations with indicted war criminals.

Sec. 1079. Coast Guard education funding.

Sec. 1080. Technical amendment to prohibition on release of contractor proposals under the Freedom of Information Act.

Sec. 1081. Attendance at professional military education schools by military

personnel of the new member nations of NATO.

Sec. 1082. Sense of Congress regarding United States-Russian cooperation in

commercial space launch services.

Sec. 1083. Recovery and identification of remains of certain World War II servicemen.

Sec. 1084. Chemical agents used for defensive training.

Sec. 1085. Russian nonstrategic nuclear arms.

Sec. 1086. Commemoration of the victory of freedom in the Cold War.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL

Sec. 1101. Accelerated implementation of voluntary early retirement authority.

Sec. 1102. Deference to EEOC procedures for investigation of complaints of

sexual harassment made by employees.

Sec. 1103. Restoration of leave of emergency essential employees serving in a

combat zone.

Sec. 1104. Leave without loss of benefits for military reserve technicians on active duty in support of combat operations.

Sec. 1105. Work schedules and premium pay of service academy faculty.

Sec. 1106. Salary schedules and related benefits for faculty and staff of the

Uniformed Services University of the Health Sciences.

Sec. 1107. Extension of certain temporary authorities to provide benefits for

employees in connection with defense workforce reductions and

restructuring.

TITLE XII—NATIONAL MILITARY MUSEUM AND RELATED

MATTERS

Subtitle A—Commission on National Military Museum

Sec. 1201. Establishment.

Sec. 1202. Duties of commission.

Sec. 1203. Report.

Sec. 1204. Powers.

Sec. 1205. Commission procedures.

Sec. 1206. Personnel matters.

Sec. 1207. Miscellaneous administrative provisions.

Sec. 1208. Funding.

Sec. 1209. Termination of commission.

Subtitle B—Related Matters
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Sec. 1211. Future use of Navy Annex property, Arlington, Virginia.

TITLE XIII—MILITARY VOTING RIGHTS ACT OF 1999

Sec. 1301. Short title.

Sec. 1302. Guarantee of residency.

Sec. 1303. State responsibility to guarantee military voting rights.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 TITLE I—PROCUREMENT

10 Subtitle A—Authorization of

11 Appropriations

12 SEC. 101. ARMY.

13 Funds are hereby authorized to be appropriated for

14 fiscal year 2000 for procurement for the Army as follows:

15 (1) For aircraft, $1,498,188,000.

16 (2) For missiles, $1,411,104,000.

17 (3) For weapons and tracked combat vehicles,

18 $1,678,865,000.

19 (4) For ammunition, $1,209,816,000.

20 (5) For other procurement, $3,647,370,000.
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1 SEC. 102. NAVY AND MARINE CORPS.

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2000 for procurement for the Navy

4 as follows:

5 (1) For aircraft, $8,927,255,000.

6 (2) For weapons, including missiles and tor7 pedoes, $1,392,100,000.

8 (3) For shipbuilding and conversion,

9 $7,016,454,000.

10 (4) For other procurement, $4,197,791,000.

11 (b) MARINE CORPS.—Funds are hereby authorized to

12 be appropriated for fiscal year 2000 for procurement for

13 the Marine Corps in the amount of $1,295,570,000.

14 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

15 are hereby authorized to be appropriated for procurement

16 of ammunition for the Navy and the Marine Corps in the

17 amount of $542,700,000.

18 SEC. 103. AIR FORCE.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 2000 for procurement for the Air Force as fol21 lows:

22 (1) For aircraft, $9,704,866,000.

23 (2) For missiles, $2,389,208,000.

24 (3) For ammunition, $411,837,000.

25 (4) For other procurement, $7,142,177,000.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 2000 for Defense-wide procurement in the

4 amount of $2,293,417,000.

5 SEC. 105. DEFENSE INSPECTOR GENERAL.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 2000 for procurement for the Inspector General

8 of the Department of Defense in the amount of

9 $2,100,000.

10 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

11 There is hereby authorized to be appropriated for fis12 cal year 2000 the amount of $1,164,500,000 for—

13 (1) the destruction of lethal chemical agents

14 and munitions in accordance with section 1412 of

15 the Department of Defense Authorization Act, 1986

16 (50 U.S.C. 1521); and

17 (2) the destruction of chemical warfare material

18 of the United States that is not covered by section

19 1412 of such Act.

20 SEC. 107. DEFENSE HEALTH PROGRAMS.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 2000 for the Department of Defense for pro23 curement for carrying out health care programs, projects,

24 and activities of the Department of Defense in the total

25 amount of $356,970,000.
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1 Subtitle B—Army Programs

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

3 CERTAIN ARMY PROGRAMS.

4 Beginning with the fiscal year 2000 program year,

5 the Secretary of the Army may, in accordance with section

6 2306b of title 10, United States Code, enter into multiyear

7 contracts for procurement of the following:

8 (1) The M270A1 launcher.

9 (2) The Family of Medium Tactical Vehicles,

10 except that the period of a multiyear contract may

11 not exceed three years.

12 (3) The Command Launch Unit for the Javelin

13 Advanced Anti-tank Weapon System-Medium.

14 (4) The missile for the Javelin Advanced Anti15 tank Weapon System-Medium, except that the pe16 riod of a multiyear contract may not exceed four

17 years.

18 (5) The AH–64D Longbow Apache aircraft.

19 (6) The Wolverine heavy assault bridge.

20 (7) The system enhancement program for the

21 M1A2 Abrams tank assembly.

22 (8) The Second Generation Forward Looking

23 Infrared system for the M1A2 Abrams tank.
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1 (9) The C2V Command and Control Vehicle,

2 except that the period of a multiyear contract may

3 not exceed four years.

4 (10) The Second Generation Forward Looking

5 Infrared system for the Bradley A3 fighting vehicle,

6 except that the period of a multiyear contract may

7 not exceed four years.

8 (11) The improved Bradley acquisition system

9 for the Bradley A3 fighting vehicle, except that the

10 period of a multiyear contract may not exceed four

11 years.

12 (12) The Bradley A3 fighting vehicle, except

13 that the period of a multiyear contract may not ex14 ceed four years.

15 SEC. 112. CLOSE COMBAT TACTICAL TRAINER PROGRAM.

16 None of the funds authorized to be appropriated

17 under section 101(5) may be used for the procurement

18 of the close combat tactical trainers configured to mobile

19 or fixed sites for tanks or to mobile or fixed sites for the

20 Bradley A3 fighting vehicle under the Close Combat Tac21 tical Trainer program of the Army until—

22 (1) the Secretary of the Army has submitted to

23 the congressional defense committees a report

24 containing—
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1 (A) a discussion of the actions taken to

2 correct the deficiencies in such trainers that

3 have been identified by the Director of Oper4 ations Test and Evaluation of the Department

5 of Defense before the date of the report; and

6 (B) the Secretary’s certification that the

7 close combat tactical trainers satisfy the reli8 ability requirements established for the trainers

9 under the program; and

10 (2) thirty days have elapsed since the date of

11 the submittal of the report.

12 SEC. 113. ARMY AVIATION MODERNIZATION.

13 (a) MODERNIZATION PLAN.—The Secretary of the

14 Army shall submit to the congressional defense commit15 tees a comprehensive plan for the modernization of the

16 Army’s helicopter forces. The plan shall include provisions

17 for the following:

18 (1) For the AH–64D Apache Longbow pro19 gram:

20 (A) Restoration of the original procure21 ment objective of the program to the procure22 ment of 747 aircraft and 227 fire control ra23 dars.

24 (B) Qualification and training of reserve

25 component pilots as augmentation crews to en-
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1 sure 24-hour warfighting capability in deployed

2 attack helicopter units.

3 (C) Fielding of a sufficient number of air4 craft in reserve component aviation units to im5 plement the provisions of the plan required

6 under subparagraph (B).

7 (2) For AH-1 Cobra helicopters, retirement of

8 all AH–1 Cobra helicopters remaining in the fleet.

9 (3) For the RAH–66 Comanche program:

10 (A) Review of the total requirements and

11 acquisition objectives for the program.

12 (B) Fielding of Comanche helicopters to

13 the existing aviation force structure.

14 (C) Support for the plan for the AH–64D

15 Apache program required under paragraph (1).

16 (4) For the UH–1 Huey helicopter program:

17 (A) A UH–1 modernization program.

18 (B) Revision of total force requirements

19 for the aircraft to reflect the warfighting sup20 port requirements and State mission require21 ments for aircraft utilized by the Army Na22 tional Guard.

23 (5) For the UH–60 helicopter program:

24 (A) Identification of the requirements for

25 the aircraft.
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1 (B) An acquisition strategy for meeting re2 quirements that cannot be met by UH–1 Huey

3 helicopters among the warfighting support re4 quirements and State mission requirements for

5 aircraft utilized by the Army National Guard.

6 (C) An upgrade program for fielded air7 craft.

8 (6) For the CH–47 Chinook helicopter service

9 life extension program, maintenance of the schedule

10 and funding.

11 (7) For the OH-58D Kiowa Warrior heli12 copters, a modernization program.

13 (8) A revised assessment of the Army’s present

14 and future requirements for helicopters and its

15 present and future helicopter inventory, including

16 the number of aircraft, average age of aircraft, avail17 ability of spare parts, flight hour costs, roles and

18 functions assigned to the fleet as a whole and to

19 each type of aircraft, and the mix of active compo20 nent and reserve component aircraft in the fleet.

21 (b) LIMITATION.—Not more than 90 percent of the

22 amount authorized to be appropriated under section

23 101(2) may be obligated before the date that is 30 days

24 after the date on which the Secretary of the Army submits
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1 the plan required under subsection (a) to the congressional

2 defense committees.

3 SEC. 114. MULTIPLE LAUNCH ROCKET SYSTEM.

4 Of the funds authorized to be appropriated under sec5 tion 101(2), $500,000 may be made available to complete

6 the development of reuse and demilitarization tools and

7 technologies for use in the disposition of Army MLRS in8 ventory.

9 Subtitle C—Navy Programs

10 SEC. 121. LHD–8 AMPHIBIOUS DOCK SHIP PROGRAM.

11 (a) AUTHORIZATION OF SHIP.—The Secretary of the

12 Navy is authorized to procure the amphibious dock ship

13 to be designated LHD–8, subject to the availability of ap14 propriations for that purpose.

15 (b) AMOUNT AUTHORIZED.—Of the amount author16 ized to be appropriated under section 102(a)(3) for fiscal

17 year 2000, $375,000,000 is available for the advance pro18 curement and advance construction of components for the

19 LHD–8 amphibious dock ship program. The Secretary of

20 the Navy may enter into a contract or contracts with the

21 shipbuilder and other entities for the advance procurement

22 and advance construction of those components.

23 SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

24 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT

25 OF 6 ADDITIONAL VESSELS.—(1) Subsection (b) of sec-
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1 tion 122 of the National Defense Authorization Act for

2 Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2446)

3 is amended in the first sentence—

4 (A) by striking ‘‘12 Arleigh Burke class de5 stroyers’’ and inserting ‘‘18 Arleigh Burke class de6 stroyers’’; and

7 (B) by striking ‘‘and 2001’’ and inserting

8 ‘‘2001, 2002, and 2003’’.

9 (2) The heading for such subsection is amended by

10 striking ‘‘TWELVE’’ and inserting ‘‘18’’.

11 (b) FISCAL YEAR 2001 ADVANCE PROCUREMENT.—

12 (1) Subject to paragraphs (2) and (3), the Secretary of

13 the Navy is authorized, in fiscal year 2001, to enter into

14 contracts for advance procurement for the Arleigh Burke

15 class destroyers that are to be constructed under contracts

16 entered into after fiscal year 2001 under section 122(b)

17 of Public Law 104–201, as amended by subsection (a)(1).

18 (2) The authority to contract for advance procure19 ment under paragraph (1) is subject to the availability of

20 funds authorized and appropriated for fiscal year 2001 for

21 that purpose in Acts enacted after September 30, 1999.

22 (3) The aggregate amount of the contracts entered

23 into under paragraph (1) may not exceed $371,000,000.

24 (c) OTHER FUNDS FOR ADVANCE PROCUREMENT.—

25 Notwithstanding any other provision of this Act, of the
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1 funds authorized to be appropriated under section 102(a)

2 for procurement programs, projects, and activities of the

3 Navy, up to $190,000,000 may be made available, as the

4 Secretary of the Navy may direct, for advance procure5 ment for the Arleigh Burke class destroyer program. Au6 thority to make transfers under this subsection is in addi7 tion to the transfer authority provided in section 1001.

8 SEC. 123. REPEAL OF REQUIREMENT FOR ANNUAL RE9 PORT FROM SHIPBUILDERS UNDER CERTAIN

10 NUCLEAR ATTACK SUBMARINE PROGRAMS.

11 (a) REPEAL.—Paragraph (3) of section 121(g) of the

12 National Defense Authorization Act for Fiscal Year 1997

13 (Public Law 104–201; 110 Stat. 2444) is repealed.

14 (b) CONFORMING AMENDMENT.—Paragraph (5) of

15 such section is amended by striking ‘‘reports referred to

16 in paragraphs (3) and (4)’’ and inserting ‘‘report referred

17 to in paragraph (4)’’.

18 SEC. 124. COOPERATIVE ENGAGEMENT CAPABILITY PRO19 GRAM.

20 (a) LIMITATION.—Cooperative engagement equip21 ment procured under the Cooperative Engagement Capa22 bility program of the Navy may not be installed into a

23 commissioned vessel until the completion of operational

24 test and evaluation of the shipboard cooperative engage25 ment capability.
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1 (b) CONSTRUCTION.—Subsection (a) shall not be con2 strued to limit the installation of cooperative engagement

3 equipment in new construction ships.

4 SEC. 125. F/A–18E/F AIRCRAFT PROGRAM.

5 (a) AUTHORITY.—Beginning with the fiscal year

6 2000 program year, the Secretary of the Navy may, in

7 accordance with section 2306b of title 10, United States

8 Code, enter into a multiyear procurement contract for the

9 procurement of F/A–18E/F aircraft.

10 (b) LIMITATION.—The Secretary may not exercise

11 the authority under subsection (a) to enter into a

12 multiyear contract for the procurement of F/A–18E/F air13 craft or authorize entry of the F/A–18E/F aircraft pro14 gram into full-rate production until—

15 (1) the Secretary of Defense certifies to the

16 Committees on Armed Services of the Senate and

17 House of Representatives the results of operational

18 test and evaluation of the F/A–18E/F aircraft.

19 (2) the Secretary of Defense determines that

20 the results of operational test and evaluation dem21 onstrate that the version of the aircraft to be pro22 cured under the multiyear contract in the higher

23 quantity than the other version satisfies all key per24 formance parameters appropriate to that version of

25 aircraft in the operational requirements document
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1 for the F/A–18E/F program, as submitted on April

2 1, 1997, except that with respect to the range per3 formance parameter a deviation of 1 percent shall be

4 permitted.

5 Subtitle D—Air Force Programs

6 SEC. 131. F–22 AIRCRAFT PROGRAM.

7 Before awarding the contract for low-rate initial pro8 duction under the F–22 aircraft program, the Secretary

9 of Defense shall certify to the congressional defense com10 mittees that—

11 (1) the test plan in the engineering and manu12 facturing development program is adequate for de13 termining the operational effectiveness and suit14 ability of the F–22 aircraft; and

15 (2) the engineering and manufacturing develop16 ment program and the production program can each

17 be executed within the limitation on total cost appli18 cable to that program under subsection (a) or (b),

19 respectively, of section 217 of the National Defense

20 Authorization Act for Fiscal Year 1998 (Public Law

21 105–85; 111 Stat. 1660).
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1 Subtitle E—Other Matters

2 SEC. 141. EXTENSION OF AUTHORITY TO CARRY OUT AR3 MAMENT RETOOLING AND MANUFACTURING

4 SUPPORT INITIATIVE.

5 Section 193(a) of the Armament Retooling and Man6 ufacturing Support Act of 1992 (subtitle H of title I of

7 Public Law 102–484; 10 U.S.C. 2501 note) is amended

8 by striking ‘‘During fiscal years 1993 through 1999’’ and

9 inserting ‘‘During fiscal years 1993 through 2001’’.

10 SEC. 142. EXTENSION OF PILOT PROGRAM ON SALES OF

11 MANUFACTURED ARTICLES AND SERVICES

12 OF CERTAIN ARMY INDUSTRIAL FACILITIES

13 WITHOUT REGARD TO AVAILABILITY FROM

14 DOMESTIC SOURCES.

15 (a) EXTENSION OF PROGRAM.—Section 141 of the

16 National Defense Authorization Act for Fiscal Year 1998

17 (Public Law 105–85; 111 Stat. 1652; 10 U.S.C. 4543

18 note) is amended—

19 (1) in subsection (a), by striking ‘‘During fiscal

20 years 1998 and 1999’’ and inserting ‘‘During fiscal

21 years 1998 through 2001’’; and

22 (2) in subsection (b), by striking ‘‘during fiscal

23 year 1998 or 1999’’ and inserting ‘‘during a fiscal

24 year covered by the pilot program’’.
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1 (b) EXTENSION OF DEADLINE FOR INSPECTOR GEN2 ERAL REPORT.—Subsection (c) of such section is amend3 ed by striking ‘‘July 1, 1999’’ and inserting ‘‘July 1,

4 2000’’.

5 SEC. 143. D-5 MISSILE PROGRAM.

6 (a) REPORT.—Not later than October 31, 1999, the

7 Secretary of Defense shall submit to the Committees on

8 Armed Services of the Senate and House of Representa9 tives a report on the D–5 missile program.

10 (b) REPORT ELEMENTS.—The report under sub11 section (a) shall include the following:

12 (1) An inventory management plan for the D–

13 5 missile program covering the life of the program,

14 including—

15 (A) the location of D–5 missiles during the

16 fueling of submarines;

17 (B) rotation of inventory; and

18 (C) expected attrition rate due to flight

19 testing, loss, damage, or termination of service

20 life.

21 (2) The cost of terminating procurement of D–

22 5 missiles for each fiscal year prior to the current

23 plan.

24 (3) An assessment of the capability of the Navy

25 of meeting strategic requirements with a total pro-
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1 curement of less than 425 D–5 missiles, including

2 an assessment of the consequences of—

3 (A) loading Trident submarines with fewer

4 than 24 D–5 missiles; and

5 (B) reducing the flight test rate for D–5

6 missiles.

7 (4) An assessment of the optimal commence8 ment date for the development and deployment of

9 replacement systems for the current land-based and

10 sea-based missile forces.

11 (5) The Secretary’s plan for maintaining D–5

12 missiles and Trident submarines under START II

13 and proposed START III, and whether requirements

14 for such missiles and submarines would be reduced

15 under such treaties.

16 TITLE II—RESEARCH, DEVELOP17 MENT, TEST, AND EVALUA18 TION

19 Subtitle A—Authorization of

20 Appropriations

21 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

22 Funds are hereby authorized to be appropriated for

23 fiscal year 2000 for the use of the Department of Defense

24 for research, development, test, and evaluation as follows:

25 (1) For the Army, $4,695,894,000.
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1 (2) For the Navy, $8,207,616,000.

2 (3) For the Air Force, $13,573,308,000.

3 (4) For Defense-wide activities,

4 $9,389,081,000, of which—

5 (A) $253,457,000 is authorized for the ac6 tivities of the Director, Test and Evaluation;

7 and

8 (B) $24,434,000 is authorized for the Di9 rector of Operational Test and Evaluation.

10 SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

11 (a) FISCAL YEAR 2000.—Of the amounts authorized

12 to be appropriated by section 201, $4,156,812,000 shall

13 be available for basic research and applied research

14 projects.

15 (b) BASIC RESEARCH AND APPLIED RESEARCH DE16 FINED.—For purposes of this section, the term ‘‘basic re17 search and applied research’’ means work funded in pro18 gram elements for defense research and development

19 under Department of Defense category 6.1 or 6.2.
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions

4 SEC. 211. NATO COMMON-FUNDED CIVIL BUDGET.

5 Of the amount authorized to be appropriated by sec6 tion 201(1), $750,000 shall be available for contributions

7 for the common-funded Civil Budget of NATO.

8 SEC. 212. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT

9 PROGRAM.

10 (a) FUNDING.—Of the funds authorized to be appro11 priated under section 201(3), $25,000,000 is available for

12 continued implementation of the micro-satellite technology

13 program established pursuant to section 215 of the Na14 tional Defense Authorization Act for Fiscal Year 1998

15 (Public Law 105–85; 111 Stat. 1659).

16 (b) MICRO-SATELLITE TECHNOLOGY DEVELOPMENT

17 PLAN.—The Secretary of Defense shall develop a micro18 satellite technology development plan to guide technology

19 investment decisions and prioritize technology demonstra20 tion activities.

21 (c) REPORT.—Not later than April 15, 1999, the Sec22 retary shall submit to the congressional defense commit23 tees a report regarding the plan developed under sub24 section (b).
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1 SEC. 213. SPACE CONTROL TECHNOLOGY.

2 (a) FUNDS AVAILABLE FOR AIR FORCE EXECU3 TION.—Of the funds authorized to be appropriated under

4 section 201(3), $19,822,000 shall be available for space

5 control technology development pursuant to the Depart6 ment of Defense Space Control Technology Plan of 1999.

7 (b) FUNDS AVAILABLE FOR ARMY EXECUTION.—Of

8 the funds authorized to be appropriated under section

9 201(1), $41,000,000 shall be available for space control

10 technology development. Of the funds made available pur11 suant to the preceding sentence, the Commanding General

12 of the United States Army Space and Missile Defense

13 Command may utilize such amounts as are necessary for

14 any or all of the following activities:

15 (1) Continued development of the kinetic energy

16 anti-satellite technology program necessary to retain

17 an option of conducting a flight test within two

18 years of any decision to do so.

19 (2) Technology development associated with the

20 kinetic energy anti-satellite kill vehicle to tempo21 rarily disrupt satellite functions.

22 (3) Cooperative technology development with

23 the Air Force, pursuant to the Department of De24 fense Space Control Technology Plan of 1999.
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1 SEC. 214. SPACE MANEUVER VEHICLE.

2 (a) FUNDING.—Of the funds authorized to be appro3 priated under section 201(3), $35,000,000 is available for

4 the space maneuver vehicle program.

5 (b) ACQUISITION OF SECOND FLIGHT TEST ARTI6 CLE.—The amount available for the space maneuver vehi7 cle program under subsection (a) may be used only to ac8 quire a second flight test article for the joint Air Force

9 and National Aeronautics and Space Administration X–

10 37 program in support of the Air Force Space Maneuver

11 Vehicle program.

12 SEC. 215. MANUFACTURING TECHNOLOGY PROGRAM.

13 (a) SUPPORT OF HIGH-RISK PROJECTS TO MEET

14 ESSENTIAL REQUIREMENTS.—Subsection (b) of section

15 2525 of title 10, United States Code, is amended—

16 (1) by striking paragraph (4);

17 (2) by redesignating paragraphs (1), (2), and

18 (3) as paragraphs (2), (3), and (4) respectively; and

19 (3) by inserting after ‘‘program—’’ the fol20 lowing new paragraph (1):

21 ‘‘(1) to focus Department of Defense support

22 for advanced manufacturing technologies on high23 risk projects for the development and application of

24 technologies for use to satisfy manufacturing re25 quirements essential to the national defense, as well

26 as for use for repair and remanufacturing in support
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1 of the operations of systems commands, depots, air

2 logistics centers, and shipyards;’’.

3 (b) EXECUTION.—Subsection (c) of such section is

4 amended—

5 (1) by redesignating paragraph (2) as para6 graph (4); and

7 (2) by inserting after paragraph (1) the fol8 lowing:

9 ‘‘(2) The Secretary shall require that manufacturing

10 technology projects proposed to be carried out under the

11 program be selected principally on the basis of the extent

12 to which the projects satisfy the purpose set forth in sub13 section (b)(1), as determined by a panel established to re14 view the proposed projects and to make the selections.

15 ‘‘(3) A manufacturing technology project selected for

16 the program may be carried out only if the head of the

17 program office of a systems command, depot, air logistics

18 center, or shipyard serves as a sponsor for the project by

19 certifying that funds available to the program office will

20 be used to pay the costs of implementing a manufacturing

21 technology developed and applied under the project to the

22 successful satisfaction of requirements described in sub23 section (b)(1).’’.

24 (c) CONSIDERATION OF COST-SHARING PRO25 POSALS.—Subsection (d) of such section is amended—
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1 (1) by striking paragraphs (2) and (3);

2 (2) by striking ‘‘(A)’’ following ‘‘(d) COMPETI3 TION AND COST SHARING.—(1)’’; and

4 (3) by striking ‘‘(B) For each’’ and all that fol5 lows through ‘‘competitive procedures.’’ and insert6 ing the following: ‘‘(2) The competitive procedures

7 shall include among the factors to be considered in

8 the evaluation of a proposal for a grant, contract,

9 cooperative agreement, or other transaction for a

10 project the extent to which the proposal provides for

11 the prospective recipient to share in defraying the

12 costs of the project.’’.

13 SEC. 216. TESTING OF AIRBLAST AND IMPROVISED EXPLO14 SIVES.

15 Of the amount authorized to be appropriated under

16 section 201(4)—

17 (1) $4,000,000 is available for testing of air18 blast and improvised explosives (in PE 63122D);

19 and

20 (2) the amount provided for sensor and guid21 ance technology (in PE 63762E) is reduced by

22 $4,000,000.
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1 Subtitle C—Ballistic Missile

2 Defense

3 SEC. 221. THEATER MISSILE DEFENSE UPPER TIER ACQUI4 SITION STRATEGY.

5 (a) REVISED UPPER TIER STRATEGY.—The Sec6 retary of Defense shall establish an acquisition strategy

7 for the upper tier missile defense systems that—

8 (1) retains funding for both of the upper tier

9 systems in separate, independently managed pro10 gram elements throughout the future-years defense

11 program;

12 (2) bases funding decisions and program sched13 ules for each upper tier system on the performance

14 of each system independent of the performance of

15 the other system; and

16 (3) provides for accelerating the deployment of

17 both of the upper tier systems to the maximum ex18 tent practicable.

19 (b) UPPER TIER SYSTEMS DEFINED.—For purposes

20 of this section, the upper tier missile defense systems are

21 the following:

22 (1) The Navy Theater Wide system.

23 (2) The Theater High-Altitude Area Defense

24 system.
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1 SEC. 222. REPEAL OF REQUIREMENT TO IMPLEMENT

2 TECHNICAL AND PRICE COMPETITION FOR

3 THEATER HIGH ALTITUDE AREA DEFENSE

4 SYSTEM.

5 Subsection (a) of section 236 of the Strom Thurmond

6 National Defense Authorization Act for Fiscal Year 1999

7 (Public Law 105–261; 112 Stat. 1953) is repealed.

8 SEC. 223. SPACE-BASED LASER PROGRAM.

9 (a) STRUCTURE OF PROGRAM.—The Secretary of De10 fense shall structure the space-based laser program to

11 include—

12 (1) a near-term integrated flight experiment;

13 and

14 (2) an ongoing activity for developing an objec15 tive system design, including developing, testing, and

16 operating a prototype system.

17 (b) INTEGRATED FLIGHT EXPERIMENT.—The Sec18 retary shall structure the integrated flight experiment to

19 provide for the following:

20 (1) Establishment of an objective to carry out

21 an early demonstration of the fundamental end-to22 end capability to detect, track, and destroy a boost23 ing ballistic missile with a lethal laser from space.

24 (2) Utilization, to the maximum extent possible,

25 of technology that has been demonstrated in prin-
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1 ciple or can be developed in the near-term with a low

2 degree of risk.

3 (3) A goal of launching the experiment by

4 2006.

5 (c) DEVELOPMENT OF OBJECTIVE SYSTEM DE6 SIGN.—In order to develop an objective system design

7 suited to the operational and technological environment

8 that will exist when such a system can be deployed, the

9 Secretary shall structure the space-based laser program

10 schedule to include the following:

11 (1) Robust research and development on ad12 vanced technologies in parallel with the development

13 of the integrated flight experiment.

14 (2) Architecture studies to assess alternative

15 space-based laser constellation and system perform16 ance characteristics.

17 (3) Planning for the development of a space18 based laser prototype that—

19 (A) utilizes the lessons learned from the

20 integrated flight experiment;

21 (B) is supported by ongoing architecture

22 and advanced technology research and develop23 ment efforts; and

24 (C) is scheduled to be launched approxi25 mately two years before the date by which the
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1 objective space-based laser system configuration

2 is to be completed.

3 (d) SENSE OF CONGRESS.—It is the sense of Con4 gress that the structure required by this section for the

5 space-based laser program is consistent with the joint ven6 ture contracting approach and overall objective that the

7 Department of Defense has established for the space8 based laser program.

9 (e) REVISED PROGRAM BASELINE.—The Secretary,

10 in consultation with the space-based laser joint venture

11 team, shall promptly revise the space-based laser program

12 baseline to reflect the requirements of this section.

13 (f) FUNDS AVAILABLE FOR BALLISTIC MISSILE DE14 FENSE ORGANIZATION EXECUTION.—Of the amounts au15 thorized to be appropriated under section 201(4),

16 $75,000,000 shall be available for the space-based laser

17 program. Amounts made available under this subsection

18 may be transferred to the Air Force for execution in sup19 port of the space-based laser program.

20 (g) FUNDS AVAILABLE FOR AIR FORCE EXECU21 TION.—Of the amounts authorized to be appropriated

22 under section 201(3), $88,840,000 shall be available for

23 the space-based laser program.
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1 SEC. 224. AIRBORNE LASER PROGRAM.

2 (a) MODIFICATION OF PROGRAM DEFINITION AND

3 RISK REDUCTION AIRCRAFT.—The Secretary of the Air

4 Force may not commence any modification of the program

5 definition and risk reduction aircraft for the Airborne

6 Laser program until the Secretary of Defense certifies to

7 Congress that he has determined that the commencement

8 of the aircraft modification according to the existing

9 schedule is justified on the basis of the results of test and

10 analysis involving the following activities:

11 (1) The North Oscura Peak dynamic test pro12 gram.

13 (2) Scintillometry data collection and analysis.

14 (3) The lethality/vulnerability program.

15 (4) The countermeasures test and analysis ef16 fort.

17 (5) Reduction and analysis of other existing

18 data.

19 (b) AUTHORITY-TO-PROCEED-2.—Before the Author20 ity-to-Proceed-2 may be approved for the Airborne Laser

21 program, the Secretary of Defense shall—

22 (1) ensure that the Secretary of the Air Force

23 has developed an appropriate plan for resolving the

24 technical challenges identified in the Airborne Laser

25 Program Assessment;

26 (2) approve the plan; and
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1 (3) submit a report on the plan to the congres2 sional defense committees.

3 (c) MILESTONE II EXIT CRITERIA.—The Secretary

4 of Defense shall restructure the Airborne Laser program

5 schedule and Milestone II exit criteria to ensure that, prior

6 to the making of a Milestone II decision approving entry

7 of the program into engineering and manufacturing

8 development—

9 (1) no modification of the engineering and man10 ufacturing development aircraft is begun;

11 (2) the program definition and risk reduction

12 aircraft is utilized in a robust series of flight tests

13 that validates the technical maturity of the Airborne

14 Laser program and provides sufficient information

15 regarding the performance of the system across the

16 full range of its validated operational requirements;

17 and

18 (3) sufficient technical information is available

19 to determine whether adequate progress is being

20 made in the ongoing effort to address the oper21 ational issues identified in the Airborne Laser Pro22 gram Assessment.

23 (d) AIRBORNE LASER PROGRAM ASSESSMENT DE24 FINED.—In this section, the term ‘‘Airborne Laser Pro25 gram Assessment’’ means the Assessment of Technical
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1 and Operational Aspects of the Airborne Laser Program

2 that was submitted to Congress by the Secretary of De3 fense on March 9, 1999.

4 SEC. 225. SENSE OF CONGRESS REGARDING BALLISTIC MIS5 SILE DEFENSE TECHNOLOGY FUNDING.

6 It is the sense of Congress that—

7 (1) because technology development provides

8 the basis for future weapon systems, it is important

9 to maintain a healthy funding balance between bal10 listic missile defense technology development and

11 ballistic missile defense acquisition programs;

12 (2) funding planned within the future years de13 fense program of the Department of Defense should

14 be sufficient to support the development of tech15 nology for future and follow-on ballistic missile de16 fense systems while simultaneously supporting bal17 listic missile defense acquisition programs;

18 (3) the Secretary of Defense should seek to en19 sure that funding in the future years defense pro20 gram is adequate for both advanced ballistic missile

21 defense technology development and for existing bal22 listic missile defense major defense acquisition pro23 grams; and

24 (4) the Secretary should submit a report to the

25 congressional defense committees by March 15,
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1 2000, on the Secretary’s plan for dealing with the

2 matters identified in this section.

3 SEC. 226. REPORT ON NATIONAL MISSILE DEFENSE.

4 Not later than March 15, 2000, the Secretary of De5 fense shall submit to Congress the Secretary’s assessment

6 of the advantages or disadvantages of a two-site deploy7 ment of a ground-based National Missile Defense system,

8 with special reference to considerations of the worldwide

9 ballistic missile threat, defensive coverage, redundancy

10 and survivability, and economies of scale.

11 SEC. 227. OPTIONS FOR AIR FORCE CRUISE MISSILES.

12 (a) STUDY.—(1) The Secretary of the Air Force shall

13 conduct a study of the options for meeting the require14 ments being met as of the date of the enactment of this

15 Act by the conventional air launched cruise missile

16 (CALCM) once the inventory of that missile has been de17 pleted. In conducting the study, the Secretary shall con18 sider the following options:

19 (A) Restarting of production of the conven20 tional air launched cruise missile.

21 (B) Acquisition of a new type of weapon with

22 the same lethality characteristics as those of the

23 conventional air launched cruise missile or improved

24 lethality characteristics.
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1 (C) Utilization of current or planned munitions,

2 with upgrades as necessary.

3 (2) The Secretary shall submit the results of this

4 study to the Armed Services Committees of the House and

5 Senate by January 15, 2000, so that the results might

6 be—

7 (A) reflected in the budget for fiscal year 2001

8 submitted to Congress under section 1105 of title

9 31, United States Code; and

10 (B) reported to Congress as required under

11 subsection (b).

12 (b) REPORT.—The report shall include a statement

13 of how the Secretary intends to meet the requirements re14 ferred to in subsection (a)(1) in a timely manner as de15 scribed in that subsection.

16 Subtitle D—Research and Develop17 ment for Long-Term Military

18 Capabilities

19 SEC. 231. ANNUAL REPORT ON EMERGING OPERATIONAL

20 CONCEPTS.

21 (a) EXTENSION OF REPORTING REQUIREMENT.—

22 Subsection (a) of section 1042 of the National Defense

23 Authorization Act for Fiscal Year 1997 (Public Law 104–

24 201; 110 Stat. 2642; 10 U.S.C. 113 note) is amended by

25 striking ‘‘2000’’ and inserting ‘‘2002’’.
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1 (b) IDENTIFICATION OF TECHNOLOGICAL OBJEC2 TIVES FOR RESEARCH AND DEVELOPMENT.—That sec3 tion is further amended by adding at the end the following

4 new subsection:

5 ‘‘(c) ADDITIONAL MATTERS TO BE INCLUDED IN

6 REPORTS AFTER 1999.—Each report under this section

7 after 1999 shall set forth the military capabilities that are

8 necessary for meeting national security requirements over

9 the next two to three decades, including—

10 ‘‘(1) the most significant strategic and oper11 ational capabilities (including both armed force-spe12 cific and joint capabilities) that are necessary for the

13 Armed Forces to prevail against the most dangerous

14 threats, including asymmetrical threats, that could

15 be posed to the national security interests of the

16 United States by potential adversaries from 2020 to

17 2030;

18 ‘‘(2) the key characteristics and capabilities of

19 future military systems (including both armed force20 specific and joint systems) that will be needed to

21 meet each such threat; and

22 ‘‘(3) the most significant research and develop23 ment challenges that must be met, and the techno24 logical breakthroughs that must be made, to develop

25 and field such systems.’’.
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1 SEC. 232. TECHNOLOGY AREA REVIEW AND ASSESSMENT.

2 Section 270(b) of the National Defense Authorization

3 Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.

4 2469; 10 U.S.C. 2501 note) is amended to read as follows:

5 ‘‘(b) TECHNOLOGY AREA REVIEW AND ASSESS6 MENT.—With the submission of the plan under subsection

7 (a) each year, the Secretary shall also submit to the com8 mittees referred to in that subsection a summary of each

9 technology area review and assessment conducted by the

10 Department of Defense in support of that plan.’’.

11 SEC. 233. REPORT BY UNDER SECRETARY OF DEFENSE

12 FOR ACQUISITION AND TECHNOLOGY.

13 (a) REQUIREMENT.—The Under Secretary of De14 fense for Acquisition and Technology shall submit to the

15 congressional defense committees a report on the actions

16 that are necessary to promote the research base and tech17 nological development that will be needed for ensuring

18 that the Armed Forces have the military capabilities that

19 are necessary for meeting national security requirements

20 over the next two to three decades.

21 (b) CONTENT.—The report shall include the actions

22 that have been taken or are planned to be taken within

23 the Department of Defense to ensure that—

24 (1) the Department of Defense laboratories

25 place an appropriate emphasis on revolutionary

26 changes in military operations and the new tech-
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1 nologies that will be necessary to support those oper2 ations;

3 (2) the Department helps sustain a high-quality

4 national research base that includes organizations

5 attuned to the needs of the Department, the fos6 tering and creation of revolutionary technologies use7 ful to the Department, and the capability to identify

8 opportunities for new military capabilities in emerg9 ing scientific knowledge;

10 (3) the Department can identify, provide appro11 priate funding for, and ensure the coordinated devel12 opment of joint technologies that will serve the needs

13 of more than one of the Armed Forces;

14 (4) the Department can identify militarily rel15 evant technologies that are developed in the private

16 sector, rapidly incorporate those technologies into

17 defense systems, and effectively utilize technology

18 transfer processes;

19 (5) the Department can effectively and effi20 ciently manage the transition of new technologies

21 from the applied research and advanced techno22 logical development stage through the product devel23 opment stage in a manner that ensures that max24 imum advantage is obtained from advances in tech25 nology; and
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1 (6) the Department’s educational institutions

2 for the officers of the uniformed services incorporate

3 into their officer education and training programs,

4 as appropriate, materials necessary to ensure that

5 the officers have the familiarity with the processes,

6 advances, and opportunities in technology develop7 ment that is necessary for making decisions that en8 sure the superiority of United States defense tech9 nology in the future.

10 SEC. 234. INCENTIVES TO PRODUCE INNOVATIVE NEW

11 TECHNOLOGIES.

12 (a) TECHNICAL RISK AND PROFIT INCENTIVE.—The

13 Department of Defense profit guidelines established in

14 subpart 215.9 of the Department of Defense Supplement

15 to the Federal Acquisition Regulation shall be modified

16 to place increased emphasis on technical risk as a factor

17 for determining appropriate profit margins and otherwise

18 to provide an increased profit incentive for contractors to

19 develop and produce complex and innovative new tech20 nologies, rather than to produce mature technologies with

21 low technical risk.

22 (b) EXPIRATION OF AUTHORITY.—This section shall

23 cease to be effective one year after the date on which the

24 Secretary of Defense publishes in the Federal Register
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1 final regulations modifying the guidelines in accordance

2 with subsection (a).

3 SEC. 235. DARPA COMPETITIVE PRIZES AWARD PROGRAM

4 FOR ENCOURAGING DEVELOPMENT OF AD5 VANCED TECHNOLOGIES.

6 (a) AUTHORITY.—Chapter 139 of title 10, United

7 States Code, is amended by inserting after section 2374

8 the following:

9 ‘‘§ 2374a. Prizes for advanced technology

10 ‘‘(a) AUTHORITY.—The Director of the Defense Ad11 vanced Research Projects Agency may carry out a pro12 gram to award prizes in recognition of outstanding

13 achievements in basic, advanced, and applied research,

14 technology development, and prototype development that

15 have the potential for application to the performance of

16 the military missions of the Department of Defense.

17 ‘‘(b) COMPETITION REQUIREMENTS.—The Director

18 shall use a competitive process for the selection of recipi19 ents of prizes under this section. The process shall include

20 the widely-advertised solicitation of submissions of re21 search results, technology developments, and prototypes.

22 ‘‘(c) FORM OF PRIZE.—A prize awarded under this

23 section shall be a monetary award together with a trophy,

24 plaque, or medal or other emblem.
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1 ‘‘(d) LIMITATIONS.—(1) The total amount made

2 available for award of cash prizes in a fiscal year may not

3 exceed $10,000,000.

4 ‘‘(2) No prize competition may result in the award

5 of more than $1,000,000 in cash prizes without the ap6 proval of the Under Secretary of Defense for Acquisition

7 and Technology.

8 ‘‘(e) RELATIONSHIP TO OTHER AUTHORITY.—The

9 Director may exercise the authority under this section in

10 conjunction with or in addition to the exercise of any other

11 authority of the Director to acquire, support, or stimulate

12 basic, advanced and applied research, technology develop13 ment, or prototype projects.

14 ‘‘(f) ANNUAL REPORT.—Promptly after the end of

15 each fiscal year, the Director shall submit to the Commit16 tees on Armed Services of the Senate and the House of

17 Representatives a report on the administration of the pro18 gram for the fiscal year. The report shall include the fol19 lowing:

20 ‘‘(1) The military applications of the research,

21 technology, or prototypes for which prizes were

22 awarded.

23 ‘‘(2) The total amount of the prizes awarded.
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1 ‘‘(3) The methods used for solicitation and eval2 uation of submissions, together with an assessment

3 of the effectiveness of those methods.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of such chapter is amended by inserting

6 after the item relating to section 2374 the following:

‘‘2374a. Prizes for advanced technology.’’.

7 SEC. 236. ADDITIONAL PILOT PROGRAM FOR REVITAL8 IZING DEPARTMENT OF DEFENSE LABORA9 TORIES.

10 (a) AUTHORITY.—(1) The Secretary of Defense may

11 carry out a pilot program to demonstrate improved cooper12 ative relationships with universities and other private sec13 tor entities for the performance of research and develop14 ment functions. The pilot program under this section is

15 in addition to the pilot program carried out under section

16 246 of the Strom Thurmond National Defense Authoriza17 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

18 Stat. 1955: 10 U.S.C. 2358 note)

19 (2) Under the pilot program, the Secretary of De20 fense shall provide the director of one science and tech21 nology laboratory, and the director of one test and evalua22 tion laboratory, of each military department with author23 ity for the following:

24 (A) To ensure that the defense laboratories can

25 attract a balanced workforce of permanent and tem-
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1 porary personnel with an appropriate level of skills

2 and experience, and can effectively compete in hiring

3 processes to obtain the finest scientific talent.

4 (B) To develop or expand innovative methods of

5 operation that provide more defense research for

6 each dollar of cost, including to carry out such ini7 tiatives as focusing on the performance of core func8 tions and adopting more business-like practices.

9 (C) To waive any restrictions not required by

10 law that apply to the demonstration and implemen11 tation of methods for achieving the objectives in sub12 paragraphs (A) and (B).

13 (3) In selecting the laboratories for participation in

14 the pilot program, the Secretary shall consider labora15 tories where innovative management techniques have been

16 demonstrated, particularly as documented under sections

17 1115 through 1119 of title 31, United States Code, relat18 ing to Government agency performance and results.

19 (4) The Secretary may carry out the pilot program

20 at each selected laboratory for a period of three years be21 ginning not later than March 1, 2000.

22 (b) REPORT.—(1) Not later than March 1, 2000, the

23 Secretary of Defense shall submit a report on the imple24 mentation of the pilot program to Congress. The report

25 shall include the following:
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1 (A) Each laboratory selected for the pilot pro2 gram.

3 (B) To the extent possible, a description of the

4 innovative concepts that are to be tested at each lab5 oratory or center.

6 (C) The criteria to be used for measuring the

7 success of each concept to be tested.

8 (2) Promptly after the expiration of the period for

9 participation of a laboratory in the pilot program, the Sec10 retary of Defense shall submit to Congress a final report

11 on the participation of the laboratory in the pilot program.

12 The report shall contain the following:

13 (A) A description of the concepts tested.

14 (B) The results of the testing.

15 (C) The lessons learned.

16 (D) Any proposal for legislation that the Sec17 retary recommends on the basis of the experience at

18 the laboratory under the pilot program.

19 SEC. 237. EXEMPTION OF DEFENSE LABORATORY EMPLOY20 EES FROM CERTAIN WORKFORCE MANAGE21 MENT RESTRICTIONS.

22 (a) STRENGTH MANAGEMENT.—Section 342 of the

23 National Defense Authorization Act for Fiscal Year 1995

24 (Public Law 103–337; 108 Stat. 2721) is amended by

25 adding at the end the following new paragraph:
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1 ‘‘(4) The employees of a laboratory covered by a per2 sonnel demonstration project carried out under this sec3 tion shall be exempt from, and may not be counted for

4 the purposes of, any constraint or limitation in a statute

5 or regulation in terms of man years, end strength, full

6 time equivalent positions, supervisory ratios, or maximum

7 number of employees in any category or categories of em8 ployment that may otherwise be applicable to the employ9 ees. The employees shall be managed by the director of

10 the laboratory subject to the supervision of the Under Sec11 retary of Defense for Acquisition and Technology.’’.

12 (b) REDUCTIONS IN FORCE.—Notwithstanding any

13 provision of law that requires a reduction in the size of

14 the defense acquisition workforce—

15 (1) the employees of a Department of Defense

16 laboratory shall not be considered as being included

17 in that workforce for the purpose of that provision

18 of law; and

19 (2) the Secretary of Defense, in carrying out

20 the reduction under that provision of law, shall con21 sider the size of the required reduction as being low22 ered by—

23 (A) the percent determined by dividing (on

24 the basis of the equivalent of full-time employ25 ees) the total number of employees in the de-
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1 fense acquisition workforce as of the beginning

2 of the reduction in force into the number of lab3 oratory employees that, except for paragraph

4 (1), would otherwise have been considered as

5 being in the workforce to be reduced under that

6 provision of law; or

7 (B) any other factor that the Secretary de8 termines as being a more appropriate measure

9 for the adjustment.

10 SEC. 238. USE OF WORKING-CAPITAL FUNDS FOR FINANC11 ING RESEARCH AND DEVELOPMENT OF THE

12 MILITARY DEPARTMENTS.

13 (a) AUTHORITY.—Section 2208 of title 10, United

14 States Code, is amended by adding at the end the fol15 lowing:

16 ‘‘(r) RESEARCH, DEVELOPMENT, TEST, AND EVAL17 UATION.—(1) Working-capital funds shall be used for fi18 nancing all research, development, test, and evaluation ac19 tivities and programs of the military departments.

20 ‘‘(2) The following transactions are authorized for the

21 use of working-capital funds for activities and programs

22 described in paragraph (1):

23 ‘‘(A) Acceptance of reimbursable orders from

24 authorized customers.
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1 ‘‘(B) Crediting of working-capital funds, out of

2 funds available for a military department for re3 search, development, test, and evaluation or any

4 other appropriate source of funds, for goods and

5 services provided to that military department.

6 ‘‘(3) The policies, procedures, and regulations of the

7 Department of Defense that are applicable to the use and

8 management of Department of Defense revolving funds

9 shall be applied uniformly to all uses of working-capital

10 funds for financing the activities and programs described

11 in paragraph (1).’’.

12 (b) IMPLEMENTATION.—(1) The Secretary of De13 fense shall amend the Department of Defense Financial

14 Management Regulation to ensure that subsection (r)(3)

15 of section 2208 of title 10, United States Code (as added

16 by subsection (a)), is fully implemented.

17 (2) Not later than April 1, 2000, and August 1,

18 2000, the Under Secretary of Defense (Comptroller) shall

19 submit to the Committees on Armed Services of the Sen20 ate and the House of Representatives written status re21 ports on the progress made in implementing subsection

22 (r) of section 2208 of title 10, United States Code, as

23 added by subsection (a). Each status report shall, at a

24 minimum, include the following:
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1 (A) The schedule for completing the key actions

2 necessary for implementation.

3 (B) The progress made in the implementation

4 by the military departments and the other agencies

5 of the Department of Defense through the date of

6 the report.

7 (C) Each delay and obstacle encountered in the

8 implementation, together with an explanation of the

9 actions taken in each such case to ensure timely im10 plementation.

11 SEC. 239. EFFICIENT UTILIZATION OF DEFENSE LABORA12 TORIES.

13 (a) ANALYSIS BY INDEPENDENT PANEL.—(1) Not

14 later than 45 days after the date of the enactment of this

15 Act, the Secretary of Defense shall convene a panel of

16 independent experts under the auspices of the Defense

17 Science Board to conduct an analysis of the resources and

18 capabilities of all of the laboratories and test and evalua19 tion facilities of the Department of Defense, including

20 those of the military departments. In conducting the anal21 ysis, the panel shall identify opportunities to achieve effi22 ciency and reduce duplication of efforts by consolidating

23 responsibilities by area or function or by designating lead

24 agencies or executive agents in cases considered appro-
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1 priate. The panel shall report its findings to the Secretary

2 of Defense and to Congress not later than August 1, 2000.

3 (2) The analysis required by paragraph (1) shall, at

4 a minimum, address the capabilities of the laboratories

5 and test and evaluation facilities in the areas of air vehi6 cles, armaments, command, control, communications, and

7 intelligence, space, directed energy, electronic warfare,

8 medicine, corporate laboratories, civil engineering, geo9 physics, and the environment.

10 (b) PERFORMANCE REVIEW PROCESS.—Not later

11 than 180 days after the date of the enactment of this Act,

12 the Secretary of Defense shall develop an appropriate per13 formance review process for rating the quality and rel14 evance of work performed by the Department of Defense

15 laboratories. The process shall include customer evaluation

16 and peer review by Department of Defense personnel and

17 appropriate experts from outside the Department of De18 fense. The process shall provide for rating all laboratories

19 of the Army, Navy, and Air Force on a consistent basis.

20 Subtitle E—Other Matters

21 SEC. 251. REPORT ON AIR FORCE DISTRIBUTED MISSION

22 TRAINING.

23 (a) REQUIREMENT.—The Secretary of the Air Force

24 shall submit to Congress, not later than January 31,
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1 2000, a report on the Air Force Distributed Mission

2 Training program.

3 (b) CONTENT OF REPORT.—The report shall include

4 a discussion of the following:

5 (1) The progress that the Air Force has made

6 to demonstrate and prove the Air Force Distributed

7 Mission Training concept of linking geographically

8 separated, high-fidelity simulators to provide a mis9 sion rehearsal capability for Air Force units, and

10 any units of any of the other Armed Forces as may

11 be necessary, to train together from their home sta12 tions.

13 (2) The actions that have been taken or are

14 planned to be taken within the Department of the

15 Air Force to ensure that—

16 (A) an independent study of all require17 ments, technologies, and acquisition strategies

18 essential to the formulation of a sound Distrib19 uted Mission Training program is under way;

20 and

21 (B) all Air Force laboratories and other

22 Air Force facilities necessary to the research,

23 development, testing, and evaluation of the Dis24 tributed Mission Training program have been

25 assessed regarding the availability of the nec-
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1 essary resources to demonstrate and prove the

2 Air Force Distributed Mission Training con3 cept.

4 TITLE III—OPERATION AND

5 MAINTENANCE

6 Subtitle A—Authorization of

7 Appropriations

8 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

9 (a) AMOUNTS AUTHORIZED.—Funds are hereby au10 thorized to be appropriated for fiscal year 2000 for the

11 use of the Armed Forces and other activities and agencies

12 of the Department of Defense for expenses, not otherwise

13 provided for, for operation and maintenance, in amounts

14 as follows:

15 (1) For the Army, $18,340,094,000.

16 (2) For the Navy, $22,182,615,000.

17 (3) For the Marine Corps, $2,612,529,000.

18 (4) For the Air Force, $20,342,403,000.

19 (5) For Defense-wide activities,

20 $10,963,033,000.

21 (6) For the Army Reserve, $1,376,813,000.

22 (7) For the Naval Reserve, $927,347,000.

23 (8) For the Marine Corps Reserve,

24 $125,766,000.

25 (9) For the Air Force Reserve, $1,726,837,000.
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1 (10) For the Army National Guard,

2 $2,912,249,000.

3 (11) For the Air National Guard,

4 $3,119,518,000.

5 (12) For the Defense Inspector General,

6 $138,244,000.

7 (13) For the United States Court of Appeals

8 for the Armed Forces, $7,621,000.

9 (14) For Environmental Restoration, Army,

10 $378,170,000.

11 (15) For Environmental Restoration, Navy,

12 $284,000,000.

13 (16) For Environmental Restoration, Air Force,

14 $376,800,000.

15 (17) For Environmental Restoration, Defense16 wide, $25,370,000.

17 (18) For Environmental Restoration, Formerly

18 Used Defense Sites, $239,214,000.

19 (19) For Overseas Humanitarian, Demining,

20 and CINC Initiatives, $55,800,000.

21 (20) For Drug Interdiction and Counter-drug

22 Activities, Defense-wide, $745,265,000.

23 (21) For the Kaho’olawe Island Conveyance,

24 Remediation, and Environmental Restoration Trust

25 Fund, $15,000,000.
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1 (22) For Medical Programs, Defense,

2 $10,453,487,000.

3 (23) For Cooperative Threat Reduction pro4 grams, $475,500,000.

5 (24) For Overseas Contingency Operations

6 Transfer Fund, $2,387,600,000.

7 (25) For Combating Terrorism Activities

8 Transfer Fund, $1,954,430,000.

9 (26) For quality of life enhancements,

10 $1,845,370,000.

11 (27) For defense transfer programs,

12 $31,000,000.

13 (b) GENERAL LIMITATION.—Notwithstanding para14 graphs (1) through (27) of subsection (a), the total

15 amount authorized to be appropriated for fiscal year 2000

16 under those paragraphs is $104,042,075,000.

17 SEC. 302. WORKING-CAPITAL FUNDS.

18 Funds are hereby authorized to be appropriated for

19 fiscal year 2000 for the use of the Armed Forces and other

20 activities and agencies of the Department of Defense for

21 providing capital for working-capital and revolving funds

22 in amounts as follows:

23 (1) For the Army Working-Capital Fund,

24 $62,344,000.
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1 (2) For the Defense Working-Capital Fund, Air

2 Force, $28,000,000.

3 (3) For the National Defense Sealift Fund,

4 $394,700,000.

5 SEC. 303. ARMED FORCES RETIREMENT HOME.

6 There is hereby authorized to be appropriated for fis7 cal year 2000 from the Armed Forces Retirement Home

8 Trust Fund the sum of $68,295,000 for the operation of

9 the Armed Forces Retirement Home, including the United

10 States Soldiers’ and Airmen’s Home and the Naval Home.

11 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK12 PILE TRANSACTION FUND.

13 (a) TRANSFER AUTHORITY.—To the extent provided

14 in appropriations Acts, not more than $150,000,000 is au15 thorized to be transferred from the National Defense

16 Stockpile Transaction Fund to operation and maintenance

17 accounts for fiscal year 2000 in amounts as follows:

18 (1) For the Army, $50,000,000.

19 (2) For the Navy, $50,000,000.

20 (3) For the Air Force, $50,000,000.

21 (b) TREATMENT OF TRANSFERS.—Amounts trans22 ferred under this section—

23 (1) shall be merged with, and be available for

24 the same purposes and the same period as, the

25 amounts in the accounts to which transferred; and
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1 (2) may not be expended for an item that has

2 been denied authorization of appropriations by Con3 gress.

4 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR5 ITY.—The transfer authority provided in this section is in

6 addition to the transfer authority provided in section

7 1001.

8 SEC. 305. OPERATIONAL METEOROLOGY AND OCEANOG9 RAPHY AND UNOLS.

10 Of the funds authorized to be appropriated in section

11 301(a), an additional $10,000,000 may be expended for

12 Operational Meteorology and Oceanography and UNOLS.

13 SEC. 306. ARMED FORCES EMERGENCY SERVICES.

14 Of the funds in section 301(a)(5), $23,000,000 shall

15 be made available to the American Red Cross to fund the

16 Armed Forces Emergency Services.

17 Subtitle B—Program Require18 ments, Restrictions, and Limita19 tions

20 SEC. 311. NATO COMMON-FUNDED MILITARY BUDGET.

21 Of the amount authorized to be appropriated pursu22 ant to section 301(a)(1) for operation and maintenance

23 for the Army, $216,400,000 shall be available for con24 tributions for the common-funded Military Budget of the

25 North Atlantic Treaty Organization.
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1 SEC. 312. USE OF HUMANITARIAN AND CIVIC ASSISTANCE

2 FUNDING FOR PAY AND ALLOWANCES OF

3 SPECIAL OPERATIONS COMMAND RESERVES

4 FURNISHING DEMINING TRAINING AND RE5 LATED ASSISTANCE AS HUMANITARIAN AS6 SISTANCE.

7 Section 401(c) of title 10, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(5) Up to 5 percent of the funds available in any

10 fiscal year for humanitarian and civic assistance described

11 in subsection (e)(5) may be expended for the pay and al12 lowances of reserve component personnel of the Special

13 Operations Command for periods of duty for which the

14 personnel, for a humanitarian purpose, furnish education

15 and training on the detection and clearance of landmines

16 or furnish related technical assistance.’’.

17 SEC. 313. NATIONAL DEFENSE FEATURES PROGRAM.

18 Section 2218 of title 10, United States Code, is

19 amended—

20 (1) by redesignating subsection (k) as sub21 section (l);

22 (2) by inserting after subsection (j) the fol23 lowing new subsection (k):

24 ‘‘(k) CONTRACTS FOR INCORPORATION OF DEFENSE

25 FEATURES IN COMMERCIAL VESSELS.—(1) The head of

26 any agency, after making a determination of the economic
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1 soundness of an offer to do so, may enter into a contract

2 with the offeror for the offeror to install and maintain de3 fense features for national defense purposes in one or

4 more commercial vessels owned or controlled by the offeror

5 in accordance with the purpose for which funds in the Na6 tional Defense Sealift Fund are available under subsection

7 (c)(1)(C).

8 ‘‘(2) The head of an agency may make advance pay9 ments to the contractor under the contract in one lump

10 sum, annual payments, or any combination thereof for

11 costs associated with the installation and maintenance of

12 the defense features on one or more commercial vessels,

13 as follows:

14 ‘‘(A) The costs to build, procure, and install

15 any defense feature in a vessel.

16 ‘‘(B) The costs to maintain and test any de17 fense feature on a vessel periodically.

18 ‘‘(C) Any increased costs of operation or any

19 loss of revenue attributable to the installation or

20 maintenance of any defense feature on a vessel.

21 ‘‘(D) Any additional costs associated with the

22 terms and conditions of the contract.

23 ‘‘(3) For any contract under which the United States

24 provides advance payments for the costs associated with

25 installation or maintenance of any defense feature on a
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1 commercial vessel, the contractor shall provide to the

2 United States any security interest in the vessel, by way

3 of a preferred mortgage under section 31322 of title 46

4 or otherwise, that the head of the agency prescribes in

5 order adequately to protect the United States against loss

6 for the total amount of those costs.

7 ‘‘(4) Each contract entered into under this subsection

8 shall—

9 ‘‘(A) set forth terms and conditions under

10 which, so long as a vessel covered by the contract is

11 owned or controlled by the contractor, the contractor

12 is to operate the vessel for the Department of De13 fense notwithstanding any other contract or commit14 ment of that contractor; and

15 ‘‘(B) provide that the contractor operating the

16 vessel for the Department of Defense shall be paid

17 for that operation at fair and reasonable rates.

18 ‘‘(5) The head of an agency may not delegate author19 ity under this subsection to any person in a position below

20 the level of head of a procuring activity.’’; and

21 (3) by adding at the end of subsection (l), as

22 redesignated by paragraph (1), the following:

23 ‘‘(5) The term ‘head of an agency’ has the

24 meaning given the term in section 2302(1) of this

25 title.’’.
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1 SEC. 314. ADDITIONAL AMOUNTS FOR DRUG INTERDICTION

2 AND COUNTER-DRUG ACTIVITIES.

3 (a) AUTHORIZATION OF ADDITIONAL AMOUNT.—

4 Notwithstanding any other provision of this Act, the

5 amount authorized to be appropriated by section

6 301(a)(20) is hereby increased by $59,200,000.

7 (b) USE OF ADDITIONAL AMOUNTS.—Of the

8 amounts authorized to be appropriated by section

9 301(a)(20), as increased by subsection (a) of this section,

10 funds shall be available in the following amounts for the

11 following purposes:

12 (1) $6,000,000 shall be available for Operation

13 Caper Focus.

14 (2) $17,500,000 shall be available for a

15 Relocatable Over the Horizon (ROTHR) capability

16 for the Eastern Pacific based in the continental

17 United States.

18 (3) $2,700,000 shall be available for forward

19 looking infrared radars for P–3 aircraft.

20 (4) $8,000,000 shall be available for enhanced

21 intelligence capabilities.

22 (5) $5,000,000 shall be used for Mothership

23 Operations.

24 (6) $20,000,000 shall be used for National

25 Guard State plans.
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1 Subtitle C—Environmental

2 Provisions

3 SEC. 321. ENVIRONMENTAL TECHNOLOGY MANAGEMENT.

4 (a) PURPOSES.—The purposes of this section are—

5 (1) to hold the Department of Defense and the

6 military departments accountable for achieving per7 formance-based results in the management of envi8 ronmental technology by providing a connection be9 tween program direction and the achievement of spe10 cific performance-based results;

11 (2) to assure the identification of end-user re12 quirements for environmental technology within the

13 military departments;

14 (3) to assure results, quality of effort, and ap15 propriate levels of service and support for end-users

16 of environmental technology within the military de17 partments; and

18 (4) to promote improvement in the performance

19 of environmental technologies by establishing objec20 tives for environmental technology programs, meas21 uring performance against such objectives, and mak22 ing public reports on the progress made in such per23 formance.

24 (b) ENVIRONMENTAL TECHNOLOGY MANAGE25 MENT.—Chapter 139 of title 10, United States Code, is
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1 amended by inserting after section 2358 the following new

2 section:

3 ‘‘§ 2358a. Research and development: environmental

4 technology

5 ‘‘(a) MANAGEMENT OF RESEARCH AND DEVELOP6 MENT.—The Secretary of Defense shall provide in accord7 ance with this section for the management of projects en8 gaged in under section 2358 of this title for the research,

9 development, and evaluation of environmental technologies

10 for the Department of Defense and the military depart11 ments.

12 ‘‘(b) RESPONSIBILITIES OF SECRETARY OF DE13 FENSE.—The Secretary of Defense shall—

14 ‘‘(1) establish guidelines for the development by

15 the Department of Defense and the military depart16 ments of an investment control process for the selec17 tion, management, and evaluation of environmental

18 technologies within the Department of Defense;

19 ‘‘(2) develop a strategic plan for the develop20 ment of environmental technologies within the De21 partment of Defense which shall specify goals and

22 objectives for the development of environmental

23 technologies within the Department and provide spe24 cific mechanisms for assuring the achievement of

25 such goals and objectives;
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1 ‘‘(3) establish guidelines for use by the officials

2 concerned in preparing the annual performance

3 plans and performance reports required by this sec4 tion;

5 ‘‘(4) determine the feasibility of permitting such

6 officials to develop quantifiable and measurable per7 formance objectives for particular environmental

8 technology projects; and

9 ‘‘(5) if the Secretary determines that the devel10 opment of performance objectives for particular

11 technology projects by the officials referred to in

12 that paragraph is not feasible, establish a schedule

13 for meeting the performance plan requirements set

14 forth in subsection (c).

15 ‘‘(c) RESPONSIBILITIES WITHIN DEPARTMENT OF

16 DEFENSE.—(1) Each official concerned shall—

17 ‘‘(A) develop and implement an investment con18 trol process for the selection, management, and eval19 uation of environmental technologies by the depart20 ment or agencies; and

21 ‘‘(B) establish at the beginning of each fiscal

22 year a performance plan for the environmental tech23 nology program of the department or agencies.
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1 ‘‘(2) An investment control process under paragraph

2 (1)(A) shall include, for the department or agency con3 cerned, mechanisms—

4 ‘‘(A) to ensure the identification of end-user re5 quirements for environmental technologies;

6 ‘‘(B) to prioritize such requirements within the

7 context of funding constraints and the overall envi8 ronmental technology requirements of the Depart9 ment of Defense;

10 ‘‘(C) to avoid duplication and overlap in the re11 search and development of environmental tech12 nologies both within the Department of Defense and

13 between the Department of Defense and other public

14 and private entities and persons;

15 ‘‘(D) to provide for the conduct of performance16 based reviews of environmental technologies that

17 take into account end-user evaluations of such tech18 nologies and permit a measurement of return on in19 vestments in such technologies;

20 ‘‘(E) to ensure that the environmental tech21 nology effort responds in an appropriate manner to

22 end-user requirements, program and funding prior23 ities and constraints, and the reviews conducted pur24 suant to subparagraph (D); and
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1 ‘‘(F) to ensure appropriate protection of United

2 States interests in any intellectual property rights

3 associated with environmental technologies developed

4 by or with the assistance of the department or agen5 cies concerned.

6 ‘‘(3) A performance plan under paragraph (1)(B) for

7 the environmental technology program of a department or

8 agency for a fiscal year shall—

9 ‘‘(A) unless the Secretary of Defense deter10 mines that it is not feasible under subsection (b)(5),

11 establish performance objectives for each environ12 mental technology project under the program for the

13 fiscal year based on end-user requirements and pro14 gram priorities under the program, and express such

15 objectives in a quantifiable and measurable form;

16 ‘‘(B) provide a basis for comparing the actual

17 results of each project at the end of the fiscal year

18 with the performance objectives for the project for

19 the fiscal year;

20 ‘‘(C) establish means to validate the achieve21 ment of performance objectives for each project or to

22 specify the extent to which such validation is not

23 possible;

24 ‘‘(D) establish performance indicators for pur25 poses of measuring or assessing relevant outputs
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1 and outcomes for each project for the fiscal year;

2 and

3 ‘‘(E) establish mechanisms for determining the

4 operational processes, skills and technology, human

5 capital, information, or other resources necessary to

6 meet the performance objectives for each project for

7 the fiscal year.

8 ‘‘(d) ANNUAL REPORT.—(1) Not later than March

9 31 each year, the Secretary of Defense shall submit to

10 Congress, at the same time as the Secretary submits the

11 report required by section 2706(b) of this title, a report

12 on the environmental technology program of the Depart13 ment of Defense during the preceding fiscal year.

14 ‘‘(2) Each report under paragraph (1) shall, with re15 spect to each project under the environmental technology

16 program of the Department—

17 ‘‘(A) set forth the performance objectives estab18 lished for the project for the fiscal year under sub19 section (c)(3) and assess the performance achieved

20 with respect to the project in light of performance

21 indicators for the project;

22 ‘‘(B) describe the extent to which the project

23 met the performance objectives established for the

24 project for the fiscal year;
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1 ‘‘(C) if a project did not meet the performance

2 objectives for the project for the fiscal year,

3 include—

4 ‘‘(i) an explanation for the failure of the

5 project to meet the performance objectives; and

6 ‘‘(ii) either—

7 ‘‘(I) a modified schedule for meeting

8 the performance objectives; or

9 ‘‘(II) in the case of any performance

10 objective determined to be impracticable or

11 infeasible to meet, a statement of alter12 native actions to be taken with respect to

13 the project; and

14 ‘‘(D) set forth the level of effort, including the

15 funds obligated and expended, in the fiscal year for

16 the achievement of each performance objective for

17 the project.

18 ‘‘(e) OFFICIAL CONCERNED DEFINED.—In this sec19 tion, the term ‘official concerned’ means the following:

20 ‘‘(1) The Deputy Under Secretary of Defense

21 (Environmental Security), with respect to the envi22 ronmental technology program of the Defense Agen23 cies.

24 ‘‘(2) The Deputy Assistant Secretary of the

25 Army for Environment, Safety, and Occupational
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1 Health, with respect to the environmental technology

2 program of the Army or any environmental program

3 technology for which the Army is the executive

4 agent.

5 ‘‘(3) The Deputy Assistant Secretary of the

6 Navy (Environment and Safety), with respect to the

7 environmental technology program of the Navy or

8 any environmental technology program for which the

9 Navy is the executive agent.

10 ‘‘(4) The Deputy Assistant Secretary of the Air

11 Force (Environment, Safety, and Occupational

12 Health), with respect to the environmental tech13 nology program of the Air Force or any environ14 mental technology program for which the Air Force

15 is the executive agent.’’.

16 (c) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of chapter 139 of such title is amended

18 by inserting after the item relating to section 2358 the

19 following new item:

‘‘2358a. Research and development: environmental technology.’’.
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1 SEC. 322. ESTABLISHMENT OF ENVIRONMENTAL RES2 TORATION ACCOUNTS FOR INSTALLATIONS

3 CLOSED OR REALIGNED UNDER THE BASE

4 CLOSURE LAWS AND FOR FORMERLY USED

5 DEFENSE SITES.

6 (a) ACCOUNT FOR FORMERLY USED DEFENSE

7 SITES.—Subsection (a) of section 2703 of title 10, United

8 States Code, is amended by adding at the end the fol9 lowing new paragraph:

10 ‘‘(5) An account to be known as the ‘Environ11 mental Restoration Account, Army, Formerly Used

12 Defense Sites’.’’.

13 (b) ACCOUNT FOR DEFENSE BASE CLOSURE AND

14 REALIGNMENT.—That subsection is further amended by

15 adding at the end the following new paragraph:

16 ‘‘(6) An account to be known as the ‘Environ17 mental Restoration Account, Defense Base Closure

18 and Realignment’.’’.

19 (c) USE OF FUNDS IN BASE CLOSURE AND REALIGN20 MENT ACCOUNT.—(1) Subsection (b) of that section is

21 amended—

22 (A) by striking ‘‘Funds authorized’’ and insert23 ing ‘‘(1) Except as provided in paragraph (2), funds

24 authorized’’; and

25 (B) by adding at the end the following:
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1 ‘‘(2)(A) Funds authorized for deposit in the Environ2 mental Restoration Account, Defense Base Closure and

3 Realignment established under subsection (a)(6) may be

4 obligated and expended from the account only for carrying

5 out environmental restoration required as the result of the

6 closure or realignment of military installations pursuant

7 to a base closure law. Such funds shall be the exclusive

8 source of funds for such environmental restoration.

9 ‘‘(B) For purposes of this paragraph, the term ‘base

10 closure law’ means the following:

11 ‘‘(i) Section 2687 of this title.

12 ‘‘(ii) The Defense Base Closure and Realign13 ment Act of 1990 (part A of title XXIX of Public

14 Law 101–510; 10 U.S.C. 2687 note).

15 ‘‘(iii) Title II of the Defense Authorization

16 Amendments and Base Closure and Realignment

17 Act (Public Law 100–526; 10 U.S.C. 2687 note).’’.

18 (2) Section 2906 of the Defense Base Closure and

19 Realignment Act of 1990 (part A of title XXIX of Public

20 Law 101–510; 10 U.S.C. 2687 note) is amended by strik21 ing subsection (e).

22 (d) TRANSFER OF BRAC ENVIRONMENTAL RES23 TORATION FUNDS.—The Secretary of Defense shall trans24 fer from the Department of Defense Base Closure Account

25 1990 established by section 2906(a) of the Defense Base
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1 Closure and Realignment Act of 1990 (part A of title

2 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) to

3 the Environmental Restoration Account, Defense Base

4 Closure and Realignment established by section

5 2703(a)(6) of title 10, United States Code (as amended

6 by subsection (b)), such portion of the unobligated balance

7 in the Department of Defense Base Closure Account 1990

8 as of October 1, 2000, as the Secretary determines nec9 essary to carry out environmental restoration in accord10 ance with section 2703(b)(2) of title 10, United States

11 Code (as amended by subsection (c)(1)).

12 (e) FUNDING OF ADMINISTRATIVE EXPENSES AND

13 TECHNICAL ASSISTANCE.—Section 2705(g) of title 10,

14 United States Code, is amended to read as follows:

15 ‘‘(g) FUNDING.—(1) Except as provided in para16 graph (2), funds in the accounts established by section

17 2703(a) of this title shall be available for administrative

18 expenses and technical assistance under this section.

19 ‘‘(2) Funds in the account established by section

20 2703(a)(6) of this title shall be available for administra21 tive expenses and technical assistance under this section

22 with respect to an installation approved for closure or re23 alignment under a base closure law only to the extent that

24 the base closure law under which the installation is being

25 closed or realigned provides for the funding of environ-
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1 mental restoration at the installation from an account es2 tablished for purposes of carrying out the closure or re3 alignment of installations.’’.

4 (f) EFFECTIVE DATE.—(1) Except as provided in

5 paragraph (2), this section and the amendments made by

6 this section shall take effect on the date of the enactment

7 of this Act.

8 (2) The amendments made by subsections (b) and (c)

9 shall take effect on October 1, 2000.

10 SEC. 323. EXTENSION OF LIMITATION ON PAYMENT OF

11 FINES AND PENALTIES USING FUNDS IN EN12 VIRONMENTAL RESTORATION ACCOUNTS.

13 Section 2703(e) of title 10, United States Code, is

14 amended by striking ‘‘through 1999,’’ both places it ap15 pears and inserting ‘‘through 2010,’’.

16 SEC. 324. MODIFICATION OF REQUIREMENTS FOR ANNUAL

17 REPORTS ON ENVIRONMENTAL COMPLIANCE

18 ACTIVITIES.

19 (a) MODIFICATION OF REQUIREMENTS.—Subsection

20 (b) of section 2706 of title 10, United States Code, is

21 amended to read as follows:

22 ‘‘(b) REPORT ON ENVIRONMENTAL QUALITY PRO23 GRAMS AND OTHER ENVIRONMENTAL ACTIVITIES.—(1)

24 The Secretary of Defense shall submit to Congress each

25 year, not later than 45 days after the date on which the
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1 President submits to Congress the budget for a fiscal year,

2 a report on the progress made in carrying out activities

3 under the environmental quality programs of the Depart4 ment of Defense and the military departments.

5 ‘‘(2) Each report shall include the following:

6 ‘‘(A) A description of the environmental quality

7 program of the Department of Defense, and of each

8 of the military departments, during the period con9 sisting of the four fiscal years preceding the fiscal

10 year in which the report is submitted, the fiscal year

11 in which the report is submitted, and the fiscal year

12 following the fiscal year in which the report is sub13 mitted, including—

14 ‘‘(i) for each of the major activities under

15 the program—

16 ‘‘(I) the amount expended, or pro17 posed to be expended, in each fiscal year of

18 the period;

19 ‘‘(II) an explanation for any signifi20 cant change in the aggregate amount to be

21 expended in the fiscal year in which the re22 port is submitted, and in the following fis23 cal year, when compared with the fiscal

24 year preceding each such fiscal year; and
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1 ‘‘(III) an assessment of the manner in

2 which the scope of the activities have

3 changed over the course of the period; and

4 ‘‘(ii) a summary of the major achievements

5 of the program and of any major problems with

6 the program.

7 ‘‘(B) A list of the planned or ongoing projects

8 necessary to support the environmental quality pro9 gram of the Department of Defense, and of each of

10 the military departments, during the period de11 scribed in subparagraph (A) the cost of which has

12 exceeded or is anticipated to exceed $1,500,000,

13 including—

14 ‘‘(i) a separate list of the projects inside

15 the United States and of the projects outside

16 the United States;

17 ‘‘(ii) for each project commenced during

18 the first four fiscal years of the period—

19 ‘‘(I) the amount specified in the initial

20 budget request for the project;

21 ‘‘(II) the aggregate amount allocated

22 to the project through the fiscal year pre23 ceding the fiscal year in which the report

24 is submitted; and
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1 ‘‘(III) the aggregate amount obligated

2 for the project through that fiscal year;

3 ‘‘(iii) for each project commenced or to be

4 commenced in the fiscal year in which the re5 port is submitted—

6 ‘‘(I) the amount specified for the

7 project in the budget for the fiscal year;

8 and

9 ‘‘(II) the amount allocated to the

10 project in the fiscal year;

11 ‘‘(iv) for each project to be commenced in

12 the last fiscal year of the period, the amount,

13 if any, specified for the project in the budget

14 for the fiscal year; and

15 ‘‘(v) if the anticipated aggregate cost of

16 any project covered by the report will exceed by

17 more than 25 percent the amount specified in

18 the initial budget request for such project, a

19 justification for that variance.

20 ‘‘(C) A statement of the fines and penalties im21 posed or assessed against the Department of De22 fense and the military departments under Federal,

23 State, or local environmental laws during the fiscal

24 year in which the report is submitted and the four

25 preceding fiscal years, setting forth—
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1 ‘‘(i) each Federal environmental statute

2 under which a fine or penalty was imposed or

3 assessed during each such fiscal year;

4 ‘‘(ii) with respect to each such Federal

5 statute—

6 ‘‘(I) the aggregate amount of fines

7 and penalties imposed under the statute

8 during each such fiscal year;

9 ‘‘(II) the aggregate amount of fines

10 and penalties paid under the statute dur11 ing each such fiscal year; and

12 ‘‘(III) the total amount required dur13 ing such fiscal years for supplemental envi14 ronmental projects in lieu of the payment

15 of a fine or penalty under the statute and

16 the extent to which the cost of such

17 projects during such fiscal years has ex18 ceeded the original amount of the fine or

19 penalty; and

20 ‘‘(iii) the amount of fines and penalties im21 posed or assessed during each such fiscal year

22 with respect to each military installation inside

23 and outside the United States.

24 ‘‘(D) A statement of the amounts expended,

25 and anticipated to be expended, during the period
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1 described in subparagraph (A) for any activities

2 overseas relating to the environment, including

3 amounts for activities relating to environmental re4 mediation, compliance, conservation, pollution pre5 vention, and environmental technology and amounts

6 for conferences, meetings, and studies for pilot pro7 grams, and for travel related to such activities.’’.

8 (b) CONFORMING REPEAL.—That section is further

9 amended—

10 (1) by striking subsection (d); and

11 (2) by redesignating subsection (e) as sub12 section (d).

13 (c) DEFINITIONS.—Subsection (d) of that section, as

14 redesignated by subsection (b)(2) of this section, is

15 amended by adding at the end the following:

16 ‘‘(4) The term ‘environmental quality program’

17 means a program of activities relating to environ18 mental compliance, conservation, pollution preven19 tion, environmental technology, and such other ac20 tivities relating to environmental quality as the Sec21 retary concerned may designate for purposes of the

22 program.

23 ‘‘(5) The term ‘major activities’, with respect to

24 an environmental quality program, means the fol25 lowing activities under the program:
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1 ‘‘(A) Environmental compliance activities.

2 ‘‘(B) Conservation activities.

3 ‘‘(C) Pollution prevention activities.

4 ‘‘(D) Activities relating to environmental

5 technology.’’.

6 SEC. 325. MODIFICATION OF MEMBERSHIP OF STRATEGIC

7 ENVIRONMENTAL RESEARCH AND DEVELOP8 MENT PROGRAM COUNCIL.

9 Section 2902(b)(1) of title 10, United States Code,

10 is amended by striking ‘‘Director of Defense Research and

11 Engineering’’ and inserting ‘‘Deputy Under Secretary of

12 Defense for Science and Technology’’.

13 SEC. 326. EXTENSION OF PILOT PROGRAM FOR SALE OF

14 AIR POLLUTION EMISSION REDUCTION IN15 CENTIVES.

16 Section 351(a)(2) of the National Defense Authoriza17 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

18 Stat. 1692; 10 U.S.C. 2701 note) is amended by striking

19 ‘‘beginning on the date of the enactment of this Act and

20 ending two years after such date’’ and inserting ‘‘begin21 ning on November 18, 1997, and ending on September

22 30, 2001’’.
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1 SEC. 327. REIMBURSEMENT OF ENVIRONMENTAL PROTEC2 TION AGENCY FOR CERTAIN COSTS IN CON3 NECTION WITH FRESNO DRUM SUPERFUND

4 SITE, FRESNO, CALIFORNIA.

5 (a) AUTHORITY.—The Secretary of Defense may pay,

6 using funds described in subsection (b), to the Fresno

7 Drum Special Account within the Hazardous Substance

8 Superfund established by section 9507 of the Internal

9 Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the

10 Environmental Protection Agency for costs incurred by

11 the Agency for actions taken under CERCLA at the Fres12 no Industrial Supply, Inc., site in Fresno, California, the

13 following amounts:

14 (1) Not more than $778,425 for past response

15 costs incurred by the Agency.

16 (2) The amount of the costs identified as ‘‘in17 terest’’ costs pursuant to the agreement known as

18 the ‘‘CERCLA Section 122(h)(1) Agreement for

19 Payment of Future Response Costs and Recovery of

20 Past Response Costs In the Matter of: Fresno In21 dustrial Supply Inc. Site, Fresno, California’’ that

22 was entered into by the Department of Defense and

23 the Environmental Protection Agency on May 22,

24 1998.
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1 (b) SOURCE OF FUNDS FOR PAYMENT.—(1) Subject

2 to paragraph (2), any payment under subsection (a) shall

3 be made using the following amounts:

4 (A) Amounts authorized to be appropriated by

5 section 301 to the Environmental Restoration Ac6 count, Defense, established by section 2703(a)(1) of

7 title 10, United States Code.

8 (B) Amounts authorized to be appropriated by

9 section 301 to the Environmental Restoration Ac10 count, Army, established by section 2703(a)(2) of

11 that title.

12 (C) Amounts authorized to be appropriated by

13 section 301 to the Environmental Restoration Ac14 count, Navy, established by section 2703(a)(3) of

15 that title.

16 (D) Amounts authorized to be appropriated by

17 section 301 to the Environmental Restoration Ac18 count, Air Force, established by section 2703(a)(4)

19 of that title.

20 (2) The portion of a payment under paragraph (1)

21 that is derived from any account referred to in that para22 graph shall bear the same ratio to the total amount of

23 such payment as the amount of the hazardous substances

24 at the Fresno Industrial Supply, Inc., site that are attrib-
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1 utable to the department concerned bears to the total

2 amount of the hazardous substances at that site.

3 (c) CERCLA DEFINED.—In this section, the term

4 ‘‘CERCLA’’ means the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

6 U.S.C. 9601 et seq.).

7 SEC. 328. PAYMENT OF STIPULATED PENALTIES ASSESSED

8 UNDER CERCLA IN CONNECTION WITH F.E.

9 WARREN AIR FORCE BASE, WYOMING.

10 (a) AUTHORITY.—The Secretary of the Air Force

11 may pay, using funds described in subsection (b), not

12 more than $20,000 as payment of stipulated civil penalties

13 assessed on January 13, 1998, against F.E. Warren Air

14 Force Base, Wyoming, under the Comprehensive Environ15 mental Response, Compensation, and Liability Act of

16 1980 (42 U.S.C. 9601 et seq.).

17 (b) SOURCE OF FUNDS FOR PAYMENT.—Any pay18 ment under subsection (a) shall be made using amounts

19 authorized to be appropriated by section 301 to the Envi20 ronmental Restoration Account, Air Force, established by

21 section 2703(a)(4) of title 10, United States Code.
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1 SEC. 329. PROVISION OF INFORMATION AND GUIDANCE TO

2 THE PUBLIC REGARDING ENVIRONMENTAL

3 CONTAMINATION AT UNITED STATES MILI4 TARY INSTALLATIONS FORMERLY OPERATED

5 BY THE UNITED STATES THAT HAVE BEEN

6 CLOSED.

7 (a) DISCLOSURE.—

8 (1) REQUIREMENT TO PROVIDE INFORMATION

9 AND GUIDANCE.—The Secretary of Defense shall

10 publicly disclose existing, available information rel11 evant to a foreign nation’s determination of the na12 ture and extent of environmental contamination, if

13 any, at a site in that foreign nation where the

14 United States operated a military base, installation,

15 and facility that has been closed as of the date of

16 enactment of this Act.

17 (2) CONGRESSIONAL LIST.—Not later than Sep18 tember 30, 2000, the Secretary of Defense shall pro19 vide Congress a list of information made public pur20 suant to paragraph (1).

21 (b) LIMITATION.—The requirement to provide infor22 mation and guidance under subsection (a) may not be con23 strued to establish on the part of the United States any

24 liability or obligation for the costs of environmental res25 toration or remediation at any site referred to in sub26 section (a).
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1 (c) NATIONAL SECURITY.—Information the Sec2 retary of Defense believes could adversely affect United

3 States National Security shall not be released pursuant

4 to this provision.

5 SEC. 330. ORDNANCE MITIGATION STUDY.

6 (a) The Secretary of Defense is directed to undertake

7 a study and is authorized to remove ordnance infiltrating

8 the Federal navigation channel and adjacent shorelines of

9 the Toussaint River.

10 (b) The Secretary shall report to the congressional

11 defense committees and the Senate Committee on Envi12 ronment and Public Works on long-term solutions and

13 costs related to the removal of ordnance in the Toussaint

14 River, Ohio. The Secretary shall also evaluate any ongoing

15 use of Lake Erie as an ordnance firing range and justify

16 the need to continue such activities by the Department

17 of Defense or its contractors. The Secretary shall report

18 not later than April 1, 2000.

19 (c) This provision shall not modify any responsibil20 ities and authorities provided in the Water Resources De21 velopment Act of 1986, as amended (Public Law 99–662).

22 (d) The Secretary is authorized to use any funds

23 available to the Secretary to carry out the authority pro24 vided in subsection (a).
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1 Subtitle D—Other Matters

2 SEC. 341. EXTENSION OF WARRANTY CLAIMS RECOVERY

3 PILOT PROGRAM.

4 Section 391(f) of the National Defense Authorization

5 Act for Fiscal Year 1998 (Public Law 104–85; 111 Stat.

6 1716; 10 U.S.C. 2304 note) is amended by striking ‘‘Sep7 tember 30, 1999’’ and inserting ‘‘September 30, 2000’’.

8 SEC. 342. ADDITIONAL MATTERS TO BE REPORTED BE9 FORE PRIME VENDOR CONTRACT FOR

10 DEPOT-LEVEL MAINTENANCE AND REPAIR IS

11 ENTERED INTO.

12 Section 346(a) of the Strom Thurmond National De13 fense Authorization Act for Fiscal Year 1999 (Public Law

14 105–261; 112 Stat. 1979; 10 U.S.C. 2464 note) is

15 amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (1);

18 (2) by striking the period at the end of para19 graph (2) and inserting a semicolon; and

20 (3) by adding at the end the following:

21 ‘‘(3) contains an analysis of the extent to which

22 the contract conforms to the requirements of section

23 2466 of title 10, United States Code; and

24 ‘‘(4) describes the measures taken to ensure

25 that the contract does not violate the core logistics
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1 policies, requirements, and restrictions set forth in

2 section 2464 of that title.’’.

3 SEC. 343. IMPLEMENTATION OF JOINTLY APPROVED

4 CHANGES IN DEFENSE RETAIL SYSTEMS.

5 (a) RECOMMENDATIONS OF JOINT EXCHANGE DUE

6 DILIGENCE STUDY.—Subsection (c) of section 367 of the

7 Strom Thurmond National Defense Authorization Act for

8 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 1987;

9 10 U.S.C. 2482 note) is amended by striking ‘‘may not

10 be implemented unless implementation of the rec11 ommendation’’ and inserting ‘‘may be implemented only

12 if implementation of the recommendation is approved by

13 all of the Secretaries of the military departments or’’.

14 (b) CONFORMING AMENDMENT.—Subsection (b) of

15 such section is amended by striking ‘‘The operation’’ and

16 inserting ‘‘Except as provided in subsection (c), the oper17 ation’’.

18 SEC. 344. WAIVER OF REQUIRED CONDITION FOR SALES

19 OF ARTICLES AND SERVICES OF INDUSTRIAL

20 FACILITIES TO PURCHASERS OUTSIDE THE

21 DEPARTMENT OF DEFENSE

22 (a) SALES TO DEFENSE CONTRACTORS.—Section

23 2208(j) of title 10, United States Code, is amended—

24 (1) by redesignating paragraphs (1) and (2) as

25 subparagraphs (A) and (B), respectively;
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1 (2) by inserting ‘‘(1)’’ after ‘‘(j)’’; and

2 (3) by adding at the end the following:

3 ‘‘(2) WAIVER AUTHORITY.—The Secretary of De4 fense may waive the requirement for the conditions in

5 paragraph (1) in the case of a particular sale if the Sec6 retary determines that the waiver is necessary for reasons

7 of national security and notifies Congress regarding the

8 reasons for the waiver.’’.

9 (b) SALES TO PURCHASERS GENERALLY.—Section

10 2553 of title 10, United States Code, is amended—

11 (1) by redesignating subsections (d), (e), (f),

12 and (g) as subsections (e), (f), (g), and (h), respec13 tively; and

14 (2) by inserting after subsection (c) the fol15 lowing new subsection (d):

16 ‘‘(d) WAIVER AUTHORITY.—The Secretary of De17 fense may waive the requirement for the condition in sub18 sections (a)(1) and (c)(1) in the case of a particular sale

19 if the Secretary determines that the waiver is necessary

20 for reasons of national security and notifies Congress re21 garding the reasons for the waiver.’’.
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1 SEC. 345. ELIGIBILITY TO RECEIVE FINANCIAL ASSIST2 ANCE AVAILABLE FOR LOCAL EDUCATIONAL

3 AGENCIES THAT BENEFIT DEPENDENTS OF

4 DEPARTMENT OF DEFENSE PERSONNEL.

5 Section 386(c)(1) of the National Defense Authoriza6 tion Act for Fiscal Year 1993 (Public Law 102–484; 20

7 U.S.C. 7703 note) is amended by striking ‘‘in that fiscal

8 year are’’ and inserting ‘‘during the preceding school year

9 were’’.

10 SEC. 346. USE OF SMART CARD TECHNOLOGY IN THE DE11 PARTMENT OF DEFENSE.

12 (a) LEADERSHIP, PLANNING, AND EXECUTION OF

13 SMART CARD PROGRAM.—(1) Not later than October 1,

14 1999, the Secretary of Defense shall designate the Depart15 ment of the Navy to be the lead agency for the develop16 ment and implementation of a Smart Card program for

17 the Department of Defense effective as of the date of the

18 designation.

19 (2) The Secretary of Defense shall direct the Sec20 retary of the Army and the Secretary of the Air Force

21 to establish Smart Card project offices for the Department

22 of the Army and the Department of the Air Force, respec23 tively, not later than November 30, 1999. The designated

24 offices shall coordinate closely with the lead agency to de25 velop implementation plans for exploiting the capability of

26 Smart Card technology as a means for enhancing readi-
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1 ness and improving business processes throughout the

2 military departments.

3 (3) Not later than November 30, 1999, the Secretary

4 of Defense shall establish a senior coordinating group

5 chaired by a representative of the Secretary of the Navy.

6 The group shall include senior representatives from each

7 of the Armed Forces. The senior coordinating group shall

8 develop and implement Department-wide interoperability

9 standards for use of Smart Card technology and a plan

10 to exploit Smart Card technology as a means for enhanc11 ing readiness and improving business processes.

12 (4) The Secretary of the Army and the Secretary of

13 the Air Force, in coordination with the Secretary of the

14 Navy, shall each develop and implement a program to

15 demonstrate the benefits of Smart Card technology in the

16 Army and the Air Force, respectively.

17 (b) INCREASED USE TARGETED TO CERTAIN NAVAL

18 REGIONS.—Not later than November 30, 1999, the Sec19 retary of the Navy shall establish a business plan to imple20 ment the use of Smart Cards in one major Naval region

21 of the continental United States that is in the area of op22 erations of the United States Atlantic Command and one

23 major Naval region of the continental United States that

24 is in the area of operations of the United States Pacific

25 Command. The regions selected shall include a major fleet
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1 concentration area. The implementation of the use of

2 Smart Cards in each region shall cover the Navy and Ma3 rine Corps bases and all non-deployed units in the region.

4 The Secretary of the Navy shall submit the business plan

5 to the congressional defense committees.

6 (c) FUNDING FOR INCREASED USE OF SMART

7 CARDS.—(1) Of the funds authorized to be appropriated

8 for the Navy for fiscal year 2000 under section 102(a)(4)

9 or 301(a)(2), the Secretary of the Navy—

10 (A) shall allocate sufficient amounts, up to

11 $30,000,000, for ensuring that significant progress

12 is made toward complete implementation of the use

13 of Smart Card technology in the Department of the

14 Navy; and

15 (B) may allocate additional amounts for the

16 conversion of paper-based records to electronic

17 media for records systems that have been modified

18 to use Smart Card technology.

19 (2) Of the funds authorized to be appropriated under

20 section 301(a)(1), up to $5,000,000 shall be available for

21 Army demonstration programs under subsection (a)(4). Of

22 the funds authorized to be appropriated under section

23 301(a)(4), up to $5,000,000 shall be available for Air

24 Force demonstration programs under subsection (a)(4).
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1 (d) REPORT.—Not later than March 31, 2000, the

2 Secretary of Defense shall submit to the Committees on

3 Armed Services of the Senate and the House of Represent4 atives a report containing a detailed discussion of the

5 progress made by the senior coordinating group in car6 rying out its duties under subsection (a)(3).

7 (e) DEFINITIONS.—In this section:

8 (1) The term ‘‘Smart Card’’ means a credit

9 card-size device, normally for carrying and use by

10 personnel, that contains one or more integrated cir11 cuits and may also employ one or more of the fol12 lowing technologies:

13 (A) Magnetic stripe.

14 (B) Bar codes, linear or two-dimensional.

15 (C) Non-contact and radio frequency

16 transmitters.

17 (D) Biometric information.

18 (E) Encryption and authentication.

19 (F) Photo identification.

20 (2) The term ‘‘Smart Card technology’’ means

21 a Smart Card together with all of the associated in22 formation technology hardware and software that

23 comprise the system for support and operation.

24 (f) REPEAL OF REQUIREMENT FOR AUTOMATED

25 IDENTIFICATION TECHNOLOGY OFFICE.—Section 344(b)
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1 of the Strom Thurmond National Defense Authorization

2 Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

3 1977; 10 U.S.C. 113 note) is repealed.

4 SEC. 347. STUDY ON USE OF SMART CARD AS PKI AUTHEN5 TICATION DEVICE CARRIER FOR THE DE6 PARTMENT OF DEFENSE.

7 (a) STUDY REQUIRED.—The Secretary of Defense

8 shall conduct a study to determine the potential benefits

9 of Department of Defense use of the Smart Card for ad10 dressing the need of the Department of Defense for a Pub11 lic-Private Key Infrastructure (PKI) authentication device

12 carrier.

13 (b) REPORT.—Not later than January 31, 2000, the

14 Secretary shall submit to the Committees on Armed Serv15 ices of the Senate and the House of Representatives a re16 port on the results of the study. The report shall include

17 the Secretary’s findings and any recommendations that

18 the Secretary considers appropriate regarding Department

19 of Defense use of the Smart Card for addressing the need

20 identified in subsection (a).

21 (c) DEFINITIONS.—In this section:

22 (1) The term ‘‘Smart Card’’ means a credit

23 card-size device, normally for carrying and use by

24 personnel, that contains one or more integrated cir-
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1 cuits and may also employ one or more of the fol2 lowing technologies:

3 (A) Magnetic stripe.

4 (B) Bar codes, linear or two-dimensional.

5 (C) Non-contact and radio frequency

6 transmitters.

7 (D) Biometric information.

8 (E) Encryption and authentication.

9 (F) Photo identification.

10 (2) The term ‘‘Public-Private Key Infrastruc11 ture (PKI) authentication device carrier’’ means a

12 device that physically stores, carries, and employs

13 electronic authentication or encryption keys nec14 essary to create a unique digital signature, digital

15 certificate, or other mark on an electronic document

16 or file.

17 SEC. 348. REVISION OF AUTHORITY TO DONATE CERTAIN

18 ARMY MATERIEL FOR FUNERAL CERE19 MONIES.

20 (a) AUTHORITY.—Section 4683 of title 10, United

21 States Code, is amended—

22 (1) in subsection (a)(1)—

23 (A) by striking ‘‘lend obsolete or con24 demned rifles (not more than 10)’’ and insert-
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1 ing ‘‘conditionally lend or donate excess M1 ri2 fles (not more than 15)’’; and

3 (B) by striking ‘‘any local unit of any na4 tional veterans’ organization recognized by the

5 Department of Veterans Affairs, for use by that

6 unit’’ and inserting ‘‘a unit or other organiza7 tion of honor guards recognized by the Sec8 retary of the Army as honor guards for a na9 tional cemetery, a law enforcement agency, or a

10 local unit of any organization that, as deter11 mined by the Secretary of the Army, is a na12 tionally recognized veterans’ organization, for

13 use by that unit, organization, or agency’’; and

14 (2) by adding at the end the following:

15 ‘‘(c) CONDITIONS ON DONATIONS.—In lending or do16 nating rifles under subsection (a), the Secretary of the

17 Army may impose any condition on the use of the rifles

18 that the Secretary considers appropriate.’’.

19 (b) TECHNICAL AMENDMENTS.—Such section is fur20 ther amended—

21 (1) in subsection (a), by inserting ‘‘AUTHOR22 ITY.—’’ after ‘‘(a)’’; and

23 (2) in subsection (b), by inserting ‘‘RELIEF

24 FROM LIABILITY.—’’ after ‘‘(b)’’.
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1 SEC. 349. MODIFICATION OF LIMITATION ON FUNDING AS2 SISTANCE FOR PROCUREMENT OF EQUIP3 MENT FOR THE NATIONAL GUARD FOR DRUG

4 INTERDICTION AND COUNTER-DRUG ACTIVI5 TIES.

6 Section 112(a)(3) of title 32, United States Code, is

7 amended by striking ‘‘per purchase order’’ in the second

8 sentence and inserting ‘‘per item’’.

9 SEC. 350. AUTHORITY FOR PAYMENT OF SETTLEMENT

10 CLAIMS.

11 (a) AUTHORITY TO MAKE PAYMENTS.—Subject to

12 the provisions of this section, the Secretary of Defense is

13 authorized to make payments for the settlement of the

14 claims arising from the deaths caused by the accident in15 volving a United States Marine Corps EA–6B aircraft on

16 February 3, 1998, near Cavalese, Italy and the subsequent

17 determination that parties involved in the accident ob18 structed the investigation by disposing of evidence.

19 (b) DEADLINE FOR EXERCISE OF AUTHORITY.—The

20 Secretary shall make the decision to exercise the authority

21 in subsection (a) not later than 90 days after the date

22 of enactment of this Act.

23 (c) SOURCE OF PAYMENTS.—Notwithstanding any

24 other provision of law, of the amounts appropriated or oth25 erwise made available for the Department of Navy for op26 eration and maintenance for fiscal year 2000 or other un-
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1 expended balances from prior years, the Secretary shall

2 make available $40,000,000 only for emergency and ex3 traordinary expenses associated with the settlement of the

4 claims arising from the accident and the subsequent deter5 mination that parties involved in the accident obstructed

6 the investigation by disposing of evidence described in sub7 section (a).

8 (d) AMOUNT OF PAYMENT.—The amount of the pay9 ment under this section in settlement of the claims arising

10 from the death of any person associated with the accident

11 described in subsection (a) may not exceed $2,000,000.

12 (e) TREATMENT OF PAYMENTS.—Any amount paid

13 to a person under this section is intended to supplement

14 any amount subsequently determined to be payable to the

15 person under section 127 or chapter 163 of title 10,

16 United States Code, or any other provision of law for ad17 ministrative settlement of claims against the United

18 States with respect to damages arising from the accident

19 described in subsection (a).

20 (f) CONSTRUCTION.—The payment of an amount

21 under this section may not be considered to constitute a

22 statement of legal liability on the part of the United States

23 or otherwise as evidence of any material fact in any judi24 cial proceeding or investigation arising from the accident

25 described in subsection (a).
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1 (g) RESOLUTION OF OTHER CLAIMS.—No payments

2 under this section or any other provision of law for the

3 settlement of claims arising from the accident described

4 in subsection (a) shall be made to citizens of Germany

5 until the Government of Germany provides a comparable

6 settlement of the claims arising from the deaths of the

7 United States servicemen caused by the collision between

8 a United States Air Force C–141 Starlifter aircraft and

9 a German Luftwaffe Tupelov TU–154M aircraft off the

10 coast of Namibia, on September 13, 1997.

11 SEC. 351. SENSE OF SENATE REGARDING SETTLEMENT OF

12 CLAIMS OF AMERICAN SERVICEMEN’S FAMI13 LIES REGARDING DEATHS RESULTING FROM

14 THE ACCIDENT OFF THE COAST OF NAMIBIA

15 ON SEPTEMBER 13, 1997.

16 (a) FINDINGS.—The Senate makes the following

17 findings:

18 (1) On September 13, 1997, a German

19 Luftwaffe Tupelov TU–154M aircraft collided with a

20 United States Air Force C–141 Starlifter aircraft

21 off the coast of Namibia.

22 (2) As a result of that collision nine members

23 of the United States Air Force were killed, namely

24 Staff Sergeant Stacey D. Bryant, 32, loadmaster,

25 Providence, Rhode Island; Staff Sergeant Gary A.
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1 Bucknam, 25, flight engineer, Oakland, Maine; Cap2 tain Gregory M. Cindrich, 28, pilot, Byrans Road,

3 Maryland; Airman 1st Class Justin R. Drager, 19,

4 loadmaster, Colorado Springs, Colorado; Staff Ser5 geant Robert K. Evans, 31, flight engineer, Garri6 son, Kentucky; Captain Jason S. Ramsey, 27, pilot,

7 South Boston, Virginia; Staff Sergeant Scott N.

8 Roberts, 27, flight engineer, Library, Pennsylvania;

9 Captain Peter C. Vallejo, 34, aircraft commander,

10 Crestwood, New York; and Senior Airman Frankie

11 L. Walker, 23, crew chief, Windber, Pennsylvania.

12 (3) The Final Report of the Ministry of De13 fense of the Defense Committee of the German Bun14 destag states unequivocally that, following an inves15 tigation, the Directorate of Flight Safety of the Ger16 man Federal Armed Forces assigned responsibility

17 for the collision to the Aircraft Commander/Com18 mandant of the Luftwaffe Tupelov TU–154M air19 craft for flying at a flight level that did not conform

20 to international flight rules.

21 (4) The United States Air Force accident inves22 tigation report concluded that the primary cause of

23 the collision was the Luftwaffe Tupelov TU–154M

24 aircraft flying at an incorrect cruise altitude.
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1 (5) Procedures for filing claims under the Sta2 tus of Forces Agreement are unavailable to the fami3 lies of the members of the United States Air Force

4 killed in the collision.

5 (6) The families of the members of the United

6 States Air Force killed in the collision have filed

7 claims against the Government of Germany.

8 (7) The Senate has adopted an amendment au9 thorizing the payment to citizens of Germany of a

10 supplemental settlement of claims arising from the

11 deaths caused by the accident involving a United

12 States Marine Corps EA–6B aircraft on February 3,

13 1998, near Cavalese, Italy.

14 (b) SENSE OF SENATE.—It is the sense of the Senate

15 that—

16 (1) the Government of Germany should prompt17 ly settle with the families of the members of the

18 United States Air Force killed in a collision between

19 a United States Air Force C–141 Starlifter aircraft

20 and a German Luftwaffe Tupelov TU–154M aircraft

21 off the coast of Namibia on September 13, 1997;

22 and

23 (2) the United States should not make any pay24 ment to citizens of Germany as settlement of such

25 citizens’ claims for deaths arising from the accident
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1 involving a United States Marine Corps EA–6B air2 craft on February 3, 1998, near Cavalese, Italy,

3 until a comparable settlement is reached between the

4 Government of Germany and the families described

5 in paragraph (1) with respect to the collision de6 scribed in that paragraph.

7 TITLE IV—MILITARY

8 PERSONNEL AUTHORIZATIONS

9 Subtitle A—Active Forces

10 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

11 The Armed Forces are authorized strengths for active

12 duty personnel as of September 30, 2000, as follows:

13 (1) The Army, 480,000.

14 (2) The Navy, 371,781.

15 (3) The Marine Corps, 172,240.

16 (4) The Air Force, 360,877.

17 SEC. 402. REVISION IN PERMANENT END STRENGTH LEV18 ELS.

19 (a) REVISED END STRENGTH FLOORS.—Subsection

20 (b) of section 691 of title 10, United States Code, is

21 amended—

22 (1) in paragraph (2), by striking out ‘‘372,696’’

23 and inserting in lieu thereof ‘‘371,781’’;

24 (2) in paragraph (3), by striking out ‘‘172,200’’

25 and inserting in lieu thereof ‘‘172,148’’; and
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1 (3) in paragraph (4), by striking out ‘‘370,802’’

2 and inserting in lieu thereof ‘‘360,877’’.

3 (b) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect on October 1, 1999.

5 SEC. 403. REDUCTION OF END STRENGTHS BELOW LEVELS

6 FOR TWO MAJOR REGIONAL CONTIN7 GENCIES.

8 Section 691(d) of title 10, United States Code, is

9 amended by striking ‘‘unless’’ and all that follows and in10 serting ‘‘unless the Secretary of Defense first submits to

11 Congress a written notification of the proposed lower end

12 strength together with the justification for the lower end

13 strength. The Secretary may submit the notification and

14 justification with the budget for the department for the

15 fiscal year.’’.

16 Subtitle B—Reserve Forces

17 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

18 (a) IN GENERAL.—The Armed Forces are authorized

19 strengths for Selected Reserve personnel of the reserve

20 components as of September 30, 2000, as follows:

21 (1) The Army National Guard of the United

22 States, 350,623.

23 (2) The Army Reserve, 205,000.

24 (3) The Naval Reserve, 90,288.

25 (4) The Marine Corps Reserve, 39,624.
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1 (5) The Air National Guard of the United

2 States, 106,744.

3 (6) The Air Force Reserve, 73,764.

4 (7) The Coast Guard Reserve, 8,000.

5 (b) ADJUSTMENTS.—The end strengths prescribed by

6 subsection (a) for the Selected Reserve of any reserve com7 ponent shall be proportionately reduced by—

8 (1) the total authorized strength of units orga9 nized to serve as units of the Selected Reserve of

10 such component which are on active duty (other

11 than for training) at the end of the fiscal year; and

12 (2) the total number of individual members not

13 in units organized to serve as units of the Selected

14 Reserve of such component who are on active duty

15 (other than for training or for unsatisfactory partici16 pation in training) without their consent at the end

17 of the fiscal year.

18 Whenever such units or such individual members are re19 leased from active duty during any fiscal year, the end

20 strength prescribed for such fiscal year for the Selected

21 Reserve of such reserve component shall be proportion22 ately increased by the total authorized strengths of such

23 units and by the total number of such individual members.

24 (c) PERMANENT WAIVER AUTHORITY.—Section

25 115(c) of title 10, United States Code, is amended—
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1 (1) by striking the ‘‘and’’ at the end of para2 graph (1);

3 (2) by striking the period at the end of the

4 paragraph (2) and inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(3) increase the end strength authorized pur7 suant to subsection (a)(2) for a fiscal year for the

8 Selected Reserve of a reserve component of any of

9 the armed forces by a number equal to not more

10 than 2 percent of that end strength.’’.

11 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

12 DUTY IN SUPPORT OF THE RESERVES.

13 Within the end strengths prescribed in section

14 411(a), the reserve components of the Armed Forces are

15 authorized, as of September 30, 2000, the following num16 ber of Reserves to be serving on full-time active duty or

17 full-time duty, in the case of members of the National

18 Guard, for the purpose of organizing, administering, re19 cruiting, instructing, or training the reserve components:

20 (1) The Army National Guard of the United

21 States, 22,430.

22 (2) The Army Reserve, 12,804.

23 (3) The Naval Reserve, 15,010.

24 (4) The Marine Corps Reserve, 2,272.
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1 (5) The Air National Guard of the United

2 States, 11,157.

3 (6) The Air Force Reserve, 1,134.

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.

5 (a) DUAL STATUS TECHNICIANS.—The minimum

6 number of military technicians (dual status) as of Sep7 tember 30, 2000, for the reserve components of the Army

8 and the Air Force (notwithstanding section 129 of title

9 10, United States Code) shall be the following:

10 (1) For the Army Reserve, 5,179.

11 (2) For the Army National Guard of the United

12 States, 22,396.

13 (3) For the Air Force Reserve, 9,785.

14 (4) For the Air National Guard of the United

15 States, 22,247.

16 (b) NON-DUAL STATUS TECHNICIANS.—The reserve

17 components of the Army and Air Force are (notwith18 standing section 129 of title 10, United States Code) au19 thorized strengths for military technicians (non-dual sta20 tus) as of September 30, 2000, as follows:

21 (1) For the Army Reserve, 1,295.

22 (2) For the Army National Guard of the United

23 States, 1,800.

24 (3) For the Air Force Reserve, 342.
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1 (4) For the Air National Guard of the United

2 States, 342.

3 SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CER4 TAIN GRADES AUTHORIZED TO BE ON ACTIVE

5 DUTY IN SUPPORT OF THE RESERVES.

6 (a) OFFICERS.—The table in section 12011(a) of title

7 10, United States Code, is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

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’’.

8 (b) SENIOR ENLISTED MEMBERS.—The table in sec9 tion 12012(a) of title 10, United States Code, is amended

10 to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 ......................................................................................... 645 202 405 20

E–8 ......................................................................................... 2,593 429 1,041 94’’.

11 Subtitle C—Authorization of

12 Appropriations

13 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI14 TARY PERSONNEL.

15 There is hereby authorized to be appropriated to the

16 Department of Defense for military personnel for fiscal

17 year 2000 a total of $71,693,093,000, and in addition

18 funds in the total amount of $1,838,426,000 are author19 ized to be appropriated as emergency appropriations to the

20 Department of Defense for fiscal year 2000 for military
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1 personnel, as appropriated in section 2012 of the 1999

2 Emergency Supplemental Appropriations Act (Public Law

3 106–31). The authorization in the preceding sentence su4 persedes any other authorization of appropriations (defi5 nite or indefinite) for such purpose for fiscal year 2000.

6 TITLE V—MILITARY PERSONNEL

7 POLICY

8 Subtitle A—Officer Personnel

9 Policy

10 SEC. 501. EXTENSION OF REQUIREMENT FOR COMPETI11 TION FOR JOINT 4-STAR OFFICER POSITIONS.

12 (a) EXTENSION OF REQUIREMENT.—Section 604(c)

13 of title 10, United States Code, is amended by striking

14 ‘‘September 30, 2000’’ and inserting ‘‘September 30,

15 2003’’.

16 (b) GRADE RELIEF.—Section 525(b)(5)(C) of such

17 title is amended by striking ‘‘September 30, 2000’’ and

18 inserting ‘‘September 30, 2003’’.

19 SEC. 502. ADDITIONAL THREE-STAR OFFICER POSITIONS

20 FOR SUPERINTENDENTS OF SERVICE ACAD21 EMIES.

22 (a) EXCLUSION OF SUPERINTENDENTS FROM GRADE

23 LIMITATION.—Section 525(b) of title 10, United States

24 Code, is amended by adding at the end the following:
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1 ‘‘(7) An officer while serving in the position of Super2 intendent of the United States Military Academy, Super3 intendent of the United States Naval Academy, or Super4 intendent of the United States Air Force Academy, if serv5 ing in the grade of lieutenant general or vice admiral, is

6 in addition to the number that would otherwise be per7 mitted for that officer’s armed force for that grade under

8 subsection (a) or paragraph (1) or (2) of this subsection.’’.

9 (b) RETIREMENT OF SUPERINTENDENTS.—(1)(A)

10 Chapter 367 of title 10, United States Code, is amended

11 by inserting after section 3920 the following:

12 ‘‘§ 3921. Mandatory retirement: Superintendent of the

13 United States Military Academy

14 ‘‘Upon the termination of a detail of an officer to the

15 position of Superintendent of the United States Military

16 Academy, the Secretary of the Army shall retire the officer

17 under any provision of this chapter under which the officer

18 is eligible to retire.’’.

19 (B) Chapter 403 of such title is amended by inserting

20 after section 4333 the following:

21 ‘‘§ 4333a. Superintendent: condition for detail to posi22 tion

23 ‘‘To be eligible for detail to the position of Super24 intendent of the Academy, an officer shall enter into an
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1 agreement with the Secretary of the Army to accept retire2 ment upon termination of the detail.’’.

3 (2)(A) Chapter 573 of such title is amended by in4 serting after the table of sections at the beginning of the

5 chapter the following:

6 ‘‘§ 6371. Mandatory retirement: Superintendent of the

7 United States Naval Academy

8 ‘‘Upon the termination of a detail of an officer to the

9 position of Superintendent of the United States Naval

10 Academy, the Secretary of the Navy shall retire the officer

11 under any provision of chapter 571 of this title under

12 which the officer is eligible to retire.’’.

13 (B) Chapter 603 of such title is amended by inserting

14 after section 6951 the following:

15 ‘‘§ 6951a. Superintendent

16 ‘‘(a) There is a Superintendent of the United States

17 Naval Academy. The immediate governance of the Naval

18 Academy is under the Superintendent.

19 ‘‘(b) The Superintendent shall be detailed to the posi20 tion by the President. To be eligible for detail to the posi21 tion, an officer shall enter into an agreement with the Sec22 retary of the Navy to accept retirement upon termination

23 of the detail.’’.

24 (3)(A) Chapter 867 of such title is amended by in25 serting after section 8920 the following:
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1 ‘‘§ 8921. Mandatory retirement: Superintendent of the

2 United States Air Force Academy

3 ‘‘Upon the termination of a detail of an officer to the

4 position of Superintendent of the United States Air Force

5 Academy, the Secretary of the Air Force shall retire the

6 officer under any provision of this chapter under which

7 the officer is eligible to retire.’’.

8 (B) Chapter 903 of such title is amended by inserting

9 after section 9333 the following:

10 ‘‘§ 9333a. Superintendent: condition for detail to posi11 tion

12 ‘‘To be eligible for detail to the position of Super13 intendent of the Academy, an officer shall enter into an

14 agreement with the Secretary of the Air Force to accept

15 retirement upon termination of the detail.’’.

16 (c) CLERICAL AMENDMENTS.—(1)(A) The table of

17 sections at the beginning of chapter 367 of title 10, United

18 States Code, is amended by inserting after the item relat19 ing to section 3920 the following:

‘‘3921. Mandatory retirement: Superintendent of the United States Military

Academy.’’.

20 (B) The table of sections at the beginning of chapter

21 403 of such title is amended by inserting after the item

22 relating to section 4333 the following:

‘‘4333a. Superintendent: condition for detail to position.’’.
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1 (2)(A) The table of sections at the beginning of chap2 ter 573 of such title is amended by inserting before the

3 item relating to section 6383 the following:

‘‘6371. Mandatory retirement: Superintendent of the United States Naval Academy.’’.

4 (B) The table of sections at the beginning of chapter

5 603 of such title is amended by inserting after the item

6 relating to section 6951 the following:

‘‘6951a. Superintendent.’’.

7 (3)(A) The table of sections at the beginning of chap8 ter 867 of such title is amended by inserting after the

9 item relating to section 8920 the following:

‘‘8921. Mandatory retirement: Superintendent of the United States Air Force

Academy.’’.

10 (B) The table of sections at the beginning of chapter

11 903 of such title is amended by inserting after the item

12 relating to section 9333 the following:

‘‘9333a. Superintendent: condition for detail to position.’’.

13 (d) SAVINGS PROVISION.—The amendments made by

14 this section shall not apply to an officer serving on the

15 date of the enactment of this Act in the position of Super16 intendent of the United States Military Academy, Super17 intendent of the United States Naval Academy, or Super18 intendent of the United States Air Force Academy for so

19 long as the officer continues on and after that date to

20 serve in the position without a break in the service in the

21 position.
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1 SEC. 503. INCREASE IN MAXIMUM NUMBER OF OFFICERS

2 AUTHORIZED TO BE ON ACTIVE-DUTY LIST IN

3 FROCKED GRADE OF BRIGADIER GENERAL

4 OR REAR ADMIRAL.

5 Section 777(d)(1) of title 10, United States Code, is

6 amended by striking ‘‘the following:’’ and all that follows

7 and inserting ‘‘55.’’.

8 SEC. 504. RESERVE OFFICERS REQUESTING OR OTHER9 WISE CAUSING NONSELECTION FOR PRO10 MOTION.

11 (a) REPORTING REQUIREMENT.—Section 617(c) of

12 title 10, United States Code, is amended by striking ‘‘reg13 ular’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall take effect on the date of the enact16 ment of this Act and shall apply with respect to boards

17 convened under section 611(a) of title 10, United States

18 Code, on or after that date.

19 SEC. 505. MINIMUM GRADE OF OFFICERS ELIGIBLE TO

20 SERVE ON BOARDS OF INQUIRY.

21 (a) RETENTION BOARDS FOR REGULAR OFFICERS.—

22 Section 1187 of title 10, United States Code, is amended

23 to read as follows:

24 ‘‘(a) ACTIVE DUTY OFFICERS.—Each officer who

25 serves on a board convened under this chapter shall—
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1 ‘‘(1) be an officer of the same armed force as

2 the officer being required to show cause for reten3 tion on active duty;

4 ‘‘(2) be serving on active duty in a grade that—

5 ‘‘(A) in the case of the President of the

6 board, is above lieutenant colonel or com7 mander; or

8 ‘‘(B) in the case of any other member of

9 the board, is above major or lieutenant com10 mander; and

11 ‘‘(3) be senior in grade and rank to any officer

12 considered by that board.

13 ‘‘(b) RETIRED OFFICERS.—If qualified officers on ac14 tive duty are not available in sufficient numbers to com15 prise a board convened under this chapter, the Secretary

16 of the military department concerned shall complete the

17 membership of the board by appointing retired officers of

18 the same armed force whose retired grade—

19 ‘‘(1) is—

20 ‘‘(A) in the case of the President of the

21 board, above lieutenant colonel or commander;

22 or

23 ‘‘(B) in the case of any other member of

24 the board, above major or lieutenant com25 mander; and
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1 ‘‘(2) is senior to the grade of any officer consid2 ered by the board.

3 ‘‘(c) INELIGIBILITY BY REASON OF PREVIOUS CON4 SIDERATION OF CASE.—No person may be a member of

5 more than one board convened under this chapter to con6 sider the same officer.

7 ‘‘(d) EXCLUSION FROM STRENGTH LIMITATION.—A

8 retired general or flag officer who is on active duty for

9 the purpose of serving on a board convened under this

10 chapter shall not, while so serving, be counted against any

11 limitation on the number of general and flag officers who

12 may be on active duty.’’.

13 (b) RETENTION BOARDS FOR RESERVE OFFICERS.—

14 Subsection (a) of section 14906 of such title is amended

15 to read as follows:

16 ‘‘(a) ACTIVE STATUS OFFICERS.—Each officer who

17 serves on a board convened under this chapter shall—

18 ‘‘(1) be an officer of the same armed force as

19 the officer being required to show cause for reten20 tion in an active status;

21 ‘‘(2) hold a grade that—

22 ‘‘(A) in the case of the President of the

23 board, is above lieutenant colonel or com24 mander; or
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1 ‘‘(B) in the case of any other member of

2 the board, is above major or lieutenant com3 mander; and

4 ‘‘(3) be senior in grade and rank to any officer

5 considered by that board.’’.

6 SEC. 506. MINIMUM SELECTION OF WARRANT OFFICERS

7 FOR PROMOTION FROM BELOW THE PRO8 MOTION ZONE.

9 Section 575(b)(2) of title 10, United States Code, is

10 amended by adding at the end the following new sentence:

11 ‘‘If the number determined under this subsection with re12 spect to a promotion zone within a grade (or grade and

13 competitive category) is less than one, the board may rec14 ommend one such officer for promotion from below the

15 zone within that grade (or grade and competitive cat16 egory).’’.

17 SEC. 507. INCREASE IN THRESHOLD PERIOD OF ACTIVE

18 DUTY FOR APPLICABILITY OF RESTRICTION

19 ON HOLDING OF CIVIL OFFICE BY RETIRED

20 REGULAR OFFICERS AND RESERVE OFFI21 CERS.

22 Section 973(b)(1) of title 10, United States Code, is

23 amended—

24 (1) in subparagraph (B), by striking ‘‘180

25 days’’ and inserting ‘‘270 days’’; and
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1 (2) in subparagraph (C), by striking ‘‘180

2 days’’ and inserting ‘‘270 days’’.

3 SEC. 508. EXEMPTION OF RETIREE COUNCIL MEMBERS

4 FROM RECALLED RETIREE LIMITS.

5 Section 690(b)(2) of title 10, United States Code, is

6 amended by adding at the end the following new subpara7 graph (D):

8 ‘‘(D) Any member of the Retiree Council of the

9 Army, Navy, or Air Force for the period on active

10 duty to attend the annual meeting of the Retiree

11 Council.’’.

12 Subtitle B—Reserve Component

13 Matters

14 SEC. 511. ADDITIONAL EXCEPTIONS FOR RESERVE COM15 PONENT GENERAL AND FLAG OFFICERS

16 FROM LIMITATION ON AUTHORIZED

17 STRENGTH OF GENERAL AND FLAG OFFI18 CERS ON ACTIVE DUTY.

19 Section 526(d) of title 10, United States Code, is

20 amended to read as follows:

21 ‘‘(d) EXCLUSION OF CERTAIN RESERVE COMPONENT

22 OFFICERS.—(1) The limitations of this section do not

23 apply to the following reserve component general or flag

24 officers:

25 ‘‘(A) An officer on active duty for training.
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1 ‘‘(B) An officer on active duty under a call or

2 order specifying a period of less than 180 days.

3 ‘‘(2) Up to 25 reserve component general and flag

4 officers serving on active duty at any one time under calls

5 or orders specifying periods of 180 days or more may be

6 excluded from the limitations of this section. Officers ex7 cluded under the preceding sentence are in addition to any

8 other reserve component general or flag officers on active

9 duty under calls or orders specifying periods of 180 days

10 or more who are excluded from the limitations of this sec11 tion under authority other than this paragraph.’’.

12 SEC. 512. DUTIES OF RESERVES ON ACTIVE DUTY IN SUP13 PORT OF THE RESERVES.

14 (a) DUTIES.—Section 12310 of title 10, United

15 States Code, is amended—

16 (1) by redesignating subsection (b) as sub17 section (d) and transferring such subsection, as so

18 redesignated, to the end of the section; and

19 (2) by inserting after subsection (a) the fol20 lowing new subsection (b):

21 ‘‘(b) DUTIES.—A Reserve on active duty as described

22 in subsection (a) may be assigned only duties in connec23 tion with the functions described in that subsection, which

24 may include the following:
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1 ‘‘(1) Supporting operations or missions as2 signed in whole or in part to reserve components.

3 ‘‘(2) Supporting operations or missions per4 formed or to be performed by—

5 ‘‘(A) a unit composed of elements from

6 more than one component of the same armed

7 force; or

8 ‘‘(B) a joint forces unit that includes—

9 ‘‘(i) one or more reserve component

10 units; or

11 ‘‘(ii) if no reserve component unit, any

12 member of a reserve component whose re13 serve component assignment is in a posi14 tion in an element of the joint forces unit.

15 ‘‘(3) Advising the Secretary of Defense, the

16 Secretary of a military department, the Joint Chiefs

17 of Staff, or the commander of a unified combatant

18 command regarding reserve component matters.’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

20 Section 12310 of title 10, United States Code, is

21 amended—

22 (1) in subsection (a), by inserting ‘‘GRADE.—’’

23 after ‘‘(a)’’;

24 (2) in subsection (c)(1), by striking ‘‘(c)(1) A

25 Reserve’’ and inserting ‘‘(c) DUTIES RELATING TO
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1 DEFENSE AGAINST WEAPONS OF MASS DESTRUC2 TION.—(1) Notwithstanding subsection (b), a Re3 serve’’; and

4 (3) in subsection (d), as redesignated and

5 transferred by subsection (a)(1), by inserting

6 ‘‘TRAINING.—’’ after ‘‘(d)’’.

7 (c) REVIEW OF USE OF RESERVES ON ACTIVE DUTY

8 IN SUPPORT OF THE RESERVES.—(1) The Secretary of

9 Defense shall review how the Reserves on active duty in

10 support of the reserves are used in relation to the duties

11 set forth under subsection (b) of section 12310 of title

12 10, United States Code, as added by subsection (a)(2).

13 (2) Not later than March 1, 2000, the Secretary shall

14 submit a report on the results of the review to the Com15 mittees on Armed Services of the Senate and the House

16 of Representatives. The report shall address, at a min17 imum, the following issues:

18 (1) Whether the Reserves on active duty in sup19 port of the reserve should be considered as a sepa20 rate category of Reserves on active duty.

21 (2) Whether those Reserves should be counted

22 within the active component end strengths and fund23 ed by the appropriations for active component mili24 tary personnel.
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1 SEC. 513. REPEAL OF LIMITATION ON NUMBER OF RE2 SERVES ON FULL-TIME ACTIVE DUTY IN SUP3 PORT OF PREPAREDNESS FOR RESPONSES

4 TO EMERGENCIES INVOLVING WEAPONS OF

5 MASS DESTRUCTION.

6 (a) REPEAL.—Paragraph (4) of section 12310(c) of

7 title 10, United States Code, is amended by striking the

8 first sentence.

9 (b) CONFORMING AMENDMENTS.—Paragraph (6) of

10 such section is amended—

11 (1) by striking ‘‘or to increase the number of

12 personnel authorized by paragraph (4)’’ in the mat13 ter preceding subparagraph (A); and

14 (2) in subparagraph (A), by striking ‘‘or for the

15 requested additional personnel’’ and all that follows

16 through ‘‘Federal levels’’.

17 SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RE18 SERVE COMPONENT MAJORS AND LIEUTEN19 ANT COMMANDERS WHO TWICE FAIL OF SE20 LECTION FOR PROMOTION.

21 (a) PARITY WITH OFFICERS IN GRADES O–2

22 AND O–3.—Section 14506 of title 10, United States

23 Code, is amended—

24 (1) by inserting ‘‘the later of (1)’’ after ‘‘in ac25 cordance with section 14513 of this title on’’; and
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1 (2) by inserting before the period at the end the

2 following: ‘‘, or (2) the first day of the seventh

3 month after the month in which the President ap4 proves the report of the board which considered the

5 officer for the second time’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 subsection (a) shall take effect on the date of the enact8 ment of this Act and shall apply with respect to removals

9 of reserve officers from reserve active-status lists under

10 section 14506 of title 10, United States Code, on or after

11 that date.

12 SEC. 515. CONTINUATION OF OFFICER ON RESERVE AC13 TIVE-STATUS LIST FOR DISCIPLINARY AC14 TION.

15 (a) AUTHORITY.—Chapter 1407 of title 10, United

16 States Code, is amended by adding at the end the fol17 lowing new section:

18 ‘‘§ 14518. Continuation on reserve active-status list to

19 complete disciplinary action

20 ‘‘When any action has been commenced against an

21 officer on a reserve active-status list with a view to trying

22 the officer by court-martial, the Secretary concerned may

23 delay the separation or retirement of the officer under the

24 provisions of this chapter until the completion of the ac25 tion.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end:

‘‘14518. Continuation on reserve active-status list to complete disciplinary action.’’.

4 SEC. 516. RETENTION OF RESERVE COMPONENT CHAP5 LAINS UNTIL AGE 67.

6 Section 14703(b) of title 10, United States Code, is

7 amended by striking ‘‘(or, in the case of a reserve officer

8 of the Army in the Chaplains or a reserve officer of the

9 Air Force designated as a chaplain, 60 years of age)’’.

10 SEC. 517. RESERVE CREDIT FOR PARTICIPATION IN

11 HEALTH PROFESSIONS SCHOLARSHIP AND

12 FINANCIAL ASSISTANCE PROGRAM.

13 Section 2126(b) of title 10, United States Code, is

14 amended—

15 (1) by striking paragraphs (2) and (3) and in16 serting the following:

17 ‘‘(2) Service credited under paragraph (1) counts

18 only for the award of retirement points for computation

19 of years of service under section 12732 of this title and

20 for computation of retired pay under section 12733 of this

21 title.

22 ‘‘(3) The number of points credited to a member

23 under paragraph (1) for a year of participation in a course

24 of study is 50. The points shall be credited to the member
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1 for one of the years of that participation at the end of

2 each year after the completion of the course of study that

3 the member serves in the Selected Reserve and is credited

4 under section 12732(a)(2) of this title with at least 50

5 points. The points credited for the participation shall be

6 recorded in the member’s records as having been earned

7 in the year of the participation in the course of study.’’;

8 (2) by redesignating paragraph (5) as para9 graph (6); and

10 (3) by inserting after paragraph (4) the fol11 lowing new paragraph (5):

12 ‘‘(5) A member of the Selected Reserve may be con13 sidered to be in an active status while pursuing a course

14 of study under this subchapter only for purposes of sec15 tions 12732(a) and 12733(3) of this title.’’.

16 SEC. 518. EXCLUSION OF RESERVE OFFICERS ON EDU17 CATIONAL DELAY FROM ELIGIBILITY FOR

18 CONSIDERATION FOR PROMOTION.

19 (a) EXCLUSION.—Section 14301 of title 10, United

20 States Code is amended by adding at the end the fol21 lowing:

22 ‘‘(h) OFFICERS ON EDUCATIONAL DELAY.—An offi23 cer on a reserve active-status list is ineligible for consider24 ation for promotion, but shall remain on the reserve ac25 tive-status list, while the officer is—
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1 ‘‘(1) pursuing a program of graduate level edu2 cation in an educational delay status approved by

3 the Secretary concerned; and

4 ‘‘(2) receiving from the Secretary financial as5 sistance in connection with the pursuit of the pro6 gram in that status.’’.

7 (b) RETROACTIVE EFFECT.—(1) Subsection (h) of

8 section 14301 of title 10, United States Code (as added

9 by subsection (a)), shall take effect on the date of the en10 actment of this Act and shall apply with respect to boards

11 convened under section 14101(a) of such title before, on,

12 or after that date.

13 (2) The Secretary of the military department con14 cerned, upon receipt of request in a form and manner pre15 scribed by the Secretary, shall expunge from the military

16 records of an officer any indication of a failure of selection

17 of the officer for promotion by a board referred to in para18 graph (1) while the officer was ineligible for consideration

19 by the board by reason of section 14301(h) of title 10,

20 United States Code.

21 SEC. 519. EXCLUSION OF PERIOD OF PURSUIT OF PROFES22 SIONAL EDUCATION FROM COMPUTATION OF

23 YEARS OF SERVICE FOR RESERVE OFFICERS.

24 (a) EXCLUSION.—The text of section 14706 of title

25 10, United States Code, is amended to read as follows:
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1 ‘‘(a) IN GENERAL.—For the purpose of this chapter

2 and chapter 1407 of this title, a reserve officer’s years

3 of service include all service of the officer as a commis4 sioned officer of any uniformed service other than the fol5 lowing:

6 ‘‘(1) Service as a warrant officer.

7 ‘‘(2) Constructive service.

8 ‘‘(3) Except as provided in subsection (b), serv9 ice as a commissioned officer of a reserve component

10 while pursuing a program of advanced education

11 leading to the first professional degree required for

12 appointment, designation, or assignment as an offi13 cer in the Medical Corps, the Dental Corps, the Vet14 erinary Corps, the Medical Service Corps, the Nurse

15 Corps, the Army Medical Specialists Corps, or as a

16 chaplain or judge advocate if the service—

17 ‘‘(A) follows appointment as a commis18 sioned officer of a reserve component; and

19 ‘‘(B) precedes the officer’s initial service

20 on active duty or initial service in the Ready

21 Reserve in the professional specialty for which

22 the degree if required.

23 ‘‘(b) PRIOR SERVICE PROFESSIONAL PERSONNEL.—

24 The exclusion in subsection (a)(3) does not apply to serv-
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1 ice described in that subsection that is performed by an

2 officer who, prior to the described service—

3 ‘‘(1) served on active duty; or

4 ‘‘(2) participated as a member of the Ready Re5 serve other than in a student status.’’.

6 (b) EFFECTIVE DATE.—The amendment made by

7 subsection (a) shall take effect on the date of the enact8 ment of this Act and shall apply with respect to service

9 as a commissioned officer on or after that date.

10 SEC. 520. CORRECTION OF REFERENCE RELATING TO

11 CREDITING OF SATISFACTORY SERVICE BY

12 RESERVE OFFICERS IN HIGHEST GRADE

13 HELD.

14 Section 1370(d)(1) of title 10, United States Code,

15 is amended by striking ‘‘chapter 1225’’ and inserting

16 ‘‘chapter 1223’’.

17 SEC. 521. ESTABLISHMENT OF OFFICE OF THE COAST

18 GUARD RESERVE.

19 (a) ESTABLISHMENT.—Chapter 3 of title 14, United

20 States Code, is amended by adding at the end the fol21 lowing:

22 ‘‘§ 53. Office of the Coast Guard Reserve; Director

23 ‘‘(a) ESTABLISHMENT OF OFFICE; DIRECTOR.—

24 There is in the executive part of the Coast Guard an Office

25 of the Coast Guard Reserve. The head of the Office is
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1 the Director of the Coast Guard Reserve. The Director

2 of the Coast Guard Reserve is the principal adviser to the

3 Commandant on Coast Guard Reserve matters and may

4 have such additional functions as the Commandant may

5 direct.

6 ‘‘(b) APPOINTMENT.—The President, by and with the

7 advice and consent of the Senate, shall appoint the Direc8 tor of the Coast Guard Reserve, from officers of the Coast

9 Guard not on active duty, or on active duty under section

10 10211 of title 10, who—

11 ‘‘(1) have had at least 10 years of commis12 sioned service;

13 ‘‘(2) are in a grade above captain; and

14 ‘‘(3) have been recommended by the Secretary

15 of Transportation.

16 ‘‘(c) TERM.—(1) The Director of the Coast Guard

17 Reserve holds office for a term determined by the Presi18 dent, normally two years, but not more than four years.

19 An officer may be removed from the position of Director

20 for cause at any time.

21 ‘‘(2) The Director of the Coast Guard Reserve, while

22 so serving, holds a grade above Captain, without vacating

23 the officer’s permanent grade.

24 ‘‘(d) BUDGET.—The Director of the Coast Guard Re25 serve is the official within the executive part of the Coast
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1 Guard who, subject to the authority, direction, and control

2 of the Secretary of Transportation and the Commandant,

3 is responsible for preparation, justification, and execution

4 of the personnel, operation and maintenance, and con5 struction budgets for the Coast Guard Reserve. As such,

6 the Director of the Coast Guard Reserve is the director

7 and functional manager of appropriations made for the

8 Coast Guard Reserve in those areas.

9 ‘‘(e) ANNUAL REPORT.—The Director of the Coast

10 Guard Reserve shall submit to the Secretary of Transpor11 tation and the Secretary of Defense an annual report on

12 the state of the Coast Guard Reserve and the ability of

13 the Coast Guard Reserve to meet its missions. The report

14 shall be prepared in conjunction with the Commandant

15 and may be submitted in classified and unclassified

16 versions.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of such chapter is amended by inserting

19 after the item relating to section 52 the following:

‘‘53. Office of the Coast Guard Reserve; Director.’’.

20 SEC. 522. CHIEFS OF RESERVE COMPONENTS AND THE AD21 DITIONAL GENERAL OFFICERS AT THE NA22 TIONAL GUARD BUREAU.

23 (a) GRADE OF CHIEF OF ARMY RESERVE.—Section

24 3038(c) of title 10, United States Code, is amended by
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1 striking ‘‘major general’’ and inserting ‘‘lieutenant gen2 eral’’.

3 (b) GRADE OF CHIEF OF NAVAL RESERVE.—Section

4 5143(c)(2) of such title is amended by striking ‘‘rear ad5 miral (lower half)’’ and inserting ‘‘rear admiral’’.

6 (c) GRADE OF COMMANDER, MARINE FORCES RE7 SERVE.—Section 5144(c)(2) of such title is amended by

8 striking ‘‘brigadier general’’ and inserting ‘‘major gen9 eral’’.

10 (d) GRADE OF CHIEF OF AIR FORCE RESERVE.—

11 Section 8038(c) of such title is amended by striking

12 ‘‘major general’’ and inserting ‘‘lieutenant general’’.

13 (e) THE ADDITIONAL GENERAL OFFICERS FOR THE

14 NATIONAL GUARD BUREAU.—Subparagraphs (A) and (B)

15 of section 10506(a)(1) of such title are each amended by

16 striking ‘‘major general’’ and inserting ‘‘lieutenant gen17 eral’’.

18 (f) EXCLUSION FROM LIMITATION ON GENERAL AND

19 FLAG OFFICERS.—Section 526(d) of such title is amended

20 to read as follows:

21 ‘‘(d) EXCLUSION OF CERTAIN RESERVE COMPONENT

22 OFFICERS.—The limitations of this section do not apply

23 to the following reserve component general or flag officers:

24 ‘‘(1) An officer on active duty for training.
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1 ‘‘(2) An officer on active duty under a call or

2 order specifying a period of less than 180 days.

3 ‘‘(3) The Chief of Army Reserve, the Chief of

4 Naval Reserve, the Chief of Air Force Reserve, the

5 Commander, Marine Forces Reserve, and the addi6 tional general officers assigned to the National

7 Guard Bureau under section 10506(a)(1) of this

8 title.’’.

9 (g) EFFECTIVE DATE.—This section and the amend10 ments made by this section shall take effect 60 days after

11 the date of the enactment of this Act.

12 Subtitle C—Military Education and

13 Training

14 SEC. 531. AUTHORITY TO EXCEED TEMPORARILY A

15 STRENGTH LIMITATION FOR THE SERVICE

16 ACADEMIES.

17 Section 511(a) of the National Defense Authorization

18 Act for Fiscal Years 1992 and 1993 (Public Law 102–

19 190; 105 Stat. 1359; 10 U.S.C. 4342 note) is amended—

20 (1) by inserting ‘‘(1)’’ after ‘‘(a) REDUCTION IN

21 AUTHORIZED STRENGTHS.—’’; and

22 (2) by adding at the end the following:

23 ‘‘(2) The Secretary of the military department con24 cerned may authorize the strength for an academy for any

25 class year to exceed the strength limitation set forth in
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1 paragraph (1) by not more than 5 percent. Before grant2 ing that authority, the Secretary shall submit to the Com3 mittees on Armed Services of the Senate and House of

4 Representatives a written notification of the determination

5 to authorize the excessive strength for that year. The noti6 fication shall include a discussion of the justification for

7 exceeding the strength limitation and the actions that the

8 Secretary plans to take to reduce the strength to a level

9 within the strength limitation.’’.

10 SEC. 532. REPEAL OF LIMITATION ON AMOUNT OF REIM11 BURSEMENT AUTHORIZED TO BE WAIVED

12 FOR FOREIGN STUDENTS AT THE SERVICE

13 ACADEMIES.

14 (a) REPEAL.—Sections 4344(b)(3), 6957(b)(3), and

15 9344(b)(3) of title 10, United States Code, are repealed.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall take effect on the date of the enact18 ment of this Act and shall apply with respect to the aca19 demic year that includes that date and academic years

20 that begin after that date.

21 SEC. 533. EXPANSION OF FOREIGN EXCHANGE PROGRAMS

22 OF THE SERVICE ACADEMIES.

23 (a) UNITED STATES MILITARY ACADEMY.—Section

24 4345 of title 10, United States Code, is amended—
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1 (1) in subsection (b), by striking ‘‘10 cadets’’

2 and inserting ‘‘24 cadets’’; and

3 (2) in subsection (c)(3), by striking ‘‘$50,000’’

4 and inserting ‘‘$120,000’’.

5 (b) UNITED STATES NAVAL ACADEMY.—Section

6 6957a of such title is amended—

7 (1) in subsection (b), by striking ‘‘10 mid8 shipmen’’ and inserting ‘‘24 midshipmen’’; and

9 (2) in subsection (c)(3), by striking ‘‘$50,000’’

10 and inserting ‘‘$120,000’’.

11 (c) UNITED STATES AIR FORCE ACADEMY.—Section

12 9345 of such title is amended—

13 (1) in subsection (b), by striking ‘‘10 Air Force

14 cadets’’ and inserting ‘‘24 Air Force cadets’’; and

15 (2) in subsection (c)(3), by striking ‘‘$50,000’’

16 and inserting ‘‘$120,000’’.

17 SEC. 534. PERMANENT AUTHORITY FOR ROTC SCHOLAR18 SHIPS FOR GRADUATE STUDENTS.

19 Section 2107(c)(2) of title 10, United States Code,

20 is amended to read as follows:

21 ‘‘(2) The Secretary of the military department con22 cerned may provide financial assistance, as described in

23 paragraph (1), to a student enrolled in an advanced edu24 cation program beyond the baccalaureate degree level if

25 the student also is a cadet or midshipman in an advanced
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1 training program. Not more than 15 percent of the total

2 number of scholarships awarded under this section in any

3 year may be awarded under this paragraph.’’.

4 SEC. 535. AUTHORITY FOR AWARD OF MASTER OF STRA5 TEGIC STUDIES DEGREE BY THE UNITED

6 STATES ARMY WAR COLLEGE.

7 (a) AUTHORITY FOR DEGREE.—Chapter 401 of title

8 10, United States Code, is amended by adding at the end

9 the following:

10 ‘‘§ 4321. United States Army War College: master of

11 strategic studies degree

12 ‘‘Under regulations prescribed by the Secretary of the

13 Army, the Commandant of the United States Army War

14 College, upon the recommendation of the faculty and Dean

15 of the College, may confer the degree of master of stra16 tegic studies upon graduates of the college who have ful17 filled the requirements for the degree.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by adding

20 at the end the following:

‘‘4321. United States Army War College: master of strategic studies degree.’’.
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1 SEC. 536. MINIMUM EDUCATIONAL REQUIREMENTS FOR

2 FACULTY OF THE COMMUNITY COLLEGE OF

3 THE AIR FORCE.

4 Section 9315 of title 10, United States Code, is

5 amended by adding at the end the following new sub6 section:

7 ‘‘(d) EDUCATIONAL QUALIFICATIONS OF FAC8 ULTY.—Notwithstanding section 3308 of title 5 or any

9 other provision of law, the commander of the Air Edu10 cation and Training Command may prescribe the min11 imum educational qualifications required for the profes12 sors and instructors of the college. The required qualifica13 tions shall equal or exceed the qualifications necessary to

14 satisfy accreditation standards applicable to the college.’’.

15 SEC. 537. CONFERRAL OF GRADUATE-LEVEL DEGREES BY

16 AIR UNIVERSITY.

17 (a) AUTHORITY.—Section 9317(a) of title 10, United

18 States Code, is amended to read as follows:

19 ‘‘(a) AUTHORITY.—Upon the recommendation of the

20 faculty of a school of the Air University, the Commander

21 of the Air University may confer a degree upon graduates

22 of that school who fulfill the requirements for the degree,

23 as follows:

24 ‘‘(1) The degree of master of strategic studies,

25 for the Air War College.
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1 ‘‘(2) The degree of master of military oper2 ational art and science, for the Air Command and

3 Staff College.

4 ‘‘(3) The degree of master of airpower art and

5 science, for the School of Advanced Airpower Stud6 ies.’’.

7 (b) CLERICAL AMENDMENTS.—(1) The heading of

8 that section is amended to read as follows:

9 ‘‘§ 9317. Air University: graduate-level degrees’’.

10 (2) The item relating to such section in the table of

11 sections at the beginning of chapter 901 of title 10, United

12 States Code, is amended to read as follows:

‘‘9317. Air University: graduate-level degrees.’’.

13 SEC. 538. PAYMENT OF TUITION FOR EDUCATION AND

14 TRAINING OF MEMBERS IN THE DEFENSE AC15 QUISITION WORKFORCE.

16 Section 1745(a) of title 10, United States Code, is

17 amended to read as follows:

18 ‘‘(a) TUITION REIMBURSEMENT AND TRAINING.—(1)

19 The Secretary of Defense shall provide for tuition reim20 bursement and training (including a full-time course of

21 study leading to a degree) for acquisition personnel in the

22 Department of Defense.

23 ‘‘(2) For civilian personnel, the reimbursement and

24 training shall be provided under section 4107(b) of title

25 5 for the purposes described in that section. For purposes
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1 of such section 4107(b), there is deemed to be, until Sep2 tember 30, 2001, a shortage of qualified personnel to serve

3 in acquisition positions in the Department of Defense.

4 ‘‘(3) In the case of members of the armed forces, the

5 limitation in section 2007(a) of this title shall not apply

6 to tuition reimbursement and training provided for under

7 this subsection.’’.

8 SEC. 539. FINANCIAL ASSISTANCE PROGRAM FOR PURSUIT

9 OF DEGREES BY OFFICER CANDIDATES IN

10 MARINE CORPS PLATOON LEADERS CLASS

11 PROGRAM.

12 (a) IN GENERAL.—(1) Part IV of subtitle E of title

13 10, United States Code, is amended by adding at the end

14 the following:

15 ‘‘CHAPTER 1610—OTHER EDUCATIONAL

16 ASSISTANCE PROGRAMS

‘‘Sec.

‘‘16401. Marine Corps Platoon Leaders Class Program: officer candidates pursuing degrees.

17 ‘‘§ 16401. Marine Corps Platoon Leader’s Class Pro18 gram: officer candidates pursuing de19 grees

20 ‘‘(a) AUTHORITY.—The Secretary of the Navy may

21 provide financial assistance to an eligible enlisted member

22 of the Marine Corps Reserve for expenses of the member

23 while the member is pursuing on a full-time basis at an
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1 institution of higher education a program of education ap2 proved by the Secretary that leads to—

3 ‘‘(1) a baccalaureate degree in less than five

4 academic years; or

5 ‘‘(2) a doctor of jurisprudence or bachelor of

6 laws degree in not more than three academic years.

7 ‘‘(b) ELIGIBILITY.—(1) To be eligible for receipt of

8 financial assistance under this section, an enlisted member

9 of the Marine Corps Reserve shall—

10 ‘‘(A) be an officer candidate in the Marine

11 Corps Platoon Leaders Class Program and have suc12 cessfully completed one six-week (or longer) incre13 ment of military training required under the pro14 gram;

15 ‘‘(B) satisfy the applicable age requirement of

16 paragraph (2);

17 ‘‘(C) be enrolled on a full-time basis in a pro18 gram of education referred to in subsection (a) at

19 any institution of higher education;

20 ‘‘(D) enter into a written agreement with the

21 Secretary—

22 ‘‘(i) to accept an appointment as a com23 missioned officer in the Marine Corps, if ten24 dered by the President;
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1 ‘‘(ii) to serve on active duty for at least

2 five years; and

3 ‘‘(iii) under such terms and conditions as

4 shall be prescribed by the Secretary, to serve in

5 the Marine Corps Reserve until the eighth anni6 versary of the date of the appointment.

7 ‘‘(2)(A) To meet the age requirements of this para8 graph, a member pursuing a baccalaureate degree may not

9 be over 26 years of age on June 30 of the calendar year

10 in which the member is projected to be eligible for appoint11 ment as a commissioned officer in the Marine Corps

12 through the Marine Corps Platoon Leaders Class Pro13 gram, except that any such member who has served on

14 active duty in the armed forces may, on such date, be any

15 age under 30 years that exceeds 26 years by a number

16 of months that is not more than the number of months

17 that the member served on active duty.

18 ‘‘(B) To meet the age requirements of this para19 graph, a member pursuing a doctor of jurisprudence or

20 bachelor of laws degree may not be over 30 years of age

21 on June 30 of the calendar year in which the member is

22 projected to be eligible for appointment as a commissioned

23 officer in the Marine Corps through the Marine Corps Pla24 toon Leaders Class Program, except that any such mem25 ber who has served on active duty in the armed forces
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1 may, on such date, be any age under 35 years that exceeds

2 30 years by a number of months that is not more than

3 the number of months that the member served on active

4 duty.

5 ‘‘(c) COVERED EXPENSES.—Expenses for which fi6 nancial assistance may be provided under this section are

7 tuition and fees charged by the institution of higher edu8 cation involved, the cost of books, and, in the case of a

9 program of education leading to a baccalaureate degree,

10 laboratory expenses.

11 ‘‘(d) AMOUNT.—The amount of financial assistance

12 provided to a member under this section shall be pre13 scribed by the Secretary, but may not exceed $5,200 for

14 any academic year.

15 ‘‘(e) LIMITATIONS.—(1) Financial assistance may be

16 provided to a member under this section only for three

17 consecutive academic years.

18 ‘‘(2) Not more than 1,200 members may participate

19 in the financial assistance program under this section in

20 any academic year.

21 ‘‘(f) FAILURE TO COMPLETE PROGRAM.—A member

22 in receipt of financial assistance under this section may

23 be ordered to active duty in the Marine Corps by the Sec24 retary to serve in an appropriate enlisted grade for such
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1 period as the Secretary prescribes, but not for more than

2 four years, if the member—

3 ‘‘(1) completes the military and academic re4 quirements of the Marine Corps Platoon Leaders

5 Class Program and refuses to accept a commission

6 when offered;

7 ‘‘(2) fails to complete the military or academic

8 requirements of the Marine Corps Platoon Leaders

9 Class Program; or

10 ‘‘(3) is disenrolled from the Marine Corps Pla11 toon Leaders Class Program for failure to maintain

12 eligibility for an original appointment as a commis13 sioned officer under section 532 of this title.

14 ‘‘(g) INSTITUTION OF HIGHER EDUCATION DE15 FINED.—In this section, the term ‘institution of higher

16 education’ has the meaning given that term in section 101

17 of the Higher Education Act of 1965 (20 U.S.C. 1001).’’.

18 (2) The tables of chapters at the beginning of subtitle

19 E of such title and at the beginning of part IV of such

20 subtitle are amended by adding at the end the following:

‘‘1610. Other Educational Assistance Programs ....................16401’’.

21 (b) CONFORMING AMENDMENT.—Section 3695(a)(5)

22 of title 38, United States Code, is amended by striking

23 ‘‘Chapters 106 and 107’’ and inserting ‘‘Chapters 107,

24 1606, and 1610’’.
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1 (c) COMPUTATION OF CREDITABLE SERVICE.—Sec2 tion 205 of title 37, United States Code, is amended by

3 adding at the end the following:

4 ‘‘(f) Notwithstanding subsection (a), the years of

5 service of a commissioned officer appointed under section

6 12209 of title 10 after receiving financial assistance under

7 section 16401 of such title may not include a period of

8 service after the date of the establishment of the program

9 of financial assistance by the Secretary that the officer

10 performed concurrently as a member of the Marine Corps

11 Platoon Leaders Class Program and the Marine Corps Re12 serve, except for any period of service that the officer per13 formed (concurrently with the period of service as a mem14 ber of the Marine Corps Platoon Leaders Class Program)

15 as an enlisted member on active duty or as a member of

16 the Selected Reserve.’’.

17 (d) TRANSITION PROVISION.—(1) An enlisted mem18 ber of the Marine Corps Reserve selected for training as

19 an officer candidate under section 12209 of title 10,

20 United States Code, before implementation of a financial

21 assistance program under section 12216 of such title (as

22 added by subsection (a)) may, upon application, partici23 pate in the financial assistance program established under

24 section 12216 of such title (as added by subsection (a))

25 if the member—
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1 (A) is eligible for financial assistance under

2 such section 12216;

3 (B) submits a request for the financial assist4 ance to the Secretary of the Navy not later than 180

5 days after the date on which the Secretary estab6 lishes the financial assistance program; and

7 (C) enters in a written agreement described in

8 subsection (b)(4) of such section 12216.

9 (2) Section 205(f) of title 37, United States Code,

10 as added by subsection (c), applies to a member referred

11 to in paragraph (1).

12 Subtitle D—Decorations, Awards,

13 and Commendations

14 SEC. 551. WAIVER OF TIME LIMITATIONS FOR AWARD OF

15 CERTAIN DECORATIONS TO CERTAIN PER16 SONS.

17 (a) WAIVER.—Any limitation established by law or

18 policy for the time within which a recommendation for the

19 award of a military decoration or award must be sub20 mitted shall not apply to award of the decoration as de21 scribed in subsection (b), the award of such decoration

22 having been determined by the Secretary of Transpor23 tation to be warranted in accordance with section 1130

24 of title 10, United States Code.
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1 (b) COAST GUARD COMMENDATION MEDAL.—Sub2 section (a) applies to the award of the Coast Guard Com3 mendation Medal to Mark H. Freeman, of Seattle, Wash4 ington for heroic achievement performed in a manner

5 above that normally to be expected during rescue oper6 ations for the S.S. Seagate, in September 1956, while

7 serving as a member of the Coast Guard at Gray Harbor

8 Lifeboat Station, Westport, Washington.

9 SEC. 552. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO

10 ALFRED RASCON FOR VALOR DURING THE

11 VIETNAM CONFLICT.

12 (a) WAIVER OF TIME LIMITATIONS.—Notwith13 standing the time limitations specified in section 3744 of

14 title 10, United States Code, or any other time limitation

15 with respect to the awarding of certain medals to persons

16 who served in the Army, the President may award the

17 Medal of Honor under section 3741 of that title to Alfred

18 Rascon, of Laurel, Maryland, for the acts of valor de19 scribed in subsection (b).

20 (b) ACTION DESCRIBED.—The acts of valor referred

21 to in subsection (a) are the actions of Alfred Rascon on

22 March 16, 1966, as an Army medic, serving in the grade

23 of Specialist Four in the Republic of Vietnam with the

24 Reconnaissance Platoon, Headquarters Company, 1st
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1 Battalion, 503rd Infantry, 173rd Airborne Brigade (Sepa2 rate), during a combat operation known as Silver City.

3 SEC. 553. ELIMINATION OF BACKLOG IN REQUESTS FOR RE4 PLACEMENT OF MILITARY MEDALS AND

5 OTHER DECORATIONS.

6 (a) SUFFICIENT RESOURCING REQUIRED.—The Sec7 retary of Defense shall make available funds and other

8 resources at the levels that are necessary for ensuring the

9 elimination of the backlog of the unsatisfied requests made

10 to the Department of Defense for the issuance or replace11 ment of military decorations for former members of the

12 Armed Forces. The organizations to which the necessary

13 funds and other resources are to be made available for

14 that purpose are as follows:

15 (1) The Army Reserve Personnel Command.

16 (2) The Bureau of Naval Personnel.

17 (3) The Air Force Personnel Center.

18 (4) The National Archives and Records Admin19 istration

20 (b) CONDITION.—The Secretary shall allocate funds

21 and other resources under subsection (a) in a manner that

22 does not detract from the performance of other personnel

23 service and personnel support activities within the Depart24 ment of Defense.
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1 (c) REPORT.—Not later than 45 days after the date

2 of the enactment of this Act, the Secretary of Defense

3 shall submit to Congress a report on the status of the

4 backlog described in subsection (a). The report shall in5 clude a plan for eliminating the backlog.

6 (d) REPLACEMENT DECORATION DEFINED.—For the

7 purposes of this section, the term ‘‘decoration’’ means a

8 medal or other decoration that a former member of the

9 Armed Forces was awarded by the United States for mili10 tary service of the United States.

11 SEC. 554. RETROACTIVE AWARD OF NAVY COMBAT ACTION

12 RIBBON.

13 The Secretary of the Navy may award the Navy Com14 bat Action Ribbon (established by Secretary of the Navy

15 Notice 1650, dated February 17, 1969) to a member of

16 the Navy and Marine Corps for participation in ground

17 or surface combat during any period after December 6,

18 1941, and before March 1, 1961 (the date of the otherwise

19 applicable limitation on retroactivity for the award of such

20 decoration), if the Secretary determines that the member

21 has not been previously recognized in appropriate manner

22 for such participation.
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1 Subtitle E—Amendments to

2 Uniform Code of Military Justice

3 SEC. 561. INCREASE IN SENTENCING JURISDICTION OF

4 SPECIAL COURTS-MARTIAL AUTHORIZED TO

5 ADJUDGE A BAD CONDUCT DISCHARGE.

6 (a) INCREASE IN JURISDICTION.—Section 819 of

7 title 10, United States Code (article 19 of the Uniform

8 Code of Military Justice), is amended—

9 (1) in the second sentence, by striking ‘‘six

10 months’’ both places it appears and inserting ‘‘one

11 year’’; and

12 (2) in the third sentence, by inserting after ‘‘A

13 bad conduct discharge’’ the following: ‘‘, confinement

14 for more than six months, or forfeiture of pay for

15 more than six months’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall take effect on the first day of the sixth

18 month following the month in which this Act is enacted,

19 and shall apply with respect to charges referred to trial

20 by special courts-martial on or after that effective date.
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1 SEC. 562. REDUCED MINIMUM BLOOD AND BREATH ALCO2 HOL LEVELS FOR OFFENSE OF DRUNKEN OP3 ERATION OR CONTROL OF A VEHICLE, AIR4 CRAFT, OR VESSEL.

5 (a) STANDARD.—Section 911(2) of title 10, United

6 States Code (article 111(2) of the Uniform Code of Mili7 tary Justice), is amended by striking ‘‘0.10 grams’’ both

8 places it appears and inserting ‘‘0.08 grams’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall take effect on the date of enactment

11 of this Act and shall apply with respect to acts committed

12 on or after that date.

13 Subtitle F—Other Matters

14 SEC. 571. FUNERAL HONORS DETAILS AT FUNERALS OF

15 VETERANS.

16 (a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—

17 Subsection (a) of section 1491 of title 10, United States

18 Code, is amended to read as follows:

19 ‘‘(a) RESPONSIBILITY.—The Secretary of Defense

20 shall ensure that, upon request, a funeral honors detail

21 is provided for the funeral of any veteran that occurs after

22 December 31, 1999.’’.

23 (b) ELIGIBILITY FOR HONORS.—Subsection (f) of

24 such section is amended to read as follows:

25 ‘‘(h) VETERAN DEFINED.—In this section, the term

26 ‘veteran’ means the following:
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1 ‘‘(1) A decedent who was a veteran, as defined

2 in section 101(2) of title 38.

3 ‘‘(2) A decedent who, by reason of having been

4 a member of the Selected Reserve, is eligible for a

5 flag to drape the casket under section 2301(f) of

6 title 38.’’.

7 (c) COMPOSITION OF FUNERAL HONORS DETAILS.—

8 (1) Subsection (b) of such section is amended—

9 (A) by striking ‘‘HONOR GUARD DETAILS.—’’

10 and inserting ‘‘FUNERAL HONORS DETAILS.—(1)’’ ;

11 (B) by striking ‘‘honor guard detail’’ and in12 serting ‘‘funeral honors detail’’; and

13 (C) by striking ‘‘not less than three persons’’

14 and all that follows and inserting the following: ‘‘two

15 or more persons.’’.

16 (2) Subsection (c) of such section is amended—

17 (A) by striking ‘‘(c) PERSONS FORMING HONOR

18 GUARDS.—An honor guard detail’’ and inserting

19 ‘‘(2) At least two members of the funeral honors de20 tail for the veteran’s funeral shall be members of the

21 armed forces. At least one of those members shall be

22 a member of the armed force of which the veteran

23 was a member. The remainder of the detail’’; and

24 (B) by striking the second sentence and insert25 ing the following: ‘‘Each member of the armed
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1 forces in the detail shall wear the appropriate uni2 form of the member’s armed force while serving in

3 the detail.’’.

4 (d) CEREMONY, SUPPORT, AND WAIVER.—Such sec5 tion is further amended—

6 (1) by redesignating subsections (d) and (e) as

7 subsections (f) and (g), respectively; and

8 (2) by inserting after subsection (b) the fol9 lowing:

10 ‘‘(c) CEREMONY.—A funeral honors detail shall, at

11 a minimum, perform at the funeral a ceremony that in12 cludes the folding and presentation of the flag of the

13 United States to the veteran’s family and the playing of

14 Taps. Unless a bugler is a member of the detail, the detail

15 shall play a recorded version of Taps using audio equip16 ment which the detail shall provide if adequate audio

17 equipment is not otherwise available for use at the funeral.

18 ‘‘(d) SUPPORT.—To provide a funeral honors detail

19 under this section, the Secretary of a military department

20 may provide the following:

21 ‘‘(1) Transportation, or reimbursement for

22 transportation, and expenses for a person who par23 ticipates in the funeral honors detail under this sec24 tion and is not a member of the armed forces or an

25 employee of the United States.
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1 ‘‘(2) Materiel, equipment, and training for

2 members of a veterans organization or other organi3 zation referred to in subsection (b)(2).

4 ‘‘(e) WAIVER AUTHORITY.—(1) The Secretary of De5 fense may waive any requirement provided in or pursuant

6 to this section when the Secretary considers it necessary

7 to do so to meet the requirements of war, national emer8 gency, or a contingency operation, or other military re9 quirements.

10 ‘‘(2) Before or promptly after granting a waiver

11 under paragraph (1), the Secretary shall transmit a notifi12 cation of the waiver to the Committees on Armed Services

13 of the Senate and House of Representatives.’’.

14 (e) REGULATIONS.—The text of subsection (f) of

15 such section, as redesignated by subsection (d)(1), is

16 amended to read as follows:

17 ‘‘The Secretary of Defense shall prescribe regulations

18 to carry out this section. The regulations shall include the

19 following:

20 ‘‘(1) A system for selection of units of the

21 armed forces and other organizations to provide fu22 neral honors details.

23 ‘‘(2) Procedures for responding and coordi24 nating responses to requests for funeral honors de25 tails.
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1 ‘‘(3) Procedures for establishing standards and

2 protocol.

3 ‘‘(4) Procedures for providing training and en4 suring quality of performance.’’.

5 (f) ACCEPTANCE OF VOLUNTARY SERVICES.—Sec6 tion 1588(a) of title 10, United States Code, is amended

7 by adding at the end the following:

8 ‘‘(4) Voluntary services as a member of a fu9 neral honors detail under section 1491 of this title.’’.

10 (g) DUTY STATUS OF RESERVES IN FUNERAL HON11 ORS DETAILS.—(1) Chapter 1 of title 32, United States

12 Code, is amended—

13 (A) in section 114—

14 (i) by striking ‘‘honor guard functions’’

15 both places that it appears and inserting ‘‘fu16 neral honors functions’’; and

17 (ii) by striking ‘‘drill or training otherwise

18 required’’ and inserting ‘‘drill or training, but

19 may be performed as funeral honors duty under

20 section 115 of this title’’; and

21 (B) by adding at the end the following:

22 ‘‘§ 115. Funeral honors duty performed as a Federal

23 function

24 ‘‘(a) ORDER TO DUTY.—A member of the Army Na25 tional Guard of the United States or the Air National
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1 Guard of the United States may be ordered to funeral

2 honors duty, with the consent of the member, to prepare

3 for or perform funeral honors functions at the funeral of

4 a veteran under section 1491 of title 10. However, a mem5 ber of the Army National Guard of the United States or

6 the Air National Guard of the United States may not be

7 ordered to perform funeral honors functions under this

8 section without the consent of the Governor or other ap9 propriate authority of the State concerned.

10 ‘‘(b) SERVICE CREDIT.—A member ordered to fu11 neral honors duty under this section shall be required to

12 perform a minimum of two hours of such duty in order

13 to receive—

14 ‘‘(1) service credit under section

15 12732(a)(2)(E) of title 10; and

16 ‘‘(2) if authorized by the Secretary concerned,

17 the allowance under section 435 of title 37.

18 ‘‘(c) REIMBURSABLE EXPENSES.—A member who

19 performs funeral honors duty under this section may be

20 paid reimbursement for travel and transportation expenses

21 incurred in conjunction with such duty as authorized

22 under chapter 7 of title 37 if such duty is performed at

23 a location 100 miles or more from the member’s residence.
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1 ‘‘(d) REGULATIONS.—The exercise of authority under

2 subsection (a) is subject to regulations prescribed by the

3 Secretary of Defense.’’.

4 (2) Chapter 1213 of title 10, United States Code, is

5 amended by adding at the end the following:

6 ‘‘§ 12503. Ready Reserve: funeral honors duty

7 ‘‘(a) ORDER TO DUTY.—A member of the Ready Re8 serve may be ordered to funeral honors duty, with the con9 sent of the member, in preparation for or to perform fu10 neral honors functions at the funeral of a veteran as de11 fined in section 1491 of this title.

12 ‘‘(b) SERVICE CREDIT.—A member ordered to fu13 neral honors duty under this section shall be required to

14 perform a minimum of two hours of such duty in order

15 to receive—

16 ‘‘(1) service credit under section

17 12732(a)(2)(E) of this title; and

18 ‘‘(2) if authorized by the Secretary concerned,

19 the allowance under section 435 of title 37.

20 ‘‘(c) REIMBURSABLE EXPENSES.—A member who

21 performs funeral honors duty under this section may be

22 paid reimbursement for travel and transportation expenses

23 incurred in conjunction with such duty as authorized

24 under chapter 7 of title 37 if such duty is performed at

25 a location 100 miles or more from the member’s residence.
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1 ‘‘(d) REGULATIONS.—The exercise of authority under

2 subsection (a) is subject to regulations prescribed by the

3 Secretary of Defense.

4 ‘‘(e) MEMBERS OF THE NATIONAL GUARD.—This

5 section does not apply to members of the Army National

6 Guard of the United States or the Air National Guard

7 of the United States. The performance of funeral honors

8 duty by such members is provided for in section 115 of

9 title 32.’’.

10 (3) Section 12552 of title 10, United States Code,

11 is amended—

12 (A) by striking ‘‘honor guard functions’’ and in13 serting ‘‘funeral honors functions’’; and

14 (B) by striking ‘‘drill or training otherwise re15 quired’’ and inserting ‘‘drill or training, but may be

16 performed as funeral honors duty under section

17 12503 of this title’’.

18 (h) CREDITING OF ONE POINT FOR RESERVE SERV19 ING ON DETAIL.—Section 12732(a)(2) of such title is

20 amended—

21 (1) by inserting after subparagraph (D) the fol22 lowing:

23 ‘‘(E) One point for each day on which fu24 neral honors duty is performed for at least two

25 hours under section 12503 of this title or sec-
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1 tion 115 of title 32, unless the duty is per2 formed while in a status for which credit is pro3 vided under another subparagraph of this para4 graph.’’; and

5 (2) by striking ‘‘, and (D)’’ in the second sen6 tence and inserting ‘‘, (D), and (E)’’.

7 (i) BENEFITS FOR MEMBERS IN FUNERAL HONORS

8 DUTY STATUS.—(1) Section 1074a(a) of such title is

9 amended—

10 (A) in each of paragraphs (1) and (2)—

11 (i) by striking ‘‘or’’ at the end of subpara12 graph (A);

13 (ii) by striking the period at the end of

14 subparagraph (B) and inserting ‘‘; or’’; and

15 (iii) by adding at the end the following:

16 ‘‘(C) service on funeral honors duty under

17 section 12503 of this title or section 115 of title

18 32.’’; and

19 (B) by adding at the end the following:

20 ‘‘(4) Each member of the armed forces who in21 curs or aggravates an injury, illness, or disease in

22 the line of duty while remaining overnight imme23 diately before serving on funeral honors duty under

24 section 12503 of this title or section 115 of title 32

25 at or in the vicinity of the place at which the mem-
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1 ber was to so serve, if the place is outside reasonable

2 commuting distance from the member’s residence.’’.

3 (2) Section 1076(a)(2) of such title is amended by

4 adding at the end the following:

5 ‘‘(E) A member who died from an injury, ill6 ness, or disease incurred or aggravated while the

7 member—

8 ‘‘(i) was serving on funeral honors duty

9 under section 12503 of this title or section 115

10 of title 32;

11 ‘‘(ii) was traveling to or from the place at

12 which the member was to so serve; or

13 ‘‘(iii) remained overnight at or in the vicin14 ity of that place immediately before so serving,

15 if the place is outside reasonable commuting

16 distance from the member’s residence.’’.

17 (3) Section 1204(2) of such title is amended—

18 (A) by striking ‘‘or’’ at the end of subpara19 graph (A);

20 (B) by inserting ‘‘or’’ after the semicolon at the

21 end of subparagraph (B); and

22 (C) by adding at the end the following:

23 ‘‘(C) is a result of an injury, illness, or dis24 ease incurred or aggravated in line of duty—
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1 ‘‘(i) while the member was serving on

2 funeral honors duty under section 12503

3 of this title or section 115 of title 32;

4 ‘‘(ii) while the member was traveling

5 to or from the place at which the member

6 was to so serve; or

7 ‘‘(iii) while the member remained

8 overnight at or in the vicinity of that place

9 immediately before so serving, if the place

10 is outside reasonable commuting distance

11 from the member’s residence;’’.

12 (4) Section 1206(2) is amended to read as follows:

13 ‘‘(2) the disability is a result of an injury, ill14 ness, or disease incurred or aggravated in line of

15 duty—

16 ‘‘(A) while—

17 ‘‘(i) performing active duty or inac18 tive-duty training;

19 ‘‘(ii) traveling directly to or from the

20 place at which such duty is performed; or

21 ‘‘(iii) remaining overnight immediately

22 before the commencement of inactive-duty

23 training, or while remaining overnight be24 tween successive periods of inactive-duty

25 training, at or in the vicinity of the site of
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1 the inactive-duty training, if the site is out2 side reasonable commuting distance of the

3 member’s residence; or

4 ‘‘(B) while the member—

5 ‘‘(i) was serving on funeral honors

6 duty under section 12503 of this title or

7 section 115 of title 32;

8 ‘‘(ii) was traveling to or from the

9 place at which the member was to so serve;

10 or

11 ‘‘(iii) remained overnight at or in the

12 vicinity of that place immediately before so

13 serving, if the place is outside reasonable

14 commuting distance from the member’s

15 residence;’’.

16 (5) Section 1481(a)(2) of such title is amended—

17 (A) by striking ‘‘or’’ at the end of subpara18 graph (D);

19 (B) by striking the period at the end of sub20 paragraph (E) and inserting ‘‘; or’’; and

21 (C) by adding at the end the following:

22 ‘‘(F) either—

23 ‘‘(i) serving on funeral honors duty

24 under section 12503 of this title or section

25 115 of title 32;
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1 ‘‘(ii) traveling directly to or from the

2 place at which to so serve; or

3 ‘‘(iii) remaining overnight at or in the

4 vicinity of that place before so serving, if

5 the place is outside reasonable commuting

6 distance from the member’s residence.’’.

7 (j) FUNERAL HONORS DUTY ALLOWANCE.—Chapter

8 4 of title 37, United States Code, is amended by adding

9 at the end the following:

10 ‘‘§ 435. Allowance for funeral honors duty

11 ‘‘(a) AUTHORITY.—The Secretary concerned may au12 thorize payment of an allowance to a member of the Ready

13 Reserve for each day on which the member performs at

14 least two hours of funeral honors duty pursuant to section

15 12503 of title 10 or section 115 of title 32.

16 ‘‘(b) AMOUNT.—The daily rate of an allowance paid

17 under this section is $50.

18 ‘‘(c) FULL COMPENSATION.—Except for expenses re19 imbursed under subsection (c) of section 12503 of title

20 10 or subsection (c) of section 115 of title 32, the allow21 ance paid under this section is the only monetary com22 pensation authorized to be paid a member for the perform23 ance of funeral honors duty pursuant to such section, re24 gardless of the grade in which serving, and shall constitute

25 payment in full to the member.’’.
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1 (k) CLERICAL AMENDMENTS.—(1)(A) The heading

2 for section 1491 of title 10, United States Code, is amend3 ed to read as follows:

4 ‘‘§ 1491. Funeral honors functions at funerals for vet5 erans’’.

6 (B) The heading for section 12552 of title 10, United

7 States Code, is amended to read as follows:

8 ‘‘§ 12552. Funeral honors functions at funerals for

9 veterans’’.

10 (2)(A) The item relating to section 1491 in the table

11 of sections at the beginning of chapter 75 of title 10,

12 United States Code, is amended to read as follows:

‘‘1491. Funeral honors functions at funerals for veterans.’’.

13 (B) The table of sections at the beginning of chapter

14 1213 of title 10, United States Code, is amended by add15 ing at the end the following:

‘‘12503. Ready Reserve: funeral honors duty.’’.

16 (C) The item relating to section 12552 table of sec17 tions at the beginning of chapter 1215 of title 10, United

18 States Code, is amended to read as follows:

‘‘12552. Funeral honors functions at funerals for veterans.’’.

19 (3)(A) The heading for section 114 of title 32, United

20 States Code, is amended to read as follows:
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1 ‘‘§ 114. Funeral honors functions at funerals for vet2 erans’’.

3 (B) The table of sections at the beginning of chapter

4 1 of title 32, United States Code, is amended by striking

5 the item relating to section 114 and inserting the fol6 lowing:

‘‘114. Funeral honors functions at funerals for veterans.

‘‘115. Funeral honors duty performed as a Federal function.’’.

7 (4) The table of sections at the beginning of chapter

8 4 of title 37, United States Code, is amended by adding

9 at the end the following:

‘‘435. Allowance for funeral honors duty.’’.

10 SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED

11 ENTRY PERIOD FOR ENLISTMENTS OF PER12 SONS WITH NO PRIOR MILITARY SERVICE.

13 (a) MAXIMUM PERIOD OF EXTENSION.—Section

14 513(b)(1) of title 10, United States Code, is amended by

15 striking ‘‘180 days’’ in the second sentence and inserting

16 ‘‘365 days’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall take effect on October 1, 1999, and

19 shall apply with respect to enlistments entered into on or

20 after that date.

21 SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM.

22 (a) PROGRAM REQUIRED.—The Secretary of the

23 Army shall establish a pilot program to assess whether
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1 the Army could increase the number of, and the level of

2 the qualifications of, persons accessed into the Army by

3 encouraging recruits to pursue higher education or voca4 tional or technical training before entry into active service

5 in the Army.

6 (b) DELAYED ENTRY WITH ALLOWANCE FOR HIGH7 ER EDUCATION.—Under the pilot program, the Secretary

8 may exercise the authority under section 513 of title 10,

9 United States Code—

10 (1) to accept the enlistment of a person as a

11 Reserve for service in the Selected Reserve or Indi12 vidual Ready Reserve of the Army Reserve or, not13 withstanding the scope of the authority under sub14 section (a) of that section, in the Army National

15 Guard of the United States;

16 (2) to authorize, notwithstanding the period

17 limitation in subsection (b) of such section, a delay

18 of the enlistment of that person in a regular compo19 nent under that subsection for the period during

20 which the person is enrolled in and pursuing a pro21 gram of education at an institution of higher edu22 cation, or a program of vocational or technical train23 ing, on a full-time basis that is to be completed with24 in two years after the date of the enlistment as a

25 Reserve; and
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1 (3) in the case of a person enlisted in a reserve

2 component for service in the Individual Ready Re3 serve, pay an allowance to the person for each

4 month of that period.

5 (c) MAXIMUM PERIOD OF DELAY.—The period of

6 delay authorized a person under paragraph (2) of sub7 section (b) may not exceed the two-year period beginning

8 on the date of the person’s enlistment accepted under

9 paragraph (1) of such subsection.

10 (d) AMOUNT OF ALLOWANCE.—(1) The monthly al11 lowance paid under subsection (b)(3) is $150. The allow12 ance may not be paid for more than 24 months.

13 (2) An allowance under this section is in addition to

14 any other pay and allowances to which a member of a re15 serve component is entitled by reason of participation in

16 the Ready Reserve of that component.

17 (e) COMPARISON GROUP.—To perform the assess18 ment under subsection (a), the Secretary may define and

19 study any group not including persons receiving a benefit

20 under subsection (b) and compare that group with any

21 group or groups of persons who receive such benefits

22 under the pilot program.

23 (f ) DURATION OF PILOT PROGRAM.—The pilot pro24 gram shall be in effect during the period beginning on Oc25 tober 1, 1999, and ending on September 30, 2004.
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1 (g) REPORT.—Not later than February 1, 2004, the

2 Secretary shall submit to the Committees on Armed Serv3 ices of the Senate and the House of Representatives a re4 port on the pilot program. The report shall include the

5 following:

6 (1) The assessment of the Secretary regarding

7 the value of the authority under this section for

8 achieving the objectives of increasing the number of,

9 and the level of the qualifications of, persons

10 accessed into the Army.

11 (2) Any recommendation for legislation or other

12 actions that the Secretary considers appropriate to

13 achieve such objectives through grants of entry

14 delays and financial benefits for advanced education

15 and training of recruits.

16 SEC. 574. REDUCTION IN REQUIRED FREQUENCY OF RE17 PORTING ON THE SELECTED RESERVE EDU18 CATIONAL ASSISTANCE PROGRAM UNDER

19 THE MONTGOMERY GI BILL.

20 The text of section 16137 of title 10, United States

21 Code, is amended to read as follows:

22 ‘‘The Secretary of Defense shall submit to Congress

23 a report not later than March 1 of every other year con24 cerning the operation of the educational assistance pro25 gram established by this chapter. The report shall cover
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1 the two fiscal years preceding the fiscal year in which the

2 report is submitted and shall include the number of mem3 bers of the Selected Reserve of the Ready Reserve of each

4 armed force receiving, and the number entitled to receive,

5 educational assistance under this chapter during the pe6 riod covered by the report. The Secretary may submit the

7 report more frequently and adjust the period covered by

8 the report accordingly.’’.

9 SEC. 575. PARTICIPATION OF MEMBERS IN MANAGEMENT

10 OF ORGANIZATIONS ABROAD THAT PROMOTE

11 INTERNATIONAL UNDERSTANDING.

12 Section 1033(b)(3) of title 10, United States Code,

13 is amended by inserting after subparagraph (D) the fol14 lowing:

15 ‘‘(E) An entity that, operating in a foreign na16 tion where United States personnel are serving at

17 United States military activities, promotes under18 standing and tolerance between such personnel (and

19 their families) and the people of that host foreign

20 nation through programs that foster social relations

21 between those persons.’’.
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1 SEC. 576. FORENSIC PATHOLOGY INVESTIGATIONS BY

2 ARMED FORCES MEDICAL EXAMINER.

3 (a) INVESTIGATION AUTHORITY.—Chapter 75 of title

4 10, United States Code, is amended by striking the head5 ing for the chapter and inserting the following:

6 ‘‘CHAPTER 75—DECEASED PERSONNEL

‘‘Subchapter Sec.

‘‘I. Death Investigations ........................................................................... 1471

‘‘II. Death Benefits ................................................................................... 1475

7 ‘‘SUBCHAPTER I—DEATH INVESTIGATIONS

‘‘Sec.

‘‘1471. Forensic pathology investigations.

8 ‘‘§ 1471. Forensic pathology investigations

9 ‘‘(a) AUTHORITY.—Under regulations prescribed by

10 the Secretary of Defense, the Armed Forces Medical Ex11 aminer may conduct a forensic pathology investigation to

12 determine the cause or manner of death of a deceased per13 son under circumstances described in subsection (b). The

14 investigation may include an autopsy of the decedent’s re15 mains.

16 ‘‘(b) BASIS FOR INVESTIGATION.—A forensic pathol17 ogy investigation of a death under this section is justified

18 if—

19 ‘‘(1) either—

20 ‘‘(A) it appears that the decedent was

21 killed or that, whatever the cause of the dece22 dent’s death, the cause was unnatural;
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1 ‘‘(B) the cause or manner of death is un2 known;

3 ‘‘(C) there is reasonable suspicion that the

4 death was by unlawful means;

5 ‘‘(D) it appears that the death resulted

6 from an infectious disease or from the effects of

7 a hazardous material that may have an adverse

8 effect on the military installation or community

9 involved; or

10 ‘‘(E) the identity of the decedent is un11 known; and

12 ‘‘(2) either—

13 ‘‘(A) the decedent—

14 ‘‘(i) was found dead or died at an in15 stallation garrisoned by units of the armed

16 forces that is under the exclusive jurisdic17 tion of the United States;

18 ‘‘(ii) was a member of the armed

19 forces on active duty or inactive duty for

20 training;

21 ‘‘(iii) was a former member recently

22 retired under chapter 61 of this title as a

23 result of an injury or illness incurred while

24 a member on active duty or inactive duty

25 for training; or
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1 ‘‘(iv) was a civilian dependent of a

2 member of the armed forces and was found

3 dead or died outside the United States;

4 ‘‘(B) in any other authorized Department

5 of Defense investigation of matters which in6 volves the death, a factual determination of the

7 cause or manner of the death is necessary; or

8 ‘‘(C) in any other authorized investigation

9 being conducted by the Federal Bureau of In10 vestigation, the National Transportation Safety

11 Board, or any other Federal agency, an author12 ized official of such agency with authority to di13 rect a forensic pathology investigation requests

14 that the Armed Forces Medical Examiner con15 duct such an investigation.

16 ‘‘(c) DETERMINATION OF JUSTIFICATION.—(1) Sub17 ject to paragraph (2), the determination under paragraph

18 (1) of subsection (b) shall be made by the Armed Forces

19 Medical Examiner.

20 ‘‘(2) A commander may make the determination

21 under paragraph (1) of subsection (b) and require a foren22 sic pathology investigation under this section without re23 gard to a determination made by the Armed Forces Med24 ical Examiner if—
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1 ‘‘(A) in a case involving circumstances de2 scribed in paragraph (2)(A)(i) of that subsection,

3 the commander is the commander of the installation

4 where the decedent was found dead or died; or

5 ‘‘(B) in a case involving circumstances de6 scribed in paragraph (2)(A)(ii) of that subsection,

7 the commander is the commander of the decedent’s

8 unit at a level in the chain of command designated

9 for such purpose in the regulations prescribed by the

10 Secretary of Defense.

11 ‘‘(d) LIMITATION IN CONCURRENT JURISDICTION

12 CASES.—(1) The exercise of authority under this section

13 is subject to the exercise of primary jurisdiction for the

14 investigation of a death—

15 ‘‘(A) in the case of a death in a State, by the

16 State or a local government of the State; or

17 ‘‘(B) in the case of a death in a foreign coun18 try, by that foreign country under any applicable

19 treaty, status of forces agreement, or other inter20 national agreement between the United States and

21 that foreign country.

22 ‘‘(2) Paragraph (1) does not limit the authority of

23 the Armed Forces Medical Examiner to conduct a forensic

24 pathology investigation of a death that is subject to the

25 exercise of primary jurisdiction by another sovereing if the
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1 investigation by the other sovereing is concluded without

2 a forensic pathology investigation that the Armed Forces

3 Medical Examiner considers complete. For the purposes

4 of the preceding sentence a forensic pathology investiga5 tion is incomplete if the investigation does not include an

6 autopsy of the decedent.

7 ‘‘(e) PROCEDURES.—For a forensic pathology inves8 tigation under this section, the Armed Forces Medical Ex9 aminer shall—

10 ‘‘(1) designate one or more qualified patholo11 gists to conduct the investigation;

12 ‘‘(2) to the extent practicable and consistent

13 with responsibilities under this section, give due re14 gard to any applicable law protecting religious be15 liefs;

16 ‘‘(3) as soon as practicable, notify the dece17 dent’s family, if known, that the forensic pathology

18 investigation is being conducted;

19 ‘‘(4) as soon as practicable after the completion

20 of the investigation, authorize release of the dece21 dent’s remains to the family, if known; and

22 ‘‘(5) promptly report the results of the forensic

23 pathology investigation to the official responsible for

24 the overall investigation of the death.
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1 ‘‘(f) DEFINITION OF STATE.—In this section, the

2 term ‘State’ includes the District of Columbia, the Com3 monwealth of Puerto Rico, and Guam.’’.

4 (b) REPEAL OF AUTHORITY FOR EXISTING INQUEST

5 PROCEDURES.—Sections 4711 and 9711 of title 10,

6 United States Code, are repealed.

7 (c) TECHNICAL AND CLERICAL AMENDMENTS.—(1)

8 Chapter 75 of such title, as amended by subsection (a),

9 is further amended by inserting before section 1475 the

10 following:

11 ‘‘SUBCHAPTER II—DEATH BENEFITS’’.

12 (2) The item relating to chapter 75 in the tables of

13 chapters at the beginning subtitle A of such title and at

14 the beginning of part II of such subtitle is amended to

15 read as follows

‘‘75. Deceased Personnel ................................................................. 1471’’.

16 (3) The table of sections at the beginning chapter 445

17 of such title is amended by striking the item relating to

18 section 4711.

19 (4) The table of sections at the beginning chapter 945

20 of such title is amended by striking the item relating to

21 section 9711.
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1 SEC. 577. NONDISCLOSURE OF INFORMATION ON MISSING

2 PERSONS RETURNED TO UNITED STATES

3 CONTROL.

4 Section 1506 of title 10, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(f) NONDISCLOSURE OF CERTAIN INFORMATION.—

7 A record of the content of a debriefing of a missing person

8 returned to United States control during the period begin9 ning July 8, 1959, and ending February 10, 1996, that

10 was conducted by an official of the United States author11 ized to conduct the debriefing is privileged information

12 and, notwithstanding sections 552 and 552a of title 5,

13 may not be disclosed, in whole or in part, under either

14 such section.’’.

15 SEC. 578. USE OF RECRUITING MATERIALS FOR PUBLIC

16 RELATIONS PURPOSES.

17 (a) AUTHORITY.—Subchapter I of chapter 134 of

18 title 10, United States Code, is amended by adding at the

19 end the following:

20 ‘‘§ 2249c. Use of recruiting materials for public rela21 tions

22 ‘‘Advertising materials developed for use for recruit23 ment and retention of personnel for the armed forces may

24 be used for public relations purposes of the Department

25 of Defense under such conditions and subject to such re26 strictions as the Secretary of Defense shall prescribe.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such subchapter is amended by adding

3 at the end the following:

‘‘2249c. Use of recruiting materials for public relations.’’.

4 SEC. 579. IMPROVEMENT AND TRANSFER OF JURISDIC5 TION OF TROOPS-TO-TEACHERS PROGRAM.

6 (a) RECODIFICATION, IMPROVEMENT, AND TRANS7 FER OF PROGRAM.—(1) Section 1151 of title 10, United

8 States Code, is amended to read as follows:

9 ‘‘§ 1151. Assistance to certain separated or retired

10 members to obtain certification and em11 ployment as teachers

12 ‘‘(a) PROGRAM AUTHORIZED.—The administering

13 Secretary may carry out a program—

14 ‘‘(1) to assist eligible members of the armed

15 forces after their discharge or release, or retirement,

16 from active duty to obtain certification or licensure

17 as elementary or secondary school teachers or as vo18 cational or technical teachers; and

19 ‘‘(2) to facilitate the employment of such mem20 bers by local educational agencies identified under

21 subsection (b)(1).

22 ‘‘(b) IDENTIFICATION OF LOCAL EDUCATIONAL

23 AGENCIES AND STATES.—(1)(A) In carrying out the pro24 gram, the administering Secretary shall periodically iden25 tify local educational agencies that—
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1 ‘‘(i) are receiving grants under title I of the El2 ementary and Secondary Education Act of 1965 (20

3 U.S.C. 6301 et seq.) as a result of having within

4 their jurisdictions concentrations of children from

5 low-income families; or

6 ‘‘(ii) are experiencing a shortage of qualified

7 teachers, in particular a shortage of science, mathe8 matics, special education, or vocational or technical

9 teachers.

10 ‘‘(B) The administering Secretary may identify local

11 educational agencies under subparagraph (A) through sur12 veys conducted for that purpose or by utilizing information

13 on local educational agencies that is available to the Sec14 retary of Education from other sources.

15 ‘‘(2) In carrying out the program, the administering

16 Secretary shall also conduct a survey of States to identify

17 those States that have alternative certification or licensure

18 requirements for teachers, including those States that

19 grant credit for service in the armed forces toward satis20 fying certification or licensure requirements for teachers.

21 ‘‘(c) ELIGIBLE MEMBERS.—(1) Subject to paragraph

22 (2), the following members shall be eligible for selection

23 to participate in the program:

24 ‘‘(A) Any member who—
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1 ‘‘(i) during the period beginning on Octo2 ber 1, 1990, and ending on September 30,

3 1999, was involuntarily discharged or released

4 from active duty for purposes of a reduction of

5 force after six or more years of continuous ac6 tive duty immediately before the discharge or

7 release; and

8 ‘‘(ii) satisfies such other criteria for eligi9 bility as the administering Secretary may pre10 scribe.

11 ‘‘(B) Any member—

12 ‘‘(i) who, on or after October 1, 1999—

13 ‘‘(I) is retired for length of service

14 with at least 20 years of active service

15 computed under section 3925, 3926, 8925,

16 or 8926 of this title or for purposes of

17 chapter 571 of this title; or

18 ‘‘(II) is retired under section 1201 or

19 1204 of this title;

20 ‘‘(ii) who—

21 ‘‘(I) in the case of a member applying

22 for assistance for placement as an elemen23 tary or secondary school teacher, has re24 ceived a baccalaureate or advanced degree
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1 from an accredited institution of higher

2 education; or

3 ‘‘(II) in the case of a member apply4 ing for assistance for placement as a voca5 tional or technical teacher—

6 ‘‘(aa) has received the equivalent

7 of one year of college from an accred8 ited institution of higher education

9 and has 10 or more years of military

10 experience in a vocational or technical

11 field; or

12 ‘‘(bb) otherwise meets the certifi13 cation or licensure requirements for a

14 vocational or technical teacher in the

15 State in which such member seeks as16 sistance for placement under the pro17 gram; and

18 ‘‘(iii) who satisfies any criteria prescribed

19 under subparagraph (A)(ii).

20 ‘‘(2) A member described in paragraph (1) shall be

21 eligible to participate in the program only if the member’s

22 last period of service in the armed forces was characterized

23 as honorable by the Secretary concerned.

24 ‘‘(d) INFORMATION REGARDING PROGRAM.—(1) The

25 administering Secretary shall provide information regard-
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1 ing the program, and make applications for the program

2 available, to members as part of preseparation counseling

3 provided under section 1142 of this title.

4 ‘‘(2) The information provided to members shall—

5 ‘‘(A) indicate the local educational agencies

6 identified under subsection (b)(1); and

7 ‘‘(B) identify those States surveyed under sub8 section (b)(2) that have alternative certification or

9 licensure requirements for teachers, including those

10 States that grant credit for service in the armed

11 forces toward satisfying such requirements.

12 ‘‘(e) SELECTION OF PARTICIPANTS.—(1)(A) Selec13 tion of members to participate in the program shall be

14 made on the basis of applications submitted to the admin15 istering Secretary on a timely basis. An application shall

16 be in such form and contain such information as that Sec17 retary may require.

18 ‘‘(B) An application shall be considered to be sub19 mitted on a timely basis if the application is submitted

20 as follows:

21 ‘‘(i) In the case of an applicant who is eligible

22 under subsection (c)(1)(A), not later than September

23 30, 2003.

24 ‘‘(ii) In the case of an applicant who is eligible

25 under subsection (c)(1)(B), not later than four years
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1 after the date of the retirement of the applicant

2 from active duty.

3 ‘‘(2) In selecting participants to receive assistance for

4 placement as elementary or secondary school teachers or

5 vocational or technical teachers, the administering Sec6 retary shall give priority to members who—

7 ‘‘(A) have educational or military experience in

8 science, mathematics, special education, or voca9 tional or technical subjects and agree to seek em10 ployment as science, mathematics, or special edu11 cation teachers in elementary or secondary schools

12 or in other schools under the jurisdiction of a local

13 educational agency; or

14 ‘‘(B) have educational or military experience in

15 another subject area identified by that Secretary, in

16 consultation with the National Governors Associa17 tion, as important for national educational objectives

18 and agree to seek employment in that subject area

19 in elementary or secondary schools.

20 ‘‘(3) The administering Secretary may not select a

21 member to participate in the program unless that Sec22 retary has sufficient appropriations for the program avail23 able at the time of the selection to satisfy the obligations

24 to be incurred by the United States under subsection (g)

25 with respect to that member.
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1 ‘‘(f) AGREEMENT.—A member selected to participate

2 in the program shall be required to enter into an agree3 ment with the administering Secretary in which the mem4 ber agrees—

5 ‘‘(1) to obtain, within such time as that Sec6 retary may require, certification or licensure as an

7 elementary or secondary school teacher or vocational

8 or technical teacher; and

9 ‘‘(2) to accept an offer of full-time employment

10 as an elementary or secondary school teacher or vo11 cational or technical teacher for not less than four

12 school years with a local educational agency identi13 fied under subparagraph (A) or (B) of subsection

14 (b)(1), to begin the school year after obtaining that

15 certification or licensure.

16 ‘‘(g) STIPEND AND BONUS FOR PARTICIPANTS.—

17 (1)(A) Subject to subparagraph (B), the administering

18 Secretary shall pay to each participant in the program a

19 stipend in an amount equal to $5,000.

20 ‘‘(B) The total number of stipends that may be paid

21 under this paragraph in any fiscal year may not exceed

22 3,000.

23 ‘‘(2)(A) Subject to subparagraph (B), the admin24 istering Secretary may, in lieu of paying a stipend under

25 paragraph (1), pay a bonus of $10,000 to each participant
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1 in the program who agrees under subsection (f) to accept

2 full-time employment as an elementary or secondary

3 school teacher or vocational or technical teacher for not

4 less than four years in a high need school.

5 ‘‘(B) The total number of bonuses that may be paid

6 under this paragraph in any fiscal year may not exceed

7 1,000.

8 ‘‘(C) In this paragraph, the term ‘high need school’

9 means an elementary school or secondary school that

10 meets one or more of the following criteria:

11 ‘‘(i) A drop out rate that exceeds the national

12 average school drop out rate.

13 ‘‘(ii) A large percentage of students (as deter14 mined by the Secretary of Education in consultation

15 with the National Assessment Governing Board) who

16 speak English as a second language.

17 ‘‘(iii) A large percentage of students (as so de18 termined) who are at risk of educational failure by

19 reason of limited proficiency in English, poverty,

20 race, geographic location, or economic cir21 cumstances.

22 ‘‘(iv) A population of students at least one-half

23 of which are from families with an income below the

24 poverty line (as that term is defined by the Office

25 of Management and Budget and revised annually in
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1 accordance with section 673(2) of the Community

2 Services Block Grant Act (42 U.S.C. 9902(2)) appli3 cable to a family of the size involved.

4 ‘‘(v) A large percentage of students (as so de5 termined) who qualify for assistance under part B of

6 the Individuals with Disabilities Education Act (20

7 U.S.C. 1411 et seq.).

8 ‘‘(vi) Any other criteria established by the ad9 ministering Secretary in consultation with the Na10 tional Assessment Governing Board.

11 ‘‘(3) Stipends and bonuses paid under this subsection

12 shall be taken into account in determining the eligibility

13 of the participant concerned for Federal student financial

14 assistance provided under title IV of the Higher Education

15 Act of 1965 (20 U.S.C. 1070 et seq.).

16 ‘‘(h) REIMBURSEMENT UNDER CERTAIN CIR17 CUMSTANCES.—(1) If a participant in the program fails

18 to obtain teacher certification or licensure or employment

19 as an elementary or secondary school teacher or vocational

20 or technical teacher as required under the agreement or

21 voluntarily leaves, or is terminated for cause, from the em22 ployment during the four years of required service, the

23 participant shall be required to reimburse the admin24 istering Secretary for any stipend paid to the participant

25 under subsection (g)(1) in an amount that bears the same
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1 ratio to the amount of the stipend as the unserved portion

2 of required service bears to the four years of required serv3 ice.

4 ‘‘(2) If a participant in the program who is paid a

5 bonus under subsection (g)(2) fails to obtain employment

6 for which the bonus was paid, or voluntarily leaves or is

7 terminated for cause from the employment during the four

8 years of required service, the participant shall be required

9 to reimburse the administering Secretary for the bonus in

10 an amount that bears the same ratio to the amount of

11 the bonus as the unserved portion of required service bears

12 to the four years of required service.

13 ‘‘(3)(A) The obligation to reimburse the admin14 istering Secretary under this subsection is, for all pur15 poses, a debt owing the United States.

16 ‘‘(B) A discharge in bankruptcy under title 11 shall

17 not release a participant from the obligation to reimburse

18 the administering Secretary under this subsection.

19 ‘‘(C) Any amount owed by a participant under para20 graph (1) or (2) shall bear interest at the rate equal to

21 the highest rate being paid by the United States on the

22 day on which the reimbursement is determined to be due

23 for securities having maturities of ninety days or less and

24 shall accrue from the day on which the participant is first

25 notified of the amount due.
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1 ‘‘(i) EXCEPTIONS TO REIMBURSEMENT PROVI2 SIONS.—(1) A participant in the program shall not be con3 sidered to be in violation of an agreement entered into

4 under subsection (f) during any period in which the

5 participant—

6 ‘‘(A) is pursuing a full-time course of study re7 lated to the field of teaching at an eligible institu8 tion;

9 ‘‘(B) is serving on active duty as a member of

10 the armed forces;

11 ‘‘(C) is temporarily totally disabled for a period

12 of time not to exceed three years as established by

13 sworn affidavit of a qualified physician;

14 ‘‘(D) is unable to secure employment for a pe15 riod not to exceed 12 months by reason of the care

16 required by a spouse who is disabled;

17 ‘‘(E) is seeking and unable to find full-time em18 ployment as a teacher in an elementary or secondary

19 school or as a vocational or technical teacher for a

20 single period not to exceed 27 months; or

21 ‘‘(F) satisfies the provisions of additional reim22 bursement exceptions that may be prescribed by the

23 administering Secretary.

24 ‘‘(2) A participant shall be excused from reimburse25 ment under subsection (h) if the participant becomes per-
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1 manently totally disabled as established by sworn affidavit

2 of a qualified physician. The administering Secretary may

3 also waive reimbursement in cases of extreme hardship to

4 the participant, as determined by that Secretary.

5 ‘‘(j) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

6 UNDER MONTGOMERY GI BILL.—The receipt by a partic7 ipant in the program of any assistance under the program

8 shall not reduce or otherwise affect the entitlement of the

9 participant to any benefits under chapter 30 of title 38

10 or chapter 1606 of this title.

11 ‘‘(k) DISCHARGE OF STATE ACTIVITIES THROUGH

12 CONSORTIA OF STATES.—The administering Secretary

13 may permit States participating in the program to carry

14 out activities authorized for such States under this section

15 through one or more consortia of such States.

16 ‘‘(l) ASSISTANCE TO STATES IN ACTIVITIES UNDER

17 PROGRAM.—(1) Subject to paragraph (2), the admin18 istering Secretary may make grants to States partici19 pating in the program, or to consortia of such States, in

20 order to permit such States or consortia of States to oper21 ate offices for purposes of recruiting eligible members for

22 participation in the program and facilitating the employ23 ment of participants in the program in schools in such

24 States or consortia of States.
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1 ‘‘(2) The total amount of grants under paragraph (1)

2 in any fiscal year may not exceed $4,000,000.

3 ‘‘(m) LIMITATION ON USE OF FUNDS FOR MANAGE4 MENT INFRASTRUCTURE.—The administering Secretary

5 may utilize not more than five percent of the funds avail6 able to carry out the program for a fiscal year for purposes

7 of establishing and maintaining the management infra8 structure necessary to support the program.

9 ‘‘(n) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘administering Secretary’, with

11 respect to the program authorized by this section,

12 means the following:

13 ‘‘(A) The Secretary of Defense with re14 spect to the armed forces (other than the Coast

15 Guard) for the period beginning on October 23,

16 1992, and ending on the date of the completion

17 of the transfer of responsibility for the program

18 to the Secretary of Education under section

19 579(c) of the National Defense Authorization

20 Act for Fiscal Year 2000.

21 ‘‘(B) The Secretary of Transportation with

22 respect to the Coast Guard for the period re23 ferred to in subparagraph (A).
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1 ‘‘(C) The Secretary of Education for any

2 period after the period referred to in subpara3 graph (A).

4 ‘‘(2) The term ‘State’ includes the District of

5 Columbia, American Samoa, the Federated States of

6 Micronesia, Guam, the Republic of the Marshall Is7 lands, the Commonwealth of the Northern Mariana

8 Islands, the Commonwealth of Puerto Rico, the Re9 public of Palau, and the United States Virgin Is10 lands.

11 ‘‘(3) The term ‘alternative certification or licen12 sure requirements’ means State or local teacher cer13 tification or licensure requirements that permit a

14 demonstrated competence in appropriate subject

15 areas gained in careers outside of education to be

16 substituted for traditional teacher training course

17 work.’’.

18 (2) The table of sections at the beginning of chapter

19 58 of such title is amended by striking the item relating

20 to section 1151 and inserting the following new item:

‘‘1151. Assistance to certain separated or retired members to obtain certification

and employment as teachers.’’.

21 (b) EFFECTIVE DATE.—The amendments made by

22 subsection (a) shall take effect on October 1, 1999.

23 (c) TRANSFER OF JURISDICTION OVER CURRENT

24 PROGRAM.—(1) The Secretary of Defense, Secretary of
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1 Transportation, and Secretary of Education shall provide

2 for the transfer to the Secretary of Education of any on3 going functions and responsibilities of the Secretary of De4 fense and the Secretary of Transportation with respect to

5 the program authorized by section 1151 of title 10, United

6 States Code, for the period beginning on October 23,

7 1992, and ending on September 30, 2001.

8 (2) The Secretaries shall complete the transfer under

9 paragraph (1) not later than October 1, 2001.

10 (3) After completion of the transfer, the Secretary

11 of Education shall discharge that Secretary’s functions

12 and responsibilities with respect to the program in con13 sultation with the Secretary of Defense and the Secretary

14 of Transportation with respect to the Coast Guard.

15 (d) REPORTS.—(1) Not later than March 31, 2002,

16 the Secretary of Education (in consultation with the Sec17 retary of Defense and the Secretary of Transportation)

18 and the Comptroller General shall each submit to Con19 gress a report on the effectiveness of the program author20 ized by section 1151 of title 10, United States Code (as

21 amended by subsection (a)), in the recruitment and reten22 tion of qualified personnel by local educational agencies

23 identified under subsection (b)(1) of such section 1151.

24 (2) The report under paragraph (1) shall include in25 formation on the following:
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1 (A) The number of participants in the program.

2 (B) The schools in which such participants are

3 employed.

4 (C) The grade levels at which such participants

5 teach.

6 (D) The subject matters taught by such partici7 pants.

8 (E) The effectiveness of the teaching of such

9 participants, as indicated by any relevant test scores

10 of the students of such participants.

11 (F) The extent of any academic improvement in

12 the schools in which such participants teach by rea13 son of their teaching.

14 (G) The rates of retention of such participants

15 by the local educational agencies employing such

16 participants.

17 (H) The effect of any stipends or bonuses

18 under subsection (g) of such section 1151 in enhanc19 ing participation in the program or in enhancing re20 cruitment or retention of participants in the pro21 gram by the local educational agencies employing

22 such participants.

23 (I) Such other matters as the Secretary of Edu24 cation or the Comptroller General, as the case may

25 be, considers appropriate.
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1 (3) The report of the Comptroller General under

2 paragraph (1) shall also include any recommendations of

3 the Comptroller General as to means of improving the pro4 gram, including means of enhancing the recruitment and

5 retention of participants in the program.

6 SEC. 580. SUPPORT FOR EXPANDED CHILD CARE SERV7 ICES AND YOUTH PROGRAM SERVICES FOR

8 DEPENDENTS.

9 (a) AUTHORITY.—(1) Subchapter II of chapter 88 of

10 title 10, United States Code, is amended—

11 (A) by redesignating section 1798 as section

12 1800; and

13 (B) by inserting after section 1797 the fol14 lowing:

15 ‘‘§ 1798. Child care services and youth program serv16 ices for dependents: financial assistance

17 for providers

18 ‘‘(a) AUTHORITY.—The Secretary of Defense may

19 provide financial assistance to an eligible civilian provider

20 of child care services or youth program services that fur21 nishes such services for members of the armed forces and

22 employees of the Federal Government if the Secretary de23 termines that providing the assistance—

24 ‘‘(1) is in the best interest of the Department

25 of Defense;
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1 ‘‘(2) enables supplementation or expansion of

2 furnishing of the services for military installations;

3 and

4 ‘‘(3) ensures that the eligible provider is able to

5 comply, and does comply, with the regulations, poli6 cies, and standards of the Department of Defense

7 that are applicable to the furnishing of such services.

8 ‘‘(b) ELIGIBLE PROVIDER.—A provider of child care

9 services or youth program services is eligible for financial

10 assistance under paragraph (1) if the provider—

11 ‘‘(1) is licensed to provide the services under

12 applicable State and local law;

13 ‘‘(2) has previously provided such services for

14 members of the armed forces or employees of the

15 Federal Government; and

16 ‘‘(3) either—

17 ‘‘(A) is a provider of otherwise federally

18 funded or sponsored child development services;

19 ‘‘(B) provides the services in a child devel20 opment center owned and operated by a private,

21 not-for-profit organization;

22 ‘‘(C) is a provider of family child care serv23 ices;
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1 ‘‘(D) conducts a before-school or after2 school child care program in a public school fa3 cility;

4 ‘‘(E) conducts an otherwise federally fund5 ed or federally sponsored school age child care

6 or youth services program;

7 ‘‘(F) conducts a school age child care or

8 youth services program that is owned and oper9 ated by a not-for-profit organization; or

10 ‘‘(G) is a provider of another category of

11 child care services or youth services determined

12 by the Secretary of Defense as appropriate for

13 meeting the needs of members of the armed

14 forces or employees of the Department of De15 fense.

16 ‘‘(c) FUNDING.—To provide financial assistance

17 under this subsection, the Secretary of Defense may use

18 any funds available for the Department of Defense.

19 ‘‘(d) BIENNIAL REPORT.—(1) Every two years the

20 Secretary of Defense shall submit to Congress a report

21 on the exercise of authority under this section. The report

22 shall include an evaluation of the effectiveness of the au23 thority for meeting the needs of members of the armed

24 forces or employees of the Department of Defense for child

25 care services and youth program services. The report may
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1 include any recommendations for legislation that the Sec2 retary considers appropriate to enhance the capability of

3 the Department of Defense to meet those needs.

4 ‘‘(2) A biennial report under this subsection may be

5 combined with the biennial report under section 1799(d)

6 of this title into one report for submission to Congress.

7 ‘‘§ 1799. Child care services and youth program serv8 ices for dependents: participation by chil9 dren and youth otherwise ineligible

10 ‘‘(a) AUTHORITY.—The Secretary may authorize par11 ticipation in child care or youth programs of the Depart12 ment of Defense, to the extent of the availability of space

13 and services, by children and youth under the age of 19

14 who are not dependents of members of the armed forces

15 or of employees of the Department of Defense and are

16 not otherwise eligible for participation in the programs.

17 ‘‘(b) LIMITATION.—Authorization of participation in

18 a program under subsection (a) shall be limited to situa19 tions in which the participation promotes the attainment

20 of the objectives set forth in subsection (c), as determined

21 by the Secretary.

22 ‘‘(c) OBJECTIVES.—The objectives for authorizing

23 participation in a program under subsection (a) are as fol24 lows:
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1 ‘‘(1) To support the integration of children and

2 youth of military families into civilian communities.

3 ‘‘(2) To make more efficient use of Department

4 of Defense facilities and resources.

5 ‘‘(3) To establish or support a partnership or

6 consortium arrangement with schools and other

7 youth services organizations serving children of the

8 armed forces.

9 ‘‘(d) BIENNIAL REPORT.—(1) Every two years the

10 Secretary of Defense shall submit to Congress a report

11 on the exercise of authority under this section. The report

12 shall include an evaluation of the effectiveness of the au13 thority for achieving the objectives set out under sub14 section (c). The report may include any recommendations

15 for legislation that the Secretary considers appropriate to

16 enhance the capability of the Department of Defense to

17 attain those objectives.

18 ‘‘(2) A biennial report under this subsection may be

19 combined with the biennial report under section 1798(d)

20 of this title into one report for submission to Congress.’’.

21 (2) The table of sections at the beginning of such sub22 chapter is amended by striking the item relating to section

23 1798 and inserting the following:

‘‘1798. Child care services and youth program services for dependents: financial

assistance for providers.’’.

‘‘1799. Child care services and youth program services for dependents: participation by children and youth otherwise ineligible.

‘‘1800. Definitions.’’.
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1 (b) FIRST BIENNIAL REPORTS.—The first biennial

2 reports under sections 1798(d) and 1799(d) of title 10,

3 United States Code (as added by subsection (a)), shall be

4 submitted not later than March 31, 2002, and shall cover

5 fiscal years 2000 and 2001.

6 SEC. 581. RESPONSES TO DOMESTIC VIOLENCE IN THE

7 ARMED FORCES.

8 (a) MILITARY-CIVILIAN TASK FORCE ON DOMESTIC

9 VIOLENCE.—(1) The Secretary of Defense shall establish

10 a Military-Civilian Task Force on Domestic Violence. The

11 Secretary shall appoint the members of the task force in

12 accordance with this section not later than six months

13 after the date of the enactment of this Act.

14 (2)(A) Not later than six months after the date on

15 which all members of the task force are appointed, the

16 task force shall submit to the Secretary of Defense rec17 ommendations on the matters set out under subsection

18 (b). The task force shall, thereafter, submit to the Sec19 retary of Defense from time to time any analyses and rec20 ommendations for policies regarding how the Armed

21 Forces can effectively respond, and improve responses, to

22 cases of domestic violence that the task force considers

23 appropriate.

24 (B) The task force shall submit to Congress an an25 nual report containing a detailed discussion of the achieve-
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1 ments in responses to domestic violence in the Armed

2 Forces, pending research on domestic violence, and any

3 recommendations for actions to improve the responses of

4 the Armed Forces to domestic violence in the Armed

5 Forces that the task force considers appropriate.

6 (C) The task force shall—

7 (i) meet in plenary session at least once annu8 ally; and

9 (ii) visit military installations overseas annually

10 and military installations within the United States

11 semiannually.

12 (3) The Secretary shall appoint the members of the

13 task force. The task force shall include the following:

14 (A) Representatives of Department of Defense

15 family advocacy programs.

16 (B) Medical personnel.

17 (C) Judge advocates.

18 (D) Military police or other law enforcement

19 personnel of the Armed Forces.

20 (E) Commanders.

21 (F) Personnel who plan, execute, and evaluate

22 training of the Armed Forces.

23 (G) Civilian personnel who are experts on do24 mestic violence, family advocates, providers of serv25 ices specifically for victims of domestic violence, and
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1 researchers in domestic violence including, but not

2 limited to, the following:

3 (i) At least two representatives from the

4 national domestic violence resource center and

5 the special issue resource centers referred to in

6 section 308 of the Family Violence Prevention

7 and Services Act (42 U.S.C. Sec. 10407).

8 (ii) At least two representatives from na9 tional domestic violence and sexual assault pol10 icy organizations.

11 (iii) At least two representatives from se12 lected States’ domestic violence and sexual as13 sault coalitions.

14 (iv) At least two local domestic violence

15 and sexual assault service providers in commu16 nities located near military installations.

17 (H) Civilian law enforcement personnel (ap18 pointed in consultation with the Attorney General).

19 (I) Representatives of the Department of Jus20 tice (appointed in consultation with the Attorney

21 General) from the following offices:

22 (i) The Office on Violence Against Women.

23 (ii) The Violence Against Women Grants

24 Office.
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1 (J) Representatives of the Department of

2 Health and Human Services (appointed in consulta3 tion with the Secretary of Health and Human Serv4 ices) from the Family Violence Prevention and Serv5 ices Office.

6 (4) The Secretary shall ensure that the task force in7 cludes the following:

8 (A) Representatives of the Office of the Sec9 retary of Defense.

10 (B) General and flag officers.

11 (C) Noncommissioned officers.

12 (D) Other enlisted personnel.

13 (5) The Secretary of Defense shall annually designate

14 to chair the task force one member of the task force from

15 among the members on a list of nominees submitted to

16 the Secretary for that purpose by the task force.

17 (6) Each member of the task force shall serve without

18 compensation (other than the compensation to which enti19 tled as a member of the Armed Forces or an officer or

20 employee of the United States, as the case may be), but

21 shall be allowed travel expenses, including per diem in lieu

22 of subsistence, at rates authorized for employees of agen23 cies under subchapter I of chapter 57 of title 5, United

24 States Code, while away from the member’s home or reg-
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1 ular places of business in the performance of services for

2 the task force.

3 (7) The Assistant Secretary of Defense for Force

4 Management Policy, under the direction of the Under Sec5 retary of Defense for Personnel and Readiness, shall pro6 vide oversight of the task force and shall provide the task

7 force with the personnel, facilities, and other administra8 tive support that is necessary for the performance of the

9 task force’s duties. The Assistant Secretary shall provide

10 for the Secretaries of the military department to provide

11 support described in paragraph (8)(B) for the task force

12 on a rotating basis.

13 (8) The Secretary of the military department con14 cerned shall—

15 (A) coordinate visits of the task force to mili16 tary installations; and

17 (B) as designated by the Assistant Secretary of

18 Defense and in coordination with Assistant Sec19 retary, provide administrative, logistical, and other

20 support for the meetings of the task force.

21 (9) The task force shall terminate three years after

22 the date on which all members of the task force are ap23 pointed.

24 (b) UNIFORM RESPONSES.—Not later than six

25 months after receiving the report of the task force under
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1 subsection (a)(2)(A), the Secretary of Defense shall, in

2 consultation with the task force, prescribe the following:

3 (1) Standard formats for memorandums of

4 agreement or understanding to be used by the Secre5 taries of the military departments for entering into

6 agreements with civilian law enforcement authorities

7 relating to acts of domestic violence involving mem8 bers of the Armed Forces.

9 (2) A requirement for a commanding officer of

10 a member of the Armed Forces ordered by a supe11 rior not to have contact with a person to give a writ12 ten copy of the order to each person protected by the

13 order within 24 hours after the issuance of the

14 order.

15 (3) Standard guidance on the factors for com16 manders to consider when determining appropriate

17 action for substantiated allegations of domestic vio18 lence by a person subject to that Code.

19 (4) A standard training program for all com20 manding officers in the Armed Forces, including a

21 standard curriculum, on the handling of domestic vi22 olence cases.

23 (c) REPORTING REQUIREMENTS.—(1) The Secretary

24 shall establish a central database of information on the
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1 cases of domestic violence involving members of the Armed

2 Forces.

3 (2) The Secretary shall require the administrator of

4 each family advocacy program of the Armed Forces to

5 maintain and report annually to the administrator of the

6 database established under paragraph (1), the information

7 received or developed under the program on the following

8 matters:

9 (A) Each domestic violence case reported to a

10 commander, any law enforcement authority of the

11 Armed Forces, or a family advocacy program of the

12 Department of Defense.

13 (B) The number of the cases that involve evi14 dence determined sufficient for supporting discipli15 nary action and, for each such case, a description of

16 the substantiated allegation and the action taken by

17 command authorities in the case.

18 (C) The number of the cases that involve evi19 dence determined insufficient for supporting discipli20 nary action and, for each such case, a description of

21 the allegation.

22 (3) The Secretary shall submit to Congress an annual

23 report on the data submitted to the central database es24 tablished under paragraph (1).
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1 SEC. 582. POSTHUMOUS ADVANCEMENT OF REAR ADMIRAL

2 (RETIRED) HUSBAND E. KIMMEL AND MAJOR

3 GENERAL (RETIRED) WALTER C. SHORT ON

4 RETIRED LISTS.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The late Rear Admiral (retired) Husband

8 E. Kimmel, formerly serving in the grade of admiral

9 as the Commander in Chief of the United States

10 Fleet and the Commander in Chief, United States

11 Pacific Fleet, had an excellent and unassailable

12 record throughout his career in the United States

13 Navy prior to the December 7, 1941 attack on Pearl

14 Harbor.

15 (2) The late Major General (retired) Walter C.

16 Short, formerly serving in the grade of lieutenant

17 general as the Commander of the United States

18 Army Hawaiian Department, had an excellent and

19 unassailable record throughout his career in the

20 United States Army prior to the December 7, 1941

21 attack on Pearl Harbor.

22 (3) Numerous investigations following the at23 tack on Pearl Harbor have documented that then

24 Admiral Kimmel and then Lieutenant General Short

25 were not provided necessary and critical intelligence

26 that was available, that foretold of war with Japan,
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1 that warned of imminent attack, and that would

2 have alerted them to prepare for the attack, includ3 ing such essential communiques as the Japanese

4 Pearl Harbor Bomb Plot message of September 24,

5 1941, and the message sent from the Imperial Japa6 nese Foreign Ministry to the Japanese Ambassador

7 in the United States from December 6–7, 1941,

8 known as the Fourteen-Part Message.

9 (4) On December 16, 1941, Admiral Kimmel

10 and Lieutenant General Short were relieved of their

11 commands and returned to their permanent ranks of

12 rear admiral and major general.

13 (5) Admiral William Harrison Standley, who

14 served as a member of the investigating commission

15 known as the Roberts Commission that accused Ad16 miral Kimmel and Lieutenant General Short of

17 ‘‘dereliction of duty’’ only six weeks after the attack

18 on Pearl Harbor, later disavowed the report main19 taining that ‘‘these two officers were martyred’’ and

20 ‘‘if they had been brought to trial, both would have

21 been cleared of the charge’’.

22 (6) On October 19, 1944, a Naval Court of

23 Inquiry—

24 (A) exonerated Admiral Kimmel on the

25 grounds that his military decisions and the dis-
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1 position of his forces at the time of the Decem2 ber 7, 1941 attack on Pearl Harbor were prop3 er ‘‘by virtue of the information that Admiral

4 Kimmel had at hand which indicated neither

5 the probability nor the imminence of an air at6 tack on Pearl Harbor’’;

7 (B) criticized the higher command for not

8 sharing with Admiral Kimmel ‘‘during the very

9 critical period of 26 November to 7 December

10 1941, important information . . . regarding the

11 Japanese situation’’; and

12 (C) concluded that the Japanese attack

13 and its outcome was attributable to no serious

14 fault on the part of anyone in the naval service.

15 (7) On June 15, 1944, an investigation con16 ducted by Admiral T. C. Hart at the direction of the

17 Secretary of the Navy produced evidence, subse18 quently confirmed, that essential intelligence con19 cerning Japanese intentions and war plans was

20 available in Washington but was not shared with Ad21 miral Kimmel.

22 (8) On October 20, 1944, the Army Pearl Har23 bor Board of Investigation determined that—

24 (A) Lieutenant General Short had not

25 been kept ‘‘fully advised of the growing tense-
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1 ness of the Japanese situation which indicated

2 an increasing necessity for better preparation

3 for war’’;

4 (B) detailed information and intelligence

5 about Japanese intentions and war plans were

6 available in ‘‘abundance’’, but were not shared

7 with Lieutenant General Short’s Hawaii com8 mand; and

9 (C) Lieutenant General Short was not pro10 vided ‘‘on the evening of December 6th and the

11 early morning of December 7th, the critical in12 formation indicating an almost immediate break

13 with Japan, though there was ample time to

14 have accomplished this’’.

15 (9) The reports by both the Naval Court of In16 quiry and the Army Pearl Harbor Board of Inves17 tigation were kept secret, and Rear Admiral (re18 tired) Kimmel and Major General (retired) Short

19 were denied their requests to defend themselves

20 through trial by court-martial.

21 (10) The joint committee of Congress that was

22 established to investigate the conduct of Admiral

23 Kimmel and Lieutenant General Short completed, on

24 May 31, 1946, a 1,075-page report which included
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1 the conclusions of the committee that the two offi2 cers had not been guilty of dereliction of duty.

3 (11) The Officer Personnel Act of 1947, in es4 tablishing a promotion system for the Navy and the

5 Army, provided a legal basis for the President to

6 honor any officer of the Armed Forces of the United

7 States who served his country as a senior com8 mander during World War II with a placement of

9 that officer, with the advice and consent of the Sen10 ate, on the retired list with the highest grade held

11 while on the active duty list.

12 (12) On April 27, 1954, the then Chief of

13 Naval Personnel, Admiral J. L. Holloway, Jr., rec14 ommended that Rear Admiral Kimmel be advanced

15 in rank in accordance with the provisions of the Of16 ficer Personnel Act of 1947.

17 (13) On November 13, 1991, a majority of the

18 members of the Board for the Correction of Military

19 Records of the Department of the Army found that

20 the late Major General (retired) Short ‘‘was unjustly

21 held responsible for the Pearl Harbor disaster’’ and

22 that ‘‘it would be equitable and just’’ to advance him

23 to the rank of lieutenant general on the retired list’’.

24 (14) In October 1994, the then Chief of Naval

25 Operations, Admiral Carlisle Trost, withdrew his
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1 1988 recommendation against the advancement of

2 Rear Admiral (retired) Kimmel (by then deceased)

3 and recommended that the case of Rear Admiral

4 Kimmel be reopened.

5 (15) Although the Dorn Report, a report on the

6 results of a Department of Defense study that was

7 issued on December 15, 1995, did not provide sup8 port for an advancement of the late Rear Admiral

9 (retired) Kimmel or the late Major General (retired)

10 Short in grade, it did set forth as a conclusion of the

11 study that ‘‘responsibility for the Pearl Harbor dis12 aster should not fall solely on the shoulders of Admi13 ral Kimmel and Lieutenant General Short, it should

14 be broadly shared’’.

15 (16) The Dorn Report found—

16 (A) that ‘‘Army and Navy officials in

17 Washington were privy to intercepted Japanese

18 diplomatic communications... which provided

19 crucial confirmation of the imminence of war’’;

20 (B) that ‘‘the evidence of the handling of

21 these messages in Washington reveals some in22 eptitude, some unwarranted assumptions and

23 misestimations, limited coordination, ambiguous

24 language, and lack of clarification and follow-up

25 at higher levels’’; and
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1 (C) that ‘‘together, these characteristics re2 sulted in failure . . . to appreciate fully and to

3 convey to the commanders in Hawaii the sense

4 of focus and urgency that these intercepts

5 should have engendered’’.

6 (17) On July 21, 1997, Vice Admiral David C.

7 Richardson (United States Navy, retired) responded

8 to the Dorn Report with his own study which con9 firmed findings of the Naval Court of Inquiry and

10 the Army Pearl Harbor Board of Investigation and

11 established, among other facts, that the war effort

12 in 1941 was undermined by a restrictive intelligence

13 distribution policy, and the degree to which the com14 manders of the United States forces in Hawaii were

15 not alerted about the impending attack on Hawaii

16 was directly attributable to the withholding of intel17 ligence from then Admiral Kimmel and Lieutenant

18 General Short.

19 (18) Rear Admiral (retired) Kimmel and Major

20 General (retired) Short are the only two officers eli21 gible for advancement under the Officer Personnel

22 Act of 1947 as senior World War II commanders

23 who were excluded from the list of retired officers

24 presented for advancement on the retired lists to

25 their highest wartime ranks under that Act.
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1 (19) This singular exclusion from advancement

2 of Rear Admiral (retired) Kimmel and Major Gen3 eral (retired) Short from the Navy retired list and

4 the Army retired list, respectively, serves only to

5 perpetuate the myth that the senior commanders in

6 Hawaii were derelict in their duty and responsible

7 for the success of the attack on Pearl Harbor, and

8 is a distinct and unacceptable expression of dishonor

9 toward two of the finest officers who have served in

10 the Armed Forces of the United States.

11 (20) Major General (retired) Walter Short died

12 on September 23, 1949, and Rear Admiral (retired)

13 Husband Kimmel died on May 14, 1968, without

14 having been accorded the honor of being returned to

15 their wartime ranks as were their fellow veterans of

16 World War II.

17 (21) The Veterans of Foreign Wars, the Pearl

18 Harbor Survivors Association, the Admiral Nimitz

19 Foundation, the Naval Academy Alumni Association,

20 the Retired Officers Association, the Pearl Harbor

21 Commemorative Committee, and other associations

22 and numerous retired military officers have called

23 for the rehabilitation of the reputations and honor of

24 the late Rear Admiral (retired) Kimmel and the late

25 Major General (retired) Short through their post-
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1 humous advancement on the retired lists to their

2 highest wartime grades.

3 (b) REQUEST FOR ADVANCEMENT ON RETIRED

4 LISTS.—(1) The President is requested—

5 (A) to advance the late Rear Admiral (retired)

6 Husband E. Kimmel to the grade of admiral on the

7 retired list of the Navy; and

8 (B) to advance the late Major General (retired)

9 Walter C. Short to the grade of lieutenant general

10 on the retired list of the Army.

11 (2) Any advancement in grade on a retired list re12 quested under paragraph (1) shall not increase or other13 wise modify the compensation or benefits from the United

14 States to which any person is now or may in the future

15 be entitled based upon the military service of the officer

16 advanced.

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that—

19 (1) the late Rear Admiral (retired) Husband E.

20 Kimmel performed his duties as Commander in

21 Chief, United States Pacific Fleet, competently and

22 professionally, and, therefore, the losses incurred by

23 the United States in the attacks on the naval base

24 at Pearl Harbor, Hawaii, and other targets on the

25 island of Oahu, Hawaii, on December 7, 1941, were
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1 not a result of dereliction in the performance of

2 those duties by the then Admiral Kimmel; and

3 (2) the late Major General (retired) Walter C.

4 Short performed his duties as Commanding General,

5 Hawaiian Department, competently and profes6 sionally, and, therefore, the losses incurred by the

7 United States in the attacks on Hickam Army Air

8 Field and Schofield Barracks, Hawaii, and other

9 targets on the island of Oahu, Hawaii, on December

10 7, 1941, were not a result of dereliction in the per11 formance of those duties by the then Lieutenant

12 General Short.

13 SEC. 583. EXIT SURVEY FOR SEPARATING MEMBERS.

14 (a) REQUIREMENT.—The Secretary of Defense shall

15 develop and carry out a survey on attitudes toward mili16 tary service to be completed by members of the Armed

17 Forces who voluntarily separate from the Armed Forces

18 or transfer from a regular component to a reserve compo19 nent during the period beginning on January 1, 2000, and

20 ending on June 30, 2000, or such later date as the Sec21 retary determines necessary in order to obtain enough sur22 vey responses to provide a sufficient basis for meaningful

23 analysis of survey results. Completion of the survey shall

24 be required of such personnel as part of outprocessing ac25 tivities. The Secretary of each military department shall
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1 suspend exit surveys and interviews of that department

2 during the period described in the first sentence.

3 (b) SURVEY CONTENT.—The survey shall, at a min4 imum, cover the following subjects:

5 (1) Reasons for leaving military service.

6 (2) Plans for activities after separation (such as

7 enrollment in school, use of Montgomery GI Bill

8 benefits, and work).

9 (3) Affiliation with a Reserve component, to10 gether with the reasons for affiliating or not

11 affiliating, as the case may be.

12 (4) Attitude toward pay and benefits for service

13 in the Armed Forces.

14 (5) Extent of job satisfaction during service as

15 a member of the Armed Forces.

16 (6) Such other matters as the Secretary deter17 mines appropriate to the survey concerning reasons

18 for choosing to separate from the Armed Forces.

19 (c) REPORT.—Not later than February 1, 2001, the

20 Secretary shall submit to Congress a report containing the

21 results of the surveys. The report shall include an analysis

22 of the reasons why military personnel voluntarily separate

23 from the Armed Forces and the post-separation plans of

24 those personnel. The Secretary shall utilize the report’s
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1 findings in crafting future responses to declining retention

2 and recruitment.

3 SEC. 584. ADMINISTRATION OF DEFENSE REFORM INITIA4 TIVE ENTERPRISE PROGRAM FOR MILITARY

5 MANPOWER AND PERSONNEL INFORMATION.

6 (a) EXECUTIVE AGENT.—The Secretary of Defense

7 shall designate the Secretary of the Navy as the executive

8 agent for carrying out the defense reform initiative enter9 prise pilot program for military manpower and personnel

10 information established under section 8147 of the Depart11 ment of Defense Appropriations Act, 1999 (Public Law

12 105–262; 112 Stat. 2341; 10 U.S.C. 113 note).

13 (b) ACTION OFFICIALS.—In carrying out the pilot

14 program, the Secretary of the Navy shall act through the

15 head of the Systems Executive Office for Manpower and

16 Personnel, who shall act in coordination with the Under

17 Secretary of Defense for Personnel and Readiness and the

18 Chief Information Officer of the Department of Defense.

19 TITLE VI—COMPENSATION AND

20 OTHER PERSONNEL BENEFITS

21 Subtitle A—Pay and Allowances

22 SEC. 601. FISCAL YEAR 2000 INCREASE AND RESTRUC23 TURING OF BASIC PAY.

24 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

25 adjustment required by section 1009 of title 37, United
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1 States Code, in the rates of monthly basic pay authorized

2 members of the uniformed services by section 203(a) of

3 such title to become effective during fiscal year 2000 shall

4 not be made.

5 (b) JANUARY 1, 2000, INCREASE IN BASIC PAY.—

6 Effective on January 1, 2000, the rates of monthly basic

7 pay for members of the uniformed services shall be in8 creased by 4.8 percent.

9 (c) BASIC PAY REFORM.—Effective on July 1, 2000,

10 the rates of monthly basic pay for members of the uni11 formed services within each pay grade are as follows:

COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 ... 0.00 0.00 0.00 0.00 0.00

O–8 ... 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80

O–7 ... 5,479.50 5,851.80 5,851.50 5,894.40 6,114.60

O–6 ... 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40

O–5 ... 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80

O–4 ... 2,737.80 3,333.90 3,556.20 3,606.04 3,812.40

O–3 3 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90

O–2 3 2,218.80 2,527.20 2,910.90 3,000.00 3,071.10

O–1 3 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 ... 0.00 0.00 0.00 0.00 0.00

O–8 ... 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10

O–7 ... 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50

O–6 ... 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20

O–5 ... 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00

O–4 ... 3,980.40 4,251.50 4,464.00 4,611.00 4,758.90

O–3 3 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10

O–2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10

O–1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 $0.00 $10,655.10 $10,707.60 $10,930.20 $11,318.40

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
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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–4 ... 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70

O–3 3 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10

O–2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10

O–1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10

1 Basic pay for these officers is limited to the rate of basic pay for level V of the Executive

Schedule. 2 While serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the

Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine

Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be

$12,441.00, regardless of cumulative years of service computed under section 205 of title 37,

United States Code. Nevertheless, basic pay for these officers is limited to the rate of basic pay for

level V of the Executive Schedule. 3 Does not apply to commissioned officers who have been credited with over 4 years of active

duty service as an enlisted member or warrant officer.

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE

AS AN ENLISTED MEMBER OR WARRANT OFFICER

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E $0.00 $0.00 $0.00 $3,364.80 $3,525.90

O–2E 0.00 0.00 0.00 3,009.00 3,071.10

O–1E 0.00 0.00 0.00 2,423.10 2,588.40

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80

O–2E 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20

O–1E 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00

Over 18 Over 20 Over 22 Over 24 Over 26

O–3E $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90

O–2E 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20

O–1E 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00

WARRANT OFFICERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 .. $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .. 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40

W–3 .. 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30

W–2 .. 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10

W–1 .. 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 .. $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .. 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60

W–3 .. 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20

W–2 .. 2,555.40 2,852.60 2,749.80 2,844.30 2,949.00

W–1 .. 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 .. $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40

W–4 .. 3,888.00 4,019.00 4,155.60 4,289.70 4,427.10

W–3 .. 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90
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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–2 .. 3,058.40 3,163.80 3,270.90 3,378.30 3,378.30

W–1 .. 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90

ENLISTED MEMBERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 4 $0.00 $0.00 $0.00 $0.00 $0.00

E–8 ... 0.00 0.00 0.00 0.00 0.00

E–7 ... 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70

E–6 ... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30

E–5 ... 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50

E–4 ... 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90

E–3 ... 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90

E–2 ... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40

E–1 ... 5 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 4 $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50

E–8 ... 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10

E–7 ... 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00

E–6 ... 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60

E–5 ... 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20

E–4 ... 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90

E–3 ... 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90

E–2 ... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40

E–1 ... 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 4 $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.80

E–8 ... 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60

E–7 ... 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40

E–6 ... 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70

E–5 ... 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20

E–4 ... 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90

E–3 ... 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90

E–2 ... 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40

E–1 ... 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

4 While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief

Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $4,701.00, regardless of cumulative years of

service computed under section 205 of title 37, United States Code. 5 In the case of members in the grade E–1 who have served less than 4 months on active duty,

basic pay is $930.30.

1 SEC. 602. PAY INCREASES FOR FISCAL YEARS 2001

2 THROUGH 2006.

3 (a) ECI+0.5 PERCENT INCREASE FOR ALL MEM4 BERS.—Section 1009(c) of title 37, United States Code,

5 is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(c) EQUAL PER2 CENTAGE INCREASE FOR ALL MEMBERS.—’’; and

3 (2) by adding at the end the following:

4 ‘‘(2) Notwithstanding paragraph (1), but subject to

5 subsection (d), an adjustment taking effect under this sec6 tion during each of fiscal years 2001 through 2006 shall

7 provide all eligible members with an increase in the month8 ly basic pay by the percentage equal to the sum of one

9 percent plus the percentage calculated as provided under

10 section 5303(a) of title 5 for such fiscal year (without re11 gard to whether rates of pay under the statutory pay sys12 tems are actually increased during such fiscal year under

13 that section by the percentage so calculated).’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall take effect on October 1, 2000.

16 SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE FOR FOOD

17 STAMP ELIGIBLE MEMBERS.

18 (a) ALLOWANCE.—(1) Chapter 7 of title 37, United

19 States Code, is amended by inserting after section 402 the

20 following new section:

21 ‘‘§ 402a. Special subsistence allowance: members eli22 gible for food stamps

23 ‘‘(a) ENTITLEMENT.—Upon the application of an eli24 gible member of a uniformed service described in sub25 section (b)(1), the Secretary concerned shall pay the mem-
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1 ber a special subsistence allowance for each month for

2 which the member is eligible to receive food stamp assist3 ance, as determined by the Secretary.

4 ‘‘(b) COVERED MEMBERS.—(1) A member referred

5 to subsection (a) is an enlisted member in pay grade E–

6 5 or below.

7 ‘‘(2) For the purposes of this section, a member shall

8 be considered as being eligible to receive food stamp assist9 ance if the household of the member meets the income

10 standards of eligibility established under section 5(c)(2)

11 of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(2)),

12 not taking into account the special subsistence allowance

13 that may be payable to the member under this section and

14 any allowance that is payable to the member under section

15 403 or 404a of this title.

16 ‘‘(c) TERMINATION OF ENTITLEMENT.—The entitle17 ment of a member to receive payment of a special subsist18 ence allowance terminates upon the occurrence of any of

19 the following events:

20 ‘‘(1) Termination of eligibility for food stamp

21 assistance.

22 ‘‘(2) Payment of the special subsistence allow23 ance for 12 consecutive months.

24 ‘‘(3) Promotion of the member to a higher

25 grade.
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1 ‘‘(4) Transfer of the member in a permanent

2 change of station.

3 ‘‘(d) REESTABLISHED ENTITLEMENT.—(1) After a

4 termination of a member’s entitlement to the special sub5 sistence allowance under subsection (c), the Secretary con6 cerned shall resume payment of the special subsistence al7 lowance to the member if the Secretary determines, upon

8 further application of the member, that the member is eli9 gible to receive food stamps.

10 ‘‘(2) Payments resumed under this subsection shall

11 terminate under subsection (c) upon the occurrence of an

12 event described in that subsection after the resumption of

13 the payments.

14 ‘‘(3) The number of times that payments are resumed

15 under this subsection is unlimited.

16 ‘‘(e) DOCUMENTATION OF ELIGIBILITY.—A member

17 of the uniformed services applying for the special subsist18 ence allowance under this section shall furnish the Sec19 retary concerned with such evidence of the member’s eligi20 bility for food stamp assistance as the Secretary may re21 quire in connection with the application.

22 ‘‘(f) AMOUNT OF ALLOWANCE.—The monthly

23 amount of the special subsistence allowance under this

24 section is $180.
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1 ‘‘(g) RELATIONSHIP TO BASIC ALLOWANCE FOR

2 SUBSISTENCE.—The special subsistence allowance under

3 this section is in addition to the basic allowance for sub4 sistence under section 402 of this title.

5 ‘‘(h) FOOD STAMP ASSISTANCE DEFINED.—In this

6 section, the term ‘food stamp assistance’ means assistance

7 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et

8 seq.).

9 ‘‘(i) TERMINATION OF AUTHORITY.—No special sub10 sistence allowance may be made under this section for any

11 month beginning after September 30, 2004.’’.

12 (2) The table of sections at the beginning of such

13 chapter is amended by inserting after the item relating

14 to section 402 the following:

‘‘402a. Special subsistence allowance: members eligible for food stamps.’’.

15 (b) EFFECTIVE DATE.—Section 402a of title 37,

16 United States Code, shall take effect on the first day of

17 the first month that begins not less than 180 days after

18 the date of the enactment of this Act.

19 (c) ANNUAL REPORT.—(1) Not later than March 1

20 of each year after 1999, the Secretary of Defense shall

21 submit to Congress a report setting forth the number of

22 members of the uniformed services who are eligible for as23 sistance under the Food Stamp Act of 1977 (7 U.S.C.

24 2011 et seq.).
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1 (2) In preparing the report, the Secretary shall con2 sult with the Secretary of Transportation (with respect to

3 the Coast Guard), who shall provide the Secretary of De4 fense with any information that the Secretary determines

5 necessary to prepare the report.

6 (3) No report is required under this section after

7 March 1, 2004.

8 SEC. 604. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION

9 WITH A REENLISTMENT.

10 Section 501 of title 37, United States Code, is

11 amended—

12 (1) in subsection (a)(1), by inserting ‘‘, termi13 nation of an enlistment in conjunction with the com14 mencement of a successive enlistment (without re15 gard to the date of the expiration of the term of the

16 enlistment being terminated),’’ after ‘‘honorable con17 ditions’’; and

18 (2) in subsection (b)(2), by striking ‘‘, or enter19 ing into an enlistment,’’.

20 SEC. 605. CONTINUANCE OF PAY AND ALLOWANCES WHILE

21 IN DUTY STATUS (WHEREABOUTS UNKNOWN).

22 (a) CONTINUANCE OF PAY AND ALLOWANCES.—(1)

23 Chapter 10 of title 37, United States Code, is amended

24 by inserting after section 552 the following:
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1 ‘‘§ 552a. Pay and allowances: continuation while in a

2 duty status (whereabouts unknown); limi3 tations

4 ‘‘For any period that a member of a uniformed serv5 ice on active duty or performing inactive-duty training is

6 in a duty status (whereabouts unknown), section 552 of

7 this title, except for subsections (d) and (e), shall apply

8 to the member as if the member were in a missing status

9 for that period.’’.

10 (2) The table of sections at the beginning of chapter

11 10 of such title is amended by inserting after the item

12 relating to section 552 the following:

‘‘552a. Pay and allowances: continuation while in a duty status (whereabouts

unknown); limitations.’’.

13 (b) DEFINITION OF DUTY STATUS (WHEREABOUTS

14 UNKNOWN).—Section 551 of such title is amended—

15 (1) by redesignating paragraph (3) as para16 graph (4); and

17 (2) by inserting after paragraph (2) the fol18 lowing new paragraph (3):

19 ‘‘(3) The term ‘duty status (whereabouts un20 known)’ means a transitory casualty status des21 ignated for a member of uniformed service by a com22 mander responsible for accounting for the member

23 when the commander suspects that the member is a

24 casualty whose absence is involuntary and does not
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1 consider the available relevant evidence sufficient for

2 making a definite determination that the member is

3 missing, has deserted, is absent without leave, or is

4 dead.’’.

5 SEC. 606. EQUITABLE TREATMENT OF CLASS OF 1987 OF

6 THE UNIFORMED SERVICES UNIVERSITY OF

7 THE HEALTH SCIENCES.

8 (a) YEARS OF SERVICE CREDIT.—An officer of the

9 uniformed services who entered the Uniformed Services

10 University of the Health Sciences as a student in 1983

11 and who successfully completed the course of instruction

12 at the University in 1987 shall be treated for purposes

13 of determining pay and years of service in the same man14 ner as a student at the University who graduated in 1986,

15 notwithstanding the enactment of the Defense Officer Per16 sonnel Management Act (Public Law 96–513; 94 Stat.

17 2835).

18 (b) PROSPECTIVE APPLICABILITY.—This section

19 shall take effect on October 1, 1999. No entitlement to

20 increased pay or allowances accrues for periods before

21 such date, and no eligibility accrues for consideration for

22 selection for promotions by boards convened before such

23 date.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. ONE-YEAR EXTENSION OF AUTHORITIES RELAT4 ING TO PAYMENT OF CERTAIN BONUSES AND

5 SPECIAL PAYS.

6 (a) AVIATION OFFICER RETENTION BONUS.—Sec7 tion 301b(a) of title 37, United States Code, is amended

8 by striking ‘‘December 31, 1999,’’ and inserting ‘‘Decem9 ber 31, 2000,’’.

10 (b) REENLISTMENT BONUS FOR ACTIVE MEM11 BERS.—Section 308(g) of title 37, United States Code, is

12 amended by striking ‘‘December 31, 1999’’ and inserting

13 ‘‘December 31, 2000’’.

14 (c) ENLISTMENT BONUSES FOR MEMBERS WITH

15 CRITICAL SKILLS.—Sections 308a(c) and 308f(c) of title

16 37, United States Code, are each amended by striking

17 ‘‘December 31, 1999’’ and inserting ‘‘December 31,

18 2000’’.

19 (d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI20 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

21 312(e) of title 37, United States Code, is amended by

22 striking ‘‘December 31, 1999’’ and inserting ‘‘December

23 31, 2000’’.

24 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

25 312b(c) of title 37, United States Code, is amended by
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1 striking ‘‘December 31, 1999’’ and inserting ‘‘December

2 31, 2000’’.

3 (f) NUCLEAR CAREER ANNUAL INCENTIVE

4 BONUS.—Section 312c(d) of title 37, United States Code,

5 is amended by striking ‘‘any fiscal year beginning before

6 October 1, 1998, and the 15-month period beginning on

7 that date and ending on December 31, 1999’’ and insert8 ing ‘‘the 15-month period beginning on October 1, 1998,

9 and ending on December 31, 1999, and any year begin10 ning after December 31, 1999, and ending before January

11 1, 2001’’.

12 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES

13 AND SPECIAL PAY AUTHORITIES FOR RE14 SERVE FORCES.

15 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

16 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

17 302g(f) of title 37, United States Code, is amended by

18 striking ‘‘December 31, 1999’’ and inserting ‘‘December

19 31, 2000’’.

20 (b) SELECTED RESERVE REENLISTMENT BONUS.—

21 Section 308b(f) of title 37, United States Code, is amend22 ed by striking ‘‘December 31, 1999’’ and inserting ‘‘De23 cember 31, 2000’’.

24 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec25 tion 308c(e) of title 37, United States Code, is amended
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1 by striking ‘‘December 31, 1999’’ and inserting ‘‘Decem2 ber 31, 2000’’.

3 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS4 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

5 308d(c) of title 37, United States Code, is amended by

6 striking ‘‘December 31, 1999’’ and inserting ‘‘December

7 31, 2000’’.

8 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec9 tion 308e(e) of title 37, United States Code, is amended

10 by striking ‘‘December 31, 1999’’ and inserting ‘‘Decem11 ber 31, 2000’’.

12 (f) READY RESERVE ENLISTMENT AND REENLIST13 MENT BONUS.—Section 308h(g) of title 37, United States

14 Code, is amended by striking ‘‘December 31, 1999’’ and

15 inserting ‘‘December 31, 2000’’.

16 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

17 308i(f) of title 37, United States Code, is amended by

18 striking ‘‘December 31, 1999’’ and inserting ‘‘December

19 31, 2000’’.

20 (h) REPAYMENT OF EDUCATION LOANS FOR CER21 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE22 LECTED RESERVE.—Section 16302(d) of title 10, United

23 States Code, is amended by striking ‘‘January 1, 2000’’

24 and inserting in lieu thereof ‘‘January 1, 2001’’.
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1 SEC. 613. ONE-YEAR EXTENSION OF CERTAIN BONUSES

2 AND SPECIAL PAY AUTHORITIES FOR NURSE

3 OFFICER CANDIDATES, REGISTERED NURSES,

4 AND NURSE ANESTHETISTS.

5 (a) NURSE OFFICER CANDIDATE ACCESSION PRO6 GRAM.—Section 2130a(a)(1) of title 10, United States

7 Code, is amended by striking ‘‘December 31, 1999’’ and

8 inserting ‘‘December 31, 2000’’.

9 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

10 Section 302d(a)(1) of title 37, United States Code, is

11 amended by striking ‘‘December 31, 1999’’ and inserting

12 ‘‘December 31, 2000’’.

13 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES14 THETISTS.—Section 302e(a)(1) of title 37, United States

15 Code, is amended by striking ‘‘December 31, 1999’’ and

16 inserting in lieu thereof ‘‘December 31, 2000’’.

17 SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY

18 FOR AIR BATTLE MANAGERS FORMERLY ELI19 GIBLE FOR HAZARDOUS DUTY PAY.

20 (a) SAVE PAY PROVISION.—Section 301a(b) of title

21 37, United States Code, is amended by adding at the end

22 the following:

23 ‘‘(4) The amount of the monthly incentive pay pay24 able under this section to an air battle manager who was

25 receiving incentive pay under section 301(c)(2)(A) of this
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1 title immediately before becoming eligible for incentive pay

2 under this section shall be the higher of—

3 ‘‘(A) the monthly rate of incentive pay that the

4 member was receiving under section 301(c)(2)(A) of

5 this title; or

6 ‘‘(B) the rate applicable to the member under

7 paragraph (1), (2), or (3).’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall take effect on October 1, 1999, and

10 shall apply with respect to months beginning on or after

11 that date.

12 SEC. 615. AVIATION CAREER OFFICER SPECIAL PAY.

13 (a) PERIOD OF AUTHORITY.—Subsection (a) of sec14 tion 301b of title 37, United States Code, is amended—

15 (1) by inserting ‘‘(1)’’ after ‘‘AUTHORIZED.—’’;

16 (2) by striking ‘‘during the period beginning on

17 January 1, 1989, and ending on December 31,

18 1999,’’ and inserting ‘‘during the period described in

19 paragraph (2),’’; and

20 (3) adding at the end the following:

21 ‘‘(2) Paragraph (1) applies with respect to agree22 ments executed during the period beginning on the first

23 day of the first month that begins on or after the date

24 of the enactment of the National Defense Authorization
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1 Act for Fiscal Year 2000 and ending on December 31,

2 2004.’’.

3 (b) REPEAL OF LIMITATION TO CERTAIN YEARS OF

4 CAREER AVIATION SERVICE.—Subsection (b) of such sec5 tion is amended—

6 (1) by striking paragraph (5);

7 (2) by inserting ‘‘and’’ at the end of paragraph

8 (4); and

9 (3) by redesignating paragraph (6) as para10 graph (5).

11 (c) REPEAL OF LOWER ALTERNATIVE AMOUNT FOR

12 AGREEMENT TO SERVE FOR 3 OR FEWER YEARS.—Sub13 section (c) of such section is amended by striking

14 ‘‘than—’’ and all that follows and inserting ‘‘than

15 $25,000 for each year covered by the written agreement

16 to remain on active duty.’’.

17 (d) PRORATION AUTHORITY FOR COVERAGE OF IN18 CREASED PERIOD OF ELIGIBILITY.—Subsection (d) of

19 such section is amended by striking ‘‘14 years of commis20 sioned service’’ and inserting ‘‘25 years of aviation serv21 ice’’.

22 (e) TERMINOLOGY.—Such section is further

23 amended—

24 (1) in subsection (f), by striking ‘‘A retention

25 bonus’’ and inserting ‘‘Any amount’’; and
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1 (2) in subsection (i)(1), by striking ‘‘retention

2 bonuses’’ in the first sentence and inserting ‘‘special

3 pay under this section’’.

4 (f) REPEAL OF CONTENT REQUIREMENTS FOR AN5 NUAL REPORT.—Subsection (i)(1) of such section is fur6 ther amended by striking the second sentence.

7 (g) TECHNICAL AMENDMENT.—Subsection (g)(3) of

8 such section if amended by striking the second sentence.

9 (h) EFFECTIVE DATE.—This section and the amend10 ments made by this section shall take effect on the first

11 day of the first month that begins on or after the date

12 of the enactment of this Act.

13 SEC. 616. CAREER ENLISTED FLYER INCENTIVE PAY.

14 (a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of

15 title 37, United States Code, is amended by inserting after

16 section 301e the following new section 301f:

17 ‘‘§ 301f. Incentive pay: career enlisted flyers

18 ‘‘(a) PAY AUTHORIZED.—An enlisted member de19 scribed in subsection (b) may be paid career enlisted flyer

20 incentive pay as provided in this section.

21 ‘‘(b) ELIGIBLE MEMBERS.—An enlisted member re22 ferred to in subsection (a) is an enlisted member of the

23 armed forces who—
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1 ‘‘(1) is entitled to basic pay under section 204

2 of this title or is entitled to compensation under

3 paragraph (1) or (2) of section 206(a) of this title;

4 ‘‘(2) holds a military occupational specialty or

5 military rating designated as a career enlisted flyer

6 specialty or rating by the Secretary concerned in

7 regulations prescribed under subsection (f) and con8 tinues to be proficient in the skills required for that

9 specialty or rating, or is in training leading to the

10 award of such a specialty or rating; and

11 ‘‘(3) is qualified for aviation service.

12 ‘‘(c) MONTHLY PAYMENT.—(1) Career enlisted flyer

13 incentive pay may be paid a member referred to in sub14 section (b) for each month in which the member performs

15 aviation service that involves frequent and regular per16 formance of operational flying duty by the member.

17 ‘‘(2)(A) Career enlisted flyer incentive pay may be

18 paid a member referred to in subsection (b) for each

19 month in which the member performs service, without re20 gard to whether or the extent to which the member per21 forms operational flying duty during the month, as fol22 lows:

23 ‘‘(i) In the case of a member who has per24 formed at least 6, and not more than 15, years of

25 aviation service, the member may be so paid after
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1 the member has frequently and regularly performed

2 operational flying duty in each of 72 months if the

3 member so performed in at least that number of

4 months before completing the member’s first 10

5 years of performance of aviation service.

6 ‘‘(ii) In the case of a member who has per7 formed more than 15, and not more than 20, years

8 of aviation service, the member may be so paid after

9 the member has frequently and regularly performed

10 operational flying duty in each of 108 months if the

11 member so performed in at least that number of

12 months before completing the member’s first 15

13 years of performance of aviation service.

14 ‘‘(iii) In the case of a member who has per15 formed more than 20, and not more than 25, years

16 of aviation service, the member may be so paid after

17 the member has frequently and regularly performed

18 operational flying duty in each of 168 months if the

19 member so performed in at least that number of

20 months before completing the member’s first 20

21 years of performance of aviation service.

22 ‘‘(B) The Secretary concerned, or a designee of the

23 Secretary concerned not below the level of personnel chief

24 of the armed force concerned, may reduce the minimum

25 number of months of frequent and regular performance
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1 of operational flying duty applicable in the case of a par2 ticular member under—

3 ‘‘(i) subparagraph (A)(i) to 60 months;

4 ‘‘(ii) subparagraph (A)(ii) to 96 months; or

5 ‘‘(iii) subparagraph (A)(iii) to 144 months.

6 ‘‘(C) A member may not be paid career enlisted flyer

7 incentive pay in the manner provided under subparagraph

8 (A) after the member has completed 25 years of aviation

9 service.

10 ‘‘(d) MONTHLY RATES.—(1) The monthly rate of any

11 career enlisted flyer incentive pay paid under this section

12 to a member on active duty shall be prescribed by the Sec13 retary 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.

14 ‘‘(2) The monthly rate of any career enlisted flyer in15 centive pay paid under this section to a member of a re16 serve component for each period of inactive-duty training

17 during which aviation service is performed shall be equal

to 1 18 ⁄30 of the monthly rate of career enlisted flyer incentive

19 pay provided under paragraph (1) for a member on active

20 duty with the same number of years of aviation service.

21 ‘‘(e) NONAPPLICABILITY TO MEMBERS RECEIVING

22 HAZARDOUS DUTY INCENTIVE PAY OR SPECIAL PAY FOR

23 DIVING DUTY.—A member receiving incentive pay under
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1 section 301(a) of this title or special pay under section

2 304 of this title may not be paid special pay under this

3 section for the same period of service.

4 ‘‘(f) REGULATIONS.—The Secretary concerned shall

5 prescribe regulations for the administration of this section.

6 The regulations shall include the following:

7 ‘‘(1) Definitions of the terms ‘aviation service’

8 and ‘frequently and regularly performed operational

9 flying duty’ for purposes of this section.

10 ‘‘(2) The military occupational specialties or

11 military rating, as the case may be, that are des12 ignated as career enlisted flyer specialties or ratings,

13 respectively, for purposes of this section.

14 ‘‘(g) DEFINITION.—In this section, the term ‘oper15 ational flying duty’ means—

16 ‘‘(1) flying performed under competent orders

17 while serving in assignments in which basic flying

18 skills normally are maintained in the performance of

19 assigned duties as determined by the Secretary con20 cerned; and

21 ‘‘(2) flying performed by members in training

22 that leads to the award of a military occupational

23 specialty or rating referred to in subsection (b)(2).’’.

24 (2) The table of sections at the beginning of chapter

25 5 of title 37, United States Code, is amended by inserting
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1 after the item relating to section 301e the following new

2 item:

‘‘301f. Incentive pay; career enlisted flyers.’’.

3 (b) EFFECTIVE DATE.—The amendments made by

4 subsection (a) shall take effect on October 1, 1999.

5 (c) SAVE PAY PROVISION.—In the case of an enlisted

6 member of a uniformed service who is a designated career

7 enlisted flyer entitled to receive hazardous duty incentive

8 pay under section 301(b) or 301(c)(2)(A) of title 37,

9 United States Code, as of October 1, 1999, the member

10 shall be entitled from that date to payment of incentive

11 pay at the monthly rate that is the higher of—

12 (1) the monthly rate of incentive pay authorized

13 by such section 301(b) or 301(c)(2)(A) as of Sep14 tember 30, 1999; or

15 (2) the monthly rate of incentive pay authorized

16 by section 301f of title 37, United States Code, as

17 added by subsection (a).

18 SEC. 617. RETENTION BONUS FOR SPECIAL WARFARE OF19 FICERS EXTENDING PERIODS OF ACTIVE

20 DUTY.

21 (a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37,

22 United States Code, is amended by inserting after section

23 301f, as added by section 616 of this Act, the following

24 new section:
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1 ‘‘§ 301g. Special pay: special warfare officers extend2 ing period of active duty

3 ‘‘(a) BONUS AUTHORIZED.—A special warfare officer

4 described in subsection (b) who executes a written agree5 ment to remain on active duty in special warfare service

6 for at least one year may, upon the acceptance of the

7 agreement by the Secretary concerned, be paid a retention

8 bonus as provided in this section.

9 ‘‘(b) COVERED OFFICERS.—A special warfare officer

10 referred to in subsection (a) is an officer of a uniformed

11 service who—

12 ‘‘(1) is qualified for a military occupational spe13 cialty or designator identified by the Secretary con14 cerned as a special warfare military occupational

15 specialty or designator and is serving in a position

16 for which that specialty or designator is authorized;

17 ‘‘(2) is in pay grade O–3, or is in pay grade O–

18 4 and is not on a list of officers recommended for

19 promotion, at the time the officer applies for an

20 agreement under this section;

21 ‘‘(3) has completed at least 6, but not more

22 than 14, years of active commissioned service; and

23 ‘‘(4) has completed any service commitment in24 curred to be commissioned as an officer.
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1 ‘‘(c) AMOUNT OF BONUS.—The amount of a reten2 tion bonus paid under this section may not be more than

3 $15,000 for each year covered by the written agreement.

4 ‘‘(d) PRORATION.—The term of an agreement under

5 subsection (a) and the amount of the bonus payable under

6 subsection (c) may be prorated as long as such agreement

7 does not extend beyond the date on which the officer mak8 ing such agreement would complete 14 years of active

9 commissioned service.

10 ‘‘(e) PAYMENT.—Upon acceptance of a written agree11 ment under subsection (a) by the Secretary concerned, the

12 total amount payable pursuant to the agreement becomes

13 fixed and may be paid—

14 ‘‘(1) in a lump sum equal to the amount of half

15 the total amount payable under the agreement at the

16 time the agreement is accepted by the Secretary con17 cerned followed by payments of equal annual install18 ments on the anniversary of the acceptance of the

19 agreement until the payment in full of the balance

20 of the amount that remains payable under the agree21 ment after the payment of the lump sum amount

22 under this paragraph; or

23 ‘‘(2) in graduated annual payments under regu24 lations prescribed by the Secretary concerned with

25 the first payment being payable at the time the
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1 agreement is accepted by the Secretary concerned

2 and subsequent payments being payable on the anni3 versaries of the acceptance of the agreement.

4 ‘‘(f) ADDITIONAL PAY.—A retention bonus paid

5 under this section is in addition to any other pay and al6 lowances to which an officer is entitled.

7 ‘‘(g) REPAYMENT.—(1) If an officer who has entered

8 into a written agreement under subsection (a) and has re9 ceived all or part of a retention bonus under this section

10 fails to complete the total period of active duty in special

11 warfare service as specified in the agreement, the Sec12 retary concerned may require the officer to repay the

13 United States, on a pro rata basis and to the extent that

14 the Secretary determines conditions and circumstances

15 warrant, all sums paid the officer under this section.

16 ‘‘(2) An obligation to repay the United States im17 posed under paragraph (1) is for all purposes a debt owed

18 to the United States.

19 ‘‘(3) A discharge in bankruptcy under title 11 that

20 is entered less than five years after the termination of a

21 written agreement entered into under subsection (a) does

22 not discharge the officer signing the agreement from a

23 debt arising under such agreement or under paragraph

24 (1).
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1 ‘‘(h) REGULATIONS.—The Secretaries concerned

2 shall prescribe regulations to carry out this section, includ3 ing the definition of the term ‘special warfare service’ for

4 purposes of this section. Regulations prescribed by the

5 Secretary of a military department under this section shall

6 be subject to the approval of the Secretary of Defense.’’.

7 (2) The table of sections at the beginning of chapter

8 5 of title 37, United States Code, as amended by section

9 110(a) of this Act, is amended by inserting after the item

10 relating to section 301f the following new item:

‘‘301g. Special pay: special warfare officers extending period of active duty.’’.

11 (b) EFFECTIVE DATE.—The amendments made by

12 subsection (a) shall take effect on October 1, 1999.

13 SEC. 618. RETENTION BONUS FOR SURFACE WARFARE OF14 FICERS EXTENDING PERIODS OF ACTIVE

15 DUTY.

16 (a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37,

17 United States Code, is amended by inserting after section

18 301g, as added by section 617 of this Act, the following

19 new section:

20 ‘‘§ 301h. Special pay: surface warfare officers extend21 ing period of active duty

22 ‘‘(a) SPECIAL PAY AUTHORIZED.—(1) A surface war23 fare officer described in subsection (b) who executes a

24 written agreement described in paragraph (2) may, upon

25 the acceptance of the agreement by the Secretary of the
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1 Navy, be paid a retention bonus as provided in this sec2 tion.

3 ‘‘(2) An agreement referred to in paragraph (1) is

4 an agreement in which the officer concerned agrees—

5 ‘‘(A) to remain on active duty for at least two

6 years and through the tenth year of active commis7 sioned service; and

8 ‘‘(B) to complete tours of duty to which the of9 ficer may be ordered during the period covered by

10 subparagraph (A) as a department head afloat.

11 ‘‘(b) COVERED OFFICERS.—A surface warfare officer

12 referred to in subsection (a) is an officer of the Regular

13 Navy or Naval Reserve on active duty who—

14 ‘‘(1) is designated and serving as a surface war15 fare officer;

16 ‘‘(2) is in pay grade O–3 at the time the officer

17 applies for an agreement under this section;

18 ‘‘(3) has been selected for assignment as a de19 partment head on a surface ship;

20 ‘‘(4) has completed at least four, but not more

21 than eight, years of active commissioned service; and

22 ‘‘(5) has completed any service commitment in23 curred to be commissioned as an officer.
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1 ‘‘(c) AMOUNT OF BONUS.—The amount of a reten2 tion bonus paid under this section may not be more than

3 $15,000 for each year covered by the written agreement.

4 ‘‘(d) PRORATION.—The term of an agreement under

5 subsection (a) and the amount of the bonus payable under

6 subsection (c) may be prorated as long as such agreement

7 does not extend beyond the date on which the officer mak8 ing such agreement would complete 10 years of active

9 commissioned service.

10 ‘‘(e) PAYMENT.—Upon acceptance of a written agree11 ment under subsection (a) by the Secretary of the Navy,

12 the total amount payable pursuant to the agreement be13 comes fixed and may be paid—

14 ‘‘(1) in a lump sum equal to the amount of half

15 the total amount payable under the agreement at the

16 time the agreement is accepted by the Secretary fol17 lowed by payments of equal annual installments on

18 the anniversary of the acceptance of the agreement

19 until the payment in full of the balance of the

20 amount that remains payable under the agreement

21 after the payment of the lump sum amount under

22 this paragraph; or

23 ‘‘(2) in equal annual payments with the first

24 payment being payable at the time the agreement is

25 accepted by the Secretary and subsequent payments
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1 being payable on the anniversaries of the acceptance

2 of the agreement.

3 ‘‘(f) ADDITIONAL PAY.—A retention bonus paid

4 under this section is in addition to any other pay and al5 lowances to which an officer is entitled.

6 ‘‘(g) REPAYMENT.—(1) If an officer who has entered

7 into a written agreement under subsection (a) and has re8 ceived all or part of a retention bonus under this section

9 fails to complete the total period of active duty specified

10 in the agreement, the Secretary of the Navy may require

11 the officer to repay the United States, on a pro rata basis

12 and to the extent that the Secretary determines conditions

13 and circumstances warrant, all sums paid under this sec14 tion.

15 ‘‘(2) An obligation to repay the United States im16 posed under paragraph (1) is for all purposes a debt

17 owned to the United States.

18 ‘‘(3) A discharge in bankruptcy under title 11 that

19 is entered less than five years after the termination of a

20 written agreement entered into under subsection (a) does

21 not discharge the officer signing the agreement from a

22 debt arising under such agreement or under paragraph

23 (1).

24 ‘‘(h) REGULATIONS.—The Secretary of the Navy

25 shall prescribe regulations to carry out this section.’’.
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1 (2) The table of sections at the beginning of chapter

2 5 of title 37, United States Code, is amended by inserting

3 after the item relating to section 301g, as added by section

4 111(a) of this Act, the following new item:

‘‘301h. Special pay: surface warfare officers extending period of active duty.’’.

5 (b) EFFECTIVE DATE.—The amendments made by

6 subsection (a) shall take effect on October 1, 1999.

7 SEC. 619. ADDITIONAL SPECIAL PAY FOR BOARD CER8 TIFIED VETERINARIANS IN THE ARMED

9 FORCES AND PUBLIC HEALTH SERVICE.

10 (a) AUTHORITY.—Section 303 of title 37, United

11 States Code, is amended—

12 (1) by inserting ‘‘(a) MONTHLY SPECIAL

13 PAY.—’’ before ‘‘Each’’; and

14 (2) by adding at the end the following:

15 ‘‘(b) ADDITIONAL SPECIAL PAY FOR BOARD CER16 TIFICATION.—A commissioned officer entitled to special

17 pay under subsection (a) who has been awarded a diploma

18 as a Diplomate in a specialty recognized by the American

19 Veterinarian Medical Association is entitled to special pay

20 (in addition to the special pay under that subsection) at

21 the same rate as is provided under section 302c(b) of this

22 title for an officer referred to in that section who has the

23 same number of years of creditable service as the commis24 sioned officer.’’.
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1 (b) EFFECTIVE DATE.—Section 303(b) of title 37,

2 United States Code, as added by subsection (a), shall

3 apply with respect to months beginning after September

4 30, 1999.

5 SEC. 620. INCREASE IN RATE OF DIVING DUTY SPECIAL

6 PAY.

7 (a) INCREASE.—Section 304(b) of title 37, United

8 States Code, is amended—

9 (1) by striking ‘‘$200’’ and inserting ‘‘$240’’;

10 and

11 (2) by striking ‘‘$300’’ and inserting ‘‘$340’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 subsection (a) shall take effect on October 1, 1999, and

14 shall apply with respect to special pay paid under section

15 304 of title 37, United States Code, for months beginning

16 on or after that date.

17 SEC. 621. INCREASE IN MAXIMUM AMOUNT AUTHORIZED

18 FOR REENLISTMENT BONUS FOR ACTIVE

19 MEMBERS.

20 (a) INCREASE IN MAXIMUM AMOUNT.—Section

21 308(a)(2) of title 37, United States Code, is amended—

22 (1) subparagraph (A)(i), by striking ‘‘ten’’ and

23 inserting ‘‘15’’; and

24 (2) in subparagraph (B), by striking ‘‘$45,000’’

25 and inserting ‘‘$60,000’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on October 1, 1999, and

3 shall apply with respect to reenlistments and extensions

4 of enlistments taking effect on or after that date.

5 SEC. 622. CRITICAL SKILLS ENLISTMENT BONUS.

6 (a) INCREASE.—Section 308a(a) of title 37, United

7 States Code, is amended in the first sentence by striking

8 ‘‘$12,000’’ and inserting ‘‘$20,000’’.

9 (b) LUMP-SUM PAYMENT OF CRITICAL SKILLS EN10 LISTMENT BONUS.—Section 308a(a) of title 37, United

11 States Code, is amended—

12 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

13 (2) by striking all after ‘‘may be paid a bonus’’

14 and inserting a period; and

15 (3) by adding at the end the following:

16 ‘‘(2) The appropriate Secretary shall prescribe in reg17 ulations the following:

18 ‘‘(A) The amount of the bonus, but not more

19 than $12,000.

20 ‘‘(B) Provisions for payment of the bonus in a

21 single lump sum or periodic installments in relation

22 to the attainment of one or more specified career

23 milestones appropriate to ensure that the terms of

24 the enlistment or extension are satisfied.’’.
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1 (c) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on October 1, 1999, and

3 shall apply with respect enlistments and extensions of en4 listments taking effect on or after that date.

5 SEC. 623. SELECTED RESERVE ENLISTMENT BONUS.

6 (a) ELIMINATION OF REQUIREMENT FOR MINIMUM

7 PERIOD OF ENLISTMENT.—Subsection (a) of section 308c

8 of title 37, United States Code, is amended by striking

9 ‘‘for a term of enlistment of not less than six years’’.

10 (b) INCREASED MAXIMUM AMOUNT.—Subsection (b)

11 of such section is amended by striking ‘‘$5,000’’ and in12 serting ‘‘$8,000’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 subsections (a) and (b) shall take effect on October 1,

15 1999, and shall apply with respect to enlistments entered

16 into on or after that date.

17 SEC. 624. SPECIAL PAY FOR MEMBERS OF THE COAST

18 GUARD RESERVE ASSIGNED TO HIGH PRI19 ORITY UNITS OF THE SELECTED RESERVE.

20 Section 308d(a) of title 37, United States Code, is

21 amended by inserting ‘‘, or the Secretary of Transpor22 tation with respect to the Coast Guard when it is not oper23 ating as a service in the Navy, ’’ after ‘‘Secretary of De24 fense’’.
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1 SEC. 625. REDUCED MINIMUM PERIOD OF ENLISTMENT IN

2 ARMY IN CRITICAL SKILL FOR ELIGIBILITY

3 FOR ENLISTMENT BONUS.

4 (a) REDUCED REQUIREMENT.—Paragraph (3) of

5 section 308f(a) of title 37, United States Code, is amend6 ed by striking ‘‘3 years’’ and inserting ‘‘2 years’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall take effect on October 1, 1999, and

9 shall apply with respect to enlistments entered into on or

10 after that date.

11 SEC. 626. ELIGIBILITY FOR RESERVE COMPONENT PRIOR

12 SERVICE ENLISTMENT BONUS UPON ATTAIN13 ING A CRITICAL SKILL.

14 (a) NEWLY ATTAINED CRITICAL SKILL.—Section

15 308i(a) of title 37, United States Code, is amended by

16 striking paragraph (2) and inserting the following:

17 ‘‘(2) A bonus may only be paid under this section

18 to a person who meets each of the following requirements:

19 ‘‘(A) The person has completed that person’s

20 military service obligation but has less than 14 years

21 of total military service.

22 ‘‘(B) The person has received an honorable dis23 charge at the conclusion of military service.

24 ‘‘(C) The person is not being released from ac25 tive service for the purpose of enlistment in a re26 serve component.
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1 ‘‘(D) The person is position eligible under para2 graph (3).

3 ‘‘(E) The person has not previously been paid

4 a bonus (except under this section) for enlistment,

5 reenlistment, or extension of enlistment in a reserve

6 component.

7 ‘‘(3) A person is position eligible for the purposes of

8 paragraph (2)(D) if the person—

9 ‘‘(A) is projected to occupy a position as a

10 member of the Selected Reserve in a specialty in

11 which the person—

12 ‘‘(i) successfully served while a member on

13 active duty; and

14 ‘‘(ii) attained a level of qualification while

15 a member on active duty commensurate with

16 the grade and years of service of the member;

17 or

18 ‘‘(B) is occupying a position as a member of the

19 Selected Reserve in a specialty in which the

20 person—

21 ‘‘(i) has completed training or retraining in

22 the specialty skill that is designated as critically

23 short; and

24 ‘‘(ii) has attained a level of qualification in

25 the designated critically short specialty skill
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1 that is commensurate with the member’s grade

2 and years of service.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and shall apply to enlistments beginning

6 on or after that date.

7 SEC. 627. INCREASE IN SPECIAL PAY AND BONUSES FOR

8 NUCLEAR-QUALIFIED OFFICERS.

9 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI10 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

11 312(a) of title 37, United States Code, is amended by

12 striking ‘‘$15,000’’ and inserting ‘‘$25,000’’.

13 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

14 312b(a)(1) of title 37, United States Code, is amended

15 by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’.

16 (c) NUCLEAR CAREER ANNUAL INCENTIVE BO17 NUSES.—Section 312c of title 37, United States Code, is

18 amended—

19 (1) in subsection (a)(1), by striking ‘‘$12,000’’

20 and inserting ‘‘$22,000’’; and

21 (2) in subsection (b)(1), by striking ‘‘$5,500’’

22 and inserting ‘‘$10,000’’.

23 (d) EFFECTIVE DATE.—(1) The amendments made

24 by this section shall take effect on October 1, 1999.
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1 (2) The amendments made by subsections (a) and (b)

2 shall apply with respect to agreements accepted under sec3 tion 312(a) and 312b(a), respectively, of title 37, United

4 States Code, on or after October 1, 1999.

5 (3) The amendments made by subsection (c) shall

6 apply with respect to nuclear service years beginning on

7 or after October 1, 1999.

8 SEC. 628. INCREASE IN MAXIMUM MONTHLY RATE AU9 THORIZED FOR FOREIGN LANGUAGE PRO10 FICIENCY PAY.

11 (a) INCREASE IN MAXIMUM MONTHLY RATE.—Sec12 tion 316(b) of title 37, United States Code, is amended

13 by striking ‘‘$100’’ and inserting ‘‘$300’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall take effect on October 1, 1999, and

16 shall apply with respect to foreign language proficiency

17 pay paid under section 316 of title 37, United States

18 Code, for months beginning on or after that date.

19 SEC. 629. SENSE OF THE SENATE REGARDING TAX TREAT20 MENT OF MEMBERS RECEIVING SPECIAL

21 PAY.

22 It is the sense of the Senate that members of the

23 Armed Forces who receive special pay for duty subject to

24 hostile fire or imminent danger (37 U.S.C. 310) should
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1 receive the same tax treatment as members serving in

2 combat zones.

3 Subtitle C—Travel and

4 Transportation Allowances

5 SEC. 641. PAYMENT OF TEMPORARY LODGING EXPENSES

6 TO ENLISTED MEMBERS MAKING FIRST PER7 MANENT CHANGE OF STATION.

8 Section 404a(a) of title 37, United States Code, is

9 amended—

10 (1) in paragraph (1), by striking ‘‘or’’ at the

11 end of the paragraph;

12 (2) in paragraph (2), by inserting ‘‘or’’ after

13 the semicolon; and

14 (3) by inserting after paragraph (2) the fol15 lowing:

16 ‘‘(3) in the case of an enlisted member, to the

17 member’s first permanent duty station from the

18 member’s home of record or initial technical training

19 school;’’.

20 SEC. 642. DESTINATION AIRPORT FOR EMERGENCY LEAVE

21 TRAVEL TO THE CONTINENTAL UNITED

22 STATES.

23 Section 411d(b)(1)(A) of title 37, United States

24 Code, is amended to read as follows:

25 ‘‘(A) to either—
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1 ‘‘(i) the international airport in the conti2 nental United States closest to the location

3 from which the member and the member’s de4 pendents departed; or

5 ‘‘(ii) any other airport in the continental

6 United States that is closer to the destination

7 than is that international airport if the cost of

8 the transportation to the other airport is less

9 expensive than the cost of the transportation to

10 that international airport; or’’.

11 SEC. 643. CLARIFICATION OF PER DIEM ELIGIBILITY OF

12 CERTAIN MILITARY TECHNICIANS (DUAL STA13 TUS) SERVING ON ACTIVE DUTY WITHOUT

14 PAY OUTSIDE THE UNITED STATES.

15 (a) CLARIFICATION.—Section 1002(b) of title 37,

16 United States Code, is amended—

17 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

18 (2) by adding at the end the following:

19 ‘‘(2) If the Secretary concerned determines that a

20 military technician (dual status) on leave from technician

21 employment under section 6323(d) of title 5 is performing

22 active duty without pay outside the United States without

23 having been afforded an adequate opportunity to satisfy

24 administrative requirements for a commutation of subsist25 ence and quarters under paragraph (1), the Secretary con-
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1 cerned may authorize payment of a per diem allowance

2 to the technician under chapter 4 of this title instead of

3 the commutation while the technician is performing that

4 duty.’’.

5 (b) DEFINITION.—Section 101 of such title is amend6 ed by adding at the end the following:

7 ‘‘(27) The term ‘military technician (dual sta8 tus)’ has the meaning given the term in section

9 10216(a) of title 10.’’.

10 (c) RETROACTIVE EFFECTIVE DATE.—The amend11 ments made by this section shall be effective as of Feb12 ruary 10, 1996.

13 SEC. 644. EXPANSION AND CODIFICATION OF AUTHORITY

14 FOR SPACE REQUIRED TRAVEL ON MILITARY

15 AIRCRAFT FOR RESERVES PERFORMING IN16 ACTIVE-DUTY TRAINING OUTSIDE THE CON17 TINENTAL UNITED STATES.

18 (a) AUTHORITY.—(1) Chapter 1209 of title 10,

19 United States Code, is amended by adding at the end the

20 following new section:

21 ‘‘§ 12322. Reserves traveling to inactive-duty training

22 OCONUS: space required travel

23 ‘‘A member of a reserve component is authorized to

24 travel in a space required status on aircraft of the armed

25 forces between the member’s home and place of inactive-
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1 duty training outside the continental United States (in2 cluding a place other than the place of the member’s unit

3 training assembly if the member is performing the inac4 tive-duty training in another location) when there is no

5 transportation between those locations by means of road,

6 railroad, or a combination of road and railroad. A member

7 traveling in that status on any such aircraft under the

8 authority of this section is not authorized to receive travel,

9 transportation, or per diem allowances in connection with

10 the travel.’’.

11 (2) The table of sections at the beginning of that

12 chapter is amended by adding at the end the following:

‘‘12322. Reserves traveling to inactive-duty training OCONUS: space required

travel.’’.

13 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section

14 8023 of Public Law 105–262 (112 Stat. 2302) is repealed.

15 (c) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall take effect on the date

17 of the enactment of this Act and shall apply with respect

18 to travel commencing on or after that date.
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1 SEC. 645. REIMBURSEMENT OF TRAVEL EXPENSES IN2 CURRED BY MEMBERS OF THE ARMED

3 FORCES IN CONNECTION WITH LEAVE CAN4 CELED FOR INVOLVEMENT IN KOSOVO-RE5 LATED ACTIVITIES.

6 (a) AUTHORITY.—The Secretary of the military de7 partment concerned may reimburse a member of the

8 Armed Forces under the jurisdiction of the Secretary for

9 expenses of travel (to the extent not otherwise reimburs10 able under law) that have been incurred by the member

11 in connection with approved leave canceled to meet an exi12 gency in connection with United States participation in

13 Operation Allied Force.

14 (b) ADMINISTRATIVE PROVISIONS.—The Secretary of

15 Defense shall prescribe the procedures and documentation

16 required for application for, and payment of, reimburse17 ments to members of the Armed Forces under subsection

18 (a).

19 Subtitle D—Retired Pay, Survivor

20 Benefits, and Related Matters

21 SEC. 651. RETIRED PAY OPTIONS FOR PERSONNEL ENTER22 ING UNIFORMED SERVICES ON OR AFTER AU23 GUST 1, 1986.

24 (a) REDUCED RETIRED PAY ONLY FOR MEMBERS

25 ELECTING 15-YEAR SERVICE BONUS.—(1) Paragraph (2)

26 of section 1409(b) of title 10, United States Code, is
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1 amended by inserting after ‘‘July 31, 1986,’’ the following:

2 ‘‘has elected to receive a bonus under section 318 of title

3 37,’’.

4 (2)(A) Paragraph (2)(A) of section 1401a(b) of title

5 10, United States Code, is amended by striking ‘‘The Sec6 retary shall increase the retired pay of each member and

7 former member who first became a member of a uniformed

8 service before August 1, 1986,’’ and inserting ‘‘Except as

9 otherwise provided in this subsection, the Secretary shall

10 increase the retired pay of each member and former mem11 ber’’.

12 (B) Paragraph (3) of such section 1401a(b) is

13 amended by inserting after ‘‘August 1, 1986,’’ the fol14 lowing: ‘‘and has elected to receive a bonus under section

15 318 of title 37,’’.

16 (3) Section 1410 of title 10, United States Code, is

17 amended by inserting after ‘‘August 1, 1986,’’ the fol18 lowing: ‘‘who has elected to receive a bonus under section

19 318 of title 37,’’.

20 (b) OPTIONAL LUMP-SUM BONUS AT 15 YEARS OF

21 SERVICE.—(1) Chapter 5 of title 37, United States Code,

22 is amended by adding at the end the following new section:
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1 ‘‘§ 318. Special pay: 15-year service bonus elected by

2 members entering on or after August 1,

3 1986

4 ‘‘(a) PAYMENT OF BONUS.—The Secretary concerned

5 shall pay a bonus to a member of a uniformed service who

6 is eligible and elects to receive the bonus under this sec7 tion.

8 ‘‘(b) ELIGIBILITY FOR BONUS.—A member of a uni9 formed service serving on active duty is eligible to receive

10 a bonus under this section if the member—

11 ‘‘(1) first became a member of a uniformed

12 service on or after August 1, 1986;

13 ‘‘(2) has completed 15 years of active duty in

14 the uniformed services; and

15 ‘‘(3) if not already obligated to remain on active

16 duty for a period that would result in at least 20

17 years of active-duty service, executes a written

18 agreement (prescribed by the Secretary concerned)

19 to remain continuously on active duty for five years

20 after the date of the completion of 15 years of ac21 tive-duty service.

22 ‘‘(c) ELECTION.—(1) A member eligible to receive a

23 bonus under this section may elect to receive the bonus.

24 The election shall be made in such form and within such

25 period as the Secretary concerned requires.
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1 ‘‘(2) An election made under this subsection is irrev2 ocable.

3 ‘‘(d) NOTIFICATION OF ELIGIBILITY.—The Secretary

4 concerned shall transmit a written notification of the op5 portunity to elect to receive a bonus under this section

6 to each member who is eligible (or upon execution of an

7 agreement described in subsection (b)(3), would be eligi8 ble) to receive the bonus. The Secretary shall complete the

9 notification within 180 days after the date on which the

10 member completes 15 years of active duty. The notifica11 tion shall include the procedures for electing to receive the

12 bonus and an explanation of the effects under sections

13 1401a, 1409, and 1410 of title 10 that such an election

14 has on the computation of any retired or retainer pay

15 which the member may become eligible to receive.

16 ‘‘(e) FORM AND AMOUNT OF BONUS.—A bonus

17 under this section shall be paid in one lump sum of

18 $30,000.

19 ‘‘(f) TIME FOR PAYMENT.—Payment of a bonus to

20 a member electing to receive the bonus under this section

21 shall be made not later than the first month that begins

22 on or after the date that is 60 days after the Secretary

23 concerned receives from the member an election that satis24 fies the requirements imposed under subsection (c).
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1 ‘‘(g) REPAYMENT OF BONUS.—(1) If a person paid

2 a bonus under this section fails to complete the total pe3 riod of active duty specified in the agreement entered into

4 under subsection (b)(3), the person shall refund to the

5 United States the amount that bears the same ratio to

6 the amount of the bonus payment as the unserved part

7 of that total period bears to the total period.

8 ‘‘(2) Subject to paragraph (3), an obligation to reim9 burse the United States imposed under paragraph (1) is

10 for all purposes a debt owed to the United States.

11 ‘‘(3) The Secretary concerned may waive, in whole

12 or in part, a refund required under paragraph (1) if the

13 Secretary concerned determines that recovery would be

14 against equity and good conscience or would be contrary

15 to the best interests of the United States.

16 ‘‘(4) A discharge in bankruptcy under title 11 that

17 is entered less than five years after the termination of an

18 agreement under this section does not discharge the mem19 ber signing such agreement from a debt arising under the

20 agreement or this subsection.’’.

21 (2) The table of sections at the beginning of such

22 chapter is amended by adding at the end the following

23 new item:

‘‘318. Special pay: 15-year service bonus elected by members entering on or

after August 1, 1986.’’.
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1 (c) CONFORMING AMENDMENTS TO SURVIVOR BEN2 EFIT PLAN PROVISIONS.—(1) Section 1451(h)(3) of title

3 10, United States Code, is amended by inserting ‘‘OF CER4 TAIN MEMBERS’’ after ‘‘RETIREMENT’’.

5 (2) Section 1452(i) of such title is amended by strik6 ing ‘‘When the retired pay’’ and inserting ‘‘Whenever the

7 retired pay’’.

8 (d) RELATED TECHNICAL AMENDMENTS.—(1) Sec9 tion 1401a(b) of title 10, United States Code, is

10 amended—

11 (A) by striking the heading for paragraph (1)

12 and inserting ‘‘INCREASE REQUIRED.—’’;

13 (B) by striking the heading for paragraph (2)

14 and inserting ‘‘PERCENTAGE INCREASE.—’’; and

15 (C) by striking the heading for paragraph (3)

16 and inserting ‘‘REDUCED PERCENTAGE FOR CER17 TAIN POST-AUGUST 1, 1986 MEMBERS.—’’.

18 (2) Section 1409(b)(2) of title 10, United States

19 Code, is amended by inserting ‘‘CERTAIN’’ after ‘‘REDUC20 TION APPLICABLE TO’’ in the paragraph heading.

21 (3)(A) The heading of section 1410 of such title is

22 amended by inserting ‘‘certain’’ before ‘‘members’’.

23 (B) The item relating to such section in the table of

24 sections at the beginning of chapter 71 of title 10, United
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1 States Code, is amended by inserting ‘‘certain’’ before

2 ‘‘members’’.

3 SEC. 652. PARTICIPATION IN THRIFT SAVINGS PLAN.

4 (a) PARTICIPATION AUTHORITY.—(1)(A) Chapter 3

5 of title 37, United States Code, is amended by adding at

6 the end the following:

7 ‘‘§ 211. Participation in Thrift Savings Plan

8 ‘‘(a) AUTHORITY.—A member of the uniformed serv9 ices serving on active duty and a member of the Ready

10 Reserve in any pay status may participate in the Thrift

11 Savings Plan in accordance with section 8440e of title 5.

12 ‘‘(b) RULE OF CONSTRUCTION REGARDING SEPARA13 TION.—For the purposes of section 8440e of title 5, the

14 following actions shall be considered separation of a mem15 ber of the uniformed services from Government employ16 ment:

17 ‘‘(1) Release of the member from active-duty

18 service (not followed by a resumption of active-duty

19 service within 30 days after the effective date of the

20 release).

21 ‘‘(2) Transfer of the member by the Secretary

22 concerned to a retired list maintained by the Sec23 retary.’’.

24 (B) The table of sections at the beginning of such

25 chapter is amended by adding at the end the following:

‘‘211. Participation in Thrift Savings Plan.’’.
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1 (2)(A) Subchapter III of chapter 84 of title 5, United

2 States Code, is amended by adding at the end the fol3 lowing:

4 ‘‘§ 8440e. Members of the uniformed services on ac5 tive duty

6 ‘‘(a) PARTICIPATION AUTHORIZED.—(1) A member

7 of the uniformed services authorized to participate in the

8 Thrift Savings Plan under section 211(a) of title 37 may

9 contribute to the Thrift Savings Fund.

10 ‘‘(2) An election to contribute to the Thrift Savings

11 Fund under paragraph (1) may be made only during a

12 period provided under section 8432(b) for individuals sub13 ject to this chapter.

14 ‘‘(b) APPLICABILITY OF THRIFT SAVINGS PLAN PRO15 VISIONS.—Except as otherwise provided in this section,

16 the provisions of this subchapter and subchapter VII of

17 this chapter shall apply with respect to members of the

18 uniformed services making contributions to the Thrift

19 Savings Fund as if such members were employees within

20 the meaning of section 8401(11).

21 ‘‘(c) MAXIMUM CONTRIBUTION FROM PAY OR COM22 PENSATION.—(1) The amount contributed by a member

23 of the uniformed services for any pay period out of basic

24 pay may not exceed 5 percent of such member’s basic pay

25 for such pay period.
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1 ‘‘(2) The amount contributed by a member of the

2 Ready Reserve for any pay period for any compensation

3 received under section 206 of title 37 may not exceed 5

4 percent of such member’s compensation for such pay pe5 riod, to the extent allowable under the Internal Revenue

6 Code of 1986.

7 ‘‘(d) OTHER MEMBER CONTRIBUTIONS.—A member

8 of the uniformed services making contributions to the

9 Thrift Savings Fund out of basic pay, or out of compensa10 tion under section 206 of title 37, may also contribute (by

11 direct transfer to the Fund) any part of any special or

12 incentive pay that the member receives under section 308,

13 308a through 308h, or 318 of title 37, to the extent allow14 able under the Internal Revenue Code of 1986.

15 ‘‘(e) AGENCY CONTRIBUTIONS GENERALLY PROHIB16 ITED.—Except as provided in section 211(c) of title 37,

17 no contribution under section 8432(c) of this title may be

18 made for the benefit of a member of the uniformed serv19 ices making contributions to the Thrift Savings Fund

20 under subsection (a).

21 ‘‘(f) BENEFITS AND ELECTIONS OF BENEFITS.—In

22 applying section 8433 to a member of the uniformed serv23 ices who has an account balance in the Thrift Savings

24 Fund—
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1 ‘‘(1) any reference in such section to separation

2 from Government employment shall be construed to

3 refer to an action described in section 211(b) of title

4 37; and

5 ‘‘(2) the reference in section 8433(g)(1) to con6 tributions made under section 8432(a) shall be

7 treated as being a reference to contributions made to

8 the Fund by the member, whether made under sec9 tion 8351, 8432(a), or this section.

10 ‘‘(g) BASIC PAY DEFINED.—For purposes of this sec11 tion, the term ‘basic pay’ means basic pay that is payable

12 under section 204 of title 37.’’.

13 (B) The table of sections at the beginning of chapter

14 84 of title 5, United States Code, is amended by adding

15 after the item relating to section 8440d the following:

‘‘8440e. Members of the uniformed services on active duty.’’.

16 (3) Section 8432b(b) of title 5, United States Code,

17 is amended—

18 (A) in paragraph (1), by striking ‘‘Each em19 ployee’’ and inserting ‘‘Except as provided in para20 graph (4), each employee’’;

21 (B) by redesignating paragraph (4) as para22 graph (5); and

23 (C) by inserting after paragraph (3) the fol24 lowing new paragraph (4):
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1 ‘‘(4) No contribution may be made under this section

2 for a period for which an employee made a contribution

3 under section 8440e.’’.

4 (4) Section 8473 of title 5, United States Code, is

5 amended—

6 (A) in subsection (a), by striking ‘‘14 mem7 bers’’ and inserting ‘‘15 members’’; and

8 (B) in subsection (b)—

9 (i) by striking ‘‘14 members’’ and inserting

10 ‘‘15 members’’;

11 (ii) by striking ‘‘and’’ at the end of para12 graph (8);

13 (iii) by striking the period at the end of

14 paragraph (9) and inserting ‘‘; and’’; and

15 (iv) by adding at the end the following:

16 ‘‘(10) 1 shall be appointed to represent partici17 pants (under section 8440e) who are members of the

18 uniformed services.’’.

19 (5) Paragraph (11) of section 8351(b) of title 5,

20 United States Code, is redesignated as paragraph (8).

21 (b) APPLICABILITY.—(1) Except as provided in para22 graph (2), the authority of members of the uniformed

23 services to participate in the Thrift Savings Plan under

24 section 211 of title 37, United States Code (as added by

25 subsection (a)(1)), shall take effect on July 1, 2000.
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1 (2)(A) The Secretary of Defense may postpone the

2 authority of members of the Ready Reserve to so partici3 pate in the Thrift Savings Plan until 180 days after the

4 date specified in paragraph (1) if the Secretary, after con5 sultation with the Executive Director appointed by the

6 Federal Thrift Retirement Investment Board, determines

7 that permitting such members to participate in the Thrift

8 Savings Plan on that date would place an excessive burden

9 on the administrative capacity of the Board to accommo10 date participants in the Thrift Savings Plan.

11 (B) The Secretary shall notify the congressional de12 fense committees of any determination made under sub13 paragraph (A).

14 (c) REGULATIONS.—Not later than 180 days after

15 the date of the enactment of this Act, the Executive Direc16 tor appointed by the Federal Thrift Retirement Invest17 ment Board shall issue regulations to implement section

18 8440e of title 5, United States Code (as added by sub19 section (a)(2)) and section 211 of title 37, United States

20 Code (as added by subsection (a)(1)).

21 SEC. 653. SPECIAL RETENTION INITIATIVE.

22 Section 211 of title 37, United States Code, as added

23 by section 652, is amended by adding at the end the fol24 lowing:
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1 ‘‘(c) AGENCY CONTRIBUTIONS FOR RETENTION IN

2 CRITICAL SPECIALTIES.—(1) The Secretary concerned

3 may enter into an agreement with a member to make con4 tributions to the Thrift Savings Fund for the benefit of

5 the member if the member—

6 ‘‘(A) is in a specialty designated by the Sec7 retary as critical to meet requirements (whether

8 such specialty is designated as critical to meet war9 time or peacetime requirements); and

10 ‘‘(B) commits in such agreement to continue to

11 serve on active duty in that specialty for a period of

12 six years.

13 ‘‘(2) Under any agreement entered into with a mem14 ber under paragraph (1), the Secretary shall make con15 tributions to the Fund for the benefit of the member for

16 each pay period of the 6-year period of the agreement for

17 which the member makes a contribution out of basic pay

18 to the Fund under this section. Paragraph (2) of section

19 8432(c) applies to the Secretary’s obligation to make con20 tributions under this paragraph, except that the reference

21 in such paragraph to contributions under paragraph (1)

22 of such section does not apply.’’.
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1 SEC. 654. REPEAL OF REDUCTION IN RETIRED PAY FOR CI2 VILIAN EMPLOYEES.

3 (a) REPEAL.—(1) Section 5532 of title 5, United

4 States Code, is repealed.

5 (2) The chapter analysis at the beginning of chapter

6 55 of such title is amended by striking the item relating

7 to section 5532.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall take effect on the first day of the first

10 month that begins after the date of the enactment of this

11 Act.

12 SEC. 655. CREDIT TOWARD PAID-UP SBP COVERAGE FOR

13 MONTHS COVERED BY MAKE-UP PREMIUM

14 PAID BY PERSONS ELECTING SBP COVERAGE

15 DURING SPECIAL OPEN ENROLLMENT PE16 RIOD.

17 Section 642 of the Strom Thurmond National De18 fense Authorization Act for Fiscal Year 1999 (Public Law

19 105–261; 112 Stat. 2045; 10 U.S.C. 1448 note) is

20 amended—

21 (1) by redesignating subsection (h) as sub22 section (i); and

23 (2) by inserting after subsection (g) the fol24 lowing new subsection (h):

25 ‘‘(h) CREDIT TOWARD PAID-UP COVERAGE.—Upon

26 payment of the total amount of the premiums charged a
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1 person under subsection (g), the retired pay of a person

2 participating in the Survivor Benefit Plan pursuant to an

3 election under this section shall be treated, for the pur4 poses of subsection (j) of section 1452 of title 10, United

5 States Code, as having been reduced under such section

6 1452 for the months in the period for which the person’s

7 retired pay would have been reduced if the person had

8 elected to participate in the Survivor Benefit Plan at the

9 first opportunity that was afforded the person to partici10 pate.’’.

11 SEC. 656. PAID-UP COVERAGE UNDER RETIRED SERVICE12 MAN’S FAMILY PROTECTION PLAN.

13 (a) CONDITIONS.—Subchapter I of chapter 73 of title

14 10, United States Code, is amended by inserting after sec15 tion 1436 the following:

16 ‘‘§ 1436a. Coverage paid up at 30 years and age 70

17 ‘‘Effective October 1, 2008, no reduction may be

18 made in a person’s retired pay or retainer pay pursuant

19 to an election under section 1431(b) or 1432 of this title

20 for any month after the later of—

21 ‘‘(1) the 360th month for which the person re22 tired pay or retainer pay is reduced pursuant to

23 such an election; and

24 ‘‘(2) the month during which the person attains

25 70 years of age.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such subchapter is amended by insert3 ing after the item relating to section 1436 the following:

‘‘1436a. Coverage paid up at 30 years and age 70.’’.

4 SEC. 657. PERMANENT AUTHORITY FOR PAYMENT OF AN5 NUITIES TO CERTAIN MILITARY SURVIVING

6 SPOUSES.

7 Subsection (f) of section 644 of the National Defense

8 Authorization Act for Fiscal Year 1998 (Public Law 105–

9 85; 111 Stat. 1801; 10 U.S.C. 1448 note) is repealed.

10 SEC. 658. EFFECTUATION OF INTENDED SBP ANNUITY FOR

11 FORMER SPOUSE WHEN NOT ELECTED BY

12 REASON OF UNTIMELY DEATH OF RETIREE.

13 (a) CASES NOT COVERED BY EXISTING AUTHOR14 ITY.—Paragraph (3) of section 1450(f) of title 10, United

15 States Code, as in effect on the date of the enactment

16 of this Act, shall apply in the case of a former spouse of

17 any person referred to in that paragraph who—

18 (1) incident to a proceeding of divorce, dissolu19 tion, or annulment—

20 (A) entered into a written agreement on or

21 after August 21, 1983, to make an election

22 under section 1448(b) of such title to provide

23 an annuity to the former spouse (the agreement

24 thereafter having been incorporated in or rati25 fied or approved by a court order or filed with
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1 the court of appropriate jurisdiction in accord2 ance with applicable State law); or

3 (B) was required by a court order dated on

4 or after such date to make such an election for

5 the former spouse; and

6 (2) before making the election, died within 21

7 days after the date of the agreement referred to in

8 paragraph (1)(A) or the court order referred to in

9 paragraph (1)(B), as the case may be.

10 (b) ADJUSTED TIME LIMIT FOR REQUEST BY

11 FORMER SPOUSE.—For the purposes of paragraph (3)(C)

12 of section 1450(f) of title 10, United States Code, a court

13 order or filing referred to in subsection (a)(1) of this sec14 tion that is dated before October 19, 1984, shall be

15 deemed to be dated on the date of the enactment of this

16 Act.

17 SEC. 659. SPECIAL COMPENSATION FOR SEVERELY DIS18 ABLED UNIFORMED SERVICES RETIREES.

19 (a) AUTHORITY.—(1) Chapter 71 of title 10, United

20 States Code, is amended by adding at the end the fol21 lowing new section:

22 ‘‘§ 1413. Special compensation for certain severely

23 disabled uniformed services retirees

24 ‘‘(a) AUTHORITY.—The Secretary concerned shall,

25 subject to the availability of appropriations for such pur-
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1 pose, pay to each eligible disabled uniformed services re2 tiree a monthly amount determined under subsection (b).

3 ‘‘(b) AMOUNT.—The amount to be paid to an eligible

4 disabled uniformed services retiree in accordance with sub5 section (a) is the following:

6 ‘‘(1) For any month for which the retiree has

7 a qualifying service-connected disability rated as

8 total, $300.

9 ‘‘(2) For any month for which the retiree has

10 a qualifying service-connected disability rated as 90

11 percent, $200.

12 ‘‘(3) For any month for which the retiree has

13 a qualifying service-connected disability rated as 80

14 percent or 70 percent, $100.

15 ‘‘(c) ELIGIBLE MEMBERS.—An eligible disabled uni16 formed services retiree referred to in subsection (a) is a

17 member of the uniformed services in a retired status

18 (other than a member who is retired under chapter 61

19 of this title) who—

20 ‘‘(1) completed at least 20 years of service in

21 the uniformed services that are creditable for pur22 poses of computing the amount of retired pay to

23 which the member is entitled; and

24 ‘‘(2) has a qualifying service-connected dis25 ability.
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1 ‘‘(d) QUALIFYING SERVICE-CONNECTED DISABILITY

2 DEFINED.—In this section, the term ‘qualifying service3 connected disability’ means a service-connected disability

4 that—

5 ‘‘(1) was incurred or aggravated in the per6 formance of duty as a member of a uniformed serv7 ice, as determined by the Secretary concerned; and

8 ‘‘(2) is rated as not less than 70 percent

9 disabling—

10 ‘‘(A) by the Secretary concerned as of the

11 date on which the member is retired from the

12 uniformed services; or

13 ‘‘(B) by the Secretary of Veterans Affairs

14 within four years following the date on which

15 the member is retired from the uniformed serv16 ices.

17 ‘‘(e) STATUS OF PAYMENTS.—Payments under this

18 section are not retired pay.

19 ‘‘(f) SOURCE OF FUNDS.—Payments under this sec20 tion for any fiscal year shall be paid out of funds appro21 priated for pay and allowances payable by the Secretary

22 concerned for that fiscal year.

23 ‘‘(g) OTHER DEFINITIONS.—In this section:

24 ‘‘(1) The term ‘service-connected’ has the

25 meaning give that term in section 101 of title 38.
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1 ‘‘(2) The term ‘disability rated as total’

2 means—

3 ‘‘(A) a disability that is rated as total

4 under the standard schedule of rating disabil5 ities in use by the Department of Veterans Af6 fairs; or

7 ‘‘(B) a disability for which the scheduled

8 rating is less than total but for which a rating

9 of total is assigned by reason of inability of the

10 disabled person concerned to secure or follow a

11 substantially gainful occupation as a result of

12 service-connected disabilities.

13 ‘‘(3) The term ‘retired pay’ includes retainer

14 pay, emergency officers’ retirement pay, and naval

15 pension.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by adding at the end the following

18 new item:

‘‘1413. Special compensation for certain severely disabled uniformed services retirees.’’.

19 (b) EFFECTIVE DATE.—Section 1413 of title 10,

20 United States Code, as added by subsection (a), shall take

21 effect on October 1, 1999, and shall apply to months that

22 begin on or after that date. No benefit may be paid to

23 any person by reason of that section for any period before

24 that date.
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1 SEC. 660. COMPUTATION OF SURVIVOR BENEFITS.

2 (a) INCREASED BASIC ANNUITY.—(1) Subsection

3 (a)(1)(B)(i) of section 1451 of title 10, United States

4 Code, is amended by striking ‘‘35 percent of the base

5 amount.’’ and inserting ‘‘the product of the base amount

6 and the percent applicable for the month. The percent ap7 plicable for a month is 35 percent for months beginning

8 on or before the date of the enactment of the National

9 Defense Authorization Act for Fiscal Year 2000, 40 per10 cent for months beginning after such date and before Oc11 tober 2004, and 45 percent for months beginning after

12 September 2004.’’.

13 (2) Subsection (a)(2)(B)(i)(I) of such section is

14 amended by striking ‘‘35 percent’’ and inserting ‘‘the per15 cent specified under subsection (a)(1)(B)(i) as being appli16 cable for the month’’.

17 (3) Subsection (c)(1)(B)(i) of such section is

18 amended—

19 (A) by striking ‘‘35 percent’’ and inserting ‘‘the

20 applicable percent’’; and

21 (B) by adding at the end the following: ‘‘The

22 percent applicable for a month under the preceding

23 sentence is the percent specified under subsection

24 (a)(1)(B)(i) as being applicable for the month.’’.
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1 (4) The heading for subsection (d)(2)(A) of such sec2 tion is amended to read as follows: ‘‘COMPUTATION OF AN3 NUITY.—’’.

4 (b) ADJUSTED SUPPLEMENTAL ANNUITY.—Section

5 1457(b) of title 10, United States Code, is amended—

6 (1) by striking ‘‘5, 10, 15, or 20 percent’’ and

7 inserting ‘‘the applicable percent’’; and

8 (2) by inserting after the first sentence the fol9 lowing: ‘‘The percent used for the computation shall

10 be an even multiple of 5 percent and, whatever the

11 percent specified in the election, may not exceed 20

12 percent for months beginning on or before the date

13 of the enactment of the National Defense Authoriza14 tion Act for Fiscal Year 2000, 15 percent for

15 months beginning after that date and before October

16 2004, and 10 percent for months beginning after

17 September 2004.’’.

18 (c) RECOMPUTATION OF ANNUITIES.—(1) Effective

19 on the first day of each month referred to in paragraph

20 (2)—

21 (A) each annuity under section 1450 of title 10,

22 United States Code, that commenced before that

23 month, is computed under a provision of section

24 1451 of that title amended by subsection (a), and is

25 payable for that month shall be recomputed so as to
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1 be equal to the amount that would be in effect if the

2 percent applicable for that month under that provi3 sion, as so amended, had been used for the initial

4 computation of the annuity; and

5 (B) each supplemental survivor annuity under

6 section 1457 of such title that commenced before

7 that month and is payable for that month shall be

8 recomputed so as to be equal to the amount that

9 would be in effect if the percent applicable for that

10 month under that section, as amended by this sec11 tion, had been used for the initial computation of

12 the supplemental survivor annuity.

13 (2) The requirements for recomputation of annuities

14 under paragraph (1) apply with respect to the following

15 months:

16 (A) The first month that begins after the date

17 of the enactment of this Act.

18 (B) October 2004.

19 (d) RECOMPUTATION OF RETIRED PAY REDUCTIONS

20 FOR SUPPLEMENTAL SURVIVOR ANNUITIES.—The Sec21 retary of Defense shall take such actions as are neces22 sitated by the amendments made by subsection (b) and

23 the requirements of subsection (c)(1)(B) to ensure that

24 the reductions in retired pay under section 1460 of title
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1 10, United States Code, are adjusted to achieve the objec2 tives set forth in subsection (b) of that section.

3 Subtitle E—Montgomery GI Bill

4 Benefits and Other Education

5 Benefits

6 PART I—MONTGOMERY GI BILL BENEFITS

7 SEC. 671. INCREASE IN RATES OF EDUCATIONAL ASSIST8 ANCE FOR FULL-TIME EDUCATION.

9 (a) INCREASE.—Section 3015 of title 38, United

10 States Code, is amended—

11 (1) in subsection (a)(1), by striking ‘‘$528’’ and

12 inserting ‘‘$600’’; and

13 (2) in subsection (b)(1), by striking ‘‘$429’’

14 and inserting ‘‘$488’’.

15 (b) EFFECTIVE DATE.—The amendments made by

16 subsection (a) shall take effect on October 1, 1999, and

17 shall apply with respect to educational assistance allow18 ances paid for months after September 1999. However,

19 no adjustment in rates of educational assistance shall be

20 made under subsection (g) of section 3015 of title 38,

21 United States Code, for fiscal year 2000.

22 SEC. 672. TERMINATION OF REDUCTIONS OF BASIC PAY.

23 (a) REPEALS.—(1) Section 3011 of title 38, United

24 States Code, is amended by striking subsection (b).
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1 (2) Section 3012 of such title is amended by striking

2 subsection (c).

3 (3) The amendments made by paragraphs (1) and (2)

4 shall take effect on the date of the enactment of this Act

5 and shall apply to individuals whose initial obligated pe6 riod of active duty under section 3011 or 3012 of title

7 38, United States Code, as the case may be, begins on

8 or after such date.

9 (b) TERMINATION OF REDUCTIONS IN PROGRESS.—

10 Any reduction in the basic pay of an individual referred

11 to in section 3011(b) of title 38, United States Code, by

12 reason of such section 3011(b), or of any individual re13 ferred to in section 3012(c) of such title by reason of such

14 section 3012(c), as of the date of the enactment of this

15 Act shall cease commencing with the first month begin16 ning after such date, and any obligation of such individual

17 under such section 3011(b) or 3012(c), as the case may

18 be, as of the day before such date shall be deemed to be

19 fully satisfied as of such date.

20 (c) CONFORMING AMENDMENT.—Section 3034(e)(1)

21 of title 38, United States Code, is amended in the second

22 sentence by striking ‘‘as soon as practicable’’ and all that

23 follows through ‘‘such additional times’’ and inserting ‘‘at

24 such times’’.
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1 SEC. 673. ACCELERATED PAYMENTS OF EDUCATIONAL AS2 SISTANCE.

3 Section 3014 of title 38, United States Code, is

4 amended—

5 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary

6 shall pay’’; and

7 (2) by adding at the end the following new sub8 section (b):

9 ‘‘(b)(1) Whenever the Secretary determines it appro10 priate under the regulations prescribed pursuant to para11 graph (6), the Secretary may make payments of basic edu12 cational assistance under this subchapter on an acceler13 ated basis.

14 ‘‘(2) The Secretary may pay basic educational assist15 ance on an accelerated basis only to an individual entitled

16 to payment of such assistance under this subchapter who

17 has made a request for payment of such assistance on an

18 accelerated basis.

19 ‘‘(3) If an adjustment under section 3015(g) of this

20 title in the monthly rate of basic educational assistance

21 will occur during a period for which a payment of such

22 assistance is made on an accelerated basis under this sub23 section, the Secretary shall—

24 ‘‘(A) pay on an accelerated basis the amount

25 such assistance otherwise payable under this sub-
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1 chapter for the period without regard to the adjust2 ment under that section; and

3 ‘‘(B) pay on the date of the adjustment any ad4 ditional amount of such assistance that is payable

5 for the period as a result of the adjustment.

6 ‘‘(4) The entitlement to basic educational assistance

7 under this subchapter of an individual who is paid such

8 assistance on an accelerated basis under this subsection

9 shall be charged at a rate equal to one month for each

10 month of the period covered by the accelerated payment

11 of such assistance.

12 ‘‘(5) Basic educational assistance shall be paid on an

13 accelerated basis under this subsection as follows:

14 ‘‘(A) In the case of assistance for a course lead15 ing to a standard college degree, at the beginning of

16 the quarter, semester, or term of the course in a

17 lump-sum amount equivalent to the aggregate

18 amount of monthly assistance otherwise payable

19 under this subchapter for the quarter, semester, or

20 term, as the case may be, of the course.

21 ‘‘(B) In the case of assistance for a course

22 other than a course referred to in subparagraph

23 (A)—

24 ‘‘(i) at the later of (I) the beginning of the

25 course, or (II) a reasonable time after the re-
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1 quest for payment by the individual concerned;

2 and

3 ‘‘(ii) in any amount requested by the indi4 vidual concerned up to the aggregate amount of

5 monthly assistance otherwise payable under this

6 subchapter for the period of the course.

7 ‘‘(6) The Secretary shall prescribe regulations for

8 purposes of making payments of basic educational assist9 ance on an accelerated basis under this subsection. Such

10 regulations shall specify the circumstances under which

11 accelerated payments may be made and include require12 ments relating to the request for, making and delivery of,

13 and receipt and use of such payments.’’.

14 SEC. 674. TRANSFER OF ENTITLEMENT TO EDUCATIONAL

15 ASSISTANCE BY CERTAIN MEMBERS OF THE

16 ARMED FORCES.

17 (a) AUTHORITY TO TRANSFER TO FAMILY MEM18 BERS.—Subchapter II of chapter 30 of title 38, United

19 States Code, is amended by adding at the end the fol20 lowing new section:

21 ‘‘§ 3020. Transfer of entitlement to basic educational

22 assistance: members of the Armed Forces

23 ‘‘(a)(1) Subject to the provisions of this section, the

24 Secretary concerned may, for the purpose of enhancing re25 cruiting and retention and at that Secretary’s sole discre-
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1 tion, permit an individual described in paragraph (2) who

2 is entitled to basic educational assistance under this sub3 chapter to elect to transfer such individual’s entitlement

4 to such assistance, in whole or in part, to the dependents

5 specified in subsection (b).

6 ‘‘(2) An individual referred to in paragraph (1) is any

7 individual who is a member of the Armed Forces at the

8 time of the approval by the Secretary concerned of the

9 individual’s request to transfer entitlement to educational

10 assistance under this section.

11 ‘‘(3) Subject to the time limitation for use of entitle12 ment under section 3031 of this title, an individual ap13 proved to transfer entitlement to educational assistance

14 under this section may transfer such entitlement at any

15 time after the approval of individual’s request to transfer

16 such entitlement without regard to whether the individual

17 is a member of the Armed Forces when the transfer is

18 executed.

19 ‘‘(b) An individual approved to transfer an entitle20 ment to basic educational assistance under this section

21 may transfer the individual’s entitlement to such assist22 ance as follows:

23 ‘‘(1) To the individual’s spouse.

24 ‘‘(2) To one or more of the individual’s chil25 dren.
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1 ‘‘(3) To a combination of the individuals re2 ferred to in paragraphs (1) and (2).

3 ‘‘(c)(1) An individual transferring an entitlement to

4 basic educational assistance under this section shall—

5 ‘‘(A) designate the dependent or dependents to

6 whom such entitlement is being transferred and the

7 percentage of such entitlement to be transferred to

8 each such dependent; and

9 ‘‘(B) specify the period for which the transfer

10 shall be effective for each dependent designated

11 under subparagraph (A).

12 ‘‘(2) The aggregate amount of the entitlement trans13 ferable by an individual under this section may not exceed

14 the aggregate amount of the entitlement of such individual

15 to basic educational assistance under this subchapter.

16 ‘‘(3) An individual transferring an entitlement under

17 this section may modify or revoke the transfer at any time

18 before the use of the transferred entitlement begins. An

19 individual shall make the modification or revocation by

20 submitting written notice of the action to the Secretary

21 concerned.

22 ‘‘(d)(1) The use of any entitlement transferred under

23 this section shall be charged against the entitlement of the

24 individual making the transfer at the rate of one month

25 for each month of transferred entitlement that is used.
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1 ‘‘(2) Except as provided in under subsection

2 (c)(1)(B) and subject to paragraphs (3) and (4), a depend3 ent to whom entitlement is transferred under this section

4 is entitled to basic educational assistance under this sub5 chapter in the same manner and at the same rate as the

6 individual from whom the entitlement was transferred.

7 ‘‘(3) Notwithstanding section 3031 of this title, a

8 child to whom entitlement is transferred under this section

9 may not use any entitlement so transferred after attaining

10 the age of 26 years.

11 ‘‘(4) The administrative provisions of this chapter

12 (including the provisions set forth in section 3034(a)(1)

13 of this title) shall apply to the use of entitlement trans14 ferred under this section, except that the dependent to

15 whom the entitlement is transferred shall be treated as

16 the eligible veteran for purposes of such provisions.

17 ‘‘(e) In the event of an overpayment of basic edu18 cational assistance with respect to a dependent to whom

19 entitlement is transferred under this section, the depend20 ent and the individual making the transfer shall be jointly

21 and severally liable to the United States for the amount

22 of the overpayment for purposes of section 3685 of this

23 title.

24 ‘‘(f) The Secretary of Defense shall prescribe regula25 tions for purposes of this section. Such regulations shall
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1 specify the manner and effect of an election to modify or

2 revoke a transfer of entitlement under subsection (c)(3)

3 and shall specify the manner of the applicability of the

4 administrative provisions referred to in subsection (d)(4)

5 to a dependent to whom entitlement is transferred under

6 this section.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of such chapter is amended by inserting

9 after the item relating to section 3019 the following new

10 item:

‘‘3020. Transfer of entitlement to basic educational assistance: members of the

Armed Forces.’’.

11 SEC. 675. AVAILABILITY OF EDUCATIONAL ASSISTANCE

12 BENEFITS FOR PREPARATORY COURSES FOR

13 COLLEGE AND GRADUATE SCHOOL EN14 TRANCE EXAMS.

15 Section 3002(3) of title 38, United States Code, is

16 amended—

17 (1) by striking ‘‘and’’ at the end of subpara18 graph (A);

19 (2) by striking the period at the end of sub20 paragraph (B) and inserting ‘‘; and’’; and

21 (3) by adding at the end the following:

22 ‘‘(C) includes—
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1 ‘‘(i) a preparatory course for a test that is

2 required or utilized for admission to an institu3 tion of higher education; and

4 ‘‘(ii) a preparatory course for test that is

5 required or utilized for admission to a graduate

6 school.’’.

7 PART II—OTHER EDUCATIONAL BENEFITS

8 SEC. 681. ACCELERATED PAYMENTS OF CERTAIN EDU9 CATIONAL ASSISTANCE FOR MEMBERS OF SE10 LECTED RESERVE.

11 Section 16131 of title 10, United States Code, is

12 amended by adding at the end the following new sub13 section:

14 ‘‘(j)(1) Whenever a person entitled to an educational

15 assistance allowance under this chapter so requests and

16 the Secretary concerned, in consultation with the Chief of

17 the reserve component concerned, determines it appro18 priate, the Secretary may make payments of the edu19 cational assistance allowance to the person on an acceler20 ated basis.

21 ‘‘(2) An educational assistance allowance shall be

22 paid to a person on an accelerated basis under this sub23 section as follows:

24 ‘‘(A) In the case of an allowance for a course

25 leading to a standard college degree, at the begin-
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1 ning of the quarter, semester, or term of the course

2 in a lump-sum amount equivalent to the aggregate

3 amount of monthly allowance otherwise payable

4 under this chapter for the quarter, semester, or

5 term, as the case may be, of the course.

6 ‘‘(B) In the case of an allowance for a course

7 other than a course referred to in subparagraph

8 (A)—

9 ‘‘(i) at the later of (I) the beginning of the

10 course, or (II) a reasonable time after the Sec11 retary concerned receives the person’s request

12 for payment on an accelerated basis; and

13 ‘‘(ii) in any amount requested by the per14 son up to the aggregate amount of monthly al15 lowance otherwise payable under this chapter

16 for the period of the course.

17 ‘‘(3) If an adjustment in the monthly rate of edu18 cational assistance allowances will be made under sub19 section (b)(2) during a period for which a payment of the

20 allowance is made to a person on an accelerated basis, the

21 Secretary concerned shall—

22 ‘‘(A) pay on an accelerated basis the amount of

23 the allowance otherwise payable for the period with24 out regard to the adjustment under that subsection;

25 and
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1 ‘‘(B) pay on the date of the adjustment any ad2 ditional amount of the allowance that is payable for

3 the period as a result of the adjustment.

4 ‘‘(4) A person’s entitlement to an educational assist5 ance allowance under this chapter shall be charged at a

6 rate equal to one month for each month of the period cov7 ered by an accelerated payment of the allowance to the

8 person under this subsection.

9 ‘‘(5) The regulations prescribed by the Secretary of

10 Defense and the Secretary of Transportation under sub11 section (a) shall provide for the payment of an educational

12 assistance allowance on an accelerated basis under this

13 subsection. The regulations shall specify the circumstances

14 under which accelerated payments may be made and the

15 manner of the delivery, receipt, and use of the allowance

16 so paid.

17 ‘‘(6) In this subsection, the term ‘Chief of the reserve

18 component concerned’ means the following:

19 ‘‘(A) The Chief of Army Reserve, with respect

20 to members of the Army Reserve.

21 ‘‘(B) the Chief of Naval Reserve, with respect

22 to members of the Naval Reserve.

23 ‘‘(C) The Chief of Air Force Reserve, with re24 spect to members of the Air Force Reserve.
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1 ‘‘(D) The Commander, Marine Reserve Forces,

2 with respect to members of the Marine Corps Re3 serve.

4 ‘‘(E) The Chief of the National Guard Bureau,

5 with respect to members of the Army National

6 Guard and the Air National Guard.

7 ‘‘(F) The Commandant of the Coast Guard,

8 with respect to members of the Coast Guard Re9 serve.’’.

10 SEC. 682. MODIFICATION OF TIME FOR USE BY CERTAIN

11 MEMBERS OF SELECTED RESERVE OF ENTI12 TLEMENT TO CERTAIN EDUCATIONAL AS13 SISTANCE.

14 Section 16133(b) of title 10, United States Code, is

15 amended by adding at the end the following new para16 graph:

17 ‘‘(5)(A) In the case of a person who continues to

18 serve as member of the Selected Reserve as of the end

19 of the 10-year period applicable to the person under sub20 section (a), as extended, if at all, under paragraph (4),

21 the period during which the person may use the person’s

22 entitlement shall expire at the end of the 5-year period

23 beginning on the date the person is separated from the

24 Selected Reserve.
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1 ‘‘(B) The provisions of paragraph (4) shall apply with

2 respect to any period of active duty of a person referred

3 to in subparagraph (A) during the 5-year period referred

4 to in that subparagraph.’’.

5 PART III—REPORT

6 SEC. 685. REPORT ON EFFECT OF EDUCATIONAL BENEFITS

7 IMPROVEMENTS ON RECRUITMENT AND RE8 TENTION OF MEMBERS OF THE ARMED

9 FORCES.

10 Not later than one year after the date of the enact11 ment of this Act, the Secretary of Defense shall submit

12 to the congressional defense committees a report assessing

13 the effects of the provisions of this subtitle, and the

14 amendments made by such provisions, on the recruitment

15 and retention of the members of the Armed Forces. The

16 report shall include such recommendations (including rec17 ommendations for legislative action) as the Secretary con18 siders appropriate.

19 Subtitle F—Other Matters

20 SEC. 691. ANNUAL REPORT ON EFFECTS OF INITIATIVES

21 ON RECRUITMENT AND RETENTION.

22 (a) REQUIREMENT FOR REPORT.—On December 1 of

23 each year, the Secretary of Defense shall submit to Con24 gress a report that sets forth the Secretary’s assessment

25 of the effects that the improved pay and other benefits
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1 under this title and under the amendments made by this

2 title are having on recruitment and retention of personnel

3 for the Armed Forces.

4 (b) FIRST REPORT.—The first report under this sec5 tion shall be submitted not later than December 1, 2000.

6 SEC. 692. MEMBERS UNDER BURDENSOME PERSTEMPO.

7 (a) MANAGEMENT OF DEPLOYMENTS OF INDIVID8 UALS.—Part II of subtitle A of title 10, United States

9 Code, is amended by inserting after chapter 49 the fol10 lowing:

11 ‘‘CHAPTER 50—MISCELLANEOUS

12 COMMAND RESPONSIBILITIES

‘‘Sec.

‘‘991. Management of deployments of members.

13 ‘‘§ 991. Management of deployments of members

14 ‘‘(a) GENERAL OR FLAG OFFICER RESPONSIBIL15 ITIES.—The first general officer or flag officer in the

16 chain of command of a member of the armed forces shall

17 manage a deployment of the member when the total num18 ber of the days on which the member has been deployed

19 out of 365 consecutive days is in excess of 180 days. That

20 officer shall ensure that the member is not deployed or

21 continued in a deployment on any day on which the total

22 number of the days on which the member has been de23 ployed would exceed 200 out of 365 consecutive days un24 less a general or flag officer in the grade of general or
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1 admiral in the member’s chain of command approves the

2 deployment or continued deployment of the member.

3 ‘‘(b) DEPLOYMENT DEFINED.—(1) For the purposes

4 of this section, a member of the armed forces is deployed

5 or in a deployment on any day on which, pursuant to or6 ders, the member is performing service in a training exer7 cise or operation at a location or under circumstances that

8 make it infeasible for the member to spend off-duty time

9 in the housing in which the member resides when on garri10 son duty at the member’s permanent duty station.

11 ‘‘(2) For the purposes of this section, a member is

12 not deployed or in a deployment when performing service

13 as a student or trainee at a school (including any Federal

14 Government school) or performing administrative, guard,

15 or detail duties in garrison at the member’s permanent

16 duty station.

17 ‘‘(c) RECORDKEEPING.—The Secretary of each mili18 tary department shall establish a system for tracking and

19 recording the number of days that each member of an

20 armed force under the jurisdiction of the Secretary is de21 ployed.

22 ‘‘(d) NATIONAL SECURITY WAIVER AUTHORITY.—

23 The Secretary of Defense may suspend the applicability

24 of this section to a member or any group of members when
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1 the Secretary determines that it is necessary to do so in

2 the national security interests of the United States.

3 ‘‘(e) INAPPLICABILITY TO COAST GUARD.—This sec4 tion does not apply to a member of the Coast Guard when

5 the Coast Guard is not operating as a service in the

6 Navy.’’.

7 (b) PER DIEM ALLOWANCE FOR LENGTHY OR NU8 MEROUS DEPLOYMENTS.—Chapter 7 of title 37, United

9 States Code, is amended by adding at the end the fol10 lowing new section:

11 ‘‘§ 435. Per diem allowance for lengthy or numerous

12 deployments

13 ‘‘(a) PER DIEM REQUIRED.—The Secretary of the

14 military department concerned shall pay a per diem allow15 ance to a member of an armed force for each day that

16 the member is deployed in excess of 220 days out of 365

17 consecutive days.

18 ‘‘(b) DEFINITION OF DEPLOYED.—In this section,

19 the term ‘deployed’, with respect to a member, means that

20 the member is deployed or in a deployment within the

21 meaning of section 991(b) of title 10.

22 ‘‘(c) AMOUNT OF PER DIEM.—The amount of the per

23 diem payable to a member under this section is $100.

24 ‘‘(d) PAYMENT OF CLAIMS.—A claim of a member

25 for payment of the per diem allowance that is not fully
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1 substantiated by the applicable recordkeeping system ap2 plicable to the member under section 991(c) of title 10

3 shall be paid if the member furnishes the Secretary con4 cerned with other evidence determined by the Secretary

5 as being sufficient to substantiate the claim.

6 ‘‘(e) RELATIONSHIP TO OTHER ALLOWANCES.—Any

7 per diem payable to a member under this section is in ad8 dition to any other per diem, allowance, special pay, or

9 incentive that is payable to the member under any other

10 provision of law.

11 ‘‘(f) NATIONAL SECURITY WAIVER.—No per diem

12 may be paid under this section to a member of an armed

13 force for any day on which the applicability of section 991

14 of title 10 to the member is suspended under subsection

15 (d) of such section.

16 ‘‘(g) INAPPLICABILITY TO COAST GUARD.—This sec17 tion does not apply to a member of the Coast Guard when

18 the Coast Guard is not operating as a service in the

19 Navy.’’.

20 (c) CLERICAL AMENDMENTS.—(1) The tables of

21 chapters at the beginning of subtitle A of title 10, United

22 States Code, and the beginning of part II of such subtitle

23 are amended by inserting after the item relating to chap24 ter 49 the following:

‘‘50. Miscellaneous Command Responsibilities ...................... 991’’.
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1 (2) The table of sections at the beginning of chapter

2 7 of title 37, United States Code, is amended by inserting

3 after the item relating to section 434 the following:

‘‘435. Per diem allowance for lengthy or numerous deployments.’’.

4 (d) APPLICABILITY AND IMPLEMENTATION.—(1)

5 Section 991 of title 10, United States Code (as added by

6 subsection (a)), and section 435 of title 37, United States

7 Code (as added by subsection (b)), shall apply with respect

8 to service performed after September 30, 2000.

9 (2) Not later than June 1, 2000, the Secretary of

10 each military department shall prescribe in regulations the

11 policies and procedures for implementing such provisions

12 of law for that military department.

13 SEC. 693. INCREASED TUITION ASSISTANCE FOR MEMBERS

14 OF THE ARMED FORCES DEPLOYED IN SUP15 PORT OF A CONTINGENCY OPERATION OR

16 SIMILAR OPERATION.

17 (a) INAPPLICABILITY OF LIMITATION ON AMOUNT.—

18 Section 2007(a) of title 10, United States Code, is

19 amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (2);

22 (2) by striking the period at the end of para23 graph (3) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following:
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1 ‘‘(4) in the case of a member deployed outside

2 the United States in support of a contingency oper3 ation or similar operation, all of the charges may be

4 paid while the member is so deployed.’’.

5 (b) INCREASED AUTHORITY SUBJECT TO APPRO6 PRIATIONS.—The authority to pay additional tuition as7 sistance under paragraph (4) of section 2007(a) of title

8 10, United States Code, as added by subsection (a), may

9 be exercised only to the extent provided for in appropria10 tions Acts.

11 SEC. 694. ADMINISTRATION OF SELECTED RESERVE EDU12 CATION LOAN REPAYMENT PROGRAM FOR

13 COAST GUARD RESERVE.

14 Subsection (a)(1) of section 16301 of title 10, United

15 States Code, is amended by inserting after ‘‘the Secretary

16 of Defense’’ the following: ‘‘, or the Secretary of Transpor17 tation in the case of a member of the Selected Reserve

18 of the Coast Guard Reserve when the Coast Guard is not

19 operating as a service in the Navy,’’.

20 SEC. 695. EXTENSION TO ALL UNIFORMED SERVICES OF

21 AUTHORITY FOR PRESENTATION OF UNITED

22 STATES FLAG TO MEMBERS UPON RETIRE23 MENT.

24 (a) PUBLIC HEALTH SERVICE.—Section 221 of the

25 Public Health Service Act (42 U.S.C. 213a) is amended—
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1 (1) by adding at the end of subsection (a) the

2 following:

3 ‘‘(17) Section 6141, Presentation of United

4 States flag upon retirement.’’; and

5 (2) in subsection (b), by inserting ‘‘the Sec6 retary of a military department,’’ after ‘‘ ‘the Sec7 retary concerned’,’’.

8 (b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN9 ISTRATION.—Section 3 of the Act entitled ‘‘An Act to re10 vise, codify, and enact into law, title 10 of the United

11 States Code, entitled ‘Armed Forces’, and title 32 of the

12 United States Code, entitled ‘National Guard’ ’’, approved

13 August 10, 1956 (33 U.S.C. 857a), is amended—

14 (1) by adding at the end of subsection (a) the

15 following:

16 ‘‘(17) Section 6141, Presentation of United

17 States flag upon retirement.’’; and

18 (2) in subsection (b), by inserting ‘‘the Sec19 retary of a military department,’’ after ‘‘ ‘the Sec20 retary concerned’,’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 subsections (a) and (b) shall take effect as of October 1,

23 1998, and shall apply with respect to releases from active

24 duty for retirement on or after that date from service in

25 the commissioned Regular Corps of the Public Health
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1 Service or for service as a commissioned officer of the Na2 tional Oceanic and Atmospheric Administration on the ac3 tive list, as the case may be.

4 SEC. 696. PARTICIPATION OF ADDITIONAL MEMBERS OF

5 THE ARMED FORCES IN MONTGOMERY GI

6 BILL PROGRAM.

7 (a) PARTICIPATION AUTHORIZED.—(1) Subchapter

8 II of chapter 30 of title 38, United States Code, is amend9 ed by inserting after section 3018C the following new sec10 tion:

11 ‘‘§ 3018D. Opportunity to enroll: certain VEAP par12 ticipants; active duty personnel not pre13 viously enrolled

14 ‘‘(a) Notwithstanding any other provision of law, an

15 individual who—

16 ‘‘(1) either—

17 ‘‘(A)(i) is a participant on the date of the

18 enactment of this section in the educational

19 benefits program provided by chapter 32 of this

20 title; or

21 ‘‘(ii) disenrolled from participation in that

22 program before that date; or

23 ‘‘(B) has made an election under section

24 3011(c)(1) or 3012(d)(1) of this title not to re25 ceive educational assistance under this chapter
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1 and has not withdrawn that election under sec2 tion 3018(a) of this title as of the date of the

3 enactment of this section;

4 ‘‘(2) is serving on active duty (excluding periods

5 referred to in section 3202(1)(C) of this title in the

6 case of an individual described in paragraph (1)(A))

7 on the date of the enactment of this section;

8 ‘‘(3) before applying for benefits under this sec9 tion, has completed the requirements of a secondary

10 school diploma (or equivalency certificate) or has

11 successfully completed the equivalent of 12 semester

12 hours in a program of education leading to a stand13 ard college degree;

14 ‘‘(4) if discharged or released from active duty

15 before the date on which the individual makes an

16 election described in paragraph (5), is discharged

17 with an honorable discharge or released with service

18 characterized as honorable by the Secretary con19 cerned; and

20 ‘‘(5) during the one-year period beginning on

21 the date of the enactment of this section, makes an

22 irrevocable election to receive benefits under this sec23 tion in lieu of benefits under chapter 32 of this title

24 or withdraws the election made under section

25 3011(c)(1) or 3012(d)(1) of this title, as the case
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1 may be, pursuant to procedures which the Secretary

2 of each military department shall provide in accord3 ance with regulations prescribed by the Secretary of

4 Defense for the purpose of carrying out this section

5 or which the Secretary of Transportation shall pro6 vide for such purpose with respect to the Coast

7 Guard when it is not operating as a service in the

8 Navy;

9 is entitled to basic educational assistance under this chap10 ter.

11 ‘‘(b)(1) Except as provided in paragraphs (2) and

12 (3), in the case of an individual who makes an election

13 under subsection (a)(5) to become entitled to basic edu14 cational assistance under this chapter—

15 ‘‘(A) the basic pay of the individual shall be re16 duced (in a manner determined by the Secretary of

17 Defense) until the total amount by which such basic

18 pay is reduced is—

19 ‘‘(i) $1,200, in the case of an individual

20 described in subsection (a)(1)(A); or

21 ‘‘(ii) $1,500, in the case of an individual

22 described in subsection (a)(1)(B); or

23 ‘‘(B) to the extent that basic pay is not so re24 duced before the individual’s discharge or release

25 from active duty as specified in subsection (a)(4),
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1 the Secretary shall collect from the individual an

2 amount equal to the difference between the amount

3 specified for the individual under subparagraph (A)

4 and the total amount of reductions with respect to

5 the individual under that subparagraph, which shall

6 be paid into the Treasury of the United States as

7 miscellaneous receipts.

8 ‘‘(2) In the case of an individual previously enrolled

9 in the educational benefits program provided by chapter

10 32 of this title, the Secretary shall reduce the total amount

11 of the reduction in basic pay otherwise required by para12 graph (1) by an amount equal to so much of the unused

13 contributions made by the individual to the Post-Vietnam

14 Era Veterans Education Account under section 3222(a)

15 of this title as do not exceed $1,200.

16 ‘‘(3) An individual may at any time pay the Secretary

17 an amount equal to the difference between the total of

18 the reductions otherwise required with respect to the indi19 vidual under this subsection and the total amount of the

20 reductions with respect to the individual under this sub21 section at the time of the payment. Amounts paid under

22 this paragraph shall be paid into the Treasury of the

23 United States as miscellaneous receipts.

24 ‘‘(c)(1) Except as provided in paragraph (3), an indi25 vidual who is enrolled in the educational benefits program
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1 provided by chapter 32 of this title and who makes the

2 election described in subsection (a)(5) shall be disenrolled

3 from the program as of the date of such election.

4 ‘‘(2) For each individual who is disenrolled from such

5 program, the Secretary shall refund—

6 ‘‘(A) to the individual in the manner provided

7 in section 3223(b) of this title so much of the un8 used contributions made by the individual to the

9 Post-Vietnam Era Veterans Education Account as

10 are not used to reduce the amount of the reduction

11 in the individual’s basic pay under subsection (b)(2);

12 and

13 ‘‘(B) to the Secretary of Defense the unused

14 contributions (other than contributions made under

15 section 3222(c) of this title) made by such Secretary

16 to the Account on behalf of such individual.

17 ‘‘(3) Any contribution made by the Secretary of De18 fense to the Post-Vietnam Era Veterans Education Ac19 count pursuant to section 3222(c) of this title on behalf

20 of an individual referred to in paragraph (1) shall remain

21 in such account to make payments of benefits to the indi22 vidual under section 3015(f) of this title.

23 ‘‘(d)(1) The requirements of sections 3011(a)(3) and

24 3012(a)(3) of this title shall apply to an individual who

25 makes an election described in subsection (a)(5), except
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1 that the completion of service referred to in such section

2 shall be the completion of the period of active duty being

3 served by the individual on the date of the enactment of

4 this section.

5 ‘‘(2) The procedures provided in regulations referred

6 to in subsection (a) shall provide for notice of the require7 ments of subparagraphs (B), (C), and (D) of section

8 3011(a)(3) of this title and of subparagraphs (B), (C),

9 and (D) of section 3012(a)(3) of this title. Receipt of such

10 notice shall be acknowledged in writing.’’.

11 (2) The table of sections at the beginning of chapter

12 30 of that title is amended by inserting after the item re13 lating to section 3018C the following new item:

‘‘3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled.’’.

14 (b) CONFORMING AMENDMENT.—Section 3015(f) of

15 that title is amended by striking ‘‘or 3018C’’ and inserting

16 ‘‘3018C, or 3018D’’.

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that any law enacted after the date of the enactment

19 of this Act which includes provisions terminating or reduc20 ing the contributions of members of the Armed Forces for

21 basic educational assistance under subchapter II of chap22 ter 30 of title 38, United States Code, should terminate

23 or reduce by an identical amount the contributions of

24 members of the Armed Forces for such assistance under
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1 section of section 3018D of that title, as added by sub2 section (a).

3 SEC. 697. REVISION OF EDUCATIONAL ASSISTANCE INTER4 VAL PAYMENT REQUIREMENTS.

5 (a) IN GENERAL.—Clause (C) of the third sentence

6 of section 3680(a) of title 38, United States Code, is

7 amended to read as follows:

8 ‘‘(C) during periods between school terms where

9 the educational institution certifies the enrollment of

10 the eligible veteran or eligible person on an indi11 vidual term basis if (i) the period between such

12 terms does not exceed eight weeks, and (ii) both the

13 term preceding and the term following the period are

14 not shorter in length than the period.’’.

15 (b) EFFECTIVE DATE.—The amendment made by

16 subsection (a) shall apply with respect to payments of edu17 cational assistance under title 38, United States Code, for

18 months beginning on or after the date of the enactment

19 of this Act.

20 SEC. 698. IMPLEMENTATION OF THE SPECIAL SUPPLE21 MENTAL NUTRITION PROGRAM.

22 (a) CLARIFICATION OF BENEFITS RESPONSI23 BILITY.—Subsection (a) of section 1060a of title 10,

24 United States Code, is amended by striking ‘‘may carry

25 out a program to provide special supplemental food bene-
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1 fits’’ and inserting ‘‘shall carry out a program to provide

2 supplemental foods and nutrition education’’.

3 (b) FUNDING.—Subsection (b) of such section is

4 amended to read as follows:

5 ‘‘(b) FEDERAL PAYMENTS.—The Secretary of De6 fense shall use funds available for the Department of De7 fense to provide supplemental foods and nutrition edu8 cation and to pay for costs for nutrition services and ad9 ministration under the program required under subsection

10 (a).’’.

11 (c) PROGRAM ADMINISTRATION.—Subsection

12 (c)(1)(A) of such section is amended by adding at the end

13 the following: ‘‘In the determining of eligibility for the pro14 gram benefits, a person already certified for participation

15 in the special supplemental nutrition program for women,

16 infants, and children under section 17 of the Child Nutri17 tion Act of 1996 (42 U.S.C. 1786) shall be considered eli18 gible for the duration of the certification period under that

19 program.’’.

20 (d) NUTRITIONAL RISK STANDARDS.—Subsection

21 (c)(1)(B) of such section is amended by inserting ‘‘and

22 nutritional risk standards’’ after ‘‘income eligibility stand23 ards’’.

24 (e) DEFINITIONS.—Subsection (f) of such section is

25 amended by adding at the end the following:
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1 ‘‘(4) The terms ‘costs for nutrition services and

2 administration’, ‘nutrition education’ and ‘supple3 mental foods’ have the meanings given the terms in

4 paragraphs (4), (7), and (14), respectively, of sec5 tion 17(b) of the Child Nutrition Act of 1966 (42

6 U.S.C. 1786(b)).’’.

7 TITLE VII—HEALTH CARE

8 Subtitle A—TRICARE Program

9 SEC. 701. IMPROVEMENT OF TRICARE BENEFITS AND MAN10 AGEMENT.

11 (a) IMPROVEMENT OF TRICARE PROGRAM.—(1)

12 Chapter 55 of title 10, United States Code, is amended

13 by inserting after section 1097a the following:

14 ‘‘§ 1097b. TRICARE: benefits and services

15 ‘‘(a) COMPARABILITY TO FEHBP BENEFITS.—The

16 Secretary of Defense shall, to the maximum extent prac17 ticable, ensure that the health care coverage available

18 through the TRICARE program is substantially similar

19 to the health care coverage available under similar health

20 benefits plans offered under the Federal Employees

21 Health Benefits program established under chapter 89 of

22 title 5.

23 ‘‘(b) PORTABILITY.—The Secretary of Defense shall

24 provide that any covered beneficiary enrolled in the

25 TRICARE program may receive benefits under that pro-
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1 gram at facilities that provide benefits under that program

2 throughout the various regions of that program.

3 ‘‘(c) ACCESS.—(1) The Secretary of Defense shall, to

4 the maximum extent practicable, minimize the authoriza5 tion or certification requirements imposed upon covered

6 beneficiaries under the TRICARE program as a condition

7 of access to benefits under that program.

8 ‘‘(2) The Secretary of Defense shall, to the maximum

9 extent practicable, utilize practices for processing claims

10 under the TRICARE program that are similar to the best

11 industry practices for processing claims for health care

12 services in a simplified and expedited manner. To the max13 imum extent practicable, such practices shall include elec14 tronic processing of claims.

15 ‘‘(d) CONSULTATION REQUIREMENT.—The Secretary

16 of Defense shall carry out the responsibilities under this

17 section after consultation with the other administering

18 Secretaries.

19 ‘‘§ 1097c. TRICARE: financial management

20 ‘‘(a) REIMBURSEMENT OF PROVIDERS.—(1) Subject

21 to paragraph (2), the Secretary of Defense may reimburse

22 health care providers under the TRICARE program at

23 rates higher than the reimbursement rates otherwise au24 thorized for the providers under that program if the Sec25 retary determines that application of the higher rates is
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1 necessary in order to ensure the availability of an adequate

2 number of qualified health care providers under that pro3 gram.

4 ‘‘(2) The amount of reimbursement provided under

5 paragraph (1) with respect to a health care service may

6 not exceed the lesser of—

7 ‘‘(A) the amount equal to the local usual and

8 customary charge for the service in the service area

9 (as determined by the Secretary) in which the serv10 ice is provided; or

11 ‘‘(B) the amount equal to 115 per cent of the

12 CHAMPUS maximum allowable charge for the serv13 ice.

14 ‘‘(b) THIRD-PARTY COLLECTIONS.—(1) A medical

15 treatment facility of the uniformed services under the

16 TRICARE program has the same right as the United

17 States under section 1095 of this title to collect from a

18 third-party payer the reasonable costs of health care serv19 ices described in paragraph (2) that are incurred by the

20 facility on behalf of a covered beneficiary under that pro21 gram.

22 ‘‘(2) The Secretary of Defense shall prescribe regula23 tions for the administration of this subsection. The regula24 tions shall set forth the method to be used for the com25 putation of the reasonable costs of inpatient, outpatient,
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1 and other health care services. The method of computation

2 may be—

3 ‘‘(A) a method that is based on—

4 ‘‘(i) per diem rates;

5 ‘‘(ii) all-inclusive rates for each visit;

6 ‘‘(iii) diagnosis-related groups; or

7 ‘‘(iv) rates prescribed under the regulations

8 implementing sections 1079 and 1086 of this

9 title; or

10 ‘‘(B) any other method considered appropriate.

11 ‘‘(c) CONSULTATION REQUIREMENT.—The Secretary

12 of Defense shall carry out the responsibilities under this

13 section after consultation with the other administering

14 Secretaries.’’.

15 (2) The table of sections at the beginning of chapter

16 55 of such title is amended by inserting after the item

17 relating to section 1097a the following new item:

‘‘1097b. TRICARE: benefits and services.

‘‘1097c. TRICARE: financial management.’’.

18 (b) EFFECTIVE DATE.—The amendments made by

19 subsection (a) shall take effect one year after the date of

20 the enactment of this Act.

21 (c) REPORT ON IMPLEMENTATION.—(1) Not later

22 than 6 months after the date of the enactment of this Act,

23 the Secretary of Defense, in consultation with the other

24 administering Secretaries, shall submit to Congress a re-
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1 port assessing the effects of the implementation of the re2 quirements and authorities set forth in sections 1097b and

3 1097c of title 10, United States Code (as added by sub4 section (a)).

5 (2) The report shall include the following:

6 (A) An assessment of the cost of the implemen7 tation of such requirements and authorities.

8 (B) An assessment of whether the implementa9 tion of any such requirements and authorities will

10 result in the utilization by the TRICARE program

11 of the best industry practices with respect to the

12 matters covered by such requirements and authori13 ties.

14 (3) In this subsection, the term ‘‘administering Secre15 taries’’ has the meaning given that term in section

16 1072(3) of title 10, United States Code.

17 SEC. 702. EXPANSION AND REVISION OF AUTHORITY FOR

18 DENTAL PROGRAMS FOR DEPENDENTS AND

19 RESERVES.

20 (a) AUTHORITY.—Chapter 55 of title 10, United

21 States Code, is amended by striking sections 1076a and

22 1076b and inserting the following:

23 ‘‘§ 1076a. TRICARE dental program

24 ‘‘(a) ESTABLISHMENT OF DENTAL PLANS.—The

25 Secretary of Defense may establish, and in the case of the
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1 dental plan described in paragraph (1) shall establish, the

2 following voluntary enrollment dental plans:

3 ‘‘(1) PLAN FOR SELECTED RESERVE AND INDI4 VIDUAL READY RESERVE.—A dental insurance plan

5 for members of the Selected Reserve of the Ready

6 Reserve and for members of the Individual Ready

7 Reserve described in subsection 10144(b) of this

8 title.

9 ‘‘(2) PLAN FOR OTHER RESERVES.—A dental

10 insurance plan for members of the Individual Ready

11 Reserve not eligible to enroll in the plan established

12 under paragraph (1).

13 ‘‘(3) PLAN FOR ACTIVE DUTY DEPENDENTS.—

14 Dental benefits plans for eligible dependents of

15 members of the uniformed services who are on active

16 duty for a period of more than 30 days.

17 ‘‘(4) PLAN FOR READY RESERVE DEPEND18 ENTS.—A dental benefits plan for eligible depend19 ents of members of the Ready Reserve of the reserve

20 components who are not on active duty for more

21 than 30 days.

22 ‘‘(b) ADMINISTRATION OF PLANS.—The plans estab23 lished under this section shall be administered under regu24 lations prescribed by the Secretary of Defense in consulta25 tion with the other administering Secretaries.
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1 ‘‘(c) CARE AVAILABLE UNDER PLANS.—Dental plans

2 established under subsection (a) may provide for the fol3 lowing dental care:

4 ‘‘(1) Diagnostic, oral examination, and preven5 tive services and palliative emergency care.

6 ‘‘(2) Basic restorative services of amalgam and

7 composite restorations, stainless steel crowns for pri8 mary teeth, and dental appliance repairs.

9 ‘‘(3) Orthodontic services, crowns, gold fillings,

10 bridges, complete or partial dentures, and such other

11 services as the Secretary of Defense considers to be

12 appropriate.

13 ‘‘(d) PREMIUMS.—

14 ‘‘(1) PREMIUM SHARING PLANS.—(A) The den15 tal insurance plan established under subsection

16 (a)(1) and the dental benefits plans established

17 under subsection (a)(3) are premium sharing plans.

18 ‘‘(B) Members enrolled in a premium sharing

19 plan for themselves or for their dependents shall be

20 required to pay a share of the premium charged for

21 the benefits provided under the plan. The member’s

22 share of the premium charge may not exceed $20

23 per month for the enrollment.

24 ‘‘(C) Effective as of January 1 of each year, the

25 amount of the premium required under subpara-
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1 graph (A) shall be increased by the percent equal to

2 the lesser of—

3 ‘‘(i) the percent by which the rates of basic

4 pay of members of the uniformed services are

5 increased on such date; or

6 ‘‘(ii) the sum of one-half percent and the

7 percent computed under section 5303(a) of title

8 5 for the increase in rates of basic pay for stat9 utory pay systems for pay periods beginning on

10 or after such date.

11 ‘‘(D) The Secretary of Defense may reduce the

12 monthly premium required to be paid under para13 graph (1) in the case of enlisted members in pay

14 grade E–1, E–2, E–3, or E–4 if the Secretary deter15 mines that such a reduction is appropriate to assist

16 such members to participate in a dental plan re17 ferred to in subparagraph (A).

18 ‘‘(2) FULL PREMIUM PLANS.—(A) The dental

19 insurance plan established under subsection (a)(2)

20 and the dental benefits plan established under sub21 section (a)(4) are full premium plans.

22 ‘‘(B) Members enrolled in a full premium plan

23 for themselves or for their dependents shall be re24 quired to pay the entire premium charged for the

25 benefits provided under the plan.
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1 ‘‘(3) PAYMENT PROCEDURES.—A member’s

2 share of the premium for a plan established under

3 subsection (a) may be paid by deductions from the

4 basic pay of the member and from compensation

5 paid under section 206 of title 37, as the case may

6 be. The regulations prescribed under subsection (b)

7 shall specify the procedures for payment of the pre8 miums by enrollees who do not receive such pay.

9 ‘‘(e) COPAYMENTS UNDER PREMIUM SHARING

10 PLANS.—A member or dependent who receives dental care

11 under a premium sharing plan referred to in subsection

12 (d)(1) shall—

13 ‘‘(1) in the case of care described in subsection

14 (c)(1), pay no charge for the care;

15 ‘‘(2) in the case of care described in subsection

16 (c)(2), pay 20 percent of the charges for the care;

17 and

18 ‘‘(3) in the case of care described in subsection

19 (c)(3), pay a percentage of the charges for the care

20 that is determined appropriate by the Secretary of

21 Defense, after consultation with the other admin22 istering Secretaries.

23 ‘‘(f) TRANSFER OF MEMBERS.—If a member whose

24 dependents are enrolled in the plan established under sub25 section (a)(3) is transferred to a duty station where dental
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1 care is provided to the member’s eligible dependents under

2 a program other than that plan, the member may dis3 continue participation under the plan. If the member is

4 later transferred to a duty station where dental care is

5 not provided to such member’s eligible dependents except

6 under the plan established under subsection (a)(3), the

7 member may re-enroll the dependents in that plan.

8 ‘‘(g) CARE OUTSIDE THE UNITED STATES.—The

9 Secretary of Defense may exercise the authority provided

10 under subsection (a) to establish dental insurance plans

11 and dental benefits plans for dental benefits provided out12 side the United States for the eligible members and de13 pendents of members of the uniformed services. In the

14 case of such an overseas dental plan, the Secretary may

15 waive or reduce any copayments required by subsection

16 (e) to the extent the Secretary determines appropriate for

17 the effective and efficient operation of the plan.

18 ‘‘(h) WAIVER OF REQUIREMENTS FOR SURVIVING

19 DEPENDENTS.—The Secretary of Defense may waive (in

20 whole or in part) any requirements of a dental plan estab21 lished under this section as the Secretary determines nec22 essary for the effective administration of the plan for a

23 dependent who is an eligible dependent described in sub24 section (k)(2).
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1 ‘‘(i) AUTHORITY SUBJECT TO APPROPRIATIONS.—

2 The authority of the Secretary of Defense to enter into

3 a contract under this section for any fiscal year is subject

4 to the availability of appropriations for that purpose.

5 ‘‘(j) LIMITATION ON REDUCTION OF BENEFITS.—

6 The Secretary of Defense may not reduce benefits pro7 vided under a plan established under this section until—

8 ‘‘(1) the Secretary provides notice of the Sec9 retary’s intent to reduce such benefits to the Com10 mittees on Armed Services of the Senate and the

11 House of Representatives; and

12 ‘‘(2) one year has elapsed following the date of

13 such notice.

14 ‘‘(k) ELIGIBLE DEPENDENT DEFINED.—In this sec15 tion, the term ‘eligible dependent’—

16 ‘‘(1) means a dependent described in subpara17 graph (A), (D), or (I) of section 1072(2) of this

18 title; and

19 ‘‘(2) includes any such dependent of a member

20 who dies while on active duty for a period of more

21 than 30 days or a member of the Ready Reserve if

22 the dependent is enrolled on the date of the death

23 of the member in a dental benefits plan established

24 under subsection (a), except that the term does not

25 include the dependent after the end of the one-year
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1 period beginning on the date of the member’s

2 death.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 55 of such title is amended

5 by striking out the items relating to sections 1076a and

6 1076b and inserting the following:

‘‘1076a. TRICARE dental program.’’.

7 SEC. 703. SENSE OF CONGRESS REGARDING AUTOMATIC

8 ENROLLMENT OF MEDICARE-ELIGIBLE BENE9 FICIARIES IN THE TRICARE SENIOR PRIME

10 DEMONSTRATION PROGRAM.

11 It is the sense of Congress that—

12 (1) any person who is enrolled in a managed

13 health care program of the Department of Defense

14 where the TRICARE Senior Prime demonstration

15 program is implemented and who attains eligibility

16 for medicare should be automatically authorized to

17 enroll in the TRICARE Senior Prime demonstration

18 program; and

19 (2) the Secretary of Defense, in coordination

20 with the other administering Secretaries referred to

21 in section 1072(3) of title 10, United States Code,

22 should modify existing policies and procedures for

23 the TRICARE Senior Prime demonstration program

24 as necessary to permit the automatic enrollment.
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1 SEC. 704. TRICARE BENEFICIARY ADVOCATES.

2 (a) ESTABLISHMENT OF POSITIONS.—The Secretary

3 of Defense shall require in regulations that—

4 (1) each lead agent under the TRICARE

5 program—

6 (A) designate a person to serve full-time as

7 a beneficiary advocate for TRICARE bene8 ficiaries; and

9 (B) provide for toll-free telephone commu10 nication between TRICARE beneficiaries and

11 the beneficiary advocate; and

12 (2) the commander of each medical care facility

13 under chapter 55 of title 10, United States Code,

14 designate a person to serve, as a primary or collat15 eral duty, as beneficiary advocate for TRICARE

16 beneficiaries served at that facility.

17 (b) DUTIES.—The Secretary shall prescribe the du18 ties of the position of beneficiary advocate in the regula19 tions.

20 (c) INITIAL DESIGNATIONS.—Each beneficiary advo21 cate required under the regulations shall be designated not

22 later than January 15, 2000.

23 SEC. 705. OPEN ENROLLMENT DEMONSTRATION PROGRAM.

24 Section 724 of the National Defense Authorization

25 Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.

26 1073 note) is amended by adding at the end the following:
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1 ‘‘(g) OPEN ENROLLMENT DEMONSTRATION PRO2 GRAM.—(1) The Secretary of Defense shall conduct a

3 demonstration program under which covered beneficiaries

4 shall be permitted to enroll at any time in a managed care

5 plan offered by a designated provider consistent with the

6 enrollment requirements for the TRICARE Prime option

7 under the TRICARE program but without regard to the

8 limitation in subsection (b). Any demonstration program

9 under this subsection shall cover designated providers, se10 lected by the Department of Defense, and the service areas

11 of the designated providers.

12 ‘‘(2) Any demonstration program carried out under

13 this section shall commence on October 1, 1999, and end

14 on September 30, 2001.

15 ‘‘(3) Not later than March 15, 2001, the Secretary

16 of Defense shall submit to the Committees on Armed Serv17 ices of the Senate and the House of Representatives a re18 port on any demonstration program carried out under this

19 subsection. The report shall include, at a minimum, an

20 evaluation of the benefits of the open enrollment oppor21 tunity to covered beneficiaries and a recommendation con22 cerning whether to authorize open enrollments in the man23 aged care plans of designated providers permanently.’’.
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1 Subtitle B—Other Matters

2 SEC. 711. CARE AT FORMER UNIFORMED SERVICES

3 TREATMENT FACILITIES FOR ACTIVE DUTY

4 MEMBERS STATIONED AT CERTAIN REMOTE

5 LOCATIONS.

6 (a) AUTHORITY.—Care may be furnished by a des7 ignated provider pursuant to any contract entered into by

8 the designated provider under section 722(b) of the Na9 tional Defense Authorization Act for Fiscal Year 1997

10 (Public Law 104–201; 10 U.S.C. 1073 note) to eligible

11 members who reside within the service area of the des12 ignated provider.

13 (b) ELIGIBILITY.—A member of the Armed Forces

14 is eligible for care under subsection (a) if the member is

15 a member described in section 731(c) of the National De16 fense Authorization Act for Fiscal Year 1998 (Public Law

17 105–85; 111 Stat. 1811; 10 U.S.C. 1074 note).

18 (c) APPLICABLE POLICIES.—In furnishing care to an

19 eligible member under subsection (a), a designated pro20 vider shall adhere to the Department of Defense policies

21 applicable to the furnishing of care under the TRICARE

22 Prime Remote program, including coordinating with uni23 formed services medical authorities for hospitalizations

24 and all referrals for specialty care.
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1 (d) REIMBURSEMENT RATES.—The Secretary of De2 fense, in consultation with the designated providers, shall

3 prescribe reimbursement rates for care furnished to eligi4 ble members under subsection (a). The rates prescribed

5 for care may not exceed the amounts allowable under the

6 TRICARE Standard plan for the same care.

7 SEC. 712. ONE-YEAR EXTENSION OF CHIROPRACTIC

8 HEALTH CARE DEMONSTRATION PROGRAM.

9 Section 731(b) of the National Defense Authorization

10 Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C.

11 1092 note) is amended by striking ‘‘1999’’ and inserting

12 ‘‘2000’’.

13 SEC. 713. PROGRAM YEAR STABILITY IN HEALTH CARE

14 BENEFITS.

15 Section 1073 of title 10, United States Code, is

16 amended—

17 (1) by inserting ‘‘(a) RESPONSIBLE OFFI18 CIALS.—’’ at the beginning of the text of the section;

19 and

20 (2) by adding at the end the following:

21 ‘‘(b) STABILITY IN PROGRAM OF BENEFITS.—The

22 Secretary of Defense shall, to the maximum extent prac23 ticable, provide a stable program of benefits under this

24 chapter throughout each fiscal year. To achieve the sta25 bility in the case of contracts entered into under this chap-
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1 ter, the contracts shall be administered so as to implement

2 at the beginning of a fiscal year all changes in benefits

3 and administration that are to be made for that fiscal

4 year. However, the Secretary of Defense may implement

5 any such change after the fiscal year begins if the Sec6 retary determines that the change would significantly im7 prove the provision of care to eligible beneficiaries under

8 this chapter or that the later implementation of the change

9 would, for other reasons, result in a more effective provi10 sion of care to eligible beneficiaries.’’.

11 SEC. 714. BEST VALUE CONTRACTING.

12 (a) AUTHORITY.—Chapter 55 of title 10, United

13 States Code, is amended by inserting after section 1073

14 the following:

15 ‘‘§ 1073a. Contracts for health care: best value con16 tracting

17 ‘‘(a) AUTHORITY.—Under regulations prescribed by

18 the administering Secretaries, health care contracts shall

19 be awarded in the administration of this chapter to the

20 offeror or offerors that will provide the best value to the

21 United States to the maximum extent consistent with fur22 nishing high-quality health care in a manner that protects

23 the fiscal and other interests of the United States.

24 ‘‘(b) FACTORS CONSIDERED.—In the determination

25 of best value—
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1 ‘‘(1) consideration shall be given to the factors

2 specified in the regulations; and

3 ‘‘(2) greater weight shall be accorded to tech4 nical and performance-related factors than to cost

5 and price-related factors.

6 ‘‘(c) APPLICABILITY.—The authority under the regu7 lations shall apply to any contract in excess of

8 $5,000,000.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of such chapter is amended by inserting

11 after the item relating to section 1073 the following:

‘‘1073a. Contracts for health care: best value contracting.’’.

12 SEC. 715. AUTHORITY TO ORDER RESERVE COMPONENT

13 MEMBERS TO ACTIVE DUTY FOR HEALTH

14 SURVEILLANCE STUDIES.

15 Section 12301 of title 10, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(h) When authorized by the Secretary of Defense,

19 the Secretary concerned may order a member of a reserve

20 component to active duty, with the consent of that mem21 ber, for a Department of Defense health surveillance study

22 required under other authority, including any associated

23 medical evaluation of the member. The Secretary con24 cerned may, with the member’s consent, retain the mem25 ber on active duty for medical treatment authorized by law
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1 for a condition associated with the study or evaluation.

2 A member of the Army National Guard of the United

3 States or of the Air National Guard of the United States

4 may not be ordered to active duty under this subsection

5 without the consent of the governor or other appropriate

6 authority of the State concerned.’’.

7 SEC. 716. CONTINUATION OF PREVIOUSLY PROVIDED CUS8 TODIAL CARE BENEFITS FOR CERTAIN

9 CHAMPUS BENEFICIARIES.

10 (a) CONTINUATION OF COVERAGE.—Subject to sub11 section (c), the Secretary of Defense may continue pay12 ment under the Civilian Health and Medical Program of

13 the Uniformed Services (as defined in section 1072 of title

14 10, United States Code) for domiciliary or custodial care

15 services, otherwise excluded by regulations implementing

16 section 1077(b)(1) of such title, on behalf of beneficiaries

17 described in subsection (b).

18 (b) COVERED BENEFICIARIES.—Beneficiaries re19 ferred to in subsection (a) are covered beneficiaries (as

20 defined in section 1072 of such title) who, prior to the

21 effective date of final regulations to implement the indi22 vidual case management program authorized by section

23 1079(a)(17) of such title, were provided domiciliary or

24 custodial care services for which the Secretary provided

25 payment.
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1 (c) SECRETARIAL AUTHORITY.—The authority pro2 vided by subsection (a) is subject to a case-by-case deter3 mination by the Secretary that discontinuation of payment

4 for domiciliary or custodial care services or transition

5 under the case management program authorized by such

6 section 1079(a)(17) to alternative programs and services

7 would be inadequate to meet the needs of, and unjust to,

8 the beneficiary.

9 SEC. 717. ENHANCEMENT OF DENTAL BENEFITS FOR RE10 TIREES.

11 Subsection (d) of section 1076c of title 10, United

12 States Code, is amended to read as follows:

13 ‘‘(d) BENEFITS AVAILABLE UNDER THE PLAN.—

14 The dental insurance plan established under subsection

15 (a) shall provide benefits for dental care and treatment

16 which may be comparable to the benefits authorized under

17 section 1076a of this title for plans established under that

18 section and shall include diagnostic services, preventative

19 services, endodontics and other basic restorative services,

20 surgical services, and emergency services.’’.
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1 SEC. 718. MEDICAL AND DENTAL CARE FOR CERTAIN MEM2 BERS INCURRING INJURIES ON INACTIVE3 DUTY TRAINING.

4 (a) ORDER TO ACTIVE DUTY AUTHORIZED.—(1)

5 Chapter 1209 of title 10, United States Code, is amended

6 by adding at the end the following:

7 ‘‘§ 12322. Active duty for health care

8 ‘‘A member of a uniformed service described in para9 graph (1)(B) or (2)(B) of section 1074a(a) of this title

10 may be ordered to active duty, and a member of a uni11 formed service described in paragraph (1)(A) or (2)(A) of

12 such section may be continued on active duty, for a period

13 of more than 30 days while the member is being treated

14 for (or recovering from) an injury, illness, or disease in15 curred or aggravated in the line of duty as described in

16 such paragraph.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by adding at the end the following:

‘‘12322. Active duty for health care.’’.

19 (b) MEDICAL AND DENTAL CARE FOR MEMBERS.—

20 Subsection (e) of section 1074a of such title is amended

21 to read as follows:

22 ‘‘(e)(1) A member of a uniformed service on active

23 duty for health care or recuperation reasons, as described

24 in paragraph (2), is entitled to medical and dental care

25 on the same basis and to the same extent as members
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1 covered by section 1074(a) of this title while the member

2 remains on active duty.

3 ‘‘(2) Paragraph (1) applies to a member described in

4 paragraph (1) or (2) of subsection (a) who, while being

5 treated for (or recovering from) an injury, illness, or dis6 ease incurred or aggravated in the line of duty, is contin7 ued on active duty pursuant to a modification or extension

8 of orders, or is ordered to active duty, so as to result in

9 active duty for a period of more than 30 days.’’.

10 (c) MEDICAL AND DENTAL CARE FOR DEPEND11 ENTS.—Subparagraph (D) of section 1076(a)(2) of such

12 title is amended to read as follows:

13 ‘‘(D) A member on active duty who is entitled

14 to benefits under subsection (e) of section 1074a of

15 this title by reason of paragraph (1), (2), or (3) of

16 subsection (a) of such section.’’.

17 SEC. 719. HEALTH CARE QUALITY INFORMATION AND

18 TECHNOLOGY ENHANCEMENT.

19 (a) PURPOSE.—It is the purpose of this section to

20 ensure that the Department of Defense addresses issues

21 of medical quality surveillance and implements solutions

22 for those issues in a timely manner that is consistent with

23 national policy and industry standards.

24 (b) DEPARTMENT OF DEFENSE CENTER FOR MED25 ICAL INFORMATICS AND DATA.—(1) The Secretary of De-
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1 fense shall establish a Department of Defense Center for

2 Medical Informatics to carry out a program to support

3 the Assistant Secretary of Defense for Health Affairs in

4 efforts—

5 (A) to develop parameters for assessing the

6 quality of health care information;

7 (B) to develop the defense digital patient

8 record;

9 (C) to develop a repository for data on quality

10 of health care;

11 (D) to develop a capability for conducting re12 search on quality of health care;

13 (E) to conduct research on matters of quality of

14 health care;

15 (F) to develop decision support tools for health

16 care providers;

17 (G) to refine medical performance report cards;

18 and

19 (H) to conduct educational programs on med20 ical informatics to meet identified needs.

21 (2) The Center shall serve as a primary resource for

22 the Department of Defense for matters concerning the

23 capture, processing, and dissemination of data on health

24 care quality.
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1 (c) AUTOMATION AND CAPTURE OF CLINICAL

2 DATA.—The Secretary of Defense shall accelerate the ef3 forts of the Department of Defense to automate, capture,

4 and exchange controlled clinical data and present pro5 viders with clinical guidance using a personal information

6 carrier, clinical lexicon, or digital patient record.

7 (d) ENHANCEMENT THROUGH DOD-DVA MEDICAL

8 INFORMATICS COUNCIL.—(1) The Secretary of Defense

9 shall establish a Medical Informatics Council consisting of

10 the following:

11 (A) The Assistant Secretary of Defense for

12 Health Affairs

13 (B) The Director of the TRICARE Manage14 ment Activity of the Department of Defense.

15 (C) The Surgeon General of the Army.

16 (D) The Surgeon General of the Navy.

17 (E) The Surgeon General of the Air Force.

18 (F) Representatives of the Department of Vet19 erans Affairs, whom the Secretary of Veterans Af20 fairs shall designate.

21 (G) Representatives of the Department of

22 Health and Human Services, whom the Secretary of

23 Health and Human Services shall designate.

24 (H) Any additional members that the Secretary

25 of Defense may appoint to represent health care in-
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1 surers and managed care organizations, academic

2 health institutions, health care providers (including

3 representatives of physicians and representatives of

4 hospitals), and accreditors of health care plans and

5 organizations.

6 (2) The primary mission of the Medical Informatics

7 Council shall be to coordinate the development, deploy8 ment, and maintenance of health care informatics systems

9 that allow for the collection, exchange, and processing of

10 health care quality information for the Department of De11 fense in coordination with other departments and agencies

12 of the Federal Government and with the private sector.

13 Specific areas of responsibility shall include:

14 (A) Evaluation of the ability of the medical

15 informatics systems at the Department of Defense

16 and Veterans Affairs to monitor, evaluate, and im17 prove the quality of care provided to beneficiaries.

18 (B) Coordination of key components of medical

19 informatics systems including digital patient records

20 both within the Federal Government, and between

21 the Federal Government and the private sector.

22 (C) Coordination of the development of oper23 ational capabilities for executive information systems

24 and clinical decision support systems within the De25 partments of Defense and Veterans Affairs.
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1 (D) Standardization of processes used to col2 lect, evaluate, and disseminate health care quality

3 information.

4 (E) Refinement of methodologies by which the

5 quality of health care provided within the Depart6 ments of Defense and Veterans Administration is

7 evaluated.

8 (F) Protecting the confidentiality of personal

9 health information.

10 (3) The Council shall submit to Congress an annual

11 report on the activities of the Council and on the coordina12 tion of development, deployment, and maintenance of

13 health care informatics systems within the Federal Gov14 ernment and between the Federal Government and the

15 private sector.

16 (4) The Assistant Secretary of Defense for Health

17 Affairs shall consult with the Council on the issues de18 scribed in paragraph (2).

19 (5) A member of the Council is not, by reason of serv20 ice on the Council, an officer or employee of the United

21 States.

22 (6) No compensation shall be paid to members of the

23 Council for service on the Council. In the case of a mem24 ber of the Council who is an officer or employee of the

25 Federal Government, the preceding sentence does not
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1 apply to compensation paid to the member as an officer

2 or employee of the Federal Government.

3 (7) The Federal Advisory Committee Act (5 U.S.C.

4 App. 2) shall not apply to the Council.

5 (e) ANNUAL REPORT.—The Assistant Secretary of

6 Defense for Health Affairs shall submit to Congress each

7 year a report on the quality of health care furnished under

8 the health care programs of the Department of Defense.

9 The report shall cover the most recent fiscal year ending

10 before the date of the report and shall contain a discussion

11 of the quality of the health care measured on the basis

12 of each statistical and customer satisfaction factor that

13 the Assistant Secretary determines appropriate, including,

14 at a minimum, the following:

15 (1) Health outcomes.

16 (2) Extent of use of health report cards.

17 (3) Extent of use of standard clinical pathways.

18 (4) Extent of use of innovative processes for

19 surveillance.

20 (f) AUTHORIZATION OF APPROPRIATIONS.—In addi21 tion to other amounts authorized to be appropriated for

22 the Department of Defense for fiscal year 2000 by other

23 provisions of this Act, that are available to carry out sub24 section (b), there is authorized to be appropriated for the
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1 Department of Defense for such fiscal year for carrying

2 out this subsection the sum of $2,000,000.

3 SEC. 720. JOINT TELEMEDICINE AND TELEPHARMACY DEM4 ONSTRATION PROJECTS BY THE DEPART5 MENT OF DEFENSE AND DEPARTMENT OF

6 VETERANS AFFAIRS.

7 (a) IN GENERAL.—The Secretary of Defense and

8 Secretary of Veterans Affairs shall carry out joint dem9 onstration projects for purposes of evaluating the feasi10 bility and practicability of providing health care services

11 and pharmacy services by means of telecommunications.

12 (b) SERVICES TO BE PROVIDED.—The services pro13 vided under the demonstration projects shall include the

14 following:

15 (1) Radiology and imaging services.

16 (2) Diagnostic services.

17 (3) Referral services.

18 (4) Clinical pharmacy services.

19 (5) Any other health care services or pharmacy

20 services designated by the Secretaries.

21 (c) SELECTION OF LOCATIONS.—(1) The Secretaries

22 shall carry out the demonstration projects at not more

23 than five locations selected by the Secretaries from loca24 tions in which are located both a uniformed services treat25 ment facility and a Department of Veterans Affairs med-
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1 ical center that are affiliated with academic institutions

2 having a demonstrated expertise in the provision of health

3 care services or pharmacy services by means of tele4 communications.

5 (2) Representatives of a facility and medical center

6 selected under paragraph (1) shall, to the maximum extent

7 practicable, carry out the demonstration project in con8 sultation with representatives of the academic institution

9 or institutions with which affiliated.

10 (d) PERIOD OF DEMONSTRATION PROJECTS.—The

11 Secretaries shall carry out the demonstration projects dur12 ing the three-year period beginning on October 1, 1999.

13 (e) REPORT.—Not later than December 31, 2002, the

14 Secretaries shall jointly submit to Congress a report on

15 the demonstration projects. The report shall include—

16 (1) a description of each demonstration project;

17 and

18 (2) an evaluation, based on the demonstration

19 projects, of the feasibility and practicability of pro20 viding health care services and pharmacy services,

21 including the provision of such services to field hos22 pitals of the Armed Forces and to Department of

23 Veterans Affairs outpatient health care clinics, by

24 means of telecommunications.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 SEC. 801. EXTENSION OF TEST PROGRAM FOR NEGOTIA6 TION OF COMPREHENSIVE SMALL BUSINESS

7 SUBCONTRACTING PLANS.

8 Section 834(e) of the National Defense Authorization

9 Act for Fiscal Years 1990 and 1991 (Public Law 101–

10 189; 15 U.S.C. 637 note) is amended by striking ‘‘Sep11 tember 30, 2000’’ and inserting ‘‘September 30, 2005’’.

12 SEC. 802. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.

13 (a) PROGRAM PARTICIPATION TERM.—Subsection

14 (e)(2) of section 831 of the National Defense Authoriza15 tion Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is

16 amended to read as follows:

17 ‘‘(2) A program participation term for any pe18 riod of not more than three years, except that the

19 term may be a period of up to five years if the Sec20 retary of Defense determines in writing that unusual

21 circumstances justify a program participation term

22 in excess of three years.’’.

23 (b) INCENTIVES AUTHORIZED FOR MENTOR

24 FIRMS.—Subsection (g) of such section is amended—
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1 (1) in paragraph (1), by striking ‘‘shall’’ and

2 inserting ‘‘may’’;

3 (2) in paragraph (2)—

4 (A) in subparagraph (A)—

5 (i) by striking ‘‘shall’’ and inserting

6 ‘‘may’’;

7 (ii) by striking ‘‘subsection (f)’’ and

8 all that follows through ‘‘(i) as a line item’’

9 and inserting ‘‘subsection (f) as provided

10 for in a line item’’;

11 (iii) by striking the semicolon pre12 ceding clause (ii) and inserting ‘‘, except

13 that this clause does not apply in a case in

14 which the Secretary of Defense determines

15 in writing that unusual circumstances jus16 tify reimbursement using a separate con17 tract.’’; and

18 (iv) by striking clauses (ii), (iii), and

19 (iv); and

20 (B) by striking subparagraph (B) and in21 serting the following:

22 ‘‘(B) The determinations made in annual perform23 ance reviews of a mentor firm’s mentor-protege agreement

24 under subsection (l)(2) shall be a major factor in the de25 terminations of amounts of reimbursement, if any, that
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1 the mentor firm is eligible to receive in the remaining

2 years of the program participation term under the agree3 ment.

4 ‘‘(C) The total amount reimbursed under this para5 graph to a mentor firm for costs of assistance furnished

6 in a fiscal year to a protege firm may not exceed

7 $1,000,000, except in a case in which the Secretary of De8 fense determines in writing that unusual circumstances

9 justify a reimbursement of a higher amount.’’; and

10 (3) in paragraph (3)(A), by striking ‘‘either

11 subparagraph (A) or (C) of paragraph (2) or are re12 imbursed pursuant to subparagraph (B) of such

13 paragraph’’ and inserting ‘‘paragraph (2)’’.

14 (c) FIVE-YEAR EXTENSION OF AUTHORITY.—Sub15 section (j) of such section is amended to read as follows:

16 ‘‘(j) EXPIRATION OF AUTHORITY.—(1) No mentor17 protege agreement may be entered into under subsection

18 (e) after September 30, 2004.

19 ‘‘(2) No reimbursement may be paid, and no credit

20 toward the attainment of a subcontracting goal may be

21 granted, under subsection (g) for any cost incurred after

22 September 30, 2005.’’.

23 (d) REPORTS AND REVIEWS.—Subsection (l) of such

24 section is amended to read as follows:
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1 ‘‘(l) REPORTS AND REVIEWS.—(1) The mentor firm

2 and protege firm under a mentor-protege agreement shall

3 submit to the Secretary of Defense an annual report on

4 the progress made by the protege firm in employment, rev5 enues, and participation in Department of Defense con6 tracts during the fiscal year covered by the report. The

7 requirement for submission of an annual report applies

8 with respect to each fiscal year covered by the program

9 participation term under the agreement and each of the

10 two fiscal years following the expiration of the program

11 participation term. The Secretary shall prescribe the tim12 ing and form of the annual report.

13 ‘‘(2)(A) The Secretary shall conduct an annual per14 formance review of each mentor-protege agreement that

15 provides for reimbursement of costs. The Secretary shall

16 determine on the basis of the review whether—

17 ‘‘(i) all costs reimbursed to the mentor firm

18 under the agreement were reasonably incurred to

19 furnish assistance to the protege firm in accordance

20 with the requirements of this section and applicable

21 regulations; and

22 ‘‘(ii) the mentor firm and protege firm accu23 rately reported progress made by the protege firm in

24 employment, revenues, and participation in Depart25 ment of Defense contracts during the program par-
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1 ticipation term covered by the mentor-protege agree2 ment and the two fiscal years following the expira3 tion of the program participation term.

4 ‘‘(B) The Secretary shall act through the Commander

5 of the Defense Contract Management Command in car6 rying out the reviews and making the determinations

7 under subparagraph (A).

8 ‘‘(3) Not later than 6 months after the end of each

9 of fiscal years 2000 through 2004, the Secretary of De10 fense shall submit to Congress an annual report on the

11 mentor-protege program for that fiscal year.

12 ‘‘(2) The annual report for a fiscal year shall include,

13 at a minimum, the following:

14 ‘‘(A) The number of mentor-protege agreements

15 that were entered into during the fiscal year.

16 ‘‘(B) The number of mentor-protege agreements

17 that were in effect during the fiscal year.

18 ‘‘(C) The total amount reimbursed to mentor

19 firms pursuant to subsection (g) during the fiscal

20 year.

21 ‘‘(D) Each mentor-protege agreement, if any,

22 that was approved during the fiscal year in accord23 ance with subsection (e)(2) to provide a program

24 participation term in excess of 3 years, together with

25 the justification for the approval.
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1 ‘‘(E) Each reimbursement of a mentor firm in

2 excess of the limitation in subsection (g)(2)(C) that

3 was made during the fiscal year pursuant to an ap4 proval granted in accordance with that subsection,

5 together with the justification for the approval.

6 ‘‘(F) Trends in the progress made in employ7 ment, revenues, and participation in Department of

8 Defense contracts by the protege firms participating

9 in the program during the fiscal year and the pro10 tege firms that completed or otherwise terminated

11 participation in the program during the preceding

12 two fiscal years.’’.

13 (e) REPEAL OF LIMITATION ON AVAILABILITY OF

14 FUNDING.—Subsection (n) of such section is repealed.

15 (f) EFFECTIVE DATE AND SAVINGS PROVISION.—(1)

16 The amendments made by this section shall take effect

17 on October 1, 1999, and shall apply with respect to men18 tor-protege agreements that are entered into under section

19 831(e) of the National Defense Authorization Act for Fis20 cal Year 1991 on or after that date.

21 (2) Section 831 of the National Defense Authoriza22 tion Act for Fiscal Year 1991, as in effect on September

23 30, 1999, shall continue to apply with respect to mentor24 protege agreements entered into before October 1, 1999.
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1 SEC. 803. REPORT ON TRANSITION OF SMALL BUSINESS IN2 NOVATION RESEARCH PROGRAM ACTIVITIES

3 INTO DEFENSE ACQUISITION PROGRAMS.

4 (a) REQUIREMENT FOR REPORT.—Not later than

5 March 1, 2000, the Secretary of Defense shall submit to

6 Congress a report on the status of the implementation of

7 the Small Business Innovation Research program transi8 tion plan that was developed pursuant to section 818 of

9 the Strom Thurmond National Defense Authorization Act

10 for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

11 2089).

12 (b) CONTENT OF REPORT.—The report shall include

13 the following:

14 (1) The status of the implementation of each of

15 the provisions in the transition plan.

16 (2) For any provision of the plan that has not

17 been fully implemented as of the date of the

18 report—

19 (A) the reasons for the provision not hav20 ing been fully implemented; and

21 (B) a schedule, with specific milestones,

22 for the implementation of the provision.

23 SEC. 804. AUTHORITY TO CARRY OUT CERTAIN PROTO24 TYPE PROJECTS.

25 (a) GAO EXAMINATION OF RECORDS.—Section 845

26 of the National Defense Authorization Act for Fiscal Year
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1 1994 (Public Law 103–160; 107 Stat. 1721; 10 U.S.C.

2 2371 note) is amended—

3 (1) by redesignating subsection (c) as sub4 section (d); and

5 (2) by inserting after subsection (b) the fol6 lowing:

7 ‘‘(c) COMPTROLLER GENERAL REVIEW.—(1) Each

8 agreement entered into by an official referred to in sub9 section (a) to carry out a project under that subsection

10 that provides for payments in a total amount in excess

11 of $5,000,000 shall include a clause that provides for the

12 Comptroller General, in the discretion of the Comptroller

13 General, to examine the records of any party to the agree14 ment or any entity that participates in the performance

15 of the agreement.

16 ‘‘(2) The official referred to in subsection (a) who is

17 entering into an agreement described in paragraph (1)

18 may waive the applicability of the requirement in that

19 paragraph to the agreement if the official determines that

20 it would not be in the public interest to apply the require21 ment to the agreement. The waiver shall be effective with

22 respect to the agreement only if the official transmits a

23 notification of the waiver to Congress and the Comptroller

24 General before entering into the agreement. The notifica25 tion shall include the rationale for the determination.
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1 ‘‘(3) The Comptroller General may not examine

2 records pursuant to a clause included in an agreement

3 under paragraph (1) more than three years after the final

4 payment is made by the United States under the agree5 ment.’’.

6 (b) TECHNICAL CORRECTION.—Subsection (b)(1) of

7 such section is amended by striking ‘‘(e)(2) and (e)(3) of

8 such section 2371’’ and inserting ‘‘(e)(1)(B) and (e)(2)

9 of such section 2371’’.

10 SEC. 805. PILOT PROGRAM FOR COMMERCIAL SERVICES.

11 (a) PROGRAM AUTHORIZED.—The Secretary of De12 fense may carry out a pilot program to treat procurements

13 of commercial services as procurements of commercial

14 items.

15 (b) DESIGNATION OF PILOT PROGRAM CAT16 EGORIES.—The Secretary of Defense may designate the

17 following categories of services as commercial services cov18 ered by the pilot program:

19 (1) Utilities and housekeeping services.

20 (2) Education and training services.

21 (3) Transportation, travel and relocation serv22 ices.

23 (c) TREATMENT AS COMMERCIAL ITEMS.—A Depart24 ment of Defense contract for the procurement of commer25 cial services designated by the Secretary for the pilot pro-
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1 gram shall be treated as a contract for the procurement

2 of commercial items, as defined in section 4(12) of the

3 Office of Federal Procurement Policy Act (41 U.S.C.

4 403(12)), if the source of the services provides similar

5 services contemporaneously to the general public under

6 terms and conditions similar to those offered to the Fed7 eral Government. These items shall not be considered com8 mercial items for purposes of section 4202(e) of the

9 Clinger-Cohen Act (10 U.S.C. 2304 note).

10 (d) GUIDANCE.—Not later than 90 days after the

11 date of the enactment of this Act, the Secretary shall issue

12 guidance to procurement officials on contracting for com13 mercial services under the pilot program. The guidance

14 shall place particular emphasis on ensuring that nego15 tiated prices for designated services, including prices nego16 tiated without competition, are fair and reasonable.

17 (e) DURATION OF PILOT PROGRAM.—(1) The pilot

18 program shall begin on the date that the Secretary issues

19 the guidance required by subsection (d) and may continue

20 for a period, not in excess of five years, that the Secretary

21 shall establish.

22 (2) The pilot program shall cover Department of De23 fense contracts for the procurement of commercial services

24 designated by the Secretary under subsection (b) that are

25 awarded or modified during the period of the pilot pro-
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1 gram, regardless of whether the contracts are performed

2 during the period.

3 (f) REPORT TO CONGRESS.—(1) The Secretary shall

4 submit to Congress a report on the impact of the pilot

5 program on—

6 (A) prices paid by the Federal Government

7 under contracts for commercial services covered by

8 the pilot program;

9 (B) the quality and timeliness of the services

10 provided under such contracts;

11 (C) the number of Federal Government per12 sonnel that are necessary to enter into and admin13 ister such contracts; and

14 (D) the impact of the program on levels of con15 tracting with small business concerns, HUBZone

16 small business concerns, small business concerns

17 owned and controlled by socially and economically

18 disadvantaged individuals, and small business con19 cerns owned and controlled by women.

20 (2) The Secretary shall submit the report—

21 (A) not later than 90 days after the end of the

22 third full fiscal year for which the pilot program is

23 in effect; or

24 (B) if the period established for the pilot pro25 gram under subsection (e)(1) does not cover three
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1 full fiscal years, not later than 90 days after the end

2 of the designated period.

3 (g) PRICE TREND ANALYSIS.—The Secretary of De4 fense shall apply the procedures developed pursuant to

5 section 803(c) of the Strom Thurmond National Defense

6 Authorization Act for Fiscal Year 1999 (Public Law 105–

7 261; 112 Stat. 2081; 10 U.S.C. 2306a note) to collect and

8 analyze information on price trends for all services covered

9 by the pilot program and for the services in such cat10 egories of services not covered by the pilot program to

11 which the Secretary considers it appropriate to apply those

12 procedures.

13 (h) RELATIONSHIP TO PREFERENCE ON TRANSPOR14 TATION OF SUPPLIES.—Nothing in this section shall be

15 construed as modifying, superseding, impairing, or re16 stricting requirements, authorities, or responsibilities

17 under section 2631 of title 10, United States Code.

18 (i) DEFINITIONS.—In this section:

19 (1) The term ‘‘small business concern’’ means

20 a business concern that meets the applicable size

21 standards prescribed pursuant to section 3(a) of the

22 Small Business Act (15 U.S.C. 632(a)).

23 (2) The term ‘‘small business concern owned

24 and controlled by socially and economically disadvan25 taged individuals’’ has the meaning given the term
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1 in section 8(d)(3)(C) of the Small Business Act (15

2 U.S.C. 637(d)(3)(C)).

3 (3) The term ‘‘small business concern owned

4 and controlled by women’’ has the meaning given the

5 term in section 8(d)(3)(D) of the Small Business

6 Act (15 U.S.C. 637(d)(3)(D)).

7 (4) The term ‘‘HUBZone small business con8 cern’’ has the meaning given the term in section

9 3(p)(3) of the Small Business Act (15 U.S.C.

10 632(p)(3)).

11 SEC. 806. STREAMLINED APPLICABILITY OF COST AC12 COUNTING STANDARDS.

13 (a) APPLICABILITY.—Paragraph (2) of section 26(f)

14 of the Office of Federal Procurement Policy Act (41

15 U.S.C. 422(f)(2)) is amended—

16 (1) by redesignating subparagraph (C) as sub17 paragraph (D);

18 (2) by striking subparagraph (B) and inserting

19 the following:

20 ‘‘(B) The cost accounting standards shall not apply

21 to a contractor or subcontractor for a fiscal year (or other

22 one-year period used for cost accounting by the contractor

23 or subcontractor) if the total value of all of the contracts

24 and subcontracts covered by the cost accounting standards

25 that were entered into by the contractor or subcontractor,
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1 respectively, in the previous or current fiscal year (or other

2 one-year cost accounting period) was less than

3 $50,000,000.

4 ‘‘(C) Subparagraph (A) does not apply to the fol5 lowing contracts or subcontracts for the purpose of deter6 mining whether the contractor or subcontractor is subject

7 to the cost accounting standards:

8 ‘‘(i) Contracts or subcontracts for the acquisi9 tion of commercial items.

10 ‘‘(ii) Contracts or subcontracts where the price

11 negotiated is based on prices set by law or regula12 tion.

13 ‘‘(iii) Firm, fixed-price contracts or sub14 contracts awarded on the basis of adequate price

15 competition without submission of certified cost or

16 pricing data.

17 ‘‘(iv) Contracts or subcontracts with a value

18 that is less than $5,000,000.’’.

19 (b) WAIVER.—Such section is further amended by

20 adding at the end the following:

21 ‘‘(5)(A) The head of an executive agency may waive

22 the applicability of cost accounting standards for a con23 tract or subcontract with a value less than $10,000,000

24 if that official determines in writing that—
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1 ‘‘(i) the contractor or subcontractor is primarily

2 engaged in the sale of commercial items; and

3 ‘‘(ii) the contractor or subcontractor would not

4 otherwise be subject to the cost accounting stand5 ards.

6 ‘‘(B) The head of an executive agency may also waive

7 the applicability of cost accounting standards for a con8 tract or subcontract under extraordinary circumstances

9 when necessary to meet the needs of the agency. A deter10 mination to waive the applicability of cost accounting

11 standards under this subparagraph shall be set forth in

12 writing and shall include a statement of the circumstances

13 justifying the waiver.

14 ‘‘(C) The head of an executive agency may not dele15 gate the authority under subparagraph (A) or (B) to any

16 official in the executive agency below the senior policy17 making level in the executive agency.

18 ‘‘(D) The Federal Acquisition Regulation shall in19 clude the following:

20 ‘‘(i) Criteria for selecting an official to be dele21 gated authority to grant waivers under subpara22 graph (A) or (B).

23 ‘‘(ii) The specific circumstances under which

24 such a waiver may be granted.
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1 ‘‘(E) The head of each executive agency shall report

2 the waivers granted under subparagraphs (A) and (B) for

3 that agency to the Board on an annual basis.’’.

4 (c) CONSTRUCTION REGARDING CERTAIN NOT-FOR5 PROFIT ENTITIES.—The amendments made by this sec6 tion shall not be construed as modifying or superseding,

7 nor as intended to impair or restrict, the applicability of

8 the cost accounting standards to—

9 (1) any educational institution or federally

10 funded research and development center that is as11 sociated with an educational institution in accord12 ance with Office of Management and Budget Cir13 cular A–21, as in effect on January 1, 1999; or

14 (2) any contract with a nonprofit entity that

15 provides research and development and related prod16 ucts or services to the Department of Defense.

17 SEC. 807. GUIDANCE ON USE OF TASK ORDER AND DELIV18 ERY ORDER CONTRACTS.

19 (a) GUIDANCE IN THE FEDERAL ACQUISITION REGU20 LATION.—Not later than 180 days after the date of the

21 enactment of this Act, the Federal Acquisition Regulation

22 issued in accordance with sections 6 and 25 of the Office

23 of Federal Procurement Policy Act shall be revised to pro24 vide guidance to agencies on the appropriate use of task

25 order and delivery order contracts in accordance with sec-
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1 tions 2304a through 2304d of title 10, United States

2 Code, and sections 303H through 303K of the Federal

3 Property and Administrative Services Act of 1949 (41

4 U.S.C. 253h through 253k).

5 (b) CONTENT OF GUIDANCE.—The regulations issued

6 pursuant to subsection (a) shall, at a minimum, provide

7 the following:

8 (1) Specific guidance on the appropriate use of

9 government-wide and other multiagency contracts

10 entered in accordance with the provisions of law re11 ferred to in that subsection.

12 (2) Specific guidance on steps that agencies

13 should take in entering and administering multiple

14 award task order and delivery order contracts to en15 sure compliance with—

16 (A) the requirement in section 5122 of the

17 Clinger-Cohen Act (40 U.S.C. 1422) for capital

18 planning and investment control in purchases of

19 information technology products and services;

20 (B) the requirement in section 2304c(b) of

21 title 10, United States Code, and section

22 303J(b) of the Federal Property and Adminis23 trative Services Act of 1949 (41 U.S.C.

24 253j(b)) to ensure that all contractors are af25 forded a fair opportunity to be considered for
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1 the award of task orders and delivery orders;

2 and

3 (C) the requirement in section 2304c(c) of

4 title 10, United States Code, and section

5 303J(c) of the Federal Property and Adminis6 trative Services Act of 1949 (41 U.S.C.

7 253j(c)) for a statement of work in each task

8 order or delivery order issued that clearly speci9 fies all tasks to be performed or property to be

10 delivery under the order.

11 (c) GSA FEDERAL SUPPLY SCHEDULES PROGRAM.—

12 The Administrator for Federal Procurement Policy shall

13 consult with the Administrator of General Services to as14 sess the effectiveness of the multiple awards schedule pro15 gram of the General Services Administration referred to

16 in section 309(b)(3) of the Federal Property and Adminis17 trative Services Act of 1949 (41 U.S.C. 259(b)(3)) that

18 is administered as the Federal Supply Schedules program.

19 The assessment shall include examination of the following:

20 (1) The administration of the program by the

21 Administrator of General Services.

22 (2) The ordering and program practices fol23 lowed by Federal customer agencies in using sched24 ules established under the program.
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1 (d) GAO REPORT.—Not later than one year after the

2 date on which the regulations required by subsection (a)

3 are published in the Federal Register, the Comptroller

4 General shall submit to Congress an evaluation of execu5 tive agency compliance with the regulations, together with

6 any recommendations that the Comptroller General con7 siders appropriate.

8 SEC. 808. CLARIFICATION OF DEFINITION OF COMMERCIAL

9 ITEMS WITH RESPECT TO ASSOCIATED SERV10 ICES.

11 Section 4(12) (E) of the Office of Federal Procure12 ment Policy Act (41 U.S.C. 403(E)) is amended to read

13 as follows:

14 ‘‘(E) Installation services, maintenance

15 services, repair services, training services, and

16 other services if—

17 ‘‘(i) the services are procured for sup18 port of an item referred to in subpara19 graph (A), (B), (C), or (D), regardless of

20 whether such services are provided by the

21 same source or at the same time as the

22 item; and

23 ‘‘(ii) the source of the services pro24 vides similar services contemporaneously to

25 the general public under terms and condi-
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1 tions similar to those offered to the Fed2 eral Government.’’.

3 SEC. 809. USE OF SPECIAL SIMPLIFIED PROCEDURES FOR

4 PURCHASES OF COMMERCIAL ITEMS IN EX5 CESS OF THE SIMPLIFIED ACQUISITION

6 THRESHOLD.

7 (a) EXTENSION OF AUTHORITY.—Section 4202(e) of

8 the Clinger-Cohen Act of 1996 (divisions D and E of Pub9 lic Law 104–106; 110 Stat. 654; 10 U.S.C. 2304 note)

10 is amended by striking ‘‘three years after the date on

11 which such amendments take effect pursuant to section

12 4401(b)’’ and inserting ‘‘January 1, 2002’’.

13 (b) GAO REPORT.—Not later than March 1, 2001,

14 the Comptroller General shall submit to Congress an eval15 uation of the test program authorized by section 4204 of

16 the Clinger-Cohen Act of 1996, together with any rec17 ommendations that the Comptroller General considers ap18 propriate regarding the test program or the use of special

19 simplified procedures for purchases of commercial items

20 in excess of the simplified acquisition threshold.
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1 SEC. 810. EXTENSION OF INTERIM REPORTING RULE FOR

2 CERTAIN PROCUREMENTS LESS THAN

3 $100,000.

4 Section 31(e) of the Office of Federal Procurement

5 Policy Act (41 U.S.C. 427(e)) is amended by striking ‘‘Oc6 tober 1, 1999’’ and inserting ‘‘October 1, 2004’’.

7 SEC. 811. CONTRACT GOAL FOR SMALL DISADVANTAGED

8 BUSINESSES AND CERTAIN INSTITUTIONS OF

9 HIGHER EDUCATION.

10 Subsection (k) of section 2323 of title 10, United

11 States Code, is amended by striking ‘‘2000’’ both places

12 it appears and inserting ‘‘2003’’.

13 TITLE IX—DEPARTMENT OF DE14 FENSE ORGANIZATION AND

15 MANAGEMENT

16 Subtitle A—General

17 SEC. 901. NUMBER OF MANAGEMENT HEADQUARTERS AND

18 HEADQUARTERS SUPPORT ACTIVITIES PER19 SONNEL.

20 (a) REVISED LIMITATION.—Section 130a of title 10,

21 United States Code, is amended—

22 (1) in subsection (a), by striking ‘‘75 percent’’

23 and inserting ‘‘65 percent’’; and

24 (2) in subsection (c), by striking ‘‘October 1,

25 1997’’ and inserting ‘‘October 1, 1989’’.
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1 (b) REPEAL OF PHASED REDUCTION REQUIRE2 MENT.—Subsection (b) of such section is repealed.

3 (c) CONFORMING REPEAL.—Subsection (g) of such

4 section is repealed.

5 (d) TECHNICAL AMENDMENT.—Subsections (c), (d),

6 (e), and (f) are redesignated as subsections (b), (c), (d),

7 and (e), respectively.

8 SEC. 902. ADDITIONAL MATTERS FOR ANNUAL REPORTS

9 ON JOINT WARFIGHTING EXPERIMENTATION.

10 Section 485(b) of title 10, United States Code, is

11 amended by adding at the end the following:

12 ‘‘(5) Any recommendations that the commander

13 considers appropriate regarding—

14 ‘‘(A) the development or procurement of

15 advanced technologies, systems, or weapons or

16 systems platforms, or other changes in doctrine,

17 organization, training, materiel, leadership, per18 sonnel, or the allocation of resources, as a re19 sult of joint warfighting experimentation activi20 ties;

21 ‘‘(B) the elimination of unnecessary equip22 ment and redundancies in capabilities and

23 forces across the armed forces; and

24 ‘‘(C) the fielding of advanced technologies

25 across the armed forces for purposes of the de-
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1 velopment of joint operational concepts or the

2 conduct of joint warfighting experiments.

3 ‘‘(6) A description of any actions taken by the

4 Secretary of Defense to implement the recommenda5 tions of the commander.’’.

6 SEC. 903. ACCEPTANCE OF GUARANTEES IN CONNECTION

7 WITH GIFTS TO THE UNITED STATES MILI8 TARY ACADEMY.

9 (a) AUTHORITY.—Chapter 403 of title 10, United

10 States Code, is amended by adding at the end the fol11 lowing new section:

12 ‘‘§ 4359. Acceptance of guarantees with gifts for

13 major projects

14 ‘‘(a) ACCEPTANCE AUTHORITY.—The Secretary of

15 the Army may, subject to subsection (c), accept from a

16 donor a qualified guarantee for the completion of a major

17 project for the benefit of the Academy.

18 ‘‘(b) OBLIGATION AUTHORITY.—Funds available for

19 a project for which a guarantee has been accepted under

20 this section may be obligated and expended for the project

21 without regard to whether the total amount of the funds

22 and other resources available for the project (not taking

23 into account the amount of the guarantee) is sufficient

24 to pay for completion of the project.

25 ‘‘(c) DEFINITIONS.—In this section:
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1 ‘‘(1) MAJOR PROJECT.—The term ‘major

2 project’ means a project for the purchase or other

3 procurement of real or personal property, or for the

4 construction of any improvement to real property,

5 the total cost of which is, or is estimated to be, at

6 least $1,000,000.

7 ‘‘(2) QUALIFIED GUARANTEE.—The term

8 ‘qualified guarantee’, with respect to a major

9 project, means a guarantee that—

10 ‘‘(A) is made by a person in connection

11 with the person’s donation, specifically for the

12 project, of a total amount in cash or securities

13 that, as determined by the Secretary of the

14 Army, is sufficient to defray a substantial por15 tion of the total cost of the project;

16 ‘‘(B) is made to facilitate or expedite the

17 completion of the project in reasonable anticipa18 tion that other donors will contribute sufficient

19 funds or other resources in amounts sufficient

20 to pay for completion of the project;

21 ‘‘(C) is set forth as a written agreement

22 that provides for the donor to furnish in cash

23 or securities, in addition to the donor’s other

24 gift or gifts for the project, any additional

25 amount that may become necessary for paying
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1 the cost of completing the project by reason of

2 a failure to obtain from other donors or sources

3 funds or other resources in amounts sufficient

4 to pay the cost of completing the project; and

5 ‘‘(D) is accompanied by—

6 ‘‘(i) an unconditional letter of credit

7 for the benefit of the Academy that is in

8 the amount of the guarantee and is issued

9 by a major United States commercial

10 bank; or

11 ‘‘(ii) a qualified account control agree12 ment.

13 ‘‘(3) QUALIFIED ACCOUNT CONTROL AGREE14 MENT.—The term ‘qualified account control agree15 ment’, with respect to a guarantee of a donor, means

16 an agreement among the donor, the Secretary of the

17 Army, and a major United States investment man18 agement firm that—

19 ‘‘(A) ensures the availability of sufficient

20 funds or other financial resources to pay the

21 amount guaranteed during the period of the

22 guarantee;

23 ‘‘(B) provides for the perfection of a secu24 rity interest in the assets of the account for the

25 United States for the benefit of the Academy
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1 with the highest priority available for liens and

2 security interests under applicable law;

3 ‘‘(C) requires the donor to maintain in an

4 account with the investment management firm

5 assets having a total value that is not less than

6 130 percent of the amount guaranteed; and

7 ‘‘(D) requires the investment management

8 firm, at any time that the value of the account

9 is less than the value required to be maintained

10 under subparagraph (C), to liquidate any

11 noncash assets in the account and reinvest the

12 proceeds in Treasury bills issued under section

13 3104 of title 31.

14 ‘‘(4) MAJOR UNITED STATES COMMERCIAL

15 BANK.—The term ‘major United States commercial

16 bank’ means a commercial bank that—

17 ‘‘(A) is headquartered in the United

18 States; and

19 ‘‘(B) has net assets in a total amount con20 sidered by the Secretary of the Army to qualify

21 the bank as a major bank.

22 ‘‘(5) MAJOR UNITED STATES INVESTMENT MAN23 AGEMENT FIRM.—The term ‘major United States in24 vestment management firm’ means an investment
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1 company (as defined in section 3 of the Investment

2 Company Act of 1940 (15 U.S.C. 80a–3)) that—

3 ‘‘(A) is headquartered in the United

4 States; and

5 ‘‘(B) manages for others the investment of

6 assets in a total amount considered by the Sec7 retary of the Army to qualify the firm as a

8 major investment management firm.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of such chapter is amended by adding

11 at the end the following new item:

‘‘4359. Acceptance of guarantees with gifts for major projects.’’.

12 SEC. 904. MANAGEMENT OF THE CIVIL AIR PATROL.

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that no major change to the governance structure

15 of the Civil Air Patrol should be mandated by Congress

16 until a review of potential improvements in the manage17 ment and oversight of Civil Air Patrol operations is con18 ducted.

19 (b) GAO STUDY.—The Comptroller General shall

20 conduct a study of potential improvements to Civil Air Pa21 trol operations, including Civil Air Patrol financial man22 agement, Air Force and Civil Air Patrol oversight, and

23 the Civil Air Patrol safety program. Not later than Feb24 ruary 15, 2000, the Inspector General shall submit a re-
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1 port on the results of the study to the congressional de2 fense committees.

3 (c) INSPECTOR GENERAL REVIEW.—(1) The Inspec4 tor General of the Department of Defense shall review the

5 financial and management operations of the Civil Air Pa6 trol. The review shall include an audit.

7 (2) Not later than February 15, 2000, the Inspector

8 General shall submit to the congressional defense commit9 tees a report on the review, including, specifically, the re10 sults of the audit. The report shall include any rec11 ommendations that the Inspector General considers appro12 priate regarding actions necessary to ensure the proper

13 oversight of the financial and management operations of

14 the Civil Air Patrol.

15 SEC. 905. MINIMUM INTERVAL FOR UPDATING AND REVIS16 ING DEPARTMENT OF DEFENSE STRATEGIC

17 PLAN.

18 Section 306(b) of title 5, United States Code, is

19 amended by striking ‘‘, and shall be updated and revised

20 at least every three years.’’ and inserting a period and the

21 following: ‘‘The strategic plan shall be updated and revised

22 at least every three years, except that the strategic plan

23 for the Department of Defense shall be updated and re24 vised at least every four years.’’.
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1 SEC. 906. PERMANENT REQUIREMENT FOR QUADRENNIAL

2 DEFENSE REVIEW.

3 (a) REVIEW REQUIRED.—Chapter 2 of title 10,

4 United States Code, is amended by inserting after section

5 117 the following:

6 ‘‘§ 118. Quadrennial defense review

7 ‘‘(a) REVIEW REQUIRED.—The Secretary of Defense,

8 in consultation with the Chairman of the Joint Chiefs of

9 Staff, shall conduct in each year in which a President is

10 inaugurated a comprehensive examination of the defense

11 strategy, force structure, force modernization plans, infra12 structure, budget plan, and other elements of the defense

13 program and policies with a view toward determining and

14 expressing the defense strategy of the United States and

15 establishing a revised defense plan for the ensuing 10

16 years and a revised defense plan for the ensuing 20 years.

17 ‘‘(b) CONSIDERATION OF REPORTS OF NATIONAL

18 DEFENSE PANEL.—In conducting the review, the Sec19 retary shall take into consideration the reports of the Na20 tional Defense Panel submitted under section 184(d) of

21 this title.

22 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall

23 submit a report on each review to the Committees on

24 Armed Services of the Senate and the House of Represent25 atives not later than September 30 of the year in which
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1 the review is conducted. The report shall include the fol2 lowing:

3 ‘‘(1) The results of the review, including a com4 prehensive discussion of the defense strategy of the

5 United States and the force structure best suited to

6 implement that strategy, expressed in terms of size,

7 characteristics, and organization, or in other terms

8 suitable for characterizing the force structure.

9 ‘‘(2) The size, characteristics, and organization

10 of an alternative force structure that is suited for

11 implementing the strategy but is significantly larger

12 than the force structure discussed under paragraph

13 (1), together with the benefits and risks associated

14 with the larger force structure.

15 ‘‘(3) The size, characteristics, and organization

16 of an alternative force structure that is suited for

17 implementing the strategy but is significantly small18 er than the force structure discussed under para19 graph (1), together with the benefits and risks asso20 ciated with the smaller force structure.

21 ‘‘(4) The threats examined for purposes of the

22 review and the scenarios developed in the examina23 tion of such threats.

24 ‘‘(5) The assumptions used in the review, in25 cluding assumptions relating to the cooperation of
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1 allies and mission-sharing, levels of acceptable risk,

2 warning times, and intensity and duration of con3 flict.

4 ‘‘(6) The effect on the force structure of prep5 arations for and participation in peace operations

6 and military operations other than war.

7 ‘‘(7) The effect on the force structure of the

8 utilization by the armed forces of technologies antici9 pated to be available for the ensuing 10 years and

10 technologies anticipated to be available for the ensu11 ing 20 years, including precision guided munitions,

12 stealth, night vision, digitization, and communica13 tions, and the changes in organization, doctrine, and

14 operational concepts that would result from the utili15 zation of such technologies.

16 ‘‘(8) The manpower and sustainment policies

17 required under the defense strategy to support en18 gagement in conflicts lasting more than 120 days.

19 ‘‘(9) The anticipated roles and missions of the

20 reserve components in the defense strategy and the

21 strength, capabilities, and equipment necessary to

22 assure that the reserve components can capably dis23 charge those roles and missions.

24 ‘‘(10) The appropriate ratio of combat forces to

25 support forces (commonly referred to as the ‘‘tooth-
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1 to-tail’’ ratio) under the defense strategy, including,

2 in particular, the appropriate number and size of

3 headquarters units and Defense Agencies for that

4 purpose.

5 ‘‘(11) The air-lift and sea-lift capabilities re6 quired to support the defense strategy.

7 ‘‘(12) The forward presence, pre-positioning,

8 and other anticipatory deployments necessary under

9 the defense strategy for conflict deterrence and ade10 quate military response to anticipated conflicts.

11 ‘‘(13) The extent to which resources must be

12 shifted among two or more theaters under the de13 fense strategy in the event of conflict in such thea14 ters.

15 ‘‘(14) The advisability of revisions to the Uni16 fied Command Plan as a result of the defense strat17 egy.

18 ‘‘(15) Any other matter the Secretary considers

19 appropriate.’’.

20 (b) NATIONAL DEFENSE PANEL.—Chapter 7 of such

21 title is amended by adding at the end the following:

22 ‘‘§ 184. National Defense Panel

23 ‘‘(a) ESTABLISHMENT.—Not later than January 1 of

24 each year immediately preceding a year in which a Presi25 dent is to be inaugurated, the Secretary of Defense shall
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1 establish a nonpartisan, independent panel to be known

2 as the National Defense Panel. The Panel shall have the

3 duties set forth in this section.

4 ‘‘(b) MEMBERSHIP AND CHAIRMAN.—(1) The Panel

5 shall be composed of nine members appointed from among

6 persons in the private sector who are recognized experts

7 in matters relating to the national security of the United

8 States, as follows:

9 ‘‘(A) Three members appointed by the Sec10 retary of Defense.

11 ‘‘(B) Three members appointed by the Chair12 man of the Committee on Armed Services of the

13 Senate, in consultation with the ranking member of

14 the committee.

15 ‘‘(C) Three members appointed by the Chair16 man of the Committee on Armed Services of the

17 House of Representatives, in consultation with the

18 ranking member of the committee.

19 ‘‘(2) The Secretary of Defense, in consultation with

20 the chairmen and ranking members of the Committees on

21 Armed Services of the Senate and the House of Represent22 atives, shall designate one of the members to serve as the

23 chairman of the Panel

24 ‘‘(c) DUTIES.—(1) The Panel shall—
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1 ‘‘(A) assess the matters referred to in para2 graph (2);

3 ‘‘(B) assess the current and projected strategic

4 environment, together with the progress made by the

5 armed forces in transforming to meet the environ6 ment;

7 ‘‘(C) identify the most dangerous threats to the

8 national security interests of the United States that

9 are to be countered by the United States in the en10 suing 10 years and those that are to be encountered

11 in the ensuing 20 years;

12 ‘‘(D) identify the strategic and operational chal13 lenges for the armed forces to address in order to

14 prepare to counter the threats identified under sub15 paragraph (C);

16 ‘‘(E) develop—

17 ‘‘(i) a recommendation on the priority that

18 should be accorded to each of the strategic and

19 operational challenges identified under subpara20 graph (D); and

21 ‘‘(ii) a recommendation on the priority that

22 should be accorded to the development of each

23 joint capability needed to meet each such chal24 lenge; and
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1 ‘‘(F) identify the issues that the Panel rec2 ommends for assessment during the next quadren3 nial review to be conducted under section 118 of this

4 title.

5 ‘‘(2) The matters to be assessed under paragraph

6 (1)(A) are the defense strategy, force structure, force

7 modernization plans, infrastructure, budget plan, and

8 other elements of the defense program and policies estab9 lished since the previous quadrennial defense review under

10 section 118 of this title.

11 ‘‘(3) The Panel shall conduct the assessments under

12 paragraph (1) with a view toward recommending—

13 ‘‘(A) the most critical changes that should be

14 made to the defense strategy of the United States

15 for the ensuing 10 years and the most critical

16 changes that should be made to the defense strategy

17 of the United States for the ensuing 20 years; and

18 ‘‘(B) any changes considered appropriate by the

19 Panel regarding the major weapon systems pro20 grammed for the force, including any alternatives to

21 those weapon systems.

22 ‘‘(d) REPORT.—(1) The Panel, in the year that it is

23 conducting an assessment under subsection (c), shall sub24 mit to the Secretary of Defense and to the Committees

25 on Armed Services of the Senate and the House of Rep-
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1 resentatives two reports on the assessment, including a

2 discussion of the Panel’s activities, the findings and rec3 ommendations of the Panel, and any recommendations for

4 legislation that the Panel considers appropriate, as fol5 lows:

6 ‘‘(A) A status report and an outline of current

7 activities not later than July 1 of the year.

8 ‘‘(B) A final report not later than December 1

9 of the year.

10 ‘‘(2) Not later than December 15 of the year in which

11 the Secretary receives a final report under paragraph

12 (1)(B), the Secretary shall submit to the committees re13 ferred to in subsection (b) a copy of the report together

14 with the Secretary’s comments on the report.

15 ‘‘(e) INFORMATION FROM FEDERAL AGENCIES.—

16 The Panel may secure directly from the Department of

17 Defense and any of its components and from any other

18 Federal department and agency such information as the

19 Panel considers necessary to carry out its duties under

20 this section. The head of the department or agency con21 cerned shall ensure that information requested by the

22 Panel under this subsection is promptly provided.

23 ‘‘(f) PERSONNEL MATTERS.—(1) Each member of

24 the Panel shall be compensated at a rate equal to the daily

25 equivalent of the annual rate of basic pay prescribed for
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1 level IV of the Executive Schedule under section 5315 of

2 title 5 for each day (including travel time) during which

3 the member is engaged in the performance of the duties

4 of the Panel.

5 ‘‘(2) The members of the Panel shall be allowed travel

6 expenses, including per diem in lieu of subsistence, at

7 rates authorized for employees of agencies under sub8 chapter I of chapter 57 of title 5 while away from their

9 homes or regular places of business in the performance

10 of services for the Panel.

11 ‘‘(3)(A) The chairman of the Panel may, without re12 gard to the civil service laws and regulations, appoint and

13 terminate an executive director and a staff if the Panel

14 determines that an executive director and staff are nec15 essary in order for the Panel to perform its duties effec16 tively. The employment of an executive director shall be

17 subject to confirmation by the Panel.

18 ‘‘(B) The chairman may fix the compensation of the

19 executive director without regard to the provisions of

20 chapter 51 and subchapter III of chapter 53 of title 5 re21 lating to classification of positions and General Schedule

22 pay rates, except that the rate of pay for the executive

23 director may not exceed the rate payable for level V of

24 the Executive Schedule under section 5316 of such title.
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1 ‘‘(4) Any Federal Government employee may be de2 tailed to the Panel without reimbursement of the employ3 ee’s agency, and such detail shall be without interruption

4 or loss of civil service status or privilege. The Secretary

5 shall ensure that sufficient personnel are detailed to the

6 Panel to enable the Panel to carry out its duties effec7 tively.

8 ‘‘(5) To the maximum extent practicable, the mem9 bers and employees of the Panel shall travel on military

10 aircraft, military ships, military vehicles, or other military

11 conveyances when travel is necessary in the performance

12 of a duty of the Panel, except that no such aircraft, ship,

13 vehicle, or other conveyance may be scheduled primarily

14 for the transportation of any such member or employee

15 when the cost of commercial transportation is less expen16 sive.

17 ‘‘(g) ADMINISTRATIVE PROVISIONS.—(1) The Panel

18 may use the United States mails and obtain printing and

19 binding services in the same manner and under the same

20 conditions as other departments and agencies of the Fed21 eral Government.

22 ‘‘(2) The Secretary shall furnish the Panel any ad23 ministrative and support services requested by the Panel.

24 ‘‘(3) The Panel may accept, use, and dispose of gifts

25 or donations of services or property.
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1 ‘‘(h) PAYMENT OF PANEL EXPENSES.—The com2 pensation, travel expenses, and per diem allowances of

3 members and employees of the Panel shall be paid out of

4 funds available to the Department of Defense for the pay5 ment of compensation, travel allowances, and per diem al6 lowances, respectively, of civilian employees of the Depart7 ment. The other expenses of the Panel shall be paid out

8 of funds available to the Department for the payment of

9 similar expenses incurred by the Department.

10 ‘‘(i) TERMINATION.—The Panel shall terminate at

11 the end of the year following the year in which the Panel

12 submits its final report under subsection (d)(1)(B). For

13 the period that begins 90 days after the date of submittal

14 of the report, the activities and staff of the panel shall

15 be reduced to a level that the Secretary of Defense con16 siders sufficient to continue the availability of the panel

17 for consultation with the Secretary of Defense and with

18 the Committees on Armed Services of the Senate and the

19 House of Representatives.’’.

20 (c) CLERICAL AMENDMENTS.—(1) The table of sec21 tions at the beginning of chapter 2 of title 10, United

22 States Code, is amended by inserting after the item relat23 ing to section 117 the following:

‘‘118. Quadrennial defense review.’’.
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1 (2) The table of sections at the beginning of chapter

2 7 of such title is amended by adding at the end the fol3 lowing:

‘‘184. National Defense Panel.’’.

4 Subtitle B—Commission To Assess

5 United States National Security

6 Space Management and Organi7 zation

8 SEC. 911. ESTABLISHMENT OF COMMISSION.

9 (a) ESTABLISHMENT.—There is hereby established a

10 commission known as the ‘‘Commission To Assess United

11 States National Security Space Management and Organi12 zation’’ (hereafter in this subtitle referred to as the ‘‘Com13 mission’’).

14 (b) COMPOSITION.—The Commission shall be com15 posed of nine members appointed by the Secretary of De16 fense. In selecting individuals for appointment to the Com17 mission, the Secretary should consult with—

18 (1) the Speaker of the House of Representa19 tives concerning the appointment of three of the

20 members of the Commission;

21 (2) the majority leader of the Senate concerning

22 the appointment of three of the members of the

23 Commission; and

24 (3) the minority leader of the House of Rep25 resentatives and the minority leader of the Senate
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1 concerning the appointment of three of the members

2 of the Commission.

3 (c) QUALIFICATIONS.—Members of the Commission

4 shall be appointed from among private citizens of the

5 United States who have knowledge and expertise in the

6 areas of national security space policy, programs, organi7 zations, and future national security concepts.

8 (d) CHAIRMAN.—The Speaker of the House of Rep9 resentatives, after consultation with the majority leader of

10 the Senate and the minority leaders of the House of Rep11 resentatives and the Senate, shall designate one of the

12 members of the Commission to serve as chairman of the

13 Commission.

14 (e) PERIOD OF APPOINTMENT; VACANCIES.—Mem15 bers shall be appointed for the life of the Commission. Any

16 vacancy in the Commission shall be filled in the same man17 ner as the original appointment.

18 (f) SECURITY CLEARANCES.—All members of the

19 Commission shall hold appropriate security clearances.

20 (g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

21 appointments to the Commission shall be made not later

22 than 90 days after the date of the enactment of this Act.

23 (2) The Commission shall convene its first meeting

24 not later than 60 days after the date as of which all mem-
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1 bers of the Commission have been appointed, but not ear2 lier than October 15, 1999.

3 SEC. 912. DUTIES OF COMMISSION.

4 (a) REVIEW OF UNITED STATES NATIONAL SECU5 RITY SPACE MANAGEMENT AND ORGANIZATION.—The

6 Commission shall, with a focus on changes to be imple7 mented over the near-term, medium-term, and long-term

8 that would strengthen United States national security, re9 view the following:

10 (1) The relationship between the intelligence

11 and nonintelligence aspects of national security

12 space (so-called ‘‘white space’’ and ‘‘black space’’),

13 and the potential benefits of a partial or complete

14 merger of the programs, projects, or activities that

15 are differentiated by the two aspects.

16 (2) The benefits of establishing any of the fol17 lowing:

18 (A) An independent military department

19 and service dedicated to the national security

20 space mission.

21 (B) A corps within the Air Force dedicated

22 to the national security space mission.

23 (C) A position of Assistant Secretary of

24 Defense for Space within the Office of the Sec25 retary of Defense.
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1 (D) Any other change to the existing orga2 nizational structure of the Department of De3 fense for national security space management

4 and organization.

5 (3) The benefits of establishing a new major

6 force program, or other budget mechanism, for man7 aging national security space funding within the De8 partment of Defense.

9 (b) COOPERATION FROM GOVERNMENT OFFI10 CIALS.—In carrying out its duties, the Commission should

11 receive the full and timely cooperation of the Secretary

12 of Defense, the Director of Central Intelligence, and any

13 other United States Government official responsible for

14 providing the Commission with analyses, briefings, and

15 other information necessary for the fulfillment of its re16 sponsibilities.

17 SEC. 913. REPORT.

18 The Commission shall, not later than six months

19 after the date of its first meeting, submit to Congress a

20 report on its findings and conclusions.

21 SEC. 914. POWERS.

22 (a) HEARINGS.—The Commission or, at its direction,

23 any panel or member of the Commission, may, for the pur24 pose of carrying out the provisions of this subtitle, hold

25 hearings, sit and act at times and places, take testimony,
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1 receive evidence, and administer oaths to the extent that

2 the Commission or any panel or member considers advis3 able.

4 (b) INFORMATION.—The Commission may secure di5 rectly from the Department of Defense, the other depart6 ments and agencies of the intelligence community, and any

7 other Federal department or agency information that the

8 Commission considers necessary to enable the Commission

9 to carry out its responsibilities under this subtitle.

10 SEC. 915. COMMISSION PROCEDURES.

11 (a) MEETINGS.—The Commission shall meet at the

12 call of the Chairman.

13 (b) QUORUM.—(1) Five members of the Commission

14 shall constitute a quorum other than for the purpose of

15 holding hearings.

16 (2) The Commission shall act by resolution agreed

17 to by a majority of the members of the Commission.

18 (c) COMMISSION.—The Commission may establish

19 panels composed of less than full membership of the Com20 mission for the purpose of carrying out the Commission’s

21 duties. The actions of each such panel shall be subject to

22 the review and control of the Commission. Any findings

23 and determinations made by such a panel shall not be con24 sidered the findings and determinations of the Commis25 sion unless approved by the Commission.
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1 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM2 MISSION.—Any member or agent of the Commission may,

3 if authorized by the Commission, take any action which

4 the Commission is authorized to take under this subtitle.

5 SEC. 916. PERSONNEL MATTERS.

6 (a) PAY OF MEMBERS.—Members of the Commission

7 shall serve without pay by reason of their work on the

8 Commission.

9 (b) TRAVEL EXPENSES.—The members of the Com10 mission shall be allowed travel expenses, including per

11 diem in lieu of subsistence, at rates authorized for employ12 ees of agencies under subchapter I of chapter 57 of title

13 5, United States Code, while away from their homes or

14 regular places of business in the performance of services

15 for the Commission.

16 (c) STAFF.—(1) The chairman of the Commission

17 may, without regard to the provisions of title 5, United

18 States Code, governing appointments in the competitive

19 service, appoint a staff director and such additional per20 sonnel as may be necessary to enable the Commission to

21 perform its duties. The appointment of a staff director

22 shall be subject to the approval of the Commission.

23 (2) The chairman of the Commission may fix the pay

24 of the staff director and other personnel without regard

25 to the provisions of chapter 51 and subchapter III of chap-
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1 ter 53 of title 5, United States Code, relating to classifica2 tion of positions and General Schedule pay rates, except

3 that the rate of pay fixed under this paragraph for the

4 staff director may not exceed the rate payable for level

5 V of the Executive Schedule under section 5316 of such

6 title and the rate of pay for other personnel may not ex7 ceed the maximum rate payable for grade GS–15 of the

8 General Schedule.

9 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

10 request of the chairman of the Commission, the head of

11 any Federal department or agency may detail, on a non12 reimbursable basis, any personnel of that department or

13 agency to the Commission to assist it in carrying out its

14 duties.

15 (e) PROCUREMENT OF TEMPORARY AND INTERMIT16 TENT SERVICES.—The chairman of the Commission may

17 procure temporary and intermittent services under section

18 3109(b) of title 5, United States Code, at rates for individ19 uals which do not exceed the daily equivalent of the annual

20 rate of basic pay payable for level V of the Executive

21 Schedule under section 5316 of such title.

22 SEC. 917. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

23 (a) POSTAL AND PRINTING SERVICES.—The Com24 mission may use the United States mails and obtain print25 ing and binding services in the same manner and under
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1 the same conditions as other departments and agencies of

2 the Federal Government.

3 (b) MISCELLANEOUS ADMINISTRATIVE AND SUP4 PORT SERVICES.—The Secretary of Defense shall furnish

5 the Commission, on a reimbursable basis, any administra6 tive and support services requested by the Commission.

7 SEC. 918. FUNDING.

8 Funds for activities of the Commission shall be pro9 vided from amounts appropriated for the Department of

10 Defense for operation and maintenance for Defense-wide

11 activities for fiscal year 2000. Upon receipt of a written

12 certification from the Chairman of the Commission speci13 fying the funds required for the activities of the Commis14 sion, the Secretary of Defense shall promptly disburse to

15 the Commission, from such amounts, the funds required

16 by the Commission as stated in such certification.

17 SEC. 919. TERMINATION OF THE COMMISSION.

18 The Commission shall terminate 60 days after the

19 date of the submission of its report under section 913.

20 TITLE X—GENERAL PROVISIONS

21 Subtitle A—Financial Matters

22 SEC. 1001. TRANSFER AUTHORITY.

23 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

24 (1) Upon determination by the Secretary of Defense that

25 such action is necessary in the national interest, the Sec-
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1 retary may transfer amounts of authorizations made avail2 able to the Department of Defense in this division for fis3 cal year 2000 between any such authorizations for that

4 fiscal year (or any subdivisions thereof). Amounts of au5 thorizations so transferred shall be merged with and be

6 available for the same purposes as the authorization to

7 which transferred.

8 (2) The total amount of authorizations that the Sec9 retary may transfer under the authority of this section

10 may not exceed $2,000,000,000.

11 (b) LIMITATIONS.—The authority provided by this

12 section to transfer authorizations—

13 (1) may only be used to provide authority for

14 items that have a higher priority than the items

15 from which authority is transferred; and

16 (2) may not be used to provide authority for an

17 item that has been denied authorization by Con18 gress.

19 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

20 transfer made from one account to another under the au21 thority of this section shall be deemed to increase the

22 amount authorized for the account to which the amount

23 is transferred by an amount equal to the amount trans24 ferred.
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1 (d) NOTICE TO CONGRESS.—The Secretary shall

2 promptly notify Congress of each transfer made under

3 subsection (a).

4 SEC. 1002. SECOND BIENNIAL FINANCIAL MANAGEMENT

5 IMPROVEMENT PLAN.

6 The second biennial financial management improve7 ment plan submitted to Congress under section 2222 of

8 title 10, United States Code, shall include the following

9 matters:

10 (1) An inventory of the finance and accounting

11 systems and data feeder systems of the Department

12 of Defense and, for each such system—

13 (A) a statement regarding whether the sys14 tem complies with the requirements applicable

15 to the system under sections 3512, 3515, and

16 3521 of title 31, United States Code;

17 (B) a statement regarding whether the sys18 tem is to be retained, consolidated, or elimi19 nated;

20 (C) a detailed plan of the actions that are

21 being taken or are to be taken within the De22 partment of Defense (including provisions for

23 schedule, performance objectives, interim mile24 stones, and necessary resources)—
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1 (i) to ensure easy and reliable inter2 facing of the system (or a consolidated or

3 successor system) with the department’s

4 core finance and accounting systems and

5 with other data feeder systems; and

6 (ii) to institute appropriate internal

7 controls that, among other benefits, ensure

8 the integrity of the data in the system (or

9 a consolidated or successor system);

10 (D) for each system that is to be consoli11 dated or eliminated, a detailed plan of the ac12 tions that are being taken or are to be taken

13 (including provisions for schedule and interim

14 milestones) in carrying out the consolidation or

15 elimination, including a discussion of both the

16 interim or migratory systems and any further

17 consolidation that may be involved; and

18 (E) a list of the officials in the Depart19 ment of Defense who are responsible for ensur20 ing that actions referred to in subparagraphs

21 (C) and (D) are taken in a timely manner.

22 (2) A description of each major procurement

23 action that is being taken within the Department of

24 Defense to replace or improve a finance and ac25 counting system or a data feeder system listed in the
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1 inventory under paragraph (1) and, for each such

2 procurement action, the measures that are being

3 taken or are to be taken to ensure that the new or

4 enhanced system—

5 (A) provides easy and reliable interfacing

6 of the system with the core finance and ac7 counting systems of the department and with

8 other data feeder systems; and

9 (B) includes appropriate internal controls

10 that, among other benefits, ensure the integrity

11 of the data in the system.

12 (3) A financial management competency plan

13 that includes performance objectives, milestones (in14 cluding interim objectives), responsible officials, and

15 the necessary resources to accomplish the perform16 ance objectives, together with the following:

17 (A) A description of the actions necessary

18 to ensure that the person in each comptroller

19 position (or comparable position) in the Depart20 ment of Defense, whether a member of the

21 Armed Forces or a civilian employee, has the

22 education, technical competence, and experience

23 to perform in accordance with the core com24 petencies necessary for financial management.
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1 (B) A description of the education that is

2 necessary for a financial manager in a senior

3 grade to be knowledgeable in—

4 (i) applicable laws and administrative

5 and regulatory requirements, including the

6 requirements and procedures relating to

7 Government performance and results

8 under sections 1105(a)(28), 1115, 1116,

9 1117, 1118, and 1119 of title 31, United

10 States Code;

11 (ii) the strategic planning process and

12 how the process relates to resource man13 agement;

14 (iii) budget operations and analysis

15 systems;

16 (iv) management analysis functions

17 and evaluation; and

18 (v) the principles, methods, tech19 niques, and systems of financial manage20 ment.

21 (C) The advantages and disadvantages of

22 establishing and operating a consolidated De23 partment of Defense school that instructs in the

24 principles referred to in subparagraph (B)(v).
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1 (D) The applicable requirements for formal

2 civilian education.

3 (4) A detailed plan (including performance ob4 jectives and milestones and standards for measuring

5 progress toward attainment of the objectives) for—

6 (A) improving the internal controls and in7 ternal review processes of the Defense Finance

8 and Accounting Service to provide reasonable

9 assurances that—

10 (i) obligations and costs are in compli11 ance with the applicable laws;

12 (ii) funds, property, and other assets

13 are safeguarded against waste, loss, unau14 thorized use, and misappropriation;

15 (iii) revenues and expenditures appli16 cable to agency operations are properly re17 corded and accounted for so as to permit

18 the preparation of accounts and reliable fi19 nancial and statistical reports and to main20 tain accountability over assets;

21 (iv) obligations and expenditures are

22 recorded contemporaneously with each

23 transaction;

24 (v) organizational and functional du25 ties are performed separately at each step
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1 in the cycles of transactions (including, in

2 the case of a contract, the specification of

3 requirements, the formation of the con4 tract, the certification of contract perform5 ance, receiving and warehousing, account6 ing, and disbursing); and

7 (vi) use of progress payment alloca8 tion systems results in posting of payments

9 to appropriation accounts consistent with

10 section 1301 of title 31, United States

11 Code.

12 (B) ensuring that the Defense Finance and

13 Accounting Service has—

14 (i) a single standard transaction gen15 eral ledger that, at a minimum, uses dou16 ble-entry bookkeeping and complies with

17 the United States Government Standard

18 General Ledger at the transaction level as

19 required under section 803(a) of the Fed20 eral Financial Management Improvement

21 Act of 1996 (31 U.S.C. 3512 note);

22 (ii) an integrated data base for fi23 nance and accounting functions; and

24 (iii) automated cost, performance, and

25 other output measures;
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1 (C) providing a single, consistent set of

2 policies and procedures for financial trans3 actions throughout the Department of Defense;

4 (D) ensuring compliance with applicable

5 policies and procedures for financial trans6 actions throughout the Department of Defense;

7 and

8 (E) reviewing safeguards for preservation

9 of assets and verifying the existence of assets.

10 (5) An internal controls checklist which, con11 sistent with the authority in sections 3511 and 3512

12 of title 31, United States Code, the Comptroller

13 General shall prescribe as the standards for use

14 throughout the Department of Defense, together

15 with a statement of the Department of Defense pol16 icy on use of the checklist throughout the depart17 ment.

18 SEC. 1003. SINGLE PAYMENT DATE FOR INVOICE FOR VAR19 IOUS SUBSISTENCE ITEMS.

20 Section 3903 of title 31, United States Code, is

21 amended—

22 (1) by redesignating subsection (c) as sub23 section (d); and

24 (2) by inserting after subsection (b) the fol25 lowing new subsection (c):
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1 ‘‘(c) A contract for the procurement of subsistence

2 items that is entered into under the prime vendor program

3 of the Defense Logistics Agency may specify for the pur4 poses of section 3902 of this title a single required pay5 ment date that is to be applicable to an invoice for subsist6 ence items furnished under the contract when more than

7 one payment due date would otherwise be applicable to

8 the invoice under the regulations prescribed under para9 graphs (2), (3), and (4) of subsection (a) or under any

10 other provisions of law. The required payment date speci11 fied in the contract shall be consistent with prevailing in12 dustry practices for the subsistence items, but may not

13 be more than 10 days after the date of receipt of the in14 voice or the certified date of receipt of the items. The Di15 rector of the Office of Management and Budget shall pro16 vide in the regulations under subsection (a) that when a

17 required payment date is so specified for an invoice, no

18 other payment due date applies to the invoice.’’.

19 SEC. 1004. AUTHORITY TO REQUIRE USE OF ELECTRONIC

20 TRANSFER OF FUNDS FOR DEPARTMENT OF

21 DEFENSE PERSONNEL PAYMENTS.

22 (a) AUTHORITY.—Chapter 165 of title 10, United

23 States Code, is amended by adding at the end the fol24 lowing:
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1 ‘‘§ 2784. Payments to personnel: electronic transfers

2 of funds

3 ‘‘(a) AUTHORITY.—The Secretary of Defense may re4 quire that pay, allowances, retired or retainer pay, and

5 any other payments out of funds available to the Depart6 ment of Defense to or for members of the armed forces,

7 former members of the armed forces, employees or former

8 employees of the Department of Defense, or dependents

9 of such personnel be made by electronic transfer of funds.

10 For any such requirement, the Secretary of Defense may

11 prescribe in regulations any exceptions that the Secretary

12 considers appropriate.

13 ‘‘(b) RELATIONSHIP TO OTHER LAW.—The authority

14 under subsection (a) is independent of the authority pro15 vided under section 3332 of title 31 and may be exercised

16 without regard to any exception provided under that sec17 tion.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by adding

20 at the end the following:

‘‘2784. Payments to personnel: electronic transfers of funds.’’.

21 (c) STUDY AND REPORT ON DEPARTMENT OF DE22 FENSE ELECTRONIC FUND TRANSFERS.—(1) Subject to

23 paragraph (3), the Secretary of Defense shall conduct a

24 feasibility study to determine—
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1 (A) whether all electronic payments issued by

2 the Department of Defense should be routed

3 through the Regional Finance Centers of the De4 partment of the Treasury for verification and rec5 onciliation;

6 (B) whether all electronic payments made by

7 the Department of Defense should be subjected to

8 the same level of reconciliation as United States

9 Treasury checks, including matching each payment

10 issued with each corresponding deposit at financial

11 institutions;

12 (C) whether the appropriate computer security

13 controls are in place in order to ensure the integrity

14 of electronic payments;

15 (D) the estimated costs of implementing the

16 processes and controls described in subparagraphs

17 (A), (B), (C); and

18 (E) the period that would be required to imple19 ment the processes and controls.

20 (2) Not later than March 1, 2000, the Secretary of

21 Defense shall submit a report to Congress containing the

22 results of the study required by paragraph (1).

23 (3) In this subsection, the term ‘‘electronic payment’’

24 means any transfer of funds, other than a transaction

25 originated by check, draft, or similar paper instrument,
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1 which is initiated through an electronic terminal, tele2 phonic instrument, or computer or magnetic tape so as

3 to order, instruct, or authorize a debit or credit to a finan4 cial account.

5 SEC. 1005. PAYMENT OF FOREIGN LICENSING FEES OUT

6 OF PROCEEDS OF SALES OF MAPS, CHARTS,

7 AND NAVIGATIONAL BOOKS.

8 (a) IN GENERAL.—Subchapter II of chapter 22 of

9 title 10, United States Code, is amended—

10 (1) by redesignating section 456 as section 457;

11 and

12 (2) by inserting after section 455 the following

13 new section 456:

14 ‘‘§ 456. Maps, charts, and navigational publications:

15 use of proceeds of sale for foreign licens16 ing and other fees

17 ‘‘(a) AUTHORITY TO PAY FOREIGN LICENSING

18 FEES.—The Secretary of Defense may pay, out of the pro19 ceeds of sales of maps, charts, and other publications of

20 the National Imagery and Mapping Agency (which are

21 hereby made available for the purpose), any licensing or

22 other fees imposed by foreign countries or international

23 organizations for the acquisition or use of data or products

24 by the Agency.
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1 ‘‘(b) DISPOSITION OF OTHER PROCEEDS.—Any pro2 ceeds of sales not paid under the authority in subsection

3 (a) shall be deposited by the Secretary of Defense in the

4 Treasury as miscellaneous receipts.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of that subchapter is amended by striking

7 the item relating to section 456 and inserting the following

8 new items:

‘‘456. Maps, charts, and navigational publications: use of proceeds of sale for

foreign licensing and other fees.

‘‘457. Civil actions barred.’’.

9 SEC. 1006. AUTHORITY FOR DISBURSING OFFICERS TO

10 SUPPORT USE OF AUTOMATED TELLER MA11 CHINES ON NAVAL VESSELS FOR FINANCIAL

12 TRANSACTIONS.

13 Section 3342(a) of title 31, United States Code, is

14 amended—

15 (1) by striking ‘‘and’’ at the end of paragraph

16 (2);

17 (2) by striking the period at the end of para18 graph (3)(B) and inserting ‘‘; and’’; and

19 (3) by adding at the end the following new

20 paragraph (4):

21 ‘‘(4) with respect to automated teller machines

22 on naval vessels—

23 ‘‘(A) provide operating funds to the auto24 mated teller machines; and
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1 ‘‘(B) accept, for safekeeping, deposits and

2 transfers of funds made through the automated

3 teller machines.’’.

4 SEC. 1007. CENTRAL TRANSFER ACCOUNT FOR COM5 BATING TERRORISM.

6 (a) AMOUNT FOR FISCAL YEAR 2000.—(1) Of the

7 amounts authorized to be appropriated under this Act for

8 the Department of Defense for fiscal year 2000,

9 $1,954,430,000 shall be available from the sources and

10 in the amounts specified in paragraph (2) for the missions

11 of the Department of Defense related to combating ter12 rorism inside and outside the United States.

13 (2) The amounts and sources referred to in para14 graph (1) are as follows:

15 (A) $229,820,000 of the total amount author16 ized to be appropriated pursuant to title I for fiscal

17 year 2000.

18 (B) $212,510,000 of the total amount author19 ized to be appropriated pursuant to title II for fiscal

20 year 2000.

21 (C) $1,512,100,000 of the total amount author22 ized to be appropriated pursuant to title III for fis23 cal year 2000 (except for the amount authorized to

24 be appropriated under section 301(a)(25)).
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1 (b) TRANSFER.—(1) The amounts made available

2 under subsection (a) from the authorizations of appropria3 tions referred to in that subsection shall be transferred

4 to the amount authorized to be appropriated under section

5 301(a)(25).

6 (2) The transfer authority provided in this section is

7 in addition to the transfer authority provided in section

8 1001.

9 (c) BUDGET PROPOSALS FOR FISCAL YEARS AFTER

10 FISCAL YEAR 2000.—The budget of the United States

11 Government submitted to Congress under section 1105 of

12 title 31, United States Code, for each fiscal year after fis13 cal year 2000 shall set forth separately for a single ac14 count the amount requested for the missions of the De15 partment of Defense related to combating terrorism inside

16 and outside the United States.

17 SEC. 1008. UNITED STATES CONTRIBUTION TO NATO COM18 MON-FUNDED BUDGETS IN FISCAL YEAR 2000.

19 (a) FISCAL YEAR 2000 LIMITATION.—The total

20 amount contributed by the Secretary of Defense in fiscal

21 year 2000 for the common-funded budgets of NATO may

22 be any amount up to, but not in excess of, the amount

23 specified in subsection (b) (rather than the maximum

24 amount that would otherwise be applicable to those con25 tributions under the fiscal year 1998 baseline limitation).
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1 (b) TOTAL AMOUNT.—The amount of the limitation

2 applicable under subsection (a) is the sum of the following:

3 (1) The amounts of unexpended balances, as of

4 the end of fiscal year 1999, of funds appropriated

5 for fiscal years before fiscal year 2000 for payments

6 for those budgets.

7 (2) The amount authorized to be appropriated

8 under section 301(a)(1) that is available for con9 tributions for the NATO common-funded military

10 budget under section 311.

11 (3) The amount authorized to be appropriated

12 under section 201 that is available for contribution

13 for the NATO common-funded civil budget under

14 section 211.

15 (4) The total amount of the contributions au16 thorized to be made under section 2501.

17 (c) DEFINITIONS.—For purposes of this section:

18 (1) COMMON-FUNDED BUDGETS OF NATO.—

19 The term ‘‘common-funded budgets of NATO’’

20 means the Military Budget, the Security Investment

21 Program, and the Civil Budget of the North Atlantic

22 Treaty Organization (and any successor or addi23 tional account or program of NATO).

24 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

25 The term ‘‘fiscal year 1998 baseline limitation’’
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1 means the maximum annual amount of Department

2 of Defense contributions for common-funded budgets

3 of NATO that is set forth as the annual limitation

4 in section 3(2)(C)(ii) of the resolution of the Senate

5 giving the advice and consent of the Senate to the

6 ratification of the Protocols to the North Atlantic

7 Treaty of 1949 on the Accession of Poland, Hun8 gary, and the Czech Republic (as defined in section

9 4(7) of that resolution), approved by the Senate on

10 April 30, 1998.

11 SEC. 1009. RESPONSIBILITIES AND ACCOUNTABILITY FOR

12 FINANCIAL MANAGEMENT.

13 (a) UNDER SECRETARY OF DEFENSE (COMP14 TROLLER).—(1) Section 135 of title 10, United States

15 Code, is amended—

16 (A) by redesignating subsections (d) and (e) as

17 subsections (e) and (f), respectively; and

18 (B) by inserting after subsection (c) the fol19 lowing:

20 ‘‘(d)(1) The Under Secretary is responsible for ensur21 ing that the financial statements of the Department of De22 fense are in a condition to receive an unqualified audit

23 opinion and that such an opinion is obtained for the state24 ments.
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1 ‘‘(2) If the Under Secretary delegates the authority

2 to perform a duty, including any duty relating to disburse3 ment or accounting, to another officer, employee, or entity

4 of the United States, the Under Secretary continues after

5 the delegation to be responsible and accountable for the

6 activity, operation, or performance of a system covered by

7 the delegated authority.’’.

8 (2) Subsection (c)(1) of such section is amended by

9 inserting ‘‘and to ensure accountability to the citizens of

10 the United States, Congress, the President, and managers

11 within the Department of Defense’’ before the semicolon

12 at the end.

13 (b) MANAGEMENT OF CREDIT CARDS.—(1) The

14 Under Secretary of Defense (Comptroller) shall prescribe

15 regulations governing the use and control of all credit

16 cards and convenience checks that are issued to Depart17 ment of Defense personnel for official use. The regulations

18 shall be consistent with regulations that apply govern19 ment-wide regarding use of credit cards by Federal Gov20 ernment personnel for official purposes.

21 (2) The regulations shall include safeguards and in22 ternal controls to ensure the following:

23 (A) There is a record of all credited card hold24 ers that is annotated with the limitations on
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1 amounts that are applicable to the use of each card

2 by each credit card holder.

3 (B) The credit card holders and authorizing of4 ficials are responsible for reconciling the charges ap5 pearing on each statement of account with receipts

6 and other supporting documentation and for for7 warding reconciled statements to the designated dis8 bursing office in a timely manner.

9 (C) Disputes and discrepancies are resolved in

10 the manner prescribed in the applicable Government11 wide credit card contracts entered into by the Ad12 ministrator of General Services.

13 (D) Credit card payments are made promptly

14 within prescribed deadlines to avoid interest pen15 alties.

16 (E) Rebates and refunds based on prompt pay17 ment on credit card accounts are properly recorded

18 in the books of account.

19 (F) Records of a credit card transaction (in20 cluding records on associated contracts, reports, ac21 counts, and invoices) are retained in accordance with

22 standard Federal Government policies on the dis23 position of records.

24 (c) REMITTANCE ADDRESSES.—The Under Secretary

25 of Defense (Comptroller) shall prescribe regulations set-
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1 ting forth controls on alteration of remittance addresses.

2 The regulations shall ensure that—

3 (1) a remittance address for a disbursement

4 that is provided by an officer or employee of the De5 partment of Defense authorizing or requesting the

6 disbursement is not altered by any officer or em7 ployee of the department authorized to prepare the

8 disbursement; and

9 (2) a remittance address for a disbursement is

10 altered only if the alteration is—

11 (A) requested by the person to whom the

12 disbursement is authorized to be remitted; and

13 (B) made by an officer or employee au14 thorized to do so who is not an officer or em15 ployee referred to in paragraph (1).

16 SEC. 1010. AUTHORIZATION OF EMERGENCY SUPPLE17 MENTAL APPROPRIATIONS FOR FISCAL YEAR

18 1999.

19 Amounts authorized to be appropriated to the De20 partment of Defense for fiscal year 1999 in the Strom

21 Thurmond National Defense Authorization Act for Fiscal

22 Year 1999 (Public Law 105–261) are hereby adjusted,

23 with respect to any such authorized amount, by the

24 amount by which appropriations pursuant to such author25 ization were increased (by a supplemental appropriation)
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1 or decreased (by a rescission), or both, in the 1999 Emer2 gency Supplemental Appropriations Act.

3 Subtitle B—Naval Vessels and

4 Shipyards

5 SEC. 1011. SALES OF NAVAL SHIPYARD ARTICLES AND

6 SERVICES TO NUCLEAR SHIP CONTRACTORS.

7 (a) WAIVER OF REQUIRED CONDITIONS.—Chapter

8 633 of title 10, United States Code, is amended by insert9 ing after section 7299a the following:

10 ‘‘§ 7300. Contracts for nuclear ships: sales of naval

11 shipyard articles and services to contrac12 tors

13 ‘‘The conditions set forth in section 2208(j)(2) of this

14 title and subsections (a)(1) and (c)(1) of section 2553 of

15 this title shall not apply to a sale of articles or services

16 of a naval shipyard that is made to a contractor under

17 a Department of Defense contract for a nuclear ship in

18 order to facilitate the contractor’s fulfillment of that con19 tract.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of such chapter is amended by inserting

22 after the item relating to section 7299a the following:

‘‘7300. Contracts for nuclear ships: sales of naval shipyard articles and services

to contractors.’’.
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1 SEC. 1012. PERIOD OF DELAY AFTER NOTICE OF PRO2 POSED TRANSFER OF VESSEL STRICKEN

3 FROM NAVAL VESSEL REGISTER.

4 Section 7306(d) of title 10, United States Code, is

5 amended—

6 (1) by striking ‘‘(1)’’;

7 (2) by striking ‘‘(A)’’ and inserting ‘‘(1)’’; and

8 (3) by striking ‘‘(B)’’ and all that follows and

9 inserting the following:

10 ‘‘(2) following the date on which such notice is

11 sent to Congress, there has elapsed 60 days on

12 which at least one of the Houses of Congress has

13 been in session.’’.

14 SEC. 1013. TRANSFER OF NAVAL VESSEL TO FOREIGN

15 COUNTRY.

16 (a) THAILAND.—The Secretary of the Navy is au17 thorized to transfer to the Government of Thailand the

18 CYCLONE class coastal patrol craft CYCLONE (PC1)

19 or a craft with a similar hull. The transfer shall be made

20 on a sale, lease, lease/buy, or grant basis under section

21 516 of the Foreign Assistance Act of 1961 (22 U.S.C.

22 2321j).

23 (b) COSTS.—Any expense incurred by the United

24 States in connection with the transfer authorized under

25 subsection (a) shall be charged to the Government of Thai26 land.
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1 (c) REPAIR AND REFURBISHMENT IN UNITED

2 STATES SHIPYARDS.—To the maximum extent prac3 ticable, the Secretary of the Navy shall require, as a condi4 tion of the transfer of the vessel to the Government of

5 Thailand under this section, that the Government of Thai6 land have such repair or refurbishment of the vessel as

7 is needed, before the vessel joins the naval forces of that

8 country, performed at a United States Naval shipyard or

9 other shipyard located in the United States.

10 (d) EXPIRATION OF AUTHORITY.—The authority to

11 transfer a vessel under subsection (a) shall expire at the

12 end of the two-year period beginning on the date of the

13 enactment of this Act.

14 Subtitle C—Miscellaneous Report

15 Requirements and Repeals

16 SEC. 1021. PRESERVATION OF CERTAIN DEFENSE REPORT17 ING REQUIREMENTS.

18 (a) PRESERVATION.—Any provision of law specified

19 in subsections (b) through (i) that requires the submittal

20 to Congress (or any committee of the Congress) of any

21 annual, semiannual, or other regular periodic report shall

22 remain in effect with respect to that requirement (notwith23 standing any other provision of law) in accordance with

24 the terms of the specified provision of law.
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1 (b) TITLE 10.—Subsection (a) applies with respect

2 to the following provisions of title 10, United States Code,

3 listed in the Clerk’s Report (defined in subsection (j)):

4 (1) Sections 113(c) and 113(j), listed on page

5 57 of the Clerk’s Report.

6 (2) Section 115a(a), listed on page 57 of the

7 Clerk’s Report as 10 U.S.C. 115(b)(3)(A).

8 (3) Section 139(f), listed on page 62 of the

9 Clerk’s Report as 10 U.S.C. 138(g)(1).

10 (4) Section 221, listed on page 64 of the

11 Clerk’s Report as 10 U.S.C. 114.

12 (5) Section 226, specified on page 149 of the

13 Clerk’s Report as section 1002 of Public Law 102–

14 190.

15 (6) Section 662(b), listed on page 58 of the

16 Clerk’s Report.

17 (7) Section 1464(c), listed on page 60 of the

18 Clerk’s Report.

19 (8) Section 2006(e)(3), listed on page 76 of the

20 Clerk’s Report.

21 (9) Section 2010, listed on page 57 of the

22 Clerk’s Report.

23 (10) Section 2011(e), listed on page 56 of the

24 Clerk’s Report as Pub. L. 102–190, Sec. 1052(a).
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1 (11) Section 2208(q), listed on page 64 of the

2 Clerk’s Report as 10 U.S.C. 2208(i).

3 (12) Section 2391(c), listed on page 62 of the

4 Clerk’s Report.

5 (13) Section 2431(a), listed on page 63 of the

6 Clerk’s Report.

7 (14) Section 2432, listed on page 63 of the

8 Clerk’s Report.

9 (15) Section 2433, listed on page 63 of the

10 Clerk’s Report as 10 U.S.C. 2433(e)(1) and

11 2433(e)(2)(A).

12 (16) Section 2461(g), listed on page 62 of the

13 Clerk’s Report as 10 U.S.C. 2304 note.

14 (17) Section 2662(b), listed on pages 69, 74,

15 and 76 of the Clerk’s Report.

16 (18) Section 2687(b), listed on page 62 of the

17 Clerk’s Report.

18 (19) Section 2706, listed on page 60 of the

19 Clerk’s Report.

20 (20) Section 2859, listed on page 58 of the

21 Clerk’s Report.

22 (21) Section 2902(g)(2), specified on page 148

23 of the Clerk’s Report as section 1804(a) of Public

24 Law 101–510.
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1 (22) Section 10541(a), listed on page 57 of the

2 Clerk’s Report as 10 U.S.C. 115(a).

3 (23) Section 12302(d), listed on page 14 of the

4 Clerk’s Report as 10 U.S.C. 673(d).

5 (24) Section 16137, listed on page 59 of the

6 Clerk’s Report as 10 U.S.C. 2137.

7 (c) TITLE 37.—Subsection (a) applies with respect

8 to sections 1008(a) and 1008(b) of title 37, United States

9 Code, listed on page 14 of the Clerk’s Report (defined in

10 subsection (j)).

11 (d) NATIONAL DEFENSE AND MILITARY CONSTRUC12 TION AUTHORIZATION ACTS.—Subsection (a) applies with

13 respect to provisions of law listed in the Clerk’s Report

14 (defined in subsection (j)), as follows:

15 (1) FISCAL YEAR 1982.—The following provi16 sions of the Military Construction Authorization Act,

17 1982 (Public Law 97–99):

18 (A) Section 703(g) (95 Stat. 1376), listed

19 on page 62 of the Clerk’s Report.

20 (B) Section 704 (95 Stat. 1377), listed on

21 pages 68, 73, and 75 of the Clerk’s Report.

22 (2) FISCAL YEARS 1988 AND 1989.—Section

23 1121(f) of the National Defense Authorization Act

24 for Fiscal Year 1988 and 1989 (Public Law 100–
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1 180; 101 Stat. 1148; 10 U.S.C. 113 note) (listed on

2 page 61 of the Clerk’s Report).

3 (3) FISCAL YEARS 1990 AND 1991.—Section

4 113(b) of the National Defense Authorization Act

5 for Fiscal Year 1990 and 1991 (Public Law 101–

6 189; 103 Stat. 1373) (listed on page 2 of the Clerk’s

7 Report).

8 (4) FISCAL YEARS 1992 AND 1993.—The fol9 lowing provisions of the National Defense Authoriza10 tion Act for Fiscal Years 1992 and 1993 (Public

11 Law 102–190):

12 (A) Section 822(b) (42 U.S.C. 6687(b)),

13 listed on page 36 of the Clerk’s Report.

14 (B) Section 1097 (22 U.S.C. 2751 note),

15 listed on page 15 of the Clerk’s Report.

16 (e) OTHER NATIONAL SECURITY LAWS.—Subsection

17 (a) applies with respect to provisions of law listed in the

18 Clerk’s Report (defined in subsection (j)), as follows:

19 (1) STRATEGIC AND CRITICAL MATERIALS

20 STOCK PILING ACT.—Any provision of the Strategic

21 and Critical Materials Stock Piling Act (50 U.S.C.

22 98 et seq.), referred to on page 169 of the Clerk’s

23 Report.

24 (2) NATIONAL SECURITY ACT OF 1947.—Section

25 108 of the National Security Act of 1947 (50 U.S.C.
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1 404a), listed on page 33 of the Clerk’s Report as

2 Pub. L. 99–433, Sec. 603(a)).

3 (3) IRAQ RESOLUTION.—Section 3 of the Au4 thorization for Use of Military Force Against Iraq

5 Resolution (50 U.S.C. 1541 note), listed on page 14

6 of the Clerk’s Report as Pub. L. 102–1, Sec. 3).

7 (4) MILITARY SELECTIVE SERVICE ACT.—Sec8 tion 10(g) of the Military Selective Service Act (50

9 U.S.C. App. 460(g)) (listed on page 191 of the

10 Clerk’s Report).

11 (5) NATIONAL EMERGENCIES ACT.—The fol12 lowing provisions of the National Emergencies Act:

13 (A) Section 202(d) (50 U.S.C. 1622(d)),

14 listed on page 33 of the Clerk’s Report.

15 (B) Section 401(c) (50 U.S.C. 1641(c)),

16 listed on page 33 of the Clerk’s Report.

17 (6) FOOD AND FORAGE ACT.—Section 3732 of

18 the Revised Statutes, popularly known as the ‘‘Food

19 and Forage Act’’ (listed on page 64 of the Clerk’s

20 Report as 41 U.S.C. 11).

21 (7) SPECIAL NATIONAL DEFENSE CONTRACTING

22 AUTHORITY.—Section 4 of the Act entitled ‘‘An Act

23 to authorize the making, amending, and modification

24 of contracts to facilitate the national defense’’, ap25 proved August 28, 1958 (listed on several pages of
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1 the Clerk’s Report, including pages 9, 48, 51, 64,

2 69, 74, 76, 134, 142, 174, 179, and 186, as 50

3 U.S.C. 1434).

4 (f) OTHER LAWS ADMINISTERED BY THE DEPART5 MENT OF DEFENSE.—Subsection (a) applies with respect

6 to the following provisions of law listed in the Clerk’s Re7 port (defined in subsection (j)):

8 (1) DEFENSE DEPENDENTS’ EDUCATION ACT

9 OF 1978.—Section 1405 of the Defense Dependents’

10 Education Act of 1978 (title XIV of Public Law 95–

11 561; 20 U.S.C. 924) (listed on page 77 of the

12 Clerk’s Report).

13 (2) ARMED FORCES RETIREMENT HOME ACT OF

14 1991.—Section 1516(f) of the Armed Forces Retire15 ment Home Act of 1991 (title XV of Public Law

16 101–510; 104 Stat. 1728; 24 U.S.C. 416) (listed on

17 page 56 of the Clerk’s Report).

18 (g) PROVISIONS OF LAW REQUIRING DEPARTMENT

19 OF ENERGY REPORTS.—Subsection (a) applies with re20 spect to provisions of law listed in part IV–A–5 of the

21 Clerk’s Report (defined in subsection (j)), relating to re22 ports to be submitted by the Secretary of Energy (or any

23 other official of the Department of Energy), as follows:

24 (1) NATIONAL DEFENSE AUTHORIZATION

25 ACTS.—The following provisions of provisions law:
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1 (A) Section 1436(e) of the National De2 fense Authorization Act, Fiscal Year 1989

3 (Public Law 100–456; 42 U.S.C. 2121 note)

4 (listed on page 83 of the Clerk’s Report).

5 (B) Section 3141(c) of the National De6 fense Authorization Act for Fiscal Years 1990

7 and 1991 (Public Law 101–189; 42 U.S.C.

8 7274a(c)) (listed on page 87 of the Clerk’s Re9 port).

10 (C) Section 3134 of the National Defense

11 Authorization Act for Fiscal Year 1991 (Public

12 Law 101–510; 42 U.S.C. 7274c) (listed on page

13 87 of the Clerk’s Report).

14 (2) TITLE 10, UNITED STATES CODE.—Sections

15 7424(b), 7425(b), and 7431(c) of title 10, United

16 States Code (listed on page 89 of the Clerk’s Re17 port).

18 (3) ENERGY POLICY AND CONSERVATION

19 ACT.—Section 165(b) of the Energy Policy and Con20 servation Act (Public Law 94–163; 42 U.S.C.

21 6245(b)) (listed on page 89 of the Clerk’s Report).

22 (h) OTHER TITLES OF THE UNITED STATES

23 CODE.—Subsection (a) applies with respect to provisions

24 of the United States Code listed in the Clerk’s Report (de25 fined in subsection (j)), as follows:
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1 (1) TITLE 31.—The following provisions of title

2 31:

3 (A) Section 3554(e)(2) of title 31, United

4 States Code (listed on page 8 of the Clerk’s Re5 port as 31 U.S.C. 3554(e)(2)).

6 (B) Section 9503(a) (listed on page 151 of

7 the Clerk’s Report as 31 U.S.C.

8 9503(a)(1)(B)).

9 (2) TITLE 36.—Section 300110(b) of title 36,

10 listed on page 65 of the Clerk’s Report as 36 U.S.C.

11 6.

12 (i) OTHER LAWS.—Subsection (a) applies with re13 spect to the following provisions of law listed in the Clerk’s

14 Report (defined in subsection (j)):

15 (1) SUPPLEMENTAL APPROPRIATIONS ACT,

16 1982.—Section 503(f) of the Supplemental Appro17 priations Act, 1987 (Public Law 100–71; 101 Stat.

18 471; 5 U.S.C. 7301 note) (listed on page 151 of the

19 Clerk’s Report), insofar as the report under that

20 section relates to activities of the Department of De21 fense.

22 (2) BARRY GOLDWATER SCHOLARSHIP AND EX23 CELLENCE IN EDUCATION ACT.—Section 1411(b) of

24 the Barry Goldwater Scholarship and Excellence in

25 Education Act (title XIV of Public Law 99–661 (20
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1 U.S.C. 4710(b)) (listed on page 174 of the Clerk’s

2 Report).

3 (3) FEDERAL PROPERTY AND ADMINISTRATIVE

4 SERVICES ACT OF 1949.—Section 205(b) of the Fed5 eral Property and Administrative Services Act of

6 1949 (listed on page 8 of the Clerk’s Report as 40

7 U.S.C. 486(b)).

8 (4) UNIFORMED AND OVERSEAS CITIZENS AB9 SENTEE VOTING ACT.—Section 101(b)(6) of the

10 Uniformed and Overseas Citizens Absentee Voting

11 Act (listed on page 151 of the Clerk’s Report as 42

12 U.S.C. 1973ff(b)(6)).

13 (5) NATIONAL SCIENCE AND TECHNOLOGY POL14 ICY, ORGANIZATION, AND PRIORITIES ACT OF 1976.—

15 Section 603(e) of the National Science and Tech16 nology Policy, Organization, and Priorities Act of

17 1976 (42 U.S.C. 6683(e)) (specified on page 36 of

18 the Clerk’s Report as section 841(a) of Public Law

19 101–189).

20 (6) LAWS REQUIRING MARITIME ADMINISTRA21 TION REPORTS.—Provisions of law listed under the

22 heading ‘‘Maritime Administration’’ in Part IV–A–

23 12 in the Clerk’s Report, relating to reports to be

24 submitted by the Secretary of Transportation (or
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1 any other official of the Department of Transpor2 tation), listed on page 139.

3 (j) CLERK’S REPORT DEFINED.—For the purposes

4 of this section, the term ‘‘Clerk’s Report’’ means the docu5 ment submitted by the Clerk of House of Representatives

6 to the Speaker of the House of Representatives on Janu7 ary 5, 1993 (designated as House Document No. 103–

8 7) for the first session of the 103d Congress pursuant to

9 clause 2 of Rule III of the Rules of the House of Rep10 resentatives, requiring the Clerk to prepare, at the com11 mencement of every regular session of Congress, a list of

12 reports which it is the duty of any officer or department

13 to make to Congress.

14 SEC. 1022. ANNUAL REPORT ON COMBATANT COMMAND

15 REQUIREMENTS.

16 Section 153 of title 10, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(c) ANNUAL REPORT ON COMBATANT COMMAND

19 REQUIREMENTS.—(1) Not later than August 15 of each

20 year, the Chairman shall submit to the committees of Con21 gress named in paragraph (2) a report on the require22 ments of the combatant commands established under sec23 tion 161 of this title. The report shall contain the fol24 lowing:
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1 ‘‘(A) A consolidation of the integrated priority

2 lists of requirements of the combatant commands.

3 ‘‘(B) The Chairman’s views on the consolidated

4 lists.

5 ‘‘(2) The committees of Congress referred to in para6 graph (1) are the Committees on Armed Services and on

7 Appropriations of the Senate and House of Representa8 tives.’’.

9 SEC. 1023. REPORT ON ASSESSMENTS OF READINESS TO

10 EXECUTE THE NATIONAL MILITARY STRAT11 EGY.

12 (a) REQUIREMENT FOR REPORT.—(1) The Secretary

13 of Defense shall submit to the Committees on Armed Serv14 ices of the Senate and House of Representatives in unclas15 sified form a report on assessments of the readiness of

16 the United States to execute the National Military Strat17 egy. The report shall contain the following:

18 (A) All models used by the Joint Chiefs of Staff

19 to assess the capability of the United States to exe20 cute the strategy and all other models used by the

21 Armed Forces to assess the capability.

22 (B) The assessments that would result from the

23 use of those models if it were necessary to execute

24 the National Military Strategy under the scenario

25 set forth in paragraph (2), including the levels of the
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1 casualties that the United States would be projected

2 to incur.

3 (C) The increasing levels of the casualties that

4 would be projected under that scenario over a range

5 of risks of prosecuting two major theater wars that

6 proceeds from low-moderate risk to moderate-high

7 risk.

8 (D) An estimate of—

9 (i) the total resources needed to attain a

10 moderate-high risk under the scenario;

11 (ii) the total resources needed to attain a

12 low-moderate risk under the scenario; and

13 (iii) the incremental resources needed to

14 decrease the level of risk from moderate-high to

15 low-moderate.

16 (2) The scenario to be used for purposes of subpara17 graphs (B), (C), and (D) of paragraph (1) assumes that—

18 (A) while the Armed Forces are engaged in op19 erations at the level of the operations ongoing as of

20 the date of the enactment of this Act, international

21 armed conflict begins in Southwest Asia and on the

22 Korean peninsula; and

23 (B) the Armed Forces are equipped, supplied,

24 manned, and trained at levels current as of such

25 date.
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1 (b) LIMITATION ON USE OF FUNDS PENDING SUB2 MITTAL OF REPORT.—Of the funds authorized to be ap3 propriated under section 301(a)(5) for the Office of the

4 Secretary of Defense and the Joint Chiefs of Staff, not

5 more than 75 percent of such funds may be expended until

6 the report required in subsection (a) is submitted.

7 SEC. 1024. REPORT ON INVENTORY AND CONTROL OF

8 MILITARY EQUIPMENT.

9 (a) REPORT REQUIRED.—Not later than August 31,

10 2000, the Secretary of Defense shall submit to the Com11 mittees on Armed Services of the Senate and the House

12 of Representatives a report on the inventory and control

13 of the military equipment of the Department of Defense

14 as of the end of fiscal year 1999. The report shall address

15 the inventories of each of the Army, Navy, Air Force, and

16 Marine Corps separately.

17 (b) CONTENT.—The report shall include the fol18 lowing:

19 (1) For each item of military equipment in the

20 inventory, stated by item nomenclature—

21 (A) the quantity of the item in the inven22 tory as of the beginning of the fiscal year;

23 (B) the quantity of acquisitions of the item

24 during the fiscal year;
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1 (C) the quantity of disposals of the item

2 during the fiscal year;

3 (D) the quantity of losses of the item dur4 ing the performance of military missions during

5 the fiscal year; and

6 (E) the quantity of the item in the inven7 tory as of the end of the fiscal year.

8 (2) A reconciliation of the quantity of each item

9 in the inventory as of the beginning of the fiscal

10 year with the quantity of the item in the inventory

11 as of the end of fiscal year.

12 (3) For each item of military equipment that

13 cannot be reconciled—

14 (A) an explanation of why the quantities

15 cannot be reconciled; and

16 (B) a discussion of the remedial actions

17 planned to be taken, including target dates for

18 accomplishing the remedial actions.

19 (4) Supporting schedules identifying the loca20 tion of each item that are available to Congress or

21 auditors of the Comptroller General upon request.

22 (c) MILITARY EQUIPMENT DEFINED.—For the pur23 poses of this section, the term ‘‘military equipment’’

24 means all equipment that is used in support of military
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1 missions and is maintained on the visibility systems of the

2 Army, Navy, Air Force, or Marine Corps.

3 (d) INSPECTOR GENERAL REVIEW.—Not later than

4 November 30, 2000, the Inspector General of the Depart5 ment of Defense shall review the report submitted to the

6 committees under subsection (a) and shall submit to the

7 committees any comments that the Inspector General con8 siders appropriate.

9 SEC. 1025. SPACE TECHNOLOGY GUIDE.

10 (a) REQUIREMENT.—The Secretary of Defense shall

11 develop a detailed guide for investment in space science

12 and technology, demonstrations of space technology, and

13 planning and development for space technology systems.

14 In the development of the guide, the goal shall be to iden15 tify the technologies and technology demonstrations need16 ed for the United States to take full advantage of use of

17 space for national security purposes.

18 (b) RELATIONSHIP TO FUTURE-YEARS DEFENSE

19 PROGRAM.—The space technology guide shall include two

20 alternative technology paths. One shall be consistent with

21 the applicable funding limitations associated with the fu22 ture-years defense program. The other shall reflect the as23 sumption that it is not constrained by funding limitations.

24 (c) RELATIONSHIP TO ACTIVITIES OUTSIDE THE DE25 PARTMENT OF DEFENSE.—The Secretary shall include in
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1 the guide a discussion of the potential for cooperative in2 vestment and technology development with other depart3 ments and agencies of the United States and with private

4 sector entities.

5 (d) UTILIZATION OF PREVIOUS STUDIES AND RE6 PORTS.—The Secretary shall take into consideration pre7 viously completed studies and reports that may be relevant

8 to the development of the guide, including the United

9 States Space Command’s Long Range Plan of March

10 1998 and the Air Force Space Command’s Strategic Mas11 ter Plan of December 1997.

12 (e) REPORT.—Not later than April 15, 2000, the Sec13 retary shall submit a report on the space technology guide

14 to the congressional defense committees.

15 SEC. 1026. REPORT AND REGULATIONS ON DEPARTMENT

16 OF DEFENSE POLICIES ON PROTECTING THE

17 CONFIDENTIALITY OF COMMUNICATIONS

18 WITH PROFESSIONALS PROVIDING THERA19 PEUTIC OR RELATED SERVICES REGARDING

20 SEXUAL OR DOMESTIC ABUSE.

21 (a) STUDY AND REPORT.—(1) The Comptroller Gen22 eral shall study the policies, procedures, and practices of

23 the military departments for protecting the confidentiality

24 of communications between—
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1 (A) a dependent of a member of the Armed

2 Forces who—

3 (i) is a victim of sexual harassment, sexual

4 assault, or intrafamily abuse; or

5 (ii) has engaged in such misconduct; and

6 (B) a therapist, counselor, advocate, or other

7 professional from whom the dependent seeks profes8 sional services in connection with effects of such

9 misconduct.

10 (2) Not later than 180 days after the date of the en11 actment of this Act, the Comptroller General shall con12 clude the study and submit a report on the results of the

13 study to Congress and the Secretary of Defense.

14 (b) REGULATIONS.—The Secretary of Defense shall

15 prescribe in regulations the policies and procedures that

16 the Secretary considers appropriate to provide the max17 imum protections for the confidentiality of communica18 tions described in subsection (a) relating to misconduct

19 described in that subsection, consistent with—

20 (1) the findings of the Comptroller General;

21 (2) the standards of confidentiality and ethical

22 standards issued by relevant professional organiza23 tions;

24 (3) applicable requirements of Federal and

25 State law;
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1 (4) the best interest of victims of sexual harass2 ment, sexual assault, or intrafamily abuse;

3 (5) military necessity; and

4 (6) such other factors as the Secretary, in con5 sultation with the Attorney General, may consider

6 appropriate.

7 (c) REPORT BY SECRETARY OF DEFENSE.—Not later

8 than January 21, 2000, the Secretary of Defense shall

9 submit to Congress a report on the actions taken under

10 subsection (b) and any other actions taken by the Sec11 retary to provide the maximum possible protections for

12 confidentiality described in that subsection.

13 SEC. 1027. COMPTROLLER GENERAL REPORT ON ANTICI14 PATED EFFECTS OF PROPOSED CHANGES IN

15 OPERATION OF STORAGE SITES FOR LETHAL

16 CHEMICAL AGENTS AND MUNITIONS.

17 (a) REPORT REQUIRED.—Not later than March 31,

18 2000, the Comptroller General shall submit to the Com19 mittees on Armed Services of the Senate and the House

20 of Representatives a report on the proposal in the latest

21 quadrennial defense review to reduce the Federal civilian

22 workforce involved in the operation of the eight storage

23 sites for lethal chemical agents and munitions in the conti24 nental United States and to convert to contractor oper25 ation of the storage sites. The workforce reductions ad-
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1 dressed in the report shall include those that are to be

2 effectuated by fiscal year 2002.

3 (b) CONTENT OF REPORT.—The report shall include

4 the following:

5 (1) For each site, a description of the assigned

6 chemical storage, chemical demilitarization, and in7 dustrial missions.

8 (2) A description of the criteria and reporting

9 systems applied to ensure that the storage sites and

10 the workforce operating the storage sites have—

11 (A) the capabilities necessary to respond

12 effectively to emergencies involving chemical ac13 cidents; and

14 (B) the industrial capabilities necessary to

15 meet replenishment and surge requirements.

16 (3) The risks associated with the proposed

17 workforce reductions and contractor performance,

18 particularly regarding chemical accidents, incident

19 response capabilities, community-wide emergency

20 preparedness programs, and current or planned

21 chemical demilitarization programs.

22 (4) The effects of the proposed workforce re23 ductions and contractor performance on the capa24 bility to satisfy permit requirements regarding envi25 ronmental protection that are applicable to the per-
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1 formance of current and future chemical demili2 tarization and industrial missions.

3 (5) The effects of the proposed workforce re4 ductions and contractor performance on the capa5 bility to perform assigned industrial missions, par6 ticularly the materiel replenishment missions for

7 chemical or biological defense or for chemical muni8 tions.

9 (6) Recommendations for mitigating the risks

10 and adverse effects identified in the report.

11 SEC. 1028. REPORT ON DEPLOYMENTS OF RAPID ASSESS12 MENT AND INITIAL DETECTION TEAMS

13 ACROSS STATE BOUNDARIES.

14 Not later than 90 days after the date of the enact15 ment of this Act, the Secretary of Defense shall submit

16 to Congress a report on out-of-State use of Rapid Assess17 ment and Initial Detection Teams for responses to inci18 dents involving a weapon of mass destruction. The report

19 shall include a specific description and analysis of the pro20 cedures that have been established or agreed to by States

21 for the use in one State of a team that is based in another

22 State.
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1 SEC. 1029. REPORT ON CONSEQUENCE MANAGEMENT PRO2 GRAM INTEGRATION OFFICE UNIT READI3 NESS.

4 (a) JOINT READINESS REVIEW.—(1) The Secretary

5 of Defense shall include in the quarterly report submitted

6 to Congress under section 482 of title 10, United States

7 Code, for the first quarter beginning after the date of the

8 enactment of this Act an assessment of the readiness,

9 training status, and future funding requirements of all ac10 tive and reserve component units that are considered as11 sets of the Consequence Management Program Integra12 tion Office of the Department of Defense.

13 (2) The Secretary of Defense shall set forth the as14 sessment in an annex to the quarterly report. The Sec15 retary shall include in the annex a detailed description of

16 how the active and reserve component units are integrated

17 with the Rapid Assessment and Initial Detection Teams

18 in the overall Consequence Management Program Integra19 tion Office of the Department of Defense.

20 (b) DECONTAMINATION READINESS PLAN.—The

21 Secretary of Defense shall prepare a decontamination

22 readiness plan for the Consequence Management Program

23 Integration Office. The plan shall include the following:

24 (1) The actions necessary to ensure that the

25 units designated to carry out decontamination mis-
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1 sions under the program are at the highest level of

2 readiness for carrying out the missions.

3 (2) The funding necessary for attaining and

4 maintaining that level of readiness.

5 (3) Procedures for ensuring that each decon6 tamination unit is available to respond to an inci7 dent in the United States that involves a weapon of

8 mass destruction within 12 hours after being noti9 fied of the incident by a Rapid Assessment and Ini10 tial Detection Team.

11 SEC. 1030. ANALYSIS OF RELATIONSHIP BETWEEN

12 THREATS AND BUDGET SUBMISSION FOR FIS13 CAL YEAR 2001.

14 (a) REQUIREMENT FOR REPORT.—The Secretary of

15 Defense, in coordination with the Chairman of the Joint

16 Chiefs of Staff and the Director of Central Intelligence,

17 shall submit to the congressional defense committees, on

18 the date that the President submits the budget for fiscal

19 year 2001 to Congress under section 1105(a) of title 31,

20 United States Code, a report on the relationship between

21 the budget proposed for budget function 050 (National

22 Defense) for that fiscal year and the then-current and

23 emerging threats to the national security interests of the

24 United States identified in the annual national security
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1 strategy report required under section 108 of the National

2 Security Act of 1947 (50 U.S.C. 404a).

3 (b) CONTENT.—The report shall contain the fol4 lowing:

5 (1) A detailed description of the threats re6 ferred to in subsection (a);

7 (2) An analysis of such threats in terms of the

8 probability that an attack or other threat event will

9 actually occur, the military challenge posed by the

10 threats, and the potential damage that the threats

11 could have to the national security interests of the

12 United States.

13 (3) An analysis of the allocation of funds in the

14 fiscal year 2001 budget and the future-years defense

15 program that addresses the threats in each category.

16 (4) A justification for each major defense acqui17 sition program (as defined in section 2430 of title

18 10, United States Code) that is provided for in the

19 budget in light of the description and analyses set

20 forth in the report.

21 (c) FORM OF REPORT.—The report shall be sub22 mitted in unclassified form, but may also be submitted in

23 classified form if necessary.
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1 SEC. 1031. REPORT ON NATO’S DEFENSE CAPABILITIES

2 INITIATIVE.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) At the Washington Summit meeting of the

6 North Atlantic Council in April 1999, NATO Heads

7 of State and Governments launched a Defense Capa8 bilities Initiative.

9 (2) The Defense Capabilities Initiative is de10 signed to improve the defense capabilities of the in11 dividual nations of the NATO Alliance to ensure the

12 effectiveness of future operations across the full

13 spectrum of Alliance missions in the present and

14 foreseeable security environment.

15 (3) Under the Defense Capabilities Initiative,

16 special focus will be given to improving interoper17 ability among Alliance forces and to increasing de18 fense capabilities through improvements in the

19 deployability and mobility of Alliance forces, the sus20 tainability and logistics of the forces, the surviv21 ability and effective engagement capability of the

22 forces, and command and control and information

23 systems.

24 (4) The successful implementation of the De25 fense Capabilities Initiative will serve to enable all

26 NATO allies to make a more equitable contribution
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1 to the full spectrum of Alliance missions, thereby in2 creasing burdensharing within the Alliance and en3 hancing the ability of European allies to undertake

4 operations pursuant to the European Security and

5 Defense Identity within the Alliance.

6 (b) ANNUAL REPORT.—(1) Not later than January

7 31 of each year, the Secretary of Defense, in consultation

8 with the Secretary of State, shall submit to the Commit9 tees on Armed Services and Foreign Relations of the Sen10 ate and the Committees on Armed Services and Inter11 national Relations of the House of Representatives a re12 port on implementation of the Defense Capabilities Initia13 tive by the nations of the NATO Alliance. The report shall

14 include the following:

15 (A) A discussion of the work of the temporary

16 High-Level Steering Group, or any successor group,

17 established to oversee the implementation of the De18 fense Capabilities Initiative and to meet the require19 ment of coordination and harmonization among rel20 evant planning disciplines.

21 (B) A description of the actions taken, includ22 ing implementation of the Multinational Logistics

23 Center concept and development of the C3 system

24 architecture, by the Alliance as a whole to further

25 the Defense Capabilities Initiative.
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1 (C) A description of the actions taken by each

2 of our NATO allies to improve the capabilities of

3 their forces in each of the following areas:

4 (i) Interoperability with other Alliance

5 forces.

6 (ii) Deployability and mobility.

7 (iii) Sustainability and logistics.

8 (iv) Survivability and effective engagement

9 capability.

10 (v) Command and control and information

11 systems.

12 (4) The report shall be submitted in unclassified

13 form, but may also be submitted in classified form if nec14 essary.

15 SEC. 1032. REVIEW OF INCIDENCE OF STATE MOTOR VEHI16 CLE VIOLATIONS BY ARMY PERSONNEL.

17 (a) REVIEW AND REPORT REQUIRED.—The Sec18 retary of the Army shall review the incidence of violations

19 of State and local motor vehicle laws applicable to the op20 eration and parking of Army motor vehicles by Army per21 sonnel during fiscal year 1999, and, not later than March

22 31, 2000, submit a report on the results of the review to

23 Congress.

24 (b) CONTENT OF REPORT.—The report under sub25 section (a) shall include the following:
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1 (1) A quantitative description of the extent of

2 the violations described in subsection (a).

3 (2) An estimate of the total amount of the fines

4 that are associated with citations issued for the vio5 lations.

6 (3) Any recommendations that the Inspector

7 General considers appropriate to curtail the inci8 dence of the violations.

9 SEC. 1033. REPORT ON USE OF NATIONAL GUARD FACILI10 TIES AND INFRASTRUCTURE FOR SUPPORT

11 OF PROVISION OF VETERANS SERVICES.

12 (a) REPORT.—(1) The Chief of the National Guard

13 Bureau shall, in consultation with the Secretary of Vet14 erans Affairs, submit to the Secretary of Defense a report

15 assessing the feasibility and desirability of using the facili16 ties and electronic infrastructure of the National Guard

17 for support of the provision of services to veterans by the

18 Secretary. The report shall include an assessment of any

19 costs and benefits associated with the use of such facilities

20 and infrastructure for such support.

21 (2) The Secretary of Defense shall transmit to Con22 gress the report submitted under paragraph (1), together

23 with any comments on the report that the Secretary con24 siders appropriate.
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1 (b) TRANSMITTAL DATE.—The report shall be trans2 mitted under subsection (a)(2) not later than April 1,

3 2000.

4 SEC. 1034. REPORT ON MILITARY-TO-MILITARY CONTACTS

5 WITH THE PEOPLE’S REPUBLIC OF CHINA.

6 (a) REPORT.—The Secretary of Defense shall submit

7 to Congress a report on military-to-military contacts be8 tween the United States and the People’s Republic of

9 China.

10 (b) REPORT ELEMENTS.—The report shall include

11 the following:

12 (1) A list of the general and flag grade officers

13 of the People’s Liberation Army who have visited

14 United States military installations since January 1,

15 1993.

16 (2) The itinerary of the visits referred to in

17 paragraph (2), including the installations visited, the

18 duration of the visits, and the activities conducted

19 during the visits.

20 (3) The involvement, if any, of the general and

21 flag officers referred to in paragraph (2) in the

22 Tiananmen Square massacre of June 1989.

23 (4) A list of facilities in the People’s Republic

24 of China that United States military officers have

25 visited as a result of any military-to-military contact
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1 program between the United States and the People’s

2 Republic of China since January 1, 1993.

3 (5) A list of facilities in the People’s Republic

4 of China that have been the subject of a requested

5 visit by the Department of Defense which has been

6 denied by People’s Republic of China authorities.

7 (6) A list of facilities in the United States that

8 have been the subject of a requested visit by the

9 People’s Liberation Army which has been denied by

10 the United States.

11 (7) Any official documentation, such as memo12 randa for the record, after-action reports and final

13 itineraries, and all receipts for expenses over $1,000,

14 concerning military-to-military contacts or exchanges

15 between the United States and the People’s Republic

16 of China in 1999.

17 (8) An assessment regarding whether or not

18 any People’s Republic of China military officials

19 have been shown classified material as a result of

20 military-to-military contacts or exchanges between

21 the United States and the People’s Republic of

22 China.

23 (9) The report shall be submitted no later than

24 March 31, 2000, and shall be unclassified but may

25 contain a classified annex.
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1 Subtitle D—Other Matters

2 SEC. 1041. LIMITATION ON RETIREMENT OR DISMANTLE3 MENT OF STRATEGIC NUCLEAR DELIVERY

4 SYSTEMS.

5 (a) ONE-YEAR EXTENSION.—Subsection (g) of sec6 tion 1302 of the National Defense Authorization Act for

7 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1948),

8 as amended by section 1501 of the Strom Thurmond Na9 tional Defense Authorization Act for Fiscal Year 1999

10 (Public Law 105–261; 112 Stat. 2171), is further amend11 ed by striking ‘‘and 1999’’ and inserting ‘‘through 2000’’.

12 (b) MINIMUM LEVELS FOR CERTAIN SYSTEMS.—

13 Subsection (a) of such section is amended—

14 (1) in paragraph (1), by striking ‘‘71’’ and in15 serting ‘‘76’’; and

16 (2) in paragraph (2), by striking ‘‘18’’ and in17 serting ‘‘14’’.

18 SEC. 1042. LIMITATION ON REDUCTION IN UNITED STATES

19 STRATEGIC NUCLEAR FORCES.

20 (a) LIMITATION ON REDUCTION OF UNITED STATES

21 STRATEGIC NUCLEAR FORCES.—None of the funds au22 thorized to be appropriated by this or any other Act for

23 fiscal year 2000 may be used to reduce the number of

24 United States strategic nuclear forces below the maximum

25 number of those forces, for each category of nuclear arms,
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1 permitted the United States under the START II Treaty

2 unless the President submits to Congress a report con3 taining an assessment indicating that such reductions

4 would not impede the capability of the United States to

5 respond militarily to any militarily significant increase in

6 the challenge to United States security or strategic sta7 bility posed by nuclear weapon modernization programs of

8 the People’s Republic of China or any other nation.

9 (b) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to authorize the retirement or dis11 mantlement, or the preparation for retirement or dis12 mantlement, of any strategic nuclear delivery system de13 scribed in section 1302 of the National Defense Authoriza14 tion Act for Fiscal Year 1998 (Public Law 105–85) below

15 the level specified for the system in that section, as amend16 ed by section 1041.

17 (c) DEFINITIONS.—In this section:

18 (1) START II TREATY DEFINED.—The term

19 ‘‘START II Treaty’’ means the Treaty Between the

20 United States of America and the Russian Federa21 tion on Further Reduction and Limitation of Stra22 tegic Offensive Arms, and related protocols and

23 memorandum of understanding, signed at Moscow

24 on January 3, 1993.
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1 (2) UNITED STATES STRATEGIC NUCLEAR

2 FORCES.—The term ‘‘United States strategic nu3 clear forces’’ includes intercontinental ballistic mis4 siles (ICBMs) and ICBM launchers, submarine5 launched ballistic missiles (SLBMs) and SLBM

6 launchers, heavy bombers, ICBM warheads, SLBM

7 warheads, and heavy bomber nuclear armaments.

8 SEC. 1043. COUNTERPROLIFERATION PROGRAM REVIEW

9 COMMITTEE.

10 (a) EXTENSION OF COMMITTEE.—Section 1605(f) of

11 the National Defense Authorization Act for Fiscal Year

12 1994 (Public Law 103–160; 22 U.S.C. 2751 note) is

13 amended by striking ‘‘September 30, 2000’’ and inserting

14 ‘‘September 30, 2004’’.

15 (b) EXECUTIVE SECRETARY OF THE COMMITTEE.—

16 Paragraph (5) of section 1605(a) of the National Defense

17 Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751

18 note) is amended to read as follows:

19 ‘‘(5) The Assistant Secretary of Defense for Strategy

20 and Threat Reduction shall serve as executive secretary

21 to the committee.’’.

22 (c) EARLIER DEADLINE FOR ANNUAL REPORT ON

23 COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.—

24 Section 1503(a) of the National Defense Authorization

25 Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amend-
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1 ed by striking ‘‘May 1 of each year’’ and inserting ‘‘Feb2 ruary 1 of each year’’.

3 SEC. 1044. LIMITATION REGARDING COOPERATIVE

4 THREAT REDUCTION PROGRAMS.

5 Funds authorized to be appropriated under this Act

6 may not be obligated or expended for assistance for a

7 country under any Cooperative Threat Reduction program

8 specified under section 1501 of the National Defense Au9 thorization Act for Fiscal Year 1997 (Public Law 104–

10 201; 50 U.S.C. 2362 note) until the President certifies

11 to Congress that the government of that country is com12 mitted to—

13 (1) complying with all relevant arms control

14 agreements;

15 (2) facilitating United States verification of

16 weapons destruction;

17 (3) forgoing any use of fissionable and other

18 components of destroyed nuclear weapons in new nu19 clear weapons;

20 (4) forgoing the replacement of destroyed weap21 ons of mass destruction; and

22 (5) forgoing any military modernization pro23 gram that exceeds legitimate defense requirements.
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1 SEC. 1045. PERIOD COVERED BY ANNUAL REPORT ON AC2 COUNTING FOR UNITED STATES ASSISTANCE

3 UNDER COOPERATIVE THREAT REDUCTION

4 PROGRAMS.

5 Section 1206(a)(2) of the National Defense Author6 ization Act for Fiscal Year 1996 (Public Law 104–106,

7 110 Stat. 471; 22 U.S.C. 5955 note) is amended to read

8 as follows:

9 ‘‘(2) The report shall be submitted under this section

10 not later than January 31 of each year and shall cover

11 the fiscal year ending in the preceding year. No report

12 is required under this section after the completion of the

13 Cooperative Threat Reduction programs.’’.

14 SEC. 1046. SUPPORT OF UNITED NATIONS-SPONSORED EF15 FORTS TO INSPECT AND MONITOR IRAQI

16 WEAPONS ACTIVITIES.

17 (a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS18 CAL YEAR 2000.—The total amount of the assistance for

19 fiscal year 2000 that is provided by the Secretary of De20 fense under section 1505 of the Weapons of Mass Destruc21 tion Control Act of 1992 (22 U.S.C. 5859a) as activities

22 of the Department of Defense in support of activities

23 under that Act may not exceed $15,000,000.

24 (b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST25 ANCE.—Subsection (f) of section 1505 of the Weapons of
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1 Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)

2 is amended by striking ‘‘1999’’ and inserting ‘‘2000’’.

3 SEC. 1047. INFORMATION ASSURANCE INITIATIVE.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) The United States is becoming increasingly

7 dependent upon information systems for national se8 curity, economic security, and a broad range of other

9 vital national interests.

10 (2) Presidential Decision Directive 63, dated

11 May 22, 1998, recognizes the importance of infor12 mation assurance and sets forth policy and organiza13 tional recommendations for addressing the informa14 tion assurance challenges.

15 (3) The Department of Defense has undertaken

16 significant steps to address threats to the Defense

17 Information Infrastructure, including the establish18 ment of a Defense Information Assurance Program.

19 (4) Notwithstanding those actions and other

20 important actions taken by the President and the

21 Secretary of Defense to address the challenges of in22 formation assurance, the Department of Defense,

23 other Federal departments and agencies, and a

24 broad range of private sector entities continue to
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1 face new challenges and threats to their information

2 systems.

3 (5) Although the Secretary of Defense can and

4 should play an important role in helping address a

5 broad range of information warfare threats to the

6 United States, the Secretary necessarily focuses pri7 marily on addressing the vulnerabilities of the infor8 mation systems and other infrastructures, within

9 and outside of the Department of Defense, on which

10 the Department of Defense depends for the conduct

11 of daily operations and the conduct of operations in

12 crises.

13 (6) It is important for the Secretary of Defense

14 to work closely with the heads of all departments

15 and agencies of the Federal Government concerned

16 to identify areas in which the Department of De17 fense can contribute to securing critical national in18 frastructures beyond the areas under the direct over19 sight and control of the Secretary of Defense.

20 (b) DEFENSE INFORMATION ASSURANCE PRO21 GRAM.—(1) The Secretary of Defense shall carry out an

22 information assurance program.

23 (2) The Secretary shall submit to Congress an annual

24 report on the program. The annual report shall include

25 the Department of Defense information assurance guide
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1 applicable under subsection (c) as of the date of the re2 port. The first report shall be submitted not later than

3 March 15, 1999.

4 (c) DEFENSE INFORMATION ASSURANCE GUIDE.—

5 (1) The Secretary of Defense shall prepare a Department

6 of Defense information assurance guide for the develop7 ment of appropriate organizational structures and tech8 nologies for information assurance under the program.

9 The Secretary shall modify or replace the guide from time

10 to time to maintain the current relevance of the guide.

11 (2) The Department of Defense information assur12 ance guide shall include the following:

13 (A) A plan for developing information assur14 ance technologies, including the criteria used to

15 prioritize research, development, and procurement

16 investments in such technologies.

17 (B) A plan for organizing the Department of

18 Defense to defend against information warfare

19 threats, including the organizational changes that

20 are planned or being considered together with a reci21 tation of the organizational changes that have been

22 implemented.

23 (C) A plan for joint efforts by the Department

24 of Defense with other departments and agencies of

25 the Federal Government and with State and local
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1 organizations to strengthen the security of the infor2 mation systems and infrastructures in the United

3 States, with particular emphasis on the systems and

4 elements of the infrastructure on which the Depart5 ment of Defense depends for the conduct of daily op6 erations and the conduct of operations in crises.

7 (D) An assessment of the threats to informa8 tion systems and infrastructures on which the De9 partment of Defense depends for the conduct of

10 daily operations and the conduct of operations in cri11 ses, including an assessment of technical or other

12 vulnerabilities in Defense Department information

13 and communications systems.

14 (E) A plan for conducting exercises, war games,

15 simulations, experiments, and other activities de16 signed to prepare the Department of Defense to re17 spond to information warfare threats.

18 (F) Any proposal for legislation that the Sec19 retary considers necessary for implementing the De20 fense information assurance program or for other21 wise responding to information warfare threats.

22 (G) Any other information that the Secretary

23 determines relevant.

24 (d) INFORMATION ASSURANCE TESTBED.—(1) The

25 Secretary of Defense shall develop an information assur-
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1 ance testbed. In developing the testbed, the Secretary shall

2 consult with the heads of the other departments and agen3 cies of the Federal Government that the Secretary deter4 mines as being concerned with defense information assur5 ance.

6 (2) The information assurance testbed shall be orga7 nized to provide the following:

8 (A) An integrated organizational structure

9 within the Department of Defense to plan and facili10 tate the conduct of simulations, wargames, exercises,

11 experiments, and other activities designed to prepare

12 and inform the Department of Defense regarding in13 formation warfare threats.

14 (B) Organizational and planning means for the

15 conduct by the Department of Defense of integrated

16 or joint exercises and experiments with the commer17 cial organizations and other non-Department of De18 fense organizations that are responsible for the over19 sight and management of critical information sys20 tems and infrastructures on which the Department

21 of Defense depends for the conduct of daily oper22 ations and the conduct of operations in crises.

23 (e) FUNDING.—(1) Of the amounts authorized to be

24 appropriated under section 104—
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1 (A) $10,000,000 is available for procurement

2 by the Defense Information Systems Agency of se3 cure terminal equipment for use by the Armed

4 Forces and Defense Agencies; and

5 (B) $10,000,000 is available for development

6 and procurement of tools for real-time computer in7 trusion detection, analysis, and warning.

8 (2) Of the amounts authorized to be appropriated

9 under section 201(4)—

10 (A) $5,000,000 in program element 65710D8 is

11 available for establishing and operating the informa12 tion assurance testbed established pursuant to sub13 section (d); and

14 (B) $85,000,000 in program element 33140G is

15 available for—

16 (i) secure wireless communications;

17 (ii) public key infrastructure;

18 (iii) tool development by the Information

19 Operations Technology Center;

20 (iv) critical infrastructure modeling; and

21 (v) software security research.

22 (3) Of the amounts authorized to be appropriated

23 under section 301(a)(5), $10,000,000 is available for

24 training, education, and retention of information tech25 nology professionals of the Department of Defense.
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1 SEC. 1048. DEFENSE SCIENCE BOARD TASK FORCE ON

2 TELEVISION AND RADIO AS A PROPAGANDA

3 INSTRUMENT IN TIME OF MILITARY CON4 FLICT.

5 (a) DEFENSE SCIENCE BOARD TASK FORCE ON

6 RADIO AND TELEVISION AS A PROPAGANDA INSTRUMENT

7 IN TIME OF CONFLICT.—The Secretary of Defense shall

8 establish a task force of the Defense Science Board to ex9 amine the use of radio and television broadcasting as a

10 propaganda instrument and the adequacy of the capabili11 ties of the United States Armed Forces in this area to

12 deal with situations such as the conflict in the Federal

13 Republic of Yugoslavia.

14 (b) DUTIES OF THE TASK FORCE.—The task force

15 shall assess and develop recommendations as to the appro16 priate capabilities, if any, that the United States Armed

17 Forces should have to broadcast radio and television into

18 an area so as to ensure that the general public in that

19 area are exposed to the facts of the conflict. In making

20 the assessment and developing the recommendations, the

21 task force shall review the following:

22 (1) The capabilities of the United States Armed

23 Forces to develop programming and to broadcast

24 factual information that can reach a large segment

25 of the general public in a country like the Federal

26 Republic of Yugoslavia.
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1 (2) The potential of various airborne or land2 based mechanisms to have capabilities described in

3 paragraph (1), including but not limited to desirable

4 improvements to the EC–130 Commando Solo air5 craft, and the utilization of other airborne platforms,

6 unmanned aerial vehicles, and land-based transmit7 ters in conjunction with satellites.

8 (3) Other issues relating to the use of television

9 and radio as a propaganda instrument in time of

10 conflict.

11 (c) REPORT.—The task force shall submit to the Sec12 retary of Defense a report containing its assessments and

13 recommendations not later than February 1, 2000. The

14 Secretary shall submit the report, together with the com15 ments and recommendations of the Secretary of Defense,

16 to the congressional defense committees not later than

17 March 1, 2000.

18 (d) FEDERAL REPUBLIC OF YUGOSLAVIA DE19 FINED.—In this section, the term ‘‘Federal Republic of

20 Yugoslavia’’ means the Federal Republic of Yugoslavia

21 (Serbia and Montenegro).
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1 SEC. 1049. PREVENTION OF INTERFERENCE WITH DEPART2 MENT OF DEFENSE USE OF FREQUENCY

3 SPECTRUM.

4 (a) COMPATIBILITY WITH DEFENSE SYSTEMS.—A

5 non-Department of Defense entity operating a commu6 nication system, device, or apparatus on any portion of

7 the frequency spectrum used by the Department of De8 fense, whether or not licensed to do so, shall ensure that

9 the system, device, or apparatus is designed not to inter10 fere with and not to receive interference from the commu11 nication systems that are operated by or for the Depart12 ment of Defense on that portion of the frequency spectrum

13 as of the date of the enactment of this Act. The preceding

14 sentence does not apply to the operation, by a non-Depart15 ment of Defense entity, of a communication system, de16 vice, or apparatus on any portion of the frequency spec17 trum that is reserved for exclusively nongovernment use.

18 (b) COSTS OF REDESIGN OR REBUILDING OF MILI19 TARY SYSTEMS.—If it is necessary for the Department of

20 Defense to redesign or rebuild a communication system

21 used by the department because of a violation of sub22 section (a) by a non-Department of Defense entity, that

23 entity shall be liable to the United States for the costs

24 incurred by the United States for the redesign or rebuild25 ing of the Department of Defense system or, if the entity

26 is a department or agency of the United States, shall
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1 transfer to the Department of Defense funds in the

2 amount of such costs.

3 (c) EFFECTIVE DATE.—This section applies with re4 spect to operation of a communication system, device, or

5 apparatus fielded on or after October 1, 1999.

6 (d) NONAPPLICABILITY.—This section does not apply

7 to any upgrades, modifications, or system redesign to a

8 Department of Defense communication system made after

9 the date of enactment of this Act where that modification,

10 upgrade or redesign would result in interference with or

11 receiving interference from a non-Department of Defense

12 system.

13 SEC. 1050. OFF-SHORE ENTITIES INTERFERING WITH DE14 PARTMENT OF DEFENSE USE OF THE FRE15 QUENCY SPECTRUM.

16 (a) LIMITATION ON USE OF FUNDS.—Funds author17 ized to be appropriated or otherwise made available by this

18 or any other Act may not be obligated to enter into any

19 contract with, make any payment to, or issue any broad20 cast or other license or permit to any entity that broad21 casts from outside the United States into the United

22 States on any frequency that, as of the date of the enact23 ment of this Act, is reserved to or used by the Department

24 of Defense, unless the broadcasting is authorized under

25 law.
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1 (b) SAVINGS PROVISION.—The provisions of sub2 section (a) shall not be construed to interfere with the en3 forcement authority of the Federal Communications Com4 mission under the Communications Act of 1934 or any

5 other law.

6 SEC. 1051. REPEAL OF LIMITATION ON AMOUNT OF FED7 ERAL EXPENDITURES FOR THE NATIONAL

8 GUARD CHALLENGE PROGRAM.

9 Section 509(b) of title 32, United States Code, is

10 amended by striking ‘‘, except that Federal expenditures

11 under the program may not exceed $50,000,000 for any

12 fiscal year’’.

13 SEC. 1052. NONDISCLOSURE OF INFORMATION ON PER14 SONNEL OF OVERSEAS, SENSITIVE, OR ROU15 TINELY DEPLOYABLE UNITS.

16 (a) IN GENERAL.—Chapter 3 of title 10, United

17 States Code, is amended by inserting after section 130a

18 the following:

19 ‘‘§ 130b. Nondisclosure of information: personnel in

20 overseas, sensitive, or routinely

21 deployable units

22 ‘‘(a) EXEMPTION FROM DISCLOSURE.—Notwith23 standing any other provision of law, the Secretary of De24 fense and, with respect to the Coast Guard when it is not

25 operating as a service in the Navy, the Secretary of Trans-
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1 portation may authorize to be withheld from disclosure to

2 the public the name, rank, duty address, official title, and

3 information regarding the pay of—

4 ‘‘(1) members of the armed forces assigned to

5 overseas, sensitive, or routinely deployable units; and

6 ‘‘(2) employees of the Department of Defense

7 or of the Coast Guard whose duty stations are with

8 overseas, sensitive, or routinely deployable units.

9 ‘‘(b) EXCEPTIONS.—(1) The authority in subsection

10 (a) is subject to such exceptions as the President may di11 rect.

12 ‘‘(2) Subsection (a) does not authorize any official to

13 withhold, or to authorize the withholding of, information

14 from Congress.

15 ‘‘(c) DEFINITIONS.—In this section:

16 ‘‘(1) The term ‘unit’ means a military organiza17 tion of the armed forces designated as a unit by

18 competent authority.

19 ‘‘(2) The term ‘overseas unit’ means a unit that

20 is located outside the continental United States and

21 its territories.

22 ‘‘(3) The term ‘sensitive unit’ means a unit that

23 is primarily involved in training for the conduct of,

24 or conducting, special activities or classified mis25 sions, including the following:
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1 ‘‘(A) A unit involved in collecting, han2 dling, disposing, or storing of classified infor3 mation and materials.

4 ‘‘(B) A unit engaged in training—

5 ‘‘(i) special operations units;

6 ‘‘(ii) security group commands weap7 ons stations; or

8 ‘‘(iii) communications stations.

9 ‘‘(C) Any other unit that is designated as

10 a sensitive unit by the Secretary of Defense or,

11 in the case of the Coast Guard when it is not

12 operating as a service in the Navy, by the Sec13 retary of Transportation.

14 ‘‘(4) The term ‘routinely deployable unit’—

15 ‘‘(A) means a unit that normally deploys

16 from its permanent home station on a periodic

17 or rotating basis to meet peacetime operational

18 requirements that, or to participate in sched19 uled training exercises that, routinely require

20 deployments outside the United States and its

21 territories; and

22 ‘‘(B) includes a unit that is alerted for de23 ployment outside the United States and its ter24 ritories during an actual execution of a contin25 gency plan or in support of a crisis operation.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end the following:

‘‘130b. Nondisclosure of information: personnel in overseas, sensitive, or routinely deployable units.’’.

4 SEC. 1053. NONDISCLOSURE OF OPERATIONAL FILES OF

5 THE NATIONAL IMAGERY AND MAPPING

6 AGENCY.

7 (a) AUTHORITY TO WITHHOLD.—Subchapter II of

8 chapter 22 of title 10, United States Code, as amended

9 by section 1005, is further amended by adding at the end

10 the following:

11 ‘‘§ 458. Withholding of operational files from public

12 disclosure

13 ‘‘(a) AUTHORITY.—The Secretary of Defense may

14 withhold from public disclosure operational files described

15 in subsection (b) to the same extent that operational files

16 may be withheld under section 701 of the National Secu17 rity Act of 1947 (50 U.S.C. 431).

18 ‘‘(b) COVERED OPERATIONAL FILES.—The authority

19 under subsection (a) applies to operational files in the pos20 session of the National Imagery and Mapping Agency

21 that—

22 ‘‘(1) as of September 22, 1996, were main23 tained by the National Photographic Interpretation

24 Center; or
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1 ‘‘(2) concern the activities of the Agency that,

2 as of such date, were performed by the National

3 Photographic Interpretation Center.

4 ‘‘(c) OPERATIONAL FILES DEFINED.—In this sec5 tion, the term ‘operational files’ has the meaning given

6 the term in section 701(b) of the National Security Act

7 of 1947 (50 U.S.C. 431(b)).’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of such subchapter, as amended by sec10 tion 1005, is further amended by adding at the end the

11 following:

‘‘458. Withholding of operational files from public disclosure.’’.

12 SEC. 1054. NONDISCLOSURE OF INFORMATION OF THE NA13 TIONAL IMAGERY AND MAPPING AGENCY

14 HAVING COMMERCIAL SIGNIFICANCE.

15 (a) AUTHORITY TO WITHHOLD.—Subchapter II of

16 chapter 22 of title 10, United States Code, as amended

17 by section 1053, is further amended by adding at the end

18 the following:

19 ‘‘§ 459. Withholding of certain commercially signifi20 cant information from public disclosure

21 ‘‘(a) AUTHORITY.—The Secretary of Defense may

22 withhold from public disclosure information in the posses23 sion of the National Imagery and Mapping Agency if the

24 Secretary determines in writing that—
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1 ‘‘(1) public disclosure of the information would

2 compete with or otherwise adversely affect commer3 cial operations in any existing or emerging commer4 cial industry or the operation of any existing or

5 emerging commercial market; and

6 ‘‘(2) withholding the information from public

7 disclosure is consistent with the national security in8 terests of the United States.

9 ‘‘(b) RELATIONSHIP TO DCI AUTHORITY.—(1) Noth10 ing in this section shall be construed as superseding, lim11 iting, or otherwise affecting the authority and responsibil12 ities of the Director of Central Intelligence to withhold or

13 require the withholding of imagery and imagery intel14 ligence from public disclosure under the National Security

15 Act of 1947 (50 U.S.C. 401 et seq.), Executive Order No.

16 12951 or any successor Executive order, or directives of

17 the President.

18 ‘‘(2) In the administration of the authority under

19 subsection (a) with respect to imagery and imagery intel20 ligence, the Secretary of Defense shall be subject to the

21 policies and directives prescribed by the Director of Cen22 tral Intelligence for the public disclosure of such informa23 tion.’’.

24 (b) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of such subchapter, as amended by sec-
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1 tion 1053, is further amended by adding at the end the

2 following:

‘‘459. Withholding of certain commercially significant information from public

disclosure.’’.

3 SEC. 1055. CONTINUED ENROLLMENT OF DEPENDENTS IN

4 DEPARTMENT OF DEFENSE DOMESTIC DE5 PENDENT ELEMENTARY AND SECONDARY

6 SCHOOLS AFTER LOSS OF ELIGIBILITY.

7 Section 2164(c)(3) of title 10, United States Code,

8 is amended to read as follows:

9 ‘‘(3) The Secretary may, for good cause, authorize

10 a dependent of a member of the armed forces or of a Fed11 eral employee to continue enrollment in a program under

12 this subsection notwithstanding a change in the status of

13 the member or employee that, except for this paragraph,

14 would otherwise terminate the eligibility of the dependent

15 to be enrolled in the program. The enrollment may con16 tinue for as long as the Secretary considers appropriate.

17 The Secretary may remove the dependent from the pro18 gram at any time that the Secretary determines that there

19 is good cause for the removal.’’.
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1 SEC. 1056. UNIFIED SCHOOL BOARDS FOR ALL DEPART2 MENT OF DEFENSE DOMESTIC DEPENDENT

3 SCHOOLS IN THE COMMONWEALTH OF PUER4 TO RICO AND GUAM.

5 Section 2164(d)(1) of title 10, United States Code,

6 is amended by adding at the end the following: ‘‘The Sec7 retary may provide for the establishment of one school

8 board for all such schools in the Commonwealth of Puerto

9 Rico and one school board for all such schools in Guam

10 instead of one school board for each military installation

11 in those locations.’’.

12 SEC. 1057. DEPARTMENT OF DEFENSE STARBASE PRO13 GRAM.

14 (a) PROGRAM AUTHORITY.—Chapter 111 of title 10,

15 United States Code, is amended by inserting after section

16 2193 the following:

17 ‘‘§ 2193b. Improvement of education in technical

18 fields: program for support of elementary

19 and secondary education in science,

20 mathematics, and technology

21 ‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of

22 Defense may conduct a science, mathematics, and tech23 nology education improvement program known as the ‘De24 partment of Defense STARBASE Program’. The Sec25 retary shall carry out the program through the secretaries

26 of the military departments.
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1 ‘‘(b) PURPOSE.—The purpose of the program is to

2 improve knowledge and skills of students in kindergarten

3 through twelfth grade in mathematics, science, and tech4 nology.

5 ‘‘(c) STARBASE ACADEMIES.—(1) The Secretary

6 shall provide for the establishment of at least 25 acad7 emies under the program.

8 ‘‘(2) An academy established under the program shall

9 provide the following:

10 ‘‘(A) For each elementary and secondary grade

11 level, the presentation of a curricula of 20 hours of

12 instruction in science, mathematics, and technology.

13 ‘‘(B) Outreach programs for the support of ele14 mentary and secondary level instruction in science,

15 mathematics, and technology at other locations.

16 ‘‘(3) The Secretary may support the establishment

17 and operation of any academy in excess of two academies

18 in a State only if the Secretary has first authorized in

19 writing the establishment of the academy and the costs

20 of the establishment and operation of the academy are

21 paid out of funds provided by sources other than the De22 partment of Defense. Any such costs that are paid out

23 of appropriated funds shall be considered as paid out of

24 funds provided by such other sources if such sources fully

25 reimburse the United States for the costs.
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1 ‘‘(d) AUTHORIZED SUPPORT.—The following support

2 may be provided for activities under the program:

3 ‘‘(1) Administrative and instructional per4 sonnel.

5 ‘‘(2) Facilities.

6 ‘‘(3) Instructional materials, including text7 books.

8 ‘‘(4) Equipment.

9 ‘‘(5) To the extent considered appropriate by

10 the Secretary of the military department concerned,

11 any additional resources (including transportation

12 and billeting) that may be available.

13 ‘‘(e) PERSONS ELIGIBLE TO PARTICIPATE IN PRO14 GRAM.—The Secretary of Defense shall prescribe the

15 standards and procedures for selecting persons to partici16 pate in the program.

17 ‘‘(f) PROGRAM PERSONNEL.—(1) The Secretary of

18 the military department concerned may—

19 ‘‘(1) authorize members of the armed forces to

20 provide command, administrative, training, or sup21 porting services for the program on a full-time basis;

22 and

23 ‘‘(2) employ or procure by contract civilian per24 sonnel to provide such services.
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1 ‘‘(f) REGULATIONS.—The Secretary of Defense shall

2 prescribe regulations governing the conduct of the pro3 gram.

4 ‘‘(g) FUNDING.—(1) The Secretary shall ensure that

5 each academy meeting at least the minimum operating

6 standards established for academies under the program is

7 funded at a level of at least $200,000 for each fiscal year.

8 ‘‘(2) The Secretary of Defense and the Secretaries

9 of the military departments may accept financial and

10 other support for the program from other departments

11 and agencies of the Federal Government, State govern12 ments, local governments, and not-for-profit and other or13 ganizations in the private sector.

14 ‘‘(h) ANNUAL REPORT.—Within 90 days after the

15 end of each fiscal year, the Secretary of Defense shall sub16 mit a report on the program to Congress. The report shall

17 contain a discussion of the design and conduct of the pro18 gram and an evaluation of the effectiveness of the pro19 gram.

20 ‘‘(i) STATE DEFINED.—In this section, the term

21 ‘State’ includes the District of Columbia, the Common22 wealth of Puerto Rico, the United States Virgin Islands,

23 and Guam.’’.

24 (b) EXISTING STARBASE ACADEMIES.—While con25 tinuing in operation, the academies existing on the date
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1 of the enactment of this Act under the Department of De2 fense STARBASE Program, as such program is in effect

3 on such date, shall be counted for the purpose of meeting

4 the requirement under section 2193b(c)(1) of title 10,

5 United States Code (as added by subsection (a)), relating

6 to the minimum number of STARBASE academies.

7 (c) REORGANIZATION OF CHAPTER.—Chapter 111 of

8 title 10, United States Code, as amended by subsection

9 (a), is further amended—

10 (1) by inserting after section 2193 and before

11 the section 2193b added by subsection (a) the fol12 lowing:

13 ‘‘§ 2193a. Improvement of education in technical

14 fields: general authority for support of el15 ementary and secondary education in

16 science and mathematics’’;

17 (2) by transferring subsection (b) of section

18 2193 to section 2193a (as added by paragraph (1)),

19 inserting such subsection after the heading for sec20 tion 2193a, and striking out ‘‘(b)’’; and

21 (3) by redesignating subsection (c) of section

22 2193 as subsection (b).

23 (d) CLERICAL AMENDMENTS.—(1) The heading for

24 section 2192 of such title is amended to read as follows:
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1 ‘‘§ 2192. Improvement of education in technical fields:

2 general authority regarding education in

3 science, mathematics, and engineering’’.

4 (2) The heading for section 2193 is amended to read

5 as follows:

6 ‘‘§ 2193. Improvement of education in technical fields:

7 grants for higher education in science

8 and mathematics’’.

9 (3) The table of sections at the beginning of such

10 chapter is amended by striking the items relating to sec11 tions 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.’’.

12 SEC. 1058. PROGRAM TO COMMEMORATE THE 50TH ANNI13 VERSARY OF THE KOREAN WAR.

14 (a) PERIOD OF PROGRAM.—Section 1083(a) of the

15 National Defense Authorization Act for Fiscal Year 1998

16 (Public Law 105–85; 111 Stat. 1918; 10 U.S.C. 113 note)

17 is amended by striking ‘‘The Secretary of Defense’’ and

18 inserting ‘‘During fiscal years 2000 through 2004, the

19 Secretary of Defense’’.

20 (b) CHANGE OF NAME.—(1) Section 1083(c) of such

21 Act is amended by striking ‘‘ ‘The Department of Defense
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1 Korean War Commemoration’ ’’ and inserting in lieu

2 thereof ‘‘ ‘The United States of America Korean War

3 Commemoration’ ’’.

4 (2) The amendment made by paragraph (1) may not

5 be construed to supersede rights that are established or

6 vested before the date of the enactment of this Act.

7 (c) FUNDING.—Section 1083(f) of such Act is

8 amended to read as follows:

9 ‘‘(f) USE OF FUNDS.—(1) Funds appropriated for

10 the Army for fiscal years 2000 through 2004 for operation

11 and maintenance shall be available for the program au12 thorized under subsection (a).

13 ‘‘(2) The total amount expended by the Department

14 of Defense through the Department of Defense 50th Anni15 versary of the Korean War Commemoration Committee,

16 an entity within the Department of the Army, to carry

17 out the program authorized under subsection (a) for fiscal

18 years 2000 through 2004 may not exceed $7,000,000.

19 ‘‘(3) The limitation in paragraph (2) shall not apply

20 to expenditures by a unit of the Armed Forces or a similar

21 organization to commemorate the Korean War from funds

22 available to the unit or similar organization for that pur23 pose.’’.

24 (d) EFFECTIVE DATE.—The amendments made by

25 this section shall take effect on October 1, 1999.
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1 SEC. 1059. EXTENSION AND REAUTHORIZATION OF DE2 FENSE PRODUCTION ACT OF 1950.

3 (a) EXTENSION OF TERMINATION DATE.—Section

4 717(a) of the Defense Production Act of 1950 (50 U.S.C.

5 App. 2166(a)) is amended by striking ‘‘September 30,

6 1999’’ and inserting ‘‘September 30, 2000’’.

7 (b) EXTENSION OF AUTHORIZATION.—Section

8 711(b) of the Defense Production Act of 1950 (50 U.S.C.

9 App. 2161(b)) is amended by striking ‘‘the fiscal years

10 1996, 1997, 1998, and 1999’’ and inserting ‘‘fiscal years

11 1996 through 2000’’.

12 SEC. 1060. EXTENSION TO NAVAL AIRCRAFT OF COAST

13 GUARD AUTHORITY FOR DRUG INTERDIC14 TION ACTIVITIES.

15 Section 637(c) of title 14, United States Code, is

16 amended—

17 (1) by striking ‘‘or’’ at the end of paragraph

18 (1);

19 (2) by striking the period at the end of para20 graph (2) and inserting ‘‘; or’’; and

21 (3) by adding at the end the following new

22 paragraph:

23 ‘‘(3) it is a naval aircraft on which one or more

24 members of the Coast Guard are assigned.’’.
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1 SEC. 1061. REGARDING THE NEED FOR VIGOROUS PROS2 ECUTION OF WAR CRIMES, GENOCIDE, AND

3 CRIMES AGAINST HUMANITY IN THE FORMER

4 REPUBLIC OF YUGOSLAVIA.

5 (a) The Senate finds that—

6 (1) the United Nations Security Council created

7 the International Criminal Tribunal for the former

8 Yugoslavia (in this section referred to as the

9 ‘‘ICTY’’) by resolution on May 25, 1993;

10 (2) although the ICTY has indicted 84 people

11 since its creation, these indictments have only re12 sulted in the trial and conviction of 8 criminals;

13 (3) the ICTY has jurisdiction to investigate:

14 Grave breaches of the 1949 Geneva Conventions

15 (Article 2); violations of the laws or customs of war

16 (Article 3); genocide (Article 4); and crimes against

17 humanity (Article 5);

18 (4) the Chief Prosecutor of the ICTY, Justice

19 Louise Arbour, stated on July 7, 1998, to the Con20 tact Group for the former Yugoslavia that ‘‘[t]he

21 Prosecutor believes that the nature and scale of the

22 fighting indicate that an ‘armed conflict’, within the

23 meaning of international law, exists in Kosovo. As a

24 consequence, she intends to bring charges for crimes

25 against humanity or war crimes, if evidence of such

26 crimes is established’’;
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1 (5) reports from Kosovar Alabanian refugees

2 provide detailed accounts of systematic efforts to

3 displace the entire Muslim population of Kosovo;

4 (6) in furtherance of this plan, Serbian troops,

5 police, and paramilitary forces have engaged in de6 tention and summary execution of men of all ages,

7 wanton destruction of civilian housing, forcible ex8 pulsions, mass executions in at least 60 villages and

9 towns, as well as widespread organized rape of

10 women and young girls;

11 (7) these reports of atrocities provide prima

12 facie evidence of war crimes, crimes against human13 ity, as well as genocide;

14 (8) any criminal investigation is best served by

15 the depositions and interviews of witnesses as soon

16 after the commission of the crime as possible;

17 (9) the indictment, arrest, and trial of war

18 criminals would provide a significant deterrent to

19 further atrocities;

20 (10) the ICTY has issued 14 international war21 rants for war crimes suspects that have yet to be

22 served, despite knowledge of the suspects’ where23 abouts;
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1 (11) vigorous prosecution of war crimes after

2 the conflict in Bosnia may have prevented the ongo3 ing atrocities in Kosovo; and

4 (12) investigative reporters have identified spe5 cific documentary evidence implicating the Serbian

6 leadership in the commission of war crimes.

7 (b) It is the sense of Congress that—

8 (1) the United States, in coordination with

9 other United Nations contributors, should provide

10 sufficient resources for an expeditious and thorough

11 investigation of allegations of the atrocities and war

12 crimes committed in Kosovo;

13 (2) the United States, through its intelligence

14 services, should provide all possible cooperation in

15 the gathering of evidence of sufficient specificity and

16 credibility to secure the indictment of those respon17 sible for the commission of war crimes, crimes

18 against humanity, and genocide in the former Yugo19 slavia;

20 (3) where evidence warrants, indictments for

21 war crimes, crimes against humanity, and genocide

22 should be issued against suspects regardless of their

23 position within the Serbian leadership;

24 (4) the United States and all nations have an

25 obligation to honor arrest warrants issued by the
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1 ICTY, and the United States should use all appro2 priate means to apprehend war criminals already

3 under indictment; and

4 (5) NATO should not accept any diplomatic

5 resolution to the conflict in Kosovo that would bar

6 the indictment, apprehension, or prosecution of war

7 criminals for crimes committed during operations in

8 Kosovo.

9 SEC. 1062. EXPANSION OF LIST OF DISEASES PRESUMED TO

10 BE SERVICE-CONNECTED FOR RADIATION-EX11 POSED VETERANS.

12 Section 1112(c)(2) of title 38, United States Code,

13 is amended by adding at the end the following:

14 ‘‘(P) Lung cancer.

15 ‘‘(Q) Colon cancer.

16 ‘‘(R) Tumors of the brain and central nervous

17 system.’’.

18 SEC. 1063. LEGAL EFFECT OF THE NEW STRATEGIC CON19 CEPT OF NATO.

20 (a) CERTIFICATION REQUIRED.—Not later than 30

21 days after the date of enactment of this Act, the President

22 shall determine and certify to the Senate whether or not

23 the new Strategic Concept of NATO imposes any new

24 commitment or obligation on the United States.
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1 (b) SENSE OF THE SENATE.—It is the sense of the

2 Senate that, if the President certifies under subsection (a)

3 that the new Strategic Concept of NATO imposes any new

4 commitment or obligation on the United States, the Presi5 dent should submit the new Strategic Concept of NATO

6 to the Senate as a treaty for the Senate’s advice and con7 sent to ratification under Article II, Section 2, Clause 2

8 of the Constitution of the United States.

9 (c) REPORT.—Together with the certification made

10 under subsection (a), the President shall submit to the

11 Senate a report containing an analysis of the potential

12 threats facing NATO in the first decade of the next mil13 lennium, with particular reference to those threats facing

14 a member nation, or several member nations, where the

15 commitment of NATO forces will be ‘‘out of area’’ or be16 yond the borders of NATO member nations.

17 (d) DEFINITION.—For the purposes of this section,

18 the term ‘‘new Strategic Concept of NATO’’ means the

19 document approved by the Heads of State and Govern20 ment participating in the meeting of the North Atlantic

21 Council in Washington, DC, on April 23 and 24, 1999.
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1 SEC. 1064. MULTINATIONAL ECONOMIC EMBARGOES

2 AGAINST GOVERNMENTS IN ARMED CON3 FLICT WITH THE UNITED STATES.

4 (a) POLICY ON THE ESTABLISHMENT OF EMBAR5 GOES.—

6 (1) IN GENERAL.—It is the policy of the United

7 States, that upon the use of the Armed Forces of

8 the United States to engage in hostilities against

9 any foreign country, the President shall as

10 appropriate—

11 (A) seek the establishment of a multi12 national economic embargo against such coun13 try; and

14 (B) seek the seizure of its foreign financial

15 assets.

16 (b) REPORTS.—Not later than 20 days, or earlier

17 than 14 days, after the first day of the engagement of

18 the United States in any armed conflict described in sub19 section (a), the President shall, if the armed conflict con20 tinues, submit a report to Congress setting forth—

21 (1) the specific steps the United States has

22 taken and will continue to take to institute the em23 bargo and financial asset seizures pursuant to sub24 section (a); and

25 (2) any foreign sources of trade of revenue that

26 directly or indirectly support the ability of the adver-
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1 sarial government to sustain a military conflict

2 against the Armed Forces of the United States.

3 SEC. 1065. CONDITIONS FOR LENDING OBSOLETE OR CON4 DEMNED RIFLES FOR FUNERAL CERE5 MONIES.

6 Section 4683(a)(2) of title 10, United States Code,

7 is amended to read as follows:

8 ‘‘(2) issue and deliver those rifles, together with

9 blank ammunition, to those units without charge if

10 the rifles and ammunition are to be used for cere11 monies and funerals in honor of veterans at national

12 or other cemeteries.’’.

13 SEC. 1066. PROHIBITION ON THE RETURN OF VETERANS

14 MEMORIAL OBJECTS TO FOREIGN NATIONS

15 WITHOUT SPECIFIC AUTHORIZATION IN LAW.

16 (a) PROHIBITION.—Notwithstanding section 2572 of

17 title 10, United States Code, or any other provision of law,

18 the President may not transfer a veterans memorial object

19 to a foreign country or entity controlled by a foreign gov20 ernment, or otherwise transfer or convey such object to

21 any person or entity for purposes of the ultimate transfer

22 or conveyance of such object to a foreign country or entity

23 controlled by a foreign government, unless specifically au24 thorized by law.

25 (b) DEFINITIONS.—In this section:
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1 (1) ENTITY CONTROLLED BY A FOREIGN GOV2 ERNMENT.—The term ‘‘entity controlled by a for3 eign government’’ has the meaning given that term

4 in section 2536(c)(1) of title 10, United States

5 Code.

6 (2) VETERANS MEMORIAL OBJECT.—The term

7 ‘‘veterans memorial object’’ means any object, in8 cluding a physical structure or portion thereof,

9 that—

10 (A) is located at a cemetery of the Na11 tional Cemetery System, war memorial, or mili12 tary installation in the United States;

13 (B) is dedicated to, or otherwise memorial14 izes, the death in combat or combat-related du15 ties of members of the United States Armed

16 Forces; and

17 (C) was brought to the United States from

18 abroad as a memorial of combat abroad.

19 SEC. 1067. MILITARY ASSISTANCE TO CIVIL AUTHORITIES

20 FOR RESPONDING TO TERRORISM.

21 (a) AUTHORITY.—During fiscal year 2000, the Sec22 retary of Defense, upon the request of the Attorney Gen23 eral, may provide assistance to civil authorities in respond24 ing to an act or threat of an act of terrorism, including

25 an act of terrorism or threat of an act of terrorism that
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1 involves a weapon of mass destruction, within the United

2 States if the Secretary of Defense determines that—

3 (1) special capabilities and expertise of the De4 partment of Defense are necessary and critical to re5 spond to the act or threat; and

6 (2) the provision of such assistance will not ad7 versely affect the military preparedness of the armed

8 forces.

9 (b) NATURE OF ASSISTANCE.—Assistance provided

10 under subsection (a) may include the deployment of De11 partment of Defense personnel and the use of any Depart12 ment of Defense resources to the extent and for such pe13 riod as the Secretary of Defense determines necessary to

14 prepare for, prevent, or respond to an act or threat de15 scribed in that subsection. Actions taken to provide the

16 assistance may include the prepositioning of Department

17 of Defense personnel, equipment, and supplies.

18 (c) REIMBURSEMENT.—(1) Assistance provided

19 under this section shall normally be provided on a reim20 bursable basis. Notwithstanding any other provision of

21 law, the amounts of reimbursement shall be limited to the

22 amounts of the incremental costs of providing the assist23 ance. In extraordinary circumstances, the Secretary of De24 fense may waive reimbursement upon determining that a

25 waiver of the reimbursement is in the national security
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1 interests of the United States and submitting to Congress

2 a notification of the determination.

3 (2) If funds are appropriated for the Department of

4 Justice to cover the costs of responding to an act or threat

5 for which assistance is provided under subsection (a), the

6 Department of Defense shall be reimbursed out of such

7 funds for the costs incurred by the department in pro8 viding the assistance without regard to whether the assist9 ance was provided on a nonreimbursable basis.

10 (d) LIMITATION ON FUNDING.—Not more than

11 $10,000,000 may be obligated to provide assistance pursu12 ant to subsection (a) in a fiscal year.

13 (e) PERSONNEL RESTRICTIONS.—In carrying out

14 this section, a member of the Army, Navy, Air Force, or

15 Marine Corps may not, unless authorized by another pro16 vision of law—

17 (1) directly participate in a search, seizure, ar18 rest, or other similar activity; or

19 (2) collect intelligence for law enforcement pur20 poses.

21 (f) NONDELEGABILITY OF AUTHORITY.—(1) The

22 Secretary of Defense may not delegate to any other official

23 authority to make determinations and to authorize assist24 ance under this section.
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1 (2) The Attorney General may not delegate to any

2 other official authority to make a request for assistance

3 under subsection (a).

4 (h) RELATIONSHIP TO OTHER AUTHORITY.—(1) The

5 authority provided in this section is in addition to any

6 other authority available to the Secretary of Defense.

7 (2) Nothing in this section shall be construed to re8 strict any authority regarding use of members of the

9 armed forces or equipment of the Department of Defense

10 that was in effect before the date of enactment of this

11 Act.

12 (i) DEFINITIONS.—In this section:

13 (1) The term ‘‘threat of an act of terrorism’’ in14 cludes any circumstance providing a basis for rea15 sonably anticipating an act of terrorism, as deter16 mined by the Secretary of Defense in consultation

17 with the Attorney General and the Secretary of the

18 Treasury.

19 (2) The term ‘‘weapon of mass destruction’’ has

20 the meaning given the term in section 1403 of the

21 Defense Against Weapons of Mass Destruction Act

22 of 1996 (50 U.S.C. 2302(1)).
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1 SEC. 1068. SENSE OF THE CONGRESS REGARDING THE CON2 TINUATION OF SANCTIONS AGAINST LIBYA.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) On December 21, 1988, 270 people, includ6 ing 189 United States citizens, were killed in a ter7 rorist bombing on Pan Am Flight 103 over

8 Lockerbie, Scotland.

9 (2) Britain and the United States indicted two

10 Libyan intelligence agents, Abd al-Baset Ali al11 Megrahi and Al-Amin Khalifah Fhimah, in 1991

12 and sought their extradition from Libya to the

13 United States or the United Kingdom to stand trial

14 for this heinous terrorist act.

15 (3) The United Nations Security Council called

16 for the extradition of the suspects in Security Coun17 cil Resolution 731 and imposed sanctions on Libya

18 in Security Council Resolutions 748 and 883 be19 cause Libyan leader Colonel Muammar Qadhafi re20 fused to transfer the suspects to either the United

21 States or the United Kingdom to stand trial.

22 (4) The United Nations Security Council Reso23 lutions 731, 748, and 883 demand that Libya cease

24 all support for terrorism, turn over the two suspects,

25 cooperate with the investigation and the trial, and

26 address the issue of appropriate compensation.
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1 (5) The sanctions in United Nations Security

2 Council Resolutions 748 and 883 include—

3 (A) a worldwide ban on Libya’s national

4 airline;

5 (B) a ban on flights into and out of Libya

6 by other nations’ airlines; and

7 (C) a prohibition on supplying arms, air8 plane parts, and certain oil equipment to Libya,

9 and a blocking of Libyan Government funds in

10 other countries.

11 (6) Colonel Muammar Qadhafi for many years

12 refused to extradite the suspects to either the United

13 States or the United Kingdom and had insisted that

14 he would only transfer the suspects to a third and

15 neutral country to stand trial.

16 (7) On August 24, 1998, the United States and

17 the United Kingdom agreed to the proposal that

18 Colonel Qadhafi transfer the suspects to The Neth19 erlands, where they would stand trial under a Scot20 tish court, under Scottish law, and with a panel of

21 Scottish judges.

22 (8) The United Nations Security Council en23 dorsed the United States-United Kingdom proposal

24 on August 27, 1998 in United Nations Security

25 Council Resolution 1192.
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1 (9) The United States, consistent with United

2 Nations Security Council resolutions, called on Libya

3 to ensure the production of evidence, including the

4 presence of witnesses before the court, and to com5 ply fully with all the requirements of the United Na6 tions Security Council resolutions.

7 (10) After years of intensive diplomacy, Colonel

8 Qadhafi finally transferred the two Libyan suspects

9 to The Netherlands on April 5, 1999, and the

10 United Nations Security Council, in turn, suspended

11 its sanctions against Libya that same day.

12 (11) Libya has only fulfilled one of four condi13 tions (the transfer of the two suspects accused in the

14 Lockerbie bombing) set forth in United Nations Se15 curity Council Resolutions 731, 748, and 883 that

16 would justify the lifting of United Nations Security

17 Council sanctions against Libya.

18 (12) Libya has not fulfilled the other three con19 ditions (cooperation with the Lockerbie investigation

20 and trial; renunciation of and ending support for

21 terrorism; and payment of appropriate compensa22 tion) necessary to lift the United Nations Security

23 Council sanctions.

24 (13) The United Nations Secretary General is

25 expected to issue a report to the Security Council on
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1 or before July 5, 1999, on the issue of Libya’s com2 pliance with the remaining conditions.

3 (14) Any member of the United Nations Secu4 rity Council has the right to introduce a resolution

5 to lift the sanctions against Libya after the United

6 Nations Secretary General’s report has been issued.

7 (15) The United States Government considers

8 Libya a state sponsor of terrorism and the State De9 partment Report, ‘‘Patterns of Global Terrorism;

10 1998’’, stated that Colonel Qadhafi ‘‘continued pub11 licly and privately to support Palestinian terrorist

12 groups, including the PIJ and the PFLP–GC’’.

13 (16) United States Government sanctions

14 (other than sanctions on food or medicine) should be

15 maintained on Libya, and in accordance with United

16 States law, the Secretary of State should keep Libya

17 on the list of countries the governments of which

18 have repeatedly provided support for acts of inter19 national terrorism under section 6(j) of the Export

20 Administration Act of 1979 in light of Libya’s ongo21 ing support for terrorist groups.

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that the President should use all diplomatic means

24 necessary, including the use of the United States veto at

25 the United Nations Security Council, to prevent the Secu-
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1 rity Council from lifting sanctions against Libya until

2 Libya fulfills all of the conditions set forth in United Na3 tions Security Council Resolutions 731, 748, and 883.

4 SEC. 1069. INVESTIGATIONS OF VIOLATIONS OF EXPORT

5 CONTROLS BY UNITED STATES SATELLITE

6 MANUFACTURERS.

7 (a) NOTICE TO CONGRESS OF INVESTIGATIONS.—

8 The President shall promptly notify Congress whenever an

9 investigation is undertaken of an alleged violation of

10 United States export control laws in connection with a

11 commercial satellite of United States origin.

12 (b) NOTICE TO CONGRESS OF CERTAIN EXPORT

13 WAIVERS.—The President shall promptly notify Congress

14 whenever an export waiver is granted on behalf of any

15 United States person or firm that is the subject of an in16 vestigation described in subsection (a). The notice shall

17 include a justification for the waiver.

18 (c) NOTICE IN APPLICATIONS.—It is the sense of

19 Congress that any United States person or firm subject

20 to an investigation described in subsection (a) that sub21 mits to the United States an application for the export

22 of a commercial satellite should include in the application

23 a notice of the investigation.

24 (d) PROTECTION OF CLASSIFIED AND OTHER SEN25 SITIVE INFORMATION.—The Senate and the House of
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1 Representatives shall each establish, by rule or resolution

2 of such House, procedures to protect from unauthorized

3 disclosure classified information, informatioin relating to

4 intelligence sources and methods, and sensitive law en5 forcement information that is furnished to Congress pur6 suant to this section.

7 (e) EXCEPTION.—The requirements of subsections

8 (a) and (b) shall not apply if the President determines

9 that notification of Congress would jeopardize an on-going

10 criminal investigation. If the President makes such a de11 termination he shall provide written notification to the

12 Majority Leader of the Senate, the Minority Leader of the

13 Senate, the Speaker of the House of Representatives and

14 the Minority Leader of the House of Representatives.

15 Such notification shall include a justification for any such

16 determination.

17 SEC. 1070. ENHANCEMENT OF ACTIVITIES OF DEFENSE

18 THREAT REDUCTION AGENCY.

19 (a) IN GENERAL.—Not later than 180 days after the

20 date of the enactment of this Act, the Secretary of Defense

21 shall prescribe regulations—

22 (1) to authorize the personnel of the Defense

23 Threat Reduction Agency (DTRA) who monitor sat24 ellite launch campaigns overseas to suspend such

25 campaigns at any time if the suspension is required
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1 for purposes of the national security of the United

2 States;

3 (2) to establish appropriate professional and

4 technical qualifications for such personnel;

5 (3) to allocate funds and other resources to the

6 Agency at levels sufficient to prevent any shortfalls

7 in the number of such personnel;

8 (4) to establish mechanisms in accordance with

9 the provisions of section 1514(a)(2)(A) of the Strom

10 Thurmond National Defense Authorization Act for

11 Fiscal Year 1999 (Public Law 105–261; 112 Stat.

12 2175; 22 U.S.C. 2778 note) that provide for—

13 (A) the allocation to the Agency, in ad14 vance of a launch campaign, of an amount

15 equal to the amount estimated to be required by

16 the Agency to monitor the launch campaign;

17 and

18 (B) the reimbursement of the Department,

19 at the end of a launch campaign, for amounts

20 expended by the Agency in monitoring the

21 launch campaign;

22 (5) to establish a formal technology training

23 program for personnel of the Agency who monitor

24 satellite launch campaigns overseas, including a
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1 structured framework for providing training in areas

2 of export control laws;

3 (6) to review and improve guidelines on the

4 scope of permissible discussions with foreign persons

5 regarding technology and technical information, in6 cluding the technology and technical information

7 that should not be included in such discussions;

8 (7) to provide, on at least an annual basis,

9 briefings to the officers and employees of United

10 States commercial satellite entities on United States

11 export license standards, guidelines, and restrictions,

12 and encourage such officers and employees to par13 ticipate in such briefings;

14 (8) to establish a system for—

15 (A) the preparation and filing by personnel

16 of the Agency who monitor satellite launch cam17 paigns overseas of detailed reports of all activi18 ties observed by such personnel in the course of

19 monitoring such campaigns;

20 (B) the systematic archiving of reports

21 filed under subparagraph (A); and

22 (C) the preservation of such reports in ac23 cordance with applicable laws; and
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1 (9) to establish a counterintelligence program

2 within the Agency as part of its satellite launch

3 monitoring program.

4 (b) ANNUAL REPORT ON IMPLEMENTATION OF SAT5 ELLITE TECHNOLOGY SAFEGUARDS.—(1) The Secretary

6 of Defense and the Secretary of State shall each submit

7 to Congress each year, as part of the annual report for

8 that year under section 1514(a)(8) of the Strom Thur9 mond National Defense Authorization Act for Fiscal Year

10 1999, the following:

11 (A) A summary of the satellite launch cam12 paigns and related activities monitored by the De13 fense Threat Reduction Agency during the preceding

14 year.

15 (B) A description of any license infractions or

16 violations that may have occurred during such cam17 paigns and activities.

18 (C) A description of the personnel, funds, and

19 other resources dedicated to the satellite launch

20 monitoring program of the Agency during that year.

21 (D) An assessment of the record of United

22 States satellite makers in cooperating with Agency

23 monitors, and in complying with United States ex24 port control laws, during that year.
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1 (2) Each report under paragraph (1) shall be sub2 mitted in classified form and unclassified form.

3 SEC. 1071. IMPROVEMENT OF LICENSING ACTIVITIES BY

4 THE DEPARTMENT OF STATE.

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of State shall prescribe

7 regulations to provide, consistent with the need to protect

8 classified, law enforcement, or other sensitive information,

9 timely notice to the manufacturer of a commercial satellite

10 of United States origin of the reasons for a denial or ap11 proval with conditions, as the case may be, of the applica12 tion for license involving the overseas launch of such sat13 ellite.

14 SEC. 1072. ENHANCEMENT OF INTELLIGENCE COMMUNITY

15 ACTIVITIES.

16 (a) CONSULTATION WITH DCI.—The Secretary of

17 State and Secretary of Defense shall consult with the Di18 rector of Central Intelligence throughout the review of an

19 application for a license involving the overseas launch of

20 a commercial satellite of United States origin in order to

21 assure that the launch of the satellite, if the license is ap22 proved, will meet any requirements necessary to protect

23 the national security interests of the United States.

24 (b) ADVISORY GROUP.—The Director of Central In25 telligence shall establish within the intelligence community
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1 an advisory group to provide information and analysis to

2 Congress upon request, and to appropriate departments

3 and agencies of the Federal Government, on licenses in4 volving the overseas launch of commercial satellites of

5 United States origin.

6 (c) ANNUAL REPORTS ON EFFORTS TO ACQUIRE

7 SENSITIVE UNITED STATES TECHNOLOGY AND TECH8 NICAL INFORMATION.—The Director of Central Intel9 ligence shall submit each year to Congress and appropriate

10 officials of the executive branch a report on the efforts

11 of foreign governments and entities during the preceding

12 year to acquire sensitive United States technology and

13 technical information. The report shall include an analysis

14 of the applications for licenses for export that were sub15 mitted to the United States during that year.

16 (d) INTELLIGENCE COMMUNITY DEFINED.—In this

17 section, the term ‘‘intelligence community’’ has the mean18 ing given that term in section 3(4) of the National Secu19 rity Act of 1947 (50 U.S.C. 401a(4)).

20 SEC. 1073. ADHERENCE OF PEOPLE’S REPUBLIC OF CHINA

21 TO MISSILE TECHNOLOGY CONTROL REGIME.

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that—

24 (1) the President should take all actions appro25 priate to obtain a bilateral agreement with the Peo-
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1 ple’s Republic of China to adhere to the Missile

2 Technology Control Regime (MTCR) and the MTCR

3 Annex; and

4 (2) the People’s Republic of China should not

5 be permitted to join the Missile Technology Control

6 Regime as a member without having—

7 (A) demonstrated a sustained and verified

8 commitment to the nonproliferation of missiles

9 and missile technology; and

10 (B) adopted an effective export control sys11 tem for implementing guidelines under the Mis12 sile Technology Control Regime and the MTCR

13 Annex.

14 (b) DEFINITIONS.—In this section:

15 (1) The term ‘‘Missile Technology Control Re16 gime’’ means the policy statement, between the

17 United States, the United Kingdom, the Federal Re18 public of Germany, France, Italy, Canada, and

19 Japan, announced on April 16, 1987, to restrict sen20 sitive missile-relevant transfers based on the MTCR

21 Annex, and any amendments thereto.

22 (2) The term ‘‘MTCR Annex’’ means the

23 Guidelines and Equipment and Technology Annex of

24 the Missile Technology Control Regime, and any

25 amendments thereto.
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1 SEC. 1074. UNITED STATES COMMERCIAL SPACE LAUNCH

2 CAPACITY.

3 It is the sense of Congress that—

4 (1) Congress and the President should work to5 gether to stimulate and encourage the expansion of

6 a commercial space launch capacity in the United

7 States, including by taking actions to eliminate legal

8 or regulatory barriers to long-term competitiveness

9 in the United States commercial space launch indus10 try; and

11 (2) Congress and the President should—

12 (A) reexamine the current United States

13 policy of permitting the export of commercial

14 satellites of United States origin to the People’s

15 Republic of China for launch;

16 (B) review the advantages and disadvan17 tages of phasing out the policy over time, in18 cluding advantages and disadvantages identified

19 by Congress, the executive branch, the United

20 States satellite industry, the United States

21 space launch industry, the United States tele22 communications industry, and other interested

23 persons; and

24 (C) if the phase out of the policy is adopt25 ed, permit launches of commercial satellites of
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1 United States origin by the People’s Republic of

2 China only if—

3 (i) such launches are licensed as of

4 the commencement of the phase out of the

5 policy; and

6 (ii) additional actions are taken to

7 minimize the transfer of technology to the

8 People’s Republic of China during the

9 course of such launches.

10 SEC. 1075. ANNUAL REPORTS ON SECURITY IN THE TAIWAN

11 STRAIT.

12 (a) IN GENERAL.—Not later than February 1 of each

13 year, beginning in the first calendar year after the date

14 of enactment of this Act, the Secretary of Defense shall

15 submit to the appropriate congressional committees a re16 port, in both classified and unclassified form, detailing the

17 security situation in the Taiwan Strait.

18 (b) REPORT ELEMENTS.—Each report shall

19 include—

20 (1) an analysis of the military forces facing

21 Taiwan from the People’s Republic of China;

22 (2) an evaluation of additions during the pre23 ceding year to the offensive military capabilities of

24 the People’s Republic of China; and
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1 (3) an assessment of any challenges during the

2 preceding year to the deterrent forces of the Repub3 lic of China on Taiwan, consistent with the commit4 ments made by the United States in the Taiwan Re5 lations Act (Public Law 96–8).

6 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—The term ‘‘appropriate congressional commit8 tees’’ means the Committee on Foreign Relations and the

9 Committee on Armed Services of the Senate and the Com10 mittee on International Relations and the Committee on

11 Armed Services of the House of Representatives.

12 SEC. 1076. DECLASSIFICATION OF RESTRICTED DATA AND

13 FORMERLY RESTRICTED DATA.

14 Section 3161(b) of the Strom Thurmond National

15 Defense Authorization Act for Fiscal Year 1999 (Public

16 Law 105–261; 112 Stat. 2260; 50 U.S.C. 435 note) is

17 amended by adding at the end the following:

18 ‘‘(9) The actions to be taken to ensure that

19 records subject to Executive Order No. 12958 that

20 have previously been determined to be suitable for

21 release to the public are reviewed on a page by page

22 basis for Restricted Data or Formerly Restricted

23 Data unless such records have been determined to

24 be highly unlikely to contain Restricted Data or For25 merly Restricted Data.’’.
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1 SEC. 1077. DISENGAGING FROM NONCRITICAL OVERSEAS

2 MISSIONS INVOLVING UNITED STATES COM3 BAT FORCES.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) It is the National Security Strategy of the

7 United States to ‘‘deter and defeat large-scale,

8 cross-border aggression in two distant theaters in

9 overlapping time frames’’.

10 (2) The deterrence of Iraq and Iran in South11 west Asia and the deterrence of North Korea in

12 Northeast Asia represent two such potential large13 scale, cross-border theater requirements.

14 (3) The United States has 120,000 troops per15 manently assigned to those theaters.

16 (4) The United States has an additional 70,000

17 forces assigned to non-NATO/non-Pacific threat for18 eign countries.

19 (5) The United States has more than 6,000

20 troops in Bosnia-Herzegovina on indefinite assign21 ment.

22 (6) The United States has diverted permanently

23 assigned resources from other theaters to support

24 operations in the Balkans.

25 (7) The United States provides military forces

26 to seven active United Nations peacekeeping oper-
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1 ations, including some missions that have continued

2 for decades.

3 (8) Between 1986 and 1998, the number of

4 American military deployments per year has nearly

5 tripled at the same time the Department of Defense

6 budget has been reduced in real terms by 38 per7 cent.

8 (9) The Army has 10 active-duty divisions

9 today, down from 18 in 1991, while on an average

10 day in fiscal year 1998, 28,000 United States Army

11 soldiers were deployed to more than 70 countries for

12 over 300 separate missions.

13 (10) Active Air Force fighter wings have gone

14 from 22 to 13 since 1991, while 70 percent of air

15 sorties in Operation Allied Force over the Balkans

16 are United States-flown and the Air Force continues

17 to enforce northern and southern no-fly zones in

18 Iraq. In response, the Air Force has initiated a

19 ‘‘stop loss’’ program to block normal retirements

20 and separations.

21 (11) The United States Navy has been reduced

22 in size to 339 ships, its lowest level since 1938, ne23 cessitating the redeployment of the only overseas

24 homeported aircraft carrier from the Western Pacific
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1 to the Mediterranean to support Operation Allied

2 Force.

3 (12) In 1998 just 10 percent of eligible carrier

4 naval aviators—27 out of 261—accepted continu5 ation bonuses and remained in service.

6 (13) In 1998 48 percent of Air Force pilots eli7 gible for continuation opted to leave the service.

8 (14) The Army could fall 6,000 below Congres9 sionally authorized troop strength by the end of

10 1999.

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that:

13 (1) The readiness of United States military

14 forces to execute the National Security Strategy of

15 the United States is being eroded from a combina16 tion of declining defense budgets and expanded mis17 sions.

18 (2) There may be missions to which the United

19 States is contributing Armed Forces from which the

20 United States can begin disengaging.

21 (c) REPORT REQUIREMENT.—Not later than March

22 1, 2000, the President shall submit to the Committee on

23 Armed Services of the Senate and the Committee on Na24 tional Security of the House of Representatives, and to

25 the Committees on Appropriations in both Houses, a re-
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1 port prioritizing the ongoing global missions to which the

2 United States is contributing troops. The President shall

3 include in the report a feasibility analysis of how the

4 United States can—

5 (1) shift resources from low priority missions in

6 support of higher priority missions;

7 (2) consolidate or reduce United States troop

8 commitments worldwide;

9 (3) end low priority missions.

10 SEC. 1078. SENSE OF THE SENATE ON NEGOTIATIONS WITH

11 INDICTED WAR CRIMINALS.

12 (a) IN GENERAL.—It is the sense of the Senate that

13 the United States, as a member of NATO, should not ne14 gotiate with Slobodan Milosevic, an indicted war criminal,

15 or any other indicted war criminal with respect to reaching

16 an end to the conflict in the Federal Republic of Yugo17 slavia

18 (b) YUGOSLAVIA DEFINED.—In this section, the term

19 ‘‘Federal Republic of Yugoslavia’’ means the Federal Re20 public of Yugoslavia (Serbia and Montenegro).

21 SEC. 1079. COAST GUARD EDUCATION FUNDING.

22 Section 2006 of title 10, United States Code, is

23 amended—
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1 (1) by striking ‘‘Department of Defense edu2 cation liabilities’’ in subsection (a) and inserting

3 ‘‘armed forces education liabilities’’;

4 (2) by striking paragraph (1) of subsection (b)

5 and inserting the following:

6 ‘‘(1) The term ‘armed forces educational liabil7 ities’ means liabilities of the armed forces for bene8 fits under chapter 30 of title 38 and for Department

9 of Defense benefits under chapter 1606 of this

10 title.’’;

11 (3) by inserting ‘‘Department of Defense’’ after

12 ‘‘future’’ in subsection (b)(2)(C);

13 (4) by striking ‘‘106’’ in subsection (b)(2)(C)

14 and inserting ‘‘1606’’;

15 (5) by inserting ‘‘and the Secretary of the De16 partment in which the Coast Guard is operating’’

17 after ‘‘Defense’’ in subsection (c)(1);

18 (6) by striking ‘‘Department of Defense’’ in

19 subsection (d) and inserting ‘‘armed forces’’;

20 (7) by inserting ‘‘the Secretary of the Depart21 ment in which the Coast Guard is operating’’ in sub22 section (d) after ‘‘Secretary of Defense,’’;

23 (8) by inserting ‘‘and the Department in which

24 the Coast Guard is operating’’ after ‘‘Department of

25 Defense’’ in subsection (f)(5);
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1 (9) by inserting ‘‘and the Secretary of the De2 partment in which the Coast Guard is operating’’ in

3 paragraphs (1) and (2) of subsection (g) after ‘‘The

4 Secretary of Defense’’; and

5 (10) by striking ‘‘of a military department.’’ in

6 subsection (g)(3) and inserting ‘‘concerned.’’.

7 SEC. 1080. TECHNICAL AMENDMENT TO PROHIBITION ON

8 RELEASE OF CONTRACTOR PROPOSALS

9 UNDER THE FREEDOM OF INFORMATION

10 ACT.

11 Section 2305(g) of title 10, United States Code, is

12 amended in paragraph (1) by striking ‘‘the Department

13 of Defense’’ and inserting ‘‘an agency named in section

14 2303 of this title’’.

15 SEC. 1081. ATTENDANCE AT PROFESSIONAL MILITARY EDU16 CATION SCHOOLS BY MILITARY PERSONNEL

17 OF THE NEW MEMBER NATIONS OF NATO.

18 (a) FINDING.—Congress finds that it is in the na19 tional interests of the United States to fully integrate Po20 land, Hungary, and the Czech Republic, the new member

21 nations of the North Atlantic Treaty Organization, into

22 the NATO alliance as quickly as possible.

23 (b) MILITARY EDUCATION AND TRAINING PRO24 GRAMS.—The Secretary of each military department shall

25 give due consideration to according a high priority to the
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1 attendance of military personnel of Poland, Hungary, and

2 the Czech Republic at professional military education

3 schools and training programs in the United States, in4 cluding the United States Military Academy, the United

5 States Naval Academy, the United States Air Force Acad6 emy, the National Defense University, the war colleges of

7 the Armed Forces, the command and general staff officer

8 courses of the Armed Forces, and other schools and train9 ing programs of the Armed Forces that admit personnel

10 of foreign armed forces.

11 SEC. 1082. SENSE OF CONGRESS REGARDING UNITED

12 STATES-RUSSIAN COOPERATION IN COMMER13 CIAL SPACE LAUNCH SERVICES.

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that—

16 (1) the United States should agree to increase

17 the quantitative limitations applicable to commercial

18 space launch services provided by Russian space

19 launch service providers if the Government of the

20 Russian Federation demonstrates a sustained com21 mitment to seek out and prevent the illegal transfer

22 from Russia to Iran or any other country of any

23 prohibited ballistic missile equipment or any tech24 nology necessary for the acquisition or development

25 by the recipient country of any ballistic missile;
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1 (2) the United States should demand full and

2 complete cooperation from the Government of the

3 Russian Federation on preventing the illegal transfer

4 from Russia to Iran or any other country of any

5 prohibited fissile material or ballistic missile equip6 ment or any technology necessary for the acquisition

7 or development by the recipient country of any nu8 clear weapon or ballistic missile; and

9 (3) the United States should take every appro10 priate measure necessary to encourage the Govern11 ment of the Russian Federation to seek out and pre12 vent the illegal transfer from Russia to Iran or any

13 other country of any prohibited fissile material or

14 ballistic missile equipment or any technology nec15 essary for the acquisition or development by the re16 cipient country of any nuclear weapon or ballistic

17 missile.

18 (b) DEFINITIONS.—

19 (1) IN GENERAL.—The terms ‘‘commercial

20 space launch services’’ and ‘‘Russian space launch

21 service providers’’ have the same meanings given

22 those terms in Article I of the Agreement Between

23 the Government of the United States of America

24 and the Government of the Russian Federation Re25 garding International Trade in Commercial Space
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1 Launch Services, signed in Washington, D.C., on

2 September 2, 1993.

3 (2) QUANTITATIVE LIMITATIONS APPLICABLE

4 TO COMMERCIAL SPACE LAUNCH SERVICES.—The

5 term ‘‘quantitative limitations applicable to commer6 cial space launch services’’ means the quantitative

7 limits applicable to commercial space launch services

8 contained in Article IV of the Agreement Between

9 the Government of the United States of America

10 and the Government of the Russian Federation Re11 garding International Trade in Commercial Space

12 Launch Services, signed in Washington, D.C., on

13 September 2, 1993, as amended by the agreement

14 between the United States and the Russian Federa15 tion done at Washington, D.C., on January 30,

16 1996.

17 SEC. 1083. RECOVERY AND IDENTIFICATION OF REMAINS

18 OF CERTAIN WORLD WAR II SERVICEMEN.

19 (a) RESPONSIBILITIES OF THE SECRETARY OF THE

20 ARMY.—(1) The Secretary of the Army, in consultation

21 with the Secretary of Defense, shall make every reasonable

22 effort, as a matter of high priority, to search for, recover,

23 and identify the remains of United States servicemen of

24 the United States aircraft lost in the Pacific theater of

25 operations during World War II, including in New Guinea.
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1 (2) The Secretary of the Army shall submit to Con2 gress not later than September 30, 2000, a report detail3 ing the efforts made by the United States Army Central

4 Identification Laboratory to accomplish the objectives de5 scribed in paragraph (1).

6 (b) RESPONSIBILITIES OF THE SECRETARY OF

7 STATE.—The Secretary of State, upon request by the Sec8 retary of the Army, shall work with officials of govern9 ments of sovereign nations in the Pacific theater of oper10 ations of World War II to overcome any political obstacles

11 that have the potential for precluding the Secretary of the

12 Army from accomplishing the objectives described in sub13 section (a)(1).

14 SEC. 1084. CHEMICAL AGENTS USED FOR DEFENSIVE

15 TRAINING.

16 (a) AUTHORITY TO TRANSFER AGENTS.—(1) The

17 Secretary of Defense may transfer to the Attorney Gen18 eral, in accordance with the Chemical Weapons Conven19 tion, quantities of lethal chemical agents required to sup20 port training at the Center for Domestic Preparedness in

21 Fort McClellan, Alabama. The quantity of lethal chemical

22 agents transferred under this section may not exceed that

23 required to support training for emergency first-response

24 personnel in addressing the health, safety, and law en25 forcement concerns associated with potential terrorist inci-
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1 dents that might involve the use of lethal chemical weap2 ons or agents, or other training designated by the Attor3 ney General.

4 (2) The Secretary of Defense, in coordination with

5 the Attorney General, shall determine the amount of lethal

6 chemical agents that shall be transferred under this sec7 tion. Such amount shall be transferred from quantities of

8 lethal chemical agents that are produced, acquired, or re9 tained by the Department of Defense.

10 (3) The Secretary of Defense may not transfer lethal

11 chemical agents under this section until—

12 (A) the Center referred to in paragraph (1) is

13 transferred from the Department of Defense to the

14 Department of Justice; and

15 (B) the Secretary determines that the Attorney

16 General is prepared to receive such agents.

17 (4) To carry out the training described in paragraph

18 (1) and other defensive training not prohibited by the

19 Chemical Weapons Convention, the Secretary of Defense

20 may transport lethal chemical agents from a Department

21 of Defense facility in one State to a Department of Justice

22 or Department of Defense facility in another State.

23 (5) Quantities of lethal chemical agents transferred

24 under this section shall meet all applicable requirements

25 for transportation, storage, treatment, and disposal of
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1 such agents and for any resulting hazardous waste prod2 ucts.

3 (b) ANNUAL REPORT.—The Secretary of Defense, in

4 consultation with Attorney General, shall report annually

5 to Congress regarding the disposition of lethal chemical

6 agents transferred under this section.

7 (c) NON-INTERFERENCE WITH TREATY OBLIGA8 TIONS.—Nothing in this section may be construed as

9 interfering with United States treaty obligations under the

10 Chemical Weapons Convention.

11 (d) CHEMICAL WEAPONS CONVENTION DEFINED.—

12 In this section, the term ‘‘Chemical Weapons Convention’’

13 means the Convention on the Prohibition of the Develop14 ment, Production, Stockpiling and Use of Chemical Weap15 ons and on Their Destruction, opened for signature on

16 January 13, 1993.

17 SEC. 1085. RUSSIAN NONSTRATEGIC NUCLEAR ARMS.

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that—

20 (1) it is in the interest of Russia to fully imple21 ment the Presidential Nuclear Initiatives announced

22 in 1991 and 1992 by then-President of the Soviet

23 Union Gorbachev and then-President of Russia

24 Yeltsin;
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1 (2) the President of the United States should

2 call on Russia to match the unilateral reductions in

3 the United States inventory of tactical nuclear weap4 ons, which have reduced the inventory by nearly 90

5 percent; and

6 (3) if the certification under section 1044 is

7 made, the President should emphasize the continued

8 interest of the United States in working coopera9 tively with Russia to reduce the dangers associated

10 with Russia’s tactical nuclear arsenal.

11 (b) ANNUAL REPORTING REQUIREMENT.—(1) Each

12 annual report on accounting for United States assistance

13 under Cooperative Threat Reduction programs that is sub14 mitted to Congress under section 1206 of Public Law

15 104–106 (110 Stat. 471; 22 U.S.C. 5955 note) after fiscal

16 year 1999 shall include, regarding Russia’s arsenal of tac17 tical nuclear warheads, the following:

18 (A) Estimates regarding current types, num19 bers, yields, viability, locations, and deployment sta20 tus of the warheads.

21 (B) An assessment of the strategic relevance of

22 the warheads.

23 (C) An assessment of the current and projected

24 threat of theft, sale, or unauthorized use of the war25 heads.
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1 (D) A summary of past, current, and planned

2 United States efforts to work cooperatively with

3 Russia to account for, secure, and reduce Russia’s

4 stockpile of tactical nuclear warheads and associated

5 fissile material.

6 (2) The Secretary shall include in the annual report,

7 with the matters included under paragraph (1), the views

8 of the Director of Central Intelligence and the views of

9 the Commander in Chief of the United States Strategic

10 Command regarding those matters.

11 (c) VIEWS OF THE DIRECTOR OF CENTRAL INTEL12 LIGENCE.—The Director of Central Intelligence shall sub13 mit to the Secretary of Defense, for inclusion in the an14 nual report under subsection (b), the Director’s views on

15 the matters described in paragraph (1) of that subsection

16 regarding Russia’s tactical nuclear weapons.

17 SEC. 1086. COMMEMORATION OF THE VICTORY OF FREE18 DOM IN THE COLD WAR.

19 (a) FINDINGS.—Congress makes the following find20 ings:

21 (1) The Cold War between the United States

22 and the former Union of Soviet Socialist Republics

23 was the longest and most costly struggle for democ24 racy and freedom in the history of mankind.
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1 (2) Whether millions of people all over the

2 world would live in freedom hinged on the outcome

3 of the Cold War.

4 (3) Democratic countries bore the burden of the

5 struggle and paid the costs in order to preserve and

6 promote democracy and freedom.

7 (4) The Armed Forces and the taxpayers of the

8 United States bore the greatest portion of such a

9 burden and struggle in order to protect such prin10 ciples.

11 (5) Tens of thousands of United States soldiers,

12 sailors, Marines, and airmen paid the ultimate price

13 during the Cold War in order to preserve the free14 doms and liberties enjoyed in democratic countries.

15 (6) The Berlin Wall erected in Berlin, Ger16 many, epitomized the totalitarianism that the United

17 States struggled to eradicate during the Cold War.

18 (7) The fall of the Berlin Wall on November 9,

19 1989, marked the beginning of the end for Soviet to20 talitarianism, and thus the end of the Cold War.

21 (8) November 9, 1999, is the 10th anniversary

22 of the fall of the Berlin Wall.

23 (b) DESIGNATION OF VICTORY IN THE COLD WAR

24 DAY.—Congress hereby—
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1 (1) designates November 9, 1999, as ‘‘Victory

2 in the Cold War Day’’; and

3 (2) requests that the President issue a procla4 mation calling on the people of the United States to

5 observe that week with appropriate ceremonies and

6 activities.

7 (c) COLD WAR MEDAL.—(1) Chapter 57 of title 10,

8 United States Code, is amended by adding at the end the

9 following:

10 ‘‘§ 1133. Cold War medal: award

11 ‘‘(a) AWARD.—There is hereby authorized an award

12 of an appropriate decoration, as provided for under sub13 section (b), to all individuals who served honorably in the

14 United States Armed Forces during the Cold War in order

15 to recognize the contributions of such individuals to

16 United States victory in the Cold War.

17 ‘‘(b) DESIGN.—The Joint Chiefs of Staff shall, under

18 regulations prescribed by the President, design for pur19 poses of this section a decoration called the ‘Victory in

20 the Cold War Medal’. The decoration shall be of appro21 priate design, with ribbons and appurtenances.

22 ‘‘(c) PERIOD OF COLD WAR.—For purposes of sub23 section (a), the term ‘Cold War’ shall mean the period be24 ginning on August 14, 1945, and ending on November 9,

25 1989.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end the following

3 new item:

‘‘1133. Cold War medal: award.’’.

4 (d) PARTICIPATION OF ARMED FORCES IN CELEBRA5 TION OF ANNIVERSARY OF END OF COLD WAR.—(1) Sub6 ject to paragraphs (2) and (3), amounts authorized to be

7 appropriated by section 301(1) shall be available for the

8 purpose of covering the costs of the Armed Forces in par9 ticipating in a celebration of the 10th anniversary of the

10 end of the Cold War to be held in Washington, District

11 of Columbia, on November 9, 1999.

12 (2) The total amount of funds available under para13 graph (1) for the purpose set forth in that paragraph may

14 not exceed $15,000,000.

15 (3)(A) The Secretary of Defense may accept con16 tributions from the private sector for the purpose of reduc17 ing the costs of the Armed Forces described in paragraph

18 (1).

19 (B) The amount of funds available under paragraph

20 (1) for the purpose set forth in that paragraph shall be

21 reduced by an amount equal to the amount of contribu22 tions accepted by the Secretary under subparagraph (A).

23 (e) COMMISSION ON VICTORY IN THE COLD WAR.—

24 (1) There is hereby established a commission to be known
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1 as the ‘‘Commission on Victory in the Cold War’’ (in this

2 subsection to be referred to as the ‘‘Commission’’).

3 (2) The Commission shall be composed of twelve indi4 viduals, as follows:

5 (A) Two shall be appointed by the President.

6 (B) Two shall be appointed by the Minority

7 Leader of the Senate.

8 (C) Two shall be appointed by the Minority

9 Leader of the House of Representatives.

10 (D) Three shall be appointed by the Majority

11 Leader of the Senate.

12 (E) Three shall be appointed by the Speaker of

13 the House of Representatives.

14 (3) The Commission shall have as its duty the review

15 and approval of the expenditure of funds by the Armed

16 Forces under subsection (d) prior to the participation of

17 the Armed Forces in the celebration referred to in para18 graph (1) of that subsection, whether such funds are de19 rived from funds of the United States or from amounts

20 contributed by the private sector under paragraph (3)(A)

21 of that subsection.

22 (4) In addition to the duties provided for under para23 graph (3), the Commission shall also have the authority

24 to design and award medals and decorations to current
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1 and former public officials and other individuals whose ef2 forts were vital to United States victory in the Cold War.

3 (5) The Commission shall be chaired by two individ4 uals as follows:

5 (A) One selected by and from among those ap6 pointed pursuant to subparagraphs (A), (B), and

7 (C) of paragraph (2).

8 (B) One selected by and from among those ap9 pointed pursuant to subparagraphs (D) and (E) of

10 paragraph (2).

11 TITLE XI—DEPARTMENT OF

12 DEFENSE CIVILIAN PERSONNEL

13 SEC. 1101. ACCELERATED IMPLEMENTATION OF VOL14 UNTARY EARLY RETIREMENT AUTHORITY.

15 Section 1109(d)(1) of the Strom Thurmond National

16 Defense Authorization Act for Fiscal Year 1999 (Public

17 Law 105–261; 112 Stat. 2145; 5 U.S.C. 8336 note) is

18 amended by striking ‘‘October 1, 2000’’ and inserting

19 ‘‘October 1, 1999’’.

20 SEC. 1102. DEFERENCE TO EEOC PROCEDURES FOR INVES21 TIGATION OF COMPLAINTS OF SEXUAL HAR22 ASSMENT MADE BY EMPLOYEES.

23 Section 1561(a) of title 10, United States Code, is

24 amended by striking ‘‘or a civilian employee under the su25 pervision of the officer’’.
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1 SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ES2 SENTIAL EMPLOYEES SERVING IN A COMBAT

3 ZONE.

4 (a) SERVICE IN A COMBAT ZONE AS EXIGENCY OF

5 THE PUBLIC BUSINESS.—Section 6304(d) of title 5,

6 United States Code, is amended by adding a the end the

7 following:

8 ‘‘(4)(A) For the purpose of this subsection, service

9 of a Department of Defense emergency essential employee

10 in a combat zone is an exigency of the public business

11 for that employee. Any leave that, by reason of such serv12 ice, is lost by the employee by operation of this section

13 (regardless of whether such leave was scheduled) shall be

14 restored to the employee and shall be credited and avail15 able in accordance with paragraph (2).

16 ‘‘(B) As used in subparagraph (A)—

17 ‘‘(i) the term ‘Department of Defense emer18 gency essential employee’ means an employee of the

19 Department of Defense who is designated under sec20 tion 1580 of title 10 as an emergency essential em21 ployee; and

22 ‘‘(ii) the term ‘combat zone’ has the meaning

23 given such term in section 112(c)(2) of the Internal

24 Revenue Code of 1986.’’.

25 (b) DESIGNATION OF EMERGENCY ESSENTIAL EM26 PLOYEES.—(1) Chapter 81 of title 10, United States
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1 Code, is amended by inserting after the table of sections

2 at the beginning of such chapter the following new section

3 1580:

4 ‘‘§ 1580. Emergency essential employees: designation

5 ‘‘(a) CRITERIA FOR DESIGNATION.—The Secretary of

6 Defense or the Secretary of the military department con7 cerned may designate as an emergency essential employee

8 any employee of the Department of Defense, whether per9 manent or temporary, the duties of whose position meet

10 all of the following criteria:

11 ‘‘(1) It is the duty of the employee to provide

12 immediate and continuing support for combat oper13 ations or to support maintenance and repair of com14 bat essential systems of the armed forces.

15 ‘‘(2) It is necessary for the employee to perform

16 that duty in a combat zone after the evacuation of

17 nonessential personnel, including any dependents of

18 members of the armed forces, from the zone in con19 nection with a war, a national emergency declared

20 by Congress or the President, or the commencement

21 of combat operations of the armed forces in the

22 zone.

23 ‘‘(3) It is impracticable to convert the employ24 ee’s position to a position authorized to be filled by
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1 a member of the armed forces because of a necessity

2 for that duty to be performed without interruption.

3 ‘‘(b) ELIGIBILITY OF EMPLOYEES OF NON4 APPROPRIATED FUND INSTRUMENTALITIES.—A non5 appropriated fund instrumentality employee is eligible for

6 designation as an emergency essential employee under

7 subsection (a).

8 ‘‘(c) DEFINITIONS.—In this section:

9 ‘‘(1) The term ‘combat zone’ has the meaning

10 given that term in section 112(c)(2) of the Internal

11 Revenue Code of 1986.

12 ‘‘(2) The term ‘nonappropriated fund instru13 mentality employee’ has the meaning given that

14 term in section 1587(a)(1) of this title.’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by inserting before the item relating

17 to section 1581 the following:

‘‘1580. Emergency essential employees: designation.’’.

18 SEC. 1104. LEAVE WITHOUT LOSS OF BENEFITS FOR MILI19 TARY RESERVE TECHNICIANS ON ACTIVE

20 DUTY IN SUPPORT OF COMBAT OPERATIONS.

21 (a) ELIMINATION OF RESTRICTION TO SITUATIONS

22 INVOLVING NONCOMBAT OPERATIONS.—Section

23 6323(d)(1) of title 5, United States Code, is amended by

24 striking ‘‘noncombat’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply with respect to days of

4 leave under section 6323(d)(1) of title 5, United States

5 Code, on or after that date.

6 SEC. 1105. WORK SCHEDULES AND PREMIUM PAY OF

7 SERVICE ACADEMY FACULTY.

8 (a) UNITED STATES MILITARY ACADEMY.—Section

9 4338 of title 10, United States Code, is amended by add10 ing at the end the following new subsection (c):

11 ‘‘(c) The Secretary of the Army may, notwithstanding

12 the provisions of subchapter V of chapter 55 of title 5

13 or section 6101 of such title, prescribe for persons em14 ployed under this section the following:

15 ‘‘(1) The work schedule, including hours of

16 work and tours of duty, set forth with such speci17 ficity and other characteristics as the Secretary de18 termines appropriate.

19 ‘‘(2) Any premium pay or compensatory time

20 off for hours of work or tours of duty in excess of

21 the regularly scheduled hours or tours of duty.’’.

22 (b) UNITED STATES NAVAL ACADEMY.—Section

23 6952 of title 10, United States Code, is amended by—

24 (1) redesignating subsection (c) as subsection

25 (d); and
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1 (2) inserting after subsection (b) the following

2 new subsection (c):

3 ‘‘(c) The Secretary of the Navy may, notwithstanding

4 the provisions of subchapter V of chapter 55 of title 5

5 or section 6101 of such title, prescribe for persons em6 ployed under this section the following:

7 ‘‘(1) The work schedule, including hours of

8 work and tours of duty, set forth with such speci9 ficity and other characteristics as the Secretary de10 termines appropriate.

11 ‘‘(2) Any premium pay or compensatory time

12 off for hours of work or tours of duty in excess of

13 the regularly scheduled hours or tours of duty.’’.

14 (c) UNITED STATES AIR FORCE ACADEMY.—Section

15 9338 of title 10, United States Code, is amended by add16 ing at the end the following new subsection (c):

17 ‘‘(c) The Secretary of the Air Force may, notwith18 standing the provisions of subchapter V of chapter 55 of

19 title 5 or section 6101 of such title, prescribe for persons

20 employed under this section the following:

21 ‘‘(1) The work schedule, including hours of

22 work and tours of duty, set forth with such speci23 ficity and other characteristics as the Secretary de24 termines appropriate.
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1 ‘‘(2) Any premium pay or compensatory time

2 off for hours of work or tours of duty in excess of

3 the regularly scheduled hours or tours of duty.’’.

4 SEC. 1106. SALARY SCHEDULES AND RELATED BENEFITS

5 FOR FACULTY AND STAFF OF THE UNI6 FORMED SERVICES UNIVERSITY OF THE

7 HEALTH SCIENCES.

8 Section 2113(f) of title 10, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(3) The limitations in sections 5307 and 5373 of

11 title 5 do not apply to the authority of the Secretary under

12 paragraph (1) to prescribe salary schedules and other re13 lated benefits.’’.

14 SEC. 1107. EXTENSION OF CERTAIN TEMPORARY AUTHORI15 TIES TO PROVIDE BENEFITS FOR EMPLOY16 EES IN CONNECTION WITH DEFENSE WORK17 FORCE REDUCTIONS AND RESTRUCTURING.

18 (a) LUMP-SUM PAYMENT OF SEVERANCE PAY.—Sec19 tion 5595(i)(4) of title 5, United States Code, is amended

20 by striking ‘‘the date of the enactment of the National

21 Defense Authorization Act for Fiscal Year 1996 and be22 fore October 1, 1999’’ and inserting ‘‘February 10, 1996,

23 and before October 1, 2003’’.
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1 (b) VOLUNTARY SEPARATION INCENTIVE.—Section

2 5597(e) of such title is amended by striking ‘‘September

3 30, 2001’’ and inserting ‘‘September 30, 2003’’.

4 (c) CONTINUATION OF FEHBP ELIGIBILITY.—Sec5 tion 8905a(d)(4)(B) of such title is amended by striking

6 clauses (i) and (ii) and inserting the following:

7 ‘‘(i) October 1, 2003; or

8 ‘‘(ii) February 1, 2004, if specific notice of such

9 separation was given to such individual before Octo10 ber 1, 2003.’’.

11 TITLE XII—NATIONAL MILITARY

12 MUSEUM AND RELATED MAT13 TERS

14 Subtitle A—Commission on

15 National Military Museum

16 SEC. 1201. ESTABLISHMENT.

17 (a) ESTABLISHMENT.—There is hereby established a

18 commission known as the ‘‘Commission on the National

19 Military Museum’’ (in this subtitle referred to as the

20 ‘‘Commission’’).

21 (b) COMPOSITION.—(1) The Commission shall be

22 composed of 10 individuals appointed from among individ23 uals who have an expertise in military or museum matters,

24 of whom—

25 (A) six shall be appointed by the President;
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1 (B) one shall be appointed by the Chairman of

2 the Committee on Armed Services of the Senate;

3 (C) one shall be appointed by the Ranking

4 Member of the Committee on Armed Services of the

5 Senate;

6 (D) one shall be appointed by the Chairman of

7 the Committee on Armed Services of the House of

8 Representatives; and

9 (E) one shall be appointed by the Ranking

10 Member of the Committee on Armed Services of the

11 House of Representatives.

12 (2) The following shall be ex officio members of the

13 Commission:

14 (A) The Secretary of Defense.

15 (B) The Secretary of the Army.

16 (C) The Secretary of the Navy.

17 (D) The Secretary of the Air Force.

18 (E) The Commandant of the Marine Corps.

19 (F) The Commandant of the Coast Guard.

20 (G) The Secretary of the Smithsonian Institu21 tion.

22 (H) The Chairman of the National Capital

23 Planning Commission.

24 (I) The Chairperson of the Commission of Fine

25 Arts.
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1 (c) ORIGINAL CHAIRPERSON.—The President shall

2 designate one of the individuals first appointed to the

3 Commission under subsection (b)(1) as the chairperson of

4 the Commission.

5 (d) PERIOD OF APPOINTMENT; VACANCIES.—Mem6 bers shall be appointed for the life of the Commission. Any

7 vacancy in the Commission shall be filled in the same man8 ner as the original appointment.

9 (e) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

10 appointments to the Commission shall be made not later

11 than 90 days after the date of the enactment of this Act.

12 (2) The Commission shall convene its first meeting

13 not later than 60 days after the date as of which all mem14 bers of the Commission have been appointed, but not ear15 lier than October 15, 1999.

16 SEC. 1202. DUTIES OF COMMISSION.

17 (a) IN GENERAL.—The Commission shall conduct a

18 study in order to make recommendations to Congress re19 garding an authorization for the construction of a national

20 military museum in the National Capital Area.

21 (b) STUDY ELEMENTS.—In conducting the study, the

22 Commission shall—

23 (1) determine whether existing military muse24 ums, historic sites, and memorials in the United

25 States are adequate—
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1 (A) to provide in a cost-effective manner

2 for display of, and interaction with, adequately

3 visited and adequately preserved artifacts and

4 representations of the Armed Forces and of the

5 wars in which the United States has been en6 gaged;

7 (B) to honor the service to the United

8 States of the active and reserve members of the

9 Armed Forces and the veterans of the United

10 States;

11 (C) to educate current and future genera12 tions regarding the Armed Forces and the sac13 rifices of members of the Armed Forces and the

14 Nation in furtherance of the defense of free15 dom; and

16 (D) to foster public pride in the achieve17 ments and activities of the Armed Forces;

18 (2) determine whether adequate inventories of

19 artifacts and representations of the Armed Forces

20 and of the wars in which the United States has been

21 engaged are available, either in current inventories

22 or in private or public collections, for loan or other

23 provision to a national military museum; and

24 (3) develop preliminary proposals for—
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1 (A) the dimensions and design of a na2 tional military museum in the National Capital

3 Area;

4 (B) the location of the museum in that

5 Area; and

6 (C) the approximate cost of the final de7 sign and construction of the museum and of the

8 costs of operating the museum.

9 (c) ADDITIONAL DUTIES.—If the Commission deter10 mines to recommend that Congress authorize the con11 struction of a national military museum in the National

12 Capital Area, the Commission shall also—

13 (1) recommend one or more sites for the mu14 seum;

15 (2) propose a schedule for construction of the

16 museum;

17 (3) assess the potential effects of the museum

18 on the environment, facilities, and roadways in the

19 vicinity of the site or sites where the museum is pro20 posed to be located;

21 (4) recommend the percentages of funding for

22 the museum to be provided by the Federal Govern23 ment, State and local governments, and private

24 sources, respectively;
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1 (5) assess the potential for fundraising for the

2 museum during the 20-year period following the au3 thorization of construction of the museum; and

4 (6) assess and recommend various governing

5 structures for the museum, including a governing

6 structure that places the museum within the Smith7 sonian Institution.

8 SEC. 1203. REPORT.

9 The Commission shall, not later than 12 months after

10 the date of its first meeting, submit to Congress a report

11 on its findings and conclusions under this subtitle, includ12 ing any recommendations under section 1202.

13 SEC. 1204. POWERS.

14 (a) HEARINGS.—The Commission or, at its direction,

15 any panel or member of the Commission, may, for the pur16 pose of carrying out the provisions of this subtitle, hold

17 hearings, sit and act at times and places, take testimony,

18 receive evidence, and administer oaths to the extent that

19 the Commission or any panel or member considers advis20 able.

21 (b) INFORMATION.—The Commission may secure di22 rectly from the Department of Defense and any other Fed23 eral department or agency information that the Commis24 sion considers necessary to enable the Commission to

25 carry out its responsibilities under this subtitle.
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1 SEC. 1205. COMMISSION PROCEDURES.

2 (a) MEETINGS.—The Commission shall meet at the

3 call of the Chairman.

4 (b) QUORUM.—(1) Five members of the Commission

5 shall constitute a quorum other than for the purpose of

6 holding hearings.

7 (2) The Commission shall act by resolution agreed

8 to by a majority of the members of the Commission.

9 (c) COMMISSION.—The Commission may establish

10 panels composed of less than full membership of the Com11 mission for the purpose of carrying out the Commission’s

12 duties. The actions of each such panel shall be subject to

13 the review and control of the Commission. Any findings

14 and determinations made by such a panel shall not be con15 sidered the findings and determinations of the Commis16 sion unless approved by the Commission.

17 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM18 MISSION.—Any member or agent of the Commission may,

19 if authorized by the Commission, take any action which

20 the Commission is authorized to take under this subtitle.

21 SEC. 1206. PERSONNEL MATTERS.

22 (a) PAY OF MEMBERS.—Members of the Commission

23 shall serve without pay by reason of their work on the

24 Commission.

25 (b) TRAVEL EXPENSES.—The members of the Com26 mission shall be allowed travel expenses, including per
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1 diem in lieu of subsistence, at rates authorized for employ2 ees of agencies under subchapter I of chapter 57 of title

3 5, United States Code, while away from their homes or

4 regular places of business in the performance of services

5 for the Commission.

6 (c) STAFF.—(1) The chairman of the Commission

7 may, without regard to the provisions of title 5, United

8 States Code, governing appointments in the competitive

9 service, appoint a staff director and such additional per10 sonnel as may be necessary to enable the Commission to

11 perform its duties. The appointment of a staff director

12 shall be subject to the approval of the Commission.

13 (2) The chairman of the Commission may fix the pay

14 of the staff director and other personnel without regard

15 to the provisions of chapter 51 and subchapter III of chap16 ter 53 of title 5, United States Code, relating to classifica17 tion of positions and General Schedule pay rates, except

18 that the rate of pay fixed under this paragraph for the

19 staff director may not exceed the rate payable for level

20 V of the Executive Schedule under section 5316 of such

21 title and the rate of pay for other personnel may not ex22 ceed the maximum rate payable for grade GS–15 of the

23 General Schedule.

24 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

25 request of the chairman of the Commission, the head of
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1 any Federal department or agency may detail, on a non2 reimbursable basis, any personnel of that department or

3 agency to the Commission to assist it in carrying out its

4 duties.

5 (e) PROCUREMENT OF TEMPORARY AND INTERMIT6 TENT SERVICES.—The chairman of the Commission may

7 procure temporary and intermittent services under section

8 3109(b) of title 5, United States Code, at rates for individ9 uals which do not exceed the daily equivalent of the annual

10 rate of basic pay payable for level V of the Executive

11 Schedule under section 5316 of such title.

12 SEC. 1207. MISCELLANEOUS ADMINISTRATIVE PROVI13 SIONS.

14 (a) POSTAL AND PRINTING SERVICES.—The Com15 mission may use the United States mails and obtain print16 ing and binding services in the same manner and under

17 the same conditions as other departments and agencies of

18 the Federal Government.

19 (b) MISCELLANEOUS ADMINISTRATIVE AND SUP20 PORT SERVICES.—The Secretary of Defense shall furnish

21 the Commission, on a reimbursable basis, any administra22 tive and support services requested by the Commission.

23 SEC. 1208. FUNDING.

24 (a) IN GENERAL.—Funds for activities of the Com25 mission shall be provided from amounts appropriated for
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1 the Department of Defense for operation and maintenance

2 for Defense-wide activities for fiscal year 2000.

3 (b) REQUEST.—Upon receipt of a written certifi4 cation from the Chairman of the Commission specifying

5 the funds required for the activities of the Commission,

6 the Secretary of Defense shall promptly disburse to the

7 Commission, from such amounts, the funds required by

8 the Commission as stated in such certification.

9 (c) AVAILABILITY OF CERTAIN FUNDS.—Of the

10 funds available for activities of the Commission under this

11 section, $2,000,000 shall be available for the activities, if

12 any, of the Commission under section 1202(c).

13 SEC. 1209. TERMINATION OF COMMISSION.

14 The Commission shall terminate 60 days after the

15 date of the submission of its report under section 1203.

16 Subtitle B—Related Matters

17 SEC. 1211. FUTURE USE OF NAVY ANNEX PROPERTY, AR18 LINGTON, VIRGINIA.

19 (a) LIMITATION ON FUTURE USE.—No transfer of

20 any real property of the Navy Annex property, or other

21 use of that property not authorized as of the date of the

22 enactment of this Act, may be carried out until 2 years

23 after the later of—

24 (1) the date of the submittal of the study on

25 the expansion of Arlington Cemetery required by the
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1 Joint Explanatory Statement of the Committee of

2 Conference to accompany the Thurmond National

3 Defense Authorization Act for Fiscal Year 1999

4 (Public Law 105–261); or

5 (2) the date of the submittal of the report of

6 the Commission on the National Military Museum

7 under section 1203.

8 (b) NAVY ANNEX PROPERTY DESCRIBED.—For pur9 poses of subsection (a), the Navy Annex property is the

10 parcels of real property under the jurisdiction of the Fed11 eral Government located in Arlington, Virginia, as follows:

12 (1) A parcel bounded by Columbia Pike to the

13 south and east, the rear property line of the residen14 tial properties fronting Oak Street to the west, and

15 the southern limit of Southgate Road to the north.

16 (2) A parcel bounded by Shirley Memorial Bou17 levard (Interstate Route 395) to the south, the east18 ern edge of the Department of Transportation of the

19 Commonwealth of Virginia to the west, Columbia

20 Pike to the north, and the access road to Shirley

21 Memorial Boulevard immediately east of Joyce

22 Street to the east.
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1 TITLE XIII—MILITARY VOTING

2 RIGHTS ACT OF 1999

3 SEC. 1301. SHORT TITLE.

4 This title may be cited as the ‘‘Military Voting Rights

5 Act of 1999’’.

6 SEC. 1302. GUARANTEE OF RESIDENCY.

7 Article VII of the Soldiers’ and Sailors’ Civil Relief

8 Act of 1940 (50 U.S.C. 700 et seq.) is amended by adding

9 at the end the following:

10 ‘‘SEC. 704. (a) For purposes of voting for an office

11 of the United States or of a State, a person who is absent

12 from a State in compliance with military or naval orders

13 shall not, solely by reason of that absence—

14 ‘‘(1) be deemed to have lost a residence or

15 domicile in that State;

16 ‘‘(2) be deemed to have acquired a residence or

17 domicile in any other State; or

18 ‘‘(3) be deemed to have become resident in or

19 a resident of any other State.

20 ‘‘(b) In this section, the term ‘State’ includes a terri21 tory or possession of the United States, a political subdivi22 sion of a State, territory, or possession, and the District

23 of Columbia.’’.
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1 SEC. 1303. STATE RESPONSIBILITY TO GUARANTEE MILI2 TARY VOTING RIGHTS.

3 (a) REGISTRATION AND BALLOTING.—Section 102 of

4 the Uniformed and Overseas Absentee Voting Act (42

5 U.S.C. 1973ff–1) is amended—

6 (1) by inserting ‘‘(a) ELECTIONS FOR FEDERAL

7 OFFICES.—’’ before ‘‘Each State shall—’’; and

8 (2) by adding at the end the following:

9 ‘‘(b) ELECTIONS FOR STATE AND LOCAL OFFICES.—

10 Each State shall—

11 ‘‘(1) permit absent uniformed services voters to

12 use absentee registration procedures and to vote by

13 absentee ballot in general, special, primary, and run14 off elections for State and local offices; and

15 ‘‘(2) accept and process, with respect to any

16 election described in paragraph (1), any otherwise

17 valid voter registration application from an absent

18 uniformed services voter if the application is received

19 by the appropriate State election official not less

20 than 30 days before the election.’’.
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1 (b) CONFORMING AMENDMENT.—The heading for

2 title I of such Act is amended by striking out ‘‘FOR

3 FEDERAL OFFICE’’.

Passed the Senate May 27, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 1060

AN ACT

To authorize appropriations for fiscal year 2000 for

poses.year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscalmilitary activities of the Department of Defense,
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