Calendar No. 114

106TH CONGRESS

1ST SESSION S. 1059

[Report No. 106–50]

A BILL

To authorize appropriations for fiscal year 2000 for

Armed Forces, and for other purposes.personnel strengths for such fiscal year for theties of the Department of Energy, to prescribefor military construction, and for defense activimilitary activities of the Department of Defense,

MAY 17 (legislative day, MAY 14), 1999

Read twice and placed on the calendar
II

Calendar No. 114

106TH CONGRESS

1ST SESSION S. 1059

[Report No. 106–50]

To authorize appropriations for fiscal year 2000 for military activities of

the Department of Defense, for military construction, and for defense

activities of the Department of Energy, to prescribe personnel strengths

for such fiscal year for the Armed Forces, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day MAY 14), 1999

Mr. WARNER, from the Committee on Armed Services, reported the following

original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 2000 for military

activities of the Department of Defense, for military

construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for

such fiscal year for the Armed Forces, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1059 PCS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2000’’.

4 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

5 CONTENTS.

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows:

8 (1) Division A—Department of Defense Au9 thorizations.

10 (2) Division B—Military Construction Author11 izations.

12 (3) Division C—Department of Energy Na13 tional Security Authorizations and Other Authoriza14 tions.

15 (b) TABLE OF CONTENTS.—The table of contents for

16 this Act is as follows:

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical demilitarization program.

Sec. 107. Defense health programs.

Subtitle B—Army Programs

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

Sec. 112. Close combat tactical trainer program.

Sec. 113. Army aviation modernization.
3

•S 1059 PCS

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.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. NATO common-funded civil budget.

Sec. 212. Micro-satellite technology development program.

Sec. 213. Space control technology.

Sec. 214. Space maneuver vehicle.

Sec. 215. Manufacturing technology program.

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.

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.
4

•S 1059 PCS

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.

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.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 311. NATO common-funded military budget.

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

demining training and related assistance as humanitarian assistance.

Sec. 313. National Defense Features Program.

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.

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.
5

•S 1059 PCS

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.

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.
6

•S 1059 PCS

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

lieutenant commanders who twice fail of selection for promotion.

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

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

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

financial assistance program.

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

consideration for promotion.

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

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

reserve officers in highest grade held.

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

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.

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.
7

•S 1059 PCS

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.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

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

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

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

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

unknown).

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

Subtitle B—Bonuses and Special and Incentive Pays

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

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

reserve forces.

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

nurse officer candidates, registered nurses, and nurse anesthetists.

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

Sec. 615. Aviation career officer special pay.

Sec. 616. Career enlisted flyer incentive pay.

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

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

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

Forces and Public Health Service.

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

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

active members.

Sec. 622. Critical skills enlistment bonus.

Sec. 623. Selected Reserve enlistment bonus.

Sec. 624. Special pay for members of the Coast Guard Reserve assigned to high

priority units of the Selected Reserve.

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

eligibility for enlistment bonus.

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

attaining a critical skill.

Sec. 627. Increase in special pay and bonuses for nuclear-qualified officers.
8

•S 1059 PCS

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

proficiency 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. Applicability of dual compensation limitation to reserve officers retired after 20 years of active service.

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.

Subtitle E—Other Matters

Sec. 671. Annual report on effects of initiatives on recruitment and retention.

Sec. 672. Members under burdensome PERSTEMPO.

Sec. 673. Increased tuition assistance for members of the Armed Forces deployed in support of a contingency operation or similar operation.

Sec. 674. Administration of Selected Reserve education loan repayment program for Coast Guard Reserve.

Sec. 675. Extension to all uniformed services of authority for presentation of

United States flag to members upon retirement.

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.
9

•S 1059 PCS

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

program.

Sec. 704. TRICARE beneficiary advocates.

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.

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. Applicability of competition requirements to purchases from a required source.

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.
10

•S 1059 PCS

Sec. 918. Funding.

Sec. 919. Termination of the commission.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Second biennial financial management improvement plan.

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

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

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

charts, and navigational books.

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

machines on naval vessels for financial transactions.

Sec. 1007. Central transfer account for combating terrorism.

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

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.

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.

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.
11

•S 1059 PCS

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.

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.

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.
12

•S 1059 PCS

Sec. 1207. Miscellaneous administrative provisions.

Sec. 1208. Funding.

Sec. 1209. Termination of the commission.

Subtitle B—Related Matters

Sec. 1211. Future use of Navy Annex property, Arlington, Virginia.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Technical modification of authority relating to certain fiscal year

1997 project.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Improvements to military family housing units.

Sec. 2403. Military family housing improvement program.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Modification of authority to carry out certain fiscal year 1997

project.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS
13

•S 1059 PCS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1997 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1996 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Program Changes

Sec. 2801. Exemption from notice and wait requirements of military construction projects supported by burdensharing funds undertaken for

war or national emergency.

Sec. 2802. Prohibition on carrying out military construction projects funded

using incremental funding.

Sec. 2803. Defense Chemical Demilitarization Construction Account.

Sec. 2804. Limitation on authority regarding ancillary supporting facilities

under alternative authority for acquisition and construction of

military housing.

Sec. 2805. Availability of funds for planning and design in connection with acquisition of reserve component facilities.

Sec. 2806. Modification of limitations on reserve component facility projects for

certain safety projects.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Extension of authority for leases of property for special operations

activities.

Sec. 2812. Enhancement of authority relating to utility privatization.

Subtitle C—Defense Base Closure and Realignment

Sec. 2821. Conveyance of property at installations closed or realigned under the

base closure laws without consideration for economic redevelopment purposes.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2831. Land conveyance, Army Reserve Center, Bangor, Maine.

PART II—NAVY CONVEYANCES

Sec. 2841. Clarification of land exchange, Naval Reserve Readiness Center,

Portland, Maine.

Sec. 2842. Land conveyance, Newport, Rhode Island.

Sec. 2843. Land conveyance, Naval Weapons Industrial Reserve Plant

No. 387, Dallas, Texas.

PART III—AIR FORCE CONVEYANCES

Sec. 2851. Land conveyance, McClellan Nuclear Radiation Center, California.

Sec. 2852. Land conveyance, Newington Defense Fuel Supply Point, New

Hampshire.

Subtitle E—Other Matters
14

•S 1059 PCS

Sec. 2861. Acquisition of State-held inholdings, East Range of Fort Huachuca,

Arizona.

Sec. 2862. Development of Ford Island, Hawaii.

TITLE XXIX—RENEWAL OF MILITARY LAND

WITHDRAWALS

Sec. 2901. Short title.

Sec. 2902. Withdrawals.

Sec. 2903. Maps and legal descriptions.

Sec. 2904. Management of withdrawn lands.

Sec. 2905. Special wildlife rules on Barry M. Goldwater Range.

Sec. 2906. Establishment of national park in Barry M. Goldwater Range.

Sec. 2907. Land management analysis.

Sec. 2908. Ongoing environmental restoration.

Sec. 2909. Relinquishment.

Sec. 2910. Delegability.

Sec. 2911. Water rights.

Sec. 2912. Hunting, fishing, and trapping.

Sec. 2913. Mining and mineral leasing.

Sec. 2914. Immunity of United States.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Defense environmental management privatization.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. Availability of funds.

Sec. 3129. Transfers of defense environmental management funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Prohibition on use of funds for certain activities under Formerly

Utilized Site Remedial Action Program.

Sec. 3132. Continuation of processing, treatment, and disposition of legacy nuclear materials.
15

•S 1059 PCS

Sec. 3133. Nuclear weapons stockpile life extension program.

Sec. 3134. Tritium production.

Sec. 3135. Independent cost estimate of Accelerator Production of Tritium.

Sec. 3136. Nonproliferation initiatives and activities.

Subtitle D—Safeguards, Security, and Counterintelligence at

Department of Energy Facilities

Sec. 3151. Short title.

Sec. 3152. Commission on Safeguards, Security, and Counterintelligence at Department of Energy Facilities.

Sec. 3153. Background investigations of certain personnel at Department of

Energy facilities.

Sec. 3154. Plan for polygraph examinations of certain personnel at Department

of Energy facilities.

Sec. 3155. Civil monetary penalties for violations of Department of Energy regulations relating to the safeguarding and security of Restricted

Data.

Sec. 3156. Moratorium on laboratory-to-laboratory and foreign visitors and assignments programs.

Sec. 3157. Increased penalties for misuse of Restricted Data.

Sec. 3158. Organization of Department of Energy counterintelligence and intelligence programs and activities.

Sec. 3159. Counterintelligence activities at certain Department of Energy facilities.

Sec. 3160. Whistleblower protection.

Sec. 3161. Investigation and remediation of alleged reprisals for disclosure of

certain information to Congress.

Sec. 3162. Notification to Congress of certain security and counterintelligence

failures at Department of Energy facilities.

Sec. 3163. Definition.

Subtitle E—Other Matters

Sec. 3171. Maintenance of nuclear weapons expertise in the Department of Defense and Department of Energy.

Sec. 3172. Modification of budget and planning requirements for Department

of Energy national security activities.

Sec. 3173. Extension of authority of Department of Energy to pay voluntary

separation incentive payments.

Sec. 3174. Integrated fissile materials management plan.

Sec. 3175. Authority of Department of Energy to accept loans from contractors

for closure projects at Department of Energy defense facilities.

Sec. 3176. Pilot program for project management oversight regarding Department of Energy construction projects.

Sec. 3177. Extension of review of Waste Isolation Pilot Plant, New Mexico.

Sec. 3178. Proposed schedule for shipments of waste from the Rocky Flats

Plant, Colorado, to the Waste Isolation Pilot Project, New

Mexico.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Defense Nuclear Facilities Safety Board.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
16

•S 1059 PCS

Sec. 3301. Authorized uses of stockpile funds.

Sec. 3302. Limitations on previous authority for disposal of stockpile materials.

TITLE XXXIV—PANAMA CANAL COMMISSION

Sec. 3401. Short title.

Sec. 3402. Authorization of expenditures.

Sec. 3403. Purchase of vehicles.

Sec. 3404. Expenditures only in accordance with treaties.

Sec. 3405. Office of Transition Administration.

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 National Security and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 DIVISION A—DEPARTMENT OF

10 DEFENSE AUTHORIZATIONS

11 TITLE I—PROCUREMENT

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 101. ARMY.

15 Funds are hereby authorized to be appropriated for

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

17 (1) For aircraft, $1,500,188,000.

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

19 (3) For weapons and tracked combat vehicles,

20 $1,678,865,000.

21 (4) For ammunition, $1,209,816,000.
17

•S 1059 PCS

1 (5) For other procurement, $3,669,070,000.

2 SEC. 102. NAVY AND MARINE CORPS.

3 (a) NAVY.—Funds are hereby authorized to be appro4 priated for fiscal year 2000 for procurement for the Navy

5 as follows:

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

7 (2) For weapons, including missiles and tor8 pedoes, $1,392,100,000.

9 (3) For shipbuilding and conversion,

10 $7,016,454,000.

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

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

13 be appropriated for fiscal year 2000 for procurement for

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

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

16 are hereby authorized to be appropriated for procurement

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

18 amount of $540,700,000.

19 SEC. 103. AIR FORCE.

20 Funds are hereby authorized to be appropriated for

21 fiscal year 2000 for procurement for the Air Force as fol22 lows:

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

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

25 (3) For ammunition, $411,837,000.
18

•S 1059 PCS

1 (4) For other procurement, $7,142,177,000.

2 SEC. 104. DEFENSE-WIDE ACTIVITIES.

3 Funds are hereby authorized to be appropriated for

4 fiscal year 2000 for Defense-wide procurement in the

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

6 SEC. 105. DEFENSE INSPECTOR GENERAL.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 2000 for procurement for the Inspector General

9 of the Department of Defense in the amount of

10 $2,100,000.

11 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

12 There is hereby authorized to be appropriated for fis13 cal year 2000 the amount of $1,169,000,000 for—

14 (1) the destruction of lethal chemical agents

15 and munitions in accordance with section 1412 of

16 the Department of Defense Authorization Act, 1986

17 (50 U.S.C. 1521); and

18 (2) the destruction of chemical warfare material

19 of the United States that is not covered by section

20 1412 of such Act.

21 SEC. 107. DEFENSE HEALTH PROGRAMS.

22 Funds are hereby authorized to be appropriated for

23 fiscal year 2000 for the Department of Defense for pro24 curement for carrying out health care programs, projects,
19

•S 1059 PCS

1 and activities of the Department of Defense in the total

2 amount of $356,970,000.

3 Subtitle B—Army Programs

4 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

5 CERTAIN ARMY PROGRAMS.

6 Beginning with the fiscal year 2000 program year,

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

8 2306b of title 10, United States Code, enter into multiyear

9 contracts for procurement of the following:

10 (1) The M270A1 launcher.

11 (2) The Family of Medium Tactical Vehicles,

12 except that the period of a multiyear contract may

13 not exceed three years.

14 (3) The Command Launch Unit for the Javelin

15 Advanced Anti-tank Weapon System-Medium.

16 (4) The missile for the Javelin Advanced Anti17 tank Weapon System-Medium, except that the pe18 riod of a multiyear contract may not exceed four

19 years.

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

21 (6) The Wolverine heavy assault bridge.

22 (7) The system enhancement program for the

23 M1A2 Abrams tank assembly.

24 (8) The Second Generation Forward Looking

25 Infrared system for the M1A2 Abrams tank.
20

•S 1059 PCS

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—
21

•S 1059 PCS

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-
22

•S 1059 PCS

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.
23

•S 1059 PCS

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
24

•S 1059 PCS

1 the plan required under subsection (a) to the congressional

2 defense committees.

3 Subtitle C—Navy Programs

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

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

6 Navy is authorized to procure the amphibious dock ship

7 to be designated LHD–8, subject to the availability of ap8 propriations for that purpose.

9 (b) AMOUNT AUTHORIZED.—Of the amount author10 ized to be appropriated under section 102(a)(3) for fiscal

11 year 2000, $375,000,000 is available for the advance pro12 curement and advance construction of components for the

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

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

15 shipbuilder and other entities for the advance procurement

16 and advance construction of those components.

17 SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

18 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT

19 OF 6 ADDITIONAL VESSELS.—(1) Subsection (b) of sec20 tion 122 of the National Defense Authorization Act for

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

22 is amended in the first sentence—

23 (A) by striking ‘‘12 Arleigh Burke class de24 stroyers’’ and inserting ‘‘18 Arleigh Burke class de25 stroyers’’; and
25

•S 1059 PCS

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

2 ‘‘2001, 2002, and 2003’’.

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

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

5 (b) FISCAL YEAR 2001 ADVANCE PROCUREMENT.—

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

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

8 contracts for advance procurement for the Arleigh Burke

9 class destroyers that are to be constructed under contracts

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

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

12 (2) The authority to contract for advance procure13 ment under paragraph (1) is subject to the availability of

14 funds authorized and appropriated for fiscal year 2001 for

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

16 (3) The aggregate amount of the contracts entered

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

18 SEC. 123. REPEAL OF REQUIREMENT FOR ANNUAL RE19 PORT FROM SHIPBUILDERS UNDER CERTAIN

20 NUCLEAR ATTACK SUBMARINE PROGRAMS.

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

22 National Defense Authorization Act for Fiscal Year 1997

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

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

25 such section is amended by striking ‘‘reports referred to
26

•S 1059 PCS

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

2 to in paragraph (4)’’.

3 SEC. 124. COOPERATIVE ENGAGEMENT CAPABILITY PRO4 GRAM.

5 (a) LIMITATION.—Cooperative engagement equip6 ment procured under the Cooperative Engagement Capa7 bility program of the Navy may not be installed into a

8 commissioned vessel until the completion of operational

9 test and evaluation of the shipboard cooperative engage10 ment capability.

11 (b) CONSTRUCTION.—Subsection (a) shall not be con12 strued to limit the installation of cooperative engagement

13 equipment in new construction ships.

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

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

16 2000 program year, the Secretary of the Navy may, in

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

18 Code, enter into a multiyear procurement contract for the

19 procurement of F/A–18E/F aircraft.

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

21 the authority under subsection (a) until the Secretary of

22 Defense certifies to the Committees on Armed Services of

23 the Senate and House of Representatives that the F/A–

24 18E/F aircraft has successfully completed initial oper25 ational test and evaluation.
27

•S 1059 PCS

1 Subtitle D—Air Force Programs

2 SEC. 131. F–22 AIRCRAFT PROGRAM.

3 Before awarding the contract for low-rate initial pro4 duction under the F–22 aircraft program, the Secretary

5 of Defense shall certify to the congressional defense com6 mittees that—

7 (1) the test plan in the engineering and manu8 facturing development program is adequate for de9 termining the operational effectiveness and suit10 ability of the F–22 aircraft; and

11 (2) the engineering and manufacturing develop12 ment program and the production program can each

13 be executed within the limitation on total cost appli14 cable to that program under subsection (a) or (b),

15 respectively, of section 217 of the National Defense

16 Authorization Act for Fiscal Year 1998 (Public Law

17 105–85; 111 Stat. 1660).

18 Subtitle E—Other Matters

19 SEC. 141. EXTENSION OF AUTHORITY TO CARRY OUT AR20 MAMENT RETOOLING AND MANUFACTURING

21 SUPPORT INITIATIVE.

22 Section 193(a) of the Armament Retooling and Man23 ufacturing Support Act of 1992 (subtitle H of title I of

24 Public Law 102–484; 10 U.S.C. 2501 note) is amended
28

•S 1059 PCS

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

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

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

4 MANUFACTURED ARTICLES AND SERVICES

5 OF CERTAIN ARMY INDUSTRIAL FACILITIES

6 WITHOUT REGARD TO AVAILABILITY FROM

7 DOMESTIC SOURCES.

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

9 National Defense Authorization Act for Fiscal Year 1998

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

11 note) is amended—

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

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

14 years 1998 through 2001’’; and

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

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

17 year covered by the pilot program’’.

18 (b) EXTENSION OF DEADLINE FOR INSPECTOR GEN19 ERAL REPORT.—Subsection (c) of such section is amend20 ed by striking ‘‘July 1, 1999’’ and inserting ‘‘July 1,

21 2000’’.
29

•S 1059 PCS

1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for

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

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

10 (1) For the Army, $4,671,194,000.

11 (2) For the Navy, $8,201,116,000.

12 (3) For the Air Force, $13,567,308,000.

13 (4) For Defense-wide activities,

14 $9,400,081,000, of which—

15 (A) $253,457,000 is authorized for the ac16 tivities of the Director, Test and Evaluation;

17 and

18 (B) $24,434,000 is authorized for the Di19 rector of Operational Test and Evaluation.

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

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

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

23 be available for basic research and applied research

24 projects.
30

•S 1059 PCS

1 (b) BASIC RESEARCH AND APPLIED RESEARCH DE2 FINED.—For purposes of this section, the term ‘‘basic re3 search and applied research’’ means work funded in pro4 gram elements for defense research and development

5 under Department of Defense category 6.1 or 6.2.

6 Subtitle B—Program Require7 ments, Restrictions, and Limita8 tions

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

10 Of the amount authorized to be appropriated by sec11 tion 201(1), $750,000 shall be available for contributions

12 for the common-funded Civil Budget of NATO.

13 SEC. 212. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT

14 PROGRAM.

15 (a) FUNDING.—Of the funds authorized to be appro16 priated under section 201(3), $25,000,000 is available for

17 continued implementation of the micro-satellite technology

18 program established pursuant to section 215 of the Na19 tional Defense Authorization Act for Fiscal Year 1998

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

21 (b) MICRO-SATELLITE TECHNOLOGY DEVELOPMENT

22 PLAN.—The Secretary of Defense shall develop a micro23 satellite technology development plan to guide technology

24 investment decisions and prioritize technology demonstra25 tion activities.
31

•S 1059 PCS

1 (c) REPORT.—Not later than April 15, 1999, the Sec2 retary shall submit to the congressional defense commit3 tees a report regarding the plan developed under sub4 section (b).

5 SEC. 213. SPACE CONTROL TECHNOLOGY.

6 (a) FUNDS AVAILABLE FOR AIR FORCE EXECU7 TION.—Of the funds authorized to be appropriated under

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

9 control technology development pursuant to the Depart10 ment of Defense Space Control Technology Plan of 1999.

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

12 the funds authorized to be appropriated under section

13 201(1), $41,000,000 shall be available for space control

14 technology development. Of the funds made available pur15 suant to the preceding sentence, the Commanding General

16 of the United States Army Space and Missile Defense

17 Command may utilize such amounts as are necessary for

18 any or all of the following activities:

19 (1) Continued development of the kinetic energy

20 anti-satellite technology program necessary to retain

21 an option of conducting a flight test within two

22 years of any decision to do so.

23 (2) Technology development associated with the

24 kinetic energy anti-satellite kill vehicle to tempo25 rarily disrupt satellite functions.
32

•S 1059 PCS

1 (3) Cooperative technology development with

2 the Air Force, pursuant to the Department of De3 fense Space Control Technology Plan of 1999.

4 SEC. 214. SPACE MANEUVER VEHICLE.

5 (a) FUNDING.—Of the funds authorized to be appro6 priated under section 201(3), $35,000,000 is available for

7 the space maneuver vehicle program.

8 (b) ACQUISITION OF SECOND FLIGHT TEST ARTI9 CLE.—The amount available for the space maneuver vehi10 cle program under subsection (a) may be used only to ac11 quire a second flight test article for the joint Air Force

12 and National Aeronautics and Space Administration X–

13 37 program in support of the Air Force Space Maneuver

14 Vehicle program.

15 SEC. 215. MANUFACTURING TECHNOLOGY PROGRAM.

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

17 ESSENTIAL REQUIREMENTS.—Subsection (b) of section

18 2525 of title 10, United States Code, is amended—

19 (1) by striking paragraph (4);

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

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

22 (3) by inserting after ‘‘program—’’ the fol23 lowing new paragraph (1):

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

25 for advanced manufacturing technologies on high-
33

•S 1059 PCS

1 risk projects for the development and application of

2 technologies for use to satisfy manufacturing re3 quirements essential to the national defense that in4 volve repair and remanufacturing in support of the

5 operations of systems commands, depots, air logis6 tics centers, and shipyards;’’.

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

8 amended—

9 (1) by redesignating paragraph (2) as para10 graph (4); and

11 (2) by inserting after paragraph (1) the fol12 lowing:

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

14 technology projects proposed to be carried out under the

15 program be selected principally on the basis of the extent

16 to which the projects satisfy the purpose set forth in sub17 section (b)(1), as determined by a panel established to re18 view the proposed projects and to make the selections.

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

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

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

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

23 certifying that funds available to the program office will

24 be used to pay the costs of implementing a manufacturing

25 technology developed and applied under the project to the
34

•S 1059 PCS

1 successful satisfaction of requirements described in sub2 section (b)(1).’’.

3 (c) CONSIDERATION OF COST-SHARING PRO4 POSALS.—Subsection (d) of such section is amended—

5 (1) by striking paragraphs (2) and (3);

6 (2) by striking ‘‘(A)’’ following ‘‘(d) COMPETI7 TION AND COST SHARING.—(1)’’; and

8 (3) by striking ‘‘(B) For each’’ and all that fol9 lows through ‘‘competitive procedures.’’ and insert10 ing the following: ‘‘(2) The competitive procedures

11 shall include among the factors to be considered in

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

13 cooperative agreement, or other transaction for a

14 project the extent to which the proposal provides for

15 the prospective recipient to share in defraying the

16 costs of the project.’’.

17 Subtitle C—Ballistic Missile

18 Defense

19 SEC. 221. THEATER MISSILE DEFENSE UPPER TIER ACQUI20 SITION STRATEGY.

21 (a) REVISED UPPER TIER STRATEGY.—The Sec22 retary of Defense shall establish an acquisition strategy

23 for the upper tier missile defense systems that—

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

25 systems in separate, independently managed pro-
35

•S 1059 PCS

1 gram elements throughout the future-years defense

2 program;

3 (2) bases funding decisions and program sched4 ules for each upper tier system on the performance

5 of each system independent of the performance of

6 the other system; and

7 (3) provides for accelerating the deployment of

8 both of the upper tier systems to the maximum ex9 tent practicable.

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

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

12 the following:

13 (1) The Navy Theater Wide system.

14 (2) The Theater High-Altitude Area Defense

15 system.

16 SEC. 222. REPEAL OF REQUIREMENT TO IMPLEMENT

17 TECHNICAL AND PRICE COMPETITION FOR

18 THEATER HIGH ALTITUDE AREA DEFENSE

19 SYSTEM.

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

21 National Defense Authorization Act for Fiscal Year 1999

22 (Public Law 105–261; 112 Stat. 1953) is repealed.
36

•S 1059 PCS

1 SEC. 223. SPACE-BASED LASER PROGRAM.

2 (a) STRUCTURE OF PROGRAM.—The Secretary of De3 fense shall structure the space-based laser program to

4 include—

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

6 and

7 (2) an ongoing activity for developing an objec8 tive system design, including developing, testing, and

9 operating a prototype system.

10 (b) INTEGRATED FLIGHT EXPERIMENT.—The Sec11 retary shall structure the integrated flight experiment to

12 provide for the following:

13 (1) Establishment of an objective to carry out

14 an early demonstration of the fundamental end-to15 end capability to detect, track, and destroy a boost16 ing ballistic missile with a lethal laser from space.

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

18 of technology that has been demonstrated in prin19 ciple or can be developed in the near-term with a low

20 degree of risk.

21 (3) A goal of launching the experiment by

22 2006.

23 (c) DEVELOPMENT OF OBJECTIVE SYSTEM DE24 SIGN.—In order to develop an objective system design

25 suited to the operational and technological environment

26 that will exist when such a system can be deployed, the
37

•S 1059 PCS

1 Secretary shall structure the space-based laser program

2 schedule to include the following:

3 (1) Robust research and development on ad4 vanced technologies in parallel with the development

5 of the integrated flight experiment.

6 (2) Architecture studies to assess alternative

7 space-based laser constellation and system perform8 ance characteristics.

9 (3) Planning for the development of a space10 based laser prototype that—

11 (A) utilizes the lessons learned from the

12 integrated flight experiment;

13 (B) is supported by ongoing architecture

14 and advanced technology research and develop15 ment efforts; and

16 (C) is scheduled to be launched approxi17 mately two years before the date by which the

18 objective space-based laser system configuration

19 is to be completed.

20 (d) SENSE OF CONGRESS.—It is the sense of Con21 gress that the structure required by this section for the

22 space-based laser program is consistent with the joint ven23 ture contracting approach and overall objective that the

24 Department of Defense has established for the space25 based laser program.
38

•S 1059 PCS

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

2 in consultation with the space-based laser joint venture

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

4 baseline to reflect the requirements of this section.

5 (f) FUNDS AVAILABLE FOR BALLISTIC MISSILE DE6 FENSE ORGANIZATION EXECUTION.—Of the amounts au7 thorized to be appropriated under section 201(4),

8 $75,000,000 shall be available for the space-based laser

9 program. Amounts made available under this subsection

10 may be transferred to the Air Force for execution in sup11 port of the space-based laser program.

12 (g) FUNDS AVAILABLE FOR AIR FORCE EXECU13 TION.—Of the amounts authorized to be appropriated

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

15 the space-based laser program.

16 SEC. 224. AIRBORNE LASER PROGRAM.

17 (a) MODIFICATION OF PROGRAM DEFINITION AND

18 RISK REDUCTION AIRCRAFT.—The Secretary of the Air

19 Force may not commence any modification of the program

20 definition and risk reduction aircraft for the Airborne

21 Laser program until the Secretary of Defense certifies to

22 Congress that he has determined that the commencement

23 of the aircraft modification according to the existing

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

25 analysis involving the following activities:
39

•S 1059 PCS

1 (1) The North Oscura Peak dynamic test pro2 gram.

3 (2) Scintillometry data collection and analysis.

4 (3) The lethality/vulnerability program.

5 (4) The countermeasures test and analysis ef6 fort.

7 (5) Reduction and analysis of other existing

8 data.

9 (b) AUTHORITY-TO-PROCEED-2.—Before the Author10 ity-to-Proceed-2 may be approved for the Airborne Laser

11 program, the Secretary of Defense shall—

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

13 has developed an appropriate plan for resolving the

14 technical challenges identified in the Airborne Laser

15 Program Assessment;

16 (2) approve the plan; and

17 (3) submit a report on the plan to the congres18 sional defense committees.

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

20 of Defense shall restructure the Airborne Laser program

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

22 to the making of a Milestone II decision approving entry

23 of the program into engineering and manufacturing

24 development—
40

•S 1059 PCS

1 (1) no modification of the engineering and man2 ufacturing development aircraft is begun;

3 (2) the program definition and risk reduction

4 aircraft is utilized in a robust series of flight tests

5 that validates the technical maturity of the Airborne

6 Laser program and provides sufficient information

7 regarding the performance of the system across the

8 full range of its validated operational requirements;

9 and

10 (3) sufficient technical information is available

11 to determine whether adequate progress is being

12 made in the ongoing effort to address the oper13 ational issues identified in the Airborne Laser Pro14 gram Assessment.

15 (d) AIRBORNE LASER PROGRAM ASSESSMENT DE16 FINED.—In this section, the term ‘‘Airborne Laser Pro17 gram Assessment’’ means the Assessment of Technical

18 and Operational Aspects of the Airborne Laser Program

19 that was submitted to Congress by the Secretary of De20 fense on March 9, 1999.
41

•S 1059 PCS

1 Subtitle D—Research and Develop2 ment for Long-Term Military

3 Capabilities

4 SEC. 231. ANNUAL REPORT ON EMERGING OPERATIONAL

5 CONCEPTS.

6 (a) EXTENSION OF REPORTING REQUIREMENT.—

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

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

9 201; 110 Stat. 2642; 10 U.S.C. 113 note) is amended by

10 striking ‘‘2000’’ and inserting ‘‘2002’’.

11 (b) IDENTIFICATION OF TECHNOLOGICAL OBJEC12 TIVES FOR RESEARCH AND DEVELOPMENT.—That sec13 tion is further amended by adding at the end the following

14 new subsection:

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

16 REPORTS AFTER 1999.—Each report under this section

17 after 1999 shall set forth the military capabilities that are

18 necessary for meeting national security requirements over

19 the next two to three decades, including—

20 ‘‘(1) the most significant strategic and oper21 ational capabilities (including both armed force-spe22 cific and joint capabilities) that are necessary for the

23 Armed Forces to prevail against the most dangerous

24 threats, including asymmetrical threats, that could

25 be posed to the national security interests of the
42

•S 1059 PCS

1 United States by potential adversaries from 2020 to

2 2030;

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

4 future military systems (including both armed force5 specific and joint systems) that will be needed to

6 meet each such threat; and

7 ‘‘(3) the most significant research and develop8 ment challenges that must be met, and the techno9 logical breakthroughs that must be made, to develop

10 and field such systems.’’.

11 SEC. 232. TECHNOLOGY AREA REVIEW AND ASSESSMENT.

12 Section 270(b) of the National Defense Authorization

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

14 2469; 10 U.S.C. 2501 note) is amended to read as follows:

15 ‘‘(b) TECHNOLOGY AREA REVIEW AND ASSESS16 MENT.—With the submission of the plan under subsection

17 (a) each year, the Secretary shall also submit to the com18 mittees referred to in that subsection a summary of each

19 technology area review and assessment conducted by the

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

21 SEC. 233. REPORT BY UNDER SECRETARY OF DEFENSE

22 FOR ACQUISITION AND TECHNOLOGY.

23 (a) REQUIREMENT.—The Under Secretary of De24 fense for Acquisition and Technology shall submit to the

25 congressional defense committees a report on the actions
43

•S 1059 PCS

1 that are necessary to promote the research base and tech2 nological development that will be needed for ensuring

3 that the Armed Forces have the military capabilities that

4 are necessary for meeting national security requirements

5 over the next two to three decades.

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

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

8 the Department of Defense to ensure that—

9 (1) the Department of Defense laboratories

10 place an appropriate emphasis on revolutionary

11 changes in military operations and the new tech12 nologies that will be necessary to support those oper13 ations;

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

15 national research base that includes organizations

16 attuned to the needs of the Department, the fos17 tering and creation of revolutionary technologies use18 ful to the Department, and the capability to identify

19 opportunities for new military capabilities in emerg20 ing scientific knowledge;

21 (3) the Department can identify, provide appro22 priate funding for, and ensure the coordinated devel23 opment of joint technologies that will serve the needs

24 of more than one of the Armed Forces;
44

•S 1059 PCS

1 (4) the Department can identify militarily rel2 evant technologies that are developed in the private

3 sector, rapidly incorporate those technologies into

4 defense systems, and effectively utilize technology

5 transfer processes;

6 (5) the Department can effectively and effi7 ciently manage the transition of new technologies

8 from the applied research and advanced techno9 logical development stage through the product devel10 opment stage in a manner that ensures that max11 imum advantage is obtained from advances in tech12 nology; and

13 (6) the Department’s educational institutions

14 for the officers of the uniformed services incorporate

15 into their officer education and training programs,

16 as appropriate, materials necessary to ensure that

17 the officers have the familiarity with the processes,

18 advances, and opportunities in technology develop19 ment that is necessary for making decisions that en20 sure the superiority of United States defense tech21 nology in the future.

22 SEC. 234. INCENTIVES TO PRODUCE INNOVATIVE NEW

23 TECHNOLOGIES.

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

25 Department of Defense profit guidelines established in
45

•S 1059 PCS

1 subpart 215.9 of the Department of Defense Supplement

2 to the Federal Acquisition Regulation shall be modified

3 to place increased emphasis on technical risk as a factor

4 for determining appropriate profit margins and otherwise

5 to provide an increased profit incentive for contractors to

6 develop and produce complex and innovative new tech7 nologies, rather than to produce mature technologies with

8 low technical risk.

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

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

11 Secretary of Defense publishes in the Federal Register

12 final regulations modifying the guidelines in accordance

13 with subsection (a).

14 SEC. 235. DARPA COMPETITIVE PRIZES AWARD PROGRAM

15 FOR ENCOURAGING DEVELOPMENT OF AD16 VANCED TECHNOLOGIES.

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

18 States Code, is amended by inserting after section 2374

19 the following:

20 ‘‘§ 2374a. Prizes for advanced technology

21 ‘‘(a) AUTHORITY.—The Director of the Defense Ad22 vanced Research Projects Agency may carry out a pro23 gram to award prizes in recognition of outstanding

24 achievements in basic, advanced, and applied research,

25 technology development, and prototype development that
46

•S 1059 PCS

1 have the potential for application to the performance of

2 the military missions of the Department of Defense.

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

4 shall use a competitive process for the selection of recipi5 ents of prizes under this section. The process shall include

6 the widely-advertised solicitation of submissions of re7 search results, technology developments, and prototypes.

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

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

10 plaque, or medal or other emblem.

11 ‘‘(d) LIMITATIONS.—(1) The total amount made

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

13 exceed $10,000,000.

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

15 of more than $1,000,000 in cash prizes without the ap16 proval of the Under Secretary of Defense for Acquisition

17 and Technology.

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

19 Director may exercise the authority under this section in

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

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

22 basic, advanced and applied research, technology develop23 ment, or prototype projects.

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

25 each fiscal year, the Director shall submit to the Commit-
47

•S 1059 PCS

1 tees on Armed Services of the Senate and the House of

2 Representatives a report on the administration of the pro3 gram for the fiscal year. The report shall include the fol4 lowing:

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

6 technology, or prototypes for which prizes were

7 awarded.

8 ‘‘(2) The total amount of the prizes awarded.

9 ‘‘(3) The methods used for solicitation and eval10 uation of submissions, together with an assessment

11 of the effectiveness of those methods.’’.

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

13 at the beginning of such chapter is amended by inserting

14 after the item relating to section 2374 the following:

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

15 SEC. 236. ADDITIONAL PILOT PROGRAM FOR REVITAL16 IZING DEPARTMENT OF DEFENSE LABORA17 TORIES.

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

19 carry out a pilot program to demonstrate improved cooper20 ative relationships with universities and other private sec21 tor entities for the performance of research and develop22 ment functions. The pilot program under this section is

23 in addition to the pilot program carried out under section

24 246 of the Strom Thurmond National Defense Authoriza-
48

•S 1059 PCS

1 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

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

3 (2) Under the pilot program, the Secretary of De4 fense shall provide the director of one science and tech5 nology laboratory of each military department with au6 thority for the following:

7 (A) To ensure that the defense laboratories can

8 attract a balanced workforce of permanent and tem9 porary personnel with an appropriate level of skills

10 and experience, and can effectively compete in hiring

11 processes to obtain the finest scientific talent.

12 (B) To waive any restrictions not required by

13 law that apply to the demonstration and implemen14 tation of methods for achieving the objectives in sub15 paragraph (A).

16 (3) In selecting the laboratories for participation in

17 the pilot program, the Secretary shall consider labora18 tories where innovative management techniques have been

19 demonstrated, particularly as documented under sections

20 1115 through 1119 of title 31, United States Code, relat21 ing to Government agency performance and results.

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

23 at each selected laboratory for a period of three years be24 ginning not later than March 1, 2000.
49

•S 1059 PCS

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

2 Secretary of Defense shall submit a report on the imple3 mentation of the pilot program to Congress. The report

4 shall include the following:

5 (A) Each laboratory selected for the pilot pro6 gram.

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

8 innovative concepts that are to be tested at each lab9 oratory or center.

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

11 success of each concept to be tested.

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

13 participation of a laboratory in the pilot program, the Sec14 retary of Defense shall submit to Congress a final report

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

16 The report shall contain the following:

17 (A) A description of the concepts tested.

18 (B) The results of the testing.

19 (C) The lessons learned.

20 (D) Any proposal for legislation that the Sec21 retary recommends on the basis of the experience at

22 the laboratory under the pilot program.
50

•S 1059 PCS

1 SEC. 237. EXEMPTION OF DEFENSE LABORATORY EMPLOY2 EES FROM CERTAIN WORKFORCE MANAGE3 MENT RESTRICTIONS.

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

5 National Defense Authorization Act for Fiscal Year 1995

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

7 adding at the end the following new paragraph:

8 ‘‘(4) The employees of a laboratory covered by a per9 sonnel demonstration project carried out under this sec10 tion shall be exempt from, and may not be counted for

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

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

13 time equivalent positions, supervisory ratios, or maximum

14 number of employees in any category or categories of em15 ployment that may otherwise be applicable to the employ16 ees. The employees shall be managed by the director of

17 the laboratory subject to the supervision of the Under Sec18 retary of Defense for Acquisition and Technology.’’.

19 (b) REDUCTIONS IN FORCE.—Notwithstanding any

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

21 the defense acquisition workforce—

22 (1) the employees of a Department of Defense

23 laboratory shall not be considered as being included

24 in that workforce for the purpose of that provision

25 of law; and
51

•S 1059 PCS

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

2 the reduction under that provision of law, shall con3 sider the size of the required reduction as being low4 ered by—

5 (A) the percent determined by dividing (on

6 the basis of the equivalent of full-time employ7 ees) the total number of employees in the de8 fense acquisition workforce as of the beginning

9 of the reduction in force into the number of lab10 oratory employees that, except for paragraph

11 (1), would otherwise have been considered as

12 being in the workforce to be reduced under that

13 provision of law; or

14 (B) any other factor that the Secretary de15 termines as being a more appropriate measure

16 for the adjustment.

17 SEC. 238. USE OF WORKING-CAPITAL FUNDS FOR FINANC18 ING RESEARCH AND DEVELOPMENT OF THE

19 MILITARY DEPARTMENTS.

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

21 States Code, is amended by adding at the end the fol22 lowing:

23 ‘‘(r) RESEARCH, DEVELOPMENT, TEST, AND EVAL24 UATION.—(1) Working-capital funds shall be used for fi-
52

•S 1059 PCS

1 nancing all research, development, test, and evaluation ac2 tivities and programs of the military departments.

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

4 use of working-capital funds for activities and programs

5 described in paragraph (1):

6 ‘‘(A) Acceptance of reimbursable orders from

7 authorized customers.

8 ‘‘(B) Crediting of working-capital funds, out of

9 funds available for a military department for re10 search, development, test, and evaluation or any

11 other appropriate source of funds, for goods and

12 services provided to that military department.

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

14 Department of Defense that are applicable to the use and

15 management of Department of Defense revolving funds

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

17 funds for financing the activities and programs described

18 in paragraph (1).’’.

19 (b) IMPLEMENTATION.—(1) The Secretary of De20 fense shall amend the Department of Defense Financial

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

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

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

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

25 2000, the Under Secretary of Defense (Comptroller) shall
53

•S 1059 PCS

1 submit to the Committees on Armed Services of the Sen2 ate and the House of Representatives written status re3 ports on the progress made in implementing subsection

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

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

6 minimum, include the following:

7 (A) The schedule for completing the key actions

8 necessary for implementation.

9 (B) The progress made in the implementation

10 by the military departments and the other agencies

11 of the Department of Defense through the date of

12 the report.

13 (C) Each delay and obstacle encountered in the

14 implementation, together with an explanation of the

15 actions taken in each such case to ensure timely im16 plementation.

17 SEC. 239. EFFICIENT UTILIZATION OF DEFENSE LABORA18 TORIES.

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

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

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

22 independent experts under the auspices of the Defense

23 Science Board to conduct an analysis of the resources and

24 capabilities of all of the laboratories and test and evalua25 tion facilities of the Department of Defense, including
54

•S 1059 PCS

1 those of the military departments. In conducting the anal2 ysis, the panel shall identify opportunities to achieve effi3 ciency and reduce duplication of efforts by consolidating

4 responsibilities by area or function or by designating lead

5 agencies or executive agents in cases considered appro6 priate. The panel shall report its findings to the Secretary

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

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

9 a minimum, address the capabilities of the laboratories

10 and test and evaluation facilities in the areas of air vehi11 cles, armaments, command, control, communications, and

12 intelligence, space, directed energy, electronic warfare,

13 medicine, corporate laboratories, civil engineering, geo14 physics, and the environment.

15 (b) PERFORMANCE REVIEW PROCESS.—Not later

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

17 the Secretary of Defense shall develop an appropriate per18 formance review process for rating the quality and rel19 evance of work performed by the Department of Defense

20 laboratories. The process shall include customer evaluation

21 and peer review by Department of Defense personnel and

22 appropriate experts from outside the Department of De23 fense. The process shall provide for rating all laboratories

24 of the Army, Navy, and Air Force on a consistent basis.
55

•S 1059 PCS

1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 (a) AMOUNTS AUTHORIZED.—Funds are hereby au7 thorized to be appropriated for fiscal year 2000 for the

8 use of the Armed Forces and other activities and agencies

9 of the Department of Defense for expenses, not otherwise

10 provided for, for operation and maintenance, in amounts

11 as follows:

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

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

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

15 (4) For the Air Force, $20,382,403,000.

16 (5) For Defense-wide activities,

17 $10,963,033,000.

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

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

20 (8) For the Marine Corps Reserve,

21 $125,766,000.

22 (9) For the Air Force Reserve, $1,726,837,000.

23 (10) For the Army National Guard,

24 $2,912,249,000.
56

•S 1059 PCS

1 (11) For the Air National Guard,

2 $3,119,518,000.

3 (12) For the Defense Inspector General,

4 $138,244,000.

5 (13) For the United States Court of Appeals

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

7 (14) For Environmental Restoration, Army,

8 $378,170,000.

9 (15) For Environmental Restoration, Navy,

10 $284,000,000.

11 (16) For Environmental Restoration, Air Force,

12 $376,800,000.

13 (17) For Environmental Restoration, Defense14 wide, $25,370,000.

15 (18) For Environmental Restoration, Formerly

16 Used Defense Sites, $199,214,000.

17 (19) For Overseas Humanitarian, Demining,

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

19 (20) For Drug Interdiction and Counter-drug

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

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

22 Remediation, and Environmental Restoration Trust

23 Fund, $15,000,000.

24 (22) For Medical Programs, Defense,

25 $10,453,487,000.
57

•S 1059 PCS

1 (23) For Cooperative Threat Reduction pro2 grams, $475,500,000.

3 (24) For Overseas Contingency Operations

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

5 (25) For Combating Terrorism Activities

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

7 (26) For quality of life enhancements,

8 $1,845,370,000.

9 (27) For defense transfer programs,

10 $31,000,000.

11 (b) GENERAL LIMITATION.—Notwithstanding para12 graphs (1) through (27) of subsection (a), the total

13 amount authorized to be appropriated for fiscal year 2000

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

15 SEC. 302. WORKING-CAPITAL FUNDS.

16 Funds are hereby authorized to be appropriated for

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

18 activities and agencies of the Department of Defense for

19 providing capital for working-capital and revolving funds

20 in amounts as follows:

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

22 $62,344,000.

23 (2) For the Defense Working-Capital Fund, Air

24 Force, $28,000,000.
58

•S 1059 PCS

1 (3) For the National Defense Sealift Fund,

2 $394,700,000.

3 SEC. 303. ARMED FORCES RETIREMENT HOME.

4 There is hereby authorized to be appropriated for fis5 cal year 2000 from the Armed Forces Retirement Home

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

7 the Armed Forces Retirement Home, including the United

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

9 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK10 PILE TRANSACTION FUND.

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

12 in appropriations Acts, not more than $150,000,000 is au13 thorized to be transferred from the National Defense

14 Stockpile Transaction Fund to operation and maintenance

15 accounts for fiscal year 2000 in amounts as follows:

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

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

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

19 (b) TREATMENT OF TRANSFERS.—Amounts trans20 ferred under this section—

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

22 the same purposes and the same period as, the

23 amounts in the accounts to which transferred; and
59

•S 1059 PCS

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 Subtitle B—Program Require9 ments, Restrictions, and Limita10 tions

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

12 Of the amount authorized to be appropriated pursu13 ant to section 301(a)(1) for operation and maintenance

14 for the Army, $216,400,000 shall be available for con15 tributions for the common-funded Military Budget of the

16 North Atlantic Treaty Organization.

17 SEC. 312. USE OF HUMANITARIAN AND CIVIC ASSISTANCE

18 FUNDING FOR PAY AND ALLOWANCES OF

19 SPECIAL OPERATIONS COMMAND RESERVES

20 FURNISHING DEMINING TRAINING AND RE21 LATED ASSISTANCE AS HUMANITARIAN AS22 SISTANCE.

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

24 amended by adding at the end the following:
60

•S 1059 PCS

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

2 fiscal year for humanitarian and civic assistance described

3 in subsection (e)(5) may be expended for the pay and al4 lowances of reserve component personnel of the Special

5 Operations Command for periods of duty for which the

6 personnel, for a humanitarian purpose, furnish education

7 and training on the detection and clearance of landmines

8 or furnish related technical assistance.’’.

9 SEC. 313. NATIONAL DEFENSE FEATURES PROGRAM.

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

11 amended—

12 (1) by redesignating subsection (k) as sub13 section (l);

14 (2) by inserting after subsection (j) the fol15 lowing new subsection (k):

16 ‘‘(k) CONTRACTS FOR INCORPORATION OF DEFENSE

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

18 any agency, after making a determination of the economic

19 soundness of an offer to do so, may enter into a contract

20 with the offeror for the offeror to install and maintain de21 fense features for national defense purposes in one or

22 more commercial vessels owned or controlled by the offeror

23 in accordance with the purpose for which funds in the Na24 tional Defense Sealift Fund are available under subsection

25 (c)(1)(C).
61

•S 1059 PCS

1 ‘‘(2) The head of an agency may make advance pay2 ments to the contractor under the contract in one lump

3 sum, annual payments, or any combination thereof for

4 costs associated with the installation and maintenance of

5 the defense features on one or more commercial vessels,

6 as follows:

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

8 any defense feature in a vessel.

9 ‘‘(B) The costs to maintain and test any de10 fense feature on a vessel periodically.

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

12 loss of revenue attributable to the installation or

13 maintenance of any defense feature on a vessel.

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

15 terms and conditions of the contract.

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

17 provides advance payments for the costs associated with

18 installation or maintenance of any defense feature on a

19 commercial vessel, the contractor shall provide to the

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

21 of a preferred mortgage under section 31322 of title 46

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

23 order adequately to protect the United States against loss

24 for the total amount of those costs.
62

•S 1059 PCS

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

2 shall—

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

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

5 owned or controlled by the contractor, the contractor

6 is to operate the vessel for the Department of De7 fense notwithstanding any other contract or commit8 ment of that contractor; and

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

10 vessel for the Department of Defense shall be paid

11 for that operation at fair and reasonable rates.

12 ‘‘(5) The head of an agency may not delegate author13 ity under this subsection to any person in a position below

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

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

16 redesignated by paragraph (1), the following:

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

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

19 title.’’.

20 Subtitle C—Environmental

21 Provisions

22 SEC. 321. ENVIRONMENTAL TECHNOLOGY MANAGEMENT.

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

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

25 military departments accountable for achieving per-
63

•S 1059 PCS

1 formance-based results in the management of envi2 ronmental technology by providing a connection be3 tween program direction and the achievement of spe4 cific performance-based results;

5 (2) to assure the identification of end-user re6 quirements for environmental technology within the

7 military departments;

8 (3) to assure results, quality of effort, and ap9 propriate levels of service and support for end-users

10 of environmental technology within the military de11 partments; and

12 (4) to promote improvement in the performance

13 of environmental technologies by establishing objec14 tives for environmental technology programs, meas15 uring performance against such objectives, and mak16 ing public reports on the progress made in such per17 formance.

18 (b) ENVIRONMENTAL TECHNOLOGY MANAGE19 MENT.—Chapter 139 of title 10, United States Code, is

20 amended by inserting after section 2358 the following new

21 section:

22 ‘‘§ 2358a. Research and development: environmental

23 technology

24 ‘‘(a) MANAGEMENT OF RESEARCH AND DEVELOP25 MENT.—The Secretary of Defense shall provide in accord-
64

•S 1059 PCS

1 ance with this section for the management of projects en2 gaged in under section 2358 of this title for the research,

3 development, and evaluation of environmental technologies

4 for the Department of Defense and the military depart5 ments.

6 ‘‘(b) RESPONSIBILITIES OF SECRETARY OF DE7 FENSE.—The Secretary of Defense shall—

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

9 the Department of Defense and the military depart10 ments of an investment control process for the selec11 tion, management, and evaluation of environmental

12 technologies within the Department of Defense;

13 ‘‘(2) develop a strategic plan for the develop14 ment of environmental technologies within the De15 partment of Defense which shall specify goals and

16 objectives for the development of environmental

17 technologies within the Department and provide spe18 cific mechanisms for assuring the achievement of

19 such goals and objectives;

20 ‘‘(3) establish guidelines for use by the officials

21 concerned in preparing the annual performance

22 plans and performance reports required by this sec23 tion;

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

25 officials to develop quantifiable and measurable per-
65

•S 1059 PCS

1 formance objectives for particular environmental

2 technology projects; and

3 ‘‘(5) if the Secretary determines that the devel4 opment of performance objectives for particular

5 technology projects by the officials referred to in

6 that paragraph is not feasible, establish a schedule

7 for meeting the performance plan requirements set

8 forth in subsection (c).

9 ‘‘(c) RESPONSIBILITIES WITHIN DEPARTMENT OF

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

11 ‘‘(A) develop and implement an investment con12 trol process for the selection, management, and eval13 uation of environmental technologies by the depart14 ment or agencies; and

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

16 year a performance plan for the environmental tech17 nology program of the department or agencies.

18 ‘‘(2) An investment control process under paragraph

19 (1)(A) shall include, for the department or agency con20 cerned, mechanisms—

21 ‘‘(A) to ensure the identification of end-user re22 quirements for environmental technologies;

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

24 context of funding constraints and the overall envi-
66

•S 1059 PCS

1 ronmental technology requirements of the Depart2 ment of Defense;

3 ‘‘(C) to avoid duplication and overlap in the re4 search and development of environmental tech5 nologies both within the Department of Defense and

6 between the Department of Defense and other public

7 and private entities and persons;

8 ‘‘(D) to provide for the conduct of performance9 based reviews of environmental technologies that

10 take into account end-user evaluations of such tech11 nologies and permit a measurement of return on in12 vestments in such technologies;

13 ‘‘(E) to ensure that the environmental tech14 nology effort responds in an appropriate manner to

15 end-user requirements, program and funding prior16 ities and constraints, and the reviews conducted pur17 suant to subparagraph (D); and

18 ‘‘(F) to ensure appropriate protection of United

19 States interests in any intellectual property rights

20 associated with environmental technologies developed

21 by or with the assistance of the department or agen22 cies concerned.

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

24 the environmental technology program of a department or

25 agency for a fiscal year shall—
67

•S 1059 PCS

1 ‘‘(A) unless the Secretary of Defense deter2 mines that it is not feasible under subsection (b)(5),

3 establish performance objectives for each environ4 mental technology project under the program for the

5 fiscal year based on end-user requirements and pro6 gram priorities under the program, and express such

7 objectives in a quantifiable and measurable form;

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

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

10 with the performance objectives for the project for

11 the fiscal year;

12 ‘‘(C) establish means to validate the achieve13 ment of performance objectives for each project or to

14 specify the extent to which such validation is not

15 possible;

16 ‘‘(D) establish performance indicators for pur17 poses of measuring or assessing relevant outputs

18 and outcomes for each project for the fiscal year;

19 and

20 ‘‘(E) establish mechanisms for determining the

21 operational processes, skills and technology, human

22 capital, information, or other resources necessary to

23 meet the performance objectives for each project for

24 the fiscal year.
68

•S 1059 PCS

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

2 31 each year, the Secretary of Defense shall submit to

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

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

5 on the environmental technology program of the Depart6 ment of Defense during the preceding fiscal year.

7 ‘‘(2) Each report under paragraph (1) shall, with re8 spect to each project under the environmental technology

9 program of the Department—

10 ‘‘(A) set forth the performance objectives estab11 lished for the project for the fiscal year under sub12 section (c)(3) and assess the performance achieved

13 with respect to the project in light of performance

14 indicators for the project;

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

16 met the performance objectives established for the

17 project for the fiscal year;

18 ‘‘(C) if a project did not meet the performance

19 objectives for the project for the fiscal year,

20 include—

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

22 project to meet the performance objectives; and

23 ‘‘(ii) either—

24 ‘‘(I) a modified schedule for meeting

25 the performance objectives; or
69

•S 1059 PCS

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

2 objective determined to be impracticable or

3 infeasible to meet, a statement of alter4 native actions to be taken with respect to

5 the project; and

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

7 funds obligated and expended, in the fiscal year for

8 the achievement of each performance objective for

9 the project.

10 ‘‘(e) OFFICIAL CONCERNED DEFINED.—In this sec11 tion, the term ‘official concerned’ means the following:

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

13 (Environmental Security), with respect to the envi14 ronmental technology program of the Defense Agen15 cies.

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

17 Army for Environment, Safety, and Occupational

18 Health, with respect to the environmental technology

19 program of the Army or any environmental program

20 technology for which the Army is the executive

21 agent.

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

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

24 environmental technology program of the Navy or
70

•S 1059 PCS

1 any environmental technology program for which the

2 Navy is the executive agent.

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

4 Force (Environment, Safety, and Occupational

5 Health), with respect to the environmental tech6 nology program of the Air Force or any environ7 mental technology program for which the Air Force

8 is the executive agent.’’.

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

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

11 by inserting after the item relating to section 2358 the

12 following new item:

‘‘2358a. Research and development: environmental technology.’’.

13 SEC. 322. ESTABLISHMENT OF ENVIRONMENTAL RES14 TORATION ACCOUNTS FOR INSTALLATIONS

15 CLOSED OR REALIGNED UNDER THE BASE

16 CLOSURE LAWS AND FOR FORMERLY USED

17 DEFENSE SITES.

18 (a) ACCOUNT FOR FORMERLY USED DEFENSE

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

20 States Code, is amended by adding at the end the fol21 lowing new paragraph:

22 ‘‘(5) An account to be known as the ‘Environ23 mental Restoration Account, Army, Formerly Used

24 Defense Sites’.’’.
71

•S 1059 PCS

1 (b) ACCOUNT FOR DEFENSE BASE CLOSURE AND

2 REALIGNMENT.—That subsection is further amended by

3 adding at the end the following new paragraph:

4 ‘‘(6) An account to be known as the ‘Environ5 mental Restoration Account, Defense Base Closure

6 and Realignment’.’’.

7 (c) USE OF FUNDS IN BASE CLOSURE AND REALIGN8 MENT ACCOUNT.—(1) Subsection (b) of that section is

9 amended—

10 (A) by striking ‘‘Funds authorized’’ and insert11 ing ‘‘(1) Except as provided in paragraph (2), funds

12 authorized’’; and

13 (B) by adding at the end the following:

14 ‘‘(2)(A) Funds authorized for deposit in the Environ15 mental Restoration Account, Defense Base Closure and

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

17 obligated and expended from the account only for carrying

18 out environmental restoration required as the result of the

19 closure or realignment of military installations pursuant

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

21 source of funds for such environmental restoration.

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

23 closure law’ means the following:

24 ‘‘(i) Section 2687 of this title.
72

•S 1059 PCS

1 ‘‘(ii) The Defense Base Closure and Realign2 ment Act of 1990 (part A of title XXIX of Public

3 Law 101–510; 10 U.S.C. 2687 note).

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

5 Amendments and Base Closure and Realignment

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

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

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

9 Law 101–510; 10 U.S.C. 2687 note) is amended by strik10 ing subsection (e).

11 (d) TRANSFER OF BRAC ENVIRONMENTAL RES12 TORATION FUNDS.—The Secretary of Defense shall trans13 fer from the Department of Defense Base Closure Account

14 1990 established by section 2906(a) of the Defense Base

15 Closure and Realignment Act of 1990 (part A of title

16 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) to

17 the Environmental Restoration Account, Defense Base

18 Closure and Realignment established by section

19 2703(a)(6) of title 10, United States Code (as amended

20 by subsection (b)), such portion of the unobligated balance

21 in the Department of Defense Base Closure Account 1990

22 as of October 1, 2000, as the Secretary determines nec23 essary to carry out environmental restoration in accord24 ance with section 2703(b)(2) of title 10, United States

25 Code (as amended by subsection (c)(1)).
73

•S 1059 PCS

1 (e) FUNDING OF ADMINISTRATIVE EXPENSES AND

2 TECHNICAL ASSISTANCE.—Section 2705(g) of title 10,

3 United States Code, is amended to read as follows:

4 ‘‘(g) FUNDING.—(1) Except as provided in para5 graph (2), funds in the accounts established by section

6 2703(a) of this title shall be available for administrative

7 expenses and technical assistance under this section.

8 ‘‘(2) Funds in the account established by section

9 2703(a)(6) of this title shall be available for administra10 tive expenses and technical assistance under this section

11 with respect to an installation approved for closure or re12 alignment under a base closure law only to the extent that

13 the base closure law under which the installation is being

14 closed or realigned provides for the funding of environ15 mental restoration at the installation from an account es16 tablished for purposes of carrying out the closure or re17 alignment of installations.’’.

18 (f) EFFECTIVE DATE.—(1) Except as provided in

19 paragraph (2), this section and the amendments made by

20 this section shall take effect on the date of the enactment

21 of this Act.

22 (2) The amendments made by subsections (b) and (c)

23 shall take effect on October 1, 2000.
74

•S 1059 PCS

1 SEC. 323. EXTENSION OF LIMITATION ON PAYMENT OF

2 FINES AND PENALTIES USING FUNDS IN EN3 VIRONMENTAL RESTORATION ACCOUNTS.

4 Section 2703(e) of title 10, United States Code, is

5 amended by striking ‘‘through 1999,’’ both places it ap6 pears and inserting ‘‘through 2010,’’.

7 SEC. 324. MODIFICATION OF REQUIREMENTS FOR ANNUAL

8 REPORTS ON ENVIRONMENTAL COMPLIANCE

9 ACTIVITIES.

10 (a) MODIFICATION OF REQUIREMENTS.—Subsection

11 (b) of section 2706 of title 10, United States Code, is

12 amended to read as follows:

13 ‘‘(b) REPORT ON ENVIRONMENTAL QUALITY PRO14 GRAMS AND OTHER ENVIRONMENTAL ACTIVITIES.—(1)

15 The Secretary of Defense shall submit to Congress each

16 year, not later than 45 days after the date on which the

17 President submits to Congress the budget for a fiscal year,

18 a report on the progress made in carrying out activities

19 under the environmental quality programs of the Depart20 ment of Defense and the military departments.

21 ‘‘(2) Each report shall include the following:

22 ‘‘(A) A description of the environmental quality

23 program of the Department of Defense, and of each

24 of the military departments, during the period con25 sisting of the four fiscal years preceding the fiscal

26 year in which the report is submitted, the fiscal year
75

•S 1059 PCS

1 in which the report is submitted, and the fiscal year

2 following the fiscal year in which the report is sub3 mitted, including—

4 ‘‘(i) for each of the major activities under

5 the program—

6 ‘‘(I) the amount expended, or pro7 posed to be expended, in each fiscal year of

8 the period;

9 ‘‘(II) an explanation for any signifi10 cant change in the aggregate amount to be

11 expended in the fiscal year in which the re12 port is submitted, and in the following fis13 cal year, when compared with the fiscal

14 year preceding each such fiscal year; and

15 ‘‘(III) an assessment of the manner in

16 which the scope of the activities have

17 changed over the course of the period; and

18 ‘‘(ii) a summary of the major achievements

19 of the program and of any major problems with

20 the program.

21 ‘‘(B) A list of the planned or ongoing projects

22 necessary to support the environmental quality pro23 gram of the Department of Defense, and of each of

24 the military departments, during the period de25 scribed in subparagraph (A) the cost of which has
76

•S 1059 PCS

1 exceeded or is anticipated to exceed $1,500,000,

2 including—

3 ‘‘(i) a separate list of the projects inside

4 the United States and of the projects outside

5 the United States;

6 ‘‘(ii) for each project commenced during

7 the first four fiscal years of the period—

8 ‘‘(I) the amount specified in the initial

9 budget request for the project;

10 ‘‘(II) the aggregate amount allocated

11 to the project through the fiscal year pre12 ceding the fiscal year in which the report

13 is submitted; and

14 ‘‘(III) the aggregate amount obligated

15 for the project through that fiscal year;

16 ‘‘(iii) for each project commenced or to be

17 commenced in the fiscal year in which the re18 port is submitted—

19 ‘‘(I) the amount specified for the

20 project in the budget for the fiscal year;

21 and

22 ‘‘(II) the amount allocated to the

23 project in the fiscal year;

24 ‘‘(iv) for each project to be commenced in

25 the last fiscal year of the period, the amount,
77

•S 1059 PCS

1 if any, specified for the project in the budget

2 for the fiscal year; and

3 ‘‘(v) if the anticipated aggregate cost of

4 any project covered by the report will exceed by

5 more than 25 percent the amount specified in

6 the initial budget request for such project, a

7 justification for that variance.

8 ‘‘(C) A statement of the fines and penalties im9 posed or assessed against the Department of De10 fense and the military departments under Federal,

11 State, or local environmental laws during the fiscal

12 year in which the report is submitted and the four

13 preceding fiscal years, setting forth—

14 ‘‘(i) each Federal environmental statute

15 under which a fine or penalty was imposed or

16 assessed during each such fiscal year;

17 ‘‘(ii) with respect to each such Federal

18 statute—

19 ‘‘(I) the aggregate amount of fines

20 and penalties imposed under the statute

21 during each such fiscal year;

22 ‘‘(II) the aggregate amount of fines

23 and penalties paid under the statute dur24 ing each such fiscal year; and
78

•S 1059 PCS

1 ‘‘(III) the total amount required dur2 ing such fiscal years for supplemental envi3 ronmental projects in lieu of the payment

4 of a fine or penalty under the statute and

5 the extent to which the cost of such

6 projects during such fiscal years has ex7 ceeded the original amount of the fine or

8 penalty; and

9 ‘‘(iii) the amount of fines and penalties im10 posed or assessed during each such fiscal year

11 with respect to each military installation inside

12 and outside the United States.

13 ‘‘(D) A statement of the amounts expended,

14 and anticipated to be expended, during the period

15 described in subparagraph (A) for any activities

16 overseas relating to the environment, including

17 amounts for activities relating to environmental re18 mediation, compliance, conservation, pollution pre19 vention, and environmental technology and amounts

20 for conferences, meetings, and studies for pilot pro21 grams, and for travel related to such activities.’’.

22 (b) CONFORMING REPEAL.—That section is further

23 amended—

24 (1) by striking subsection (d); and
79

•S 1059 PCS

1 (2) by redesignating subsection (e) as sub2 section (d).

3 (c) DEFINITIONS.—Subsection (d) of that section, as

4 redesignated by subsection (b)(2) of this section, is

5 amended by adding at the end the following:

6 ‘‘(4) The term ‘environmental quality program’

7 means a program of activities relating to environ8 mental compliance, conservation, pollution preven9 tion, environmental technology, and such other ac10 tivities relating to environmental quality as the Sec11 retary concerned may designate for purposes of the

12 program.

13 ‘‘(5) The term ‘major activities’, with respect to

14 an environmental quality program, means the fol15 lowing activities under the program:

16 ‘‘(A) Environmental compliance activities.

17 ‘‘(B) Conservation activities.

18 ‘‘(C) Pollution prevention activities.

19 ‘‘(D) Activities relating to environmental

20 technology.’’.

21 SEC. 325. MODIFICATION OF MEMBERSHIP OF STRATEGIC

22 ENVIRONMENTAL RESEARCH AND DEVELOP23 MENT PROGRAM COUNCIL.

24 Section 2902(b)(1) of title 10, United States Code,

25 is amended by striking ‘‘Director of Defense Research and
80

•S 1059 PCS

1 Engineering’’ and inserting ‘‘Deputy Under Secretary of

2 Defense for Science and Technology’’.

3 SEC. 326. EXTENSION OF PILOT PROGRAM FOR SALE OF

4 AIR POLLUTION EMISSION REDUCTION IN5 CENTIVES.

6 Section 351(a)(2) of the National Defense Authoriza7 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

8 Stat. 1692; 10 U.S.C. 2701 note) is amended by striking

9 ‘‘beginning on the date of the enactment of this Act and

10 ending two years after such date’’ and inserting ‘‘begin11 ning on November 18, 1997, and ending on September

12 30, 2001’’.

13 SEC. 327. REIMBURSEMENT OF ENVIRONMENTAL PROTEC14 TION AGENCY FOR CERTAIN COSTS IN CON15 NECTION WITH FRESNO DRUM SUPERFUND

16 SITE, FRESNO, CALIFORNIA.

17 (a) AUTHORITY.—The Secretary of Defense may pay,

18 using funds described in subsection (b), to the Fresno

19 Drum Special Account within the Hazardous Substance

20 Superfund established by section 9507 of the Internal

21 Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the

22 Environmental Protection Agency for costs incurred by

23 the Agency for actions taken under CERCLA at the Fres24 no Industrial Supply, Inc., site in Fresno, California, the

25 following amounts:
81

•S 1059 PCS

1 (1) Not more than $778,425 for past response

2 costs incurred by the Agency.

3 (2) The amount of the costs identified as ‘‘in4 terest’’ costs pursuant to the agreement known as

5 the ‘‘CERCLA Section 122(h)(1) Agreement for

6 Payment of Future Response Costs and Recovery of

7 Past Response Costs In the Matter of: Fresno In8 dustrial Supply Inc. Site, Fresno, California’’ that

9 was entered into by the Department of Defense and

10 the Environmental Protection Agency on May 22,

11 1998.

12 (b) SOURCE OF FUNDS FOR PAYMENT.—(1) Subject

13 to paragraph (2), any payment under subsection (a) shall

14 be made using the following amounts:

15 (A) Amounts authorized to be appropriated by

16 section 301 to the Environmental Restoration Ac17 count, Defense, established by section 2703(a)(1) of

18 title 10, United States Code.

19 (B) Amounts authorized to be appropriated by

20 section 301 to the Environmental Restoration Ac21 count, Army, established by section 2703(a)(2) of

22 that title.

23 (C) Amounts authorized to be appropriated by

24 section 301 to the Environmental Restoration Ac-
82

•S 1059 PCS

1 count, Navy, established by section 2703(a)(3) of

2 that title.

3 (D) Amounts authorized to be appropriated by

4 section 301 to the Environmental Restoration Ac5 count, Air Force, established by section 2703(a)(4)

6 of that title.

7 (2) The portion of a payment under paragraph (1)

8 that is derived from any account referred to in that para9 graph shall bear the same ratio to the total amount of

10 such payment as the amount of the hazardous substances

11 at the Fresno Industrial Supply, Inc., site that are attrib12 utable to the department concerned bears to the total

13 amount of the hazardous substances at that site.

14 (c) CERCLA DEFINED.—In this section, the term

15 ‘‘CERCLA’’ means the Comprehensive Environmental Re16 sponse, Compensation, and Liability Act of 1980 (42

17 U.S.C. 9601 et seq.).

18 SEC. 328. PAYMENT OF STIPULATED PENALTIES ASSESSED

19 UNDER CERCLA IN CONNECTION WITH F.E.

20 WARREN AIR FORCE BASE, WYOMING.

21 (a) AUTHORITY.—The Secretary of the Air Force

22 may pay, using funds described in subsection (b), not

23 more than $20,000 as payment of stipulated civil penalties

24 assessed on January 13, 1998, against F.E. Warren Air

25 Force Base, Wyoming, under the Comprehensive Environ-
83

•S 1059 PCS

1 mental Response, Compensation, and Liability Act of

2 1980 (42 U.S.C. 9601 et seq.).

3 (b) SOURCE OF FUNDS FOR PAYMENT.—Any pay4 ment under subsection (a) shall be made using amounts

5 authorized to be appropriated by section 301 to the Envi6 ronmental Restoration Account, Air Force, established by

7 section 2703(a)(4) of title 10, United States Code.

8 Subtitle D—Other Matters

9 SEC. 341. EXTENSION OF WARRANTY CLAIMS RECOVERY

10 PILOT PROGRAM.

11 Section 391(f) of the National Defense Authorization

12 Act for Fiscal Year 1998 (Public Law 104–85; 111 Stat.

13 1716; 10 U.S.C. 2304 note) is amended by striking ‘‘Sep14 tember 30, 1999’’ and inserting ‘‘September 30, 2000’’.

15 SEC. 342. ADDITIONAL MATTERS TO BE REPORTED BE16 FORE PRIME VENDOR CONTRACT FOR

17 DEPOT-LEVEL MAINTENANCE AND REPAIR IS

18 ENTERED INTO.

19 Section 346(a) of the Strom Thurmond National De20 fense Authorization Act for Fiscal Year 1999 (Public Law

21 105–261; 112 Stat. 1979; 10 U.S.C. 2464 note) is

22 amended—

23 (1) by striking ‘‘and’’ at the end of paragraph

24 (1);
84

•S 1059 PCS

1 (2) by striking the period at the end of para2 graph (2) and inserting a semicolon; and

3 (3) by adding at the end the following:

4 ‘‘(3) contains an analysis of the extent to which

5 the contract conforms to the requirements of section

6 2466 of title 10, United States Code; and

7 ‘‘(4) describes the measures taken to ensure

8 that the contract does not violate the core logistics

9 policies, requirements, and restrictions set forth in

10 section 2464 of that title.’’.

11 SEC. 343. IMPLEMENTATION OF JOINTLY APPROVED

12 CHANGES IN DEFENSE RETAIL SYSTEMS.

13 (a) RECOMMENDATIONS OF JOINT EXCHANGE DUE

14 DILIGENCE STUDY.—Subsection (c) of section 367 of the

15 Strom Thurmond National Defense Authorization Act for

16 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 1987;

17 10 U.S.C. 2482 note) is amended by striking ‘‘may not

18 be implemented unless implementation of the rec19 ommendation’’ and inserting ‘‘may be implemented only

20 if implementation of the recommendation is approved by

21 all of the Secretaries of the military departments or’’.

22 (b) CONFORMING AMENDMENT.—Subsection (b) of

23 such section is amended by striking ‘‘The operation’’ and

24 inserting ‘‘Except as provided in subsection (c), the oper25 ation’’.
85

•S 1059 PCS

1 SEC. 344. WAIVER OF REQUIRED CONDITION FOR SALES

2 OF ARTICLES AND SERVICES OF INDUSTRIAL

3 FACILITIES TO PURCHASERS OUTSIDE THE

4 DEPARTMENT OF DEFENSE

5 (a) SALES TO DEFENSE CONTRACTORS.—Section

6 2208(j) of title 10, United States Code, is amended—

7 (1) by redesignating paragraphs (1) and (2) as

8 subparagraphs (A) and (B), respectively;

9 (2) by inserting ‘‘(1)’’ after ‘‘(j)’’; and

10 (3) by adding at the end the following:

11 ‘‘(2) WAIVER AUTHORITY.—The Secretary of De12 fense may waive the requirement for the conditions in

13 paragraph (1) in the case of a particular sale if the Sec14 retary determines that the waiver is necessary for reasons

15 of national security and notifies Congress regarding the

16 reasons for the waiver.’’.

17 (b) SALES TO PURCHASERS GENERALLY.—Section

18 2553 of title 10, United States Code, is amended—

19 (1) by redesignating subsections (d), (e), (f),

20 and (g) as subsections (e), (f), (g), and (h), respec21 tively; and

22 (2) by inserting after subsection (c) the fol23 lowing new subsection (d):

24 ‘‘(d) WAIVER AUTHORITY.—The Secretary of De25 fense may waive the requirement for the condition in sub26 sections (a)(1) and (c)(1) in the case of a particular sale
86

•S 1059 PCS

1 if the Secretary determines that the waiver is necessary

2 for reasons of national security and notifies Congress re3 garding the reasons for the waiver.’’.

4 SEC. 345. ELIGIBILITY TO RECEIVE FINANCIAL ASSIST5 ANCE AVAILABLE FOR LOCAL EDUCATIONAL

6 AGENCIES THAT BENEFIT DEPENDENTS OF

7 DEPARTMENT OF DEFENSE PERSONNEL.

8 Section 386(c)(1) of the National Defense Authoriza9 tion Act for Fiscal Year 1993 (Public Law 102–484; 20

10 U.S.C. 7703 note) is amended by striking ‘‘in that fiscal

11 year are’’ and inserting ‘‘during the preceding school year

12 were’’.

13 SEC. 346. USE OF SMART CARD TECHNOLOGY IN THE DE14 PARTMENT OF DEFENSE.

15 (a) LEADERSHIP, PLANNING, AND EXECUTION OF

16 SMART CARD PROGRAM.—(1) Not later than October 1,

17 1999, the Secretary of Defense shall designate the Depart18 ment of the Navy to be the lead agency for the develop19 ment and implementation of a Smart Card program for

20 the Department of Defense effective as of the date of the

21 designation.

22 (2) The Secretary of Defense shall direct the Sec23 retary of the Army and the Secretary of the Air Force

24 to establish Smart Card project offices for the Department

25 of the Army and the Department of the Air Force, respec-
87

•S 1059 PCS

1 tively, not later than November 30, 1999. The designated

2 offices shall coordinate closely with the lead agency to de3 velop implementation plans for exploiting the capability of

4 Smart Card technology as a means for enhancing readi5 ness and improving business processes throughout the

6 military departments.

7 (3) Not later than November 30, 1999, the Secretary

8 of Defense shall establish a senior coordinating group

9 chaired by a representative of the Secretary of the Navy.

10 The group shall include senior representatives from each

11 of the Armed Forces. The senior coordinating group shall

12 develop and implement Department-wide interoperability

13 standards for use of Smart Card technology and a plan

14 to exploit Smart Card technology as a means for enhanc15 ing readiness and improving business processes.

16 (4) The Secretary of the Army and the Secretary of

17 the Air Force, in coordination with the Secretary of the

18 Navy, shall each develop and implement a program to

19 demonstrate the benefits of Smart Card technology in the

20 Army and the Air Force, respectively.

21 (b) INCREASED USE TARGETED TO CERTAIN NAVAL

22 REGIONS.—Not later than November 30, 1999, the Sec23 retary of the Navy shall establish a business plan to imple24 ment the use of Smart Cards in one major Naval region

25 of the continental United States that is in the area of op-
88

•S 1059 PCS

1 erations of the United States Atlantic Command and one

2 major Naval region of the continental United States that

3 is in the area of operations of the United States Pacific

4 Command. The regions selected shall include a major fleet

5 concentration area. The implementation of the use of

6 Smart Cards in each region shall cover the Navy and Ma7 rine Corps bases and all non-deployed units in the region.

8 The Secretary of the Navy shall submit the business plan

9 to the congressional defense committees.

10 (c) FUNDING FOR INCREASED USE OF SMART

11 CARDS.—(1) Of the funds authorized to be appropriated

12 for the Navy for fiscal year 2000 under section 102(a)(4)

13 or 301(a)(2), the Secretary of the Navy—

14 (A) shall allocate sufficient amounts, up to

15 $30,000,000, for ensuring that significant progress

16 is made toward complete implementation of the use

17 of Smart Card technology in the Department of the

18 Navy; and

19 (B) may allocate additional amounts for the

20 conversion of paper-based records to electronic

21 media for records systems that have been modified

22 to use Smart Card technology.

23 (2) Of the funds authorized to be appropriated under

24 section 301(a)(1), up to $5,000,000 shall be available for

25 Army demonstration programs under subsection (a)(4). Of
89

•S 1059 PCS

1 the funds authorized to be appropriated under section

2 301(a)(4), up to $5,000,000 shall be available for Air

3 Force demonstration programs under subsection (a)(4).

4 (d) REPORT.—Not later than March 31, 2000, the

5 Secretary of Defense shall submit to the Committees on

6 Armed Services of the Senate and the House of Represent7 atives a report containing a detailed discussion of the

8 progress made by the senior coordinating group in car9 rying out its duties under subsection (a)(3).

10 (e) DEFINITIONS.—In this section:

11 (1) The term ‘‘Smart Card’’ means a credit

12 card-size device, normally for carrying and use by

13 personnel, that contains one or more integrated cir14 cuits and may also employ one or more of the fol15 lowing technologies:

16 (A) Magnetic stripe.

17 (B) Bar codes, linear or two-dimensional.

18 (C) Non-contact and radio frequency

19 transmitters.

20 (D) Biometric information.

21 (E) Encryption and authentication.

22 (F) Photo identification.

23 (2) The term ‘‘Smart Card technology’’ means

24 a Smart Card together with all of the associated in-
90

•S 1059 PCS

1 formation technology hardware and software that

2 comprise the system for support and operation.

3 (f) REPEAL OF REQUIREMENT FOR AUTOMATED

4 IDENTIFICATION TECHNOLOGY OFFICE.—Section 344(b)

5 of the Strom Thurmond National Defense Authorization

6 Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

7 1977; 10 U.S.C. 113 note) is repealed.

8 SEC. 347. STUDY ON USE OF SMART CARD AS PKI AUTHEN9 TICATION DEVICE CARRIER FOR THE DE10 PARTMENT OF DEFENSE.

11 (a) STUDY REQUIRED.—The Secretary of Defense

12 shall conduct a study to determine the potential benefits

13 of Department of Defense use of the Smart Card for ad14 dressing the need of the Department of Defense for a Pub15 lic-Private Key Infrastructure (PKI) authentication device

16 carrier.

17 (b) REPORT.—Not later than January 31, 2000, the

18 Secretary shall submit to the Committees on Armed Serv19 ices of the Senate and the House of Representatives a re20 port on the results of the study. The report shall include

21 the Secretary’s findings and any recommendations that

22 the Secretary considers appropriate regarding Department

23 of Defense use of the Smart Card for addressing the need

24 identified in subsection (a).

25 (c) DEFINITIONS.—In this section:
91

•S 1059 PCS

1 (1) The term ‘‘Smart Card’’ means a credit

2 card-size device, normally for carrying and use by

3 personnel, that contains one or more integrated cir4 cuits and may also employ one or more of the fol5 lowing technologies:

6 (A) Magnetic stripe.

7 (B) Bar codes, linear or two-dimensional.

8 (C) Non-contact and radio frequency

9 transmitters.

10 (D) Biometric information.

11 (E) Encryption and authentication.

12 (F) Photo identification.

13 (2) The term ‘‘Public-Private Key Infrastruc14 ture (PKI) authentication device carrier’’ means a

15 device that physically stores, carries, and employs

16 electronic authentication or encryption keys nec17 essary to create a unique digital signature, digital

18 certificate, or other mark on an electronic document

19 or file.

20 SEC. 348. REVISION OF AUTHORITY TO DONATE CERTAIN

21 ARMY MATERIEL FOR FUNERAL CERE22 MONIES.

23 (a) AUTHORITY.—Section 4683 of title 10, United

24 States Code, is amended—

25 (1) in subsection (a)(1)—
92

•S 1059 PCS

1 (A) by striking ‘‘lend obsolete or con2 demned rifles (not more than 10)’’ and insert3 ing ‘‘conditionally lend or donate excess M1 ri4 fles (not more than 15)’’; and

5 (B) by striking ‘‘any local unit of any na6 tional veterans’ organization recognized by the

7 Department of Veterans Affairs, for use by that

8 unit’’ and inserting ‘‘a unit or other organiza9 tion of honor guards recognized by the Sec10 retary of the Army as honor guards for a na11 tional cemetery, a law enforcement agency, or a

12 local unit of any organization that, as deter13 mined by the Secretary of the Army, is a na14 tionally recognized veterans’ organization, for

15 use by that unit, organization, or agency’’; and

16 (2) by adding at the end the following:

17 ‘‘(c) CONDITIONS ON DONATIONS.—In lending or do18 nating rifles under subsection (a), the Secretary of the

19 Army may impose any condition on the use of the rifles

20 that the Secretary considers appropriate.’’.

21 (b) TECHNICAL AMENDMENTS.—Such section is fur22 ther amended—

23 (1) in subsection (a), by inserting ‘‘AUTHOR24 ITY.—’’ after ‘‘(a)’’; and
93

•S 1059 PCS

1 (2) in subsection (b), by inserting ‘‘RELIEF

2 FROM LIABILITY.—’’ after ‘‘(b)’’.

3 TITLE IV—MILITARY

4 PERSONNEL AUTHORIZATIONS

5 Subtitle A—Active Forces

6 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

7 The Armed Forces are authorized strengths for active

8 duty personnel as of September 30, 2000, as follows:

9 (1) The Army, 480,000.

10 (2) The Navy, 371,781.

11 (3) The Marine Corps, 172,240.

12 (4) The Air Force, 360,877.

13 SEC. 402. REVISION IN PERMANENT END STRENGTH LEV14 ELS.

15 (a) REVISED END STRENGTH FLOORS.—Subsection

16 (b) of section 691 of title 10, United States Code, is

17 amended—

18 (1) in paragraph (2), by striking out ‘‘372,696’’

19 and inserting in lieu thereof ‘‘371,781’’;

20 (2) in paragraph (3), by striking out ‘‘172,200’’

21 and inserting in lieu thereof ‘‘172,148’’; and

22 (3) in paragraph (4), by striking out ‘‘370,802’’

23 and inserting in lieu thereof ‘‘360,877’’.

24 (b) EFFECTIVE DATE.—The amendments made by

25 this section shall take effect on October 1, 1999.
94

•S 1059 PCS

1 SEC. 403. REDUCTION OF END STRENGTHS BELOW LEVELS

2 FOR TWO MAJOR REGIONAL CONTIN3 GENCIES.

4 Section 691(d) of title 10, United States Code, is

5 amended by striking ‘‘unless’’ and all that follows and in6 serting ‘‘unless the Secretary of Defense first submits to

7 Congress a written notification of the proposed lower end

8 strength together with the justification for the lower end

9 strength. The Secretary may submit the notification and

10 justification with the budget for the department for the

11 fiscal year.’’.

12 Subtitle B—Reserve Forces

13 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

14 (a) IN GENERAL.—The Armed Forces are authorized

15 strengths for Selected Reserve personnel of the reserve

16 components as of September 30, 2000, as follows:

17 (1) The Army National Guard of the United

18 States, 350,623.

19 (2) The Army Reserve, 205,000.

20 (3) The Naval Reserve, 90,288.

21 (4) The Marine Corps Reserve, 39,624.

22 (5) The Air National Guard of the United

23 States, 106,744.

24 (6) The Air Force Reserve, 73,764.

25 (7) The Coast Guard Reserve, 8,000.
95

•S 1059 PCS

1 (b) ADJUSTMENTS.—The end strengths prescribed by

2 subsection (a) for the Selected Reserve of any reserve com3 ponent shall be proportionately reduced by—

4 (1) the total authorized strength of units orga5 nized to serve as units of the Selected Reserve of

6 such component which are on active duty (other

7 than for training) at the end of the fiscal year; and

8 (2) the total number of individual members not

9 in units organized to serve as units of the Selected

10 Reserve of such component who are on active duty

11 (other than for training or for unsatisfactory partici12 pation in training) without their consent at the end

13 of the fiscal year.

14 Whenever such units or such individual members are re15 leased from active duty during any fiscal year, the end

16 strength prescribed for such fiscal year for the Selected

17 Reserve of such reserve component shall be proportion18 ately increased by the total authorized strengths of such

19 units and by the total number of such individual members.

20 (c) PERMANENT WAIVER AUTHORITY.—Section

21 115(c) of title 10, United States Code, is amended—

22 (1) by striking the ‘‘and’’ at the end of para23 graph (1);

24 (2) by striking the period at the end of the

25 paragraph (2) and inserting ‘‘; and’’; and
96

•S 1059 PCS

1 (3) by adding at the end the following:

2 ‘‘(3) increase the end strength authorized pur3 suant to subsection (a)(2) for a fiscal year for the

4 Selected Reserve of a reserve component of any of

5 the armed forces by a number equal to not more

6 than 2 percent of that end strength.’’.

7 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

8 DUTY IN SUPPORT OF THE RESERVES.

9 Within the end strengths prescribed in section

10 411(a), the reserve components of the Armed Forces are

11 authorized, as of September 30, 2000, the following num12 ber of Reserves to be serving on full-time active duty or

13 full-time duty, in the case of members of the National

14 Guard, for the purpose of organizing, administering, re15 cruiting, instructing, or training the reserve components:

16 (1) The Army National Guard of the United

17 States, 22,430.

18 (2) The Army Reserve, 12,804.

19 (3) The Naval Reserve, 15,010.

20 (4) The Marine Corps Reserve, 2,272.

21 (5) The Air National Guard of the United

22 States, 11,157.

23 (6) The Air Force Reserve, 1,134.
97

•S 1059 PCS

1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.

2 (a) DUAL STATUS TECHNICIANS.—The minimum

3 number of military technicians (dual status) as of Sep4 tember 30, 2000, for the reserve components of the Army

5 and the Air Force (notwithstanding section 129 of title

6 10, United States Code) shall be the following:

7 (1) For the Army Reserve, 5,179.

8 (2) For the Army National Guard of the United

9 States, 22,396.

10 (3) For the Air Force Reserve, 9,785.

11 (4) For the Air National Guard of the United

12 States, 22,247.

13 (b) NON-DUAL STATUS TECHNICIANS.—The reserve

14 components of the Army and Air Force are (notwith15 standing section 129 of title 10, United States Code) au16 thorized strengths for military technicians (non-dual sta17 tus) as of September 30, 2000, as follows:

18 (1) For the Army Reserve, 1,295.

19 (2) For the Army National Guard of the United

20 States, 1,800.

21 (3) For the Air Force Reserve, 342.

22 (4) For the Air National Guard of the United

23 States, 342.
98

•S 1059 PCS

1 SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CER2 TAIN GRADES AUTHORIZED TO BE ON ACTIVE

3 DUTY IN SUPPORT OF THE RESERVES.

4 (a) OFFICERS.—The table in section 12011(a) of title

5 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’’.

6 (b) SENIOR ENLISTED MEMBERS.—The table in sec7 tion 12012(a) of title 10, United States Code, is amended

8 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’’.

9 Subtitle C—Authorization of

10 Appropriations

11 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI12 TARY PERSONNEL.

13 There is hereby authorized to be appropriated to the

14 Department of Defense for military personnel for fiscal

15 year 2000 a total of $71,693,093,000. The authorization

16 in the preceding sentence supersedes any other authoriza17 tion of appropriations (definite or indefinite) for such pur18 pose for fiscal year 2000.
99

•S 1059 PCS

1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel

4 Policy

5 SEC. 501. EXTENSION OF REQUIREMENT FOR COMPETI6 TION FOR JOINT 4-STAR OFFICER POSITIONS.

7 (a) EXTENSION OF REQUIREMENT.—Section 604(c)

8 of title 10, United States Code, is amended by striking

9 ‘‘September 30, 2000’’ and inserting ‘‘September 30,

10 2003’’.

11 (b) GRADE RELIEF.—Section 525(b)(5)(C) of such

12 title is amended by striking ‘‘September 30, 2000’’ and

13 inserting ‘‘September 30, 2003’’.

14 SEC. 502. ADDITIONAL THREE-STAR OFFICER POSITIONS

15 FOR SUPERINTENDENTS OF SERVICE ACAD16 EMIES.

17 (a) EXCLUSION OF SUPERINTENDENTS FROM GRADE

18 LIMITATION.—Section 525(b) of title 10, United States

19 Code, is amended by adding at the end the following:

20 ‘‘(7) An officer while serving in the position of Super21 intendent of the United States Military Academy, Super22 intendent of the United States Naval Academy, or Super23 intendent of the United States Air Force Academy, if serv24 ing in the grade of lieutenant general or vice admiral, is

25 in addition to the number that would otherwise be per-
100

•S 1059 PCS

1 mitted for that officer’s armed force for that grade under

2 subsection (a) or paragraph (1) or (2) of this subsection.’’.

3 (b) RETIREMENT OF SUPERINTENDENTS.—(1)(A)

4 Chapter 367 of title 10, United States Code, is amended

5 by inserting after section 3920 the following:

6 ‘‘§ 3921. Mandatory retirement: Superintendent of the

7 United States Military Academy

8 ‘‘Upon the termination of a detail of an officer to the

9 position of Superintendent of the United States Military

10 Academy, the Secretary of the Army shall retire the officer

11 under any provision of this chapter under which the officer

12 is eligible to retire.’’.

13 (B) Chapter 403 of such title is amended by inserting

14 after section 4333 the following:

15 ‘‘§ 4333a. Superintendent: condition for detail to posi16 tion

17 ‘‘To be eligible for detail to the position of Super18 intendent of the Academy, an officer shall enter into an

19 agreement with the Secretary of the Army to accept retire20 ment upon termination of the detail.’’.

21 (2)(A) Chapter 573 of such title is amended by in22 serting after the table of sections at the beginning of the

23 chapter the following:
101

•S 1059 PCS

1 ‘‘§ 6371. Mandatory retirement: Superintendent of the

2 United States Naval Academy

3 ‘‘Upon the termination of a detail of an officer to the

4 position of Superintendent of the United States Naval

5 Academy, the Secretary of the Navy shall retire the officer

6 under any provision of chapter 571 of this title under

7 which the officer is eligible to retire.’’.

8 (B) Chapter 603 of such title is amended by inserting

9 after section 6951 the following:

10 ‘‘§ 6951a. Superintendent

11 ‘‘(a) There is a Superintendent of the United States

12 Naval Academy. The immediate governance of the Naval

13 Academy is under the Superintendent.

14 ‘‘(b) The Superintendent shall be detailed to the posi15 tion by the President. To be eligible for detail to the posi16 tion, an officer shall enter into an agreement with the Sec17 retary of the Navy to accept retirement upon termination

18 of the detail.’’.

19 (3)(A) Chapter 867 of such title is amended by in20 serting after section 8920 the following:

21 ‘‘§ 8921. Mandatory retirement: Superintendent of the

22 United States Air Force Academy

23 ‘‘Upon the termination of a detail of an officer to the

24 position of Superintendent of the United States Air Force

25 Academy, the Secretary of the Air Force shall retire the
102

•S 1059 PCS

1 officer under any provision of this chapter under which

2 the officer is eligible to retire.’’.

3 (B) Chapter 903 of such title is amended by inserting

4 after section 9333 the following:

5 ‘‘§ 9333a. Superintendent: condition for detail to posi6 tion

7 ‘‘To be eligible for detail to the position of Super8 intendent of the Academy, an officer shall enter into an

9 agreement with the Secretary of the Air Force to accept

10 retirement upon termination of the detail.’’.

11 (c) CLERICAL AMENDMENTS.—(1)(A) The table of

12 sections at the beginning of chapter 367 of title 10, United

13 States Code, is amended by inserting after the item relat14 ing to section 3920 the following:

‘‘3921. Mandatory retirement: Superintendent of the United States Military

Academy.’’.

15 (B) The table of sections at the beginning of chapter

16 403 of such title is amended by inserting after the item

17 relating to section 4333 the following:

‘‘4333a. Superintendent: condition for detail to position.’’.

18 (2)(A) The table of sections at the beginning of chap19 ter 573 of such title is amended by inserting before the

20 item relating to section 6383 the following:

‘‘6371. Mandatory retirement: Superintendent of the United States Naval Academy.’’.
103

•S 1059 PCS

1 (B) The table of sections at the beginning of chapter

2 603 of such title is amended by inserting after the item

3 relating to section 6951 the following:

‘‘6951a. Superintendent.’’.

4 (3)(A) The table of sections at the beginning of chap5 ter 867 of such title is amended by inserting after the

6 item relating to section 8920 the following:

‘‘8921. Mandatory retirement: Superintendent of the United States Air Force

Academy.’’.

7 (B) The table of sections at the beginning of chapter

8 903 of such title is amended by inserting after the item

9 relating to section 9333 the following:

‘‘9333a. Superintendent: condition for detail to position.’’.

10 (d) SAVINGS PROVISION.—The amendments made by

11 this section shall not apply to an officer serving on the

12 date of the enactment of this Act in the position of Super13 intendent of the United States Military Academy, Super14 intendent of the United States Naval Academy, or Super15 intendent of the United States Air Force Academy for so

16 long as the officer continues on and after that date to

17 serve in the position without a break in the service in the

18 position.
104

•S 1059 PCS

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—
105

•S 1059 PCS

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
106

•S 1059 PCS

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
107

•S 1059 PCS

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
108

•S 1059 PCS

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.
109

•S 1059 PCS

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:
110

•S 1059 PCS

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
111

•S 1059 PCS

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.
112

•S 1059 PCS

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
113

•S 1059 PCS

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.’’.
114

•S 1059 PCS

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
115

•S 1059 PCS

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—
116

•S 1059 PCS

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:
117

•S 1059 PCS

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-
118

•S 1059 PCS

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
119

•S 1059 PCS

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
120

•S 1059 PCS

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.’’.
121

•S 1059 PCS

1 Subtitle C—Military Education and

2 Training

3 SEC. 531. AUTHORITY TO EXCEED TEMPORARILY A

4 STRENGTH LIMITATION FOR THE SERVICE

5 ACADEMIES.

6 Section 511(a) of the National Defense Authorization

7 Act for Fiscal Years 1992 and 1993 (Public Law 102–

8 190; 105 Stat. 1359; 10 U.S.C. 4342 note) is amended—

9 (1) by inserting ‘‘(1)’’ after ‘‘(a) REDUCTION IN

10 AUTHORIZED STRENGTHS.—’’; and

11 (2) by adding at the end the following:

12 ‘‘(2) The Secretary of the military department con13 cerned may authorize the strength for an academy for any

14 class year to exceed the strength limitation set forth in

15 paragraph (1) by not more than 5 percent. Before grant16 ing that authority, the Secretary shall submit to the Com17 mittees on Armed Services of the Senate and House of

18 Representatives a written notification of the determination

19 to authorize the excessive strength for that year. The noti20 fication shall include a discussion of the justification for

21 exceeding the strength limitation and the actions that the

22 Secretary plans to take to reduce the strength to a level

23 within the strength limitation.’’.
122

•S 1059 PCS

1 SEC. 532. REPEAL OF LIMITATION ON AMOUNT OF REIM2 BURSEMENT AUTHORIZED TO BE WAIVED

3 FOR FOREIGN STUDENTS AT THE SERVICE

4 ACADEMIES.

5 (a) REPEAL.—Sections 4344(b)(3), 6957(b)(3), and

6 9344(b)(3) of title 10, United States Code, are repealed.

7 (b) EFFECTIVE DATE.—The amendments made by

8 subsection (a) shall take effect on the date of the enact9 ment of this Act and shall apply with respect to the aca10 demic year that includes that date and academic years

11 that begin after that date.

12 SEC. 533. EXPANSION OF FOREIGN EXCHANGE PROGRAMS

13 OF THE SERVICE ACADEMIES.

14 (a) UNITED STATES MILITARY ACADEMY.—Section

15 4345 of title 10, United States Code, is amended—

16 (1) in subsection (b), by striking ‘‘10 cadets’’

17 and inserting ‘‘24 cadets’’; and

18 (2) in subsection (c)(3), by striking ‘‘$50,000’’

19 and inserting ‘‘$120,000’’.

20 (b) UNITED STATES NAVAL ACADEMY.—Section

21 6957a of such title is amended—

22 (1) in subsection (b), by striking ‘‘10 mid23 shipmen’’ and inserting ‘‘24 midshipmen’’; and

24 (2) in subsection (c)(3), by striking ‘‘$50,000’’

25 and inserting ‘‘$120,000’’.
123

•S 1059 PCS

1 (c) UNITED STATES AIR FORCE ACADEMY.—Section

2 9345 of such title is amended—

3 (1) in subsection (b), by striking ‘‘10 Air Force

4 cadets’’ and inserting ‘‘24 Air Force cadets’’; and

5 (2) in subsection (c)(3), by striking ‘‘$50,000’’

6 and inserting ‘‘$120,000’’.

7 SEC. 534. PERMANENT AUTHORITY FOR ROTC SCHOLAR8 SHIPS FOR GRADUATE STUDENTS.

9 Section 2107(c)(2) of title 10, United States Code,

10 is amended to read as follows:

11 ‘‘(2) The Secretary of the military department con12 cerned may provide financial assistance, as described in

13 paragraph (1), to a student enrolled in an advanced edu14 cation program beyond the baccalaureate degree level if

15 the student also is a cadet or midshipman in an advanced

16 training program. Not more than 15 percent of the total

17 number of scholarships awarded under this section in any

18 year may be awarded under this paragraph.’’.

19 SEC. 535. AUTHORITY FOR AWARD OF MASTER OF STRA20 TEGIC STUDIES DEGREE BY THE UNITED

21 STATES ARMY WAR COLLEGE.

22 (a) AUTHORITY FOR DEGREE.—Chapter 401 of title

23 10, United States Code, is amended by adding at the end

24 the following:
124

•S 1059 PCS

1 ‘‘§ 4321. United States Army War College: master of

2 strategic studies degree

3 ‘‘Under regulations prescribed by the Secretary of the

4 Army, the Commandant of the United States Army War

5 College, upon the recommendation of the faculty and Dean

6 of the College, may confer the degree of master of stra7 tegic studies upon graduates of the college who have ful8 filled the requirements for the degree.’’.

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:

‘‘4321. United States Army War College: master of strategic studies degree.’’.

12 SEC. 536. MINIMUM EDUCATIONAL REQUIREMENTS FOR

13 FACULTY OF THE COMMUNITY COLLEGE OF

14 THE AIR FORCE.

15 Section 9315 of title 10, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(d) EDUCATIONAL QUALIFICATIONS OF FAC19 ULTY.—Notwithstanding section 3308 of title 5 or any

20 other provision of law, the commander of the Air Edu21 cation and Training Command may prescribe the min22 imum educational qualifications required for the profes23 sors and instructors of the college. The required qualifica24 tions shall equal or exceed the qualifications necessary to

25 satisfy accreditation standards applicable to the college.’’.
125

•S 1059 PCS

1 SEC. 537. CONFERRAL OF GRADUATE-LEVEL DEGREES BY

2 AIR UNIVERSITY.

3 (a) AUTHORITY.—Section 9317(a) of title 10, United

4 States Code, is amended to read as follows:

5 ‘‘(a) AUTHORITY.—Upon the recommendation of the

6 faculty of a school of the Air University, the Commander

7 of the Air University may confer a degree upon graduates

8 of that school who fulfill the requirements for the degree,

9 as follows:

10 ‘‘(1) The degree of master of strategic studies,

11 for the Air War College.

12 ‘‘(2) The degree of master of military oper13 ational art and science, for the Air Command and

14 Staff College.

15 ‘‘(3) The degree of master of airpower art and

16 science, for the School of Advanced Airpower Stud17 ies.’’.

18 (b) CLERICAL AMENDMENTS.—(1) The heading of

19 that section is amended to read as follows:

20 ‘‘§ 9317. Air University: graduate-level degrees’’.

21 (2) The item relating to such section in the table of

22 sections at the beginning of chapter 901 of title 10, United

23 States Code, is amended to read as follows:

‘‘9317. Air University: graduate-level degrees.’’.
126

•S 1059 PCS

1 SEC. 538. PAYMENT OF TUITION FOR EDUCATION AND

2 TRAINING OF MEMBERS IN THE DEFENSE AC3 QUISITION WORKFORCE.

4 Section 1745(a) of title 10, United States Code, is

5 amended to read as follows:

6 ‘‘(a) TUITION REIMBURSEMENT AND TRAINING.—(1)

7 The Secretary of Defense shall provide for tuition reim8 bursement and training (including a full-time course of

9 study leading to a degree) for acquisition personnel in the

10 Department of Defense.

11 ‘‘(2) For civilian personnel, the reimbursement and

12 training shall be provided under section 4107(b) of title

13 5 for the purposes described in that section. For purposes

14 of such section 4107(b), there is deemed to be, until Sep15 tember 30, 2001, a shortage of qualified personnel to serve

16 in acquisition positions in the Department of Defense.

17 ‘‘(3) In the case of members of the armed forces, the

18 limitation in section 2007(a) of this title shall not apply

19 to tuition reimbursement and training provided for under

20 this subsection.’’.
127

•S 1059 PCS

1 SEC. 539. FINANCIAL ASSISTANCE PROGRAM FOR PURSUIT

2 OF DEGREES BY OFFICER CANDIDATES IN

3 MARINE CORPS PLATOON LEADERS CLASS

4 PROGRAM.

5 (a) IN GENERAL.—(1) Part IV of subtitle E of title

6 10, United States Code, is amended by adding at the end

7 the following:

8 ‘‘CHAPTER 1610—OTHER EDUCATIONAL

9 ASSISTANCE PROGRAMS

‘‘Sec.

‘‘16401. Marine Corps Platoon Leaders Class Program: officer candidates pursuing degrees.

10 ‘‘§ 16401. Marine Corps Platoon Leader’s Class Pro11 gram: officer candidates pursuing de12 grees

13 ‘‘(a) AUTHORITY.—The Secretary of the Navy may

14 provide financial assistance to an eligible enlisted member

15 of the Marine Corps Reserve for expenses of the member

16 while the member is pursuing on a full-time basis at an

17 institution of higher education a program of education ap18 proved by the Secretary that leads to—

19 ‘‘(1) a baccalaureate degree in less than five

20 academic years; or

21 ‘‘(2) a doctor of jurisprudence or bachelor of

22 laws degree in not more than three academic years.
128

•S 1059 PCS

1 ‘‘(b) ELIGIBILITY.—(1) To be eligible for receipt of

2 financial assistance under this section, an enlisted member

3 of the Marine Corps Reserve shall—

4 ‘‘(A) be an officer candidate in the Marine

5 Corps Platoon Leaders Class Program and have suc6 cessfully completed one six-week (or longer) incre7 ment of military training required under the pro8 gram;

9 ‘‘(B) satisfy the applicable age requirement of

10 paragraph (2);

11 ‘‘(C) be enrolled on a full-time basis in a pro12 gram of education referred to in subsection (a) at

13 any institution of higher education;

14 ‘‘(D) enter into a written agreement with the

15 Secretary—

16 ‘‘(i) to accept an appointment as a com17 missioned officer in the Marine Corps, if ten18 dered by the President;

19 ‘‘(ii) to serve on active duty for at least

20 five years; and

21 ‘‘(iii) under such terms and conditions as

22 shall be prescribed by the Secretary, to serve in

23 the Marine Corps Reserve until the eighth anni24 versary of the date of the appointment.
129

•S 1059 PCS

1 ‘‘(2)(A) To meet the age requirements of this para2 graph, a member pursuing a baccalaureate degree may not

3 be over 26 years of age on June 30 of the calendar year

4 in which the member is projected to be eligible for appoint5 ment as a commissioned officer in the Marine Corps

6 through the Marine Corps Platoon Leaders Class Pro7 gram, except that any such member who has served on

8 active duty in the armed forces may, on such date, be any

9 age under 30 years that exceeds 26 years by a number

10 of months that is not more than the number of months

11 that the member served on active duty.

12 ‘‘(B) To meet the age requirements of this para13 graph, a member pursuing a doctor of jurisprudence or

14 bachelor of laws degree may not be over 30 years of age

15 on June 30 of the calendar year in which the member is

16 projected to be eligible for appointment as a commissioned

17 officer in the Marine Corps through the Marine Corps Pla18 toon Leaders Class Program, except that any such mem19 ber who has served on active duty in the armed forces

20 may, on such date, be any age under 35 years that exceeds

21 30 years by a number of months that is not more than

22 the number of months that the member served on active

23 duty.

24 ‘‘(c) COVERED EXPENSES.—Expenses for which fi25 nancial assistance may be provided under this section are
130

•S 1059 PCS

1 tuition and fees charged by the institution of higher edu2 cation involved, the cost of books, and, in the case of a

3 program of education leading to a baccalaureate degree,

4 laboratory expenses.

5 ‘‘(d) AMOUNT.—The amount of financial assistance

6 provided to a member under this section shall be pre7 scribed by the Secretary, but may not exceed $5,200 for

8 any academic year.

9 ‘‘(e) LIMITATIONS.—(1) Financial assistance may be

10 provided to a member under this section only for three

11 consecutive academic years.

12 ‘‘(2) Not more than 1,200 members may participate

13 in the financial assistance program under this section in

14 any academic year.

15 ‘‘(f) FAILURE TO COMPLETE PROGRAM.—A member

16 in receipt of financial assistance under this section may

17 be ordered to active duty in the Marine Corps by the Sec18 retary to serve in an appropriate enlisted grade for such

19 period as the Secretary prescribes, but not for more than

20 four years, if the member—

21 ‘‘(1) completes the military and academic re22 quirements of the Marine Corps Platoon Leaders

23 Class Program and refuses to accept a commission

24 when offered;
131

•S 1059 PCS

1 ‘‘(2) fails to complete the military or academic

2 requirements of the Marine Corps Platoon Leaders

3 Class Program; or

4 ‘‘(3) is disenrolled from the Marine Corps Pla5 toon Leaders Class Program for failure to maintain

6 eligibility for an original appointment as a commis7 sioned officer under section 532 of this title.

8 ‘‘(g) INSTITUTION OF HIGHER EDUCATION DE9 FINED.—In this section, the term ‘institution of higher

10 education’ has the meaning given that term in section 101

11 of the Higher Education Act of 1965 (20 U.S.C. 1001).’’.

12 (2) The tables of chapters at the beginning of subtitle

13 E of such title and at the beginning of part IV of such

14 subtitle are amended by adding at the end the following:

‘‘1610. Other Educational Assistance Programs ....................16401’’.

15 (b) CONFORMING AMENDMENT.—Section 3695(a)(5)

16 of title 38, United States Code, is amended by striking

17 ‘‘Chapters 106 and 107’’ and inserting ‘‘Chapters 107,

18 1606, and 1610’’.

19 (c) COMPUTATION OF CREDITABLE SERVICE.—Sec20 tion 205 of title 37, United States Code, is amended by

21 adding at the end the following:

22 ‘‘(f) Notwithstanding subsection (a), the years of

23 service of a commissioned officer appointed under section

24 12209 of title 10 after receiving financial assistance under

25 section 16401 of such title may not include a period of
132

•S 1059 PCS

1 service after the date of the establishment of the program

2 of financial assistance by the Secretary that the officer

3 performed concurrently as a member of the Marine Corps

4 Platoon Leaders Class Program and the Marine Corps Re5 serve, except for any period of service that the officer per6 formed (concurrently with the period of service as a mem7 ber of the Marine Corps Platoon Leaders Class Program)

8 as an enlisted member on active duty or as a member of

9 the Selected Reserve.’’.

10 (d) TRANSITION PROVISION.—(1) An enlisted mem11 ber of the Marine Corps Reserve selected for training as

12 an officer candidate under section 12209 of title 10,

13 United States Code, before implementation of a financial

14 assistance program under section 12216 of such title (as

15 added by subsection (a)) may, upon application, partici16 pate in the financial assistance program established under

17 section 12216 of such title (as added by subsection (a))

18 if the member—

19 (A) is eligible for financial assistance under

20 such section 12216;

21 (B) submits a request for the financial assist22 ance to the Secretary of the Navy not later than 180

23 days after the date on which the Secretary estab24 lishes the financial assistance program; and
133

•S 1059 PCS

1 (C) enters in a written agreement described in

2 subsection (b)(4) of such section 12216.

3 (2) Section 205(f) of title 37, United States Code,

4 as added by subsection (c), applies to a member referred

5 to in paragraph (1).

6 Subtitle D—Decorations, Awards,

7 and Commendations

8 SEC. 551. WAIVER OF TIME LIMITATIONS FOR AWARD OF

9 CERTAIN DECORATIONS TO CERTAIN PER10 SON.

11 (a) WAIVER.—Any limitation established by law or

12 policy for the time within which a recommendation for the

13 award of a military decoration or award must be sub14 mitted shall not apply to award of the decoration as de15 scribed in subsection (b), the award of such decoration

16 having been determined by the Secretary of Transpor17 tation to be warranted in accordance with section 1130

18 of title 10, United States Code.

19 (b) COAST GUARD COMMENDATION MEDAL.—Sub20 section (a) applies to the award of the Coast Guard Com21 mendation Medal to Mark H. Freeman, of Seattle, Wash22 ington for heroic achievement performed in a manner

23 above that normally to be expected during rescue oper24 ations for the S.S. Seagate, in September 1956, while
134

•S 1059 PCS

1 serving as a member of the Coast Guard at Gray Harbor

2 Lifeboat Station, Westport, Washington.

3 Subtitle E—Amendments to

4 Uniform Code of Military Justice

5 SEC. 561. INCREASE IN SENTENCING JURISDICTION OF

6 SPECIAL COURTS-MARTIAL AUTHORIZED TO

7 ADJUDGE A BAD CONDUCT DISCHARGE.

8 (a) INCREASE IN JURISDICTION.—Section 819 of

9 title 10, United States Code (article 19 of the Uniform

10 Code of Military Justice), is amended—

11 (1) in the second sentence, by striking ‘‘six

12 months’’ both places it appears and inserting ‘‘one

13 year’’; and

14 (2) in the third sentence, by inserting after ‘‘A

15 bad conduct discharge’’ the following: ‘‘, confinement

16 for more than six months, or forfeiture of pay for

17 more than six months’’.

18 (b) EFFECTIVE DATE.—The amendments made by

19 subsection (a) shall take effect on the first day of the sixth

20 month following the month in which this Act is enacted,

21 and shall apply with respect to charges referred to trial

22 by special courts-martial on or after that effective date.
135

•S 1059 PCS

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:
136

•S 1059 PCS

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
137

•S 1059 PCS

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.
138

•S 1059 PCS

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.
139

•S 1059 PCS

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
140

•S 1059 PCS

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.
141

•S 1059 PCS

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.
142

•S 1059 PCS

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-
143

•S 1059 PCS

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-
144

•S 1059 PCS

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—
145

•S 1059 PCS

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
146

•S 1059 PCS

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;
147

•S 1059 PCS

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.’’.
148

•S 1059 PCS

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:
149

•S 1059 PCS

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
150

•S 1059 PCS

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
151

•S 1059 PCS

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.
152

•S 1059 PCS

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
153

•S 1059 PCS

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 the United States

19 personnel (and their families) and the people of that

20 host foreign nation through programs that foster so21 cial relations between those persons.’’.
154

•S 1059 PCS

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;
155

•S 1059 PCS

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
156

•S 1059 PCS

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—
157

•S 1059 PCS

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
158

•S 1059 PCS

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.
159

•S 1059 PCS

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.
160

•S 1059 PCS

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.’’.
161

•S 1059 PCS

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—
162

•S 1059 PCS

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—
163

•S 1059 PCS

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
164

•S 1059 PCS

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-
165

•S 1059 PCS

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
166

•S 1059 PCS

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.
167

•S 1059 PCS

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
168

•S 1059 PCS

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
169

•S 1059 PCS

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
170

•S 1059 PCS

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.
171

•S 1059 PCS

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-
172

•S 1059 PCS

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.
173

•S 1059 PCS

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).
174

•S 1059 PCS

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
175

•S 1059 PCS

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:
176

•S 1059 PCS

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.
177

•S 1059 PCS

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;
178

•S 1059 PCS

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;
179

•S 1059 PCS

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
180

•S 1059 PCS

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:
181

•S 1059 PCS

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.’’.
182

•S 1059 PCS

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-
183

•S 1059 PCS

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
184

•S 1059 PCS

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.
185

•S 1059 PCS

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-
186

•S 1059 PCS

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
187

•S 1059 PCS

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
188

•S 1059 PCS

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).
189

•S 1059 PCS

1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. FISCAL YEAR 2000 INCREASE AND RESTRUC5 TURING OF BASIC PAY.

6 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

7 adjustment required by section 1009 of title 37, United

8 States Code, in the rates of monthly basic pay authorized

9 members of the uniformed services by section 203(a) of

10 such title to become effective during fiscal year 2000 shall

11 not be made.

12 (b) JANUARY 1, 2000, INCREASE IN BASIC PAY.—

13 Effective on January 1, 2000, the rates of monthly basic

14 pay for members of the uniformed services shall be in15 creased by 4.8 percent.

16 (c) BASIC PAY REFORM.—Effective on July 1, 2000,

17 the rates of monthly basic pay for members of the uni18 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
190

•S 1059 PCS

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 ... 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

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
191

•S 1059 PCS

WARRANT OFFICERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 .. $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .. 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40

W–3 .. 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30

W–2 .. 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10

W–1 .. 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 .. $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .. 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60

W–3 .. 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20

W–2 .. 2,555.40 2,852.60 2,749.80 2,844.30 2,949.00

W–1 .. 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 .. $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40

W–4 .. 3,888.00 4,019.00 4,155.60 4,289.70 4,427.10

W–3 .. 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90

W–2 .. 3,058.40 3,163.80 3,270.90 3,378.30 3,378.30

W–1 .. 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90

ENLISTED MEMBERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 4 $0.00 $0.00 $0.00 $0.00 $0.00

E–8 ... 0.00 0.00 0.00 0.00 0.00

E–7 ... 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70

E–6 ... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30

E–5 ... 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50

E–4 ... 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90

E–3 ... 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90

E–2 ... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40

E–1 ... 5 1,005.60 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
192

•S 1059 PCS

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–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—

6 (1) by inserting ‘‘(1)’’ after ‘‘(c) EQUAL PER7 CENTAGE INCREASE FOR ALL MEMBERS.—’’; and

8 (2) by adding at the end the following:

9 ‘‘(2) Notwithstanding paragraph (1), but subject to

10 subsection (d), an adjustment taking effect under this sec11 tion during each of fiscal years 2001 through 2006 shall

12 provide all eligible members with an increase in the month13 ly basic pay by the percentage equal to the sum of one

14 percent plus the percentage calculated as provided under

15 section 5303(a) of title 5 for such fiscal year (without re16 gard to whether rates of pay under the statutory pay sys17 tems are actually increased during such fiscal year under

18 that section by the percentage so calculated).’’.

19 (b) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall take effect on October 1, 2000.
193

•S 1059 PCS

1 SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE FOR FOOD

2 STAMP ELIGIBLE MEMBERS.

3 (a) ALLOWANCE.—(1) Chapter 7 of title 37, United

4 States Code, is amended by inserting after section 402 the

5 following new section:

6 ‘‘§ 402a. Special subsistence allowance: members eli7 gible for food stamps

8 ‘‘(a) ENTITLEMENT.—Upon the application of an eli9 gible member of a uniformed service described in sub10 section (b)(1), the Secretary concerned shall pay the mem11 ber a special subsistence allowance for each month for

12 which the member is eligible to receive food stamp assist13 ance, as determined by the Secretary.

14 ‘‘(b) COVERED MEMBERS.—(1) A member referred

15 to subsection (a) is an enlisted member in pay grade E–

16 5 or below.

17 ‘‘(2) For the purposes of this section, a member shall

18 be considered as being eligible to receive food stamp assist19 ance if the household of the member meets the income

20 standards of eligibility established under section 5(c)(2)

21 of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(2)),

22 not taking into account the special subsistence allowance

23 that may be payable to the member under this section and

24 any allowance that is payable to the member under section

25 403 or 404a of this title.
194

•S 1059 PCS

1 ‘‘(c) TERMINATION OF ENTITLEMENT.—The entitle2 ment of a member to receive payment of a special subsist3 ence allowance terminates upon the occurrence of any of

4 the following events:

5 ‘‘(1) Termination of eligibility for food stamp

6 assistance.

7 ‘‘(2) Payment of the special subsistence allow8 ance for 12 consecutive months.

9 ‘‘(3) Promotion of the member to a higher

10 grade.

11 ‘‘(4) Transfer of the member in a permanent

12 change of station.

13 ‘‘(d) REESTABLISHED ENTITLEMENT.—(1) After a

14 termination of a member’s entitlement to the special sub15 sistence allowance under subsection (c), the Secretary con16 cerned shall resume payment of the special subsistence al17 lowance to the member if the Secretary determines, upon

18 further application of the member, that the member is eli19 gible to receive food stamps.

20 ‘‘(2) Payments resumed under this subsection shall

21 terminate under subsection (c) upon the occurrence of an

22 event described in that subsection after the resumption of

23 the payments.

24 ‘‘(3) The number of times that payments are resumed

25 under this subsection is unlimited.
195

•S 1059 PCS

1 ‘‘(e) DOCUMENTATION OF ELIGIBILITY.—A member

2 of the uniformed services applying for the special subsist3 ence allowance under this section shall furnish the Sec4 retary concerned with such evidence of the member’s eligi5 bility for food stamp assistance as the Secretary may re6 quire in connection with the application.

7 ‘‘(f) AMOUNT OF ALLOWANCE.—The monthly

8 amount of the special subsistence allowance under this

9 section is $180.

10 ‘‘(g) RELATIONSHIP TO BASIC ALLOWANCE FOR

11 SUBSISTENCE.—The special subsistence allowance under

12 this section is in addition to the basic allowance for sub13 sistence under section 402 of this title.

14 ‘‘(h) FOOD STAMP ASSISTANCE DEFINED.—In this

15 section, the term ‘food stamp assistance’ means assistance

16 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et

17 seq.).

18 ‘‘(i) TERMINATION OF AUTHORITY.—No special sub19 sistence allowance may be made under this section for any

20 month beginning after September 30, 2004.’’.

21 (2) The table of sections at the beginning of such

22 chapter is amended by inserting after the item relating

23 to section 402 the following:

‘‘402a. Special subsistence allowance: members eligible for food stamps.’’.

24 (b) EFFECTIVE DATE.—Section 402a of title 37,

25 United States Code, shall take effect on the first day of
196

•S 1059 PCS

1 the first month that begins not less than 180 days after

2 the date of the enactment of this Act.

3 (c) ANNUAL REPORT.—(1) Not later than March 1

4 of each year after 1999, the Secretary of Defense shall

5 submit to Congress a report setting forth the number of

6 members of the uniformed services who are eligible for as7 sistance under the Food Stamp Act of 1977 (7 U.S.C.

8 2011 et seq.).

9 (2) In preparing the report, the Secretary shall con10 sult with the Secretary of Transportation (with respect to

11 the Coast Guard), who shall provide the Secretary of De12 fense with any information that the Secretary determines

13 necessary to prepare the report.

14 (3) No report is required under this section after

15 March 1, 2004.

16 SEC. 604. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION

17 WITH A REENLISTMENT.

18 Section 501 of title 37, United States Code, is

19 amended—

20 (1) in subsection (a)(1), by inserting ‘‘, termi21 nation of an enlistment in conjunction with the com22 mencement of a successive enlistment (without re23 gard to the date of the expiration of the term of the

24 enlistment being terminated),’’ after ‘‘honorable con25 ditions’’; and
197

•S 1059 PCS

1 (2) in subsection (b)(2), by striking ‘‘, or enter2 ing into an enlistment,’’.

3 SEC. 605. CONTINUANCE OF PAY AND ALLOWANCES WHILE

4 IN DUTY STATUS (WHEREABOUTS UNKNOWN).

5 (a) CONTINUANCE OF PAY AND ALLOWANCES.—(1)

6 Chapter 10 of title 37, United States Code, is amended

7 by inserting after section 552 the following:

8 ‘‘§ 552a. Pay and allowances: continuation while in a

9 duty status (whereabouts unknown); limi10 tations

11 ‘‘For any period that a member of a uniformed serv12 ice on active duty or performing inactive-duty training is

13 in a duty status (whereabouts unknown), section 552 of

14 this title, except for subsections (d) and (e), shall apply

15 to the member as if the member were in a missing status

16 for that period.’’.

17 (2) The table of sections at the beginning of chapter

18 10 of such title is amended by inserting after the item

19 relating to section 552 the following:

‘‘552a. Pay and allowances: continuation while in a duty status (whereabouts

unknown); limitations.’’.

20 (b) DEFINITION OF DUTY STATUS (WHEREABOUTS

21 UNKNOWN).—Section 551 of such title is amended—

22 (1) by redesignating paragraph (3) as para23 graph (4); and
198

•S 1059 PCS

1 (2) by inserting after paragraph (2) the fol2 lowing new paragraph (3):

3 ‘‘(3) The term ‘duty status (whereabouts un4 known)’ means a transitory casualty status des5 ignated for a member of uniformed service by a com6 mander responsible for accounting for the member

7 when the commander suspects that the member is a

8 casualty whose absence is involuntary and does not

9 consider the available relevant evidence sufficient for

10 making a definite determination that the member is

11 missing, has deserted, is absent without leave, or is

12 dead.’’.

13 SEC. 606. EQUITABLE TREATMENT OF CLASS OF 1987 OF

14 THE UNIFORMED SERVICES UNIVERSITY OF

15 THE HEALTH SCIENCES.

16 (a) YEARS OF SERVICE CREDIT.—An officer of the

17 uniformed services who entered the Uniformed Services

18 University of the Health Sciences as a student in 1983

19 and who successfully completed the course of instruction

20 at the University in 1987 shall be treated for purposes

21 of determining pay and years of service in the same man22 ner as a student at the University who graduated in 1986,

23 notwithstanding the enactment of the Defense Officer Per24 sonnel Management Act (Public Law 96–513; 94 Stat.

25 2835).
199

•S 1059 PCS

1 (b) PROSPECTIVE APPLICABILITY.—This section

2 shall take effect on October 1, 1999. No entitlement to

3 increased pay or allowances accrues for periods before

4 such date, and no eligibility accrues for consideration for

5 selection for promotions by boards convened before such

6 date.

7 Subtitle B—Bonuses and Special

8 and Incentive Pays

9 SEC. 611. ONE-YEAR EXTENSION OF AUTHORITIES RELAT10 ING TO PAYMENT OF CERTAIN BONUSES AND

11 SPECIAL PAYS.

12 (a) AVIATION OFFICER RETENTION BONUS.—Sec13 tion 301b(a) of title 37, United States Code, is amended

14 by striking ‘‘December 31, 1999,’’ and inserting ‘‘Decem15 ber 31, 2000,’’.

16 (b) REENLISTMENT BONUS FOR ACTIVE MEM17 BERS.—Section 308(g) of title 37, United States Code, is

18 amended by striking ‘‘December 31, 1999’’ and inserting

19 ‘‘December 31, 2000’’.

20 (c) ENLISTMENT BONUSES FOR MEMBERS WITH

21 CRITICAL SKILLS.—Sections 308a(c) and 308f(c) of title

22 37, United States Code, are each amended by striking

23 ‘‘December 31, 1999’’ and inserting ‘‘December 31,

24 2000’’.
200

•S 1059 PCS

1 (d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI2 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

3 312(e) of title 37, United States Code, is amended by

4 striking ‘‘December 31, 1999’’ and inserting ‘‘December

5 31, 2000’’.

6 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

7 312b(c) of title 37, United States Code, is amended by

8 striking ‘‘December 31, 1999’’ and inserting ‘‘December

9 31, 2000’’.

10 (f) NUCLEAR CAREER ANNUAL INCENTIVE

11 BONUS.—Section 312c(d) of title 37, United States Code,

12 is amended by striking ‘‘any fiscal year beginning before

13 October 1, 1998, and the 15-month period beginning on

14 that date and ending on December 31, 1999’’ and insert15 ing ‘‘the 15-month period beginning on October 1, 1998,

16 and ending on December 31, 1999, and any year begin17 ning after December 31, 1999, and ending before January

18 1, 2001’’.

19 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES

20 AND SPECIAL PAY AUTHORITIES FOR RE21 SERVE FORCES.

22 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

23 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

24 302g(f) of title 37, United States Code, is amended by
201

•S 1059 PCS

1 striking ‘‘December 31, 1999’’ and inserting ‘‘December

2 31, 2000’’.

3 (b) SELECTED RESERVE REENLISTMENT BONUS.—

4 Section 308b(f) of title 37, United States Code, is amend5 ed by striking ‘‘December 31, 1999’’ and inserting ‘‘De6 cember 31, 2000’’.

7 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec8 tion 308c(e) of title 37, United States Code, is amended

9 by striking ‘‘December 31, 1999’’ and inserting ‘‘Decem10 ber 31, 2000’’.

11 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS12 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

13 308d(c) of title 37, United States Code, is amended by

14 striking ‘‘December 31, 1999’’ and inserting ‘‘December

15 31, 2000’’.

16 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec17 tion 308e(e) of title 37, United States Code, is amended

18 by striking ‘‘December 31, 1999’’ and inserting ‘‘Decem19 ber 31, 2000’’.

20 (f) READY RESERVE ENLISTMENT AND REENLIST21 MENT BONUS.—Section 308h(g) of title 37, United States

22 Code, is amended by striking ‘‘December 31, 1999’’ and

23 inserting ‘‘December 31, 2000’’.

24 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

25 308i(f) of title 37, United States Code, is amended by
202

•S 1059 PCS

1 striking ‘‘December 31, 1999’’ and inserting ‘‘December

2 31, 2000’’.

3 (h) REPAYMENT OF EDUCATION LOANS FOR CER4 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE5 LECTED RESERVE.—Section 16302(d) of title 10, United

6 States Code, is amended by striking ‘‘January 1, 2000’’

7 and inserting in lieu thereof ‘‘January 1, 2001’’.

8 SEC. 613. ONE-YEAR EXTENSION OF CERTAIN BONUSES

9 AND SPECIAL PAY AUTHORITIES FOR NURSE

10 OFFICER CANDIDATES, REGISTERED NURSES,

11 AND NURSE ANESTHETISTS.

12 (a) NURSE OFFICER CANDIDATE ACCESSION PRO13 GRAM.—Section 2130a(a)(1) of title 10, United States

14 Code, is amended by striking ‘‘December 31, 1999’’ and

15 inserting ‘‘December 31, 2000’’.

16 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

17 Section 302d(a)(1) of title 37, United States Code, is

18 amended by striking ‘‘December 31, 1999’’ and inserting

19 ‘‘December 31, 2000’’.

20 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES21 THETISTS.—Section 302e(a)(1) of title 37, United States

22 Code, is amended by striking ‘‘December 31, 1999’’ and

23 inserting in lieu thereof ‘‘December 31, 2000’’.
203

•S 1059 PCS

1 SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY

2 FOR AIR BATTLE MANAGERS FORMERLY ELI3 GIBLE FOR HAZARDOUS DUTY PAY.

4 (a) SAVE PAY PROVISION.—Section 301a(b) of title

5 37, United States Code, is amended by adding at the end

6 the following:

7 ‘‘(4) The amount of the monthly incentive pay pay8 able under this section to an air battle manager who was

9 receiving incentive pay under section 301(c)(2)(A) of this

10 title immediately before becoming eligible for incentive pay

11 under this section shall be the higher of—

12 ‘‘(A) the monthly rate of incentive pay that the

13 member was receiving under section 301(c)(2)(A) of

14 this title; or

15 ‘‘(B) the rate applicable to the member under

16 paragraph (1), (2), or (3).’’.

17 (b) EFFECTIVE DATE.—The amendments made by

18 subsection (a) shall take effect on October 1, 1999, and

19 shall apply with respect to months beginning on or after

20 that date.

21 SEC. 615. AVIATION CAREER OFFICER SPECIAL PAY.

22 (a) PERIOD OF AUTHORITY.—Subsection (a) of sec23 tion 301b of title 37, United States Code, is amended—

24 (1) by inserting ‘‘(1)’’ after ‘‘AUTHORIZED.—’’;

25 (2) by striking ‘‘during the period beginning on

26 January 1, 1989, and ending on December 31,
204

•S 1059 PCS

1 1999,’’ and inserting ‘‘during the period described in

2 paragraph (2),’’; and

3 (3) adding at the end the following:

4 ‘‘(2) Paragraph (1) applies with respect to agree5 ments executed during the period beginning on the first

6 day of the first month that begins on or after the date

7 of the enactment of the National Defense Authorization

8 Act for Fiscal Year 2000 and ending on December 31,

9 2004.’’.

10 (b) REPEAL OF LIMITATION TO CERTAIN YEARS OF

11 CAREER AVIATION SERVICE.—Subsection (b) of such sec12 tion is amended—

13 (1) by striking paragraph (5);

14 (2) by inserting ‘‘and’’ at the end of paragraph

15 (4); and

16 (3) by redesignating paragraph (6) as para17 graph (5).

18 (c) REPEAL OF LOWER ALTERNATIVE AMOUNT FOR

19 AGREEMENT TO SERVE FOR 3 OR FEWER YEARS.—Sub20 section (c) of such section is amended by striking

21 ‘‘than—’’ and all that follows and inserting ‘‘than

22 $25,000 for each year covered by the written agreement

23 to remain on active duty.’’.

24 (d) PRORATION AUTHORITY FOR COVERAGE OF IN25 CREASED PERIOD OF ELIGIBILITY.—Subsection (d) of
205

•S 1059 PCS

1 such section is amended by striking ‘‘14 years of commis2 sioned service’’ and inserting ‘‘25 years of aviation serv3 ice’’.

4 (e) TERMINOLOGY.—Such section is further

5 amended—

6 (1) in subsection (f), by striking ‘‘A retention

7 bonus’’ and inserting ‘‘Any amount’’; and

8 (2) in subsection (i)(1), by striking ‘‘retention

9 bonuses’’ in the first sentence and inserting ‘‘special

10 pay under this section’’.

11 (f) REPEAL OF CONTENT REQUIREMENTS FOR AN12 NUAL REPORT.—Subsection (i)(1) of such section is fur13 ther amended by striking the second sentence.

14 (g) TECHNICAL AMENDMENT.—Subsection (g)(3) of

15 such section if amended by striking the second sentence.

16 (h) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall take effect on the first

18 day of the first month that begins on or after the date

19 of the enactment of this Act.

20 SEC. 616. CAREER ENLISTED FLYER INCENTIVE PAY.

21 (a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of

22 title 37, United States Code, is amended by inserting after

23 section 301e the following new section 301f:
206

•S 1059 PCS

1 ‘‘§ 301f. Incentive pay: career enlisted flyers

2 ‘‘(a) PAY AUTHORIZED.—An enlisted member de3 scribed in subsection (b) may be paid career enlisted flyer

4 incentive pay as provided in this section.

5 ‘‘(b) ELIGIBLE MEMBERS.—An enlisted member re6 ferred to in subsection (a) is an enlisted member of the

7 armed forces who—

8 ‘‘(1) is entitled to basic pay under section 204

9 of this title or is entitled to compensation under

10 paragraph (1) or (2) of section 206(a) of this title;

11 ‘‘(2) holds a military occupational specialty or

12 military rating designated as a career enlisted flyer

13 specialty or rating by the Secretary concerned in

14 regulations prescribed under subsection (f) and con15 tinues to be proficient in the skills required for that

16 specialty or rating, or is in training leading to the

17 award of such a specialty or rating; and

18 ‘‘(3) is qualified for aviation service.

19 ‘‘(c) MONTHLY PAYMENT.—(1) Career enlisted flyer

20 incentive pay may be paid a member referred to in sub21 section (b) for each month in which the member performs

22 aviation service that involves frequent and regular per23 formance of operational flying duty by the member.

24 ‘‘(2)(A) Career enlisted flyer incentive pay may be

25 paid a member referred to in subsection (b) for each

26 month in which the member performs service, without re-
207

•S 1059 PCS

1 gard to whether or the extent to which the member per2 forms operational flying duty during the month, as fol3 lows:

4 ‘‘(i) In the case of a member who has per5 formed at least 6, and not more than 15, years of

6 aviation service, the member may be so paid after

7 the member has frequently and regularly performed

8 operational flying duty in each of 72 months if the

9 member so performed in at least that number of

10 months before completing the member’s first 10

11 years of performance of aviation service.

12 ‘‘(ii) In the case of a member who has per13 formed more than 15, and not more than 20, years

14 of aviation service, the member may be so paid after

15 the member has frequently and regularly performed

16 operational flying duty in each of 108 months if the

17 member so performed in at least that number of

18 months before completing the member’s first 15

19 years of performance of aviation service.

20 ‘‘(iii) In the case of a member who has per21 formed more than 20, and not more than 25, years

22 of aviation service, the member may be so paid after

23 the member has frequently and regularly performed

24 operational flying duty in each of 168 months if the

25 member so performed in at least that number of
208

•S 1059 PCS

1 months before completing the member’s first 20

2 years of performance of aviation service.

3 ‘‘(B) The Secretary concerned, or a designee of the

4 Secretary concerned not below the level of personnel chief

5 of the armed force concerned, may reduce the minimum

6 number of months of frequent and regular performance

7 of operational flying duty applicable in the case of a par8 ticular member under—

9 ‘‘(i) subparagraph (A)(i) to 60 months;

10 ‘‘(ii) subparagraph (A)(ii) to 96 months; or

11 ‘‘(iii) subparagraph (A)(iii) to 144 months.

12 ‘‘(C) A member may not be paid career enlisted flyer

13 incentive pay in the manner provided under subparagraph

14 (A) after the member has completed 25 years of aviation

15 service.

16 ‘‘(d) MONTHLY RATES.—(1) The monthly rate of any

17 career enlisted flyer incentive pay paid under this section

18 to a member on active duty shall be prescribed by the Sec19 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.

20 ‘‘(2) The monthly rate of any career enlisted flyer in21 centive pay paid under this section to a member of a re22 serve component for each period of inactive-duty training

23 during which aviation service is performed shall be equal
209

•S 1059 PCS

to 1 1 ⁄30 of the monthly rate of career enlisted flyer incentive

2 pay provided under paragraph (1) for a member on active

3 duty with the same number of years of aviation service.

4 ‘‘(e) NONAPPLICABILITY TO MEMBERS RECEIVING

5 HAZARDOUS DUTY INCENTIVE PAY OR SPECIAL PAY FOR

6 DIVING DUTY.—A member receiving incentive pay under

7 section 301(a) of this title or special pay under section

8 304 of this title may not be paid special pay under this

9 section for the same period of service.

10 ‘‘(f) REGULATIONS.—The Secretary concerned shall

11 prescribe regulations for the administration of this section.

12 The regulations shall include the following:

13 ‘‘(1) Definitions of the terms ‘aviation service’

14 and ‘frequently and regularly performed operational

15 flying duty’ for purposes of this section.

16 ‘‘(2) The military occupational specialties or

17 military rating, as the case may be, that are des18 ignated as career enlisted flyer specialties or ratings,

19 respectively, for purposes of this section.

20 ‘‘(g) DEFINITION.—In this section, the term ‘oper21 ational flying duty’ means—

22 ‘‘(1) flying performed under competent orders

23 while serving in assignments in which basic flying

24 skills normally are maintained in the performance of
210

•S 1059 PCS

1 assigned duties as determined by the Secretary con2 cerned; and

3 ‘‘(2) flying performed by members in training

4 that leads to the award of a military occupational

5 specialty or rating referred to in subsection (b)(2).’’.

6 (2) The table of sections at the beginning of chapter

7 5 of title 37, United States Code, is amended by inserting

8 after the item relating to section 301e the following new

9 item:

‘‘301f. Incentive pay; career enlisted flyers.’’.

10 (b) EFFECTIVE DATE.—The amendments made by

11 subsection (a) shall take effect on October 1, 1999.

12 (c) SAVE PAY PROVISION.—In the case of an enlisted

13 member of a uniformed service who is a designated career

14 enlisted flyer entitled to receive hazardous duty incentive

15 pay under section 301(b) or 301(c)(2)(A) of title 37,

16 United States Code, as of October 1, 1999, the member

17 shall be entitled from that date to payment of incentive

18 pay at the monthly rate that is the higher of—

19 (1) the monthly rate of incentive pay authorized

20 by such section 301(b) or 301(c)(2)(A) as of Sep21 tember 30, 1999; or

22 (2) the monthly rate of incentive pay authorized

23 by section 301f of title 37, United States Code, as

24 added by subsection (a).
211

•S 1059 PCS

1 SEC. 617. RETENTION BONUS FOR SPECIAL WARFARE OF2 FICERS EXTENDING PERIODS OF ACTIVE

3 DUTY.

4 (a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37,

5 United States Code, is amended by inserting after section

6 301f, as added by section 616 of this Act, the following

7 new section:

8 ‘‘§ 301g. Special pay: special warfare officers extend9 ing period of active duty

10 ‘‘(a) BONUS AUTHORIZED.—A special warfare officer

11 described in subsection (b) who executes a written agree12 ment to remain on active duty in special warfare service

13 for at least one year may, upon the acceptance of the

14 agreement by the Secretary concerned, be paid a retention

15 bonus as provided in this section.

16 ‘‘(b) COVERED OFFICERS.—A special warfare officer

17 referred to in subsection (a) is an officer of a uniformed

18 service who—

19 ‘‘(1) is qualified for a military occupational spe20 cialty or designator identified by the Secretary con21 cerned as a special warfare military occupational

22 specialty or designator and is serving in a position

23 for which that specialty or designator is authorized;

24 ‘‘(2) is in pay grade O–3, or is in pay grade O–

25 4 and is not on a list of officers recommended for
212

•S 1059 PCS

1 promotion, at the time the officer applies for an

2 agreement under this section;

3 ‘‘(3) has completed at least 6, but not more

4 than 14, years of active commissioned service; and

5 ‘‘(4) has completed any service commitment in6 curred to be commissioned as an officer.

7 ‘‘(c) AMOUNT OF BONUS.—The amount of a reten8 tion bonus paid under this section may not be more than

9 $15,000 for each year covered by the written agreement.

10 ‘‘(d) PRORATION.—The term of an agreement under

11 subsection (a) and the amount of the bonus payable under

12 subsection (c) may be prorated as long as such agreement

13 does not extend beyond the date on which the officer mak14 ing such agreement would complete 14 years of active

15 commissioned service.

16 ‘‘(e) PAYMENT.—Upon acceptance of a written agree17 ment under subsection (a) by the Secretary concerned, the

18 total amount payable pursuant to the agreement becomes

19 fixed and may be paid—

20 ‘‘(1) in a lump sum equal to the amount of half

21 the total amount payable under the agreement at the

22 time the agreement is accepted by the Secretary con23 cerned followed by payments of equal annual install24 ments on the anniversary of the acceptance of the

25 agreement until the payment in full of the balance
213

•S 1059 PCS

1 of the amount that remains payable under the agree2 ment after the payment of the lump sum amount

3 under this paragraph; or

4 ‘‘(2) in graduated annual payments under regu5 lations prescribed by the Secretary concerned with

6 the first payment being payable at the time the

7 agreement is accepted by the Secretary concerned

8 and subsequent payments being payable on the anni9 versaries of the acceptance of the agreement.

10 ‘‘(f) ADDITIONAL PAY.—A retention bonus paid

11 under this section is in addition to any other pay and al12 lowances to which an officer is entitled.

13 ‘‘(g) REPAYMENT.—(1) If an officer who has entered

14 into a written agreement under subsection (a) and has re15 ceived all or part of a retention bonus under this section

16 fails to complete the total period of active duty in special

17 warfare service as specified in the agreement, the Sec18 retary concerned may require the officer to repay the

19 United States, on a pro rata basis and to the extent that

20 the Secretary determines conditions and circumstances

21 warrant, all sums paid the officer under this section.

22 ‘‘(2) An obligation to repay the United States im23 posed under paragraph (1) is for all purposes a debt owed

24 to the United States.
214

•S 1059 PCS

1 ‘‘(3) A discharge in bankruptcy under title 11 that

2 is entered less than five years after the termination of a

3 written agreement entered into under subsection (a) does

4 not discharge the officer signing the agreement from a

5 debt arising under such agreement or under paragraph

6 (1).

7 ‘‘(h) REGULATIONS.—The Secretaries concerned

8 shall prescribe regulations to carry out this section, includ9 ing the definition of the term ‘special warfare service’ for

10 purposes of this section. Regulations prescribed by the

11 Secretary of a military department under this section shall

12 be subject to the approval of the Secretary of Defense.’’.

13 (2) The table of sections at the beginning of chapter

14 5 of title 37, United States Code, as amended by section

15 110(a) of this Act, is amended by inserting after the item

16 relating to section 301f the following new item:

‘‘301g. Special pay: special warfare officers extending period of active duty.’’.

17 (b) EFFECTIVE DATE.—The amendments made by

18 subsection (a) shall take effect on October 1, 1999.

19 SEC. 618. RETENTION BONUS FOR SURFACE WARFARE OF20 FICERS EXTENDING PERIODS OF ACTIVE

21 DUTY.

22 (a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37,

23 United States Code, is amended by inserting after section

24 301g, as added by section 617 of this Act, the following

25 new section:
215

•S 1059 PCS

1 ‘‘§ 301h. Special pay: surface warfare officers extend2 ing period of active duty

3 ‘‘(a) SPECIAL PAY AUTHORIZED.—(1) A surface war4 fare officer described in subsection (b) who executes a

5 written agreement described in paragraph (2) may, upon

6 the acceptance of the agreement by the Secretary of the

7 Navy, be paid a retention bonus as provided in this sec8 tion.

9 ‘‘(2) An agreement referred to in paragraph (1) is

10 an agreement in which the officer concerned agrees—

11 ‘‘(A) to remain on active duty for at least two

12 years and through the tenth year of active commis13 sioned service; and

14 ‘‘(B) to complete tours of duty to which the of15 ficer may be ordered during the period covered by

16 subparagraph (A) as a department head afloat.

17 ‘‘(b) COVERED OFFICERS.—A surface warfare officer

18 referred to in subsection (a) is an officer of the Regular

19 Navy or Naval Reserve on active duty who—

20 ‘‘(1) is designated and serving as a surface war21 fare officer;

22 ‘‘(2) is in pay grade O–3 at the time the officer

23 applies for an agreement under this section;

24 ‘‘(3) has been selected for assignment as a de25 partment head on a surface ship;
216

•S 1059 PCS

1 ‘‘(4) has completed at least four, but not more

2 than eight, years of active commissioned service; and

3 ‘‘(5) has completed any service commitment in4 curred to be commissioned as an officer.

5 ‘‘(c) AMOUNT OF BONUS.—The amount of a reten6 tion bonus paid under this section may not be more than

7 $15,000 for each year covered by the written agreement.

8 ‘‘(d) PRORATION.—The term of an agreement under

9 subsection (a) and the amount of the bonus payable under

10 subsection (c) may be prorated as long as such agreement

11 does not extend beyond the date on which the officer mak12 ing such agreement would complete 10 years of active

13 commissioned service.

14 ‘‘(e) PAYMENT.—Upon acceptance of a written agree15 ment under subsection (a) by the Secretary of the Navy,

16 the total amount payable pursuant to the agreement be17 comes fixed and may be paid—

18 ‘‘(1) in a lump sum equal to the amount of half

19 the total amount payable under the agreement at the

20 time the agreement is accepted by the Secretary fol21 lowed by payments of equal annual installments on

22 the anniversary of the acceptance of the agreement

23 until the payment in full of the balance of the

24 amount that remains payable under the agreement
217

•S 1059 PCS

1 after the payment of the lump sum amount under

2 this paragraph; or

3 ‘‘(2) in equal annual payments with the first

4 payment being payable at the time the agreement is

5 accepted by the Secretary and subsequent payments

6 being payable on the anniversaries of the acceptance

7 of the agreement.

8 ‘‘(f) ADDITIONAL PAY.—A retention bonus paid

9 under this section is in addition to any other pay and al10 lowances to which an officer is entitled.

11 ‘‘(g) REPAYMENT.—(1) If an officer who has entered

12 into a written agreement under subsection (a) and has re13 ceived all or part of a retention bonus under this section

14 fails to complete the total period of active duty specified

15 in the agreement, the Secretary of the Navy may require

16 the officer to repay the United States, on a pro rata basis

17 and to the extent that the Secretary determines conditions

18 and circumstances warrant, all sums paid under this sec19 tion.

20 ‘‘(2) An obligation to repay the United States im21 posed under paragraph (1) is for all purposes a debt

22 owned to the United States.

23 ‘‘(3) A discharge in bankruptcy under title 11 that

24 is entered less than five years after the termination of a

25 written agreement entered into under subsection (a) does
218

•S 1059 PCS

1 not discharge the officer signing the agreement from a

2 debt arising under such agreement or under paragraph

3 (1).

4 ‘‘(h) REGULATIONS.—The Secretary of the Navy

5 shall prescribe regulations to carry out this section.’’.

6 (2) The table of sections at the beginning of chapter

7 5 of title 37, United States Code, is amended by inserting

8 after the item relating to section 301g, as added by section

9 111(a) of this Act, the following new item:

‘‘301h. Special pay: surface warfare officers extending period of active duty.’’.

10 (b) EFFECTIVE DATE.—The amendments made by

11 subsection (a) shall take effect on October 1, 1999.

12 SEC. 619. ADDITIONAL SPECIAL PAY FOR BOARD CER13 TIFIED VETERINARIANS IN THE ARMED

14 FORCES AND PUBLIC HEALTH SERVICE.

15 (a) AUTHORITY.—Section 303 of title 37, United

16 States Code, is amended—

17 (1) by inserting ‘‘(a) MONTHLY SPECIAL

18 PAY.—’’ before ‘‘Each’’; and

19 (2) by adding at the end the following:

20 ‘‘(b) ADDITIONAL SPECIAL PAY FOR BOARD CER21 TIFICATION.—A commissioned officer entitled to special

22 pay under subsection (a) who has been awarded a diploma

23 as a Diplomate in a specialty recognized by the American

24 Veterinarian Medical Association is entitled to special pay

25 (in addition to the special pay under that subsection) at
219

•S 1059 PCS

1 the same rate as is provided under section 302c(b) of this

2 title for an officer referred to in that section who has the

3 same number of years of creditable service as the commis4 sioned officer.’’.

5 (b) EFFECTIVE DATE.—Section 303(b) of title 37,

6 United States Code, as added by subsection (a), shall

7 apply with respect to months beginning after September

8 30, 1999.

9 SEC. 620. INCREASE IN RATE OF DIVING DUTY SPECIAL

10 PAY.

11 (a) INCREASE.—Section 304(b) of title 37, United

12 States Code, is amended—

13 (1) by striking ‘‘$200’’ and inserting ‘‘$240’’;

14 and

15 (2) by striking ‘‘$300’’ and inserting ‘‘$340’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall take effect on October 1, 1999, and

18 shall apply with respect to special pay paid under section

19 304 of title 37, United States Code, for months beginning

20 on or after that date.

21 SEC. 621. INCREASE IN MAXIMUM AMOUNT AUTHORIZED

22 FOR REENLISTMENT BONUS FOR ACTIVE

23 MEMBERS.

24 (a) INCREASE IN MAXIMUM AMOUNT.—Section

25 308(a)(2) of title 37, United States Code, is amended—
220

•S 1059 PCS

1 (1) subparagraph (A)(i), by striking ‘‘ten’’ and

2 inserting ‘‘15’’; and

3 (2) in subparagraph (B), by striking ‘‘$45,000’’

4 and inserting ‘‘$60,000’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 subsection (a) shall take effect on October 1, 1999, and

7 shall apply with respect to reenlistments and extensions

8 of enlistments taking effect on or after that date.

9 SEC. 622. CRITICAL SKILLS ENLISTMENT BONUS.

10 (a) INCREASE.—Section 308a(a) of title 37, United

11 States Code, is amended in the first sentence by striking

12 ‘‘$12,000’’ and inserting ‘‘$20,000’’.

13 (b) LUMP-SUM PAYMENT OF CRITICAL SKILLS EN14 LISTMENT BONUS.—Section 308a(a) of title 37, United

15 States Code, is amended—

16 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

17 (2) by striking all after ‘‘may be paid a bonus’’

18 and inserting a period; and

19 (3) by adding at the end the following:

20 ‘‘(2) The appropriate Secretary shall prescribe in reg21 ulations the following:

22 ‘‘(A) The amount of the bonus, but not more

23 than $12,000.

24 ‘‘(B) Provisions for payment of the bonus in a

25 single lump sum or periodic installments in relation
221

•S 1059 PCS

1 to the attainment of one or more specified career

2 milestones appropriate to ensure that the terms of

3 the enlistment or extension are satisfied.’’.

4 (c) EFFECTIVE DATE.—The amendment made by

5 subsection (a) shall take effect on October 1, 1999, and

6 shall apply with respect enlistments and extensions of en7 listments taking effect on or after that date.

8 SEC. 623. SELECTED RESERVE ENLISTMENT BONUS.

9 (a) ELIMINATION OF REQUIREMENT FOR MINIMUM

10 PERIOD OF ENLISTMENT.—Subsection (a) of section 308c

11 of title 37, United States Code, is amended by striking

12 ‘‘for a term of enlistment of not less than six years’’.

13 (b) INCREASED MAXIMUM AMOUNT.—Subsection (b)

14 of such section is amended by striking ‘‘$5,000’’ and in15 serting ‘‘$8,000’’.

16 (c) EFFECTIVE DATE.—The amendments made by

17 subsections (a) and (b) shall take effect on October 1,

18 1999, and shall apply with respect to enlistments entered

19 into on or after that date.

20 SEC. 624. SPECIAL PAY FOR MEMBERS OF THE COAST

21 GUARD RESERVE ASSIGNED TO HIGH PRI22 ORITY UNITS OF THE SELECTED RESERVE.

23 Section 308d(a) of title 37, United States Code, is

24 amended by inserting ‘‘, or the Secretary of Transpor25 tation with respect to the Coast Guard when it is not oper-
222

•S 1059 PCS

1 ating as a service in the Navy, ’’ after ‘‘Secretary of De2 fense’’.

3 SEC. 625. REDUCED MINIMUM PERIOD OF ENLISTMENT IN

4 ARMY IN CRITICAL SKILL FOR ELIGIBILITY

5 FOR ENLISTMENT BONUS.

6 (a) REDUCED REQUIREMENT.—Paragraph (3) of

7 section 308f(a) of title 37, United States Code, is amend8 ed by striking ‘‘3 years’’ and inserting ‘‘2 years’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall take effect on October 1, 1999, and

11 shall apply with respect to enlistments entered into on or

12 after that date.

13 SEC. 626. ELIGIBILITY FOR RESERVE COMPONENT PRIOR

14 SERVICE ENLISTMENT BONUS UPON ATTAIN15 ING A CRITICAL SKILL.

16 (a) NEWLY ATTAINED CRITICAL SKILL.—Section

17 308i(a) of title 37, United States Code, is amended by

18 striking paragraph (2) and inserting the following:

19 ‘‘(2) A bonus may only be paid under this section

20 to a person who meets each of the following requirements:

21 ‘‘(A) The person has completed that person’s

22 military service obligation but has less than 14 years

23 of total military service.

24 ‘‘(B) The person has received an honorable dis25 charge at the conclusion of military service.
223

•S 1059 PCS

1 ‘‘(C) The person is not being released from ac2 tive service for the purpose of enlistment in a re3 serve component.

4 ‘‘(D) The person is position eligible under para5 graph (3).

6 ‘‘(E) The person has not previously been paid

7 a bonus (except under this section) for enlistment,

8 reenlistment, or extension of enlistment in a reserve

9 component.

10 ‘‘(3) A person is position eligible for the purposes of

11 paragraph (2)(D) if the person—

12 ‘‘(A) is projected to occupy a position as a

13 member of the Selected Reserve in a specialty in

14 which the person—

15 ‘‘(i) successfully served while a member on

16 active duty; and

17 ‘‘(ii) attained a level of qualification while

18 a member on active duty commensurate with

19 the grade and years of service of the member;

20 or

21 ‘‘(B) is occupying a position as a member of the

22 Selected Reserve in a specialty in which the

23 person—
224

•S 1059 PCS

1 ‘‘(i) has completed training or retraining in

2 the specialty skill that is designated as critically

3 short; and

4 ‘‘(ii) has attained a level of qualification in

5 the designated critically short specialty skill

6 that is commensurate with the member’s grade

7 and years of service.’’.

8 (b) EFFECTIVE DATE.—The amendment made by

9 subsection (a) shall take effect on the date of the enact10 ment of this Act and shall apply to enlistments beginning

11 on or after that date.

12 SEC. 627. INCREASE IN SPECIAL PAY AND BONUSES FOR

13 NUCLEAR-QUALIFIED OFFICERS.

14 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI15 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

16 312(a) of title 37, United States Code, is amended by

17 striking ‘‘$15,000’’ and inserting ‘‘$25,000’’.

18 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

19 312b(a)(1) of title 37, United States Code, is amended

20 by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’.

21 (c) NUCLEAR CAREER ANNUAL INCENTIVE BO22 NUSES.—Section 312c of title 37, United States Code, is

23 amended—

24 (1) in subsection (a)(1), by striking ‘‘$12,000’’

25 and inserting ‘‘$22,000’’; and
225

•S 1059 PCS

1 (2) in subsection (b)(1), by striking ‘‘$5,500’’

2 and inserting ‘‘$10,000’’.

3 (d) EFFECTIVE DATE.—(1) The amendments made

4 by this section shall take effect on October 1, 1999.

5 (2) The amendments made by subsections (a) and (b)

6 shall apply with respect to agreements accepted under sec7 tion 312(a) and 312b(a), respectively, of title 37, United

8 States Code, on or after October 1, 1999.

9 (3) The amendments made by subsection (c) shall

10 apply with respect to nuclear service years beginning on

11 or after October 1, 1999.

12 SEC. 628. INCREASE IN MAXIMUM MONTHLY RATE AU13 THORIZED FOR FOREIGN LANGUAGE PRO14 FICIENCY PAY.

15 (a) INCREASE IN MAXIMUM MONTHLY RATE.—Sec16 tion 316(b) of title 37, United States Code, is amended

17 by striking ‘‘$100’’ and inserting ‘‘$300’’.

18 (b) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall take effect on October 1, 1999, and

20 shall apply with respect to foreign language proficiency

21 pay paid under section 316 of title 37, United States

22 Code, for months beginning on or after that date.
226

•S 1059 PCS

1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 641. PAYMENT OF TEMPORARY LODGING EXPENSES

4 TO ENLISTED MEMBERS MAKING FIRST PER5 MANENT CHANGE OF STATION.

6 Section 404a(a) of title 37, United States Code, is

7 amended—

8 (1) in paragraph (1), by striking ‘‘or’’ at the

9 end of the paragraph;

10 (2) in paragraph (2), by inserting ‘‘or’’ after

11 the semicolon; and

12 (3) by inserting after paragraph (2) the fol13 lowing:

14 ‘‘(3) in the case of an enlisted member, to the

15 member’s first permanent duty station from the

16 member’s home of record or initial technical training

17 school;’’.

18 SEC. 642. DESTINATION AIRPORT FOR EMERGENCY LEAVE

19 TRAVEL TO THE CONTINENTAL UNITED

20 STATES.

21 Section 411d(b)(1)(A) of title 37, United States

22 Code, is amended to read as follows:

23 ‘‘(A) to either—

24 ‘‘(i) the international airport in the conti25 nental United States closest to the location
227

•S 1059 PCS

1 from which the member and the member’s de2 pendents departed; or

3 ‘‘(ii) any other airport in the continental

4 United States that is closer to the destination

5 than is that international airport if the cost of

6 the transportation to the other airport is less

7 expensive than the cost of the transportation to

8 that international airport; or’’.

9 SEC. 643. CLARIFICATION OF PER DIEM ELIGIBILITY OF

10 CERTAIN MILITARY TECHNICIANS (DUAL STA11 TUS) SERVING ON ACTIVE DUTY WITHOUT

12 PAY OUTSIDE THE UNITED STATES.

13 (a) CLARIFICATION.—Section 1002(b) of title 37,

14 United States Code, is amended—

15 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

16 (2) by adding at the end the following:

17 ‘‘(2) If the Secretary concerned determines that a

18 military technician (dual status) on leave from technician

19 employment under section 6323(d) of title 5 is performing

20 active duty without pay outside the United States without

21 having been afforded an adequate opportunity to satisfy

22 administrative requirements for a commutation of subsist23 ence and quarters under paragraph (1), the Secretary con24 cerned may authorize payment of a per diem allowance

25 to the technician under chapter 4 of this title instead of
228

•S 1059 PCS

1 the commutation while the technician is performing that

2 duty.’’.

3 (b) DEFINITION.—Section 101 of such title is amend4 ed by adding at the end the following:

5 ‘‘(27) The term ‘military technician (dual sta6 tus)’ has the meaning given the term in section

7 10216(a) of title 10.’’.

8 (c) RETROACTIVE EFFECTIVE DATE.—The amend9 ments made by this section shall be effective as of Feb10 ruary 10, 1996.

11 SEC. 644. EXPANSION AND CODIFICATION OF AUTHORITY

12 FOR SPACE REQUIRED TRAVEL ON MILITARY

13 AIRCRAFT FOR RESERVES PERFORMING IN14 ACTIVE-DUTY TRAINING OUTSIDE THE CON15 TINENTAL UNITED STATES.

16 (a) AUTHORITY.—(1) Chapter 1209 of title 10,

17 United States Code, is amended by adding at the end the

18 following new section:

19 ‘‘§ 12322. Reserves traveling to inactive-duty training

20 OCONUS: space required travel

21 ‘‘A member of a reserve component is authorized to

22 travel in a space required status on aircraft of the armed

23 forces between the member’s home and place of inactive24 duty training outside the continental United States (in25 cluding a place other than the place of the member’s unit
229

•S 1059 PCS

1 training assembly if the member is performing the inac2 tive-duty training in another location) when there is no

3 transportation between those locations by means of road,

4 railroad, or a combination of road and railroad. A member

5 traveling in that status on any such aircraft under the

6 authority of this section is not authorized to receive travel,

7 transportation, or per diem allowances in connection with

8 the travel.’’.

9 (2) The table of sections at the beginning of that

10 chapter is amended by adding at the end the following:

‘‘12322. Reserves traveling to inactive-duty training OCONUS: space required

travel.’’.

11 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section

12 8023 of Public Law 105–262 (112 Stat. 2302) is repealed.

13 (c) EFFECTIVE DATE.—This section and the amend14 ments made by this section shall take effect on the date

15 of the enactment of this Act and shall apply with respect

16 to travel commencing on or after that date.

17 SEC. 645. REIMBURSEMENT OF TRAVEL EXPENSES IN18 CURRED BY MEMBERS OF THE ARMED

19 FORCES IN CONNECTION WITH LEAVE CAN20 CELED FOR INVOLVEMENT IN KOSOVO-RE21 LATED ACTIVITIES.

22 (a) AUTHORITY.—The Secretary of the military de23 partment concerned may reimburse a member of the

24 Armed Forces under the jurisdiction of the Secretary for
230

•S 1059 PCS

1 expenses of travel (to the extent not otherwise reimburs2 able under law) that have been incurred by the member

3 in connection with approved leave canceled to meet an exi4 gency in connection with United States participation in

5 Operation Allied Force.

6 (b) ADMINISTRATIVE PROVISIONS.—The Secretary of

7 Defense shall prescribe the procedures and documentation

8 required for application for, and payment of, reimburse9 ments to members of the Armed Forces under subsection

10 (a).

11 Subtitle D—Retired Pay, Survivor

12 Benefits, and Related Matters

13 SEC. 651. RETIRED PAY OPTIONS FOR PERSONNEL ENTER14 ING UNIFORMED SERVICES ON OR AFTER AU15 GUST 1, 1986.

16 (a) REDUCED RETIRED PAY ONLY FOR MEMBERS

17 ELECTING 15-YEAR SERVICE BONUS.—(1) Paragraph (2)

18 of section 1409(b) of title 10, United States Code, is

19 amended by inserting after ‘‘July 31, 1986,’’ the following:

20 ‘‘has elected to receive a bonus under section 318 of title

21 37,’’.

22 (2)(A) Paragraph (2)(A) of section 1401a(b) of title

23 10, United States Code, is amended by striking ‘‘The Sec24 retary shall increase the retired pay of each member and

25 former member who first became a member of a uniformed
231

•S 1059 PCS

1 service before August 1, 1986,’’ and inserting ‘‘Except as

2 otherwise provided in this subsection, the Secretary shall

3 increase the retired pay of each member and former mem4 ber’’.

5 (B) Paragraph (3) of such section 1401a(b) is

6 amended by inserting after ‘‘August 1, 1986,’’ the fol7 lowing: ‘‘and has elected to receive a bonus under section

8 318 of title 37,’’.

9 (3) Section 1410 of title 10, United States Code, is

10 amended by inserting after ‘‘August 1, 1986,’’ the fol11 lowing: ‘‘who has elected to receive a bonus under section

12 318 of title 37,’’.

13 (b) OPTIONAL LUMP-SUM BONUS AT 15 YEARS OF

14 SERVICE.—(1) Chapter 5 of title 37, United States Code,

15 is amended by adding at the end the following new section:

16 ‘‘§ 318. Special pay: 15-year service bonus elected by

17 members entering on or after August 1,

18 1986

19 ‘‘(a) PAYMENT OF BONUS.—The Secretary concerned

20 shall pay a bonus to a member of a uniformed service who

21 is eligible and elects to receive the bonus under this sec22 tion.

23 ‘‘(b) ELIGIBILITY FOR BONUS.—A member of a uni24 formed service serving on active duty is eligible to receive

25 a bonus under this section if the member—
232

•S 1059 PCS

1 ‘‘(1) first became a member of a uniformed

2 service on or after August 1, 1986;

3 ‘‘(2) has completed 15 years of active duty in

4 the uniformed services; and

5 ‘‘(3) if not already obligated to remain on active

6 duty for a period that would result in at least 20

7 years of active-duty service, executes a written

8 agreement (prescribed by the Secretary concerned)

9 to remain continuously on active duty for five years

10 after the date of the completion of 15 years of ac11 tive-duty service.

12 ‘‘(c) ELECTION.—(1) A member eligible to receive a

13 bonus under this section may elect to receive the bonus.

14 The election shall be made in such form and within such

15 period as the Secretary concerned requires.

16 ‘‘(2) An election made under this subsection is irrev17 ocable.

18 ‘‘(d) NOTIFICATION OF ELIGIBILITY.—The Secretary

19 concerned shall transmit a written notification of the op20 portunity to elect to receive a bonus under this section

21 to each member who is eligible (or upon execution of an

22 agreement described in subsection (b)(3), would be eligi23 ble) to receive the bonus. The Secretary shall complete the

24 notification within 180 days after the date on which the

25 member completes 15 years of active duty. The notifica-
233

•S 1059 PCS

1 tion shall include the procedures for electing to receive the

2 bonus and an explanation of the effects under sections

3 1401a, 1409, and 1410 of title 10 that such an election

4 has on the computation of any retired or retainer pay

5 which the member may become eligible to receive.

6 ‘‘(e) FORM AND AMOUNT OF BONUS.—A bonus

7 under this section shall be paid in one lump sum of

8 $30,000.

9 ‘‘(f) TIME FOR PAYMENT.—Payment of a bonus to

10 a member electing to receive the bonus under this section

11 shall be made not later than the first month that begins

12 on or after the date that is 60 days after the Secretary

13 concerned receives from the member an election that satis14 fies the requirements imposed under subsection (c).

15 ‘‘(g) REPAYMENT OF BONUS.—(1) If a person paid

16 a bonus under this section fails to complete the total pe17 riod of active duty specified in the agreement entered into

18 under subsection (b)(3), the person shall refund to the

19 United States the amount that bears the same ratio to

20 the amount of the bonus payment as the unserved part

21 of that total period bears to the total period.

22 ‘‘(2) Subject to paragraph (3), an obligation to reim23 burse the United States imposed under paragraph (1) is

24 for all purposes a debt owed to the United States.
234

•S 1059 PCS

1 ‘‘(3) The Secretary concerned may waive, in whole

2 or in part, a refund required under paragraph (1) if the

3 Secretary concerned determines that recovery would be

4 against equity and good conscience or would be contrary

5 to the best interests of the United States.

6 ‘‘(4) A discharge in bankruptcy under title 11 that

7 is entered less than five years after the termination of an

8 agreement under this section does not discharge the mem9 ber signing such agreement from a debt arising under the

10 agreement or this subsection.’’.

11 (2) The table of sections at the beginning of such

12 chapter is amended by adding at the end the following

13 new item:

‘‘318. Special pay: 15-year service bonus elected by members entering on or

after August 1, 1986.’’.

14 (c) CONFORMING AMENDMENTS TO SURVIVOR BEN15 EFIT PLAN PROVISIONS.—(1) Section 1451(h)(3) of title

16 10, United States Code, is amended by inserting ‘‘OF CER17 TAIN MEMBERS’’ after ‘‘RETIREMENT’’.

18 (2) Section 1452(i) of such title is amended by strik19 ing ‘‘When the retired pay’’ and inserting ‘‘Whenever the

20 retired pay’’.

21 (d) RELATED TECHNICAL AMENDMENTS.—(1) Sec22 tion 1401a(b) of title 10, United States Code, is

23 amended—
235

•S 1059 PCS

1 (A) by striking the heading for paragraph (1)

2 and inserting ‘‘INCREASE REQUIRED.—’’;

3 (B) by striking the heading for paragraph (2)

4 and inserting ‘‘PERCENTAGE INCREASE.—’’; and

5 (C) by striking the heading for paragraph (3)

6 and inserting ‘‘REDUCED PERCENTAGE FOR CER7 TAIN POST-AUGUST 1, 1986 MEMBERS.—’’.

8 (2) Section 1409(b)(2) of title 10, United States

9 Code, is amended by inserting ‘‘CERTAIN’’ after ‘‘REDUC10 TION APPLICABLE TO’’ in the paragraph heading.

11 (3)(A) The heading of section 1410 of such title is

12 amended by inserting ‘‘certain’’ before ‘‘members’’.

13 (B) The item relating to such section in the table of

14 sections at the beginning of chapter 71 of title 10, United

15 States Code, is amended by inserting ‘‘certain’’ before

16 ‘‘members’’.

17 SEC. 652. PARTICIPATION IN THRIFT SAVINGS PLAN.

18 (a) PARTICIPATION AUTHORITY.—(1)(A) Chapter 3

19 of title 37, United States Code, is amended by adding at

20 the end the following:

21 ‘‘§ 211. Participation in Thrift Savings Plan

22 ‘‘(a) AUTHORITY.—A member of the uniformed serv23 ices serving on active duty and a member of the Ready

24 Reserve in any pay status may participate in the Thrift

25 Savings Plan in accordance with section 8440e of title 5.
236

•S 1059 PCS

1 ‘‘(b) RULE OF CONSTRUCTION REGARDING SEPARA2 TION.—For the purposes of section 8440e of title 5, the

3 following actions shall be considered separation of a mem4 ber of the uniformed services from Government employ5 ment:

6 ‘‘(1) Release of the member from active-duty

7 service (not followed by a resumption of active-duty

8 service within 30 days after the effective date of the

9 release).

10 ‘‘(2) Transfer of the member by the Secretary

11 concerned to a retired list maintained by the Sec12 retary.’’.

13 (B) The table of sections at the beginning of such

14 chapter is amended by adding at the end the following:

‘‘211. Participation in Thrift Savings Plan.’’.

15 (2)(A) Subchapter III of chapter 84 of title 5, United

16 States Code, is amended by adding at the end the fol17 lowing:

18 ‘‘§ 8440e. Members of the uniformed services on ac19 tive duty

20 ‘‘(a) PARTICIPATION AUTHORIZED.—(1) A member

21 of the uniformed services authorized to participate in the

22 Thrift Savings Plan under section 211(a) of title 37 may

23 contribute to the Thrift Savings Fund.

24 ‘‘(2) An election to contribute to the Thrift Savings

25 Fund under paragraph (1) may be made only during a
237

•S 1059 PCS

1 period provided under section 8432(b) for individuals sub2 ject to this chapter.

3 ‘‘(b) APPLICABILITY OF THRIFT SAVINGS PLAN PRO4 VISIONS.—Except as otherwise provided in this section,

5 the provisions of this subchapter and subchapter VII of

6 this chapter shall apply with respect to members of the

7 uniformed services making contributions to the Thrift

8 Savings Fund as if such members were employees within

9 the meaning of section 8401(11).

10 ‘‘(c) MAXIMUM CONTRIBUTION FROM PAY OR COM11 PENSATION.—(1) The amount contributed by a member

12 of the uniformed services for any pay period out of basic

13 pay may not exceed 5 percent of such member’s basic pay

14 for such pay period.

15 ‘‘(2) The amount contributed by a member of the

16 Ready Reserve for any pay period for any compensation

17 received under section 206 of title 37 may not exceed 5

18 percent of such member’s compensation for such pay pe19 riod, to the extent allowable under the Internal Revenue

20 Code of 1986.

21 ‘‘(d) OTHER MEMBER CONTRIBUTIONS.—A member

22 of the uniformed services making contributions to the

23 Thrift Savings Fund out of basic pay, or out of compensa24 tion under section 206 of title 37, may also contribute (by

25 direct transfer to the Fund) any part of any special or
238

•S 1059 PCS

1 incentive pay that the member receives under section 308,

2 308a through 308h, or 318 of title 37, to the extent allow3 able under the Internal Revenue Code of 1986.

4 ‘‘(e) AGENCY CONTRIBUTIONS GENERALLY PROHIB5 ITED.—Except as provided in section 211(c) of title 37,

6 no contribution under section 8432(c) of this title may be

7 made for the benefit of a member of the uniformed serv8 ices making contributions to the Thrift Savings Fund

9 under subsection (a).

10 ‘‘(f) BENEFITS AND ELECTIONS OF BENEFITS.—In

11 applying section 8433 to a member of the uniformed serv12 ices who has an account balance in the Thrift Savings

13 Fund—

14 ‘‘(1) any reference in such section to separation

15 from Government employment shall be construed to

16 refer to an action described in section 211(b) of title

17 37; and

18 ‘‘(2) the reference in section 8433(g)(1) to con19 tributions made under section 8432(a) shall be

20 treated as being a reference to contributions made to

21 the Fund by the member, whether made under sec22 tion 8351, 8432(a), or this section.

23 ‘‘(g) BASIC PAY DEFINED.—For purposes of this sec24 tion, the term ‘basic pay’ means basic pay that is payable

25 under section 204 of title 37.’’.
239

•S 1059 PCS

1 (B) The table of sections at the beginning of chapter

2 84 of title 5, United States Code, is amended by adding

3 after the item relating to section 8440d the following:

‘‘8440e. Members of the uniformed services on active duty.’’.

4 (3) Section 8432b(b) of title 5, United States Code,

5 is amended—

6 (A) in paragraph (1), by striking ‘‘Each em7 ployee’’ and inserting ‘‘Except as provided in para8 graph (4), each employee’’;

9 (B) by redesignating paragraph (4) as para10 graph (5); and

11 (C) by inserting after paragraph (3) the fol12 lowing new paragraph (4):

13 ‘‘(4) No contribution may be made under this section

14 for a period for which an employee made a contribution

15 under section 8440e.’’.

16 (4) Section 8473 of title 5, United States Code, is

17 amended—

18 (A) in subsection (a), by striking ‘‘14 mem19 bers’’ and inserting ‘‘15 members’’; and

20 (B) in subsection (b)—

21 (i) by striking ‘‘14 members’’ and inserting

22 ‘‘15 members’’;

23 (ii) by striking ‘‘and’’ at the end of para24 graph (8);
240

•S 1059 PCS

1 (iii) by striking the period at the end of

2 paragraph (9) and inserting ‘‘; and’’; and

3 (iv) by adding at the end the following:

4 ‘‘(10) 1 shall be appointed to represent partici5 pants (under section 8440e) who are members of the

6 uniformed services.’’.

7 (5) Paragraph (11) of section 8351(b) of title 5,

8 United States Code, is redesignated as paragraph (8).

9 (b) APPLICABILITY.—(1) Except as provided in para10 graph (2), the authority of members of the uniformed

11 services to participate in the Thrift Savings Plan under

12 section 211 of title 37, United States Code (as added by

13 subsection (a)(1)), shall take effect on July 1, 2000.

14 (2)(A) The Secretary of Defense may postpone the

15 authority of members of the Ready Reserve to so partici16 pate in the Thrift Savings Plan until 180 days after the

17 date specified in paragraph (1) if the Secretary, after con18 sultation with the Executive Director appointed by the

19 Federal Thrift Retirement Investment Board, determines

20 that permitting such members to participate in the Thrift

21 Savings Plan on that date would place an excessive burden

22 on the administrative capacity of the Board to accommo23 date participants in the Thrift Savings Plan.
241

•S 1059 PCS

1 (B) The Secretary shall notify the congressional de2 fense committees of any determination made under sub3 paragraph (A).

4 (c) REGULATIONS.—Not later than 180 days after

5 the date of the enactment of this Act, the Executive Direc6 tor appointed by the Federal Thrift Retirement Invest7 ment Board shall issue regulations to implement section

8 8440e of title 5, United States Code (as added by sub9 section (a)(2)) and section 211 of title 37, United States

10 Code (as added by subsection (a)(1)).

11 SEC. 653. SPECIAL RETENTION INITIATIVE.

12 Section 211 of title 37, United States Code, as added

13 by section 652, is amended by adding at the end the fol14 lowing:

15 ‘‘(c) AGENCY CONTRIBUTIONS FOR RETENTION IN

16 CRITICAL SPECIALTIES.—(1) The Secretary concerned

17 may enter into an agreement with a member to make con18 tributions to the Thrift Savings Fund for the benefit of

19 the member if the member—

20 ‘‘(A) is in a specialty designated by the Sec21 retary as critical to meet requirements (whether

22 such specialty is designated as critical to meet war23 time or peacetime requirements); and
242

•S 1059 PCS

1 ‘‘(B) commits in such agreement to continue to

2 serve on active duty in that specialty for a period of

3 six years.

4 ‘‘(2) Under any agreement entered into with a mem5 ber under paragraph (1), the Secretary shall make con6 tributions to the Fund for the benefit of the member for

7 each pay period of the 6-year period of the agreement for

8 which the member makes a contribution out of basic pay

9 to the Fund under this section. Paragraph (2) of section

10 8432(c) applies to the Secretary’s obligation to make con11 tributions under this paragraph, except that the reference

12 in such paragraph to contributions under paragraph (1)

13 of such section does not apply.’’.

14 SEC. 654. APPLICABILITY OF DUAL COMPENSATION LIMI15 TATION TO RESERVE OFFICERS RETIRED

16 AFTER 20 YEARS OF ACTIVE SERVICE.

17 (a) APPLICABILITY.—Section 5532 of title 5, United

18 States Code, is amended by inserting after ‘‘(b) A retired

19 officer of a regular component of a uniformed service’’ in

20 the first sentence the following: ‘‘, or of a reserve compo21 nent of a uniformed service if retired under section 3911,

22 6323, or 8911 of title 10,’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall take effect on October 1, 1999, and

25 shall apply with respect to retirements of officers of the
243

•S 1059 PCS

1 uniformed services under section 3911, 6323, or 8911 of

2 title 10, United States Code, that become effective on or

3 after that date.

4 SEC. 655. CREDIT TOWARD PAID-UP SBP COVERAGE FOR

5 MONTHS COVERED BY MAKE-UP PREMIUM

6 PAID BY PERSONS ELECTING SBP COVERAGE

7 DURING SPECIAL OPEN ENROLLMENT PE8 RIOD.

9 Section 642 of the Strom Thurmond National De10 fense Authorization Act for Fiscal Year 1999 (Public Law

11 105–261; 112 Stat. 2045; 10 U.S.C. 1448 note) is

12 amended—

13 (1) by redesignating subsection (h) as sub14 section (i); and

15 (2) by inserting after subsection (g) the fol16 lowing new subsection (h):

17 ‘‘(h) CREDIT TOWARD PAID-UP COVERAGE.—Upon

18 payment of the total amount of the premiums charged a

19 person under subsection (g), the retired pay of a person

20 participating in the Survivor Benefit Plan pursuant to an

21 election under this section shall be treated, for the pur22 poses of subsection (j) of section 1452 of title 10, United

23 States Code, as having been reduced under such section

24 1452 for the months in the period for which the person’s

25 retired pay would have been reduced if the person had
244

•S 1059 PCS

1 elected to participate in the Survivor Benefit Plan at the

2 first opportunity that was afforded the person to partici3 pate.’’.

4 SEC. 656. PAID-UP COVERAGE UNDER RETIRED SERVICE5 MAN’S FAMILY PROTECTION PLAN.

6 (a) CONDITIONS.—Subchapter I of chapter 73 of title

7 10, United States Code, is amended by inserting after sec8 tion 1436 the following:

9 ‘‘§ 1436a. Coverage paid up at 30 years and age 70

10 ‘‘Effective October 1, 2008, no reduction may be

11 made in a person’s retired pay or retainer pay pursuant

12 to an election under section 1431(b) or 1432 of this title

13 for any month after the later of—

14 ‘‘(1) the 360th month for which the person re15 tired pay or retainer pay is reduced pursuant to

16 such an election; and

17 ‘‘(2) the month during which the person attains

18 70 years of age.’’.

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

20 at the beginning of such subchapter is amended by insert21 ing after the item relating to section 1436 the following:

‘‘1436a. Coverage paid up at 30 years and age 70.’’.
245

•S 1059 PCS

1 SEC. 657. PERMANENT AUTHORITY FOR PAYMENT OF AN2 NUITIES TO CERTAIN MILITARY SURVIVING

3 SPOUSES.

4 Subsection (f) of section 644 of the National Defense

5 Authorization Act for Fiscal Year 1998 (Public Law 105–

6 85; 111 Stat. 1801; 10 U.S.C. 1448 note) is repealed.

7 SEC. 658. EFFECTUATION OF INTENDED SBP ANNUITY FOR

8 FORMER SPOUSE WHEN NOT ELECTED BY

9 REASON OF UNTIMELY DEATH OF RETIREE.

10 (a) CASES NOT COVERED BY EXISTING AUTHOR11 ITY.—Paragraph (3) of section 1450(f) of title 10, United

12 States Code, as in effect on the date of the enactment

13 of this Act, shall apply in the case of a former spouse of

14 any person referred to in that paragraph who—

15 (1) incident to a proceeding of divorce, dissolu16 tion, or annulment—

17 (A) entered into a written agreement on or

18 after August 21, 1983, to make an election

19 under section 1448(b) of such title to provide

20 an annuity to the former spouse (the agreement

21 thereafter having been incorporated in or rati22 fied or approved by a court order or filed with

23 the court of appropriate jurisdiction in accord24 ance with applicable State law); or
246

•S 1059 PCS

1 (B) was required by a court order dated on

2 or after such date to make such an election for

3 the former spouse; and

4 (2) before making the election, died within 21

5 days after the date of the agreement referred to in

6 paragraph (1)(A) or the court order referred to in

7 paragraph (1)(B), as the case may be.

8 (b) ADJUSTED TIME LIMIT FOR REQUEST BY

9 FORMER SPOUSE.—For the purposes of paragraph (3)(C)

10 of section 1450(f) of title 10, United States Code, a court

11 order or filing referred to in subsection (a)(1) of this sec12 tion that is dated before October 19, 1984, shall be

13 deemed to be dated on the date of the enactment of this

14 Act.

15 Subtitle E—Other Matters

16 SEC. 671. ANNUAL REPORT ON EFFECTS OF INITIATIVES

17 ON RECRUITMENT AND RETENTION.

18 (a) REQUIREMENT FOR REPORT.—On December 1 of

19 each year, the Secretary of Defense shall submit to Con20 gress a report that sets forth the Secretary’s assessment

21 of the effects that the improved pay and other benefits

22 under this title and under the amendments made by this

23 title are having on recruitment and retention of personnel

24 for the Armed Forces.
247

•S 1059 PCS

1 (b) FIRST REPORT.—The first report under this sec2 tion shall be submitted not later than December 1, 2000.

3 SEC. 672. MEMBERS UNDER BURDENSOME PERSTEMPO.

4 (a) MANAGEMENT OF DEPLOYMENTS OF INDIVID5 UALS.—Part II of subtitle A of title 10, United States

6 Code, is amended by inserting after chapter 49 the fol7 lowing:

8 ‘‘CHAPTER 50—MISCELLANEOUS

9 COMMAND RESPONSIBILITIES

‘‘Sec.

‘‘991. Management of deployments of members.

10 ‘‘§ 991. Management of deployments of members

11 ‘‘(a) GENERAL OR FLAG OFFICER RESPONSIBIL12 ITIES.—The first general officer or flag officer in the

13 chain of command of a member of the armed forces shall

14 manage a deployment of the member when the total num15 ber of the days on which the member has been deployed

16 out of 365 consecutive days is in excess of 180 days. That

17 officer shall ensure that the member is not deployed or

18 continued in a deployment on any day on which the total

19 number of the days on which the member has been de20 ployed would exceed 200 out of 365 consecutive days un21 less a general or flag officer in the grade of general or

22 admiral in the member’s chain of command approves the

23 deployment or continued deployment of the member.
248

•S 1059 PCS

1 ‘‘(b) DEPLOYMENT DEFINED.—(1) For the purposes

2 of this section, a member of the armed forces is deployed

3 or in a deployment on any day on which, pursuant to or4 ders, the member is performing service in a training exer5 cise or operation at a location or under circumstances that

6 make it infeasible for the member to spend off-duty time

7 in the housing in which the member resides when on garri8 son duty at the member’s permanent duty station.

9 ‘‘(2) For the purposes of this section, a member is

10 not deployed or in a deployment when performing service

11 as a student or trainee at a school (including any Federal

12 Government school) or performing administrative, guard,

13 or detail duties in garrison at the member’s permanent

14 duty station.

15 ‘‘(c) RECORDKEEPING.—The Secretary of each mili16 tary department shall establish a system for tracking and

17 recording the number of days that each member of an

18 armed force under the jurisdiction of the Secretary is de19 ployed.

20 ‘‘(d) NATIONAL SECURITY WAIVER AUTHORITY.—

21 The Secretary of Defense may suspend the applicability

22 of this section to a member or any group of members when

23 the Secretary determines that it is necessary to do so in

24 the national security interests of the United States.
249

•S 1059 PCS

1 ‘‘(e) INAPPLICABILITY TO COAST GUARD.—This sec2 tion does not apply to a member of the Coast Guard when

3 the Coast Guard is not operating as a service in the

4 Navy.’’.

5 (b) PER DIEM ALLOWANCE FOR LENGTHY OR NU6 MEROUS DEPLOYMENTS.—Chapter 7 of title 37, United

7 States Code, is amended by adding at the end the fol8 lowing new section:

9 ‘‘§ 435. Per diem allowance for lengthy or numerous

10 deployments

11 ‘‘(a) PER DIEM REQUIRED.—The Secretary of the

12 military department concerned shall pay a per diem allow13 ance to a member of an armed force for each day that

14 the member is deployed in excess of 220 days out of 365

15 consecutive days.

16 ‘‘(b) DEFINITION OF DEPLOYED.—In this section,

17 the term ‘deployed’, with respect to a member, means that

18 the member is deployed or in a deployment within the

19 meaning of section 991(b) of title 10.

20 ‘‘(c) AMOUNT OF PER DIEM.—The amount of the per

21 diem payable to a member under this section is $100.

22 ‘‘(d) PAYMENT OF CLAIMS.—A claim of a member

23 for payment of the per diem allowance that is not fully

24 substantiated by the applicable recordkeeping system ap25 plicable to the member under section 991(c) of title 10
250

•S 1059 PCS

1 shall be paid if the member furnishes the Secretary con2 cerned with other evidence determined by the Secretary

3 as being sufficient to substantiate the claim.

4 ‘‘(e) RELATIONSHIP TO OTHER ALLOWANCES.—Any

5 per diem payable to a member under this section is in ad6 dition to any other per diem, allowance, special pay, or

7 incentive that is payable to the member under any other

8 provision of law.

9 ‘‘(f) NATIONAL SECURITY WAIVER.—No per diem

10 may be paid under this section to a member of an armed

11 force for any day on which the applicability of section 991

12 of title 10 to the member is suspended under subsection

13 (d) of such section.

14 ‘‘(g) INAPPLICABILITY TO COAST GUARD.—This sec15 tion does not apply to a member of the Coast Guard when

16 the Coast Guard is not operating as a service in the

17 Navy.’’.

18 (c) CLERICAL AMENDMENTS.—(1) The tables of

19 chapters at the beginning of subtitle A of title 10, United

20 States Code, and the beginning of part II of such subtitle

21 are amended by inserting after the item relating to chap22 ter 49 the following:

‘‘50. Miscellaneous Command Responsibilities ...................... 991’’.
251

•S 1059 PCS

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. 673. 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:
252

•S 1059 PCS

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. 674. 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. 675. 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—
253

•S 1059 PCS

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
254

•S 1059 PCS

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 TITLE VII—HEALTH CARE

5 Subtitle A—TRICARE Program

6 SEC. 701. IMPROVEMENT OF TRICARE BENEFITS AND MAN7 AGEMENT.

8 (a) IMPROVEMENT OF TRICARE PROGRAM.—(1)

9 Chapter 55 of title 10, United States Code, is amended

10 by inserting after section 1097a the following:

11 ‘‘§ 1097b. TRICARE: benefits and services

12 ‘‘(a) COMPARABILITY TO FEHBP BENEFITS.—The

13 Secretary of Defense shall, to the maximum extent prac14 ticable, ensure that the health care coverage available

15 through the TRICARE program is substantially similar

16 to the health care coverage available under similar health

17 benefits plans offered under the Federal Employees

18 Health Benefits program established under chapter 89 of

19 title 5.

20 ‘‘(b) PORTABILITY.—The Secretary of Defense shall

21 provide that any covered beneficiary enrolled in the

22 TRICARE program may receive benefits under that pro23 gram at facilities that provide benefits under that program

24 throughout the various regions of that program.
255

•S 1059 PCS

1 ‘‘(c) ACCESS.—(1) The Secretary of Defense shall, to

2 the maximum extent practicable, minimize the authoriza3 tion or certification requirements imposed upon covered

4 beneficiaries under the TRICARE program as a condition

5 of access to benefits under that program.

6 ‘‘(2) The Secretary of Defense shall, to the maximum

7 extent practicable, utilize practices for processing claims

8 under the TRICARE program that are similar to the best

9 industry practices for processing claims for health care

10 services in a simplified and expedited manner. To the max11 imum extent practicable, such practices shall include elec12 tronic processing of claims.

13 ‘‘(d) CONSULTATION REQUIREMENT.—The Secretary

14 of Defense shall carry out the responsibilities under this

15 section after consultation with the other administering

16 Secretaries.

17 ‘‘§ 1097c. TRICARE: financial management

18 ‘‘(a) REIMBURSEMENT OF PROVIDERS.—(1) Subject

19 to paragraph (2), the Secretary of Defense may reimburse

20 health care providers under the TRICARE program at

21 rates higher than the reimbursement rates otherwise au22 thorized for the providers under that program if the Sec23 retary determines that application of the higher rates is

24 necessary in order to ensure the availability of an adequate
256

•S 1059 PCS

1 number of qualified health care providers under that pro2 gram.

3 ‘‘(2) The amount of reimbursement provided under

4 paragraph (1) with respect to a health care service may

5 not exceed the lesser of—

6 ‘‘(A) the amount equal to the local usual and

7 customary charge for the service in the service area

8 (as determined by the Secretary) in which the serv9 ice is provided; or

10 ‘‘(B) the amount equal to 115 per cent of the

11 CHAMPUS maximum allowable charge for the serv12 ice.

13 ‘‘(b) THIRD-PARTY COLLECTIONS.—(1) A medical

14 treatment facility of the uniformed services under the

15 TRICARE program has the same right as the United

16 States under section 1095 of this title to collect from a

17 third-party payer the reasonable costs of health care serv18 ices described in paragraph (2) that are incurred by the

19 facility on behalf of a covered beneficiary under that pro20 gram.

21 ‘‘(2) The Secretary of Defense shall prescribe regula22 tions for the administration of this subsection. The regula23 tions shall set forth the method to be used for the com24 putation of the reasonable costs of inpatient, outpatient,
257

•S 1059 PCS

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-
258

•S 1059 PCS

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
259

•S 1059 PCS

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.
260

•S 1059 PCS

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-
261

•S 1059 PCS

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.
262

•S 1059 PCS

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
263

•S 1059 PCS

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).
264

•S 1059 PCS

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
265

•S 1059 PCS

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.
266

•S 1059 PCS

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.
267

•S 1059 PCS

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.
268

•S 1059 PCS

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-
269

•S 1059 PCS

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—
270

•S 1059 PCS

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
271

•S 1059 PCS

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.
272

•S 1059 PCS

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 TITLE VIII—ACQUISITION POL10 ICY, ACQUISITION MANAGE11 MENT, AND RELATED MAT12 TERS

13 SEC. 801. EXTENSION OF TEST PROGRAM FOR NEGOTIA14 TION OF COMPREHENSIVE SMALL BUSINESS

15 SUBCONTRACTING PLANS.

16 Section 834(e) of the National Defense Authorization

17 Act for Fiscal Years 1990 and 1991 (Public Law 101–

18 189; 15 U.S.C. 637 note) is amended by striking ‘‘Sep19 tember 30, 2000’’ and inserting ‘‘September 30, 2005’’.

20 SEC. 802. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.

21 (a) PROGRAM PARTICIPATION TERM.—Subsection

22 (e)(2) of section 831 of the National Defense Authoriza23 tion Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is

24 amended to read as follows:
273

•S 1059 PCS

1 ‘‘(2) A program participation term for any pe2 riod of not more than three years, except that the

3 term may be a period of up to five years if the Sec4 retary of Defense determines in writing that unusual

5 circumstances justify a program participation term

6 in excess of three years.’’.

7 (b) INCENTIVES AUTHORIZED FOR MENTOR

8 FIRMS.—Subsection (g) of such section is amended—

9 (1) in paragraph (1), by striking ‘‘shall’’ and

10 inserting ‘‘may’’;

11 (2) in paragraph (2)—

12 (A) in subparagraph (A)—

13 (i) by striking ‘‘shall’’ and inserting

14 ‘‘may’’;

15 (ii) by striking ‘‘subsection (f)’’ and

16 all that follows through ‘‘(i) as a line item’’

17 and inserting ‘‘subsection (f) as provided

18 for in a line item’’;

19 (iii) by striking the semicolon pre20 ceding clause (ii) and inserting a period;

21 and

22 (iv) by striking clauses (ii), (iii), and

23 (iv); and

24 (B) by striking subparagraph (B) and in25 serting the following:
274

•S 1059 PCS

1 ‘‘(B) The determinations made in annual perform2 ance reviews of a mentor firm’s mentor-protege agreement

3 under subsection (l)(2) shall be a major factor in the de4 terminations of amounts of reimbursement, if any, that

5 the mentor firm is eligible to receive in the remaining

6 years of the program participation term under the agree7 ment.

8 ‘‘(C) The total amount reimbursed under this para9 graph to a mentor firm for costs of assistance furnished

10 in a fiscal year to a protege firm may not exceed

11 $1,000,000, except in a case in which the Secretary of De12 fense determines in writing that unusual circumstances

13 justify a reimbursement of a higher amount.’’; and

14 (3) in paragraph (3)(A), by striking ‘‘either

15 subparagraph (A) or (C) of paragraph (2) or are re16 imbursed pursuant to subparagraph (B) of such

17 paragraph’’ and inserting ‘‘paragraph (2)’’.

18 (c) FIVE-YEAR EXTENSION OF AUTHORITY.—Sub19 section (j) of such section is amended to read as follows:

20 ‘‘(j) EXPIRATION OF AUTHORITY.—(1) No mentor21 protege agreement may be entered into under subsection

22 (e) after September 30, 2004.

23 ‘‘(2) No reimbursement may be paid, and no credit

24 toward the attainment of a subcontracting goal may be
275

•S 1059 PCS

1 granted, under subsection (g) for any cost incurred after

2 September 30, 2005.’’.

3 (d) REPORTS AND REVIEWS.—Subsection (l) of such

4 section is amended to read as follows:

5 ‘‘(l) REPORTS AND REVIEWS.—(1) The mentor firm

6 and protege firm under a mentor-protege agreement shall

7 submit to the Secretary of Defense an annual report on

8 the progress made by the protege firm in employment, rev9 enues, and participation in Department of Defense con10 tracts during the fiscal year covered by the report. The

11 requirement for submission of an annual report applies

12 with respect to each fiscal year covered by the program

13 participation term under the agreement and each of the

14 two fiscal years following the expiration of the program

15 participation term. The Secretary shall prescribe the tim16 ing and form of the annual report.

17 ‘‘(2)(A) The Secretary shall conduct an annual per18 formance review of each mentor-protege agreement that

19 provides for reimbursement of costs. The Secretary shall

20 determine on the basis of the review whether—

21 ‘‘(i) all costs reimbursed to the mentor firm

22 under the agreement were reasonably incurred to

23 furnish assistance to the protege firm in accordance

24 with the requirements of this section and applicable

25 regulations; and
276

•S 1059 PCS

1 ‘‘(ii) the mentor firm and protege firm accu2 rately reported progress made by the protege firm in

3 employment, revenues, and participation in Depart4 ment of Defense contracts during the program par5 ticipation term covered by the mentor-protege agree6 ment and the two fiscal years following the expira7 tion of the program participation term.

8 ‘‘(B) The Secretary shall act through the Commander

9 of the Defense Contract Management Command in car10 rying out the reviews and making the determinations

11 under subparagraph (A).

12 ‘‘(3) Not later than 6 months after the end of each

13 of fiscal years 2000 through 2004, the Secretary of De14 fense shall submit to Congress an annual report on the

15 mentor-protege program for that fiscal year.

16 ‘‘(2) The annual report for a fiscal year shall include,

17 at a minimum, the following:

18 ‘‘(A) The number of mentor-protege agreements

19 that were entered into during the fiscal year.

20 ‘‘(B) The number of mentor-protege agreements

21 that were in effect during the fiscal year.

22 ‘‘(C) The total amount reimbursed to mentor

23 firms pursuant to subsection (g) during the fiscal

24 year.
277

•S 1059 PCS

1 ‘‘(D) Each mentor-protege agreement, if any,

2 that was approved during the fiscal year in accord3 ance with subsection (e)(2) to provide a program

4 participation term in excess of 3 years, together with

5 the justification for the approval.

6 ‘‘(E) Each reimbursement of a mentor firm in

7 excess of the limitation in subsection (g)(2)(C) that

8 was made during the fiscal year pursuant to an ap9 proval granted in accordance with that subsection,

10 together with the justification for the approval.

11 ‘‘(F) Trends in the progress made in employ12 ment, revenues, and participation in Department of

13 Defense contracts by the protege firms participating

14 in the program during the fiscal year and the pro15 tege firms that completed or otherwise terminated

16 participation in the program during the preceding

17 two fiscal years.’’.

18 (e) REPEAL OF LIMITATION ON AVAILABILITY OF

19 FUNDING.—Subsection (n) of such section is repealed.

20 (f) EFFECTIVE DATE AND SAVINGS PROVISION.—(1)

21 The amendments made by this section shall take effect

22 on October 1, 1999, and shall apply with respect to men23 tor-protege agreements that are entered into under section

24 831(e) of the National Defense Authorization Act for Fis25 cal Year 1991 on or after that date.
278

•S 1059 PCS

1 (2) Section 831 of the National Defense Authoriza2 tion Act for Fiscal Year 1991, as in effect on September

3 30, 1999, shall continue to apply with respect to mentor4 protege agreements entered into before October 1, 1998.

5 SEC. 803. REPORT ON TRANSITION OF SMALL BUSINESS IN6 NOVATION RESEARCH PROGRAM ACTIVITIES

7 INTO DEFENSE ACQUISITION PROGRAMS.

8 (a) REQUIREMENT FOR REPORT.—Not later than

9 March 1, 2000, the Secretary of Defense shall submit to

10 Congress a report on the status of the implementation of

11 the Small Business Innovation Research program transi12 tion plan that was developed pursuant to section 818 of

13 the Strom Thurmond National Defense Authorization Act

14 for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

15 2089).

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

17 the following:

18 (1) The status of the implementation of each of

19 the provisions in the transition plan.

20 (2) For any provision of the plan that has not

21 been fully implemented as of the date of the

22 report—

23 (A) the reasons for the provision not hav24 ing been fully implemented; and
279

•S 1059 PCS

1 (B) a schedule, with specific milestones,

2 for the implementation of the provision.

3 SEC. 804. AUTHORITY TO CARRY OUT CERTAIN PROTO4 TYPE PROJECTS.

5 (a) GAO EXAMINATION OF RECORDS.—Section 845

6 of the National Defense Authorization Act for Fiscal Year

7 1994 (Public Law 103–160; 107 Stat. 1721; 10 U.S.C.

8 2371 note) is amended—

9 (1) by redesignating subsection (c) as sub10 section (d); and

11 (2) by inserting after subsection (b) the fol12 lowing:

13 ‘‘(c) COMPTROLLER GENERAL REVIEW.—(1) Each

14 agreement entered into by an official referred to in sub15 section (a) to carry out a project under that subsection

16 that provides for payments in a total amount in excess

17 of $5,000,000 shall include a clause that provides for the

18 Comptroller General, in the discretion of the Comptroller

19 General, to examine the records of any party to the agree20 ment or any entity that participates in the performance

21 of the agreement.

22 ‘‘(2) The official referred to in subsection (a) who is

23 entering into an agreement described in paragraph (1)

24 may waive the applicability of the requirement in that

25 paragraph to the agreement if the official determines that
280

•S 1059 PCS

1 it would not be in the public interest to apply the require2 ment to the agreement. The waiver shall be effective with

3 respect to the agreement only if the official transmits a

4 notification of the waiver to Congress and the Comptroller

5 General before entering into the agreement. The notifica6 tion shall include the rationale for the determination.

7 ‘‘(3) The Comptroller General may not examine

8 records pursuant to a clause included in an agreement

9 under paragraph (1) more than three years after the final

10 payment is made by the United States under the agree11 ment.’’.

12 (b) TECHNICAL CORRECTION.—Subsection (b)(1) of

13 such section is amended by striking ‘‘(e)(2) and (e)(3) of

14 such section 2371’’ and inserting ‘‘(e)(1)(B) and (e)(2)

15 of such section 2371’’.

16 SEC. 805. PILOT PROGRAM FOR COMMERCIAL SERVICES.

17 (a) PROGRAM AUTHORIZED.—The Secretary of De18 fense may carry out a pilot program to treat procurements

19 of commercial services as procurements of commercial

20 items.

21 (b) DESIGNATION OF PILOT PROGRAM CAT22 EGORIES.—The Secretary of Defense may designate the

23 following categories of services as commercial services cov24 ered by the pilot program:

25 (1) Utilities and housekeeping services.
281

•S 1059 PCS

1 (2) Education and training services.

2 (3) Transportation, travel and relocation serv3 ices.

4 (c) TREATMENT AS COMMERCIAL ITEMS.—A Depart5 ment of Defense contract for the procurement of commer6 cial services designated by the Secretary for the pilot pro7 gram shall be treated as a contract for the procurement

8 of commercial items, as defined in section 4(12) of the

9 Office of Federal Procurement Policy Act (41 U.S.C.

10 403(12)), if the source of the services provides similar

11 services contemporaneously to the general public under

12 terms and conditions similar to those offered to the Fed13 eral Government.

14 (d) GUIDANCE.—Not later than 90 days after the

15 date of the enactment of this Act, the Secretary shall issue

16 guidance to procurement officials on contracting for com17 mercial services under the pilot program. The guidance

18 shall place particular emphasis on ensuring that nego19 tiated prices for designated services, including prices nego20 tiated without competition, are fair and reasonable.

21 (e) DURATION OF PILOT PROGRAM.—(1) The pilot

22 program shall begin on the date that the Secretary issues

23 the guidance required by subsection (d) and may continue

24 for a period, not in excess of five years, that the Secretary

25 shall establish.
282

•S 1059 PCS

1 (2) The pilot program shall cover Department of De2 fense contracts for the procurement of commercial services

3 designated by the Secretary under subsection (b) that are

4 awarded or modified during the period of the pilot pro5 gram, regardless of whether the contracts are performed

6 during the period.

7 (f) REPORT TO CONGRESS.—(1) The Secretary shall

8 submit to Congress a report on the impact of the pilot

9 program on—

10 (A) prices paid by the Federal Government

11 under contracts for commercial services covered by

12 the pilot program;

13 (B) the quality and timeliness of the services

14 provided under such contracts;

15 (C) the number of Federal Government per16 sonnel that are necessary to enter into and admin17 ister such contracts; and

18 (D) the impact of the program on levels of con19 tracting with small business concerns, small business

20 concerns owned and controlled by socially and eco21 nomically disadvantaged individuals, and small busi22 ness concerns owned and controlled by women.

23 (2) The Secretary shall submit the report—
283

•S 1059 PCS

1 (A) not later than 90 days after the end of the

2 third full fiscal year for which the pilot program is

3 in effect; or

4 (B) if the period established for the pilot pro5 gram under subsection (e)(1) does not cover three

6 full fiscal years, not later than 90 days after the end

7 of the designated period.

8 (g) PRICE TREND ANALYSIS.—The Secretary of De9 fense shall apply the procedures developed pursuant to

10 section 803(c) of the Strom Thurmond National Defense

11 Authorization Act for Fiscal Year 1999 (Public Law 105–

12 261; 112 Stat. 2081; 10 U.S.C. 2306a note) to collect and

13 analyze information on price trends for all services covered

14 by the pilot program and for the services in such cat15 egories of services not covered by the pilot program to

16 which the Secretary considers it appropriate to apply those

17 procedures.

18 (h) DEFINITIONS.—In this section:

19 (A) 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 (B) The term ‘‘small business concern owned

24 and controlled by socially and economically disadvan25 taged individuals’’ has the meaning given the term
284

•S 1059 PCS

1 in section 8(d)(3)(C) of the Small Business Act (15

2 U.S.C. 637(d)(3)(C)).

3 (C) 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 SEC. 806. APPLICABILITY OF COMPETITION REQUIRE8 MENTS TO PURCHASES FROM A REQUIRED

9 SOURCE.

10 (a) CONDITIONS FOR COMPETITION.—Chapter 141

11 of title 10, United States Code, is amended by adding at

12 the end the following:

13 ‘‘§ 2410n. Products of Federal Prison Industries: pro14 cedural requirements

15 ‘‘(a) MARKET RESEARCH.—Before purchasing a

16 product listed in the latest edition of the Federal Prison

17 Industries catalog under section 4124(d) of title 18, the

18 Secretary of Defense shall conduct market research to de19 termine whether the Federal Prison Industries product is

20 comparable in price, quality, and time of delivery to prod21 ucts available from the private sector.

22 ‘‘(b) LIMITED COMPETITION REQUIREMENT.—If the

23 Secretary determines that a Federal Prison Industries

24 product is not comparable in price, quality, and time of

25 delivery to products available from the private sector, the
285

•S 1059 PCS

1 Secretary shall use competitive procedures for the procure2 ment of the product. In conducting such a competition,

3 the Secretary shall consider a timely offer from Federal

4 Prison Industries for award in accordance with the speci5 fications and evaluation factors specified in the solicita6 tion.

7 ‘‘(c) EXEMPTIONS.—Notwithstanding any other pro8 vision of law, the Secretary shall not be required—

9 (1) to purchase from Federal Prison Industries

10 any product that is—

11 (A) integral to, or embedded in, a product

12 that is not available from Federal Prison Indus13 tries; or

14 (B) a national security system; or

15 (2) to make a purchase from Federal Prison In16 dustries in a total amount that is less than the

17 micropurchase threshold, as defined in section 32(f)

18 of the Office of Federal Procurement Policy Act (41

19 U.S.C. 428(f)).

20 ‘‘(d) NATIONAL SECURITY SYSTEM DEFINED.—In

21 this section, the term ‘national security system’ means any

22 telecommunications or information system operated by the

23 United States Government, the function, operation, or use

24 of which—

25 ‘‘(1) involves intelligence activities;
286

•S 1059 PCS

1 ‘‘(2) involves cryptologic activities related to na2 tional security;

3 ‘‘(3) involves command and control of military

4 forces;

5 ‘‘(4) involves equipment that is an integral part

6 of a weapon or a weapon system; or

7 ‘‘(5) is critical to the direct fulfillment of mili8 tary or intelligence missions, except for a system

9 that is to be used for routine administrative and

10 business applications (including payroll, finance, lo11 gistics, and personnel management applications).’’.

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

13 at the beginning of such chapter is amended by adding

14 at the end the following:

‘‘2410n. Products of Federal Prison Industries: procedural requirements.’’.

15 TITLE IX—DEPARTMENT OF DE16 FENSE ORGANIZATION AND

17 MANAGEMENT

18 Subtitle A—General

19 SEC. 901. NUMBER OF MANAGEMENT HEADQUARTERS AND

20 HEADQUARTERS SUPPORT ACTIVITIES PER21 SONNEL.

22 (a) REVISED LIMITATION.—Section 130a of title 10,

23 United States Code, is amended—

24 (1) in subsection (a), by striking ‘‘75 percent’’

25 and inserting ‘‘65 percent’’; and
287

•S 1059 PCS

1 (2) in subsection (c), by striking ‘‘October 1,

2 1997’’ and inserting ‘‘October 1, 1989’’.

3 (b) REPEAL OF PHASED REDUCTION REQUIRE4 MENT.—Subsection (b) of such section is repealed.

5 (c) CONFORMING REPEAL.—Subsection (g) of such

6 section is repealed.

7 (d) TECHNICAL AMENDMENT.—Subsections (c), (d),

8 (e), and (f) are redesignated as subsections (b), (c), (d),

9 and (e), respectively.

10 SEC. 902. ADDITIONAL MATTERS FOR ANNUAL REPORTS

11 ON JOINT WARFIGHTING EXPERIMENTATION.

12 Section 485(b) of title 10, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(5) Any recommendations that the commander

15 considers appropriate regarding—

16 ‘‘(A) the development or procurement of

17 advanced technologies, systems, or weapons or

18 systems platforms, or other changes in doctrine,

19 organization, training, materiel, leadership, per20 sonnel, or the allocation of resources, as a re21 sult of joint warfighting experimentation activi22 ties;

23 ‘‘(B) the elimination of unnecessary equip24 ment and redundancies in capabilities and

25 forces across the armed forces; and
288

•S 1059 PCS

1 ‘‘(C) the fielding of advanced technologies

2 across the armed forces for purposes of the de3 velopment of joint operational concepts or the

4 conduct of joint warfighting experiments.

5 ‘‘(6) A description of any actions taken by the

6 Secretary of Defense to implement the recommenda7 tions of the commander.’’.

8 SEC. 903. ACCEPTANCE OF GUARANTEES IN CONNECTION

9 WITH GIFTS TO THE UNITED STATES MILI10 TARY ACADEMY.

11 (a) AUTHORITY.—Chapter 403 of title 10, United

12 States Code, is amended by adding at the end the fol13 lowing new section:

14 ‘‘§ 4359. Acceptance of guarantees with gifts for

15 major projects

16 ‘‘(a) ACCEPTANCE AUTHORITY.—The Secretary of

17 the Army may, subject to subsection (c), accept from a

18 donor a qualified guarantee for the completion of a major

19 project for the benefit of the Academy.

20 ‘‘(b) OBLIGATION AUTHORITY.—Funds available for

21 a project for which a guarantee has been accepted under

22 this section may be obligated and expended for the project

23 without regard to whether the total amount of the funds

24 and other resources available for the project (not taking
289

•S 1059 PCS

1 into account the amount of the guarantee) is sufficient

2 to pay for completion of the project.

3 ‘‘(c) DEFINITIONS.—In this section:

4 ‘‘(1) MAJOR PROJECT.—The term ‘major

5 project’ means a project for the purchase or other

6 procurement of real or personal property, or for the

7 construction of any improvement to real property,

8 the total cost of which is, or is estimated to be, at

9 least $1,000,000.

10 ‘‘(2) QUALIFIED GUARANTEE.—The term

11 ‘qualified guarantee’, with respect to a major

12 project, means a guarantee that—

13 ‘‘(A) is made by a person in connection

14 with the person’s donation, specifically for the

15 project, of a total amount in cash or securities

16 that, as determined by the Secretary of the

17 Army, is sufficient to defray a substantial por18 tion of the total cost of the project;

19 ‘‘(B) is made to facilitate or expedite the

20 completion of the project in reasonable anticipa21 tion that other donors will contribute sufficient

22 funds or other resources in amounts sufficient

23 to pay for completion of the project;

24 ‘‘(C) is set forth as a written agreement

25 that provides for the donor to furnish in cash
290

•S 1059 PCS

1 or securities, in addition to the donor’s other

2 gift or gifts for the project, any additional

3 amount that may become necessary for paying

4 the cost of completing the project by reason of

5 a failure to obtain from other donors or sources

6 funds or other resources in amounts sufficient

7 to pay the cost of completing the project; and

8 ‘‘(D) is accompanied by—

9 ‘‘(i) an unconditional letter of credit

10 for the benefit of the Academy that is in

11 the amount of the guarantee and is issued

12 by a major United States commercial

13 bank; or

14 ‘‘(ii) a qualified account control agree15 ment.

16 ‘‘(3) QUALIFIED ACCOUNT CONTROL AGREE17 MENT.—The term ‘qualified account control agree18 ment’, with respect to a guarantee of a donor, means

19 an agreement among the donor, the Secretary of the

20 Army, and a major United States investment man21 agement firm that—

22 ‘‘(A) ensures the availability of sufficient

23 funds or other financial resources to pay the

24 amount guaranteed during the period of the

25 guarantee;
291

•S 1059 PCS

1 ‘‘(B) provides for the perfection of a secu2 rity interest in the assets of the account for the

3 United States for the benefit of the Academy

4 with the highest priority available for liens and

5 security interests under applicable law;

6 ‘‘(C) requires the donor to maintain in an

7 account with the investment management firm

8 assets having a total value that is not less than

9 130 percent of the amount guaranteed; and

10 ‘‘(D) requires the investment management

11 firm, at any time that the value of the account

12 is less than the value required to be maintained

13 under subparagraph (C), to liquidate any

14 noncash assets in the account and reinvest the

15 proceeds in Treasury bills issued under section

16 3104 of title 31.

17 ‘‘(4) MAJOR UNITED STATES COMMERCIAL

18 BANK.—The term ‘major United States commercial

19 bank’ means a commercial bank that—

20 ‘‘(A) is headquartered in the United

21 States; and

22 ‘‘(B) has net assets in a total amount con23 sidered by the Secretary of the Army to qualify

24 the bank as a major bank.
292

•S 1059 PCS

1 ‘‘(5) MAJOR UNITED STATES INVESTMENT MAN2 AGEMENT FIRM.—The term ‘major United States in3 vestment management firm’ means an investment

4 company (as defined in section 3 of the Investment

5 Company Act of 1940 (15 U.S.C. 80a–3)) that—

6 ‘‘(A) is headquartered in the United

7 States; and

8 ‘‘(B) manages for others the investment of

9 assets in a total amount considered by the Sec10 retary of the Army to qualify the firm as a

11 major investment management firm.’’.

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

13 at the beginning of such chapter is amended by adding

14 at the end the following new item:

‘‘4359. Acceptance of guarantees with gifts for major projects.’’.

15 SEC. 904. MANAGEMENT OF THE CIVIL AIR PATROL.

16 (a) MANAGEMENT STRUCTURE.—Section 9441 of

17 title 10, United States Code, is amended—

18 (1) by redesignating subsections (b), (c), and

19 (d), as subsections (c), (d), and (e), respectively; and

20 (2) by striking subsection (a) and inserting the

21 following:

22 ‘‘(a) NONMILITARY AUXILIARY OF THE AIR

23 FORCE.—The Civil Air Patrol is a nonmilitary, voluntary

24 civilian auxiliary of the Air Force.
293

•S 1059 PCS

1 ‘‘(b) ADMINISTRATION AND MANAGEMENT.—(1) The

2 Civil Air Patrol is administered by the Chief of Staff of

3 the Air Force under the direction of the Secretary of the

4 Air Force.

5 ‘‘(2) The headquarters of the Civil Air Patrol, which

6 shall perform command, control, and administrative func7 tions, is composed of organizational elements approved by

8 the Secretary of the Air Force in regulations which the

9 Secretary shall prescribe. The organizational elements

10 shall include, at a minimum, the following:

11 ‘‘(A) A National Board of Directors composed

12 of members appointed by the Secretary as follows:

13 ‘‘(i) A majority of the members being ap14 pointed from among active and retired general

15 officers of the Air Force (including the Air

16 Force Reserve and Air National Guard of the

17 United States) and senior civilian employees of

18 the Department of the Air Force, and the sen19 ior appointed member on active duty being des20 ignated as the Chairman.

21 ‘‘(ii) A minority of the members being ap22 pointed from among senior members of the

23 Civil Air Patrol.

24 ‘‘(B) A National Commander appointed by ma25 jority vote of the National Board of Directors from
294

•S 1059 PCS

1 among civilian volunteer members of the Civil Air

2 Patrol.

3 ‘‘(C) An Executive Director, a Safety Officer,

4 and an Inspector General, each of whom is ap5 pointed by majority vote of the National Board of

6 Directors and shall report through the National

7 Board of Directors to the Secretary of the Air

8 Force.

9 ‘‘(D) Any officers of the Air Force on active

10 duty, other members of the Air Force, and employ11 ees of the Air Force that may be assigned to the

12 staff of the national headquarters of the Civil Air

13 Patrol.

14 ‘‘(E) Any volunteer members of the Civil Air

15 Patrol, and any employees of the Civil Air Patrol,

16 that the Executive Director and National Board of

17 Directors determine are necessary for administering

18 the organization and ensuring that it is capable of

19 assisting the Air Force in the performance of its

20 noncombat mission.

21 ‘‘(3) A member of the Regular Air Force, Air Force

22 Reserve, or Air National Guard serving in a position pro23 vided for under paragraph (2) may not receive any com24 pensation for service other than the pay and allowances

25 to which the member is otherwise entitled as a member
295

•S 1059 PCS

1 of the armed forces. A member may serve in such a posi2 tion notwithstanding any prohibition on participation of

3 active duty members of the armed forces in the manage4 ment of non-Federal entities.

5 ‘‘(4)(A) Except as provided in subsection (e), a mem6 ber or employee of the Civil Air Patrol is not, by reason

7 of that membership or employment—

8 ‘‘(i) an employee of the Federal Government; or

9 ‘‘(ii) subject to the provisions of law relating to

10 Federal Government employment, including any pro11 vision of law relating to hours of work, entitlement

12 to or rates of compensation, leave, unemployment

13 compensation, or any other Federal employee benefit

14 nor to the ethics laws, conflict of interests laws, and

15 other laws and regulations governing the conduct of

16 Federal employees.

17 ‘‘(B) Nothing in subparagraph (A) limits the author18 ity of the Secretary to prescribe standards applicable to

19 the conduct and behavior of members and employees of

20 the Civil Air Patrol and to enforce those standards.’’.

21 (b) ADDITIONAL ADMINISTRATIVE CONDITIONS.—

22 Section 9441 of such title, as amended by subsection (a),

23 is further amended by adding at the end the following:

24 ‘‘(f) FUNDING PROCEDURES.—Chapter 63 of title 31

25 and regulations governing the provision of appropriated
296

•S 1059 PCS

1 funds to private nonprofit organizations apply to the fur2 nishing of funds to the Civil Air Patrol under subsections

3 (c) and (e) or any other provision of law.

4 ‘‘(g) CONDITIONS RELATING TO EXERCISE OF CHAR5 TER POWERS.—The exercise of the powers granted to the

6 Civil Air Patrol in section 40304 of title 36 is subject to

7 the approval of the Secretary of the Air Force and applica8 ble policies, regulations, or instructions prescribed by the

9 Secretary.’’.

10 (c) TECHNICAL AMENDMENTS.—(1) Subsection (c)

11 of such section, as redesignated by subsection (a)(1), is

12 amended by inserting ‘‘SUPPORT BY AIR FORCE.—’’ after

13 ‘‘(c)’’.

14 (2) Subsection (d) of such section, as redesignated

15 by subsection (a)(1), is amended by inserting ‘‘USE FOR

16 NONCOMBAT MISSION.—’’ after ‘‘(d)’’.

17 (3) Subsection (e) of such section, as redesignated by

18 subsection (a)(1), is amended by inserting ‘‘EMPLOYMENT

19 OF AIR FORCE RETIREES.—’’ after ‘‘(e)’’.

20 SEC. 905. MINIMUM INTERVAL FOR UPDATING AND REVIS21 ING DEPARTMENT OF DEFENSE STRATEGIC

22 PLAN.

23 Section 306(b) of title 5, United States Code, is

24 amended by striking ‘‘, and shall be updated and revised

25 at least every three years.’’ and inserting a period and the
297

•S 1059 PCS

1 following: ‘‘The strategic plan shall be updated and revised

2 at least every three years, except that the strategic plan

3 for the Department of Defense shall be updated and re4 vised at least every four years.’’.

5 SEC. 906. PERMANENT REQUIREMENT FOR QUADRENNIAL

6 DEFENSE REVIEW.

7 (a) REVIEW REQUIRED.—Chapter 2 of title 10,

8 United States Code, is amended by inserting after section

9 117 the following:

10 ‘‘§ 118. Quadrennial defense review

11 ‘‘(a) REVIEW REQUIRED.—The Secretary of Defense,

12 in consultation with the Chairman of the Joint Chiefs of

13 Staff, shall conduct in each year in which a President is

14 inaugurated a comprehensive examination of the defense

15 strategy, force structure, force modernization plans, infra16 structure, budget plan, and other elements of the defense

17 program and policies with a view toward determining and

18 expressing the defense strategy of the United States and

19 establishing a revised defense plan for the ensuing 10

20 years and a revised defense plan for the ensuing 20 years.

21 ‘‘(b) CONSIDERATION OF REPORTS OF NATIONAL

22 DEFENSE PANEL.—In conducting the review, the Sec23 retary shall take into consideration the reports of the Na24 tional Defense Panel submitted under section 184(d) of

25 this title.
298

•S 1059 PCS

1 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall

2 submit a report on each review to the Committees on

3 Armed Services of the Senate and the House of Represent4 atives not later than September 30 of the year in which

5 the review is conducted. The report shall include the fol6 lowing:

7 ‘‘(1) The results of the review, including a com8 prehensive discussion of the defense strategy of the

9 United States and the force structure best suited to

10 implement that strategy, expressed in terms of size,

11 characteristics, and organization, or in other terms

12 suitable for characterizing the force structure.

13 ‘‘(2) The size, characteristics, and organization

14 of an alternative force structure that is suited for

15 implementing the strategy but is significantly larger

16 than the force structure discussed under paragraph

17 (1), together with the benefits and risks associated

18 with the larger force structure.

19 ‘‘(3) The size, characteristics, and organization

20 of an alternative force structure that is suited for

21 implementing the strategy but is significantly small22 er than the force structure discussed under para23 graph (1), together with the benefits and risks asso24 ciated with the smaller force structure.
299

•S 1059 PCS

1 ‘‘(4) The threats examined for purposes of the

2 review and the scenarios developed in the examina3 tion of such threats.

4 ‘‘(5) The assumptions used in the review, in5 cluding assumptions relating to the cooperation of

6 allies and mission-sharing, levels of acceptable risk,

7 warning times, and intensity and duration of con8 flict.

9 ‘‘(6) The effect on the force structure of prep10 arations for and participation in peace operations

11 and military operations other than war.

12 ‘‘(7) The effect on the force structure of the

13 utilization by the armed forces of technologies antici14 pated to be available for the ensuing 10 years and

15 technologies anticipated to be available for the ensu16 ing 20 years, including precision guided munitions,

17 stealth, night vision, digitization, and communica18 tions, and the changes in organization, doctrine, and

19 operational concepts that would result from the utili20 zation of such technologies.

21 ‘‘(8) The manpower and sustainment policies

22 required under the defense strategy to support en23 gagement in conflicts lasting more than 120 days.

24 ‘‘(9) The anticipated roles and missions of the

25 reserve components in the defense strategy and the
300

•S 1059 PCS

1 strength, capabilities, and equipment necessary to

2 assure that the reserve components can capably dis3 charge those roles and missions.

4 ‘‘(10) The appropriate ratio of combat forces to

5 support forces (commonly referred to as the ‘‘tooth6 to-tail’’ ratio) under the defense strategy, including,

7 in particular, the appropriate number and size of

8 headquarters units and Defense Agencies for that

9 purpose.

10 ‘‘(11) The air-lift and sea-lift capabilities re11 quired to support the defense strategy.

12 ‘‘(12) The forward presence, pre-positioning,

13 and other anticipatory deployments necessary under

14 the defense strategy for conflict deterrence and ade15 quate military response to anticipated conflicts.

16 ‘‘(13) The extent to which resources must be

17 shifted among two or more theaters under the de18 fense strategy in the event of conflict in such thea19 ters.

20 ‘‘(14) The advisability of revisions to the Uni21 fied Command Plan as a result of the defense strat22 egy.

23 ‘‘(15) Any other matter the Secretary considers

24 appropriate.’’.
301

•S 1059 PCS

1 (b) NATIONAL DEFENSE PANEL.—Chapter 7 of such

2 title is amended by adding at the end the following:

3 ‘‘§ 184. National Defense Panel

4 ‘‘(a) ESTABLISHMENT.—Not later than January 1 of

5 each year immediately preceding a year in which a Presi6 dent is to be inaugurated, the Secretary of Defense shall

7 establish a nonpartisan, independent panel to be known

8 as the National Defense Panel. The Panel shall have the

9 duties set forth in this section.

10 ‘‘(b) MEMBERSHIP AND CHAIRMAN.—(1) The Panel

11 shall be composed of nine members appointed from among

12 persons in the private sector who are recognized experts

13 in matters relating to the national security of the United

14 States, as follows:

15 ‘‘(A) Three members appointed by the Sec16 retary of Defense.

17 ‘‘(B) Three members appointed by the Chair18 man of the Committee on Armed Services of the

19 Senate, in consultation with the ranking member of

20 the committee.

21 ‘‘(C) Three members appointed by the Chair22 man of the Committee on Armed Services of the

23 House of Representatives, in consultation with the

24 ranking member of the committee.
302

•S 1059 PCS

1 ‘‘(2) The Secretary of Defense, in consultation with

2 the chairmen and ranking members of the Committees on

3 Armed Services of the Senate and the House of Represent4 atives, shall designate one of the members to serve as the

5 chairman of the Panel

6 ‘‘(c) DUTIES.—(1) The Panel shall—

7 ‘‘(A) assess the matters referred to in para8 graph (2);

9 ‘‘(B) assess the current and projected strategic

10 environment, together with the progress made by the

11 armed forces in transforming to meet the environ12 ment;

13 ‘‘(C) identify the most dangerous threats to the

14 national security interests of the United States that

15 are to be countered by the United States in the en16 suing 10 years and those that are to be encountered

17 in the ensuing 20 years;

18 ‘‘(D) identify the strategic and operational chal19 lenges for the armed forces to address in order to

20 prepare to counter the threats identified under sub21 paragraph (C);

22 ‘‘(E) develop—

23 ‘‘(i) a recommendation on the priority that

24 should be accorded to each of the strategic and
303

•S 1059 PCS

1 operational challenges identified under subpara2 graph (D); and

3 ‘‘(ii) a recommendation on the priority that

4 should be accorded to the development of each

5 joint capability needed to meet each such chal6 lenge; and

7 ‘‘(F) identify the issues that the Panel rec8 ommends for assessment during the next quadren9 nial review to be conducted under section 118 of this

10 title.

11 ‘‘(2) The matters to be assessed under paragraph

12 (1)(A) are the defense strategy, force structure, force

13 modernization plans, infrastructure, budget plan, and

14 other elements of the defense program and policies estab15 lished since the previous quadrennial defense review under

16 section 118 of this title.

17 ‘‘(3) The Panel shall conduct the assessments under

18 paragraph (1) with a view toward recommending—

19 ‘‘(A) the most critical changes that should be

20 made to the defense strategy of the United States

21 for the ensuing 10 years and the most critical

22 changes that should be made to the defense strategy

23 of the United States for the ensuing 20 years; and

24 ‘‘(B) any changes considered appropriate by the

25 Panel regarding the major weapon systems pro-
304

•S 1059 PCS

1 grammed for the force, including any alternatives to

2 those weapon systems.

3 ‘‘(d) REPORT.—(1) The Panel, in the year that it is

4 conducting an assessment under subsection (c), shall sub5 mit to the Secretary of Defense and to the Committees

6 on Armed Services of the Senate and the House of Rep7 resentatives two reports on the assessment, including a

8 discussion of the Panel’s activities, the findings and rec9 ommendations of the Panel, and any recommendations for

10 legislation that the Panel considers appropriate, as fol11 lows:

12 ‘‘(A) A status report and an outline of current

13 activities not later than July 1 of the year.

14 ‘‘(B) A final report not later than December 1

15 of the year.

16 ‘‘(2) Not later than December 15 of the year in which

17 the Secretary receives a final report under paragraph

18 (1)(B), the Secretary shall submit to the committees re19 ferred to in subsection (b) a copy of the report together

20 with the Secretary’s comments on the report.

21 ‘‘(e) INFORMATION FROM FEDERAL AGENCIES.—

22 The Panel may secure directly from the Department of

23 Defense and any of its components and from any other

24 Federal department and agency such information as the

25 Panel considers necessary to carry out its duties under
305

•S 1059 PCS

1 this section. The head of the department or agency con2 cerned shall ensure that information requested by the

3 Panel under this subsection is promptly provided.

4 ‘‘(f) PERSONNEL MATTERS.—(1) Each member of

5 the Panel shall be compensated at a rate equal to the daily

6 equivalent of the annual rate of basic pay prescribed for

7 level IV of the Executive Schedule under section 5315 of

8 title 5 for each day (including travel time) during which

9 the member is engaged in the performance of the duties

10 of the Panel.

11 ‘‘(2) The members of the Panel shall be allowed travel

12 expenses, including per diem in lieu of subsistence, at

13 rates authorized for employees of agencies under sub14 chapter I of chapter 57 of title 5 while away from their

15 homes or regular places of business in the performance

16 of services for the Panel.

17 ‘‘(3)(A) The chairman of the Panel may, without re18 gard to the civil service laws and regulations, appoint and

19 terminate an executive director and a staff if the Panel

20 determines that an executive director and staff are nec21 essary in order for the Panel to perform its duties effec22 tively. The employment of an executive director shall be

23 subject to confirmation by the Panel.

24 ‘‘(B) The chairman may fix the compensation of the

25 executive director without regard to the provisions of
306

•S 1059 PCS

1 chapter 51 and subchapter III of chapter 53 of title 5 re2 lating to classification of positions and General Schedule

3 pay rates, except that the rate of pay for the executive

4 director may not exceed the rate payable for level V of

5 the Executive Schedule under section 5316 of such title.

6 ‘‘(4) Any Federal Government employee may be de7 tailed to the Panel without reimbursement of the employ8 ee’s agency, and such detail shall be without interruption

9 or loss of civil service status or privilege. The Secretary

10 shall ensure that sufficient personnel are detailed to the

11 Panel to enable the Panel to carry out its duties effec12 tively.

13 ‘‘(5) To the maximum extent practicable, the mem14 bers and employees of the Panel shall travel on military

15 aircraft, military ships, military vehicles, or other military

16 conveyances when travel is necessary in the performance

17 of a duty of the Panel, except that no such aircraft, ship,

18 vehicle, or other conveyance may be scheduled primarily

19 for the transportation of any such member or employee

20 when the cost of commercial transportation is less expen21 sive.

22 ‘‘(g) ADMINISTRATIVE PROVISIONS.—(1) The Panel

23 may use the United States mails and obtain printing and

24 binding services in the same manner and under the same
307

•S 1059 PCS

1 conditions as other departments and agencies of the Fed2 eral Government.

3 ‘‘(2) The Secretary shall furnish the Panel any ad4 ministrative and support services requested by the Panel.

5 ‘‘(3) The Panel may accept, use, and dispose of gifts

6 or donations of services or property.

7 ‘‘(h) PAYMENT OF PANEL EXPENSES.—The com8 pensation, travel expenses, and per diem allowances of

9 members and employees of the Panel shall be paid out of

10 funds available to the Department of Defense for the pay11 ment of compensation, travel allowances, and per diem al12 lowances, respectively, of civilian employees of the Depart13 ment. The other expenses of the Panel shall be paid out

14 of funds available to the Department for the payment of

15 similar expenses incurred by the Department.

16 ‘‘(i) TERMINATION.—The Panel shall terminate at

17 the end of the year following the year in which the Panel

18 submits its final report under subsection (d)(1)(B). For

19 the period that begins 90 days after the date of submittal

20 of the report, the activities and staff of the panel shall

21 be reduced to a level that the Secretary of Defense con22 siders sufficient to continue the availability of the panel

23 for consultation with the Secretary of Defense and with

24 the Committees on Armed Services of the Senate and the

25 House of Representatives.’’.
308

•S 1059 PCS

1 (c) CLERICAL AMENDMENTS.—(1) The table of sec2 tions at the beginning of chapter 2 of title 10, United

3 States Code, is amended by inserting after the item relat4 ing to section 117 the following:

‘‘118. Quadrennial defense review.’’.

5 (2) The table of sections at the beginning of chapter

6 7 of such title is amended by adding at the end the fol7 lowing:

‘‘184. National Defense Panel.’’.

8 Subtitle B—Commission To Assess

9 United States National Security

10 Space Management and Organi11 zation

12 SEC. 911. ESTABLISHMENT OF COMMISSION.

13 (a) ESTABLISHMENT.—There is hereby established a

14 commission known as the ‘‘Commission To Assess United

15 States National Security Space Management and Organi16 zation’’ (hereafter in this subtitle referred to as the ‘‘Com17 mission’’).

18 (b) COMPOSITION.—The Commission shall be com19 posed of nine members appointed by the Secretary of De20 fense. In selecting individuals for appointment to the Com21 mission, the Secretary should consult with—

22 (1) the Speaker of the House of Representa23 tives concerning the appointment of three of the

24 members of the Commission;
309

•S 1059 PCS

1 (2) the majority leader of the Senate concerning

2 the appointment of three of the members of the

3 Commission; and

4 (3) the minority leader of the House of Rep5 resentatives and the minority leader of the Senate

6 concerning the appointment of three of the members

7 of the Commission.

8 (c) QUALIFICATIONS.—Members of the Commission

9 shall be appointed from among private citizens of the

10 United States who have knowledge and expertise in the

11 areas of national security space policy, programs, organi12 zations, and future national security concepts.

13 (d) CHAIRMAN.—The Speaker of the House of Rep14 resentatives, after consultation with the majority leader of

15 the Senate and the minority leaders of the House of Rep16 resentatives and the Senate, shall designate one of the

17 members of the Commission to serve as chairman of the

18 Commission.

19 (e) PERIOD OF APPOINTMENT; VACANCIES.—Mem20 bers shall be appointed for the life of the Commission. Any

21 vacancy in the Commission shall be filled in the same man22 ner as the original appointment.

23 (f) SECURITY CLEARANCES.—All members of the

24 Commission shall hold appropriate security clearances.
310

•S 1059 PCS

1 (g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

2 appointments to the Commission shall be made not later

3 than 90 days after the date of the enactment of this Act.

4 (2) The Commission shall convene its first meeting

5 not later than 60 days after the date as of which all mem6 bers of the Commission have been appointed, but not ear7 lier than October 15, 1999.

8 SEC. 912. DUTIES OF COMMISSION.

9 (a) REVIEW OF UNITED STATES NATIONAL SECU10 RITY SPACE MANAGEMENT AND ORGANIZATION.—The

11 Commission shall, with a focus on changes to be imple12 mented over the near-term, medium-term, and long-term

13 that would strengthen United States national security, re14 view the following:

15 (1) The relationship between the intelligence

16 and nonintelligence aspects of national security

17 space (so-called ‘‘white space’’ and ‘‘black space’’),

18 and the potential benefits of a partial or complete

19 merger of the programs, projects, or activities that

20 are differentiated by the two aspects.

21 (2) The benefits of establishing any of the fol22 lowing:

23 (A) An independent military department

24 and service dedicated to the national security

25 space mission.
311

•S 1059 PCS

1 (B) A corps within the Air Force dedicated

2 to the national security space mission.

3 (C) A position of Assistant Secretary of

4 Defense for Space within the Office of the Sec5 retary of Defense.

6 (D) Any other change to the existing orga7 nizational structure of the Department of De8 fense for national security space management

9 and organization.

10 (3) The benefits of establishing a new major

11 force program, or other budget mechanism, for man12 aging national security space funding within the De13 partment of Defense.

14 (b) COOPERATION FROM GOVERNMENT OFFI15 CIALS.—In carrying out its duties, the Commission should

16 receive the full and timely cooperation of the Secretary

17 of Defense, the Director of Central Intelligence, and any

18 other United States Government official responsible for

19 providing the Commission with analyses, briefings, and

20 other information necessary for the fulfillment of its re21 sponsibilities.

22 SEC. 913. REPORT.

23 The Commission shall, not later than six months

24 after the date of its first meeting, submit to Congress a

25 report on its findings and conclusions.
312

•S 1059 PCS

1 SEC. 914. POWERS.

2 (a) HEARINGS.—The Commission or, at its direction,

3 any panel or member of the Commission, may, for the pur4 pose of carrying out the provisions of this subtitle, hold

5 hearings, sit and act at times and places, take testimony,

6 receive evidence, and administer oaths to the extent that

7 the Commission or any panel or member considers advis8 able.

9 (b) INFORMATION.—The Commission may secure di10 rectly from the Department of Defense, the other depart11 ments and agencies of the intelligence community, and any

12 other Federal department or agency information that the

13 Commission considers necessary to enable the Commission

14 to carry out its responsibilities under this subtitle.

15 SEC. 915. COMMISSION PROCEDURES.

16 (a) MEETINGS.—The Commission shall meet at the

17 call of the Chairman.

18 (b) QUORUM.—(1) Five members of the Commission

19 shall constitute a quorum other than for the purpose of

20 holding hearings.

21 (2) The Commission shall act by resolution agreed

22 to by a majority of the members of the Commission.

23 (c) COMMISSION.—The Commission may establish

24 panels composed of less than full membership of the Com25 mission for the purpose of carrying out the Commission’s

26 duties. The actions of each such panel shall be subject to
313

•S 1059 PCS

1 the review and control of the Commission. Any findings

2 and determinations made by such a panel shall not be con3 sidered the findings and determinations of the Commis4 sion unless approved by the Commission.

5 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM6 MISSION.—Any member or agent of the Commission may,

7 if authorized by the Commission, take any action which

8 the Commission is authorized to take under this subtitle.

9 SEC. 916. PERSONNEL MATTERS.

10 (a) PAY OF MEMBERS.—Members of the Commission

11 shall serve without pay by reason of their work on the

12 Commission.

13 (b) TRAVEL EXPENSES.—The members of the Com14 mission shall be allowed travel expenses, including per

15 diem in lieu of subsistence, at rates authorized for employ16 ees of agencies under subchapter I of chapter 57 of title

17 5, United States Code, while away from their homes or

18 regular places of business in the performance of services

19 for the Commission.

20 (c) STAFF.—(1) The chairman of the Commission

21 may, without regard to the provisions of title 5, United

22 States Code, governing appointments in the competitive

23 service, appoint a staff director and such additional per24 sonnel as may be necessary to enable the Commission to
314

•S 1059 PCS

1 perform its duties. The appointment of a staff director

2 shall be subject to the approval of the Commission.

3 (2) The chairman of the Commission may fix the pay

4 of the staff director and other personnel without regard

5 to the provisions of chapter 51 and subchapter III of chap6 ter 53 of title 5, United States Code, relating to classifica7 tion of positions and General Schedule pay rates, except

8 that the rate of pay fixed under this paragraph for the

9 staff director may not exceed the rate payable for level

10 V of the Executive Schedule under section 5316 of such

11 title and the rate of pay for other personnel may not ex12 ceed the maximum rate payable for grade GS–15 of the

13 General Schedule.

14 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

15 request of the chairman of the Commission, the head of

16 any Federal department or agency may detail, on a non17 reimbursable basis, any personnel of that department or

18 agency to the Commission to assist it in carrying out its

19 duties.

20 (e) PROCUREMENT OF TEMPORARY AND INTERMIT21 TENT SERVICES.—The chairman of the Commission may

22 procure temporary and intermittent services under section

23 3109(b) of title 5, United States Code, at rates for individ24 uals which do not exceed the daily equivalent of the annual
315

•S 1059 PCS

1 rate of basic pay payable for level V of the Executive

2 Schedule under section 5316 of such title.

3 SEC. 917. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

4 (a) POSTAL AND PRINTING SERVICES.—The Com5 mission may use the United States mails and obtain print6 ing and binding services in the same manner and under

7 the same conditions as other departments and agencies of

8 the Federal Government.

9 (b) MISCELLANEOUS ADMINISTRATIVE AND SUP10 PORT SERVICES.—The Secretary of Defense shall furnish

11 the Commission, on a reimbursable basis, any administra12 tive and support services requested by the Commission.

13 SEC. 918. FUNDING.

14 Funds for activities of the Commission shall be pro15 vided from amounts appropriated for the Department of

16 Defense for operation and maintenance for Defense-wide

17 activities for fiscal year 2000. Upon receipt of a written

18 certification from the Chairman of the Commission speci19 fying the funds required for the activities of the Commis20 sion, the Secretary of Defense shall promptly disburse to

21 the Commission, from such amounts, the funds required

22 by the Commission as stated in such certification.

23 SEC. 919. TERMINATION OF THE COMMISSION.

24 The Commission shall terminate 60 days after the

25 date of the submission of its report under section 913.
316

•S 1059 PCS

1 TITLE X—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 1001. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

5 (1) Upon determination by the Secretary of Defense that

6 such action is necessary in the national interest, the Sec7 retary may transfer amounts of authorizations made avail8 able to the Department of Defense in this division for fis9 cal year 2000 between any such authorizations for that

10 fiscal year (or any subdivisions thereof). Amounts of au11 thorizations so transferred shall be merged with and be

12 available for the same purposes as the authorization to

13 which transferred.

14 (2) The total amount of authorizations that the Sec15 retary may transfer under the authority of this section

16 may not exceed $2,000,000,000.

17 (b) LIMITATIONS.—The authority provided by this

18 section to transfer authorizations—

19 (1) may only be used to provide authority for

20 items that have a higher priority than the items

21 from which authority is transferred; and

22 (2) may not be used to provide authority for an

23 item that has been denied authorization by Con24 gress.
317

•S 1059 PCS

1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

2 transfer made from one account to another under the au3 thority of this section shall be deemed to increase the

4 amount authorized for the account to which the amount

5 is transferred by an amount equal to the amount trans6 ferred.

7 (d) NOTICE TO CONGRESS.—The Secretary shall

8 promptly notify Congress of each transfer made under

9 subsection (a).

10 SEC. 1002. SECOND BIENNIAL FINANCIAL MANAGEMENT

11 IMPROVEMENT PLAN.

12 The second biennial financial management improve13 ment plan submitted to Congress under section 2222 of

14 title 10, United States Code, shall include the following

15 matters:

16 (1) An inventory of the finance and accounting

17 systems and data feeder systems of the Department

18 of Defense and, for each such system—

19 (A) a statement regarding whether the sys20 tem complies with the requirements applicable

21 to the system under sections 3512, 3515, and

22 3521 of title 31, United States Code;

23 (B) a statement regarding whether the sys24 tem is to be retained, consolidated, or elimi25 nated;
318

•S 1059 PCS

1 (C) a detailed plan of the actions that are

2 being taken or are to be taken within the De3 partment of Defense (including provisions for

4 schedule, performance objectives, interim mile5 stones, and necessary resources)—

6 (i) to ensure easy and reliable inter7 facing of the system (or a consolidated or

8 successor system) with the department’s

9 core finance and accounting systems and

10 with other data feeder systems; and

11 (ii) to institute appropriate internal

12 controls that, among other benefits, ensure

13 the integrity of the data in the system (or

14 a consolidated or successor system);

15 (D) for each system that is to be consoli16 dated or eliminated, a detailed plan of the ac17 tions that are being taken or are to be taken

18 (including provisions for schedule and interim

19 milestones) in carrying out the consolidation or

20 elimination, including a discussion of both the

21 interim or migratory systems and any further

22 consolidation that may be involved; and

23 (E) a list of the officials in the Depart24 ment of Defense who are responsible for ensur-
319

•S 1059 PCS

1 ing that actions referred to in subparagraphs

2 (C) and (D) are taken in a timely manner.

3 (2) A description of each major procurement

4 action that is being taken within the Department of

5 Defense to replace or improve a finance and ac6 counting system or a data feeder system listed in the

7 inventory under paragraph (1) and, for each such

8 procurement action, the measures that are being

9 taken or are to be taken to ensure that the new or

10 enhanced system—

11 (A) provides easy and reliable interfacing

12 of the system with the core finance and ac13 counting systems of the department and with

14 other data feeder systems; and

15 (B) includes appropriate internal controls

16 that, among other benefits, ensure the integrity

17 of the data in the system.

18 (3) A financial management competency plan

19 that includes performance objectives, milestones (in20 cluding interim objectives), responsible officials, and

21 the necessary resources to accomplish the perform22 ance objectives, together with the following:

23 (A) A description of the actions necessary

24 to ensure that the person in each comptroller

25 position (or comparable position) in the Depart-
320

•S 1059 PCS

1 ment of Defense, whether a member of the

2 Armed Forces or a civilian employee, has the

3 education, technical competence, and experience

4 to perform in accordance with the core com5 petencies necessary for financial management.

6 (B) A description of the education that is

7 necessary for a financial manager in a senior

8 grade to be knowledgeable in—

9 (i) applicable laws and administrative

10 and regulatory requirements, including the

11 requirements and procedures relating to

12 Government performance and results

13 under sections 1105(a)(28), 1115, 1116,

14 1117, 1118, and 1119 of title 31, United

15 States Code;

16 (ii) the strategic planning process and

17 how the process relates to resource man18 agement;

19 (iii) budget operations and analysis

20 systems;

21 (iv) management analysis functions

22 and evaluation; and

23 (v) the principles, methods, tech24 niques, and systems of financial manage25 ment.
321

•S 1059 PCS

1 (C) The advantages and disadvantages of

2 establishing and operating a consolidated De3 partment of Defense school that instructs in the

4 principles referred to in subparagraph (B)(v).

5 (D) The applicable requirements for formal

6 civilian education.

7 (4) A detailed plan (including performance ob8 jectives and milestones and standards for measuring

9 progress toward attainment of the objectives) for—

10 (A) improving the internal controls and in11 ternal review processes of the Defense Finance

12 and Accounting Service to provide reasonable

13 assurances that—

14 (i) obligations and costs are in compli15 ance with the applicable laws;

16 (ii) funds, property, and other assets

17 are safeguarded against waste, loss, unau18 thorized use, and misappropriation; and

19 (iii) revenues and expenditures appli20 cable to agency operations are properly re21 corded and accounted for so as to permit

22 the preparation of accounts and reliable fi23 nancial and statistical reports and to main24 tain accountability over assets;
322

•S 1059 PCS

1 (B) ensuring that the Defense Finance and

2 Accounting Service has—

3 (i) a single standard transaction gen4 eral ledger;

5 (ii) an integrated data base for fi6 nance and accounting functions; and

7 (iii) automated cost, performance, and

8 other output measures;

9 (C) providing a single, consistent set of

10 policies and procedures for financial trans11 actions throughout the Department of Defense;

12 (D) ensuring compliance with applicable

13 policies and procedures for financial trans14 actions throughout the Department of Defense;

15 and

16 (E) reviewing safeguards for preservation

17 of assets and verifying the existence of assets.

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):
323

•S 1059 PCS

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. The Director of the Office of Management and

15 Budget shall provide in the regulations under subsection

16 (a) that when a required payment date is so specified for

17 an invoice, no other payment due date applies to the in18 voice.’’.

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:
324

•S 1059 PCS

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 SEC. 1005. PAYMENT OF FOREIGN LICENSING FEES OUT

22 OF PROCEEDS OF SALES OF MAPS, CHARTS,

23 AND NAVIGATIONAL BOOKS.

24 (a) IN GENERAL.—Subchapter II of chapter 22 of

25 title 10, United States Code, is amended—
325

•S 1059 PCS

1 (1) by redesignating section 456 as section 457;

2 and

3 (2) by inserting after section 455 the following

4 new section 456:

5 ‘‘§ 456. Maps, charts, and navigational publications:

6 use of proceeds of sale for foreign licens7 ing and other fees

8 ‘‘(a) AUTHORITY TO PAY FOREIGN LICENSING

9 FEES.—The Secretary of Defense may pay, out of the pro10 ceeds of sales of maps, charts, and other publications of

11 the National Imagery and Mapping Agency (which are

12 hereby made available for the purpose), any licensing or

13 other fees imposed by foreign countries or international

14 organizations for the acquisition or use of data or products

15 by the Agency.

16 ‘‘(b) DISPOSITION OF OTHER PROCEEDS.—Any pro17 ceeds of sales not paid under the authority in subsection

18 (a) shall be deposited by the Secretary of Defense in the

19 Treasury as miscellaneous receipts.’’.

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

21 at the beginning of that subchapter is amended by striking

22 the item relating to section 456 and inserting the following

23 new items:

‘‘456. Maps, charts, and navigational publications: use of proceeds of sale for

foreign licensing and other fees.

‘‘457. Civil actions barred.’’.
326

•S 1059 PCS

1 SEC. 1006. AUTHORITY FOR DISBURSING OFFICERS TO

2 SUPPORT USE OF AUTOMATED TELLER MA3 CHINES ON NAVAL VESSELS FOR FINANCIAL

4 TRANSACTIONS.

5 Section 3342(a) of title 31, United States Code, is

6 amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (2);

9 (2) by striking the period at the end of para10 graph (3)(B) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new

12 paragraph (4):

13 ‘‘(4) with respect to automated teller machines

14 on naval vessels—

15 ‘‘(A) provide operating funds to the auto16 mated teller machines; and

17 ‘‘(B) accept, for safekeeping, deposits and

18 transfers of funds made through the automated

19 teller machines.’’.

20 SEC. 1007. CENTRAL TRANSFER ACCOUNT FOR COM21 BATING TERRORISM.

22 (a) AMOUNT FOR FISCAL YEAR 2000.—(1) Of the

23 amounts authorized to be appropriated under this Act for

24 the Department of Defense for fiscal year 2000,

25 $1,954,430,000 shall be available from the sources and

26 in the amounts specified in paragraph (2) for the missions
327

•S 1059 PCS

1 of the Department of Defense related to combating ter2 rorism inside and outside the United States.

3 (2) The amounts and sources referred to in para4 graph (1) are as follows:

5 (A) $229,820,000 of the total amount author6 ized to be appropriated pursuant to title I for fiscal

7 year 2000.

8 (B) $212,510,000 of the total amount author9 ized to be appropriated pursuant to title II for fiscal

10 year 2000.

11 (C) $1,512,100,000 of the total amount author12 ized to be appropriated pursuant to title III for fis13 cal year 2000 (except for the amount authorized to

14 be appropriated under section 301(a)(25)).

15 (b) TRANSFER.—(1) The amounts made available

16 under subsection (a) from the authorizations of appropria17 tions referred to in that subsection shall be transferred

18 to the amount authorized to be appropriated under section

19 301(a)(25).

20 (2) The transfer authority provided in this section is

21 in addition to the transfer authority provided in section

22 1001.

23 (c) BUDGET PROPOSALS FOR FISCAL YEARS AFTER

24 FISCAL YEAR 2000.—The budget of the United States

25 Government submitted to Congress under section 1105 of
328

•S 1059 PCS

1 title 31, United States Code, for each fiscal year after fis2 cal year 2000 shall set forth separately for a single ac3 count the amount requested for the missions of the De4 partment of Defense related to combating terrorism inside

5 and outside the United States.

6 SEC. 1008. UNITED STATES CONTRIBUTION TO NATO COM7 MON-FUNDED BUDGETS IN FISCAL YEAR 2000.

8 (a) FISCAL YEAR 2000 LIMITATION.—The total

9 amount contributed by the Secretary of Defense in fiscal

10 year 2000 for the common-funded budgets of NATO may

11 be any amount up to, but not in excess of, the amount

12 specified in subsection (b) (rather than the maximum

13 amount that would otherwise be applicable to those con14 tributions under the fiscal year 1998 baseline limitation).

15 (b) TOTAL AMOUNT.—The amount of the limitation

16 applicable under subsection (a) is the sum of the following:

17 (1) The amounts of unexpended balances, as of

18 the end of fiscal year 1999, of funds appropriated

19 for fiscal years before fiscal year 2000 for payments

20 for those budgets.

21 (2) The amount authorized to be appropriated

22 under section 301(a)(1) that is available for con23 tributions for the NATO common-funded military

24 budget under section 311.
329

•S 1059 PCS

1 (3) The amount authorized to be appropriated

2 under section 201 that is available for contribution

3 for the NATO common-funded civil budget under

4 section 211.

5 (4) The total amount of the contributions au6 thorized to be made under section 2501.

7 (c) DEFINITIONS.—For purposes of this section:

8 (1) COMMON-FUNDED BUDGETS OF NATO.—

9 The term ‘‘common-funded budgets of NATO’’

10 means the Military Budget, the Security Investment

11 Program, and the Civil Budget of the North Atlantic

12 Treaty Organization (and any successor or addi13 tional account or program of NATO).

14 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

15 The term ‘‘fiscal year 1998 baseline limitation’’

16 means the maximum annual amount of Department

17 of Defense contributions for common-funded budgets

18 of NATO that is set forth as the annual limitation

19 in section 3(2)(C)(ii) of the resolution of the Senate

20 giving the advice and consent of the Senate to the

21 ratification of the Protocols to the North Atlantic

22 Treaty of 1949 on the Accession of Poland, Hun23 gary, and the Czech Republic (as defined in section

24 4(7) of that resolution), approved by the Senate on

25 April 30, 1998.
330

•S 1059 PCS

1 Subtitle B—Naval Vessels and

2 Shipyards

3 SEC. 1011. SALES OF NAVAL SHIPYARD ARTICLES AND

4 SERVICES TO NUCLEAR SHIP CONTRACTORS.

5 (a) WAIVER OF REQUIRED CONDITIONS.—Chapter

6 633 of title 10, United States Code, is amended by insert7 ing after section 7299a the following:

8 ‘‘§ 7300. Contracts for nuclear ships: sales of naval

9 shipyard articles and services to contrac10 tors

11 ‘‘The conditions set forth in section 2208(j)(2) of this

12 title and subsections (a)(1) and (c)(1) of section 2553 of

13 this title shall not apply to a sale of articles or services

14 of a naval shipyard that is made to a contractor under

15 a Department of Defense contract for a nuclear ship in

16 order to facilitate the contractor’s fulfillment of that con17 tract.’’.

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

19 at the beginning of such chapter is amended by inserting

20 after the item relating to section 7299a the following:

‘‘7300. Contracts for nuclear ships: sales of naval shipyard articles and services

to contractors.’’.
331

•S 1059 PCS

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 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.
332

•S 1059 PCS

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).
333

•S 1059 PCS

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.
334

•S 1059 PCS

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–
335

•S 1059 PCS

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.
336

•S 1059 PCS

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
337

•S 1059 PCS

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:
338

•S 1059 PCS

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:
339

•S 1059 PCS

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
340

•S 1059 PCS

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
341

•S 1059 PCS

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:
342

•S 1059 PCS

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
343

•S 1059 PCS

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.
344

•S 1059 PCS

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;
345

•S 1059 PCS

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
346

•S 1059 PCS

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
347

•S 1059 PCS

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—
348

•S 1059 PCS

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;
349

•S 1059 PCS

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-
350

•S 1059 PCS

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-
351

•S 1059 PCS

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.
352

•S 1059 PCS

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-
353

•S 1059 PCS

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
354

•S 1059 PCS

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.
355

•S 1059 PCS

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
356

•S 1059 PCS

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 shall submit

8 to the Committees on Armed Services of the Senate and

9 the House of Representatives a report on implementation

10 of the Defense Capabilities Initiative by the nations of the

11 NATO Alliance. The report shall include the following:

12 (A) A discussion of the work of the temporary

13 High-Level Steering Group, or any successor group,

14 established to oversee the implementation of the De15 fense Capabilities Initiative and to meet the require16 ment of coordination and harmonization among rel17 evant planning disciplines.

18 (B) A description of the actions taken, includ19 ing implementation of the Multinational Logistics

20 Center concept and development of the C3 system

21 architecture, by the Alliance as a whole to further

22 the Defense Capabilities Initiative.

23 (C) A description of the actions taken by each

24 of our NATO allies to improve the capabilities of

25 their forces in each of the following areas:
357

•S 1059 PCS

1 (i) Interoperability with other Alliance

2 forces.

3 (ii) Deployability and mobility.

4 (iii) Sustainability and logistics.

5 (iv) Survivability and effective engagement

6 capability.

7 (v) Command and control and information

8 systems.

9 (4) The report shall be submitted in unclassified

10 form, but may also be submitted in classified form if nec11 essary.

12 Subtitle D—Other Matters

13 SEC. 1041. LIMITATION ON RETIREMENT OR DISMANTLE14 MENT OF STRATEGIC NUCLEAR DELIVERY

15 SYSTEMS.

16 (a) ONE-YEAR EXTENSION.—Subsection (g) of sec17 tion 1302 of the National Defense Authorization Act for

18 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1948),

19 as amended by section 1501 of the Strom Thurmond Na20 tional Defense Authorization Act for Fiscal Year 1999

21 (Public Law 105–261; 112 Stat. 2171), is further amend22 ed by striking ‘‘and 1999’’ and inserting ‘‘through 2000’’.

23 (b) MINIMUM LEVELS FOR CERTAIN SYSTEMS.—

24 Subsection (a) of such section is amended—
358

•S 1059 PCS

1 (1) in paragraph (1), by striking ‘‘71’’ and in2 serting ‘‘76’’; and

3 (2) in paragraph (2), by striking ‘‘18’’ and in4 serting ‘‘14’’.

5 SEC. 1042. LIMITATION ON REDUCTION IN UNITED STATES

6 STRATEGIC NUCLEAR FORCES.

7 (a) LIMITATION ON REDUCTION OF UNITED STATES

8 STRATEGIC NUCLEAR FORCES.—None of the funds au9 thorized to be appropriated by this or any other Act for

10 fiscal year 2000 may be used to reduce the number of

11 United States strategic nuclear forces below the maximum

12 number of those forces, for each category of nuclear arms,

13 permitted the United States under the START II Treaty

14 unless the President submits to Congress a report con15 taining an assessment indicating that such reductions

16 would not impede the capability of the United States to

17 respond militarily to any militarily significant increase in

18 the challenge to United States security or strategic sta19 bility posed by nuclear weapon modernization programs of

20 the People’s Republic of China or any other nation.

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that, in negotiating a START III Treaty with the

23 Russian Federation, or any other arms control treaty with

24 the Russian Federation making comparable amounts of

25 reductions in United States strategic nuclear forces—
359

•S 1059 PCS

1 (1) the strategic nuclear forces and nuclear

2 modernization programs of the People’s Republic of

3 China and every other nation possessing nuclear

4 weapons should be taken into full consideration in

5 the negotiation of such treaty; and

6 (2) such programs should not undermine the

7 limitations set forth in the treaty.

8 (c) RULE OF CONSTRUCTION.—Nothing in this sec9 tion may be construed to authorize the retirement or dis10 mantlement, or the preparation for retirement or dis11 mantlement, of any strategic nuclear delivery system de12 scribed in section 1302 of the National Defense Authoriza13 tion Act for Fiscal Year 1998 (Public Law 105–85) below

14 the level specified for the system in that section, as amend15 ed by section 1041.

16 (d) DEFINITIONS.—In this section:

17 (1) START II TREATY DEFINED.—The term

18 ‘‘START II Treaty’’ means the Treaty Between the

19 United States of America and the Russian Federa20 tion on Further Reduction and Limitation of Stra21 tegic Offensive Arms, and related protocols and

22 memorandum of understanding, signed at Moscow

23 on January 3, 1993.

24 (2) UNITED STATES STRATEGIC NUCLEAR

25 FORCES.—The term ‘‘United States strategic nu-
360

•S 1059 PCS

1 clear forces’’ includes intercontinental ballistic mis2 siles (ICBMs) and ICBM launchers, submarine3 launched ballistic missiles (SLBMs) and SLBM

4 launchers, heavy bombers, ICBM warheads, SLBM

5 warheads, and heavy bomber nuclear armaments.

6 SEC. 1043. COUNTERPROLIFERATION PROGRAM REVIEW

7 COMMITTEE.

8 (a) EXTENSION OF COMMITTEE.—Section 1605(f) of

9 the National Defense Authorization Act for Fiscal Year

10 1994 (Public Law 103–160; 22 U.S.C. 2751 note) is

11 amended by striking ‘‘September 30, 2000’’ and inserting

12 ‘‘September 30, 2004’’.

13 (b) EXECUTIVE SECRETARY OF THE COMMITTEE.—

14 Paragraph (5) of section 1605(a) of the National Defense

15 Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751

16 note) is amended to read as follows:

17 ‘‘(5) The Assistant Secretary of Defense for Strategy

18 and Threat Reduction shall serve as executive secretary

19 to the committee.’’.

20 (c) EARLIER DEADLINE FOR ANNUAL REPORT ON

21 COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.—

22 Section 1503(a) of the National Defense Authorization

23 Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amend24 ed by striking ‘‘May 1 of each year’’ and inserting ‘‘Feb25 ruary 1 of each year’’.
361

•S 1059 PCS

1 SEC. 1044. LIMITATION REGARDING COOPERATIVE

2 THREAT REDUCTION PROGRAMS.

3 Funds authorized to be appropriated under this Act

4 may not be obligated or expended for assistance for a

5 country under any Cooperative Threat Reduction program

6 specified under section 1501 of the National Defense Au7 thorization Act for Fiscal Year 1997 (Public Law 104–

8 201; 50 U.S.C. 2362 note) until the President certifies

9 to Congress that the government of that country is com10 mitted to—

11 (1) complying with all relevant arms control

12 agreements;

13 (2) facilitating United States verification of

14 weapons destruction;

15 (3) forgoing any use of fissionable and other

16 components of destroyed nuclear weapons in new nu17 clear weapons;

18 (4) forgoing the replacement of destroyed weap19 ons of mass destruction; and

20 (5) forgoing any military modernization pro21 gram that exceeds legitimate defense requirements.
362

•S 1059 PCS

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
363

•S 1059 PCS

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
364

•S 1059 PCS

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
365

•S 1059 PCS

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
366

•S 1059 PCS

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-
367

•S 1059 PCS

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—
368

•S 1059 PCS

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) $40,000,000 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.
369

•S 1059 PCS

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.
370

•S 1059 PCS

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).
371

•S 1059 PCS

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.

14 (b) COSTS OF REDESIGN OR REBUILDING OF MILI15 TARY SYSTEMS.—If it is necessary for the Department of

16 Defense to redesign or rebuild a communication system

17 used by the department because of a violation of sub18 section (a) by a non-Department of Defense entity, that

19 entity shall be liable to the United States for the costs

20 incurred by the United States for the redesign or rebuild21 ing of the Department of Defense system or, if the entity

22 is a department or agency of the United States, shall

23 transfer to the Department of Defense funds in the

24 amount of such costs.
372

•S 1059 PCS

1 (c) EFFECTIVE DATE.—This section applies with re2 spect to operation of a communication system, device, or

3 apparatus on or after October 1, 1999.

4 SEC. 1050. OFF-SHORE ENTITIES INTERFERING WITH DE5 PARTMENT OF DEFENSE USE OF THE FRE6 QUENCY SPECTRUM.

7 (a) LIMITATION ON USE OF FUNDS.—Funds author8 ized to be appropriated or otherwise made available by this

9 or any other Act may not be obligated to enter into any

10 contract with, make any payment to, or issue any broad11 cast or other license or permit to any entity that broad12 casts from outside the United States into the United

13 States on any frequency that, as of the date of the enact14 ment of this Act, is reserved to or used by the Department

15 of Defense, unless the broadcasting is authorized under

16 law.

17 (b) SAVINGS PROVISION.—The provisions of sub18 section (a) shall not be construed to interfere with the en19 forcement authority of the Federal Communications Com20 mission under the Communications Act of 1934 or any

21 other law.
373

•S 1059 PCS

1 SEC. 1051. REPEAL OF LIMITATION ON AMOUNT OF FED2 ERAL EXPENDITURES FOR THE NATIONAL

3 GUARD CHALLENGE PROGRAM.

4 Section 509(b) of title 32, United States Code, is

5 amended by striking ‘‘, except that Federal expenditures

6 under the program may not exceed $50,000,000 for any

7 fiscal year’’.

8 SEC. 1052. NONDISCLOSURE OF INFORMATION ON PER9 SONNEL OF OVERSEAS, SENSITIVE, OR ROU10 TINELY DEPLOYABLE UNITS.

11 (a) IN GENERAL.—Chapter 3 of title 10, United

12 States Code, is amended by inserting after section 130a

13 the following:

14 ‘‘§ 130b. Nondisclosure of information: personnel in

15 overseas, sensitive, or routinely

16 deployable units

17 ‘‘(a) EXEMPTION FROM DISCLOSURE.—Notwith18 standing any other provision of law, the Secretary of De19 fense and, with respect to the Coast Guard when it is not

20 operating as a service in the Navy, the Secretary of Trans21 portation may authorize to be withheld from disclosure to

22 the public the name, rank, duty address, official title, and

23 information regarding the pay of—

24 ‘‘(1) members of the armed forces assigned to

25 overseas, sensitive, or routinely deployable units; and
374

•S 1059 PCS

1 ‘‘(2) employees of the Department of Defense

2 or of the Coast Guard whose duty stations are with

3 overseas, sensitive, or routinely deployable units.

4 ‘‘(b) EXCEPTIONS.—(1) The authority in subsection

5 (a) is subject to such exceptions as the President may di6 rect.

7 ‘‘(2) Subsection (a) does not authorize any official to

8 withhold, or to authorize the withholding of, information

9 from Congress.

10 ‘‘(c) DEFINITIONS.—In this section:

11 ‘‘(1) The term ‘unit’ means a military organiza12 tion of the armed forces designated as a unit by

13 competent authority.

14 ‘‘(2) The term ‘overseas unit’ means a unit that

15 is located outside the continental United States and

16 its territories.

17 ‘‘(3) The term ‘sensitive unit’ means a unit that

18 is primarily involved in training for the conduct of,

19 or conducting, special activities or classified mis20 sions, including the following:

21 ‘‘(A) A unit involved in collecting, han22 dling, disposing, or storing of classified infor23 mation and materials.

24 ‘‘(B) A unit engaged in training—

25 ‘‘(i) special operations units;
375

•S 1059 PCS

1 ‘‘(ii) security group commands weap2 ons stations; or

3 ‘‘(iii) communications stations.

4 ‘‘(C) Any other unit that is designated as

5 a sensitive unit by the Secretary of Defense or,

6 in the case of the Coast Guard when it is not

7 operating as a service in the Navy, by the Sec8 retary of Transportation.

9 ‘‘(4) The term ‘routinely deployable unit’—

10 ‘‘(A) means a unit that normally deploys

11 from its permanent home station on a periodic

12 or rotating basis to meet peacetime operational

13 requirements that, or to participate in sched14 uled training exercises that, routinely require

15 deployments outside the United States and its

16 territories; and

17 ‘‘(B) includes a unit that is alerted for de18 ployment outside the United States and its ter19 ritories during an actual execution of a contin20 gency plan or in support of a crisis operation.’’.

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

22 at the beginning of such chapter is amended by adding

23 at the end the following:

‘‘130b. Nondisclosure of information: personnel in overseas, sensitive, or routinely deployable units.’’.
376

•S 1059 PCS

1 SEC. 1053. NONDISCLOSURE OF OPERATIONAL FILES OF

2 THE NATIONAL IMAGERY AND MAPPING

3 AGENCY.

4 (a) AUTHORITY TO WITHHOLD.—Subchapter II of

5 chapter 22 of title 10, United States Code, as amended

6 by section 1005, is further amended by adding at the end

7 the following:

8 ‘‘§ 458. Withholding of operational files from public

9 disclosure

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

11 withhold from public disclosure operational files described

12 in subsection (b) to the same extent that operational files

13 may be withheld under section 701 of the National Secu14 rity Act of 1947 (50 U.S.C. 431).

15 ‘‘(b) COVERED OPERATIONAL FILES.—The authority

16 under subsection (a) applies to operational files in the pos17 session of the National Imagery and Mapping Agency

18 that—

19 ‘‘(1) as of September 22, 1996, were main20 tained by the National Photographic Interpretation

21 Center; or

22 ‘‘(2) concern the activities of the Agency that,

23 as of such date, were performed by the National

24 Photographic Interpretation Center.

25 ‘‘(c) OPERATIONAL FILES DEFINED.—In this sec26 tion, the term ‘operational files’ has the meaning given
377

•S 1059 PCS

1 the term in section 701(b) of the National Security Act

2 of 1947 (50 U.S.C. 431(b)).’’.

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

4 at the beginning of such subchapter, as amended by sec5 tion 1005, is further amended by adding at the end the

6 following:

‘‘458. Withholding of operational files from public disclosure.’’.

7 SEC. 1054. NONDISCLOSURE OF INFORMATION OF THE NA8 TIONAL IMAGERY AND MAPPING AGENCY

9 HAVING COMMERCIAL SIGNIFICANCE.

10 (a) AUTHORITY TO WITHHOLD.—Subchapter II of

11 chapter 22 of title 10, United States Code, as amended

12 by section 1053, is further amended by adding at the end

13 the following:

14 ‘‘§ 459. Withholding of certain commercially signifi15 cant information from public disclosure

16 ‘‘(a) AUTHORITY.—The Secretary of Defense may

17 withhold from public disclosure information in the posses18 sion of the National Imagery and Mapping Agency if the

19 Secretary determines in writing that—

20 ‘‘(1) public disclosure of the information would

21 compete with or otherwise adversely affect commer22 cial operations in any existing or emerging commer23 cial industry or the operation of any existing or

24 emerging commercial market; and
378

•S 1059 PCS

1 ‘‘(2) withholding the information from public

2 disclosure is consistent with the national security in3 terests of the United States.

4 ‘‘(b) RELATIONSHIP TO DCI AUTHORITY.—(1) Noth5 ing in this section shall be construed as superseding, lim6 iting, or otherwise affecting the authority and responsibil7 ities of the Director of Central Intelligence to withhold or

8 require the withholding of imagery and imagery intel9 ligence from public disclosure under the National Security

10 Act of 1947 (50 U.S.C. 401 et seq.), Executive Order No.

11 12951 or any successor Executive order, or directives of

12 the President.

13 ‘‘(2) In the administration of the authority under

14 subsection (a) with respect to imagery and imagery intel15 ligence, the Secretary of Defense shall be subject to the

16 policies and directives prescribed by the Director of Cen17 tral Intelligence for the public disclosure of such informa18 tion.’’.

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

20 at the beginning of such subchapter, as amended by sec21 tion 1053, is further amended by adding at the end the

22 following:

‘‘459. Withholding of certain commercially significant information from public

disclosure.’’.
379

•S 1059 PCS

1 SEC. 1055. CONTINUED ENROLLMENT OF DEPENDENTS IN

2 DEPARTMENT OF DEFENSE DOMESTIC DE3 PENDENT ELEMENTARY AND SECONDARY

4 SCHOOLS AFTER LOSS OF ELIGIBILITY.

5 Section 2164(c)(3) of title 10, United States Code,

6 is amended to read as follows:

7 ‘‘(3) The Secretary may, for good cause, authorize

8 a dependent of a member of the armed forces or of a Fed9 eral employee to continue enrollment in a program under

10 this subsection notwithstanding a change in the status of

11 the member or employee that, except for this paragraph,

12 would otherwise terminate the eligibility of the dependent

13 to be enrolled in the program. The enrollment may con14 tinue for as long as the Secretary considers appropriate.

15 The Secretary may remove the dependent from the pro16 gram at any time that the Secretary determines that there

17 is good cause for the removal.’’.

18 SEC. 1056. UNIFIED SCHOOL BOARDS FOR ALL DEPART19 MENT OF DEFENSE DOMESTIC DEPENDENT

20 SCHOOLS IN THE COMMONWEALTH OF PUER21 TO RICO AND GUAM.

22 Section 2164(d)(1) of title 10, United States Code,

23 is amended by adding at the end the following: ‘‘The Sec24 retary may provide for the establishment of one school

25 board for all such schools in the Commonwealth of Puerto

26 Rico and one school board for all such schools in Guam
380

•S 1059 PCS

1 instead of one school board for each military installation

2 in those locations.’’.

3 SEC. 1057. DEPARTMENT OF DEFENSE STARBASE PRO4 GRAM.

5 (a) PROGRAM AUTHORITY.—Chapter 111 of title 10,

6 United States Code, is amended by inserting after section

7 2193 the following:

8 ‘‘§ 2193b. Improvement of education in technical

9 fields: program for support of elementary

10 and secondary education in science,

11 mathematics, and technology

12 ‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of

13 Defense may conduct a science, mathematics, and tech14 nology education improvement program known as the ‘De15 partment of Defense STARBASE Program’. The Sec16 retary shall carry out the program through the secretaries

17 of the military departments.

18 ‘‘(b) PURPOSE.—The purpose of the program is to

19 improve knowledge and skills of students in kindergarten

20 through twelfth grade in mathematics, science, and tech21 nology.

22 ‘‘(c) STARBASE ACADEMIES.—(1) The Secretary

23 shall provide for the establishment of at least 25 acad24 emies under the program.
381

•S 1059 PCS

1 ‘‘(2) An academy established under the program shall

2 provide the following:

3 ‘‘(A) For each elementary and secondary grade

4 level, the presentation of a curricula of 20 hours of

5 instruction in science, mathematics, and technology.

6 ‘‘(B) Outreach programs for the support of ele7 mentary and secondary level instruction in science,

8 mathematics, and technology at other locations.

9 ‘‘(3) The Secretary may support the establishment

10 and operation of any academy in excess of two academies

11 in a State only if the Secretary has first authorized in

12 writing the establishment of the academy and the costs

13 of the establishment and operation of the academy are

14 paid out of funds provided by sources other than the De15 partment of Defense. Any such costs that are paid out

16 of appropriated funds shall be considered as paid out of

17 funds provided by such other sources if such sources fully

18 reimburse the United States for the costs.

19 ‘‘(d) AUTHORIZED SUPPORT.—The following support

20 may be provided for activities under the program:

21 ‘‘(1) Administrative and instructional per22 sonnel.

23 ‘‘(2) Facilities.

24 ‘‘(3) Instructional materials, including text25 books.
382

•S 1059 PCS

1 ‘‘(4) Equipment.

2 ‘‘(5) To the extent considered appropriate by

3 the Secretary of the military department concerned,

4 any additional resources (including transportation

5 and billeting) that may be available.

6 ‘‘(e) PERSONS ELIGIBLE TO PARTICIPATE IN PRO7 GRAM.—The Secretary of Defense shall prescribe the

8 standards and procedures for selecting persons to partici9 pate in the program.

10 ‘‘(f) PROGRAM PERSONNEL.—(1) The Secretary of

11 the military department concerned may—

12 ‘‘(1) authorize members of the armed forces to

13 provide command, administrative, training, or sup14 porting services for the program on a full-time basis;

15 and

16 ‘‘(2) employ or procure by contract civilian per17 sonnel to provide such services.

18 ‘‘(f) REGULATIONS.—The Secretary of Defense shall

19 prescribe regulations governing the conduct of the pro20 gram.

21 ‘‘(g) FUNDING.—(1) The Secretary shall ensure that

22 each academy meeting at least the minimum operating

23 standards established for academies under the program is

24 funded at a level of at least $200,000 for each fiscal year.
383

•S 1059 PCS

1 ‘‘(2) The Secretary of Defense and the Secretaries

2 of the military departments may accept financial and

3 other support for the program from other departments

4 and agencies of the Federal Government, State govern5 ments, local governments, and not-for-profit and other or6 ganizations in the private sector.

7 ‘‘(h) ANNUAL REPORT.—Within 90 days after the

8 end of each fiscal year, the Secretary of Defense shall sub9 mit a report on the program to Congress. The report shall

10 contain a discussion of the design and conduct of the pro11 gram and an evaluation of the effectiveness of the pro12 gram.

13 ‘‘(i) STATE DEFINED.—In this section, the term

14 ‘State’ includes the District of Columbia, the Common15 wealth of Puerto Rico, the United States Virgin Islands,

16 and Guam.’’.

17 (b) EXISTING STARBASE ACADEMIES.—While con18 tinuing in operation, the academies existing on the date

19 of the enactment of this Act under the Department of De20 fense STARBASE Program, as such program is in effect

21 on such date, shall be counted for the purpose of meeting

22 the requirement under section 2193b(c)(1) of title 10,

23 United States Code (as added by subsection (a)), relating

24 to the minimum number of STARBASE academies.
384

•S 1059 PCS

1 (c) REORGANIZATION OF CHAPTER.—Chapter 111 of

2 title 10, United States Code, as amended by subsection

3 (a), is further amended—

4 (1) by inserting after section 2193 and before

5 the section 2193b added by subsection (a) the fol6 lowing:

7 ‘‘§ 2193a. Improvement of education in technical

8 fields: general authority for support of el9 ementary and secondary education in

10 science and mathematics’’;

11 (2) by transferring subsection (b) of section

12 2193 to section 2193a (as added by paragraph (1)),

13 inserting such subsection after the heading for sec14 tion 2193a, and striking out ‘‘(b)’’; and

15 (3) by redesignating subsection (c) of section

16 2193 as subsection (b).

17 (d) CLERICAL AMENDMENTS.—(1) The heading for

18 section 2192 of such title is amended to read as follows:

19 ‘‘§ 2192. Improvement of education in technical fields:

20 general authority regarding education in

21 science, mathematics, and engineering’’.

22 (2) The heading for section 2193 is amended to read

23 as follows:
385

•S 1059 PCS

1 ‘‘§ 2193. Improvement of education in technical fields:

2 grants for higher education in science

3 and mathematics’’.

4 (3) The table of sections at the beginning of such

5 chapter is amended by striking the items relating to sec6 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.’’.

7 SEC. 1058. PROGRAM TO COMMEMORATE THE 50TH ANNI8 VERSARY OF THE KOREAN WAR.

9 (a) PERIOD OF PROGRAM.—Section 1083(a) of the

10 National Defense Authorization Act for Fiscal Year 1998

11 (Public Law 105–85; 111 Stat. 1918; 10 U.S.C. 113 note)

12 is amended by striking ‘‘The Secretary of Defense’’ and

13 inserting ‘‘During fiscal years 2000 through 2004, the

14 Secretary of Defense’’.

15 (b) CHANGE OF NAME.—(1) Section 1083(c) of such

16 Act is amended by striking ‘‘ ‘The Department of Defense

17 Korean War Commemoration’ ’’ and inserting in lieu

18 thereof ‘‘ ‘The United States of America Korean War

19 Commemoration’ ’’.
386

•S 1059 PCS

1 (2) The amendment made by paragraph (1) may not

2 be construed to supersede rights that are established or

3 vested before the date of the enactment of this Act.

4 (c) FUNDING.—Section 1083(f) of such Act is

5 amended to read as follows:

6 ‘‘(f) USE OF FUNDS.—(1) Funds appropriated for

7 the Army for fiscal years 2000 through 2004 for operation

8 and maintenance shall be available for the program au9 thorized under subsection (a).

10 ‘‘(2) The total amount expended by the Department

11 of Defense through the Department of Defense 50th Anni12 versary of the Korean War Commemoration Committee,

13 an entity within the Department of the Army, to carry

14 out the program authorized under subsection (a) for fiscal

15 years 2000 through 2004 may not exceed $7,000,000.

16 ‘‘(3) The limitation in paragraph (2) shall not apply

17 to expenditures by a unit of the Armed Forces or a similar

18 organization to commemorate the Korean War from funds

19 available to the unit or similar organization for that pur20 pose.’’.

21 (d) EFFECTIVE DATE.—The amendments made by

22 this section shall take effect on October 1, 1999.
387

•S 1059 PCS

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.’’.
388

•S 1059 PCS

1 TITLE XI—DEPARTMENT OF

2 DEFENSE CIVILIAN PERSONNEL

3 SEC. 1101. ACCELERATED IMPLEMENTATION OF VOL4 UNTARY EARLY RETIREMENT AUTHORITY.

5 Section 1109(d)(1) of the Strom Thurmond National

6 Defense Authorization Act for Fiscal Year 1999 (Public

7 Law 105–261; 112 Stat. 2145; 5 U.S.C. 8336 note) is

8 amended by striking ‘‘October 1, 2000’’ and inserting

9 ‘‘October 1, 1999’’.

10 SEC. 1102. DEFERENCE TO EEOC PROCEDURES FOR INVES11 TIGATION OF COMPLAINTS OF SEXUAL HAR12 ASSMENT MADE BY EMPLOYEES.

13 Section 1561(a) of title 10, United States Code, is

14 amended by striking ‘‘or a civilian employee under the su15 pervision of the officer’’.

16 SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ES17 SENTIAL EMPLOYEES SERVING IN A COMBAT

18 ZONE.

19 (a) SERVICE IN A COMBAT ZONE AS EXIGENCY OF

20 THE PUBLIC BUSINESS.—Section 6304(d) of title 5,

21 United States Code, is amended by adding a the end the

22 following:

23 ‘‘(4)(A) For the purpose of this subsection, service

24 of a Department of Defense emergency essential employee

25 in a combat zone is an exigency of the public business
389

•S 1059 PCS

1 for that employee. Any leave that, by reason of such serv2 ice, is lost by the employee by operation of this section

3 (regardless of whether such leave was scheduled) shall be

4 restored to the employee and shall be credited and avail5 able in accordance with paragraph (2).

6 ‘‘(B) As used in subparagraph (A)—

7 ‘‘(i) the term ‘Department of Defense emer8 gency essential employee’ means an employee of the

9 Department of Defense who is designated under sec10 tion 1580 of title 10 as an emergency essential em11 ployee; and

12 ‘‘(ii) the term ‘combat zone’ has the meaning

13 given such term in section 112(c)(2) of the Internal

14 Revenue Code of 1986.’’.

15 (b) DESIGNATION OF EMERGENCY ESSENTIAL EM16 PLOYEES.—(1) Chapter 81 of title 10, United States

17 Code, is amended by inserting after the table of sections

18 at the beginning of such chapter the following new section

19 1580:

20 ‘‘§ 1580. Emergency essential employees: designation

21 ‘‘(a) CRITERIA FOR DESIGNATION.—The Secretary of

22 Defense or the Secretary of the military department con23 cerned may designate as an emergency essential employee

24 any employee of the Department of Defense, whether per-
390

•S 1059 PCS

1 manent or temporary, the duties of whose position meet

2 all of the following criteria:

3 ‘‘(1) It is the duty of the employee to provide

4 immediate and continuing support for combat oper5 ations or to support maintenance and repair of com6 bat essential systems of the armed forces.

7 ‘‘(2) It is necessary for the employee to perform

8 that duty in a combat zone after the evacuation of

9 nonessential personnel, including any dependents of

10 members of the armed forces, from the zone in con11 nection with a war, a national emergency declared

12 by Congress or the President, or the commencement

13 of combat operations of the armed forces in the

14 zone.

15 ‘‘(3) It is impracticable to convert the employ16 ee’s position to a position authorized to be filled by

17 a member of the armed forces because of a necessity

18 for that duty to be performed without interruption.

19 ‘‘(b) ELIGIBILITY OF EMPLOYEES OF NON20 APPROPRIATED FUND INSTRUMENTALITIES.—A non21 appropriated fund instrumentality employee is eligible for

22 designation as an emergency essential employee under

23 subsection (a).

24 ‘‘(c) DEFINITIONS.—In this section:
391

•S 1059 PCS

1 ‘‘(1) The term ‘combat zone’ has the meaning

2 given that term in section 112(c)(2) of the Internal

3 Revenue Code of 1986.

4 ‘‘(2) The term ‘nonappropriated fund instru5 mentality employee’ has the meaning given that

6 term in section 1587(a)(1) of this title.’’.

7 (2) The table of sections at the beginning of such

8 chapter is amended by inserting before the item relating

9 to section 1581 the following:

‘‘1580. Emergency essential employees: designation.’’.

10 SEC. 1104. LEAVE WITHOUT LOSS OF BENEFITS FOR MILI11 TARY RESERVE TECHNICIANS ON ACTIVE

12 DUTY IN SUPPORT OF COMBAT OPERATIONS.

13 (a) ELIMINATION OF RESTRICTION TO SITUATIONS

14 INVOLVING NONCOMBAT OPERATIONS.—Section

15 6323(d)(1) of title 5, United States Code, is amended by

16 striking ‘‘noncombat’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall take effect on the date of the enact19 ment of this Act and shall apply with respect to days of

20 leave under section 6323(d)(1) of title 5, United States

21 Code, on or after that date.
392

•S 1059 PCS

1 SEC. 1105. WORK SCHEDULES AND PREMIUM PAY OF

2 SERVICE ACADEMY FACULTY.

3 (a) UNITED STATES MILITARY ACADEMY.—Section

4 4338 of title 10, United States Code, is amended by add5 ing at the end the following new subsection (c):

6 ‘‘(c) The Secretary of the Army may, notwithstanding

7 the provisions of subchapter V of chapter 55 of title 5

8 or section 6101 of such title, prescribe for persons em9 ployed under this section the following:

10 ‘‘(1) The work schedule, including hours of

11 work and tours of duty, set forth with such speci12 ficity and other characteristics as the Secretary de13 termines appropriate.

14 ‘‘(2) Any premium pay or compensatory time

15 off for hours of work or tours of duty in excess of

16 the regularly scheduled hours or tours of duty.’’.

17 (b) UNITED STATES NAVAL ACADEMY.—Section

18 6952 of title 10, United States Code, is amended by—

19 (1) redesignating subsection (c) as subsection

20 (d); and

21 (2) inserting after subsection (b) the following

22 new subsection (c):

23 ‘‘(c) The Secretary of the Navy may, notwithstanding

24 the provisions of subchapter V of chapter 55 of title 5

25 or section 6101 of such title, prescribe for persons em26 ployed under this section the following:
393

•S 1059 PCS

1 ‘‘(1) The work schedule, including hours of

2 work and tours of duty, set forth with such speci3 ficity and other characteristics as the Secretary de4 termines appropriate.

5 ‘‘(2) Any premium pay or compensatory time

6 off for hours of work or tours of duty in excess of

7 the regularly scheduled hours or tours of duty.’’.

8 (c) UNITED STATES AIR FORCE ACADEMY.—Section

9 9338 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 Air Force may, notwith12 standing the provisions of subchapter V of chapter 55 of

13 title 5 or section 6101 of such title, prescribe for persons

14 employed 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.’’.
394

•S 1059 PCS

1 SEC. 1106. SALARY SCHEDULES AND RELATED BENEFITS

2 FOR FACULTY AND STAFF OF THE UNI3 FORMED SERVICES UNIVERSITY OF THE

4 HEALTH SCIENCES.

5 Section 2113(f) of title 10, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(3) The limitations in sections 5307 and 5373 of

8 title 5 do not apply to the authority of the Secretary under

9 paragraph (1) to prescribe salary schedules and other re10 lated benefits.’’.

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;
395

•S 1059 PCS

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.
396

•S 1059 PCS

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—
397

•S 1059 PCS

1 (A) to provide in a cost-effective manner

2 for display of, and interaction with, readily ac3 cessible and adequately preserved artifacts and

4 readily accessible representations of the Armed

5 Forces and of the wars in which the United

6 States has been engaged;

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—
398

•S 1059 PCS

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;
399

•S 1059 PCS

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.
400

•S 1059 PCS

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
401

•S 1059 PCS

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
402

•S 1059 PCS

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
403

•S 1059 PCS

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
404

•S 1059 PCS

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.
405

•S 1059 PCS

1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 SEC. 2001. SHORT TITLE.

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2000’’.

7 TITLE XXI—ARMY

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(1), the Secretary of the Army

13 may acquire real property and carry out military construc14 tion projects for the installations and locations inside the

15 United States, and in the amounts, set forth in the fol16 lowing table:

Army: Inside the United States

State Installation or location Amount

Alaska ............................... Fort Richardson .................................... $14,600,000

Fort Wainwright ................................... $34,800,000

Arkansas ........................... Pine Bluff Arsenal ................................ $18,000,000

California .......................... Fort Irwin ............................................. $13,400,000

Colorado ........................... Peterson Air Force Base ....................... $25,000,000

District of Columbia ......... Fort McNair .......................................... $1,250,000

Walter Reed Medical Center ................. $6,800,000

Georgia ............................. Fort Benning ........................................ $48,400,000

Fort Stewart ......................................... $19,000,000

Fort Stewart/Hunter Army Air Field ... $7,000,000

Hunter Army Air Field ......................... $7,200,000

Hawaii .............................. Schofield Barracks ................................ $95,000,000

Kansas .............................. Fort Leavenworth ................................. $34,100,000

Fort Riley .............................................. $27,000,000

Kentucky .......................... Blue Grass Army Depot ........................ $17,000,000

Fort Campbell ....................................... $56,900,000

Maryland .......................... Fort Meade ........................................... $22,450,000

Massachusetts ................... Westover Air Force Reserve Base ........ $4,000,000

Missouri ............................ Fort Leonard Wood .............................. $10,600,000

Nevada .............................. Hawthorne Army Depot ........................ $1,700,000

New Jersey ....................... Fort Monmouth ..................................... $11,800,000
406

•S 1059 PCS

Army: Inside the United States—Continued

State Installation or location Amount

North Carolina ................. Fort Bragg ............................................ $125,400,000

Military Ocean Terminal Sunny Point $3,800,000

Oklahoma ......................... Fort Sill ................................................. $13,200,000

McAlester Army Ammunition ............... $16,600,000

Pennsylvania ..................... Carlisle Barracks ................................... $5,000,000

Letterkenny Army Depot ...................... $3,650,000

South Carolina ................. Fort Jackson ......................................... $7,400,000

Texas ................................ Fort Bliss .............................................. $50,400,000

Fort Hood ............................................. $68,000,000

Virginia ............................. Fort Belvoir .......................................... $3,850,000

Fort Eustis ............................................ $39,000,000

Fort Myer .............................................. $2,900,000

Washington ....................... Fort Lewis ............................................. $6,200,000

Yakima Training Center ....................... $17,200,000

CONUS Various ............... CONUS Various .................................... $36,400,000

Total: ............................................. $875,000,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects for the locations outside the United States,

6 and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany ................................ Ansbach ............................................ $21,000,000

Area Support Group Bamberg ......... $23,200,000

Mannheim ......................................... $4,500,000

Korea ..................................... Camp Casey ...................................... $31,000,000

Camp Howze ..................................... $3,050,000

Camp Stanley ................................... $3,650,000

Total: ........................................ $86,400,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in-
407

•S 1059 PCS

1 cluding land acquisition) at the installation, for the pur2 pose, and in the amount set forth in the following table:

Army: Family Housing

Country Installation or location Purpose Amount

Korea ............................ Camp Humphreys ....... 60 Units .......... $24,000,000

Total: ....... $24,000,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in

5 section 2104(a)(5)(A), the Secretary of the Army may

6 carry out architectural and engineering services and con7 struction design activities with respect to the construction

8 or improvement of family housing units in an amount not

9 to exceed $4,300,000.

10 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States

13 Code, and using amounts appropriated pursuant to the

14 authorization of appropriations in section 2104(a)(5)(A),

15 the Secretary of the Army may improve existing military

16 family housing units in an amount not to exceed

17 $32,600,000.

18 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

19 (a) IN GENERAL.—Funds are hereby authorized to

20 be appropriated for fiscal years beginning after September

21 30, 1999, for military construction, land acquisition, and
408

•S 1059 PCS

1 military family housing functions of the Department of the

2 Army in the total amount of $2,194,333,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2101(a),

5 $736,708,000.

6 (2) For military construction projects outside

7 the United States authorized by section 2101(b),

8 $86,400,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $9,500,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $83,414,000.

15 (5) For military family housing functions:

16 (A) For construction and acquisition, plan17 ning and design, and improvement of military

18 family housing and facilities, $61,531,000.

19 (B) For support of military family housing

20 (including the functions described in section

21 2833 of title 10, United States Code),

22 $1,098,080,000.

23 (6) For the construction of the United States

24 Disciplinary Barracks, Phase III, Fort Leavenworth,

25 Kansas, authorized by section 2101(a) of the Mili-
409

•S 1059 PCS

1 tary Construction Authorization Act for Fiscal Year

2 1998 (division B of Public Law 105–85; 111 Stat.

3 1966), $18,800,000.

4 (7) For the construction of the Whole Barracks

5 Complex Renewal, Fort Campbell, Kentucky, author6 ized by section 2101(a) of the Military Construction

7 Authorization Act for Fiscal Year 1999 (division B

8 of Public Law 105–261; 112 Stat. 2182),

9 $4,800,000.

10 (8) For the construction of the Multi-Purpose

11 Digital Training Range, Fort Knox, Kentucky, au12 thorized by section 2101(a) of the Military Construc13 tion Authorization Act for Fiscal Year 1999,

14 $2,400,000.

15 (9) For the construction of the Cadet Develop16 ment Center, United States Military Academy, West

17 Point, New York, authorized by section 2101(a) of

18 the Military Construction Authorization Act for Fis19 cal Year 1999, $28,500,000.

20 (10) For the construction of the Force XXI

21 Soldier Development Center, Fort Hood, Texas, au22 thorized by section 2101(a) of the Military Construc23 tion Authorization Act for Fiscal Year 1999,

24 $14,000,000.
410

•S 1059 PCS

1 (11) For the construction of the Railhead Facil2 ity, Fort Hood, Texas, authorized by section

3 2101(a) of the Military Construction Authorization

4 Act of Fiscal Year 1999, $14,800,000.

5 (12) For the construction of the Power Plant,

6 Roi Namur Island, Kwajalein Atoll, Kwajalein, au7 thorized by section 2101(b) of the Military Con8 struction Authorization Act for Fiscal Year 1999

9 (112 Stat. 2183), $35,400,000.

10 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and

13 any other cost variation authorized by law, the total cost

14 of all projects carried out under section 2101 of this Act

15 may not exceed—

16 (1) the total amount authorized to be appro17 priated pursuant to paragraphs (1) and (2) of sub18 section (a);

19 (2) $80,800,000 (the balance of the amount au20 thorized under section 2101(a) for the construction

21 of the whole barracks complex renewal at Schofield

22 Barracks, Hawaii); and

23 (3) $57,492,000 (the balance of the amount au24 thorized under section 2101(a) for the construction
411

•S 1059 PCS

1 of the whole barracks complex renewal at Fort

2 Bragg, North Carolina).

3 TITLE XXII—NAVY

4 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

5 ACQUISITION PROJECTS.

6 (a) INSIDE THE UNITED STATES.—Using amounts

7 appropriated pursuant to the authorization of appropria8 tions in section 2204(a)(1), the Secretary of the Navy may

9 acquire real property and carry out military construction

10 projects for the installations and locations inside the

11 United States, and in the amounts, set forth in the fol12 lowing table:

Navy: Inside the United States

State Installation or location Amount

Arizona ........................... Marine Corps Air Station, Yuma ............ $17,020,000

Navy Detachment, Camp Navajo ............ $7,560,000

California ........................ Marine Corps Air-Ground Combat Center, Twentynine Palms.$34,760,000

Marine Corps Base, Camp Pendleton ..... $31,660,000

Marine Corps Logistics Base, Barstow ... $4,670,000

Marine Corps Recruit Depot, San Diego $3,200,000

Naval Air Station, Lemoore .................... $24,020,000

Naval Air Station, North Island ............. $54,420,000

Naval Hospital, San Diego ...................... $21,590,000

Naval Hospital, Twentynine Palms ......... $7,640,000

Florida ............................ Naval Air Station, Whiting Field, Milton $4,750,000

Georgia ........................... Marine Corps Logistics Base, Albany ..... $6,260,000

Naval Air Station, Atlanta ...................... $5,430,000

Hawaii ............................ Camp H.M. Smith ................................... $86,050,000

Marine Corps Air Station, Kaneohe Bay $5,790,000

Naval Shipyard, Pearl Harbor ................ $10,610,000

Naval Station, Pearl Harbor ................... $18,600,000

Naval Submarine Base, Pearl Harbor .... $29,460,000

Idaho .............................. Naval Surface Warfare Center, Bayview $10,040,000

Illinois ............................ Naval Training Center, Great Lakes ...... $57,290,000

Maine .............................. Naval Air Station, Brunswick ................. $16,890,000

Maryland ........................ Naval Surface Warfare Center, Indian

Head.

$10,070,000

Mississippi ...................... Naval Construction Battalion Center,

Gulfport.

$19,170,000

New Jersey ..................... Naval Air Warfare Center Aircraft Division, Lakehurst.$15,710,000

North Carolina ............... Marine Corps Air Station, New River ..... $5,470,000

Marine Corps Base, Camp LeJeune ....... $21,380,000

Pennsylvania .................. Navy Ships Parts Control Center, Mechanicsburg.$2,990,000
412

•S 1059 PCS

Navy: Inside the United States—Continued

State Installation or location Amount

Naval Shipyard, Philadelphia .................. $13,320,000

South Carolina ............... Naval Weapons Station, Charleston ........ $7,640,000

Marine Corps Air Station, Beaufort ....... $10,490,000

Virginia .......................... Marine Corps Combat Development

Command, Quantico.

$20,820,000

Naval Air Station, Oceana ...................... $11,490,000

Naval Shipyard, Norfolk, Portsmouth .... $17,630,000

Naval Station, Norfolk ............................ $69,550,000

Naval Weapons Station, Yorktown ......... $25,040,000

Tactical Training Group Atlantic, Dam

Neck.

$10,310,000

Washington .................... Naval Ordnance Center Pacific Division

Detachment, Port Hadlock.

$3,440,000

Puget Sound Naval Shipyard, Bremerton $15,610,000

Strategic Weapons Facility Pacific,

Bremerton.

$6,300,000

Total: ............................................... $744,140,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and

6 in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain .......................... Administrative Support Unit ................... $83,090,000

Diego Garcia .................. Naval Support Facility, Diego Garcia ..... $8,150,000

Greece ............................. Naval Support Activity, Souda Bay ........ $6,380,000

Italy ................................ Naval Support Activity, Naples ............... $26,750,000

Total: ............................................... $124,370,000

7 SEC. 2202. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(5)(A), the Secretary of the

11 Navy may construct or acquire family housing units (in-
413

•S 1059 PCS

1 cluding land acquisition) at the installations, for the pur2 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or location Purpose Amount

Arizona ...................... Marine Corps Air Station, Yuma.100 Units ........ $17,000,000

Hawaii ....................... Marine Corps Air Station, Kaneohe Bay.100 Units ........ $26,615,000

Marine Corps Base,

Kaneohe Bay.

84 Units .......... $22,639,000

Naval Base, Pearl Harbor.96 Units .......... $19,167,000

Naval Base, Pearl Harbor.96 Units .......... $19,167,000

Total: ....... $115,589,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in

5 section 2204(a)(5)(A), the Secretary of the Navy may

6 carry out architectural and engineering services and con7 struction design activities with respect to the construction

8 or improvement of military family housing units in an

9 amount not to exceed $17,715,000.

10 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States

13 Code, and using amounts appropriated pursuant to the

14 authorization of appropriations in section 2204(a)(5)(A),

15 the Secretary of the Navy may improve existing military

16 family housing units in an amount not to exceed

17 $165,050,000.
414

•S 1059 PCS

1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated for fiscal years beginning after September

4 30, 1999, for military construction, land acquisition, and

5 military family housing functions of the Department of the

6 Navy in the total amount of $2,078,015,000 as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2201(a),

9 $673,960,000.

10 (2) For military construction projects outside

11 the United States authorized by section 2201(b),

12 $124,370,000.

13 (3) For unspecified minor construction projects

14 authorized by section 2805 of title 10, United States

15 Code, $7,342,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $66,229,000.

19 (5) For military family housing functions:

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military

22 family housing and facilities, $298,354,000.

23 (B) For support of military housing (in24 cluding functions described in section 2833 of

25 title 10, United States Code), $895,070,000.
415

•S 1059 PCS

1 (6) For construction of the Berthing Wharf

2 (Increment II), Naval Station Norfolk, Virginia, au3 thorized by section 2201(a) of the Military Construc4 tion Authorization Act for Fiscal Year 1999 (divi5 sion B of Public Law 105–261; 112 Stat. 2186),

6 $12,690,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2201 of this Act

12 may not exceed—

13 (1) the total amount authorized to be appro14 priated pursuant to paragraphs (1) and (2) of sub15 section (a); and

16 (2) $70,180,000 (the balance of the amount au17 thorized under section 2201(a) for the construction

18 of the Commander-in-Chief Headquarters, Pacific

19 Command, Camp H. M. Smith, Hawaii).

20 SEC. 2205. TECHNICAL MODIFICATION OF AUTHORITY RE21 LATING TO CERTAIN FISCAL YEAR 1997

22 PROJECT.

23 The table in section 2202(a) of the Military Construc24 tion Authorization Act for Fiscal Year 1997 (division B

25 of Public Law 104–201; 110 Stat. 2768) is amended in
416

•S 1059 PCS

1 the item relating to Naval Air Station Brunswick, Maine,

2 by striking ‘‘92 Units’’ in the purpose column and insert3 ing ‘‘72 Units’’.

4 TITLE XXIII—AIR FORCE

5 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

6 LAND ACQUISITION PROJECTS.

7 (a) INSIDE THE UNITED STATES.—Using amounts

8 appropriated pursuant to the authorization of appropria9 tions in section 2304(a)(1), the Secretary of the Air Force

10 may acquire real property and carry out military construc11 tion projects for the installations and locations inside the

12 United States, and in the amounts, set forth in the fol13 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ................................ Maxwell Air Force Base ................... $10,600,000

Alaska ................................... Eielson Air Force Base .................... $24,100,000

Elmendorf Air Force Base ............... $42,300,000

Arizona .................................. Davis-Monthan Air Force Base ........ $7,800,000

California .............................. Beale Air Force Base ....................... $8,900,000

Travis Air Force Base ...................... $7,500,000

Colorado ................................ Peterson Air Force Base .................. $33,000,000

Schriever Air Force Base ................. $9,400,000

United States Air Force Academy ... $17,500,000

Delaware ............................... Dover Air Force Base ...................... $12,000,000

Florida .................................. Eglin Air Force Base ....................... $13,600,000

Eglin Auxiliary Field 9 ..................... $18,800,000

MacDill Air Force Base ................... $5,500,000

Patrick Air Force Base .................... $17,800,000

Georgia .................................. Fort Benning .................................... $3,900,000

Moody Air Force Base ..................... $3,200,000

Robins Air Force Base ..................... $3,350,000

Hawaii ................................... Hickam Air Force Base ................... $3,300,000

Idaho ..................................... Mountain Home Air Force Base ...... $17,000,000

Kansas .................................. McConnell Air Force Base ............... $10,963,000

Kentucky ............................... Fort Campbell .................................. $6,300,000

Maryland ............................... Andrews Air Force Base .................. $9,900,000

Massachusetts ....................... Hanscom Air Force Base ................. $16,000,000

Mississippi ............................. Columbus Air Force Base ................ $2,600,000

Keesler Air Force Base .................... $35,900,000

Missouri ................................. Whiteman Air Force Base ................ $24,900,000

Montana ................................ Malmstrom Air Force Base .............. $11,600,000

Nebraska ............................... Offutt Air Force Base ...................... $8,300,000

Nevada .................................. Nellis Air Force Base ....................... $18,600,000
417

•S 1059 PCS

Air Force: Inside the United States—Continued

State Installation or location Amount

New Jersey ............................ McGuire Air Force Base .................. $11,800,000

New York .............................. Rome Laboratory .............................. $12,800,000

North Carolina ...................... Fort Bragg ....................................... $4,600,000

Pope Air Force Base ........................ $7,700,000

North Dakota ........................ Grand Forks Air Force Base ........... $9,500,000

Ohio ....................................... Wright-Patterson Air Force Base .... $22,200,000

Oklahoma .............................. Tinker Air Force Base ..................... $47,400,000

South Carolina ...................... Charleston Air Force Base ............... $18,200,000

South Dakota ........................ Ellsworth Air Force Base ................. $10,200,000

Tennessee .............................. Arnold Air Force Base ..................... $7,800,000

Texas ..................................... Dyess Air Force Base ....................... $5,400,000

Lackland Air Force Base ................. $13,400,000

Laughlin Air Force Base .................. $3,250,000

Utah ...................................... Hill Air Force Base .......................... $4,600,000

Virginia ................................. Langley Air Force Base ................... $6,300,000

Washington ........................... Fairchild Air Force Base ................. $13,600,000

McChord Air Force Base ................. $7,900,000

CONUS Classified ................ Classified Location ........................... $16,870,000

Total: ........................................ $628,133,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Air Force: Outside the United States

Country Installation or location Amount

Guam ..................................... Andersen Air Force Base ................. $8,900,000

Italy ....................................... Aviano Air Base ............................... $3,700,000

Korea ..................................... Osan Air Base .................................. $19,600,000

Portugal ................................ Lajes Field, Azores ........................... $1,800,000

United Kingdom .................... Ascension Island ............................... $2,150,000

Royal Air Force, Feltwell ................. $3,000,000

Royal Air Force, Lakenheath ........... $18,200,000

Royal Air Force, Mildenhall ............. $17,600,000

Royal Air Force, Molesworth ........... $1,700,000

Total: ........................................ $76,650,000

8 SEC. 2302. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap-
418

•S 1059 PCS

1 propriations in section 2304(a)(5)(A), the Secretary of the

2 Air Force may construct or acquire family housing units

3 (including land acquisition) at the installations, for the

4 purposes, and in the amounts set forth in the following

5 table:

Air Force: Family Housing

State or Country Installation or location Purpose Amount

Arizona ......................... Davis-Monthan Air

Force Base.

64 Units .......... $10,000,000

California ...................... Beale Air Force Base .. 60 Units .......... $8,500,000

Edwards Air Force

Base.

188 Units ........ $32,790,000

Vandenberg Air Force

Base.

91 Units .......... $16,800,000

District of Columbia ..... Bolling Air Force Base 72 Units .......... $9,375,000

Florida .......................... Eglin Air Force Base .. 130 Units ........ $14,080,000

MacDill Air Force

Base.

54 Units .......... $9,034,000

Mississippi .................... Columbus Air Force

Base.

100 Units ........ $12,290,000

Montana ....................... Malmstrom Air Force

Base.

34 Units .......... $7,570,000

Nebraska ...................... Offutt Air Force Base 72 Units .......... $12,352,000

New Mexico .................. Holloman Air Force

Base.

76 Units .......... $9,840,000

North Carolina ............. Seymour Johnson Air

Force Base.

78 Units .......... $12,187,000

North Dakota ............... Grand Forks Air Force

Base.

42 Units .......... $10,050,000

Minot Air Force Base 72 Units .......... $10,756,000

Texas ............................ Lackland Air Force

Base.

48 Units .......... $7,500,000

Portugal ........................ Lajes Field, Azores ..... 75 Units .......... $12,964,000

Total: ....... $196,088,000

6 (b) PLANNING AND DESIGN.—Using amounts appro7 priated pursuant to the authorization of appropriations in

8 section 2304(a)(5)(A), the Secretary of the Air Force may

9 carry out architectural and engineering services and con10 struction design activities with respect to the construction

11 or improvement of military family housing units in an

12 amount not to exceed $17,471,000.
419

•S 1059 PCS

1 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States

4 Code, and using amounts appropriated pursuant to the

5 authorization of appropriations in section 2304(a)(5)(A),

6 the Secretary of the Air Force may improve existing mili7 tary family housing units in an amount not to exceed

8 $129,952,000.

9 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

10 FORCE.

11 (a) IN GENERAL.—Funds are hereby authorized to

12 be appropriated for fiscal years beginning after September

13 30, 1999, for military construction, land acquisition, and

14 military family housing functions of the Department of the

15 Air Force in the total amount of $1,917,191,000 as fol16 lows:

17 (1) For military construction projects inside the

18 United States authorized by section 2301(a),

19 $628,133,000.

20 (2) For military construction projects outside

21 the United States authorized by section 2301(b),

22 $76,650,000.

23 (3) For unspecified minor construction projects

24 authorized by section 2805 of title 10, United States

25 Code, $8,741,000.
420

•S 1059 PCS

1 (4) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $38,264,000.

4 (5) For military housing functions:

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military

7 family housing and facilities, $343,511,000.

8 (B) For support of military family housing

9 (including the functions described in section

10 2833 of title 10, United States Code),

11 $821,892,000.

12 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

13 PROJECTS.—Notwithstanding the cost variations author14 ized by section 2853 of title 10, United States Code, and

15 any other cost variation authorized by law, the total cost

16 of all projects carried out under section 2301 of this Act

17 may not exceed $628,133,000.

18 TITLE XXIV—DEFENSE

19 AGENCIES

20 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC21 TION AND LAND ACQUISITION PROJECTS.

22 (a) INSIDE THE UNITED STATES.—Using amounts

23 appropriated pursuant to the authorization of appropria24 tions in section 2405(a)(1), the Secretary of Defense may

25 acquire real property and carry out military construction
421

•S 1059 PCS

1 projects for the installations and locations inside the

2 United States, and in the amounts, set forth in the fol3 lowing table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization

Program.

Blue Grass Army Depot, Kentucky .. $195,800,000

Defense Education Activity .. Marine Corps Base, Camp LeJeune,

North Carolina .............................. $10,570,000

Laurel Bay, South Carolina ............. $2,874,000

Defense Logistics Agency ..... Eielson Air Force Base, Alaska ....... $26,000,000

Defense Fuel Supply Center, Elmendorf Air Force Base, Alaska ......... $23,500,000

Defense Distribution Supply Point,

New Cumberland, Pennsylvania ... $5,000,000

Fairchild Air Force Base, Washington ............................................ $12,400,000

Various Locations ............................. $8,900,000

Defense Manpower Data

Center.

Presidio, Monterey, California .......... $28,000,000

National Security Agency ..... Fort Meade, Maryland ..................... $2,946,000

Special Operations Command Naval Amphibious Base, Coronado,

California ...................................... $6,000,000

Fort Benning, Georgia ..................... $10,200,000

Mississippi Army Ammunition Plant,

Mississippi .................................... $12,900,000

Fort Bragg, North Carolina ............. $20,100,000

Fleet Combat Training Center, Dam

Neck, Virginia ............................... $4,700,000

Tri-Care Management Agency.Fort Wainwright, Alaska .................. $133,000,000

Davis-Monthan Air Force Base, Arizona ............................................... $10,000,000

Los Angeles Air Force Base, California ............................................ $13,600,000

Travis Air Force Base, California .... $7,500,000

Patrick Air Force Base, Florida ...... $1,750,000

Naval Air Station, Jacksonville,

Florida .......................................... $3,780,000

Naval Air Station, Pensacola, Florida ................................................. $4,300,000

Moody Air Force Base, Georgia ....... $1,250,000

Fort Riley, Kansas ........................... $6,000,000

Andrews Air Force Base, Maryland $3,000,000

Naval Air Station, Patuxent River,

Maryland ....................................... $4,150,000

Marine Corps Air Station, Cherry

Point, North Carolina ................... $3,500,000

Wright-Patterson Air Force Base,

Ohio .............................................. $3,900,000

Fort Sam Houston, Texas ................ $5,800,000

Cheatham Annex, Virginia ............... $1,650,000

Naval Air Station, Norfolk, Virginia $4,050,000

Fort Lewis, Washington ................... $5,500,000

Naval Air Station, Whidbey Island,

Washington ................................... $4,700,000

Total: ........................................ $587,320,000
422

•S 1059 PCS

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2405(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity .. Andersen Air Force Base, Guam ..... $44,170,000

Naval Station Rota, Spain ............... $17,020,000

Royal Air Force, Feltwell, United

Kingdom ....................................... $4,570,000

Royal Air Force, Lakenheath,

United Kingdom ........................... $3,770,000

Defense Logistics Agency ..... Andersen Air Force Base, Guam ..... $24,300,000

Moron Air Base, Spain ..................... $15,200,000

National Security Agency ..... Royal Air Force, Menwith Hill Station, United Kingdom ................... $500,000

Tri-Care Management Agency.Naval Security Group Activity,

Sabana Seca, Puerto Rico ............ $4,000,000

Ramstein Air Force Base, Germany $7,100,000

Yongsan, Korea ................................ $41,120,000

Royal Air Force, Lakenheath,

United Kingdom ........................... $7,100,000

Defense-Wide ........................ Counterdrug Forward Operating Location, Antilles .............................. $4,880,000

Counterdrug Forward Operating Location, Costa Rica ......................... $6,726,000

Counterdrug Forward Operating Location, Ecuador ............................. $31,229,000

Total: ........................................ $211,685,000

8 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2405(a)(8)(A),

13 the Secretary of Defense may improve existing military

14 family housing units in an amount not to exceed $50,000.
423

•S 1059 PCS

1 SEC. 2403. MILITARY FAMILY HOUSING IMPROVEMENT

2 PROGRAM.

3 Of the amount authorized to be appropriated pursu4 ant to section 2405(a)(8)(C), $78,756,000 shall be avail5 able for credit to the Department of Defense Family

6 Housing Improvement Fund established by section

7 2883(a)(1) of title 10, United States Code.

8 SEC. 2404. ENERGY CONSERVATION PROJECTS.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2405(a)(6), the Sec11 retary of Defense may carry out energy conservation

12 projects under section 2865 of title 10, United States

13 Code, in the amount of $31,900,000.

14 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE15 FENSE AGENCIES.

16 (a) IN GENERAL.—Funds are hereby authorized to

17 be appropriated for fiscal years beginning after September

18 30, 1999, for military construction, land acquisition, and

19 military family housing functions of the Department of

20 Defense (other than the military departments) in the total

21 amount of $1,842,582,000 as follows:

22 (1) For military construction projects inside the

23 United States authorized by section 2401(a),

24 $288,320,000.
424

•S 1059 PCS

1 (2) For military construction projects outside

2 the United States authorized by section 2401(b),

3 $211,685,000.

4 (3) For unspecified minor construction projects

5 under section 2805 of title 10, United States Code,

6 $18,618,000.

7 (4) For contingency construction projects of the

8 Secretary of Defense under section 2804 of title 10,

9 United States Code, $938,000.

10 (5) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $33,664,000.

13 (6) For energy conservation projects authorized

14 by section 2404, $31,900,000.

15 (7) For base closure and realignment activities

16 as authorized by the Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of

18 Public Law 101–510; 10 U.S.C. 2687 note),

19 $892,911,000.

20 (8) For military family housing functions:

21 (A) For improvement of military family

22 housing and facilities, $50,000.

23 (B) For support of military housing (in24 cluding functions described in section 2833 of

25 title 10, United States Code), $41,440,000 of
425

•S 1059 PCS

1 which not more than $35,639,000 may be obli2 gated or expended for the leasing of military

3 family housing units worldwide.

4 (C) For credit to the Department of De5 fense Family Housing Improvement Fund as

6 authorized by section 2403, $78,756,000.

7 (9) For the construction of the Ammunition

8 Demilitarization Facility, Anniston Army Depot,

9 Alabama, authorized by section 2101(a) of the Mili10 tary Construction Authorization Act for Fiscal Year

11 1991 (division B of Public Law 101–510; Stat.

12 1758), $7,000,000.

13 (10) For the construction of the Ammunition

14 Demilitarization Facility, Pine Bluff Arsenal, Arkan15 sas, authorized by section 2401 of the Military Con16 struction Authorization Act for Fiscal Year 1995

17 (division B of Public Law 103–337; 108 Stat.

18 3040), as amended by section 2407 of the Military

19 Construction Authorization Act for Fiscal Year 1996

20 (division B of Public Law 104–106; 110 Stat. 539),

21 section 2408 of the Military Construction Authoriza22 tion Act for Fiscal Year 1998 (division B of Public

23 Law 105–85; 111 Stat. 1982), and section 2406 of

24 the Military Construction Authorization Act for Fis-
426

•S 1059 PCS

1 cal Year 1999 (division B of Public Law 105–261;

2 112 Stat. 2197), $61,800,000.

3 (11) For the construction of the Ammunition

4 Demilitarization Facility, Umatilla Army Depot, Or5 egon, authorized by section 2401 of the Military

6 Construction Authorization Act for Fiscal Year

7 1995, as amended by section 2407 of the Military

8 Construction Authorization Act for Fiscal Year

9 1996, section 2408 of the Military Construction Au10 thorization Act for Fiscal Year 1998, and section

11 2406 of the Military Construction Authorization Act

12 for Fiscal Year 1999, $35,900,000.

13 (12) For the construction of the Ammunition

14 Demilitarization Facility, Pueblo Chemical Activity,

15 Colorado, authorized by section 2401(a) of the Mili16 tary Construction Authorization Act for Fiscal Year

17 1997 (division B of Public Law 104–201; 110 Stat.

18 2775), as amended by section 2406 of this Act,

19 $11,800,000.

20 (13) For the construction of the Ammunition

21 Demilitarization Facility, Newport Army Depot, In22 diana, authorized by section 2401(a) of the Military

23 Construction Authorization Act for Fiscal Year 1999

24 (112 Stat. 2193), $61,200,000.
427

•S 1059 PCS

1 (14) For the construction of the Ammunition

2 Demilitarization Facility, Aberdeen Proving Ground,

3 Maryland, authorized by section 2401(a) of the Mili4 tary Construction Authorization Act for Fiscal Year

5 1999, $66,600,000.

6 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

7 PROJECTS.—Notwithstanding the cost variation author8 ized by section 2853 of title 10, United States Code, and

9 any other cost variations authorized by law, the total cost

10 of all projects carried out under section 2401 of this Act

11 may not exceed—

12 (1) the total amount authorized to be appro13 priated pursuant to paragraphs (1) and (2) of sub14 section (a);

15 (2) $115,000,000 (the balance of the amount

16 authorized under section 2401(a) for the construc17 tion of the hospital replacement, Fort Wainwright,

18 Alaska); and

19 (3) $184,000,000 (the balance of the amount

20 authorized under section 2401(a) for the construc21 tion of the Ammunition Demilitarization Facility,

22 Blue Grass Army Depot, Kentucky).
428

•S 1059 PCS

1 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 1997 PROJECT.

3 The table in section 2401 of the Military Construc4 tion Authorization Act for Fiscal Year 1997 (division B

5 of Public Law 104–201; 110 Stat. 2775), under the agen6 cy heading relating to Chemical Demilitarization Program,

7 is amended in the item relating to Pueblo Chemical Activ8 ity, Colorado, by striking ‘‘$179,000,000’’ in the amount

9 column and inserting ‘‘$203,500,000’’.

10 TITLE XXV—NORTH ATLANTIC

11 TREATY ORGANIZATION SE12 CURITY INVESTMENT PRO13 GRAM

14 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

15 ACQUISITION PROJECTS.

16 The Secretary of Defense may make contributions for

17 the North Atlantic Treaty Organization Security Invest18 ment program as provided in section 2806 of title 10,

19 United States Code, in an amount not to exceed the sum

20 of the amount authorized to be appropriated for this pur21 pose in section 2502 and the amount collected from the

22 North Atlantic Treaty Organization as a result of con23 struction previously financed by the United States.

24 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

25 Funds are hereby authorized to be appropriated for

26 fiscal years beginning after September 30, 1999, for con-
429

•S 1059 PCS

1 tributions by the Secretary of Defense under section 2806

2 of title 10, United States Code, for the share of the United

3 States of the cost of projects for the North Atlantic Treaty

4 Organization Security Investment program authorized by

5 section 2501, in the amount of $172,472,000.

6 TITLE XXVI—GUARD AND

7 RESERVE FORCES FACILITIES

8 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC9 TION AND LAND ACQUISITION PROJECTS.

10 There are authorized to be appropriated for fiscal

11 years beginning after September 30, 1999, for the costs

12 of acquisition, architectural and engineering services, and

13 construction of facilities for the Guard and Reserve

14 Forces, and for contributions therefor, under chapter

15 1803 of title 10, United States Code (including the cost

16 of acquisition of land for those facilities), the following

17 amounts:

18 (1) For the Department of the Army—

19 (A) for the Army National Guard of the

20 United States, $179,271,000; and

21 (B) for the Army Reserve, $115,185,000.

22 (2) For the Department of the Navy, for the

23 Naval and Marine Corps Reserve, $23,045,000.

24 (3) For the Department of the Air Force—
430

•S 1059 PCS

1 (A) for the Air National Guard of the

2 United States, $232,340,000; and

3 (B) for the Air Force Reserve,

4 $34,864,000.

5 TITLE XXVII—EXPIRATION AND

6 EXTENSION OF AUTHORIZA7 TIONS

8 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

9 AMOUNTS REQUIRED TO BE SPECIFIED BY

10 LAW.

11 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

12 YEARS.—Except as provided in subsection (b), all author13 izations contained in titles XXI through XXVI for military

14 construction projects, land acquisition, family housing

15 projects and facilities, and contributions to the North At16 lantic Treaty Organization Security Investment program

17 (and authorizations of appropriations therefor) shall ex18 pire on the later of—

19 (1) October 1, 2002; or

20 (2) the date of the enactment of an Act author21 izing funds for military construction for fiscal year

22 2003.

23 (b) EXCEPTION.—Subsection (a) shall not apply to

24 authorizations for military construction projects, land ac25 quisition, family housing projects and facilities, and con-
431

•S 1059 PCS

1 tributions to the North Atlantic Treaty Organization Se2 curity Investment program (and authorizations of appro3 priations therefor), for which appropriated funds have

4 been obligated before the later of—

5 (1) October 1, 2002; or

6 (2) the date of the enactment of an Act author7 izing funds for fiscal year 2003 for military con8 struction projects, land acquisition, family housing

9 projects and facilities, or contributions to the North

10 Atlantic Treaty Organization Security Investment

11 program.

12 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

13 FISCAL YEAR 1997 PROJECTS.

14 (a) EXTENSIONS.—Notwithstanding section 2701 of

15 the Military Construction Authorization Act for Fiscal

16 Year 1997 (division B of Public Law 104–201; 110 Stat.

17 2782), authorizations for the projects set forth in the ta18 bles in subsection (b), as provided in sections 2101, 2202,

19 and 2601 of that Act and amended by section 2406 of

20 this Act, shall remain in effect until October 1, 2000, or

21 the date of the enactment of an Act authorizing funds for

22 military construction for fiscal year 2001, whichever is

23 later.

24 (b) TABLES.—The tables referred to in subsection (a)

25 are as follows:
432

•S 1059 PCS

Navy: Extension of 1997 Project Authorizations

State Installation or location Project Amount

Florida .......................... Naval Station Mayport Family Housing

Construction

(100 units).

$10,000,000

Maine ............................ Naval Station Brunswick.Family Housing

Construction

(72 units).

$10,925,000

North Carolina ............. Marine Corps Base

Camp Lejuene.

Family Housing

Construction

(94 units).

$10,110,000

South Carolina ............. Marine Corps Air Station Beaufort.Family Housing

Construction

(140 units).

$14,000,000

Texas ............................ Naval Complex Corpus

Christi.

Family Housing

Construction

(104 units).

$11,675,000

Naval Air Station

Kingsville.

Family Housing

Construction

(48 units).

$7,550,000

Virginia ......................... Marine Corps Combat

Development Command, Quantico.

Sanitary Fill .... $8,900,000

Washington ................... Naval Station Everett Family Housing

Construction

(100 units).

$15,015,000

Army National Guard: Extension of 1997 Project Authorization

State Installation or location Project Amount

Mississippi .................... Camp Shelby ............... Multipurpose

Range.

$5,000,000

Defense Agencies: Extension of 1997 Project Authorization

State Installation or location Project Amount

Colorado ....................... Pueblo Chemical Activity.Ammunition

Demilitarization Facility.

$179,000,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1996 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 1996 (division B of Public Law 104–106; 110 Stat.

6 541), authorizations for the projects set forth in the tables

7 in subsection (a), as provided in sections 2202 and 2601
433

•S 1059 PCS

1 of that Act and extended by section 2702 of the Military

2 Construction Authorization Act for Fiscal Year 1999 (di3 vision B of Public Law 105–261; 112 Stat. 2199), shall

4 remain in effect until October 1, 2000, or the date of the

5 enactment of an Act authorizing funds for military con6 struction for fiscal year 2001, whichever is later.

7 (b) TABLES.—The tables referred to in subsection (a)

8 are as follows:

Navy: Extension of 1996 Project Authorization

State Installation or location Project Amount

California ...................... Camp Pendleton .......... Family Housing

Construction

(138 units).

$20,000,000

Army National Guard: Extension of 1996 Project Authorization

State Installation or location Project Amount

Missouri ........................ National Guard Training Site, Jefferson

City.

Multipurpose

Range.

$2,236,000

9 SEC. 2704. EFFECTIVE DATE.

10 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

11 shall take effect on the later of—

12 (1) October 1, 1999; or

13 (2) the date of the enactment of this Act.
434

•S 1059 PCS

1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Program Changes

6 SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIRE7 MENTS OF MILITARY CONSTRUCTION

8 PROJECTS SUPPORTED BY BURDENSHARING

9 FUNDS UNDERTAKEN FOR WAR OR NATIONAL

10 EMERGENCY.

11 Section 2350j of title 10, United States Code, is

12 amended—

13 (1) in subsection (e), by adding at the end the

14 following new paragraph:

15 ‘‘(3)(A) A military construction project under sub16 section (d) may be carried out without regard to the re17 quirement in paragraph (1) and the limitation in para18 graph (2) if the project is necessary to support the armed

19 forces in the country or region in which the project is car20 ried out by reason of a declaration of war, or a declaration

21 by the President of a national emergency pursuant to the

22 National Emergencies Act (50 U.S.C. 1601 et seq.), that

23 is in force at the time of the commencement of the project.

24 ‘‘(B) When a decision is made to carry out a military

25 construction project under subparagraph (A), the Sec-
435

•S 1059 PCS

1 retary of Defense shall submit to the congressional com2 mittees specified in subsection (g)—

3 ‘‘(i) a notice of the decision; and

4 ‘‘(ii) a statement of the current estimated cost

5 of the project, including the cost of any real prop6 erty transaction in connection with the project.’’;

7 and

8 (2) in subsection (g), by striking ‘‘subsection

9 (e)(1)’’ and inserting ‘‘subsection (e)’’.

10 SEC. 2802. PROHIBITION ON CARRYING OUT MILITARY CON11 STRUCTION PROJECTS FUNDED USING IN12 CREMENTAL FUNDING.

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) the President should request in the budget

16 for each fiscal year submitted to Congress under sec17 tion 1105 of title 31, United States Code, sufficient

18 amounts to fund fully each military construction and

19 family housing construction project proposed to be

20 authorized in such fiscal year; and

21 (2) Congress should authorize and appropriate

22 each fiscal year amounts sufficient to fund fully each

23 military construction and family housing construc24 tion project authorized in such fiscal year.
436

•S 1059 PCS

1 (b) PROHIBITION ON INCREMENTAL FUNDING OF

2 MILITARY CONSTRUCTION PROJECTS.—Section 2802 of

3 title 10, United States Code, is amended by adding at the

4 end the following new subsection:

5 ‘‘(c) The Secretary of Defense and the Secretaries of

6 the military departments may not obligate funds for a

7 military construction project (including a military family

8 housing project) otherwise authorized by law unless the

9 total amount of appropriations allocated for obligation and

10 expenditure for the project as of the initial obligation of

11 funds for the project is sufficient, without additional

12 funds, to provide for the construction of a usable facility

13 meeting the purpose of the project.’’.

14 SEC. 2803. DEFENSE CHEMICAL DEMILITARIZATION CON15 STRUCTION ACCOUNT.

16 (a) ESTABLISHMENT.—Subchapter I of chapter 169

17 of title 10, United States Code, is amended by adding at

18 the end the following:

19 ‘‘§ 2814. Defense Chemical Demilitarization Construc20 tion Account

21 ‘‘(a) ESTABLISHMENT.—There is established on the

22 books of the Treasury the Defense Chemical Demilitariza23 tion Construction Account (in this section referred to as

24 the ‘Account’).
437

•S 1059 PCS

1 ‘‘(b) CREDITS TO ACCOUNT.—There shall be credited

2 to the Account amounts authorized for and appropriated

3 to the Account.

4 ‘‘(c) USE OF AMOUNTS IN ACCOUNT.—Amounts in

5 the Account shall be available to the Secretary of Defense

6 for carrying out military construction projects authorized

7 by law in support of the chemical demilitarization activi8 ties of the Department of Defense under section 1412 of

9 the Department of Defense Authorization Act, 1986 (50

10 U.S.C. 1521) and other provisions of law.

11 ‘‘(d) LIMITATION ON OBLIGATION AND EXPENDI12 TURE.—(1) Subject to paragraph (2), amounts appro13 priated to the Account for a military construction project

14 shall remain available for obligation and expenditure for

15 the project in the fiscal year for which appropriated and

16 the two succeeding fiscal years.

17 ‘‘(2) Amounts appropriated for a military construc18 tion project for a fiscal year shall remain available for the

19 project until expended without regard to the limitation

20 specified in paragraph (1) if—

21 ‘‘(A) any portion of such amounts are obligated

22 for the project before the end of the fiscal years re23 ferred to in that paragraph; or

24 ‘‘(B) the availability of such amounts for the

25 project are otherwise extended by law.’’.
438

•S 1059 PCS

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

2 at the beginning of that subchapter is amended by adding

3 at the end the following new item:

‘‘2814. Defense Chemical Demilitarization Construction Account.’’.

4 SEC. 2804. LIMITATION ON AUTHORITY REGARDING ANCIL5 LARY SUPPORTING FACILITIES UNDER AL6 TERNATIVE AUTHORITY FOR ACQUISITION

7 AND CONSTRUCTION OF MILITARY HOUSING.

8 Section 2881 of title 10, United States Code, is

9 amended—

10 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

11 ‘‘Any project’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(b) LIMITATION.—A project referred to in sub15 section (a) may not include the acquisition or construction

16 of an ancillary supporting facility if, as determined by the

17 Secretary concerned, the facility is to be used for providing

18 merchandise or services in direct competition with—

19 ‘‘(1) the Army and Air Force Exchange Service;

20 ‘‘(2) the Navy Exchange Service Command;

21 ‘‘(3) a Marine Corps exchange;

22 ‘‘(4) the Defense Commissary Agency; or

23 ‘‘(5) any nonappropriated fund activity of the

24 Department of Defense for the morale, welfare, and

25 recreation of members of the armed forces.’’.
439

•S 1059 PCS

1 SEC. 2805. AVAILABILITY OF FUNDS FOR PLANNING AND

2 DESIGN IN CONNECTION WITH ACQUISITION

3 OF RESERVE COMPONENT FACILITIES.

4 Section 18233(f)(1) of title 10, United States Code,

5 is amended by inserting ‘‘and design’’ after ‘‘planning’’.

6 SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE

7 COMPONENT FACILITY PROJECTS FOR CER8 TAIN SAFETY PROJECTS.

9 (a) EXEMPTION FROM NOTICE AND WAIT REQUIRE10 MENT.—Subsection (a)(2) of section 18233a of title 10,

11 United States Code, is amended by adding at the end the

12 following new subparagraph:

13 ‘‘(C) An unspecified minor military construction

14 project (as defined in section 2805(a) of this title)

15 that is intended solely to correct a deficiency that is

16 life-threatening, health-threatening, or safety-threat17 ening.’’.

18 (b) AVAILABILITY OF OPERATION AND MAINTE19 NANCE FUNDS.—Subsection (b) of that section is amend20 ed to read as follows:

21 ‘‘(b) Under such regulations as the Secretary of De22 fense may prescribe, the Secretary may spend from appro23 priations available for operation and maintenance amounts

24 necessary to carry out any project authorized under sec25 tion 18233(a) of this title costing not more than—
440

•S 1059 PCS

1 ‘‘(1) the amount specified in section 2805(c)(1)

2 of this title, in the case of a project intended solely

3 to correct a deficiency that is life-threatening,

4 health-threatening, or safety-threatening; or

5 ‘‘(2) the amount specified in section 2805(c)(2)

6 of this title, in the case of any other project.’’.

7 Subtitle B—Real Property and

8 Facilities Administration

9 SEC. 2811. EXTENSION OF AUTHORITY FOR LEASES OF

10 PROPERTY FOR SPECIAL OPERATIONS AC11 TIVITIES.

12 Section 2680(d) of title 10, United States Code, is

13 amended by striking ‘‘September 30, 2000’’ and inserting

14 ‘‘September 30, 2005’’.

15 SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO

16 UTILITY PRIVATIZATION.

17 (a) EXTENDED CONTRACTS FOR UTILITY SERV18 ICES.—Section 2688 of title 10, United States Code, is

19 amended—

20 (1) by redesignating subsections (f), (g), and

21 (h) as subsections (h), (i), and (j), respectively; and

22 (2) by inserting after subsection (e) the fol23 lowing new subsection (f):

24 ‘‘(f) EXTENDED CONTRACTS FOR UTILITY SERV25 ICES.—(1) The Secretary concerned may, in connection
441

•S 1059 PCS

1 with a conveyance of a utility system under this section,

2 enter into a contract for the provision of utility services.

3 ‘‘(2) Notwithstanding the proviso in section

4 201(a)(3) of the Federal Property and Administrative

5 Services Act of 1949 (40 U.S.C. 481(a)(3)), the term of

6 a contract under this subsection may be up to 50 years.’’.

7 (b) AVAILABILITY OF MILITARY CONSTRUCTION

8 FUNDS TO FACILITATE CONVEYANCES.—That section is

9 further amended by inserting after subsection (f), as

10 added by subsection (a) of this section, the following new

11 subsection (g):

12 ‘‘(g) AVAILABILITY OF MILITARY CONSTRUCTION

13 FUNDS TO FACILITATE CONVEYANCES.—(1) Funds ap14 propriated for a military construction project authorized

15 by law for the construction, repair, or replacement of a

16 utility system to be conveyed under this section may, in17 stead of being used for the project, be used for a contribu18 tion by the Secretary concerned to the utility company or

19 entity to which the utility system is being conveyed for

20 the costs of the utility company or entity with respect to

21 the construction, repair, or replacement of the utility sys22 tem.

23 ‘‘(2) The Secretary concerned shall take into account

24 any contribution under this subsection with respect to a

25 utility system for purposes of the economic analysis re-
442

•S 1059 PCS

1 quired for the conveyance of the utility system under sub2 section (e)(1).’’.

3 Subtitle C—Defense Base Closure

4 and Realignment

5 SEC. 2821. CONVEYANCE OF PROPERTY AT INSTALLATIONS

6 CLOSED OR REALIGNED UNDER THE BASE

7 CLOSURE LAWS WITHOUT CONSIDERATION

8 FOR ECONOMIC REDEVELOPMENT PUR9 POSES.

10 (a) 1990 LAW.—Section 2905(b)(4) of the Defense

11 Base Closure and Realignment Act of 1990 (part A of title

12 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

13 amended—

14 (1) in subparagraph (A)—

15 (A) by inserting ‘‘or realigned’’ after

16 ‘‘closed’’; and

17 (B) by inserting ‘‘for purposes of creating

18 jobs at the installation’’ before the period at the

19 end; and

20 (2) by striking subparagraph (B) and inserting

21 the following new subparagraph (B):

22 ‘‘(B)(i) Subject to clauses (ii) and (iii), the transfer

23 of property under this paragraph shall be for consideration

24 at the fair market value of the property.
443

•S 1059 PCS

1 ‘‘(ii) The transfer of property under this paragraph

2 shall be without consideration in the case of an installation

3 located in a rural area whose closure or realignment under

4 this part will have a substantial adverse impact on the

5 economy of the communities in the vicinity of the installa6 tion.

7 ‘‘(iii) The transfer of property of an installation

8 under this paragraph shall also be without consideration

9 if the redevelopment authority with respect to the

10 installation—

11 ‘‘(I) provides in the agreement for the transfer

12 of such property that the proceeds of any sale or

13 lease of such property, or portion of such property,

14 received by the redevelopment authority during the

15 period after the date of the transfer of such property

16 agreed upon by the redevelopment authority and the

17 Secretary (but not less than 10 years after that

18 date) shall be used for economic redevelopment of

19 the installation or related to the installation; and

20 ‘‘(II) accepts control of such property under the

21 agreement within a reasonable time (as determined

22 by the Secretary) after the completion of the prop23 erty disposal record of decision or the entry of a

24 finding of no significant environmental impact with
444

•S 1059 PCS

1 respect to the transfer under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

3 ‘‘(iv) For purposes of clause (iii), the following activi4 ties shall be treated as economic redevelopment of an in5 stallation or related to an installation:

6 ‘‘(I) Road construction or improvement.

7 ‘‘(II) Construction or improvement of transpor8 tation management facilities.

9 ‘‘(III) Construction or improvement of storm

10 and sanitary sewers.

11 ‘‘(IV) Construction or improvement of facilities

12 for police or fire protection services.

13 ‘‘(V) Construction or improvement of other

14 public facilities.

15 ‘‘(VI) Construction or improvement of utilities.

16 ‘‘(VII) Rehabilitation or improvement of build17 ings, including preservation of historic property.

18 ‘‘(VIII) Construction, improvement, or acquisi19 tion of pollution prevention equipment or facilities.

20 ‘‘(IX) Demolition of facilities.

21 ‘‘(X) Property management activities, including

22 removal of hazardous material, landscaping, grading,

23 and other site or public improvements.

24 ‘‘(XI) Planning and marketing the development

25 and reuse of the installation.
445

•S 1059 PCS

1 ‘‘(v) An agreement for the transfer of property of an

2 installation under clause (iii)(I) shall permit the Secretary

3 to recoup from the redevelopment authority concerned

4 such portion as the Secretary determines appropriate of

5 the amount of any proceeds of the sale or lease of the

6 property that the redevelopment authority does not use to

7 support economic redevelopment of the installation or re8 lated to the installation for the period specified in the

9 agreement.’’.

10 (b) 1988 LAW.—Section 204(b)(4) of the Defense

11 Authorization Amendments and Base Closure and Re12 alignment Act (Public Law 100–526; 10 U.S.C. 2687

13 note) is amended—

14 (1) in subparagraph (A)—

15 (A) by inserting ‘‘or realigned’’ after

16 ‘‘closed’’; and

17 (B) by inserting ‘‘for purposes of creating

18 jobs at the installation’’ before the period at the

19 end; and

20 (2) by striking subparagraph (B) and inserting

21 the following new subparagraph (B):

22 ‘‘(B)(i) Subject to clauses (ii) and (iii), the transfer

23 of property under this paragraph shall be for consideration

24 at the fair market value of the property.
446

•S 1059 PCS

1 ‘‘(ii) The transfer of property under this paragraph

2 shall be without consideration in the case of an installation

3 located in a rural area whose closure or realignment under

4 this title will have a substantial adverse impact on the

5 economy of the communities in the vicinity of the installa6 tion.

7 ‘‘(iii) The transfer of property of an installation

8 under this paragraph shall also be without consideration

9 if the redevelopment authority with respect to the

10 installation—

11 ‘‘(I) provides in the agreement for the transfer

12 of such property that the proceeds of any sale or

13 lease of such property, or portion of such property,

14 received by the redevelopment authority during the

15 period after the date of the transfer of such property

16 agreed upon by the redevelopment authority and the

17 Secretary (but not less than 10 years after such

18 date) shall be used for economic redevelopment of

19 the installation or related to the installation; and

20 ‘‘(II) accepts control of such property under the

21 agreement within a reasonable time (as determined

22 by the Secretary) after the completion of the prop23 erty disposal record of decision or the entry of a

24 finding of no significant environmental impact with
447

•S 1059 PCS

1 respect to the transfer under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

3 ‘‘(iv) For purposes of clause (iii), the following activi4 ties shall be treated as economic redevelopment of an in5 stallation or related to an installation:

6 ‘‘(I) Road construction or improvement.

7 ‘‘(II) Construction or improvement of transpor8 tation management facilities.

9 ‘‘(III) Construction or improvement of storm

10 and sanitary sewers.

11 ‘‘(IV) Construction or improvement of facilities

12 for police or fire protection services.

13 ‘‘(V) Construction or improvement of other

14 public facilities.

15 ‘‘(VI) Construction or improvement of utilities.

16 ‘‘(VII) Rehabilitation or improvement of build17 ings, including preservation of historic property.

18 ‘‘(VIII) Construction, improvement, or acquisi19 tion of pollution prevention equipment or facilities.

20 ‘‘(IX) Demolition of facilities.

21 ‘‘(X) Property management activities, including

22 removal of hazardous material, landscaping, grading,

23 and other site or public improvements.

24 ‘‘(XI) Planning and marketing the development

25 and reuse of the installation.
448

•S 1059 PCS

1 ‘‘(v) An agreement for the transfer of property of an

2 installation under clause (iii)(I) shall permit the Secretary

3 to recoup from the redevelopment authority concerned

4 such portion as the Secretary determines appropriate of

5 the amount of any proceeds of the sale or lease of the

6 property that the redevelopment authority does not use to

7 support economic redevelopment of the installation or re8 lated to the installation for the period specified in the

9 agreement.’’.

10 (c) APPLICABILITY TO CERTAIN PRIOR AGREE11 MENTS.—(1)(A) Subject to subparagraph (B), the Sec12 retary of Defense may modify an agreement for the trans13 fer of property under section 2905(b)(4) of the Defense

14 Base Closure and Realignment Act of 1990, or under sec15 tion 204(b)(4) of the Defense Authorization Amendments

16 and Base Closure and Realignment Act, that was entered

17 into before April 21, 1999, for purposes of the com18 promise, waiver, adjustment, release, or reduction of any

19 right, title, claim, lien, or demand of the United States

20 under the agreement.

21 (B) The Secretary may modify an agreement under

22 this paragraph only if—

23 (i) the Secretary determines that, as a result of

24 changed economic circumstances, the modification is

25 necessary to provide for economic redevelopment of
449

•S 1059 PCS

1 the installation concerned or related to that installa2 tion;

3 (ii) the terms of the modification do not require

4 the return of any payments made to the Secretary

5 under the agreement before the date of the modifica6 tion; and

7 (iii) the terms of the modification do not com8 promise, waive, adjust, release, or reduce any right,

9 title, claim, lien, or demand of the United States

10 under the agreement with respect to the receipt by

11 the United States of in-kind consideration.

12 (C) In modifying an agreement under subparagraph

13 (A), the Secretary may waive some or all future payments

14 to the United States under the agreement to the extent

15 that the Secretary determines such waiver is necessary.

16 (D) In modifying an agreement under subparagraph

17 (A), the Secretary and the redevelopment authority con18 cerned shall include in the agreement provisions consistent

19 with clauses (iii)(I) and (v) of section 2905(b)(4)(B) of

20 the Defense Base Closure and Realignment Act of 1990

21 (as amended by this section), or clauses (iii)(I) and (v)

22 under section 204(b)(4)(B) of the Defense Authorization

23 Amendments and Base Closure and Realignment Act (as

24 so amended), as applicable.
450

•S 1059 PCS

1 (2)(A) The Secretary shall, upon the request of the

2 redevelopment authority concerned, modify an agreement

3 for the transfer of property under section 2905(b)(4) of

4 the Defense Base Closure and Realignment Act of 1990,

5 or under section 204(b)(4) of the Defense Authorization

6 Amendments and Base Closure and Realignment Act, that

7 was entered into between April 21, 1999, and the date

8 of the enactment of this Act in order to conform the agree9 ment to the provisions of subparagraph (B) of such section

10 2905(b)(4), as so amended, or subparagraph (B) of such

11 section 204(b)(4), as so amended.

12 (B) A modification of an agreement under this para13 graph may compromise, waive, adjust, release, or reduce

14 any right, title, claim, lien, or demand of the United States

15 under the agreement.

16 (d) REPEAL OF CERTAIN OBSOLETE AUTHORITY.—

17 (1) Section 204(b)(4)(D) of the Defense Authorization

18 Amendments and Base Closure and Realignment Act is

19 amended—

20 (A) by striking ‘‘(i)’’; and

21 (B) by striking clause (ii).

22 (2) Section 2905(b)(4)(D) of the Defense Base Clo23 sure and Realignment Act of 1990 is amended—

24 (A) by striking ‘‘(i)’’; and

25 (B) by striking clause (ii).
451

•S 1059 PCS

1 Subtitle D—Land Conveyances

2 PART I—ARMY CONVEYANCES

3 SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER,

4 BANGOR, MAINE.

5 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

6 of the Army may convey, without consideration, to the

7 City of Bangor, Maine (in this section referred to as the

8 ‘‘City’’), all right, title, and interest of the United States

9 in and to a parcel of real property, including any improve10 ments thereon, consisting of approximately 5 acres and

11 containing the Army Reserve Center in Bangor, Maine,

12 known as the Harold S. Slager Army Reserve Center. The

13 parcel has been determined to be excess to the needs of

14 the Army.

15 (2) The purpose of the conveyance is to permit the

16 City to use the property for educational purposes.

17 (b) ALTERNATIVE CONVEYANCE AUTHORITY.—If at

18 the time of the conveyance authorized by subsection (a)

19 the Secretary has transferred jurisdiction over any of the

20 property to be conveyed to the Administrator of General

21 Services, the Administrator shall make the conveyance of

22 such property under this section.

23 (c) FEDERAL SCREENING.—(1) If any of the prop24 erty authorized to be conveyed by subsection (a) of this

25 section is under the jurisdiction of the Administrator as
452

•S 1059 PCS

1 of the date of the enactment of this Act, the Administrator

2 shall conduct with respect to such property the screening

3 for further Federal use otherwise required by subsection

4 (a) of section 2696 of title 10, United States Code.

5 (2) Subsections (b) through (d) of such section 2696

6 shall apply to the screening under paragraph (1) as if the

7 screening were a screening conducted under subsection (a)

8 of such section 2696. For purposes of such subsection (b),

9 the date of the enactment of the provision of law author10 izing the conveyance of the property authorized to be con11 veyed by this section shall be the date of the enactment

12 of this Act.

13 (d) REVERSIONARY INTEREST.—If during the 5-year

14 period beginning on the date the conveyance authorized

15 by subsection (a) is made the Secretary determines that

16 the property conveyed under that subsection is not being

17 used for the purpose specified in paragraph (2) of that

18 subsection, all right, title, and interest in and to the prop19 erty shall revert to the United States, and the United

20 States shall have the right of immediate entry onto the

21 property. Any determination of the Secretary under this

22 subsection shall be made on the record after an oppor23 tunity for a hearing.

24 (e) DESCRIPTION OF PROPERTY.—The exact acreage

25 and legal description of the real property to be conveyed
453

•S 1059 PCS

1 under subsection (a) shall be determined by a survey satis2 factory to the official having jurisdiction over the property

3 at the time of the conveyance. The cost of the survey shall

4 be borne by the City.

5 (f) ADDITIONAL TERMS AND CONDITIONS.—The offi6 cial having jurisdiction over the property authorized to be

7 conveyed by subsection (a) at the time of the conveyance

8 may require such additional terms and conditions in con9 nection with the conveyance as that official considers ap10 propriate to protect the interest of the United States.

11 PART II—NAVY CONVEYANCES

12 SEC. 2841. CLARIFICATION OF LAND EXCHANGE, NAVAL RE13 SERVE READINESS CENTER, PORTLAND,

14 MAINE.

15 (a) CLARIFICATION ON CONVEYEE.—Subsection

16 (a)(1) of section 2852 of the Military Construction Au17 thorization Act for Fiscal Year 1999 (division B of Public

18 Law 105–261; 112 Stat. 2220) is amended by striking

19 ‘‘Gulf of Maine Aquarium Development Corporation, Port20 land, Maine (in this section referred to as the ‘Corpora21 tion’)’’ and inserting ‘‘Gulf of Maine Aquarium Develop22 ment Corporation, Portland, Maine, a non-profit edu23 cation and research institute (in this section referred to

24 as the ‘Aquarium’)’’.
454

•S 1059 PCS

1 (b) CONFORMING AMENDMENTS.—That section is

2 further amended by striking ‘‘the Corporation’’ each place

3 it appears and inserting ‘‘the Aquarium’’.

4 SEC. 2842. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of

6 the Navy may convey, without consideration, to the City

7 of Newport, Rhode Island (in this section referred to as

8 the ‘‘City’’), all right, title, and interest of the United

9 States in and to a parcel of real property (together with

10 any improvements thereon) consisting of approximately 15

11 acres and known familiarly as the Ranger Road site. The

12 real property is bounded by Naval Station Newport, Rhode

13 Island, to the north and west, by the Town of Middletown,

14 Rhode Island, to the north and east, and by Admiral

15 Kalbfus Road, the Jai Alai fronton, the Newport City

16 Yard, and the ramp to Newport Bridge to the south.

17 (b) CONDITION.—The conveyance authorized by sub18 section (a) shall be subject to the condition that the City

19 use the conveyed property for one or more of the following

20 purposes:

21 (1) A satellite campus of the Community Col22 lege of Rhode Island.

23 (2) A center for child day care and early child24 hood education.
455

•S 1059 PCS

1 (3) A center for offices of the Government of

2 the State of Rhode Island.

3 (c) REVERSIONARY INTEREST.—If during the 5-year

4 period beginning on the date the Secretary makes the con5 veyance authorized by subsection (a) the Secretary deter6 mines that the conveyed property is not being used for

7 any of the purposes specified in subsection (b), all right,

8 title, and interest in and to the property, including any

9 improvements thereon, shall revert to the United States,

10 and the United States shall have the right of immediate

11 entry onto the property. Any determination of the Sec12 retary under this subsection shall be made on the record

13 after an opportunity for a hearing.

14 (d) LEGAL DESCRIPTION OF PROPERTY.—The exact

15 acreage and legal description of the real property to be

16 conveyed under subsection (a) shall be determined by a

17 survey acceptable to the Secretary. The cost of the survey

18 shall be borne by the City.

19 (e) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance authorized by sub22 section (a) as the Secretary considers appropriate to pro23 tect the interests of the United States.
456

•S 1059 PCS

1 SEC. 2843. LAND CONVEYANCE, NAVAL WEAPONS INDUS2 TRIAL RESERVE PLANT NO. 387, DALLAS,

3 TEXAS.

4 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

5 of the Navy may convey to the City of Dallas, Texas (in

6 this section referred to as the ‘‘City’’), all right, title, and

7 interest of the United States in and to parcels of real prop8 erty consisting of approximately 314 acres and comprising

9 the Naval Weapons Industrial Reserve Plant No. 387,

10 Dallas, Texas.

11 (2)(A) As part of the conveyance authorized by para12 graph (1), the Secretary may convey to the City such im13 provements, equipment, fixtures, and other personal prop14 erty located on the parcels referred to in that paragraph

15 as the Secretary determines to be not required by the

16 Navy for other purposes.

17 (B) The Secretary may permit the City to review and

18 inspect the improvements, equipment, fixtures, and other

19 personal property located on the parcels referred to in

20 paragraph (1) for purposes of the conveyance authorized

21 by this paragraph.

22 (b) AUTHORITY TO CONVEY WITHOUT CONSIDER23 ATION.—The conveyance authorized by subsection (a) may

24 be made without consideration if the Secretary determines

25 that the conveyance on that basis would be in the best

26 interests of the United States.
457

•S 1059 PCS

1 (c) CONDITION OF CONVEYANCE.—The conveyance

2 authorized by subsection (a) shall be subject to the condi3 tion that the City—

4 (1) use the parcels, directly or through an

5 agreement with a public or private entity, for eco6 nomic purposes or such other public purposes as the

7 City determines appropriate; or

8 (2) convey the parcels to an appropriate public

9 entity for use for such purposes.

10 (d) REVERSION.—If, during the 5-year period begin11 ning on the date the Secretary makes the conveyance au12 thorized by subsection (a), the Secretary determines that

13 the conveyed real property is not being used for a purpose

14 specified in subsection (c), all right, title, and interest in

15 and to the property, including any improvements thereon,

16 shall revert to the United States, and the United States

17 shall have the right of immediate entry onto the property.

18 (e) LIMITATION ON CERTAIN SUBSEQUENT CONVEY19 ANCES.—(1) Subject to paragraph (2), if at any time after

20 the Secretary makes the conveyance authorized by sub21 section (a) the City conveys any portion of the parcels con22 veyed under that subsection to a private entity, the City

23 shall pay to the United States an amount equal to the

24 fair market value (as determined by the Secretary) of the
458

•S 1059 PCS

1 portion conveyed at the time of its conveyance under this

2 subsection.

3 (2) Paragraph (1) applies to a conveyance described

4 in that paragraph only if the Secretary makes the convey5 ance authorized by subsection (a) without consideration.

6 (3) The Secretary shall deposit in the General Fund

7 of the Treasury as miscellaneous receipts any amounts

8 paid the Secretary under this subsection.

9 (f) INTERIM LEASE.—(1) Until such time as the real

10 property described in subsection (a) is conveyed by deed

11 under this section, the Secretary may continue to lease

12 the property, together with improvements thereon, to the

13 current tenant under the existing terms and conditions of

14 the lease for the property.

15 (2) If good faith negotiations for the conveyance of

16 the property continue under this section beyond the end

17 of the third year of the term of the existing lease for the

18 property, the Secretary shall continue to lease the property

19 to the current tenant of the property under the terms and

20 conditions applicable to the first three years of the lease

21 of the property pursuant to the existing lease for the prop22 erty.

23 (g) MAINTENANCE OF PROPERTY.—(1) Subject to

24 paragraph (2), the Secretary shall be responsible for main25 taining the real property to be conveyed under this section
459

•S 1059 PCS

1 in its condition as of the date of the enactment of this

2 Act until such time as the property is conveyed by deed

3 under this section.

4 (2) The current tenant of the property shall be re5 sponsible for any maintenance required under paragraph

6 (1) to the extent of the activities of that tenant at the

7 property during the period covered by that paragraph.

8 (h) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the real property to be conveyed

10 under subsection (a) shall be determined by a survey satis11 factory to the Secretary. The cost of the survey shall be

12 borne by the City.

13 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 in connection with the conveyance under subsection (a) as

16 the Secretary considers appropriate to protect the inter17 ests of the United States.

18 PART III—AIR FORCE CONVEYANCES

19 SEC. 2851. LAND CONVEYANCE, MC CLELLAN NUCLEAR RA20 DIATION CENTER, CALIFORNIA.

21 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

22 any other provision of law, the Secretary of the Air Force

23 may convey, without consideration, to the Regents of the

24 University of California, acting on behalf of the University

25 of California, Davis (in this section referred to as the ‘‘Re-
460

•S 1059 PCS

1 gents’’), all right, title, and interest of the United States

2 in and to the parcel of real property, including improve3 ments thereon, consisting of the McClellan Nuclear Radi4 ation Center, California.

5 (b) INSPECTION OF PROPERTY.—The Secretary

6 shall, at an appropriate time before the conveyance au7 thorized by subsection (a), permit the Regents access to

8 the property to be conveyed for purposes of such investiga9 tion of the McClellan Nuclear Radiation Center and the

10 atomic reactor located at the Center as the Regents con11 sider appropriate.

12 (c) HOLD HARMLESS.—(1)(A) The Secretary may

13 not make the conveyance authorized by subsection (a) un14 less the Regents agree to indemnify and hold harmless the

15 United States for and against the following:

16 (i) Any and all costs associated with the decon17 tamination and decommissioning of the atomic reac18 tor at the McClellan Nuclear Radiation Center

19 under requirements that are imposed by the Nuclear

20 Regulatory Commission or any other appropriate

21 Federal or State regulatory agency.

22 (ii) Any and all injury, damage, or other liabil23 ity arising from the operation of the atomic reactor

24 after its conveyance under this section.
461

•S 1059 PCS

1 (B) As consideration for the agreement under sub2 paragraph (A), the Secretary may pay the Regents an

3 amount determined appropriate by the Secretary. The

4 amount may not exceed $17,593,000.

5 (2) Notwithstanding the agreement under paragraph

6 (1), the Secretary may, as part of the conveyance author7 ized by subsection (a), enter into an agreement with the

8 Regents under which agreement the United States shall

9 indemnify and hold harmless the University of California

10 for and against any injury, damage, or other liability in

11 connection with the operation of the atomic reactor at the

12 McClellan Nuclear Radiation Center after its conveyance

13 under this section that arises from a defect in the atomic

14 reactor that could not have been discovered in the course

15 of the inspection carried out under subsection (b).

16 (d) CONTINUING OPERATION OF REACTOR.—Until

17 such time as the property authorized to be conveyed by

18 subsection (a) is conveyed by deed, the Secretary shall

19 take appropriate actions, including the allocation of per20 sonnel, funds, and other resources, to ensure the con21 tinuing operation of the atomic reactor located at the

22 McClellan Nuclear Radiation Center in accordance with

23 applicable requirements of the Nuclear Regulatory Com24 mission and otherwise in accordance with law.
462

•S 1059 PCS

1 (e) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be conveyed

3 under subsection (a) shall be determined by a survey satis4 factory to the Secretary. The cost of the survey shall be

5 borne by the Secretary.

6 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions

8 in connection with the conveyance under subsection (a) as

9 the Secretary considers appropriate to protect the inter10 ests of the United States.

11 SEC. 2852. LAND CONVEYANCE, NEWINGTON DEFENSE

12 FUEL SUPPLY POINT, NEW HAMPSHIRE.

13 (a) CONVEYANCE AUTHORIZED.—The Secretary of

14 the Air Force may convey, without consideration, to the

15 Pease Development Authority, New Hampshire (in this

16 section referred to as the ‘‘Authority’’), all right, title, and

17 interest of the United States in and to parcels of real

18 property, together with any improvements thereon, con19 sisting of approximately 10.26 acres and located in

20 Newington, New Hampshire, the site of the Newington

21 Defense Fuel Supply Point. The parcels have been deter22 mined to be excess to the needs of the Air Force.

23 (b) RELATED PIPELINE AND EASEMENT.—As part

24 of the conveyance authorized by subsection (a), the Sec25 retary may convey to the Authority without consideration
463

•S 1059 PCS

1 all right, title, and interest of the United States in and

2 to the following:

3 (1) The pipeline approximately 1.25 miles in

4 length that runs between the property authorized to

5 be conveyed under subsection (a) and former Pease

6 Air Force Base, New Hampshire, and any facilities

7 and equipment related thereto.

8 (2) An easement consisting of approximately

9 4.612 acres for purposes of activities relating to the

10 pipeline.

11 (c) ALTERNATIVE CONVEYANCE AUTHORITY.—If at

12 the time of the conveyance authorized by this section the

13 Secretary has transferred jurisdiction over any of the

14 property to be conveyed to the Administrator of General

15 Services, the Administrator shall make the conveyance of

16 such property under this section.

17 (d) FEDERAL SCREENING.—(1) If any of the prop18 erty authorized to be conveyed by this section is under

19 the jurisdiction of the Administrator as of the date of the

20 enactment of this Act, the Administrator shall conduct

21 with respect to such property the screening for further

22 Federal use otherwise required by subsection (a) of section

23 2696 of title 10, United States Code.

24 (2) Subsections (b) through (d) of such section 2696

25 shall apply to the screening under paragraph (1) as if the
464

•S 1059 PCS

1 screening were a screening conducted under subsection (a)

2 of such section 2696. For purposes of such subsection (b),

3 the date of the enactment of the provision of law author4 izing the conveyance of the property authorized to be con5 veyed by this section shall be the date of the enactment

6 of this Act.

7 (e) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a), the easement to be conveyed under

10 subsection (b)(2), and the pipeline to be conveyed under

11 subsection (b)(1) shall be determined by surveys and other

12 means satisfactory to the official having jurisdiction over

13 the property or pipeline, as the case may be, at the time

14 of the conveyance. The cost of any survey or other services

15 performed at the direction of that official under the pre16 ceding sentence shall be borne by the Authority.

17 (f) ADDITIONAL TERMS AND CONDITIONS.—The offi18 cial having jurisdiction over the property to be conveyed

19 under subsection (a), or the pipeline and easement to be

20 conveyed under subsection (b), at the time of the convey21 ance may require such additional terms and conditions in

22 connection with the conveyance as that official considers

23 appropriate to protect the interests of the United States.
465

•S 1059 PCS

1 Subtitle E—Other Matters

2 SEC. 2861. ACQUISITION OF STATE-HELD INHOLDINGS,

3 EAST RANGE OF FORT HUACHUCA, ARIZONA.

4 (a) ACQUISITION AUTHORIZED.—(1) The Secretary

5 of the Interior may acquire by eminent domain, but with

6 the consent of the State of Arizona, all right, title, and

7 interest (including any mineral rights) of the State of Ari8 zona in and to unimproved Arizona State Trust lands con9 sisting of approximately 1,536.47 acres in the Fort

10 Huachuca East Range, Cochise County, Arizona.

11 (2) The Secretary may also acquire by eminent do12 main, but with the consent of the State of Arizona, any

13 trust mineral estate of the State of Arizona located be14 neath the surface estates of the United States in one or

15 more parcels of land consisting of approximately 12,943

16 acres in the Fort Huachuca East Range, Cochise County,

17 Arizona.

18 (b) CONSIDERATION.—(1) Subject to subsection (c),

19 as consideration for the acquisition by the United States

20 of Arizona State trust lands and mineral interests under

21 subsection (a), the Secretary, acting through the Bureau

22 of Land Management, may convey to the State of Arizona

23 all right, title, and interest of the United States, or some

24 lesser interest, in one or more parcels of Federal land
466

•S 1059 PCS

1 under the jurisdiction of the Bureau of Land Management

2 in the State of Arizona.

3 (2) The lands or interests in land to be conveyed

4 under this subsection shall be mutually agreed upon by

5 the Secretary and the State of Arizona, as provided in sub6 section (c)(1).

7 (3) The value of the lands conveyed out of Federal

8 ownership under this subsection either shall be equal to

9 the value of the lands and mineral interests received by

10 the United States under subsection (a) or, if not, shall

11 be equalized by a payment made by the Secretary or the

12 State of Arizona, as necessary.

13 (c) CONDITIONS ON CONVEYANCE TO STATE.—The

14 Secretary may make the conveyance described in sub15 section (b) only if—

16 (1) the transfer of the Federal lands to the

17 State of Arizona is acceptable to the State Land

18 Commissioner; and

19 (2) the conveyance of lands and interests in

20 lands under subsection (b) is accepted by the State

21 of Arizona as full consideration for the land and

22 mineral rights acquired by the United States under

23 subsection (a) and terminates all right, title, and in24 terest of all parties (other than the United States)

25 in and to the acquired lands and mineral rights.
467

•S 1059 PCS

1 (d) USE OF EMINENT DOMAIN.—The Secretary may

2 acquire the State lands and mineral rights under sub3 section (a) pursuant to the laws and regulations governing

4 eminent domain.

5 (e) DETERMINATION OF FAIR MARKET VALUE.—

6 Notwithstanding any other provision of law, the value of

7 lands and interests in lands acquired or conveyed by the

8 United States under this section shall be determined in

9 accordance with the Uniform Appraisal Standards for

10 Federal Land Acquisition, as published by the Depart11 ment of Justice in 1992. The appraisal shall be subject

12 to the review and acceptance by the Land Department of

13 the State of Arizona and the Bureau of Land Manage14 ment.

15 (f) DESCRIPTIONS OF LAND.—The exact acreage and

16 legal descriptions of the lands and interests in lands ac17 quired or conveyed by the United States under this section

18 shall be determined by surveys that are satisfactory to the

19 Secretary of the Interior and the State of Arizona.

20 (g) WITHDRAWAL OF ACQUIRED LANDS FOR MILI21 TARY PURPOSES.—After acquisition, the lands acquired

22 by the United States under subsection (a) may be with23 drawn and reserved, in accordance with all applicable envi24 ronmental laws, for use by the Secretary of the Army for

25 military training and testing in the same manner as other
468

•S 1059 PCS

1 Federal lands located in the Fort Huachuca East Range

2 that were withdrawn and reserved for Army use through

3 Public Land Order 1471 of 1957.

4 (h) ADDITIONAL TERMS AND CONDITIONS.—The

5 Secretary of the Interior may require such additional

6 terms and conditions in connection with the conveyance

7 and acquisition of lands and interests in land under this

8 section as the Secretary considers to be appropriate to

9 protect the interests of the United States and any valid

10 existing rights.

11 (i) COST REIMBURSEMENT.—All costs associated

12 with the processing of the acquisition of State trust lands

13 and mineral interests under subsection (a) and the convey14 ance of public lands under subsection (b) shall be borne

15 by the Secretary of the Army.

16 SEC. 2862. DEVELOPMENT OF FORD ISLAND, HAWAII.

17 (a) IN GENERAL.—(1) Subject to paragraph (2), the

18 Secretary of the Navy may exercise any authority or com19 bination of authorities in this section for the purpose of

20 developing or facilitating the development of Ford Island,

21 Hawaii, to the extent that the Secretary determines the

22 development is compatible with the mission of the Navy.

23 (2) The Secretary may not exercise any authority

24 under this section until—
469

•S 1059 PCS

1 (A) the Secretary submits to the appropriate

2 committees of Congress a master plan for the devel3 opment of Ford Island; and

4 (B) a period of 30 calendar days has elapsed

5 following the date on which the notification is re6 ceived by those committees.

7 (b) CONVEYANCE AUTHORITY.—(1) The Secretary of

8 the Navy may convey to any public or private person or

9 entity all right, title, and interest of the United States in

10 and to any real property (including any improvements

11 thereon) or personal property under the jurisdiction of the

12 Secretary in the State of Hawaii that the Secretary

13 determines—

14 (A) is excess to the needs of the Navy and all

15 of the other Armed Forces; and

16 (B) will promote the purpose of this section.

17 (2) A conveyance under this subsection may include

18 such terms and conditions as the Secretary considers ap19 propriate to protect the interests of the United States.

20 (c) LEASE AUTHORITY.—(1) The Secretary of the

21 Navy may lease to any public or private person or entity

22 any real property or personal property under the jurisdic23 tion of the Secretary in the State of Hawaii that the Sec24 retary determines—
470

•S 1059 PCS

1 (A) is not needed for current operations of the

2 Navy and all of the other Armed Forces; and

3 (B) will promote the purpose of this section.

4 (2) A lease under this subsection shall be subject to

5 section 2667(b)(1) of title 10, United States Code, and

6 may include such others terms as the Secretary considers

7 appropriate to protect the interests of the United States.

8 (3) A lease of real property under this subsection may

9 provide that, upon termination of the lease term, the lessee

10 shall have the right of first refusal to acquire the real

11 property covered by the lease if the property is then con12 veyed under subsection (b).

13 (4)(A) The Secretary may provide property support

14 services to or for real property leased under this sub15 section.

16 (B) To the extent provided in appropriations Acts,

17 any payment made to the Secretary for services provided

18 under this paragraph shall be credited to the appropria19 tion, account, or fund from which the cost of providing

20 the services was paid.

21 (d) ACQUISITION OF LEASEHOLD INTEREST BY SEC22 RETARY.—(1) The Secretary of the Navy may acquire a

23 leasehold interest in any facility constructed under sub24 section (f) as consideration for a transaction authorized
471

•S 1059 PCS

1 by this section upon such terms as the Secretary considers

2 appropriate to promote the purpose of this section.

3 (2) The term of a lease under paragraph (1) may not

4 exceed 10 years, unless the Secretary of Defense approves

5 a term in excess of 10 years for the purpose of this section.

6 (3) A lease under this subsection may provide that,

7 upon termination of the lease term, the United States

8 shall have the right of first refusal to acquire the facility

9 covered by the lease.

10 (e) REQUIREMENT FOR COMPETITION.—The Sec11 retary of the Navy shall use competitive procedures for

12 purposes of selecting the recipient of real or personal prop13 erty under subsection (b) and the lessee of real or personal

14 property under subsection (c).

15 (f) CONSIDERATION.—(1) As consideration for the

16 conveyance of real or personal property under subsection

17 (b), or for the lease of real or personal property under

18 subsection (c), the Secretary of the Navy shall accept cash,

19 real property, personal property, or services, or any com20 bination thereof, in an aggregate amount equal to not less

21 than the fair market value of the real or personal property

22 conveyed or leased.

23 (2) Subject to subsection (i), the services accepted by

24 the Secretary under paragraph (1) may include the fol25 lowing:
472

•S 1059 PCS

1 (A) The construction or improvement of facili2 ties at Ford Island.

3 (B) The restoration or rehabilitation of real

4 property at Ford Island.

5 (C) The provision of property support services

6 for property or facilities at Ford Island.

7 (g) NOTICE AND WAIT REQUIREMENTS.—The Sec8 retary of the Navy may not carry out a transaction au9 thorized by this section until—

10 (1) the Secretary submits to the appropriate

11 committees of Congress a notification of the trans12 action, including—

13 (A) a detailed description of the trans14 action; and

15 (B) a justification for the transaction

16 specifying the manner in which the transaction

17 will meet the purpose of this section; and

18 (2) a period of 30 calendar days has elapsed

19 following the date on which the notification is re20 ceived by those committees.

21 (h) FORD ISLAND IMPROVEMENT ACCOUNT.—(1)

22 There is established on the books of the Treasury an ac23 count to be known as the ‘‘Ford Island Improvement Ac24 count’’.
473

•S 1059 PCS

1 (2) There shall be deposited into the account the fol2 lowing amounts:

3 (A) Amounts authorized and appropriated to

4 the account.

5 (B) Except as provided in subsection (c)(4)(B),

6 the amount of any cash payment received by the

7 Secretary for a transaction under this section.

8 (i) USE OF ACCOUNT.—(1) Subject to paragraph (2),

9 to the extent provided in advance in appropriation Acts,

10 funds in the Ford Island Improvement Account may be

11 used as follows:

12 (A) To carry out or facilitate the carrying out

13 of a transaction authorized by this section.

14 (B) To carry out improvements of property or

15 facilities at Ford Island.

16 (C) To obtain property support services for

17 property or facilities at Ford Island.

18 (2) To extent that the authorities provided under sub19 chapter IV of chapter 169 of title 10, United States Code,

20 are available to the Secretary of the Navy, the Secretary

21 may not use the authorities in this section to acquire, con22 struct, or improve family housing units, military unaccom23 panied housing units, or ancillary supporting facilities re24 lated to military housing at Ford Island.
474

•S 1059 PCS

1 (3)(A) The Secretary may transfer funds from the

2 Ford Island Improvement Account to the following funds:

3 (i) The Department of Defense Family Housing

4 Improvement Fund established by section

5 2883(a)(1) of title 10, United States Code.

6 (ii) The Department of Defense Military Unac7 companied Housing Improvement Fund established

8 by section 2883(a)(2) of that title.

9 (B) Amounts transferred under subparagraph (A) to

10 a fund referred to in that subparagraph shall be available

11 in accordance with the provisions of section 2883 of title

12 10, United States Code, for activities authorized under

13 subchapter IV of chapter 169 of that title at Ford Island.

14 (j) INAPPLICABILITY OF CERTAIN PROPERTY MAN15 AGEMENT LAWS.—Except as otherwise provided in this

16 section, transactions under this section shall not be subject

17 to the following:

18 (1) Sections 2667 and 2696 of title 10, United

19 States Code.

20 (2) Section 501 of the Stewart B. McKinney

21 Homeless Assistance Act (42 U.S.C. 11411).

22 (3) Sections 202 and 203 of the Federal Prop23 erty and Administrative Services Act of 1949 (40

24 U.S.C. 483, 484).
475

•S 1059 PCS

1 (k) SCORING.—Nothing in this section shall be con2 strued to waive the applicability to any lease entered into

3 under this section of the budget scorekeeping guidelines

4 used to measure compliance with the Balanced Budget

5 Emergency Deficit Control Act of 1985.

6 (l) CONFORMING AMENDMENTS.—Section 2883(c) of

7 title 10, United States Code, is amended—

8 (1) in paragraph (1), by adding at the end the

9 following new subparagraph:

10 ‘‘(E) Any amounts that the Secretary of the

11 Navy transfers to that Fund pursuant to section

12 2862(i)(3)(A)(i) of the Military Construction Au13 thorization Act for Fiscal Year 2000, subject to the

14 restrictions on the use of the transferred amounts

15 specified in that section.’’; and

16 (2) in paragraph (2), by adding at the end the

17 following new subparagraph:

18 ‘‘(E) Any amounts that the Secretary of the

19 Navy transfers to that Fund pursuant to section

20 2862(i)(3)(A)(ii) of the Military Construction Au21 thorization Act for Fiscal Year 2000, subject to the

22 restrictions on the use of the transferred amounts

23 specified in that section.’’.

24 (m) DEFINITIONS.—In this section:
476

•S 1059 PCS

1 (1) The term ‘‘appropriate committees of Con2 gress’’ has the meaning given that term in section

3 2801(4) of title 10, United States Code.

4 (2) The term ‘‘property support service’’ means

5 the following:

6 (A) Any utility service or other service list7 ed in section 2686(a) of title 10, United States

8 Code.

9 (B) Any other service determined by the

10 Secretary to be a service that supports the op11 eration and maintenance of real property, per12 sonal property, or facilities.

13 TITLE XXIX—RENEWAL OF

14 MILITARY LAND WITHDRAWALS

15 SEC. 2901. SHORT TITLE.

16 This title may be cited as the Military Lands With17 drawal Renewal Act of 1999’’.

18 SEC. 2902. WITHDRAWALS.

19 (a) BARRY M. GOLDWATER RANGE.—(1) Subject to

20 valid existing rights and except as otherwise provided in

21 this title, the lands described in paragraph (3) are hereby

22 withdrawn from all forms of appropriation under the pub23 lic land laws (including the mining laws and the mineral

24 leasing and the geothermal leasing laws).
477

•S 1059 PCS

1 (2) Such lands are reserved for use by the Secretary

2 of the Air Force and the Secretary of the Navy for—

3 (A) testing and training for aerial bombing,

4 missile firing, and tactical maneuvering and air sup5 port;

6 (B) joint air and ground operations training,

7 including ground maneuvers; and

8 (C) subject to the requirements of section

9 2904(f), other defense-related purposes consistent

10 with the purposes specified in this paragraph.

11 (3) The lands referred to in paragraph (1) are the

12 lands comprising approximately 2,664,423 acres in Mari13 copa, Pima, and Yuma Counties, Arizona, as generally de14 picted on the map entitled ‘‘Luke Air Force Range With15 drawal—Proposed’’, dated January 1985, and withdrawn

16 by the provisions of section 1(c) of the Military Lands

17 Withdrawal Act of 1986 (Public Law 99–606). Such lands

18 do not include any portion of the lands so withdrawn that

19 were relinquished to the Secretary of the Interior under

20 the provisions of that Act.

21 (4)(A) The Secretary of the Air Force and the Sec22 retary of the Navy shall enter into a memorandum of un23 derstanding specifying the geographic areas of the lands

24 withdrawn by this subsection that will be managed by the
478

•S 1059 PCS

1 Secretary of the Air Force and the Secretary of the Navy,

2 respectively.

3 (B) For purposes of this title, the Secretary of the

4 Air Force shall be treated as the Secretary of the military

5 department concerned for the lands specified in the memo6 randum of understanding as managed by the Secretary

7 of the Air Force.

8 (C) For purposes of this title, the Secretary of the

9 Navy shall be treated as the Secretary of the military de10 partment concerned for the lands specified in the memo11 randum of understanding as managed by the Secretary

12 of the Navy.

13 (5) The Barry M. Goldwater Air Force Range is here14 by redesignated as the ‘‘Barry M. Goldwater Range’’. Any

15 reference to the Barry M. Goldwater Air Force Range in

16 any law, regulation, document, record, map, or other

17 paper of the United States shall be deemed to be a ref18 erence to the Barry M. Goldwater Range.

19 (6) The withdrawal and reservation established by

20 this subsection shall be a multi-year withdrawal consistent

21 with the environmental impact statements prepared by the

22 military departments and the Department of the Interior.

23 (b) MCGREGOR RANGE.—(1) Subject to valid exist24 ing rights and except as otherwise provided in this title,

25 the public lands described in paragraph (3) are hereby
479

•S 1059 PCS

1 withdrawn from all forms of appropriation under the pub2 lic land laws (including the mining laws and the mineral

3 leasing and the geothermal leasing laws).

4 (2) Such lands are reserved for use by the Secretary

5 of the Army—

6 (A) for training and weapons testing; and

7 (B) subject to the requirements of section

8 2904(f), for other defense-related purposes con9 sistent with the purposes specified in this paragraph.

10 (3) The lands referred to in paragraph (1) are the

11 lands comprising approximately 608,384.87 acres in Otero

12 County, New Mexico, as generally depicted on the map

13 entitled ‘‘McGregor Range Withdrawal—Proposed’’, dated

14 January 1985, and withdrawn by the provisions of section

15 1(d) of the Military Lands Withdrawal Act of 1986. Such

16 lands do not include any portion of the lands so withdrawn

17 that were relinquished to the Secretary of the Interior

18 under the provisions of that Act.

19 (4) Any of the public lands withdrawn under para20 graph (1) which, as of the date of the enactment of this

21 Act, are managed pursuant to section 603 of the Federal

22 Land Policy and Management Act of 1976 (43 U.S.C.

23 1782) shall continue to be managed under that section

24 until otherwise expressly provided by law.
480

•S 1059 PCS

1 (5) The withdrawal and reservation established by

2 this subsection shall be a multi-year withdrawal consistent

3 with the environmental impact statements prepared by the

4 military departments and the Department of the Interior.

5 (c) FORT GREELY MANEUVER AREA AND FORT

6 GREELY AIR DROP ZONE.—(1) Subject to valid existing

7 rights and except as otherwise provided in this title, the

8 lands described in paragraph (3) are hereby withdrawn

9 from all forms of appropriation under the public land laws

10 (including the mining laws and the mineral leasing and

11 the geothermal leasing laws), under the Act entitled ‘‘An

12 Act to provide for the admission of the State of Alaska

13 into the Union’’, approved July 7, 1958 (48 U.S.C. note

14 prec. 21), and under the Alaska Native Claims Settlement

15 Act (43 U.S.C. 1601 et seq.).

16 (2) Such lands are reserved for use by the Secretary

17 of the Army for—

18 (A) military maneuvering, training, and equip19 ment development and testing; and

20 (B) subject to the requirements of section

21 2904(f), other defense-related purposes consistent

22 with the purposes specified in this paragraph.

23 (3)(A) The lands referred to in paragraph (1) are—

24 (i) the lands comprising approximately 571,995

25 acres in the Big Delta Area, Alaska, as generally de-
481

•S 1059 PCS

1 picted on the map entitled ‘‘Fort Greely Maneuver

2 Area Withdrawal—Proposed’’, dated January 1985,

3 and withdrawn by the provisions of section 1(e) of

4 the Military Lands Withdrawal Act of 1986; and

5 (ii) the lands comprising approximately 51,590

6 acres in the Granite Creek Area, Alaska, as gen7 erally depicted on the map entitled ‘‘Fort Greely, Air

8 Drop Zone Withdrawal—Proposed’’, dated January

9 1985, and withdrawn by the provisions of such sec10 tion.

11 (B) Such lands do not include any portion of the

12 lands so withdrawn that were relinquished to the Sec13 retary of the Interior under the provisions of that Act.

14 (d) FORT WAINWRIGHT MANEUVER AREA.—(1) Sub15 ject to valid existing rights and except as otherwise pro16 vided in this title, the public lands described in paragraph

17 (3) are hereby withdrawn from all forms of appropriation

18 under the public land laws (including the mining laws and

19 the mineral leasing and the geothermal leasing laws),

20 under the Act entitled ‘‘An Act to provide for the admis21 sion of the State of Alaska into the Union’’, approved July

22 7, 1958 (48 U.S.C. note prec. 21), and under the Alaska

23 Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

24 (2) Such lands are reserved for use by the Secretary

25 of the Army for—
482

•S 1059 PCS

1 (A) military maneuvering;

2 (B) training for artillery firing, aerial gunnery,

3 and infantry tactics; and

4 (C) subject to the requirements of section

5 2904(f), other defense-related purposes consistent

6 with the purposes specified in this paragraph.

7 (3) The lands referred to in paragraph (1) are the

8 lands comprising approximately 247,951.67 acres of land

9 in the Fourth Judicial District, Alaska, as generally de10 picted on the map entitled ‘‘Fort Wainwright Maneuver

11 Area Withdrawal—Proposed’’, dated January 1985, and

12 withdrawn by the provisions of section 1(f) of the Military

13 Lands Withdrawal Act of 1986. Such lands do not include

14 any portion of the lands so withdrawn that were relin15 quished to the Secretary of the Interior under the provi16 sions of that Act.

17 SEC. 2903. MAPS AND LEGAL DESCRIPTIONS.

18 (a) PUBLICATION AND FILING REQUIREMENT.—As

19 soon as practicable after the date of the enactment of this

20 Act, the Secretary of the Interior shall—

21 (1) publish in the Federal Register a notice

22 containing the legal description of the lands with23 drawn by this title; and

24 (2) file maps and the legal description of the

25 lands withdrawn by this title with the Committee on
483

•S 1059 PCS

1 Energy and Natural Resources of the Senate and

2 the Committee on Resources of the House of Rep3 resentatives.

4 (b) TECHNICAL CORRECTIONS.—Such maps and

5 legal descriptions shall have the same force and effect as

6 if they were included in this title except that the Secretary

7 of the Interior may correct clerical and typographical er8 rors in such maps and legal descriptions.

9 (c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies

10 of such maps and legal descriptions shall be available for

11 public inspection in the following offices:

12 (1) The Office of the Secretary of Defense.

13 (2) The offices of the Director and appropriate

14 State Directors of the Bureau of Land Management.

15 (3) The offices of the Director and appropriate

16 Regional Directors of the United States Fish and

17 Wildlife Service.

18 (4) The office of the commander, Luke Air

19 Force Base.

20 (5) The office of the commander, McGregor

21 Range.

22 (6) The office of the installation commander,

23 Fort Richardson, Alaska.

24 (7) The office of the commander, Marine Corps

25 Air Station, Yuma, Arizona.
484

•S 1059 PCS

1 (d) REIMBURSEMENT.—The Secretary of Defense

2 shall reimburse the Secretary of the Interior for any costs

3 incurred by the Secretary of the Interior in carrying out

4 this section.

5 SEC. 2904. MANAGEMENT OF WITHDRAWN LANDS.

6 (a) MANAGEMENT BY SECRETARY OF THE INTE7 RIOR.—(1)(A) The Secretary of the Interior shall manage

8 the lands withdrawn by this title (except those lands with9 in a unit of the National Wildlife Refuge System) pursu10 ant to the Federal Land Policy and Management Act of

11 1976 (43 U.S.C. 1701 et seq.) and other applicable law,

12 including the Recreation Use of Wildlife Areas Act of

13 1962 (16 U.S.C. 460k et seq.) and this title. The Sec14 retary shall manage such lands through the Bureau of

15 Land Management.

16 (B)(i) Lands within the Cabeza Prieta National Wild17 life Refuge shall be managed pursuant to the National

18 Wildlife Refuge System Administration Act of 1966 (16

19 U.S.C. 668dd et seq.) and other applicable laws, including

20 this title.

21 (ii) No provision of this title, except this section and

22 sections 2902, 2905, 2912, and 2913, shall apply to the

23 management of the Cabeza Prieta National Wildlife Ref24 uge.
485

•S 1059 PCS

1 (2) To the extent consistent with applicable law and

2 Executive orders, the lands withdrawn by this title may

3 be managed in a manner permitting—

4 (A) the continuation of grazing pursuant to ap5 plicable law and Executive orders where permitted

6 on the date of the enactment of this Act;

7 (B) protection of wildlife and wildlife habitat;

8 (C) control of predatory and other animals;

9 (D) recreation; and

10 (E) the prevention and appropriate suppression

11 of brush and range fires resulting from nonmilitary

12 activities.

13 (3)(A) All nonmilitary use of the lands withdrawn by

14 this title, other than the uses described in paragraph (2),

15 shall be subject to such conditions and restrictions as may

16 be necessary to permit the military use of such lands for

17 the purposes specified in or authorized pursuant to this

18 title.

19 (B) The Secretary of the Interior may issue any

20 lease, easement, right-of-way, or other authorization with

21 respect to the nonmilitary use of such lands only with the

22 concurrence of the Secretary of the military department

23 concerned.

24 (b) CLOSURE TO PUBLIC.—(1) If the Secretary of the

25 military department concerned determines that military
486

•S 1059 PCS

1 operations, public safety, or national security require the

2 closure to public use of any road, trail, or other portion

3 of the lands withdrawn by this title, that Secretary may

4 take such action as that Secretary determines necessary

5 to effect and maintain such closure.

6 (2) Any such closure shall be limited to the minimum

7 areas and periods which the Secretary of the military de8 partment concerned determines are required to carry out

9 this subsection.

10 (3) During any closure under this subsection, the

11 Secretary of the military department concerned shall—

12 (A) keep appropriate warning notices posted;

13 and

14 (B) take appropriate steps to notify the public

15 concerning such closures.

16 (c) MANAGEMENT PLAN.—(1)(A) The Secretary of

17 the Interior (after consultation with the Secretary of the

18 military department concerned) shall develop a plan for

19 the management of each area withdrawn by this title.

20 (2) Each plan shall—

21 (A) be consistent with applicable law;

22 (B) be subject to conditions and restrictions

23 specified in subsection (a)(3); and
487

•S 1059 PCS

1 (C) include such provisions as may be necessary

2 for proper management and protection of the re3 sources and values of such areas.

4 (3) The Secretary of the Interior shall develop each

5 plan required by this subsection not later than three years

6 after the date of the enactment of this Act. In developing

7 a plan for an area, the Secretary may utilize or modify

8 appropriate provisions of the management plan developed

9 for the area under section 3(c) of the Military Lands

10 Withdrawal Act of 1986.

11 (d) BRUSH AND RANGE FIRES.—(1) The Secretary

12 of the military department concerned shall take necessary

13 precautions to prevent and suppress brush and range fires

14 occurring within and outside the lands withdrawn by this

15 title as a result of military activities and may seek assist16 ance from the Bureau of Land Management in the sup17 pression of such fires.

18 (2) Each memorandum of understanding required by

19 subsection (e) shall provide for Bureau of Land Manage20 ment assistance in the suppression of fires referred to in

21 paragraph (1) in the area covered by the memorandum

22 of understanding, and for a transfer of funds from the

23 military department concerned to the Bureau of Land

24 Management as compensation for such assistance.
488

•S 1059 PCS

1 (e) MEMORANDUM OF UNDERSTANDING.—(1) The

2 Secretary of the Interior and the Secretary of the military

3 department concerned shall (with respect to each area

4 withdrawn by section 2902) enter into a memorandum of

5 understanding to implement the management plan devel6 oped under subsection (c).

7 (2) Each memorandum of understanding shall pro8 vide that the Director of the Bureau of Land Management

9 shall provide assistance in the suppression of fires result10 ing from the military use of lands withdrawn by this title

11 if requested by the Secretary of the military department

12 concerned.

13 (f) ADDITIONAL MILITARY USES.—(1) The lands

14 withdrawn by this title may be used for defense-related

15 uses other than those specified in the applicable provision

16 of section 2902. The use of such lands for such purposes

17 shall be governed by all laws applicable to such lands, in18 cluding this title.

19 (2)(A) The Secretary of Defense shall promptly no20 tify the Secretary of the Interior in the event that the

21 lands withdrawn by this title will be used for defense-re22 lated purposes other than those specified in section 2902.

23 (B) Such notification shall indicate the additional use

24 or uses involved, the proposed duration of such uses, and

25 the extent to which such additional military uses of the
489

•S 1059 PCS

1 lands will require that additional or more stringent condi2 tions or restrictions be imposed on otherwise-permitted

3 nonmilitary uses of the land or portions thereof.

4 (3) Subject to valid existing rights, the Secretary of

5 the military department concerned may utilize sand, grav6 el, or similar mineral or material resources on the lands

7 withdrawn by this title when the use of such resources

8 is required to meet the construction needs of the military

9 department concerned on the lands withdrawn by this

10 title.

11 (g) ADDITIONAL MANAGEMENT REQUIREMENTS.—

12 (1) Except as otherwise provided in this title, the lands

13 withdrawn by this title shall be managed in a manner

14 that—

15 (A) complies with current resource management

16 standards; and

17 (B) maintains a level of effort similar to that

18 in effect on the date of the enactment of this Act.

19 (2) Not later than six months after the date of the

20 enactment of this Act, the Secretary of the Interior shall

21 submit to Congress and to the Secretary of Defense a re22 port on the management of lands withdrawn by this title.

23 The report shall include any recommendations for addi24 tional actions to preserve and protect the natural re25 sources of such lands, and any additional recommenda-
490

•S 1059 PCS

1 tions, that the Secretary of the Interior considers appro2 priate.

3 SEC. 2905. SPECIAL WILDLIFE RULES ON BARRY M. GOLD4 WATER RANGE.

5 (a) APPLICABILITY OF LAW.—Neither the with6 drawal by section 2902(a) nor any other provision of this

7 title shall be construed to amend any law, Executive order,

8 or public land order in effect on the date of the enactment

9 of this Act with respect to the Cabeza Prieta National

10 Wildlife Refuge.

11 (b) APPLICABILITY OF MEMORANDA OF UNDER12 STANDING.—Neither the withdrawal by section 2902(a)

13 nor any other provision of this title shall be construed to

14 amend any memorandum of understanding between the

15 Secretary of the Interior and the Secretary of the Air

16 Force regarding the administration and joint use of a por17 tion of the Cabeza Prieta National Wildlife Refuge.

18 (c) MODIFICATION OF MEMORANDA OF UNDER19 STANDING.—No modification of a provision of the memo20 randum of understanding between the Secretary of the In21 terior and the Secretary of the Air Force regarding Air

22 Force operations on the Cabeza Prieta National Wildlife

23 Refuge in effect on November 21, 1994, shall take effect

24 until 90 days after the date on which the Secretary of

25 the Interior submits to the Committees on Armed Serv-
491

•S 1059 PCS

1 ices, Energy and Natural Resources, and Environment

2 and Public Works of the Senate and the Committees on

3 Armed Services and Resources of the House of Represent4 atives a report on the proposed modification.

5 SEC. 2906. ESTABLISHMENT OF NATIONAL PARK IN BARRY

6 M. GOLDWATER RANGE.

7 (a) STUDY.—The Secretary of Defense and the Sec8 retary of the Interior shall jointly conduct a comprehensive

9 study of the feasibility and advisability of establishing a

10 national park from all or portions of the lands withdrawn

11 by section 2902(a).

12 (b) REPORT.—Not later than 2 years after the date

13 of the enactment of this Act, the Secretary of Defense and

14 the Secretary of the Interior shall jointly submit to Con15 gress a report on the study conducted under subsection

16 (a). The report shall include the recommendations of the

17 Secretaries as to the feasibility and advisability of estab18 lishing a national park from all or portions of the lands

19 specified in that subsection.

20 SEC. 2907. LAND MANAGEMENT ANALYSIS.

21 (a) PERIODIC ANALYSIS REQUIRED.—Not later than

22 10 years after the date of the enactment of this Act, any

23 every 10 years thereafter, the Secretary of the military

24 department concerned shall, in consultation with the Sec25 retary of the Interior, conduct an analysis of the degree
492

•S 1059 PCS

1 to which the management of the lands withdrawn by this

2 title conforms to the requirements of laws applicable to

3 the management of such lands, including this title.

4 (b) DEADLINE.—Each analysis under this section

5 shall be completed not later than 270 days after the com6 mencement of such analysis.

7 (c) LIMITATION ON COST.—The cost of each analysis

8 under this section may not exceed $900,000 in constant

9 1999 dollars.

10 (d) REPORT.—Not later than 90 days after the date

11 of the completion of an analysis under this section, the

12 Secretary of the military department concerned shall sub13 mit to Congress a report on the analysis. The report shall

14 set forth the results of the analysis and include any other

15 matters relating to the management of the lands with16 drawn by this title that such Secretary considers appro17 priate.

18 SEC. 2908. ONGOING ENVIRONMENTAL RESTORATION.

19 (a) REQUIREMENT.—To the extent provided in ad20 vance in appropriations Acts, the Secretary of the military

21 department concerned shall carry out a program to pro22 vide for the environmental restoration of the lands with23 drawn by this title in order to ensure a level of environ24 mental decontamination of such lands equivalent to the
493

•S 1059 PCS

1 level of environmental decontamination that exists on such

2 lands as of the date of the enactment of this Act.

3 (b) REPORTS.—(1) At the same time the President

4 submits to Congress the budget for any fiscal year after

5 fiscal year 2000, the Secretary of the military department

6 concerned shall submit to the committees referred to in

7 paragraph (2) a report on environmental restoration ac8 tivities relating to the lands withdrawn by this title. The

9 report shall satisfy the requirements of section 2706(a)

10 of title 10, United States Code, with respect to the activi11 ties on such lands.

12 (2) The committees referred to in paragraph (1) are

13 the Committees on Appropriations, Armed Services, and

14 Energy and Natural Resources of the Senate and the

15 Committees on Appropriations, Armed Services, and Re16 sources of the House of Representatives.

17 SEC. 2909. RELINQUISHMENT.

18 (a) AUTHORITY.—The Secretary of the military de19 partment concerned may relinquish all or any of the lands

20 withdrawn by this title to the Secretary of the Interior.

21 (b) NOTICE.—If the Secretary of the military depart22 ment concerned determines to relinquish any lands with23 drawn by this title under subsection (a), that Secretary

24 shall transmit to the Secretary of the Interior a notice of

25 intent to relinquish such lands.
494

•S 1059 PCS

1 (c) DETERMINATION OF CONTAMINATION.—(1) Be2 fore transmitting a notice of intent to relinquish any lands

3 under subsection (b), the Secretary of Defense, acting

4 through the military department concerned, shall deter5 mine whether and to what extent such lands are contami6 nated with explosive, toxic, or other hazardous materials.

7 (2) A copy of a determination with respect to any

8 lands under paragraph (1) shall be transmitted to the Sec9 retary of the Interior together with the notice of intent

10 to relinquish such lands under subsection (b).

11 (3) Copies of both the notice of intent to relinquish

12 lands under subsection (b) and the determination regard13 ing the contamination of such lands under this subsection

14 shall be published in the Federal Register by the Secretary

15 of the Interior.

16 (d) DECONTAMINATION.—(1) If any land subject to

17 a notice of intent to relinquish under subsection (a) is con18 taminated, and the Secretary of the Interior, in consulta19 tion with the Secretary of the military department con20 cerned, makes the determination described in paragraph

21 (2), the Secretary of the military department concerned

22 shall, to the extent provided in advance in appropriations

23 Acts, undertake the environmental decontamination of the

24 land.
495

•S 1059 PCS

1 (2) A determination referred to in this paragraph is

2 a determination that—

3 (A) decontamination of the land concerned is

4 practicable and economically feasible (taking into

5 consideration the potential future use and value of

6 the land); and

7 (B) upon decontamination, the land could be

8 opened to operation of some or all of the public land

9 laws, including the mining laws.

10 (e) ALTERNATIVES.—(1) If a circumstance described

11 in paragraph (2) arises with respect to any land which

12 is covered by a notice of intent to relinquish under sub13 section (a), the Secretary of the Interior shall not be re14 quired to accept the land under this section.

15 (2) A circumstance referred to in this paragraph is—

16 (A) a determination by the Secretary of the In17 terior, in consultation with the Secretary of the mili18 tary department concerned that—

19 (i) decontamination of the land is not prac20 ticable or economically feasible; or

21 (ii) the land cannot be decontaminated to

22 a sufficient extent to permit its opening to the

23 operation of some or all of the public land laws;

24 or
496

•S 1059 PCS

1 (B) the appropriation by Congress of amounts

2 that are insufficient to provide for the decontamina3 tion of the land.

4 (f) STATUS OF CONTAMINATED LANDS.—If, because

5 of their contaminated state, the Secretary of the Interior

6 declines to accept jurisdiction over lands withdrawn by

7 this title which have been proposed for relinquishment

8 under subsection (a)—

9 (1) the Secretary of the military department

10 concerned shall take appropriate steps to warn the

11 public of the contaminated state of such lands and

12 any risks associated with entry onto such lands; and

13 (2) the Secretary of the military department

14 concerned shall report to the Secretary of the Inte15 rior and to Congress concerning the status of such

16 lands and all actions taken in furtherance of this

17 subsection.

18 (g) REVOCATION OF AUTHORITY.—(1) Notwith19 standing any other provision of law, the Secretary of the

20 Interior may, upon deciding that it is in the public interest

21 to accept jurisdiction over lands proposed for relinquish22 ment pursuant to subsection (a), revoke the withdrawal

23 established by this title as it applies to such lands.
497

•S 1059 PCS

1 (2) Should the decision be made to revoke the with2 drawal, the Secretary of the Interior shall publish in the

3 Federal Register an appropriate order which shall—

4 (A) terminate the withdrawal;

5 (B) constitute official acceptance of full juris6 diction over the lands by the Secretary of the Inte7 rior; and

8 (C) state the date upon which the lands will be

9 opened to the operation of some or all of the public

10 lands laws, including the mining laws.

11 (h) TREATMENT OF CERTAIN RELINQUISHED

12 LANDS.—Any lands withdrawn by section 2902(c) or

13 2902(d) that are relinquished under this section shall be

14 public lands under the jurisdiction of the Bureau of Land

15 Management and shall be considered vacant, unreserved,

16 and unappropriated for purposes of the public land laws.

17 SEC. 2910. DELEGABILITY.

18 (a) DEFENSE.—The functions of the Secretary of De19 fense or of the Secretary of a military department under

20 this title may be delegated.

21 (b) INTERIOR.—The functions of the Secretary of the

22 Interior under this title may be delegated, except that an

23 order described in section 2909(g) may be approved and

24 signed only by the Secretary of the Interior, the Under
498

•S 1059 PCS

1 Secretary of the Interior, or an Assistant Secretary of the

2 Interior.

3 SEC. 2911. WATER RIGHTS.

4 Nothing in this title shall be construed to establish

5 a reservation to the United States with respect to any

6 water or water right on the lands described in section

7 2902. No provision of this title shall be construed as au8 thorizing the appropriation of water on lands described in

9 section 2902 by the United States after the date of the

10 enactment of this Act except in accordance with the law

11 of the relevant State in which lands described in section

12 2902 are located. This section shall not be construed to

13 affect water rights acquired by the United States before

14 the date of the enactment of this Act.

15 SEC. 2912. HUNTING, FISHING, AND TRAPPING.

16 All hunting, fishing, and trapping on the lands with17 drawn by this title shall be conducted in accordance with

18 the provisions of section 2671 of title 10, United States

19 Code, except that hunting, fishing, and trapping within

20 the Cabeza Prieta National Wildlife Refuge shall be con21 ducted in accordance with the National Wildlife Refuge

22 System Administration Act of 1966 (16 U.S.C. 668dd et

23 seq.), the Recreation Use of Wildlife Areas Act of 1962

24 (16 U.S.C. 460k et seq.), and other laws applicable to the

25 National Wildlife Refuge System.
499

•S 1059 PCS

1 SEC. 2913. MINING AND MINERAL LEASING.

2 (a) DETERMINATION OF LANDS SUITABLE FOR

3 OPENING.—(1) As soon as practicable after the date of

4 the enactment of this Act and at least every five years

5 thereafter, the Secretary of the Interior shall determine,

6 with the concurrence of the Secretary of the military de7 partment concerned, which public and acquired lands (ex8 cept as provided in this subsection) described in sub9 sections (b), (c), and (d) of section 2902 the Secretary

10 of the Interior considers suitable for opening to the oper11 ation of the Mining Law of 1872, the Mineral Lands Leas12 ing Act of 1920, the Mineral Leasing Act for Acquired

13 Lands of 1947, the Geothermal Steam Act of 1970, or

14 any one or more of such Acts.

15 (2) The Secretary of the Interior shall publish a no16 tice in the Federal Register listing the lands determined

17 suitable for opening pursuant to this section and speci18 fying the opening date, except that lands contained within

19 the Cabeza Prieta National Wildlife Refuge in Arizona

20 shall not be determined to be suitable for opening pursu21 ant to this section.

22 (b) OPENING LANDS.—On the day specified by the

23 Secretary of the Interior in a notice published in the Fed24 eral Register pursuant to subsection (a), the land identi25 fied under subsection (a) as suitable for opening to the

26 operation of one or more of the laws specified in sub-
500

•S 1059 PCS

1 section (a) shall automatically be open to the operation

2 of such laws without the necessity for further action by

3 the Secretary or Congress.

4 (c) EXCEPTION FOR COMMON VARIETIES.—No de5 posit of minerals or materials of the types identified by

6 section 3 of the Act of July 23, 1955 (69 Stat. 367),

7 whether or not included in the term ‘‘common varieties’’

8 in that Act, shall be subject to location under the Mining

9 Law of 1872 on lands described in section 2902.

10 (d) REGULATIONS.—(1) The Secretary of the Inte11 rior, with the advice and concurrence of the Secretary of

12 the military department concerned, shall prescribe such

13 regulations to implement this section as may be necessary

14 to assure safe, uninterrupted, and unimpeded use of the

15 lands described in section 2902 for military purposes.

16 (2) Such regulations shall contain guidelines to assist

17 mining claimants in determining how much, if any, of the

18 surface of any lands opened pursuant to this section may

19 be used for purposes incident to mining.

20 (e) CLOSURE OF MINING LANDS.—In the event of

21 a national emergency or for purposes of national defense

22 or security, the Secretary of the Interior, at the request

23 of the Secretary of the military department concerned,

24 shall close any lands that have been opened to mining or

25 to mineral or geothermal leasing pursuant to this section.
501

•S 1059 PCS

1 (f) LAWS GOVERNING MINING ON WITHDRAWN

2 LANDS.—(1) Except as otherwise provided in this title,

3 mining claims located pursuant to this title shall be sub4 ject to the provisions of the mining laws. In the event of

5 a conflict between those laws and this title, this title shall

6 prevail.

7 (2) All mining claims located under the terms of this

8 title shall be subject to the provisions of the Federal Land

9 Policy and Management Act of 1976 (43 U.S.C. 1701 et

10 seq.).

11 (g) PATENTS.—(1) Patents issued pursuant to this

12 title for locatable minerals shall convey title to locatable

13 minerals only, together with the right to use so much of

14 the surface as may be necessary for purposes incident to

15 mining under the guidelines for such use established by

16 the Secretary of the Interior by regulation.

17 (2) All such patents shall contain a reservation to the

18 United States of the surface of all lands patented and of

19 all nonlocatable minerals on those lands.

20 (3) For the purposes of this subsection, all minerals

21 subject to location under the Mining Law of 1872 shall

22 be treated as locatable minerals.

23 SEC. 2914. IMMUNITY OF UNITED STATES.

24 The United States and all departments or agencies

25 thereof shall be held harmless and shall not be liable for
502

•S 1059 PCS

1 any injuries or damages to persons or property suffered

2 in the course of any mining or mineral or geothermal leas3 ing activity conducted on lands described in section 2902.

4 DIVISION C—DEPARTMENT OF

5 ENERGY NATIONAL SECURITY

6 AUTHORIZATIONS AND

7 OTHER AUTHORIZATIONS

8 TITLE XXXI—DEPARTMENT OF

9 ENERGY NATIONAL SECURITY

10 PROGRAMS

11 Subtitle A—National Security

12 Programs Authorizations

13 SEC. 3101. WEAPONS ACTIVITIES.

14 Funds are hereby authorized to be appropriated to

15 the Department of Energy for fiscal year 2000 for weap16 ons activities in carrying out programs necessary for na17 tional security in the amount of $4,530,000,000, to be al18 located as follows:

19 (1) STOCKPILE STEWARDSHIP.—Funds are

20 hereby authorized to be appropriated to the Depart21 ment of Energy for fiscal year 2000 for stockpile

22 stewardship in carrying out weapons activities nec23 essary for national security programs in the amount

24 of $2,248,700,000, to be allocated as follows:
503

•S 1059 PCS

1 (A) For core stockpile stewardship,

2 $1,748,500,000, to be allocated as follows:

3 (i) For operation and maintenance,

4 $1,615,355,000.

5 (ii) For plant projects (including

6 maintenance, restoration, planning, con7 struction, acquisition, modification of fa8 cilities, and the continuation of projects

9 authorized in prior years, and land acquisi10 tion related thereto), $133,145,000, to be

11 allocated as follows:

12 Project 00–D–103, terascale sim13 ulation facility, Lawrence Livermore

14 National Laboratory, Livermore, Cali15 fornia, $8,000,000.

16 Project 00–D–105, strategic

17 computing complex, Los Alamos Na18 tional Laboratory, Los Alamos, New

19 Mexico, $26,000,000.

20 Project 00–D–107, joint com21 putational engineering laboratory,

22 Sandia National Laboratories, Albu23 querque, New Mexico, $1,800,000.

24 Project 99–D–102, rehabilitation

25 of maintenance facility, Lawrence
504

•S 1059 PCS

1 Livermore National Laboratory,

2 Livermore, California, $3,900,000.

3 Project 99–D–103, isotope

4 sciences facilities, Lawrence Liver5 more National Laboratory, Livermore,

6 California, $2,000,000.

7 Project 99–D–104, protection of

8 real property (roof reconstruction,

9 Phase II), Lawrence Livermore Na10 tional Laboratory, Livermore, Cali11 fornia, $2,400,000.

12 Project 99–D–105, central health

13 physics calibration facility, Los Ala14 mos National Laboratory, Los Ala15 mos, New Mexico, $1,000,000.

16 Project 99–D–106, model valida17 tion and system certification test cen18 ter, Sandia National Laboratories, Al19 buquerque, New Mexico, $6,500,000.

20 Project 99–D–108, renovate ex21 isting roadways, Nevada Test Site,

22 Nevada, $7,005,000.

23 Project 97–D–102, dual-axis ra24 diographic hydrotest facility, Los Ala-
505

•S 1059 PCS

1 mos National Laboratory, Los Ala2 mos, New Mexico, $61,000,000.

3 Project 96–D–102, stockpile

4 stewardship facilities revitalization,

5 Phase VI, various locations,

6 $2,640,000.

7 Project 96–D–104, processing

8 and environmental technology labora9 tory, Sandia National Laboratories,

10 Albuquerque, New Mexico,

11 $10,900,000.

12 (B) For inertial fusion, $465,700,000, to

13 be allocated as follows:

14 (i) For operation and maintenance,

15 $217,600,000.

16 (ii) For the following plant project

17 (including maintenance, restoration, plan18 ning, construction, acquisition, and modi19 fication of facilities, and land acquisition

20 related thereto), $248,100,000, to be allo21 cated as follows:

22 Project 96–D–111, national igni23 tion facility, Lawrence Livermore Na24 tional Laboratory, Livermore, Cali25 fornia, $248,100,000.
506

•S 1059 PCS

1 (C) For technology partnership and edu2 cation, $34,500,000, to be allocated as follows:

3 (i) For technology partnership,

4 $15,200,000.

5 (ii) For education, $19,300,000.

6 (2) STOCKPILE MANAGEMENT.—Funds are

7 hereby authorized to be appropriated to the Depart8 ment of Energy for fiscal year 2000 for stockpile

9 management in carrying out weapons activities nec10 essary for national security programs in the amount

11 of $2,039,300,000, to be allocated as follows:

12 (A) For operation and maintenance,

13 $1,880,621,000.

14 (B) For plant projects (including mainte15 nance, restoration, planning, construction, ac16 quisition, modification of facilities, and the con17 tinuation of projects authorized in prior years,

18 and land acquisition related thereto),

19 $158,679,000, to be allocated as follows:

20 Project 99–D–122, rapid reactivation,

21 various locations, $11,700,000.

22 Project 99–D–127, stockpile manage23 ment restructuring initiative, Kansas City

24 Plant, Kansas City, Missouri,

25 $17,000,000.
507

•S 1059 PCS

1 Project 99–D–128, stockpile manage2 ment restructuring initiative, Pantex Plant

3 consolidation, Amarillo, Texas, $3,429,000.

4 Project 99–D–132, stockpile manage5 ment restructuring initiative, nuclear mate6 rial safeguards and security upgrades

7 project, Los Alamos National Laboratory,

8 Los Alamos, New Mexico, $11,300,000.

9 Project 98–D–123, stockpile manage10 ment restructuring initiative, tritium facil11 ity modernization and consolidation, Sa12 vannah River Site, Aiken, South Carolina,

13 $21,800,000.

14 Project 98–D–124, stockpile manage15 ment restructuring initiative, Y–12 Plant

16 consolidation, Oak Ridge, Tennessee,

17 $3,150,000.

18 Project 98–D–125, tritium extraction

19 facility, Savannah River Site, Aiken, South

20 Carolina, $33,000,000.

21 Project 98–D–126, accelerator pro22 duction of tritium, various locations,

23 $31,000,000.
508

•S 1059 PCS

1 Project 97–D–123, structural up2 grades, Kansas City Plant, Kansas City,

3 Missouri, $4,800,000.

4 Project 95–D–102, chemistry and

5 metallurgy research building upgrades, Los

6 Alamos National Laboratory, Los Alamos,

7 New Mexico, $18,000,000.

8 Project 88–D–123, security enhance9 ments, Pantex Plant, Amarillo, Texas,

10 $3,500,000.

11 (3) PROGRAM DIRECTION.—Funds are hereby

12 authorized to be appropriated to the Department of

13 Energy for fiscal year 2000 for program direction in

14 carrying out weapons activities necessary for na15 tional security programs in the amount of

16 $242,000,000.

17 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

18 WASTE MANAGEMENT.

19 Funds are hereby authorized to be appropriated to

20 the Department of Energy for fiscal year 2000 for envi21 ronmental restoration and waste management in carrying

22 out programs necessary for national security in the

23 amount of $5,532,868,000, to be allocated as follows:

24 (1) CLOSURE PROJECTS.—For closure projects

25 carried out in accordance with section 3143 of the
509

•S 1059 PCS

1 National Defense Authorization Act for Fiscal Year

2 1997 (Public Law 104–201; 110 Stat. 2836; 42

3 U.S.C. 7274n) in the amount of $1,069,492,000.

4 (2) SITE PROJECT AND COMPLETION.—For site

5 project and completion in carrying out environ6 mental restoration and waste management activities

7 necessary for national security programs in the

8 amount of $980,919,000, to be allocated as follows:

9 (A) For operation and maintenance,

10 $892,629,000.

11 (B) For plant projects (including mainte12 nance, restoration, planning, construction, ac13 quisition, modification of facilities, and the con14 tinuation of projects authorized in prior years,

15 and land acquisition related thereto),

16 $88,290,000, to be allocated as follows:

17 Project 99–D–402, tank farm support

18 services, F&H areas, Savannah River Site,

19 Aiken, South Carolina, $3,100,000.

20 Project 99–D–404, health physics in21 strumentation laboratory, Idaho National

22 Engineering and Environmental Labora23 tory, Idaho, $7,200,000.

24 Project 98–D–401, H-tank farm

25 storm water systems upgrade, Savannah
510

•S 1059 PCS

1 River Site, Aiken, South Carolina,

2 $2,977,000.

3 Project 98–D–453, plutonium sta4 bilization and handling system for pluto5 nium finishing plant, Richland, Wash6 ington, $16,860,000.

7 Project 98–D–700, road rehabilita8 tion, Idaho National Engineering and En9 vironmental Laboratory, Idaho,

10 $2,590,000.

11 Project 97–D–450, Actinide pack12 aging and storage facility, Savannah River

13 Site, Aiken, South Carolina, $4,000,000.

14 Project 97–D–470, regulatory moni15 toring and bioassay laboratory, Savannah

16 River Site, Aiken, South Carolina,

17 $12,220,000.

18 Project 96–D–406, spent nuclear fuels

19 canister storage and stabilization facility,

20 Richland, Washington, $24,441,000.

21 Project 96–D–464, electrical and util22 ity systems upgrade, Idaho National Engi23 neering and Environmental Laboratory,

24 Idaho, $11,971,000.
511

•S 1059 PCS

1 Project 96–D–471, chlorofluorocarbon

2 heating, ventilation, and air conditioning

3 and chiller retrofit, Savannah River Site,

4 Aiken, South Carolina, $931,000.

5 Project 86–D–103, decontamination

6 and waste treatment facility, Lawrence

7 Livermore National Laboratory, Liver8 more, California, $2,000,0000.

9 (3) POST-2006 COMPLETION.—For post-2006

10 project completion in carrying out environmental

11 restoration and waste management activities nec12 essary for national security programs in the amount

13 of $2,902,548,000, to be allocated as follows:

14 (A) For operation and maintenance,

15 $2,847,997,000.

16 (B) For plant projects (including mainte17 nance, restoration, planning, construction, ac18 quisition, modification of facilities, and the con19 tinuation of projects authorized in prior years,

20 and land acquisition related thereto),

21 $54,551,000, to be allocated as follows:

22 Project 00–D–401, spent nuclear fuel

23 treatment and storage facility, title I and

24 II, Savannah River Site, Aiken, South

25 Carolina, $7,000,000.
512

•S 1059 PCS

1 Project 99–D–403, privatization

2 phase I infrastructure support, Richland,

3 Washington, $13,988,000.

4 Project 97–D–402, tank farm restora5 tion and safe operations, Richland, Wash6 ington, $20,516,000.

7 Project 94–D–407, initial tank re8 trieval systems, Richland, Washington,

9 $4,060,000.

10 Project 93–D–187, high-level waste

11 removal from filled waste tanks, Savannah

12 River Site, Aiken, South Carolina,

13 $8,987,000.

14 (4) SCIENCE AND TECHNOLOGY.—For science

15 and technology in carrying out environmental res16 toration and waste management activities necessary

17 for national security programs in the amount of

18 $235,500,000.

19 (5) PROGRAM DIRECTION.—For program direc20 tion in carrying out environmental restoration and

21 waste management activities necessary for national

22 security programs in the amount of $344,409,000.

23 SEC. 3103. OTHER DEFENSE ACTIVITIES.

24 (a) IN GENERAL.—Funds are hereby authorized to

25 be appropriated to the Department of Energy for fiscal
513

•S 1059 PCS

1 year 2000 for other defense activities in carrying out pro2 grams necessary for national security in the amount of

3 $1,821,000,000, to be allocated as follows:

4 (1) NONPROLIFERATION AND NATIONAL SECU5 RITY.—For nonproliferation and national security,

6 $744,300,000, to be allocated as follows:

7 (A) For verification and control tech8 nology, $497,000,000, to be allocated as fol9 lows:

10 (i) For nonproliferation and

11 verification research and development,

12 $215,000,000.

13 (ii) For arms control, $276,000,000.

14 (iii) For plant projects (including

15 maintenance, restoration, planning, con16 struction, acquisition, modification of fa17 cilities, and the continuation of projects

18 authorized in prior years, and land acquisi19 tion related thereto), $6,000,000, to be al20 located as follows:

21 Project 00–D–192, Nonprolifera22 tion and International Security Cen23 ters (NISC), Los Alamos National

24 Laboratory, New Mexico, $6,000,000.
514

•S 1059 PCS

1 (B) For nuclear safeguards and security,

2 $59,100,000.

3 (C) For security investigations,

4 $47,000,000.

5 (D) For emergency management,

6 $21,000,000.

7 (E) For program direction, $90,450,000.

8 (F) For HEV Transparency implementa9 tion, $15,750,000.

10 (G) For international nuclear safety,

11 $34,000,000.

12 (2) INTELLIGENCE.—For intelligence,

13 $36,059,000.

14 (3) COUNTERINTELLIGENCE.—For counter15 intelligence, $66,200,000.

16 (4) WORKER AND COMMUNITY TRANSITION AS17 SISTANCE.—For worker and community transition

18 assistance, $30,000,000, to be allocated as follows:

19 (A) For worker and community transition,

20 $26,500,000.

21 (B) For program direction, $3,500,000.

22 (5) FISSILE MATERIALS CONTROL AND DISPOSI23 TION.—For fissile materials control and disposition,

24 $200,000,000, to be allocated as follows:
515

•S 1059 PCS

1 (A) For operation and maintenance,

2 $129,766,000.

3 (B) For program direction, $7,343,000.

4 (C) For plant projects (including mainte5 nance, restoration, planning, construction, ac6 quisition, modification of facilities, and the con7 tinuation of projects authorized in prior years,

8 and land acquisition related thereto),

9 $62,891,000, to be allocated as follows:

10 Project 00–D–142, Immobilization

11 and associated processing facility, various

12 locations, $21,765,000.

13 Project 99–D–141, pit disassembly

14 and conversion facility, various locations,

15 $28,751,000.

16 Project 99–D–143, mixed oxide fuel

17 fabrication facility, various locations,

18 $12,375,000.

19 (6) ENVIRONMENT, SAFETY, AND HEALTH.—

20 For environment, safety, and health, defense,

21 $79,000,000, to be allocated as follows:

22 (A) For the Office of Environment, Safety,

23 and Health (Defense), $54,231,000.

24 (B) For program direction, $24,769,000.
516

•S 1059 PCS

1 (7) OFFICE OF HEARINGS AND APPEALS.—For

2 the Office of Hearings and Appeals, $3,000,000.

3 (8) NAVAL REACTORS.—For naval reactors,

4 $675,000,000, to be allocated as follows:

5 (A) For naval reactors development,

6 $654,400,000, to be allocated as follows:

7 (i) For operation and maintenance,

8 $630,400,000.

9 (ii) For plant projects (including

10 maintenance, restoration, planning, con11 struction, acquisition, modification of fa12 cilities, and the continuation of projects

13 authorized in prior years, and land acquisi14 tion related thereto), $24,000,000, to be

15 allocated as follows:

16 GPN–101, general plant projects,

17 various locations, $9,000,000.

18 Project 98–D–200, site labora19 tory/facility upgrade, various loca20 tions, $3,000,000.

21 Project 90–N–102, expended core

22 facility dry cell project, Naval Reac23 tors Facility, Idaho, $12,000,000.

24 (B) For program direction, $20,600,000.
517

•S 1059 PCS

1 (b) ADJUSTMENT.—(1) The total amount authorized

2 to be appropriated pursuant to this section is the sum of

3 the amounts authorized to be appropriated in paragraphs

4 (1) through (7) of subsection (a) reduced by $12,559,000.

5 (2) The amount authorized to be appropriated pursu6 ant to subsection (a)(1)(C) is reduced by $20,000,000 to

7 reflect an offset provided by user organizations for secu8 rity investigations.

9 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

10 (a) DEFENSE NUCLEAR WASTE DISPOSAL.—Funds

11 are hereby authorized to be appropriated to the Depart12 ment of Energy for fiscal year 2000 for payment to the

13 Nuclear Waste Fund established in section 302(c) of the

14 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c))

15 in the amount of $112,000,000.

16 (b) ADJUSTMENT.—The amount authorized to be ap17 propriated pursuant to subsection (a) is reduced by

18 $39,000,000.

19 SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRI20 VATIZATION.

21 (a) IN GENERAL.—Funds are hereby authorized to

22 be appropriated to the Department of Energy for fiscal

23 year 2000 for privatization initiatives in carrying out envi24 ronmental restoration and waste management activities
518

•S 1059 PCS

1 necessary for national security programs in the amount

2 of $241,000,000, to be allocated as follows:

3 Project 98–PVT–2, spent nuclear fuel dry stor4 age, Idaho Falls, Idaho, $5,000,000.

5 Project 98–PVT–5, waste disposal, Oak Ridge,

6 Tennessee, $20,000,000.

7 Project 97–PVT–1, tank waste remediation sys8 tem phase I, Hanford, Washington, $106,000,000.

9 Project 97–PVT–2, advanced mixed waste

10 treatment facility, Idaho Falls, Idaho, $110,000,000.

11 (b) ADJUSTMENT.—The amount authorized to be ap12 propriated in subsection (a) is the sum of the amounts

13 authorized to be appropriated for the projects set forth

14 in that subsection, reduced by $25,000,000 for use of

15 prior year balances of funds for defense environmental

16 management privatization.

17 Subtitle B—Recurring General

18 Provisions

19 SEC. 3121. REPROGRAMMING.

20 (a) IN GENERAL.—Until the Secretary of Energy

21 submits to the congressional defense committees the re22 port referred to in subsection (b) and a period of 30 days

23 has elapsed after the date on which such committees re24 ceive the report, the Secretary may not use amounts ap25 propriated pursuant to this title for any program—
519

•S 1059 PCS

1 (1) in amounts that exceed, in a fiscal year—

2 (A) 110 percent of the amount authorized

3 for that program by this title; or

4 (B) $1,000,000 more than the amount au5 thorized for that program by this title; or

6 (2) which has not been presented to, or re7 quested of, Congress.

8 (b) REPORT.—(1) The report referred to in sub9 section (a) is a report containing a full and complete state10 ment of the action proposed to be taken and the facts and

11 circumstances relied upon in support of such proposed ac12 tion.

13 (2) In the computation of the 30-day period under

14 subsection (a), there shall be excluded any day on which

15 either House of Congress is not in session because of an

16 adjournment of more than 3 days to a day certain.

17 (c) LIMITATIONS.—(1) In no event may the total

18 amount of funds obligated pursuant to this title exceed

19 the total amount authorized to be appropriated by this

20 title.

21 (2) Funds appropriated pursuant to this title may not

22 be used for an item for which Congress has specifically

23 denied funds.
520

•S 1059 PCS

1 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

2 (a) IN GENERAL.—The Secretary of Energy may

3 carry out any construction project under the general plant

4 projects authorized by this title if the total estimated cost

5 of the construction project does not exceed $5,000,000.

6 (b) REPORT TO CONGRESS.—If, at any time during

7 the construction of any general plant project authorized

8 by this title, the estimated cost of the project is revised

9 because of unforeseen cost variations and the revised cost

10 of the project exceeds $5,000,000, the Secretary shall im11 mediately furnish a complete report to the congressional

12 defense committees explaining the reasons for the cost

13 variation.

14 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

15 (a) IN GENERAL.—(1) Except as provided in para16 graph (2), construction on a construction project may not

17 be started or additional obligations incurred in connection

18 with the project above the total estimated cost, whenever

19 the current estimated cost of the construction project,

20 which is authorized by section 3101, 3102, or 3103, or

21 which is in support of national security programs of the

22 Department of Energy and was authorized by any pre23 vious Act, exceeds by more than 25 percent the higher

24 of—

25 (A) the amount authorized for the project; or
521

•S 1059 PCS

1 (B) the amount of the total estimated cost for

2 the project as shown in the most recent budget jus3 tification data submitted to Congress.

4 (2) An action described in paragraph (1) may be

5 taken if—

6 (A) the Secretary of Energy has submitted to

7 the congressional defense committees a report on the

8 actions and the circumstances making such action

9 necessary; and

10 (B) a period of 30 days has elapsed after the

11 date on which the report is received by the commit12 tees.

13 (3) In the computation of the 30-day period under

14 paragraph (2), there shall be excluded any day on which

15 either House of Congress is not in session because of an

16 adjournment of more than 3 days to a day certain.

17 (b) EXCEPTION.—Subsection (a) shall not apply to

18 any construction project which has a current estimated

19 cost of less than $5,000,000.

20 SEC. 3124. FUND TRANSFER AUTHORITY.

21 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

22 The Secretary of Energy may transfer funds authorized

23 to be appropriated to the Department of Energy pursuant

24 to this title to other Federal agencies for the performance

25 of work for which the funds were authorized. Funds so
522

•S 1059 PCS

1 transferred may be merged with and be available for the

2 same purposes and for the same period as the authoriza3 tions of the Federal agency to which the amounts are

4 transferred.

5 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

6 (1) Subject to paragraph (2), the Secretary of Energy may

7 transfer funds authorized to be appropriated to the De8 partment of Energy pursuant to this title between any

9 such authorizations. Amounts of authorizations so trans10 ferred may be merged with and be available for the same

11 purposes and for the same period as the authorization to

12 which the amounts are transferred.

13 (2) Not more than 5 percent of any such authoriza14 tion may be transferred between authorizations under

15 paragraph (1). No such authorization may be increased

16 or decreased by more than five percent by a transfer under

17 such paragraph.

18 (c) LIMITATION.—The authority provided by this sec19 tion to transfer authorizations—

20 (1) may only be used to provide funds for items

21 relating to activities necessary for national security

22 programs that have a higher priority than the items

23 from which the funds are transferred; and
523

•S 1059 PCS

1 (2) may not be used to provide funds for an

2 item for which Congress has specifically denied

3 funds.

4 (d) NOTICE TO CONGRESS.—The Secretary of En5 ergy shall promptly notify the Committee on Armed Serv6 ices of the Senate and the Committee on Armed Services

7 of the House of Representatives of any transfer of funds

8 to or from authorizations under this title.

9 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC10 TION DESIGN.

11 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

12 Subject to paragraph (2) and except as provided in para13 graph (3), before submitting to Congress a request for

14 funds for a construction project that is in support of a

15 national security program of the Department of Energy,

16 the Secretary of Energy shall complete a conceptual de17 sign for that project.

18 (2) If the estimated cost of completing a conceptual

19 design for a construction project exceeds $3,000,000, the

20 Secretary shall submit to Congress a request for funds for

21 the conceptual design before submitting a request for

22 funds for the construction project.

23 (3) The requirement in paragraph (1) does not apply

24 to a request for funds—
524

•S 1059 PCS

1 (A) for a construction project the total esti2 mated cost of which is less than $5,000,000; or

3 (B) for emergency planning, design, and con4 struction activities under section 3126.

5 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

6 Within the amounts authorized by this title, the Secretary

7 of Energy may carry out construction design (including

8 architectural and engineering services) in connection with

9 any proposed construction project if the total estimated

10 cost for such design does not exceed $600,000.

11 (2) If the total estimated cost for construction design

12 in connection with any construction project exceeds

13 $600,000, funds for such design must be specifically au14 thorized by law.

15 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE16 SIGN, AND CONSTRUCTION ACTIVITIES.

17 (a) AUTHORITY.—The Secretary of Energy may use

18 any funds available to the Department of Energy pursuant

19 to an authorization in this title, including those funds au20 thorized to be appropriated for advance planning and con21 struction design under sections 3101, 3102, and 3103, to

22 perform planning, design, and construction activities for

23 any Department of Energy national security program con24 struction project that, as determined by the Secretary,

25 must proceed expeditiously in order to protect public
525

•S 1059 PCS

1 health and safety, to meet the needs of national defense,

2 or to protect property.

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

4 the authority under subsection (a) in the case of any con5 struction project until the Secretary has submitted to the

6 congressional defense committees a report on the activities

7 that the Secretary intends to carry out under this section

8 and the circumstances making such activities necessary.

9 (c) SPECIFIC AUTHORITY.—The requirement of sec10 tion 3125(b)(2) does not apply to emergency planning, de11 sign, and construction activities conducted under this sec12 tion.

13 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU14 RITY PROGRAMS OF THE DEPARTMENT OF

15 ENERGY.

16 Subject to the provisions of appropriations Acts and

17 section 3121, amounts appropriated pursuant to this title

18 for management and support activities and for general

19 plant projects are available for use, when necessary, in

20 connection with all national security programs of the De21 partment of Energy.

22 SEC. 3128. AVAILABILITY OF FUNDS.

23 (a) IN GENERAL.—Except as provided in subsection

24 (b), when so specified in an appropriations Act, amounts
526

•S 1059 PCS

1 appropriated for operation and maintenance or for plant

2 projects may remain available until expended.

3 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

4 Amounts appropriated for program direction pursuant to

5 an authorization of appropriations in subtitle A shall re6 main available to be expended only until the end of fiscal

7 year 2002.

8 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL

9 MANAGEMENT FUNDS.

10 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON11 MENTAL MANAGEMENT FUNDS.—The Secretary of En12 ergy shall provide the manager of each field office of the

13 Department of Energy with the authority to transfer de14 fense environmental management funds from a program

15 or project under the jurisdiction of the office to another

16 such program or project.

17 (b) LIMITATIONS.—(1) Only one transfer may be

18 made to or from any program or project under subsection

19 (a) in a fiscal year.

20 (2) The amount transferred to or from a program

21 or project under subsection (a) may not exceed $5,000,000

22 in a fiscal year.

23 (3) A transfer may not be carried out by a manager

24 of a field office under subsection (a) unless the manager

25 determines that the transfer is necessary to address a risk
527

•S 1059 PCS

1 to health, safety, or the environment or to assure the most

2 efficient use of defense environmental management funds

3 at the field office.

4 (4) Funds transferred pursuant to subsection (a)

5 may not be used for an item for which Congress has spe6 cifically denied funds or for a new program or project that

7 has not been authorized by Congress.

8 (c) EXEMPTION FROM REPROGRAMMING REQUIRE9 MENTS.—The requirements of section 3121 shall not

10 apply to transfers of funds pursuant to subsection (a).

11 (d) NOTIFICATION.—The Secretary, acting through

12 the Assistant Secretary of Energy for Environmental

13 Management, shall notify Congress of any transfer of

14 funds pursuant to subsection (a) not later than 30 days

15 after such transfer occurs.

16 (e) DEFINITIONS.—In this section:

17 (1) The term ‘‘program or project’’ means, with

18 respect to a field office of the Department of En19 ergy, any of the following:

20 (A) A program referred to or a project list21 ed in paragraph (2) or (3) of section 3102.

22 (B) A program or project not described in

23 subparagraph (A) that is for environmental res24 toration or waste management activities nec25 essary for national security programs of the De-
528

•S 1059 PCS

1 partment, that is being carried out by the of2 fice, and for which defense environmental man3 agement funds have been authorized and appro4 priated before the date of the enactment of this

5 Act.

6 (2) The term ‘‘defense environmental manage7 ment funds’’ means funds appropriated to the De8 partment of Energy pursuant to an authorization for

9 carrying out environmental restoration and waste

10 management activities necessary for national secu11 rity programs.

12 (f) DURATION OF AUTHORITY.—The managers of the

13 field offices of the Department may exercise the authority

14 provided under subsection (a) during the period beginning

15 on October 1, 1999, and ending on September 30, 2000.

16 Subtitle C—Program Authoriza17 tions, Restrictions, and Limita18 tions

19 SEC. 3131. PROHIBITION ON USE OF FUNDS FOR CERTAIN

20 ACTIVITIES UNDER FORMERLY UTILIZED

21 SITE REMEDIAL ACTION PROGRAM.

22 Notwithstanding any other provision of law, no funds

23 authorized to be appropriated or otherwise made available

24 by this Act, or by any Act authorizing appropriations for

25 the military activities of the Department of Defense or the
529

•S 1059 PCS

1 defense activities of the Department of Energy for a fiscal

2 year after fiscal year 2000, may be obligated or expended

3 to conduct treatment, storage, or disposal activities at any

4 site designated as a site under the Formerly Utilized Site

5 Remedial Action Program as of the date of the enactment

6 of this Act.

7 SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT,

8 AND DISPOSITION OF LEGACY NUCLEAR MA9 TERIALS.

10 The Secretary of Energy shall continue operations

11 and maintain a high state of readiness at the F-canyon

12 and H-canyon facilities at the Savannah River Site, Aiken,

13 South Carolina, and shall provide the technical staff nec14 essary to operate and so maintain such facilities.

15 SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN16 SION PROGRAM.

17 (a) PROGRAM REQUIRED.—The Secretary of Energy

18 shall, in consultation with the Secretary of Defense, carry

19 out a program to provide for the extension of the effective

20 life of the weapons in the nuclear weapons stockpile.

21 (b) ADMINISTRATIVE RESPONSIBILITY FOR PRO22 GRAM.—The program under subsection (a) shall be a pro23 gram within the Office of Defense Programs of the De24 partment of Energy.
530

•S 1059 PCS

1 (c) PROGRAM PLAN.—As part of the program under

2 subsection (a), the Secretary shall develop a long-term

3 plan for the extension of the life of the weapons in the

4 nuclear weapons stockpile. The plan shall provide the fol5 lowing:

6 (1) Mechanisms to provide for the remanufac7 ture of each weapon design designated by the Sec8 retary for inclusion in the enduring nuclear weapons

9 stockpile as of the date of the enactment of this Act.

10 (2) Mechanisms to expedite the collection of

11 data necessary for carrying out the program, includ12 ing data relating to the aging of materials and com13 ponents, new manufacturing techniques, and the re14 placement or substitution of materials.

15 (3) Mechanisms to ensure the appropriate as16 signment of roles and missions for each Department

17 nuclear weapons laboratory and production plant, in18 cluding mechanisms for allocation of workload,

19 mechanisms to ensure the carrying out of appro20 priate modernization activities, and mechanisms to

21 ensure the retention of skilled personnel.

22 (4) Mechanisms for allocating funds for activi23 ties under the program, including allocations of

24 funds by weapon type and facility.
531

•S 1059 PCS

1 (d) ANNUAL SUBMITTAL OF PLAN.—(1) The Sec2 retary shall submit to the Committees on Armed Services

3 of the Senate and the House of Representatives the plan

4 developed under subsection (c) not later than January 1,

5 2000. The plan shall contain the maximum level of detail

6 practicable.

7 (2) The Secretary shall submit to the committees re8 ferred to in paragraph (1) each year after 2000, at the

9 same time as the submission of the budget for the fiscal

10 year beginning in such year under section 1105 of title

11 31, United States Code, an update of the plan submitted

12 under paragraph (1). Each update shall contain the same

13 level of detail as the plan submitted under paragraph (1).

14 (e) SENSE OF CONGRESS REGARDING FUNDING OF

15 PROGRAM.—It is the sense of Congress that the President

16 should include in each budget for a fiscal year submitted

17 to Congress under section 1105 of title 31, United States

18 Code, sufficient funds to carry out in the fiscal year cov19 ered by such budget the activities under the program

20 under subsection (a) that are specified in the most current

21 version of the plan for the program under this section.

22 SEC. 3134. TRITIUM PRODUCTION.

23 (a) PRODUCTION OF NEW TRITIUM.—The Secretary

24 of Energy shall produce new tritium to meet the require25 ments of the Nuclear Weapons Stockpile Memorandum at
532

•S 1059 PCS

1 the Tennessee Valley Authority Watts Bar or Sequoyah

2 nuclear power plants consistent with the Secretary’s De3 cember 22, 1998, decision document designating the Sec4 retary’s preferred tritium production technology.

5 (b) SUPPORT.—To support the method of tritium

6 production set forth in subsection (a), the Secretary shall

7 design and construct a new tritium extraction facility in

8 the H–Area of the Savannah River Site, Aiken, South

9 Carolina.

10 (c) DESIGN AND ENGINEERING DEVELOPMENT.—

11 The Secretary shall—

12 (1) complete preliminary design and engineer13 ing development of the Accelerator Production of

14 Tritium technology design as a backup source of

15 tritium to the source set forth in subsection (a) and

16 consistent with the Secretary’s December 22, 1998,

17 decision document; and

18 (2) make available those funds necessary to

19 complete engineering development and demonstra20 tion, preliminary design, and detailed design of key

21 elements of the system consistent with the Sec22 retary’s decision document of December 22, 1998.
533

•S 1059 PCS

1 SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCEL2 ERATOR PRODUCTION OF TRITIUM.

3 (a) INDEPENDENT COST ESTIMATE.—(1) The Sec4 retary of Energy shall secure an independent cost estimate

5 of the Accelerator Production of Tritium.

6 (2) The estimate shall be conducted at the highest

7 possible level, but in no event at a level below that cur8 rently defined by the Secretary as Type III, ‘‘Sampling

9 Technique’’.

10 (b) REPORT.—Not later than April 1, 2000, the Sec11 retary shall submit to the congressional defense commit12 tees a report on the independent cost estimate conducted

13 under subsection (a).

14 SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVI15 TIES.

16 (a) INITIATIVE FOR PROLIFERATION PREVENTION

17 PROGRAM.—(1) Not more than 40 percent of the funds

18 available in any fiscal year after fiscal year 1999 for the

19 Initiative for Proliferation Prevention program (IPP) may

20 be obligated or expended by the Department of Energy

21 national laboratories to carry out or provide oversight of

22 any activities under that program.

23 (2)(A) None of the funds available in any fiscal year

24 after fiscal year 1999 for the Initiative for Proliferation

25 Prevention program may be used to increase or otherwise
534

•S 1059 PCS

1 supplement the pay or benefits of a scientist or engineer

2 if the scientist or engineer—

3 (i) is currently engaged in activities directly re4 lated to the design, development, production, or test5 ing of chemical or biological weapons or a missile

6 system to deliver such weapons; or

7 (ii) was not formerly engaged in activities di8 rectly related to the design, development, production,

9 or testing of weapons of mass destruction or a mis10 sile system to deliver such weapons.

11 (B) None of the funds available in any fiscal year

12 after fiscal year 1999 for the Initiative for Proliferation

13 Prevention program may be made available to an institute

14 if the institute—

15 (i) is currently involved in activities described in

16 subparagraph (A)(i); or

17 (ii) was not formerly involved in activities de18 scribed in subparagraph (A)(ii).

19 (3)(A) No funds available for the Initiative for Pro20 liferation Prevention program may be provided to an insti21 tute or scientist under the program if the Secretary of En22 ergy determines that the institute or scientist has made

23 a scientific or business contact in any way associated with

24 or related to weapons of mass destruction with a rep25 resentative of a country of proliferation concern.
535

•S 1059 PCS

1 (B) For purposes of this paragraph, the term ‘‘coun2 try of proliferation concern’’ means any country so des3 ignated by the Director of Central Intelligence for pur4 poses of the Initiative for Proliferation Prevention pro5 gram.

6 (4)(A) The Secretary of Energy shall prescribe proce7 dures for the review of projects under the Initiative for

8 Proliferation Prevention program. The purpose of the re9 view shall be to ensure the following:

10 (i) That the military applications of such

11 projects, and any information relating to such appli12 cations, is not inadvertently transferred or utilized

13 for military purposes.

14 (ii) That activities under the projects are not

15 redirected toward work relating to weapons of mass

16 destruction.

17 (iii) That the national security interests of the

18 United States are otherwise fully considered before

19 the commencement of the projects.

20 (B) Not later than 30 days after the date on which

21 the Secretary prescribes the procedures required by sub22 paragraph (A), the Secretary shall submit to Congress a

23 report on the procedures. The report shall set forth a

24 schedule for the implementation of the procedures.
536

•S 1059 PCS

1 (5)(A) The Secretary shall evaluate the projects car2 ried out under the Initiative for Proliferation Prevention

3 program for commercial purposes to determine whether or

4 not such projects are likely to achieve their intended com5 mercial objectives.

6 (B) If the Secretary determines as a result of the

7 evaluation that a project is not likely to achieve its in8 tended commercial objective, the Secretary shall terminate

9 the project.

10 (6) It is the sense of Congress that the President

11 should enter into negotiations with the Russian Govern12 ment for purposes of concluding an agreement between the

13 United States Government and the Russian Government

14 to provide for the permanent exemption from taxation by

15 the Russian Government of the nonproliferation activities

16 of the Department of Energy under the Initiative for Pro17 liferation Prevention program.

18 (b) NUCLEAR CITIES INITIATIVE.—(1) No amounts

19 authorized to be appropriated by this title for the Nuclear

20 Cities Initiative may be obligated or expended for purposes

21 of the initiative until the Secretary of Energy certifies to

22 Congress that Russia has agreed to close some of its facili23 ties engaged in work on weapons of mass destruction.

24 (2) Notwithstanding a certification under paragraph

25 (1), amounts authorized to be appropriated by this title
537

•S 1059 PCS

1 for the Nuclear Cities Initiative may not be obligated or

2 expended for purposes of providing assistance under the

3 initiative to more than three nuclear cities, and more than

4 two serial production facilities, in Russia in fiscal year

5 2000.

6 (3)(A) The Secretary shall conduct a study of the po7 tential economic effects of each commercial program pro8 posed under the Nuclear Cities Initiative before providing

9 assistance for the conduct of the program. The study shall

10 include an assessment regarding whether or not the mech11 anisms for job creation under the program are likely to

12 lead to the creation of the jobs intended to be created by

13 the program.

14 (B) If the Secretary determines as a result of the

15 study that the intended commercial benefits of a program

16 are not likely to be achieved, the Secretary may not pro17 vide assistance for the conduct of the program.

18 (4) Not later than January 1, 2000, the Secretary

19 shall submit to Congress a report describing the participa20 tion in or contribution to the Nuclear Cities Initiative of

21 each department and agency of the United States Govern22 ment that participates in or contributes to the initiative.

23 The report shall describe separately any interagency par24 ticipation in or contribution to the initiative.
538

•S 1059 PCS

1 (c) REPORT.—(1) Not later than January 1, 2000,

2 the Secretary of Energy shall submit to the Committees

3 on Armed Services of the Senate and House of Represent4 atives a report on the Initiative for Proliferation Preven5 tion program (IPP) and the Nuclear Cities Initiative.

6 (2) The report shall include the following:

7 (A) A strategic plan for the Initiative for Pro8 liferation Prevention program and for the Nuclear

9 Cities Initiative, which shall establish objectives for

10 the program or initiative, as the case may be, and

11 means for measuring the achievement of such objec12 tives.

13 (B) A list of the most successful projects under

14 the Initiative for Proliferation Prevention program,

15 including for each such project the name of the in16 stitute and scientists who are participating or have

17 participated in the project, the number of jobs cre18 ated through the project, and the manner in which

19 the project has met the nonproliferation objectives of

20 the United States.

21 (C) A list of the institutes and scientists associ22 ated with weapons of mass destruction programs or

23 other defense-related programs in the states of the

24 former Soviet Union that the Department seeks to

25 engage in commercial work under the Initiative for
539

•S 1059 PCS

1 Proliferation Prevention program or the Nuclear

2 Cities Initiative, including—

3 (i) a description of the work performed by

4 such institutes and scientists under such weap5 ons of mass destruction programs or other de6 fense-related programs; and

7 (ii) a description of any work proposed to

8 be performed by such institutes and scientists

9 under the Initiative for Proliferation Prevention

10 program or the Nuclear Cities Initiative.

11 (d) NUCLEAR CITIES INITIATIVE DEFINED.—For

12 purposes of this section, the term ‘‘Nuclear Cities Initia13 tive’’ means the initiative arising pursuant to the March

14 1998 discussions between the Vice President of the United

15 States and the Prime Minister of the Russian Federation

16 and between the Secretary of Energy of the United States

17 and the Minister of Atomic Energy of the Russian Federa18 tion.

19 Subtitle D—Safeguards, Security,

20 and Counterintelligence at De21 partment of Energy Facilities

22 SEC. 3151. SHORT TITLE.

23 This subtitle may be cited as the ‘‘Department of En24 ergy Facilities Safeguards, Security, and Counterintel25 ligence Enhancement Act of 1999’’.
540

•S 1059 PCS

1 SEC. 3152. COMMISSION ON SAFEGUARDS, SECURITY, AND

2 COUNTERINTELLIGENCE AT DEPARTMENT

3 OF ENERGY FACILITIES.

4 (a) ESTABLISHMENT.—There is hereby established a

5 commission to be known as the ‘‘Commission on Safe6 guards, Security, and Counterintelligence at Department

7 of Energy Facilities’’ (in this section referred to as the

8 ‘‘Commission’’).

9 (b) ORGANIZATIONAL MATTERS.—(1) The Commis10 sion shall be composed of nine members appointed from

11 among individuals in the public and private sectors who

12 have significant experience in matters related to the secu13 rity of nuclear weapons and materials, the classification

14 of information, or counterintelligence matters, as follows:

15 (A) Two shall be appointed by the Chairman of

16 the Committee on Armed Services of the Senate, in

17 consultation with the ranking member of that Com18 mittee.

19 (B) One shall be appointed by the ranking

20 member of the Committee on Armed Services of the

21 Senate, in consultation with the Chairman of that

22 Committee.

23 (C) Two shall be appointed by the Chairman of

24 the Committee on Armed Services of the House of

25 Representatives, in consultation with the ranking

26 member of that Committee.
541

•S 1059 PCS

1 (D) One shall be appointed by the ranking

2 member of the Committee on Armed Services of the

3 House of Representatives, in consultation with the

4 Chairman of that Committee.

5 (E) One shall be appointed by the Secretary of

6 Defense.

7 (F) One shall be appointed by the Director of

8 the Federal Bureau of Investigation.

9 (G) One shall be appointed by the Director of

10 Central Intelligence.

11 (2) Members of the Commission shall be appointed

12 for four year terms, except as follows:

13 (A) One member initially appointed under para14 graph (1)(A) shall serve a term of two years.

15 (B) One member initially appointed under para16 graph (1)(C) shall serve a term of two years.

17 (C) The member initially appointed under para18 graph (1)(E) shall serve a term of two years.

19 (3) Any vacancy in the Commission shall be filled in

20 the same manner as the original appointment and shall

21 not affect the powers of the Commission.

22 (4) The Chairman of the Committee on Armed Serv23 ices of the Senate, in consultation with the Chairman of

24 the Committee on Armed Services of the House of Rep25 resentatives, shall designate the chairman of the Commis-
542

•S 1059 PCS

1 sion from among the members appointed under paragraph

2 (1)(A).

3 (5) The members of the Commission shall be ap4 pointed not later than 60 days after the date of the enact5 ment of this Act.

6 (6) The members of the Commission shall establish

7 procedures for the activities of the Commission, including

8 procedures for calling meetings, requirements for

9 quorums, and the manner of taking votes.

10 (7) The Commission shall meet not less often than

11 once every three months.

12 (c) DUTIES.—(1) The Commission shall, in accord13 ance with this section, review the safeguards, security, and

14 counterintelligence activities (including activities relating

15 to information management, computer security, and per16 sonnel security) at Department of Energy facilities to—

17 (A) determine the adequacy of those activities

18 to ensure the security of sensitive information, proc19 esses, and activities under the jurisdiction of the De20 partment against threats to the disclosure of such

21 information, processes, and activities; and

22 (B) make recommendations for actions the

23 Commission determines as being necessary to ensure

24 that such security is achieved and maintained.
543

•S 1059 PCS

1 (2) The activities of the Commission under paragraph

2 (1) shall include the following:

3 (A) An analysis of the sufficiency of the Design

4 Threat Basis documents as a basis for the allocation

5 of resources for safeguards, security, and counter6 intelligence activities at the Department facilities in

7 light of applicable guidance with respect to such ac8 tivities, including applicable laws, Department of

9 Energy orders, Presidential Decision Directives, and

10 Executive Orders.

11 (B) Visits to Department facilities to assess the

12 adequacy of the safeguards, security, and counter13 intelligence activities at such facilities.

14 (C) Evaluations of specific concerns set forth in

15 Department reports regarding the status of safe16 guards, security, or counterintelligence activities at

17 particular Department facilities or at facilities

18 throughout the Department.

19 (D) Reviews of relevant laws, Department or20 ders, and other requirements relating to safeguards,

21 security, and counterintelligence activities at Depart22 ment facilities.

23 (E) Any other activities relating to safeguards,

24 security, and counterintelligence activities at Depart-
544

•S 1059 PCS

1 ment facilities that the Secretary of Energy con2 siders appropriate.

3 (d) REPORT.—(1) Not later than February 15 each

4 year, the Commission shall submit to the Secretary of En5 ergy and to the congressional defense committees a report

6 on the activities of the Commission during the preceding

7 year. The report shall be submitted in unclassified form,

8 but may include a classified annex.

9 (2) Each report—

10 (A) shall describe the activities of the Commis11 sion during the year covered by the report;

12 (B) shall set forth proposals for any changes in

13 safeguards, security, or counterintelligence activities

14 at Department of Energy facilities that the Commis15 sion considers appropriate in light of such activities;

16 and

17 (C) may include any other recommendations for

18 legislation or administrative action that the Commis19 sion considers appropriate.

20 (e) PERSONNEL MATTERS.—(1)(A) Each member of

21 the Commission who is not an officer or employee of the

22 Federal Government shall be compensated at a rate equal

23 to the daily equivalent of the annual rate of basic pay pre24 scribed for level V of the Executive Schedule under section

25 5316 of title 5, United States Code, for each day (includ-
545

•S 1059 PCS

1 ing travel time) during which such member is engaged in

2 the performance of the duties of the Commission.

3 (B) All members of the Commission who are officers

4 or employees of the United States shall serve without com5 pensation in addition to that received for their services as

6 officers or employees of the United States.

7 (2) The members of the Commission shall be allowed

8 travel expenses, including per diem in lieu of subsistence,

9 at rates authorized for employees of agencies under sub10 chapter I of chapter 57 of title 5, United States Code,

11 while away from their homes or regular places of business

12 in the performance of services for the Commission.

13 (3)(A) The Commission may, without regard to the

14 civil service laws and regulations, appoint and terminate

15 such personnel as may be necessary to enable the Commis16 sion to perform its duties.

17 (B) The Commission may fix the compensation of the

18 personnel of the Commission without regard to the provi19 sions of chapter 51 and subchapter III of chapter 53 of

20 title 5, United States Code, relating to classification of

21 positions and General Schedule pay rates.

22 (4) Any officer or employee of the United States may

23 be detailed to the Commission without reimbursement,

24 and such detail shall be without interruption or loss of

25 civil service status or privilege.
546

•S 1059 PCS

1 (5) The members and employees of the Commission

2 shall hold security clearances appropriate for the matters

3 considered by the Commission in the discharge of its du4 ties under this section.

5 (f) APPLICABILITY OF FACA.—The provisions of the

6 Federal Advisory Committee Act (5 U.S.C. App.) shall not

7 apply to the activities of the Commission.

8 (g) FUNDING.—(1) From amounts authorized to be

9 appropriated by sections 3101 and 3103, the Secretary of

10 Energy shall make available to the Commission not more

11 than $1,000,000 for the activities of the Commission

12 under this section.

13 (2) Amounts made available to the Commission under

14 this subsection shall remain available until expended.

15 (h) TERMINATION OF DEPARTMENT OF ENERGY SE16 CURITY MANAGEMENT BOARD.—(1) Section 3161 of the

17 National Defense Authorization Act for Fiscal Year 1998

18 (Public Law 105–85; 111 Stat. 2048; 42 U.S.C. 7251

19 note) is repealed.

20 (2) The Secretary of Energy shall take appropriate

21 actions to conclude the affairs of the Department of En22 ergy Security Management Board as soon as practicable

23 after the date of the enactment of this Act.
547

•S 1059 PCS

1 (3) Section 3162 of the National Defense Authoriza2 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

3 Stat. 2049; 42 U.S.C. 7274 note) is amended—

4 (A) by striking ‘‘(a) IN GENERAL.—’’; and

5 (B) by striking subsection (b).

6 SEC. 3153. BACKGROUND INVESTIGATIONS OF CERTAIN

7 PERSONNEL AT DEPARTMENT OF ENERGY

8 FACILITIES.

9 (a) IN GENERAL.—The Secretary of Energy shall en10 sure that an investigation meeting the requirements of

11 section 145 of the Atomic Energy Act of 1954 (42 U.S.C.

12 2165) is made for each Department of Energy employee,

13 or contractor employee, at a Department of Energy facil14 ity who—

15 (1) carries out duties or responsibilities in or

16 around a location where Restricted Data is or may

17 be present; or

18 (2) has or may have regular access to a location

19 where Restricted Data is present.

20 (b) COMPLIANCE.—The Secretary shall have one year

21 from the date of the enactment of this Act to meet the

22 requirement in subsection (a).
548

•S 1059 PCS

1 SEC. 3154. PLAN FOR POLYGRAPH EXAMINATIONS OF CER2 TAIN PERSONNEL AT DEPARTMENT OF EN3 ERGY FACILITIES.

4 (a) PLAN.—(1) Not later than 120 days after the

5 date of the enactment of this Act, the Secretary of Energy

6 shall submit to the congressional defense committees a

7 plan for conducting, as part of the Department of Energy

8 personnel assurance programs, periodic polygraph exami9 nations of each Department of Energy employee, or con10 tractor employee, at a Department of Energy facility who

11 has or may have access to Restricted Data or Sensitive

12 Compartmented Information. The purpose of the examina13 tions is to minimize the potential for release or disclosure

14 of such data or information by such employees.

15 (2) The plan shall include recommendations for any

16 legislative action necessary to implement the plan.

17 (b) LIMITATION ON USE OF FUNDS PENDING SUB18 MITTAL OF PLAN.—Not more than 50 percent of the

19 amounts authorized to be appropriated or otherwise made

20 available for the Department of Energy for fiscal year

21 2000 for travel expenses may be obligated or expended

22 until the date of the submittal of the plan required by sub23 section (a).
549

•S 1059 PCS

1 SEC. 3155. CIVIL MONETARY PENALTIES FOR VIOLATIONS

2 OF DEPARTMENT OF ENERGY REGULATIONS

3 RELATING TO THE SAFEGUARDING AND SE4 CURITY OF RESTRICTED DATA.

5 (a) IN GENERAL.—Chapter 18 of title I of the Atomic

6 Energy Act of 1954 (42 U.S.C. 2271 et seq.) is amended

7 by inserting after section 234A the following new section:

8 ‘‘SEC. 234B. CIVIL MONETARY PENALTIES FOR VIO9 LATIONS OF DEPARTMENT OF ENERGY REGULATIONS

10 REGARDING SECURITY OF CLASSIFIED OR SENSITIVE IN11 FORMATION OR DATA.—

12 ‘‘a. Any person who has entered into a contract or

13 agreement with the Department of Energy, or a sub14 contract or subagreement thereto, and who violates (or

15 whose employee violates) any applicable rule, regulation,

16 or order prescribed or otherwise issued by the Secretary

17 pursuant to this Act relating to the safeguarding or secu18 rity of Restricted Data or other classified or sensitive in19 formation shall be subject to a civil penalty of not to ex20 ceed $100,000 for each such violation.

21 ‘‘b. The Secretary shall include in each contract with

22 a contractor of the Department provisions which provide

23 an appropriate reduction in the fees or amounts paid to

24 the contractor under the contract in the event of a viola25 tion by the contractor or contractor employee of any rule,

26 regulation, or order relating to the safeguarding or secu-
550

•S 1059 PCS

1 rity of Restricted Data or other classified or sensitive in2 formation. The provisions shall specify various degrees of

3 violations and the amount of the reduction attributable to

4 each degree of violation.

5 ‘‘c. The powers and limitations applicable to the as6 sessment of civil penalties under section 234A shall apply

7 to the assessment of civil penalties under this section.’’.

8 (b) CLARIFYING AMENDMENT.—The section heading

9 of section 234A of that Act (42 U.S.C. 2282a) is amended

10 by inserting ‘‘SAFETY’’ before ‘‘REGULATIONS’’.

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

12 for that Act is amended by inserting after the item relat13 ing to section 234 the following new items:

‘‘234A. Civil Monetary Penalties for Violations of Department of Energy Safety

Regulations.

‘‘234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information or Data.’’.

14 SEC. 3156. MORATORIUM ON LABORATORY-TO-LABORA15 TORY AND FOREIGN VISITORS AND ASSIGN16 MENTS PROGRAMS.

17 (a) CERTIFICATION.—(1) The Secretary of Energy,

18 the Director of Central Intelligence, and the Director of

19 the Federal Bureau of Investigation shall jointly submit

20 to the committees referred to in paragraph (3) a certifi21 cation that each program referred to in paragraph (2)

22 meets the following conditions:
551

•S 1059 PCS

1 (A) That the program complies with applicable

2 orders, regulations, and policies of the Department

3 of Energy relating to the safeguarding and security

4 of sensitive information and fulfills any counterintel5 ligence requirements arising under such orders, reg6 ulations, and policies.

7 (B) That the program complies with Presi8 dential Decision Directives and similar requirements

9 relating to the safeguarding and security of sensitive

10 information and fulfills any counterintelligence re11 quirements arising under such Directives or require12 ments.

13 (C) That the program includes adequate protec14 tions against the inadvertent release of Restricted

15 Data, information important to the national security

16 of the United States, and any other sensitive infor17 mation the disclosure of which might harm the inter18 ests of the United States.

19 (D) That the program does not pose an undue

20 risk to the national security interests of the United

21 States.

22 (2) A program referred to in this paragraph is any

23 program as follows:
552

•S 1059 PCS

1 (A) A cooperative program carried out between

2 the Department of Energy and the People’s Repub3 lic of China.

4 (B) A cooperative program carried out between

5 the Department of Energy and an independent state

6 of the former Soviet Union.

7 (C) A cooperative program carried out between

8 the Department of Energy and any nation des9 ignated as sensitive by the Secretary of State.

10 (3) The committees referred to in this paragraph are

11 the following:

12 (A) The Committees on Armed Services and

13 Appropriations and the Select Committee on Intel14 ligence of the Senate.

15 (B) The Committees on Armed Services and

16 Appropriations and the Permanent Select Committee

17 on Intelligence of the House of Representatives.

18 (b) LIMITATION ON USE OF FUNDS PENDING CER19 TIFICATION.—(1) Except as provided in paragraph (2), no

20 amounts authorized to be appropriated by section 3101

21 or 3103 or otherwise made available to the Department

22 of Energy for fiscal year 2000 may be obligated or ex23 pended to conduct a program referred to in subsection

24 (a)(2), or any studies or planning in anticipation of such

25 program, beginning on the date that is 45 days after the
553

•S 1059 PCS

1 date of the enactment of this Act and continuing until 30

2 days after the date on which the Director of Central Intel3 ligence submits to the committees referred to in subsection

4 (a)(3) the certification referred to in subsection (a)(1).

5 The certification shall be submitted in unclassified form,

6 but may include a classified annex.

7 (2)(A) The 30-day wait period specified in paragraph

8 (1) for the obligation and expenditure of funds for a pro9 gram referred to in subsection (a)(2) shall not apply if

10 the certification with respect to the program under sub11 section (a)(1) is submitted during the 45-day period begin12 ning on the date of the enactment of this Act.

13 (B) The limitation in paragraph (1) shall not apply—

14 (i) to the obligation or expenditure of funds au15 thorized to be appropriated by title III for activities

16 relating to cooperative threat reduction with states

17 of the former Soviet Union; or

18 (ii) to the obligation or expenditure of funds au19 thorized to be appropriated by section

20 3103(a)(1)(A)(ii) for the materials protection control

21 and accounting program of the Department.
554

•S 1059 PCS

1 SEC. 3157. INCREASED PENALTIES FOR MISUSE OF RE2 STRICTED DATA.

3 (a) COMMUNICATION OF RESTRICTED DATA.—Sec4 tion 224 of the Atomic Energy Act of 1954 (42 U.S.C.

5 2274) is amended—

6 (1) in clause a., by striking ‘‘$20,000’’ and in7 serting ‘‘$40,000’’; and

8 (2) in clause b., by striking ‘‘$10,000’’ and in9 serting ‘‘$20,000’’.

10 (b) RECEIPT OF RESTRICTED DATA.—Section 225 of

11 the Atomic Energy Act of 1954 (42 U.S.C. 2275) is

12 amended by striking ‘‘$20,000’’ and inserting ‘‘$40,000’’.

13 (c) DISCLOSURE OF RESTRICTED DATA.—Section

14 227 of the Atomic Energy Act of 1954 (42 U.S.C. 2277)

15 is amended by striking ‘‘$2,500’’ and inserting ‘‘$5,000’’.

16 SEC. 3158. ORGANIZATION OF DEPARTMENT OF ENERGY

17 COUNTERINTELLIGENCE AND INTELLIGENCE

18 PROGRAMS AND ACTIVITIES.

19 (a) OFFICE OF COUNTERINTELLIGENCE.—Title II of

20 the Department of Energy Organization Act (42 U.S.C.

21 7131 et seq.) is amended by adding at the end the fol22 lowing:

23 ‘‘OFFICE OF COUNTERINTELLIGENCE

24 ‘‘SEC. 213. (a) There is within the Department an

25 Office of Counterintelligence.
555

•S 1059 PCS

1 ‘‘(b)(1) The head of the Office shall be the Director

2 of the Office of Counterintelligence.

3 ‘‘(2) The Secretary shall, with the concurrence of the

4 Director of the Federal Bureau of Investigation, designate

5 the head of the office from among senior executive service

6 employees of the Federal Bureau of Investigation who

7 have expertise in matters relating to counterintelligence.

8 ‘‘(3) The Director of the Federal Bureau of Inves9 tigation may detail, on a reimbursable basis, any employee

10 of the Bureau to the Department for service as Director

11 of the Office. The service of an employee of the Bureau

12 as Director of the Office shall not result in any loss of

13 status, right, or privilege by the employee within the Bu14 reau.

15 ‘‘(4) The Director of the Office shall report directly

16 to the Secretary.

17 ‘‘(c)(1) The Director of the Office shall develop and

18 ensure the implementation of security and counterintel19 ligence programs and activities at Department facilities in

20 order to reduce the threat of disclosure or loss of classified

21 and other sensitive information at such facilities.

22 ‘‘(2) The Director of the Office shall be responsible

23 for the administration of the personnel assurance pro24 grams of the Department.
556

•S 1059 PCS

1 ‘‘(3) The Director shall inform the Secretary, the Di2 rector of Central Intelligence, and the Director of the Fed3 eral Bureau of Investigation on a regular basis, and upon

4 specific request by any such official, regarding the status

5 and effectiveness of the security and counterintelligence

6 programs and activities at Department facilities.

7 ‘‘(d)(1) Not later than March 1 each year, the Direc8 tor of the Office shall submit to the Secretary, the Direc9 tor of Central Intelligence, and the Director of the Federal

10 Bureau of Investigation and to the Committees on Armed

11 Services of the Senate and House of Representatives a re12 port on the status and effectiveness of the security and

13 counterintelligence programs and activities at Department

14 facilities during the preceding year.

15 ‘‘(2) Each report shall include for the year covered

16 by the report the following:

17 ‘‘(A) A description of the status and effective18 ness of the security and counterintelligence pro19 grams and activities at Department facilities.

20 ‘‘(B) A description of any violation of law or

21 other requirement relating to intelligence, counter22 intelligence, or security at such facilities, including—

23 ‘‘(i) the number of violations that were in24 vestigated; and
557

•S 1059 PCS

1 ‘‘(ii) the number of violations that remain

2 unresolved.

3 ‘‘(C) A description of the number of foreign

4 visitors to Department facilities, including the loca5 tions of the visits of such visitors.

6 ‘‘(3) Each report submitted under this subsection to

7 the committees referred to in paragraph (1) shall be sub8 mitted in unclassified form, but may include a classified

9 annex.’’.

10 (b) OFFICE OF INTELLIGENCE.—That title is further

11 amended by adding at the end the following:

12 ‘‘OFFICE OF INTELLIGENCE

13 ‘‘SEC. 214. (a) There is within the Department an

14 Office of Intelligence.

15 ‘‘(b)(1) The head of the Office shall be the Director

16 of the Office of Intelligence.

17 ‘‘(2) The Director of the Office shall be a senior exec18 utive service employee of the Department.

19 ‘‘(3) The Director of the Office shall report directly

20 to the Secretary.

21 ‘‘(c) The Director of the Office shall be responsible

22 for the programs and activities of the Department relating

23 to the analysis of intelligence with respect to nuclear weap24 ons and materials, other nuclear matters, and energy secu25 rity.’’.
558

•S 1059 PCS

1 (c) CLERICAL AMENDMENT.—The table of contents

2 for that Act is amended by inserting after the item relat3 ing to section 212 the following items:

‘‘213. Office of Counterintelligence.

‘‘214. Office of Intelligence.’’.

4 SEC. 3159. COUNTERINTELLIGENCE ACTIVITIES AT CER5 TAIN DEPARTMENT OF ENERGY FACILITIES.

6 (a) ASSIGNMENT OF COUNTERINTELLIGENCE PER7 SONNEL.—(1) The Secretary of Energy shall assign to

8 each Department of Energy facility at which Restricted

9 Data is located an individual who shall assess security and

10 counterintelligence matters at that facility.

11 (2) An individual assigned to a facility under this

12 subsection shall be stationed at the facility.

13 (b) SUPERVISION.—Each individual assigned under

14 subsection (a) shall report directly to the Director of the

15 Office of Counterintelligence of the Department of En16 ergy.

17 SEC. 3160. WHISTLEBLOWER PROTECTION.

18 (a) PROGRAM.—The Secretary of Energy shall estab19 lish a program to ensure that an employee of the Depart20 ment of Energy, or a contractor employee, may not be dis21 charged, demoted, or otherwise discriminated against as

22 a reprisal for disclosing to a person or entity referred to

23 in subsection (b) information relating to the protection of

24 classified information which the employee or contractor
559

•S 1059 PCS

1 employee reasonably believes to provide direct and specific

2 evidence of a violation described in subsection (c).

3 (b) COVERED PERSONS AND ENTITIES.—A person or

4 entity referred to in this subsection is the following:

5 (1) A Member of a committee of Congress hav6 ing primary responsibility for oversight of the de7 partment, agency, or element of the Federal Govern8 ment to which the disclosed information relates.

9 (2) An employee of Congress who—

10 (A) is a staff member of a committee of

11 Congress having primary responsibility for over12 sight of the department, agency, or element of

13 the Federal Government to which the disclosed

14 information relates; and

15 (B) has an appropriate security clearance

16 for access to the information.

17 (3) The Inspector General of the Department of

18 Energy.

19 (4) The Federal Bureau of Investigation.

20 (5) Any other element of the Federal Govern21 ment designated by the Secretary as authorized to

22 receive information of the type disclosed.

23 (c) COVERED VIOLATIONS.—A violation referred to

24 in subsection (a) is—

25 (1) a violation of law or Federal regulation;
560

•S 1059 PCS

1 (2) gross mismanagement, a gross waste of

2 funds, or abuse of authority; or

3 (3) a false statement to Congress on an issue

4 of material fact.

5 SEC. 3161. INVESTIGATION AND REMEDIATION OF AL6 LEGED REPRISALS FOR DISCLOSURE OF CER7 TAIN INFORMATION TO CONGRESS.

8 (a) SUBMITTAL OF ALLEGATIONS TO INSPECTOR

9 GENERAL.—A Department of Energy employee or con10 tractor employee who believes that the employee has been

11 discharged, demoted, or otherwise discriminated against

12 as a reprisal for disclosing information referred to in sub13 section (a) of section 3160 in accordance with the provi14 sions of that section may submit a complaint relating to

15 such action to the Inspector General of the Department

16 of Energy.

17 (b) INVESTIGATION.—(1) For each complaint sub18 mitted under subsection (a), the Inspector General shall—

19 (A) determine whether or not the complaint is

20 frivolous; and

21 (B) if the Inspector General determines the

22 complaint is not frivolous, conduct an investigation

23 of the complaint.
561

•S 1059 PCS

1 (2) The Inspector General shall submit a report on

2 each investigation undertaken under paragraph (1)(B)

3 to—

4 (A) the employee who submitted the complaint

5 on which the investigation is based;

6 (B) the contractor concerned, if any; and

7 (C) the Secretary of Energy.

8 (c) REMEDIAL ACTIONS.—(1) If the Secretary deter9 mines that an employee has been subjected to an adverse

10 personnel action referred to in subsection (a) in contraven11 tion of the provisions of section 3160(a), the Secretary

12 shall—

13 (A) in the case of a Department employee, take

14 appropriate actions to abate the action; or

15 (B) in the case of a contractor employee, order

16 the contractor concerned to take appropriate actions

17 to abate the action.

18 (2)(A) If a contractor fails to comply with an order

19 issued under paragraph (1)(B), the Secretary may file an

20 action for enforcement of the order in the appropriate

21 United States district court.

22 (B) In any action brought under subparagraph (A),

23 the court may grant appropriate relief, including injunc24 tive relief and compensatory and exemplary damages.
562

•S 1059 PCS

1 (d) QUARTERLY REPORT.—(1) Not later than 30

2 days after the commencement of each fiscal quarter, the

3 Inspector General shall submit to the congressional de4 fense committees a report on the investigations under5 taken under subsection (b)(1)(B) during the preceding fis6 cal quarter, including a summary of the results of such

7 investigations.

8 (2) A report under paragraph (1) shall not identify

9 or otherwise provide any information on a person submit10 ting a complaint under this section without the consent

11 of the person.

12 SEC. 3162. NOTIFICATION TO CONGRESS OF CERTAIN SECU13 RITY AND COUNTERINTELLIGENCE FAIL14 URES AT DEPARTMENT OF ENERGY FACILI15 TIES.

16 (a) REQUIREMENT.—The Secretary of Energy, after

17 consultation with the Director of Central Intelligence and

18 the Director of the Federal Bureau of Investigation, as

19 appropriate, shall submit to the congressional defense

20 committees a notification of each serious security or coun21 terintelligence failure at a Department of Energy facility

22 that the Secretary considers likely to cause significant

23 harm or damage to the national security interests of the

24 United States.
563

•S 1059 PCS

1 (b) DEADLINE.—The Secretary shall submit a notice

2 under subsection (a) for a failure covered by that sub3 section not later than 30 days after learning of the failure.

4 (c) PROCEDURES.—The Secretary and the congres5 sional defense committees shall each establish such proce6 dures as may be necessary to carry out the provisions of

7 this title.

8 (d) PROTECTION OF CLASSIFIED AND OTHER SEN9 SITIVE INFORMATION.—(1) The House of Representatives

10 and the Senate shall each establish, by rule or resolution

11 of such House, procedures to protect from unauthorized

12 disclosure classified information, all information relating

13 to intelligence sources and methods, and sensitive law en14 forcement information that is furnished to the congres15 sional defense committees pursuant to this section.

16 (2) Such procedures shall be established in consulta17 tion with the Secretary of Energy, the Director of Central

18 Intelligence, and the Director of the Federal Bureau of

19 Investigation.

20 (e) SAVINGS PROVISIONS.—(1) Nothing in this sec21 tion shall be construed as authority to withhold informa22 tion from the congressional defense committees on the

23 grounds that providing the information to such commit24 tees would constitute the unauthorized disclosure of classi25 fied information, information relating to intelligence
564

•S 1059 PCS

1 sources or methods, or sensitive law enforcement informa2 tion.

3 (2) Nothing in this section shall be construed to mod4 ify or supersede any other requirement to report informa5 tion on intelligence activities to Congress, including the

6 requirement under section 501 of the National Security

7 Act of 1947 (50 U.S.C. 413) for the President to ensure

8 that the intelligence committees are kept fully and cur9 rently informed of the intelligence activities of the United

10 States and for the intelligence committees to notify

11 promptly other congressional committees of any matter re12 lating to intelligence activities requiring the attention of

13 such committees.

14 SEC. 3163. DEFINITION.

15 In this subtitle, the term ‘‘Restricted Data’’ has the

16 meaning given that term in section 11 y. of the Atomic

17 Energy Act of 1954 (42 U.S.C. 2014(y)).

18 Subtitle E—Other Matters

19 SEC. 3171. MAINTENANCE OF NUCLEAR WEAPONS EXPER20 TISE IN THE DEPARTMENT OF DEFENSE AND

21 DEPARTMENT OF ENERGY.

22 (a) ADMINISTRATION OF JOINT NUCLEAR WEAPONS

23 COUNCIL.—(1) Subsection (b) of section 179 of title 10,

24 United States Code, is amended by adding at the end the

25 following new paragraph:
565

•S 1059 PCS

1 ‘‘(3) The Council shall meet not less often than once

2 every three months.’’.

3 (2) Subsection (c) of that section is amended by add4 ing at the end the following new paragraph:

5 ‘‘(3) If the position of Assistant to the Secretary of

6 Defense for Nuclear and Chemical and Biological Defense

7 Programs remains vacant for a period of more than 9

8 months, the Secretary of Energy shall appoint a qualified

9 individual to serve as acting staff director of the Council

10 until the position of Assistant to the Secretary of Defense

11 for Nuclear and Chemical and Biological Defense Pro12 grams is filled.’’.

13 (b) REVITALIZATION OF JOINT NUCLEAR WEAPONS

14 COUNCIL.—(1) The Secretary of Defense and the Sec15 retary of Energy shall jointly prepare and submit to the

16 Committees on Armed Services of the Senate and the

17 House of Representatives a plan to revitalize the Joint

18 Nuclear Weapons Council established by section 179 of

19 title 10, United States Code.

20 (2) The plan shall include any proposed modification

21 to the membership or responsibilities of the Council that

22 the Secretaries jointly determine advisable to enhance the

23 capability of the Council to ensure the integration of De24 partment of Defense requirements for nuclear weapons
566

•S 1059 PCS

1 into the programs and budget processes of the Depart2 ment of Energy.

3 (c) ANNUAL REPORT ON COUNCIL ACTIVITIES.—The

4 Secretary of Defense, shall, after consultation with the

5 Secretary of Energy, submit to the Committees on Armed

6 Services of the Senate and the House of Representatives

7 on an annual basis a report on the activities of the Joint

8 Nuclear Weapons Council. Each report shall include the

9 following:

10 (1) A description of the activities of the Council

11 during the 12-month period ending on the date of

12 the report together with any assessments or studies

13 conducted by the Council during that period.

14 (2) A description of the highest priority require15 ments of the Department of Defense with respect to

16 the Department of Energy stockpile stewardship and

17 management program as of that date.

18 (3) An assessment of the extent to which the

19 requirements referred to in paragraph (2) are being

20 addressed by the Department of Energy as of that

21 date.

22 (d) NUCLEAR MISSION MANAGEMENT PLAN.—The

23 Secretary of Defense shall develop and implement a plan

24 to ensure the continued reliability of the capability of the
567

•S 1059 PCS

1 Department of Defense to carry out its nuclear deterrent

2 mission. The plan shall—

3 (1) articulate the current policy of the United

4 States on the role of nuclear weapons and nuclear

5 deterrence in the conduct of defense and foreign re6 lations matters;

7 (2) establish stockpile viability and capability

8 requirements with respect to that mission, including

9 the number and variety of warheads required;

10 (3) establish requirements relating to the con11 tractor industrial base, support infrastructure, and

12 surveillance, testing, assessment, and certification of

13 nuclear weapons necessary to support that mission;

14 (4) take into account requirements for the crit15 ical skills, readiness, training, exercise, and testing

16 of personnel necessary to meet that mission; and

17 (5) take into account the relevant programs and

18 plans of the military departments and the defense

19 agencies with respect to readiness, sustainment (in20 cluding research and development), and moderniza21 tion of the strategic deterrent forces.

22 (e) NUCLEAR EXPERTISE RETENTION MEASURES.—

23 (1) The Secretary of Energy and Secretary of Defense

24 shall jointly submit to the committees referred to in sub25 section (c) a plan setting forth the actions that the Secre-
568

•S 1059 PCS

1 taries consider necessary to retain core scientific, engi2 neering, and technical skills and capabilities within the

3 Department of Energy, the Department of Defense, and

4 their contractors in order to maintain the United States

5 nuclear deterrent force indefinitely.

6 (2) The plan shall include the following elements:

7 (A) A baseline of current skills and capabilities

8 by location.

9 (B) A statement of the skills or capabilities that

10 are at risk of being lost within the next ten years.

11 (C) A proposal for recruitment and retention

12 measures to address the loss of such skills or capa13 bilities.

14 (D) A proposal for the training and evaluation

15 of personnel with core scientific, engineering, and

16 technical skills and capabilities.

17 (E) A statement of the additional advanced

18 manufacturing programs and process engineering

19 programs that are required to maintain the nuclear

20 deterrent force indefinitely.

21 (F) An assessment of the desirability of estab22 lishing a nuclear weapons workforce reserve to en23 sure the availability of the skills and capabilities of

24 present and former employees of the Department in
569

•S 1059 PCS

1 the event of an urgent future need for such skills

2 and capabilities.

3 (f) REPORTS ON CRITICAL DIFFICULTIES AT NU4 CLEAR WEAPONS LABORATORIES.—Section 3159 of the

5 National Defense Authorization Act for Fiscal Year 1997

6 (Public Law 104–201; 110 Stat. 2842; 42 U.S.C. 7274o)

7 is amended—

8 (1) by redesignating subsection (d) as sub9 section (e); and

10 (2) by inserting after subsection (c) the fol11 lowing new subsection (d):

12 ‘‘(d) INCLUSION OF REPORTS IN ANNUAL STOCKPILE

13 CERTIFICATION.—Any report submitted pursuant to sub14 section (a) shall also be included with the decision docu15 ments that accompany the annual certification of the safe16 ty and reliability of the United States nuclear weapons

17 stockpile which is provided to the President for the year

18 in which such report is submitted.’’.

19 (g) TECHNICAL AMENDMENT.—Section 179(f) of

20 title 10, United States Code, is amended by striking ‘‘the

21 Committee on Armed Services’’ and all that follows

22 through ‘‘House of Representatives’’ and inserting ‘‘the

23 Committees on Armed Services and Appropriations of the

24 Senate and the Committees on Armed Services and Appro25 priations of the House of Representatives’’.
570

•S 1059 PCS

1 SEC. 3172. MODIFICATION OF BUDGET AND PLANNING RE2 QUIREMENTS FOR DEPARTMENT OF ENERGY

3 NATIONAL SECURITY ACTIVITIES.

4 (a) ENHANCEMENT OF ANNUAL FIVE-YEAR BUDG5 ET.—(1) Section 3155 of the National Defense Authoriza6 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

7 Stat. 2841; 42 U.S.C. 7271b) is amended—

8 (A) by redesignating subsection (b) as sub9 section (c);

10 (B) by striking subsection (a) and inserting the

11 following new subsections:

12 ‘‘(a) REQUIREMENT.—The Secretary of Energy shall

13 prepare for each fiscal year after fiscal year 2000 a pro14 gram and budget plan for the national security programs

15 of the Department of Energy for the five-fiscal year period

16 beginning in the year the program and budget plan is pre17 pared.

18 ‘‘(b) ELEMENTS.—Each program and budget plan

19 shall contain the following:

20 ‘‘(1) The estimated expenditures and proposed

21 appropriations necessary to support the programs,

22 projects, and activities of the national security pro23 grams of the Department during the five-fiscal year

24 period covered by the program and budget plan, ex25 pressed in a level of detail comparable to that con26 tained in the budget submitted by the President to
571

•S 1059 PCS

1 Congress under section 1105 of title 31, United

2 States Code.

3 ‘‘(2) A description of the anticipated workload

4 requirements for each Department site during that

5 five-fiscal year period.’’; and

6 (C) in subsection (c), as so redesignated, by

7 striking ‘‘the budget required’’ and inserting ‘‘the

8 program and budget plan required’’.

9 (2) The section heading of such section is amended

10 by striking ‘‘FIVE-YEAR BUDGET’’ and inserting ‘‘FIVE11 FISCAL YEAR PROGRAM AND BUDGET PLAN’’.

12 (b) ADDITIONAL REQUIREMENTS FOR WEAPONS AC13 TIVITIES BUDGETS.—Section 3156 of the National De14 fense Authorization Act for Fiscal Year 1997 (Public Law

15 104–201; 110 Stat. 2841; 42 U.S.C. 7271c) is amended—

16 (1) by redesignating subsection (c) as sub17 section (d); and

18 (2) by inserting after subsection (b) the fol19 lowing new subsection (c):

20 ‘‘(c) IMPACT OF BUDGET ON STOCKPILE.—The Sec21 retary shall include in the materials the Secretary submits

22 to Congress in support of the budget for any fiscal year

23 after fiscal year 2000 that is submitted by the President

24 pursuant to section 1105 of title 31, United States Code,

25 a description of how the funds identified for each program
572

•S 1059 PCS

1 element in the weapons activities budget of the Depart2 ment for such fiscal year will help ensure that the nuclear

3 weapons stockpile is safe and reliable as determined in ac4 cordance with the criteria established under 3158 of the

5 National Defense Authorization Act for Fiscal Year 1999

6 (Public Law 105–261; 112 Stat. 2257; 42 U.S.C. 2121

7 note).’’.

8 SEC. 3173. EXTENSION OF AUTHORITY OF DEPARTMENT OF

9 ENERGY TO PAY VOLUNTARY SEPARATION

10 INCENTIVE PAYMENTS.

11 (a) EXTENSION.—Notwithstanding subsection

12 (c)(2)(D) of section 663 of the Treasury, Postal Service,

13 and General Government Appropriations Act, 1997 (Pub14 lic Law 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597

15 note), the Department of Energy may pay voluntary sepa16 ration incentive payments to qualifying employees who vol17 untarily separate (whether by retirement or resignation)

18 before January 1, 2003.

19 (b) EXERCISE OF AUTHORITY.—The Department

20 shall pay voluntary separation incentive payments under

21 subsection (a) in accordance with the provisions of such

22 section 663.
573

•S 1059 PCS

1 SEC. 3174. INTEGRATED FISSILE MATERIALS MANAGEMENT

2 PLAN.

3 (a) PLAN.—The Secretary of Energy shall develop a

4 long-term plan for the integrated management of fissile

5 materials by the Department of Energy. The plan shall—

6 (1) identify means of consolidating or inte7 grating the responsibilities of the Office of Environ8 mental Management, the Office of Fissile Materials

9 Disposition, the Office of Nuclear Energy, and the

10 Office of Defense Programs for the treatment, stor11 age and disposition of fissile materials, and for the

12 waste streams containing fissile materials, in order

13 to achieve budgetary and other efficiencies in the

14 discharge of those responsibilities; and

15 (2) identify any expenditures necessary at the

16 sites that are anticipated to have an enduring mis17 sion for plutonium management in order to achieve

18 the integrated management of fissile materials by

19 the Department.

20 (b) SUBMITTAL TO CONGRESS.—The Secretary shall

21 submit the plan required by subsection (a) to the congres22 sional defense committees not later than February 1,

23 2000.
574

•S 1059 PCS

1 SEC. 3175. AUTHORITY OF DEPARTMENT OF ENERGY TO

2 ACCEPT LOANS FROM CONTRACTORS FOR

3 CLOSURE PROJECTS AT DEPARTMENT OF EN4 ERGY DEFENSE FACILITIES.

5 (a) AUTHORITY TO ACCEPT LOANS.—Notwith6 standing any other provision of law, the Secretary of En7 ergy may accept a loan from a contractor carrying out

8 closure projects at a Department of Energy defense facil9 ity for purposes of funding additional closure projects at

10 Department defense facilities.

11 (b) LIMITATION ON SOURCE OF LOAN AMOUNT.—

12 The amount for a loan by a contractor under this section

13 shall be derived only from amounts paid the contractor

14 by the Secretary as fees for carrying out closure projects

15 at Department defense facilities.

16 (c) LIMITATION ON LOAN TERMS.—(1) A loan under

17 this section shall not accrue any monetary interest.

18 (2) A loan under this section shall not be secured by

19 an interest in any property or other asset of the United

20 States

21 (d) AGREEMENT.—A loan under this section shall be

22 governed by the terms of an agreement between the Sec23 retary and the contractor concerned for purposes of the

24 loan.
575

•S 1059 PCS

1 SEC. 3176. PILOT PROGRAM FOR PROJECT MANAGEMENT

2 OVERSIGHT REGARDING DEPARTMENT OF

3 ENERGY CONSTRUCTION PROJECTS.

4 (a) REQUIREMENT.—(1) The Secretary of Energy

5 shall carry out a pilot program on use of project manage6 ment oversight (PMO) services for Department of Energy

7 construction projects.

8 (2) The purpose of the pilot program is to provide

9 a basis for determining whether or not the use of competi10 tively procured, external project management oversight

11 services on construction projects would permit the Depart12 ment to control excessive costs and schedule delays associ13 ated with Department construction projects having large

14 capital costs.

15 (b) PROJECTS COVERED BY PROGRAM.—(1) Subject

16 to paragraph (2), the Secretary shall carry out the pilot

17 program at construction projects selected by the Sec18 retary. The projects shall include one or more construction

19 projects authorized pursuant to section 3101 and one con20 struction project authorized pursuant to section 3102.

21 (2) The Secretary shall select projects that have cap22 ital construction costs anticipated to be not less than

23 $25,000,000.

24 (c) SERVICES UNDER PROGRAM.—The project man25 agement oversight services utilized under the pilot pro26 gram shall include the following services:
576

•S 1059 PCS

1 (1) Monitoring the overall progress of a project.

2 (2) Determining whether or not a project is on

3 schedule.

4 (3) Determining whether or not a project is

5 within budget.

6 (4) Determining whether or not a project con7 forms with plans and specifications approved by the

8 Department.

9 (5) Determining whether or not a project is

10 being carried out efficiently and effectively.

11 (6) Any other management oversight services

12 that the Secretary considers appropriate for pur13 poses of the pilot program.

14 (d) PROCUREMENT OF SERVICES UNDER PRO15 GRAM.—Any services procured under the pilot program

16 shall be acquired—

17 (1) on a competitive basis; and

18 (2) from among commercial entities that—

19 (A) do not currently manage or operate fa20 cilities at a location where the pilot program is

21 being conducted; and

22 (B) have an expertise in the management

23 of large construction projects.

24 (e) REPORT.—Not later than February 1, 2000, the

25 Secretary shall submit to the Committees on Armed Serv-
577

•S 1059 PCS

1 ices of the Senate and the House of Representatives a re2 port on pilot program. The report shall include the Sec3 retary’s assessment of the feasibility and desirability of

4 utilizing project management oversight services for De5 partment of Energy construction projects.

6 SEC. 3177. EXTENSION OF REVIEW OF WASTE ISOLATION

7 PILOT PLANT, NEW MEXICO.

8 Section 1433(a) of the National Defense Authoriza9 tion Act, Fiscal Year 1989 (Public Law 100–456; 102

10 Stat. 2073) is amended in the second sentence by striking

11 ‘‘nine additional one-year periods’’ and inserting ‘‘fourteen

12 additional one-year periods’’.

13 SEC. 3178. PROPOSED SCHEDULE FOR SHIPMENTS OF

14 WASTE FROM THE ROCKY FLATS PLANT, COL15 ORADO, TO THE WASTE ISOLATION PILOT

16 PROJECT, NEW MEXICO.

17 (a) SUBMITTAL OF PROPOSED SCHEDULE.—Not

18 later than 60 days after the date of the enactment of this

19 Act, the Secretary of Energy shall submit to the Commit20 tees on Armed Services of the Senate and House of Rep21 resentatives a proposed schedule for the commencement

22 of shipments of waste from the Rocky Flats Plant, Colo23 rado, to the Waste Isolation Pilot Project, New Mexico.

24 (b) ELEMENTS.—The schedule under subsection (a)

25 shall set forth—
578

•S 1059 PCS

1 (1) the proposed commencement date of ship2 ments of mixed transuranic waste from the Rocky

3 Flats Plant to the Waste Isolation Pilot Project; and

4 (2) the proposed commencement date of ship5 ments of unmixed transuranic waste from the Rocky

6 Flats Plant to the Waste Isolation Pilot Project.

7 (c) REQUIREMENTS REGARDING SCHEDULE.—In

8 preparing the schedule, the Secretary shall assume the fol9 lowing:

10 (1) A closure date for the Rocky Flats Plant in

11 2006.

12 (2) That all waste that is transferable from the

13 Rocky Flats Plant to the Waste Isolation Pilot

14 Project will be removed from the Rocky Flats Plant

15 by that closure date as specified in the current 2006

16 Rocky Flats Plant Closure Plan.

17 (3) That, to the maximum extent practicable,

18 shipments of waste from the Rocky Flats Plant to

19 the Waste Isolation Pilot Project will not interfere

20 with other shipments of waste to the Waste Isolation

21 Pilot Project.
579

•S 1059 PCS

1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY

3 BOARD

4 SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

5 There are authorized to be appropriated for fiscal

6 year 2000, $17,500,000 for the operation of the Defense

7 Nuclear Facilities Safety Board under chapter 21 of the

8 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

9 TITLE XXXIII—NATIONAL

10 DEFENSE STOCKPILE

11 SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

12 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis13 cal year 2000, the National Defense Stockpile Manager

14 may obligate up to $78,700,000 of the funds in the Na15 tional Defense Stockpile Transaction Fund for the author16 ized uses of such funds under section 9(b)(2) of the Stra17 tegic and Critical Materials Stock Piling Act (50 U.S.C.

18 98h(b)(2)), including the disposal of hazardous materials

19 that are environmentally sensitive.

20 (b) ADDITIONAL OBLIGATIONS.—The National De21 fense Stockpile Manager may obligate amounts in excess

22 of the amount specified in subsection (a) if the National

23 Defense Stockpile Manager notifies Congress that extraor24 dinary or emergency conditions necessitate the additional

25 obligations. The National Defense Stockpile Manager may
580

•S 1059 PCS

1 make the additional obligations described in the notifica2 tion after the end of the 45-day period beginning on the

3 date on which Congress receives the notification.

4 (c) LIMITATIONS.—The authorities provided by this

5 section shall be subject to such limitations as may be pro6 vided in appropriations Acts.

7 SEC. 3302. LIMITATIONS ON PREVIOUS AUTHORITY FOR

8 DISPOSAL OF STOCKPILE MATERIALS.

9 (a) PUBLIC LAW 105–261 AUTHORITY.—Section

10 3303(b) of the Strom Thurmond National Defense Au11 thorization Act for Fiscal Year 1999 (Public Law 105–

12 261; 112 Stat. 2263; 50 U.S.C. 98d note) is amended—

13 (1) by striking ‘‘(b) LIMITATION ON DISPOSAL

14 QUANTITY.—’’ and inserting ‘‘(b) LIMITATIONS ON

15 DISPOSAL AUTHORITY.—(1)’’; and

16 (2) by adding at the end the following:

17 ‘‘(2) The President may not dispose of materials

18 under this section in excess of the disposals necessary to

19 result in receipts in the amounts specified in subsection

20 (a).’’.

21 (b) PUBLIC LAW 105–85 AUTHORITY.—Section

22 3305(b) of the National Defense Authorization Act for

23 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2058;

24 50 U.S.C. 98d note) is amended—
581

•S 1059 PCS

1 (1) by striking ‘‘(b) LIMITATION ON DISPOSAL

2 QUANTITY.—’’ and inserting ‘‘(b) LIMITATIONS ON

3 DISPOSAL AUTHORITY.—(1)’’; and

4 (2) by adding at the end the following:

5 ‘‘(2) The President may not dispose of cobalt under

6 this section in excess of the disposals necessary to result

7 in receipts in the amounts specified in subsection (a).’’.

8 (c) PUBLIC LAW 104–201 AUTHORITY.—Section

9 3305(b) of the National Defense Authorization Act for

10 Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2855;

11 50 U.S.C. 98d note) is amended—

12 (1) by striking ‘‘(b) LIMITATION ON DISPOSAL

13 QUANTITY.—’’ and inserting ‘‘(b) LIMITATIONS ON

14 DISPOSAL AUTHORITY.—(1)’’; and

15 (2) by adding at the end the following:

16 ‘‘(2) The President may not dispose of materials

17 under this section in excess of the disposals necessary to

18 result in receipts in the amounts specified in subsection

19 (a).’’.

20 TITLE XXXIV—PANAMA CANAL

21 COMMISSION

22 SEC. 3401. SHORT TITLE.

23 This title may be cited as the ‘‘Panama Canal Com24 mission Authorization Act for Fiscal Year 2000’’.
582

•S 1059 PCS

1 SEC. 3402. AUTHORIZATION OF EXPENDITURES.

2 (a) IN GENERAL.—Subject to subsection (b), the

3 Panama Canal Commission is authorized to use amounts

4 in the Panama Canal Revolving Fund to make such ex5 penditures within the limits of funds and borrowing au6 thority available to it in accordance with law, and to make

7 such contracts and commitments, as may be necessary

8 under the Panama Canal Act of 1979 (22 U.S.C. 3601

9 et seq.) for the operation, maintenance, improvement, and

10 administration of the Panama Canal for the period Octo11 ber 1, 1999, through noon on December 31, 1999.

12 (b) LIMITATIONS.—For the period described in sub13 section (a), the Panama Canal Commission may expend

14 from funds in the Panama Canal Revolving Fund not

15 more than $25,000 for official reception and representa16 tion expenses, of which—

17 (1) not more than $7,000 may be used for offi18 cial reception and representation expenses of the Su19 pervisory Board of the Commission;

20 (2) not more than $3,500 may be used for offi21 cial reception and representation expenses of the

22 Secretary of the Commission; and

23 (3) not more than $14,500 may be used for of24 ficial reception and representation expenses of the

25 Administrator of the Commission.
583

•S 1059 PCS

1 SEC. 3403. PURCHASE OF VEHICLES.

2 Notwithstanding any other provision of law, the

3 funds available to the Commission shall be available for

4 the purchase and transportation to the Republic of Pan5 ama of replacement passenger motor vehicles, the pur6 chase price of which shall not exceed $26,000 per vehicle.

7 SEC. 3404. EXPENDITURES ONLY IN ACCORDANCE WITH

8 TREATIES.

9 Expenditures authorized under this title may be made

10 only in accordance with the Panama Canal Treaties of

11 1977 and any law of the United States implementing

12 those treaties.

13 SEC. 3405. OFFICE OF TRANSITION ADMINISTRATION.

14 (a) EXPENDITURES FROM PANAMA CANAL COMMIS15 SION DISSOLUTION FUND.—The Office of Transition Ad16 ministration established under subsection (b) of section

17 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a)

18 is authorized to obligate and expend funds from the Pan19 ama Canal Commission Dissolution Fund established

20 under subsection (c) of such section for the purposes enu21 merated in such subsection until the fund terminates.

22 (b) ADMINISTRATIVE OFFICES.—The Office of Tran23 sition Administration shall have offices in the Republic of

24 Panama and in Washington, District of Columbia. The of25 fice in Panama shall be subject to the authority of the

26 United States chief of mission in the Republic of Panama.
584

•S 1059 PCS

1 (c) OVERSIGHT OF CLOSE-OUT ACTIVITIES.—The

2 Panama Canal Commission shall enter into an agreement

3 with the head of a department or agency of the Federal

4 Government to supervise the close out of the affairs of

5 the Commission under section 1305 of the Panama Canal

6 Act of 1979 and to certify the completion of that function.