Calendar No. 115

106TH CONGRESS

1ST SESSION S. 1060

A BILL

To authorize appropriations for fiscal year 2000 for

poses.year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscalmilitary activities of the Department of Defense,

MAY 17 (legislative day, MAY 14), 1999

Read twice and placed on the calendar
II

Calendar No. 115

106TH CONGRESS

1ST SESSION S. 1060

To authorize appropriations for fiscal year 2000 for military activities of

the Department of Defense, to prescribe personnel strengths for such

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

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, to prescribe

personnel strengths for such fiscal year for the Armed

Forces, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

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

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

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical demilitarization program.

Sec. 107. Defense health programs.

Subtitle B—Army Programs

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

Sec. 112. Close combat tactical trainer program.

Sec. 113. Army aviation modernization.

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.
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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.

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.
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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.

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

Academies.

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

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

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

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

promotion zone.

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

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

Subtitle B—Reserve Component Matters

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

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

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

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

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

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

lieutenant commanders who twice fail of selection for promotion.

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

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

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

financial assistance program.

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.
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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.

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

Sec. 615. Aviation career officer special pay.

Sec. 616. Career enlisted flyer incentive pay.

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

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

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

Forces and Public Health Service.

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

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

active members.

Sec. 622. Critical skills enlistment bonus.

Sec. 623. Selected Reserve enlistment bonus.

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

priority units of the Selected Reserve.

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

eligibility for enlistment bonus.

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

attaining a critical skill.

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

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

proficiency pay.

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.
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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.

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
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Subtitle A—General

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

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

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

States Military Academy.

Sec. 904. Management of the Civil Air Patrol.

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

strategic plan.

Sec. 906. Permanent requirement for quadrennial defense review.

Subtitle B—Commission To Assess United States National

Security Space Management and Organization

Sec. 911. Establishment of commission.

Sec. 912. Duties of commission.

Sec. 913. Report.

Sec. 914. Powers.

Sec. 915. Commission procedures.

Sec. 916. Personnel matters.

Sec. 917. Miscellaneous administrative provisions.

Sec. 918. Funding.

Sec. 919. Termination of the commission.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Second biennial financial management improvement plan.

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

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

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

charts, and navigational books.

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

machines on naval vessels for financial transactions.

Sec. 1007. Central transfer account for combating terrorism.

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

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.
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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.

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
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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.

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.

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.
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1 TITLE I—PROCUREMENT

2 Subtitle A—Authorization of

3 Appropriations

4 SEC. 101. ARMY.

5 Funds are hereby authorized to be appropriated for

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

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

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

9 (3) For weapons and tracked combat vehicles,

10 $1,678,865,000.

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

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

13 SEC. 102. NAVY AND MARINE CORPS.

14 (a) NAVY.—Funds are hereby authorized to be appro15 priated for fiscal year 2000 for procurement for the Navy

16 as follows:

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

18 (2) For weapons, including missiles and tor19 pedoes, $1,392,100,000.

20 (3) For shipbuilding and conversion,

21 $7,016,454,000.

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

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

24 be appropriated for fiscal year 2000 for procurement for

25 the Marine Corps in the amount of $1,295,570,000.
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1 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

2 are hereby authorized to be appropriated for procurement

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

4 amount of $540,700,000.

5 SEC. 103. AIR FORCE.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 2000 for procurement for the Air Force as fol8 lows:

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

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

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

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

13 SEC. 104. DEFENSE-WIDE ACTIVITIES.

14 Funds are hereby authorized to be appropriated for

15 fiscal year 2000 for Defense-wide procurement in the

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

17 SEC. 105. DEFENSE INSPECTOR GENERAL.

18 Funds are hereby authorized to be appropriated for

19 fiscal year 2000 for procurement for the Inspector General

20 of the Department of Defense in the amount of

21 $2,100,000.

22 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

23 There is hereby authorized to be appropriated for fis24 cal year 2000 the amount of $1,169,000,000 for—
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1 (1) the destruction of lethal chemical agents

2 and munitions in accordance with section 1412 of

3 the Department of Defense Authorization Act, 1986

4 (50 U.S.C. 1521); and

5 (2) the destruction of chemical warfare material

6 of the United States that is not covered by section

7 1412 of such Act.

8 SEC. 107. DEFENSE HEALTH PROGRAMS.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 2000 for the Department of Defense for pro11 curement for carrying out health care programs, projects,

12 and activities of the Department of Defense in the total

13 amount of $356,970,000.

14 Subtitle B—Army Programs

15 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

16 CERTAIN ARMY PROGRAMS.

17 Beginning with the fiscal year 2000 program year,

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

19 2306b of title 10, United States Code, enter into multiyear

20 contracts for procurement of the following:

21 (1) The M270A1 launcher.

22 (2) The Family of Medium Tactical Vehicles,

23 except that the period of a multiyear contract may

24 not exceed three years.
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1 (3) The Command Launch Unit for the Javelin

2 Advanced Anti-tank Weapon System-Medium.

3 (4) The missile for the Javelin Advanced Anti4 tank Weapon System-Medium, except that the pe5 riod of a multiyear contract may not exceed four

6 years.

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

8 (6) The Wolverine heavy assault bridge.

9 (7) The system enhancement program for the

10 M1A2 Abrams tank assembly.

11 (8) The Second Generation Forward Looking

12 Infrared system for the M1A2 Abrams tank.

13 (9) The C2V Command and Control Vehicle,

14 except that the period of a multiyear contract may

15 not exceed four years.

16 (10) The Second Generation Forward Looking

17 Infrared system for the Bradley A3 fighting vehicle,

18 except that the period of a multiyear contract may

19 not exceed four years.

20 (11) The improved Bradley acquisition system

21 for the Bradley A3 fighting vehicle, except that the

22 period of a multiyear contract may not exceed four

23 years.
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1 (12) The Bradley A3 fighting vehicle, except

2 that the period of a multiyear contract may not ex3 ceed four years.

4 SEC. 112. CLOSE COMBAT TACTICAL TRAINER PROGRAM.

5 None of the funds authorized to be appropriated

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

7 of the close combat tactical trainers configured to mobile

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

9 Bradley A3 fighting vehicle under the Close Combat Tac10 tical Trainer program of the Army until—

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

12 the congressional defense committees a report

13 containing—

14 (A) a discussion of the actions taken to

15 correct the deficiencies in such trainers that

16 have been identified by the Director of Oper17 ations Test and Evaluation of the Department

18 of Defense before the date of the report; and

19 (B) the Secretary’s certification that the

20 close combat tactical trainers satisfy the reli21 ability requirements established for the trainers

22 under the program; and

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

24 the submittal of the report.
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1 SEC. 113. ARMY AVIATION MODERNIZATION.

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

3 Army shall submit to the congressional defense commit4 tees a comprehensive plan for the modernization of the

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

6 for the following:

7 (1) For the AH–64D Apache Longbow pro8 gram:

9 (A) Restoration of the original procure10 ment objective of the program to the procure11 ment of 747 aircraft and 227 fire control ra12 dars.

13 (B) Qualification and training of reserve

14 component pilots as augmentation crews to en15 sure 24-hour warfighting capability in deployed

16 attack helicopter units.

17 (C) Fielding of a sufficient number of air18 craft in reserve component aviation units to im19 plement the provisions of the plan required

20 under subparagraph (B).

21 (2) For AH–1 Cobra helicopters, retirement of

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

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

24 (A) Review of the total requirements and

25 acquisition objectives for the program.
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1 (B) Fielding of Comanche helicopters to

2 the existing aviation force structure.

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

4 Apache program required under paragraph (1).

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

6 (A) A UH–1 modernization program.

7 (B) Revision of total force requirements

8 for the aircraft to reflect the warfighting sup9 port requirements and State mission require10 ments for aircraft utilized by the Army Na11 tional Guard.

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

13 (A) Identification of the requirements for

14 the aircraft.

15 (B) An acquisition strategy for meeting re16 quirements that cannot be met by UH–1 Huey

17 helicopters among the warfighting support re18 quirements and State mission requirements for

19 aircraft utilized by the Army National Guard.

20 (C) An upgrade program for fielded air21 craft.

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

23 life extension program, maintenance of the schedule

24 and funding.
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1 (7) For the OH–58D Kiowa Warrior heli2 copters, a modernization program.

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

4 and future requirements for helicopters and its

5 present and future helicopter inventory, including

6 the number of aircraft, average age of aircraft, avail7 ability of spare parts, flight hour costs, roles and

8 functions assigned to the fleet as a whole and to

9 each type of aircraft, and the mix of active compo10 nent and reserve component aircraft in the fleet.

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

12 amount authorized to be appropriated under section

13 101(2) may be obligated before the date that is 30 days

14 after the date on which the Secretary of the Army submits

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

16 defense committees.

17 Subtitle C—Navy Programs

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

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

20 Navy is authorized to procure the amphibious dock ship

21 to be designated LHD–8, subject to the availability of ap22 propriations for that purpose.

23 (b) AMOUNT AUTHORIZED.—Of the amount author24 ized to be appropriated under section 102(a)(3) for fiscal

25 year 2000, $375,000,000 is available for the advance pro-
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1 curement and advance construction of components for the

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

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

4 shipbuilder and other entities for the advance procurement

5 and advance construction of those components.

6 SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

7 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT

8 OF 6 ADDITIONAL VESSELS.—(1) Subsection (b) of sec9 tion 122 of the National Defense Authorization Act for

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

11 is amended in the first sentence—

12 (A) by striking ‘‘12 Arleigh Burke class de13 stroyers’’ and inserting ‘‘18 Arleigh Burke class de14 stroyers’’; and

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

16 ‘‘2001, 2002, and 2003’’

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

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

19 (b) FISCAL YEAR 2001 ADVANCE PROCUREMENT.—

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

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

22 contracts for advance procurement for the Arleigh Burke

23 class destroyers that are to be constructed under contracts

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

25 of Public Law 104–201, as amended by subsection (a)(1).
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1 (2) The authority to contract for advance procure2 ment under paragraph (1) is subject to the availability of

3 funds authorized and appropriated for fiscal year 2001 for

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

5 (3) The aggregate amount of the contracts entered

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

7 SEC. 123. REPEAL OF REQUIREMENT FOR ANNUAL RE8 PORT FROM SHIPBUILDERS UNDER CERTAIN

9 NUCLEAR ATTACK SUBMARINE PROGRAMS.

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

11 National Defense Authorization Act for Fiscal Year 1997

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

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

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

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

16 to in paragraph (4)’’.

17 SEC. 124. COOPERATIVE ENGAGEMENT CAPABILITY PRO18 GRAM.

19 (a) LIMITATION.—Cooperative engagement equip20 ment procured under the Cooperative Engagement Capa21 bility program of the Navy may not be installed into a

22 commissioned vessel until the completion of operational

23 test and evaluation of the shipboard cooperative engage24 ment capability.
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1 (b) CONSTRUCTION.—Subsection (a) shall not be con2 strued to limit the installation of cooperative engagement

3 equipment in new construction ships.

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

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

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

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

8 Code, enter into a multiyear procurement contract for the

9 procurement of F/A–18E/F aircraft.

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

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

12 Defense certifies to the Committees on Armed Services of

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

14 18E/F aircraft has successfully completed initial oper15 ational test and evaluation.

16 Subtitle D—Air Force Programs

17 SEC. 131. F–22 AIRCRAFT PROGRAM.

18 Before awarding the contract for low-rate initial pro19 duction under the F–22 aircraft program, the Secretary

20 of Defense shall certify to the congressional defense com21 mittees that—

22 (1) the test plan in the engineering and manu23 facturing development program is adequate for de24 termining the operational effectiveness and suit25 ability of the F–22 aircraft; and
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1 (2) the engineering and manufacturing develop2 ment program and the production program can each

3 be executed within the limitation on total cost appli4 cable to that program under subsection (a) or (b),

5 respectively, of section 217 of the National Defense

6 Authorization Act for Fiscal Year 1998 (Public Law

7 105–85; 111 Stat. 1660).

8 Subtitle E—Other Matters

9 SEC. 141. EXTENSION OF AUTHORITY TO CARRY OUT AR10 MAMENT RETOOLING AND MANUFACTURING

11 SUPPORT INITIATIVE.

12 Section 193(a) of the Armament Retooling and Man13 ufacturing Support Act of 1992 (subtitle H of title I of

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

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

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

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

18 MANUFACTURED ARTICLES AND SERVICES

19 OF CERTAIN ARMY INDUSTRIAL FACILITIES

20 WITHOUT REGARD TO AVAILABILITY FROM

21 DOMESTIC SOURCES.

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

23 National Defense Authorization Act for Fiscal Year 1998

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

25 note) is amended—
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1 (1) in subsection (a), by striking ‘‘During fiscal

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

3 years 1998 through 2001’’; and

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

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

6 year covered by the pilot program’’.

7 (b) EXTENSION OF DEADLINE FOR INSPECTOR GEN8 ERAL REPORT.—Subsection (c) of such section is amend9 ed by striking ‘‘July 1, 1999’’ and inserting ‘‘July 1,

10 2000’’.

11 TITLE II—RESEARCH, DEVELOP12 MENT, TEST, AND EVALUA13 TION

14 Subtitle A—Authorization of

15 Appropriations

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

17 Funds are hereby authorized to be appropriated for

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

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

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

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

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

23 (4) For Defense-wide activities,

24 $9,400,081,000, of which—
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1 (A) $253,457,000 is authorized for the ac2 tivities of the Director, Test and Evaluation;

3 and

4 (B) $24,434,000 is authorized for the Di5 rector of Operational Test and Evaluation.

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

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

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

9 be available for basic research and applied research

10 projects.

11 (b) BASIC RESEARCH AND APPLIED RESEARCH DE12 FINED.—For purposes of this section, the term ‘‘basic re13 search and applied research’’ means work funded in pro14 gram elements for defense research and development

15 under Department of Defense category 6.1 or 6.2.

16 Subtitle B—Program Require17 ments, Restrictions, and Limita18 tions

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

20 Of the amount authorized to be appropriated by sec21 tion 201(1), $750,000 shall be available for contributions

22 for the common-funded Civil Budget of NATO.
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1 SEC. 212. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT

2 PROGRAM.

3 (a) FUNDING.—Of the funds authorized to be appro4 priated under section 201(3), $25,000,000 is available for

5 continued implementation of the micro-satellite technology

6 program established pursuant to section 215 of the Na7 tional Defense Authorization Act for Fiscal Year 1998

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

9 (b) MICRO-SATELLITE TECHNOLOGY DEVELOPMENT

10 PLAN.—The Secretary of Defense shall develop a micro11 satellite technology development plan to guide technology

12 investment decisions and prioritize technology demonstra13 tion activities.

14 (c) REPORT.—Not later than April 15, 1999, the Sec15 retary shall submit to the congressional defense commit16 tees a report regarding the plan developed under sub17 section (b).

18 SEC. 213. SPACE CONTROL TECHNOLOGY.

19 (a) FUNDS AVAILABLE FOR AIR FORCE EXECU20 TION.—Of the funds authorized to be appropriated under

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

22 control technology development pursuant to the Depart23 ment of Defense Space Control Technology Plan of 1999.

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

25 the funds authorized to be appropriated under section

26 201(1), $41,000,000 shall be available for space control
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1 technology development. Of the funds made available pur2 suant to the preceding sentence, the Commanding General

3 of the United States Army Space and Missile Defense

4 Command may utilize such amounts as are necessary for

5 any or all of the following activities:

6 (1) Continued development of the kinetic energy

7 anti-satellite technology program necessary to retain

8 an option of conducting a flight test within two

9 years of any decision to do so.

10 (2) Technology development associated with the

11 kinetic energy anti-satellite kill vehicle to tempo12 rarily disrupt satellite functions.

13 (3) Cooperative technology development with

14 the Air Force, pursuant to the Department of De15 fense Space Control Technology Plan of 1999.

16 SEC. 214. SPACE MANEUVER VEHICLE.

17 (a) FUNDING.—Of the funds authorized to be appro18 priated under section 201(3), $35,000,000 is available for

19 the space maneuver vehicle program.

20 (b) ACQUISITION OF SECOND FLIGHT TEST ARTI21 CLE.—The amount available for the space maneuver vehi22 cle program under subsection (a) may be used only to ac23 quire a second flight test article for the joint Air Force

24 and National Aeronautics and Space Administration
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1 X–37 program in support of the Air Force Space Maneu2 ver Vehicle program.

3 SEC. 215. MANUFACTURING TECHNOLOGY PROGRAM.

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

5 ESSENTIAL REQUIREMENTS.—Subsection (b) of section

6 2525 of title 10, United States Code, is amended—

7 (1) by striking paragraph (4);

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

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

10 (3) by inserting after ‘‘program—’’ the fol11 lowing new paragraph (1):

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

13 for advanced manufacturing technologies on high14 risk projects for the development and application of

15 technologies for use to satisfy manufacturing re16 quirements essential to the national defense that in17 volve repair and remanufacturing in support of the

18 operations of systems commands, depots, air logis19 tics centers, and shipyards;’’.

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

21 amended—

22 (1) by redesignating paragraph (2) as para23 graph (4); and

24 (2) by inserting after paragraph (1) the fol25 lowing:
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1 ‘‘(2) The Secretary shall require that manufacturing

2 technology projects proposed to be carried out under the

3 program be selected principally on the basis of the extent

4 to which the projects satisfy the purpose set forth in sub5 section (b)(1), as determined by a panel established to re6 view the proposed projects and to make the selections.

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

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

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

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

11 certifying that funds available to the program office will

12 be used to pay the costs of implementing a manufacturing

13 technology developed and applied under the project to the

14 successful satisfaction of requirements described in sub15 section (b)(1).’’.

16 (c) CONSIDERATION OF COST-SHARING PRO17 POSALS.—Subsection (d) of such section is amended—

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

19 (2) by striking ‘‘(A)’’ following ‘‘(d) COMPETI20 TION AND COST SHARING.—(1)’’; and

21 (3) by striking ‘‘(B) For each’’ and all that fol22 lows through ‘‘competitive procedures.’’ and insert23 ing the following: ‘‘(2) The competitive procedures

24 shall include among the factors to be considered in

25 the evaluation of a proposal for a grant, contract,
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1 cooperative agreement, or other transaction for a

2 project the extent to which the proposal provides for

3 the prospective recipient to share in defraying the

4 costs of the project.’’.

5 Subtitle C—Ballistic Missile

6 Defense

7 SEC. 221. THEATER MISSILE DEFENSE UPPER TIER ACQUI8 SITION STRATEGY.

9 (a) REVISED UPPER TIER STRATEGY.—The Sec10 retary of Defense shall establish an acquisition strategy

11 for the upper tier missile defense systems that—

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

13 systems in separate, independently managed pro14 gram elements throughout the future-years defense

15 program;

16 (2) bases funding decisions and program sched17 ules for each upper tier system on the performance

18 of each system independent of the performance of

19 the other system; and

20 (3) provides for accelerating the deployment of

21 both of the upper tier systems to the maximum ex22 tent practicable.

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

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

25 the following:
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1 (1) The Navy Theater Wide system.

2 (2) The Theater High-Altitude Area Defense

3 system.

4 SEC. 222. REPEAL OF REQUIREMENT TO IMPLEMENT

5 TECHNICAL AND PRICE COMPETITION FOR

6 THEATER HIGH ALTITUDE AREA DEFENSE

7 SYSTEM.

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

9 National Defense Authorization Act for Fiscal Year 1999

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

11 SEC. 223. SPACE-BASED LASER PROGRAM.

12 (a) STRUCTURE OF PROGRAM.—The Secretary of De13 fense shall structure the space-based laser program to

14 include—

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

16 and

17 (2) an ongoing activity for developing an objec18 tive system design, including developing, testing, and

19 operating a prototype system.

20 (b) INTEGRATED FLIGHT EXPERIMENT.—The Sec21 retary shall structure the integrated flight experiment to

22 provide for the following:

23 (1) Establishment of an objective to carry out

24 an early demonstration of the fundamental end-to-
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1 end capability to detect, track, and destroy a boost2 ing ballistic missile with a lethal laser from space.

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

4 of technology that has been demonstrated in prin5 ciple or can be developed in the near-term with a low

6 degree of risk.

7 (3) A goal of launching the experiment by

8 2006.

9 (c) DEVELOPMENT OF OBJECTIVE SYSTEM DE10 SIGN.—In order to develop an objective system design

11 suited to the operational and technological environment

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

13 Secretary shall structure the space-based laser program

14 schedule to include the following:

15 (1) Robust research and development on ad16 vanced technologies in parallel with the development

17 of the integrated flight experiment.

18 (2) Architecture studies to assess alternative

19 space-based laser constellation and system perform20 ance characteristics.

21 (3) Planning for the development of a space22 based laser prototype that—

23 (A) utilizes the lessons learned from the

24 integrated flight experiment;
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1 (B) is supported by ongoing architecture

2 and advanced technology research and develop3 ment efforts; and

4 (C) is scheduled to be launched approxi5 mately two years before the date by which the

6 objective space-based laser system configuration

7 is to be completed.

8 (d) SENSE OF CONGRESS.—It is the sense of Con9 gress that the structure required by this section for the

10 space-based laser program is consistent with the joint ven11 ture contracting approach and overall objective that the

12 Department of Defense has established for the space13 based laser program.

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

15 in consultation with the space-based laser joint venture

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

17 baseline to reflect the requirements of this section.

18 (f) FUNDS AVAILABLE FOR BALLISTIC MISSILE DE19 FENSE ORGANIZATION EXECUTION.—Of the amounts au20 thorized to be appropriated under section 201(4),

21 $75,000,000 shall be available for the space-based laser

22 program. Amounts made available under this subsection

23 may be transferred to the Air Force for execution in sup24 port of the space-based laser program.
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1 (g) FUNDS AVAILABLE FOR AIR FORCE EXECU2 TION.—Of the amounts authorized to be appropriated

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

4 the space-based laser program.

5 SEC. 224. AIRBORNE LASER PROGRAM.

6 (a) MODIFICATION OF PROGRAM DEFINITION AND

7 RISK REDUCTION AIRCRAFT.—The Secretary of the Air

8 Force may not commence any modification of the program

9 definition and risk reduction aircraft for the Airborne

10 Laser program until the Secretary of Defense certifies to

11 Congress that he has determined that the commencement

12 of the aircraft modification according to the existing

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

14 analysis involving the following activities:

15 (1) The North Oscura Peak dynamic test pro16 gram.

17 (2) Scintillometry data collection and analysis.

18 (3) The lethality/vulnerability program.

19 (4) The countermeasures test and analysis ef20 fort.

21 (5) Reduction and analysis of other existing

22 data.

23 (b) AUTHORITY-TO-PROCEED-2.—Before the Author24 ity-to-Proceed-2 may be approved for the Airborne Laser

25 program, the Secretary of Defense shall—
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1 (1) ensure that the Secretary of the Air Force

2 has developed an appropriate plan for resolving the

3 technical challenges identified in the Airborne Laser

4 Program Assessment;

5 (2) approve the plan; and

6 (3) submit a report on the plan to the congres7 sional defense committees.

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

9 of Defense shall restructure the Airborne Laser program

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

11 to the making of a Milestone II decision approving entry

12 of the program into engineering and manufacturing

13 development—

14 (1) no modification of the engineering and man15 ufacturing development aircraft is begun;

16 (2) the program definition and risk reduction

17 aircraft is utilized in a robust series of flight tests

18 that validates the technical maturity of the Airborne

19 Laser program and provides sufficient information

20 regarding the performance of the system across the

21 full range of its validated operational requirements;

22 and

23 (3) sufficient technical information is available

24 to determine whether adequate progress is being

25 made in the ongoing effort to address the oper-
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1 ational issues identified in the Airborne Laser Pro2 gram Assessment.

3 (d) AIRBORNE LASER PROGRAM ASSESSMENT DE4 FINED.—In this section, the term ‘‘Airborne Laser Pro5 gram Assessment’’ means the Assessment of Technical

6 and Operational Aspects of the Airborne Laser Program

7 that was submitted to Congress by the Secretary of De8 fense on March 9, 1999.

9 Subtitle D—Research and Develop10 ment for Long-Term Military

11 Capabilities

12 SEC. 231. ANNUAL REPORT ON EMERGING OPERATIONAL

13 CONCEPTS.

14 (a) EXTENSION OF REPORTING REQUIREMENT.—

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

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

17 201; 110 Stat. 2642; 10 U.S.C. 113 note) is amended by

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

19 (b) IDENTIFICATION OF TECHNOLOGICAL OBJEC20 TIVES FOR RESEARCH AND DEVELOPMENT.—That sec21 tion is further amended by adding at the end the following

22 new subsection:

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

24 REPORTS AFTER 1999.—Each report under this section

25 after 1999 shall set forth the military capabilities that are
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1 necessary for meeting national security requirements over

2 the next two to three decades, including—

3 ‘‘(1) the most significant strategic and oper4 ational capabilities (including both armed force-spe5 cific and joint capabilities) that are necessary for the

6 Armed Forces to prevail against the most dangerous

7 threats, including asymmetrical threats, that could

8 be posed to the national security interests of the

9 United States by potential adversaries from 2020 to

10 2030;

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

12 future military systems (including both armed force13 specific and joint systems) that will be needed to

14 meet each such threat; and

15 ‘‘(3) the most significant research and develop16 ment challenges that must be met, and the techno17 logical breakthroughs that must be made, to develop

18 and field such systems.’’.

19 SEC. 232. TECHNOLOGY AREA REVIEW AND ASSESSMENT.

20 Section 270(b) of the National Defense Authorization

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

22 2469; 10 U.S.C. 2501 note) is amended to read as follows:

23 ‘‘(b) TECHNOLOGY AREA REVIEW AND ASSESS24 MENT.—With the submission of the plan under subsection

25 (a) each year, the Secretary shall also submit to the com-
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1 mittees referred to in that subsection a summary of each

2 technology area review and assessment conducted by the

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

4 SEC. 233. REPORT BY UNDER SECRETARY OF DEFENSE

5 FOR ACQUISITION AND TECHNOLOGY.

6 (a) REQUIREMENT.—The Under Secretary of De7 fense for Acquisition and Technology shall submit to the

8 congressional defense committees a report on the actions

9 that are necessary to promote the research base and tech10 nological development that will be needed for ensuring

11 that the Armed Forces have the military capabilities that

12 are necessary for meeting national security requirements

13 over the next two to three decades.

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

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

16 the Department of Defense to ensure that—

17 (1) the Department of Defense laboratories

18 place an appropriate emphasis on revolutionary

19 changes in military operations and the new tech20 nologies that will be necessary to support those oper21 ations;

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

23 national research base that includes organizations

24 attuned to the needs of the Department, the fos25 tering and creation of revolutionary technologies use-
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1 ful to the Department, and the capability to identify

2 opportunities for new military capabilities in emerg3 ing scientific knowledge;

4 (3) the Department can identify, provide appro5 priate funding for, and ensure the coordinated devel6 opment of joint technologies that will serve the needs

7 of more than one of the Armed Forces;

8 (4) the Department can identify militarily rel9 evant technologies that are developed in the private

10 sector, rapidly incorporate those technologies into

11 defense systems, and effectively utilize technology

12 transfer processes;

13 (5) the Department can effectively and effi14 ciently manage the transition of new technologies

15 from the applied research and advanced techno16 logical development stage through the product devel17 opment stage in a manner that ensures that max18 imum advantage is obtained from advances in tech19 nology; and

20 (6) the Department’s educational institutions

21 for the officers of the uniformed services incorporate

22 into their officer education and training programs,

23 as appropriate, materials necessary to ensure that

24 the officers have the familiarity with the processes,

25 advances, and opportunities in technology develop-
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1 ment that is necessary for making decisions that en2 sure the superiority of United States defense tech3 nology in the future.

4 SEC. 234. INCENTIVES TO PRODUCE INNOVATIVE NEW

5 TECHNOLOGIES.

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

7 Department of Defense profit guidelines established in

8 subpart 215.9 of the Department of Defense Supplement

9 to the Federal Acquisition Regulation shall be modified

10 to place increased emphasis on technical risk as a factor

11 for determining appropriate profit margins and otherwise

12 to provide an increased profit incentive for contractors to

13 develop and produce complex and innovative new tech14 nologies, rather than to produce mature technologies with

15 low technical risk.

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

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

18 Secretary of Defense publishes in the Federal Register

19 final regulations modifying the guidelines in accordance

20 with subsection (a).
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1 SEC. 235. DARPA COMPETITIVE PRIZES AWARD PROGRAM

2 FOR ENCOURAGING DEVELOPMENT OF AD3 VANCED TECHNOLOGIES.

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

5 States Code, is amended by inserting after section 2374

6 the following:

7 ‘‘§ 2374a. Prizes for advanced technology

8 ‘‘(a) AUTHORITY.—The Director of the Defense Ad9 vanced Research Projects Agency may carry out a pro10 gram to award prizes in recognition of outstanding

11 achievements in basic, advanced, and applied research,

12 technology development, and prototype development that

13 have the potential for application to the performance of

14 the military missions of the Department of Defense.

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

16 shall use a competitive process for the selection of recipi17 ents of prizes under this section. The process shall include

18 the widely-advertised solicitation of submissions of re19 search results, technology developments, and prototypes.

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

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

22 plaque, or medal or other emblem.

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

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

25 exceed $10,000,000.
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1 ‘‘(2) No prize competition may result in the award

2 of more than $1,000,000 in cash prizes without the ap3 proval of the Under Secretary of Defense for Acquisition

4 and Technology.

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

6 Director may exercise the authority under this section in

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

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

9 basic, advanced and applied research, technology develop10 ment, or prototype projects.

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

12 each fiscal year, the Director shall submit to the Commit13 tees on Armed Services of the Senate and the House of

14 Representatives a report on the administration of the pro15 gram for the fiscal year. The report shall include the fol16 lowing:

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

18 technology, or prototypes for which prizes were

19 awarded.

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

21 ‘‘(3) The methods used for solicitation and eval22 uation of submissions, together with an assessment

23 of the effectiveness of those methods.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by inserting

3 after the item relating to section 2374 the following:

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

4 SEC. 236. ADDITIONAL PILOT PROGRAM FOR REVITAL5 IZING DEPARTMENT OF DEFENSE LABORA6 TORIES.

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

8 carry out a pilot program to demonstrate improved cooper9 ative relationships with universities and other private sec10 tor entities for the performance of research and develop11 ment functions. The pilot program under this section is

12 in addition to the pilot program carried out under section

13 246 of the Strom Thurmond National Defense Authoriza14 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

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

16 (2) Under the pilot program, the Secretary of De17 fense shall provide the director of one science and tech18 nology laboratory of each military department with au19 thority for the following:

20 (A) To ensure that the defense laboratories can

21 attract a balanced workforce of permanent and tem22 porary personnel with an appropriate level of skills

23 and experience, and can effectively compete in hiring

24 processes to obtain the finest scientific talent.
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1 (B) To waive any restrictions not required by

2 law that apply to the demonstration and implemen3 tation of methods for achieving the objectives in sub4 paragraph (A).

5 (3) In selecting the laboratories for participation in

6 the pilot program, the Secretary shall consider labora7 tories where innovative management techniques have been

8 demonstrated, particularly as documented under sections

9 1115 through 1119 of title 31, United States Code, relat10 ing to Government agency performance and results.

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

12 at each selected laboratory for a period of three years be13 ginning not later than March 1, 2000.

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

15 Secretary of Defense shall submit a report on the imple16 mentation of the pilot program to Congress. The report

17 shall include the following:

18 (A) Each laboratory selected for the pilot pro19 gram.

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

21 innovative concepts that are to be tested at each lab22 oratory or center.

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

24 success of each concept to be tested.
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1 (2) Promptly after the expiration of the period for

2 participation of a laboratory in the pilot program, the Sec3 retary of Defense shall submit to Congress a final report

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

5 The report shall contain the following:

6 (A) A description of the concepts tested.

7 (B) The results of the testing.

8 (C) The lessons learned.

9 (D) Any proposal for legislation that the Sec10 retary recommends on the basis of the experience at

11 the laboratory under the pilot program.

12 SEC. 237. EXEMPTION OF DEFENSE LABORATORY EMPLOY13 EES FROM CERTAIN WORKFORCE MANAGE14 MENT RESTRICTIONS.

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

16 National Defense Authorization Act for Fiscal Year 1995

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

18 adding at the end the following new paragraph:

19 ‘‘(4) The employees of a laboratory covered by a per20 sonnel demonstration project carried out under this sec21 tion shall be exempt from, and may not be counted for

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

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

24 time equivalent positions, supervisory ratios, or maximum

25 number of employees in any category or categories of em-
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1 ployment that may otherwise be applicable to the employ2 ees. The employees shall be managed by the director of

3 the laboratory subject to the supervision of the Under Sec4 retary of Defense for Acquisition and Technology.’’.

5 (b) REDUCTIONS IN FORCE.—Notwithstanding any

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

7 the defense acquisition workforce—

8 (1) the employees of a Department of Defense

9 laboratory shall not be considered as being included

10 in that workforce for the purpose of that provision

11 of law; and

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

13 the reduction under that provision of law, shall con14 sider the size of the required reduction as being low15 ered by—

16 (A) the percent determined by dividing (on

17 the basis of the equivalent of full-time employ18 ees) the total number of employees in the de19 fense acquisition workforce as of the beginning

20 of the reduction in force into the number of lab21 oratory employees that, except for paragraph

22 (1), would otherwise have been considered as

23 being in the workforce to be reduced under that

24 provision of law; or
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1 (B) any other factor that the Secretary de2 termines as being a more appropriate measure

3 for the adjustment.

4 SEC. 238. USE OF WORKING-CAPITAL FUNDS FOR FINANC5 ING RESEARCH AND DEVELOPMENT OF THE

6 MILITARY DEPARTMENTS.

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

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

10 ‘‘(r) RESEARCH, DEVELOPMENT, TEST, AND EVAL11 UATION.—(1) Working-capital funds shall be used for fi12 nancing all research, development, test, and evaluation ac13 tivities and programs of the military departments.

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

15 use of working-capital funds for activities and programs

16 described in paragraph (1):

17 ‘‘(A) Acceptance of reimbursable orders from

18 authorized customers.

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

20 funds available for a military department for re21 search, development, test, and evaluation or any

22 other appropriate source of funds, for goods and

23 services provided to that military department.

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

25 Department of Defense that are applicable to the use and
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1 management of Department of Defense revolving funds

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

3 funds for financing the activities and programs described

4 in paragraph (1).’’.

5 (b) IMPLEMENTATION.—(1) The Secretary of De6 fense shall amend the Department of Defense Financial

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

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

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

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

11 2000, the Under Secretary of Defense (Comptroller) shall

12 submit to the Committees on Armed Services of the Sen13 ate and the House of Representatives written status re14 ports on the progress made in implementing subsection

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

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

17 minimum, include the following:

18 (A) The schedule for completing the key actions

19 necessary for implementation.

20 (B) The progress made in the implementation

21 by the military departments and the other agencies

22 of the Department of Defense through the date of

23 the report.

24 (C) Each delay and obstacle encountered in the

25 implementation, together with an explanation of the
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1 actions taken in each such case to ensure timely im2 plementation.

3 SEC. 239. EFFICIENT UTILIZATION OF DEFENSE LABORA4 TORIES.

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

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

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

8 independent experts under the auspices of the Defense

9 Science Board to conduct an analysis of the resources and

10 capabilities of all of the laboratories and test and evalua11 tion facilities of the Department of Defense, including

12 those of the military departments. In conducting the anal13 ysis, the panel shall identify opportunities to achieve effi14 ciency and reduce duplication of efforts by consolidating

15 responsibilities by area or function or by designating lead

16 agencies or executive agents in cases considered appro17 priate. The panel shall report its findings to the Secretary

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

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

20 a minimum, address the capabilities of the laboratories

21 and test and evaluation facilities in the areas of air vehi22 cles, armaments, command, control, communications, and

23 intelligence, space, directed energy, electronic warfare,

24 medicine, corporate laboratories, civil engineering, geo25 physics, and the environment.
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1 (b) PERFORMANCE REVIEW PROCESS.—Not later

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

3 the Secretary of Defense shall develop an appropriate per4 formance review process for rating the quality and rel5 evance of work performed by the Department of Defense

6 laboratories. The process shall include customer evaluation

7 and peer review by Department of Defense personnel and

8 appropriate experts from outside the Department of De9 fense. The process shall provide for rating all laboratories

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

11 TITLE III—OPERATION AND

12 MAINTENANCE

13 Subtitle A—Authorization of

14 Appropriations

15 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

16 (a) AMOUNTS AUTHORIZED.—Funds are hereby au17 thorized to be appropriated for fiscal year 2000 for the

18 use of the Armed Forces and other activities and agencies

19 of the Department of Defense for expenses, not otherwise

20 provided for, for operation and maintenance, in amounts

21 as follows:

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

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

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

25 (4) For the Air Force, $20,382,403,000.
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1 (5) For Defense-wide activities,

2 $10,963,033,000.

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

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

5 (8) For the Marine Corps Reserve,

6 $125,766,000.

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

8 (10) For the Army National Guard,

9 $2,912,249,000.

10 (11) For the Air National Guard,

11 $3,119,518,000.

12 (12) For the Defense Inspector General,

13 $138,244,000.

14 (13) For the United States Court of Appeals

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

16 (14) For Environmental Restoration, Army,

17 $378,170,000.

18 (15) For Environmental Restoration, Navy,

19 $284,000,000.

20 (16) For Environmental Restoration, Air Force,

21 $376,800,000.

22 (17) For Environmental Restoration, Defense23 wide, $25,370,000.

24 (18) For Environmental Restoration, Formerly

25 Used Defense Sites, $199,214,000.
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1 (19) For Overseas Humanitarian, Demining,

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

3 (20) For Drug Interdiction and Counter-drug

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

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

6 Remediation, and Environmental Restoration Trust

7 Fund, $15,000,000.

8 (22) For Medical Programs, Defense,

9 $10,453,487,000.

10 (23) For Cooperative Threat Reduction pro11 grams, $475,500,000.

12 (24) For Overseas Contingency Operations

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

14 (25) For Combating Terrorism Activities

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

16 (26) For quality of life enhancements,

17 $1,845,370,000.

18 (27) For defense transfer programs,

19 $31,000,000.

20 (b) GENERAL LIMITATION.—Notwithstanding para21 graphs (1) through (27) of subsection (a), the total

22 amount authorized to be appropriated for fiscal year 2000

23 under those paragraphs is $104,042,075,000.
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1 SEC. 302. WORKING-CAPITAL FUNDS.

2 Funds are hereby authorized to be appropriated for

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

4 activities and agencies of the Department of Defense for

5 providing capital for working-capital and revolving funds

6 in amounts as follows:

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

8 $62,344,000.

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

10 Force, $28,000,000.

11 (3) For the National Defense Sealift Fund,

12 $394,700,000.

13 SEC. 303. ARMED FORCES RETIREMENT HOME.

14 There is hereby authorized to be appropriated for fis15 cal year 2000 from the Armed Forces Retirement Home

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

17 the Armed Forces Retirement Home, including the United

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

19 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK20 PILE TRANSACTION FUND.

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

22 in appropriations Acts, not more than $150,000,000 is au23 thorized to be transferred from the National Defense

24 Stockpile Transaction Fund to operation and maintenance

25 accounts for fiscal year 2000 in amounts as follows:

26 (1) For the Army, $50,000,000.
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1 (2) For the Navy, $50,000,000.

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

3 (b) TREATMENT OF TRANSFERS.—Amounts trans4 ferred under this section—

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

6 the same purposes and the same period as, the

7 amounts in the accounts to which transferred; and

8 (2) may not be expended for an item that has

9 been denied authorization of appropriations by Con10 gress.

11 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR12 ITY.—The transfer authority provided in this section is in

13 addition to the transfer authority provided in section

14 1001.

15 Subtitle B—Program Require16 ments, Restrictions, and Limita17 tions

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

19 Of the amount authorized to be appropriated pursu20 ant to section 301(a)(1) for operation and maintenance

21 for the Army, $216,400,000 shall be available for con22 tributions for the common-funded Military Budget of the

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

2 FUNDING FOR PAY AND ALLOWANCES OF

3 SPECIAL OPERATIONS COMMAND RESERVES

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

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

8 amended by adding at the end the following:

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

10 fiscal year for humanitarian and civic assistance described

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

13 Operations Command for periods of duty for which the

14 personnel, for a humanitarian purpose, furnish education

15 and training on the detection and clearance of landmines

16 or furnish related technical assistance.’’.

17 SEC. 313. NATIONAL DEFENSE FEATURES PROGRAM.

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

19 amended—

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

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

24 ‘‘(k) CONTRACTS FOR INCORPORATION OF DEFENSE

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

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

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

4 more commercial vessels owned or controlled by the offeror

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

7 (c)(1)(C).

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

10 sum, annual payments, or any combination thereof for

11 costs associated with the installation and maintenance of

12 the defense features on one or more commercial vessels,

13 as follows:

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

15 any defense feature in a vessel.

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

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

19 loss of revenue attributable to the installation or

20 maintenance of any defense feature on a vessel.

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

22 terms and conditions of the contract.

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

24 provides advance payments for the costs associated with

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

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

3 of a preferred mortgage under section 31322 of title 46

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

5 order adequately to protect the United States against loss

6 for the total amount of those costs.

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

8 shall—

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

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

11 owned or controlled by the contractor, the contractor

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

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

16 vessel for the Department of Defense shall be paid

17 for that operation at fair and reasonable rates.

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

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

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

22 redesignated by paragraph (1), the following:

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

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

25 title.’’.
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1 Subtitle C—Environmental

2 Provisions

3 SEC. 321. ENVIRONMENTAL TECHNOLOGY MANAGEMENT.

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

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

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

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

13 military departments;

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

16 of environmental technology within the military de17 partments; and

18 (4) to promote improvement in the performance

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

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

2 section:

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

4 technology

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

9 development, and evaluation of environmental technologies

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

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

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

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

18 technologies within the Department of Defense;

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

22 objectives for the development of environmental

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

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

2 concerned in preparing the annual performance

3 plans and performance reports required by this sec4 tion;

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

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

8 technology projects; and

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

11 technology projects by the officials referred to in

12 that paragraph is not feasible, establish a schedule

13 for meeting the performance plan requirements set

14 forth in subsection (c).

15 ‘‘(c) RESPONSIBILITIES WITHIN DEPARTMENT OF

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

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

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

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

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

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

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

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

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

13 between the Department of Defense and other public

14 and private entities and persons;

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

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

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

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

2 States interests in any intellectual property rights

3 associated with environmental technologies developed

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

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

7 the environmental technology program of a department or

8 agency for a fiscal year shall—

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

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

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

15 objectives in a quantifiable and measurable form;

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

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

18 with the performance objectives for the project for

19 the fiscal year;

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

22 specify the extent to which such validation is not

23 possible;

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

2 and

3 ‘‘(E) establish mechanisms for determining the

4 operational processes, skills and technology, human

5 capital, information, or other resources necessary to

6 meet the performance objectives for each project for

7 the fiscal year.

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

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

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

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

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

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

16 program of the Department—

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

20 with respect to the project in light of performance

21 indicators for the project;

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

23 met the performance objectives established for the

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

2 objectives for the project for the fiscal year,

3 include—

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

5 project to meet the performance objectives; and

6 ‘‘(ii) either—

7 ‘‘(I) a modified schedule for meeting

8 the performance objectives; or

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

10 objective determined to be impracticable or

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

13 the project; and

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

15 funds obligated and expended, in the fiscal year for

16 the achievement of each performance objective for

17 the project.

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

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

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

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

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

2 program of the Army or any environmental program

3 technology for which the Army is the executive

4 agent.

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

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

7 environmental technology program of the Navy or

8 any environmental technology program for which the

9 Navy is the executive agent.

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

11 Force (Environment, Safety, and Occupational

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

15 is the executive agent.’’.

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

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

18 by inserting after the item relating to section 2358 the

19 following new item:

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

3 CLOSED OR REALIGNED UNDER THE BASE

4 CLOSURE LAWS AND FOR FORMERLY USED

5 DEFENSE SITES.

6 (a) ACCOUNT FOR FORMERLY USED DEFENSE

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

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

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

12 Defense Sites’.’’.

13 (b) ACCOUNT FOR DEFENSE BASE CLOSURE AND

14 REALIGNMENT.—That subsection is further amended by

15 adding at the end the following new paragraph:

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

18 and Realignment’.’’.

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

21 amended—

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

24 authorized’’; and

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

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

4 obligated and expended from the account only for carrying

5 out environmental restoration required as the result of the

6 closure or realignment of military installations pursuant

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

8 source of funds for such environmental restoration.

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

10 closure law’ means the following:

11 ‘‘(i) Section 2687 of this title.

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

14 Law 101–510; 10 U.S.C. 2687 note).

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

16 Amendments and Base Closure and Realignment

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

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

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

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

22 (d) TRANSFER OF BRAC ENVIRONMENTAL RES23 TORATION FUNDS.—The Secretary of Defense shall trans24 fer from the Department of Defense Base Closure Account

25 1990 established by section 2906(a) of the Defense Base
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1 Closure and Realignment Act of 1990 (part A of title

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

3 the Environmental Restoration Account, Defense Base

4 Closure and Realignment established by section

5 2703(a)(6) of title 10, United States Code (as amended

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

7 in the Department of Defense Base Closure Account 1990

8 as of October 1, 2000, as the Secretary determines nec9 essary to carry out environmental restoration in accord10 ance with section 2703(b)(2) of title 10, United States

11 Code (as amended by subsection (c)(1)).

12 (e) FUNDING OF ADMINISTRATIVE EXPENSES AND

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

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

15 ‘‘(g) FUNDING.—(1) Except as provided in para16 graph (2), funds in the accounts established by section

17 2703(a) of this title shall be available for administrative

18 expenses and technical assistance under this section.

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

20 2703(a)(6) of this title shall be available for administra21 tive expenses and technical assistance under this section

22 with respect to an installation approved for closure or re23 alignment under a base closure law only to the extent that

24 the base closure law under which the installation is being

25 closed or realigned provides for the funding of environ-
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1 mental restoration at the installation from an account es2 tablished for purposes of carrying out the closure or re3 alignment of installations.’’.

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

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

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

7 of this Act.

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

9 shall take effect on October 1, 2000.

10 SEC. 323. EXTENSION OF LIMITATION ON PAYMENT OF

11 FINES AND PENALTIES USING FUNDS IN EN12 VIRONMENTAL RESTORATION ACCOUNTS.

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

14 amended by striking ‘‘through 1999,’’ both places it ap15 pears and inserting ‘‘through 2010,’’.

16 SEC. 324. MODIFICATION OF REQUIREMENTS FOR ANNUAL

17 REPORTS ON ENVIRONMENTAL COMPLIANCE

18 ACTIVITIES.

19 (a) MODIFICATION OF REQUIREMENTS.—Subsection

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

21 amended to read as follows:

22 ‘‘(b) REPORT ON ENVIRONMENTAL QUALITY PRO23 GRAMS AND OTHER ENVIRONMENTAL ACTIVITIES.—(1)

24 The Secretary of Defense shall submit to Congress each

25 year, not later than 45 days after the date on which the
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1 President submits to Congress the budget for a fiscal year,

2 a report on the progress made in carrying out activities

3 under the environmental quality programs of the Depart4 ment of Defense and the military departments.

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

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

7 program of the Department of Defense, and of each

8 of the military departments, during the period con9 sisting of the four fiscal years preceding the fiscal

10 year in which the report is submitted, the fiscal year

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

12 following the fiscal year in which the report is sub13 mitted, including—

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

15 the program—

16 ‘‘(I) the amount expended, or pro17 posed to be expended, in each fiscal year of

18 the period;

19 ‘‘(II) an explanation for any signifi20 cant change in the aggregate amount to be

21 expended in the fiscal year in which the re22 port is submitted, and in the following fis23 cal year, when compared with the fiscal

24 year preceding each such fiscal year; and
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1 ‘‘(III) an assessment of the manner in

2 which the scope of the activities have

3 changed over the course of the period; and

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

5 of the program and of any major problems with

6 the program.

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

8 necessary to support the environmental quality pro9 gram of the Department of Defense, and of each of

10 the military departments, during the period de11 scribed in subparagraph (A) the cost of which has

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

13 including—

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

15 the United States and of the projects outside

16 the United States;

17 ‘‘(ii) for each project commenced during

18 the first four fiscal years of the period—

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

20 budget request for the project;

21 ‘‘(II) the aggregate amount allocated

22 to the project through the fiscal year pre23 ceding the fiscal year in which the report

24 is submitted; and
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1 ‘‘(III) the aggregate amount obligated

2 for the project through that fiscal year;

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

4 commenced in the fiscal year in which the re5 port is submitted—

6 ‘‘(I) the amount specified for the

7 project in the budget for the fiscal year;

8 and

9 ‘‘(II) the amount allocated to the

10 project in the fiscal year;

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

12 the last fiscal year of the period, the amount,

13 if any, specified for the project in the budget

14 for the fiscal year; and

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

16 any project covered by the report will exceed by

17 more than 25 percent the amount specified in

18 the initial budget request for such project, a

19 justification for that variance.

20 ‘‘(C) A statement of the fines and penalties im21 posed or assessed against the Department of De22 fense and the military departments under Federal,

23 State, or local environmental laws during the fiscal

24 year in which the report is submitted and the four

25 preceding fiscal years, setting forth—
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1 ‘‘(i) each Federal environmental statute

2 under which a fine or penalty was imposed or

3 assessed during each such fiscal year;

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

5 statute—

6 ‘‘(I) the aggregate amount of fines

7 and penalties imposed under the statute

8 during each such fiscal year;

9 ‘‘(II) the aggregate amount of fines

10 and penalties paid under the statute dur11 ing each such fiscal year; and

12 ‘‘(III) the total amount required dur13 ing such fiscal years for supplemental envi14 ronmental projects in lieu of the payment

15 of a fine or penalty under the statute and

16 the extent to which the cost of such

17 projects during such fiscal years has ex18 ceeded the original amount of the fine or

19 penalty; and

20 ‘‘(iii) the amount of fines and penalties im21 posed or assessed during each such fiscal year

22 with respect to each military installation inside

23 and outside the United States.

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

25 and anticipated to be expended, during the period
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1 described in subparagraph (A) for any activities

2 overseas relating to the environment, including

3 amounts for activities relating to environmental re4 mediation, compliance, conservation, pollution pre5 vention, and environmental technology and amounts

6 for conferences, meetings, and studies for pilot pro7 grams, and for travel related to such activities.’’.

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

9 amended—

10 (1) by striking subsection (d); and

11 (2) by redesignating subsection (e) as sub12 section (d).

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

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

15 amended by adding at the end the following:

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

17 means a program of activities relating to environ18 mental compliance, conservation, pollution preven19 tion, environmental technology, and such other ac20 tivities relating to environmental quality as the Sec21 retary concerned may designate for purposes of the

22 program.

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

24 an environmental quality program, means the fol25 lowing activities under the program:
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1 ‘‘(A) Environmental compliance activities.

2 ‘‘(B) Conservation activities.

3 ‘‘(C) Pollution prevention activities.

4 ‘‘(D) Activities relating to environmental

5 technology.’’.

6 SEC. 325. MODIFICATION OF MEMBERSHIP OF STRATEGIC

7 ENVIRONMENTAL RESEARCH AND DEVELOP8 MENT PROGRAM COUNCIL.

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

10 is amended by striking ‘‘Director of Defense Research and

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

12 Defense for Science and Technology’’.

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

14 AIR POLLUTION EMISSION REDUCTION IN15 CENTIVES.

16 Section 351(a)(2) of the National Defense Authoriza17 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

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

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

20 ending two years after such date’’ and inserting ‘‘begin21 ning on November 18, 1997, and ending on September

22 30, 2001’’.
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1 SEC. 327. REIMBURSEMENT OF ENVIRONMENTAL PROTEC2 TION AGENCY FOR CERTAIN COSTS IN CON3 NECTION WITH FRESNO DRUM SUPERFUND

4 SITE, FRESNO, CALIFORNIA.

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

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

7 Drum Special Account within the Hazardous Substance

8 Superfund established by section 9507 of the Internal

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

10 Environmental Protection Agency for costs incurred by

11 the Agency for actions taken under CERCLA at the Fres12 no Industrial Supply, Inc., site in Fresno, California, the

13 following amounts:

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

15 costs incurred by the Agency.

16 (2) The amount of the costs identified as ‘‘in17 terest’’ costs pursuant to the agreement known as

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

19 Payment of Future Response Costs and Recovery of

20 Past Response Costs In the Matter of: Fresno In21 dustrial Supply Inc. Site, Fresno, California’’ that

22 was entered into by the Department of Defense and

23 the Environmental Protection Agency on May 22,

24 1998.
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1 (b) SOURCE OF FUNDS FOR PAYMENT.—(1) Subject

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

3 be made using the following amounts:

4 (A) Amounts authorized to be appropriated by

5 section 301 to the Environmental Restoration Ac6 count, Defense, established by section 2703(a)(1) of

7 title 10, United States Code.

8 (B) Amounts authorized to be appropriated by

9 section 301 to the Environmental Restoration Ac10 count, Army, established by section 2703(a)(2) of

11 that title.

12 (C) Amounts authorized to be appropriated by

13 section 301 to the Environmental Restoration Ac14 count, Navy, established by section 2703(a)(3) of

15 that title.

16 (D) Amounts authorized to be appropriated by

17 section 301 to the Environmental Restoration Ac18 count, Air Force, established by section 2703(a)(4)

19 of that title.

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

21 that is derived from any account referred to in that para22 graph shall bear the same ratio to the total amount of

23 such payment as the amount of the hazardous substances

24 at the Fresno Industrial Supply, Inc., site that are attrib-
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1 utable to the department concerned bears to the total

2 amount of the hazardous substances at that site.

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

4 ‘‘CERCLA’’ means the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

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

7 SEC. 328. PAYMENT OF STIPULATED PENALTIES ASSESSED

8 UNDER CERCLA IN CONNECTION WITH F.E.

9 WARREN AIR FORCE BASE, WYOMING.

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

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

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

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

14 Force Base, Wyoming, under the Comprehensive Environ15 mental Response, Compensation, and Liability Act of

16 1980 (42 U.S.C. 9601 et seq.).

17 (b) SOURCE OF FUNDS FOR PAYMENT.—Any pay18 ment under subsection (a) shall be made using amounts

19 authorized to be appropriated by section 301 to the Envi20 ronmental Restoration Account, Air Force, established by

21 section 2703(a)(4) of title 10, United States Code.
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1 Subtitle D—Other Matters

2 SEC. 341. EXTENSION OF WARRANTY CLAIMS RECOVERY

3 PILOT PROGRAM.

4 Section 391(f) of the National Defense Authorization

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

6 1716; 10 U.S.C. 2304 note) is amended by striking ‘‘Sep7 tember 30, 1999’’ and inserting ‘‘September 30, 2000’’.

8 SEC. 342. ADDITIONAL MATTERS TO BE REPORTED BE9 FORE PRIME VENDOR CONTRACT FOR

10 DEPOT-LEVEL MAINTENANCE AND REPAIR IS

11 ENTERED INTO.

12 Section 346(a) of the Strom Thurmond National De13 fense Authorization Act for Fiscal Year 1999 (Public Law

14 105–261; 112 Stat. 1979; 10 U.S.C. 2464 note) is

15 amended—

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

17 (1);

18 (2) by striking the period at the end of para19 graph (2) and inserting a semicolon; and

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

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

22 the contract conforms to the requirements of section

23 2466 of title 10, United States Code; and

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

25 that the contract does not violate the core logistics
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1 policies, requirements, and restrictions set forth in

2 section 2464 of that title.’’.

3 SEC. 343. IMPLEMENTATION OF JOINTLY APPROVED

4 CHANGES IN DEFENSE RETAIL SYSTEMS.

5 (a) RECOMMENDATIONS OF JOINT EXCHANGE DUE

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

7 Strom Thurmond National Defense Authorization Act for

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

9 10 U.S.C. 2482 note) is amended by striking ‘‘may not

10 be implemented unless implementation of the rec11 ommendation’’ and inserting ‘‘may be implemented only

12 if implementation of the recommendation is approved by

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

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

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

16 inserting ‘‘Except as provided in subsection (c), the oper17 ation’’.

18 SEC. 344. WAIVER OF REQUIRED CONDITION FOR SALES

19 OF ARTICLES AND SERVICES OF INDUSTRIAL

20 FACILITIES TO PURCHASERS OUTSIDE THE

21 DEPARTMENT OF DEFENSE

22 (a) SALES TO DEFENSE CONTRACTORS.—Section

23 2208(j) of title 10, United States Code, is amended—

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

25 subparagraphs (A) and (B), respectively;
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1 (2) by inserting ‘‘(1)’’ after ‘‘(j)’’; and

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

3 ‘‘(2) WAIVER AUTHORITY.—The Secretary of De4 fense may waive the requirement for the conditions in

5 paragraph (1) in the case of a particular sale if the Sec6 retary determines that the waiver is necessary for reasons

7 of national security and notifies Congress regarding the

8 reasons for the waiver.’’.

9 (b) SALES TO PURCHASERS GENERALLY.—Section

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

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

12 and (g) as subsections (e), (f), (g), and (h), respec13 tively; and

14 (2) by inserting after subsection (c) the fol15 lowing new subsection (d):

16 ‘‘(d) WAIVER AUTHORITY.—The Secretary of De17 fense may waive the requirement for the condition in sub18 sections (a)(1) and (c)(1) in the case of a particular sale

19 if the Secretary determines that the waiver is necessary

20 for reasons of national security and notifies Congress re21 garding the reasons for the waiver.’’.
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1 SEC. 345. ELIGIBILITY TO RECEIVE FINANCIAL ASSIST2 ANCE AVAILABLE FOR LOCAL EDUCATIONAL

3 AGENCIES THAT BENEFIT DEPENDENTS OF

4 DEPARTMENT OF DEFENSE PERSONNEL.

5 Section 386(c)(1) of the National Defense Authoriza6 tion Act for Fiscal Year 1993 (Public Law 102–484; 20

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

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

9 were’’.

10 SEC. 346. USE OF SMART CARD TECHNOLOGY IN THE DE11 PARTMENT OF DEFENSE.

12 (a) LEADERSHIP, PLANNING, AND EXECUTION OF

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

14 1999, the Secretary of Defense shall designate the Depart15 ment of the Navy to be the lead agency for the develop16 ment and implementation of a Smart Card program for

17 the Department of Defense effective as of the date of the

18 designation.

19 (2) The Secretary of Defense shall direct the Sec20 retary of the Army and the Secretary of the Air Force

21 to establish Smart Card project offices for the Department

22 of the Army and the Department of the Air Force, respec23 tively, not later than November 30, 1999. The designated

24 offices shall coordinate closely with the lead agency to de25 velop implementation plans for exploiting the capability of

26 Smart Card technology as a means for enhancing readi-
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1 ness and improving business processes throughout the

2 military departments.

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

4 of Defense shall establish a senior coordinating group

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

6 The group shall include senior representatives from each

7 of the Armed Forces. The senior coordinating group shall

8 develop and implement Department-wide interoperability

9 standards for use of Smart Card technology and a plan

10 to exploit Smart Card technology as a means for enhanc11 ing readiness and improving business processes.

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

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

14 Navy, shall each develop and implement a program to

15 demonstrate the benefits of Smart Card technology in the

16 Army and the Air Force, respectively.

17 (b) INCREASED USE TARGETED TO CERTAIN NAVAL

18 REGIONS.—Not later than November 30, 1999, the Sec19 retary of the Navy shall establish a business plan to imple20 ment the use of Smart Cards in one major Naval region

21 of the continental United States that is in the area of op22 erations of the United States Atlantic Command and one

23 major Naval region of the continental United States that

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

25 Command. The regions selected shall include a major fleet
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1 concentration area. The implementation of the use of

2 Smart Cards in each region shall cover the Navy and Ma3 rine Corps bases and all non-deployed units in the region.

4 The Secretary of the Navy shall submit the business plan

5 to the congressional defense committees.

6 (c) FUNDING FOR INCREASED USE OF SMART

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

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

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

10 (A) shall allocate sufficient amounts, up to

11 $30,000,000, for ensuring that significant progress

12 is made toward complete implementation of the use

13 of Smart Card technology in the Department of the

14 Navy; and

15 (B) may allocate additional amounts for the

16 conversion of paper-based records to electronic

17 media for records systems that have been modified

18 to use Smart Card technology.

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

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

21 Army demonstration programs under subsection (a)(4). Of

22 the funds authorized to be appropriated under section

23 301(a)(4), up to $5,000,000 shall be available for Air

24 Force demonstration programs under subsection (a)(4).
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1 (d) REPORT.—Not later than March 31, 2000, the

2 Secretary of Defense shall submit to the Committees on

3 Armed Services of the Senate and the House of Represent4 atives a report containing a detailed discussion of the

5 progress made by the senior coordinating group in car6 rying out its duties under subsection (a)(3).

7 (e) DEFINITIONS.—In this section:

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

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

10 personnel, that contains one or more integrated cir11 cuits and may also employ one or more of the fol12 lowing technologies:

13 (A) Magnetic stripe.

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

15 (C) Non-contact and radio frequency

16 transmitters.

17 (D) Biometric information.

18 (E) Encryption and authentication.

19 (F) Photo identification.

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

21 a Smart Card together with all of the associated in22 formation technology hardware and software that

23 comprise the system for support and operation.

24 (f) REPEAL OF REQUIREMENT FOR AUTOMATED

25 IDENTIFICATION TECHNOLOGY OFFICE.—Section 344(b)
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1 of the Strom Thurmond National Defense Authorization

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

3 1977; 10 U.S.C. 113 note) is repealed.

4 SEC. 347. STUDY ON USE OF SMART CARD AS PKI AUTHEN5 TICATION DEVICE CARRIER FOR THE DE6 PARTMENT OF DEFENSE.

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

8 shall conduct a study to determine the potential benefits

9 of Department of Defense use of the Smart Card for ad10 dressing the need of the Department of Defense for a Pub11 lic-Private Key Infrastructure (PKI) authentication device

12 carrier.

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

14 Secretary shall submit to the Committees on Armed Serv15 ices of the Senate and the House of Representatives a re16 port on the results of the study. The report shall include

17 the Secretary’s findings and any recommendations that

18 the Secretary considers appropriate regarding Department

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

20 identified in subsection (a).

21 (c) DEFINITIONS.—In this section:

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

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

24 personnel, that contains one or more integrated cir-
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1 cuits and may also employ one or more of the fol2 lowing technologies:

3 (A) Magnetic stripe.

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

5 (C) Non-contact and radio frequency

6 transmitters.

7 (D) Biometric information.

8 (E) Encryption and authentication.

9 (F) Photo identification.

10 (2) The term ‘‘Public-Private Key Infrastruc11 ture (PKI) authentication device carrier’’ means a

12 device that physically stores, carries, and employs

13 electronic authentication or encryption keys nec14 essary to create a unique digital signature, digital

15 certificate, or other mark on an electronic document

16 or file.

17 SEC. 348. REVISION OF AUTHORITY TO DONATE CERTAIN

18 ARMY MATERIEL FOR FUNERAL CERE19 MONIES.

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

21 States Code, is amended—

22 (1) in subsection (a)(1)—

23 (A) by striking ‘‘lend obsolete or con24 demned rifles (not more than 10)’’ and insert-
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1 ing ‘‘conditionally lend or donate excess M1 ri2 fles (not more than 15)’’; and

3 (B) by striking ‘‘any local unit of any na4 tional veterans’ organization recognized by the

5 Department of Veterans Affairs, for use by that

6 unit’’ and inserting ‘‘a unit or other organiza7 tion of honor guards recognized by the Sec8 retary of the Army as honor guards for a na9 tional cemetery, a law enforcement agency, or a

10 local unit of any organization that, as deter11 mined by the Secretary of the Army, is a na12 tionally recognized veterans’ organization, for

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

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

15 ‘‘(c) CONDITIONS ON DONATIONS.—In lending or do16 nating rifles under subsection (a), the Secretary of the

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

18 that the Secretary considers appropriate.’’.

19 (b) TECHNICAL AMENDMENTS.—Such section is fur20 ther amended—

21 (1) in subsection (a), by inserting ‘‘AUTHOR22 ITY.—’’ after ‘‘(a)’’; and

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

24 FROM LIABILITY.—’’ after ‘‘(b)’’.
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1 TITLE IV—MILITARY

2 PERSONNEL AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

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

7 (1) The Army, 480,000.

8 (2) The Navy, 371,781.

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

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

11 SEC. 402. REVISION IN PERMANENT END STRENGTH LEV12 ELS.

13 (a) REVISED END STRENGTH FLOORS.—Subsection

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

15 amended—

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

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

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

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

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

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

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

23 this section shall take effect on October 1, 1999.
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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.
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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
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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.
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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.
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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.
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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-
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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:
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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
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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.’’.
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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.
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1 SEC. 503. INCREASE IN MAXIMUM NUMBER OF OFFICERS

2 AUTHORIZED TO BE ON ACTIVE-DUTY LIST IN

3 FROCKED GRADE OF BRIGADIER GENERAL

4 OR REAR ADMIRAL.

5 Section 777(d)(1) of title 10, United States Code, is

6 amended by striking ‘‘the following:’’ and all that follows

7 and inserting ‘‘55.’’.

8 SEC. 504. RESERVE OFFICERS REQUESTING OR OTHER9 WISE CAUSING NONSELECTION FOR PRO10 MOTION.

11 (a) REPORTING REQUIREMENT.—Section 617(c) of

12 title 10, United States Code, is amended by striking ‘‘reg13 ular’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall take effect on the date of the enact16 ment of this Act and shall apply with respect to boards

17 convened under section 611(a) of title 10, United States

18 Code, on or after that date.

19 SEC. 505. MINIMUM GRADE OF OFFICERS ELIGIBLE TO

20 SERVE ON BOARDS OF INQUIRY.

21 (a) RETENTION BOARDS FOR REGULAR OFFICERS.—

22 Section 1187 of title 10, United States Code, is amended

23 to read as follows:

24 ‘‘(a) ACTIVE DUTY OFFICERS.—Each officer who

25 serves on a board convened under this chapter shall—
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1 ‘‘(1) be an officer of the same armed force as

2 the officer being required to show cause for reten3 tion on active duty;

4 ‘‘(2) be serving on active duty in a grade that—

5 ‘‘(A) in the case of the President of the

6 board, is above lieutenant colonel or com7 mander; or

8 ‘‘(B) in the case of any other member of

9 the board, is above major or lieutenant com10 mander; and

11 ‘‘(3) be senior in grade and rank to any officer

12 considered by that board.

13 ‘‘(b) RETIRED OFFICERS.—If qualified officers on ac14 tive duty are not available in sufficient numbers to com15 prise a board convened under this chapter, the Secretary

16 of the military department concerned shall complete the

17 membership of the board by appointing retired officers of

18 the same armed force whose retired grade—

19 ‘‘(1) is—

20 ‘‘(A) in the case of the President of the

21 board, above lieutenant colonel or commander;

22 or

23 ‘‘(B) in the case of any other member of

24 the board, above major or lieutenant com25 mander; and
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1 ‘‘(2) is senior to the grade of any officer consid2 ered by the board.

3 ‘‘(c) INELIGIBILITY BY REASON OF PREVIOUS CON4 SIDERATION OF CASE.—No person may be a member of

5 more than one board convened under this chapter to con6 sider the same officer.

7 ‘‘(d) EXCLUSION FROM STRENGTH LIMITATION.—A

8 retired general or flag officer who is on active duty for

9 the purpose of serving on a board convened under this

10 chapter shall not, while so serving, be counted against any

11 limitation on the number of general and flag officers who

12 may be on active duty.’’.

13 (b) RETENTION BOARDS FOR RESERVE OFFICERS.—

14 Subsection (a) of section 14906 of such title is amended

15 to read as follows:

16 ‘‘(a) ACTIVE STATUS OFFICERS.—Each officer who

17 serves on a board convened under this chapter shall—

18 ‘‘(1) be an officer of the same armed force as

19 the officer being required to show cause for reten20 tion in an active status;

21 ‘‘(2) hold a grade that—

22 ‘‘(A) in the case of the President of the

23 board, is above lieutenant colonel or com24 mander; or
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1 ‘‘(B) in the case of any other member of

2 the board, is above major or lieutenant com3 mander; and

4 ‘‘(3) be senior in grade and rank to any officer

5 considered by that board.’’.

6 SEC. 506. MINIMUM SELECTION OF WARRANT OFFICERS

7 FOR PROMOTION FROM BELOW THE PRO8 MOTION ZONE.

9 Section 575(b)(2) of title 10, United States Code, is

10 amended by adding at the end the following new sentence:

11 ‘‘If the number determined under this subsection with re12 spect to a promotion zone within a grade (or grade and

13 competitive category) is less than one, the board may rec14 ommend one such officer for promotion from below the

15 zone within that grade (or grade and competitive cat16 egory).’’.

17 SEC. 507. INCREASE IN THRESHOLD PERIOD OF ACTIVE

18 DUTY FOR APPLICABILITY OF RESTRICTION

19 ON HOLDING OF CIVIL OFFICE BY RETIRED

20 REGULAR OFFICERS AND RESERVE OFFI21 CERS.

22 Section 973(b)(1) of title 10, United States Code, is

23 amended—

24 (1) in subparagraph (B), by striking ‘‘180

25 days’’ and inserting ‘‘270 days’’; and
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1 (2) in subparagraph (C), by striking ‘‘180

2 days’’ and inserting ‘‘270 days’’.

3 SEC. 508. EXEMPTION OF RETIREE COUNCIL MEMBERS

4 FROM RECALLED RETIREE LIMITS.

5 Section 690(b)(2) of title 10, United States Code, is

6 amended by adding at the end the following new subpara7 graph (D):

8 ‘‘(D) Any member of the Retiree Council of the

9 Army, Navy, or Air Force for the period on active

10 duty to attend the annual meeting of the Retiree

11 Council.’’.

12 Subtitle B—Reserve Component

13 Matters

14 SEC. 511. ADDITIONAL EXCEPTIONS FOR RESERVE COM15 PONENT GENERAL AND FLAG OFFICERS

16 FROM LIMITATION ON AUTHORIZED

17 STRENGTH OF GENERAL AND FLAG OFFI18 CERS ON ACTIVE DUTY.

19 Section 526(d) of title 10, United States Code, is

20 amended to read as follows:

21 ‘‘(d) EXCLUSION OF CERTAIN RESERVE COMPONENT

22 OFFICERS.—(1) The limitations of this section do not

23 apply to the following reserve component general or flag

24 officers:

25 ‘‘(A) An officer on active duty for training.
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1 ‘‘(B) An officer on active duty under a call or

2 order specifying a period of less than 180 days.

3 ‘‘(2) Up to 25 reserve component general and flag

4 officers serving on active duty at any one time under calls

5 or orders specifying periods of 180 days or more may be

6 excluded from the limitations of this section. Officers ex7 cluded under the preceding sentence are in addition to any

8 other reserve component general or flag officers on active

9 duty under calls or orders specifying periods of 180 days

10 or more who are excluded from the limitations of this sec11 tion under authority other than this paragraph.’’.

12 SEC. 512. DUTIES OF RESERVES ON ACTIVE DUTY IN SUP13 PORT OF THE RESERVES.

14 (a) DUTIES.—Section 12310 of title 10, United

15 States Code, is amended—

16 (1) by redesignating subsection (b) as sub17 section (d) and transferring such subsection, as so

18 redesignated, to the end of the section; and

19 (2) by inserting after subsection (a) the fol20 lowing new subsection (b):

21 ‘‘(b) DUTIES.—A Reserve on active duty as described

22 in subsection (a) may be assigned only duties in connec23 tion with the functions described in that subsection, which

24 may include the following:
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1 ‘‘(1) Supporting operations or missions as2 signed in whole or in part to reserve components.

3 ‘‘(2) Supporting operations or missions per4 formed or to be performed by—

5 ‘‘(A) a unit composed of elements from

6 more than one component of the same armed

7 force; or

8 ‘‘(B) a joint forces unit that includes—

9 ‘‘(i) one or more reserve component

10 units; or

11 ‘‘(ii) if no reserve component unit, any

12 member of a reserve component whose re13 serve component assignment is in a posi14 tion in an element of the joint forces unit.

15 ‘‘(3) Advising the Secretary of Defense, the

16 Secretary of a military department, the Joint Chiefs

17 of Staff, or the commander of a unified combatant

18 command regarding reserve component matters.’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

20 Section 12310 of title 10, United States Code, is

21 amended—

22 (1) in subsection (a), by inserting ‘‘GRADE.—’’

23 after ‘‘(a)’’;

24 (2) in subsection (c)(1), by striking ‘‘(c)(1) A

25 Reserve’’ and inserting ‘‘(c) DUTIES RELATING TO
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1 DEFENSE AGAINST WEAPONS OF MASS DESTRUC2 TION.—(1) Notwithstanding subsection (b), a Re3 serve’’; and

4 (3) in subsection (d), as redesignated and

5 transferred by subsection (a)(1), by inserting

6 ‘‘TRAINING.—’’ after ‘‘(d)’’.

7 (c) REVIEW OF USE OF RESERVES ON ACTIVE DUTY

8 IN SUPPORT OF THE RESERVES.—(1) The Secretary of

9 Defense shall review how the Reserves on active duty in

10 support of the reserves are used in relation to the duties

11 set forth under subsection (b) of section 12310 of title

12 10, United States Code, as added by subsection (a)(2).

13 (2) Not later than March 1, 2000, the Secretary shall

14 submit a report on the results of the review to the Com15 mittees on Armed Services of the Senate and the House

16 of Representatives. The report shall address, at a min17 imum, the following issues:

18 (1) Whether the Reserves on active duty in sup19 port of the reserve should be considered as a sepa20 rate category of Reserves on active duty.

21 (2) Whether those Reserves should be counted

22 within the active component end strengths and fund23 ed by the appropriations for active component mili24 tary personnel.
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1 SEC. 513. REPEAL OF LIMITATION ON NUMBER OF RE2 SERVES ON FULL-TIME ACTIVE DUTY IN SUP3 PORT OF PREPAREDNESS FOR RESPONSES

4 TO EMERGENCIES INVOLVING WEAPONS OF

5 MASS DESTRUCTION.

6 (a) REPEAL.—Paragraph (4) of section 12310(c) of

7 title 10, United States Code, is amended by striking the

8 first sentence.

9 (b) CONFORMING AMENDMENTS.—Paragraph (6) of

10 such section is amended—

11 (1) by striking ‘‘or to increase the number of

12 personnel authorized by paragraph (4)’’ in the mat13 ter preceding subparagraph (A); and

14 (2) in subparagraph (A), by striking ‘‘or for the

15 requested additional personnel’’ and all that follows

16 through ‘‘Federal levels’’.

17 SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RE18 SERVE COMPONENT MAJORS AND LIEUTEN19 ANT COMMANDERS WHO TWICE FAIL OF SE20 LECTION FOR PROMOTION.

21 (a) PARITY WITH OFFICERS IN GRADES O–2

22 AND O–3.—Section 14506 of title 10, United States

23 Code, is amended—

24 (1) by inserting ‘‘the later of (1)’’ after ‘‘in ac25 cordance with section 14513 of this title on’’; and
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1 (2) by inserting before the period at the end the

2 following: ‘‘, or (2) the first day of the seventh

3 month after the month in which the President ap4 proves the report of the board which considered the

5 officer for the second time’’.

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

7 subsection (a) shall take effect on the date of the enact8 ment of this Act and shall apply with respect to removals

9 of reserve officers from reserve active-status lists under

10 section 14506 of title 10, United States Code, on or after

11 that date.

12 SEC. 515. CONTINUATION OF OFFICER ON RESERVE AC13 TIVE-STATUS LIST FOR DISCIPLINARY AC14 TION.

15 (a) AUTHORITY.—Chapter 1407 of title 10, United

16 States Code, is amended by adding at the end the fol17 lowing new section:

18 ‘‘§ 14518. Continuation on reserve active-status list to

19 complete disciplinary action

20 ‘‘When any action has been commenced against an

21 officer on a reserve active-status list with a view to trying

22 the officer by court-martial, the Secretary concerned may

23 delay the separation or retirement of the officer under the

24 provisions of this chapter until the completion of the ac25 tion.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end:

‘‘14518. Continuation on reserve active-status list to complete disciplinary action.’’.

4 SEC. 516. RETENTION OF RESERVE COMPONENT CHAP5 LAINS UNTIL AGE 67.

6 Section 14703(b) of title 10, United States Code, is

7 amended by striking ‘‘(or, in the case of a reserve officer

8 of the Army in the Chaplains or a reserve officer of the

9 Air Force designated as a chaplain, 60 years of age)’’.

10 SEC. 517. RESERVE CREDIT FOR PARTICIPATION IN

11 HEALTH PROFESSIONS SCHOLARSHIP AND

12 FINANCIAL ASSISTANCE PROGRAM.

13 Section 2126(b) of title 10, United States Code, is

14 amended—

15 (1) by striking paragraphs (2) and (3) and in16 serting the following:

17 ‘‘(2) Service credited under paragraph (1) counts

18 only for the award of retirement points for computation

19 of years of service under section 12732 of this title and

20 for computation of retired pay under section 12733 of this

21 title.

22 ‘‘(3) The number of points credited to a member

23 under paragraph (1) for a year of participation in a course

24 of study is 50. The points shall be credited to the member
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1 for one of the years of that participation at the end of

2 each year after the completion of the course of study that

3 the member serves in the Selected Reserve and is credited

4 under section 12732(a)(2) of this title with at least 50

5 points. The points credited for the participation shall be

6 recorded in the member’s records as having been earned

7 in the year of the participation in the course of study.’’;

8 (2) by redesignating paragraph (5) as para9 graph (6); and

10 (3) by inserting after paragraph (4) the fol11 lowing new paragraph (5):

12 ‘‘(5) A member of the Selected Reserve may be con13 sidered to be in an active status while pursuing a course

14 of study under this subchapter only for purposes of sec15 tions 12732(a) and 12733(3) of this title.’’.

16 SEC. 518. EXCLUSION OF RESERVE OFFICERS ON EDU17 CATIONAL DELAY FROM ELIGIBILITY FOR

18 CONSIDERATION FOR PROMOTION.

19 (a) EXCLUSION.—Section 14301 of title 10, United

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

22 ‘‘(h) OFFICERS ON EDUCATIONAL DELAY.—An offi23 cer on a reserve active-status list is ineligible for consider24 ation for promotion, but shall remain on the reserve ac25 tive-status list, while the officer is—
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1 ‘‘(1) pursuing a program of graduate level edu2 cation in an educational delay status approved by

3 the Secretary concerned; and

4 ‘‘(2) receiving from the Secretary financial as5 sistance in connection with the pursuit of the pro6 gram in that status.’’.

7 (b) RETROACTIVE EFFECT.—(1) Subsection (h) of

8 section 14301 of title 10, United States Code (as added

9 by subsection (a)), shall take effect on the date of the en10 actment of this Act and shall apply with respect to boards

11 convened under section 14101(a) of such title before, on,

12 or after that date.

13 (2) The Secretary of the military department con14 cerned, upon receipt of request in a form and manner pre15 scribed by the Secretary, shall expunge from the military

16 records of an officer any indication of a failure of selection

17 of the officer for promotion by a board referred to in para18 graph (1) while the officer was ineligible for consideration

19 by the board by reason of section 14301(h) of title 10,

20 United States Code.

21 SEC. 519. EXCLUSION OF PERIOD OF PURSUIT OF PROFES22 SIONAL EDUCATION FROM COMPUTATION OF

23 YEARS OF SERVICE FOR RESERVE OFFICERS.

24 (a) EXCLUSION.—The text of section 14706 of title

25 10, United States Code, is amended to read as follows:
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1 ‘‘(a) IN GENERAL.—For the purpose of this chapter

2 and chapter 1407 of this title, a reserve officer’s years

3 of service include all service of the officer as a commis4 sioned officer of any uniformed service other than the fol5 lowing:

6 ‘‘(1) Service as a warrant officer.

7 ‘‘(2) Constructive service.

8 ‘‘(3) Except as provided in subsection (b), serv9 ice as a commissioned officer of a reserve component

10 while pursuing a program of advanced education

11 leading to the first professional degree required for

12 appointment, designation, or assignment as an offi13 cer in the Medical Corps, the Dental Corps, the Vet14 erinary Corps, the Medical Service Corps, the Nurse

15 Corps, the Army Medical Specialists Corps, or as a

16 chaplain or judge advocate if the service—

17 ‘‘(A) follows appointment as a commis18 sioned officer of a reserve component; and

19 ‘‘(B) precedes the officer’s initial service

20 on active duty or initial service in the Ready

21 Reserve in the professional specialty for which

22 the degree if required.

23 ‘‘(b) PRIOR SERVICE PROFESSIONAL PERSONNEL.—

24 The exclusion in subsection (a)(3) does not apply to serv-
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1 ice described in that subsection that is performed by an

2 officer who, prior to the described service—

3 ‘‘(1) served on active duty; or

4 ‘‘(2) participated as a member of the Ready Re5 serve other than in a student status.’’.

6 (b) EFFECTIVE DATE.—The amendment made by

7 subsection (a) shall take effect on the date of the enact8 ment of this Act and shall apply with respect to service

9 as a commissioned officer on or after that date.

10 SEC. 520. CORRECTION OF REFERENCE RELATING TO

11 CREDITING OF SATISFACTORY SERVICE BY

12 RESERVE OFFICERS IN HIGHEST GRADE

13 HELD.

14 Section 1370(d)(1) of title 10, United States Code,

15 is amended by striking ‘‘chapter 1225’’ and inserting

16 ‘‘chapter 1223’’.

17 SEC. 521. ESTABLISHMENT OF OFFICE OF THE COAST

18 GUARD RESERVE.

19 (a) ESTABLISHMENT.—Chapter 3 of title 14, United

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

22 ‘‘§ 53. Office of the Coast Guard Reserve; Director

23 ‘‘(a) ESTABLISHMENT OF OFFICE; DIRECTOR.—

24 There is in the executive part of the Coast Guard an Office

25 of the Coast Guard Reserve. The head of the Office is
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1 the Director of the Coast Guard Reserve. The Director

2 of the Coast Guard Reserve is the principal adviser to the

3 Commandant on Coast Guard Reserve matters and may

4 have such additional functions as the Commandant may

5 direct.

6 ‘‘(b) APPOINTMENT.—The President, by and with the

7 advice and consent of the Senate, shall appoint the Direc8 tor of the Coast Guard Reserve, from officers of the Coast

9 Guard not on active duty, or on active duty under section

10 10211 of title 10, who—

11 ‘‘(1) have had at least 10 years of commis12 sioned service;

13 ‘‘(2) are in a grade above captain; and

14 ‘‘(3) have been recommended by the Secretary

15 of Transportation.

16 ‘‘(c) TERM.—(1) The Director of the Coast Guard

17 Reserve holds office for a term determined by the Presi18 dent, normally two years, but not more than four years.

19 An officer may be removed from the position of Director

20 for cause at any time.

21 ‘‘(2) The Director of the Coast Guard Reserve, while

22 so serving, holds a grade above Captain, without vacating

23 the officer’s permanent grade.

24 ‘‘(d) BUDGET.—The Director of the Coast Guard Re25 serve is the official within the executive part of the Coast
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1 Guard who, subject to the authority, direction, and control

2 of the Secretary of Transportation and the Commandant,

3 is responsible for preparation, justification, and execution

4 of the personnel, operation and maintenance, and con5 struction budgets for the Coast Guard Reserve. As such,

6 the Director of the Coast Guard Reserve is the director

7 and functional manager of appropriations made for the

8 Coast Guard Reserve in those areas.

9 ‘‘(e) ANNUAL REPORT.—The Director of the Coast

10 Guard Reserve shall submit to the Secretary of Transpor11 tation and the Secretary of Defense an annual report on

12 the state of the Coast Guard Reserve and the ability of

13 the Coast Guard Reserve to meet its missions. The report

14 shall be prepared in conjunction with the Commandant

15 and may be submitted in classified and unclassified

16 versions.’’.

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

18 at the beginning of such chapter is amended by inserting

19 after the item relating to section 52 the following:

‘‘53. Office of the Coast Guard Reserve; Director.’’.
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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.’’.
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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’’.
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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:
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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.’’.
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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.’’.
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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.’’.
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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.
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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.
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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
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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;
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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
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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
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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
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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.
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1 SEC. 562. REDUCED MINIMUM BLOOD AND BREATH ALCO2 HOL LEVELS FOR OFFENSE OF DRUNKEN OP3 ERATION OR CONTROL OF A VEHICLE, AIR4 CRAFT, OR VESSEL.

5 (a) STANDARD.—Section 911(2) of title 10, United

6 States Code (article 111(2) of the Uniform Code of Mili7 tary Justice), is amended by striking ‘‘0.10 grams’’ both

8 places it appears and inserting ‘‘0.08 grams’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall take effect on the date of enactment

11 of this Act and shall apply with respect to acts committed

12 on or after that date.

13 Subtitle F—Other Matters

14 SEC. 571. FUNERAL HONORS DETAILS AT FUNERALS OF

15 VETERANS.

16 (a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—

17 Subsection (a) of section 1491 of title 10, United States

18 Code, is amended to read as follows:

19 ‘‘(a) RESPONSIBILITY.—The Secretary of Defense

20 shall ensure that, upon request, a funeral honors detail

21 is provided for the funeral of any veteran that occurs after

22 December 31, 1999.’’.

23 (b) ELIGIBILITY FOR HONORS.—Subsection (f) of

24 such section is amended to read as follows:

25 ‘‘(h) VETERAN DEFINED.—In this section, the term

26 ‘veteran’ means the following:
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1 ‘‘(1) A decedent who was a veteran, as defined

2 in section 101(2) of title 38.

3 ‘‘(2) A decedent who, by reason of having been

4 a member of the Selected Reserve, is eligible for a

5 flag to drape the casket under section 2301(f) of

6 title 38.’’.

7 (c) COMPOSITION OF FUNERAL HONORS DETAILS.—

8 (1) Subsection (b) of such section is amended—

9 (A) by striking ‘‘HONOR GUARD DETAILS.—’’

10 and inserting ‘‘FUNERAL HONORS DETAILS.—(1)’’ ;

11 (B) by striking ‘‘honor guard detail’’ and in12 serting ‘‘funeral honors detail’’; and

13 (C) by striking ‘‘not less than three persons’’

14 and all that follows and inserting the following: ‘‘two

15 or more persons.’’.

16 (2) Subsection (c) of such section is amended—

17 (A) by striking ‘‘(c) PERSONS FORMING HONOR

18 GUARDS.—An honor guard detail’’ and inserting

19 ‘‘(2) At least two members of the funeral honors de20 tail for the veteran’s funeral shall be members of the

21 armed forces. At least one of those members shall be

22 a member of the armed force of which the veteran

23 was a member. The remainder of the detail’’; and

24 (B) by striking the second sentence and insert25 ing the following: ‘‘Each member of the armed
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1 forces in the detail shall wear the appropriate uni2 form of the member’s armed force while serving in

3 the detail.’’.

4 (d) CEREMONY, SUPPORT, AND WAIVER.—Such sec5 tion is further amended—

6 (1) by redesignating subsections (d) and (e) as

7 subsections (f) and (g), respectively; and

8 (2) by inserting after subsection (b) the fol9 lowing:

10 ‘‘(c) CEREMONY.—A funeral honors detail shall, at

11 a minimum, perform at the funeral a ceremony that in12 cludes the folding and presentation of the flag of the

13 United States to the veteran’s family and the playing of

14 Taps. Unless a bugler is a member of the detail, the detail

15 shall play a recorded version of Taps using audio equip16 ment which the detail shall provide if adequate audio

17 equipment is not otherwise available for use at the funeral.

18 ‘‘(d) SUPPORT.—To provide a funeral honors detail

19 under this section, the Secretary of a military department

20 may provide the following:

21 ‘‘(1) Transportation, or reimbursement for

22 transportation, and expenses for a person who par23 ticipates in the funeral honors detail under this sec24 tion and is not a member of the armed forces or an

25 employee of the United States.
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1 ‘‘(2) Materiel, equipment, and training for

2 members of a veterans organization or other organi3 zation referred to in subsection (b)(2).

4 ‘‘(e) WAIVER AUTHORITY.—(1) The Secretary of De5 fense may waive any requirement provided in or pursuant

6 to this section when the Secretary considers it necessary

7 to do so to meet the requirements of war, national emer8 gency, or a contingency operation, or other military re9 quirements.

10 ‘‘(2) Before or promptly after granting a waiver

11 under paragraph (1), the Secretary shall transmit a notifi12 cation of the waiver to the Committees on Armed Services

13 of the Senate and House of Representatives.’’.

14 (e) REGULATIONS.—The text of subsection (f) of

15 such section, as redesignated by subsection (d)(1), is

16 amended to read as follows:

17 ‘‘The Secretary of Defense shall prescribe regulations

18 to carry out this section. The regulations shall include the

19 following:

20 ‘‘(1) A system for selection of units of the

21 armed forces and other organizations to provide fu22 neral honors details.

23 ‘‘(2) Procedures for responding and coordi24 nating responses to requests for funeral honors de25 tails.
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1 ‘‘(3) Procedures for establishing standards and

2 protocol.

3 ‘‘(4) Procedures for providing training and en4 suring quality of performance.’’.

5 (f) ACCEPTANCE OF VOLUNTARY SERVICES.—Sec6 tion 1588(a) of title 10, United States Code, is amended

7 by adding at the end the following:

8 ‘‘(4) Voluntary services as a member of a fu9 neral honors detail under section 1491 of this title.’’.

10 (g) DUTY STATUS OF RESERVES IN FUNERAL HON11 ORS DETAILS.—(1) Chapter 1 of title 32, United States

12 Code, is amended—

13 (A) in section 114—

14 (i) by striking ‘‘honor guard functions’’

15 both places that it appears and inserting ‘‘fu16 neral honors functions’’; and

17 (ii) by striking ‘‘drill or training otherwise

18 required’’ and inserting ‘‘drill or training, but

19 may be performed as funeral honors duty under

20 section 115 of this title’’; and

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

22 ‘‘§ 115. Funeral honors duty performed as a Federal

23 function

24 ‘‘(a) ORDER TO DUTY.—A member of the Army Na25 tional Guard of the United States or the Air National
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1 Guard of the United States may be ordered to funeral

2 honors duty, with the consent of the member, to prepare

3 for or perform funeral honors functions at the funeral of

4 a veteran under section 1491 of title 10. However, a mem5 ber of the Army National Guard of the United States or

6 the Air National Guard of the United States may not be

7 ordered to perform funeral honors functions under this

8 section without the consent of the Governor or other ap9 propriate authority of the State concerned.

10 ‘‘(b) SERVICE CREDIT.—A member ordered to fu11 neral honors duty under this section shall be required to

12 perform a minimum of two hours of such duty in order

13 to receive—

14 ‘‘(1) service credit under section

15 12732(a)(2)(E) of title 10; and

16 ‘‘(2) if authorized by the Secretary concerned,

17 the allowance under section 435 of title 37.

18 ‘‘(c) REIMBURSABLE EXPENSES.—A member who

19 performs funeral honors duty under this section may be

20 paid reimbursement for travel and transportation expenses

21 incurred in conjunction with such duty as authorized

22 under chapter 7 of title 37 if such duty is performed at

23 a location 100 miles or more from the member’s residence.
137

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1 ‘‘(d) REGULATIONS.—The exercise of authority under

2 subsection (a) is subject to regulations prescribed by the

3 Secretary of Defense.’’.

4 (2) Chapter 1213 of title 10, United States Code, is

5 amended by adding at the end the following:

6 ‘‘§ 12503. Ready Reserve: funeral honors duty

7 ‘‘(a) ORDER TO DUTY.—A member of the Ready Re8 serve may be ordered to funeral honors duty, with the con9 sent of the member, in preparation for or to perform fu10 neral honors functions at the funeral of a veteran as de11 fined in section 1491 of this title.

12 ‘‘(b) SERVICE CREDIT.—A member ordered to fu13 neral honors duty under this section shall be required to

14 perform a minimum of two hours of such duty in order

15 to receive—

16 ‘‘(1) service credit under section

17 12732(a)(2)(E) of this title; and

18 ‘‘(2) if authorized by the Secretary concerned,

19 the allowance under section 435 of title 37.

20 ‘‘(c) REIMBURSABLE EXPENSES.—A member who

21 performs funeral honors duty under this section may be

22 paid reimbursement for travel and transportation expenses

23 incurred in conjunction with such duty as authorized

24 under chapter 7 of title 37 if such duty is performed at

25 a location 100 miles or more from the member’s residence.
138

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1 ‘‘(d) REGULATIONS.—The exercise of authority under

2 subsection (a) is subject to regulations prescribed by the

3 Secretary of Defense.

4 ‘‘(e) MEMBERS OF THE NATIONAL GUARD.—This

5 section does not apply to members of the Army National

6 Guard of the United States or the Air National Guard

7 of the United States. The performance of funeral honors

8 duty by such members is provided for in section 115 of

9 title 32.’’.

10 (3) Section 12552 of title 10, United States Code,

11 is amended—

12 (A) by striking ‘‘honor guard functions’’ and in13 serting ‘‘funeral honors functions’’; and

14 (B) by striking ‘‘drill or training otherwise re15 quired’’ and inserting ‘‘drill or training, but may be

16 performed as funeral honors duty under section

17 12503 of this title’’.

18 (h) CREDITING OF ONE POINT FOR RESERVE SERV19 ING ON DETAIL.—Section 12732(a)(2) of such title is

20 amended—

21 (1) by inserting after subparagraph (D) the fol22 lowing:

23 ‘‘(E) One point for each day on which fu24 neral honors duty is performed for at least two

25 hours under section 12503 of this title or sec-
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1 tion 115 of title 32, unless the duty is per2 formed while in a status for which credit is pro3 vided under another subparagraph of this para4 graph.’’; and

5 (2) by striking ‘‘, and (D)’’ in the second sen6 tence and inserting ‘‘, (D), and (E)’’.

7 (i) BENEFITS FOR MEMBERS IN FUNERAL HONORS

8 DUTY STATUS.—(1) Section 1074a(a) of such title is

9 amended—

10 (A) in each of paragraphs (1) and (2)—

11 (i) by striking ‘‘or’’ at the end of subpara12 graph (A);

13 (ii) by striking the period at the end of

14 subparagraph (B) and inserting ‘‘; or’’; and

15 (iii) by adding at the end the following:

16 ‘‘(C) service on funeral honors duty under

17 section 12503 of this title or section 115 of title

18 32.’’; and

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

20 ‘‘(4) Each member of the armed forces who in21 curs or aggravates an injury, illness, or disease in

22 the line of duty while remaining overnight imme23 diately before serving on funeral honors duty under

24 section 12503 of this title or section 115 of title 32

25 at or in the vicinity of the place at which the mem-
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1 ber was to so serve, if the place is outside reasonable

2 commuting distance from the member’s residence.’’.

3 (2) Section 1076(a)(2) of such title is amended by

4 adding at the end the following:

5 ‘‘(E) A member who died from an injury, ill6 ness, or disease incurred or aggravated while the

7 member—

8 ‘‘(i) was serving on funeral honors duty

9 under section 12503 of this title or section 115

10 of title 32;

11 ‘‘(ii) was traveling to or from the place at

12 which the member was to so serve; or

13 ‘‘(iii) remained overnight at or in the vicin14 ity of that place immediately before so serving,

15 if the place is outside reasonable commuting

16 distance from the member’s residence.’’.

17 (3) Section 1204(2) of such title is amended—

18 (A) by striking ‘‘or’’ at the end of subpara19 graph (A);

20 (B) by inserting ‘‘or’’ after the semicolon at the

21 end of subparagraph (B); and

22 (C) by adding at the end the following:

23 ‘‘(C) is a result of an injury, illness, or dis24 ease incurred or aggravated in line of duty—
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1 ‘‘(i) while the member was serving on

2 funeral honors duty under section 12503

3 of this title or section 115 of title 32;

4 ‘‘(ii) while the member was traveling

5 to or from the place at which the member

6 was to so serve; or

7 ‘‘(iii) while the member remained

8 overnight at or in the vicinity of that place

9 immediately before so serving, if the place

10 is outside reasonable commuting distance

11 from the member’s residence;’’.

12 (4) Section 1206(2) is amended to read as follows:

13 ‘‘(2) the disability is a result of an injury, ill14 ness, or disease incurred or aggravated in line of

15 duty—

16 ‘‘(A) while—

17 ‘‘(i) performing active duty or inac18 tive-duty training;

19 ‘‘(ii) traveling directly to or from the

20 place at which such duty is performed; or

21 ‘‘(iii) remaining overnight immediately

22 before the commencement of inactive-duty

23 training, or while remaining overnight be24 tween successive periods of inactive-duty

25 training, at or in the vicinity of the site of
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1 the inactive-duty training, if the site is out2 side reasonable commuting distance of the

3 member’s residence; or

4 ‘‘(B) while the member—

5 ‘‘(i) was serving on funeral honors

6 duty under section 12503 of this title or

7 section 115 of title 32;

8 ‘‘(ii) was traveling to or from the

9 place at which the member was to so serve;

10 or

11 ‘‘(iii) remained overnight at or in the

12 vicinity of that place immediately before so

13 serving, if the place is outside reasonable

14 commuting distance from the member’s

15 residence;’’.

16 (5) Section 1481(a)(2) of such title is amended—

17 (A) by striking ‘‘or’’ at the end of subpara18 graph (D);

19 (B) by striking the period at the end of sub20 paragraph (E) and inserting ‘‘; or’’; and

21 (C) by adding at the end the following:

22 ‘‘(F) either—

23 (i) serving on funeral honors duty

24 under section 12503 of this title or section

25 115 of title 32;
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1 (ii) traveling directly to or from the

2 place at which to so serve; or

3 (iii) remaining overnight at or in the

4 vicinity of that place before so serving, if

5 the place is outside reasonable commuting

6 distance from the member’s residence.’’.

7 (j) FUNERAL HONORS DUTY ALLOWANCE.—Chapter

8 4 of title 37, United States Code, is amended by adding

9 at the end the following:

10 ‘‘§ 435. Allowance for funeral honors duty

11 ‘‘(a) AUTHORITY.—The Secretary concerned may au12 thorize payment of an allowance to a member of the Ready

13 Reserve for each day on which the member performs at

14 least two hours of funeral honors duty pursuant to section

15 12503 of title 10 or section 115 of title 32.

16 ‘‘(b) AMOUNT.—The daily rate of an allowance paid

17 under this section is $50.

18 ‘‘(c) FULL COMPENSATION.—Except for expenses re19 imbursed under subsection (c) of section 12503 of title

20 10 or subsection (c) of section 115 of title 32, the allow21 ance paid under this section is the only monetary com22 pensation authorized to be paid a member for the perform23 ance of funeral honors duty pursuant to such section, re24 gardless of the grade in which serving, and shall constitute

25 payment in full to the member.’’.
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1 (k) CLERICAL AMENDMENTS.—(1)(A) The heading

2 for section 1491 of title 10, United States Code, is amend3 ed to read as follows:

4 ‘‘§ 1491. Funeral honors functions at funerals for vet5 erans’’.

6 (B) The heading for section 12552 of title 10, United

7 States Code, is amended to read as follows:

8 ‘‘§ 12552. Funeral honors functions at funerals for

9 veterans’’.

10 (2)(A) The item relating to section 1491 in the table

11 of sections at the beginning of chapter 75 of title 10,

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

‘‘1491. Funeral honors functions at funerals for veterans.’’.

13 (B) The table of sections at the beginning of chapter

14 1213 of title 10, United States Code, is amended by add15 ing at the end the following:

‘‘12503. Ready Reserve: funeral honors duty.’’.

16 (C) The item relating to section 12552 table of sec17 tions at the beginning of chapter 1215 of title 10, United

18 States Code, is amended to read as follows:

‘‘12552. Funeral honors functions at funerals for veterans.’’.

19 (3)(A) The heading for section 114 of title 32, United

20 States Code, is amended to read as follows:
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1 ‘‘§ 114. Funeral honors functions at funerals for vet2 erans’’.

3 (B) The table of sections at the beginning of chapter

4 1 of title 32, United States Code, is amended by striking

5 the item relating to section 114 and inserting the fol6 lowing:

‘‘114. Funeral honors functions at funerals for veterans.

‘‘115. Funeral honors duty performed as a Federal function.’’.

7 (4) The table of sections at the beginning of chapter

8 4 of title 37, United States Code, is amended by adding

9 at the end the following:

‘‘435. Allowance for funeral honors duty.’’.

10 SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED

11 ENTRY PERIOD FOR ENLISTMENTS OF PER12 SONS WITH NO PRIOR MILITARY SERVICE.

13 (a) MAXIMUM PERIOD OF EXTENSION.—Section

14 513(b)(1) of title 10, United States Code, is amended by

15 striking ‘‘180 days’’ in the second sentence and inserting

16 ‘‘365 days’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall take effect on October 1, 1999, and

19 shall apply with respect to enlistments entered into on or

20 after that date.

21 SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM.

22 (a) PROGRAM REQUIRED.—The Secretary of the

23 Army shall establish a pilot program to assess whether
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1 the Army could increase the number of, and the level of

2 the qualifications of, persons accessed into the Army by

3 encouraging recruits to pursue higher education or voca4 tional or technical training before entry into active service

5 in the Army.

6 (b) DELAYED ENTRY WITH ALLOWANCE FOR HIGH7 ER EDUCATION.—Under the pilot program, the Secretary

8 may exercise the authority under section 513 of title 10,

9 United States Code—

10 (1) to accept the enlistment of a person as a

11 Reserve for service in the Selected Reserve or Indi12 vidual Ready Reserve of the Army Reserve or, not13 withstanding the scope of the authority under sub14 section (a) of that section, in the Army National

15 Guard of the United States;

16 (2) to authorize, notwithstanding the period

17 limitation in subsection (b) of such section, a delay

18 of the enlistment of that person in a regular compo19 nent under that subsection for the period during

20 which the person is enrolled in and pursuing a pro21 gram of education at an institution of higher edu22 cation, or a program of vocational or technical train23 ing, on a full-time basis that is to be completed with24 in two years after the date of the enlistment as a

25 Reserve; and
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1 (3) in the case of a person enlisted in a reserve

2 component for service in the Individual Ready Re3 serve, pay an allowance to the person for each

4 month of that period.

5 (c) MAXIMUM PERIOD OF DELAY.—The period of

6 delay authorized a person under paragraph (2) of sub7 section (b) may not exceed the two-year period beginning

8 on the date of the person’s enlistment accepted under

9 paragraph (1) of such subsection.

10 (d) AMOUNT OF ALLOWANCE.—(1) The monthly al11 lowance paid under subsection (b)(3) is $150. The allow12 ance may not be paid for more than 24 months.

13 (2) An allowance under this section is in addition to

14 any other pay and allowances to which a member of a re15 serve component is entitled by reason of participation in

16 the Ready Reserve of that component.

17 (e) COMPARISON GROUP.—To perform the assess18 ment under subsection (a), the Secretary may define and

19 study any group not including persons receiving a benefit

20 under subsection (b) and compare that group with any

21 group or groups of persons who receive such benefits

22 under the pilot program.

23 (f ) DURATION OF PILOT PROGRAM.—The pilot pro24 gram shall be in effect during the period beginning on Oc25 tober 1, 1999, and ending on September 30, 2004.
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1 (g) REPORT.—Not later than February 1, 2004, the

2 Secretary shall submit to the Committees on Armed Serv3 ices of the Senate and the House of Representatives a re4 port on the pilot program. The report shall include the

5 following:

6 (1) The assessment of the Secretary regarding

7 the value of the authority under this section for

8 achieving the objectives of increasing the number of,

9 and the level of the qualifications of, persons

10 accessed into the Army.

11 (2) Any recommendation for legislation or other

12 actions that the Secretary considers appropriate to

13 achieve such objectives through grants of entry

14 delays and financial benefits for advanced education

15 and training of recruits.

16 SEC. 574. REDUCTION IN REQUIRED FREQUENCY OF RE17 PORTING ON THE SELECTED RESERVE EDU18 CATIONAL ASSISTANCE PROGRAM UNDER

19 THE MONTGOMERY GI BILL.

20 The text of section 16137 of title 10, United States

21 Code, is amended to read as follows:

22 ‘‘The Secretary of Defense shall submit to Congress

23 a report not later than March 1 of every other year con24 cerning the operation of the educational assistance pro25 gram established by this chapter. The report shall cover
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1 the two fiscal years preceding the fiscal year in which the

2 report is submitted and shall include the number of mem3 bers of the Selected Reserve of the Ready Reserve of each

4 armed force receiving, and the number entitled to receive,

5 educational assistance under this chapter during the pe6 riod covered by the report. The Secretary may submit the

7 report more frequently and adjust the period covered by

8 the report accordingly.’’.

9 SEC. 575. PARTICIPATION OF MEMBERS IN MANAGEMENT

10 OF ORGANIZATIONS ABROAD THAT PROMOTE

11 INTERNATIONAL UNDERSTANDING.

12 Section 1033(b)(3) of title 10, United States Code,

13 is amended by inserting after subparagraph (D) the fol14 lowing:

15 ‘‘(E) An entity that, operating in a foreign na16 tion where United States personnel are serving at

17 United States military activities, promotes under18 standing and tolerance between 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.’’.
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1 SEC. 576. FORENSIC PATHOLOGY INVESTIGATIONS BY

2 ARMED FORCES MEDICAL EXAMINER.

3 (a) INVESTIGATION AUTHORITY.—Chapter 75 of title

4 10, United States Code, is amended by striking the head5 ing for the chapter and inserting the following:

6 ‘‘CHAPTER 75—DECEASED PERSONNEL

‘‘Subchapter Sec.

‘‘I. Death Investigations ........................................................................... 1471

‘‘II. Death Benefits ................................................................................... 1475

7 ‘‘SUBCHAPTER I—DEATH INVESTIGATIONS

‘‘Sec.

‘‘1471. Forensic pathology investigations.

8 ‘‘§ 1471. Forensic pathology investigations

9 ‘‘(a) AUTHORITY.—Under regulations prescribed by

10 the Secretary of Defense, the Armed Forces Medical Ex11 aminer may conduct a forensic pathology investigation to

12 determine the cause or manner of death of a deceased per13 son under circumstances described in subsection (b). The

14 investigation may include an autopsy of the decedent’s re15 mains.

16 ‘‘(b) BASIS FOR INVESTIGATION.—A forensic pathol17 ogy investigation of a death under this section is justified

18 if—

19 ‘‘(1) either—

20 ‘‘(A) it appears that the decedent was

21 killed or that, whatever the cause of the dece22 dent’s death, the cause was unnatural;
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1 ‘‘(B) the cause or manner of death is un2 known;

3 ‘‘(C) there is reasonable suspicion that the

4 death was by unlawful means;

5 ‘‘(D) it appears that the death resulted

6 from an infectious disease or from the effects of

7 a hazardous material that may have an adverse

8 effect on the military installation or community

9 involved; or

10 ‘‘(E) the identity of the decedent is un11 known; and

12 ‘‘(2) either—

13 ‘‘(A) the decedent—

14 ‘‘(i) was found dead or died at an in15 stallation garrisoned by units of the armed

16 forces that is under the exclusive jurisdic17 tion of the United States;

18 ‘‘(ii) was a member of the armed

19 forces on active duty or inactive duty for

20 training;

21 ‘‘(iii) was a former member recently

22 retired under chapter 61 of this title as a

23 result of an injury or illness incurred while

24 a member on active duty or inactive duty

25 for training; or
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1 ‘‘(iv) was a civilian dependent of a

2 member of the armed forces and was found

3 dead or died outside the United States;

4 ‘‘(B) in any other authorized Department

5 of Defense investigation of matters which in6 volves the death, a factual determination of the

7 cause or manner of the death is necessary; or

8 ‘‘(C) in any other authorized investigation

9 being conducted by the Federal Bureau of In10 vestigation, the National Transportation Safety

11 Board, or any other Federal agency, an author12 ized official of such agency with authority to di13 rect a forensic pathology investigation requests

14 that the Armed Forces Medical Examiner con15 duct such an investigation.

16 ‘‘(c) DETERMINATION OF JUSTIFICATION.—(1) Sub17 ject to paragraph (2), the determination under paragraph

18 (1) of subsection (b) shall be made by the Armed Forces

19 Medical Examiner.

20 ‘‘(2) A commander may make the determination

21 under paragraph (1) of subsection (b) and require a foren22 sic pathology investigation under this section without re23 gard to a determination made by the Armed Forces Med24 ical Examiner if—
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1 ‘‘(A) in a case involving circumstances de2 scribed in paragraph (2)(A)(i) of that subsection,

3 the commander is the commander of the installation

4 where the decedent was found dead or died; or

5 ‘‘(B) in a case involving circumstances de6 scribed in paragraph (2)(A)(ii) of that subsection,

7 the commander is the commander of the decedent’s

8 unit at a level in the chain of command designated

9 for such purpose in the regulations prescribed by the

10 Secretary of Defense.

11 ‘‘(d) LIMITATION IN CONCURRENT JURISDICTION

12 CASES.—(1) The exercise of authority under this section

13 is subject to the exercise of primary jurisdiction for the

14 investigation of a death—

15 ‘‘(A) in the case of a death in a State, by the

16 State or a local government of the State; or

17 ‘‘(B) in the case of a death in a foreign coun18 try, by that foreign country under any applicable

19 treaty, status of forces agreement, or other inter20 national agreement between the United States and

21 that foreign country.

22 ‘‘(2) Paragraph (1) does not limit the authority of

23 the Armed Forces Medical Examiner to conduct a forensic

24 pathology investigation of a death that is subject to the

25 exercise of primary jurisdiction by another sovereign if the
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1 investigation by the other sovereign is concluded without

2 a forensic pathology investigation that the Armed Forces

3 Medical Examiner considers complete. For the purposes

4 of the preceding sentence a forensic pathology investiga5 tion is incomplete if the investigation does not include an

6 autopsy of the decedent.

7 ‘‘(e) PROCEDURES.—For a forensic pathology inves8 tigation under this section, the Armed Forces Medical Ex9 aminer shall—

10 ‘‘(1) designate one or more qualified patholo11 gists to conduct the investigation;

12 ‘‘(2) to the extent practicable and consistent

13 with responsibilities under this section, give due re14 gard to any applicable law protecting religious be15 liefs;

16 ‘‘(3) as soon as practicable, notify the dece17 dent’s family, if known, that the forensic pathology

18 investigation is being conducted;

19 ‘‘(4) as soon as practicable after the completion

20 of the investigation, authorize release of the dece21 dent’s remains to the family, if known; and

22 ‘‘(5) promptly report the results of the forensic

23 pathology investigation to the official responsible for

24 the overall investigation of the death.
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1 ‘‘(f) DEFINITION OF STATE.—In this section, the

2 term ‘State’ includes the District of Columbia, the Com3 monwealth of Puerto Rico, and Guam.’’.

4 (b) REPEAL OF AUTHORITY FOR EXISTING INQUEST

5 PROCEDURES.—Sections 4711 and 9711 of title 10,

6 United States Code, are repealed.

7 (c) TECHNICAL AND CLERICAL AMENDMENTS.—(1)

8 Chapter 75 of such title, as amended by subsection (a),

9 is further amended by inserting before section 1475 the

10 following:

11 ‘‘SUBCHAPTER II—DEATH BENEFITS’’.

12 (2) The item relating to chapter 75 in the tables of

13 chapters at the beginning subtitle A of such title and at

14 the beginning of part II of such subtitle is amended to

15 read as follows

‘‘75. Deceased Personnel ................................................................. 1471’’.

16 (3) The table of sections at the beginning chapter 445

17 of such title is amended by striking the item relating to

18 section 4711.

19 (4) The table of sections at the beginning chapter 945

20 of such title is amended by striking the item relating to

21 section 9711.
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1 SEC. 577. NONDISCLOSURE OF INFORMATION ON MISSING

2 PERSONS RETURNED TO UNITED STATES

3 CONTROL.

4 Section 1506 of title 10, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(f) NONDISCLOSURE OF CERTAIN INFORMATION.—

7 A record of the content of a debriefing of a missing person

8 returned to United States control during the period begin9 ning July 8, 1959, and ending February 10, 1996, that

10 was conducted by an official of the United States author11 ized to conduct the debriefing is privileged information

12 and, notwithstanding sections 552 and 552a of title 5,

13 may not be disclosed, in whole or in part, under either

14 such section.’’.

15 SEC. 578. USE OF RECRUITING MATERIALS FOR PUBLIC

16 RELATIONS PURPOSES.

17 (a) AUTHORITY.—Subchapter I of chapter 134 of

18 title 10, United States Code, is amended by adding at the

19 end the following:

20 ‘‘§ 2249c. Use of recruiting materials for public rela21 tions

22 ‘‘Advertising materials developed for use for recruit23 ment and retention of personnel for the armed forces may

24 be used for public relations purposes of the Department

25 of Defense under such conditions and subject to such re26 strictions as the Secretary of Defense shall prescribe.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such subchapter is amended by adding

3 at the end the following:

‘‘2249c. Use of recruiting materials for public relations.’’.

4 SEC. 579. IMPROVEMENT AND TRANSFER OF JURISDIC5 TION OF TROOPS-TO-TEACHERS PROGRAM.

6 (a) RECODIFICATION, IMPROVEMENT, AND TRANS7 FER OF PROGRAM.—(1) Section 1151 of title 10, United

8 States Code, is amended to read as follows:

9 ‘‘§ 1151. Assistance to certain separated or retired

10 members to obtain certification and em11 ployment as teachers

12 ‘‘(a) PROGRAM AUTHORIZED.—The administering

13 Secretary may carry out a program—

14 ‘‘(1) to assist eligible members of the armed

15 forces after their discharge or release, or retirement,

16 from active duty to obtain certification or licensure

17 as elementary or secondary school teachers or as vo18 cational or technical teachers; and

19 ‘‘(2) to facilitate the employment of such mem20 bers by local educational agencies identified under

21 subsection (b)(1).

22 ‘‘(b) IDENTIFICATION OF LOCAL EDUCATIONAL

23 AGENCIES AND STATES.—(1)(A) In carrying out the pro24 gram, the administering Secretary shall periodically iden25 tify local educational agencies that—
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1 ‘‘(i) are receiving grants under title I of the El2 ementary and Secondary Education Act of 1965 (20

3 U.S.C. 6301 et seq.) as a result of having within

4 their jurisdictions concentrations of children from

5 low-income families; or

6 ‘‘(ii) are experiencing a shortage of qualified

7 teachers, in particular a shortage of science, mathe8 matics, special education, or vocational or technical

9 teachers.

10 ‘‘(B) The administering Secretary may identify local

11 educational agencies under subparagraph (A) through sur12 veys conducted for that purpose or by utilizing information

13 on local educational agencies that is available to the Sec14 retary of Education from other sources.

15 ‘‘(2) In carrying out the program, the administering

16 Secretary shall also conduct a survey of States to identify

17 those States that have alternative certification or licensure

18 requirements for teachers, including those States that

19 grant credit for service in the armed forces toward satis20 fying certification or licensure requirements for teachers.

21 ‘‘(c) ELIGIBLE MEMBERS.—(1) Subject to paragraph

22 (2), the following members shall be eligible for selection

23 to participate in the program:

24 ‘‘(A) Any member who—
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1 ‘‘(i) during the period beginning on Octo2 ber 1, 1990, and ending on September 30,

3 1999, was involuntarily discharged or released

4 from active duty for purposes of a reduction of

5 force after six or more years of continuous ac6 tive duty immediately before the discharge or

7 release; and

8 ‘‘(ii) satisfies such other criteria for eligi9 bility as the administering Secretary may pre10 scribe.

11 ‘‘(B) Any member—

12 ‘‘(i) who, on or after October 1, 1999—

13 ‘‘(I) is retired for length of service

14 with at least 20 years of active service

15 computed under section 3925, 3926, 8925,

16 or 8926 of this title or for purposes of

17 chapter 571 of this title; or

18 ‘‘(II) is retired under section 1201 or

19 1204 of this title;

20 ‘‘(ii) who—

21 ‘‘(I) in the case of a member applying

22 for assistance for placement as an elemen23 tary or secondary school teacher, has re24 ceived a baccalaureate or advanced degree
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1 from an accredited institution of higher

2 education; or

3 ‘‘(II) in the case of a member apply4 ing for assistance for placement as a voca5 tional or technical teacher—

6 ‘‘(aa) has received the equivalent

7 of one year of college from an accred8 ited institution of higher education

9 and has 10 or more years of military

10 experience in a vocational or technical

11 field; or

12 ‘‘(bb) otherwise meets the certifi13 cation or licensure requirements for a

14 vocational or technical teacher in the

15 State in which such member seeks as16 sistance for placement under the pro17 gram; and

18 ‘‘(iii) who satisfies any criteria prescribed

19 under subparagraph (A)(ii).

20 ‘‘(2) A member described in paragraph (1) shall be

21 eligible to participate in the program only if the member’s

22 last period of service in the armed forces was characterized

23 as honorable by the Secretary concerned.

24 ‘‘(d) INFORMATION REGARDING PROGRAM.—(1) The

25 administering Secretary shall provide information regard-
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1 ing the program, and make applications for the program

2 available, to members as part of preseparation counseling

3 provided under section 1142 of this title.

4 ‘‘(2) The information provided to members shall—

5 ‘‘(A) indicate the local educational agencies

6 identified under subsection (b)(1); and

7 ‘‘(B) identify those States surveyed under sub8 section (b)(2) that have alternative certification or

9 licensure requirements for teachers, including those

10 States that grant credit for service in the armed

11 forces toward satisfying such requirements.

12 ‘‘(e) SELECTION OF PARTICIPANTS.—(1)(A) Selec13 tion of members to participate in the program shall be

14 made on the basis of applications submitted to the admin15 istering Secretary on a timely basis. An application shall

16 be in such form and contain such information as that Sec17 retary may require.

18 ‘‘(B) An application shall be considered to be sub19 mitted on a timely basis if the application is submitted

20 as follows:

21 ‘‘(i) In the case of an applicant who is eligible

22 under subsection (c)(1)(A), not later than September

23 30, 2003.

24 ‘‘(ii) In the case of an applicant who is eligible

25 under subsection (c)(1)(B), not later than four years
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1 after the date of the retirement of the applicant

2 from active duty.

3 ‘‘(2) In selecting participants to receive assistance for

4 placement as elementary or secondary school teachers or

5 vocational or technical teachers, the administering Sec6 retary shall give priority to members who—

7 ‘‘(A) have educational or military experience in

8 science, mathematics, special education, or voca9 tional or technical subjects and agree to seek em10 ployment as science, mathematics, or special edu11 cation teachers in elementary or secondary schools

12 or in other schools under the jurisdiction of a local

13 educational agency; or

14 ‘‘(B) have educational or military experience in

15 another subject area identified by that Secretary, in

16 consultation with the National Governors Associa17 tion, as important for national educational objectives

18 and agree to seek employment in that subject area

19 in elementary or secondary schools.

20 ‘‘(3) The administering Secretary may not select a

21 member to participate in the program unless that Sec22 retary has sufficient appropriations for the program avail23 able at the time of the selection to satisfy the obligations

24 to be incurred by the United States under subsection (g)

25 with respect to that member.
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1 ‘‘(f) AGREEMENT.—A member selected to participate

2 in the program shall be required to enter into an agree3 ment with the administering Secretary in which the mem4 ber agrees—

5 ‘‘(1) to obtain, within such time as that Sec6 retary may require, certification or licensure as an

7 elementary or secondary school teacher or vocational

8 or technical teacher; and

9 ‘‘(2) to accept an offer of full-time employment

10 as an elementary or secondary school teacher or vo11 cational or technical teacher for not less than four

12 school years with a local educational agency identi13 fied under subparagraph (A) or (B) of subsection

14 (b)(1), to begin the school year after obtaining that

15 certification or licensure.

16 ‘‘(g) STIPEND AND BONUS FOR PARTICIPANTS.—

17 (1)(A) Subject to subparagraph (B), the administering

18 Secretary shall pay to each participant in the program a

19 stipend in an amount equal to $5,000.

20 ‘‘(B) The total number of stipends that may be paid

21 under this paragraph in any fiscal year may not exceed

22 3,000.

23 ‘‘(2)(A) Subject to subparagraph (B), the admin24 istering Secretary may, in lieu of paying a stipend under

25 paragraph (1), pay a bonus of $10,000 to each participant
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1 in the program who agrees under subsection (f) to accept

2 full-time employment as an elementary or secondary

3 school teacher or vocational or technical teacher for not

4 less than four years in a high need school.

5 ‘‘(B) The total number of bonuses that may be paid

6 under this paragraph in any fiscal year may not exceed

7 1,000.

8 ‘‘(C) In this paragraph, the term ‘high need school’

9 means an elementary school or secondary school that

10 meets one or more of the following criteria:

11 ‘‘(i) A drop out rate that exceeds the national

12 average school drop out rate.

13 ‘‘(ii) A large percentage of students (as deter14 mined by the Secretary of Education in consultation

15 with the National Assessment Governing Board) who

16 speak English as a second language.

17 ‘‘(iii) A large percentage of students (as so de18 termined) who are at risk of educational failure by

19 reason of limited proficiency in English, poverty,

20 race, geographic location, or economic cir21 cumstances.

22 ‘‘(iv) A population of students at least one-half

23 of which are from families with an income below the

24 poverty line (as that term is defined by the Office

25 of Management and Budget and revised annually in
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1 accordance with section 673(2) of the Community

2 Services Block Grant Act (42 U.S.C. 9902(2)) appli3 cable to a family of the size involved.

4 ‘‘(v) A large percentage of students (as so de5 termined) who qualify for assistance under part B of

6 the Individuals with Disabilities Education Act (20

7 U.S.C. 1411 et seq.).

8 ‘‘(vi) Any other criteria established by the ad9 ministering Secretary in consultation with the Na10 tional Assessment Governing Board.

11 ‘‘(3) Stipends and bonuses paid under this subsection

12 shall be taken into account in determining the eligibility

13 of the participant concerned for Federal student financial

14 assistance provided under title IV of the Higher Education

15 Act of 1965 (20 U.S.C. 1070 et seq.).

16 ‘‘(h) REIMBURSEMENT UNDER CERTAIN CIR17 CUMSTANCES.—(1) If a participant in the program fails

18 to obtain teacher certification or licensure or employment

19 as an elementary or secondary school teacher or vocational

20 or technical teacher as required under the agreement or

21 voluntarily leaves, or is terminated for cause, from the em22 ployment during the four years of required service, the

23 participant shall be required to reimburse the admin24 istering Secretary for any stipend paid to the participant

25 under subsection (g)(1) in an amount that bears the same
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1 ratio to the amount of the stipend as the unserved portion

2 of required service bears to the four years of required serv3 ice.

4 ‘‘(2) If a participant in the program who is paid a

5 bonus under subsection (g)(2) fails to obtain employment

6 for which the bonus was paid, or voluntarily leaves or is

7 terminated for cause from the employment during the four

8 years of required service, the participant shall be required

9 to reimburse the administering Secretary for the bonus in

10 an amount that bears the same ratio to the amount of

11 the bonus as the unserved portion of required service bears

12 to the four years of required service.

13 ‘‘(3)(A) The obligation to reimburse the admin14 istering Secretary under this subsection is, for all pur15 poses, a debt owing the United States.

16 ‘‘(B) A discharge in bankruptcy under title 11 shall

17 not release a participant from the obligation to reimburse

18 the administering Secretary under this subsection.

19 ‘‘(C) Any amount owed by a participant under para20 graph (1) or (2) shall bear interest at the rate equal to

21 the highest rate being paid by the United States on the

22 day on which the reimbursement is determined to be due

23 for securities having maturities of ninety days or less and

24 shall accrue from the day on which the participant is first

25 notified of the amount due.
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1 ‘‘(i) EXCEPTIONS TO REIMBURSEMENT PROVI2 SIONS.—(1) A participant in the program shall not be con3 sidered to be in violation of an agreement entered into

4 under subsection (f) during any period in which the

5 participant—

6 ‘‘(A) is pursuing a full-time course of study re7 lated to the field of teaching at an eligible institu8 tion;

9 ‘‘(B) is serving on active duty as a member of

10 the armed forces;

11 ‘‘(C) is temporarily totally disabled for a period

12 of time not to exceed three years as established by

13 sworn affidavit of a qualified physician;

14 ‘‘(D) is unable to secure employment for a pe15 riod not to exceed 12 months by reason of the care

16 required by a spouse who is disabled;

17 ‘‘(E) is seeking and unable to find full-time em18 ployment as a teacher in an elementary or secondary

19 school or as a vocational or technical teacher for a

20 single period not to exceed 27 months; or

21 ‘‘(F) satisfies the provisions of additional reim22 bursement exceptions that may be prescribed by the

23 administering Secretary.

24 ‘‘(2) A participant shall be excused from reimburse25 ment under subsection (h) if the participant becomes per-
168

•S 1060 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.
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1 ‘‘(2) The total amount of grants under paragraph (1)

2 in any fiscal year may not exceed $4,000,000.

3 ‘‘(m) LIMITATION ON USE OF FUNDS FOR MANAGE4 MENT INFRASTRUCTURE.—The administering Secretary

5 may utilize not more than five percent of the funds avail6 able to carry out the program for a fiscal year for purposes

7 of establishing and maintaining the management infra8 structure necessary to support the program.

9 ‘‘(n) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘administering Secretary’, with

11 respect to the program authorized by this section,

12 means the following:

13 ‘‘(A) The Secretary of Defense with re14 spect to the armed forces (other than the Coast

15 Guard) for the period beginning on October 23,

16 1992, and ending on the date of the completion

17 of the transfer of responsibility for the program

18 to the Secretary of Education under section

19 579(c) of the National Defense Authorization

20 Act for Fiscal Year 2000.

21 ‘‘(B) The Secretary of Transportation with

22 respect to the Coast Guard for the period re23 ferred to in subparagraph (A).
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1 ‘‘(C) The Secretary of Education for any

2 period after the period referred to in subpara3 graph (A).

4 ‘‘(2) The term ‘State’ includes the District of

5 Columbia, American Samoa, the Federated States of

6 Micronesia, Guam, the Republic of the Marshall Is7 lands, the Commonwealth of the Northern Mariana

8 Islands, the Commonwealth of Puerto Rico, the Re9 public of Palau, and the United States Virgin Is10 lands.

11 ‘‘(3) The term ‘alternative certification or licen12 sure requirements’ means State or local teacher cer13 tification or licensure requirements that permit a

14 demonstrated competence in appropriate subject

15 areas gained in careers outside of education to be

16 substituted for traditional teacher training course

17 work.’’.

18 (2) The table of sections at the beginning of chapter

19 58 of such title is amended by striking the item relating

20 to section 1151 and inserting the following new item:

‘‘1151. Assistance to certain separated or retired members to obtain certification

and employment as teachers.’’.

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

22 subsection (a) shall take effect on October 1, 1999.

23 (c) TRANSFER OF JURISDICTION OVER CURRENT

24 PROGRAM.—(1) The Secretary of Defense, Secretary of
171

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1 Transportation, and Secretary of Education shall provide

2 for the transfer to the Secretary of Education of any on3 going functions and responsibilities of the Secretary of De4 fense and the Secretary of Transportation with respect to

5 the program authorized by section 1151 of title 10, United

6 States Code, for the period beginning on October 23,

7 1992, and ending on September 30, 2001.

8 (2) The Secretaries shall complete the transfer under

9 paragraph (1) not later than October 1, 2001.

10 (3) After completion of the transfer, the Secretary

11 of Education shall discharge that Secretary’s functions

12 and responsibilities with respect to the program in con13 sultation with the Secretary of Defense and the Secretary

14 of Transportation with respect to the Coast Guard.

15 (d) REPORTS.—(1) Not later than March 31, 2002,

16 the Secretary of Education (in consultation with the Sec17 retary of Defense and the Secretary of Transportation)

18 and the Comptroller General shall each submit to Con19 gress a report on the effectiveness of the program author20 ized by section 1151 of title 10, United States Code (as

21 amended by subsection (a)), in the recruitment and reten22 tion of qualified personnel by local educational agencies

23 identified under subsection (b)(1) of such section 1151.

24 (2) The report under paragraph (1) shall include in25 formation on the following:
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1 (A) The number of participants in the program.

2 (B) The schools in which such participants are

3 employed.

4 (C) The grade levels at which such participants

5 teach.

6 (D) The subject matters taught by such partici7 pants.

8 (E) The effectiveness of the teaching of such

9 participants, as indicated by any relevant test scores

10 of the students of such participants.

11 (F) The extent of any academic improvement in

12 the schools in which such participants teach by rea13 son of their teaching.

14 (G) The rates of retention of such participants

15 by the local educational agencies employing such

16 participants.

17 (H) The effect of any stipends or bonuses

18 under subsection (g) of such section 1151 in enhanc19 ing participation in the program or in enhancing re20 cruitment or retention of participants in the pro21 gram by the local educational agencies employing

22 such participants.

23 (I) Such other matters as the Secretary of Edu24 cation or the Comptroller General, as the case may

25 be, considers appropriate.
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1 (3) The report of the Comptroller General under

2 paragraph (1) shall also include any recommendations of

3 the Comptroller General as to means of improving the pro4 gram, including means of enhancing the recruitment and

5 retention of participants in the program.

6 SEC. 580. SUPPORT FOR EXPANDED CHILD CARE SERV7 ICES AND YOUTH PROGRAM SERVICES FOR

8 DEPENDENTS.

9 (a) AUTHORITY.—(1) Subchapter II of chapter 88 of

10 title 10, United States Code, is amended—

11 (A) by redesignating section 1798 as section

12 1800; and

13 (B) by inserting after section 1797 the fol14 lowing:

15 ‘‘§ 1798. Child care services and youth program serv16 ices for dependents: financial assistance

17 for providers

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

19 provide financial assistance to an eligible civilian provider

20 of child care services or youth program services that fur21 nishes such services for members of the armed forces and

22 employees of the Federal Government if the Secretary de23 termines that providing the assistance—

24 ‘‘(1) is in the best interest of the Department

25 of Defense;
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1 ‘‘(2) enables supplementation or expansion of

2 furnishing of the services for military installations;

3 and

4 ‘‘(3) ensures that the eligible provider is able to

5 comply, and does comply, with the regulations, poli6 cies, and standards of the Department of Defense

7 that are applicable to the furnishing of such services.

8 ‘‘(b) ELIGIBLE PROVIDER.—A provider of child care

9 services or youth program services is eligible for financial

10 assistance under paragraph (1) if the provider—

11 ‘‘(1) is licensed to provide the services under

12 applicable State and local law;

13 ‘‘(2) has previously provided such services for

14 members of the armed forces or employees of the

15 Federal Government; and

16 ‘‘(3) either—

17 ‘‘(A) is a provider of otherwise federally

18 funded or sponsored child development services;

19 ‘‘(B) provides the services in a child devel20 opment center owned and operated by a private,

21 not-for-profit organization;

22 ‘‘(C) is a provider of family child care serv23 ices;
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1 ‘‘(D) conducts a before-school or after2 school child care program in a public school fa3 cility;

4 ‘‘(E) conducts an otherwise federally fund5 ed or federally sponsored school age child care

6 or youth services program;

7 ‘‘(F) conducts a school age child care or

8 youth services program that is owned and oper9 ated by a not-for-profit organization; or

10 ‘‘(G) is a provider of another category of

11 child care services or youth services determined

12 by the Secretary of Defense as appropriate for

13 meeting the needs of members of the armed

14 forces or employees of the Department of De15 fense.

16 ‘‘(c) FUNDING.—To provide financial assistance

17 under this subsection, the Secretary of Defense may use

18 any funds available for the Department of Defense.

19 ‘‘(d) BIENNIAL REPORT.—(1) Every two years the

20 Secretary of Defense shall submit to Congress a report

21 on the exercise of authority under this section. The report

22 shall include an evaluation of the effectiveness of the au23 thority for meeting the needs of members of the armed

24 forces or employees of the Department of Defense for child

25 care services and youth program services. The report may
176

•S 1060 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:
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1 ‘‘(1) To support the integration of children and

2 youth of military families into civilian communities.

3 ‘‘(2) To make more efficient use of Department

4 of Defense facilities and resources.

5 ‘‘(3) To establish or support a partnership or

6 consortium arrangement with schools and other

7 youth services organizations serving children of the

8 armed forces.

9 ‘‘(d) BIENNIAL REPORT.—(1) Every two years the

10 Secretary of Defense shall submit to Congress a report

11 on the exercise of authority under this section. The report

12 shall include an evaluation of the effectiveness of the au13 thority for achieving the objectives set out under sub14 section (c). The report may include any recommendations

15 for legislation that the Secretary considers appropriate to

16 enhance the capability of the Department of Defense to

17 attain those objectives.

18 ‘‘(2) A biennial report under this subsection may be

19 combined with the biennial report under section 1798(d)

20 of this title into one report for submission to Congress.’’.

21 (2) The table of sections at the beginning of such sub22 chapter is amended by striking the item relating to section

23 1798 and inserting the following:

‘‘1798. Child care services and youth program services for dependents: financial

assistance for providers.’’.

‘‘1799. Child care services and youth program services for dependents: participation by children and youth otherwise ineligible.

‘‘1800. Definitions.’’.
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1 (b) FIRST BIENNIAL REPORTS.—The first biennial

2 reports under sections 1798(d) and 1799(d) of title 10,

3 United States Code (as added by subsection (a)), shall be

4 submitted not later than March 31, 2002, and shall cover

5 fiscal years 2000 and 2001.

6 SEC. 581. RESPONSES TO DOMESTIC VIOLENCE IN THE

7 ARMED FORCES.

8 (a) MILITARY-CIVILIAN TASK FORCE ON DOMESTIC

9 VIOLENCE.—(1) The Secretary of Defense shall establish

10 a Military-Civilian Task Force on Domestic Violence. The

11 Secretary shall appoint the members of the task force in

12 accordance with this section not later than six months

13 after the date of the enactment of this Act.

14 (2)(A) Not later than six months after the date on

15 which all members of the task force are appointed, the

16 task force shall submit to the Secretary of Defense rec17 ommendations on the matters set out under subsection

18 (b). The task force shall, thereafter, submit to the Sec19 retary of Defense from time to time any analyses and rec20 ommendations for policies regarding how the Armed

21 Forces can effectively respond, and improve responses, to

22 cases of domestic violence that the task force considers

23 appropriate.

24 (B) The task force shall submit to Congress an an25 nual report containing a detailed discussion of the achieve-
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•S 1060 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
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1 researchers in domestic violence including, but not

2 limited to, the following:

3 (i) At least two representatives from the

4 national domestic violence resource center and

5 the special issue resource centers referred to in

6 section 308 of the Family Violence Prevention

7 and Services Act (42 U.S.C. Sec. 10407).

8 (ii) At least two representatives from na9 tional domestic violence and sexual assault pol10 icy organizations.

11 (iii) At least two representatives from se12 lected States’ domestic violence and sexual as13 sault coalitions.

14 (iv) At least two local domestic violence

15 and sexual assault service providers in commu16 nities located near military installations.

17 (H) Civilian law enforcement personnel (ap18 pointed in consultation with the Attorney General).

19 (I) Representatives of the Department of Jus20 tice (appointed in consultation with the Attorney

21 General) from the following offices:

22 (i) The Office on Violence Against Women.

23 (ii) The Violence Against Women Grants

24 Office.
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1 (J) Representatives of the Department of

2 Health and Human Services (appointed in consulta3 tion with the Secretary of Health and Human Serv4 ices) from the Family Violence Prevention and Serv5 ices Office.

6 (4) The Secretary shall ensure that the task force in7 cludes the following:

8 (A) Representatives of the Office of the Sec9 retary of Defense.

10 (B) General and flag officers.

11 (C) Noncommissioned officers.

12 (D) Other enlisted personnel.

13 (5) The Secretary of Defense shall annually designate

14 to chair the task force one member of the task force from

15 among the members on a list of nominees submitted to

16 the Secretary for that purpose by the task force.

17 (6) Each member of the task force shall serve without

18 compensation (other than the compensation to which enti19 tled as a member of the Armed Forces or an officer or

20 employee of the United States, as the case may be), but

21 shall be allowed travel expenses, including per diem in lieu

22 of subsistence, at rates authorized for employees of agen23 cies under subchapter I of chapter 57 of title 5, United

24 States Code, while away from the member’s home or reg-
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•S 1060 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
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1 subsection (a)(2)(A), the Secretary of Defense shall, in

2 consultation with the task force, prescribe the following:

3 (1) Standard formats for memorandums of

4 agreement or understanding to be used by the Secre5 taries of the military departments for entering into

6 agreements with civilian law enforcement authorities

7 relating to acts of domestic violence involving mem8 bers of the Armed Forces.

9 (2) A requirement for a commanding officer of

10 a member of the Armed Forces ordered by a supe11 rior not to have contact with a person to give a writ12 ten copy of the order to each person protected by the

13 order within 24 hours after the issuance of the

14 order.

15 (3) Standard guidance on the factors for com16 manders to consider when determining appropriate

17 action for substantiated allegations of domestic vio18 lence by a person subject to that Code.

19 (4) A standard training program for all com20 manding officers in the Armed Forces, including a

21 standard curriculum, on the handling of domestic vi22 olence cases.

23 (c) REPORTING REQUIREMENTS.—(1) The Secretary

24 shall establish a central database of information on the
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1 cases of domestic violence involving members of the Armed

2 Forces.

3 (2) The Secretary shall require the administrator of

4 each family advocacy program of the Armed Forces to

5 maintain and report annually to the administrator of the

6 database established under paragraph (1), the information

7 received or developed under the program on the following

8 matters:

9 (A) Each domestic violence case reported to a

10 commander, any law enforcement authority of the

11 Armed Forces, or a family advocacy program of the

12 Department of Defense.

13 (B) The number of the cases that involve evi14 dence determined sufficient for supporting discipli15 nary action and, for each such case, a description of

16 the substantiated allegation and the action taken by

17 command authorities in the case.

18 (C) The number of the cases that involve evi19 dence determined insufficient for supporting discipli20 nary action and, for each such case, a description of

21 the allegation.

22 (3) The Secretary shall submit to Congress an annual

23 report on the data submitted to the central database es24 tablished under paragraph (1).
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1 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
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COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–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
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WARRANT OFFICERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–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
188

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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.
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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.
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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.
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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
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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
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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
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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).
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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’’.
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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
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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
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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’’.
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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,
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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
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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:
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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-
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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
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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
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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
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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).
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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
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•S 1060 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
209

•S 1060 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.
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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:
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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;
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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
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•S 1060 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
214

•S 1060 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
215

•S 1060 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—
216

•S 1060 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
217

•S 1060 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-
218

•S 1060 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.
219

•S 1060 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—
220

•S 1060 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
221

•S 1060 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.
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•S 1060 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
223

•S 1060 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
224

•S 1060 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
225

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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
226

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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
227

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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—
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•S 1060 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-
229

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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.
230

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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—
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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.
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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
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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
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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.’’.
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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);
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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.
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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
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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
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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
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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.’’.
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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
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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.
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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.
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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.
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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
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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’’.
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1 (2) The table of sections at the beginning of chapter

2 7 of title 37, United States Code, is amended by inserting

3 after the item relating to section 434 the following:

‘‘435. Per diem allowance for lengthy or numerous deployments.’’.

4 (d) APPLICABILITY AND IMPLEMENTATION.—(1)

5 Section 991 of title 10, United States Code (as added by

6 subsection (a)), and section 435 of title 37, United States

7 Code (as added by subsection (b)), shall apply with respect

8 to service performed after September 30, 2000.

9 (2) Not later than June 1, 2000, the Secretary of

10 each military department shall prescribe in regulations the

11 policies and procedures for implementing such provisions

12 of law for that military department.

13 SEC. 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:
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1 ‘‘(4) in the case of a member deployed outside

2 the United States in support of a contingency oper3 ation or similar operation, all of the charges may be

4 paid while the member is so deployed.’’.

5 (b) INCREASED AUTHORITY SUBJECT TO APPRO6 PRIATIONS.—The authority to pay additional tuition as7 sistance under paragraph (4) of section 2007(a) of title

8 10, United States Code, as added by subsection (a), may

9 be exercised only to the extent provided for in appropria10 tions Acts.

11 SEC. 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—
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1 (1) by adding at the end of subsection (a) the

2 following:

3 ‘‘(17) Section 6141, Presentation of United

4 States flag upon retirement.’’; and

5 (2) in subsection (b), by inserting ‘‘the Sec6 retary of a military department,’’ after ‘‘ ‘the Sec7 retary concerned’,’’.

8 (b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN9 ISTRATION.—Section 3 of the Act entitled ‘‘An Act to re10 vise, codify, and enact into law, title 10 of the United

11 States Code, entitled ‘Armed Forces’, and title 32 of the

12 United States Code, entitled ‘National Guard’ ’’, approved

13 August 10, 1956 (33 U.S.C. 857a), is amended—

14 (1) by adding at the end of subsection (a) the

15 following:

16 ‘‘(17) Section 6141, Presentation of United

17 States flag upon retirement.’’; and

18 (2) in subsection (b), by inserting ‘‘the Sec19 retary of a military department,’’ after ‘‘ ‘the Sec20 retary concerned’,’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 subsections (a) and (b) shall take effect as of October 1,

23 1998, and shall apply with respect to releases from active

24 duty for retirement on or after that date from service in

25 the commissioned Regular Corps of the Public Health
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1 Service or for service as a commissioned officer of the Na2 tional Oceanic and Atmospheric Administration on the ac3 tive list, as the case may be.

4 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.
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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
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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,
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1 and other health care services. The method of computation

2 may be—

3 ‘‘(A) a method that is based on—

4 ‘‘(i) per diem rates;

5 ‘‘(ii) all-inclusive rates for each visit;

6 ‘‘(iii) diagnosis-related groups; or

7 ‘‘(iv) rates prescribed under the regulations

8 implementing sections 1079 and 1086 of this

9 title; or

10 ‘‘(B) any other method considered appropriate.

11 ‘‘(c) CONSULTATION REQUIREMENT.—The Secretary

12 of Defense shall carry out the responsibilities under this

13 section after consultation with the other administering

14 Secretaries.’’.

15 (2) The table of sections at the beginning of chapter

16 55 of such title is amended by inserting after the item

17 relating to section 1097a the following new item:

‘‘1097b. TRICARE: benefits and services.

‘‘1097c. TRICARE: financial management.’’.

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

19 subsection (a) shall take effect one year after the date of

20 the enactment of this Act.

21 (c) REPORT ON IMPLEMENTATION.—(1) Not later

22 than 6 months after the date of the enactment of this Act,

23 the Secretary of Defense, in consultation with the other

24 administering Secretaries, shall submit to Congress a re-
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1 port assessing the effects of the implementation of the re2 quirements and authorities set forth in sections 1097b and

3 1097c of title 10, United States Code (as added by sub4 section (a)).

5 (2) The report shall include the following:

6 (A) An assessment of the cost of the implemen7 tation of such requirements and authorities.

8 (B) An assessment of whether the implementa9 tion of any such requirements and authorities will

10 result in the utilization by the TRICARE program

11 of the best industry practices with respect to the

12 matters covered by such requirements and authori13 ties.

14 (3) In this subsection, the term ‘‘administering Secre15 taries’’ has the meaning given that term in section

16 1072(3) of title 10, United States Code.

17 SEC. 702. EXPANSION AND REVISION OF AUTHORITY FOR

18 DENTAL PROGRAMS FOR DEPENDENTS AND

19 RESERVES.

20 (a) AUTHORITY.—Chapter 55 of title 10, United

21 States Code, is amended by striking sections 1076a and

22 1076b and inserting the following:

23 ‘‘§ 1076a. TRICARE dental program

24 ‘‘(a) ESTABLISHMENT OF DENTAL PLANS.—The

25 Secretary of Defense may establish, and in the case of the
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1 dental plan described in paragraph (1) shall establish, the

2 following voluntary enrollment dental plans:

3 ‘‘(1) PLAN FOR SELECTED RESERVE AND INDI4 VIDUAL READY RESERVE.—A dental insurance plan

5 for members of the Selected Reserve of the Ready

6 Reserve and for members of the Individual Ready

7 Reserve described in subsection 10144(b) of this

8 title.

9 ‘‘(2) PLAN FOR OTHER RESERVES.—A dental

10 insurance plan for members of the Individual Ready

11 Reserve not eligible to enroll in the plan established

12 under paragraph (1).

13 ‘‘(3) PLAN FOR ACTIVE DUTY DEPENDENTS.—

14 Dental benefits plans for eligible dependents of

15 members of the uniformed services who are on active

16 duty for a period of more than 30 days.

17 ‘‘(4) PLAN FOR READY RESERVE DEPEND18 ENTS.—A dental benefits plan for eligible depend19 ents of members of the Ready Reserve of the reserve

20 components who are not on active duty for more

21 than 30 days.

22 ‘‘(b) ADMINISTRATION OF PLANS.—The plans estab23 lished under this section shall be administered under regu24 lations prescribed by the Secretary of Defense in consulta25 tion with the other administering Secretaries.
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1 ‘‘(c) CARE AVAILABLE UNDER PLANS.—Dental plans

2 established under subsection (a) may provide for the fol3 lowing dental care:

4 ‘‘(1) Diagnostic, oral examination, and preven5 tive services and palliative emergency care.

6 ‘‘(2) Basic restorative services of amalgam and

7 composite restorations, stainless steel crowns for pri8 mary teeth, and dental appliance repairs.

9 ‘‘(3) Orthodontic services, crowns, gold fillings,

10 bridges, complete or partial dentures, and such other

11 services as the Secretary of Defense considers to be

12 appropriate.

13 ‘‘(d) PREMIUMS.—

14 ‘‘(1) PREMIUM SHARING PLANS.—(A) The den15 tal insurance plan established under subsection

16 (a)(1) and the dental benefits plans established

17 under subsection (a)(3) are premium sharing plans.

18 ‘‘(B) Members enrolled in a premium sharing

19 plan for themselves or for their dependents shall be

20 required to pay a share of the premium charged for

21 the benefits provided under the plan. The member’s

22 share of the premium charge may not exceed $20

23 per month for the enrollment.

24 ‘‘(C) Effective as of January 1 of each year, the

25 amount of the premium required under subpara-
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1 graph (A) shall be increased by the percent equal to

2 the lesser of—

3 ‘‘(i) the percent by which the rates of basic

4 pay of members of the uniformed services are

5 increased on such date; or

6 ‘‘(ii) the sum of one-half percent and the

7 percent computed under section 5303(a) of title

8 5 for the increase in rates of basic pay for stat9 utory pay systems for pay periods beginning on

10 or after such date.

11 ‘‘(D) The Secretary of Defense may reduce the

12 monthly premium required to be paid under para13 graph (1) in the case of enlisted members in pay

14 grade E–1, E–2, E–3, or E–4 if the Secretary deter15 mines that such a reduction is appropriate to assist

16 such members to participate in a dental plan re17 ferred to in subparagraph (A).

18 ‘‘(2) FULL PREMIUM PLANS.—(A) The dental

19 insurance plan established under subsection (a)(2)

20 and the dental benefits plan established under sub21 section (a)(4) are full premium plans.

22 ‘‘(B) Members enrolled in a full premium plan

23 for themselves or for their dependents shall be re24 quired to pay the entire premium charged for the

25 benefits provided under the plan.
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1 ‘‘(3) PAYMENT PROCEDURES.—A member’s

2 share of the premium for a plan established under

3 subsection (a) may be paid by deductions from the

4 basic pay of the member and from compensation

5 paid under section 206 of title 37, as the case may

6 be. The regulations prescribed under subsection (b)

7 shall specify the procedures for payment of the pre8 miums by enrollees who do not receive such pay.

9 ‘‘(e) COPAYMENTS UNDER PREMIUM SHARING

10 PLANS.—A member or dependent who receives dental care

11 under a premium sharing plan referred to in subsection

12 (d)(1) shall—

13 ‘‘(1) in the case of care described in subsection

14 (c)(1), pay no charge for the care;

15 ‘‘(2) in the case of care described in subsection

16 (c)(2), pay 20 percent of the charges for the care;

17 and

18 ‘‘(3) in the case of care described in subsection

19 (c)(3), pay a percentage of the charges for the care

20 that is determined appropriate by the Secretary of

21 Defense, after consultation with the other admin22 istering Secretaries.

23 ‘‘(f) TRANSFER OF MEMBERS.—If a member whose

24 dependents are enrolled in the plan established under sub25 section (a)(3) is transferred to a duty station where dental
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1 care is provided to the member’s eligible dependents under

2 a program other than that plan, the member may dis3 continue participation under the plan. If the member is

4 later transferred to a duty station where dental care is

5 not provided to such member’s eligible dependents except

6 under the plan established under subsection (a)(3), the

7 member may re-enroll the dependents in that plan.

8 ‘‘(g) CARE OUTSIDE THE UNITED STATES.—The

9 Secretary of Defense may exercise the authority provided

10 under subsection (a) to establish dental insurance plans

11 and dental benefits plans for dental benefits provided out12 side the United States for the eligible members and de13 pendents of members of the uniformed services. In the

14 case of such an overseas dental plan, the Secretary may

15 waive or reduce any copayments required by subsection

16 (e) to the extent the Secretary determines appropriate for

17 the effective and efficient operation of the plan.

18 ‘‘(h) WAIVER OF REQUIREMENTS FOR SURVIVING

19 DEPENDENTS.—The Secretary of Defense may waive (in

20 whole or in part) any requirements of a dental plan estab21 lished under this section as the Secretary determines nec22 essary for the effective administration of the plan for a

23 dependent who is an eligible dependent described in sub24 section (k)(2).
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1 ‘‘(i) AUTHORITY SUBJECT TO APPROPRIATIONS.—

2 The authority of the Secretary of Defense to enter into

3 a contract under this section for any fiscal year is subject

4 to the availability of appropriations for that purpose.

5 ‘‘(j) LIMITATION ON REDUCTION OF BENEFITS.—

6 The Secretary of Defense may not reduce benefits pro7 vided under a plan established under this section until—

8 ‘‘(1) the Secretary provides notice of the Sec9 retary’s intent to reduce such benefits to the Com10 mittees on Armed Services of the Senate and the

11 House of Representatives; and

12 ‘‘(2) one year has elapsed following the date of

13 such notice.

14 ‘‘(k) ELIGIBLE DEPENDENT DEFINED.—In this sec15 tion, the term ‘eligible dependent’—

16 ‘‘(1) means a dependent described in subpara17 graph (A), (D), or (I) of section 1072(2) of this

18 title; and

19 ‘‘(2) includes any such dependent of a member

20 who dies while on active duty for a period of more

21 than 30 days or a member of the Ready Reserve if

22 the dependent is enrolled on the date of the death

23 of the member in a dental benefits plan established

24 under subsection (a), except that the term does not

25 include the dependent after the end of the one-year
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1 period beginning on the date of the member’s

2 death.’’.

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

4 at the beginning of chapter 55 of such title is amended

5 by striking out the items relating to sections 1076a and

6 1076b and inserting the following:

‘‘1076a. TRICARE dental program.’’.

7 SEC. 703. SENSE OF CONGRESS REGARDING AUTOMATIC

8 ENROLLMENT OF MEDICARE-ELIGIBLE BENE9 FICIARIES IN THE TRICARE SENIOR PRIME

10 DEMONSTRATION PROGRAM.

11 It is the sense of Congress that—

12 (1) any person who is enrolled in a managed

13 health care program of the Department of Defense

14 where the TRICARE Senior Prime demonstration

15 program is implemented and who attains eligibility

16 for medicare should be automatically authorized to

17 enroll in the TRICARE Senior Prime demonstration

18 program; and

19 (2) the Secretary of Defense, in coordination

20 with the other administering Secretaries referred to

21 in section 1072(3) of title 10, United States Code,

22 should modify existing policies and procedures for

23 the TRICARE Senior Prime demonstration program

24 as necessary to permit the automatic enrollment.
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1 SEC. 704. TRICARE BENEFICIARY ADVOCATES.

2 (a) ESTABLISHMENT OF POSITIONS.—The Secretary

3 of Defense shall require in regulations that—

4 (1) each lead agent under the TRICARE

5 program—

6 (A) designate a person to serve full-time as

7 a beneficiary advocate for TRICARE bene8 ficiaries; and

9 (B) provide for toll-free telephone commu10 nication between TRICARE beneficiaries and

11 the beneficiary advocate; and

12 (2) the commander of each medical care facility

13 under chapter 55 of title 10, United States Code,

14 designate a person to serve, as a primary or collat15 eral duty, as beneficiary advocate for TRICARE

16 beneficiaries served at that facility.

17 (b) DUTIES.—The Secretary shall prescribe the du18 ties of the position of beneficiary advocate in the regula19 tions.

20 (c) INITIAL DESIGNATIONS.—Each beneficiary advo21 cate required under the regulations shall be designated not

22 later than January 15, 2000.
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1 Subtitle B—Other Matters

2 SEC. 711. CARE AT FORMER UNIFORMED SERVICES

3 TREATMENT FACILITIES FOR ACTIVE DUTY

4 MEMBERS STATIONED AT CERTAIN REMOTE

5 LOCATIONS.

6 (a) AUTHORITY.—Care may be furnished by a des7 ignated provider pursuant to any contract entered into by

8 the designated provider under section 722(b) of the Na9 tional Defense Authorization Act for Fiscal Year 1997

10 (Public Law 104–201; 10 U.S.C. 1073 note) to eligible

11 members who reside within the service area of the des12 ignated provider.

13 (b) ELIGIBILITY.—A member of the Armed Forces

14 is eligible for care under subsection (a) if the member is

15 a member described in section 731(c) of the National De16 fense Authorization Act for Fiscal Year 1998 (Public Law

17 105–85; 111 Stat. 1811; 10 U.S.C. 1074 note).

18 (c) APPLICABLE POLICIES.—In furnishing care to an

19 eligible member under subsection (a), a designated pro20 vider shall adhere to the Department of Defense policies

21 applicable to the furnishing of care under the TRICARE

22 Prime Remote program, including coordinating with uni23 formed services medical authorities for hospitalizations

24 and all referrals for specialty care.
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1 (d) REIMBURSEMENT RATES.—The Secretary of De2 fense, in consultation with the designated providers, shall

3 prescribe reimbursement rates for care furnished to eligi4 ble members under subsection (a). The rates prescribed

5 for care may not exceed the amounts allowable under the

6 TRICARE Standard plan for the same care.

7 SEC. 712. ONE-YEAR EXTENSION OF CHIROPRACTIC

8 HEALTH CARE DEMONSTRATION PROGRAM.

9 Section 731(b) of the National Defense Authorization

10 Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C.

11 1092 note) is amended by striking ‘‘1999’’ and inserting

12 ‘‘2000’’.

13 SEC. 713. PROGRAM YEAR STABILITY IN HEALTH CARE

14 BENEFITS.

15 Section 1073 of title 10, United States Code, is

16 amended—

17 (1) by inserting ‘‘(a) RESPONSIBLE OFFI18 CIALS.—’’ at the beginning of the text of the section;

19 and

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

21 ‘‘(b) STABILITY IN PROGRAM OF BENEFITS.—The

22 Secretary of Defense shall, to the maximum extent prac23 ticable, provide a stable program of benefits under this

24 chapter throughout each fiscal year. To achieve the sta25 bility in the case of contracts entered into under this chap-
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1 ter, the contracts shall be administered so as to implement

2 at the beginning of a fiscal year all changes in benefits

3 and administration that are to be made for that fiscal

4 year. However, the Secretary of Defense may implement

5 any such change after the fiscal year begins if the Sec6 retary determines that the change would significantly im7 prove the provision of care to eligible beneficiaries under

8 this chapter or that the later implementation of the change

9 would, for other reasons, result in a more effective provi10 sion of care to eligible beneficiaries.’’.

11 SEC. 714. BEST VALUE CONTRACTING.

12 (a) AUTHORITY.—Chapter 55 of title 10, United

13 States Code, is amended by inserting after section 1073

14 the following:

15 ‘‘§ 1073a. Contracts for health care: best value con16 tracting

17 ‘‘(a) AUTHORITY.—Under regulations prescribed by

18 the administering Secretaries, health care contracts shall

19 be awarded in the administration of this chapter to the

20 offeror or offerors that will provide the best value to the

21 United States to the maximum extent consistent with fur22 nishing high-quality health care in a manner that protects

23 the fiscal and other interests of the United States.

24 ‘‘(b) FACTORS CONSIDERED.—In the determination

25 of best value—
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1 ‘‘(1) consideration shall be given to the factors

2 specified in the regulations; and

3 ‘‘(2) greater weight shall be accorded to tech4 nical and performance-related factors than to cost

5 and price-related factors.

6 ‘‘(c) APPLICABILITY.—The authority under the regu7 lations shall apply to any contract in excess of

8 $5,000,000.’’.

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

10 at the beginning of such chapter is amended by inserting

11 after the item relating to section 1073 the following:

‘‘1073a. Contracts for health care: best value contracting.’’.

12 SEC. 715. AUTHORITY TO ORDER RESERVE COMPONENT

13 MEMBERS TO ACTIVE DUTY FOR HEALTH

14 SURVEILLANCE STUDIES.

15 Section 12301 of title 10, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(h) When authorized by the Secretary of Defense,

19 the Secretary concerned may order a member of a reserve

20 component to active duty, with the consent of that mem21 ber, for a Department of Defense health surveillance study

22 required under other authority, including any associated

23 medical evaluation of the member. The Secretary con24 cerned may, with the member’s consent, retain the mem25 ber on active duty for medical treatment authorized by law
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1 for a condition associated with the study or evaluation.

2 A member of the Army National Guard of the United

3 States or of the Air National Guard of the United States

4 may not be ordered to active duty under this subsection

5 without the consent of the governor or other appropriate

6 authority of the State concerned.’’.

7 SEC. 716. CONTINUATION OF PREVIOUSLY PROVIDED CUS8 TODIAL CARE BENEFITS FOR CERTAIN

9 CHAMPUS BENEFICIARIES.

10 (a) CONTINUATION OF COVERAGE.—Subject to sub11 section (c), the Secretary of Defense may continue pay12 ment under the Civilian Health and Medical Program of

13 the Uniformed Services (as defined in section 1072 of title

14 10, United States Code) for domiciliary or custodial care

15 services, otherwise excluded by regulations implementing

16 section 1077(b)(1) of such title, on behalf of beneficiaries

17 described in subsection (b).

18 (b) COVERED BENEFICIARIES.—Beneficiaries re19 ferred to in subsection (a) are covered beneficiaries (as

20 defined in section 1072 of such title) who, prior to the

21 effective date of final regulations to implement the indi22 vidual case management program authorized by section

23 1079(a)(17) of such title, were provided domiciliary or

24 custodial care services for which the Secretary provided

25 payment.
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1 (c) SECRETARIAL AUTHORITY.—The authority pro2 vided by subsection (a) is subject to a case-by-case deter3 mination by the Secretary that discontinuation of payment

4 for domiciliary or custodial care services or transition

5 under the case management program authorized by such

6 section 1079(a)(17) to alternative programs and services

7 would be inadequate to meet the needs of, and unjust to,

8 the beneficiary.

9 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:
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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:
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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—
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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
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1 in section 8(d)(3)(C) of the Small Business Act (15

2 U.S.C. 637(d)(3)(C)).

3 (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
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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;
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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
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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
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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
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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
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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;
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.’’.
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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.
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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
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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-
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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
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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
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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
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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.’’.
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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;
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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;
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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-
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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-
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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.
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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;
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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):
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1 ‘‘(c) A contract for the procurement of subsistence

2 items that is entered into under the prime vendor program

3 of the Defense Logistics Agency may specify for the pur4 poses of section 3902 of this title a single required pay5 ment date that is to be applicable to an invoice for subsist6 ence items furnished under the contract when more than

7 one payment due date would otherwise be applicable to

8 the invoice under the regulations prescribed under para9 graphs (2), (3), and (4) of subsection (a) or under any

10 other provisions of law. The required payment date speci11 fied in the contract shall be consistent with prevailing in12 dustry practices for the subsistence items, but may not

13 be more than 10 days after the date of receipt of the in14 voice. 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:
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1 ‘‘§ 2784. Payments to personnel: electronic transfers

2 of funds

3 ‘‘(a) AUTHORITY.—The Secretary of Defense may re4 quire that pay, allowances, retired or retainer pay, and

5 any other payments out of funds available to the Depart6 ment of Defense to or for members of the armed forces,

7 former members of the armed forces, employees or former

8 employees of the Department of Defense, or dependents

9 of such personnel be made by electronic transfer of funds.

10 For any such requirement, the Secretary of Defense may

11 prescribe in regulations any exceptions that the Secretary

12 considers appropriate.

13 ‘‘(b) RELATIONSHIP TO OTHER LAW.—The authority

14 under subsection (a) is independent of the authority pro15 vided under section 3332 of title 31 and may be exercised

16 without regard to any exception provided under that sec17 tion.’’.

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

19 at the beginning of such chapter is amended by adding

20 at the end the following:

‘‘2784. Payments to personnel: electronic transfers of funds.’’.

21 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—
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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.’’.
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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
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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
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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.
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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.
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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.’’.
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1 SEC. 1012. PERIOD OF DELAY AFTER NOTICE OF PRO2 POSED TRANSFER OF VESSEL STRICKEN

3 FROM NAVAL VESSEL REGISTER.

4 Section 7306(d) of title 10, United States Code, is

5 amended—

6 (1) by striking ‘‘(1)’’;

7 (2) by striking ‘‘(A)’’ and inserting ‘‘(1)’’; and

8 (3) by striking ‘‘(B)’’ and all that follows and

9 inserting the following:

10 ‘‘(2) following the date on which such notice is

11 sent to Congress, there has elapsed 60 days on

12 which at least one of the Houses of Congress has

13 been in session.’’.

14 Subtitle C—Miscellaneous Report

15 Requirements and Repeals

16 SEC. 1021. PRESERVATION OF CERTAIN DEFENSE REPORT17 ING REQUIREMENTS.

18 (a) PRESERVATION.—Any provision of law specified

19 in subsections (b) through (i) that requires the submittal

20 to Congress (or any committee of the Congress) of any

21 annual, semiannual, or other regular periodic report shall

22 remain in effect with respect to that requirement (notwith23 standing any other provision of law) in accordance with

24 the terms of the specified provision of law.
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1 (b) TITLE 10.—Subsection (a) applies with respect

2 to the following provisions of title 10, United States Code,

3 listed in the Clerk’s Report (defined in subsection (j)):

4 (1) Sections 113(c) and 113(j), listed on page

5 57 of the Clerk’s Report.

6 (2) Section 115a(a), listed on page 57 of the

7 Clerk’s Report as 10 U.S.C. 115(b)(3)(A).

8 (3) Section 139(f), listed on page 62 of the

9 Clerk’s Report as 10 U.S.C. 138(g)(1).

10 (4) Section 221, listed on page 64 of the

11 Clerk’s Report as 10 U.S.C. 114.

12 (5) Section 226, specified on page 149 of the

13 Clerk’s Report as section 1002 of Public Law 102–

14 190.

15 (6) Section 662(b), listed on page 58 of the

16 Clerk’s Report.

17 (7) Section 1464(c), listed on page 60 of the

18 Clerk’s Report.

19 (8) Section 2006(e)(3), listed on page 76 of the

20 Clerk’s Report.

21 (9) Section 2010, listed on page 57 of the

22 Clerk’s Report.

23 (10) Section 2011(e), listed on page 56 of the

24 Clerk’s Report as Pub. L. 102–190, Sec. 1052(a).
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1 (11) Section 2208(q), listed on page 64 of the

2 Clerk’s Report as 10 U.S.C. 2208(i).

3 (12) Section 2391(c), listed on page 62 of the

4 Clerk’s Report.

5 (13) Section 2431(a), listed on page 63 of the

6 Clerk’s Report.

7 (14) Section 2432, listed on page 63 of the

8 Clerk’s Report.

9 (15) Section 2433, listed on page 63 of the

10 Clerk’s Report as 10 U.S.C. 2433(e)(1) and

11 2433(e)(2)(A).

12 (16) Section 2461(g), listed on page 62 of the

13 Clerk’s Report as 10 U.S.C. 2304 note.

14 (17) Section 2662(b), listed on pages 69, 74,

15 and 76 of the Clerk’s Report.

16 (18) Section 2687(b), listed on page 62 of the

17 Clerk’s Report.

18 (19) Section 2706, listed on page 60 of the

19 Clerk’s Report.

20 (20) Section 2859, listed on page 58 of the

21 Clerk’s Report.

22 (21) Section 2902(g)(2), specified on page 148

23 of the Clerk’s Report as section 1804(a) of Public

24 Law 101–510.
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1 (22) Section 10541(a), listed on page 57 of the

2 Clerk’s Report as 10 U.S.C. 115(a).

3 (23) Section 12302(d), listed on page 14 of the

4 Clerk’s Report as 10 U.S.C. 673(d).

5 (24) Section 16137, listed on page 59 of the

6 Clerk’s Report as 10 U.S.C. 2137.

7 (c) TITLE 37.—Subsection (a) applies with respect

8 to sections 1008(a) and 1008(b) of title 37, United States

9 Code, listed on page 14 of the Clerk’s Report (defined in

10 subsection (j)).

11 (d) NATIONAL DEFENSE AND MILITARY CONSTRUC12 TION AUTHORIZATION ACTS.—Subsection (a) applies with

13 respect to provisions of law listed in the Clerk’s Report

14 (defined in subsection (j)), as follows:

15 (1) FISCAL YEAR 1982.—The following provi16 sions of the Military Construction Authorization Act,

17 1982 (Public Law 97–99):

18 (A) Section 703(g) (95 Stat. 1376), listed

19 on page 62 of the Clerk’s Report.

20 (B) Section 704 (95 Stat. 1377), listed on

21 pages 68, 73, and 75 of the Clerk’s Report.

22 (2) FISCAL YEARS 1988 AND 1989.—Section

23 1121(f) of the National Defense Authorization Act

24 for Fiscal Year 1988 and 1989 (Public Law 100–
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1 180; 101 Stat. 1148; 10 U.S.C. 113 note) (listed on

2 page 61 of the Clerk’s Report).

3 (3) FISCAL YEARS 1990 AND 1991.—Section

4 113(b) of the National Defense Authorization Act

5 for Fiscal Year 1990 and 1991 (Public Law 101–

6 189; 103 Stat. 1373) (listed on page 2 of the Clerk’s

7 Report).

8 (4) FISCAL YEARS 1992 AND 1993.—The fol9 lowing provisions of the National Defense Authoriza10 tion Act for Fiscal Years 1992 and 1993 (Public

11 Law 102–190):

12 (A) Section 822(b) (42 U.S.C. 6687(b)),

13 listed on page 36 of the Clerk’s Report.

14 (B) Section 1097 (22 U.S.C. 2751 note),

15 listed on page 15 of the Clerk’s Report.

16 (e) OTHER NATIONAL SECURITY LAWS.—Subsection

17 (a) applies with respect to provisions of law listed in the

18 Clerk’s Report (defined in subsection (j)), as follows:

19 (1) STRATEGIC AND CRITICAL MATERIALS

20 STOCK PILING ACT.—Any provision of the Strategic

21 and Critical Materials Stock Piling Act (50 U.S.C.

22 98 et seq.), referred to on page 169 of the Clerk’s

23 Report.

24 (2) NATIONAL SECURITY ACT OF 1947.—Section

25 108 of the National Security Act of 1947 (50 U.S.C.
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1 404a), listed on page 33 of the Clerk’s Report as

2 Pub. L. 99–433, Sec. 603(a)).

3 (3) IRAQ RESOLUTION.—Section 3 of the Au4 thorization for Use of Military Force Against Iraq

5 Resolution (50 U.S.C. 1541 note), listed on page 14

6 of the Clerk’s Report as Pub. L. 102–1, Sec. 3).

7 (4) MILITARY SELECTIVE SERVICE ACT.—Sec8 tion 10(g) of the Military Selective Service Act (50

9 U.S.C. App. 460(g)) (listed on page 191 of the

10 Clerk’s Report).

11 (5) NATIONAL EMERGENCIES ACT.—The fol12 lowing provisions of the National Emergencies Act:

13 (A) Section 202(d) (50 U.S.C. 1622(d)),

14 listed on page 33 of the Clerk’s Report.

15 (B) Section 401(c) (50 U.S.C. 1641(c)),

16 listed on page 33 of the Clerk’s Report.

17 (6) FOOD AND FORAGE ACT.—Section 3732 of

18 the Revised Statutes, popularly known as the ‘‘Food

19 and Forage Act’’ (listed on page 64 of the Clerk’s

20 Report as 41 U.S.C. 11).

21 (7) SPECIAL NATIONAL DEFENSE CONTRACTING

22 AUTHORITY.—Section 4 of the Act entitled ‘‘An Act

23 to authorize the making, amending, and modification

24 of contracts to facilitate the national defense’’, ap25 proved August 28, 1958 (listed on several pages of
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1 the Clerk’s Report, including pages 9, 48, 51, 64,

2 69, 74, 76, 134, 142, 174, 179, and 186, as 50

3 U.S.C. 1434).

4 (f) OTHER LAWS ADMINISTERED BY THE DEPART5 MENT OF DEFENSE.—Subsection (a) applies with respect

6 to the following provisions of law listed in the Clerk’s Re7 port (defined in subsection (j)):

8 (1) DEFENSE DEPENDENTS’ EDUCATION ACT

9 OF 1978.—Section 1405 of the Defense Dependents’

10 Education Act of 1978 (title XIV of Public Law 95–

11 561; 20 U.S.C. 924) (listed on page 77 of the

12 Clerk’s Report).

13 (2) ARMED FORCES RETIREMENT HOME ACT OF

14 1991.—Section 1516(f) of the Armed Forces Retire15 ment Home Act of 1991 (title XV of Public Law

16 101–510; 104 Stat. 1728; 24 U.S.C. 416) (listed on

17 page 56 of the Clerk’s Report).

18 (g) PROVISIONS OF LAW REQUIRING DEPARTMENT

19 OF ENERGY REPORTS.—Subsection (a) applies with re20 spect to provisions of law listed in part IV–A–5 of the

21 Clerk’s Report (defined in subsection (j)), relating to re22 ports to be submitted by the Secretary of Energy (or any

23 other official of the Department of Energy), as follows:

24 (1) NATIONAL DEFENSE AUTHORIZATION

25 ACTS.—The following provisions of provisions law:
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1 (A) Section 1436(e) of the National De2 fense Authorization Act, Fiscal Year 1989

3 (Public Law 100–456; 42 U.S.C. 2121 note)

4 (listed on page 83 of the Clerk’s Report).

5 (B) Section 3141(c) of the National De6 fense Authorization Act for Fiscal Years 1990

7 and 1991 (Public Law 101–189; 42 U.S.C.

8 7274a(c)) (listed on page 87 of the Clerk’s Re9 port).

10 (C) Section 3134 of the National Defense

11 Authorization Act for Fiscal Year 1991 (Public

12 Law 101–510; 42 U.S.C. 7274c) (listed on page

13 87 of the Clerk’s Report).

14 (2) TITLE 10, UNITED STATES CODE.—Sections

15 7424(b), 7425(b), and 7431(c) of title 10, United

16 States Code (listed on page 89 of the Clerk’s Re17 port).

18 (3) ENERGY POLICY AND CONSERVATION

19 ACT.—Section 165(b) of the Energy Policy and Con20 servation Act (Public Law 94–163; 42 U.S.C.

21 6245(b)) (listed on page 89 of the Clerk’s Report).

22 (h) OTHER TITLES OF THE UNITED STATES

23 CODE.—Subsection (a) applies with respect to provisions

24 of the United States Code listed in the Clerk’s Report (de25 fined in subsection (j)), as follows:
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1 (1) TITLE 31.—The following provisions of title

2 31:

3 (A) Section 3554(e)(2) of title 31, United

4 States Code (listed on page 8 of the Clerk’s Re5 port as 31 U.S.C. 3554(e)(2)).

6 (B) Section 9503(a) (listed on page 151 of

7 the Clerk’s Report as 31 U.S.C.

8 9503(a)(1)(B)).

9 (2) TITLE 36.—Section 300110(b) of title 36,

10 listed on page 65 of the Clerk’s Report as 36 U.S.C.

11 6.

12 (i) OTHER LAWS.—Subsection (a) applies with re13 spect to the following provisions of law listed in the Clerk’s

14 Report (defined in subsection (j)):

15 (1) SUPPLEMENTAL APPROPRIATIONS ACT,

16 1982.—Section 503(f) of the Supplemental Appro17 priations Act, 1987 (Public Law 100–71; 101 Stat.

18 471; 5 U.S.C. 7301 note) (listed on page 151 of the

19 Clerk’s Report), insofar as the report under that

20 section relates to activities of the Department of De21 fense.

22 (2) BARRY GOLDWATER SCHOLARSHIP AND EX23 CELLENCE IN EDUCATION ACT.—Section 1411(b) of

24 the Barry Goldwater Scholarship and Excellence in

25 Education Act (title XIV of Public Law 99–661 (20
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1 U.S.C. 4710(b)) (listed on page 174 of the Clerk’s

2 Report).

3 (3) FEDERAL PROPERTY AND ADMINISTRATIVE

4 SERVICES ACT OF 1949.—Section 205(b) of the Fed5 eral Property and Administrative Services Act of

6 1949 (listed on page 8 of the Clerk’s Report as 40

7 U.S.C. 486(b)).

8 (4) UNIFORMED AND OVERSEAS CITIZENS AB9 SENTEE VOTING ACT.—Section 101(b)(6) of the

10 Uniformed and Overseas Citizens Absentee Voting

11 Act (listed on page 151 of the Clerk’s Report as 42

12 U.S.C. 1973ff(b)(6)).

13 (5) NATIONAL SCIENCE AND TECHNOLOGY POL14 ICY, ORGANIZATION, AND PRIORITIES ACT OF 1976.—

15 Section 603(e) of the National Science and Tech16 nology Policy, Organization, and Priorities Act of

17 1976 (42 U.S.C. 6683(e)) (specified on page 36 of

18 the Clerk’s Report as section 841(a) of Public Law

19 101–189).

20 (6) LAWS REQUIRING MARITIME ADMINISTRA21 TION REPORTS.—Provisions of law listed under the

22 heading ‘‘Maritime Administration’’ in Part IV–A–

23 12 in the Clerk’s Report, relating to reports to be

24 submitted by the Secretary of Transportation (or
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1 any other official of the Department of Transpor2 tation), listed on page 139.

3 (j) CLERK’S REPORT DEFINED.—For the purposes

4 of this section, the term ‘‘Clerk’s Report’’ means the docu5 ment submitted by the Clerk of House of Representatives

6 to the Speaker of the House of Representatives on Janu7 ary 5, 1993 (designated as House Document No. 103–

8 7) for the first session of the 103d Congress pursuant to

9 clause 2 of Rule III of the Rules of the House of Rep10 resentatives, requiring the Clerk to prepare, at the com11 mencement of every regular session of Congress, a list of

12 reports which it is the duty of any officer or department

13 to make to Congress.

14 SEC. 1022. ANNUAL REPORT ON COMBATANT COMMAND

15 REQUIREMENTS.

16 Section 153 of title 10, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(c) ANNUAL REPORT ON COMBATANT COMMAND

19 REQUIREMENTS.—(1) Not later than August 15 of each

20 year, the Chairman shall submit to the committees of Con21 gress named in paragraph (2) a report on the require22 ments of the combatant commands established under sec23 tion 161 of this title. The report shall contain the fol24 lowing:
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1 ‘‘(A) A consolidation of the integrated priority

2 lists of requirements of the combatant commands.

3 ‘‘(B) The Chairman’s views on the consolidated

4 lists.

5 ‘‘(2) The committees of Congress referred to in para6 graph (1) are the Committees on Armed Services and on

7 Appropriations of the Senate and House of Representa8 tives.’’.

9 SEC. 1023. REPORT ON ASSESSMENTS OF READINESS TO

10 EXECUTE THE NATIONAL MILITARY STRAT11 EGY.

12 (a) REQUIREMENT FOR REPORT.—(1) The Secretary

13 of Defense shall submit to the Committees on Armed Serv14 ices of the Senate and House of Representatives in unclas15 sified form a report on assessments of the readiness of

16 the United States to execute the National Military Strat17 egy. The report shall contain the following:

18 (A) All models used by the Joint Chiefs of Staff

19 to assess the capability of the United States to exe20 cute the strategy and all other models used by the

21 Armed Forces to assess the capability.

22 (B) The assessments that would result from the

23 use of those models if it were necessary to execute

24 the National Military Strategy under the scenario

25 set forth in paragraph (2), including the levels of the
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1 casualties that the United States would be projected

2 to incur.

3 (C) The increasing levels of the casualties that

4 would be projected under that scenario over a range

5 of risks of prosecuting two major theater wars that

6 proceeds from low-moderate risk to moderate-high

7 risk.

8 (D) An estimate of—

9 (i) the total resources needed to attain a

10 moderate-high risk under the scenario;

11 (ii) the total resources needed to attain a

12 low-moderate risk under the scenario; and

13 (iii) the incremental resources needed to

14 decrease the level of risk from moderate-high to

15 low-moderate.

16 (2) The scenario to be used for purposes of subpara17 graphs (B), (C), and (D) of paragraph (1) assumes that—

18 (A) while the Armed Forces are engaged in op19 erations at the level of the operations ongoing as of

20 the date of the enactment of this Act, international

21 armed conflict begins in Southwest Asia and on the

22 Korean peninsula; and

23 (B) the Armed Forces are equipped, supplied,

24 manned, and trained at levels current as of such

25 date.
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1 (b) LIMITATION ON USE OF FUNDS PENDING SUB2 MITTAL OF REPORT.—Of the funds authorized to be ap3 propriated under section 301(a)(5) for the Office of the

4 Secretary of Defense and the Joint Chiefs of Staff, not

5 more than 75 percent of such funds may be expended until

6 the report required in subsection (a) is submitted.

7 SEC. 1024. REPORT ON INVENTORY AND CONTROL OF

8 MILITARY EQUIPMENT.

9 (a) REPORT REQUIRED.—Not later than August 31,

10 2000, the Secretary of Defense shall submit to the Com11 mittees on Armed Services of the Senate and the House

12 of Representatives a report on the inventory and control

13 of the military equipment of the Department of Defense

14 as of the end of fiscal year 1999. The report shall address

15 the inventories of each of the Army, Navy, Air Force, and

16 Marine Corps separately.

17 (b) CONTENT.—The report shall include the fol18 lowing:

19 (1) For each item of military equipment in the

20 inventory, stated by item nomenclature—

21 (A) the quantity of the item in the inven22 tory as of the beginning of the fiscal year;

23 (B) the quantity of acquisitions of the item

24 during the fiscal year;
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1 (C) the quantity of disposals of the item

2 during the fiscal year;

3 (D) the quantity of losses of the item dur4 ing the performance of military missions during

5 the fiscal year; and

6 (E) the quantity of the item in the inven7 tory as of the end of the fiscal year.

8 (2) A reconciliation of the quantity of each item

9 in the inventory as of the beginning of the fiscal

10 year with the quantity of the item in the inventory

11 as of the end of fiscal year.

12 (3) For each item of military equipment that

13 cannot be reconciled—

14 (A) an explanation of why the quantities

15 cannot be reconciled; and

16 (B) a discussion of the remedial actions

17 planned to be taken, including target dates for

18 accomplishing the remedial actions.

19 (4) Supporting schedules identifying the loca20 tion of each item that are available to Congress or

21 auditors of the Comptroller General upon request.

22 (c) MILITARY EQUIPMENT DEFINED.—For the pur23 poses of this section, the term ‘‘military equipment’’

24 means all equipment that is used in support of military
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1 missions and is maintained on the visibility systems of the

2 Army, Navy, Air Force, or Marine Corps.

3 (d) INSPECTOR GENERAL REVIEW.—Not later than

4 November 30, 2000, the Inspector General of the Depart5 ment of Defense shall review the report submitted to the

6 committees under subsection (a) and shall submit to the

7 committees any comments that the Inspector General con8 siders appropriate.

9 SEC. 1025. SPACE TECHNOLOGY GUIDE.

10 (a) REQUIREMENT.—The Secretary of Defense shall

11 develop a detailed guide for investment in space science

12 and technology, demonstrations of space technology, and

13 planning and development for space technology systems.

14 In the development of the guide, the goal shall be to iden15 tify the technologies and technology demonstrations need16 ed for the United States to take full advantage of use of

17 space for national security purposes.

18 (b) RELATIONSHIP TO FUTURE-YEARS DEFENSE

19 PROGRAM.—The space technology guide shall include two

20 alternative technology paths. One shall be consistent with

21 the applicable funding limitations associated with the fu22 ture-years defense program. The other shall reflect the as23 sumption that it is not constrained by funding limitations.

24 (c) RELATIONSHIP TO ACTIVITIES OUTSIDE THE DE25 PARTMENT OF DEFENSE.—The Secretary shall include in
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1 the guide a discussion of the potential for cooperative in2 vestment and technology development with other depart3 ments and agencies of the United States and with private

4 sector entities.

5 (d) UTILIZATION OF PREVIOUS STUDIES AND RE6 PORTS.—The Secretary shall take into consideration pre7 viously completed studies and reports that may be relevant

8 to the development of the guide, including the United

9 States Space Command’s Long Range Plan of March

10 1998 and the Air Force Space Command’s Strategic Mas11 ter Plan of December 1997.

12 (e) REPORT.—Not later than April 15, 2000, the Sec13 retary shall submit a report on the space technology guide

14 to the congressional defense committees.

15 SEC. 1026. REPORT AND REGULATIONS ON DEPARTMENT

16 OF DEFENSE POLICIES ON PROTECTING THE

17 CONFIDENTIALITY OF COMMUNICATIONS

18 WITH PROFESSIONALS PROVIDING THERA19 PEUTIC OR RELATED SERVICES REGARDING

20 SEXUAL OR DOMESTIC ABUSE.

21 (a) STUDY AND REPORT.—(1) The Comptroller Gen22 eral shall study the policies, procedures, and practices of

23 the military departments for protecting the confidentiality

24 of communications between—
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1 (A) a dependent of a member of the Armed

2 Forces who—

3 (i) is a victim of sexual harassment, sexual

4 assault, or intrafamily abuse; or

5 (ii) has engaged in such misconduct; and

6 (B) a therapist, counselor, advocate, or other

7 professional from whom the dependent seeks profes8 sional services in connection with effects of such

9 misconduct.

10 (2) Not later than 180 days after the date of the en11 actment of this Act, the Comptroller General shall con12 clude the study and submit a report on the results of the

13 study to Congress and the Secretary of Defense.

14 (b) REGULATIONS.—The Secretary of Defense shall

15 prescribe in regulations the policies and procedures that

16 the Secretary considers appropriate to provide the max17 imum protections for the confidentiality of communica18 tions described in subsection (a) relating to misconduct

19 described in that subsection, consistent with—

20 (1) the findings of the Comptroller General;

21 (2) the standards of confidentiality and ethical

22 standards issued by relevant professional organiza23 tions;

24 (3) applicable requirements of Federal and

25 State law;
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1 (4) the best interest of victims of sexual harass2 ment, sexual assault, or intrafamily abuse;

3 (5) military necessity; and

4 (6) such other factors as the Secretary, in con5 sultation with the Attorney General, may consider

6 appropriate.

7 (c) REPORT BY SECRETARY OF DEFENSE.—Not later

8 than January 21, 2000, the Secretary of Defense shall

9 submit to Congress a report on the actions taken under

10 subsection (b) and any other actions taken by the Sec11 retary to provide the maximum possible protections for

12 confidentiality described in that subsection.

13 SEC. 1027. COMPTROLLER GENERAL REPORT ON ANTICI14 PATED EFFECTS OF PROPOSED CHANGES IN

15 OPERATION OF STORAGE SITES FOR LETHAL

16 CHEMICAL AGENTS AND MUNITIONS.

17 (a) REPORT REQUIRED.—Not later than March 31,

18 2000, the Comptroller General shall submit to the Com19 mittees on Armed Services of the Senate and the House

20 of Representatives a report on the proposal in the latest

21 quadrennial defense review to reduce the Federal civilian

22 workforce involved in the operation of the eight storage

23 sites for lethal chemical agents and munitions in the conti24 nental United States and to convert to contractor oper25 ation of the storage sites. The workforce reductions ad-
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1 dressed in the report shall include those that are to be

2 effectuated by fiscal year 2002.

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

4 the following:

5 (1) For each site, a description of the assigned

6 chemical storage, chemical demilitarization, and in7 dustrial missions.

8 (2) A description of the criteria and reporting

9 systems applied to ensure that the storage sites and

10 the workforce operating the storage sites have—

11 (A) the capabilities necessary to respond

12 effectively to emergencies involving chemical ac13 cidents; and

14 (B) the industrial capabilities necessary to

15 meet replenishment and surge requirements.

16 (3) The risks associated with the proposed

17 workforce reductions and contractor performance,

18 particularly regarding chemical accidents, incident

19 response capabilities, community-wide emergency

20 preparedness programs, and current or planned

21 chemical demilitarization programs.

22 (4) The effects of the proposed workforce re23 ductions and contractor performance on the capa24 bility to satisfy permit requirements regarding envi25 ronmental protection that are applicable to the per-
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1 formance of current and future chemical demili2 tarization and industrial missions.

3 (5) The effects of the proposed workforce re4 ductions and contractor performance on the capa5 bility to perform assigned industrial missions, par6 ticularly the materiel replenishment missions for

7 chemical or biological defense or for chemical muni8 tions.

9 (6) Recommendations for mitigating the risks

10 and adverse effects identified in the report.

11 SEC. 1028. REPORT ON DEPLOYMENTS OF RAPID ASSESS12 MENT AND INITIAL DETECTION TEAMS

13 ACROSS STATE BOUNDARIES.

14 Not later than 90 days after the date of the enact15 ment of this Act, the Secretary of Defense shall submit

16 to Congress a report on out-of-State use of Rapid Assess17 ment and Initial Detection Teams for responses to inci18 dents involving a weapon of mass destruction. The report

19 shall include a specific description and analysis of the pro20 cedures that have been established or agreed to by States

21 for the use in one State of a team that is based in another

22 State.
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1 SEC. 1029. REPORT ON CONSEQUENCE MANAGEMENT PRO2 GRAM INTEGRATION OFFICE UNIT READI3 NESS.

4 (a) JOINT READINESS REVIEW.—(1) The Secretary

5 of Defense shall include in the quarterly report submitted

6 to Congress under section 482 of title 10, United States

7 Code, for the first quarter beginning after the date of the

8 enactment of this Act an assessment of the readiness,

9 training status, and future funding requirements of all ac10 tive and reserve component units that are considered as11 sets of the Consequence Management Program Integra12 tion Office of the Department of Defense.

13 (2) The Secretary of Defense shall set forth the as14 sessment in an annex to the quarterly report. The Sec15 retary shall include in the annex a detailed description of

16 how the active and reserve component units are integrated

17 with the Rapid Assessment and Initial Detection Teams

18 in the overall Consequence Management Program Integra19 tion Office of the Department of Defense.

20 (b) DECONTAMINATION READINESS PLAN.—The

21 Secretary of Defense shall prepare a decontamination

22 readiness plan for the Consequence Management Program

23 Integration Office. The plan shall include the following:

24 (1) The actions necessary to ensure that the

25 units designated to carry out decontamination mis-
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1 sions under the program are at the highest level of

2 readiness for carrying out the missions.

3 (2) The funding necessary for attaining and

4 maintaining that level of readiness.

5 (3) Procedures for ensuring that each decon6 tamination unit is available to respond to an inci7 dent in the United States that involves a weapon of

8 mass destruction within 12 hours after being noti9 fied of the incident by a Rapid Assessment and Ini10 tial Detection Team.

11 SEC. 1030. ANALYSIS OF RELATIONSHIP BETWEEN

12 THREATS AND BUDGET SUBMISSION FOR FIS13 CAL YEAR 2001.

14 (a) REQUIREMENT FOR REPORT.—The Secretary of

15 Defense, in coordination with the Chairman of the Joint

16 Chiefs of Staff and the Director of Central Intelligence,

17 shall submit to the congressional defense committees, on

18 the date that the President submits the budget for fiscal

19 year 2001 to Congress under section 1105(a) of title 31,

20 United States Code, a report on the relationship between

21 the budget proposed for budget function 050 (National

22 Defense) for that fiscal year and the then-current and

23 emerging threats to the national security interests of the

24 United States identified in the annual national security
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1 strategy report required under section 108 of the National

2 Security Act of 1947 (50 U.S.C. 404a).

3 (b) CONTENT.—The report shall contain the fol4 lowing:

5 (1) A detailed description of the threats re6 ferred to in subsection (a);

7 (2) An analysis of such threats in terms of the

8 probability that an attack or other threat event will

9 actually occur, the military challenge posed by the

10 threats, and the potential damage that the threats

11 could have to the national security interests of the

12 United States.

13 (3) An analysis of the allocation of funds in the

14 fiscal year 2001 budget and the future-years defense

15 program that addresses the threats in each category.

16 (4) A justification for each major defense acqui17 sition program (as defined in section 2430 of title

18 10, United States Code) that is provided for in the

19 budget in light of the description and analyses set

20 forth in the report.

21 (c) FORM OF REPORT.—The report shall be sub22 mitted in unclassified form, but may also be submitted in

23 classified form if necessary.
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1 SEC. 1031. REPORT ON NATO’S DEFENSE CAPABILITIES

2 INITIATIVE.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) At the Washington Summit meeting of the

6 North Atlantic Council in April 1999, NATO Heads

7 of State and Governments launched a Defense Capa8 bilities Initiative.

9 (2) The Defense Capabilities Initiative is de10 signed to improve the defense capabilities of the in11 dividual nations of the NATO Alliance to ensure the

12 effectiveness of future operations across the full

13 spectrum of Alliance missions in the present and

14 foreseeable security environment.

15 (3) Under the Defense Capabilities Initiative,

16 special focus will be given to improving interoper17 ability among Alliance forces and to increasing de18 fense capabilities through improvements in the

19 deployability and mobility of Alliance forces, the sus20 tainability and logistics of the forces, the surviv21 ability and effective engagement capability of the

22 forces, and command and control and information

23 systems.

24 (4) The successful implementation of the De25 fense Capabilities Initiative will serve to enable all

26 NATO allies to make a more equitable contribution
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1 to the full spectrum of Alliance missions, thereby in2 creasing burdensharing within the Alliance and en3 hancing the ability of European allies to undertake

4 operations pursuant to the European Security and

5 Defense Identity within the Alliance.

6 (b) ANNUAL REPORT.—(1) Not later than January

7 31 of each year, the Secretary of Defense 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:
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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 (2) 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—
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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—
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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-
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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’’.
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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.
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1 SEC. 1045. PERIOD COVERED BY ANNUAL REPORT ON AC2 COUNTING FOR UNITED STATES ASSISTANCE

3 UNDER COOPERATIVE THREAT REDUCTION

4 PROGRAMS.

5 Section 1206(a)(2) of the National Defense Author6 ization Act for Fiscal Year 1996 (Public Law 104–106,

7 110 Stat. 471; 22 U.S.C. 5955 note) is amended to read

8 as follows:

9 ‘‘(2) The report shall be submitted under this section

10 not later than January 31 of each year and shall cover

11 the fiscal year ending in the preceding year. No report

12 is required under this section after the completion of the

13 Cooperative Threat Reduction programs.’’.

14 SEC. 1046. SUPPORT OF UNITED NATIONS-SPONSORED EF15 FORTS TO INSPECT AND MONITOR IRAQI

16 WEAPONS ACTIVITIES.

17 (a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS18 CAL YEAR 2000.—The total amount of the assistance for

19 fiscal year 2000 that is provided by the Secretary of De20 fense under section 1505 of the Weapons of Mass Destruc21 tion Control Act of 1992 (22 U.S.C. 5859a) as activities

22 of the Department of Defense in support of activities

23 under that Act may not exceed $15,000,000.

24 (b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST25 ANCE.—Subsection (f) of section 1505 of the Weapons of
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1 Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)

2 is amended by striking ‘‘1999’’ and inserting ‘‘2000’’.

3 SEC. 1047. INFORMATION ASSURANCE INITIATIVE.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) The United States is becoming increasingly

7 dependent upon information systems for national se8 curity, economic security, and a broad range of other

9 vital national interests.

10 (2) Presidential Decision Directive 63, dated

11 May 22, 1998, recognizes the importance of infor12 mation assurance and sets forth policy and organiza13 tional recommendations for addressing the informa14 tion assurance challenges.

15 (3) The Department of Defense has undertaken

16 significant steps to address threats to the Defense

17 Information Infrastructure, including the establish18 ment of a Defense Information Assurance Program.

19 (4) Notwithstanding those actions and other

20 important actions taken by the President and the

21 Secretary of Defense to address the challenges of in22 formation assurance, the Department of Defense,

23 other Federal departments and agencies, and a

24 broad range of private sector entities continue to
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1 face new challenges and threats to their information

2 systems.

3 (5) Although the Secretary of Defense can and

4 should play an important role in helping address a

5 broad range of information warfare threats to the

6 United States, the Secretary necessarily focuses pri7 marily on addressing the vulnerabilities of the infor8 mation systems and other infrastructures, within

9 and outside of the Department of Defense, on which

10 the Department of Defense depends for the conduct

11 of daily operations and the conduct of operations in

12 crises.

13 (6) It is important for the Secretary of Defense

14 to work closely with the heads of all departments

15 and agencies of the Federal Government concerned

16 to identify areas in which the Department of De17 fense can contribute to securing critical national in18 frastructures beyond the areas under the direct over19 sight and control of the Secretary of Defense.

20 (b) DEFENSE INFORMATION ASSURANCE PRO21 GRAM.—(1) The Secretary of Defense shall carry out an

22 information assurance program.

23 (2) The Secretary shall submit to Congress an annual

24 report on the program. The annual report shall include

25 the Department of Defense information assurance guide
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1 applicable under subsection (c) as of the date of the re2 port. The first report shall be submitted not later than

3 March 15, 1999.

4 (c) DEFENSE INFORMATION ASSURANCE GUIDE.—

5 (1) The Secretary of Defense shall prepare a Department

6 of Defense information assurance guide for the develop7 ment of appropriate organizational structures and tech8 nologies for information assurance under the program.

9 The Secretary shall modify or replace the guide from time

10 to time to maintain the current relevance of the guide.

11 (2) The Department of Defense information assur12 ance guide shall include the following:

13 (A) A plan for developing information assur14 ance technologies, including the criteria used to

15 prioritize research, development, and procurement

16 investments in such technologies.

17 (B) A plan for organizing the Department of

18 Defense to defend against information warfare

19 threats, including the organizational changes that

20 are planned or being considered together with a reci21 tation of the organizational changes that have been

22 implemented.

23 (C) A plan for joint efforts by the Department

24 of Defense with other departments and agencies of

25 the Federal Government and with State and local
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1 organizations to strengthen the security of the infor2 mation systems and infrastructures in the United

3 States, with particular emphasis on the systems and

4 elements of the infrastructure on which the Depart5 ment of Defense depends for the conduct of daily op6 erations and the conduct of operations in crises.

7 (D) An assessment of the threats to informa8 tion systems and infrastructures on which the De9 partment of Defense depends for the conduct of

10 daily operations and the conduct of operations in cri11 ses, including an assessment of technical or other

12 vulnerabilities in Defense Department information

13 and communications systems.

14 (E) A plan for conducting exercises, war games,

15 simulations, experiments, and other activities de16 signed to prepare the Department of Defense to re17 spond to information warfare threats.

18 (F) Any proposal for legislation that the Sec19 retary considers necessary for implementing the De20 fense information assurance program or for other21 wise responding to information warfare threats.

22 (G) Any other information that the Secretary

23 determines relevant.

24 (d) INFORMATION ASSURANCE TESTBED.—(1) The

25 Secretary of Defense shall develop an information assur-
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1 ance testbed. In developing the testbed, the Secretary shall

2 consult with the heads of the other departments and agen3 cies of the Federal Government that the Secretary deter4 mines as being concerned with defense information assur5 ance.

6 (2) The information assurance testbed shall be orga7 nized to provide the following:

8 (A) An integrated organizational structure

9 within the Department of Defense to plan and facili10 tate the conduct of simulations, wargames, exercises,

11 experiments, and other activities designed to prepare

12 and inform the Department of Defense regarding in13 formation warfare threats.

14 (B) Organizational and planning means for the

15 conduct by the Department of Defense of integrated

16 or joint exercises and experiments with the commer17 cial organizations and other non-Department of De18 fense organizations that are responsible for the over19 sight and management of critical information sys20 tems and infrastructures on which the Department

21 of Defense depends for the conduct of daily oper22 ations and the conduct of operations in crises.

23 (e) FUNDING.—(1) Of the amounts authorized to be

24 appropriated under section 104—
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1 (A) $10,000,000 is available for procurement

2 by the Defense Information Systems Agency of se3 cure terminal equipment for use by the Armed

4 Forces and Defense Agencies; and

5 (B) $10,000,000 is available for development

6 and procurement of tools for real-time computer in7 trusion detection, analysis, and warning.

8 (2) Of the amounts authorized to be appropriated

9 under section 201(4)—

10 (A) $5,000,000 in program element 65710D8 is

11 available for establishing and operating the informa12 tion assurance testbed established pursuant to sub13 section (d); and

14 (B) $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.
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1 SEC. 1048. DEFENSE SCIENCE BOARD TASK FORCE ON

2 TELEVISION AND RADIO AS A PROPAGANDA

3 INSTRUMENT IN TIME OF MILITARY CON4 FLICT.

5 (a) DEFENSE SCIENCE BOARD TASK FORCE ON

6 RADIO AND TELEVISION AS A PROPAGANDA INSTRUMENT

7 IN TIME OF CONFLICT.—The Secretary of Defense shall

8 establish a task force of the Defense Science Board to ex9 amine the use of radio and television broadcasting as a

10 propaganda instrument and the adequacy of the capabili11 ties of the United States Armed Forces in this area to

12 deal with situations such as the conflict in the Federal

13 Republic of Yugoslavia.

14 (b) DUTIES OF THE TASK FORCE.—The task force

15 shall assess and develop recommendations as to the appro16 priate capabilities, if any, that the United States Armed

17 Forces should have to broadcast radio and television into

18 an area so as to ensure that the general public in that

19 area are exposed to the facts of the conflict. In making

20 the assessment and developing the recommendations, the

21 task force shall review the following:

22 (1) The capabilities of the United States Armed

23 Forces to develop programming and to broadcast

24 factual information that can reach a large segment

25 of the general public in a country like the Federal

26 Republic of Yugoslavia.
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1 (2) The potential of various airborne or land2 based mechanisms to have capabilities described in

3 paragraph (1), including but not limited to desirable

4 improvements to the EC–130 Commando Solo air5 craft, and the utilization of other airborne platforms,

6 unmanned aerial vehicles, and land-based transmit7 ters in conjunction with satellites.

8 (3) Other issues relating to the use of television

9 and radio as a propaganda instrument in time of

10 conflict.

11 (c) REPORT.—The task force shall submit to the Sec12 retary of Defense a report containing its assessments and

13 recommendations not later than February 1, 2000. The

14 Secretary shall submit the report, together with the com15 ments and recommendations of the Secretary of Defense,

16 to the congressional defense committees not later than

17 March 1, 2000.

18 (d) FEDERAL REPUBLIC OF YUGOSLAVIA DE19 FINED.—In this section, the term ‘‘Federal Republic of

20 Yugoslavia’’ means the Federal Republic of Yugoslavia

21 (Serbia and Montenegro).
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1 SEC. 1049. PREVENTION OF INTERFERENCE WITH DEPART2 MENT OF DEFENSE USE OF FREQUENCY

3 SPECTRUM.

4 (a) COMPATIBILITY WITH DEFENSE SYSTEMS.—A

5 non-Department of Defense entity operating a commu6 nication system, device, or apparatus on any portion of

7 the frequency spectrum used by the Department of De8 fense, whether or not licensed to do so, shall ensure that

9 the system, device, or apparatus is designed not to inter10 fere with and not to receive interference from the commu11 nication systems that are operated by or for the Depart12 ment of Defense on that portion of the frequency spectrum

13 as of the date of the enactment of this Act.

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.
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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.
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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
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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;
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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.’’.
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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
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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
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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.’’.
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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
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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.
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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.
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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 ‘‘(A) 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 ‘‘(B) employ or procure by contract civilian per17 sonnel to provide such services.

18 ‘‘(g) REGULATIONS.—The Secretary of Defense shall

19 prescribe regulations governing the conduct of the pro20 gram.

21 ‘‘(h) 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.
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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 ‘‘(i) ANNUAL REPORT.—Within 90 days after the end

8 of each fiscal year, the Secretary of Defense shall submit

9 a report on the program to Congress. The report shall con10 tain a discussion of the design and conduct of the program

11 and an evaluation of the effectiveness of the program.

12 ‘‘(j) STATE DEFINED.—In this section, the term

13 ‘State’ includes the District of Columbia, the Common14 wealth of Puerto Rico, the United States Virgin Islands,

15 and Guam.’’.

16 (b) EXISTING STARBASE ACADEMIES.—While con17 tinuing in operation, the academies existing on the date

18 of the enactment of this Act under the Department of De19 fense STARBASE Program, as such program is in effect

20 on such date, shall be counted for the purpose of meeting

21 the requirement under section 2193b(c)(1) of title 10,

22 United States Code (as added by subsection (a)), relating

23 to the minimum number of STARBASE academies.
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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:
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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’ ’’.
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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.
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1 SEC. 1059. EXTENSION AND REAUTHORIZATION OF DE2 FENSE PRODUCTION ACT OF 1950.

3 (a) EXTENSION OF TERMINATION DATE.—Section

4 717(a) of the Defense Production Act of 1950 (50 U.S.C.

5 App. 2166(a)) is amended by striking ‘‘September 30,

6 1999’’ and inserting ‘‘September 30, 2000’’.

7 (b) EXTENSION OF AUTHORIZATION.—Section

8 711(b) of the Defense Production Act of 1950 (50 U.S.C.

9 App. 2161(b)) is amended by striking ‘‘the fiscal years

10 1996, 1997, 1998, and 1999’’ and inserting ‘‘fiscal years

11 1996 through 2000’’.

12 SEC. 1060. EXTENSION TO NAVAL AIRCRAFT OF COAST

13 GUARD AUTHORITY FOR DRUG INTERDIC14 TION ACTIVITIES.

15 Section 637(c) of title 14, United States Code, is

16 amended—

17 (1) by striking ‘‘or’’ at the end of paragraph

18 (1);

19 (2) by striking the period at the end of para20 graph (2) and inserting ‘‘; or’’; and

21 (3) by adding at the end the following new

22 paragraph:

23 ‘‘(3) it is a naval aircraft on which one or more

24 members of the Coast Guard are assigned.’’.
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1 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
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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-
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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:
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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.
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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:
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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.’’.
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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;
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1 (B) one shall be appointed by the Chairman of

2 the Committee on Armed Services of the Senate;

3 (C) one shall be appointed by the Ranking

4 Member of the Committee on Armed Services of the

5 Senate;

6 (D) one shall be appointed by the Chairman of

7 the Committee on Armed Services of the House of

8 Representatives; and

9 (E) one shall be appointed by the Ranking

10 Member of the Committee on Armed Services of the

11 House of Representatives.

12 (2) The following shall be ex officio members of the

13 Commission:

14 (A) The Secretary of Defense.

15 (B) The Secretary of the Army.

16 (C) The Secretary of the Navy.

17 (D) The Secretary of the Air Force.

18 (E) The Commandant of the Marine Corps.

19 (F) The Commandant of the Coast Guard.

20 (G) The Secretary of the Smithsonian Institu21 tion.

22 (H) The Chairman of the National Capital

23 Planning Commission.

24 (I) The Chairperson of the Commission of Fine

25 Arts.
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1 (c) ORIGINAL CHAIRPERSON.—The President shall

2 designate one of the individuals first appointed to the

3 Commission under subsection (b)(1) as the chairperson of

4 the Commission.

5 (d) PERIOD OF APPOINTMENT; VACANCIES.—Mem6 bers shall be appointed for the life of the Commission. Any

7 vacancy in the Commission shall be filled in the same man8 ner as the original appointment.

9 (e) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

10 appointments to the Commission shall be made not later

11 than 90 days after the date of the enactment of this Act.

12 (2) The Commission shall convene its first meeting

13 not later than 60 days after the date as of which all mem14 bers of the Commission have been appointed, but not ear15 lier than October 15, 1999.

16 SEC. 1202. DUTIES OF COMMISSION.

17 (a) IN GENERAL.—The Commission shall conduct a

18 study in order to make recommendations to Congress re19 garding an authorization for the construction of a national

20 military museum in the National Capital Area.

21 (b) STUDY ELEMENTS.—In conducting the study, the

22 Commission shall—

23 (1) determine whether existing military muse24 ums, historic sites, and memorials in the United

25 States are adequate—
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1 (A) to provide in a cost-effective manner

2 for display of, and interaction with, 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—
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1 (A) the dimensions and design of a na2 tional military museum in the National Capital

3 Area;

4 (B) the location of the museum in that

5 Area; and

6 (C) the approximate cost of the final de7 sign and construction of the museum and of the

8 costs of operating the museum.

9 (c) ADDITIONAL DUTIES.—If the Commission deter10 mines to recommend that Congress authorize the con11 struction of a national military museum in the National

12 Capital Area, the Commission shall also—

13 (1) recommend one or more sites for the mu14 seum;

15 (2) propose a schedule for construction of the

16 museum;

17 (3) assess the potential effects of the museum

18 on the environment, facilities, and roadways in the

19 vicinity of the site or sites where the museum is pro20 posed to be located;

21 (4) recommend the percentages of funding for

22 the museum to be provided by the Federal Govern23 ment, State and local governments, and private

24 sources, respectively;
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1 (5) assess the potential for fundraising for the

2 museum during the 20-year period following the au3 thorization of construction of the museum; and

4 (6) assess and recommend various governing

5 structures for the museum, including a governing

6 structure that places the museum within the Smith7 sonian Institution.

8 SEC. 1203. REPORT.

9 The Commission shall, not later than 12 months after

10 the date of its first meeting, submit to Congress a report

11 on its findings and conclusions under this subtitle, includ12 ing any recommendations under section 1202.

13 SEC. 1204. POWERS.

14 (a) HEARINGS.—The Commission or, at its direction,

15 any panel or member of the Commission, may, for the pur16 pose of carrying out the provisions of this subtitle, hold

17 hearings, sit and act at times and places, take testimony,

18 receive evidence, and administer oaths to the extent that

19 the Commission or any panel or member considers advis20 able.

21 (b) INFORMATION.—The Commission may secure di22 rectly from the Department of Defense and any other Fed23 eral department or agency information that the Commis24 sion considers necessary to enable the Commission to

25 carry out its responsibilities under this subtitle.
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1 SEC. 1205. COMMISSION PROCEDURES.

2 (a) MEETINGS.—The Commission shall meet at the

3 call of the Chairman.

4 (b) QUORUM.—(1) Five members of the Commission

5 shall constitute a quorum other than for the purpose of

6 holding hearings.

7 (2) The Commission shall act by resolution agreed

8 to by a majority of the members of the Commission.

9 (c) COMMISSION.—The Commission may establish

10 panels composed of less than full membership of the Com11 mission for the purpose of carrying out the Commission’s

12 duties. The actions of each such panel shall be subject to

13 the review and control of the Commission. Any findings

14 and determinations made by such a panel shall not be con15 sidered the findings and determinations of the Commis16 sion unless approved by the Commission.

17 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM18 MISSION.—Any member or agent of the Commission may,

19 if authorized by the Commission, take any action which

20 the Commission is authorized to take under this subtitle.

21 SEC. 1206. PERSONNEL MATTERS.

22 (a) PAY OF MEMBERS.—Members of the Commission

23 shall serve without pay by reason of their work on the

24 Commission.

25 (b) TRAVEL EXPENSES.—The members of the Com26 mission shall be allowed travel expenses, including per
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1 diem in lieu of subsistence, at rates authorized for employ2 ees of agencies under subchapter I of chapter 57 of title

3 5, United States Code, while away from their homes or

4 regular places of business in the performance of services

5 for the Commission.

6 (c) STAFF.—(1) The chairman of the Commission

7 may, without regard to the provisions of title 5, United

8 States Code, governing appointments in the competitive

9 service, appoint a staff director and such additional per10 sonnel as may be necessary to enable the Commission to

11 perform its duties. The appointment of a staff director

12 shall be subject to the approval of the Commission.

13 (2) The chairman of the Commission may fix the pay

14 of the staff director and other personnel without regard

15 to the provisions of chapter 51 and subchapter III of chap16 ter 53 of title 5, United States Code, relating to classifica17 tion of positions and General Schedule pay rates, except

18 that the rate of pay fixed under this paragraph for the

19 staff director may not exceed the rate payable for level

20 V of the Executive Schedule under section 5316 of such

21 title and the rate of pay for other personnel may not ex22 ceed the maximum rate payable for grade GS–15 of the

23 General Schedule.

24 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

25 request of the chairman of the Commission, the head of
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1 any Federal department or agency may detail, on a non2 reimbursable basis, any personnel of that department or

3 agency to the Commission to assist it in carrying out its

4 duties.

5 (e) PROCUREMENT OF TEMPORARY AND INTERMIT6 TENT SERVICES.—The chairman of the Commission may

7 procure temporary and intermittent services under section

8 3109(b) of title 5, United States Code, at rates for individ9 uals which do not exceed the daily equivalent of the annual

10 rate of basic pay payable for level V of the Executive

11 Schedule under section 5316 of such title.

12 SEC. 1207. MISCELLANEOUS ADMINISTRATIVE PROVI13 SIONS.

14 (a) POSTAL AND PRINTING SERVICES.—The Com15 mission may use the United States mails and obtain print16 ing and binding services in the same manner and under

17 the same conditions as other departments and agencies of

18 the Federal Government.

19 (b) MISCELLANEOUS ADMINISTRATIVE AND SUP20 PORT SERVICES.—The Secretary of Defense shall furnish

21 the Commission, on a reimbursable basis, any administra22 tive and support services requested by the Commission.

23 SEC. 1208. FUNDING.

24 (a) IN GENERAL.—Funds for activities of the Com25 mission shall be provided from amounts appropriated for
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1 the Department of Defense for operation and maintenance

2 for Defense-wide activities for fiscal year 2000.

3 (b) REQUEST.—Upon receipt of a written certifi4 cation from the Chairman of the Commission specifying

5 the funds required for the activities of the Commission,

6 the Secretary of Defense shall promptly disburse to the

7 Commission, from such amounts, the funds required by

8 the Commission as stated in such certification.

9 (c) AVAILABILITY OF CERTAIN FUNDS.—Of the

10 funds available for activities of the Commission under this

11 section, $2,000,000 shall be available for the activities, if

12 any, of the Commission under section 1202(c).

13 SEC. 1209. TERMINATION OF COMMISSION.

14 The Commission shall terminate 60 days after the

15 date of the submission of its report under section 1203.

16 Subtitle B—Related Matters

17 SEC. 1211. FUTURE USE OF NAVY ANNEX PROPERTY, AR18 LINGTON, VIRGINIA.

19 (a) LIMITATION ON FUTURE USE.—No transfer of

20 any real property of the Navy Annex property, or other

21 use of that property not authorized as of the date of the

22 enactment of this Act, may be carried out until 2 years

23 after the later of—

24 (1) the date of the submittal of the study on

25 the expansion of Arlington Cemetery required by the
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1 Joint Explanatory Statement of the Committee of

2 Conference to accompany the Thurmond National

3 Defense Authorization Act for Fiscal Year 1999

4 (Public Law 105–261); or

5 (2) the date of the submittal of the report of

6 the Commission on the National Military Museum

7 under section 1203.

8 (b) NAVY ANNEX PROPERTY DESCRIBED.—For pur9 poses of subsection (a), the Navy Annex property is the

10 parcels of real property under the jurisdiction of the Fed11 eral Government located in Arlington, Virginia, as follows:

12 (1) A parcel bounded by Columbia Pike to the

13 south and east, the rear property line of the residen14 tial properties fronting Oak Street to the west, and

15 the southern limit of Southgate Road to the north.

16 (2) A parcel bounded by Shirley Memorial Bou17 levard (Interstate Route 395) to the south, the east18 ern edge of the Department of Transportation of the

19 Commonwealth of Virginia to the west, Columbia

20 Pike to the north, and the access road to Shirley

21 Memorial Boulevard immediately east of Joyce

22 Street to the east.