106TH CONGRESS

1ST SESSION S. 1059

AMENDMENT
In the House of Representatives, U. S.,

June 14, 1999.

Resolved, That the bill from the Senate (S. 1059) entitled ‘‘An Act to authorize appropriations for fiscal year 2000

for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

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

5 CONTENTS.

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

8 (1) Division A—Department of Defense Author9 izations.

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

•S 1059 EAH

1 (3) Division C—Department of Energy National

2 Security Authorizations and Other Authorizations.

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

4 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical demilitarization program.

Sec. 108. Defense health programs.

Sec. 109. Defense Export Loan Guarantee program.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for Army programs.

Sec. 112. Extension of pilot program on sales of manufactured articles and services of certain Army industrial facilities without regard to

availability from domestic sources.

Sec. 113. Revision to conditions for award of a second-source procurement contract for the Family of Medium Tactical Vehicles.

Subtitle C—Navy Programs

Sec. 121. F/A–18E/F Super Hornet aircraft program.

Subtitle D—Chemical Stockpile Destruction Program

Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions.

Sec. 142. Alternative technologies for destruction of assembled chemical weapons.

Subtitle E—Other Matters

Sec. 151. Limitation on expenditures for satellite communications.

Sec. 152. Procurement of firefighting equipment for the Air National Guard and

the Air Force Reserve.

Sec. 153. Cooperative engagement capability program.
3

•S 1059 EAH

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Collaborative program to evaluate and demonstrate advanced technologies for advanced capability combat vehicles.

Sec. 212. Revisions in manufacturing technology program.

Sec. 213. Sense of Congress regarding defense science and technology program.

Subtitle C—Ballistic Missile Defense

Sec. 231. Additional program elements for ballistic missile defense programs.

Subtitle D—Other Matters

Sec. 241. Designation of Secretary of the Army as executive agent for high energy

laser technologies.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

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

Sec. 305. Transfer to Defense Working Capital Funds to support Defense Commissary Agency.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 311. Reimbursement of Navy Exchange Service Command for relocation expenses.

Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne Division.

Sec. 313. Operation and maintenance of Air Force space launch facilities.

Subtitle C—Environmental Provisions

Sec. 321. Remediation of asbestos and lead-based paint.

Subtitle D—Performance of Functions by Private-Sector

Sources

Sec. 331. Expansion of annual report on contracting for commercial and industrial type functions.

Sec. 332. Congressional notification of A–76 cost comparison waivers.

Sec. 333. Improved evaluation of local economic effect of changing defense functions to private sector performance.

Sec. 334. Annual reports on expenditures for performance of depot-level maintenance and repair workloads by public and private sectors.
4

•S 1059 EAH

Sec. 335. Applicability of competition requirement in contracting out workloads

performed by depot-level activities of Department of Defense.

Sec. 336. Treatment of public sector winning bidders for contracts for performance of depot-level maintenance and repair workloads formerly

performed at certain military installations.

Sec. 337. Process for modernization of computer systems at Army computer centers.

Sec. 338. Evaluation of total system performance responsibility program.

Sec. 339. Identification of core logistics capability requirements for maintenance

and repair of C–17 aircraft.

Subtitle E—Defense Dependents Education

Sec. 341. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

Sec. 342. Continuation of enrollment at Department of Defense domestic dependent elementary and secondary schools.

Sec. 343. Technical amendments to Defense Dependents’ Education Act of 1978.

Subtitle F—Military Readiness Issues

Sec. 351. Independent study of Department of Defense secondary inventory and

parts shortages.

Sec. 352. Independent study of adequacy of department restructured sustainment

and reengineered logistics product support practices.

Sec. 353. Independent study of military readiness reporting system.

Sec. 354. Review of real property maintenance and its effect on readiness.

Sec. 355. Establishment of logistics standards for sustained military operations.

Subtitle G—Other Matters

Sec. 361. Discretionary authority to install telecommunication equipment for persons performing voluntary services.

Sec. 362. Contracting authority for defense working capital funded industrial facilities.

Sec. 363. Clarification of condition on sale of articles and services of industrial

facilities to persons outside Department of Defense.

Sec. 364. Special authority of disbursing officials regarding automated teller machines on naval vessels.

Sec. 365. Preservation of historic buildings and grounds at United States Soldiers’ and Airmen’s Home, District of Columbia.

Sec. 366. Clarification of land conveyance authority, United States Soldiers’ and

Airmen’s Home.

Sec. 367. Treatment of Alaska, Hawaii, and Guam in defense household goods

moving programs.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent end strength minimum levels.

Sec. 403. Appointments to certain senior joint officer positions.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.
5

•S 1059 EAH

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

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Increase in number of Army and Air Force members in certain grades

authorized to serve on active duty in support of the Reserves.

Sec. 415. Selected Reserve end strength flexibility.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Recommendations for promotion by selection boards.

Sec. 502. Technical amendments relating to joint duty assignments.

Subtitle B—Matters Relating to Reserve Components

Sec. 511. Continuation on Reserve active status list to complete disciplinary action.

Sec. 512. Authority to order reserve component members to active duty to complete a medical evaluation.

Sec. 513. Eligibility for consideration for promotion.

Sec. 514. Retention until completion of 20 years of service for reserve component

majors and lieutenant commanders who twice fail of selection for

promotion.

Sec. 515. Computation of years of service exclusion.

Sec. 516. Authority to retain reserve component chaplains until age 67.

Sec. 517. Expansion and codification of authority for space-required travel for

Reserves.

Sec. 518. Financial assistance program for specially selected members of the Marine Corps Reserve.

Sec. 519. Options to improve recruiting for the Army Reserve.

Subtitle C—Military Technicians

Sec. 521. Revision to military technician (dual status) law.

Sec. 522. Civil service retirement of technicians.

Sec. 523. Revision to non-dual status technicians statute.

Sec. 524. Revision to authorities relating to National Guard technicians.

Sec. 525. Effective date.

Sec. 526. Secretary of Defense review of Army technician costing process.

Sec. 527. Fiscal year 2000 limitation on number of non-dual status technicians.

Subtitle D—Service Academies

Sec. 531. Waiver of reimbursement of expenses for instruction at service academies of persons from foreign countries.

Sec. 532. Compliance by United States Military Academy with statutory limit on

size of Corps of Cadets.

Sec. 533. Dean of Academic Board, United States Military Academy and Dean

of the Faculty, United States Air Force Academy.

Sec. 534. Exclusion from certain general and flag officer grade strength limitations for the superintendents of the service academies.
6

•S 1059 EAH

Subtitle E—Education and Training

Sec. 541. Establishment of a Department of Defense international student program at the senior military colleges.

Sec. 542. Authority for Army War College to award degree of master of strategic

studies.

Sec. 543. Authority for air university to award graduate-level degrees.

Sec. 544. Correction of Reserve credit for participation in health professional

scholarship and financial assistance program.

Sec. 545. Permanent expansion of ROTC program to include graduate students.

Sec. 546. Increase in monthly subsistence allowance for senior ROTC cadets selected for advanced training.

Sec. 547. Contingent funding increase for Junior ROTC program.

Sec. 548. Change from annual to biennial reporting under the Reserve component

Montgomery GI Bill.

Sec. 549. Recodification and consolidation of statutes denying Federal grants and

contracts by certain departments and agencies to institutions of

higher education that prohibit Senior ROTC units or military

recruiting on campus.

Subtitle F—Decorations and Awards

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

persons.

Sec. 552 Sense of Congress concerning Presidential Unit Citation for crew of the

U.S.S. INDIANAPOLIS.

Sec. 553. Authority for award of Medal of Honor to Alfred Rascon for valor during the Vietnam conflict.

Subtitle G—Other Matters

Sec. 561. Revision in authority to order retired members to active duty.

Sec. 562. Temporary authority for recall of retired aviators.

Sec. 563. Service review agencies covered by professional staffing requirement.

Sec. 564. Conforming amendment to authorize Reserve officers and retired regular

officers to hold a civil office while serving on active duty for not

more than 270 days.

Sec. 565. Revision to requirement for honor guard details at funerals of veterans.

Sec. 566. Purpose and funding limitations for National Guard Challenge Program.

Sec. 567. Access to secondary school students for military recruiting purposes.

Sec. 568. Survey of members leaving military service on attitudes toward military service.

Sec. 569. Improvement in system for assigning personnel to warfighting units.

Sec. 570. Requirement for Department of Defense regulations to protect the confidentiality of communications between dependents and professionals providing therapeutic or related services regarding sexual

or domestic abuse.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2000 increase in military basic pay and reform of basic

pay rates.

Sec. 602. Pay increases for fiscal years after fiscal year 2000.
7

•S 1059 EAH

Sec. 603. Additional amount available for fiscal year 2000 increase in basic allowance for housing inside the United States.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses and special pay authorities for reserve

forces.

Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 613. Extension of authorities relating to payment of other bonuses and special pays.

Sec. 614. Aviation career incentive pay for air battle managers.

Sec. 615. Expansion of authority to provide special pay to aviation career officers

extending period of active duty.

Sec. 616. Diving duty special pay.

Sec. 617. Reenlistment bonus.

Sec. 618. Enlistment bonus.

Sec. 619. Revised eligibility requirements for reserve component prior service enlistment bonus.

Sec. 620. Increase in special pay and bonuses for nuclear-qualified officers.

Sec. 621. Increase in authorized monthly rate of foreign language proficiency

pay.

Sec. 622. Authorization of retention bonus for special warfare officers extending

period of active duty.

Sec. 623. Authorization of surface warfare officer continuation pay.

Sec. 624. Authorization of career enlisted flyer incentive pay.

Sec. 625. Authorization of judge advocate continuation pay.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Provision of lodging in kind for Reservists performing training duty

and not otherwise entitled to travel and transportation allowances.

Sec. 632. Payment of temporary lodging expenses for members making their first

permanent change of station.

Sec. 633. Emergency leave travel cost limitations.

Subtitle D—Retired Pay Reform

Sec. 641. Redux retired pay system applicable only to members electing new 15-

year career status bonus.

Sec. 642. Authorization of 15-year career status bonus.

Sec. 643. Conforming amendments.

Sec. 644. Effective date.

Subtitle E—Other Retired Pay and Survivor Benefit Matters

Sec. 651. Effective date of disability retirement for members dying in civilian

medical facilities.

Sec. 652. Extension of annuity eligibility for surviving spouses of certain retirement eligible reserve members.

Sec. 653. Presentation of United States flag to retiring members of the uniformed

services not previously covered.

Sec. 654. Accrual funding for retirement system for commissioned corps of National Oceanic and Atmospheric Administration.

Sec. 655. Disability retirement or separation for certain members with pre-existing conditions.
8

•S 1059 EAH

Subtitle F—Eligibility to Participate in the Thrift Savings

Plan

Sec. 661. Authority for members of the uniformed services to contribute to the

thrift savings fund.

Sec. 662. Contributions to thrift savings fund.

Sec. 663. Regulations.

Sec. 664. Effective date.

Subtitle G—Other Matters

Sec. 671. Payments for unused accrued leave as part of reenlistment.

Sec. 672. Clarification of per diem eligibility for military technicians serving on

active duty without pay outside the United States.

Sec. 673. Overseas special supplemental food program.

Sec. 674. Special compensation for severely disabled uniformed services retirees.

Sec. 675. Tuition assistance for members deployed in a contingency operation.

TITLE VII—HEALTH CARE MATTERS

Subtitle A—Health Care Services

Sec. 701. Provision of health care to members on active duty at certain remote

locations.

Sec. 702. Provision of chiropractic health care.

Sec. 703. Continuation of provision of domiciliary and custodial care for certain

CHAMPUS beneficiaries.

Sec. 704. Removal of restrictions on use of funds for abortions in certain cases

of rape or incest.

Subtitle B—TRICARE Program

Sec. 711. Improvements to claims processing under the TRICARE program.

Sec. 712. Authority to waive certain TRICARE deductibles.

Sec. 713. Electronic processing of claims under the TRICARE program.

Sec. 714. Study of rates for provision of medical services; proposal for certain

rate increases.

Sec. 715. Requirements for provision of care in geographically separated units.

Sec. 716. Improvement of access to health care under the TRICARE program.

Sec. 717. Reimbursement of certain costs incurred by covered beneficiaries when

referred for care outside local catchment area.

Sec. 718. Improvement of referral process under TRICARE.

Subtitle C—Other Matters

Sec. 721. Pharmacy benefits program.

Sec. 722. Improvements to third-party payer collection program.

Sec. 723. Authority of Armed Forces medical examiner to conduct forensic pathology investigations.

Sec. 724. Trauma training center.

Sec. 725. Study on joint operations for the Defense Health Program.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Sec. 801. Sale, exchange, and waiver authority for coal and coke.

Sec. 802. Extension of authority to issue solicitations for purchases of commercial

items in excess of simplified acquisition threshold.
9

•S 1059 EAH

Sec. 803. Expansion of applicability of requirement to make certain procurements from small arms production industrial base.

Sec. 804. Repeal of termination of provision of credit towards subcontracting

goals for purchases benefiting severely handicapped persons.

Sec. 805. Extension of test program for negotiation of comprehensive small business subcontracting plans.

Sec. 806. Facilitation of national missile defense system.

Sec. 807. Options for accelerated acquisition of precision munitions.

Sec. 808. Program to increase opportunity for small business innovation in defense acquisition programs.

Sec. 809. Compliance with Buy American Act.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Sec. 901. Limitation on amount available for contracted advisory and assistance

services.

Sec. 902. Responsibility for logistics and sustainment functions of the Department of Defense.

Sec. 903. Management headquarters and headquarters support activities.

Sec. 904. Further reductions in defense acquisition and support workforce.

Sec. 905. Center for the Study of Chinese Military Affairs.

Sec. 906. Responsibility within Office of the Secretary of Defense for monitoring

OPTEMPO and PERSTEMPO.

Sec. 907. Report on military space issues.

Sec. 908. Employment and compensation of civilian faculty members of Department of Defense African Center for Strategic Studies.

Sec. 909. Additional matters for annual report on joint warfighting experimentation.

Sec. 910. Defense technology security enhancement.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Authorization of prior emergency military personnel appropriations.

Sec. 1004. Repeal of requirement for two-year budget cycle for the Department of

Defense.

Sec. 1005. Consolidation of various Department of the Navy trust and gift

funds.

Sec. 1006. Supplemental appropriations request for operations in Yugoslavia.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Revision to congressional notice-and-wait period required before transfer of a vessel stricken from the Naval Vessel Register.

Sec. 1012. Authority to consent to retransfer of former naval vessel.

Sec. 1013. Report on naval vessel force structure requirements.

Sec. 1014. Auxiliary vessels acquisition program for the Department of Defense.

Sec. 1015. Authority to provide advance payments for the National Defense Features program.
10

•S 1059 EAH

Subtitle C—Matters Relating to Counter Drug Activities

Sec. 1021. Support for detection and monitoring activities in the eastern Pacific

Ocean.

Sec. 1022. Condition on development of forward operating locations for United

States Southern Command counter-drug detection and monitoring flights.

Sec. 1023. United States military activities in Colombia.

Sec. 1024. Assignment of members to assist Immigration and Naturalization

Service and Customs Service.

Subtitle D—Other Matters

Sec. 1031. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities.

Sec. 1032. Notice to congressional committees of compromise of classified information within defense programs of the United States.

Sec. 1033. Revision to limitation on retirement or dismantlement of strategic nuclear delivery systems.

Sec. 1034. Annual report by Chairman of Joint Chiefs of Staff on the risks in

executing the missions called for under the National Military

Strategy.

Sec. 1035. Requirement to address unit operations tempo and personnel tempo in

Department of Defense annual report.

Sec. 1036. Preservation of certain defense reporting requirements.

Sec. 1037. Technical and clerical amendments.

Sec. 1038. Contributions for Spirit of Hope endowment fund of United Service

Organizations, Incorporated.

Sec. 1039. Chemical defense training facility.

Sec. 1040. Asia-Pacific Center for security studies.

Sec. 1041. Report on effect of continued Balkan operations on ability of United

States to successfully meet other regional contingencies.

Sec. 1042. Report on space launch failures.

Sec. 1043. Report on airlift requirements to support national military strategy.

Sec. 1044. Operations of Naval Academy dairy farm.

Sec. 1045. Inspector General investigation of compliance with Buy American Act

in purchases of free weight strength training equipment.

Sec. 1046. Performance of threat and risk assessments.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL

Sec. 1101. Increase of pay cap for nonappropriated fund senior executive employees.

Sec. 1102. Restoration of leave for certain Department of Defense employees who

deploy to a combat zone outside the United States.

Sec. 1103. Expansion of Guard-and-Reserve purposes for which leave under section 6323 of title 5, United States Code, may be used.

Sec. 1104. Temporary authority to provide early retirement and separation incentives for certain civilian employees.

Sec. 1105. Extension of authority to continue health insurance coverage for certain Department of Defense employees.

TITLE XII—MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Report on strategic stability under START III.
11

•S 1059 EAH

Sec. 1202. One-year extension of counterproliferation authorities for support of

United Nations weapons inspection regime in Iraq.

Sec. 1203. Limitation on military-to-military exchanges with China’s People’s

Liberation Army.

Sec. 1204. Report on allied capabilities to contribute to major theater wars.

Sec. 1205. Limitation on funds for Bosnia peacekeeping operations for fiscal year

2000.

Sec. 1206. Limitation on deployment of United States Armed Forces in Haiti.

Sec. 1207. Goals for the conflict with the Federal Republic of Yugoslavia.

Sec. 1208. Report on the security situation on the Korean Peninsula.

Sec. 1209. Annual report on military power of the People’s Republic of China.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH

STATES OF THE FORMER SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Prohibition on use of funds for specified purposes.

Sec. 1304. Limitations on use of funds for fissile material storage facility.

Sec. 1305. Limitation on use of funds for chemical weapons destruction.

Sec. 1306. Limitation on use of funds for biological weapons proliferation prevention activities.

Sec. 1307. Limitation on use of funds until submission of report and multiyear

plan.

Sec. 1308. Requirement to submit report.

Sec. 1309. Report on Expanded Threat Reduction Initiative.

TITLE XIV—PROLIFERATION AND EXPORT CONTROL

MATTERS

Sec. 1401. Report on compliance by the People’s Republic of China and other

countries with the missile technology control regime.

Sec. 1402. Annual report on technology transfers to the People’s Republic of

China.

Sec. 1403. Report on implementation of transfer of satellite export control authority.

Sec. 1404. Security in connection with satellite export licensing.

Sec. 1405. Reporting of technology passed to People’s Republic of China and of

foreign launch security violations.

Sec. 1406. Report on national security implications of exporting high-performance computers to the People’s Republic of China.

Sec. 1407. End-use verification for use by People’s Republic of China of high-performance computers.

Sec. 1408. Procedures for review of export of controlled technologies and items.

Sec. 1409. Notice of foreign acquisition of United States firms in national security industries.

Sec. 1410. Five-agency inspectors general examination of countermeasures

against acquisition by the People’s Republic of China of militarily sensitive technology.

Sec. 1411. Office of technology security in Department of Defense.

Sec. 1412. Annual audit of Department of Defense and Department of Energy

policies with respect to technology transfers to the People’s Republic of China.

Sec. 1413. Resources for export license functions.

Sec. 1414. National security assessment of export licenses.
12

•S 1059 EAH

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Authorization to accept electrical substation improvements, Guam.

Sec. 2206. Correction in authorized use of funds, Marine Corps Combat Development Command, Quantico, Virginia.

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Plan for completion of project to consolidate Air Force research laboratory, Rome Research Site, New York.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Improvements to military family housing units.

Sec. 2403. Military housing improvement program.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Increase in fiscal year 1997 authorization for military construction

projects at Pueblo Chemical Activity, Colorado.

Sec. 2407. Condition on obligation of military construction funds for drug interdiction and counter-drug activities.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

law.
13

•S 1059 EAH

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

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Contributions for North Atlantic Treaty Organizations Security Investment.

Sec. 2802. Development of Ford Island, Hawaii.

Sec. 2803. Restriction on authority to acquire or construct ancillary supporting

facilities for housing units.

Sec. 2804. Planning and design for military construction projects for reserve components.

Sec. 2805. Limitations on authority to carry out small projects for acquisition

of facilities for reserve components.

Sec. 2806. Expansion of entities eligible to participate in alternative authority

for acquisition and improvement of military housing.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Extension of authority for lease of land for special operations activities.

Sec. 2812. Utility privatization authority.

Sec. 2813. Acceptance of funds to cover administrative expenses relating to certain real property transactions.

Sec. 2814. Study and report on impacts to military readiness of proposed land

management changes on public lands in Utah.

Subtitle C—Defense Base Closure and Realignment

Sec. 2821. Continuation of authority to use Department of Defense Base Closure

Account 1990 for activities required to close or realign military

installations.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.

Sec. 2832. Land conveyance, Army Reserve Center, Kankakee, Illinois.

Sec. 2833. Land conveyance, Fort Des Moines, Iowa.

Sec. 2834. Land conveyance, Army Maintenance Support Activity (Marine)

Number 84, Marcus Hook, Pennsylvania.

Sec. 2835. Land conveyances, Army docks and related property, Alaska.

Sec. 2836. Land conveyance, Fort Huachuca, Arizona.

Sec. 2837. Land conveyance, Army Reserve Center, Cannon Falls, Minnesota.

Sec. 2838. Land conveyance, Nike Battery 80 family housing site, East Hanover

Township, New Jersey.

Sec. 2839. Land exchange, Rock Island Arsenal, Illinois.

Sec. 2840. Modification of land conveyance, Joliet Army Ammunition Plant, Illinois.

Sec. 2841. Land conveyances, Twin Cities Army Ammunition Plant, Minnesota.
14

•S 1059 EAH

PART II—NAVY CONVEYANCES

Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No. 387,

Dallas, Texas.

Sec. 2852. Land conveyance, Naval and Marine Corps Reserve Center, Orange,

Texas.

Sec. 2853. Land conveyance, Marine Corps Air Station, Cherry Point, North

Carolina.

PART III—AIR FORCE CONVEYANCES

Sec. 2861. Conveyance of fuel supply line, Pease Air Force Base, New Hampshire.

Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.

Sec. 2863. Land conveyance, Port of Anchorage, Alaska.

Sec. 2864. Land conveyance, Forestport Test Annex, New York.

Sec. 2865. Land conveyance, Mcclellan Nuclear Radiation Center, California.

Subtitle E—Other Matters

Sec. 2871. Expansion of Arlington National Cemetery.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Defense environmental management privatization.

Sec. 3106. Department of Energy counterintelligence cyber security program.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

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

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

of Energy.

Sec. 3128. Availability of funds.

Sec. 3129. Transfers of defense environmental management funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Limitation on use at Department of Energy laboratories of funds appropriated for the initiatives for proliferation prevention program.

Sec. 3132. Prohibition on use for payment of Russian Government taxes and customs duties of funds appropriated for the initiatives for proliferation prevention program.
15

•S 1059 EAH

Sec. 3133. Modification of laboratory-directed research and development to provide funds for theater ballistic missile defense.

Sec. 3134. Support of theater ballistic missile defense activities of the Department

of Defense.

Subtitle D—Commission on Nuclear Weapons Management

Sec. 3151. Establishment of commission.

Sec. 3152. Duties of commission.

Sec. 3153. Reports.

Sec. 3154. Powers.

Sec. 3155. Commission procedures.

Sec. 3156. Personnel matters.

Sec. 3157. Miscellaneous administrative provisions.

Sec. 3158. Funding.

Sec. 3159. Termination of the commission.

Subtitle E—Other Matters

Sec. 3161. Procedures for meeting tritium production requirements.

Sec. 3162. Extension of authority of Department of Energy to pay voluntary separation incentive payments.

Sec. 3163. Fellowship program for development of skills critical to the Department of Energy nuclear weapons complex.

Sec. 3164. Department of Energy records declassification.

Sec. 3165. Management of nuclear weapons production facilities and national

laboratories.

Sec. 3166. Notice to congressional committees of compromise of classified information within nuclear energy defense programs.

Sec. 3167. Department of Energy regulations relating to the safeguarding and security of restricted data.

Sec. 3168. Department of Energy counterintelligence polygraph program.

Sec. 3169. Report on counterintelligence and security practices at national laboratories.

Sec. 3170. Technology transfer coordination for Department of Energy national

laboratories.

Subtitle F—Protection of National Security Information

Sec. 3181. short title.

Sec. 3182. Semi-annual report by the president on espionage by the People’s Republic of China.

Sec. 3183. Report on whether department of energy should continue to maintain

nuclear weapons responsibility.

Sec. 3184. Department of Energy office of foreign intelligence and Office of Counterintelligence.

Sec. 3185. Counterintelligence program at Department of Energy national laboratories.

Sec. 3186. Counterintelligence activities at other Department of Energy facilities.

Sec. 3187. Department of Energy polygraph examinations.

Sec. 3188. Civil monetary penalties for violations of Department of Energy regulations relating to the safeguarding and security of restricted

data.

Sec. 3189. Increased penalties for misuse of restricted data.

Sec. 3190. restrictions on access to national laboratories by foreign visitors from

sensitive countries.
16

•S 1059 EAH

Sec. 3191. Requirements relating to access by foreign visitors and employees to

Department of Energy facilities engaged in defense activities.

Sec. 3192. Annual report on security and counterintelligence standards at national laboratories and other defense facilities of the Department

of Energy.

Sec. 3193. Report on security vulnerabilities of national laboratory computers.

Sec. 3194. Government access to classified information on Department of Energy

defense-related computers.

Sec. 3195. Definition of national laboratory.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Elimination of congressionally imposed disposal restrictions on specific stockpile materials.

TITLE XXXIV—MARITIME ADMINISTRATION

Sec. 3401. Short title.

Sec. 3402. Authorization of appropriations for fiscal year 2000.

Sec. 3403. Amendments to title XI of the Merchant Marine Act, 1936.

Sec. 3404. Extension of war risk insurance authority.

Sec. 3405. Ownership of the JEREMIAH O’BRIEN.

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Office of Transition Administration.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.
17

•S 1059 EAH

1 DIVISION A—DEPARTMENT OF

2 DEFENSE AUTHORIZATIONS

3 TITLE I—PROCUREMENT

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 101. ARMY.

7 Funds are hereby authorized to be appropriated for fis8 cal year 2000 for procurement for the Army as follows:

9 (1) For aircraft, $1,415,211,000.

10 (2) For missiles, $1,415,959,000.

11 (3) For weapons and tracked combat vehicles,

12 $1,575,096,000.

13 (4) For ammunition, $1,196,216,000.

14 (5) For other procurement, $3,799,895,000.

15 SEC. 102. NAVY AND MARINE CORPS.

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2000 for procurement for the Navy

18 as follows:

19 (1) For aircraft, $8,804,051,000.

20 (2) For weapons, including missiles and tor21 pedoes, $1,764,655,000.

22 (3) For shipbuilding and conversion,

23 $6,687,172,000.

24 (4) For other procurement, $4,260,444,000.
18

•S 1059 EAH

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

2 be appropriated for fiscal year 2000 for procurement for

3 the Marine Corps in the amount of 1,297,463,000.

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

5 are hereby authorized to be appropriated for procurement

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

7 amount of $612,900,000.

8 SEC. 103. AIR FORCE.

9 Funds are hereby authorized to be appropriated for fis10 cal year 2000 for procurement for the Air Force as follows:

11 (1) For aircraft, $9,647,651,000.

12 (2) For missiles, $2,303,661,000.

13 (3) For ammunition, $560,537,000.

14 (4) For other procurement, $7,077,762,000.

15 SEC. 104. DEFENSE-WIDE ACTIVITIES.

16 Funds are hereby authorized to be appropriated for fis17 cal year 2000 for Defense-wide procurement in the amount

18 of $2,107,839,000.

19 SEC. 105. RESERVE COMPONENTS.

20 Funds are hereby authorized to be appropriated for fis21 cal year 2000 for procurement of aircraft, vehicles, commu22 nications equipment, and other equipment for the reserve

23 components of the Armed Forces as follows:

24 (1) For the Army National Guard, $10,000,000.

25 (2) For the Air National Guard, $10,000,000.
19

•S 1059 EAH

1 (3) For the Army Reserve, $10,000,000.

2 (4) For the Naval Reserve, $10,000,000.

3 (5) For the Air Force Reserve, $10,000,00.

4 (6) For the Marine Corps Reserve, $10,000,000.

5 SEC. 106. DEFENSE INSPECTOR GENERAL.

6 Funds are hereby authorized to be appropriated for fis7 cal year 2000 for procurement for the Inspector General of

8 the Department of Defense in the amount of $2,100,000.

9 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

10 There is hereby authorized to be appropriated for fiscal

11 year 2000 the amount of $1,012,000,000 for—

12 (1) the destruction of lethal chemical agents and

13 munitions in accordance with section 1412 of the De14 partment of Defense Authorization Act, 1986 (50

15 U.S.C. 1521); and

16 (2) the destruction of chemical warfare materiel

17 of the United States that is not covered by section

18 1412 of such Act.

19 SEC. 108. DEFENSE HEALTH PROGRAMS.

20 Funds are hereby authorized to be appropriated for fis21 cal year 2000 for the Department of Defense for procure22 ment for carrying out health care programs, projects, and

23 activities of the Department of Defense in the total amount

24 of $356,970,000.
20

•S 1059 EAH

1 SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.

2 Funds are hereby authorized to be appropriated for fis3 cal year 2000 for the Department of Defense for carrying

4 out the Defense Export Loan Guarantee Program under sec5 tion 2540 of title 10, United States Code, in the total

6 amount of $1,250,000.

7 Subtitle B—Army Programs

8 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

9 ARMY PROGRAMS.

10 (a) MULTIYEAR PROCUREMENT AUTHORITY.—Subject

11 to subsection (b), the Secretary of the Army may, in accord12 ance with section 2306b of title 10, United States Code,

13 enter into a multiyear procurement contract beginning with

14 the fiscal year 2000 program year for procurement for each

15 of the following programs.

16 (1) The Javelin missile system.

17 (2) M2A3 Bradley fighting vehicles.

18 (3) AH–64D Longbow Apache attack helicopters.

19 (4) The M1A2 Abrams main battle tank upgrade

20 program combined with the Heavy Assault Bridge

21 program.

22 (b) REQUIRED REPORT.—The Secretary of the Army

23 may not enter into a multiyear contract under subsection

24 (a) for a program named in one of the paragraphs of that

25 subsection until the Secretary of Defense submits to the con26 gressional defense committees a report with respect to that
21

•S 1059 EAH

1 contract that provides the following information, shown for

2 each year in the current future-years defense program and

3 in the aggregate over the period of the current future-years

4 defense program:

5 (1) The amount of total obligational authority

6 under the contract and the percentage that such

7 amount represents of (A) the applicable procurement

8 account, and (B) the service procurement total.

9 (2) The amount of total obligational authority

10 under all Army multiyear procurements (determined

11 without regard to the amount of the multiyear con12 tract) under multiyear contracts in effect immediately

13 before the contract under subsection (a) is entered into

14 and the percentage that such amount represents of (A)

15 the applicable procurement account, and (B) the serv16 ice procurement total.

17 (3) The amount equal to the sum of the amounts

18 under paragraphs (1) and (2) and the percentage that

19 such amount represents of (A) the applicable procure20 ment account, and (B) the service procurement total.

21 (4) The amount of total obligational authority

22 under all Department of Defense multiyear procure23 ments (determined without regard to the amount of

24 the multiyear contract), including the contract under

25 subsection (a) and each additional multiyear contract
22

•S 1059 EAH

1 authorized by this Act, and the percentage that such

2 amount represents of the procurement accounts of the

3 Department of Defense treated in the aggregate.

4 (5) For purposes of this subsection:

5 (A) The term ‘‘applicable procurement account’’

6 means, with respect to the multiyear contract under

7 subsection (a), the Department of the Army procure8 ment account from which funds to discharge obliga9 tions under the contract will be provided.

10 (B) The term ‘‘service procurement total’’ means,

11 with respect to the multiyear contract under sub12 section (a), the procurement accounts of the Army

13 treated in the aggregate.

14 SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF

15 MANUFACTURED ARTICLES AND SERVICES OF

16 CERTAIN ARMY INDUSTRIAL FACILITIES

17 WITHOUT REGARD TO AVAILABILITY FROM

18 DOMESTIC SOURCES.

19 Section 141 of the National Defense Authorization Act

20 for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 4543

21 note) is amended—

22 (1) in subsection (a), by striking ‘‘fiscal years

23 1998 and 1999’’ and inserting ‘‘fiscal years 1998

24 through 2001’’;
23

•S 1059 EAH

1 (2) in subsection (b), by striking ‘‘fiscal year

2 1998 or 1999’’ and inserting ‘‘the period during

3 which the pilot program is being conducted’’; and

4 (3) by adding at the end the following new sub5 section:

6 ‘‘(d) UPDATE OF REPORT.—Not later March 1, 2001,

7 the Inspector General of the Department of Defense shall

8 submit to Congress an update of the report required to be

9 submitted under subsection (c) and an assessment of the

10 success of the pilot program.’’.

11 SEC. 113. REVISION TO CONDITIONS FOR AWARD OF A SEC12 OND-SOURCE PROCUREMENT CONTRACT FOR

13 THE FAMILY OF MEDIUM TACTICAL VEHI14 CLES.

15 The text of section 112 of the Strom Thurmond Na16 tional Defense Authorization Act for Fiscal Year 1999 (Pub17 lic Law 105–261; 112 Stat. 1973) is amended to read as

18 follows:

19 ‘‘(a) LIMITATION ON SECOND-SOURCE AWARD.—The

20 Secretary of the Army may award a full-rate production

21 contract (known as a Phase III contract) for production

22 of the Family of Medium Tactical Vehicles to a second

23 source only after the Secretary submits to the congressional

24 defense committees a certification in writing of the fol25 lowing:
24

•S 1059 EAH

1 ‘‘(1) That the total quantity of trucks within the

2 Family of Medium Tactical Vehicles program that the

3 Secretary will require to be delivered (under all con4 tracts) in any 12-month period will be sufficient to

5 enable the prime contractor to maintain a minimum

6 production level of 150 trucks per month.

7 ‘‘(2) That the total cost to the Army of the pro8 curements under the prime and second-source con9 tracts over the period of those contracts will be the

10 same as or lower than the amount that would be the

11 total cost of the procurements if such a second-source

12 contract were not awarded.

13 ‘‘(3) That the trucks to be produced under those

14 contracts will be produced with common components

15 that will be interchangeable among similarly config16 ured models.

17 ‘‘(b) DEFINITIONS.—In this section:

18 ‘‘(1) The term ‘prime contractor’ means the con19 tractor under the production contract for the Family

20 of Medium Tactical Vehicles program as of the date

21 of the enactment of this Act.

22 ‘‘(2) The term ‘second source’ means a firm other

23 than the prime contractor.’’.
25

•S 1059 EAH

1 Subtitle C—Navy Programs

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

3 (a) MULTIYEAR PROCUREMENT AUTHORITY.—Subject

4 to subsection (b) and (c), the Secretary of the Navy may,

5 in accordance with section 2306b of title 10, United States

6 Code, enter into a multiyear procurement contract begin7 ning with the fiscal year 2000 program year for procure8 ment for the F/A–18E/F aircraft program.

9 (b) REQUIRED REPORT.—The Secretary of the Navy

10 may not enter into a multiyear contract under subsection

11 (a) until the Secretary of Defense submits to the congres12 sional defense committees a report with respect to that con13 tract that provides the following information, shown for

14 each year in the current future-years defense program and

15 in the aggregate over the period of the current future-years

16 defense program:

17 (1) The amount of total obligational authority

18 under the contract and the percentage that such

19 amount represents of (A) the applicable procurement

20 account, and (B) the service procurement total.

21 (2) The amount of total obligational authority

22 under all Navy multiyear procurements (determined

23 without regard to the amount of the multiyear con24 tract) under multiyear contracts in effect immediately

25 before the contract under subsection (a) is entered into
26

•S 1059 EAH

1 and the percentage that such amount represents of (A)

2 the applicable procurement account, and (B) the serv3 ice procurement total.

4 (3) The amount equal to the sum of the amounts

5 under paragraphs (1) and (2) and the percentage that

6 such amount represents of (A) the applicable procure7 ment account, and (B) the service procurement total.

8 (4) The amount of total obligational authority

9 under all Department of Defense multiyear procure10 ments (determined without regard to the amount of

11 the multiyear contract), including the contract under

12 subsection (a) and each additional multiyear contract

13 authorized by this Act, and the percentage that such

14 amount represents of the procurement accounts of the

15 Department of Defense treated in the aggregate.

16 (5) For purposes of this subsection:

17 (A) The term ‘‘applicable procurement account’’

18 means, with respect to the multiyear contract under

19 subsection (a), the Aircraft Procurement, Navy ac20 count.

21 (B) The term ‘‘service procurement total’’ means,

22 with respect to the multiyear contract under sub23 section (a), the procurement accounts of the Navy

24 treated in the aggregate.
27

•S 1059 EAH

1 (c) LIMITATION WITH RESPECT TO OPERATIONAL

2 TEST AND EVALUATION.—The Secretary of the Navy may

3 not enter into a multiyear procurement contract authorized

4 by subsection (a) until—

5 (1) the Secretary of Defense submits to the con6 gressional defense committees a certification described

7 in subsection (c); and

8 (2) a period of 30 continuous days of a Congress

9 (as determined under subsection (d)) elapses after the

10 submission of that certification.

11 (d) REQUIRED CERTIFICATION.—A certification re12 ferred to in subsection (c)(1) is a certification by the Sec13 retary of Defense of each of the following:

14 (1) That the results of the Operational Test and

15 Evaluation program for the F/A–18E/F aircraft

16 indicate—

17 (A) that the aircraft meets the requirements

18 for operational effectiveness and suitability es19 tablished by the Secretary of the Navy; and

20 (B) that the aircraft meets key performance

21 specifications established by the Secretary of the

22 Navy.

23 (2) That the cost of procurement of that aircraft

24 using a multiyear procurement contract as authorized

25 by subsection (a), assuming procurement of 222 air-
28

•S 1059 EAH

1 craft, is at least 7.4 percent less than the cost of pro2 curement of the same number of aircraft through an3 nual contracts.

4 (e) CONTINUITY OF CONGRESS.—For purposes of sub5 section (c)(2)—

6 (1) the continuity of a Congress is broken only

7 by an adjournment of the Congress sine die at the end

8 of the final session of the Congress; and

9 (2) any day on which either House of Congress

10 is not in session because of an adjournment of more

11 than three days to a day certain, or because of an ad12 journment sine die at the end of the first session of

13 a Congress, shall be excluded in the computation of

14 such 30-day period.

15 Subtitle D—Chemical Stockpile

16 Destruction Program

17 SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LE18 THAL CHEMICAL AGENTS AND MUNITIONS.

19 (a) PROGRAM ASSESSMENT.—(1) The Secretary of De20 fense shall conduct an assessment of the current program

21 for destruction of the United States’ stockpile of chemical

22 agents and munitions, including the Assembled Chemical

23 Weapons Assessment, for the purpose of reducing signifi24 cantly the cost of such program and ensuring completion

25 of such program in accordance with the obligations of the
29

•S 1059 EAH

1 United States under the Chemical Weapons Convention

2 while maintaining maximum protection of the general pub3 lic, the personnel involved in the demilitarization program,

4 and the environment.

5 (2) Based on the results of the assessment conducted

6 under paragraph (1), the Secretary may take those actions

7 identified in the assessment that may be accomplished

8 under existing law to achieve the purposes of such assess9 ment and the chemical agents and munitions stockpile de10 struction program.

11 (3) Not later than March 1, 2000, the Secretary shall

12 submit to Congress a report on—

13 (A) those actions taken, or planned to be taken,

14 under paragraph (2); and

15 (B) any recommendations for additional legisla16 tion that may be required to achieve the purposes of

17 the assessment conducted under paragraph (1) and of

18 the chemical agents and munitions stockpile destruc19 tion program.

20 (b) CHANGES AND CLARIFICATIONS REGARDING PRO21 GRAM.—Section 1412 of the Department of Defense Author22 ization Act, 1986 (Public Law 99–145; 50 U.S.C. 1521) is

23 amended—

24 (1) in subsection (c)—
30

•S 1059 EAH

1 (A) by striking paragraph (2) and inserting

2 the following new paragraph:

3 ‘‘(2) Facilities constructed to carry out this section

4 shall, when no longer needed for the purposes for which they

5 were constructed, be disposed of in accordance with applica6 ble laws and regulations and mutual agreements between

7 the Secretary of the Army and the Governor of the State

8 in which the facility is located.’’;

9 (B) by redesignating paragraphs (3) and

10 (4) as paragraphs (4) and (5), respectively; and

11 (C) by inserting after paragraph (2) (as

12 amended by subparagraph (A)) the following

13 new paragraph:

14 ‘‘(3)(A) Facilities constructed to carry out this section

15 may not be used for a purpose other than the destruction

16 of the stockpile of lethal chemical agents and munitions that

17 exists on November 8, 1985.

18 ‘‘(B) The prohibition in subparagraph (A) shall not

19 apply with respect to items designated by the Secretary of

20 Defense as lethal chemical agents, munitions, or related ma21 terials after November 8, 1985, if the State in which a de22 struction facility is located issues the appropriate permit

23 or permits for the destruction of such items at the facility.’’;

24 (2) in subsection (f)(2), by striking ‘‘(c)(4)’’ and

25 inserting ‘‘(c)(5)’’; and
31

•S 1059 EAH

1 (3) in subsection (g)(2)(B), by striking ‘‘(c)(3)’’

2 and inserting ‘‘(c)(4)’’.

3 (c) DEFINITIONS.—As used in this section:

4 (1) The term ‘‘Assembled Chemical Weapons As5 sessment’’ means the pilot program carried out under

6 section 8065 of the Department of Defense Appropria7 tions Act, 1997 (section 101(b) of Public Law 104–

8 208; 110 Stat. 3009–101; 50 U.S.C. 1521 note).

9 (2) The term ‘‘Chemical Weapons Convention’’

10 means the Convention on the Prohibition of the Devel11 opment, Production, Stockpiling and Use of Chemical

12 Weapons and Their Destruction, ratified by the

13 United States on April 25, 1997, and entered into

14 force on April 29, 1997.

15 SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUC16 TION OF ASSEMBLED CHEMICAL WEAPONS.

17 Section 142(a) of the Strom Thurmond National De18 fense Authorization Act for Fiscal Year 1999 (Public Law

19 105–261; 50 U.S.C. 1521 note) is amended to read as fol20 lows:

21 ‘‘(a) PROGRAM MANAGEMENT.—(1) The program

22 manager for the Assembled Chemical Weapons Assessment

23 program shall manage the development and testing of tech24 nologies for the destruction of lethal chemical munitions
32

•S 1059 EAH

1 that are potential or demonstrated alternatives to the base2 line incineration program.

3 ‘‘(2) The Under Secretary of Defense for Acquisition

4 and Technology and the Secretary of the Army shall jointly

5 submit to Congress, not later than December 1, 1999, a plan

6 for the transfer of oversight of the Assembled Chemical

7 Weapons Assessment program from the Under Secretary to

8 the Secretary.

9 ‘‘(3) Oversight of the Assembled Chemical Weapons As10 sessment program shall be transferred from the Under Sec11 retary of Defense for Acquisition and Technology to the Sec12 retary of the Army pursuant to the plan submitted under

13 paragraph (2) not later than 90 days after the date of the

14 submission of the notice required under section 152(f)(2)

15 of the National Defense Authorization Act for Fiscal Year

16 1996 (Public Law 104–106; 50 U.S.C. 1521).

17 ‘‘(4) The Under Secretary of Defense for Acquisition

18 and Technology and the Secretary of the Army shall ensure

19 coordination of the activities and plans of the program

20 manager for the Assembled Chemical Weapons Assessment

21 program and the program manager for Chemical Demili22 tarization during the demonstration and pilot plant facility

23 phase for an alternative technology.

24 ‘‘(5) For those baseline demilitarization facilities for

25 which the Secretary decides that implementation of an al-
33

•S 1059 EAH

1 ternative technology may be recommended, the Secretary

2 may take those measures necessary to facilitate the integra3 tion of the alternative technology.’’.

4 Subtitle E—Other Matters

5 SEC. 151. LIMITATION ON EXPENDITURES FOR SATELLITE

6 COMMUNICATIONS.

7 (a) IN GENERAL.—Chapter 136 of title 10, United

8 States Code, is amended by adding at the end the following

9 new section:

10 ‘‘§ 2282. Purchase or lease of communications services:

11 limitation

12 ‘‘The Secretary of Defense may not obligate any funds

13 after September 30, 2000, to buy a commercial satellite

14 communications system or to lease a communications serv15 ice, including mobile satellite communications, unless the

16 Secretary determines that the system or service to be pur17 chased or leased has been proven through independent

18 testing—

19 ‘‘(1) not to cause harmful interference to, or to

20 disrupt the use of, colocated commercial or military

21 Global Positioning System receivers used by the De22 partment of Defense; and

23 ‘‘(2) to be safe for use with such receivers in all

24 other respects.’’.
34

•S 1059 EAH

1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by adding at the

3 end the following new item:

‘‘2282. Purchase or lease of communications services: limitation.’’.

4 SEC. 152. PROCUREMENT OF FIREFIGHTING EQUIPMENT

5 FOR THE AIR NATIONAL GUARD AND THE AIR

6 FORCE RESERVE.

7 The Secretary of the Air Force may carry out a pro8 curement program, in a total amount not to exceed

9 $16,000,000, to modernize the airborne firefighting capa10 bility of the Air National Guard and Air Force Reserve

11 by procurement of equipment for the modular airborne fire12 fighting system. Amounts may be obligated for the program

13 from funds appropriated for that purpose for fiscal year

14 1999 and subsequent fiscal years.

15 SEC. 153. COOPERATIVE ENGAGEMENT CAPABILITY PRO16 GRAM.

17 (a) AUTHORITY TO PROCEED.—Cooperative engage18 ment equipment procured under the Cooperative Engage19 ment Capability program of the Navy shall be procured and

20 installed into commissioned vessels, shore facilities, and air21 craft of the Navy before completion of the operational test

22 and evaluation of shipboard cooperative engagement capa23 bility in order to ensure fielding of a battle group with fully

24 functional cooperative engagement capability by fiscal year

25 2003.
35

•S 1059 EAH

1 (b) FUNDING.—The amount authorized to be appro2 priated in section 102(a)(1) for E–2C aircraft modification

3 is hereby increased by $22,000,000 to provide for the acqui4 sition of additional cooperative engagement capability

5 equipment. The amount authorized to be appropriated in

6 section 102(a)(4) for Shipboard Information Warfare Ex7 ploit Systems is hereby reduced by $22,000,000.

8 TITLE II—RESEARCH, DEVELOP9 MENT, TEST, AND EVALUA10 TION

11 Subtitle A—Authorization of

12 Appropriations

13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

14 Funds are hereby authorized to be appropriated for fis15 cal year 2000 for the use of the Department of Defense for

16 research, development, test, and evaluation as follows:

17 (1) For the Army, $4,708,194,000.

18 (2) For the Navy, $8,358,529,000.

19 (3) For the Air Force, $13,212,671,000.

20 (4) For Defense-wide activities, $9,556,285,000,

21 of which—

22 (A) $253,457,000 is authorized for the ac23 tivities of the Director, Test and Evaluation; and

24 (B) $24,434,000 is authorized for the Direc25 tor of Operational Test and Evaluation.
36

•S 1059 EAH

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

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

3 to be appropriated by section 201, $4,248,465,000 shall be

4 available for basic research and applied research projects.

5 (b) BASIC RESEARCH AND APPLIED RESEARCH DE6 FINED.—For purposes of this section, the term ‘‘basic re7 search and applied research’’ means work funded in pro8 gram elements for defense research and development under

9 Department of Defense category 6.1 or 6.2.

10 Subtitle B—Program Requirements,

11 Restrictions, and Limitations

12 SEC. 211. COLLABORATIVE PROGRAM TO EVALUATE AND

13 DEMONSTRATE ADVANCED TECHNOLOGIES

14 FOR ADVANCED CAPABILITY COMBAT VEHI15 CLES.

16 (a) ESTABLISHMENT OF PROGRAM.—The Secretary of

17 Defense shall establish and carry out a program to provide

18 for the evaluation and competitive demonstration of con19 cepts for advanced capability combat vehicles for the Army.

20 (b) COVERED PROGRAM.—The program under sub21 section (a) shall be carried out collaboratively pursuant to

22 a memorandum of agreement to be entered into between the

23 Secretary of the Army and the Director of the Defense Ad24 vanced Research Projects Agency. The program shall in25 clude the following activities:
37

•S 1059 EAH

1 (1) Consideration and evaluation of technologies

2 having the potential to enable the development of ad3 vanced capability combat vehicles that are signifi4 cantly superior to the existing M1 series of tanks in

5 terms of capability for combat, survival, support, and

6 deployment, including but not limited to the following

7 technologies:

8 (A) Weapon systems using electromagnetic

9 power, directed energy, and kinetic energy.

10 (B) Propulsion systems using hybrid elec11 tric drive.

12 (C) Mobility systems using active and semi13 active suspension and wheeled vehicle suspension.

14 (D) Protection systems using signature

15 management, lightweight materials, and full16 spectrum active protection.

17 (E) Advanced robotics, displays, man-ma18 chine interfaces, and embedded training.

19 (F) Advanced sensory systems and advanced

20 systems for combat identification, tactical navi21 gation, communication, systems status moni22 toring, and reconnaissance.

23 (G) Revolutionary methods of manufac24 turing combat vehicles.
38

•S 1059 EAH

1 (2) Incorporation of the most promising such

2 technologies into demonstration models.

3 (3) Competitive testing and evaluation of such

4 demonstration models.

5 (4) Identification of the most promising such

6 demonstration models within a period of time to en7 able preparation of a full development program capa8 ble of beginning by fiscal year 2007.

9 (c) REPORT.—Not later than January 31, 2000, the

10 Secretary of the Army and the Director of the Defense Ad11 vanced Research Projects Agency shall submit to the con12 gressional defense committees a joint report on the imple13 mentation of the program under subsection (a). The report

14 shall include the following:

15 (1) A description of the memorandum of agree16 ment referred to in subsection (b).

17 (2) A schedule for the program.

18 (3) An identification of the funding required for

19 fiscal year 2001 and for the future-years defense pro20 gram to carry out the program.

21 (4) A description and assessment of the acquisi22 tion strategy for combat vehicles planned by the Sec23 retary of the Army that would sustain the existing

24 force of M1-series tanks, together with a complete

25 identification of all operation, support, ownership,
39

•S 1059 EAH

1 and other costs required to carry out such strategy

2 through the year 2030.

3 (5) A description and assessment of one or more

4 acquisition strategies for combat vehicles, alternative

5 to the strategy referred to in paragraph (4), that

6 would develop a force of advanced capability combat

7 vehicles significantly superior to the existing force of

8 M1-series tanks and, for each such alternative acqui9 sition strategy, an estimate of the funding required to

10 carry out such strategy.

11 (d) FUNDS.—Of the amount authorized to be appro12 priated for Defense-wide activities by section 201(4) for the

13 Defense Advanced Research Projects Agency, $56,200,000

14 shall be available only to carry out the program under sub15 section (a).

16 SEC. 212. REVISIONS IN MANUFACTURING TECHNOLOGY

17 PROGRAM.

18 (a) ADDITIONAL PURPOSE OF PROGRAM.—Subsection

19 (b) of section 2525 of title 10, United States Code, is

20 amended—

21 (1) by redesignating paragraphs (4) through (8)

22 as paragraphs (5) through (9), respectively; and

23 (2) by inserting after paragraph (3) the fol24 lowing new paragraph:
40

•S 1059 EAH

1 ‘‘(4) to address broad defense-related manufac2 turing inefficiencies and requirements;’’.

3 (b) REPEAL OF COST-SHARE GOAL.—Subsection (d)

4 of such section is amended by striking paragraph (3).

5 SEC. 213. SENSE OF CONGRESS REGARDING DEFENSE

6 SCIENCE AND TECHNOLOGY PROGRAM.

7 (a) FAILURE TO COMPLY WITH FUNDING REQUIRE8 MENTS.—It is the sense of Congress that the Secretary of

9 Defense has failed to comply with the funding objective for

10 the Defense Science and Technology Program, especially the

11 Air Force Science and Technology Program, as required by

12 section 214(a) of the Strom Thurmond National Defense

13 Authorization Act for Fiscal Year 1999 (Public Law 105–

14 261; 112 Stat. 1948), thus jeopardizing the stability of the

15 defense technology base and increasing the risk of failure

16 to maintain technological superiority in future weapons

17 systems.

18 (b) FUNDING REQUIREMENTS.—It is further the sense

19 of Congress that, for each of the fiscal years 2001 through

20 2009, it should be an objective of the Secretary of Defense

21 to increase the budget for the Defense Science and Tech22 nology Program, including the science and technology pro23 gram within each military department, for the fiscal year

24 over the budget for that program for the preceding fiscal

25 year by a percent that is at least two percent above the
41

•S 1059 EAH

1 rate of inflation as determined by the Office of Management

2 and Budget.

3 (c) CERTIFICATION.—If a proposed budget fails to

4 comply with the objective set forth in subsection (b), the

5 President shall certify to Congress that the budget does not

6 jeopardize the stability of the defense technology base or in7 crease the risk of failure to maintain technological superi8 ority in future weapons systems.

9 Subtitle C—Ballistic Missile

10 Defense

11 SEC. 231. ADDITIONAL PROGRAM ELEMENTS FOR BAL12 LISTIC MISSILE DEFENSE PROGRAMS.

13 Section 223(a) of title 10, United States Code, is

14 amended—

15 (1) by redesignating paragraphs (5) through (12)

16 as paragraphs (6) through (13), respectively;

17 (2) by inserting after paragraph (4) the fol18 lowing new paragraph (5):

19 ‘‘(5) Upper Tier.’’; and

20 (3) by adding at the end the following new para21 graphs:

22 ‘‘(14) Space Based Infrared System Low.

23 ‘‘(15) Space Based Infrared System High.’’.
42

•S 1059 EAH

1 Subtitle D—Other Matters

2 SEC. 241. DESIGNATION OF SECRETARY OF THE ARMY AS

3 EXECUTIVE AGENT FOR HIGH ENERGY LASER

4 TECHNOLOGIES.

5 (a) DESIGNATION.—The Secretary of Defense shall des6 ignate the Secretary of the Army as the Department of De7 fense executive agent for oversight of research, development,

8 test, and evaluation of specified high energy laser tech9 nologies.

10 (b) LOCATION FOR CARRYING OUT OVERSIGHT FUNC11 TIONS.—The functions of the Secretary of the Army as such

12 executive agent shall be carried out through the Army Space

13 and Missile Defense Command at the High Energy Laser

14 Systems Test Facility at White Sands Missile Range, New

15 Mexico.

16 (c) FUNCTIONS.—The responsibilities of the Secretary

17 of the Army as such executive agent shall include the fol18 lowing:

19 (1) Developing policy and overseeing the estab20 lishment of, and adherence to, procedures for ensuring

21 that projects of the Department of Defense involving

22 specified high energy laser technologies are initiated

23 and administered effectively.

24 (2) Assessing and making recommendations to

25 the Secretary of Defense regarding the capabilities
43

•S 1059 EAH

1 demonstrated by specified high energy laser tech2 nologies and the potential of such technologies to meet

3 operational military requirements.

4 (d) SPECIFIED HIGH ENERGY LASER TECH5 NOLOGIES.—For purposes of this section, the term ‘‘speci6 fied high energy laser technologies’’ means technologies

7 that—

8 (1) use lasers of one or more kilowatts; and

9 (2) have potential weapons applications.

10 TITLE III—OPERATION AND

11 MAINTENANCE

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

15 Funds are hereby authorized to be appropriated for fis16 cal year 2000 for the use of the Armed Forces and other

17 activities and agencies of the Department of Defense for ex18 penses, not otherwise provided for, for operation and main19 tenance, in amounts as follows:

20 (1) For the Army, $19,476,694,000.

21 (2) For the Navy, $22,785,215,000.

22 (3) For the Marine Corps, $2,777,429,000.

23 (4) For the Air Force, $21,514,958,000.

24 (5) For Defense-wide activities, $10,968,614,000.

25 (6) For the Army Reserve, $1,512,513,000.
44

•S 1059 EAH

1 (7) For the Naval Reserve, $965,847,000.

2 (8) For the Marine Corps Reserve, $137,266,000.

3 (9) For the Air Force Reserve, $1,730,937,000.

4 (10) For the Army National Guard,

5 $3,141,049,000.

6 (11) For the Air National Guard,

7 $3,185,918,000.

8 (12) For the Defense Inspector General,

9 $130,744,000.

10 (13) For the United States Court of Appeals for

11 the Armed Forces, $7,621,000.

12 (14) For Environmental Restoration, Army,

13 $378,170,000.

14 (15) For Environmental Restoration, Navy,

15 $284,000,000.

16 (16) For Environmental Restoration, Air Force,

17 $376,800,000.

18 (17) For Environmental Restoration, Defense19 wide, $25,370,000.

20 (18) For Environmental Restoration, Formerly

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

22 (19) For Overseas Humanitarian, Disaster, and

23 Civic Aid programs, $50,000,000.

24 (20) For Drug Interdiction and Counter-drug

25 Activities, Defense-wide, $811,700,000.
45

•S 1059 EAH

1 (21) For the Kaho’olawe Island Conveyance, Re2 mediation, and Environmental Restoration Trust

3 Fund, $15,000,000.

4 (22) For Defense Health Program,

5 $10,496,687,000.

6 (23) For Cooperative Threat Reduction pro7 grams, $444,100,000.

8 (24) For Overseas Contingency Operations

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

10 (25) For Quality of Life Enhancements,

11 $1,845,370,000.

12 SEC. 302. WORKING CAPITAL FUNDS.

13 Funds are hereby authorized to be appropriated for fis14 cal year 2000 for the use of the Armed Forces and other

15 activities and agencies of the Department of Defense for

16 providing capital for working capital and revolving funds

17 in amounts as follows:

18 (1) For the Defense Working Capital Funds,

19 $90,344,000.

20 (2) For the National Defense Sealift Fund,

21 $434,700,000.

22 SEC. 303. ARMED FORCES RETIREMENT HOME.

23 There is hereby authorized to be appropriated for fiscal

24 year 2000 from the Armed Forces Retirement Home Trust

25 Fund the sum of $68,295,000 for the operation of the Armed
46

•S 1059 EAH

1 Forces Retirement Home, including the United States Sol2 diers’ and Airmen’s Home and the Naval Home.

3 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE

4 TRANSACTION FUND.

5 (a) TRANSFER AUTHORITY.—To the extent provided in

6 appropriations Acts, not more than $150,000,000 is author7 ized to be transferred from the National Defense Stockpile

8 Transaction Fund to operation and maintenance accounts

9 for fiscal year 2000 in amounts as follows:

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

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

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

13 (b) TREATMENT OF TRANSFERS.—Amounts trans14 ferred under this section—

15 (1) shall be merged with, and be available for the

16 same purposes and the same period as, the amounts

17 in the accounts to which transferred; and

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

19 been denied authorization of appropriations by Con20 gress.

21 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR22 ITY.—The transfer authority provided in this section is in

23 addition to the transfer authority provided in section 1001.
47

•S 1059 EAH

1 SEC. 305. TRANSFER TO DEFENSE WORKING CAPITAL

2 FUNDS TO SUPPORT DEFENSE COMMISSARY

3 AGENCY.

4 (a) ARMY OPERATION AND MAINTENANCE FUNDS.—

5 The Secretary of the Army shall transfer $346,154,000 of

6 the amount authorized to be appropriated by section 301(1)

7 for operation and maintenance for the Army to the Defense

8 Working Capital Funds for the purpose of funding oper9 ations of the Defense Commissary Agency.

10 (b) NAVY OPERATION AND MAINTENANCE FUNDS.—

11 The Secretary of the Navy shall transfer $263,070,000 of

12 the amount authorized to be appropriated by section 301(2)

13 for operation and maintenance for the Navy to the Defense

14 Working Capital Funds for the purpose of funding oper15 ations of the Defense Commissary Agency.

16 (c) MARINE CORPS OPERATION AND MAINTENANCE

17 FUNDS.—The Secretary of the Navy shall transfer

18 $90,834,000 of the amount authorized to be appropriated

19 by section 301(3) for operation and maintenance for the

20 Marine Corps to the Defense Working Capital Funds for

21 the purpose of funding operations of the Defense Com22 missary Agency.

23 (d) AIR FORCE OPERATION AND MAINTENANCE

24 FUNDS.—The Secretary of the Air Force shall transfer

25 $309,061,000 of the amount authorized to be appropriated

26 by section 301(4) for operation and maintenance for the
48

•S 1059 EAH

1 Air Force to the Defense Working Capital Funds for the

2 purpose of funding operations of the Defense Commissary

3 Agency.

4 (e) TREATMENT OF TRANSFERS.—Amounts trans5 ferred under this section—

6 (1) shall be merged with, and be available for the

7 same purposes and the same period as, other amounts

8 in the Defense Working Capital Funds available for

9 the purpose of funding operations of the Defense Com10 missary Agency; and

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

12 been denied authorization of appropriations by Con13 gress.

14 (f) RELATIONSHIP TO OTHER TRANSFER AUTHOR15 ITY.—The transfers required by this section are in addition

16 to the transfer authority provided in section 1001.

17 Subtitle B—Program Requirements,

18 Restrictions, and Limitations

19 SEC. 311. REIMBURSEMENT OF NAVY EXCHANGE SERVICE

20 COMMAND FOR RELOCATION EXPENSES.

21 Of the amount authorized to be appropriated by sec22 tion 301(5) for operation and maintenance for Defense-wide

23 activities, $8,700,000 shall be available to the Secretary of

24 Defense for the purpose of reimbursing the Navy Exchange

25 Service Command for costs incurred by the Navy Exchange
49

•S 1059 EAH

1 Service Command, and ultimately paid by the Navy Ex2 change Service Command using nonappropriated funds, to

3 relocate to Virginia Beach, Virginia, and to lease head4 quarters space in Virginia Beach.

5 SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS

6 OF THE 82ND AIRBORNE DIVISION.

7 Of the amount authorized to be appropriated by sec8 tion 301(1) for operation and maintenance for the Army,

9 $5,500,000 shall be available to the Secretary of the Army

10 for the purpose of replacing nonsecure tactical radios used

11 by the 82nd Airborne Division with radios, such as models

12 AN/PRC–138 and AN/PRC–148, identified as being capa13 ble of fulfilling mission requirements.

14 SEC. 313. OPERATION AND MAINTENANCE OF AIR FORCE

15 SPACE LAUNCH FACILITIES.

16 (a) ADDITIONAL AUTHORIZATION.—In addition to the

17 funds otherwise authorized in this Act for the operation and

18 maintenance of the space launch facilities of the Depart19 ment of the Air Force, there is hereby authorized to be ap20 propriated $7,300,000 for space launch operations at such

21 launch facilities.

22 (b) CORRESPONDING REDUCTION.—The amount au23 thorized to be appropriated in section 301(4) for operation

24 and maintenance for the Air Force is hereby reduced by

25 $7,300,000, to be derived from other service-wide activities.
50

•S 1059 EAH

1 (c) STUDY OF SPACE LAUNCH RANGES AND REQUIRE2 MENTS.—(1) The Secretary of Defense shall conduct a

3 study—

4 (A) to access anticipated military, civil, and

5 commercial space launch requirements;

6 (B) to examine the technical shortcomings at the

7 space launch ranges;

8 (C) to evaluate oversight arrangements at the

9 space launch ranges; and

10 (D) to estimate future funding requirements for

11 space launch ranges capable of meeting both national

12 security space launch needs and civil and commercial

13 space launch needs.

14 (2) The Secretary shall conduct the study using the

15 Defense Science Board of the Department of Defense.

16 (3) Not later than February 15, 2000, the Secretary

17 shall submit to the congressional defense committees a re18 port containing the results of the study.

19 Subtitle C—Environmental

20 Provisions

21 SEC. 321. REMEDIATION OF ASBESTOS AND LEAD-BASED

22 PAINT.

23 (a) USE OF CERTAIN CONTRACTS.—The Secretary of

24 Defense shall use Army Corps of Engineers indefinite deliv25 ery, indefinite quantity contracts for the remediation of as-
51

•S 1059 EAH

1 bestos and lead-based paint at military installations within

2 the United States in accordance with all applicable Federal

3 and State laws and Department of Defense regulations.

4 (b) WAIVER AUTHORITY.—The Secretary of Defense

5 may waive subsection (a) with regard to a military instal6 lation that requires asbestos or lead-based paint remedi7 ation if the military installation is not included in an

8 Army Corps of Engineers indefinite delivery, indefinite

9 quantity contract. The Secretary shall grant any such waiv10 er on a case-by-case basis.

11 Subtitle D—Performance of

12 Functions by Private-Sector Sources

13 SEC. 331. EXPANSION OF ANNUAL REPORT ON CON14 TRACTING FOR COMMERCIAL AND INDUS15 TRIAL TYPE FUNCTIONS.

16 Section 2461(g) of title 10, United States Code, is

17 amended—

18 (1) by inserting ‘‘(1)’’ before the first sentence;

19 (2) in the second sentence, by striking ‘‘The Sec20 retary shall’’ and inserting the following:

21 ‘‘(3) The Secretary shall also’’; and

22 (3) by inserting after the first sentence the fol23 lowing new paragraph:

24 ‘‘(2) The Secretary shall include in each such report

25 a summary of the number of work year equivalents per-
52

•S 1059 EAH

1 formed by employees of private contractors in providing

2 services to the Department (including both direct and indi3 rect labor attributable to the provision of the services) and

4 the total value of the contracted services. The work year

5 equivalents and total value of the services shall be cat6 egorized by Federal supply class or service code (using the

7 first character of the code), the appropriation from which

8 the services were funded, and the major organizational ele9 ment of the Department procuring the services.’’.

10 SEC. 332. CONGRESSIONAL NOTIFICATION OF A–76 COST

11 COMPARISON WAIVERS.

12 (a) NOTIFICATION REQUIRED.—Section 2467 of title

13 10, United States Code, is amended by adding at the end

14 the following new subsection:

15 ‘‘(c) CONGRESSIONAL NOTIFICATION OF COST COM16 PARISON WAIVER.—(1) Not later than 10 days after a deci17 sion is made to waive the cost comparison study otherwise

18 required under Office of Management and Budget Circular

19 A–76 as part of the process to convert to contractor perform20 ance any commercial activity of the Department of Defense,

21 the Secretary of Defense shall submit to Congress a report

22 describing the commercial activity subject to the waiver and

23 the rationale for the waiver.

24 ‘‘(2) The report shall also include the following:
53

•S 1059 EAH

1 ‘‘(A) The total number of civilian employees or

2 military personnel adversely affected by the decision

3 to waive the cost comparison study and convert the

4 commercial activity to contractor performance.

5 ‘‘(B) An explanation of whether the contractor

6 was selected, or will be selected, on a competitive basis

7 or sole source basis.

8 ‘‘(C) The anticipated savings to result from the

9 waiver and resulting conversion to contractor per10 formance.’’.

11 (b) CLERICAL AMENDMENTS.—(1) The heading of such

12 section is amended to read as follows:

13 ‘‘§ 2467. Cost comparisons: inclusion of retirement

14 costs; consultation with employees; waiver

15 of comparison’’.

16 (2) The table of sections at the beginning of chapter

17 146 of such title is amended by striking the item relating

18 to section 2467 and inserting the following new item:

‘‘2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison.’’.

19 SEC. 333. IMPROVED EVALUATION OF LOCAL ECONOMIC EF20 FECT OF CHANGING DEFENSE FUNCTIONS TO

21 PRIVATE SECTOR PERFORMANCE.

22 Section 2461(b)(3)(B) of title 10, United States Code,

23 is amended by striking clause (ii) and inserting the fol24 lowing new clause (ii):
54

•S 1059 EAH

1 ‘‘(ii) The local community and the local

2 economy, identifying and taking into consider3 ation any unique circumstances affecting the

4 local community or the local economy, if more

5 than 50 employees of the Department of Defense

6 perform the function.’’.

7 SEC. 334. ANNUAL REPORTS ON EXPENDITURES FOR PER8 FORMANCE OF DEPOT-LEVEL MAINTENANCE

9 AND REPAIR WORKLOADS BY PUBLIC AND

10 PRIVATE SECTORS.

11 Subsection (e) of section 2466 of title 10, United States

12 Code, is amended to read as follows:

13 ‘‘(e) ANNUAL REPORTS.—(1) Not later than February

14 1 of each year, the Secretary of Defense shall submit to Con15 gress a report identifying, for each of the armed forces (other

16 than the Coast Guard) and each Defense Agency, the per17 centage of the funds referred to in subsection (a) that were

18 expended during the preceding two fiscal years for perform19 ance of depot-level maintenance and repair workloads by

20 the public and private sectors, as required by this section.

21 ‘‘(2) Not later than April 1 of each year, the Secretary

22 of Defense shall submit to Congress a report identifying,

23 for each of the armed forces (other than the Coast Guard)

24 and each Defense Agency, the percentage of the funds re25 ferred to in subsection (a) that are projected to be expended
55

•S 1059 EAH

1 during each of the next five fiscal years for performance

2 of depot-level maintenance and repair workloads by the

3 public and private sectors, as required by this section.

4 ‘‘(3) Not later than 60 days after the date on which

5 the Secretary submits a report under this subsection, the

6 Comptroller General shall submit to Congress the Comp7 troller General’s views on whether—

8 ‘‘(A) in the case of a report under paragraph

9 (1), the Department of Defense has complied with the

10 requirements of subsection (a) for the fiscal years cov11 ered by the report; and

12 ‘‘(B) in the case of a report under paragraph

13 (2), the expenditure projections for future fiscal years

14 are reasonable.’’.

15 SEC. 335. APPLICABILITY OF COMPETITION REQUIREMENT

16 IN CONTRACTING OUT WORKLOADS PER17 FORMED BY DEPOT-LEVEL ACTIVITIES OF DE18 PARTMENT OF DEFENSE.

19 Section 2469(b) of title 10, United States Code, is

20 amended by inserting ‘‘(including the cost of labor and ma21 terials)’’ after ‘‘$3,000,000’’.
56

•S 1059 EAH

1 SEC. 336. TREATMENT OF PUBLIC SECTOR WINNING BID2 DERS FOR CONTRACTS FOR PERFORMANCE

3 OF DEPOT-LEVEL MAINTENANCE AND REPAIR

4 WORKLOADS FORMERLY PERFORMED AT CER5 TAIN MILITARY INSTALLATIONS.

6 Section 2469a of title 10, United States Code, is

7 amended by adding at the end the following new subsection:

8 ‘‘(i) OVERSIGHT OF CONTRACTS AWARDED PUBLIC

9 ENTITIES.—The Secretary of Defense or the Secretary con10 cerned may not impose on a public sector entity awarded

11 a contract for the performance of any depot-level mainte12 nance and repair workload described in subsection (b) any

13 requirements regarding management systems, reviews, over14 sight, or reporting different from the requirements used in

15 the performance and management of other depot-level main16 tenance and repair workloads by the entity, unless specifi17 cally provided in the solicitation for the contract.’’.

18 SEC. 337. PROCESS FOR MODERNIZATION OF COMPUTER

19 SYSTEMS AT ARMY COMPUTER CENTERS.

20 (a) COVERED ARMY COMPUTER CENTERS.—This sec21 tion applies with respect to the following computer centers

22 of the of the Army Communications Electronics Command

23 of the Army Material Command:

24 (1) Logistics Systems Support Center in St.

25 Louis, Missouri.
57

•S 1059 EAH

1 (2) Industrial Logistics System Center in Cham2 bersburg, Pennsylvania.

3 (b) DEVELOPMENT OF MOST EFFICIENT ORGANIZA4 TION.—Before selecting any entity to develop and imple5 ment a new computer system for the Army Material Com6 mand to perform the functions currently performed by the

7 Army computer centers specified in subsection (a), the Sec8 retary of the Army shall provide the computer centers with

9 an opportunity to establish their most efficient organiza10 tion. The most efficient organization shall be in place not

11 later than May 31, 2001.

12 (c) MODERNIZATION PROCESS.—After the most effi13 cient organization is in place at the Army computer centers

14 specified in subsection (a), civilian employees of the Depart15 ment of Defense at these centers shall work in partnership

16 with the entity selected to develop and implement a new

17 computer system to perform the functions currently per18 formed by these centers to—

19 (1) ensure that the current computer system re20 mains operational to meet the needs of the Army Ma21 terial Command until the replacement computer sys22 tem is fully operational and successfully evaluated;

23 and
58

•S 1059 EAH

1 (2) to provide transition assistance to the entity

2 for the duration of the transition from the current

3 computer system to the replacement computer system.

4 SEC. 338. EVALUATION OF TOTAL SYSTEM PERFORMANCE

5 RESPONSIBILITY PROGRAM.

6 (a) REPORT REQUIRED.—Not later than February 1,

7 2000, the Secretary of the Air Force shall submit to Con8 gress a report identifying all Air Force programs that—

9 (1) are currently managed under the Total Sys10 tem Performance Responsibility Program or similar

11 programs; or

12 (2) are presently planned to be managed using

13 the Total System Performance Responsibility Pro14 gram or a similar program.

15 (b) EVALUATION.—As part of the report required by

16 subsection (a), the Secretary of the Air Force shall include

17 an evaluation of the following:

18 (1) The manner in which the Total System Per19 formance Responsibility Program and similar pro20 grams support the readiness and warfighting capa21 bility of the Armed Forces and complement the sup22 port of the logistics depots.

23 (2) The effect of the Total System Performance

24 Responsibility Program and similar programs on the
59

•S 1059 EAH

1 long-term viability of core Government logistics man2 agement skills.

3 (3) The process and criteria used by the Air

4 Force to determine whether or not Government em5 ployees can perform sustainment management func6 tions more cost effectively than the private sector.

7 (c) COMPTROLLER GENERAL REVIEW.—Not later than

8 30 days after the date on which the report required by sub9 section (a) is submitted to Congress, the Comptroller Gen10 eral shall review the report and submit to Congress a brief11 ing evaluating the report.

12 SEC. 339. IDENTIFICATION OF CORE LOGISTICS CAPABILITY

13 REQUIREMENTS FOR MAINTENANCE AND RE14 PAIR OF C–17 AIRCRAFT.

15 (a) IDENTIFICATION REPORT REQUIRED.—Building

16 upon the plan required by section 351 of the Strom Thur17 mond National Defense Authorization Act for Fiscal Year

18 1999 (Public Law 105–261), the Secretary of the Air Force

19 shall submit to Congress a report identifying the core logis20 tics capability requirements for depot-level maintenance

21 and repair for the C–17 aircraft. To identify such require22 ments, the Secretary shall comply with section 2464 of title

23 10, United States Code. The Secretary shall submit the re24 port to Congress not later than February 1, 2000.
60

•S 1059 EAH

1 (b) EFFECT ON EXISTING CONTRACT.—After February

2 1, 2000, the Secretary of the Air Force may not extend the

3 Interim Contract for the C–17 Flexible Sustainment Pro4 gram before the end of the 60-day period beginning on the

5 date on which the report required by subsection (a) is re6 ceived by Congress.

7 (c) COMPTROLLER GENERAL REVIEW.—During the pe8 riod specified in subsection (b), the Comptroller General

9 shall review the report submitted under subsection (a) and

10 submit to Congress a report evaluating the following:

11 (1) The merits of the report submitted under sub12 section (a).

13 (2) The extent to which the Air Force is relying

14 on systems for core logistics capability where the

15 workload of Government-owned and Government-oper16 ated depots is phasing down because the systems are

17 phasing out of the inventory.

18 (3) The cost effectiveness of the C-17 Flexible

19 Sustainment Program—

20 (A) by identifying depot maintenance and

21 materiel costs for contractor support; and

22 (B) by comparing those costs to the costs

23 originally estimated by the Air Force and to the

24 cost of similar work in an Air Force Logistics

25 Center.
61

•S 1059 EAH

1 Subtitle E—Defense Dependents

2 Education

3 SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

4 THAT BENEFIT DEPENDENTS OF MEMBERS

5 OF THE ARMED FORCES AND DEPARTMENT

6 OF DEFENSE CIVILIAN EMPLOYEES.

7 (a) MODIFIED DEPARTMENT OF DEFENSE PROGRAM

8 FOR FISCAL YEAR 2000.—Of the amount authorized to be

9 appropriated by section 301(5) for operation and mainte10 nance for Defense-wide activities, $35,000,000 shall be

11 available only for the purpose of providing educational

12 agencies assistance (as defined in subsection (d)(1)) to local

13 educational agencies.

14 (b) NOTIFICATION.—Not later than June 30, 2000, the

15 Secretary of Defense shall notify each local educational

16 agency that is eligible for educational agencies assistance

17 for fiscal year 2000 of—

18 (1) that agency’s eligibility for educational agen19 cies assistance; and

20 (2) the amount of the educational agencies assist21 ance for which that agency is eligible.

22 (c) DISBURSEMENT OF FUNDS.—The Secretary of De23 fense shall disburse funds made available under subsection

24 (a) not later than 30 days after the date on which notifica-
62

•S 1059 EAH

1 tion to the eligible local educational agencies is provided

2 pursuant to subsection (b).

3 (d) DEFINITIONS.—In this section:

4 (1) The term ‘‘educational agencies assistance’’

5 means assistance authorized under section 386(b) of

6 the National Defense Authorization Act for Fiscal

7 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

8 note).

9 (2) The term ‘‘local educational agency’’ has the

10 meaning given that term in section 8013(9) of the El11 ementary and Secondary Education Act of 1965 (20

12 U.S.C. 7713(9)).

13 (e) DETERMINATION OF ELIGIBLE LOCAL EDU14 CATIONAL AGENCIES.—Section 386(c)(1) of the National

15 Defense Authorization Act for Fiscal Year 1993 (Public

16 Law 102–484; 20 U.S.C. 7703 note) is amended by striking

17 ‘‘in that fiscal year are’’ and inserting ‘‘during the pre18 ceding school year were’’.

19 SEC. 342. CONTINUATION OF ENROLLMENT AT DEPART20 MENT OF DEFENSE DOMESTIC DEPENDENT

21 ELEMENTARY AND SECONDARY SCHOOLS.

22 Section 2164 of title 10, United States Code, is

23 amended—

24 (1) in subsection (c), by striking paragraph (3);

25 and
63

•S 1059 EAH

1 (2) by adding at the end the following new sub2 section:

3 ‘‘(h) CONTINUATION OF ENROLLMENT DESPITE

4 CHANGE IN STATUS.—(1) A dependent of a member of the

5 armed forces or a dependent of a Federal employee may

6 continue enrollment in an educational program provided

7 by the Secretary of Defense pursuant to subsection (a) for

8 the remainder of a school year notwithstanding a change

9 during such school year in the status of the member or Fed10 eral employee that, except for this paragraph, would other11 wise terminate the eligibility of the dependent to be enrolled

12 in the program.

13 ‘‘(2) A dependent of a member of the armed forces, or

14 a dependent of a Federal employee, who was enrolled in

15 an educational program provided by the Secretary pursu16 ant to subsection (a) while a junior in that program may

17 be enrolled as a senior in that program in the next school

18 year, notwithstanding a change in the enrollment eligibility

19 status of the dependent that, except for this paragraph,

20 would otherwise terminate the eligibility of the dependent

21 to be enrolled in the program.

22 ‘‘(3) Paragraphs (1) and (2) do not limit the authority

23 of the Secretary to remove a dependent from enrollment in

24 an educational program provided by the Secretary pursu-
64

•S 1059 EAH

1 ant to subsection (a) at any time for good cause determined

2 by the Secretary.’’.

3 SEC. 343. TECHNICAL AMENDMENTS TO DEFENSE DEPEND4 ENTS’ EDUCATION ACT OF 1978.

5 The Defense Dependents’ Education Act of 1978 (title

6 XIV of Public Law 95–561) is amended as follows:

7 (1) Section 1402(b)(1) (20 U.S.C. 921(b)(1)) is

8 amended by striking ‘‘recieve’’ and inserting ‘‘re9 ceive’’.

10 (2) Section 1403 (20 U.S.C. 922) is amended—

11 (A) by striking the matter in that section

12 preceding subsection (b) and inserting the fol13 lowing:

14 ‘‘ADMINISTRATION OF DEFENSE DEPENDENTS’ EDUCATION

15 SYSTEM

16 ‘‘SEC. 1403. (a) The defense dependents’ education sys17 tem is operated through the field activity of the Department

18 of Defense known as the Department of Defense Education

19 Activity. That activity is headed by a Director, who is a

20 civilian and is selected by the Secretary of Defense. The Di21 rector reports to an Assistant Secretary of Defense des22 ignated by the Secretary of Defense for purposes of this

23 title.’’;

24 (B) in subsection (b), by striking ‘‘this Act’’

25 and inserting ‘‘this title’’;
65

•S 1059 EAH

1 (C) in subsection (c)(1), by inserting ‘‘(20

2 U.S.C. 901 et seq.)’’ after ‘‘Personnel Practices

3 Act’’;

4 (D) in subsection (c)(2), by striking the pe5 riod at the end and inserting a comma;

6 (E) in subsection (c)(6), by striking ‘‘Assist7 ant Secretary of Defense for Manpower, Reserve

8 Affairs, and Logistics’’ and inserting ‘‘the Assist9 ant Secretary of Defense designated under sub10 section (a)’’;

11 (F) in subsection (d)(1), by striking ‘‘for the

12 Office of Dependents’ Education’’;

13 (G) in subsection (d)(2)—

14 (i) by striking the first sentence;

15 (ii) by striking ‘‘Whenever the Office of

16 Dependents’ Education’’ and inserting

17 ‘‘Whenever the Department of Defense Edu18 cation Activity’’;

19 (iii) by striking ‘‘after the submission

20 of the report required under the preceding

21 sentence’’ and inserting ‘‘in a manner that

22 affects the defense dependents’ education

23 system’’; and

24 (iv) by striking ‘‘an additional report’’

25 and inserting ‘‘a report’’; and
66

•S 1059 EAH

1 (H) in subsection (d)(3), by striking ‘‘the

2 Office of Dependents’ Education’’ and inserting

3 ‘‘the Department of Defense Education Activity’’.

4 (3) Section 1409 (20 U.S.C. 927) is amended—

5 (A) in subsection (b), by striking ‘‘Depart6 ment of Health, Education, and Welfare in ac7 cordance with section 431 of the General Edu8 cation Provisions Act’’ and inserting ‘‘Secretary

9 of Education in accordance with section 437 of

10 the General Education Provisions Act (20 U.S.C.

11 1232)’’;

12 (B) in subsection (c)(1), by striking ‘‘by

13 academic year 1993–1994’’; and

14 (C) in subsection (c)(3)—

15 (i) by striking ‘‘IMPLEMENTATION

16 TIMELINES.—In carrying out’’ and all that

17 follows through ‘‘a comprehensive’’ and in18 serting ‘‘IMPLEMENTATION.—In carrying

19 out paragraph (2), the Secretary shall have

20 in effect a comprehensive’’;

21 (ii) by striking the semicolon after

22 ‘‘such individuals’’ and inserting a period;

23 and

24 (iii) by striking subparagraphs (B)

25 and (C).
67

•S 1059 EAH

1 (4) Section 1411(d) (20 U.S.C. 929(d)) is

2 amended by striking ‘‘grade GS–18 in section 5332 of

3 title 5, United States Code’’ and inserting ‘‘level IV

4 of the Executive Schedule under section 5315 of title

5 5, United States Code’’.

6 (5) Section 1412 (20 U.S.C. 930) is amended—

7 (A) in subsection (a)(1)—

8 (i) by striking ‘‘As soon as’’ and all

9 that follows through ‘‘shall provide for’’ and

10 inserting ‘‘The Director may from time to

11 time, but not more frequently than once a

12 year, provide for’’; and

13 (ii) by striking ‘‘system, which’’ and

14 inserting ‘‘system. Any such study’’;

15 (B) in subsection (a)(2)—

16 (i) by striking ‘‘The study required by

17 this subsection’’ and inserting ‘‘Any study

18 under paragraph (1)’’; and

19 (ii) by striking ‘‘not later than two

20 years after the effective date of this title’’;

21 (C) in subsection (b), by striking ‘‘the

22 study’’ and inserting ‘‘any study’’;

23 (D) in subsection (c)—
68

•S 1059 EAH

1 (i) by striking ‘‘not later than one year

2 after the effective date of this title the re3 port’’ and inserting ‘‘any report’’; and

4 (ii) by striking ‘‘the study’’ and insert5 ing ‘‘a study’’; and

6 (E) by striking subsection (d).

7 (6) Section 1413 (20 U.S.C. 931) is amended by

8 striking ‘‘Not later than 180 days after the effective

9 date of this title, the’’ and inserting ‘‘The’’.

10 (7) Section 1414 (20 U.S.C. 932) is amended by

11 adding at the end the following new paragraph:

12 ‘‘(6) The term ‘Director’ means the Director of

13 the Department of Defense Education Activity.’’.

14 Subtitle F—Military Readiness

15 Issues

16 SEC. 351. INDEPENDENT STUDY OF DEPARTMENT OF DE17 FENSE SECONDARY INVENTORY AND PARTS

18 SHORTAGES.

19 (a) INDEPENDENT STUDY REQUIRED.—In accordance

20 with this section, the Secretary of Defense shall provide for

21 an independent study of—

22 (1) current levels of Department of Defense in23 ventories of spare parts and other supplies, known as

24 secondary inventory items, including wholesale and

25 retail inventories; and
69

•S 1059 EAH

1 (2) reports and evidence of Department of De2 fense inventory shortages adversely affecting readi3 ness.

4 (b) PERFORMANCE BY INDEPENDENT ENTITY.—To

5 conduct the study under this section, the Secretary of De6 fense shall select a private sector entity or other entity out7 side the Department of Defense that has experience in parts

8 and secondary inventory management.

9 (c) MATTERS TO BE INCLUDED IN STUDY.—The Sec10 retary of Defense shall require the entity conducting the

11 study under this section to specifically evaluate the fol12 lowing:

13 (1) How much of the secondary inventory re14 tained by the Department of Defense for economic,

15 contingency, and potential reutilization during the

16 five-year period ending December 31, 1998, was actu17 ally used during each year of the period.

18 (2) How much of the retained secondary inven19 tory currently held by the Department could be de20 clared to be excess.

21 (3) Alternative methods for the disposal or other

22 disposition of excess inventory and the cost to the De23 partment to dispose of excess inventory under each al24 ternative.
70

•S 1059 EAH

1 (4) The total cost per year of storing secondary

2 inventory, to be determined using traditional private

3 sector cost calculation models.

4 (d) TIMETABLE FOR ELIMINATION OF EXCESS INVEN5 TORY.—As part of the consideration of alternative methods

6 to dispose of excess secondary inventory, as required by sub7 section (c)(3), the entity conducting the study under this

8 section shall prepare a timetable for disposal of the excess

9 inventory over a period of time not to exceed three years.

10 (e) REPORT ON RESULTS OF STUDY.—The Secretary

11 of Defense shall require the entity conducting the study

12 under this section to submit to the Secretary and to the

13 Comptroller General a report containing the results of the

14 study, including the entity’s findings and conclusions con15 cerning each of the matters specified in subsection (c), and

16 the disposal timetable required by subsection (d). The entity

17 shall submit the report at such time as to permit the Sec18 retary to comply with subsection (f).

19 (f) REVIEW AND COMMENTS OF THE SECRETARY OF

20 DEFENSE.—Not later than September 1, 2000, the Sec21 retary of Defense shall submit to Congress a report con22 taining the following:

23 (1) The report submitted under subsection (d),

24 together with the Secretary’s comments and rec25 ommendations regarding the report.
71

•S 1059 EAH

1 (2) A plan to address the issues of excess and ex2 cessive inactive inventory and part shortages and a

3 timetable to implement the plan throughout the De4 partment.

5 (g) GAO EVALUATION.—Not later than 180 days after

6 the Secretary of Defense submits to Congress the report

7 under subsection (f), the Comptroller General shall submit

8 to Congress an evaluation of the report submitted by the

9 independent entity under subsection (e) and the report sub10 mitted by the Secretary under subsection (f).

11 SEC. 352. INDEPENDENT STUDY OF ADEQUACY OF DEPART12 MENT RESTRUCTURED SUSTAINMENT AND

13 REENGINEERED LOGISTICS PRODUCT SUP14 PORT PRACTICES.

15 (a) INDEPENDENT STUDY REQUIRED.—In accordance

16 with this section, the Secretary of Defense shall provide for

17 an independent study of restructured sustainment and re18 engineered logistics product support practices within the

19 Department of Defense, which are designed to provide spare

20 parts and other supplies to military units and installations

21 as needed during a transition to war fighting rather than

22 relying on large stockpiles of such spare parts and supplies.

23 The purpose of the study is to determine whether restruc24 tured sustainment and reengineered logistics product sup25 port practices would be able to provide adequate
72

•S 1059 EAH

1 sustainment supplies to military units and installations

2 should it ever be necessary to execute the National Military

3 Strategy prescribed by the Chairman of the Joint Chiefs

4 of Staff.

5 (b) PERFORMANCE BY INDEPENDENT ENTITY.—The

6 Secretary of Defense shall select an experienced private sec7 tor entity or other entity outside the Department of Defense

8 to conduct the study under this section.

9 (c) MATTERS TO BE INCLUDED IN STUDY.—The Sec10 retary of Defense shall require the entity conducting the

11 study under this section to specifically evaluate (and rec12 ommend improvements in) the following:

13 (1) The assumptions that are used to determine

14 required levels of war reserve and prepositioned

15 stocks.

16 (2) The adequacy of supplies projected to be

17 available to support the fighting of two, nearly simul18 taneous, major theater wars, as required by the Na19 tional Military Strategy.

20 (3) The expected availability through the na21 tional technology and industrial base of spare parts

22 and supplies not readily available in the Department

23 inventories, such as parts for aging equipment that

24 no longer have active vendor support.
73

•S 1059 EAH

1 (d) REPORT ON RESULTS OF STUDY.—The Secretary

2 of Defense shall require the entity conducting the study

3 under this section to submit to the Secretary and to the

4 Comptroller General a report containing the results of the

5 study, including the entity’s findings, conclusions, and rec6 ommendations concerning each of the matters specified in

7 subsection (c). The entity shall submit the report at such

8 time as to permit the Secretary to comply with subsection

9 (e).

10 (e) REVIEW AND COMMENTS OF THE SECRETARY OF

11 DEFENSE.—Not later than March 1, 2000, the Secretary

12 of Defense shall submit to Congress a report containing the

13 report submitted under subsection (d), together with the

14 Secretary’s comments and recommendations regarding the

15 report.

16 (f) GAO EVALUATION.—Not later than 180 days after

17 the Secretary of Defense submits to Congress the report

18 under subsection (e), the Comptroller General shall submit

19 to Congress an evaluation of the report submitted by the

20 independent entity under subsection (d) and the report sub21 mitted by the Secretary under subsection (e).

22 SEC. 353. INDEPENDENT STUDY OF MILITARY READINESS

23 REPORTING SYSTEM.

24 (a) INDEPENDENT STUDY REQUIRED.—(1) The Sec25 retary of Defense shall provide for an independent study
74

•S 1059 EAH

1 of requirements for a comprehensive readiness reporting

2 system for the Department of Defense as provided in section

3 117 of title 10, United States Code (as added by section

4 373 of the Strom Thurmond National Defense Authoriza5 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

6 Stat. 1990).

7 (2) The Secretary shall provide for the study to be con8 ducted by the Rand Corporation. The amount of a contract

9 for the study may not exceed $1,000,000.

10 (3) The Secretary shall require that all components of

11 the Department of Defense cooperate fully with the organi12 zation carrying out the study.

13 (b) MATTERS TO BE INCLUDED IN STUDY.—The Sec14 retary shall require that the organization conducting the

15 study under this section specifically consider the require16 ments for providing an objective, accurate, and timely read17 iness reporting system for the Department of Defense meet18 ing the characteristics and having the capabilities estab19 lished in section 373 of the Strom Thurmond National De20 fense Authorization Act for Fiscal Year 1999.

21 (c) REPORT.—(1) The Secretary of Defense shall re22 quire the organization conducting the study under this sec23 tion to submit to the Secretary a report on the study not

24 later than March 1, 2000. The organization shall include
75

•S 1059 EAH

1 in the report its findings and conclusions concerning each

2 of the matters specified in subsection (b).

3 (2) The Secretary shall submit the report under para4 graph (1), together with the Secretary’s comments on the

5 report, to Congress not later than April 1, 2000.

6 SEC. 354. REVIEW OF REAL PROPERTY MAINTENANCE AND

7 ITS EFFECT ON READINESS.

8 (a) REVIEW REQUIRED.—The Secretary of Defense

9 shall conduct a review of the impact that the consistent lack

10 of adequate funding for real property maintenance of mili11 tary installations during the five-year period ending De12 cember 31, 1998, has had on readiness, the quality of life

13 of members of the Armed Forces and their dependents, and

14 the infrastructure on military installations.

15 (b) MATTERS TO BE INCLUDED IN REVIEW.—In con16 ducting the review under this section, the Secretary of De17 fense shall specifically consider the following for the Army,

18 Navy, Marine Corps, and Air Force:

19 (1) For each year of the covered five-year period,

20 the extent to which unit training and operating funds

21 were diverted to meet basic base operations and real

22 property maintenance needs.

23 (2) The types of training delayed, canceled, or

24 curtailed as a result of the diversion of such funds.
76

•S 1059 EAH

1 (3) The level of funding required to eliminate the

2 real property maintenance backlog at military instal3 lations so that facilities meet the standards necessary

4 for optimum utilization during times of mobilization.

5 (c) PARTICIPATION OF INDEPENDENT ENTITY.—(1) As

6 part of the review conducted under this section, Secretary

7 of Defense shall select an independent entity—

8 (A) to review the method of command and man9 agement of military installations for the Army, Navy,

10 Marine Corps, and Air Force;

11 (B) to develop, based on such review, a service12 specific plan for the optimum command structure for

13 military installations, to have major command status,

14 which is designed to enhance the development of in15 stallations doctrine, privatization and outsourcing,

16 commercial activities, environmental compliance pro17 grams, installation restoration, and military con18 struction; and

19 (C) to recommend a timetable for the implemen20 tation of the plan for each service.

21 (2) The Secretary of Defense shall select an experienced

22 private sector entity or other entity outside the Department

23 of Defense to carry out this subsection.

24 (d) REPORT REQUIRED.—Not later than March 1,

25 2000, the Secretary of Defense shall submit to Congress a
77

•S 1059 EAH

1 report containing the results of the review required under

2 this section and the plan for an optimum command struc3 ture required by subsection (c), together with the Secretary’s

4 comments and recommendations regarding the plan.

5 SEC. 355. ESTABLISHMENT OF LOGISTICS STANDARDS FOR

6 SUSTAINED MILITARY OPERATIONS.

7 (a) ESTABLISHMENT OF STANDARDS.—The Secretary

8 of Defense, in consultation with senior military com9 manders and the Secretaries of the military departments,

10 shall establish standards for deployable units of the Armed

11 Forces regarding—

12 (1) the level of spare parts that the units must

13 have on hand; and

14 (2) similar logistics and sustainment needs of the

15 units.

16 (b) BASIS FOR STANDARDS.—The standards to be es17 tablished under subsection (a) shall be based upon the fol18 lowing:

19 (1) The unit’s wartime mission, as reflected in

20 the war-fighting plans of the relevant combatant com21 manders.

22 (2) An assessment of the likely requirement for

23 sustained operations under each such war-fighting

24 plan.
78

•S 1059 EAH

1 (3) An assessment of the likely requirement for

2 that unit to conduct sustained operations in an aus3 tere environment, while drawing exclusively on its

4 own internal logistics capabilities.

5 (c) SUFFICIENCY CAPABILITIES.—The standards to be

6 established under subsection (a) shall reflect those spare

7 parts and similar logistics capabilities that the Secretary

8 of Defense considers sufficient for units of the Armed Forces

9 to successfully execute their missions under the conditions

10 described in subsection (b).

11 (d) RELATION TO READINESS REPORTING SYSTEM.—

12 The standards established under subsection (a) shall be

13 taken into account in designing the comprehensive readi14 ness reporting system for the Department of Defense re15 quired by section 117 of title 10, United States Code, and

16 shall be an element in determining a unit’s readiness status.

17 (e) RELATION TO ANNUAL FUNDING NEEDS.—The Sec18 retary of Defense shall consider the standards established

19 under subsection (a) in establishing the annual funding re20 quirements for the Department of Defense.

21 (f) REPORTING REQUIREMENT.—The Secretary of De22 fense shall include in the annual report required by section

23 113(c) of title 10, United States Code, an analysis of the

24 then current spare parts, logistics, and sustainment stand25 ards of the Armed Forces, as described in subsection (a),
79

•S 1059 EAH

1 including any shortfalls and the cost of addressing these

2 shortfalls.

3 Subtitle G—Other Matters

4 SEC. 361. DISCRETIONARY AUTHORITY TO INSTALL TELE5 COMMUNICATION EQUIPMENT FOR PERSONS

6 PERFORMING VOLUNTARY SERVICES.

7 Section 1588 of title 10, United States Code, is amend8 ed by adding at the end the following new subsection:

9 ‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The

10 Secretary concerned may install telephone lines and any

11 necessary telecommunication equipment in the private resi12 dences of designated persons providing voluntary services

13 accepted under subsection (a)(3) and pay the charges in14 curred for the use of the equipment for authorized purposes.

15 ‘‘(2) Notwithstanding section 1348 of title 31, the Sec16 retary concerned may use appropriated or nonappropriated

17 funds of the military department under the jurisdiction of

18 the Secretary or, with respect to the Coast Guard, the de19 partment in which the Coast Guard is operating, to carry

20 out this subsection.

21 ‘‘(3) The Secretary of Defense and, with respect to the

22 Coast Guard, the Secretary of the department in which the

23 Coast Guard is operating, shall prescribe regulations to

24 carry out this subsection.’’.
80

•S 1059 EAH

1 SEC. 362. CONTRACTING AUTHORITY FOR DEFENSE WORK2 ING CAPITAL FUNDED INDUSTRIAL FACILI3 TIES.

4 Section 2208(j) of title 10, United States Code, is

5 amended—

6 (1) in the matter preceding paragraph (1), by

7 striking ‘‘or remanufacturing’’ and inserting ‘‘, re8 manufacturing, and engineering’’;

9 (2) in paragraph (1), by inserting ‘‘or a sub10 contract under a Department of Defense contract’’ be11 fore the semicolon; and

12 (3) in paragraph (2), by striking ‘‘Department

13 of Defense solicitation for such contract’’ and insert14 ing ‘‘solicitation for the contract or subcontract’’.

15 SEC. 363. CLARIFICATION OF CONDITION ON SALE OF ARTI16 CLES AND SERVICES OF INDUSTRIAL FACILI17 TIES TO PERSONS OUTSIDE DEPARTMENT OF

18 DEFENSE.

19 Section 2553(g) of title 10, United States Code, is

20 amended—

21 (1) by redesignating paragraph (2) as para22 graph (3); and

23 (2) by inserting after paragraph (1) the fol24 lowing new paragraph:

25 ‘‘(2) The term ‘not available’, with respect to an

26 article or service proposed to be sold under this sec-
81

•S 1059 EAH

1 tion, means that the article or service is unavailable

2 from a commercial source in the required quantity

3 and quality, within the time required, or at prices

4 less than the price available through an industrial fa5 cility of the armed forces.’’.

6 SEC. 364. SPECIAL AUTHORITY OF DISBURSING OFFICIALS

7 REGARDING AUTOMATED TELLER MACHINES

8 ON NAVAL VESSELS.

9 Section 3342 of title 31, United States Code, is amend10 ed by adding at the end the following new subsection:

11 ‘‘(f) With respect to automated teller machines on

12 naval vessels of the Navy, the authority of a disbursing offi13 cial of the United States Government under subsection (a)

14 also includes the following:

15 ‘‘(1) The authority to provide operating funds to

16 the automated teller machines.

17 ‘‘(2) The authority to accept, for safekeeping, de18 posits and transfers of funds made through the auto19 mated teller machines.’’.

20 SEC. 365. PRESERVATION OF HISTORIC BUILDINGS AND

21 GROUNDS AT UNITED STATES SOLDIERS’ AND

22 AIRMEN’S HOME, DISTRICT OF COLUMBIA.

23 The Armed Forces Retirement Home Act of 1991 (title

24 XV of Public Law 101–510; 24 U.S.C. 401 et seq.) is
82

•S 1059 EAH

1 amended by adding at the end of subtitle A the following

2 new section:

3 ‘‘SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND

4 GROUNDS AT UNITED STATES SOLDIERS’ AND

5 AIRMEN’S HOME.

6 ‘‘(a) HISTORIC NATURE OF FACILITY.—Congress finds

7 the following:

8 ‘‘(1) Four buildings located on six acres of the

9 establishment of the Retirement Home known as the

10 United States Soldiers’ and Airmen’s Home are in11 cluded on the National Register of Historic Places

12 maintained by the Secretary of the Interior.

13 ‘‘(2) Amounts in the Armed Forces Retirement

14 Home Trust Fund, which consists primarily of deduc15 tions from the pay of members of the Armed Forces,

16 are insufficient to both maintain and operate the Re17 tirement Home for the benefit of the residents of the

18 Retirement Home and adequately maintain, repair,

19 and preserve these historic buildings and grounds.

20 ‘‘(3) Other sources of funding are available to

21 contribute to the maintenance, repair, and preserva22 tion of these historic buildings and grounds.

23 ‘‘(b) AUTHORITY TO ACCEPT ASSISTANCE.—The

24 Chairman of the Retirement Home Board and the Director

25 of the United States Soldiers’ and Airmen’s Home may
83

•S 1059 EAH

1 apply for and accept a direct grant from the Secretary of

2 the Interior under section 101(e)(3) of the National Historic

3 Preservation Act (16 U.S.C. 470a(e)(3)) for the purpose of

4 maintaining, repairing, and preserving the historic build5 ings and grounds of the United States Soldiers’ and Air6 men’s Home included on the National Register of Historic

7 Places.

8 ‘‘(c) REQUIREMENTS AND LIMITATIONS.—Amounts re9 ceived as a grant under subsection (b) shall be deposited

10 in the Fund, but shall be kept separate from other amounts

11 in the Fund. The amounts received may only be used for

12 the purpose specified in subsection (b).’’.

13 SEC. 366. CLARIFICATION OF LAND CONVEYANCE AUTHOR14 ITY, UNITED STATES SOLDIERS’ AND AIR15 MEN’S HOME.

16 (a) MANNER OF CONVEYANCE.—Subsection (a)(1) of

17 section 1053 of the National Defense Authorization Act for

18 Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2650)

19 is amended by striking ‘‘convey by sale’’ and inserting

20 ‘‘convey, by sale or lease,’’.

21 (b) TIME FOR CONVEYANCE.—Subsection (a)(2) of such

22 section is amended to read as follows:

23 ‘‘(2) The Armed Forces Retirement Home Board shall

24 sell or lease the property described in subsection (a) within
84

•S 1059 EAH

1 12 months after the date of the enactment of the National

2 Defense Authorization Act for Fiscal Year 2000.’’.

3 (c) MANNER, TERMS, AND CONDITIONS OF CONVEY4 ANCE.—Subsection (b) of such section is amended—

5 (1) by striking paragraph (1) and inserting the

6 following new paragraph: ‘‘(1) The Armed Forces Re7 tirement Home Board shall determine the manner,

8 terms, and conditions for the sale or lease of the real

9 property under subsection (a), except as follows:

10 ‘‘(A) Any lease of the real property under sub11 section (a) shall include an option to purchase.

12 ‘‘(B) The conveyance may not involve any form

13 of public/private partnership, but shall be limited to

14 fee-simple sale or long-term lease.

15 ‘‘(C) Before conveying the property by sale or

16 lease to any other person or entity, the Board shall

17 provide the Catholic University of America with the

18 opportunity to match or exceed the highest bona fide

19 offer otherwise received for the purchase or lease of the

20 property, as the case may be, and to acquire the prop21 erty.’’; and

22 (2) in paragraph (2), by adding at the end the

23 following new sentence: ‘‘In no event shall the sale or

24 lease of the property be for less than the appraised
85

•S 1059 EAH

1 value of the property in its existing condition and on

2 the basis of its highest and best use.’’.

3 SEC. 367. TREATMENT OF ALASKA, HAWAII, AND GUAM IN

4 DEFENSE HOUSEHOLD GOODS MOVING PRO5 GRAMS.

6 (a) LIMITATION ON INCLUSION IN TEST PROGRAMS.—

7 Alaska, Hawaii, and Guam shall not be included as a point

8 of origin in any test or demonstration program of the De9 partment of Defense regarding the moving of household

10 goods of members of the Armed Forces.

11 (b) SEPARATE REGIONS; DESTINATIONS.—In any De12 partment of Defense household goods moving program that

13 is not subject to the prohibition in subsection (a)—

14 (1) Alaska, Hawaii, and Guam shall each con15 stitute a separate region; and

16 (2) Hawaii and Guam shall be considered inter17 national destinations.

18 TITLE IV—MILITARY PERSONNEL

19 AUTHORIZATIONS

20 Subtitle A—Active Forces

21 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

22 The Armed Forces are authorized strengths for active

23 duty personel as of September 30, 2000, as follows:

24 (1) The Army, 480,000.

25 (2) The Navy, 372,037.
86

•S 1059 EAH

1 (3) The Marine Corps, 172,518.

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

3 SEC. 402. REVISION IN PERMANENT END STRENGTH MIN4 IMUM LEVELS.

5 (a) REVISED END STRENGTH FLOORS.—Section

6 691(b) of title 10, United States Code, is amended—

7 (1) in paragraph (2), by striking ‘‘372,696’’ and

8 inserting ‘‘371,781’’;

9 (2) in paragraph (3), by striking ‘‘172,200’’ and

10 inserting ‘‘172,148’’; and

11 (3) in paragraph (4), by striking ‘‘370,802’’ and

12 inserting ‘‘360,877’’.

13 (b) EFFECTIVE DATE.—The amendments made by sub14 section (a) shall take effect on October 1, 1999.

15 SEC. 403. APPOINTMENTS TO CERTAIN SENIOR JOINT OFFI16 CER POSITIONS.

17 (a) PERMANENT EXEMPTION AUTHORITY.—Para18 graph (5) of section 525(b) of title 10, United States Code,

19 is amended by striking subparagraph (C).

20 (b) PERMANENT REQUIREMENT FOR MILITARY DE21 PARTMENT SUBMISSIONS FOR CERTAIN JOINT 4-STAR

22 DUTY ASSIGNMENTS.—Section 604 of such title is amended

23 by striking subsection (c).

24 (c) CLARIFICATION OF CERTAIN LIMITATIONS ON NUM25 BER OF ACTIVE-DUTY GENERALS AND ADMIRALS.—Para-
87

•S 1059 EAH

1 graph (5) of section 525(b) of such title is further amended

2 by adding at the end of subparagraph (A) the following new

3 sentence: ‘‘Any increase by reason of the preceding sentence

4 in the number of officers of an armed force serving on active

5 duty in grades above major general or rear admiral may

6 only be realized by an increase in the number of lieutenant

7 generals or vice admirals, as the case may, serving on active

8 duty, and any such increase may not be construed as au9 thorizing an increase in the limitation on the total number

10 of general or flag officers for that armed force under section

11 526(a) of this title or in the number of general and flag

12 officers that may be designated under section 526(b) of this

13 title.’’.

14 Subtitle B—Reserve Forces

15 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

17 strengths for Selected Reserve personnel of the reserve com18 ponents as of September 30, 2000, as follows:

19 (1) The Army National Guard of the United

20 States, 350,000.

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

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

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

24 (5) The Air National Guard of the United

25 States, 106,678.
88

•S 1059 EAH

1 (6) The Air Force Reserve, 73,708.

2 (7) The Coast Guard Reserve, 8,000.

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

4 subsection (a) for the Selected Reserve of any reserve compo5 nent shall be proportionately reduced by—

6 (1) the total authorized strength of units orga7 nized to serve as units of the Selected Reserve of such

8 component which are on active duty (other than for

9 training) at the end of the fiscal year; and

10 (2) the total number of individual members not

11 in units organized to serve as units of the Selected

12 Reserve of such component who are on active duty

13 (other than for training or for unsatisfactory partici14 pation in training) without their consent at the end

15 of the fiscal year.

16 Whenever such units or such individual members are re17 leased from active duty during any fiscal year, the end

18 strength prescribed for such fiscal year for the Selected Re19 serve of such reserve component shall be proportionately in20 creased by the total authorized strengths of such units and

21 by the total number of such individual members.

22 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

23 DUTY IN SUPPORT OF THE RESERVES.

24 Within the end strengths prescribed in section 411(a),

25 the reserve components of the Armed Forces are authorized,
89

•S 1059 EAH

1 as of September 30, 2000, the following number of Reserves

2 to be serving on full-time active duty or full-time duty, in

3 the case of members of the National Guard, for the purpose

4 of organizing, administering, recruiting, instructing, or

5 training the reserve components:

6 (1) The Army National Guard of the United

7 States, 22,563.

8 (2) The Army Reserve, 12,804.

9 (3) The Naval Reserve, 15,010.

10 (4) The Marine Corps Reserve, 2,272.

11 (5) The Air National Guard of the United

12 States, 11,025.

13 (6) The Air Force Reserve, 1,078.

14 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

15 (DUAL STATUS).

16 The minimum number of military technicians (dual

17 status) as of the last day of fiscal year 2000 for the reserve

18 components of the Army and the Air Force (notwith19 standing section 129 of title 10, United States Code) shall

20 be the following:

21 (1) For the Army Reserve, 6,474.

22 (2) For the Army National Guard of the United

23 States, 23,125.

24 (3) For the Air Force Reserve, 9,785.
90

•S 1059 EAH

1 (4) For the Air National Guard of the United

2 States, 22,247.

3 SEC. 414. INCREASE IN NUMBER OF ARMY AND AIR FORCE

4 MEMBERS IN CERTAIN GRADES AUTHORIZED

5 TO SERVE ON ACTIVE DUTY IN SUPPORT OF

6 THE RESERVES.

7 (a) OFFICERS.—The table in section 12011(a) of title

8 10, United States Code, is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

Major or Lieutenant Commander .................................................. 3,219 1,071 843 140

Lieutenant Colonel or Commander ............................................... 1,595 520 746 90

Colonel or Navy Captain ............................................................... 471 188 297 30’’.

9 (b) SENIOR ENLISTED MEMBERS.—The table in sec10 tion 12012(a) of such title is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 ................................................................................................... 645 202 403 20

E–8 ................................................................................................... 2,585 429 1,029 94’’.

11 (c) EFFECTIVE DATE.—The amendments made by this

12 section shall take effect on October 1, 1999.

13 SEC. 415. SELECTED RESERVE END STRENGTH FLEXI14 BILITY.

15 Section 115(c) of title 10, United States Code, is

16 amended—

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

18 (1);

19 (2) by striking the period at the end of para20 graph (2) and inserting ‘‘; and’’; and
91

•S 1059 EAH

1 (3) by adding at the end the following new para2 graph:

3 ‘‘(3) vary the end strength authorized pursuant

4 to subsection (a)(2) for a fiscal year for the Selected

5 Reserve of any of the reserve components by a number

6 equal to not more than 2 percent of that end

7 strength.’’.

8 Subtitle C—Authorization of

9 Appropriations

10 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI11 TARY PERSONNEL.

12 There is hereby authorized to be appropriated to the

13 Department of Defense for military personnel for fiscal year

14 2000 a total of $72,115,367,000. The authorization in the

15 preceding sentence supersedes any other authorization of

16 appropriations (definite or indefinite) for such purpose for

17 fiscal year 2000.

18 TITLE V—MILITARY PERSONNEL

19 POLICY

20 Subtitle A—Officer Personnel Policy

21 SEC. 501. RECOMMENDATIONS FOR PROMOTION BY SELEC22 TION BOARDS.

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

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

25 ‘‘If the number determined under this subsection within a
92

•S 1059 EAH

1 grade (or grade and competitive category) is less than one,

2 the board may recommend one such officer from within that

3 grade (or grade and competitive category).’’.

4 SEC. 502. TECHNICAL AMENDMENTS RELATING TO JOINT

5 DUTY ASSIGNMENTS.

6 (a) JOINT DUTY ASSIGNMENTS FOR GENERAL AND

7 FLAG OFFICERS.—Subsection (g) of section 619a of title 10,

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

9 ‘‘(g) LIMITATION FOR GENERAL AND FLAG OFFICERS

10 PREVIOUSLY RECEIVING JOINT DUTY ASSIGNMENT WAIV11 ER.—A general officer or flag officer who before January

12 1, 1999, received a waiver of subsection (a) under the au13 thority of this subsection (as in effect before that date) may

14 not be appointed to the grade of lieutenant general of vice

15 admiral until the officer completes a full tour of duty in

16 a joint duty assignment.’’.

17 (b) NUCLEAR PROPULSION OFFICERS.—Subsection (h)

18 of that section is amended—

19 (1) by striking ‘‘(1) Until January 1, 1997, an’’

20 inserting ‘‘An’’;

21 (2) by striking ‘‘may be’’ and inserting ‘‘who be22 fore January 1, 1997, is’’;

23 (3) by striking ‘‘. An officer so appointed’’; and

24 (4) by striking paragraph (2).
93

•S 1059 EAH

1 Subtitle B—Matters Relating to

2 Reserve Components

3 SEC. 511. CONTINUATION ON RESERVE ACTIVE STATUS

4 LIST TO COMPLETE DISCIPLINARY ACTION.

5 (a) IN GENERAL.—Chapter 1407 of title 10, United

6 States Code, is amended by adding at the end the following

7 new section:

8 ‘‘§ 14518. Continuation on reserve active status list to

9 complete disciplinary action

10 ‘‘When an action is commenced against a Reserve offi11 cer with a view to trying the officer by court-martial, as

12 authorized by section 802(d) of this title, the Secretary con13 cerned may delay the separation or retirement of the officer

14 under this chapter until the completion of the disciplinary

15 action under chapter 47 of this title.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of such chapter 1407 is amended by adding

18 at the end the following new item:

‘‘14518. Continuation on reserve active status list to complete disciplinary action.’’.

19 SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT

20 MEMBERS TO ACTIVE DUTY TO COMPLETE A

21 MEDICAL EVALUATION.

22 Section 12301 of title 10, United States Code, is

23 amended by adding at the end the following new subsection:
94

•S 1059 EAH

1 ‘‘(h)(1) When authorized by the Secretary of Defense,

2 the Secretary of the military department concerned may

3 order a member of a reserve component to active duty, with

4 the consent of that member, to receive authorized medical

5 care, to be medically evaluated for disability or other pur6 poses, or to complete a required Department of Defense

7 health care study, which may include an associated medical

8 evaluation of the member.

9 ‘‘(2) A member ordered to active duty under this sub10 section may be retained with the member’s consent, when

11 the Secretary concerned considers it appropriate, for med12 ical treatment for a condition associated with the study or

13 evaluation, if that treatment of the member otherwise is au14 thorized by law.

15 ‘‘(3) A member of the Army National Guard of the

16 United States or the Air National Guard of the United

17 States may not be ordered to active duty under this sub18 section without the consent of the Governor or other appro19 priate authority of the State concerned.’’.

20 SEC. 513. ELIGIBILITY FOR CONSIDERATION FOR PRO21 MOTION.

22 (a) AMENDMENT.—Section 14301 of title 10, United

23 States Code, is amended by adding at the end the following

24 new subsection:
95

•S 1059 EAH

1 ‘‘(h) OFFICERS ON EDUCATIONAL DELAY.—A Reserve

2 officer who is in an educational delay status for the purpose

3 of attending an approved institution of higher education

4 for advanced training, subsidized by the military depart5 ment concerned in the form of a scholarship or stipend, is

6 ineligible for consideration for promotion while in that sta7 tus. The officer shall remain on the Reserve active status

8 list while in such an educational delay status.’’.

9 (b) RETROACTIVE EFFECT.—The Secretary concerned,

10 upon application, shall expunge from the record of any offi11 cer a nonselection for promotion if the nonselection occurred

12 during a period the officer was serving in an educational

13 delay status that occurred during the period beginning on

14 October 1, 1996, and ending on the date of the enactment

15 of this Act.

16 SEC. 514. RETENTION UNTIL COMPLETION OF 20 YEARS OF

17 SERVICE FOR RESERVE COMPONENT MAJORS

18 AND LIEUTENANT COMMANDERS WHO TWICE

19 FAIL OF SELECTION FOR PROMOTION.

20 Section 14506 of title 10, United States Code, is

21 amended by striking ‘‘section 14513’’ and all that follows

22 and inserting ‘‘section 14513 of this title on the later of—

23 ‘‘(1) the first day of the month after the month

24 in which the officer completes 20 years of commis25 sioned service; or
96

•S 1059 EAH

1 ‘‘(2) the first day of the seventh month after the

2 month in which the President approves the report of

3 the board which considered the officer for the second

4 time.’’.

5 SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLU6 SION.

7 The text of section 14706 of title 10, United States

8 Code, is amended to read as follows:

9 ‘‘(a) For the purpose of this chapter and chapter 1407

10 of this title, a Reserve officer’s years of service include all

11 service of the officer as a commissioned officer of a uni12 formed service other than—

13 ‘‘(1) service as a warrant officer;

14 ‘‘(2) constructive service; and

15 ‘‘(3) service after appointment as a commis16 sioned officer of a reserve component while in a pro17 gram of advanced education to obtain the first profes18 sional degree required for appointment, designation,

19 or assignment as an officer in the Medical Corps, the

20 Dental Corps, the Veterinary Corps, the Medical Serv21 ice Corps, the Nurse Corps, the Army Medical Spe22 cialists Corps, or as an officer designated as a chap23 lain or judge advocate, provided such service occurs

24 before the officer commences initial service on active
97

•S 1059 EAH

1 duty or initial service in the Ready Reserve in the

2 specialty that results from such a degree.

3 ‘‘(b) The exclusion under subsection (a)(3) does not

4 apply to service performed by an officer who previously

5 served on active duty or participated as a member of the

6 Ready Reserve in other than a student status for the period

7 of service preceding the member’s service in a student sta8 tus.’’.

9 SEC. 516. AUTHORITY TO RETAIN RESERVE COMPONENT

10 CHAPLAINS UNTIL AGE 67.

11 Section 14703(b) of title 10, United States Code, is

12 amended by striking ‘‘(or, in the case of a Reserve officer

13 of the Army in the Chaplains or a Reserve officer of the

14 Air Force designated as a chaplain, 60 years of age)’’.

15 SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY

16 FOR SPACE-REQUIRED TRAVEL FOR RE17 SERVES.

18 (a) CODIFICATION.—(1) Chapter 1209 of title 10,

19 United States Code, is amended by adding at the end the

20 following new section:

21 ‘‘§ 12323. Space-required travel for Reserves

22 ‘‘A member of a reserve component is authorized to

23 travel in a space-required status on aircraft of the armed

24 forces between home and place of inactive duty training,

25 or place of duty in lieu of unit training assembly, when
98

•S 1059 EAH

1 there is no road or railroad transportation (or combination

2 of road and railroad transportation) between those loca3 tions. A member traveling in that status on a military air4 craft pursuant to the authority provided in this section is

5 not authorized to receive travel, transportation, or per diem

6 allowances in connection with that travel.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘12323. Space-required travel for Reserves.’’.

9 (b) EFFECTIVE DATE.—Section 12323 of title 10,

10 United States Code, as added by subsection (a), shall take

11 effect on October 1, 1999.

12 SEC. 518. FINANCIAL ASSISTANCE PROGRAM FOR SPE13 CIALLY SELECTED MEMBERS OF THE MARINE

14 CORPS RESERVE.

15 (a) IN GENERAL.—Chapter 1205 of title 10, United

16 States Code, is amended by adding at the end the following

17 new section:

18 ‘‘§ 12216. Financial assistance for members of the Ma19 rine Corps platoon leader’s class program

20 ‘‘(a) PROGRAM AUTHORITY.—The Secretary of the

21 Navy may provide payment of not more than $5,200 per

22 year for a period not to exceed three consecutive years of

23 educational expenses (including tuition, fees, books, and

24 laboratory expenses) to an eligible enlisted member of the

25 Marine Corps Reserve for completion of—
99

•S 1059 EAH

1 ‘‘(1) baccalaureate degree requirements in an ap2 proved academic program that requires less than five

3 academic years to complete; or

4 ‘‘(2) doctor of jurisprudence or bachelor of laws

5 degree requirements in an approved academic pro6 gram which requires not more than three years to

7 complete.

8 ‘‘(b) ELIGIBLE RESERVISTS.—To be eligible for receipt

9 of educational expenses as authorized by subsection (a), an

10 enlisted member of the Marine Corps Reserve must—

11 ‘‘(1) either—

12 ‘‘(A) be under 27 years of age on June 30

13 of the calendar year in which the member is eli14 gible for appointment as a second lieutenant in

15 the Marine Corps for such persons in a bacca16 laureate degree program described in subsection

17 (a)(1), except that any such member who has

18 served on active duty in the armed forces may

19 exceed such age limitation on such date by a pe20 riod equal to the period such member served on

21 active duty, but only if such member will be

22 under 30 years of age on such date; or

23 ‘‘(B) be under 31 years of age on June 30

24 of the calendar year in which the member is eli25 gible for appointment as a second lieutenant in
100

•S 1059 EAH

1 the Marine Corps for such persons in a doctor of

2 jurisprudence or bachelor of laws degree program

3 described in subsection (a)(2), except that any

4 such member who has served on active duty in

5 the armed forces may exceed such age limitation

6 on such date by a period equal to the period such

7 member served on active duty, but only if such

8 member will be under 35 years of age on such

9 date;

10 ‘‘(2) be satisfactorily enrolled at any accredited

11 civilian educational institution authorized to grant

12 baccalaureate, doctor of jurisprudence or bachelor of

13 law degrees;

14 ‘‘(3) be selected as an officer candidate in the

15 Marine Corps Platoon Leader’s Class Program and

16 successfully complete one increment of military train17 ing of not less than six weeks’ duration; and

18 ‘‘(4) agree in writing—

19 ‘‘(A) to accept an appointment as a com20 missioned officer in the Marine Corps, if ten21 dered by the President;

22 ‘‘(B) to serve on active duty for a minimum

23 of five years; and

24 ‘‘(C) under such terms and conditions as

25 shall be prescribed by the Secretary of the Navy,
101

•S 1059 EAH

1 to serve in the Marine Corps Reserve until the

2 eighth anniversary of the receipt of such ap3 pointment.

4 ‘‘(c) APPOINTMENT.—Upon satisfactorily completing

5 the academic and military requirements of the Marine

6 Corps Platoon Leaders Class Program, an officer candidate

7 may be appointed by the President as a Reserve officer in

8 the Marine Corps in the grade of second lieutenant.

9 ‘‘(d) LIMITATION ON NUMBER.—Not more than 1,200

10 officer candidates may participate in the financial assist11 ance program authorized by this section at any one time.

12 ‘‘(e) REMEDIAL AUTHORITY OF SECRETARY.—An offi13 cer candidate may be ordered to active duty in the Marine

14 Corps by the Secretary of the Navy to serve in an appro15 priate enlisted grade for such period of time as the Sec16 retary prescribes, but not for more than four years, when

17 such person—

18 ‘‘(1) accepted financial assistance under this sec19 tion; and

20 ‘‘(2) either—

21 ‘‘(A) completes the military and academic

22 requirements of the Marine Corps Platoon Lead23 ers Class Program and refuses to accept a com24 mission when offered;
102

•S 1059 EAH

1 ‘‘(B) fails to complete the military or aca2 demic requirements of the Marine Corps Platoon

3 Leaders Class Program; or

4 ‘‘(C) is disenrolled from the Marine Corps

5 Platoon Leaders Class Program for failure to

6 maintain eligibility for an original appointment

7 as a commissioned officer under section 532 of

8 this title.

9 ‘‘(d) PERSONS NOT QUALIFIED FOR APPOINTMENT.—

10 Except under regulations prescribed by the Secretary of the

11 Navy, a person who is not physically qualified for appoint12 ment under section 532 of this title and subsequently is de13 termined by the Secretary of the Navy under section 505

14 of this title to be unqualified for service as an enlisted mem15 ber of the Marine Corps due to a physical or medical condi16 tion that was not the result of misconduct or grossly neg17 ligent conduct may request a waiver of obligated service of

18 such financial assistance.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of such chapter is amended by adding at the

21 end the following new item:

‘‘12216. Financial assistance for members of the Marine Corps platoon leader’s

class program.’’.

22 (c) COMPUTATION OF SERVICE CREDITABLE.—Section

23 205 of title 37, United States Code, is amended by adding

24 at the end the following new subsection:
103

•S 1059 EAH

1 ‘‘(f) Notwithstanding subsection (a), a commissioned

2 officer appointed under sections 12209 and 12216 of title

3 10 may not count in computing basic pay a period of serv4 ice after January 1, 2000, that the officer performed concur5 rently as a member of the Marine Corps Platoon Leaders

6 Class Program and the Marine Corps Reserve, except that

7 service after that date that the officer performed before com8 missioning while serving as an enlisted member on active

9 duty or as a member of the Selected Reserve may be so

10 counted.’’.

11 (d) TRANSITION PROVISION.—An enlisted member of

12 the Marine Corps Reserve selected for training as officer

13 candidates under section 12209 of title 10, United States

14 Code, before October 1, 2000 may, upon submitting an ap15 propriate application, participate in the financial assist16 ance program established in subsection (a) if—

17 (1) the member is eligible for financial assistance

18 under the qualification requirements of subsection (a);

19 (2) the member submits to the Secretary of the

20 Navy a request for such financial assistance not later

21 than 180 days after the date of the enactment of this

22 Act; and

23 (3) the member agrees in writing to accept an

24 appointment, if offered in the Marine Corps Reserve,

25 and to comply with the length of obligated service
104

•S 1059 EAH

1 provisions in subsection (a)(2)(D) of section 12216 of

2 title 10, United States Code, as added by subsection

3 (a).

4 (e) LIMITATION ON CREDITING OF PRIOR SERVICE.—

5 In computing length of service for any purpose, a person

6 who requests financial assistance under subsection (d) may

7 not be credited with service either as an officer candidate

8 or concurrent enlisted service, other than concurrent en9 listed service while serving on active duty other than for

10 training while a member of the Marine Corps Reserve.

11 SEC. 519. OPTIONS TO IMPROVE RECRUITING FOR THE

12 ARMY RESERVE.

13 (a) REVIEW.—The Secretary of the Army shall conduct

14 a review of the manner, process, and organization used by

15 the Army to recruit new members for the Army Reserve.

16 The review shall seek to determine the reasons for the con17 tinuing inability of the Army to meet recruiting objectives

18 for the Army Reserve and to identify measures the Sec19 retary could take to correct that inability.

20 (b) REORGANIZATION TO BE CONSIDERED.—Among

21 the possible corrective measures to be examined by the Sec22 retary of the Army as part of the review shall be a transfer

23 of the recruiting function for the Army Reserve from the

24 Army Recruiting Command to a new, fully resourced re-
105

•S 1059 EAH

1 cruiting organization under the command and control of

2 the Chief, Army Reserve.

3 (c) REPORT.—Not later than July 1, 2000, the Sec4 retary shall submit to the Committee on Armed Services

5 of the Senate and the Committee on Armed Service of the

6 House of Representatives a report setting forth the results

7 of the review under this section. The report shall include

8 a description of any corrective measures the Secretary in9 tends to implement.

10 Subtitle C—Military Technicians

11 SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STA12 TUS) LAW.

13 (a) DEFINITION.—Subsection (a)(1) of section 10216

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

15 (1) in subparagraph (A), by striking ‘‘section

16 709’’ and inserting ‘‘section 709(b)’’; and

17 (2) in subparagraph (C), by inserting ‘‘civilian’’

18 after ‘‘is assigned to a’’.

19 (b) DUAL STATUS REQUIREMENT.—Subsection (e) of

20 such section is amended—

21 (1) in paragraph (1), by inserting ‘‘(dual sta22 tus)’’ after ‘‘military technician’’ the second place it

23 appears; and

24 (2) in paragraph (2)—
106

•S 1059 EAH

1 (A) by striking ‘‘The Secretary’’ and insert2 ing ‘‘Except as otherwise provided by law, the

3 Secretary’’; and

4 (B) by striking ‘‘six months’’ and inserting

5 ‘‘up to 12 months’’.

6 SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.

7 (a) IN GENERAL.—(1) Chapter 1007 of title 10, United

8 States Code, is amended by adding at the end the following

9 new section:

10 ‘‘§ 10218. Army and Air Force Reserve Technicians:

11 conditions for retention; mandatory re12 tirement under civil service laws

13 ‘‘(a) SEPARATION AND RETIREMENT OF MILITARY

14 TECHNICIANS (DUAL STATUS).—(1) An individual em15 ployed by the Army Reserve or the Air Force Reserve as

16 a military technician (dual status) who after the date of

17 the enactment of this section loses dual status is subject to

18 paragraph (2) or (3), as the case may be.

19 ‘‘(2) If a technician described in paragraph (1) is eli20 gible at the time dual status is lost for an unreduced annu21 ity, the technician shall be separated, subject to subsection

22 (e), not later than 30 days after the date on which dual

23 status is lost.
107

•S 1059 EAH

1 ‘‘(3)(A) If a technician described in paragraph (1) is

2 not eligible at the time dual status is lost for an unreduced

3 annuity, the technician shall be offered the opportunity to—

4 ‘‘(i) reapply for, and if qualified be appointed

5 to, a position as a military technician (dual status);

6 or

7 ‘‘(ii) apply for a civil service position that is not

8 a technician position.

9 ‘‘(B) If such a technician continues employment with

10 the Army Reserve or the Air Force Reserve as a non-dual

11 status technician, the technician—

12 ‘‘(i) shall not be permitted, after the end of the

13 one-year period beginning on the date of the enact14 ment of this subsection, to apply for any voluntary

15 personnel action; and

16 ‘‘(ii) shall, subject to subsection (e), be separated

17 or retired—

18 ‘‘(I) in the case of a technician first hired

19 as a military technician (dual status) on or be20 fore February 10, 1996, not later than 30 days

21 after becoming eligible for an unreduced annu22 ity; and

23 ‘‘(II) in the case of a technician first hired

24 as a military technician (dual status) after Feb-
108

•S 1059 EAH

1 ruary 10, 1996, not later than one year after the

2 date on which dual status is lost.

3 ‘‘(4) For purposes of this subsection, a military techni4 cian is considered to lose dual status upon—

5 ‘‘(A) being separated from the Selected Reserve;

6 or

7 ‘‘(B) ceasing to hold the military grade specified

8 by the Secretary concerned for the position held by the

9 technician.

10 ‘‘(b) NON-DUAL STATUS TECHNICIANS.—(1) An indi11 vidual who on the date of the enactment of this section is

12 employed by the Army Reserve or the Air Force Reserve

13 as a non-dual status technician and who on that date is

14 eligible for an unreduced annuity shall, subject to subsection

15 (e), be separated not later than six months after the date

16 of the enactment of this section.

17 ‘‘(2)(A) An individual who on the date of the enact18 ment of this section is employed by the Army Reserve or

19 the Air Force Reserve as a non-dual status technician and

20 who on that date is not eligible for an unreduced annuity

21 shall be offered the opportunity to—

22 ‘‘(i) reapply for, and if qualified be appointed

23 to, a position as a military technician (dual status);

24 or
109

•S 1059 EAH

1 ‘‘(ii) apply for a civil service position that is not

2 a technician position.

3 ‘‘(B) If such a technician continues employment with

4 the Army Reserve or the Air Force Reserve as a non-dual

5 status technician, the technician—

6 ‘‘(i) shall not be permitted, after the end of the

7 one-year period beginning on the date of the enact8 ment of this subsection, to apply for any voluntary

9 personnel action; and

10 ‘‘(ii) shall, subject to subsection (e), be separated

11 or retired—

12 ‘‘(I) in the case of a technician first hired

13 as a technician on or before February 10, 1996,

14 and who on the date of the enactment of this sec15 tion is a non-dual status technician, not later

16 than 30 days after becoming eligible for an unre17 duced annuity; and

18 ‘‘(II) in the case of a technician first hired

19 as a technician after February 10, 1996, and

20 who on the date of the enactment of this section

21 is a non-dual status technician, not later than

22 one year after the date on which dual status is

23 lost.

24 ‘‘(3) An individual employed by the Army Reserve or

25 the Air Force Reserve as a non-dual status technician who
110

•S 1059 EAH

1 is ineligible for appointment to a military technician (dual

2 status) position, or who decides not to apply for appoint3 ment to such a position, or who, within six months of the

4 date of the enactment of this section is not appointed to

5 such a position, shall for reduction-in-force purposes be in

6 a separate competitive category from employees who are

7 military technicians (dual status).

8 ‘‘(c) UNREDUCED ANNUITY DEFINED.—For purposes

9 of this section, a technician shall be considered to be eligible

10 for an unreduced annuity if the technician is eligible for

11 an annuity under section 8336, 8412, or 8414 of title 5

12 that is not subject to a reduction by reason of the age or

13 years of service of the technician.

14 ‘‘(d) VOLUNTARY PERSONNEL ACTION DEFINED.—In

15 this section, the term ‘voluntary personnel action’, with re16 spect to a non-dual status technician, means any of the fol17 lowing:

18 ‘‘(1) The hiring, entry, appointment, reassign19 ment, promotion, or transfer of the technician into a

20 position for which the Secretary concerned has estab21 lished a requirement that the person occupying the

22 position be a military technician (dual status).

23 ‘‘(2) Promotion to a higher grade if the techni24 cian is in a position for which the Secretary con25 cerned has established a requirement that the person
111

•S 1059 EAH

1 occupying the position be a military technician (dual

2 status).

3 ‘‘(e) ANNUAL LIMITATION ON MANDATORY RETIRE4 MENTS.—Until October 1, 2004, the Secretary of the Army

5 and the Secretary of the Air Force may not during any

6 fiscal year approve a total of more than 25 mandatory re7 tirements under this section. A technician who is subject

8 to mandatory separation under this section in any fiscal

9 year and who, but for this subsection, would be eligible to

10 be retired with an unreduced annuity shall, if not sooner

11 separated under some other provision of law, be eligible to

12 be retained in service until mandatorily retired consistent

13 with the limitation in this subsection.’’.

14 (2) The table of sections at the beginning of such chap15 ter is amended by adding at the end the following new item:

‘‘10218. Army and Air Force Reserve Technicians: conditions for retention; mandatory retirement under civil service laws.’’.

16 (3) During the six-month period beginning on the date

17 of the enactment of this Act, the provisions of subsections

18 (a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10218 of title

19 10, United States Code, as added by paragraph (1), shall

20 be applied by substituting ‘‘six months’’ for ‘‘30 days’’.

21 (b) EARLY RETIREMENT.—Section 8414(c) of title 5,

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

23 ‘‘(c)(1) An employee who was hired as a military re24 serve technician on or before February 10, 1996 (under the
112

•S 1059 EAH

1 provisions of this title in effect before that date), and who

2 is separated from technician service, after becoming 50

3 years of age and completing 25 years of service, by reason

4 of being separated from the Selected Reserve of the employ5 ee’s reserve component or ceasing to hold the military grade

6 specified by the Secretary concerned for the position held

7 by the employee is entitled to an annuity.

8 ‘‘(2) An employee who is initially hired as a military

9 technician (dual status) after February 10, 1996, and who

10 is separated from the Selected Reserve or ceases to hold the

11 military grade specified by the Secretary concerned for the

12 position held by the technician—

13 ‘‘(A) after completing 25 years of service as a

14 military technician (dual status), or

15 ‘‘(B) after becoming 50 years of age and com16 pleting 20 years of service as a military technician

17 (dual status),

18 is entitled to an annuity.’’.

19 (c) CONFORMING AMENDMENTS.—Chapter 84 of title

20 5, United States Code, is amended as follows:

21 (1) Section 8415(g)(2) is amended by striking

22 ‘‘military reserve technician’’ and inserting ‘‘military

23 technician (dual status)’’.

24 (2) Section 8401(30) is amended to read as fol25 lows:
113

•S 1059 EAH

1 ‘‘(30) the term ‘military technician (dual sta2 tus)’ means an employee described in section 10216 of

3 title 10;’’.

4 (d) DISABILITY RETIREMENT.—Section 8337(h) of

5 title 5, United States Code, is amended—

6 (1) in paragraph (1)—

7 (A) by inserting ‘‘or section 10216 of title

8 10’’ after ‘‘title 32’’;

9 (B) by striking ‘‘such title’’ and all that fol10 lows through the period and inserting ‘‘title 32

11 or section 10216 of title 10, respectively, to be a

12 member of the Selected Reserve.’’;

13 (2) in paragraph (2)(A)(i)—

14 (A) by inserting ‘‘or section 10216 of title

15 10’’ after ‘‘title 32’’; and

16 (B) by striking ‘‘National Guard or from

17 holding the military grade required for such em18 ployment’’ and inserting ‘‘Selected Reserve’’; and

19 (3) in paragraph (3)(C), by inserting ‘‘or section

20 10216 of title 10’’ after ‘‘title 32’’.

21 SEC. 523. REVISION TO NON-DUAL STATUS TECHNICIANS

22 STATUTE.

23 (a) REVISION.—Section 10217 of title 10, United

24 States Code, is amended—

25 (1) in subsection (a)—
114

•S 1059 EAH

1 (A) by striking ‘‘military’’ after ‘‘non-dual

2 status’’ in the matter preceding paragraph (1);

3 and

4 (B) by striking paragraphs (1) and (2) and

5 inserting the following:

6 ‘‘(1) was hired as a technician before November

7 18, 1997, under any of the authorities specified in

8 subsection (b) and as of that date is not a member

9 of the Selected Reserve or after such date has ceased

10 to be a member of the Selected Reserve; or

11 ‘‘(2) is employed under section 709 of title 32 in

12 a position designated under subsection (c) of that sec13 tion and when hired was not required to maintain

14 membership in the Selected Reserve.’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(c) PERMANENT LIMITATIONS ON NUMBER.—(1) Ef18 fective October 1, 2007, the total number of non-dual status

19 technicians employed by the Army Reserve and Air Force

20 Reserve may not exceed 175. If at any time after the pre21 ceding sentence takes effect the number of non-dual status

22 technicians employed by the Army Reserve and Air Force

23 Reserve exceeds the number specified in the limitation in

24 the preceding sentence, the Secretary of Defense shall re25 quire that the Secretary of the Army or the Secretary of
115

•S 1059 EAH

1 the Air Force, or both, take immediate steps to reduce the

2 number of such technicians in order to comply with such

3 limitation.

4 ‘‘(2) Effective October 1, 2001, the total number of non5 dual status technicians employed by the National Guard

6 may not exceed 1,950. If at any time after the preceding

7 sentence takes effect the number of non-dual status techni8 cians employed by the National Guard exceeds the number

9 specified in the limitation in the preceding sentence, the

10 Secretary of Defense shall require that the Secretary of the

11 Army or the Secretary of the Air Force, or both, take imme12 diate steps to reduce the number of such technicians in

13 order to comply with such limitation.’’.

14 (c) CONFORMING AMENDMENTS.—The heading of such

15 section and the item relating to such section in the table

16 of sections at the beginning of chapter 1007 of such title

17 are each amended by striking the penultimate word.

18 SEC. 524. REVISION TO AUTHORITIES RELATING TO NA19 TIONAL GUARD TECHNICIANS.

20 Section 709 of title 32, United States Code, is amended

21 to read as follows:

22 ‘‘§ 709. Technicians: employment, use, status

23 ‘‘(a) Under regulations prescribed by the Secretary of

24 the Army or the Secretary of the Air Force, as the case may
116

•S 1059 EAH

1 be, and subject to subsections (b) and (c), persons may be

2 employed as technicians in—

3 ‘‘(1) the administration and training of the Na4 tional Guard; and

5 ‘‘(2) the maintenance and repair of supplies

6 issued to the National Guard or the armed forces.

7 ‘‘(b) Except as authorized in subsection (c), a person

8 employed under subsection (a) must meet each of the fol9 lowing requirements:

10 ‘‘(1) Be a military technician (dual status) as

11 defined in section 10216(a) of title 10.

12 ‘‘(2) Be a member of the National Guard.

13 ‘‘(3) Hold the military grade specified by the

14 Secretary concerned for that position.

15 ‘‘(4) While performing duties as a military tech16 nician (dual status), wear the uniform appropriate

17 for the member’s grade and component of the armed

18 forces .

19 ‘‘(c)(1) A person may be employed under subsection

20 (a) as a non-dual status technician (as defined by section

21 10217 of title 10) if the technician position occupied by the

22 person has been designated by the Secretary concerned to

23 be filled only by a non-dual status technician.
117

•S 1059 EAH

1 ‘‘(2) The total number of non-dual status technicians

2 in the National Guard is specified in section 10217(c)(2)

3 of title 10.

4 ‘‘(d) The Secretary concerned shall designate the adju5 tants general referred to in section 314 of this title to em6 ploy and administer the technicians authorized by this sec7 tion.

8 ‘‘(e) A technician employed under subsection (a) is an

9 employee of the Department of the Army or the Department

10 of the Air Force, as the case may be, and an employee of

11 the United States. However, a position authorized by this

12 section is outside the competitive service if the technician

13 employed in that position is required under subsection (b)

14 to be a member of the National Guard.

15 ‘‘(f) Notwithstanding any other provision of law and

16 under regulations prescribed by the Secretary concerned—

17 ‘‘(1) a person employed under subsection (a) who

18 is a military technician (dual status) and otherwise

19 subject to the requirements of subsection (b) who—

20 ‘‘(A) is separated from the National Guard

21 or ceases to hold the military grade specified by

22 the Secretary concerned for that position shall be

23 promptly separated from military technician

24 (dual status) employment by the adjutant gen25 eral of the jurisdiction concerned; and
118

•S 1059 EAH

1 ‘‘(B) fails to meet the military security

2 standards established by the Secretary concerned

3 for a member of a reserve component under his

4 jurisdiction may be separated from employment

5 as a military technician (dual status) and con6 currently discharged from the National Guard by

7 the adjutant general of the jurisdiction con8 cerned;

9 ‘‘(2) a technician may, at any time, be separated

10 from his technician employment for cause by the ad11 jutant general of the jurisdiction concerned;

12 ‘‘(3) a reduction in force, removal, or an adverse

13 action involving discharge from technician employ14 ment, suspension, furlough without pay, or reduction

15 in rank or compensation shall be accomplished by the

16 adjutant general of the jurisdiction concerned;

17 ‘‘(4) a right of appeal which may exist with re18 spect to paragraph (1), (2), or (3) shall not extend be19 yond the adjutant general of the jurisdiction con20 cerned; and

21 ‘‘(5) a technician shall be notified in writing of

22 the termination of his employment as a technician

23 and, unless the technician is serving under a tem24 porary appointment, is serving in a trial or proba25 tionary period, or has voluntarily ceased to be a
119

•S 1059 EAH

1 member of the National Guard when such membership

2 is a condition of employment, such notification shall

3 be given at least 30 days before the termination date

4 of such employment.

5 ‘‘(g) Sections 2108, 3502, 7511, and 7512 of title 5

6 do not apply to a person employed under this section.

7 ‘‘(h) Notwithstanding sections 5544(a) and 6101(a) of

8 title 5 or any other provision of law, the Secretary con9 cerned may prescribe the hours of duty for technicians. Not10 withstanding sections 5542 and 5543 of title 5 or any other

11 provision of law, such technicians shall be granted an

12 amount of compensatory time off from their scheduled tour

13 of duty equal to the amount of any time spent by them

14 in irregular or overtime work, and shall not be entitled to

15 compensation for such work.

16 ‘‘(i) The Secretary concerned may not prescribe for

17 purposes of eligibility for Federal recognition under section

18 301 of this title a qualification applicable to technicians

19 employed under subsection (a) that is not applicable pursu20 ant to that section to the other members of the National

21 Guard in the same grade, branch, position, and type of unit

22 or organization involved.’’.

23 SEC. 525. EFFECTIVE DATE.

24 The amendments made by sections 523 and 524 shall

25 take effect 180 days after the date of the receipt by Congress
120

•S 1059 EAH

1 of the plan required by section 523(d) of the National De2 fense Authorization Act for Fiscal Year 1998 (Public Law

3 105–85; 111 Stat. 1737) or a report by the Secretary of

4 Defense providing an alternative proposal to the plan re5 quired by that section.

6 SEC. 526. SECRETARY OF DEFENSE REVIEW OF ARMY TECH7 NICIAN COSTING PROCESS.

8 (a) REVIEW.—The Secretary of Defense shall review

9 the process used by the Army, including use of the Civilian

10 Manpower Obligation Resources (CMOR) model, to develop

11 estimates of the annual authorizations and appropriations

12 required for civilian personnel of the Department of the

13 Army generally and for National Guard and Army Reserve

14 technicians in particular. Based upon the review, the Sec15 retary shall direct that any appropriate revisions to that

16 process be implemented.

17 (b) PURPOSE OF REVIEW.—The purpose of the review

18 shall be to ensure that the process referred to in subsection

19 (a) does the following:

20 (1) Accurately and fully incorporates all the ac21 tual cost factors for such personnel, including particu22 larly those factors necessary to recruit, train, and sus23 tain a qualified technician workforce.

24 (2) Provides estimates of required annual appro25 priations required to fully fund all the technicians
121

•S 1059 EAH

1 (both dual status and non-dual status) requested in

2 the President’s budget.

3 (3) Eliminates inaccuracies in the process that

4 compel both the Army Reserve and the Army Na5 tional Guard either (A) to reduce the number of mili6 tary technicians (dual status) below the statutory

7 floors without corresponding force structure reduc8 tions, or (B) to transfer funds from other appropria9 tions simply to provide the required funding for mili10 tary technicians (dual status).

11 (c) REPORT.—The Secretary of Defense shall submit

12 to the Committee on Armed Services of the Senate and the

13 Committee on Armed Services of the House of Representa14 tives a report containing the results of the review under15 taken under this section, together with a description of cor16 rective actions taken and proposed, not later than March

17 31, 2000.

18 SEC. 527. FISCAL YEAR 2000 LIMITATION ON NUMBER OF

19 NON-DUAL STATUS TECHNICIANS.

20 The number of civilian employees who are non-dual

21 status technicians of a reserve component of the Army or

22 Air Force as of September 30, 2000, may not exceed the

23 following:

24 (1) For the Army Reserve, 1,295.
122

•S 1059 EAH

1 (2) For the Army National Guard of the United

2 States, 1,800.

3 (3) For the Air Force Reserve, 0.

4 (4) For the Air National Guard of the United

5 States, 342.

6 Subtitle D—Service Academies

7 SEC. 531. WAIVER OF REIMBURSEMENT OF EXPENSES FOR

8 INSTRUCTION AT SERVICE ACADEMIES OF

9 PERSONS FROM FOREIGN COUNTRIES.

10 (a) UNITED STATES MILITARY ACADEMY.—Section

11 4344(b)(3) of title 10, United States Code, is amended—

12 (1) by striking ‘‘35 percent’’ and inserting ‘‘50

13 percent’’; and

14 (2) by striking ‘‘five persons’’ and inserting ‘‘20

15 persons’’.

16 (b) NAVAL ACADEMY.—Section 6957(b)(3) of such title

17 is amended—

18 (1) by striking ‘‘35 percent’’ and inserting ‘‘50

19 percent’’; and

20 (2) by striking ‘‘five persons’’ and inserting ‘‘20

21 persons’’.

22 (c) AIR FORCE ACADEMY.—Section 9344(b)(3) of such

23 title is amended—

24 (1) by striking ‘‘35 percent’’ and inserting ‘‘50

25 percent’’; and
123

•S 1059 EAH

1 (2) by striking ‘‘five persons’’ and inserting ‘‘20

2 persons’’.

3 (d) EFFECTIVE DATE.—The amendments made by this

4 section apply with respect to students from a foreign coun5 try entering the United States Military Academy, the

6 United States Naval Academy, or the United States Air

7 Force Academy on or after May 1, 1999.

8 SEC. 532. COMPLIANCE BY UNITED STATES MILITARY ACAD9 EMY WITH STATUTORY LIMIT ON SIZE OF

10 CORPS OF CADETS.

11 (a) COMPLIANCE REQUIRED.—(1) The Secretary of the

12 Army shall take such action as necessary to ensure that the

13 United States Military Academy is in compliance with the

14 USMA cadet strength limit not later than the day before

15 the last day of the 2001–2002 academic year.

16 (2) The Secretary of the Army may provide for a vari17 ance to the USMA cadet strength limit—

18 (A) as of the day before the last day of the 1999-

19 2000 academic year of not more than 5 percent; and

20 (B) as of the day before the last day of the 2000-

2001 academic year of not more than 21 21 ⁄2 percent.

22 (3) For purposes of this subsection—

23 (A) the USMA cadet strength limit is the max24 imum of 4,000 cadets established for the Corps of Ca25 dets at the United States Military Academy by sec-
124

•S 1059 EAH

1 tion 511 of the National Defense Authorization Act

2 for Fiscal Years 1992 and 1993 (Public Law 102–

3 190; 10 U.S.C. 4342 note), reenacted in section

4 4342(a) of title 10, United States Code, by the

5 amendment made by subsection (b)(1); and

6 (B) the last day of the 2001–2002 academic year

7 is the day on which the class of 2002 graduates.

8 (b) REENACTMENT OF LIMITATION.—

9 (1) ARMY.—Section 4342 of title 10, United

10 States Code, is amended—

11 (A) in subsection (a), by striking ‘‘is as fol12 lows:’’ in the matter preceding paragraph (1)

13 and inserting ‘‘(determined for any year as of

14 the day before the last day of the academic year)

15 is 4,000. Subject to that limitation, cadets are

16 selected as follows:’’; and

17 (B) by adding at the end the following new

18 subsection:

19 ‘‘(i) For purposes of the limitation under subsection

20 (a), the last day of an academic year is graduation day.’’.

21 (2) NAVY.—Section 6954 of such title is

22 amended—

23 (A) by striking the matter preceding para24 graph (1) and inserting the following:
125

•S 1059 EAH

1 ‘‘(a) The authorized strength of the Brigade of Mid2 shipmen (determined for any year as of the day before the

3 last day of the academic year) is 4,000. Subject to that limi4 tation, midshipmen are selected as follows:’’; and

5 (B) by adding at the end the following new

6 subsection:

7 ‘‘(g) For purposes of the limitation under subsection

8 (a), the last day of an academic year is graduation day.’’.

9 (3) AIR FORCE.—Section 9342 of such title is

10 amended—

11 (A) in subsection (a), by striking ‘‘is as fol12 lows:’’ in the matter preceding paragraph (1)

13 and inserting ‘‘(determined for any year as of

14 the day before the last day of the academic year)

15 is 4,000. Subject to that limitation, Air Force

16 Cadets are selected as follows:’’; and

17 (B) by adding at the end the following new

18 subsection:

19 ‘‘(i) For purposes of the limitation under subsection

20 (a), the last day of an academic year is graduation day.’’.

21 (4) CONFORMING REPEAL.—Section 511 of the

22 National Defense Authorization Act for Fiscal Years

23 1992 and 1993 (Public Law 102–190; 10 U.S.C. 4342

24 note) is repealed.
126

•S 1059 EAH

1 SEC. 533. DEAN OF ACADEMIC BOARD, UNITED STATES

2 MILITARY ACADEMY AND DEAN OF THE FAC3 ULTY, UNITED STATES AIR FORCE ACADEMY.

4 (a) DEAN OF THE ACADEMIC BOARD, USMA.—Section

5 4335 of title 10, United States Code, is amended by adding

6 at the end the following new subsection:

7 ‘‘(c) While serving as Dean of the Academic Board,

8 an officer of the Army who holds a grade lower than briga9 dier general shall hold the grade of brigadier general, if ap10 pointed to that grade by the President, by and with the

11 advice and consent of the Senate. The retirement age of an

12 officer so appointed is that of a permanent professor of the

13 Academy. An officer so appointed is counted for purposes

14 of the limitation in section 526(a) of this title on general

15 officers of the Army on active duty.’’.

16 (b) DEAN OF THE FACULTY, USAFA.—Section 9335

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

18 (1) by inserting ‘‘(a)’’ at the beginning of the

19 text of the section; and

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(b) While serving as Dean of the Faculty, an officer

23 of the Air Force who holds a grade lower than brigadier

24 general shall hold the grade of brigadier general, if ap25 pointed to that grade by the President, by and with the

26 advice and consent of the Senate. The retirement age of an
127

•S 1059 EAH

1 officer so appointed is that of a permanent professor of the

2 Academy An officer so appointed is counted for purposes

3 of the limitation in section 526(a) of this title on general

4 officers of the Air Force on active duty.’’.

5 SEC. 534. EXCLUSION FROM CERTAIN GENERAL AND FLAG

6 OFFICER GRADE STRENGTH LIMITATIONS

7 FOR THE SUPERINTENDENTS OF THE SERV8 ICE ACADEMIES.

9 Section 525(b) of title 10, United States Code, is

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

11 ‘‘(7) An officer of the Army while serving as Super12 intendent of the United States Military Academy, if serving

13 in the grade of lieutenant general, is in addition to the

14 number that would otherwise be permitted for the Army for

15 officers serving on active duty in grades above major gen16 eral under paragraph (1). An officer of the Navy or Marine

17 Corps while serving as Superintendent of the United States

18 Naval Academy, if serving in the grade of vice admiral or

19 lieutenant general, is in addition to the number that would

20 otherwise be permitted for the Navy or Marine Corps, re21 spectively, for officers serving on active duty in grades

22 above major general or rear admiral under paragraph (1)

23 or (2). An officer while serving as Superintendent of the

24 United Air Force Academy, if serving in the grade of lieu25 tenant general, is in addition to the number that would
128

•S 1059 EAH

1 otherwise be permitted for the Air Force for officers serving

2 on active duty in grades above major general under para3 graph (1).’’.

4 Subtitle E—Education and

5 Training

6 SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE

7 INTERNATIONAL STUDENT PROGRAM AT THE

8 SENIOR MILITARY COLLEGES.

9 (a) IN GENERAL.—(1) Chapter 103 of title 10, United

10 States Code, is amended by adding at the end the following

11 new section:

12 ‘‘§ 2111b. Senior military colleges: Department of De13 fense international student program

14 ‘‘(a) PROGRAM REQUIREMENT.—The Secretary of De15 fense shall establish a program to facilitate the enrollment

16 and instruction of persons from foreign countries as inter17 national students at the senior military colleges.

18 ‘‘(b) PURPOSES.—The purposes of the program shall

19 be—

20 ‘‘(1) to provide a high-quality, cost-effective mili21 tary-based educational experience for international

22 students in furtherance of the military-to-military

23 program objectives of the Department of Defense; and

24 ‘‘(2) to enhance the educational experience and

25 preparation of future United States military leaders
129

•S 1059 EAH

1 through increased, extended interaction with highly

2 qualified potential foreign military leaders.

3 ‘‘(c) COORDINATION WITH THE SENIOR MILITARY COL4 LEGES.—Guidelines for implementation of the program

5 shall be developed in coordination with the senior military

6 colleges.

7 ‘‘(d) RECOMMENDATIONS FOR ADMISSION OF STU8 DENTS UNDER THE PROGRAM.—The Secretary of Defense

9 shall annually identify to the senior military colleges the

10 international students who, based on criteria established by

11 the Secretary, the Secretary recommends be considered for

12 admission under the program. The Secretary shall identify

13 the recommended international students to the senior mili14 tary colleges as early as possible each year to enable those

15 colleges to consider them in a timely manner in their re16 spective admissions processes.

17 ‘‘(e) DOD FINANCIAL SUPPORT.—An international

18 student who is admitted to a senior military college under

19 the program under this section is responsible for the cost

20 of instruction at that college. The Secretary of Defense may,

21 from funds available to the Department of Defense other

22 than funds available for financial assistance under section

23 2107a of this title, provide some or all of the costs of instruc24 tion for any such student.’’.
130

•S 1059 EAH

1 (2) The table of sections at the beginning of such chap2 ter is amended by adding at the end the following new item:

‘‘2111b. Senior military colleges: Department of Defense international student

program.’’.

3 (b) EFFECTIVE DATE.—The Secretary of Defense shall

4 implement the program under section 2111b of title 10,

5 United States Code, as added by subsection (a), with stu6 dents entering the senior military colleges after May 1,

7 2000.

8 (c) REPEAL OF OBSOLETE PROVISION.—Section

9 2111a(e)(1) of title 10, United States Code, is amended by

10 striking the second sentence.

11 (d) FISCAL YEAR 2000 FUNDING.—Of the amounts

12 made available to the Department of Defense for fiscal year

13 2000 pursuant to section 301, $2,000,000 shall be available

14 for financial support for international students under sec15 tion 2111b of title 10, United States Code, as added by sub16 section (a).

17 SEC. 542. AUTHORITY FOR ARMY WAR COLLEGE TO AWARD

18 DEGREE OF MASTER OF STRATEGIC STUDIES.

19 (a) AUTHORITY.—Chapter 401 of title 10, United

20 States Code, is amended by adding at the end the following

21 new section:
131

•S 1059 EAH

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 strategic

7 studies upon graduates of the college who have fulfilled the

8 requirements for that degree.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of such chapter is amended by adding at the

11 end the following new item:

‘‘4321. United States Army War College: master of strategic studies degree.’’.

12 SEC. 543. AUTHORITY FOR AIR UNIVERSITY TO AWARD

13 GRADUATE-LEVEL DEGREES.

14 (a) IN GENERAL.—Subsection (a) of section 9317 of

15 title 10, United States Code, is amended to read as follows:

16 ‘‘(a) AUTHORITY.—Upon recommendation of the fac17 ulty of the appropriate school, the commander of the Air

18 University may confer—

19 ‘‘(1) the degree of master of strategic studies

20 upon graduates of the Air War College who fulfill the

21 requirements for that degree;

22 ‘‘(2) the degree of master of military operational

23 art and science upon graduates of the Air Command

24 and Staff College who fulfill the requirements for that

25 degree; and
132

•S 1059 EAH

1 ‘‘(3) the degree of master of airpower art and

2 science upon graduates of the School of Advanced Air

3 power Studies who fulfill the requirements for that de4 gree.’’.

5 (b) CLERICAL AMENDMENTS.—(1) The heading for

6 that section is amended to read:

7 ‘‘§ 9317. Air University: graduate-level degrees’’.

8 (2) The item relating to that section in the table of

9 sections at the beginning of chapter 901 of such title is

10 amended to read as follows:

‘‘9317. Air University: graduate-level degrees.’’.

11 SEC. 544. CORRECTION OF RESERVE CREDIT FOR PARTICI12 PATION IN HEALTH PROFESSIONAL SCHOL13 ARSHIP AND FINANCIAL ASSISTANCE PRO14 GRAM.

15 Section 2126(b) of title 10, United States Code, is

16 amended—

17 (1) in paragraph (2)—

18 (A) by striking ‘‘only for’’ and all that fol19 lows through ‘‘Award of’’ and inserting ‘‘only for

20 the award of’’; and

21 (B) by striking subparagraph (B);

22 (2) in paragraph (3) by striking ‘‘paragraph

23 (2)(A), a member’’ and inserting ‘‘paragraph (2), a

24 member who completes a satisfactory year of service

25 in the Selected Reserve’’;
133

•S 1059 EAH

1 (3) by redesignating paragraph (5) as para2 graph (6); and

3 (4) by inserting after paragraph (4) the fol4 lowing new paragraph (5):

5 ‘‘(5) A member of the Selected Reserve who is

6 awarded points or service credit under this subsection

7 shall not be considered to have been in an active sta8 tus, by reason of the award of the points or credit,

9 while pursuing a course of study under this sub10 chapter for purposes of any provision of law other

11 than sections 12732(a) and 12733(3) of this title.’’.

12 SEC. 545. PERMANENT EXPANSION OF ROTC PROGRAM TO

13 INCLUDE GRADUATE STUDENTS.

14 (a) PERMANENT AUTHORITY FOR THE ROTC GRAD15 UATE PROGRAM.—Paragraph (2) of section 2107(c)(2) of

16 title 10, United States Code, is amended to read as follows:

17 ‘‘(2) The Secretary concerned may provide financial

18 assistance, as described in paragraph (1), to a student en19 rolled in an advanced education program beyond the bacca20 laureate degree level if the student also is a cadet or mid21 shipman in an advanced training program. Not more than

22 15 percent of the total number of scholarships awarded

23 under this section in any year may be awarded under the

24 program.’’.
134

•S 1059 EAH

1 (b) AUTHORITY TO ENROLL IN ADVANCED TRAINING

2 PROGRAM.—Section 2101(3) of title 10, United States Code,

3 is amended by inserting ‘‘students enrolled in an advanced

4 education program beyond the baccalaureate degree level or

5 to’’ after ‘‘instruction offered in the Senior Reserve Officers’

6 Training Corps to’’.

7 SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOW8 ANCE FOR SENIOR ROTC CADETS SELECTED

9 FOR ADVANCED TRAINING.

10 (a) INCREASE.—Section 209(a) of title 37, United

11 States Code, is amended by striking ‘‘$150 a month’’ and

12 inserting ‘‘$200 a month’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect on October 1, 1999.

15 SEC. 547. CONTINGENT FUNDING INCREASE FOR JUNIOR

16 ROTC PROGRAM.

17 (a) IN GENERAL.—(1) Chapter 102 of title 10, United

18 States Code, is amended by adding at the end the following

19 new section:

20 ‘‘§ 2033. Contingent funding increase

21 ‘‘If for any fiscal year the amount appropriated for

22 the National Guard Challenge Program under section 509

23 of title 32 is in excess of $62,500,000, the Secretary of De24 fense shall (notwithstanding any other provision of law)

25 make the amount in excess of $62,500,000 available for the
135

•S 1059 EAH

1 Junior Reserve Officers’ Training Corps program under

2 section 2031 of this title, and such excess amount may not

3 be used for any other purpose.’’.

4 (2) The table of sections at the beginning of such chap5 ter is amended by adding at the end the following new item:

‘‘2033. Contingent funding increase.’’.

6 (b) EFFECTIVE DATE.—Section 2033 of title 10,

7 United States Code, as added by subsection (a), shall apply

8 only with respect to funds appropriated for fiscal years

9 after fiscal year 1999.

10 SEC. 548. CHANGE FROM ANNUAL TO BIENNIAL REPORTING

11 UNDER THE RESERVE COMPONENT MONT12 GOMERY GI BILL.

13 (a) IN GENERAL.—Section 16137 of title 10, United

14 States Code, is amended to read as follows:

15 ‘‘§ 16137. Biennial report to Congress

16 ‘‘The Secretary of Defense shall submit to Congress a

17 report not later than March 1 of each odd-numbered year

18 concerning the operation of the educational assistance pro19 gram established by this chapter during the preceding two

20 fiscal years. Each such report shall include the number of

21 members of the Selected Reserve of the Ready Reserve of

22 each armed force receiving, and the number entitled to re23 ceive, educational assistance under this chapter during

24 those fiscal years.’’.
136

•S 1059 EAH

1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 1606 of such title is amended to

3 read as follows:

‘‘16137. Biennial report to Congress.’’.

4 SEC. 549. RECODIFICATION AND CONSOLIDATION OF STAT5 UTES DENYING FEDERAL GRANTS AND CON6 TRACTS BY CERTAIN DEPARTMENTS AND

7 AGENCIES TO INSTITUTIONS OF HIGHER

8 EDUCATION THAT PROHIBIT SENIOR ROTC

9 UNITS OR MILITARY RECRUITING ON CAM10 PUS.

11 (a) RECODIFICATION AND CONSOLIDATION FOR LIMI12 TATIONS ON FEDERAL GRANTS AND CONTRACTS.—(1) Sec13 tion 983 of title 10, United States Code, is amended to read

14 as follows:

15 ‘‘§ 983. Institutions of higher education that prevent

16 ROTC access or military recruiting on

17 campus: denial of grants and contracts

18 from Department of Defense, Department

19 of Education, and certain other depart20 ments and agencies

21 ‘‘(a) DENIAL OF FUNDS FOR PREVENTING ROTC AC22 CESS TO CAMPUS.—No funds described in subsection (d)

23 may be provided by contract or by grant (including a grant

24 of funds to be available for student aid) to a covered edu25 cational entity if the Secretary of Defense determines that
137

•S 1059 EAH

1 the covered educational entity has a policy or practice (re2 gardless of when implemented) that either prohibits, or in

3 effect prevents—

4 ‘‘(1) the Secretary of a military department from

5 maintaining, establishing, or operating a unit of the

6 Senior Reserve Officer Training Corps (in accordance

7 with section 654 of this title and other applicable

8 Federal laws) at the covered educational entity; or

9 ‘‘(2) a student at the covered educational entity

10 from enrolling in a unit of the Senior Reserve Officer

11 Training Corps at another institution of higher edu12 cation.

13 ‘‘(b) DENIAL OF FUNDS FOR PREVENTING MILITARY

14 RECRUITING ON CAMPUS.—No funds described in sub15 section (d) may be provided by contract or by grant (in16 cluding a grant of funds to be available for student aid)

17 to a covered educational entity if the Secretary of Defense

18 determines that the covered educational entity has a policy

19 or practice (regardless of when implemented) that either

20 prohibits, or in effect prevents—

21 ‘‘(1) the Secretary of a military department from

22 gaining entry to campuses, or access to students (who

23 are 17 years of age or older) on campuses, for pur24 poses of military recruiting; or
138

•S 1059 EAH

1 ‘‘(2) access by military recruiters for purposes of

2 military recruiting to the following information per3 taining to students (who are 17 years of age or older)

4 enrolled at the covered educational entity:

5 ‘‘(A) Names, addresses, and telephone list6 ings.

7 ‘‘(B) Date and place of birth, levels of edu8 cation, academic majors, degrees received, and

9 the most recent educational institution enrolled

10 in by the student.

11 ‘‘(c) EXCEPTIONS.—The limitation established in sub12 section (a) or (b) shall not apply to a covered educational

13 entity if the Secretary of Defense determines that—

14 ‘‘(1) the covered educational entity has ceased the

15 policy or practice described in that subsection; or

16 ‘‘(2) the institution of higher education involved

17 has a longstanding policy of pacifism based on histor18 ical religious affiliation.

19 ‘‘(d) COVERED FUNDS.—The limitations established in

20 subsections (a) and (b) apply to the following:

21 ‘‘(1) Any funds made available for the Depart22 ment of Defense.

23 ‘‘(2) Any funds made available in a Depart24 ments of Labor, Health and Human Services, and

25 Education, and Related Agencies Appropriations Act.
139

•S 1059 EAH

1 ‘‘(e) NOTICE OF DETERMINATIONS.—Whenever the

2 Secretary of Defense makes a determination under sub3 section (a), (b), or (c), the Secretary—

4 ‘‘(1) shall transmit a notice of the determination

5 to the Secretary of Education and to Congress; and

6 ‘‘(2) shall publish in the Federal Register a no7 tice of the determination and the effect of the deter8 mination on the eligibility of the covered educational

9 entity for contracts and grants.

10 ‘‘(f) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—

11 The Secretary of Defense shall publish in the Federal Reg12 ister once every six months a list of each covered educational

13 entity that is currently ineligible for contracts and grants

14 by reason of a determination of the Secretary under sub15 section (a) or (b).

16 ‘‘(g) COVERED EDUCATIONAL ENTITY.—In this sec17 tion, the term ‘covered educational entity’ means an institu18 tion of higher education, or a subelement of an institution

19 of higher education.’’.

20 (2) The item relating to section 983 in the table of

21 sections at the beginning of such chapter is amended to read

22 as follows:

‘‘983. Institutions of higher education that prevent ROTC access or military recruiting on campus: denial of grants and contracts from Department of Defense, Department of Education, and certain other departments and agencies.’’.
140

•S 1059 EAH

1 (b) REPEAL OF CODIFIED PROVISIONS.—The following

2 provisions of law are repealed:

3 (1) Section 558 of the National Defense Author4 ization Act for Fiscal Year 1995 (Public Law 103–

5 337; 10 U.S.C. 503 note).

6 (2) Section 514 of the Departments of Labor,

7 Health and Human Services, and Education, and Re8 lated Agencies Appropriations Act, 1997 (as con9 tained in section 101(e) of division A of Public Law

10 104–208; 110 Stat. 3009–270; 10 U.S.C. 503 note).

11 Subtitle F—Decorations and

12 Awards

13 SEC. 551. WAIVER OF TIME LIMITATIONS FOR AWARD OF

14 CERTAIN DECORATIONS TO CERTAIN PER15 SONS.

16 (a) WAIVER.—Any limitation established by law or

17 policy for the time within which a recommendation for the

18 award of a military decoration or award must be submitted

19 shall not apply to awards of decorations described in this

20 section, the award of each such decoration having been de21 termined by the Secretary of the military department con22 cerned to be warranted in accordance with section 1130 of

23 title 10, United States Code.

24 (b) DISTINGUISHED FLYING CROSS.—Subsection (a)

25 applies to the award of the Distinguished Flying Cross for
141

•S 1059 EAH

1 service during World War II or Korea (including multiple

2 awards to the same individual) in the case of each indi3 vidual concerning whom the Secretary of the Navy (or an

4 officer of the Navy acting on behalf of the Secretary) sub5 mitted to the Committee on Armed Services of the House

6 of Representatives and the Committee on Armed Services

7 of the Senate, during the period beginning on October 17,

8 1998, and ending on the day before the date of the enact9 ment of this Act, a notice as provided in section 1130(b)

10 of title 10, United States Code, that the award of the Distin11 guished Flying Cross to that individual is warranted and

12 that a waiver of time restrictions prescribed by law for rec13 ommendation for such award is recommended.

14 SEC. 552. SENSE OF CONGRESS CONCERNING PRESI15 DENTIAL UNIT CITATION FOR CREW OF THE

16 U.S.S. INDIANAPOLIS.

17 (a) FINDINGS.—Congress reaffirms the findings made

18 in section 1052(a) of the National Defense Authorization

19 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

20 2844) that the heavy cruiser U.S.S. INDIANAPOLIS (CA–

21 35)—

22 (1) served the people of the United States with

23 valor and distinction throughout World War II in ac24 tion against enemy forces in the Pacific Theater of

25 Operations from December 7, 1941 to July 29, 1945;
142

•S 1059 EAH

1 (2) with her courageous and capable crew, com2 piled an impressive combat record during the war in

3 the Pacific, receiving in the process 10 battle stars in

4 actions from the Aleutians to Okinawa;

5 (3) rendered invaluable service in anti-shipping,

6 shore bombardment, anti-air, and invasion support

7 roles and serving as flagship for the Fifth Fleet under

8 Admiral Raymond Spruance and flagship for the

9 Third Fleet under Admiral William F. Halsey; and

10 (4) transported the world’s first operational

11 atomic bomb from the United States to the Island of

12 Tinian, accomplishing that mission at a record aver13 age speed of 29 knots.

14 (b) FURTHER FINDINGS.—Congress further finds

15 that—

16 (1) from participation in the earliest offensive

17 actions in the Pacific during World War II to her

18 pivotal role in delivering the weapon that brought the

19 war to an end, the U.S.S. INDIANAPOLIS and her

20 crew left an indelible imprint on the Nation’s struggle

21 to eventual victory in the war in the Pacific; and

22 (2) the selfless, courageous, and outstanding per23 formance of duty by that ship and her crew through24 out the war in the Pacific reflects great credit upon
143

•S 1059 EAH

1 the ship and her crew, thus upholding the very highest

2 traditions of the United States Navy.

3 (c) SENSE OF CONGRESS.—It is the sense of Congress

4 that the President should award a Presidential Unit Cita5 tion to the crew of the U.S.S. INDIANAPOLIS (CA–35)

6 in recognition of the courage and skill displayed by the

7 members of the crew of that vessel throughout World War

8 II.

9 (2) A citation described in paragraph (1) may be

10 awarded without regard to any provision of law or regula11 tion prescribing a time limitation that is otherwise applica12 ble with respect to recommendation for, or the award of,

13 such a citation.

14 SEC. 553. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO

15 ALFRED RASCON FOR VALOR DURING THE

16 VIETNAM CONFLICT.

17 (a) WAIVER OF TIME LIMITATIONS.—Notwithstanding

18 the time limitations specified in section 3744 of title 10,

19 United States Code, or any other time limitation with re20 spect to the awarding of certain medals to persons who

21 served in the Army, the President may award the Medal

22 of Honor under section 3741 of that title to Alfred Rascon,

23 of Laurel, Maryland, for the acts of valor described in sub24 section (b).
144

•S 1059 EAH

1 (b) ACTION DESCRIBED.—The acts of valor referred to

2 in subsection (a) are the actions of Alfred Rascon on March

3 16, 1966, as an Army medic, serving in the grade of Spe4 cialist Four in the Republic of Vietnam with the Reconnais5 sance Platoon, Headquarters Company, 1st Battalion,

6 503rd Infantry, 173rd Airborne Brigade (Separate), during

7 a combat operation known as Silver City.

8 Subtitle G—Other Matters

9 SEC. 561. REVISION IN AUTHORITY TO ORDER RETIRED

10 MEMBERS TO ACTIVE DUTY.

11 (a) PERIOD OF RECALL SERVICE FOR RETIRED MEM12 BERS ORDERED TO ACTIVE DUTY.—Section 688(e) of title

13 10, United States Code, is amended by striking ‘‘for more

14 than 12 months within 24 months’’ and inserting ‘‘for more

15 than 36 months within 48 months’’.

16 (b) LIMITATION ON NUMBER.—Section 690(b)(1) of

17 such title is amended by striking ‘‘Not more than 25 offi18 cers’’ and inserting ‘‘In addition to the officers subject to

19 subsection (a), not more than 150 officers’’.

20 (c) EXCLUSION FROM LIMITATION OF MEMBERS OF

21 RETIREE COUNCILS.—Section 690(b)(2) of such title is

22 amended by adding at the end the following new subpara23 graph:
145

•S 1059 EAH

1 ‘‘(D) Any officer assigned to duty as a member

2 of the Army, Navy, or Air Force Retiree Council for

3 the period of active duty to which ordered.’’.

4 (d) EXCLUSION FROM LIMITATION OF OFFICERS RE5 CALLED FOR 60 DAYS OR LESS.—Section 690 of such title

6 is further amended—

7 (1) by striking the second sentence of subsection

8 (a);

9 (2) by redesignating subsection (c) as subsection

10 (d); and

11 (3) by inserting after subsection (b) the following

12 new subsection (c):

13 ‘‘(c) EXCLUSION FROM LIMITATIONS OF OFFICERS RE14 CALLED FOR 60 DAYS OR LESS.—A retired officer ordered

15 to active duty for a period of 60 days or less shall not be

16 counted for the purposes of subsection (a) or (b).’’.

17 SEC. 562. TEMPORARY AUTHORITY FOR RECALL OF RE18 TIRED AVIATORS.

19 (a) AUTHORITY.—During the retired aviator recall pe20 riod, the Secretary of a military department may recall to

21 active duty any retired officer having expertise as an avi22 ator to fill staff positions normally filled by active duty

23 aviators. Any such recall may only be with the consent of

24 the officer recalled.
146

•S 1059 EAH

1 (b) LIMITATION.—No more than a total of 500 officers

2 may be on active duty at any time under subsection (a).

3 (c) TERMINATION.—Each officer recalled to active duty

4 under subsection (a) during the retired aviator recall period

5 shall be released from active duty not later than one year

6 after the end of such period.

7 (d) WAIVERS.—Officers recalled to active duty under

8 subsection (a) shall not be counted for purposes of section

9 668 or 690 of title 10, United States Code.

10 (e) RETIRED AVIATOR RECALL PERIOD.—For pur11 poses of this section, the term ‘‘retired aviator recall period’’

12 means the period beginning on October 1, 1999, and ending

13 on September 30, 2002.

14 (f) REPORT.—Not later than March 31, 2002, the Sec15 retary of Defense submit to the Committee on Armed Serv16 ices of the Senate and the Committee on Armed Service of

17 the House of Representatives a report on the use of the au18 thority under this section, together with the Secretary’s rec19 ommendation for extension of that authority.

20 SEC. 563. SERVICE REVIEW AGENCIES COVERED BY PRO21 FESSIONAL STAFFING REQUIREMENT.

22 Section 1555(c)(2) of title 10, United States Code, is

23 amended by inserting ‘‘the Navy Council of Personnel

24 Boards and’’ after ‘‘Department of the Navy,’’.
147

•S 1059 EAH

1 SEC. 564. CONFORMING AMENDMENT TO AUTHORIZE RE2 SERVE OFFICERS AND RETIRED REGULAR OF3 FICERS TO HOLD A CIVIL OFFICE WHILE

4 SERVING ON ACTIVE DUTY FOR NOT MORE

5 THAN 270 DAYS.

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

7 amended—

8 (1) in subparagraph (B), by striking ‘‘180 days’’

9 and inserting ‘‘270 days’’; and

10 (2) in subparagraph (C), by striking ‘‘180 days’’

11 and inserting ‘‘270 days’’.

12 SEC. 565. REVISION TO REQUIREMENT FOR HONOR GUARD

13 DETAILS AT FUNERALS OF VETERANS.

14 (a) COMPOSITION OF HONOR GUARD DETAILS.—Sub15 section (b) of section 1491 of title 10, United States Code,

16 is amended by striking ‘‘consists of’’ and all that follows

17 through the period and inserting ‘‘consists of not less than

18 two persons, who shall, at a minimum, perform a ceremony

19 to fold and present a United States flag to the deceased vet20 eran’s family and who shall (unless a bugler is part of the

21 detail) have the capability to play a recorded version of

22 Taps. At least one member of an honor guard detail pro23 vided in response to a request to the Department of Defense

24 shall be a member of the same armed force as the deceased

25 veteran.’’.
148

•S 1059 EAH

1 (b) SUPPORT FOR NONGOVERNMENTAL ORGANIZA2 TIONS.—Such section is further amended—

3 (1) by redesignating subsections (d), (e), and (f)

4 as subsections (e), (f), and (h), respectively; and

5 (2) by inserting after subsection (c) the following

6 new subsection (d):

7 ‘‘(d) SUPPORT FOR NONGOVERNMENTAL ORGANIZA8 TIONS.—The Secretary of a military department shall pro9 vide material, equipment, and training to support qualified

10 nongovernmental organizations, as necessary for the sup11 port of honor guard activities. The Secretary shall prescribe

12 by regulation standards for determining what nongovern13 mental organizations are qualified for purposes of this sub14 section, the type of support that may be provided under

15 this subsection, and the manner in which such support is

16 provided.’’.

17 (c) IMPLEMENTING OSD REGULATIONS.—Subsection

18 (e) of such section, as redesignated by subsection (b)(1), is

19 amended by striking the last two sentences and inserting

20 the following: ‘‘The Secretary shall require that procedures

21 be established by the Secretaries of the military departments

22 for coordinating and responding to requests for honor guard

23 details, for establishing standards and protocols for, re24 sponding to requests for and conducting military funeral

25 honors, and for providing training and quality control.’’.
149

•S 1059 EAH

1 (d) WAIVER AUTHORITY.—Such section is further

2 amended by inserting after subsection (f), as redesignated

3 by subsection (b)(1), the following new subsection:

4 ‘‘(g) WAIVER AUTHORITY.—(1) The Secretary of De5 fense may waive any of the provisions of this section when

6 the Secretary determines that such a waiver is necessary

7 because of a contingency operation or when the Secretary

8 otherwise considers such a waiver to be necessary to meet

9 military requirements. The authority to make such a waiver

10 may not be delegated to any official of a military depart11 ment other than the Secretary of the military department

12 and may not be delegated within the Office of the Secretary

13 of Defense to an official at a level below Under Secretary

14 of Defense.’’.

15 ‘‘(2) Whenever a waiver is granted under paragraph

16 (1), the Secretary of Defense shall promptly submit notice

17 of the waiver to the Committee on Armed Services of the

18 Senate and the Committee on Armed Services of the House

19 of Representatives.’’.

20 (e) COVERAGE OF CERTAIN RESERVISTS.—Such sec21 tion is further amended by striking the period at the end

22 of subsection (h), as redesignated by subsection (b)(1), and

23 inserting ‘‘and includes a deceased member or former mem24 ber of the Selected Reserve described in section 2301(f) of

25 title 38.’’.
150

•S 1059 EAH

1 (f) AUTHORITY TO ACCEPT VOLUNTARY SERVICES.—

2 Section 1588(a) of such title is amended by adding at the

3 end the following new paragraph:

4 ‘‘(4) Voluntary services as a member of an honor

5 guard detail under section 1491 of this title.’’.

6 (g) EFFECTIVE DATE.—(1) Section 1491 of title 10,

7 United States Code, as amended by this section, shall apply

8 with respect to funerals of veterans that occur after Decem9 ber 31, 1999.

10 (2) Subsection (a) of such section is amended by strik11 ing ‘‘that occurs after December 31, 1999’’.

12 (h) NATIONAL GUARD FUNERAL HONORS DUTY.—(1)

13 Section 114 of title 32, United States Code, is amended—

14 (A) by striking ‘‘honor guard’’ both places it ap15 pears and inserting ‘‘funeral honors’’; and

16 (B) by striking ‘‘otherwise required’’ and insert17 ing ‘‘, but may be performed as funeral honors duty

18 as prescribed in section 115 of this title’’.

19 (2) Chapter 1 of such title is amended by adding at

20 the end the following new section:

21 ‘‘§ 115. Funeral honors duty performed as a Federal

22 function

23 ‘‘(a) Under regulations prescribed by the Secretary of

24 Defense, a member of the Army National Guard of the

25 United States or the Air National Guard of the United
151

•S 1059 EAH

1 States may be ordered to funeral honors duty, with the con2 sent of the member, to prepare for or perform funeral honors

3 functions at the funeral of a veteran (as defined in section

4 1491 of title 10).

5 ‘‘(b) A member ordered to funeral honors duty under

6 this section shall be required to perform a minimum of two

7 hours of such duty in order to receive service credit under

8 section 1273(a)(2)(E) of title 10 and compensation under

9 section 435 of title 37 if authorized by the Secretary con10 cerned.

11 ‘‘(c) Funeral honors duty (and travel directly to and

12 from that duty) under this section shall be treated as the

13 equivalent of inactive-duty training (and travel directly to

14 and from that training) for the purposes of this section and

15 the provisions of title 10, title 37, and title 38, including

16 provisions relating to the determination of eligibility for

17 and the receipt of benefits and entitlements provided under

18 those titles for Reserves performing inactive-duty training

19 and for their dependents and survivors, except that a mem20 ber is not entitled by reason of performance of funeral hon21 ors duty to any pay, allowances, or other compensation pro22 vided for in title 37 other than that provided in section

23 435 of that title and in subsection (d).

24 ‘‘(d) A member who performs funeral honors duty

25 under this section is entitled to reimbursement for travel
152

•S 1059 EAH

1 and transportation expenses incurred in conjunction with

2 such duty as authorized under chapter 7 of title 37, if such

3 duty is performed at a location 50 miles or more from the

4 member’s residence.’’.

5 (3)(A) The heading of section 114 of such title is

6 amended to read as follows:

7 ‘‘§ 114. Funeral honors functions at funerals for vet8 erans’’.

9 (B) The table of sections at the beginning of chapter

10 1 of such title is amended by striking the item relating to

11 section 114 and inserting the following:

‘‘114. Funeral honors functions at funerals for veterans.

‘‘115. Funeral honors duty performed as a Federal function.’’.

12 (i) READY RESERVE FUNERAL HONORS DUTY.—

13 (1)(A) Chapter 1213 of title 10, United States Code, is

14 amended by adding at the end the following new section:

15 ‘‘§ 12503. Ready Reserve: funeral honors duty

16 ‘‘(a) Under regulations prescribed by the Secretary of

17 Defense, a member of the Ready Reserve may be ordered

18 to funeral honors duty, with the consent of the member, in

19 preparation for or to perform funeral honors functions at

20 the funeral of a veteran (as defined in section 1491 of this

21 title). However, a member of the Army National Guard of

22 the United States or the Air National Guard of the United

23 States may not be ordered to perform funeral honors func-
153

•S 1059 EAH

1 tions under this section without the consent of the Governor

2 or other appropriate authority of the State concerned.

3 ‘‘(b) A member ordered to funeral honors duty under

4 this section shall be required to perform a minimum of two

5 hours of such duty in order to receive service credit under

6 section 12732(a)(2)(E) of this title and compensation under

7 section 435 of title 37 if authorized by the Secretary con8 cerned.

9 ‘‘(c) Funeral honors duty (and travel directly to and

10 from that duty) under this section shall be treated as the

11 equivalent of inactive-duty training (and travel directly to

12 and from that training) for the purposes of this title, title

13 37, and title 38, including provisions relating to the deter14 mination of eligibility for and receipt of benefits and enti15 tlements provided under those titles for Reserves performing

16 inactive-duty training and for their dependents and sur17 vivors, except that a member is not entitled by reason of

18 performance of funeral honors duty to any pay, allowances,

19 or other compensation provided for in title 37 other than

20 that provided in section 435 of that title and in subsection

21 (d).

22 ‘‘(d) A member who performs funeral honors duty

23 under this section is entitled to reimbursement for travel

24 and transportation expenses incurred in conjunction with

25 such duty as authorized under chapter 7 of title 37, if such
154

•S 1059 EAH

1 duty is performed at a location 50 miles or more from the

2 member’s residence.’’.

3 (B) The table of sections at the beginning of such chap4 ter is amended by adding at the end the following new item:

‘‘12503. Ready Reserve: funeral honors duty.’’.

5 (2)(A) Section 12552 of such title is amended to read

6 as follows:

7 ‘‘§ 12552. Funeral honors functions at funerals for vet8 erans

9 ‘‘Performance by a Reserve of funeral honors functions

10 at the funeral of a veteran (as defined in section 1491 of

11 this title) may not be considered to be a period of drill or

12 training, but may be performed as funeral honors duty

13 under section 12503 of this title.’’.

14 (B) The item relating to such section in the table of

15 sections at the beginning of chapter 1215 of such title is

16 amended to read as follows:

‘‘12552. Funeral honors functions at funerals for veterans.’’.

17 (j) CREDITING FOR RETIREMENT PURPOSES.—Para18 graph (2) of section 12732(a) of title 10, United States

19 Code, is amended—

20 (1) by inserting after subparagraph (D) the fol21 lowing new subparagraph:

22 ‘‘(E) One point for each day in which fu23 neral honors functions were performed under sec-
155

•S 1059 EAH

1 tion 12503 of this title or section 115 of title

2 32.’’; and

3 (2) by striking ‘‘and (D)’’ in the last sentence of

4 such paragraph and inserting ‘‘(D), and (E)’’.

5 (k) ALLOWANCE FOR FUNERAL HONORS DUTY.—(1)

6 Chapter 7 of title 37, United States Code, is amended by

7 adding at the end the following new section:

8 ‘‘§ 435. Funeral honors duty: flat rate allowance

9 ‘‘(a) ALLOWANCE AUTHORIZED.—Under uniform reg10 ulations prescribed by the Secretary of Defense, a member

11 of the Ready Reserve of an armed force may be paid an

12 allowance of $50, at the discretion of the Secretary con13 cerned, for funeral honors duty performed pursuant to sec14 tion 12305 of title 10 or section 115 of title 32, if the mem15 ber is engaged in the performance of that duty for at least

16 two hours.

17 ‘‘(b) RELATION TO PERFORMANCE OF FUNERAL HON18 ORS DUTY.—The allowance under this section shall con19 stitute the single, flat-rate monetary allowance authorized

20 for the performance of funeral honors duty pursuant to sec21 tion 12503 of title 10 or section 115 of title 32 and shall

22 constitute payment in full to the member, regardless of

23 grade in which serving.’’.

24 (2) The table of sections at the beginning of such chap25 ter is amended by adding at the end the following new item:

‘‘435. Funeral honors duty: flat rate allowance.’’.
156

•S 1059 EAH

1 SEC. 566. PURPOSE AND FUNDING LIMITATIONS FOR NA2 TIONAL GUARD CHALLENGE PROGRAM.

3 (a) PROGRAM AUTHORITY AND PURPOSE.—Subsection

4 (a) of section 509 of title 32, United States Code, is amend5 ed to read as follows:

6 ‘‘(a) PROGRAM AUTHORITY AND PURPOSE.—The Sec7 retary of Defense, acting through the Chief of the National

8 Guard Bureau, may use the National Guard to conduct a

9 civilian youth opportunities program, to be known as the

10 ‘National Guard Challenge Program’, which shall consist

11 of at least a 22-week residential program and a 12-month

12 post-residential mentoring period. The National Guard

13 Challenge Program shall seek to improve life skills and em14 ployment potential of participants by providing military15 based training and supervised work experience, together

16 with the core program components of assisting participants

17 to receive a high school diploma or its equivalent, leadership

18 development, promoting fellowship and community service,

19 developing life coping skills and job skills, and improving

20 physical fitness and health and hygiene.’’.

21 (b) ANNUAL FUNDING LIMITATION.—Subsection (b) of

22 such section is amended by striking ‘‘$50,000,000’’ and in23 serting ‘‘$62,500,000’’.
157

•S 1059 EAH

1 SEC. 567. ACCESS TO SECONDARY SCHOOL STUDENTS FOR

2 MILITARY RECRUITING PURPOSES.

3 Section 503 of title 10, United States Code, is amended

4 by adding at the end the following new subsection:

5 ‘‘(c) Each local educational agency is requested to pro6 vide to the Department of Defense, upon a request made

7 for military recruiting purposes, the same access to sec8 ondary school students, and to directory information con9 cerning such students, as is provided generally to post-sec10 ondary educational institutions or to prospective employers

11 of those students.’’.

12 SEC. 568. SURVEY OF MEMBERS LEAVING MILITARY SERV13 ICE ON ATTITUDES TOWARD MILITARY SERV14 ICE.

15 (a) EXIT SURVEY.—The Secretary of Defense shall de16 velop and implement a survey on attitudes toward military

17 service to be completed by all members of the Armed Forces

18 who during the period beginning on January 1, 2000, and

19 ending on June 30, 2000, are discharged or separated from

20 the Armed Forces or transfer from a regular component to

21 a reserve component.

22 (b) MATTERS TO BE COVERED.—The survey shall, at

23 a minimum, cover the following subjects:

24 (1) Reasons for leaving military service.

25 (2) Command climate.
158

•S 1059 EAH

1 (3) Attitude toward civilian and military leader2 ship.

3 (4) Attitude toward pay and benefits.

4 (5) Job satisfaction.

5 (6) Such other matters as the Secretary deter6 mines appropriate to the survey concerning reasons

7 why military personnel are leaving military service.

8 (c) REPORT TO CONGRESS.—Not later than October 1,

9 2000, the Secretary shall submit to Congress a report con10 taining the results of the survey under subsection (a). The

11 Secretary shall compile the information in the report so as

12 to assist in assessing reasons why military personnel are

13 leaving military service.

14 SEC. 569. IMPROVEMENT IN SYSTEM FOR ASSIGNING PER15 SONNEL TO WARFIGHTING UNITS.

16 (a) REVIEW OF PERSONNEL ASSIGNMENT SYSTEMS.—

17 The Secretary of each military department shall review the

18 military personnel system under that Secretary’s jurisdic19 tion in order to identify those policies that prevent

20 warfighting units from being fully manned.

21 (b) REVISION TO POLICIES.—Following the review

22 under subsection (a), the Secretary shall alter the policies

23 identified in the review with the goal of raising the priority

24 in the personnel system for the assignment of personnel to

25 warfighting units.
159

•S 1059 EAH

1 (c) REPORT.—Not later than December 31, 2000, the

2 Secretary shall submit to the Committee on Armed Services

3 of the Senate and Committee on Armed Services of the

4 House of Representatives a report on the changes to the

5 military personnel system under that Secretary’s jurisdic6 tion that have been, or will be, adopted under subsection

7 (b).

8 (d) DEFINITION.—For the purposes of this section, the

9 term ‘‘warfighting unit’’ means a battalion, squadron, or

10 vessel that (1) has a combat, combat support, or combat

11 service support mission, and (2) is not considered to be in

12 the supporting establishment for its service.

13 SEC. 570. REQUIREMENT FOR DEPARTMENT OF DEFENSE

14 REGULATIONS TO PROTECT THE CONFIDEN15 TIALITY OF COMMUNICATIONS BETWEEN DE16 PENDENTS AND PROFESSIONALS PROVIDING

17 THERAPEUTIC OR RELATED SERVICES RE18 GARDING SEXUAL OR DOMESTIC ABUSE.

19 (a) IN GENERAL.—(1) Chapter 80 of title 10, United

20 States Code, is amended by adding at the end the following

21 new section:
160

•S 1059 EAH

1 ‘‘§ 1562. Confidentiality of communications between

2 dependents and professionals providing

3 therapeutic or related services regarding

4 sexual or domestic abuse

5 ‘‘(a) REGULATIONS.—The Secretary of Defense shall

6 prescribe in regulations such policies and procedures as the

7 Secretary considers necessary to provide the maximum pos8 sible protection for the confidentiality of communications

9 described in subsection (b) relating to misconduct described

10 in that subsection. Those regulations shall be consistent

11 with—

12 ‘‘(1) the standards of confidentiality and ethical

13 standards issued by relevant professional organiza14 tions;

15 ‘‘(2) applicable requirements of Federal and

16 State law;

17 ‘‘(3) the best interest of victims of sexual harass18 ment, sexual assault, or intrafamily abuse; and

19 ‘‘(4) such other factors as the Secretary, in con20 sultation with the Attorney General, considers appro21 priate.

22 ‘‘(b) COVERED COMMUNICATIONS.—Subsection (a) ap23 plies to communications between—

24 ‘‘(1) a dependent of a member of the armed

25 forces who—
161

•S 1059 EAH

1 ‘‘(A) is a victim of sexual harassment, sex2 ual assault, or intrafamily abuse; or

3 ‘‘(B) has engaged in such misconduct; and

4 ‘‘(2) a therapist, counselor, advocate, or other

5 professional from whom the dependent seeks profes6 sional services in connection with effects of such mis7 conduct.’’.

8 (2) The table of sections at the beginning of such chap9 ter is amended by adding at the end the following new item:

‘‘1562. Confidentiality of communications between dependents and professionals

providing therapeutic or related services regarding sexual or domestic abuse.’’.

10 (b) GAO STUDY.—(1) The Comptroller General shall

11 study the policies, procedures, and practices of the military

12 departments for protecting the confidentiality of commu13 nications between—

14 (A) a dependent of a member of the Armed

15 Forces who—

16 (i) is a victim of sexual harassment, sexual

17 assault, or intrafamily abuse; or

18 (ii) has engaged in such misconduct; and

19 (B) a therapist, counselor, advocate, or other

20 professional from whom the dependent seeks profes21 sional services in connection with effects of such mis22 conduct.

23 (2) The Comptroller General shall conclude the study

24 and submit to the Secretary of Defense and Congress a re-
162

•S 1059 EAH

1 port on the results of the study. The report shall be sub2 mitted not later than 180 days after the date of the enact3 ment of this Act.

4 (c) INITIAL REGULATIONS.—The initial regulations

5 under section 1562 of title 10, United States Code, as added

6 by subsection (a), shall be prescribed not later than 90 days

7 after the date on which the Secretary of Defense receives

8 the report of the Comptroller General under subsection (b).

9 In prescribing those regulations, the Secretary shall ensure

10 that those regulations are consistent with the findings of

11 the Comptroller General in that report.

12 TITLE VI—COMPENSATION AND

13 OTHER PERSONNEL BENEFITS

14 Subtitle A—Pay and Allowances

15 SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC

16 PAY AND REFORM OF BASIC PAY RATES.

17 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad18 justment to become effective during fiscal year 2000 re19 quired by section 1009 of title 37, United States Code, in

20 the rates of monthly basic pay authorized members of the

21 uniformed services shall not be made.

22 (b) JANUARY 1, 2000, INCREASE IN BASIC PAY.—Ef23 fective on January 1, 2000, the rates of monthly basic pay

24 for members of the uniformed services are increased by 4.8

25 percent.
163

•S 1059 EAH

1 (c) REFORM OF BASIC PAY RATES.—Effective on July

2 1, 2000, the rates of monthly basic pay for members of the

3 uniformed services within each pay grade are as follows:

COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00

O–8 .... 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80

O–7 .... 5,479.50 5,851.80 5,851.50 5,894.40 6,114.60

O–6 .... 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40

O–5 .... 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80

O–4 .... 2,737.80 3,333.90 3,556.20 3,606.04 3,812.40

O–3 3 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90

O–2 3 2,218.80 2,527.20 2,910.90 3,000.00 3,071.10

O–1 3 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00

O–8 .... 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10

O–7 .... 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50

O–6 .... 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20

O–5 .... 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00

O–4 .... 3,980.40 4,251.50 4,464.00 4,611.00 4,758.90

O–3 3 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10

O–2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10

O–1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 $0.00 $10,655.10 $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

1Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned officers in grades 0–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual basic pay for all other officers, including warrant officers, may not exceed the rate

of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint

Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force,

Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is

calculated to be $12,441.00, regardless of cumulative years of service computed under section 205 of

title 37, United States Code. 3This table does not apply to commissioned officers in the grade O–1, O–2, or O–3 who have been

credited with over 4 years of active duty service as an enlisted member or warrant officer.
164

•S 1059 EAH

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE

AS AN ENLISTED MEMBER OR WARRANT OFFICER

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E $0.00 $0.00 $0.00 $3,364.80 $3,525.90

O–2E 0.00 0.00 0.00 3,009.00 3,071.10

O–1E 0.00 0.00 0.00 2,423.10 2,588.40

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80

O–2E 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20

O–1E 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00

Over 18 Over 20 Over 22 Over 24 Over 26

O–3E $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90

O–2E 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20

O–1E 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00

WARRANT OFFICERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 ... 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40

W–3 ... 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30

W–2 ... 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10

W–1 ... 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 ... 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60

W–3 ... 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20

W–2 ... 2,555.40 2,852.60 2,749.80 2,844.30 2,949.00

W–1 ... 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 ... $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40

W–4 ... 3,888.00 4,019.00 4,155.60 4,289.70 4,427.10

W–3 ... 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90

W–2 ... 3,058.40 3,163.80 3,270.90 3,378.30 3,378.30

W–1 ... 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90

ENLISTED MEMBERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00

E–8 .... 0.00 0.00 0.00 0.00 0.00

E–7 .... 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70

E–6 .... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30

E–5 .... 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50

E–4 .... 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90

E–3 .... 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90

E–2 .... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
165

•S 1059 EAH

ENLISTED MEMBERS 1—Continued

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 .... 3 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50

E–8 .... 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10

E–7 .... 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00

E–6 .... 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60

E–5 .... 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20

E–4 .... 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90

E–3 .... 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90

E–2 .... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40

E–1 .... 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.80

E–8 .... 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60

E–7 .... 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40

E–6 .... 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70

E–5 .... 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20

E–4 .... 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90

E–3 .... 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90

E–2 .... 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40

E–1 .... 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

1Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members

may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief

Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine

Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $4,701.00, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in the grade E–1 who have served less than 4 months on active duty,

basic pay is $930.30.

1 (d) LIMITATION ON PAY ADJUSTMENTS.—Section

2 1009(a) of title 37, United States Code, is amended—

3 (1) by inserting ‘‘(1)’’ before ‘‘Whenever’’; and

4 (2) by adding at the end the following new para5 graph:

6 ‘‘(2) On and after April 30, 1999, the actual basic pay

7 for commissioned officers in grades 0–7 through O–10 may

8 not exceed the rate of pay for level III of the Executive

9 Schedule, and the actual basic pay for all other officers and
166

•S 1059 EAH

1 enlisted members may not exceed the rate of pay for level

2 V of the Executive Schedule.’’.

3 SEC. 602. PAY INCREASES FOR FISCAL YEARS AFTER FISCAL

4 YEAR 2000.

5 Effective on October 1, 2000, subsection (c) of section

6 1009 of title 37, United States Code, is amended to read

7 as follows:

8 ‘‘(c) PERCENTAGE INCREASE FOR ALL MEMBERS.—(1)

9 Subject to subsection (d), an adjustment taking effect under

10 this section during a fiscal year shall provide all eligible

11 members with an increase in the monthly basic pay by the

12 percentage equal to the sum of—

13 ‘‘(A) 0.5 percent; plus

14 ‘‘(B) the percentage calculated as provided under

15 section 5303(a) of title 5.

16 ‘‘(2) The calculation required by paragraph (1)(B)

17 shall be made without regard to whether rates of pay under

18 the statutory pay systems (as defined in section 5302 of

19 title 5) are actually increased during that fiscal year under

20 section 5303 of such title by the percentage so calculated.’’.

21 SEC. 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL

22 YEAR 2000 INCREASE IN BASIC ALLOWANCE

23 FOR HOUSING INSIDE THE UNITED STATES.

24 In addition to the amount determined by the Secretary

25 of Defense under section 403(b)(3) of title 37, United States
167

•S 1059 EAH

1 Code, to be the total amount that may be paid during fiscal

2 year 2000 for the basic allowance for housing for military

3 housing areas inside the United States, $442,500,000 of the

4 amount authorized to be appropriated by section 421 for

5 military personnel shall be used by the Secretary to further

6 increase the total amount available for the basic allowance

7 for housing for military housing areas inside the United

8 States.

9 Subtitle B—Bonuses and Special

10 and Incentive Pays

11 SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL

12 PAY AUTHORITIES FOR RESERVE FORCES.

13 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

14 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

15 302g(f) of title 37, United States Code, is amended by strik16 ing ‘‘December 31, 1999’’ and inserting ‘‘December 31,

17 2000’’.

18 (b) SELECTED RESERVE REENLISTMENT BONUS.—

19 Section 308b(f) of such title is amended by striking ‘‘Decem20 ber 31, 1999’’ and inserting ‘‘December 31, 2000’’.

21 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec22 tion 308c(e) of such title is amended by striking ‘‘December

23 31, 1999’’ and inserting ‘‘December 31, 2000’’.

24 (d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

25 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of
168

•S 1059 EAH

1 such title is amended by striking ‘‘December 31, 1999’’ and

2 inserting ‘‘December 31, 2000’’.

3 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec4 tion 308e(e) of such title is amended by striking ‘‘December

5 31, 1999’’ and inserting ‘‘December 31, 2000’’.

6 (f) READY RESERVE ENLISTMENT AND REENLISTMENT

7 BONUS.—Section 308h(g) of such title is amended by strik8 ing ‘‘December 31, 1999’’ and inserting ‘‘December 31,

9 2000’’.

10 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

11 308i(f) of such title is amended by striking ‘‘December 31,

12 1999’’ and inserting ‘‘December 31, 2000’’.

13 (h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

14 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

15 RESERVE.—Section 16302(d) of title 10, United States

16 Code, is amended by striking ‘‘January 1, 2000’’ and in17 serting ‘‘January 1, 2001’’.

18 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

19 PAY AUTHORITIES FOR NURSE OFFICER CAN20 DIDATES, REGISTERED NURSES, AND NURSE

21 ANESTHETISTS.

22 (a) NURSE OFFICER CANDIDATE ACCESSION PRO23 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

24 is amended by striking ‘‘December 31, 1999’’ and inserting

25 ‘‘December 31, 2000’’.
169

•S 1059 EAH

1 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

2 Section 302d(a)(1) of title 37, United States Code, is

3 amended by striking ‘‘December 31, 1999’’ and inserting

4 ‘‘December 31, 2000’’.

5 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES6 THETISTS.—Section 302e(a)(1) of title 37, United States

7 Code, is amended by striking ‘‘December 31, 1999’’ and in8 serting ‘‘December 31, 2000’’.

9 SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAY10 MENT OF OTHER BONUSES AND SPECIAL

11 PAYS.

12 (a) AVIATION OFFICER RETENTION BONUS.—Section

13 301b(a) of title 37, United States Code, is amended by strik14 ing ‘‘December 31, 1999,’’ and inserting ‘‘December 31,

15 2000,’’.

16 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

17 Section 308(g) of such title is amended by striking ‘‘Decem18 ber 31, 1999’’ and inserting ‘‘December 31, 2000’’.

19 (c) ENLISTMENT BONUS FOR PERSONS WITH CRIT20 ICAL SKILLS.—Section 308a(d) of such title, as redesig21 nated by section 618(b), is amended by striking ‘‘December

22 31, 1999’’ and inserting ‘‘December 31, 2000’’.

23 (d) ARMY ENLISTMENT BONUS.—Section 308f(c) of

24 such title is amended by striking ‘‘December 31, 1999’’ and

25 inserting ‘‘December 31, 2000’’.
170

•S 1059 EAH

1 (e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

2 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

3 of such title is amended by striking ‘‘December 31, 1999’’

4 and inserting ‘‘December 31, 2000’’.

5 (f) NUCLEAR CAREER ACCESSION BONUS.—Section

6 312b(c) of such title is amended by striking ‘‘December 31,

7 1999’’ and inserting ‘‘December 31, 2000’’.

8 (g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

9 Section 312c(d) of such title is amended by striking ‘‘Octo10 ber 1, 1998,’’ and all that follows through the period at the

11 end and inserting ‘‘December 31, 2000.’’.

12 SEC. 614. AVIATION CAREER INCENTIVE PAY FOR AIR BAT13 TLE MANAGERS.

14 (a) AVAILABILITY OF INCENTIVE PAY.—Section

15 301a(b) of title 37, United States Code is amended by add16 ing at the end the following new paragraph:

17 ‘‘(4) An officer serving as an air battle manager who

18 is entitled to aviation career incentive pay under this sec19 tion and who, before becoming entitled to aviation career

20 incentive pay, was entitled to incentive pay under section

21 301(a)(11) of this title, is entitled to monthly incentive pay

22 at a rate equal to the greater of the following:

23 ‘‘(A) The rate applicable under this subsection.

24 ‘‘(B) The rate at which the member was receiv25 ing incentive pay under section 301(c)(2)(A) of this
171

•S 1059 EAH

1 title immediately before the member’s entitlement to

2 aviation career incentive pay under this section.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on the first day of the first

5 month that begins on or after the date of the enactment of

6 this Act.

7 SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL

8 PAY TO AVIATION CAREER OFFICERS EX9 TENDING PERIOD OF ACTIVE DUTY.

10 (a) ELIGIBILITY CRITERIA.—Subsection (b) of section

11 301b of title 37, United States Code, is amended—

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

13 (2) in paragraph (3), by striking ‘‘grade O–6’’

14 and inserting ‘‘grade O–7’’;

15 (3) by inserting ‘‘and’’ at the end of paragraph

16 (4); and

17 (4) by redesignating paragraphs (3), (4), and (6)

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

19 (b) AMOUNT OF BONUS.—Subsection (c) of such section

20 is amended by striking ‘‘than—’’ and all that follows

21 through the period at the end and inserting ‘‘than $25,000

22 for each year covered by the written agreement to remain

23 on active duty.’’.

24 (c) PRORATION AUTHORITY FOR COVERAGE OF IN25 CREASED PERIOD OF ELIGIBILITY.—Subsection (d) of such
172

•S 1059 EAH

1 section is amended by striking ‘‘14 years of commissioned

2 service’’ and inserting ‘‘25 years of aviation service’’.

3 (d) REPEAL OF CONTENT REQUIREMENTS FOR AN4 NUAL REPORT.—Subsection (i)(1) of such section is amend5 ed by striking the second sentence.

6 (e) DEFINITIONS REGARDING AVIATION SPECIALTY.—

7 Subsection (j) of such section is amended—

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

9 (2) by redesignating paragraph (4) as para10 graph (2).

11 (f) TECHNICAL AMENDMENT.—Subsection (g)(3) of

12 such section if amended by striking the second sentence.

13 (g) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on the first day of the first month

15 that begins on or after the date of the enactment of this

16 Act.

17 SEC. 616. DIVING DUTY SPECIAL PAY.

18 (a) INCREASE IN PAYMENT AMOUNT.—Subsection (b)

19 of section 304 of title 37, United States Code, is amended—

20 (1) by striking ‘‘$200’’ and inserting ‘‘$240’’;

21 and

22 (2) by striking ‘‘$300’’ and inserting ‘‘$340’’.

23 (b) RELATION TO HAZARDOUS DUTY INCENTIVE

24 PAY.—Subsection (c) of such section 304 is amended to read

25 as follows:
173

•S 1059 EAH

1 ‘‘(c) If, in addition to diving duty, a member is as2 signed by orders to one or more hazardous duties described

3 in section 301 of this title, the member may be paid, for

4 the same period of service, special pay under this section

5 and incentive pay under such section 301 for each haz6 ardous duty for which the member is qualified.’’.

7 (c) EFFECTIVE DATE.—The amendments made by this

8 section shall take effect on the first day of the first month

9 that begins on or after the date of the enactment of this

10 Act.

11 SEC. 617. REENLISTMENT BONUS.

12 (a) MINIMUM MONTHS OF ACTIVE DUTY.—Subsection

13 (a)(1)(A) of section 308 of title 37, United States Code, is

14 amended by striking ‘‘twenty-one months’’ and inserting

15 ‘‘17 months’’.

16 (b) AMOUNT OF BONUS.—Subsection (a)(2) of such sec17 tion is amended—

18 (1) in subparagraph (A)(i), by striking ‘‘ten’’

19 and inserting ‘‘15’’; and

20 (2) in subparagraph (B), by striking ‘‘$45,000’’

21 and inserting ‘‘$60,000’’.

22 SEC. 618. ENLISTMENT BONUS.

23 (a) INCREASE IN BONUS AMOUNT.—Subsection (a) of

24 section 308a of title 37, United States Code, is amended

25 by striking ‘‘$12,000’’ and inserting ‘‘$20,000’’.
174

•S 1059 EAH

1 (b) PAYMENT METHODS.—Such section is further

2 amended—

3 (1) in subsection (a), by striking the second sen4 tence;

5 (2) by redesignating subsections (b) and (c) as

6 subsections (c) and (d); and

7 (3) by inserting after subsection (a) the following

8 new subsection:

9 ‘‘(b) PAYMENT METHODS.—A bonus under this section

10 may be paid in a single lump sum, or in periodic install11 ments, to provide an extra incentive for a member to suc12 cessfully complete the training necessary for the member to

13 be technically qualified in the skill for which the bonus is

14 paid.’’.

15 (c) STYLISTIC AMENDMENTS.—Such section is further

16 amended—

17 (1) in subsection (a), by inserting ‘‘BONUS AU18 THORIZED; BONUS AMOUNT.—’’ after ‘‘(a)’’;

19 (2) in subsection (c), as redesignated by sub20 section (b)(2) of this section, by inserting ‘‘REPAY21 MENT OF BONUS.—’’ after ‘‘(c)’’; and

22 (3) in subsection (d), as redesignated by sub23 section (b)(2) of this section, by inserting ‘‘TERMI24 NATION OF AUTHORITY.—’’ after ‘‘(d)’’.
175

•S 1059 EAH

1 SEC. 619. REVISED ELIGIBILITY REQUIREMENTS FOR RE2 SERVE COMPONENT PRIOR SERVICE ENLIST3 MENT BONUS.

4 Paragraph (2) of section 308i(a) of title 37, United

5 States Code, is amended to read as follows:

6 ‘‘(2) A bonus may only be paid under this section to

7 a person who meets each of the following requirements:

8 ‘‘(A) The person has completed a military service

9 obligation, but has less than 14 years of total military

10 service, and received an honorable discharge at the

11 conclusion of that military service obligation.

12 ‘‘(B) The person was not released, or is not being

13 released, from active service for the purpose of enlist14 ment in a reserve component.

15 ‘‘(C) The person is projected to occupy, or is oc16 cupying, a position as a member of the Selected Re17 serve in a specialty in which the person—

18 ‘‘(i) successfully served while a member on

19 active duty and attained a level of qualification

20 while on active duty commensurate with the

21 grade and years of service of the member; or

22 ‘‘(ii) has completed training or retraining

23 in the specialty skill that is designated as criti24 cally short and attained a level of qualification

25 in the specialty skill that is commensurate with

26 the grade and years of service of the member.
176

•S 1059 EAH

1 ‘‘(D) The person has not previously been

2 paid a bonus (except under this section) for en3 listment, reenlistment, or extension of enlistment

4 in a reserve component.’’.

5 SEC. 620. INCREASE IN SPECIAL PAY AND BONUSES FOR

6 NUCLEAR-QUALIFIED OFFICERS.

7 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

8 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(a)

9 of title 37, United States Code, is amended by striking

10 ‘‘$15,000’’ and inserting ‘‘$25,000’’.

11 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

12 312b(a)(1) of such title is amended by striking ‘‘$10,000’’

13 and inserting ‘‘$20,000’’.

14 (c) NUCLEAR CAREER ANNUAL INCENTIVE BO15 NUSES.—Section 312c of such title is amended—

16 (1) in subsection (a)(1), by striking ‘‘$12,000’’

17 and inserting ‘‘$22,000’’; and

18 (2) in subsection (b)(1), by striking ‘‘$5,500’’

19 and inserting ‘‘$10,000’’.

20 (d) EFFECTIVE DATE.—(1) The amendments made by

21 this section shall take effect on October 1, 1999.

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

23 shall apply with respect to agreements accepted under sec24 tion 312(a) and 312b(a), respectively, of title 37, United

25 States Code, on or after October 1, 1999.
177

•S 1059 EAH

1 (3) The amendments made by subsection (c) shall

2 apply with respect to nuclear service years beginning on

3 or after October 1, 1999.

4 SEC. 621. INCREASE IN AUTHORIZED MONTHLY RATE OF

5 FOREIGN LANGUAGE PROFICIENCY PAY.

6 (a) INCREASE.—Section 316(b) of title 37, United

7 States Code, is amended by striking ‘‘$100’’ and inserting

8 ‘‘$300’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on the first day of the first

11 month that begins on or after the date of the enactment of

12 this Act.

13 SEC. 622. AUTHORIZATION OF RETENTION BONUS FOR SPE14 CIAL WARFARE OFFICERS EXTENDING PERI15 ODS OF ACTIVE DUTY.

16 (a) BONUS AUTHORIZED.—Chapter 5 of title 37,

17 United States Code, is amended by adding at the end the

18 following new section:

19 ‘‘§ 318. Special pay: special warfare officers extending

20 period of active duty

21 ‘‘(a) SPECIAL WARFARE OFFICER DEFINED.—In this

22 section, the term ‘special warfare officer’ means an officer

23 of a uniformed service who—

24 ‘‘(1) is qualified for a military occupational spe25 cialty or designator identified by the Secretary con-
178

•S 1059 EAH

1 cerned as a special warfare military occupational

2 specialty or designator; and

3 ‘‘(2) is serving in a position for which that specialty

4 or designator is authorized.

5 ‘‘(b) RETENTION BONUS AUTHORIZED.—A special

6 warfare officer who meets the eligibility requirements speci7 fied in subsection (c) and who executes a written agreement,

8 on or after October 1, 1999, to remain on active duty in

9 special warfare service for at least one year may, upon the

10 acceptance of the agreement by the Secretary concerned, be

11 paid a retention bonus as provided in this section.

12 ‘‘(c) ELIGIBLE OFFICERS.—A special warfare officer

13 may apply to enter into an agreement referred to in sub14 section (b) if the officer—

15 ‘‘(1) is in pay grade O–3, or is in pay grade O–

16 4 and is not on a list of officers recommended for pro17 motion, at the time the officer applies to enter into

18 the agreement;

19 ‘‘(2) has completed at least 6, but not more than

20 14, years of active commissioned service; and

21 ‘‘(3) has completed any service commitment in22 curred to be commissioned as an officer.

23 ‘‘(d) AMOUNT OF BONUS.—The amount of a retention

24 bonus paid under this section may not be more than

25 $15,000 for each year covered by the agreement.
179

•S 1059 EAH

1 ‘‘(e) PRORATION.—The term of an agreement under

2 subsection (b) and the amount of the retention bonus pay3 able under subsection (d) may be prorated as long as the

4 agreement does not extend beyond the date on which the

5 officer executing the agreement would complete 14 years of

6 active commissioned service.

7 ‘‘(f) PAYMENT METHODS.—(1) Upon acceptance of an

8 agreement under subsection (b) by the Secretary concerned,

9 the total amount payable pursuant to the agreement be10 comes fixed.

11 ‘‘(2) The amount of the retention bonus may be paid

12 as follows:

13 ‘‘(A) At the time the agreement is accepted by

14 the Secretary concerned, the Secretary may make a

15 lump sum payment equal to half the total amount

16 payable under the agreement. The balance of the

17 bonus amount shall be paid in equal annual install18 ments on the anniversary of the acceptance of the

19 agreement.

20 ‘‘(B) The Secretary concerned may make grad21 uated annual payments under regulations prescribed

22 by the Secretary, with the first payment being pay23 able at the time the agreement is accepted by the Sec24 retary and subsequent payments being payable on the

25 anniversary of the acceptance of the agreement.
180

•S 1059 EAH

1 ‘‘(g) ADDITIONAL PAY.—A retention bonus paid under

2 this section is in addition to any other pay and allowances

3 to which an officer is entitled.

4 ‘‘(h) REPAYMENT.—(1) If an officer who has entered

5 into an agreement under subsection (b) and has received

6 all or part of a retention bonus under this section fails to

7 complete the total period of active duty in special warfare

8 service as specified in the agreement, the Secretary con9 cerned may require the officer to repay the United States,

10 on a pro rata basis and to the extent that the Secretary

11 determines conditions and circumstances warrant, all sums

12 paid the officer under this section.

13 ‘‘(2) An obligation to repay the United States imposed

14 under paragraph (1) is for all purposes a debt owed to the

15 United States.

16 ‘‘(3) A discharge in bankruptcy under title 11 that is

17 entered less than five years after the termination of an

18 agreement entered into under subsection (a) does not dis19 charge the officer signing the agreement from a debt arising

20 under such agreement or under paragraph (1).

21 ‘‘(i) REGULATIONS.—The Secretaries concerned shall

22 prescribe regulations to carry out this section, including the

23 definition of the term ‘special warfare service’ for purposes

24 of this section. Regulations prescribed by the Secretary of
181

•S 1059 EAH

1 a military department under this section shall be subject

2 to the approval of the Secretary of Defense.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of chapter 5 of title 37, United States Code

5 is amended by adding at the end the following new item:

‘‘318. Special pay: special warfare officers extending period of active duty.’’.

6 SEC. 623. AUTHORIZATION OF SURFACE WARFARE OFFICER

7 CONTINUATION PAY.

8 (a) INCENTIVE PAY AUTHORIZED.—Chapter 5 of title

9 37, United States Code, is amended by inserting after sec10 tion 318, as added by section 622, the following new section:

11 ‘‘§ 319. Special pay: surface warfare officer continu12 ation pay

13 ‘‘(a) ELIGIBLE SURFACE WARFARE OFFICER DE14 FINED.—In this section, the term ‘eligible surface warfare

15 officer’ means an officer of the Regular Navy or Naval Re16 serve on active duty who—

17 ‘‘(1) is qualified and serving as a surface war18 fare officer;

19 ‘‘(2) has been selected for assignment as a de20 partment head on a surface vessel; and

21 ‘‘(3) has completed any service commitment in22 curred through the officer’s original commissioning

23 program.

24 ‘‘(b) SPECIAL PAY AUTHORIZED.—An eligible surface

25 warfare officer who executes a written agreement, on or
182

•S 1059 EAH

1 after October 1, 1999, to remain on active duty to complete

2 one or more tours of duty to which the officer may be or3 dered as a department head on a surface ship may, upon

4 the acceptance of the agreement by the Secretary of the

5 Navy, be paid an amount not to exceed $50,000.

6 ‘‘(c) PRORATION.—The term of the written agreement

7 under subsection (b) and the amount payable under the

8 agreement may be prorated.

9 ‘‘(d) PAYMENT METHODS.—Upon acceptance of the

10 written agreement under subsection (b) by the Secretary of

11 the Navy, the total amount payable pursuant to the agree12 ment becomes fixed. The Secretary shall prepare an imple13 mentation plan specifying the amount of each installment

14 payment under the agreement and the times for payment

15 of the installments.

16 ‘‘(e) ADDITIONAL PAY.—Any amount paid under this

17 section is in addition to any other pay and allowances to

18 which an officer is entitled.

19 ‘‘(f) REPAYMENT.—(1) If an officer who has entered

20 into a written agreement under subsection (b) and has re21 ceived all or part of the amount payable under the agree22 ment fails to complete the total period of active duty as

23 a department head on a surface ship specified in the agree24 ment, the Secretary of the Navy may require the officer to

25 repay the United States, to the extent that the Secretary
183

•S 1059 EAH

1 of the Navy determines conditions and circumstances war2 rant, any or all sums paid under this section.

3 ‘‘(2) An obligation to repay the United States imposed

4 under paragraph (1) is for all purposes a debt owned to

5 the United States.

6 ‘‘(3) A discharge in bankruptcy under title 11 that is

7 entered less than five years after the termination of an

8 agreement entered into under subsection (b) does not dis9 charge the officer signing the agreement from a debt arising

10 under such agreement or under paragraph (1).

11 ‘‘(g) REGULATIONS.—The Secretary of the Navy shall

12 prescribe regulations to carry out this section.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 5 of title 37, United States Code,

15 is amended by inserting after the item relating to section

16 318 the following new item:

‘‘319. Special pay: surface warfare officer continuation pay.’’.

17 SEC. 624. AUTHORIZATION OF CAREER ENLISTED FLYER IN18 CENTIVE PAY.

19 (a) INCENTIVE PAY AUTHORIZED.—Chapter 5 of title

20 37, United States Code, is amended by inserting after sec21 tion 319, as added by section 623, the following new section:

22 ‘‘§ 320. Incentive pay: career enlisted flyers

23 ‘‘(a) ELIGIBLE CAREER ENLISTED FLYER DEFINED.—

24 In this section, the term ‘eligible career enlisted flyer’ means

25 an enlisted member of the armed forces who—
184

•S 1059 EAH

1 ‘‘(1) is entitled to basic pay under section 204

2 of this title, or is entitled to pay under section 206

3 of this title as described in subsection (e) of this sec4 tion;

5 ‘‘(2) holds an enlisted military occupational spe6 cialty or enlisted military rating designated as a ca7 reer enlisted flyer specialty or rating by the Secretary

8 concerned, performs duty as a dropsonde system oper9 ator, or is in training leading to qualification and

10 designation of such a specialty or rating or the per11 formance of such duty;

12 ‘‘(3) is qualified for aviation service under regu13 lations prescribed by the Secretary concerned; and

14 ‘‘(4) satisfies the operational flying duty require15 ments applicable under subsection (c).

16 ‘‘(b) INCENTIVE PAY AUTHORIZED.—(1) The Secretary

17 concerned may pay monthly incentive pay to an eligible

18 career enlisted flyer in an amount not to exceed the monthly

19 maximum amounts specified in subsection (d). The incen20 tive pay may be paid as continuous monthly incentive pay

21 or on a month-to-month basis, dependent upon the oper22 ational flying duty performed by the eligible career enlisted

23 flyer as prescribed in subsection (c).

24 ‘‘(2) Continuous monthly incentive pay may not be

25 paid to an eligible career enlisted flyer after the member
185

•S 1059 EAH

1 completes 25 years of aviation service. Thereafter, an eligi2 ble career enlisted flyer may still receive incentive pay on

3 a month-to-month basis under subsection (c)(4) for the fre4 quent and regular performance of operational flying duty.

5 ‘‘(c) OPERATIONAL FLYING DUTY REQUIREMENTS.—

6 (1) An eligible career enlisted flyer must perform oper7 ational flying duties for 6 of the first 10, 9 of the first 15,

8 and 14 of the first 20 years of aviation service, to be eligible

9 for continuous monthly incentive pay under this section.

10 ‘‘(2) Upon completion of 10, 15, or 20 years of avia11 tion service, an enlisted member who has not performed the

12 minimum required operational flying duties specified in

13 paragraph (1) during the prescribed period, although other14 wise meeting the definition in subsection (a), may no longer

15 be paid continuous monthly incentive pay except as pro16 vided in paragraph (3). Payment of continuous monthly

17 incentive pay if the member meets the minimum oper18 ational flying duty requirement upon completion of the next

19 established period of aviation service.

20 ‘‘(3) For the needs of the service, the Secretary con21 cerned may permit, on a case-by-case basis, a member to

22 continue to receive continuous monthly incentive pay de23 spite the member’s failure to perform the operational flying

24 duty required during the first 10, 15, or 20 years of avia25 tion service, but only if the member otherwise meets the defi-
186

•S 1059 EAH

1 nition in subsection (a) and has performed at least 5 years

2 of operational flying duties during the first 10 years of

3 aviation service, 8 years of operational flying duties during

4 the first 15 years of aviation service, or 12 years of oper5 ational flying duty during the first 20 years of aviation

6 service. The authority of the Secretary concerned under this

7 paragraph may not be delegated below the level of the Serv8 ice Personnel Chief.

9 ‘‘(4) If the eligibility of an eligible career enlisted flyer

10 to continuous monthly incentive pay ceases under sub11 section (b)(2) or paragraph (2), the member may still re12 ceive month-to-month incentive pay for subsequent frequent

13 and regular performance of operational flying duty. The

14 rate payable is the same rate authorized by the Secretary

15 concerned under subsection (d) for a member of cor16 responding years of aviation service.

17 ‘‘(d) MONTHLY MAXIMUM INCENTIVE PAY.—The

18 monthly rate for incentive pay under this section may not

19 exceed the amounts specified in the following table for the

20 applicable years of aviation service:

Monthly

‘‘Years of aviation service: rate

4 or less ........................................................................................... $150

Over 4 ............................................................................................. $225

Over 8 ............................................................................................. $350

Over 14 ........................................................................................... $400

21 ‘‘(e) ELIGIBILITY OF RESERVE COMPONENT MEMBERS

22 WHEN PERFORMING INACTIVE DUTY TRAINING.—Under
187

•S 1059 EAH

1 regulations prescribed by the Secretary concerned, when a

2 member of a reserve component or the National Guard, who

3 is entitled to compensation under section 206 of this title,

4 meets the definition of eligible career enlisted flyer, the Sec5 retary concerned may increase the member’s compensation

by an amount equal to 1 6 ⁄30 of the monthly incentive pay

7 authorized by the Secretary concerned under subsection (d)

8 for a member of corresponding years of aviation service who

9 is entitled to basic pay under section 204 of this title. The

10 reserve component member may receive the increase for as

11 long as the member is qualified for it, for each regular pe12 riod of instruction or period of appropriate duty, at which

13 the member is engaged for at least two hours, or for the

14 performance of such other equivalent training, instruction,

15 duty or appropriate duties, as the Secretary may prescribe

16 under section 206(a) of this title.

17 ‘‘(f) RELATION TO HAZARDOUS DUTY INCENTIVE PAY

18 OR DIVING DUTY SPECIAL PAY.—A member receiving spe19 cial pay under section 301(a) or 304 of this title may not

20 be paid incentive pay under this section for the same period

21 of service.

22 ‘‘(g) SAVE PAY PROVISION.—If, immediately before a

23 member receives incentive pay under this section, the mem24 ber was entitled to incentive pay under section 301(a) of

25 this title, the rate at which the member is paid incentive
188

•S 1059 EAH

1 pay under this section shall be equal to the higher of the

2 monthly amount applicable under subsection (d) or the rate

3 of incentive pay the member was receiving under subsection

4 (b) or (c)(2)(A) of section 301 of this title.

5 ‘‘(h) SPECIALTY CODE OF DROPSONDE SYSTEM OPER6 ATORS.—Within the Air Force, the Secretary of the Air

7 Force shall assign to members who are dropsonde system

8 operators a specialty code that identifies such members as

9 serving in a weather specialty.

10 ‘‘(i) DEFINITIONS.—In this section:

11 ‘‘(1) The term ‘aviation service’ means partici12 pation in aerial flight performed, under regulations

13 prescribed by the Secretary concerned, by an eligible

14 career enlisted flyer.

15 ‘‘(2) The term ‘operational flying duty’ means

16 flying performed under competent orders while serv17 ing in assignments, including an assignment as a

18 dropsonde system operator, in which basic flying

19 skills normally are maintained in the performance of

20 assigned duties as determined by the Secretary con21 cerned, and flying duty performed by members in

22 training that leads to the award of an enlisted avia23 tion rating or military occupational specialty des24 ignated as a career enlisted flyer rating or specialty

25 by the Secretary concerned.’’.
189

•S 1059 EAH

1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 5 of title 37, United States Code,

3 is amended by inserting after the item relating to section

4 319 the following new item:

‘‘320. Incentive pay: career enlisted flyers.’’.

5 SEC. 625. AUTHORIZATION OF JUDGE ADVOCATE CONTINU6 ATION PAY.

7 (a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of

8 title 37, United States Code, is amended by inserting after

9 section 320, as added by section 624, the following new sec10 tion:

11 ‘‘§ 321. Special pay: judge advocate continuation pay

12 ‘‘(a) ELIGIBLE JUDGE ADVOCATE DEFINED.—In this

13 section, the term ‘eligible judge advocate’ means an officer

14 of the armed forces on full-time active duty who—

15 ‘‘(1) is qualified and serving as a judge advocate,

16 as defined in section 801 of title 10; and

17 ‘‘(2) has completed any service commitment in18 curred through the officer’s original commissioning

19 program.

20 ‘‘(b) SPECIAL PAY AUTHORIZED.—An eligible judge

21 advocate who executes a written agreement, on or after Oc22 tober 1, 1999, to remain on active duty for a period of obli23 gated service specified in the agreement may, upon the ac24 ceptance of the agreement by the Secretary concerned, be

25 paid an amount not to exceed $60,000.
190

•S 1059 EAH

1 ‘‘(c) PRORATION.—The term of the written agreement

2 under subsection (b) and the amount payable under the

3 agreement may be prorated.

4 ‘‘(d) PAYMENT METHODS.—Upon acceptance of the

5 written agreement under subsection (b) by the Secretary

6 concerned, the total amount payable pursuant to the agree7 ment becomes fixed. The Secretary shall prepare an imple8 mentation plan specifying the amount of each installment

9 payment under the agreement and the times for payment

10 of the installments.

11 ‘‘(e) ADDITIONAL PAY.—Any amount paid under this

12 section is in addition to any other pay and allowances to

13 which an officer is entitled.

14 ‘‘(f) REPAYMENT.—(1) If an officer who has entered

15 into a written agreement under subsection (b) and has re16 ceived all or part of the amount payable under the agree17 ment fails to complete the total period of active duty speci18 fied in the agreement, the Secretary concerned may require

19 the officer to repay the United States, to the extent that

20 the Secretary determines conditions and circumstances

21 warrant, any or all sums paid under this section.

22 ‘‘(2) An obligation to repay the United States imposed

23 under paragraph (1) is for all purposes a debt owned to

24 the United States.
191

•S 1059 EAH

1 ‘‘(3) A discharge in bankruptcy under title 11 that is

2 entered less than five years after the termination of an

3 agreement entered into under subsection (b) does not dis4 charge the officer signing the agreement from a debt arising

5 under such agreement or under paragraph (1).

6 ‘‘(g) REGULATIONS.—The Secretary concerned shall

7 prescribe regulations to carry out this section.’’.

8 (2) The table of sections at the beginning of chapter

9 5 of title 37, United States Code, is amended by inserting

10 after the item relating to section 320 the following new item:

‘‘321. Special pay: judge advocate continuation pay.’’.

11 (b) STUDY AND REPORT ON ADDITIONAL RECRUIT12 MENT AND RETENTION INITIATIVES.—(1) The Secretary of

13 Defense shall conduct a study regarding the need for addi14 tional incentives to improve the recruitment and retention

15 of judge advocates for the Armed Forces. At a minimum,

16 the Secretary shall consider as possible incentives construc17 tive service credit for basic pay, educational loan repay18 ment, and Federal student loan relief.

19 (2) Not later than March 31, 2000, the Secretary shall

20 submit to Congress a report containing the findings and

21 recommendations resulting from the study.
192

•S 1059 EAH

1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 631. PROVISION OF LODGING IN KIND FOR RESERV4 ISTS PERFORMING TRAINING DUTY AND NOT

5 OTHERWISE ENTITLED TO TRAVEL AND

6 TRANSPORTATION ALLOWANCES.

7 Section 404(i) of title 37, United States Code, is

8 amended—

9 (1) in paragraph (1), by adding at the end the

10 following new sentence: ‘‘If transient government

11 housing is unavailable, the Secretary concerned may

12 provide the member with lodging in kind in the same

13 manner as members entitled to such allowances under

14 subsection (a).’’; and

15 (2) in paragraph (3)—

16 (A) by inserting after ‘‘paragraph (1)’’ the

17 following: ‘‘and expenses of providing lodging in

18 kind under such paragraph’’; and

19 (B) by adding at the end the following new

20 sentence: ‘‘Use of Government charge cards is au21 thorized for payment of these expenses.’’.
193

•S 1059 EAH

1 SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES

2 FOR MEMBERS MAKING THEIR FIRST PERMA3 NENT CHANGE OF STATION.

4 (a) AUTHORITY TO PAY OR REIMBURSE.—Section

5 404a(a) of title 37, United States Code, is amended

6 (1) in paragraph (1), by striking ‘‘or’’ at the

7 end;

8 (2) in paragraph (2), by inserting ‘‘or’’ after the

9 semicolon; and

10 (3) by inserting after paragraph (2) the fol11 lowing new paragraph:

12 ‘‘(3) in the case of an enlisted member who is re13 porting to the member’s first permanent duty station,

14 from the member’s home of record or initial technical

15 school to that first permanent duty station;’’.

16 (b) DURATION.—Such section is further amended—

17 (1) in the second sentence, by striking ‘‘clause

18 (1)’’ and inserting ‘‘paragraph (1) or (3)’’; and

19 (2) in the third sentence, by striking ‘‘clause (2)’’

20 and inserting ‘‘paragraph (2)’’.

21 SEC. 633. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.

22 Section 411d(b)(1) of title 37, United States Code, is

23 amended—

24 (1) in subparagraph (A), by striking ‘‘or’’ at the

25 end;
194

•S 1059 EAH

1 (2) by redesignating subparagraph (B) as sub2 paragraph (C); and

3 (3) by inserting after subparagraph (A) the fol4 lowing new subparagraph:

5 ‘‘(B) to any airport in the continental United

6 States to which travel can be arranged at the same

7 or a lower cost as travel obtained under subparagraph

8 (A); or’’.

9 Subtitle D—Retired Pay Reform

10 SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY

11 TO MEMBERS ELECTING NEW 15-YEAR CA12 REER STATUS BONUS.

13 (a) RETIRED PAY MULTIPLIER.—Paragraph (2) of

14 section 1409(b) of title 10, United States Code, is amended

15 by inserting ‘‘has elected to receive a bonus under section

16 321 of title 37,’’ after ‘‘July 31, 1986,’’.

17 (b) COST-OF-LIVING ADJUSTMENTS.—Paragraph (3)

18 of section 1401a(b) of such title is amended to read as fol19 lows:

20 ‘‘(3) POST-AUGUST 1, 1986 MEMBERS.—

21 ‘‘(A) MEMBERS ELECTING 15-YEAR CAREER

22 STATUS BONUS.—In the case of a member or

23 former member who first became a member on or

24 after August 1, 1986, and who elected to receive

25 a bonus under section 321 of title 37, the Sec-
195

•S 1059 EAH

1 retary shall increase the retired pay of the mem2 ber or former member (unless the percent deter3 mined under paragraph (2) is less than 1 per4 cent) by the difference between—

5 ‘‘(i) the percent determined under

6 paragraph (2); and

7 ‘‘(ii) 1 percent.

8 ‘‘(B) MEMBERS NOT ELECTING 15-YEAR CA9 REER STATUS BONUS.—In the case of a member

10 or former member who first became a member on

11 or after August 1, 1986, and who did not elect

12 to receive a bonus under section 321 of title 37,

13 the Secretary shall increase the retired pay of the

14 member or former member—

15 ‘‘(i) if the percent determined under

16 paragraph (2) is equal to or greater than 3

17 percent, by the difference between—

18 ‘‘(I) the percent determined under

19 paragraph (2); and

20 ‘‘(II) 1 percent; and

21 ‘‘(ii) if the percent determined under

22 paragraph (2) is less than 3 percent, by the

23 lesser of—

24 ‘‘(I) the percent determined under

25 paragraph (2); or
196

•S 1059 EAH

1 ‘‘(II) 2 percent.’’.

2 (c) RECOMPUTATION OF RETIRED PAY AT AGE 62.—

3 Section 1410 of such title is amended—

4 (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In

5 the case of’’;

6 (2) by inserting after ‘‘62 years of age,’’ the fol7 lowing: ‘‘in accordance with subsection (b) or (c), as

8 applicable.

9 ‘‘(b) MEMBERS RECEIVING CAREER STATUS BONUS.—

10 In the case of a member or former member described in sub11 section (a) who received a bonus under section 321 of title

12 37, the retired pay of the member or former member shall

13 be recomputed under subsection (a)’’;

14 (3) by striking ‘‘that date’’ and inserting ‘‘the ef15 fective date of the recomputation’’; and

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

17 ‘‘(c) MEMBERS NOT RECEIVING CAREER STATUS

18 BONUS.—In the case of a member or former member de19 scribed in subsection (a) who did not receive a bonus under

20 section 321 of title 37, the retired pay of the member or

21 former member shall be recomputed under subsection (a) so

22 as to be the amount equal to the amount of retired pay

23 to which the member or former member would be entitled

24 on the effective date of the recomputation if increases in

25 the retired pay of the member or former member under sec-
197

•S 1059 EAH

1 tion 1401a(b) of this title had been computed as provided

2 in paragraph (2) of that section (rather than under para3 graph (3)(B) of that section).’’.

4 SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS

5 BONUS.

6 (a) CAREER SERVICE BONUS.—Chapter 5 of title 37,

7 United States Code, is amended by inserting after section

8 321, as added by section 625, the following new section:

9 ‘‘§ 322. Special pay: 15-year career status bonus for

10 members entering service on or after Au11 gust 1, 1986

12 ‘‘(a) ELIGIBLE CAREER BONUS MEMBER DEFINED.—

13 In this section, the term ‘eligible career bonus member’

14 means a member of a uniformed service serving on active

15 duty who—

16 ‘‘(1) first became a member on or after August

17 1, 1986; and

18 ‘‘(2) has completed 15 years of active duty in the

19 uniformed services (or has received notification under

20 subsection (e) that the member is about to complete

21 that duty).

22 ‘‘(b) AVAILABILITY OF BONUS.—The Secretary con23 cerned shall pay a bonus under this section to an eligible

24 career bonus member if the member—
198

•S 1059 EAH

1 ‘‘(1) elects to receive the bonus under this section;

2 and

3 ‘‘(2) executes a written agreement (prescribed by

4 the Secretary concerned) to remain continuously on

5 active duty until the member has completed 20 years

6 of active-duty service creditable under section 1405 of

7 title 10, if the member is not already obligated to re8 main on active duty for a period that would result

9 in at least 20 years of active-duty service.

10 ‘‘(c) ELECTION METHOD.—The election under sub11 section (b)(1) shall be made in such form and within such

12 period as the Secretary concerned may prescribe. An elec13 tion under such subsection is irrevocable.

14 ‘‘(d) AMOUNT OF BONUS; PAYMENT.—(1) A bonus

15 under this section shall be paid in one lump sum of

16 $30,000.

17 ‘‘(2) The bonus shall be paid to an eligible career bonus

18 member not later than the first month that begins on or

19 after the date that is 60 days after the date on which the

20 Secretary concerned receives from the member the election

21 required under subsection (b)(1) and the written agreement

22 required under subsection (b)(2), if applicable.

23 ‘‘(e) NOTIFICATION OF ELIGIBILITY.—(1) The Sec24 retary concerned shall transmit to each member who satis25 fies the definition of eligible career bonus member a written
199

•S 1059 EAH

1 notification of the opportunity of the member to elect to re2 ceive a bonus under this section. The Secretary shall provide

3 the notification not later than 180 days before the date on

4 which the member will complete 15 years of active duty.

5 ‘‘(2) The notification shall include the following:

6 ‘‘(A) The procedures for electing to receive the

7 bonus.

8 ‘‘(B) An explanation of the effects under sections

9 1401a, 1409, and 1410 of title 10 that such an elec10 tion has on the computation of any retired or retainer

11 pay that the member may become eligible to receive.

12 ‘‘(f) REPAYMENT OF BONUS.—(1) If a person paid a

13 bonus under this section fails to complete the total period

14 of active duty specified in subsection (b)(2), the person shall

15 refund to the United States the amount that bears the same

16 ratio to the amount of the bonus payment as the unserved

17 part of that total period bears to the total period.

18 ‘‘(2) Subject to paragraph (3), an obligation to reim19 burse the United States imposed under paragraph (1) is

20 for all purposes a debt owed to the United States.

21 ‘‘(3) The Secretary concerned may waive, in whole or

22 in part, a refund required under paragraph (1) if the Sec23 retary concerned determines that recovery would be against

24 equity and good conscience or would be contrary to the best

25 interests of the United States.
200

•S 1059 EAH

1 ‘‘(4) A discharge in bankruptcy under title 11 that is

2 entered less than five years after the termination of an

3 agreement under this section does not discharge the member

4 signing such agreement from a debt arising under the agree5 ment or this subsection.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections at

7 the beginning of such chapter is amended by inserting after

8 the item relating to section 321 the following new item:

‘‘322. Special pay: 15-year career status bonus for members entering service on

or after August 1, 1986.’’.

9 SEC. 643. CONFORMING AMENDMENTS.

10 (a) CONFORMING AMENDMENT TO SURVIVOR BENEFIT

11 PLAN PROVISION.—Section 1451(h)(3) of title 10, United

12 States Code, is amended by inserting ‘‘OF CERTAIN MEM13 BERS’’ after ‘‘RETIREMENT’’.

14 (b) RELATED TECHNICAL AMENDMENTS.—Chapter 71

15 of such title is amended as follows:

16 (1) Section 1401a(b) is amended by striking the

17 heading for paragraph (1) and inserting ‘‘INCREASE

18 REQUIRED.—’’.

19 (2) Section 1409(b)(2) is amended by inserting

20 ‘‘CERTAIN’’ in the paragraph heading after ‘‘REDUC21 TION APPLICABLE TO’’.

22 SEC. 644. EFFECTIVE DATE.

23 The amendments made by sections 641, 642, and 643

24 shall take effect on October 1, 1999.
201

•S 1059 EAH

1 Subtitle E—Other Retired Pay and

2 Survivor Benefit Matters

3 SEC. 651. EFFECTIVE DATE OF DISABILITY RETIREMENT

4 FOR MEMBERS DYING IN CIVILIAN MEDICAL

5 FACILITIES.

6 (a) IN GENERAL.—(1) Chapter 61 of title 10, United

7 States Code, is amended by inserting after section 1219 the

8 following new section:

9 ‘‘§ 1220. Members dying in civilian medical facilities:

10 authority for determination of later time

11 of death to allow disability retirement

12 ‘‘(a) AUTHORITY FOR LATER TIME-OF-DEATH DETER13 MINATION TO ALLOW DISABILITY RETIREMENT.—In the

14 case of a member of the armed forces who dies in a civilian

15 medical facility in a State, the Secretary concerned may,

16 solely for the purpose of allowing retirement of the member

17 under section 1201 or 1204 of this title and subject to sub18 section (b), specify a date and time of death of the member

19 later than the date and time of death determined by the

20 attending physician in that civilian medical facility.

21 ‘‘(b) LIMITATIONS.—A date and time of death may be

22 determined by the Secretary concerned under subsection (a)

23 only if that date and time—

24 ‘‘(1) are consistent with the date and time of

25 death that reasonably could have been determined by
202

•S 1059 EAH

1 an attending physician in a military medical facility

2 if the member had died in a military medical facility

3 in the same State as the civilian medical facility; and

4 ‘‘(2) are not more than 48 hours later than the

5 date and time of death determined by the attending

6 physician in the civilian medical facility.

7 ‘‘(c) STATE DEFINED.—In this section, the term ‘State’

8 includes the District of Columbia and any Commonwealth

9 or possession of the United States.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by inserting after the item relating to section

12 1219 the following new item:

‘‘1220. Members dying in civilian medical facilities: authority for determination

of later time of death to allow disability retirement.’’.

13 (b) EFFECTIVE DATE.—(1) Section 1220 of title 10,

14 United States Code, as added by subsection (a), shall apply

15 with respect to any member of the Armed Forces dying in

16 a civilian medical facility on or after January 1, 1998.

17 (2) In the case of any such member dying on or after

18 such date and before the date of the enactment of this Act,

19 any specification by the Secretary concerned under such

20 section with respect to the date and time of death of such

21 member shall be made not later than 180 days after the

22 date of the enactment of this Act.
203

•S 1059 EAH

1 SEC. 652. EXTENSION OF ANNUITY ELIGIBILITY FOR SUR2 VIVING SPOUSES OF CERTAIN RETIREMENT

3 ELIGIBLE RESERVE MEMBERS.

4 (a) COVERAGE OF SURVIVING SPOUSES OF ALL GRAY

5 AREA RETIREES.—Section 644(a)(1)(B) of the National

6 Defense Authorization Act for Fiscal Year 1998 (Public

7 Law 105–85; 111 Stat. 1800) is amended by striking ‘‘dur8 ing the period beginning on September 21, 1972, and end9 ing on’’ and inserting ‘‘before’’.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall apply with respect to annuities payable

12 for months beginning after September 30, 1999.

13 SEC. 653. PRESENTATION OF UNITED STATES FLAG TO RE14 TIRING MEMBERS OF THE UNIFORMED SERV15 ICES NOT PREVIOUSLY COVERED.

16 (a) NONREGULAR SERVICE MILITARY RETIREES.—(1)

17 Chapter 1217 of title 10, United States Code, is amended

18 by adding at the end the following new section:

19 ‘‘§ 12605. Presentation of United States flag: members

20 transferred from an active status or dis21 charged after completion of eligibility for

22 retired pay

23 ‘‘(a) PRESENTATION OF FLAG.—Upon the transfer

24 from an active status or discharge of a Reserve who has

25 completed the years of service required for eligibility for re-
204

•S 1059 EAH

1 tired pay under chapter 1223 of this title, the Secretary

2 concerned shall present a United States flag to the member.

3 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—

4 A member is not eligible for presentation of a flag under

5 subsection (a) if the member has previously been presented

6 a flag under this section or any provision of law providing

7 for the presentation of a United States flag incident to re8 lease from active service for retirement.

9 ‘‘(c) NO COST TO RECIPIENT.—The presentation of a

10 flag under this section shall be at no cost to the recipient.’’.

11 (2) The table of sections at the beginning of such chap12 ter is amended by adding at the end the following new item:

‘‘12605. Presentation of United States flag: members transferred from an active

status or discharged after completion of eligibility for retired

pay.’’.

13 (b) PUBLIC HEALTH SERVICE.—Title II of the Public

14 Health Service Act is amended by inserting after section

15 212 (42 U.S.C. 213) the following new section:

16 ‘‘PRESENTATION OF UNITED STATES FLAG UPON

17 RETIREMENT

18 ‘‘SEC. 213. (a) Upon the release of an officer of the

19 commissioned corps of the Service from active commissioned

20 service for retirement, the Secretary of Health and Human

21 Services shall present a United States flag to the officer.

22 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—

23 An officer is not eligible for presentation of a flag under

24 subsection (a) if the officer has previously been presented
205

•S 1059 EAH

1 a flag under this section or any other provision of law pro2 viding for the presentation of a United States flag incident

3 to release from active service for retirement.

4 ‘‘(c) NO COST TO RECIPIENT.—The presentation of a

5 flag under this section shall be at no cost to the recipient.’’.

6 (c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS7 TRATION.—The Coast and Geodetic Survey Commissioned

8 Officers’ Act of 1948 is amended by inserting after section

9 24 (33 U.S.C. 853u) the following new section:

10 ‘‘SEC. 25. (a) Upon the release of a commissioned offi11 cer from active commissioned service for retirement, the

12 Secretary of Commerce shall present a United States flag

13 to the officer.

14 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—

15 An officer is not eligible for presentation of a flag under

16 subsection (a) if the officer has previously been presented

17 a flag under this section or any other provision of law pro18 viding for the presentation of a United States flag incident

19 to release from active service for retirement.

20 ‘‘(c) NO COST TO RECIPIENT.—The presentation of a

21 flag under this section shall be at no cost to the recipient.’’.

22 (d) EFFECTIVE DATE.—Section 12605 of title 10,

23 United States Code (as added by subsection (a)), section

24 413 of the Public Health Service Act (as added by sub25 section (b)), and section 25 of the Coast and Geodetic Sur-
206

•S 1059 EAH

1 vey Commissioned Officers’ Act of 1948 (as added by sub2 section (c)) shall apply with respect to releases from service

3 described in those sections on or after October 1, 1999.

4 (e) CONFORMING AMENDMENTS TO PRIOR LAW.—Sec5 tions 3681(b), 6141(b), and 8681(b) of title 10, United

6 States Code, and section 516(b) of title 14, United States

7 Code, are each amended by striking ‘‘under this section’’

8 and all that follows through the period and inserting

9 ‘‘under this section or any other provision of law providing

10 for the presentation of a United States flag incident to re11 lease from active service for retirement.’’.

12 SEC. 654. ACCRUAL FUNDING FOR RETIREMENT SYSTEM

13 FOR COMMISSIONED CORPS OF NATIONAL

14 OCEANIC AND ATMOSPHERIC ADMINISTRA15 TION.

16 (a) INCLUSION OF NOAA OFFICERS IN DOD MILITARY

17 RETIREMENT FUND.—Section 1461 of title 10, United

18 States Code, is amended—

19 (1) in subsection (a), by inserting ‘‘and the De20 partment of Commerce’’ after ‘‘Department of De21 fense’’;

22 (2) in subsection (b)—

23 (A) by inserting ‘‘and the Coast and Geo24 detic Survey Commissioned Officers’ Act of 1948
207

•S 1059 EAH

1 (33 U.S.C. 853a et seq.)’’ in paragraph (1) after

2 ‘‘this title’’;

3 (B) by striking ‘‘and’’ at the end of para4 graph (2);

5 (C) by striking the period at the end of

6 paragraph (3) and inserting ‘‘; and’’; and

7 (D) by adding at the end the following new

8 paragraph:

9 ‘‘(4) the programs under the jurisdiction of the

10 Department of Commerce providing annuities for sur11 vivors of members and former members of the NOAA

12 Corps.’’; and

13 (3) by adding at the end the following new sub14 section:

15 ‘‘(c) In this chapter, the term ‘NOAA Corps’ means

16 the National Oceanic and Atmospheric Administration

17 Commissioned Corps and its predecessors.’’.

18 (b) PAYMENTS FROM THE FUND.—Section 1463(a) of

19 such title is amended—

20 (1) in paragraph (1), by striking ‘‘and Marine

21 Corps’’ and inserting ‘‘Marine Corps, and the NOAA

22 Corps’’; and

23 (2) in paragraph (4)—

24 (A) by inserting ‘‘and the Department of

25 Commerce’’ after ‘‘Department of Defense’’; and
208

•S 1059 EAH

1 (B) by striking ‘‘armed forces’’ and insert2 ing ‘‘uniformed services’’.

3 (c) REPORTS BY BOARD OF ACTUARIES.—Section

4 1464(b) of such title is amended by inserting ‘‘and the Sec5 retary of Commerce with respect to the NOAA Corps’’ after

6 ‘‘Secretary of Defense’’.

7 (d) DEPARTMENT OF COMMERCE CONTRIBUTIONS TO

8 THE FUND.—Section 1465 of such title is amended as fol9 lows:

10 (1) Subsection (a) is amended—

11 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

12 (B) by adding at the end the following new

13 paragraph:

14 ‘‘(2) Not later than January 1, 2000, the Secretary

15 of Commerce shall provide to the Board the amount that

16 is the present value (as of October 1, 1999) of future benefits

17 payable from the Fund that are attributable to service in

18 the NOAA Corps performed before October 1, 1999. That

19 amount is the NOAA Corps original unfunded liability of

20 the Fund. The Board shall determine the period of time over

21 which that unfunded liability should be liquidated and shall

22 determine an amortization schedule for the liquidation of

23 such liability over that period. Contributions to the Fund

24 for the liquidation of the original unfunded liability in ac-
209

•S 1059 EAH

1 cordance with that schedule shall be made as provided in

2 section 1466(b) of this title.’’.

3 (2) Subsection (b) is amended—

4 (A) in paragraph (1)—

5 (i) by inserting ‘‘and the Secretary of

6 Commerce’’ after ‘‘Secretary of Defense’’ in

7 the matter preceding subparagraph (A);

8 (ii) by inserting ‘‘and the Department

9 of Commerce contributions with respect to

10 the NOAA Corps’’ after ‘‘Department of De11 fense contributions’’ in the matter preceding

12 subparagraph (A); and

13 (iii) by adding at the end the following

14 new subparagraph:

15 ‘‘(C) The product of—

16 ‘‘(i) the current estimate of the value of the

17 single level percentage of basic pay to be deter18 mined under subsection (c)(1)(C) at the time of

19 the next actuarial valuation under subsection

20 (c); and

21 ‘‘(ii) the total amount of basic pay expected

22 to be paid during that fiscal year to members of

23 the NOAA Corps.’’; and

24 (B) in paragraph (2)—
210

•S 1059 EAH

1 (i) by inserting ‘‘and the Department

2 of Commerce’’ after ‘‘Department of De3 fense’’; and

4 (ii) by inserting ‘‘and shall include

5 separate amounts for the Department of De6 fense and the Department of Commerce’’

7 after ‘‘section 1105 of title 31’’.

8 (3) Subsection (c)(1) is amended—

9 (A) by inserting ‘‘and the Secretary of Com10 merce with respect to the NOAA Corps’’ in the

11 first sentence after ‘‘Secretary of Defense’’;

12 (B) by striking ‘‘and’’ at the end of sub13 paragraph (A);

14 (C) by striking the period at the end of sub15 paragraph (B) and inserting ‘‘; and’’; and

16 (D) by inserting after subparagraph (B) the

17 following new subparagraph:

18 ‘‘(C) a determination (using the aggregate entry19 age normal cost method) of a single level percentage

20 of basic pay for members of the NOAA Corps.’’.

21 (e) PAYMENTS INTO THE FUND.—Section 1466 of such

22 title is amended—

23 (1) in subsection (a)—
211

•S 1059 EAH

1 (A) by inserting ‘‘and the Secretary of Com2 merce with respect to the NOAA Corps’’ after

3 ‘‘Secretary of Defense’’;

4 (B) by striking ‘‘Department of Defense’’

5 after ‘‘each month as the’’;

6 (C) by inserting ‘‘and 1465(c)(1)(C)’’ in

7 paragraph (1)(A) after ‘‘section 1465(c)(1)(A)’’;

8 (D) by inserting ‘‘and by members of the

9 NOAA Corps’’ in paragraph (1)(B) before the pe10 riod; and

11 (E) by inserting ‘‘or members of the NOAA

12 Corps’’ before the period at the end of the last

13 sentence of that subsection;

14 (2) in subsection (b)(2), by inserting ‘‘and the

15 NOAA original unfunded liability’’ after ‘‘original

16 unfunded liability’’; and

17 (3) by adding at the end the following new sub18 section:

19 ‘‘(c)(1) The Secretary of Transportation shall process,

20 on behalf of the Fund, payments under section 1463 of this

21 title to members on the retired list of the NOAA Corps and

22 to survivors of members and former members of the NOAA

23 Corps.
212

•S 1059 EAH

1 ‘‘(2) Payments made by the Secretary of Transpor2 tation under paragraph (1) shall be charged against the

3 Fund.’’.

4 (f) EFFECTIVE DATE.—The amendments made by this

5 section shall take effect on October 1, 1999.

6 SEC. 655. DISABILITY RETIREMENT OR SEPARATION FOR

7 CERTAIN MEMBERS WITH PRE-EXISTING CON8 DITIONS.

9 (a) DISABILITY RETIREMENT.—(1) Chapter 61 of title

10 10, United States Code, is amended by inserting after sec11 tion 1207 the following new section:

12 ‘‘§ 1207a. Members with over eight years of active serv13 ice: eligibility for disability retirement for

14 pre-existing conditions

15 ‘‘(a) In the case of a member described in subsection

16 (b) who would be covered by section 1201, 1202, or 1203

17 of this title but for the fact that the member’s disability

18 is determined to have been incurred before the member be19 coming entitled to basic pay in the member’s current period

20 of active duty, the disability shall be deemed to have been

21 incurred while the member was entitled to basic pay and

22 shall be so considered for purposes of determining whether

23 it was incurred in the line of duty.

24 ‘‘(b) A member described in subsection (a) is a member

25 with at least eight years of active service.’’.
213

•S 1059 EAH

1 (2) The table of sections at the beginning of such chap2 ter is amended by inserting after the item relating to section

3 1207 the following new item:

‘‘1207a. Members with over eight years of active service: eligibility for disability

retirement for pre-existing conditions.’’.

4 (b) NONREGULAR SERVICE RETIREMENT.—(1) Chap5 ter 1223 of such title is amended by inserting after section

6 12731a the following new section:

7 ‘‘§ 12731b. Special rule for members with physical dis8 abilities not incurred in line of duty

9 ‘‘In the case of a member of the Selected Reserve of

10 a reserve component who no longer meets the qualifications

11 for membership in the Selected Reserve solely because the

12 member is unfit because of physical disability, the Secretary

13 concerned may, for purposes of section 12731 of this title,

14 determine to treat the member as having met the service

15 requirements of subsection (a)(2) of that section and provide

16 the member with the notification required by subsection (d)

17 of that section if the member has completed at least 15, and

18 less than 20, years of service computed under section 12732

19 of this title.

20 ‘‘(b) Notification under subsection (a) may not be

21 made if—

22 ‘‘(1) the disability was the result of the member’s

23 intentional misconduct, willful neglect, or willful fail-
214

•S 1059 EAH

1 ure to comply with standards and qualifications for

2 retention established by the Secretary concerned; or

3 ‘‘(2) the disability was incurred during a period

4 of unauthorized absence.’’

5 (2) The table of sections at the beginning of such chap6 ter is amended by inserting after the item relating to section

7 12731a the following new item:

‘‘12731b. Special rule for members with physical disabilities not incurred in line

of duty.’’.

8 (c) SEPARATION.—Section 1206(5) of such title is

9 amended by inserting ‘‘, in the case of a disability incurred

10 before the date of the enactment of the National Defense Au11 thorization Act for Fiscal Year 2000,’’ after ‘‘determination,

12 and’’.

13 Subtitle F—Eligibility to Partici14 pate in the Thrift Savings Plan

15 SEC. 661. AUTHORITY FOR MEMBERS OF THE UNIFORMED

16 SERVICES TO CONTRIBUTE TO THE THRIFT

17 SAVINGS FUND.

18 (a) AUTHORITY FOR MEMBERS OF THE UNIFORMED

19 SERVICES TO CONTRIBUTE TO THE THRIFT SAVINGS

20 FUND.—(1) Subchapter III of chapter 84 of title 5, United

21 States Code, is amended by adding at the end the following:
215

•S 1059 EAH

1 ‘‘§ 8440e. Members of the uniformed services

2 ‘‘(a)(1) A member of the uniformed services performing

3 active service may elect to contribute to the Thrift Savings

4 Fund—

5 ‘‘(A) a portion of such individual’s basic pay; or

6 ‘‘(B) a portion of any special or incentive pay

7 payable to such individual under chapter 5 of title

8 37.

9 Any contribution under subparagraph (B) shall be made

10 by direct transfer to the Thrift Savings Fund by the Sec11 retary concerned.

12 ‘‘(2)(A) Except as provided in subparagraph (B), an

13 election under paragraph (1) may be made only during a

14 period provided under section 8432(b), subject to the same

15 conditions as prescribed under paragraph (2)(A)–(D) there16 of.

17 ‘‘(B)(i) Notwithstanding subparagraph (A), a member

18 of the uniformed services performing active service on the

19 effective date of this section may make the first such election

20 during the 60–day period beginning on such effective date.

21 ‘‘(ii) An election made under this subparagraph shall

22 take effect on the first day of the first applicable pay period

23 beginning after the close of the 60–day period referred to

24 in clause (i).

25 ‘‘(b)(1) Except as otherwise provided in this sub26 section, the provisions of this subchapter and subchapter
216

•S 1059 EAH

1 VII shall apply with respect to members of the uniformed

2 services making contributions to the Thrift Savings Fund.

3 ‘‘(2)(A) The amount contributed by a member of the

4 uniformed services under subsection (a)(1)(A) for any pay

5 period shall not exceed 5 percent of such member’s basic

6 pay for such pay period.

7 ‘‘(B) Nothing in this section or section 211 of title 37

8 shall be considered to waive any dollar limitation under

9 the Internal Revenue Code of 1986 which otherwise applies

10 with respect to the Thrift Savings Fund.

11 ‘‘(3) No contributions under section 8432(c) shall be

12 made for the benefit of a member of the uniformed services

13 making contributions to the Thrift Savings Fund under

14 subsection (a).

15 ‘‘(4) In applying section 8433 to a member of the uni16 formed services who has an account balance in the Thrift

17 Savings Fund, the reference in subsection (g)(1) or (h)(3)

18 of section 8433 to contributions made under section 8432(a)

19 shall be considered a reference to contributions made under

20 any of sections 8351, 8432(a), 8432b(b), or 8440a–8440e.

21 ‘‘(c) For purposes of this section—

22 ‘‘(1) the term ‘basic pay’ has the meaning given

23 such term by section 204 of title 37;

24 ‘‘(2) the term ‘active service’ means—
217

•S 1059 EAH

1 ‘‘(A) active duty for a period of more than

2 30 days, as defined by section 101(d)(2) of title

3 10; and

4 ‘‘(B) full-time National Guard duty, as de5 fined by section 101(d)(5) of title 10;

6 ‘‘(3) the term ‘Secretary concerned’ has the

7 meaning given such term by section 101 of title 37;

8 and

9 ‘‘(4) any reference to ‘separation from Govern10 ment employment’ shall be considered a reference to

11 a release from active duty (not followed by a resump12 tion of active duty, or an appointment to a position

13 covered by chapter 83 or 84 of title 5 or an equivalent

14 retirement system, as identified by the Executive Di15 rector in regulations) before the end of the 31-day pe16 riod beginning on the day following the date of sepa17 ration), a transfer to inactive status, or a transfer to

18 a retired list pursuant to any provision of title 10.’’.

19 (2) The table of sections at the beginning of chapter

20 84 of title 5, United States Code, is amended by adding

21 after the item relating to section 8440d the following:

‘‘8440e. Members of the uniformed services.’’.

22 (b) AMENDMENTS RELATING TO THE EMPLOYEE

23 THRIFT ADVISORY COUNCIL.—Section 8473 of title 5,

24 United States Code, is amended—
218

•S 1059 EAH

1 (1) in subsections (a) and (b) by striking ‘‘14

2 members’’ and inserting ‘‘15 members’’; and

3 (2) in subsection (b) by striking ‘‘and’’ at the

4 end of paragraph (8), by striking the period at the

5 end of paragraph (9) and inserting ‘‘; and’’, and by

6 adding at the end the following:

7 ‘‘(10) 1 shall be appointed to represent partici8 pants who are members of the uniformed services

9 (within the meaning of section 8440e).’’.

10 (c) TECHNICAL AND CONFORMING AMENDMENTS.—(1)

11 Paragraph (11) of section 8351(b) of title 5, United States

12 Code, is amended by redesignating such paragraph as para13 graph (8).

14 (2) Subparagraph (B) of section 8432b(b)(2) of title

15 5, United States Code, is amended by striking ‘‘section

16 8432(a)’’ and inserting ‘‘sections 8432(a) and 8440e, re17 spectively,’’.

18 (3)(A) Section 8439(a)(1) of title 5, United States

19 Code, is amended—

20 (i) by inserting ‘‘or 8432b(d)’’ after

21 ‘‘8432(c)(1)’’; and

22 (ii) by striking ‘‘8351’’ and inserting ‘‘8351,

23 8432b(b), or 8440a–8440e’’.
219

•S 1059 EAH

1 (B) Section 8439(a)(2)(A)(i) of title 5, United States

2 Code, is amended by striking ‘‘8432(a) or 8351’’ and insert3 ing ‘‘8351, 8432(a), 8432b(b), or 8440a–8440e’’.

4 (C) Section 8439(a)(2)(A)(ii) of title 5, United States

5 Code, is amended by striking ‘‘title;’’ and inserting ‘‘title

6 (including subsection (c) or (d) of section 8432b);’’.

7 (D) Section 8439(a)(2)(A) of title 5, United States

8 Code, is amended by striking ‘‘and’’ at the end of clause

9 (ii), by striking ‘‘, over’’ at the end of clause (iii) and in10 serting ‘‘; and’’, and by adding after clause (iii) the fol11 lowing:

12 ‘‘(iv) any other amounts paid, allocated, or

13 otherwise credited to such individual’s account,

14 over’’.

15 SEC. 662. CONTRIBUTIONS TO THRIFT SAVINGS FUND.

16 (a) IN GENERAL.—(1) Chapter 3 of title 37, United

17 States Code, is amended by adding at the end the following:

18 ‘‘§ 211. Contributions to Thrift Savings Fund

19 ‘‘A member of the uniformed services who is per20 forming active service may elect to contribute, in accord21 ance with section 8440e of title 5, a portion of the basic

22 pay of the member for that service (or of any special or

23 incentive pay under chapter 5 of this title which relates

24 to that service) to the Thrift Savings Fund established by

25 section 8437 of title 5.’’.
220

•S 1059 EAH

1 (2) The table of sections at the beginning of such chap2 ter is amended by adding at the end the following:

‘‘211. Contributions to Thrift Savings Fund.’’.

3 SEC. 663. REGULATIONS.

4 Not later than 180 days after the date of the enactment

5 of this Act, the Executive Director (appointed by the Fed6 eral Retirement Thrift Investment Board) shall issue regu7 lations to implement sections 8351 and 8440e of title 5,

8 United States Code (as amended by section 661) and section

9 211 of title 37, United States Code (as amended by section

10 662).

11 SEC. 664. EFFECTIVE DATE.

12 (a) IN GENERAL.—Except as otherwise provided in

13 this section, the amendments made by this subtitle shall

14 take effect one year after the date of the enactment of this

15 Act, or on July 1, 2000, whichever is later.

16 (b) EXCEPTION.—Nothing in this subtitle (or any

17 amendment made by this subtitle) shall be considered to

18 permit the making of any contributions under section

19 8440e(a)(1)(B) of title 5, United States Code (as amended

20 by section 661), before December 1, 2000.

21 (c) EFFECTIVENESS CONTINGENT ON OFFSETTING

22 LEGISLATION.—(1) This subtitle shall be effective only if—

23 (A) the President, in the budget of the President

24 for fiscal year 2001, proposes legislation which if en25 acted would be qualifying offsetting legislation; and
221

•S 1059 EAH

1 (B) there is enacted during the second session of

2 the 106th Congress qualifying offsetting legislation.

3 (2) If the conditions in paragraph (1) are met, then,

4 this section shall take effect on the date on which qualifying

5 offsetting legislation is enacted or, if later, the effective date

6 determined under subsection (a).

7 (3) For purposes of this subsection:

8 (A) The term ‘‘qualifying offsetting legislation’’

9 means legislation (other than an appropriations Act)

10 that includes provisions that—

11 (i) offset fully the increased outlays for each

12 of fiscal years 2000 through 2009 to be made by

13 reason of the amendments made by this subtitle;

14 (ii) expressly state that they are enacted for

15 the purpose of the offset described in clause (i);

16 and

17 (iii) are included in full on the PayGo

18 scorecard.

19 (B) The term ‘‘PayGo scorecard’’ means the esti20 mates that are made with respect to fiscal years

21 through fiscal year 2009 by the Director of the Con22 gressional Budget Office and the Director of the Office

23 of Management and Budget under section 252(d) of

24 the Balanced Budget and Emergency Deficit Control

25 Act of 1985.
222

•S 1059 EAH

1 Subtitle G—Other Matters

2 SEC. 671. PAYMENTS FOR UNUSED ACCRUED LEAVE AS

3 PART OF REENLISTMENT.

4 Section 501 of title 37, United States Code, is

5 amended—

6 (1) in subsection (a)(1)—

7 (A) by striking ‘‘conditions or’’ and insert8 ing ‘‘conditions,’’; and

9 (B) by adding before the semicolon the fol10 lowing: ‘‘, or a reenlistment of the member (re11 gardless of when the reenlistment occurs)’’; and

12 (2) in subsection (b)(2), by striking ‘‘, or enter13 ing into an enlistment,’’.

14 SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR

15 MILITARY TECHNICIANS SERVING ON ACTIVE

16 DUTY WITHOUT PAY OUTSIDE THE UNITED

17 STATES.

18 (a) AUTHORITY TO PROVIDE PER DIEM ALLOW19 ANCE.—Section 1002(b) of title 37, United States Code, is

20 amended—

21 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

22 (2) by adding at the end the following new para23 graph:

24 ‘‘(2) If a military technician (dual status), as de25 scribed in section 10216 of title 10, is performing active
223

•S 1059 EAH

1 duty without pay while on leave from technician employ2 ment, as authorized by section 6323(d) of title 5, the Sec3 retary concerned may authorize the payment of a per diem

4 allowance to the military technician in lieu of commutation

5 for subsistence and quarters under paragraph (1).’’.

6 (b) TYPES OF OVERSEAS OPERATIONS.—Section

7 6323(d)(1) of title 5, United States Code, is amended by

8 striking ‘‘noncombat’’.

9 (c) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall be effective as of February 10, 1996, as

11 if included in section 1039 of the National Defense Author12 ization Act for Fiscal Year 1996 (Public Law 104–106; 110

13 Stat. 432).

14 SEC. 673. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PRO15 GRAM.

16 (a) PROGRAM REQUIRED.—Subsection (a) of section

17 1060a of title 10, United States Code, is amended by strik18 ing ‘‘AUTHORITY.—The Secretary of Defense may’’ and in19 serting ‘‘PROGRAM REQUIRED.—The Secretary of Defense

20 shall’’.

21 (b) FUNDING SOURCE.—Subsection (b) of such section

22 is amended to read as follows:

23 ‘‘(b) FUNDING MECHANISM.—The Secretary of Defense

24 shall use funds available for the Department of Defense to

25 carry out the program under subsection (a).’’.
224

•S 1059 EAH

1 (c) PROGRAM ADMINISTRATION.—Subsection (c) of

2 such section is amended—

3 (1) by striking paragraph (1)(B) and inserting

4 the following:

5 ‘‘(B) In determining income eligibility standards for

6 families of individuals participating in the program under

7 this section, the Secretary of Defense shall, to the extent

8 practicable, use the criterion described in subparagraph

9 (A). The Secretary shall also consider the value of housing

10 in kind provided to the individual when determining pro11 gram eligibility.’’;

12 (2) in paragraph (2), by adding before the pe13 riod at the end the following: ‘‘, particularly with re14 spect to nutrition education and counseling’’; and

15 (3) by adding at the end the following new para16 graph:

17 ‘‘(3) The Secretary of Agriculture shall provide tech18 nical assistance to the Secretary of Defense, if so requested

19 by the Secretary of Defense, for the purpose of carrying out

20 the program under subsection (a).’’.

21 (d) CONFORMING AMENDMENT.—Section 17 of the

22 Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended

23 by adding at the end the following new subsection:

24 ‘‘(q) The Secretary of Agriculture shall provide tech25 nical assistance to the Secretary of Defense, if so requested
225

•S 1059 EAH

1 by the Secretary of Defense, for the purpose of carrying out

2 the overseas special supplemental food program established

3 under section 1060a(a) of title 10, United States Code.’’.

4 SEC. 674. SPECIAL COMPENSATION FOR SEVERELY DIS5 ABLED UNIFORMED SERVICES RETIREES.

6 (a) AUTHORITY.—(1) Chapter 71 of title 10, United

7 States Code, is amended by adding at the end the following

8 new section:

9 ‘‘§ 1413. Special compensation for certain severely dis10 abled uniformed services retirees

11 ‘‘(a) AUTHORITY.—The Secretary concerned shall, sub12 ject to the availability of appropriations for such purpose,

13 pay to each eligible disabled uniformed services retiree a

14 monthly amount determined under subsection (b).

15 ‘‘(b) AMOUNT.—The amount to be paid (subject to the

16 availability of appropriations) to an eligible disabled uni17 formed services retiree in accordance with subsection (a) is

18 the following:

19 ‘‘(1) For any month for which the retiree has a

20 qualifying service-connected disability rated as total,

21 $300.

22 ‘‘(2) For any month for which the retiree has a

23 qualifying service-connected disability rated as 90

24 percent, $200.
226

•S 1059 EAH

1 ‘‘(3) For any month for which the retiree has a

2 qualifying service-connected disability rated as 80

3 percent or 70 percent, $100.

4 ‘‘(c) ELIGIBLE DISABLED UNIFORMED SERVICES RE5 TIREE DEFINED.—In this section, the term ‘eligible disabled

6 military retiree’ means a member of the uniformed services

7 in a retired status (who is retired under a provision of law

8 other than chapter 61 of this title) who—

9 ‘‘(1) completed at least 20 years of service in the

10 uniformed services that are creditable for purposes of

11 computing the amount of retired pay to which the

12 member is entitled; and

13 ‘‘(2) has a qualifying service-connected dis14 ability.

15 ‘‘(d) QUALIFYING SERVICE-CONNECTED DISABILITY

16 DEFINED.—In this section, the term ‘qualifying service-con17 nected disability’ means a service-connected disability

18 that—

19 ‘‘(1) was incurred or aggravated in the perform20 ance of duty as a member of a uniformed service, as

21 determined by the Secretary concerned; and

22 ‘‘(2) is rated as not less than 70 percent

23 disabling—
227

•S 1059 EAH

1 ‘‘(A) by the Secretary concerned as of the

2 date on which the member is retired from the

3 uniformed services; or

4 ‘‘(B) by the Secretary of Veterans Affairs

5 within four years following the date on which the

6 member is retired from the uniformed services.

7 ‘‘(e) STATUS OF PAYMENTS.—Payments under this

8 section are not retired pay.

9 ‘‘(f) SOURCE OF FUNDS.—(1) Payments under this

10 section for any fiscal year shall be paid out of funds appro11 priated for pay and allowances payable by the Secretary

12 concerned for that fiscal year.

13 ‘‘(2) If the amount of funds available to the Secretary

14 concerned for any fiscal year for payments under this sec15 tion is less than the amount required to make such pay16 ments to all eligible disabled uniformed services retirees for

17 that year, the Secretary shall make such payments first to

18 retirees described in paragraph (1) of subsection (b), then

19 (to the extent funds are available) to retirees described in

20 paragraph (2) of that subsection, and then (to the extent

21 funds are available) to retirees described in paragraph (3)

22 of that subsection.

23 ‘‘(g) OTHER DEFINITIONS.—In this section:
228

•S 1059 EAH

1 ‘‘(1) The terms ‘compensation’ and ‘service-con2 nected’ have the meanings given those terms in section

3 101 of title 38.

4 ‘‘(2) The term ‘disability rated as total’ means—

5 ‘‘(A) a disability that is rated as total

6 under the standard schedule of rating disabilities

7 in use by the Department of Veterans Affairs; or

8 ‘‘(B) a disability for which the schedular

9 rating is less than total but for which a rating

10 of total is assigned by reason of inability of the

11 disabled person concerned to secure or follow a

12 substantially gainful occupation as a result of

13 service-connected disabilities.

14 ‘‘(3) The term ‘retired pay’ includes retainer

15 pay, emergency officers’ retirement pay, and naval

16 pension.’’.

17 (2) The table of sections at the beginning of such chap18 ter is amended by adding at the end the following new item:

‘‘1413. Special compensation for certain severely disabled uniformed services retirees.’’.

19 (b) EFFECTIVE DATE.—Section 1413 of title 10,

20 United States Code, as added by subsection (a), shall take

21 effect on October 1, 1999, and shall apply to months that

22 begin on or after that date. No benefit may be paid to any

23 person by reason of that section for any period before that

24 date.
229

•S 1059 EAH

1 SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED

2 IN A CONTINGENCY OPERATION.

3 Section 2007(a) of title 10, United States Code, is

4 amended—

5 (1) in paragraph (2), by striking ‘‘and’’;

6 (2) in paragraph (3), by striking the period at

7 the end and inserting ‘‘; and’’; and

8 (3) by adding at the end the following new para9 graph:

10 ‘‘(4) in the case of a member serving in a contin11 gency operation or similar operational mission (other

12 than for training) designated by the Secretary con13 cerned, all of the charges may be paid.’’.

14 TITLE VII—HEALTH CARE

15 MATTERS

16 Subtitle A—Health Care Services

17 SEC. 701. PROVISION OF HEALTH CARE TO MEMBERS ON

18 ACTIVE DUTY AT CERTAIN REMOTE LOCA19 TIONS.

20 (a) IN GENERAL.—The Secretary of Defense shall enter

21 into agreements with designated providers under which

22 such providers will provide health care services in or

23 through managed care plans to an eligible member of the

24 Armed Forces who resides within the service area of the des25 ignated provider. The provisions in section 722(b)(2) of the

26 National Defense Authorization Act for Fiscal Year 1997
230

•S 1059 EAH

1 (Public Law 104–201; 10 U.S.C. 1073 note) shall apply

2 with respect to such agreements.

3 (b) ADHERENCE TO TRICARE PRIME REMOTE PRO4 GRAM POLICIES.—A designated provider who provides

5 health care to an eligible member described in subsection

6 (a) shall, in providing such care, adhere to policies of the

7 Department of Defense with respect to the TRICARE Prime

8 Remote program, including policies regarding coordination

9 with appropriate military medical authorities for specialty

10 referrals and hospitalization.

11 (c) REIMBURSEMENT RATES.—The Secretary shall ne12 gotiate with each designated provider reimbursement rates

13 that do not exceed reimbursement rates allowable under

14 TRICARE Standard.

15 (d) DEFINITIONS.—In this section:

16 (1) The term ‘‘eligible member’’ has the meaning

17 given that term in section 731(c) of the National De18 fense Authorization Act for Fiscal Year 1998 (Public

19 Law 105–85; 10 U.S.C. 1074 note).

20 (2) The term ‘‘designated provider’’ has the

21 meaning given that term in section 721(5) of the Na22 tional Defense Authorization Act for Fiscal Year 1997

23 (Public Law 104–201; 10 U.S.C. 1073 note).
231

•S 1059 EAH

1 SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.

2 (a) IN GENERAL.—Section 731 of the National Defense

3 Authorization Act for Fiscal Year 1995 (Public Law 103–

4 337; 10 U.S.C. 1092 note) is amended—

5 (1) in the heading, by striking ‘‘DEMONSTRA6 TION PROGRAM’’;

7 (2) in subsection (a), by adding at the end the

8 following new paragraph:

9 ‘‘(4) During fiscal year 2000, the Secretary shall con10 tinue to furnish the same chiropractic care in the military

11 medical treatment facilities designated pursuant to para12 graph (2)(A) as the chiropractic care furnished during the

13 demonstration program.’’;

14 (3) in subsection (c)—

15 (A) in paragraph (3), by striking ‘‘Com16 mittee on Armed Services of the Senate and the

17 Committee on National Security of the House of

18 Representatives’’ and inserting ‘‘Committees on

19 Armed Services of the Senate and the House of

20 Representatives’’; and

21 (B) in paragraph (5), by striking ‘‘May 1,

22 2000’’ and inserting ‘‘January 31, 2000’’;

23 (4) in subsection (d)—

24 (A) in paragraph (3)—
232

•S 1059 EAH

1 (i) by striking ‘‘; and’’ at the end of

2 subparagraph (C) and inserting a semi3 colon;

4 (ii) by striking the period at the end of

5 subparagraph (D) and inserting ‘‘; and’’;

6 and

7 (iii) by adding at the end the following

8 new subparagraph:

9 ‘‘(E) if the Secretary submits an implementation

10 plan pursuant to subsection (e), the preparation of

11 such plan.’’; and

12 (B) by adding at the end the following new

13 paragraph:

14 ‘‘(5) The Secretary shall—

15 ‘‘(A) make full use of the oversight advisory com16 mittee in preparing—

17 ‘‘(i) the final report on the demonstration

18 program conducted under this section; and

19 ‘‘(ii) the implementation plan described in

20 subsection (e); and

21 ‘‘(B) provide opportunities for members of the

22 committee to provide views as part of such final re23 port and plan.’’;

24 (5) by redesignating subsection (e) as subsection (f);

25 and
233

•S 1059 EAH

1 (6) by inserting after subsection (d) the following new

2 subsection:

3 ‘‘(e) IMPLEMENTATION PLAN.—If the Secretary of De4 fense recommends in the final report submitted under sub5 section (c) that chiropractic health care services should be

6 offered in medical care facilities of the Armed Forces or as

7 a health care service covered under the TRICARE program,

8 the Secretary shall, not later than March 31, 2000, submit

9 to the Committees on Armed Services of the House of Rep10 resentatives and the Senate an implementation plan for the

11 full integration of chiropractic health care services into the

12 military health care system of the Department of Defense,

13 including the TRICARE program. Such implementation

14 plan shall include—

15 ‘‘(1) a detailed analysis of the projected costs of

16 fully integrating chiropractic health care services into

17 the military health care system;

18 ‘‘(2) the proposed scope of practice for chiroprac19 tors who would provide services to covered bene20 ficiaries under chapter 55 of title 10, United States

21 Code;

22 ‘‘(3) the proposed military medical treatment fa23 cilities at which such services would be provided;
234

•S 1059 EAH

1 ‘‘(4) the military readiness requirements for

2 chiropractors who would provide services to such cov3 ered beneficiaries; and

4 ‘‘(5) any other relevant factors that the Secretary

5 considers appropriate.’’.

6 (b) CONFORMING AMENDMENT.—The item relating to

7 section 731 in the table of contents at the beginning of such

8 Act is amended to read as follows:

‘‘731. Chiropractic health care.’’.

9 SEC. 703. CONTINUATION OF PROVISION OF DOMICILIARY

10 AND CUSTODIAL CARE FOR CERTAIN

11 CHAMPUS BENEFICIARIES.

12 (a) CONTINUATION OF CARE.—(1) The Secretary of

13 Defense may, in any case in which the Secretary makes

14 the determination described in paragraph (2), continue to

15 provide payment under the Civilian Health and Medical

16 Program of the Uniformed Services (as defined in section

17 1072 of title 10, United States Code), for domiciliary or

18 custodial care services provided to an eligible beneficiary

19 that would otherwise be excluded from coverage under regu20 lations implementing section 1077(b)(1) of such title.

21 (2) A determination under this paragraph is a deter22 mination that discontinuation of payment for domiciliary

23 or custodial care services or transition to provision of care

24 under the individual case management program authorized

25 by section 1079(a)(17) of such title would be—
235

•S 1059 EAH

1 (A) inadequate to meet the needs of the eligible

2 beneficiary; and

3 (B) unjust to such beneficiary.

4 (b) ELIGIBLE BENEFICIARY DEFINED.—As used in

5 this section, the term ‘‘eligible beneficiary’’ means a covered

6 beneficiary (as that term is defined in section 1072 of title

7 10, United States Code) who, before the effective date of

8 final regulations to implement the individual case manage9 ment program authorized by section 1079(a)(17) of such

10 title, were provided domiciliary or custodial care services

11 for which the Secretary provided payment.

12 SEC. 704. REMOVAL OF RESTRICTION ON USE OF FUNDS

13 FOR ABORTIONS IN CERTAIN CASES OF RAPE

14 OR INCEST.

15 Section 1093(a) of title 10, United States Code, is

16 amended by inserting ‘‘or in a case in which the pregnancy

17 is the result of an act of forcible rape or incest which has

18 been reported to a law enforcement agency’’ before the pe19 riod.

20 Subtitle B—TRICARE Program

21 SEC. 711. IMPROVEMENTS TO CLAIMS PROCESSING UNDER

22 THE TRICARE PROGRAM.

23 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

24 States Code, is amended by inserting after section 1095b

25 the following new section:
236

•S 1059 EAH

1 ‘‘§ 1095c. TRICARE program: facilitation of proc2 essing of claims

3 ‘‘(a) REDUCTION OF PROCESSING TIME.—(1) With re4 spect to claims for payment for medical care provided under

5 the TRICARE program, the Secretary of Defense shall im6 plement a system for processing of claims under which—

7 ‘‘(A) 95 percent of all mistake-free claims must

8 be processed not later than 30 days after the date that

9 such claims are submitted to the claims processor;

10 and

11 ‘‘(B) 100 percent of all mistake-free claims must

12 be processed not later than 100 days after the date

13 that such claims are submitted to the claims proc14 essor.

15 ‘‘(2) The Secretary may, under the system required by

16 paragraph (1) and consistent with the provisions in chapter

17 39 of title 31, United States Code (commonly referred to

18 as the ‘Prompt Payment Act’), require that interest be paid

19 on claims that are not processed within 30 days.

20 ‘‘(b) REQUIREMENT TO PROVIDE START-UP TIME FOR

21 CERTAIN CONTRACTORS.—(1) The Secretary of Defense

22 shall not require that a contractor described in paragraph

23 (2) begin to provide managed care support pursuant to a

24 contract to provide such support under the TRICARE pro25 gram until at least nine months after the date of the award

26 of the contract. In such case the contractor may begin to
237

•S 1059 EAH

1 provide managed care support pursuant to the contract as

2 soon as practicable after the award of the contract, but in

3 no case later than one year after the date of such award.

4 ‘‘(2) A contractor under this paragraph is a contractor

5 who is awarded a contract to provide managed care support

6 under the TRICARE program—

7 ‘‘(A) who has not previously been awarded such

8 a contract by the Department of Defense; or

9 ‘‘(B) who has previously been awarded such a

10 contract by the Department of Defense but for whom

11 the subcontractors have not previously been awarded

12 the subcontracts for such a contract.’’.

13 (2) The table of sections at the beginning of such chap14 ter is amended by inserting after the item relating to section

15 1095b the following new item:

‘‘1095c. TRICARE program: facilitation of processing of claims.’’.

16 (b) REPORT.—Not later than 6 months after the date

17 of the enactment of this Act, the Secretary of Defense shall

18 submit to Congress a report on—

19 (1) the status of claims processing backlogs in

20 each TRICARE region;

21 (2) the estimated time frame for resolution of

22 such backlogs;

23 (3) efforts to reduce the number of change orders

24 with respect to contracts to provide managed care

25 support under the TRICARE program and to make
238

•S 1059 EAH

1 such change orders in groups on a quarterly basis

2 rather than one at a time;

3 (4) the extent of success in simplifying claims

4 processing procedures through reduction of reliance of

5 the Department of Defense on, and the complexity of,

6 the health care service record;

7 (5) application of best industry practices with

8 respect to claims processing, including electronic

9 claims processing; and

10 (6) any other initiatives of the Department of

11 Defense to improve claims processing procedures.

12 (c) DEADLINE FOR IMPLEMENTATION.—The system for

13 processing claims required under section 1095c(a) of title

14 10, United States Code (as added by subsection (a)), shall

15 be implemented not later than 6 months after the date of

16 the enactment of this Act.

17 (d) APPLICABILITY.—Section 1095c(b) of title 10,

18 United States Code (as added by subsection (a)), shall

19 apply with respect to any contract to provide managed care

20 support under the TRICARE program negotiated after the

21 date of the enactment of this Act.
239

•S 1059 EAH

1 SEC. 712. AUTHORITY TO WAIVE CERTAIN TRICARE

2 DEDUCTIBLES.

3 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

4 States Code, is amended by inserting after section 1095c

5 (as added by section 711) the following new section:

6 ‘‘§ 1095d. TRICARE program: waiver of certain

7 deductibles

8 ‘‘(a) WAIVER AUTHORIZED.—The Secretary of Defense

9 may waive the deductible payable for medical care provided

10 under the TRICARE program to an eligible dependent of—

11 ‘‘(1) a member of a reserve component on active

12 duty pursuant to a call or order to active duty for

13 a period of less than one year; or

14 ‘‘(2) a member of the National Guard on full15 time National Guard duty pursuant to a call or order

16 to full-time National Guard duty for a period of less

17 than one year.

18 ‘‘(b) ELIGIBLE DEPENDENT.—As used in this section,

19 the term ‘eligible dependent’ means a dependent described

20 subparagraphs (A), (D), or (I) of section 1072(2) of this

21 title.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections at

23 the beginning of such chapter is amended by inserting after

24 the item relating to section 1095c the following new item:

‘‘1095d. TRICARE: program waiver of certain deductibles.’’.
240

•S 1059 EAH

1 SEC. 713. ELECTRONIC PROCESSING OF CLAIMS UNDER

2 THE TRICARE PROGRAM.

3 Section 1095c of title 10, United States Code, as added

4 by section 711, is amended by adding at the end the fol5 lowing new subsection:

6 ‘‘(c) INCENTIVES FOR ELECTRONIC PROCESSING.—The

7 Secretary of Defense shall require that new contracts for

8 managed care support under the TRICARE program pro9 vide that the contractor be permitted to provide financial

10 incentives to health care providers who file claims for pay11 ment electronically.’’.

12 SEC. 714. STUDY OF RATES FOR PROVISION OF MEDICAL

13 SERVICES; PROPOSAL FOR CERTAIN RATE IN14 CREASES.

15 Not later than February 1, 2000, the Secretary of De16 fense shall submit to Congress—

17 (1) a study on how the maximum allowable rates

18 charged for the 100 most commonly performed med19 ical procedures under the Civilian Health and Med20 ical Program of the Uniformed Services and Medicare

21 compare with usual and customary commercial in22 surance rates for such procedures in each TRICARE

23 Prime catchment area; and

24 (2) a proposal for increases of maximum allow25 able rates charged for medical procedures under the

26 Civilian Health and Medical Program of the Uni-
241

•S 1059 EAH

1 formed Services should the study conducted under

2 paragraph (1) find 20 or more rates which are less

3 than or equal to the 50th percentile of the usual and

4 customary commercial insurance rates charged for

5 such procedures.

6 SEC. 715. REQUIREMENTS FOR PROVISION OF CARE IN GEO7 GRAPHICALLY SEPARATED UNITS.

8 (a) CONTRACTUAL REQUIREMENT.—The Secretary of

9 Defense shall require that all new contracts for the provision

10 of health care under TRICARE Prime include a require11 ment that the TRICARE Prime Remote network, to the

12 maximum extent possible, provide health care concurrently

13 to members of the Armed Forces in geographically separated

14 units and their dependents in areas outside the catchment

15 area of a military medical treatment facility.

16 (b) REPORT ON IMPLEMENTATION.—Not later than

17 May 1, 2000, the Secretary shall submit to Congress a re18 port on the extent and success of implementation of the re19 quirement under subsection (a), and where concurrent im20 plementation has not been achieved, the reasons and cir21 cumstances that prohibited implementation and a plan to

22 provide TRICARE Prime benefits to those otherwise eligible

23 covered beneficiaries for whom enrollment in a TRICARE

24 Prime network is not feasible.
242

•S 1059 EAH

1 SEC. 716. IMPROVEMENT OF ACCESS TO HEALTH CARE

2 UNDER THE TRICARE PROGRAM.

3 (a) WAIVER OF NONAVAILABILITY STATEMENT OR

4 PREAUTHORIZATION.—In the case of a covered beneficiary

5 under chapter 55 of title 10, United States Code, who is

6 a TRICARE eligible beneficiary not enrolled in TRICARE

7 Prime, the Secretary of Defense may not require with re8 gard to authorized health care services (other than mental

9 health services) under any new contract for the provision

10 of health care services under such chapter that the

11 beneficiary—

12 (1) obtain a nonavailability statement or

13 preauthorization from a military medical treatment

14 facility in order to receive the services from a civilian

15 provider; or

16 (2) obtain a nonavailability statement for care

17 in specialized treatment facilities outside the 200-mile

18 radius of a military medical treatment facility.

19 (b) NOTICE.—The Secretary may require that the cov20 ered beneficiary provide appropriate notice to the primary

21 care manager of the beneficiary.

22 (c) EXCEPTIONS.—Subsection (a) shall not apply if—

23 (1) the Secretary can demonstrate significant

24 cost avoidance for specific procedures at the affected

25 military treatment facilities;
243

•S 1059 EAH

1 (2) the Secretary determines that a specific pro2 cedure must be maintained at the affected military

3 treatment facility to ensure the proficiency levels of

4 the practitioners at the facility; or

5 (3) the lack of nonavailability statement data

6 would significantly interfere with TRICARE contract

7 administration.

8 SEC. 717. REIMBURSEMENT OF CERTAIN COSTS INCURRED

9 BY COVERED BENEFICIARIES WHEN RE10 FERRED FOR CARE OUTSIDE LOCAL

11 CATCHMENT AREA.

12 The Secretary of Defense shall require that any new

13 contract for the provision of health care services under chap14 ter 55 of title 10, United States Code, shall require that

15 in any case in which a covered beneficiary under such chap16 ter who is enrolled in TRICARE Prime is referred by a

17 network provider or military treatment facility to a pro18 vider or military treatment facility more than 100 miles

19 outside the catchment area of a military treatment facility

20 because a local provider is not available, or in any other

21 respect not within the terms of a new managed care support

22 contract, the beneficiary shall be reimbursed by the network

23 provider or military treatment facility making the referral

24 for the cost of personal automobile mileage, to be paid under

25 standard reimbursement rates for Federal employees, or for
244

•S 1059 EAH

1 the cost of air travel in amounts not to exceed standard

2 contract fares for Federal employees.

3 SEC. 718. IMPROVEMENT OF REFERRAL PROCESS UNDER

4 TRICARE.

5 (a) ELIMINATION OF PREAUTHORIZATION REQUIRE6 MENTS FOR CERTAIN CARE.—Under regulations prescribed

7 by the Secretary of Defense, and in all new managed care

8 support contracts the Secretary shall eliminate require9 ments in certain cases under TRICARE Prime that net10 work primary care managers preauthorize covered bene11 ficiaries under chapter 55 of title 10, United States Code,

12 to receive preventative health care services within the man13 aged care support contract network without

14 preauthorization from a primary care manager.

15 (b) COVERED SERVICES.—Should such a covered bene16 ficiary choose to receive care from a provider in the net17 work, the covered beneficiary shall not be required to have

18 a referral from a primary care manager—

19 (1) for receipt of preventative obstetric or gyneco20 logical services by a network obstetrician or gyne21 cologist;

22 (2) for mammograms performed by a network

23 provider if the beneficiary is a female over the age of

24 35; or
245

•S 1059 EAH

1 (3) for provision of preventative specialty urol2 ogy care from a network urologist if the beneficiary

3 is a male over the age of 60.

4 (c) NOTICE.—The Secretary may require that the cov5 ered beneficiary provide appropriate notice to the primary

6 care manager of the beneficiary.

7 (d) REGULATIONS.—The Secretary shall prescribe the

8 regulations required by subsection (a) not later than May

9 1, 2000 and implement the regulations not later than Octo10 ber 1, 2000.

11 Subtitle C—Other Matters

12 SEC. 721. PHARMACY BENEFITS PROGRAM.

13 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

14 States Code, is amended by inserting after section 1074f

15 the following new section:

16 ‘‘§ 1074g. Pharmacy benefits program

17 ‘‘(a) PHARMACY BENEFITS.—(1) The Secretary of De18 fense, after consultation with the other administering Secre19 taries, shall establish an effective, efficient, integrated phar20 macy benefits program under this chapter (hereinafter in

21 this section referred to as the ‘pharmacy benefits program’).

22 ‘‘(2)(A) The pharmacy benefits program shall include

23 a uniform formulary of pharmaceutical agents, which shall

24 assure the availability of pharmaceutical agents in a com25 plete range of therapeutic classes. The selection for inclusion
246

•S 1059 EAH

1 on the uniform formulary of particular pharmaceutical

2 agents in each therapeutic class shall be based on the rel3 ative clinical and cost effectiveness of the agents in such

4 class.

5 ‘‘(B) The Secretary shall establish procedures for the

6 selection of particular pharmaceutical agents for the uni7 form formulary, and shall begin to implement the uniform

8 formulary not later than October 1, 2000.

9 ‘‘(C) Pharmaceutical agents included on the uniform

10 formulary shall be available to eligible covered beneficiaries

11 through—

12 ‘‘(i) facilities of the uniformed services, con13 sistent with the scope of health care services offered in

14 such facilities;

15 ‘‘(ii) retail pharmacies designated or eligible

16 under the TRICARE program or the Civilian Health

17 and Medical Program of the Uniformed Services to

18 provide pharmaceutical agents to eligible covered

19 beneficiaries; or

20 ‘‘(iii) the national mail order pharmacy pro21 gram.

22 ‘‘(3) The pharmacy benefits program shall assure the

23 availability of clinically appropriate pharmaceutical

24 agents to members of the armed forces, including, if appro-
247

•S 1059 EAH

1 priate, agents not included on the uniform formulary de2 scribed in paragraph (2).

3 ‘‘(4) The pharmacy benefits program may provide that

4 prior authorization be required for certain categories of

5 pharmaceutical agents to assure that the use of such agents

6 is clinically appropriate. Such categories shall be the fol7 lowing:

8 ‘‘(A) High-cost injectable agents.

9 ‘‘(B) High-cost biotechnology agents.

10 ‘‘(C) Pharmaceutical agents with high potential

11 for inappropriate use.

12 ‘‘(D) Pharmaceutical agents otherwise deter13 mined by the Secretary to require prior authoriza14 tion.

15 ‘‘(5)(A) The pharmacy benefits program shall include

16 procedures for eligible covered beneficiaries to receive phar17 maceutical agents not included on the uniform formulary.

18 Such procedures shall include peer review procedures under

19 which the Secretary may determine that there is a clinical

20 justification for the use of a pharmaceutical agent that is

21 not on the uniform formulary, in which case the pharma22 ceutical agent shall be provided under the same terms and

23 conditions as an agent on the uniform formulary.

24 ‘‘(B) If the Secretary determines that there is not a

25 clinical justification for the use of a pharmaceutical agent
248

•S 1059 EAH

1 that is not on the uniform formulary under the procedures

2 established pursuant to subparagraph (A), such pharma3 ceutical agent shall be available through at least one of the

4 means described in paragraph (2)(C) under terms and con5 ditions that may include cost sharing by the eligible covered

6 beneficiary in addition to any such cost sharing applicable

7 to agents on the uniform formulary.

8 ‘‘(6) The Secretary of Defense shall, after consultation

9 with the other administering Secretaries, promulgate regu10 lations to carry out this subsection.

11 ‘‘(7) Nothing in this subsection shall be construed as

12 authorizing a contractor to penalize an eligible covered ben13 eficiary with respect to, or decline coverage for, a mainte14 nance pharmaceutical that is not on the list of preferred

15 pharmaceuticals of the contractor and that was prescribed

16 for the beneficiary before the date of the enactment of this

17 section and stabilized the medical condition of the bene18 ficiary.

19 ‘‘(b) ESTABLISHMENT OF COMMITTEE.—(1) The Sec20 retary of Defense shall, in consultation with the Secretaries

21 of the military departments, establish a pharmaceutical

22 and therapeutics committee for the purpose of developing

23 the uniform formulary of pharmaceutical agents required

24 by subsection (a), reviewing such formulary on a periodic

25 basis, and making additional recommendations regarding
249

•S 1059 EAH

1 the formulary as the committee determines necessary and

2 appropriate. The committee shall include representatives of

3 pharmacies of the uniformed services facilities, contractors

4 responsible for the TRICARE retail pharmacy program,

5 contractors responsible for the national mail order phar6 macy program, providers in facilities of the uniformed serv7 ices, and TRICARE network providers. Committee members

8 shall have expertise in treating the medical needs of the pop9 ulations served through such entities and in the range of

10 pharmaceutical and biological medicines available for

11 treating such populations.

12 ‘‘(2) Not later than 90 days after the establishment of

13 the pharmaceutical and therapeutics committee by the Sec14 retary, the committee shall submit a proposed uniform for15 mulary to the Secretary .

16 ‘‘(c) ADVISORY PANEL.—(1) Concurrent with the es17 tablishment of the pharmaceutical and therapeutics com18 mittee under subsection (b), the Secretary shall establish a

19 Uniform Formulary Beneficiary Advisory Panel to review

20 and comment on the development of the uniform formulary.

21 The Secretary shall consider the comments of the panel be22 fore implementing the uniform formulary or implementing

23 changes to the uniform formulary.

24 ‘‘(2) The Secretary shall determine the size and mem25 bership of the panel established under paragraph (1), which
250

•S 1059 EAH

1 shall include members that represent nongovernmental or2 ganizations and associations that represent the views and

3 interests of a large number of eligible covered beneficiaries.

4 ‘‘(d) PROCEDURES.—In the operation of the pharmacy

5 benefits program under subsection (a), the Secretary of De6 fense shall assure through management and new contractual

7 arrangements that financial resources are aligned such that

8 the cost of prescriptions is borne by the organization that

9 is financially responsible for the health care of the eligible

10 covered beneficiary.

11 ‘‘(e) PHARMACY DATA TRANSACTION SERVICE.—Not

12 later than April 1, 2000, the Secretary of Defense shall im13 plement the use of the Pharmacy Data Transaction Service

14 in all fixed facilities of the uniformed services under the

15 jurisdiction of the Secretary, the TRICARE network retail

16 pharmacy program, and the national mail order pharmacy

17 program.

18 ‘‘(f) DEFINITION OF ELIGIBLE COVERED BENE19 FICIARY.—As used in this section, the term ‘eligible covered

20 beneficiary’ means a covered beneficiary for whom eligi21 bility to receive pharmacy benefits through the means de22 scribed in subsection (a)(2)(C) is established under this

23 chapter or another provision of law.’’.
251

•S 1059 EAH

1 (2) The table of sections at the beginning of such chap2 ter is amended by inserting after the item relating to section

3 1074f the following new item:

‘‘1074g. Pharmacy benefits program.’’.

4 (b) DEADLINE FOR ESTABLISHMENT OF COM5 MITTEE.—The Secretary shall establish the pharmaceutical

6 and therapeutics committee required under section 1074g(b)

7 of title 10, United States Code, not later than 30 days after

8 the date of the enactment of this Act.

9 (c) REPORTS REQUIRED.—Not later than April 1 and

10 October 1 of fiscal years 2000 and 2001, the Secretary of

11 Defense shall submit to Congress a report on—

12 (1) implementation of the uniform formulary re13 quired under subsection (a) of section 1074g of title

14 10, United States Code (as added by subsection (a));

15 (2) the results of a confidential survey conducted

16 by the Secretary of prescribers for military medical

17 treatment facilities and TRICARE contractors to

18 determine—

19 (A) during the most recent fiscal year, how

20 often prescribers attempted to prescribe non-for21 mulary or non-preferred prescription drugs, how

22 often such prescribers were able to do so, and

23 whether covered beneficiaries were able to fill

24 such prescriptions without undue delay;
252

•S 1059 EAH

1 (B) the understanding by prescribers of the

2 reasons that military medical treatment facili3 ties or civilian contractors preferred certain

4 pharmaceuticals to others; and

5 (C) the impact of any restrictions on access

6 to non-formulary prescriptions on the clinical

7 decisions of the prescribers and the aggregate

8 cost, quality, and accessibility of health care pro9 vided to covered beneficiaries;

10 (3) the operation of the Pharmacy Data Trans11 action Service required by subsection (e) of such sec12 tion 1074g; and

13 (4) any other actions taken by the Secretary to

14 improve management of the pharmacy benefits pro15 gram under such section.

16 (d) STUDY FOR DESIGN OF PHARMACY BENEFIT FOR

17 CERTAIN COVERED BENEFICIARIES.—(1) Not later than

18 April 15, 2001, the Secretary of Defense shall prepare and

19 submit to Congress—

20 (A) a study on a design for a comprehensive

21 pharmacy benefit for covered beneficiaries under

22 chapter 55 of title 10, United States Code, who are

23 entitled to benefits under part A, and enrolled under

24 part B, of title XVIII of the Social Security Act; and
253

•S 1059 EAH

1 (B) an estimate of the costs of implementing and

2 operating such design.

3 (2) The design described in paragraph (1)(A) shall in4 corporate the elements of the pharmacy benefits program

5 required to be established under section 1074g of title 10,

6 United States Code (as added by subsection (a)).

7 SEC. 722. IMPROVEMENTS TO THIRD-PARTY PAYER COLLEC8 TION PROGRAM.

9 Section 1095 of title 10, United States Code, is

10 amended—

11 (1) in subsection (a)(1)—

12 (A) by striking ‘‘the reasonable costs of’’

13 and inserting ‘‘reasonable charges for’’;

14 (B) by striking ‘‘such costs’’ and inserting

15 ‘‘such charges’’; and

16 (C) by striking ‘‘the reasonable cost of’’ and

17 inserting ‘‘a reasonable charge for’’;

18 (2) by amending subsection (f) to read as follows:

19 ‘‘(f) The Secretary of Defense, in consultation with the

20 other administering Secretaries, shall prescribe regulations

21 for the administration of this section. Such regulations shall

22 provide for the computation of reasonable charges for inpa23 tient services, outpatient services, and other health care

24 services. Computation of such reasonable charges may be

25 based on—
254

•S 1059 EAH

1 ‘‘(1) per diem rates;

2 ‘‘(2) all-inclusive per visit rates;

3 ‘‘(3) diagnosis-related groups;

4 ‘‘(4) rates prescribed under the regulations pre5 scribed to implement sections 1079 and 1086 of this

6 title; or

7 ‘‘(5) such other method as may be appropriate.’’;

8 (3) in subsection (g), by striking ‘‘the costs of’’;

9 and

10 (4) in subsection (h)(1), by striking the first sen11 tence and inserting ‘‘The term ‘third-party payer’

12 means an entity that provides an insurance, medical

13 service, or health plan by contract or agreement, in14 cluding an automobile liability insurance or no fault

15 insurance carrier, and any other plan or program

16 that is designed to provide compensation or coverage

17 for expenses incurred by a beneficiary for health care

18 services or products.’’.

19 SEC. 723. AUTHORITY OF ARMED FORCES MEDICAL EXAM20 INER TO CONDUCT FORENSIC PATHOLOGY

21 INVESTIGATIONS.

22 (a) IN GENERAL.—Chapter 3 of title 10, United States

23 Code, is amended by adding at the end the following new

24 section:
255

•S 1059 EAH

1 ‘‘§ 130b. Authority of armed forces medical examiner

2 to conduct forensic pathology investiga3 tions

4 ‘‘(a) IN GENERAL.—The Armed Forces Medical Exam5 iner may conduct a forensic pathology investigation, in6 cluding an autopsy, to determine the cause or manner of

7 death of an individual in any case in which—

8 ‘‘(1) the individual was killed, or from any cause

9 died an unnatural death;

10 ‘‘(2) the cause or manner of death is unknown;

11 ‘‘(3) there is reasonable suspicion that the death

12 was by unlawful means;

13 ‘‘(4) the death appears to be from an infectious

14 disease or the result of the effects of a hazardous mate15 rial that may have an adverse effect on the installa16 tion or community in which the individual died or

17 was found dead; or

18 ‘‘(5) the identity of the deceased individual is

19 unknown.

20 ‘‘(b) LIMITATIONS ON AUTHORITY.—(1) The authority

21 provided under subsection (a) may only be exercised with

22 respect to an individual in a case in which—

23 ‘‘(A) the individual died or is found dead at an

24 installation garrisoned by units of the armed forces

25 and under the exclusive jurisdiction of the United

26 States;
256

•S 1059 EAH

1 ‘‘(B) the individual was, at the time of death, a

2 member of the armed forces on active duty or inactive

3 duty for training or a member of the armed forces

4 who recently retired under chapter 61 of this title and

5 died as a result of an injury or illness incurred while

6 on active duty;

7 ‘‘(C) the individual was a civilian dependent of

8 a member of the armed forces and died or was found

9 dead at a location outside the United States;

10 ‘‘(D) the Armed Forces Medical Examiner deter11 mines, pursuant to an authorized investigation by the

12 Department of Defense of matters involving the death

13 of an individual or individuals, that a factual deter14 mination of the cause or manner of the death of the

15 individual is necessary; or

16 ‘‘(E) pursuant to an authorized investigation

17 being conducted by the Federal Bureau of Investiga18 tion, the National Transportation Safety Board, or

19 other Federal agency, an official of such agency with

20 authority to direct a forensic pathology investigation

21 requests that an investigation be conducted by the

22 Armed Forces Medical Examiner.

23 ‘‘(2) The authority provided in subsection (a) shall be

24 subject to the primary jurisdiction, to the extent exercised,

25 of a State or local government with respect to the conduct
257

•S 1059 EAH

1 of an investigation or, if outside the United States, of au2 thority exercised under any applicable Status-of-Forces or

3 other international agreement between the United States

4 and the country in which the individual died or was found

5 dead.

6 ‘‘(c) DESIGNATION OF PATHOLOGIST.—The Armed

7 Forces Medical Examiner may designate any qualified pa8 thologist to carry out the authority provided in subsection

9 (a).’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of such chapter is amended by adding at the

12 end the following:

‘‘130b. Authority of armed forces medical examiner to conduct forensic pathology

investigations.’’.

13 SEC. 724. TRAUMA TRAINING CENTER.

14 (a) START-UP COSTS.—Of the funds authorized to be

15 appropriated in section 301(22) for the Defense Health Pro16 gram, $4,000,000, shall be used for startup costs for a Trau17 ma Training Center to enhance the capability of the Army

18 to train forward surgical teams.

19 (b) AMENDMENT TO EXISTING AUTHORITY.—Section

20 742 of the Strom Thurmond National Defense Authoriza21 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

22 Stat. 2074) is amended to read as follows:
258

•S 1059 EAH

1 ‘‘SEC. 742. AUTHORIZATION TO ESTABLISH A TRAUMA

2 TRAINING CENTER.

3 ‘‘The Secretary of the Army is hereby authorized to

4 establish a Trauma Training Center in order to provide

5 the Army with a trauma center capable of training forward

6 surgical teams.’’.

7 SEC. 725. STUDY ON JOINT OPERATIONS FOR THE DEFENSE

8 HEALTH PROGRAM.

9 Not later than October 1, 2000, the Secretary of De10 fense shall prepare and submit to Congress a study identi11 fying areas with respect to the Defense Health Program for

12 which joint operations might be increased, including orga13 nization, training, patient care, hospital management, and

14 budgeting. The study shall include a discussion of the merits

15 and feasibility of—

16 (1) establishing a joint command for the Defense

17 Health Program as a military counterpart to the As18 sistant Secretary of Defense for Health Affairs;

19 (2) establishing a joint training curriculum for

20 the Defense Health Program; and

21 (3) creating a unified chain of command and

22 budgeting authority for the Defense Health Program.
259

•S 1059 EAH

1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 SEC. 801. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR

6 COAL AND COKE.

7 (a) IN GENERAL.—Section 2404 of title 10, United

8 States Code, is amended—

9 (1) in subsection (a)—

10 (A) in the matter preceding paragraph (1),

11 by striking ‘‘petroleum or natural gas’’ and in12 serting ‘‘a defined fuel source’’;

13 (B) in paragraph (1)—

14 (i) by striking ‘‘petroleum market con15 ditions or natural gas market conditions, as

16 the case may be,’’ and inserting ‘‘market

17 conditions for the defined fuel source’’; and

18 (ii) by striking ‘‘acquisition of petro19 leum or acquisition of natural gas, respec20 tively,’’ and inserting ‘‘acquisition of that

21 defined fuel source’’; and

22 (C) in paragraph (2), by striking ‘‘petro23 leum or natural gas, as the case may be,’’ and

24 inserting ‘‘that defined fuel source’’;
260

•S 1059 EAH

1 (3) in subsection (b), by striking ‘‘petroleum or

2 natural gas’’ in the second sentence and inserting ‘‘a

3 defined fuel source’’;

4 (4) in subsection (c), by striking ‘‘petroleum’’

5 and all that follows through the period and inserting

6 ‘‘a defined fuel source or services related to a defined

7 fuel source by exchange of a defined fuel source or

8 services related to a defined fuel source.’’;

9 (5) in subsection (d)—

10 (A) by striking ‘‘petroleum or natural gas’’

11 in the first sentence and inserting ‘‘a defined fuel

12 source’’; and

13 (B) by striking ‘‘petroleum’’ in the second

14 sentence and all that follows through the period

15 and inserting ‘‘a defined fuel source or services

16 related to a defined fuel source.’’; and

17 (6) by adding at the end the following new sub18 section:

19 ‘‘(f) DEFINED FUEL SOURCES.—In this section, the

20 term ‘defined fuel source’ means any of the following:

21 ‘‘(1) Petroleum.

22 ‘‘(2) Natural gas.

23 ‘‘(3) Coal.

24 ‘‘(4) Coke.’’.
261

•S 1059 EAH

1 (b) CLERICAL AMENDMENTS.—(1) The heading of such

2 section is amended to read as follows:

3 ‘‘§ 2404. Acquisition of certain fuel sources: authority

4 to waive contract procedures; acquisition

5 by exchange; sales authority’’.

6 (2) The item relating to such section in the table of

7 sections at the beginning of chapter 141 of such title is

8 amended to read as follows:

‘‘2404. Acquisition of certain fuel sources: authority to waive contract procedures;

acquisition by exchange; sales authority.’’.

9 SEC. 802. EXTENSION OF AUTHORITY TO ISSUE SOLICITA10 TIONS FOR PURCHASES OF COMMERCIAL

11 ITEMS IN EXCESS OF SIMPLIFIED ACQUISI12 TION THRESHOLD.

13 Section 4202(e) of the Clinger-Cohen Act of 1996 (divi14 sions D and E of Public Law 104–106; 10 U.S.C. 2304

15 note) is amended by striking ‘‘three years after the date on

16 which such amendments take effect pursuant to section

17 4401(b)’’ and inserting ‘‘January 1, 2002’’.

18 SEC. 803. EXPANSION OF APPLICABILITY OF REQUIREMENT

19 TO MAKE CERTAIN PROCUREMENTS FROM

20 SMALL ARMS PRODUCTION INDUSTRIAL

21 BASE.

22 Section 2473(d) of title 10, United States Code, is

23 amended by adding at the end the following new para24 graphs:
262

•S 1059 EAH

1 ‘‘(6) M2 machine gun.

2 ‘‘(7) M60 machine gun.’’.

3 SEC. 804. REPEAL OF TERMINATION OF PROVISION OF

4 CREDIT TOWARDS SUBCONTRACTING GOALS

5 FOR PURCHASES BENEFITING SEVERELY

6 HANDICAPPED PERSONS.

7 Section 2410d(c) of title 10, United States Code, is re8 pealed.

9 SEC. 805. EXTENSION OF TEST PROGRAM FOR NEGOTIA10 TION OF COMPREHENSIVE SMALL BUSINESS

11 SUBCONTRACTING PLANS.

12 Subsection (e) of section 834 of the National Defense

13 Authorization Act for Fiscal Years 1990 and 1991 (Public

14 Law 101–189; 15 U.S.C. 637 note) is amended by striking

15 ‘‘2000.’’ and inserting ‘‘2003’’.

16 SEC. 806. FACILITATION OF NATIONAL MISSILE DEFENSE

17 SYSTEM.

18 (a) AUTHORIZATION OF WAIVER OF REQUIREMENT

19 FOR COMPLETION OF INITIAL OT&E BEFORE PRODUCTION

20 BEGINS.—Notwithstanding section 2399(a) of title 10,

21 United States Code, the Secretary of Defense may make a

22 determination to proceed with production of a national

23 missile defense system without regard to whether initial

24 operational testing and evaluation of the system has been

25 completed.
263

•S 1059 EAH

1 (b) REQUIREMENT FOR COMPLETION OF INITIAL

2 OT&E.—If the Secretary makes such a determination as

3 provided by subsection (a), the Secretary shall ensure that

4 such a national missile defense system successfully com5 pletes an adequate operational test and evaluation as soon

6 as practicable following that determination and before the

7 operational deployment of such system.

8 (c) NOTIFICATION TO CONGRESSIONAL COMMIT9 TEES.—The Secretary shall promptly notify the Committee

10 on Armed Services of the Senate and the Committee on

11 Armed Services of the House of Representatives, in writing,

12 upon making a determination that production of a national

13 missile defense system may be carried out before initial

14 operational testing and evaluation of that system has been

15 completed, as authorized by subsection (a).

16 SEC. 807. OPTIONS FOR ACCELERATED ACQUISITION OF

17 PRECISION MUNITIONS.

18 (a) FINDINGS.—Congress finds the following:

19 (1) Current inventories of many precision muni20 tions of the United States do not meet the require21 ments of the Department of Defense for two Major

22 Theater Wars, and with respect to some precision mu23 nitions, such requirements will not be met even after

24 planned acquisitions are made.
264

•S 1059 EAH

1 (2) Production lines for certain critical precision

2 munitions have been shut down, and the start-up pro3 duction of replacement precision munitions leaves a

4 critical gap in acquisition of follow-on precision mu5 nitions.

6 (3) Shortages of conventional air-launched cruise

7 missiles and Tomahawk missiles during Operation

8 Allied Force indicate the critical need to maintain ro9 bust inventories of precision munitions.

10 (b) REPORTS.—(1) Not later than 90 days after the

11 date of the enactment of this Act, the Secretary of Defense

12 shall submit to the congressional defense committees a re13 port on the requirements of the Department of Defense for

14 quantities of precision munitions for two Major Theater

15 Wars, and when such requirements will be met for each pre16 cision munition.

17 (2) Not later than March 15, 2000, the Secretary shall

18 submit to the congressional defense committees a report

19 on—

20 (A) the options recommended by the teams

21 formed under subsection (c) for acceleration of acqui22 sition of precision munitions; and

23 (B) a plan for implementing such options.

24 (c) RECOMMENDATIONS FOR OPTIONS.—The Secretary

25 of Defense shall form teams of experts from industry and
265

•S 1059 EAH

1 the military departments to recommend to the Secretary op2 tions for accelerating the acquisition of precision munitions

3 in order that, with respect to any such munition for which

4 the requirements of the Department of Defense for two

5 Major Theater Wars are not expected to be met by October

6 1, 2002, such requirements may be met for such munitions

7 by such date.

8 SEC. 808. PROGRAM TO INCREASE OPPORTUNITY FOR

9 SMALL BUSINESS INNOVATION IN DEFENSE

10 ACQUISITION PROGRAMS.

11 (a) REQUIREMENT TO IMPLEMENT PROGRAM.—The

12 Secretary of Defense shall implement a program to provide

13 for increased opportunity for small-business concerns to

14 provide innovative technology for acquisition programs of

15 the Department of Defense.

16 (b) ELEMENTS OF PROGRAM.—The program required

17 by subsection (a) shall consist of the following elements:

18 (1) The Secretary shall establish procedures

19 through which small-business concerns may submit

20 challenge proposals to existing components of acquisi21 tion programs of the Department of Defense which

22 shall be designed to encourage small-business concerns

23 to recommend cost-saving and innovative ideas to ac24 quisition program managers.
266

•S 1059 EAH

1 (2) The Secretary shall establish a challenge pro2 posal review board, the purpose of which shall be to

3 review and make recommendations on the merit and

4 viability of the challenge proposals submitted under

5 paragraph (1). The Secretary shall ensure that such

6 recommendations receive active consideration for in7 corporation into applicable acquisition programs of

8 the Department of Defense at the appropriate point

9 in the acquisition cycle.

10 (c) REPORT.—The Secretary of Defense shall report to

11 Congress annually on the implementation of this section

12 and the progress of providing increased opportunity for

13 small-business concerns to provide innovative technology for

14 acquisition programs of the Department of Defense.

15 (d) SMALL-BUSINESS CONCERN DEFINED.—In this

16 section, the term ‘‘small-business concern’’ has the same

17 meaning as the meaning of such term as used in the Small

18 Business Act (15 U.S.C. 631 et seq.).

19 SEC. 809. COMPLIANCE WITH BUY AMERICAN ACT.

20 (a) COMPLIANCE WITH BUY AMERICAN ACT.—No

21 funds authorized by this Act may be expended by an entity

22 of the Department of Defense unless the entity agrees that

23 in expending the funds the entity will comply with the Buy

24 American Act (41 U.S.C. 10a et seq.).
267

•S 1059 EAH

1 (b) SENSE OF CONGRESS REGARDING PURCHASE OF

2 AMERICAN–MADE EQUIPMENT AND PRODUCTS.—It is the

3 sense of Congress that any entity of the Department of De4 fense, in expending funds authorized by this Act for the pur5 chase of equipment or products, should purchase only Amer6 ican-made equipment and products.

7 (c) DEBARMENT OF PERSONS CONVICTED OF FRAUDU8 LENT USE OF ‘‘MADE IN AMERICA’’ LABELS.—If the Sec9 retary of Defense determines that a person has been con10 victed of intentionally affixing a label bearing a ‘‘Made in

11 America’’ inscription, or another inscription with the same

12 meaning, to any product sold in or shipped to the United

13 States that is not made in the United States, the Secretary

14 shall determine, in accordance with section 2410f of title

15 10, United States Code, whether the person should be

16 debarred from contracting with the Department of Defense.

17 TITLE IX—DEPARTMENT OF DE18 FENSE ORGANIZATION AND

19 MANAGEMENT

20 SEC. 901. LIMITATION ON AMOUNT AVAILABLE FOR CON21 TRACTED ADVISORY AND ASSISTANCE SERV22 ICES.

23 (a) REDUCTION.—From amounts appropriated for the

24 Department of Defense for fiscal year 2000, the total

25 amount obligated for contracted advisory and assistance
268

•S 1059 EAH

1 services may not exceed the amount equal to the sum of the

2 amounts specified in the President’s budget for fiscal year

3 2000 for those services for components of the Department

4 of Defense reduced by $100,000,000.

5 (b) LIMITATION PENDING RECEIPT OF REQUIRED RE6 PORT.—Not more than 90 percent of the amount available

7 to the Department of Defense for fiscal year 2000 for con8 tracted advisory and assistance services (taking into ac9 count the limitation under subsection (a)) may be obligated

10 until the Secretary of Defense submits to Congress the first

11 annual report under section 2212(c) of title 10, United

12 States Code.

13 SEC. 902. RESPONSIBILITY FOR LOGISTICS AND

14 SUSTAINMENT FUNCTIONS OF THE DEPART15 MENT OF DEFENSE.

16 (a) UNDER SECRETARY OF DEFENSE FOR ACQUISI17 TION AND TECHNOLOGY.—(1) The position of Under Sec18 retary of Defense for Acquisition and Technology in the De19 partment of Defense is hereby redesignated as the Under

20 Secretary of Defense for Acquisition, Technology, and Lo21 gistics. Any reference in any law, regulation, document, or

22 other record of the United States to the Under Secretary

23 of Defense for Acquisition and Technology shall be treated

24 as referring to the Under Secretary of Defense for Acquisi25 tion, Technology, and Logistics.
269

•S 1059 EAH

1 (2) Section 133 of title 10, United States Code, is

2 amended—

3 (A) in subsections (a), (b), and (e)(1), by strik4 ing ‘‘Under Secretary of Defense for Acquisition and

5 Technology’’ and inserting ‘‘Under Secretary of De6 fense for Acquisition, Technology, and Logistics’’; and

7 (B) in subsection (b)—

8 (i) by striking ‘‘logistics,’’ in paragraph (2);

9 (ii) by redesignating paragraphs (3) and

10 (4) as paragraphs (4) and (5), respectively; and

11 (iii) by inserting after paragraph (2) the

12 following new paragraph (3):

13 ‘‘(3) establishing policies for logistics, mainte14 nance, and sustainment support for all elements of

15 the Department of Defense;’’.

16 (b) NEW DEPUTY UNDER SECRETARY FOR LOGISTICS

17 AND MATERIEL READINESS.—(1) Chapter 4 of title 10,

18 United States Code, is amended by inserting after section

19 133a the following new section:

20 ‘‘§ 133b. Deputy Under Secretary of Defense for Logis21 tics and Materiel Readiness

22 ‘‘(a) There is a Deputy Under Secretary of Defense for

23 Logistics and Materiel Readiness, appointed from civilian

24 life by the President by and with the advice and consent

25 of the Senate. The Deputy Under Secretary shall be ap-
270

•S 1059 EAH

1 pointed from among persons with an extensive background

2 in the sustainment of major weapon systems and combat

3 support equipment.

4 ‘‘(b) The Deputy Under Secretary is the principal ad5 viser to the Secretary and the Under Secretary of Defense

6 for Acquisition, Technology, and Logistics on logistics and

7 materiel readiness in the Department of Defense and is the

8 principal logistics official within the senior management

9 of the Department of Defense.

10 ‘‘(c) The Deputy Under Secretary shall perform such

11 duties relating to logistics and materiel readiness as the

12 Under Secretary of Defense for Acquisition, Technology and

13 Logistics may assign, including—

14 ‘‘(1) prescribing, by authority of the Secretary of

15 Defense, policies and procedures for the conduct of lo16 gistics, maintenance, materiel readiness, and

17 sustainment support in the Department of Defense;

18 ‘‘(2) advising and assisting the Secretary of De19 fense, the Deputy Secretary of Defense, and the Under

20 Secretary of Defense for Acquisition and Technology,

21 and providing guidance to and consulting with the

22 Secretaries of the military departments, with respect

23 to logistics, maintenance, materiel readiness, and

24 sustainment support in the Department of Defense;

25 and
271

•S 1059 EAH

1 ‘‘(3) monitoring and reviewing all logistics,

2 maintenance, materiel readiness, and sustainment

3 support programs in the Department of Defense.’’.

4 (2) Section 5314 of title 5, United States Code, is

5 amended by inserting after the paragraph relating to the

6 Deputy Under Secretary of Defense for Acquisition and

7 Technology the following new paragraph:

8 ‘‘Deputy Under Secretary of Defense for Logis9 tics and Materiel Readiness.’’.

10 (c) REVISIONS TO LAW PROVIDING FOR DEPUTY

11 UNDER SECRETARY FOR ACQUISITION AND TECH12 NOLOGY.—Section 133a(b) of title 10, United States Code,

13 is amended—

14 (1) by striking ‘‘his duties’’ in the first sentence

15 and inserting ‘‘the Under Secretary’s duties relating

16 to acquisition and technology’’; and

17 (2) by striking the second sentence.

18 (d) CONFORMING AMENDMENTS TO CHAPTER 4.—

19 Chapter 4 of such title is further amended as follows:

20 (1) Sections 131(b)(2), 134(c), 137(b), and

21 139(b) are amended by striking ‘‘Under Secretary of

22 Defense for Acquisition and Technology’’ each place it

23 appears and inserting ‘‘Under Secretary of Defense

24 for Acquisition, Technology, and Logistics’’.
272

•S 1059 EAH

1 (2) The heading of section 133 is amended to

2 read as follows:

3 ‘‘§ 133. Under Secretary of Defense for Acquisition,

4 Technology, and Logistics’’.

5 (3) The table of sections at the beginning of the

6 chapter is amended—

7 (A) by striking the item relating to section

8 133 and inserting the following:

‘‘133. Under Secretary of Defense for Acquisition, Technology, and Logistics.’’;

9 and

10 (B) by inserting after the item relating to

11 section 133a the following new item:

‘‘133b. Deputy Under Secretary of Defense for Logistics and Materiel Readiness.’’.

12 (e) ADDITIONAL CONFORMING AMENDMENTS.—Section

13 5313 of title 5, United States Code, is amended by striking

14 ‘‘Under Secretary of Defense for Acquisition and Tech15 nology’’ and inserting ‘‘Under Secretary of Defense for Ac16 quisition, Technology, and Logistics’’.

17 SEC. 903. MANAGEMENT HEADQUARTERS AND HEAD18 QUARTERS SUPPORT ACTIVITIES.

19 (a) REVISION TO DEFENSE DIRECTIVE RELATING TO

20 MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUP21 PORT ACTIVITIES.—Not later than October 1, 2000, the Sec22 retary of Defense shall issue a revision to Department of

23 Defense Directive 5100.73, entitled ‘‘Department of Defense
273

•S 1059 EAH

1 Management Headquarters and Headquarters Support Ac2 tivities’’, so as to incorporate in that directive the following:

3 (1) A threshold specified by command (or other

4 organizational element) such that any headquarters

5 activity below the threshold is not considered for the

6 purpose of the directive to be a management head7 quarters or headquarters support activity.

8 (2) A definition of the term ‘‘management head9 quarters and headquarters support activities’’ that

10 (A) is based upon function (rather than organiza11 tion), and (B) includes any activity (other than an

12 operational activity) that reports directly to such an

13 activity.

14 (3) Uniform application of those definitions

15 throughout the Department of Defense.

16 (b) TECHNICAL AMENDMENTS TO UPDATE LIMITATION

17 ON OSD PERSONNEL.—Effective October 1, 1999, section

18 143 of title 10, United States Code, is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘Effective October 1, 1999,

21 the’’ and inserting ‘‘The’’; and

22 (B) by striking ‘‘75 percent of the baseline

23 number’’ and inserting ‘‘3,767’’.

24 (2) by striking subsections (b), (c), and (f); and
274

•S 1059 EAH

1 (3) by redesignating subsections (d) and (e) as

2 subsections (b) and (c), respectively.

3 SEC. 904. FURTHER REDUCTIONS IN DEFENSE ACQUISI4 TION AND SUPPORT WORKFORCE.

5 (a) REDUCTION OF DEFENSE ACQUISITION AND SUP6 PORT WORKFORCE.—The Secretary of Defense shall accom7 plish reductions in defense acquisition and support per8 sonnel positions during fiscal year 2000 so that the total

9 number of such personnel as of October 1, 2000, is less than

10 the total number of such personnel as of October 1, 1999,

11 by at least 25,000.

12 (b) DEFENSE ACQUISITION AND SUPPORT PERSONNEL

13 DEFINED.—For purposes of this section, the term ‘‘defense

14 acquisition and support personnel’’ means military and ci15 vilian personnel (other than civilian personnel who are em16 ployed at a maintenance depot) who are assigned to, or em17 ployed in, acquisition organizations of the Department of

18 Defense (as specified in Department of Defense Instruction

19 numbered 5000.58 dated January 14, 1992), and any other

20 organizations which the Secretary may determine to have

21 a predominantly acquisition mission.

22 SEC. 905. CENTER FOR THE STUDY OF CHINESE MILITARY

23 AFFAIRS.

24 (a) FINDINGS.—The Congress finds the following:
275

•S 1059 EAH

1 (1) The strategic relationship between the United

2 States and the People’s Republic of China will be very

3 important for future peace and security, not only in

4 the Asia-Pacific region but around the world.

5 (2) The United States does not view China as an

6 enemy, nor consider that the coming century nec7 essarily will see a new great power competition be8 tween the two nations.

9 (3) The end of the cold war has eliminated what

10 had been the one fundamental common strategic in11 terest of the United States and China, that of con12 taining the Soviet Union.

13 (4) The sustained economic rise, stated geo14 political ambitions, and increasingly confrontational

15 actions of China cast doubt on whether the United

16 States will be able to form a satisfactory strategic

17 partnership with the People’s Republic of China and

18 will pose challenges that will require careful manage19 ment in order to preserve peace and protect the na20 tional security interests of the United States.

21 (5) The ability of the Department of Defense,

22 and the United States Government more generally, to

23 develop sound security and military strategies is

24 hampered by a limited understanding of Chinese stra25 tegic goals and military capabilities. The low priority
276

•S 1059 EAH

1 accorded the study of Chinese strategic and military

2 affairs within the Government and within the aca3 demic community has contributed to this limited un4 derstanding.

5 (6) There is a need for a United States national

6 institute for research and assessment of political, stra7 tegic, and military affairs in the People’s Republic of

8 China. Such an institute should be capable of pro9 viding analysis for the purpose of shaping United

10 States military strategy and policy with regard to

11 China and should be readily accessible to senior lead12 ers within the Department of Defense, but should

13 maintain academic and intellectual independence so

14 that that analysis is not first shaped by policy.

15 (b) ESTABLISHMENT OF CENTER FOR THE STUDY OF

16 CHINESE MILITARY AFFAIRS.—(1) Chapter 108 of title 10,

17 United States Code, is amended by adding at the end the

18 following new section:

19 ‘‘§ 2166. National Defense University: Center for the

20 Study of Chinese Military Affairs

21 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense

22 shall establish a Center for the Study of Chinese Military

23 Affairs (hereinafter in this section referred to as the ‘Cen24 ter’) as part of the National Defense University. The Center
277

•S 1059 EAH

1 shall be organized as an independent institute under the

2 University.

3 ‘‘(2) The Director of the Center shall be appointed by

4 the Secretary of Defense. The Secretary shall appoint as the

5 Director an individual who is a distinguished scholar of

6 proven academic, management, and leadership credentials

7 with a superior record of achievement and publication re8 garding Chinese political, strategic, and military affairs.

9 ‘‘(b) MISSION.—The mission of the Center is to study

10 the national goals and strategic posture of the People’s Re11 public of China and the ability of that nation to develop,

12 field, and deploy an effective military instrument in sup13 port of its national strategic objectives.

14 ‘‘(c) AREAS OF STUDY.—The Center shall conduct re15 search relating to the People’s Republic of China as follows:

16 ‘‘(1) To assess the potential of that nation to act

17 as a global great power, the Center shall conduct re18 search that considers the policies and capabilities of

19 that nation in a regional and world-wide context, in20 cluding Central Asia, Southwest Asia, Europe, and

21 Latin America, as well as the Asia-Pacific region.

22 ‘‘(2) To provide a fuller assessment of the areas

23 of study referred to in paragraph (1), the Center shall

24 conduct research on—
278

•S 1059 EAH

1 ‘‘(A) economic trends relative to strategic

2 goals and military capabilities;

3 ‘‘(B) strengths and weaknesses in the sci4 entific and technological sector; and

5 ‘‘(C) relevant demographic and human re6 source factors on progress in the military sphere.

7 ‘‘(3) The Center shall conduct research on the

8 armed forces of the People’s Republic of China, taking

9 into account the character of those armed forces and

10 their role in Chinese society and economy, the degree

11 of their technological sophistication, and their organi12 zational and doctrinal concepts. That research shall

13 include inquiry into the following matters:

14 ‘‘(A) Concepts concerning national interests,

15 objectives, and strategic culture.

16 ‘‘(B) Grand strategy, military strategy,

17 military operations, and tactics.

18 ‘‘(C) Doctrinal concepts at each of the four

19 levels specified in subparagraph (B).

20 ‘‘(D) The impact of doctrine on China’s

21 force structure choices.

22 ‘‘(E) The interaction of doctrine and force

23 structure at each level to create an integrated

24 system of military capabilities through procure-
279

•S 1059 EAH

1 ment, officer education, training, and practice

2 and other similar factors.

3 ‘‘(d) FACULTY OF THE CENTER.—(1) The core faculty

4 of the Center should comprise scholars capable of providing

5 diverse perspectives on Chinese political, strategic, and

6 military thought. Center scholars shall demonstrate the fol7 lowing competencies and capabilities:

8 ‘‘(A) Analysis of national strategy, military

9 strategy, and doctrine.

10 ‘‘(B) Analysis of force structure and military ca11 pabilities.

12 ‘‘(C) Analysis of—

13 ‘‘(i) issues relating to weapons of mass de14 struction, military intelligence, defense econom15 ics, trade, and international economics; and

16 ‘‘(ii) the relationship between those issues

17 and grand strategy, science and technology, the

18 sociology of human resources and demography,

19 and political science.

20 ‘‘(2) A substantial number of Center scholars shall be

21 competent in the Chinese language. The Center shall include

22 a core of junior scholars capable of providing linguistics

23 and translation support to the Center.
280

•S 1059 EAH

1 ‘‘(e) ACTIVITIES OF THE CENTER.—The activities of

2 the Center shall include other elements appropriate to its

3 mission, including the following:

4 ‘‘(1) The Center should include an active con5 ference program with an international reach.

6 ‘‘(2) The Center should conduct an international

7 competition for a Visiting Fellowship in Chinese

8 Military Affairs and Chinese Security Issues. The

9 term of the fellowship should be for one year, renew10 able for a second.

11 ‘‘(3) The Center shall provide funds to support

12 at least one trip per analyst per year to China and

13 the region and to support visits of Chinese military

14 leaders to the Center.

15 ‘‘(4) The Center shall support well defined, dis16 tinguished, signature publications.

17 ‘‘(5) Center scholars shall have appropriate ac18 cess to intelligence community assessments of Chinese

19 military affairs.

20 ‘‘(f) STUDIES AND REPORTS.—The Director may con21 tract for studies and reports from the private sector to sup22 plement the work of the Center.’’.

23 (2) The table of sections at the beginning of such chap24 ter is amended by adding at the end the following new item:

‘‘2166. National Defense University: Center for the Study of Chinese Military Affairs.’’.
281

•S 1059 EAH

1 (c) IMPLEMENTATION REPORT.—Not later than Janu2 ary 1, 2000, the Secretary of Defense shall submit to Con3 gress a report stating the timetable and organizational plan

4 for establishing the Center for the Study of Chinese Military

5 Affairs under section 2166 of title 10, United States Code,

6 as added by subsection (b).

7 (d) STARTUP OF CENTER.—The Secretary shall estab8 lish the Center for the Study of Chinese Military Affairs

9 under section 2166 of title 10, United States Code, as added

10 by subsection (b), not later than March 1, 2000, and shall

11 appoint the first Director of the Center not later than June

12 1, 2000.

13 SEC. 906. RESPONSIBILITY WITHIN OFFICE OF THE SEC14 RETARY OF DEFENSE FOR MONITORING

15 OPTEMPO AND PERSTEMPO.

16 Section 136 of title 10, United States Code, is amended

17 by adding at the end the following new subsection:

18 ‘‘(d) The Under Secretary of Defense for Personnel and

19 Readiness is responsible, subject to the authority, direction,

20 and control of the Secretary of Defense, for the monitoring

21 of the operations tempo and personnel tempo of the armed

22 forces. The Under Secretary shall establish, to the extent

23 practicable, uniform standards within the Department of

24 Defense for terminology and policies relating to deployment

25 of units and personnel away from their assigned duty sta-
282

•S 1059 EAH

1 tions (including the length of time units or personnel may

2 be away for such a deployment) and shall establish uniform

3 reporting systems for tracking deployments.’’.

4 SEC. 907. REPORT ON MILITARY SPACE ISSUES.

5 (a) REPORT.—The Secretary of Defense shall submit

6 to the Committee on Armed Services of the Senate and the

7 Committee on Armed Services of the House of Representa8 tives a report on United States military space policy. The

9 report shall address current and projected United States ef10 forts to fully exploit space in preparation for possible con11 flicts in 2010 and beyond. The report shall specifically ad12 dress the following:

13 (1) The general organization of the Department

14 of Defense for addressing space issues, the functions of

15 the various Department of Defense and military agen16 cies, components, and elements with responsibility for

17 military space issues, the practical effect of creating

18 a new military service with responsibility for mili19 tary operations in space, and the advisability of es20 tablishing an Assistant Secretary of Defense for

21 Space.

22 (2) The manner in which current national mili23 tary space policy is incorporated into overall United

24 States national space policy.
283

•S 1059 EAH

1 (3) The manner in which the Department of De2 fense is organized to develop doctrine for the military

3 use of space.

4 (4) The manner in which military space issues

5 are addressed by professional military education in6 stitutions, to include a listing of specific courses of7 fered at those institutions that focuses on military

8 space policy.

9 (5) The manner in which space control issues are

10 incorporated into current and planned experiments

11 and exercises.

12 (6) The manner in which military space assets

13 are being fully exploited to provide support for

14 United States contingency operations.

15 (7) United States policy toward the use of com16 mercial launch vehicles and facilities for the launch

17 of military assets.

18 (8) The current interagency coordination process

19 regarding the operation of military space assets, in20 cluding identification of interoperability and commu21 nications issues.

22 (9) Policies and procedures for sharing missile

23 launch early warning data with United States allies

24 and friendly countries.
284

•S 1059 EAH

1 (10) Issues regarding the capability to detect

2 threats to United States space assets.

3 (11) The manner in which the presence of space

4 debris is expected to affect United States military

5 space launch policy and the future design of military

6 spacecraft.

7 (12) Whether military space programs should be

8 funded separately from other service programs and

9 whether the Global Positioning System should be

10 funded through a Defense-wide appropriation ac11 count.

12 (b) CLASSIFICATION AND DEADLINE FOR REPORT.—

13 The report required by subsection (a) shall be prepared in

14 both classified and unclassified form and shall be submitted

15 not later than March 1, 2000.

16 SEC. 908. EMPLOYMENT AND COMPENSATION OF CIVILIAN

17 FACULTY MEMBERS OF DEPARTMENT OF DE18 FENSE AFRICAN CENTER FOR STRATEGIC

19 STUDIES.

20 (a) FACULTY.—Subsection (c) of section 1595 of title

21 10, United States Code, is amended by adding at the end

22 the following new paragraph:

23 ‘‘(6) The African Center for Strategic Studies.’’.
285

•S 1059 EAH

1 (b) DIRECTOR AND DEPUTY DIRECTOR.—Subsection

2 (e) of such section is amended by adding at the end the

3 following new paragraph:

4 ‘‘(4) The African Center for Strategic Studies.’’.

5 SEC. 909. ADDITIONAL MATTERS FOR ANNUAL REPORT ON

6 JOINT WARFIGHTING EXPERIMENTATION.

7 Section 485(b) of title 10, United States Code, is

8 amended by adding at the end the following new para9 graphs:

10 ‘‘(5) With respect to interoperability of equip11 ment and forces, any recommendations that the com12 mander considers appropriate, developed on the basis

13 of joint warfighting experimentation, for reducing un14 necessary redundancy of equipment and forces, in15 cluding guidance regarding the synchronization of the

16 fielding of advanced technologies among the armed

17 forces to enable the development and execution of joint

18 operational concepts.

19 ‘‘(6) Recommendations for mission needs state20 ments and operational requirements related to the

21 joint experimentation and evaluation process.

22 ‘‘(7) Recommendations based on the results of

23 joint experimentation for the relative priorities for ac24 quisition programs to meet joint requirements.’’.
286

•S 1059 EAH

1 SEC. 910. DEFENSE TECHNOLOGY SECURITY ENHANCE2 MENT.

3 (a) REORGANIZATION OF TECHNOLOGY SECURITY

4 FUNCTIONS OF DEPARTMENT OF DEFENSE.—The Secretary

5 of Defense shall establish the Technology Security Direc6 torate of the Defense Threat Reduction Agency as a separate

7 Defense Agency named the Defense Technology Security

8 Agency. The Agency shall be under the authority, direction,

9 and control of the Under Secretary of Defense for Policy.

10 (b) DIRECTOR.—The Director of the Defense Tech11 nology Security Agency shall also serve as Deputy Under

12 Secretary of Defense for Technology Security Policy.

13 (c) FUNCTIONS.—The Director shall advise the Sec14 retary of Defense and the Deputy Secretary of Defense,

15 through the Under Secretary of Defense for Policy, on policy

16 issues related to the transfer of strategically sensitive tech17 nology, including the following:

18 (1) Strategic trade.

19 (2) Defense cooperative programs.

20 (3) Science and technology agreements and ex21 changes.

22 (4) Export of munitions items.

23 (5) International Memorandums of Under24 standing.

25 (6) Industrial base and competitiveness concerns.

26 (7) Foreign acquisitions.
287

•S 1059 EAH

1 TITLE X—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 1001. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

5 Upon determination by the Secretary of Defense that such

6 action is necessary in the national interest, the Secretary

7 may transfer amounts of authorizations made available to

8 the Department of Defense in this division for fiscal year

9 2000 between any such authorizations for that fiscal year

10 (or any subdivisions thereof). Amounts of authorizations so

11 transferred shall be merged with and be available for the

12 same purposes as the authorization to which transferred.

13 (2) The total amount of authorizations that the Sec14 retary may transfer under the authority of this section may

15 not exceed $2,000,000,000.

16 (b) LIMITATIONS.—The authority provided by this sec17 tion to transfer authorizations—

18 (1) may only be used to provide authority for

19 items that have a higher priority than the items from

20 which authority is transferred; and

21 (2) may not be used to provide authority for an

22 item that has been denied authorization by Congress.

23 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans24 fer made from one account to another under the authority

25 of this section shall be deemed to increase the amount au-
288

•S 1059 EAH

1 thorized for the account to which the amount is transferred

2 by an amount equal to the amount transferred.

3 (d) NOTICE TO CONGRESS.—The Secretary shall

4 promptly notify Congress of each transfer made under sub5 section (a).

6 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

7 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

8 Annex prepared by the Committee on Armed Services of the

9 House of Representatives to accompany its report on the

10 bill H.R. 1401 of the One Hundred Sixth Congress and

11 transmitted to the President is hereby incorporated into this

12 Act.

13 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

14 ACT.—The amounts specified in the Classified Annex are

15 not in addition to amounts authorized to be appropriated

16 by other provisions of this Act.

17 (c) LIMITATION ON USE OF FUNDS.—Funds appro18 priated pursuant to an authorization contained in this Act

19 that are made available for a program, project, or activity

20 referred to in the Classified Annex may only be expended

21 for such program, project, or activity in accordance with

22 such terms, conditions, limitations, restrictions, and re23 quirements as are set out for that program, project, or activ24 ity in the Classified Annex.
289

•S 1059 EAH

1 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

2 President shall provide for appropriate distribution of the

3 Classified Annex, or of appropriate portions of the annex,

4 within the executive branch of the Government.

5 SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY MILI6 TARY PERSONNEL APPROPRIATIONS.

7 There is authorized to be appropriated the amount of

8 $1,838,426,000 appropriated to the Department of Defense

9 for military personnel accounts in section 2012 of the 1999

10 Emergency Supplemental Appropriations Act.

11 SEC. 1004. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDG12 ET CYCLE FOR THE DEPARTMENT OF DE13 FENSE.

14 Section 1405 of the Department of Defense Authoriza15 tion Act, 1986 (31 U.S.C. 1105 note), is repealed.

16 SEC. 1005. CONSOLIDATION OF VARIOUS DEPARTMENT OF

17 THE NAVY TRUST AND GIFT FUNDS.

18 (a) CONSOLIDATION OF NAVAL ACADEMY GENERAL

19 GIFT FUND AND MUSEUM FUND.—(1) Subsection (a) of sec20 tion 6973 of title 10, United States Code, is amended to

21 read as follows:

22 ‘‘(a)(1) The Secretary of the Navy may accept, hold,

23 administer, and spend gifts and bequests of personal prop24 erty, and loans of personal property other than money,

25 made on the condition that the personal property be used
290

•S 1059 EAH

1 for the benefit of, or in connection with, the Naval Academy

2 or the Naval Academy Museum, its collection, or its serv3 ices.

4 ‘‘(2) Gifts or bequests of money, and the proceeds from

5 the sales of property received as a gift or bequest, shall be

6 deposited in the Treasury in the fund called ‘United States

7 Naval Academy Gift and Museum Fund’. The Secretary

8 may disburse funds deposited under this paragraph for the

9 benefit or use of the Naval Academy or the Naval Academy

10 Museum subject to the terms of the gift or bequest.’’.

11 (2) Subsection (c) of such section is amended by strik12 ing ‘‘United States Naval Academy general gift fund’’ both

13 places it appears and inserting ‘‘United States Naval Acad14 emy Gift and Museum Fund’’.

15 (3) Such section is further amended by adding at the

16 end the following new subsection:

17 ‘‘(d) The Secretary shall develop written guidelines to

18 be used in determining whether the acceptance of money,

19 personal property, or loans of personal property under sub20 section (a) would—

21 ‘‘(1) reflect unfavorably upon the ability of the

22 Department of the Navy to carry out its responsibil23 ities in a fair and objective manner;

24 ‘‘(2) reflect unfavorably upon the ability of any

25 employee of the Department of the Navy to carry out
291

•S 1059 EAH

1 the employee’s official duties in a fair and objective

2 manner; or

3 ‘‘(3) compromise the integrity, or the appearance

4 of the integrity, of Navy programs or any employee

5 involved in such programs.’’.

6 (b) REPEAL OF NAVAL ACADEMY MUSEUM FUND.—

7 Section 6974 of title 10, United States Code, is repealed.

8 (c) REPEAL OF NAVAL HISTORICAL CENTER FUND.—

9 Section 7222 of such title is repealed.

10 (d) TRANSFER OF FUNDS.—The Secretary of the Navy

11 shall transfer—

12 (1) all funds in the United States Naval Acad13 emy Museum Fund as of the date of the enactment of

14 this Act to the United States Naval Academy Gift

15 and Museum Fund established by section 6973(a) of

16 title 10, United States Code, as amended by sub17 section (a); and

18 (2) all funds in the Naval Historical Center

19 Fund as of the date of the enactment of this Act to

20 the Department of the Navy General Gift Fund estab21 lished by section 2601(b)(2) of such title.

22 (e) CLERICAL AMENDMENTS.—(1) The table of sections

23 at the beginning of chapter 603 of title 10, United States

24 Code, is amended by striking the item relating to section

25 6974.
292

•S 1059 EAH

1 (2) The table of sections at the beginning of chapter

2 631 of such title is amended by striking the item relating

3 to section 7222.

4 SEC. 1006. SUPPLEMENTAL APPROPRIATIONS REQUEST

5 FOR OPERATIONS IN YUGOSLAVIA.

6 If the President determines that it is in the national

7 security interest of the United States to conduct combat or

8 peacekeeping operations in the Federal Republic of Yugo9 slavia during fiscal year 2000, the President shall transmit

10 to the Congress a supplemental appropriations request for

11 the Department of Defense for such amounts as are nec12 essary for the costs of any such operation.

13 Subtitle B—Naval Vessels and

14 Shipyards

15 SEC. 1011. REVISION TO CONGRESSIONAL NOTICE-AND16 WAIT PERIOD REQUIRED BEFORE TRANSFER

17 OF A VESSEL STRICKEN FROM THE NAVAL

18 VESSEL REGISTER.

19 Section 7306(d) of title 10, United States Code, is

20 amended to read as follows:

21 ‘‘(d) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.—

22 (1) A transfer under this section may not take effect until—

23 ‘‘(A) the Secretary submits to Congress notice of

24 the proposed transfer; and
293

•S 1059 EAH

1 ‘‘(B) 30 days of session of Congress have expired

2 following the date on which the notice is sent to Con3 gress.

4 ‘‘(2) For purposes of paragraph (1)(B)—

5 ‘‘(A) the period of a session of Congress is broken

6 only by an adjournment of Congress sine die at the

7 end of the final session of a Congress; and

8 ‘‘(B) any day on which either House of Congress

9 is not in session because of an adjournment of more

10 than 3 days to a day certain, or because of an ad11 journment sine die at the end of the first session of

12 a Congress, shall be excluded in the computation of

13 such 30-day period.’’.

14 SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF

15 FORMER NAVAL VESSEL.

16 (a) IN GENERAL.—Subject to subsection (b), the Presi17 dent may consent to the retransfer by the Government of

18 Greece of HS Rodos (ex-USS BOWMAN COUNTY (LST

19 391)) to the USS LST Ship Memorial, Inc., a not-for-profit

20 organization operating under the laws of the State of Penn21 sylvania.

22 (b) CONDITIONS FOR CONSENT.—The President should

23 not exercise the authority under subsection (a) unless the

24 USS LST Memorial, Inc. agrees—
294

•S 1059 EAH

1 (1) to use the vessel for public, nonprofit, mu2 seum-related purposes; and

3 (2) to comply with applicable law with respect

4 to the vessel, including those requirements related to

5 facilitating monitoring by the United States of, and

6 mitigating potential environmental hazards associ7 ated with, aging vessels, and has a demonstrated fi8 nancial capability to so comply.

9 SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE

10 REQUIREMENTS.

11 (a) REQUIREMENT.—Not later than February, 1, 2000,

12 the Secretary of Defense shall submit to the Committee on

13 Armed Service of the Senate and the Committee on Armed

14 Services of the House of Representatives a report on naval

15 vessel force structure requirements.

16 (b) MATTERS TO BE INCLUDED.— The report shall

17 provide—

18 (1) a statement of the naval vessel force structure

19 required to carry out the National Military Strategy,

20 including that structure required to meet joint and

21 combined warfighting requirements and missions re22 lating to crisis response, overseas presence, and sup23 port to contingency operations; and

24 (2) a statement of the naval vessel force structure

25 that is supported and funded in the President’s budg-
295

•S 1059 EAH

1 et for fiscal year 2001 and in the current future-years

2 defense program.

3 SEC. 1014. AUXILIARY VESSELS ACQUISITION PROGRAM

4 FOR THE DEPARTMENT OF DEFENSE.

5 (a) PROGRAM AUTHORIZATION.—(1) Chapter 631 of

6 title 10, United States Code, is amended by adding at the

7 end the following new section:

8 ‘‘§ 7233. Auxiliary vessels: extended lease authority

9 ‘‘(a) AUTHORIZED CONTRACTS.—After September 30,

10 1999, the Secretary of the Navy, subject to subsection (b),

11 may enter into contracts with private United States ship12 yards for the construction of new surface vessels to be long13 term leased by the United States from the shipyard or other

14 private person for any of the following:

15 ‘‘(1) The combat logistics force of the Navy.

16 ‘‘(2) The strategic sealift force of the Navy.

17 ‘‘(3) Other auxiliary support vessels for the De18 partment of Defense.

19 ‘‘(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY

20 LAW.—A contract may be entered into under subsection (a)

21 with respect to a specific vessel only if the Secretary is spe22 cifically authorized by law to enter into such a contract

23 with respect to that vessel.

24 ‘‘(c) FUNDS FOR CONTRACT PAYMENTS.—The Sec25 retary may make payments for contracts entered into under
296

•S 1059 EAH

1 subsection (a) and under subsection (g) using funds avail2 able for obligation from operation and maintenance ac3 counts during the fiscal year for which the payments are

4 required to be made. Any such contract shall provide that

5 the United States is not required to make a payment under

6 the contract (other than a termination payment, if re7 quired) before October 1, 2001.

8 ‘‘(d) TERM OF CONTRACT.—In this section, the term

9 ‘long-term lease’ means a lease, bareboat charter, or condi10 tional sale agreement with respect to a vessel the term of

11 which (including any option period) is for a period of 20

12 years or more.

13 ‘‘(e) OPTION TO BUY.—A contract entered into under

14 subsection (a) may include options for the United States

15 to purchase one or more of the vessels covered by the contract

16 at any time during, or at the end of, the contract period

17 (including any option period) upon payment of an amount

18 equal to the lesser of (1) the unamortized portion of the cost

19 of the vessel plus amounts incurred in connection with the

20 termination of the financing arrangements associated with

21 the vessel, or (2) the fair market value of the vessel.

22 ‘‘(f) DOMESTIC CONSTRUCTION.—The Secretary shall

23 require in any contract entered into under this section that

24 each vessel to which the contract applies—
297

•S 1059 EAH

1 ‘‘(1) shall have been constructed in a shipyard

2 within the United States; and

3 ‘‘(2) upon delivery, shall be documented under

4 the laws of the United States.

5 ‘‘(g) VESSEL OPERATION.—(1) The Secretary shall op6 erate a vessel held by the Secretary under a long-term lease

7 under this section through a contract with a United States

8 domiciled corporation with experience in the operation of

9 vessels for the United States. Any such contract shall be for

10 a term as determined by the Secretary.

11 ‘‘(2) The Secretary may provide a crew for any such

12 vessel using civil service mariners only after an evaluation

13 and competition taking into account—

14 ‘‘(A) the fully burdened cost of a civil service

15 crew over the expected useful life of the vessel;

16 ‘‘(B) the effect on the private sector manpower

17 pool; and

18 ‘‘(C) the operational requirements of the Depart19 ment of the Navy.

20 ‘‘(h) CONTINGENT WAIVER OF OTHER PROVISIONS OF

21 LAW.—A contract authorized by this section may be entered

22 into without regard to section 2401 or 2401a of this title

23 if the Secretary of Defense makes the following findings

24 with respect to that contract:
298

•S 1059 EAH

1 ‘‘(1) The need for the vessels or services to be pro2 vided under the contract is expected to remain sub3 stantially unchanged during the contemplated con4 tract or option period.

5 ‘‘(2) There is a reasonable expectation that

6 throughout the contemplated contract or option period

7 the Secretary of the Navy (or, if the contract is for

8 services to be provided to, and funded by, another

9 military department, the Secretary of that military

10 department) will request funding for the contract at

11 the level required to avoid contract cancellation.

12 ‘‘(3) The use of such contract or the exercise of

13 such option is in the interest of the national defense.

14 ‘‘(i) SOURCE OF FUNDS FOR TERMINATION LIABIL15 ITY.—If a contract entered into under this section is termi16 nated, the costs of such termination may be paid from—

17 ‘‘(1) amounts originally made available for per18 formance of the contract;

19 ‘‘(2) amounts currently available for operation

20 and maintenance of the type of vessels or services con21 cerned and not otherwise obligated; or

22 ‘‘(3) funds appropriated for those costs.’’.

23 (2) The table of sections at the beginning of such chap24 ter is amended by adding at the end the following new item:

‘‘7233. Auxiliary vessels: extended lease authority.’’.
299

•S 1059 EAH

1 (b) DEFINITION OF DEPARTMENT OF DEFENSE SEA2 LIFT VESSEL.—Section 2218(k)(2) of title 10, United States

3 Code, is amended—

4 (1) by striking ‘‘that is—’’ in the matter pre5 ceding subparagraph (A) and inserting ‘‘that is any

6 of the following:’’;

7 (2) by striking ‘‘a’’ at the beginning of subpara8 graphs (A), (B), and (E) and inserting ‘‘A’’;

9 (3) by striking ‘‘an’’ at the beginning of sub10 paragraphs (C) and (D) and inserting ‘‘An’’;

11 (4) by striking the semicolon at the end of sub12 paragraphs (A), (B), and (C) and inserting a period;

13 (5) by striking ‘‘; or’’ at the end of subparagraph

14 (D) and inserting a period; and

15 (6) by adding at the end the following new sub16 paragraphs:

17 ‘‘(F) A large medium-speed roll-on/roll-off

18 ship.

19 ‘‘(G) A combat logistics force ship.

20 ‘‘(H) Any other auxiliary support vessel.’’.

21 SEC. 1015. AUTHORITY TO PROVIDE ADVANCE PAYMENTS

22 FOR THE NATIONAL DEFENSE FEATURES

23 PROGRAM.

24 (a) IN GENERAL.—Section 2218 of title 10, United

25 States Code, is amended—
300

•S 1059 EAH

1 (1) by redesignating subsection (k) as subsection

2 (l); and

3 (2) by inserting after subsection (j) the following

4 new subsection (k):

5 ‘‘(k)(1) The Secretary of Defense, after making a deter6 mination of economic soundness for any proposed offer,

7 may provide advance payments to a contractor by lump

8 sum or annual payments (or a combination thereof) for the

9 following costs associated with inclusion or incorporation

10 of defense features in a commercial vessel:

11 ‘‘(A) Costs to build, procure, and install the de12 fense features in the vessel.

13 ‘‘(B) Costs to periodically maintain and test the

14 defense features on the vessel.

15 ‘‘(C) Any increased costs of operation or any loss

16 of revenue attributable to the inclusion or incorpora17 tion of the defense feature on the vessel.

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

19 terms and conditions of the contract to install and in20 corporate defense features.

21 ‘‘(2) For any contract under which the United States

22 provides advance payments under paragraph (1) for the

23 costs associated with incorporation or inclusion of defense

24 features in a commercial vessel, the contractor shall provide

25 to the United States such security interests, which may in-
301

•S 1059 EAH

1 clude a preferred mortgage under section 31322 of title 46,

2 on the vessel as the Secretary may prescribe to project the

3 interests of the United States relating to all costs associated

4 with incorporation or inclusion of defense features in such

5 vessel or vessels.

6 ‘‘(3) The functions of the Secretary under this sub7 section may not be delegated to an officer or employee in

8 a position below the head of the procuring activity, as de9 fined in section 2304(f)(6)(A) of this title.’’.

10 (b) EFFECTIVE DATE.—Subsection (j) of section 2218

11 of title 10, United States Code, as added by subsection (a),

12 shall apply to contracts entered into after September 30,

13 1999.

14 Subtitle C—Matters Relating to

15 Counter Drug Activities

16 SEC. 1021. SUPPORT FOR DETECTION AND MONITORING AC17 TIVITIES IN THE EASTERN PACIFIC OCEAN.

18 (a) OPERATION CAPER FOCUS.—Of the amount au19 thorized to be appropriated by section 301(20) for drug

20 interdiction and counter-drug activities, $6,000,000 shall be

21 available for the purpose of conducting the counter-drug op22 eration known as Caper Focus, which targets the maritime

23 movement of cocaine on vessels in the eastern Pacific Ocean.

24 (b) FUNDS FOR CONVERSION OF WIDE APERTURE

25 RADAR FACILITY TO OPERATIONAL STATUS.—Of the
302

•S 1059 EAH

1 amount authorized to be appropriated by such section,

2 $17,500,000 shall be available for the purpose of—

3 (1) converting the Over-The-Horizon Radar fa4 cility known as the Wide Aperture Radar Facility in

5 southern California from a research to operational

6 status; and

7 (2) using the facility on a full-time basis to de8 tect and track both air and maritime drug traffic in

9 the eastern Pacific Ocean and to monitor the inter10 national border in the southwestern United States.

11 (c) CONTRIBUTION OF ASSETS.—The Secretary of the

12 Air Force shall make available for use at the Wide Aperture

13 Radar Facility described in subsection (b) two OTH-B Con14 tinental 100 KW transmitters and necessary spare parts

15 to ensure the conversion of the facility to operational status.

16 (d) TEST AGAINST GO-FAST BOATS.—As part of the

17 conversion of the Wide Aperture Radar Facility described

18 in subsection (b) to operational status, the Secretary of De19 fense shall evaluate the ability of the facility to detect and

20 track the high-speed maritime vessels typically used in the

21 transportation of illegal drugs by water.

22 (e) PROGRESS REPORT.—Not later than April 15,

23 2000, the Secretary of Defense shall submit a report to Con24 gress evaluating the effectiveness of the Wide Aperture
303

•S 1059 EAH

1 Radar Facility described in subsection (b) in counter-drug

2 detection monitoring and border surveillance.

3 SEC. 1022. CONDITION ON DEVELOPMENT OF FORWARD OP4 ERATING LOCATIONS FOR UNITED STATES

5 SOUTHERN COMMAND COUNTER-DRUG DE6 TECTION AND MONITORING FLIGHTS.

7 None of the funds appropriated or otherwise made

8 available to the Department of Defense for any fiscal year

9 may be obligated or expended for the purpose of improving

10 the physical infrastructure at any proposed forward oper11 ating location outside the United States from which the

12 United States Southern Command may conduct counter13 drug detection and monitoring flights until a formal agree14 ment regarding the extent and use of, and host nation sup15 port for, the forward operating location is executed by both

16 the host nation and the United States.

17 SEC. 1023. UNITED STATES MILITARY ACTIVITIES IN CO18 LOMBIA.

19 Section 1033(f) of the National Defense Authorization

20 Act for Fiscal Year 1998 (Public Law 105–85; 111 U.S.C.

21 1881) is amended—

22 (1) by redesignating paragraph (4) as para23 graph (5) and, in such paragraph, by striking ‘‘Na24 tional Security’’ and inserting ‘‘Armed Services’’; and
304

•S 1059 EAH

1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph:

3 ‘‘(4) Not later than January 1 of each year, the Sec4 retary shall submit to the congressional committees a report

5 detailing the number of United States military personnel

6 deployed or otherwise assigned to duty in Colombia at any

7 time during the preceding year, the length and purpose of

8 the deployment or assignment, and the costs and force pro9 tection risks associated with such deployments and assign10 ments.’’.

11 SEC. 1024. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRA12 TION AND NATURALIZATION SERVICE AND

13 CUSTOMS SERVICE.

14 (a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE15 FENSE.—Chapter 18 of title 10, United States Code, is

16 amended by inserting after section 374 the following new

17 section:

18 ‘‘§ 374a. Assignment of members to assist border pa19 trol and control

20 ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission of

21 a request consistent with subsection (b), the Secretary of De22 fense may assign members of the Army, Navy, Air Force,

23 and Marine Corps to assist—
305

•S 1059 EAH

1 ‘‘(1) the Immigration and Naturalization Serv2 ice in preventing the entry of terrorists and drug traf3 fickers into the United States; and

4 ‘‘(2) the United States Customs Service in the

5 inspection of cargo, vehicles, and aircraft at points of

6 entry into the United States to prevent the entry of

7 weapons of mass destruction, components of weapons

8 of mass destruction, prohibited narcotics or drugs, or

9 other terrorist or drug trafficking items.

10 ‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment of

11 members under subsection (a) may occur only if—

12 ‘‘(1) the assignment is at the request of the Attor13 ney General, in the case of an assignment to the Im14 migration and Naturalization Service, or the Sec15 retary of the Treasury, in the case of an assignment

16 to the United States Customs Service; and

17 ‘‘(2) the request of the Attorney General or the

18 Secretary of the Treasury (as the case may be) is ac19 companied by a certification by the President that the

20 assignment of members pursuant to the request is nec21 essary to respond to a threat to national security

22 posed by the entry into the United States of terrorists

23 or drug traffickers.

24 ‘‘(c) TRAINING PROGRAM.—If the assignment of mem25 bers is requested under subsection (b), the Attorney General
306

•S 1059 EAH

1 or the Secretary of the Treasury (as the case may be), to2 gether with the Secretary of Defense, shall establish a train3 ing program to ensure that members to be assigned receive

4 general instruction regarding issues affecting law enforce5 ment in the border areas in which the members will perform

6 duties under the assignment. A member may not be de7 ployed at a border location pursuant to an assignment

8 under subsection (a) until the member has successfully com9 pleted the training program.

10 ‘‘(d) CONDITIONS ON USE.—(1) Whenever a member

11 who is assigned under subsection (a) to assist the Immigra12 tion and Naturalization Service or the United States Cus13 toms Service is performing duties at a border location pur14 suant to the assignment, a civilian law enforcement officer

15 from the agency concerned shall accompany the member.

16 ‘‘(2) Nothing in this section shall be construed to—

17 ‘‘(A) authorize a member assigned under sub18 section (a) to conduct a search, seizure, or other simi19 lar law enforcement activity or to make an arrest;

20 and

21 ‘‘(B) supersede section 1385 of title 18 (popu22 larly known as the ‘Posse Comitatus Act’).

23 ‘‘(e) NOTIFICATION REQUIREMENTS.—The Attorney

24 General or the Secretary of the Treasury (as the case may

25 be) shall notify the Governor of the State in which members
307

•S 1059 EAH

1 are to be deployed pursuant to an assignment under sub2 section (a), and local governments in the deployment area,

3 of the deployment of the members to assist the Immigration

4 and Naturalization Service or the United States Customs

5 Service (as the case may be) and the types of tasks to be

6 performed by the members.

7 ‘‘(f) REIMBURSEMENT REQUIREMENT.—Section 377 of

8 this title shall apply in the case of members assigned under

9 subsection (a).

10 ‘‘(g) TERMINATION OF AUTHORITY.—No assignment

11 may be made or continued under subsection (a) after Sep12 tember 30, 2002.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of such chapter is amended by inserting after

15 the item relating to section 374 the following new item:

‘‘374a. Assignment of members to assist border patrol and control.’’.

16 Subtitle D—Other Matters

17 SEC. 1031. IDENTIFICATION IN BUDGET MATERIALS OF

18 AMOUNTS FOR DECLASSIFICATION ACTIVI19 TIES AND LIMITATION ON EXPENDITURES

20 FOR SUCH ACTIVITIES.

21 (a) IN GENERAL.—(1) Chapter 9 of title 10, United

22 States Code, is amended by adding at the end the following

23 new section:
308

•S 1059 EAH

1 ‘‘§ 229. Amounts for declassification of records

2 ‘‘(a) SPECIFIC IDENTIFICATION IN BUDGET.—The Sec3 retary of Defense shall include in the budget justification

4 materials submitted to Congress in support of the Depart5 ment of Defense budget for any fiscal year (as submitted

6 with the budget of the President under section 1105(a) of

7 title 31) specific identification, as a budgetary line item,

8 of the amounts required to carry out programmed activities

9 during that fiscal year to declassify records pursuant to Ex10 ecutive Order 12958 (50 U.S.C. 435 note), or any successor

11 Executive order, or to comply with any statutory require12 ment to declassify Government records.’’.

13 (2) The table of sections at the beginning of such chap14 ter is amended by adding at the end the following new item:

‘‘229. Amounts for declassification of records.’’.

15 (b) LIMITATION ON EXPENDITURES.—The total

16 amount expended by the Department of Defense during fis17 cal year 2000 to carry out activities to declassify records

18 pursuant to Executive Order 12958 (50 U.S.C. 435 note),

19 or any successor Executive order, or to comply with any

20 statutory requirement to declassify Government records

21 may not exceed $20,000,000.
309

•S 1059 EAH

1 SEC. 1032. NOTICE TO CONGRESSIONAL COMMITTEES OF

2 COMPROMISE OF CLASSIFIED INFORMATION

3 WITHIN DEFENSE PROGRAMS OF THE UNITED

4 STATES.

5 (a) IN GENERAL.—The Secretary of Defense shall no6 tify the committees specified in subsection (c) of any infor7 mation, regardless of its origin, that the Secretary receives

8 that indicates that classified information relating to any

9 defense operation, system, or technology of the United States

10 is being, or may have been, disclosed in an unauthorized

11 manner to a foreign power or an agent of a foreign power.

12 (b) MANNER OF NOTIFICATION.—A notification under

13 subsection (a) shall be provided, in writing, not later than

14 30 days after the date of the initial receipt of such informa15 tion by the Department of Defense.

16 (c) SPECIFIED COMMITTEES.—The committees referred

17 to in subsection (a) are the Committee on Armed Services

18 of the Senate and the Committee on Armed Service of the

19 House of Representatives.

20 (d) FOREIGN POWER.—For purposes of this section,

21 the terms ‘‘foreign power’’ and ‘‘agent of a foreign power’’

22 have the meanings given those terms in section 101 of the

23 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

24 1801).
310

•S 1059 EAH

1 SEC. 1033. REVISION TO LIMITATION ON RETIREMENT OR

2 DISMANTLEMENT OF STRATEGIC NUCLEAR

3 DELIVERY SYSTEMS.

4 (a) REVISED LIMITATION.—Subsections (a) and (b) of

5 section 1302 of the National Defense Authorization Act for

6 Fiscal Year 1998 (Public Law 105–85) are amended to read

7 as follows:

8 ‘‘(a) FUNDING LIMITATION.—(1) Except as provided

9 in paragraph (2), funds available to the Department of De10 fense may not be obligated or expended for retiring or dis11 mantling, or for preparing to retire or dismantle, any of

12 the following strategic nuclear delivery systems below the

13 specified levels:

14 ‘‘(A) 76 B–52H bomber aircraft.

15 ‘‘(B) 18 Trident ballistic missile submarines.

16 ‘‘(C) 500 Minuteman III intercontinental bal17 listic missiles.

18 ‘‘(D) 50 Peacekeeper intercontinental ballistic

19 missiles.

20 ‘‘(2) The limitation in paragraph (1) shall cease to

21 apply upon a certification by the President to Congress of

22 the following:

23 ‘‘(A) That the effectiveness of the United States

24 strategic deterrent will not be decreased by reductions

25 in strategic nuclear delivery systems.
311

•S 1059 EAH

1 ‘‘(B) That the requirements of the Single Inte2 grated Operational Plan can be met with a reduced

3 number of strategic nuclear delivery systems.

4 ‘‘(C) That reducing the number of strategic nu5 clear delivery systems will not, in the judgment of the

6 President, provide a disincentive for Russia to ratify

7 the START II treaty or serve to undermine future

8 arms control negotiations.

9 ‘‘(3) If the Presidents submits the certification de10 scribed in paragraph (2), then effective upon the submission

11 of that certification, funds available to the Department of

12 Defense may not be obligated or expended to maintain a

13 United States force structure of strategic nuclear delivery

14 systems with a total capacity in warheads that is less than

15 98 percent of the 6,000 warhead limitation applicable to

16 the United States and in effect under the Strategic Arms

17 Reduction Treaty.

18 ‘‘(b) WAIVER AUTHORITY.—If the START II treaty

19 enters into force, the President may waive the application

20 of the limitation in effect under paragraph (1) or (3) of

21 subsection (a), as the case may be, to the extent that the

22 President determines such a waiver to be necessary in order

23 to implement the treaty.’’.

24 (b) COVERED SYSTEMS.—(1) Subsection (e) of such

25 section is amended to read as follows:
312

•S 1059 EAH

1 ‘‘(e) STRATEGIC NUCLEAR DELIVERY SYSTEMS DE2 FINED.—For purposes of this section, the term ‘strategic nu3 clear delivery systems’ means the following:

4 ‘‘(1) B–52H bomber aircraft.

5 ‘‘(2) Trident ballistic missile submarines.

6 ‘‘(3) Minuteman III intercontinental ballistic

7 missiles.

8 ‘‘(4) Peacekeeper intercontinental ballistic mis9 siles.’’.

10 (2) Subsection (c)(2) of such section is amended by

11 striking ‘‘specified in subsection (a)’’.

12 (c) CONFORMING AMENDMENTS.—Such section is fur13 ther amended—

14 (1) in subsection (c)(2), by striking ‘‘during the

15 strategic delivery systems retirement limitation pe16 riod’’ and inserting ‘‘during the fiscal year during

17 which the START II Treaty enters into force’’; and

18 (2) by striking subsection (g).

19 SEC. 1034. ANNUAL REPORT BY CHAIRMAN OF JOINT

20 CHIEFS OF STAFF ON THE RISKS IN EXE21 CUTING THE MISSIONS CALLED FOR UNDER

22 THE NATIONAL MILITARY STRATEGY.

23 Section 153 of title 10, United States Code, is amended

24 by adding at the end the following new subsection:
313

•S 1059 EAH

1 ‘‘(c) RISKS UNDER NATIONAL MILITARY STRATEGY.—

2 (1) Not later than January 1 each year, the Chairman shall

3 submit to the Secretary of Defense a report providing the

4 Chairman’s assessment of the nature and magnitude of the

5 strategic and military risks associated with executing the

6 missions called for under the current National Military

7 Strategy.

8 ‘‘(2) The Secretary shall forward the report received

9 under paragraph (1) in any year, with the Secretary’s com10 ments thereon (if any), to Congress with the Secretary’s

11 next transmission to Congress of the annual Department

12 of Defense budget justification materials in support of the

13 Department of Defense component of the budget of the Presi14 dent submitted under section 1105 of title 31 for the next

15 fiscal year. If the Chairman’s assessment in such report in

16 any year is that risk associated with executing the missions

17 called for under the National Military Strategy is signifi18 cant, the Secretary shall include with the report as sub19 mitted to Congress the Secretary’s plan for mitigating that

20 risk.’’.
314

•S 1059 EAH

1 SEC. 1035. REQUIREMENT TO ADDRESS UNIT OPERATIONS

2 TEMPO AND PERSONNEL TEMPO IN DEPART3 MENT OF DEFENSE ANNUAL REPORT.

4 (a) REPORTING REQUIREMENTS.—Chapter 23 of title

5 10, United States Code, is amended by adding at the end

6 the following new section:

7 ‘‘§ 486. Unit operations tempo and personnel tempo:

8 annual report

9 ‘‘(a) INCLUSION IN ANNUAL REPORT.—The Secretary

10 of Defense shall include in the annual report required by

11 section 113(c) of this title a description of the operations

12 tempo and personnel tempo of the armed forces.

13 ‘‘(b) SPECIFIC REPORTING REQUIREMENTS.—To sat14 isfy subsection (a), the report shall include the following:

15 ‘‘(1) A description of the methods by which each

16 of the armed forces measures operations tempo and

17 personnel tempo.

18 ‘‘(2) A description of the personnel tempo poli19 cies of each of the armed forces and any changes to

20 these policies since the preceding report.

21 ‘‘(3) A table depicting the active duty end

22 strength for each of the armed forces for each of the

23 preceding five years and also depicting the number of

24 members of each of the armed forces deployed over the

25 same period, as determined by the Secretary con26 cerned.
315

•S 1059 EAH

1 ‘‘(4) An identification of the active and reserve

2 component units of the armed forces participating at

3 the battalion, squadron, or an equivalent level (or a

4 higher level) in contingency operations, major train5 ing events, and other exercises and contingencies of

6 such a scale that the exercises and contingencies re7 ceive an official designation, that were conducted dur8 ing the period covered by the report and the duration

9 of their participation.

10 ‘‘(5) For each of the armed forces, the average

11 number of days a member of that armed force was de12 ployed away from the member’s home station during

13 the period covered by the report as compared to recent

14 previous years for which such information is avail15 able.

16 ‘‘(6) For each of the armed forces, the number of

17 days that high demand, low density units (as defined

18 by the Chairman of the Joint Chiefs of Staff) were de19 ployed during the period covered by the report, and

20 whether these units met the force goals for limiting

21 deployments, as described in the personnel tempo poli22 cies applicable to that armed force.

23 ‘‘(c) DEFINITIONS.—In this section:

24 ‘‘(1) The term ‘operations tempo’ means the rate

25 at which units of the armed forces are involved in all
316

•S 1059 EAH

1 military activities, including contingency operations,

2 exercises, and training deployments.

3 ‘‘(2) The term ‘personnel tempo’ means the

4 amount of time members of the armed forces are en5 gaged in their official duties, including the rate at

6 which members are required, as a result of these du7 ties, to spend nights away from home.

8 ‘‘(3) The term ‘armed forces’ does not include the

9 Coast Guard when it is not operating as a service in

10 the Department of the Navy.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of such chapter is amended by adding at the

13 end the following new item:

‘‘486. Unit operations tempo and personnel tempo: annual report.’’.

14 SEC. 1036. PRESERVATION OF CERTAIN DEFENSE REPORT15 ING REQUIREMENTS.

16 Section 3003(a)(1) of the Federal Reports Elimination

17 and Sunset Act of 1995 (31 U.S.C. 1113 note) does not

18 apply to any report required to be submitted under any

19 of the following provisions of law:

20 (1) The following sections of title 10, United

21 States Code: sections 113, 115a, 116, 139(f), 221, 226,

22 401(d), 667, 2011(e), 2391(c), 2431(a), 2432, 2457(d),

23 2537, 2662(b), 2706(b), 2861, 2902(g)(2), 4542(g)(2),

24 7424(b), 7425(b), 10541, 10542, and 12302(d).
317

•S 1059 EAH

1 (2) Sections 301a(f) and 1008 of title 37, United

2 States Code.

3 (3) Sections 11 and 14 of the Strategic and Crit4 ical Materials Stock Piling Act (50 U.S.C. 98h–2,

5 98h–5).

6 (4) Section 4(a) of Public Law 85–804 (50

7 U.S.C. 1434(a)).

8 (5) Section 10(g) of the Military Selective Serv9 ice Act (50 U.S.C. App. 460(g)).

10 (6) Section 3134 of the National Defense Author11 ization Act, Fiscal Year 1991 (42 U.S.C. 7274c).

12 (7) Section 822(b) of the National Defense Au13 thorization Act for Fiscal Years 1992 and 1993 (42

14 U.S.C. 6687(b)).

15 (8) Section 1097 of the National Defense Author16 ization Act for Fiscal Years 1992 and 1993 (22

17 U.S.C. 2751 note).

18 (9) Sections 208, 901(b)(2), and 1211 of the Mer19 chant Marine Act, 1936 (46 App. U.S.C. 1118,

20 1241(b)(2), 1291).

21 (10) Section 12 of the Act of March 9, 1920

22 (popularly known as the ‘‘Suits in Admiralty Act’’)

23 (46 App. U.S.C. 752).
318

•S 1059 EAH

1 SEC. 1037. TECHNICAL AND CLERICAL AMENDMENTS.

2 (a) TITLE 10, UNITED STATES CODE.—Title 10,

3 United States Code, is amended as follows:

4 (1) Section 136(a) is amended by inserting ‘‘ad5 vice and’’ after ‘‘by and with the’’.

6 (2) Section 180(d) is amended by striking

7 ‘‘grade GS–18 of the General Schedule under section

8 5332 of title 5’’ and inserting ‘‘Executive Schedule

9 Level IV under section 5376 of title 5’’.

10 (3) Section 192(d) is amended by striking ‘‘the

11 date of the enactment of this subsection’’ and insert12 ing ‘‘October 17, 1998’’.

13 (4) Section 374(b) is amended—

14 (A) in paragraph (1), by aligning subpara15 graphs (C) and (D) with subparagraphs (A) and

16 (B); and

17 (B) in paragraph (2)(F), by striking the

18 second semicolon at the end of clause (i).

19 (5) Section 664(i)(2)(A) is amended by striking

20 ‘‘the date of the enactment of this subsection’’ and in21 serting ‘‘February 10, 1996’’.

22 (6) Section 777(d)(1) is amended by striking

23 ‘‘may not exceed’’ and all that follows and inserting

24 ‘‘may not exceed 35.’’.

25 (7) Section 977(d)(2) is amended by striking

26 ‘‘the lesser of’’ and all that follows through ‘‘(B)’’.
319

•S 1059 EAH

1 (8) Section 1073 is amended by inserting ‘‘(42

2 U.S.C. 14401 et seq.)’’ before the period at the end of

3 the second sentence.

4 (9) Section 1076a(j)(2) is amended by striking

5 ‘‘1 year’’ and inserting ‘‘one year’’.

6 (10) Section 1370(d) is amended—

7 (A) in paragraph (1), by striking ‘‘chapter

8 1225’’ and inserting ‘‘chapter 1223’’; and

9 (B) in paragraph (5), by striking ‘‘the date

10 of the enactment of this paragraph’’ and insert11 ing ‘‘October 17, 1998,’’.

12 (11) Section 1401a(b)(2) is amended—

13 (A) by striking ‘‘MEMBERS’’ and all that

14 follows through ‘‘The Secretary shall’’ and insert15 ing ‘‘MEMBERS.—The Secretary shall’’;

16 (B) by striking subparagraphs (B) and (C);

17 and

18 (C) by redesignating clauses (i) and (ii) as

19 subparagraphs (A) and (B) and realigning those

20 subparagraphs, as so redesignated, so as to be in21 dented four ems from the left margin.

22 (12) Section 1406(i)(2) is amended by striking

23 ‘‘on or after the date of the enactment of the Strom

24 Thurmond National Defense Authorization Act for
320

•S 1059 EAH

1 Fiscal Year 1999’’ and inserting ‘‘after October 16,

2 1998’’.

3 (13) Section 1448(b)(3)(E)(ii) is amended by

4 striking ‘‘on or after the date of the enactment of the

5 subparagraph’’ and inserting ‘‘after October 16,

6 1998,’’.

7 (14) Section 1501(d) is amended by striking

8 ‘‘prescribed’’ in the first sentence and inserting ‘‘de9 scribed’’.

10 (15) Section 1509(a)(2) is amended by striking

11 ‘‘the date of the enactment of the National Defense

12 Authorization Act for Fiscal Year 1998’’ in subpara13 graphs (A) and (B) and inserting ‘‘November 18,

14 1997,’’.

15 (16) Section 1513(1) is amended by striking ‘‘,

16 under the circumstances specified in the last sentence

17 of section 1509(a) of this title’’ and inserting ‘‘who is

18 required by section 1509(a)(1) of this title to be con19 sidered a missing person’’.

20 (17) Section 2208(l)(2)(A) is amended by insert21 ing ‘‘of’’ after ‘‘during a period’’.

22 (18) Section 2212(f) is amended—

23 (A) in paragraphs (2) and (3), by striking

24 ‘‘after the date of the enactment of this section’’

25 and inserting ‘‘after October 17, 1998,’’; and
321

•S 1059 EAH

1 (B) in paragraphs (2), (3) and (4), by

2 striking ‘‘as of the date of the enactment of this

3 section’’ and inserting ‘‘as of October 17, 1998’’.

4 (19) Section 2302c(b) is amended by striking

5 ‘‘section 2303’’ and inserting ‘‘section 2303(a)’’.

6 (20) Section 2325(a)(1) is amended by inserting

7 ‘‘that occurs after November 18, 1997,’’ after ‘‘of the

8 contractor’’ in the matter that precedes subparagraph

9 (A).

10 (21) Section 2469a(c)(3) is amended by striking

11 ‘‘the date of the enactment of the National Defense

12 Authorization Act for Fiscal Year 1998’’ and insert13 ing ‘‘November 18, 1997’’.

14 (22) Section 2486(c) is amended by striking ‘‘the

15 date of the enactment of the National Defense Author16 ization Act for Fiscal Year 1998,’’ in the second sen17 tence and inserting ‘‘November 18, 1997,’’.

18 (23) Section 2492(b) is amended by striking ‘‘the

19 date of the enactment of this section’’ and inserting

20 ‘‘October 17, 1998’’.

21 (24) Section 2539b(a) is amended by striking

22 ‘‘secretaries of the military departments’’ and insert23 ing ‘‘Secretaries of the military departments’’.

24 (25) Section 2641a is amended—
322

•S 1059 EAH

1 (A) by striking ‘‘, United States Code,’’ in

2 subsection (b)(2); and

3 (B) by striking subsection (d).

4 (26) Section 2692(b) is amended—

5 (A) by striking ‘‘apply to—’’ in the matter

6 preceding paragraph (1) and inserting ‘‘apply to

7 the following:’’;

8 (B) by striking ‘‘the’’ at the beginning of

9 each of paragraphs (1) through (11) and insert10 ing ‘‘The’’;

11 (C) by striking the semicolon at the end of

12 each of paragraphs (1) through (9) and inserting

13 a period; and

14 (D) by striking ‘‘; and’’ at the end of para15 graph (10) and inserting a period.

16 (27) Section 2696 is amended—

17 (A) in subsection (a), by inserting ‘‘enacted

18 after December 31, 1997,’’ after ‘‘any provision

19 of law’’;

20 (B) in subsection (b)(1), by striking ‘‘re21 quired by paragraph (1)’’ and inserting ‘‘re22 ferred to in subsection (a)’’; and

23 (C) in subsection (e)(4), by striking ‘‘the

24 date of enactment of the National Defense Au-
323

•S 1059 EAH

1 thorization Act for Fiscal Year 1998’’ and insert2 ing ‘‘November 18, 1997’’.

3 (28) Section 2703(c) is amended by striking

4 ‘‘United States Code,’’.

5 (29) Section 2837(d)(2)(C) is amended by strik6 ing ‘‘the National Defense Authorization Act for Fis7 cal Year 1996’’ and inserting ‘‘this section’’.

8 (30) Section 7315(d)(2) is amended by striking

9 ‘‘the date of the enactment of the National Defense

10 Authorization Act for Fiscal Year 1998’’ and insert11 ing ‘‘November 18, 1997,’’.

12 (31) Section 7902(e)(5) is amended by striking

13 ‘‘, United States Code,’’.

14 (32) The item relating to section 12003 in the

15 table of sections at the beginning of chapter 1201 is

16 amended by inserting ‘‘in an’’ after ‘‘officers’’.

17 (33) Section 14301(g) is amended by striking ‘‘1

18 year’’ both places it appears and inserting ‘‘one

19 year’’.

20 (34) Section 16131(b)(1) is amended by insert21 ing ‘‘in’’ after ‘‘Except as provided’’

22 (b) PUBLIC LAW 105–261.—Effective as of October 17,

23 1998, and as if included therein as enacted, the Strom

24 Thurmond National Defense Authorization Act for Fiscal
324

•S 1059 EAH

1 Year 1999 (Public Law 105–261; 112 Stat. 1920 et seq.)

2 is amended as follows:

3 (1) Section 402(b) (112 Stat. 1996) is amended

4 by striking the third comma in the first quoted mat5 ter and inserting a period.

6 (2) Section 511(b)(2) (112 Stat. 2007) is amend7 ed by striking ‘‘section 1411’’ and inserting ‘‘section

8 1402’’.

9 (3) Section 513(a) (112 Stat. 2007) is amended

10 by striking ‘‘section 511’’ and inserting ‘‘section

11 512(a)’’.

12 (4) Section 525(b) (112 Stat. 2014) is amended

13 by striking ‘‘subsection (i)’’ and inserting ‘‘subsection

14 (j)’’.

15 (5) Section 568 (112 Stat. 2031) is amended by

16 striking ‘‘1295(c)’’ in the matter preceding paragraph

17 (1) and inserting ‘‘1295b(c)’’.

18 (6) Section 722(c)(1)(D) (112 Stat. 2067) is

19 amended by striking ‘‘subsection (c)’’ and inserting

20 ‘‘subsection (d)’’.

21 (c) PUBLIC LAW 105–85.—The National Defense Au22 thorization Act for Fiscal Year 1998 (Public Law 105–85)

23 is amended as follows:

24 (1) Section 557(b) (111 Stat. 1750) is amended

25 by inserting ‘‘to’’ after ‘‘with respect’’.
325

•S 1059 EAH

1 (2) Section 563(b) (111 Stat. 1754) is amended

2 by striking ‘‘title’’ and inserting ‘‘subtitle’’.

3 (3) Section 644(d)(2) (111 Stat. 1801) is amend4 ed by striking ‘‘paragraphs (3) and (4)’’ and insert5 ing ‘‘paragraphs (7) and (8)’’.

6 (4) Section 934(b) (111 Stat. 1866) is amended

7 by striking ‘‘of’’ after ‘‘matters concerning’’.

8 (d) OTHER LAWS.—

9 (1) Effective as of April 1, 1996, section 647(b)

10 of the National Defense Authorization Act for Fiscal

11 Year 1996 (Public Law 104–106; 110 Stat. 370) is

12 amended by inserting ‘‘of such title’’ after ‘‘Section

13 1968(a)’’.

14 (2) Section 414 of the National Defense Author15 ization Act for Fiscal Years 1992 and 1993 (Public

16 Law 102–190; 10 U.S.C. 12001 note) is amended—

17 (A) by striking ‘‘pilot’’ in subsection (a),

18 ‘‘PILOT’’ in the heading of subsection (a), and

19 ‘‘PILOT’’ in the section heading; and

20 (B) in subsection (c)(1)—

21 (i) by striking ‘‘2,000’’ in the first sen22 tence and inserting ‘‘5,000’’; and

23 (ii) by striking the second sentence.
326

•S 1059 EAH

1 (3) Sections 8334(c) and 8422(a)(3) of title 5,

2 United States Code, are each amended in the item for

3 nuclear materials couriers—

4 (A) by striking ‘‘to the day before the date

5 of the enactment of the Strom Thurmond Na6 tional Defense Authorization Act for Fiscal Year

7 1999’’ and inserting ‘‘to October 16, 1998’’; and

8 (B) by striking ‘‘The date of the enactment

9 of the Strom Thurmond National Defense Au10 thorization Act for Fiscal Year 1999’’ and insert11 ing ‘‘October 17, 1998’’.

12 (4) Section 113(b)(2) of title 32, United States

13 Code, is amended by striking ‘‘the date of the enact14 ment of this subsection’’ and inserting ‘‘October 17,

15 1998’’.

16 (5) Section 1007(b) of title 37, United States

17 Code, is amended by striking the second sentence.

18 (6) Section 845(b)(1) of the National Defense Author19 ization Act for Fiscal Year 1994 (Public Law 103–160; 10

20 U.S.C. 2371 note) is amended by striking ‘‘(e)(2) and (e)(3)

21 of such section 2371’’ and inserting ‘‘(e)(1)(B) and (e)(2)

22 of such section 2371’’.
327

•S 1059 EAH

1 SEC. 1038. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOW2 MENT FUND OF UNITED SERVICE ORGANIZA3 TIONS, INCORPORATED.

4 (a) GRANTS AUTHORIZED.—Subject to subsection (c),

5 the Secretary of Defense may make grants to the United

6 Service Organizations, Incorporated, a federally chartered

7 corporation under chapter 2201 of title 36, United States

8 Code, to contribute funds for the USO’s Spirit of Hope En9 dowment Fund.

10 (b) GRANT INCREMENTS.—The amount of the first

11 grant under subsection (a) may not exceed $2,000,000. The

12 amount of the second grant under such subsection may not

13 exceed $3,000,000, and subsequent grants may not exceed

14 $5,000,000.

15 (c) MATCHING REQUIREMENT.—Each grant under

16 subsection (a) may not be made until after the United Serv17 ice Organizations, Incorporated, certifies to the Secretary

18 of Defense that sufficient funds have been raised from non19 Federal sources for deposit in the Spirit of Hope Endow20 ment Fund to match, on a dollar-for-dollar basis, the

21 amount of that grant.

22 (d) FUNDING.—Of the amount authorized to be appro23 priated by section 301(5) for operation and maintenance

24 for Defense-wide activities, $25,000,000 shall be available

25 to the Secretary of Defense for the purpose of making grants

26 under subsection (a).
328

•S 1059 EAH

1 SEC. 1039. CHEMICAL DEFENSE TRAINING FACILITY.

2 (a) AUTHORITY TO TRANSFER AGENTS.—(1) The Sec3 retary of Defense may transfer to the Attorney General

4 quantities of non-stockpile lethal chemical agents required

5 to support training at the Chemical Defense Training Fa6 cility at the Center for Domestic Preparedness in Fort

7 McClellan, Alabama. The quantity of non-stockpile lethal

8 chemical agents that may be transferred under this section

9 may not exceed that required to support training for emer10 gency first-response personnel in addressing the health, safe11 ty and law enforcement concerns associated with potential

12 terrorist incidents that might involve the use of lethal chem13 ical weapons or agents, or other training designated by the

14 Attorney General.

15 (2) The Secretary of Defense, in coordination with the

16 Attorney General, shall determine the amount of non-stock17 pile lethal chemical agents that shall be transferred under

18 this section. Such amount shall be transferred from quan19 tities of non-stockpile lethal chemical agents that are main20 tained by the Department of Defense for research, develop21 ment, test, and evaluation of chemical defense material and

22 for live-agent training of chemical defense personnel and

23 other individuals by the Department of Defense.

24 (3) The Secretary of Defense may not transfer non25 stockpile lethal chemical agents under this section until—
329

•S 1059 EAH

1 (A) the Chemical Defense Training Facility re2 ferred to in paragraph (1) is transferred from the De3 partment of Defense to the Department of Justice;

4 and

5 (B) the Secretary certifies that the Attorney Gen6 eral is prepared to receive such agents.

7 (4) Quantities of non-stockpile lethal chemical agents

8 transferred under this section shall meet all applicable re9 quirements for transportation, storage, treatment, and dis10 posal of such agents and for any resulting hazardous waste

11 products.

12 (b) ANNUAL REPORT.—The Secretary of Defense, in

13 consultation with Attorney General and the Administrator

14 of the Environmental Protection Agency, shall report annu15 ally to Congress regarding the disposition of non-stockpile

16 lethal chemical agents transferred under this section.

17 (c) NON-STOCKPILE LETHAL CHEMICAL AGENTS.—In

18 this section, the term ‘‘non-stockpile lethal chemical agents’’

19 includes those chemicals in the possession of the Department

20 of Defense that are not part of the chemical weapons stock21 pile and that are applied to research, medical, pharma22 ceutical, or protective purposes in accordance with Article

23 VI of the Conventional Weapons Convention Treaty.
330

•S 1059 EAH

1 SEC. 1040. ASIA-PACIFIC CENTER FOR SECURITY STUDIES.

2 (a) WAIVER OF CHARGES.—(1) The Secretary of De3 fense may waive reimbursement of the costs of conferences,

4 seminars, courses of instruction, or similar educational ac5 tivities of the Asia-Pacific Center for military officers and

6 civilian officials of foreign nations of the Asia-Pacific re7 gion if the Secretary determines that attendance by such

8 persons without reimbursement is in the national security

9 interest of the United States.

10 (2) In this section, the term ‘‘Asia-Pacific Center’’

11 means the Department of Defense organization within the

12 United States Pacific Command known as the Asia-Pacific

13 Center for Security Studies.

14 (b) AUTHORITY TO ACCEPT FOREIGN GIFTS AND DO15 NATIONS.—(1) Subject to paragraph (2), the Secretary of

16 Defense may accept, on behalf of the Asia-Pacific Center,

17 foreign gifts or donations in order to defray the costs of,

18 or enhance the operation of, the Asia-Pacific Center.

19 (2) The Secretary may not accept a gift or donation

20 under paragraph (1) if the acceptance of the gift or dona21 tion would compromise or appear to compromise—

22 (A) the ability of the Department of Defense, any

23 employee of the Department, or members of the Armed

24 Forces to carry out any responsibility or duty of the

25 Department in a fair and objective manner; or
331

•S 1059 EAH

1 (B) the integrity of any program of the Depart2 ment of Defense or of any person involved in such a

3 program.

4 (3) The Secretary shall prescribe written guidance set5 ting forth the criteria to be used in determining whether

6 the acceptance of a foreign gift or donation would have a

7 result described in paragraph (2).

8 (4) Funds accepted by the Secretary under paragraph

9 (1) shall be credited to appropriations available to the De10 partment of Defense for the Asia-Pacific Center. Funds so

11 credited shall be merged with the appropriations to which

12 credited and shall be available to the Asia-Pacific Center

13 for the same purposes and same period as the appropria14 tions with which merged.

15 (5) If the total amount of funds accepted under para16 graph (1) in any fiscal year exceeds $2,000,000, the Sec17 retary shall notify Congress of the amount of those dona18 tions for that fiscal year. Any such notice shall list each

19 of the contributors of such amounts and the amount of each

20 contribution in that fiscal year.

21 (6) For purposes of this subsection, a foreign gift or

22 donation is a gift or donation of funds, materials (includ23 ing research materials), property, or services (including lec24 ture services and faculty services) from a foreign govern-
332

•S 1059 EAH

1 ment, a foundation or other charitable organization in a

2 foreign country, or an individual in a foreign country.

3 SEC. 1041. REPORT ON EFFECT OF CONTINUED BALKAN OP4 ERATIONS ON ABILITY OF UNITED STATES TO

5 SUCCESSFULLY MEET OTHER REGIONAL CON6 TINGENCIES.

7 (a) REPORT.—Not later than 90 days after the date

8 of the enactment of this Act, the Secretary of Defense shall

9 submit to Congress a report describing the effect of contin10 ued operations by the Armed Forces in the Balkans region

11 on the ability of the United States, through the period cov12 ered by the current Future-Years Defense Plan of the De13 partment of Defense, to prosecute to a successful conclusion

14 a major contingency in the Asia-Pacific region or to pros15 ecute to a successful conclusion two nearly simultaneous

16 major theater wars, in accordance with the most recent

17 Quadrennial Defense Review.

18 (b) MATTERS TO BE INCLUDED.—The report under

19 subsection (a) shall set forth the following:

20 (1) In light of continued Balkan operations, the

21 capabilities and limitations of United States combat,

22 combat support, and combat service support forces (at

23 national, operational, and tactical levels and oper24 ating in a joint and coalition environment) to expedi-
333

•S 1059 EAH

1 tiously respond to, prosecute, and achieve United

2 States strategic objectives in the event of—

3 (A) a contingency on the Korean peninsula;

4 or

5 (B) two nearly simultaneous major theater

6 wars.

7 (2) The confidence level of the Secretary of De8 fense in United States military capabilities to suc9 cessfully prosecute a Pacific contingency, and to suc10 cessfully prosecute two nearly simultaneous major the11 ater wars, while remaining engaged at current or

12 greater force levels in the Balkans, together with the

13 rationale and justification for each such confidence

14 level.

15 (3) Identification of high-value platforms, sys16 tems, capabilities, and skills that—

17 (A) during a Pacific contingency, would be

18 stressed or broken and at what point such stress19 ing or breaking would occur; and

20 (B) during two nearly simultaneous major

21 theater wars, would be stressed or broken and at

22 what point such stressing or breaking would

23 occur.
334

•S 1059 EAH

1 (4) During continued military operations in the

2 Balkans, the effect on the ‘‘operations tempo’’, and on

3 the ‘‘personnel tempo’’, of the Armed Forces—

4 (A) of a Pacific contingency; and

5 (B) of two nearly simultaneous major the6 ater wars.

7 (5) During continued military operations in the

8 Balkans, the required type and quantity of high-value

9 platforms, systems, capabilities, and skills to pros10 ecute successfully—

11 (A) a Pacific contingency; and

12 (B) two nearly simultaneous major theater

13 wars.

14 (c) CONSULTATION.—In preparing the report under

15 this section, the Secretary of Defense shall use the resources

16 and expertise of the unified commands, the military depart17 ments, the combat support agencies, and the defense compo18 nents of the intelligence community and shall consult with

19 non-Department elements of the intelligence community, as

20 required, and other such entities within the Department of

21 Defense as the Secretary considers necessary.

22 SEC. 1042. REPORT ON SPACE LAUNCH FAILURES.

23 (a) REPORT REQUIRED.—The Secretary of Defense

24 shall submit to the President and the specified congressional

25 committees a report on the factors involved in the three re-
335

•S 1059 EAH

1 cent failures of the Titan IV space launch vehicle and the

2 systemic and management reforms that the Secretary is im3 plementing to minimize future failures of that vehicle and

4 future launch systems. The report shall be submitted not

5 later than February 15, 2000. The Secretary shall include

6 in the report all information from the reviews of those fail7 ures conducted by the Secretary of the Air Force and launch

8 contractors.

9 (b) MATTERS TO BE INCLUDED.—The report shall in10 clude the following information:

11 (1) An explanation for the failure of a Titan

12 IVA launch vehicle on August 12, 1998, the failure of

13 a Titan IVB launch vehicle on April 9, 1999, and the

14 failure of a Titan IVB launch vehicle on April 30,

15 1999, as well as any information from civilian

16 launches which may provide information on systemic

17 problems in current Department of Defense launch

18 systems, including, in addition to a detailed technical

19 explanation and summary of financial costs for each

20 such failure, a one-page summary for each such fail21 ure indicating any commonality between that failure

22 and other military or civilian launch failures.

23 (2) A review of management and engineering re24 sponsibility for the Titan, Inertial Upper Stage, and

25 Centaur systems, with an explanation of the respec-
336

•S 1059 EAH

1 tive roles of the Government and the private sector in

2 ensuring mission success and identification of the re3 sponsible party (Government or private sector) for

4 each major stage in production and launch of the ve5 hicles.

6 (3) A list of all contractors and subcontractors

7 for each of the Titan, Inertial Upper Stage, and Cen8 taur systems and their responsibilities and five-year

9 records for meeting program requirements.

10 (4) A comparison of the practices of the Depart11 ment of Defense, the National Aeronautics and Space

12 Administration, and the commercial launch industry

13 regarding the management and oversight of the pro14 curement and launch of expendable launch vehicles.

15 (5) An assessment of whether consolidation in

16 the aerospace industry has affected mission success,

17 including whether cost-saving efforts are having an ef18 fect on quality and whether experienced workers are

19 being replaced by less experienced workers for cost20 saving purposes.

21 (6) Recommendations on how Government con22 tracts with launch service companies could be im23 proved to protect the taxpayer, together with the Sec24 retary’s assessment of whether the withholding of

25 award and incentive fees is a sufficient incentive to
337

•S 1059 EAH

1 hold contractors to the highest possible quality stand2 ards and the Secretary’s overall evaluation of the

3 award fee system.

4 (7) A short summary of what went wrong tech5 nically and managerially in each launch failure and

6 what specific steps are being taken by the Department

7 of Defense and space launch contractors to ensure that

8 those errors do not reoccur.

9 (8) An assessment of the role of the Department

10 of Defense in the management and technical oversight

11 of the launches that failed and whether the Depart12 ment of Defense, in that role, contributed to the fail13 ures.

14 (9) An assessment of the effect of the launch fail15 ures on the schedule for Titan launches, on the sched16 ule for development and first launch of the Evolved

17 Expendable Launch Vehicle, and on the ability of in18 dustry to meet Department of Defense requirements.

19 (10) An assessment of the impact of the launch

20 failures on assured access to space by the United

21 States, and a consideration of means by which access

22 to space by the United States can be better assured.

23 (11) An assessment of any systemic problems

24 that may exist at the eastern launch range, whether

25 these problems contributed to the launch failures, and
338

•S 1059 EAH

1 what means would be most effective in addressing

2 these problems.

3 (12) An assessment of the potential benefits and

4 detriments of launch insurance and the impact of

5 such insurance on the estimated net cost of space

6 launches.

7 (13) A review of the responsibilities of the De8 partment of Defense and industry representatives in

9 the launch process, an examination of the incentives

10 of the Department and industry representatives

11 throughout the launch process, and an assessment of

12 whether the incentives are appropriate to maximize

13 the probability that launches will be timely and suc14 cessful.

15 (14) Any other observations and recommenda16 tions that the Secretary considers relevant.

17 (c) INTERIM REPORT.—Not later than December 15,

18 1999, the Secretary shall submit to the specified congres19 sional committees an interim report on the progress in the

20 preparation of the report required by this section, including

21 progress with respect to each of the matters required to be

22 included in the report under subsection (b).

23 (d) SPECIFIED CONGRESSIONAL COMMITTEES.—For

24 purposes of this section, the term ‘‘specified congressional

25 committees’’ means the following:
339

•S 1059 EAH

1 (1) The Committee on Armed Services, the Select

2 Committee on Intelligence, and the Committee on Ap3 propriations of the Senate.

4 (2) The Committee on Armed Services, the Per5 manent Select Committee on Intelligence, and the

6 Committee on Appropriations of the House of Rep7 resentatives.

8 SEC. 1043. REPORT ON AIRLIFT REQUIREMENTS TO SUP9 PORT NATIONAL MILITARY STRATEGY.

10 (a) REPORT REQUIRED.—Not later than June 1, 2000,

11 the Secretary of Defense shall submit to Congress a report,

12 in both classified and unclassified form, describing the air13 lift requirements necessary to execute the full range of mis14 sions called for under the National Military Strategy pre15 scribed by the Chairman of the Joint Chiefs of Staff under

16 the postures of force engagement anticipated through 2015.

17 (b) CONTENT OF REPORT.—The report shall address

18 the following:

19 (1) The identity, size, structure, and capabilities

20 of the airlift requirements necessary for the full range

21 of shaping, preparing, and responding missions de22 manded under the National Military Strategy.

23 (2) The required support and infrastructure re24 quired to successfully execute the full range of mis25 sions required under the National Military Strategy,
340

•S 1059 EAH

1 on the deployment schedules outlined in the plans of

2 the relevant commanders-in-chief from expected and

3 increasingly dispersed postures of engagement.

4 (3) The anticipated effect of enemy use of weap5 ons of mass destruction, other asymmetrical attacks,

6 expected rates of peacekeeping and other contingency

7 missions, and other similar factors on the mobility

8 force and its required infrastructure and on mobility

9 requirements.

10 (4) The effect on mobility requirements of new

11 service force structures, such as the Air Force’s Air

12 Expeditionary Force and the Army’s Strike Force,

13 and any foreseeable force structure modifications

14 through 2015.

15 (5) The need to deploy forces strategically and

16 employ them tactically using the same airlift plat17 form.

18 (6) The need for an increased airlift platform ca19 pable of deploying outsize equipment or large volumes

20 of supplies and equipment.

21 (7) The anticipated role of host nation, foreign,

22 and coalition airlift support and requirements

23 through 2015.
341

•S 1059 EAH

1 (8) Alternatives to the current mobility program

2 or required modifications to the 1998 Air Mobility

3 Master Plan update.

4 SEC. 1044. OPERATIONS OF NAVAL ACADEMY DAIRY FARM.

5 Section 6976 of title 10, United States Code, is

6 amended—

7 (1) by redesignating subsection (c) as subsection

8 (d); and

9 (2) by inserting after paragraph (b) the fol10 lowing new subsection:

11 ‘‘(c) LEASE PROCEEDS.—All money received from a

12 lease entered into under subsection (b) shall be retained by

13 the Superintendent of the Naval Academy and shall be

14 available to cover expenses related to the property described

15 in subsection (a), including reimbursing nonappropriated

16 fund instrumentalities of the Naval Academy.’’.

17 SEC. 1045. INSPECTOR GENERAL INVESTIGATION OF COM18 PLIANCE WITH BUY AMERICAN ACT IN PUR19 CHASES OF FREE WEIGHT STRENGTH TRAIN20 ING EQUIPMENT.

21 (a) INVESTIGATION REQUIRED.—The Inspector Gen22 eral of the Department of Defense shall conduct an inves23 tigation to determine whether the purchases described in

24 subsection (b) are being made in compliance with the Buy

25 American Act (41 U.S.C. 10a et seq.).
342

•S 1059 EAH

1 (b) PURCHASES COVERED.—The investigation shall

2 cover purchases made during the three-year period ending

3 on the date of the enactment of this Act of free weights for

4 use in strength training by members of the Armed Forces

5 stationed at defense installations located in the United

6 States (including its territories and possessions).

7 (c) REPORT.—The Inspector General shall prepare a

8 report for the Secretary of Defense on the investigation. Not

9 later than six months after the date of the enactment of this

10 Act, the Secretary of Defense shall submit to Congress such

11 report, together with such additional comments and rec12 ommendations as the Secretary considers appropriate.

13 (d) DEFINITION.—For purposes of this section, the

14 term ‘‘free weights’’ means dumbbells or solid metallic disks

15 balanced on crossbars, designed to be lifted for strength

16 training or athletic competition.

17 SEC. 1046. PERFORMANCE OF THREAT AND RISK ASSESS18 MENTS.

19 Section 1404 of the Defense Against Weapons of Mass

20 Destruction Act of 1999 (title XIV of Public Law 105–261;

21 50 U.S.C. 2301 note) is amended to read as follows:

22 ‘‘SEC. 1404. THREAT AND RISK ASSESSMENTS.

23 ‘‘(a) THREAT AND RISK ASSESSMENTS.—(1) Assist24 ance to Federal, State, and local agencies provided under

25 the program under section 1402 shall include the perform-
343

•S 1059 EAH

1 ance of assessments of the threat and risk of terrorist em2 ployment of weapons of mass destruction against cities and

3 other local areas. Such assessments shall be used by Federal,

4 State, and local agencies to determine the training and

5 equipment requirements under this program and shall be

6 performed as a collaborative effort with State and local

7 agencies.

8 ‘‘(2) The Department of Justice, as lead Federal agen9 cy for crisis management in response to terrorism involving

10 weapons of mass destruction, shall conduct any threat and

11 risk assessment performed under paragraph (1) in coordi12 nation with appropriate Federal, State, and local agencies,

13 and shall develop procedures and guidance for conduct of

14 the threat and risk assessment in consultation with officials

15 from the intelligence community.

16 ‘‘(b) PILOT TEST.—(1) Before prescribing final proce17 dures and guidance for the performance of threat and risk

18 assessments under this section, the Attorney General shall

19 conduct a pilot test of any proposed method or model by

20 which such assessments are to be performed. The Attorney

21 General shall conduct the pilot test in coordination with

22 appropriate Federal, State, and local agencies.

23 ‘‘(2) The pilot test shall be performed in cities or local

24 areas selected by the Attorney General in consultation with

25 appropriate Federal, State, and local agencies.
344

•S 1059 EAH

1 ‘‘(3) The pilot test shall be completed not later than

2 one month after the date of the enactment of the National

3 Defense Authorization Act for Fiscal Year 2000.’’.

4 TITLE XI—DEPARTMENT OF

5 DEFENSE CIVILIAN PERSONNEL

6 SEC. 1101. INCREASE OF PAY CAP FOR NONAPPROPRIATED

7 FUND SENIOR EXECUTIVE EMPLOYEES.

8 Section 5373 of title 5, United States Code, is

9 amended—

10 (1) in the first sentence, by striking ‘‘Except as

11 provided’’ and inserting ‘‘(a) Except as provided in

12 subsection (b) and’’; and

13 (2) by adding at the end the following new sub14 section:

15 ‘‘(b) Subsection (a) shall not affect the authority of the

16 Secretary of Defense or the Secretary of a military depart17 ment to fix the pay of a civilian employee paid from non18 appropriated funds, except that the annual rate of basic

19 pay (including any portion of such pay attributable to com20 parability with private-sector pay in a locality) of such an

21 employee may not be fixed at a rate greater than the rate

22 for level III of the Executive Schedule.’’.
345

•S 1059 EAH

1 SEC. 1102. RESTORATION OF LEAVE FOR CERTAIN DEPART2 MENT OF DEFENSE EMPLOYEES WHO DEPLOY

3 TO A COMBAT ZONE OUTSIDE THE UNITED

4 STATES.

5 Section 6304(d) of title 5, United States Code, is

6 amended by adding at the end the following new paragraph:

7 ‘‘(4)(A) For purposes of this subsection, the deployment

8 of an emergency essential employee of the Department of

9 Defense to a combat zone outside the United States shall

10 be deemed an exigency of the public business, and any leave

11 that is lost by an employee as a result of such deployment

12 (regardless of whether such leave was scheduled) shall be—

13 ‘‘(i) restored to the employee; and

14 ‘‘(ii) credited and available in accordance with

15 paragraph (2).

16 ‘‘(B) For purposes of this paragraph, the term ‘Depart17 ment of Defense emergency essential employee’—

18 ‘‘(i) means a civilian employee of the Depart19 ment of Defense, including a nonappropriated fund

20 instrumentality employee (as defined by section

21 1587(a)(1) of title 10) whose assigned duties and re22 sponsibilities would be necessary during a period that

23 follows the evacuation of nonessential personnel dur24 ing a declared emergency or the outbreak of combat

25 operations or war; and
346

•S 1059 EAH

1 ‘‘(ii) includes an employee who is hired on a

2 temporary or permanent basis.’’.

3 SEC. 1103. EXPANSION OF GUARD-AND-RESERVE PURPOSES

4 FOR WHICH LEAVE UNDER SECTION 6323 OF

5 TITLE 5, UNITED STATES CODE, MAY BE USED.

6 (a) IN GENERAL.—Section 6323 of title 5, United

7 States Code, is amended in the first sentence by inserting

8 ‘‘, inactive-duty training (as defined in section 101 of title

9 37),’’ after ‘‘active duty’’.

10 (b) APPLICABILITY.—The amendment made by sub11 section (a) shall not apply with respect to any inactive12 duty training (as defined in such amendment) occurring

13 before the date of the enactment of this Act.

14 SEC 1104. TEMPORARY AUTHORITY TO PROVIDE EARLY RE15 TIREMENT AND SEPARATION INCENTIVES

16 FOR CERTAIN CIVILIAN EMPLOYEES.

17 (a) EARLY RETIREMENT INCENTIVE.—(1) An em18 ployee of the Department of Defense is entitled to an annu19 ity under chapter 83 or 84 of title 5, United States Code,

20 as applicable, if the employee—

21 (A) has been employed continuously by the De22 partment of Defense for more than 30 days before the

23 date that the Secretary of Defense made the deter24 mination under subparagraph (D);
347

•S 1059 EAH

1 (B) is serving under an appointment that is not

2 time-limited;

3 (C) is not in receipt of a decision notice of invol4 untary separation for misconduct or unacceptable

5 performance;

6 (D) is separated voluntarily;

7 (E) has completed 25 years of service or is at

8 least 50 years of age and has completed 20 years of

9 service; and

10 (F) retires under this subsection before October 1,

11 2000.

12 (2) As used in this subsection, the terms ‘‘employee’’

13 and ‘‘annuity’’ shall have the same meaning as the meaning

14 of those terms as used in chapters 83 and 84 of title 5,

15 United States Code, as applicable.

16 (b) VOLUNTARY SEPARATION INCENTIVE.—(1) The

17 Secretary of Defense may, to restructure the workforce to

18 meet mission needs, correct skill imbalances, or reduce high19 grade, managerial, or supervisory positions, offer separa20 tion pay to an employee under this subsection subject to

21 such limitations or conditions as the Secretary may require.

22 Such separation pay—

23 (A) shall be paid, at the option of the employee,

24 in a lump sum or equal installment payments;

25 (B) shall be equal to the lesser of—
348

•S 1059 EAH

1 (i) an amount equal to the amount the em2 ployee would be entitled to receive under section

3 5595(c) of title 5, United States Code, if the em4 ployee were entitled to payment under such sec5 tion; or

6 (ii) $25,000;

7 (C) shall not be a basis for payment, and shall

8 not be included in the computation, of any other type

9 of Government benefit;

10 (D) shall not be taken into account for purposes

11 of determining the amount of any severance pay to

12 which an individual may be entitled under section

13 5595 of title 5, United States Code, based on any

14 other separation; and

15 (E) shall terminate, upon reemployment in the

16 Federal Government, during receipt of installment

17 payments.

18 (2) For purposes of this subsection, the term ‘‘em19 ployee’’ means an employee serving under an appointment

20 without time limitation, who has been currently employed

21 for a continuous period of at least 12 months, except that

22 such term does not include—

23 (A) a reemployed annuitant under sub24 chapter III of chapter 83, chapter 84, or another
349

•S 1059 EAH

1 retirement system for employees of the Govern2 ment; or

3 (B) an employee having a disability on the

4 basis of which such employee is or would be eli5 gible for disability retirement under any of the

6 retirement systems referred to in subparagraph

7 (A).

8 (c) ADDITIONAL CONTRIBUTIONS TO RETIREMENT

9 FUND.—(1) In addition to any other payments which it

10 is required to make under subchapter III of chapter 83 of

11 title 5, United States Code, the Department of Defense shall

12 remit to the Office of Personnel Management for deposit in

13 the Treasury of the United States to the credit of the Civil

14 Service Retirement and Disability Fund an amount equal

15 to 26 percent of the final basic pay of each employee of

16 the Department of Defense who is covered under subchapter

17 III of chapter 83 or chapter 84 of title 5, United States

18 Code, to whom a voluntary separation incentive has been

19 paid under this section.

20 (2) For purposes of this subsection, the term ‘‘final

21 basic pay’’, with respect to an employee, means the total

22 amount of basic pay which would be payable for a year

23 of service by such employee, computed using the employee’s

24 final rate of basic pay, with appropriate adjustments if the

25 employee last served on other than a full-time basis.
350

•S 1059 EAH

1 (d) APPLICABILITY.—The provisions in this section

2 shall only apply with respect to a civilian employee of the

3 Department of Defense who—

4 (1) is employed at the military base designated

5 by the Secretary of Defense under subsection (e), or

6 who is identified by the Secretary as part of a com7 petitive area of the civilian personnel service popu8 lation of such military base, during the period begin9 ning on October 1, 1999, and ending on October 1,

10 2000;

11 (2) is one of 300 employees designated by the

12 Secretary of the military department with jurisdic13 tion over the designated base; and

14 (3) elects to receive an annuity or separation in15 centive pursuant to such provisions during such pe16 riod.

17 (e) DESIGNATION OF MILITARY BASE.—Not later than

18 30 days after the date of the enactment of this Act, the Sec19 retary of Defense shall designate a military base to which

20 the provisions of this section shall apply. The base des21 ignated by the Secretary shall—

22 (1) be a base that is undergoing a major work23 force restructuring to meet mission needs, correct skill

24 imbalances, or reduce high-grade, managerial, super25 visory, or similar positions; and
351

•S 1059 EAH

1 (2) employ the largest number of scientists and

2 engineers of any other base of the military depart3 ment that has jurisdiction over the base.

4 SEC. 1105. EXTENSION OF AUTHORITY TO CONTINUE

5 HEALTH INSURANCE COVERAGE FOR CER6 TAIN DEPARTMENT OF DEFENSE EMPLOYEES.

7 (a) EXTENSION OF AUTHORITY.—Clauses (i) and (ii)

8 of section 8905a(d)(4)(B) of title 5, United States Code, are

9 amended to read as follows:

10 ‘‘(i) October 1, 2003; or

11 ‘‘(ii) February 1, 2004, if specific notice of such

12 separation was given to such individual before Octo13 ber 1, 2003.’’.

14 (b) OFFSET.—Of the amount authorized to be appro15 priated in section 301(5) for Defense-wide activities—

16 (1) $9,100,000 shall be available to continue

17 health insurance coverage pursuant to the authority

18 provided in section 8905a(d)(4)(B) of title 5, United

19 States Code (as amended by subsection (a)); and

20 (2) the amount available for the Defense Con21 tract Audit Agency shall be reduced by $9,100,000.
352

•S 1059 EAH

1 TITLE XII—MATTERS RELATING

2 TO OTHER NATIONS

3 SEC. 1201. REPORT ON STRATEGIC STABILITY UNDER

4 START III.

5 (a) REPORT.—Not later than September 1, 2000, the

6 Secretary of Defense shall submit to the Committee on

7 Armed Services of the Senate and the Committee on Armed

8 Service of the House of Representatives a report, to be pre9 pared by the Defense Science Board in consultation with

10 the Director of Central Intelligence, on the strategic sta11 bility of the future nuclear balance between (1) the United

12 States, and (2) Russia and other potential nuclear adver13 saries.

14 (b) MATTERS TO BE INCLUDED.—The Secretary shall

15 include in the report the following:

16 (1) The policy guidance defining the military17 political objectives of the United States against poten18 tial nuclear adversaries under various nuclear con19 flict scenarios.

20 (2) The target sets and damage goals of the

21 United States against potential nuclear adversaries

22 under various nuclear conflict scenarios and how

23 those target sets and damage goals relate to the

24 achievement of the military-political objectives identi25 fied under paragraph (1).
353

•S 1059 EAH

1 (3) The strategic nuclear force posture of the

2 United States and of Russia that may emerge under

3 a further Strategic Arms Reduction Treaty (referred

4 to as ‘‘START III’’) and how capable the United

5 States forces envisioned under that posture would be

6 for the achievement of the damage goals and the mili7 tary objectives against potential nuclear adversaries

8 referred to in paragraphs (1) and (2).

9 (4) The Secretary’s assessment of (A) whether

10 Russian strategic forces under a START III treaty

11 would, or would not, likely be smaller, more vulner12 able, and less capable of launch-on-tactical-warning

13 than at present, and (B) in light of such assessment,

14 whether incentives for Russia to carry out a first

15 strike against the United States during a future crisis

16 probably would, or would not, be greater than at

17 present under a START III treaty.

18 (5) The Secretary’s assessment of (A) whether

19 China and so-called nuclear rogue states probably

20 will, or will not, remain incapable in the foreseeable

21 future of carrying out a launch-on-tactical-warning

22 and be more vulnerable to United States conventional

23 or nuclear attack than at present, and (B) in light

24 of such assessment, whether incentives for China and

25 nuclear rogue states to carry out a first strike against
354

•S 1059 EAH

1 the United States during a future crisis probably

2 would, or would not, be greater than at present.

3 (6) The Secretary’s assessment of whether

4 asymmetries between the United States and Russia

5 that are favorable to Russia in active and passive de6 fenses may be a significant strategic advantage to

7 Russia under a START III treaty.

8 (7) The Secretary’s assessment of whether

9 asymmetries between the United States and Russia

10 that are highly favorable to Russia in tactical nuclear

11 weapons might erode strategic stability.

12 (8) The Secretary’s assessment of whether a com13 bination of Russia and China against the United

14 States in a nuclear conflict could erode strategic sta15 bility under a START III treaty.

16 (9) The Secretary’s assessment of whether doc17 trinal asymmetries between the United States and

18 Russia, such as the expansion by Russia of the

19 warfighting role of nuclear weapons while the United

20 States is de-emphasizing the utility and purpose of

21 nuclear weapons, could erode strategic stability.

22 (c) CLASSIFICATION.—The report shall be submitted in

23 classified form and, to the extent possible, in unclassified

24 form.
355

•S 1059 EAH

1 SEC. 1202. ONE-YEAR EXTENSION OF

2 COUNTERPROLIFERATION AUTHORITIES FOR

3 SUPPORT OF UNITED NATIONS WEAPONS IN4 SPECTION REGIME IN IRAQ.

5 Effective October 1, 1999, section 1505(f) of the Weap6 ons of Mass Destruction Control Act of 1992 (22 U.S.C.

7 5859a(f)) is amended by striking ‘‘1999’’ and inserting

8 ‘‘2000’’.

9 SEC. 1203. LIMITATION ON MILITARY-TO-MILITARY EX10 CHANGES WITH CHINA’S PEOPLE’S LIBERA11 TION ARMY.

12 (a) LIMITATION.—The Secretary of Defense may not

13 authorize any military-to-military exchange or contact de14 scribed in subsection (b) to be conducted by the Armed

15 Forces with representatives of the People’s Liberation Army

16 of the People’s Republic of China.

17 (b) COVERED EXCHANGES AND CONTACTS.—Sub18 section (a) applies to any military-to-military exchange or

19 contact that includes any of the following:

20 (1) Force projection operations.

21 (2) Nuclear operations.

22 (3) Field operations.

23 (4) Logistics.

24 (5) Chemical and biological defense and other ca25 pabilities related to weapons of mass destruction.

26 (6) Surveillance, and reconnaissance operations.
356

•S 1059 EAH

1 (7) Joint warfighting experiments and other ac2 tivities related to warfare.

3 (8) Military space operations.

4 (9) Other warfighting capabilities of the Armed

5 Forces.

6 (10) Arms sales or military-related technology

7 transfers.

8 (11) Release of classified or restricted informa9 tion.

10 (12) Access to a Department of Defense labora11 tory.

12 (c) EXCEPTIONS.—Subsection (a) does not apply to

13 any search and rescue exercise or any humanitarian exer14 cise.

15 (d) CERTIFICATION BY SECRETARY.—The Secretary of

16 Defense shall submit to the Committee on Armed Services

17 of the Senate and the Committee on Armed Service of the

18 House of Representatives, not later than December 31 of

19 each year, a certification in writing as to whether or not

20 any military-to-miltary exchange or contact during that

21 calandar year was conducted in violation of subsection (a).

22 (e) ANNUAL REPORT.—Not later than June 1 each

23 year, the Secretary of Defense shall submit to the Committee

24 on Armed Services of the Senate and the Committee on

25 Armed Service of the House of Representatives a report pro-
357

•S 1059 EAH

1 viding the Secretary’s assessment of the current state of

2 military-to-military contacts with the People’s Liberation

3 Army. The report shall include the following:

4 (1) A summary of all such military-to-military

5 contacts during the period since the last such report,

6 including a summary of topics discussed and ques7 tions asked by the Chinese participants in those con8 tacts.

9 (2) A description of the military-to-military con10 tacts scheduled for the next 12-month period and a

11 five-year plan for those contacts.

12 (3) The Secretary’s assessment of the benefits the

13 Chinese expect to gain from those military-to-military

14 contacts.

15 (4) The Secretary’s assessment of the benefits the

16 Department of Defense expects to gain from those

17 military-to-military contacts.

18 (5) The Secretary’s assessment of how military19 to-military contacts with the People’s Liberation

20 Army fit into the larger security relationship between

21 United States and the People’s Republic of China.

22 SEC. 1204. REPORT ON ALLIED CAPABILITIES TO CON23 TRIBUTE TO MAJOR THEATER WARS.

24 (a) REPORT.—The Secretary of Defense shall prepare

25 a report, in both classified and unclassified form, on the
358

•S 1059 EAH

1 current military capabilities of allied nations to contribute

2 to the successful conduct of the major theater wars as antici3 pated in the Quadrennial Defense Review of 1997.

4 (b) MATTERS TO BE INCLUDED.—The report shall set

5 forth the following:

6 (1) The identity, size, structure, and capabilities

7 of the armed forces of the allies expected to participate

8 in the major theater wars anticipated in the Quad9 rennial Defense Review.

10 (2) The priority accorded in the national mili11 tary strategies and defense programs of the antici12 pated allies to contributing forces to United States-led

13 coalitions in such major theater wars.

14 (3) The missions currently being conducted by

15 the armed forces of the anticipated allies and the abil16 ity of the allied armed forces to conduct simulta17 neously their current missions and those anticipated

18 in the event of major theater war.

19 (4) Any Department of Defense assumptions

20 about the ability of allied armed forces to deploy or

21 redeploy from their current missions in the event of

22 a major theater war, including any role United

23 States Armed Forces would play in assisting and sus24 taining such a deployment or redeployment.
359

•S 1059 EAH

1 (5) Any Department of Defense assumptions

2 about the combat missions to be executed by such al3 lied forces in the event of major theater war.

4 (6) The readiness of allied armed forces to exe5 cute any such missions.

6 (7) Any risks to the successful execution of the

7 military missions called for under the National Mili8 tary Strategy of the United States related to the ca9 pabilities of allied armed forces.

10 (c) SUBMISSION OF REPORT.—The report shall be sub11 mitted to Congress not later than June 1, 2000.

12 SEC. 1205. LIMITATION ON FUNDS FOR BOSNIA PEACE13 KEEPING OPERATIONS FOR FISCAL YEAR

14 2000.

15 (a) LIMITATION.—(1) Of the amounts authorized to be

16 appropriated by section 301(24) of this Act for the Overseas

17 Contingency Operations Transfer Fund, no more than

18 $1,824,400,000 may be obligated for incremental costs of

19 the Armed Forces for Bosnia peacekeeping operations.

20 (2) The President may waive the limitation in para21 graph (1) after submitting to Congress the following:

22 (A) The President’s written certification that the

23 waiver is necessary in the national security interests

24 of the United States.
360

•S 1059 EAH

1 (B) The President’s written certification that ex2 ercising the waiver will not adversely affect the readi3 ness of United States military forces.

4 (C) A report setting forth the following:

5 (i) The reasons that the waiver is necessary

6 in the national security interests of the United

7 States.

8 (ii) The specific reasons that additional

9 funding is required for the continued presence of

10 United States military forces participating in,

11 or supporting, Bosnia peacekeeping operations

12 for fiscal year 2000.

13 (iii) A discussion of the impact on the mili14 tary readiness of United States Armed Forces of

15 the continuing deployment of United States mili16 tary forces participating in, or supporting, Bos17 nia peacekeeping operations.

18 (D) A supplemental appropriations request for

19 the Department of Defense for such amounts as are

20 necessary for the additional fiscal year 2000 costs as21 sociated with United States military forces partici22 pating in, or supporting, Bosnia peacekeeping oper23 ations.

24 (b) BOSNIA PEACEKEEPING OPERATIONS DEFINED.—

25 For the purposes of this section, the term ‘‘Bosnia peace-
361

•S 1059 EAH

1 keeping operations’’ has the meaning given such term in

2 section 1204(e) of the Strom Thurmond National Defense

3 Authorization Act for Fiscal Year 1999 (Public Law 105–

4 261; 112 Stat. 2112).

5 SEC. 1206. LIMITATION ON DEPLOYMENT OF UNITED

6 STATES ARMED FORCES IN HAITI.

7 (a) LIMITATION ON DEPLOYMENT.—Except as pro8 vided in subsection (b), no funds available to the Depart9 ment of Defense may be expended for the deployment of

10 United States Armed Forces in Haiti.

11 (b) EXCEPTIONS.—Subsection (a) does not apply to the

12 deployment of United States Armed Forces in Haiti for any

13 of the following purposes:

14 (1) Deployment pursuant to Operation Uphold

15 Democracy until December 31, 1999.

16 (2) Deployment for periodic, noncontinuous the17 ater engagement activities on or after January 1,

18 2000.

19 (3) Deployment for a limited, customary pres20 ence necessary to ensure the security of United States

21 diplomatic facilities in Haiti and to carry out defense

22 liaison activities under the auspices of the United

23 States embassy.

24 (c) REPORT REQUIREMENT.—Whenever there is a de25 ployment of United States Armed Forces described in sub-
362

•S 1059 EAH

1 section (b)(2), the President shall, not later than 48 hours

2 after the deployment, transmit a written report regarding

3 the deployment to the Committee on Armed Services and

4 the Committee on International Relations of the House of

5 Representatives and the Committee on Armed Services and

6 the Committee on Foreign Relations of the Senate.

7 (d) RULE OF CONSTRUCTION.—Nothing in this section

8 shall be construed to restrict in any way the authority of

9 the President in emergency circumstances to protect the

10 lives of United States citizens or to protect United States

11 facilities or property in Haiti.

12 SEC. 1207. GOALS FOR THE CONFLICT WITH THE FEDERAL

13 REPUBLIC OF YUGOSLAVIA.

14 (a) FINDING.—Article I, section 8 of the United States

15 Constitution provides that: ‘‘The Congress shall have Power

16 To . . . provide for the common Defence . . . To declare

17 War. . . To raise and support Armies . . . To provide and

18 maintain a Navy . . . To make Rules for the Government

19 and Regulation of the land and naval Forces . . .’’.

20 (b) GOALS FOR THE CONFLICT WITH YUGOSLAVIA.—

21 Congress declares the following to be the goals of the United

22 States for the conflict with the Federal Republic of Yugo23 slavia:

24 (1) Cessation by the Federal Republic of Yugo25 slavia of all military action against the people of
363

•S 1059 EAH

1 Kosovo and termination of the violence and repression

2 against the people of Kosovo.

3 (2) Withdrawal of all military, police, and para4 military forces of the Federal Republic of Yugoslavia

5 from Kosovo.

6 (3) Agreement by the Government of the Federal

7 Republic of Yugoslavia to the stationing of an inter8 national military presence in Kosovo to ensure the

9 peace.

10 (4) Agreement by the Government of the Federal

11 Republic of Yugoslavia to the unconditional and safe

12 return to Kosovo of all refugees and displaced persons.

13 (5) Agreement by the Government of the Federal

14 Republic of Yugoslavia to allow humanitarian aid or15 ganizations to have unhindered access to these refu16 gees and displaced persons.

17 (6) Agreement by the Government of the Federal

18 Republic of Yugoslavia to work for the establishment

19 of a political framework agreement for Kosovo which

20 is in conformity with international law.

21 (7) President Slobodan Milosevic will be held ac22 countable for his actions while President of the Fed23 eral Republic of Yugoslavia in initiating four armed

24 conflicts and taking actions leading to the deaths of

25 tens of thousands of people and responsibility for
364

•S 1059 EAH

1 murder, rape, terrorism, destruction, and ethnic

2 cleansing.

3 (8) Bringing to justice through the International

4 Criminal Tribunal of Yugoslavia individuals in the

5 Federal Republic of Yugoslavia who are guilty of war

6 crimes in Kosovo.

7 SEC. 1208. REPORT ON THE SECURITY SITUATION ON THE

8 KOREAN PENINSULA.

9 (a) REPORT.—Not later than February 1, 2000, the

10 Secretary of Defense shall submit to the appropriate con11 gressional committees a report on the security situation on

12 the Korean peninsula. The report shall be submitted in both

13 classified and unclassified form.

14 (b) MATTERS TO BE INCLUDED.—The Secretary shall

15 include in the report under subsection (a) the following:

16 (1) A net assessment analysis of the warfighting

17 capabilities of the Combined Forces Command (CFC)

18 of the United States and the Republic of Korea com19 pared with the armed forces of North Korea.

20 (2) An assessment of challenges posed by the

21 armed forces of North Korea to the defense of the Re22 public of Korea and to United States forces deployed

23 to the region.

24 (3) An assessment of the current status and the

25 future direction of weapons of mass destruction pro-
365

•S 1059 EAH

1 grams and ballistic missile programs of North Korea,

2 including a determination as to whether or not North

3 Korea—

4 (A) is continuing to pursue a nuclear weap5 ons program;

6 (B) is seeking equipment and technology

7 with which to enrich uranium; and

8 (C) is pursuing an offensive biological

9 weapons program.

10 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In

11 this section, the term ‘‘appropriate congressional commit12 tees’’ means—

13 (1) the Committee on International Relations

14 and the Committee on Armed Services of the House

15 of Representatives; and

16 (2) the Committee on Foreign Relations and the

17 Committee on Armed Services of the Senate.

18 SEC. 1209. ANNUAL REPORT ON MILITARY POWER OF THE

19 PEOPLE’S REPUBLIC OF CHINA.

20 (a) ANNUAL REPORT.—The Secretary of Defense shall

21 prepare an annual report, in both classified and unclassi22 fied form, on the current and future military strategy and

23 capabilities of the People’s Republic of China. The report

24 shall address the current and probable future course of mili25 tary-technological development in the People’s Liberation
366

•S 1059 EAH

1 Army and the tenets and probable development of Chinese

2 grand strategy, security strategy, and military strategy,

3 and of military organizations and operational concepts,

4 through 2020.

5 (b) MATTERS TO BE INCLUDED.—The report shall in6 clude analyses and forecasts of the following:

7 (1) The goals of Chinese grand strategy, security

8 strategy, and military strategy.

9 (2) Trends in Chinese political grand strategy

10 meant to establish the People’s Republic of China as

11 the leading political power in the Asia-Pacific region

12 and as a political and military presence in other re13 gions of the world.

14 (3) The size, location, and capabilities of Chinese

15 strategic, land, sea, and air forces.

16 (4) Developments in Chinese military doctrine,

17 focusing on (but not limited to) efforts to exploit a

18 transformation in military affairs or to conduct pre19 emptive strikes.

20 (5) Efforts, including technology transfers and

21 espionage, by the People’s Republic of China to de22 velop, acquire, or gain access to information, commu23 nication, space, and other advanced technologies that

24 would enhance military capabilities.
367

•S 1059 EAH

1 (c) SUBMISSION OF REPORT.—The report under this

2 section shall be submitted to Congress not later than March

3 15 each year.

4 TITLE XIII—COOPERATIVE

5 THREAT REDUCTION WITH

6 STATES OF THE FORMER SO7 VIET UNION

8 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE9 DUCTION PROGRAMS AND FUNDS.

10 (a) SPECIFICATION OF CTR PROGRAMS.—For pur11 poses of section 301 and other provisions of this Act, Coop12 erative Threat Reduction programs are the programs speci13 fied in section 1501(b) of the National Defense Authoriza14 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

15 Stat. 2731; 50 U.S.C. 2362 note).

16 (b) FISCAL YEAR 2000 COOPERATIVE THREAT REDUC17 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis18 cal year 2000 Cooperative Threat Reduction funds’’ means

19 the funds appropriated pursuant to the authorization of ap20 propriations in section 301 for Cooperative Threat Reduc21 tion programs.

22 (c) AVAILABILITY OF FUNDS.—Funds appropriated

23 pursuant to the authorization of appropriations in section

24 301, and any other funds appropriated after the date of

25 the enactment of this Act, for Cooperative Threat Reduction
368

•S 1059 EAH

1 programs shall be available for obligation for three fiscal

2 years.

3 SEC. 1302. FUNDING ALLOCATIONS.

4 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

5 $444,100,000 authorized to be appropriated to the Depart6 ment of Defense for fiscal year 2000 in section 301(23) for

7 Cooperative Threat Reduction programs, not more than the

8 following amounts may be obligated for the purposes speci9 fied:

10 (1) For strategic offensive arms elimination in

11 Russia, $177,300,000.

12 (2) For strategic nuclear arms elimination in

13 Ukraine, $43,000,000.

14 (3) For activities to support warhead dismantle15 ment processing in Russia, $9,300,000.

16 (4) For security enhancements at chemical weap17 ons storage sites in Russia, $24,600,000.

18 (5) For weapons transportation security in Rus19 sia, $15,200,000.

20 (6) For planning, design, and construction of a

21 storage facility for Russian fissile material,

22 $60,900,000.

23 (7) For weapons storage security in Russia,

24 $90,000,000.
369

•S 1059 EAH

1 (8) For development of a cooperative program

2 with the Government of Russia to eliminate the pro3 duction of weapons grade plutonium at Russian reac4 tors, $20,000,000.

5 (9) For biological weapons proliferation preven6 tion activities in Russia, $2,000,000.

7 (10) For activities designated as Other Assess8 ments/Administrative Support, $1,800,000.

9 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

10 FUNDS FOR OTHER PURPOSES.—No fiscal year 2000 Coop11 erative Threat Reduction funds may be obligated or ex12 pended for a purpose other than a purpose listed in para13 graphs (1) through (10) of subsection (a) until 30 days after

14 the date that the Secretary of Defense submits to Congress

15 a report on the purpose for which the funds will be obligated

16 or expended and the amount of funds to be obligated or ex17 pended. Nothing in the preceding sentence shall be construed

18 as authorizing the obligation or expenditure of fiscal year

19 2000 Cooperative Threat Reduction funds for a purpose for

20 which the obligation or expenditure of such funds is specifi21 cally prohibited under this title.

22 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

23 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

24 case in which the Secretary of Defense determines that it

25 is necessary to do so in the national interest, the Secretary
370

•S 1059 EAH

1 may obligate amounts appropriated for fiscal year 2000 or

2 any subsequent fiscal year for a purpose listed in any of

3 the paragraphs in subsection (a) in excess of the amount

4 specifically authorized for such purpose. However, the total

5 amount obligated for Cooperative Threat Reduction pro6 grams for such fiscal year may not, by reason of the use

7 of the authority provided in the preceding sentence, exceed

8 the total amount authorized for such programs for such fis9 cal year.

10 (2) An obligation of funds for a purpose stated in any

11 of the paragraphs in subsection (a) in excess of the specific

12 amount authorized for such purpose may be made using

13 the authority provided in paragraph (1) only after—

14 (A) the Secretary submits to Congress notifica15 tion of the intent to do so together with a complete

16 discussion of the justification for doing so; and

17 (B) 15 days have elapsed following the date of

18 the notification.

19 (3) The Secretary may not, under the authority pro20 vided in paragraph (1), obligate amounts for the purposes

21 stated in any of paragraphs (3) through (10) of subsection

22 (a) in excess of 115 percent of the amount specifically au23 thorized for such purposes.
371

•S 1059 EAH

1 SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED

2 PURPOSES.

3 (a) IN GENERAL.—No fiscal year 2000 Cooperative

4 Threat Reduction funds, and no funds appropriated for Co5 operative Threat Reduction programs after the date of the

6 enactment of this Act, may be obligated or expended for any

7 of the following purposes:

8 (1) Conducting with Russia any peacekeeping

9 exercise or other peacekeeping-related activity.

10 (2) Provision of housing.

11 (3) Provision of assistance to promote environ12 mental restoration.

13 (4) Provision of assistance to promote job re14 training.

15 (b) LIMITATION WITH RESPECT TO DEFENSE CONVER16 SION ASSISTANCE.—None of the funds appropriated pursu17 ant to this Act, and no funds appropriated to the Depart18 ment of Defense in any other Act enacted after the date of

19 the enactment of this Act, may be obligated or expended

20 for the provision of assistance to Russia or any other state

21 of the former Soviet Union to promote defense conversion.

22 (c) LIMITATION WITH RESPECT TO CONVENTIONAL

23 WEAPONS.—No fiscal year 2000 Cooperative Threat Reduc24 tion funds, and no funds appropriated for Cooperative

25 Threat Reduction programs after the date of the enactment

26 of this Act, may be obligated or expended for elimination
372

•S 1059 EAH

1 of conventional weapons or the delivery vehicles of such

2 weapons.

3 SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE

4 MATERIAL STORAGE FACILITY.

5 (a) LIMITATIONS ON USE OF FISCAL YEAR 2000

6 FUNDS.—No fiscal year 2000 Cooperative Threat Reduction

7 funds may be used—

8 (1) for construction of a second wing for the stor9 age facility for Russian fissile material referred to in

10 section 1302(6); or

11 (2) for design or planning with respect to such

12 facility until 15 days after the date that the Secretary

13 of Defense submits to Congress notification that Rus14 sia and the United States have signed a written

15 transparency agreement that provides that the United

16 States may verify that material stored at the facility

17 is of weapons origin.

18 (b) LIMITATION ON CONSTRUCTION.—No funds appro19 priated for Cooperative Threat Reduction programs may be

20 used for construction of the storage facility referred to in

21 subsection (a) until the Secretary of Defense submits to

22 Congress the following:

23 (1) A certification that additional capacity is

24 necessary at such facility for storage of Russian

25 weapons-origin fissile material.
373

•S 1059 EAH

1 (2) A detailed cost estimate for a second wing for

2 the facility.

3 SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL

4 WEAPONS DESTRUCTION.

5 No fiscal year 2000 Cooperative Threat Reduction

6 funds, and no funds appropriated for Cooperative Threat

7 Reduction programs after the date of the enactment of this

8 Act, may be obligated or expended for planning, design, or

9 construction of a chemical weapons destruction facility in

10 Russia.

11 SEC. 1306. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL

12 WEAPONS PROLIFERATION PREVENTION AC13 TIVITIES.

14 No fiscal year 2000 Cooperative Threat Reduction

15 funds may be obligated or expended for biological weapons

16 proliferation prevention activities in Russia until the Sec17 retary of Defense submits to the congressional defense com18 mittees the reports described in sections 1305 and 1308 of

19 the Strom Thurmond National Defense Authorization Act

20 for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2164,

21 2166).
374

•S 1059 EAH

1 SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMIS2 SION OF REPORT AND MULTIYEAR PLAN.

3 No fiscal year 2000 Cooperative Threat Reduction

4 funds may be obligated or expended until the Secretary of

5 Defense submits to Congress—

6 (1) a report describing—

7 (A) with respect to each purpose listed in

8 section 1302, whether the Department of Defense

9 is the appropriate executive agency to carry out

10 Cooperative Threat Reduction programs for such

11 purpose, and if so, why; and

12 (B) for any purpose that the Secretary de13 termines is not appropriately carried out by the

14 Department of Defense, a plan for migrating re15 sponsibility for carrying out such purpose to the

16 appropriate agency; and

17 (2) an updated version of the multiyear plan for

18 fiscal year 2000 required to be submitted under sec19 tion 1205 of the National Defense Authorization Act

20 for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

21 2883).

22 SEC. 1308. REQUIREMENT TO SUBMIT REPORT.

23 Not later than December 31, 1999, the Secretary of De24 fense shall submit to Congress a report including—

25 (1) an explanation of the strategy of the Depart26 ment of Defense for encouraging states of the former
375

•S 1059 EAH

1 Soviet Union that receive funds through Cooperative

2 Threat Reduction programs to contribute financially

3 to the threat reduction effort;

4 (2) a prioritization of the projects carried out by

5 the Department of Defense under Cooperative Threat

6 Reduction programs; and

7 (3) an identification of any limitations that the

8 United States has imposed or will seek to impose, ei9 ther unilaterally or through negotiations with recipi10 ent states, on the level of assistance provided by the

11 United States for each of such projects.

12 SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INI13 TIATIVE.

14 Not later than December 31, 1999, the President shall

15 submit to Congress a report on the Expanded Threat Reduc16 tion Initiative. Such report shall include a description of

17 the plans for ensuring effective coordination between execu18 tive agencies in carrying out the Expanded Threat Reduc19 tion Initiative to minimize duplication of efforts.
376

•S 1059 EAH

1 TITLE XIV—PROLIFERATION

2 AND EXPORT CONTROL MAT3 TERS

4 SEC. 1401. REPORT ON COMPLIANCE BY THE PEOPLE’S RE5 PUBLIC OF CHINA AND OTHER COUNTRIES

6 WITH THE MISSILE TECHNOLOGY CONTROL

7 REGIME.

8 (a) REPORT REQUIRED.—Not later than October 31,

9 1999, the President shall transmit to Congress a report on

10 the compliance, or lack of compliance (both as to acquiring

11 and transferring missile technology), by the People’s Repub12 lic of China, with the Missile Technology Control Regime,

13 and on any actual or suspected transfer by Russia or any

14 other country of missile technology to the People’s Republic

15 of China in violation of the Missile Technology Control Re16 gime. The report shall include a list specifying each actual

17 or suspected violation of the Missile Technology Control Re18 gime by the People’s Republic of China, Russia, or other

19 country and, for each such violation, a description of the

20 remedial action (if any) taken by the United States or any

21 other country.

22 (b) MATTERS TO BE INCLUDED.—The report under

23 subsection (a) shall also include information concerning—

24 (1) actual or suspected use by the People’s Re25 public of China of United States missile technology;
377

•S 1059 EAH

1 (2) actual or suspected missile proliferation ac2 tivities by the People’s Republic of China;

3 (3) actual or suspected transfer of missile tech4 nology by Russia or other countries to the People’s

5 Republic of China: and

6 (4) United States actions to enforce the Missile

7 Technology Control Regime with respect to the Peo8 ple’s Republic of China, including actions to prevent

9 the transfer of missile technology from Russia and

10 other countries to the People’s Republic of China.

11 SEC. 1402. ANNUAL REPORT ON TECHNOLOGY TRANSFERS

12 TO THE PEOPLE’S REPUBLIC OF CHINA.

13 (a) ANNUAL REPORT.—The President shall transmit

14 to Congress an annual report on transfers to the People’s

15 Republic of China by the United States and other countries

16 of technology with potential military applications, during

17 the 1-year period preceding the transmittal of the report.

18 (b) INITIAL REPORT.—The initial report under this

19 section shall be transmitted not later than October 31, 1999.

20 SEC. 1403. REPORT ON IMPLEMENTATION OF TRANSFER OF

21 SATELLITE EXPORT CONTROL AUTHORITY.

22 Not later than August 31, 1999, the President shall

23 transmit to Congress a report on the implementation of sub24 section (a) of section 1513 of the Strom Thurmond National

25 Defense Authorization Act for Fiscal Year 1999 (Public
378

•S 1059 EAH

1 Law 105–261; 112 Stat. 2174; 22 U.S.C. 2778 note), trans2 ferring satellites and related items from the Commerce Con3 trol List of dual-use items to the United States Munitions

4 List. The report shall update the information provided in

5 the report under subsection (d) of that section.

6 SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EX7 PORT LICENSING.

8 (a) SECURITY AT FOREIGN LAUNCHES.—As a condi9 tion of the export license for any satellite to be launched

10 outside the jurisdiction of the United States, the Secretary

11 of State shall require the following:

12 (1) That the technology transfer control plan re13 quired by section 1514(a)(1) of the Strom Thurmond

14 National Defense Authorization Act for Fiscal Year

15 1999 (Public Law 105–261; 112 Stat. 2175; 22

16 U.S.C. 2778 note) be prepared by the Department of

17 Defense, and agreed to by the licensee, and that the

18 plan set forth the security arrangements for the

19 launch of the satellite, both before and during launch

20 operations, and include enhanced security measures if

21 the launch site is within the jurisdiction of the Peo22 ple’s Republic of China or any other country that is

23 subject to section 1514 of the Strom Thurmond Na24 tional Defense Authorization Act for Fiscal Year

25 1999.
379

•S 1059 EAH

1 (2) That each person providing security for the

2 launch of that satellite—

3 (A) be employed by, or under a contract

4 with, the Department of Defense;

5 (B) have received appropriate training in

6 the regulations prescribed by the Secretary of

7 State known as the International Trafficking in

8 Arms Regulations (hereafter in this section re9 ferred to as ‘‘ITAR’’);

10 (C) have significant experience and exper11 tise with satellite launches; and

12 (D) have been investigated in a manner at

13 least as comprehensive as the investigation re14 quired for the issuance of a security clearance at

15 the level designated as ‘‘Secret’’.

16 (3) That the number of such persons providing

17 security for the launch of the satellite shall be suffi18 cient to maintain 24-hour security of the satellite and

19 related launch vehicle and other sensitive technology.

20 (4) That the licensee agree to reimburse the De21 partment of Defense for all costs associated with the

22 provision of security for the launch of the satellite.

23 (b) DEFENSE DEPARTMENT MONITORS.—The Sec24 retary of Defense shall—
380

•S 1059 EAH

1 (1) ensure that persons assigned as space launch

2 campaign monitors are provided sufficient training

3 and have adequate experience in the ITAR and have

4 significant experience and expertise with satellite

5 technology, launch vehicle technology, and launch op6 erations technology;

7 (2) ensure that adequate numbers of such mon8 itors are assigned to space launch campaigns so that

9 24-hour, 7-day per week coverage is provided;

10 (3) take steps to ensure, to the maximum extent

11 possible, the continuity of service by monitors for the

12 entire space launch campaign period (from satellite

13 marketing to launch and, if necessary, completion of

14 a launch failure analysis); and

15 (4) adopt measures designed to make service as

16 a space launch campaign monitor an attractive ca17 reer opportunity.

18 SEC. 1405. REPORTING OF TECHNOLOGY PASSED TO PEO19 PLE’S REPUBLIC OF CHINA AND OF FOREIGN

20 LAUNCH SECURITY VIOLATIONS.

21 (a) MONITORING OF INFORMATION.—The Secretary of

22 Defense shall require that space launch monitors of the De23 partment of Defense assigned to monitor launches in the

24 People’s Republic of China maintain records of all informa25 tion authorized to be transmitted to the People’s Republic
381

•S 1059 EAH

1 of China, including copies of any documents authorized for

2 such transmission, and reports on launch-related activities.

3 (b) TRANSMISSION TO OTHER AGENCIES.—The Sec4 retary of Defense shall ensure that records under subsection

5 (a) are transmitted on a current basis to appropriate ele6 ments of the Department of Defense and to the Department

7 of State, the Department of Commerce, and the Central In8 telligence Agency.

9 (c) RETENTION OF RECORDS.—Records described in

10 subsection (a) shall be retained for at least the period of

11 the statute of limitations for violations of the Arms Export

12 Control Act.

13 (d) GUIDELINES.—The Secretary of Defense shall pre14 scribe guidelines providing space launch monitors of the De15 partment of Defense with the responsibility and the ability

16 to report serious security violations, problems, or other

17 issues at an overseas launch site directly to the headquarters

18 office of the responsible Department of Defense component.

19 SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS

20 OF EXPORTING HIGH-PERFORMANCE COM21 PUTERS TO THE PEOPLE’S REPUBLIC OF

22 CHINA.

23 (a) REVIEW.—The Secretary of Energy, the Secretary

24 of Defense, and the Secretary of State, in consultation with

25 other appropriate departments and agencies, shall conduct
382

•S 1059 EAH

1 a comprehensive review of the national security implica2 tions of exporting high-performance computers to the Peo3 ple’s Republic of China. As part of the review, the Secretary

4 shall conduct empirical testing of the extent to which na5 tional security-related operations can be performed using

6 clustered, massively-parallel processing or other combina7 tions of computers.

8 (b) REPORT.—The Secretary of Energy shall submit

9 to Congress a report on the results of the review under sub10 section (a). The report shall be submitted not later than

11 six months after the date of the enactment of this Act and

12 shall be updated not later than the end of each subsequent

13 1-year period.

14 SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE’S

15 REPUBLIC OF CHINA OF HIGH-PERFORMANCE

16 COMPUTERS.

17 (a) REVISED HPC VERIFICATION SYSTEM.—The

18 President shall seek to enter into an agreement with the

19 People’s Republic of China to revise the existing verification

20 system with the People’s Republic of China with respect to

21 end-use verification for high-performance computers ex22 ported or to be exported to the People’s Republic of China

23 so as to provide for an open and transparent system pro24 viding for effective end-use verification for such computers

25 and, at a minimum, providing for on-site inspection of the
383

•S 1059 EAH

1 end-use and end-user of such computers, without notice, by

2 United States nationals designated by the United States

3 Government. The President shall transmit a copy of the

4 agreement to Congress.

5 (b) DEFINITION.—As used in this section and section

6 1406, the term ‘‘high performance computer’’ means a com7 puter which, by virtue of its composite theoretical perform8 ance level, would be subject to section 1211 of the National

9 Defense Authorization Act for Fiscal Year 1998 (50 U.S.C.

10 App. 2404 note).

11 (c) ADJUSTMENT OF COMPOSITE THEORETICAL PER12 FORMANCE LEVELS FOR POST-SHIPMENT VERIFICATION.—

13 Section 1213 of the National Defense Authorization Act for

14 Fiscal Year 1998 is amended by adding at the end the fol15 lowing:

16 ‘‘(e) ADJUSTMENT OF PERFORMANCE LEVELS.—When17 ever a new composite theoretical performance level is estab18 lished under section 1211(d), that level shall apply for pur19 poses of subsection (a) of this section in lieu of the level

20 set forth in that subsection.’’.

21 SEC. 1408. PROCEDURES FOR REVIEW OF EXPORT OF CON22 TROLLED TECHNOLOGIES AND ITEMS.

23 (a) RECOMMENDATIONS FOR PRIORITIZATION OF NA24 TIONAL SECURITY CONCERNS.—The President shall submit

25 to Congress the President’s recommendations for the estab-
384

•S 1059 EAH

1 lishment of a mechanism to identify, on a continuing basis,

2 those controlled technologies and items the export of which

3 is of greatest national security concern relative to other con4 trolled technologies and items.

5 (b) RECOMMENDATIONS FOR EXECUTIVE DEPARTMENT

6 APPROVALS FOR EXPORTS OF GREATEST NATIONAL SECU7 RITY CONCERN.—With respect to controlled technologies

8 and items identified under subsection (a), the President

9 shall submit to Congress the President’s recommendations

10 for the establishment of a mechanism to identify procedures

11 for export of such technologies and items so as to provide—

12 (1) that the period for review by an executive de13 partment or agency of a license application for any

14 such export shall be extended to a period longer than

15 that otherwise required when such longer period is

16 considered necessary by the head of that department

17 or agency for national security purposes; and

18 (2) that a license for such an export may be ap19 proved only with the agreement of each executive de20 partment or agency that reviewed the application for

21 the license, subject to appeal procedures to be estab22 lished by the President.

23 (c) RECOMMENDATIONS FOR STREAMLINED LICENSING

24 PROCEDURES FOR OTHER EXPORTS.—With respect to con25 trolled technologies and items other than those identified
385

•S 1059 EAH

1 under subsection (a), the President shall submit to Congress

2 the President’s recommendations for modifications to licens3 ing procedures for export of such technologies and items so

4 as to streamline the licensing process and provide greater

5 transparency, predictability, and certainty.

6 SEC. 1409. NOTICE OF FOREIGN ACQUISITION OF UNITED

7 STATES FIRMS IN NATIONAL SECURITY IN8 DUSTRIES.

9 Section 721(b) of the Defense Production Act of 1950

10 (50 U.S.C. 2170(b)) is amended—

11 (1) by inserting ‘‘(1)’’ before ‘‘The President’’;

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

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

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

15 ‘‘(2) Whenever a person engaged in interstate com16 merce in the United States is the subject of a merger, acqui17 sition, or takeover described in paragraph (1), that person

18 shall promptly notify the President, or the President’s des19 ignee, of such planned merger, acquisition, or takeover.

20 Whenever any executive department or agency becomes

21 aware of any such planned merger, acquisition, or takeover,

22 the head of that department or agency shall promptly notify

23 the President, or the President’s designee, of such planned

24 merger, acquisition, or takeover.’’.
386

•S 1059 EAH

1 SEC. 1410. FIVE-AGENCY INSPECTORS GENERAL EXAMINA2 TION OF COUNTERMEASURES AGAINST AC3 QUISITION BY THE PEOPLE’S REPUBLIC OF

4 CHINA OF MILITARILY SENSITIVE TECH5 NOLOGY.

6 Not later than January 1, 2000, the Inspectors General

7 of the Departments of State, Defense, the Treasury, and

8 Commerce and the Inspector General of the Central Intel9 ligence Agency shall submit to Congress a report on the ade10 quacy of current export controls and counterintelligence

11 measures to protect against the acquisition by the People’s

12 Republic of China of militarily sensitive United States tech13 nology. Such report shall include a description of measures

14 taken to address any deficiencies found in such export con15 trols and counterintelligence measures.

16 SEC. 1411. OFFICE OF TECHNOLOGY SECURITY IN DEPART17 MENT OF DEFENSE.

18 (a) ENHANCED MULTILATERAL EXPORT CONTROLS.—

19 (1) NEW INTERNATIONAL CONTROLS.—The Presi20 dent shall work (in the context of the scheduled 1999

21 review of the Wassenaar Arrangement and otherwise)

22 to establish new binding international controls on

23 technology transfers that threaten international peace

24 and United States national security.

25 (2) IMPROVED SHARING OF INFORMATION.—The

26 President shall take appropriate actions (in the con-
387

•S 1059 EAH

1 text of the scheduled 1999 review of the Wassenaar

2 Arrangement and otherwise) to improve the sharing

3 of information by nations that are major exporters of

4 technology so that the United States can track move5 ments of technology and enforce technology controls

6 and re-export requirements.

7 (b) OFFICE OF TECHNOLOGY SECURITY.—(1) There is

8 hereby established in the Department of Defense an Office

9 of Technology Security. The Office shall support United

10 States Government efforts to—

11 (1) establish new binding international controls

12 on technology transfers that threaten international

13 peace and United States national security; and

14 (2) improve the sharing of information by na15 tions that are major exporters of technology so that

16 the United States can track movements of technology

17 and enforce technology controls and re-export require18 ments.

19 SEC. 1412. ANNUAL AUDIT OF DEPARTMENT OF DEFENSE

20 AND DEPARTMENT OF ENERGY POLICIES

21 WITH RESPECT TO TECHNOLOGY TRANSFERS

22 TO THE PEOPLE’S REPUBLIC OF CHINA.

23 (a) ANNUAL AUDIT.—The Inspectors General of the

24 Department of Defense and the Department of Energy, in

25 consultation with the Director of Central Intelligence and
388

•S 1059 EAH

1 the Director of the Federal Bureau of Investigation, shall

2 each conduct an annual audit of the policies and procedures

3 of the Department of Defense and the Department of En4 ergy, respectively, with respect to the export of technologies

5 and the transfer of scientific and technical information, to

6 the People’s Republic of China in order to assess the extent

7 to which the Department of Defense or the Department of

8 Energy, as the case may be, is carrying out its activities

9 to ensure that any technology transfer, including a transfer

10 of scientific or technical information, will not measurably

11 improve the weapons systems or space launch capabilities

12 of the People’s Republic of China.

13 (b) REPORT TO CONGRESS.—The Inspectors General

14 of the Department of Defense and the Department of Energy

15 shall each submit to Congress a report each year describing

16 the results of the annual audit under subsection (a).

17 SEC. 1413. RESOURCES FOR EXPORT LICENSE FUNCTIONS.

18 (a) OFFICE OF DEFENSE TRADE CONTROLS.—

19 (1) IN GENERAL.—The Secretary of State shall

20 take the necessary steps to ensure that, in any fiscal

21 year, adequate resources are allocated to the functions

22 of the Office of Defense Trade Controls of the Depart23 ment of State relating to the review and processing of

24 export license applications so as to ensure that those
389

•S 1059 EAH

1 functions are performed in a thorough and timely

2 manner.

3 (2) AVAILABILITY OF EXISTING APPROPRIA4 TIONS.—The Secretary of State shall take the nec5 essary steps to ensure that those funds made available

6 under the heading ‘‘Administration of Foreign Af7 fairs, Diplomatic and Consular Programs’’ in title IV

8 of the Departments of Commerce, Justice, and State,

9 the Judiciary, and Related Agencies Appropriations

10 Act, 1999, as contained in the Omnibus Consolidated

11 and Emergency Supplemental Appropriations Act,

12 1999 (Public Law 105-277) are made available, upon

13 the enactment of this Act, to the Office of Defense

14 Trade Controls of the Department of State to carry

15 out the purposes of the Office.

16 (b) DEFENSE THREAT REDUCTION AGENCY.—The Sec17 retary of Defense shall take the necessary steps to ensure

18 that, in any fiscal year, adequate resources are allocated

19 to the functions of the Defense Threat Reduction Agency of

20 the Department of Defense relating to the review of export

21 license applications so as to ensure that those functions are

22 performed in a thorough and timely manner.
390

•S 1059 EAH

1 SEC. 1414. NATIONAL SECURITY ASSESSMENT OF EXPORT

2 LICENSES.

3 (a) REPORT TO CONGRESS.—The Secretary of Defense,

4 in consultation with the Joint Chiefs of Staff, shall provide

5 to Congress a report assessing the cumulative impact of in6 dividual licenses granted by the United States for exports,

7 goods, or technology to countries of concern.

8 (b) CONTENTS OF REPORT.—Each report under sub9 section (a) shall include an assessment of—

10 (1) the cumulative impact of exports of tech11 nology on improving the military capabilities of

12 countries of concern;

13 (2) the impact of exports of technology which

14 would be harmful to United States military capabili15 ties, as well as countermeasures necessary to overcome

16 the use of such technology; and

17 (3) those technologies, systems, and components

18 which have applications to conventional military and

19 strategic capabilities.

20 (c) TIMING OF REPORTS.—The first report under sub21 section (a) shall be submitted to Congress not later than

22 1 year after the date of the enactment of this Act, and shall

23 assess the cumulative impact of exports to countries of con24 cern in the previous 5-year period. Subsequent reports

25 under subsection (a) shall be submitted to Congress at the

26 end of each 1-year period after the submission of the first
391

•S 1059 EAH

1 report. Each such subsequent report shall include an assess2 ment of the cumulative impact of technology exports based

3 on analyses contained in previous reports under this sec4 tion.

5 (d) SUPPORT OF OTHER FEDERAL AGENCIES.—The

6 Secretary of Commerce, the Secretary of State, and the

7 heads of other departments and agencies shall make avail8 able to the Secretary of Defense information necessary to

9 carry out this section, including information on export li10 censing.

11 (e) DEFINITION.—As used in this section, the term

12 ‘‘country of concern’’ means—

13 (1) a country the government of which the Sec14 retary of State has determined, for purposes of section

15 6(j) of the Export Administration Act of 1979 or

16 other applicable law, to have repeatedly provided sup17 port for acts of international terrorism; and

18 (2) a country on the list of covered countries

19 under section 1211(b) of the National Defense Author20 ization Act for Fiscal Year 1998 (50 U.S.C. App.

21 2404 note).
392

•S 1059 EAH

1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 SEC. 2001. SHORT TITLE.

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2000’’.

7 TITLE XXI—ARMY

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts ap11 propriated pursuant to the authorization of appropriations

12 in section 2104(a)(1), the Secretary of the Army may ac13 quire real property and carry out military construction

14 projects for the installations and locations inside the United

15 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama .............................. Redstone Arsenal ....................................... $9,800,000

Alaska .................................. Fort Richardson ........................................ $14,600,000

Fort Wainwright ....................................... $32,500,000

California ............................ Fort Irwin .................................................. $32,400,000

Presidio of Monterey ................................. $7,100,000

Colorado ............................... Fort Carson ................................................ $4,400,000

Peterson Air Force Base ........................... $25,000,000

District of Columbia ........... Fort McNair ............................................... $1,250,000

Walter Reed Medical Center ..................... $6,800,000

Georgia ................................ Fort Benning ............................................. $48,400,000

Fort Stewart .............................................. $71,700,000

Hawaii ................................. Schofield Barracks ..................................... $95,000,000

Kansas ................................. Fort Leavenworth ...................................... $34,100,000

Fort Riley .................................................. $3,900,000

Kentucky .............................. Blue Grass Army Depot ............................ $6,000,000

Fort Campbell ............................................ $39,900,000

Fort Knox ................................................... $1,300,000

Louisiana ............................ Fort Polk .................................................... $6,700,000

Maryland ............................. Fort Meade ................................................. $22,450,000

Massachusetts ...................... Westover Air Reserve Base ........................ $4,000,000

Missouri ............................... Fort Leonard Wood ................................... $27,100,000

New York ............................. Fort Drum ................................................. $23,000,000

North Carolina .................... Fort Bragg ................................................. $125,400,000
393

•S 1059 EAH

Army: Inside the United States—Continued

State Installation or location Amount

Sunny Point Military Ocean Terminal .. $3,800,000

Oklahoma ............................. Fort Sill ..................................................... $33,200,000

McAlester Army Ammunition .................. $16,600,000

Pennsylvania ....................... Carlisle Barracks ....................................... $5,000,000

Letterkenny Army Depot .......................... $3,650,000

South Carolina .................... Fort Jackson .............................................. $7,400,000

Texas .................................... Fort Bliss ................................................... $52,350,000

Fort Hood .................................................. $84,500,000

Virginia ............................... Fort Belvoir ............................................... $3,850,000

Fort Eustis ................................................. $43,800,000

Fort Myer ................................................... $2,900,000

Fort Story .................................................. $8,000,000

Washington .......................... Fort Lewis .................................................. $23,400,000

CONUS Various .................. CONUS Various ........................................ $36,400,000

Total ................................................... $967,550,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany .............................. Ansbach ...................................................... $21,000,000

Bamberg ..................................................... $23,200,000

Mannheim .................................................. $4,500,000

Korea ................................... Camp Casey ............................................... $31,000,000

Camp Howze .............................................. $3,050,000

Camp Stanley ............................................ $3,650,000

Total ................................................... $86,400,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in-
394

•S 1059 EAH

1 cluding land acquisition) at the installations, for the pur2 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installation or location Purpose Amount

Korea ............................... Camp Humphreys ......... 60 Units ........... $24,000,000

Virginia ........................... Fort Lee .......................... 97 Units ........... $16,500,000

Total ......... $40,500,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in

5 section 2104(a)(5)(A), the Secretary of the Army may car6 ryout architectural and engineering services and construc7 tion design activities with respect to the construction or im8 provement of family housing units in an amount not to

9 exceed $4,300,000.

10 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States Code,

13 and using amounts appropriated pursuant to the author14 ization of appropriations in sections 2104(a)(5)(A), the

15 Secretary of the Army may improve existing military fam16 ily housing units in an amount not to exceed $35,400,000.

17 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

18 (a) IN GENERAL.—Funds are hereby authorized to be

19 appropriated for fiscal years beginning after September 30,

20 1999, for military construction, land acquisition, and mili-
395

•S 1059 EAH

1 tary family housing functions of the Department of the

2 Army in the total amount of $2,384,417,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2101(a),

5 $879,550,000.

6 (2) For the military construction projects outside

7 the United States authorized by section 2101(b),

8 $86,400,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $9,500,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $87,205,000.

15 (5) For military family housing functions:

16 (A) For construction and acquisition, plan17 ning and design and improvement of military

18 family housing and facilities, $80,200,000.

19 (B) For support of military family housing

20 (including the functions described in section

21 2833 of title 10, United States Code),

22 $1,089,812,000.

23 (6) For the construction of the United States

24 Disciplinary Barracks, Fort Leavenworth, Kansas,

25 authorized in section 2101(a) of the Military Con-
396

•S 1059 EAH

1 struction Authorization Act for Fiscal Year 1998 (di2 vision B of Public Law 105–85; 111 Stat. 1967),

3 $18,800,000.

4 (7) For the construction of the force XXI soldier

5 development center, Fort Hood, Texas, authorized in

6 section 2101(a) of the Military Construction Author7 ization Act for Fiscal Year 1998 (division B of Public

8 Law 105–85; 111 Stat. 1966), $14,000,000.

9 (8) For the construction of the railhead facility,

10 Fort Hood, Texas, authorized in section 2101(a) of

11 the Military Construction Authorization Act for Fis12 cal Year 1999 (division B of Public Law 105–261;

13 112 Stat. 2182), $14,800,000.

14 (9) For the construction of the cadet development

15 center, United States Military Academy, West Point,

16 New York, authorized in section 2101(a) of the Mili17 tary Construction Authorization Act for Fiscal Year

18 1999 (division B of Public Law 105–261; 112 Stat.

19 2182), $28,500,000.

20 (10) For the construction of the whole barracks

21 complex renewal, Fort Campbell, Kentucky, author22 ized in section 2101(a) of the Military Construction

23 Authorization Act for Fiscal year 1999 (division B of

24 Public Law 105–261; 112 Stat. 2182), $32,000,000.
397

•S 1059 EAH

1 (11) For the construction of the multi-purpose

2 digital training range, Fort Knox, Kentucky, author3 ized in section 2101(a) of the Military Construction

4 Authorization Act for Fiscal Year 1999 (division B of

5 Public Law 105–261; 112 Stat. 2182), $16,000,000.

6 (12) For the construction of the power plant, Roi

7 Namur Island, Kwajalein Atoll, Kwajalein, author8 ized in section 2101(b) of the Military Construction

9 Authorization Act for Fiscal Year 1999 (division B of

10 Public Law 105–261; 112 Stat. 2183), $35,400,000.

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and

14 any other cost variation authorized by law, the total cost

15 of all projects carried out under section 2101 of this Act

16 may not exceed—

17 (1) the total amount authorized to be appro18 priated under paragraphs (1) and (2) of subsection

19 (a);

20 (2) $46,000,000 (the balance of the amount au21 thorized under section 2101(a) for the construction of

22 the whole barracks complex renewal at Schofield Bar23 racks, Hawaii);

24 (3) $22,000,000 (the balance of the amount au25 thorized under section 2101(a) for the construction of
398

•S 1059 EAH

1 the whole barracks complex renewal at Fort Bragg,

2 North Carolina);

3 (4) $10,000,000 (the balance of the amount au4 thorized under section 2101(a) for the construction of

5 tank trail erosion mitigation at the Yakima Training

6 Center, Fort Lewis, Washington); and

7 (5) $10,100,000 (the balance of the amount au8 thorized under section 2101(a) for the construction of

9 a tactical equipment shop at Fort Sill, Oklahoma).

10 (c) ADJUSTMENT.—The total amount authorized to be

11 appropriated pursuant to paragraphs (1) through (12) of

12 subsection (a) is the sum of the amounts authorized to be

13 appropriated in such paragraphs reduced by $7,750,000,

14 which represents the combination of project savings in mili15 tary construction resulting from favorable bids, reduced

16 overhead charges, and cancellations due to force structure

17 changes.

18 TITLE XXII—NAVY

19 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

20 ACQUISITION PROJECTS.

21 (a) INSIDE THE UNITED STATES.—Using amounts ap22 propriated pursuant to the authorization of appropriations

23 in section 2204(a)(1), the Secretary of the Navy may ac24 quire real property and carry out military construction
399

•S 1059 EAH

1 projects for the installations and locations inside the United

2 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ................................ Marine Corps Air Station, Yuma ............

Navy Detachment, Camp Navajo .............

$24,220,000

$7,560,000

California ............................ Marine Corps Air-Ground Combat Center, Twentynine Palms ......................... $34,760,000

Marine Corps Base, Camp Pendleton ...... $38,460,000

Marine Corps Logistics Base, Barstow .... $4,670,000

Marine Corps Recruit Depot, San Diego $3,200,000

Naval Air Station, Lemoore ..................... $24,020,000

Naval Air Station, North Island .............. $54,420,000

Naval Air Warfare Center, China Lake .. $4,000,000

Naval Air Warfare Center, Corona .......... $7,070,000

Naval Air Warfare Center, Point Magu .. $6,190,000

Naval Hospital, San Diego ...................... $21,590,000

Naval Hospital, Twentynine Palms ........ $7,640,000

Naval Postgraduate School ....................... $5,100,000

Florida ................................. Naval Air Station, Whiting Field, Milton ........................................................... $5,350,000

Naval Station, Mayport ............................ $9,560,000

Georgia ................................ Marine Corps Logistics Base, Albany ..... $6,260,000

Hawaii ................................. Marine Corps Air Station, Kaneohe Bay $5,790,000

Naval Shipyard, Pearl Harbor ................ $10,610,000

Naval Station, Pearl Harbor ................... $18,600,000

Naval Submarine Base, Pearl Harbor .... $29,460,000

Idaho .................................... Naval Surface Warfare Center, Bayview $10,040,000

Illinois ................................. Naval Training Center, Great Lakes ....... $57,290,000

Indiana ................................ Naval Surface Warfare Center, Crone ..... $7,270,000

Maine ................................... Naval Air Station, Brunswick ................. $16,890,000

Maryland ............................. Naval Air Warfare Center, Patuxent

River ....................................................... $4,560,000

Naval Surface Warfare Center, Indian

Head ....................................................... $10,070,000

Mississippi ........................... Naval Air Station, Meridian ................... $7,280,000

Naval Construction Battalion Center

Gulfport .................................................. $19,170,000

Nevada ................................. Naval Air Station, Fallon ........................ $7,000,000

New Jersey ........................... Naval Air Warfare Center Aircraft Division, Lakehurst ...................................... $15,710,000

North Carolina .................... Marine Corps Air Station, New River ....

Marine Corps Base, Camp Lejeune .........

$5,470,000

$21,380,000

Pennsylvania ....................... Navy Ships Parts Control Center, Mechanicsburg ............................................ $2,990,000

Norfolk Naval Shipyard Detachment,

Philadelphia.

$13,320,000

South Carolina .................... Naval Weapons Station, Charleston ........

Marine Corps Air Station, Beaufort .......

$7,640,000

$18,290,000

Texas .................................... Naval Station, Ingleside ........................... $11,780,000

Virginia ............................... Marine Corps Combat Development Command, Quantico ..................................... $20,820,000

Naval Air Station, Oceana ....................... $11,490,000

Naval Shipyard, Norfolk ........................... $17,630,000

Naval Station, Norfolk .............................. $69,550,000

Naval Weapons Station, Yorktown .......... $25,040,000

Tactical Training Group Atlantic, Dam

Neck ........................................................ $10,310,000

Washington .......................... Naval Ordnance Center Pacific Division

Detachment, Port Hadlock ................... $3,440,000
400

•S 1059 EAH

Navy: Inside the United States—Continued

State Installation or location Amount

Naval Undersea Warfare Center, Keyport $6,700,000

Puget Sound Naval Shipyard, Bremerton $15,610,000

Strategic Weapons Facility Pacific,

Bremerton .............................................. $6,300,000

Total ................................................... $751,570,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain ............................... Administrative Support Unit, ................. $83,090,000

Diego Garcia ....................... Naval Support Facility, Diego Garcia .... $8,150,000

Greece ................................... Naval Support Activity, Souda Bay ....... $6,380,000

Italy ..................................... Naval Support Activity, Naples ............... $26,750,000

Total ................................................... $124,370,000

7 SEC. 2202. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(5)(A), the Secretary of the

11 Navy may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or location Purpose Amount

Hawaii ............................. Marine Corps Air Station,

Kaneohe Bay .................... 100 Units ..... $26,615,000

Naval Base Pearl Harbor ... 133 Units ..... $30,168,000

Naval Base Pearl Harbor ... 96 Units ....... $19,167,000

Total .... $75,950,000
401

•S 1059 EAH

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriation in

3 section 2204(a)(5)(A), the Secretary of the Navy may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of military family housing units in an amount

7 not to exceed $17,715,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2204(a)(5)(A), the Sec13 retary of the Navy may improve existing military family

14 housing units in an amount not to exceed $162,350,000.

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 1999, for military construction, land acquisition, and mili19 tary family housing functions of the Department of the

20 Navy in the total amount of $2,084,107,000 as follows:

21 (1) For military construction projects inside the

22 United States authorized by section 2201(a),

23 $737,910,000.
402

•S 1059 EAH

1 (2) For military construction projects outside the

2 United States authorized by section 2201(b),

3 $124,370,000.

4 (3) For unspecified minor construction projects

5 authorized by section 2805 of title 10, United States

6 Code, $7,342,000.

7 (4) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $70,010,000.

10 (5) For military family housing functions:

11 (A) For construction and acquisition, plan12 ning and design and improvement of military

13 family housing and facilities, $256,015,000.

14 (B) For support of military housing (in15 cluding functions described in section 2833 of

16 title 10, United States Code), $895,070,000.

17 (6) For the construction of berthing wharf, Naval

18 Station Norfolk, Virginia, authorized by section

19 2201(a) of the Military Construction Authorization

20 Act for Fiscal Year 1999 (division B of Public Law

21 105–261; 112 Stat. 2189), $12,690,000.

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and

25 any other cost variation authorized by law, the total cost
403

•S 1059 EAH

1 of all projects carried out under section 2201 of this Act

2 may not exceed—

3 (1) the total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection

5 (a); and

6 (2) $13,660,000 (the balance of the amount au7 thorized under section 2201(a) for the construction of

8 a berthing wharf at Naval Air Station, North Island,

9 California).

10 (c) ADJUSTMENT.—The total amount authorized to be

11 appropriated pursuant to paragraphs (1) through (6) of

12 subsection (a) is the sum of the amounts authorized to be

13 appropriated in such paragraphs reduced by $19,300,000,

14 which represents the combination of project savings in mili15 tary construction resulting from favorable bids, reduced

16 overhead charges, and cancellations due to force structure

17 changes.

18 SEC. 2205. AUTHORIZATION TO ACCEPT ELECTRICAL SUB19 STATION IMPROVEMENTS, GUAM.

20 The Secretary of the Navy may accept from the Guam

21 Power Authority various improvements to electrical trans22 formers at the Agana and Harmon Substations in Guam,

23 which are valued at approximately $610,000 and are to be

24 performed in accordance with plans and specifications ac25 ceptable to the Secretary.
404

•S 1059 EAH

1 SEC. 2206. CORRECTION IN AUTHORIZED USE OF FUNDS,

2 MARINE CORPS COMBAT DEVELOPMENT COM3 MAND, QUANTICO, VIRGINIA.

4 The Secretary of the Navy may carry out a military

5 construction project involving infrastructure development

6 at the Marine Corps Combat Development Command,

7 Quantico, Virginia, in the amount of $8,900,000, using

8 amounts appropriated pursuant to the authorization of ap9 propriations in section 2204(a)(1) of the Military Construc10 tion Authorization Act for Fiscal Year 1997 (division B

11 of Public Law 104–201; 110 Stat. 2769) for a military con12 struction project involving a sanitary landfill at that in13 stallation, as authorized by section 2201(a) of that Act (110

14 Stat. 2767).

15 TITLE XXIII—AIR FORCE

16 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

17 LAND ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts ap19 propriated pursuant to the authorization of appropriations

20 in section 2304(a)(1), the Secretary of the Air Force may

21 acquire real property and carry out military construction

22 projects for the installations and locations inside the United

23 States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama .............................. Maxwell Air Force Base ............................ $10,600,000

Alaska .................................. Eielson Air Force Base .............................

Elmendorf Air Force Base ........................

$24,100,000

$32,800,000
405

•S 1059 EAH

Air Force: Inside the United States—Continued

State Installation or location Amount

Arizona ................................ Davis-Monthan Air Force Base ................ $7,800,000

Arkansas .............................. Little Rock Air Force Base ....................... $7,800,000

California ............................ Beale Air Force Base ................................

Edwards Air Force Base ...........................

Travis Air Force Base ..............................

$8,900,000

$5,500,000

$11,200,000

Colorado ............................... Peterson Air Force Base ...........................

Schriever Air Force Base ..........................

U.S. Air Force Academy ...........................

$40,000,000

$16,100,000

$17,500,000

CONUS Classified .............. Classified Location .................................... $16,870,000

Florida ................................. Eglin Air Force Base ................................

Eglin Auxiliary Field 9 ............................

MacDill Air Force Base ............................

Patrick Air Force Base .............................

Tyndall Air Force Base ............................

$18,300,000

$18,800,000

$5,500,000

$17,800,000

$10,800,000

Georgia ................................ Fort Benning .............................................

Moody Air Force Base ..............................

Robins Air Force Base ..............................

$3,900,000

$5,950,000

$3,350,000

Hawaii ................................. Hickam Air Force Base ............................ $3,300,000

Idaho .................................... Mountain Home Air Force Base .............. $17,000,000

Kansas ................................. McConnell Air Force Base ........................ $9,600,000

Kentucky .............................. Fort Campbell ............................................ $6,300,000

Mississippi ........................... Columbus Air Force Base .........................

Keesler Air Force Base ..............................

$5,100,000

$27,000,000

Missouri ............................... Whiteman Air Force Base ........................ $24,900,000

Nebraska .............................. Offutt Air Force Base ................................ $8,300,000

Nevada ................................. Nellis Air Force Base ................................ $18,600,000

New Jersey ........................... McGuire Air Force Base ........................... $11,800,000

New York ............................. Rome Research Site ................................... $3,002,000

New Mexico .......................... Kirtland Air Force Base ........................... $14,000,000

North Carolina .................... Fort Bragg .................................................

Pope Air Force Base .................................

$4,600,000

$7,700,000

North Dakota ....................... Minot Air Force Base ............................... $3,000,000

Ohio ...................................... Wright-Patterson Air Force Base ............. $35,100,000

Oklahoma ............................. Tinker Air Force Base ..............................

Vance Air Force Base ................................

$23,800,000

$12,600,000

South Carolina .................... Charleston Air Force Base ........................ $18,200,000

Tennessee ............................. Arnold Air Force Base .............................. $7,800,000

Texas .................................... Dyess Air Force Base ................................

Lackland Air Force Base ..........................

Laughlin Air Force Base ..........................

Randolph Air Force Base .........................

$5,400,000

$13,400,000

$3,250,000

$3,600,000

Utah ..................................... Hill Air Force Base .................................. $4,600,000

Virginia ............................... Langley Air Force Base ............................ $6,300,000

Washington .......................... Fairchild Air Force Base ..........................

McChord Air Force Base ...........................

$15,550,000

$7,900,000

Total ................................................... $635,272,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the
406

•S 1059 EAH

1 United States, and in the amounts, set forth in the following

2 table:

Air Force: Outside the United States

Country Installation or location Amount

Guam ................................... Andersen Air Force Base .......................... $8,900,000

Italy ..................................... Aviano Air Base ........................................ $3,700,000

Korea ................................... Osan Air Base ........................................... $19,600,000

Portugal ............................... Lajes Field, Azores .................................... $1,800,000

United Kingdom ................. Ascension Island ........................................

Royal Air Force Feltwell ..........................

Royal Air Force Lakenheath ....................

Royal Air Force Mildenhall .....................

Royal Air Force Molesworth .....................

$2,150,000

$3,000,000

$18,200,000

$17,600,000

$1,700,000

Total ................................................... $76,650,000

3 SEC. 2302. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2304(a)(5)(A), the Secretary of the

7 Air Force may construct or acquire family housing units

8 (including land acquisition) at the installations, for the

9 purposes, and in the amounts set forth in the following

10 table:

Air Force: Family Housing

State Installation or location Purpose Amount

Arizona ............................ Davis-Monthan Air

Force Base .................. 64 Units ........... $10,000,000

California ........................ Beale Air Force Base ..... 60 Units ........... $8,500,000

Edwards Air Force Base 188 Units ......... $32,790,000

Vandenberg Air Force

Base.

91 Units ........... $16,800,000

District of Columbia ...... Bolling Air Force Base 72 Units ........... $9,375,000

Florida ............................ Eglin Air Force Base ....

MacDill Air Force Base

130 Units .........

54 Units ...........

$14,080,000

$9,034,000

Kansas ............................. McConnell Air Force

Base.

Safety Improvements.$1,363,000

Mississippi ...................... Columbus Air Force

Base ............................ 100 Units ......... $12,290,000

Montana .......................... Malmstrom Air Force

Base ............................ 34 Units ........... $7,570,000

Nebraska .......................... Offutt Air Force Base .... 72 Units ........... $12,352,000

New Mexico ..................... Hollomon Air Force

Base.

76 Units ........... $9,800,000

North Carolina ............... Seymour Johnson Air

Force Base .................. 78 Units ........... $12,187,000
407

•S 1059 EAH

Air Force: Family Housing—Continued

State Installation or location Purpose Amount

North Dakota .................. Grand Forks Air Force

Base ............................ 42 Units ........... $10,050,000

Minot Air Force Base .... 72 Units ........... $10,756,000

Texas ............................... Lackland Air Force Base 48 Units ........... $7,500,000

Portugal .......................... Lajes Field, Azores ......... 75 Units ........... $12,964,000

Total ......... $197,411,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(5)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $17,093,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, Unites States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(5)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $124,492,000.

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

16 FORCE.

17 (a) IN GENERAL.—Funds are hereby authorized to be

18 appropriated for fiscal years beginning after September 30,

19 1999, for military construction, land acquisition, and mili-
408

•S 1059 EAH

1 tary family housing functions of the Department of the Air

2 Force in the total amount of $1,874,053,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2301(a),

5 $605,272,000.

6 (2) For military construction projects outside the

7 United States authorized by section 2301(b),

8 $76,650,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $8,741,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $32,104,000.

15 (5) For military housing functions:

16 (A) For construction and acquisition, plan17 ning and design and improvement of military

18 family housing and facilities, $338,996,000.

19 (B) For support of military family housing

20 (including functions described in section 2833 of

21 title 10, United States Code), $821,892,000.

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and

25 any other cost variation authorized by law, the total cost
409

•S 1059 EAH

1 of all projects carried out under section 2301 of this Act

2 may not exceed the total amount authorized to be appro3 priated under paragraphs (1) and (2) of subsection (a).

4 (c) ADJUSTMENT.—The total amount authorized to be

5 appropriated pursuant to paragraphs (1) through (5) of

6 subsection (a) is the sum of the amounts authorized to be

7 appropriated in such paragraphs reduced by $9,602,000,

8 which represents the combination of project savings in mili9 tary construction resulting from favorable bids, reduced

10 overhead charges, and cancellations due to force structure

11 changes.

12 SEC. 2305. PLAN FOR COMPLETION OF PROJECT TO CON13 SOLIDATE AIR FORCE RESEARCH LABORA14 TORY, ROME RESEARCH SITE, NEW YORK.

15 (a) PLAN REQUIRED.—Not later than January 1,

16 2000, the Secretary of the Air Force shall submit to Con17 gress a plan for the completion of multi-phase efforts to con18 solidate research and technology development activities con19 ducted at the Air Force Research Laboratory located at the

20 Rome Research Site at former Griffiss Air Force Base in

21 Rome, New York. The plan shall include details on how the

22 Air Force will complete the multi-phase construction and

23 renovation of the consolidated building 2/3 complex at the

24 Rome Research Site, by January 1, 2005, including the cost

25 of the project and options for financing it.
410

•S 1059 EAH

1 (b) RELATION TO STATE CONTRIBUTIONS.—Nothing

2 in this section shall be construed to limit or expand the

3 authority of the Secretary of a military department to ac4 cept funds from a State for the purpose of consolidating

5 military functions within a military installation.

6 TITLE XXIV—DEFENSE

7 AGENCIES

8 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC9 TION AND LAND ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts ap11 propriated pursuant to the authorization of appropriations

12 in section 2405(a)(1), the Secretary of Defense may acquire

13 real property and carry out military construction projects

14 for the installations and locations inside the United States,

15 and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization Blue Grass Army Depot, Kentucky .......... $206,800,000

Defense Education Activity Laurel Bay, South Carolina .................... $2,874,000

Marine Corps Base, Camp LeJeune,

North Carolina ...................................... $10,570,000

Defense Logistics Agency .... Defense Distribution New Cumberland,Pennsylvania ............................ $5,000,000

Elmendorf Air Force Base, Alaska .......... $23,500,000

Eielson Air Force Base, Alaska ................ $26,000,000

Fairchild Air Force Base, Washington .... $12,400,000

Various Locations ...................................... $1,300,000

Defense Manpower Data

Center .............................. Presidio, Monterey, California ................. $28,000,000

National Security Agency .. Fort Meade, Maryland .............................. $2,946,000

Special Operations Command ................................ Fleet Combat Training Center, Dam

Neck, Virginia ........................................ $4,700,000

Fort Benning, Georgia .............................. $10,200,000

Fort Bragg, North Carolina ..................... $20,100,000

Mississippi Army Ammunition Plant,

Mississippi ............................................. $9,600,000

Naval Amphibious Base, Coronado, California ...................................................... $6,000,000

TRICARE Management

Agency ............................. Andrews Air Force Base, Maryland ........ $3,000,000
411

•S 1059 EAH

Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Cheatham Annex, Virginia ....................... $1,650,000

Davis-Monthan Air Force Base, Arizona $10,000,000

Fort Lewis, Washington ............................ $5,500,000

Fort Riley, Kansas .................................... $6,000,000

Fort Sam Houston, Texas ........................ $5,800,000

Fort Wainwright, Alaska .......................... $133,000,000

Los Angeles Air Force Base, California .. $13,600,000

Marine Corps Air Station, Cherry Point,

North Carolina ...................................... $3,500,000

Moody Air Force Base, Georgia ............... $1,250,000

Naval Air Station, Jacksonville, Florida $3,780,000

Naval Air Station, Norfolk, Virginia ...... $4,050,000

Naval Air Station, Patuxent River,

Maryland ............................................... $4,150,000

Naval Air Station, Pensacola, Florida .... $4,300,000

Naval Air Station, Whidbey Island,

Washington ............................................ $4,700,000

Patrick Air Force Base, Florida .............. $1,750,000

Travis Air Force Base, California ........... $7,500,000

Wright-Patterson Air Force Base, Ohio .. $3,900,000

Total ................................................... $587,420,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2405(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Drug Interdiction and

Counter-Drug Activities Manta, Ecuador ......................................... $25,000,000

Curacao, Netherlands Antilles .................. $11,100,000

Defense Education Activity Andersen Air Force Base, Guam .............. $44,170,000

Naval Station Rota, Spain ...................... $17,020,000

Royal Air Force, Feltwell, United Kingdom ......................................................... $4,570,000

Royal Air Force, Lakenheath, United

Kingdom ................................................. $3,770,000

Defense Logistics Agency .... Andersen Air Force Base, Guam .............. $24,300,000

Moron Air Base, Spain ............................. $15,200,000

National Security Agency .. Royal Air Force, Menwith Hill Station,

United Kingdom .................................... $500,000

Tri-Care Management

Agency ............................. Naval Security Group Activity, Sabana

Seca, Puerto Rico .................................. $4,000,000
412

•S 1059 EAH

Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount

Ramstein Air Force Base, Germany ........ $7,100,000

Royal Air Force, Lakenheath, United

Kingdom ................................................. $7,100,000

Yongsan, Korea .......................................... $41,120,000

Total ................................................... $204,950,000

1 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriation in section 2405(a)(8)(A), the Sec6 retary of Defense may improve existing military family

7 housing units in an amount not to exceed $50,000.

8 SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.

9 Of the amount authorized to be appropriated by sec10 tion 2405(a)(8)(C), $78,756,000 shall be available for credit

11 to the Department of Defense Family Housing Fund estab12 lished by section 2883(a)(1) of title 10, United States Code.

13 SEC. 2404. ENERGY CONSERVATION PROJECTS.

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2405(a)(6), the Sec16 retary of Defense may carry out energy conservation

17 projects under section 2865 of title 10, United States Code,

18 in the amount of $6,558,000.
413

•S 1059 EAH

1 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

2 AGENCIES.

3 (a) IN GENERAL.—Funds are hereby authorized to be

4 appropriated for fiscal years beginning after September 30,

5 1999, for military construction, land acquisition, and mili6 tary family housing functions of the Department of Defense

7 (other than the military departments), in the total amount

8 of $1,618,965,000 as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $288,420,000.

12 (2) For military construction projects outside the

13 United States authorized by section 2401(b),

14 $204,950,000.

15 (3) For unspecified minor construction projects

16 under section 2805 of title 10, United States Code,

17 $18,618,000.

18 (4) For contingency construction projects of the

19 Secretary of Defense under section 2804 of title 10,

20 United States Code, $938,000.

21 (5) For architectural and engineering services

22 and construction design under section 2807 of title

23 10, United States Code, $49,024,000.

24 (6) For Energy Conservation projects authorized

25 by section 2404 of this Act, $6,558,000.
414

•S 1059 EAH

1 (7) For base closure and realignment activities

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of Public

4 Law 101–510; 10 U.S.C. 2687 note), $705,911,000.

5 (8) For military family housing functions:

6 (A) For improvement of military family

7 housing and facilities, $50,000.

8 (B) For support of military housing (in9 cluding functions described in section 2833 of

10 title 10, United States Code), $41,440,000 of

11 which not more than $35,639,000 may be obli12 gated or expended for the leasing of military

13 family housing units worldwide.

14 (C) For credit to the Department of Defense

15 Family Housing Improvement Fund as author16 ized by section 2403 of this Act, $78,756,000.

17 (9) For the construction of the Ammunition De18 militarization Facility, Anniston Army Depot, Ala19 bama, authorized in section 2101(a) of the Military

20 Construction Authorization Act for Fiscal Year 1991

21 (division B of Public Law 101–510; 104 Stat. 1758),

22 section 2101(a) of the Military Construction Author23 ization Act for Fiscal Year 1992 and 1993 (division

24 B of Public Law 102–190; 105 Stat. 1508), section

25 2101(a) of the Military Construction Authorization
415

•S 1059 EAH

1 Act for Fiscal Year 1993 (division B of Public Law

2 102–484; 106 Stat. 2586); and section 2401 of the

3 Military Construction Authorization Act for Fiscal

4 Year 1995 (division B of Public Law 103–337, 108

5 Stat. 3040), $7,000,000.

6 (10) For the construction of the Ammunition De7 militarization Facility, Pine Bluff Arsenal, Arkansas,

8 authorized in section 2401 of Military Construction

9 Authorization Act for Fiscal Year 1995 (division B of

10 Public Law 103–337; 108 Stat. 3040), as amended by

11 section 2407 of the National Defense Authorization

12 Act for Fiscal Year 1996 (division B of Public Law

13 104–106; 110 Stat. 539), section 2408 of the Military

14 Construction Authorization Act for Fiscal Year 1998

15 (division B of Public Law 105–85; 111 Stat. 1982),

16 and section 2406 of the Military Construction Author17 ization Act for Fiscal Year 1999 (division B of Public

18 Law 105–261; 112 Stat. 2197), $61,800,000.

19 (11) For the construction of the Ammunition De20 militarization Facility, Umatilla Army Depot, Or21 egon, authorized in section 2401 of the Military Con22 struction Authorization Act for Fiscal Year 1995 (di23 vision B of Public Law 103–337; 108 Stat. 3040), as

24 amended by section 2407 of the Military Construction

25 Authorization Act for Fiscal Year 1996 (division B of
416

•S 1059 EAH

1 Public Law 104–106; 110 Stat. 539), section 2408 of

2 the Military Construction Authorization Act for Fis3 cal Year 1998 (division B of Public Law 105–85; 111

4 Stat. 1982); and section 2406 of the Military Con5 struction Authorization Act for Fiscal Year 1999 (di6 vision B of Public Law 105–261; 112 Stat. 2197),

7 $35,900,000.

8 (12) For the construction of the Ammunition De9 militarization Facility, Aberdeen Proving Ground,

10 Maryland, authorized in section 2401(a) of the Mili11 tary Construction Authorization Act for Fiscal Year

12 1999 (division B of Public Law 105–261; 112 Stat.

13 2193), $66,600,000.

14 (13) For the construction of the Ammunition De15 militarization Facility at Newport Army Depot, In16 diana, authorized in section 2401(a) of the Military

17 Construction Authorization Act for Fiscal Year 1999

18 (division B of Public Law 105–261; 112 Stat. 2193),

19 $61,200,000.

20 (14) For the construction of the Ammunition De21 militarization Facility, Pueblo Army Depot, Colo22 rado, authorized in section 2401(a) of the Military

23 Construction Authorization Act for Fiscal Year 1997

24 (division B of Public Law 104–201; 110 Stat. 2775),

25 as amended by section 2406 of this Act, $11,800,000.
417

•S 1059 EAH

1 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variation authorized

3 by section 2853 of title 10, United States Code, and any

4 other cost variations authorized by law, the total cost of

5 all projects carried out under section 2401 of this Act may

6 not exceed—

7 (1) the total amount authorized to be appro8 priated under paragraphs (1) and (2) of subsection

9 (a);

10 (2) $115,000,000 (the balance of the amount au11 thorized under section 2401(a) for the construction of

12 a replacement hospital at Fort Wainwright, Alaska);

13 and

14 (3) $184,000,000 (the balance of the amount au15 thorized under section 2401(a) for the construction of

16 a chemical demilitarization facility at Blue Grass

17 Army Depot, Kentucky).

18 (c) ADJUSTMENT.—The total amount authorized to be

19 appropriated pursuant to paragraphs (1) through (14) of

20 subsection (a) is the sum of the amounts authorized to be

21 appropriated in such paragraphs reduced by $20,000,000,

22 which represents the combination of project savings in mili23 tary construction resulting from favorable bids, reduced

24 overhead charges, and cancellations due to force structure

25 changes.
418

•S 1059 EAH

1 SEC. 2406. INCREASE IN FISCAL YEAR 1997 AUTHORIZATION

2 FOR MILITARY CONSTRUCTION PROJECTS AT

3 PUEBLO CHEMICAL ACTIVITY, COLORADO.

4 The table in section 2401(a) of the Military Construc5 tion Authorization Act for Fiscal Year 1997 (division B

6 of Public Law 104–201; 110 Stat. 2775), is amended—

7 (1) in the item relating to Pueblo Chemical Ac8 tivity, Colorado, under the agency heading relating to

9 Chemical Demilitarization Program by striking

10 ‘‘$179,000,000’’ in the amount column and inserting

11 ‘‘$203,500,000’’; and

12 (2) by striking the amount identified as the total

13 in the amount column and inserting ‘‘$549,954,000’’.

14 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) of

15 that Act (110 Stat. 2779) is amended by striking

16 ‘‘$179,000,000’’ and inserting ‘‘$203,500,000’’.

17 SEC. 2407. CONDITION ON OBLIGATION OF MILITARY CON18 STRUCTION FUNDS FOR DRUG INTERDICTION

19 AND COUNTER-DRUG ACTIVITIES.

20 In addition to the conditions specified in section 1022

21 on the development of forward operating locations for

22 United States Southern Command counter-drug detection

23 and monitoring flights, amounts appropriated pursuant to

24 the authorization of appropriations in section 2405(a)(2)

25 for the projects set forth in the table in section 2401(b)

26 under the heading ‘‘Drug Interdiction and Counter-Drug
419

•S 1059 EAH

1 Activities’’ may not be obligated until after the end of the

2 30-day period beginning on the date on which the Secretary

3 of Defense submits to Congress a report describing in detail

4 the purposes for which the amounts will be obligated and

5 expended.

6 TITLE XXV—NORTH ATLANTIC

7 TREATY ORGANIZATION SE8 CURITY INVESTMENT PRO9 GRAM

10 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

11 ACQUISITION PROJECTS.

12 The Secretary of Defense may make contributions for

13 the North Atlantic Treaty Organization Security Invest14 ment program as provided in section 2806 of title 10,

15 United States Code, in an amount not to exceed the sum

16 of the amount authorized to be appropriated for this pur17 pose in section 2502 and the amount collected from the

18 North Atlantic Treaty Organization as a result of construc19 tion previously financed by the United States.

20 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

21 Funds are hereby authorized to be appropriated for fis22 cal years beginning after September 30, 1999, for contribu23 tions by the Secretary of Defense under section 2806 of title

24 10, United States Code, for the share of the United States

25 of the cost of projects for the North Atlantic Treaty Organi-
420

•S 1059 EAH

1 zation Security Investment program authorized by section

2 2501, in the amount of $191,000,000.

3 TITLE XXVI—GUARD AND

4 RESERVE FORCES FACILITIES

5 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC6 TION AND LAND ACQUISITION PROJECTS.

7 There are authorized to be appropriated for fiscal

8 years beginning after September 30, 1999, for the costs of

9 acquisition, architectural and engineering services, and

10 construction of facilities for the Guard and Reserve Forces,

11 and for contributions therefor, under chapter 1803 of title

12 10, United States Code (including the cost of acquisition

13 of land for those facilities), the following amounts:

14 (1) For the Department of the Army—

15 (A) for the Army National Guard of the

16 United States, $123,878,000; and

17 (B) for the Army Reserve, $92,515,000.

18 (2) For the Department of the Navy, for the

19 Naval and Marine Corps Reserve, $21,574,000.

20 (3) For the Department of the Air Force—

21 (A) for the Air National Guard of the

22 United States, $151,170,000; and

23 (B) for the Air Force Reserve, $48,564,000.
421

•S 1059 EAH

1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment program

13 (and authorizations of appropriations therefor) shall expire

14 on the later of—

15 (1) October 1, 2002; or

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year

18 2003.

19 (b) EXCEPTION.—Subsection (a) shall not apply to au20 thorizations for military construction projects, land acqui21 sition, family housing projects and facilities, and contribu22 tions to the North Atlantic Treaty Organization Security

23 Investment program (and authorizations of appropriations

24 therefor), for which appropriated funds have been obligated

25 before the later of—
422

•S 1059 EAH

1 (1) October 1, 2002; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2003 for military construc4 tion projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Security Investment

7 program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 1997 PROJECTS.

10 (a) EXTENSIONS.—Notwithstanding section 2701 of

11 the Military Construction Authorization Act for Fiscal Year

12 1997 (division B of Public Law 104–201; 110 Stat. 2782),

13 authorizations for the projects set forth in the tables in sub14 section (b), as provided in section 2101, 2201, 2202, or 2601

15 of that Act and amended by section 2406 of this Act, shall

16 remain in effect until October 1, 2000, or the date of the

17 enactment of an Act authorizing funds for military con18 struction for fiscal year 2001, whichever is later.

19 (b) TABLES.—The tables referred to in subsection (a)

20 are as follows:

Army: Extension of 1997 Project Authorization

State Installation or location Project Amount

Colorado .......................... Pueblo Army Depot ....... Ammunition

Demilitarization Facility $203,500,000
423

•S 1059 EAH

Navy: Extension of 1997 Project Authorization

State Installation or location Project Amount

Virginia ........................... Marine Corps Combat

Development Command ........................... Infrastructure

Development $8,900,000

Navy: Extension of 1997 Family Housing Authorizations

State Installation or location

Family Housing Amount

Florida ............................ Mayport Naval Station 100 units .......... $10,000,000

Maine .............................. Brunswick Naval Air

Station ........................ 92 units ............ $10,925,000

North Carolina ............... Camp Lejuene ................ 94 units ............ $10,110,000

South Carolina ............... Beaufort Marine Corps

Air Station ................. 140 units .......... $14,000,000

Texas ............................... Corpus Christi Naval

Complex ...................... 104 units .......... $11,675,000

.......................................... Kingsville Naval Air

Station ........................ 48 units ............ $7,550,000

Washington ..................... Everett Naval Station ... 100 units .......... $15,015,000

Army National Guard: Extension of 1997 Project Authorization

State Installation or location Project Amount

Mississippi ...................... Camp Shelby .................. Multi-Purpose

Range (Phase

II) ................. $5,000,000

1 SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN

2 FISCAL YEAR 1996 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal Year

5 1996 (division B of Public Law 104–106; 110 Stat. 541),

6 authorizations for the projects set forth in the tables in sub7 section (b), as provided in section 2202 or 2601 of that Act

8 and extended by section 2702 of the Military Construction

9 Authorization Act for Fiscal Year 1999 (division B of Pub10 lic Law 105–261; 112 Stat. 2199), shall remain in effect

11 until October 1, 2000, or the date of the enactment of an
424

•S 1059 EAH

1 Act authorizing funds for military construction for fiscal

2 year 2001, whichever is later.

3 (b) TABLES.—The tables referred to in subsection (a)

4 are as follows:

Navy: Extension of 1996 Family Housing Authorization

State Installation or location

Family Housing Amount

California ........................ Camp Pendleton ............. 138 units .......... $20,000,000

Army National Guard: Extension of 1996 Project Authorizations

State Installation or location Project Amount

Mississippi ...................... Camp Shelby .................. Multipurpose

Range Complex (Phase I) $5,000,000

Missouri .......................... National Guard Training Site, Jefferson

City ............................. Multipurpose

Range ........... $2,236,000

5 SEC. 2704. EFFECTIVE DATE.

6 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

7 take effect on the later of—

8 (1) October 1, 1999; or

9 (2) the date of the enactment of this Act.

10 TITLE XXVIII—GENERAL

11 PROVISIONS

12 Subtitle A—Military Construction

13 Program and Military Family

14 Housing Changes

15 SEC. 2801. CONTRIBUTIONS FOR NORTH ATLANTIC TREATY

16 ORGANIZATIONS SECURITY INVESTMENT.

17 Section 2806(a) of title 10, United States Code, is

18 amended by inserting before the period at the end the fol-
425

•S 1059 EAH

1 lowing: ‘‘, including support for the actual implementation

2 of a military operations plan approved by the North Atlan3 tic Council’’.

4 SEC. 2802. DEVELOPMENT OF FORD ISLAND, HAWAII.

5 (a) CONDITIONAL AUTHORITY TO DEVELOP.—(1) Sub6 chapter I of chapter 169 of title 10, United States Code,

7 is amended by adding at the end the following new section:

8 ‘‘§ 2814. Special authority for development of Ford Is9 land, Hawaii

10 ‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), the

11 Secretary of the Navy may exercise any authority or com12 bination of authorities in this section for the purpose of de13 veloping or facilitating the development of Ford Island, Ha14 waii, to the extent that the Secretary determines the devel15 opment is compatible with the mission of the Navy.

16 ‘‘(2) The Secretary of the Navy may not exercise any

17 authority under this section until—

18 ‘‘(A) the Secretary submits to the appropriate

19 committees of Congress a master plan for the develop20 ment of Ford Island, Hawaii; and

21 ‘‘(B) a period of 30 calendar days has elapsed

22 following the date on which the notification is re23 ceived by those committees.

24 ‘‘(b) CONVEYANCE AUTHORITY.—(1) The Secretary of

25 the Navy may convey to any public or private person or
426

•S 1059 EAH

1 entity all right, title, and interest of the United States in

2 and to any real property (including any improvements

3 thereon) or personal property under the jurisdiction of the

4 Secretary in the State of Hawaii that the Secretary

5 determines—

6 ‘‘(A) is excess to the needs of the Navy and all

7 of the other armed forces; and

8 ‘‘(B) will promote the purpose of this section.

9 ‘‘(2) A conveyance under this subsection may include

10 such terms and conditions as the Secretary considers appro11 priate to protect the interests of the United States.

12 ‘‘(c) LEASE AUTHORITY.—(1) The Secretary of the

13 Navy may lease to any public or private person or entity

14 any real property or personal property under the jurisdic15 tion of the Secretary in the State of Hawaii that the Sec16 retary determines—

17 ‘‘(A) is excess to the needs of the Navy and all

18 of the other armed forces; and

19 ‘‘(B) will promote the purpose of this section.

20 ‘‘(2) A lease under this subsection shall be subject to

21 section 2667(b)(1) of this title and may include such others

22 terms as the Secretary considers appropriate to protect the

23 interests of the United States.

24 ‘‘(3) A lease of real property under this subsection may

25 provide that, upon termination of the lease term, the lessee
427

•S 1059 EAH

1 shall have the right of first refusal to acquire the real prop2 erty covered by the lease if the property is then conveyed

3 under subsection (b).

4 ‘‘(4)(A) The Secretary may provide property support

5 services to or for real property leased under this subsection.

6 ‘‘(B) To the extent provided in appropriations Acts,

7 any payment made to the Secretary for services provided

8 under this paragraph shall be credited to the appropriation,

9 account, or fund from which the cost of providing the serv10 ices was paid.

11 ‘‘(d) ACQUISITION OF LEASEHOLD INTEREST BY SEC12 RETARY.—(1) The Secretary of the Navy may acquire a

13 leasehold interest in any facility constructed under sub14 section (f) as consideration for a transaction authorized by

15 this section upon such terms as the Secretary considers ap16 propriate to promote the purpose of this section.

17 ‘‘(2) The term of a lease under paragraph (1) may not

18 exceed 10 years, unless the Secretary of Defense approves

19 a term in excess of 10 years for purposes of this section.

20 ‘‘(3) A lease under this subsection may provide that,

21 upon termination of the lease term, the United States shall

22 have the right of first refusal to acquire the facility covered

23 by the lease.

24 ‘‘(4) The Secretary of the Navy may enter into a lease

25 under this subsection only if the lease is specifically author-
428

•S 1059 EAH

1 ized by a law enacted after the date of the enactment of

2 this section.

3 ‘‘(e) REQUIREMENT FOR COMPETITION.—The Sec4 retary of the Navy shall use competitive procedures for pur5 poses of selecting the recipient of real or personal property

6 under subsection (b) and the lessee of real or personal prop7 erty under subsection (c).

8 ‘‘(f) CONSIDERATION.—(1) As consideration for the

9 conveyance of real or personal property under subsection

10 (b), or for the lease of real or personal property under sub11 section (c), the Secretary of the Navy shall accept cash, real

12 property, personal property, or services, or any combina13 tion thereof, in an aggregate amount equal to not less than

14 the fair market value of the real or personal property con15 veyed or leased.

16 ‘‘(2) Subject to subsection (i), the services accepted by

17 the Secretary under paragraph (1) may include the fol18 lowing:

19 ‘‘(A) The construction or improvement of facili20 ties at Ford Island.

21 ‘‘(B) The restoration or rehabilitation of real

22 property at Ford Island.

23 ‘‘(C) The provision of property support services

24 for property or facilities at Ford Island.
429

•S 1059 EAH

1 ‘‘(g) NOTICE AND WAIT REQUIREMENTS.—The Sec2 retary of the Navy may not carry out a transaction author3 ized by this section until—

4 ‘‘(1) the Secretary submits to the appropriate

5 committees of Congress a notification of the trans6 action, including—

7 ‘‘(A) a detailed description of the trans8 action; and

9 ‘‘(B) a justification for the transaction

10 specifying the manner in which the transaction

11 will meet the purposes of this section; and

12 ‘‘(2) a period of 30 calendar days has elapsed

13 following the date on which the notification is re14 ceived by those committees.

15 ‘‘(h) FORD ISLAND IMPROVEMENT ACCOUNT.—(1)

16 There is established on the books of the Treasury an account

17 to be known as the ‘Ford Island Improvement Account’.

18 ‘‘(2) There shall be deposited into the account the fol19 lowing amounts:

20 ‘‘(A) Amounts authorized and appropriated to

21 the account.

22 ‘‘(2) Except as provided in subsection (c)(4)(B),

23 the amount of any cash payment received by the Sec24 retary for a transaction under this section.
430

•S 1059 EAH

1 ‘‘(i) USE OF ACCOUNT.—(1) Subject to paragraph (2),

2 to the extent provided in advance in appropriation Acts,

3 funds in the Ford Island Improvement Account may be used

4 as follows:

5 ‘‘(A) To carry out or facilitate the carrying out

6 of a transaction authorized by this section.

7 ‘‘(B) To carry out improvements of property or

8 facilities at Ford Island.

9 ‘‘(C) To obtain property support services for

10 property or facilities at Ford Island.

11 ‘‘(2) To extent that the authorities provided under sub12 chapter IV of this chapter are available to the Secretary

13 of the Navy, the Secretary may not use the authorities in

14 this section to acquire, construct, or improve family housing

15 units, military unaccompanied housing units, or ancillary

16 supporting facilities related to military housing.

17 ‘‘(3)(A) The Secretary may transfer funds from the

18 Ford Island Improvement Account to the following funds:

19 ‘‘(i) The Department of Defense Family Housing

20 Improvement Fund established by section 2883(a)(1)

21 of this title.

22 ‘‘(ii) The Department of Defense Military Unac23 companied Housing Improvement Fund established

24 by section 2883(a)(2) of this title.
431

•S 1059 EAH

1 ‘‘(B) Amounts transferred under subparagraph (A) to

2 a fund referred to in that subparagraph shall be available

3 in accordance with the provisions of section 2883 of this

4 title for activities authorized under subchapter IV of this

5 chapter at Ford Island.

6 ‘‘(j) INAPPLICABILITY OF CERTAIN PROPERTY MAN7 AGEMENT LAWS.—Except as otherwise provided in this sec8 tion, transactions under this section shall not be subject to

9 the following:

10 ‘‘(1) Sections 2667 and 2696 of this title.

11 ‘‘(2) Section 501 of the Stewart B. McKinney

12 Homeless Assistance Act (42 U.S.C. 11411).

13 ‘‘(3) Sections 202 and 203 of the Federal Prop14 erty and Administrative Services Act of 1949 (40

15 U.S.C. 483, 484).

16 ‘‘(k) SCORING.—Nothing in this section shall be con17 strued to waive the applicability to any lease entered into

18 under this section of the budget scorekeeping guidelines used

19 to measure compliance with the Balanced Budget Emer20 gency Deficit Control Act of 1985.

21 ‘‘(l) PROPERTY SUPPORT SERVICE DEFINED.—In this

22 section, the term ‘property support service’ means the fol23 lowing:

24 ‘‘(1) Any utility service or other service listed in

25 section 2686(a) of this title.
432

•S 1059 EAH

1 ‘‘(2) Any other service determined by the Sec2 retary to be a service that supports the operation and

3 maintenance of real property, personal property, or

4 facilities.’’.

5 (2) The table of sections at the beginning of such sub6 chapter is amended by adding at the end the following new

7 item:

‘‘2814. Special authority for development of Ford Island, Hawaii.’’.

8 (b) CONFORMING AMENDMENTS.—Section 2883(c) of

9 title 10, United States Code, is amended—

10 (1) in paragraph (1), by adding at the end the

11 following new subparagraph:

12 ‘‘(E) Any amounts that the Secretary of the Navy

13 transfers to that Fund pursuant to section 2814(i)(3) of this

14 title, subject to the restrictions on the use of the transferred

15 amounts specified in that section.’’; and

16 (2) in paragraph (2), by adding at the end the

17 following new subparagraph:

18 ‘‘(E) Any amounts that the Secretary of the Navy

19 transfers to that Fund pursuant to section 2814(i)(3) of this

20 title, subject to the restrictions on the use of the transferred

21 amounts specified in that section.’’.
433

•S 1059 EAH

1 SEC. 2803. RESTRICTION ON AUTHORITY TO ACQUIRE OR

2 CONSTRUCT ANCILLARY SUPPORTING FACILI3 TIES FOR HOUSING UNITS.

4 Section 2881 of title 10, United States Code, is

5 amended—

6 (1) by inserting ‘‘(a) AUTHORITY TO ACQUIRE

7 OR CONSTRUCT.—’’ before ‘‘Any project’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(b) RESTRICTION.—The ancillary supporting facili11 ties authorized by subsection (a) may not be in direct com12 petition with any resale activities provided by the Defense

13 Commissary Agency or the Army and Air Force Exchange

14 Service, the Navy Exchange Service Command, Marine

15 Corps exchanges, or any other nonappropriated fund in16 strumentality of the United States under the jurisdiction

17 of the armed forces which is conducted for the morale, wel18 fare and recreation of members of the armed forces.’’.

19 SEC. 2804. PLANNING AND DESIGN FOR MILITARY CON20 STRUCTION PROJECTS FOR RESERVE COMPO21 NENTS.

22 Section 18233(f)(1) of title 10, United States Code, is

23 amended by inserting ‘‘design,’’ after ‘‘planning,’’.
434

•S 1059 EAH

1 SEC. 2805. LIMITATIONS ON AUTHORITY TO CARRY OUT

2 SMALL PROJECTS FOR ACQUISITION OF FA3 CILITIES FOR RESERVE COMPONENTS.

4 (a) UNSPECIFIED MINOR CONSTRUCTION PROJECTS

5 TO CORRECT LIFE, HEALTH, OR SAFETY THREATS.—Sub6 section (a)(2) of section 18233a of title 10, United States

7 Code, is amended by adding at the end the following new

8 subparagraph:

9 ‘‘(C) An unspecified minor construction project

10 intended solely to correct a deficiency that is life11 threatening, health-threatening, or safety-threatening,

12 except that the expenditure or contribution for the

13 project may not exceed $3,000,000.’’.

14 (b) USE OF OPERATION AND MAINTENANCE FUNDS TO

15 CORRECT LIFE, HEALTH, OR SAFETY THREATS.—Sub16 section (b) of such section is amended by inserting after

17 ‘‘or less’’ the following: ‘‘(or $1,000,000 or less if the project

18 is intended solely to correct a deficiency that is life-threat19 ening, health-threatening, or safety-threatening).’’.

20 SEC. 2806. EXPANSION OF ENTITIES ELIGIBLE TO PARTICI21 PATE IN ALTERNATIVE AUTHORITY FOR AC22 QUISITION AND IMPROVEMENT OF MILITARY

23 HOUSING.

24 (a) DEFINITION OF ELIGIBLE ENTITY.—Section 2871

25 of title 10, United States Code, is amended—
435

•S 1059 EAH

1 (1) by redesignating paragraphs (5) through (7)

2 as paragraphs (6) through (8) respectively; and

3 (2) by inserting after paragraph (4) the fol4 lowing new paragraph:

5 ‘‘(5) The term ‘eligible entity’ means any indi6 vidual, corporation, firm, partnership, company,

7 State or local government, or housing authority of a

8 State or local government.’’.

9 (b) GENERAL AUTHORITY.—Section 2872 of such title

10 is amended by striking ‘‘private persons’’ and inserting ‘‘el11 igible entities’’.

12 (c) DIRECT LOANS AND LOAN GUARANTEES.—Section

13 2873 of such title is amended—

14 (1) in subsection (a)(1)—

15 (A) by striking ‘‘persons in the private sec16 tor’’ and inserting ‘‘an eligible entity’’; and

17 (B) by striking ‘‘such persons’’ and insert18 ing ‘‘the eligible entity’’; and

19 (2) in subsection (b)(1)—

20 (A) by striking ‘‘any person in the private

21 sector’’ and inserting ‘‘an eligible entity’’; and

22 (B) by striking ‘‘the person’’ and inserting

23 ‘‘the eligible entity’’.

24 (d) INVESTMENTS.—Section 2875 of such title is

25 amended—
436

•S 1059 EAH

1 (1) in subsection (a), by striking ‘‘nongovern2 mental entities’’ and inserting ‘‘an eligible entity’’;

3 (2) in subsection (c)—

4 (A) by striking ‘‘a nongovernmental entity’’

5 both places it appears and inserting ‘‘an eligible

6 entity’’; and

7 (B) by striking ‘‘the entity’’ each place it

8 appears and inserting ‘‘the eligible entity’’;

9 (3) in subsection (d), by striking ‘‘nongovern10 mental’’ and inserting ‘‘eligible’’; and

11 (4) in subsection (e), by striking ‘‘a nongovern12 mental entity’’ and inserting ‘‘an eligible entity’’.

13 (e) RENTAL GUARANTEES.—Section 2876 of such title

14 is amended by striking ‘‘private persons’’ and inserting ‘‘el15 igible entities’’.

16 (f) DIFFERENTIAL LEASE PAYMENTS.—Section 2877

17 of such title is amended by striking ‘‘private’’.

18 (g) CONVEYANCE OR LEASE OF EXISTING PROPERTY

19 AND FACILITIES.—Section 2878(a) of such title is amended

20 by striking ‘‘private persons’’ and inserting ‘‘eligible enti21 ties’’.

22 (h) CLERICAL AMENDMENTS.—(1) The heading of sec23 tion 2875 of such title is amended to read as follows:
437

•S 1059 EAH

1 ‘‘§ 2875. Investments’’.

2 (2) The table of sections at the beginning of subchapter

3 IV of chapter 169 of such title is amended by striking the

4 item relating to such section and inserting the following

5 new item:

‘‘2875. Investments.’’.

6 Subtitle B—Real Property and

7 Facilities Administration

8 SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF LAND

9 FOR SPECIAL OPERATIONS ACTIVITIES.

10 Section 2680(d) of title 10, United States Code, is

11 amended by striking ‘‘September 30, 2000’’ and inserting

12 ‘‘September 30, 2005’’.

13 SEC. 2812. UTILITY PRIVATIZATION AUTHORITY.

14 (a) EXTENDED CONTRACTS FOR UTILITY SERVICES.—

15 Subsection (c) of section 2688 of title 10, United States

16 Code, is amended by adding at the end the following new

17 paragraph:

18 ‘‘(3) A contract for the receipt of utility services as

19 consideration under paragraph (1), or any other contract

20 for utility services entered into by the Secretary concerned

21 in connection with the conveyance of a utility system under

22 this section, may be for a period not to exceed 50 years.’’.

23 (b) DEFINITION OF UTILITY SYSTEM.—Subsection

24 (g)(2)(B) of such section is amended by striking ‘‘Ease25 ments’’ and inserting ‘‘Real property, easements,’’.
438

•S 1059 EAH

1 (c) FUNDS TO FACILITATE PRIVATIZATION.—Such sec2 tion is further amended—

3 (1) by redesignating subsections (g) and (h) as

4 subsections (i) and (j); and

5 (2) by inserting after subsection (f) the following

6 new subsection:

7 ‘‘(g) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR

8 REPLACEMENT OF UTILITY SYSTEMS.—In lieu of carrying

9 out a military construction project to construct, repair, or

10 replace a utility system, the Secretary concerned may use

11 funds authorized and appropriated for the project to facili12 tate the conveyance of the utility system under this section

13 by making a contribution toward the cost of construction,

14 repair, or replacement of the utility system by the entity

15 to which the utility system is being conveyed. The Secretary

16 concerned shall consider any such contribution in the eco17 nomic analysis required under subsection (e).’’.

18 SEC. 2813. ACCEPTANCE OF FUNDS TO COVER ADMINISTRA19 TIVE EXPENSES RELATING TO CERTAIN REAL

20 PROPERTY TRANSACTIONS.

21 Section 2695(b) of title 10, United States Code, is

22 amended—

23 (1) by inserting ‘‘involving real property under

24 the control of the Secretary of a military department’’

25 after ‘‘transactions’’; and
439

•S 1059 EAH

1 (2) by adding at the end the following new para2 graph:

3 ‘‘(4) The disposal of real property of the United

4 States for which the Secretary will be the disposal

5 agent.’’.

6 SEC. 2814. STUDY AND REPORT ON IMPACTS TO MILITARY

7 READINESS OF PROPOSED LAND MANAGE8 MENT CHANGES ON PUBLIC LANDS IN UTAH.

9 (a) UTAH NATIONAL DEFENSE LANDS DEFINED.—In

10 this section, the term ‘‘Utah national defense lands’’ means

11 public lands under the jurisdiction of the Bureau of Land

12 Management in the State of Utah that are adjacent to or

13 near the Utah Test and Training Range and Dugway Prov14 ing Ground or beneath the Military Operating Areas, Re15 stricted Areas, and airspace that make up the Utah Test

16 and Training Range.

17 (b) READINESS IMPACT STUDY.—The Secretary of De18 fense shall conduct a study to evaluate the impact upon

19 military training, testing, and operational readiness of any

20 proposed changes in land management of the Utah national

21 defense lands. In conducting the study, the Secretary of De22 fense shall consider the following:

23 (1) The present military requirements for and

24 missions conducted at Utah Test and Training

25 Range, as well as projected requirements for the sup-
440

•S 1059 EAH

1 port of aircraft, unmanned aerial vehicles, missiles,

2 munitions and other military requirements.

3 (2) The future requirements for force structure

4 and doctrine changes, such as the Expeditionary

5 Aerospace Force concept, that could require the use of

6 the Utah Test and Training Range.

7 (3) All other pertinent issues, such as overflight

8 requirements, access to electronic tracking and com9 munications sites, ground access to respond to emer10 gency or accident locations, munitions safety buffers,

11 noise requirements, ground safety and encroachment

12 issues.

13 (c) COOPERATION AND COORDINATION.—The Secretary

14 of Defense shall conduct the study in cooperation with the

15 Secretary of the Air Force and the Secretary of the Army

16 and coordinate the study with the Secretary of the Interior.

17 (d) EFFECT OF STUDY.—Until the Secretary of De18 fense submits to Congress a report containing the results

19 of the study, the Secretary of the Interior may not proceed

20 with the amendment of any individual resource manage21 ment plan for Utah national defense lands, or any state22 wide environmental impact statement or statewide resource

23 management plan amendment package for such lands, if

24 the statewide environmental impact statement or statewide

25 resource management plan amendment addresses wilderness
441

•S 1059 EAH

1 characteristics or wilderness management issues affecting

2 such lands.

3 Subtitle C—Defense Base Closure

4 and Realignment

5 SEC. 2821. CONTINUATION OF AUTHORITY TO USE DEPART6 MENT OF DEFENSE BASE CLOSURE ACCOUNT

7 1990 FOR ACTIVITIES REQUIRED TO CLOSE OR

8 REALIGN MILITARY INSTALLATIONS.

9 (a) DURATION OF ACCOUNT.—Subsection (a) of section

10 2906 of the Defense Base Closure and Realignment Act of

11 1990 (part A of title XXIX of Public Law 101–510; 10

12 U.S.C. 2687 note) is amended by adding at the end the fol13 lowing new paragraph:

14 ‘‘(3) The Account shall be closed at the time and in

15 the manner provided for appropriation accounts under sec16 tion 1555 of title 31, United States Code. Unobligated funds

17 which remain in the Account upon closure shall be held by

18 the Secretary of the Treasury until transferred by law after

19 the congressional defense committees receive the final report

20 transmitted under subsection (c)(2).’’.

21 (b) EFFECT OF CONTINUATION ON USE OF AC22 COUNT.—Subsection (b)(1) of such section is amended by

23 adding at the end the following new sentence: ‘‘After July

24 13, 2001, the Account shall be the sole source of Federal

25 funds for environmental restoration, property management,
442

•S 1059 EAH

1 and other caretaker costs associated with any real property

2 at military installations closed or realigned under this part

3 or such title II.’’.

4 (c) CONFORMING AMENDMENTS.—Such section is fur5 ther amended—

6 (1) in subsection (c)—

7 (A) by striking paragraph (2); and

8 (B) by redesignating paragraph (3) as

9 paragraph (2) and, in such paragraph, by in10 serting after ‘‘this part’’ the following: ‘‘and no

11 later than 60 days after the closure of the Ac12 count under subsection (a)(3)’’; and

13 (2) in subsection (e), by striking ‘‘the termi14 nation of the authority of the Secretary to carry out

15 a closure or realignment under this part’’ and insert16 ing ‘‘the closure of the Account under subsection

17 (a)(3)’’.

18 Subtitle D—Land Conveyances

19 PART I—ARMY CONVEYANCES

20 SEC. 2831. TRANSFER OF JURISDICTION, FORT SAM HOUS21 TON, TEXAS.

22 (a) TRANSFER OF LAND FOR INCLUSION IN NATIONAL

23 CEMETERY.—The Secretary of the Army may transfer,

24 without reimbursement, to the administrative jurisdiction

25 of the Secretary of Veterans Affairs a parcel of real prop-
443

•S 1059 EAH

1 erty, including any improvements thereon, consisting of ap2 proximately 152 acres and comprising a portion of Fort

3 Sam Houston, Texas.

4 (b) USE OF LAND.—The Secretary of Veterans Affairs

5 shall include the real property transferred under subsection

6 (a) in the Fort Sam Houston National Cemetery and use

7 the conveyed property as a national cemetery under chapter

8 24 of title 38, United States Code.

9 (c) LEGAL DESCRIPTION.—The exact acreage and legal

10 description of the real property to be transferred under this

11 section shall be determined by a survey satisfactory to the

12 Secretary of the Army. The cost of the survey shall be borne

13 by the Secretary of Veterans Affairs.

14 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary of the Army may require such additional terms and

16 conditions in connection with the transfer under this section

17 as the Secretary of the Army considers appropriate to pro18 tect the interests of the United States.

19 SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER,

20 KANKAKEE, ILLINOIS.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

22 Army may convey, without consideration, to the City of

23 Kankakee, Illinois (in this section referred to as the ‘‘City’’),

24 all right, title, and interest of the United States in and to

25 a parcel of real property, including improvements thereon,
444

•S 1059 EAH

1 that is located at 1600 Willow Street in Kankakee, Illinois,

2 and contains the vacant Stefaninch Army Reserve Center

3 for the purpose of permitting the City to use the parcel for

4 economic development and other public purposes.

5 (b) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the real property to be conveyed

7 under subsection (a) shall be determined by a survey satis8 factory to the Secretary. The cost of the survey shall be borne

9 by the City.

10 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the conveyance under subsection (a) as

13 the Secretary considers appropriate to protect the interests

14 of the United States.

15 SEC. 2833. LAND CONVEYANCE, FORT DES MOINES, IOWA.

16 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

17 Army may convey, without consideration, to the Fort Des

18 Moines Black Officers Memorial, Inc., a nonprofit corpora19 tion organized in the State of Iowa (in this section referred

20 to as the ‘‘Corporation’’), all right, title, and interest of the

21 United States in and to a parcel of real property, including

22 improvements thereon, located at Fort Des Moines, Iowa,

23 and containing the post chapel (building #49) and Clayton

24 Hall (building #46) for the purpose of permitting the Cor-
445

•S 1059 EAH

1 poration to develop and use the parcel as a memorial and

2 for educational purposes.

3 (b) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be borne

7 by the Corporation.

8 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under subsection (a) as

11 the Secretary considers appropriate to protect the interests

12 of the United States.

13 SEC. 2834. LAND CONVEYANCE, ARMY MAINTENANCE SUP14 PORT ACTIVITY (MARINE) NUMBER 84,

15 MARCUS HOOK, PENNSYLVANIA.

16 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

17 Army may convey, without consideration, to the Borough

18 of Marcus Hook, Pennsylvania (in this section referred to

19 as the ‘‘Borough’’), all right, title, and interest of the United

20 States in and to a parcel of real property, including im21 provements thereon, consisting of approximately 5 acres

22 that is located at 7 West Delaware Avenue in Marcus Hook,

23 Pennsylvania, and contains the facility known as the Army

24 Maintenance Support Activity (Marine) Number 84, for the
446

•S 1059 EAH

1 purpose of permitting the Borough to develop the parcel for

2 recreational or economic development purposes.

3 (b) CONDITION OF CONVEYANCE.—The conveyance

4 under subsection (a) shall be subject to the condition that

5 the Borough—

6 (1) use the conveyed property, directly or

7 through an agreement with a public or private entity,

8 for recreational or economic purposes; or

9 (2) convey the property to an appropriate public

10 or private entity for use for such purposes.

11 (c) REVERSION.—If the Secretary determines at any

12 time that the real property conveyed under subsection (a)

13 is not being used for recreational or economic development

14 purposes, as required by subsection (b), all right, title, and

15 interest in and to the property conveyed under subsection

16 (a), including any improvements thereon, shall revert to the

17 United States, and the United States shall have the right

18 of immediate entry thereon. Any determination of the Sec19 retary under this subsection shall be made on the record

20 after an opportunity for a hearing.

21 (d) DESCRIPTION OF PROPERTY.—The exact acreage

22 and legal description of the real property to be conveyed

23 under subsection (a) shall be determined by a survey satis24 factory to the Secretary. The cost of the survey shall be borne

25 by the Borough.
447

•S 1059 EAH

1 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyance under subsection (a) as

4 the Secretary considers appropriate to protect the interests

5 of the United States.

6 SEC. 2835. LAND CONVEYANCES, ARMY DOCKS AND RE7 LATED PROPERTY, ALASKA.

8 (a) JUNEAU NATIONAL GUARD DOCK.—The Secretary

9 of the Army may convey, without consideration, to the City

10 of Juneau, Alaska, all right, title, and interest of the United

11 States in and to a parcel of real property, including im12 provements thereon, located at 1030 Thane Highway in Ju13 neau, Alaska, and consisting of approximately 0.04 acres

14 and the appurtenant facility known as the Juneau National

15 Guard Dock.

16 (b) WHITTIER DELONG DOCK.—The Secretary may

17 convey, without consideration, to the Alaska Railroad Cor18 poration all right, title, and interest of the United States

19 in and to a parcel of real property, including improvements

20 thereon, located in Whittier, Alaska, and consisting of ap21 proximately 6.13 acres and the appurtenant facility known

22 as the DeLong Dock.

23 (c) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsections (a) and (b) shall be determined by surveys
448

•S 1059 EAH

1 satisfactory to the Secretary. The cost of the surveys shall

2 be borne by the recipient of the real property.

3 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyances under subsection (a)

6 and (b) as the Secretary considers appropriate to protect

7 the interests of the United States.

8 SEC. 2836. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

10 Army may convey, without consideration, to the Veterans

11 Services Commission of the State of Arizona (in this section

12 referred to as the ‘‘Commission’’), all right, title, and inter13 est of the United States in and to a parcel of real property,

14 including improvements thereon, consisting of approxi15 mately 130 acres at Fort Huachuca, Arizona, for the pur16 pose of permitting the Commission to establish a State-run

17 cemetery for veterans.

18 (b) DESCRIPTION OF PROPERTY.—The exact acreage

19 and legal description of the real property to be conveyed

20 under subsection (a) shall be determined by a survey satis21 factory to the Secretary. The cost of the survey shall be borne

22 by the Commission.

23 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions

25 in connection with the conveyance under subsection (a) as
449

•S 1059 EAH

1 the Secretary considers appropriate to protect the interests

2 of the United States.

3 SEC. 2837. LAND CONVEYANCE, ARMY RESERVE CENTER,

4 CANNON FALLS, MINNESOTA.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

6 Army may convey, without consideration, to the Cannon

7 Falls Area Schools, Minnesota Independent School District

8 Number 252 (in this section referred to as the ‘‘District’’),

9 all right, title, and interest of the United States in and to

10 a parcel of real property, including improvements thereon,

11 that is located at 710 State Street East in Cannon Falls,

12 Minnesota, and contains an Army Reserve Center for the

13 purpose of permitting the District to develop the parcel for

14 educational purposes.

15 (b) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be conveyed

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. The cost of the survey shall be borne

19 by the District.

20 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require such additional terms and conditions

22 in connection with the conveyance under subsection (a) as

23 the Secretary considers appropriate to protect the interests

24 of the United States.
450

•S 1059 EAH

1 SEC. 2838. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY

2 HOUSING SITE, EAST HANOVER TOWNSHIP,

3 NEW JERSEY.

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

5 Army may convey, without consideration, to the Township

6 Council of East Hanover, New Jersey (in this section re7 ferred to as the ‘‘Township’’), all right, title, and interest

8 of the United States in and to a parcel of real property,

9 including improvements thereon, consisting of approxi10 mately 13.88 acres located near the unincorporated area of

11 Hanover Neck in East Hanover, New Jersey, and was a

12 former family housing site for Nike Battery 80, for the pur13 pose of permitting the Township to develop the parcel for

14 affordable housing and for recreational purposes.

15 (b) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be conveyed

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. The cost of the survey shall be borne

19 by the Township.

20 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require such additional terms and conditions

22 in connection with the conveyance under subsection (a) as

23 the Secretary considers appropriate to protect the interests

24 of the United States.
451

•S 1059 EAH

1 SEC. 2839. LAND EXCHANGE, ROCK ISLAND ARSENAL, ILLI2 NOIS.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

4 Army may convey to the City of Moline, Illinois (in this

5 section referred to as the ‘‘City’’), all right, title, and inter6 est of the United States in and to a parcel of real property,

7 including improvements thereon, consisting of approxi8 mately .3 acres at the Rock Island Arsenal for the purpose

9 of permitting the City to construct a new entrance and exit

10 ramp for the bridge that crosses the southeast end of the

11 island containing the Arsenal.

12 (b) CONSIDERATION.—As consideration for the convey13 ance under subsection (a), the City shall convey to the Sec14 retary all right, title, and interest of the City in and to

15 a parcel of real property consisting of approximately .2

16 acres and located in the vicinity of the parcel to be conveyed

17 under subsection (a).

18 (c) DESCRIPTION OF PROPERTY.—The exact acreage

19 and legal description of the parcels to be conveyed under

20 this section shall be determined by a survey satisfactory to

21 the Secretary. The cost of the survey shall be borne by the

22 City.

23 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions

25 in connection with the conveyances under this section as
452

•S 1059 EAH

1 the Secretary considers appropriate to protect the interests

2 of the United States.

3 SEC. 2840. MODIFICATION OF LAND CONVEYANCE, JOLIET

4 ARMY AMMUNITION PLANT, ILLINOIS.

5 Section 2922(c) of the Military Construction Author6 ization Act for Fiscal Year 1996 (division B of Public Law

7 104–106; 110 Stat. 605) is amended—

8 (1) by inserting ‘‘(1)’’ before ‘‘The conveyance’’;

9 and

10 (2) by adding at the end the following new para11 graph:

12 ‘‘(2) The landfill established on the real property con13 veyed under subsection (a) may contain only waste gen14 erated in the county in which the landfill is established and

15 waste generated in municipalities located at least in part

16 in that county. The landfill shall be closed and capped after

17 23 years of operation.’’.

18 SEC. 2841. LAND CONVEYANCES, TWIN CITIES ARMY AMMU19 NITION PLANT, MINNESOTA.

20 (a) CONVEYANCE TO CITY AUTHORIZED.—The Sec21 retary of the Army may convey to the City of Arden Hills,

22 Minnesota (in this section referred to as the ‘‘City’’), all

23 right, title, and interest of the United States in and to a

24 parcel of real property, including improvements thereon,

25 consisting of approximately 4 acres at the Twin Cities
453

•S 1059 EAH

1 Army Ammunition Plant, for the purpose of permitting the

2 City to construct a city hall complex on the parcel.

3 (b) CONVEYANCE TO COUNTY AUTHORIZED.—The Sec4 retary of the Army may convey to Ramsey County, Min5 nesota (in this section referred to as the ‘‘County’’), all

6 right, title, and interest of the United States in and to a

7 parcel of real property, including improvements thereon,

8 consisting of approximately 35 acres at the Twin Cities

9 Army Ammunition Plant, for the purpose of permitting the

10 County to construct a maintenance facility on the parcel.

11 (c) CONSIDERATION.—As consideration for the convey12 ances under this section, the City shall make the city hall

13 complex available for use by the Minnesota National Guard

14 for public meetings, and the County shall make the mainte15 nance facility available for use by the Minnesota National

16 Guard, as detailed in agreements entered into between the

17 City, County, and the Commanding General of the Min18 nesota National Guard. Use of the city hall complex and

19 maintenance facility by the Minnesota National Guard

20 shall be without cost to the Minnesota National Guard.

21 (d) DESCRIPTION OF PROPERTY.—The exact acreage

22 and legal description of the real property to be conveyed

23 under this section shall be determined by surveys satisfac24 tory to the Secretary. The cost of the survey shall be borne

25 by the recipient of the real property.
454

•S 1059 EAH

1 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyances under this section as

4 the Secretary considers appropriate to protect the interests

5 of the United States.

6 PART II—NAVY CONVEYANCES

7 SEC. 2851. LAND CONVEYANCE, NAVAL WEAPONS INDUS8 TRIAL RESERVE PLANT NO. 387, DALLAS,

9 TEXAS.

10 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary of

11 the Navy may convey to the City of Dallas, Texas (in this

12 section referred to as the ‘‘City’’), all right, title, and inter13 est of the United States in and to parcels of real property

14 consisting of approximately 314 acres and comprising the

15 Naval Weapons Industrial Reserve Plant No. 387, Dallas,

16 Texas.

17 (2)(A) As part of the conveyance authorized by para18 graph (1), the Secretary may convey to the City such im19 provements, equipment, fixtures, and other personal prop20 erty located on the parcels referred to in that paragraph

21 as the Secretary determines to be not required by the Navy

22 for other purposes.

23 (B) The Secretary may permit the City to review and

24 inspect the improvements, equipment, fixtures, and other

25 personal property located on the parcels referred to in para-
455

•S 1059 EAH

1 graph (1) for purposes of the conveyance authorized by this

2 paragraph.

3 (b) AUTHORITY TO CONVEY WITHOUT CONSIDER4 ATION.—The conveyance authorized by subsection (a) may

5 be made without consideration if the Secretary determines

6 that the conveyance on that basis would be in the best inter7 ests of the United States.

8 (c) CONDITION OF CONVEYANCE.—The conveyance au9 thorized by subsection (a) shall be subject to the condition

10 that the City—

11 (1) use the parcels, directly or through an agree12 ment with a public or private entity, for economic

13 purposes or such other public purposes as the City de14 termines appropriate; or

15 (2) convey the parcels to an appropriate public

16 entity for use for such purposes.

17 (d) REVERSION.—If, during the 5-year period begin18 ning on the date the Secretary makes the conveyance au19 thorized by subsection (a), the Secretary determines that the

20 conveyed real property is not being used for a purpose spec21 ified in subsection (c), all right, title, and interest in and

22 to the property, including any improvements thereon, shall

23 revert to the United States, and the United States shall have

24 the right of immediate entry onto the property.
456

•S 1059 EAH

1 (e) LIMITATION ON CERTAIN SUBSEQUENT CONVEY2 ANCES.—(1) Subject to paragraph (2), if at any time after

3 the Secretary makes the conveyance authorized by sub4 section (a) the City conveys any portion of the parcels con5 veyed under that subsection to a private entity, the City

6 shall pay to the United States an amount equal to the fair

7 market value (as determined by the Secretary) of the por8 tion conveyed at the time of its conveyance under this sub9 section.

10 (2) Paragraph (1) applies to a conveyance described

11 in that paragraph only if the Secretary makes the convey12 ance authorized by subsection (a) without consideration.

13 (3) The Secretary shall cover over into the General

14 Fund of the Treasury as miscellaneous receipts any

15 amounts paid the Secretary under this subsection.

16 (f) INTERIM LEASE.—(1) Until such time as the real

17 property described in subsection (a) is conveyed by deed

18 under this section, the Secretary may continue to lease the

19 property, together with improvements thereon, to the cur20 rent tenant under the existing terms and conditions of the

21 lease for the property.

22 (2) If good faith negotiations for the conveyance of the

23 property continue under this section beyond the end of the

24 third year of the term of the existing lease for the property,

25 the Secretary shall continue to lease the property to the cur-
457

•S 1059 EAH

1 rent tenant of the property under the terms and conditions

2 applicable to the first three years of the lease of the property

3 pursuant to the existing lease for the property.

4 (g) MAINTENANCE OF PROPERTY.—(1) Subject to

5 paragraph (2), the Secretary shall be responsible for main6 taining the real property to be conveyed under this section

7 in its condition as of the date of the enactment of this Act

8 until such time as the property is conveyed by deed under

9 this section.

10 (2) The current tenant of the property shall be respon11 sible for any maintenance required under paragraph (1)

12 to the extent of the activities of that tenant at the property

13 during the period covered by that paragraph.

14 (h) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. The cost of the survey shall be borne

18 by the City.

19 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the conveyance under subsection (a) as

22 the Secretary considers appropriate to protect the interests

23 of the United States.
458

•S 1059 EAH

1 SEC. 2852. LAND CONVEYANCE, NAVAL AND MARINE CORPS

2 RESERVE CENTER, ORANGE, TEXAS.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

4 Navy may convey, without consideration, to the Orange

5 County Navigation and Port District of Orange County,

6 Texas (in this section referred to as the ‘‘District’’), all

7 right, title, and interest of the United States in and to a

8 parcel of real property, including improvements thereon, at

9 the Naval and Marine Corps Reserve Center in Orange,

10 Texas, which consists of approximately 2.4 acres and con11 tains the facilities designated as Buildings 135 and 163,

12 for the purpose of permitting the District to develop the par13 cel for economic development, educational purposes, and the

14 furtherance of navigation-related commerce.

15 (b) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be conveyed

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. The cost of the survey shall be borne

19 by the District.

20 (c) REVERSIONARY INTEREST.—During the five-year

21 period beginning on the date the Secretary makes the con22 veyance authorized under subsection (a), if the Secretary

23 determines that the conveyed real property is not being used

24 in accordance with the purpose of the conveyance specified

25 in such subsection, all right, title, and interest in and to

26 the property, including any improvements thereon, shall re-
459

•S 1059 EAH

1 vert to the United States, and the United States shall have

2 the right of immediate entry onto the property. Any deter3 mination of the Secretary under this subsection shall be

4 made on the record after an opportunity for a hearing.

5 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec6 retary may require such additional terms and conditions

7 in connection with the conveyance under subsection (a) as

8 the Secretary considers appropriate to protect the interests

9 of the United States.

10 SEC. 2853. LAND CONVEYANCE, MARINE CORPS AIR STA11 TION, CHERRY POINT, NORTH CAROLINA.

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

13 Navy may convey, without consideration, to the State of

14 North Carolina (in this section referred to as the ‘‘State’’),

15 all right, title, and interest of the United States in and to

16 a parcel of unimproved real property consisting of approxi17 mately 20 acres at the Marine Corps Air Station, Cherry

18 Point, North Carolina, for the purpose of permitting the

19 State to develop the parcel for educational purposes.

20 (b) CONDITION OF CONVEYANCE.—The conveyance au21 thorized by subsection (a) shall be subject to the condition

22 that the State convey to the United States such easements

23 and rights-of-way regarding the parcel as the Secretary con24 siders necessary to ensure use of the parcel by the State is

25 compatible with the use of the Marine Corps Air Station.
460

•S 1059 EAH

1 (c) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be conveyed

3 under subsection (a) shall be determined by a survey satis4 factory to the Secretary. The cost of the survey shall be borne

5 by the State.

6 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions

8 in connection with the conveyance under subsection (a) as

9 the Secretary considers appropriate to protect the interests

10 of the United States.

11 PART III—AIR FORCE CONVEYANCES

12 SEC. 2861. CONVEYANCE OF FUEL SUPPLY LINE, PEASE AIR

13 FORCE BASE, NEW HAMPSHIRE.

14 (a) CONVEYANCE AUTHORIZED.—In conjunction with

15 the disposal of property at former Pease Air Force Base,

16 New Hampshire, under the Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of Public Law

18 101–510; 10 U.S.C. 2687 note), the Secretary of the Air

19 Force may convey to the redevelopment authority for Pease

20 Air Force Base all right, title, and interest of the United

21 States in and to the deactivated fuel supply line at Pease

22 Air Force Base, including the approximately 14.87 acres

23 of real property associated with such supply line.

24 (b) CONDITION OF CONVEYANCE.—The conveyance au25 thorized by subsection (a) may only be made if the redevel-
461

•S 1059 EAH

1 opment authority agrees to make the fuel supply line avail2 able for use by the New Hampshire Air National Guard

3 under terms and conditions acceptable to the Secretary.

4 (c) DESCRIPTION OF PROPERTY.—The exact acreage

5 and legal description of the real property to be conveyed

6 under subsection (a) shall be determined by a survey satis7 factory to the Secretary. The cost of the survey shall be borne

8 by the redevelopment authority.

9 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions

11 in connection with the conveyance under subsection (a) as

12 the Secretary considers appropriate to protect the interests

13 of the United States.

14 SEC. 2862. LAND CONVEYANCE, TYNDALL AIR FORCE BASE,

15 FLORIDA.

16 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

17 Air Force may convey to Panama City, Florida (in this

18 section referred to as the ‘‘City’’), all right, title, and inter19 est, of the United States in and to a parcel of real property,

20 including improvements thereon, consisting of approxi21 mately 33.07 acres in Bay County, Florida, and containing

22 the military family housing project for Tyndall Air Force

23 Base known as Cove Garden.

24 (b) CONSIDERATION.—As consideration for the convey25 ance under subsection (a), the City shall pay to the United
462

•S 1059 EAH

1 States an amount equal to the fair market value of the real

2 property to be conveyed, as determined by the Secretary.

3 (c) USE OF PROCEEDS.—In such amounts as are pro4 vided in advance in appropriations Acts, the Secretary may

5 use the funds paid by the City under subsection (b) to con6 struct or improve military family housing units at Tyndall

7 Air Force Base and to improve ancillary supporting facili8 ties related to such housing.

9 (d) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey satis12 factory to the Secretary. The cost of the survey shall be borne

13 by the City.

14 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the conveyance under subsection (a) as

17 the Secretary considers appropriate to protect the interests

18 of the United States.

19 SEC. 2863. LAND CONVEYANCE, PORT OF ANCHORAGE,

20 ALASKA.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

22 Air Force and the Secretary of the Interior may convey,

23 without consideration, to the Port of Anchorage, an entity

24 of the City of Anchorage, Alaska (in this section referred

25 to as the ‘‘Port’’), all right, title, and interest of the United
463

•S 1059 EAH

1 States in and to two parcels of real property, including im2 provements thereon, consisting of a total of approximately

3 14.22 acres located adjacent to the Port of Anchorage Ma4 rine Industrial Park in Anchorage, Alaska, and leased by

5 the Port from the Department of the Air Force and the Bu6 reau of Land Management.

7 (b) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a) shall be determined by a survey satis10 factory to the Secretary of the Air Force and the Secretary

11 of the Interior. The cost of the survey shall be borne by the

12 Port.

13 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary of the Air Force and the Secretary of the Interior

15 may require such additional terms and conditions in con16 nection with the conveyance under subsection (a) as the Sec17 retaries considers appropriate to protect the interests of the

18 United States.

19 SEC. 2864. LAND CONVEYANCE, FORESTPORT TEST ANNEX,

20 NEW YORK.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

22 Air Force may convey, without consideration, to the Town

23 of Ohio, New York (in this section referred to as the

24 ‘‘Town’’), all right, title, and interest, of the United States

25 in and to a parcel of real property, including improvements
464

•S 1059 EAH

1 thereon, consisting of approximately 164 acres in Herkimer

2 County, New York, and approximately 18 acres in Oneida

3 County, New York, and containing the Forestport Test

4 Annex for the purpose of permitting the Town to develop

5 the parcel for economic purposes and to further the provi6 sion of municipal services.

7 (b) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a) shall be determined by a survey satis10 factory to the Secretary. The cost of the survey shall be borne

11 by the Town.

12 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions

14 in connection with the conveyance under subsection (a) as

15 the Secretary considers appropriate to protect the interests

16 of the United States.

17 SEC. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RA18 DIATION CENTER, CALIFORNIA.

19 (a) CONVEYANCE AUTHORIZED.—Consistent with ap20 plicable laws, including section 120 of the Comprehensive

21 Environmental Response, Compensation, and Liability Act

22 of 1980 (42 U.S.C. 9620), the Secretary of the Air Force

23 may convey, without consideration, to the Regents of the

24 University of California, acting on behalf of the University

25 of California, Davis (in this section referred to as the ‘‘Re-
465

•S 1059 EAH

1 gents’’), all right, title, and interest of the United States

2 in and to the parcel of real property, including improve3 ments thereon, consisting of the McClellan Nuclear Radi4 ation Center, California.

5 (b) INSPECTION OF PROPERTY.—The Secretary shall,

6 at an appropriate time before the conveyance authorized by

7 subsection (a), permit the Regents access to the property

8 to be conveyed for purposes of such investigation of the

9 McClellan Nuclear Radiation Center and the atomic reactor

10 located at the Center as the Regents consider appropriate.

11 (c) HOLD HARMLESS.—(1)(A) The Secretary may not

12 make the conveyance authorized by subsection (a) unless the

13 Regents agree to indemnify and hold harmless the United

14 States for and against the following:

15 (i) Any and all costs associated with the decon16 tamination and decommissioning of the atomic reac17 tor at the McClellan Nuclear Radiation Center under

18 requirements that are imposed by the Nuclear Regu19 latory Commission or any other appropriate Federal

20 or State regulatory agency.

21 (ii) Any and all injury, damage, or other liabil22 ity arising from the operation of the atomic reactor

23 after its conveyance under this section.

24 (B) The Secretary may pay the Regents an amount

25 not exceed $17,593,000 as consideration for the agreement
466

•S 1059 EAH

1 under subparagraph (A). Notwithstanding subsection (b) of

2 section 2906 of the Defense Base Closure and Realignment

3 Act of 1990 (part A of title XXIX of Public Law 101–510;

4 10 U.S.C. 2687 note), the Secretary may use amounts ap5 propriated pursuant to the authorization of appropriation

6 in section 2405(a)(7) to make the payment under this sub7 paragraph.

8 (2) Notwithstanding the agreement under paragraph

9 (1), the Secretary may, as part of the conveyance authorized

10 by subsection (a), enter into an agreement with the Regents

11 under which agreement the United States shall indemnify

12 and hold harmless the University of California for and

13 against any injury, damage, or other liability in connection

14 with the operation of the atomic reactor at the McClellan

15 Nuclear Radiation Center after its conveyance under this

16 section that arises from a defect in the atomic reactor that

17 could not have been discovered in the course of the inspec18 tion carried out under subsection (b).

19 (d) CONTINUING OPERATION OF REACTOR.—Until

20 such time as the property authorized to be conveyed by sub21 section (a) is conveyed by deed, the Secretary shall take ap22 propriate actions, including the allocation of personnel,

23 funds, and other resources, to ensure the continuing oper24 ation of the atomic reactor located at the McClellan Nuclear

25 Radiation Center in accordance with applicable require-
467

•S 1059 EAH

1 ments of the Nuclear Regulatory Commission and otherwise

2 in accordance with law.

3 (e) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be borne

7 by the Secretary.

8 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under subsection (a) as

11 the Secretary considers appropriate to protect the interests

12 of the United States.

13 Subtitle E—Other Matters

14 SEC. 2871. EXPANSION OF ARLINGTON NATIONAL CEME15 TERY.

16 (a) LAND TRANSFER, NAVY ANNEX, ARLINGTON, VIR17 GINIA.—

18 (1) IN GENERAL.—The Secretary of Defense shall

19 provide for the transfer to the Secretary of the Army

20 of administrative jurisdiction over the following par21 cels of land situated in Arlington, Virginia:

22 (A) Certain lands which comprise approxi23 mately 26 acres bounded by Columbia Pike to

24 the south and east, Oak Street to the west, and
468

•S 1059 EAH

1 the boundary wall of Arlington National Ceme2 tery to the north including Southgate Road.

3 (B) Certain lands which comprise approxi4 mately 8 acres bounded by Shirley Memorial

5 Boulevard (Interstate 395) to the south, property

6 of the Virginia Department of Transportation to

7 the west, Columbia Pike to the north, and Joyce

8 Street to the east.

9 (C) Certain lands which comprise approxi10 mately 2.5 acres bounded by Shirley Memorial

11 Boulevard (Interstate 395) to the south, Joyce

12 Street to the west, Columbia Pike to the north,

13 and the cloverleaf interchange of Route 100 and

14 Columbia Pike to the east.

15 (2) USE OF LAND.—The Secretary of the Army

16 shall incorporate the parcels of land transferred under

17 paragraph (1) into Arlington National Cemetery.

18 (3) REMEDIATION OF LAND FOR CEMETERY

19 USE.—Before the transfer of administrative jurisdic20 tion over the parcels of land under paragraph (1), the

21 Secretary of Defense shall provide for the removal of

22 any improvements on the parcels of land and, in con23 sultation with the Superintendent of Arlington Na24 tional Cemetery, the preparation of the land for use
469

•S 1059 EAH

1 for interment of remains of individuals in Arlington

2 National Cemetery.

3 (4) NEGOTIATION WITH LOCAL OFFICIALS.—Be4 fore the transfer of administrative jurisdiction over

5 the parcels of land under paragraph (1), the Sec6 retary of Defense shall enter into negotiations with

7 appropriate State and local officials to acquire any

8 real property, under the jurisdiction of such officials,

9 that separates such parcels of land from each other.

10 (5) REPORT.—Not later than 180 days after the

11 date of the enactment of this Act, the Secretary of De12 fense shall submit to Congress a report explaining in

13 detail the measures required to prepare the land for

14 use as a part of Arlington National Cemetery.

15 (6) DEADLINE.—The Secretary of Defense shall

16 complete the transfer of administrative jurisdiction

17 over the parcels of land under this subsection not later

18 than the earlier of—

19 (A) January 1, 2010; or

20 (B) the date when those parcels are no

21 longer required (as determined by the Secretary)

22 for use as temporary office space due to the ren23 ovation of the Pentagon.

24 (b) MODIFICATION OF BOUNDARY OF ARLINGTON NA25 TIONAL CEMETERY.—
470

•S 1059 EAH

1 (1) IN GENERAL.—The Secretary of the Army

2 shall modify the boundary of Arlington National

3 Cemetery to include the following parcels of land situ4 ated in Fort Myer, Arlington, Virginia:

5 (A) Certain lands which comprise approxi6 mately 5 acres bounded by the Fort Myer Post

7 Traditional Chapel to the southwest, McNair

8 Road to the northwest, the Vehicle Maintenance

9 Complex to the northeast, and the masonry wall

10 of Arlington National Cemetery to the southeast.

11 (B) Certain lands which comprise approxi12 mately 3 acres bounded by the Vehicle Mainte13 nance Complex to the southwest, Jackson Avenue

14 to the northwest, the water pumping station to

15 the northeast, and the masonry wall of Arlington

16 National Cemetery to the southeast.

17 (2) REPORT.—Not later than 180 days after the

18 date of the enactment of this Act, the Secretary of the

19 Army shall submit to Congress a report describing

20 additional parcels of land located in Fort Myer, Ar21 lington, Virginia, that may be suitable for use to ex22 pand Arlington National Cemetery.

23 (3) SURVEY.—The Secretary of the Army may

24 determine the exact acreage and legal description of
471

•S 1059 EAH

1 the parcels of land described in paragraph (1) by a

2 survey.

3 DIVISION C—DEPARTMENT OF

4 ENERGY NATIONAL SECURITY

5 AUTHORIZATIONS AND

6 OTHER AUTHORIZATIONS

7 TITLE XXXI—DEPARTMENT OF

8 ENERGY NATIONAL SECURITY

9 PROGRAMS

10 Subtitle A—National Security

11 Programs Authorizations

12 SEC. 3101. WEAPONS ACTIVITIES.

13 Funds are hereby authorized to be appropriated to the

14 Department of Energy for fiscal year 2000 for weapons ac15 tivities in carrying out programs necessary for national se16 curity in the amount of $4,541,500,000, to be allocated as

17 follows:

18 (1) STOCKPILE STEWARDSHIP.—Funds are here19 by authorized to be appropriated to the Department

20 of Energy for fiscal year 2000 for stockpile steward21 ship in carrying out weapons activities necessary for

22 national security programs in the amount of

23 $2,258,700,000, to be allocated as follows:

24 (A) For core stockpile stewardship,

25 $1,763,500,000, to be allocated as follows:
472

•S 1059 EAH

1 (i) For operation and maintenance,

2 $1,640,355,000.

3 (ii) For plant projects (including

4 maintenance, restoration, planning, con5 struction, acquisition, modification of fa6 cilities, and the continuation of projects au7 thorized in prior years, and land acquisi8 tion related thereto), $123,145,000, to be al9 located as follows:

10 Project 00–D–103, terascale sim11 ulation facility, Lawrence Livermore

12 National Laboratory, Livermore, Cali13 fornia, $8,000,000.

14 Project 00–D–105, strategic com15 puting complex, Los Alamos National

16 Laboratory, Los Alamos, New Mexico,

17 $26,000,000.

18 Project 00–D–107, joint computa19 tional engineering laboratory, Sandia

20 National Laboratories, Albuquerque,

21 New Mexico, $1,800,000.

22 Project 99–D–102, rehabilitation

23 of maintenance facility, Lawrence

24 Livermore National Laboratory, Liver25 more, California, $3,900,000.
473

•S 1059 EAH

1 Project 99–D–103, isotope sciences

2 facilities, Lawrence Livermore Na3 tional Laboratory, Livermore, Cali4 fornia, $2,000,000.

5 Project 99–D–104, protection of

6 real property (roof reconstruction,

7 Phase II), Lawrence Livermore Na8 tional Laboratory, Livermore, Cali9 fornia, $2,400,000.

10 Project 99–D–105, central health

11 physics calibration facility, Los Ala12 mos National Laboratory, Los Alamos,

13 New Mexico, $1,000,000.

14 Project 99–D–106, model valida15 tion and system certification test cen16 ter, Sandia National Laboratories, Al17 buquerque, New Mexico, $6,500,000.

18 Project 99–D–108, renovate exist19 ing roadways, Nevada Test Site, Ne20 vada, $7,005,000.

21 Project 97–D–102, dual-axis radi22 ographic hydrotest facility, Los Alamos

23 National Laboratory, Los Alamos, New

24 Mexico, $61,000,000.
474

•S 1059 EAH

1 Project 96–D–102, stockpile stew2 ardship facilities revitalization, Phase

3 VI, various locations, 2,640,000.

4 Project 96–D–104, processing and

5 environmental technology laboratory,

6 Sandia National Laboratories, Albu7 querque, New Mexico, $10,900,000.

8 (iii) The total amount authorized to be

9 appropriated pursuant to clause (ii) is the

10 sum of the amounts authorized to be appro11 priated in that clause, reduced by

12 $10,000,000.

13 (B) For inertial fusion, $475,700,000, to be

14 allocated as follows:

15 (i) For operation and maintenance,

16 $227,600,000.

17 (ii) For the following plant project (in18 cluding maintenance, restoration, planning,

19 construction, acquisition, and modification

20 of facilities, and land acquisition related

21 thereto), $248,100,000, to be allocated as fol22 lows:

23 Project 96–D–111, national igni24 tion facility, Lawrence Livermore Na-
475

•S 1059 EAH

1 tional Laboratory, Livermore, Cali2 fornia, $248,100,000.

3 (C) For technology partnership and edu4 cation, $19,500,000, to be allocated for tech5 nology partnership only.

6 (2) STOCKPILE MANAGEMENT.—Funds are here7 by authorized to be appropriated to the Department

8 of Energy for fiscal year 2000 for stockpile manage9 ment in carrying out weapons activities necessary for

10 national security programs in the amount of

11 $2,046,300,000, to be allocated as follows:

12 (A) For operation and maintenance,

13 $1,897,621,000.

14 (B) For plant projects (including mainte15 nance, restoration, planning, construction, ac16 quisition, modification of facilities, and the con17 tinuation of projects authorized in prior years,

18 and land acquisition related thereto),

19 $148,679,000, to be allocated as follows:

20 Project 99–D–122, rapid reactivation,

21 various locations, $11,700,000.

22 Project 99–D–127, stockpile manage23 ment restructuring initiative, Kansas City

24 Plant, Kansas City, Missouri, $17,000,000.
476

•S 1059 EAH

1 Project 99–D–128, stockpile manage2 ment restructuring initiative, Pantex Plant

3 consolidation, Amarillo, Texas, $3,429,000.

4 Project 99–D–132, stockpile manage5 ment restructuring initiative, nuclear mate6 rial safeguards and security upgrades

7 project, Los Alamos National Laboratory,

8 Los Alamos, New Mexico, $11,300,000.

9 Project 98–D–123, stockpile manage10 ment restructuring initiative, tritium facil11 ity modernization and consolidation, Sa12 vannah River Plant, Aiken, South Caro13 lina, $21,800,000.

14 Project 98–D–124, stockpile manage15 ment restructuring initiative, Y–12 Plant

16 consolidation, Oak Ridge, Tennessee,

17 $3,150,000.

18 Project 98–D–125, tritium extraction

19 facility, Savannah River Plant, Aiken,

20 South Carolina, $33,000,000.

21 Project 98–D–126, accelerator produc22 tion of tritium, various locations,

23 $31,000,000.
477

•S 1059 EAH

1 Project 97–D–123, structural upgrades,

2 Kansas City Plant, Kansas City, Missouri,

3 $4,800,000.

4 Project 95–D–102, chemistry and met5 allurgy research upgrades project, Los Ala6 mos National Laboratory, Los Alamos, New

7 Mexico, $18,000,000.

8 Project 88–D–123, security enhance9 ments, Pantex Plant, Amarillo, Texas,

10 $3,500,000.

11 (C) The total amount authorized to be ap12 propriated pursuant to subparagraph (B) is the

13 sum of the amounts authorized to be appro14 priated in that subparagraph, reduced by

15 $10,000,000.

16 (3) PROGRAM DIRECTION.—Funds are hereby

17 authorized to be appropriated to the Department of

18 Energy for fiscal year 2000 for program direction in

19 carrying out weapons activities necessary for national

20 security programs in the amount of $236,500,000.

21 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

22 WASTE MANAGEMENT.

23 (a) IN GENERAL.—Funds are hereby authorized to be

24 appropriated to the Department of Energy for fiscal year

25 2000 for environmental restoration and waste management
478

•S 1059 EAH

1 in carrying out programs necessary for national security

2 in the amount of $5,652,368,000, to be allocated as follows:

3 (1) CLOSURE PROJECTS.—For closure projects

4 carried out in accordance with section 3143 of the

5 National Defense Authorization Act for Fiscal Year

6 1997 (Public Law 104–201; 110 Stat. 2836; 42

7 U.S.C. 7274n) in the amount of $1,092,492,000.

8 (2) SITE PROJECT AND COMPLETION.—For site

9 project and completion in carrying out environmental

10 restoration and waste management activities nec11 essary for national security programs in the amount

12 of $1,006,419,000, to be allocated as follows:

13 (A) For operation and maintenance,

14 $918,129,000.

15 (B) For plant projects (including mainte16 nance, restoration, planning, construction, ac17 quisition, modification of facilities, and the con18 tinuation of projects authorized in prior years,

19 and land acquisition related thereto),

20 $88,290,000, to be allocated as follows:

21 Project 99–D–402, tank farm support

22 services, F&H areas, Savannah River Site,

23 Aiken, South Carolina, $3,100,000.
479

•S 1059 EAH

1 Project 99–D–404, health physics in2 strumentation laboratory, Idaho National

3 Engineering Laboratory, Idaho, $7,200,000.

4 Project 98–D–401, H-tank farm storm

5 water systems upgrade, Savannah River

6 Site, Aiken, South Carolina, $2,977,000.

7 Project 98–D–453, plutonium sta8 bilization and handling system for pluto9 nium finishing plant, Richland, Wash10 ington, $16,860,000.

11 Project 98–D–700, road rehabilitation,

12 Idaho National Engineering Laboratory,

13 Idaho, $2,590,000.

14 Project 97–D–450, Actinide packaging

15 and storage facility, Savannah River Site,

16 Aiken, South Carolina, $4,000,000.

17 Project 97–D–470, regulatory moni18 toring and bioassay laboratory, Savannah

19 River Site, Aiken, South Carolina,

20 $12,220,000.

21 Project 96–D–406, spent nuclear fuels

22 canister storage and stabilization facility,

23 Richland, Washington, $24,441,000.

24 Project 96–D–464, electrical and util25 ity systems upgrade, Idaho Chemical Proc-
480

•S 1059 EAH

1 essing Plant, Idaho National Engineering

2 Laboratory, Idaho, $11,971,000.

3 Project 96–D–471, chlorofluorocarbon

4 heating, ventilation, and air conditioning

5 and chiller retrofit, Savannah River Site,

6 Aiken, South Carolina, $931,000.

7 Project 86–D–103, decontamination

8 and waste treatment facility, Lawrence

9 Livermore National Laboratory, Livermore,

10 California, $2,000,000.

11 (3) POST-2006 COMPLETION.—For post-2006

12 project completion in carrying out environmental res13 toration and waste management activities necessary

14 for national security programs in the amount of

15 $3,005,848,000, to be allocated as follows:

16 (A) For operation and maintenance,

17 $2,951,297,000.

18 (B) For plant projects (including mainte19 nance, restoration, planning, construction, ac20 quisition, modification of facilities, and the con21 tinuation of projects authorized in prior years,

22 and land acquisition related thereto),

23 $54,551,000, to be allocated as follows:

24 Project 00–D–401, spent nuclear fuel

25 treatment and storage facility, Title I and
481

•S 1059 EAH

1 II, Savannah River Site, Aiken, South

2 Carolina, $7,000,000.

3 Project 99–D–403, privatization phase

4 I infrastructure support, Richland, Wash5 ington, $13,988,000.

6 Project 97–D–402, tank farm restora7 tion and safe operations, Richland, Wash8 ington, $20,516,000.

9 Project 94–D–407, initial tank re10 trieval systems, Richland, Washington,

11 $4,060,000.

12 Project 93–D–187, high-level waste re13 moval from filled waste tanks, Savannah

14 River Site, Aiken, South Carolina,

15 $8,987,000.

16 (4) SCIENCE AND TECHNOLOGY.—For science

17 and technology in carrying out environmental res18 toration and waste management activities necessary

19 for national security programs in the amount of

20 $240,500,000.

21 (5) PROGRAM DIRECTION.—For program direc22 tion in carrying out environmental restoration and

23 waste management activities necessary for national

24 security programs in the amount of $327,109,000.
482

•S 1059 EAH

1 (b) EXPLANATION OF ADJUSTMENT.—The amount au2 thorized to be appropriated in subsection (a) is the sum

3 of the amounts authorized to be appropriated in paragraphs

4 (1) through (5) of that subsection reduced by $20,000,000,

5 to be derived from environmental restoration and waste

6 management, environment, safety, and health programs.

7 SEC. 3103. OTHER DEFENSE ACTIVITIES.

8 Funds are hereby authorized to be appropriated to the

9 Department of Energy for fiscal year 2000 for other defense

10 activities in carrying out programs necessary for national

11 security in the amount of $1,772,459,000, to be allocated

12 as follows:

13 (1) NONPROLIFERATION AND NATIONAL SECU14 RITY.—For nonproliferation and national security,

15 $658,200,000, to be allocated as follows:

16 (A) For verification and control technology,

17 $454,000,000, to be allocated as follows:

18 (i) For nonproliferation and

19 verification research and development,

20 $221,000,000, to be allocated as follows:

21 (I) For operation and mainte22 nance, $215,000,000.

23 (II) For plant projects (including

24 maintenance, restoration, planning,

25 construction, acquisition, modification
483

•S 1059 EAH

1 of facilities, and the continuation of

2 projects authorized in prior years, and

3 land acquisition related thereto),

4 $6,000,000, to be allocated as follows:

5 Project 00–D–192, non6 proliferation and international se7 curity center, Los Alamos Na8 tional Laboratory, Los Alamos,

9 New Mexico, $6,000,000.

10 (ii) For arms control, $233,000,000.

11 (B) For nuclear safeguards and security,

12 $59,100,000.

13 (C) For international nuclear safety,

14 $15,300,000.

15 (D) For security investigations,

16 $10,000,000.

17 (E) For emergency management,

18 $21,000,000.

19 (F) For highly enriched uranium trans20 parency implementation, $15,750,000.

21 (G) For program direction, $83,050,000.

22 (2) INTELLIGENCE.—For intelligence,

23 $36,059,000.

24 (3) COUNTERINTELLIGENCE.—For counterintel25 ligence, $31,200,000.
484

•S 1059 EAH

1 (4) WORKER AND COMMUNITY TRANSITION.—For

2 worker and community transition, $20,000,000.

3 (5) FISSILE MATERIALS CONTROL AND DISPOSI4 TION.—For fissile materials control and disposition,

5 $239,000,000, to be allocated as follows:

6 (A) For operation and maintenance,

7 $168,766,000.

8 (B) For program direction, $7,343,000.

9 (C) For plant projects (including mainte10 nance, restoration, planning, construction, ac11 quisition, modification of facilities, and the con12 tinuation of projects authorized in prior years,

13 and land acquisition related thereto),

14 $62,891,000, to be allocated as follows:

15 Project 00–D–142, immobilization and

16 associated processing facility, various loca17 tions, $21,765,000.

18 Project 99–D–141, pit disassembly and

19 conversion facility, various locations,

20 $28,751,000.

21 Project 99–D–143, mixed oxide fuel

22 fabrication facility, various locations,

23 $12,375,000.
485

•S 1059 EAH

1 (6) ENVIRONMENT, SAFETY, AND HEALTH.—For

2 environment, safety, and health, defense,

3 $104,000,000, to be allocated as follows:

4 (A) For the Office of Environment, Safety,

5 and Health (Defense), $79,231,000.

6 (B) For program direction, $24,769,000.

7 (7) OFFICE OF HEARINGS AND APPEALS.—For

8 the Office of Hearings and Appeals, $3,000,000.

9 (8) NAVAL REACTORS.—For naval reactors,

10 $681,000,000, to be allocated as follows:

11 (A) For naval reactors development,

12 $660,400,000, to be allocated as follows:

13 (i) For operation and maintenance,

14 $636,400,000.

15 (ii) For plant projects (including

16 maintenance, restoration, planning, con17 struction, acquisition, modification of fa18 cilities, and the continuation of projects au19 thorized in prior years, and land acquisi20 tion related thereto), $24,000,000, to be allo21 cated as follows:

22 GPN–101 general plant projects,

23 various locations, $9,000,000.
486

•S 1059 EAH

1 Project 98–D–200, site laboratory/

2 facility upgrade, various locations,

3 $3,000,000.

4 Project 90–N–102, expended core

5 facility dry cell project, Naval Reactors

6 Facility, Idaho, $12,000,000.

7 (B) For program direction, $20,600,000.

8 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

9 Funds are hereby authorized to be appropriated to the

10 Department of Energy for fiscal year 2000 for payment to

11 the Nuclear Waste Fund established in section 302(c) of the

12 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

13 the amount of $73,000,000.

14 SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRI15 VATIZATION.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated to the Department of Energy for fiscal year

18 2000 for privatization initiatives in carrying out environ19 mental restoration and waste management activities nec20 essary for national security programs in the amount of

21 $228,000,000, to be allocated as follows:

22 Project 98–PVT–2, spent nuclear fuel dry stor23 age, Idaho Falls, Idaho, $5,000,000.
487

•S 1059 EAH

1 Project 98–PVT–5, environmental management

2 and waste disposal, Oak Ridge, Tennessee,

3 $20,000,000.

4 Project 97–PVT–1, tank waste remediation sys5 tem phase I, Hanford, Washington, $106,000,000.

6 Project 97–PVT–2, advanced mixed waste treat7 ment facility, Idaho Falls, Idaho, $110,000,000.

8 Project 97–PVT–3, transuranic waste treatment,

9 Oak Ridge, Tennessee, $12,000,000.

10 (b) EXPLANATION OF ADJUSTMENT.—The amount au11 thorized to be appropriated in subsection (a) is the sum

12 of the amounts authorized to be appropriated for the

13 projects in that subsection reduced by $25,000,000 for use

14 of prior year balances of funds for defense environmental

15 management privatization.

16 SEC. 3106. DEPARTMENT OF ENERGY COUNTERINTEL17 LIGENCE CYBER SECURITY PROGRAM.

18 (a) INCREASED FUNDS FOR COUNTERINTELLIGENCE

19 CYBER SECURITY.—The amounts provided in section 3103

20 in the matter preceding paragraph (1) and in paragraph

21 (3) are each hereby increased by $8,600,000, to be available

22 for Counterintelligence Cyber Security programs.

23 (b) OFFSETTING REDUCTIONS DERIVED FROM CON24 TRACTOR TRAVEL.—(1) The amount provided in section

25 3101 in the matter preceding paragraph (1) (for weapons
488

•S 1059 EAH

1 activities in carrying out programs necessary for national

2 security) is hereby reduced by $4,700,000.

3 (2) The amount provided in section 3102 in the matter

4 preceding paragraph (1) of subsection (a) (for environ5 mental restoration and waste management in carrying out

6 programs necessary for national security) is hereby reduced

7 by $1,900,000.

8 (3) The amount provided in section 3103 in the matter

9 preceding paragraph (1) is hereby reduced by $2,000,000.

10 Subtitle B—Recurring General

11 Provisions

12 SEC. 3121. REPROGRAMMING.

13 (a) IN GENERAL.—Until the Secretary of Energy sub14 mits to the congressional defense committees the report re15 ferred to in subsection (b) and a period of 60 days has

16 elapsed after the date on which such committees receive the

17 report, the Secretary may not use amounts appropriated

18 pursuant to this title for any program—

19 (1) in amounts that exceed, in a fiscal year—

20 (A) 110 percent of the amount authorized

21 for that program by this title; or

22 (B) $1,000,000 more than the amount au23 thorized for that program by this title; or

24 (2) which has not been presented to, or requested

25 of, Congress.
489

•S 1059 EAH

1 (b) REPORT.—(1) The report referred to in subsection

2 (a) is a report containing a full and complete statement

3 of the action proposed to be taken and the facts and cir4 cumstances relied upon in support of such proposed action.

5 (2) In the computation of the 60-day period under sub6 section (a), there shall be excluded any day on which either

7 House of Congress is not in session because of an adjourn8 ment of more than 3 days to a day certain.

9 (c) LIMITATIONS.—(1) In no event may the total

10 amount of funds obligated pursuant to this title exceed the

11 total amount authorized to be appropriated by this title.

12 (2) Funds appropriated pursuant to this title may not

13 be used for an item for which Congress has specifically de14 nied funds.

15 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

16 (a) IN GENERAL.—The Secretary of Energy may carry

17 out any construction project under the general plant

18 projects authorized by this title if the total estimated cost

19 of the construction project does not exceed $5,000,000.

20 (b) REPORT TO CONGRESS.—If, at any time during

21 the construction of any general plant project authorized by

22 this title, the estimated cost of the project is revised because

23 of unforeseen cost variations and the revised cost of the

24 project exceeds $5,000,000, the Secretary shall immediately
490

•S 1059 EAH

1 furnish a complete report to the congressional defense com2 mittees explaining the reasons for the cost variation.

3 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

4 (a) IN GENERAL.—(1) Except as provided in para5 graph (2), construction on a construction project may not

6 be started or additional obligations incurred in connection

7 with the project above the total estimated cost, whenever the

8 current estimated cost of the construction project, which is

9 authorized by section 3101, 3102, or 3103, or which is in

10 support of national security programs of the Department

11 of Energy and was authorized by any previous Act, exceeds

12 by more than 25 percent the higher of—

13 (A) the amount authorized for the project; or

14 (B) the amount of the total estimated cost for the

15 project as shown in the most recent budget justifica16 tion data submitted to Congress.

17 (2) An action described in paragraph (1) may be taken

18 if—

19 (A) the Secretary of Energy has submitted to the

20 congressional defense committees a report on the ac21 tions and the circumstances making such action nec22 essary; and

23 (B) a period of 30 days has elapsed after the

24 date on which the report is received by the commit25 tees.
491

•S 1059 EAH

1 (3) In the computation of the 30-day period under

2 paragraph (2), there shall be excluded any day on which

3 either House of Congress is not in session because of an

4 adjournment of more than 3 days to a day certain.

5 (b) EXCEPTION.—Subsection (a) shall not apply to

6 any construction project which has a current estimated cost

7 of less than $5,000,000.

8 SEC. 3124. FUND TRANSFER AUTHORITY.

9 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—The

10 Secretary of Energy may transfer funds authorized to be

11 appropriated to the Department of Energy pursuant to this

12 title to other Federal agencies for the performance of work

13 for which the funds were authorized. Funds so transferred

14 may be merged with and be available for the same purposes

15 and for the same period as the authorizations of the Federal

16 agency to which the amounts are transferred.

17 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

18 (1) Subject to paragraph (2), the Secretary of Energy may

19 transfer funds authorized to be appropriated to the Depart20 ment of Energy pursuant to this title between any such au21 thorizations. Amounts of authorizations so transferred may

22 be merged with and be available for the same purposes and

23 for the same period as the authorization to which the

24 amounts are transferred.
492

•S 1059 EAH

1 (2) Not more than five percent of any such authoriza2 tion may be transferred between authorizations under para3 graph (1). No such authorization may be increased or de4 creased by more than five percent by a transfer under such

5 paragraph.

6 (c) LIMITATION.—The authority provided by this sec7 tion to transfer authorizations—

8 (1) may only be used to provide funds for items

9 relating to activities necessary for national security

10 programs that have a higher priority than the items

11 from which the funds are transferred; and

12 (2) may not be used to provide funds for an item

13 for which Congress has specifically denied funds.

14 (d) NOTICE TO CONGRESS.—The Secretary of Energy

15 shall promptly notify the Committee on Armed Services of

16 the Senate and the Committee on National Security of the

17 House of Representatives of any transfer of funds to or from

18 authorizations under this title.

19 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC20 TION DESIGN.

21 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

22 Subject to paragraph (2) and except as provided in para23 graph (3), before submitting to Congress a request for funds

24 for a construction project that is in support of a national

25 security program of the Department of Energy, the Sec-
493

•S 1059 EAH

1 retary of Energy shall complete a conceptual design for that

2 project.

3 (2) If the estimated cost of completing a conceptual

4 design for a construction project exceeds $3,000,000, the

5 Secretary shall submit to Congress a request for funds for

6 the conceptual design before submitting a request for funds

7 for the construction project.

8 (3) The requirement in paragraph (1) does not apply

9 to a request for funds—

10 (A) for a construction project the total estimated

11 cost of which is less than $5,000,000; or

12 (B) for emergency planning, design, and con13 struction activities under section 3126.

14 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

15 Within the amounts authorized by this title, the Secretary

16 of Energy may carry out construction design (including ar17 chitectural and engineering services) in connection with

18 any proposed construction project if the total estimated cost

19 for such design does not exceed $600,000.

20 (2) If the total estimated cost for construction design

21 in connection with any construction project exceeds

22 $600,000, funds for such design must be specifically author23 ized by law.
494

•S 1059 EAH

1 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE2 SIGN, AND CONSTRUCTION ACTIVITIES.

3 (a) AUTHORITY.—The Secretary of Energy may use

4 any funds available to the Department of Energy pursuant

5 to an authorization in this title, including those funds au6 thorized to be appropriated for advance planning and con7 struction design under sections 3101, 3102, and 3103, to

8 perform planning, design, and construction activities for

9 any Department of Energy national security program con10 struction project that, as determined by the Secretary, must

11 proceed expeditiously in order to protect public health and

12 safety, to meet the needs of national defense, or to protect

13 property.

14 (b) LIMITATION.—The Secretary may not exercise the

15 authority under subsection (a) in the case of any construc16 tion project until the Secretary has submitted to the con17 gressional defense committees a report on the activities that

18 the Secretary intends to carry out under this section and

19 the circumstances making such activities necessary.

20 (c) SPECIFIC AUTHORITY.—The requirement of section

21 3125(b)(2) does not apply to emergency planning, design,

22 and construction activities conducted under this section.
495

•S 1059 EAH

1 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU2 RITY PROGRAMS OF THE DEPARTMENT OF

3 ENERGY.

4 Subject to the provisions of appropriations Acts and

5 section 3121, amounts appropriated pursuant to this title

6 for management and support activities and for general

7 plant projects are available for use, when necessary, in con8 nection with all national security programs of the Depart9 ment of Energy.

10 SEC. 3128. AVAILABILITY OF FUNDS.

11 (a) IN GENERAL.—Except as provided in subsection

12 (b), when so specified in an appropriations Act, amounts

13 appropriated for operation and maintenance or for plant

14 projects may remain available until expended.

15 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

16 Amounts appropriated for program direction pursuant to

17 an authorization of appropriations in subtitle A shall re18 main available to be expended only until the end of fiscal

19 year 2001.

20 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MAN21 AGEMENT FUNDS.

22 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON23 MENTAL MANAGEMENT FUNDS.—The Secretary of Energy

24 shall provide the manager of each field office of the Depart25 ment of Energy with the authority to transfer defense envi26 ronmental management funds from a program or project
496

•S 1059 EAH

1 under the jurisdiction of the office to another such program

2 or project.

3 (b) LIMITATIONS.—(1) Only one transfer may be made

4 to or from any program or project under subsection (a) in

5 a fiscal year.

6 (2) The amount transferred to or from a program or

7 project under subsection (a) may not exceed $5,000,000 in

8 a fiscal year.

9 (3) A transfer may not be carried out by a manager

10 of a field office under subsection (a) unless the manager

11 determines that the transfer is necessary to address a risk

12 to health, safety, or the environment or to assure the most

13 efficient use of defense environmental management funds at

14 the field office.

15 (4) Funds transferred pursuant to subsection (a) may

16 not be used for an item for which Congress has specifically

17 denied funds or for a new program or project that has not

18 been authorized by Congress.

19 (c) EXEMPTION FROM REPROGRAMMING REQUIRE20 MENTS.—The requirements of section 3121 shall not apply

21 to transfers of funds pursuant to subsection (a).

22 (d) NOTIFICATION.—The Secretary, acting through the

23 Assistant Secretary of Energy for Environmental Manage24 ment, shall notify Congress of any transfer of funds pursu-
497

•S 1059 EAH

1 ant to subsection (a) not later than 30 days after such

2 transfer occurs.

3 (e) DEFINITIONS.—In this section:

4 (1) The term ‘‘program or project’’ means, with

5 respect to a field office of the Department of Energy,

6 any of the following:

7 (A) A program referred to or a project listed

8 in paragraph (2) or (3) of section 3102.

9 (B) A program or project not described in

10 subparagraph (A) that is for environmental res11 toration or waste management activities nec12 essary for national security programs of the De13 partment, that is being carried out by the office,

14 and for which defense environmental manage15 ment funds have been authorized and appro16 priated before the date of the enactment of this

17 Act.

18 (2) The term ‘‘defense environmental manage19 ment funds’’ means funds appropriated to the Depart20 ment of Energy pursuant to an authorization for car21 rying out environmental restoration and waste man22 agement activities necessary for national security pro23 grams.

24 (f) DURATION OF AUTHORITY.—The managers of the

25 field offices of the Department may exercise the authority
498

•S 1059 EAH

1 provided under subsection (a) during the period beginning

2 on October 1, 1999, and ending on September 30, 2000.

3 Subtitle C—Program Authoriza4 tions, Restrictions, and Limita5 tions

6 SEC. 3131. LIMITATION ON USE AT DEPARTMENT OF EN7 ERGY LABORATORIES OF FUNDS APPRO8 PRIATED FOR THE INITIATIVES FOR PRO9 LIFERATION PREVENTION PROGRAM.

10 (a) LIMITATION.—Not more than 25 percent of the

11 funds appropriated for any fiscal year for the program of

12 the Department of Energy known as the Initiatives for Pro13 liferation Prevention Program may be spent at the Depart14 ment of Energy laboratories.

15 (b) EFFECTIVE DATE.—The limitation in subsection

16 (a) applies with respect to funds appropriated for any fiscal

17 year after fiscal year 1999.

18 SEC. 3132. PROHIBITION ON USE FOR PAYMENT OF RUS19 SIAN GOVERNMENT TAXES AND CUSTOMS DU20 TIES OF FUNDS APPROPRIATED FOR THE INI21 TIATIVES FOR PROLIFERATION PREVENTION

22 PROGRAM.

23 Funds appropriated for the program of the Depart24 ment of Energy known as the Initiatives for Proliferation

25 Prevention Program may not be used to pay any tax or
499

•S 1059 EAH

1 customs duty levied by the government of the Russian Fed2 eration.

3 SEC. 3133. MODIFICATION OF LABORATORY-DIRECTED RE4 SEARCH AND DEVELOPMENT TO PROVIDE

5 FUNDS FOR THEATER BALLISTIC MISSILE DE6 FENSE.

7 (a) CONDUCT OF PROGRAMS.—The Secretary of En8 ergy shall ensure that the national laboratories carry out

9 theater ballistic missile defense development programs in

10 accordance with—

11 (1) the memorandum of understanding between

12 the Secretary of Energy and the Secretary of Defense

13 required by section 3131(a) of the National Defense

14 Authorization Act for Fiscal Year 1998 (Public Law

15 105–85; 111 Stat. 2034; 10 U.S.C. 2431 note); and

16 (2) such regulations as the Secretary of Energy

17 may prescribe.

18 (b) FUNDING.—Of the funds provided by the Depart19 ment of Energy to the national laboratories for national

20 security activities, the Secretary of Energy shall provide a

21 specific amount, equal to 3 percent of such funds, to be used

22 by such laboratories for theater ballistic missile defense de23 velopment programs.

24 (c) NATIONAL LABORATORIES.—For purposes of this

25 section, the term ‘‘national laboratories’’ has the meaning
500

•S 1059 EAH

1 given such term in section 3131(d) of the National Defense

2 Authorization Act for Fiscal Year 1998 (Public Law 105–

3 85; 111 Stat. 2034; 10 U.S.C. 2431 note).

4 (d) KINETIC ENERGY WARHEAD PROGRAMS.—(1) Not5 withstanding subsection (a), during fiscal year 2000 the

6 Secretary of Energy shall use the funds required to be made

7 available pursuant to subsection (b) for theater ballistic

8 missile defense development programs for the purpose of the

9 development and test of advanced kinetic energy ballistic

10 missile defense warheads based on advanced explosive tech11 nology, the designs of which—

12 (A) are compatible with the Army Theater High13 Altitude Area-Wide Defense (THAAD) system, the

14 Navy Theater Wide system, the Navy Area Defense

15 system, and the Patriot Advanced Capability–3

16 (PAC–3) system; and

17 (B) will be available for ground lethality testing

18 not later than one year after the date of the enact19 ment of this Act.

20 (2) Of the funds made available for purposes of para21 graph (1), one-half shall be made available for work at Los

22 Alamos National Laboratory and one-half shall be made

23 available for work at Lawrence Livermore National Lab24 oratory.
501

•S 1059 EAH

1 (3) If the Secretary does not use the full amount re2 ferred to in paragraph (1) for the purposes stated in that

3 paragraph, the remainder of such amount shall be used in

4 accordance with subsection (a).

5 (e) REDUCTION IN LABORATORY-DIRECTED RESEARCH

6 AND DEVELOPMENT PROGRAMS.—Subsection (c) of section

7 3132 of the National Defense Authorization Act for Fiscal

8 Year 1991 (42 U.S.C. 7257a) is amended by striking ‘‘6

9 percent’’ and inserting ‘‘3 percent’’.

10 SEC. 3134. SUPPORT OF THEATER BALLISTIC MISSILE DE11 FENSE ACTIVITIES OF THE DEPARTMENT OF

12 DEFENSE.

13 (a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MIS14 SILE DEFENSE ACTIVITIES.—Of the amounts authorized to

15 be appropriated to the Department of Energy pursuant to

16 section 3101, $30,000,000 shall be available only for re17 search, development, and demonstration activities to sup18 port the mission of the Ballistic Missile Defense Organiza19 tion of the Department of Defense, including the following

20 activities:

21 (1) Technology development, concept demonstra22 tion, and integrated testing to improve reliability and

23 reduce risk in hit-to-kill interceptors for theater bal24 listic missile defense.
502

•S 1059 EAH

1 (2) Support for science and engineering teams to

2 address technical problems identified by the Director

3 of the Ballistic Missile Defense Organization as crit4 ical to acquisition of a theater ballistic missile defense

5 capability.

6 (b) MEMORANDUM OF UNDERSTANDING.—The activi7 ties referred to in subsection (a) shall be carried out under

8 the memorandum of understanding entered into by the Sec9 retary of Energy and the Secretary of Defense for the use

10 of national laboratories for ballistic missile defense pro11 grams, as required by section 3131 of the National Defense

12 Authorization Act for Fiscal Year 1998 (Public Law 105–

13 85; 111 Stat. 2034).

14 (c) METHOD OF FUNDING.—Funds for activities re15 ferred to in subsection (a) may be provided—

16 (1) by direct payment from funds available pur17 suant to subsection (a); or

18 (2) in the case of such an activity carried out by

19 a national laboratory but paid for by the Ballistic

20 Missile Defense Organization, through a method

21 under which the Secretary of Energy waives any re22 quirement for the Department of Defense to pay any

23 indirect expenses (including overhead and federal ad24 ministrative charges) of the Department of Energy or

25 its contractors.
503

•S 1059 EAH

1 Subtitle D—Commission on Nuclear

2 Weapons Management

3 SEC. 3151. ESTABLISHMENT OF COMMISSION.

4 (a) ESTABLISHMENT.—There is hereby established a

5 commission to be known as the ‘‘Commission on Nuclear

6 Weapons Management’’ (hereinafter in this subtitle referred

7 to as the ‘‘Commission’’).

8 (b) COMPOSITION.—The Commission shall be composed

9 of nine members, appointed as follows:

10 (1) Two members shall be appointed by the

11 chairman of the Committee on Armed Services of the

12 House of Representatives.

13 (2) Two members shall be appointed by the rank14 ing minority party member of the Committee on

15 Armed Services of the House of Representatives.

16 (3) Two members shall be appointed by the

17 chairman of the Committee on Armed Services of the

18 Senate.

19 (4) Two members shall be appointed by the rank20 ing minority party member of the Committee on

21 Armed Services of the Senate.

22 (5) One member, who shall serve as chairman of

23 the Commission, shall be appointed by the chairman

24 of the Committee on Armed Services of the House of

25 Representatives and the chairman of the Committee
504

•S 1059 EAH

1 on Armed Services of the Senate, acting jointly, in

2 consultation with the ranking minority party member

3 of the Committee on Armed Services of the House of

4 Representatives and the ranking minority party

5 member of the Committee on Armed Services of the

6 Senate.

7 (c) QUALIFICATIONS.—Members of the Commission

8 shall be appointed from among private United States citi9 zens with knowledge and expertise in nuclear weapons pol10 icy, organization, and management matters.

11 (d) PERIOD OF APPOINTMENT; VACANCIES.—Members

12 shall be appointed for the life of the Commission. Any va13 cancy in the Commission shall be filled in the same manner

14 as the original appointment.

15 (e) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

16 appointments to the Commission shall be made not later

17 than 30 days after the date of the enactment of this Act.

18 (2) The Commission shall convene its first meeting not

19 later than 30 days after the date on which all members of

20 the Commission have been appointed.

21 (f) SECURITY CLEARANCES.—The Secretary of Defense

22 shall expedite the processing of appropriate security clear23 ances for members of the Commission.
505

•S 1059 EAH

1 SEC. 3152. DUTIES OF COMMISSION.

2 (a) IN GENERAL.—The Commission shall examine the

3 organizational and management structures within the De4 partment of Energy and the Department of Defense that

5 are responsible for the following, as they pertain to nuclear

6 weapons:

7 (1) Development of nuclear weapons policy and

8 standards.

9 (2) Generation of requirements.

10 (3) Inspection and certification of the nuclear

11 stockpile.

12 (4) Research, development, and design.

13 (5) Manufacture, assembly, disassembly, refur14 bishment, surveillance, and storage.

15 (6) Operation and maintenance.

16 (7) Construction.

17 (8) Sustainment and development of high-quality

18 personnel.

19 (b) STRUCTURES.—The organizational and manage20 ment structures to be examined under subsection (a) shall

21 include the following:

22 (1) The management headquarters of the Depart23 ment of Energy, the Department of Defense, the mili24 tary departments, and defense agencies.
506

•S 1059 EAH

1 (2) Headquarters support activities of the De2 partment of Energy, the Department of Defense, the

3 military departments, and defense agencies.

4 (3) The acquisition organizations in the Depart5 ment of Energy and the Department of Defense.

6 (4) The nuclear weapons complex, including the

7 nuclear weapons laboratories, the nuclear weapons

8 production facilities, and defense environmental reme9 diation sites.

10 (5) The Nuclear Weapons Council and its stand11 ing committee.

12 (6) The United States Strategic Command.

13 (7) The Defense Threat Reduction Agency.

14 (8) Policy-oriented elements of the Government

15 that affect the management of nuclear weapons, in16 cluding the following:

17 (A) The National Security Council.

18 (B) The Arms Control and Disarmament

19 Agency.

20 (C) The Office of the Under Secretary of De21 fense for Policy.

22 (D) The office of the Deputy Chief of Staff

23 of the Air Force for Air and Space Operations.

24 (E) The office of the Deputy Chief of Naval

25 Operations for Plans, Policy, and Operations.
507

•S 1059 EAH

1 (F) The headquarters of each combatant

2 command (in addition to the United States

3 Strategic Command) that has nuclear weapons

4 responsibilities.

5 (G) Such other organizations as the Com6 mission determines appropriate to include.

7 (c) EVALUATIONS.—In carrying out its duties, the

8 Commission shall—

9 (1) evaluate the rationale for current manage10 ment and organization structures, and the relation11 ship among the entities within those structures;

12 (2) evaluate the efficiency and effectiveness of

13 those structures; and

14 (3) propose and evaluate alternative organiza15 tional and management structures, including alter16 natives that would transfer authorities of the Depart17 ment of Energy for the defense program and defense

18 environmental management to the Department of De19 fense.

20 (d) COOPERATION FROM GOVERNMENT OFFICIALS.—

21 In carrying out its duties, the Commission should receive

22 the full and timely cooperation of the Secretary of Defense,

23 the Secretary of Energy, and any other United States Gov24 ernment official responsible for providing the Commission
508

•S 1059 EAH

1 with analyses, briefings, and other information necessary

2 for the fulfillment of its responsibilities.

3 SEC. 3153. REPORTS.

4 The Commission shall submit to Congress an interim

5 report containing its preliminary findings and conclusions

6 not later than October 15, 2000, and a final report con7 taining its findings and conclusions not later than January

8 1, 2001.

9 SEC. 3154. POWERS.

10 (a) HEARINGS.—The Commission or, at its direction,

11 any panel or member of the Commission, may, for the pur12 pose of carrying out the provisions of this title, hold hear13 ings, sit and act at times and places, take testimony, receive

14 evidence, and administer oaths to the extent that the Com15 mission or any panel or member considers advisable.

16 (b) INFORMATION.—The Commission may secure di17 rectly from the Department of Defense, the Department of

18 Energy, and any other Federal department or agency infor19 mation that the Commission considers necessary to enable

20 the Commission to carry out its responsibilities under this

21 title.

22 SEC. 3155. COMMISSION PROCEDURES.

23 (a) MEETINGS.—The Commission shall meet at the

24 call of the Chairman.
509

•S 1059 EAH

1 (b) QUORUM.—(1) Five members of the Commission

2 shall constitute a quorum other than for the purpose of hold3 ing hearings.

4 (2) The Commission shall act by resolution agreed to

5 by a majority of the members of the Commission.

6 (c) COMMISSION.—The Commission may establish

7 panels composed of less than full membership of the Com8 mission for the purpose of carrying out the Commission’s

9 duties. The actions of each such panel shall be subject to

10 the review and control of the Commission. Any findings and

11 determinations made by such a panel shall not be consid12 ered the findings and determinations of the Commission un13 less approved by the Commission.

14 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS15 SION.—Any member or agent of the Commission may, if

16 authorized by the Commission, take any action which the

17 Commission is authorized to take under this title.

18 SEC. 3156. PERSONNEL MATTERS.

19 (a) PAY OF MEMBERS.—Members of the Commission

20 shall serve without pay by reason of their work on the Com21 mission.

22 (b) TRAVEL EXPENSES.—The members of the Commis23 sion shall be allowed travel expenses, including per diem

24 in lieu of subsistence, at rates authorized for employees of

25 agencies under subchapter I of chapter 57 of title 5, United
510

•S 1059 EAH

1 States Code, while away from their homes or regular places

2 of business in the performance of services for the Commis3 sion.

4 (c) STAFF.—(1) The chairman of the Commission

5 may, without regard to the provisions of title 5, United

6 States Code, governing appointments in the competitive

7 service, appoint a staff director and such additional per8 sonnel as may be necessary to enable the Commission to

9 perform its duties. The appointment of a staff director shall

10 be subject to the approval of the Commission.

11 (2) The chairman of the Commission may fix the pay

12 of the staff director and other personnel without regard to

13 the provisions of chapter 51 and subchapter III of chapter

14 53 of title 5, United States Code, relating to classification

15 of positions and General Schedule pay rates, except that

16 the rate of pay fixed under this paragraph for the staff di17 rector may not exceed the rate payable for level V of the

18 Executive Schedule under section 5316 of such title and the

19 rate of pay for other personnel may not exceed the max20 imum rate payable for grade GS–15 of the General Sched21 ule.

22 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re23 quest of the chairman of the Commission, the head of any

24 Federal department or agency may detail, on a non25 reimbursable basis, any personnel of that department or
511

•S 1059 EAH

1 agency to the Commission to assist it in carrying out its

2 duties.

3 (e) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The chairman of the Commission may

5 procure temporary and intermittent services under section

6 3109(b) of title 5, United States Code, at rates for individ7 uals which do not exceed the daily equivalent of the annual

8 rate of basic pay payable for level V of the Executive Sched9 ule under section 5316 of such title.

10 SEC. 3157. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

11 (a) POSTAL AND PRINTING SERVICES.—The Commis12 sion may use the United States mails and obtain printing

13 and binding services in the same manner and under the

14 same conditions as other departments and agencies of the

15 Federal Government.

16 (b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT

17 SERVICES.—The Secretary of Defense and the Secretary of

18 Energy shall furnish the Commission, on a reimbursable

19 basis, any administrative and support services requested by

20 the Commission.

21 SEC. 3158. FUNDING.

22 (a) SOURCE OF FUNDS.—Funds for activities of the

23 Commission shall be provided from—
512

•S 1059 EAH

1 (1) amounts appropriated for the Department of

2 Defense for operation and maintenance for Defense3 wide activities for fiscal year 2000; and

4 (2) amounts appropriated for the Department of

5 Energy for program direction for weapons activities

6 and for defense environmental restoration and waste

7 management for fiscal year 2000.

8 (b) DISBURSEMENT.—Upon receipt of a written cer9 tification from the Chairman of the Commission specifying

10 the funds required for the activities of the Commission, the

11 Secretary of Defense and the Secretary of Energy shall

12 promptly disburse to the Commission, from such amounts,

13 the funds required by the Commission as stated in such cer14 tification.

15 SEC. 3159. TERMINATION OF THE COMMISSION.

16 The Commission shall terminate 60 days after the date

17 of the submission of its final report under section 3153.

18 Subtitle E—Other Matters

19 SEC. 3161. PROCEDURES FOR MEETING TRITIUM PRODUC20 TION REQUIREMENTS.

21 (a) ACCELERATOR PRODUCTION PLAN.—Not later

22 than January 15, 2000, the Secretary of Energy shall sub23 mit to the congressional defense committees a plan (in this

24 section referred to as an ‘‘accelerator production plan’’) to

25 meet the requirements in the Nuclear Weapons Stockpile
513

•S 1059 EAH

1 Memorandum relating to tritium production by expediting

2 the completion of the design and the initiation of the con3 struction of a particle accelerator for the production of trit4 ium.

5 (b) TECHNOLOGY FOR TRITIUM PRODUCTION.—If the

6 Nuclear Regulatory Commission does not grant to the Ten7 nessee Valley Authority the amended licenses described in

8 subsection (c) by December 31, 2002, the Secretary of En9 ergy shall on January 1, 2003—

10 (1) designate particle accelerator technology as

11 the primary technology for the production of tritium;

12 (2) designate commercial light water reactor

13 technology as the backup technology for the produc14 tion of tritium; and

15 (3) implement the accelerator production plan.

16 (c) AMENDED LICENSES.—The amended licenses re17 ferred to in subsection (b) are the amended licenses for the

18 operation of each of the following commercial light water

19 reactors:

20 (1) Watts Bar reactor, Spring City, Tennessee.

21 (2) Sequoya reactor, Daisy, Tennessee.
514

•S 1059 EAH

1 SEC. 3162. EXTENSION OF AUTHORITY OF DEPARTMENT OF

2 ENERGY TO PAY VOLUNTARY SEPARATION IN3 CENTIVE PAYMENTS.

4 (a) EXTENSION.—Notwithstanding subsection

5 (c)(2)(D) of section 663 of the Treasury, Postal Service, and

6 General Government Appropriations Act, 1997 (Public Law

7 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597 note), the De8 partment of Energy may pay voluntary separation incen9 tive payments to qualifying employees who voluntarily sep10 arate (whether by retirement or resignation) before January

11 1, 2002.

12 (b) EXERCISE OF AUTHORITY.—The Department shall

13 pay voluntary separation incentive payments under sub14 section (a) in accordance with the provisions of such section

15 663.

16 (c) REPORT.—(1) Not later than March 15, 2000, the

17 Secretary of Energy shall submit to the recipients specified

18 in paragraph (3) a report describing how the Department

19 has used the authority to pay voluntary separation incen20 tive payments under subsection (a).

21 (2) The report under paragraph (1) shall include the

22 occupations and grade levels of each employee paid a vol23 untary separation incentive payment under subsection (a)

24 and shall describe how the use of the authority to pay vol25 untary separation incentive payments under such sub26 section relates to the restructuring plans of the Department.
515

•S 1059 EAH

1 (3) The recipients specified in this paragraph are the

2 following:

3 (A) The Office of Personnel Management.

4 (B) The Committee on Armed Services of the

5 House of Representatives.

6 (C) The Committee on Armed Services of the

7 Senate.

8 (D) The Committee on Government Reform of

9 the House of Representatives.

10 (E) The Committee on Governmental Affairs of

11 the Senate.

12 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE13 TIREMENT FUND.—For purposes of this section, the require14 ment of an agency remittance of an amount equal to 15

15 percent in paragraph (1) of section 663(d) of the Treasury,

16 Postal Service, and General Government Appropriations

17 Act, 1997 (Public Law 104–208; 110 Stat. 3009–383; 5

18 U.S.C. 5597 note) shall be deemed to be a requirement of

19 an agency remittance of an amount equal to 26 percent.

20 SEC. 3163. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF

21 SKILLS CRITICAL TO THE DEPARTMENT OF

22 ENERGY NUCLEAR WEAPONS COMPLEX.

23 (a) IN GENERAL.—Subsection (a) of section 3140 of

24 the National Defense Authorization Act for Fiscal Year
516

•S 1059 EAH

1 1996 (Public Law 104–106; 110 Stat. 621; 42 U.S.C. 2121

2 note) is amended—

3 (1) by striking ‘‘the Secretary’’ in the second sen4 tence and all that follows through ‘‘provide edu5 cational assistance’’ and inserting ‘‘the Secretary

6 shall provide educational assistance’’;

7 (2) by striking the semicolon after ‘‘complex’’ in

8 the second sentence and inserting a period; and

9 (3) by striking paragraphs (2) and (3).

10 (b) ELIGIBLE INDIVIDUALS.—Subsection (b) of such

11 section is amended by inserting ‘‘are United States citizens

12 who’’ in the matter preceding paragraph (1) after ‘‘pro13 gram’’.

14 (c) COVERED FACILITIES.—Subsection (c) of such sec15 tion is amended by adding at the end the following new

16 paragraphs:

17 ‘‘(5) The Lawrence Livermore National Labora18 tory, Livermore, California.

19 ‘‘(6) The Los Alamos National Laboratory, Los

20 Alamos, New Mexico.

21 ‘‘(7) The Sandia National Laboratory, Albu22 querque, New Mexico.’’.

23 (d) AGREEMENT REQUIRED.—Subsection (f) of such

24 section is amended to read as follows:
517

•S 1059 EAH

1 ‘‘(f) AGREEMENT.—(1) The Secretary may allow an

2 individual to participate in the program only if the indi3 vidual signs an agreement described in paragraph (2).

4 ‘‘(2) An agreement referred to in paragraph (1) shall

5 be in writing, shall be signed by the participant, and shall

6 include the participant’s agreement to serve, after comple7 tion of the course of study for which the assistance was pro8 vided, as a full-time employee in a position in the Depart9 ment of Energy for a period of time to be established by

10 the Secretary of Energy of not less than one year, if such

11 a position is offered to the participant.’’.

12 (e) PLAN.—(1) Not later than January 1, 2000, the

13 Secretary of Energy shall submit to the congressional de14 fense committees a plan for the administration of the fellow15 ship program under section 3140 of the National Defense

16 Authorization Act for Fiscal Year 1996 (Public Law 104–

17 106; 42 U.S.C. 2121 note), as amended by this section.

18 (2) The plan shall include the criteria for the selection

19 of individuals for participation in such fellowship program

20 and a description of the provisions to be included in the

21 agreement required by subsection (f) of such section (as

22 amended by this section), including the period of time estab23 lished by the Secretary for the participants to serve as em24 ployees.
518

•S 1059 EAH

1 (f) FUNDING.—Of the funds authorized to be appro2 priated to the Department of Energy pursuant to section

3 3101, $5,000,000 shall be available only to conduct the fel4 lowship program under section 3140 of the National De5 fense Authorization Act for Fiscal Year 1996 (Public Law

6 104–106; 42 U.S.C. 2121 note), as amended by this section.

7 SEC. 3164. DEPARTMENT OF ENERGY RECORDS DECLAS8 SIFICATION.

9 (a) IDENTIFICATION IN BUDGET.—The Secretary of

10 Energy shall include in the budget justification materials

11 submitted to Congress in support of the Department of En12 ergy budget for national security programs for any fiscal

13 year (as submitted with the budget of the President under

14 section 1105(a) of title 31) specific identification, as a

15 budgetary line item, of the amounts necessary for pro16 grammed activities during that fiscal year to declassify

17 records to carry out Executive Order 12958 (50 U.S.C. 435

18 note), or any successor Executive order, or to comply with

19 any statutory requirement to declassify Government

20 records.

21 (b) LIMITATION.—The total amount expended by the

22 Department of Energy during fiscal year 2000 to carry out

23 activities to declassify records pursuant to Executive Order

24 12958 (50 U.S.C. 435 note), or any successor Executive
519

•S 1059 EAH

1 order, or to comply with any statutory requirement to de2 classify Government records may not exceed $8,500,000.

3 SEC. 3165. MANAGEMENT OF NUCLEAR WEAPONS PRODUC4 TION FACILITIES AND NATIONAL LABORA5 TORIES.

6 (a) AUTHORITY AND RESPONSIBILITY OF ASSISTANT

7 SECRETARY FOR DEFENSE PROGRAMS.—The Secretary of

8 Energy, in assigning functions under section 203 of the De9 partment of Energy Organization Act (42 U.S.C. 7133),

10 shall assign direct authority over, and responsibility for,

11 the nuclear weapons production facilities and the national

12 laboratories in all matters relating to national security to

13 the Assistant Secretary assigned the functions under section

14 203(a)(5) of that Act.

15 (b) COVERED FUNCTIONS.—The functions assigned to

16 the Assistant Secretary under subsection (a) shall include,

17 but not be limited to, authority over, and responsibility for,

18 the national security functions of those facilities and lab19 oratories with respect to the following:

20 (1) Strategic management.

21 (2) Policy development and guidance.

22 (3) Budget formulation and guidance.

23 (4) Resource requirements determination and al24 location.

25 (5) Program direction.
520

•S 1059 EAH

1 (6) Administration of contracts to manage and

2 operate nuclear weapons production facilities and na3 tional laboratories.

4 (7) Environment, safety, and health operations.

5 (8) Integrated safety management.

6 (9) Safeguard and security operations.

7 (10) Oversight.

8 (11) Relationships within the Department of En9 ergy and with other Federal agencies, the Congress,

10 State, tribal, and local governments, and the public.

11 (c) REPORTING OF NUCLEAR WEAPONS PRODUCTION

12 FACILITIES AND NATIONAL LABORATORIES.—In all matters

13 relating to national security, the nuclear weapons produc14 tion facilities and the national laboratories shall report to,

15 and be accountable to, the Assistant Secretary.

16 (d) DELEGATION BY ASSISTANT SECRETARY.—The As17 sistant Secretary may delegate functions assigned under

18 subsection (a) only within the headquarters office of the As19 sistant Secretary, except that the Assistant Secretary may

20 delegate to a head of a specified operations office functions

21 including, but not limited to, supporting the following ac22 tivities at a nuclear weapons production facility or a na23 tional laboratory:

24 (1) Operational activities.

25 (2) Program execution.
521

•S 1059 EAH

1 (3) Personnel.

2 (4) Contracting and procurement.

3 (5) Facility operations oversight.

4 (6) Integration of production and research and

5 development activities.

6 (7) Interaction with other Federal agencies,

7 State, tribal, and local governments, and the public.

8 (e) REPORTING OF OPERATIONS OFFICES.—For each

9 delegation made under subsection (d) to a head of a speci10 fied operations office, that head of that specified operations

11 office shall shall directly report to, and be accountable to,

12 the Assistant Secretary.

13 (f) DEFINITIONS.—As used in this section:

14 (1) The term ‘‘nuclear weapons production facil15 ity’’ means any of the following facilities:

16 (A) The Kansas City Plant, Kansas City,

17 Missouri.

18 (B) The Pantex Plant, Amarillo, Texas.

19 (C) The Y-12 Plant, Oak Ridge, Tennessee.

20 (D) The tritium operations at the Savan21 nah River Site, Aiken, South Carolina.

22 (E) The Nevada Test Site, Nevada.

23 (2) The term ‘‘national laboratory’’ means any

24 of the following laboratories:
522

•S 1059 EAH

1 (A) The Los Alamos National Laboratory,

2 Los Alamos, New Mexico.

3 (B) The Lawrence Livermore National Lab4 oratory, Livermore, California.

5 (C) The Sandia National Laboratories, Al6 buquerque, New Mexico, and Livermore, Cali7 fornia.

8 (3) The term ‘‘specified operations office’’ means

9 any of the following operations offices of the Depart10 ment of Energy:

11 (A) Albuquerque Operations Office, Albu12 querque, New Mexico.

13 (B) Oak Ridge Operations Office, Oak

14 Ridge, Tennessee.

15 (C) Oakland Operations Office, Oakland,

16 California.

17 (D) Nevada Operations Office, Nevada Test

18 Site, Las Vegas, Nevada.

19 (E) Savannah River Operations Office, Sa20 vannah River Site, Aiken, South Carolina.
523

•S 1059 EAH

1 SEC. 3166. NOTICE TO CONGRESSIONAL COMMITTEES OF

2 COMPROMISE OF CLASSIFIED INFORMATION

3 WITHIN NUCLEAR ENERGY DEFENSE PRO4 GRAMS.

5 (a) IN GENERAL.—The Secretary of Energy shall no6 tify the committees specified in subsection (c), notwith7 standing Rule 6(e) of the Federal Rules of Criminal Proce8 dure, that the Secretary has received information indi9 cating that classified information relating to military ap10 plications of nuclear energy is being, or may have been,

11 disclosed in an unauthorized manner to a foreign power

12 or an agent of a foreign power.

13 (b) MANNER OF NOTIFICATION.—A notification under

14 subsection (a) shall be provided, in writing, not later than

15 30 days after the date of the initial receipt of such informa16 tion by the Department of Energy.

17 (c) SPECIFIED COMMITTEES.—The committees referred

18 to in subsection (a) are the following:

19 (1) The Committee on Armed Services and the

20 Permanent Select Committee on Intelligence of the

21 House of Representatives.

22 (2) The Committee on Armed Services and the

23 Select Committee on Intelligence of the Senate.

24 (d) FOREIGN POWER.—For purposes of this section,

25 the terms ‘‘foreign power’’ and ‘‘agent of a foreign power’’

26 have the meanings given those terms in section 101 of the
524

•S 1059 EAH

1 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

2 1801).

3 SEC. 3167. DEPARTMENT OF ENERGY REGULATIONS RELAT4 ING TO THE SAFEGUARDING AND SECURITY

5 OF RESTRICTED DATA.

6 (a) IN GENERAL.—Chapter 18 of title I of the Atomic

7 Energy Act of 1954 (42 U.S.C. 2271 et seq.) is amended

8 by inserting after section 234A the following new section:

9 ‘‘SEC. 234B. CIVIL MONETARY PENALTIES FOR VIOLA10 TIONS OF DEPARTMENT OF ENERGY REGULATIONS RE11 GARDING SECURITY OF CLASSIFIED OR SENSITIVE INFOR12 MATION OR DATA.—

13 ‘‘a. Any person who has entered into a contract or

14 agreement with the Department of Energy, or a subcontract

15 or subagreement thereto, and who violates (or whose em16 ployee violates) any applicable rule, regulation, or order

17 prescribed or otherwise issued by the Secretary pursuant

18 to this Act relating to the safeguarding or security of Re19 stricted Data or other classified or sensitive information

20 shall be subject to a civil penalty of not to exceed $100,000

21 for each such violation.

22 ‘‘b. The Secretary shall include in each contract with

23 a contractor of the Department provisions which provide

24 an appropriate reduction in the fees or amounts paid to

25 the contractor under the contract in the event of a violation
525

•S 1059 EAH

1 by the contractor or contractor employee of any rule, regula2 tion, or order relating to the safeguarding or security of

3 Restricted Data or other classified or sensitive information.

4 The provisions shall specify various degrees of violations

5 and the amount of the reduction attributable to each degree

6 of violation.

7 ‘‘c. The powers and limitations applicable to the as8 sessment of civil penalties under section 234A, except for

9 subsection d. of that section, shall apply to the assessment

10 of civil penalties under this section.’’.

11 (b) CLARIFYING AMENDMENT.—The section heading of

12 section 234A of such Act (42 U.S.C. 2282a) is amended by

13 inserting ‘‘SAFETY’’ before ‘‘REGULATIONS’’.

14 (c) CLERICAL AMENDMENT.—The table of sections for

15 that Act is amended by inserting after the item relating

16 to section 234 the following new items:

‘‘Sec. 234A. Civil Monetary Penalties for Violations of Department of Energy

Safety Regulations.

‘‘Sec. 234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information or Data.’’.

17 SEC. 3168. DEPARTMENT OF ENERGY COUNTERINTEL18 LIGENCE POLYGRAPH PROGRAM.

19 (a) PROGRAM REQUIRED.—The Secretary of Energy,

20 acting through the Director of the Office of Counterintel21 ligence of the Department of Energy, shall carry out a coun22 terintelligence polygraph program for the defense-related ac23 tivities of the Department. The counterintelligence poly-
526

•S 1059 EAH

1 graph program shall consist of the administration of coun2 terintelligence polygraph examinations to each covered per3 son who has access to high-risk programs or information.

4 (b) COVERED PERSONS.—For purposes of this section,

5 a covered person is one of the following:

6 (1) An officer or employee of the Department.

7 (2) An expert or consultant under contract to the

8 Department.

9 (3) An officer or employee of any contractor of

10 the Department.

11 (c) HIGH-RISK PROGRAMS OR INFORMATION.—For

12 purposes of this section, high-risk programs or information

13 are any of the following:

14 (1) The programs identified as high risk in the

15 regulations prescribed by the Secretary and known

16 as—

17 (A) Special Access Programs;

18 (B) Personnel Security And Assurance Pro19 grams; and

20 (C) Personnel Assurance Programs.

21 (2) The information identified as high risk in

22 the regulations prescribed by the Secretary and

23 known as Sensitive Compartmented Information.

24 (d) INITIAL TESTING AND CONSENT.—The Secretary

25 may not permit a covered person to have any access to any
527

•S 1059 EAH

1 high-risk program or information unless that person first

2 undergoes a counterintelligence polygraph examination and

3 consents in a signed writing to the counterintelligence poly4 graph examinations required by this section.

5 (e) ADDITIONAL TESTING.—The Secretary may not

6 permit a covered person to have continued access to any

7 high-risk program or information unless that person under8 goes a counterintelligence polygraph examination—

9 (1) not less frequently than every five years; and

10 (2) at any time at the direction of the Director

11 of the Office of Counterintelligence.

12 (f) COUNTERINTELLIGENCE POLYGRAPH EXAMINA13 TION.—For purposes of this section, the term ‘‘counterintel14 ligence polygraph examination’’ means a polygraph exam15 ination using questions reasonably calculated to obtain

16 counterintelligence information, including questions relat17 ing to espionage, sabotage, unauthorized disclosure of classi18 fied information, and unauthorized contact with foreign na19 tionals.

20 SEC. 3169. REPORT ON COUNTERINTELLIGENCE AND SECU21 RITY PRACTICES AT NATIONAL LABORA22 TORIES.

23 (a) IN GENERAL.—Not later than March 1 of each

24 year, the Secretary of Energy shall submit to the Congress

25 a report for the preceding year on counterintelligence and
528

•S 1059 EAH

1 security practices at the facilities of the national labora2 tories (whether or not classified activities are carried out

3 at the facility).

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

5 with respect to each national laboratory, the following:

6 (1) The number of full-time counterintelligence

7 and security professionals employed.

8 (2) A description of the counterintelligence and

9 security training courses conducted and, for each such

10 course, any requirement that employees successfully

11 complete that course.

12 (3) A description of each contract awarded that

13 provides an incentive for the effective performance of

14 counterintelligence or security activities.

15 (4) A description of the services provided by the

16 employee assistance programs.

17 (5) A description of any requirement that an

18 employee report the foreign travel of that employee

19 (whether or not the travel was for official business).

20 (6) A description of any visit by the Secretary

21 or by the Deputy Secretary of Energy, a purpose of

22 which was to emphasize to employees the need for ef23 fective counterintelligence and seurity practices.
529

•S 1059 EAH

1 SEC. 3170. TECHNOLOGY TRANSFER COORDINATION FOR

2 DEPARTMENT OF ENERGY NATIONAL LAB3 ORATORIES.

4 (a) TECHNOLOGY TRANSFER COORDINATION.—Within

5 90 days after the date of the enactment of this Act, the Sec6 retary of Energy shall ensure, for each national laboratory,

7 the following:

8 (1) Consistency of technology transfer policies

9 and procedures with respect to patenting, licensing,

10 and commercialization.

11 (2) That the contractor operating the national

12 laboratory make available to aggrieved private sector

13 entities a range of expedited alternate dispute resolu14 tion procedures (including both binding and non15 binding procedures) to resolve disputes that arise over

16 patents, licenses, and commercialization activities,

17 with costs and damages to be provided by the con18 tractor to the extent that any such resolution at19 tributes fault to the contractor.

20 (3) That the expedited procedure used for a par21 ticular dispute shall be chosen—

22 (A) collaboratively by the Secretary and by

23 appropriate representatives of the contractor op24 erating the national laboratory and of the pri25 vate sector entity; and
530

•S 1059 EAH

1 (B) if an expedited procedure cannot be cho2 sen collaboratively under subparagraph (A), by

3 the Secretary.

4 (4) That the contractor operating the national

5 laboratory submit an annual report to the Secretary,

6 as part of the annual performance evaluation of the

7 contractor, on technology transfer and intellectual

8 property successes, current technology transfer and

9 intellectual property disputes involving the labora10 tory, and progress toward resolving those disputes.

11 (5) Training to ensure that laboratory personnel

12 responsible for patenting, licensing, and commer13 cialization activities are knowledgeable of the appro14 priate legal, procedural, and ethical standards.

15 (b) DEFINITION OF NATIONAL LABORATORY.—As used

16 in this section, the term ‘‘national laboratory’’ means any

17 of the following laboratories:

18 (1) The Los Alamos National Laboratory, Los

19 Alamos, New Mexico.

20 (2) The Lawrence Livermore National Labora21 tory, Livermore, California.

22 (3) The Sandia National Laboratories, Albu23 querque, New Mexico, and Livermore, California.
531

•S 1059 EAH

1 Subtitle F—Protection of National

2 Security Information

3 SEC. 3181. SHORT TITLE.

4 This subtitle may be cited as the ‘‘National Security

5 Information Protection Improvement Act’’.

6 SEC. 3182. SEMI-ANNUAL REPORT BY THE PRESIDENT ON

7 ESPIONAGE BY THE PEOPLE’S REPUBLIC OF

8 CHINA.

9 (a) REPORTS REQUIRED.—The President shall trans10 mit to Congress a report, not less often than every six

11 months, on the steps being taken by the Department of En12 ergy, the Department of Defense, the Federal Bureau of In13 vestigation, the Central Intelligence Agency, and all other

14 relevant executive departments and agencies to respond to

15 espionage and other intelligence activities by the People’s

16 Republic of China, particularly with respect to the theft of

17 sophisticated United States nuclear weapons design infor18 mation and the targeting by the People’s Republic of China

19 of United States nuclear weapons codes and other national

20 security information of strategic concern.

21 (b) INITIAL REPORT.—The first report under this sec22 tion shall be transmitted not later than January 1, 2000.
532

•S 1059 EAH

1 SEC. 3183. REPORT ON WHETHER DEPARTMENT OF ENERGY

2 SHOULD CONTINUE TO MAINTAIN NUCLEAR

3 WEAPONS RESPONSIBILITY.

4 Not later than January 1, 2000, the President shall

5 transmit to Congress a report regarding the feasibility of

6 alternatives to the current arrangements for controlling

7 United States nuclear weapons development, testing, and

8 maintenance within the Department of Energy, including

9 the reestablishment of the Atomic Energy Commission as

10 an independent nuclear agency. The report shall describe

11 the benefits and shortcomings of each such alternative, as

12 well as the current system, from the standpoint of protecting

13 such weapons and related research and technology from

14 theft and exploitation. The President shall include with

15 such report the President’s recommendation for the appro16 priate arrangements for controlling United States nuclear

17 weapons development, testing, and maintenance outside the

18 Department of Energy if it should be determined that the

19 Department of Energy should no longer have that responsi20 bility.

21 SEC. 3184. DEPARTMENT OF ENERGY OFFICE OF FOREIGN

22 INTELLIGENCE AND OFFICE OF COUNTER23 INTELLIGENCE.

24 (a) IN GENERAL.—The Department of Energy Organi25 zation Act is amended by inserting after section 212 (42

26 U.S.C. 7143) the following new sections:
533

•S 1059 EAH

1 ‘‘OFFICE OF FOREIGN INTELLIGENCE

2 ‘‘SEC. 213. (a) There shall be within the Department

3 an Office of Foreign Intelligence, to be headed by a Director,

4 who shall report directly to the Secretary.

5 ‘‘(b) The Director shall be responsible for the programs

6 and activities of the Department relating to the analysis

7 of intelligence with respect to nuclear weapons and mate8 rials, other nuclear matters, and energy security.

9 ‘‘(c) The Secretary may delegate to the Deputy Sec10 retary of Energy the day-to-day supervision of the Director.

11 ‘‘OFFICE OF COUNTERINTELLIGENCE

12 ‘‘SEC. 214. (a) There shall be within the Department

13 an Office of Counterintelligence, to be headed by a Director,

14 who shall report directly to the Secretary.

15 ‘‘(b) The Director shall carry out all counterintel16 ligence activities in the Department relating to the defense

17 activities of the Department.

18 ‘‘(c) The Secretary may delegate to the Deputy Sec19 retary of Energy the day-to-day supervision of the Director.

20 ‘‘(d)(1) The Director shall keep the intelligence com21 mittees fully and currently informed of all significant secu22 rity breaches at any of the national laboratories.

23 ‘‘(2) For purposes of this subsection, the term ‘intel24 ligence committees’ means the Permanent Select Committee

25 of the House of Representatives and the Select Committee

26 on Intelligence of the Senate.’’.
534

•S 1059 EAH

1 (b) CLERICAL AMENDMENT.—The table of contents in

2 the first section of that Act is amended by inserting after

3 the item relating to section 212 the following new items:

‘‘Sec. 213. Office of Foreign Intelligence.

‘‘Sec. 214. Office of Counterintelligence.’’.

4 SEC. 3185. COUNTERINTELLIGENCE PROGRAM AT DEPART5 MENT OF ENERGY NATIONAL LABORATORIES.

6 (a) PROGRAM REQUIRED.—The Secretary of Energy

7 shall establish and maintain at each national laboratory

8 a counterintelligence program for the defense-related activi9 ties of the Department of Energy at such laboratory.

10 (b) HEAD OF PROGRAM.—The Secretary shall ensure

11 that, for each national laboratory, the head of the counter12 intelligence program of that laboratory—

13 (1) has extensive experience in counterintel14 ligence activities within the Federal Government; and

15 (2) with respect to the counterintelligence pro16 gram, is responsible directly to, and is hired with the

17 concurrence of, the Director of Counterintelligence of

18 the Department of Energy and the director of the na19 tional laboratory.

20 SEC. 3186. COUNTERINTELLIGENCE ACTIVITIES AT OTHER

21 DEPARTMENT OF ENERGY FACILITIES.

22 (a) ASSIGNMENT OF COUNTERINTELLIGENCE PER23 SONNEL.—(1) The Secretary of Energy shall assign to each

24 Department of Energy facility, other than a national lab-
535

•S 1059 EAH

1 oratory, at which Restricted Data is located an individual

2 who shall assess security and counterintelligence matters at

3 that facility.

4 (2) An individual assigned to a facility under this sub5 section shall be stationed at the facility.

6 (b) SUPERVISION.—Each individual assigned under

7 subsection (a) shall report directly to the Director of the

8 Office of Counterintelligence of the Department of Energy.

9 SEC. 3187. DEPARTMENT OF ENERGY POLYGRAPH EXAMINA10 TIONS.

11 (a) COUNTERINTELLIGENCE POLYGRAPH PROGRAM

12 REQUIRED.—The Secretary of Energy, acting through the

13 Director of Counterintelligence of the Department of En14 ergy, shall carry out a counterintelligence polygraph pro15 gram for the defense activities of the Department of Energy.

16 The program shall consist of the administration on a reg17 ular basis of a polygraph examination to each covered per18 son who has access to a program that the Director of Coun19 terintelligence and the Assistant Secretary assigned the

20 functions under section 203(a)(5) of the Department of En21 ergy Organization Act determine requires special access re22 strictions.

23 (b) COVERED PERSONS.—For purposes of subsection

24 (a), a covered person is any of the following:

25 (1) An officer or employee of the Department.
536

•S 1059 EAH

1 (2) An expert or consultant under contract to the

2 Department.

3 (3) An officer or employee of any contractor of

4 the Department.

5 (c) ADDITIONAL POLYGRAPH EXAMINATIONS.—In ad6 dition to the polygraph examinations administered under

7 subsection (a), the Secretary, in carrying out the defense

8 activities of the Department—

9 (1) may administer a polygraph examination to

10 any employee of the Department or of any contractor

11 of the Department, for counterintelligence purposes;

12 and

13 (2) shall administer a polygraph examination to

14 any such employee in connection with an investiga15 tion of such employee, if such employee requests the

16 administration of a polygraph examination for excul17 patory purposes.

18 (d) REGULATIONS.—(1) The Secretary shall prescribe

19 any regulations necessary to carry out this section. Such

20 regulations shall include procedures, to be developed in con21 sultation with the Director of the Federal Bureau of Inves22 tigation, for identifying and addressing ‘‘false positive’’ re23 sults of polygraph examinations.

24 (2) Notwithstanding section 501 of the Department of

25 Energy Organization Act (42 U.S.C. 7191) or any other
537

•S 1059 EAH

1 provision of law, the Secretary may, in prescribing regula2 tions under paragraph (1), waive any requirement for no3 tice or comment if the Secretary determines that it is in

4 the national security interest to expedite the implementa5 tion of such regulations.

6 (e) NO CHANGE IN OTHER POLYGRAPH AUTHORITY.—

7 This section shall not be construed to affect the authority

8 under any other provision of law of the Secretary to admin9 ister a polygraph examination.

10 SEC. 3188. CIVIL MONETARY PENALTIES FOR VIOLATIONS

11 OF DEPARTMENT OF ENERGY REGULATIONS

12 RELATING TO THE SAFEGUARDING AND SE13 CURITY OF RESTRICTED DATA.

14 (a) IN GENERAL.—Chapter 18 of title I of the Atomic

15 Energy Act of 1954 (42 U.S.C. 2271 et seq.) is amended

16 by inserting after section 234A the following new section:

17 ‘‘SEC. 234B. CIVIL MONETARY PENALTIES FOR VIOLA18 TIONS OF DEPARTMENT OF ENERGY REGULATIONS RE19 GARDING SECURITY OF CLASSIFIED OR SENSITIVE INFOR20 MATION OR DATA.—

21 ‘‘a. Any individual or entity that has entered into a

22 contract or agreement with the Department of Energy, or

23 a subcontract or subagreement thereto, and that commits

24 a gross violation or a pattern of gross violations of any

25 applicable rule, regulation, or order prescribed or otherwise
538

•S 1059 EAH

1 issued by the Secretary pursuant to this subtitle relating

2 to the safeguarding or security of Restricted Data or other

3 classified or sensitive information shall be subject to a civil

4 penalty of not to exceed $500,000 for each such violation.

5 ‘‘b. The Secretary shall include, in each contract en6 tered into after the date of the enactment of this section

7 with a contractor of the Department, provisions which pro8 vide an appropriate reduction in the fees or amounts paid

9 to the contractor under the contract in the event of a viola10 tion by the contractor or contractor employee of any rule,

11 regulation, or order relating to the safeguarding or security

12 of Restricted Data or other classified or sensitive informa13 tion. The provisions shall specify various degrees of viola14 tions and the amount of the reduction attributable to each

15 degree of violation.

16 ‘‘c. The powers and limitations applicable to the as17 sessment of civil penalties under section 234A shall apply

18 to the assessment of civil penalties under this section.’’.

19 (b) CLARIFYING AMENDMENT.—The section heading of

20 section 234A of that Act (42 U.S.C. 2282a) is amended by

21 inserting ‘‘SAFETY’’ before ‘‘REGULATIONS’’.

22 (c) CLERICAL AMENDMENT.—The table of sections in

23 the first section of that Act is amended by inserting after

24 the item relating to section 234 the following new items:

‘‘234A. Civil Monetary Penalties for Violations of Department of Energy Safety

Regulations.
539

•S 1059 EAH

‘‘234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information

or Data.’’.

1 SEC. 3189. INCREASED PENALTIES FOR MISUSE OF RE2 STRICTED DATA.

3 (a) COMMUNICATION OF RESTRICTED DATA.—Section

4 224 of the Atomic Energy Act of 1954 (42 U.S.C. 2274)

5 is amended—

6 (1) in clause a., by striking ‘‘$20,000’’ and in7 serting ‘‘$400,000’’; and

8 (2) in clause b., by striking ‘‘$10,000’’ and in9 serting ‘‘$200,000’’.

10 (b) RECEIPT OF RESTRICTED DATA.—Section 225 of

11 such Act (42 U.S.C. 2275) is amended by striking

12 ‘‘$20,000’’ and inserting ‘‘$400,000’’.

13 (c) DISCLOSURE OF RESTRICTED DATA.—Section 227

14 of such Act (42 U.S.C. 2277) is amended by striking

15 ‘‘$2,500’’ and inserting ‘‘$50,000’’.

16 SEC. 3190. RESTRICTIONS ON ACCESS TO NATIONAL LAB17 ORATORIES BY FOREIGN VISITORS FROM

18 SENSITIVE COUNTRIES.

19 (a) BACKGROUND REVIEW REQUIRED.—The Secretary

20 of Energy may not admit to any facility of a national lab21 oratory any individual who is a citizen or agent of a nation

22 that is named on the current sensitive countries list unless

23 the Secretary first completes a background review with re24 spect to that individual.
540

•S 1059 EAH

1 (b) MORATORIUM PENDING CERTIFICATION.—(1) Dur2 ing the period described in paragraph (2), the Secretary

3 may not admit to any facility of a national laboratory any

4 individual who is a citizen or agent of a nation that is

5 named on the current sensitive countries list.

6 (2) The period referred to in paragraph (1) is the pe7 riod beginning 30 days after the date of the enactment of

8 this Act and ending on the later of the following:

9 (A) The date that is 90 days after the date of the

10 enactment of this Act.

11 (B) The date that is 45 days after the date on

12 which the Secretary submits to Congress a certifi13 cation described in paragraph (3).

14 (3) A certification referred to in paragraph (2) is a

15 certification by the Director of Counterintelligence of the

16 Department of Energy, with the concurrence of the Director

17 of the Federal Bureau of Investigation, that all security

18 measures are in place that are necessary and appropriate

19 to prevent espionage or intelligence gathering by or for a

20 sensitive country, including access by individuals referred

21 to in paragraph (1) to classified information of the national

22 laboratory.

23 (c) WAIVER OF MORATORIUM.—(1) The Secretary of

24 Energy may waive the prohibition in subsection (b) on a

25 case-by-case basis with respect to any specific individual
541

•S 1059 EAH

1 or any specific delegation of individuals whose admission

2 to a national laboratory is determined by the Secretary to

3 be in the interest of the national security of the United

4 States.

5 (2) Not later than the seventh day of the month fol6 lowing a month in which a waiver is made, the Secretary

7 shall submit a report in writing providing notice of each

8 waiver made in that month to the following:

9 (A) The Committee on Armed Services and the

10 Select Committee on Intelligence of the Senate.

11 (B) The Committee on Armed Services and the

12 Permanent Select Committee on Intelligence of the

13 House of Representatives.

14 (3) Each such report shall be in classified form and

15 shall contain the identity of each individual or delegation

16 for whom such a waiver was made and, with respect to each

17 such individual or delegation, the following information:

18 (A) A detailed justification for the waiver.

19 (B) For each individual with respect to whom a

20 background review was conducted, whether the back21 ground review determined that negative information

22 exists with respect to that individual.

23 (C) The Secretary’s certification that the admis24 sion of that individual or delegation to a national
542

•S 1059 EAH

1 laboratory is in the interest of the national security

2 of the United States.

3 (4) The authority of the Secretary under paragraph

4 (1) may be delegated only to the Director of Counterintel5 ligence of the Department of Energy.

6 (d) EXCEPTION TO MORATORIUM FOR CERTAIN INDI7 VIDUALS.—The moratorium under subsection (b) shall not

8 apply to any person who—

9 (1) is, on the date of the enactment of this Act,

10 an employee or assignee of the Department of Energy,

11 or of a contractor of the Department; and

12 (2) has undergone a background review in ac13 cordance with subsection (a).

14 (e) EXCEPTION TO MORATORIUM FOR CERTAIN PRO15 GRAMS.—In the case of a program undertaken pursuant to

16 an international agreement between the United States and

17 a foreign nation, the moratorium under subsection (b) shall

18 not apply to the admittance to a facility that is important

19 to that program of a citizen of that foreign nation whose

20 admittance is important to that program.

21 (f) SENSE OF CONGRESS REGARDING BACKGROUND

22 REVIEWS.—It is the sense of Congress that the Secretary

23 of Energy, the Director of the Federal Bureau of Investiga24 tion, and the Director of Central Intelligence should ensure
543

•S 1059 EAH

1 that background reviews carried out under this section are

2 completed in not more than 15 days.

3 (g) DEFINITIONS.—For purposes of this section:

4 (1) The term ‘‘background review’’, commonly

5 known as an indices check, means a review of infor6 mation provided by the Director of Central Intel7 ligence and the Director of the Federal Bureau of In8 vestigation regarding personal background, including

9 information relating to any history of criminal activ10 ity or to any evidence of espionage.

11 (2) The term ‘‘sensitive countries list’’ means the

12 list prescribed by the Secretary of Energy known as

13 the Department of Energy List of Sensitive Countries.

14 SEC. 3191. REQUIREMENTS RELATING TO ACCESS BY FOR15 EIGN VISITORS AND EMPLOYEES TO DEPART16 MENT OF ENERGY FACILITIES ENGAGED IN

17 DEFENSE ACTIVITIES.

18 (a) SECURITY CLEARANCE REVIEW REQUIRED.—The

19 Secretary of Energy may not allow unescorted access to any

20 classified area, or access to classified information, of any

21 facility of the Department of Energy engaged in the defense

22 activities of the Department to any individual who is a

23 citizen of a foreign nation unless—

24 (1) the Secretary, acting through the Director of

25 Counterintelligence, first completes a security clear-
544

•S 1059 EAH

1 ance investigation with respect to that individual in

2 a manner at least as comprehensive as the investiga3 tion required for the issuance of a security clearance

4 at the level required for such access under the rules

5 and regulations of the Department; or

6 (2) a foreign government first completes a secu7 rity clearance investigation with respect to that indi8 vidual in a manner that the Secretary of State, pur9 suant to an international agreement between the

10 United States and that foreign government, deter11 mines is equivalent to the investigation required for

12 the issuance of a security clearance at the level re13 quired for such access under the rules and regulations

14 of the Department.

15 (b) EFFECT ON CURRENT EMPLOYEES.—The Sec16 retary shall ensure that any individual who, on the date

17 of the enactment of this Act, is a citizen of a foreign nation

18 and an employee of the Department or of a contractor of

19 the Department is not discharged from such employment

20 as a result of this section before the completion of the secu21 rity clearance investigation of such individual under sub22 section (a) unless the Director of Counterintelligence deter23 mines that such discharge is necessary for the national secu24 rity of the United States.
545

•S 1059 EAH

1 SEC. 3192. ANNUAL REPORT ON SECURITY AND COUNTER2 INTELLIGENCE STANDARDS AT NATIONAL

3 LABORATORIES AND OTHER DEFENSE FACILI4 TIES OF THE DEPARTMENT OF ENERGY.

5 (a) REPORT ON SECURITY AND COUNTERINTEL6 LIGENCE STANDARDS AT NATIONAL LABORATORIES AND

7 OTHER DOE DEFENSE FACILITIES.—Not later than March

8 1 of each year, the Secretary of Energy, acting through the

9 Director of Counterintelligence of the Department of En10 ergy, shall submit a report on the security and counterintel11 ligence standards at the national laboratories, and other fa12 cilities of the Department of Energy engaged in the defense

13 activities of the Department, to the following:

14 (1) The Committee on Armed Services and the

15 Select Committee on Intelligence of the Senate.

16 (2) The Committee on Armed Services and the

17 Permanent Select Committee on Intelligence of the

18 House of Representatives.

19 (b) CONTENTS OF REPORT.—The report shall be in

20 classified form and shall contain, for each such national

21 laboratory or facility, the following information:

22 (1) A description of all security measures that

23 are in place to prevent access by unauthorized indi24 viduals to classified information of the national lab25 oratory or facility.
546

•S 1059 EAH

1 (2) A certification by the Director of Counter2 intelligence of the Department of Energy as to

3 whether—

4 (A) all security measures are in place to

5 prevent access by unauthorized individuals to

6 classified information of the national laboratory

7 or facility; and

8 (B) such security measures comply with

9 Presidential Decision Directives and other appli10 cable Federal requirements relating to the safe11 guarding and security of classified information.

12 (3) For each admission of an individual under

13 section 3190 not described in a previous report under

14 this section, the identity of that individual, and

15 whether the background review required by that sec16 tion determined that information relevant to security

17 exists with respect to that individual.

18 SEC. 3193. REPORT ON SECURITY VULNERABILITIES OF NA19 TIONAL LABORATORY COMPUTERS.

20 (a) REPORT REQUIRED.—Not later than March 1 of

21 each year, the National Counterintelligence Policy Board

22 shall prepare a report, in consultation with the Director

23 of Counterintelligence of the Department of Energy, on the

24 security vulnerabilities of the computers of the national lab25 oratories.
547

•S 1059 EAH

1 (b) PREPARATION OF REPORT.—In preparing the re2 port, the National Counterintelligence Policy Board shall

3 establish a so-called ‘‘red team’’ of individuals to perform

4 an operational evaluation of the security vulnerabilities of

5 the computers of the national laboratories, including by di6 rect experimentation. Such individuals shall be selected by

7 the National Counterintelligence Policy Board from among

8 employees of the Department of Defense, the National Secu9 rity Agency, the Central Intelligence Agency, the Federal

10 Bureau of Investigation, and of other agencies, and may

11 be detailed to the National Counterintelligence Policy Board

12 from such agencies without reimbursement and without

13 interruption or loss of civil service status or privilege.

14 (c) SUBMISSION OF REPORT TO SECRETARY OF EN15 ERGY AND TO FBI DIRECTOR.—Not later than March 1 of

16 each year, the report shall be submitted in classified and

17 unclassified form to the Secretary of Energy and the Direc18 tor of the Federal Bureau of Investigation.

19 (d) FORWARDING TO CONGRESSIONAL COMMITTEES.—

20 Not later than 30 days after the report is submitted, the

21 Secretary and the Director shall each separately forward

22 that report, with the recommendations in classified and un23 classified form of the Secretary or the Director, as applica24 ble, in response to the findings of that report, to the fol25 lowing:
548

•S 1059 EAH

1 (1) The Committee on Armed Services and the

2 Select Committee on Intelligence of the Senate.

3 (2) The Committee on Armed Services and the

4 Permanent Select Committee on Intelligence of the

5 House of Representatives.

6 SEC. 3194. GOVERNMENT ACCESS TO CLASSIFIED INFORMA7 TION ON DEPARTMENT OF ENERGY DEFENSE8 RELATED COMPUTERS.

9 (a) PROCEDURES REQUIRED.—The Secretary of En10 ergy shall establish procedures to govern access to classified

11 information on DOE defense-related computers. Those pro12 cedures shall, at a minimum, provide that each employee

13 of the Department of Energy who requires access to classi14 fied information shall be required as a condition of such

15 access to provide to the Secretary written consent which

16 permits access by an authorized investigative agency to any

17 DOE defense-related computer used in the performance of

18 the defense-related duties of such employee during the period

19 of that employee’s access to classified information and for

20 a period of three years thereafter.

21 (b) EXPECTATION OF PRIVACY IN DOE DEFENSE-RE22 LATED COMPUTERS.—Notwithstanding any other provision

23 of law (including any provision of law enacted by the Elec24 tronic Communications Privacy Act of 1986), no user of
549

•S 1059 EAH

1 a DOE defense-related computer shall have any expectation

2 of privacy in the use of that computer.

3 (c) DEFINITIONS.—For purposes of this section:

4 (1) The term ‘DOE defense-related computer’’

5 means a computer of the Department of Energy or a

6 Department of Energy contractor that is used, in

7 whole or in part, for a Department of Energy defense8 related activity.

9 (2) The term ‘‘computer’’ means an electronic,

10 magnetic, optical, electrochemical, or other high-speed

11 data processing device performing logical, arithmetic,

12 or storage functions, and includes any data storage

13 facility or communications facility directly related to,

14 or operating in conjunction with, such device.

15 (3) The term ‘‘authorized investigative agency’’

16 means an agency authorized by law or regulation to

17 conduct a counterintelligence investigation or inves18 tigations of persons who are proposed for access to

19 classified information to ascertain whether such per20 sons satisfy the criteria for obtaining and retaining

21 access to such information.

22 (4) The term ‘‘classified information’’ means any

23 information that has been determined pursuant to

24 Executive Order No. 12356 of April 2, 1982, or suc25 cessor orders, or the Atomic Energy Act of 1954, to
550

•S 1059 EAH

1 require protection against unauthorized disclosure

2 and that is so designated.

3 (5) The term ‘‘employee’’ includes any person

4 who receives a salary or compensation of any kind

5 from the Department of Energy, is a contractor of the

6 Department of Energy or an employee thereof, is an

7 unpaid consultant of the Department of Energy, or

8 otherwise acts for or on behalf of the Department of

9 Energy.

10 (d) ESTABLISHMENT OF PROCEDURES.—Not later

11 than 90 days after the date of the enactment of this Act,

12 the Secretary of Energy shall prescribe such regulations as

13 may be necessary to implement this section.

14 SEC. 3195. DEFINITION OF NATIONAL LABORATORY.

15 For purposes of this subtitle, the term ‘‘national lab16 oratory’’ means any of the following:

17 (1) The Lawrence Livermore National Labora18 tory, Livermore, California.

19 (2) The Los Alamos National Laboratory, Los

20 Alamos, New Mexico.

21 (3) The Sandia National Laboratories, Albu22 querque, New Mexico.

23 (4) The Oak Ridge National Laboratories, Oak

24 Ridge, Tennessee.
551

•S 1059 EAH

1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY

3 BOARD

4 SEC. 3201. AUTHORIZATION.

5 There are authorized to be appropriated for fiscal year

6 2000, $17,500,000 for the operation of the Defense Nuclear

7 Facilities Safety Board under chapter 21 of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

9 TITLE XXXIII—NATIONAL

10 DEFENSE STOCKPILE

11 SEC. 3301. DEFINITIONS.

12 In this title:

13 (1) The term ‘‘National Defense Stockpile’’

14 means the stockpile provided for in section 4 of the

15 Strategic and Critical Materials Stock Piling Act (50

16 U.S.C. 98c).

17 (2) The term ‘‘National Defense Stockpile Trans18 action Fund’’ means the fund in the Treasury of the

19 United States established under section 9(a) of the

20 Strategic and Critical Materials Stock Piling Act (50

21 U.S.C. 98h(a)).

22 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

23 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis24 cal year 2000, the National Defense Stockpile Manager may

25 obligate up to $78,700,000 of the funds in the National De-
552

•S 1059 EAH

1 fense Stockpile Transaction Fund for the authorized uses

2 of such funds under section 9(b)(2) of the Strategic and

3 Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)),

4 including the disposal of hazardous materials that are envi5 ronmentally sensitive.

6 (b) ADDITIONAL OBLIGATIONS.—The National Defense

7 Stockpile Manager may obligate amounts in excess of the

8 amount specified in subsection (a) if the National Defense

9 Stockpile Manager notifies Congress that extraordinary or

10 emergency conditions necessitate the additional obligations.

11 The National Defense Stockpile Manager may make the ad12 ditional obligations described in the notification after the

13 end of the 45-day period beginning on the date on which

14 Congress receives the notification.

15 (c) LIMITATIONS.—The authorities provided by this

16 section shall be subject to such limitations as may be pro17 vided in appropriations Acts.

18 SEC. 3303. ELIMINATION OF CONGRESSIONALLY IMPOSED

19 DISPOSAL RESTRICTIONS ON SPECIFIC

20 STOCKPILE MATERIALS.

21 Sections 3303 and 3304 of the National Defense Au22 thorization Act for Fiscal Year 1996 (Public Law 104–106;

23 110 Stat. 629) are repealed.
553

•S 1059 EAH

1 TITLE XXXIV—MARITIME

2 ADMINISTRATION

3 SEC. 3401. SHORT TITLE.

4 This title may be cited as the ‘‘Maritime Administra5 tion Authorization Act for Fiscal Year 2000’’.

6 SEC. 3402. AUTHORIZATION OF APPROPRIATIONS FOR FIS7 CAL YEAR 2000.

8 Funds are hereby authorized to be appropriated, to be

9 available without fiscal year limitation if so provided in

10 appropriations Acts, for the use of the Department of

11 Transportation for the Maritime Administration as follows:

12 (1) For expenses necessary for operations and

13 training activities, $79,764,000 for fiscal year 2000.

14 (2) For expenses under the loan guarantee pro15 gram authorized by title XI of the Merchant Marine

16 Act, 1936 (46 App. U.S.C. 1271 et seq.), $34,893,000

17 for fiscal year 2000, of which—

18 (A) $31,000,000 is for the cost (as defined

19 in section 502(5) of the Federal Credit Reform

20 Act of 1990 (2 U.S.C. 661a(5))) of loan guaran21 tees under the program; and

22 (B) $3,893,000 is for administrative ex23 penses related to loan guarantee commitments

24 under the program.
554

•S 1059 EAH

1 SEC. 3403. AMENDMENTS TO TITLE XI OF THE MERCHANT

2 MARINE ACT, 1936.

3 (a) AUTHORITY TO HOLD OBLIGATION PROCEEDS IN

4 ESCROW.—Section 1108(a) of the Merchant Marine Act,

5 1936 (46 App. U.S.C. 1279a(a)) is amended by striking so

6 much as precedes ‘‘guarantee of an obligation’’ and insert7 ing the following:

8 ‘‘(a) AUTHORITY TO HOLD OBLIGATION PROCEEDS IN

9 ESCROW.—(1) If the proceeds of an obligation guaranteed

10 under this title are to be used to finance the construction,

11 reconstruction, or reconditioning of a vessel that will serve

12 as security for the guarantee, the Secretary may accept and

13 hold, in escrow under an escrow agreement with the

14 obligor—

15 ‘‘(A) the proceeds of that obligation, including

16 such interest as may be earned thereon; and

17 ‘‘(B) if required by the Secretary, an amount

18 equal to 6 month’s interest on the obligation.

19 ‘‘(2) The Secretary may release funds held in escrow

20 under paragraph (1) only if the Secretary determines

21 that—

22 ‘‘(A) the obligor has paid its portion of the ac23 tual cost of construction, reconstruction, or recondi24 tioning; and

25 ‘‘(B) the funds released are needed—
555

•S 1059 EAH

1 ‘‘(i) to pay, or make reimbursements in

2 connection with payments previously made for

3 work performed in that construction, reconstruc4 tion, or reconditioning; or

5 ‘‘(ii) to pay for other costs approved by the

6 Secretary, with respect to the vessel or vessels.

7 ‘‘(3) If the security for the’’.

8 (b) AUTHORITY TO HOLD OBLIGOR’S CASH AS COL9 LATERAL.—Title XI of the Merchant Marine Act, 1936 is

10 amended by inserting after section 1108 the following:

11 ‘‘SEC. 1109. DEPOSIT FUND.

12 ‘‘(a) ESTABLISHMENT OF DEPOSIT FUND.—There is

13 established in the Treasury a deposit fund for purposes of

14 this section. The Secretary may, in accordance with an

15 agreement under subsection (b), deposit into and hold in

16 the deposit fund cash belonging to an obligor to serve as

17 collateral for a guarantee under this title made with respect

18 to the obligor.

19 ‘‘(b) AGREEMENT.—

20 ‘‘(1) IN GENERAL.—The Secretary and an obli21 gor shall enter into a reserve fund or other collateral

22 account agreement to govern the deposit, withdrawal,

23 retention, use, and reinvestment of cash of the obligor

24 held in the deposit fund established by subsection (a).
556

•S 1059 EAH

1 ‘‘(2) TERMS.—The agreement shall contain such

2 terms and conditions as are required under this sec3 tion and such additional terms as are considered by

4 the Secretary to be necessary to protect fully the inter5 ests of the United States.

6 ‘‘(3) SECURITY INTEREST OF UNITED STATES.—

7 The agreement shall include terms that grant to the

8 United States a security interest in all amounts de9 posited into the deposit fund.

10 ‘‘(c) INVESTMENT.—The Secretary may invest and re11 invest any part of the amounts in the deposit fund estab12 lished by subsection (a) in obligations of the United States

13 with such maturities as ensure that amounts in the deposit

14 fund will be available as required for purposes of agree15 ments under subsection (b). Cash balances of the deposit

16 fund in excess of current requirements shall be maintained

17 in a form of uninvested funds and the Secretary of the

18 Treasury shall pay interest on these funds.

19 ‘‘(d) WITHDRAWALS.—

20 ‘‘(1) IN GENERAL.—The cash deposited into the

21 deposit fund established by subsection (a) may not be

22 withdrawn without the consent of the Secretary.

23 ‘‘(2) USE OF INCOME.—Subject to paragraph (3),

24 the Secretary may pay any income earned on cash of

25 an obligor deposited into the deposit fund in accord-
557

•S 1059 EAH

1 ance with the terms of the agreement with the obligor

2 under subsection (b).

3 ‘‘(3) RETENTION AGAINST DEFAULT.—The Sec4 retary may retain and offset any or all of the cash

5 of an obligor in the deposit fund, and any income re6 alized thereon, as part of the Secretary’s recovery

7 against the obligor in case of a default by the obligor

8 on an obligation.’’.

9 SEC. 3404. EXTENSION OF WAR RISK INSURANCE AUTHOR10 ITY.

11 Section 1214 of the Merchant Marine Act, 1936 (46

12 App. U.S.C. 1294) is amended by striking ‘‘June 30, 2000’’

13 and inserting ‘‘June 30, 2005’’.

14 SEC. 3405. OWNERSHIP OF THE JEREMIAH O’BRIEN.

15 Section 3302(l)(1)(C) of title 46, United States Code,

16 is amended by striking ‘‘owned by the United States Mari17 time Administration’’ and inserting ‘‘owned by the Na18 tional Liberty Ship Memorial, Inc.’’.

19 TITLE XXXV—PANAMA CANAL

20 COMMISSION

21 SEC. 3501. SHORT TITLE.

22 This title may be cited as the ‘‘Panama Canal Com23 mission Authorization Act for Fiscal Year 2000’’.
558

•S 1059 EAH

1 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

2 (a) IN GENERAL.—Subject to subsection (b), the Pan3 ama Canal Commission is authorized to use amounts in

4 the Panama Canal Revolving Fund to make such expendi5 tures within the limits of funds and borrowing authority

6 available to it in accordance with law, and to make such

7 contracts and commitments, as may be necessary under the

8 Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for

9 the operation, maintenance, improvement, and administra10 tion of the Panama Canal for fiscal year 2000 until the

11 termination of the Panama Canal Treaty of 1977.

12 (b) LIMITATIONS.—Until noon on December 31, 1999,

13 the Panama Canal Commission may expend from funds in

14 the Panama Canal Revolving Fund not more than $100,000

15 for official reception and representation expenses, of

16 which—

17 (1) not more than $28,000 may be used for offi18 cial reception and representation expenses of the Su19 pervisory Board of the Commission;

20 (2) not more than $14,000 may be used for offi21 cial reception and representation expenses of the Sec22 retary of the Commission; and

23 (3) not more than $58,000 may be used for offi24 cial reception and representation expenses of the Ad25 ministrator of the Commission.
559

•S 1059 EAH

1 SEC. 3503. PURCHASE OF VEHICLES.

2 Notwithstanding any other provision of law, the funds

3 available to the Panama Canal Commission shall be avail4 able for the purchase and transportation to the Republic

5 of Panama of passenger motor vehicles built in the United

6 States, the purchase price of which shall not exceed $26,000

7 per vehicle.

8 SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION.

9 (a) EXPENDITURES FROM PANAMA CANAL COMMIS10 SION DISSOLUTION FUND.—Section 1305(c)(5) of the Pan11 ama Canal Act of 1979 (22 U.S.C. 3714a(c)(5)) is amended

12 by inserting ‘‘(A)’’ after ‘‘(5)’’ and by adding at the end

13 the following:

14 ‘‘(B) The office established by subsection (b) is author15 ized to expend or obligate funds from the Fund for the pur16 poses enumerated in clauses (i) and (ii) of paragraph

17 (2)(A) until October 1, 2004.’’.

18 (b) OPERATION OF THE OFFICE OF TRANSITION AD19 MINISTRATION.—

20 (1) IN GENERAL.—The Panama Canal Act of

21 1979 (22 U.S.C. 3601 et seq.) shall continue to govern

22 the Office of Transition Administration until October

23 1, 2004.

24 (2) PROCUREMENT.—For purposes of exercising

25 authority under the procurement laws of the United
560

•S 1059 EAH

1 States, the director of such office shall have the status

2 of the head of an agency.

3 (3) OFFICES.—The Office of Transition Admin4 istration shall have offices in the Republic of Panama

5 and in the District of Columbia. Section 1110(b)(1)

6 of the Panama Canal Act of 1973 (22 U.S.C.

7 3620(b)(1)) does not apply to such office in the Re8 public of Panama.

9 (4) EFFECTIVE DATE.—This subsection shall be

10 effective on and after the termination of the Panama

11 Canal Treaty of 1977.

12 (c) OFFICE OF TRANSITION ADMINISTRATION DE13 FINED.—In this section the term ‘‘Office of Transition Ad14 ministration’’ means the office established under section

15 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a)

16 to close out the affairs of the Panama Canal Commission.

Attest:

Clerk.