II

106TH CONGRESS

1ST SESSION S. 974

To authorize appropriations for fiscal years 2000 and 2001 for military

activities of the Department of Defense, to prescribe military personnel

strengths for fiscal years 2000 and 2001, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 6, 1999

Mr. WARNER (for himself and Mr. LEVIN) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To authorize appropriations for fiscal years 2000 and 2001

for military activities of the Department of Defense,

to prescribe military personnel strengths for fiscal years

2000 and 2001, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Years 2000 and 2001’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Table of contents.
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TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Defense Health Program.

Sec. 107. Chemical Demilitarization Program.

Subtitle B—Multi-Year Contract Authorizations

Sec. 111. Authorization of Multi-Year Contracts for Army and Navy.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Sec. 201. Authorization of appropriations.

TITLE III—OPERATION AND MAINTENANCE

Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

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

Sec. 305. Authority to fund Inspector expenses from the Organization for the

Prohibition of Chemical Weapons.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for Active Forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

Sec. 414. End strengths for military technicians (non-dual status).

Sec. 415. Increase in number of members in certain grades authorized to serve

on active duty in support of the Reserves.

Subtitle C—End and Grade Strength Management

Sec. 416. Permanent end strength levels to support two major regional contingencies.

Sec. 417. Permanent Selected Reserve end strength waiver authority.

Sec. 418. Senior joint officer positions exempted from numerical limitation; permanent authorities.

Sec. 419. Air Force officer authorizations; exemption for certain positions from

grade strengths.

TITLE V—MILITARY PERSONNEL POLICY
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Subtitle A—Officer Personnel Policy

Sec. 501. Officers eligible to serve on boards of inquiry.

Sec. 502. Clarification of selection procedures for the Judge Advocate General

and the Assistant/Deputy Judge Advocate General of the military departments and the Staff Judge Advocate to the Commandant to the Marine Corps.

Sec. 503. Tenure requirement for critical acquisition positions.

Sec. 504. Recommendations for promotion by selection boards.

Subtitle B—Matters Relating to Reserve Components

Sec. 510. Continuation on Reserve active status list to complete disciplinary action.

Sec. 511. Authority to order Reserve component members to active duty to

complete a medical evaluation.

Sec. 512. Eligibility for consideration for promotion; general rules.

Sec. 513. Retention of certain Reserve component officers who twice failed selection for promotion.

Sec. 514. Computation of years of service exclusion.

Sec. 515. Authority to retain Reserve component chaplains until age 67.

Sec. 516. Space required travel for Reserves; expansion and codification.

Sec. 517. 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. 518. Clerical amendment regarding retired pay for non-regular service.

Subtitle C—Military Education and Training

Sec. 520. To make permanent the expansion of ROTC Program to include

graduate students.

Sec. 521. Correction of reserve credit for participation in Health Professional

Scholarship and Financial Assistance Program.

Sec. 522. Payment of tuition for off-duty training or education.

Sec. 523. Dean of the Academic Board of the United States Military Academy

and Dean of the Faculty of the United States Air Force Academy.

Sec. 524. United States Army War College Master of Strategic Studies Degree.

Sec. 525. Minimum education requirements for Community College of the Air

Force faculty.

Sec. 526. Air University: Graduate-level degrees.

Sec. 527. Financial Assistance Program for Specially Selected Members: Marine Corps Reserve.

Subtitle D—Uniform Code of Military Justice

Sec. 530. Increase in jurisdiction of special courts-martial to authorize imposition of sentence to confinement and forfeitures of pay of not

more than one year.

Sec. 531. Revision to measurement of breath and blood alcohol for purposes of

determining the offense of drunken operation of a vehicle, aircraft, or vessel.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances
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Sec. 601. Increase in basic pay for fiscal year 2000.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 610. Enlistment bonus installment.

Sec. 611. Enlistment bonus amount.

Sec. 612. Reenlistment bonus—months of continuous active duty.

Sec. 613. Reenlistment bonus; increase in statutory maximum payable.

Sec. 614. Reserve component prior service enlistment bonus eligibility for attaining a critical skill.

Sec. 615. Aviation career incentive pay for air battle managers.

Sec. 616. Diving duty special pay and hazardous duty incentive pay.

Sec. 617. Career enlisted flyer incentive pay.

Sec. 618. Increase to diving duty special pay.

Sec. 619. Foreign language proficiency pay-increase in statutory maximum payable.

Sec. 620. Surface warfare officer continuation pay.

Sec. 621. Aviation career officers extending period of active duty.

Sec. 622. Special warfare officer continuation pay.

Sec. 623. Increase in special pay and bonuses for nuclear-qualified officers.

Subtitle C—Extension of Certain Bonuses and Special Pays

Sec. 625. Extension of certain bonuses and special pay authorities for Reserve

Forces through fiscal year 2001.

Sec. 626. Extension of authorities relating to payment of reenlistment and enlistment bonuses and special pay for aviation career officers extending period of active duty.

Sec. 627. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 628. Extension of authority relating to payment of nuclear career field bonuses and special pay.

Subtitle D—Military Retired Pay

Sec. 630. Repeal of reduction in retired pay applicable to post-August 1, 1986,

members with less than 30 years of service.

Sec. 631. Modify the ‘‘CPI–1’’ cost-of-living adjustment applicable to retired

pay of post-August 1, 1986, members.

Sec. 632. Conforming amendments.

Sec. 633. Effective date.

Subtitle E—Other Matters

Sec. 640. Lump sum leave with reenlistment.

Sec. 641. Emergency leave travel cost limitations.

Sec. 642. Authority to pay certain actual expenses of reservists.

Sec. 643. Aviation career incentive pay; delegation of authority to waive operational flying duty requirements.

Sec. 644. Tuition assistance for members deployed in contingency operation.

Sec. 645. Payment of temporary lodging expenses to members making their

first permanent change of station.

Sec. 646. Duty status; whereabouts unknown; pay administration.

Sec. 647. Biennial reporting requirement for the Montgomery GI Bill; Selected

Reserve.

TITLE VII—HEALTH CARE PROVISIONS
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Sec. 701. Administration of health care contracts and programs.

Sec. 702. Continuation of previously provided custodial care benefits for certain

CHAMPUS beneficiaries.

Sec. 703. Modification of due date for evaluation and report on Tricare effectiveness.

Sec. 704. Authority of Armed Forces Medical Examiner to conduct autopsies.

Sec. 705. Emergency medical care for employees of the Department of Defense

on duty in the former Soviet Union or former Warsaw Pact

countries.

Sec. 706. Third Party Collection Program improvement.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Sec. 801. Protection of commercial sources.

Sec. 802. Waiver of live-fire survivability testing MH–47E/MH 60K Helicopter

Modification Programs.

Sec. 803. Sale, exchange, and waiver authority for coal and coke.

Sec. 804. Repeal of certification funding for support costs in the Five Year Defense Program.

Sec. 805. Repeal of the Shipbuilding Capability Preservation Agreement.

Sec. 806. Elimination of subcontract notification requirements.

Sec. 807. Annual report to Congress on Nuclear Attack Submarine Procurement and Submarine Technology;.

Sec. 808. Elimination of annual report on design responsibility of New Attack

Submarine Program.

Sec. 809. Clerical amendment to the authority to carry out certain prototype

projects.

Sec. 810. Manufacturing technology cost sharing.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—Organizations

Sec. 901. Abolishment of position of Assistant to the Secretary of Defense for

Nuclear and Chemical and Biological Defense Programs.

Sec. 902. Modification of titles of certain members of the Strategic Environmental Research and Development Program Council.

Sec. 903. Establishment of position in the Office of the Secretary of Defense

of Director of Defense Logistics.

Subtitle B—Service Academy Management

Sec. 905. Hours and pay for Service Academy faculty.

Sec. 906. Eligibility for Presidential appointment to a service academy; to include children of Reserve personnel and certain active duty personnel.

Sec. 907. Reimbursement of expenses for instruction at Service Academies of

persons from foreign countries.

Sec. 908. Service Academy Foreign Exchange Program.

Subtitle C—Personnel Management

Sec. 910. Deletion of civilian employees from investigations of complaints of

sexual harassment by commanding officers and officers-incharge.
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Sec. 911. Exemption of Retiree Council members from recalled retiree limits.

Subtitle D—Other Matters

Sec. 915. Exemption from requirement for release of personnel information for

certain overseas, sensitive, and routinely deployable units.

Sec. 916. Vessels stricken from Naval Register, captures.

Sec. 917. Leases: Land for special operations activities; extension of authority.

Sec. 918. To consolidate various Departments of the Navy Trust and Gift

Funds.

Sec. 919. Use of Burden Sharing Funds for construction in the event of war

or national emergency.

Sec. 920. Protection of operational files of the National Imagery and Mapping

Agency.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Repeal of requirement for separate budget request for procurement

of Reserve equipment.

Sec. 1002. Repeal of requirement for two-year budget cycle for the Department

of Defense.

Sec. 1003. Date for submittal of Joint Report on Scoring of Budget Outlays.

Sec. 1004. Extension of pilot program for the sale of air pollution emission reduction incentives.

Subtitle B—Foreign Nations

Sec. 1010. Cooperative military airlift agreements: allied countries.

Sec. 1011. One-year extension of counterproliferation authorities for support of

United Nations Special Commission on Iraq.

Subtitle C—Department of Defense Schools

Sec. 1015. Amendment of eligibility requirements for attendance at Department

of Defense domestic dependent elementary and secondary

schools, rising senior.

Sec. 1016. Amendment of provision for school boards in Department of Defense

domestic dependent elementary and secondary schools.

Sec. 1017. Amendment of eligibility criteria for dependents of members of the

Armed Forces or of Federal employees to attend DoD domestic

dependent elementary and secondary schools.

Subtitle D—Other Matters

Sec. 1020. Installment contracts for purchases of property.

Sec. 1021. National Guard Challenge Program.

Sec. 1022. Telecommunication equipment installation for Military Services Volunteer Programs; discretionary authority to install equipment.

Sec. 1023. Extension of certain benefits to DoD employees who deploy outside

the United States in support of Armed Forces during hostilities.

Sec. 1024. Chemical Stockpile Emergency Preparedness Program.

TITLE XI—BASE REALIGNMENT AND CLOSURE ACT OF

1999
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Sec. 1101. Short title and purpose.

Sec. 1102. The Commission.

Sec. 1103. Procedure for making recommendations for base closures and realignments.

Sec. 1104. Closure and realignment of military installations.

Sec. 1105. Implementation.

Sec. 1106. Account.

Sec. 1107. Reports.

Sec. 1108. Congressional consideration of Commission report.

Sec. 1109. Restriction on other base closure authority.

Sec. 1110. Definitions.

Sec. 1111. Clarifying amendments.

Sec. 1112. Conforming amendments.

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.

Sec. 2105. Modification of authority to carry out certain fiscal year 1995

projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 1998

projects.

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, drug interdiction and counter-drug activities.

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. Authorization, drug interdiction and counter-drug activities.

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. Modification of authority to carry out certain fiscal year 1990

projects.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM
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Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXXVI—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.

Sec. 2702. Extension of authorizations of certain fiscal year 1996 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1995 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing

Sec. 2801. Limitation on certain projects; authority to carry out small projects

with operation and maintenance funds.

Sec. 2802. Planning and design funds for military construction projects.

Subtitle B—Real Property and Facilities Administration

Sec. 2803. Utility privatization.

Sec. 2804. Authority to carry out former military housing Privatization projects

with funds transferred to family housing construction.

Sec. 2805. Pilot project for the improvement and operating support of Ford Island, Hawaii.

Subtitle C—Defense Base Closure and Realignment

Sec. 2806. Establishment of environmental restoration accounts for base closure installations and formerly used defense sites.

1 TITLE I—PROCUREMENT

2 Subtitle A—Authorization of

3 Appropriations

4 SEC. 101. ARMY.

5 (a) AIRCRAFT.—Funds are hereby authorized to be

6 appropriated for procurement of aircraft for the Army as

7 follows:

8 (1) $1,229,888,000 for fiscal year 2000.

9 (2) $1,311,751,000 for fiscal year 2001.
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1 (b) MISSILES.—Funds are hereby authorized to be

2 appropriated for procurement of missiles for the Army as

3 follows:

4 (1) $1,358,104,000 for fiscal year 2000.

5 (2) $1,413,287,000 for fiscal year 2001.

6 (c) WEAPONS AND TRACKED COMBAT VEHICLES.—

7 Funds are hereby authorized to be appropriated for pro8 curement of weapons and tracked combat vehicles for the

9 Army as follows:

10 (1) $1,416,765,000 for fiscal year 2000.

11 (2) $1,499,762,000 for fiscal year 2001.

12 (d) AMMUNITION.—Funds are hereby authorized to

13 be appropriated for procurement of ammunition for the

14 Army as follows:

15 (1) $1,140,816,000 for fiscal year 2000.

16 (2) $1,256,928,000 for fiscal year 2001.

17 (e) OTHER PROCUREMENT.—Funds are hereby au18 thorized to be appropriated for procurement for ammuni19 tion for the Army as follows:

20 (1) $3,423,870,000 for fiscal year 2000.

21 (2) $4,050,455,000 for fiscal year 2001.

22 SEC. 102. NAVY AND MARINE CORPS.

23 (a) AIRCRAFT.—Funds are hereby authorized to be

24 appropriated for procurement of aircraft for the Navy as

25 follows:
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1 (1) $8,228,655,000 for fiscal year 2000.

2 (2) $8,010,880,000 for fiscal year 2001.

3 (b) WEAPONS.—Funds are hereby authorized to be

4 appropriated for procurement of weapons (including mis5 siles and torpedoes) for the Navy as follows:

6 (1) $1,357,400,000 for fiscal year 2000.

7 (2) $1,559,200,000 for fiscal year 2001.

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

9 are hereby authorized to be appropriated for ammunition

10 for the Navy and Marine Corps as follows:

11 (1) $484,900,000 for fiscal year 2000.

12 (2) $479,800,000 for fiscal year 2001.

13 (d) SHIPBUILDING AND CONVERSION.—Funds are

14 hereby authorized to be appropriated for shipbuilding and

15 conversion for the Navy as follows:

16 (1) $6,678,454,000 for fiscal year 2000.

17 (2) $12,225,660 for fiscal year 2001.

18 (e) OTHER PROCUREMENT, NAVY.—Funds are here19 by authorized to be appropriated for other procurement

20 for the Navy as follows:

21 (1) $4,100,091,000 for fiscal year 2000.

22 (2) $3,640,153,000 for fiscal year 2001.

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

24 be appropriated for procurement for the Marine Corps as

25 follows:
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1 (1) $1,137,220,000 for fiscal year 2000.

2 (2) $1,129,880,000 for fiscal year 2001.

3 SEC. 103. AIR FORCE.

4 (a) AIRCRAFT.—Funds are hereby authorized to be

5 appropriated for procurement of aircraft for the Air Force

6 as follows:

7 (1) $9,302,086,000 for fiscal year 2000.

8 (2) $9,923,117,000 for fiscal year 2001.

9 (b) MISSILES.—Funds are hereby authorized to be

10 appropriated for procurement of missiles for the Air Force

11 as follows:

12 (1) $2,359,608,000 for fiscal year 2000.

13 (2) $3,337,205,000 for fiscal year 2001.

14 (c) AMMUNITION.—Funds are hereby authorized to

15 be appropriated for ammunition for the Air Force as fol16 lows:

17 (1) $419,537,000 for fiscal year 2000.

18 (2) $648,324,000 for fiscal year 2001.

19 (d) OTHER PROCUREMENT.—Funds are hereby au20 thorized to be appropriated for other procurement for the

21 Air Force as follows:

22 (1) $7,085,177,000 for fiscal year 2000.

23 (2) $7,399,048,000 for fiscal year 2001.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 Funds are hereby authorized to be appropriated for

3 Defense-wide procurement as follows:

4 (1) $2,128,967,000 for fiscal year 2000.

5 (2) $2,911,556,000 for fiscal year 2001.

6 SEC. 105. DEFENSE INSPECTOR GENERAL.

7 Funds are hereby authorized to be appropriated for

8 the Inspector General of the Department of Defense as

9 follows:

10 (1) $2,100,000 for fiscal year 2000.

11 (2) $2,100,000 for fiscal year 2001.

12 SEC. 106. DEFENSE HEALTH PROGRAM.

13 Funds are hereby authorized to be appropriated for

14 procurement for carrying out health care programs,

15 projects, and activities of the Department of Defense as

16 follows:

17 (1) $356,970,000 for fiscal year 2000.

18 (2) $363,149,000 for fiscal year 2001.

19 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

20 Funds are hereby authorized to be appropriated for

21 the destruction of lethal chemical weapons in accordance

22 with section 1412 of the Department of Defense Author23 ization Act, 1986 (50 U.S.C. 1521) and the destruction

24 of chemical warfare of the United States that is not cov25 ered by section 1412 of such Act as follows:

26 (1) $1,169,000,000 for fiscal year 2000.
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1 (2) $986,000,000 for fiscal year 2001.

2 Subtitle B—Multi-Year Contract

3 Authorization

4 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

5 Multi-year contracts may be entered into accordance

6 with section 2306 of title 10, United States Code, as fol7 lows:

8 (1) For the Army:

9 (A) Longbow Apache Helicopter;

10 (B) Javelin Missile;

11 (C) MLRS Rocket Launcher;

12 (D) Abrams M1A2 Upgrade; and

13 (E) Bradley M2A3 Vehicle.

14 (2) For the Navy: F/A–18E/F Aircraft.

15 TITLE II—RESEARCH, DEVELOP16 MENT, TEST, AND EVALUA17 TION

18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

19 (a) FISCAL YEAR 2000.—Funds are hereby author20 ized to be appropriated for fiscal year 2000 for the use

21 of the Armed Forces for research, development, test, and

22 evaluation, as follows:

23 (1) For the Army, $4,426,194,000.

24 (2) For the Navy, $7,984,016,000.

25 (3) For the Air Force, $13,077,829,000.
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1 (4) For Defense-wide activities,

2 $8,887,180,000, of which—

3 (A) $253,457,000 is authorized for the ac4 tivities of the Director, Test and Evaluation;

5 and

6 (B) $24,434,000 is authorized for the Di7 rector of Operational Test and Evaluation.

8 (b) FISCAL YEAR 2001.—Funds are hereby author9 ized to be appropriated for fiscal year 2001 for the use

10 of the Armed Forces for research, development, test, and

11 evaluation, as follows:

12 (1) For the Army, $4,750,578,000.

13 (2) For the Navy, $7,974,893,000.

14 (3) For the Air Force, $12,756,201,000.

15 (4) For Defense-wide activities,

16 $8,807,157,000, of which—

17 (A) $253,523,000 is authorized for the ac18 tivities of the Director, Test and Evaluation;

19 and

20 (B) $24,004,000 is authorized for the Di21 rector of Operational Test and Evaluation.
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Authorization Of Appropriations

4 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

5 (a) FISCAL YEAR $2000.—Funds are hereby author6 ized to be appropriated for fiscal year 2000 for the use

7 of the Armed Forces of the United States and other activi8 ties and agencies of the Department of Defense, for ex9 penses, not otherwise provided for, for operation and

10 maintenance, in amounts as follows:

11 (1) For the Army, $18,660,994,000.

12 (2) For the Navy, $22,238,715,000.

13 (3) For the Marine Corps, $2,558,929,000.

14 (4) For the Air Force, $20,363,000.

15 (5) For Defense-wide activities,

16 $11,419,233,000.

17 (6) For the Army Reserve, $1,369,213,000.

18 (7) For the Naval Reserve, $917,647,000.

19 (8) For the Marine Corps Reserve,

20 $123,266,000.

21 (9) For the Air Force Reserve, $1,728,437,000.

22 (10) For the Army National Guard,

23 $2,903,549,000.

24 (11) For the Air National Guard,

25 $3,099,618,000.
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1 (12) For the Defense Inspector General,

2 $138,744,000.

3 (13) For United States Court of Appeals for

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

5 (14) For Environmental Restoration, Army,

6 $378,170,000.

7 (15) For Environmental Restoration, Navy,

8 $284,000,000.

9 (16) For Environmental Restoration, Air Force,

10 $376,800,000.

11 (17) For Environmental Restoration, Defense12 wide, $25,370.000.

13 (18) For Environmental Restoration, Formerly

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

15 (19) For Overseas Humanitarian, Disaster, and

16 Civic Aid, $55,800,000.

17 (20) For Drug Interdiction and Counter-drug

18 Activities, Defense-wide, $788,100,000.

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

20 Remediation, and Environmental Restoration Trust

21 Fund, $15,000,000.

22 (22) For the Defense Health Program,

23 $10,477,687,000.

24 (23) For Cooperative Threat Reduction Pro25 grams, $475,500,000.
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1 (24) For the Overseas Contingency Operations

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

3 (25) For Quality of Life Enhancements, De4 fense, $1,845,370,000.

5 (b) FISCAL YEAR 2001.—Funds are hereby author6 ized to be appropriated for fiscal year 2001 for the use

7 of the Armed Forces of the United States and other activi8 ties and agencies of the Department of Defense, for ex9 penses, not otherwise provided for, for operation and

10 maintenance, in amounts as follows:

11 (1) For the Army, $19,198,842,000.

12 (2) For the Navy, $22,392,156,000.

13 (3) For the Marine Corps, $2,694,578,000.

14 (4) For the Air Force, $21,917,426,000.

15 (5) For the Defense Agencies,

16 $11,421,023,000.

17 (6) For the Army Reserve, $1,481,540,000.

18 (7) For the Naval Reserve, $888,701,000.

19 (8) For the Marine Corps Reserve,

20 $129,890,000.

21 (9) For the Air Force Reserve, $1,784,073,000.

22 (10) For the Army National Guard,

23 $3,042,568,000.

24 (11) For the Air National Guard,

25 $3,251,166,000.
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1 (12) For the Defense Inspector General,

2 $144,375.000.

3 (13) For the United States Court of Appeals

4 for the Armed Forces, $7,894,000.

5 (14) For Environmental Restoration, Army,

6 $382,890,000.

7 (15) For Environmental Restoration, Navy,

8 $296,000,000.

9 (16) For Environmental Restoration, Air Force,

10 $379,300,000.

11 (17) For Environmental Restoration, Defense12 wide, $187,499,000.

13 (18) For Environmental Restoration, Formerly

14 Used Defense Sites, $187,499,000.

15 (19) For Overseas Humanitarian, Disaster, and

16 Civic Aid, $64,900,000.

17 (20) For Drug Interdiction and Counter-drug

18 Activities, Defense-wide, $769,600,000.

19 (21) For the Defense Health Program,

20 $10,908,030,000.

21 (22) For Cooperative Threat Reduction Pro22 grams, $501,000,000.

23 (23) For the Overseas Contingency Operations

24 Transfer Fund, $1,295,000,000.
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1 SEC. 302. WORKING CAPITAL FUNDS.

2 (a) FISCAL YEAR 2000.—Funds are hereby author3 ized to be appropriated for fiscal year 2000 for the use

4 of the Armed Forces of the United States and other activi5 ties and agencies of the Department of Defense for pro6 viding capital for working capital and revolving funds in

7 amounts as follows:

8 (1) For the Defense Working Capital Funds,

9 $90,344,000.

10 (2) For the National Defense Sealift Fund,

11 $354,700,000.

12 (b) FISCAL YEAR 2001.—Funds are hereby author13 ized to be appropriated for fiscal year 2001 for the use

14 of the Armed Forces of the United States and other activi15 ties and agencies of the Department of Defense for pro16 viding capital for working capital and revolving funds, in

17 amounts as follows:

18 (1) For the Defense Working Capital Funds,

19 $390,408,000.

20 (2) For the National Defense Sealift Fund,

21 $377,600,000.

22 SEC. 303. ARMED FORCES RETIREMENT HOME.

23 There is hereby authorized to be appropriated from

24 the Armed Forces Retirement Home Trust Fund for the

25 operation of the Armed Forces Retirement Home, includ-
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1 ing the United States Soldiers’ and Airmen’s Home and

2 the Naval Home, as follows:

3 (1) $68,295,000 for fiscal year 2000.

4 (2) $68,000,000 for fiscal year 2001.

5 SEC. 304. TRANSFER FROM THE NATIONAL DEFENSE

6 STOCKPILE TRANSACTION FUND.

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

8 in appropriations Acts:

9 (1) Not more than $150,000,000 is authorized

10 to be transferred from the National Defense Stock11 pile Transaction Fund to operation and maintenance

12 accounts for fiscal year 2000 in amounts as follows:

13 (A) For the Army, $50,000,000.

14 (B) For the Navy, $50,000,000.

15 (C) For the Air Force, $50,000,000.

16 (2) Revenue over $393,500,000 from Fiscal

17 Year 2000 National Defense Stockpile Sales is au18 thorized to be transferred from the National Defense

19 Stockpile Transaction Fund to Defense Working

20 Capital Funds to finance the cost of operations of

21 the Defense Reutilization and Marketing Service.

22 (b) TREATMENT OF TRANSFERS.—Amounts trans23 ferred under this section—
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1 (1) shall be merged with, and be available for

2 the same purposes and the same period as, the

3 amounts in the accounts to which transferred; and

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

5 been denied authorization of appropriations by Con6 gress.

7 SEC. 305. AUTHORITY TO FUND INSPECTOR EXPENSES

8 FROM THE ORGANIZATION FOR THE PROHI9 BITION OF CHEMICAL WEAPONS.

10 (a) IN GENERAL.—Subchapter II of chapter 138,

11 title 10, United States Code, is amended by adding at the

12 end the following new section:

13 ‘‘§ 23501. Expenses of inspectors from the Organiza14 tion for the Prohibition of Chemical

15 Weapons

16 ‘‘(a) The Secretary of Defense, subject to subsection

17 (b), may pay the expenses of international inspectors from

18 the Technical Secretariat of the Organization for the Pro19 hibition of Chemical Weapons.

20 ‘‘(b) For expenses to qualify under subsection (a),

21 they must be related to the conduct of the inspection and

22 continuous monitoring of Department of Defense sites (in23 cluding United States Government contractor and former

24 contractor sites) performed under the Chemical Weapons

25 Convention. Such expenses may include the following:
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1 ‘‘(1) salary costs for performance of inspection

2 and monitoring duties;

3 ‘‘(2) travel, to include travel to and from the

4 point of entry into the United States and internal

5 United States travel;

6 ‘‘(3) per diem, not to exceed United Nations

7 rates and to be in compliance with United Nations

8 conditions for per diem for that organization; and

9 ‘‘(4) expenses for operations and maintenance

10 of inspection and monitoring equipment.

11 ‘‘(c) The Secretary of Defense may pay the expenses

12 authorized under this section in advance and may pay

13 such expenses on a calendar year basis.’’.

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

15 for such subchapter II is amended by adding at the end

16 the following new item:

‘‘23501. Expenses of inspectors from the Organization for the Prohibition of

Chemical Weapons.’’.

17 TITLE IV—PERSONNEL

18 AUTHORIZATIONS

19 Subtitle A—Active Forces

20 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

21 (a) FISCAL YEAR 2000.—The Armed Forces are au22 thorized strengths for active duty personnel as of Sep23 tember 30, 2000, as follows:

24 (1) The Army, 480,000.
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1 (2) The Navy, 371,781.

2 (3) The Marine Corps, 172,148.

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

4 (b) FISCAL YEAR 2001.—The Armed Forces are au5 thorized strengths for active duty personnel as of Sep6 tember 30, 2001, as follows:

7 (1) The Army, 480,000.

8 (2) The Navy, 371,299.

9 (3) The Marine Corps, 171,989.

10 (4) The Air Force, 354,366.

11 Subtitle B—Reserve Forces

12 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

13 (a) FISCAL YEAR 2000.—The Armed Forces are au14 thorized strengths for Selected Reserve personnel of the

15 Reserve components as of September 30, 2000, as follows:

16 (1) The Army National Guard of the United

17 States, 350,000.

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

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

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

21 (5) The Air National Guard of the United

22 States, 106,678.

23 (6) The Air Force Reserve, 73,708.

24 (7) The Coast Guard Reserve, 7,600.
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1 (b) FISCAL YEAR 2001.—The Armed Forces are au2 thorized strengths for Selected Reserve personnel of the

3 Reserve components as of September 30, 2001, as follows:

4 (1) The Army National Guard of the United

5 States, 350,000.

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

7 (3) The Naval Reserve, 89,594.

8 (4) The Marine Corps Reserve, 39,467.

9 (5) The Air National Guard of the United

10 States, 106,663.

11 (6) The Air Force Reserve, 73,932.

12 (7) The Coast Guard Reserve, 7,600.

13 (c) WAIVER AUTHORITY.—The Secretary of Defense

14 may vary the end strength authorized by subsection (a)

15 or subsection (b) by not more than 2 percent.

16 (d) ADJUSTMENTS.—The end strengths prescribed by

17 subsection (a) or (b) for the Selected Reserve of any Re18 serve component shall be proportionately reduced by—

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of

21 such component which are on active duty (other

22 than for training) at the end of the fiscal year, and

23 (2) the total number of individual members not

24 in units organized to serve as units of the Selected

25 Reserve of such component who are on active duty
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1 (other than for training or for unsatisfactory partici2 pation in training) without their consent at the end

3 of the fiscal year.

4 Whenever such units or such individual members are re5 leased from active duty during any fiscal year, the end

6 strength prescribed for such fiscal year for the Selected

7 Reserve of such Reserve component shall be proportion8 ately increased by the total authorized strengths of such

9 units and by the total number of such individual members.

10 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

11 DUTY IN SUPPORT OF THE RESERVES.

12 (a) FISCAL YEAR 2000.—Within the end strengths

13 prescribed in section 411(a), the Reserve components of

14 the Armed Forces are authorized, as of September 30,

15 2000, the following number of Reserves to be serving on

16 full-time active duty or full-time duty, in the case of mem17 bers of the National Guard, for the purpose of organizing,

18 administering, recruiting, instructing, or training the Re19 serve components:

20 (1) The Army National Guard of the United

21 States, 21,807.

22 (2) The Army Reserve, 12,804.

23 (3) The Naval Reserve, 15,010.

24 (4) The Marine Corps Reserve, 2,272.
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1 (5) The Air National Guard of the United

2 States, 11,091.

3 (6) The Air Force Reserve, 1,078.

4 (b) FISCAL YEAR 2001.—Within the end strengths

5 prescribed in section 411(b), the Reserve components of

6 the Armed Forces are authorized, as of September 30,

7 2001, the following number of Reserves to be serving on

8 full-time active duty or full-time duty, in the case of mem9 bers of the National Guard, for the purpose of organizing,

10 administering, recruiting, instructing, or training the Re11 serve components:

12 (1) The Army National Guard of the United

13 States, 21,807.

14 (2) The Army Reserve, 12,804.

15 (3) The Naval Reserve, 14,769.

16 (4) The Marine Corps Reserve, 2,203.

17 (5) The Air National Guard of the United

18 States, 11,041.

19 (6) The Air Force Reserve, 1,078.

20 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

21 (DUAL STATUS).

22 (A) FISCAL YEAR 2000.—The minimum number of

23 military technicians (dual status) as of the last day of fis24 cal year 2000 for the Reserve components of the Army
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1 and the Air Force (notwithstanding section 129 of title

2 10, United States Code) shall be the following:

3 (1) For the Army Reserve, 5,179.

4 (2) For the Army National Guard of the United

5 States, 21,361.

6 (3) For the Air Force Reserve, 9,785.

7 (4) For the Air National Guard of the United

8 States, 22,247.

9 (b) FISCAL YEAR 2001.—The minimum number of

10 military technicians (dual status) as of the last day of fis11 cal year 2001 for the Reserve components of the Army

12 and the Air Force (notwithstanding section 129 of title

13 10, United States Code) shall be the following:

14 (1) For the Army Reserve, 5,344.

15 (2) For the Army National Guard of the United

16 States, 21,465.

17 (3) For the Air Force Reserve, 9,703.

18 (4) For the Air National Guard of the United

19 States, 22,137.

20 SEC. 414. END STRENGTHS FOR MILITARY TECHNICIANS

21 (NON-DUAL STATUS)

22 (a) FISCAL YEAR 2000.—The Reserve components of

23 the Army and the Air Force are authorized a maximum

24 strength for non-dual status technicians as of September

25 30, 2000, as follows:
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1 (1) For the Army Reserve, 1,295.

2 (2) For the Army National Guard of the United

3 States, 1,800.

4 (3) For the Air Force Reserve, 342.

5 (4) For the Air National Guard of the United

6 States, 342.

7 (b) FISCAL YEAR 2001.—The Reserve components of

8 the Army and the Air Force are authorized a maximum

9 strength for non-dual status technicians as of September

10 30, 2001, as follows:

11 (1) For the Army Reserve, 1,100.

12 (2) For the Army National Guard of the United

13 States, 1,636.

14 (3) For the Air Force Reserve, 342.

15 (4) For the Air National Guard of the United

16 States, 342.

17 SEC. 415. INCREASE IN NUMBER OF MEMBERS IN CERTAIN

18 GRADES AUTHORIZED TO SERVE ON ACTIVE

19 DUTY IN SUPPORT OF THE RESERVES.

20 (a) OFFICERS.—The table in section 12011(a) of title

21 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
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1 (b) SENIOR ENLISTED MEMBERS.—The table in sec2 tion 12012(a) of title 10, United States Code, is amended

3 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

4 Subtitle C—End and Grade

5 Strength Management

6 SEC. 416. PERMANENT STRENGTH LEVELS TO SUPPORT

7 TWO MAJOR REGIONAL CONTINGENCIES.

8 Section 691(c), title 10, United States Code, that re9 quires the Armed Forces to fund military end strength at

10 a minimum level as described in subsection 691(b), is

11 amended to read as follows:

12 ‘‘(c) No funds appropriated to the Department of De13 fense may be used to implement a reduction of the active

14 duty end strength for any of the armed forces for any fis15 cal year below the level specified in subsection (b) unless

16 the Secretary of Defense submits to Congress notice of

17 the proposed lower end strength levels and a justification

18 for those levels. This justification can be submitted con19 current with annual budget submissions.’’.
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1 SEC. 417. PERMANENT SELECTED RESERVE END

2 STRENGTH WAIVER AUTHORITY.

3 Section 115(c) of title 10, United States Code, is

4 amended—

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

6 (1);

7 (2) by striking the period at the end of para8 graph (2) and inserting in lieu thereof ‘‘; and’’ and;

9 (3) by adding at the end the following new

10 paragraph:

11 ‘‘(3) increase the end strength authorized pur12 suant to section (a)(2) for a fiscal year for any of

13 the armed forces by a number equal to not more

14 than 2 percent of that end strength.’’.

15 SEC. 418. SENIOR JOINT OFFICER POSITIONS EXEMPTED

16 FROM NUMERICAL LIMITATIONS; PERMA17 NENT AUTHORITIES.

18 (a) PERMANENT EXEMPTION AUTHORITY.—Para19 graph (5) of section 525(b) of title 10, United States

20 Code, is amended by striking subparagraph (C).

21 (b) PERMANENT REQUIREMENT FOR MILITARY DE22 PARTMENT SUBMISSIONS FOR CERTAIN JOINT DUTY.—

23 Section 604 of such title 10 is amended by striking sub24 section (c).
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1 SEC. 419. AIR FORCE OFFICER AUTHORIZATIONS.

2 Section 525 of title 10, United States Code, is

3 amended by adding the following new subsection:

4 ‘‘(e)(1) At any time that an officer of an armed force

5 other than the Air Force fills the position of Commander

6 in Chief, United States Transportation Command, an offi7 cer while filling the position of Commander, Air Mobility

8 Command, if serving in the grade of general, is in addition

9 to the number that would otherwise be permitted for the

10 Air Force for officers serving on active duty in grades

11 above major general under subsection (b)(1).

12 ‘‘(2) At any time that an officer of an armed force

13 other than the Air Force fills the position of Commander

14 in Chief, United States Space Command, an officer while

15 filling the position of Commander, Air Force Space Com16 mand, if serving in the grade of general, is in addition

17 to the number that would otherwise be permitted for the

18 Air Force for officers serving on active duty in the grades

19 above major general under subsection (b)(1).’’.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel

4 Policy

5 SEC. 501. OFFICERS ELIGIBLE TO SERVE ON BOARDS OF IN6 QUIRY.

7 (a) AUTHORIZATION FOR ACTIVE DUTY OFFICERS IN

8 PAY GRADES OF LIEUTENANT COLONEL OR COMMANDER

9 TO SERVE ON BOARDS OF INQUIRY.—Section 1178(a)(2),

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

11 (1) by striking from the first sentence ‘‘in a

12 grade above lieutenant colonel or commander’’; and

13 (2) by inserting, immediately after the first sen14 tence, the following two sentences: ‘‘Further, at least

15 one member of a board must be in a grade above

16 lieutenant colonel or commander. The remaining

17 members of the board must be in a grade above

18 major or lieutenant commander.’’.

19 (b) AUTHORIZATION FOR RETIRED OFFICERS IN PAY

20 GRADES OF LIEUTENANT COLONEL OR COMMANDER TO

21 SERVE ON BOARDS OF INQUIRY.—Section 1187(a)(3) of

22 title 10, United States Code, is amended—

23 (1) by striking from the first sentence, ‘‘above

24 lieutenant colonel or commander and whose retired

25 grade is’’; and
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1 (2) by inserting, immediately after the first sen2 tence, the following two sentences: ‘‘Further, at least

3 one member of a board must be in a grade above

4 lieutenant colonel or commander. The remaining

5 members of a board must be in a grade above major

6 or lieutenant commander.’’.

7 (c) AUTHORIZATION FOR OFFICERS IN PAY GRADES

8 OF LIEUTENANT COLONEL OR COMMANDER TO SERVE

9 ON BOARDS OF INQUIRY CONVENED UNDER CHAPTER

10 1411 OF TITLE 10.—Section 14906(a)(2) of title 10,

11 United States Code, is amended—

12 (1) by striking from the first sentence ‘‘holds a

13 grade above lieutenant colonel or commander and’’;

14 and

15 (2) by inserting, immediately after the first sen16 tence, the following two sentences: ‘‘Further, at least

17 one member of a board must be in a grade above

18 lieutenant colonel or commander. The remaining

19 members of the board must be in a grade above

20 major or lieutenant commander.’’.
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1 SEC. 502. CLARIFICATION OF SELECTION PROCEDURES

2 FOR THE JUDGE ADVOCATES GENERAL AND

3 THE ASSISTANT/DEPUTY JUDGE ADVOCATES

4 GENERAL OF THE MILITARY DEPARTMENTS

5 AND THE STAFF JUDGE ADVOCATE TO THE

6 COMMANDANT TO THE MARINE CORPS.

7 (a) ARMY.—Section 3037(d) of title 10, United

8 States Code, is amended by adding at the end the fol9 lowing new sentence: ‘‘The Secretary of the Army shall

10 specify the number of officers, not fewer than three nor

11 more than five for each position to be filled, to be rec12 ommended.’’.

13 (b) NAVY.—

14 (1) THE JUDGE ADVOCATE GENERAL.—Section

15 5148(c) of such title 10 is amended by adding at the

16 end the following new sentence: ‘‘The Secretary of

17 the Navy shall specify the number of officers, not

18 fewer than three nor more than five for each posi19 tion to be filled, to be recommended.’’.

20 (2) THE DEPUTY JUDGE ADVOCATE GEN21 ERAL.—Section 5149(a)(2) of such title 10 is

22 amended by adding at the end the following new

23 sentence: ‘‘The Secretary of the Navy shall specify

24 the number of officers, not fewer than three nor

25 more than five for each position to be filled, to be

26 recommended.’’.
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1 (3) THE STAFF JUDGE ADVOCATE TO THE COM2 MANDANT OF THE MARINE CORPS.—Section 5046(b)

3 of such title 10 is amended by adding at the end the

4 following new sentence: ‘‘The Secretary of the Navy

5 shall specify the number of officers, not fewer than

6 three nor more than five for each position to be

7 filled, to be recommended.’’.

8 (c) AIR FORCE.—Section 8037(e) of such title 10 is

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

10 ‘‘The Secretary of the Air Force shall specify the number

11 of officers, not fewer than three nor more than five for

12 each position to be filled, to be recommended.’’.

13 SEC. 503. TENURE REQUIREMENT FOR CRITICAL ACQUISI14 TION POSITIONS.

15 Section 1743(a) of title 10, United States Code, is

16 amended—

17 (1) in paragraph (1), by striking ‘‘critical acqui18 sition position’’ and inserting in lieu thereof ‘‘pro19 gram manager or deputy program manager position

20 for a significant nonmajor defense acquisition pro21 gram, program executive officer position, general

22 flag officer position or civilian position equivalent

23 thereto, or senior contracting official position’’; and

24 (2) in paragraph (2), by striking ‘‘critical acqui25 sition position’’ and inserting in lieu thereof ‘‘pro-
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1 gram manager or deputy program manager position

2 for a significant nonmajor defense acquisition pro3 gram, program executive officer position, general or

4 flag officer position or civilian position equivalent

5 thereto, or senior contracting official position’’.

6 SEC. 504 RECOMMENDATIONS FOR PROMOTION BY SELEC7 TION BOARDS.

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

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

10 ‘‘If the number determined under this subsection within

11 a grade (or grade and competitive category) is less than

12 one, the board may recommend one such officer from with13 in that grade (or grade and competitive category).’’.

14 Subtitle B—Matters Relating to

15 Reserve Components

16 SEC. 510. CONTINUATION ON RESERVE ACTIVE STATUS

17 LIST TO COMPLETE DISCIPLINARY ACTION.

18 (a) IN GENERAL.—Chapter 1407 of title 10, United

19 States Code, is amended by adding at the end the fol20 lowing new section:

21 ‘‘§ 14518 Continuation on reserve active status list to

22 complete disciplinary action

23 ‘‘When any action has been commenced against a Re24 serve officer with a view to trying the officer by court25 martial, as authorized by section 802(d) of this title, the
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1 Secretary concerned may delay the separation or retire2 ment of the Reserve officer under the provisions of this

3 chapter until the completion of the disciplinary action

4 under the provisions of chapter 47 of this title.’’.

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

6 at the beginning of such chapter 1407 is amended by add7 ing at the end:

‘‘14518. Continuation on reserve active status list to complete disciplinary action.’’.

8 SEC. 511. AUTHORITY TO ORDER RESERVE COMPONENT

9 MEMBERS TO ACTIVE DUTY TO COMPLETE A

10 MEDICAL EVALUATION.

11 Section 12301 of title 10, United States Code, is

12 amended by adding at the end the following new sub13 section:

14 ‘‘(h) When authorized by the Secretary of Defense,

15 a Secretary concerned may order a member of a reserve

16 component to active duty, with the consent of that mem17 ber, to complete a required Department of Defense health

18 care study, to include an associated medical evaluation of

19 the member. A member ordered to active duty under this

20 subsection may be retained with the member’s consent,

21 when the Secretary concerned deems it appropriate, for

22 medical treatment for a condition associated with such

23 study or evaluation, provided such treatment of the mem24 ber otherwise is authorized by law. A member of the Army
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1 National Guard of the United States or of the Air Na2 tional Guard of the United States may not be ordered to

3 active duty under this subsection without the consent of

4 the governor or other appropriate authority of the State

5 concerned.’’.

6 SEC. 512. ELIGIBILITY FOR CONSIDERATION FOR PRO7 MOTION: GENERAL RULES.

8 (a) AMENDMENT.—Section 14301 of title 10, United

9 States Code, is amended by adding the following new sub10 section at the end:

11 ‘‘(h) OFFICERS ON EDUCATIONAL DELAY.—A Re12 serve officer serving in an educational delay status for the

13 purpose of attending an approved institution of higher

14 education for advanced training, subsidized by the military

15 department concerned in the form of a scholarship or sti16 pend, is ineligible for consideration for promotion while

17 in such status. The officer shall remain on the reserve ac18 tive status list of the military department concerned while

19 in such an educational delay status.’’.

20 (b) RETROACTIVE EFFECT.—The Secretary con21 cerned, upon a proper application, shall expunge from the

22 record of any officer a non-selection for promotion if the

23 non selection occurred during a period the officer was

24 serving in an educational delay status that occurred be-
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1 tween the first day of October 1996 and the effective date

2 of this Act.

3 SEC. 513. RETENTION OF CERTAIN RESERVE COMPONENT

4 OFFICERS WHO TWICE FAILED SELECTION

5 FOR PROMOTION.

6 Section 14506 of title 10, United States Code, is

7 amended to read as follows:

8 ‘‘Unless retained as provided in section 12646,

9 12686, 14701, or 14702 of this title, each reserve officer

10 of the Army, Navy, Air Force, or Marine Corps who holds

11 the grade of major or lieutenant commander who has

12 failed of selection to the next higher grade for the second

13 time and whose name is not on a list of officers rec14 ommended for promotion to the next higher grade shall,

15 if not earlier removed from the reserve status list, be re16 moved from that list in accordance with section 14513 of

17 this title on the later of—

18 ‘‘(1) the first day of the month after the month

19 in which the officer completes 20 years of commis20 sioned service, or

21 ‘‘(2) the first day of the seventh month after

22 the month in which the President approves the re23 port of the board which considered the officer for

24 the second time.’’.
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1 SEC. 514. COMPUTATION OF YEARS OF SERVICE EXCLU2 SION.

3 Section 14706 of title 10, United States Code, is

4 amended to read as follows:

5 ‘‘For the purpose of this chapter and chapter 1407

6 of this title, a reserve officer’s years of service include all

7 service of the officer as a commissioned officer of any uni8 formed service other than—

9 ‘‘(1) service as a warrant officer;

10 ‘‘(2) constructive service; and

11 ‘‘(3) service after appointment as a commis12 sioned officer of a reserve component while in a pro13 gram of advanced education to obtain the first pro14 fessional degree required for appointment, designa15 tion, or assignment as an officer in the Medical

16 Corps, the Dental Corps, the Veterinary Corps, the

17 Medical Service Corps, the Nurse Corps, the Army

18 Medical Specialists Corps, or an officer designated

19 as a chaplain or judge advocate, provided such serv20 ice occurs before the officer commences initial serv21 ice on active duty or initial service in the Ready Re22 serve in the specialty that results from such a de23 gree.

24 This exclusion does not apply to service performed by an

25 officer who previously served on active duty or participated
41

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1 as a member of the Ready Reserve in other than a student

2 status.’’.

3 SEC. 515. AUTHORITY TO RETAIN RESERVE COMPONENT

4 CHAPLAINS UNTIL AGE 67.

5 Section 14703(b) of title 10, United States Code, is

6 amended by striking ‘‘(or, in the case of a reserve officer

7 of the Army in the Chaplains or a reserve officer of the

8 Air Force designated as a chaplain, 60 years of age)’’.

9 SEC. 516. SPACE REQUIRED TRAVEL FOR RESERVES; EX10 PANSION AND CODIFICATION.

11 (a) CODIFICATION.—Section 8023 of such Depart12 ment of Defense Appropriations Act, 1999 is codified by

13 amending chapter 1209 of title 10 to add at the end the

14 following new section 12323:

15 ‘‘§ 12323. Space required travel for reserves

16 ‘‘A member of a reserve component is authorized to

17 travel in a space required status on aircraft of the Armed

18 Forces between home and place of inactive duty training,

19 or place of duty in lieu of unit training assembly, when

20 there is no road or railroad transportation (or combination

21 of road and railroad transportation) between those loca22 tions: Provided, That a member traveling in that status

23 on a military aircraft pursuant to the authority provided

24 in this section is not authorized to receive travel, transpor-
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1 tation, or per diem allowances in connection with that

2 travel.’’.

3 (b) CLERICAL.—The table of sections for Chapter

4 1209 of such title 10 is amended by adding after the item

5 relating to section 12222 the following new item:

‘‘12323. Space required travel for reserves.’’.

6 SEC. 517. CONFORMING AMENDMENT TO AUTHORIZE RE7 SERVE OFFICERS AND RETIRED REGULAR

8 OFFICERS TO HOLD A CIVIL OFFICE WHILE

9 SERVING ON ACTIVE DUTY FOR NOT MORE

10 THAN 270 DAYS.

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

12 amended—

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

14 days’’ and inserting in lieu thereof ‘‘270 days’’; and

15 (2) in subparagraph (C), by striking ‘‘180

16 days’’ and inserting in lieu thereof ‘‘270 days’’.

17 SEC. 518. CLERICAL AMENDMENT RELATING TO RETIRED

18 PAY FOR NON REGULAR SERVICE.

19 Section 1370(d)(1) of title 10, United States Code,

20 is amended by striking ‘‘chapter 1225’’ and inserting in

21 lieu thereof ‘‘chapter 1223’’.
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1 Subtitle C—Military Education and

2 Training

3 SEC. 520. TO MAKE PERMANENT THE EXPANSION OF ROTC

4 PROGRAM TO INCLUDE GRADUATE STU5 DENTS.

6 (a) MAKING PERMANENT THE ROTC GRADUATE

7 PROGRAM.—Section 2107(c)(2) of title 10, United States

8 Code, is amended to read as follows:

9 ‘‘(2) The Secretary concerned may provide financial

10 assistance, as described in paragraph (1), to a student en11 rolled in an advanced education program beyond the bac12 calaureate degree level provided the student also is a cadet

13 or midshipman in an advanced training program. Not

14 more than 15 percent of the total number of scholarships

15 awarded under this section in any year may be awarded

16 under the program.’’.

17 (b) AUTHORITY TO ENROLL IN ADVANCED TRAINING

18 PROGRAM.—Section 2101(3) of title 10, United States

19 Code, a definition for ‘‘advanced training,’’ is amended by

20 inserting ‘‘students enrolled in an advanced education pro21 gram beyond the baccalaureate degree level or to’’ after

22 ‘‘instruction offered in the Senior Reserve Officers’ Train23 ing Corps to’’.
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1 SEC. 521. CORRECTION OF RESERVE CREDIT FOR PARTICI2 PATION IN HEALTH PROFESSIONAL SCHOL3 ARSHIP AND FINANCIAL ASSISTANCE PRO4 GRAM.

5 Section 2126(b) of title 10, United States Code, is

6 amended—

7 (1) by revising paragraph (2) to read as follows:

8 ‘‘(2) Service credited under paragraph (1)

9 counts only for the award of retirement points for

10 computation of years of service under section 12732

11 of this title and for computation of retired pay under

12 section 12733 of this title.’’;

13 (2) in paragraph (3) by striking ‘‘paragraph

14 (2)(A), a member’’ and inserting in lieu thereof

15 ‘‘paragraph (2), a member who completes a satisfac16 tory year of service in the Selected Reserve’’;

17 (3) by redesignating paragraph (5) as para18 graph (6); and

19 (4) by inserting after paragraph (4) the fol20 lowing new paragraph (5):

21 ‘‘(5) A member of the Selected Reserve who is

22 awarded points or service credit under this sub23 section shall not be considered to have been in an

24 active status, by reason of the award of the points

25 or credit, while pursuing a course of study under

26 this subchapter for purposes of any provision of law
45

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1 other than sections 12732(a) and 12733(3) of this

2 title.’’.

3 SEC. 522. PAYMENT OF TUITION FOR OFF-DUTY TRAINING

4 OR EDUCATION.

5 Section 1745 of title 10, United States Code, is

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

7 ‘‘Notwithstanding the 75% limitation of section 2007(a)

8 of this title, such tuition reimbursement and training au9 thorized by this section may be for the full amount of tui10 tion expenses and training incurred.’’.

11 SEC. 523. DEAN OF ACADEMIC BOARD, UNITED STATES

12 MILITARY ACADEMY AND DEAN OF THE FAC13 ULTY; UNITED STATES AIR FORCE ACADEMY.

14 (a) DEAN OF THE ACADEMIC BOARD, USMA.—Sec15 tion 4335(b) of title 10, United States Code, is amended

16 by adding at the end the following sentence: ‘‘When the

17 position is filled by an officer of the Army, the Dean has

18 the grade of brigadier general while serving as such, with

19 the benefits authorized for regular brigadier generals of

20 the Army, if appointed to that grade by the President,

21 by and with the advice and consent of the Senate. How22 ever, the retirement age of an officer so appointed is that

23 of a permanent professor of the Academy.’’.

24 (b) DEAN OF THE FACULTY, USAFA.—Section 9335

25 of title 10, United States Code, is amended as follows:
46

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1 (1) by inserting the designator (a) in front of

2 the existing matter; and

3 (2) by inserting after the newly designated sub4 section (a), the following:

5 ‘‘(b) When the position is filled by an officer of the

6 Air Force, that officer has the grade of brigadier general,

7 if appointed to that grade by the President, by and with

8 the advice and consent of the Senate. While serving as

9 dean that officer is entitled to benefits authorized for reg10 ular brigadier generals of the Air Force. The retirement

11 age of an officer so appointed is that of a permanent pro12 fessor of the Academy.’’.

13 SEC. 524. UNITED STATES ARMY WAR COLLEGE MASTER OF

14 STRATEGIC STUDIES DEGREE.

15 (a) AUTHORITY FOR DEGREE.—Chapter 401 of title

16 10, United States Code, is amended by adding at the end

17 the following new section:

18 ‘‘§ 4319. United States Army War College: master of

19 strategic studies degree

20 ‘‘Under regulations prescribed by the Secretary of the

21 Army, the Commandant of the United States Army War

22 College, upon the recommendation of the faculty and Dean

23 of the College, may confer the degree of master of stra24 tegic studies upon graduates of the College who fulfill the

25 requirements for the degree.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end the following new item:

‘‘4319. United States Army War College: master of strategic studies degree.’’.

4 SEC. 525. MINIMUM EDUCATION REQUIREMENTS FOR COM5 MUNITY COLLEGE OF THE AIR FORCE FAC6 ULTY.

7 Section 9315 of title 10, United States Code, is

8 amended by adding at the end the following new sub9 section:

10 ‘‘(d) Notwithstanding section 3308 of title 5, United

11 States Code, or any other provision of law, the commander

12 of the Air Education and Training Command may estab13 lish minimum requirements relating to education for Com14 munity College of the Air Force professors and instruc15 tors. Such requirements shall be at a level that complies

16 with established accreditation standards.’’.

17 SEC. 526. AIR UNIVERSITY: GRADUATE-LEVEL DEGREES.

18 (a) IN GENERAL.—Section 9317(a) of title 10,

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

20 ‘‘(a) AUTHORITY.—Upon recommendation of the fac21 ulty of the appropriate school, the Commander of the Air

22 University may confer the degrees of—

23 ‘‘(1) master of strategic studies upon graduates

24 of the Air War College who fulfill the requirements

25 for that degree;
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1 ‘‘(2) master of military operational art and

2 science upon graduates of the Air Command and

3 Staff College who fulfill the requirements for that

4 degree; and

5 ‘‘(3) master of airpower art and science upon

6 graduates of the School of Advanced Air Power

7 Studies who fulfill the requirements for that de8 gree.’’.

9 (b) CLERICAL AMENDMENT.—

10 (1) The catchline for such section 9317 is

11 amended to read:

12 ‘‘§ 9317. Air University: graduate-level degrees’’.

13 (2) The table of sections for chapter 901 of

14 such title 10 is amended by amending the item relat15 ing to section 9317 to read:

‘‘9317. Air University: graduate-level degrees.’’.

16 SEC. 527. FINANCIAL ASSISTANCE PROGRAM FOR SPE17 CIALLY SELECTED MEMBERS: MARINE CORPS

18 RESERVE.

19 (a) IN GENERAL.—Chapter 1205 of title 10, United

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

22 ‘‘§ 12216. Financial assistance for members of the pla23 toon leader’s class program

24 ‘‘(a) The Secretary of the Navy may provide payment

25 of not more than $5,200 per year for a period not to ex-
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1 ceed three consecutive years of educational expenses to eli2 gible enlisted members of the Marine Corps Reserve for

3 completion of—

4 ‘‘(1) baccalaureate degree requirements in an

5 approved academic program that requires less than

6 five academic years to complete, including tuition,

7 fees, and books, and laboratory expenses; or

8 ‘‘(2) doctor of jurisprudence or bachelor of laws

9 degree requirements in an approved academic pro10 gram which requires not more than three years to

11 complete, including tuition, fees, and books.

12 ‘‘(b) To be eligible for receipt of educational expenses

13 as authorized by subsection (a), an enlisted member of the

14 Marine Corps Reserve must—

15 ‘‘(1) either—

16 ‘‘(A) be under 27 years of age on June 30

17 of the calendar year in which the member is eli18 gible for appointment as a second lieutenant in

19 the Marine Corps for such persons in a bacca20 laureate degree program described in subsection

21 (a)(1), except that any such member who has

22 served on active duty in the armed forces may

23 exceed such age limitation on such date by a

24 period equal to the period such member served
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1 on active duty, but only if such member will be

2 under 30 years of age on such date; or

3 ‘‘(B) be under 31 years of age on June 30

4 of the calendar year in which the member is eli5 gible for appointment as a second lieutenant in

6 the Marine Corps for such persons in a doctor

7 of jurisprudence or bachelor of laws degree pro8 gram described in subsection (a)(2), except that

9 any such member who has served on active duty

10 in the armed forces may exceed such age limita11 tion on such date by a period equal to the pe12 riod such member served on active duty, but

13 only if such member will be under 35 years of

14 age on such date;

15 ‘‘(2) be satisfactorily enrolled at any accredited

16 civilian educational institution authorized to grant

17 baccalaureate, doctor of jurisprudence or bachelor of

18 law degrees;

19 ‘‘(3) be selected as an officer candidate in the

20 Marine Corps Platoon Leader’s Class Program and

21 successfully completes one increment of military

22 training of not less than six weeks’ duration; and

23 ‘‘(4) agrees in writing—
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1 ‘‘(A) to accept an appointment as a com2 missioned officer in the Marine Corps, if ten3 dered by the President;

4 ‘‘(B) to serve on active duty for a min5 imum of five years; and

6 ‘‘(C) under such terms and conditions as

7 shall be prescribed by the Secretary of the

8 Navy, to serve in the Marine Corps Reserve

9 until the eighth anniversary of the receipt of

10 such appointment.

11 ‘‘(c) Upon satisfactorily completing the academic and

12 military requirements of the Marine Corps Platoon Lead13 ers Class Program, an officer candidate may be appointed

14 by the President as a Reserve officer in the Marine Corps

15 in the grade of second lieutenant.

16 ‘‘(d) Not more than 1,200 officer candidates may

17 participate in the financial assistance program authorized

18 by this section at any one time.

19 ‘‘(e) An officer candidate may be ordered to active

20 duty in the Marine Corps by the Secretary of the Navy

21 to serve in an appropriate enlisted grade for such period

22 of time as the Secretary of the Navy prescribes, but not

23 for more than four years, when such person—

24 ‘‘(1) accepted financial assistance; and

25 ‘‘(2) either—
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1 ‘‘(A) completes the military and academic

2 requirements of the Marine Corps Platoon

3 Leaders Class Program and refuses to accept a

4 commission when offered;

5 ‘‘(B) fails to complete the military or aca6 demic requirements of the Marine Corps Pla7 toon Leader Class Program; or

8 ‘‘(C) is disenrolled from the Marine Corps

9 Platoon Leaders Class Program for failure to

10 maintain eligibility for an original appointment

11 as a commissioned officer under section 532 of

12 this title.

13 Except under regulations prescribed by the Secretary of

14 the Navy, such persons who are not physically qualified

15 for appointment under section 532 and subsequently are

16 determined by the Secretary of the Navy under section

17 505 of this title to be unqualified for service as an enlisted

18 person in the Marine Corps due to a physical or medical

19 condition that was not the result of misconduct or grossly

20 negligent conduct may request a waiver of obligated serv21 ice of such financial assistance.’’.

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

23 at the beginning of Chapter 1205 of such title 10 is

24 amended by inserting after the item relating to section

25 12215 the following:
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‘‘12216. Financial assistance for members of the platoon leader’s class program.’’.

1 (c) COMPUTATION: SERVICE CREDITABLE.—Section

2 205 of title 37, United States Code, is amended by adding

3 at the end the following new subsection:

4 ‘‘(f) Notwithstanding subsection (a), a commissioned

5 officer appointed under sections 12209 and 12216 of title

6 10 may not count in computing basic pay period of service

7 after January 1, 2000, that the officer performed concur8 rently as a member of the Marine Corps Platoon Leaders

9 Class Program and the Marine Corps Reserve, except that

10 service after this date that such officer performed prior

11 to commissioning while serving as an enlisted member on

12 active duty or as a member of the selected Reserve may

13 be so counted.’’.

14 (d) TRANSITION PROVISION.—Enlisted members of

15 the Marine Corps Reserve selected for training as officer

16 candidates under section 12209 of title 10, United States

17 Code, prior to October 1, 2000 may, upon their applica18 tion, participate in the financial assistance program estab19 lished in subsection (a) if—

20 (1) such person is eligible for financial assist21 ance under the qualification requirements of sub22 section (a);
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1 (2) requests such financial assistance as the

2 Secretary of the Navy not later than 180 days after

3 the enactment of this amendment; and

4 (3) agrees in writing to accept an appointment,

5 if offered in the Marine Corps Reserve, and to com6 ply with the length of obligated service provisions in

7 subsection (a)(2)(D). In computing length of service

8 for any purpose, a person who requests financial as9 sistance may not be credited with service either as

10 an officer candidate or concurrent enlisted service,

11 other than concurrent enlisted service while serving

12 on active duty other than for training while a mem13 ber of the Marine Corps Reserve.

14 Subtitle D—Uniform Code of

15 Military Justice

16 SEC. 530. INCREASE IN JURISDICTION OF SPECIAL COURTS17 MARTIAL TO AUTHORIZE IMPOSITION OF

18 SENTENCE TO CONFINEMENT AND FORFEIT19 URES OF PAY OF NOT MORE THAN ONE YEAR.

20 (a) INCREASE IN JURISDICTION.—Section 819 of

21 title 10, United States Code (article 19 of the Uniform

22 Code of Military Justice), is amended by striking ‘‘six

23 months’’ each place it appears and inserting in lieu thereof

24 ‘‘one year’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on the first day of the sixth

3 month following the month in which it is enacted, except

4 that this amendment shall apply only to those charges sub5 sequently referred to trial by special court martial.

6 SEC. 531. REVISION TO MEASUREMENT OF BREATH AND

7 BLOOD ALCOHOL FOR PURPOSES OF DETER8 MINING THE OFFENSE OF DRUNKEN OPER9 ATION OF A VEHICLE, AIRCRAFT, OR VESSEL.

10 (a) STANDARD FOR DRUNKENNESS.—Section 911(2)

11 of title 10, United States Code (article 111 of the Uniform

12 Code of Military Justice), is amended by striking ‘‘0.10

13 grams’’ each place it appears and inserting in lieu thereof

14 ‘‘0.08 grams’’.

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

16 subsection (a) shall take effect on the date of enactment

17 of this Act and shall apply with respect to offenses com18 mitted on or after that date.

19 TITLE VI—COMPENSATION AND

20 OTHER PERSONNEL BENEFITS

21 Subtitle A—Pay and Allowances

22 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2000.

23 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Ex24 cept as provided in subsection (b), the adjustment to be25 come effective during fiscal year 2000 required by section
56

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1 1009 of title 37, United States Code, in the rate of month2 ly basic pay authorized members of the uniformed services

3 by section 203(a) of such title shall not be made.

4 (b) INCREASE IN BASIC PAY.—Effective on January

5 1, 2000, the rates of basic pay of members of the uni6 formed services shall be increased by 4.4 percent.

7 (c) CHANGE IN BASIC PAY TABLES.—Effective July

8 1, 2000, the rates of monthly basic pay for members of

9 the uniformed services are as follows:

10 (c) CHANGE IN BASIC PAY TABLES.—Effective July

11 1, 2000, the rates of monthly basic pay for members of

12 the uniformed services are as follows:
57

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COMMISSIONED OFFICERS 123

Pay grade

Years of service computed under section 205 of title 37, United States Code

<2 2 3 4 6 8 10 12 14 16 18 20 22 24 26

O–10 2 .......................................................................................... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10614.30 10666.80 10888.80 11275.20O–9 .............................................................................................. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9283.80 9417.60 9611.10 9948.30O–8 .............................................................................................. 6569.10 6784.50 6926.40 6966.60 7148.40 7443.00 7512.30 7794.60 7876.20 8119.20 8471.40 8796.60 9013.50 9013.50 9013.50O–7 .............................................................................................. 5458.50 5829.60 5829.60 5871.90 6091.20 6258.30 6451.20 6643.80 6837.00 7443.00 7955.10 7955.10 7955.10 7955.10 7995.30O–6 .............................................................................................. 4045.50 4444.50 4736.10 4736.10 4754.40 4958.40 4985.70 4985.70 5152.50 5769.00 6063.00 6357.00 6524.10 6695.70 7024.20O–5 .............................................................................................. 3236.10 3799.50 4062.30 4112.10 4276.20 4276.20 4404.90 4642.50 4953.60 5268.30 5415.30 5562.30 5731.80 5731.80 5731.80O–4 .............................................................................................. 2727.30 3321.30 3542.70 3592.20 3798.60 3966.00 4236.90 4447.20 4593.60 4740.90 4791.60 4791.60 4791.60 4791.60 4791.60O–3 3 ............................................................................................ 2534.40 2873.40 3100.80 3351.90 3512.40 3688.50 3835.50 4024.80 4123.20 4123.20 4123.20 4123.20 4123.20 4123.20 4123.20O–2 3 ............................................................................................ 2210.40 2517.90 2899.80 2997.60 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40O–1 3 ............................................................................................ 1919.10 1997.40 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80

COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER

O–3E ........................................................................................... 0.00 0.00 0.00 3351.90 3512.40 3688.50 3835.50 4024.80 4184.40 4275.60 4402.50 4402.50 4402.50 4402.50 4402.50O–2E ........................................................................................... 0.00 0.00 0.00 2997.60 3059.40 3156.30 3321.30 3448.20 3542.70 3542.70 3542.70 3542.70 3542.70 3542.70 3542.70O–1E ........................................................................................... 0.00 0.00 0.00 2413.80 2578.50 2673.60 2770.50 2866.80 2997.60 2997.60 2997.60 2997.60 2997.60 2997.60 2997.60

WARRANT OFFICERS

W–5 ............................................................................................. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4458.00 4611.00 4764.99 4918.50W–4 ............................................................................................. 2582.10 2777.70 2857.80 2937.60 3071.70 3204.90 3337.50 3471.90 3608.40 3739.20 3873.30 4006.20 4139.70 4273.50 4410.30W–3 ............................................................................................. 2346.90 2545.80 2545.80 2578.50 2684.10 2804.40 2962.80 3059.40 3164.70 3285.60 3405.60 3525.60 3645.60 3765.90 3886.20W–2 ............................................................................................. 2055.60 2223.90 2223.90 2297.10 2413.80 2545.80 2642.40 2739.30 2833.50 2937.90 3044.70 3151.80 3258.60 3365.70 3365.70W–1 ............................................................................................. 1712.70 1963.50 1963.50 2127.60 2223.90 2323.80 2424.00 2523.60 2624.10 2724.30 2824.20 2899.80 2899.80 2899.80 2899.80
58

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ENLISTED MEMBERS456

Pay grade

Years of service computed under section 205 of title 37, United States Code

<2 2 3 4 6 8 10 12 14 16 18 20 22 24 26

E–9 4 ............................................................................................ 0.00 0.00 0.00 0.00 0.00 0.00 3003.90 3071.70 3157.80 3259.20 3360.30 3460.30 3595.50 3729.60 3900.90E–8 .............................................................................................. 0.00 0.00 0.00 0.00 0.00 2518.80 2591.70 2659.50 2741.10 2829.30 2921.40 3014.40 3149.10 3282.90 3471.90E–7 .............................................................................................. 1758.90 1920.60 1993.20 2066.10 2139.60 2212.50 2285.40 2359.50 2430.90 2504.40 2577.30 2650.50 2776.80 2915.10 3122.40E–6 .............................................................................................. 1513.20 1671.90 1746.00 1817.40 1892.70 1966.50 2040.30 2111.40 2184.00 2235.90 2274.60 2274.60 2274.60 2274.60 2274.60E–5 .............................................................................................. 1327.80 1488.30 1560.90 1634.70 1708.50 1783.50 1855.20 1928.70 1929.00 1929.00 1929.00 1929.00 1929.00 1929.00 1929.00E–4 .............................................................................................. 1238.10 1368.00 1441.80 1514.40 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90E–3 .............................................................................................. 1167.00 1255.80 1329.00 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80E–2 .............................................................................................. 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20E–1>4 5 ...................................................................................... 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70E–1<4 6 ...................................................................................... 926.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

1 Basic pay for these officers is limited to the rate of basic pay for level V of the Executive Schedule.2While serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for

this grade is calculated to be $12,441.00, regardless of cumulative years of service computed under section 205 of title 37, United States Code. Nevertheless, basic pay for these officers is limited to the rate of basic pay for level V of the Executive Schedule.

3Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant officer.4While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, 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.

5Applies to personnel who have served 4 months or more on active duty.6Applies to personnel who have served less than 4 months on active duty.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 610. ENLISTMENT BONUS INSTALLMENT.

4 Section 308a(a) of title 37, United States Code, is

5 amended by changing the second sentence to read as fol6 lows: ‘‘Under regulations prescribed by the appropriate

7 Secretary, the bonus may be paid in a single lump sum,

8 or in periodic installments, to meet established career

9 milestones that ensure terms of the initial contract are

10 satisfied.’’.

11 SEC. 611. ENLISTED BONUS AMOUNT.

12 Section 308a(a) of title 37, United States Code, is

13 amended by striking out ‘‘$12,000’’ and inserting in lieu

14 thereof ‘‘$20,000’’.

15 SEC. 612. REENLISTMENT BONUS—MONTHS OF CONTIN16 UOUS ACTIVE DUTY.

17 Section 308 of title 37, United States Code, is

18 amended in clause (a)(1)(A), by striking out ‘‘twenty-one’’

19 and inserting in lieu thereof ‘‘seventeen’’.

20 SEC. 613. REENLISTMENT BONUS; INCREASE IN STATUTORY

21 MAXIMUM PAYABLE.

22 Section 308(a)(2) of title 37, United States Code, is

23 amended—

24 (1) in clause (i) of subparagraph (A) by strik25 ing ‘‘ten’’ and inserting in lieu thereof ‘‘fifteen’’; and
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1 (2) in subparagraph (B) by striking ‘‘$45,000’’

2 and inserting in lieu thereof ‘‘$60,000’’.

3 SEC. 614. RESERVE COMPONENT PRIOR SERVICE ENLIST4 MENT BONUS ELIGIBILITY FOR ATTAINING A

5 CRITICAL SKILL.

6 Paragraph (2) of section 308i(a) of title 37, United

7 States Code, is amended to read as follows:

8 ‘‘(2) A bonus may only be paid under this section

9 to a person who meets each of the following requirements:

10 ‘‘(A) The person has completed that person’s

11 military service obligation but has less than 14 years

12 of total military service.

13 ‘‘(B) The person has received an honorable dis14 charge at the conclusion of military service.

15 ‘‘(C) The person is not being released from ac16 tive service for the purpose of enlistment in a re17 serve component.

18 ‘‘(D) The person—

19 ‘‘(i) is projected to occupy a position as a

20 member of the Selected Reserve in a specialty

21 in which the person—

22 ‘‘(I) successfully served while a mem23 ber on active duty; and

24 ‘‘(II) attained a level of qualification

25 while a member on active duty commensu-
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1 rate with the grade and years of service of

2 the member, or

3 ‘‘(ii) is occupying a position as a member

4 of the Selected Reserve in a specialty in which

5 the person—

6 ‘‘(I) has completed training or retrain7 ing in the specialty skill that is designated

8 as critically short; and

9 ‘‘(II) has attained a level of qualifica10 tion in the designated critically short spe11 cialty skill that is commensurate with the

12 member’s grade and years of service.

13 ‘‘(E) The person has not previously been paid

14 a bonus (except under this section) for enlistment,

15 reenlistment, or extension of enlistment in a reserve

16 component.’’.

17 SEC. 615. AVIATION CAREER INCENTIVE PAY FOR AIR BAT18 TLE MANAGERS.

19 Section 301a of title 37, United States Code is

20 amended by inserting after subparagraph 301a(b)(3) the

21 following new subparagraph:

22 ‘‘(4) SAVE PAY PROVISION.—An air battle man23 ager entitled to incentive pay under section 301 of

24 this title is entitled to either the rate authorized in

25 subsection (b) of this section or the rate of incentive
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1 pay the member was receiving under section

2 301(c)(2)(A) of this title immediately prior to such

3 entitlement under subsection (b), whichever is high4 er.’’.

5 SEC. 616. DIVING DUTY SPECIAL PAY AND HAZARDOUS

6 DUTY INCENTIVE PAY.

7 Section 304(c) of title 37, United States Code, is

8 amended to read as follows:

9 ‘‘(c) A member may be paid special pay under this

10 section and incentive pay under section 301 of this title

11 for the same period of service for each hazardous duty

12 described in section 301 of this title for which the member

13 is qualified if the member is assigned by orders to such

14 a harzadous duty or duties in addition to diving duty.’’.

15 SEC. 617. CAREER ENLISTED FLYER INCENTIVE PAY.

16 (a) Chapter 5 of title 37, United States Code, is

17 amended by inserting after section 301e the following new

18 subsection 301f:

19 ‘‘§ 301f. Incentive pay: career enlisted flyers

20 ‘‘(a) PAY AUTHORIZED.—An enlisted member de21 scribed in subsection (b) may be paid career enlisted flyer

22 incentive pay as authorized in this section.

23 ‘‘(b) ELIGIBLE MEMBERS.—Under regulations pre24 scribed by the Secretary concerned, an enlisted member

25 of the Armed Forces who—
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1 ‘‘(1) is entitled to basic pay under section 204

2 of this title, or is entitled to pay under section 206

3 of this title as described in subsection (e) of his sec4 tion;

5 ‘‘(2) holds or is in training leading to qualifica6 tion and designation of an enlisted military occupa7 tional speciality or enlisted military rating des8 ignated as a career enlisted flyer specialty or rating

9 by the Secretary concerned:

10 ‘‘(3) is qualified for aviation service under regu11 lations prescribed by the Secretary concerned; and

12 ‘‘(4) engages and remains in aviation service on

13 a career basis; is entitled to monthly incentive pay

14 in the amount authorized by the Secretary con15 cerned, not to be exceed the monthly maximum

16 amounts set forth in subsection (d). Eligible mem17 bers may be entitled to continuous monthly incentive

18 pay, or on a month-to-month basis, dependent upon

19 the operation flying duty performed as prescribed in

20 subsection (c). Entitlement to continuous monthly

21 incentive pay ceases in all cases upon completion of

22 25 years of aviation service; thereafter, the member

23 is entitled to monthly incentive pay under subsection

24 (c)(3) for the frequent and regular performance of

25 operational flying duty.
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1 ‘‘(c) OPERATIONAL FLYING DUTY REQUIRE2 MENTS.—(1) A member must perform operational flying

3 duties (as defined in subsection (f)) for 6 of the first 10,

4 9 of the first 15, and 14 of the first 20 years of aviation

5 service, to be entitled to continuous monthly incentive pay.

6 ‘‘(2) Upon completion of 10, 15, or 20 years of avia7 tion service, a member who has not performed the min8 imum required operational flying duties established in this

9 subsection during the prescribed period loses the entitle10 ment to continuous monthly incentive pay. For the needs

11 of the Service, the Secretary concerned may permit, on

12 a case-by-case basis, a member to continue to receive con13 tinuous monthly incentive pay despite the member’s fail14 ure to perform the operational flying duty required during

15 the first 10, 15, or 20 years of aviation service, but only

16 if the member has performed at least 5 years of oper17 ational flying duties during the first 10 years of aviation

18 service, 8 years of operational flying duties during the first

19 15 years of aviation service, or 12 years of operational

20 flying duty during the first 20 years of aviation service.

21 The Secretary concerned may delegate this authority, but

22 not below the level of the Service Personnel Chief.

23 ‘‘(3) If enlistment to continuous monthly incentive

24 pay ceases under subsection (b) or (2), a member eligible

25 under subsection (b)(1) through (4) is entitled to month-
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1 to-month incentive pay for subsequent frequent and reg2 ular performance of operational flying duty. The rate pay3 able is that authorized by the Secretary concerned under

4 subsection (d) for a member of corresponding years of

5 aviation service.

6 ‘‘(4) If entitlement to continuous monthly incentive

7 pay ceases under subsection (2), entitlement to continuous

8 incentive pay may resume if the member meets the min9 imum operational flying duty requirement upon comple10 tion of the next established period of aviation service.

11 ‘‘(d) MONTHLY MAXIMUM INCENTIVE PAY.—A mem12 ber who satisfies the requirements in subsections (b) and

13 (c) may be paid month-to-month incentive pay as author14 ized by the Secretary concerned in amounts not to exceed

15 the following:

Years of aviation service Monthly rate

4 or less ..................................................................................................... $150

Over 4 ........................................................................................................ 225

Over 8 ........................................................................................................ 350

Over 14 ...................................................................................................... 400.

16 ‘‘(e) PAYMENT TO A MEMBER OF A RESERVE COMPO17 NENT WHEN PERFORMING INACTIVE DUTY TRAINING.—

18 Under regulations of the Secretary concerned, when a

19 member of a reserve component or the National Guard,

20 entitled to compensation under section 206 of this title,

21 meets the requirements described in subsections (b) and

22 (c), the member is entitled to an increase in compensation

equal to 1 23 ⁄30 of the monthly incentive pay authorized by
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1 the Secretary concerned under subsection (d) for a mem2 ber of corresponding years of aviation service who is enti3 tled to basic pay. Such member is entitled to the increase

4 for as long as the member is qualified for it, for each reg5 ular period of instruction or period of appropriate duty,

6 at which the member is engaged for at least two hours,

7 or for the performance of such other equivalent training,

8 instruction, duty or appropriate duties, as the Secretary

9 may prescribe under section 206(a) of this title.

10 ‘‘(f) DEFINITIONS.—In this section:

11 ‘‘(1) The term ‘aviation service’ means service

12 performed, under regulations prescribed by the Sec13 retary concerned, by a designated career enlisted

14 flyer.

15 ‘‘(2) The term ‘operational flying duty’ means

16 flying performed under competent orders while serv17 ing in assignments in which basic flying skills nor18 mally are maintained in the performance of assigned

19 duties as determined by the Secretary concerned,

20 and flying duty performed by members in training

21 that leads to the award of an enlisted aviation rating

22 or military occupational specialty designated as a ca23 reer enlisted flyer rating or specialty by the Sec24 retary concerned.
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1 ‘‘(g) NONAPPLICABILITY TO MEMBERS RECEIVING

2 HAZARDOUS DUTY INCENTIVE PAY OR SPECIAL PAY FOR

3 DIVING DUTY.—A member receiving special pay under

4 section 301(a) or section 304 of this title may not be paid

5 under this section for the same period of service.’’.

6 (b) SAVE PAY PROVISION.—In the case of a des7 ignated career enlisted flyer receiving incentive pay under

8 section 301(b) or 301(c)(2)(A) of this title on the date

9 immediately preceding enactment of this Act, the member

10 is entitled to the higher of the monthly amount authorized

11 under subsection (b) of this section, or the rate of incen12 tive pay the member was receiving immediately preceding

13 enactment of this Act under section 301(b) or

14 301(c)(2)(A) of this title.

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

16 at the beginning of chapter 5 of title 37, United States

17 Code, is amended by inserting immediately after the item

18 referring to section 301e the following new item:

‘‘301f. Incentive pay: career enlisted flyers.’’.

19 SEC. 618. INCREASE TO DIVING DUTY SPECIAL PAY.

20 Section 304(b) of title 37, United States Code, is

21 amended by striking out ‘‘$200’’ and ‘‘$300’’ and insert22 ing in lieu thereof, respectively ‘‘$240’’ and ‘‘$340’’.
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1 SEC. 619. FOREIGN LANGUAGE PROFICIENCY PAY—IN2 CREASE IN STATUTORY MAXIMUM PAYABLE.

3 Section 316(b) of title 37, United States Code, is

4 amended by striking ‘‘$100’’ and inserting in lieu thereof

5 ‘‘$300’’.

6 SEC. 620. SURFACE WARFARE OFFICER CONTINUATION

7 PAY.

8 (a) SPECIAL PAY: SURFACE WARFARE OFFICER

9 CONTINUATION PAY.—Chapter 5 of title 37, United

10 States Code, is amended by inserting after section 301g

11 the following new section:

12 ‘‘§ 301h. Special pay: surface warfare officer continu13 ation pay

14 ‘‘(a) SPECIAL PAY AUTHORIZED.—A surface warfare

15 officer described in subsection (b) who executes a written

16 agreement to remain on active duty to complete tours of

17 duty to which the officer may be ordered as a department

18 head afloat may, upon the acceptance of the agreement

19 by the Secretary concerned, be paid a sum of money not

20 to exceed the amount prescribed in subsection (c).

21 ‘‘(b) COVERED OFFICERS.—A surface warfare officer

22 referred to in subsection (a) is an officer of the Regular

23 Navy or Naval Reserve on full-time active duty who—

24 ‘‘(1) is designated and serving as a surface war25 fare officer;
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1 ‘‘(2) has been selected for assignment as a de2 partment head on a surface ship; and

3 ‘‘(3) has completed any service commitment in4 curred through the officer’s original commissioning

5 program.

6 ‘‘(c) AMOUNT PAYABLE.—The amount payable under

7 this section may not be more than a total of $50,000.

8 ‘‘(d) PRORATION.—The term of an agreement under

9 subsection (a) and the amount payable under subsection

10 (c) may be prorated.

11 ‘‘(e) PAYMENT.—Upon acceptance of an agreement

12 under subsection (a) by the Secretary of the Navy, the

13 total amount payable pursuant to the agreement becomes

14 fixed. It may be paid either—

15 ‘‘(1) by a lump sum in the amount of half the

16 total payable under the agreement at the time the

17 agreement is accepted by the Secretary of the Navy

18 followed by equal annual installments on the anni19 versary of acceptance of the agreement; or

20 ‘‘(2) in equal annual payments with the first

21 payment payable at the time the agreement is ac22 cepted by the Secretary of the Navy, and subsequent

23 payments on the anniversary of acceptance of the

24 agreement.
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1 ‘‘(f) ADDITIONAL PAY.—Any amount paid under this

2 section is in addition to any other pay and allowances to

3 which an officer is entitled.

4 ‘‘(g) REPAYMENT.—(1) If an officer who has entered

5 into a written agreement under subsection (a) and has re6 ceived all or part of a special pay under this section fails

7 to complete the total period of active duty specified in the

8 agreement, the Secretary of the Navy may require the offi9 cer to repay the United States, to the extent that the Sec10 retary determines conditions and circumstances warrant,

11 any or all sums paid under this section.

12 ‘‘(2) An obligation to repay the United States im13 posed under paragraph (1) is for all purposes a debt owed

14 to the United States.

15 ‘‘(3) A discharge in bankruptcy under title 11 that

16 is entered less than five years after the termination of an

17 agreement entered into under subsection (a) does not dis18 charge the officer signing the agreement from a debt aris19 ing under such agreement or under paragraph (1).

20 ‘‘(h) REGULATIONS.—The Secretary of the Navy

21 shall prescribe regulations to carry out this section.’’.

22 (b) CONFORMING AMENDMENT.—The table of sec23 tions at the beginning of chapter 5 of title 37, United

24 States Code, is amended by inserting immediately after

25 the item referring to section 301g the following new item:

‘‘301h. Special pay: surface warfare officer continuation pay.’’.
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1 SEC. 621. AVIATION CAREER OFFICERS EXTENDING PE2 RIOD OF ACTIVE DUTY.

3 Section 301b(c)(1) of title 37, United States Code,

4 is amended as follows—

5 (1) in subsection (c) by amending paragraph

6 (1) to read as follows:

7 ‘‘(1) $25,000 for each year covered by the writ8 ten agreement, if the officer agrees to remain on ac9 tive duty to complete 14 years of aviation service;

10 or’’; and

11 (2) by amending subsection (d) to read as fol12 lows:

13 ‘‘(d) PRORATION.—The term of an agreement under

14 subsection (a) and the amount of the bonus under sub15 section (c) may be prorated as long as such agreement

16 does not extend beyond the date on which the officer mak17 ing such agreement would complete 14 years of aviation

18 service.’’.

19 SEC. 622. SPECIAL WARFARE OFFICER CONTINUATION PAY.

20 (a) SPECIAL PAY: SPECIAL WARFARE OFFICER CON21 TINUATION PAY.—Chapter 5 of title 37, United States

22 Code, is amended by inserting after section 301f the fol23 lowing new section:
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1 ‘‘§ 301g. Special pay: special warfare officer continu2 ation pay

3 ‘‘(a) SPECIAL PAY AUTHORIZED.—A special warfare

4 officer described in subsection (b) who executes a written

5 agreement to remain on active duty in special warfare

6 service for at least one year may, upon the acceptance of

7 the agreement by the Secretary concerned, be paid a sum

8 of money not to exceed the amount prescribed in sub9 section (c).

10 ‘‘(b) COVERED OFFICERS.—A special warfare officer

11 referred to in subsection (a) is an officer of a regular com12 ponent of an armed force on full-time active duty who—

13 ‘‘(1) is qualified for and serving in a military

14 occupational specialty or designator identified by the

15 Secretary concerned as a special warfare military oc16 cupational specialty or designator;

17 ‘‘(2) is in pay grade O–3 or O–4 and is not on

18 a promotion list to pay grade O–5 at the time the

19 officer applies for an agreement under this section;

20 ‘‘(3) has completed at least six but not more

21 than 14 years of active commissioned service; and

22 ‘‘(4) has completed any service commitment in23 curred through the officer’s original commissioning

24 program.

25 ‘‘(c) AMOUNT PAYABLE.—The entitlement under this

26 section may not be more than $10,000 for each year of
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1 the written agreement. The authority to enter into written

2 agreements under subsection (a) expires as of September

3 30, 2001.

4 ‘‘(d) PRORATION.—The term of an agreement under

5 subsection (a) and the amount payable under subsection

6 (c) may be prorated as long as such agreement does not

7 extend beyond the date on which the officer making such

8 agreement would complete 14 years of active commis9 sioned service.

10 ‘‘(e) PAYMENT.—Upon acceptance of a written agree11 ment under subsection (a) by the Secretary concerned, the

12 total amount payable pursuant to the agreement becomes

13 fixed. It may be paid either—

14 ‘‘(1) by a lump sum in the amount of half the

15 total payable under the agreement at the time the

16 agreement is accepted by the Secretary concerned

17 followed by equal annual installments on the anni18 versary of acceptance of the agreement; or

19 ‘‘(2) in graduated annual payments under regu20 lations prescribed by the Secretary concerned with

21 the first payment payable at the time the agreement

22 is accepted by the Secretary concerned, and subse23 quent payments on the anniversary of acceptance of

24 the agreement.
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1 ‘‘(f) ADDITIONAL PAY.—Any amount paid under this

2 section is in addition to any other pay and allowances to

3 which an officer is entitled.

4 ‘‘(g) REPAYMENT.—(1) If an officer who has entered

5 into a written agreement under subsection (a) and has re6 ceived all or part of a special pay under this section fails

7 to complete the total period of active duty specified in the

8 agreement, the Secretary concerned may require the offi9 cer to repay the United States, to the extent that the Sec10 retary determines conditions and circumstances warrant,

11 any or all sums paid under this section.

12 ‘‘(2) An obligation to repay the United States im13 posed under paragraph (1) is for all purposes a debt owed

14 to the United States.

15 ‘‘(3) A discharge in bankruptcy under title 11 that

16 is entered less than five years after the termination of a

17 written agreement entered into under subsection (a) does

18 not discharge the officer signing the agreement from a

19 debt arising under such agreement or under paragraph

20 (1).

21 ‘‘(h) REGULATIONS.—The Secretaries concerned

22 shall prescribe regulations to carry out this section. Regu23 lations prescribed by the Secretary of a military depart24 ment shall be subject to the approval of the Secretary of

25 Defense.’’.
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1 (b) CONFORMING AMENDMENT.—The table of sec2 tion at the beginning of chapter 5 of title 37, United

3 States Code, is amended by inserting immediately after

4 the item referring to section 301f the following new item:

‘‘301g. Special pay: special warfare officer continuation pay.’’.

5 SEC. 623. INCREASE IN SPECIAL PAY AND BONUSES FOR

6 NUCLEAR-QUALIFIED OFFICERS.

7 (a) SPECIAL PAY FOR OFFICERS EXTENDING PE8 RIOD OF ACTIVE SERVICE.—Section 312(a) of title 37,

9 United States Code, is amended by striking out ‘‘$15,000’’

10 and inserting in lieu thereof ‘‘$25,000’’.

11 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

12 312b(a)(1) of title 37. United States Code, is amended

13 by striking out ‘‘$10,000’’ and inserting in lieu thereof

14 ‘‘$20,000’’.

15 (c) NUCLEAR CAREER ANNUAL INCENTIVE BO16 NUSES.—Section 312c of title 37, United States Code, is

17 amended—

18 (1) in subsection (a)(1) by striking out

19 ‘‘$12,000’’ and inserting in lieu thereof ‘‘$22,000’’;

20 and

21 (2) in subsection (b)(1), by striking out

22 ‘‘$5,500’’ and inserting in lieu thereof ‘‘$10,000’’.
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1 Subtitle C—Extension of Certain

2 Bonuses and Special Pays

3 SEC. 625. EXTENSION OF CERTAIN BONUSES AND SPECIAL

4 PAY AUTHORITIES FOR RESERVE FORCES

5 THROUGH FISCAL YEAR 2001.

6 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

7 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

8 302g(f) of title 37, United States Code, is amended by

9 striking out ‘‘December 31, 1999’’ and inserting in lieu

10 thereof ‘‘September 30, 2001’’.

11 (b) SELECTED RESERVE REENLISTMENT BONUS.—

12 Section 308b(f) of title 37, United States Code, is amend13 ed by striking out ‘‘December 31, 1999’’ and inserting in

14 lieu thereof ‘‘September 30, 2001’’.

15 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec16 tion 308c(e) of title 37, United States Code, is amended

17 by striking out ‘‘December 31, 1999’’ and inserting in lieu

18 thereof ‘‘September 30, 2001’’.

19 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS20 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

21 308d(c) of title 37, United States Code, is amended by

22 striking out ‘‘December 31, 1999’’ and inserting in lieu

23 thereof ‘‘September 30, 2001’’.

24 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec25 tion 308e(e) of title 37, United States Code, is amended
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1 by striking out ‘‘December 31, 1999’’ and inserting in lieu

2 thereof ‘‘September 30, 2001’’.

3 (f) READY RESERVE ENLISTMENT AND REENLIST4 MENT BONUS.—Section 308h(g) of title 37, United States

5 Code, is amended by striking out ‘‘December 31, 1999’’

6 and inserting in lieu thereof ‘‘September 30, 2001’’.

7 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec8 tion 308i(f) of title 37, United States Code, is amended

9 by striking out ‘‘December 31, 1999’’ and inserting in lieu

10 thereof ‘‘September 30, 2001’’.

11 (h) REPAYMENT OF EDUCATION LOANS FOR CER12 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE13 LECTED RESERVE.—Section 16302(d) of title 10, United

14 States Code, is amended by striking out ‘‘January 1,

15 2000’’ and inserting in lieu thereof ‘‘October 1, 2001’’.

16 SEC. 626. EXTENSION OF AUTHORITIES RELATING TO PAY17 MENT OF REENLISTMENT AND ENLISTMENT

18 BONUSES AND SPECIAL PAY FOR AVIATION

19 CAREER OFFICERS EXTENDING PERIOD OF

20 ACTIVE DUTY.

21 (a) SPECIAL PAY FOR AVIATION CAREER OFFICERS

22 EXTENDING PERIOD OF ACTIVE DUTY.—Section 301b(a)

23 of title 37, United States Code, is amended by striking

24 out ‘‘December 31, 1999’’ and inserting in lieu thereof

25 ‘‘September 30, 2001’’.
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1 (b) REENLISTMENT BONUS FOR ACTIVE MEM2 BERS.—Section 308(g) of title 37, United States Code, is

3 amended by striking out ‘‘December 31, 1999’’ and insert4 ing in lieu thereof ‘‘September 30, 2001’’.

5 (c) ENLISTMENT BONUSES FOR MEMBERS WITH

6 CRITICAL SKILLS.—Section 308a(c) and 308b(c) of title

7 37, United States Code, are each amended by striking out

8 ‘‘December 31, 1999’’ and inserting in lieu thereof ‘‘Sep9 tember 30, 2001’’.

10 SEC. 627. EXTENSION OF CERTAIN BONUSES AND SPECIAL

11 PAY AUTHORITIES FOR NURSE OFFICER CAN12 DIDATES, REGISTERED NURSES, AND NURSE

13 ANESTHETISTS.

14 (a) NURSE OFFICER CANDIDATE ACCESSION PRO15 GRAM.—Section 2130a(a)(1) of title 10, United States

16 Code, is amended by striking out ‘‘December 31, 1999’’

17 and inserting in lieu thereof ‘‘September 30, 2001’’.

18 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

19 Section 302d(a)(1) of title 37, United States Code, is

20 amended by striking out ‘‘December 31, 1999’’ and insert21 ing in lieu thereof ‘‘September 30, 2001’’.

22 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES23 THETISTS.—Section 302e(a)(1) of title 37, United States

24 Code, is amended by striking out ‘‘December 31, 1999’’

25 and inserting in lieu thereof ‘‘September 30, 2001’’.
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1 SEC. 628. EXTENSION OF AUTHORITY RELATING TO PAY2 MENT OF NUCLEAR CAREER FIELD BONUSES

3 AND SPECIAL PAY.

4 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI5 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

6 312(e) of title 37, United States Code, is amended by

7 striking ‘‘December 31, 1999’’ and inserting in lieu there8 of ‘‘September 30, 2001’’.

9 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

10 312b(c) of title 37, United States Code, is amended by

11 striking ‘‘December 31, 1999’’ and inserting in lieu there12 of ‘‘September 30, 2001’’.

13 (c) NUCLEAR CAREER ANNUAL INCENTIVE

14 BONUS.—Section 312c(d) of title 37, United States Code,

15 is amended by striking ‘‘October 1, 1998 and the 15-

16 month period beginning on that date and ending Decem17 ber 31, 1999’’ and inserting in lieu thereof ‘‘September

18 30, 2001’’.

19 Subtitle D—Military Retired Pay

20 SEC. 630. REPEAL OF REDUCTION IN RETIRED PAY APPLI21 CABLE TO POST-AUGUST 1, 1986, MEMBERS

22 WITH LESS THAN 30 YEARS OF SERVICE.

23 (a) REPEAL OF REDUCTION.—Section 1409(b) of

24 title 10, United States Code, is amended—

25 (1) by striking paragraph (2); and
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1 (2) by redesignating paragraph (3) as para2 graph (2).

3 (b) CONFORMING AMENDMENT.—Paragraph (1) of

4 such section is amended by striking ‘‘paragraphs (2) and

5 (3)’’ and inserting in lieu thereof ‘‘paragraph (2)’’.

6 SEC. 631. MODIFY ‘CPI–1’ COST-OF-LIVING ADJUSTMENT AP7 PLICABLE TO RETIRED PAY OF POST-AUGUST

8 1, 1986, MEMBERS.

9 Section 1401a(b) of title 10, United States Code, is

10 amended by striking paragraph (3) and inserting in lieu

11 thereof the following new paragraph (3):

12 ‘‘(3) POST-AUGUST 1, 1986 MEMBERS.—(A) If

13 the percent determined under paragraph (2) is

14 greater than or equal to three percent, the Secretary

15 of Defense shall increase the retired pay of each

16 member and former member who first became a

17 member on or after August 1, 1986, by the dif18 ference between—

19 ‘‘(i) the percent determined in paragraph

20 (2); and

21 ‘‘(ii) one percent.

22 ‘‘(B) If the percent determined under para23 graph (2) is less than three percent, the Secretary

24 shall increase the retired pay of each member and

25 former member who first became a member on or
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1 after August 1, 1986, by the lesser of the CPI

2 change or two percent.’’.

3 SEC. 632. CONFORMING AMENDMENTS.

4 (a) RECOMPUTATION OF COLA ADJUSTMENT

5 ‘‘CATCH-UP’’ AT AGE 62.—(1) Section 1410 of title 10,

6 United States Code, is amended—

7 (A) by amending the catchline for section 1410

8 to read as follows:

9 ‘‘§ 1410. Restoral of COLA amount at age 62 for mem10 bers entering on or after August 1, 1986’’;

11 (B) by striking paragraph (2); and

12 (C) by striking ‘‘—

13 ‘‘(1)’’ and realigning the indented remaining matter

14 as one with the preceding paragraph; and

15 (D) at the end of the realigned matter by strik16 ing ‘‘; and’’ inserting in lieu thereof a period.

17 (b) AMENDMENTS TO SURVIVOR BENEFIT PLAN.—

18 Chapter 73 of such title is amended as follows:

19 (1) Section 1447(6)(A) is amended by striking

20 ‘‘(determined without regard to any reduction under

21 section 1409(b)(2) of this title)’’.

22 (2) Section 1451 is amended in subsection (h)

23 by striking paragraph (3); and

24 (3) Section 1452 is amended in subsection (c)

25 by striking paragraph (4).
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1 SEC. 633. EFFECTIVE DATE.

2 The amendments made by sections 630, 631, and 632

3 shall take effect on October 1, 1999.

4 Subtitle E—Other Matters

5 SEC. 640. LUMP SUM LEAVE WITH REENLISTMENT.

6 Section 501 of title 37, United States Code, is

7 amended—

8 (1) in paragraph (a)(1), by adding at the end

9 before the semicolon the following: ‘‘, or in conjunc10 tion with a reenlistment regardless of when it oc11 curs’’; and

12 (2) in paragraph (b)(2), by striking ‘‘or enter13 ing into an enlistment,’’.

14 SEC. 641. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.

15 Section 411d(b)(1) of title 37, United States Code,

16 is amended—

17 (1) by redesignating clause (A) as clause (A)(i);

18 (2) by adding a new clause ‘‘(A)(ii) to any air19 port in the continental United States to which travel

20 can be arranged at the same or a lower cost as trav21 el obtained under clause (A)(i) above; or’’.

22 SEC. 642. AUTHORITY TO EXPEND APPROPRIATED FUNDS

23 TO PAY CERTAIN ACTUAL EXPENSES OF RE24 SERVISTS.

25 Section 404(i) of title 37, United States Code, is

26 amended—
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1 (1) in paragraph (1), by striking the period at

2 the end of the paragraph and inserting in lieu there3 of ‘‘or, if transit government quarters are unavail4 able, may provide contract quarters as lodging in

5 kind as if the member were entitled to such allow6 ances under subsection (a) of this section.’’;

7 (2) in paragraph (3), by inserting ‘‘or expenses

8 for contract quarters’’ after ‘‘service charge ex9 penses’’; and

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

11 paragraph (4):

12 ‘‘(4) Use of Government Charge Cards is au13 thorized for payment of these expenses.’’.

14 SEC. 643. AVIATION CAREER INCENTIVE PAY; DELEGATION

15 OF AUTHORITY TO WAIVE OPERATIONAL FLY16 ING DUTY REQUIREMENTS.

17 Section 301a(a)(5) of title 37, United States Code,

18 is amended by striking the third sentence and inserting

19 in lieu thereof the following: ‘‘The Secretary concerned

20 may delegate the authority in the preceding sentence, but

21 not below the Service Personnel Chief, to permit the pay22 ment of incentive pay under this paragraph.’’.
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1 SEC. 644. 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 in lieu thereof ‘‘; and’’; and

8 (3) by adding at the end the following new

9 paragraph:

10 ‘‘(4) in the case of a member serving in a con11 tingency operation as defined in section 101(a)(13)

12 of this title, or similar operational mission (other

13 than for training) designated by the Secretary con14 cerned, all of the charges may be paid.’’.

15 SEC. 645. PAYMENT OF TEMPORARY LODGING EXPENSES

16 TO MEMBERS MAKING THEIR FIRST PERMA17 NENT CHANGE OF STATION.

18 Section 404a(a) of title 37, United States Code, is

19 amended—

20 (1) in paragraph (1), by striking ‘‘or’’ at the

21 end of the paragraph;

22 (2) in paragraph (2), by inserting ‘‘or’’ after

23 the semicolon; and

24 (3) by inserting after paragraph (2) the fol25 lowing new paragraph (3):
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1 ‘‘(3) for enlisted members, from the member’s

2 home of record or initial technical school to the

3 member’s first permanent duty station;’’.

4 SEC. 646. DUTY STATUS; WHEREABOUTS UNKNOWN; PAY

5 ADMINISTRATION.

6 (a) DEFINITION.—Section 551 of title 37, United

7 States Code, is amended—

8 (1) by redesignating subsection (3) as sub9 section (4); and

10 (2) by inserting the following new subsection

11 (3):

12 ‘‘(3) The term ‘duty status; whereabouts un13 known’ defines a transitory casualty status, applica14 ble only to military personnel, that is used when the

15 responsible commander suspects the member may be

16 a casualty whose absence is involuntary, but does

17 not consider that sufficient evidence currently exists

18 to make a definite determination that the member

19 is—

20 ‘‘(A) missing;

21 ‘‘(B) deserted;

22 ‘‘(C) absent without leave; or

23 ‘‘(D) dead.’’.

24 (b) CONFORMING AMENDMENTS.—(1) Section 552 of

25 title 37, United States Code, is amended—
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1 (A) by amending the section heading to read as

2 follows:

3 ‘‘§ 552. Pay and allowances; continuation while in a

4 missing or duty status; whereabouts un5 known status; limitations’’;

6 (B) in subsection (a), by inserting ‘‘or duty sta7 tus; whereabouts unknown’’ after ‘‘missing’’ each

8 place it appears; and

9 (C) in paragraph (a)(1), by striking out ‘‘that’’

10 the first place it appears, and inserting in lieu there11 of ‘‘either’’.

12 (2) In the table of sections at the beginning of chap13 ter 10 of title 37, United States Code, the item referring

14 to section 552 is amended to read as follows:

‘‘552. Pay and allowances; continuation while in a missing or duty status;

whereabouts unknown status; limitations.’’.

15 SEC. 647. BIENNIAL REPORTING REQUIREMENT FOR THE

16 MONTGOMERY GI BILL; SELECTED RESERVE.

17 Section 16137 of title 10, United States Code, is

18 amended by striking ‘‘not later than March 1 of each year

19 concerning the operation of the educational assistance pro20 gram established by this chapter during the preceding fis21 cal year.’’ and inserting in lieu thereof ‘‘by March 1, at

22 least once every two years concerning the operation of the

23 educational assistance program established by this chapter

24 during the preceding fiscal years.’’.
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1 TITLE VII—HEALTH CARE

2 PROVISIONS

3 SEC. 701. ADMINISTRATION OF HEALTH CARE CONTRACTS

4 AND PROGRAMS.

5 Section 1073 of title 10, United States Code, is

6 amended—

7 (1) by inserting ‘‘(a)’’ at the beginning of the

8 current text; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(b)(1) In the administration of contracts under this

12 chapter, the Secretary of Defense shall provide a stable

13 and uniform program of medical and dental care by imple14 menting program benefit and administrative changes at

15 the start of each fiscal year, rather than throughout the

16 year, except when the Secretary determines that the

17 change would significantly improve health services to eligi18 ble beneficiaries under this chapter, or that for other rea19 sons implementation other than at the start of the fiscal

20 year would most effectively carry out the purposes of this

21 chapter.

22 ‘‘(2) In cases in which a law is enacted requiring the

23 initiation of a new program or benefit under this chapter,

24 the Secretary of Defense may defer for up to one year
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1 the implementation schedule for such new program or ben2 efit if the Secretary—

3 ‘‘(A) determines such deferral is necessary to

4 seek the appropriation of such funds, additional to

5 those needed for ongoing programs and benefits

6 under this chapter, as may be necessary for such

7 new programs and benefits; and

8 ‘‘(B) certifies to Congress that such deferral is

9 necessary to prevent disruptions to such ongoing

10 programs and benefits and reports on the appropria11 tions amounts that would be necessary to proceed

12 with timely implementation of the new program or

13 benefit.’’.

14 SEC. 702. CONTINUATION OF PREVIOUSLY PROVIDED CUS15 TODIAL CARE BENEFITS FOR CERTAIN

16 CHAMPUS BENEFICIARIES.

17 (a) CONTINUATION OF COVERAGE.—Subject to sub18 section (c), the Secretary of Defense may continue pay19 ment under the Civilian Health and Medical Program of

20 the Uniformed Services (as defined in section 1072 of title

21 10, United States Code) for domiciliary or custodial care

22 services, otherwise excluded by regulations implementing

23 section 1077(b)(1) of such title on behalf of beneficiaries

24 described in subsection (b).
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1 (b) COVERED BENEFICIARIES.—Beneficiaries de2 scribed in subsection (a) are covered beneficiaries as (de3 fined in section 1072 of such title) who, prior to the effec4 tive date of final regulations to implement the individual

5 care management program authorized by section

6 1079(a)(17) of such title, were provided domiciliary or

7 custodial care services for which the Secretary provided

8 payment.

9 (c) SECRETARIAL AUTHORITY.—The authority pro10 vided by subsection (a) is subject to a case-by-case deter11 mination by the Secretary that discontinuation of payment

12 for domiciliary or custodial care services or transition

13 under the case management program authorized by such

14 section 1079(a)(17) to alternative programs and services

15 would be inadequate to meet the needs of, and unjust, to

16 the beneficiary.

17 SEC. 704. AUTHORITY OF ARMED FORCES MEDICAL EXAM18 INER TO CONDUCT AUTOPSIES.

19 (a) IN GENERAL.—Chapter 3 of title 10, United

20 States Code, is amended by adding after section 130a the

21 following new section:

22 ‘‘§ 130b. Authority of armed forces medical examiner

23 to conduct autopsies

24 ‘‘(a) IN GENERAL.—Under regulations prescribed by

25 the Secretary of Defense, the Armed Forces Medical Ex-
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1 aminer is authorized to conduct a forensic pathology inves2 tigation, including an autopsy, when a person is found

3 dead or dies under circumstances that require a forensic

4 pathology investigation to determine the cause or manner

5 of death and one of the circumstances described in sub6 section (b) is also present.

7 ‘‘(b) APPLICABILITY.—The circumstances referred to

8 in subsection (a) are, subject to subsection (c), any one

9 of the following:

10 ‘‘(1) A person is found dead or dies at an in11 stallation garrisoned by units of the armed forces

12 and under the exclusive jurisdiction of the United

13 States.

14 ‘‘(2) A member of the armed forces on active

15 duty or inactive duty for training is found dead or

16 dies, or a former member dies soon after retirement

17 under chapter 61 of this title as a result of an injury

18 or illness incurred which such a member.

19 ‘‘(3) A civilian dependent of a member of the

20 armed forces is found dead or dies in any location

21 outside the United States.

22 ‘‘(4) Pursuant to an authorized Department of

23 Defense investigation of matters in which there is

24 involved the death of a person or persons, a factual
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1 determination is necessary of the cause or manner of

2 the death(s).

3 ‘‘(5) Pursuant to an authorized investigation

4 being conducted by the Federal Bureau of Investiga5 tion, the National Transportation Safety Board, or

6 other Federal agency, an authorized official of such

7 agency with authority to direct a forensic pathology

8 investigation requests that such an investigation be

9 conducted by the Armed Forces Medical Examiner.

10 ‘‘(c) LIMITATION IN CONCURRENT JURISDICTION

11 CASES.—Authority of the Armed Forces Medical Exam12 iner to conduct a forensic pathology investigation under

13 the circumstances described in subsection (b) is subject

14 to the primary jurisdiction, to the extent fully exercised

15 (including conducting an autopsy), of the appropriate

16 state or local governmental authority or, if outside the

17 United States, of appropriate authorities under any appli18 cable Status of Forces or other international agreement

19 between the United States and the country involved.

20 ‘‘(d) PROCEDURES.—In conducting forensic pathol21 ogy investigations under this section, the Armed Forces

22 Medical Examiner shall—

23 ‘‘(1) designate qualified pathologists for this

24 purpose;
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1 ‘‘(2) to the extent practicable and consistent

2 with responsibilities under this section, give due re3 gard to any applicable law protecting religious be4 liefs;

5 ‘‘(3) as soon as practicable, inform the family

6 of the decedent, if known, of the fact of the forensic

7 pathology investigation;

8 ‘‘(4) as soon as practicable after completion of

9 the investigation, return the remains of the deceased

10 to the family of the decedent, if known; and

11 ‘‘(5) promptly report the results of the forensic

12 pathology investigation to the authorized official re13 sponsible for the investigation relating to the death.

14 ‘‘(e) DEFINITION.—In this section, the term ‘cir15 cumstances that require a forensic pathology investigation’

16 are, in the judgment of the Armed Forces Medical

17 Examiner—

18 ‘‘(1) a person is killed or from any cause dies

19 an unnatural death;

20 ‘‘(2) the cause or manner of death are un21 known;

22 ‘‘(3) there is reasonable suspicion that the

23 death was by unlawful means;

24 ‘‘(4) death was apparently from an infectious

25 disease or from the effects of a hazardous material
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1 that may have an adverse effect on the installation

2 or community; or

3 ‘‘(5) the identity of the deceased person is un4 known.’’.

5 (b) CONFORMING AMENDMENT.—Chapter 577 of

6 title 10, United States Code, is amended by adding after

7 section 6522 the following new section:

8 ‘‘§ 6523. Inquests

9 ‘‘(a) When a person is found dead under cir10 cumstances that require investigation, at a place garri11 soned by the Navy or Marine Corps, and under the exclu12 sive jurisdiction of the United States, the commanding of13 ficer shall direct a summary court-martial to investigate

14 the circumstances of the death.

15 ‘‘(b) In conducting an investigation under subsection

16 (a), the summary court-martial may summon witnesses

17 and examine them under oath.

18 ‘‘(c) The summary court-martial shall promptly sub19 mit to the commanding officer a report of the investigation

20 and findings as to the cause of death.’’.

21 (c) CLERICAL AMENDMENTS.—(1) The tables of sec22 tions of such title and chapters are amended—

23 (A) by adding after the item relating to section

24 130a the following new item:

‘‘130b. Authority of armed forces medical examiner to conduct autopsies.’’;

25 and
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1 (B) by adding after the item relating to section

2 6522 the following new item:

‘‘6523. Inquests.’’

3 (2) The chapter heading for such chapter 577 is

4 amended by adding at the end a semicolon and ‘‘IN5 QUESTS’’.

6 (3) The tables of chapters and table of sections for

7 such title 10, for Subtitle C of such title, and for Part

8 II of such Subtitle are amended with respect to the items

9 relating to chapter 577 by adding at the end a semicolon

10 and ‘‘Inquests’’.

11 SEC. 705. EMERGENCY MEDICAL CARE FOR EMPLOYEES OF

12 THE DEPARTMENT OF DEFENSE ON DUTY IN

13 THE FORMER SOVIET UNION OR FORMER

14 WARSAW PACT COUNTRIES.

15 (a) AUTHORITY FOR MEDICAL CARE.—Chapter 53 of

16 title 10, United States Code, is amended by inserting after

17 section 1049 the following new section 1049a:

18 ‘‘§ 1049a. Emergency medical care for employees of

19 the Department of Defense on duty in the

20 former Soviet Union or former Warsaw

21 Pact countries

22 ‘‘The Secretary of Defense may make payments for

23 emergency medical or dental care for military, civilian, and

24 contractor employees of the Department of Defense per25 manently or temporarily on duty in the countries of the
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1 former Soviet Union and the former Warsaw Pact. The

2 authority of the Secretary of Defense to make payments

3 under this section is effective for any fiscal year only to

4 the extent that appropriated funds are available for such

5 purpose.’’.

6 (c) CLERICAL AMENDMENT.—(1) The table of sec7 tions at the beginning of title 10, United States Code, is

8 amended by adding at the end the following new item:

‘‘1049a. Emergency medical care for employees of the Department of Defense

on duty in the former Soviet Union or former Warsaw Pact

countries.’’.

9 SEC. 706. THIRD PARTY COLLECTION PROGRAM IMPROVE10 MENTS.

11 Section 1095 of title 10, United States Code, is

12 amended—

13 (1) by amending subsection (f) to read as fol14 lows:

15 ‘‘(f) The Secretary of Defense, in consultation with

16 the other administering Secretaries, shall prescribe regula17 tions for the administration of this section. Such regula18 tions shall provide for the computation of the reasonable

19 cost of inpatient, outpatient, or other health care services.

20 Computation of such reasonable cost may be based on—

21 ‘‘(1) per diem rates;

22 ‘‘(2) all-inclusive per visit rates;

23 ‘‘(3) diagnosis-related groups;
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1 ‘‘(4) rates prescribed under the regulations im2 plementing section 1079 and 1086 of this title; or

3 ‘‘(5) such other methods as may be appro4 priate.’’; and

5 (2) in subsection (h)(1), by striking the first

6 sentence and inserting in lieu thereof ‘‘The term

7 ‘third party payer’ means an entity that provides an

8 insurance, medical service, or health plan by con9 tract or agreement including an automobile liability

10 insurance or no fault insurance carrier, a worker’s

11 compensation program or plan, and any other plan

12 or program that is designed to provide compensation

13 or coverage for expenses incurred by a beneficiary

14 for medical services and supplies.’’.

15 TITLE VIII—ACQUISITION POL16 ICY, ACQUISITION MANAGE17 MENT, AND RELATED MAT18 TERS

19 SEC. 801. PROTECTION OF COMMERCIAL SOURCES.

20 Section 455(b)(1) of title 10, United States Code, is

21 amended by—

22 (1) in subparagraph (B) by striking ‘‘or’’;

23 (2) in subparagraph (C) by striking the period

24 at the end and inserting in lieu thereof ‘‘; or’’; and
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1 (3) by adding at the end the following new sub2 paragraph (D):

3 ‘‘(D) that contains information that the

4 Secretary of Defense has determined in writing,

5 if disclosed, would interfere or unfairly compete

6 with an emerging or existing commercial indus7 try or market operation.’’.

8 (4) by adding at the end the following new

9 paragraph (4):

10 ‘‘(4) Nothing in this section shall affect, limit,

11 or supersede the authorities or responsibilities of the

12 Director of Central Intelligence with respect to im13 agery and imagery intelligence pursuant to the Na14 tional Security Act of 1947, as amended (50 U.S.C.

15 402 et seq.), Executive Order 12951, or any suc16 cessor Executive order and applicable Presidential

17 directives. The withholding of imagery and imagery

18 intelligence will be in accordance with the policies

19 and directives of the Director of Central Intel20 ligence.’’.

21 SEC. 802. WAIVER OF LIVE-FIRE SURVIVABILITY TESTING

22 MH–47E/MH–60K HELICOPTER MODIFICATION

23 PROGRAMS.

24 (a) WAIVER.—Notwithstanding the requirement of

25 section 2366(c)(1) of title 10, United States Code, that
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1 any waiver by the Secretary of Defense of the application

2 of the survivability tests to a covered system occur before

3 the system or program enters engineering and manufac4 turing development, and notwithstanding the requirements

5 of section 142 of the National Defense Authorization Act

6 for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

7 2338) that operational test and evaluation and surviv8 ability testing of the MH–47E helicopters and MH–60K

9 helicopters be completed prior to full materiel release of

10 the helicopters for operational use, the Secretary may

11 waive the application of the survivability tests to the MH–

12 47E and MH–60K helicopter modification programs, be13 fore full material release of the MH–47E and MH–60K

14 helicopters for operational use.

15 (b) REPORT.—Except as provided in subsection (a)

16 above, any waiver by the Secretary of Defense of the appli17 cation of the survivability tests to the MH–47E and MH–

18 60K helicopters shall comply with all other requirements

19 of subsection (c) of section 2366 of title 10, United States

20 Code.

21 SEC. 803. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR

22 COAL AND COKE.

23 (a) IN GENERAL.—Section 2404 of title 10, United

24 States Code, is amended—
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1 (1) in the catchline for the provision by insert2 ing ‘‘, coal, coke,’’ after ‘‘petroleum’’;

3 (2) in subsection (a)—

4 (A) by inserting ‘‘, coal, coke,’’ after ‘‘pe5 troleum’’; and

6 (B) in paragraph (1), by inserting ‘‘, coal

7 market conditions, coke market conditions,’’

8 after ‘‘petroleum market conditions’’;

9 (3) in subsection (b), by inserting ‘‘, coal,

10 coke,’’ after ‘‘petroleum’’;

11 (4) in subsection (c), by inserting ‘‘, coal,

12 coke,’’ after the term ‘‘petroleum’’; and

13 (5) in subsection (d), by inserting ‘‘, coal,

14 coke,’’ after ‘‘petroleum’’.

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

16 for chapter 141 of such title 10 is amended by amending

17 the item relating to section 2104 by inserting ‘‘, coal,

18 coke,’’ after ‘‘petroleum’’.

19 SEC. 804. REPEAL OF CERTIFICATION OF FUNDING FOR

20 SUPPORT COSTS IN THE FIVE YEAR DEFENSE

21 PROGRAM.

22 Section 2306b(i)(1) of title 10, United States Code,

23 is amended—

24 (1) by striking ‘‘each of the following conditions

25 is satisfied:’’;
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1 (2) by striking subparagraph (A); and

2 (3) by striking ‘‘(B) The’’ and inserting in lieu

3 thereof ‘‘the’’.

4 SEC. 805. REPEAL OF THE SHIPBUILDING CAPABILITY

5 PRESERVATION AGREEMENT.

6 (a) REPEALER.—Section 7315 of title 10, United

7 States Code, relating to the Shipbuilding Capability Pres8 ervation Agreement, is repealed.

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

10 at the beginning of chapter 633 of title 10 is amended

11 by striking the item relating to section 7315.

12 SEC. 806. ELIMINATION OF SUBCONTRACT NOTIFICATION

13 REQUIREMENTS.

14 Section 2306(e) of title 10, United States Code, is

15 amended to read as follows:

16 ‘‘(e) Except for contracts with a contractor that

17 maintains a purchasing system that has been approved by

18 the cognizant contracting officer, each cost contract and

19 each cost-plus-a-fixed-fee contract shall include a contract

20 provision that requires the contractor to notify the agency,

21 prior to the award under a prime contract, of—

22 ‘‘(1) a cost-plus-a-fixed-fee subcontract; or

23 ‘‘(2) a fixed-price subcontract or purchase order

24 involving more than the greater of—
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1 ‘‘(A) the simplified acquisition threshold;

2 or

3 ‘‘(B) five percent of the estimated cost of

4 the prime contract.’’.

5 SEC. 807. ANNUAL REPORT TO CONGRESS ON NUCLEAR AT6 TACK SUBMARINE PROCUREMENT AND SUB7 MARINE TECHNOLOGY.

8 Section 131 of the National Defense Authorization

9 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

10 206) is amended by striking subsections (b), (c), (e) and

11 (f).

12 SEC. 808. ELIMINATION OF ANNUAL REPORT ON DESIGN

13 RESPONSIBILITY OF NEW ATTACK SUB14 MARINE PROGRAM.

15 Section 121(g) of the National Defense Authorization

16 Act of Fiscal Year 1997 (Public Law 104–201: 110 Stat.

17 2441) is amended by striking paragraph (3).

18 SEC. 809. CLERICAL AMENDMENT TO THE AUTHORITY TO

19 CARRY OUT CERTAIN PROTOTYPE PROJECTS.

20 Section 845(b)(1) of the National Defense Authoriza21 tion Act of Fiscal Year 1994 (Public Law 103–160; 107

22 Stat. 1722; 10 U.S.C. 2371 note), as amended by section

23 804 of the National Defense Authorization Act for Fiscal

24 Year 1997 (Public Law 104–201; 110 Stat. 2605), is

25 amended by striking ‘‘(e)(2) and (e)(3) of such section
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1 2371’’ and inserting in lieu thereof ‘‘(e)(1)(B) and (e)(2)

2 of such section 2371’’.

3 SEC. 810. MANUFACTURING TECHNOLOGY COST SHARING.

4 Section 2525 of title 10, United States Code, is

5 amended—

6 (1) in subsection (b)—

7 (A) by redesignating paragraphs (5)

8 through (8) as paragraphs (6) through (9), re9 spectfully; and

10 (B) by inserting after paragraph (3) the

11 following new paragraph (4):

12 ‘‘(4) to address broad defense-related manufac13 turing inefficiencies and requirements;’’; and

14 (2) by amending subsections (d) and (e) to read

15 as follows:

16 ‘‘(d) COMPETITION AND COST SHARING.—(1) Com17 petitive procedures shall be used for awarding all grants

18 and entering into all contracts, cooperative agreements,

19 and other transactions under the program.

20 ‘‘(2)(A) Cost sharing is required for projects under21 taken under the term of this section except when a project

22 meets conditions in subparagraph (B).

23 ‘‘(B) Cost sharing may be waived when a project—

24 ‘‘(i) is not likely to have an immediate and di25 rect commercial application, and
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1 ‘‘(ii) is initiated by a military Service acquisi2 tion organization or by the Defense Logistics Agen3 cy, pursuant to a formal review of manufacturing

4 development opportunities and planning for project

5 execution.

6 ‘‘(C) If cost sharing is not used, the appro7 priate Service Acquisition Executive, the Director of

8 the Defense Logistics Agency, or a designee of such

9 an official, shall document the rationale in the trans10 action file for each such project.

11 ‘‘(e) FIVE-YEAR PLAN.—(1) The Under Secretary of

12 Defense (Acquisition & Technology) shall prepare a five13 year plan for the program which establishes—

14 ‘‘(A) The overall manufacturing technology

15 goals, milestones, priorities, and investment strategy

16 for the program; and

17 ‘‘(B) for each of the five fiscal years covered by

18 the plan, the objectives of, and funding for the pro19 gram by, each military department and each Defense

20 Agency participating in the program.

21 ‘‘(2) The plan shall also provide an assessment of the

22 following:

23 ‘‘(A) Effectiveness of the program.

24 ‘‘(B) Extent to which the costs of projects are

25 being shared.
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1 ‘‘(3) The plan shall be updated annually and shall

2 be included in the budget justification documents sub3 mitted in support of the budget of the Department of De4 fense for a fiscal year (as included in the budget of the

5 President submitted to Congress under section 1105 of

6 title 31).’’.

7 TITLE IX—DEPARTMENT OF DE8 FENSE ORGANIZATION AND

9 MANAGEMENT

10 Subtitle A—Organization

11 SEC. 901. ABOLISHMENT OF POSITION OF ASSISTANT TO

12 THE SECRETARY OF DEFENSE FOR NUCLEAR

13 AND CHEMICAL AND BIOLOGICAL DEFENSE

14 PROGRAMS.

15 ‘‘(a) IN GENERAL.—Section 142 of title 10, United

16 States Code, is repealed.

17 ‘‘(b) CONFORMING AMENDMENTS.—Section

18 179(c)(2) of such title 10 is amended by striking ‘‘The

19 Assistant to the Secretary of Defense for Nuclear and

20 Chemical and Biological Defense Programs’’ and inserting

21 in lieu thereof ‘‘Director, Defense Research & Engineer22 ing’’. Section 5316 of title 5, United States Code, is

23 amended by striking ‘‘Assistant to the Secretary of De24 fense for Nuclear and Chemical and Biological Defense

25 Programs, Department of Defense’’.
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1 (c) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of Chapter 4 of title 10, United States

3 Code, is amended by striking the item relating to section

4 142.

5 SEC. 902. MODIFICATION OF THE TITLES OF CERTAIN MEM6 BERS OF THE STRATEGIC ENVIRONMENTAL

7 RESEARCH AND DEVELOPMENT PROGRAM

8 COUNCIL.

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

10 amended—

11 (1) in paragraph (1), by striking ‘‘Director of

12 Defense Research and Engineering’’ and inserting in

13 lieu thereof ‘‘Deputy Under Secretary of Defense for

14 Science and Technology’’; and

15 (2) in paragraph (6), by striking ‘‘Energy Re16 search’’ and inserting in lieu thereof ‘‘Science’’.

17 SEC. 903. ESTABLISHMENT OF THE POSITION IN THE OF18 FICE OF THE SECRETARY OF DEFENSE OF DI19 RECTOR OF DEFENSE LOGISTICS.

20 (a) IN GENERAL.—Chapter 4 of title 10, United

21 States Code, is amended by inserting after section 133a

22 the following new section:

23 ‘‘§ 133b. Director of Defense Logistics

24 ‘‘(a) There is a Director of Defense Logistics, ap25 pointed from civilian life by the President, by and with
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1 the advice and consent of the Senate at level 4 of the Exec2 utive Schedule.

3 ‘‘(b) The Director shall be appointed without regard

4 to political affiliation and solely on the basis of fitness to

5 perform the duties of the office of Director.

6 ‘‘(c) Except as otherwise prescribed by the Secretary

7 of Defense, the Director is the principal adviser to the Sec8 retary and the Under Secretary of Defense for Acquisition

9 and Technology on logistics in the Department of Defense

10 and the principal logistics official within the senior man11 agement of the Department of Defense, and shall perform

12 such duties relating to logistics as the Under Secretary

13 of Defense for Acquisition and Technology may assign,

14 including—

15 ‘‘(1) prescribe, by authority of the Secretary of

16 Defense, policies and procedures for the conduct of

17 logistics in the Department of Defense;

18 ‘‘(2) advise and assist the Secretary of Defense,

19 the Deputy Secretary of Defense, the Under Sec20 retary of Defense for Acquisition and Technology

21 and provide guidance to and consult with the Secre22 taries of military departments with respect to logis23 tics in the Department of Defense; and

24 ‘‘(3) monitor and review all logistics programs

25 in the Department of Defense.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter 4 is amended by inserting

3 after the item relating to section 133a the following new

4 item:

‘‘133b. Director of Defense Logistics.’’

5 (c) CONFORMING AMENDMENT.—Section 5315 of

6 title 5, United States Code, is amended by adding at the

7 end of the following new item ‘‘Director of Defense Logis8 tics’’.

9 Subtitle B—Management of Service

10 Academies

11 SEC. 905. HOURS AND PAY FOR SERVICE ACADEMY FAC12 ULTY.

13 (a) ARMY.—Section 4338 of title 10, United States

14 Code, is amended by adding at the end the following new

15 subsection (c):

16 ‘‘(c) Notwithstanding the provisions of subchapter V,

17 chapter 55 of title 5, United States Code, or section 6101

18 of chapter 61 of such title, the Secretary of the Army may

19 establish the work schedule, including hours of work and

20 tours of duty, for persons employed under this section and

21 premium pay, if any, and compensatory time off, if any,

22 for hours of work or tours of duty in excess of those regu23 larly scheduled. The specificity and other characteristics

24 of the schedule shall be determined by the Secretary.’’.
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1 (b) NAVY.—Section 6952 of title 10, United States

2 Code, is amended—

3 (1) by redesignating subsection (c) as sub4 section (d); and

5 (2) by inserting after subsection (b) the fol6 lowing new subsection (c):

7 ‘‘(c) Notwithstanding the provisions of subchapter V,

8 chapter 55 of title 5, United States Code, or section 6101

9 of chapter 61 of such title, the Secretary of the Navy may

10 establish the work schedule, including hours of work and

11 tours of duty, for persons employed under this section and

12 premium pay, if any, and compensatory time off, if any,

13 for hours of work or tours of duty in excess of those regu14 larly scheduled. The specificity and other characteristics

15 of the schedule shall be determined by the Secretary.’’.

16 (c) AIR FORCE.—Section 9338 of title 10, United

17 States Code, is amended by adding at the end the fol18 lowing new subsection (c):

19 ‘‘(c) Notwithstanding the provisions of subchapter V,

20 chapter 55 of title 5, United States Code, or section 6101

21 of chapter 61 of such title, the Secretary of the Air Force

22 may establish the work schedule, including hours of work

23 and tours of duty, for persons employed under this section

24 and premium pay, if any, and compensatory time off, if

25 any, for hours of work or tours of duty in excess of those
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1 regularly scheduled. The specificity and other characteris2 tics of the schedule shall be determined by the Secretary.’’.

3 SEC. 906. ELIGIBILITY FOR PRESIDENTIAL APPOINTMENT

4 TO A SERVICE ACADEMY; TO INCLUDE CHIL5 DREN OF RESERVE PERSONNEL AND CER6 TAIN ACTIVE DUTY PERSONNEL.

7 (a) ARMY.—Section 4342(b)(1) of title 10, United

8 States Code, is amended—

9 (1) by striking paragraph (A) and inserting in

10 lieu thereof the following new subparagraph:

11 ‘‘(A) are currently on active duty (other

12 than for training) and who have served on ac13 tive duty for a total of at least eight years.’’;

14 (2) in subparagraph (B), by striking ‘‘, other

15 than those granted retired pay under section 12731

16 of this title (or under section 1331 of this title as

17 in effect before the effective date of the Reserve Of18 ficer Personnel Management Act)’’; and

19 (3) by adding at the end the following new sub20 paragraphs (C) and (D):

21 ‘‘(C) are serving as a member of a reserve

22 component and have earned at least 2,880 re23 tirement points credited for purposes of section

24 12733 of this title; or
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1 ‘‘(D) are, or who died while they were, eli2 gible for retired pay under chapter 1223 of this

3 title, but had not yet reached age 60;’’.

4 (b) NAVY.—Section 6954(b)(1) of title 10, United

5 States Code, is amended—

6 (1) by striking paragraph (A) and inserting in

7 lieu thereof the following new subparagraph:

8 ‘‘(A) are currently on active duty (other

9 than for training) and who have served on ac10 tive duty for a total of at least eight years.’’;

11 (2) in subparagraph (B), by striking ‘‘, other

12 than those granted retired pay under section 12731

13 of this title (or under section 1331 of this title as

14 in effect before the effective date of the Reserve Of15 ficer Personnel Management Act)’’; and

16 (3) by adding at the end the following new sub17 paragraphs (C) and (D):

18 ‘‘(C) are serving as a member of a reserve

19 component and who have earned at least 2,880

20 retirement points countable for purposes of sec21 tion 12733 of this title; or

22 ‘‘(D) are, or who died while they were, eli23 gible for retired pay under chapter 1223 of this

24 title, but had not yet reached age 60;’’.
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1 (c) AIR FORCE.—Section 9342(b)(1) of title 10,

2 United States Code, is amended—

3 (1) by striking paragraph (A) and inserting in

4 lieu thereof the following new subparagraph:

5 ‘‘(A) are currently on active duty (other

6 than for training) and who have served on ac7 tive duty for a total of at least eight years.’’;

8 (2) in subparagraph (B), by striking ‘‘, other

9 than those granted retired pay under section 12731

10 of this title (or under section 1331 of this title as

11 in effect before the effective date of the Reserve Of12 ficer Personnel Management Act)’’; and

13 (3) by adding at the end the following new sub14 paragraphs (C) and (D):

15 ‘‘(C) are serving as a member of a reserve

16 component and who have earned at least 2,880

17 retirement points countable for purposes of sec18 tion 12733 of this title; or

19 ‘‘(D) are, or who died while they were, eli20 gible for retired pay under chapter 1223 of this

21 title, but had not yet reached age 60;’’.
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1 SEC. 907. REIMBURSEMENT OF EXPENSES FOR INSTRUC2 TION AT SERVICE ACADEMIES OF PERSONS

3 FROM FOREIGN COUNTRIES.

4 (a) UNITED STATES MILITARY ACADEMY.—Section

5 4344(b) of title 10, United States Code, is amended—

6 (1) by striking the text of paragraph (3) and

7 inserting in lieu thereof the following new para8 graph:

9 ‘‘The amount of reimbursement waived under

10 paragraph (2) may not exceed 50 percent of the per11 person reimbursement amount otherwise required to

12 be paid by a foreign country under such paragraph,

13 except in the case of not more than twenty persons

14 receiving instruction at the Academy under this sec15 tion at any one time.’’.

16 (b) NAVAL ACADEMY.—Section 6957(b) of title 10,

17 United States Code, is amended—

18 (1) by striking the text of paragraph (3) and

19 inserting in lieu thereof the following new para20 graph:

21 ‘‘The amount of reimbursement waived under

22 paragraph (2) may not exceed 50 percent of the per23 person reimbursement amount otherwise required to

24 be paid by a foreign country under such paragraph,

25 except in the case of not more than twenty persons
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1 receiving instruction at the Naval Academy under

2 this section at any one time.’’.

3 (c) AIR FORCE ACADEMY.—Section 9344(b) of title

4 10, United States Code, is amended—

5 (1) by striking the text of paragraph (3) and

6 inserting in lieu thereof the following new para7 graph:

8 ‘‘The amount of reimbursement waived under

9 paragraph (2) may not exceed 50 percent of the per10 person reimbursement amount otherwise required to

11 be paid by a foreign country under such paragraph,

12 except in the case of not more than twenty persons

13 receiving instruction at the Naval Academy under

14 this section at any one time.’’.

15 (d) EFFECTIVE DATE.—The amendments made by

16 this section apply with respect to students from a foreign

17 country entering the United States Military Academy, the

18 United States Naval Academy, or the United States Air

19 Force Academy on or after May 1, 1999.

20 SEC. 908. SERVICE ACADEMY FOREIGN EXCHANGE PRO21 GRAM.

22 (a) UNITED STATES MILITARY ACADEMY.—(1) Sec23 tion 4345(b) of title 10, United States Code, is amended

24 by striking out ‘‘10 cadets’’ and inserting in lieu thereof

25 ‘‘24 cadets’’.
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1 (2) Section 4345(c)(3) of title 10, United States

2 Code, is amended by striking out ‘‘$50,000’’ and inserting

3 in lieu thereof ‘‘$120,000’’.

4 (b) UNITED STATES NAVAL ACADEMY.—(1) Section

5 6857a(b) of title 10, United States Code, is amended by

6 striking out ‘‘10 midshipmen’’ and inserting in lieu thereof

7 ‘‘24 midshipmen’’.

8 (2) Section 6957a(c)(3) of title 10, United States

9 Code, is amended by striking out ‘‘$50,000’’ and inserting

10 in lieu thereof ‘‘$120,000’’.

11 (c) UNITED STATES AIR FORCE ACADEMY.—(1) Sec12 tion 9345(b) of title 10, United States Code, is amended

13 by striking out ‘‘10 cadets’’ and inserting in lieu thereof

14 ‘‘24 cadets’’.

15 (2) Section 9345(c)(3) of title 10, United States

16 Code, is amended by striking out ‘‘$50,000’’ and inserting

17 in lieu thereof ‘‘$120,000’’.

18 Subtitle C—Personnel Management

19 SEC. 910. DELETION OF CIVILIAN EMPLOYEES FROM INVES20 TIGATIONS OF COMPLAINTS OF SEXUAL HAR21 ASSMENT BY COMMANDING OFFICERS AND

22 OFFICERS IN CHARGE.

23 Section 1561(a) of title 10, United States Code, is

24 amended by striking ‘‘or a civilian employee under the su25 pervision of the officer’’.
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1 SEC. 911. EXEMPTION OF RETIREE COUNCIL MEMBERS

2 FROM RECALLED RETIREE LIMITS.

3 Section 690(b)(2) of title 10, United States Code, is

4 amended by adding at the end the following new subpara5 graph (D):

6 ‘‘(D) Any officer assigned to duty as a member of

7 the Army, Navy, or Air Force Retiree Council for the pe8 riod of active duty to which ordered.’’.

9 Subtitle D—Other Matters

10 SEC. 915. EXEMPTION FROM REQUIREMENT FOR RELEASE

11 OF PERSONNEL INFORMATION FOR CERTAIN

12 OVERSEAS, SENSITIVE AND ROUTINELY

13 DEPLOYABLE UNITS.

14 (a) IN GENERAL.—Subchapter I of Chapter 21 of

15 title 10, United States Code, is amended by adding at the

16 end the following new section:

17 § 426. Disclosure of personnel information: exemption

18 for overseas, sensitive, or routinely

19 deployable, units

20 ‘‘(a) EXEMPTION FROM DISCLOSURE.—Except as re21 quired by the President or as provided in subsection (b),

22 no provision of law shall be construed to require the disclo23 sure of the name, rank, duty address, official title, or sal24 ary of members of the armed forces or civilian employees

25 of the Department of Defense or Department of Transpor26 tation assigned to or employed by—
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1 ‘‘(1) overseas units;

2 ‘‘(2) sensitive units; or

3 ‘‘(3) routinely deployable units.

4 ‘‘(b) DEFINITIONS.—In this section:

5 ‘‘(1) The term ‘overseas units’ means United

6 States military organizations outside the continental

7 United States or its territories.

8 ‘‘(2) The term ‘sensitive units’ means those

9 military organizations of the armed forces primarily

10 involved in training for, or the conduct of special ac11 tivities, or classified missions, including units in12 volved in collecting, handling, disposing, or storing

13 of classified information and materials. Also included

14 are units engaged in training special operations

15 units, security group commands weapons stations,

16 and communications stations and such other military

17 organizations as the Secretary of Defense may des18 ignate. Army, Navy and Air Force armed forces and

19 their subordinate organizations are considered mili20 tary organizations.

21 ‘‘(3) The term ‘routinely deployable unit’ means

22 those units of the armed forces that normally deploy

23 from permanent home station on a periodic or rotat24 ing basis to meet peacetime operational require25 ments, or to participate in scheduled training exer-
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1 cises, which require deployment outside of the

2 United States, or United States territories on a rou3 tine basis. The term also includes units which are

4 alerted for deployment outside of the United States,

5 or United States territories, during actual execution

6 of a contingency plan, or in support of a crisis oper7 ation.

8 ‘‘(c) PROVISION OF INFORMATION TO CONGRESS.—

9 Subsection (a) does not apply with respect to the provision

10 of information to Congress.’’.

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

12 at the beginning of Subchapter I of Chapter 21 of title

13 10 is amended by adding the following new section head14 ing:

‘‘426. Disclosure of personnel information: exemption of overseas, sensitive, and

routinely deployable units.’’.

15 SEC. 916. VESSELS STRICKEN FROM NAVAL VESSEL REG16 ISTER, CAPTURED.

17 Section 730(d) of title 10, United States Code is

18 amended—

19 (1) by striking the designator (1) at the begin20 ning of the first paragraph;

21 (2) by striking paragraph (2); and

22 (3) in the remaining matter, by striking ‘‘days

23 of continuous session of Congress’’ and inserting in

24 lieu thereof ‘‘calendar days’’.
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1 SEC. 917. LEASES: LAND FOR SPECIAL OPERATIONS ACTIVI2 TIES; EXTENSION OF AUTHORITY.

3 Section 2680(d) of title 10, United States Code, is

4 amended by striking ‘‘September 30, 2000’’ and inserting

5 in lieu thereof ‘‘September 30, 2002’’.

6 SEC. 918. TO CONSOLIDATE VARIOUS DEPARTMENT OF THE

7 NAVY TRUST AND GIFT FUNDS.

8 (a) CONSOLIDATION OF NAVAL ACADEMY GENERAL

9 GIFT FUND AND THE NAVAL ACADEMY MUSEUM

10 FUND.—Section 6973 of title 10, United States Code, is

11 amended—

12 (1) by amending subsection 6973(a) to read as

13 follows:

14 ‘‘(a)(1) The Secretary of the Navy may accept, hold,

15 administer, and spend gifts and bequests of personal prop16 erty, and loans of personal property other than money,

17 made on the condition that it be used for the benefit of,

18 or for use in connection with, the Naval Academy or the

19 Naval Academy Museum, its collection, or its services. Gift

20 or bequests of money and the proceeds from the sales of

21 property received as gifts shall be deposited in the Treas22 ury in the fund called ‘United States Naval Academy Gift

23 and Museum Fund.’ The Secretary may disburse funds

24 deposited under this subsection for the benefit or use of

25 the Naval Academy or the Naval Academy Museum sub26 ject to terms of the gift or bequest.
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1 ‘‘(2) The Secretary shall develop written guidelines

2 to be used in determining whether the acceptance of

3 money, personal property or loans of personal property

4 under paragraph (1) would reflect unfavorably upon the

5 ability of the Department of the Navy or any employee

6 of the Department of the Navy to carry out its responsibil7 ities or his or her official duties in a fair and objective

8 manner, or would compromise the integrity, or the appear9 ance of the integrity, or its programs or any official in10 volved in those programs.’’; and

11 (2) in subsection 6973(c), by striking ‘‘United

12 States Naval Academy general gift fund’’ both times

13 such phrase appears in the subsection and by insert14 ing in lieu thereof, in each instance, ‘‘United States

15 Naval Academy Gift and Museum Fund.’’.

16 (b) REPEAL OF NAVAL ACADEMY MUSEUM FUND.—

17 Section 6974 of such title 10, is hereby repealed.

18 (c) REPEAL OF NAVAL HISTORICAL CENTER

19 FUND.—Section 7222 of such title 10, is hereby repealed.

20 (d) TRANSFER OF FUNDS.—

21 (1) UNITED STATES GIFT AND MUSEUM

22 FUND.—All funds currently deposited or held in the

23 United States Naval Academy Museum Fund estab24 lished pursuant to section 6974 of such title 10,

25 shall be transferred to the United States Naval
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1 Academy Gift and Museum Fund authorized by sub2 section (a).

3 (2) NAVAL GENERAL GIFT FUND.—All funds

4 currently deposited or held in the Naval Historical

5 Center Fund, established pursuant to section 7222

6 of such title 10, shall be transferred to the Depart7 ment of the Navy General Gift Fund authorized by

8 section 2601 of such title 10.

9 (e) CLERICAL AMENDMENTS.—

10 (1) CHAPTER 603.—The Table of Sections at

11 the beginning of Chapter 603 of such title 10 is

12 amended by striking the item relating to section

13 6974.

14 (2) CHAPTER 631.—The Table of Sections at

15 the beginning of Chapter 631 of such title 10 is

16 amended by striking the item relating to section

17 7222.

18 SEC. 919. USE OF BURDEN SHARING FUNDS FOR CON19 STRUCTION IN THE EVENT OF WAR OR NA20 TIONAL EMERGENCY.

21 Section 2350j(e), title 10, United States Code, is

22 amended by adding at the end the following new para23 graph:

24 ‘‘(3) In the event of a declaration of war or the dec25 laration by the President of a national emergency in ac-
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1 cordance with the National Emergencies Act (Public Law

2 94–412; 50 U.S.C. 1601 et seq.) that requires the use of

3 armed forces in the country (or, in the case of a contribu4 tion by a regional organization, within the region) which

5 provided the burden sharing contribution, the Secretary

6 of Defense, or the Secretary of a military department

7 when authorized by the Secretary of Defense, may under8 take a military construction project under subsection (d)

9 necessary to support such use of the armed forces without

10 meeting the 21-day notice and wait period specified in

11 paragraph (2). However, when a decision is made to un12 dertake a military construction project under such cir13 cumstances, the Secretary of Defense shall notify the ap14 propriate committees of Congress of that decision and of

15 the estimated cost of such construction projects, including

16 the cost of any real estate action pertaining to those con17 struction projects. Authority to not comply with the 21-

18 day notice and wait provision shall terminate with respect

19 to any war or national emergency at the end of the war

20 or national emergency.’’.

21 SEC. 920. PROTECTION OF OPERATIONAL FILES OF THE NA22 TIONAL IMAGERY AND MAPPING AGENCY.

23 Title I of the National Security Act of 1947 (50

24 U.S.C. 402 et seq.) is amended by inserting after section

25 105A (50 U.S.C. 403–5a) the following new section:
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1 ‘‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL

2 IMAGERY AND MAPPING AGENCY

3 ‘‘SEC. 105B. (a) EXEMPTION OF CERTAIN OPER4 ATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION,

5 OR DISCLOSURE.—(1) Operational files of the National

6 Imagery and Mapping Agency may be exempted by the

7 Director of the National Imagery and Mapping Agency,

8 with the coordination of the Director of Central Intel9 ligence, from the provisions of section 552 of title 5,

10 United States Code (Freedom of Information Act), which

11 require publication or disclosure, or search or review, in

12 connection therewith.

13 ‘‘(2) For the purposes of this section, the term ‘‘oper14 ational files’’ means files of the National Imagery and

15 Mapping Agency (NIMA) concerning the activities of

16 NIMA that were previously performed by the National

17 Photographic Interpretation Center of the Central Intel18 ligence Agency (NPIC), and which document the means

19 by which foreign intelligence or counterintelligence is col20 lected through scientific and technical systems, except that

21 files which are the sole repository of disseminated intel22 ligence are not operational files.

23 ‘‘(3) Notwithstanding paragraph (1) of this sub24 section, exempted operational files shall continue to be

25 subject to search and review for information concerning—
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1 ‘‘(A) United States citizens or aliens lawfully

2 admitted for permanent residence who have re3 quested information on themselves pursuant to the

4 provisions of section 552 or title 5, United States

5 Code (Freedom of Information Act), or section 552a

6 of title 5, United States Code (Privacy Act of 1974);

7 ‘‘(B) Any special activity the existence of which

8 is not exempt from disclosure under the provisions

9 of section 552 of title 5, United States Code; or

10 ‘‘(C) The specific subject matter of an inves11 tigation by the Intelligence Oversight Board, the De12 partment of Justice, the Office of General Counsel

13 of the National Imagery and Mapping Agency, or

14 the Office of the Director of the National Imagery

15 and Mapping Agency for any impropriety, or viola16 tion of law, Executive order, or Presidential direc17 tive, in the conduct of an intelligence activity.

18 ‘‘(4)(A) Files that are not exempted under subsection

19 (a)(1) of this section which contain information derived

20 or disseminated from exempted operational files shall be

21 subject to search and review.

22 ‘‘(B) The inclusion of information from exempted

23 operational files in files that are not exempted under sub24 section (a)(1) shall not affect the exemption under sub-
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1 section (a)(1) of the originating operational files for

2 search, review publication or disclosure.

3 ‘‘(C) Records from exempted operational files which

4 have been disseminated to and referenced in files that are

5 not exempted under subsection (a)(1) and which have been

6 returned to exempted operational files for sole retention

7 shall be subject to search and review.

8 ‘‘(5) the provisions of subsection (a)(1) may not be

9 superseded except by a provision of law which is enacted

10 after the date of enactment of this act, and which specifi11 cally cites and repeals or modifies its provisions.

12 ‘‘(6) Whenever any person who has requested agency

13 records under section 552 of title 5, United States Code

14 (Freedom of Information Act), alleges that the National

15 Imagery and Mapping Agency has withheld records im16 properly because of failure to comply with any provision

17 of this section, judicial review shall be available under the

18 terms set forth in section 552(a)(4)(B) of title 5 United

19 States Code, except that—

20 ‘‘(A) in any case in which information specifi21 cally authorized under criteria established by an Ex22 ecutive order to be kept secret in the interests of na23 tional defense or foreign relations is filed with, or

24 produced for, the court by the National Imagery and
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1 Mapping Agency, such information shall be exam2 ined ex parte, in camera by the court.

3 ‘‘(B) the court shall, to the fullest extent prac4 ticable, determine the issues of fact based on sworn

5 written submissions of the parties;

6 ‘‘(C) when a complainant alleges that requested

7 records were improperly withheld because of im8 proper exception of operational files, the National

9 Imagery and Mapping Agency shall meet its burden

10 under section 552(a)(4)(B) of title 5, United States

11 Code, by demonstrating to the court by sworn writ12 ten submission that exempted operational files likely

13 to contain responsible records currently perform the

14 functions set forth in subsection (a)(2) of this sec15 tion; and

16 ‘‘(D)(i) when a complainant alleges that re17 quested records were improperly withheld because of

18 improper exception of operational files, the National

19 Imagery and Mapping Agency shall meet its burden

20 under section 552(a)(4)(B) of title 5, United States

21 Code, by demonstrating to the court by sworn writ22 ten submission that exempted operational files likely

23 to contain responsible records currently perform the

24 functions set forth in subsection (a)(2) of this sec25 tion; and
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1 ‘‘(ii) the court may not order the National Im2 agery and Mapping Agency to review the content of

3 any exempted operational file or files in order to

4 make the demonstration required under clause (i) of

5 this subparagraph, unless the complainant disputes

6 the National Imagery and Mapping Agency’s show7 ing with a sworn written submission based on per8 sonal knowledge or otherwise admissible evidence;

9 ‘‘(E) in proceedings under subparagraphs (C)

10 and (D) of subsection (a)(6), the parties shall not

11 obtain discovery pursuant to rules 26 and 36;

12 ‘‘(F) if the court finds under this subsection

13 that the National Imagery and Mapping Agency has

14 improperly withheld requested records because of

15 failure to comply with any provisions of this section,

16 the court shall order the National Imagery and Map17 ping Agency to search and review the appropriate

18 exempted operational file or files for the requested

19 records and make such records, or portions thereof,

20 available in accordance with the provisions of section

21 552 of title 5, United States Code (Freedom of In22 formation Act), and such order shall be the exclusive

23 remedy for failure to comply with the section;

24 ‘‘(G) if at any time following the filing of a

25 complaint pursuant to this subsection the National
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1 Imagery and Mapping Agency agrees to search the

2 appropriate exempted operational file or files for the

3 requested records, the court shall dismiss the claim

4 based upon such complaint; and

5 ‘‘(H) any information filed with, or produced

6 for the court pursuant to subparagraphs (A) and

7 (D) shall be coordinated with the Director of Central

8 Intelligence prior to submission to the court.

9 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER10 ATIONAL FILES.—(1) Not less than once every ten years,

11 the Director of the National Imagery and Mapping Agency

12 and the Director of Central Intelligence shall review the

13 exemptions in force under subsection (a)(1) of this section

14 to determine whether such exemptions may be removed

15 from the category or exempted files or any portion thereof.

16 The Director of Central Intelligence must approve any de17 termination to remove such exemptions.

18 ‘‘(2) The review required by subsection (b)(1) of this

19 section shall include consideration of the historical values

20 of other public interest in the subject matter of the par21 ticular category of files or portions thereof and the poten22 tial for declassifying a significant part of the information

23 contained therein.

24 ‘‘(3) A complaint which alleges that the National Im25 agery and Mapping Agency has improperly withheld
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1 records because of failure to comply with this subsection

2 may seek judicial review in the district court of the United

3 States of the district in which any of the parties reside,

4 or in the District of Columbia. In such a proceeding, the

5 court’s review shall be limited to determining—

6 ‘‘(A) whether the National Imagery and Map7 ping Agency has conducted the review required by

8 subsection (b)(1) within 10 years after the enact9 ment of this section or within ten years after the

10 last review; and

11 ‘‘(B) whether the National Imagery and Map12 ping Agency, in fact, considered the criteria set forth

13 in subsection (b)(2) of this section in conducting the

14 required review.’’.

15 TITLE X—GENERAL PROVISIONS

16 Subtitle A—Financial Matters

17 SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE

18 BUDGET REQUEST FOR PROCUREMENT OF

19 RESERVE EQUIPMENT.

20 Section 114(e) of title 10, United States Code, is re21 pealed.
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1 SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR

2 BUDGET CYCLE FOR THE DEPARTMENT OF

3 DEFENSE.

4 Section 1405 of the Department of Defense Author5 ization Act, 1986 (31 U.S.C. 1105 note) is repealed.

6 SEC. 1003. DATE FOR SUBMITTAL OF JOINT REPORT ON

7 SCORING OF BUDGET OUTLAYS.

8 Section 226 of title 10, United States Code is

9 amended—

10 (1) in subsection (a) by striking ‘‘Not later

11 than December 15 of each year’’ and inserting in

12 lieu thereof ‘‘Not later than the day on which the

13 budget for any fiscal year is submitted to Congress

14 pursuant to section 1105 of title 31’’;

15 (2) in paragraph (a)(1) by striking ‘‘major

16 functional category 050’’ and all that follows

17 through ‘‘section 1105 of title 31;’’, and inserting in

18 lieu thereof ‘‘subfunctional category 051 (Depart19 ment of Defense—Military) for that budget;’’;

20 (3) in the catchline to subsection (b) by striking

21 ‘‘USE OF AVERAGES.—’’ and inserting in lieu there22 of ‘‘USE OF DIFFERENCES.—’’; and

23 (4) in subsection (b) by striking ‘‘, the report

24 shall reflect the average of the relevant outlay rates

25 or assumptions used by the two offices.’’ and insert26 ing in lieu thereof ‘‘, the report shall reflect the dif-
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1 ferences between the relevant outlay rates or as2 sumptions used by the two offices. For each account

3 where a difference exists, the report also shall dis4 play the budget year budget authority (BA), the

5 rates, and the outlays estimated by both offices.’’.

6 SEC. 1004. EXTENSION OF PILOT PROGRAM FOR THE SALE

7 OF AIR POLLUTION EMISSION REDUCTION

8 INCENTIVES.

9 Section 351(a)(2) of the National Defense Authoriza10 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

11 Stat. 1692) is amended by striking ‘‘and ending two years

12 after such date’’ and inserting in lieu thereof ‘‘and ending

13 four years after such date.’’.

14 Subtitle B—Foreign Nations

15 SEC. 1010. COOPERATIVE MILITARY AIRLIFT AGREEMENTS:

16 ALLIED COUNTRIES.

17 Section 2350c of chapter 138 of title 10, United

18 States Code, is amended—

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

20 (2) by redesignating subsection (e) as sub21 section (d).
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1 SEC. 1011. ONE-YEAR EXTENSION OF COUNTER2 PROLIFERATION AUTHORITIES FOR SUP3 PORT OF UNITED NATIONS SPECIAL COMMIS4 SION ON IRAQ.

5 (a) AMOUNT AUTHORIZED FOR FISCAL YEAR

6 2000.—The total amount of assistance for fiscal year

7 2000 provided by the Secretary of Defense under section

8 1505 of the Weapons of Mass Destruction Control Act of

9 1992 (22 U.S.C. 5859a) that is provided for activities of

10 the Department of Defense in support of the United Na11 tions Special Commission on Iraq, may not exceed

12 $15,000,000.

13 (b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST14 ANCE.—Section 1505(f) of the Weapons of Mass Destruc15 tion Control Act of 1992 (22 U.S.C. 5859a) is amended

16 by striking ‘‘1999’’ and inserting in lieu thereof ‘‘2000’’.

17 Subtitle C—Department of Defense

18 Schools

19 SEC. 1015. AMENDMENT OF ELIGIBILITY REQUIREMENTS

20 FOR ATTENDANCE AT DEPARTMENT OF DE21 FENSE DOMESTIC DEPENDENT ELEMENTARY

22 AND SECONDARY SCHOOLS, RISING SENIOR.

23 Section 2164(c) of title 10, United States Code, is

24 amended by adding at the end the following new para25 graph (4):
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1 ‘‘(4) A dependent of a member of the armed

2 forces or a Federal civilian employee who has been

3 a junior in a secondary school in a program under

4 this section may be enrolled as a senior in that pro5 gram in the next school year, notwithstanding a

6 change in the enrollment eligibility status of the de7 pendent that, except for this paragraph, would oth8 erwise terminate the eligibility of the dependents to

9 be enrolled in the program.’’.

10 SEC. 1016. AMENDMENT OF PROVISION FOR SCHOOL

11 BOARDS IN DEPARTMENT OF DEFENSE DO12 MESTIC DEPENDENT ELEMENTARY AND SEC13 ONDARY SCHOOLS.

14 Section 2164(d)(1) of title 10, United States Code,

15 is amended to read as follows:

16 ‘‘(1) The Secretary of Defense shall provide for

17 the establishment of a school board for Department

18 of Defense Domestic Dependent Elementary and

19 Secondary Schools at each military installation

20 under this section, except that one school board shall

21 be authorized for all Department of Defense Domes22 tic Dependent Elementary and Secondary Schools lo23 cated in each territory, commonwealth, or possession

24 of the United States.’’.
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1 SEC. 1017. AMENDMENT OF ELIGIBILITY CRITERIA FOR DE2 PENDENTS OF MEMBERS OF THE ARMED

3 FORCES OR OF FEDERAL EMPLOYEES TO AT4 TEND DEPARTMENT OF DEFENSE DOMESTIC

5 DEPENDENT ELEMENTARY AND SECONDARY

6 SCHOOLS.

7 Section 2164(c)(3) of title 10, United States Code,

8 is amended to read as follows:

9 ‘‘(3) The Secretary of Defense may authorize a

10 dependent of a member of the armed forces or the

11 dependent of a Federal employee, to continue enroll12 ment in a program under this subsection for so long

13 as the Secretary of Defense deems appropriate not14 withstanding a change in the status of the member

15 of the armed forces or of the Federal employee that,

16 except for this paragraph, would otherwise terminate

17 the eligibility of the dependent to be enrolled in the

18 program. The Secretary shall exercise this authority

19 only for a showing of good cause as determined by

20 the Secretary or his representative for this purpose.

21 The Secretary of Defense may remove the dependent

22 from the program at any time for cause.’’.
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1 Subtitle D—Other Matters

2 SEC. 1020. INSTALLMENT CONTRACTS FOR PURCHASE OF

3 PROPERTY.

4 Section 301 of the Soldiers’ and Sailors’ Civil Relief

5 Act of 1940 (50 U.S.C. App. 531) is amended—

6 (1) by inserting at the beginning of the current

7 matter the designator (a); and

8 (2) by adding at the end the following new sub9 section (b):

10 ‘‘(b) A member of the armed forces of the United

11 States on active duty, who buys or leases a motor vehicle

12 by means of a contract with a seller, lessee, or creditor,

13 may remove the motor vehicle from the State in which it

14 is located, if the member is reassigned to a different State

15 or country by competent Government orders, provided

16 that: (1) the member has not missed more than three peri17 odic payments during the term of the contract and other18 wise is not in default of the contract at the time of reas19 signment; and (2) the member furnishes the seller, lessee,

20 or creditor with a copy of the Government orders and the

21 member’s forwarding address.’’.

22 SEC. 1021. NATIONAL GUARD CHALLENGE PROGRAM.

23 Section 509(b) of title 32, United States Code, is

24 amended by striking ‘‘, except that Federal expenditures
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1 under the program may not exceed $50,000,000 for any

2 fiscal year’’.

3 SEC. 1022. TELECOMMUNICATION EQUIPMENT INSTALLA4 TION FOR MILITARY SERVICES VOLUNTEER

5 PROGRAMS; DISCRETIONARY AUTHORITY TO

6 INSTALL EQUIPMENT.

7 Section 1588 of title 10, United States Code, is

8 amended by adding at the end the following new sub9 section (f):

10 ‘‘(f) DISCRETIONARY AUTHORITY TO INSTALL

11 EQUIPMENT.—Notwithstanding the provisions of section

12 1348 of title 31, a Secretary concerned may use appro13 priated or non-appropriated funds of the Department of

14 Defense or, with respect to the Coast Guard, the Depart15 ment in which the Coast Guard is operating to install tele16 phone lines and any necessary telecommunication equip17 ment in the private residences of designated Service volun18 teers and pay for usage charges for such equipment. The

19 Secretary of Defense or, with respect to the Coast Guard,

20 the Secretary of the Department in which the Coast Guard

21 is operating shall prescribe regulations to carry out this

22 subsection.’’.
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1 SEC. 1023. EXTENSION OF CERTAIN BENEFITS TO DOD EM2 PLOYEES WHO DEPLOY OUTSIDE THE

3 UNITED STATES IN SUPPORT OF ARMED

4 FORCES DURING HOSTILITIES.

5 (a) Chapter 81 of title 10, United States Code, is

6 amended—

7 (1) by adding at the end the following new sec8 tion:

9 § 1600. Department of Defense emergency essential

10 employees

11 ‘‘A Department of Defense emergency essential em12 ployee is a civilian employee of the Department of De13 fense, including a nonappropriated fund employee, as de14 fined by section 1587(a)(1) of this title, whose assigned

15 duties and responsibilities would be necessary during a pe16 riod that follows the evacuation of non-essential personnel

17 (including dependents) during a declared emergency or the

18 outbreak of combat operations or war. The incumbent of

19 such a position may be hired on a temporary or permanent

20 basis. The position occupied cannot be converted to a mili21 tary billet because it requires uninterrupted performance

22 to provide immediate and continuing support for combat

23 operations and/or support maintenance and repair of com24 bat-essential systems outside the boundaries of the Unites

25 States.’’;

26 and
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1 (2) in the table of sections at the beginning of

2 chapter 81 by adding the following at the end of

3 the table:

‘‘1600. Department of Defense Emergency Essential Employees.’’.

4 (b) ESTATE TAX OF DECEASED EMERGENCY ESSEN5 TIAL EMPLOYEES.—Section 2201 of the Internal Revenue

6 Code of 1986 (section 2201 of title 26, United States

7 Code) is amended by inserting ‘‘, or while serving as a

8 Department of Defense emergency essential employee (as

9 that term is defined in section 1600 of title 10, United

10 States Code),’’ after ‘‘a member of the Armed Forces of

11 the United States’’.

12 (c) LEAVE RESTORATION OF EMERGENCY ESSEN13 TIAL EMPLOYEES.—Section 6304 of title 5, United States

14 Code, is amended in subsection (d) by inserting a new sub15 paragraph (4):

16 ‘‘(4) For the purpose of this subsection, the de17 ployment of a Department of Defense employee who

18 has been designated to be emergency essential under

19 the provision of section 1600 of title 10 to a combat

20 zone outside the United States, shall be deemed to

21 create an exigency of the public business and any

22 leave that is lost by an employee of such installation

23 by operation of this section (regardless of whether

24 such leave was scheduled) shall be restored to the
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1 employee and shall be credited and available in ac2 cordance with paragraph (2).’’.

3 SEC. 1024. CHEMICAL STOCKPILE EMERGENCY PREPARED4 NESS PROGRAM.

5 (a) Section 1412(c) of the Department of Defense

6 Authorization Act, 1986 (Public Law 99–145) (50 U.S.C.

7 1521), is amended by adding at the end the following:

8 ‘‘(4)(A) The Director of the Federal Emergency

9 Management Agency shall administer a program to pro10 vide off-post emergency preparedness required to protect

11 the public around installations where lethal chemical

12 agents and munitions are stored in the continental United

13 States from risks that may be identified by the Secretary.

14 ‘‘(B) The Director shall assist States to respond to

15 credible emergencies associated with the storage and de16 struction of the lethal chemical agents and munitions iden17 tified in paragraph (a)(4)(A).

18 ‘‘(C) The Director may make grants to State and

19 local governments for the purposes of this subsection.

20 ‘‘(D) The Director may establish an incentive pro21 gram to encourage State and local governments to achieve

22 early, efficient, and cost-effective attainment of the level

23 of emergency preparedness required under this subsection.

24 Under the program, the Director may permit any State

25 or a State’s subgrantee to retain a portion of a grant made
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1 under paragraph (C) that represents cost savings realized

2 by the State or subgrantee because of early completion

3 of program objectives. Amounts retained by any State or

4 subgrantee shall not exceed $100,000 in any fiscal year

5 and shall be available for any emergency management pur6 pose determined by the State or subgrantee.

7 ‘‘(E) The Director shall report annually to Congress

8 on the activities carried out under this subsection.’’.

9 (b) Section 1412(f) (50 U.S.C. 1521(f)) of such Act

10 is amended—

11 (1) by striking ‘‘IDENTIFICATION OF FUNDS.—

12 Funds’’ and inserting in lieu thereof ‘‘IDENTIFICA13 TION OF FUNDS.—(1) Funds’’;

14 (2) by inserting ‘‘(other than funds for carrying

15 out the program established in subsection (c)(4))’’

16 after ‘‘Funds for carrying out this section’’; and

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

18 ‘‘(2) The funds for carrying out the program

19 established in subsection (c)(4) shall be set out in a

20 separate defense-related activities program account

21 for the Federal Emergency Management Agency for

22 any fiscal year under the national defense function

23 (function 050) of the Budget of the United States.’’.
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1 TITLE XI—DEFENSE BASE CLO2 SURE AND REALIGNMENT

3 ACT OF 1999

4 SEC. 1101. SHORT TITLE AND PURPOSE.

5 (a) SHORT TITLE.—This title may be cited as the

6 ‘‘Defense Base Closure and Realignment Act of 1999’’.

7 (b) PURPOSE.—The purpose of this title is to provide

8 a fair process that will result in the timely closure and

9 realignment of military installations inside the United

10 States.

11 SEC. 1102. THE COMMISSION.

12 (a) ESTABLISHMENT.—There is established an inde13 pendent commission to be known as the ‘‘Defense Base

14 Closure and Realignment Commission’’.

15 (b) DUTIES.—The Commission shall carry out the

16 duties specified for it in the part.

17 (c) APPOINTMENT.—(1)(A) The Commission shall be

18 composed of eight members appointed by the President,

19 by and with the advise and consent of the Senate.

20 (B) The President shall transmit to the Senate the

21 nominations for appointment to the Commission—

22 (i) by no later than March 15, 2001, in the case

23 of members of the Commission whose terms will ex24 pire at the end of the first session of the 107th Con25 gress; and
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1 (ii) by no later than March 15, 2005, in the

2 case of members of the Commission whose terms will

3 expire at the end of the first session of the 109th

4 Congress;

5 (C) If the President does not transmit to Congress

6 the nominations for appointment to the Commission on

7 or before the date specified for 2005 in clause (ii) of sub8 paragraph (B), the process by which military installations

9 may be selected for closure or realignment under this part

10 with respect to that year shall be terminated.

11 (2) In selecting individuals for nominations for ap12 pointments to the Commission, the President should con13 sult with—

14 (A) the Speaker of the House of Representa15 tives concerning the appointment of two members;

16 (B) the majority leader of the Senate con17 cerning the appointment of two members;

18 (C) the minority leader of the House of Rep19 resentatives concerning the appointment of one

20 member; and

21 (D) the minority leader of the Senate con22 cerning the appointment of one member.

23 (3) At the time the President nominates individuals

24 for appointment to the Commission for each session of

25 Congress referred to in paragraph (1)(B), the President
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1 shall designate one such individual who shall serve as

2 Chairman of the Commission.

3 (d) TERMS.—(1) Except as provided in paragraph

4 (2), each member of the Commission shall serve until the

5 adjournment of Congress sine die for the session during

6 which the member was appointed to the Commission.

7 (2) The Chairman of the Commission shall serve until

8 the confirmation of a successor.

9 (e) MEETINGS.—(1) The Commission shall meet only

10 during calendar years 2001 and 2005.

11 (2)(A) Each meeting of the Commission, other than

12 meetings in which classified information is to be discussed,

13 shall be open to the public. The Commission shall provide

14 an opportunity for the public to comment, and shall con15 sider any such comments.

16 (B) All the proceedings, information, and delibera17 tions of the Commission shall be open, upon request, to

18 the following:

19 (i) The Chairman and the ranking minority

20 party member of the Subcommittee on Readiness,

21 Sustainability, and Support of the Committee on

22 Armed Services of the Senate, or such other mem23 bers of the Subcommittee designated by such Chair24 man or ranking minority party member.
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1 (ii) The Chairman and the ranking minority

2 party member of the Subcommittee on Military In3 stallations and Facilities of the Committee on Na4 tional Security of the House of Representatives, or

5 such other members of the Subcommittee designated

6 by such Chairman or ranking minority party mem7 ber.

8 (iii) The Chairmen and ranking minority party

9 members of the Subcommittees on Military Con10 struction of the Committees on Appropriations of

11 the Senate and of the House of Representatives, or

12 such other members of the Subcommittees des13 ignated by such Chairmen or ranking minority party

14 members.

15 (f) VACANCIES.—A vacancy in the Commission shall

16 be filled in the same manner as the original appointment,

17 but the individual appointed to fill the vacancy shall serve

18 only for the unexpired portion of the term for which the

19 individual’s predecessor was appointed.

20 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each

21 member, other than the Chairman, shall be paid at a rate

22 equal to the daily equivalent of the minimum annual rate

23 of basic pay payable for level IV of the Executive Schedule

24 under section 5315 of title 5, United States Code, for each

25 day (including travel time) during which the member is
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1 engaged in the actual performance of duties vested in the

2 Commission.

3 (B) The Chairman shall be paid for each day referred

4 to in subparagraph (A) at a rate equal to the daily equiva5 lent of the minimum annual rate of basic pay payable for

6 level III of the Executive Schedule under section 5314,

7 of title 5, United States Code.

8 (2) Members shall receive travel expenses, including

9 per diem in lieu of subsistence, in accordance with sections

10 5702 and 5703 of title 5, United States Code.

11 (h) DIRECTOR OF STAFF.—(1) The Commission

12 shall, without regard to section 5311(b) of title 5, United

13 States Code, appoint a Director who has not served on

14 active duty in the Armed Forces or as a civilian employee

15 of the Department of Defense during the one-year period

16 preceding the date of such appointment.

17 (2) The Director shall be paid at the rate of basic

18 pay payable for level IV of the Executive Schedule under

19 section 5315 of title 5, United States Code.

20 (i) STAFF.—(1) Subject to paragraphs (2) and (3),

21 the Director, with the approval of the Commission, may

22 appoint and fix the pay of additional personnel.

23 (2) The Director may make such appointments with24 out regard to the provisions of title 5, United States Code,

25 governing appointments in the competitive service, and
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1 any personnel so appointed may be paid without regard

2 to the provisions of chapter 51 and subchapter III of chap3 ter 53 of that title relating to classification and General

4 Schedule pay rates, except that an individual so appointed

5 may not receive pay in excess of the annual rate of basic

6 pay payable for senior-level positions of the civil service

7 as described in section 5376 of title 5, United States Code.

8 (3)(A) Not more than one-third of the personnel em9 ployed by or detailed to the Commission may be on detail

10 from the Department of Defense.

11 (B)(i) Not more than one-fifth of the professional an12 alysts of the Commission staff may be persons detailed

13 from the Department of Defense to the Commission.

14 (ii) No person detailed from the Department of De15 fense to the Commission may be assigned as the lead pro16 fessional analyst with respect to a military department or

17 defense agency.

18 (C) A person may not be detailed from the Depart19 ment of Defense to the Commission if, within 12 months

20 before the detail is to begin, that person participated per21 sonally and substantially in any manner within the De22 partment of Defense concerning the preparation of rec23 ommendations for closures or realignments of military in24 stallations.
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1 (D) No member of the Armed Forces, and no officer

2 or employee of the Department of Defense, may—

3 (i) prepare any report concerning the effective4 ness, fitness, or efficiency of the performance on the

5 staff of the Commission of any person detailed from

6 the Department of Defense to that staff;

7 (ii) review the preparation of such report; or

8 (iii) approve or disapprove such a report.

9 (4) Upon request of the Director, the head of any

10 Federal department or agency may detail any of the per11 sonnel of that department or agency to the Commission

12 to assist the Commission in carrying out its duties under

13 this part.

14 (5) The Comptroller General of the United States

15 shall provide assistance, including the detailing of employ16 ees, to the Commission in accordance with an agreement

17 entered into with the Commission.

18 (6) The following restrictions relating to the per19 sonnel of the Commission shall apply during 2002 through

20 2004:

21 (A) There may not be more than 15 persons on

22 the staff at any one time.

23 (B) The staff may perform only such functions

24 as are necessary to prepare for the transition to new
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1 membership on the Commission in the following

2 year.

3 (C) No member of the Armed Forces and no

4 employee of the Department of Defense may serve

5 on the staff.

6 (j) OTHER AUTHORITY.—(1) The Commission may

7 procure by contract, to the extent funds are available, the

8 temporary or intermittent services of experts or consult9 ants pursuant to section 3109 of title 5, United States

10 Code.

11 (2) The Commission may lease space and acquire per12 sonal property to the extent funds are available.

13 (k) FUNDING.—(1) There are authorized to be appro14 priated to the Commission such funds as are necessary

15 to carry out its duties under this part. Such funds shall

16 remain available until expended.

17 (2) If no funds are appropriated to the Commission

18 by the 106th Congress, the Secretary of Defense may

19 transfer to the Commission funds from the Department

20 of Defense Base Closure Account established by section

21 2906 of Public Law 101–510. Such funds shall remain

22 available until expended.

23 (l) TERMINATION.—The Commission shall terminate

24 on December 31, 2005.
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1 (m) PROHIBITION AGAINST RESTRICTING COMMU2 NICATIONS.—Section 1034 of title 10, United States

3 Code, shall apply with respect to communications with the

4 Commission.

5 SEC. 1103. PROCEDURE FOR MAKING RECOMMENDATIONS

6 FOR BASE CLOSURES AND REALIGNMENTS.

7 (a) FORCE-STRUCTURE PLAN.—(1) As part of the

8 budget justification documents submitted to Congress in

9 support of the budget for the Department of Defense for

10 each of the fiscal years 2002 and 2006, the Secretary shall

11 include a force-structure plan for the Armed Forces based

12 on an assessment by the Secretary of the probable threats

13 to the national security during the six-year period begin14 ning with the fiscal year for which the budget request is

15 made and of the anticipated levels of funding that will be

16 available for national defense purposes during such period.

17 (2) Such plan shall include, without any reference (di18 rectly or indirectly) to military installations inside the

19 United States that may be closed or realigned under such

20 plan—

21 (A) a description of the assessment referred to

22 in paragraph (1);

23 (B) a description (i) of the anticipated force

24 structure during and at the end of such period for

25 each military department (with specifications of the
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1 number and type of units in the active and reserve

2 forces of each such department), and (ii) of the

3 units that will need to be forward based (with a jus4 tification thereof) during and at the end of each

5 such period; and

6 (C) a description of the anticipated implementa7 tion of such force-structure plan.

8 (3) The Secretary shall also transmit a copy of each

9 such force-structure plan to the Commission.

10 (b) SELECTION CRITERIA.—The Secretary shall, by

11 no later than February 29, 2000, publish in the Federal

12 Register and transmit to the congressional defense com13 mittees the criteria proposed to be used by the Depart14 ment of Defense in making recommendations for the clo15 sure or realignment of military installations inside the

16 United States under this part. The Secretary shall provide

17 an opportunity for public comment on the proposed cri18 teria for a period of at least 30 days and shall include

19 notice of that opportunity in the publication required

20 under the preceding sentence.

21 (2)(A) The Secretary shall, by no later than April 14,

22 2000, publish in the Federal Register and transmit to the

23 congressional defense committees the final criteria to be

24 used in making recommendations for the closure or re25 alignment of military installations inside the United States
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1 under this part. Except as provided in subparagraph (B),

2 such criteria shall be the final criteria to be used, making

3 such recommendations unless disapproved by a joint reso4 lution of Congress enacted on or before May 31, 2000.

5 (B) The Secretary may amend such criteria, but such

6 amendments may not become effective until they have

7 been published in the Federal Register, opened to public

8 comment for at least 30 days, and then transmitted to

9 the congressional defense committees in final form by no

10 later than January 15 of the year concerned. Such amend11 ed criteria shall be the final criteria to be used, along with

12 the force-structure plan referred to in subsection (a), in

13 making such recommendations unless disapproved by a

14 joint resolution of Congress enacted on or before February

15 15 of the year concerned.

16 (c) SECRETARY OF DEFENSE RECOMMENDATIONS.—

17 (1) The Secretary may, by no later than May 15, 2001,

18 and May 16, 2005, publish in the Federal Register and

19 transmit to the congressional defense committees and to

20 the Commission a list of the military installations inside

21 the United States that the Secretary recommends for clo22 sure or realignment on the basis of the force-structure

23 plan and the final criteria referred to in subsection (b)

24 that are applicable to the year concerned.
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1 (2) The Secretary shall include, with the list of rec2 ommendations published and transmitted pursuant to

3 paragraph (1), a summary of the selection process that

4 resulted in the recommendation for each installation, in5 cluding a justification for each recommendation and an

6 evaluation discussing each of the final selection criteria es7 tablished pursuant to section 1103(b). The Secretary shall

8 transmit the matters referred to in the preceding sentence

9 not later than 7 days after the date of the transmittal

10 to the congressional defense committees and the Commis11 sion of the list referred to in paragraph (1).

12 (3)(A) In considering military installations for clo13 sure or realignment, the Secretary shall consider all mili14 tary installations inside the United States equally without

15 regard to whether the installation has been previously con16 sidered or proposed for closure or realignment by the

17 Department.

18 (B) In considering military installations for closure

19 or realignment, the Secretary may not take into account

20 for any purpose any advance conversion planning under21 taken by an affected community with respect to the antici22 pated closure or realignment of an installation.

23 (C) For purposes of subparagraph (B), in the case

24 of a community anticipating the economic effects of a clo-
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1 sure or realignment of a military installation, advance con2 version planning—

3 (i) shall include community adjustment and eco4 nomic diversification planning undertaken by the

5 community before an anticipated selection of a mili6 tary installation in or near the community for clo7 sure or realignment; and

8 (ii) may include the development of contingency

9 redevelopment plans, plans for economic develop10 ment and diversification, and plans for the joint use

11 (including civilian and military use, public and pri12 vate use, civilian dual use, and civilian shared use)

13 of the property or facilities of the installation after

14 the anticipated closure or realignment.

15 (4) In addition to making all information used by the

16 Secretary to prepare the recommendations under this sub17 section available to Congress (including any committee or

18 member of Congress), the Secretary shall also make such

19 information available to the Commission and the Comp20 troller General of the United States.

21 (5)(A) Each person referred to in subparagraph (B),

22 when submitting information to the Secretary of Defense

23 or the Commission concerning the closure or realignment

24 of a military installation, shall certify that such informa-
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1 tion is accurate and complete to the best of that person’s

2 knowledge and belief.

3 (B) Subparagraph (A) applies to the following per4 sons:

5 (i) The Secretaries of the military departments.

6 (ii) The heads of the Defense Agencies.

7 (iii) Each person who is in a position the duties

8 of which include personal and substantial involve9 ment in the preparation and submission of informa10 tion and recommendations concerning the closure or

11 realignment of military installations, as designated

12 in regulations which the Secretary of Defense shall

13 prescribe, regulations which the Secretary of each

14 military department shall prescribe for personnel

15 within that military department, or regulations

16 which the head of each Defense Agency shall pre17 scribe for personnel within that Defense Agency.

18 (6) Any information provided to the Commission by

19 a person described in paragraph (5)(B) shall also be sub20 mitted to the Senate and the House of Representatives

21 to be made available to the Members of the House con22 cerned in accordance with the rules of that House. The

23 information shall be submitted to the Senate and House

24 of Representatives within 48 hours after the submission

25 of the information to the Commission.
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1 (d) REVIEW AND RECOMMENDATIONS BY THE COM2 MISSION.—(1) After receiving the recommendations from

3 the Secretary pursuant to subsection (c) for any year, the

4 Commission shall conduct public hearings on the rec5 ommendations. All testimony before the Commission at a

6 public hearing conducted under this paragraph shall be

7 presented under oath.

8 (2)(A) The Commission shall, by no later than Sep9 tember 6 of each year in which the Secretary transmits

10 recommendations to it pursuant to subsection (c), trans11 mit to the President a report containing the Commission’s

12 findings and conclusions based on a review and analysis

13 of the recommendations made by the Secretary, together

14 with the Commission’s recommendations for closures and

15 realignments of military installations inside the United

16 States.

17 (B) Subject to subparagraph (C), in making its rec18 ommendations, the Commission may make changes in any

19 of the recommendations made by the Secretary if the

20 Commission determines that the Secretary deviated sub21 stantially from the force-structure plan and final criteria

22 referred to in subsection (c)(1) in making recommenda23 tions.

24 (C) In the case of a change described in subpara25 graph (D) in the recommendations made by the Secretary,
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1 the Commission may make the change only if the

2 Commission—

3 (i) makes the determination required by sub4 paragraph (B);

5 (ii) determines that the change is consistent

6 with the force-structure plan and final criteria re7 ferred to in subsection (c)(1);

8 (iii) publishes a notice of the proposed change

9 in the Federal Resister not less than 45 days before

10 transmitting its recommendations to the President

11 pursuant to paragraph (2); and

12 (iv) conducts public hearings on the proposed

13 change.

14 (D) Subparagraph (C) shall apply to a change by the

15 Commission in the Secretary’s recommendations that

16 would—

17 (i) add a military installation to the list of mili18 tary installations recommended by the Secretary for

19 closure;

20 (ii) add a military installation to the list of mili21 tary installations recommended by the Secretary for

22 realignment; or

23 (iii) increase the extent of a realignment of a

24 particular military installation recommended by the

25 Secretary.
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1 (E) In making recommendations under this para2 graph, the Commission may not take into account for any

3 purpose any advance conversion planning undertaken by

4 an affected community with respect to the anticipated clo5 sure or realignment of a military installation.

6 (3) The Commission shall explain and justify in its

7 report submitted to the President pursuant to paragraph

8 (2) any recommendation made by the Commission that is

9 different from the recommendations made by the Sec10 retary pursuant to subsection (c). The Commission shall

11 transmit a copy of such report to the congressional defense

12 committees on the same date on which it transmits its rec13 ommendations to the President under paragraph (2).

14 (4) After September 6 of each year in which the Com15 mission transmits recommendations to the President

16 under this subsection: the Commission shall promptly pro17 vide, upon request, to any Member of Congress informa18 tion used by the Commission in making its recommenda19 tions.

20 (5) The Comptroller General of the United States

21 shall—

22 (A) assist the Commission, to the extent re23 quested, in the Commission’s review and analysis of

24 the recommendations made by the Secretary pursu25 ant to subsection (C); and
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1 (B) by no later than June 15 of each year in

2 which the Secretary makes such recommendations,

3 transmit to the Congress and to the Commission a

4 report containing a detailed analysis of the Sec5 retary’s recommendations and selection process.

6 (e) REVIEW BY THE PRESIDENT.—(1) The President

7 shall, by no later than September 21 of each year in which

8 the Commission makes recommendations under subsection

9 (d), transmit to the Commission and to the Congress a

10 report containing the President’s approval or disapproval

11 of the Commission’s recommendations.

12 (2) If the President approves all the recommenda13 tions of the Commission, the President shall transmit a

14 copy of such recommendations to the Congress, together

15 with a certification of such approval.

16 (3) If the President disapproves the recommendations

17 of the Commission, in whole or in part, the President shall

18 transmit to the Commission and the Congress the reasons

19 for that disapproval. The Commission shall then transmit

20 to the President, by no later than October 24 of the year

21 concerned, a revised list of recommendations for the clo22 sure and realignment of military installations.

23 (4) If the President approves all of the revised rec24 ommendations of the Commission transmitted to the

25 President under paragraph (3), the President shall trans-
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1 mit a copy of such revised recommendations to the Con2 gress, together with a certification of such approval.

3 (5) If the President does not transmit to the Con4 gress an approval and certification described in paragraph

5 (2) or (4) by November 7 of any year in which the Com6 mission has transmitted recommendations to the Presi7 dent under this part, the process by which military instal8 lations may be selected for closure or realignment under

9 this part with respect to that year shall be terminated.

10 SEC. 1104. CLOSURE AND REALIGNMENT OF MILITARY IN11 STALLATIONS.

12 (a) IN GENERAL.—Subject to subsection (b), the Sec13 retary shall—

14 (1) close all military installations recommended

15 for closure by the Commission in each report trans16 mitted to the congress by the President pursuant to

17 section 1103(e);

18 (2) realign all military installations rec19 ommended for realignment by such Commission in

20 each such report;

21 (3) initiate all such closures and realignments

22 no later than two years after the date on which the

23 President transmits a report to the Congress pursu24 ant to section 1103(e) containing the recommenda25 tions for such closures or realignments; and
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1 (4) complete all such closures and realignments

2 no later than the end of the six-year period begin3 ning on the date on which the President transmits

4 the report pursuant to section 1103(e) containing

5 the recommendations for such closures or realign6 ments.

7 (b) CONGRESSIONAL DISAPPROVAL.—(1) The Sec8 retary may not carry out any closure or realignment rec9 ommended by the Commission in a report transmitted

10 from the President pursuant to section 1103(e) if a joint

11 resolution is enacted, in accordance with the provisions of

12 section 1108, disapproving such recommendations of the

13 Commission before the earlier of—

14 (A) the end of the 45-day period beginning on

15 the date on which the President transmits such re16 port; or

17 (B) the adjournment of Congress sine die for

18 the session during which such report is transmitted.

19 (2) For purposes of paragraph (1) of this subsection

20 and subsections (a) and (c) of section 1108, the days on

21 which either House of Congress is not in session because

22 of adjournment of more than three days to a day certain

23 shall be excluded in the computation of a period.
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1 SEC. 1105. IMPLEMENTATION.

2 (a) IN GENERAL.—(1) In closing or realigning any

3 military installation under this part, the Secretary may—

4 (A) take such actions as may be necessary to

5 close or realign any military installation, including

6 the acquisition of such land, the construction of such

7 replacement facilities, the performance of such ac8 tivities, and the conduct of such advance planning

9 and design as may be required to transfer functions

10 from a military installation being closed or realigned

11 to another military installation, and may use for

12 such purpose funds in the Account or funds appro13 priated to the Department of Defense for use in

14 planning and design, minor construction, or oper15 ation and maintenance;

16 (B) provide—

17 (i) economic adjustment assistance to any

18 community located near a military installation

19 being closed or realigned, and

20 (ii) community planning assistance to any

21 community located near a military installation

22 to which functions will be transferred as a re23 sult of the closure or realignment of a military

24 installation,

25 if the Secretary of Defense determines that the fi26 nancial resources available to the community (by
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1 grant or otherwise) for such purposes are inad2 equate, and may use for such purposes funds in the

3 Account or funds appropriated to the Department of

4 Defense for economic adjustment assistance or com5 munity planning assistance;

6 (C) carry out activities for the purposes of envi7 ronmental restoration and mitigation at any such in8 stallation, and shall use for such purposes funds in

9 the Account;

10 (D) provide outplacement assistance to civilian

11 employees employed by the Department of Defense

12 at military installations being closed or realigned,

13 and may use for such purpose funds in the Account

14 or funds appropriated to the Department of Defense

15 for outplacement assistance to employees; and

16 (E) reimburse other Federal agencies for ac17 tions performed at the request of the Secretary with

18 respect to any such closure or realignment, and may

19 use for such purpose funds in the Account or funds

20 appropriated to the Department of Defense and

21 available for such purpose.

22 (2) In carrying out any closure or realignment under

23 this part, the Secretary shall ensure that environmental

24 restoration of any property made excess to the needs of

25 the Department of Defense as a result of such closure or
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1 realignment be carried out as soon as possible with funds

2 available for such purpose.

3 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

4 (1) The Administrator of General Services shall delegate

5 to the Secretary of Defense, with respect to excess and

6 surplus real property, facilities, and personal property lo7 cated at a military installation closed or realigned under

8 this part—

9 (A) the authority of the Administrator to utilize

10 excess property under section 202 of the Federal

11 Property and Administrative Services Act of 1949

12 (40 U.S.C. 483);

13 (B) the authority of the Administrator to dis14 pose of surplus property under section 203 of that

15 Act (40 U.S.C. 484);

16 (C) the authority to dispose of surplus property

17 for public airports under sections 47151 through

18 47153 of title 49, United States Code; and

19 (D) the authority of the Administrator to deter20 mine the availability of excess or surplus real prop21 erty for wildlife conservation purposes in accordance

22 with the Act of May 19, 1948 (16 U.S.C. 667b).

23 (2)(A) Subject to subparagraph (B) and paragraphs

24 (3), (4), (5), and (6), the Secretary of Defense shall exer-
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1 cise the authority delegated to the Secretary pursuant to

2 paragraph (1) in accordance with—

3 (i) all regulations governing the utilization of

4 excess property and the disposal of surplus property

5 under the Federal Property and Administrative

6 Services Act of 1949; and

7 (ii) all regulations governing the conveyance

8 and disposal of property under section 13(g) of the

9 Surplus Property Act of 1944 (50 U.S.C. App.

10 1622(g)).

11 (B) The Secretary may, with the concurrence of the

12 Administrator of General Services—

13 (i) prescribe general policies and methods for

14 utilizing excess property and disposing of surplus

15 property pursuant to the authority delegated under

16 paragraph (1); and

17 (ii) issue regulations relating to such policies

18 and methods, which shall supersede the regulations

19 referred to in subparagraph (A) with respect to that

20 authority.

21 (C) The Secretary of Defense may transfer real prop22 erty or facilities located at a military installation to be

23 closed or realigned under this part, with or without reim24 bursement, to a military department or other entity (in-
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1 cluding a nonappropriated fund instrumentality) within

2 the Department of Defense or the Coast Guard.

3 (D) Before any action may be taken with respect to

4 the disposal of any surplus real property or facility located

5 at any military installation to be closed or realigned under

6 this part, the Secretary of Defense shall consult with the

7 Governor of the State and the heads of the local govern8 ments concerned for the purpose of considering any plan

9 for the use of such property by the local community con10 cerned.

11 (3)(A) Not later than 6 months after the date of ap12 proval of the closure or realignment of a military installa13 tion under this part, the Secretary, in consultation with

14 the redevelopment authority with respect to the installa15 tion, shall—

16 (i) inventory personal property located at the

17 installation; and

18 (ii) identify the items (or categories of items) of

19 such personal property that the Secretary deter20 mines to be related to real property and anticipates

21 will support the implementation of the redevelop22 ment plan with respect to the installation.

23 (B) If no redevelopment authority referred to in sub24 paragraph (A) exists with respect to an installation, the

25 Secretary shall consult with—
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1 (i) the local government in whose jurisdiction

2 the installation is wholly located; or

3 (ii) a local government agency or State govern4 ment agency designated for the purpose of such con5 sultation by the chief executive officer of the State

6 in which the installation is located.

7 (C)(i) Except as provided in subparagraphs (E) and

8 (F), the Secretary may not carry out any of the activities

9 referred to in clause (ii) with respect to an installation

10 referred to in that clause until the earlier of—

11 (I) one week after the date on which the rede12 velopment plan for the installation is submitted to

13 the Secretary;

14 (II) the date on which the redevelopment au15 thority notifies the Secretary that it will not submit

16 such a plan;

17 (III) twenty-four months after the date of ap18 proval of the closure realignment of the installation;

19 or

20 (IV) ninety days before the date of the closure

21 or realignment of the installation.

22 (ii) The activities referred to in clause (i) are activi23 ties relating to the closure or realignment of an installa24 tion to be closed or realigned under this part as follows:
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1 (I) The transfer from the installation of items

2 of personal property at the installation identified in

3 accordance with subparagraph (A).

4 (II) The reduction in maintenance and repair of

5 facilities or equipment located at the installation

6 below the minimum levels required to support the

7 use of such facilities or equipment for nonmilitary

8 purposes.

9 (D) Except as provided in paragraph (4), the Sec10 retary may not transfer items of personal property located

11 at an installation to be closed or realigned under this part

12 to another installation, or dispose of such items. If such

13 items are identified in the redevelopment plan for the in14 stallation as items essential to the reuse or redevelopment

15 of the installation. In connection with the development of

16 the redevelopment plan for the installation, the Secretary

17 shall consult with the entity responsible for developing the

18 redevelopment plan to identify the items of personal prop19 erty located at the installation, if any, that the entity de20 sires to be retained at the installation for reuse or redevel21 opment of the installation.

22 (E) This paragraph shall not apply to any personal

23 property located at an installation to be closed or realigned

24 under this part if the property—
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1 (i) is required for the operation of a unit, func2 tion, component, weapon, or weapons system at an3 other installation;

4 (ii) is uniquely military in character, and is

5 likely to have no civilian use (other than use for its

6 material content or as a source of commonly used

7 components);

8 (iii) is not required for the reutilization or rede9 velopment of the installation (as jointly determined

10 by the Secretary and the redevelopment authority);

11 (iv) is stored at the installation for purposes of

12 distribution (including spare parts or stock items);

13 or

14 (v)(I) meets known requirements of an author15 ized program of another Federal department or

16 agency for which expenditures for similar property

17 would be necessary, and

18 (II) is the subject of a written request by the

19 head of the department or agency.

20 (F) Notwithstanding subparagraphs (C)(i) and (D),

21 the Secretary may carry out any activity referred to in

22 subparagraph (C)(ii) or (D) if the Secretary determines

23 that the carrying out of such activity is in the national

24 security interest of the United States.
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1 (4)(A) The Secretary may transfer real property and

2 personal property located at a military installation to be

3 closed or realigned under this part to the redevelopment

4 authority with respect to the installation.

5 (B)(i)(I) Except as provided in clause (ii), the trans6 fer of property under subparagraph (A) may be for consid7 eration at or below the estimated fair market value of the

8 property transferred or without consideration. Such con9 sideration may include consideration in kind (including

10 goods and services), real property and improvements, or

11 such other consideration as the Secretary considers appro12 priate. The Secretary shall determine the estimated fair

13 market value of the property to be transferred under this

14 subparagraph before carrying out such transfer.

15 (II) The Secretary shall prescribe regulations that set

16 forth guidelines for determining the amount, if any, of

17 consideration required for a transfer under this para18 graph. Such regulations shall include a requirement that,

19 in the case of each transfer under this paragraph for con20 sideration below the estimated fair market value of the

21 property transferred, the Secretary provide an explanation

22 why the transfer is not for the estimated fair market value

23 of the property transferred (including an explanation why

24 the transfer cannot be carried out in accordance with the
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1 authority provided to the Secretary pursuant to paragraph

2 (1) or (2)).

3 (ii) The transfer of property under subparagraph (A)

4 shall be without consideration in the case of any installa5 tion located in a rural area whose closure or realignment

6 under this part will have a substantial adverse impact (as

7 determined by the Secretary) on the economy of the com8 munities in the vicinity of the installation and on the pros9 pect for the economic recovery of such communities from

10 such closure or realignment. The Secretary shall prescribe

11 in the regulations under clause (i)(II) the manner of deter12 mining whether communities are eligible for the transfer

13 of property under this clause.

14 (iii) In the case of a transfer under subparagraph (A)

15 for consideration below the fair market value of the prop16 erty transferred, the Secretary may recoup from the trans17 feree of such property such portion as the Secretary deter18 mines appropriate of the amount, if any, by which the sale

19 or lease of such property by such transferee exceeds the

20 amount of consideration paid to the Secretary for such

21 property by such transferee. The Secretary shall prescribe

22 regulations for determining the amount of recoupment

23 under this clause.

24 (C)(i) The Secretary may transfer real property at

25 an installation approved for closure or realignment under
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1 this part (including property at an installation approved

2 for realignment which will be retained by the Department

3 of Defense or another Federal agency after realignment)

4 to the redevelopment authority for the installation if the

5 redevelopment authority agrees to lease, directly upon

6 transfer, one or more portions of the property transferred

7 under this subparagraph to the Secretary or to the head

8 of another department or agency of the Federal Govern9 ment. Subparagraph (B) shall apply to a transfer under

10 this subparagraph.

11 (ii) A lease under clause (i) shall be for a term of

12 not to exceed 50 years, but may provide for options for

13 renewal or extension of the term by the department or

14 agency concerned.

15 (iii) A lease under clause (i) may not require rental

16 payments by the United States.

17 (iv) A lease under clause (i) shall include a provision

18 specifying that if the department or agency concerned

19 ceases requiring the use of the leased property before the

20 expiration of the term of the lease, the remainder of the

21 lease term may be satisfied by the same or another depart22 ment or agency of the Federal Government using the prop23 erty for a use similar to the use under the lease. Exercise

24 of the authority provided by this clause shall be made in

25 consultation with the redevelopment authority concerned.
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1 (D)(i) The transfer of personal property under sub2 paragraph (A) shall not be subject to the provisions of

3 sections 202 and 203 of the Federal Property and Admin4 istrative Services Act of 1949 (40 U.S.C. 483, 484) if the

5 Secretary determines that the transfer of such property

6 is necessary for the effective implementation of a redevel7 opment plan with respect to the installation at which such

8 property is located.

9 (ii) The Secretary may, in lieu of the transfer of prop10 erty referred to in subparagraph (A), transfer property

11 similarly to such property (including property not located

12 at the installation) if the Secretary determines that the

13 transfer of such similar property is in the interest of the

14 United States.

15 (E) The provisions of section 120(h) of the Com16 prehensive Environmental Response, Compensation, and

17 Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to

18 any transfer of real property under this paragraph.

19 (F) The Secretary may require any additional terms

20 and conditions in connection with a transfer under this

21 paragraph as such Secretary considers appropriate to pro22 tect the interests of the United States.

23 (5)(A) Except as provided in subparagraph (B), the

24 Secretary shall take such actions as the Secretary deter25 mines necessary to ensure that final determinations under
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S 974 IS

1 paragraph (1) regarding whether another department or

2 agency of the Federal Government has identified a use for

3 any portion of a military installation to be closed or re4 aligned under this part, or will accept transfer of any por5 tion of such installation, are made not later than 6 months

6 after the date of approval of closure or realignment of that

7 installation.

8 (B) The Secretary may, in consultation with the rede9 velopment authority with respect to an installation, post10 pone making the final determinations referred to in sub11 paragraph (A) with respect to the installation for such pe12 riod as the Secretary determines appropriate if the Sec13 retary determines that such postponement is in the best

14 interests of the communities affected by the closure or re15 alignment of the installation.

16 (6)(A) The disposal of buildings and property located

17 at installations approved foreclosure or realignment under

18 this part shall be carried out in accordance with this para19 graph.

20 (B)(i) Not later than the date on which the Secretary

21 of Defense completes the final determinations referred to

22 in paragraph (5) relating to the use or transferability of

23 any portion of an installation covered by this paragraph,

24 the Secretary shall—
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1 (I) identify the buildings and property at the

2 installation for which the Department of Defense

3 has a use, for which another department or agency

4 of the Federal Government has identified a use, or

5 of which another department or agency will accept

6 a transfer;

7 (II) take such actions as are necessary to iden8 tify any building or property at the installation not

9 identified under subclause (I) that is excess property

10 or surplus property;

11 (III) submit to the Secretary of Housing and

12 Urban Development and to the redevelopment au13 thority for the installation (or the chief executive of14 ficer of the State in which the installation is located

15 if there is no redevelopment authority for the instal16 lation at the completion of the determination de17 scribed in the stem of this sentence) information on

18 any building or property that is identified under sub19 clause (II); and

20 (IV) publish in the Federal Register and in a

21 newspaper of general circulation in the communities

22 in the vicinity of the installation information on the

23 buildings and property identified under subclause

24 (II).
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1 (ii) Upon the recognition of a redevelopment author2 ity of an installation covered by this paragraph, the Sec3 retary of Defense shall publish in the Federal Register and

4 in a newspaper of general circulation in the communities

5 in the vicinity of the installation information on the rede6 velopment authority.

7 (C)(i) State and local governments, representatives of

8 the homeless, and other interested parties located in the

9 communities in the vicinity of an installation covered by

10 this paragraph shall submit to the redevelopment author11 ity for the installation a notice of the interest, if any, of

12 such governments, representatives, and parties in the

13 buildings or property, or any portion thereof, at the instal14 lation that are identified under subparagraph (B)(i)(II).

15 A notice of interest under this clause shall describe the

16 need of the government, representative, or party concerned

17 for the buildings or property covered by the notice.

18 (ii) The redevelopment authority for an installation

19 shall assist the government, representatives, and parties

20 referred to in clause (i) in evaluating buildings and prop21 erty at the installation for purposes of this subparagraph.

22 (iii) In providing assistance under clause (ii), a rede23 velopment authority shall—
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1 (I) consult with representatives of the homeless

2 in the communities in the vicinity of the installation

3 concerned; and

4 (II) undertake outreach efforts to provide infor5 mation on the buildings and property to representa6 tives of the homeless, and to other persons or enti7 ties interested in assisting the homeless in such com8 munities.

9 (iv) It is the sense of Congress that redevelopment

10 authorities should begin to conduct outreach efforts under

11 clause (iii)(II) with respect to an installation as soon as

12 is practicable after the date of approval of closure or re13 alignment of the installation.

14 (D)(ii) State and local government, representatives of

15 the homeless, and other interested parties shall submit a

16 notice of interest to a redevelopment authority under sub17 paragraph (C) not later than the date specified for such

18 notice by the redevelopment authority.

19 (ii) The date specified under clause (i) shall be—

20 (I) In the case of an installation for which a re21 development authority has been recognized as of the

22 date of the completion of the determinations referred

23 to in paragraph (5), not earlier than 3 months and

24 not later than 6 months after the date of publication

25 of such determination in a newspaper of general cir-
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1 culation in the communities in the vicinity of the in2 stallation, as required by section

3 1105(b)(6)(D)(iii)(I); and

4 (II) in the case of an installation for which a

5 redevelopment authority is not recognized as of such

6 date, not earlier than 3 months and not later than

7 6 months after the date of the recognition of a rede8 velopment authority for the installation.

9 (iii) Upon specifying a date for an installation under

10 this subparagraph, the redevelopment authority for the in11 stallation that—

12 (I) publish the date specified and other require13 ments for purposes of submitting notice of interest

14 in a newspaper of general circulation in the commu15 nities in the vicinity of the installation concerned;

16 and

17 (II) notify the Secretary of Defense of the date.

18 (E)(i) In submitting to a redevelopment authority

19 under subparagraph (C) a notice of interest in the use

20 of buildings or property at an installation to assist the

21 homeless, a representative of the homeless shall submit the

22 following:

23 (I) A description of the homeless assistance

24 program that the representative proposes to carry

25 out at the installation.
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1 (II) An assessment of the need for the program.

2 (III) A description of the extent to which the

3 program is or will be coordinated with other home4 less assistance programs in the communities in the

5 vicinity of the installation.

6 (IV) A description of the buildings and property

7 at the installation that are necessary in order to

8 carry out the program.

9 (V) A description of the financial plan, the or10 ganization and the organizational capacity of the

11 representative to carry out the program.

12 (VI) A assessment of the time required in order

13 to commence carrying out the program.

14 (ii) A redevelopment authority may not release to the

15 public any information submitted to the redevelopment au16 thority under clause (i)(V) without the consent of the rep17 resentative of the homeless concerned unless such release

18 is authorized under Federal law under the law of the State

19 and communities in which the installation concerned is lo20 cated.

21 (F)(i) The redevelopment authority for each installa22 tion covered by this paragraph shall prepare a redevelop23 ment plan for the installation. The redevelopment author24 ity shall, in preparing the plan, consider the interests in

25 the use to assist the homeless of the buildings and prop-
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1 erty at the installation that are expressed in the notices

2 submitted to the redevelopment authority under subpara3 graph (C).

4 (ii)(I) In connection with a redevelopment plan for

5 an installation, a redevelopment authority and representa6 tives of the homeless shall prepare legally binding agree7 ments that provide for the use to assist the homeless of

8 buildings and property, resources, and assistance on or off

9 the installation. The implementation of such agreements

10 shall be contingent upon the decision regarding the dis11 posal of the buildings and property covered by the agree12 ments by the Secretary of Defense under subparagraph

13 (K) or (L).

14 (II) Agreements under this clause shall provide for

15 the reversion to the redevelopment authority concerned, or

16 to such other entity or entities as the agreements shall

17 provide, of buildings and property that are made available

18 under this paragraph for use to assist the homeless in the

19 event that such buildings and property cease being used

20 for that purpose.

21 (iii) A redevelopment authority shall provide oppor22 tunity for public comment on a redevelopment plan before

23 submission of the plan to the Secretary of Defense and

24 the Secretary of Housing and Urban Development under

25 subparagraph (G).
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1 (iv) A redevelopment authority shall complete prepa2 ration of a redevelopment plan for an installation and sub3 mit the plan under subparagraph (G) not later than 9

4 months after the date specified by the redevelopment au5 thority for the installation under subparagraph (D).

6 (G)(i) Upon completion of a redevelopment plan

7 under subparagraph (F), a redevelopment authority shall

8 submit an application containing the plan to the Secretary

9 of Defense and to the Secretary of Housing and Urban

10 Development.

11 (ii) A redevelopment authority shall include in an ap12 plication under clause (i) the following:

13 (I) A copy of the redevelopment plan, including

14 a summary of any public comments on the plan re15 ceived by the redevelopment authority under sub16 paragraph (F)(iii).

17 (II) A copy of each notice of interest of use of

18 buildings and property to assist the homeless that

19 was submitted to the redevelopment authority under

20 subparagraph (C), together with a description of the

21 manner, if any, in which the plan addresses the in22 terest expressed in each such notice, and, if the plan

23 does not address such an interest, an explanation

24 why the plan does not address the interest.
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1 (III) A summary of the outreach undertaken by

2 the redevelopment authority under subparagraph

3 (C)(iii)(II) in preparing the plan.

4 (IV) A statement identifying the representatives

5 of the homeless and the homeless assistance plan6 ning boards, if any, with which the redevelopment

7 authority consulted in preparing the plan, and the

8 results of such consultations.

9 (V) An assessment of the manner in which the

10 redevelopment plan balances the expressed needs of

11 the homeless and the need of the communities in the

12 vicinity of the installation for economic redevelop13 ment and other development.

14 (VI) Copies of the agreements that the redevel15 opment authority proposes to enter into under sub16 paragraph (F)(ii).

17 (H)(i) Not later than 60 days after receiving a rede18 velopment plan under subparagraph (G), the Secretary of

19 Housing and Urban Development shall complete a review

20 of the plan. The purpose of the review is to determine

21 whether the plan, with respect to the expressed interest

22 and requests of representatives of the homeless—

23 (I) takes into consideration the size and nature

24 of the homeless population in the communities in the

25 vicinity of the installation, the availability of existing
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S 974 IS

1 services in such communities to meet the needs of

2 the homeless in such communities, and the suit3 ability of the buildings and property covered by the

4 plan for the use and needs of the homeless in such

5 communities;

6 (II) takes into consideration any economic im7 pact of the homeless assistance under the plan on

8 the communities in the vicinity of the installation;

9 (III) balances in an appropriate manner the

10 needs of the communities in the vicinity of the in11 stallation for economic redevelopment and other de12 velopment with the needs of the homeless in such

13 communities;

14 (IV) was developed in consultation with rep15 resentatives of the homeless and the homeless assist16 ance planning boards, if any, in the communities in

17 the vicinity of the installation; and

18 (V) specifies the manner in which buildings and

19 property, resources, and assistance on or off the in20 stallation will be made available for homeless assist21 ance purposes.

22 (ii) It is the sense of Congress that the Secretary of

23 Housing and Urban Development shall, in completing the

24 review of a plan under this subparagraph, take into con25 sideration and be receptive to the predominant views on
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S 974 IS

1 the plan of the communities in the vicinity of the installa2 tion covered by the plan.

3 (iii) The Secretary of Housing and Urban Develop4 ment may engage in negotiations and consultations with

5 a redevelopment authority before or during the course of

6 a review under clause (i) with a view toward resolving any

7 preliminary determination of the Secretary that a redevel8 opment plan does not meet a requirement set forth in that

9 clause. The redevelopment authority may modify the rede10 velopment plan as a result of such negotiations and con11 sultations.

12 (iv) Upon completion of a review of a redevelopment

13 plan under clause (i), the Secretary of Housing and Urban

14 Development shall notify the Secretary of Defense and the

15 redevelopment authority concerned of the determination of

16 the Secretary of Housing and Urban Development under

17 that clause.

18 (v) If the Secretary of Housing and Urban Develop19 ment determines as a result of such a review that a rede20 velopment plan does not meet the requirements set forth

21 in clause (i), a notice under clause (iv) shall include—

22 (I) an explanation of that determination; and

23 (II) a statement of the actions that the redevel24 opment authority must undertake in order to ad25 dress that determination.
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1 (I)(i) Upon receipt of a notice under subparagraph

2 (H)(iv) of a determination that a redevelopment plan does

3 not meet a requirement set forth in subparagraph (H)(i),

4 a redevelopment authority shall have the opportunity to—

5 (I) revise the plan in order to address the deter6 mination; and

7 (II) submit the revised plan to the Secretary of

8 Defense and the Secretary of Housing and Urban

9 Development.

10 (ii) A redevelopment authority shall submit a revised

11 plan under this subparagraph to such Secretaries, if at

12 all, not later than 90 days after the date on which the

13 redevelopment authority receives the notice referred to in

14 clause (i).

15 (J)(i) Not later than 30 days after receiving a revised

16 redevelopment plan under subparagraph (I), the Secretary

17 of Housing and Urban Development shall review the re18 vised plan and determine if the plan meets the require19 ments set forth in subparagraph (H)(i).

20 (ii) The Secretary of Housing and Urban Develop21 ment shall notify the Secretary of Defense and the redevel22 opment authority concerned of the determination of the

23 Secretary of Housing and Urban Development under this

24 subparagraph.
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1 (K)(i) Upon receipt of a notice under subparagraph

2 (H)(iv) or (J)(ii) of the determination of the Secretary of

3 Housing and Urban Development that a redevelopment

4 plan for an installation meets the requirements set forth

5 in subparagraph (H)(i), the Secretary of Defense shall dis6 pose of the buildings and property at the installation.

7 (ii) For purposes of carrying out an environmental

8 assessment of the closure or realignment of an installa9 tion, the Secretary of Defense shall treat the redevelop10 ment plan for the installation (including the aspects of the

11 plan providing for disposal to State or local governments,

12 representatives of the homeless, and other interested par13 ties) as part of the proposed Federal action for the instal14 lation.

15 (iii) The Secretary of Defense shall dispose of build16 ings and property under clause (i) in accordance with the

17 record of decision or other decision document prepared by

18 the Secretary in accordance with the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.). In

20 preparing the record of decision or other decision docu21 ment, the Secretary shall give substantial deference to the

22 redevelopment plan concerned.

23 (iv) The disposal under clause (i) of buildings and

24 property to assist the homeless shall be without consider25 ation.
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1 (v) In the case of a request for a conveyance under

2 clause (i) of buildings and property for public benefit

3 under section 203(k) of the Federal Property and Admin4 istrative Services Act of 1949 (40 U.S.C. 484(k)) or sec5 tions 47151 through 47153 of title 49, United States

6 Code, the sponsoring Federal agency shall use the eligi7 bility criteria set forth in such section or such subchapter

8 (as the case may be) to determine the eligibility of the

9 applicant and use proposed in the request for the public

10 benefit conveyance.

11 (L)(i) If the Secretary of Housing and Urban Devel12 opment determines under subparagraph (J) that a revised

13 redevelopment plan for an installation does not meet the

14 requirements set forth in subparagraph (H)(i), or if no

15 revised plan is so submitted, that Secretary shall—

16 (I) review the original redevelopment plan sub17 mitted to that Secretary under subparagraph (G),

18 including the notice or notices of representatives of

19 the homeless referred to in clause (ii)(II) of that

20 subparagraph;

21 (II) consult with the representatives referred to

22 in subclause (I), if any, for purposes of evaluating

23 the continuing interest of such representatives in the

24 use of buildings or property at the installation to as25 sist the homeless;
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1 (III) request that each such representative sub2 mit to that Secretary the items described in clause

3 (ii); and

4 (IV) based on the actions of that Secretary

5 under subclauses (I) and (II), and on any informa6 tion obtained by that Secretary as a result of such

7 actions, indicate to the Secretary of Defense the

8 buildings and property at the installation that meet

9 the requirements set forth in subparagraphs (H)(i).

10 (ii) The Secretary of Housing and Urban Develop11 ment may request under clause (i)(III) that a representa12 tive of the homeless submit to that Secretary the following:

13 (I) A description of the program of such rep14 resentative to assist the homeless.

15 (II) A description of the manner in which the

16 buildings and property that the representative pro17 poses to use for such purpose will assist the home18 less.

19 (III) Such information as that Secretary re20 quires in order to determine the financial capacity of

21 the representative to carry out the program and to

22 ensure that the program will be carried out in com23 pliance with Federal environmental law and Federal

24 law against discrimination.
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1 (IV) Such information as the Secretary requires

2 in order to determine that police services, fire pro3 tection services, and water and sewer services avail4 able in the communities in the vicinity of the instal5 lation concerned are adequate for the program.

6 (iii) Not later than 90 days after the date of the re7 ceipt of a revised plan for an installation under subpara8 graph (J), the Secretary of Housing and Urban Develop9 ment shall—

10 (I) notify the Secretary of Defense and the re11 development authority concerned of the buildings

12 and property at an installation under clause (i)(IV)

13 that the Secretary of Housing and Urban Develop14 ment determines are suitable for use to assist the

15 homeless; and

16 (II) notify the Secretary of Defense of the ex17 tent to which the revised plan meets the criteria set

18 forth in subparagraph (H)(i).

19 (iv)(I) Upon notice from the Secretary of Housing

20 and Urban Development with respect to an installation

21 under clause (iii), the Secretary of Defense shall dispose

22 of buildings and property at the installation in consulta23 tion with the Secretary of Housing and Urban Develop24 ment and the redevelopment authority concerned.
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1 (II) For purposes of carrying out an environmental

2 assessment of the closure or realignment of an installa3 tion, the Secretary of Defense shall treat the redevelop4 ment plan submitted by the redevelopment authority for

5 the installation (including the aspects of the plan pro6 viding for disposal to State or local governments, rep7 resentatives of the homeless, and other interested parties)

8 as part of the proposed Federal action for the installation.

9 The Secretary of Defense shall incorporate the notification

10 of the Secretary of Housing and Urban Development

11 under clause (iii)(I) as part of the proposed Federal action

12 for the installation only to the extent, if any, that the Sec13 retary of Defense considers such incorporation to be ap14 propriate and consistent with the best and highest use of

15 the installation as a whole, taking into consideration the

16 redevelopment plan submitted by the redevelopment au17 thority.

18 (III) The Secretary of Defense shall dispose of build19 ings and property under subclause (I) in accordance with

20 the record of decision or other decision document prepared

21 by the Secretary in accordance with the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.). In

23 preparing the record of decision or other decision docu24 ment, the Secretary shall give deference to the redevelop-
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1 ment plan submitted by the redevelopment authority for

2 the installation.

3 (IV) The disposal under subclause (I) of buildings

4 and property to assist the homeless shall be without con5 sideration.

6 (V) In the case of a request for a conveyance under

7 subclause (I) of buildings and property for public benefit

8 under section 203(k) of the Federal Property and Admin9 istrative Services Act of 1949 (40 U.S.C. 484(k)) or sec10 tions 47151 through 47153 of title 49, United States

11 Code, the sponsoring Federal agency shall use the eligi12 bility criteria set forth in such section or such subchapter

13 (as the case may be) to determine the eligibility of the

14 applicant and use proposed in the request for the public

15 benefit conveyance.

16 (M)(i) In the event of the disposal of buildings and

17 property of an installation pursuant to subparagraph (K)

18 or (L), the redevelopment authority for the installation

19 shall be responsible for the implementation of and compli20 ance with agreements under the redevelopment plan de21 scribed in that subparagraph for the installation.

22 (ii) If a building or property reverts to a redevelop23 ment authority under such an agreement, the redevelop24 ment authority shall take appropriate actions to secure,

25 to the maximum extent practicable, the utilization of the
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1 building or property by other homeless representatives to

2 assist the homeless. A redevelopment authority may not

3 be required to utilize the building or property to assist

4 the homeless.

5 (N) The Secretary of Defense may postpone or ex6 tend any deadline provided for under this paragraph in

7 the case of an installation covered by this paragraph for

8 such period as the Secretary considers appropriate if the

9 Secretary determines that such postponement is in the in10 terests of the communities affected by the closure or re11 alignment of the installation. The Secretary shall make

12 such determinations in consultation with the redevelop13 ment authority concerned and, in the case of deadlines

14 provided for under this paragraph with respect to the Sec15 retary of Housing and Urban Development, in consulta16 tion with the Secretary of Housing and Urban Develop17 ment.

18 (O) For purposes of this paragraph, the term ‘‘com19 munities in the vicinity of the installation’’, in the case

20 of an installation, means the communities that constitute

21 the political jurisdictions (other than the State in which

22 the installation is located) that comprise the redevelop23 ment authority for the installation.

24 (P) For purposes of this paragraph, the term ‘‘other

25 interested parties’’, in the case of an installation, includes
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1 any parties eligible for the conveyance of property of the

2 installation under section 203(k) of the Federal Property

3 and Administrative Services Act of 1949 (40 U.S.C.

4 484(k)) or sections 47151 through 47153 of title 49,

5 United States Code, whether or not the parties assist the

6 homeless.

7 (7)(A) Subject to subparagraph (C), the Secretary

8 may enter into agreements (including contracts, coopera9 tive agreements, or other arrangements for reimburse10 ment) with local governments for the provision of police

11 or security services, fire protection services, airfield oper12 ation services, or other community services by such gov13 ernments at military installations closed or to be closed

14 or realigned or to be realigned, under this part, if the Sec15 retary determines that the provision of such services under

16 such agreements is in the best interests of the Department

17 of Defense.

18 (B) The Secretary may exercise the authority pro19 vided under this paragraph without regard to the provi20 sions of chapter 146 of title 10, United States Code.

21 (C) The Secretary may not exercise the authority

22 under subparagraph (A) with respect to an installation

23 earlier than 180 days before the date on which the instal24 lation is to be closed.
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1 (D) The Secretary shall include in a contract for serv2 ices entered into with a local government under this para3 graph a clause that requires the use of professionals to

4 furnish the services to the extent that professionals are

5 available in the area under the jurisdiction of such govern6 ment.

7 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

8 POLICY ACT OF 1969.—(1) The provisions of the National

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

10 seq.) shall not apply to the actions of the Commission,

11 and, except as provided in paragraph (2), the Department

12 of Defense in carrying out this part.

13 (2)(A) The provisions of the National Environmental

14 Policy Act of 1969 shall apply to actions of the Depart15 ment of Defense under this part (i) during the process

16 of property disposal, and (ii) during the process of relo17 cating functions from a military installation being closed

18 or realigned to another military installation after the re19 ceiving installation has been selected but before the func20 tions are relocated.

21 (B) In applying the provisions of the National Envi22 ronmental Policy Act of 1969 to the processes referred

23 to in subparagraph (A), the Secretary of Defense and the

24 Secretary of the military departments concerned shall not

25 have to consider—
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1 (i) the need for closing or realigning the mili2 tary installation which has been recommended for

3 closure or realignment by the Commission;

4 (ii) the need for transferring functions to any

5 military installation which has been selected as the

6 receiving installation; or

7 (iii) military installations alternative to those

8 recommended or selected.

9 (3) A civil action for judicial review, with respect to

10 any requirement of the National Environmental Policy Act

11 of 1969 to the extent such Act is applicable under para12 graph (2), of any act or failure to act by the Department

13 of Defense during the closing, realigning, or relocating of

14 functions referred to in clauses (i) and (ii) of paragraph

15 (2)(A), may not be brought more than 60 days after the

16 date of such act or failure to act.

17 (d) WAIVER.—The Secretary of Defense may close or

18 realign military installations under this part without re19 gard to—

20 (1) any provision of law restricting the use of

21 funds for closing or realigning military installations

22 included in any appropriations or authorization Act;

23 and

24 (2) sections 2662 and 2687 of title 10, United

25 States Code.
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1 (e) TRANSFER AUTHORITY IN CONNECTION WITH

2 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

3 (1)(A) Subject to paragraph (2) of this subsection and sec4 tion 120(h) of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

6 U.S.C. 9620A(h)), the Secretary may enter into an agree7 ment to transfer by deed real property or facilities referred

8 to in subparagraph (B) with any person who agrees to

9 perform all environmental restoration, waste management,

10 and environmental compliance activities that are required

11 for the property or facilities under Federal and State laws,

12 administrative decisions, agreements (including schedules

13 and milestones), and concurrences.

14 (B) The real property and facilities referred to in

15 subparagraph (A) are the real property and facilities lo16 cated at an installation closed or to be closed or realigned

17 or to be realigned under this part that are available exclu18 sively for the use, or expression of an interest in a use,

19 of a redevelopment authority under subsection (b)(6)(F)

20 during the period provided for that use, or expression of

21 interest in use, under that subsection.

22 (C) The Secretary may require any additional terms

23 and conditions in connection with an agreement author24 ized by subparagraph (A) as the Secretary considers ap25 propriate to protect the interests of the United States.
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1 (2) A transfer of real property or facilities may be

2 made under paragraph (1) only if the Secretary certifies

3 to Congress that—

4 (A) the costs of all environmental restoration,

5 waste management, and environmental compliance

6 activities to be paid by the recipient of the property

7 or facilities are equal to or greater than the fair

8 market value of the property or facilities to be trans9 ferred, as determined by the Secretary; or

10 (B) if such costs are lower than the fair market

11 value of the property or facilities, the recipient of

12 the property or facilities agrees to pay the difference

13 between the fair market value and such costs.

14 (3) As part of an agreement under paragraph (1),

15 the Secretary shall disclose to the person to whom the

16 property or facilities will be transferred any information

17 of the Secretary regarding the environmental restoration,

18 waste management, and environmental compliance activi19 ties described in paragraph (1) that relate to the property

20 or facilities. The Secretary shall provide such information

21 before entering into the agreement.

22 (4) Nothing in this subsection shall be construed to

23 modify, alter, or amend the Comprehensive Environmental

24 Response, Compensation, and Liability Act of 1980 (42
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1 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42

2 U.S.C. 6901 et seq.).

3 (5) Section 330 of the National Defense Authoriza4 tion Act for Fiscal Year 1993 (Public Law 102–484; 10

5 U.S.C. 2687 note) shall not apply to any transfer under

6 this subsection to persons or entities described in sub7 section (a)(2) of such section 330.

8 (f) TRANSFER AUTHORITY IN CONNECTION WITH

9 CONSTRUCTION OR PROVISION OF MILITARY FAMILY

10 HOUSING.—(1) Subject to paragraph (2), the Secretary

11 may enter into an agreement to transfer by deed real prop12 erty or facilities located at or near an installation closed

13 or to be closed, or realigned or to be realigned, under this

14 part with any person who agrees, in exchange for the real

15 property or facilities, to transfer to the Secretary housing

16 units that are constructed or provided by the person and

17 located at or near a military installation at which there

18 is a shortage of suitable housing to meet the requirements

19 of members of the Armed Forces and their dependents.

20 The Secretary may not select real property for transfer

21 under this paragraph if the property is identified in the

22 redevelopment plan for the installation as property essen23 tial to the reuse or redevelopment of the installation.

24 (2) A transfer of real property or facilities may be

25 made under paragraph (1) only if—
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1 (A) the fair market value of the housing units

2 to be received by the Secretary in exchange for the

3 property or facilities to be transferred is equal to or

4 greater than the fair market value of such property

5 or facilities, as determined by the Secretary; or

6 (B) in the event the fair market value of the

7 housing units is less than the fair market value of

8 property or facilities to be transferred, the recipient

9 of the property or facilities agrees to pay to the Sec10 retary the amount equal to the excess of the fair

11 market value of the property or facilities over the

12 fair market value of the housing units.

13 (3) Notwithstanding paragraph (2) of section

14 1106(a), the Secretary may deposit funds received under

15 paragraph (2)(B) in the Department of Defense Family

16 Housing Improvement Fund established under section

17 2873(a) of title 10, United States Code.

18 (4) The Secretary shall submit to the congressional

19 defense committees a report describing each agreement

20 proposed to be entered into under paragraph (1), includ21 ing the consideration to be received by the United States

22 under the agreement. The Secretary may not enter into

23 the agreement until the end of the 30-day period begin24 ning on the date the congressional defense committees re25 ceive the report regarding the agreement.
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1 (5) the Secretary may require any additional terms

2 and conditions in connection with an agreement author3 ized by this subsection as the Secretary considers appro4 priate to protect the interests of the United States.

5 (g) ACQUISITION OF MANUFACTURED HOUSING.—

6 (1) In closing or realigning any military installation under

7 this part, the Secretary may purchase any or all right,

8 title, and interest of a member of the Armed Forces and

9 any spouse of the member in manufactured housing lo10 cated at a manufactured housing park established at an

11 installation closed or realigned under this part, or make

12 a payment to the member to relocate the manufactured

13 housing to a suitable new site, if the Secretary determines

14 that—

15 (A) it is in the best interest of the Federal Gov16 ernment to eliminate or relocate the manufactured

17 housing park; and

18 (B) the elimination or relocation of the manu19 factured housing park would result in an unreason20 able financial hardship to the owners of the manu21 factured housing.

22 (2) Any payment made under this subsection shall

23 not exceed 90 percent of the purchase price of the manu24 factured housing, as paid by the member or any spouse

25 of the member, plus the cost of any permanent improve-
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1 ments subsequently made to the manufactured housing by

2 the member or spouse of the member.

3 (3) The Secretary shall dispose of manufactured

4 housing acquired under this subsection through resale, do5 nation, trade or otherwise within one year of acquisition.

6 SEC. 1106. ACCOUNT.

7 (a) IN GENERAL.—(1) There is hereby established on

8 the books of the Treasury an account to be known as the

9 ‘‘Department of Defense Base Closure Account 1999’’

10 which shall be administered by the Secretary as a single

11 account.

12 (2) There shall be deposited into the Account—

13 (A) funds authorized for and appropriated to

14 the Account;

15 (B) any funds that the Secretary may, subject

16 to approval in an appropriation Act, transfer to the

17 Account from funds appropriated to the Department

18 of Defense for any purpose, except that such funds

19 may be transferred only after the date on which the

20 Secretary transmits written notice of, and justifica21 tion for, such transfer to the congressional defense

22 committees;

23 (C) except as provided in subsection (d), pro24 ceeds received from the lease, transfer, or disposal of
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1 any property at a military installation closed or re2 aligned under this part; and

3 (D) proceeds received after July 13, 2001, from

4 the lease, transfer, or disposal of any property at a

5 military installation closed or realigned under the

6 Defense Base Closure and Realignment Act of 1990

7 (Public Law 101–510; 10 U.S.C. 2687 note).

8 (b) USE OF FUNDS.—(1) The Secretary may use the

9 funds in the Account only for the purposes described in

10 section 1105, or, after July 13, 2001, for property man11 agement and disposal at installations closed or realigned

12 under the Defense Base Closure and Realignment Act of

13 1990 (Public Law 101–510; 10 U.S.C. 2687 note).

14 (2) When a decision is made to use funds in the Ac15 count to carry out a construction project under section

16 1105(a) and the cost of the project will exceed the max17 imum amount authorized by law for a minor military con18 struction project, the Secretary shall notify in writing the

19 congressional defense committees of the nature of, and

20 justification for, the project and the amount of expendi21 tures for such project. Any such construction project may

22 be carried out without regard to section 2802(a) of title

23 10, United States Code.

24 (c) REPORTS.—(1)(A) No later than 60 days after

25 the end of each fiscal year in which the Secretary carries
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1 out activities under this part, the Secretary shall transmit

2 a report to the congressional defense committees of the

3 amount and nature of the deposits into, and the expendi4 tures from, the Account during such fiscal year and of

5 the amount and nature of other expenditures made pursu6 ant to section 1105(a) during such fiscal year.

7 (B) The reports for a fiscal year shall include the fol8 lowing:

9 (i) The obligation and expenditures from the

10 Account during the fiscal year, identified by sub11 account, for each military department and Defense

12 Agency.

13 (ii) The fiscal year in which appropriations for

14 such expenditures were made and the fiscal year in

15 which funds were obligated for such expenditures.

16 (iii) Each military construction project for

17 which such obligations and expenditures were made,

18 identified by installation and project title.

19 (iv) A description and explanation of the extent,

20 if any, to which expenditures for military construc21 tion projects for the fiscal year differed from pro22 posals for projects and funding levels that were in23 cluded in the justification transmitted to Congress

24 under section 1107(l), or otherwise, for the funding
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1 proposals for the Account for such fiscal year, in2 cluding an explanation of—

3 (I) any failure to carry out military con4 struction projects that were so proposed; and

5 (II) any expenditures for military construc6 tion projects that were not so proposed.

7 (2) Unobligated funds which remain in the Account

8 after the termination of the authority of the Secretary to

9 carry out a closure or realignment under this part shall

10 be held in the Account until transferred by law after the

11 congressional defense committees receive the report trans12 mitted under paragraph (3).

13 (3) No later than 60 days after the termination of

14 the authority of the Secretary to carry out a closure or

15 realignment under this part, the Secretary shall transmit

16 to the congressional defense committees a report con17 taining an accounting of—

18 (A) all the funds deposited into and expended

19 from the Account or otherwise expended under this

20 part; and

21 (B) any amount remaining in the Account.

22 (d) DISPOSAL OR TRANSFER OF COMMISSARY

23 STORES AND PROPERTY PURCHASED WITH NON24 APPROPRIATED FUNDS.—(1) If any real property or facil25 ity acquired, constructed, or improved (in whole or in part)
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1 with commissary store funds or nonappropriated funds is

2 transferred or disposed of in connection with the closure

3 or realignment of a military installation under this part,

4 a portion of the proceeds of the transfer or other disposal

5 of property on that installation shall be deposited in the

6 reserve account established under section 204(b)(7)(C) of

7 the Defense Authorization Amendments and Base Closure

8 and Realignment Act (10 U.S.C. 2687 note).

9 (2) The amount so deposited shall be equal to the

10 depreciated value of the investment made with such funds

11 in the acquisition, construction, or improvement of that

12 particular real property or facility. The depreciated value

13 of the investment shall be computed in accordance with

14 regulations prescribed by the Secretary of Defense.

15 (3) The Secretary may use amounts in the account

16 (in such an aggregate amount as is provided in advance

17 in appropriation Acts) for the purpose of acquiring, con18 structing, and improving—

19 (A) commissary stores; and

20 (B) real property and facilities for non21 appropriated fund instrumentalities.

22 (4) As used in this subsection:

23 (A) The term ‘‘commissary store funds’’ means

24 funds received from the adjustment of, or surcharge
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1 on, selling prices at commissary stores fixed under

2 section 2685 of title 10, United States Code.

3 (B) The term ‘‘nonappropriated funds’’ means

4 funds received from a nonappropriated fund instru5 mentality.

6 (C) The term ‘‘nonappropriated fund instru7 mentality’’ means an instrumentality of the United

8 States under the jurisdiction of the Armed Forces

9 (including the Army and Air Force Exchange Serv10 ice, the Navy Resale and Services Support Office,

11 and the Marine Corps exchanges) which is conducted

12 for the comfort, pleasure, contentment, or physical

13 or mental improvement of members of the Armed

14 Forces.

15 (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

16 ENVIRONMENTAL RESTORATION PROJECTS.—Except for

17 funds deposited into the Account under subsection (a),

18 funds appropriated to the Department of Defense may not

19 be used for purposes described in section 1105 (a)(1)(C).

20 The prohibition in this subsection shall expire upon the

21 termination of the authority of the Secretary to carry out

22 a closure or realignment under this part.

23 SEC. 1107. REPORTS.

24 As part of the budget request for the Department of

25 Defense for fiscal year 2005 and for each fiscal year there-
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1 after in which the Secretary carries out activities under

2 this part, the Secretary shall transmit to the congressional

3 defense committees of Congress—

4 (1) a schedule of the closure and realignment

5 actions to be carried out under this part in fiscal

6 year for which the request is made and an estimate

7 of the total expenditures required and cost savings

8 to be achieved by each such closure and realignment

9 and of the time period in which these savings are to

10 be achieved in each case, together with the Sec11 retary’s assessment of the environmental effects of

12 such actions; and

13 (2) a description of the military installations,

14 including those under construction and those

15 planned for construction, to which functions are to

16 be transferred as a result of such closures and re17 alignments, together with the Secretary’s assessment

18 of the environmental effects of such transfers.

19 SEC. 1108. CONGRESSIONAL CONSIDERATION OF COMMIS20 SION REPORT.

21 (a) TERMS OF THE RESOLUTION.—For purposes of

22 section 1104(b), the term ‘‘joint resolution’’ means only

23 a joint resolution which is introduced within the 10-day

24 period beginning on the date on which the President trans-
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1 mits the report to the Congress under section 1103(e),

2 and—

3 (1) which does not have a preamble;

4 (2) the matter after the resolving clause of

5 which is as follows: ‘‘That Congress disapproves the

6 recommendations of the Defense Base Closure and

7 Realignment Commission as submitted by the Presi8 dent on lll’’, the blank space being filled in

9 with the appropriate date; and

10 (3) the title of which is as follows: ‘‘Joint reso11 lution disapproving the recommendations of the De12 fense Base Closure and Realignment Commission.’’.

13 (b) REFERRAL.—A resolution described in subsection

14 (a) that is introduced in the House of Representatives

15 shall be referred to the Committee on Armed Services of

16 the House of Representatives. A resolution described in

17 subsection (a) introduced in the Senate shall be referred

18 to the Committee on Armed Services of the Senate.

19 (c) DISCHARGE.—If the committee to which a resolu20 tion described in subsection (a) is referred has not re21 ported such a resolution (or an identical resolution) by the

22 end of the 20-day period beginning on the date on which

23 the President transmits the report to the Congress under

24 section 1103(e), such committee shall be, at the end of

25 such period, discharged from further consideration of such
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1 resolution, and such resolution shall be placed on the ap2 propriate calendar of the House involved.

3 (d) CONSIDERATION.—(1) On or after the third day

4 after the date on which the committee to which such a

5 resolution is referred has reported, or has been discharged

6 (under subsection (c)) from further consideration of, such

7 a resolution, it is in order (even though a previous motion

8 to the same effect has been disagreed to) for any Member

9 of the respective House to move to proceed to the consider10 ation of the resolution. A member may make the motion

11 only on the day after the calendar day on which the Mem12 ber announces to the House concerned the Member’s in13 tention to make the motion, except that, in the case of

14 the House of Representatives, the motion may be made

15 without such prior announcement if the motion is made

16 by direction of the committee to which the resolution was

17 referred. The motion is highly privileged in the House of

18 Representatives and is privileged in the Senate and is not

19 debatable. The motion is not subject to amendment, or

20 to a motion to postpone, or a motion to proceed to the

21 consideration of other business. A motion to reconsider the

22 vote by which the motion is agreed to or disagreed to shall

23 not be in order. If a motion to proceed to the consideration

24 of the resolution is agreed to, the respective House shall

25 immediately proceed to consideration of the joint resolu-
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1 tion without intervening motion, order, or other business,

2 and the resolution shall remain the unfinished business of

3 the respective House until disposed of.

4 (2) Debate on the resolution, and on all debatable

5 motions and appeals in connection therewith, shall be lim6 ited to not more than 2 hours, which shall be divided

7 equally between those favoring and those opposing the res8 olution. An amendment to the resolution is not in order.

9 A motion further to limit debate is in order and not debat10 able. A motion to postpone, or a motion to proceed to the

11 consideration of other business, or a motion to recommit

12 the resolution is not in order. A motion to reconsider the

13 vote by which the resolution is agreed to or disagreed to

14 is not in order.

15 (3) Immediately following the conclusion of the de16 bate on a resolution described in subsection (a) and a sin17 gle quorum call at the conclusion of the debate if re18 quested in accordance with the rules of the appropriate

19 House, the vote on final passage of the resolution shall

20 occur.

21 (4) Appeals from the decisions of the Chair relating

22 to the application of the rules of the Senate or the House

23 of Representatives, as the case may be, to the procedure

24 relating to a resolution described in subsection (a) shall

25 be decided without debate.
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1 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be2 fore the passage by one House of a resolution of that

3 House described in subsection (a), that House receives

4 from the other House a resolution described in subsection

5 (a), then the following procedures shall apply:

6 (A) The resolution of the other House shall not

7 be referred to a committee and may not be consid8 ered in the House receiving it except in the case of

9 final passage as provided in subparagraph (B)(ii).

10 (B) With respect to a resolution described in

11 subsection (a) of the House receiving the

12 resolution—

13 (i) the procedure in that House shall be

14 the same as if no resolution had been received

15 from the other House; but

16 (ii) the vote on final passage shall be on

17 the resolution of the other House.

18 (2) Upon disposition of the resolution received from

19 the other House, it shall no longer be in order to consider

20 the resolution that originated in the receiving House.

21 (f) RULES OF THE SENATE AND HOUSE.—This sec22 tion is enacted by Congress—

23 (1) as an exercise of the rule making power of

24 the Senate and House of Representatives, respec25 tively, and as such it is deemed a part of the rules
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1 of each House, respectively, but applicable only with

2 respect to the procedure to be followed in that

3 House in the case of a resolution described in sub4 section (a), and it supersedes other rules only to the

5 extent that it is inconsistent with such rules; and

6 (2) with full recognition of the constitutional

7 right of either House to change the rules (so far as

8 relating to the procedure of that House) at any time,

9 in the same manner, and to the same extent as in

10 the case of any other rule of that House.

11 SEC. 1109. RESTRICTION ON OTHER BASE CLOSURE

12 AUTHORITY.

13 (a) IN GENERAL.—Except as provided in subsection

14 (c), during the period beginning on the date of the enact15 ment of this Act and ending on December 31, 2005, this

16 part shall be the exclusive authority for selecting for clo17 sure or realignment, or for carrying out any closure or

18 realignment of, a military installation inside the United

19 States.

20 (b) RESTRICTION.—Except as provided in subsection

21 (c), none of the funds available to the Department of De22 fense may be used, other than under this part, during the

23 period specified in subsection (a)—

24 (1) to identify, through any transmittal to the

25 Congress or through any other public announcement
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1 or notification, any military installation inside the

2 United States as an installation to be closed or re3 aligned or as an installation under consideration for

4 closure or realignment; or

5 (2) to carry out any closure or realignment of

6 a military installation inside the United States.

7 (c) EXCEPTION.—Nothing in this part affects the au8 thority of the Secretary to carry out—

9 (1) closures and realignments under title II of

10 Public Law 100–526;

11 (2) closures and realignments under Public Law

12 101–510; and

13 (3) closures and realignments to which section

14 2687 of title 10, United States Code, is not applica15 ble, including closures and realignments carried out

16 for reasons of national security or a military emer17 gency referred to in subsection (c) of such section.

18 SEC. 1110. DEFINITIONS.

19 As used in this part:

20 (1) The term ‘‘Account’’ means the Department

21 of Defense Base Closure Account 1999 established

22 by section 1106(a)(1).

23 (2) The term ‘‘congressional defense commit24 tees’’ means the Committee on Armed Services and

25 the Committee on Appropriations of the Senate and
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1 the Committee on Armed Forces and the Committee

2 on Appropriations of the House of Representatives.

3 (3) The term ‘‘Commission’’ means the Com4 mission established by section 1102.

5 (4) The term ‘‘military installation’’ means a

6 base, camp, post, station, yard, center, homeport fa7 cility for any ship, or other activity under the juris8 diction of the Department of Defense, including any

9 leased facility. Such term does not include any facil10 ity used primarily for civil works, rivers and harbors

11 projects, flood control, or other projects not under

12 the primary jurisdiction or control of the Depart13 ment of Defense.

14 (5) The term ‘‘realignment’’ includes any action

15 which both reduces and relocates functions and civil16 ian personnel positions but does not include a reduc17 tion in force resulting from workload adjustments,

18 reduced personnel or funding levels, or skill imbal19 ances.

20 (6) The term ‘‘Secretary’’ means the Secretary

21 of Defense.

22 (7) The term ‘‘United States’’ means the 50

23 States, the District of Columbia, the Commonwealth

24 of Puerto Rico, Guam, the Virgin Islands, American
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1 Samoa, and any other commonwealth, territory, or

2 possession of the United States.

3 (8) The term ‘‘date of approval’’, with respect

4 to a closure or realignment of an installation, means

5 the date on which the authority of Congress to dis6 approve a recommendation of closure or realign7 ment, as the case may be, of such installation under

8 this part expires.

9 (9) The term ‘‘redevelopment authority’’, in the

10 case of an installation to be closed or realigned

11 under this part, means any entity (including an enti12 ty established by a State or local government) recog13 nized by the Secretary of Defense as the entity re14 sponsible for developing the redevelopment plan with

15 respect to the installation or for directing the imple16 mentation of such plan.

17 (10) The term ‘‘redevelopment plan’’ in the

18 case of an installation to be closed or realigned

19 under this part, means a plan that—

20 (A) is agreed to by the local redevelopment

21 authority with respect to the installation; and

22 (B) provides for the reuse or redevelop23 ment of the real property and personal property

24 of the installation that is available for such
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1 reuse and redevelopment as a result of the clo2 sure or realignment of the installation.

3 (11) The term ‘‘representative of the homeless’’

4 has the meaning given such term in section

5 501(i)(4) of the Stewart B. McKinney Homeless As6 sistance Act (42 U.S.C. 11411(i)(4)).

7 SEC. 1111. CLARIFYING AMENDMENTS.

8 (a) All authorities provided to the Secretary of De9 fense with respect to installations closed or to be closed

10 pursuant to the Defense Base Closure and Realignment

11 Act of 1990 (Public Law 101–510, as amended; 10 U.S.C.

12 2687 note), shall apply to the same extent to installations

13 realigned or to be realigned pursuant to the Defense Base

14 Closure and Realignment Act of 1990 (Public Law 101–

15 510, as amended; 10 U.S.C. 2687 note).

16 (b) For the purposes of this Act and notwithstanding

17 any other provision of law, governments of Indian tribes

18 shall be treated as State and local governments.

19 SEC. 1112. CONFORMING AMENDMENTS.

20 DEFINITIONS OF BASE CLOSURE LAW.—(1) Sub21 section (c)(1) of Section 3341 of title 5, United States

22 Code, is amended by adding at the end the following new

23 paragraph (D):

24 ‘‘(D) Any other similar law enacted after

25 November 5, 1990.’’
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1 (2) Subsection (h) of Section 2667 of title 10, United

2 States Code, is amended by adding at the end the fol3 lowing new paragraph (4):

4 ‘‘(4) Any other similar law enacted after No5 vember 5, 1990.’’.

6 DIVISION B—MILITARY CON7 STRUCTION AUTHORIZA8 TIONS

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.

Sec. 2105. Modification of authority to carry out certain fiscal year 1995

projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 1998

projects.

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, Drug Interdiction and Counter-Drug Activities.

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. Authorization, Drug Interdiction and Counter-Drug Activities.

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. Modification of authority to carry out certain fiscal year 1990

projects.
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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.

Sec. 2702. Extension of authorization of certain fiscal year 1996 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1995 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing

Sec. 2801. Limitation on certain projects; authority to carry out small projects

with operation and maintenance funds.

Sec. 2802. Planning and design funds for military construction projects.

Subtitle B—Real Property and Facilities Administration

Sec. 2803. Utility privatization.

Sec. 2804. Authority to carry out former military housing Privatization projects

with funds transferred to family housing construction.

Sec. 2805. Pilot Project for the Improvement and Operating Support of Ford

Island, Hawaii.

Subtitle C—Defense Base Closure and Realignment

Sec. 2806. Establishment of environmental restoration accounts for base closure installations and formerly used defense sites.

1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 SECTION 2001. SHORT TITLE.

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2000’’.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
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Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 1995

projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 1998

projects.

1 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

2 ACQUISITION PROJECTS.

3 (a) INSIDE THE UNITED STATES.—Using amounts

4 appropriated pursuant to the authorization of appropria5 tions in section 2104(a)(1), the Secretary of the Army

6 may acquire real property and carry out military construc7 tion projects for the installations and locations inside the

8 United States, and in the amounts, set forth in the fol9 lowing table:

Army: Inside the United States

State Installation or location Amount

Alaska ............................... Fort Richardson .................................... $14,600,000

Fort Wainwright ................................... $15,500,000

California .......................... Fort Irwin ............................................. $13,400,000

Colorado ........................... Peterson Air Force Bace ....................... $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/Hunter Army Air ............ $3,500,000

Hunter Army Air Field ......................... $7,200,000

Hawaii .............................. Schofield Barracks ................................ $95,000,000

Kansas .............................. Fort Leavenworth ................................. $34,100,000

Kentucky .......................... Blue Grass Army Depot ........................ $212,800,000

Fort Campbell ....................................... $36,900,000

Maryland .......................... Fort Meade ........................................... $22,450,000

Massachusetts ................... Westover Air Reserve Base ................... $4,000,000

Missouri ............................ Fort Leonard Wood .............................. $10,600,000

North Carolina ................. Fort Bragg ............................................ $111,000,000

Sunny Point (MOTSU) ......................... $3,800,000

Oklahoma ......................... Fort Sill ................................................. $13,200,000

McAlester Army Ammunition ............... $16,600,000

Pennsylvania ..................... Carlisle Barracks ................................... $5,000,000

Letterkenny Army Depot ...................... $3,650,000

South Carolina ................. Fort Jackson ......................................... $7,400,000

Texas ................................ Fort Bliss .............................................. $50,400,000

Fort Hood ............................................. $68,000,000

Virginia ............................. Fort Belvoir .......................................... $3,850,000

Fort Eustis ............................................ $39,000,000

Fort Myer .............................................. $2,900,000

Washington ....................... Fort Lewis ............................................. $6,200,000
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Army: Inside the United States—Continued

State Installation or location Amount

Yakima Training Center ....................... $17,200,000

CONUS Various ............... CONUS Various .................................... $36,400,000

Total .......................................... $936,100,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects for the locations outside the United States,

6 and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany ........................... Ansbach ................................................. $21,000,000

Area Support Group ............................. $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)(19)(A), the Secretary of

11 the Army may construct or acquire family housing units

12 (including land acquisition) at the installations, for the

13 purposes, and in the amounts set forth in the following

14 table:
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Army: Family Housing

State Installation or location Purpose Amount

Korea ............................ Camp Humphreys ....... 60 units ........... $24,000,000

Total ................ $24,000,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2104(a)(19)(A), the Secretary of the Army may

4 carryout architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of family housing units in an amount not

7 to exceed $4,300,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in sections

13 2104(a)(19)(A), the Secretary of the Army may improve

14 existing military family housing units in an amount not

15 to exceed $32,600,000.

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

17 (a) IN GENERAL.—Funds are hereby authorized to

18 be appropriated for fiscal years beginning after September

19 30, 1999, for military construction, land acquisition, and

20 military family housing functions of the Department of the

21 Army in the total amount of $1,768,086,000 as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2101(a),

3 $187,513,000.

4 (2) For military construction projects outside

5 the United States authorized by section 2101(b),

6 $13,985,000.

7 (3) For a reduction in the amount of super8 vision, inspection and overhead included in the above

9 authorization of appropriations, section 2104(a) (1)

10 and (2) of this Act, $30,689,000.

11 (4) For the construction of the U.S. Discipli12 nary Barracks, Phase II, Fort Leavenworth, Kan13 sas, authorized in section 2101(a) of the National

14 Defense Authorization Act for Fiscal Year 1998 (di15 vision B of Public Law 105–85; 111 Stat. 1967),

16 $18,800,000.

17 (5) For the construction of the Railhead Facil18 ity, Fort Hood, Texas, authorized in section 2101(a)

19 of the National Defense Authorization Act for Fiscal

20 Year 1999 (division B of Public Law 105–261; 112

21 Stat. 2182), $14,800,000.

22 (6) For the construction of the Power Plant,

23 Roi Namur Island, Kwajalein Atoll, Kwajalein, au24 thorized in section 2101(a) of the National Defense

25 Authorization Act for Fiscal Year 1999 (division B
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1 of Public Law 105–261; 112 Stat. 2183),

2 $35,400,000.

3 (7) For the construction of the Cadet Develop4 ment Center, United States Military Academy, West

5 Point, New York, authorized in section 2101(a) of

6 the National Defense Authorization Act for Fiscal

7 Year 1999 (division B of Public Law 105–261; 112

8 Stat. 2182), $28,500,000.

9 (8) For the construction of the Ammunition

10 Demilitarization Facility, Anniston Army Depot,

11 Alabama, authorized in section 2101(a) of the Mili12 tary Construction Authorization Act for Fiscal Year

13 1991 (division B of Public Law 101–510; Stat.

14 1758), as amended by section 2101(a) of the Mili15 tary Construction Authorization Act for Fiscal Year

16 1992 and 1993 (division B of Public Law 102–190;

17 105 Stat. 1508); section 2101(a) of the Military

18 Construction Authorization Act for Fiscal Year 1993

19 (division B of Public Law 102–484; 106 Stat.

20 2586); and section 2401 of the Military Construc21 tion Authorization Act for Fiscal Year 1995 (divi22 sion B of Public Law 103–337, 108 Stat. 3040),

23 $7,000,000.

24 (9) For the construction of the Ammunition

25 Demilitarization Facility, Pine Bluff Arsenal, Arkan-
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1 sas, authorized in section 2401 of Military Construc2 tion Authorization Act for Fiscal Year 1995 (divi3 sion B of Public Law 103–337; 108 Stat. 3040), as

4 amended by section 2407 of the National Defense

5 Authorization Act for Fiscal Year 1996 (division B

6 of Public Law 104–106; 110 Stat. 539), section

7 2408 of the Military Construction Authorization Act

8 for Fiscal Year 1998 (division B of Public Law 105–

9 85; 111 Stat. 1982), and section 2406 of the Mili10 tary Construction Authorization Act for Fiscal Year

11 1999 (division B of Public Law 105–261; 112 Stat.

12 2197), $61,800,000.

13 (10) For the construction of the Ammunition

14 Demilitarization Facility, Umatilla Army Depot, Or15 egon, authorized in section 2401 of the Military

16 Construction Authorization Act for Fiscal Year 1995

17 (division B of Public Law 103–337; 108 Stat.

18 3040), as amended by section 2407 of the Military

19 Construction Authorization Act for Fiscal Year 1996

20 (division B of Public Law 104–106; 110 Stat. 539);

21 section 2408 of the Military Construction Authoriza22 tion Act for Fiscal Year 1998 (division B of Public

23 Law 105–85; 111 Stat. 1982); and section 2406 of

24 the Military Construction Authorization Act for Fis-
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1 cal Year 1999 (division B of Public Law 105–261;

2 112 Stat. 2197), $35,900,000.

3 (11) For the construction of the Ammunition

4 Demilitarization Facility, Aberdeen Proving Ground,

5 Maryland, authorized in section 2401(a) of the Mili6 tary Construction Authorization Act for Fiscal Year

7 1999 (division B of Public Law 105–261; 112 Stat.

8 2193), $66,600,000.

9 (12) For the construction of the Ammunition

10 Demilitarization Facility at Newport Army Depot,

11 Indiana, authorized in section 2401(a) of the Mili12 tary Construction Authorization Act for Fiscal Year

13 1999 (division B of Public Law 105–261; 112 Stat.

14 2193), $61,200,000.

15 (13) For the construction of the Ammunition

16 Demilitarization Facility, Pueblo Army Depot, Colo17 rado, authorized in section 2401(a) of the Military

18 Construction Authorization Act for Fiscal Year 1997

19 (division B of Public Law 104–201; 110 Stat.

20 2775), $11,800,000.

21 (14) For the construction of the Whole Bar22 racks Complex Renewal, Fort Campbell, Kentucky,

23 authorized in section 2101(a) of the Military Con24 struction Authorization Act for Fiscal Year 1999
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1 (division B of Public Law 105–261; 112 Stat.

2 2182), $4,800,000.

3 (15) For the Construction of the Multi-Purpose

4 Digital Training Range, Fort Knox, Kentucky, au5 thorized in section 2101(a) of the Military Construc6 tion Authorization Act for Fiscal Year 1999 (divi7 sion B of Public Law 105–261; 112 Stat. 2182),

8 $2,400,000.

9 (16) For the construction of the Force XXI

10 Soldier Development Center, Fort Hood, Texas, au11 thorized in section 2101(a) of the Military Construc12 tion Authorization Act for Fiscal Year 1999 (divi13 sion B of Public Law 105–85; 111 Stat. 1966),

14 $14,000,000.

15 (17) For unspecified minor construction

16 projects authorized by section 2805 of title 10,

17 United States Code, $9,500,000.

18 (18) For architectural and engineering services

19 and construction design and supervision, inspection

20 and overhead as follows:

21 (A) for architectural and engineering serv22 ices and construction design under section 2807

23 of title 10, United States Code, $82,005,000.
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1 (B) and supervision, inspection and over2 head under section 2802 of title 10 United

3 States Code, $30,689,000.

4 (19) For military family housing functions:

5 (A) For construction and acquisition, plan6 ning and design and improvement of military

7 family housing and facilities, $14,003,000.

8 (B) For support of military family housing

9 (including the functions described in section

10 2833 of title 10, United States Code),

11 $1,098,080,000.

12 (b) ADVANCE AUTHORIZATION OF APPROPRIA13 TIONS.—Funds are hereby authorized to be appropriated

14 for fiscal years beginning after September 30, 2000, for

15 completion of military construction and family housing

16 projects authorized in sections 2101, 2102, and 2103, and

17 subject to the same terms, as follows:

18 (1) For military construction projects author19 ized by section 2101, $659,536,000.

20 (2) For military family housing functions au21 thorized by sections 2102(a) and 2103,

22 $43,991,000.

23 (c) ADVANCE AUTHORIZATION OF APPROPRIATIONS

24 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.—Funds are

25 hereby authorized to be appropriated for fiscal years be-
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1 ginning after September 30, 2000, for military construc2 tion and family housing projects authorized for fiscal year

3 2001, as follows:

4 (1) For military construction projects and land

5 acquisition authorized for fiscal year 2001,

6 $950,784,000.

7 (2) For military family housing functions au8 thorized for fiscal year 2001, $1,018,264,000.

9 (d) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and

12 any other cost variation authorized by law, the total cost

13 of all projects carried out under section 2101 of this Act

14 may not exceed $1,022,500,000.

15 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

16 CERTAIN FISCAL YEAR 1997 PROJECTS.

17 The table in section 2401 of the Military Construc18 tion Authorization Act for Fiscal Year 1997 (division B

19 of Public Law 104–201; 110 Stat. 2775), under the agen20 cy heading relating to Chemical Weapons and Munitions

21 Destruction, is amended in the item relating to Pueblo

22 Chemical Activity, Colorado, by striking out

23 ‘‘$179,000,000’’ in the amount column and inserting in

24 lieu thereof ‘‘$203,500,000’’.
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1 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, Drug Interdiction and Counter-Drug Activities

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(a)(1), the Secretary of the Navy may

7 acquire real property and carry out military construction

8 projects for the installations and locations inside the

9 United States, and in the amounts, set forth in the fol10 lowing table:

Navy: Inside the United States

State Installation or location Amount

Arizona ........................... Marine Corps Air Station, Yuma ............ $17,020,000

Navy Detachment, Camp Navajo ............ $7,560,000

California ........................ Marine Corps Air-Ground Combat Center, Twentynine Palms.$34,760,000

Marine Corps Base, Camp Pendleton ..... $31,660,000

Marine Corps Logistics Base, Barstow ... $4,670,000

Marine Corps Recruit Depot, San Diego $3,200,000

Naval Air Station, Lemoore .................... $24,020,000

Naval Air Station, North Island ............. $54,420,000

Naval Hospital, San Diego ...................... $21,590,000

Naval Hospital, Twentynine Palms ......... $7,640,000

Florida ............................ Naval Air Station, Whiting Field, Milton $4,750,000

Georgia ........................... Marine Corps Logistics Base, Albany ..... $6,260,000

Hawaii ............................ Camp H.M. Smith ................................... $86,050,000

Marine Corps Air Station, Kaneohe Bay $5,790,000

Naval Shipyard, Pearl Harbor ................ $10,610,000

Naval Station, Pearl Harbor ................... $18,600,000

Naval Submarine Base, Pearl Harbor .... $29,460,000

Idaho .............................. Naval Surface Warfare Center, Bayview $10,040,000

Illinois ............................ Naval Training Center, Great Lakes ...... $57,290,000

Maine .............................. Naval Air Station, Brunswick ................. $16,890,000

Maryland ........................ Naval Surface Warfare Center, Indian

Head.

$10,070,000

Mississippi ...................... Naval Construction Battalion Center

Gulfport.

$19,170,000

New Jersey ..................... Naval Air Warfare Center Aircraft Division, Lakehurst.$15,710,000

North Carolina ............... Marine Corps Air Station, New River ..... $5,470,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Marine Corps Base, Camp LeJeune ....... $21,380,000

Pennsylvania .................. Navy Ships Parts Control Center, Mechanicsburg.$2,990,000

South Carolina ............... Naval Weapons Station, Charleston ........ $7,640,000

Marine Corps Air Station, Beaufort ....... $10,490,000

Virginia .......................... Marine Corps Combat Development

Command, Quantico.

$20,820,000

Naval Air Station, Oceana ...................... $11,490,000

Naval Shipyard, Norfolk, Portsmouth .... $17,630,000

Naval Station, Norfolk ............................ $69,550,000

Naval Weapons Station, Yorktown ......... $25,040,000

Tactical Training Group Atlantic, Dam

Neck.

$10,310,000

Washington .................... Naval Ordnance Center Pacific Division

Detachment, Port.

$3,440,000

Puget Sound Naval Shipyard, Bremerton $15,610,000

Strategic Weapons Facility Pacific,

Bremerton.

$6,300,000

Total ............................................ $725,390,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and

6 in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain .......................... Administrative Support Unit ................... $83,090,000

Diego Garcia .................. Naval Support Facility, Diego Garcia ..... $8,150,000

Greece ............................. Naval Support Activity, Souda Bay ........ $6,380,000

Italy ................................ Naval Support Activity, Naples ............... $26,750,000

Total ............................................ $124,370,000

7 SEC. 2202. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(7)(A), the Secretary of the

11 Navy may construct or acquire family housing units (in-
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1 cluding land acquisition) at the installations, for the pur2 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or location Purpose Amount

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

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriation in

5 section 2204(a)(7)(A), the Secretary of the Navy may

6 carry out architectural and engineering services and con7 struction design activities with respect to the construction

8 or improvement of military family housing units in an

9 amount not to exceed $17,715,000.

10 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States

13 Code, and using amounts appropriated pursuant to the

14 authorization of appropriations in section 2204(a)(7)(A),

15 the Secretary of the Navy may improve existing military

16 family housing units in an amount not to exceed

17 $153,250,000.

18 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

19 (a) IN GENERAL.—Funds are hereby authorized to

20 be appropriated for fiscal years beginning after September
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1 30, 1999, for military construction, land acquisition, and

2 military family housing functions of the Department of the

3 Navy in the total amount of $1,284,394,000 as follows:

4 (1) For military construction projects inside the

5 United States authorized by section 2201(a),

6 $202,444,000.

7 (2) For military construction projects outside

8 the United States authorized by section 2201(b),

9 $31,680,000.

10 (3) for a reduction in the amount of super11 vision, inspection and overhead included in the above

12 authorization of appropriations, section 2204(a) (1)

13 and (2) of this act, ($6,178,000).

14 (4) For construction of Berthing Wharf (Incr.

15 II), Naval Station Norfolk, Virginia, authorized in

16 section 2201(a) of the Military Construction Author17 ization Act for Fiscal Year 1999 (division B or Pub18 lic Law 105–261; 112 Stat. 2187), $12,690,000.

19 (5) For unspecified minor construction projects

20 authorized by section 2805 of title 10, United States

21 Code, $7,342,000.

22 (6) For architectural and engineering services

23 and construction design and supervision, inspection

24 and overhead as follows:
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1 (A) for architectural and engineering serv2 ices and construction design under section 2807

3 of title 10, United States Code, $65,630,000.

4 (B) and supervision, inspection and over5 head under section 2802 of title 10 United

6 States Code, $6,178,000.

7 (7) For military family housing functions:

8 (A) For construction and acquisition, plan9 ning and design and improvement of military

10 family housing and facilities, $64,605,000.

11 (B) For support of military housing (in12 cluding functions described in section 2833 of

13 title 10, United States Code), $895,070,000.

14 (b) ADVANCE AUTHORIZATION OF APPROPRIA15 TIONS.—Funds are hereby authorized to be appropriated

16 for fiscal years beginning after September 30, 2000, for

17 completion of military construction and family housing

18 projects authorized in sections 2201, 2202, and 2203, and

19 subject to the same terms, as follows:

20 (1) For military construction projects, author21 ized by section 2201, $502,812,000.

22 (2) For military family housing functions au23 thorized by sections 2202(a) and 2203,

24 $171,167,000.
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1 (c) ADVANCE AUTHORIZATION OF APPROPRIATIONS

2 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.—Funds are

3 hereby authorized to be appropriated for fiscal years be4 ginning after September 30, 2000, for military construc5 tion and family housing projects authorized for fiscal year

6 2001, as follows:

7 (1) For military construction projects and land

8 acquisition authorized for fiscal year 2001,

9 $760,019,000.

10 (2) For military family housing functions au11 thorized for fiscal year 2001, $1,072,195,000.

12 (d) LIMITATION ON TOTAL COST OF CONSTRUCTION

13 PROJECTS.—Notwithstanding the cost variations author14 ized by section 2853 of title 10, United States Code, and

15 any other cost variation authorized by law, the total cost

16 of all projects carried out under section 2201 of this Act

17 may not exceed $849,760,000.

18 SEC. 2205. AUTHORIZATION, DRUG INTERDICTION AND

19 COUNTER-DRUG ACTIVITIES.

20 Using amounts made available for that purpose in the

21 Drug Interdiction and Counter-Drug Activities, Defense

22 Appropriation, the Secretary of the Navy, or such other

23 Service Secretary as the Secretary of Defense later may

24 designate may acquire real property and carry out a mili25 tary construction project for a Forward Deployment Site
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1 in a location to be designated by the Secretary of Defense

2 in the amount of $6,726,000.

3 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 Authorization, Drug Interdiction and Counter-Drug Activities.

4 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

5 LAND ACQUISITION PROJECTS.

6 (a) INSIDE THE UNITED STATES.—Using amounts

7 appropriated pursuant to the authorization of appropria8 tions in section 2304(a)(1), the Secretary of the Air Force

9 may acquire real property and carry out military construc10 tion projects for the installations and locations inside the

11 United States, and in the amounts, set forth in the fol12 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alaska ................................... Eielson Air Force Base .................... $24,100,000

Elmendorf Air Force Base ............... $32,800,000

Arizona .................................. Davis-Monthan Air Force Base ........ $7,800,000

California .............................. Beale Air Force Base ....................... $8,900,000

Travis Air Force Base ...................... $7,500,000

Colorado ................................ Peterson Air Force Base .................. $33,000,000

Schriever Air Force Base ................. $9,400,000

US Air Force Academy .................... $17,500,000

CONUS Classified ................ Classified Location ........................... $16,870,000

Florida .................................. Eglin Air Force Base ....................... $13,600,000

Eglin Auxiliary Field 9 ..................... $18,800,000

MacDill Air Force Base ................... $5,500,000

Patrick Air Force Base .................... $17,800,000

Georgia .................................. Fort Benning .................................... $3,900,000

Moody Air Force Base ..................... $3,200,000

Robins Air Force Base ..................... $3,350,000

Hawaii ................................... Hickam Air Force Base ................... $3,300,000

Idaho ..................................... Mountain Home Air Force Base ...... $17,000,000

Kansas .................................. McConnell Air Force Base ............... $9,600,000

Kentucky ............................... Fort Campbell .................................. $6,300,000

Mississippi ............................. Keesler Air Force Base .................... $27,000,000

Missouri ................................. Whiteman Air Force Base ................ $24,900,000

Nebraska ............................... Offutt Air Force Base ...................... $8,300,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Nevada .................................. Nellis Air Force Base ....................... $18,600,000

New Jersey ............................ McGuire Air Force Base .................. $11,800,000

New York .............................. Rome Laboratory .............................. $12,800,000

North Carolina ...................... Fort Bragg ....................................... $4,600,000

Pope Air Force Base ........................ $7,700,000

Ohio ....................................... Wright-Patterson Air Force Base .... $17,600,000

Oklahoma .............................. Tinker Air Force Base ..................... $23,800,000

South Carolina ...................... Charleston Air Force Base ............... $18,200,000

Tennessee .............................. Arnold Air Force Base ..................... $7,800,000

Texas ..................................... Lackland Air Force Base ................. $13,400,000

Laughlin Air Force Base .................. $3,250,000

Utah ...................................... Hill Air Force Base .......................... $4,600,000

Virginia ................................. Langley Air Force Base ................... $6,300,000

Washington ........................... Fairchild Air Force Base ................. $4,500,000

McChord Air Force Base ................. $7,900,000

Total ...................................... $483,270,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Air Force: Outside the United States

Country Installation or location Amount

Guam ......................... Andersen Air Force Base ............................. $8,900,000

Italy ........................... Aviano Air Base ........................................... $3,700,000

Korea ......................... Osan Air Base .............................................. $19,600,000

Portugal .................... Lajes Field, Azores ....................................... $1,800,000

United Kingdom ........ Ascension Island ........................................... $2,150,000

Royal Air Force Feltwell .............................. $3,000,000

Royal Air Force Lakenheath ........................ $18,200,000

Royal Air Force Mildenhall .......................... $17,600,000

Royal Air Force Molesworth ........................ $1,700,000

Total .................................................. $76,650,000

8 SEC. 2302. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 2304(a)(6)(A), the Secretary of the

2 Air Force may construct or acquire family housing units

3 (including land acquisition) at the installations, for the

4 purposes, and in the amounts set forth in the following

5 table:

Air Force: Family Housing

State Installation or location Purpose Amount

Arizona ......................... Davis-Monthan Air

Force Base.

64 units ........... $10,000,000

California ...................... Beale Air Force Base .. 60 units ........... 8,500,000

Edwards Air Force

Base.

188 units ......... 32,790,000

Vandenberg Air Force

Base.

91 units ........... 16,800,000

District of Columbia ..... Bolling Air Force Base 72 units ........... 9,375,000

Florida .......................... Eglin Air Force Base .. 130 units ......... 14,080,000

MacDill Air Force

Base.

54 units ........... 9,034,000

Mississippi .................... Columbus Air Force

Base.

100 units ......... 12,290,000

Montana ....................... Malmstrom Air Force

Base.

34 units ........... 7,570,000

Nebraska ...................... Offutt Air Force Base 72 units ........... 12,352,000

North Carolina ............. Seymour Johnson Air

Force Base.

78 units ........... 12,187,000

North Dakota ............... Grand Forks Air Force

Base.

42 units ........... 10,050,000

Minot Air Force Base 72 units ........... 10,756,000

Texas ............................ Lackland Air Force

Base.

48 units ........... 7,500,000

Portugal ........................ Lajes Field, Azores ..... 75 units ........... 12,964,000

Total .................... ......................... 186,248,000

6 (b) PLANNING AND DESIGN.—Using amounts appro7 priated pursuant to the authorization of appropriations in

8 section 2304(a)(6)(A), the Secretary of the Air Force may

9 carry out architectural and engineering services and con10 struction design activities with respect to the construction

11 or improvement of military family housing units in an

12 amount not to exceed $17,093,000.
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1 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States

4 Code, and using amounts appropriated pursuant to the

5 authorization of appropriations in section 2304(a)(6)(A),

6 the Secretary of the Air Force may improve existing mili7 tary family housing units in an amount not to exceed

8 $124,452,000.

9 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

10 FORCE.

11 (a) IN GENERAL.—Funds are hereby authorized to

12 be appropriated for fiscal years beginning after September

13 30, 1999, for military construction, land acquisition, and

14 military family housing functions of the Department of the

15 Air Force in the total amount of $1,103,162,000 as fol16 lows:

17 (1) For military construction projects inside

18 the United States authorized by section 2301(a),

19 $122,362,000.

20 (2) For military construction projects outside

21 the United States authorized by section 2301(b),

22 $20,372,000.

23 (3) For a reduction in the amount of super24 vision, inspection and overhead included in the above

25 authorization of appropriations, section 2304(a)(1)

26 and (2) of this Act, ($3,376,000).
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1 (4) For unspecified minor construction projects

2 authorized by section 2805 of title 10, United States

3 Code, $8,741,000.

4 (5) For architectural and engineering services

5 and construction design and supervision, inspection

6 and overhead costs as follows:

7 (A) For architectural and engineering serv8 ices and construction design under section 2807

9 of title 10, United States Code, $28,004,000.

10 (B) For supervision, inspection and over11 head under section 2802 of title 10, United

12 States Code, $3,376,000.

13 (6) For military housing functions:

14 (A) For construction and acquisition, plan15 ning and design and improvement of military

16 family housing and facilities, $101,791,000.

17 (B) For support of military family housing

18 (including functions described in section 2833

19 of title 10, United States Code), $821,892,000.

20 (b) ADVANCE AUTHORIZATION OF APPROPRIA21 TIONS.—Funds are hereby authorized to be appropriated

22 for fiscal years beginning after September 30, 2000, for

23 completion of military construction and family housing

24 projects authorized in sections 2301, 2302, and 2303, and

25 subject to the same terms, as follows:
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1 (1) For military construction projects author2 ized by section 2301, $379,867,000.

3 (2) For military family housing functions au4 thorized by sections 2302(a) and 2303,

5 $215,222,000.

6 (c) ADVANCED AUTHORIZATION OF APPROPRIATIONS

7 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.— Funds are

8 hereby authorized to be appropriated for fiscal years be9 ginning after September 30, 2000, for military construc10 tion and family housing projects authorized for fiscal year

11 2001, as follows:

12 (1) For military construction projects author13 ized for fiscal year 2001, $534,287,000.

14 (2) For military family housing functions au15 thorized for fiscal year 2001, $1,062,806,000.

16 (d) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and

19 any other cost variation authorized by law, the total cost

20 of all projects carried out under section 2301 of this Act

21 may not exceed $559,920,000.

22 SEC. 2305. AUTHORIZATION, DRUG INTERDICTION AND

23 COUNTER-DRUG ACTIVITIES.

24 Using amounts made available for that purpose in the

25 Drug Interdiction and Counter-Drug Activities, Defense
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1 appropriation, the Secretary of the Air Force, or other

2 Service Secretary as the Secretary of Defense later may

3 designate may acquire real property and carry out military

4 construction projects for Forward Deployment Sites in

5 Ecuador, in the amount of $31,229,000, and in Curacao,

6 in the amount of $4,880,000.

7 TITLE XXIV—DEFENSE

8 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. Modification of authority to carry out certain fiscal year 1990

projects.

9 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC10 TION AND LAND ACQUISITION PROJECTS.

11 (a) INSIDE THE UNITED STATES.—Using amounts

12 appropriated pursuant to the authorization of appropria13 tions in section 2405(a)(1), the Secretary of Defense may

14 acquire real property and carry out military construction

15 projects for the installations and locations inside the

16 United States, and in the amounts, set forth in the fol17 lowing table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Education Activity .. Laurel Bay, South Carolina ............. $2,874,000

Marine Corps Base, Camp LeJeune,

North Carolina.

Defense Logistics Agency ..... Defense Distribution New Cumberland—DDSP.$5,000,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

DFSC, Elmendorf Air Force Base,

Alaska.

Eielson Air Force Base, Alaska.

Fairchild Air Force Base, Washington.

Various Locations ............................. $8,900,000

Defense Manpower Data

Center.

Presidio, Monterey, California.

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.

Fort Bragg, North Carolina.

Mississippi Army Ammunition Plant,

Mississippi.

$9,600,000

Naval Amphibious Base, Coronado,

California.

$6,000,000

Tri-Care Management Agency.Andrews Air Force Base, Maryland $3,000,000

Cheatham Annex, Virginia ............... $1,650,000

Davis-Monthan Air Force Base, Arizona.

Fort Lewis, Washington ................... $5,500,000

Fort Riley, Kansas ........................... $6,000,000

Fort Sam Houston, Texas ................ $5,800,000

Fort Wainwright, Alaska .................. $133,000,000

Los Angeles Air Force Base, California.

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

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
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1 United States, and in the amounts, set forth in the fol2 lowing table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity .. Andersen Air Force Base, Guam ..... $44,170,000

Naval Station Rota, Spain ............... $17,020,000

Royal Air Force, Feltwell, United

Kingdom.

$4,570,000

Royal Air Force, Lakenheath,

United Kingdom.

$3,770,000

Defense Logistics Agency ..... Andersen Air Force Base, Guam ..... $24,300,000

Moron Air Base, Spain ..................... $15,200,000

National Security Agency ..... Royal Air Force, Menwith Hill Station, United Kingdom.$500,000

Tri-Care Management Agency.Naval Security Group Activity,

Sabana Seca, Puerto Rico.

$4,000,000

Ramstein Air Force Base, Germany $7,100,000

Royal Air Force, Lakenheath,

United Kingdom.

$7,100,000

Yongsan, Korea ................................ $41,120,000

Total ...................................... $168,850,000

3 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States

6 Code, and using amounts appropriated pursuant to the

7 authorization of appropriation in section 2405(a)(8)(A),

8 the Secretary of Defense may improve existing military

9 family housing units in an amount not to exceed $50,000.

10 SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.

11 Of the amount authorized to be appropriated pursu12 ant to section 2405(a)(8)(C), $78,756,000 shall be avail13 able for credit to the Department of Defense Family

14 Housing Fund established by section 2883(a)(1) of title

15 10, United States Code.
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1 SEC. 2404. ENERGY CONSERVATION PROJECTS.

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2405(a)(6), the Sec4 retary of Defense may carry out energy conservation

5 projects under section 2865 of title 10, United States

6 Code, in the amount of $31,900,000.

7 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE8 FENSE AGENCIES.

9 (a) IN GENERAL.—Funds are hereby authorized to

10 be appropriated for fiscal years beginning after September

11 30, 1999, for military construction, land acquisition, and

12 military family housing functions of the Department of

13 Defense (other than the military departments), in the total

14 amount of $1,019,162,000 as follows:

15 (1) For military construction projects inside the

16 United States authorized by section 2401(a),

17 $94,083,000.

18 (2) For military construction projects outside

19 the United States authorized by section 2401(b),

20 $39,484,000.

21 (3) For unspecified minor construction projects

22 under section 2805 of title 10, Untied States Code,

23 $18,618,000.

24 (4) For contingency construction projects of the

25 Secretary of Defense under section 2804 of title 10,

26 United States Code, $938,000.
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1 (5) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $33,324,000.

4 (6) For Energy Conservation projects author5 ized by section 2404 of this Act, $6,558,000.

6 (7) For base closure and realignment activities

7 as authorized by the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of

9 Public Law 101–510; 10 U.S.C. 2687 note),

10 $705,911,000.

11 (8) For military family housing functions:

12 (A) For improvement of military family

13 housing and facilities, $50,000.

14 (B) For support of military housing (in15 cluding functions described in section 2833 of

16 title 10, United States Code), $41,440,000 of

17 which not more than $35,639,000 may be obli18 gated or expended for the leasing of military

19 family housing units worldwide.

20 (C) For credit to the Department of De21 fense Family Housing Improvement Fund as

22 authorized by section 2403 of this Act,

23 $78,756,000.

24 (b) ADVANCE AUTHORIZATION OF APPROPRIA25 TIONS.—Funds are hereby authorized to be appropriated
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1 for fiscal years beginning after September 30, 2000, as

2 follows:

3 (1) For completion of military construction

4 projects authorized in section 2401, and subject to

5 the same terms, as follows, $337,900,000.

6 (2) For the completion of base closure and re7 alignment activities as authorized by the Defense

8 Base Closure and Realignment Act of 1990 (part A

9 of title XXIX of Public Law 101–510; 10 U.S.C.

10 2687 note), commenced in fiscal year 2000,

11 $577,306,000.

12 (c) ADVANCE AUTHORIZATION OF APPROPRIATIONS

13 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.—Funds are

14 hereby authorized to be appropriated for fiscal years be15 ginning after September 30, 2000, for military construc16 tion and family housing projects authorized for fiscal year

17 2001, as follows:

18 (1) For military construction projects and land

19 acquisition authorized for fiscal year 2001,

20 $789,559,000.

21 (2) For military family housing functions au22 thorized for fiscal year 2001, $43,313,000.

23 (3) For base realignment and closure as author24 ized by the Defense Base Closure and Realignment
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1 Act of 1990 (part A of title XXIX of Public Law

2 101–510; 10 U.S.C. 2687 note), $1,009,329,000.

3 (4) For credit to the Department of Defense

4 Family Housing Improvement Fund, $175,367,000.

5 (d) LIMITATION OF TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variation author7 ized by section 2853 of title 10, United States Code, and

8 any other cost variations authorized by law, the total cost

9 of all projects carried out under section 2401 of this Act

10 may not exceed $557,070,000.

11 TITLE XXV—NORTH ATLANTIC

12 TREATY ORGANIZATION SE13 CURITY INVESTMENT PRO14 GRAM

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

Sec. 2502. Authorization of appropriations, NATO.

Sec. 2503. Advance authorization of appropriations, NATO.

15 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

16 ACQUISITION PROJECTS.

17 The Secretary of Defense may make contributions for

18 the North Atlantic Treaty Organization Security Invest19 ment Program as provided in section 2806 of title 10,

20 United States Code, in an amount not to exceed the sum

21 of the amount authorized to be appropriated for this pur22 pose in section 2502 and the amount collected from the

23 North Atlantic Treaty Organization as a result of con24 struction previously financed by the United States.
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1 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

2 Funds are hereby authorized to be appropriated for

3 fiscal years beginning after September 30, 1999, for con4 tributions by the Secretary of Defense under section 2806

5 of title 10, United States Code, for the share of the United

6 States of the cost of projects for the North Atlantic Treaty

7 Organization Security Investment Program authorized by

8 section 2501, in the amount of $191,000,000.

9 SEC. 2503. ADVANCE AUTHORIZATION OF APPROPRIATIONS

10 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.

11 Funds are hereby authorized to be appropriated for

12 fiscal years beginning after September 30, 2000, for con13 tributions by the Secretary of Defense under section 2806

14 of title 10, United States Code, for the share of the United

15 States of the cost of projects for the North Atlantic Treaty

16 Organization Security Investment Program, in the amount

17 of $198,000,000.

18 TITLE XXVI—GUARD AND

19 RESERVE FORCES FACILITIES

Sec. 2601. Authorized guard and reserve construction and land acquisition

projects

20 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC21 TION AND LAND ACQUISITION PROJECTS.

22 (a) IN GENERAL.—There are authorized to be appro23 priated for fiscal years beginning after September 30,

24 1999, for the costs of acquisition, architectural and engi-
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1 neering services, and construction of facilities for the

2 Guard and Reserve Forces, and for contributions therefor,

3 under chapter 1803 of title 10, United States Code (in4 cluding the cost of acquisition of land for those facilities),

5 the following amounts:

6 (1) For the Department of the Army:

7 (A) For the Army National Guard of the

8 United States, $16,045,000.

9 (B) For the Army Reserve, $23,120,000.

10 (2) For the Department of the Navy, for the

11 Naval and Marine Corps Reserve, $4,933,000.

12 (3) For the Department of the Air Force:

13 (A) For the Air National Guard of the

14 United States, $21,319,000.

15 (B) For the Air Force Reserve,

16 $12,155,000.

17 (b) ADVANCE AUTHORIZATION OF APPROPRIA18 TIONS.—Funds are hereby authorized to be appropriated

19 for fiscal years beginning after September 30, 2000, for

20 completion of military construction projects, authorized by

21 subsection (a), and for other authorized purposes as fol22 lows:

23 (1) For the Department of the Army:

24 (A) For the Army National Guard of the

25 United States, $41,357,000.
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1 (B) For the Army Reserve, $54,506,000.

2 (2) For the Department of the Navy, for the

3 Naval and Marine Corps Reserve, $10,020,000.

4 (3) For the Department of the Air Force:

5 (A) For the Air National Guard of the

6 United States, $51,981,000.

7 (B) For the Air Force Reserve,

8 $15,165,000.

9 (c) ADVANCE AUTHORIZATION OF APPROPRIATIONS

10 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.—Funds are

11 hereby authorized to be appropriated for fiscal years be12 ginning after September 30, 2000, for military construc13 tion projects authorized for fiscal year 2001, as follows:

14 (1) For the Department of the Army:

15 (A) For the Army National Guard of the

16 United States, $48,000,000.

17 (B) For the Army Reserve, $88,388,000.

18 (2) For the Department of the Navy, for the

19 Naval and Marine Corps Reserve, $20,000,000.

20 (3) For the Department of the Air Force:

21 (A) For the Air National Guard of the

22 United States, $56,625,000.

23 (B) For the Air Force Reserve,

24 $20,014,000.
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1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

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

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1996 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1995 projects.

Sec. 2704. Effective date.

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 ex14 pire on the later of—

15 (1) October 1, 2002; or

16 (2) the date for the enactment of an Act au17 thorizing funds for military construction for fiscal

18 year 2003.

19 (b) EXCEPTION.—Subsection (a) shall not apply to

20 authorizations for military construction projects, land ac21 quisition, family housing projects and facilities, and con22 tributions to the North Atlantic Treaty Organization Se-
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1 curity Investment program (and authorizations of appro2 priations therefor), for which appropriated funds have

3 been obligated before the later of—

4 (1) October 1, 2002; or

5 (2) the date of the enactment of an Act author6 izing funds for fiscal year 2003 for military con7 struction projects, land acquisition, family housing

8 projects and facilities; or contributions to the North

9 Atlantic Treaty Organization Security Investment

10 program.

11 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

12 FISCAL YEAR 1997 PROJECTS

13 (a) EXTENSIONS.—Notwithstanding section 2701 of

14 the Military Construction Authorization Act for Fiscal

15 Year 1997 (division B of Public Law 104–201, 110 Stat.

16 2782), authorizations for the projects set forth in the ta17 bles in subsection (b), as provided in sections 2101 and

18 2601 and subsection (a) of section 2202 of that Act, shall

19 remain in effect until October 1, 2000, or the date of the

20 enactment of an Act authorizing funds for military con21 struction for fiscal year 2001, whichever is later.

22 (b) TABLES.—The tables referred to in subsection (a)

23 are as follows:
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Army: Extension of 1997 Project Authorizations

State Installation or location Project Amount

Colorado ............. Pueblo Army Depot .... Ammunition Demilitarization Facility.$179,000,000

Navy: Extension of 1997 Project Authorizations

State Installation or location Project Amount

Florida ............... Mayport ...................... FH New Construction—100 Units.$10,000,000

Maine ................. Brunswick ................... FH Replacement Construction, PhI—72

Units.

$10,925,000

North Carolina .. Camp Lejuene ............. FH New Construction—94 Units.$10,110,000

South Carolina .. Beaufort ...................... FH New Construction—140 Units.$14,000,000

Texas ................. Corpus Christi ............ FH Replacement Construction—104

Units.

$11,675,000

Kingsville .................... FH Replacement Construction, Ph I—48

Units.

$7,550,000

Washington ........ Everett ........................ FH New Construction—100 Units.$15,015,000

Army National Guard: Extension of 1997 Project Authorizations

State Installation or location Project Amount

Mississippi ......... Camp Shelby ............... Multi-Purpose Range

(PHII).

$5,000,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1996 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 1996 (division B of Public Law 104–106, 110 Stat.

6 541), authorizations for the projects set forth in the tables

7 in subsection (a) as provided in section 2202 and sub8 section (b), as provided in section 2601 of that Act, shall

9 remain in effect until October 1, 2000, or the date of the
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1 enactment of an Act authorizing funds for military con2 struction for fiscal year 2001, whichever is later.

3 (b) TABLES.—The tables referred to in subsection (a)

4 are as follows:

Navy: Extension of 1996 Project Authorizations

State Installation or location Project Amount

California ........... Camp Pendleton ......... FH Construction—138

Units.

$20,000,000

Army National Guard: Extension of 1996 Project Authorizations

State Installation or location Project Amount

Missouri ............. Jefferson City ............. Baffled Range ............. $2,236,000

5 SEC. 2704. EFFECTIVE DATE.

6 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

7 shall 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

15 SEC. 2801. LIMITATION ON CERTAIN PROJECTS; AUTHOR16 ITY TO CARRY OUT SMALL PROJECTS WITH

17 OPERATION AND MAINTENANCE FUNDS.

18 (a) UNSPECIFIED MINOR CONSTRUCTION FUNDS

19 FOR LIFE, HEALTH, OR SAFETY THREATS.—Subsection
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1 (a)(2) of Section 18233a of title 10, United States Code,

2 is amended by adding the following subparagraph (C) at

3 the end thereof:

4 ‘‘(C) Minor construction projects that have an ap5 proved cost equal to or less than $3,000,000, provided

6 that they are intended solely to correct a deficiency that

7 is life-threatening, health-threatening, or safety-threat8 ening.’’.

9 (b) OPERATION AND MAINTENANCE FUNDS FOR

10 LIFE, HEALTH, OR SAFETY THREATS.—Paragraph (b) of

11 Section 18233a of title 10, United States Code, is amend12 ed by inserting the following at the end thereof: ‘‘For

13 projects intended solely to correct a deficiency that is life

14 threatening, health-threatening, or safety-threatening,

15 $1,000,000 or less may be spent from available operations

16 and maintenance appropriations.’’.

17 SEC. 2802. PLANNING AND DESIGN FUNDS FOR MILITARY

18 CONSTRUCTION PROJECTS.

19 Subsection (f)(1) of Section 18233 of title 10, United

20 States Code is amended by inserting ‘‘and design’’ imme21 diately following ‘‘planning’’.
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1 Subtitle B—Real Property and

2 Facilities Administration

3 SEC. 2803. UTILITY PRIVATIZATION.

4 Section 2688 of title 10, United States Code, is

5 amended by adding at the end the following new para6 graphs:

7 ‘‘(i) EXTENDED CONTRACTS FOR UTILITY SERV8 ICES.—Notwithstanding section 201(a)(3) of the Federal

9 Property and Administrative Services Act (40 U.S.C.

10 481(a)(3)), the Secretary may, in connection with a con11 veyance of a utility system under this section, enter into

12 a contract for utility services for a period not to exceed

13 fifty years.

14 ‘‘(j) FUNDING SOURCES.—Any Military Construction

15 funds authorized and appropriated for a construction, re16 pair, or replacement project of a utility system may be

17 used, in place of such construction, repair, or replacement

18 project, to facilitate the conveyance of such utility system

19 under this section. Facilitating the conveyance of a utility

20 system shall only consist of contributing to the cost of con21 struction, repair, or replacement of the utility system by

22 the entity to which it is being conveyed. Any such con23 tribution shall be considered in the economic analysis re24 quired under subsection (e)(1).’’.
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1 SEC. 2804. AUTHORITY TO CARRY OUT FORMER MILITARY

2 HOUSING PRIVATIZATION PROJECTS WITH

3 FUNDS TRANSFERRED TO FAMILY HOUSING

4 CONSTRUCTION.

5 (a) IN GENERAL.—Subchapter II of Chapter 169,

6 title 10, United States Code, is amended by inserting after

7 section 2837 the following new section:

8 ‘‘§ 2838. Authority to carry out former military hous9 ing privatization projects

10 ‘‘(a) AUTHORITY.—Subject to subsection (b), the

11 Secretary concerned may construct or acquire family hous12 ing units (including land acquisition) not otherwise au13 thorized if (1) Congress had previously appropriated funds

14 into the Family Housing Improvement Fund established

15 by section 2883(a)(1) of this title, for such housing units

16 and (2) funds for such units have been transferred, pursu17 ant to authority provided in an appropriations Act, from

18 the Family Housing Improvement Fund into a Family

19 Housing account.

20 ‘‘(b) CONGRESSIONAL NOTIFICATION.—When a deci21 sion is made to construct or acquire family housing units

22 under this section, the Secretary concerned shall submit

23 a report in writing to the appropriate committees of Con24 gress on that decision. Each such report shall include (1)

25 the justification for the housing project and the current

26 estimate of the cost of the project; and (2) the justification
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1 for carrying out the housing project under this section as

2 opposed to under the Military Housing Privatization Ini3 tiative (10 U.S.C. §§ 2871–2885). The housing project

4 may then be carried out only after the end of the 21-day

5 period beginning on the date the notification is received

6 by such committees.’’.

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

8 at the beginning of such Subchapter is amended by insert9 ing after the item relating to section 2837 the following

10 new item:

‘‘2838. Authority to Carry Out Former Military Housing Privatization

Projects.’’.

11 SEC. 2805. PILOT PROJECT FOR THE IMPROVEMENT AND

12 OPERATING SUPPORT OF FORD ISLAND, HA13 WAII.

14 (a) AUTHORITIES.—In order to develop Ford Island

15 the Secretary of the Navy is authorized, in accordance

16 with the terms of this section, to—

17 (1) enter into leases of real and personal prop18 erty under the jurisdiction of the Navy in the State

19 of Hawaii upon such terms as the Secretary of the

20 Navy considers appropriate, subject to the limita21 tions of 10 U.S.C. 2667(b)(1);

22 (2) sell or exchange real or personal property

23 under the jurisdiction of the Navy in the State of
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1 Hawaii, and to acquire interests in land incident to

2 such sales or exchanges;

3 (3) accept the construction of facilities and

4 military housing units on Ford Island;

5 (4) use for such purposes funds in the Pearl

6 Harbor Account or funds appropriated to the De7 partment of the Navy; and

8 (5) enter into leases and pay rent for facilities

9 constructed under this section which leases may be

10 operating leases for no more than twenty years un11 less the Secretary of Defense determines that a

12 longer term is appropriate.

13 (b) LEASES.—(1) The Secretary of the Navy may

14 enter into a lease after finding that the lease will provide

15 appropriate benefits to the Navy and the use of the prop16 erty by the lessee will be compatible with the mission of

17 the Navy.

18 (2) A lease under this section shall comply with 10

19 U.S.C. 2667(b)(1).

20 (3) Payments for utilities and services furnished les21 sees pursuant to leases may be credited to the account

22 from which the cost of furnishing the utilities and services

23 was paid.

24 (4) Leases may include a right-of-first-refusal in the

25 lessee to acquire title to the leased premises.
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1 (5) The term ‘‘lease’’ means a written lease entered

2 into under this section.

3 (c) CONSIDERATION.—(1) Consideration for leases,

4 sales and exchanges under this section shall be not less

5 than the fair value as determined by the Secretary of the

6 Navy. Consideration may be in cash or in kind.

7 (2) Consideration in kind may include the provision

8 on Ford Island of facilities and related services, the con9 struction on Ford Island of facilities (including military

10 housing units), or the improvement, protection, repair,

11 restoration, or operating support of any property on Ford

12 Island.

13 (d) COMPETITION.—The Secretary of the Navy shall

14 use competitive procedures in the selection of a lessee or

15 purchaser under this section, unless the Secretary of the

16 Navy, with the concurrence of the Secretary of Defense,

17 determines that deviation from those procedures is nec18 essary to accomplish the purposes of the project. The Sec19 retary of the Navy shall not delegate the authority to ap20 prove a deviation from competition below the level of a

21 civilian employee of the Department of the Navy appointed

22 by the President with the advice and consent of the Sen23 ate.

24 (e) NOTIFICATION.—(1) The Secretary of the Navy

25 shall notify the defense committees 30 days prior to
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1 issuing a solicitation for a lease, sale or exchange under

2 this section.

3 (2) The Secretary of the Navy shall notify the defense

4 committees 30 days prior to entering into a lease, sale or

5 exchange under this section.

6 (f) THE ACCOUNT.—(1) There is established on the

7 books of the Treasury an account to be known as the Pearl

8 Harbor Account.

9 (2) There shall be deposited into the account (A)

10 funds appropriated to the account, and (B) proceeds of

11 leases and sales under this section.

12 (3) To the extent provided in advance in appropria13 tion acts, funds in the account may be used to carry out

14 the authority of the Secretary of the Navy under this sec15 tion and for improvements and operating support of Ford

16 Island.

17 (4) The account shall remain available until it is

18 closed under section 1555 title 31 United States Code.

19 (5) To the extent provided in appropriation acts, the

20 Secretary of the Navy may transfer funds from this ac21 count to the Department of Defense Family Housing Im22 provement Fund and the Department of Defense Military

23 Unaccompanied Housing Improvement Fund to carry out

24 the privatization of military housing at Ford Island in ac-
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1 cordance with the Military Housing Privatization Initia2 tive (10 U.S.C. 2871 et seq.).

3 (g) EXEMPTIONS.—Leases, sales and exchanges

4 under this section shall not be subject to the following:

5 (1) All provisions of the Military Leasing Stat6 ute (10 U.S.C. 2667), except Section 2667(b)(1).

7 (2) The Stewart B. McKinney Homeless Assist8 ance Act (42 U.S.C. 11411).

9 (3) The Randolph Shepard Act (20 U.S.C. 107

10 et seq.).

11 (4) The Federal Property and Administrative

12 Services Act (40 U.S.C. 483 & 484).

13 (5) The screening requirement of section 2696

14 of title 10, United States Code.

15 (h) SCORING.—Nothing in this section shall be con16 strued to waive the budget score keeping guidelines used

17 to measure compliance with the Balanced Budget Emer18 gency Deficit Control Act of 1985, as amended, for leases

19 entered into pursuant to the authorization provided in this

20 section.
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1 Subtitle C—Defense Base Closure

2 and Realignment

3 SEC. 2806. ESTABLISHMENT OF ENVIRONMENTAL RES4 TORATION ACCOUNTS FOR BASE CLOSURE

5 INSTALLATIONS AND FORMERLY USED DE6 FENSE SITES.

7 (a) ENVIRONMENTAL RESTORATION ACCOUNT FOR

8 FORMERLY USED DEFENSE SITES.—Section 2703 of title

9 10, United States Code, is amended by adding at the end

10 of subsection (a) the following new paragraph (5):

(5) An account to be known as the ‘‘Environmental Restoration Account, Formerly Used Defense Sites.’’.

11 (b) ENVIRONMENTAL RESTORATION ACCOUNT FOR

12 BASE CLOSURE INSTALLATIONS.—Section 2703 of title

13 10, United States Code, is amended—

14 (1) by adding at the end of subsection (a) the

15 following new paragraph (6):

16 ‘‘(6) An account to be known as the ‘‘Environmental

17 Restoration Account, Base Realignment and Closure.’’;

18 and

19 (2) by adding at the end the following new sub20 sections:

21 ‘‘(f) BASE REALIGNMENT AND CLOSURE AC22 COUNT.—The Environmental Restoration Account, Base

23 Realignment and Closure shall be the exclusive source of

24 funds for carrying out environmental restoration and miti-
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1 gation activities required as the result of a closure or re2 alignment of a military installation pursuant to a base clo3 sure law.

4 ‘‘(g) BASE CLOSURE LAW DEFINED.—For purposes

5 of this section, the term ‘‘base closure law’’ means the fol6 lowing:

7 ‘‘(1) The Defense Base Closure and Realign8 ment Act of 1990, as amended (Div. B. title XXIX

9 of Public Law 101–510; 10 U.S.C. § 2687 note).

10 ‘‘(2) Title II of the Defense Authorization

11 Amendments and Base Closure and Realignment

12 Act, as amended (Public Law 100–526; 10 U.S.C.

13 § 2687 note).’’.

14 (c) TRANSFER OF FUNDS.—The Secretary of De15 fense may transfer from the Department of Defense Base

16 Closure Account 1990, established in section 2906 of the

17 Defense Base Closure and Realignment Act of 1990, as

18 amended (Div. B. title XXIX of Public Law 101–510; 10

19 U.S.C. § 2687 note), into the Environmental Restoration

20 Account, Base Realignment and Closure, established in

21 subsection (b) of this provision, such amounts as he deter22 mines to be necessary in order to carry out activities de23 scribed in subsection 2703(f) of title 10, United States

24 Code, as added by this section.
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1 (d) FUNDING OF ADMINISTRATIVE EXPENSES AND

2 TECHNICAL ASSISTANCE.—Section 2705(g) is amended to

3 read as follows:

4 ‘‘(g) FUNDING.—(1) Except as provided in para5 graph (2), the accounts established in section 2703(a)

6 shall be available for administrative expenses and technical

7 assistance under this section.

8 ‘‘(2) In the case of an installation approved for re9 alignment or closure under a base closure law, to the ex10 tent that such base closure law provides for the funding

11 of environmental restoration costs at such installation

12 from an account established for purposes of carrying out

13 base realignments and closures, such account shall also

14 be available for administrative expenses and technical as15 sistance under this section with respect to such installa16 tion.’’.

17 (e) CONFORMING AMENDMENT.—Section 2906(e) of

18 the Defense Base Closure and Realignment Act of 1990,

19 as amended (Div. B. title XXIX of Public Law 101–510;

20 10 U.S.C. § 2687 note) is repealed.

21 (f) EFFECTIVE DATE.—This section shall take effect

22 upon enactment, except that subsections (b), (c), and (e)

23 shall become effective on October 1, 2000.

Æ