I

106TH CONGRESS

1ST SESSION H. R. 1401

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 HOUSE OF REPRESENTATIVES

APRIL 14, 1999

Mr. SPENCE (for himself and Mr. SKELTON) (both by request) introduced the

following bill; which was 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.

TITLE I—PROCUREMENT
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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 the Army and the 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

Subtitle A—Officer Personnel Policy
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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 nonregular 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. Air University; graduate-level degrees.

Sec. 526. 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

Sec. 601. Increase in basic pay for fiscal year 2000.

Subtitle B—Bonuses and Special and Incentive Pays
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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 a 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

Sec. 701. Administration of health care contracts and programs.

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

CHAMPUS beneficiaries.
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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—Organization

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

Nuclear and Chemical and Biological Defense Programs.

Sec. 902. Modification of the 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. Eligibility for Presidential appointment to a service academy; to include children of Reserve personnel and certain active duty personnel.

Sec. 906. Reimbursement of expenses for instruction at service academies of

persons from foreign countries.

Sec. 907. Service Academy Foreign Exchange Program.

Subtitle C—Personnel Management

Sec. 910. Exemption of retiree council members from recalled retiree limits.

Subtitle C—Other Matters

Sec. 915. Vessels stricken from naval register, captures.

Sec. 916. Leases: Land for special operations activities; extension of authority.

Sec. 917. To consolidate various Department of the Navy trust and gift funds.
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Sec. 918. Use of burden-sharing funds for construction in the event of war or

national emergency.

Sec. 919. 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.

Subtitle B—Foreign Nations

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

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. National Guard Challenge Program.

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 1997

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.
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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

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 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.

Subtitle C—Defense Base Closure and Realignment

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

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

11 appropriated for procurement of missiles for the Army as

12 follows:

13 (1) $1,358,104,000 for fiscal year 2000.

14 (2) $1,413,287,000 for fiscal year 2001.

15 (c) WEAPONS AND TRACKED COMBAT VEHICLES.—

16 Funds are hereby authorized to be appropriated for pro17 curement of weapons and tracked combat vehicles for the

18 Army as follows:

19 (1) $1,416,765,000 for fiscal year 2000.

20 (2) $1,499,762,000 for fiscal year 2001.

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

22 be appropriated for procurement for ammunition for the

23 Army as follows:

24 (1) $1,140,816,000 for fiscal year 2000.

25 (2) $1,256,928,000 for fiscal year 2001.
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1 (e) OTHER PROCUREMENT.—Funds are hereby au2 thorized to be appropriated for procurement for ammuni3 tion for the Army as follows:

4 (1) $3,423,870,000 for fiscal year 2000.

5 (2) $4,050,455,000 for fiscal year 2001.

6 SEC. 102. NAVY AND MARINE CORPS.

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

8 appropriated for procurement of aircraft for the Navy as

9 follows:

10 (1) $8,228,655,000 for fiscal year 2000.

11 (2) $8,010,880,000 for fiscal year 2001.

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

13 appropriated for procurement of weapons (including mis14 siles and torpedoes) for the Navy as follows:

15 (1) $1,357,400,000 for fiscal year 2000.

16 (2) $1,559,200,000 for fiscal year 2001.

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

18 are hereby authorized to be appropriated for ammunition

19 for the Navy and Marine Corps as follows:

20 (1) $484,900,000 for fiscal year 2000.

21 (2) $479,800,000 for fiscal year 2001.

22 (d) SHIPBUILDING AND CONVERSION.—Funds are

23 hereby authorized to be appropriated for shipbuilding and

24 conversion for the Navy as follows:

25 (1) $6,678,454,000 for fiscal year 2000.
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1 (2) $12,225,660,000 for fiscal year 2001.

2 (e) OTHER PROCUREMENT, NAVY.—Funds are here3 by authorized to be appropriated for other procurement

4 for the Navy as follows:

5 (1) $4,100,091,000 for fiscal year 2000.

6 (2) $3,640,153,000 for fiscal year 2001.

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

8 be appropriated for procurement for the Marine Corps as

9 follows:

10 (1) $1,137,220,000 for fiscal year 2000.

11 (2) $1,129,880,000 for fiscal year 2001.

12 SEC. 103. AIR FORCE.

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

14 appropriated for procurement of aircraft for the Air Force

15 as follows:

16 (1) $9,302,086,000 for fiscal year 2000.

17 (2) $9,923,117,000 for fiscal year 2001.

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

19 appropriated for procurement of missiles for the Air Force

20 as follows:

21 (1) $2,359,608,000 for fiscal year 2000.

22 (2) $3,337,205,000 for fiscal year 2001.

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

24 be appropriated for ammunition for the Air Force as fol25 lows:
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1 (1) $419,537,000 for fiscal year 2000.

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

3 (d) OTHER PROCUREMENT.—Funds are hereby au4 thorized to be appropriated for other procurement for the

5 Air Force as follows:

6 (1) $7,085,177,000 for fiscal year 2000.

7 (2) $7,399,048,000 for fiscal year 2001.

8 SEC. 104. DEFENSE-WIDE ACTIVITIES.

9 Funds are hereby authorized to be appropriated for

10 Defense-wide procurement as follows:

11 (1) $2,128,967,000 for fiscal year 2000.

12 (2) $2,911,556,000 for fiscal year 2001.

13 SEC. 105. DEFENSE INSPECTOR GENERAL.

14 Funds are hereby authorized to be appropriated for

15 procurement for the Inspector General of the Department

16 of Defense as follows:

17 (1) $2,100,000 for fiscal year 2000.

18 (2) $2,100,000 for fiscal year 2001.

19 SEC. 106. DEFENSE HEALTH PROGRAM.

20 Funds are hereby authorized to be appropriated for

21 procurement for carrying out health care programs,

22 projects, and activities of the Department of Defense as

23 follows:

24 (1) $356,970,000 for fiscal year 2000.

25 (2) $363,149,000 for fiscal year 2001.
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1 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

2 Funds are hereby authorized to be appropriated for

3 the destruction of lethal chemical weapons in accordance

4 with section 1412 of the Department of Defense Author5 ization Act, 1986 (50 U.S.C. 1521) and the destruction

6 of chemical warfare material of the United States that is

7 not covered by section 1412 of such Act as follows:

8 (1) $1,169,000,000 for fiscal year 2000.

9 (2) $986,000,000 for fiscal year 2001.

10 Subtitle B—Multi-Year Contract

11 Authorizations

12 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

13 Multi-year contracts may be entered into in accord14 ance with section 2306 of title 10, United States Code,

15 as follows:

16 (1) For the Army:

17 (A) Longbow Apache Helicopter;

18 (B) Javelin Missile;

19 (C) MLRS Rocket Launcher;

20 (D) Abrams M1A2 Upgrade; and

21 (E) Bradley M2A3 Vehicle.

22 (2) For the Navy: F/A–18E/F Aircraft.
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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 for research, development, test, and

8 evaluation, as follows:

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

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

11 (3) For the Air Force, $13,077,829,000.

12 (4) For Defense-wide activities,

13 $8,887,180,000, of which—

14 (A) $253,457,000 is authorized for the ac15 tivities of the Director, Test and Evaluation;

16 and

17 (B) $24,434,000 is authorized for the Di18 rector of Operational Test and Evaluation.

19 (b) FISCAL YEAR 2001.—Funds are hereby author20 ized to be appropriated for fiscal year 2001 for the use

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

22 evaluation, as follows:

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

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

25 (3) For the Air Force, $12,756,201,000.
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1 (4) For Defense-wide activities,

2 $8,807,157,000, of which—

3 (A) $253,523,000 is authorized for the ac4 tivities of the Director, Test and Evaluation;

5 and

6 (B) $24,004,000 is authorized for the Di7 rector of Operational Test and Evaluation.

8 TITLE III—OPERATION AND

9 MAINTENANCE

10 Authorization of Appropriations

11 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

12 (a) FISCAL YEAR 2000.—Funds are hereby author13 ized to be appropriated for fiscal year 2000 for the use

14 of the Armed Forces of the United States and other activi15 ties and agencies of the Department of Defense, for ex16 penses, not otherwise provided for, for operation and

17 maintenance, in amounts as follows:

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

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

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

21 (4) For the Air Force, $20,363,203,000.

22 (5) For Defense-wide activities,

23 $11,419,233,000.

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

25 (7) For the Naval Reserve, $917,647,000.
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1 (8) For the Marine Corps Reserve,

2 $123,266,000.

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

4 (10) For the Army National Guard,

5 $2,903,549,000.

6 (11) For the Air National Guard,

7 $3,099,618,000.

8 (12) For the Defense Inspector General,

9 $138,744,000.

10 (13) For the United States Court of Appeals

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

12 (14) For Environmental Restoration, Army,

13 $378,170,000.

14 (15) For Environmental Restoration, Navy,

15 $284,000,000.

16 (16) For Environmental Restoration, Air Force,

17 $376,800,000.

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

20 (18) For Environmental Restoration, Formerly

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

22 (19) For Overseas Humanitarian, Disaster, and

23 Civic Aid, $55,800,000.

24 (20) For Drug Interdiction and Counter-drug

25 Activities, Defense-wide, $788,100,000.
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1 (21) For the Kaho’olawe Island Conveyance,

2 Remediation, and Environmental Restoration Trust

3 Fund, $15,000,000.

4 (22) For the Defense Health Program,

5 $10,477,687,000.

6 (23) For Cooperative Threat Reduction Pro7 grams, $475,500,000.

8 (24) For the Overseas Contingency Operations

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

10 (25) For Quality of Life Enhancements, De11 fense, $1,845,370,000.

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 ex16 penses, not otherwise provided for, for operation and

17 maintenance, in amounts as follows:

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

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

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

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

22 (5) For the Defense Agencies,

23 $11,421,023,000.

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

25 (7) For the Naval Reserve, $888,701,000.
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1 (8) For the Marine Corps Reserve,

2 $129,890,000.

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

4 (10) For the Army National Guard,

5 $3,042,568,000.

6 (11) For the Air National Guard,

7 $3,251,166,000.

8 (12) For the Defense Inspector General,

9 $144,375,000.

10 (13) For the United States Court of Appeals

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

12 (14) For Environmental Restoration, Army,

13 $382,890,000.

14 (15) For Environmental Restoration, Navy,

15 $296,000,000.

16 (16) For Environmental Restoration, Air Force,

17 $379,300,000.

18 (17) For Environmental Restoration, Defense19 wide, $23,412,000.

20 (18) For Environmental Restoration, Formerly

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

22 (19) For Overseas Humanitarian, Disaster, and

23 Civic Aid, $64,900,000.

24 (20) For Drug Interdiction and Counter-drug

25 Activities, Defense-wide, $769,600,000.
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1 (21) For the Defense Health Program,

2 $10,908,030,000.

3 (22) For Cooperative Threat Reduction Pro4 grams, $501,000,000.

5 (23) For the Overseas Contingency Operations

6 Transfer Fund, $1,295,000,000.

7 SEC. 302. WORKING CAPITAL FUNDS.

8 (a) FISCAL YEAR 2000.—Funds are hereby author9 ized to be appropriated for fiscal year 2000 for the use

10 of the Armed Forces of the United States and other activi11 ties and agencies of the Department of Defense for pro12 viding capital for working capital and revolving funds in

13 amounts as follows:

14 (1) For the Defense Working Capital Funds,

15 $90,344,000.

16 (2) For the National Defense Sealift Fund,

17 $354,700,000.

18 (b) FISCAL YEAR 2001.—Funds are hereby author19 ized to be appropriated for fiscal year 2001 for the use

20 of the Armed Forces of the United States and other activi21 ties and agencies of the Department of Defense for pro22 viding capital for working capital and revolving funds, in

23 amounts as follows:

24 (1) For the Defense Working Capital Funds,

25 $390,408,000.
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1 (2) For the National Defense Sealift Fund,

2 $377,600,000.

3 SEC. 303. ARMED FORCES RETIREMENT HOME.

4 There is hereby authorized to be appropriated from

5 the Armed Forces Retirement Home Trust Fund for the

6 operation of the Armed Forces Retirement Home, includ7 ing the United States Soldiers’ and Airmens’ Home and

8 the Naval Home, as follows:

9 (1) $68,295,000 for fiscal year 2000.

10 (2) $68,000,000 for fiscal year 2001.

11 SEC. 304. TRANSFER FROM THE NATIONAL DEFENSE

12 STOCKPILE TRANSACTION FUND.

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

14 in appropriations Acts:

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

16 to be transferred from the National Defense Stock17 pile Transaction Fund to operation and maintenance

18 accounts for fiscal year 2000 in amounts as follows:

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

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

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

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

23 Year 2000 National Defense Stockpile Sales is au24 thorized to be transferred from the National Defense

25 Stockpile Transaction Fund to Defense Working
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1 Capital Funds to finance the cost of operations of

2 the Defense Reutilization and Marketing Service.

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

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

6 the same purposes and the same period as, the

7 amounts in the accounts to which transferred; and

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

9 been denied authorization of appropriations by Con10 gress.

11 SEC. 305. AUTHORITY TO FUND INSPECTOR EXPENSES

12 FROM THE ORGANIZATION FOR THE PROHI13 BITION OF CHEMICAL WEAPONS.

14 (a) IN GENERAL.—Subchapter II of Chapter 138,

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

16 end the following new section:

17 ‘‘§ 2350l. Expenses of inspectors from the Organiza18 tion for the Prohibition of Chemical

19 Weapons

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

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

22 the Technical Secretariat of the Organization for the Pro23 hibition of Chemical Weapons.

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

25 they must be related to the conduct of the inspection and
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1 continuous monitoring of Department of Defense sites (in2 cluding United States Government contractor and former

3 contractor sites) performed under the Chemical Weapons

4 Convention. Such expenses may include the following—

5 ‘‘(1) salary costs for performance of inspection

6 and monitoring duties;

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

8 point of entry into the United States and internal

9 United States travel;

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

11 rates and to be in compliance with United Nations

12 conditions for per diem for that organization; and

13 ‘‘(4) expenses for operations and maintenance

14 of inspection and monitoring equipment.

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

16 authorized under this section in advance and may pay

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

18 (b) CLERICAL AMENDMENT.—The table of section

19 for such Subchapter II is amended by adding at the end

20 the following new item:

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

Chemical Weapons.’’.
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1 TITLE IV—PERSONNEL

2 AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 (a) FISCAL YEAR 2000.—The Armed Forces are au6 thorized strengths for active duty personnel as of Sep7 tember 30, 2000, as follows:

8 (1) The Army, 480,000.

9 (2) The Navy, 371,781.

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

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

12 (b) FISCAL YEAR 2001.—The Armed Forces are au13 thorized strengths for active duty personnel as of Sep14 tember 30, 2001, as follows:

15 (1) The Army, 480,000.

16 (2) The Navy, 371,299.

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

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

19 Subtitle B—Reserve Forces

20 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

21 (a) FISCAL YEAR 2000.—The Armed Forces are au22 thorized strengths for Selected Reserve personnel of the

23 reserve components as of September 30, 2000, as follows:

24 (1) The Army National Guard of the United

25 States, 350,000.
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1 (2) The Army Reserve, 205,000.

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

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

4 (5) The Air National Guard of the United

5 States, 106,678.

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

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

8 (b) FISCAL YEAR 2001.—The Armed Forces are au9 thorized strengths for Selected Reserve personnel of the

10 reserve components as of September 30, 2001, as follows:

11 (1) The Army National Guard of the United

12 States, 350,000.

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

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

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

16 (5) The Air National Guard of the United

17 States, 106,663.

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

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

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

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

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

23 (d) ADJUSTMENTS.—The end strengths prescribed by sub24 section (a) or (b) for the Selected Reserve of any reserve

25 component shall be proportionately reduced by—
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1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of

3 such component which are on active duty (other

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

5 (2) the total number of individual members not

6 in units organized to serve as units of the Selected

7 Reserve of such component who are on active duty

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end

10 of the fiscal year.

11 Whenever such units or such individual members are re12 leased from active duty during any fiscal year, the end

13 strength prescribed for such fiscal year for the Selected

14 Reserve of such reserve component shall be proportion15 ately increased by the total authorized strengths of such

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

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

18 DUTY IN SUPPORT OF THE RESERVES.

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

20 prescribed in section 411(a), the reserve components of

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

22 2000, the following number of Reserves to be serving on

23 full-time active duty or full-time duty, in the case of mem24 bers of the National Guard, for the purpose of organizing,
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1 administering, recruiting, instructing, or training the re2 serve components:

3 (1) The Army National Guard of the United

4 States, 21,807.

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

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

7 (4) The Marine Corps Reserve, 2,272.

8 (5) The Air National Guard of the United

9 States, 11,091.

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

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

12 prescribed in section 411(b), the reserve components of

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

14 2001, the following number of Reserves to be serving on

15 full-time active duty or full-time duty, in the case of mem16 bers of the National Guard, for the purpose of organizing,

17 administering, recruiting, instructing, or training the re18 serve components:

19 (1) The Army National Guard of the United

20 States, 21,807.

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

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

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

24 (5) The Air National Guard of the United

25 States, 11,041.
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1 (6) The Air Force Reserve, 1,078.

2 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

3 (DUAL STATUS).

4 (a) FISCAL YEAR 2000.—The minimum number of

5 military technicians (dual status) as of the last day of fis6 cal year 2000 for the reserve components of the Army and

7 the Air Force (notwithstanding section 129 of title 10,

8 United States Code) shall be the following:

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

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

11 States, 21,361.

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

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

14 States, 22,247.

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

16 military technicians (dual status) as of the last day of fis17 cal year 2001 for the reserve components of the Army and

18 the Air Force (notwithstanding section 129 of title 10,

19 United States Code) shall be the following:

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

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

22 States, 21,465.

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

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

25 States, 22,137.
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1 SEC. 414. END STRENGTHS FOR MILITARY TECHNICIANS

2 (NON-DUAL STATUS).

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

4 the Army and the Air Force are authorized a maximum

5 strength for non-dual status technicians as of September

6 30, 2000, as follows:

7 (1) For the Army Reserve, 1,295.

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

9 States, 1,800.

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

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

12 States, 342.

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

14 the Army and the Air Force are authorized a maximum

15 strength for non-dual status technicians as of September

16 30, 2001, as follows:

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

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

19 States, 1,636.

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

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

22 States, 342.
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1 SEC. 415. INCREASE IN NUMBER OF MEMBERS IN CERTAIN

2 GRADES AUTHORIZED TO SERVE ON ACTIVE

3 DUTY IN SUPPORT OF THE RESERVES.

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

5 10, United States Code, is amended to read as follows:

Grade Army Navy Air Force Marine

Corps

Major or Lieutenant Commander ............................... 3,219 1,071 843 140

Lieutenant Colonel or Commander ............................... 1,595 520 746 90

Colonel or Navy Captain ....... 471 188 297 30

6 (b) SENIOR ENLISTED MEMBERS.—The table in sec7 tion 12012(a) of title 10, United States Code, is amended

8 to read as follows:

Grade Army Navy Air Force Marine

Corps

E–9 ........................................ 645 202 403 20

E–8 ........................................ 2,585 429 1,029 94

9 Subtitle C—End and Grade

10 Strength Management

11 SEC. 416. PERMANENT END STRENGTH LEVELS TO SUP12 PORT TWO MAJOR REGIONAL CONTIN13 GENCIES.

14 Section 691(c), title 10, United States Code, that re15 quires the Armed Forces to fund military end strength at
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1 a minimum level as described in subsection 691(b), is

2 amended to read as follows:

3 ‘‘(c) No funds appropriated to the Department of De4 fense may be used to implement a reduction of the active

5 duty end strength for any of the armed forces for any fis6 cal year below the level specified in subsection (b) unless

7 the Secretary of Defense submits to Congress notice of

8 the proposed lower end strength levels and a justification

9 for those levels. This justification can be submitted con10 current with annual budget submissions.’’.

11 SEC. 417. PERMANENT SELECTED RESERVE END

12 STRENGTH WAIVER AUTHORITY.

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

14 amended—

15 (1) by striking the ‘‘and’’ at the end of para16 graph (1);

17 (2) by striking the period at the end of para18 graph (2) and inserting in lieu thereof ‘‘; and’’ and;

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

20 paragraph:

21 ‘‘(3) increase the end strength authorized pur22 suant to section (a)(2) for a fiscal year for any of

23 the armed forces by a number equal to not more

24 than 2 percent of that end strength.’’.
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1 SEC. 418. SENIOR JOINT OFFICER POSITIONS EXEMPTED

2 FROM NUMERICAL LIMITATIONS; PERMA3 NENT AUTHORITIES.

4 (a) PERMANENT EXEMPTION AUTHORITY.—Para5 graph (5) of section 525(b) of title 10, United States

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

7 (b) PERMANENT REQUIREMENT FOR MILITARY DE8 PARTMENT SUBMISSIONS FOR CERTAIN JOINT DUTY.—

9 Section 604 of such title 10 is amended by striking sub10 section (c).

11 SEC. 419. AIR FORCE OFFICER AUTHORIZATIONS.

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

13 amended by adding the following new subsection:

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

15 other than the Air Force fills the position of Commander

16 in Chief, United States Transportation Command, an offi17 cer while filling the position of Commander, Air Mobility

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

19 to the number that would otherwise be permitted for the

20 Air Force for officers serving on active duty in grades

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

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

23 other than the Air Force fills the position of Commander

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

25 filling the position of Commander, Air Force Space Com26 mand, if serving in the grade of general, is in addition
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1 to the number that would otherwise be permitted for the

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

3 above major general under subsection (b)(1).’’.

4 TITLE V—MILITARY PERSONNEL

5 POLICY

6 Subtitle A—Officer Personnel

7 Policy

8 SEC. 501. OFFICERS ELIGIBLE TO SERVE ON BOARDS OF IN9 QUIRY.

10 (a) AUTHORIZATION FOR ACTIVE DUTY OFFICERS IN

11 PAY GRADES OF LIEUTENANT COLONEL OR COMMANDER

12 TO SERVE ON BOARDS OF INQUIRY.—Section 1187(a)(2),

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

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

15 grade above lieutenant colonel or commander’’; and

16 (2) by inserting, immediately after the first sen17 tence, the following two sentences: ‘‘Further, at least

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

19 lieutenant colonel or commander. The remaining

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

21 or lieutenant commander.’’.

22 (b) AUTHORIZATION FOR RETIRED OFFICERS IN PAY

23 GRADES OF LIEUTENANT COLONEL OR COMMANDER TO

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

25 title 10, United States Code, is amended—
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1 (1) by striking from the first sentence, ‘‘above

2 lieutenant colonel or commander and whose retired

3 grade is’’; and

4 (2) by inserting, immediately after the first sen5 tence, the following two sentences: ‘‘Further, at least

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

7 lieutenant colonel or commander. The remaining

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

9 or lieutenant commander.’’.

10 (c) AUTHORIZATION FOR OFFICERS IN PAY GRADES

11 OF LIEUTENANT COLONEL OR COMMANDER TO SERVE

12 ON BOARDS OF INQUIRY CONVENED UNDER CHAPTER

13 1411 OF TITLE 10.—Section 14906(a)(2) of title 10,

14 United States Code, is amended—

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

16 grade above lieutenant colonel or commander and’’;

17 and

18 (2) by inserting, immediately after the first sen19 tence, the following two sentences: ‘‘Further, at least

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

21 lieutenant colonel or commander. The remaining

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

23 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 OF 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.’’; and
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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 1734(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 or

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

18 active status list of the military department concerned

19 while 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 nonselection for promotion if the

23 nonselection occurred during a period the officer was serv24 ing in an educational delay status that occurred between
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1 the first day of October 1996 and the effective date of

2 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 active status list,

16 be removed from that list in accordance with section

17 14513 of 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

7 all service of the officer as a commissioned officer of any

8 uniformed 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. This exclusion does not apply to service per24 formed by an officer who previously served on active

25 duty or participated as a member of the Ready Re26 serve in other than a student status.’’.
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1 SEC. 515. AUTHORITY TO RETAIN RESERVE COMPONENT

2 CHAPLAINS UNTIL AGE 67.

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

4 amended by striking ‘‘(or, in the case of a Reserve officer

5 of the Army in the Chaplains or a Reserve officer of the

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

7 SEC. 516. SPACE REQUIRED TRAVEL FOR RESERVES; EX8 PANSION AND CODIFICATION.

9 (a) CODIFICATION.—Section 8023 of such Depart10 ment of Defense Appropriations Act, 1999 is codified by

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

12 following new section 12323:

13 ‘‘§ 12323. Space required travel for reserves

14 ‘‘A member of a Reserve component is authorized to

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

16 Forces between home and place of inactive duty training,

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

18 there is no road or railroad transportation (or combination

19 of road and railroad transportation) between those loca20 tions: Provided, That a member traveling in that status

21 on a military aircraft pursuant to the authority provided

22 in this section is not authorized to receive travel, transpor23 tation, or per diem allowances in connection with that

24 travel.’’.
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1 (b) CLERICAL.—The table of sections for chapter

2 1209 of such title 10 is amended by adding at the end

3 the following new item:

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

4 SEC. 517. CONFORMING AMENDMENT TO AUTHORIZE RE5 SERVE OFFICERS AND RETIRED REGULAR

6 OFFICERS TO HOLD A CIVIL OFFICE WHILE

7 SERVING ON ACTIVE DUTY FOR NOT MORE

8 THAN 270 DAYS.

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

10 amended—

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

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

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

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

15 SEC. 518. CLERICAL AMENDMENT RELATING TO RETIRED

16 PAY FOR NONREGULAR SERVICE.

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

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

19 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

12 baccalaureate degree level provided the student also is a

13 cadet or midshipman in an advanced training program.

14 Not more than 15 percent of the total number of scholar15 ships awarded under this section in any year may be

16 awarded 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
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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:

17 ‘‘When the position is filled by an officer of the Army,

18 the Dean has the grade of brigadier general while serving

19 as such, with the benefits authorized for regular brigadier

20 generals of the Army, if appointed to that grade by the

21 President, by and with the advice and consent of the Sen22 ate. However, the retirement age of an officer so appointed

23 is that 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:
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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. AIR UNIVERSITY: GRADUATE-LEVEL DEGREES.

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

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

7 ‘‘(a) AUTHORITY.—Upon recommendation of the fac8 ulty of the appropriate school, the Commander of the Air

9 University may confer the degrees of—

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

11 of the Air War College who fulfill the requirements

12 for that degree;

13 ‘‘(2) master of military operational art and

14 science upon graduates of the Air Command and

15 Staff College who fulfill the requirements for that

16 degree; and

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

18 graduates of the School of Advanced Air power

19 Studies who fulfill the requirements for that de20 gree.’’.

21 (b) CLERICAL AMENDMENTS.—(1) The catchline for

22 such section 9317 is amended to read:
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1 ‘‘§ 9317. Air University: graduate-level degrees’’.

2 (2) The table of sections for chapter 901 of such title

3 10 is amended by amending the item relating to section

4 9317 to read:

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

5 SEC. 526. FINANCIAL ASSISTANCE PROGRAM FOR SPE6 CIALLY SELECTED MEMBERS: MARINE CORPS

7 RESERVE.

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

9 States Code, is amended by adding at the end the fol10 lowing new section:

11 ‘‘§ 12216. Financial assistance for members of the pla12 toon leader’s class program

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

14 of not more than $5,200 per year for a period not to ex15 ceed three consecutive years of educational expenses to eli16 gible enlisted members of the Marine Corps Reserve for

17 completion of—

18 ‘‘(1) baccalaureate degree requirements in an

19 approved academic program that requires less than

20 five academic years to complete, including tuition,

21 fees, and books, and laboratory expenses; or

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

23 degree requirements in an approved academic pro24 gram which requires not more than three years to

25 complete, including tuition, fees, and books.
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1 ‘‘(b) To be eligible for receipt of educational expenses

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

3 Marine Corps Reserve must—

4 (1) either—

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

6 of the calendar year in which the member is eli7 gible for appointment as a second lieutenant in

8 the Marine Corps for such persons in a

9 baccalaureate degree program described in sub10 section (a)(1), except that any such member

11 who has served on active duty in the armed

12 forces may exceed such age limitation on such

13 date by a period equal to the period such mem14 ber served on active duty, but only if such

15 member will be under 30 years of age on such

16 date; or

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

18 of the calendar year in which the member is eli19 gible for appointment as a second lieutenant in

20 the Marine Corps for such persons in a doctor

21 of jurisprudence or bachelor of laws degree pro22 gram described in subsection (a)(2), except that

23 any such member who has served on active duty

24 in the armed forces may exceed such age limita25 tion on such date by a period equal to the pe-
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1 riod such member served on active duty, but

2 only if such member will be under 35 years of

3 age on such date;

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

5 civilian educational institution authorized to grant

6 baccalaureate, doctor of jurisprudence or bachelor of

7 law degrees;

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

9 Marine Corps Platoon Leader’s Class Program and

10 successfully completes one increment of military

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

12 ‘‘(4) agree in writing—

13 ‘‘(A) to accept an appointment as a com14 missioned officer in the Marine Corps, if ten15 dered by the President;

16 ‘‘(B) to serve on active duty for a min17 imum of five years; and

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

19 shall be prescribed by the Secretary of the

20 Navy, to serve in the Marine Corps Reserve

21 until the eighth anniversary of the receipt of

22 such appointment.

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

24 military requirements of the Marine Corps Platoon Lead25 ers Class Program, an officer candidate may be appointed
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1 by the President as a Reserve officer in the Marine Corps

2 in the grade of second lieutenant.

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

4 participate in the financial assistance program authorized

5 by this section at any one time.

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

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

8 to serve in an appropriate enlisted grade for such period

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

10 for more than four years, when such person—

11 ‘‘(1) accepted financial assistance; and

12 ‘‘(2) either—

13 ‘‘(A) completes the military and academic

14 requirements of the Marine Corps Platoon

15 Leaders Class Program and refuses to accept a

16 commission when offered;

17 ‘‘(B) fails to complete the military or aca18 demic requirements of the Marine Corps Pla19 toon Leaders Class Program; or

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

21 Platoon Leaders Class Program for failure to

22 maintain eligibility for an original appointment

23 as a commissioned officer under section 532 of

24 this title.
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1 Except under regulations prescribed by the Secretary of

2 the Navy, such persons who are not physically qualified

3 for appointment under section 532 and subsequently are

4 determined by the Secretary of the Navy under section

5 505 of this title to be unqualified for service as an enlisted

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

7 condition that was not the result of misconduct or grossly

8 negligent conduct may request a waiver of obligated serv9 ice of such financial assistance.’’.

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

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

12 amended by inserting after the item relating to section

13 12215 the following:

‘‘12216. Financial assistance for members of the platoon leader’s class program.’’.

14 (c) COMPUTATION: SERVICE CREDITABLE.—Section

15 205 of title 37, United States Code, is amended by adding

16 at the end the following new subsection:

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

18 officer appointed under sections 12209 and 12216 of title

19 10 may not count in computing basic pay a period of serv20 ice after January 1, 2000, that the officer performed con21 currently as a member of the Marine Corps Platoon Lead22 ers Class Program and the Marine Corps Reserve, except

23 that service after this date that such officer performed

24 prior to commissioning while serving as an enlisted mem-
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1 ber on active duty or as a member of the selected Reserve

2 may be so counted.’’.

3 (d) TRANSITION PROVISION.—Enlisted members of

4 the Marine Corps Reserve selected for training as officer

5 candidates under section 12209 of title 10, United States

6 Code, prior to October 1, 2000 may, upon their applica7 tion, participate in the financial assistance program estab8 lished in subsection (a) if—

9 (1) such person is eligible for financial assist10 ance under the qualification requirements of sub11 section (a);

12 (2) requests such financial assistance to the

13 Secretary of the Navy not later than 180 days after

14 the enactment of this amendment; and

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

16 if offered in the Marine Corps Reserve, and to com17 ply with the length of obligated service provisions in

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

19 for any purpose, a person who requests financial as20 sistance may not be credited with service either as

21 an officer candidate or concurrent enlisted service,

22 other than concurrent enlisted service while serving

23 on active duty other than for training while a mem24 ber of the Marine Corps Reserve.
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1 Subtitle D—Uniform Code of

2 Military Justice

3 SEC. 530. INCREASE IN JURISDICTION OF SPECIAL COURTS4 MARTIAL TO AUTHORIZE IMPOSITION OF

5 SENTENCE TO CONFINEMENT AND FORFEIT6 URES OF PAY OF NOT MORE THAN ONE YEAR.

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

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

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

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

11 ‘‘one year’’.

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

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

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

15 that this amendment shall apply only to those charges sub16 sequently referred to trial by special court-martial.

17 SEC. 531. REVISION TO MEASUREMENT OF BREATH AND

18 BLOOD ALCOHOL FOR PURPOSES OF DETER19 MINING THE OFFENSE OF DRUNKEN OPER20 ATION OF A VEHICLE, AIRCRAFT, OR VESSEL.

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

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

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

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

25 ‘‘0.08 grams’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

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

3 of this Act and shall apply with respect to offenses com4 mitted on or after that date.

5 TITLE VI—COMPENSATION AND

6 OTHER PERSONNEL BENEFITS

7 Subtitle A—Pay and Allowances

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

9 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Ex10 cept as provided in subsection (b), the adjustment to be11 come effective during fiscal year 2000 required by section

12 1009 of title 37, United States Code, in the rate of month13 ly basic pay authorized members of the uniformed services

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

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

16 1, 2000, the rates of basic pay of members of the uni17 formed services shall be increased by 4.4 percent.

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

19 1, 2000, the rates of monthly basic pay for members of

20 the uniformed services are as follows:
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COMMISSIONED OFFICERS123

Pay grade

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

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

O–10 2 .............................................. 0.0 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 ................................................... 0.0 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 ................................................... 656 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 ................................................... 545 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 ................................................... 404 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 ................................................... 323 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 ................................................... 272 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 ................................................ 253 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 ................................................ 221 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 ................................................ 191 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 .................................. 0.0 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 .................................. 0.0 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 .................................. 0.0 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 .................................... 0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4458.00 4611.00 4764.90 4918.50W–4 .................................... 258 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 .................................... 234 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 .................................... 205 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 .................................... 171 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

ENLISTED MEMBERS456

E–9 4 .................................. 0.0 0.00 0.00 0.00 0.00 0.00 3003.90 3071.70 3157.80 3259.20 3360.30 3460.20 3595.50 3729.60 3900.90
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ENLISTED MEMBERS456—Continued

E–8 ..................................... 0.0 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 ..................................... 175 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 ..................................... 151 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 ..................................... 132 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 ..................................... 123 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 ..................................... 116 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 ..................................... 112 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 .............................. 100 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 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.2 While serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant

of the Coast Guard, basic pay for this grade is calculated to be $12,441.00, regardless of cumulative years of service computed under section 205 of title 37, United States Code. Nevertheless, basic pay for these officersis 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.4 While 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 sec9 tion to a person who meets each of the following re10 quirements:

11 ‘‘(A) The person has completed that per12 son’s military service obligation but has less

13 than 14 years of total military service.

14 ‘‘(B) The person has received an honorable

15 discharge at the conclusion of military service.

16 ‘‘(C) The person is not being released from

17 active service for the purpose of enlistment in

18 a reserve component.

19 ‘‘(D) The person—

20 ‘‘(i) is projected to occupy a position

21 as a member of the Selected Reserve in a

22 specialty in which the person—

23 ‘‘(I) successfully served while a

24 member on active duty; and
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1 ‘‘(II) attained a level of qualifica2 tion while a member on active duty

3 commensurate with the grade and

4 years of service of the member; or

5 ‘‘(ii) is occupying a position as a

6 member of the Selected Reserve in a spe7 cialty in which the person—

8 ‘‘(I) has completed training or re9 training in the specialty skill that is

10 designated as critically short; and

11 ‘‘(II) has attained a level of qual12 ification in the designated critically

13 short specialty skill that is commensu14 rate with the member’s grade and

15 years of service.

16 ‘‘(E) The person has not previously been

17 paid a bonus (except under this section) for en18 listment, reenlistment, or extension of enlist19 ment in a reserve component.’’.

20 SEC. 615. AVIATION CAREER INCENTIVE PAY FOR AIR BAT21 TLE MANAGERS.

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

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

24 following new subparagraph:
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1 ‘‘(4) SAVE PAY PROVISION.—An air battle man2 ager entitled to incentive pay under section 301 of

3 this title is entitled to either the rate authorized in

4 subsection (b) of this section or the rate of incentive

5 pay the member was receiving under section

6 301(c)(2)(A) of this title immediately prior to such

7 entitlement under subsection (b), whichever is

8 higher.’’.

9 SEC. 616. DIVING DUTY SPECIAL PAY AND HAZARDOUS

10 DUTY INCENTIVE PAY.

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

12 amended to read as follows:

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

14 section and incentive pay under section 301 of this title

15 for the same period of service for each hazardous duty

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

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

18 a hazardous duty or duties in addition to diving duty.’’.

19 SEC. 617. CAREER ENLISTED FLYER INCENTIVE PAY.

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

21 amended by inserting after section 301e the following new

22 subsection 301f:
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1 ‘‘§ 301f. Incentive pay: career enlisted flyers

2 ‘‘(a) PAY AUTHORIZED.—An enlisted member de3 scribed in subsection (b) may be paid career enlisted flyer

4 incentive pay as authorized in this section.

5 ‘‘(b) ELIGIBLE MEMBERS.—Under regulations pre6 scribed by the Secretary concerned, an enlisted member

7 of the Armed Forces who—

8 ‘‘(1) is entitled to basic pay under section 204

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

10 of this title as described in subsection (e) of this sec11 tion;

12 ‘‘(2) holds or is in training leading to qualifica13 tion and designation of an enlisted military occupa14 tional specialty or enlisted military rating designated

15 as a career enlisted flyer specialty or rating by the

16 Secretary concerned;

17 ‘‘(3) is qualified for aviation service under regu18 lations prescribed by the Secretary concerned; and

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

20 a career basis;

21 is entitled to monthly incentive pay in the amount author22 ized by the Secretary concerned, not to exceed the monthly

23 maximum amounts set forth in subsection (d). Eligible

24 members may be entitled to continuous monthly incentive

25 pay, or on a month-to-month basis, dependent upon the

26 operational flying duty performed as prescribed in sub-
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1 section (c). Entitlement to continuous monthly incentive

2 pay ceases in all cases upon completion of 25 years of avia3 tion service; thereafter, the member is entitled to monthly

4 incentive pay under subsection (c)(3) for the frequent and

5 regular performance of operational flying duty.

6 ‘‘(c) OPERATIONAL FLYING DUTY REQUIRE7 MENTS.—(1) A member must perform operational flying

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

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

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

11 ‘‘(2) Upon completion of 10, 15, or 20 years of avia12 tion service, a member who has not performed the min13 imum required operational flying duties established in this

14 subsection during the prescribed period loses the entitle15 ment to continuous monthly incentive pay. For the needs

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

17 a case-by-case basis, a member to continue to receive con18 tinuous monthly incentive pay despite the member’s fail19 ure to perform the operational flying duty required during

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

21 if the member has performed at least 5 years of oper22 ational flying duties during the first 10 years of aviation

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

24 15 years of aviation service, or 12 years of operational

25 flying duty during the first 20 years of aviation service.
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1 The Secretary concerned may delegate this authority, but

2 not below the level of the Service Personnel Chief.

3 ‘‘(3) If entitlement to continuous monthly incentive

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

5 under subsection (b) (1) through (4) is entitled to month6 to-month incentive pay for subsequent frequent and reg7 ular performance of operational flying duty. The rate pay8 able is that authorized by the Secretary concerned under

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

10 aviation service.

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

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

13 incentive pay may resume if the member meets the min14 imum operational flying duty requirement upon comple15 tion of the next established period of aviation service.

16 ‘‘(d) MONTHLY MAXIMUM INCENTIVE PAY.—A mem17 ber who satisfies the requirements in subsections (b) and

18 (c) may be paid month-to-month incentive pay as author19 ized by the Secretary concerned in amounts not to exceed

20 the following:

Years of aviation service Monthly rate

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

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

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

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

21 ‘‘(e) PAYMENT TO A MEMBER OF A RESERVE COMPO22 NENT WHEN PERFORMING INACTIVE DUTY TRAINING.—

23 Under regulations of the Secretary concerned, when a
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1 member of a reserve component or the National Guard,

2 entitled to compensation under section 206 of this title,

3 meets the requirements described in subsections (b) and

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

equal to 1 5 ⁄30 of the monthly incentive pay authorized by

6 the Secretary concerned under subsection (d) for a mem7 ber of corresponding years of aviation service who is enti8 tled to basic pay. Such member is entitled to the increase

9 for as long as the member is qualified for it, for each reg10 ular period of instruction or period of appropriate duty,

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

12 or for the performance of such other equivalent training,

13 instruction, duty or appropriate duties, as the Secretary

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

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

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

17 performed, under regulations prescribed by the Sec18 retary concerned, by a designated career enlisted

19 flyer.

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

21 flying performed under competent orders while serv22 ing in assignments in which basic flying skills nor23 mally are maintained in the performance of assigned

24 duties as determined by the Secretary concerned,

25 and flying duty performed by members in training
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1 that leads to the award of an enlisted aviation rating

2 or military occupational specialty designated as a ca3 reer enlisted flyer rating or specialty by the Sec4 retary concerned.

5 ‘‘(g) APPLICABILITY TO MEMBERS RECEIVING HAZ6 ARDOUS DUTY INCENTIVE PAY OR SPECIAL PAY FOR DIV7 ING DUTY.—A member receiving special pay under section

8 301(a) or section 304 of this title may not be paid special

9 pay under this section for the same period of service.’’.

10 (b) SAVE PAY PROVISION.—In the case of a des11 ignated career enlisted flyer receiving incentive pay under

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

13 immediately preceding enactment of this Act, the member

14 is entitled to the higher of the monthly amount authorized

15 under subsection (b) of this section, or the rate of incen16 tive pay the member was receiving immediately preceding

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

18 301(c)(2)(A) of this title.

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

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

21 Code, is amended by inserting immediately after the item

22 referring to section 301e the following new item:

‘‘301f. Incentive pay: career enlisted flyers.’’.
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1 SEC. 618. INCREASE TO DIVING DUTY SPECIAL PAY.

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

3 amended by striking out ‘‘$200’’ and ‘‘$300’’ and insert4 ing in lieu thereof, respectively ‘‘$240’’ and ‘‘$340’’.

5 SEC. 619. FOREIGN LANGUAGE PROFICIENCY PAY—IN6 CREASE IN STATUTORY MAXIMUM PAYABLE.

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

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

9 ‘‘$300’’.

10 SEC. 620. SURFACE WARFARE OFFICER CONTINUATION

11 PAY.

12 (a) SPECIAL PAY: SURFACE WARFARE OFFICER

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

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

15 the following new section:

16 ‘‘§ 301h. Special pay: surface warfare officer continu17 ation pay

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

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

20 agreement to remain on active duty to complete tours of

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

22 head afloat may, upon the acceptance of the agreement

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

24 to exceed the amount prescribed in subsection (c).
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1 ‘‘(b) COVERED OFFICERS.—A surface warfare officer

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

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

4 ‘‘(1) is designated and serving as a surface war5 fare officer;

6 ‘‘(2) has been selected for assignment as a de7 partment head on a surface ship; and

8 ‘‘(3) has completed any service commitment in9 curred through the officer’s original commissioning

10 program.

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

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

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

14 subsection (a) and the amount payable under subsection

15 (c) may be prorated.

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

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

18 total amount payable pursuant to the agreement becomes

19 fixed. It may be paid either—

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

21 total payable under the agreement at the time the

22 agreement is accepted by the Secretary of the Navy

23 followed by equal annual installments on the anni24 versary of acceptance of the agreement; or
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1 ‘‘(2) in equal annual payments with the first

2 payment payable at the time the agreement is ac3 cepted by the Secretary of the Navy, and subsequent

4 payments on the anniversary of acceptance of the

5 agreement.

6 ‘‘(f) ADDITIONAL PAY.—Any amount paid under this

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

8 which an officer is entitled.

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

10 into a written agreement under subsection (a) and has re11 ceived all or part of a special pay under this section fails

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

13 agreement, the Secretary of the Navy may require the offi14 cer to repay the United States, to the extent that the Sec15 retary determines conditions and circumstances warrant,

16 any or all sums paid under this section.

17 ‘‘(2) An obligation to repay the United States im18 posed under paragraph (1) is for all purposes a debt owed

19 to the United States.

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

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

22 agreement entered into under subsection (a) does not dis23 charge the officer signing the agreement from a debt aris24 ing under such agreement or under paragraph (1).
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1 ‘‘(h) REGULATIONS.—The Secretary of the Navy

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

3 (b) CONFORMING AMENDMENT.—The table of sec4 tion at the beginning of chapter 5 of title 37, United

5 States Code, is amended by inserting immediately after

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

‘‘301h. Special pay: surface warfare officer continuation pay.’’.

7 SEC. 621. AVIATION CAREER OFFICERS EXTENDING PE8 RIOD OF ACTIVE DUTY.

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

10 is amended as follows—

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

12 (1) to read as follows:

13 ‘‘(1) $25,000 for each year covered by the writ14 ten agreement, if the officer agrees to remain on ac15 tive duty to complete 14 years of aviation service;

16 or’’; and

17 (2) by amending subsection (d) to read as fol18 lows:

19 ‘‘(d) PROBATION.—The term of an agreement under

20 subsection (a) and the amount of the bonus under sub21 section (c) may be prorated as long as such agreement

22 does not extend beyond the date on which the officer mak23 ing such agreement would complete 14 years of aviation

24 service.’’.
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1 SEC. 622. SPECIAL WARFARE OFFICER CONTINUATION PAY.

2 (a) SPECIAL PAY: SPECIAL WARFARE OFFICER CON3 TINUATION PAY.—Chapter 5 of title 37, United States

4 Code, is amended by inserting after section 301f the fol5 lowing new section:

6 ‘‘§ 301g. Special pay: special warfare officer continu7 ation pay

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

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

10 agreement to remain on active duty in special warfare

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

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

13 of money not to exceed the amount prescribed in sub14 section (c).

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

16 referred to in subsection (a) is an officer of a regular com17 ponent of an armed force on full-time active duty who—

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

19 occupational specialty or designator identified by the

20 Secretary concerned as a special warfare military oc21 cupational specialty or designator;

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

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

24 officer applies for an agreement under this section;

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

26 than 14 years of active commissioned service; and
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1 ‘‘(4) has completed any service commitment in2 curred through the officer’s original commissioning

3 program.

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

5 section may not be more than $10,000 for each year of

6 the written agreement. The authority to enter into written

7 agreements under subsection (a) expires as of September

8 30, 2001.

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

10 subsection (a) and the amount payable under subsection

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

12 extend beyond the date on which the officer making such

13 agreement would complete 14 years of active commis14 sioned service.

15 ‘‘(e) PAYMENT.—Upon acceptance of a written agree16 ment under subsection (a) by the Secretary concerned, the

17 total amount payable pursuant to the agreement becomes

18 fixed. It may be paid either—

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

20 total payable under the agreement at the time the

21 agreement is accepted by the Secretary concerned

22 followed by equal annual installments on the anni23 versary of acceptance of the agreement; or

24 ‘‘(2) in graduated annual payments under regu25 lations prescribed by the Secretary concerned with
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1 the first payment payable at the time the agreement

2 is accepted by the Secretary concerned, and subse3 quent payments on the anniversary of acceptance of

4 the agreement.

5 ‘‘(f) ADDITIONAL PAY.—Any amount paid under this

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

7 which an officer is entitled.

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

9 into a written agreement under subsection (a) and has re10 ceived all or part of a special pay under this section fails

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

12 agreement, the Secretary concerned may require the offi13 cer to repay the United States, to the extent that the Sec14 retary determines conditions and circumstances warrant,

15 any or all sums paid under this section.

16 ‘‘(2) An obligation to repay the United States im17 posed under paragraph (1) is for all purposes a debt owed

18 to the United States.

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

20 is entered less than five years after the termination of a

21 written agreement entered into under subsection (a) does

22 not discharge the officer signing the agreement from a

23 debt arising under such agreement or under paragraph

24 (1).
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1 ‘‘(h) REGULATIONS.—The Secretaries concerned

2 shall prescribe regulations to carry out this section. Regu3 lations prescribed by the Secretary of a military depart4 ment shall be subject to the approval of the Secretary of

5 Defense.’’.

6 (b) CONFORMING AMENDMENT.—The table of sec7 tion at the beginning of chapter 5 of title 37, United

8 States Code, is amended by inserting immediately after

9 the item referring to section 301f the following new item:

‘‘301g. Special pay: special warfare officer continuation pay.’’.

10 SEC. 623. INCREASE IN SPECIAL PAY AND BONUSES FOR

11 NUCLEAR-QUALIFIED OFFICERS.

12 (a) SPECIAL PAY FOR OFFICERS EXTENDING PE13 RIOD OF ACTIVE SERVICE.—Section 312(a) of title 37,

14 United States Code, is amended by striking out ‘‘$15,000’’

15 and inserting in lieu thereof ‘‘$25,000’’.

16 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

17 312b(a)(1) of title 37, United States Code, is amended

18 by striking out ‘‘$10,000’’ and inserting in lieu thereof

19 ‘‘$20,000’’.

20 (c) NUCLEAR CAREER ANNUAL INCENTIVE BO21 NUSES.—Section 312c of title 37, United States Code, is

22 amended—

23 (1) in subsection (a)(1), by striking out

24 ‘‘$12,000’’ and inserting in lieu thereof ‘‘$22,000’’;

25 and
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1 (2) in subsection (b)(1), by striking out

2 ‘‘$5,500’’ and inserting in lieu thereof ‘‘$10,000’’.

3 Subtitle C—Extension of Certain

4 Bonuses and Special Pays

5 SEC. 625. EXTENSION OF CERTAIN BONUSES AND SPECIAL

6 PAY AUTHORITIES FOR RESERVE FORCES

7 THROUGH FISCAL YEAR 2001.

8 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

9 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

10 302g(f) of title 37, United States Code, is amended by

11 striking out ‘‘December 31, 1999’’ and inserting in lieu

12 thereof ‘‘September 30, 2001’’.

13 (b) SELECTED RESERVE REENLISTMENT BONUS.—

14 Section 308b(f) of title 37, United States Code, is amend15 ed by striking out ‘‘December 31, 1999’’ and inserting in

16 lieu thereof ‘‘September 30, 2001’’.

17 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec18 tion 308c(e) of title 37, United States Code, is amended

19 by striking out ‘‘December 31, 1999’’ and inserting in lieu

20 thereof ‘‘September 30, 2001’’.

21 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS22 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

23 308d(c) of title 37, United States Code, is amended by

24 striking out ‘‘December 31, 1999’’ and inserting in lieu

25 thereof ‘‘September 30, 2001’’.
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1 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec2 tion 308e(e) of title 37, United States Code, is amended

3 by striking out ‘‘December 31, 1999’’ and inserting in lieu

4 thereof ‘‘September 30, 2001’’.

5 (f) READY RESERVE ENLISTMENT AND REENLIST6 MENT BONUS.—Section 308h(g) of title 37, United States

7 Code, is amended by striking out ‘‘December 31, 1999’’

8 and inserting in lieu thereof ‘‘September 30, 2001’’.

9 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec10 tion 308i(f) of title 37, United States Code, is amended

11 by striking out ‘‘December 31, 1999’’ and inserting in lieu

12 thereof ‘‘September 30, 2001’’.

13 (h) REPAYMENT OF EDUCATION LOANS FOR CER14 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE15 LECTED RESERVE.—Section 16302(d) of title 10 United

16 States Code, is amended by striking out ‘‘January 1,

17 2000’’ and inserting in lieu thereof ‘‘October 1, 2001’’.

18 SEC. 626. EXTENSION OF AUTHORITIES RELATING TO PAY19 MENT OF REENLISTMENT AND ENLISTMENT

20 BONUSES AND SPECIAL PAY FOR AVIATION

21 CAREER OFFICERS EXTENDING PERIOD OF

22 ACTIVE DUTY.

23 (a) SPECIAL PAY FOR AVIATION CAREER OFFICERS

24 EXTENDING PERIOD OF ACTIVE DUTY.—Section 301b(a)

25 of title 37, United States Code, is amended by striking
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1 out ‘‘December 31, 1999’’ and inserting in lieu thereof

2 ‘‘September 30, 2001’’.

3 (b) REENLISTMENT BONUS FOR ACTIVE MEM4 BERS.—Section 308(g) of title 37, United States Code, is

5 amended by striking out ‘‘December 31, 1999’’ and insert6 ing in lieu thereof ‘‘September 30, 2001’’.

7 (c) ENLISTMENT BONUSES FOR MEMBERS WITH

8 CRITICAL SKILLS.—Sections 308a(c) and 308f(c) of title

9 37, United States Code, are each amended by striking out

10 ‘‘December 31, 1999’’ and inserting in lieu thereof ‘‘Sep11 tember 30, 2001’’.

12 SEC. 627. EXTENSION OF CERTAIN BONUSES AND SPECIAL

13 PAY AUTHORITIES FOR NURSE OFFICER CAN14 DIDATES, REGISTERED NURSES, AND NURSE

15 ANESTHETISTS.

16 (a) NURSE OFFICER CANDIDATE ACCESSION PRO17 GRAM.—Section 2130a(a)(1) of title 10, United States

18 Code, is amended by striking out ‘‘December 31, 1999’’

19 and inserting in lieu thereof ‘‘September 30, 2001’’.

20 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

21 Section 302d(a)(1) of title 37, United States Code, is

22 amended by striking out ‘‘December 31, 1999’’ and insert23 ing in lieu thereof ‘‘September 30, 2001’’.

24 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES25 THETISTS.—Section 302e(a)(1) of title 37, United States
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1 Code, is amended by striking out ‘‘December 31, 1999’’

2 and inserting in lieu thereof ‘‘September 30, 2001’’.

3 SEC. 628. EXTENSION OF AUTHORITY RELATING TO PAY4 MENT OF NUCLEAR CAREER FIELD BONUSES

5 AND SPECIAL PAY.

6 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI7 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

8 312(e) of title 37, United States Code, is amended by

9 striking ‘‘December 31, 1999’’ and inserting in lieu there10 of ‘‘September 30, 2001’’.

11 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

12 312b(c) of title 37, United States Code, is amended by

13 striking ‘‘December 31, 1999’’ and inserting in lieu there14 of ‘‘September 30, 2001’’.

15 (c) NUCLEAR CAREER ANNUAL INCENTIVE

16 BONUS.—Section 312c(d) of title 37, United States Code;

17 is amended by striking ‘‘October 1, 1998 and the 15-

18 month period beginning on that date and ending Decem19 ber 31, 1999’’ and inserting in lieu thereof ‘‘September

20 30, 2001’’.
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1 Subtitle D—Military Retired Pay

2 SEC. 630. REPEAL OF REDUCTION IN RETIRED PAY APPLI3 CABLE TO POST-AUGUST 1, 1986, MEMBERS

4 WITH LESS THAN 30 YEARS OF SERVICE.

5 (a) REPEAL OF REDUCTION.—Section 1409(b) of

6 title 10, United States Code, is amended—

7 (1) by striking paragraph (2); and

8 (2) by redesignating paragraph (3) as para9 graph (2).

10 (b) CONFORMING AMENDMENT.—Paragraph (1) of

11 such section is amended by striking ‘‘paragraphs (2) and

12 (3)’’ and inserting in lieu thereof ‘‘paragraph (2)’’.

13 SEC. 631. MODIFY ‘‘CPI–1’’ COST-OF-LIVING ADJUSTMENT

14 APPLICABLE TO RETIRED PAY OF POST-AU15 GUST 1, 1986, MEMBERS.

16 Section 1401a(b) of title 10, United States Code, is

17 amended by striking paragraph (3) and inserting in lieu

18 thereof the following new paragraph (3):

19 ‘‘(3) POST-AUGUST 1, 1986 MEMBERS.—(A) If

20 the percent determined under paragraph (2) is

21 greater than or equal to three percent, the Secretary

22 of Defense shall increase the retired pay of each

23 member and former member who first became a

24 member on or after August 1, 1986, by the dif25 ference between—
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1 ‘‘(i) the percent determined in paragraph

2 (2); and

3 ‘‘(ii) one percent.

4 ‘‘(B) If the percent determined under para5 graph (2) is less than three percent, the Secretary

6 shall increase the retired pay of each member and

7 former member who first became a member on or

8 after August 1, 1986, by the lesser of the CPI

9 change or two percent.’’.

10 SEC. 632. CONFORMING AMENDMENTS.

11 (a) RECOMPUTATION OF COLA ADJUSTMENT

12 ‘‘CATCH-UP’’ AT AGE 62.—Section 1410 of title 10,

13 United States Code, is amended—

14 (1) by amending the catchline for section 1410

15 to read as follows:

16 ‘‘§ 1410. Restoral of COLA amount at age 62 for mem17 bers entering on or after August 1, 1986’’;

18 (2) by striking paragraph (2); and

19 (3) by striking ‘‘—

20 (1)’’ and realigning the indented remaining

21 matter as one with the preceding paragraph; and

22 (4) at the end of the realigned matter by strik23 ing ‘‘; and’’ inserting in lieu thereof a period.

24 (b) AMENDMENTS TO SURVIVOR BENEFIT PLAN.—

25 Chapter 73 of such title is amended as follows:
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1 (1) Section 1447(6)(A) is amended by striking

2 ‘‘(determined without regard to any reduction under

3 section 1409(b)(2) of this title)’’.

4 (2) Section 1451 is amended in subsection (h)

5 by striking paragraph (3); and

6 (3) Section 1452 is amended in subsection (c)

7 by striking paragraph (4).

8 SEC. 633. EFFECTIVE DATE.

9 The amendments made by sections 630, 631, and 632

10 shall take effect on October 1, 1999.

11 Subtitle E—Other Matters

12 SEC. 640. LUMP SUM LEAVE WITH REENLISTMENT.

13 Section 501 of title 37, United States Code, is

14 amended—

15 (1) in paragraph (a)(1), by adding at the end

16 before the semicolon the following: ‘‘, or in conjunc17 tion with a reenlistment regardless of when it oc18 curs’’; and

19 (2) in paragraph (b)(2), by striking ‘‘or enter20 ing into an enlistment,’’.

21 SEC. 641. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.

22 Section 411d(b)(1) of title 37, United States Code,

23 is amended—

24 (1) by redesignating clause (A) as clause (A)(i);
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1 (2) by adding a new clause ‘‘(A)(ii) to any air2 port in the continental United States to which travel

3 can be arranged at the same or a lower cost as trav4 el obtained under clause (A)(i) above; or’’.

5 SEC. 642. AUTHORITY TO EXPEND APPROPRIATED FUNDS

6 TO PAY CERTAIN ACTUAL EXPENSES OF RE7 SERVISTS.

8 Section 404(i) of title 37, United States Code, is

9 amended—

10 (1) in paragraph (1), by striking the period at

11 the end of the paragraph and inserting in lieu there12 of ‘‘or, if transient government quarters are unavail13 able, may provide contract quarters as lodging in

14 kind as if the member were entitled to such allow15 ances under subsection (a) of this section.’’;

16 (2) in paragraph (3), by inserting ‘‘or expenses

17 for contract quarters’’ after ‘‘service charge ex18 penses’’; and

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

20 paragraph (4):

21 ‘‘(4) Use of Government Charge Cards is au22 thorized for payment of these expenses.’’.
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1 SEC. 643. AVIATION CAREER INCENTIVE PAY; DELEGATION

2 OF AUTHORITY TO WAIVE OPERATIONAL FLY3 ING DUTY REQUIREMENTS.

4 Section 301a(a)(5) of title 37, United States Code,

5 is amended by striking the third sentence and inserting

6 in lieu thereof the following: ‘‘The Secretary concerned

7 may delegate the authority in the preceding sentence, but

8 not below the Service Personnel Chief, to permit the pay9 ment of incentive pay under this paragraph.’’

10 SEC. 644. TUITION ASSISTANCE FOR MEMBERS DEPLOYED

11 IN A CONTINGENCY OPERATION.

12 Section 2007(a) of title 10, United States Code, is

13 amended—

14 (1) in paragraph (2), by striking ‘‘and’’;

15 (2) in paragraph (3), by striking the period at

16 the end and inserting in lieu thereof ‘‘; and’’; and

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

18 paragraph:

19 ‘‘(4) in the case of a member serving in a con20 tingency operation as defined in section 101(a)(13)

21 of this title, or similar operational mission (other

22 than for training) designated by the Secretary con23 cerned, all of the charges may be paid.’’.
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1 SEC. 645. PAYMENT OF TEMPORARY LODGING EXPENSES

2 TO MEMBERS MAKING THEIR FIRST PERMA3 NENT CHANGE OF STATION.

4 Section 404a(a) of title 37, United States Code, is

5 amended—

6 (1) in paragraph (1), by striking ‘‘or’’ at the

7 end of the paragraph:

8 (2) in paragraph (2), by inserting ‘‘or’’ after

9 the semicolon; and

10 (3) by inserting after paragraph (2) the fol11 lowing new paragraph (3):

12 ‘‘(3) for enlisted members, from the member’s

13 home of record or initial technical school to the

14 member’s first permanent duty station;’’.

15 SEC. 636. DUTY STATUS; WHEREABOUTS UNKNOWN; PAY

16 ADMINISTRATION.

17 (a) DEFINITION.—Section 551 of title 37, United

18 States Code, is amended—

19 (1) by redesignating subsection (3) as sub20 section (4); and

21 (2) by inserting the following new subsection

22 (3):

23 ‘‘(3) The term ‘duty status; whereabouts un24 known’ defines a transitory casualty status, applica25 ble only to military personnel, that is used when the

26 responsible commander suspects the member may be
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1 a casualty whose absence is involuntary, but does

2 not consider that sufficient evidence currently exists

3 to make a definite determination that the member

4 is—

5 ‘‘(A) missing;

6 ‘‘(B) deserted;

7 ‘‘(C) absent without leave; or

8 ‘‘(D) dead.’’.

9 (b) CONFORMING AMENDMENTS.—(1) Section 552 of

10 title 37, United States Code, is amended—

11 (A) by amending the section heading to read as

12 follows:

13 ‘‘§ 552. Pay and allowances; continuation while in a

14 missing or duty status; whereabouts un15 known status; limitations’’;

16 (B) in subsection (a), by inserting ‘‘or duty sta17 tus; whereabouts unknown’’ after ‘‘missing’’ each

18 place it appears; and

19 (C) in paragraph (a)(1), by striking out ‘‘that’’

20 the first place it appears, and inserting in lieu there21 of ‘‘either’’.

22 (2) In the table of sections at the beginning of chap23 ter 10 of title 37, United States Code, the item referring

24 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.’’.
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1 SEC. 647. BIENNIAL REPORTING REQUIREMENT FOR THE

2 MONTGOMERY GI BILL; SELECTED RESERVE.

3 Section 16137 of title 10, United States Code, is

4 amended by striking ‘‘not later than March 1 of each year

5 concerning the operation of the educational assistance pro6 gram established by this chapter during the preceding fis7 cal year.’’ and inserting in lieu thereof ‘‘by March 1, at

8 least once every two years concerning the operation of the

9 educational assistance program established by this chapter

10 during the preceding fiscal years.’’.

11 TITLE VII—HEALTH CARE

12 PROVISIONS

13 SEC. 701. ADMINISTRATION OF HEALTH CARE CONTRACTS

14 AND PROGRAMS.

15 Section 1073 of title 10, United States Code, is

16 amended—

17 (1) by inserting ‘‘(a)’’ at the beginning of the

18 current text; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(b)(1) In the administration of contracts under this

22 chapter, the Secretary of Defense shall provide a stable

23 and uniform program of medical and dental care by imple24 menting program benefit and administrative changes at

25 the start of each fiscal year, rather than throughout the

26 year, except when the Secretary determines that the
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1 change would significantly improve health services to eligi2 ble beneficiaries under this chapter, or that for other rea3 sons implementation other than at the start of the fiscal

4 year would most effectively carry out the purposes of this

5 chapter.

6 ‘‘(2) In cases in which a law is enacted requiring the

7 initiation of a new program or benefit under this chapter,

8 the Secretary of Defense may defer for up to one year

9 the implementation schedule for such new program or ben10 efit if the Secretary—

11 ‘‘(A) determines such deferral is necessary to

12 seek the appropriation of such funds, additional to

13 those needed for ongoing programs and benefits

14 under this chapter, as may be necessary for such

15 new programs and benefits; and

16 ‘‘(B) certifies to Congress that such deferral is

17 necessary to prevent disruptions to such ongoing

18 programs and benefits and reports on the appropria19 tion amounts that would be necessary to proceed

20 with timely implementation of the new program or

21 benefit.’’.
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1 SEC. 702. CONTINUATION OF PREVIOUSLY PROVIDED CUS2 TODIAL CARE BENEFITS FOR CERTAIN

3 CHAMPUS BENEFICIARIES.

4 (a) CONTINUATION OF COVERAGE.—Subject to sub5 section (c), the Secretary of Defense may continue pay6 ment under the Civilian Health and Medical Program of

7 the Uniformed Services (as defined in section 1072 of title

8 10, United States Code) for domiciliary or custodial care

9 services, otherwise excluded by regulations implementing

10 section 1077(b)(1) of such title on behalf of beneficiaries

11 described in subsection (b).

12 (b) COVERED BENEFICIARIES.—Beneficiaries de13 scribed in subsection (a) are covered beneficiaries (as de14 fined in section 1072 of such title) who, prior to the effec15 tive date of final regulations to implement the individual

16 case management program authorized by section

17 1079(a)(17) of such title, were provided domiciliary or

18 custodial care services for which the Secretary provided

19 payment.

20 (c) SECRETARIAL AUTHORITY.—The authority pro21 vided by subsection (a) is subject to a case-by-case deter22 mination by the Secretary that discontinuation of payment

23 for domiciliary or custodial care services or transition

24 under the case management program authorized by such

25 section 1079(a)(17) to alternative programs and services
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1 would be inadequate to meet the needs of, and unjust to,

2 the beneficiary.

3 SEC. 703. MODIFICATION OF DUE DATE FOR EVALUATION

4 AND REPORT ON TRICARE EFFECTIVENESS.

5 Section 717(c) of the National Defense Authorization

6 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

7 376) is amended by striking ‘‘March 1’’ and inserting in

8 lieu thereof ‘‘September 1’’.

9 SEC. 704. AUTHORITY OF ARMED FORCES MEDICAL EXAM10 INER TO CONDUCT AUTOPSIES.

11 (a) IN GENERAL.—Chapter 3 of title 10, United

12 States Code is amended by adding after section 130a the

13 following new section:

14 ‘‘§ 130b. Authority of armed forces medical examiner

15 to conduct autopsies

16 ‘‘(a) IN GENERAL.—Under regulations prescribed by

17 the Secretary of Defense, the Armed Forces Medical Ex18 aminer is authorized to conduct a forensic pathology inves19 tigation, including an autopsy, when a person is found

20 dead or dies under circumstances that require a forensic

21 pathology investigation to determine the cause or manner

22 of death and one of the circumstances described in sub23 section (b) is also present.
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1 ‘‘(b) APPLICABILITY.—The circumstances referred to

2 in subsection (a) are, subject to subsection (c), any one

3 of the following:

4 ‘‘(1) A person is found dead or dies at an in5 stallation garrisoned by units of the Armed Forces

6 and under the exclusive jurisdiction of the United

7 States.

8 ‘‘(2) A member of the armed forces on active

9 duty or inactive duty for training is found dead or

10 dies, or a former member dies soon after retirement

11 under chapter 61 of this title as a result of an injury

12 or illness incurred while such a member.

13 ‘‘(3) A civilian dependent of a member of the

14 armed forces is found dead or dies in any location

15 outside the United States.

16 ‘‘(4) Pursuant to an authorized Department of

17 Defense investigation of matters in which there is

18 involved the death of a person or persons, a factual

19 determination is necessary of the cause or manner of

20 the death(s).

21 ‘‘(5) Pursuant to an authorized investigation

22 being conducted by the Federal Bureau of Investiga23 tion, the National Transportation Safety Board, or

24 other Federal agency, an authorized official of such

25 agency with authority to direct a forensic pathology
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1 investigation requests that such an investigation be

2 conducted by the Armed Forces Medical Examiner.

3 ‘‘(c) LIMITATION IN CONCURRENT JURISDICTION

4 CASES.—Authority of the Armed Forces Medical Exam5 iner to conduct a forensic pathology investigation under

6 the circumstances described in subsection (b) is subject

7 to the primary jurisdiction, to the extent fully exercised

8 (including conducting an autopsy), of the appropriate

9 State or local governmental authority or, if outside the

10 United States, of appropriate authorities under any appli11 cable Status of Forces or other international agreement

12 between the United States and the country involved.

13 ‘‘(d) PROCEDURES.—In conducting forensic pathol14 ogy investigations under this section, the Armed Forces

15 Medical Examiner shall—

16 ‘‘(1) designate qualified pathologists for this

17 purpose;

18 ‘‘(2) to the extent practicable and consistent

19 with responsibilities under this section, give due re20 gard to any applicable law protecting religious be21 liefs;

22 ‘‘(3) as soon as practicable, inform the family

23 of the decedent, if known, of the fact of the forensic

24 pathology investigation;
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1 ‘‘(4) as soon as practicable after completion of

2 the investigation, return the remains of the deceased

3 to the family of the decedent, if known; and

4 ‘‘(5) promptly report the results of the forensic

5 pathology investigation to the authorized official re6 sponsible for the investigation relating to the death.

7 ‘‘(e) DEFINITION.—In this section, the term ‘cir8 cumstances that require a forensic pathology investigation’

9 are, in the judgment of the Armed Forces Medical

10 Examiner—

11 ‘‘(1) a person is killed or from any cause dies

12 an unnatural death;

13 ‘‘(2) the cause or manner of death are un14 known;

15 ‘‘(3) there is reasonable suspicion that the

16 death was by unlawful means;

17 ‘‘(4) death was apparently from an infectious

18 disease or from the effects of a hazardous material

19 that may have an adverse effect on the installation

20 or community; or

21 ‘‘(5) the identity of the deceased person is un22 known.’’.

23 (b) CONFORMING AMENDMENT.—Chapter 577 of

24 title 10, United States Code, is amended by adding after

25 section 6522 the following new section:
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1 ‘‘§ 6523. Inquests

2 ‘‘(a) When a person is found dead under cir3 cumstances that require investigation, at a place garri4 soned by the Navy or Marine Corps, and under the exclu5 sive jurisdiction of the United States, the commanding of6 ficer shall direct a summary court-martial to investigate

7 the circumstances of the death.

8 ‘‘(b) In conducting an investigation under subsection

9 (a), the summary court-martial may summon witnesses

10 and examine them under oath.

11 ‘‘(c) The summary court-martial shall promptly sub12 mit to the commanding officer a report of the investigation

13 and findings as to the cause of death.’’.

14 (c) CLERICAL AMENDMENTS.—(1) The tables of sec15 tions of such title and chapters are amended—

16 (A) by adding after the item relating to section

17 130a the following new item:

‘‘130b. Authority of armed forces medical examiner to conduct autopsies.’’; and

18 (B) by adding after the item relating to section

19 6522 the following new item:

‘‘6523. Inquests.’’.

20 (2) The chapter heading for such chapter 577 is

21 amended by adding at the end a semicolon and ‘‘IN22 QUESTS’’.

23 (3) The tables of chapters and table of sections for

24 such title 10, for subtitle C of such title, and for part II
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1 of such Subtitle are amended with respect to the items

2 relating to chapter 577 by adding at the end a semicolon

3 and ‘‘Inquests’’.

4 SEC. 705. EMERGENCY MEDICAL CARE FOR EMPLOYEES OF

5 THE DEPARTMENT OF DEFENSE ON DUTY IN

6 THE FORMER SOVIET UNION OR FORMER

7 WARSAW PACT COUNTRIES.

8 (a) AUTHORITY FOR MEDICAL CARE.—Chapter 53 of

9 title 10, United States Code, is amended by inserting after

10 section 1049 the following new section 1049a:

11 ‘‘§ 1049a. Emergency medical care for employees of

12 the Department of Defense on duty in the

13 former Soviet Union or former Warsaw

14 Pact countries

15 ‘‘The Secretary of Defense may make payments for

16 emergency medical or dental care for military, civilian, and

17 contractor employees of the Department of Defense per18 manently or temporarily on duty in the countries of the

19 former Soviet Union and the former Warsaw Pact. The

20 authority of the Secretary of Defense to make payments

21 under this section is effective for any fiscal year only to

22 the extent that appropriated funds are available for such

23 purpose.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of title 10, United States Code is amend3 ed 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.’’.

4 SEC. 706. THIRD PARTY COLLECTION PROGRAM IMPROVE5 MENT.

6 Section 1095 of title 10, United States Code, is

7 amended —

8 (1) by amending subsection (f) to read as fol9 lows:

10 ‘‘(f) The Secretary of Defense, in consultation with

11 the other administering Secretaries, shall prescribe regula12 tions for the administration of this section. Such regula13 tions shall provide for the computation of the reasonable

14 cost of inpatient, outpatient, or other health care services.

15 Computation of such reasonable cost may be based on—

16 ‘‘(1) per diem rates;

17 ‘‘(2) all-inclusive per visit rates;

18 ‘‘(3) diagnosis-related groups;

19 ‘‘(4) rates prescribed under the regulations im20 plementing sections 1079 and 1086 of this title; or

21 ‘‘(5) such other method as may be appro22 priate.’’; and

23 (2) in subsection (h)(1), by striking the first

24 sentence and inserting in lieu thereof ‘‘The term
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1 ‘third party payer’ means an entity that provides an

2 insurance, medical service, or health plan by con3 tract or agreement including an automobile liability

4 insurance or no fault insurance carrier, a worker’s

5 compensation program or plan, and any other plan

6 or program that is designed to provide compensation

7 or coverage for expenses incurred by a beneficiary

8 for medical services and supplies.’’.

9 TITLE VIII—ACQUISITION POL10 ICY, ACQUISITION MANAGE11 MENT, AND RELATED MAT12 TERS

13 SEC. 801. PROTECTION OF COMMERCIAL SOURCES.

14 Section 455(b)(1) of title 10, United States Code, is

15 amended—

16 (1) in subparagraph (B) by striking ‘‘or’’;

17 (2) in subparagraph (C) by striking the period

18 at the end and inserting in lieu thereof ‘‘; or’’; and

19 (3) by adding at the end the following new sub20 paragraph (D):

21 ‘‘(D) that contains information that the

22 Secretary of Defense has determined in writing,

23 if disclosed, would interfere or unfairly compete

24 with an emerging or existing commercial indus25 try or market operation.’’.
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1 (4) by adding at the end the following new

2 paragraph (4):

3 ‘‘(4) Nothing in this section shall affect, limit,

4 or supersede the authorities or responsibilities of the

5 Director of Central Intelligence with respect to im6 agery and imagery intelligence pursuant to the Na7 tional Security Act of 1947, as amended (50 U.S.C.

8 402 et seq.), Executive Order 12951, or any suc9 cessor Executive Order and applicable Presidential

10 directives. The withholding of imagery and imagery

11 intelligence will be in accordance with the policies

12 and directives of the Director of Central Intel13 ligence.’’.

14 SEC. 802. WAIVER OF LIVE-FIRE SURVIVABILITY TESTING

15 MH–47E/MH–60K HELICOPTER MODIFICATION

16 PROGRAMS.

17 (a) WAIVER.—Notwithstanding the requirement of

18 section 2366(c)(1) of title 10, United States Code, that

19 any waiver by the Secretary of Defense of the application

20 of the survivability tests to a covered system occur before

21 the system or program enters engineering and manufac22 turing development, and notwithstanding the requirements

23 of section 142 of the National Defense Authorization Act

24 for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

25 2338) that operational test and evaluation and surviv-
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1 ability testing of the MH–47E helicopters and MH–60K

2 helicopters be completed prior to full materiel release of

3 the helicopters for operational use, the Secretary may

4 waive the application of the survivability tests to the MH–

5 47E and MH–60K helicopter modification programs be6 fore full material release of the MH–47E and MH–60K

7 helicopters for operational use.

8 (b) REPORT.—Except as provided in subsection (a)

9 above, any waiver by the Secretary of Defense of the appli10 cation of the survivability tests to the MH–47E and MH–

11 60K helicopters shall comply with all other requirements

12 of subsection (c) of section 2366 of title 10, United States

13 Code.

14 SEC. 803. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR

15 COAL AND COKE.

16 (a) IN GENERAL.—Section 2404 of title 10, United

17 States Code, is amended—

18 (1) in the catchline for the provision by insert19 ing ‘‘, coal, coke,’’ after ‘‘petroleum’’;

20 (2) in subsection (a)—

21 (A) by inserting ‘‘, coal, coke,’’ after ‘‘pe22 troleum’’; and

23 (B) in paragraph (1), by inserting ‘‘, coal

24 market conditions, coke market conditions,’’

25 after ‘‘petroleum market conditions’’;
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1 (3) in subsection (b), by inserting ‘‘, coal,

2 coke,’’ after ‘‘petroleum’’;

3 (4) in subsection (c), by inserting ‘‘, coal,

4 coke,’’ after the term ‘‘petroleum’’; and

5 (5) in subsection (d), by inserting ‘‘, coal,

6 coke,’’ after ‘‘petroleum’’.

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

8 for chapter 141 of such title 10 is amended by amending

9 the item relating to section 2104 by inserting ‘‘, coal,

10 coke,’’ after ‘‘petroleum’’.

11 SEC. 804. REPEAL OF CERTIFICATION OF FUNDING FOR

12 SUPPORT COSTS IN THE FIVE YEAR DEFENSE

13 PROGRAM.

14 Section 2306b(i)(1) of title 10, United States Code,

15 is amended—

16 (1) by striking ‘‘each of the following conditions

17 is satisfied:’’;

18 (2) by striking subparagraph (A); and

19 (3) by striking ‘‘(B) The’’ and inserting in lieu

20 thereof ‘‘the’’.

21 SEC. 805. REPEAL OF THE SHIPBUILDING CAPABILITY

22 PRESERVATION AGREEMENT.

23 (a) REPEALER.—Section 7315 of title 10, United

24 States Code, relating to the Shipbuilding Capability Pres25 ervation Agreement, is repealed.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 633 of title 10 is amended

3 by striking the item relating to section 7315.

4 SEC. 806. ELIMINATION OF SUBCONTRACT NOTIFICATION

5 REQUIREMENTS.

6 Section 2306(e) of title 10, United States Code, is

7 amended to read as follows:

8 ‘‘(e) Except for contracts with a contractor that

9 maintains a purchasing system that has been approved by

10 the cognizant contracting officer, each cost contract and

11 each cost-plus-a-fixed-fee contract shall include a contract

12 provision that requires the contractor to notify the agency,

13 prior to the award under a prime contract, of—

14 ‘‘(1) a cost-plus-a-fixed-fee subcontract; or

15 ‘‘(2) a fixed-price subcontract or purchase order

16 involving more than the greater of—

17 ‘‘(A) the simplified acquisition threshold;

18 or

19 ‘‘(B) 5 percent of the estimated cost of the

20 prime contract.’’.

21 SEC. 807. ANNUAL REPORT TO CONGRESS ON NUCLEAR AT22 TACK SUBMARINE PROCUREMENT AND SUB23 MARINE TECHNOLOGY.

24 Section 131 of the National Defense Authorization

25 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
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1 206) is amended by striking subsections (b), (c), (e) and

2 (f).

3 SEC. 808. ELIMINATION OF ANNUAL REPORT ON DESIGN

4 RESPONSIBILITY OF NEW ATTACK SUB5 MARINE PROGRAM.

6 Section 121(g) of the National Defense Authorization

7 Act of Fiscal Year 1997 (Public Law 104–201; 110 Stat.

8 2441) is amended by striking paragraph (3).

9 SEC. 809. CLERICAL AMENDMENT TO THE AUTHORITY TO

10 CARRY OUT CERTAIN PROTOTYPE PROJECTS.

11 Section 845(b)(1) of the National Defense Authoriza12 tion Act for Fiscal Year 1994 (Public Law 103–160; 107

13 Stat. 1722; 10 U.S.C. 2371 note), as amended by section

14 804 of the National Defense Authorization Act for Fiscal

15 Year 1997 (Public Law 104–201; 110 Stat. 2605), is

16 amended by striking ‘‘(e)(2) and (e)(3) of such section

17 2371’’ and inserting in lieu thereof ‘‘(e)(1)(B) and (e)(2)

18 of such section 2371’’.

19 SEC. 810. MANUFACTURING TECHNOLOGY COST-SHARING.

20 Section 2525 of title 10, United States Code, is

21 amended—

22 (1) in subsection (b)—

23 (A) by redesignating paragraphs (5)

24 through (8) as paragraphs (6) through (9), re25 spectfully; and
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1 (B) by inserting after paragraph (3) the

2 following new paragraph (4):

3 ‘‘(4) to address broad defense-related manufac4 turing inefficiencies and requirements;’’; and

5 (2) by amending subsections (d) and (e) to read

6 as follows:

7 ‘‘(d) COMPETITION AND COST-SHARING.—(1) Com8 petitive procedures shall be used for awarding all grants

9 and entering into all contracts, cooperative agreements,

10 and other transactions under the program.

11 ‘‘(2)(A) Cost-sharing is required for projects under12 taken under the terms of this section except when a

13 project meets conditions in subparagraph (B).

14 ‘‘(B) Cost-sharing may be waived when a project—

15 ‘‘(i) is not likely to have an immediate and

16 direct commercial application, and

17 ‘‘(ii) is initiated by a military Service acquisi18 tion organization or by the Defense Logistics Agen19 cy, pursuant to a formal review of manufacturing

20 development opportunities and planning for project

21 execution.

22 ‘‘(C) If cost-sharing is not used, the appropriate

23 Service Acquisition Executive, the Director of the Defense

24 Logistics Agency, or a designee of such an official, shall
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1 document the rationale in the transaction file for each

2 such project.

3 ‘‘(e) FIVE-YEAR PLAN.—(1) The Under Secretary of

4 Defense (Acquisition & Technology) shall prepare a five5 year plan for the program which establishes—

6 ‘‘(A) The overall manufacturing technology

7 goals, milestones, priorities, and investment strategy

8 for the program; and

9 ‘‘(B) for each of the five fiscal years covered by

10 the plan, the objectives of, and funding for the pro11 gram by, each military department and each Defense

12 Agency participating in the program.

13 ‘‘(2) The plan shall also provide an assessment of the

14 following:

15 ‘‘(A) Effectiveness of the program.

16 ‘‘(B) Extent to which the costs of projects are

17 being shared.

18 ‘‘(3) The plan shall be updated annually and shall

19 be included in the budget justification documents sub20 mitted in support of the budget of the Department of De21 fense for a fiscal year (as included in the budget of the

22 President submitted to Congress under section 1105 of

23 title 31).’’.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 Subtitle A—Organization

5 SEC. 901. ABOLISHMENT OF POSITION OF ASSISTANT TO

6 THE SECRETARY OF DEFENSE FOR NUCLEAR

7 AND CHEMICAL AND BIOLOGICAL DEFENSE

8 PROGRAMS.

9 (a) IN GENERAL.—Section 142 of title 10, United

10 States Code, is repealed.

11 (b) CONFORMING AMENDMENTS.—Section 179(c)(2)

12 of such title 10 is amended by striking ‘‘The Assistant

13 to the Secretary of Defense for Nuclear and Chemical and

14 Biological Defense Programs’’ and inserting in lieu thereof

15 ‘‘Director, Defense Research & Engineering’’. Section

16 5316 of title 5, United States Code, is amended by strik17 ing ‘‘Assistant to the Secretary of Defense for Nuclear and

18 Chemical and Biological Defense Programs, Department

19 of Defense’’.

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

21 at the beginning of Chapter 4 of title 10, United States

22 Code, is amended by striking the item relating to section

23 142.
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1 SEC. 902. MODIFICATION OF THE TITLES OF CERTAIN MEM2 BERS OF THE STRATEGIC ENVIRONMENTAL

3 RESEARCH AND DEVELOPMENT PROGRAM

4 COUNCIL.

5 Section 2902(b) of title 10, United States Code, is

6 amended—

7 (1) in paragraph(1), by striking ‘‘Director of

8 Defense Research and Engineering’’ and inserting in

9 lieu thereof ‘‘Deputy Under Secretary of Defense for

10 Science and Technology’’; and

11 (2) in paragraph (6), by striking ‘‘Energy Re12 search’’ and inserting in lieu thereof ‘‘Science’’.

13 SEC. 903. ESTABLISHMENT OF THE POSITION IN THE OF14 FICE OF THE SECRETARY OF DEFENSE OF DI15 RECTOR OF DEFENSE LOGISTICS.

16 (a) IN GENERAL.—Chapter 4 of title 10, United

17 States Code, is amended by inserting after section 133a

18 the following new section:

19 ‘‘§ 133b. Director of Defense Logistics

20 ‘‘(a) There is a Director of Defense Logistics, ap21 pointed from civilian life by the President, by and with

22 the advice and consent of the Senate at level 4 of the Exec23 utive Schedule.

24 ‘‘(b) The Director shall be appointed without regard

25 to political affiliation and solely on the basis of fitness to

26 perform the duties of the office of Director.
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1 ‘‘(c) Except as otherwise prescribed by the Secretary

2 of Defense, the Director is the principal adviser to the Sec3 retary and the Under Secretary of Defense for Acquisition

4 and Technology on logistics in the Department of Defense

5 and the principal logistics official within the senior man6 agement of the Department of Defense, and shall perform

7 such duties relating to logistics as the Under Secretary

8 of Defense for Acquisition and Technology may assign,

9 including—

10 ‘‘(1) prescribe, by authority of the Secretary of

11 Defense, policies and procedures for the conduct of

12 logistics in the Department of Defense;

13 ‘‘(2) advise and assist the Secretary of Defense,

14 the Deputy Secretary of Defense, the Under Sec15 retary of Defense for Acquisition and Technology

16 and provide guidance to and consult with the Secre17 taries of military departments with respect to logis18 tics in the Department of Defense; and

19 ‘‘(3) monitor and review all logistics programs

20 in the Department of Defense.’’.

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

22 at the beginning of such chapter 4 is amended by inserting

23 after the item relating to section 133a the following new

24 item:

‘‘133b. Director of Defense Logistics.’’.
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1 (c) CONFORMING AMENDMENT.—Section 5315 of

2 title 5, United States Code, is amended by adding at the

3 end the following new item:

4 ‘‘Director of Defense Logistics’’.

5 Subtitle B—Management of Service

6 Academies

7 SEC. 905. ELIGIBILITY FOR PRESIDENTIAL APPOINTMENT

8 TO A SERVICE ACADEMY; TO INCLUDE CHIL9 DREN OF RESERVE PERSONNEL AND CER10 TAIN ACTIVE DUTY PERSONNEL.

11 (a) ARMY.—Section 4342(b)(1) of title 10, United

12 States Code, is amended—

13 (1) by striking subparagraph (A) and inserting

14 in lieu thereof the following new subparagraph:

15 ‘‘(A) are currently on active duty (other

16 than for training) and who have served on ac17 tive duty for a total of at least eight years.’’;

18 (2) in subparagraph (B), by striking ‘‘, other

19 than those granted retired pay under section 12731

20 of this title (or under section 1331 of this title as

21 in effect before the effective date of the Reserve Of22 ficer Personnel Management Act)’’; and

23 (3) by adding at the end the following new sub24 paragraphs (C) and (D):
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1 ‘‘(C) are serving as a member of a reserve

2 component and have earned at least 2,880 re3 tirement points credited for purposes of section

4 12733 of this title; or

5 ‘‘(D) are, or who died while they were, eli6 gible for retired pay under chapter 1223 of this

7 title, but had not yet reached age 60; ’’.

8 (b) NAVY.—Section 6954(b)(1) of title 10, United

9 States Code, is amended—

10 (1) by striking subparagraph (A) and inserting

11 in lieu thereof the following new subparagraph:

12 ‘‘(A) are currently on active duty (other

13 than for training) and who have served on ac14 tive duty for a total of at least eight years.’’;

15 (2) in subparagraph (B), by striking ‘‘, other

16 than those granted retired pay under section 12731

17 of this title (or under section 1331 of this title as

18 in effect before the effective date of the Reserve Of19 ficer Personnel Management Act)’’; and

20 (3) by adding at the end the following new sub21 paragraphs (C) and (D):

22 ‘‘(C) are serving as a member of a reserve

23 component and who have earned at least 2,880

24 retirement points countable for purposes of sec25 tion 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 (c) AIR FORCE.—Section 9342(b)(1) of title 10,

5 United States Code, is amended—

6 (1) by striking subparagraph (A) and inserting

7 in 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 SEC. 906. 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. 907. 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 6957a(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. EXEMPTION OF RETIREE COUNCIL MEMBERS

20 FROM RECALLED RETIREE LIMITS.

21 Section 690 (b)(2) of title 10, United States Code,

22 is amended by adding at the end the following new sub23 paragraph (D):
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1 ‘‘(D) Any officer assigned to duty as a member of

2 the Army, Navy, or Air Force Retiree Council for the pe3 riod of active duty to which ordered.’’.

4 Subtitle D—Other Matters

5 SEC. 915. VESSELS STRICKEN FROM NAVAL VESSEL REG6 ISTER, CAPTURED.

7 Section 7306(d) of title 10, United States Code is

8 amended—

9 (1) by striking the designator (1) at the begin10 ning of the first paragraph;

11 (2) by striking paragraph (2); and

12 (3) in the remaining matter, by striking ‘‘days

13 of continuous session of Congress’’ and inserting in

14 lieu thereof ‘‘calendar days’’.

15 SEC. 916. LEASES: LAND FOR SPECIAL OPERATIONS ACTIVI16 TIES; EXTENSION OF AUTHORITY.

17 Section 2680(d) of title 10, United States Code, is

18 amended by striking ‘‘September 30, 2000’’ and inserting

19 in lieu thereof ‘‘September 30, 2002’’.

20 SEC. 917. TO CONSOLIDATE VARIOUS DEPARTMENT OF THE

21 NAVY TRUST AND GIFT FUNDS.

22 (a) CONSOLIDATION OF NAVAL ACADEMY GENERAL

23 GIFT FUND AND THE NAVAL ACADEMY MUSEUM

24 FUND.—Section 6973 of title 10, United States Code, is

25 amended—
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1 (1) by amending subsection 6973(a) to read as

2 follows:

3 ‘‘(a)(1) The Secretary of the Navy may accept, hold,

4 administer, and spend gifts and bequests of personal prop5 erty, and loans of personal property other than money,

6 made on the condition that it be used for the benefit of,

7 or for use in connection with, the Naval Academy or the

8 Naval Academy Museum, its collection, or its services.

9 Gifts or bequests of money and the proceeds from the sales

10 of property received as gifts shall be deposited in the

11 Treasury in the fund called ‘United States Naval Academy

12 Gift and Museum Fund.’ The Secretary may disburse

13 funds deposited under this subsection for the benefit or

14 use of the Naval Academy or the Naval Academy Museum

15 subject to the terms of the gift or bequest.

16 ‘‘(2) The Secretary shall develop written guidelines

17 to be used in determining whether the acceptance of

18 money, personal property or loans of personal property

19 under paragraph (1) would reflect unfavorably upon the

20 ability of the Department of the Navy or any employee

21 of the Department of the Navy to carry out its responsibil22 ities or his or her official duties in a fair and objective

23 manner, or would compromise the integrity, or the appear24 ance of the integrity, of its programs or any official in25 volved in those programs.’’; and
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1 (2) in subsection 6973(c), by striking ‘‘United

2 States Naval Academy general gift fund’’ both times

3 such phrase appears in the subsection and by insert4 ing in lieu thereof, in each instance, ‘‘United States

5 Naval Academy Gift and Museum Fund.’’.

6 (b) REPEAL OF NAVAL ACADEMY MUSEUM FUND.—

7 Section 6974 of such title 10, is hereby repealed.

8 (c) REPEAL OF NAVAL HISTORICAL CENTER

9 FUND.—Section 7222 of such title 10, is hereby repealed.

10 (d) TRANSFER OF FUNDS.—

11 (1) UNITED STATES GIFT AND MUSEUM

12 FUND.—All funds currently deposited or held in the

13 United States Naval Academy Museum Fund estab14 lished pursuant to section 6974 of such title 10,

15 shall be transferred to the United States Naval

16 Academy Gift and Museum Fund authorized by sub17 section (a).

18 (2) NAVY GENERAL GIFT FUND.—All funds cur19 rently deposited or held in the Naval Historical Cen20 ter Fund, established pursuant to section 7222 of

21 such title 10, shall be transferred to the Department

22 of the Navy General Gift Fund authorized by section

23 2601 of such title 10.

24 (e) CLERICAL AMENDMENTS.—
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1 (1) CHAPTER 603.—The Table of Sections at

2 the beginning of Chapter 603 of such title 10 is

3 amended by striking the item relating to section

4 6974.

5 (2) CHAPTER 631.—The Table of Sections at

6 the beginning of Chapter 631 of such title 10 is

7 amended by striking the item relating to section

8 7222.

9 SEC. 918. USE OF BURDEN SHARING FUNDS FOR CON10 STRUCTION IN THE EVENT OF WAR OR NA11 TIONAL EMERGENCY.

12 Section 2350j(e), title 10, United States Code, is

13 amended by adding at the end the following new para14 graph:

15 ‘‘(3) In the event of a declaration of war or the

16 declaration by the President of a national emergency

17 in accordance with the National Emergencies Act

18 (Public Law 94–412; 50 U.S.C. 1601 et seq.) that

19 requires the use of armed forces in the country (or,

20 in the case of a contribution by a regional organiza21 tion, within the region) which provided the burden

22 sharing contribution, the Secretary of Defense, or

23 the Secretary of a military department when author24 ized by the Secretary of Defense, may undertake a

25 military construction project under subsection (d)
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1 necessary to support such use of the armed forces

2 without meeting the 21-day notice and wait period

3 specified in paragraph (2). However, when a decision

4 is made to undertake a military construction project

5 under such circumstances, the Secretary of Defense

6 shall notify the appropriate committees of Congress

7 of that decision and of the estimated cost of such

8 construction projects, including the cost of any real

9 estate action pertaining to those construction

10 projects. Authority to not comply with the 21-day

11 notice and wait provision shall terminate with re12 spect to any war or national emergency at the end

13 of the war or national emergency.’’.

14 SEC. 919. PROTECTION OF OPERATIONAL FILES OF THE NA15 TIONAL IMAGERY AND MAPPING AGENCY.

16 Title I of the National Security Act of 1947 (50

17 U.S.C. 402 et seq.) is amended by inserting after section

18 105A (50 USC 403–5a) the following new section:

19 ‘‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL

20 IMAGERY AND MAPPING AGENCY

21 SEC. 105B. (a). EXEMPTION OF CERTAIN OPER22 ATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION,

23 OR DISCLOSURE.—(1) Operational files of the National

24 Imagery and Mapping Agency may be exempted by the

25 Director of the National Imagery and Mapping Agency,

26 with the coordination of the Director of Central Intel-
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1 ligence, from the provisions of section 552 of title 5,

2 United States Code (Freedom of Information Act), which

3 require publication or disclosure, or search or review, in

4 connection therewith.

5 ‘‘(2) For the purposes of this section, the term ‘oper6 ational files’ means files of the National Imagery and

7 Mapping Agency (NIMA) concerning the activities of

8 NIMA that were previously performed by the National

9 Photographic Interpretation Center of the Central Intel10 ligence Agency (NPIC), and which document the means

11 by which foreign intelligence or counterintelligence is col12 lected through scientific and technical systems, except that

13 files which are the sole repository of disseminated intel14 ligence are not operational files.

15 ‘‘(3) Notwithstanding paragraph (1) of this sub16 section, exempted operational files shall continue to be

17 subject to search and review for information concerning—

18 ‘‘(A) United States citizens or aliens lawfully

19 admitted for permanent residence who have re20 quested information on themselves pursuant to the

21 provisions of section 552 of title 5, United States

22 Code (Freedom of Information Act), or section 552a

23 of title 5, United States Code (Privacy Act of 1974);
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1 ‘‘(B) any special activity the existence of which

2 is not exempt from disclosure under the provisions

3 of section 552 of title 5, United States Code; or

4 ‘‘(C) the specific subject matter of an investiga5 tion by the Intelligence Oversight Board, the De6 partment of Justice, the Office of General Counsel

7 of the National Imagery and Mapping Agency, or

8 the Office of the Director of the National Imagery

9 and Mapping Agency for any impropriety, or viola10 tion of law, Executive order, or Presidential direc11 tive, in the conduct of an intelligence activity.

12 ‘‘(4)(A) Files that are not exempted under subsection

13 (a)(1) of this section which contain information derived

14 or disseminated from exempted operational files shall be

15 subject to search and review.

16 ‘‘(B) The inclusion of information from exempted

17 operational files in files that are not exempted under sub18 section (a)(1) shall not affect the exemption under sub19 section (a)(1) of the originating operational files from

20 search, review publication, or disclosure.

21 ‘‘(C) Records from exempted operational files which

22 have been disseminated to and referenced in files that are

23 not exempted under subsection (a)(1) and which have been

24 returned to exempted operational files for sole retention

25 shall be subject to search and review.
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1 ‘‘(5) the provisions of subsection (a)(1) may not be

2 superseded except by a provision of law which is enacted

3 after the date of enactment of this act, and which specifi4 cally cites and repeals or modifies its provisions.

5 ‘‘(6) Whenever any person who has requested agency

6 records under section 552 of title 5, United States Code

7 (Freedom of Information Act), alleges that the National

8 Imagery and Mapping Agency has withheld records im9 properly because of failure to comply with any provision

10 of this section, judicial review shall be available under the

11 terms set forth in section 552(a)(4)(B) of title 5, United

12 States Code, except that—

13 ‘‘(A) in any case in which information specifi14 cally authorized under criteria established by an Ex15 ecutive Order to be kept secret in the interests of

16 national defense or foreign relations is filed with, or

17 produced for, the court by the National Imagery and

18 Mapping Agency, such information shall be exam19 ined ex parte, in camera by the court;

20 ‘‘(B) the court shall, to the fullest extent prac21 ticable, determine the issues of fact based on sworn

22 written submissions of the parties;

23 ‘‘(C) when a complainant alleges that requested

24 records were improperly withheld because of im25 proper exception of operational files, the National
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1 Imagery and Mapping Agency shall meet its burden

2 under section 552(a)(4)(B) of title 5, United States

3 Code, by demonstrating to the court by sworn writ4 ten submission that exempted operational files likely

5 to contain responsible records currently perform the

6 functions set forth in subsection (a)(2) of this sec7 tion;

8 ‘‘(D)(i) when a complainant alleges that re9 quested records were improperly withheld because of

10 improper exception of operational files, the National

11 Imagery and Mapping Agency shall meet its burden

12 under section 552(a)(4)(B) of title 5, United States

13 Code, by demonstrating to the court by sworn writ14 ten submission that exempted operational files likely

15 to contain responsible records currently perform the

16 functions set forth in subsection (a)(2) of this sec17 tion; and

18 ‘‘(ii) the court may not order the National Im19 agery and Mapping Agency to review the content of

20 any exempted operational file or files in order to

21 make the demonstration required under clause (i) of

22 this subparagraph, unless the complainant disputes

23 the National Imagery and Mapping Agency’s show24 ing with a sworn written submission based on per25 sonal knowledge or otherwise admissible evidence;
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1 ‘‘(E) in proceedings under subparagraphs (C)

2 and (D) of subsection (a)(6), the parties shall not

3 obtain discovery pursuant to rules 26 and 36;

4 ‘‘(F) if the court finds under this subsection

5 that the National Imagery and Mapping Agency has

6 improperly withheld requested records because of

7 failure to comply with any provisions of this section,

8 the court shall order the National Imagery and Map9 ping Agency to search and review the appropriate

10 exempted operational file or files for the requested

11 records and make such records, or portions thereof,

12 available in accordance with the provisions of section

13 552 of title 5, United States Code (Freedom of In14 formation Act), and such order shall be the exclusive

15 remedy for failure to comply with the section;

16 ‘‘(G) if at any time following the filing of a

17 complaint pursuant to this subsection the National

18 Imagery and Mapping Agency agrees to search the

19 appropriate exempted operational file or files for the

20 requested records, the court shall dismiss the claim

21 based upon such complaint; and

22 ‘‘(H) any information filed with, or produced

23 for the court pursuant to subparagraphs (A) and

24 (D) shall be coordinated with the Director of Central

25 Intelligence prior to submission to the court.
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1 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER2 ATIONAL FILES.—(1) Not less than once every ten years,

3 the Director of the National Imagery and Mapping Agency

4 and the Director of Central Intelligence shall review the

5 exemptions in force under subsection (a)(1) of this section

6 to determine whether such exemptions may be removed

7 from the category or exempted files or any portion thereof.

8 The Director of Central Intelligence must approve any de9 termination to remove such exemptions.

10 ‘‘(2) The review required by subsection (b)(1) of this

11 section shall include consideration of the historical values

12 of other public interest in the subject matter of the par13 ticular category of files or portions thereof and the poten14 tial for declassifying a significant part of the information

15 contained therein.

16 ‘‘(3) A complaint which alleges that the National Im17 agery and Mapping Agency has improperly withheld

18 records because of failure to comply with this subsection

19 may seek judicial review in the district court of the United

20 States of the district in which any of the parties reside,

21 or in the District of Columbia. In such a proceeding, the

22 court’s review shall be limited to determining—

23 ‘‘(A) whether the National Imagery and Map24 ping Agency has conducted the review required by

25 subsection (b)(1) within 10 years after the enact-
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1 ment of this section or within ten years after the

2 last review; and

3 ‘‘(B) whether the National Imagery and Map4 ping Agency, in fact, considered the criteria set forth

5 in subsection (b)(2) of this section in conducting the

6 required review.’’

7 TITLE X—GENERAL PROVISIONS

8 Subtitle A—Financial Matters

9 SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE

10 BUDGET REQUEST FOR PROCUREMENT OF

11 RESERVE EQUIPMENT.

12 Section 114(e) of title 10, United States Code, is re13 pealed.

14 SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR

15 BUDGET CYCLE FOR THE DEPARTMENT OF

16 DEFENSE.

17 Section 1405 of the Department of Defense Author18 ization Act, 1986 (31 U.S.C. 1105 note) is repealed.

19 SEC. 1003. DATE FOR SUBMITTAL OF JOINT REPORT ON

20 SCORING OF BUDGET OUTLAYS.

21 Section 226 of title 10, United States Code is

22 amended—

23 (1) in subsection (a) by striking ‘‘Not later

24 than December 15 of each year’’ and inserting in

25 lieu thereof ‘‘Not later than the day on which the
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1 budget for any fiscal year is submitted to Congress

2 pursuant to section 1105 of title 31’’;

3 (2) in paragraph (a)(1) by striking ‘‘major

4 functional category 050’’ and all that follows

5 through ‘‘section 1105 of title 31;’’, and inserting in

6 lieu thereof ‘‘subfunctional category 051 (Depart7 ment of Defense—Military) for that budget;’’;

8 (3) in the catchline to subsection (b) by striking

9 ‘‘USE OF AVERAGES.—’’ and inserting in lieu there10 of ‘‘USE OF DIFFERENCES.—’’; and

11 (4) in subsection (b) by striking ‘‘, the report

12 shall reflect the average of the relevant outlay rates

13 or assumptions used by the two offices.’’ and insert14 ing in lieu thereof ‘‘, the report shall reflect the dif15 ferences between the relevant outlay rates or as16 sumptions used by the two offices. For each account

17 where a difference exists, the report also shall dis18 play the budget year budget authority (BA), the

19 rates, and the outlays estimated by both offices.’’.

20 Subtitle B—Foreign Nations

21 SEC. 1010. COOPERATIVE MILITARY AIRLIFT AGREEMENTS:

22 ALLIED COUNTRIES.

23 Section 2350c of Chapter 138 of title 10, United

24 States Code, is amended—

25 (1) by striking subsection (d); and
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1 (2) by redesignating subsection (e) as sub2 section (d).

3 Subtitle C—Department of Defense

4 Schools

5 SEC. 1015. AMENDMENT OF ELIGIBILITY REQUIREMENTS

6 FOR ATTENDANCE AT DEPARTMENT OF DE7 FENSE DOMESTIC DEPENDENT ELEMENTARY

8 AND SECONDARY SCHOOLS, RISING SENIOR.

9 Section 2164(c) of title 10, United States Code, is

10 amended by adding at the end the following new para11 graph (4):

12 ‘‘(4) A dependent of a member of the armed forces

13 or of a Federal civilian employee who has been a junior

14 in a secondary school in a program under this section may

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

16 year, notwithstanding a change in the enrollment eligi17 bility status of the dependent that, except for this para18 graph, would otherwise terminate the eligibility of the de19 pendent to be enrolled in the program.’’.

20 SEC. 1016. AMENDMENT OF PROVISION FOR SCHOOL

21 BOARDS IN DEPARTMENT OF DEFENSE DO22 MESTIC DEPENDENT ELEMENTARY AND SEC23 ONDARY SCHOOLS.

24 Section 2164(d)(1) of title 10, United States Code,

25 is amended to read as follows:
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1 ‘‘(1) The Secretary of Defense shall provide for

2 the establishment of a school board for Department

3 of Defense Domestic Dependent Elementary and

4 Secondary Schools at each military installation

5 under this section, except that one school board shall

6 be authorized for all Department of Defense Domes7 tic Dependent Elementary and Secondary Schools lo8 cated in each territory, commonwealth, or possession

9 of the United States.’’.

10 SEC. 1017. AMENDMENT OF ELIGIBILITY CRITERIA FOR DE11 PENDENTS OF MEMBERS OF THE ARMED

12 FORCES OR OF FEDERAL EMPLOYEES TO AT13 TEND DEPARTMENT OF DEFENSE DOMESTIC

14 DEPENDENT ELEMENTARY AND SECONDARY

15 SCHOOLS.

16 Section 2164(c)(3) of title 10, United States Code,

17 is amended to read as follows:

18 ‘‘(3) The Secretary of Defense may authorize a

19 dependent of a member of the armed forces or the

20 dependent of a Federal employee, to continue enroll21 ment in a program under this subsection for so long

22 as the Secretary of Defense deems appropriate not23 withstanding a change in the status of the member

24 of the armed forces or of the Federal employee that,

25 except for this paragraph, would otherwise terminate
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1 the eligibility of the dependent to be enrolled in the

2 program. The Secretary shall exercise this authority

3 only for a showing of good cause as determined by

4 the Secretary or his representative for this purpose.

5 The Secretary of Defense may remove the dependent

6 from the program at any time for cause.’’.

7 Subtitle D—Other Matters

8 SEC. 1020. NATIONAL GUARD CHALLENGE PROGRAM.

9 Section 509(b) of title 32, United States Code, is

10 amended by striking ‘‘, except that Federal expenditures

11 under the program may not exceed $50,000,000 for any

12 fiscal year’’.

13 DIVISION B—MILITARY CON14 STRUCTION AUTHORIZA15 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 1997

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.
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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

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 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.

Subtitle C—Defense Base Closure and Realignment

Sec. 2805. Establishment of environmental restoration accounts for base closure installations and formerly used defense sites.
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1 SEC. 2001. SHORT TITLE.

2 This division may be cited as the ‘‘Military Construc3 tion Authorization Act for Fiscal Year 2000’’.

4 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 1997

projects.

5 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 (a) INSIDE THE UNITED STATES.—Using amounts

8 appropriated pursuant to the authorization of appropria9 tions in section 2104(a)(1), the Secretary of the Army

10 may acquire real property and carry out military construc11 tion projects for the installations and locations inside the

12 United States, and in the amounts, set forth in the fol13 lowing table:

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 Base ....................... $25,000,000

District of Columbia ......... Fort McNair .......................................... $1,250,000

Walter Reed Medical Center ................. $6,800,000

Georgia ............................. Fort Benning ........................................ $48,400,000

Fort Stewart/Hunter Army Air Field ... $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
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Army: Inside the United States—Continued

State Installation or location Amount

Letterkenny Army Depot ...................... $3,650,000

South Carolina ................. Fort Jackson ......................................... $7,400,000

Texas ................................ Fort Bliss .............................................. $50,400,000

Fort Hood ............................................. $68,000,000

Virginia ............................. Fort Belvoir .......................................... $3,850,000

Fort Eustis ............................................ $39,000,000

Fort Myer .............................................. $2,900,000

Washington ....................... Fort Lewis ............................................. $6,200,000

Yakima Training Center ....................... $17,200,000

CONUS Various ............... CONUS Various .................................... $36,400,000

Total .............................................. $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
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1 purposes, and in the amounts set forth in the following

2 table:

Army: Family Housing

State Installation or location Purpose Amount

Korea ............................ Camp Humphreys ....... 60 Units .......... $24,000,000

Total ........ $24,000,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in

5 section 2104(a)(19)(A), the Secretary of the Army may

6 carryout architectural and engineering services and con7 struction design activities with respect to the construction

8 or improvement of family housing units in an amount not

9 to exceed $4,300,000.

10 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States

13 Code, and using amounts appropriated pursuant to the

14 authorization of appropriations in sections

15 2104(a)(19)(A), the Secretary of the Army may improve

16 existing military family housing units in an amount not

17 to exceed $32,600,000.

18 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

19 (a) IN GENERAL.—Funds are hereby authorized to

20 be appropriated for fiscal years beginning after September

21 30, 1999, for military construction, land acquisition, and
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1 military family housing functions of the Department of the

2 Army in the total amount of $1,768,086,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2101(a),

5 $187,513,000.

6 (2) For the military construction projects outside the

7 United States authorized by section 2101(b),

8 $13,985,000.

9 (3) For a reduction in the amount of supervision, in10 spection and overhead included in the above authorization

11 of appropriations, section 2104(a) (1) and (2) of this Act,

12 $30,689,000.

13 (4) For the construction of the U.S. Disciplinary

14 Barracks, Phase II, Fort Leavenworth, Kansas, author15 ized in section 2101(a) of the National Defense Authoriza16 tion Act for Fiscal Year 1998 (division B of Public Law

17 105–85; 111 Stat. 1967), $18,800,000.

18 (5) For the construction of the Railhead Facility,

19 Fort Hood, Texas, authorized in section 2101(a) of the

20 National Defense Authorization Act for Fiscal Year 1999

21 (division B of Public Law 105–261; 112 Stat. 2182),

22 $14,800,000.

23 (6) For the construction of the Power Plant, Roi

24 Namur Island, Kwajalein Atoll, Kwajalein, authorized in

25 section 2101(a) of the National Defense Authorization Act
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1 for Fiscal Year 1999 (division B of Public Law 105–261;

2 112 Stat. 2183), $35,400,000.

3 (7) For the construction of the Cadet Development

4 Center, United States Military Academy, West Point, New

5 York, authorized in section 2101(a) of the National De6 fense Authorization Act for Fiscal Year 1999 (division B

7 of Public Law 105–261; 112 Stat. 2182), $28,500,000.

8 (8) For the construction of the Ammunition Demili9 tarization Facility, Anniston Army Depot, Alabama, au10 thorized in section 2101(a) of the Military Construction

11 Authorization Act for Fiscal Year 1991 (division B of

12 Public Law 101–510; Stat. 1758), as amended by section

13 2101(a) of the Military Construction Authorization Act

14 for Fiscal Years 1992 and 1993 (division B of Public Law

15 102–190; 105 Stat. 1508); section 2101(a) of the Military

16 Construction Authorization Act for Fiscal Year 1993 (di17 vision B of Public Law 102–484; 106 Stat. 2586); and

18 section 2401 of the Military Construction Authorization

19 Act for Fiscal Year 1995 (division B of Public Law 103–

20 337, 108 Stat. 3040), $7,000,000.

21 (9) For the construction of the Ammunition Demili22 tarization Facility, Pine Bluff Arsenal, Arkansas, author23 ized in section 2401 of Military Construction Authoriza24 tion Act for Fiscal Year 1995 (division B of Public Law

25 103–337; 108 Stat. 3040), as amended by section 2407
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1 of the National Defense Authorization Act for Fiscal Year

2 1996 (division B of Public Law 104–106; 110 Stat. 539),

3 section 2408 of the Military Construction Authorization

4 Act for Fiscal Year 1998 (division B of Public Law 105–

5 85; 111 Stat. 1982), and section 2406 of the Military Con6 struction Authorization Act for Fiscal Year 1999 (division

7 B of Public Law 105–261; 112 Stat. 2197), $61,800,000.

8 (10) For the construction of the Ammunition Demili9 tarization Facility, Umatilla Army Depot, Oregon, author10 ized in section 2401 of the Military Construction Author11 ization Act for Fiscal Year 1995 (division B of Public Law

12 103–337; 108 Stat. 3040), as amended by section 2407

13 of the Military Construction Authorization Act for Fiscal

14 Year 1996 (division B of Public Law 104–106; 110 Stat.

15 539), section 2408 of the Military Construction Authoriza16 tion Act for Fiscal Year 1998 (division B of Public Law

17 105–85; 111 Stat. 1982); and section 2406 of the Military

18 Construction Authorization Act for Fiscal Year 1999 (di19 vision B of Public Law 105–261; 112 Stat. 2197),

20 $35,900,000.

21 (11) For the construction of the Ammunition Demili22 tarization Facility, Aberdeen Proving Ground, Maryland,

23 authorized in section 2401(a) of the Military Construction

24 Authorization Act for Fiscal Year 1999 (division B of

25 Public Law 105–261; 112 Stat. 2193), $66,600,000.
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1 (12) For the construction of the Ammunition Demili2 tarization Facility at Newport Army Depot, Indiana, au3 thorized in section 2401(a) of the Military Construction

4 Authorization Act for Fiscal Year 1999 (division B of

5 Public Law 105–261; 112 Stat. 2193), $61,200,000.

6 (13) For the construction of the Ammunition Demili7 tarization Facility, Pueblo Army Depot, Colorado, author8 ized in section 2401(a) of the Military Construction Au9 thorization Act for Fiscal Year 1997 (division B of Public

10 Law 104–201; 110 Stat. 2775), $11,800,000.

11 (14) For the construction of the Whole Barracks

12 Complex Renewal, Fort Campbell, Kentucky, authorized

13 in section 2101(a) of the Military Construction Authoriza14 tion Act for Fiscal year 1999 (division B of Public Law

15 105–261; 112 Stat. 2182), $4,800,000.

16 (15) For the Construction of the Multi-Purpose Dig17 ital Training Range, Fort Knox, Kentucky, authorized in

18 section 2101(a) of the Military Construction Authorization

19 Act for Fiscal Year 1999 (division B of Public Law 105–

20 261; 112 Stat. 2182), $2,400,000.

21 (16) For the construction of the Force XXI Soldier

22 Development Center, Fort Hood, Texas, authorized in sec23 tion 2101(a) of the Military Construction Authorization

24 Act for Fiscal Year 1999 (division B of Public Law 105–

25 85; 111 Stat. 1966), $14,000,000.
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1 (17) For unspecified minor construction projects au2 thorized by section 2805 of title 10, United States Code,

3 $9,500,000.

4 (18) For architectural and engineering services and

5 construction design and supervision, inspection and over6 head as follows:

7 (A) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $82,005,000.

10 (B) For supervision, inspection and overhead

11 under section 2802 of title 10 United States Code

12 $30,689,000.

13 (19) For military family housing functions:

14 (A) For construction and acquisition, planning

15 and design and improvement of military family hous16 ing and facilities, $14,003,000.

17 (B) For support of military family housing (in18 cluding the functions described in section 2833 of

19 title 10, United States Code), $1,098,080,000.

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 2101, 2102, and 2103, and

25 subject to the same terms, as follows:
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1 (1) For military construction projects author2 ized by section 2101, $659,536,000.

3 (2) For military family housing functions au4 thorized by sections 2102(a) and 2103,

5 $43,991,000.

6 (c) ADVANCE 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 and land

13 acquisition authorized for fiscal year 2001,

14 $950,784,000.

15 (2) For military family housing functions au16 thorized for fiscal year 2001, $1,018,264,000.

17 (d) LIMITATION ON TOTAL COST OF CONSTRUCTION

18 PROJECTS.— Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and

20 any other cost variation authorized by law, the total cost

21 of all projects carried out under section 2101 of this Act

22 may not exceed $1,022,500,000.
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1 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 1997 PROJECTS.

3 The table in section 2401 of the Military Construc4 tion Authorization Act for Fiscal Year 1997 (division B

5 of Public Law 104–201; 110 Stat.2775), under the agency

6 heading relating to Chemical Weapons and Munitions De7 struction, is amended in the item relating to Pueblo Chem8 ical Activity, Colorado, by striking out ‘‘$179,000,000’’ in

9 the amount column and inserting in lieu thereof

10 ‘‘$203,500,000’’.

11 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 .

12 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

13 ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts

15 appropriated pursuant to the authorization of appropria16 tions in section 2204(a)(1), the Secretary of the Navy may

17 acquire real property and carry out military construction

18 projects for the installations and locations inside the

19 United States, and in the amounts, set forth in the fol20 lowing table:

Navy: Inside the United States

State Installation or location Amount

Arizona ............................. Marine Corps Air Station, Yuma ..........

Navy Detachment, Camp Navajo ..........

$17,020,000

$7,560,000

California .......................... Marine Corps Air-Ground Combat Center, Twentynine Palms.$34,760,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Marine Corps Base, Camp Pendleton ...

Marine Corps Logistics Base, Barstow

Marine Corps Recruit Depot, San

Diego.

Naval Air Station, Lemoore ..................

Naval Air Station, North Island ...........

Naval Hospital, San Diego ...................

Naval Hospital, Twentynine Palms ......

$31,660,000

$4,670,000

$3,200,000

$24,020,000

$54,420,000

$21,590,000

$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 .................................

Marine Corps Air Station, Kaneohe

Bay.

Naval Shipyard, Pearl Harbor ..............

Naval Station, Pearl Harbor .................

Naval Submarine Base, Pearl Harbor ..

$86,050,000

$5,790,000

$10,610,000

$18,600,000

$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 ..

Marine Corps Base, Camp LeJeune .....

$5,470,000

$21,380,000

Pennsylvania ..................... Navy Ships Parts Control Center, Mechanicsburg.$2,990,000

South Carolina ................. Naval Weapons Station, Charleston .....

Marine Corps Air Station, Beaufort .....

$7,640,000

$10,490,000

Virginia ............................. Marine Corps Combat Development

Command, Quantico.

Naval Air Station, Oceana ....................

Naval Shipyard, Norfolk, Portsmouth ..

Naval Station, Norfolk ..........................

Naval Weapons Station, Yorktown .......

Tactical Training Group Atlantic, Dam

Neck.

$20,820,000

$11,490,000

$17,630,000

$69,550,000

$25,040,000

$10,310,000

Washington ....................... Naval Ordnance Center Pacific Division

Detachment, Port.

$3,440,000

Hadlock

Puget Sound Naval Shipyard, Bremerton.

Strategic Weapons Facility Pacific,

Bremerton.

$15,610,000

$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
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1 projects for the locations outside the United States, and

2 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

3 SEC. 2202. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2204(a)(7)(A), the Secretary of the

7 Navy may construct or acquire family housing units (in8 cluding land acquisition) at the installations, for the pur9 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

Naval Base Pearl Harbor

133 Units ....

96 Units ......

$30,168,000

$19,167,000

Total .... $75,950,000

10 (b) PLANNING AND DESIGN.—Using amounts appro11 priated pursuant to the authorization of appropriation in

12 section 2204(a)(7)(A), the Secretary of the Navy may

13 carry out architectural and engineering services and con14 struction design activities with respect to the construction

15 or improvement of military family housing units in an

16 amount not to exceed $17,715,000.
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1 SEC. 2203. 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 2204(a)(7)(A),

6 the Secretary of the Navy may improve existing military

7 family housing units in an amount not to exceed

8 $153,250,000.

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

10 (a) IN GENERAL.—Funds are hereby authorized to

11 be appropriated for fiscal years beginning after September

12 30, 1999, for military construction, land acquisition, and

13 military family housing functions of the Department of the

14 Navy in the total amount of $1,284,394,000 as follows:

15 (1) For military construction projects inside the

16 United States authorized by section 2201(a),

17 $202,444,000.

18 (2) For military construction projects outside

19 the United States authorized by section 2201(b),

20 $31,680,000.

21 (3) for a reduction in the amount of super22 vision, inspection and overhead included in the above

23 authorization of appropriations, section 2204(a)(1)

24 and (2) of this act, ($6,178,000).

25 (4) For construction of Berthing Wharf (Incr.

26 II), Naval Station Norfolk, Virginia, authorized in
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1 section 2201(a) of the Military Construction Author2 ization Act for Fiscal Year 1999 (division B of Pub3 lic Law 105–261; 112 Stat. 2187), $12,690,000.

4 (5) For unspecified minor construction projects

5 authorized by section 2805 of title 10, United States

6 Code, $7,342,000.

7 (6) For architectural and engineering services

8 and construction design and supervision, inspection

9 and overhead as follows:

10 (A) For architectural and engineering serv11 ices and construction design under section 2807

12 of title 10, United States Code, $65,630,000.

13 (B) For supervision, inspection and over14 head under section 2802 of title 10 United

15 States Code, $6,178,000.

16 (7) For military family housing functions:

17 (A) For construction and acquisition, plan18 ning and design and improvement of military

19 family housing and facilities, $64,605,000.

20 (B) For support of military housing (in21 cluding functions described in section 2833 of

22 title 10, United States Code), $895,070,000.

23 (b) ADVANCE AUTHORIZATION OF APPROPRIA24 TIONS.—Funds are hereby authorized to be appropriated

25 for fiscal years beginning after September 30, 2000, for
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1 completion of military construction and family housing

2 projects authorized in sections 2201, 2202, and 2203, and

3 subject to the same terms, as follows:

4 (1) For military construction projects, author5 ized by section 2201, $502,812,000.

6 (2) For military family housing functions au7 thorized by sections 2202(a) and 2203,

8 $171,167,000.

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 and family housing projects authorized for fiscal year

14 2001, as follows:

15 (1) For military construction projects and land

16 acquisition authorized for fiscal year 2001,

17 $760,019,000.

18 (2) For military family housing functions au19 thorized for fiscal year 2001, $1,072,195,000.

20 (d) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and

23 any other cost variation authorized by law, the total cost

24 of all projects carried out under section 2201 of this Act

25 may not exceed $849,760,000.
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1 SEC. 2205. AUTHORIZATION, DRUG INTERDICTION AND

2 COUNTER-DRUG ACTIVITIES.

3 Using amounts made available for that purpose in the

4 Drug Interdiction and Counter-Drug Activities, Defense

5 appropriation, the Secretary of the Navy , or such other

6 Service Secretary as the Secretary of Defense later may

7 designate may acquire real property and carry out a mili8 tary construction project for a Forward Deployment Site

9 in a location to be designated by the Secretary of Defense

10 in the amount of $6,726,000.

11 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.

12 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

13 LAND ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts

15 appropriated pursuant to the authorization of appropria16 tions in section 2304(a)(1), the Secretary of the Air Force

17 may acquire real property and carry out military construc18 tion projects for the installations and locations inside the

19 United States, and in the amounts, set forth in the fol20 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alaska ............................... Eielson Air Force Base .........................

Elmendorf Air Force Base ....................

$24,100,000

$32,800,000

Arizona ............................. Davis-Monthan Air Force Base ............ $7,800,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

California .......................... Beale Air Force Base ............................

Travis Air Force Base ..........................

$8,900,000

$7,500,000

Colorado ........................... Peterson Air Force Base .......................

Schriever Air Force Base ......................

U.S. Air Force Academy .......................

$33,000,000

$9,400,000

$17,500,000

CONUS Classified ............ Classified Location ................................ $16,870,000

Florida .............................. Eglin Air Force Base ............................

Eglin Auxiliary Field 9 .........................

MacDill Air Force Base ........................

Patrick Air Force Base .........................

$13,600,000

$18,800,000

$5,500,000

$17,800,000

Georgia ............................. Fort Benning ........................................

Moody Air Force Base ..........................

Robins Air Force Base ..........................

$3,900,000

$3,200,000

$3,350,000

Hawaii .............................. Hickam Air Force Base ........................ $3,300,000

Idaho ................................ Mountain Home Air Force Base ........... $17,000,000

Kansas .............................. McConnell Air Force Base .................... $9,600,000

Kentucky .......................... Fort Campbell ....................................... $6,300,000

Mississippi ........................ Keesler Air Force Base ......................... $27,000,000

Missouri ............................ Whiteman Air Force Base .................... $24,900,000

Nebraska .......................... Offutt Air Force Base ........................... $8,300,000

Nevada .............................. Nellis Air Force Base ........................... $18,600,000

New Jersey ....................... McGuire Air Force Base ....................... $11,800,000

New York ......................... Rome Laboratory .................................. $12,800,000

North Carolina ................. Fort Bragg ............................................

Pope Air Force Base .............................

$4,600,000

$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 ......................

Laughlin Air Force Base ......................

$13,400,000

$3,250,000

Utah ................................. Hill Air Force Base .............................. $4,600,000

Virginia ............................. Langley Air Force Base ........................ $6,300,000

Washington ....................... Fairchild Air Force Base ......................

McChord Air Force Base ......................

$4,500,000

$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
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Air Force: Outside the United States—Continued

Country Installation or location Amount

Korea ................................ Osan Air Base ....................................... $19,600,000

Portugal ............................ Lajes Field, Azores ............................... $1,800,000

United Kingdom ............... Ascension Island ...................................

Royal Air Force Feltwell .......................

Royal Air Force Lakenheath ................

Royal Air Force Mildenhall ...................

Royal Air Force Molesworth .................

$2,150,000

$3,000,000

$18,200,000

$17,600,000

$1,700,000

Total .............................................. $76,650,000

1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition) at the installations, for the

7 purposes, and in the amounts set forth in the following

8 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 ..

Edwards Air Force

Base.

Vandenberg Air Force

Base.

60 Units ..........

188 Units ........

91 Units ..........

$8,500,000

$32,790,000

$16,800,000

District of Columbia ..... Bolling Air Force Base 72 Units .......... $9,375,000

Florida .......................... Eglin Air Force Base ..

MacDill Air Force

Base.

130 Units ........

54 Units ..........

$14,080,000

$9,034,000

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.

Minot Air Force Base

42 Units ..........

72 Units ..........

$10,050,000

$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
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $17,093,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, Unites States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(6)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $124,452,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) IN GENERAL.—Funds are hereby authorized to

19 be appropriated for fiscal years beginning after September

20 30, 1999, for military construction, land acquisition, and

21 military family housing functions of the Department of the

22 Air Force in the total amount of $1,103,162,000 as fol23 lows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2301(a),

3 $122,362,000.

4 (2) For military construction projects outside

5 the United States authorized by section 2301(b),

6 $20,372,000.

7 (3) For a reduction in the amount of super8 vision, inspection and overhead included in the above

9 authorization of appropriations, section 2304(a)(1)

10 and (2) of this Act, $3,376,000.

11 (4) For unspecified minor construction projects

12 authorized by section 2805 of title 10, United States

13 Code, $8,741,000.

14 (5) For architectural and engineering services

15 and construction design and supervision, inspection

16 and overhead costs as follows:

17 (A) For architectural and engineering serv18 ices and construction design under section 2807

19 of title 10, United States Code, $28,004,000.

20 (B) For supervision, inspection and over21 head under 2802 of title 10 United States

22 Code, $3,376,000.

23 (6) For military housing functions:
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1 (A) For construction and acquisition, plan2 ning and design and improvement of military

3 family housing and facilities, $101,791,000.

4 (B) For support of military family housing

5 (including functions described in section 2833

6 of title 10, United States Code), $821,892,000.

7 (b) ADVANCE AUTHORIZATION OF APPROPRIA8 TIONS.—Funds are hereby authorized to be appropriated

9 for fiscal years beginning after September 30, 2000, for

10 completion of military construction and family housing

11 projects authorized in sections 2301, 2302, and 2303, and

12 subject to the same terms, as follows:

13 (1) For military construction projects author14 ized by section 2301, $379,867,000.

15 (2) For military family housing functions au16 thorized by sections 2302(a) and 2303,

17 $215,222,000.

18 (c) ADVANCE AUTHORIZATION OF APPROPRIATIONS

19 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.—Funds are

20 hereby authorized to be appropriated for fiscal years be21 ginning after September 30, 2000, for military construc22 tion and family housing projects authorized for fiscal year

23 2001, as follows:

24 (1) For military construction projects author25 ized for fiscal year 2001, $534,287,000.
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1 (2) For military family housing functions au2 thorized for fiscal year 2001, $1,062,806,000.

3 (d) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and

6 any other cost variation authorized by law, the total cost

7 of all projects carried out under section 2301 of this Act

8 may not exceed $559,920,000.

9 SEC. 2305. AUTHORIZATION, DRUG INTERDICTION AND

10 COUNTER-DRUG ACTIVITIES.

11 Using amounts made available for that purpose in the

12 Drug Interdiction and Counter-Drug Activities, Defense

13 appropriation, the Secretary of the Air Force, or other

14 Service Secretary as the Secretary of Defense later may

15 designate may acquire real property and carry out military

16 construction projects for Forward Deployment Sites in

17 Ecuador, in the amount of $31,229,000, and in Curacao,

18 in the amount of $4,880,000.

19 TITLE XXIV—DEFENSE

20 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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1 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC2 TION AND LAND ACQUISITION PROJECTS.

3 (a) INSIDE THE UNITED STATES.—Using amounts

4 appropriated pursuant to the authorization of appropria5 tions in section 2405(a)(1), the Secretary of Defense may

6 acquire real property and carry out military construction

7 projects for the installations and locations inside the

8 United States, and in the amounts, set forth in the fol9 lowing table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Education Activity.Laurel Bay, South Carolina ..................

Marine Corps Base, Camp LeJeune,

North Carolina.

$2,874,000

Defense Logistics Agency Defense Distribution New Cumberland—DDSP.

DFSC, Elmendorf Air Force Base,

Alaska.

Eielson Air Force Base, Alaska ............

Fairchild Air Force Base, Washington

$5,000,000

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.

Fort Benning, Georgia ..........................

Fort Bragg, North Carolina .................

$4,700,000

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
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Cheatham Annex, Virginia ....................

Davis-Monthan Air Force Base, Arizona.

$1,650,000

Fort Lewis, Washington ....................... $5,500,000

Fort Riley, Kansas ................................ $6,000,000

Fort Sam Houston, Texas .................... $5,800,000

Fort Wainwright, Alaska ......................

Los Angeles Air Force Base, California

$133,000,000

Marine Corps Air Station, Cherry

Point, North Carolina.

$3,500,000

Moody Air Force Base, Georgia ........... $1,250,000

Naval Air Station, Jacksonville, Florida $3,780,000

Naval Air Station, Norfolk, Virginia .... $4,050,000

Naval Air Station, Patuxent River,

Maryland.

$4,150,000

Naval Air Station, Pensacola, Florida .. $4,300,000

Naval Air Station, Whidbey Island,

Washington.

$4,700,000

Patrick Air Force Base, Florida ........... $1,750,000

Travis Air Force Base, California ........ $7,500,000

Wright-Patterson Air Force Base, Ohio $3,900,000

Total ..............................................

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2405(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity.Andersen Air Force Base, Guam .......... $44,170,000

Naval Station Rota, Spain .................... $17,020,000

Royal Air Force, Feltwell, United Kingdom.$4,570,000

Royal Air Force, Lakenheath, United

Kingdom.

$3,770,000

Defense Logistics Agency Andersen Air Force Base, Guam .......... $24,300,000

Moron Air Base, Spain ......................... $15,200,000

National Security Agency Royal Air Force, Menwith Hill Station,

United Kingdom.

$500,000

Tri-Care Management

Agency.

Naval Security Group Activity, Sabana

Seca, Puerto Rico.

$4,000,000
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Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount

Ramstein Air Force Base, Germany ..... $7,100,000

Royal Air Force, Lakenheath, United

Kingdom.

$7,100,000

Yongsan, Korea ..................................... $41,120,000

Total .............................................. $168,850,000

1 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUS2 ING UNITS.

3 Subject to section 2825 of title 10, United States

4 Code, and using amounts appropriated pursuant to the

5 authorization of appropriation in section 2405(a)(8)(A),

6 the Secretary of Defense may improve existing military

7 family housing units in an amount not to exceed $50,000.

8 SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.

9 Of the amount authorized to be appropriated pursu10 ant to section 2405(a)(8)(C), $78,756,000 shall be avail11 able for credit to the Department of Defense Family

12 Housing Fund established by section 2883(a)(1) of title

13 10, United States Code.

14 SEC. 2404. ENERGY CONSERVATION PROJECTS.

15 Using amounts appropriated pursuant to the author16 ization of appropriations in section 2405(a)(6), the Sec17 retary of Defense may carry out energy conservation

18 projects under section 2865 of title 10, United States

19 Code, in the amount of $31,900,000.
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1 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES.

3 (a) IN GENERAL.—Funds are hereby authorized to

4 be appropriated for fiscal years beginning after September

5 30, 1999, for military construction, land acquisition, and

6 military family housing functions of the Department of

7 Defense (other than the military departments), in the total

8 amount of $1,019,162,000 as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $94,083,000.

12 (2) For military construction projects outside

13 the United States authorized by section 2401(b),

14 $39,484,000.

15 (3) For unspecified minor construction projects

16 under section 2805 of title 10, United States Code,

17 $18,618,000.

18 (4) For contingency construction projects of the

19 Secretary of Defense under section 2804 of title 10,

20 United States Code, $938,000.

21 (5) For architectural and engineering services

22 and construction design under section 2807 of title

23 10, United States Code, $33,324,000.

24 (6) For Energy Conservation projects author25 ized by section 2404 of this Act, $6,558,000.
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1 (7) For base closure and realignment activities

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of

4 Public Law 101–510; 10 U.S.C. 2687 note),

5 $705,911,000.

6 (8) For military family housing functions:

7 (A) For improvement of military family

8 housing and facilities, $50,000.

9 (B) For support of military housing (in10 cluding functions described in section 2833 of

11 title 10, United States Code), $41,440,000 of

12 which not more than $35,639,000 may be obli13 gated or expended for the leasing of military

14 family housing units worldwide.

15 ( C) For credit to the Department of De16 fense Family Housing Improvement Fund as

17 authorized by section 2403 of this Act,

18 $78,756,000.

19 (b) ADVANCE AUTHORIZATION OF APPROPRIA20 TIONS.—Funds are hereby authorized to be appropriated

21 for fiscal years beginning after September 30, 2000, as

22 follows:

23 (1) For completion of military construction

24 projects authorized in section 2401, and subject to

25 the same terms, as follows, $337,900,000.
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1 (2) For the completion of base closure and re2 alignment activities as authorized by the Defense

3 Base Closure and Realignment Act of 1990 (part A

4 of title XXIX of Public Law 101–510; 10 U.S.C.

5 2687 note), commenced in fiscal year 2000,

6 $577,306,000.

7 (c) ADVANCE AUTHORIZATION OF APPROPRIATIONS

8 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.—Funds are

9 hereby authorized to be appropriated for fiscal years be10 ginning after September 30, 2000, for military construc11 tion and family housing projects authorized for fiscal year

12 2001, as follows:

13 (1) For military construction projects and land

14 acquisition authorized for fiscal year 2001,

15 $789,559,000.

16 (2) For military family housing functions au17 thorized for fiscal year 2001, $43,313,000.

18 (3) For base realignment and closure as author19 ized by the Defense Base Closure and Realignment

20 Act of 1990 (part A of title XXIX of Public Law

21 101–510; 10 U.S.C. 2687 note), $1,009,329,000.

22 (4) For credit to the Department of Defense

23 Family Housing Improvement Fund, $175,367,000.

24 (d) LIMITATION OF TOTAL COST OF CONSTRUCTION

25 PROJECTS.—Notwithstanding the cost variation author-
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1 ized by section 2853 of title 10, United States Code, and

2 any other cost variations authorized by law, the total cost

3 of all projects carried out under section 2401 of this Act

4 may not exceed $557,070,000.

5 TITLE XXV—NORTH ATLANTIC

6 TREATY ORGANIZATION SE7 CURITY INVESTMENT PRO8 GRAM

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

Sec. 2502. Authorization of appropriations, NATO.

Sec. 2503. Advance authorization of appropriations, NATO.

9 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

10 ACQUISITION PROJECTS.

11 The Secretary of Defense may make contributions for

12 the North Atlantic Treaty Organization Security Invest13 ment Program as provided in section 2806 of title 10,

14 United States Code, in an amount not to exceed the sum

15 of the amount authorized to be appropriated for this pur16 pose in section 2502 and the amount collected from the

17 North Atlantic Treaty Organization as a result of con18 struction previously financed by the United States.

19 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

20 Funds are hereby authorized to be appropriated for

21 fiscal years beginning after September 30, 1999, for con22 tributions by the Secretary of Defense under section 2806

23 of title 10, United States Code, for the share of the United

24 States of the cost of projects for the North Atlantic Treaty
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1 Organization Security Investment Program authorized by

2 section 2501, in the amount of $191,000,000.

3 SEC. 2503. ADVANCE AUTHORIZATION OF APPROPRIATIONS

4 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.

5 Funds are hereby authorized to be appropriated for

6 fiscal years beginning after September 30, 2000, for con7 tributions by the Secretary of Defense under section 2806

8 of title 10, United States Code, for the share of the United

9 States of the cost of projects for the North Atlantic Treaty

10 Organization Security Investment Program, in the amount

11 of $198,000,000.

12 TITLE XXVI—GUARD AND

13 RESERVE FORCES FACILITIES

Sec. 2601. Authorized guard and reserve construction and land acquisition

projects.

14 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC15 TION AND LAND ACQUISITION PROJECTS.

16 (a) IN GENERAL.—There are authorized to be appro17 priated for fiscal years beginning after September 30,

18 1999, for the costs of acquisition, architectural and engi19 neering services, and construction of facilities for the

20 Guard and Reserve Forces, and for contributions therefor,

21 under chapter 1803 of title 10, United States Code (in22 cluding the cost of acquisition of land for those facilities),

23 the following amounts:

24 (1) For the Department of the Army—
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1 (A) for the Army National Guard of the

2 United States, $16,045,000; and

3 (B) for the Army Reserve, $23,120,000.

4 (2) For the Department of the Navy, for the

5 Naval and Marine Corps Reserve, $4,933,000.

6 (3) For the Department of the Air Force—

7 (A) for the Air National Guard of the

8 United States, $21,319,000; and

9 (B) for the Air Force Reserve,

10 $12,155,000.

11 (b) ADVANCE AUTHORIZATION OF APPROPRIA12 TIONS.—Funds are hereby authorized to be appropriated

13 for fiscal years beginning after September 30, 2000, for

14 completion of military construction projects, authorized by

15 subsection (a), and for other authorized purposes as fol16 lows:

17 (1) For the Department of the Army:

18 (A) For the Army National Guard of the

19 United States, $41,357,000.

20 (B) For the Army Reserve, $54,506,000.

21 (2) For the Department of the Navy, for the

22 Naval and Marine Corps Reserve, $10,020,000.

23 (3) For the Department of the Air Force:

24 (A) For the Air National Guard of the

25 United States, $51,981,00.
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1 (B) For the Air Force Reserve,

2 $15,165,000.

3 (c) ADVANCE AUTHORIZATION OF APPROPRIATIONS

4 FOR FISCAL YEAR 2001 BIENNIAL BUDGET.—Funds are

5 hereby authorized to be appropriated for fiscal years be6 ginning after September 30, 2000, for military construc7 tion projects authorized for fiscal year 2001, as follows:

8 (1) For the Department of the Army:

9 (A) For the Army National Guard of the

10 United States, $48,000,000.

11 (B) For the Army Reserve, $88,388,000.

12 (2) For the Department of the Navy, for the

13 Naval and Marine Corps Reserve, $20,000,000.

14 (3) For the Department of the Air Force:

15 (A) For the Air National Guard of the

16 United States, $56,625,000.

17 (B) For the Air Force Reserve,

18 $20,014,000.

19 TITLE XXVII—EXPIRATION AND

20 EXTENSION OF AUTHORIZA21 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.
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1 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

2 AMOUNTS REQUIRED TO BE SPECIFIED BY

3 LAW.

4 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

5 YEARS.—Except as provided in subsection (b), all author6 izations contained in titles XXI through XXVI for military

7 construction projects, land acquisition, family housing

8 projects and facilities, and contributions to the North At9 lantic Treaty Organization Security Investment program

10 (and authorizations of appropriations therefor) shall ex11 pire on the later of—

12 (1) October 1, 2002; or

13 (2) the date for the enactment of an Act au14 thorizing funds for military construction for fiscal

15 year 2003.

16 (b) EXCEPTION.—Subsection (a) shall not apply to

17 authorizations for military construction projects, land ac18 quisition, family housing projects and facilities, and con19 tributions to the North Atlantic Treaty Organization Se20 curity Investment program (and authorizations of appro21 priations therefor), for which appropriated funds have

22 been obligated before the later of—

23 (1) October 1, 2002; or

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2003 for military con26 struction projects, land acquisition, family housing
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1 projects and facilities, or contributions to the North

2 Atlantic Treaty Organization Security Investment

3 program.

4 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

5 FISCAL YEAR 1997 PROJECTS.

6 (a) EXTENSIONS.—Notwithstanding section 2701 of

7 the Military Construction Authorization Act for Fiscal

8 Year 1997 (division B of Public Law 104–201, 110 Stat.

9 2782), authorizations for the projects set forth in the ta10 bles in subsection (b), as provided in sections 2101 and

11 2601 and subsection (a) of section 2202 of that Act, shall

12 remain in effect until October 1, 2000, or the date of the

13 enactment of an Act authorizing funds for military con14 struction for fiscal year 2001, whichever is later.

15 (b) TABLES.—The tables referred to in subsection (a)

16 are as follows:

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, Ph

I—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
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Navy: Extension of 1997 Project Authorizations—Continued

State Installation or location Project Amount

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

10 enactment of an Act authorizing funds for military con11 struction for fiscal year 2001, whichever is later.

12 (b) TABLES.—The tables referred to in subsection (a)

13 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
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1 SEC. 2704. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

3 shall take effect on the later of—

4 (1) October 1, 1999; or

5 (2) the date of the enactment of this Act.

6 TITLE XXVIII—GENERAL

7 PROVISIONS

8 Subtitle A—Military Construction

9 Program and Military Family

10 Housing

11 SEC. 2801. LIMITATION ON CERTAIN PROJECTS; AUTHOR12 ITY TO CARRY OUT SMALL PROJECTS WITH

13 OPERATION AND MAINTENANCE FUNDS.

14 (a) UNSPECIFIED MINOR CONSTRUCTION FUNDS

15 FOR LIFE, HEALTH, OR SAFETY THREATS.—Subsection

16 (a)(2) of Section 18233a of title 10, United States Code,

17 is amended by adding the following subparagraph (C) at

18 the end thereof:

19 ‘‘(C) Minor construction projects that have an ap20 proved cost equal to or less than $3,000,000, provided

21 that they are intended solely to correct a deficiency that

22 is life-threatening, health-threatening, or safety-threat23 ening.’’.

24 (b) OPERATION AND MAINTENANCE FUNDS FOR

25 LIFE, HEALTH, OR SAFETY THREATS.—Paragraph (b) of

26 Section 18233a of title 10, United States Code, is amend-
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1 ed by inserting the following at the end thereof: ‘‘For

2 projects intended solely to correct a deficiency that is life3 threatening, health-threatening, or safety-threatening,

4 $1,000,000 or less may be spent from available operations

5 and maintenance appropriations.’’.

6 SEC. 2802. PLANNING AND DESIGN FUNDS FOR MILITARY

7 CONSTRUCTION PROJECTS.

8 Subsection (f)(1) of Section 18233 of title 10, United

9 States Code is amended by inserting ‘‘and design’’ imme10 diately following ‘‘planning’’.

11 Subtitle B—Real Property and

12 Facilities Administration

13 SEC. 2803. UTILITY PRIVATIZATION.

14 Section 2688 of title 10, United States Code, is

15 amended by adding at the end the following new para16 graphs:

17 ‘‘(i) EXTENDED CONTRACTS FOR UTILITY SERV18 ICES.—Notwithstanding section 201(a)(3) of the Federal

19 Property and Administrative Services Act (40 U.S.C.

20 481(a)(3)), the Secretary may, in connection with a con21 veyance of a utility system under this section, enter into

22 a contract for utility services for a period not to exceed

23 fifty years.

24 ‘‘(j) FUNDING SOURCES.—Any Military Construction

25 funds authorized and appropriated for a construction, re-
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1 pair, or replacement project of a utility system may be

2 used, in place of such construction, repair, or replacement

3 project, to facilitate the conveyance of such utility system

4 under this section. Facilitating the conveyance of a utility

5 system shall only consist of contributing to the cost of con6 struction, repair, or replacement of the utility system by

7 the entity to which it is being conveyed. Any such con8 tribution shall be considered in the economic analysis re9 quired under subsection (e)(1).’’.

10 SEC. 2804. AUTHORITY TO CARRY OUT FORMER MILITARY

11 HOUSING PRIVATIZATION PROJECTS WITH

12 FUNDS TRANSFERRED TO FAMILY HOUSING

13 CONSTRUCTION.

14 (a) IN GENERAL.—Subchapter II of Chapter 169,

15 title 10, United States Code, is amended by inserting after

16 section 2837 the following new section:

17 ‘‘§ 2838. Authority to carry out former military hous18 ing privatization projects

19 ‘‘(a) AUTHORITY.—Subject to subsection (b), the

20 Secretary concerned may construct or acquire family hous21 ing units (including land acquisition) not otherwise au22 thorized if (1) Congress had previously appropriated funds

23 into the Family Housing Improvement Fund established

24 by section 2883(a)(1) of this title, for such housing units

25 and (2) funds for such units have been transferred, pursu-
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1 ant to authority provided in an appropriations Act, from

2 the Family Housing Improvement Fund into a Family

3 Housing account.

4 ‘‘(b) CONGRESSIONAL NOTIFICATION.—When a deci5 sion is made to construct or acquire family housing units

6 under this section, the Secretary concerned shall submit

7 a report in writing to the appropriate committees of Con8 gress on that decision. Each such report shall include (1)

9 the justification for the housing project and the current

10 estimate of the cost of the project; and (2) the justification

11 for carrying out the housing project under this section as

12 opposed to under the Military Housing Privatization Ini13 tiative (10 U.S.C. §§ 2871–2885). The housing project

14 may then be carried out only after the end of the 21-day

15 period beginning on the date the notification is received

16 by such committees.’’.

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

18 at the beginning of such Subchapter is amended by insert19 ing after the item relating to section 2837 the following

20 new item:

‘‘2838. Authority to Carry Out Former Military Housing Privatization

Projects.’’.
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1 Subtitle C—Defense Base Closure

2 and Realignment

3 SEC. 2805. 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):

11 ‘‘(5) An account to be known as the ‘‘Environ12 mental Restoration Account, Formerly Used Defense

13 Sites.’’.

14 (b) ENVIRONMENTAL RESTORATION ACCOUNT FOR

15 BASE CLOSURE INSTALLATIONS.—Section 2703 of title

16 10, United States Code, is amended—

17 (1) by adding at the end of subsection (a) the

18 following new paragraph (6):

19 ‘‘(6) An account to be known as the ‘‘Environ20 mental Restoration Account, Base Realignment and

21 Closure.’’; and

22 (2) by adding at the end the following new sub23 sections:

24 ‘‘(f) BASE REALIGNMENT AND CLOSURE AC25 COUNT.—The Environmental Restoration Account, Base
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1 Realignment and Closure shall be the exclusive source of

2 funds for carrying out environmental restoration and miti3 gation activities required as the result of a closure or re4 alignment of a military installation pursuant to a base clo5 sure law.

6 ‘‘(g) BASE CLOSURE LAW DEFINED.—For purposes

7 of this section, the term ‘‘base closure law’’ means the fol8 lowing:

9 ‘‘(1) The Defense Base Closure and Realign10 ment Act of 1990, as amended (Div. B. title XXIX

11 of Public Law 101–510; 10 U.S.C. § 2687 note).’’.

12 ‘‘(2) Title II of the Defense Authorization

13 Amendments and Base Closure and Realignment

14 Act, as amended (Public Law 100–526; 10 U.S.C.

15 § 2687 note).’’.

16 (c) TRANSFER OF FUNDS.—The Secretary of De17 fense may transfer from the Department of Defense Base

18 Closure Account 1990, established in section 2906 of the

19 Defense Base Closure and Realignment Act of 1990, as

20 amended (Div. B. title XXIX of Public Law 101–510; 10

21 U.S.C. § 2687 note), into the Environmental Restoration

22 Account, Base Realignment and Closure, established in

23 subsection (b) of this provision, such amounts as he deter24 mines to be necessary in order to carry out activities de-
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1 scribed in subsection 2703(f) of title 10, United States

2 Code, as added by this section.

3 (d) FUNDING OF ADMINISTRATIVE EXPENSES AND

4 TECHNICAL ASSISTANCE.—Section 2705(g) is amended to

5 read as follows:

6 ‘‘(g) FUNDING.—(1) Except as provided in para7 graph (2), the accounts established in section 2703(a)

8 shall be available for administrative expenses and technical

9 assistance under this section.

10 ‘‘(2) In the case of an installation approved for re11 alignment or closure under a base closure law, to the ex12 tent that such base closure law provides for the funding

13 of environmental restoration costs at such installation

14 from an account established for purposes of carrying out

15 base realignments and closures, such account shall also

16 be available for administrative expenses and technical as17 sistance under this section with respect to such installa18 tion.’’.

19 (e) CONFORMING AMENDMENT.—Section 2906(e) of

20 the Defense Base Closure and Realignment Act of 1990,

21 as amended (Div. B. title XXIX of Public Law 101–510;

22 10 U.S.C. § 2687 note) is repealed.
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1 (f) EFFECTIVE DATE.—This section shall take effect

2 upon enactment, except that subsections (b), (c), and (e)

3 shall become effective on October 1, 2000.

Æ