Union Calendar No. 90

106TH CONGRESS

1ST SESSION H. R. 1401

[Report No. 106–162]

A BILL

To authorize appropriations for fiscal years 2000

other purposes.strengths for fiscal years 2000 and 2001, and forment of Defense, to prescribe military personneland 2001 for military activities of the DepartMAY 24, 1999

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 90

106TH CONGRESS

1ST SESSION H. R. 1401

[Report No. 106–162]

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

MAY 24, 1999

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 14, 1999]

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,
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1 SECTION 1. SHORT TITLE.

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

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

5 CONTENTS.

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

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

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

12 (3) Division C—Department of Energy National

13 Security Authorizations and Other Authorizations.

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

15 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical demilitarization program.

Sec. 108. Defense health programs.

Sec. 109. Defense Export Loan Guarantee program.
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Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for Army programs.

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

availability from domestic sources.

Sec. 113. Revision to conditions for award of a second-source procurement

contract for the Family of Medium Tactical Vehicles.

Subtitle C—Navy Programs

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

Subtitle D—Chemical Stockpile Destruction Program

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

munitions.

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

Subtitle E—Other Matters

Sec. 151. Limitation on expenditures for satellite communications.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Collaborative program to evaluate and demonstrate advanced

technologies for advanced capability combat vehicles.

Sec. 212. Revisions in manufacturing technology program.

Subtitle C—Ballistic Missile Defense

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

Subtitle D—Other Matters

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

laser technologies.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

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

Sec. 305. Transfer to Defense Working Capital Funds to support Defense Commissary Agency.
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Subtitle B—Program Requirements, Restrictions, and

Limitations

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

Subtitle C—Environmental Provisions

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

Subtitle D—Performance of Functions by Private-Sector

Sources

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

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

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

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

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

performed by depot-level activities of Department of Defense.

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

performed at certain military installations.

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

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

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

and repair of C–17 aircraft.

Subtitle E—Defense Dependents Education

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

employees.

Sec. 342. Continuation of enrollment at Department of Defense domestic

dependent elementary and secondary schools.

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

Subtitle F—Military Readiness Issues

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

parts shortages.

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

and reengineered logistics product support practices.

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

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

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

Subtitle G—Other Matters

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

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

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

facilities to persons outside Department of Defense.
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Sec. 364. Special authority of disbursing officials regarding automated teller machines on naval vessels.

Sec. 365. Preservation of historic buildings and grounds at United States

Soldiers’ and Airmen’s Home, District of Columbia.

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

Airmen’s Home.

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

moving programs.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

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

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

Sec. 415. Selected Reserve end strength flexibility.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Recommendations for promotion by selection boards.

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

Subtitle B—Matters Relating to Reserve Components

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

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

Sec. 513. Eligibility for consideration for promotion.

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

majors and lieutenant commanders who twice fail of selection for

promotion.

Sec. 515. Computation of years of service exclusion.

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

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

Reserves.

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

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

Subtitle C—Military Technicians

Sec. 521. Revision to military technician (dual status) law.
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Sec. 522. Civil service retirement of technicians.

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

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

Sec. 525. Effective date.

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

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

Subtitle D—Service Academies

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

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

size of Corps of Cadets.

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

of the Faculty, United States Air Force Academy.

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

Subtitle E—Education and Training

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

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

studies.

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

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

scholarship and financial assistance program.

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

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

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

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

Montgomery GI Bill.

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

contracts by certain departments and agencies to institutions of

higher education that prohibit Senior ROTC units or military

recruiting on campus.

Subtitle F—Decorations and Awards

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

persons.

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

U.S.S. INDIANAPOLIS.

Subtitle G—Other Matters

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

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

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

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

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

more than 270 days.

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

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

Sec. 567. Access to secondary school students for military recruiting purposes.
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Sec. 568. Survey of members leaving military service on attitudes toward military service.

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

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

or domestic abuse.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

pay rates.

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

Sec. 603. Additional amount available for fiscal year 2000 increase in basic

allowance for housing inside the United States.

Subtitle B—Bonuses and Special and Incentive Pays

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

forces.

Sec. 612. Extension of certain bonuses and special pay authorities for nurse

officer candidates, registered nurses, and nurse anesthetists.

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

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

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

extending period of active duty.

Sec. 616. Diving duty special pay.

Sec. 617. Reenlistment bonus.

Sec. 618. Enlistment bonus.

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

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

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

pay.

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

period of active duty.

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

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

Sec. 625. Authorization of judge advocate continuation pay.

Subtitle C—Travel and Transportation Allowances

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

and not otherwise entitled to travel and transportation

allowances.

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

permanent change of station.

Sec. 633. Emergency leave travel cost limitations.

Subtitle D—Retired Pay Reform

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

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

Sec. 643. Conforming amendments.

Sec. 644. Effective date.

Subtitle E—Other Retired Pay and Survivor Benefit Matters

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

medical facilities.

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

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

services not previously covered.

Sec. 654. Accrual funding for retirement system for commissioned corps of

National Oceanic and Atmospheric Administration.

Subtitle F—Other Matters

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

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

active duty without pay outside the United States.

Sec. 673. Overseas special supplemental food program.

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

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

TITLE VII—HEALTH CARE MATTERS

Subtitle A—Health Care Services

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

locations.

Sec. 702. Provision of chiropractic health care.

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

CHAMPUS beneficiaries.

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

of rape or incest.

Subtitle B—TRICARE Program

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

Sec. 712. Authority to waive certain TRICARE deductibles.

Subtitle C—Other Matters

Sec. 721. Pharmacy benefits program.

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

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

pathology investigations.

Sec. 724. Trauma training center.

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

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

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

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

items in excess of simplified acquisition threshold.
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Sec. 803. Expansion of applicability of requirement to make certain

procurements from small arms production industrial base.

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

goals for purchases benefiting severely handicapped persons.

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

Sec. 806. Facilitation of national missile defense system.

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

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

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

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

services.

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

Department of Defense.

Sec. 903. Management headquarters and headquarters support activities.

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

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

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

OPTEMPO and PERSTEMPO.

Sec. 907. Report on military space issues.

Sec. 908. Employment and compensation of civilian faculty members of

Department of Defense African Center for Strategic Studies.

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

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

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

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

Defense.

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

funds.

Sec. 1006. Budgeting for operations in Yugoslavia.

Subtitle B—Naval Vessels and Shipyards

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

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

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

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

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

Subtitle C—Matters Relating to Counter Drug Activities

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

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

States Southern Command counter-drug detection and

monitoring flights.

Sec. 1023. United States military activities in Colombia.

Subtitle D—Other Matters

Sec. 1031. Identification in budget materials of amounts for declassification

activities and limitation on expenditures for such activities.

Sec. 1032. Notice to congressional committees of compromise of classified

information within defense programs of the United States.

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

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

executing the missions called for under the National Military

Strategy.

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

Department of Defense annual report.

Sec. 1036. Preservation of certain defense reporting requirements.

Sec. 1037. Technical and clerical amendments.

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

Organizations, Incorporated.

Sec. 1039. Chemical defense training facility.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL

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

employees.

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

deploy to a combat zone outside the United States.

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

TITLE XII—MATTERS RELATING TO OTHER NATIONS

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

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

United Nations weapons inspection regime in Iraq.

Sec. 1203. Military-to-military contacts with Chinese People’s Liberation Army.

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

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

2000.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH

STATES OF THE FORMER SOVIET UNION

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

Sec. 1302. Funding allocations.

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

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

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

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

prevention activities.

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

plan.

Sec. 1308. Requirement to submit report.
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Sec. 1309. Report on Expanded Threat Reduction Initiative.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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

Sec. 2206. Correction in authorized use of funds, Marine Corps Combat

Development Command, Quantico, Virginia.

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Improvements to military family housing units.

Sec. 2403. Military housing improvement program.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

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

projects at Pueblo Chemical Activity, Colorado.

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

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

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

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Contributions for North Atlantic Treaty Organizations Security

Investment.

Sec. 2802. Development of Ford Island, Hawaii.

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

facilities for housing units.

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

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

of facilities for reserve components.

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

for acquisition and improvement of military housing.

Subtitle B—Real Property and Facilities Administration

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

activities.

Sec. 2812. Utility privatization authority.

Sec. 2813. Acceptance of funds to cover administrative expenses relating to

certain real property transactions.

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

management changes on public lands in Utah.

Subtitle C—Defense Base Closure and Realignment

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

Account 1990 for activities required to close or realign military

installations.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

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

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

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

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

Number 84, Marcus Hook, Pennsylvania.

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

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

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

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

Township, New Jersey.

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

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

Illinois.

Sec. 2841. Land conveyances, Twin Cities Army Ammunition Plant, Minnesota.
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PART II—NAVY CONVEYANCES

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

Dallas, Texas.

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

Texas.

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

Carolina.

PART III—AIR FORCE CONVEYANCES

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

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

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

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

Subtitle E—Other Matters

Sec. 2871. Expansion of Arlington National Cemetery.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Defense environmental management privatization.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

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

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

of Energy.

Sec. 3128. Availability of funds.

Sec. 3129. Transfers of defense environmental management funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

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

program.

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

proliferation prevention program.

Sec. 3133. Modification of laboratory-directed research and development to

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

of Defense.

Subtitle D—Commission on Nuclear Weapons Management

Sec. 3151. Establishment of commission.

Sec. 3152. Duties of commission.

Sec. 3153. Reports.

Sec. 3154. Powers.

Sec. 3155. Commission procedures.

Sec. 3156. Personnel matters.

Sec. 3157. Miscellaneous administrative provisions.

Sec. 3158. Funding.

Sec. 3159. Termination of the commission.

Subtitle E—Other Matters

Sec. 3161. Procedures for meeting tritium production requirements.

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

Sec. 3163. Fellowship program for development of skills critical to the

Department of Energy nuclear weapons complex.

Sec. 3164. Department of Energy records declassification.

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

laboratories.

Sec. 3166. Notice to congressional committees of compromise of classified

information within nuclear energy defense programs.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Elimination of congressionally imposed disposal restrictions on

specific stockpile materials.

TITLE XXXIV—MARITIME ADMINISTRATION

Sec. 3401. Short title.

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

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

Sec. 3404. Extension of war risk insurance authority.

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

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Office of Transition Administration.
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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 DIVISION A—DEPARTMENT OF

10 DEFENSE AUTHORIZATIONS

11 TITLE I—PROCUREMENT

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 101. ARMY.

15 Funds are hereby authorized to be appropriated for fis16 cal year 2000 for procurement for the Army as follows:

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

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

19 (3) For weapons and tracked combat vehicles,

20 $1,575,096,000.

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

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

23 SEC. 102. NAVY AND MARINE CORPS.

24 (a) NAVY.—Funds are hereby authorized to be appro25 priated for fiscal year 2000 for procurement for the Navy

26 as follows:
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1 (1) For aircraft, $8,804,051,000.

2 (2) For weapons, including missiles and tor3 pedoes, $1,764,655,000.

4 (3) For shipbuilding and conversion,

5 $6,687,172,000.

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

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

8 be appropriated for fiscal year 2000 for procurement for

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

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

11 are hereby authorized to be appropriated for procurement

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

13 amount of $612,900,000.

14 SEC. 103. AIR FORCE.

15 Funds are hereby authorized to be appropriated for fis16 cal year 2000 for procurement for the Air Force as follows:

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

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

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

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

21 SEC. 104. DEFENSE-WIDE ACTIVITIES.

22 Funds are hereby authorized to be appropriated for fis23 cal year 2000 for Defense-wide procurement in the amount

24 of $2,107,839,000.
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1 SEC. 105. RESERVE COMPONENTS.

2 Funds are hereby authorized to be appropriated for fis3 cal year 2000 for procurement of aircraft, vehicles, commu4 nications equipment, and other equipment for the reserve

5 components of the Armed Forces as follows:

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

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

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

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

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

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

12 SEC. 106. DEFENSE INSPECTOR GENERAL.

13 Funds are hereby authorized to be appropriated for fis14 cal year 2000 for procurement for the Inspector General of

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

16 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

17 There is hereby authorized to be appropriated for fiscal

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

19 (1) the destruction of lethal chemical agents and

20 munitions in accordance with section 1412 of the De21 partment of Defense Authorization Act, 1986 (50

22 U.S.C. 1521); and

23 (2) the destruction of chemical warfare materiel

24 of the United States that is not covered by section

25 1412 of such Act.
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1 SEC. 108. DEFENSE HEALTH PROGRAMS.

2 Funds are hereby authorized to be appropriated for fis3 cal year 2000 for the Department of Defense for procure4 ment for carrying out health care programs, projects, and

5 activities of the Department of Defense in the total amount

6 of $356,970,000.

7 SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.

8 Funds are hereby authorized to be appropriated for fis9 cal year 2000 for the Department of Defense for carrying

10 out the Defense Export Loan Guarantee Program under sec11 tion 2540 of title 10, United States Code, in the total

12 amount of $1,250,000.

13 Subtitle B—Army Programs

14 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

15 ARMY PROGRAMS.

16 (a) MULTIYEAR PROCUREMENT AUTHORITY.—Subject

17 to subsection (b), the Secretary of the Army may, in accord18 ance with section 2306b of title 10, United States Code,

19 enter into a multiyear procurement contract beginning with

20 the fiscal year 2000 program year for procurement for each

21 of the following programs.

22 (1) The Javelin missile system.

23 (2) M2A3 Bradley fighting vehicles.

24 (3) AH–64D Longbow Apache attack helicopters.
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1 (4) The M1A2 Abrams main battle tank upgrade

2 program combined with the Heavy Assault Bridge

3 program.

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

5 may not enter into a multiyear contract under subsection

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

7 subsection until the Secretary of Defense submits to the con8 gressional defense committees a report with respect to that

9 contract that provides the following information, shown for

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

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

12 defense program:

13 (1) The amount of total obligational authority

14 under the contract and the percentage that such

15 amount represents of (A) the applicable procurement

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

17 (2) The amount of total obligational authority

18 under all Army multiyear procurements (determined

19 without regard to the amount of the multiyear con20 tract) under multiyear contracts in effect immediately

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

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

23 the applicable procurement account, and (B) the serv24 ice procurement total.
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1 (3) The amount equal to the sum of the amounts

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

3 such amount represents of (A) the applicable procure4 ment account, and (B) the service procurement total.

5 (4) The amount of total obligational authority

6 under all Department of Defense multiyear procure7 ments (determined without regard to the amount of

8 the multiyear contract), including the contract under

9 subsection (a) and each additional multiyear contract

10 authorized by this Act, and the percentage that such

11 amount represents of the procurement accounts of the

12 Department of Defense treated in the aggregate.

13 (5) For purposes of this subsection:

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

15 means, with respect to the multiyear contract under

16 subsection (a), the Department of the Army procure17 ment account from which funds to discharge obliga18 tions under the contract will be provided.

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

20 with respect to the multiyear contract under sub21 section (a), the procurement accounts of the Army

22 treated in the aggregate.
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1 SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF

2 MANUFACTURED ARTICLES AND SERVICES OF

3 CERTAIN ARMY INDUSTRIAL FACILITIES

4 WITHOUT REGARD TO AVAILABILITY FROM

5 DOMESTIC SOURCES.

6 Section 141 of the National Defense Authorization Act

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

8 note) is amended—

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

10 1998 and 1999’’ and inserting ‘‘fiscal years 1998

11 through 2001’’;

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

13 1998 or 1999’’ and inserting ‘‘the period during

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

15 (3) by adding at the end the following new sub16 section:

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

18 the Inspector General of the Department of Defense shall

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

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

21 success of the pilot program.’’.
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1 SEC. 113. REVISION TO CONDITIONS FOR AWARD OF A SEC2 OND-SOURCE PROCUREMENT CONTRACT FOR

3 THE FAMILY OF MEDIUM TACTICAL VEHI4 CLES.

5 The text of section 112 of the Strom Thurmond Na6 tional Defense Authorization Act for Fiscal Year 1999 (Pub7 lic Law 105–261; 112 Stat. 1973) is amended to read as

8 follows:

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

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

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

12 of the Family of Medium Tactical Vehicles to a second

13 source only after the Secretary submits to the congressional

14 defense committees a certification in writing of the fol15 lowing:

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

17 Family of Medium Tactical Vehicles program that the

18 Secretary will require to be delivered (under all con19 tracts) in any 12-month period will be sufficient to

20 enable the prime contractor to maintain a minimum

21 production level of 150 trucks per month.

22 ‘‘(2) That the total cost to the Army of the pro23 curements under the prime and second-source con24 tracts over the period of those contracts will be the

25 same as or lower than the amount that would be the
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1 total cost of the procurements if such a second-source

2 contract were not awarded.

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

4 contracts will be produced with common components

5 that will be interchangeable among similarly config6 ured models.

7 ‘‘(b) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘prime contractor’ means the con9 tractor under the production contract for the Family

10 of Medium Tactical Vehicles program as of the date

11 of the enactment of this Act.

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

13 than the prime contractor.’’.

14 Subtitle C—Navy Programs

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

16 (a) MULTIYEAR PROCUREMENT AUTHORITY.—Subject

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

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

19 Code, enter into a multiyear procurement contract begin20 ning with the fiscal year 2000 program year for procure21 ment for the F/A–18E/F aircraft program.

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

23 may not enter into a multiyear contract under subsection

24 (a) until the Secretary of Defense submits to the congres25 sional defense committees a report with respect to that con-
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1 tract that provides the following information, shown for

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

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

4 defense program:

5 (1) The amount of total obligational authority

6 under the contract and the percentage that such

7 amount represents of (A) the applicable procurement

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

9 (2) The amount of total obligational authority

10 under all Navy multiyear procurements (determined

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

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

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

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

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

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

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

21 (4) The amount of total obligational authority

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

24 the multiyear contract), including the contract under

25 subsection (a) and each additional multiyear contract
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1 authorized by this Act, and the percentage that such

2 amount represents of the procurement accounts of the

3 Department of Defense treated in the aggregate.

4 (5) For purposes of this subsection:

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

6 means, with respect to the multiyear contract under

7 subsection (a), the Aircraft Procurement, Navy ac8 count.

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

10 with respect to the multiyear contract under sub11 section (a), the procurement accounts of the Navy

12 treated in the aggregate.

13 (c) LIMITATION WITH RESPECT TO OPERATIONAL

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

15 not enter into a multiyear procurement contract authorized

16 by subsection (a) until—

17 (1) the Secretary of Defense submits to the con18 gressional defense committees a certification described

19 in subsection (c); and

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

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

22 submission of that certification.

23 (d) REQUIRED CERTIFICATION.—A certification re24 ferred to in subsection (c)(1) is a certification by the Sec25 retary of Defense of each of the following:
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1 (1) That the results of the Operational Test and

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

3 indicate—

4 (A) that the aircraft meets the requirements

5 for operational effectiveness and suitability es6 tablished by the Secretary of the Navy; and

7 (B) that the aircraft meets key performance

8 specifications established by the Secretary of the

9 Navy.

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

11 using a multiyear procurement contract as authorized

12 by subsection (a), assuming procurement of 222 air13 craft, is at least 7.4 percent less than the cost of pro14 curement of the same number of aircraft through an15 nual contracts.

16 (e) CONTINUITY OF CONGRESS.—For purposes of sub17 section (c)(2)—

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

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

20 of the final session of the Congress; and

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

22 is not in session because of an adjournment of more

23 than three days to a day certain, or because of an ad24 journment sine die at the end of the first session of
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1 a Congress, shall be excluded in the computation of

2 such 30-day period.

3 Subtitle D—Chemical Stockpile

4 Destruction Program

5 SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LE6 THAL CHEMICAL AGENTS AND MUNITIONS.

7 (a) PROGRAM ASSESSMENT.—(1) The Secretary of De8 fense shall conduct an assessment of the current program

9 for destruction of the United States’ stockpile of chemical

10 agents and munitions, including the Assembled Chemical

11 Weapons Assessment, for the purpose of reducing signifi12 cantly the cost of such program and ensuring completion

13 of such program in accordance with the obligations of the

14 United States under the Chemical Weapons Convention

15 while maintaining maximum protection of the general pub16 lic, the personnel involved in the demilitarization program,

17 and the environment.

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

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

20 identified in the assessment that may be accomplished

21 under existing law to achieve the purposes of such assess22 ment and the chemical agents and munitions stockpile de23 struction program.

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

25 submit to Congress a report on—
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1 (A) those actions taken, or planned to be taken,

2 under paragraph (2); and

3 (B) any recommendations for additional legisla4 tion that may be required to achieve the purposes of

5 the assessment conducted under paragraph (1) and of

6 the chemical agents and munitions stockpile destruc7 tion program.

8 (b) CHANGES AND CLARIFICATIONS REGARDING PRO9 GRAM.—Section 1412 of the Department of Defense Author10 ization Act, 1986 (Public Law 99–145; 50 U.S.C. 1521) is

11 amended—

12 (1) in subsection (c)—

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

14 the following new paragraph:

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

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

17 were constructed, be disposed of in accordance with applica18 ble laws and regulations and mutual agreements between

19 the Secretary of the Army and the Governor of the State

20 in which the facility is located.’’;

21 (B) by redesignating paragraphs (3) and

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

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

24 amended by subparagraph (A)) the following

25 new paragraph:
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1 ‘‘(3)(A) Facilities constructed to carry out this section

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

3 of the stockpile of lethal chemical agents and munitions that

4 exists on November 8, 1985.

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

6 apply with respect to items designated by the Secretary of

7 Defense as lethal chemical agents, munitions, or related ma8 terials after November 8, 1985, if the State in which a de9 struction facility is located issues the appropriate permit

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

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

12 inserting ‘‘(c)(5)’’; and

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

14 and inserting ‘‘(c)(4)’’.

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

16 (1) The term ‘‘Assembled Chemical Weapons As17 sessment’’ means the pilot program carried out under

18 section 8065 of the Department of Defense Appropria19 tions Act, 1997 (section 101(b) of Public Law 104–

20 208; 110 Stat. 3009–101; 50 U.S.C. 1521 note).

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

22 means the Convention on the Prohibition of the Devel23 opment, Production, Stockpiling and Use of Chemical

24 Weapons and Their Destruction, ratified by the
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1 United States on April 25, 1997, and entered into

2 force on April 29, 1997.

3 SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUC4 TION OF ASSEMBLED CHEMICAL WEAPONS.

5 Section 142(a) of the Strom Thurmond National De6 fense Authorization Act for Fiscal Year 1999 (Public Law

7 105–261; 50 U.S.C. 1521 note) is amended to read as fol8 lows:

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

10 manager for the Assembled Chemical Weapons Assessment

11 program shall manage the development and testing of tech12 nologies for the destruction of lethal chemical munitions

13 that are potential or demonstrated alternatives to the base14 line incineration program.

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

16 and Technology and the Secretary of the Army shall jointly

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

18 for the transfer of oversight of the Assembled Chemical

19 Weapons Assessment program from the Under Secretary to

20 the Secretary.

21 ‘‘(3) Oversight of the Assembled Chemical Weapons As22 sessment program shall be transferred from the Under Sec23 retary of Defense for Acquisition and Technology to the Sec24 retary of the Army pursuant to the plan submitted under

25 paragraph (2) not later than 90 days after the date of the
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1 submission of the notice required under section 152(f)(2)

2 of the National Defense Authorization Act for Fiscal Year

3 1996 (Public Law 104–106; 50 U.S.C. 1521).

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

5 and Technology and the Secretary of the Army shall ensure

6 coordination of the activities and plans of the program

7 manager for the Assembled Chemical Weapons Assessment

8 program and the program manager for Chemical Demili9 tarization during the demonstration and pilot plant facility

10 phase for an alternative technology.

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

12 which the Secretary decides that implementation of an al13 ternative technology may be recommended, the Secretary

14 may take those measures necessary to facilitate the integra15 tion of the alternative technology.’’.

16 Subtitle E—Other Matters

17 SEC. 151. LIMITATION ON EXPENDITURES FOR SATELLITE

18 COMMUNICATIONS.

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

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

21 new section:

22 ‘‘§ 2282. Purchase or lease of communications services:

23 limitation

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

25 after September 30, 2000, to buy a commercial satellite
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1 communications system or to lease a communications serv2 ice, including mobile satellite communications, unless the

3 Secretary determines that the system or service to be pur4 chased or leased has been proven through independent

5 testing—

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

7 disrupt the use of, colocated commercial or military

8 Global Positioning System receivers used by the De9 partment of Defense; and

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

11 other respects.’’.

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

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

14 end the following new item:

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

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

18 Subtitle A—Authorization of

19 Appropriations

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

21 Funds are hereby authorized to be appropriated for fis22 cal year 2000 for the use of the Department of Defense for

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

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

25 (2) For the Navy, $8,358,529,000.
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1 (3) For the Air Force, $13,212,671,000.

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

3 of which—

4 (A) $253,457,000 is authorized for the ac5 tivities of the Director, Test and Evaluation; and

6 (B) $24,434,000 is authorized for the Direc7 tor of Operational Test and Evaluation.

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

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

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

11 available for basic research and applied research projects.

12 (b) BASIC RESEARCH AND APPLIED RESEARCH DE13 FINED.—For purposes of this section, the term ‘‘basic re14 search and applied research’’ means work funded in pro15 gram elements for defense research and development under

16 Department of Defense category 6.1 or 6.2.

17 Subtitle B—Program Requirements,

18 Restrictions, and Limitations

19 SEC. 211. COLLABORATIVE PROGRAM TO EVALUATE AND

20 DEMONSTRATE ADVANCED TECHNOLOGIES

21 FOR ADVANCED CAPABILITY COMBAT VEHI22 CLES.

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

24 Defense shall establish and carry out a program to provide
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1 for the evaluation and competitive demonstration of con2 cepts for advanced capability combat vehicles for the Army.

3 (b) COVERED PROGRAM.—The program under sub4 section (a) shall be carried out collaboratively pursuant to

5 a memorandum of agreement to be entered into between the

6 Secretary of the Army and the Director of the Defense Ad7 vanced Research Projects Agency. The program shall in8 clude the following activities:

9 (1) Consideration and evaluation of technologies

10 having the potential to enable the development of ad11 vanced capability combat vehicles that are signifi12 cantly superior to the existing M1 series of tanks in

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

14 deployment, including but not limited to the following

15 technologies:

16 (A) Weapon systems using electromagnetic

17 power, directed energy, and kinetic energy.

18 (B) Propulsion systems using hybrid elec19 tric drive.

20 (C) Mobility systems using active and semi21 active suspension and wheeled vehicle suspension.

22 (D) Protection systems using signature

23 management, lightweight materials, and full24 spectrum active protection.
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1 (E) Advanced robotics, displays, man-ma2 chine interfaces, and embedded training.

3 (F) Advanced sensory systems and advanced

4 systems for combat identification, tactical navi5 gation, communication, systems status moni6 toring, and reconnaissance.

7 (G) Revolutionary methods of manufac8 turing combat vehicles.

9 (2) Incorporation of the most promising such

10 technologies into demonstration models.

11 (3) Competitive testing and evaluation of such

12 demonstration models.

13 (4) Identification of the most promising such

14 demonstration models within a period of time to en15 able preparation of a full development program capa16 ble of beginning by fiscal year 2007.

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

18 Secretary of the Army and the Director of the Defense Ad19 vanced Research Projects Agency shall submit to the con20 gressional defense committees a joint report on the imple21 mentation of the program under subsection (a). The report

22 shall include the following:

23 (1) A description of the memorandum of agree24 ment referred to in subsection (b).

25 (2) A schedule for the program.
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1 (3) An identification of the funding required for

2 fiscal year 2001 and for the future-years defense pro3 gram to carry out the program.

4 (4) A description and assessment of the acquisi5 tion strategy for combat vehicles planned by the Sec6 retary of the Army that would sustain the existing

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

8 identification of all operation, support, ownership,

9 and other costs required to carry out such strategy

10 through the year 2030.

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

12 acquisition strategies for combat vehicles, alternative

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

14 would develop a force of advanced capability combat

15 vehicles significantly superior to the existing force of

16 M1-series tanks and, for each such alternative acqui17 sition strategy, an estimate of the funding required to

18 carry out such strategy.

19 (d) FUNDS.—Of the amount authorized to be appro20 priated for Defense-wide activities by section 201(4) for the

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

22 shall be available only to carry out the program under sub23 section (a).
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1 SEC. 212. REVISIONS IN MANUFACTURING TECHNOLOGY

2 PROGRAM.

3 (a) ADDITIONAL PURPOSE OF PROGRAM.—Subsection

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

5 amended—

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

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

8 (2) by inserting after paragraph (3) the fol9 lowing new paragraph:

10 ‘‘(4) to address broad defense-related manufac11 turing inefficiencies and requirements;’’.

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

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

14 Subtitle C—Ballistic Missile

15 Defense

16 SEC. 231. ADDITIONAL PROGRAM ELEMENTS FOR BAL17 LISTIC MISSILE DEFENSE PROGRAMS.

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

19 amended—

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

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

22 (2) by inserting after paragraph (4) the fol23 lowing new paragraph (5):

24 ‘‘(5) Upper Tier.’’; and

25 (3) by adding at the end the following new para26 graphs:
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1 ‘‘(14) Space Based Infrared System Low.

2 ‘‘(15) Space Based Infrared System High.’’.

3 Subtitle D—Other Matters

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

5 EXECUTIVE AGENT FOR HIGH ENERGY LASER

6 TECHNOLOGIES.

7 (a) DESIGNATION.—The Secretary of Defense shall des8 ignate the Secretary of the Army as the Department of De9 fense executive agent for oversight of research, development,

10 test, and evaluation of specified high energy laser tech11 nologies.

12 (b) LOCATION FOR CARRYING OUT OVERSIGHT FUNC13 TIONS.—The functions of the Secretary of the Army as such

14 executive agent shall be carried out through the Army Space

15 and Missile Defense Command at the High Energy Laser

16 Systems Test Facility at White Sands Missile Range, New

17 Mexico.

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

19 of the Army as such executive agent shall include the fol20 lowing:

21 (1) Developing policy and overseeing the estab22 lishment of, and adherence to, procedures for ensuring

23 that projects of the Department of Defense involving

24 specified high energy laser technologies are initiated

25 and administered effectively.
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1 (2) Assessing and making recommendations to

2 the Secretary of Defense regarding the capabilities

3 demonstrated by specified high energy laser tech4 nologies and the potential of such technologies to meet

5 operational military requirements.

6 (d) SPECIFIED HIGH ENERGY LASER TECH7 NOLOGIES.—For purposes of this section, the term ‘‘speci8 fied high energy laser technologies’’ means technologies

9 that—

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

11 (2) have potential weapons applications.

12 TITLE III—OPERATION AND

13 MAINTENANCE

14 Subtitle A—Authorization of

15 Appropriations

16 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

17 Funds are hereby authorized to be appropriated for fis18 cal year 2000 for the use of the Armed Forces and other

19 activities and agencies of the Department of Defense for ex20 penses, not otherwise provided for, for operation and main21 tenance, in amounts as follows:

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

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

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

25 (4) For the Air Force, $21,514,958,000.
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1 (5) For Defense-wide activities, $10,968,614,000.

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

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

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

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

6 (10) For the Army National Guard,

7 $3,141,049,000.

8 (11) For the Air National Guard,

9 $3,185,918,000.

10 (12) For the Defense Inspector General,

11 $130,744,000.

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

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

14 (14) For Environmental Restoration, Army,

15 $378,170,000.

16 (15) For Environmental Restoration, Navy,

17 $284,000,000.

18 (16) For Environmental Restoration, Air Force,

19 $376,800,000.

20 (17) For Environmental Restoration, Defense21 wide, $25,370,000.

22 (18) For Environmental Restoration, Formerly

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

24 (19) For Overseas Humanitarian, Disaster, and

25 Civic Aid programs, $50,000,000.
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1 (20) For Drug Interdiction and Counter-drug

2 Activities, Defense-wide, $811,700,000.

3 (21) For the Kaho’olawe Island Conveyance, Re4 mediation, and Environmental Restoration Trust

5 Fund, $15,000,000.

6 (22) For Defense Health Program,

7 $10,496,687,000.

8 (23) For Cooperative Threat Reduction pro9 grams, $444,100,000.

10 (24) For Overseas Contingency Operations

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

12 (25) For Quality of Life Enhancements,

13 $1,845,370,000.

14 SEC. 302. WORKING CAPITAL FUNDS.

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

17 activities and agencies of the Department of Defense for

18 providing capital for working capital and revolving funds

19 in amounts as follows:

20 (1) For the Defense Working Capital Funds,

21 $90,344,000.

22 (2) For the National Defense Sealift Fund,

23 $434,700,000.
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1 SEC. 303. ARMED FORCES RETIREMENT HOME.

2 There is hereby authorized to be appropriated for fiscal

3 year 2000 from the Armed Forces Retirement Home Trust

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

5 Forces Retirement Home, including the United States Sol6 diers’ and Airmen’s Home and the Naval Home.

7 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE

8 TRANSACTION FUND.

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

10 appropriations Acts, not more than $150,000,000 is author11 ized to be transferred from the National Defense Stockpile

12 Transaction Fund to operation and maintenance accounts

13 for fiscal year 2000 in amounts as follows:

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

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

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

17 (b) TREATMENT OF TRANSFERS.—Amounts trans18 ferred under this section—

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

20 same purposes and the same period as, the amounts

21 in the accounts to which transferred; and

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

23 been denied authorization of appropriations by Con24 gress.
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1 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR2 ITY.—The transfer authority provided in this section is in

3 addition to the transfer authority provided in section 1001.

4 SEC. 305. TRANSFER TO DEFENSE WORKING CAPITAL

5 FUNDS TO SUPPORT DEFENSE COMMISSARY

6 AGENCY.

7 (a) ARMY OPERATION AND MAINTENANCE FUNDS.—

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

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

10 for operation and maintenance for the Army to the Defense

11 Working Capital Funds for the purpose of funding oper12 ations of the Defense Commissary Agency.

13 (b) NAVY OPERATION AND MAINTENANCE FUNDS.—

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

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

16 for operation and maintenance for the Navy to the Defense

17 Working Capital Funds for the purpose of funding oper18 ations of the Defense Commissary Agency.

19 (c) MARINE CORPS OPERATION AND MAINTENANCE

20 FUNDS.—The Secretary of the Navy shall transfer

21 $90,834,000 of the amount authorized to be appropriated

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

23 Marine Corps to the Defense Working Capital Funds for

24 the purpose of funding operations of the Defense Com25 missary Agency.
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1 (d) AIR FORCE OPERATION AND MAINTENANCE

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

3 $309,061,000 of the amount authorized to be appropriated

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

5 Air Force to the Defense Working Capital Funds for the

6 purpose of funding operations of the Defense Commissary

7 Agency.

8 (e) TREATMENT OF TRANSFERS.—Amounts trans9 ferred under this section—

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

11 same purposes and the same period as, other amounts

12 in the Defense Working Capital Funds available for

13 the purpose of funding operations of the Defense Com14 missary Agency; and

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

16 been denied authorization of appropriations by Con17 gress.

18 (f) RELATIONSHIP TO OTHER TRANSFER AUTHOR19 ITY.—The transfers required by this section are in addition

20 to the transfer authority provided in section 1001.
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1 Subtitle B—Program Requirements,

2 Restrictions, and Limitations

3 SEC. 311. REIMBURSEMENT OF NAVY EXCHANGE SERVICE

4 COMMAND FOR RELOCATION EXPENSES.

5 Of the amount authorized to be appropriated by sec6 tion 301(5) for operation and maintenance for Defense-wide

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

8 Defense for the purpose of reimbursing the Navy Exchange

9 Service Command for costs incurred by the Navy Exchange

10 Service Command, and ultimately paid by the Navy Ex11 change Service Command using nonappropriated funds, to

12 relocate to Virginia Beach, Virginia, and to lease head13 quarters space in Virginia Beach.

14 Subtitle C—Environmental

15 Provisions

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

17 PAINT.

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

19 Defense shall use Army Corps of Engineers indefinite deliv20 ery, indefinite quantity contracts for the remediation of as21 bestos and lead-based paint at military installations within

22 the United States in accordance with all applicable Federal

23 and State laws and Department of Defense regulations.

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

25 may waive subsection (a) with regard to a military instal-
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1 lation that requires asbestos or lead-based paint remedi2 ation if the military installation is not included in an

3 Army Corps of Engineers indefinite delivery, indefinite

4 quantity contract. The Secretary shall grant any such waiv5 er on a case-by-case basis.

6 Subtitle D—Performance of

7 Functions by Private-Sector Sources

8 SEC. 331. EXPANSION OF ANNUAL REPORT ON CON9 TRACTING FOR COMMERCIAL AND INDUS10 TRIAL TYPE FUNCTIONS.

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

12 amended—

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

14 (2) in the second sentence, by striking ‘‘The Sec15 retary shall’’ and inserting the following:

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

17 (3) by inserting after the first sentence the fol18 lowing new paragraph:

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

20 a summary of the number of work year equivalents per21 formed by employees of private contractors in providing

22 services to the Department (including both direct and indi23 rect labor attributable to the provision of the services) and

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

25 equivalents and total value of the services shall be cat-
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1 egorized by Federal supply class or service code (using the

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

3 the services were funded, and the major organizational ele4 ment of the Department procuring the services.’’.

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

6 COMPARISON WAIVERS.

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

8 10, United States Code, is amended by adding at the end

9 the following new subsection:

10 ‘‘(c) CONGRESSIONAL NOTIFICATION OF COST COM11 PARISON WAIVER.—(1) Not later than 10 days after a deci12 sion is made to waive the cost comparison study otherwise

13 required under Office of Management and Budget Circular

14 A–76 as part of the process to convert to contractor perform15 ance any commercial activity of the Department of Defense,

16 the Secretary of Defense shall submit to Congress a report

17 describing the commercial activity subject to the waiver and

18 the rationale for the waiver.

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

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

21 military personnel adversely affected by the decision

22 to waive the cost comparison study and convert the

23 commercial activity to contractor performance.
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1 ‘‘(B) An explanation of whether the contractor

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

3 or sole source basis.

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

5 waiver and resulting conversion to contractor per6 formance.’’.

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

8 section is amended to read as follows:

9 ‘‘§ 2467. Cost comparisons: inclusion of retirement

10 costs; consultation with employees; waiver

11 of comparison’’.

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

13 146 of such title is amended by striking the item relating

14 to section 2467 and inserting the following new item:

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

15 SEC. 333. IMPROVED EVALUATION OF LOCAL ECONOMIC EF16 FECT OF CHANGING DEFENSE FUNCTIONS TO

17 PRIVATE SECTOR PERFORMANCE.

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

19 is amended by striking clause (ii) and inserting the fol20 lowing new clause (ii):

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

22 economy, identifying and taking into consider23 ation any unique circumstances affecting the

24 local community or the local economy, if more
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1 than 50 employees of the Department of Defense

2 perform the function.’’.

3 SEC. 334. ANNUAL REPORTS ON EXPENDITURES FOR PER4 FORMANCE OF DEPOT-LEVEL MAINTENANCE

5 AND REPAIR WORKLOADS BY PUBLIC AND

6 PRIVATE SECTORS.

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

8 Code, is amended to read as follows:

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

10 1 of each year, the Secretary of Defense shall submit to Con11 gress a report identifying, for each of the armed forces (other

12 than the Coast Guard) and each Defense Agency, the per13 centage of the funds referred to in subsection (a) that were

14 expended during the preceding two fiscal years for perform15 ance of depot-level maintenance and repair workloads by

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

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

18 of Defense shall submit to Congress a report identifying,

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

20 and each Defense Agency, the percentage of the funds re21 ferred to in subsection (a) that are projected to be expended

22 during each of the next five fiscal years for performance

23 of depot-level maintenance and repair workloads by the

24 public and private sectors, as required by this section.
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1 ‘‘(3) Not later than 60 days after the date on which

2 the Secretary submits a report under this subsection, the

3 Comptroller General shall submit to Congress the Comp4 troller General’s views on whether—

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

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

7 requirements of subsection (a) for the fiscal years cov8 ered by the report; and

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

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

11 are reasonable.’’.

12 SEC. 335. APPLICABILITY OF COMPETITION REQUIREMENT

13 IN CONTRACTING OUT WORKLOADS PER14 FORMED BY DEPOT-LEVEL ACTIVITIES OF DE15 PARTMENT OF DEFENSE.

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

17 amended by inserting ‘‘(including the cost of labor and ma18 terials)’’ after ‘‘$3,000,000’’.

19 SEC. 336. TREATMENT OF PUBLIC SECTOR WINNING BID20 DERS FOR CONTRACTS FOR PERFORMANCE

21 OF DEPOT-LEVEL MAINTENANCE AND REPAIR

22 WORKLOADS FORMERLY PERFORMED AT CER23 TAIN MILITARY INSTALLATIONS.

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

25 amended by adding at the end the following new subsection:
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1 ‘‘(i) OVERSIGHT OF CONTRACTS AWARDED PUBLIC

2 ENTITIES.—The Secretary of Defense or the Secretary con3 cerned may not impose on a public sector entity awarded

4 a contract for the performance of any depot-level mainte5 nance and repair workload described in subsection (b) any

6 requirements regarding management systems, reviews, over7 sight, or reporting different from the requirements used in

8 the performance and management of other depot-level main9 tenance and repair workloads by the entity, unless specifi10 cally provided in the solicitation for the contract.’’.

11 SEC. 337. PROCESS FOR MODERNIZATION OF COMPUTER

12 SYSTEMS AT ARMY COMPUTER CENTERS.

13 (a) COVERED ARMY COMPUTER CENTERS.—This sec14 tion applies with respect to the following computer centers

15 of the of the Army Communications Electronics Command

16 of the Army Material Command:

17 (1) Logistics Systems Support Center in St.

18 Louis, Missouri.

19 (2) Industrial Logistics System Center in Cham20 bersburg, Pennsylvania.

21 (b) DEVELOPMENT OF MOST EFFICIENT ORGANIZA22 TION.—Before selecting any entity to develop and imple23 ment a new computer system for the Army Material Com24 mand to perform the functions currently performed by the

25 Army computer centers specified in subsection (a), the Sec-
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1 retary of the Army shall provide the computer centers with

2 an opportunity to establish their most efficient organiza3 tion. The most efficient organization shall be in place not

4 later than May 31, 2001.

5 (c) MODERNIZATION PROCESS.—After the most effi6 cient organization is in place at the Army computer centers

7 specified in subsection (a), civilian employees of the Depart8 ment of Defense at these centers shall work in partnership

9 with the entity selected to develop and implement a new

10 computer system to perform the functions currently per11 formed by these centers to—

12 (1) ensure that the current computer system re13 mains operational to meet the needs of the Army Ma14 terial Command until the replacement computer sys15 tem is fully operational and successfully evaluated;

16 and

17 (2) to provide transition assistance to the entity

18 for the duration of the transition from the current

19 computer system to the replacement computer system.

20 SEC. 338. EVALUATION OF TOTAL SYSTEM PERFORMANCE

21 RESPONSIBILITY PROGRAM.

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

23 2000, the Secretary of the Air Force shall submit to Con24 gress a report identifying all Air Force programs that—
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1 (1) are currently managed under the Total Sys2 tem Performance Responsibility Program or similar

3 programs; or

4 (2) are presently planned to be managed using

5 the Total System Performance Responsibility Pro6 gram or a similar program.

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

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

9 an evaluation of the following:

10 (1) The manner in which the Total System Per11 formance Responsibility Program and similar pro12 grams support the readiness and warfighting capa13 bility of the Armed Forces and complement the sup14 port of the logistics depots.

15 (2) The effect of the Total System Performance

16 Responsibility Program and similar programs on the

17 long-term viability of core Government logistics man18 agement skills.

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

20 Force to determine whether or not Government em21 ployees can perform sustainment management func22 tions more cost effectively than the private sector.

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

24 30 days after the date on which the report required by sub25 section (a) is submitted to Congress, the Comptroller Gen-
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1 eral shall review the report and submit to Congress a brief2 ing evaluating the report.

3 SEC. 339. IDENTIFICATION OF CORE LOGISTICS CAPABILITY

4 REQUIREMENTS FOR MAINTENANCE AND RE5 PAIR OF C–17 AIRCRAFT.

6 (a) IDENTIFICATION REPORT REQUIRED.—Building

7 upon the plan required by section 351 of the Strom Thur8 mond National Defense Authorization Act for Fiscal Year

9 1999 (Public Law 105–261), the Secretary of the Air Force

10 shall submit to Congress a report identifying the core logis11 tics capability requirements for depot-level maintenance

12 and repair for the C–17 aircraft. To identify such require13 ments, the Secretary shall comply with section 2464 of title

14 10, United States Code. The Secretary shall submit the re15 port to Congress not later than February 1, 2000.

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

17 1, 2000, the Secretary of the Air Force may not extend the

18 Interim Contract for the C–17 Flexible Sustainment Pro19 gram before the end of the 60-day period beginning on the

20 date on which the report required by subsection (a) is re21 ceived by Congress.

22 (c) COMPTROLLER GENERAL REVIEW.—During the pe23 riod specified in subsection (b), the Comptroller General

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

25 submit to Congress a report evaluating the following:
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1 (1) The merits of the report submitted under sub2 section (a).

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

4 on systems for core logistics capability where the

5 workload of Government-owned and Government-oper6 ated depots is phasing down because the systems are

7 phasing out of the inventory.

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

9 Sustainment Program—

10 (A) by identifying depot maintenance and

11 materiel costs for contractor support; and

12 (B) by comparing those costs to the costs

13 originally estimated by the Air Force and to the

14 cost of similar work in an Air Force Logistics

15 Center.

16 Subtitle E—Defense Dependents

17 Education

18 SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

19 THAT BENEFIT DEPENDENTS OF MEMBERS

20 OF THE ARMED FORCES AND DEPARTMENT

21 OF DEFENSE CIVILIAN EMPLOYEES.

22 (a) MODIFIED DEPARTMENT OF DEFENSE PROGRAM

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

24 appropriated by section 301(5) for operation and mainte25 nance for Defense-wide activities, $35,000,000 shall be
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1 available only for the purpose of providing educational

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

3 educational agencies.

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

5 Secretary of Defense shall notify each local educational

6 agency that is eligible for educational agencies assistance

7 for fiscal year 2000 of—

8 (1) that agency’s eligibility for educational agen9 cies assistance; and

10 (2) the amount of the educational agencies assist11 ance for which that agency is eligible.

12 (c) DISBURSEMENT OF FUNDS.—The Secretary of De13 fense shall disburse funds made available under subsection

14 (a) not later than 30 days after the date on which notifica15 tion to the eligible local educational agencies is provided

16 pursuant to subsection (b).

17 (d) DEFINITIONS.—In this section:

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

19 means assistance authorized under section 386(b) of

20 the National Defense Authorization Act for Fiscal

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

22 note).

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

24 meaning given that term in section 8013(9) of the El-
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1 ementary and Secondary Education Act of 1965 (20

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

3 (e) DETERMINATION OF ELIGIBLE LOCAL EDU4 CATIONAL AGENCIES.—Section 386(c)(1) of the National

5 Defense Authorization Act for Fiscal Year 1993 (Public

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

7 ‘‘in that fiscal year are’’ and inserting ‘‘during the pre8 ceding school year were’’.

9 SEC. 342. CONTINUATION OF ENROLLMENT AT DEPART10 MENT OF DEFENSE DOMESTIC DEPENDENT

11 ELEMENTARY AND SECONDARY SCHOOLS.

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

13 amended—

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

15 and

16 (2) by adding at the end the following new sub17 section:

18 ‘‘(h) CONTINUATION OF ENROLLMENT DESPITE

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

20 armed forces or a dependent of a Federal employee may

21 continue enrollment in an educational program provided

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

23 the remainder of a school year notwithstanding a change

24 during such school year in the status of the member or Fed25 eral employee that, except for this paragraph, would other-
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1 wise terminate the eligibility of the dependent to be enrolled

2 in the program.

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

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

5 an educational program provided by the Secretary pursu6 ant to subsection (a) while a junior in that program may

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

8 year, notwithstanding a change in the enrollment eligibility

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

10 would otherwise terminate the eligibility of the dependent

11 to be enrolled in the program.

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

13 of the Secretary to remove a dependent from enrollment in

14 an educational program provided by the Secretary pursu15 ant to subsection (a) at any time for good cause determined

16 by the Secretary.’’.

17 SEC. 343. TECHNICAL AMENDMENTS TO DEFENSE DEPEND18 ENTS’ EDUCATION ACT OF 1978.

19 The Defense Dependents’ Education Act of 1978 (title

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

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

22 amended by striking ‘‘recieve’’ and inserting ‘‘re23 ceive’’.

24 (2) Section 1403 (20 U.S.C. 922) is amended—
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1 (A) by striking the matter in that section

2 preceding subsection (b) and inserting the fol3 lowing:

4 ‘‘ADMINISTRATION OF DEFENSE DEPENDENTS’ EDUCATION

5 SYSTEM

6 ‘‘SEC. 1403. (a) The defense dependents’ education sys7 tem is operated through the field activity of the Department

8 of Defense known as the Department of Defense Education

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

10 civilian and is selected by the Secretary of Defense. The Di11 rector reports to an Assistant Secretary of Defense des12 ignated by the Secretary of Defense for purposes of this

13 title.’’;

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

15 and inserting ‘‘this title’’;

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

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

18 Act’’;

19 (D) in subsection (c)(2), by striking the pe20 riod at the end and inserting a comma;

21 (E) in subsection (c)(6), by striking ‘‘Assist22 ant Secretary of Defense for Manpower, Reserve

23 Affairs, and Logistics’’ and inserting ‘‘the Assist24 ant Secretary of Defense designated under sub25 section (a)’’;
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1 (F) in subsection (d)(1), by striking ‘‘for the

2 Office of Dependents’ Education’’;

3 (G) in subsection (d)(2)—

4 (i) by striking the first sentence;

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

6 Dependents’ Education’’ and inserting

7 ‘‘Whenever the Department of Defense Edu8 cation Activity’’;

9 (iii) by striking ‘‘after the submission

10 of the report required under the preceding

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

12 affects the defense dependents’ education

13 system’’; and

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

15 and inserting ‘‘a report’’; and

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

17 Office of Dependents’ Education’’ and inserting

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

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

20 (A) in subsection (b), by striking ‘‘Depart21 ment of Health, Education, and Welfare in ac22 cordance with section 431 of the General Edu23 cation Provisions Act’’ and inserting ‘‘Secretary

24 of Education in accordance with section 437 of
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1 the General Education Provisions Act (20 U.S.C.

2 1232)’’;

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

4 academic year 1993–1994’’; and

5 (C) in subsection (c)(3)—

6 (i) by striking ‘‘IMPLEMENTATION

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

8 follows through ‘‘a comprehensive’’ and in9 serting ‘‘IMPLEMENTATION.—In carrying

10 out paragraph (2), the Secretary shall have

11 in effect a comprehensive’’;

12 (ii) by striking the semicolon after

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

14 and

15 (iii) by striking subparagraphs (B)

16 and (C).

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

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

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

20 of the Executive Schedule under section 5315 of title

21 5, United States Code’’.

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

23 (A) in subsection (a)(1)—

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

25 that follows through ‘‘shall provide for’’ and
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1 inserting ‘‘The Director may from time to

2 time, but not more frequently than once a

3 year, provide for’’; and

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

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

6 (B) in subsection (a)(2)—

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

8 this subsection’’ and inserting ‘‘Any study

9 under paragraph (1)’’; and

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

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

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

13 study’’ and inserting ‘‘any study’’;

14 (D) in subsection (c)—

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

16 after the effective date of this title the re17 port’’ and inserting ‘‘any report’’; and

18 (ii) by striking ‘‘the study’’ and insert19 ing ‘‘a study’’; and

20 (E) by striking subsection (d).

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

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

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

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

25 adding at the end the following new paragraph:
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1 ‘‘(6) The term ‘Director’ means the Director of

2 the Department of Defense Education Activity.’’.

3 Subtitle F—Military Readiness

4 Issues

5 SEC. 351. INDEPENDENT STUDY OF DEPARTMENT OF DE6 FENSE SECONDARY INVENTORY AND PARTS

7 SHORTAGES.

8 (a) INDEPENDENT STUDY REQUIRED.—In accordance

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

10 an independent study of—

11 (1) current levels of Department of Defense in12 ventories of spare parts and other supplies, known as

13 secondary inventory items, including wholesale and

14 retail inventories; and

15 (2) reports and evidence of Department of De16 fense inventory shortages adversely affecting readi17 ness.

18 (b) PERFORMANCE BY INDEPENDENT ENTITY.—To

19 conduct the study under this section, the Secretary of De20 fense shall select a private sector entity or other entity out21 side the Department of Defense that has experience in parts

22 and secondary inventory management.

23 (c) MATTERS TO BE INCLUDED IN STUDY.—The Sec24 retary of Defense shall require the entity conducting the
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1 study under this section to specifically evaluate the fol2 lowing:

3 (1) How much of the secondary inventory re4 tained by the Department of Defense for economic,

5 contingency, and potential reutilization during the

6 five-year period ending December 31, 1998, was actu7 ally used during each year of the period.

8 (2) How much of the retained secondary inven9 tory currently held by the Department could be de10 clared to be excess.

11 (3) Alternative methods for the disposal or other

12 disposition of excess inventory and the cost to the De13 partment to dispose of excess inventory under each al14 ternative.

15 (4) The total cost per year of storing secondary

16 inventory, to be determined using traditional private

17 sector cost calculation models.

18 (d) TIMETABLE FOR ELIMINATION OF EXCESS INVEN19 TORY.—As part of the consideration of alternative methods

20 to dispose of excess secondary inventory, as required by sub21 section (c)(3), the entity conducting the study under this

22 section shall prepare a timetable for disposal of the excess

23 inventory over a period of time not to exceed three years.

24 (e) REPORT ON RESULTS OF STUDY.—The Secretary

25 of Defense shall require the entity conducting the study
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1 under this section to submit to the Secretary and to the

2 Comptroller General a report containing the results of the

3 study, including the entity’s findings and conclusions con4 cerning each of the matters specified in subsection (c), and

5 the disposal timetable required by subsection (d). The entity

6 shall submit the report at such time as to permit the Sec7 retary to comply with subsection (f).

8 (f) REVIEW AND COMMENTS OF THE SECRETARY OF

9 DEFENSE.—Not later than September 1, 2000, the Sec10 retary of Defense shall submit to Congress a report con11 taining the following:

12 (1) The report submitted under subsection (d),

13 together with the Secretary’s comments and rec14 ommendations regarding the report.

15 (2) A plan to address the issues of excess and ex16 cessive inactive inventory and part shortages and a

17 timetable to implement the plan throughout the De18 partment.

19 (g) GAO EVALUATION.—Not later than 180 days after

20 the Secretary of Defense submits to Congress the report

21 under subsection (f), the Comptroller General shall submit

22 to Congress an evaluation of the report submitted by the

23 independent entity under subsection (e) and the report sub24 mitted by the Secretary under subsection (f).
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1 SEC. 352. INDEPENDENT STUDY OF ADEQUACY OF DEPART2 MENT RESTRUCTURED SUSTAINMENT AND

3 REENGINEERED LOGISTICS PRODUCT SUP4 PORT PRACTICES.

5 (a) INDEPENDENT STUDY REQUIRED.—In accordance

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

7 an independent study of restructured sustainment and re8 engineered logistics product support practices within the

9 Department of Defense, which are designed to provide spare

10 parts and other supplies to military units and installations

11 as needed during a transition to war fighting rather than

12 relying on large stockpiles of such spare parts and supplies.

13 The purpose of the study is to determine whether restruc14 tured sustainment and reengineered logistics product sup15 port practices would be able to provide adequate

16 sustainment supplies to military units and installations

17 should it ever be necessary to execute the National Military

18 Strategy prescribed by the Chairman of the Joint Chiefs

19 of Staff.

20 (b) PERFORMANCE BY INDEPENDENT ENTITY.—The

21 Secretary of Defense shall select an experienced private sec22 tor entity or other entity outside the Department of Defense

23 to conduct the study under this section.

24 (c) MATTERS TO BE INCLUDED IN STUDY.—The Sec25 retary of Defense shall require the entity conducting the
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1 study under this section to specifically evaluate (and rec2 ommend improvements in) the following:

3 (1) The assumptions that are used to determine

4 required levels of war reserve and prepositioned

5 stocks.

6 (2) The adequacy of supplies projected to be

7 available to support the fighting of two, nearly simul8 taneous, major theater wars, as required by the Na9 tional Military Strategy.

10 (3) The expected availability through the na11 tional technology and industrial base of spare parts

12 and supplies not readily available in the Department

13 inventories, such as parts for aging equipment that

14 no longer have active vendor support.

15 (d) REPORT ON RESULTS OF STUDY.—The Secretary

16 of Defense shall require the entity conducting the study

17 under this section to submit to the Secretary and to the

18 Comptroller General a report containing the results of the

19 study, including the entity’s findings, conclusions, and rec20 ommendations concerning each of the matters specified in

21 subsection (c). The entity shall submit the report at such

22 time as to permit the Secretary to comply with subsection

23 (e).

24 (e) REVIEW AND COMMENTS OF THE SECRETARY OF

25 DEFENSE.—Not later than March 1, 2000, the Secretary
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1 of Defense shall submit to Congress a report containing the

2 report submitted under subsection (d), together with the

3 Secretary’s comments and recommendations regarding the

4 report.

5 (f) GAO EVALUATION.—Not later than 180 days after

6 the Secretary of Defense submits to Congress the report

7 under subsection (e), the Comptroller General shall submit

8 to Congress an evaluation of the report submitted by the

9 independent entity under subsection (d) and the report sub10 mitted by the Secretary under subsection (e).

11 SEC. 353. INDEPENDENT STUDY OF MILITARY READINESS

12 REPORTING SYSTEM.

13 (a) INDEPENDENT STUDY REQUIRED.—(1) The Sec14 retary of Defense shall provide for an independent study

15 of requirements for a comprehensive readiness reporting

16 system for the Department of Defense as provided in section

17 117 of title 10, United States Code (as added by section

18 373 of the Strom Thurmond National Defense Authoriza19 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

20 Stat. 1990).

21 (2) The Secretary shall provide for the study to be con22 ducted by the Rand Corporation. The amount of a contract

23 for the study may not exceed $1,000,000.
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1 (3) The Secretary shall require that all components of

2 the Department of Defense cooperate fully with the organi3 zation carrying out the study.

4 (b) MATTERS TO BE INCLUDED IN STUDY.—The Sec5 retary shall require that the organization conducting the

6 study under this section specifically consider the require7 ments for providing an objective, accurate, and timely read8 iness reporting system for the Department of Defense meet9 ing the characteristics and having the capabilities estab10 lished in section 373 of the Strom Thurmond National De11 fense Authorization Act for Fiscal Year 1999.

12 (c) REPORT.—(1) The Secretary of Defense shall re13 quire the organization conducting the study under this sec14 tion to submit to the Secretary a report on the study not

15 later than March 1, 2000. The organization shall include

16 in the report its findings and conclusions concerning each

17 of the matters specified in subsection (b).

18 (2) The Secretary shall submit the report under para19 graph (1), together with the Secretary’s comments on the

20 report, to Congress not later than April 1, 2000.

21 SEC. 354. REVIEW OF REAL PROPERTY MAINTENANCE AND

22 ITS EFFECT ON READINESS.

23 (a) REVIEW REQUIRED.—The Secretary of Defense

24 shall conduct a review of the impact that the consistent lack

25 of adequate funding for real property maintenance of mili-
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1 tary installations during the five-year period ending De2 cember 31, 1998, has had on readiness, the quality of life

3 of members of the Armed Forces and their dependents, and

4 the infrastructure on military installations.

5 (b) MATTERS TO BE INCLUDED IN REVIEW.—In con6 ducting the review under this section, the Secretary of De7 fense shall specifically consider the following for the Army,

8 Navy, Marine Corps, and Air Force:

9 (1) For each year of the covered five-year period,

10 the extent to which unit training and operating funds

11 were diverted to meet basic base operations and real

12 property maintenance needs.

13 (2) The types of training delayed, canceled, or

14 curtailed as a result of the diversion of such funds.

15 (3) The level of funding required to eliminate the

16 real property maintenance backlog at military instal17 lations so that facilities meet the standards necessary

18 for optimum utilization during times of mobilization.

19 (c) PARTICIPATION OF INDEPENDENT ENTITY.—(1) As

20 part of the review conducted under this section, Secretary

21 of Defense shall select an independent entity—

22 (A) to review the method of command and man23 agement of military installations for the Army, Navy,

24 Marine Corps, and Air Force;
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1 (B) to develop, based on such review, a service2 specific plan for the optimum command structure for

3 military installations, to have major command status,

4 which is designed to enhance the development of in5 stallations doctrine, privatization and outsourcing,

6 commercial activities, environmental compliance pro7 grams, installation restoration, and military con8 struction; and

9 (C) to recommend a timetable for the implemen10 tation of the plan for each service.

11 (2) The Secretary of Defense shall select an experienced

12 private sector entity or other entity outside the Department

13 of Defense to carry out this subsection.

14 (d) REPORT REQUIRED.—Not later than March 1,

15 2000, the Secretary of Defense shall submit to Congress a

16 report containing the results of the review required under

17 this section and the plan for an optimum command struc18 ture required by subsection (c), together with the Secretary’s

19 comments and recommendations regarding the plan.

20 SEC. 355. ESTABLISHMENT OF LOGISTICS STANDARDS FOR

21 SUSTAINED MILITARY OPERATIONS.

22 (a) ESTABLISHMENT OF STANDARDS.—The Secretary

23 of Defense, in consultation with senior military com24 manders and the Secretaries of the military departments,
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1 shall establish standards for deployable units of the Armed

2 Forces regarding—

3 (1) the level of spare parts that the units must

4 have on hand; and

5 (2) similar logistics and sustainment needs of the

6 units.

7 (b) BASIS FOR STANDARDS.—The standards to be es8 tablished under subsection (a) shall be based upon the fol9 lowing:

10 (1) The unit’s wartime mission, as reflected in

11 the war-fighting plans of the relevant combatant com12 manders.

13 (2) An assessment of the likely requirement for

14 sustained operations under each such war-fighting

15 plan.

16 (3) An assessment of the likely requirement for

17 that unit to conduct sustained operations in an aus18 tere environment, while drawing exclusively on its

19 own internal logistics capabilities.

20 (c) SUFFICIENCY CAPABILITIES.—The standards to be

21 established under subsection (a) shall reflect those spare

22 parts and similar logistics capabilities that the Secretary

23 of Defense considers sufficient for units of the Armed Forces

24 to successfully execute their missions under the conditions

25 described in subsection (b).
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1 (d) RELATION TO READINESS REPORTING SYSTEM.—

2 The standards established under subsection (a) shall be

3 taken into account in designing the comprehensive readi4 ness reporting system for the Department of Defense re5 quired by section 117 of title 10, United States Code, and

6 shall be an element in determining a unit’s readiness status.

7 (e) RELATION TO ANNUAL FUNDING NEEDS.—The Sec8 retary of Defense shall consider the standards established

9 under subsection (a) in establishing the annual funding re10 quirements for the Department of Defense.

11 (f) REPORTING REQUIREMENT.—The Secretary of De12 fense shall include in the annual report required by section

13 113(c) of title 10, United States Code, an analysis of the

14 then current spare parts, logistics, and sustainment stand15 ards of the Armed Forces, as described in subsection (a),

16 including any shortfalls and the cost of addressing these

17 shortfalls.

18 Subtitle G—Other Matters

19 SEC. 361. DISCRETIONARY AUTHORITY TO INSTALL TELE20 COMMUNICATION EQUIPMENT FOR PERSONS

21 PERFORMING VOLUNTARY SERVICES.

22 Section 1588 of title 10, United States Code, is amend23 ed by adding at the end the following new subsection:

24 ‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The

25 Secretary concerned may install telephone lines and any
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1 necessary telecommunication equipment in the private resi2 dences of designated persons providing voluntary services

3 accepted under subsection (a)(3) and pay the charges in4 curred for the use of the equipment for authorized purposes.

5 ‘‘(2) Notwithstanding section 1348 of title 31, the Sec6 retary concerned may use appropriated or nonappropriated

7 funds of the military department under the jurisdiction of

8 the Secretary or, with respect to the Coast Guard, the de9 partment in which the Coast Guard is operating, to carry

10 out this subsection.

11 ‘‘(3) The Secretary of Defense and, with respect to the

12 Coast Guard, the Secretary of the department in which the

13 Coast Guard is operating, shall prescribe regulations to

14 carry out this subsection.’’.

15 SEC. 362. CONTRACTING AUTHORITY FOR DEFENSE WORK16 ING CAPITAL FUNDED INDUSTRIAL FACILI17 TIES.

18 Section 2208(j) of title 10, United States Code, is

19 amended—

20 (1) in the matter preceding paragraph (1), by

21 striking ‘‘or remanufacturing’’ and inserting ‘‘, re22 manufacturing, and engineering’’;

23 (2) in paragraph (1), by inserting ‘‘or a sub24 contract under a Department of Defense contract’’ be25 fore the semicolon; and
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1 (3) in paragraph (2), by striking ‘‘Department

2 of Defense solicitation for such contract’’ and insert3 ing ‘‘solicitation for the contract or subcontract’’.

4 SEC. 363. CLARIFICATION OF CONDITION ON SALE OF ARTI5 CLES AND SERVICES OF INDUSTRIAL FACILI6 TIES TO PERSONS OUTSIDE DEPARTMENT OF

7 DEFENSE.

8 Section 2553(g) of title 10, United States Code, is

9 amended—

10 (1) by redesignating paragraph (2) as para11 graph (3); and

12 (2) by inserting after paragraph (1) the fol13 lowing new paragraph:

14 ‘‘(2) The term ‘not available’, with respect to an

15 article or service proposed to be sold under this sec16 tion, means that the article or service is unavailable

17 from a commercial source in the required quantity

18 and quality, within the time required, or at prices

19 less than the price available through an industrial fa20 cility of the armed forces.’’.

21 SEC. 364. SPECIAL AUTHORITY OF DISBURSING OFFICIALS

22 REGARDING AUTOMATED TELLER MACHINES

23 ON NAVAL VESSELS.

24 Section 3342 of title 31, United States Code, is amend25 ed by adding at the end the following new subsection:
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1 ‘‘(f) With respect to automated teller machines on

2 naval vessels of the Navy, the authority of a disbursing offi3 cial of the United States Government under subsection (a)

4 also includes the following:

5 ‘‘(1) The authority to provide operating funds to

6 the automated teller machines.

7 ‘‘(2) The authority to accept, for safekeeping, de8 posits and transfers of funds made through the auto9 mated teller machines.’’.

10 SEC. 365. PRESERVATION OF HISTORIC BUILDINGS AND

11 GROUNDS AT UNITED STATES SOLDIERS’ AND

12 AIRMEN’S HOME, DISTRICT OF COLUMBIA.

13 The Armed Forces Retirement Home Act of 1991 (title

14 XV of Public Law 101–510; 24 U.S.C. 401 et seq.) is

15 amended by adding at the end of subtitle A the following

16 new section:

17 ‘‘SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND

18 GROUNDS AT UNITED STATES SOLDIERS’ AND

19 AIRMEN’S HOME

20 ‘‘(a) HISTORIC NATURE OF FACILITY.—Congress finds

21 the following:

22 ‘‘(1) Four buildings located on six acres of the

23 establishment of the Retirement Home known as the

24 United States Soldiers’ and Airmen’s Home are in-
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1 cluded on the National Register of Historic Places

2 maintained by the Secretary of the Interior.

3 ‘‘(2) Amounts in the Armed Forces Retirement

4 Home Trust Fund, which consists primarily of deduc5 tions from the pay of members of the Armed Forces,

6 are insufficient to both maintain and operate the Re7 tirement Home for the benefit of the residents of the

8 Retirement Home and adequately maintain, repair,

9 and preserve these historic buildings and grounds.

10 ‘‘(3) Other sources of funding are available to

11 contribute to the maintenance, repair, and preserva12 tion of these historic buildings and grounds.

13 ‘‘(b) AUTHORITY TO ACCEPT ASSISTANCE.—The

14 Chairman of the Retirement Home Board and the Director

15 of the United States Soldiers’ and Airmen’s Home may

16 apply for and accept a direct grant from the Secretary of

17 the Interior under section 101(e)(3) of the National Historic

18 Preservation Act (16 U.S.C. 470a(e)(3)) for the purpose of

19 maintaining, repairing, and preserving the historic build20 ings and grounds of the United States Soldiers’ and Air21 men’s Home included on the National Register of Historic

22 Places.

23 ‘‘(c) REQUIREMENTS AND LIMITATIONS.—Amounts re24 ceived as a grant under subsection (b) shall be deposited

25 in the Fund, but shall be kept separate from other amounts
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1 in the Fund. The amounts received may only be used for

2 the purpose specified in subsection (b).’’.

3 SEC. 366. CLARIFICATION OF LAND CONVEYANCE AUTHOR4 ITY, UNITED STATES SOLDIERS’ AND AIR5 MEN’S HOME.

6 (a) MANNER OF CONVEYANCE.—Subsection (a)(1) of

7 section 1053 of the National Defense Authorization Act for

8 Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2650)

9 is amended by striking ‘‘convey by sale’’ and inserting

10 ‘‘convey, by sale or lease,’’.

11 (b) TIME FOR CONVEYANCE.—Subsection (a)(2) of such

12 section is amended to read as follows:

13 ‘‘(2) The Armed Forces Retirement Home Board shall

14 sell or lease the property described in subsection (a) within

15 12 months after the date of the enactment of the National

16 Defense Authorization Act for Fiscal Year 2000.’’.

17 (c) MANNER, TERMS, AND CONDITIONS OF CONVEY18 ANCE.—Subsection (b) of such section is amended—

19 (1) by striking paragraph (1) and inserting the

20 following new paragraph: ‘‘(1) The Armed Forces Re21 tirement Home Board shall determine the manner,

22 terms, and conditions for the sale or lease of the real

23 property under subsection (a), except as follows:

24 ‘‘(A) Any lease of the real property under sub25 section (a) shall include an option to purchase.
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1 ‘‘(B) The conveyance may not involve any form

2 of public/private partnership, but shall be limited to

3 fee-simple sale or long-term lease.

4 ‘‘(C) Before conveying the property by sale or

5 lease to any other person or entity, the Board shall

6 provide the Catholic University of America with the

7 opportunity to match or exceed the highest bona fide

8 offer otherwise received for the purchase or lease of the

9 property, as the case may be, and to acquire the prop10 erty.’’; and

11 (2) in paragraph (2), by adding at the end the

12 following new sentence: ‘‘In no event shall the sale or

13 lease of the property be for less than the appraised

14 value of the property in its existing condition and on

15 the basis of its highest and best use.’’.

16 SEC. 367. TREATMENT OF ALASKA, HAWAII, AND GUAM IN

17 DEFENSE HOUSEHOLD GOODS MOVING PRO18 GRAMS.

19 (a) LIMITATION ON INCLUSION IN TEST PROGRAMS.—

20 Alaska, Hawaii, and Guam shall not be included as a point

21 of origin in any test or demonstration program of the De22 partment of Defense regarding the moving of household

23 goods of members of the Armed Forces.
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1 (b) SEPARATE REGIONS; DESTINATIONS.—In any De2 partment of Defense household goods moving program that

3 is not subject to the prohibition in subsection (a)—

4 (1) Alaska, Hawaii, and Guam shall each con5 stitute a separate region; and

6 (2) Hawaii and Guam shall be considered inter7 national destinations.

8 TITLE IV—MILITARY PERSONNEL

9 AUTHORIZATIONS

10 Subtitle A—Active Forces

11 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

12 The Armed Forces are authorized strengths for active

13 duty personel as of September 30, 2000, as follows:

14 (1) The Army, 480,000.

15 (2) The Navy, 372,037.

16 (3) The Marine Corps, 172,518.

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

18 SEC. 402. REVISION IN PERMANENT END STRENGTH MIN19 IMUM LEVELS.

20 (a) REVISED END STRENGTH FLOORS.—Section

21 691(b) of title 10, United States Code, is amended—

22 (1) in paragraph (2), by striking ‘‘372,696’’ and

23 inserting ‘‘371,781’’;

24 (2) in paragraph (3), by striking ‘‘172,200’’ and

25 inserting ‘‘172,148’’; and
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1 (3) in paragraph (4), by striking ‘‘370,802’’ and

2 inserting ‘‘360,877’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall take effect on October 1, 1999.

5 SEC. 403. APPOINTMENTS TO CERTAIN SENIOR JOINT OFFI6 CER POSITIONS.

7 (a) PERMANENT EXEMPTION AUTHORITY.—Para8 graph (5) of section 525(b) of title 10, United States Code,

9 is amended by striking subparagraph (C).

10 (b) PERMANENT REQUIREMENT FOR MILITARY DE11 PARTMENT SUBMISSIONS FOR CERTAIN JOINT 4-STAR

12 DUTY ASSIGNMENTS.—Section 604 of such title is amended

13 by striking subsection (c).

14 (c) CLARIFICATION OF CERTAIN LIMITATIONS ON NUM15 BER OF ACTIVE-DUTY GENERALS AND ADMIRALS.—Para16 graph (5) of section 525(b) of such title is further amended

17 by adding at the end of subparagraph (A) the following new

18 sentence: ‘‘Any increase by reason of the preceding sentence

19 in the number of officers of an armed force serving on active

20 duty in grades above major general or rear admiral may

21 only be realized by an increase in the number of lieutenant

22 generals or vice admirals, as the case may, serving on active

23 duty, and any such increase may not be construed as au24 thorizing an increase in the limitation on the total number

25 of general or flag officers for that armed force under section
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1 526(a) of this title or in the number of general and flag

2 officers that may be designated under section 526(b) of this

3 title.’’.

4 Subtitle B—Reserve Forces

5 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

7 strengths for Selected Reserve personnel of the reserve com8 ponents as of September 30, 2000, as follows:

9 (1) The Army National Guard of the United

10 States, 350,000.

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

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

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

14 (5) The Air National Guard of the United

15 States, 106,678.

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

17 (7) The Coast Guard Reserve, 8,000.

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

19 subsection (a) for the Selected Reserve of any reserve compo20 nent shall be proportionately reduced by—

21 (1) the total authorized strength of units orga22 nized to serve as units of the Selected Reserve of such

23 component which are on active duty (other than for

24 training) at the end of the fiscal year; and
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1 (2) the total number of individual members not

2 in units organized to serve as units of the Selected

3 Reserve of such component who are on active duty

4 (other than for training or for unsatisfactory partici5 pation in training) without their consent at the end

6 of the fiscal year.

7 Whenever such units or such individual members are re8 leased from active duty during any fiscal year, the end

9 strength prescribed for such fiscal year for the Selected Re10 serve of such reserve component shall be proportionately in11 creased by the total authorized strengths of such units and

12 by the total number of such individual members.

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

14 DUTY IN SUPPORT OF THE RESERVES.

15 Within the end strengths prescribed in section 411(a),

16 the reserve components of the Armed Forces are authorized,

17 as of September 30, 2000, the following number of Reserves

18 to be serving on full-time active duty or full-time duty, in

19 the case of members of the National Guard, for the purpose

20 of organizing, administering, recruiting, instructing, or

21 training the reserve components:

22 (1) The Army National Guard of the United

23 States, 22,563.

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

25 (3) The Naval Reserve, 15,010.
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1 (4) The Marine Corps Reserve, 2,272.

2 (5) The Air National Guard of the United

3 States, 11,025.

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

5 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

6 (DUAL STATUS).

7 The minimum number of military technicians (dual

8 status) as of the last day of fiscal year 2000 for the reserve

9 components of the Army and the Air Force (notwith10 standing section 129 of title 10, United States Code) shall

11 be the following:

12 (1) For the Army Reserve, 6,474.

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

14 States, 23,125.

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

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

17 States, 22,247.

18 SEC. 414. INCREASE IN NUMBER OF ARMY AND AIR FORCE

19 MEMBERS IN CERTAIN GRADES AUTHORIZED

20 TO SERVE ON ACTIVE DUTY IN SUPPORT OF

21 THE RESERVES.

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

23 10, United States Code, is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

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

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

Colonel or Navy Captain ............................................................... 471 188 297 30’’.
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1 (b) SENIOR ENLISTED MEMBERS.—The table in sec2 tion 12012(a) of such title is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

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

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

3 (c) EFFECTIVE DATE.—The amendments made by this

4 section shall take effect on October 1, 1999.

5 SEC. 415. SELECTED RESERVE END STRENGTH FLEXI6 BILITY.

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

8 amended—

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

10 (1);

11 (2) by striking the period at the end of para12 graph (2) and inserting ‘‘; and’’; and

13 (3) by adding at the end the following new para14 graph:

15 ‘‘(3) vary the end strength authorized pursuant

16 to subsection (a)(2) for a fiscal year for the Selected

17 Reserve of any of the reserve components by a number

18 equal to not more than 2 percent of that end

19 strength.’’.
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1 Subtitle C—Authorization of

2 Appropriations

3 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI4 TARY PERSONNEL.

5 There is hereby authorized to be appropriated to the

6 Department of Defense for military personnel for fiscal year

7 2000 a total of $72,115,367,000. The authorization in the

8 preceding sentence supersedes any other authorization of

9 appropriations (definite or indefinite) for such purpose for

10 fiscal year 2000.

11 TITLE V—MILITARY PERSONNEL

12 POLICY

13 Subtitle A—Officer Personnel Policy

14 SEC. 501. RECOMMENDATIONS FOR PROMOTION BY SELEC15 TION BOARDS.

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

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

18 ‘‘If the number determined under this subsection within a

19 grade (or grade and competitive category) is less than one,

20 the board may recommend one such officer from within that

21 grade (or grade and competitive category).’’.
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1 SEC. 502. TECHNICAL AMENDMENTS RELATING TO JOINT

2 DUTY ASSIGNMENTS.

3 (a) JOINT DUTY ASSIGNMENTS FOR GENERAL AND

4 FLAG OFFICERS.—Subsection (g) of section 619a of title 10,

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

6 ‘‘(g) LIMITATION FOR GENERAL AND FLAG OFFICERS

7 PREVIOUSLY RECEIVING JOINT DUTY ASSIGNMENT WAIV8 ER.—A general officer or flag officer who before January

9 1, 1999, received a waiver of subsection (a) under the au10 thority of this subsection (as in effect before that date) may

11 not be appointed to the grade of lieutenant general of vice

12 admiral until the officer completes a full tour of duty in

13 a joint duty assignment.’’.

14 (b) NUCLEAR PROPULSION OFFICERS.—Subsection (h)

15 of that section is amended—

16 (1) by striking ‘‘(1) Until January 1, 1997, an’’

17 inserting ‘‘An’’;

18 (2) by striking ‘‘may be’’ and inserting ‘‘who be19 fore January 1, 1997, is’’;

20 (3) by striking ‘‘. An officer so appointed’’; and

21 (4) by striking paragraph (2).
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1 Subtitle B—Matters Relating to

2 Reserve Components

3 SEC. 511. CONTINUATION ON RESERVE ACTIVE STATUS

4 LIST TO COMPLETE DISCIPLINARY ACTION.

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

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

7 new section:

8 ‘‘§ 14518. Continuation on reserve active status list to

9 complete disciplinary action

10 ‘‘When an action is commenced against a Reserve offi11 cer with a view to trying the officer by court-martial, as

12 authorized by section 802(d) of this title, the Secretary con13 cerned may delay the separation or retirement of the officer

14 under this chapter until the completion of the disciplinary

15 action under chapter 47 of this title.’’.

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

17 the beginning of such chapter 1407 is amended by adding

18 at the end the following new item:

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

19 SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT

20 MEMBERS TO ACTIVE DUTY TO COMPLETE A

21 MEDICAL EVALUATION.

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

23 amended by adding at the end the following new subsection:
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1 ‘‘(h)(1) When authorized by the Secretary of Defense,

2 the Secretary of the military department concerned may

3 order a member of a reserve component to active duty, with

4 the consent of that member, to receive authorized medical

5 care, to be medically evaluated for disability or other pur6 poses, or to complete a required Department of Defense

7 health care study, which may include an associated medical

8 evaluation of the member.

9 ‘‘(2) A member ordered to active duty under this sub10 section may be retained with the member’s consent, when

11 the Secretary concerned considers it appropriate, for med12 ical treatment for a condition associated with the study or

13 evaluation, if that treatment of the member otherwise is au14 thorized by law.

15 ‘‘(3) A member of the Army National Guard of the

16 United States or the Air National Guard of the United

17 States may not be ordered to active duty under this sub18 section without the consent of the Governor or other appro19 priate authority of the State concerned.’’.

20 SEC. 513. ELIGIBILITY FOR CONSIDERATION FOR PRO21 MOTION.

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

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

24 new subsection:
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1 ‘‘(h) OFFICERS ON EDUCATIONAL DELAY.—A Reserve

2 officer who is in an educational delay status for the purpose

3 of attending an approved institution of higher education

4 for advanced training, subsidized by the military depart5 ment concerned in the form of a scholarship or stipend, is

6 ineligible for consideration for promotion while in that sta7 tus. The officer shall remain on the Reserve active status

8 list while in such an educational delay status.’’.

9 (b) RETROACTIVE EFFECT.—The Secretary concerned,

10 upon application, shall expunge from the record of any offi11 cer a nonselection for promotion if the nonselection occurred

12 during a period the officer was serving in an educational

13 delay status that occurred during the period beginning on

14 October 1, 1996, and ending on the date of the enactment

15 of this Act.

16 SEC. 514. RETENTION UNTIL COMPLETION OF 20 YEARS OF

17 SERVICE FOR RESERVE COMPONENT MAJORS

18 AND LIEUTENANT COMMANDERS WHO TWICE

19 FAIL OF SELECTION FOR PROMOTION.

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

21 amended by striking ‘‘section 14513’’ and all that follows

22 and inserting ‘‘section 14513 of this title on the later of—

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

24 in which the officer completes 20 years of commis25 sioned service; or
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1 ‘‘(2) the first day of the seventh month after the

2 month in which the President approves the report of

3 the board which considered the officer for the second

4 time.’’.

5 SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLU6 SION.

7 The text of section 14706 of title 10, United States

8 Code, is amended to read as follows:

9 ‘‘(a) For the purpose of this chapter and chapter 1407

10 of this title, a Reserve officer’s years of service include all

11 service of the officer as a commissioned officer of a uni12 formed service other than—

13 ‘‘(1) service as a warrant officer;

14 ‘‘(2) constructive service; and

15 ‘‘(3) service after appointment as a commis16 sioned officer of a reserve component while in a pro17 gram of advanced education to obtain the first profes18 sional degree required for appointment, designation,

19 or assignment as an officer in the Medical Corps, the

20 Dental Corps, the Veterinary Corps, the Medical Serv21 ice Corps, the Nurse Corps, the Army Medical Spe22 cialists Corps, or as an officer designated as a chap23 lain or judge advocate, provided such service occurs

24 before the officer commences initial service on active
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1 duty or initial service in the Ready Reserve in the

2 specialty that results from such a degree.

3 ‘‘(b) The exclusion under subsection (a)(3) does not

4 apply to service performed by an officer who previously

5 served on active duty or participated as a member of the

6 Ready Reserve in other than a student status for the period

7 of service preceding the member’s service in a student sta8 tus.’’.

9 SEC. 516. AUTHORITY TO RETAIN RESERVE COMPONENT

10 CHAPLAINS UNTIL AGE 67.

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

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

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

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

15 SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY

16 FOR SPACE-REQUIRED TRAVEL FOR RE17 SERVES.

18 (a) CODIFICATION.—(1) Chapter 1209 of title 10,

19 United States Code, is amended by adding at the end the

20 following new section:

21 ‘‘§ 12323. Space-required travel for Reserves

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

23 travel in a space-required status on aircraft of the armed

24 forces between home and place of inactive duty training,

25 or place of duty in lieu of unit training assembly, when
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1 there is no road or railroad transportation (or combination

2 of road and railroad transportation) between those loca3 tions. A member traveling in that status on a military air4 craft pursuant to the authority provided in this section is

5 not authorized to receive travel, transportation, or per diem

6 allowances in connection with that travel.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘12323. Space-required travel for Reserves.’’.

9 (b) EFFECTIVE DATE.—Section 12323 of title 10,

10 United States Code, as added by subsection (a), shall take

11 effect on October 1, 1999.

12 SEC. 518. FINANCIAL ASSISTANCE PROGRAM FOR SPE13 CIALLY SELECTED MEMBERS OF THE MARINE

14 CORPS RESERVE.

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

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

17 new section:

18 ‘‘§ 12216. Financial assistance for members of the Ma19 rine Corps platoon leader’s class program

20 ‘‘(a) PROGRAM AUTHORITY.—The Secretary of the

21 Navy may provide payment of not more than $5,200 per

22 year for a period not to exceed three consecutive years of

23 educational expenses (including tuition, fees, books, and

24 laboratory expenses) to an eligible enlisted member of the

25 Marine Corps Reserve for completion of—
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1 ‘‘(1) baccalaureate degree requirements in an ap2 proved academic program that requires less than five

3 academic years to complete; or

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

5 degree requirements in an approved academic pro6 gram which requires not more than three years to

7 complete.

8 ‘‘(b) ELIGIBLE RESERVISTS.—To be eligible for receipt

9 of educational expenses as authorized by subsection (a), an

10 enlisted member of the Marine Corps Reserve must—

11 ‘‘(1) either—

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

13 of the calendar year in which the member is eli14 gible for appointment as a second lieutenant in

15 the Marine Corps for such persons in a bacca16 laureate degree program described in subsection

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

18 served on active duty in the armed forces may

19 exceed such age limitation on such date by a pe20 riod equal to the period such member served on

21 active duty, but only if such member will be

22 under 30 years of age on such date; or

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

24 of the calendar year in which the member is eli25 gible for appointment as a second lieutenant in
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1 the Marine Corps for such persons in a doctor of

2 jurisprudence or bachelor of laws degree program

3 described in subsection (a)(2), except that any

4 such member who has served on active duty in

5 the armed forces may exceed such age limitation

6 on such date by a period equal to the period such

7 member served on active duty, but only if such

8 member will be under 35 years of age on such

9 date;

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

11 civilian educational institution authorized to grant

12 baccalaureate, doctor of jurisprudence or bachelor of

13 law degrees;

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

15 Marine Corps Platoon Leader’s Class Program and

16 successfully complete one increment of military train17 ing of not less than six weeks’ duration; and

18 ‘‘(4) agree in writing—

19 ‘‘(A) to accept an appointment as a com20 missioned officer in the Marine Corps, if ten21 dered by the President;

22 ‘‘(B) to serve on active duty for a minimum

23 of five years; and

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

25 shall be prescribed by the Secretary of the Navy,
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1 to serve in the Marine Corps Reserve until the

2 eighth anniversary of the receipt of such ap3 pointment.

4 ‘‘(c) APPOINTMENT.—Upon satisfactorily completing

5 the academic and military requirements of the Marine

6 Corps Platoon Leaders Class Program, an officer candidate

7 may be appointed by the President as a Reserve officer in

8 the Marine Corps in the grade of second lieutenant.

9 ‘‘(d) LIMITATION ON NUMBER.—Not more than 1,200

10 officer candidates may participate in the financial assist11 ance program authorized by this section at any one time.

12 ‘‘(e) REMEDIAL AUTHORITY OF SECRETARY.—An offi13 cer candidate may be ordered to active duty in the Marine

14 Corps by the Secretary of the Navy to serve in an appro15 priate enlisted grade for such period of time as the Sec16 retary prescribes, but not for more than four years, when

17 such person—

18 ‘‘(1) accepted financial assistance under this sec19 tion; and

20 ‘‘(2) either—

21 ‘‘(A) completes the military and academic

22 requirements of the Marine Corps Platoon Lead23 ers Class Program and refuses to accept a com24 mission when offered;
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1 ‘‘(B) fails to complete the military or aca2 demic requirements of the Marine Corps Platoon

3 Leaders Class Program; or

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

5 Platoon Leaders Class Program for failure to

6 maintain eligibility for an original appointment

7 as a commissioned officer under section 532 of

8 this title.

9 ‘‘(d) PERSONS NOT QUALIFIED FOR APPOINTMENT.—

10 Except under regulations prescribed by the Secretary of the

11 Navy, a person who is not physically qualified for appoint12 ment under section 532 of this title and subsequently is de13 termined by the Secretary of the Navy under section 505

14 of this title to be unqualified for service as an enlisted mem15 ber of the Marine Corps due to a physical or medical condi16 tion that was not the result of misconduct or grossly neg17 ligent conduct may request a waiver of obligated service of

18 such financial assistance.’’.

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

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

21 end the following new item:

‘‘12216. Financial assistance for members of the Marine Corps platoon leader’s

class program.’’.

22 (c) COMPUTATION OF SERVICE CREDITABLE.—Section

23 205 of title 37, United States Code, is amended by adding

24 at the end the following new subsection:
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1 ‘‘(f) Notwithstanding subsection (a), a commissioned

2 officer appointed under sections 12209 and 12216 of title

3 10 may not count in computing basic pay a period of serv4 ice after January 1, 2000, that the officer performed concur5 rently as a member of the Marine Corps Platoon Leaders

6 Class Program and the Marine Corps Reserve, except that

7 service after that date that the officer performed before com8 missioning while serving as an enlisted member on active

9 duty or as a member of the Selected Reserve may be so

10 counted.’’.

11 (d) TRANSITION PROVISION.—An enlisted member of

12 the Marine Corps Reserve selected for training as officer

13 candidates under section 12209 of title 10, United States

14 Code, before October 1, 2000 may, upon submitting an ap15 propriate application, participate in the financial assist16 ance program established in subsection (a) if—

17 (1) the member is eligible for financial assistance

18 under the qualification requirements of subsection (a);

19 (2) the member submits to the Secretary of the

20 Navy a request for such financial assistance not later

21 than 180 days after the date of the enactment of this

22 Act; and

23 (3) the member agrees in writing to accept an

24 appointment, if offered in the Marine Corps Reserve,

25 and to comply with the length of obligated service
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1 provisions in subsection (a)(2)(D) of section 12216 of

2 title 10, United States Code, as added by subsection

3 (a).

4 (e) LIMITATION ON CREDITING OF PRIOR SERVICE.—

5 In computing length of service for any purpose, a person

6 who requests financial assistance under subsection (d) may

7 not be credited with service either as an officer candidate

8 or concurrent enlisted service, other than concurrent en9 listed service while serving on active duty other than for

10 training while a member of the Marine Corps Reserve.

11 SEC. 519. OPTIONS TO IMPROVE RECRUITING FOR THE

12 ARMY RESERVE.

13 (a) REVIEW.—The Secretary of the Army shall conduct

14 a review of the manner, process, and organization used by

15 the Army to recruit new members for the Army Reserve.

16 The review shall seek to determine the reasons for the con17 tinuing inability of the Army to meet recruiting objectives

18 for the Army Reserve and to identify measures the Sec19 retary could take to correct that inability.

20 (b) REORGANIZATION TO BE CONSIDERED.—Among

21 the possible corrective measures to be examined by the Sec22 retary of the Army as part of the review shall be a transfer

23 of the recruiting function for the Army Reserve from the

24 Army Recruiting Command to a new, fully resourced re-
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1 cruiting organization under the command and control of

2 the Chief, Army Reserve.

3 (c) REPORT.—Not later than July 1, 2000, the Sec4 retary shall submit to the Committee on Armed Services

5 of the Senate and the Committee on Armed Service of the

6 House of Representatives a report setting forth the results

7 of the review under this section. The report shall include

8 a description of any corrective measures the Secretary in9 tends to implement.

10 Subtitle C—Military Technicians

11 SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STA12 TUS) LAW.

13 (a) DEFINITION.—Subsection (a)(1) of section 10216

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

15 (1) in subparagraph (A), by striking ‘‘section

16 709’’ and inserting ‘‘section 709(b)’’; and

17 (2) in subparagraph (C), by inserting ‘‘civilian’’

18 after ‘‘is assigned to a’’.

19 (b) DUAL STATUS REQUIREMENT.—Subsection (e) of

20 such section is amended—

21 (1) in paragraph (1), by inserting ‘‘(dual sta22 tus)’’ after ‘‘military technician’’ the second place it

23 appears; and

24 (2) in paragraph (2)—
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1 (A) by striking ‘‘The Secretary’’ and insert2 ing ‘‘Except as otherwise provided by law, the

3 Secretary’’; and

4 (B) by striking ‘‘six months’’ and inserting

5 ‘‘up to 12 months’’.

6 SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.

7 (a) IN GENERAL.—(1) Chapter 1007 of title 10, United

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

9 new section:

10 ‘‘§ 10218. Army and Air Force Reserve Technicians:

11 conditions for retention; mandatory re12 tirement under civil service laws

13 ‘‘(a) SEPARATION AND RETIREMENT OF MILITARY

14 TECHNICIANS (DUAL STATUS).—(1) An individual em15 ployed by the Army Reserve or the Air Force Reserve as

16 a military technician (dual status) who after the date of

17 the enactment of this section loses dual status is subject to

18 paragraph (2) or (3), as the case may be.

19 ‘‘(2) If a technician described in paragraph (1) is eli20 gible at the time dual status is lost for an unreduced annu21 ity, the technician shall be separated, subject to subsection

22 (e), not later than 30 days after the date on which dual

23 status is lost.
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1 ‘‘(3)(A) If a technician described in paragraph (1) is

2 not eligible at the time dual status is lost for an unreduced

3 annuity, the technician shall be offered the opportunity to—

4 ‘‘(i) reapply for, and if qualified be appointed

5 to, a position as a military technician (dual status);

6 or

7 ‘‘(ii) apply for a civil service position that is not

8 a technician position.

9 ‘‘(B) If such a technician continues employment with

10 the Army Reserve or the Air Force Reserve as a non-dual

11 status technician, the technician—

12 ‘‘(i) shall not be permitted, after the end of the

13 one-year period beginning on the date of the enact14 ment of this subsection, to apply for any voluntary

15 personnel action; and

16 ‘‘(ii) shall, subject to subsection (e), be separated

17 or retired—

18 ‘‘(I) in the case of a technician first hired

19 as a military technician (dual status) on or be20 fore February 10, 1996, not later than 30 days

21 after becoming eligible for an unreduced annu22 ity; and

23 ‘‘(II) in the case of a technician first hired

24 as a military technician (dual status) after Feb-
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1 ruary 10, 1996, not later than one year after the

2 date on which dual status is lost.

3 ‘‘(4) For purposes of this subsection, a military techni4 cian is considered to lose dual status upon—

5 ‘‘(A) being separated from the Selected Reserve;

6 or

7 ‘‘(B) ceasing to hold the military grade specified

8 by the Secretary concerned for the position held by the

9 technician.

10 ‘‘(b) NON-DUAL STATUS TECHNICIANS.—(1) An indi11 vidual who on the date of the enactment of this section is

12 employed by the Army Reserve or the Air Force Reserve

13 as a non-dual status technician and who on that date is

14 eligible for an unreduced annuity shall, subject to subsection

15 (e), be separated not later than six months after the date

16 of the enactment of this section.

17 ‘‘(2)(A) An individual who on the date of the enact18 ment of this section is employed by the Army Reserve or

19 the Air Force Reserve as a non-dual status technician and

20 who on that date is not eligible for an unreduced annuity

21 shall be offered the opportunity to—

22 ‘‘(i) reapply for, and if qualified be appointed

23 to, a position as a military technician (dual status);

24 or
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1 ‘‘(ii) apply for a civil service position that is not

2 a technician position.

3 ‘‘(B) If such a technician continues employment with

4 the Army Reserve or the Air Force Reserve as a non-dual

5 status technician, the technician—

6 ‘‘(i) shall not be permitted, after the end of the

7 one-year period beginning on the date of the enact8 ment of this subsection, to apply for any voluntary

9 personnel action; and

10 ‘‘(ii) shall, subject to subsection (e), be separated

11 or retired—

12 ‘‘(I) in the case of a technician first hired

13 as a technician on or before February 10, 1996,

14 and who on the date of the enactment of this sec15 tion is a non-dual status technician, not later

16 than 30 days after becoming eligible for an unre17 duced annuity; and

18 ‘‘(II) in the case of a technician first hired

19 as a technician after February 10, 1996, and

20 who on the date of the enactment of this section

21 is a non-dual status technician, not later than

22 one year after the date on which dual status is

23 lost.

24 ‘‘(3) An individual employed by the Army Reserve or

25 the Air Force Reserve as a non-dual status technician who
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1 is ineligible for appointment to a military technician (dual

2 status) position, or who decides not to apply for appoint3 ment to such a position, or who, within six months of the

4 date of the enactment of this section is not appointed to

5 such a position, shall for reduction-in-force purposes be in

6 a separate competitive category from employees who are

7 military technicians (dual status).

8 ‘‘(c) UNREDUCED ANNUITY DEFINED.—For purposes

9 of this section, a technician shall be considered to be eligible

10 for an unreduced annuity if the technician is eligible for

11 an annuity under section 8336, 8412, or 8414 of title 5

12 that is not subject to a reduction by reason of the age or

13 years of service of the technician.

14 ‘‘(d) VOLUNTARY PERSONNEL ACTION DEFINED.—In

15 this section, the term ‘voluntary personnel action’, with re16 spect to a non-dual status technician, means any of the fol17 lowing:

18 ‘‘(1) The hiring, entry, appointment, reassign19 ment, promotion, or transfer of the technician into a

20 position for which the Secretary concerned has estab21 lished a requirement that the person occupying the

22 position be a military technician (dual status).

23 ‘‘(2) Promotion to a higher grade if the techni24 cian is in a position for which the Secretary con25 cerned has established a requirement that the person
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1 occupying the position be a military technician (dual

2 status).

3 ‘‘(e) ANNUAL LIMITATION ON MANDATORY RETIRE4 MENTS.—Until October 1, 2004, the Secretary of the Army

5 and the Secretary of the Air Force may not during any

6 fiscal year approve a total of more than 25 mandatory re7 tirements under this section. A technician who is subject

8 to mandatory separation under this section in any fiscal

9 year and who, but for this subsection, would be eligible to

10 be retired with an unreduced annuity shall, if not sooner

11 separated under some other provision of law, be eligible to

12 be retained in service until mandatorily retired consistent

13 with the limitation in this subsection.’’.

14 (2) The table of sections at the beginning of such chap15 ter is amended by adding at the end the following new item:

‘‘10218. Army and Air Force Reserve Technicians: conditions for retention; mandatory retirement under civil service laws.’’.

16 (3) During the six-month period beginning on the date

17 of the enactment of this Act, the provisions of subsections

18 (a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10218 of title

19 10, United States Code, as added by paragraph (1), shall

20 be applied by substituting ‘‘six months’’ for ‘‘30 days’’.

21 (b) EARLY RETIREMENT.—Section 8414(c) of title 5,

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

23 ‘‘(c)(1) An employee who was hired as a military re24 serve technician on or before February 10, 1996 (under the
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1 provisions of this title in effect before that date), and who

2 is separated from technician service, after becoming 50

3 years of age and completing 25 years of service, by reason

4 of being separated from the Selected Reserve of the employ5 ee’s reserve component or ceasing to hold the military grade

6 specified by the Secretary concerned for the position held

7 by the employee is entitled to an annuity.

8 ‘‘(2) An employee who is initially hired as a military

9 technician (dual status) after February 10, 1996, and who

10 is separated from the Selected Reserve or ceases to hold the

11 military grade specified by the Secretary concerned for the

12 position held by the technician—

13 ‘‘(A) after completing 25 years of service as a

14 military technician (dual status), or

15 ‘‘(B) after becoming 50 years of age and com16 pleting 20 years of service as a military technician

17 (dual status),

18 is entitled to an annuity.’’.

19 (c) CONFORMING AMENDMENTS.—Chapter 84 of title

20 5, United States Code, is amended as follows:

21 (1) Section 8415(g)(2) is amended by striking

22 ‘‘military reserve technician’’ and inserting ‘‘military

23 technician (dual status)’’.

24 (2) Section 8401(30) is amended to read as fol25 lows:
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1 ‘‘(30) the term ‘military technician (dual sta2 tus)’ means an employee described in section 10216 of

3 title 10;’’.

4 (d) DISABILITY RETIREMENT.—Section 8337(h) of

5 title 5, United States Code, is amended—

6 (1) in paragraph (1)—

7 (A) by inserting ‘‘or section 10216 of title

8 10’’ after ‘‘title 32’’;

9 (B) by striking ‘‘such title’’ and all that fol10 lows through the period and inserting ‘‘title 32

11 or section 10216 of title 10, respectively, to be a

12 member of the Selected Reserve.’’;

13 (2) in paragraph (2)(A)(i)—

14 (A) by inserting ‘‘or section 10216 of title

15 10’’ after ‘‘title 32’’; and

16 (B) by striking ‘‘National Guard or from

17 holding the military grade required for such em18 ployment’’ and inserting ‘‘Selected Reserve’’; and

19 (3) in paragraph (3)(C), by inserting ‘‘or section

20 10216 of title 10’’ after ‘‘title 32’’.

21 SEC. 523. REVISION TO NON-DUAL STATUS TECHNICIANS

22 STATUTE.

23 (a) REVISION.—Section 10217 of title 10, United

24 States Code, is amended—

25 (1) in subsection (a)—
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1 (A) by striking ‘‘military’’ after ‘‘non-dual

2 status’’ in the matter preceding paragraph (1);

3 and

4 (B) by striking paragraphs (1) and (2) and

5 inserting the following:

6 ‘‘(1) was hired as a technician before November

7 18, 1997, under any of the authorities specified in

8 subsection (b) and as of that date is not a member

9 of the Selected Reserve or after such date has ceased

10 to be a member of the Selected Reserve; or

11 ‘‘(2) is employed under section 709 of title 32 in

12 a position designated under subsection (c) of that sec13 tion and when hired was not required to maintain

14 membership in the Selected Reserve.’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(c) PERMANENT LIMITATIONS ON NUMBER.—(1) Ef18 fective October 1, 2007, the total number of non-dual status

19 technicians employed by the Army Reserve and Air Force

20 Reserve may not exceed 175. If at any time after the pre21 ceding sentence takes effect the number of non-dual status

22 technicians employed by the Army Reserve and Air Force

23 Reserve exceeds the number specified in the limitation in

24 the preceding sentence, the Secretary of Defense shall re25 quire that the Secretary of the Army or the Secretary of
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1 the Air Force, or both, take immediate steps to reduce the

2 number of such technicians in order to comply with such

3 limitation.

4 ‘‘(2) Effective October 1, 2001, the total number of non5 dual status technicians employed by the National Guard

6 may not exceed 1,950. If at any time after the preceding

7 sentence takes effect the number of non-dual status techni8 cians employed by the National Guard exceeds the number

9 specified in the limitation in the preceding sentence, the

10 Secretary of Defense shall require that the Secretary of the

11 Army or the Secretary of the Air Force, or both, take imme12 diate steps to reduce the number of such technicians in

13 order to comply with such limitation.’’.

14 (c) CONFORMING AMENDMENTS.—The heading of such

15 section and the item relating to such section in the table

16 of sections at the beginning of chapter 1007 of such title

17 are each amended by striking the penultimate word.

18 SEC. 524. REVISION TO AUTHORITIES RELATING TO NA19 TIONAL GUARD TECHNICIANS.

20 Section 709 of title 32, United States Code, is amended

21 to read as follows:

22 ‘‘§ 709. Technicians: employment, use, status

23 ‘‘(a) Under regulations prescribed by the Secretary of

24 the Army or the Secretary of the Air Force, as the case may
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1 be, and subject to subsections (b) and (c), persons may be

2 employed as technicians in—

3 ‘‘(1) the administration and training of the Na4 tional Guard; and

5 ‘‘(2) the maintenance and repair of supplies

6 issued to the National Guard or the armed forces.

7 ‘‘(b) Except as authorized in subsection (c), a person

8 employed under subsection (a) must meet each of the fol9 lowing requirements:

10 ‘‘(1) Be a military technician (dual status) as

11 defined in section 10216(a) of title 10.

12 ‘‘(2) Be a member of the National Guard.

13 ‘‘(3) Hold the military grade specified by the

14 Secretary concerned for that position.

15 ‘‘(4) While performing duties as a military tech16 nician (dual status), wear the uniform appropriate

17 for the member’s grade and component of the armed

18 forces .

19 ‘‘(c)(1) A person may be employed under subsection

20 (a) as a non-dual status technician (as defined by section

21 10217 of title 10) if the technician position occupied by the

22 person has been designated by the Secretary concerned to

23 be filled only by a non-dual status technician.
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1 ‘‘(2) The total number of non-dual status technicians

2 in the National Guard is specified in section 10217(c)(2)

3 of title 10.

4 ‘‘(d) The Secretary concerned shall designate the adju5 tants general referred to in section 314 of this title to em6 ploy and administer the technicians authorized by this sec7 tion.

8 ‘‘(e) A technician employed under subsection (a) is an

9 employee of the Department of the Army or the Department

10 of the Air Force, as the case may be, and an employee of

11 the United States. However, a position authorized by this

12 section is outside the competitive service if the technician

13 employed in that position is required under subsection (b)

14 to be a member of the National Guard.

15 ‘‘(f) Notwithstanding any other provision of law and

16 under regulations prescribed by the Secretary concerned—

17 ‘‘(1) a person employed under subsection (a) who

18 is a military technician (dual status) and otherwise

19 subject to the requirements of subsection (b) who—

20 ‘‘(A) is separated from the National Guard

21 or ceases to hold the military grade specified by

22 the Secretary concerned for that position shall be

23 promptly separated from military technician

24 (dual status) employment by the adjutant gen25 eral of the jurisdiction concerned; and
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1 ‘‘(B) fails to meet the military security

2 standards established by the Secretary concerned

3 for a member of a reserve component under his

4 jurisdiction may be separated from employment

5 as a military technician (dual status) and con6 currently discharged from the National Guard by

7 the adjutant general of the jurisdiction con8 cerned;

9 ‘‘(2) a technician may, at any time, be separated

10 from his technician employment for cause by the ad11 jutant general of the jurisdiction concerned;

12 ‘‘(3) a reduction in force, removal, or an adverse

13 action involving discharge from technician employ14 ment, suspension, furlough without pay, or reduction

15 in rank or compensation shall be accomplished by the

16 adjutant general of the jurisdiction concerned;

17 ‘‘(4) a right of appeal which may exist with re18 spect to paragraph (1), (2), or (3) shall not extend be19 yond the adjutant general of the jurisdiction con20 cerned; and

21 ‘‘(5) a technician shall be notified in writing of

22 the termination of his employment as a technician

23 and, unless the technician is serving under a tem24 porary appointment, is serving in a trial or proba25 tionary period, or has voluntarily ceased to be a
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1 member of the National Guard when such membership

2 is a condition of employment, such notification shall

3 be given at least 30 days before the termination date

4 of such employment.

5 ‘‘(g) Sections 2108, 3502, 7511, and 7512 of title 5

6 do not apply to a person employed under this section.

7 ‘‘(h) Notwithstanding sections 5544(a) and 6101(a) of

8 title 5 or any other provision of law, the Secretary con9 cerned may prescribe the hours of duty for technicians. Not10 withstanding sections 5542 and 5543 of title 5 or any other

11 provision of law, such technicians shall be granted an

12 amount of compensatory time off from their scheduled tour

13 of duty equal to the amount of any time spent by them

14 in irregular or overtime work, and shall not be entitled to

15 compensation for such work.

16 ‘‘(i) The Secretary concerned may not prescribe for

17 purposes of eligibility for Federal recognition under section

18 301 of this title a qualification applicable to technicians

19 employed under subsection (a) that is not applicable pursu20 ant to that section to the other members of the National

21 Guard in the same grade, branch, position, and type of unit

22 or organization involved.’’.

23 SEC. 525. EFFECTIVE DATE.

24 The amendments made by sections 523 and 524 shall

25 take effect 180 days after the date of the receipt by Congress
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1 of the plan required by section 523(d) of the National De2 fense Authorization Act for Fiscal Year 1998 (Public Law

3 105–85; 111 Stat. 1737) or a report by the Secretary of

4 Defense providing an alternative proposal to the plan re5 quired by that section.

6 SEC. 526. SECRETARY OF DEFENSE REVIEW OF ARMY TECH7 NICIAN COSTING PROCESS.

8 (a) REVIEW.—The Secretary of Defense shall review

9 the process used by the Army, including use of the Civilian

10 Manpower Obligation Resources (CMOR) model, to develop

11 estimates of the annual authorizations and appropriations

12 required for civilian personnel of the Department of the

13 Army generally and for National Guard and Army Reserve

14 technicians in particular. Based upon the review, the Sec15 retary shall direct that any appropriate revisions to that

16 process be implemented.

17 (b) PURPOSE OF REVIEW.—The purpose of the review

18 shall be to ensure that the process referred to in subsection

19 (a) does the following:

20 (1) Accurately and fully incorporates all the ac21 tual cost factors for such personnel, including particu22 larly those factors necessary to recruit, train, and sus23 tain a qualified technician workforce.

24 (2) Provides estimates of required annual appro25 priations required to fully fund all the technicians
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1 (both dual status and non-dual status) requested in

2 the President’s budget.

3 (3) Eliminates inaccuracies in the process that

4 compel both the Army Reserve and the Army Na5 tional Guard either (A) to reduce the number of mili6 tary technicians (dual status) below the statutory

7 floors without corresponding force structure reduc8 tions, or (B) to transfer funds from other appropria9 tions simply to provide the required funding for mili10 tary technicians (dual status).

11 (c) REPORT.—The Secretary of Defense shall submit

12 to the Committee on Armed Services of the Senate and the

13 Committee on Armed Services of the House of Representa14 tives a report containing the results of the review under15 taken under this section, together with a description of cor16 rective actions taken and proposed, not later than March

17 31, 2000.

18 SEC. 527. FISCAL YEAR 2000 LIMITATION ON NUMBER OF

19 NON-DUAL STATUS TECHNICIANS.

20 The number of civilian employees who are non-dual

21 status technicians of a reserve component of the Army or

22 Air Force as of September 30, 2000, may not exceed the

23 following:

24 (1) For the Army Reserve, 1,295.
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1 (2) For the Army National Guard of the United

2 States, 1,800.

3 (3) For the Air Force Reserve, 0.

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

5 States, 342.

6 Subtitle D—Service Academies

7 SEC. 531. WAIVER OF REIMBURSEMENT OF EXPENSES FOR

8 INSTRUCTION AT SERVICE ACADEMIES OF

9 PERSONS FROM FOREIGN COUNTRIES.

10 (a) UNITED STATES MILITARY ACADEMY.—Section

11 4344(b)(3) of title 10, United States Code, is amended—

12 (1) by striking ‘‘35 percent’’ and inserting ‘‘50

13 percent’’; and

14 (2) by striking ‘‘five persons’’ and inserting ‘‘20

15 persons’’.

16 (b) NAVAL ACADEMY.—Section 6957(b)(3) of such title

17 is amended—

18 (1) by striking ‘‘35 percent’’ and inserting ‘‘50

19 percent’’; and

20 (2) by striking ‘‘five persons’’ and inserting ‘‘20

21 persons’’.

22 (c) AIR FORCE ACADEMY.—Section 9344(b)(3) of such

23 title is amended—

24 (1) by striking ‘‘35 percent’’ and inserting ‘‘50

25 percent’’; and
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1 (2) by striking ‘‘five persons’’ and inserting ‘‘20

2 persons’’.

3 (d) EFFECTIVE DATE.—The amendments made by this

4 section apply with respect to students from a foreign coun5 try entering the United States Military Academy, the

6 United States Naval Academy, or the United States Air

7 Force Academy on or after May 1, 1999.

8 SEC. 532. COMPLIANCE BY UNITED STATES MILITARY ACAD9 EMY WITH STATUTORY LIMIT ON SIZE OF

10 CORPS OF CADETS.

11 (a) COMPLIANCE REQUIRED.—(1) The Secretary of the

12 Army shall take such action as necessary to ensure that the

13 United States Military Academy is in compliance with the

14 USMA cadet strength limit not later than the day before

15 the last day of the 2001-2001 academic year.

16 (2) The Secretary of the Army may provide for a vari17 ance to the USMA cadet strength limit—

18 (A) as of the day before the last day of the 1999-

19 2000 academic year of not more than 5 percent; and

20 (B) as of the day before the last day of the 2000-

2001 academic year of not more than 21 21 ⁄2 percent.

22 (3) For purposes of this subsection—

23 (A) the USMA cadet strength limit is the max24 imum of 4,000 cadets established for the Corps of Ca25 dets at the United States Military Academy by sec-
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1 tion 511 of the National Defense Authorization Act

2 for Fiscal Years 1992 and 1993 (Public Law 102–

3 190; 10 U.S.C. 4342 note), reenacted in section

4 4342(a) of title 10, United States Code, by the

5 amendment made by subsection (b)(1); and

6 (B) the last day of the 2001–2002 academic year

7 is the day on which the class of 2002 graduates.

8 (b) REENACTMENT OF LIMITATION.—

9 (1) ARMY.—Section 4342 of title 10, United

10 States Code, is amended—

11 (A) in subsection (a), by striking ‘‘is as fol12 lows:’’ in the matter preceding paragraph (1)

13 and inserting ‘‘(determined for any year as of

14 the day before the last day of the academic year)

15 is 4,000. Subject to that limitation, cadets are

16 selected as follows:’’; and

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

18 subsection:

19 ‘‘(i) For purposes of the limitation under subsection

20 (a), the last day of an academic year is graduation day.’’.

21 (2) NAVY.—Section 6954 of such title is

22 amended—

23 (A) by striking the matter preceding para24 graph (1) and inserting the following:
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1 ‘‘(a) The authorized strength of the Brigade of Mid2 shipmen (determined for any year as of the day before the

3 last day of the academic year) is 4,000. Subject to that limi4 tation, midshipmen are selected as follows:’’; and

5 (B) by adding at the end the following new

6 subsection:

7 ‘‘(g) For purposes of the limitation under subsection

8 (a), the last day of an academic year is graduation day.’’.

9 (3) AIR FORCE.—Section 9342 of such title is

10 amended—

11 (A) in subsection (a), by striking ‘‘is as fol12 lows:’’ in the matter preceding paragraph (1)

13 and inserting ‘‘(determined for any year as of

14 the day before the last day of the academic year)

15 is 4,000. Subject to that limitation, Air Force

16 Cadets are selected as follows:’’; and

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

18 subsection:

19 ‘‘(i) For purposes of the limitation under subsection

20 (a), the last day of an academic year is graduation day.’’.

21 (4) CONFORMING REPEAL.—Section 511 of the

22 National Defense Authorization Act for Fiscal Years

23 1992 and 1993 (Public Law 102–190; 10 U.S.C. 4342

24 note) is repealed.
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1 SEC. 533. DEAN OF ACADEMIC BOARD, UNITED STATES

2 MILITARY ACADEMY AND DEAN OF THE FAC3 ULTY, UNITED STATES AIR FORCE ACADEMY.

4 (a) DEAN OF THE ACADEMIC BOARD, USMA.—Section

5 4335 of title 10, United States Code, is amended by adding

6 at the end the following new subsection:

7 ‘‘(c) While serving as Dean of the Academic Board,

8 an officer of the Army who holds a grade lower than briga9 dier general shall hold the grade of brigadier general, if ap10 pointed to that grade by the President, by and with the

11 advice and consent of the Senate. The retirement age of an

12 officer so appointed is that of a permanent professor of the

13 Academy. An officer so appointed is counted for purposes

14 of the limitation in section 526(a) of this title on general

15 officers of the Army on active duty.’’.

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

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

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

19 text of the section; and

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(b) While serving as Dean of the Faculty, an officer

23 of the Air Force who holds a grade lower than brigadier

24 general shall hold the grade of brigadier general, if ap25 pointed to that grade by the President, by and with the

26 advice and consent of the Senate. The retirement age of an
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1 officer so appointed is that of a permanent professor of the

2 Academy An officer so appointed is counted for purposes

3 of the limitation in section 526(a) of this title on general

4 officers of the Air Force on active duty.’’.

5 SEC. 534. EXCLUSION FROM CERTAIN GENERAL AND FLAG

6 OFFICER GRADE STRENGTH LIMITATIONS

7 FOR THE SUPERINTENDENTS OF THE SERV8 ICE ACADEMIES.

9 Section 525(b) of title 10, United States Code, is

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

11 ‘‘(7) An officer of the Army while serving as Super12 intendent of the United States Military Academy, if serving

13 in the grade of lieutenant general, is in addition to the

14 number that would otherwise be permitted for the Army for

15 officers serving on active duty in grades above major gen16 eral under paragraph (1). An officer of the Navy or Marine

17 Corps while serving as Superintendent of the United States

18 Naval Academy, if serving in the grade of vice admiral or

19 lieutenant general, is in addition to the number that would

20 otherwise be permitted for the Navy or Marine Corps, re21 spectively, for officers serving on active duty in grades

22 above major general or rear admiral under paragraph (1)

23 or (2). An officer while serving as Superintendent of the

24 United Air Force Academy, if serving in the grade of lieu25 tenant general, is in addition to the number that would
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1 otherwise be permitted for the Air Force for officers serving

2 on active duty in grades above major general under para3 graph (1).’’.

4 Subtitle E—Education and

5 Training

6 SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE

7 INTERNATIONAL STUDENT PROGRAM AT THE

8 SENIOR MILITARY COLLEGES.

9 (a) IN GENERAL.—(1) Chapter 103 of title 10, United

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

11 new section:

12 ‘‘§ 2111b. Senior military colleges: Department of De13 fense international student program

14 ‘‘(a) PROGRAM REQUIREMENT.—The Secretary of De15 fense shall establish a program to facilitate the enrollment

16 and instruction of persons from foreign countries as inter17 national students at the senior military colleges.

18 ‘‘(b) PURPOSES.—The purposes of the program shall

19 be—

20 ‘‘(1) to provide a high-quality, cost-effective mili21 tary-based educational experience for international

22 students in furtherance of the military-to-military

23 program objectives of the Department of Defense; and

24 ‘‘(2) to enhance the educational experience and

25 preparation of future United States military leaders
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1 through increased, extended interaction with highly

2 qualified potential foreign military leaders.

3 ‘‘(c) COORDINATION WITH THE SENIOR MILITARY COL4 LEGES.—Guidelines for implementation of the program

5 shall be developed in coordination with the senior military

6 colleges.

7 ‘‘(d) RECOMMENDATIONS FOR ADMISSION OF STU8 DENTS UNDER THE PROGRAM.—The Secretary of Defense

9 shall annually identify to the senior military colleges the

10 international students who, based on criteria established by

11 the Secretary, the Secretary recommends be considered for

12 admission under the program. The Secretary shall identify

13 the recommended international students to the senior mili14 tary colleges as early as possible each year to enable those

15 colleges to consider them in a timely manner in their re16 spective admissions processes.

17 ‘‘(e) DOD FINANCIAL SUPPORT.—An international

18 student who is admitted to a senior military college under

19 the program under this section is responsible for the cost

20 of instruction at that college. The Secretary of Defense may,

21 from funds available to the Department of Defense other

22 than funds available for financial assistance under section

23 2107a of this title, provide some or all of the costs of instruc24 tion for any such student.’’.
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1 (2) The table of sections at the beginning of such chap2 ter is amended by adding at the end the following new item:

‘‘2111b. Senior military colleges: Department of Defense international student

program.’’.

3 (b) EFFECTIVE DATE.—The Secretary of Defense shall

4 implement the program under section 2111b of title 10,

5 United States Code, as added by subsection (a), with stu6 dents entering the senior military colleges after May 1,

7 2000.

8 (c) REPEAL OF OBSOLETE PROVISION.—Section

9 2111a(e)(1) of title 10, United States Code, is amended by

10 striking the second sentence.

11 (d) FISCAL YEAR 2000 FUNDING.—Of the amounts

12 made available to the Department of Defense for fiscal year

13 2000 pursuant to section 301, $2,000,000 shall be available

14 for financial support for international students under sec15 tion 2111b of title 10, United States Code, as added by sub16 section (a).

17 SEC. 542. AUTHORITY FOR ARMY WAR COLLEGE TO AWARD

18 DEGREE OF MASTER OF STRATEGIC STUDIES.

19 (a) AUTHORITY.—Chapter 401 of title 10, United

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

21 new section:
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1 § 4321. United States Army War College: master of

2 strategic studies degree

3 ‘‘Under regulations prescribed by the Secretary of the

4 Army, the Commandant of the United States Army War

5 College, upon the recommendation of the faculty and dean

6 of the college, may confer the degree of master of strategic

7 studies upon graduates of the college who have fulfilled the

8 requirements for that degree.’’.

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

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

11 end the following new item:

‘‘4321. United States Army War College: master of strategic studies degree.’’.

12 SEC. 543. AUTHORITY FOR AIR UNIVERSITY TO AWARD

13 GRADUATE-LEVEL DEGREES.

14 (a) IN GENERAL.—Subsection (a) of section 9317 of

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

16 ‘‘(a) AUTHORITY.—Upon recommendation of the fac17 ulty of the appropriate school, the commander of the Air

18 University may confer—

19 ‘‘(1) the degree of master of strategic studies

20 upon graduates of the Air War College who fulfill the

21 requirements for that degree;

22 ‘‘(2) the degree of master of military operational

23 art and science upon graduates of the Air Command

24 and Staff College who fulfill the requirements for that

25 degree; and
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1 ‘‘(3) the degree of master of airpower art and

2 science upon graduates of the School of Advanced Air

3 power Studies who fulfill the requirements for that de4 gree.’’.

5 (b) CLERICAL AMENDMENTS.—(1) The heading for

6 that section is amended to read:

7 ‘‘§ 9317. Air University: graduate-level degrees’’.

8 (2) The item relating to that section in the table of

9 sections at the beginning of chapter 901 of such title is

10 amended to read as follows:

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

11 SEC. 544. CORRECTION OF RESERVE CREDIT FOR PARTICI12 PATION IN HEALTH PROFESSIONAL SCHOL13 ARSHIP AND FINANCIAL ASSISTANCE PRO14 GRAM.

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

16 amended—

17 (1) in paragraph (2)—

18 (A) by striking ‘‘only for’’ and all that fol19 lows through ‘‘Award of’’ and inserting ‘‘only for

20 the award of’’; and

21 (B) by striking subparagraph (B);

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

23 (2)(A), a member’’ and inserting ‘‘paragraph (2), a

24 member who completes a satisfactory year of service

25 in the Selected Reserve’’;
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1 (3) by redesignating paragraph (5) as para2 graph (6); and

3 (4) by inserting after paragraph (4) the fol4 lowing new paragraph (5):

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

6 awarded points or service credit under this subsection

7 shall not be considered to have been in an active sta8 tus, by reason of the award of the points or credit,

9 while pursuing a course of study under this sub10 chapter for purposes of any provision of law other

11 than sections 12732(a) and 12733(3) of this title.’’.

12 SEC. 545. PERMANENT EXPANSION OF ROTC PROGRAM TO

13 INCLUDE GRADUATE STUDENTS.

14 (a) PERMANENT AUTHORITY FOR THE ROTC GRAD15 UATE PROGRAM.—Paragraph (2) of section 2107(c)(2) of

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

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

18 assistance, as described in paragraph (1), to a student en19 rolled in an advanced education program beyond the bacca20 laureate degree level if the student also is a cadet or mid21 shipman in an advanced training program. Not more than

22 15 percent of the total number of scholarships awarded

23 under this section in any year may be awarded under the

24 program.’’.
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1 (b) AUTHORITY TO ENROLL IN ADVANCED TRAINING

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

3 is amended by inserting ‘‘students enrolled in an advanced

4 education program beyond the baccalaureate degree level or

5 to’’ after ‘‘instruction offered in the Senior Reserve Officers’

6 Training Corps to’’.

7 SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOW8 ANCE FOR SENIOR ROTC CADETS SELECTED

9 FOR ADVANCED TRAINING.

10 (a) INCREASE.—Section 209(a) of title 37, United

11 States Code, is amended by striking ‘‘$150 a month’’ and

12 inserting ‘‘$200 a month’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect on October 1, 1999.

15 SEC. 547. CONTINGENT FUNDING INCREASE FOR JUNIOR

16 ROTC PROGRAM.

17 (a) IN GENERAL.—(1) Chapter 102 of title 10, United

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

19 new section:

20 ‘‘§ 2033. Contingent funding increase

21 ‘‘If for any fiscal year the amount appropriated for

22 the National Guard Challenge Program under section 509

23 of title 32 is in excess of $62,500,000, the Secretary of De24 fense shall (notwithstanding any other provision of law)

25 make the amount in excess of $62,500,000 available for the
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1 Junior Reserve Officers’ Training Corps program under

2 section 2031 of this title, and such excess amount may not

3 be used for any other purpose.’’.

4 (2) The table of sections at the beginning of such chap5 ter is amended by adding at the end the following new item:

‘‘2033. Contingent funding increase.’’.

6 (b) EFFECTIVE DATE.—Section 2033 of title 10,

7 United States Code, as added by subsection (a), shall apply

8 only with respect to funds appropriated for fiscal years

9 after fiscal year 1999.

10 SEC. 548. CHANGE FROM ANNUAL TO BIENNIAL REPORTING

11 UNDER THE RESERVE COMPONENT MONT12 GOMERY GI BILL.

13 (a) IN GENERAL.—Section 16137 of title 10, United

14 States Code, is amended to read as follows:

15 ‘‘§ 16137. Biennial report to Congress

16 ‘‘The Secretary of Defense shall submit to Congress a

17 report not later than March 1 of each odd-numbered year

18 concerning the operation of the educational assistance pro19 gram established by this chapter during the preceding two

20 fiscal years. Each such report shall include the number of

21 members of the Selected Reserve of the Ready Reserve of

22 each armed force receiving, and the number entitled to re23 ceive, educational assistance under this chapter during

24 those fiscal years.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 1606 of such title is amended to

3 read as follows:

‘‘16137. Biennial report to Congress.’’.

4 SEC. 549. RECODIFICATION AND CONSOLIDATION OF STAT5 UTES DENYING FEDERAL GRANTS AND CON6 TRACTS BY CERTAIN DEPARTMENTS AND

7 AGENCIES TO INSTITUTIONS OF HIGHER

8 EDUCATION THAT PROHIBIT SENIOR ROTC

9 UNITS OR MILITARY RECRUITING ON CAM10 PUS.

11 (a) RECODIFICATION AND CONSOLIDATION FOR LIMI12 TATIONS ON FEDERAL GRANTS AND CONTRACTS.—(1) Sec13 tion 983 of title 10, United States Code, is amended to read

14 as follows:

15 ‘‘§ 983. Institutions of higher education that prevent

16 ROTC access or military recruiting on

17 campus: denial of grants and contracts

18 from Department of Defense, Department

19 of Education, and certain other depart20 ments and agencies

21 ‘‘(a) DENIAL OF FUNDS FOR PREVENTING ROTC AC22 CESS TO CAMPUS.—No funds described in subsection (d)

23 may be provided by contract or by grant (including a grant

24 of funds to be available for student aid) to a covered edu25 cational entity if the Secretary of Defense determines that
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1 the covered educational entity has a policy or practice (re2 gardless of when implemented) that either prohibits, or in

3 effect prevents—

4 ‘‘(1) the Secretary of a military department from

5 maintaining, establishing, or operating a unit of the

6 Senior Reserve Officer Training Corps (in accordance

7 with section 654 of this title and other applicable

8 Federal laws) at the covered educational entity; or

9 ‘‘(2) a student at the covered educational entity

10 from enrolling in a unit of the Senior Reserve Officer

11 Training Corps at another institution of higher edu12 cation.

13 ‘‘(b) DENIAL OF FUNDS FOR PREVENTING MILITARY

14 RECRUITING ON CAMPUS.—No funds described in sub15 section (d) may be provided by contract or by grant (in16 cluding a grant of funds to be available for student aid)

17 to a covered educational entity if the Secretary of Defense

18 determines that the covered educational entity has a policy

19 or practice (regardless of when implemented) that either

20 prohibits, or in effect prevents—

21 ‘‘(1) the Secretary of a military department from

22 gaining entry to campuses, or access to students (who

23 are 17 years of age or older) on campuses, for pur24 poses of military recruiting; or
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1 ‘‘(2) access by military recruiters for purposes of

2 military recruiting to the following information per3 taining to students (who are 17 years of age or older)

4 enrolled at the covered educational entity:

5 ‘‘(A) Names, addresses, and telephone list6 ings.

7 ‘‘(B) Date and place of birth, levels of edu8 cation, academic majors, degrees received, and

9 the most recent educational institution enrolled

10 in by the student.

11 ‘‘(c) EXCEPTIONS.—The limitation established in sub12 section (a) or (b) shall not apply to a covered educational

13 entity if the Secretary of Defense determines that—

14 ‘‘(1) the covered educational entity has ceased the

15 policy or practice described in that subsection; or

16 ‘‘(2) the institution of higher education involved

17 has a longstanding policy of pacifism based on histor18 ical religious affiliation.

19 ‘‘(d) COVERED FUNDS.—The limitations established in

20 subsections (a) and (b) apply to the following:

21 ‘‘(1) Any funds made available for the Depart22 ment of Defense.

23 ‘‘(2) Any funds made available in a Depart24 ments of Labor, Health and Human Services, and

25 Education, and Related Agencies Appropriations Act.
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1 ‘‘(e) NOTICE OF DETERMINATIONS.—Whenever the

2 Secretary of Defense makes a determination under sub3 section (a), (b), or (c), the Secretary—

4 ‘‘(1) shall transmit a notice of the determination

5 to the Secretary of Education and to Congress; and

6 ‘‘(2) shall publish in the Federal Register a no7 tice of the determination and the effect of the deter8 mination on the eligibility of the covered educational

9 entity for contracts and grants.

10 ‘‘(f) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—

11 The Secretary of Defense shall publish in the Federal Reg12 ister once every six months a list of each covered educational

13 entity that is currently ineligible for contracts and grants

14 by reason of a determination of the Secretary under sub15 section (a) or (b).

16 ‘‘(g) COVERED EDUCATIONAL ENTITY.—In this sec17 tion, the term ‘covered educational entity’ means an institu18 tion of higher education, or a subelement of an institution

19 of higher education.’’.

20 (2) The item relating to section 983 in the table of

21 sections at the beginning of such chapter is amended to read

22 as follows:

‘‘983. Institutions of higher education that prevent ROTC access or military recruiting on campus: denial of grants and contracts from Department of Defense, Department of Education, and certain other departments and agencies.’’.
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1 (b) REPEAL OF CODIFIED PROVISIONS.—The following

2 provisions of law are repealed:

3 (1) Section 558 of the National Defense Author4 ization Act for Fiscal Year 1995 (Public Law 103–

5 337; 10 U.S.C. 503 note).

6 (2) Section 514 of the Departments of Labor,

7 Health and Human Services, and Education, and Re8 lated Agencies Appropriations Act, 1997 (as con9 tained in section 101(e) of division A of Public Law

10 104–208; 110 Stat. 3009–270; 10 U.S.C. 503 note).

11 Subtitle F—Decorations and

12 Awards

13 SEC. 551. WAIVER OF TIME LIMITATIONS FOR AWARD OF

14 CERTAIN DECORATIONS TO CERTAIN PER15 SONS.

16 (a) WAIVER.—Any limitation established by law or

17 policy for the time within which a recommendation for the

18 award of a military decoration or award must be submitted

19 shall not apply to awards of decorations described in this

20 section, the award of each such decoration having been de21 termined by the Secretary of the military department con22 cerned to be warranted in accordance with section 1130 of

23 title 10, United States Code.

24 (b) DISTINGUISHED FLYING CROSS.—Subsection (a)

25 applies to the award of the Distinguished Flying Cross for
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1 service during World War II or Korea (including multiple

2 awards to the same individual) in the case of each indi3 vidual concerning whom the Secretary of the Navy (or an

4 officer of the Navy acting on behalf of the Secretary) sub5 mitted to the Committee on Armed Services of the House

6 of Representatives and the Committee on Armed Services

7 of the Senate, during the period beginning on October 17,

8 1998, and ending on the day before the date of the enact9 ment of this Act, a notice as provided in section 1130(b)

10 of title 10, United States Code, that the award of the Distin11 guished Flying Cross to that individual is warranted and

12 that a waiver of time restrictions prescribed by law for rec13 ommendation for such award is recommended.

14 SEC. 552. SENSE OF CONGRESS CONCERNING PRESI15 DENTIAL UNIT CITATION FOR CREW OF THE

16 U.S.S. INDIANAPOLIS.

17 (a) FINDINGS.—Congress reaffirms the findings made

18 in section 1052(a) of the National Defense Authorization

19 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

20 2844) that the heavy cruiser U.S.S. INDIANAPOLIS (CA–

21 35)—

22 (1) served the people of the United States with

23 valor and distinction throughout World War II in ac24 tion against enemy forces in the Pacific Theater of

25 Operations from December 7, 1941 to July 29, 1945;
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1 (2) with her courageous and capable crew, com2 piled an impressive combat record during the war in

3 the Pacific, receiving in the process 10 battle stars in

4 actions from the Aleutians to Okinawa;

5 (3) rendered invaluable service in anti-shipping,

6 shore bombardment, anti-air, and invasion support

7 roles and serving as flagship for the Fifth Fleet under

8 Admiral Raymond Spruance and flagship for the

9 Third Fleet under Admiral William F. Halsey; and

10 (4) transported the world’s first operational

11 atomic bomb from the United States to the Island of

12 Tinian, accomplishing that mission at a record aver13 age speed of 29 knots.

14 (b) FURTHER FINDINGS.—Congress further finds

15 that—

16 (1) from participation in the earliest offensive

17 actions in the Pacific during World War II to her

18 pivotal role in delivering the weapon that brought the

19 war to an end, the U.S.S. INDIANAPOLIS and her

20 crew left an indelible imprint on the Nation’s struggle

21 to eventual victory in the war in the Pacific; and

22 (2) the selfless, courageous, and outstanding per23 formance of duty by that ship and her crew through24 out the war in the Pacific reflects great credit upon
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1 the ship and her crew, thus upholding the very highest

2 traditions of the United States Navy.

3 (c) SENSE OF CONGRESS.—It is the sense of Congress

4 that the President should award a Presidential Unit Cita5 tion to the crew of the U.S.S. INDIANAPOLIS (CA–35)

6 in recognition of the courage and skill displayed by the

7 members of the crew of that vessel throughout World War

8 II.

9 (2) A citation described in paragraph (1) may be

10 awarded without regard to any provision of law or regula11 tion prescribing a time limitation that is otherwise applica12 ble with respect to recommendation for, or the award of,

13 such a citation.

14 Subtitle G—Other Matters

15 SEC. 561. REVISION IN AUTHORITY TO ORDER RETIRED

16 MEMBERS TO ACTIVE DUTY.

17 (a) PERIOD OF RECALL SERVICE FOR RETIRED MEM18 BERS ORDERED TO ACTIVE DUTY.—Section 688(e) of title

19 10, United States Code, is amended by striking ‘‘for more

20 than 12 months within 24 months’’ and inserting ‘‘for more

21 than 36 months within 48 months’’.

22 (b) LIMITATION ON NUMBER.—Section 690(b)(1) of

23 such title is amended by striking ‘‘Not more than 25 offi24 cers’’ and inserting ‘‘In addition to the officers subject to

25 subsection (a), not more than 150 officers’’.
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1 (c) EXCLUSION FROM LIMITATION OF MEMBERS OF

2 RETIREE COUNCILS.—Section 690(b)(2) of such title is

3 amended by adding at the end the following new subpara4 graph:

5 ‘‘(D) Any officer assigned to duty as a member

6 of the Army, Navy, or Air Force Retiree Council for

7 the period of active duty to which ordered.’’.

8 (d) EXCLUSION FROM LIMITATION OF OFFICERS RE9 CALLED FOR 60 DAYS OR LESS.—Section 690 of such title

10 is further amended—

11 (1) by striking the second sentence of subsection

12 (a);

13 (2) by redesignating subsection (c) as subsection

14 (d); and

15 (3) by inserting after subsection (b) the following

16 new subsection (c):

17 ‘‘(c) EXCLUSION FROM LIMITATIONS OF OFFICERS RE18 CALLED FOR 60 DAYS OR LESS.—A retired officer ordered

19 to active duty for a period of 60 days or less shall not be

20 counted for the purposes of subsection (a) or (b).’’.

21 SEC. 562. TEMPORARY AUTHORITY FOR RECALL OF RE22 TIRED AVIATORS.

23 (a) AUTHORITY.—During the retired aviator recall pe24 riod, the Secretary of a military department may recall to

25 active duty any retired officer having expertise as an avi-
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1 ator to fill staff positions normally filled by active duty

2 aviators. Any such recall may only be with the consent of

3 the officer recalled.

4 (b) LIMITATION.—No more than a total of 500 officers

5 may be on active duty at any time under subsection (a).

6 (c) TERMINATION.—Each officer recalled to active duty

7 under subsection (a) during the retired aviator recall period

8 shall be released from active duty not later than one year

9 after the end of such period.

10 (d) WAIVERS.—Officers recalled to active duty under

11 subsection (a) shall not be counted for purposes of section

12 668 or 690 of title 10, United States Code.

13 (e) RETIRED AVIATOR RECALL PERIOD.—For pur14 poses of this section, the term ‘‘retired aviator recall period’’

15 means the period beginning on October 1, 1999, and ending

16 on September 30, 2002.

17 (f) REPORT.—Not later than March 31, 2002, the Sec18 retary of Defense submit to the Committee on Armed Serv19 ices of the Senate and the Committee on Armed Service of

20 the House of Representatives a report on the use of the au21 thority under this section, together with the Secretary’s rec22 ommendation for extension of that authority.
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1 SEC. 563. SERVICE REVIEW AGENCIES COVERED BY PRO2 FESSIONAL STAFFING REQUIREMENT.

3 Section 1555(c)(2) of title 10, United States Code, is

4 amended by inserting ‘‘the Navy Council of Personnel

5 Boards and’’ after ‘‘Department of the Navy,’’.

6 SEC. 564. CONFORMING AMENDMENT TO AUTHORIZE RE7 SERVE OFFICERS AND RETIRED REGULAR OF8 FICERS TO HOLD A CIVIL OFFICE WHILE

9 SERVING ON ACTIVE DUTY FOR NOT MORE

10 THAN 270 DAYS.

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

12 amended—

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

14 and inserting ‘‘270 days’’; and

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

16 and inserting ‘‘270 days’’.

17 SEC. 565. REVISION TO REQUIREMENT FOR HONOR GUARD

18 DETAILS AT FUNERALS OF VETERANS.

19 (a) COMPOSITION OF HONOR GUARD DETAILS.—Sub20 section (b) of section 1491 of title 10, United States Code,

21 is amended by striking ‘‘consists of’’ and all that follows

22 through the period and inserting ‘‘consists of not less than

23 two persons, who shall, at a minimum, perform a ceremony

24 to fold and present a United States flag to the deceased vet25 eran’s family and who shall (unless a bugler is part of the

26 detail) have the capability to play a recorded version of
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1 Taps. At least one member of an honor guard detail pro2 vided in response to a request to the Department of Defense

3 shall be a member of the same armed force as the deceased

4 veteran.’’.

5 (b) SUPPORT FOR NONGOVERNMENTAL ORGANIZA6 TIONS.—Such section is further amended—

7 (1) by redesignating subsections (d), (e), and (f)

8 as subsections (e), (f), and (h), respectively; and

9 (2) by inserting after subsection (c) the following

10 new subsection (d):

11 ‘‘(d) SUPPORT FOR NONGOVERNMENTAL ORGANIZA12 TIONS.—The Secretary of a military department may pro13 vide material, equipment, and training to support non14 governmental organizations, as necessary for the support of

15 honor guard activities.’’.

16 (c) IMPLEMENTING OSD REGULATIONS.—Subsection

17 (e) of such section, as redesignated by subsection (b)(1), is

18 amended by striking the last two sentences and inserting

19 the following: ‘‘The Secretary shall require that procedures

20 be established by the Secretaries of the military departments

21 for coordinating and responding to requests for honor guard

22 details, for establishing standards and protocols for, re23 sponding to requests for and conducting military funeral

24 honors, and for providing training and quality control.’’.
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1 (d) WAIVER AUTHORITY.—Such section is further

2 amended by inserting after subsection (f), as redesignated

3 by subsection (b)(1), the following new subsection:

4 ‘‘(g) WAIVER AUTHORITY.—(1) The Secretary of De5 fense may waive any of the provisions of this section when

6 the Secretary determines that such a waiver is necessary

7 because of a contingency operation or when the Secretary

8 otherwise considers such a waiver to be necessary to meet

9 military requirements. The authority to make such a waiver

10 may not be delegated to any official of a military depart11 ment other than the Secretary of the military department

12 and may not be delegated within the Office of the Secretary

13 of Defense to an official at a level below Under Secretary

14 of Defense.’’.

15 ‘‘(2) Whenever a waiver is granted under paragraph

16 (1), the Secretary of Defense shall promptly submit notice

17 of the waiver to the Committee on Armed Services of the

18 Senate and the Committee on Armed Services of the House

19 of Representatives.’’.

20 (e) COVERAGE OF CERTAIN RESERVISTS.—Such sec21 tion is further amended by striking the period at the end

22 of subsection (h), as redesignated by subsection (b)(1), and

23 inserting ‘‘and includes a deceased member or former mem24 ber of the Selected Reserve described in section 2301(f) of

25 title 38.’’.
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1 (f) AUTHORITY TO ACCEPT VOLUNTARY SERVICES.—

2 Section 1588(a) of such title is amended by adding at the

3 end the following new paragraph:

4 ‘‘(4) Voluntary services as a member of an honor

5 guard detail under section 1491 of this title.’’.

6 (g) EFFECTIVE DATE.—(1) Section 1491 of title 10,

7 United States Code, as amended by this section, shall apply

8 with respect to funerals of veterans that occur after Decem9 ber 31, 1999.

10 (2) Subsection (a) of such section is amended by strik11 ing ‘‘that occurs after December 31, 1999’’.

12 (h) NATIONAL GUARD FUNERAL HONORS DUTY.—(1)

13 Section 114 of title 32, United States Code, is amended—

14 (A) by striking ‘‘honor guard’’ both places it ap15 pears and inserting ‘‘funeral honors’’; and

16 (B) by striking ‘‘otherwise required’’ and insert17 ing ‘‘, but may be performed as funeral honors duty

18 as prescribed in section 115 of this title’’.

19 (2) Chapter 1 of such title is amended by adding at

20 the end the following new section:

21 ‘‘§ 115. Funeral honors duty performed as a Federal

22 function

23 ‘‘(a) Under regulations prescribed by the Secretary of

24 Defense, a member of the Army National Guard of the

25 United States or the Air National Guard of the United
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1 States may be ordered to funeral honors duty, with the con2 sent of the member, to prepare for or perform funeral honors

3 functions at the funeral of a veteran (as defined in section

4 1491 of title 10).

5 ‘‘(b) A member ordered to funeral honors duty under

6 this section shall be required to perform a minimum of two

7 hours of such duty in order to receive service credit under

8 section 1273(a)(2)(E) of title 10 and compensation under

9 section 435 of title 37 if authorized by the Secretary con10 cerned.

11 ‘‘(c) Funeral honors duty (and travel directly to and

12 from that duty) under this section shall be treated as the

13 equivalent of inactive-duty training (and travel directly to

14 and from that training) for the purposes of this section and

15 the provisions of title 10, title 37, and title 38, including

16 provisions relating to the determination of eligibility for

17 and the receipt of benefits and entitlements provided under

18 those titles for Reserves performing inactive-duty training

19 and for their dependents and survivors, except that a mem20 ber is not entitled by reason of performance of funeral hon21 ors duty to any pay, allowances, or other compensation pro22 vided for in title 37 other than that provided in section

23 435 of that title and in subsection (d).

24 ‘‘(d) A member who performs funeral honors duty

25 under this section is entitled to reimbursement for travel
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1 and transportation expenses incurred in conjunction with

2 such duty as authorized under chapter 7 of title 37, if such

3 duty is performed at a location 50 miles or more from the

4 member’s residence.’’.

5 (3)(A) The heading of section 114 of such title is

6 amended to read as follows:

7 ‘‘§ 114. Funeral honors functions at funerals for vet8 erans’’.

9 (B) The table of sections at the beginning of chapter

10 1 of such title is amended by striking the item relating to

11 section 114 and inserting the following:

‘‘114. Funeral honors functions at funerals for veterans.

‘‘115. Funeral honors duty performed as a Federal function.’’.

12 (i) READY RESERVE FUNERAL HONORS DUTY.—

13 (1)(A) Chapter 1213 of title 10, United States Code, is

14 amended by adding at the end the following new section:

15 ‘‘§ 12503. Ready Reserve: funeral honors duty

16 ‘‘(a) Under regulations prescribed by the Secretary of

17 Defense, a member of the Ready Reserve may be ordered

18 to funeral honors duty, with the consent of the member, in

19 preparation for or to perform funeral honors functions at

20 the funeral of a veteran (as defined in section 1491 of this

21 title). However, a member of the Army National Guard of

22 the United States or the Air National Guard of the United

23 States may not be ordered to perform funeral honors func-
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1 tions under this section without the consent of the Governor

2 or other appropriate authority of the State concerned.

3 ‘‘(b) A member ordered to funeral honors duty under

4 this section shall be required to perform a minimum of two

5 hours of such duty in order to receive service credit under

6 section 12732(a)(2)(E) of this title and compensation under

7 section 435 of title 37 if authorized by the Secretary con8 cerned.

9 ‘‘(c) Funeral honors duty (and travel directly to and

10 from that duty) under this section shall be treated as the

11 equivalent of inactive-duty training (and travel directly to

12 and from that training) for the purposes of this title, title

13 37, and title 38, including provisions relating to the deter14 mination of eligibility for and receipt of benefits and enti15 tlements provided under those titles for Reserves performing

16 inactive-duty training and for their dependents and sur17 vivors, except that a member is not entitled by reason of

18 performance of funeral honors duty to any pay, allowances,

19 or other compensation provided for in title 37 other than

20 that provided in section 435 of that title and in subsection

21 (d).

22 ‘‘(d) A member who performs funeral honors duty

23 under this section is entitled to reimbursement for travel

24 and transportation expenses incurred in conjunction with

25 such duty as authorized under chapter 7 of title 37, if such
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1 duty is performed at a location 50 miles or more from the

2 member’s residence.’’.

3 (B) The table of sections at the beginning of such chap4 ter is amended by adding at the end the following new item:

‘‘12503. Ready Reserve: funeral honors duty.’’.

5 (2)(A) Section 12552 of such title is amended to read

6 as follows:

7 ‘‘§ 12552. Funeral honors functions at funerals for vet8 erans

9 ‘‘Performance by a Reserve of funeral honors functions

10 at the funeral of a veteran (as defined in section 1491 of

11 this title) may not be considered to be a period of drill or

12 training, but may be performed as funeral honors duty

13 under section 12503 of this title.’’.

14 (B) The item relating to such section in the table of

15 sections at the beginning of chapter 1215 of such title is

16 amended to read as follows:

‘‘12552. Funeral honors functions at funerals for veterans.’’.

17 (j) CREDITING FOR RETIREMENT PURPOSES.—Para18 graph (2) of section 12732(a) of title 10, United States

19 Code, is amended—

20 (1) by inserting after subparagraph (D) the fol21 lowing new subparagraph:

22 ‘‘(E) One point for each day in which fu23 neral honors functions were performed under sec-
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1 tion 12503 of this title or section 115 of title

2 32.’’; and

3 (2) by striking ‘‘and (D)’’ in the last sentence of

4 such paragraph and inserting ‘‘(D), and (E)’’.

5 (k) ALLOWANCE FOR FUNERAL HONORS DUTY.—(1)

6 Chapter 7 of title 37, United States Code, is amended by

7 adding at the end the following new section:

8 ‘‘§ 435. Funeral honors duty: flat rate allowance

9 ‘‘(a) ALLOWANCE AUTHORIZED.—Under uniform reg10 ulations prescribed by the Secretary of Defense, a member

11 of the Ready Reserve of an armed force may be paid an

12 allowance of $50, at the discretion of the Secretary con13 cerned, for funeral honors duty performed pursuant to sec14 tion 12305 of title 10 or section 115 of title 32, if the mem15 ber is engaged in the performance of that duty for at least

16 two hours.

17 ‘‘(b) RELATION TO PERFORMANCE OF FUNERAL HON18 ORS DUTY.—The allowance under this section shall con19 stitute the single, flat-rate monetary allowance authorized

20 for the performance of funeral honors duty pursuant to sec21 tion 12503 of title 10 or section 115 of title 32 and shall

22 constitute payment in full to the member, regardless of

23 grade in which serving.’’.

24 (2) The table of sections at the beginning of such chap25 ter is amended by adding at the end the following new item:

‘‘435. Funeral honors duty: flat rate allowance.’’.
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1 SEC. 566. PURPOSE AND FUNDING LIMITATIONS FOR NA2 TIONAL GUARD CHALLENGE PROGRAM.

3 (a) PROGRAM AUTHORITY AND PURPOSE.—Subsection

4 (a) of section 509 of title 32, United States Code, is amend5 ed to read as follows:

6 ‘‘(a) PROGRAM AUTHORITY AND PURPOSE.—The Sec7 retary of Defense, acting through the Chief of the National

8 Guard Bureau, may use the National Guard to conduct a

9 civilian youth opportunities program, to be known as the

10 ‘National Guard Challenge Program’, which shall consist

11 of at least a 22-week residential program and a 12-month

12 post-residential mentoring period. The National Guard

13 Challenge Program shall seek to improve life skills and em14 ployment potential of participants by providing military15 based training and supervised work experience, together

16 with the core program components of assisting participants

17 to receive a high school diploma or its equivalent, leadership

18 development, promoting fellowship and community service,

19 developing life coping skills and job skills, and improving

20 physical fitness and health and hygiene.’’.

21 (b) ANNUAL FUNDING LIMITATION.—Subsection (b) of

22 such section is amended by striking ‘‘$50,000,000’’ and in23 serting ‘‘$62,500,000’’.
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1 SEC. 567. ACCESS TO SECONDARY SCHOOL STUDENTS FOR

2 MILITARY RECRUITING PURPOSES.

3 Section 503 of title 10, United States Code, is amended

4 by adding at the end the following new subsection:

5 ‘‘(c) Each local educational agency is requested to pro6 vide to the Department of Defense, upon a request made

7 for military recruiting purposes, the same access to sec8 ondary school students, and to directory information con9 cerning such students, as is provided generally to post-sec10 ondary educational institutions or to prospective employers

11 of those students.’’.

12 SEC. 568. SURVEY OF MEMBERS LEAVING MILITARY SERV13 ICE ON ATTITUDES TOWARD MILITARY SERV14 ICE.

15 (a) EXIT SURVEY.—The Secretary of Defense shall de16 velop and implement a survey on attitudes toward military

17 service to be completed by all members of the Armed Forces

18 who during the period beginning on January 1, 2000, and

19 ending on June 30, 2000, are discharged or separated from

20 the Armed Forces or transfer from a regular component to

21 a reserve component.

22 (b) MATTERS TO BE COVERED.—The survey shall, at

23 a minimum, cover the following subjects:

24 (1) Reasons for leaving military service.

25 (2) Command climate.
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1 (3) Attitude toward civilian and military leader2 ship.

3 (4) Attitude toward pay and benefits.

4 (5) Job satisfaction.

5 (6) Such other matters as the Secretary deter6 mines appropriate to the survey concerning reasons

7 why military personnel are leaving military service.

8 (c) REPORT TO CONGRESS.—Not later than October 1,

9 2000, the Secretary shall submit to Congress a report con10 taining the results of the survey under subsection (a). The

11 Secretary shall compile the information in the report so as

12 to assist in assessing reasons why military personnel are

13 leaving military service.

14 SEC. 569. IMPROVEMENT IN SYSTEM FOR ASSIGNING PER15 SONNEL TO WARFIGHTING UNITS.

16 (a) REVIEW OF PERSONNEL ASSIGNMENT SYSTEMS.—

17 The Secretary of each military department shall review the

18 military personnel system under that Secretary’s jurisdic19 tion in order to identify those policies that prevent

20 warfighting units from being fully manned.

21 (b) REVISION TO POLICIES.—Following the review

22 under subsection (a), the Secretary shall alter the policies

23 identified in the review with the goal of raising the priority

24 in the personnel system for the assignment of personnel to

25 warfighting units.
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1 (c) REPORT.—Not later than December 31, 2000, the

2 Secretary shall submit to the Committee on Armed Services

3 of the Senate and Committee on Armed Services of the

4 House of Representatives a report on the changes to the

5 military personnel system under that Secretary’s jurisdic6 tion that have been, or will be, adopted under subsection

7 (b).

8 (d) DEFINITION.—For the purposes of this section, the

9 term ‘‘warfighting unit’’ means a battalion, squadron, or

10 vessel that (1) has a combat, combat support, or combat

11 service support mission, and (2) is not considered to be in

12 the supporting establishment for its service.

13 SEC. 570. REQUIREMENT FOR DEPARTMENT OF DEFENSE

14 REGULATIONS TO PROTECT THE CONFIDEN15 TIALITY OF COMMUNICATIONS BETWEEN DE16 PENDENTS AND PROFESSIONALS PROVIDING

17 THERAPEUTIC OR RELATED SERVICES RE18 GARDING SEXUAL OR DOMESTIC ABUSE.

19 (a) IN GENERAL.—(1) Chapter 80 of title 10, United

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

21 new section:
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1 ‘‘§ 1562. Confidentiality of communications between

2 dependents and professionals providing

3 therapeutic or related services regarding

4 sexual or domestic abuse

5 ‘‘(a) REGULATIONS.—The Secretary of Defense shall

6 prescribe in regulations such policies and procedures as the

7 Secretary considers necessary to provide the maximum pos8 sible protection for the confidentiality of communications

9 described in subsection (b) relating to misconduct described

10 in that subsection. Those regulations shall be consistent

11 with—

12 ‘‘(1) the standards of confidentiality and ethical

13 standards issued by relevant professional organiza14 tions;

15 ‘‘(2) applicable requirements of Federal and

16 State law;

17 ‘‘(3) the best interest of victims of sexual harass18 ment, sexual assault, or intrafamily abuse; and

19 ‘‘(4) such other factors as the Secretary, in con20 sultation with the Attorney General, considers appro21 priate.

22 ‘‘(b) COVERED COMMUNICATIONS.—Subsection (a) ap23 plies to communications between—

24 ‘‘(1) a dependent of a member of the armed

25 forces who—
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1 ‘‘(A) is a victim of sexual harassment, sex2 ual assault, or intrafamily abuse; or

3 ‘‘(B) has engaged in such misconduct; and

4 ‘‘(2) a therapist, counselor, advocate, or other

5 professional from whom the dependent seeks profes6 sional services in connection with effects of such mis7 conduct.’’.

8 (2) The table of sections at the beginning of such chap9 ter is amended by adding at the end the following new item:

‘‘1562. Confidentiality of communications between dependents and professionals

providing therapeutic or related services regarding sexual or domestic abuse.’’.

10 (b) GAO STUDY.—(1) The Comptroller General shall

11 study the policies, procedures, and practices of the military

12 departments for protecting the confidentiality of commu13 nications between—

14 (A) a dependent of a member of the Armed

15 Forces who—

16 (i) is a victim of sexual harassment, sexual

17 assault, or intrafamily abuse; or

18 (ii) has engaged in such misconduct; and

19 (B) a therapist, counselor, advocate, or other

20 professional from whom the dependent seeks profes21 sional services in connection with effects of such mis22 conduct.

23 (2) The Comptroller General shall conclude the study

24 and submit to the Secretary of Defense and Congress a re-
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1 port on the results of the study. The report shall be sub2 mitted not later than 180 days after the date of the enact3 ment of this Act.

4 (c) INITIAL REGULATIONS.—The initial regulations

5 under section 1562 of title 10, United States Code, as added

6 by subsection (a), shall be prescribed not later than 90 days

7 after the date on which the Secretary of Defense receives

8 the report of the Comptroller General under subsection (b).

9 In prescribing those regulations, the Secretary shall ensure

10 that those regulations are consistent with the findings of

11 the Comptroller General in that report.

12 TITLE VI—COMPENSATION AND

13 OTHER PERSONNEL BENEFITS

14 Subtitle A—Pay and Allowances

15 SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC

16 PAY AND REFORM OF BASIC PAY RATES.

17 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad18 justment to become effective during fiscal year 2000 re19 quired by section 1009 of title 37, United States Code, in

20 the rates of monthly basic pay authorized members of the

21 uniformed services shall not be made.

22 (b) JANUARY 1, 2000, INCREASE IN BASIC PAY.—Ef23 fective on January 1, 2000, the rates of monthly basic pay

24 for members of the uniformed services are increased by 4.8

25 percent.
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1 (c) REFORM OF BASIC PAY RATES.—Effective on July

2 1, 2000, the rates of monthly basic pay for members of the

3 uniformed services within each pay grade are as follows:

COMMISSIONED OFFICERS 1

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

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00

O–8 .... 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80

O–7 .... 5,479.50 5,851.80 5,851.50 5,894.40 6,114.60

O–6 .... 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40

O–5 .... 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80

O–4 .... 2,737.80 3,333.90 3,556.20 3,606.04 3,812.40

O–3 3 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90

O–2 3 2,218.80 2,527.20 2,910.90 3,000.00 3,071.10

O–1 3 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00

O–8 .... 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10

O–7 .... 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50

O–6 .... 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20

O–5 .... 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00

O–4 .... 3,980.40 4,251.50 4,464.00 4,611.00 4,758.90

O–3 3 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10

O–2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10

O–1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 $0.00 $10,655.10 $10,707.60 $10,930.20 $11,318.40

O–9 .... 0.00 9,319.50 9,453.60 9,647.70 9,986.40

O–8 .... 8,503.80 8,830.20 9,048.00 9,048.00 9,048.00

O–7 .... 7,985.40 7,985.40 7,985.40 7,985.40 8,025.60

O–6 .... 6,086.10 6,381.30 6,549.00 6,719.10 7,049.10

O–5 .... 5,436.00 5,583.60 5,751.90 5,751.90 5,751.90

O–4 .... 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70

O–3 3 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10

O–2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10

O–1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10

1Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned officers in grades 0–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual basic pay for all other officers, including warrant officers, may not exceed the rate

of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint

Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force,

Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is

calculated to be $12,441.00, regardless of cumulative years of service computed under section 205 of

title 37, United States Code. 3This table does not apply to commissioned officers in the grade O–1, O–2, or O–3 who have been

credited with over 4 years of active duty service as an enlisted member or warrant officer.
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COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE

AS AN ENLISTED MEMBER OR WARRANT OFFICER

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

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E $0.00 $0.00 $0.00 $3,364.80 $3,525.90

O–2E 0.00 0.00 0.00 3,009.00 3,071.10

O–1E 0.00 0.00 0.00 2,423.10 2,588.40

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80

O–2E 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20

O–1E 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00

Over 18 Over 20 Over 22 Over 24 Over 26

O–3E $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90

O–2E 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20

O–1E 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00

WARRANT OFFICERS

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

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 ... 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40

W–3 ... 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30

W–2 ... 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10

W–1 ... 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 ... 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60

W–3 ... 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20

W–2 ... 2,555.40 2,852.60 2,749.80 2,844.30 2,949.00

W–1 ... 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 ... $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40

W–4 ... 3,888.00 4,019.00 4,155.60 4,289.70 4,427.10

W–3 ... 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90

W–2 ... 3,058.40 3,163.80 3,270.90 3,378.30 3,378.30

W–1 ... 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90
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ENLISTED MEMBERS 1

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

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00

E–8 .... 0.00 0.00 0.00 0.00 0.00

E–7 .... 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70

E–6 .... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30

E–5 .... 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50

E–4 .... 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90

E–3 .... 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90

E–2 .... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40

E–1 .... 3 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50

E–8 .... 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10

E–7 .... 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00

E–6 .... 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60

E–5 .... 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20

E–4 .... 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90

E–3 .... 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90

E–2 .... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40

E–1 .... 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.80

E–8 .... 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60

E–7 .... 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40

E–6 .... 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70

E–5 .... 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20

E–4 .... 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90

E–3 .... 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90

E–2 .... 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40

E–1 .... 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

1Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members

may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief

Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine

Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $4,701.00, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in the grade E–1 who have served less than 4 months on active duty,

basic pay is $930.30.

1 (d) LIMITATION ON PAY ADJUSTMENTS.—Section

2 1009(a) of title 37, United States Code, is amended—

3 (1) by inserting ‘‘(1)’’ before ‘‘Whenever’’; and

4 (2) by adding at the end the following new para5 graph:

6 ‘‘(2) On and after April 30, 1999, the actual basic pay

7 for commissioned officers in grades 0–7 through O–10 may
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1 not exceed the rate of pay for level III of the Executive

2 Schedule, and the actual basic pay for all other officers and

3 enlisted members may not exceed the rate of pay for level

4 V of the Executive Schedule.’’.

5 SEC. 602. PAY INCREASES FOR FISCAL YEARS AFTER FISCAL

6 YEAR 2000.

7 Effective on October 1, 2000, subsection (c) of section

8 1009 of title 37, United States Code, is amended to read

9 as follows:

10 ‘‘(c) PERCENTAGE INCREASE FOR ALL MEMBERS.—(1)

11 Subject to subsection (d), an adjustment taking effect under

12 this section during a fiscal year shall provide all eligible

13 members with an increase in the monthly basic pay by the

14 percentage equal to the sum of—

15 ‘‘(A) 0.5 percent; plus

16 ‘‘(B) the percentage calculated as provided under

17 section 5303(a) of title 5.

18 ‘‘(2) The calculation required by paragraph (1)(B)

19 shall be made without regard to whether rates of pay under

20 the statutory pay systems (as defined in section 5302 of

21 title 5) are actually increased during that fiscal year under

22 section 5303 of such title by the percentage so calculated.’’.
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1 SEC. 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL

2 YEAR 2000 INCREASE IN BASIC ALLOWANCE

3 FOR HOUSING INSIDE THE UNITED STATES.

4 In addition to the amount determined by the Secretary

5 of Defense under section 403(b)(3) of title 37, United States

6 Code, to be the total amount that may be paid during fiscal

7 year 2000 for the basic allowance for housing for military

8 housing areas inside the United States, $442,500,000 of the

9 amount authorized to be appropriated by section 421 for

10 military personnel shall be used by the Secretary to further

11 increase the total amount available for the basic allowance

12 for housing for military housing areas inside the United

13 States.

14 Subtitle B—Bonuses and Special

15 and Incentive Pays

16 SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL

17 PAY AUTHORITIES FOR RESERVE FORCES.

18 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

19 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

20 302g(f) of title 37, United States Code, is amended by strik21 ing ‘‘December 31, 1999’’ and inserting ‘‘December 31,

22 2000’’.

23 (b) SELECTED RESERVE REENLISTMENT BONUS.—

24 Section 308b(f) of such title is amended by striking ‘‘Decem25 ber 31, 1999’’ and inserting ‘‘December 31, 2000’’.
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1 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec2 tion 308c(e) of such title is amended by striking ‘‘December

3 31, 1999’’ and inserting ‘‘December 31, 2000’’.

4 (d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

5 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of

6 such title is amended by striking ‘‘December 31, 1999’’ and

7 inserting ‘‘December 31, 2000’’.

8 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec9 tion 308e(e) of such title is amended by striking ‘‘December

10 31, 1999’’ and inserting ‘‘December 31, 2000’’.

11 (f) READY RESERVE ENLISTMENT AND REENLISTMENT

12 BONUS.—Section 308h(g) of such title is amended by strik13 ing ‘‘December 31, 1999’’ and inserting ‘‘December 31,

14 2000’’.

15 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

16 308i(f) of such title is amended by striking ‘‘December 31,

17 1999’’ and inserting ‘‘December 31, 2000’’.

18 (h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

19 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

20 RESERVE.—Section 16302(d) of title 10, United States

21 Code, is amended by striking ‘‘January 1, 2000’’ and in22 serting ‘‘January 1, 2001’’.
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1 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

2 PAY AUTHORITIES FOR NURSE OFFICER CAN3 DIDATES, REGISTERED NURSES, AND NURSE

4 ANESTHETISTS.

5 (a) NURSE OFFICER CANDIDATE ACCESSION PRO6 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

7 is amended by striking ‘‘December 31, 1999’’ and inserting

8 ‘‘December 31, 2000’’.

9 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

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

11 amended by striking ‘‘December 31, 1999’’ and inserting

12 ‘‘December 31, 2000’’.

13 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES14 THETISTS.—Section 302e(a)(1) of title 37, United States

15 Code, is amended by striking ‘‘December 31, 1999’’ and in16 serting ‘‘December 31, 2000’’.

17 SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAY18 MENT OF OTHER BONUSES AND SPECIAL

19 PAYS.

20 (a) AVIATION OFFICER RETENTION BONUS.—Section

21 301b(a) of title 37, United States Code, is amended by strik22 ing ‘‘December 31, 1999,’’ and inserting ‘‘December 31,

23 2000,’’.

24 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

25 Section 308(g) of such title is amended by striking ‘‘Decem26 ber 31, 1999’’ and inserting ‘‘December 31, 2000’’.
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1 (c) ENLISTMENT BONUS FOR PERSONS WITH CRIT2 ICAL SKILLS.—Section 308a(d) of such title, as redesig3 nated by section 618(b), is amended by striking ‘‘December

4 31, 1999’’ and inserting ‘‘December 31, 2000’’.

5 (d) ARMY ENLISTMENT BONUS.—Section 308f(c) of

6 such title is amended by striking ‘‘December 31, 1999’’ and

7 inserting ‘‘December 31, 2000’’.

8 (e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

9 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

10 of such title is amended by striking ‘‘December 31, 1999’’

11 and inserting ‘‘December 31, 2000’’.

12 (f) NUCLEAR CAREER ACCESSION BONUS.—Section

13 312b(c) of such title is amended by striking ‘‘December 31,

14 1999’’ and inserting ‘‘December 31, 2000’’.

15 (g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

16 Section 312c(d) of such title is amended by striking ‘‘Octo17 ber 1, 1998,’’ and all that follows through the period at the

18 end and inserting ‘‘December 31, 2000.’’.

19 SEC. 614. AVIATION CAREER INCENTIVE PAY FOR AIR BAT20 TLE MANAGERS.

21 (a) AVAILABILITY OF INCENTIVE PAY.—Section

22 301a(b) of title 37, United States Code is amended by add23 ing at the end the following new paragraph:

24 ‘‘(4) An officer serving as an air battle manager who

25 is entitled to aviation career incentive pay under this sec-
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1 tion and who, before becoming entitled to aviation career

2 incentive pay, was entitled to incentive pay under section

3 301(a)(11) of this title, is entitled to monthly incentive pay

4 at a rate equal to the greater of the following:

5 ‘‘(A) The rate applicable under this subsection.

6 ‘‘(B) The rate at which the member was receiv7 ing incentive pay under section 301(c)(2)(A) of this

8 title immediately before the member’s entitlement to

9 aviation career incentive pay under this section.’’.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect on the first day of the first

12 month that begins on or after the date of the enactment of

13 this Act.

14 SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL

15 PAY TO AVIATION CAREER OFFICERS EX16 TENDING PERIOD OF ACTIVE DUTY.

17 (a) ELIGIBILITY CRITERIA.—Subsection (b) of section

18 301b of title 37, United States Code, is amended—

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

20 (2) in paragraph (3), by striking ‘‘grade O–6’’

21 and inserting ‘‘grade O–7’’;

22 (3) by inserting ‘‘and’’ at the end of paragraph

23 (4); and

24 (4) by redesignating paragraphs (3), (4), and (6)

25 as paragraphs (2), (3), and (4), respectively.
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1 (b) AMOUNT OF BONUS.—Subsection (c) of such section

2 is amended by striking ‘‘than—’’ and all that follows

3 through the period at the end and inserting ‘‘than $25,000

4 for each year covered by the written agreement to remain

5 on active duty.’’.

6 (c) PRORATION AUTHORITY FOR COVERAGE OF IN7 CREASED PERIOD OF ELIGIBILITY.—Subsection (d) of such

8 section is amended by striking ‘‘14 years of commissioned

9 service’’ and inserting ‘‘25 years of aviation service’’.

10 (d) REPEAL OF CONTENT REQUIREMENTS FOR AN11 NUAL REPORT.—Subsection (i)(1) of such section is amend12 ed by striking the second sentence.

13 (e) DEFINITIONS REGARDING AVIATION SPECIALTY.—

14 Subsection (j) of such section is amended—

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

16 (2) by redesignating paragraph (4) as para17 graph (2).

18 (f) TECHNICAL AMENDMENT.—Subsection (g)(3) of

19 such section if amended by striking the second sentence.

20 (g) EFFECTIVE DATE.—The amendments made by this

21 section shall take effect on the first day of the first month

22 that begins on or after the date of the enactment of this

23 Act.
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1 SEC. 616. DIVING DUTY SPECIAL PAY.

2 (a) INCREASE IN PAYMENT AMOUNT.—Subsection (b)

3 of section 304 of title 37, United States Code, is amended—

4 (1) by striking ‘‘$200’’ and inserting ‘‘$240’’;

5 and

6 (2) by striking ‘‘$300’’ and inserting ‘‘$340’’.

7 (b) RELATION TO HAZARDOUS DUTY INCENTIVE

8 PAY.—Subsection (c) of such section 304 is amended to read

9 as follows:

10 ‘‘(c) If, in addition to diving duty, a member is as11 signed by orders to one or more hazardous duties described

12 in section 301 of this title, the member may be paid, for

13 the same period of service, special pay under this section

14 and incentive pay under such section 301 for each haz15 ardous duty for which the member is qualified.’’.

16 (c) EFFECTIVE DATE.—The amendments made by this

17 section shall take effect on the first day of the first month

18 that begins on or after the date of the enactment of this

19 Act.

20 SEC. 617. REENLISTMENT BONUS.

21 (a) MINIMUM MONTHS OF ACTIVE DUTY.—Subsection

22 (a)(1)(A) of section 308 of title 37, United States Code, is

23 amended by striking ‘‘twenty-one months’’ and inserting

24 ‘‘17 months’’.

25 (b) AMOUNT OF BONUS.—Subsection (a)(2) of such sec26 tion is amended—
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1 (1) in subparagraph (A)(i), by striking ‘‘ten’’

2 and inserting ‘‘15’’; and

3 (2) in subparagraph (B), by striking ‘‘$45,000’’

4 and inserting ‘‘$60,000’’.

5 SEC. 618. ENLISTMENT BONUS.

6 (a) INCREASE IN BONUS AMOUNT.—Subsection (a) of

7 section 308a of title 37, United States Code, is amended

8 by striking ‘‘$12,000’’ and inserting ‘‘$20,000’’.

9 (b) PAYMENT METHODS.—Such section is further

10 amended—

11 (1) in subsection (a), by striking the second sen12 tence;

13 (2) by redesignating subsections (b) and (c) as

14 subsections (c) and (d); and

15 (3) by inserting after subsection (a) the following

16 new subsection:

17 ‘‘(b) PAYMENT METHODS.—A bonus under this section

18 may be paid in a single lump sum, or in periodic install19 ments, to provide an extra incentive for a member to suc20 cessfully complete the training necessary for the member to

21 be technically qualified in the skill for which the bonus is

22 paid.’’.

23 (c) STYLISTIC AMENDMENTS.—Such section is further

24 amended—
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1 (1) in subsection (a), by inserting ‘‘BONUS AU2 THORIZED; BONUS AMOUNT.—’’ after ‘‘(a)’’;

3 (2) in subsection (c), as redesignated by sub4 section (b)(2) of this section, by inserting ‘‘REPAY5 MENT OF BONUS.—’’ after ‘‘(c)’’; and

6 (3) in subsection (d), as redesignated by sub7 section (b)(2) of this section, by inserting ‘‘TERMI8 NATION OF AUTHORITY.—’’ after ‘‘(d)’’.

9 SEC. 619. REVISED ELIGIBILITY REQUIREMENTS FOR RE10 SERVE COMPONENT PRIOR SERVICE ENLIST11 MENT BONUS.

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

13 States Code, is amended to read as follows:

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

15 a person who meets each of the following requirements:

16 ‘‘(A) The person has completed a military service

17 obligation, but has less than 14 years of total military

18 service, and received an honorable discharge at the

19 conclusion of that military service obligation.

20 ‘‘(B) The person was not released, or is not being

21 released, from active service for the purpose of enlist22 ment in a reserve component.

23 ‘‘(C) The person is projected to occupy, or is oc24 cupying, a position as a member of the Selected Re25 serve in a specialty in which the person—
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1 ‘‘(i) successfully served while a member on

2 active duty and attained a level of qualification

3 while on active duty commensurate with the

4 grade and years of service of the member; or

5 ‘‘(ii) has completed training or retraining

6 in the specialty skill that is designated as criti7 cally short and attained a level of qualification

8 in the specialty skill that is commensurate with

9 the grade and years of service of the member.

10 ‘‘(D) The person has not previously been

11 paid a bonus (except under this section) for en12 listment, reenlistment, or extension of enlistment

13 in a reserve component.’’.

14 SEC. 620. INCREASE IN SPECIAL PAY AND BONUSES FOR

15 NUCLEAR-QUALIFIED OFFICERS.

16 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

17 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(a)

18 of title 37, United States Code, is amended by striking

19 ‘‘$15,000’’ and inserting ‘‘$25,000’’.

20 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

21 312b(a)(1) of such title is amended by striking ‘‘$10,000’’

22 and inserting ‘‘$20,000’’.

23 (c) NUCLEAR CAREER ANNUAL INCENTIVE BO24 NUSES.—Section 312c of such title is amended—
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1 (1) in subsection (a)(1), by striking ‘‘$12,000’’

2 and inserting ‘‘$22,000’’; and

3 (2) in subsection (b)(1), by striking ‘‘$5,500’’

4 and inserting ‘‘$10,000’’.

5 (d) EFFECTIVE DATE.—(1) The amendments made by

6 this section shall take effect on October 1, 1999.

7 (2) The amendments made by subsections (a) and (b)

8 shall apply with respect to agreements accepted under sec9 tion 312(a) and 312b(a), respectively, of title 37, United

10 States Code, on or after October 1, 1999.

11 (3) The amendments made by subsection (c) shall

12 apply with respect to nuclear service years beginning on

13 or after October 1, 1999.

14 SEC. 621. INCREASE IN AUTHORIZED MONTHLY RATE OF

15 FOREIGN LANGUAGE PROFICIENCY PAY.

16 (a) INCREASE.—Section 316(b) of title 37, United

17 States Code, is amended by striking ‘‘$100’’ and inserting

18 ‘‘$300’’.

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on the first day of the first

21 month that begins on or after the date of the enactment of

22 this Act.
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1 SEC. 622. AUTHORIZATION OF RETENTION BONUS FOR SPE2 CIAL WARFARE OFFICERS EXTENDING PERI3 ODS OF ACTIVE DUTY.

4 (a) BONUS AUTHORIZED.—Chapter 5 of title 37,

5 United States Code, is amended by adding at the end the

6 following new section:

7 ‘‘§ 318. Special pay: special warfare officers extending

8 period of active duty

9 ‘‘(a) SPECIAL WARFARE OFFICER DEFINED.—In this

10 section, the term ‘special warfare officer’ means an officer

11 of a uniformed service who—

12 ‘‘(1) is qualified for a military occupational spe13 cialty or designator identified by the Secretary con14 cerned as a special warfare military occupational

15 specialty or designator; and

16 ‘‘(2) is serving in a position for which that specialty

17 or designator is authorized.

18 ‘‘(b) RETENTION BONUS AUTHORIZED.—A special

19 warfare officer who meets the eligibility requirements speci20 fied in subsection (c) and who executes a written agreement,

21 on or after October 1, 1999, to remain on active duty in

22 special warfare service for at least one year may, upon the

23 acceptance of the agreement by the Secretary concerned, be

24 paid a retention bonus as provided in this section.
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1 ‘‘(c) ELIGIBLE OFFICERS.—A special warfare officer

2 may apply to enter into an agreement referred to in sub3 section (b) if the officer—

4 ‘‘(1) is in pay grade O–3, or is in pay grade O–

5 4 and is not on a list of officers recommended for pro6 motion, at the time the officer applies to enter into

7 the agreement;

8 ‘‘(2) has completed at least 6, but not more than

9 14, years of active commissioned service; and

10 ‘‘(3) has completed any service commitment in11 curred to be commissioned as an officer.

12 ‘‘(d) AMOUNT OF BONUS.—The amount of a retention

13 bonus paid under this section may not be more than

14 $15,000 for each year covered by the agreement.

15 ‘‘(e) PRORATION.—The term of an agreement under

16 subsection (b) and the amount of the retention bonus pay17 able under subsection (d) may be prorated as long as the

18 agreement does not extend beyond the date on which the

19 officer executing the agreement would complete 14 years of

20 active commissioned service.

21 ‘‘(f) PAYMENT METHODS.—(1) Upon acceptance of an

22 agreement under subsection (b) by the Secretary concerned,

23 the total amount payable pursuant to the agreement be24 comes fixed.
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1 ‘‘(2) The amount of the retention bonus may be paid

2 as follows:

3 ‘‘(A) At the time the agreement is accepted by

4 the Secretary concerned, the Secretary may make a

5 lump sum payment equal to half the total amount

6 payable under the agreement. The balance of the

7 bonus amount shall be paid in equal annual install8 ments on the anniversary of the acceptance of the

9 agreement.

10 ‘‘(B) The Secretary concerned may make grad11 uated annual payments under regulations prescribed

12 by the Secretary, with the first payment being pay13 able at the time the agreement is accepted by the Sec14 retary and subsequent payments being payable on the

15 anniversary of the acceptance of the agreement.

16 ‘‘(g) ADDITIONAL PAY.—A retention bonus paid under

17 this section is in addition to any other pay and allowances

18 to which an officer is entitled.

19 ‘‘(h) REPAYMENT.—(1) If an officer who has entered

20 into an agreement under subsection (b) and has received

21 all or part of a retention bonus under this section fails to

22 complete the total period of active duty in special warfare

23 service as specified in the agreement, the Secretary con24 cerned may require the officer to repay the United States,

25 on a pro rata basis and to the extent that the Secretary
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1 determines conditions and circumstances warrant, all sums

2 paid the officer under this section.

3 ‘‘(2) An obligation to repay the United States imposed

4 under paragraph (1) is for all purposes a debt owed to the

5 United States.

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

7 entered less than five years after the termination of an

8 agreement entered into under subsection (a) does not dis9 charge the officer signing the agreement from a debt arising

10 under such agreement or under paragraph (1).

11 ‘‘(i) REGULATIONS.—The Secretaries concerned shall

12 prescribe regulations to carry out this section, including the

13 definition of the term ‘special warfare service’ for purposes

14 of this section. Regulations prescribed by the Secretary of

15 a military department under this section shall be subject

16 to the approval of the Secretary of Defense.’’.

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

18 the beginning of chapter 5 of title 37, United States Code

19 is amended by adding at the end the following new item:

‘‘318. Special pay: special warfare officers extending period of active duty.’’.

20 SEC. 623. AUTHORIZATION OF SURFACE WARFARE OFFICER

21 CONTINUATION PAY.

22 (a) INCENTIVE PAY AUTHORIZED.—Chapter 5 of title

23 37, United States Code, is amended by inserting after sec24 tion 318, as added by section 622, the following new section:
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1 ‘‘§ 319. Special pay: surface warfare officer continu2 ation pay

3 ‘‘(a) ELIGIBLE SURFACE WARFARE OFFICER DE4 FINED.—In this section, the term ‘eligible surface warfare

5 officer’ means an officer of the Regular Navy or Naval Re6 serve on active duty who—

7 ‘‘(1) is qualified and serving as a surface war8 fare officer;

9 ‘‘(2) has been selected for assignment as a de10 partment head on a surface vessel; and

11 ‘‘(3) has completed any service commitment in12 curred through the officer’s original commissioning

13 program.

14 ‘‘(b) SPECIAL PAY AUTHORIZED.—An eligible surface

15 warfare officer who executes a written agreement, on or

16 after October 1, 1999, to remain on active duty to complete

17 one or more tours of duty to which the officer may be or18 dered as a department head on a surface ship may, upon

19 the acceptance of the agreement by the Secretary of the

20 Navy, be paid an amount not to exceed $50,000.

21 ‘‘(c) PRORATION.—The term of the written agreement

22 under subsection (b) and the amount payable under the

23 agreement may be prorated.

24 ‘‘(d) PAYMENT METHODS.—Upon acceptance of the

25 written agreement under subsection (b) by the Secretary of

26 the Navy, the total amount payable pursuant to the agree-
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1 ment becomes fixed. The Secretary shall prepare an imple2 mentation plan specifying the amount of each installment

3 payment under the agreement and the times for payment

4 of the installments.

5 ‘‘(e) 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 ‘‘(f) REPAYMENT.—(1) If an officer who has entered

9 into a written agreement under subsection (b) and has re10 ceived all or part of the amount payable under the agree11 ment fails to complete the total period of active duty as

12 a department head on a surface ship specified in the agree13 ment, the Secretary of the Navy may require the officer to

14 repay the United States, to the extent that the Secretary

15 of the Navy determines conditions and circumstances war16 rant, any or all sums paid under this section.

17 ‘‘(2) An obligation to repay the United States imposed

18 under paragraph (1) is for all purposes a debt owned to

19 the United States.

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

21 entered less than five years after the termination of an

22 agreement entered into under subsection (b) does not dis23 charge the officer signing the agreement from a debt arising

24 under such agreement or under paragraph (1).
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1 ‘‘(g) REGULATIONS.—The Secretary of the Navy shall

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

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

4 the beginning of chapter 5 of title 37, United States Code,

5 is amended by inserting after the item relating to section

6 318 the following new item:

‘‘319. Special pay: surface warfare officer continuation pay.’’.

7 SEC. 624. AUTHORIZATION OF CAREER ENLISTED FLYER IN8 CENTIVE PAY.

9 (a) INCENTIVE PAY AUTHORIZED.—Chapter 5 of title

10 37, United States Code, is amended by inserting after sec11 tion 319, as added by section 623, the following new section:

12 ‘‘§ 320. Incentive pay: career enlisted flyers

13 ‘‘(a) ELIGIBLE CAREER ENLISTED FLYER DEFINED.—

14 In this section, the term ‘eligible career enlisted flyer’ means

15 an enlisted member of the armed forces who—

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

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

18 of this title as described in subsection (e) of this sec19 tion;

20 ‘‘(2) holds an enlisted military occupational spe21 cialty or enlisted military rating designated as a ca22 reer enlisted flyer specialty or rating by the Secretary

23 concerned, performs duty as a dropsonde system oper24 ator, or is in training leading to qualification and
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1 designation of such a specialty or rating or the per2 formance of such duty;

3 ‘‘(3) is qualified for aviation service under regu4 lations prescribed by the Secretary concerned; and

5 ‘‘(4) satisfies the operational flying duty require6 ments applicable under subsection (c).

7 ‘‘(b) INCENTIVE PAY AUTHORIZED.—(1) The Secretary

8 concerned may pay monthly incentive pay to an eligible

9 career enlisted flyer in an amount not to exceed the monthly

10 maximum amounts specified in subsection (d). The incen11 tive pay may be paid as continuous monthly incentive pay

12 or on a month-to-month basis, dependent upon the oper13 ational flying duty performed by the eligible career enlisted

14 flyer as prescribed in subsection (c).

15 ‘‘(2) Continuous monthly incentive pay may not be

16 paid to an eligible career enlisted flyer after the member

17 completes 25 years of aviation service. Thereafter, an eligi18 ble career enlisted flyer may still receive incentive pay on

19 a month-to-month basis under subsection (c)(4) for the fre20 quent and regular performance of operational flying duty.

21 ‘‘(c) OPERATIONAL FLYING DUTY REQUIREMENTS.—

22 (1) An eligible career enlisted flyer must perform oper23 ational flying duties for 6 of the first 10, 9 of the first 15,

24 and 14 of the first 20 years of aviation service, to be eligible

25 for continuous monthly incentive pay under this section.
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1 ‘‘(2) Upon completion of 10, 15, or 20 years of avia2 tion service, an enlisted member who has not performed the

3 minimum required operational flying duties specified in

4 paragraph (1) during the prescribed period, although other5 wise meeting the definition in subsection (a), may no longer

6 be paid continuous monthly incentive pay except as pro7 vided in paragraph (3). Payment of continuous monthly

8 incentive pay if the member meets the minimum oper9 ational flying duty requirement upon completion of the next

10 established period of aviation service.

11 ‘‘(3) For the needs of the service, the Secretary con12 cerned may permit, on a case-by-case basis, a member to

13 continue to receive continuous monthly incentive pay de14 spite the member’s failure to perform the operational flying

15 duty required during the first 10, 15, or 20 years of avia16 tion service, but only if the member otherwise meets the defi17 nition in subsection (a) and has performed at least 5 years

18 of operational flying duties during the first 10 years of

19 aviation service, 8 years of operational flying duties during

20 the first 15 years of aviation service, or 12 years of oper21 ational flying duty during the first 20 years of aviation

22 service. The authority of the Secretary concerned under this

23 paragraph may not be delegated below the level of the Serv24 ice Personnel Chief.
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1 ‘‘(4) If the eligibility of an eligible career enlisted flyer

2 to continuous monthly incentive pay ceases under sub3 section (b)(2) or paragraph (2), the member may still re4 ceive month-to-month incentive pay for subsequent frequent

5 and regular performance of operational flying duty. The

6 rate payable is the same rate authorized by the Secretary

7 concerned under subsection (d) for a member of cor8 responding years of aviation service.

9 ‘‘(d) MONTHLY MAXIMUM INCENTIVE PAY.—The

10 monthly rate for incentive pay under this section may not

11 exceed the amounts specified in the following table for the

12 applicable years of aviation service:

Monthly

‘‘Years of aviation service: rate

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

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

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

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

13 ‘‘(e) ELIGIBILITY OF RESERVE COMPONENT MEMBERS

14 WHEN PERFORMING INACTIVE DUTY TRAINING.—Under

15 regulations prescribed by the Secretary concerned, when a

16 member of a reserve component or the National Guard, who

17 is entitled to compensation under section 206 of this title,

18 meets the definition of eligible career enlisted flyer, the Sec19 retary concerned may increase the member’s compensation

by an amount equal to 1 20 ⁄30 of the monthly incentive pay

21 authorized by the Secretary concerned under subsection (d)

22 for a member of corresponding years of aviation service who
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1 is entitled to basic pay under section 204 of this title. The

2 reserve component member may receive the increase for as

3 long as the member is qualified for it, for each regular pe4 riod of instruction or period of appropriate duty, at which

5 the member is engaged for at least two hours, or for the

6 performance of such other equivalent training, instruction,

7 duty or appropriate duties, as the Secretary may prescribe

8 under section 206(a) of this title.

9 ‘‘(f) RELATION TO HAZARDOUS DUTY INCENTIVE PAY

10 OR DIVING DUTY SPECIAL PAY.—A member receiving spe11 cial pay under section 301(a) or 304 of this title may not

12 be paid incentive pay under this section for the same period

13 of service.

14 ‘‘(g) SAVE PAY PROVISION.—If, immediately before a

15 member receives incentive pay under this section, the mem16 ber was entitled to incentive pay under section 301(a) of

17 this title, the rate at which the member is paid incentive

18 pay under this section shall be equal to the higher of the

19 monthly amount applicable under subsection (d) or the rate

20 of incentive pay the member was receiving under subsection

21 (b) or (c)(2)(A) of section 301 of this title.

22 ‘‘(h) SPECIALTY CODE OF DROPSONDE SYSTEM OPER23 ATORS.—Within the Air Force, the Secretary of the Air

24 Force shall assign to members who are dropsonde system
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1 operators a specialty code that identifies such members as

2 serving in a weather specialty.

3 ‘‘(i) DEFINITIONS.—In this section:

4 ‘‘(1) The term ‘aviation service’ means partici5 pation in aerial flight performed, under regulations

6 prescribed by the Secretary concerned, by an eligible

7 career enlisted flyer.

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

9 flying performed under competent orders while serv10 ing in assignments, including an assignment as a

11 dropsonde system operator, in which basic flying

12 skills normally are maintained in the performance of

13 assigned duties as determined by the Secretary con14 cerned, and flying duty performed by members in

15 training that leads to the award of an enlisted avia16 tion rating or military occupational specialty des17 ignated as a career enlisted flyer rating or specialty

18 by the Secretary concerned.’’.

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

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

21 is amended by inserting after the item relating to section

22 319 the following new item:

‘‘320. Incentive pay: career enlisted flyers.’’.
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1 SEC. 625. AUTHORIZATION OF JUDGE ADVOCATE CONTINU2 ATION PAY.

3 (a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of

4 title 37, United States Code, is amended by inserting after

5 section 320, as added by section 624, the following new sec6 tion:

7 ‘‘§ 321. Special pay: judge advocate continuation pay

8 ‘‘(a) ELIGIBLE JUDGE ADVOCATE DEFINED.—In this

9 section, the term ‘eligible judge advocate’ means an officer

10 of the armed forces on full-time active duty who—

11 ‘‘(1) is qualified and serving as a judge advocate,

12 as defined in section 801 of title 10; and

13 ‘‘(2) has completed any service commitment in14 curred through the officer’s original commissioning

15 program.

16 ‘‘(b) SPECIAL PAY AUTHORIZED.—An eligible judge

17 advocate who executes a written agreement, on or after Oc18 tober 1, 1999, to remain on active duty for a period of obli19 gated service specified in the agreement may, upon the ac20 ceptance of the agreement by the Secretary concerned, be

21 paid an amount not to exceed $60,000.

22 ‘‘(c) PRORATION.—The term of the written agreement

23 under subsection (b) and the amount payable under the

24 agreement may be prorated.

25 ‘‘(d) PAYMENT METHODS.—Upon acceptance of the

26 written agreement under subsection (b) by the Secretary
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1 concerned, the total amount payable pursuant to the agree2 ment becomes fixed. The Secretary shall prepare an imple3 mentation plan specifying the amount of each installment

4 payment under the agreement and the times for payment

5 of the installments.

6 ‘‘(e) 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 ‘‘(f) REPAYMENT.—(1) If an officer who has entered

10 into a written agreement under subsection (b) and has re11 ceived all or part of the amount payable under the agree12 ment fails to complete the total period of active duty speci13 fied in the agreement, the Secretary concerned may require

14 the officer to repay the United States, to the extent that

15 the Secretary determines conditions and circumstances

16 warrant, any or all sums paid under this section.

17 ‘‘(2) An obligation to repay the United States imposed

18 under paragraph (1) is for all purposes a debt owned to

19 the United States.

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

21 entered less than five years after the termination of an

22 agreement entered into under subsection (b) does not dis23 charge the officer signing the agreement from a debt arising

24 under such agreement or under paragraph (1).
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1 ‘‘(g) REGULATIONS.—The Secretary concerned shall

2 prescribe regulations to carry out this section.’’

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

4 5 of title 37, United States Code, is amended by inserting

5 after the item relating to section 320 the following new item:

‘‘321. Special pay: judge advocate continuation pay.’’.

6 (b) STUDY AND REPORT ON ADDITIONAL RECRUIT7 MENT AND RETENTION INITIATIVES.—(1) The Secretary of

8 Defense shall conduct a study regarding the need for addi9 tional incentives to improve the recruitment and retention

10 of judge advocates for the Armed Forces. At a minimum,

11 the Secretary shall consider as possible incentives construc12 tive service credit for basic pay, educational loan repay13 ment, and Federal student loan relief.

14 (2) Not later than March 31, 2000, the Secretary shall

15 submit to Congress a report containing the findings and

16 recommendations resulting from the study.

17 Subtitle C—Travel and

18 Transportation Allowances

19 SEC. 631. PROVISION OF LODGING IN KIND FOR RESERV20 ISTS PERFORMING TRAINING DUTY AND NOT

21 OTHERWISE ENTITLED TO TRAVEL AND

22 TRANSPORTATION ALLOWANCES.

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

24 amended—
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1 (1) in paragraph (1), by adding at the end the

2 following new sentence: ‘‘If transient government

3 housing is unavailable, the Secretary concerned may

4 provide the member with lodging in kind in the same

5 manner as members entitled to such allowances under

6 subsection (a).’’; and

7 (2) in paragraph (3)—

8 (A) by inserting after ‘‘paragraph (1)’’ the

9 following: ‘‘and expenses of providing lodging in

10 kind under such paragraph’’; and

11 (B) by adding at the end the following new

12 sentence: ‘‘Use of Government charge cards is au13 thorized for payment of these expenses.’’.

14 SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES

15 FOR MEMBERS MAKING THEIR FIRST PERMA16 NENT CHANGE OF STATION.

17 (a) AUTHORITY TO PAY OR REIMBURSE.—Section

18 404a(a) of title 37, United States Code, is amended

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

20 end;

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

22 semicolon; and

23 (3) by inserting after paragraph (2) the fol24 lowing new paragraph:
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1 ‘‘(3) in the case of an enlisted member who is re2 porting to the member’s first permanent duty station,

3 from the member’s home of record or initial technical

4 school to that first permanent duty station;’’.

5 (b) DURATION.—Such section is further amended—

6 (1) in the second sentence, by striking ‘‘clause

7 (1)’’ and inserting ‘‘paragraph (1) or (3)’’; and

8 (2) in the third sentence, by striking ‘‘clause (2)’’

9 and inserting ‘‘paragraph (2)’’.

10 SEC. 633. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.

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

12 amended—

13 (1) in subparagraph (A), by striking ‘‘or’’ at the

14 end;

15 (2) by redesignating subparagraph (B) as sub16 paragraph (C); and

17 (3) by inserting after subparagraph (A) the fol18 lowing new subparagraph:

19 ‘‘(B) to any airport in the continental United

20 States to which travel can be arranged at the same

21 or a lower cost as travel obtained under subparagraph

22 (A); or’’.
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1 Subtitle D—Retired Pay Reform

2 SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY

3 TO MEMBERS ELECTING NEW 15-YEAR CA4 REER STATUS BONUS.

5 (a) RETIRED PAY MULTIPLIER.—Paragraph (2) of

6 section 1409(b) of title 10, United States Code, is amended

7 by inserting ‘‘has elected to receive a bonus under section

8 321 of title 37,’’ after ‘‘July 31, 1986,’’.

9 (b) COST-OF-LIVING ADJUSTMENTS.—Paragraph (3)

10 of section 1401a(b) of such title is amended to read as fol11 lows:

12 ‘‘(3) POST-AUGUST 1, 1986 MEMBERS.—

13 ‘‘(A) MEMBERS ELECTING 15-YEAR CAREER

14 STATUS BONUS.—In the case of a member or

15 former member who first became a member on or

16 after August 1, 1986, and who elected to receive

17 a bonus under section 321 of title 37, the Sec18 retary shall increase the retired pay of the mem19 ber or former member (unless the percent deter20 mined under paragraph (2) is less than 1 per21 cent) by the difference between—

22 ‘‘(i) the percent determined under

23 paragraph (2); and

24 ‘‘(ii) 1 percent.
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1 ‘‘(B) MEMBERS NOT ELECTING 15-YEAR CA2 REER STATUS BONUS.—In the case of a member

3 or former member who first became a member on

4 or after August 1, 1986, and who did not elect

5 to receive a bonus under section 321 of title 37,

6 the Secretary shall increase the retired pay of the

7 member or former member—

8 ‘‘(i) if the percent determined under

9 paragraph (2) is equal to or greater than 3

10 percent, by the difference between—

11 ‘‘(I) the percent determined under

12 paragraph (2); and

13 ‘‘(II) 1 percent; and

14 ‘‘(ii) if the percent determined under

15 paragraph (2) is less than 3 percent, by the

16 lesser of—

17 ‘‘(I) the percent determined under

18 paragraph (2); or

19 ‘‘(II) 2 percent.’’.

20 (c) RECOMPUTATION OF RETIRED PAY AT AGE 62.—

21 Section 1410 of such title is amended—

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In

23 the case of’’;
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1 (2) by inserting after ‘‘62 years of age,’’ the fol2 lowing: ‘‘in accordance with subsection (b) or (c), as

3 applicable.

4 ‘‘(b) MEMBERS RECEIVING CAREER STATUS BONUS.—

5 In the case of a member or former member described in sub6 section (a) who received a bonus under section 321 of title

7 37, the retired pay of the member or former member shall

8 be recomputed under subsection (a)’’;

9 (3) by striking ‘‘that date’’ and inserting ‘‘the ef10 fective date of the recomputation’’; and

11 (4) by adding at the end the following:

12 ‘‘(c) MEMBERS NOT RECEIVING CAREER STATUS

13 BONUS.—In the case of a member or former member de14 scribed in subsection (a) who did not receive a bonus under

15 section 321 of title 37, the retired pay of the member or

16 former member shall be recomputed under subsection (a) so

17 as to be the amount equal to the amount of retired pay

18 to which the member or former member would be entitled

19 on the effective date of the recomputation if increases in

20 the retired pay of the member or former member under sec21 tion 1401a(b) of this title had been computed as provided

22 in paragraph (2) of that section (rather than under para23 graph (3)(B) of that section).’’.
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1 SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS

2 BONUS.

3 (a) CAREER SERVICE BONUS.—Chapter 5 of title 37,

4 United States Code, is amended by inserting after section

5 321, as added by section 625, the following new section:

6 ‘‘§ 322. Special pay: 15-year career status bonus for

7 members entering service on or after Au8 gust 1, 1986

9 ‘‘(a) ELIGIBLE CAREER BONUS MEMBER DEFINED.—

10 In this section, the term ‘eligible career bonus member’

11 means a member of a uniformed service serving on active

12 duty who—

13 ‘‘(1) first became a member on or after August

14 1, 1986; and

15 ‘‘(2) has completed 15 years of active duty in the

16 uniformed services (or has received notification under

17 subsection (e) that the member is about to complete

18 that duty).

19 ‘‘(b) AVAILABILITY OF BONUS.—The Secretary con20 cerned shall pay a bonus under this section to an eligible

21 career bonus member if the member—

22 ‘‘(1) elects to receive the bonus under this section;

23 and

24 ‘‘(2) executes a written agreement (prescribed by

25 the Secretary concerned) to remain continuously on

26 active duty until the member has completed 20 years
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1 of active-duty service creditable under section 1405 of

2 title 10, if the member is not already obligated to re3 main on active duty for a period that would result

4 in at least 20 years of active-duty service.

5 ‘‘(c) ELECTION METHOD.—The election under sub6 section (b)(1) shall be made in such form and within such

7 period as the Secretary concerned may prescribe. An elec8 tion under such subsection is irrevocable.

9 ‘‘(d) AMOUNT OF BONUS; PAYMENT.—(1) A bonus

10 under this section shall be paid in one lump sum of

11 $30,000.

12 ‘‘(2) The bonus shall be paid to an eligible career bonus

13 member not later than the first month that begins on or

14 after the date that is 60 days after the date on which the

15 Secretary concerned receives from the member the election

16 required under subsection (b)(1) and the written agreement

17 required under subsection (b)(2), if applicable.

18 ‘‘(e) NOTIFICATION OF ELIGIBILITY.—(1) The Sec19 retary concerned shall transmit to each member who satis20 fies the definition of eligible career bonus member a written

21 notification of the opportunity of the member to elect to re22 ceive a bonus under this section. The Secretary shall provide

23 the notification not later than 180 days before the date on

24 which the member will complete 15 years of active duty.

25 ‘‘(2) The notification shall include the following:
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1 ‘‘(A) The procedures for electing to receive the

2 bonus.

3 ‘‘(B) An explanation of the effects under sections

4 1401a, 1409, and 1410 of title 10 that such an elec5 tion has on the computation of any retired or retainer

6 pay that the member may become eligible to receive.

7 ‘‘(f) REPAYMENT OF BONUS.—(1) If a person paid a

8 bonus under this section fails to complete the total period

9 of active duty specified in subsection (b)(2), the person shall

10 refund to the United States the amount that bears the same

11 ratio to the amount of the bonus payment as the unserved

12 part of that total period bears to the total period.

13 ‘‘(2) Subject to paragraph (3), an obligation to reim14 burse the United States imposed under paragraph (1) is

15 for all purposes a debt owed to the United States.

16 ‘‘(3) The Secretary concerned may waive, in whole or

17 in part, a refund required under paragraph (1) if the Sec18 retary concerned determines that recovery would be against

19 equity and good conscience or would be contrary to the best

20 interests of the United States.

21 ‘‘(4) A discharge in bankruptcy under title 11 that is

22 entered less than five years after the termination of an

23 agreement under this section does not discharge the member

24 signing such agreement from a debt arising under the agree25 ment or this subsection.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by inserting after

3 the item relating to section 321 the following new item:

‘‘322. Special pay: 15-year career status bonus for members entering service on

or after August 1, 1986.’’.

4 SEC. 643. CONFORMING AMENDMENTS.

5 (a) CONFORMING AMENDMENT TO SURVIVOR BENEFIT

6 PLAN PROVISION.—Section 1451(h)(3) of title 10, United

7 States Code, is amended by inserting ‘‘OF CERTAIN MEM8 BERS’’ after ‘‘RETIREMENT’’.

9 (b) RELATED TECHNICAL AMENDMENTS.—Chapter 71

10 of such title is amended as follows:

11 (1) Section 1401a(b) is amended by striking the

12 heading for paragraph (1) and inserting ‘‘INCREASE

13 REQUIRED.—’’.

14 (2) Section 1409(b)(2) is amended by inserting

15 ‘‘CERTAIN’’ in the paragraph heading after ‘‘REDUC16 TION APPLICABLE TO’’.

17 SEC. 644. EFFECTIVE DATE.

18 The amendments made by sections 641, 642, and 643

19 shall take effect on October 1, 1999.
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1 Subtitle E—Other Retired Pay and

2 Survivor Benefit Matters

3 SEC. 651. EFFECTIVE DATE OF DISABILITY RETIREMENT

4 FOR MEMBERS DYING IN CIVILIAN MEDICAL

5 FACILITIES.

6 (a) IN GENERAL.—(1) Chapter 61 of title 10, United

7 States Code, is amended by inserting after section 1219 the

8 following new section:

9 ‘‘§ 1220. Members dying in civilian medical facilities:

10 authority for determination of later time

11 of death to allow disability retirement

12 ‘‘(a) AUTHORITY FOR LATER TIME-OF-DEATH DETER13 MINATION TO ALLOW DISABILITY RETIREMENT.—In the

14 case of a member of the armed forces who dies in a civilian

15 medical facility in a State, the Secretary concerned may,

16 solely for the purpose of allowing retirement of the member

17 under section 1201 or 1204 of this title and subject to sub18 section (b), specify a date and time of death of the member

19 later than the date and time of death determined by the

20 attending physician in that civilian medical facility.

21 ‘‘(b) LIMITATIONS.—A date and time of death may be

22 determined by the Secretary concerned under subsection (a)

23 only if that date and time—

24 ‘‘(1) are consistent with the date and time of

25 death that reasonably could have been determined by
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1 an attending physician in a military medical facility

2 if the member had died in a military medical facility

3 in the same State as the civilian medical facility; and

4 ‘‘(2) are not more than 48 hours later than the

5 date and time of death determined by the attending

6 physician in the civilian medical facility.

7 ‘‘(c) STATE DEFINED.—In this section, the term ‘State’

8 includes the District of Columbia and any Commonwealth

9 or possession of the United States.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by inserting after the item relating to section

12 1219 the following new item:

‘‘1220. Members dying in civilian medical facilities: authority for determination

of later time of death to allow disability retirement.’’.

13 (b) EFFECTIVE DATE.—(1) Section 1220 of title 10,

14 United States Code, as added by subsection (a), shall apply

15 with respect to any member of the Armed Forces dying in

16 a civilian medical facility on or after January 1, 1998.

17 (2) In the case of any such member dying on or after

18 such date and before the date of the enactment of this Act,

19 any specification by the Secretary concerned under such

20 section with respect to the date and time of death of such

21 member shall be made not later than 180 days after the

22 date of the enactment of this Act.
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1 SEC. 652. EXTENSION OF ANNUITY ELIGIBILITY FOR SUR2 VIVING SPOUSES OF CERTAIN RETIREMENT

3 ELIGIBLE RESERVE MEMBERS.

4 (a) COVERAGE OF SURVIVING SPOUSES OF ALL GRAY

5 AREA RETIREES.—Section 644(a)(1)(B) of the National

6 Defense Authorization Act for Fiscal Year 1998 (Public

7 Law 105–85; 111 Stat. 1800) is amended by striking ‘‘dur8 ing the period beginning on September 21, 1972, and end9 ing on’’ and inserting ‘‘before’’.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall apply with respect to annuities payable

12 for months beginning after September 30, 1999.

13 SEC. 653. PRESENTATION OF UNITED STATES FLAG TO RE14 TIRING MEMBERS OF THE UNIFORMED SERV15 ICES NOT PREVIOUSLY COVERED.

16 (a) NONREGULAR SERVICE MILITARY RETIREES.—(1)

17 Chapter 1217 of title 10, United States Code, is amended

18 by adding at the end the following new section:

19 ‘‘§ 12605. Presentation of United States flag: members

20 transferred from an active status or dis21 charged after completion of eligibility for

22 retired pay

23 ‘‘(a) PRESENTATION OF FLAG.—Upon the transfer

24 from an active status or discharge of a Reserve who has

25 completed the years of service required for eligibility for re-
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1 tired pay under chapter 1223 of this title, the Secretary

2 concerned shall present a United States flag to the member.

3 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—

4 A member is not eligible for presentation of a flag under

5 subsection (a) if the member has previously been presented

6 a flag under this section or any provision of law providing

7 for the presentation of a United States flag incident to re8 lease from active service for retirement.

9 ‘‘(c) NO COST TO RECIPIENT.—The presentation of a

10 flag under this section shall be at no cost to the recipient.’’.

11 (2) The table of sections at the beginning of such chap12 ter is amended by adding at the end the following new item:

‘‘12605. Presentation of United States flag: members transferred from an active

status or discharged after completion of eligibility for retired

pay.’’.

13 (b) PUBLIC HEALTH SERVICE.—Title II of the Public

14 Health Service Act is amended by inserting after section

15 212 (42 U.S.C. 213) the following new section:

16 ‘‘PRESENTATION OF UNITED STATES FLAG UPON

17 RETIREMENT

18 ‘‘SEC. 213. (a) Upon the release of an officer of the

19 commissioned corps of the Service from active commissioned

20 service for retirement, the Secretary of Health and Human

21 Services shall present a United States flag to the officer.

22 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—

23 An officer is not eligible for presentation of a flag under

24 subsection (a) if the officer has previously been presented
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1 a flag under this section or any other provision of law pro2 viding for the presentation of a United States flag incident

3 to release from active service for retirement.

4 ‘‘(c) NO COST TO RECIPIENT.—The presentation of a

5 flag under this section shall be at no cost to the recipient.’’.

6 (c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS7 TRATION.—The Coast and Geodetic Survey Commissioned

8 Officers’ Act of 1948 is amended by inserting after section

9 24 (33 U.S.C. 853u) the following new section:

10 ‘‘SEC. 25. (a) Upon the release of a commissioned offi11 cer from active commissioned service for retirement, the

12 Secretary of Commerce shall present a United States flag

13 to the officer.

14 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—

15 An officer is not eligible for presentation of a flag under

16 subsection (a) if the officer has previously been presented

17 a flag under this section or any other provision of law pro18 viding for the presentation of a United States flag incident

19 to release from active service for retirement.

20 ‘‘(c) NO COST TO RECIPIENT.—The presentation of a

21 flag under this section shall be at no cost to the recipient.’’.

22 (d) EFFECTIVE DATE.—Section 12605 of title 10,

23 United States Code (as added by subsection (a)), section

24 413 of the Public Health Service Act (as added by sub25 section (b)), and section 25 of the Coast and Geodetic Sur-
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1 vey Commissioned Officers’ Act of 1948 (as added by sub2 section (c)) shall apply with respect to releases from service

3 described in those sections on or after October 1, 1999.

4 (e) CONFORMING AMENDMENTS TO PRIOR LAW.—Sec5 tions 3681(b), 6141(b), and 8681(b) of title 10, United

6 States Code, and section 516(b) of title 14, United States

7 Code, are each amended by striking ‘‘under this section’’

8 and all that follows through the period and inserting

9 ‘‘under this section or any other provision of law providing

10 for the presentation of a United States flag incident to re11 lease from active service for retirement.’’.

12 SEC. 654. ACCRUAL FUNDING FOR RETIREMENT SYSTEM

13 FOR COMMISSIONED CORPS OF NATIONAL

14 OCEANIC AND ATMOSPHERIC ADMINISTRA15 TION.

16 (a) INCLUSION OF NOAA OFFICERS IN DOD MILITARY

17 RETIREMENT FUND.—Section 1461 of title 10, United

18 States Code, is amended—

19 (1) in subsection (a), by inserting ‘‘and the De20 partment of Commerce’’ after ‘‘Department of De21 fense’’;

22 (2) in subsection (b)—

23 (A) by inserting ‘‘and the Coast and Geo24 detic Survey Commissioned Officers’ Act of 1948
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1 (33 U.S.C. 853a et seq.)’’ in paragraph (1) after

2 ‘‘this title’’;

3 (B) by striking ‘‘and’’ at the end of para4 graph (2);

5 (C) by striking the period at the end of

6 paragraph (3) and inserting ‘‘; and’’; and

7 (D) by adding at the end the following new

8 paragraph:

9 ‘‘(4) the programs under the jurisdiction of the

10 Department of Commerce providing annuities for sur11 vivors of members and former members of the NOAA

12 Corps.’’; and

13 (3) by adding at the end the following new sub14 section:

15 ‘‘(c) In this chapter, the term ‘NOAA Corps’ means

16 the National Oceanic and Atmospheric Administration

17 Commissioned Corps and its predecessors.’’.

18 (b) PAYMENTS FROM THE FUND.—Section 1463(a) of

19 such title is amended—

20 (1) in paragraph (1), by striking ‘‘and Marine

21 Corps’’ and inserting ‘‘Marine Corps, and the NOAA

22 Corps’’; and

23 (2) in paragraph (4)—

24 (A) by inserting ‘‘and the Department of

25 Commerce’’ after ‘‘Department of Defense’’; and
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1 (B) by striking ‘‘armed forces’’ and insert2 ing ‘‘uniformed services’’.

3 (c) REPORTS BY BOARD OF ACTUARIES.—Section

4 1464(b) of such title is amended by inserting ‘‘and the Sec5 retary of Commerce with respect to the NOAA Corps’’ after

6 ‘‘Secretary of Defense’’.

7 (d) DEPARTMENT OF COMMERCE CONTRIBUTIONS TO

8 THE FUND.—Section 1465 of such title is amended as fol9 lows:

10 (1) Subsection (a) is amended—

11 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

12 (B) by adding at the end the following new

13 paragraph:

14 ‘‘(2) Not later than January 1, 2000, the Secretary

15 of Commerce shall provide to the Board the amount that

16 is the present value (as of October 1, 1999) of future benefits

17 payable from the Fund that are attributable to service in

18 the NOAA Corps performed before October 1, 1999. That

19 amount is the NOAA Corps original unfunded liability of

20 the Fund. The Board shall determine the period of time over

21 which that unfunded liability should be liquidated and shall

22 determine an amortization schedule for the liquidation of

23 such liability over that period. Contributions to the Fund

24 for the liquidation of the original unfunded liability in ac-
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1 cordance with that schedule shall be made as provided in

2 section 1466(b) of this title.’’.

3 (2) Subsection (b) is amended—

4 (A) in paragraph (1)—

5 (i) by inserting ‘‘and the Secretary of

6 Commerce’’ after ‘‘Secretary of Defense’’ in

7 the matter preceding subparagraph (A);

8 (ii) by inserting ‘‘and the Department

9 of Commerce contributions with respect to

10 the NOAA Corps’’ after ‘‘Department of De11 fense contributions’’ in the matter preceding

12 subparagraph (A); and

13 (iii) by adding at the end the following

14 new subparagraph:

15 ‘‘(C) The product of—

16 ‘‘(i) the current estimate of the value of the

17 single level percentage of basic pay to be deter18 mined under subsection (c)(1)(C) at the time of

19 the next actuarial valuation under subsection

20 (c); and

21 ‘‘(ii) the total amount of basic pay expected

22 to be paid during that fiscal year to members of

23 the NOAA Corps.’’; and

24 (B) in paragraph (2)—
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1 (i) by inserting ‘‘and the Department

2 of Commerce’’ after ‘‘Department of De3 fense’’; and

4 (ii) by inserting ‘‘and shall include

5 separate amounts for the Department of De6 fense and the Department of Commerce’’

7 after ‘‘section 1105 of title 31’’.

8 (3) Subsection (c)(1) is amended—

9 (A) by inserting ‘‘and the Secretary of Com10 merce with respect to the NOAA Corps’’ in the

11 first sentence after ‘‘Secretary of Defense’’;

12 (B) by striking ‘‘and’’ at the end of sub13 paragraph (A);

14 (C) by striking the period at the end of sub15 paragraph (B) and inserting ‘‘; and’’; and

16 (D) by inserting after subparagraph (B) the

17 following new subparagraph:

18 ‘‘(C) a determination (using the aggregate entry19 age normal cost method) of a single level percentage

20 of basic pay for members of the NOAA Corps.’’.

21 (e) PAYMENTS INTO THE FUND.—Section 1466 of such

22 title is amended—

23 (1) in subsection (a)—
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1 (A) by inserting ‘‘and the Secretary of Com2 merce with respect to the NOAA Corps’’ after

3 ‘‘Secretary of Defense’’;

4 (B) by striking ‘‘Department of Defense’’

5 after ‘‘each month as the’’;

6 (C) by inserting ‘‘and 1465(c)(1)(C)’’ in

7 paragraph (1)(A) after ‘‘section 1465(c)(1)(A)’’;

8 (D) by inserting ‘‘and by members of the

9 NOAA Corps’’ in paragraph (1)(B) before the pe10 riod; and

11 (E) by inserting ‘‘or members of the NOAA

12 Corps’’ before the period at the end of the last

13 sentence of that subsection;

14 (2) in subsection (b)(2), by inserting ‘‘and the

15 NOAA original unfunded liability’’ after ‘‘original

16 unfunded liability’’; and

17 (3) by adding at the end the following new sub18 section:

19 ‘‘(c)(1) The Secretary of Transportation shall process,

20 on behalf of the Fund, payments under section 1463 of this

21 title to members on the retired list of the NOAA Corps and

22 to survivors of members and former members of the NOAA

23 Corps.
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1 ‘‘(2) Payments made by the Secretary of Transpor2 tation under paragraph (1) shall be charged against the

3 Fund.’’.

4 (f) EFFECTIVE DATE.—The amendments made by this

5 section shall take effect on October 1, 1999.

6 Subtitle F—Other Matters

7 SEC. 671. PAYMENTS FOR UNUSED ACCRUED LEAVE AS

8 PART OF REENLISTMENT.

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

10 amended—

11 (1) in subsection (a)(1)—

12 (A) by striking ‘‘conditions or’’ and insert13 ing ‘‘conditions,’’; and

14 (B) by adding before the semicolon the fol15 lowing: ‘‘, or a reenlistment of the member (re16 gardless of when the reenlistment occurs)’’; and

17 (2) in subsection (b)(2), by striking ‘‘, or enter18 ing into an enlistment,’’.

19 SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR

20 MILITARY TECHNICIANS SERVING ON ACTIVE

21 DUTY WITHOUT PAY OUTSIDE THE UNITED

22 STATES.

23 (a) AUTHORITY TO PROVIDE PER DIEM ALLOW24 ANCE.—Section 1002(b) of title 37, United States Code, is

25 amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

2 (2) by adding at the end the following new para3 graph:

4 ‘‘(2) If a military technician (dual status), as de5 scribed in section 10216 of title 10, is performing active

6 duty without pay while on leave from technician employ7 ment, as authorized by section 6323(d) of title 5, the Sec8 retary concerned may authorize the payment of a per diem

9 allowance to the military technician in lieu of commutation

10 for subsistence and quarters under paragraph (1).’’.

11 (b) TYPES OF OVERSEAS OPERATIONS.—Section

12 6323(d)(1) of title 5, United States Code, is amended by

13 striking ‘‘noncombat’’.

14 (c) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall be effective as of February 10, 1996, as

16 if included in section 1039 of the National Defense Author17 ization Act for Fiscal Year 1996 (Public Law 104–106; 110

18 Stat.432).

19 SEC. 673. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PRO20 GRAM.

21 (a) PROGRAM REQUIRED.—Subsection (a) of section

22 1060a of title 10, United States Code, is amended by strik23 ing ‘‘AUTHORITY.—The Secretary of Defense may’’ and in24 serting ‘‘PROGRAM REQUIRED.—The Secretary of Defense

25 shall’’.
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1 (b) FUNDING SOURCE.—Subsection (b) of such section

2 is amended to read as follows:

3 ‘‘(b) FUNDING MECHANISM.—The Secretary of Defense

4 shall use funds available for the Department of Defense to

5 carry out the program under subsection (a).’’.

6 (c) PROGRAM ADMINISTRATION.—Subsection (c) of

7 such section is amended—

8 (1) by striking paragraph (1)(B) and inserting

9 the following:

10 ‘‘(B) In determining income eligibility standards for

11 families of individuals participating in the program under

12 this section, the Secretary of Defense shall, to the extent

13 practicable, use the criterion described in subparagraph

14 (A). The Secretary shall also consider the value of housing

15 in kind provided to the individual when determining pro16 gram eligibility.’’;

17 (2) in paragraph (2), by adding before the pe18 riod at the end the following: ‘‘, particularly with re19 spect to nutrition education and counseling’’; and

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

22 ‘‘(3) The Secretary of Agriculture shall provide tech23 nical assistance to the Secretary of Defense, if so requested

24 by the Secretary of Defense, for the purpose of carrying out

25 the program under subsection (a).’’.
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1 (d) CONFORMING AMENDMENT.—Section 17 of the

2 Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended

3 by adding at the end the following new subsection:

4 ‘‘(q) The Secretary of Agriculture shall provide tech5 nical assistance to the Secretary of Defense, if so requested

6 by the Secretary of Defense, for the purpose of carrying out

7 the overseas special supplemental food program established

8 under section 1060a(a) of title 10, United States Code.’’.

9 SEC. 674. SPECIAL COMPENSATION FOR SEVERELY DIS10 ABLED UNIFORMED SERVICES RETIREES.

11 (a) AUTHORITY.—(1) Chapter 71 of title 10, United

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

13 new section:

14 ‘‘§ 1413. Special compensation for certain severely dis15 abled uniformed services retirees

16 ‘‘(a) AUTHORITY.—The Secretary concerned shall, sub17 ject to the availability of appropriations for such purpose,

18 pay to each eligible disabled uniformed services retiree a

19 monthly amount determined under subsection (b).

20 ‘‘(b) AMOUNT.—The amount to be paid (subject to the

21 availability of appropriations) to an eligible disabled uni22 formed services retiree in accordance with subsection (a) is

23 the following:
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1 ‘‘(1) For any month for which the retiree has a

2 qualifying service-connected disability rated as total,

3 $300.

4 ‘‘(2) For any month for which the retiree has a

5 qualifying service-connected disability rated as 90

6 percent, $200.

7 ‘‘(3) For any month for which the retiree has a

8 qualifying service-connected disability rated as 80

9 percent or 70 percent, $100.

10 ‘‘(c) ELIGIBLE DISABLED UNIFORMED SERVICES RE11 TIREE DEFINED.—In this section, the term ‘eligible disabled

12 military retiree’ means a member of the uniformed services

13 in a retired status (who is retired under a provision of law

14 other than chapter 61 of this title) who—

15 ‘‘(1) completed at least 20 years of service in the

16 uniformed services that are creditable for purposes of

17 computing the amount of retired pay to which the

18 member is entitled; and

19 ‘‘(2) has a qualifying service-connected dis20 ability.

21 ‘‘(d) QUALIFYING SERVICE-CONNECTED DISABILITY

22 DEFINED.—In this section, the term ‘qualifying service-con23 nected disability’ means a service-connected disability

24 that—
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1 ‘‘(1) was incurred or aggravated in the perform2 ance of duty as a member of a uniformed service, as

3 determined by the Secretary concerned; and

4 ‘‘(2) is rated as not less than 70 percent

5 disabling—

6 ‘‘(A) by the Secretary concerned as of the

7 date on which the member is retired from the

8 uniformed services; or

9 ‘‘(B) by the Secretary of Veterans Affairs

10 within four years following the date on which the

11 member is retired from the uniformed services.

12 ‘‘(e) STATUS OF PAYMENTS.—Payments under this

13 section are not retired pay.

14 ‘‘(f) SOURCE OF FUNDS.—(1) Payments under this

15 section for any fiscal year shall be paid out of funds appro16 priated for pay and allowances payable by the Secretary

17 concerned for that fiscal year.

18 ‘‘(2) If the amount of funds available to the Secretary

19 concerned for any fiscal year for payments under this sec20 tion is less than the amount required to make such pay21 ments to all eligible disabled uniformed services retirees for

22 that year, the Secretary shall make such payments first to

23 retirees described in paragraph (1) of subsection (b), then

24 (to the extent funds are available) to retirees described in

25 paragraph (2) of that subsection, and then (to the extent
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1 funds are available) to retirees described in paragraph (3)

2 of that subsection.

3 ‘‘(g) OTHER DEFINITIONS.—In this section:

4 ‘‘(1) The terms ‘compensation’ and ‘service-con5 nected’ have the meanings given those terms in section

6 101 of title 38.

7 ‘‘(2) The term ‘disability rated as total’ means—

8 ‘‘(A) a disability that is rated as total

9 under the standard schedule of rating disabilities

10 in use by the Department of Veterans Affairs; or

11 ‘‘(B) a disability for which the schedular

12 rating is less than total but for which a rating

13 of total is assigned by reason of inability of the

14 disabled person concerned to secure or follow a

15 substantially gainful occupation as a result of

16 service-connected disabilities.

17 ‘‘(3) The term ‘retired pay’ includes retainer

18 pay, emergency officers’ retirement pay, and naval

19 pension.’’.

20 (2) The table of sections at the beginning of such chap21 ter is amended by adding at the end the following new item:

‘‘1413. Special compensation for certain severely disabled uniformed services retirees.’’.

22 (b) EFFECTIVE DATE.—Section 1413 of title 10,

23 United States Code, as added by subsection (a), shall take

24 effect on October 1, 1999, and shall apply to months that
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1 begin on or after that date. No benefit may be paid to any

2 person by reason of that section for any period before that

3 date.

4 SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED

5 IN A –––– CONTINGENCY OPERATION.

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

7 amended—

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

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

10 the end and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new para12 graph:

13 ‘‘(4) in the case of a member serving in a contin14 gency operation or similar operational mission (other

15 than for training) designated by the Secretary con16 cerned, all of the charges may be paid.’’.

17 TITLE VII—HEALTH CARE

18 MATTERS

19 Subtitle A—Health Care Services

20 SEC. 701. PROVISION OF HEALTH CARE TO MEMBERS ON

21 ACTIVE DUTY AT CERTAIN REMOTE LOCA22 TIONS.

23 (a) IN GENERAL.—The Secretary of Defense shall enter

24 into agreements with designated providers under which

25 such providers will provide health care services in or
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1 through managed care plans to an eligible member of the

2 Armed Forces who resides within the service area of the des3 ignated provider. The provisions in section 722(b)(2) of the

4 National Defense Authorization Act for Fiscal Year 1997

5 (Public Law 104–201; 10 U.S.C. 1073 note) shall apply

6 with respect to such agreements.

7 (b) ADHERENCE TO TRICARE PRIME REMOTE PRO8 GRAM POLICIES.—A designated provider who provides

9 health care to an eligible member described in subsection

10 (a) shall, in providing such care, adhere to policies of the

11 Department of Defense with respect to the TRICARE Prime

12 Remote program, including policies regarding coordination

13 with appropriate military medical authorities for specialty

14 referrals and hospitalization.

15 (c) REIMBURSEMENT RATES.—The Secretary shall ne16 gotiate with each designated provider reimbursement rates

17 that do not exceed reimbursement rates allowable under

18 TRICARE Standard.

19 (d) DEFINITIONS.—In this section:

20 (1) The term ‘‘eligible member’’ has the meaning

21 given that term in section 731(c) of the National De22 fense Authorization Act for Fiscal Year 1998 (Public

23 Law 105–85; 10 U.S.C. 1074 note).

24 (1) The term ‘‘designated provider’’ has the

25 meaning given that term in section 721(5) of the Na-
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1 tional Defense Authorization Act for Fiscal Year 1997

2 (Public Law 104–201; 10 U.S.C. 1073 note).

3 SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.

4 (a) IN GENERAL.—Section 731 of the National Defense

5 Authorization Act for Fiscal Year 1995 (Public Law 103–

6 337; 10 U.S.C. 1092 note) is amended—

7 (1) in the heading, by striking ‘‘DEMONSTRA8 TION PROGRAM’’;

9 (2) in subsection (a), by adding at the end the

10 following new paragraph:

11 ‘‘(4) During fiscal year 2000, the Secretary shall con12 tinue to furnish the same chiropractic care in the military

13 medical treatment facilities designated pursuant to para14 graph (2)(A) as the chiropractic care furnished during the

15 demonstration program.’’;

16 (3) in subsection (c)—

17 (A) in paragraph (3), by striking ‘‘Com18 mittee on Armed Services of the Senate and the

19 Committee on National Security of the House of

20 Representatives’’ and inserting ‘‘Committees on

21 Armed Services of the Senate and the House of

22 Representatives’’; and

23 (B) in paragraph (5), by striking ‘‘May 1,

24 2000’’ and inserting ‘‘January 31, 2000’’;

25 (4) in subsection (d)—
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1 (A) in paragraph (3)—

2 (i) by striking ‘‘; and’’ at the end of

3 subparagraph (C) and inserting a semi4 colon;

5 (ii) by striking the period at the end of

6 subparagraph (D) and inserting ‘‘; and’’;

7 and

8 (iii) by adding at the end the following

9 new subparagraph:

10 ‘‘(E) if the Secretary submits an implementation

11 plan pursuant to subsection (e), the preparation of

12 such plan.’’; and

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

14 paragraph:

15 ‘‘(5) The Secretary shall—

16 ‘‘(A) make full use of the oversight advisory com17 mittee in preparing—

18 ‘‘(i) the final report on the demonstration

19 program conducted under this section; and

20 ‘‘(ii) the implementation plan described in

21 subsection (e); and

22 ‘‘(B) provide opportunities for members of the

23 committee to provide views as part of such final re24 port and plan.’’;
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1 (5) by redesignating subsection (e) as subsection (f);

2 and

3 (6) by inserting after subsection (d) the following new

4 subsection:

5 ‘‘(e) IMPLEMENTATION PLAN.—If the Secretary of De6 fense recommends in the final report submitted under sub7 section (c) that chiropractic health care services should be

8 offered in medical care facilities of the Armed Forces or as

9 a health care service covered under the TRICARE program,

10 the Secretary shall, not later than March 31, 2000, submit

11 to the Committees on Armed Services of the House of Rep12 resentatives and the Senate an implementation plan for the

13 full integration of chiropractic health care services into the

14 military health care system of the Department of Defense,

15 including the TRICARE program. Such implementation

16 plan shall include—

17 ‘‘(1) a detailed analysis of the projected costs of

18 fully integrating chiropractic health care services into

19 the military health care system;

20 ‘‘(2) the proposed scope of practice for chiroprac21 tors who would provide services to covered bene22 ficiaries under chapter 55 of title 10, United States

23 Code;

24 ‘‘(3) the proposed military medical treatment fa25 cilities at which such services would be provided;
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1 ‘‘(4) the military readiness requirements for

2 chiropractors who would provide services to such cov3 ered beneficiaries; and

4 ‘‘(5) any other relevant factors that the Secretary

5 considers appropriate.’’.

6 (b) CONFORMING AMENDMENT.—The item relating to

7 section 731 in the table of contents at the beginning of such

8 Act is amended to read as follows:

‘‘731. Chiropractic health care.’’

9 SEC. 703. CONTINUATION OF PROVISION OF DOMICILIARY

10 AND CUSTODIAL CARE FOR CERTAIN

11 CHAMPUS BENEFICIARIES.

12 (a) CONTINUATION OF CARE.—(1) The Secretary of

13 Defense may, in any case in which the Secretary makes

14 the determination described in paragraph (2), continue to

15 provide payment under the Civilian Health and Medical

16 Program of the Uniformed Services (as defined in section

17 1072 of title 10, United States Code), for domiciliary or

18 custodial care services provided to an eligible beneficiary

19 that would otherwise be excluded from coverage under regu20 lations implementing section 1077(b)(1) of such title.

21 (2) A determination under this paragraph is a deter22 mination that discontinuation of payment for domiciliary

23 or custodial care services or transition to provision of care

24 under the individual case management program authorized

25 by section 1079(a)(17) of such title would be—
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1 (A) inadequate to meet the needs of the eligible

2 beneficiary; and

3 (B) unjust to such beneficiary.

4 (b) ELIGIBLE BENEFICIARY DEFINED.—As used in

5 this section, the term ‘‘eligible beneficiary’’ means a covered

6 beneficiary (as that term is defined in section 1072 of title

7 10, United States Code) who, before the effective date of

8 final regulations to implement the individual case manage9 ment program authorized by section 1079(a)(17) of such

10 title, were provided domiciliary or custodial care services

11 for which the Secretary provided payment.

12 SEC. 704. REMOVAL OF RESTRICTION ON USE OF FUNDS

13 FOR ABORTIONS IN CERTAIN CASES OF RAPE

14 OR INCEST.

15 Section 1093(a) of title 10, United States Code, is

16 amended by inserting ‘‘or in a case in which the pregnancy

17 is the result of an act of forcible rape or incest which has

18 been reported to a law enforcement agency’’ before the pe19 riod.

20 Subtitle B—TRICARE Program

21 SEC. 711. IMPROVEMENTS TO CLAIMS PROCESSING UNDER

22 THE TRICARE PROGRAM.

23 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

24 States Code, is amended by inserting after section 1095b

25 the following new section:
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1 ‘‘§ 1095c. TRICARE program: facilitation of proc2 essing of claims

3 ‘‘(a) REDUCTION OF PROCESSING TIME.—(1) With re4 spect to claims for payment for medical care provided under

5 the TRICARE program, the Secretary of Defense shall im6 plement a system for processing of claims under which—

7 ‘‘(A) 95 percent of all mistake-free claims must

8 be processed not later than 30 days after the date that

9 such claims are submitted to the claims processor;

10 and

11 ‘‘(B) 100 percent of all mistake-free claims must

12 be processed not later than 100 days after the date

13 that such claims are submitted to the claims proc14 essor.

15 ‘‘(2) The Secretary may, under the system required by

16 paragraph (1) and consistent with the provisions in chapter

17 39 of title 31, United States Code (commonly referred to

18 as the ‘Prompt Payment Act’), require that interest be paid

19 on claims that are not processed within 30 days.

20 ‘‘(b) REQUIREMENT TO PROVIDE START-UP TIME FOR

21 CERTAIN CONTRACTORS.—(1) The Secretary of Defense

22 shall not require that a contractor described in paragraph

23 (2) begin to provide managed care support pursuant to a

24 contract to provide such support under the TRICARE pro25 gram until at least nine months after the date of the award

26 of the contract. In such case the contractor may begin to
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1 provide managed care support pursuant to the contract as

2 soon as practicable after the award of the contract, but in

3 no case later than one year after the date of such award.

4 ‘‘(2) A contractor under this paragraph is a contractor

5 who is awarded a contract to provide managed care support

6 under the TRICARE program—

7 ‘‘(A) who has not previously been awarded such

8 a contract by the Department of Defense; or

9 ‘‘(B) who has previously been awarded such a

10 contract by the Department of Defense but for whom

11 the subcontractors have not previously been awarded

12 the subcontracts for such a contract.’’.

13 (2) The table of sections at the beginning of such chap14 ter is amended by inserting after the item relating to section

15 1095b the following new item:

‘‘1095c. TRICARE program: facilitation of processing of claims.’’.

16 (b) REPORT.—Not later than 6 months after the date

17 of the enactment of this Act, the Secretary of Defense shall

18 submit to Congress a report on—

19 (1) the status of claims processing backlogs in

20 each TRICARE region;

21 (2) the estimated time frame for resolution of

22 such backlogs;

23 (3) efforts to reduce the number of change orders

24 with respect to contracts to provide managed care

25 support under the TRICARE program and to make
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1 such change orders in groups on a quarterly basis

2 rather than one at a time;

3 (4) the extent of success in simplifying claims

4 processing procedures through reduction of reliance of

5 the Department of Defense on, and the complexity of,

6 the health care service record;

7 (5) application of best industry practices with

8 respect to claims processing, including electronic

9 claims processing; and

10 (6) any other initiatives of the Department of

11 Defense to improve claims processing procedures.

12 (c) DEADLINE FOR IMPLEMENTATION.—The system for

13 processing claims required under section 1095c(a) of title

14 10, United States Code (as added by subsection (a)), shall

15 be implemented not later than 6 months after the date of

16 the enactment of this Act.

17 (d) APPLICABILITY.—Section 1095c(b) of title 10,

18 United States Code (as added by subsection (a)), shall

19 apply with respect to any contract to provide managed care

20 support under the TRICARE program negotiated after the

21 date of the enactment of this Act.
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1 SEC. 712. AUTHORITY TO WAIVE CERTAIN TRICARE

2 DEDUCTIBLES.

3 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

4 States Code, is amended by inserting after section 1095c

5 (as added by section 711) the following new section:

6 ‘‘§ 1095d. TRICARE program: waiver of certain

7 deductibles

8 ‘‘(a) WAIVER AUTHORIZED.—The Secretary of Defense

9 may waive the deductible payable for medical care provided

10 under the TRICARE program to an eligible dependent of—

11 ‘‘(1) a member of a reserve component on active

12 duty pursuant to a call or order to active duty for

13 a period of less than one year; or

14 ‘‘(2) a member of the National Guard on full15 time National Guard duty pursuant to a call or order

16 to full-time National Guard duty for a period of less

17 than one year.

18 ‘‘(b) ELIGIBLE DEPENDENT.—As used in this section,

19 the term ‘eligible dependent’ means a dependent described

20 subparagraphs (A), (D), or (I) of section 1072(2) of this

21 title.’’.

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

23 the beginning of such chapter is amended by inserting after

24 the item relating to section 1095c the following new item:

‘‘1095d. TRICARE: program waiver of certain deductibles.’’.
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1 Subtitle C—Other Matters

2 SEC. 721. PHARMACY BENEFITS PROGRAM.

3 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

4 States Code, is amended by inserting after section 1074f

5 the following new section:

6 ‘‘§ 1074g. Pharmacy benefits program

7 ‘‘(a) PHARMACY BENEFITS.—(1) The Secretary of De8 fense, after consultation with the other administering Secre9 taries, shall establish an effective, efficient, integrated phar10 macy benefits program under this chapter (hereinafter in

11 this section referred to as the ‘pharmacy benefits program’).

12 ‘‘(2)(A) The pharmacy benefits program shall include

13 a uniform formulary of pharmaceutical agents, which shall

14 assure the availability of pharmaceutical agents in a com15 plete range of therapeutic classes. The selection for inclusion

16 on the uniform formulary of particular pharmaceutical

17 agents in each therapeutic class shall be based on the rel18 ative clinical and cost effectiveness of the agents in such

19 class.

20 ‘‘(B) The Secretary shall establish procedures for the

21 selection of particular pharmaceutical agents for the uni22 form formulary, and shall begin to implement the uniform

23 formulary not later than October 1, 2000.
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1 ‘‘(C) Pharmaceutical agents included on the uniform

2 formulary shall be available to eligible covered beneficiaries

3 through—

4 ‘‘(i) facilities of the uniformed services, con5 sistent with the scope of health care services offered in

6 such facilities;

7 ‘‘(ii) retail pharmacies designated or eligible

8 under the TRICARE program or the Civilian Health

9 and Medical Program of the Uniformed Services to

10 provide pharmaceutical agents to eligible covered

11 beneficiaries; or

12 ‘‘(iii) the national mail order pharmacy pro13 gram.

14 ‘‘(3) The pharmacy benefits program shall assure the

15 availability of clinically appropriate pharmaceutical

16 agents to members of the armed forces, including, if appro17 priate, agents not included on the uniform formulary de18 scribed in paragraph (2).

19 ‘‘(4) The pharmacy benefits program may provide that

20 prior authorization be required for certain categories of

21 pharmaceutical agents to assure that the use of such agents

22 is clinically appropriate. Such categories shall be the fol23 lowing:

24 ‘‘(A) High-cost injectable agents.

25 ‘‘(B) High-cost biotechnology agents.
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1 ‘‘(C) Pharmaceutical agents with high potential

2 for inappropriate use.

3 ‘‘(D) Pharmaceutical agents otherwise deter4 mined by the Secretary to require prior authoriza5 tion.

6 ‘‘(5)(A) The pharmacy benefits program shall include

7 procedures for eligible covered beneficiaries to receive phar8 maceutical agents not included on the uniform formulary.

9 Such procedures shall include peer review procedures under

10 which the Secretary may determine that there is a clinical

11 justification for the use of a pharmaceutical agent that is

12 not on the uniform formulary, in which case the pharma13 ceutical agent shall be provided under the same terms and

14 conditions as an agent on the uniform formulary.

15 ‘‘(B) If the Secretary determines that there is not a

16 clinical justification for the use of a pharmaceutical agent

17 that is not on the uniform formulary under the procedures

18 established pursuant to subparagraph (A), such pharma19 ceutical agent shall be available through at least one of the

20 means described in paragraph (2)(C) under terms and con21 ditions that may include cost sharing by the eligible covered

22 beneficiary in addition to any such cost sharing applicable

23 to agents on the uniform formulary.
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1 ‘‘(6) The Secretary of Defense shall, after consultation

2 with the other administering Secretaries, promulgate regu3 lations to carry out this subsection.

4 ‘‘(7) Nothing in this subsection shall be construed as

5 authorizing a contractor to penalize an eligible covered ben6 eficiary with respect to, or decline coverage for, a mainte7 nance pharmaceutical that is not on the list of preferred

8 pharmaceuticals of the contractor and that was prescribed

9 for the beneficiary before the date of the enactment of this

10 section and stabilized the medical condition of the bene11 ficiary.

12 ‘‘(b) ESTABLISHMENT OF COMMITTEE.—(1) The Sec13 retary of Defense shall, in consultation with the Secretaries

14 of the military departments, establish a pharmaceutical

15 and therapeutics committee for the purpose of developing

16 the uniform formulary of pharmaceutical agents required

17 by subsection (a), reviewing such formulary on a periodic

18 basis, and making additional recommendations regarding

19 the formulary as the committee determines necessary and

20 appropriate. The committee shall include representatives of

21 pharmacies of the uniformed services facilities, contractors

22 responsible for the TRICARE retail pharmacy program,

23 contractors responsible for the national mail order phar24 macy program, providers in facilities of the uniformed serv25 ices, and TRICARE network providers. Committee members
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1 shall have expertise in treating the medical needs of the pop2 ulations served through such entities and in the range of

3 pharmaceutical and biological medicines available for

4 treating such populations.

5 ‘‘(2) Not later than 90 days after the establishment of

6 the pharmaceutical and therapeutics committee by the Sec7 retary, the committee shall submit a proposed uniform for8 mulary to the Secretary .

9 ‘‘(c) ADVISORY PANEL.—(1) Concurrent with the es10 tablishment of the pharmaceutical and therapeutics com11 mittee under subsection (b), the Secretary shall establish a

12 Uniform Formulary Beneficiary Advisory Panel to review

13 and comment on the development of the uniform formulary.

14 The Secretary shall consider the comments of the panel be15 fore implementing the uniform formulary or implementing

16 changes to the uniform formulary.

17 ‘‘(2) The Secretary shall determine the size and mem18 bership of the panel established under paragraph (1), which

19 shall include members that represent nongovernmental or20 ganizations and associations that represent the views and

21 interests of a large number of eligible covered beneficiaries.

22 ‘‘(d) PROCEDURES.—In the operation of the pharmacy

23 benefits program under subsection (a), the Secretary of De24 fense shall assure through management and new contractual

25 arrangements that financial resources are aligned such that
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1 the cost of prescriptions is borne by the organization that

2 is financially responsible for the health care of the eligible

3 covered beneficiary.

4 ‘‘(e) PHARMACY DATA TRANSACTION SERVICE.—Not

5 later than April 1, 2000, the Secretary of Defense shall im6 plement the use of the Pharmacy Data Transaction Service

7 in all fixed facilities of the uniformed services under the

8 jurisdiction of the Secretary, the TRICARE network retail

9 pharmacy program, and the national mail order pharmacy

10 program.

11 ‘‘(f) DEFINITION OF ELIGIBLE COVERED BENE12 FICIARY.—As used in this section, the term ‘eligible covered

13 beneficiary’ means a covered beneficiary for whom eligi14 bility to receive pharmacy benefits through the means de15 scribed in subsection (a)(2)(C) is established under this

16 chapter or another provision of law.’’.

17 (2) The table of sections at the beginning of such chap18 ter is amended by inserting after the item relating to section

19 1074f the following new item:

‘‘1074g. Pharmacy benefits program.’’.
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1 (b) DEADLINE FOR ESTABLISHMENT OF COM2 MITTEE.—The Secretary shall establish the pharmaceutical

3 and therapeutics committee required under section 1074g(b)

4 of title 10, United States Code, not later than 30 days after

5 the date of enactment of this Act.

6 (c) REPORTS REQUIRED.—Not later than April 1 and

7 October 1 of fiscal years 2000 and 2001, the Secretary of

8 Defense shall submit to Congress a report on—

9 (1) implementation of the uniform formulary re10 quired under subsection (a) of section 1074g of title

11 10, United States Code (as added by subsection (a));

12 (2) the results of a confidential survey conducted

13 by the Secretary of prescribers for military medical

14 treatment facilities and TRICARE contractors to

15 determine—

16 (A) during the most recent fiscal year, how

17 often prescribers attempted to prescribe non-for18 mulary or non-preferred prescription drugs, how

19 often such prescribers were able to do so, and

20 whether covered beneficiaries were able to fill

21 such prescriptions without undue delay;

22 (B) the understanding by prescribers of the

23 reasons that military medical treatment facili24 ties or civilian contractors preferred certain

25 pharmaceuticals to others; and
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1 (C) the impact of any restrictions on access

2 to non-formulary prescriptions on the clinical

3 decisions of the prescribers and the aggregate

4 cost, quality, and accessibility of health care pro5 vided to covered beneficiaries;

6 (3) the operation of the Pharmacy Data Trans7 action Service required by subsection (e) of such sec8 tion 1074g; and

9 (4) any other actions taken by the Secretary to

10 improve management of the pharmacy benefits pro11 gram under such section.

12 (d) STUDY FOR DESIGN OF PHARMACY BENEFIT FOR

13 CERTAIN COVERED BENEFICIARIES.—(1) Not later than

14 April 15, 2001, the Secretary of Defense shall prepare and

15 submit to Congress—

16 (A) a study on a design for a comprehensive

17 pharmacy benefit for covered beneficiaries under

18 chapter 55 of title 10, United States Code, who are

19 entitled to benefits under part A, and enrolled under

20 part B, of title XVIII of the Social Security Act; and

21 (B) an estimate of the costs of implementing and

22 operating such design.

23 (2) The design described in paragraph (1)(A) shall in24 corporate the elements of the pharmacy benefits program
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1 required to be established under section 1074g of title 10,

2 United States Code (as added by subsection (a)).

3 SEC. 722. IMPROVEMENTS TO THIRD-PARTY PAYER COLLEC4 TION PROGRAM.

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

6 amended—

7 (1) in subsection (a)(1)—

8 (A) by striking ‘‘the reasonable costs of’’

9 and inserting ‘‘reasonable charges for’’;

10 (B) by striking ‘‘such costs’’ and inserting

11 ‘‘such charges’’; and

12 (C) by striking ‘‘the reasonable cost of’’ and

13 inserting ‘‘a reasonable charge for’’;

14 (2) by amending subsection (f) to read as follows:

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

16 other administering Secretaries, shall prescribe regulations

17 for the administration of this section. Such regulations shall

18 provide for the computation of reasonable charges for inpa19 tient services, outpatient services, and other health care

20 services. Computation of such reasonable charges may be

21 based on—

22 ‘‘(1) per diem rates;

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

24 ‘‘(3) diagnosis-related groups;
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1 ‘‘(4) rates prescribed under the regulations pre2 scribed to implement sections 1079 and 1086 of this

3 title; or

4 ‘‘(5) such other method as may be appropriate.’’;

5 (3) in subsection (g), by striking ‘‘the costs of’’;

6 and

7 (4) in subsection (h)(1), by striking the first sen8 tence and inserting ‘‘The term ‘third-party payer’

9 means an entity that provides an insurance, medical

10 service, or health plan by contract or agreement, in11 cluding an automobile liability insurance or no fault

12 insurance carrier, and any other plan or program

13 that is designed to provide compensation or coverage

14 for expenses incurred by a beneficiary for health care

15 services or products.’’.

16 SEC. 723. AUTHORITY OF ARMED FORCES MEDICAL EXAM17 INER TO CONDUCT FORENSIC PATHOLOGY

18 INVESTIGATIONS.

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

20 Code, is amended by adding at the end the following new

21 section:
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1 ‘‘§ 130b. Authority of armed forces medical examiner

2 to conduct forensic pathology investiga3 tions

4 ‘‘(a) IN GENERAL.—The Armed Forces Medical Exam5 iner may conduct a forensic pathology investigation, in6 cluding an autopsy, to determine the cause or manner of

7 death of an individual in any case in which—

8 ‘‘(1) the individual was killed, or from any cause

9 died an unnatural death;

10 ‘‘(2) the cause or manner of death is unknown;

11 ‘‘(3) there is reasonable suspicion that the death

12 was by unlawful means;

13 ‘‘(4) the death appears to be from an infectious

14 disease or the result of the effects of a hazardous mate15 rial that may have an adverse effect on the installa16 tion or community in which the individual died or

17 was found dead; or

18 ‘‘(5) the identity of the deceased individual is

19 unknown.

20 ‘‘(b) LIMITATIONS ON AUTHORITY.—(1) The authority

21 provided under subsection (a) may only be exercised with

22 respect to an individual in a case in which—

23 ‘‘(A) the individual died or is found dead at an

24 installation garrisoned by units of the armed forces

25 and under the exclusive jurisdiction of the United

26 States;
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1 ‘‘(B) the individual was, at the time of death, a

2 member of the armed forces on active duty or inactive

3 duty for training or a member of the armed forces

4 who recently retired under chapter 61 of this title and

5 died as a result of an injury or illness incurred while

6 on active duty;

7 ‘‘(C) the individual was a civilian dependent of

8 a member of the armed forces and died or was found

9 dead at a location outside the United States;

10 ‘‘(D) the Armed Forces Medical Examiner deter11 mines, pursuant to an authorized investigation by the

12 Department of Defense of matters involving the death

13 of an individual or individuals, that a factual deter14 mination of the cause or manner of the death of the

15 individual is necessary; or

16 ‘‘(E) pursuant to an authorized investigation

17 being conducted by the Federal Bureau of Investiga18 tion, the National Transportation Safety Board, or

19 other Federal agency, an official of such agency with

20 authority to direct a forensic pathology investigation

21 requests that an investigation be conducted by the

22 Armed Forces Medical Examiner.

23 ‘‘(2) The authority provided in subsection (a) shall be

24 subject to the primary jurisdiction, to the extent exercised,

25 of a State or local government with respect to the conduct
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1 of an investigation or, if outside the United States, of au2 thority exercised under any applicable Status-of-Forces or

3 other international agreement between the United States

4 and the country in which the individual died or was found

5 dead.

6 ‘‘(c) DESIGNATION OF PATHOLOGIST.—The Armed

7 Forces Medical Examiner may designate any qualified pa8 thologist to carry out the authority provided in subsection

9 (a).’’.

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

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

12 end the following:

‘‘130b. Authority of armed forces medical examiner to conduct forensic pathology

investigations.’’.

13 SEC. 724. TRAUMA TRAINING CENTER.

14 (a) START-UP COSTS.—Of the funds authorized to be

15 appropriated in section 301(22) for the Defense Health Pro16 gram, $4,000,000, shall be used for startup costs for a Trau17 ma Training Center to enhance the capability of the Army

18 to train forward surgical teams.

19 (b) AMENDMENT TO EXISTING AUTHORITY.—Section

20 742 of the Strom Thurmond National Defense Authoriza21 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

22 Stat. 2074) is amended to read as follows:
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1 ‘‘SEC. 742. AUTHORIZATION TO ESTABLISH A TRAUMA

2 TRAINING CENTER.

3 ‘‘The Secretary of the Army is hereby authorized to

4 establish a Trauma Training Center in order to provide

5 the Army with a trauma center capable of training forward

6 surgical teams.’’.

7 SEC. 725. STUDY ON JOINT OPERATIONS FOR THE DEFENSE

8 HEALTH PROGRAM.

9 Not later than October 1, 2000, the Secretary of De10 fense shall prepare and submit to Congress a study identi11 fying areas with respect to the Defense Health Program for

12 which joint operations might be increased, including orga13 nization, training, patient care, hospital management, and

14 budgeting. The study shall include a discussion of the merits

15 and feasibility of—

16 (1) establishing a joint command for the Defense

17 Health Program as a military counterpart to the As18 sistant Secretary of Defense for Health Affairs;

19 (2) establishing a joint training curriculum for

20 the Defense Health Program; and

21 (3) creating a unified chain of command and

22 budgeting authority for the Defense Health Program.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 SEC. 801. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR

6 COAL AND COKE.

7 (a) IN GENERAL.—Section 2404 of title 10, United

8 States Code, is amended—

9 (1) in subsection (a)—

10 (A) in the matter preceding paragraph (1),

11 by striking ‘‘petroleum or natural gas’’ and in12 serting ‘‘a defined fuel source’’;

13 (B) in paragraph (1)—

14 (i) by striking ‘‘petroleum market con15 ditions or natural gas market conditions, as

16 the case may be,’’ and inserting ‘‘market

17 conditions for the defined fuel source’’; and

18 (ii) by striking ‘‘acquisition of petro19 leum or acquisition of natural gas, respec20 tively,’’ and inserting ‘‘acquisition of that

21 defined fuel source’’; and

22 (C) in paragraph (2), by striking ‘‘petro23 leum or natural gas, as the case may be,’’ and

24 inserting ‘‘that defined fuel source’’;
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1 (3) in subsection (b), by striking ‘‘petroleum or

2 natural gas’’ in the second sentence and inserting ‘‘a

3 defined fuel source’’;

4 (4) in subsection (c), by striking ‘‘petroleum’’

5 and all that follows through the period and inserting

6 ‘‘a defined fuel source or services related to a defined

7 fuel source by exchange of a defined fuel source or

8 services related to a defined fuel source.’’;

9 (5) in subsection (d)—

10 (A) by striking ‘‘petroleum or natural gas’’

11 in the first sentence and inserting ‘‘a defined fuel

12 source’’; and

13 (B) by striking ‘‘petroleum’’ in the second

14 sentence and all that follows through the period

15 and inserting ‘‘a defined fuel source or services

16 related to a defined fuel source.’’; and

17 (6) by adding at the end the following new sub18 section:

19 ‘‘(f) DEFINED FUEL SOURCES.—In this section, the

20 term ‘defined fuel source’ means any of the following:

21 ‘‘(1) Petroleum.

22 ‘‘(2) Natural gas.

23 ‘‘(3) Coal.

24 ‘‘(4) Coke.’’.
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1 (b) CLERICAL AMENDMENTS.—(1) The heading of such

2 section is amended to read as follows:

3 ‘‘§ 2404. Acquisition of certain fuel sources: authority

4 to waive contract procedures; acquisition

5 by exchange; sales authority’’.

6 (2) The item relating to such section in the table of

7 sections at the beginning of chapter 141 of such title is

8 amended to read as follows:

‘‘2404. Acquisition of certain fuel sources: authority to waive contract procedures;

acquisition by exchange; sales authority.’’.

9 SEC. 802. EXTENSION OF AUTHORITY TO ISSUE SOLICITA10 TIONS FOR PURCHASES OF COMMERCIAL

11 ITEMS IN EXCESS OF SIMPLIFIED ACQUISI12 TION THRESHOLD.

13 Section 4202(e) of the Clinger-Cohen Act of 1996 (divi14 sions D and E of Public Law 104–106; 10 U.S.C. 2304

15 note) is amended by striking ‘‘three years after the date on

16 which such amendments take effect pursuant to section

17 4401(b)’’ and inserting ‘‘January 1, 2002’’.

18 SEC. 803. EXPANSION OF APPLICABILITY OF REQUIREMENT

19 TO MAKE CERTAIN PROCUREMENTS FROM

20 SMALL ARMS PRODUCTION INDUSTRIAL

21 BASE.

22 Section 2473(d) of title 10, United States Code, is

23 amended by adding at the end the following new para24 graphs:
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1 ‘‘(6) M2 machine gun.

2 ‘‘(7) M60 machine gun.’’.

3 SEC. 804. REPEAL OF TERMINATION OF PROVISION OF

4 CREDIT TOWARDS SUBCONTRACTING GOALS

5 FOR PURCHASES BENEFITING SEVERELY

6 HANDICAPPED PERSONS.

7 Section 2410d(c) of title 10, United States Code, is re8 pealed.

9 SEC. 805. EXTENSION OF TEST PROGRAM FOR NEGOTIA10 TION OF COMPREHENSIVE SMALL BUSINESS

11 SUBCONTRACTING PLANS.

12 Subsection (e) of section 834 of the National Defense

13 Authorization Act for Fiscal Years 1990 and 1991 (Public

14 Law 101–189; 15 U.S.C. 637 note) is amended by striking

15 ‘‘2000.’’ and inserting ‘‘2003’’.

16 SEC. 806. FACILITATION OF NATIONAL MISSILE DEFENSE

17 SYSTEM.

18 (a) AUTHORIZATION OF WAIVER OF REQUIREMENT

19 FOR COMPLETION OF INITIAL OT&E BEFORE PRODUCTION

20 BEGINS.—Notwithstanding section 2399(a) of title 10,

21 United States Code, the Secretary of Defense may make a

22 determination to proceed with production of a national

23 missile defense system without regard to whether initial

24 operational testing and evaluation of the system has been

25 completed.
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1 (b) REQUIREMENT FOR COMPLETION OF INITIAL

2 OT&E.—If the Secretary makes such a determination as

3 provided by subsection (a), the Secretary shall ensure that

4 such a national missile defense system successfully com5 pletes an adequate operational test and evaluation as soon

6 as practicable following that determination and before the

7 operational deployment of such system.

8 (c) NOTIFICATION TO CONGRESSIONAL COMMIT9 TEES.—The Secretary shall promptly notify the Committee

10 on Armed Services of the Senate and the Committee on

11 Armed Services of the House of Representatives, in writing,

12 upon making a determination that production of a national

13 missile defense system may be carried out before initial

14 operational testing and evaluation of that system has been

15 completed, as authorized by subsection (a).

16 SEC. 807. OPTIONS FOR ACCELERATED ACQUISITION OF

17 PRECISION MUNITIONS.

18 (a) FINDINGS.—Congress finds the following:

19 (1) Current inventories of many precision muni20 tions of the United States do not meet the require21 ments of the Department of Defense for two Major

22 Theater Wars, and with respect to some precision mu23 nitions, such requirements will not be met even after

24 planned acquisitions are made.
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1 (2) Production lines for certain critical precision

2 munitions have been shut down, and the start-up pro3 duction of replacement precision munitions leaves a

4 critical gap in acquisition of follow-on precision mu5 nitions.

6 (3) Shortages of conventional air-launched cruise

7 missiles and Tomahawk missiles during Operation

8 Allied Force indicate the critical need to maintain ro9 bust inventories of precision munitions.

10 (b) REPORTS.—(1) Not later than 90 days after the

11 date of the enactment of this Act, the Secretary of Defense

12 shall submit to the congressional defense committees a re13 port on the requirements of the Department of Defense for

14 quantities of precision munitions for two Major Theater

15 Wars, and when such requirements will be met for each pre16 cision munition.

17 (2) Not later than March 15, 2000, the Secretary shall

18 submit to the congressional defense committees a report

19 on—

20 (A) the options recommended by the teams

21 formed under subsection (c) for acceleration of acqui22 sition of precision munitions; and

23 (B) a plan for implementing such options.

24 (c) RECOMMENDATIONS FOR OPTIONS.—The Secretary

25 of Defense shall form teams of experts from industry and
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1 the military departments to recommend to the Secretary op2 tions for accelerating the acquisition of precision munitions

3 in order that, with respect to any such munition for which

4 the requirements of the Department of Defense for two

5 Major Theater Wars are not expected to be met by October

6 1, 2002, such requirements may be met for such munitions

7 by such date.

8 SEC. 808. PROGRAM TO INCREASE OPPORTUNITY FOR

9 SMALL BUSINESS INNOVATION IN DEFENSE

10 ACQUISITION PROGRAMS.

11 (a) REQUIREMENT TO IMPLEMENT PROGRAM.—The

12 Secretary of Defense shall implement a program to provide

13 for increased opportunity for small-business concerns to

14 provide innovative technology for acquisition programs of

15 the Department of Defense.

16 (b) ELEMENTS OF PROGRAM.—The program required

17 by subsection (a) shall consist of the following elements:

18 (1) The Secretary shall establish procedures

19 through which small-business concerns may submit

20 challenge proposals to existing components of acquisi21 tion programs of the Department of Defense which

22 shall be designed to encourage small-business concerns

23 to recommend cost-saving and innovative ideas to ac24 quisition program managers.
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1 (2) The Secretary shall establish a challenge pro2 posal review board, the purpose of which shall be to

3 review and make recommendations on the merit and

4 viability of the challenge proposals submitted under

5 paragraph (1). The Secretary shall ensure that such

6 recommendations receive active consideration for in7 corporation into applicable acquisition programs of

8 the Department of Defense at the appropriate point

9 in the acquisition cycle.

10 (c) REPORT.—The Secretary of Defense shall report to

11 Congress annually on the implementation of this section

12 and the progress of providing increased opportunity for

13 small-business concerns to provide innovative technology for

14 acquisition programs of the Department of Defense.

15 (d) SMALL-BUSINESS CONCERN DEFINED.—In this

16 section, the term ‘‘small-business concern’’ has the same

17 meaning as the meaning of such term as used in the Small

18 Business Act (15 U.S.C. 631 et seq.).
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1 TITLE IX—DEPARTMENT OF

2 DEFENSE ORGANIZATION

3 AND MANAGEMENT

4 SEC. 901. LIMITATION ON AMOUNT AVAILABLE FOR CON5 TRACTED ADVISORY AND ASSISTANCE SERV6 ICES.

7 (a) REDUCTION.—From amounts appropriated for the

8 Department of Defense for fiscal year 2000, the total

9 amount obligated for contracted advisory and assistance

10 services may not exceed the amount equal to the sum of the

11 amounts specified in the President’s budget for fiscal year

12 2000 for those services for components of the Department

13 of Defense reduced by $100,000,000.

14 (b) LIMITATION PENDING RECEIPT OF REQUIRED RE15 PORT.—Not more than 90 percent of the amount available

16 to the Department of Defense for fiscal year 2000 for con17 tracted advisory and assistance services (taking into ac18 count the limitation under subsection (a)) may be obligated

19 until the Secretary of Defense submits to Congress the first

20 annual report under section 2212(c) of title 10, United

21 States Code.
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1 SEC. 902. RESPONSIBILITY FOR LOGISTICS AND

2 SUSTAINMENT FUNCTIONS OF THE DEPART3 MENT OF DEFENSE.

4 (a) UNDER SECRETARY OF DEFENSE FOR ACQUISI5 TION AND TECHNOLOGY.—(1) The position of Under Sec6 retary of Defense for Acquisition and Technology in the De7 partment of Defense is hereby redesignated as the Under

8 Secretary of Defense for Acquisition, Technology, and Lo9 gistics. Any reference in any law, regulation, document, or

10 other record of the United States to the Under Secretary

11 of Defense for Acquisition and Technology shall be treated

12 as referring to the Under Secretary of Defense for Acquisi13 tion, Technology, and Logistics.

14 (2) Section 133 of title 10, United States Code, is

15 amended—

16 (A) in subsections (a), (b), and (e)(1), by strik17 ing ‘‘Under Secretary of Defense for Acquisition and

18 Technology’’ and inserting ‘‘Under Secretary of De19 fense for Acquisition, Technology, and Logistics’’; and

20 (B) in subsection (b)—

21 (i) by striking ‘‘logistics,’’ in paragraph (2);

22 (ii) by redesignating paragraphs (3) and

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

24 (iii) by inserting after paragraph (2) the

25 following new paragraph (3):
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1 ‘‘(3) establishing policies for logistics, mainte2 nance, and sustainment support for all elements of

3 the Department of Defense;’’.

4 (b) NEW DEPUTY UNDER SECRETARY FOR LOGISTICS

5 AND MATERIEL READINESS.—(1) Chapter 4 of title 10,

6 United States Code, is amended by inserting after section

7 133a the following new section:

8 ‘‘§ 133b. Deputy Under Secretary of Defense for Logis9 tics and Materiel Readiness

10 ‘‘(a) There is a Deputy Under Secretary of Defense for

11 Logistics and Materiel Readiness, appointed from civilian

12 life by the President by and with the advice and consent

13 of the Senate. The Deputy Under Secretary shall be ap14 pointed from among persons with an extensive background

15 in the sustainment of major weapon systems and combat

16 support equipment.

17 ‘‘(b) The Deputy Under Secretary is the principal ad18 viser to the Secretary and the Under Secretary of Defense

19 for Acquisition, Technology, and Logistics on logistics and

20 materiel readiness in the Department of Defense and is the

21 principal logistics official within the senior management

22 of the Department of Defense.

23 ‘‘(c) The Deputy Under Secretary shall perform such

24 duties relating to logistics and materiel readiness as the
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1 Under Secretary of Defense for Acquisition, Technology and

2 Logistics may assign, including—

3 ‘‘(1) prescribing, by authority of the Secretary of

4 Defense, policies and procedures for the conduct of lo5 gistics, maintenance, materiel readiness, and

6 sustainment support in the Department of Defense;

7 ‘‘(2) advising and assisting the Secretary of De8 fense, the Deputy Secretary of Defense, and the Under

9 Secretary of Defense for Acquisition and Technology,

10 and providing guidance to and consulting with the

11 Secretaries of the military departments, with respect

12 to logistics, maintenance, materiel readiness, and

13 sustainment support in the Department of Defense;

14 and

15 ‘‘(3) monitoring and reviewing all logistics,

16 maintenance, materiel readiness, and sustainment

17 support programs in the Department of Defense.’’.

18 (2) Section 5314 of title 5, United States Code, is

19 amended by inserting after the paragraph relating to the

20 Deputy Under Secretary of Defense for Acquisition and

21 Technology the following new paragraph:

22 ‘‘Deputy Under Secretary of Defense for Logis23 tics and Materiel Readiness.’’.

24 (c) REVISIONS TO LAW PROVIDING FOR DEPUTY

25 UNDER SECRETARY FOR ACQUISITION AND TECH-
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1 NOLOGY.—Section 133a(b) of title 10, United States Code,

2 is amended—

3 (1) by striking ‘‘his duties’’ in the first sentence

4 and inserting ‘‘the Under Secretary’s duties relating

5 to acquisition and technology’’; and

6 (2) by striking the second sentence.

7 (d) CONFORMING AMENDMENTS TO CHAPTER 4.—

8 Chapter 4 of such title is further amended as follows:

9 (1) Sections 131(b)(2), 134(c), 137(b), and

10 139(b) are amended by striking ‘‘Under Secretary of

11 Defense for Acquisition and Technology’’ each place it

12 appears and inserting ‘‘Under Secretary of Defense

13 for Acquisition, Technology, and Logistics’’.

14 (2) The heading of section 133 is amended to

15 read as follows:

16 ‘‘§ 133. Under Secretary of Defense for Acquisition,

17 Technology, and Logistics’’.

18 (3) The table of sections at the beginning of the

19 chapter is amended—

20 (A) by striking the item relating to section

21 133 and inserting the following:

‘‘133. Under Secretary of Defense for Acquisition, Technology, and Logistics.’’;

22 and

23 (B) by inserting after the item relating to

24 section 133a the following new item:

‘‘133b. Deputy Under Secretary of Defense for Logistics and Materiel Readiness.’’.
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1 (e) ADDITIONAL CONFORMING AMENDMENTS.—Section

2 5313 of title 5, United States Code, is amended by striking

3 ‘‘Under Secretary of Defense for Acquisition and Tech4 nology’’ and inserting ‘‘Under Secretary of Defense for Ac5 quisition, Technology, and Logistics’’.

6 SEC. 903. MANAGEMENT HEADQUARTERS AND HEAD7 QUARTERS SUPPORT ACTIVITIES.

8 (a) REVISION TO DEFENSE DIRECTIVE RELATING TO

9 MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUP10 PORT ACTIVITIES.—Not later than October 1, 2000, the Sec11 retary of Defense shall issue a revision to Department of

12 Defense Directive 5100.73, entitled ‘‘Department of Defense

13 Management Headquarters and Headquarters Support Ac14 tivities’’, so as to incorporate in that directive the following:

15 (1) A threshold specified by command (or other

16 organizational element) such that any headquarters

17 activity below the threshold is not considered for the

18 purpose of the directive to be a management head19 quarters or headquarters support activity.

20 (2) A definition of the term ‘‘management head21 quarters and headquarters support activities’’ that

22 (A) is based upon function (rather than organiza23 tion), and (B) includes any activity (other than an

24 operational activity) that reports directly to such an

25 activity.
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1 (3) Uniform application of those definitions

2 throughout the Department of Defense.

3 (b) TECHNICAL AMENDMENTS TO UPDATE LIMITATION

4 ON OSD PERSONNEL.—Effective October 1, 1999, section

5 143 of title 10, United States Code, is amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘Effective October 1, 1999,

8 the’’ and inserting ‘‘The’’; and

9 (B) by striking ‘‘75 percent of the baseline

10 number’’ and inserting ‘‘3,767’’.

11 (2) by striking subsections (b), (c), and (f); and

12 (3) by redesignating subsections (d) and (e) as

13 subsections (b) and (c), respectively.

14 SEC. 904. FURTHER REDUCTIONS IN DEFENSE ACQUISI15 TION AND SUPPORT WORKFORCE.

16 (a) REDUCTION OF DEFENSE ACQUISITION AND SUP17 PORT WORKFORCE.—The Secretary of Defense shall accom18 plish reductions in defense acquisition and support per19 sonnel positions during fiscal year 2000 so that the total

20 number of such personnel as of October 1, 2000, is less than

21 the total number of such personnel as of October 1, 1999,

22 by at least 25,000.

23 (b) DEFENSE ACQUISITION AND SUPPORT PERSONNEL

24 DEFINED.—For purposes of this section, the term ‘‘defense

25 acquisition and support personnel’’ means military and ci-
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1 vilian personnel (other than civilian personnel who are em2 ployed at a maintenance depot) who are assigned to, or em3 ployed in, acquisition organizations of the Department of

4 Defense (as specified in Department of Defense Instruction

5 numbered 5000.58 dated January 14, 1992), and any other

6 organizations which the Secretary may determine to have

7 a predominantly acquisition mission.

8 SEC. 905. CENTER FOR THE STUDY OF CHINESE MILITARY

9 AFFAIRS.

10 (a) FINDINGS.—The Congress finds the following:

11 (1) The strategic relationship between the United

12 States and the People’s Republic of China will be very

13 important for future peace and security, not only in

14 the Asia-Pacific region but around the world.

15 (2) The United States does not view China as an

16 enemy, nor consider that the coming century nec17 essarily will see a new great power competition be18 tween the two nations.

19 (3) The end of the cold war has eliminated what

20 had been the one fundamental common strategic in21 terest of the United States and China, that of con22 taining the Soviet Union.

23 (4) The sustained economic rise, stated geo24 political ambitions, and increasingly confrontational

25 actions of China cast doubt on whether the United
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1 States will be able to form a satisfactory strategic

2 partnership with the People’s Republic of China and

3 will pose challenges that will require careful manage4 ment in order to preserve peace and protect the na5 tional security interests of the United States.

6 (5) The ability of the Department of Defense,

7 and the United States Government more generally, to

8 develop sound security and military strategies is

9 hampered by a limited understanding of Chinese stra10 tegic goals and military capabilities. The low priority

11 accorded the study of Chinese strategic and military

12 affairs within the Government and within the aca13 demic community has contributed to this limited un14 derstanding.

15 (6) There is a need for a United States national

16 institute for research and assessment of political, stra17 tegic, and military affairs in the People’s Republic of

18 China. Such an institute should be capable of pro19 viding analysis for the purpose of shaping United

20 States military strategy and policy with regard to

21 China and should be readily accessible to senior lead22 ers within the Department of Defense, but should

23 maintain academic and intellectual independence so

24 that that analysis is not first shaped by policy.
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1 (b) ESTABLISHMENT OF CENTER FOR THE STUDY OF

2 CHINESE MILITARY AFFAIRS.—(1) Chapter 108 of title 10,

3 United States Code, is amended by adding at the end the

4 following new section:

5 ‘‘§ 2166. National Defense University: Center for the

6 Study of Chinese Military Affairs

7 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense

8 shall establish a Center for the Study of Chinese Military

9 Affairs (hereinafter in this section referred to as the ‘Cen10 ter’) as part of the National Defense University. The Center

11 shall be organized as an independent institute under the

12 University.

13 ‘‘(2) The Director of the Center shall be appointed by

14 the Secretary of Defense. The Secretary shall appoint as the

15 Director an individual who is a distinguished scholar of

16 proven academic, management, and leadership credentials

17 with a superior record of achievement and publication re18 garding Chinese political, strategic, and military affairs.

19 ‘‘(b) MISSION.—The mission of the Center is to study

20 the national goals and strategic posture of the People’s Re21 public of China and the ability of that nation to develop,

22 field, and deploy an effective military instrument in sup23 port of its national strategic objectives.

24 ‘‘(c) AREAS OF STUDY.—The Center shall conduct re25 search relating to the People’s Republic of China as follows:
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1 ‘‘(1) To assess the potential of that nation to act

2 as a global great power, the Center shall conduct re3 search that considers the policies and capabilities of

4 that nation in a regional and world-wide context, in5 cluding Central Asia, Southwest Asia, Europe, and

6 Latin America, as well as the Asia-Pacific region.

7 ‘‘(2) To provide a fuller assessment of the areas

8 of study referred to in paragraph (1), the Center shall

9 conduct research on—

10 ‘‘(A) economic trends relative to strategic

11 goals and military capabilities;

12 ‘‘(B) strengths and weaknesses in the sci13 entific and technological sector; and

14 ‘‘(C) relevant demographic and human re15 source factors on progress in the military sphere.

16 ‘‘(3) The Center shall conduct research on the

17 armed forces of the People’s Republic of China, taking

18 into account the character of those armed forces and

19 their role in Chinese society and economy, the degree

20 of their technological sophistication, and their organi21 zational and doctrinal concepts. That research shall

22 include inquiry into the following matters:

23 ‘‘(A) Concepts concerning national interests,

24 objectives, and strategic culture.
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1 ‘‘(B) Grand strategy, military strategy,

2 military operations, and tactics.

3 ‘‘(C) Doctrinal concepts at each of the four

4 levels specified in subparagraph (B).

5 ‘‘(D) The impact of doctrine on China’s

6 force structure choices.

7 ‘‘(E) The interaction of doctrine and force

8 structure at each level to create an integrated

9 system of military capabilities through procure10 ment, officer education, training, and practice

11 and other similar factors.

12 ‘‘(d) FACULTY OF THE CENTER.—(1) The core faculty

13 of the Center should comprise scholars capable of providing

14 diverse perspectives on Chinese political, strategic, and

15 military thought. Center scholars shall demonstrate the fol16 lowing competencies and capabilities:

17 ‘‘(A) Analysis of national strategy, military

18 strategy, and doctrine.

19 ‘‘(B) Analysis of force structure and military ca20 pabilities.

21 ‘‘(C) Analysis of—

22 ‘‘(i) issues relating to weapons of mass de23 struction, military intelligence, defense econom24 ics, trade, and international economics; and
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1 ‘‘(ii) the relationship between those issues

2 and grand strategy, science and technology, the

3 sociology of human resources and demography,

4 and political science.

5 ‘‘(2) A substantial number of Center scholars shall be

6 competent in the Chinese language. The Center shall include

7 a core of junior scholars capable of providing linguistics

8 and translation support to the Center.

9 ‘‘(e) ACTIVITIES OF THE CENTER.—The activities of

10 the Center shall include other elements appropriate to its

11 mission, including the following:

12 ‘‘(1) The Center should include an active con13 ference program with an international reach.

14 ‘‘(2) The Center should conduct an international

15 competition for a Visiting Fellowship in Chinese

16 Military Affairs and Chinese Security Issues. The

17 term of the fellowship should be for one year, renew18 able for a second.

19 ‘‘(3) The Center shall provide funds to support

20 at least one trip per analyst per year to China and

21 the region and to support visits of Chinese military

22 leaders to the Center.

23 ‘‘(4) The Center shall support well defined, dis24 tinguished, signature publications.
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1 ‘‘(5) Center scholars shall have appropriate ac2 cess to intelligence community assessments of Chinese

3 military affairs.

4 ‘‘(f) STUDIES AND REPORTS.—The Director may con5 tract for studies and reports from the private sector to sup6 plement the work of the Center.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘2166. National Defense University: Center for the Study of Chinese Military Affairs.’’.

9 (c) IMPLEMENTATION REPORT.—Not later than Janu10 ary 1, 2000, the Secretary of Defense shall submit to Con11 gress a report stating the timetable and organizational plan

12 for establishing the Center for the Study of Chinese Military

13 Affairs under section 2166 of title 10, United States Code,

14 as added by subsection (b).

15 (d) STARTUP OF CENTER.—The Secretary shall estab16 lish the Center for the Study of Chinese Military Affairs

17 under section 2166 of title 10, United States Code, as added

18 by subsection (b), not later than March 1, 2000, and shall

19 appoint the first Director of the Center not later than June

20 1, 2000.
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1 SEC. 906. RESPONSIBILITY WITHIN OFFICE OF THE SEC2 RETARY OF DEFENSE FOR MONITORING

3 OPTEMPO AND PERSTEMPO.

4 Section 136 of title 10, United States Code, is amended

5 by adding at the end the following new subsection:

6 ‘‘(d) The Under Secretary of Defense for Personnel and

7 Readiness is responsible, subject to the authority, direction,

8 and control of the Secretary of Defense, for the monitoring

9 of the operations tempo and personnel tempo of the armed

10 forces. The Under Secretary shall establish, to the extent

11 practicable, uniform standards within the Department of

12 Defense for terminology and policies relating to deployment

13 of units and personnel away from their assigned duty sta14 tions (including the length of time units or personnel may

15 be away for such a deployment) and shall establish uniform

16 reporting systems for tracking deployments.’’.

17 SEC. 907. REPORT ON MILITARY SPACE ISSUES.

18 (a) REPORT.—The Secretary of Defense shall submit

19 to the Committee on Armed Services of the Senate and the

20 Committee on Armed Services of the House of Representa21 tives a report on United States military space policy. The

22 report shall address current and projected United States ef23 forts to fully exploit space in preparation for possible con24 flicts in 2010 and beyond. The report shall specifically ad25 dress the following:
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1 (1) The general organization of the Department

2 of Defense for addressing space issues, the functions of

3 the various Department of Defense and military agen4 cies, components, and elements with responsibility for

5 military space issues, the practical effect of creating

6 a new military service with responsibility for mili7 tary operations in space, and the advisability of es8 tablishing an Assistant Secretary of Defense for

9 Space.

10 (2) The manner in which current national mili11 tary space policy is incorporated into overall United

12 States national space policy.

13 (3) The manner in which the Department of De14 fense is organized to develop doctrine for the military

15 use of space.

16 (4) The manner in which military space issues

17 are addressed by professional military education in18 stitutions, to include a listing of specific courses of19 fered at those institutions that focuses on military

20 space policy.

21 (5) The manner in which space control issues are

22 incorporated into current and planned experiments

23 and exercises.
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1 (6) The manner in which military space assets

2 are being fully exploited to provide support for

3 United States contingency operations.

4 (7) United States policy toward the use of com5 mercial launch vehicles and facilities for the launch

6 of military assets.

7 (8) The current interagency coordination process

8 regarding the operation of military space assets, in9 cluding identification of interoperability and commu10 nications issues.

11 (9) Policies and procedures for sharing missile

12 launch early warning data with United States allies

13 and friendly countries.

14 (10) Issues regarding the capability to detect

15 threats to United States space assets.

16 (11) The manner in which the presence of space

17 debris is expected to affect United States military

18 space launch policy and the future design of military

19 spacecraft.

20 (12) Whether military space programs should be

21 funded separately from other service programs and

22 whether the Global Positioning System should be

23 funded through a Defense-wide appropriation

24 account.
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1 (b) CLASSIFICATION AND DEADLINE FOR REPORT.—

2 The report required by subsection (a) shall be prepared in

3 both classified and unclassified form and shall be submitted

4 not later than March 1, 2000.

5 SEC. 908. EMPLOYMENT AND COMPENSATION OF CIVILIAN

6 FACULTY MEMBERS OF DEPARTMENT OF DE7 FENSE AFRICAN CENTER FOR STRATEGIC

8 STUDIES.

9 (a) FACULTY.—Subsection (c) of section 1595 of title

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

11 the following new paragraph:

12 ‘‘(6) The African Center for Strategic Studies.’’.

13 (b) DIRECTOR AND DEPUTY DIRECTOR.—Subsection

14 (e) of such section is amended by adding at the end the

15 following new paragraph:

16 ‘‘(4) The African Center for Strategic Studies.’’.

17 SEC. 909. ADDITIONAL MATTERS FOR ANNUAL REPORT ON

18 JOINT WARFIGHTING EXPERIMENTATION.

19 Section 485(b) of title 10, United States Code, is

20 amended by adding at the end the following new para21 graphs:

22 ‘‘(5) With respect to interoperability of equip23 ment and forces, any recommendations that the com24 mander considers appropriate, developed on the basis

25 of joint warfighting experimentation, for reducing un-
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1 necessary redundancy of equipment and forces, in2 cluding guidance regarding the synchronization of the

3 fielding of advanced technologies among the armed

4 forces to enable the development and execution of joint

5 operational concepts.

6 ‘‘(6) Recommendations for mission needs state7 ments and operational requirements related to the

8 joint experimentation and evaluation process.

9 ‘‘(7) Recommendations based on the results of

10 joint experimentation for the relative priorities for ac11 quisition programs to meet joint requirements.’’.

12 TITLE X—GENERAL PROVISIONS

13 Subtitle A—Financial Matters

14 SEC. 1001. TRANSFER AUTHORITY.

15 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

16 Upon determination by the Secretary of Defense that such

17 action is necessary in the national interest, the Secretary

18 may transfer amounts of authorizations made available to

19 the Department of Defense in this division for fiscal year

20 2000 between any such authorizations for that fiscal year

21 (or any subdivisions thereof). Amounts of authorizations so

22 transferred shall be merged with and be available for the

23 same purposes as the authorization to which transferred.
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1 (2) The total amount of authorizations that the Sec2 retary may transfer under the authority of this section may

3 not exceed $2,000,000,000.

4 (b) LIMITATIONS.—The authority provided by this sec5 tion to transfer authorizations—

6 (1) may only be used to provide authority for

7 items that have a higher priority than the items from

8 which authority is transferred; and

9 (2) may not be used to provide authority for an

10 item that has been denied authorization by Congress.

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans12 fer made from one account to another under the authority

13 of this section shall be deemed to increase the amount au14 thorized for the account to which the amount is transferred

15 by an amount equal to the amount transferred.

16 (d) NOTICE TO CONGRESS.—The Secretary shall

17 promptly notify Congress of each transfer made under sub18 section (a).

19 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

20 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

21 Annex prepared by the Committee on Armed Services of the

22 House of Representatives to accompany its report on the

23 bill H.R. 1401 of the One Hundred Sixth Congress and

24 transmitted to the President is hereby incorporated into this

25 Act.
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1 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

2 ACT.—The amounts specified in the Classified Annex are

3 not in addition to amounts authorized to be appropriated

4 by other provisions of this Act.

5 (c) LIMITATION ON USE OF FUNDS.—Funds appro6 priated pursuant to an authorization contained in this Act

7 that are made available for a program, project, or activity

8 referred to in the Classified Annex may only be expended

9 for such program, project, or activity in accordance with

10 such terms, conditions, limitations, restrictions, and re11 quirements as are set out for that program, project, or activ12 ity in the Classified Annex.

13 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

14 President shall provide for appropriate distribution of the

15 Classified Annex, or of appropriate portions of the annex,

16 within the executive branch of the Government.

17 SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY MILI18 TARY PERSONNEL APPROPRIATIONS.

19 There is authorized to be appropriated the amount of

20 $1,838,426,000 appropriated to the Department of Defense

21 for military personnel accounts in section 2012 of the 1999

22 Emergency Supplemental Appropriations Act.
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1 SEC. 1004. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDG2 ET CYCLE FOR THE DEPARTMENT OF DE3 FENSE.

4 Section 1405 of the Department of Defense Authoriza5 tion Act, 1986 (31 U.S.C. 1105 note), is repealed.

6 SEC. 1005. CONSOLIDATION OF VARIOUS DEPARTMENT OF

7 THE NAVY TRUST AND GIFT FUNDS.

8 (a) CONSOLIDATION OF NAVAL ACADEMY GENERAL

9 GIFT FUND AND MUSEUM FUND.—(1) Subsection (a) of sec10 tion 6973 of title 10, United States Code, is amended to

11 read as follows:

12 ‘‘(a)(1) The Secretary of the Navy may accept, hold,

13 administer, and spend gifts and bequests of personal prop14 erty, and loans of personal property other than money,

15 made on the condition that the personal property be used

16 for the benefit of, or in connection with, the Naval Academy

17 or the Naval Academy Museum, its collection, or its serv18 ices.

19 ‘‘(2) Gifts or bequests of money, and the proceeds from

20 the sales of property received as a gift or bequest, shall be

21 deposited in the Treasury in the fund called ‘United States

22 Naval Academy Gift and Museum Fund’. The Secretary

23 may disburse funds deposited under this paragraph for the

24 benefit or use of the Naval Academy or the Naval Academy

25 Museum subject to the terms of the gift or bequest.’’.
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1 (2) Subsection (c) of such section is amended by strik2 ing ‘‘United States Naval Academy general gift fund’’ both

3 places it appears and inserting ‘‘United States Naval Acad4 emy Gift and Museum Fund’’.

5 (3) Such section is further amended by adding at the

6 end the following new subsection:

7 ‘‘(d) The Secretary shall develop written guidelines to

8 be used in determining whether the acceptance of money,

9 personal property, or loans of personal property under sub10 section (a) would—

11 ‘‘(1) reflect unfavorably upon the ability of the

12 Department of the Navy to carry out its responsibil13 ities in a fair and objective manner;

14 ‘‘(2) reflect unfavorably upon the ability of any

15 employee of the Department of the Navy to carry out

16 the employee’s official duties in a fair and objective

17 manner; or

18 ‘‘(3) compromise the integrity, or the appearance

19 of the integrity, of Navy programs or any employee

20 involved in such programs.’’.

21 (b) REPEAL OF NAVAL ACADEMY MUSEUM FUND.—

22 Section 6974 of title 10, United States Code, is repealed.

23 (c) REPEAL OF NAVAL HISTORICAL CENTER FUND.—

24 Section 7222 of such title is repealed.
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1 (d) TRANSFER OF FUNDS.—The Secretary of the Navy

2 shall transfer—

3 (1) all funds in the United States Naval Acad4 emy Museum Fund as of the date of the enactment of

5 this Act to the United States Naval Academy Gift

6 and Museum Fund established by section 6973(a) of

7 title 10, United States Code, as amended by sub8 section (a); and

9 (2) all funds in the Naval Historical Center

10 Fund as of the date of the enactment of this Act to

11 the Department of the Navy General Gift Fund estab12 lished by section 2601(b)(2) of such title.

13 (e) CLERICAL AMENDMENTS.—(1) The table of sections

14 at the beginning of chapter 603 of title 10, United States

15 Code, is amended by striking the item relating to section

16 6974.

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

18 631 of such title is amended by striking the item relating

19 to section 7222.

20 SEC. 1006. BUDGETING FOR OPERATIONS IN YUGOSLAVIA.

21 (a) IN GENERAL.—None of the funds appropriated

22 pursuant to the authorizations of appropriations in this Act

23 may be used for the conduct of combat or peacekeeping oper24 ations in the Federal Republic of Yugoslavia.
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1 (b) SUPPLEMENTAL APPROPRIATIONS REQUEST FOR

2 OPERATIONS IN YUGOSLAVIA.—If the President determines

3 that it is in the national security interest of the United

4 States to conduct combat or peacekeeping operations in the

5 Federal Republic of Yugoslavia during fiscal year 2000, the

6 President shall transmit to the Congress a supplemental ap7 propriations request for the Department of Defense for such

8 amounts as are necessary for the costs of any such oper9 ation.

10 Subtitle B—Naval Vessels and

11 Shipyards

12 SEC. 1011. REVISION TO CONGRESSIONAL NOTICE-AND13 WAIT PERIOD REQUIRED BEFORE TRANSFER

14 OF A VESSEL STRICKEN FROM THE NAVAL

15 VESSEL REGISTER.

16 Section 7306(d) of title 10, United States Code, is

17 amended to read as follows:

18 ‘‘(d) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.—

19 (1) A transfer under this section may not take effect until—

20 ‘‘(A) the Secretary submits to Congress notice of

21 the proposed transfer; and

22 ‘‘(B) 30 days of session of Congress have expired

23 following the date on which the notice is sent to Con24 gress.

25 ‘‘(2) For purposes of paragraph (1)(B)—
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1 ‘‘(A) the period of a session of Congress is broken

2 only by an adjournment of Congress sine die at the

3 end of the final session of a Congress; and

4 ‘‘(B) any day on which either House of Congress

5 is not in session because of an adjournment of more

6 than 3 days to a day certain, or because of an ad7 journment sine die at the end of the first session of

8 a Congress, shall be excluded in the computation of

9 such 30-day period.’’.

10 SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF

11 FORMER NAVAL VESSEL.

12 (a) IN GENERAL.—Subject to subsection (b), the Presi13 dent may consent to the retransfer by the Government of

14 Greece of HS Rodos (ex-USS BOWMAN COUNTY (LST

15 391)) to the USS LST Ship Memorial, Inc., a not-for-profit

16 organization operating under the laws of the State of Penn17 sylvania.

18 (b) CONDITIONS FOR CONSENT.—The President should

19 not exercise the authority under subsection (a) unless the

20 USS LST Memorial, Inc. agrees—

21 (1) to use the vessel for public, nonprofit, mu22 seum-related purposes; and

23 (2) to comply with applicable law with respect

24 to the vessel, including those requirements related to

25 facilitating monitoring by the United States of, and
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1 mitigating potential environmental hazards associ2 ated with, aging vessels, and has a demonstrated fi3 nancial capability to so comply.

4 SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE

5 REQUIREMENTS.

6 (a) REQUIREMENT.—Not later than February, 1, 2000,

7 the Secretary of Defense shall submit to the Committee on

8 Armed Service of the Senate and the Committee on Armed

9 Services of the House of Representatives a report on naval

10 vessel force structure requirements.

11 (b) MATTERS TO BE INCLUDED.— The report shall

12 provide—

13 (1) a statement of the naval vessel force structure

14 required to carry out the National Military Strategy,

15 including that structure required to meet joint and

16 combined warfighting requirements and missions re17 lating to crisis response, overseas presence, and sup18 port to contingency operations; and

19 (2) a statement of the naval vessel force structure

20 that is supported and funded in the President’s budg21 et for fiscal year 2001 and in the current future-years

22 defense program.
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1 SEC. 1014. AUXILIARY VESSELS ACQUISITION PROGRAM

2 FOR THE DEPARTMENT OF DEFENSE.

3 (a) PROGRAM AUTHORIZATION.—(1) Chapter 631 of

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

5 end the following new section:

6 ‘‘§ 7233. Auxiliary vessels: extended lease authority

7 ‘‘(a) AUTHORIZED CONTRACTS.—After September 30,

8 1999, the Secretary of the Navy, subject to subsection (b),

9 may enter into contracts with private United States ship10 yards for the construction of new surface vessels to be long11 term leased by the United States from the shipyard or other

12 private person for any of the following:

13 ‘‘(1) The combat logistics force of the Navy.

14 ‘‘(2) The strategic sealift force of the Navy.

15 ‘‘(3) Other auxiliary support vessels for the De16 partment of Defense.

17 ‘‘(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY

18 LAW.—A contract may be entered into under subsection (a)

19 with respect to a specific vessel only if the Secretary is spe20 cifically authorized by law to enter into such a contract

21 with respect to that vessel.

22 ‘‘(c) FUNDS FOR CONTRACT PAYMENTS.—The Sec23 retary may make payments for contracts entered into under

24 subsection (a) and under subsection (g) using funds avail25 able for obligation from operation and maintenance ac26 counts during the fiscal year for which the payments are
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1 required to be made. Any such contract shall provide that

2 the United States is not required to make a payment under

3 the contract (other than a termination payment, if re4 quired) before October 1, 2001.

5 ‘‘(d) TERM OF CONTRACT.—In this section, the term

6 ‘long-term lease’ means a lease, bareboat charter, or condi7 tional sale agreement with respect to a vessel the term of

8 which (including any option period) is for a period of 20

9 years or more.

10 ‘‘(e) OPTION TO BUY.—A contract entered into under

11 subsection (a) may include options for the United States

12 to purchase one or more of the vessels covered by the contract

13 at any time during, or at the end of, the contract period

14 (including any option period) upon payment of an amount

15 equal to the lesser of (1) the unamortized portion of the cost

16 of the vessel plus amounts incurred in connection with the

17 termination of the financing arrangements associated with

18 the vessel, or (2) the fair market value of the vessel.

19 ‘‘(f) DOMESTIC CONSTRUCTION.—The Secretary shall

20 require in any contract entered into under this section that

21 each vessel to which the contract applies—

22 ‘‘(1) shall have been constructed in a shipyard

23 within the United States; and

24 ‘‘(2) upon delivery, shall be documented under

25 the laws of the United States.
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1 ‘‘(g) VESSEL OPERATION.—(1) The Secretary shall op2 erate a vessel held by the Secretary under a long-term lease

3 under this section through a contract with a United States

4 domiciled corporation with experience in the operation of

5 vessels for the United States. Any such contract shall be for

6 a term as determined by the Secretary.

7 ‘‘(2) The Secretary may provide a crew for any such

8 vessel using civil service mariners only after an evaluation

9 and competition taking into account—

10 ‘‘(A) the fully burdened cost of a civil service

11 crew over the expected useful life of the vessel;

12 ‘‘(B) the effect on the private sector manpower

13 pool; and

14 ‘‘(C) the operational requirements of the Depart15 ment of the Navy.

16 ‘‘(h) CONTINGENT WAIVER OF OTHER PROVISIONS OF

17 LAW.—A contract authorized by this section may be entered

18 into without regard to section 2401 or 2401a of this title

19 if the Secretary of Defense makes the following findings

20 with respect to that contract:

21 ‘‘(1) The need for the vessels or services to be pro22 vided under the contract is expected to remain sub23 stantially unchanged during the contemplated con24 tract or option period.
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1 ‘‘(2) There is a reasonable expectation that

2 throughout the contemplated contract or option period

3 the Secretary of the Navy (or, if the contract is for

4 services to be provided to, and funded by, another

5 military department, the Secretary of that military

6 department) will request funding for the contract at

7 the level required to avoid contract cancellation.

8 ‘‘(3) The use of such contract or the exercise of

9 such option is in the interest of the national defense.

10 ‘‘(i) SOURCE OF FUNDS FOR TERMINATION LIABIL11 ITY.—If a contract entered into under this section is termi12 nated, the costs of such termination may be paid from—

13 ‘‘(1) amounts originally made available for per14 formance of the contract;

15 ‘‘(2) amounts currently available for operation

16 and maintenance of the type of vessels or services con17 cerned and not otherwise obligated; or

18 ‘‘(3) funds appropriated for those costs.’’.

19 (2) The table of sections at the beginning of such chap20 ter is amended by adding at the end the following new item:

‘‘7233. Auxiliary vessels: extended lease authority.’’.

21 (b) DEFINITION OF DEPARTMENT OF DEFENSE SEA22 LIFT VESSEL.—Section 2218(k)(2) of title 10, United States

23 Code, is amended—
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1 (1) by striking ‘‘that is—’’ in the matter pre2 ceding subparagraph (A) and inserting ‘‘that is any

3 of the following:’’;

4 (2) by striking ‘‘a’’ at the beginning of subpara5 graphs (A), (B), and (E) and inserting ‘‘A’’;

6 (3) by striking ‘‘an’’ at the beginning of sub7 paragraphs (C) and (D) and inserting ‘‘An’’;

8 (4) by striking the semicolon at the end of sub9 paragraphs (A), (B), and (C) and inserting a period;

10 (5) by striking ‘‘; or’’ at the end of subparagraph

11 (D) and inserting a period; and

12 (6) by adding at the end the following new sub13 paragraphs:

14 ‘‘(F) A large medium-speed roll-on/roll-off

15 ship.

16 ‘‘(G) A combat logistics force ship.

17 ‘‘(H) Any other auxiliary support vessel.’’.

18 SEC. 1015. AUTHORITY TO PROVIDE ADVANCE PAYMENTS

19 FOR THE NATIONAL DEFENSE FEATURES

20 PROGRAM.

21 (a) IN GENERAL.—Section 2218 of title 10, United

22 States Code, is amended—

23 (1) by redesignating subsection (k) as subsection

24 (l); and
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1 (2) by inserting after subsection (j) the following

2 new subsection (k):

3 ‘‘(k)(1) The Secretary of Defense, after making a deter4 mination of economic soundness for any proposed offer,

5 may provide advance payments to a contractor by lump

6 sum or annual payments (or a combination thereof) for the

7 following costs associated with inclusion or incorporation

8 of defense features in a commercial vessel:

9 ‘‘(A) Costs to build, procure, and install the de10 fense features in the vessel.

11 ‘‘(B) Costs to periodically maintain and test the

12 defense features on the vessel.

13 ‘‘(C) Any increased costs of operation or any loss

14 of revenue attributable to the inclusion or incorpora15 tion of the defense feature on the vessel.

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

17 terms and conditions of the contract to install and in18 corporate defense features.

19 ‘‘(2) For any contract under which the United States

20 provides advance payments under paragraph (1) for the

21 costs associated with incorporation or inclusion of defense

22 features in a commercial vessel, the contractor shall provide

23 to the United States such security interests, which may in24 clude a preferred mortgage under section 31322 of title 46,

25 on the vessel as the Secretary may prescribe to project the
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1 interests of the United States relating to all costs associated

2 with incorporation or inclusion of defense features in such

3 vessel or vessels.

4 ‘‘(3) The functions of the Secretary under this sub5 section may not be delegated to an officer or employee in

6 a position below the head of the procuring activity, as de7 fined in section 2304(f)(6)(A) of this title.’’.

8 (b) EFFECTIVE DATE.—Subsection (j) of section 2218

9 of title 10, United States Code, as added by subsection (a),

10 shall apply to contracts entered into after September 30,

11 1999.

12 Subtitle C—Matters Relating to

13 Counter Drug Activities

14 SEC. 1021. SUPPORT FOR DETECTION AND MONITORING AC15 TIVITIES IN THE EASTERN PACIFIC OCEAN.

16 (a) OPERATION CAPER FOCUS.—Of the amount au17 thorized to be appropriated by section 301(20) for drug

18 interdiction and counter-drug activities, $6,000,000 shall be

19 available for the purpose of conducting the counter-drug op20 eration known as Caper Focus, which targets the maritime

21 movement of cocaine on vessels in the eastern Pacific Ocean.

22 (b) FUNDS FOR CONVERSION OF WIDE APERTURE

23 RADAR FACILITY TO OPERATIONAL STATUS.—Of the

24 amount authorized to be appropriated by such section,

25 $17,500,000 shall be available for the purpose of—
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1 (1) converting the Over-The-Horizon Radar fa2 cility known as the Wide Aperture Radar Facility in

3 southern California from a research to operational

4 status; and

5 (2) using the facility on a full-time basis to de6 tect and track both air and maritime drug traffic in

7 the eastern Pacific Ocean and to monitor the inter8 national border in the southwestern United States.

9 (c) CONTRIBUTION OF ASSETS.—The Secretary of the

10 Air Force shall make available for use at the Wide Aperture

11 Radar Facility described in subsection (b) two OTH-B Con12 tinental 100 KW transmitters and necessary spare parts

13 to ensure the conversion of the facility to operational status.

14 (d) TEST AGAINST GO-FAST BOATS.—As part of the

15 conversion of the Wide Aperture Radar Facility described

16 in subsection (b) to operational status, the Secretary of De17 fense shall evaluate the ability of the facility to detect and

18 track the high-speed maritime vessels typically used in the

19 transportation of illegal drugs by water.

20 (e) PROGRESS REPORT.—Not later than April 15,

21 2000, the Secretary of Defense shall submit a report to Con22 gress evaluating the effectiveness of the Wide Aperture

23 Radar Facility described in subsection (b) in counter-drug

24 detection monitoring and border surveillance.
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1 SEC. 1022. CONDITION ON DEVELOPMENT OF FORWARD OP2 ERATING LOCATIONS FOR UNITED STATES

3 SOUTHERN COMMAND COUNTER-DRUG DE4 TECTION AND MONITORING FLIGHTS.

5 None of the funds appropriated or otherwise made

6 available to the Department of Defense for any fiscal year

7 may be obligated or expended for the purpose of improving

8 the physical infrastructure at any proposed forward oper9 ating location outside the United States from which the

10 United States Southern Command may conduct counter11 drug detection and monitoring flights until a formal agree12 ment regarding the extent and use of, and host nation sup13 port for, the forward operating location is executed by both

14 the host nation and the United States.

15 SEC. 1023. UNITED STATES MILITARY ACTIVITIES IN CO16 LOMBIA.

17 Section 1033(f) of the National Defense Authorization

18 Act for Fiscal Year 1998 (Public Law 105–85; 111 U.S.C.

19 1881) is amended—

20 (1) by redesignating paragraph (4) as para21 graph (5) and, in such paragraph, by striking ‘‘Na22 tional Security’’ and inserting ‘‘Armed Services’’; and

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

25 ‘‘(4) Not later than January 1 of each year, the Sec26 retary shall submit to the congressional committees a report
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1 detailing the number of United States military personnel

2 deployed or otherwise assigned to duty in Colombia at any

3 time during the preceding year, the length and purpose of

4 the deployment or assignment, and the costs and force pro5 tection risks associated with such deployments and assign6 ments.’’.

7 Subtitle D—Other Matters

8 SEC. 1031. IDENTIFICATION IN BUDGET MATERIALS OF

9 AMOUNTS FOR DECLASSIFICATION ACTIVI10 TIES AND LIMITATION ON EXPENDITURES

11 FOR SUCH ACTIVITIES.

12 (a) IN GENERAL.—(1) Chapter 9 of title 10, United

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

14 new section:

15 ‘‘§ 229. Amounts for declassification of records

16 ‘‘(a) SPECIFIC IDENTIFICATION IN BUDGET.—The Sec17 retary of Defense shall include in the budget justification

18 materials submitted to Congress in support of the Depart19 ment of Defense budget for any fiscal year (as submitted

20 with the budget of the President under section 1105(a) of

21 title 31) specific identification, as a budgetary line item,

22 of the amounts required to carry out programmed activities

23 during that fiscal year to declassify records pursuant to Ex24 ecutive Order 12958 (50 U.S.C. 435 note), or any successor
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1 Executive order, or to comply with any statutory require2 ment to declassify Government records.’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by adding at the end the following new item:

‘‘229. Amounts for declassification of records.’’.

5 (b) LIMITATION ON EXPENDITURES.—The total

6 amount expended by the Department of Defense during fis7 cal year 2000 to carry out activities to declassify records

8 pursuant to Executive Order 12958 (50 U.S.C. 435 note),

9 or any successor Executive order, or to comply with any

10 statutory requirement to declassify Government records

11 may not exceed $20,000,000.

12 SEC. 1032. NOTICE TO CONGRESSIONAL COMMITTEES OF

13 COMPROMISE OF CLASSIFIED INFORMATION

14 WITHIN DEFENSE PROGRAMS OF THE UNITED

15 STATES.

16 (a) IN GENERAL.—The Secretary of Defense shall no17 tify the committees specified in subsection (c) of any infor18 mation, regardless of its origin, that the Secretary receives

19 that indicates that classified information relating to any

20 defense operation, system, or technology of the United States

21 is being, or may have been, disclosed in an unauthorized

22 manner to a foreign power or an agent of a foreign power.

23 (b) MANNER OF NOTIFICATION.—A notification under

24 subsection (a) shall be provided, in writing, not later than
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1 30 days after the date of the initial receipt of such informa2 tion by the Department of Defense.

3 (c) SPECIFIED COMMITTEES.—The committees referred

4 to in subsection (a) are the Committee on Armed Services

5 of the Senate and the Committee on Armed Service of the

6 House of Representatives.

7 (d) FOREIGN POWER.—For purposes of this section,

8 the terms ‘‘foreign power’’ and ‘‘agent of a foreign power’’

9 have the meanings given those terms in section 101 of the

10 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

11 1801).

12 SEC. 1033. REVISION TO LIMITATION ON RETIREMENT OR

13 DISMANTLEMENT OF STRATEGIC NUCLEAR

14 DELIVERY SYSTEMS.

15 (a) REVISED LIMITATION.—Subsections (a) and (b) of

16 section 1302 of the National Defense Authorization Act for

17 Fiscal Year 1998 (Public Law 105–85) are amended to read

18 as follows:

19 ‘‘(a) FUNDING LIMITATION.—(1) Except as provided

20 in paragraph (2), funds available to the Department of De21 fense may not be obligated or expended for retiring or dis22 mantling, or for preparing to retire or dismantle, any of

23 the following strategic nuclear delivery systems below the

24 specified levels:

25 ‘‘(A) 76 B–52H bomber aircraft.
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1 ‘‘(B) 18 Trident ballistic missile submarines.

2 ‘‘(C) 500 Minuteman III intercontinental bal3 listic missiles.

4 ‘‘(D) 50 Peacekeeper intercontinental ballistic

5 missiles.

6 ‘‘(2) The limitation in paragraph (1) shall cease to

7 apply upon a certification by the President to Congress of

8 the following:

9 ‘‘(A) That the effectiveness of the United States

10 strategic deterrent will not be decreased by reductions

11 in strategic nuclear delivery systems.

12 ‘‘(B) That the requirements of the Single Inte13 grated Operational Plan can be met with a reduced

14 number of strategic nuclear delivery systems.

15 ‘‘(C) That reducing the number of strategic nu16 clear delivery systems will not, in the judgment of the

17 President, provide a disincentive for Russia to ratify

18 the START II treaty or serve to undermine future

19 arms control negotiations.

20 ‘‘(3) If the Presidents submits the certification de21 scribed in paragraph (2), then effective upon the submission

22 of that certification, funds available to the Department of

23 Defense may not be obligated or expended to maintain a

24 United States force structure of strategic nuclear delivery

25 systems with a total capacity in warheads that is less than
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1 98 percent of the 6,000 warhead limitation applicable to

2 the United States and in effect under the Strategic Arms

3 Reduction Treaty.

4 ‘‘(b) WAIVER AUTHORITY.—If the START II treaty

5 enters into force, the President may waive the application

6 of the limitation in effect under paragraph (1) or (3) of

7 subsection (a), as the case may be, to the extent that the

8 President determines such a waiver to be necessary in order

9 to implement the treaty.’’.

10 (b) COVERED SYSTEMS.—(1) Subsection (e) of such

11 section is amended to read as follows:

12 ‘‘(e) STRATEGIC NUCLEAR DELIVERY SYSTEMS DE13 FINED.—For purposes of this section, the term ‘strategic nu14 clear delivery systems’ means the following:

15 ‘‘(1) B–52H bomber aircraft.

16 ‘‘(2) Trident ballistic missile submarines.

17 ‘‘(3) Minuteman III intercontinental ballistic

18 missiles.

19 ‘‘(4) Peacekeeper intercontinental ballistic mis20 siles.’’.

21 (2) Subsection (c)(2) of such section is amended by

22 striking ‘‘specified in subsection (a)’’.

23 (c) CONFORMING AMENDMENTS.—Such section is fur24 ther amended—
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1 (1) in subsection (c)(2), by striking ‘‘during the

2 strategic delivery systems retirement limitation pe3 riod’’ and inserting ‘‘during the fiscal year during

4 which the START II Treaty enters into force’’; and

5 (2) by striking subsection (g).

6 SEC. 1034. ANNUAL REPORT BY CHAIRMAN OF JOINT

7 CHIEFS OF STAFF ON THE RISKS IN EXE8 CUTING THE MISSIONS CALLED FOR UNDER

9 THE NATIONAL MILITARY STRATEGY.

10 Section 153 of title 10, United States Code, is amended

11 by adding at the end the following new subsection:

12 ‘‘(c) RISKS UNDER NATIONAL MILITARY STRATEGY.—

13 (1) Not later than January 1 each year, the Chairman shall

14 submit to the Secretary of Defense a report providing the

15 Chairman’s assessment of the nature and magnitude of the

16 strategic and military risks associated with executing the

17 missions called for under the current National Military

18 Strategy.

19 ‘‘(2) The Secretary shall forward the report received

20 under paragraph (1) in any year, with the Secretary’s com21 ments thereon (if any), to Congress with the Secretary’s

22 next transmission to Congress of the annual Department

23 of Defense budget justification materials in support of the

24 Department of Defense component of the budget of the Presi25 dent submitted under section 1105 of title 31 for the next
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1 fiscal year. If the Chairman’s assessment in such report in

2 any year is that risk associated with executing the missions

3 called for under the National Military Strategy is signifi4 cant, the Secretary shall include with the report as sub5 mitted to Congress the Secretary’s plan for mitigating that

6 risk.’’.

7 SEC. 1035. REQUIREMENT TO ADDRESS UNIT OPERATIONS

8 TEMPO AND PERSONNEL TEMPO IN DEPART9 MENT OF DEFENSE ANNUAL REPORT.

10 (a) REPORTING REQUIREMENTS.—Chapter 23 of title

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

12 the following new section:

13 ‘‘§ 486. Unit operations tempo and personnel tempo:

14 annual report

15 ‘‘(a) INCLUSION IN ANNUAL REPORT.—The Secretary

16 of Defense shall include in the annual report required by

17 section 113(c) of this title a description of the operations

18 tempo and personnel tempo of the armed forces.

19 ‘‘(b) SPECIFIC REPORTING REQUIREMENTS.—To sat20 isfy subsection (a), the report shall include the following:

21 ‘‘(1) A description of the methods by which each

22 of the armed forces measures operations tempo and

23 personnel tempo.
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1 ‘‘(2) A description of the personnel tempo poli2 cies of each of the armed forces and any changes to

3 these policies since the preceding report.

4 ‘‘(3) A table depicting the active duty end

5 strength for each of the armed forces for each of the

6 preceding five years and also depicting the number of

7 members of each of the armed forces deployed over the

8 same period, as determined by the Secretary con9 cerned.

10 ‘‘(4) An identification of the active and reserve

11 component units of the armed forces participating at

12 the battalion, squadron, or an equivalent level (or a

13 higher level) in contingency operations, major train14 ing events, and other exercises and contingencies of

15 such a scale that the exercises and contingencies re16 ceive an official designation, that were conducted dur17 ing the period covered by the report and the duration

18 of their participation.

19 ‘‘(5) For each of the armed forces, the average

20 number of days a member of that armed force was de21 ployed away from the member’s home station during

22 the period covered by the report as compared to recent

23 previous years for which such information is avail24 able.
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1 ‘‘(6) For each of the armed forces, the number of

2 days that high demand, low density units (as defined

3 by the Chairman of the Joint Chiefs of Staff) were de4 ployed during the period covered by the report, and

5 whether these units met the force goals for limiting

6 deployments, as described in the personnel tempo poli7 cies applicable to that armed force.

8 ‘‘(c) DEFINITIONS.—In this section:

9 ‘‘(1) The term ‘operations tempo’ means the rate

10 at which units of the armed forces are involved in all

11 military activities, including contingency operations,

12 exercises, and training deployments.

13 ‘‘(2) The term ‘personnel tempo’ means the

14 amount of time members of the armed forces are en15 gaged in their official duties, including the rate at

16 which members are required, as a result of these du17 ties, to spend nights away from home.

18 ‘‘(3) The term ‘armed forces’ does not include the

19 Coast Guard when it is not operating as a service in

20 the Department of the Navy.’’.

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

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

23 end the following new item:

‘‘486. Unit operations tempo and personnel tempo: annual report.’’.
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1 SEC. 1036. PRESERVATION OF CERTAIN DEFENSE REPORT2 ING REQUIREMENTS.

3 Section 3003(a)(1) of the Federal Reports Elimination

4 and Sunset Act of 1995 (31 U.S.C. 1113 note) does not

5 apply to any report required to be submitted under any

6 of the following provisions of law:

7 (1) The following sections of title 10, United

8 States Code: sections 113, 115a, 116, 139(f), 221, 226,

9 401(d), 667, 2011(e), 2391(c), 2431(a), 2432, 2457(d),

10 2537, 2662(b), 2706(b), 2861, 2902(g)(2), 4542(g)(2),

11 7424(b), 7425(b), 10541, 10542, and 12302(d).

12 (2) Sections 301a(f) and 1008 of title 37, United

13 States Code.

14 (3) Sections 11 and 14 of the Strategic and Crit15 ical Materials Stock Piling Act (50 U.S.C. 98h–2,

16 98h–5).

17 (4) Section 4(a) of Public Law 85–804 (50

18 U.S.C. 1434(a)).

19 (5) Section 10(g) of the Military Selective Serv20 ice Act (50 U.S.C. App. 460(g)).

21 (6) Section 3134 of the National Defense Author22 ization Act, Fiscal Year 1991 (42 U.S.C. 7274c).

23 (7) Section 822(b) of the National Defense Au24 thorization Act for Fiscal Years 1992 and 1993 (42

25 U.S.C. 6687(b)).
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1 (8) Section 1097 of the National Defense Author2 ization Act for Fiscal Years 1992 and 1993 (22

3 U.S.C. 2751 note).

4 (9) Sections 208, 901(b)(2), and 1211 of the Mer5 chant Marine Act, 1936 (46 App. U.S.C. 1118,

6 1241(b)(2), 1291).

7 (10) Section 12 of the Act of March 9, 1920

8 (popularly known as the ‘‘Suits in Admiralty Act’’)

9 (46 App. U.S.C. 752).

10 SEC. 1037. TECHNICAL AND CLERICAL AMENDMENTS.

11 (a) TITLE 10, UNITED STATES CODE.—Title 10,

12 United States Code, is amended as follows:

13 (1) Section 136(a) is amended by inserting ‘‘ad14 vice and’’ after ‘‘by and with the’’.

15 (2) Section 180(d) is amended by striking

16 ‘‘grade GS–18 of the General Schedule under section

17 5332 of title 5’’ and inserting ‘‘Executive Schedule

18 Level IV under section 5376 of title 5’’.

19 (3) Section 192(d) is amended by striking ‘‘the

20 date of the enactment of this subsection’’ and insert21 ing ‘‘October 17, 1998’’.

22 (4) Section 374(b) is amended—

23 (A) in paragraph (1), by aligning subpara24 graphs (C) and (D) with subparagraphs (A) and

25 (B); and
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1 (B) in paragraph (2)(F), by striking the

2 second semicolon at the end of clause (i).

3 (5) Section 664(i)(2)(A) is amended by striking

4 ‘‘the date of the enactment of this subsection’’ and in5 serting ‘‘February 10, 1996’’.

6 (6) Section 777(d)(1) is amended by striking

7 ‘‘may not exceed’’ and all that follows and inserting

8 ‘‘may not exceed 35.’’.

9 (7) Section 977(d)(2) is amended by striking

10 ‘‘the lesser of’’ and all that follows through ‘‘(B)’’.

11 (8) Section 1073 is amended by inserting ‘‘(42

12 U.S.C. 14401 et seq.)’’ before the period at the end of

13 the second sentence.

14 (9) Section 1076a(j)(2) is amended by striking

15 ‘‘1 year’’ and inserting ‘‘one year’’.

16 (10) Section 1370(d) is amended—

17 (A) in paragraph (1), by striking ‘‘chapter

18 1225’’ and inserting ‘‘chapter 1223’’; and

19 (B) in paragraph (5), by striking ‘‘the date

20 of the enactment of this paragraph’’ and insert21 ing ‘‘October 17, 1998,’’.

22 (11) Section 1401a(b)(2) is amended—

23 (A) by striking ‘‘MEMBERS’’ and all that

24 follows through ‘‘The Secretary shall’’ and insert25 ing ‘‘MEMBERS.—The Secretary shall’’;
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1 (B) by striking subparagraphs (B) and (C);

2 and

3 (C) by redesignating clauses (i) and (ii) as

4 subparagraphs (A) and (B) and realigning those

5 subparagraphs, as so redesignated, so as to be in6 dented four ems from the left margin.

7 (12) Section 1406(i)(2) is amended by striking

8 ‘‘on or after the date of the enactment of the Strom

9 Thurmond National Defense Authorization Act for

10 Fiscal Year 1999’’ and inserting ‘‘after October 16,

11 1998’’.

12 (13) Section 1448(b)(3)(E)(ii) is amended by

13 striking ‘‘on or after the date of the enactment of the

14 subparagraph’’ and inserting ‘‘after October 16,

15 1998,’’.

16 (14) Section 1501(d) is amended by striking

17 ‘‘prescribed’’ in the first sentence and inserting ‘‘de18 scribed’’.

19 (15) Section 1509(a)(2) is amended by striking

20 ‘‘the date of the enactment of the National Defense

21 Authorization Act for Fiscal Year 1998’’ in subpara22 graphs (A) and (B) and inserting ‘‘November 18,

23 1997,’’.

24 (16) Section 1513(1) is amended by striking ‘‘,

25 under the circumstances specified in the last sentence
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1 of section 1509(a) of this title’’ and inserting ‘‘who is

2 required by section 1509(a)(1) of this title to be con3 sidered a missing person’’.

4 (17) Section 2208(l)(2)(A) is amended by insert5 ing ‘‘of’’ after ‘‘during a period’’.

6 (18) Section 2212(f) is amended—

7 (A) in paragraphs (2) and (3), by striking

8 ‘‘after the date of the enactment of this section’’

9 and inserting ‘‘after October 17, 1998,’’; and

10 (B) in paragraphs (2), (3) and (4), by

11 striking ‘‘as of the date of the enactment of this

12 section’’ and inserting ‘‘as of October 17, 1998’’.

13 (19) Section 2302c(b) is amended by striking

14 ‘‘section 2303’’ and inserting ‘‘section 2303(a)’’.

15 (20) Section 2325(a)(1) is amended by inserting

16 ‘‘that occurs after November 18, 1997,’’ after ‘‘of the

17 contractor’’ in the matter that precedes subparagraph

18 (A).

19 (21) Section 2469a(c)(3) is amended by striking

20 ‘‘the date of the enactment of the National Defense

21 Authorization Act for Fiscal Year 1998’’ and insert22 ing ‘‘November 18, 1997’’.

23 (22) Section 2486(c) is amended by striking ‘‘the

24 date of the enactment of the National Defense Author-
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1 ization Act for Fiscal Year 1998,’’ in the second sen2 tence and inserting ‘‘November 18, 1997,’’.

3 (23) Section 2492(b) is amended by striking ‘‘the

4 date of the enactment of this section’’ and inserting

5 ‘‘October 17, 1998’’.

6 (24) Section 2539b(a) is amended by striking

7 ‘‘secretaries of the military departments’’ and insert8 ing ‘‘Secretaries of the military departments’’.

9 (25) Section 2641a is amended—

10 (A) by striking ‘‘, United States Code,’’ in

11 subsection (b)(2); and

12 (B) by striking subsection (d).

13 (26) Section 2692(b) is amended—

14 (A) by striking ‘‘apply to—’’ in the matter

15 preceding paragraph (1) and inserting ‘‘apply to

16 the following:’’;

17 (B) by striking ‘‘the’’ at the beginning of

18 each of paragraphs (1) through (11) and insert19 ing ‘‘The’’;

20 (C) by striking the semicolon at the end of

21 each of paragraphs (1) through (9) and inserting

22 a period; and

23 (D) by striking ‘‘; and’’ at the end of para24 graph (10) and inserting a period.

25 (27) Section 2696 is amended—
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1 (A) in subsection (a), by inserting ‘‘enacted

2 after December 31, 1997,’’ after ‘‘any provision

3 of law’’;

4 (B) in subsection (b)(1), by striking ‘‘re5 quired by paragraph (1)’’ and inserting ‘‘re6 ferred to in subsection (a)’’; and

7 (C) in subsection (e)(4), by striking ‘‘the

8 date of enactment of the National Defense Au9 thorization Act for Fiscal Year 1998’’ and insert10 ing ‘‘November 18, 1997’’.

11 (28) Section 2703(c) is amended by striking

12 ‘‘United States Code,’’.

13 (29) Section 2837(d)(2)(C) is amended by strik14 ing ‘‘the National Defense Authorization Act for Fis15 cal Year 1996’’ and inserting ‘‘this section’’.

16 (30) Section 7315(d)(2) is amended by striking

17 ‘‘the date of the enactment of the National Defense

18 Authorization Act for Fiscal Year 1998’’ and insert19 ing ‘‘November 18, 1997,’’.

20 (31) Section 7902(e)(5) is amended by striking

21 ‘‘, United States Code,’’.

22 (32) The item relating to section 12003 in the

23 table of sections at the beginning of chapter 1201 is

24 amended by inserting ‘‘in an’’ after ‘‘officers’’.
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1 (33) Section 14301(g) is amended by striking ‘‘1

2 year’’ both places it appears and inserting ‘‘one

3 year’’.

4 (34) Section 16131(b)(1) is amended by insert5 ing ‘‘in’’ after ‘‘Except as provided’’

6 (b) PUBLIC LAW 105–261.—Effective as of October 17,

7 1998, and as if included therein as enacted, the Strom

8 Thurmond National Defense Authorization Act for Fiscal

9 Year 1999 (Public Law 105–261; 112 Stat. 1920 et seq.)

10 is amended as follows:

11 (1) Section 402(b) (112 Stat. 1996) is amended

12 by striking the third comma in the first quoted mat13 ter and inserting a period.

14 (2) Section 511(b)(2) (112 Stat. 2007) is amend15 ed by striking ‘‘section 1411’’ and inserting ‘‘section

16 1402’’.

17 (3) Section 513(a) (112 Stat. 2007) is amended

18 by striking ‘‘section 511’’ and inserting ‘‘section

19 512(a)’’.

20 (4) Section 525(b) (112 Stat. 2014) is amended

21 by striking ‘‘subsection (i)’’ and inserting ‘‘subsection

22 (j)’’.

23 (5) Section 568 (112 Stat. 2031) is amended by

24 striking ‘‘1295(c)’’ in the matter preceding paragraph

25 (1) and inserting ‘‘1295b(c)’’.
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1 (6) Section 722(c)(1)(D) (112 Stat. 2067) is

2 amended by striking ‘‘subsection (c)’’ and inserting

3 ‘‘subsection (d)’’.

4 (c) PUBLIC LAW 105–85.—The National Defense Au5 thorization Act for Fiscal Year 1998 (Public Law 105–85)

6 is amended as follows:

7 (1) Section 557(b) (111 Stat. 1750) is amended

8 by inserting ‘‘to’’ after ‘‘with respect’’.

9 (2) Section 563(b) (111 Stat. 1754) is amended

10 by striking ‘‘title’’ and inserting ‘‘subtitle’’.

11 (3) Section 644(d)(2) (111 Stat. 1801) is amend12 ed by striking ‘‘paragraphs (3) and (4)’’ and insert13 ing ‘‘paragraphs (7) and (8)’’.

14 (4) Section 934(b) (111 Stat. 1866) is amended

15 by striking ‘‘of’’ after ‘‘matters concerning’’.

16 (d) OTHER LAWS.—

17 (1) Effective as of April 1, 1996, section 647(b)

18 of the National Defense Authorization Act for Fiscal

19 Year 1996 (Public Law 104–106; 110 Stat. 370) is

20 amended by inserting ‘‘of such title’’ after ‘‘Section

21 1968(a)’’.

22 (2) Section 414 of the National Defense Author23 ization Act for Fiscal Years 1992 and 1993 (Public

24 Law 102–190; 10 U.S.C. 12001 note) is amended—
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1 (A) by striking ‘‘pilot’’ in subsection (a),

2 ‘‘PILOT’’ in the heading of subsection (a), and

3 ‘‘PILOT’’ in the section heading; and

4 (B) in subsection (c)(1)—

5 (i) by striking ‘‘2,000’’ in the first sen6 tence and inserting ‘‘5,000’’; and

7 (ii) by striking the second sentence.

8 (3) Sections 8334(c) and 8422(a)(3) of title 5,

9 United States Code, are each amended in the item for

10 nuclear materials couriers—

11 (A) by striking ‘‘to the day before the date

12 of the enactment of the Strom Thurmond Na13 tional Defense Authorization Act for Fiscal Year

14 1999’’ and inserting ‘‘to October 16, 1998’’; and

15 (B) by striking ‘‘The date of the enactment

16 of the Strom Thurmond National Defense Au17 thorization Act for Fiscal Year 1999’’ and insert18 ing ‘‘October 17, 1998’’.

19 (4) Section 113(b)(2) of title 32, United States

20 Code, is amended by striking ‘‘the date of the enact21 ment of this subsection’’ and inserting ‘‘October 17,

22 1998’’.

23 (5) Section 1007(b) of title 37, United States

24 Code, is amended by striking the second sentence.
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1 (6) Section 845(b)(1) of the National Defense Author2 ization Act for Fiscal Year 1994 (Public Law 103–160; 10

3 U.S.C. 2371 note) is amended by striking ‘‘(e)(2) and (e)(3)

4 of such section 2371’’ and inserting ‘‘(e)(1)(B) and (e)(2)

5 of such section 2371’’.

6 SEC. 1038. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOW7 MENT FUND OF UNITED SERVICE ORGANIZA8 TIONS, INCORPORATED.

9 (a) GRANTS AUTHORIZED.—Subject to subsection (c),

10 the Secretary of Defense may make grants to the United

11 Service Organizations, Incorporated, a federally chartered

12 corporation under chapter 2201 of title 36, United States

13 Code, to contribute funds for the USO’s Spirit of Hope En14 dowment Fund.

15 (b) GRANT INCREMENTS.—The amount of the first

16 grant under subsection (a) may not exceed $2,000,000. The

17 amount of the second grant under such subsection may not

18 exceed $3,000,000, and subsequent grants may not exceed

19 $5,000,000.

20 (c) MATCHING REQUIREMENT.—Each grant under

21 subsection (a) may not be made until after the United Serv22 ice Organizations, Incorporated, certifies to the Secretary

23 of Defense that sufficient funds have been raised from non24 Federal sources for deposit in the Spirit of Hope Endow-
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1 ment Fund to match, on a dollar-for-dollar basis, the

2 amount of that grant.

3 (d) FUNDING.—Of the amount authorized to be appro4 priated by section 301(5) for operation and maintenance

5 for Defense-wide activities, $25,000,000 shall be available

6 to the Secretary of Defense for the purpose of making grants

7 under subsection (a).

8 SEC. 1039. CHEMICAL DEFENSE TRAINING FACILITY.

9 (a) AUTHORITY TO TRANSFER AGENTS.—(1) The Sec10 retary of Defense may transfer to the Attorney General

11 quantities of non-stockpile lethal chemical agents required

12 to support training at the Chemical Defense Training Fa13 cility at the Center for Domestic Preparedness in Fort

14 McClellan, Alabama. The quantity of non-stockpile lethal

15 chemical agents that may be transferred under this section

16 may not exceed that required to support training for emer17 gency first-response personnel in addressing the health, safe18 ty and law enforcement concerns associated with potential

19 terrorist incidents that might involve the use of lethal chem20 ical weapons or agents, or other training designated by the

21 Attorney General.

22 (2) The Secretary of Defense, in coordination with the

23 Attorney General, shall determine the amount of non-stock24 pile lethal chemical agents that shall be transferred under

25 this section. Such amount shall be transferred from quan-
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1 tities of non-stockpile lethal chemical agents that are main2 tained by the Department of Defense for research, develop3 ment, test, and evaluation of chemical defense material and

4 for live-agent training of chemical defense personnel and

5 other individuals by the Department of Defense.

6 (3) The Secretary of Defense may not transfer non7 stockpile lethal chemical agents under this section until—

8 (A) the Chemical Defense Training Facility re9 ferred to in paragraph (1) is transferred from the De10 partment of Defense to the Department of Justice;

11 and

12 (B) the Secretary certifies that the Attorney Gen13 eral is prepared to receive such agents.

14 (4) Quantities of non-stockpile lethal chemical agents

15 transferred under this section shall meet all applicable re16 quirements for transportation, storage, treatment, and dis17 posal of such agents and for any resulting hazardous waste

18 products.

19 (b) ANNUAL REPORT.—The Secretary of Defense, in

20 consultation with Attorney General and the Administrator

21 of the Environmental Protection Agency, shall report annu22 ally to Congress regarding the disposition of non-stockpile

23 lethal chemical agents transferred under this section.

24 (c) NON-STOCKPILE LETHAL CHEMICAL AGENTS.—In

25 this section, the term ‘‘non-stockpile lethal chemical agents’’
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1 includes those chemicals in the possession of the Department

2 of Defense that are not part of the chemical weapons stock3 pile and that are applied to research, medical, pharma4 ceutical, or protective purposes in accordance with Article

5 VI of the Conventional Weapons Convention Treaty.

6 TITLE XI—DEPARTMENT OF

7 DEFENSE CIVILIAN PERSONNEL

8 SEC. 1101. INCREASE OF PAY CAP FOR NONAPPROPRIATED

9 FUND SENIOR EXECUTIVE EMPLOYEES.

10 Section 5373 of title 5, United States Code, is

11 amended—

12 (1) in the first sentence, by striking ‘‘Except as

13 provided’’ and inserting ‘‘(a) Except as provided in

14 subsection (b) and’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(b) Subsection (a) shall not affect the authority of the

18 Secretary of Defense or the Secretary of a military depart19 ment to fix the pay of a civilian employee paid from non20 appropriated funds, except that the annual rate of basic

21 pay (including any portion of such pay attributable to com22 parability with private-sector pay in a locality) of such an

23 employee may not be fixed at a rate greater than the rate

24 for level III of the Executive Schedule.’’.
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1 SEC. 1102. RESTORATION OF LEAVE FOR CERTAIN DEPART2 MENT OF DEFENSE EMPLOYEES WHO DEPLOY

3 TO A COMBAT ZONE OUTSIDE THE UNITED

4 STATES.

5 Section 6304(d) of title 5, United States Code, is

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

7 ‘‘(4)(A) For purposes of this subsection, the deployment

8 of an emergency essential employee of the Department of

9 Defense to a combat zone outside the United States shall

10 be deemed an exigency of the public business, and any leave

11 that is lost by an employee as a result of such deployment

12 (regardless of whether such leave was scheduled) shall be—

13 ‘‘(i) restored to the employee; and

14 ‘‘(ii) credited and available in accordance with

15 paragraph (2).

16 ‘‘(B) For purposes of this paragraph, the term ‘Depart17 ment of Defense emergency essential employee’—

18 ‘‘(i) means a civilian employee of the Depart19 ment of Defense, including a nonappropriated fund

20 instrumentality employee (as defined by section

21 1587(a)(1) of title 10) whose assigned duties and re22 sponsibilities would be necessary during a period that

23 follows the evacuation of nonessential personnel dur24 ing a declared emergency or the outbreak of combat

25 operations or war; and
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1 ‘‘(ii) includes an employee who is hired on a

2 temporary or permanent basis.’’.

3 SEC. 1103. EXPANSION OF GUARD-AND-RESERVE PURPOSES

4 FOR WHICH LEAVE UNDER SECTION 6323 OF

5 TITLE 5, UNITED STATES CODE, MAY BE USED.

6 (a) IN GENERAL.—Section 6323 of title 5, United

7 States Code, is amended in the first sentence by inserting

8 ‘‘, inactive-duty training (as defined in section 101 of title

9 37),’’ after ‘‘active duty’’.

10 (b) APPLICABILITY.—The amendment made by sub11 section (a) shall not apply with respect to any inactive12 duty training (as defined in such amendment) occurring

13 before the date of the enactment of this Act.

14 TITLE XII—MATTERS RELATING

15 TO OTHER NATIONS

16 SEC. 1201. REPORT ON STRATEGIC STABILITY UNDER

17 START III.

18 (a) REPORT.—Not later than September 1, 2000, the

19 Secretary of Defense shall submit to the Committee on

20 Armed Services of the Senate and the Committee on Armed

21 Service of the House of Representatives a report, to be pre22 pared by the Defense Science Board in consultation with

23 the Director of Central Intelligence, on the strategic sta24 bility of the future nuclear balance between (1) the United
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1 States, and (2) Russia and other potential nuclear adver2 saries.

3 (b) MATTERS TO BE INCLUDED.—The Secretary shall

4 include in the report the following:

5 (1) The policy guidance defining the military6 political objectives of the United States against poten7 tial nuclear adversaries under various nuclear con8 flict scenarios.

9 (2) The target sets and damage goals of the

10 United States against potential nuclear adversaries

11 under various nuclear conflict scenarios and how

12 those target sets and damage goals relate to the

13 achievement of the military-political objectives identi14 fied under paragraph (1).

15 (3) The strategic nuclear force posture of the

16 United States and of Russia that may emerge under

17 a further Strategic Arms Reduction Treaty (referred

18 to as ‘‘START III’’) and how capable the United

19 States forces envisioned under that posture would be

20 for the achievement of the damage goals and the mili21 tary objectives against potential nuclear adversaries

22 referred to in paragraphs (1) and (2).

23 (4) The Secretary’s assessment of (A) whether

24 Russian strategic forces under a START III treaty

25 would, or would not, likely be smaller, more vulner-
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1 able, and less capable of launch-on-tactical-warning

2 than at present, and (B) in light of such assessment,

3 whether incentives for Russia to carry out a first

4 strike against the United States during a future crisis

5 probably would, or would not, be greater than at

6 present under a START III treaty.

7 (5) The Secretary’s assessment of (A) whether

8 China and so-called nuclear rogue states probably

9 will, or will not, remain incapable in the foreseeable

10 future of carrying out a launch-on-tactical-warning

11 and be more vulnerable to United States conventional

12 or nuclear attack than at present, and (B) in light

13 of such assessment, whether incentives for China and

14 nuclear rogue states to carry out a first strike against

15 the United States during a future crisis probably

16 would, or would not, be greater than at present.

17 (6) The Secretary’s assessment of whether

18 asymmetries between the United States and Russia

19 that are favorable to Russia in active and passive de20 fenses may be a significant strategic advantage to

21 Russia under a START III treaty.

22 (7) The Secretary’s assessment of whether

23 asymmetries between the United States and Russia

24 that are highly favorable to Russia in tactical nuclear

25 weapons might erode strategic stability.
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1 (8) The Secretary’s assessment of whether a com2 bination of Russia and China against the United

3 States in a nuclear conflict could erode strategic sta4 bility under a START III treaty.

5 (9) The Secretary’s assessment of whether doc6 trinal asymmetries between the United States and

7 Russia, such as the expansion by Russia of the

8 warfighting role of nuclear weapons while the United

9 States is de-emphasizing the utility and purpose of

10 nuclear weapons, could erode strategic stability.

11 (c) CLASSIFICATION.—The report shall be submitted in

12 classified form and, to the extent possible, in unclassified

13 form.

14 SEC. 1202. ONE-YEAR EXTENSION OF COUNTER15 PROLIFERATION AUTHORITIES FOR SUPPORT

16 OF UNITED NATIONS WEAPONS INSPECTION

17 REGIME IN IRAQ.

18 Effective October 1, 1999, section 1505(f) of the Weap19 ons of Mass Destruction Control Act of 1992 (22 U.S.C.

20 5859a(f)) is amended by striking ‘‘1999’’ and inserting

21 ‘‘2000’’.

22 SEC. 1203. MILITARY-TO-MILITARY CONTACTS WITH CHI23 NESE PEOPLE’S LIBERATION ARMY.

24 (a) PRINCIPLES FOR MILITARY-TO-MILITARY CON25 TACTS.—(1) It is the policy of the United States that mili-
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1 tary-to-military contacts between the United States Armed

2 Forces and the People’s Liberation Army of the People’s Re3 public of China should be based on the principles of reci4 procity and transparency and that those contacts should be

5 managed within the executive branch by the Department

6 of Defense.

7 (2) For purposes of this section—

8 (A) reciprocity is measured by the frequency and

9 purpose of visits, the size of delegations, and similar

10 measures; and

11 (B) transparency is measured by the degree of

12 access to facilities and installations, to military per13 sonnel and units, and to exercises, and similar meas14 ures.

15 (b) LIMITATIONS.—The Secretary of Defense shall re16 quire that members of the People’s Liberation Army (when

17 participating in any such military-to-military contact or

18 otherwise) be excluded from the following:

19 (1) Inappropriate exposure (as determined by

20 the Secretary) to the operational capabilities of the

21 Armed Forces, including the following:

22 (A) Force projection.

23 (B) Nuclear operations.

24 (C) Advanced logistics.
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1 (D) Chemical and biological defense and

2 other capabilities related to weapons of mass de3 struction.

4 (E) Intelligence, surveillance, and recon5 naissance operations.

6 (F) Joint warfighting experiments and

7 other activities related to a transformation in

8 warfare.

9 (G) Military space operations.

10 (H) Other advanced capabilities of the

11 Armed Forces.

12 (2) Arms sales or military-related technology

13 transfers.

14 (3) Release of classified or restricted information.

15 (4) Access to a Department of Defense labora16 tory.

17 (c) CERTIFICATION BY SECRETARY.—The Secretary of

18 Defense may authorize military-to-military contacts with

19 the People’s Liberation Army during any calendar year

20 only after the Secretary submits to the Committee on Armed

21 Services of the Senate and the Committee on Armed Service

22 of the House of Representatives, not earlier than one month

23 before the beginning of that year, a certification in writing

24 that such contacts during that year—
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1 (1) will be conducted in a manner consistent

2 with the principles of reciprocity and transparency;

3 and

4 (2) are in the national security interest of the

5 United States.

6 (d) ANNUAL REPORT.—Not later than June 1 each

7 year, the Secretary of Defense shall submit to the Committee

8 on Armed Services of the Senate and the Committee on

9 Armed Service of the House of Representatives a report pro10 viding the Secretary’s assessment of the current state of

11 military-to-military contacts with the People’s Liberation

12 Army. The report shall include the following:

13 (1) A summary of all such military-to-military

14 contacts during the period since the last such report,

15 including a summary of topics discussed and ques16 tions asked by the Chinese participants in those con17 tacts.

18 (2) A description of the military-to-military con19 tacts scheduled for the next 12-month period and a

20 five-year plan for those contacts.

21 (3) The Secretary’s assessment of the benefits the

22 Chinese expect to gain from those military-to-military

23 contacts.
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1 (4) The Secretary’s assessment of the benefits the

2 Department of Defense expects to gain from those

3 military-to-military contacts.

4 (5) The Secretary’s assessment of how military5 to-military contacts with the People’s Liberation

6 Army fit into the larger security relationship between

7 United States and the People’s Republic of China.

8 SEC. 1204. REPORT ON ALLIED CAPABILITIES TO CON9 TRIBUTE TO MAJOR THEATER WARS.

10 (a) REPORT.—The Secretary of Defense shall prepare

11 a report, in both classified and unclassified form, on the

12 current military capabilities of allied nations to contribute

13 to the successful conduct of the major theater wars as antici14 pated in the Quadrennial Defense Review of 1997.

15 (b) MATTERS TO BE INCLUDED.—The report shall set

16 forth the following:

17 (1) The identity, size, structure, and capabilities

18 of the armed forces of the allies expected to participate

19 in the major theater wars anticipated in the Quad20 rennial Defense Review.

21 (2) The priority accorded in the national mili22 tary strategies and defense programs of the antici23 pated allies to contributing forces to United States-led

24 coalitions in such major theater wars.
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1 (3) The missions currently being conducted by

2 the armed forces of the anticipated allies and the abil3 ity of the allied armed forces to conduct simulta4 neously their current missions and those anticipated

5 in the event of major theater war.

6 (4) Any Department of Defense assumptions

7 about the ability of allied armed forces to deploy or

8 redeploy from their current missions in the event of

9 a major theater war, including any role United

10 States Armed Forces would play in assisting and sus11 taining such a deployment or redeployment.

12 (5) Any Department of Defense assumptions

13 about the combat missions to be executed by such al14 lied forces in the event of major theater war.

15 (6) The readiness of allied armed forces to exe16 cute any such missions.

17 (7) Any risks to the successful execution of the

18 military missions called for under the National Mili19 tary Strategy of the United States related to the ca20 pabilities of allied armed forces.

21 (c) SUBMISSION OF REPORT.—The report shall be sub22 mitted to Congress not later than June 1, 2000.
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1 SEC. 1205. LIMITATION ON FUNDS FOR BOSNIA PEACE2 KEEPING OPERATIONS FOR FISCAL YEAR

3 2000.

4 (a) LIMITATION.—(1) Of the amounts authorized to be

5 appropriated by section 301(24) of this Act for the Overseas

6 Contingency Operations Transfer Fund, no more than

7 $1,824,400,000 may be obligated for incremental costs of

8 the Armed Forces for Bosnia peacekeeping operations.

9 (2) The President may waive the limitation in para10 graph (1) after submitting to Congress the following:

11 (A) The President’s written certification that the

12 waiver is necessary in the national security interests

13 of the United States.

14 (B) The President’s written certification that ex15 ercising the waiver will not adversely affect the readi16 ness of United States military forces.

17 (C) A report setting forth the following:

18 (i) The reasons that the waiver is necessary

19 in the national security interests of the United

20 States.

21 (ii) The specific reasons that additional

22 funding is required for the continued presence of

23 United States military forces participating in,

24 or supporting, Bosnia peacekeeping operations

25 for fiscal year 2000.
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1 (iii) A discussion of the impact on the mili2 tary readiness of United States Armed Forces of

3 the continuing deployment of United States mili4 tary forces participating in, or supporting, Bos5 nia peacekeeping operations.

6 (D) A supplemental appropriations request for

7 the Department of Defense for such amounts as are

8 necessary for the additional fiscal year 2000 costs as9 sociated with United States military forces partici10 pating in, or supporting, Bosnia peacekeeping oper11 ations.

12 (b) BOSNIA PEACEKEEPING OPERATIONS DEFINED.—

13 For the purposes of this section, the term ‘‘Bosnia peace14 keeping operations’’ has the meaning given such term in

15 section 1204(e) of the Strom Thurmond National Defense

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

17 261; 112 Stat. 2112).
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1 TITLE XIII—COOPERATIVE

2 THREAT REDUCTION WITH

3 STATES OF THE FORMER SO4 VIET UNION

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS.

7 (a) SPECIFICATION OF CTR PROGRAMS.—For pur8 poses of section 301 and other provisions of this Act, Coop9 erative Threat Reduction programs are the programs speci10 fied in section 1501(b) of the National Defense Authoriza11 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

12 Stat. 2731; 50 U.S.C. 2362 note).

13 (b) FISCAL YEAR 2000 COOPERATIVE THREAT REDUC14 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis15 cal year 2000 Cooperative Threat Reduction funds’’ means

16 the funds appropriated pursuant to the authorization of ap17 propriations in section 301 for Cooperative Threat Reduc18 tion programs.

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated

20 pursuant to the authorization of appropriations in section

21 301, and any other funds appropriated after the date of

22 the enactment of this Act, for Cooperative Threat Reduction

23 programs shall be available for obligation for three fiscal

24 years.
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1 SEC. 1302. FUNDING ALLOCATIONS.

2 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

3 $444,100,000 authorized to be appropriated to the Depart4 ment of Defense for fiscal year 2000 in section 301(23) for

5 Cooperative Threat Reduction programs, not more than the

6 following amounts may be obligated for the purposes speci7 fied:

8 (1) For strategic offensive arms elimination in

9 Russia, $177,300,000.

10 (2) For strategic nuclear arms elimination in

11 Ukraine, $43,000,000.

12 (3) For activities to support warhead dismantle13 ment processing in Russia, $9,300,000.

14 (4) For security enhancements at chemical weap15 ons storage sites in Russia, $24,600,000.

16 (5) For weapons transportation security in Rus17 sia, $15,200,000.

18 (6) For planning, design, and construction of a

19 storage facility for Russian fissile material,

20 $60,900,000.

21 (7) For weapons storage security in Russia,

22 $90,000,000.

23 (8) For development of a cooperative program

24 with the Government of Russia to eliminate the pro25 duction of weapons grade plutonium at Russian reac26 tors, $20,000,000.
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1 (9) For biological weapons proliferation preven2 tion activities in Russia, $2,000,000.

3 (10) For activities designated as Other Assess4 ments/Administrative Support, $1,800,000.

5 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

6 FUNDS FOR OTHER PURPOSES.—No fiscal year 2000 Coop7 erative Threat Reduction funds may be obligated or ex8 pended for a purpose other than a purpose listed in para9 graphs (1) through (10) of subsection (a) until 30 days after

10 the date that the Secretary of Defense submits to Congress

11 a report on the purpose for which the funds will be obligated

12 or expended and the amount of funds to be obligated or ex13 pended. Nothing in the preceding sentence shall be construed

14 as authorizing the obligation or expenditure of fiscal year

15 2000 Cooperative Threat Reduction funds for a purpose for

16 which the obligation or expenditure of such funds is specifi17 cally prohibited under this title.

18 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

19 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

20 case in which the Secretary of Defense determines that it

21 is necessary to do so in the national interest, the Secretary

22 may obligate amounts appropriated for fiscal year 2000 or

23 any subsequent fiscal year for a purpose listed in any of

24 the paragraphs in subsection (a) in excess of the amount

25 specifically authorized for such purpose. However, the total
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1 amount obligated for Cooperative Threat Reduction pro2 grams for such fiscal year may not, by reason of the use

3 of the authority provided in the preceding sentence, exceed

4 the total amount authorized for such programs for such fis5 cal year.

6 (2) An obligation of funds for a purpose stated in any

7 of the paragraphs in subsection (a) in excess of the specific

8 amount authorized for such purpose may be made using

9 the authority provided in paragraph (1) only after—

10 (A) the Secretary submits to Congress notifica11 tion of the intent to do so together with a complete

12 discussion of the justification for doing so; and

13 (B) 15 days have elapsed following the date of

14 the notification.

15 (3) The Secretary may not, under the authority pro16 vided in paragraph (1), obligate amounts for the purposes

17 stated in any of paragraphs (3) through (10) of subsection

18 (a) in excess of 115 percent of the amount specifically au19 thorized for such purposes.

20 SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED

21 PURPOSES.

22 (a) IN GENERAL.—No fiscal year 2000 Cooperative

23 Threat Reduction funds, and no funds appropriated for Co24 operative Threat Reduction programs after the date of the
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1 enactment of this Act, may be obligated or expended for any

2 of the following purposes:

3 (1) Conducting with Russia any peacekeeping

4 exercise or other peacekeeping-related activity.

5 (2) Provision of housing.

6 (3) Provision of assistance to promote environ7 mental restoration.

8 (4) Provision of assistance to promote job re9 training.

10 (b) LIMITATION WITH RESPECT TO DEFENSE CONVER11 SION ASSISTANCE.—None of the funds appropriated pursu12 ant to this Act, and no funds appropriated to the Depart13 ment of Defense in any other Act enacted after the date of

14 the enactment of this Act, may be obligated or expended

15 for the provision of assistance to Russia or any other state

16 of the former Soviet Union to promote defense conversion.

17 (c) LIMITATION WITH RESPECT TO CONVENTIONAL

18 WEAPONS.—No fiscal year 2000 Cooperative Threat Reduc19 tion funds, and no funds appropriated for Cooperative

20 Threat Reduction programs after the date of the enactment

21 of this Act, may be obligated or expended for elimination

22 of conventional weapons or the delivery vehicles of such

23 weapons.
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1 SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE

2 MATERIAL STORAGE FACILITY.

3 (a) LIMITATIONS ON USE OF FISCAL YEAR 2000

4 FUNDS.—No fiscal year 2000 Cooperative Threat Reduction

5 funds may be used—

6 (1) for construction of a second wing for the stor7 age facility for Russian fissile material referred to in

8 section 1302(6); or

9 (2) for design or planning with respect to such

10 facility until 15 days after the date that the Secretary

11 of Defense submits to Congress notification that Rus12 sia and the United States have signed a written

13 transparency agreement that provides that the United

14 States may verify that material stored at the facility

15 is of weapons origin.

16 (b) LIMITATION ON CONSTRUCTION.—No funds appro17 priated for Cooperative Threat Reduction programs may be

18 used for construction of the storage facility referred to in

19 subsection (a) until the Secretary of Defense submits to

20 Congress the following:

21 (1) A certification that additional capacity is

22 necessary at such facility for storage of Russian

23 weapons-origin fissile material.

24 (2) A detailed cost estimate for a second wing for

25 the facility.
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1 SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL

2 WEAPONS DESTRUCTION.

3 No fiscal year 2000 Cooperative Threat Reduction

4 funds, and no funds appropriated for Cooperative Threat

5 Reduction programs after the date of the enactment of this

6 Act, may be obligated or expended for planning, design, or

7 construction of a chemical weapons destruction facility in

8 Russia.

9 SEC. 1306. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL

10 WEAPONS PROLIFERATION PREVENTION AC11 TIVITIES.

12 No fiscal year 2000 Cooperative Threat Reduction

13 funds may be obligated or expended for biological weapons

14 proliferation prevention activities in Russia until the Sec15 retary of Defense submits to the congressional defense com16 mittees the reports described in sections 1305 and 1308 of

17 the Strom Thurmond National Defense Authorization Act

18 for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2164,

19 2166).

20 SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMIS21 SION OF REPORT AND MULTIYEAR PLAN.

22 No fiscal year 2000 Cooperative Threat Reduction

23 funds may be obligated or expended until the Secretary of

24 Defense submits to Congress—

25 (1) a report describing—
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1 (A) with respect to each purpose listed in

2 section 1302, whether the Department of Defense

3 is the appropriate executive agency to carry out

4 Cooperative Threat Reduction programs for such

5 purpose, and if so, why; and

6 (B) for any purpose that the Secretary de7 termines is not appropriately carried out by the

8 Department of Defense, a plan for migrating re9 sponsibility for carrying out such purpose to the

10 appropriate agency; and

11 (2) an updated version of the multiyear plan for

12 fiscal year 2000 required to be submitted under sec13 tion 1205 of the National Defense Authorization Act

14 for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

15 2883).

16 SEC. 1308. REQUIREMENT TO SUBMIT REPORT.

17 Not later than December 31, 1999, the Secretary of De18 fense shall submit to Congress a report including—

19 (1) an explanation of the strategy of the Depart20 ment of Defense for encouraging states of the former

21 Soviet Union that receive funds through Cooperative

22 Threat Reduction programs to contribute financially

23 to the threat reduction effort;
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1 (2) a prioritization of the projects carried out by

2 the Department of Defense under Cooperative Threat

3 Reduction programs; and

4 (3) an identification of any limitations that the

5 United States has imposed or will seek to impose, ei6 ther unilaterally or through negotiations with recipi7 ent states, on the level of assistance provided by the

8 United States for each of such projects.

9 SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INI10 TIATIVE.

11 Not later than December 31, 1999, the President shall

12 submit to Congress a report on the Expanded Threat Reduc13 tion Initiative. Such report shall include a description of

14 the plans for ensuring effective coordination between execu15 tive agencies in carrying out the Expanded Threat Reduc16 tion Initiative to minimize duplication of efforts.

17 DIVISION B—MILITARY CON18 STRUCTION AUTHORIZA19 TIONS

20 SEC. 2001. SHORT TITLE.

21 This division may be cited as the ‘‘Military Construc22 tion Authorization Act for Fiscal Year 2000’’.
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1 TITLE XXI—ARMY

2 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations

6 in section 2104(a)(1), the Secretary of the Army may ac7 quire real property and carry out military construction

8 projects for the installations and locations inside the United

9 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama .............................. Redstone Arsenal ....................................... $9,800,000

Alaska .................................. Fort Richardson ........................................ $14,600,000

Fort Wainwright ....................................... $32,500,000

California ............................ Fort Irwin .................................................. $32,400,000

Presidio of Monterey ................................. $7,100,000

Colorado ............................... Fort Carson ................................................ $4,400,000

Peterson Air Force Base ........................... $25,000,000

District of Columbia ........... Fort McNair ............................................... $1,250,000

Walter Reed Medical Center ..................... $6,800,000

Georgia ................................ Fort Benning ............................................. $48,400,000

Fort Stewart .............................................. $71,700,000

Hawaii ................................. Schofield Barracks ..................................... $95,000,000

Kansas ................................. Fort Leavenworth ...................................... $34,100,000

Fort Riley .................................................. $3,900,000

Kentucky .............................. Blue Grass Army Depot ............................ $6,000,000

Fort Campbell ............................................ $39,900,000

Fort Knox ................................................... $1,300,000

Louisiana ............................ Fort Polk .................................................... $6,700,000

Maryland ............................. Fort Meade ................................................. $22,450,000

Massachusetts ...................... Westover Air Reserve Base ........................ $4,000,000

Missouri ............................... Fort Leonard Wood ................................... $27,100,000

New York ............................. Fort Drum ................................................. $23,000,000

North Carolina .................... Fort Bragg ................................................. $125,400,000

Sunny Point Military Ocean Terminal .. $3,800,000

Oklahoma ............................. Fort Sill ..................................................... $33,200,000

McAlester Army Ammunition .................. $16,600,000

Pennsylvania ....................... Carlisle Barracks ....................................... $5,000,000

Letterkenny Army Depot .......................... $3,650,000

South Carolina .................... Fort Jackson .............................................. $7,400,000

Texas .................................... Fort Bliss ................................................... $52,350,000

Fort Hood .................................................. $84,500,000

Virginia ............................... Fort Belvoir ............................................... $3,850,000

Fort Eustis ................................................. $43,800,000

Fort Myer ................................................... $2,900,000

Fort Story .................................................. $8,000,000

Washington .......................... Fort Lewis .................................................. $23,400,000

CONUS Various .................. CONUS Various ........................................ $36,400,000
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Army: Inside the United States—Continued

State Installation or location Amount

Total ................................................... $967,550,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany .............................. Ansbach ...................................................... $21,000,000

Bamberg ..................................................... $23,200,000

Mannheim .................................................. $4,500,000

Korea ................................... Camp Casey ............................................... $31,000,000

Camp Howze .............................................. $3,050,000

Camp Stanley ............................................ $3,650,000

Total ................................................... $86,400,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installation or location Purpose Amount

Korea ............................... Camp Humphreys ......... 60 Units ........... $24,000,000

Virginia ........................... Fort Lee .......................... 97 Units ........... $16,500,000

Total ......... $40,500,000
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2104(a)(5)(A), the Secretary of the Army may car4 ryout architectural and engineering services and construc5 tion design activities with respect to the construction or im6 provement of family housing units in an amount not to

7 exceed $4,300,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in sections 2104(a)(5)(A), the

13 Secretary of the Army may improve existing military fam14 ily housing units in an amount not to exceed $35,400,000.

15 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 1999, for military construction, land acquisition, and mili19 tary family housing functions of the Department of the

20 Army in the total amount of $2,384,417,000 as follows:

21 (1) For military construction projects inside the

22 United States authorized by section 2101(a),

23 $879,550,000.
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1 (2) For the military construction projects outside

2 the United States authorized by section 2101(b),

3 $86,400,000.

4 (3) For unspecified minor construction projects

5 authorized by section 2805 of title 10, United States

6 Code, $9,500,000.

7 (4) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $87,205,000.

10 (5) For military family housing functions:

11 (A) For construction and acquisition, plan12 ning and design and improvement of military

13 family housing and facilities, $80,200,000.

14 (B) For support of military family housing

15 (including the functions described in section

16 2833 of title 10, United States Code),

17 $1,089,812,000.

18 (6) For the construction of the United States

19 Disciplinary Barracks, Fort Leavenworth, Kansas,

20 authorized in section 2101(a) of the Military Con21 struction Authorization Act for Fiscal Year 1998 (di22 vision B of Public Law 105–85; 111 Stat. 1967),

23 $18,800,000.

24 (7) For the construction of the force XXI soldier

25 development center, Fort Hood, Texas, authorized in
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1 section 2101(a) of the Military Construction Author2 ization Act for Fiscal Year 1998 (division B of Public

3 Law 105–85; 111 Stat. 1966), $14,000,000.

4 (8) For the construction of the railhead facility,

5 Fort Hood, Texas, authorized in section 2101(a) of

6 the Military Construction Authorization Act for Fis7 cal Year 1999 (division B of Public Law 105–261;

8 112 Stat. 2182), $14,800,000.

9 (9) For the construction of the cadet development

10 center, United States Military Academy, West Point,

11 New York, authorized in section 2101(a) of the Mili12 tary Construction Authorization Act for Fiscal Year

13 1999 (division B of Public Law 105–261; 112 Stat.

14 2182), $28,500,000.

15 (10) For the construction of the whole barracks

16 complex renewal, Fort Campbell, Kentucky, author17 ized in section 2101(a) of the Military Construction

18 Authorization Act for Fiscal year 1999 (division B of

19 Public Law 105–261; 112 Stat. 2182), $32,000,000.

20 (11) For the construction of the multi-purpose

21 digital training range, Fort Knox, Kentucky, author22 ized in section 2101(a) of the Military Construction

23 Authorization Act for Fiscal Year 1999 (division B of

24 Public Law 105–261; 112 Stat. 2182), $16,000,000.
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1 (12) For the construction of the power plant, Roi

2 Namur Island, Kwajalein Atoll, Kwajalein, author3 ized in section 2101(b) of the Military Construction

4 Authorization Act for Fiscal Year 1999 (division B of

5 Public Law 105–261; 112 Stat. 2183), $35,400,000.

6 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

7 PROJECTS.—Notwithstanding the cost variations author8 ized by section 2853 of title 10, United States Code, and

9 any other cost variation authorized by law, the total cost

10 of all projects carried out under section 2101 of this Act

11 may not exceed—

12 (1) the total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection

14 (a);

15 (2) $46,000,000 (the balance of the amount au16 thorized under section 2101(a) for the construction of

17 the whole barracks complex renewal at Schofield Bar18 racks, Hawaii);

19 (3) $22,000,000 (the balance of the amount au20 thorized under section 2101(a) for the construction of

21 the whole barracks complex renewal at Fort Bragg,

22 North Carolina);

23 (4) $10,000,000 (the balance of the amount au24 thorized under section 2101(a) for the construction of
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1 tank trail erosion mitigation at the Yakima Training

2 Center, Fort Lewis, Washington); and

3 (5) $10,100,000 (the balance of the amount au4 thorized under section 2101(a) for the construction of

5 a tactical equipment shop at Fort Sill, Oklahoma).

6 (c) ADJUSTMENT.—The total amount authorized to be

7 appropriated pursuant to paragraphs (1) through (12) of

8 subsection (a) is the sum of the amounts authorized to be

9 appropriated in such paragraphs reduced by $7,750,000,

10 which represents the combination of project savings in mili11 tary construction resulting from favorable bids, reduced

12 overhead charges, and cancellations due to force structure

13 changes.

14 TITLE XXII—NAVY

15 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

16 ACQUISITION PROJECTS.

17 (a) INSIDE THE UNITED STATES.—Using amounts ap18 propriated pursuant to the authorization of appropriations

19 in section 2204(a)(1), the Secretary of the Navy may ac20 quire real property and carry out military construction

21 projects for the installations and locations inside the United

22 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ................................ Marine Corps Air Station, Yuma ............

Navy Detachment, Camp Navajo .............

$24,220,000

$7,560,000

California ............................ Marine Corps Air-Ground Combat Center, Twentynine Palms ......................... $34,760,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Marine Corps Base, Camp Pendleton ...... $38,460,000

Marine Corps Logistics Base, Barstow .... $4,670,000

Marine Corps Recruit Depot, San Diego $3,200,000

Naval Air Station, Lemoore ..................... $24,020,000

Naval Air Station, North Island .............. $54,420,000

Naval Air Warfare Center, China Lake .. $4,000,000

Naval Air Warfare Center, Corona .......... $7,070,000

Naval Air Warfare Center, Point Magu .. $6,190,000

Naval Hospital, San Diego ...................... $21,590,000

Naval Hospital, Twentynine Palms ........ $7,640,000

Naval Postgraduate School ....................... $5,100,000

Florida ................................. Naval Air Station, Whiting Field, Milton ........................................................... $5,350,000

Naval Station, Mayport ............................ $9,560,000

Georgia ................................ Marine Corps Logistics Base, Albany ..... $6,260,000

Hawaii ................................. Marine Corps Air Station, Kaneohe Bay $5,790,000

Naval Shipyard, Pearl Harbor ................ $10,610,000

Naval Station, Pearl Harbor ................... $18,600,000

Naval Submarine Base, Pearl Harbor .... $29,460,000

Idaho .................................... Naval Surface Warfare Center, Bayview $10,040,000

Illinois ................................. Naval Training Center, Great Lakes ....... $57,290,000

Indiana ................................ Naval Surface Warfare Center, Crone ..... $7,270,000

Maine ................................... Naval Air Station, Brunswick ................. $16,890,000

Maryland ............................. Naval Air Warfare Center, Patuxent

River ....................................................... $4,560,000

Naval Surface Warfare Center, Indian

Head ....................................................... $10,070,000

Mississippi ........................... Naval Air Station, Meridian ................... $7,280,000

Naval Construction Battalion Center

Gulfport .................................................. $19,170,000

Nevada ................................. Naval Air Station, Fallon ........................ $7,000,000

New Jersey ........................... Naval Air Warfare Center Aircraft Division, Lakehurst ...................................... $15,710,000

North Carolina .................... Marine Corps Air Station, New River ....

Marine Corps Base, Camp Lejeune .........

$5,470,000

$21,380,000

Pennsylvania ....................... Navy Ships Parts Control Center, Mechanicsburg ............................................ $2,990,000

Norfolk Naval Shipyard Detachment,

Philadelphia.

$13,320,000

South Carolina .................... Naval Weapons Station, Charleston ........

Marine Corps Air Station, Beaufort .......

$7,640,000

$18,290,000

Texas .................................... Naval Station, Ingleside ........................... $11,780,000

Virginia ............................... Marine Corps Combat Development Command, Quantico ..................................... $20,820,000

Naval Air Station, Oceana ....................... $11,490,000

Naval Shipyard, Norfolk ........................... $17,630,000

Naval Station, Norfolk .............................. $69,550,000

Naval Weapons Station, Yorktown .......... $25,040,000

Tactical Training Group Atlantic, Dam

Neck ........................................................ $10,310,000

Washington .......................... Naval Ordnance Center Pacific Division

Detachment, Port Hadlock ................... $3,440,000

Naval Undersea Warfare Center, Keyport $6,700,000

Puget Sound Naval Shipyard, Bremerton $15,610,000

Strategic Weapons Facility Pacific,

Bremerton .............................................. $6,300,000

Total ................................................... $751,570,000
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain ............................... Administrative Support Unit, ................. $83,090,000

Diego Garcia ....................... Naval Support Facility, Diego Garcia .... $8,150,000

Greece ................................... Naval Support Activity, Souda Bay ....... $6,380,000

Italy ..................................... Naval Support Activity, Naples ............... $26,750,000

Total ................................................... $124,370,000

7 SEC. 2202. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(5)(A), the Secretary of the

11 Navy may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or location Purpose Amount

Hawaii ............................. Marine Corps Air Station,

Kaneohe Bay .................... 100 Units ..... $26,615,000

Naval Base Pearl Harbor ... 133 Units ..... $30,168,000

Naval Base Pearl Harbor ... 96 Units ....... $19,167,000

Total .... $75,950,000

14 (b) PLANNING AND DESIGN.—Using amounts appro15 priated pursuant to the authorization of appropriation in

16 section 2204(a)(5)(A), the Secretary of the Navy may carry

17 out architectural and engineering services and construction
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1 design activities with respect to the construction or im2 provement of military family housing units in an amount

3 not to exceed $17,715,000.

4 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

5 UNITS.

6 Subject to section 2825 of title 10, United States Code,

7 and using amounts appropriated pursuant to the author8 ization of appropriations in section 2204(a)(5)(A), the Sec9 retary of the Navy may improve existing military family

10 housing units in an amount not to exceed $162,350,000.

11 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

12 (a) IN GENERAL.—Funds are hereby authorized to be

13 appropriated for fiscal years beginning after September 30,

14 1999, for military construction, land acquisition, and mili15 tary family housing functions of the Department of the

16 Navy in the total amount of $2,084,107,000 as follows:

17 (1) For military construction projects inside the

18 United States authorized by section 2201(a),

19 $737,910,000.

20 (2) For military construction projects outside the

21 United States authorized by section 2201(b),

22 $124,370,000.

23 (3) For unspecified minor construction projects

24 authorized by section 2805 of title 10, United States

25 Code, $7,342,000.
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1 (4) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $70,010,000.

4 (5) For military family housing functions:

5 (A) For construction and acquisition, plan6 ning and design and improvement of military

7 family housing and facilities, $256,015,000.

8 (B) For support of military housing (in9 cluding functions described in section 2833 of

10 title 10, United States Code), $895,070,000.

11 (6) For the construction of berthing wharf, Naval

12 Station Norfolk, Virginia, authorized by section

13 2201(a) of the Military Construction Authorization

14 Act for Fiscal Year 1999 (division B of Public Law

15 105–261; 112 Stat. 2189), $12,690,000.

16 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and

19 any other cost variation authorized by law, the total cost

20 of all projects carried out under section 2201 of this Act

21 may not exceed—

22 (1) the total amount authorized to be appro23 priated under paragraphs (1) and (2) of subsection

24 (a); and
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1 (2) $13,660,000 (the balance of the amount au2 thorized under section 2201(a) for the construction of

3 a berthing wharf at Naval Air Station, North Island,

4 California).

5 (c) ADJUSTMENT.—The total amount authorized to be

6 appropriated pursuant to paragraphs (1) through (6) of

7 subsection (a) is the sum of the amounts authorized to be

8 appropriated in such paragraphs reduced by $19,300,000,

9 which represents the combination of project savings in mili10 tary construction resulting from favorable bids, reduced

11 overhead charges, and cancellations due to force structure

12 changes.

13 SEC. 2205. AUTHORIZATION TO ACCEPT ELECTRICAL SUB14 STATION IMPROVEMENTS, GUAM.

15 The Secretary of the Navy may accept from the Guam

16 Power Authority various improvements to electrical trans17 formers at the Agana and Harmon Substations in Guam,

18 which are valued at approximately $610,000 and are to be

19 performed in accordance with plans and specifications ac20 ceptable to the Secretary.

21 SEC. 2206. CORRECTION IN AUTHORIZED USE OF FUNDS,

22 MARINE CORPS COMBAT DEVELOPMENT COM23 MAND, QUANTICO, VIRGINIA.

24 The Secretary of the Navy may carry out a military

25 construction project involving infrastructure development
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1 at the Marine Corps Combat Development Command,

2 Quantico, Virginia, in the amount of $8,900,000, using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(1) of the Military Construc5 tion Authorization Act for Fiscal Year 1997 (division B

6 of Public Law 104–201; 110 Stat. 2769) for a military con7 struction project involving a sanitary landfill at that in8 stallation, as authorized by section 2201(a) of that Act (110

9 Stat. 2767).

10 TITLE XXIII—AIR FORCE

11 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

12 LAND ACQUISITION PROJECTS.

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations

15 in section 2304(a)(1), the Secretary of the Air Force may

16 acquire real property and carry out military construction

17 projects for the installations and locations inside the United

18 States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama .............................. Maxwell Air Force Base ............................ $10,600,000

Alaska .................................. Eielson Air Force Base .............................

Elmendorf Air Force Base ........................

$24,100,000

$32,800,000

Arizona ................................ Davis-Monthan Air Force Base ................ $7,800,000

Arkansas .............................. Little Rock Air Force Base ....................... $7,800,000

California ............................ Beale Air Force Base ................................

Edwards Air Force Base ...........................

Travis Air Force Base ..............................

$8,900,000

$5,500,000

$11,200,000

Colorado ............................... Peterson Air Force Base ...........................

Schriever Air Force Base ..........................

U.S. Air Force Academy ...........................

$40,000,000

$16,100,000

$17,500,000

CONUS Classified .............. Classified Location .................................... $16,870,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Florida ................................. Eglin Air Force Base ................................

Eglin Auxiliary Field 9 ............................

MacDill Air Force Base ............................

Patrick Air Force Base .............................

Tyndall Air Force Base ............................

$18,300,000

$18,800,000

$5,500,000

$17,800,000

$10,800,000

Georgia ................................ Fort Benning .............................................

Moody Air Force Base ..............................

Robins Air Force Base ..............................

$3,900,000

$5,950,000

$3,350,000

Hawaii ................................. Hickam Air Force Base ............................ $3,300,000

Idaho .................................... Mountain Home Air Force Base .............. $17,000,000

Kansas ................................. McConnell Air Force Base ........................ $9,600,000

Kentucky .............................. Fort Campbell ............................................ $6,300,000

Mississippi ........................... Columbus Air Force Base .........................

Keesler Air Force Base ..............................

$5,100,000

$27,000,000

Missouri ............................... Whiteman Air Force Base ........................ $24,900,000

Nebraska .............................. Offutt Air Force Base ................................ $8,300,000

Nevada ................................. Nellis Air Force Base ................................ $18,600,000

New Jersey ........................... McGuire Air Force Base ........................... $11,800,000

New Mexico .......................... Kirtland Air Force Base ........................... $14,000,000

North Carolina .................... Fort Bragg .................................................

Pope Air Force Base .................................

$4,600,000

$7,700,000

North Dakota ....................... Minot Air Force Base ............................... $3,000,000

Ohio ...................................... Wright-Patterson Air Force Base ............. $35,100,000

Oklahoma ............................. Tinker Air Force Base ..............................

Vance Air Force Base ................................

$23,800,000

$12,600,000

South Carolina .................... Charleston Air Force Base ........................ $18,200,000

Tennessee ............................. Arnold Air Force Base .............................. $7,800,000

Texas .................................... Dyess Air Force Base ................................

Lackland Air Force Base ..........................

Laughlin Air Force Base ..........................

Randolph Air Force Base .........................

$5,400,000

$13,400,000

$3,250,000

$3,600,000

Utah ..................................... Hill Air Force Base .................................. $4,600,000

Virginia ............................... Langley Air Force Base ............................ $6,300,000

Washington .......................... Fairchild Air Force Base ..........................

McChord Air Force Base ...........................

$15,550,000

$7,900,000

Total ................................................... $632,270,000

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 following

7 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)(5)(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 ..... 60 Units ........... $8,500,000

Edwards Air Force Base 188 Units ......... $32,790,000

Vandenberg Air Force

Base.

91 Units ........... $16,800,000

District of Columbia ...... Bolling Air Force Base 72 Units ........... $9,375,000

Florida ............................ Eglin Air Force Base ....

MacDill Air Force Base

130 Units .........

54 Units ...........

$14,080,000

$9,034,000

Kansas ............................. McConnell Air Force

Base.

Safety Improvements.$1,363,000

Mississippi ...................... Columbus Air Force

Base ............................ 100 Units ......... $12,290,000

Montana .......................... Malmstrom Air Force

Base ............................ 34 Units ........... $7,570,000

Nebraska .......................... Offutt Air Force Base .... 72 Units ........... $12,352,000

New Mexico ..................... Hollomon Air Force

Base.

76 Units ........... $9,800,000

North Carolina ............... Seymour Johnson Air

Force Base .................. 78 Units ........... $12,187,000

North Dakota .................. Grand Forks Air Force

Base ............................ 42 Units ........... $10,050,000

Minot Air Force Base .... 72 Units ........... $10,756,000

Texas ............................... Lackland Air Force Base 48 Units ........... $7,500,000

Portugal .......................... Lajes Field, Azores ......... 75 Units ........... $12,964,000
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Air Force: Family Housing—Continued

State Installation or location Purpose Amount

Total ......... $197,411,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(5)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $17,093,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, Unites States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(5)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $124,492,000.

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

16 FORCE.

17 (a) IN GENERAL.—Funds are hereby authorized to be

18 appropriated for fiscal years beginning after September 30,

19 1999, for military construction, land acquisition, and mili20 tary family housing functions of the Department of the Air

21 Force in the total amount of $1,874,053,000 as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2301(a),

3 $602,270,000.

4 (2) For military construction projects outside the

5 United States authorized by section 2301(b),

6 $76,650,000.

7 (3) For unspecified minor construction projects

8 authorized by section 2805 of title 10, United States

9 Code, $8,741,000.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $32,104,000.

13 (5) For military housing functions:

14 (A) For construction and acquisition, plan15 ning and design and improvement of military

16 family housing and facilities, $338,996,000.

17 (B) For support of military family housing

18 (including functions described in section 2833 of

19 title 10, United States Code), $821,892,000.

20 (b) 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 2301 of this Act
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1 may not exceed the total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection (a).

3 (c) ADJUSTMENT.—The total amount authorized to be

4 appropriated pursuant to paragraphs (1) through (5) of

5 subsection (a) is the sum of the amounts authorized to be

6 appropriated in such paragraphs reduced by $6,600,000,

7 which represents the combination of project savings in mili8 tary construction resulting from favorable bids, reduced

9 overhead charges, and cancellations due to force structure

10 changes.

11 TITLE XXIV—DEFENSE

12 AGENCIES

13 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC14 TION AND LAND ACQUISITION PROJECTS.

15 (a) INSIDE THE UNITED STATES.—Using amounts ap16 propriated pursuant to the authorization of appropriations

17 in section 2405(a)(1), the Secretary of Defense may acquire

18 real property and carry out military construction projects

19 for the installations and locations inside the United States,

20 and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization Blue Grass Army Depot, Kentucky .......... $206,800,000

Defense Education Activity Laurel Bay, South Carolina .................... $2,874,000

Marine Corps Base, Camp LeJeune,

North Carolina ...................................... $10,570,000

Defense Logistics Agency .... Defense Distribution New Cumberland,Pennsylvania ............................ $5,000,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Elmendorf Air Force Base, Alaska .......... $23,500,000

Eielson Air Force Base, Alaska ................ $26,000,000

Fairchild Air Force Base, Washington .... $12,400,000

Various Locations ...................................... $1,300,000

Defense Manpower Data

Center .............................. Presidio, Monterey, California ................. $28,000,000

National Security Agency .. Fort Meade, Maryland .............................. $2,946,000

Special Operations Command ................................ Fleet Combat Training Center, Dam

Neck, Virginia ........................................ $4,700,000

Fort Benning, Georgia .............................. $10,200,000

Fort Bragg, North Carolina ..................... $20,100,000

Mississippi Army Ammunition Plant,

Mississippi ............................................. $9,600,000

Naval Amphibious Base, Coronado, California ...................................................... $6,000,000

TRICARE Management

Agency ............................. Andrews Air Force Base, Maryland ........ $3,000,000

Cheatham Annex, Virginia ....................... $1,650,000

Davis-Monthan Air Force Base, Arizona $10,000,000

Fort Lewis, Washington ............................ $5,500,000

Fort Riley, Kansas .................................... $6,000,000

Fort Sam Houston, Texas ........................ $5,800,000

Fort Wainwright, Alaska .......................... $133,000,000

Los Angeles Air Force Base, California .. $13,600,000

Marine Corps Air Station, Cherry Point,

North Carolina ...................................... $3,500,000

Moody Air Force Base, Georgia ............... $1,250,000

Naval Air Station, Jacksonville, Florida $3,780,000

Naval Air Station, Norfolk, Virginia ...... $4,050,000

Naval Air Station, Patuxent River,

Maryland ............................................... $4,150,000

Naval Air Station, Pensacola, Florida .... $4,300,000

Naval Air Station, Whidbey Island,

Washington ............................................ $4,700,000

Patrick Air Force Base, Florida .............. $1,750,000

Travis Air Force Base, California ........... $7,500,000

Wright-Patterson Air Force Base, Ohio .. $3,900,000

Total ................................................... $587,420,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2405(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:
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Defense Agencies: Outside the United States

Agency Installation or location Amount

Drug Interdiction and

Counter-Drug Activities Manta, Ecuador ......................................... $25,000,000

Curacao, Netherlands Antilles .................. $11,100,000

Defense Education Activity Andersen Air Force Base, Guam .............. $44,170,000

Naval Station Rota, Spain ...................... $17,020,000

Royal Air Force, Feltwell, United Kingdom ......................................................... $4,570,000

Royal Air Force, Lakenheath, United

Kingdom ................................................. $3,770,000

Defense Logistics Agency .... Andersen Air Force Base, Guam .............. $24,300,000

Moron Air Base, Spain ............................. $15,200,000

National Security Agency .. Royal Air Force, Menwith Hill Station,

United Kingdom .................................... $500,000

Tri-Care Management

Agency ............................. Naval Security Group Activity, Sabana

Seca, Puerto Rico .................................. $4,000,000

Ramstein Air Force Base, Germany ........ $7,100,000

Royal Air Force, Lakenheath, United

Kingdom ................................................. $7,100,000

Yongsan, Korea .......................................... $41,120,000

Total ................................................... $204,950,000

1 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriation in section 2405(a)(8)(A), the Sec6 retary of Defense may improve existing military family

7 housing units in an amount not to exceed $50,000.

8 SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.

9 Of the amount authorized to be appropriated by sec10 tion 2405(a)(8)(C), $78,756,000 shall be available for credit

11 to the Department of Defense Family Housing Fund estab12 lished by section 2883(a)(1) of title 10, United States Code.

13 SEC. 2404. ENERGY CONSERVATION PROJECTS.

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2405(a)(6), the Sec-
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1 retary of Defense may carry out energy conservation

2 projects under section 2865 of title 10, United States Code,

3 in the amount of $6,558,000.

4 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

5 AGENCIES.

6 (a) IN GENERAL.—Funds are hereby authorized to be

7 appropriated for fiscal years beginning after September 30,

8 1999, for military construction, land acquisition, and mili9 tary family housing functions of the Department of Defense

10 (other than the military departments), in the total amount

11 of $1,618,965,000 as follows:

12 (1) For military construction projects inside the

13 United States authorized by section 2401(a),

14 $288,420,000.

15 (2) For military construction projects outside the

16 United States authorized by section 2401(b),

17 $204,950,000.

18 (3) For unspecified minor construction projects

19 under section 2805 of title 10, United States Code,

20 $18,618,000.

21 (4) For contingency construction projects of the

22 Secretary of Defense under section 2804 of title 10,

23 United States Code, $938,000.
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1 (5) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $49,024,000.

4 (6) For Energy Conservation projects authorized

5 by section 2404 of this Act, $6,558,000.

6 (7) For base closure and realignment activities

7 as authorized by the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of Public

9 Law 101–510; 10 U.S.C. 2687 note), $705,911,000.

10 (8) For military family housing functions:

11 (A) For improvement of military family

12 housing and facilities, $50,000.

13 (B) For support of military housing (in14 cluding functions described in section 2833 of

15 title 10, United States Code), $41,440,000 of

16 which not more than $35,639,000 may be obli17 gated or expended for the leasing of military

18 family housing units worldwide.

19 (C) For credit to the Department of Defense

20 Family Housing Improvement Fund as author21 ized by section 2403 of this Act, $78,756,000.

22 (9) For the construction of the Ammunition De23 militarization Facility, Anniston Army Depot, Ala24 bama, authorized in section 2101(a) of the Military

25 Construction Authorization Act for Fiscal Year 1991
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1 (division B of Public Law 101–510; 104 Stat. 1758),

2 section 2101(a) of the Military Construction Author3 ization Act for Fiscal Year 1992 and 1993 (division

4 B of Public Law 102–190; 105 Stat. 1508), section

5 2101(a) of the Military Construction Authorization

6 Act for Fiscal Year 1993 (division B of Public Law

7 102–484; 106 Stat. 2586); and section 2401 of the

8 Military Construction Authorization Act for Fiscal

9 Year 1995 (division B of Public Law 103–337, 108

10 Stat. 3040), $7,000,000.

11 (10) For the construction of the Ammunition De12 militarization Facility, Pine Bluff Arsenal, Arkansas,

13 authorized in section 2401 of Military Construction

14 Authorization Act for Fiscal Year 1995 (division B of

15 Public Law 103–337; 108 Stat. 3040), as amended by

16 section 2407 of the National Defense Authorization

17 Act for Fiscal Year 1996 (division B of Public Law

18 104–106; 110 Stat. 539), section 2408 of the Military

19 Construction Authorization Act for Fiscal Year 1998

20 (division B of Public Law 105–85; 111 Stat. 1982),

21 and section 2406 of the Military Construction Author22 ization Act for Fiscal Year 1999 (division B of Public

23 Law 105–261; 112 Stat. 2197), $61,800,000.

24 (11) For the construction of the Ammunition De25 militarization Facility, Umatilla Army Depot, Or-
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1 egon, authorized in section 2401 of the Military Con2 struction Authorization Act for Fiscal Year 1995 (di3 vision B of Public Law 103–337; 108 Stat. 3040), as

4 amended by section 2407 of the Military Construction

5 Authorization Act for Fiscal Year 1996 (division B of

6 Public Law 104–106; 110 Stat. 539), section 2408 of

7 the Military Construction Authorization Act for Fis8 cal Year 1998 (division B of Public Law 105–85; 111

9 Stat. 1982); and section 2406 of the Military Con10 struction Authorization Act for Fiscal Year 1999 (di11 vision B of Public Law 105–261; 112 Stat. 2197),

12 $35,900,000.

13 (12) For the construction of the Ammunition De14 militarization Facility, Aberdeen Proving Ground,

15 Maryland, authorized in section 2401(a) of the Mili16 tary Construction Authorization Act for Fiscal Year

17 1999 (division B of Public Law 105–261; 112 Stat.

18 2193), $66,600,000.

19 (13) For the construction of the Ammunition De20 militarization Facility at Newport Army Depot, In21 diana, authorized in section 2401(a) of the Military

22 Construction Authorization Act for Fiscal Year 1999

23 (division B of Public Law 105–261; 112 Stat. 2193),

24 $61,200,000.
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1 (14) For the construction of the Ammunition De2 militarization Facility, Pueblo Army Depot, Colo3 rado, authorized in section 2401(a) of the Military

4 Construction Authorization Act for Fiscal Year 1997

5 (division B of Public Law 104–201; 110 Stat. 2775),

6 as amended by section 2406 of this Act, $11,800,000.

7 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variation authorized

9 by section 2853 of title 10, United States Code, and any

10 other cost variations authorized by law, the total cost of

11 all projects carried out under section 2401 of this Act may

12 not exceed—

13 (1) the total amount authorized to be appro14 priated under paragraphs (1) and (2) of subsection

15 (a);

16 (2) $115,000,000 (the balance of the amount au17 thorized under section 2401(a) for the construction of

18 a replacement hospital at Fort Wainwright, Alaska);

19 and

20 (3) $184,000,000 (the balance of the amount au21 thorized under section 2401(a) for the construction of

22 a chemical demilitarization facility at Blue Grass

23 Army Depot, Kentucky).

24 (c) ADJUSTMENT.—The total amount authorized to be

25 appropriated pursuant to paragraphs (1) through (14) of
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1 subsection (a) is the sum of the amounts authorized to be

2 appropriated in such paragraphs reduced by $20,000,000,

3 which represents the combination of project savings in mili4 tary construction resulting from favorable bids, reduced

5 overhead charges, and cancellations due to force structure

6 changes.

7 SEC. 2406. INCREASE IN FISCAL YEAR 1997 AUTHORIZATION

8 FOR MILITARY CONSTRUCTION PROJECTS AT

9 PUEBLO CHEMICAL ACTIVITY, COLORADO.

10 The table in section 2401(a) of the Military Construc11 tion Authorization Act for Fiscal Year 1997 (division B

12 of Public Law 104–201; 110 Stat. 2775), is amended—

13 (1) in the item relating to Pueblo Chemical Ac14 tivity, Colorado, under the agency heading relating to

15 Chemical Demilitarization Program by striking

16 ‘‘$179,000,000’’ in the amount column and inserting

17 ‘‘$203,500,000’’; and

18 (2) by striking the amount identified as the total

19 in the amount column and inserting ‘‘$549,954,000’’.

20 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) of

21 that Act (110 Stat. 2779) is amended by striking

22 ‘‘$179,000,000’’ and inserting ‘‘$203,500,000’’.
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1 SEC. 2407. CONDITION ON OBLIGATION OF MILITARY CON2 STRUCTION FUNDS FOR DRUG INTERDICTION

3 AND COUNTER-DRUG ACTIVITIES.

4 In addition to the conditions specified in section 1022

5 on the development of forward operating locations for

6 United States Southern Command counter-drug detection

7 and monitoring flights, amounts appropriated pursuant to

8 the authorization of appropriations in section 2405(a)(2)

9 for the projects set forth in the table in section 2401(b)

10 under the heading ‘‘Drug Interdiction and Counter-Drug

11 Activities’’ may not be obligated until after the end of the

12 30-day period beginning on the date on which the Secretary

13 of Defense submits to Congress a report describing in detail

14 the purposes for which the amounts will be obligated and

15 expended.

16 TITLE XXV—NORTH ATLANTIC

17 TREATY ORGANIZATION SE18 CURITY INVESTMENT PRO19 GRAM

20 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

21 ACQUISITION PROJECTS.

22 The Secretary of Defense may make contributions for

23 the North Atlantic Treaty Organization Security Invest24 ment program as provided in section 2806 of title 10,

25 United States Code, in an amount not to exceed the sum

26 of the amount authorized to be appropriated for this pur-
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1 pose in section 2502 and the amount collected from the

2 North Atlantic Treaty Organization as a result of construc3 tion previously financed by the United States.

4 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

5 Funds are hereby authorized to be appropriated for fis6 cal years beginning after September 30, 1999, for contribu7 tions by the Secretary of Defense under section 2806 of title

8 10, United States Code, for the share of the United States

9 of the cost of projects for the North Atlantic Treaty Organi10 zation Security Investment program authorized by section

11 2501, in the amount of $191,000,000.

12 TITLE XXVI—GUARD AND

13 RESERVE FORCES FACILITIES

14 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC15 TION AND LAND ACQUISITION PROJECTS.

16 There are authorized to be appropriated for fiscal

17 years beginning after September 30, 1999, for the costs of

18 acquisition, architectural and engineering services, and

19 construction of facilities for the Guard and Reserve Forces,

20 and for contributions therefor, under chapter 1803 of title

21 10, United States Code (including the cost of acquisition

22 of land for those facilities), the following amounts:

23 (1) For the Department of the Army—

24 (A) for the Army National Guard of the

25 United States, $123,878,000; and
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1 (B) for the Army Reserve, $92,515,000.

2 (2) For the Department of the Navy, for the

3 Naval and Marine Corps Reserve, $21,574,000.

4 (3) For the Department of the Air Force—

5 (A) for the Air National Guard of the

6 United States, $151,170,000; and

7 (B) for the Air Force Reserve, $48,564,000.

8 TITLE XXVII—EXPIRATION AND

9 EXTENSION OF AUTHORIZA10 TIONS

11 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

12 AMOUNTS REQUIRED TO BE SPECIFIED BY

13 LAW.

14 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

15 YEARS.—Except as provided in subsection (b), all author16 izations contained in titles XXI through XXVI for military

17 construction projects, land acquisition, family housing

18 projects and facilities, and contributions to the North At19 lantic Treaty Organization Security Investment program

20 (and authorizations of appropriations therefor) shall expire

21 on the later of—

22 (1) October 1, 2002; or

23 (2) the date of enactment of an Act authorizing

24 funds for military construction for fiscal year 2003.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to au2 thorizations for military construction projects, land acqui3 sition, family housing projects and facilities, and contribu4 tions to the North Atlantic Treaty Organization Security

5 Investment program (and authorizations of appropriations

6 therefor), for which appropriated funds have been obligated

7 before the later of—

8 (1) October 1, 2002; or

9 (2) the date of the enactment of an Act author10 izing funds for fiscal year 2003 for military construc11 tion projects, land acquisition, family housing

12 projects and facilities, or contributions to the North

13 Atlantic Treaty Organization Security Investment

14 program.

15 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

16 FISCAL YEAR 1997 PROJECTS.

17 (a) EXTENSIONS.—Notwithstanding section 2701 of

18 the Military Construction Authorization Act for Fiscal Year

19 1997 (division B of Public Law 104–201; 110 Stat. 2782),

20 authorizations for the projects set forth in the tables in sub21 section (b), as provided in section 2101, 2201, 2202, or 2601

22 of that Act and amended by section 2406 of this Act, shall

23 remain in effect until October 1, 2000, or the date of enact24 ment of an Act authorizing funds for military construction

25 for fiscal year 2001, whichever is later.
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1 (b) TABLES.—The tables referred to in subsection (a)

2 are as follows:

Army: Extension of 1997 Project Authorization

State Installation or location Project Amount

Colorado .......................... Pueblo Army Depot ....... Ammunition

Demilitarization Facility $203,500,000

Navy: Extension of 1997 Project Authorization

State Installation or location Project Amount

Virginia ........................... Marine Corps Combat

Development Command ........................... Infrastructure

Development $8,900,000

Navy: Extension of 1997 Family Housing Authorizations

State Installation or location

Family Housing Amount

Florida ............................ Mayport Naval Station 100 units .......... $10,000,000

Maine .............................. Brunswick Naval Air

Station ........................ 92 units ............ $10,925,000

North Carolina ............... Camp Lejuene ................ 94 units ............ $10,110,000

South Carolina ............... Beaufort Marine Corps

Air Station ................. 140 units .......... $14,000,000

Texas ............................... Corpus Christi Naval

Complex ...................... 104 units .......... $11,675,000

.......................................... Kingsville Naval Air

Station ........................ 48 units ............ $7,550,000

Washington ..................... Everett Naval Station ... 100 units .......... $15,015,000

Army National Guard: Extension of 1997 Project Authorization

State Installation or location Project Amount

Mississippi ...................... Camp Shelby .................. Multi-Purpose

Range (Phase

II) ................. $5,000,000

3 SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN

4 FISCAL YEAR 1996 PROJECTS.

5 (a) EXTENSIONS.—Notwithstanding section 2701 of

6 the Military Construction Authorization Act for Fiscal Year

7 1996 (division B of Public Law 104–106; 110 Stat. 541),

8 authorizations for the projects set forth in the tables in sub-
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1 section (b), as provided in section 2202 or 2601 of that Act

2 and extended by section 2702 of the Military Construction

3 Authorization Act for Fiscal Year 1999 (division B of Pub4 lic Law 105–261; 112 Stat. 2199), shall remain in effect

5 until October 1, 2000, or the date of enactment of an Act

6 authorizing funds for military construction for fiscal year

7 2001, whichever is later.

8 (b) TABLES.—The tables referred to in subsection (a)

9 are as follows:

Navy: Extension of 1996 Family Housing Authorization

State Installation or location

Family Housing Amount

California ........................ Camp Pendleton ............. 138 units .......... $20,000,000

Army National Guard: Extension of 1996 Project Authorizations

State Installation or location Project Amount

Mississippi ...................... Camp Shelby .................. Multipurpose

Range Complex (Phase I) $5,000,000

Missouri .......................... National Guard Training Site, Jefferson

City ............................. Multipurpose

Range ........... $2,236,000

10 SEC. 2704. EFFECTIVE DATE.

11 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

12 take effect on the later of—

13 (1) October 1, 1999; or

14 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Changes

6 SEC. 2801. CONTRIBUTIONS FOR NORTH ATLANTIC TREATY

7 ORGANIZATIONS SECURITY INVESTMENT.

8 Section 2806(a) of title 10, United States Code, is

9 amended by inserting before the period at the end the fol10 lowing: ‘‘, including support for the actual implementation

11 of a military operations plan approved by the North Atlan12 tic Council’’.

13 SEC. 2802. DEVELOPMENT OF FORD ISLAND, HAWAII.

14 (a) CONDITIONAL AUTHORITY TO DEVELOP.—(1) Sub15 chapter I of chapter 169 of title 10, United States Code,

16 is amended by adding at the end the following new section:

17 ‘‘§ 2814. Special authority for development of Ford Is18 land, Hawaii

19 ‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), the

20 Secretary of the Navy may exercise any authority or com21 bination of authorities in this section for the purpose of de22 veloping or facilitating the development of Ford Island, Ha23 waii, to the extent that the Secretary determines the devel24 opment is compatible with the mission of the Navy.
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1 ‘‘(2) The Secretary of the Navy may not exercise any

2 authority under this section until—

3 ‘‘(A) the Secretary submits to the appropriate

4 committees of Congress a master plan for the develop5 ment of Ford Island, Hawaii; and

6 ‘‘(B) a period of 30 calendar days has elapsed

7 following the date on which the notification is re8 ceived by those committees.

9 ‘‘(b) CONVEYANCE AUTHORITY.—(1) The Secretary of

10 the Navy may convey to any public or private person or

11 entity all right, title, and interest of the United States in

12 and to any real property (including any improvements

13 thereon) or personal property under the jurisdiction of the

14 Secretary in the State of Hawaii that the Secretary

15 determines—

16 ‘‘(A) is excess to the needs of the Navy and all

17 of the other armed forces; and

18 ‘‘(B) will promote the purpose of this section.

19 ‘‘(2) A conveyance under this subsection may include

20 such terms and conditions as the Secretary considers appro21 priate to protect the interests of the United States.

22 ‘‘(c) LEASE AUTHORITY.—(1) The Secretary of the

23 Navy may lease to any public or private person or entity

24 any real property or personal property under the jurisdic-
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1 tion of the Secretary in the State of Hawaii that the Sec2 retary determines—

3 ‘‘(A) is excess to the needs of the Navy and all

4 of the other armed forces; and

5 ‘‘(B) will promote the purpose of this section.

6 ‘‘(2) A lease under this subsection shall be subject to

7 section 2667(b)(1) of this title and may include such others

8 terms as the Secretary considers appropriate to protect the

9 interests of the United States.

10 ‘‘(3) A lease of real property under this subsection may

11 provide that, upon termination of the lease term, the lessee

12 shall have the right of first refusal to acquire the real prop13 erty covered by the lease if the property is then conveyed

14 under subsection (b).

15 ‘‘(4)(A) The Secretary may provide property support

16 services to or for real property leased under this subsection.

17 ‘‘(B) To the extent provided in appropriations Acts,

18 any payment made to the Secretary for services provided

19 under this paragraph shall be credited to the appropriation,

20 account, or fund from which the cost of providing the serv21 ices was paid.

22 ‘‘(d) ACQUISITION OF LEASEHOLD INTEREST BY SEC23 RETARY.—(1) The Secretary of the Navy may acquire a

24 leasehold interest in any facility constructed under sub25 section (f) as consideration for a transaction authorized by
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1 this section upon such terms as the Secretary considers ap2 propriate to promote the purpose of this section.

3 ‘‘(2) The term of a lease under paragraph (1) may not

4 exceed 10 years, unless the Secretary of Defense approves

5 a term in excess of 10 years for purposes of this section.

6 ‘‘(3) A lease under this subsection may provide that,

7 upon termination of the lease term, the United States shall

8 have the right of first refusal to acquire the facility covered

9 by the lease.

10 ‘‘(4) The Secretary of the Navy may enter into a lease

11 under this subsection only if the lease is specifically author12 ized by a law enacted after the date of the enactment of

13 this section.

14 ‘‘(e) REQUIREMENT FOR COMPETITION.—The Sec15 retary of the Navy shall use competitive procedures for pur16 poses of selecting the recipient of real or personal property

17 under subsection (b) and the lessee of real or personal prop18 erty under subsection (c).

19 ‘‘(f) CONSIDERATION.—(1) As consideration for the

20 conveyance of real or personal property under subsection

21 (b), or for the lease of real or personal property under sub22 section (c), the Secretary of the Navy shall accept cash, real

23 property, personal property, or services, or any combina24 tion thereof, in an aggregate amount equal to not less than
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1 the fair market value of the real or personal property con2 veyed or leased.

3 ‘‘(2) Subject to subsection (i), the services accepted by

4 the Secretary under paragraph (1) may include the fol5 lowing:

6 ‘‘(A) The construction or improvement of facili7 ties at Ford Island.

8 ‘‘(B) The restoration or rehabilitation of real

9 property at Ford Island.

10 ‘‘(C) The provision of property support services

11 for property or facilities at Ford Island.

12 ‘‘(g) NOTICE AND WAIT REQUIREMENTS.—The Sec13 retary of the Navy may not carry out a transaction author14 ized by this section until—

15 ‘‘(1) the Secretary submits to the appropriate

16 committees of Congress a notification of the trans17 action, including—

18 ‘‘(A) a detailed description of the trans19 action; and

20 ‘‘(B) a justification for the transaction

21 specifying the manner in which the transaction

22 will meet the purposes of this section; and

23 ‘‘(2) a period of 30 calendar days has elapsed

24 following the date on which the notification is re25 ceived by those committees.
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1 ‘‘(h) FORD ISLAND IMPROVEMENT ACCOUNT.—(1)

2 There is established on the books of the Treasury an account

3 to be known as the ‘Ford Island Improvement Account’.

4 ‘‘(2) There shall be deposited into the account the fol5 lowing amounts:

6 ‘‘(A) Amounts authorized and appropriated to

7 the account.

8 ‘‘(2) Except as provided in subsection (c)(4)(B),

9 the amount of any cash payment received by the Sec10 retary for a transaction under this section.

11 ‘‘(i) USE OF ACCOUNT.—(1) Subject to paragraph (2),

12 to the extent provided in advance in appropriation Acts,

13 funds in the Ford Island Improvement Account may be used

14 as follows:

15 ‘‘(A) To carry out or facilitate the carrying out

16 of a transaction authorized by this section.

17 ‘‘(B) To carry out improvements of property or

18 facilities at Ford Island.

19 ‘‘(C) To obtain property support services for

20 property or facilities at Ford Island.

21 ‘‘(2) To extent that the authorities provided under sub22 chapter IV of this chapter are available to the Secretary

23 of the Navy, the Secretary may not use the authorities in

24 this section to acquire, construct, or improve family housing
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1 units, military unaccompanied housing units, or ancillary

2 supporting facilities related to military housing.

3 ‘‘(3)(A) The Secretary may transfer funds from the

4 Ford Island Improvement Account to the following funds:

5 ‘‘(i) The Department of Defense Family Housing

6 Improvement Fund established by section 2883(a)(1)

7 of this title.

8 ‘‘(ii) The Department of Defense Military Unac9 companied Housing Improvement Fund established

10 by section 2883(a)(2) of this title.

11 ‘‘(B) Amounts transferred under subparagraph (A) to

12 a fund referred to in that subparagraph shall be available

13 in accordance with the provisions of section 2883 of this

14 title for activities authorized under subchapter IV of this

15 chapter at Ford Island.

16 ‘‘(j) INAPPLICABILITY OF CERTAIN PROPERTY MAN17 AGEMENT LAWS.—Except as otherwise provided in this sec18 tion, transactions under this section shall not be subject to

19 the following:

20 ‘‘(1) Sections 2667 and 2696 of this title.

21 ‘‘(2) Section 501 of the Stewart B. McKinney

22 Homeless Assistance Act (42 U.S.C. 11411).

23 ‘‘(3) Sections 202 and 203 of the Federal Prop24 erty and Administrative Services Act of 1949 (40

25 U.S.C. 483, 484).
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1 ‘‘(k) SCORING.—Nothing in this section shall be con2 strued to waive the applicability to any lease entered into

3 under this section of the budget scorekeeping guidelines used

4 to measure compliance with the Balanced Budget Emer5 gency Deficit Control Act of 1985.

6 ‘‘(l) PROPERTY SUPPORT SERVICE DEFINED.—In this

7 section, the term ‘property support service’ means the fol8 lowing:

9 ‘‘(1) Any utility service or other service listed in

10 section 2686(a) of this title.

11 ‘‘(2) Any other service determined by the Sec12 retary to be a service that supports the operation and

13 maintenance of real property, personal property, or

14 facilities.’’.

15 (2) The table of sections at the beginning of such sub16 chapter is amended by adding at the end the following new

17 item:

‘‘2814. Special authority for development of Ford Island, Hawaii.’’.

18 (b) CONFORMING AMENDMENTS.—Section 2883(c) of

19 title 10, United States Code, is amended—

20 (1) in paragraph (1), by adding at the end the

21 following new subparagraph:

22 ‘‘(E) Any amounts that the Secretary of the Navy

23 transfers to that Fund pursuant to section 2814(i)(3) of this

24 title, subject to the restrictions on the use of the transferred

25 amounts specified in that section.’’; and
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1 (2) in paragraph (2), by adding at the end the

2 following new subparagraph:

3 ‘‘(E) Any amounts that the Secretary of the Navy

4 transfers to that Fund pursuant to section 2814(i)(3) of this

5 title, subject to the restrictions on the use of the transferred

6 amounts specified in that section.’’.

7 SEC. 2803. RESTRICTION ON AUTHORITY TO ACQUIRE OR

8 CONSTRUCT ANCILLARY SUPPORTING FACILI9 TIES FOR HOUSING UNITS.

10 Section 2881 of title 10, United States Code, is

11 amended—

12 (1) by inserting ‘‘(a) AUTHORITY TO ACQUIRE

13 OR CONSTRUCT.—’’ before ‘‘Any project’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(b) RESTRICTION.—The ancillary supporting facili17 ties authorized by subsection (a) may not be in direct com18 petition with any resale activities provided by the Defense

19 Commissary Agency or the Army and Air Force Exchange

20 Service, the Navy Exchange Service Command, Marine

21 Corps exchanges, or any other nonappropriated fund in22 strumentality of the United States under the jurisdiction

23 of the armed forces which is conducted for the morale, wel24 fare and recreation of members of the armed forces.’’.
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1 SEC. 2804. PLANNING AND DESIGN FOR MILITARY CON2 STRUCTION PROJECTS FOR RESERVE COMPO3 NENTS.

4 Section 18233(f)(1) of title 10, United States Code, is

5 amended by inserting ‘‘design,’’ after ‘‘planning,’’.

6 SEC. 2805. LIMITATIONS ON AUTHORITY TO CARRY OUT

7 SMALL PROJECTS FOR ACQUISITION OF FA8 CILITIES FOR RESERVE COMPONENTS.

9 (a) UNSPECIFIED MINOR CONSTRUCTION PROJECTS

10 TO CORRECT LIFE, HEALTH, OR SAFETY THREATS.—Sub11 section (a)(2) of section 18233a of title 10, United States

12 Code, is amended by adding at the end the following new

13 subparagraph:

14 ‘‘(C) An unspecified minor construction project

15 intended solely to correct a deficiency that is life16 threatening, health-threatening, or safety-threatening,

17 except that the expenditure or contribution for the

18 project may not exceed $3,000,000.’’.

19 (b) USE OF OPERATION AND MAINTENANCE FUNDS TO

20 CORRECT LIFE, HEALTH, OR SAFETY THREATS.—Sub21 section (b) of such section is amended by inserting after

22 ‘‘or less’’ the following: ‘‘(or $1,000,000 or less if the project

23 is intended solely to correct a deficiency that is life-threat24 ening, health-threatening, or safety-threatening).’’.
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1 SEC. 2806. EXPANSION OF ENTITIES ELIGIBLE TO PARTICI2 PATE IN ALTERNATIVE AUTHORITY FOR AC3 QUISITION AND IMPROVEMENT OF MILITARY

4 HOUSING.

5 (a) DEFINITION OF ELIGIBLE ENTITY.—Section 2871

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

7 (1) by redesignating paragraphs (5) through (7)

8 as paragraphs (6) through (8) respectively; and

9 (2) by inserting after paragraph (4) the fol10 lowing new paragraph:

11 ‘‘(5) The term ‘eligible entity’ means any indi12 vidual, corporation, firm, partnership, company,

13 State or local government, or housing authority of a

14 State or local government.’’.

15 (b) GENERAL AUTHORITY.—Section 2872 of such title

16 is amended by striking ‘‘private persons’’ and inserting ‘‘el17 igible entities’’.

18 (c) DIRECT LOANS AND LOAN GUARANTEES.—Section

19 2873 of such title is amended—

20 (1) in subsection (a)(1)—

21 (A) by striking ‘‘persons in the private sec22 tor’’ and inserting ‘‘an eligible entity’’; and

23 (B) by striking ‘‘such persons’’ and insert24 ing ‘‘the eligible entity’’; and

25 (2) in subsection (b)(1)—
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1 (A) by striking ‘‘any person in the private

2 sector’’ and inserting ‘‘an eligible entity’’; and

3 (B) by striking ‘‘the person’’ and inserting

4 ‘‘the eligible entity’’.

5 (d) INVESTMENTS.—Section 2875 of such title is

6 amended—

7 (1) in subsection (a), by striking ‘‘nongovern8 mental entities’’ and inserting ‘‘an eligible entity’’;

9 (2) in subsection (c)—

10 (A) by striking ‘‘a nongovernmental entity’’

11 both places it appears and inserting ‘‘an eligible

12 entity’’; and

13 (B) by striking ‘‘the entity’’ each place it

14 appears and inserting ‘‘the eligible entity’’;

15 (3) in subsection (d), by striking ‘‘nongovern16 mental’’ and inserting ‘‘eligible’’; and

17 (4) in subsection (e), by striking ‘‘a nongovern18 mental entity’’ and inserting ‘‘an eligible entity’’.

19 (e) RENTAL GUARANTEES.—Section 2876 of such title

20 is amended by striking ‘‘private persons’’ and inserting ‘‘el21 igible entities’’.

22 (f) DIFFERENTIAL LEASE PAYMENTS.—Section 2877

23 of such title is amended by striking ‘‘private’’.

24 (g) CONVEYANCE OR LEASE OF EXISTING PROPERTY

25 AND FACILITIES.—Section 2878(a) of such title is amended
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1 by striking ‘‘private persons’’ and inserting ‘‘eligible enti2 ties’’.

3 (h) CLERICAL AMENDMENTS.—(1) The heading of sec4 tion 2875 of such title is amended to read as follows:

5 ‘‘§ 2875. Investments’’.

6 (2) The table of sections at the beginning of subchapter

7 IV of chapter 169 of such title is amended by striking the

8 item relating to such section and inserting the following

9 new item:

‘‘2875. Investments.’’.

10 Subtitle B—Real Property and

11 Facilities Administration

12 SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF LAND

13 FOR SPECIAL OPERATIONS ACTIVITIES.

14 Section 2680(d) of title 10, United States Code, is

15 amended by striking ‘‘September 30, 2000’’ and inserting

16 ‘‘September 30, 2005’’.

17 SEC. 2812. UTILITY PRIVATIZATION AUTHORITY.

18 (a) EXTENDED CONTRACTS FOR UTILITY SERVICES.—

19 Subsection (c) of section 2688 of title 10, United States

20 Code, is amended by adding at the end the following new

21 paragraph:

22 ‘‘(3) A contract for the receipt of utility services as

23 consideration under paragraph (1), or any other contract

24 for utility services entered into by the Secretary concerned
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1 in connection with the conveyance of a utility system under

2 this section, may be for a period not to exceed 50 years.’’.

3 (b) DEFINITION OF UTILITY SYSTEM.—Subsection

4 (g)(2)(B) of such section is amended by striking ‘‘Ease5 ments’’ and inserting ‘‘Real property, easements,’’.

6 (c) FUNDS TO FACILITATE PRIVATIZATION.—Such sec7 tion is further amended—

8 (1) by redesignating subsections (g) and (h) as

9 subsections (i) and (j); and

10 (2) by inserting after subsection (f) the following

11 new subsection:

12 ‘‘(g) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR

13 REPLACEMENT OF UTILITY SYSTEMS.—In lieu of carrying

14 out a military construction project to construct, repair, or

15 replace a utility system, the Secretary concerned may use

16 funds authorized and appropriated for the project to facili17 tate the conveyance of the utility system under this section

18 by making a contribution toward the cost of construction,

19 repair, or replacement of the utility system by the entity

20 to which the utility system is being conveyed. The Secretary

21 concerned shall consider any such contribution in the eco22 nomic analysis required under subsection (e).’’.
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1 SEC. 2813. ACCEPTANCE OF FUNDS TO COVER ADMINISTRA2 TIVE EXPENSES RELATING TO CERTAIN REAL

3 PROPERTY TRANSACTIONS.

4 Section 2695(b) of title 10, United States Code, is

5 amended—

6 (1) by inserting ‘‘involving real property under

7 the control of the Secretary of a military department’’

8 after ‘‘transactions’’; and

9 (2) by adding at the end the following new para10 graph:

11 ‘‘(4) The disposal of real property of the United

12 States for which the Secretary will be the disposal

13 agent.’’.

14 SEC. 2814. STUDY AND REPORT ON IMPACTS TO MILITARY

15 READINESS OF PROPOSED LAND MANAGE16 MENT CHANGES ON PUBLIC LANDS IN UTAH.

17 (a) UTAH NATIONAL DEFENSE LANDS DEFINED.—In

18 this section, the term ‘‘Utah national defense lands’’ means

19 public lands under the jurisdiction of the Bureau of Land

20 Management in the State of Utah that are adjacent to or

21 near the Utah Test and Training Range and Dugway Prov22 ing Ground or beneath the Military Operating Areas, Re23 stricted Areas, and airspace that make up the Utah Test

24 and Training Range.

25 (b) READINESS IMPACT STUDY.—The Secretary of De26 fense shall conduct a study to evaluate the impact upon
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1 military training, testing, and operational readiness of any

2 proposed changes in land management of the Utah national

3 defense lands. In conducting the study, the Secretary of De4 fense shall consider the following:

5 (1) The present military requirements for and

6 missions conducted at Utah Test and Training

7 Range, as well as projected requirements for the sup8 port of aircraft, unmanned aerial vehicles, missiles,

9 munitions and other military requirements.

10 (2) The future requirements for force structure

11 and doctrine changes, such as the Expeditionary

12 Aerospace Force concept, that could require the use of

13 the Utah Test and Training Range.

14 (3) All other pertinent issues, such as overflight

15 requirements, access to electronic tracking and com16 munications sites, ground access to respond to emer17 gency or accident locations, munitions safety buffers,

18 noise requirements, ground safety and encroachment

19 issues.

20 (c) COOPERATION AND COORDINATION.—The Secretary

21 of Defense shall conduct the study in cooperation with the

22 Secretary of the Air Force and the Secretary of the Army

23 and coordinate the study with the Secretary of the Interior.

24 (d) EFFECT OF STUDY.—Until the Secretary of De25 fense submits to Congress a report containing the results
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1 of the study, the Secretary of the Interior may not proceed

2 with the amendment of any individual resource manage3 ment plan for Utah national defense lands, or any state4 wide environmental impact statement or statewide resource

5 management plan amendment package for such lands, if

6 the statewide environmental impact statement or statewide

7 resource management plan amendment addresses wilderness

8 characteristics or wilderness management issues affecting

9 such lands.

10 Subtitle C—Defense Base Closure

11 and Realignment

12 SEC. 2821. CONTINUATION OF AUTHORITY TO USE DEPART13 MENT OF DEFENSE BASE CLOSURE ACCOUNT

14 1990 FOR ACTIVITIES REQUIRED TO CLOSE OR

15 REALIGN MILITARY INSTALLATIONS.

16 (a) DURATION OF ACCOUNT.—Subsection (a) of section

17 2906 of the Defense Base Closure and Realignment Act of

18 1990 (part A of title XXIX of Public Law 101–510; 10

19 U.S.C. 2687 note) is amended by adding at the end the fol20 lowing new paragraph:

21 ‘‘(3) The Account shall be closed at the time and in

22 the manner provided for appropriation accounts under sec23 tion 1555 of title 31, United States Code. Unobligated funds

24 which remain in the Account upon closure shall be held by

25 the Secretary of the Treasury until transferred by law after
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1 the congressional defense committees receive the final report

2 transmitted under subsection (c)(2).’’.

3 (b) EFFECT OF CONTINUATION ON USE OF AC4 COUNT.—Subsection (b)(1) of such section is amended by

5 adding at the end the following new sentence: ‘‘After July

6 13, 2001, the Account shall be the sole source of Federal

7 funds for environmental restoration, property management,

8 and other caretaker costs associated with any real property

9 at military installations closed or realigned under this part

10 or such title II.’’.

11 (c) CONFORMING AMENDMENTS.—Such section is fur12 ther amended—

13 (1) in subsection (c)—

14 (A) by striking paragraph (2); and

15 (B) by redesignating paragraph (3) as

16 paragraph (2) and, in such paragraph, by in17 serting after ‘‘this part’’ the following: ‘‘and no

18 later than 60 days after the closure of the Ac19 count under subsection (a)(3)’’; and

20 (2) in subsection (e), by striking ‘‘the termi21 nation of the authority of the Secretary to carry out

22 a closure or realignment under this part’’ and insert23 ing ‘‘the closure of the Account under subsection

24 (a)(3)’’.
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1 Subtitle D—Land Conveyances

2 PART I—ARMY CONVEYANCES

3 SEC. 2831. TRANSFER OF JURISDICTION, FORT SAM HOUS4 TON, TEXAS.

5 (a) TRANSFER OF LAND FOR INCLUSION IN NATIONAL

6 CEMETERY.—The Secretary of the Army may transfer,

7 without reimbursement, to the administrative jurisdiction

8 of the Secretary of Veterans Affairs a parcel of real prop9 erty, including any improvements thereon, consisting of ap10 proximately 152 acres and comprising a portion of Fort

11 Sam Houston, Texas.

12 (b) USE OF LAND.—The Secretary of Veterans Affairs

13 shall include the real property transferred under subsection

14 (a) in the Fort Sam Houston National Cemetery and use

15 the conveyed property as a national cemetery under chapter

16 24 of title 38, United States Code.

17 (c) LEGAL DESCRIPTION.—The exact acreage and legal

18 description of the real property to be transferred under this

19 section shall be determined by a survey satisfactory to the

20 Secretary of the Army. The cost of the survey shall be borne

21 by the Secretary of Veterans Affairs.

22 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec23 retary of the Army may require such additional terms and

24 conditions in connection with the transfer under this section
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1 as the Secretary of the Army considers appropriate to pro2 tect the interests of the United States.

3 SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER,

4 KANKAKEE, ILLINOIS.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

6 Army may convey, without consideration, to the City of

7 Kankakee, Illinois (in this section referred to as the ‘‘City’’),

8 all right, title, and interest of the United States in and to

9 a parcel of real property, including improvements thereon,

10 that is located at 1600 Willow Street in Kankakee, Illinois,

11 and contains the vacant Stefaninch Army Reserve Center

12 for the purpose of permitting the City to use the parcel for

13 economic development and other public purposes.

14 (b) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. The cost of the survey shall be borne

18 by the City.

19 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the conveyance under subsection (a) as

22 the Secretary considers appropriate to protect the interests

23 of the United States.
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1 SEC. 2833. LAND CONVEYANCE, FORT DES MOINES, IOWA.

2 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

3 Army may convey, without consideration, to the Fort Des

4 Moines Black Officers Memorial, Inc., a nonprofit corpora5 tion organized in the State of Iowa (in this section referred

6 to as the ‘‘Corporation’’), all right, title, and interest of the

7 United States in and to a parcel of real property, including

8 improvements thereon, located at Fort Des Moines, Iowa,

9 and containing the post chapel (building #49) and Clayton

10 Hall (building #46) for the purpose of permitting the Cor11 poration to develop and use the parcel as a memorial and

12 for educational purposes.

13 (b) DESCRIPTION OF PROPERTY.—The exact acreage

14 and legal description of the real property to be conveyed

15 under subsection (a) shall be determined by a survey satis16 factory to the Secretary. The cost of the survey shall be borne

17 by the Corporation.

18 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the conveyance under subsection (a) as

21 the Secretary considers appropriate to protect the interests

22 of the United States.
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1 SEC. 2834. LAND CONVEYANCE, ARMY MAINTENANCE SUP2 PORT ACTIVITY (MARINE) NUMBER 84,

3 MARCUS HOOK, PENNSYLVANIA.

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

5 Army may convey, without consideration, to the Borough

6 of Marcus Hook, Pennsylvania (in this section referred to

7 as the ‘‘Borough’’), all right, title, and interest of the United

8 States in and to a parcel of real property, including im9 provements thereon, consisting of approximately 5 acres

10 that is located at 7 West Delaware Avenue in Marcus Hook,

11 Pennsylvania, and contains the facility known as the Army

12 Maintenance Support Activity (Marine) Number 84, for the

13 purpose of permitting the Borough to develop the parcel for

14 recreational or economic development purposes.

15 (b) CONDITION OF CONVEYANCE.—The conveyance

16 under subsection (a) shall be subject to the condition that

17 the Borough—

18 (1) use the conveyed property, directly or

19 through an agreement with a public or private entity,

20 for recreational or economic purposes; or

21 (2) convey the property to an appropriate public

22 or private entity for use for such purposes.

23 (c) REVERSION.—If the Secretary determines at any

24 time that the real property conveyed under subsection (a)

25 is not being used for recreational or economic development

26 purposes, as required by subsection (b), all right, title, and
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1 interest in and to the property conveyed under subsection

2 (a), including any improvements thereon, shall revert to the

3 United States, and the United States shall have the right

4 of immediate entry thereon. Any determination of the Sec5 retary under this subsection shall be made on the record

6 after an opportunity for a hearing.

7 (d) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a) shall be determined by a survey satis10 factory to the Secretary. The cost of the survey shall be borne

11 by the Borough.

12 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions

14 in connection with the conveyance under subsection (a) as

15 the Secretary considers appropriate to protect the interests

16 of the United States.

17 SEC. 2835. LAND CONVEYANCES, ARMY DOCKS AND RE18 LATED PROPERTY, ALASKA.

19 (a) JUNEAU NATIONAL GUARD DOCK.—The Secretary

20 of the Army may convey, without consideration, to the City

21 of Juneau, Alaska, all right, title, and interest of the United

22 States in and to a parcel of real property, including im23 provements thereon, located at 1030 Thane Highway in Ju24 neau, Alaska, and consisting of approximately 0.04 acres
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1 and the appurtenant facility known as the Juneau National

2 Guard Dock.

3 (b) WHITTIER DELONG DOCK.—The Secretary may

4 convey, without consideration, to the Alaska Railroad Cor5 poration all right, title, and interest of the United States

6 in and to a parcel of real property, including improvements

7 thereon, located in Whittier, Alaska, and consisting of ap8 proximately 6.13 acres and the appurtenant facility known

9 as the DeLong Dock.

10 (c) DESCRIPTION OF PROPERTY.—The exact acreage

11 and legal description of the real property to be conveyed

12 under subsections (a) and (b) shall be determined by surveys

13 satisfactory to the Secretary. The cost of the surveys shall

14 be borne by the recipient of the real property.

15 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retary may require such additional terms and conditions

17 in connection with the conveyances under subsection (a)

18 and (b) as the Secretary considers appropriate to protect

19 the interests of the United States.

20 SEC. 2836. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

22 Army may convey, without consideration, to the Veterans

23 Services Commission of the State of Arizona (in this section

24 referred to as the ‘‘Commission’’), all right, title, and inter25 est of the United States in and to a parcel of real property,
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1 including improvements thereon, consisting of approxi2 mately 130 acres at Fort Huachuca, Arizona, for the pur3 pose of permitting the Commission to establish a State-run

4 cemetery for veterans.

5 (b) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the real property to be conveyed

7 under subsection (a) shall be determined by a survey satis8 factory to the Secretary. The cost of the survey shall be borne

9 by the Commission.

10 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the conveyance under subsection (a) as

13 the Secretary considers appropriate to protect the interests

14 of the United States.

15 SEC. 2837. LAND CONVEYANCE, ARMY RESERVE CENTER,

16 CANNON FALLS, MINNESOTA.

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

18 Army may convey, without consideration, to the Cannon

19 Falls Area Schools, Minnesota Independent School District

20 Number 252 (in this section referred to as the ‘‘District’’),

21 all right, title, and interest of the United States in and to

22 a parcel of real property, including improvements thereon,

23 that is located at 710 State Street East in Cannon Falls,

24 Minnesota, and contains an Army Reserve Center for the
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1 purpose of permitting the District to develop the parcel for

2 educational purposes.

3 (b) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be borne

7 by the District.

8 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under subsection (a) as

11 the Secretary considers appropriate to protect the interests

12 of the United States.

13 SEC. 2838. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY

14 HOUSING SITE, EAST HANOVER TOWNSHIP,

15 NEW JERSEY.

16 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

17 Army may convey, without consideration, to the Township

18 Council of East Hanover, New Jersey (in this section re19 ferred to as the ‘‘Township’’), all right, title, and interest

20 of the United States in and to a parcel of real property,

21 including improvements thereon, consisting of approxi22 mately 13.88 acres located near the unincorporated area of

23 Hanover Neck in East Hanover, New Jersey, and was a

24 former family housing site for Nike Battery 80, for the pur-
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1 pose of permitting the Township to develop the parcel for

2 affordable housing and for recreational purposes.

3 (b) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be borne

7 by the Township.

8 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under subsection (a) as

11 the Secretary considers appropriate to protect the interests

12 of the United States.

13 SEC. 2839. LAND EXCHANGE, ROCK ISLAND ARSENAL, ILLI14 NOIS.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

16 Army may convey to the City of Moline, Illinois (in this

17 section referred to as the ‘‘City’’), all right, title, and inter18 est of the United States in and to a parcel of real property,

19 including improvements thereon, consisting of approxi20 mately .3 acres at the Rock Island Arsenal for the purpose

21 of permitting the City to construct a new entrance and exit

22 ramp for the bridge that crosses the southeast end of the

23 island containing the Arsenal.

24 (b) CONSIDERATION.—As consideration for the convey25 ance under subsection (a), the City shall convey to the Sec-
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1 retary all right, title, and interest of the City in and to

2 a parcel of real property consisting of approximately .2

3 acres and located in the vicinity of the parcel to be conveyed

4 under subsection (a).

5 (c) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the parcels to be conveyed under

7 this section shall be determined by a survey satisfactory to

8 the Secretary. The cost of the survey shall be borne by the

9 City.

10 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the conveyances under this section as

13 the Secretary considers appropriate to protect the interests

14 of the United States.

15 SEC. 2840. MODIFICATION OF LAND CONVEYANCE, JOLIET

16 ARMY AMMUNITION PLANT, ILLINOIS.

17 Section 2922(c) of the Military Construction Author18 ization Act for Fiscal Year 1996 (division B of Public Law

19 104–106; 110 Stat. 605) is amended—

20 (1) by inserting ‘‘(1)’’ before ‘‘The conveyance’’;

21 and

22 (2) by adding at the end the following new para23 graph:

24 ‘‘(2) The landfill established on the real property con25 veyed under subsection (a) may contain only waste gen-
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1 erated in the county in which the landfill is established and

2 waste generated in municipalities located at least in part

3 in that county. The landfill shall be closed and capped after

4 23 years of operation.’’.

5 SEC. 2841. LAND CONVEYANCES, TWIN CITIES ARMY AMMU6 NITION PLANT, MINNESOTA.

7 (a) CONVEYANCE TO CITY AUTHORIZED.—The Sec8 retary of the Army may convey to the City of Arden Hills,

9 Minnesota (in this section referred to as the ‘‘City’’), all

10 right, title, and interest of the United States in and to a

11 parcel of real property, including improvements thereon,

12 consisting of approximately 4 acres at the Twin Cities

13 Army Ammunition Plant, for the purpose of permitting the

14 City to construct a city hall complex on the parcel.

15 (b) CONVEYANCE TO COUNTY AUTHORIZED.—The Sec16 retary of the Army may convey to Ramsey County, Min17 nesota (in this section referred to as the ‘‘County’’), all

18 right, title, and interest of the United States in and to a

19 parcel of real property, including improvements thereon,

20 consisting of approximately 35 acres at the Twin Cities

21 Army Ammunition Plant, for the purpose of permitting the

22 County to construct a maintenance facility on the parcel.

23 (c) CONSIDERATION.—As consideration for the convey24 ances under this section, the City shall make the city hall

25 complex available for use by the Minnesota National Guard
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1 for public meetings, and the County shall make the mainte2 nance facility available for use by the Minnesota National

3 Guard, as detailed in agreements entered into between the

4 City, County, and the Commanding General of the Min5 nesota National Guard. Use of the city hall complex and

6 maintenance facility by the Minnesota National Guard

7 shall be without cost to the Minnesota National Guard.

8 (d) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the real property to be conveyed

10 under this section shall be determined by surveys satisfac11 tory to the Secretary. The cost of the survey shall be borne

12 by the recipient of the real property.

13 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 in connection with the conveyances under this section as

16 the Secretary considers appropriate to protect the interests

17 of the United States.

18 PART II—NAVY CONVEYANCES

19 SEC. 2851. LAND CONVEYANCE, NAVAL WEAPONS INDUS20 TRIAL RESERVE PLANT NO. 387, DALLAS,

21 TEXAS.

22 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary of

23 the Navy may convey to the City of Dallas, Texas (in this

24 section referred to as the ‘‘City’’), all right, title, and inter25 est of the United States in and to parcels of real property
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1 consisting of approximately 314 acres and comprising the

2 Naval Weapons Industrial Reserve Plant No. 387, Dallas,

3 Texas.

4 (2)(A) As part of the conveyance authorized by para5 graph (1), the Secretary may convey to the City such im6 provements, equipment, fixtures, and other personal prop7 erty located on the parcels referred to in that paragraph

8 as the Secretary determines to be not required by the Navy

9 for other purposes.

10 (B) The Secretary may permit the City to review and

11 inspect the improvements, equipment, fixtures, and other

12 personal property located on the parcels referred to in para13 graph (1) for purposes of the conveyance authorized by this

14 paragraph.

15 (b) AUTHORITY TO CONVEY WITHOUT CONSIDER16 ATION.—The conveyance authorized by subsection (a) may

17 be made without consideration if the Secretary determines

18 that the conveyance on that basis would be in the best inter19 ests of the United States.

20 (c) CONDITION OF CONVEYANCE.—The conveyance au21 thorized by subsection (a) shall be subject to the condition

22 that the City—

23 (1) use the parcels, directly or through an agree24 ment with a public or private entity, for economic
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1 purposes or such other public purposes as the City de2 termines appropriate; or

3 (2) convey the parcels to an appropriate public

4 entity for use for such purposes.

5 (d) REVERSION.—If, during the 5-year period begin6 ning on the date the Secretary makes the conveyance au7 thorized by subsection (a), the Secretary determines that the

8 conveyed real property is not being used for a purpose spec9 ified in subsection (c), all right, title, and interest in and

10 to the property, including any improvements thereon, shall

11 revert to the United States, and the United States shall have

12 the right of immediate entry onto the property.

13 (e) LIMITATION ON CERTAIN SUBSEQUENT CONVEY14 ANCES.—(1) Subject to paragraph (2), if at any time after

15 the Secretary makes the conveyance authorized by sub16 section (a) the City conveys any portion of the parcels con17 veyed under that subsection to a private entity, the City

18 shall pay to the United States an amount equal to the fair

19 market value (as determined by the Secretary) of the por20 tion conveyed at the time of its conveyance under this sub21 section.

22 (2) Paragraph (1) applies to a conveyance described

23 in that paragraph only if the Secretary makes the convey24 ance authorized by subsection (a) without consideration.
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1 (3) The Secretary shall cover over into the General

2 Fund of the Treasury as miscellaneous receipts any

3 amounts paid the Secretary under this subsection.

4 (f) INTERIM LEASE.—(1) Until such time as the real

5 property described in subsection (a) is conveyed by deed

6 under this section, the Secretary may continue to lease the

7 property, together with improvements thereon, to the cur8 rent tenant under the existing terms and conditions of the

9 lease for the property.

10 (2) If good faith negotiations for the conveyance of the

11 property continue under this section beyond the end of the

12 third year of the term of the existing lease for the property,

13 the Secretary shall continue to lease the property to the cur14 rent tenant of the property under the terms and conditions

15 applicable to the first three years of the lease of the property

16 pursuant to the existing lease for the property.

17 (g) MAINTENANCE OF PROPERTY.—(1) Subject to

18 paragraph (2), the Secretary shall be responsible for main19 taining the real property to be conveyed under this section

20 in its condition as of the date of the enactment of this Act

21 until such time as the property is conveyed by deed under

22 this section.

23 (2) The current tenant of the property shall be respon24 sible for any maintenance required under paragraph (1)
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1 to the extent of the activities of that tenant at the property

2 during the period covered by that paragraph.

3 (h) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be borne

7 by the City.

8 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under subsection (a) as

11 the Secretary considers appropriate to protect the interests

12 of the United States.

13 SEC. 2852. LAND CONVEYANCE, NAVAL AND MARINE CORPS

14 RESERVE CENTER, ORANGE, TEXAS.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

16 Navy may convey, without consideration, to the Orange

17 County Navigation and Port District of Orange County,

18 Texas (in this section referred to as the ‘‘District’’), all

19 right, title, and interest of the United States in and to a

20 parcel of real property, including improvements thereon, at

21 the Naval and Marine Corps Reserve Center in Orange,

22 Texas, which consists of approximately 2.4 acres and con23 tains the facilities designated as Buildings 135 and 163,

24 for the purpose of permitting the District to develop the par-
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1 cel for economic development, educational purposes, and the

2 furtherance of navigation-related commerce.

3 (b) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be borne

7 by the District.

8 (c) REVERSIONARY INTEREST.—During the five-year

9 period beginning on the date the Secretary makes the con10 veyance authorized under subsection (a), if the Secretary

11 determines that the conveyed real property is not being used

12 in accordance with the purpose of the conveyance specified

13 in such subsection, all right, title, and interest in and to

14 the property, including any improvements thereon, shall re15 vert to the United States, and the United States shall have

16 the right of immediate entry onto the property. Any deter17 mination of the Secretary under this subsection shall be

18 made on the record after an opportunity for a hearing.

19 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the conveyance under subsection (a) as

22 the Secretary considers appropriate to protect the interests

23 of the United States.
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1 SEC. 2853. LAND CONVEYANCE, MARINE CORPS AIR STA2 TION, CHERRY POINT, NORTH CAROLINA.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

4 Navy may convey, without consideration, to the State of

5 North Carolina (in this section referred to as the ‘‘State’’),

6 all right, title, and interest of the United States in and to

7 a parcel of unimproved real property consisting of approxi8 mately 20 acres at the Marine Corps Air Station, Cherry

9 Point, North Carolina, for the purpose of permitting the

10 State to develop the parcel for educational purposes.

11 (b) CONDITION OF CONVEYANCE.—The conveyance au12 thorized by subsection (a) shall be subject to the condition

13 that the State convey to the United States such easements

14 and rights-of-way regarding the parcel as the Secretary con15 siders necessary to ensure use of the parcel by the State is

16 compatible with the use of the Marine Corps Air Station.

17 (c) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the real property to be conveyed

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary. The cost of the survey shall be borne

21 by the State.

22 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec23 retary may require such additional terms and conditions

24 in connection with the conveyance under subsection (a) as

25 the Secretary considers appropriate to protect the interests

26 of the United States.
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1 PART III—AIR FORCE CONVEYANCES

2 SEC. 2861. CONVEYANCE OF FUEL SUPPLY LINE, PEASE AIR

3 FORCE BASE, NEW HAMPSHIRE.

4 (a) CONVEYANCE AUTHORIZED.—In conjunction with

5 the disposal of property at former Pease Air Force Base,

6 New Hampshire, under the Defense Base Closure and Re7 alignment Act of 1990 (part A of title XXIX of Public Law

8 101–510; 10 U.S.C. 2687 note), the Secretary of the Air

9 Force may convey to the redevelopment authority for Pease

10 Air Force Base all right, title, and interest of the United

11 States in and to the deactivated fuel supply line at Pease

12 Air Force Base, including the approximately 14.87 acres

13 of real property associated with such supply line.

14 (b) CONDITION OF CONVEYANCE.—The conveyance au15 thorized by subsection (a) may only be made if the redevel16 opment authority agrees to make the fuel supply line avail17 able for use by the New Hampshire Air National Guard

18 under terms and conditions acceptable to the Secretary.

19 (c) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the real property to be conveyed

21 under subsection (a) shall be determined by a survey satis22 factory to the Secretary. The cost of the survey shall be borne

23 by the redevelopment authority.

24 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions

26 in connection with the conveyance under subsection (a) as
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1 the Secretary considers appropriate to protect the interests

2 of the United States.

3 SEC. 2862. LAND CONVEYANCE, TYNDALL AIR FORCE BASE,

4 FLORIDA.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

6 Air Force may convey to Panama City, Florida (in this

7 section referred to as the ‘‘City’’), all right, title, and inter8 est, of the United States in and to a parcel of real property,

9 including improvements thereon, consisting of approxi10 mately 33.07 acres in Bay County, Florida, and containing

11 the military family housing project for Tyndall Air Force

12 Base known as Cove Garden.

13 (b) CONSIDERATION.—As consideration for the convey14 ance under subsection (a), the City shall pay to the United

15 States an amount equal to the fair market value of the real

16 property to be conveyed, as determined by the Secretary.

17 (c) USE OF PROCEEDS.—In such amounts as are pro18 vided in advance in appropriations Acts, the Secretary may

19 use the funds paid by the City under subsection (b) to con20 struct or improve military family housing units at Tyndall

21 Air Force Base and to improve ancillary supporting facili22 ties related to such housing.

23 (d) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsection (a) shall be determined by a survey satis-
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1 factory to the Secretary. The cost of the survey shall be borne

2 by the City.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyance under subsection (a) as

6 the Secretary considers appropriate to protect the interests

7 of the United States.

8 SEC. 2863. LAND CONVEYANCE, PORT OF ANCHORAGE,

9 ALASKA.

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

11 Air Force and the Secretary of the Interior may convey,

12 without consideration, to the Port of Anchorage, an entity

13 of the City of Anchorage, Alaska (in this section referred

14 to as the ‘‘Port’’), all right, title, and interest of the United

15 States in and to two parcels of real property, including im16 provements thereon, consisting of a total of approximately

17 14.22 acres located adjacent to the Port of Anchorage Ma18 rine Industrial Park in Anchorage, Alaska, and leased by

19 the Port from the Department of the Air Force and the Bu20 reau of Land Management.

21 (b) DESCRIPTION OF PROPERTY.—The exact acreage

22 and legal description of the real property to be conveyed

23 under subsection (a) shall be determined by a survey satis24 factory to the Secretary of the Air Force and the Secretary
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1 of the Interior. The cost of the survey shall be borne by the

2 Port.

3 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary of the Air Force and the Secretary of the Interior

5 may require such additional terms and conditions in con6 nection with the conveyance under subsection (a) as the Sec7 retaries considers appropriate to protect the interests of the

8 United States.

9 SEC. 2864. LAND CONVEYANCE, FORESTPORT TEST ANNEX,

10 NEW YORK.

11 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

12 Air Force may convey, without consideration, to the Town

13 of Ohio, New York (in this section referred to as the

14 ‘‘Town’’), all right, title, and interest, of the United States

15 in and to a parcel of real property, including improvements

16 thereon, consisting of approximately 164 acres in Herkimer

17 County, New York, and approximately 18 acres in Oneida

18 County, New York, and containing the Forestport Test

19 Annex for the purpose of permitting the Town to develop

20 the parcel for economic purposes and to further the provi21 sion of municipal services.

22 (b) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal description of the real property to be conveyed

24 under subsection (a) shall be determined by a survey satis-
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1 factory to the Secretary. The cost of the survey shall be borne

2 by the Town.

3 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyance under subsection (a) as

6 the Secretary considers appropriate to protect the interests

7 of the United States.

8 Subtitle E—Other Matters

9 SEC. 2871. EXPANSION OF ARLINGTON NATIONAL CEME10 TERY.

11 (a) LAND TRANSFER, NAVY ANNEX, ARLINGTON, VIR12 GINIA.—

13 (1) IN GENERAL.—The Secretary of Defense shall

14 provide for the transfer to the Secretary of the Army

15 of administrative jurisdiction over the following par16 cels of land situated in Arlington, Virginia:

17 (A) Certain lands which comprise approxi18 mately 26 acres bounded by Columbia Pike to

19 the south and east, Oak Street to the west, and

20 the boundary wall of Arlington National Ceme21 tery to the north including Southgate Road.

22 (B) Certain lands which comprise approxi23 mately 8 acres bounded by Shirley Memorial

24 Boulevard (Interstate 395) to the south, property

25 of the Virginia Department of Transportation to
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1 the west, Columbia Pike to the north, and Joyce

2 Street to the east.

3 (C) Certain lands which comprise approxi4 mately 2.5 acres bounded by Shirley Memorial

5 Boulevard (Interstate 395) to the south, Joyce

6 Street to the west, Columbia Pike to the north,

7 and the cloverleaf interchange of Route 100 and

8 Columbia Pike to the east.

9 (2) USE OF LAND.—The Secretary of the Army

10 shall incorporate the parcels of land transferred under

11 paragraph (1) into Arlington National Cemetery.

12 (3) REMEDIATION OF LAND FOR CEMETERY

13 USE.—Before the transfer of administrative jurisdic14 tion over the parcels of land under paragraph (1), the

15 Secretary of Defense shall provide for the removal of

16 any improvements on the parcels of land and, in con17 sultation with the Superintendent of Arlington Na18 tional Cemetery, the preparation of the land for use

19 for interment of remains of individuals in Arlington

20 National Cemetery.

21 (4) NEGOTIATION WITH LOCAL OFFICIALS.—Be22 fore the transfer of administrative jurisdiction over

23 the parcels of land under paragraph (1), the Sec24 retary of Defense shall enter into negotiations with

25 appropriate State and local officials to acquire any
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1 real property, under the jurisdiction of such officials,

2 that separates such parcels of land from each other.

3 (5) REPORT.—Not later than 180 days after the

4 date of the enactment of this Act, the Secretary of De5 fense shall submit to Congress a report explaining in

6 detail the measures required to prepare the land for

7 use as a part of Arlington National Cemetery.

8 (6) DEADLINE.—The Secretary of Defense shall

9 complete the transfer of administrative jurisdiction

10 over the parcels of land under this subsection not later

11 than the earlier of—

12 (A) January 1, 2010; or

13 (B) the date when those parcels are no

14 longer required (as determined by the Secretary)

15 for use as temporary office space due to the ren16 ovation of the Pentagon.

17 (b) MODIFICATION OF BOUNDARY OF ARLINGTON NA18 TIONAL CEMETERY.—

19 (1) IN GENERAL.—The Secretary of the Army

20 shall modify the boundary of Arlington National

21 Cemetery to include the following parcels of land situ22 ated in Fort Myer, Arlington, Virginia:

23 (A) Certain lands which comprise approxi24 mately 5 acres bounded by the Fort Myer Post

25 Traditional Chapel to the southwest, McNair
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1 Road to the northwest, the Vehicle Maintenance

2 Complex to the northeast, and the masonry wall

3 of Arlington National Cemetery to the southeast.

4 (B) Certain lands which comprise approxi5 mately 3 acres bounded by the Vehicle Mainte6 nance Complex to the southwest, Jackson Avenue

7 to the northwest, the water pumping station to

8 the northeast, and the masonry wall of Arlington

9 National Cemetery to the southeast.

10 (2) REPORT.—Not later than 180 days after the

11 date of the enactment of this Act, the Secretary of the

12 Army shall submit to Congress a report describing

13 additional parcels of land located in Fort Myer, Ar14 lington, Virginia, that may be suitable for use to ex15 pand Arlington National Cemetery.

16 (3) SURVEY.—The Secretary of the Army may

17 determine the exact acreage and legal description of

18 the parcels of land described in paragraph (1) by a

19 survey.
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1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. WEAPONS ACTIVITIES.

11 Funds are hereby authorized to be appropriated to the

12 Department of Energy for fiscal year 2000 for weapons ac13 tivities in carrying out programs necessary for national se14 curity in the amount of $4,541,500,000, to be allocated as

15 follows:

16 (1) STOCKPILE STEWARDSHIP.—Funds are here17 by authorized to be appropriated to the Department

18 of Energy for fiscal year 2000 for stockpile steward19 ship in carrying out weapons activities necessary for

20 national security programs in the amount of

21 $2,258,700,000, to be allocated as follows:

22 (A) For core stockpile stewardship,

23 $1,763,500,000, to be allocated as follows:

24 (i) For operation and maintenance,

25 $1,640,355,000.
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1 (ii) For plant projects (including

2 maintenance, restoration, planning, con3 struction, acquisition, modification of fa4 cilities, and the continuation of projects au5 thorized in prior years, and land acquisi6 tion related thereto), $123,145,000, to be al7 located as follows:

8 Project 00–D–103, terascale sim9 ulation facility, Lawrence Livermore

10 National Laboratory, Livermore, Cali11 fornia, $8,000,000.

12 Project 00–D–105, strategic com13 puting complex, Los Alamos National

14 Laboratory, Los Alamos, New Mexico,

15 $26,000,000.

16 Project 00–D–107, joint computa17 tional engineering laboratory, Sandia

18 National Laboratories, Albuquerque,

19 New Mexico, $1,800,000.

20 Project 99–D–102, rehabilitation

21 of maintenance facility, Lawrence

22 Livermore National Laboratory, Liver23 more, California, $3,900,000.

24 Project 99–D–103, isotope sciences

25 facilities, Lawrence Livermore Na-
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1 tional Laboratory, Livermore, Cali2 fornia, $2,000,000.

3 Project 99–D–104, protection of

4 real property (roof reconstruction,

5 Phase II), Lawrence Livermore Na6 tional Laboratory, Livermore, Cali7 fornia, $2,400,000.

8 Project 99–D–105, central health

9 physics calibration facility, Los Ala10 mos National Laboratory, Los Alamos,

11 New Mexico, $1,000,000.

12 Project 99–D–106, model valida13 tion and system certification test cen14 ter, Sandia National Laboratories, Al15 buquerque, New Mexico, $6,500,000.

16 Project 99–D–108, renovate exist17 ing roadways, Nevada Test Site, Ne18 vada, $7,005,000.

19 Project 97–D–102, dual-axis radi20 ographic hydrotest facility, Los Alamos

21 National Laboratory, Los Alamos, New

22 Mexico, $61,000,000.

23 Project 96–D–102, stockpile stew24 ardship facilities revitalization, Phase

25 VI, various locations, 2,640,000.
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1 Project 96–D–104, processing and

2 environmental technology laboratory,

3 Sandia National Laboratories, Albu4 querque, New Mexico, $10,900,000.

5 (iii) The total amount authorized to be

6 appropriated pursuant to clause (ii) is the

7 sum of the amounts authorized to be appro8 priated in that clause, reduced by

9 $10,000,000.

10 (B) For inertial fusion, $475,700,000, to be

11 allocated as follows:

12 (i) For operation and maintenance,

13 $227,600,000.

14 (ii) For the following plant project (in15 cluding maintenance, restoration, planning,

16 construction, acquisition, and modification

17 of facilities, and land acquisition related

18 thereto), $248,100,000, to be allocated as fol19 lows:

20 Project 96–D–111, national igni21 tion facility, Lawrence Livermore Na22 tional Laboratory, Livermore, Cali23 fornia, $248,100,000.
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1 (C) For technology partnership and edu2 cation, $19,500,000, to be allocated for tech3 nology partnership only.

4 (2) STOCKPILE MANAGEMENT.—Funds are here5 by authorized to be appropriated to the Department

6 of Energy for fiscal year 2000 for stockpile manage7 ment in carrying out weapons activities necessary for

8 national security programs in the amount of

9 $2,046,300,000, to be allocated as follows:

10 (A) For operation and maintenance,

11 $1,897,621,000.

12 (B) For plant projects (including mainte13 nance, restoration, planning, construction, ac14 quisition, modification of facilities, and the con15 tinuation of projects authorized in prior years,

16 and land acquisition related thereto),

17 $148,679,000, to be allocated as follows:

18 Project 99–D–122, rapid reactivation,

19 various locations, $11,700,000.

20 Project 99–D–127, stockpile manage21 ment restructuring initiative, Kansas City

22 Plant, Kansas City, Missouri, $17,000,000.

23 Project 99–D–128, stockpile manage24 ment restructuring initiative, Pantex Plant

25 consolidation, Amarillo, Texas, $3,429,000.
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1 Project 99–D–132, stockpile manage2 ment restructuring initiative, nuclear mate3 rial safeguards and security upgrades

4 project, Los Alamos National Laboratory,

5 Los Alamos, New Mexico, $11,300,000.

6 Project 98–D–123, stockpile manage7 ment restructuring initiative, tritium facil8 ity modernization and consolidation, Sa9 vannah River Plant, Aiken, South Caro10 lina, $21,800,000.

11 Project 98–D–124, stockpile manage12 ment restructuring initiative, Y–12 Plant

13 consolidation, Oak Ridge, Tennessee,

14 $3,150,000.

15 Project 98–D–125, tritium extraction

16 facility, Savannah River Plant, Aiken,

17 South Carolina, $33,000,000.

18 Project 98–D–126, accelerator produc19 tion of tritium, various locations,

20 $31,000,000.

21 Project 97–D–123, structural upgrades,

22 Kansas City Plant, Kansas City, Missouri,

23 $4,800,000.

24 Project 95–D–102, chemistry and met25 allurgy research upgrades project, Los Ala-
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1 mos National Laboratory, Los Alamos, New

2 Mexico, $18,000,000.

3 Project 88–D–123, security enhance4 ments, Pantex Plant, Amarillo, Texas,

5 $3,500,000.

6 (C) The total amount authorized to be ap7 propriated pursuant to subparagraph (B) is the

8 sum of the amounts authorized to be appro9 priated in that subparagraph, reduced by

10 $10,000,000.

11 (3) PROGRAM DIRECTION.—Funds are hereby

12 authorized to be appropriated to the Department of

13 Energy for fiscal year 2000 for program direction in

14 carrying out weapons activities necessary for national

15 security programs in the amount of $236,500,000.

16 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

17 WASTE MANAGEMENT.

18 (a) IN GENERAL.—Funds are hereby authorized to be

19 appropriated to the Department of Energy for fiscal year

20 2000 for environmental restoration and waste management

21 in carrying out programs necessary for national security

22 in the amount of $5,652,368,000, to be allocated as follows:

23 (1) CLOSURE PROJECTS.—For closure projects

24 carried out in accordance with section 3143 of the

25 National Defense Authorization Act for Fiscal Year
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1 1997 (Public Law 104–201; 110 Stat. 2836; 42

2 U.S.C. 7274n) in the amount of $1,092,492,000.

3 (2) SITE PROJECT AND COMPLETION.—For site

4 project and completion in carrying out environmental

5 restoration and waste management activities nec6 essary for national security programs in the amount

7 of $1,006,419,000, to be allocated as follows:

8 (A) For operation and maintenance,

9 $918,129,000.

10 (B) For plant projects (including mainte11 nance, restoration, planning, construction, ac12 quisition, modification of facilities, and the con13 tinuation of projects authorized in prior years,

14 and land acquisition related thereto),

15 $88,290,000, to be allocated as follows:

16 Project 99–D–402, tank farm support

17 services, F&H areas, Savannah River Site,

18 Aiken, South Carolina, $3,100,000.

19 Project 99–D–404, health physics in20 strumentation laboratory, Idaho National

21 Engineering Laboratory, Idaho, $7,200,000.

22 Project 98–D–401, H-tank farm storm

23 water systems upgrade, Savannah River

24 Site, Aiken, South Carolina, $2,977,000.
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1 Project 98–D–453, plutonium sta2 bilization and handling system for pluto3 nium finishing plant, Richland, Wash4 ington, $16,860,000.

5 Project 98–D–700, road rehabilitation,

6 Idaho National Engineering Laboratory,

7 Idaho, $2,590,000.

8 Project 97–D–450, Actinide packaging

9 and storage facility, Savannah River Site,

10 Aiken, South Carolina, $4,000,000.

11 Project 97–D–470, regulatory moni12 toring and bioassay laboratory, Savannah

13 River Site, Aiken, South Carolina,

14 $12,220,000.

15 Project 96–D–406, spent nuclear fuels

16 canister storage and stabilization facility,

17 Richland, Washington, $24,441,000.

18 Project 96–D–464, electrical and util19 ity systems upgrade, Idaho Chemical Proc20 essing Plant, Idaho National Engineering

21 Laboratory, Idaho, $11,971,000.

22 Project 96–D–471, chlorofluorocarbon

23 heating, ventilation, and air conditioning

24 and chiller retrofit, Savannah River Site,

25 Aiken, South Carolina, $931,000.
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1 Project 86–D–103, decontamination

2 and waste treatment facility, Lawrence

3 Livermore National Laboratory, Livermore,

4 California, $2,000,000.

5 (3) POST-2006 COMPLETION.—For post-2006

6 project completion in carrying out environmental res7 toration and waste management activities necessary

8 for national security programs in the amount of

9 $3,005,848,000, to be allocated as follows:

10 (A) For operation and maintenance,

11 $2,951,297,000.

12 (B) For plant projects (including mainte13 nance, restoration, planning, construction, ac14 quisition, modification of facilities, and the con15 tinuation of projects authorized in prior years,

16 and land acquisition related thereto),

17 $54,551,000, to be allocated as follows:

18 Project 00–D–401, spent nuclear fuel

19 treatment and storage facility, Title I and

20 II, Savannah River Site, Aiken, South

21 Carolina, $7,000,000.

22 Project 99–D–403, privatization phase

23 I infrastructure support, Richland, Wash24 ington, $13,988,000.
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1 Project 97–D–402, tank farm restora2 tion and safe operations, Richland, Wash3 ington, $20,516,000.

4 Project 94–D–407, initial tank re5 trieval systems, Richland, Washington,

6 $4,060,000.

7 Project 93–D–187, high-level waste re8 moval from filled waste tanks, Savannah

9 River Site, Aiken, South Carolina,

10 $8,987,000.

11 (4) SCIENCE AND TECHNOLOGY.—For science

12 and technology in carrying out environmental res13 toration and waste management activities necessary

14 for national security programs in the amount of

15 $240,500,000.

16 (5) PROGRAM DIRECTION.—For program direc17 tion in carrying out environmental restoration and

18 waste management activities necessary for national

19 security programs in the amount of $327,109,000.

20 (b) EXPLANATION OF ADJUSTMENT.—The amount au21 thorized to be appropriated in subsection (a) is the sum

22 of the amounts authorized to be appropriated in paragraphs

23 (1) through (5) of that subsection reduced by $20,000,000,

24 to be derived from environmental restoration and waste

25 management, environment, safety, and health programs.
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1 SEC. 3103. OTHER DEFENSE ACTIVITIES.

2 Funds are hereby authorized to be appropriated to the

3 Department of Energy for fiscal year 2000 for other defense

4 activities in carrying out programs necessary for national

5 security in the amount of $1,772,459,000, to be allocated

6 as follows:

7 (1) NONPROLIFERATION AND NATIONAL SECU8 RITY.—For nonproliferation and national security,

9 $658,200,000, to be allocated as follows:

10 (A) For verification and control technology,

11 $454,000,000, to be allocated as follows:

12 (i) For nonproliferation and

13 verification research and development,

14 $221,000,000, to be allocated as follows:

15 (I) For operation and mainte16 nance, $215,000,000.

17 (II) For plant projects (including

18 maintenance, restoration, planning,

19 construction, acquisition, modification

20 of facilities, and the continuation of

21 projects authorized in prior years, and

22 land acquisition related thereto),

23 $6,000,000, to be allocated as follows:

24 Project 00–D–192, non25 proliferation and international se26 curity center, Los Alamos Na-
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1 tional Laboratory, Los Alamos,

2 New Mexico, $6,000,000.

3 (ii) For arms control, $233,000,000.

4 (B) For nuclear safeguards and security,

5 $59,100,000.

6 (C) For international nuclear safety,

7 $15,300,000.

8 (D) For security investigations,

9 $10,000,000.

10 (E) For emergency management,

11 $21,000,000.

12 (F) For highly enriched uranium trans13 parency implementation, $15,750,000.

14 (G) For program direction, $83,050,000.

15 (2) INTELLIGENCE.—For intelligence,

16 $36,059,000.

17 (3) COUNTERINTELLIGENCE.—For counterintel18 ligence, $31,200,000.

19 (4) WORKER AND COMMUNITY TRANSITION.—For

20 worker and community transition, $20,000,000.

21 (5) FISSILE MATERIALS CONTROL AND DISPOSI22 TION.—For fissile materials control and disposition,

23 $239,000,000, to be allocated as follows:

24 (A) For operation and maintenance,

25 $168,766,000.
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1 (B) For program direction, $7,343,000.

2 (C) For plant projects (including mainte3 nance, restoration, planning, construction, ac4 quisition, modification of facilities, and the con5 tinuation of projects authorized in prior years,

6 and land acquisition related thereto),

7 $62,891,000, to be allocated as follows:

8 Project 00–D–142, immobilization and

9 associated processing facility, various loca10 tions, $21,765,000.

11 Project 99–D–141, pit disassembly and

12 conversion facility, various locations,

13 $28,751,000.

14 Project 99–D–143, mixed oxide fuel

15 fabrication facility, various locations,

16 $12,375,000.

17 (6) ENVIRONMENT, SAFETY, AND HEALTH.—For

18 environment, safety, and health, defense,

19 $104,000,000, to be allocated as follows:

20 (A) For the Office of Environment, Safety,

21 and Health (Defense), $79,231,000.

22 (B) For program direction, $24,769,000.

23 (7) OFFICE OF HEARINGS AND APPEALS.—For

24 the Office of Hearings and Appeals, $3,000,000.
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1 (8) NAVAL REACTORS.—For naval reactors,

2 $681,000,000, to be allocated as follows:

3 (A) For naval reactors development,

4 $660,400,000, to be allocated as follows:

5 (i) For operation and maintenance,

6 $636,400,000.

7 (ii) For plant projects (including

8 maintenance, restoration, planning, con9 struction, acquisition, modification of fa10 cilities, and the continuation of projects au11 thorized in prior years, and land acquisi12 tion related thereto), $24,000,000, to be allo13 cated as follows:

14 GPN–101 general plant projects,

15 various locations, $9,000,000.

16 Project 98–D–200, site laboratory/

17 facility upgrade, various locations,

18 $3,000,000.

19 Project 90–N–102, expended core

20 facility dry cell project, Naval Reactors

21 Facility, Idaho, $12,000,000.

22 (B) For program direction, $20,600,000.

23 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

24 Funds are hereby authorized to be appropriated to the

25 Department of Energy for fiscal year 2000 for payment to
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1 the Nuclear Waste Fund established in section 302(c) of the

2 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

3 the amount of $73,000,000.

4 SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRI5 VATIZATION.

6 (a) IN GENERAL.—Funds are hereby authorized to be

7 appropriated to the Department of Energy for fiscal year

8 2000 for privatization initiatives in carrying out environ9 mental restoration and waste management activities nec10 essary for national security programs in the amount of

11 $228,000,000, to be allocated as follows:

12 Project 98–PVT–2, spent nuclear fuel dry stor13 age, Idaho Falls, Idaho, $5,000,000.

14 Project 98–PVT–5, environmental management

15 and waste disposal, Oak Ridge, Tennessee,

16 $20,000,000.

17 Project 97–PVT–1, tank waste remediation sys18 tem phase I, Hanford, Washington, $106,000,000.

19 Project 97–PVT–2, advanced mixed waste treat20 ment facility, Idaho Falls, Idaho, $110,000,000.

21 Project 97–PVT–3, transuranic waste treatment,

22 Oak Ridge, Tennessee, $12,000,000.

23 (b) EXPLANATION OF ADJUSTMENT.—The amount au24 thorized to be appropriated in subsection (a) is the sum

25 of the amounts authorized to be appropriated for the
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1 projects in that subsection reduced by $25,000,000 for use

2 of prior year balances of funds for defense environmental

3 management privatization.

4 Subtitle B—Recurring General

5 Provisions

6 SEC. 3121. REPROGRAMMING.

7 (a) IN GENERAL.—Until the Secretary of Energy sub8 mits to the congressional defense committees the report re9 ferred to in subsection (b) and a period of 60 days has

10 elapsed after the date on which such committees receive the

11 report, the Secretary may not use amounts appropriated

12 pursuant to this title for any program—

13 (1) in amounts that exceed, in a fiscal year—

14 (A) 110 percent of the amount authorized

15 for that program by this title; or

16 (B) $1,000,000 more than the amount au17 thorized for that program by this title; or

18 (2) which has not been presented to, or requested

19 of, Congress.

20 (b) REPORT.—(1) The report referred to in subsection

21 (a) is a report containing a full and complete statement

22 of the action proposed to be taken and the facts and cir23 cumstances relied upon in support of such proposed action.

24 (2) In the computation of the 60-day period under sub25 section (a), there shall be excluded any day on which either
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1 House of Congress is not in session because of an adjourn2 ment of more than 3 days to a day certain.

3 (c) LIMITATIONS.—(1) In no event may the total

4 amount of funds obligated pursuant to this title exceed the

5 total amount authorized to be appropriated by this title.

6 (2) Funds appropriated pursuant to this title may not

7 be used for an item for which Congress has specifically de8 nied funds.

9 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

10 (a) IN GENERAL.—The Secretary of Energy may carry

11 out any construction project under the general plant

12 projects authorized by this title if the total estimated cost

13 of the construction project does not exceed $5,000,000.

14 (b) REPORT TO CONGRESS.—If, at any time during

15 the construction of any general plant project authorized by

16 this title, the estimated cost of the project is revised because

17 of unforeseen cost variations and the revised cost of the

18 project exceeds $5,000,000, the Secretary shall immediately

19 furnish a complete report to the congressional defense com20 mittees explaining the reasons for the cost variation.

21 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

22 (a) IN GENERAL.—(1) Except as provided in para23 graph (2), construction on a construction project may not

24 be started or additional obligations incurred in connection

25 with the project above the total estimated cost, whenever the
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1 current estimated cost of the construction project, which is

2 authorized by section 3101, 3102, or 3103, or which is in

3 support of national security programs of the Department

4 of Energy and was authorized by any previous Act, exceeds

5 by more than 25 percent the higher of—

6 (A) the amount authorized for the project; or

7 (B) the amount of the total estimated cost for the

8 project as shown in the most recent budget justifica9 tion data submitted to Congress.

10 (2) An action described in paragraph (1) may be taken

11 if—

12 (A) the Secretary of Energy has submitted to the

13 congressional defense committees a report on the ac14 tions and the circumstances making such action nec15 essary; and

16 (B) a period of 30 days has elapsed after the

17 date on which the report is received by the commit18 tees.

19 (3) In the computation of the 30-day period under

20 paragraph (2), there shall be excluded any day on which

21 either House of Congress is not in session because of an

22 adjournment of more than 3 days to a day certain.

23 (b) EXCEPTION.—Subsection (a) shall not apply to

24 any construction project which has a current estimated cost

25 of less than $5,000,000.
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1 SEC. 3124. FUND TRANSFER AUTHORITY.

2 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—The

3 Secretary of Energy may transfer funds authorized to be

4 appropriated to the Department of Energy pursuant to this

5 title to other Federal agencies for the performance of work

6 for which the funds were authorized. Funds so transferred

7 may be merged with and be available for the same purposes

8 and for the same period as the authorizations of the Federal

9 agency to which the amounts are transferred.

10 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

11 (1) Subject to paragraph (2), the Secretary of Energy may

12 transfer funds authorized to be appropriated to the Depart13 ment of Energy pursuant to this title between any such au14 thorizations. Amounts of authorizations so transferred may

15 be merged with and be available for the same purposes and

16 for the same period as the authorization to which the

17 amounts are transferred.

18 (2) Not more than five percent of any such authoriza19 tion may be transferred between authorizations under para20 graph (1). No such authorization may be increased or de21 creased by more than five percent by a transfer under such

22 paragraph.

23 (c) LIMITATION.—The authority provided by this sec24 tion to transfer authorizations—

25 (1) may only be used to provide funds for items

26 relating to activities necessary for national security
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1 programs that have a higher priority than the items

2 from which the funds are transferred; and

3 (2) may not be used to provide funds for an item

4 for which Congress has specifically denied funds.

5 (d) NOTICE TO CONGRESS.—The Secretary of Energy

6 shall promptly notify the Committee on Armed Services of

7 the Senate and the Committee on National Security of the

8 House of Representatives of any transfer of funds to or from

9 authorizations under this title.

10 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC11 TION DESIGN.

12 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

13 Subject to paragraph (2) and except as provided in para14 graph (3), before submitting to Congress a request for funds

15 for a construction project that is in support of a national

16 security program of the Department of Energy, the Sec17 retary of Energy shall complete a conceptual design for that

18 project.

19 (2) If the estimated cost of completing a conceptual

20 design for a construction project exceeds $3,000,000, the

21 Secretary shall submit to Congress a request for funds for

22 the conceptual design before submitting a request for funds

23 for the construction project.

24 (3) The requirement in paragraph (1) does not apply

25 to a request for funds—
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1 (A) for a construction project the total estimated

2 cost of which is less than $5,000,000; or

3 (B) for emergency planning, design, and con4 struction activities under section 3126.

5 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

6 Within the amounts authorized by this title, the Secretary

7 of Energy may carry out construction design (including ar8 chitectural and engineering services) in connection with

9 any proposed construction project if the total estimated cost

10 for such design does not exceed $600,000.

11 (2) If the total estimated cost for construction design

12 in connection with any construction project exceeds

13 $600,000, funds for such design must be specifically author14 ized by law.

15 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE16 SIGN, AND CONSTRUCTION ACTIVITIES.

17 (a) AUTHORITY.—The Secretary of Energy may use

18 any funds available to the Department of Energy pursuant

19 to an authorization in this title, including those funds au20 thorized to be appropriated for advance planning and con21 struction design under sections 3101, 3102, and 3103, to

22 perform planning, design, and construction activities for

23 any Department of Energy national security program con24 struction project that, as determined by the Secretary, must

25 proceed expeditiously in order to protect public health and
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1 safety, to meet the needs of national defense, or to protect

2 property.

3 (b) LIMITATION.—The Secretary may not exercise the

4 authority under subsection (a) in the case of any construc5 tion project until the Secretary has submitted to the con6 gressional defense committees a report on the activities that

7 the Secretary intends to carry out under this section and

8 the circumstances making such activities necessary.

9 (c) SPECIFIC AUTHORITY.—The requirement of section

10 3125(b)(2) does not apply to emergency planning, design,

11 and construction activities conducted under this section.

12 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU13 RITY PROGRAMS OF THE DEPARTMENT OF

14 ENERGY.

15 Subject to the provisions of appropriations Acts and

16 section 3121, amounts appropriated pursuant to this title

17 for management and support activities and for general

18 plant projects are available for use, when necessary, in con19 nection with all national security programs of the Depart20 ment of Energy.

21 SEC. 3128. AVAILABILITY OF FUNDS.

22 (a) IN GENERAL.—Except as provided in subsection

23 (b), when so specified in an appropriations Act, amounts

24 appropriated for operation and maintenance or for plant

25 projects may remain available until expended.
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1 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

2 Amounts appropriated for program direction pursuant to

3 an authorization of appropriations in subtitle A shall re4 main available to be expended only until the end of fiscal

5 year 2001.

6 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MAN7 AGEMENT FUNDS.

8 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON9 MENTAL MANAGEMENT FUNDS.—The Secretary of Energy

10 shall provide the manager of each field office of the Depart11 ment of Energy with the authority to transfer defense envi12 ronmental management funds from a program or project

13 under the jurisdiction of the office to another such program

14 or project.

15 (b) LIMITATIONS.—(1) Only one transfer may be made

16 to or from any program or project under subsection (a) in

17 a fiscal year.

18 (2) The amount transferred to or from a program or

19 project under subsection (a) may not exceed $5,000,000 in

20 a fiscal year.

21 (3) A transfer may not be carried out by a manager

22 of a field office under subsection (a) unless the manager

23 determines that the transfer is necessary to address a risk

24 to health, safety, or the environment or to assure the most
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1 efficient use of defense environmental management funds at

2 the field office.

3 (4) Funds transferred pursuant to subsection (a) may

4 not be used for an item for which Congress has specifically

5 denied funds or for a new program or project that has not

6 been authorized by Congress.

7 (c) EXEMPTION FROM REPROGRAMMING REQUIRE8 MENTS.—The requirements of section 3121 shall not apply

9 to transfers of funds pursuant to subsection (a).

10 (d) NOTIFICATION.—The Secretary, acting through the

11 Assistant Secretary of Energy for Environmental Manage12 ment, shall notify Congress of any transfer of funds pursu13 ant to subsection (a) not later than 30 days after such

14 transfer occurs.

15 (e) DEFINITIONS.—In this section:

16 (1) The term ‘‘program or project’’ means, with

17 respect to a field office of the Department of Energy,

18 any of the following:

19 (A) A program referred to or a project listed

20 in paragraph (2) or (3) of section 3102.

21 (B) A program or project not described in

22 subparagraph (A) that is for environmental res23 toration or waste management activities nec24 essary for national security programs of the De25 partment, that is being carried out by the office,
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1 and for which defense environmental manage2 ment funds have been authorized and appro3 priated before the date of enactment of this Act.

4 (2) The term ‘‘defense environmental manage5 ment funds’’ means funds appropriated to the Depart6 ment of Energy pursuant to an authorization for car7 rying out environmental restoration and waste man8 agement activities necessary for national security pro9 grams.

10 (f) DURATION OF AUTHORITY.—The managers of the

11 field offices of the Department may exercise the authority

12 provided under subsection (a) during the period beginning

13 on October 1, 1999, and ending on September 30, 2000.

14 Subtitle C—Program Authoriza15 tions, Restrictions, and Limita16 tions

17 SEC. 3131. LIMITATION ON USE AT DEPARTMENT OF EN18 ERGY LABORATORIES OF FUNDS APPRO19 PRIATED FOR THE INITIATIVES FOR PRO20 LIFERATION PREVENTION PROGRAM.

21 (a) LIMITATION.—Not more than 25 percent of the

22 funds appropriated for any fiscal year for the program of

23 the Department of Energy known as the Initiatives for Pro24 liferation Prevention Program may be spent at the Depart25 ment of Energy laboratories.
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1 (b) EFFECTIVE DATE.—The limitation in subsection

2 (a) applies with respect to funds appropriated for any fiscal

3 year after fiscal year 1999.

4 SEC. 3132. PROHIBITION ON USE FOR PAYMENT OF RUS5 SIAN GOVERNMENT TAXES AND CUSTOMS DU6 TIES OF FUNDS APPROPRIATED FOR THE INI7 TIATIVES FOR PROLIFERATION PREVENTION

8 PROGRAM.

9 Funds appropriated for the program of the Depart10 ment of Energy known as the Initiatives for Proliferation

11 Prevention Program may not be used to pay any tax or

12 customs duty levied by the government of the Russian Fed13 eration.

14 SEC. 3133. MODIFICATION OF LABORATORY-DIRECTED RE15 SEARCH AND DEVELOPMENT TO PROVIDE

16 FUNDS FOR THEATER BALLISTIC MISSILE DE17 FENSE.

18 (a) CONDUCT OF PROGRAMS.—The Secretary of En19 ergy shall ensure that the national laboratories carry out

20 theater ballistic missile defense development programs in

21 accordance with—

22 (1) the memorandum of understanding between

23 the Secretary of Energy and the Secretary of Defense

24 required by section 3131(a) of the National Defense
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1 Authorization Act for Fiscal Year 1998 (Public Law

2 105–85; 111 Stat. 2034; 10 U.S.C. 2431 note); and

3 (2) such regulations as the Secretary of Energy

4 may prescribe.

5 (b) FUNDING.—Of the funds provided by the Depart6 ment of Energy to the national laboratories for national

7 security activities, the Secretary of Energy shall provide a

8 specific amount, equal to 3 percent of such funds, to be used

9 by such laboratories for theater ballistic missile defense de10 velopment programs.

11 (c) NATIONAL LABORATORIES.—For purposes of this

12 section, the term ‘‘national laboratories’’ has the meaning

13 given such term in section 3131(d) of the National Defense

14 Authorization Act for Fiscal Year 1998 (Public Law 105–

15 85; 111 Stat. 2034; 10 U.S.C. 2431 note).

16 (d) KINETIC ENERGY WARHEAD PROGRAMS.—(1) Not17 withstanding subsection (a), during fiscal year 2000 the

18 Secretary of Energy shall use the funds required to be made

19 available pursuant to subsection (b) for theater ballistic

20 missile defense development programs for the purpose of the

21 development and test of advanced kinetic energy ballistic

22 missile defense warheads based on advanced explosive tech23 nology, the designs of which—

24 (A) are compatible with the Army Theater High25 Altitude Area-Wide Defense (THAAD) system, the
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1 Navy Theater Wide system, the Navy Area Defense

2 system, and the Patriot Advanced Capability–3

3 (PAC–3) system; and

4 (B) will be available for ground lethality testing

5 not later than one year after the date of the enact6 ment of this Act.

7 (2) Of the funds made available for purposes of para8 graph (1), one-half shall be made available for work at Los

9 Alamos National Laboratory and one-half shall be made

10 available for work at Lawrence Livermore National Lab11 oratory.

12 (3) If the Secretary does not use the full amount re13 ferred to in paragraph (1) for the purposes stated in that

14 paragraph, the remainder of such amount shall be used in

15 accordance with subsection (a).

16 (e) REDUCTION IN LABORATORY-DIRECTED RESEARCH

17 AND DEVELOPMENT PROGRAMS.—Subsection (c) of section

18 3132 of the National Defense Authorization Act for Fiscal

19 Year 1991 (42 U.S.C. 7257a) is amended by striking ‘‘6

20 percent’’ and inserting ‘‘3 percent’’.

21 SEC. 3134. SUPPORT OF THEATER BALLISTIC MISSILE DE22 FENSE ACTIVITIES OF THE DEPARTMENT OF

23 DEFENSE.

24 (a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MIS25 SILE DEFENSE ACTIVITIES.—Of the amounts authorized to
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1 be appropriated to the Department of Energy pursuant to

2 section 3101, $30,000,000 shall be available only for re3 search, development, and demonstration activities to sup4 port the mission of the Ballistic Missile Defense Organiza5 tion of the Department of Defense, including the following

6 activities:

7 (1) Technology development, concept demonstra8 tion, and integrated testing to improve reliability and

9 reduce risk in hit-to-kill interceptors for theater bal10 listic missile defense.

11 (2) Support for science and engineering teams to

12 address technical problems identified by the Director

13 of the Ballistic Missile Defense Organization as crit14 ical to acquisition of a theater ballistic missile defense

15 capability.

16 (b) MEMORANDUM OF UNDERSTANDING.—The activi17 ties referred to in subsection (a) shall be carried out under

18 the memorandum of understanding entered into by the Sec19 retary of Energy and the Secretary of Defense for the use

20 of national laboratories for ballistic missile defense pro21 grams, as required by section 3131 of the National Defense

22 Authorization Act for Fiscal Year 1998 (Public Law 105–

23 85; 111 Stat. 2034).

24 (c) METHOD OF FUNDING.—Funds for activities re25 ferred to in subsection (a) may be provided—
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1 (1) by direct payment from funds available pur2 suant to subsection (a); or

3 (2) in the case of such an activity carried out by

4 a national laboratory but paid for by the Ballistic

5 Missile Defense Organization, through a method

6 under which the Secretary of Energy waives any re7 quirement for the Department of Defense to pay any

8 indirect expenses (including overhead and federal ad9 ministrative charges) of the Department of Energy or

10 its contractors.

11 Subtitle D—Commission on Nuclear

12 Weapons Management

13 SEC. 3151. ESTABLISHMENT OF COMMISSION.

14 (a) ESTABLISHMENT.—There is hereby established a

15 commission to be known as the ‘‘Commission on Nuclear

16 Weapons Management’’ (hereinafter in this subtitle referred

17 to as the ‘‘Commission’’).

18 (b) COMPOSITION.—The Commission shall be composed

19 of nine members, appointed as follows:

20 (1) Two members shall be appointed by the

21 chairman of the Committee on Armed Services of the

22 House of Representatives.

23 (2) Two members shall be appointed by the rank24 ing minority party member of the Committee on

25 Armed Services of the House of Representatives.
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1 (3) Two members shall be appointed by the

2 chairman of the Committee on Armed Services of the

3 Senate.

4 (4) Two members shall be appointed by the rank5 ing minority party member of the Committee on

6 Armed Services of the Senate.

7 (5) One member, who shall serve as chairman of

8 the Commission, shall be appointed by the chairman

9 of the Committee on Armed Services of the House of

10 Representatives and the chairman of the Committee

11 on Armed Services of the Senate, acting jointly, in

12 consultation with the ranking minority party member

13 of the Committee on Armed Services of the House of

14 Representatives and the ranking minority party

15 member of the Committee on Armed Services of the

16 Senate.

17 (c) QUALIFICATIONS.—Members of the Commission

18 shall be appointed from among private United States citi19 zens with knowledge and expertise in nuclear weapons pol20 icy, organization, and management matters.

21 (d) PERIOD OF APPOINTMENT; VACANCIES.—Members

22 shall be appointed for the life of the Commission. Any va23 cancy in the Commission shall be filled in the same manner

24 as the original appointment.
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1 (e) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

2 appointments to the Commission shall be made not later

3 than 30 days after the date of the enactment of this Act.

4 (2) The Commission shall convene its first meeting not

5 later than 30 days after the date on which all members of

6 the Commission have been appointed.

7 (f) SECURITY CLEARANCES.—The Secretary of Defense

8 shall expedite the processing of appropriate security clear9 ances for members of the Commission.

10 SEC. 3152. DUTIES OF COMMISSION.

11 (a) IN GENERAL.—The Commission shall examine the

12 organizational and management structures within the De13 partment of Energy and the Department of Defense that

14 are responsible for the following, as they pertain to nuclear

15 weapons:

16 (1) Development of nuclear weapons policy and

17 standards.

18 (2) Generation of requirements.

19 (3) Inspection and certification of the nuclear

20 stockpile.

21 (4) Research, development, and design.

22 (5) Manufacture, assembly, disassembly, refur23 bishment, surveillance, and storage.

24 (6) Operation and maintenance.

25 (7) Construction.
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1 (8) Sustainment and development of high-quality

2 personnel.

3 (b) STRUCTURES.—The organizational and manage4 ment structures to be examined under subsection (a) shall

5 include the following:

6 (1) The management headquarters of the Depart7 ment of Energy, the Department of Defense, the mili8 tary departments, and defense agencies.

9 (2) Headquarters support activities of the De10 partment of Energy, the Department of Defense, the

11 military departments, and defense agencies.

12 (3) The acquisition organizations in the Depart13 ment of Energy and the Department of Defense.

14 (4) The nuclear weapons complex, including the

15 nuclear weapons laboratories, the nuclear weapons

16 production facilities, and defense environmental reme17 diation sites.

18 (5) The Nuclear Weapons Council and its stand19 ing committee.

20 (6) The United States Strategic Command.

21 (7) The Defense Threat Reduction Agency.

22 (8) Policy-oriented elements of the Government

23 that affect the management of nuclear weapons, in24 cluding the following:

25 (A) The National Security Council.
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1 (B) The Arms Control and Disarmament

2 Agency.

3 (C) The Office of the Under Secretary of De4 fense for Policy.

5 (D) The office of the Deputy Chief of Staff

6 of the Air Force for Air and Space Operations.

7 (E) The office of the Deputy Chief of Naval

8 Operations for Plans, Policy, and Operations.

9 (F) The headquarters of each combatant

10 command (in addition to the United States

11 Strategic Command) that has nuclear weapons

12 responsibilities.

13 (G) Such other organizations as the Com14 mission determines appropriate to include.

15 (c) EVALUATIONS.—In carrying out its duties, the

16 Commission shall—

17 (1) evaluate the rationale for current manage18 ment and organization structures, and the relation19 ship among the entities within those structures;

20 (2) evaluate the efficiency and effectiveness of

21 those structures; and

22 (3) propose and evaluate alternative organiza23 tional and management structures, including alter24 natives that would transfer authorities of the Depart25 ment of Energy for the defense program and defense
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1 environmental management to the Department of De2 fense.

3 (d) COOPERATION FROM GOVERNMENT OFFICIALS.—

4 In carrying out its duties, the Commission should receive

5 the full and timely cooperation of the Secretary of Defense,

6 the Secretary of Energy, and any other United States Gov7 ernment official responsible for providing the Commission

8 with analyses, briefings, and other information necessary

9 for the fulfillment of its responsibilities.

10 SEC. 3153. REPORTS.

11 The Commission shall submit to Congress an interim

12 report containing its preliminary findings and conclusions

13 not later than October 15, 2000, and a final report con14 taining its findings and conclusions not later than January

15 1, 2001.

16 SEC. 3154. POWERS.

17 (a) HEARINGS.—The Commission or, at its direction,

18 any panel or member of the Commission, may, for the pur19 pose of carrying out the provisions of this title, hold hear20 ings, sit and act at times and places, take testimony, receive

21 evidence, and administer oaths to the extent that the Com22 mission or any panel or member considers advisable.

23 (b) INFORMATION.—The Commission may secure di24 rectly from the Department of Defense, the Department of

25 Energy, and any other Federal department or agency infor-
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1 mation that the Commission considers necessary to enable

2 the Commission to carry out its responsibilities under this

3 title.

4 SEC. 3155. COMMISSION PROCEDURES.

5 (a) MEETINGS.—The Commission shall meet at the

6 call of the Chairman.

7 (b) QUORUM.—(1) Five members of the Commission

8 shall constitute a quorum other than for the purpose of hold9 ing hearings.

10 (2) The Commission shall act by resolution agreed to

11 by a majority of the members of the Commission.

12 (c) COMMISSION.—The Commission may establish

13 panels composed of less than full membership of the Com14 mission for the purpose of carrying out the Commission’s

15 duties. The actions of each such panel shall be subject to

16 the review and control of the Commission. Any findings and

17 determinations made by such a panel shall not be consid18 ered the findings and determinations of the Commission un19 less approved by the Commission.

20 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS21 SION.—Any member or agent of the Commission may, if

22 authorized by the Commission, take any action which the

23 Commission is authorized to take under this title.
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1 SEC. 3156. PERSONNEL MATTERS.

2 (a) PAY OF MEMBERS.—Members of the Commission

3 shall serve without pay by reason of their work on the Com4 mission.

5 (b) TRAVEL EXPENSES.—The members of the Commis6 sion shall be allowed travel expenses, including per diem

7 in lieu of subsistence, at rates authorized for employees of

8 agencies under subchapter I of chapter 57 of title 5, United

9 States Code, while away from their homes or regular places

10 of business in the performance of services for the Commis11 sion.

12 (c) STAFF.—(1) The chairman of the Commission

13 may, without regard to the provisions of title 5, United

14 States Code, governing appointments in the competitive

15 service, appoint a staff director and such additional per16 sonnel as may be necessary to enable the Commission to

17 perform its duties. The appointment of a staff director shall

18 be subject to the approval of the Commission.

19 (2) The chairman of the Commission may fix the pay

20 of the staff director and other personnel without regard to

21 the provisions of chapter 51 and subchapter III of chapter

22 53 of title 5, United States Code, relating to classification

23 of positions and General Schedule pay rates, except that

24 the rate of pay fixed under this paragraph for the staff di25 rector may not exceed the rate payable for level V of the

26 Executive Schedule under section 5316 of such title and the
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1 rate of pay for other personnel may not exceed the max2 imum rate payable for grade GS–15 of the General Sched3 ule.

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re5 quest of the chairman of the Commission, the head of any

6 Federal department or agency may detail, on a non7 reimbursable basis, any personnel of that department or

8 agency to the Commission to assist it in carrying out its

9 duties.

10 (e) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The chairman of the Commission may

12 procure temporary and intermittent services under section

13 3109(b) of title 5, United States Code, at rates for individ14 uals which do not exceed the daily equivalent of the annual

15 rate of basic pay payable for level V of the Executive Sched16 ule under section 5316 of such title.

17 SEC. 3157. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

18 (a) POSTAL AND PRINTING SERVICES.—The Commis19 sion may use the United States mails and obtain printing

20 and binding services in the same manner and under the

21 same conditions as other departments and agencies of the

22 Federal Government.

23 (b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT

24 SERVICES.—The Secretary of Defense and the Secretary of

25 Energy shall furnish the Commission, on a reimbursable
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1 basis, any administrative and support services requested by

2 the Commission.

3 SEC. 3158. FUNDING.

4 (a) SOURCE OF FUNDS.—Funds for activities of the

5 Commission shall be provided from—

6 (1) amounts appropriated for the Department of

7 Defense for operation and maintenance for Defense8 wide activities for fiscal year 2000; and

9 (2) amounts appropriated for the Department of

10 Energy for program direction for weapons activities

11 and for defense environmental restoration and waste

12 management for fiscal year 2000.

13 (b) DISBURSEMENT.—Upon receipt of a written cer14 tification from the Chairman of the Commission specifying

15 the funds required for the activities of the Commission, the

16 Secretary of Defense and the Secretary of Energy shall

17 promptly disburse to the Commission, from such amounts,

18 the funds required by the Commission as stated in such cer19 tification.

20 SEC. 3159. TERMINATION OF THE COMMISSION.

21 The Commission shall terminate 60 days after the date

22 of the submission of its final report under section 3153.
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1 Subtitle E—Other Matters

2 SEC. 3161. PROCEDURES FOR MEETING TRITIUM PRODUC3 TION REQUIREMENTS.

4 (a) ACCELERATOR PRODUCTION PLAN.—Not later

5 than January 15, 2000, the Secretary of Energy shall sub6 mit to the congressional defense committees a plan (in this

7 section referred to as an ‘‘accelerator production plan’’) to

8 meet the requirements in the Nuclear Weapons Stockpile

9 Memorandum relating to tritium production by expediting

10 the completion of the design and the initiation of the con11 struction of a particle accelerator for the production of trit12 ium.

13 (b) TECHNOLOGY FOR TRITIUM PRODUCTION.—If the

14 Nuclear Regulatory Commission does not grant to the Ten15 nessee Valley Authority the amended licenses described in

16 subsection (c) by December 31, 2002, the Secretary of En17 ergy shall on January 1, 2003—

18 (1) designate particle accelerator technology as

19 the primary technology for the production of tritium;

20 (2) designate commercial light water reactor

21 technology as the backup technology for the produc22 tion of tritium; and

23 (3) implement the accelerator production plan.

24 (c) AMENDED LICENSES.—The amended licenses re25 ferred to in subsection (b) are the amended licenses for the
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1 operation of each of the following commercial light water

2 reactors:

3 (1) Watts Bar reactor, Spring City, Tennessee.

4 (2) Sequoya reactor, Daisy, Tennessee.

5 SEC. 3162. EXTENSION OF AUTHORITY OF DEPARTMENT OF

6 ENERGY TO PAY VOLUNTARY SEPARATION IN7 CENTIVE PAYMENTS.

8 (a) EXTENSION.—Notwithstanding subsection

9 (c)(2)(D) of section 663 of the Treasury, Postal Service, and

10 General Government Appropriations Act, 1997 (Public Law

11 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597 note), the De12 partment of Energy may pay voluntary separation incen13 tive payments to qualifying employees who voluntarily sep14 arate (whether by retirement or resignation) before January

15 1, 2002.

16 (b) EXERCISE OF AUTHORITY.—The Department shall

17 pay voluntary separation incentive payments under sub18 section (a) in accordance with the provisions of such section

19 663.

20 (c) REPORT.—(1) Not later than March 15, 2000, the

21 Secretary of Energy shall submit to the recipients specified

22 in paragraph (3) a report describing how the Department

23 has used the authority to pay voluntary separation incen24 tive payments under subsection (a).
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1 (2) The report under paragraph (1) shall include the

2 occupations and grade levels of each employee paid a vol3 untary separation incentive payment under subsection (a)

4 and shall describe how the use of the authority to pay vol5 untary separation incentive payments under such sub6 section relates to the restructuring plans of the Department.

7 (3) The recipients specified in this paragraph are the

8 following:

9 (A) The Office of Personnel Management.

10 (B) The Committee on Armed Services of the

11 House of Representatives.

12 (C) The Committee on Armed Services of the

13 Senate.

14 (D) The Committee on Government Reform of

15 the House of Representatives.

16 (E) The Committee on Governmental Affairs of

17 the Senate.

18 SEC. 3163. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF

19 SKILLS CRITICAL TO THE DEPARTMENT OF

20 ENERGY NUCLEAR WEAPONS COMPLEX.

21 (a) IN GENERAL.—Subsection (a) of section 3140 of

22 the National Defense Authorization Act for Fiscal Year

23 1996 (Public Law 104–106; 110 Stat. 621; 42 U.S.C. 2121

24 note) is amended—
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1 (1) by striking ‘‘the Secretary’’ in the second sen2 tence and all that follows through ‘‘provide edu3 cational assistance’’ and inserting ‘‘the Secretary

4 shall provide educational assistance’’;

5 (2) by striking the semicolon after ‘‘complex’’ in

6 the second sentence and inserting a period; and

7 (3) by striking paragraphs (2) and (3).

8 (b) ELIGIBLE INDIVIDUALS.—Subsection (b) of such

9 section is amended by inserting ‘‘are United States citizens

10 who’’ in the matter preceding paragraph (1) after ‘‘pro11 gram’’.

12 (c) COVERED FACILITIES.—Subsection (c) of such sec13 tion is amended by adding at the end the following new

14 paragraphs:

15 ‘‘(5) The Lawrence Livermore National Labora16 tory, Livermore, California.

17 ‘‘(6) The Los Alamos National Laboratory, Los

18 Alamos, New Mexico.

19 ‘‘(7) The Sandia National Laboratory, Albu20 querque, New Mexico.’’.

21 (d) AGREEMENT REQUIRED.—Subsection (f) of such

22 section is amended to read as follows:

23 ‘‘(f) AGREEMENT.—(1) The Secretary may allow an

24 individual to participate in the program only if the indi25 vidual signs an agreement described in paragraph (2).
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1 ‘‘(2) An agreement referred to in paragraph (1) shall

2 be in writing, shall be signed by the participant, and shall

3 include the participant’s agreement to serve, after comple4 tion of the course of study for which the assistance was pro5 vided, as a full-time employee in a position in the Depart6 ment of Energy for a period of time to be established by

7 the Secretary of Energy of not less than one year, if such

8 a position is offered to the participant.’’.

9 (e) PLAN.—(1) Not later than January 1, 2000, the

10 Secretary of Energy shall submit to the congressional de11 fense committees a plan for the administration of the fellow12 ship program under section 3140 of the National Defense

13 Authorization Act for Fiscal Year 1996 (Public Law 104–

14 106; 42 U.S.C. 2121 note), as amended by this section.

15 (2) The plan shall include the criteria for the selection

16 of individuals for participation in such fellowship program

17 and a description of the provisions to be included in the

18 agreement required by subsection (f) of such section (as

19 amended by this section), including the period of time estab20 lished by the Secretary for the participants to serve as em21 ployees.

22 (f) FUNDING.—Of the funds authorized to be appro23 priated to the Department of Energy pursuant to section

24 3101, $5,000,000 shall be available only to conduct the fel25 lowship program under section 3140 of the National De-
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1 fense Authorization Act for Fiscal Year 1996 (Public Law

2 104–106; 42 U.S.C. 2121 note), as amended by this section.

3 SEC. 3164. DEPARTMENT OF ENERGY RECORDS DECLAS4 SIFICATION.

5 (a) IDENTIFICATION IN BUDGET.—The Secretary of

6 Energy shall include in the budget justification materials

7 submitted to Congress in support of the Department of En8 ergy budget for national security programs for any fiscal

9 year (as submitted with the budget of the President under

10 section 1105(a) of title 31) specific identification, as a

11 budgetary line item, of the amounts necessary for pro12 grammed activities during that fiscal year to declassify

13 records to carry out Executive Order 12958 (50 U.S.C. 435

14 note), or any successor Executive order, or to comply with

15 any statutory requirement to declassify Government

16 records.

17 (b) LIMITATION.—The total amount expended by the

18 Department of Energy during fiscal year 2000 to carry out

19 activities to declassify records pursuant to Executive Order

20 12958 (50 U.S.C. 435 note), or any successor Executive

21 order, or to comply with any statutory requirement to de22 classify Government records may not exceed $8,500,000.
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1 SEC. 3165. MANAGEMENT OF NUCLEAR WEAPONS PRODUC2 TION FACILITIES AND NATIONAL LABORA3 TORIES.

4 (a) AUTHORITY AND RESPONSIBILITY OF ASSISTANT

5 SECRETARY FOR DEFENSE PROGRAMS.—The Secretary of

6 Energy, in assigning functions under section 203 of the De7 partment of Energy Organization Act (42 U.S.C. 7133),

8 shall assign direct authority over, and responsibility for,

9 the nuclear weapons production facilities and the national

10 laboratories in all matters relating to national security to

11 the Assistant Secretary assigned the functions under section

12 203(a)(5) of that Act.

13 (b) COVERED FUNCTIONS.—The functions assigned to

14 the Assistant Secretary under subsection (a) shall include,

15 but not be limited to, authority over, and responsibility for,

16 the national security functions of those facilities and lab17 oratories with respect to the following:

18 (1) Strategic management.

19 (2) Policy development and guidance.

20 (3) Budget formulation and guidance.

21 (4) Resource requirements determination and al22 location.

23 (5) Program direction.

24 (6) Administration of contracts to manage and

25 operate nuclear weapons production facilities and na26 tional laboratories.
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1 (7) Environment, safety, and health operations.

2 (8) Integrated safety management.

3 (9) Safeguard and security operations.

4 (10) Oversight.

5 (11) Relationships within the Department of En6 ergy and with other Federal agencies, the Congress,

7 State, tribal, and local governments, and the public.

8 (c) REPORTING OF NUCLEAR WEAPONS PRODUCTION

9 FACILITIES AND NATIONAL LABORATORIES.—In all matters

10 relating to national security, the nuclear weapons produc11 tion facilities and the national laboratories shall report to,

12 and be accountable to, the Assistant Secretary.

13 (d) DELEGATION BY ASSISTANT SECRETARY.—The As14 sistant Secretary may delegate functions assigned under

15 subsection (a) only within the headquarters office of the As16 sistant Secretary, except that the Assistant Secretary may

17 delegate to a head of a specified operations office functions

18 including, but not limited to, supporting the following ac19 tivities at a nuclear weapons production facility or a na20 tional laboratory:

21 (1) Operational activities.

22 (2) Program execution.

23 (3) Personnel.

24 (4) Contracting and procurement.

25 (5) Facility operations oversight.
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1 (6) Integration of production and research and

2 development activities.

3 (7) Interaction with other Federal agencies,

4 State, tribal, and local governments, and the public.

5 (e) REPORTING OF OPERATIONS OFFICES.—For each

6 delegation made under subsection (d) to a head of a speci7 fied operations office, that head of that specified operations

8 office shall shall directly report to, and be accountable to,

9 the Assistant Secretary.

10 (f) DEFINITIONS.—As used in this section:

11 (1) The term ‘‘nuclear weapons production facil12 ity’’ means any of the following facilities:

13 (A) The Kansas City Plant, Kansas City,

14 Missouri.

15 (B) The Pantex Plant, Amarillo, Texas.

16 (C) The Y-12 Plant, Oak Ridge, Tennessee.

17 (D) The tritium operations at the Savan18 nah River Site, Aiken, South Carolina.

19 (E) The Nevada Test Site, Nevada.

20 (2) The term ‘‘national laboratory’’ means any

21 of the following laboratories:

22 (A) The Los Alamos National Laboratory,

23 Los Alamos, New Mexico.

24 (B) The Lawrence Livermore National Lab25 oratory, Livermore, California.
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1 (C) The Sandia National Laboratories, Al2 buquerque, New Mexico, and Livermore, Cali3 fornia.

4 (3) The term ‘‘specified operations office’’ means

5 any of the following operations offices of the Depart6 ment of Energy:

7 (A) Albuquerque Operations Office, Albu8 querque, New Mexico.

9 (B) Oak Ridge Operations Office, Oak

10 Ridge, Tennessee.

11 (C) Oakland Operations Office, Oakland,

12 California.

13 (D) Nevada Operations Office, Nevada Test

14 Site, Las Vegas, Nevada.

15 (E) Savannah River Operations Office, Sa16 vannah River Site, Aiken, South Carolina.

17 SEC. 3166. NOTICE TO CONGRESSIONAL COMMITTEES OF

18 COMPROMISE OF CLASSIFIED INFORMATION

19 WITHIN NUCLEAR ENERGY DEFENSE PRO20 GRAMS.

21 (a) IN GENERAL.—The Secretary of Energy shall no22 tify the committees specified in subsection (c) of any infor23 mation, regardless of its origin, that the Secretary receives

24 that indicates that classified information relating to mili25 tary applications of nuclear energy is being, or may have
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1 been, disclosed in an unauthorized manner to a foreign

2 power or an agent of a foreign power.

3 (b) MANNER OF NOTIFICATION.—A notification under

4 subsection (a) shall be provided, in writing, not later than

5 30 days after the date of the initial receipt of such informa6 tion by the Department of Energy.

7 (c) SPECIFIED COMMITTEES.—The committees referred

8 to in subsection (a) are the Committee on Armed Services

9 of the Senate and the Committee on Armed Services of the

10 House of Representatives.

11 (d) FOREIGN POWER.—For purposes of this section,

12 the terms ‘‘foreign power’’ and ‘‘agent of a foreign power’’

13 have the meanings given those terms in section 101 of the

14 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

15 1801).

16 TITLE XXXII—DEFENSE NU17 CLEAR FACILITIES SAFETY

18 BOARD

19 SEC. 3201. AUTHORIZATION.

20 There are authorized to be appropriated for fiscal year

21 2000, $17,500,000 for the operation of the Defense Nuclear

22 Facilities Safety Board under chapter 21 of the Atomic En23 ergy Act of 1954 (42 U.S.C. 2286 et seq.).
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1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3301. DEFINITIONS.

4 In this title:

5 (1) The term ‘‘National Defense Stockpile’’

6 means the stockpile provided for in section 4 of the

7 Strategic and Critical Materials Stock Piling Act (50

8 U.S.C. 98c).

9 (2) The term ‘‘National Defense Stockpile Trans10 action Fund’’ means the fund in the Treasury of the

11 United States established under section 9(a) of the

12 Strategic and Critical Materials Stock Piling Act (50

13 U.S.C. 98h(a)).

14 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

15 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis16 cal year 2000, the National Defense Stockpile Manager may

17 obligate up to $78,700,000 of the funds in the National De18 fense Stockpile Transaction Fund for the authorized uses

19 of such funds under section 9(b)(2) of the Strategic and

20 Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)),

21 including the disposal of hazardous materials that are envi22 ronmentally sensitive.

23 (b) ADDITIONAL OBLIGATIONS.—The National Defense

24 Stockpile Manager may obligate amounts in excess of the

25 amount specified in subsection (a) if the National Defense
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1 Stockpile Manager notifies Congress that extraordinary or

2 emergency conditions necessitate the additional obligations.

3 The National Defense Stockpile Manager may make the ad4 ditional obligations described in the notification after the

5 end of the 45-day period beginning on the date on which

6 Congress receives the notification.

7 (c) LIMITATIONS.—The authorities provided by this

8 section shall be subject to such limitations as may be pro9 vided in appropriations Acts.

10 SEC. 3303. ELIMINATION OF CONGRESSIONALLY IMPOSED

11 DISPOSAL RESTRICTIONS ON SPECIFIC

12 STOCKPILE MATERIALS.

13 Sections 3303 and 3304 of the National Defense Au14 thorization Act for Fiscal Year 1996 (Public Law 104–106;

15 110 Stat. 629) are repealed.

16 TITLE XXXIV—MARITIME

17 ADMINISTRATION

18 SEC. 3401. SHORT TITLE.

19 This title may be cited as the ‘‘Maritime Administra20 tion Authorization Act for Fiscal Year 2000’’.

21 SEC. 3402. AUTHORIZATION OF APPROPRIATIONS FOR FIS22 CAL YEAR 2000.

23 Funds are hereby authorized to be appropriated, to be

24 available without fiscal year limitation if so provided in
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1 appropriations Acts, for the use of the Department of

2 Transportation for the Maritime Administration as follows:

3 (1) For expenses necessary for operations and

4 training activities, $79,764,000 for fiscal year 2000.

5 (2) For expenses under the loan guarantee pro6 gram authorized by title XI of the Merchant Marine

7 Act, 1936 (46 App. U.S.C. 1271 et seq.), $34,893,000

8 for fiscal year 2000, of which—

9 (A) $31,000,000 is for the cost (as defined

10 in section 502(5) of the Federal Credit Reform

11 Act of 1990 (2 U.S.C. 661a(5))) of loan guaran12 tees under the program; and

13 (B) $3,893,000 is for administrative ex14 penses related to loan guarantee commitments

15 under the program.

16 SEC. 3403. AMENDMENTS TO TITLE XI OF THE MERCHANT

17 MARINE ACT, 1936.

18 (a) AUTHORITY TO HOLD OBLIGATION PROCEEDS IN

19 ESCROW.—Section 1108(a) of the Merchant Marine Act,

20 1936 (46 App. U.S.C. 1279a(a)) is amended by striking so

21 much as precedes ‘‘guarantee of an obligation’’ and insert22 ing the following:

23 ‘‘(a) AUTHORITY TO HOLD OBLIGATION PROCEEDS IN

24 ESCROW.—(1) If the proceeds of an obligation guaranteed

25 under this title are to be used to finance the construction,
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1 reconstruction, or reconditioning of a vessel that will serve

2 as security for the guarantee, the Secretary may accept and

3 hold, in escrow under an escrow agreement with the

4 obligor—

5 ‘‘(A) the proceeds of that obligation, including

6 such interest as may be earned thereon; and

7 ‘‘(B) if required by the Secretary, an amount

8 equal to 6 month’s interest on the obligation.

9 ‘‘(2) The Secretary may release funds held in escrow

10 under paragraph (1) only if the Secretary determines

11 that—

12 ‘‘(A) the obligor has paid its portion of the ac13 tual cost of construction, reconstruction, or recondi14 tioning; and

15 ‘‘(B) the funds released are needed—

16 ‘‘(i) to pay, or make reimbursements in

17 connection with payments previously made for

18 work performed in that construction, reconstruc19 tion, or reconditioning; or

20 ‘‘(ii) to pay for other costs approved by the

21 Secretary, with respect to the vessel or vessels.

22 ‘‘(3) If the security for the’’.

23 (b) AUTHORITY TO HOLD OBLIGOR’S CASH AS COL24 LATERAL.—Title XI of the Merchant Marine Act, 1936 is

25 amended by inserting after section 1108 the following:
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1 ‘‘SEC. 1109. DEPOSIT FUND.

2 ‘‘(a) ESTABLISHMENT OF DEPOSIT FUND.—There is

3 established in the Treasury a deposit fund for purposes of

4 this section. The Secretary may, in accordance with an

5 agreement under subsection (b), deposit into and hold in

6 the deposit fund cash belonging to an obligor to serve as

7 collateral for a guarantee under this title made with respect

8 to the obligor.

9 ‘‘(b) AGREEMENT.—

10 ‘‘(1) IN GENERAL.—The Secretary and an obli11 gor shall enter into a reserve fund or other collateral

12 account agreement to govern the deposit, withdrawal,

13 retention, use, and reinvestment of cash of the obligor

14 held in the deposit fund established by subsection (a).

15 ‘‘(2) TERMS.—The agreement shall contain such

16 terms and conditions as are required under this sec17 tion and such additional terms as are considered by

18 the Secretary to be necessary to protect fully the inter19 ests of the United States.

20 ‘‘(3) SECURITY INTEREST OF UNITED STATES.—

21 The agreement shall include terms that grant to the

22 United States a security interest in all amounts de23 posited into the deposit fund.

24 ‘‘(c) INVESTMENT.—The Secretary may invest and re25 invest any part of the amounts in the deposit fund estab26 lished by subsection (a) in obligations of the United States
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1 with such maturities as ensure that amounts in the deposit

2 fund will be available as required for purposes of agree3 ments under subsection (b). Cash balances of the deposit

4 fund in excess of current requirements shall be maintained

5 in a form of uninvested funds and the Secretary of the

6 Treasury shall pay interest on these funds.

7 ‘‘(d) WITHDRAWALS.—

8 ‘‘(1) IN GENERAL.—The cash deposited into the

9 deposit fund established by subsection (a) may not be

10 withdrawn without the consent of the Secretary.

11 ‘‘(2) USE OF INCOME.—Subject to paragraph (3),

12 the Secretary may pay any income earned on cash of

13 an obligor deposited into the deposit fund in accord14 ance with the terms of the agreement with the obligor

15 under subsection (b).

16 ‘‘(3) RETENTION AGAINST DEFAULT.—The Sec17 retary may retain and offset any or all of the cash

18 of an obligor in the deposit fund, and any income re19 alized thereon, as part of the Secretary’s recovery

20 against the obligor in case of a default by the obligor

21 on an obligation.’’.
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1 SEC. 3404. EXTENSION OF WAR RISK INSURANCE AUTHOR2 ITY.

3 Section 1214 of the Merchant Marine Act, 1936 (46

4 App. U.S.C. 1294) is amended by striking ‘‘June 30, 2000’’

5 and inserting ‘‘June 30, 2005’’.

6 SEC. 3405. OWNERSHIP OF THE JEREMIAH O’BRIEN.

7 Section 3302(l)(1)(C) of title 46, United States Code,

8 is amended by striking ‘‘owned by the United States Mari9 time Administration’’ and inserting ‘‘owned by the Na10 tional Liberty Ship Memorial, Inc.’’.

11 TITLE XXXV—PANAMA CANAL

12 COMMISSION

13 SEC. 3501. SHORT TITLE.

14 This title may be cited as the ‘‘Panama Canal Com15 mission Authorization Act for Fiscal Year 2000’’.

16 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

17 (a) IN GENERAL.—Subject to subsection (b), the Pan18 ama Canal Commission is authorized to use amounts in

19 the Panama Canal Revolving Fund to make such expendi20 tures within the limits of funds and borrowing authority

21 available to it in accordance with law, and to make such

22 contracts and commitments, as may be necessary under the

23 Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for

24 the operation, maintenance, improvement, and administra25 tion of the Panama Canal for fiscal year 2000 until the

26 termination of the Panama Canal Treaty of 1977.
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1 (b) LIMITATIONS.—Until noon on December 31, 1999,

2 the Panama Canal Commission may expend from funds in

3 the Panama Canal Revolving Fund not more than $100,000

4 for official reception and representation expenses, of

5 which—

6 (1) not more than $28,000 may be used for offi7 cial reception and representation expenses of the Su8 pervisory Board of the Commission;

9 (2) not more than $14,000 may be used for offi10 cial reception and representation expenses of the Sec11 retary of the Commission; and

12 (3) not more than $58,000 may be used for offi13 cial reception and representation expenses of the Ad14 ministrator of the Commission.

15 SEC. 3503. PURCHASE OF VEHICLES.

16 Notwithstanding any other provision of law, the funds

17 available to the Panama Canal Commission shall be avail18 able for the purchase and transportation to the Republic

19 of Panama of passenger motor vehicles built in the United

20 States, the purchase price of which shall not exceed $26,000

21 per vehicle.

22 SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION.

23 (a) EXPENDITURES FROM PANAMA CANAL COMMIS24 SION DISSOLUTION FUND.—Section 1305(c)(5) of the Pan25 ama Canal Act of 1979 (22 U.S.C. 3714a(c)(5)) is amended
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1 by inserting ‘‘(A)’’ after ‘‘(5)’’ and by adding at the end

2 the following:

3 ‘‘(B) The office established by subsection (b) is author4 ized to expend or obligate funds from the Fund for the pur5 poses enumerated in clauses (i) and (ii) of paragraph

6 (2)(A) until October 1, 2004.’’.

7 (b) OPERATION OF THE OFFICE OF TRANSITION AD8 MINISTRATION.—

9 (1) IN GENERAL.—The Panama Canal Act of

10 1979 (22 U.S.C. 3601 et seq.) shall continue to govern

11 the Office of Transition Administration until October

12 1, 2004.

13 (2) PROCUREMENT.—For purposes of exercising

14 authority under the procurement laws of the United

15 States, the director of such office shall have the status

16 of the head of an agency.

17 (3) OFFICES.—The Office of Transition Admin18 istration shall have offices in the Republic of Panama

19 and in the District of Columbia. Section 1110(b)(1)

20 of the Panama Canal Act of 1973 (22 U.S.C.

21 3620(b)(1)) does not apply to such office in the Re22 public of Panama.

23 (4) EFFECTIVE DATE.—This subsection shall be

24 effective on and after the termination of the Panama

25 Canal Treaty of 1977.
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1 (c) OFFICE OF TRANSITION ADMINISTRATION DE2 FINED.—In this section the term ‘‘Office of Transition Ad3 ministration’’ means the office established under section

4 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a)

5 to close out the affairs of the Panama Canal Commission.

Amend the title so as to read: ‘‘A bill to authorize

appropriations for fiscal year 2000 for military activities

of the Department of Defense, for military construction,

and for defense activities of the Department of Energy,

to prescribe personnel strengths for such fiscal year for

the Armed Forces, and for other purposes.’’.