162
(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of such title is amended by striking ‘‘December
31, 1999’’ and inserting ‘‘December 31, 2000’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of
such title is amended by striking ‘‘December 31, 1999’’ and
inserting ‘‘December 31, 2000’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of such title is amended by striking ‘‘December
31, 1999’’ and inserting ‘‘December 31, 2000’’.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT
BONUS.—Section 308h(g) of such title is amended by strik-
ing ‘‘December 31, 1999’’ and inserting ‘‘December 31,
2000’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(f) of such title is amended by striking ‘‘December 31,
1999’’ and inserting ‘‘December 31, 2000’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED
RESERVE.—Section 16302(d) of title 10, United States
Code, is amended by striking ‘‘January 1, 2000’’ and in-
serting ‘‘January 1, 2001’’.
163
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR NURSE OFFICER CAN-
DIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code,
is amended by striking ‘‘December 31, 1999’’ and inserting
‘‘December 31, 2000’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
amended by striking ‘‘December 31, 1999’’ and inserting
‘‘December 31, 2000’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
Code, is amended by striking ‘‘December 31, 1999’’ and in-
serting ‘‘December 31, 2000’’.
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL
PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section
301b(a) of title 37, United States Code, is amended by strik-
ing ‘‘December 31, 1999,’’ and inserting ‘‘December 31,
2000,’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of such title is amended by striking ‘‘Decem-
ber 31, 1999’’ and inserting ‘‘December 31, 2000’’.
164
(c) ENLISTMENT BONUS FOR PERSONS WITH CRIT-
ICAL SKILLS.—Section 308a(d) of such title, as redesig-
nated by section 618(b), is amended by striking ‘‘December
31, 1999’’ and inserting ‘‘December 31, 2000’’.
(d) ARMY ENLISTMENT BONUS.—Section 308f(c) of
such title is amended by striking ‘‘December 31, 1999’’ and
inserting ‘‘December 31, 2000’’.
(e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)
of such title is amended by striking ‘‘December 31, 1999’’
and inserting ‘‘December 31, 2000’’.
(f) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of such title is amended by striking ‘‘December 31,
1999’’ and inserting ‘‘December 31, 2000’’.
(g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of such title is amended by striking ‘‘Octo-
ber 1, 1998,’’ and all that follows through the period at the
end and inserting ‘‘December 31, 2000.’’.
SEC. 614. AVIATION CAREER INCENTIVE PAY FOR AIR BAT-
TLE MANAGERS.
(a) AVAILABILITY
OF
INCENTIVE
PAY.—Section
301a(b) of title 37, United States Code is amended by add-
ing at the end the following new paragraph:
‘‘(4) An officer serving as an air battle manager who
is entitled to aviation career incentive pay under this sec-
165
tion and who, before becoming entitled to aviation career
incentive pay, was entitled to incentive pay under section
301(a)(11) of this title, is entitled to monthly incentive pay
at a rate equal to the greater of the following:
‘‘(A) The rate applicable under this subsection.
‘‘(B) The rate at which the member was receiv-
ing incentive pay under section 301(c)(2)(A) of this
title immediately before the member’s entitlement to
aviation career incentive pay under this section.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first
month that begins on or after the date of the enactment of
this Act.
SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL
PAY TO AVIATION CAREER OFFICERS EX-
TENDING PERIOD OF ACTIVE DUTY.
(a) ELIGIBILITY CRITERIA.—Subsection (b) of section
301b of title 37, United States Code, is amended—
(1) by striking paragraphs (2) and (5);
(2) in paragraph (3), by striking ‘‘grade O–6’’
and inserting ‘‘grade O–7’’;
(3) by inserting ‘‘and’’ at the end of paragraph
(4); and
(4) by redesignating paragraphs (3), (4), and (6)
as paragraphs (2), (3), and (4), respectively.
166
(b) AMOUNT OF BONUS.—Subsection (c) of such section
is amended by striking ‘‘than—’’ and all that follows
through the period at the end and inserting ‘‘than $25,000
for each year covered by the written agreement to remain
on active duty.’’.
(c) PRORATION AUTHORITY FOR COVERAGE OF IN-
CREASED PERIOD OF ELIGIBILITY.—Subsection (d) of such
section is amended by striking ‘‘14 years of commissioned
service’’ and inserting ‘‘25 years of aviation service’’.
(d) REPEAL OF CONTENT REQUIREMENTS FOR AN-
NUAL REPORT.—Subsection (i)(1) of such section is amend-
ed by striking the second sentence.
(e) DEFINITIONS REGARDING AVIATION SPECIALTY.—
Subsection (j) of such section is amended—
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraph (4) as para-
graph (2).
(f) TECHNICAL AMENDMENT.—Subsection (g)(3) of
such section if amended by striking the second sentence.
(g) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the first day of the first month
that begins on or after the date of the enactment of this
Act.
167
SEC. 616. DIVING DUTY SPECIAL PAY.
(a) INCREASE IN PAYMENT AMOUNT.—Subsection (b)
of section 304 of title 37, United States Code, is amended—
(1) by striking ‘‘$200’’ and inserting ‘‘$240’’;
and
(2) by striking ‘‘$300’’ and inserting ‘‘$340’’.
(b) RELATION
TO
HAZARDOUS
DUTY
INCENTIVE
PAY.—Subsection (c) of such section 304 is amended to read
as follows:
‘‘(c) If, in addition to diving duty, a member is as-
signed by orders to one or more hazardous duties described
in section 301 of this title, the member may be paid, for
the same period of service, special pay under this section
and incentive pay under such section 301 for each haz-
ardous duty for which the member is qualified.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the first day of the first month
that begins on or after the date of the enactment of this
Act.
SEC. 617. REENLISTMENT BONUS.
(a) MINIMUM MONTHS OF ACTIVE DUTY.—Subsection
(a)(1)(A) of section 308 of title 37, United States Code, is
amended by striking ‘‘twenty-one months’’ and inserting
‘‘17 months’’.
(b) AMOUNT OF BONUS.—Subsection (a)(2) of such sec-
tion is amended—
168
(1) in subparagraph (A)(i), by striking ‘‘ten’’
and inserting ‘‘15’’; and
(2) in subparagraph (B), by striking ‘‘$45,000’’
and inserting ‘‘$60,000’’.
SEC. 618. ENLISTMENT BONUS.
(a) INCREASE IN BONUS AMOUNT.—Subsection (a) of
section 308a of title 37, United States Code, is amended
by striking ‘‘$12,000’’ and inserting ‘‘$20,000’’.
(b) PAYMENT METHODS.—Such section is further
amended—
(1) in subsection (a), by striking the second sen-
tence;
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d); and
(3) by inserting after subsection (a) the following
new subsection:
‘‘(b) PAYMENT METHODS.—A bonus under this section
may be paid in a single lump sum, or in periodic install-
ments, to provide an extra incentive for a member to suc-
cessfully complete the training necessary for the member to
be technically qualified in the skill for which the bonus is
paid.’’.
(c) STYLISTIC AMENDMENTS.—Such section is further
amended—
169
(1) in subsection (a), by inserting ‘‘BONUS AU-
THORIZED; BONUS AMOUNT.—’’ after ‘‘(a)’’;
(2) in subsection (c), as redesignated by sub-
section (b)(2) of this section, by inserting ‘‘REPAY-
MENT OF BONUS.—’’ after ‘‘(c)’’; and
(3) in subsection (d), as redesignated by sub-
section (b)(2) of this section, by inserting ‘‘TERMI-
NATION OF AUTHORITY.—’’ after ‘‘(d)’’.
SEC. 619. REVISED ELIGIBILITY REQUIREMENTS FOR RE-
SERVE COMPONENT PRIOR SERVICE ENLIST-
MENT BONUS.
Paragraph (2) of section 308i(a) of title 37, United
States Code, is amended to read as follows:
‘‘(2) A bonus may only be paid under this section to
a person who meets each of the following requirements:
‘‘(A) The person has completed a military service
obligation, but has less than 14 years of total military
service, and received an honorable discharge at the
conclusion of that military service obligation.
‘‘(B) The person was not released, or is not being
released, from active service for the purpose of enlist-
ment in a reserve component.
‘‘(C) The person is projected to occupy, or is oc-
cupying, a position as a member of the Selected Re-
serve in a specialty in which the person—
170
‘‘(i) successfully served while a member on
active duty and attained a level of qualification
while on active duty commensurate with the
grade and years of service of the member; or
‘‘(ii) has completed training or retraining
in the specialty skill that is designated as criti-
cally short and attained a level of qualification
in the specialty skill that is commensurate with
the grade and years of service of the member.
‘‘(D) The person has not previously been
paid a bonus (except under this section) for en-
listment, reenlistment, or extension of enlistment
in a reserve component.’’.
SEC. 620. INCREASE IN SPECIAL PAY AND BONUSES FOR
NUCLEAR-QUALIFIED OFFICERS.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(a)
of title 37, United States Code, is amended by striking
‘‘$15,000’’ and inserting ‘‘$25,000’’.
(b) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(a)(1) of such title is amended by striking ‘‘$10,000’’
and inserting ‘‘$20,000’’.
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BO-
NUSES.—Section 312c of such title is amended—
171
(1) in subsection (a)(1), by striking ‘‘$12,000’’
and inserting ‘‘$22,000’’; and
(2) in subsection (b)(1), by striking ‘‘$5,500’’
and inserting ‘‘$10,000’’.
(d) EFFECTIVE DATE.—(1) The amendments made by
this section shall take effect on October 1, 1999.
(2) The amendments made by subsections (a) and (b)
shall apply with respect to agreements accepted under sec-
tion 312(a) and 312b(a), respectively, of title 37, United
States Code, on or after October 1, 1999.
(3) The amendments made by subsection (c) shall
apply with respect to nuclear service years beginning on
or after October 1, 1999.
SEC. 621. INCREASE IN AUTHORIZED MONTHLY RATE OF
FOREIGN LANGUAGE PROFICIENCY PAY.
(a) INCREASE.—Section 316(b) of title 37, United
States Code, is amended by striking ‘‘$100’’ and inserting
‘‘$300’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first
month that begins on or after the date of the enactment of
this Act.
172
SEC. 622. AUTHORIZATION OF RETENTION BONUS FOR SPE-
CIAL WARFARE OFFICERS EXTENDING PERI-
ODS OF ACTIVE DUTY.
(a) BONUS AUTHORIZED.—Chapter 5 of title 37,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 318. Special pay: special warfare officers extending
period of active duty
‘‘(a) SPECIAL WARFARE OFFICER DEFINED.—In this
section, the term ‘special warfare officer’ means an officer
of a uniformed service who—
‘‘(1) is qualified for a military occupational spe-
cialty or designator identified by the Secretary con-
cerned as a special warfare military occupational
specialty or designator; and
‘‘(2) is serving in a position for which that specialty
or designator is authorized.
‘‘(b) RETENTION BONUS AUTHORIZED.—A special
warfare officer who meets the eligibility requirements speci-
fied in subsection (c) and who executes a written agreement,
on or after October 1, 1999, to remain on active duty in
special warfare service for at least one year may, upon the
acceptance of the agreement by the Secretary concerned, be
paid a retention bonus as provided in this section.
173
‘‘(c) ELIGIBLE OFFICERS.—A special warfare officer
may apply to enter into an agreement referred to in sub-
section (b) if the officer—
‘‘(1) is in pay grade O–3, or is in pay grade O–
4 and is not on a list of officers recommended for pro-
motion, at the time the officer applies to enter into
the agreement;
‘‘(2) has completed at least 6, but not more than
14, years of active commissioned service; and
‘‘(3) has completed any service commitment in-
curred to be commissioned as an officer.
‘‘(d) AMOUNT OF BONUS.—The amount of a retention
bonus paid under this section may not be more than
$15,000 for each year covered by the agreement.
‘‘(e) PRORATION.—The term of an agreement under
subsection (b) and the amount of the retention bonus pay-
able under subsection (d) may be prorated as long as the
agreement does not extend beyond the date on which the
officer executing the agreement would complete 14 years of
active commissioned service.
‘‘(f) PAYMENT METHODS.—(1) Upon acceptance of an
agreement under subsection (b) by the Secretary concerned,
the total amount payable pursuant to the agreement be-
comes fixed.
174
‘‘(2) The amount of the retention bonus may be paid
as follows:
‘‘(A) At the time the agreement is accepted by
the Secretary concerned, the Secretary may make a
lump sum payment equal to half the total amount
payable under the agreement. The balance of the
bonus amount shall be paid in equal annual install-
ments on the anniversary of the acceptance of the
agreement.
‘‘(B) The Secretary concerned may make grad-
uated annual payments under regulations prescribed
by the Secretary, with the first payment being pay-
able at the time the agreement is accepted by the Sec-
retary and subsequent payments being payable on the
anniversary of the acceptance of the agreement.
‘‘(g) ADDITIONAL PAY.—A retention bonus paid under
this section is in addition to any other pay and allowances
to which an officer is entitled.
‘‘(h) REPAYMENT.—(1) If an officer who has entered
into an agreement under subsection (b) and has received
all or part of a retention bonus under this section fails to
complete the total period of active duty in special warfare
service as specified in the agreement, the Secretary con-
cerned may require the officer to repay the United States,
on a pro rata basis and to the extent that the Secretary
175
determines conditions and circumstances warrant, all sums
paid the officer under this section.
‘‘(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
‘‘(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement entered into under subsection (a) does not dis-
charge the officer signing the agreement from a debt arising
under such agreement or under paragraph (1).
‘‘(i) REGULATIONS.—The Secretaries concerned shall
prescribe regulations to carry out this section, including the
definition of the term ‘special warfare service’ for purposes
of this section. Regulations prescribed by the Secretary of
a military department under this section shall be subject
to the approval of the Secretary of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 5 of title 37, United States Code
is amended by adding at the end the following new item:
‘‘318. Special pay: special warfare officers extending period of active duty.’’.
SEC. 623. AUTHORIZATION OF SURFACE WARFARE OFFICER
CONTINUATION PAY.
(a) INCENTIVE PAY AUTHORIZED.—Chapter 5 of title
37, United States Code, is amended by inserting after sec-
tion 318, as added by section 622, the following new section:
176
‘‘§ 319. Special pay: surface warfare officer continu-
ation pay
‘‘(a) ELIGIBLE SURFACE WARFARE OFFICER DE-
FINED.—In this section, the term ‘eligible surface warfare
officer’ means an officer of the Regular Navy or Naval Re-
serve on active duty who—
‘‘(1) is qualified and serving as a surface war-
fare officer;
‘‘(2) has been selected for assignment as a de-
partment head on a surface vessel; and
‘‘(3) has completed any service commitment in-
curred through the officer’s original commissioning
program.
‘‘(b) SPECIAL PAY AUTHORIZED.—An eligible surface
warfare officer who executes a written agreement, on or
after October 1, 1999, to remain on active duty to complete
one or more tours of duty to which the officer may be or-
dered as a department head on a surface ship may, upon
the acceptance of the agreement by the Secretary of the
Navy, be paid an amount not to exceed $50,000.
‘‘(c) PRORATION.—The term of the written agreement
under subsection (b) and the amount payable under the
agreement may be prorated.
‘‘(d) PAYMENT METHODS.—Upon acceptance of the
written agreement under subsection (b) by the Secretary of
the Navy, the total amount payable pursuant to the agree-
177
ment becomes fixed. The Secretary shall prepare an imple-
mentation plan specifying the amount of each installment
payment under the agreement and the times for payment
of the installments.
‘‘(e) ADDITIONAL PAY.—Any amount paid under this
section is in addition to any other pay and allowances to
which an officer is entitled.
‘‘(f) REPAYMENT.—(1) If an officer who has entered
into a written agreement under subsection (b) and has re-
ceived all or part of the amount payable under the agree-
ment fails to complete the total period of active duty as
a department head on a surface ship specified in the agree-
ment, the Secretary of the Navy may require the officer to
repay the United States, to the extent that the Secretary
of the Navy determines conditions and circumstances war-
rant, any or all sums paid under this section.
‘‘(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owned to
the United States.
‘‘(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement entered into under subsection (b) does not dis-
charge the officer signing the agreement from a debt arising
under such agreement or under paragraph (1).
178
‘‘(g) REGULATIONS.—The Secretary of the Navy shall
prescribe regulations to carry out this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 5 of title 37, United States Code,
is amended by inserting after the item relating to section
318 the following new item:
‘‘319. Special pay: surface warfare officer continuation pay.’’.
SEC. 624. AUTHORIZATION OF CAREER ENLISTED FLYER IN-
CENTIVE PAY.
(a) INCENTIVE PAY AUTHORIZED.—Chapter 5 of title
37, United States Code, is amended by inserting after sec-
tion 319, as added by section 623, the following new section:
‘‘§ 320. Incentive pay: career enlisted flyers
‘‘(a) ELIGIBLE CAREER ENLISTED FLYER DEFINED.—
In this section, the term ‘eligible career enlisted flyer’ means
an enlisted member of the armed forces who—
‘‘(1) is entitled to basic pay under section 204
of this title, or is entitled to pay under section 206
of this title as described in subsection (e) of this sec-
tion;
‘‘(2) holds an enlisted military occupational spe-
cialty or enlisted military rating designated as a ca-
reer enlisted flyer specialty or rating by the Secretary
concerned, performs duty as a dropsonde system oper-
ator, or is in training leading to qualification and
179
designation of such a specialty or rating or the per-
formance of such duty;
‘‘(3) is qualified for aviation service under regu-
lations prescribed by the Secretary concerned; and
‘‘(4) satisfies the operational flying duty require-
ments applicable under subsection (c).
‘‘(b) INCENTIVE PAY AUTHORIZED.—(1) The Secretary
concerned may pay monthly incentive pay to an eligible
career enlisted flyer in an amount not to exceed the monthly
maximum amounts specified in subsection (d). The incen-
tive pay may be paid as continuous monthly incentive pay
or on a month-to-month basis, dependent upon the oper-
ational flying duty performed by the eligible career enlisted
flyer as prescribed in subsection (c).
‘‘(2) Continuous monthly incentive pay may not be
paid to an eligible career enlisted flyer after the member
completes 25 years of aviation service. Thereafter, an eligi-
ble career enlisted flyer may still receive incentive pay on
a month-to-month basis under subsection (c)(4) for the fre-
quent and regular performance of operational flying duty.
‘‘(c) OPERATIONAL FLYING DUTY REQUIREMENTS.—
(1) An eligible career enlisted flyer must perform oper-
ational flying duties for 6 of the first 10, 9 of the first 15,
and 14 of the first 20 years of aviation service, to be eligible
for continuous monthly incentive pay under this section.
180
‘‘(2) Upon completion of 10, 15, or 20 years of avia-
tion service, an enlisted member who has not performed the
minimum required operational flying duties specified in
paragraph (1) during the prescribed period, although other-
wise meeting the definition in subsection (a), may no longer
be paid continuous monthly incentive pay except as pro-
vided in paragraph (3). Payment of continuous monthly
incentive pay if the member meets the minimum oper-
ational flying duty requirement upon completion of the next
established period of aviation service.
‘‘(3) For the needs of the service, the Secretary con-
cerned may permit, on a case-by-case basis, a member to
continue to receive continuous monthly incentive pay de-
spite the member’s failure to perform the operational flying
duty required during the first 10, 15, or 20 years of avia-
tion service, but only if the member otherwise meets the defi-
nition in subsection (a) and has performed at least 5 years
of operational flying duties during the first 10 years of
aviation service, 8 years of operational flying duties during
the first 15 years of aviation service, or 12 years of oper-
ational flying duty during the first 20 years of aviation
service. The authority of the Secretary concerned under this
paragraph may not be delegated below the level of the Serv-
ice Personnel Chief.
181
‘‘(4) If the eligibility of an eligible career enlisted flyer
to continuous monthly incentive pay ceases under sub-
section (b)(2) or paragraph (2), the member may still re-
ceive month-to-month incentive pay for subsequent frequent
and regular performance of operational flying duty. The
rate payable is the same rate authorized by the Secretary
concerned under subsection (d) for a member of cor-
responding years of aviation service.
‘‘(d) MONTHLY
MAXIMUM
INCENTIVE
PAY.—The
monthly rate for incentive pay under this section may not
exceed the amounts specified in the following table for the
applicable years of aviation service:
Monthly
‘‘Years of aviation service:
rate
4 or less ...........................................................................................
$150
Over 4 .............................................................................................
$225
Over 8 .............................................................................................
$350
Over 14 ...........................................................................................
$400
‘‘(e) ELIGIBILITY OF RESERVE COMPONENT MEMBERS
WHEN PERFORMING INACTIVE DUTY TRAINING.—Under
regulations prescribed by the Secretary concerned, when a
member of a reserve component or the National Guard, who
is entitled to compensation under section 206 of this title,
meets the definition of eligible career enlisted flyer, the Sec-
retary concerned may increase the member’s compensation
by an amount equal to 1⁄30 of the monthly incentive pay
authorized by the Secretary concerned under subsection (d)
for a member of corresponding years of aviation service who
182
is entitled to basic pay under section 204 of this title. The
reserve component member may receive the increase for as
long as the member is qualified for it, for each regular pe-
riod of instruction or period of appropriate duty, at which
the member is engaged for at least two hours, or for the
performance of such other equivalent training, instruction,
duty or appropriate duties, as the Secretary may prescribe
under section 206(a) of this title.
‘‘(f) RELATION TO HAZARDOUS DUTY INCENTIVE PAY
OR DIVING DUTY SPECIAL PAY.—A member receiving spe-
cial pay under section 301(a) or 304 of this title may not
be paid incentive pay under this section for the same period
of service.
‘‘(g) SAVE PAY PROVISION.—If, immediately before a
member receives incentive pay under this section, the mem-
ber was entitled to incentive pay under section 301(a) of
this title, the rate at which the member is paid incentive
pay under this section shall be equal to the higher of the
monthly amount applicable under subsection (d) or the rate
of incentive pay the member was receiving under subsection
(b) or (c)(2)(A) of section 301 of this title.
‘‘(h) SPECIALTY CODE OF DROPSONDE SYSTEM OPER-
ATORS.—Within the Air Force, the Secretary of the Air
Force shall assign to members who are dropsonde system
183
operators a specialty code that identifies such members as
serving in a weather specialty.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘aviation service’ means partici-
pation in aerial flight performed, under regulations
prescribed by the Secretary concerned, by an eligible
career enlisted flyer.
‘‘(2) The term ‘operational flying duty’ means
flying performed under competent orders while serv-
ing in assignments, including an assignment as a
dropsonde system operator, in which basic flying
skills normally are maintained in the performance of
assigned duties as determined by the Secretary con-
cerned, and flying duty performed by members in
training that leads to the award of an enlisted avia-
tion rating or military occupational specialty des-
ignated as a career enlisted flyer rating or specialty
by the Secretary concerned.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 5 of title 37, United States Code,
is amended by inserting after the item relating to section
319 the following new item:
‘‘320. Incentive pay: career enlisted flyers.’’.
184
SEC. 625. AUTHORIZATION OF JUDGE ADVOCATE CONTINU-
ATION PAY.
(a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of
title 37, United States Code, is amended by inserting after
section 320, as added by section 624, the following new sec-
tion:
‘‘§ 321. Special pay: judge advocate continuation pay
‘‘(a) ELIGIBLE JUDGE ADVOCATE DEFINED.—In this
section, the term ‘eligible judge advocate’ means an officer
of the armed forces on full-time active duty who—
‘‘(1) is qualified and serving as a judge advocate,
as defined in section 801 of title 10; and
‘‘(2) has completed any service commitment in-
curred through the officer’s original commissioning
program.
‘‘(b) SPECIAL PAY AUTHORIZED.—An eligible judge
advocate who executes a written agreement, on or after Oc-
tober 1, 1999, to remain on active duty for a period of obli-
gated service specified in the agreement may, upon the ac-
ceptance of the agreement by the Secretary concerned, be
paid an amount not to exceed $60,000.
‘‘(c) PRORATION.—The term of the written agreement
under subsection (b) and the amount payable under the
agreement may be prorated.
‘‘(d) PAYMENT METHODS.—Upon acceptance of the
written agreement under subsection (b) by the Secretary
185
concerned, the total amount payable pursuant to the agree-
ment becomes fixed. The Secretary shall prepare an imple-
mentation plan specifying the amount of each installment
payment under the agreement and the times for payment
of the installments.
‘‘(e) ADDITIONAL PAY.—Any amount paid under this
section is in addition to any other pay and allowances to
which an officer is entitled.
‘‘(f) REPAYMENT.—(1) If an officer who has entered
into a written agreement under subsection (b) and has re-
ceived all or part of the amount payable under the agree-
ment fails to complete the total period of active duty speci-
fied in the agreement, the Secretary concerned may require
the officer to repay the United States, to the extent that
the Secretary determines conditions and circumstances
warrant, any or all sums paid under this section.
‘‘(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owned to
the United States.
‘‘(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement entered into under subsection (b) does not dis-
charge the officer signing the agreement from a debt arising
under such agreement or under paragraph (1).
186
‘‘(g) REGULATIONS.—The Secretary concerned shall
prescribe regulations to carry out this section.’’
(2) The table of sections at the beginning of chapter
5 of title 37, United States Code, is amended by inserting
after the item relating to section 320 the following new item:
‘‘321. Special pay: judge advocate continuation pay.’’.
(b) STUDY AND REPORT ON ADDITIONAL RECRUIT-
MENT AND RETENTION INITIATIVES.—(1) The Secretary of
Defense shall conduct a study regarding the need for addi-
tional incentives to improve the recruitment and retention
of judge advocates for the Armed Forces. At a minimum,
the Secretary shall consider as possible incentives construc-
tive service credit for basic pay, educational loan repay-
ment, and Federal student loan relief.
(2) Not later than March 31, 2000, the Secretary shall
submit to Congress a report containing the findings and
recommendations resulting from the study.
Subtitle C—Travel and
Transportation Allowances
SEC. 631. PROVISION OF LODGING IN KIND FOR RESERV-
ISTS PERFORMING TRAINING DUTY AND NOT
OTHERWISE 
ENTITLED 
TO 
TRAVEL 
AND
TRANSPORTATION ALLOWANCES.
Section 404(i) of title 37, United States Code, is
amended—
187
(1) in paragraph (1), by adding at the end the
following new sentence: ‘‘If transient government
housing is unavailable, the Secretary concerned may
provide the member with lodging in kind in the same
manner as members entitled to such allowances under
subsection (a).’’; and
(2) in paragraph (3)—
(A) by inserting after ‘‘paragraph (1)’’ the
following: ‘‘and expenses of providing lodging in
kind under such paragraph’’; and
(B) by adding at the end the following new
sentence: ‘‘Use of Government charge cards is au-
thorized for payment of these expenses.’’.
SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES
FOR MEMBERS MAKING THEIR FIRST PERMA-
NENT CHANGE OF STATION.
(a) AUTHORITY
TO PAY
OR REIMBURSE.—Section
404a(a) of title 37, United States Code, is amended
(1) in paragraph (1), by striking ‘‘or’’ at the
end;
(2) in paragraph (2), by inserting ‘‘or’’ after the
semicolon; and
(3) by inserting after paragraph (2) the fol-
lowing new paragraph:
188
‘‘(3) in the case of an enlisted member who is re-
porting to the member’s first permanent duty station,
from the member’s home of record or initial technical
school to that first permanent duty station;’’.
(b) DURATION.—Such section is further amended—
(1) in the second sentence, by striking ‘‘clause
(1)’’ and inserting ‘‘paragraph (1) or (3)’’; and
(2) in the third sentence, by striking ‘‘clause (2)’’
and inserting ‘‘paragraph (2)’’.
SEC. 633. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.
Section 411d(b)(1) of title 37, United States Code, is
amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the
end;
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph:
‘‘(B) to any airport in the continental United
States to which travel can be arranged at the same
or a lower cost as travel obtained under subparagraph
(A); or’’.
189
Subtitle D—Retired Pay Reform
SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY
TO MEMBERS ELECTING NEW 15-YEAR CA-
REER STATUS BONUS.
(a) RETIRED PAY MULTIPLIER.—Paragraph (2) of
section 1409(b) of title 10, United States Code, is amended
by inserting ‘‘has elected to receive a bonus under section
321 of title 37,’’ after ‘‘July 31, 1986,’’.
(b) COST-OF-LIVING ADJUSTMENTS.—Paragraph (3)
of section 1401a(b) of such title is amended to read as fol-
lows:
‘‘(3) POST-AUGUST 1, 1986 MEMBERS.—
‘‘(A) MEMBERS ELECTING 15-YEAR CAREER
STATUS BONUS.—In the case of a member or
former member who first became a member on or
after August 1, 1986, and who elected to receive
a bonus under section 321 of title 37, the Sec-
retary shall increase the retired pay of the mem-
ber or former member (unless the percent deter-
mined under paragraph (2) is less than 1 per-
cent) by the difference between—
‘‘(i) the percent determined under
paragraph (2); and
‘‘(ii) 1 percent.
190
‘‘(B) MEMBERS NOT ELECTING 15-YEAR CA-
REER STATUS BONUS.—In the case of a member
or former member who first became a member on
or after August 1, 1986, and who did not elect
to receive a bonus under section 321 of title 37,
the Secretary shall increase the retired pay of the
member or former member—
‘‘(i) if the percent determined under
paragraph (2) is equal to or greater than 3
percent, by the difference between—
‘‘(I) the percent determined under
paragraph (2); and
‘‘(II) 1 percent; and
‘‘(ii) if the percent determined under
paragraph (2) is less than 3 percent, by the
lesser of—
‘‘(I) the percent determined under
paragraph (2); or
‘‘(II) 2 percent.’’.
(c) RECOMPUTATION OF RETIRED PAY AT AGE 62.—
Section 1410 of such title is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In
the case of’’;
191
(2) by inserting after ‘‘62 years of age,’’ the fol-
lowing: ‘‘in accordance with subsection (b) or (c), as
applicable.
‘‘(b) MEMBERS RECEIVING CAREER STATUS BONUS.—
In the case of a member or former member described in sub-
section (a) who received a bonus under section 321 of title
37, the retired pay of the member or former member shall
be recomputed under subsection (a)’’;
(3) by striking ‘‘that date’’ and inserting ‘‘the ef-
fective date of the recomputation’’; and
(4) by adding at the end the following:
‘‘(c) MEMBERS NOT RECEIVING CAREER STATUS
BONUS.—In the case of a member or former member de-
scribed in subsection (a) who did not receive a bonus under
section 321 of title 37, the retired pay of the member or
former member shall be recomputed under subsection (a) so
as to be the amount equal to the amount of retired pay
to which the member or former member would be entitled
on the effective date of the recomputation if increases in
the retired pay of the member or former member under sec-
tion 1401a(b) of this title had been computed as provided
in paragraph (2) of that section (rather than under para-
graph (3)(B) of that section).’’.
192
SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS
BONUS.
(a) CAREER SERVICE BONUS.—Chapter 5 of title 37,
United States Code, is amended by inserting after section
321, as added by section 625, the following new section:
‘‘§ 322. Special pay: 15-year career status bonus for
members entering service on or after Au-
gust 1, 1986
‘‘(a) ELIGIBLE CAREER BONUS MEMBER DEFINED.—
In this section, the term ‘eligible career bonus member’
means a member of a uniformed service serving on active
duty who—
‘‘(1) first became a member on or after August
1, 1986; and
‘‘(2) has completed 15 years of active duty in the
uniformed services (or has received notification under
subsection (e) that the member is about to complete
that duty).
‘‘(b) AVAILABILITY OF BONUS.—The Secretary con-
cerned shall pay a bonus under this section to an eligible
career bonus member if the member—
‘‘(1) elects to receive the bonus under this section;
and
‘‘(2) executes a written agreement (prescribed by
the Secretary concerned) to remain continuously on
active duty until the member has completed 20 years
193
of active-duty service creditable under section 1405 of
title 10, if the member is not already obligated to re-
main on active duty for a period that would result
in at least 20 years of active-duty service.
‘‘(c) ELECTION METHOD.—The election under sub-
section (b)(1) shall be made in such form and within such
period as the Secretary concerned may prescribe. An elec-
tion under such subsection is irrevocable.
‘‘(d) AMOUNT OF BONUS; PAYMENT.—(1) A bonus
under this section shall be paid in one lump sum of
$30,000.
‘‘(2) The bonus shall be paid to an eligible career bonus
member not later than the first month that begins on or
after the date that is 60 days after the date on which the
Secretary concerned receives from the member the election
required under subsection (b)(1) and the written agreement
required under subsection (b)(2), if applicable.
‘‘(e) NOTIFICATION
OF ELIGIBILITY.—(1) The Sec-
retary concerned shall transmit to each member who satis-
fies the definition of eligible career bonus member a written
notification of the opportunity of the member to elect to re-
ceive a bonus under this section. The Secretary shall provide
the notification not later than 180 days before the date on
which the member will complete 15 years of active duty.
‘‘(2) The notification shall include the following:
194
‘‘(A) The procedures for electing to receive the
bonus.
‘‘(B) An explanation of the effects under sections
1401a, 1409, and 1410 of title 10 that such an elec-
tion has on the computation of any retired or retainer
pay that the member may become eligible to receive.
‘‘(f) REPAYMENT OF BONUS.—(1) If a person paid a
bonus under this section fails to complete the total period
of active duty specified in subsection (b)(2), the person shall
refund to the United States the amount that bears the same
ratio to the amount of the bonus payment as the unserved
part of that total period bears to the total period.
‘‘(2) Subject to paragraph (3), an obligation to reim-
burse the United States imposed under paragraph (1) is
for all purposes a debt owed to the United States.
‘‘(3) The Secretary concerned may waive, in whole or
in part, a refund required under paragraph (1) if the Sec-
retary concerned determines that recovery would be against
equity and good conscience or would be contrary to the best
interests of the United States.
‘‘(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement under this section does not discharge the member
signing such agreement from a debt arising under the agree-
ment or this subsection.’’.
195
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
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.’’.
SEC. 643. CONFORMING AMENDMENTS.
(a) CONFORMING AMENDMENT TO SURVIVOR BENEFIT
PLAN PROVISION.—Section 1451(h)(3) of title 10, United
States Code, is amended by inserting ‘‘OF CERTAIN MEM-
BERS’’ after ‘‘RETIREMENT’’.
(b) RELATED TECHNICAL AMENDMENTS.—Chapter 71
of such title is amended as follows:
(1) Section 1401a(b) is amended by striking the
heading for paragraph (1) and inserting ‘‘INCREASE
REQUIRED.—’’.
(2) Section 1409(b)(2) is amended by inserting
‘‘CERTAIN’’ in the paragraph heading after ‘‘REDUC-
TION APPLICABLE TO’’.
SEC. 644. EFFECTIVE DATE.
The amendments made by sections 641, 642, and 643
shall take effect on October 1, 1999.
196
Subtitle E—Other Retired Pay and
Survivor Benefit Matters
SEC. 651. EFFECTIVE DATE OF DISABILITY RETIREMENT
FOR MEMBERS DYING IN CIVILIAN MEDICAL
FACILITIES.
(a) IN GENERAL.—(1) Chapter 61 of title 10, United
States Code, is amended by inserting after section 1219 the
following new section:
‘‘§ 1220. Members dying in civilian medical facilities:
authority for determination of later time
of death to allow disability retirement
‘‘(a) AUTHORITY FOR LATER TIME-OF-DEATH DETER-
MINATION TO ALLOW DISABILITY RETIREMENT.—In the
case of a member of the armed forces who dies in a civilian
medical facility in a State, the Secretary concerned may,
solely for the purpose of allowing retirement of the member
under section 1201 or 1204 of this title and subject to sub-
section (b), specify a date and time of death of the member
later than the date and time of death determined by the
attending physician in that civilian medical facility.
‘‘(b) LIMITATIONS.—A date and time of death may be
determined by the Secretary concerned under subsection (a)
only if that date and time—
‘‘(1) are consistent with the date and time of
death that reasonably could have been determined by
197
an attending physician in a military medical facility
if the member had died in a military medical facility
in the same State as the civilian medical facility; and
‘‘(2) are not more than 48 hours later than the
date and time of death determined by the attending
physician in the civilian medical facility.
‘‘(c) STATE DEFINED.—In this section, the term ‘State’
includes the District of Columbia and any Commonwealth
or possession of the United States.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1219 the following new item:
‘‘1220. Members dying in civilian medical facilities: authority for determination
of later time of death to allow disability retirement.’’.
(b) EFFECTIVE DATE.—(1) Section 1220 of title 10,
United States Code, as added by subsection (a), shall apply
with respect to any member of the Armed Forces dying in
a civilian medical facility on or after January 1, 1998.
(2) In the case of any such member dying on or after
such date and before the date of the enactment of this Act,
any specification by the Secretary concerned under such
section with respect to the date and time of death of such
member shall be made not later than 180 days after the
date of the enactment of this Act.
198
SEC. 652. EXTENSION OF ANNUITY ELIGIBILITY FOR SUR-
VIVING SPOUSES OF CERTAIN RETIREMENT
ELIGIBLE RESERVE MEMBERS.
(a) COVERAGE OF SURVIVING SPOUSES OF ALL GRAY
AREA RETIREES.—Section 644(a)(1)(B) of the National
Defense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 111 Stat. 1800) is amended by striking ‘‘dur-
ing the period beginning on September 21, 1972, and end-
ing on’’ and inserting ‘‘before’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to annuities payable
for months beginning after September 30, 1999.
SEC. 653. PRESENTATION OF UNITED STATES FLAG TO RE-
TIRING MEMBERS OF THE UNIFORMED SERV-
ICES NOT PREVIOUSLY COVERED.
(a) NONREGULAR SERVICE MILITARY RETIREES.—(1)
Chapter 1217 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 12605. Presentation of United States flag: members
transferred from an active status or dis-
charged after completion of eligibility for
retired pay
‘‘(a) PRESENTATION
OF FLAG.—Upon the transfer
from an active status or discharge of a Reserve who has
completed the years of service required for eligibility for re-
199
tired pay under chapter 1223 of this title, the Secretary
concerned shall present a United States flag to the member.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—
A member is not eligible for presentation of a flag under
subsection (a) if the member has previously been presented
a flag under this section or any provision of law providing
for the presentation of a United States flag incident to re-
lease from active service for retirement.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a
flag under this section shall be at no cost to the recipient.’’.
(2) The table of sections at the beginning of such chap-
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.’’.
(b) PUBLIC HEALTH SERVICE.—Title II of the Public
Health Service Act is amended by inserting after section
212 (42 U.S.C. 213) the following new section:
‘‘PRESENTATION OF UNITED STATES FLAG UPON
RETIREMENT
‘‘SEC. 213. (a) Upon the release of an officer of the
commissioned corps of the Service from active commissioned
service for retirement, the Secretary of Health and Human
Services shall present a United States flag to the officer.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—
An officer is not eligible for presentation of a flag under
subsection (a) if the officer has previously been presented
200
a flag under this section or any other provision of law pro-
viding for the presentation of a United States flag incident
to release from active service for retirement.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a
flag under this section shall be at no cost to the recipient.’’.
(c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION.—The Coast and Geodetic Survey Commissioned
Officers’ Act of 1948 is amended by inserting after section
24 (33 U.S.C. 853u) the following new section:
‘‘SEC. 25. (a) Upon the release of a commissioned offi-
cer from active commissioned service for retirement, the
Secretary of Commerce shall present a United States flag
to the officer.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—
An officer is not eligible for presentation of a flag under
subsection (a) if the officer has previously been presented
a flag under this section or any other provision of law pro-
viding for the presentation of a United States flag incident
to release from active service for retirement.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a
flag under this section shall be at no cost to the recipient.’’.
(d) EFFECTIVE DATE.—Section 12605 of title 10,
United States Code (as added by subsection (a)), section
413 of the Public Health Service Act (as added by sub-
section (b)), and section 25 of the Coast and Geodetic Sur-
201
vey Commissioned Officers’ Act of 1948 (as added by sub-
section (c)) shall apply with respect to releases from service
described in those sections on or after October 1, 1999.
(e) CONFORMING AMENDMENTS TO PRIOR LAW.—Sec-
tions 3681(b), 6141(b), and 8681(b) of title 10, United
States Code, and section 516(b) of title 14, United States
Code, are each amended by striking ‘‘under this section’’
and all that follows through the period and inserting
‘‘under this section or any other provision of law providing
for the presentation of a United States flag incident to re-
lease from active service for retirement.’’.
SEC. 654. ACCRUAL FUNDING FOR RETIREMENT SYSTEM
FOR COMMISSIONED CORPS OF NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRA-
TION.
(a) INCLUSION OF NOAA OFFICERS IN DOD MILITARY
RETIREMENT FUND.—Section 1461 of title 10, United
States Code, is amended—
(1) in subsection (a), by inserting ‘‘and the De-
partment of Commerce’’ after ‘‘Department of De-
fense’’;
(2) in subsection (b)—
(A) by inserting ‘‘and the Coast and Geo-
detic Survey Commissioned Officers’ Act of 1948
202
(33 U.S.C. 853a et seq.)’’ in paragraph (1) after
‘‘this title’’;
(B) by striking ‘‘and’’ at the end of para-
graph (2);
(C) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(D) by adding at the end the following new
paragraph:
‘‘(4) the programs under the jurisdiction of the
Department of Commerce providing annuities for sur-
vivors of members and former members of the NOAA
Corps.’’; and
(3) by adding at the end the following new sub-
section:
‘‘(c) In this chapter, the term ‘NOAA Corps’ means
the National Oceanic and Atmospheric Administration
Commissioned Corps and its predecessors.’’.
(b) PAYMENTS FROM THE FUND.—Section 1463(a) of
such title is amended—
(1) in paragraph (1), by striking ‘‘and Marine
Corps’’ and inserting ‘‘Marine Corps, and the NOAA
Corps’’; and
(2) in paragraph (4)—
(A) by inserting ‘‘and the Department of
Commerce’’ after ‘‘Department of Defense’’; and
203
(B) by striking ‘‘armed forces’’ and insert-
ing ‘‘uniformed services’’.
(c) REPORTS
BY BOARD
OF ACTUARIES.—Section
1464(b) of such title is amended by inserting ‘‘and the Sec-
retary of Commerce with respect to the NOAA Corps’’ after
‘‘Secretary of Defense’’.
(d) DEPARTMENT OF COMMERCE CONTRIBUTIONS TO
THE FUND.—Section 1465 of such title is amended as fol-
lows:
(1) Subsection (a) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) Not later than January 1, 2000, the Secretary
of Commerce shall provide to the Board the amount that
is the present value (as of October 1, 1999) of future benefits
payable from the Fund that are attributable to service in
the NOAA Corps performed before October 1, 1999. That
amount is the NOAA Corps original unfunded liability of
the Fund. The Board shall determine the period of time over
which that unfunded liability should be liquidated and shall
determine an amortization schedule for the liquidation of
such liability over that period. Contributions to the Fund
for the liquidation of the original unfunded liability in ac-
204
cordance with that schedule shall be made as provided in
section 1466(b) of this title.’’.
(2) Subsection (b) is amended—
(A) in paragraph (1)—
(i) by inserting ‘‘and the Secretary of
Commerce’’ after ‘‘Secretary of Defense’’ in
the matter preceding subparagraph (A);
(ii) by inserting ‘‘and the Department
of Commerce contributions with respect to
the NOAA Corps’’ after ‘‘Department of De-
fense contributions’’ in the matter preceding
subparagraph (A); and
(iii) by adding at the end the following
new subparagraph:
‘‘(C) The product of—
‘‘(i) the current estimate of the value of the
single level percentage of basic pay to be deter-
mined under subsection (c)(1)(C) at the time of
the next actuarial valuation under subsection
(c); and
‘‘(ii) the total amount of basic pay expected
to be paid during that fiscal year to members of
the NOAA Corps.’’; and
(B) in paragraph (2)—
205
(i) by inserting ‘‘and the Department
of Commerce’’ after ‘‘Department of De-
fense’’; and
(ii) by inserting ‘‘and shall include
separate amounts for the Department of De-
fense and the Department of Commerce’’
after ‘‘section 1105 of title 31’’.
(3) Subsection (c)(1) is amended—
(A) by inserting ‘‘and the Secretary of Com-
merce with respect to the NOAA Corps’’ in the
first sentence after ‘‘Secretary of Defense’’;
(B) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(C) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’; and
(D) by inserting after subparagraph (B) the
following new subparagraph:
‘‘(C) a determination (using the aggregate entry-
age normal cost method) of a single level percentage
of basic pay for members of the NOAA Corps.’’.
(e) PAYMENTS INTO THE FUND.—Section 1466 of such
title is amended—
(1) in subsection (a)—
206
(A) by inserting ‘‘and the Secretary of Com-
merce with respect to the NOAA Corps’’ after
‘‘Secretary of Defense’’;
(B) by striking ‘‘Department of Defense’’
after ‘‘each month as the’’;
(C) by inserting ‘‘and 1465(c)(1)(C)’’ in
paragraph (1)(A) after ‘‘section 1465(c)(1)(A)’’;
(D) by inserting ‘‘and by members of the
NOAA Corps’’ in paragraph (1)(B) before the pe-
riod; and
(E) by inserting ‘‘or members of the NOAA
Corps’’ before the period at the end of the last
sentence of that subsection;
(2) in subsection (b)(2), by inserting ‘‘and the
NOAA original unfunded liability’’ after ‘‘original
unfunded liability’’; and
(3) by adding at the end the following new sub-
section:
‘‘(c)(1) The Secretary of Transportation shall process,
on behalf of the Fund, payments under section 1463 of this
title to members on the retired list of the NOAA Corps and
to survivors of members and former members of the NOAA
Corps.
207
‘‘(2) Payments made by the Secretary of Transpor-
tation under paragraph (1) shall be charged against the
Fund.’’.
(f) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 1999.
Subtitle F—Other Matters
SEC. 671. PAYMENTS FOR UNUSED ACCRUED LEAVE AS
PART OF REENLISTMENT.
Section 501 of title 37, United States Code, is
amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘conditions or’’ and insert-
ing ‘‘conditions,’’; and
(B) by adding before the semicolon the fol-
lowing: ‘‘, or a reenlistment of the member (re-
gardless of when the reenlistment occurs)’’; and
(2) in subsection (b)(2), by striking ‘‘, or enter-
ing into an enlistment,’’.
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR
MILITARY TECHNICIANS SERVING ON ACTIVE
DUTY WITHOUT PAY OUTSIDE THE UNITED
STATES.
(a) AUTHORITY
TO PROVIDE PER DIEM ALLOW-
ANCE.—Section 1002(b) of title 37, United States Code, is
amended—
208
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) If a military technician (dual status), as de-
scribed in section 10216 of title 10, is performing active
duty without pay while on leave from technician employ-
ment, as authorized by section 6323(d) of title 5, the Sec-
retary concerned may authorize the payment of a per diem
allowance to the military technician in lieu of commutation
for subsistence and quarters under paragraph (1).’’.
(b) TYPES
OF
OVERSEAS
OPERATIONS.—Section
6323(d)(1) of title 5, United States Code, is amended by
striking ‘‘noncombat’’.
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be effective as of February 10, 1996, as
if included in section 1039 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat.432).
SEC. 673. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PRO-
GRAM.
(a) PROGRAM REQUIRED.—Subsection (a) of section
1060a of title 10, United States Code, is amended by strik-
ing ‘‘AUTHORITY.—The Secretary of Defense may’’ and in-
serting ‘‘PROGRAM REQUIRED.—The Secretary of Defense
shall’’.
209
(b) FUNDING SOURCE.—Subsection (b) of such section
is amended to read as follows:
‘‘(b) FUNDING MECHANISM.—The Secretary of Defense
shall use funds available for the Department of Defense to
carry out the program under subsection (a).’’.
(c) PROGRAM ADMINISTRATION.—Subsection (c) of
such section is amended—
(1) by striking paragraph (1)(B) and inserting
the following:
‘‘(B) In determining income eligibility standards for
families of individuals participating in the program under
this section, the Secretary of Defense shall, to the extent
practicable, use the criterion described in subparagraph
(A). The Secretary shall also consider the value of housing
in kind provided to the individual when determining pro-
gram eligibility.’’;
(2) in paragraph (2), by adding before the pe-
riod at the end the following: ‘‘, particularly with re-
spect to nutrition education and counseling’’; and
(3) by adding at the end the following new para-
graph:
‘‘(3) The Secretary of Agriculture shall provide tech-
nical assistance to the Secretary of Defense, if so requested
by the Secretary of Defense, for the purpose of carrying out
the program under subsection (a).’’.
210
(d) CONFORMING AMENDMENT.—Section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended
by adding at the end the following new subsection:
‘‘(q) The Secretary of Agriculture shall provide tech-
nical assistance to the Secretary of Defense, if so requested
by the Secretary of Defense, for the purpose of carrying out
the overseas special supplemental food program established
under section 1060a(a) of title 10, United States Code.’’.
SEC. 674. SPECIAL COMPENSATION FOR SEVERELY DIS-
ABLED UNIFORMED SERVICES RETIREES.
(a) AUTHORITY.—(1) Chapter 71 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1413. Special compensation for certain severely dis-
abled uniformed services retirees
‘‘(a) AUTHORITY.—The Secretary concerned shall, sub-
ject to the availability of appropriations for such purpose,
pay to each eligible disabled uniformed services retiree a
monthly amount determined under subsection (b).
‘‘(b) AMOUNT.—The amount to be paid (subject to the
availability of appropriations) to an eligible disabled uni-
formed services retiree in accordance with subsection (a) is
the following:
211
‘‘(1) For any month for which the retiree has a
qualifying service-connected disability rated as total,
$300.
‘‘(2) For any month for which the retiree has a
qualifying service-connected disability rated as 90
percent, $200.
‘‘(3) For any month for which the retiree has a
qualifying service-connected disability rated as 80
percent or 70 percent, $100.
‘‘(c) ELIGIBLE DISABLED UNIFORMED SERVICES RE-
TIREE DEFINED.—In this section, the term ‘eligible disabled
military retiree’ means a member of the uniformed services
in a retired status (who is retired under a provision of law
other than chapter 61 of this title) who—
‘‘(1) completed at least 20 years of service in the
uniformed services that are creditable for purposes of
computing the amount of retired pay to which the
member is entitled; and
‘‘(2) has a qualifying service-connected dis-
ability.
‘‘(d) QUALIFYING SERVICE-CONNECTED DISABILITY
DEFINED.—In this section, the term ‘qualifying service-con-
nected disability’ means a service-connected disability
that—
212
‘‘(1) was incurred or aggravated in the perform-
ance of duty as a member of a uniformed service, as
determined by the Secretary concerned; and
‘‘(2) is rated as not less than 70 percent
disabling—
‘‘(A) by the Secretary concerned as of the
date on which the member is retired from the
uniformed services; or
‘‘(B) by the Secretary of Veterans Affairs
within four years following the date on which the
member is retired from the uniformed services.
‘‘(e) STATUS OF PAYMENTS.—Payments under this
section are not retired pay.
‘‘(f) SOURCE OF FUNDS.—(1) Payments under this
section for any fiscal year shall be paid out of funds appro-
priated for pay and allowances payable by the Secretary
concerned for that fiscal year.
‘‘(2) If the amount of funds available to the Secretary
concerned for any fiscal year for payments under this sec-
tion is less than the amount required to make such pay-
ments to all eligible disabled uniformed services retirees for
that year, the Secretary shall make such payments first to
retirees described in paragraph (1) of subsection (b), then
(to the extent funds are available) to retirees described in
paragraph (2) of that subsection, and then (to the extent
213
funds are available) to retirees described in paragraph (3)
of that subsection.
‘‘(g) OTHER DEFINITIONS.—In this section:
‘‘(1) The terms ‘compensation’ and ‘service-con-
nected’ have the meanings given those terms in section
101 of title 38.
‘‘(2) The term ‘disability rated as total’ means—
‘‘(A) a disability that is rated as total
under the standard schedule of rating disabilities
in use by the Department of Veterans Affairs; or
‘‘(B) a disability for which the schedular
rating is less than total but for which a rating
of total is assigned by reason of inability of the
disabled person concerned to secure or follow a
substantially gainful occupation as a result of
service-connected disabilities.
‘‘(3) The term ‘retired pay’ includes retainer
pay, emergency officers’ retirement pay, and naval
pension.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘1413. Special compensation for certain severely disabled uniformed services retir-
ees.’’.
(b) EFFECTIVE DATE.—Section 1413 of title 10,
United States Code, as added by subsection (a), shall take
effect on October 1, 1999, and shall apply to months that
214
begin on or after that date. No benefit may be paid to any
person by reason of that section for any period before that
date.
SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED
IN A –––– CONTINGENCY OPERATION.
Section 2007(a) of title 10, United States Code, is
amended—
(1) in paragraph (2), by striking ‘‘and’’;
(2) in paragraph (3), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(4) in the case of a member serving in a contin-
gency operation or similar operational mission (other
than for training) designated by the Secretary con-
cerned, all of the charges may be paid.’’.
TITLE VII—HEALTH CARE
MATTERS
Subtitle A—Health Care Services
SEC. 701. PROVISION OF HEALTH CARE TO MEMBERS ON
ACTIVE DUTY AT CERTAIN REMOTE LOCA-
TIONS.
(a) IN GENERAL.—The Secretary of Defense shall enter
into agreements with designated providers under which
such providers will provide health care services in or
215
through managed care plans to an eligible member of the
Armed Forces who resides within the service area of the des-
ignated provider. The provisions in section 722(b)(2) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201; 10 U.S.C. 1073 note) shall apply
with respect to such agreements.
(b) ADHERENCE TO TRICARE PRIME REMOTE PRO-
GRAM POLICIES.—A designated provider who provides
health care to an eligible member described in subsection
(a) shall, in providing such care, adhere to policies of the
Department of Defense with respect to the TRICARE Prime
Remote program, including policies regarding coordination
with appropriate military medical authorities for specialty
referrals and hospitalization.
(c) REIMBURSEMENT RATES.—The Secretary shall ne-
gotiate with each designated provider reimbursement rates
that do not exceed reimbursement rates allowable under
TRICARE Standard.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘eligible member’’ has the meaning
given that term in section 731(c) of the National De-
fense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 10 U.S.C. 1074 note).
(1) The term ‘‘designated provider’’ has the
meaning given that term in section 721(5) of the Na-
216
tional Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201; 10 U.S.C. 1073 note).
SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.
(a) IN GENERAL.—Section 731 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–
337; 10 U.S.C. 1092 note) is amended—
(1) in the heading, by striking ‘‘DEMONSTRA-
TION PROGRAM’’;
(2) in subsection (a), by adding at the end the
following new paragraph:
‘‘(4) During fiscal year 2000, the Secretary shall con-
tinue to furnish the same chiropractic care in the military
medical treatment facilities designated pursuant to para-
graph (2)(A) as the chiropractic care furnished during the
demonstration program.’’;
(3) in subsection (c)—
(A) in paragraph (3), by striking ‘‘Com-
mittee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives’’ and inserting ‘‘Committees on
Armed Services of the Senate and the House of
Representatives’’; and
(B) in paragraph (5), by striking ‘‘May 1,
2000’’ and inserting ‘‘January 31, 2000’’;
(4) in subsection (d)—
217
(A) in paragraph (3)—
(i) by striking ‘‘; and’’ at the end of
subparagraph (C) and inserting a semi-
colon;
(ii) by striking the period at the end of
subparagraph (D) and inserting ‘‘; and’’;
and
(iii) by adding at the end the following
new subparagraph:
‘‘(E) if the Secretary submits an implementation
plan pursuant to subsection (e), the preparation of
such plan.’’; and
(B) by adding at the end the following new
paragraph:
‘‘(5) The Secretary shall—
‘‘(A) make full use of the oversight advisory com-
mittee in preparing—
‘‘(i) the final report on the demonstration
program conducted under this section; and
‘‘(ii) the implementation plan described in
subsection (e); and
‘‘(B) provide opportunities for members of the
committee to provide views as part of such final re-
port and plan.’’;
218
(5) by redesignating subsection (e) as subsection (f);
and
(6) by inserting after subsection (d) the following new
subsection:
‘‘(e) IMPLEMENTATION PLAN.—If the Secretary of De-
fense recommends in the final report submitted under sub-
section (c) that chiropractic health care services should be
offered in medical care facilities of the Armed Forces or as
a health care service covered under the TRICARE program,
the Secretary shall, not later than March 31, 2000, submit
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate an implementation plan for the
full integration of chiropractic health care services into the
military health care system of the Department of Defense,
including the TRICARE program. Such implementation
plan shall include—
‘‘(1) a detailed analysis of the projected costs of
fully integrating chiropractic health care services into
the military health care system;
‘‘(2) the proposed scope of practice for chiroprac-
tors who would provide services to covered bene-
ficiaries under chapter 55 of title 10, United States
Code;
‘‘(3) the proposed military medical treatment fa-
cilities at which such services would be provided;
219
‘‘(4) the military readiness requirements for
chiropractors who would provide services to such cov-
ered beneficiaries; and
‘‘(5) any other relevant factors that the Secretary
considers appropriate.’’.
(b) CONFORMING AMENDMENT.—The item relating to
section 731 in the table of contents at the beginning of such
Act is amended to read as follows:
‘‘731. Chiropractic health care.’’
SEC. 703. CONTINUATION OF PROVISION OF DOMICILIARY
AND 
CUSTODIAL 
CARE 
FOR 
CERTAIN
CHAMPUS BENEFICIARIES.
(a) CONTINUATION OF CARE.—(1) The Secretary of
Defense may, in any case in which the Secretary makes
the determination described in paragraph (2), continue to
provide payment under the Civilian Health and Medical
Program of the Uniformed Services (as defined in section
1072 of title 10, United States Code), for domiciliary or
custodial care services provided to an eligible beneficiary
that would otherwise be excluded from coverage under regu-
lations implementing section 1077(b)(1) of such title.
(2) A determination under this paragraph is a deter-
mination that discontinuation of payment for domiciliary
or custodial care services or transition to provision of care
under the individual case management program authorized
by section 1079(a)(17) of such title would be—
220
(A) inadequate to meet the needs of the eligible
beneficiary; and
(B) unjust to such beneficiary.
(b) ELIGIBLE BENEFICIARY DEFINED.—As used in
this section, the term ‘‘eligible beneficiary’’ means a covered
beneficiary (as that term is defined in section 1072 of title
10, United States Code) who, before the effective date of
final regulations to implement the individual case manage-
ment program authorized by section 1079(a)(17) of such
title, were provided domiciliary or custodial care services
for which the Secretary provided payment.
SEC. 704. REMOVAL OF RESTRICTION ON USE OF FUNDS
FOR ABORTIONS IN CERTAIN CASES OF RAPE
OR INCEST.
Section 1093(a) of title 10, United States Code, is
amended by inserting ‘‘or in a case in which the pregnancy
is the result of an act of forcible rape or incest which has
been reported to a law enforcement agency’’ before the pe-
riod.
Subtitle B—TRICARE Program
SEC. 711. IMPROVEMENTS TO CLAIMS PROCESSING UNDER
THE TRICARE PROGRAM.
(a) IN GENERAL.—(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1095b
the following new section:
221
‘‘§ 1095c. TRICARE program: facilitation of proc-
essing of claims
‘‘(a) REDUCTION OF PROCESSING TIME.—(1) With re-
spect to claims for payment for medical care provided under
the TRICARE program, the Secretary of Defense shall im-
plement a system for processing of claims under which—
‘‘(A) 95 percent of all mistake-free claims must
be processed not later than 30 days after the date that
such claims are submitted to the claims processor;
and
‘‘(B) 100 percent of all mistake-free claims must
be processed not later than 100 days after the date
that such claims are submitted to the claims proc-
essor.
‘‘(2) The Secretary may, under the system required by
paragraph (1) and consistent with the provisions in chapter
39 of title 31, United States Code (commonly referred to
as the ‘Prompt Payment Act’), require that interest be paid
on claims that are not processed within 30 days.
‘‘(b) REQUIREMENT TO PROVIDE START-UP TIME FOR
CERTAIN CONTRACTORS.—(1) The Secretary of Defense
shall not require that a contractor described in paragraph
(2) begin to provide managed care support pursuant to a
contract to provide such support under the TRICARE pro-
gram until at least nine months after the date of the award
of the contract. In such case the contractor may begin to
222
provide managed care support pursuant to the contract as
soon as practicable after the award of the contract, but in
no case later than one year after the date of such award.
‘‘(2) A contractor under this paragraph is a contractor
who is awarded a contract to provide managed care support
under the TRICARE program—
‘‘(A) who has not previously been awarded such
a contract by the Department of Defense; or
‘‘(B) who has previously been awarded such a
contract by the Department of Defense but for whom
the subcontractors have not previously been awarded
the subcontracts for such a contract.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1095b the following new item:
‘‘1095c. TRICARE program: facilitation of processing of claims.’’.
(b) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on—
(1) the status of claims processing backlogs in
each TRICARE region;
(2) the estimated time frame for resolution of
such backlogs;
(3) efforts to reduce the number of change orders
with respect to contracts to provide managed care
support under the TRICARE program and to make
223
such change orders in groups on a quarterly basis
rather than one at a time;
(4) the extent of success in simplifying claims
processing procedures through reduction of reliance of
the Department of Defense on, and the complexity of,
the health care service record;
(5) application of best industry practices with
respect to claims processing, including electronic
claims processing; and
(6) any other initiatives of the Department of
Defense to improve claims processing procedures.
(c) DEADLINE FOR IMPLEMENTATION.—The system for
processing claims required under section 1095c(a) of title
10, United States Code (as added by subsection (a)), shall
be implemented not later than 6 months after the date of
the enactment of this Act.
(d) APPLICABILITY.—Section 1095c(b) of title 10,
United States Code (as added by subsection (a)), shall
apply with respect to any contract to provide managed care
support under the TRICARE program negotiated after the
date of the enactment of this Act.
224
SEC. 
712. 
AUTHORITY 
TO 
WAIVE 
CERTAIN 
TRICARE
DEDUCTIBLES.
(a) IN GENERAL.—(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1095c
(as added by section 711) the following new section:
‘‘§ 1095d. 
TRICARE 
program: 
waiver 
of 
certain
deductibles
‘‘(a) WAIVER AUTHORIZED.—The Secretary of Defense
may waive the deductible payable for medical care provided
under the TRICARE program to an eligible dependent of—
‘‘(1) a member of a reserve component on active
duty pursuant to a call or order to active duty for
a period of less than one year; or
‘‘(2) a member of the National Guard on full-
time National Guard duty pursuant to a call or order
to full-time National Guard duty for a period of less
than one year.
‘‘(b) ELIGIBLE DEPENDENT.—As used in this section,
the term ‘eligible dependent’ means a dependent described
subparagraphs (A), (D), or (I) of section 1072(2) of this
title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 1095c the following new item:
‘‘1095d. TRICARE: program waiver of certain deductibles.’’.
225
Subtitle C—Other Matters
SEC. 721. PHARMACY BENEFITS PROGRAM.
(a) IN GENERAL.—(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074f
the following new section:
‘‘§ 1074g. Pharmacy benefits program
‘‘(a) PHARMACY BENEFITS.—(1) The Secretary of De-
fense, after consultation with the other administering Secre-
taries, shall establish an effective, efficient, integrated phar-
macy benefits program under this chapter (hereinafter in
this section referred to as the ‘pharmacy benefits program’).
‘‘(2)(A) The pharmacy benefits program shall include
a uniform formulary of pharmaceutical agents, which shall
assure the availability of pharmaceutical agents in a com-
plete range of therapeutic classes. The selection for inclusion
on the uniform formulary of particular pharmaceutical
agents in each therapeutic class shall be based on the rel-
ative clinical and cost effectiveness of the agents in such
class.
‘‘(B) The Secretary shall establish procedures for the
selection of particular pharmaceutical agents for the uni-
form formulary, and shall begin to implement the uniform
formulary not later than October 1, 2000.
226
‘‘(C) Pharmaceutical agents included on the uniform
formulary shall be available to eligible covered beneficiaries
through—
‘‘(i) facilities of the uniformed services, con-
sistent with the scope of health care services offered in
such facilities;
‘‘(ii) retail pharmacies designated or eligible
under the TRICARE program or the Civilian Health
and Medical Program of the Uniformed Services to
provide pharmaceutical agents to eligible covered
beneficiaries; or
‘‘(iii) the national mail order pharmacy pro-
gram.
‘‘(3) The pharmacy benefits program shall assure the
availability of clinically appropriate pharmaceutical
agents to members of the armed forces, including, if appro-
priate, agents not included on the uniform formulary de-
scribed in paragraph (2).
‘‘(4) The pharmacy benefits program may provide that
prior authorization be required for certain categories of
pharmaceutical agents to assure that the use of such agents
is clinically appropriate. Such categories shall be the fol-
lowing:
‘‘(A) High-cost injectable agents.
‘‘(B) High-cost biotechnology agents.
227
‘‘(C) Pharmaceutical agents with high potential
for inappropriate use.
‘‘(D) Pharmaceutical agents otherwise deter-
mined by the Secretary to require prior authoriza-
tion.
‘‘(5)(A) The pharmacy benefits program shall include
procedures for eligible covered beneficiaries to receive phar-
maceutical agents not included on the uniform formulary.
Such procedures shall include peer review procedures under
which the Secretary may determine that there is a clinical
justification for the use of a pharmaceutical agent that is
not on the uniform formulary, in which case the pharma-
ceutical agent shall be provided under the same terms and
conditions as an agent on the uniform formulary.
‘‘(B) If the Secretary determines that there is not a
clinical justification for the use of a pharmaceutical agent
that is not on the uniform formulary under the procedures
established pursuant to subparagraph (A), such pharma-
ceutical agent shall be available through at least one of the
means described in paragraph (2)(C) under terms and con-
ditions that may include cost sharing by the eligible covered
beneficiary in addition to any such cost sharing applicable
to agents on the uniform formulary.
228
‘‘(6) The Secretary of Defense shall, after consultation
with the other administering Secretaries, promulgate regu-
lations to carry out this subsection.
‘‘(7) Nothing in this subsection shall be construed as
authorizing a contractor to penalize an eligible covered ben-
eficiary with respect to, or decline coverage for, a mainte-
nance pharmaceutical that is not on the list of preferred
pharmaceuticals of the contractor and that was prescribed
for the beneficiary before the date of the enactment of this
section and stabilized the medical condition of the bene-
ficiary.
‘‘(b) ESTABLISHMENT OF COMMITTEE.—(1) The Sec-
retary of Defense shall, in consultation with the Secretaries
of the military departments, establish a pharmaceutical
and therapeutics committee for the purpose of developing
the uniform formulary of pharmaceutical agents required
by subsection (a), reviewing such formulary on a periodic
basis, and making additional recommendations regarding
the formulary as the committee determines necessary and
appropriate. The committee shall include representatives of
pharmacies of the uniformed services facilities, contractors
responsible for the TRICARE retail pharmacy program,
contractors responsible for the national mail order phar-
macy program, providers in facilities of the uniformed serv-
ices, and TRICARE network providers. Committee members
229
shall have expertise in treating the medical needs of the pop-
ulations served through such entities and in the range of
pharmaceutical and biological medicines available for
treating such populations.
‘‘(2) Not later than 90 days after the establishment of
the pharmaceutical and therapeutics committee by the Sec-
retary, the committee shall submit a proposed uniform for-
mulary to the Secretary .
‘‘(c) ADVISORY PANEL.—(1) Concurrent with the es-
tablishment of the pharmaceutical and therapeutics com-
mittee under subsection (b), the Secretary shall establish a
Uniform Formulary Beneficiary Advisory Panel to review
and comment on the development of the uniform formulary.
The Secretary shall consider the comments of the panel be-
fore implementing the uniform formulary or implementing
changes to the uniform formulary.
‘‘(2) The Secretary shall determine the size and mem-
bership of the panel established under paragraph (1), which
shall include members that represent nongovernmental or-
ganizations and associations that represent the views and
interests of a large number of eligible covered beneficiaries.
‘‘(d) PROCEDURES.—In the operation of the pharmacy
benefits program under subsection (a), the Secretary of De-
fense shall assure through management and new contractual
arrangements that financial resources are aligned such that
230
the cost of prescriptions is borne by the organization that
is financially responsible for the health care of the eligible
covered beneficiary.
‘‘(e) PHARMACY DATA TRANSACTION SERVICE.—Not
later than April 1, 2000, the Secretary of Defense shall im-
plement the use of the Pharmacy Data Transaction Service
in all fixed facilities of the uniformed services under the
jurisdiction of the Secretary, the TRICARE network retail
pharmacy program, and the national mail order pharmacy
program.
‘‘(f) DEFINITION
OF
ELIGIBLE
COVERED
BENE-
FICIARY.—As used in this section, the term ‘eligible covered
beneficiary’ means a covered beneficiary for whom eligi-
bility to receive pharmacy benefits through the means de-
scribed in subsection (a)(2)(C) is established under this
chapter or another provision of law.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1074f the following new item:
‘‘1074g. Pharmacy benefits program.’’.
231
(b) DEADLINE
FOR
ESTABLISHMENT
OF
COM-
MITTEE.—The Secretary shall establish the pharmaceutical
and therapeutics committee required under section 1074g(b)
of title 10, United States Code, not later than 30 days after
the date of enactment of this Act.
(c) REPORTS REQUIRED.—Not later than April 1 and
October 1 of fiscal years 2000 and 2001, the Secretary of
Defense shall submit to Congress a report on—
(1) implementation of the uniform formulary re-
quired under subsection (a) of section 1074g of title
10, United States Code (as added by subsection (a));
(2) the results of a confidential survey conducted
by the Secretary of prescribers for military medical
treatment facilities and TRICARE contractors to
determine—
(A) during the most recent fiscal year, how
often prescribers attempted to prescribe non-for-
mulary or non-preferred prescription drugs, how
often such prescribers were able to do so, and
whether covered beneficiaries were able to fill
such prescriptions without undue delay;
(B) the understanding by prescribers of the
reasons that military medical treatment facili-
ties or civilian contractors preferred certain
pharmaceuticals to others; and
232
(C) the impact of any restrictions on access
to non-formulary prescriptions on the clinical
decisions of the prescribers and the aggregate
cost, quality, and accessibility of health care pro-
vided to covered beneficiaries;
(3) the operation of the Pharmacy Data Trans-
action Service required by subsection (e) of such sec-
tion 1074g; and
(4) any other actions taken by the Secretary to
improve management of the pharmacy benefits pro-
gram under such section.
(d) STUDY FOR DESIGN OF PHARMACY BENEFIT FOR
CERTAIN COVERED BENEFICIARIES.—(1) Not later than
April 15, 2001, the Secretary of Defense shall prepare and
submit to Congress—
(A) a study on a design for a comprehensive
pharmacy benefit for covered beneficiaries under
chapter 55 of title 10, United States Code, who are
entitled to benefits under part A, and enrolled under
part B, of title XVIII of the Social Security Act; and
(B) an estimate of the costs of implementing and
operating such design.
(2) The design described in paragraph (1)(A) shall in-
corporate the elements of the pharmacy benefits program
233
required to be established under section 1074g of title 10,
United States Code (as added by subsection (a)).
SEC. 722. IMPROVEMENTS TO THIRD-PARTY PAYER COLLEC-
TION PROGRAM.
Section 1095 of title 10, United States Code, is
amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘the reasonable costs of’’
and inserting ‘‘reasonable charges for’’;
(B) by striking ‘‘such costs’’ and inserting
‘‘such charges’’; and
(C) by striking ‘‘the reasonable cost of’’ and
inserting ‘‘a reasonable charge for’’;
(2) by amending subsection (f) to read as follows:
‘‘(f) The Secretary of Defense, in consultation with the
other administering Secretaries, shall prescribe regulations
for the administration of this section. Such regulations shall
provide for the computation of reasonable charges for inpa-
tient services, outpatient services, and other health care
services. Computation of such reasonable charges may be
based on—
‘‘(1) per diem rates;
‘‘(2) all-inclusive per visit rates;
‘‘(3) diagnosis-related groups;
234
‘‘(4) rates prescribed under the regulations pre-
scribed to implement sections 1079 and 1086 of this
title; or
‘‘(5) such other method as may be appropriate.’’;
(3) in subsection (g), by striking ‘‘the costs of’’;
and
(4) in subsection (h)(1), by striking the first sen-
tence and inserting ‘‘The term ‘third-party payer’
means an entity that provides an insurance, medical
service, or health plan by contract or agreement, in-
cluding an automobile liability insurance or no fault
insurance carrier, and any other plan or program
that is designed to provide compensation or coverage
for expenses incurred by a beneficiary for health care
services or products.’’.
SEC. 723. AUTHORITY OF ARMED FORCES MEDICAL EXAM-
INER TO CONDUCT FORENSIC PATHOLOGY
INVESTIGATIONS.
(a) IN GENERAL.—Chapter 3 of title 10, United States
Code, is amended by adding at the end the following new
section:
235
‘‘§ 130b. Authority of armed forces medical examiner
to conduct forensic pathology investiga-
tions
‘‘(a) IN GENERAL.—The Armed Forces Medical Exam-
iner may conduct a forensic pathology investigation, in-
cluding an autopsy, to determine the cause or manner of
death of an individual in any case in which—
‘‘(1) the individual was killed, or from any cause
died an unnatural death;
‘‘(2) the cause or manner of death is unknown;
‘‘(3) there is reasonable suspicion that the death
was by unlawful means;
‘‘(4) the death appears to be from an infectious
disease or the result of the effects of a hazardous mate-
rial that may have an adverse effect on the installa-
tion or community in which the individual died or
was found dead; or
‘‘(5) the identity of the deceased individual is
unknown.
‘‘(b) LIMITATIONS ON AUTHORITY.—(1) The authority
provided under subsection (a) may only be exercised with
respect to an individual in a case in which—
‘‘(A) the individual died or is found dead at an
installation garrisoned by units of the armed forces
and under the exclusive jurisdiction of the United
States;
236
‘‘(B) the individual was, at the time of death, a
member of the armed forces on active duty or inactive
duty for training or a member of the armed forces
who recently retired under chapter 61 of this title and
died as a result of an injury or illness incurred while
on active duty;
‘‘(C) the individual was a civilian dependent of
a member of the armed forces and died or was found
dead at a location outside the United States;
‘‘(D) the Armed Forces Medical Examiner deter-
mines, pursuant to an authorized investigation by the
Department of Defense of matters involving the death
of an individual or individuals, that a factual deter-
mination of the cause or manner of the death of the
individual is necessary; or
‘‘(E) pursuant to an authorized investigation
being conducted by the Federal Bureau of Investiga-
tion, the National Transportation Safety Board, or
other Federal agency, an official of such agency with
authority to direct a forensic pathology investigation
requests that an investigation be conducted by the
Armed Forces Medical Examiner.
‘‘(2) The authority provided in subsection (a) shall be
subject to the primary jurisdiction, to the extent exercised,
of a State or local government with respect to the conduct
237
of an investigation or, if outside the United States, of au-
thority exercised under any applicable Status-of-Forces or
other international agreement between the United States
and the country in which the individual died or was found
dead.
‘‘(c) DESIGNATION
OF PATHOLOGIST.—The Armed
Forces Medical Examiner may designate any qualified pa-
thologist to carry out the authority provided in subsection
(a).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following:
‘‘130b. Authority of armed forces medical examiner to conduct forensic pathology
investigations.’’.
SEC. 724. TRAUMA TRAINING CENTER.
(a) START-UP COSTS.—Of the funds authorized to be
appropriated in section 301(22) for the Defense Health Pro-
gram, $4,000,000, shall be used for startup costs for a Trau-
ma Training Center to enhance the capability of the Army
to train forward surgical teams.
(b) AMENDMENT TO EXISTING AUTHORITY.—Section
742 of the Strom Thurmond National Defense Authoriza-
tion Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 2074) is amended to read as follows:
238
‘‘SEC. 742. AUTHORIZATION TO ESTABLISH A TRAUMA
TRAINING CENTER.
‘‘The Secretary of the Army is hereby authorized to
establish a Trauma Training Center in order to provide
the Army with a trauma center capable of training forward
surgical teams.’’.
SEC. 725. STUDY ON JOINT OPERATIONS FOR THE DEFENSE
HEALTH PROGRAM.
Not later than October 1, 2000, the Secretary of De-
fense shall prepare and submit to Congress a study identi-
fying areas with respect to the Defense Health Program for
which joint operations might be increased, including orga-
nization, training, patient care, hospital management, and
budgeting. The study shall include a discussion of the merits
and feasibility of—
(1) establishing a joint command for the Defense
Health Program as a military counterpart to the As-
sistant Secretary of Defense for Health Affairs;
(2) establishing a joint training curriculum for
the Defense Health Program; and
(3) creating a unified chain of command and
budgeting authority for the Defense Health Program.
239
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS
SEC. 801. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR
COAL AND COKE.
(a) IN GENERAL.—Section 2404 of title 10, United
States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by striking ‘‘petroleum or natural gas’’ and in-
serting ‘‘a defined fuel source’’;
(B) in paragraph (1)—
(i) by striking ‘‘petroleum market con-
ditions or natural gas market conditions, as
the case may be,’’ and inserting ‘‘market
conditions for the defined fuel source’’; and
(ii) by striking ‘‘acquisition of petro-
leum or acquisition of natural gas, respec-
tively,’’ and inserting ‘‘acquisition of that
defined fuel source’’; and
(C) in paragraph (2), by striking ‘‘petro-
leum or natural gas, as the case may be,’’ and
inserting ‘‘that defined fuel source’’;
240
(3) in subsection (b), by striking ‘‘petroleum or
natural gas’’ in the second sentence and inserting ‘‘a
defined fuel source’’;
(4) in subsection (c), by striking ‘‘petroleum’’
and all that follows through the period and inserting
‘‘a defined fuel source or services related to a defined
fuel source by exchange of a defined fuel source or
services related to a defined fuel source.’’;
(5) in subsection (d)—
(A) by striking ‘‘petroleum or natural gas’’
in the first sentence and inserting ‘‘a defined fuel
source’’; and
(B) by striking ‘‘petroleum’’ in the second
sentence and all that follows through the period
and inserting ‘‘a defined fuel source or services
related to a defined fuel source.’’; and
(6) by adding at the end the following new sub-
section:
‘‘(f) DEFINED FUEL SOURCES.—In this section, the
term ‘defined fuel source’ means any of the following:
‘‘(1) Petroleum.
‘‘(2) Natural gas.
‘‘(3) Coal.
‘‘(4) Coke.’’.
241
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 2404. Acquisition of certain fuel sources: authority
to waive contract procedures; acquisition
by exchange; sales authority’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 141 of such title is
amended to read as follows:
‘‘2404. Acquisition of certain fuel sources: authority to waive contract procedures;
acquisition by exchange; sales authority.’’.
SEC. 802. EXTENSION OF AUTHORITY TO ISSUE SOLICITA-
TIONS FOR PURCHASES OF COMMERCIAL
ITEMS IN EXCESS OF SIMPLIFIED ACQUISI-
TION THRESHOLD.
Section 4202(e) of the Clinger-Cohen Act of 1996 (divi-
sions D and E of Public Law 104–106; 10 U.S.C. 2304
note) is amended by striking ‘‘three years after the date on
which such amendments take effect pursuant to section
4401(b)’’ and inserting ‘‘January 1, 2002’’.
SEC. 803. EXPANSION OF APPLICABILITY OF REQUIREMENT
TO MAKE CERTAIN PROCUREMENTS FROM
SMALL 
ARMS 
PRODUCTION 
INDUSTRIAL
BASE.
Section 2473(d) of title 10, United States Code, is
amended by adding at the end the following new para-
graphs:
242
‘‘(6) M2 machine gun.
‘‘(7) M60 machine gun.’’.
SEC. 804. REPEAL OF TERMINATION OF PROVISION OF
CREDIT TOWARDS SUBCONTRACTING GOALS
FOR 
PURCHASES 
BENEFITING 
SEVERELY
HANDICAPPED PERSONS.
Section 2410d(c) of title 10, United States Code, is re-
pealed.
SEC. 805. EXTENSION OF TEST PROGRAM FOR NEGOTIA-
TION OF COMPREHENSIVE SMALL BUSINESS
SUBCONTRACTING PLANS.
Subsection (e) of section 834 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public
Law 101–189; 15 U.S.C. 637 note) is amended by striking
‘‘2000.’’ and inserting ‘‘2003’’.
SEC. 806. FACILITATION OF NATIONAL MISSILE DEFENSE
SYSTEM.
(a) AUTHORIZATION OF WAIVER OF REQUIREMENT
FOR COMPLETION OF INITIAL OT&E BEFORE PRODUCTION
BEGINS.—Notwithstanding section 2399(a) of title 10,
United States Code, the Secretary of Defense may make a
determination to proceed with production of a national
missile defense system without regard to whether initial
operational testing and evaluation of the system has been
completed.
243
(b) REQUIREMENT
FOR
COMPLETION
OF
INITIAL
OT&E.—If the Secretary makes such a determination as
provided by subsection (a), the Secretary shall ensure that
such a national missile defense system successfully com-
pletes an adequate operational test and evaluation as soon
as practicable following that determination and before the
operational deployment of such system.
(c) NOTIFICATION
TO
CONGRESSIONAL
COMMIT-
TEES.—The Secretary shall promptly notify the Committee
on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives, in writing,
upon making a determination that production of a national
missile defense system may be carried out before initial
operational testing and evaluation of that system has been
completed, as authorized by subsection (a).
SEC. 807. OPTIONS FOR ACCELERATED ACQUISITION OF
PRECISION MUNITIONS.
(a) FINDINGS.—Congress finds the following:
(1) Current inventories of many precision muni-
tions of the United States do not meet the require-
ments of the Department of Defense for two Major
Theater Wars, and with respect to some precision mu-
nitions, such requirements will not be met even after
planned acquisitions are made.
244
(2) Production lines for certain critical precision
munitions have been shut down, and the start-up pro-
duction of replacement precision munitions leaves a
critical gap in acquisition of follow-on precision mu-
nitions.
(3) Shortages of conventional air-launched cruise
missiles and Tomahawk missiles during Operation
Allied Force indicate the critical need to maintain ro-
bust inventories of precision munitions.
(b) REPORTS.—(1) Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a re-
port on the requirements of the Department of Defense for
quantities of precision munitions for two Major Theater
Wars, and when such requirements will be met for each pre-
cision munition.
(2) Not later than March 15, 2000, the Secretary shall
submit to the congressional defense committees a report
on—
(A) the options recommended by the teams
formed under subsection (c) for acceleration of acqui-
sition of precision munitions; and
(B) a plan for implementing such options.
(c) RECOMMENDATIONS FOR OPTIONS.—The Secretary
of Defense shall form teams of experts from industry and
245
the military departments to recommend to the Secretary op-
tions for accelerating the acquisition of precision munitions
in order that, with respect to any such munition for which
the requirements of the Department of Defense for two
Major Theater Wars are not expected to be met by October
1, 2002, such requirements may be met for such munitions
by such date.
SEC. 808. PROGRAM TO INCREASE OPPORTUNITY FOR
SMALL BUSINESS INNOVATION IN DEFENSE
ACQUISITION PROGRAMS.
(a) REQUIREMENT TO IMPLEMENT PROGRAM.—The
Secretary of Defense shall implement a program to provide
for increased opportunity for small-business concerns to
provide innovative technology for acquisition programs of
the Department of Defense.
(b) ELEMENTS OF PROGRAM.—The program required
by subsection (a) shall consist of the following elements:
(1) The Secretary shall establish procedures
through which small-business concerns may submit
challenge proposals to existing components of acquisi-
tion programs of the Department of Defense which
shall be designed to encourage small-business concerns
to recommend cost-saving and innovative ideas to ac-
quisition program managers.
246
(2) The Secretary shall establish a challenge pro-
posal review board, the purpose of which shall be to
review and make recommendations on the merit and
viability of the challenge proposals submitted under
paragraph (1). The Secretary shall ensure that such
recommendations receive active consideration for in-
corporation into applicable acquisition programs of
the Department of Defense at the appropriate point
in the acquisition cycle.
(c) REPORT.—The Secretary of Defense shall report to
Congress annually on the implementation of this section
and the progress of providing increased opportunity for
small-business concerns to provide innovative technology for
acquisition programs of the Department of Defense.
(d) SMALL-BUSINESS CONCERN DEFINED.—In this
section, the term ‘‘small-business concern’’ has the same
meaning as the meaning of such term as used in the Small
Business Act (15 U.S.C. 631 et seq.).
247
TITLE 
IX—DEPARTMENT 
OF
DEFENSE 
ORGANIZATION
AND MANAGEMENT
SEC. 901. LIMITATION ON AMOUNT AVAILABLE FOR CON-
TRACTED ADVISORY AND ASSISTANCE SERV-
ICES.
(a) REDUCTION.—From amounts appropriated for the
Department of Defense for fiscal year 2000, the total
amount obligated for contracted advisory and assistance
services may not exceed the amount equal to the sum of the
amounts specified in the President’s budget for fiscal year
2000 for those services for components of the Department
of Defense reduced by $100,000,000.
(b) LIMITATION PENDING RECEIPT OF REQUIRED RE-
PORT.—Not more than 90 percent of the amount available
to the Department of Defense for fiscal year 2000 for con-
tracted advisory and assistance services (taking into ac-
count the limitation under subsection (a)) may be obligated
until the Secretary of Defense submits to Congress the first
annual report under section 2212(c) of title 10, United
States Code.
248
SEC. 
902. 
RESPONSIBILITY 
FOR 
LOGISTICS 
AND
SUSTAINMENT FUNCTIONS OF THE DEPART-
MENT OF DEFENSE.
(a) UNDER SECRETARY OF DEFENSE FOR ACQUISI-
TION AND TECHNOLOGY.—(1) The position of Under Sec-
retary of Defense for Acquisition and Technology in the De-
partment of Defense is hereby redesignated as the Under
Secretary of Defense for Acquisition, Technology, and Lo-
gistics. Any reference in any law, regulation, document, or
other record of the United States to the Under Secretary
of Defense for Acquisition and Technology shall be treated
as referring to the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics.
(2) Section 133 of title 10, United States Code, is
amended—
(A) in subsections (a), (b), and (e)(1), by strik-
ing ‘‘Under Secretary of Defense for Acquisition and
Technology’’ and inserting ‘‘Under Secretary of De-
fense for Acquisition, Technology, and Logistics’’; and
(B) in subsection (b)—
(i) by striking ‘‘logistics,’’ in paragraph (2);
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively; and
(iii) by inserting after paragraph (2) the
following new paragraph (3):
249
‘‘(3) establishing policies for logistics, mainte-
nance, and sustainment support for all elements of
the Department of Defense;’’.
(b) NEW DEPUTY UNDER SECRETARY FOR LOGISTICS
AND MATERIEL READINESS.—(1) Chapter 4 of title 10,
United States Code, is amended by inserting after section
133a the following new section:
‘‘§ 133b. Deputy Under Secretary of Defense for Logis-
tics and Materiel Readiness
‘‘(a) There is a Deputy Under Secretary of Defense for
Logistics and Materiel Readiness, appointed from civilian
life by the President by and with the advice and consent
of the Senate. The Deputy Under Secretary shall be ap-
pointed from among persons with an extensive background
in the sustainment of major weapon systems and combat
support equipment.
‘‘(b) The Deputy Under Secretary is the principal ad-
viser to the Secretary and the Under Secretary of Defense
for Acquisition, Technology, and Logistics on logistics and
materiel readiness in the Department of Defense and is the
principal logistics official within the senior management
of the Department of Defense.
‘‘(c) The Deputy Under Secretary shall perform such
duties relating to logistics and materiel readiness as the
250
Under Secretary of Defense for Acquisition, Technology and
Logistics may assign, including—
‘‘(1) prescribing, by authority of the Secretary of
Defense, policies and procedures for the conduct of lo-
gistics, 
maintenance, 
materiel 
readiness, 
and
sustainment support in the Department of Defense;
‘‘(2) advising and assisting the Secretary of De-
fense, the Deputy Secretary of Defense, and the Under
Secretary of Defense for Acquisition and Technology,
and providing guidance to and consulting with the
Secretaries of the military departments, with respect
to logistics, maintenance, materiel readiness, and
sustainment support in the Department of Defense;
and
‘‘(3) monitoring and reviewing all logistics,
maintenance, materiel readiness, and sustainment
support programs in the Department of Defense.’’.
(2) Section 5314 of title 5, United States Code, is
amended by inserting after the paragraph relating to the
Deputy Under Secretary of Defense for Acquisition and
Technology the following new paragraph:
‘‘Deputy Under Secretary of Defense for Logis-
tics and Materiel Readiness.’’.
(c) REVISIONS
TO LAW PROVIDING
FOR DEPUTY
UNDER
SECRETARY
FOR
ACQUISITION
AND
TECH-
251
NOLOGY.—Section 133a(b) of title 10, United States Code,
is amended—
(1) by striking ‘‘his duties’’ in the first sentence
and inserting ‘‘the Under Secretary’s duties relating
to acquisition and technology’’; and
(2) by striking the second sentence.
(d) CONFORMING AMENDMENTS
TO CHAPTER 4.—
Chapter 4 of such title is further amended as follows:
(1) Sections 131(b)(2), 134(c), 137(b), and
139(b) are amended by striking ‘‘Under Secretary of
Defense for Acquisition and Technology’’ each place it
appears and inserting ‘‘Under Secretary of Defense
for Acquisition, Technology, and Logistics’’.
(2) The heading of section 133 is amended to
read as follows:
‘‘§ 133. Under Secretary of Defense for Acquisition,
Technology, and Logistics’’.
(3) The table of sections at the beginning of the
chapter is amended—
(A) by striking the item relating to section
133 and inserting the following:
‘‘133. Under Secretary of Defense for Acquisition, Technology, and Logistics.’’;
and
(B) by inserting after the item relating to
section 133a the following new item:
‘‘133b. Deputy Under Secretary of Defense for Logistics and Materiel Readiness.’’.
252
(e) ADDITIONAL CONFORMING AMENDMENTS.—Section
5313 of title 5, United States Code, is amended by striking
‘‘Under Secretary of Defense for Acquisition and Tech-
nology’’ and inserting ‘‘Under Secretary of Defense for Ac-
quisition, Technology, and Logistics’’.
SEC. 
903. 
MANAGEMENT 
HEADQUARTERS 
AND 
HEAD-
QUARTERS SUPPORT ACTIVITIES.
(a) REVISION TO DEFENSE DIRECTIVE RELATING TO
MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUP-
PORT ACTIVITIES.—Not later than October 1, 2000, the Sec-
retary of Defense shall issue a revision to Department of
Defense Directive 5100.73, entitled ‘‘Department of Defense
Management Headquarters and Headquarters Support Ac-
tivities’’, so as to incorporate in that directive the following:
(1) A threshold specified by command (or other
organizational element) such that any headquarters
activity below the threshold is not considered for the
purpose of the directive to be a management head-
quarters or headquarters support activity.
(2) A definition of the term ‘‘management head-
quarters and headquarters support activities’’ that
(A) is based upon function (rather than organiza-
tion), and (B) includes any activity (other than an
operational activity) that reports directly to such an
activity.
253
(3) Uniform application of those definitions
throughout the Department of Defense.
(b) TECHNICAL AMENDMENTS TO UPDATE LIMITATION
ON OSD PERSONNEL.—Effective October 1, 1999, section
143 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Effective October 1, 1999,
the’’ and inserting ‘‘The’’; and
(B) by striking ‘‘75 percent of the baseline
number’’ and inserting ‘‘3,767’’.
(2) by striking subsections (b), (c), and (f); and
(3) by redesignating subsections (d) and (e) as
subsections (b) and (c), respectively.
SEC. 904. FURTHER REDUCTIONS IN DEFENSE ACQUISI-
TION AND SUPPORT WORKFORCE.
(a) REDUCTION OF DEFENSE ACQUISITION AND SUP-
PORT WORKFORCE.—The Secretary of Defense shall accom-
plish reductions in defense acquisition and support per-
sonnel positions during fiscal year 2000 so that the total
number of such personnel as of October 1, 2000, is less than
the total number of such personnel as of October 1, 1999,
by at least 25,000.
(b) DEFENSE ACQUISITION AND SUPPORT PERSONNEL
DEFINED.—For purposes of this section, the term ‘‘defense
acquisition and support personnel’’ means military and ci-
254
vilian personnel (other than civilian personnel who are em-
ployed at a maintenance depot) who are assigned to, or em-
ployed in, acquisition organizations of the Department of
Defense (as specified in Department of Defense Instruction
numbered 5000.58 dated January 14, 1992), and any other
organizations which the Secretary may determine to have
a predominantly acquisition mission.
SEC. 905. CENTER FOR THE STUDY OF CHINESE MILITARY
AFFAIRS.
(a) FINDINGS.—The Congress finds the following:
(1) The strategic relationship between the United
States and the People’s Republic of China will be very
important for future peace and security, not only in
the Asia-Pacific region but around the world.
(2) The United States does not view China as an
enemy, nor consider that the coming century nec-
essarily will see a new great power competition be-
tween the two nations.
(3) The end of the cold war has eliminated what
had been the one fundamental common strategic in-
terest of the United States and China, that of con-
taining the Soviet Union.
(4) The sustained economic rise, stated geo-
political ambitions, and increasingly confrontational
actions of China cast doubt on whether the United
255
States will be able to form a satisfactory strategic
partnership with the People’s Republic of China and
will pose challenges that will require careful manage-
ment in order to preserve peace and protect the na-
tional security interests of the United States.
(5) The ability of the Department of Defense,
and the United States Government more generally, to
develop sound security and military strategies is
hampered by a limited understanding of Chinese stra-
tegic goals and military capabilities. The low priority
accorded the study of Chinese strategic and military
affairs within the Government and within the aca-
demic community has contributed to this limited un-
derstanding.
(6) There is a need for a United States national
institute for research and assessment of political, stra-
tegic, and military affairs in the People’s Republic of
China. Such an institute should be capable of pro-
viding analysis for the purpose of shaping United
States military strategy and policy with regard to
China and should be readily accessible to senior lead-
ers within the Department of Defense, but should
maintain academic and intellectual independence so
that that analysis is not first shaped by policy.
256
(b) ESTABLISHMENT OF CENTER FOR THE STUDY OF
CHINESE MILITARY AFFAIRS.—(1) Chapter 108 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2166. National Defense University: Center for the
Study of Chinese Military Affairs
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense
shall establish a Center for the Study of Chinese Military
Affairs (hereinafter in this section referred to as the ‘Cen-
ter’) as part of the National Defense University. The Center
shall be organized as an independent institute under the
University.
‘‘(2) The Director of the Center shall be appointed by
the Secretary of Defense. The Secretary shall appoint as the
Director an individual who is a distinguished scholar of
proven academic, management, and leadership credentials
with a superior record of achievement and publication re-
garding Chinese political, strategic, and military affairs.
‘‘(b) MISSION.—The mission of the Center is to study
the national goals and strategic posture of the People’s Re-
public of China and the ability of that nation to develop,
field, and deploy an effective military instrument in sup-
port of its national strategic objectives.
‘‘(c) AREAS OF STUDY.—The Center shall conduct re-
search relating to the People’s Republic of China as follows:
257
‘‘(1) To assess the potential of that nation to act
as a global great power, the Center shall conduct re-
search that considers the policies and capabilities of
that nation in a regional and world-wide context, in-
cluding Central Asia, Southwest Asia, Europe, and
Latin America, as well as the Asia-Pacific region.
‘‘(2) To provide a fuller assessment of the areas
of study referred to in paragraph (1), the Center shall
conduct research on—
‘‘(A) economic trends relative to strategic
goals and military capabilities;
‘‘(B) strengths and weaknesses in the sci-
entific and technological sector; and
‘‘(C) relevant demographic and human re-
source factors on progress in the military sphere.
‘‘(3) The Center shall conduct research on the
armed forces of the People’s Republic of China, taking
into account the character of those armed forces and
their role in Chinese society and economy, the degree
of their technological sophistication, and their organi-
zational and doctrinal concepts. That research shall
include inquiry into the following matters:
‘‘(A) Concepts concerning national interests,
objectives, and strategic culture.
258
‘‘(B) Grand strategy, military strategy,
military operations, and tactics.
‘‘(C) Doctrinal concepts at each of the four
levels specified in subparagraph (B).
‘‘(D) The impact of doctrine on China’s
force structure choices.
‘‘(E) The interaction of doctrine and force
structure at each level to create an integrated
system of military capabilities through procure-
ment, officer education, training, and practice
and other similar factors.
‘‘(d) FACULTY OF THE CENTER.—(1) The core faculty
of the Center should comprise scholars capable of providing
diverse perspectives on Chinese political, strategic, and
military thought. Center scholars shall demonstrate the fol-
lowing competencies and capabilities:
‘‘(A) Analysis of national strategy, military
strategy, and doctrine.
‘‘(B) Analysis of force structure and military ca-
pabilities.
‘‘(C) Analysis of—
‘‘(i) issues relating to weapons of mass de-
struction, military intelligence, defense econom-
ics, trade, and international economics; and
259
‘‘(ii) the relationship between those issues
and grand strategy, science and technology, the
sociology of human resources and demography,
and political science.
‘‘(2) A substantial number of Center scholars shall be
competent in the Chinese language. The Center shall include
a core of junior scholars capable of providing linguistics
and translation support to the Center.
‘‘(e) ACTIVITIES OF THE CENTER.—The activities of
the Center shall include other elements appropriate to its
mission, including the following:
‘‘(1) The Center should include an active con-
ference program with an international reach.
‘‘(2) The Center should conduct an international
competition for a Visiting Fellowship in Chinese
Military Affairs and Chinese Security Issues. The
term of the fellowship should be for one year, renew-
able for a second.
‘‘(3) The Center shall provide funds to support
at least one trip per analyst per year to China and
the region and to support visits of Chinese military
leaders to the Center.
‘‘(4) The Center shall support well defined, dis-
tinguished, signature publications.
260
‘‘(5) Center scholars shall have appropriate ac-
cess to intelligence community assessments of Chinese
military affairs.
‘‘(f) STUDIES AND REPORTS.—The Director may con-
tract for studies and reports from the private sector to sup-
plement the work of the Center.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2166. National Defense University: Center for the Study of Chinese Military Af-
fairs.’’.
(c) IMPLEMENTATION REPORT.—Not later than Janu-
ary 1, 2000, the Secretary of Defense shall submit to Con-
gress a report stating the timetable and organizational plan
for establishing the Center for the Study of Chinese Military
Affairs under section 2166 of title 10, United States Code,
as added by subsection (b).
(d) STARTUP OF CENTER.—The Secretary shall estab-
lish the Center for the Study of Chinese Military Affairs
under section 2166 of title 10, United States Code, as added
by subsection (b), not later than March 1, 2000, and shall
appoint the first Director of the Center not later than June
1, 2000.
261
SEC. 906. RESPONSIBILITY WITHIN OFFICE OF THE SEC-
RETARY 
OF 
DEFENSE 
FOR 
MONITORING
OPTEMPO AND PERSTEMPO.
Section 136 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(d) The Under Secretary of Defense for Personnel and
Readiness is responsible, subject to the authority, direction,
and control of the Secretary of Defense, for the monitoring
of the operations tempo and personnel tempo of the armed
forces. The Under Secretary shall establish, to the extent
practicable, uniform standards within the Department of
Defense for terminology and policies relating to deployment
of units and personnel away from their assigned duty sta-
tions (including the length of time units or personnel may
be away for such a deployment) and shall establish uniform
reporting systems for tracking deployments.’’.
SEC. 907. REPORT ON MILITARY SPACE ISSUES.
(a) REPORT.—The Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representa-
tives a report on United States military space policy. The
report shall address current and projected United States ef-
forts to fully exploit space in preparation for possible con-
flicts in 2010 and beyond. The report shall specifically ad-
dress the following:
262
(1) The general organization of the Department
of Defense for addressing space issues, the functions of
the various Department of Defense and military agen-
cies, components, and elements with responsibility for
military space issues, the practical effect of creating
a new military service with responsibility for mili-
tary operations in space, and the advisability of es-
tablishing an Assistant Secretary of Defense for
Space.
(2) The manner in which current national mili-
tary space policy is incorporated into overall United
States national space policy.
(3) The manner in which the Department of De-
fense is organized to develop doctrine for the military
use of space.
(4) The manner in which military space issues
are addressed by professional military education in-
stitutions, to include a listing of specific courses of-
fered at those institutions that focuses on military
space policy.
(5) The manner in which space control issues are
incorporated into current and planned experiments
and exercises.
263
(6) The manner in which military space assets
are being fully exploited to provide support for
United States contingency operations.
(7) United States policy toward the use of com-
mercial launch vehicles and facilities for the launch
of military assets.
(8) The current interagency coordination process
regarding the operation of military space assets, in-
cluding identification of interoperability and commu-
nications issues.
(9) Policies and procedures for sharing missile
launch early warning data with United States allies
and friendly countries.
(10) Issues regarding the capability to detect
threats to United States space assets.
(11) The manner in which the presence of space
debris is expected to affect United States military
space launch policy and the future design of military
spacecraft.
(12) Whether military space programs should be
funded separately from other service programs and
whether the Global Positioning System should be
funded 
through 
a 
Defense-wide 
appropriation
account.
264
(b) CLASSIFICATION AND DEADLINE FOR REPORT.—
The report required by subsection (a) shall be prepared in
both classified and unclassified form and shall be submitted
not later than March 1, 2000.
SEC. 908. EMPLOYMENT AND COMPENSATION OF CIVILIAN
FACULTY MEMBERS OF DEPARTMENT OF DE-
FENSE AFRICAN CENTER FOR STRATEGIC
STUDIES.
(a) FACULTY.—Subsection (c) of section 1595 of title
10, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(6) The African Center for Strategic Studies.’’.
(b) DIRECTOR AND DEPUTY DIRECTOR.—Subsection
(e) of such section is amended by adding at the end the
following new paragraph:
‘‘(4) The African Center for Strategic Studies.’’.
SEC. 909. ADDITIONAL MATTERS FOR ANNUAL REPORT ON
JOINT WARFIGHTING EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is
amended by adding at the end the following new para-
graphs:
‘‘(5) With respect to interoperability of equip-
ment and forces, any recommendations that the com-
mander considers appropriate, developed on the basis
of joint warfighting experimentation, for reducing un-
265
necessary redundancy of equipment and forces, in-
cluding guidance regarding the synchronization of the
fielding of advanced technologies among the armed
forces to enable the development and execution of joint
operational concepts.
‘‘(6) Recommendations for mission needs state-
ments and operational requirements related to the
joint experimentation and evaluation process.
‘‘(7) Recommendations based on the results of
joint experimentation for the relative priorities for ac-
quisition programs to meet joint requirements.’’.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)
Upon determination by the Secretary of Defense that such
action is necessary in the national interest, the Secretary
may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year
2000 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
266
(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this section may
not exceed $2,000,000,000.
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations—
(1) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred
by an amount equal to the amount transferred.
(d) NOTICE
TO
CONGRESS.—The Secretary shall
promptly notify Congress of each transfer made under sub-
section (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX.—The Classified
Annex prepared by the Committee on Armed Services of the
House of Representatives to accompany its report on the
bill H.R. 1401 of the One Hundred Sixth Congress and
transmitted to the President is hereby incorporated into this
Act.
267
(b) CONSTRUCTION WITH OTHER PROVISIONS
OF
ACT.—The amounts specified in the Classified Annex are
not in addition to amounts authorized to be appropriated
by other provisions of this Act.
(c) LIMITATION ON USE OF FUNDS.—Funds appro-
priated pursuant to an authorization contained in this Act
that are made available for a program, project, or activity
referred to in the Classified Annex may only be expended
for such program, project, or activity in accordance with
such terms, conditions, limitations, restrictions, and re-
quirements as are set out for that program, project, or activ-
ity in the Classified Annex.
(d) DISTRIBUTION
OF
CLASSIFIED
ANNEX.—The
President shall provide for appropriate distribution of the
Classified Annex, or of appropriate portions of the annex,
within the executive branch of the Government.
SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY MILI-
TARY PERSONNEL APPROPRIATIONS.
There is authorized to be appropriated the amount of
$1,838,426,000 appropriated to the Department of Defense
for military personnel accounts in section 2012 of the 1999
Emergency Supplemental Appropriations Act.
268
SEC. 1004. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDG-
ET CYCLE FOR THE DEPARTMENT OF DE-
FENSE.
Section 1405 of the Department of Defense Authoriza-
tion Act, 1986 (31 U.S.C. 1105 note), is repealed.
SEC. 1005. CONSOLIDATION OF VARIOUS DEPARTMENT OF
THE NAVY TRUST AND GIFT FUNDS.
(a) CONSOLIDATION OF NAVAL ACADEMY GENERAL
GIFT FUND AND MUSEUM FUND.—(1) Subsection (a) of sec-
tion 6973 of title 10, United States Code, is amended to
read as follows:
‘‘(a)(1) The Secretary of the Navy may accept, hold,
administer, and spend gifts and bequests of personal prop-
erty, and loans of personal property other than money,
made on the condition that the personal property be used
for the benefit of, or in connection with, the Naval Academy
or the Naval Academy Museum, its collection, or its serv-
ices.
‘‘(2) Gifts or bequests of money, and the proceeds from
the sales of property received as a gift or bequest, shall be
deposited in the Treasury in the fund called ‘United States
Naval Academy Gift and Museum Fund’. The Secretary
may disburse funds deposited under this paragraph for the
benefit or use of the Naval Academy or the Naval Academy
Museum subject to the terms of the gift or bequest.’’.
269
(2) Subsection (c) of such section is amended by strik-
ing ‘‘United States Naval Academy general gift fund’’ both
places it appears and inserting ‘‘United States Naval Acad-
emy Gift and Museum Fund’’.
(3) Such section is further amended by adding at the
end the following new subsection:
‘‘(d) The Secretary shall develop written guidelines to
be used in determining whether the acceptance of money,
personal property, or loans of personal property under sub-
section (a) would—
‘‘(1) reflect unfavorably upon the ability of the
Department of the Navy to carry out its responsibil-
ities in a fair and objective manner;
‘‘(2) reflect unfavorably upon the ability of any
employee of the Department of the Navy to carry out
the employee’s official duties in a fair and objective
manner; or
‘‘(3) compromise the integrity, or the appearance
of the integrity, of Navy programs or any employee
involved in such programs.’’.
(b) REPEAL OF NAVAL ACADEMY MUSEUM FUND.—
Section 6974 of title 10, United States Code, is repealed.
(c) REPEAL OF NAVAL HISTORICAL CENTER FUND.—
Section 7222 of such title is repealed.
270
(d) TRANSFER OF FUNDS.—The Secretary of the Navy
shall transfer—
(1) all funds in the United States Naval Acad-
emy Museum Fund as of the date of the enactment of
this Act to the United States Naval Academy Gift
and Museum Fund established by section 6973(a) of
title 10, United States Code, as amended by sub-
section (a); and
(2) all funds in the Naval Historical Center
Fund as of the date of the enactment of this Act to
the Department of the Navy General Gift Fund estab-
lished by section 2601(b)(2) of such title.
(e) CLERICAL AMENDMENTS.—(1) The table of sections
at the beginning of chapter 603 of title 10, United States
Code, is amended by striking the item relating to section
6974.
(2) The table of sections at the beginning of chapter
631 of such title is amended by striking the item relating
to section 7222.
SEC. 1006. BUDGETING FOR OPERATIONS IN YUGOSLAVIA.
(a) IN GENERAL.—None of the funds appropriated
pursuant to the authorizations of appropriations in this Act
may be used for the conduct of combat or peacekeeping oper-
ations in the Federal Republic of Yugoslavia.
271
(b) SUPPLEMENTAL APPROPRIATIONS REQUEST FOR
OPERATIONS IN YUGOSLAVIA.—If the President determines
that it is in the national security interest of the United
States to conduct combat or peacekeeping operations in the
Federal Republic of Yugoslavia during fiscal year 2000, the
President shall transmit to the Congress a supplemental ap-
propriations request for the Department of Defense for such
amounts as are necessary for the costs of any such oper-
ation.
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.
Section 7306(d) of title 10, United States Code, is
amended to read as follows:
‘‘(d) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.—
(1) A transfer under this section may not take effect until—
‘‘(A) the Secretary submits to Congress notice of
the proposed transfer; and
‘‘(B) 30 days of session of Congress have expired
following the date on which the notice is sent to Con-
gress.
‘‘(2) For purposes of paragraph (1)(B)—
272
‘‘(A) the period of a session of Congress is broken
only by an adjournment of Congress sine die at the
end of the final session of a Congress; and
‘‘(B) any day on which either House of Congress
is not in session because of an adjournment of more
than 3 days to a day certain, or because of an ad-
journment sine die at the end of the first session of
a Congress, shall be excluded in the computation of
such 30-day period.’’.
SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF
FORMER NAVAL VESSEL.
(a) IN GENERAL.—Subject to subsection (b), the Presi-
dent may consent to the retransfer by the Government of
Greece of HS Rodos (ex-USS BOWMAN COUNTY (LST
391)) to the USS LST Ship Memorial, Inc., a not-for-profit
organization operating under the laws of the State of Penn-
sylvania.
(b) CONDITIONS FOR CONSENT.—The President should
not exercise the authority under subsection (a) unless the
USS LST Memorial, Inc. agrees—
(1) to use the vessel for public, nonprofit, mu-
seum-related purposes; and
(2) to comply with applicable law with respect
to the vessel, including those requirements related to
facilitating monitoring by the United States of, and
273
mitigating potential environmental hazards associ-
ated with, aging vessels, and has a demonstrated fi-
nancial capability to so comply.
SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE
REQUIREMENTS.
(a) REQUIREMENT.—Not later than February, 1, 2000,
the Secretary of Defense shall submit to the Committee on
Armed Service of the Senate and the Committee on Armed
Services of the House of Representatives a report on naval
vessel force structure requirements.
(b) MATTERS TO BE INCLUDED.— The report shall
provide—
(1) a statement of the naval vessel force structure
required to carry out the National Military Strategy,
including that structure required to meet joint and
combined warfighting requirements and missions re-
lating to crisis response, overseas presence, and sup-
port to contingency operations; and
(2) a statement of the naval vessel force structure
that is supported and funded in the President’s budg-
et for fiscal year 2001 and in the current future-years
defense program.
274
SEC. 1014. AUXILIARY VESSELS ACQUISITION PROGRAM
FOR THE DEPARTMENT OF DEFENSE.
(a) PROGRAM AUTHORIZATION.—(1) Chapter 631 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 7233. Auxiliary vessels: extended lease authority
‘‘(a) AUTHORIZED CONTRACTS.—After September 30,
1999, the Secretary of the Navy, subject to subsection (b),
may enter into contracts with private United States ship-
yards for the construction of new surface vessels to be long-
term leased by the United States from the shipyard or other
private person for any of the following:
‘‘(1) The combat logistics force of the Navy.
‘‘(2) The strategic sealift force of the Navy.
‘‘(3) Other auxiliary support vessels for the De-
partment of Defense.
‘‘(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY
LAW.—A contract may be entered into under subsection (a)
with respect to a specific vessel only if the Secretary is spe-
cifically authorized by law to enter into such a contract
with respect to that vessel.
‘‘(c) FUNDS
FOR CONTRACT PAYMENTS.—The Sec-
retary may make payments for contracts entered into under
subsection (a) and under subsection (g) using funds avail-
able for obligation from operation and maintenance ac-
counts during the fiscal year for which the payments are
275
required to be made. Any such contract shall provide that
the United States is not required to make a payment under
the contract (other than a termination payment, if re-
quired) before October 1, 2001.
‘‘(d) TERM OF CONTRACT.—In this section, the term
‘long-term lease’ means a lease, bareboat charter, or condi-
tional sale agreement with respect to a vessel the term of
which (including any option period) is for a period of 20
years or more.
‘‘(e) OPTION TO BUY.—A contract entered into under
subsection (a) may include options for the United States
to purchase one or more of the vessels covered by the contract
at any time during, or at the end of, the contract period
(including any option period) upon payment of an amount
equal to the lesser of (1) the unamortized portion of the cost
of the vessel plus amounts incurred in connection with the
termination of the financing arrangements associated with
the vessel, or (2) the fair market value of the vessel.
‘‘(f) DOMESTIC CONSTRUCTION.—The Secretary shall
require in any contract entered into under this section that
each vessel to which the contract applies—
‘‘(1) shall have been constructed in a shipyard
within the United States; and
‘‘(2) upon delivery, shall be documented under
the laws of the United States.
276
‘‘(g) VESSEL OPERATION.—(1) The Secretary shall op-
erate a vessel held by the Secretary under a long-term lease
under this section through a contract with a United States
domiciled corporation with experience in the operation of
vessels for the United States. Any such contract shall be for
a term as determined by the Secretary.
‘‘(2) The Secretary may provide a crew for any such
vessel using civil service mariners only after an evaluation
and competition taking into account—
‘‘(A) the fully burdened cost of a civil service
crew over the expected useful life of the vessel;
‘‘(B) the effect on the private sector manpower
pool; and
‘‘(C) the operational requirements of the Depart-
ment of the Navy.
‘‘(h) CONTINGENT WAIVER OF OTHER PROVISIONS OF
LAW.—A contract authorized by this section may be entered
into without regard to section 2401 or 2401a of this title
if the Secretary of Defense makes the following findings
with respect to that contract:
‘‘(1) The need for the vessels or services to be pro-
vided under the contract is expected to remain sub-
stantially unchanged during the contemplated con-
tract or option period.
277
‘‘(2) There is a reasonable expectation that
throughout the contemplated contract or option period
the Secretary of the Navy (or, if the contract is for
services to be provided to, and funded by, another
military department, the Secretary of that military
department) will request funding for the contract at
the level required to avoid contract cancellation.
‘‘(3) The use of such contract or the exercise of
such option is in the interest of the national defense.
‘‘(i) SOURCE OF FUNDS FOR TERMINATION LIABIL-
ITY.—If a contract entered into under this section is termi-
nated, the costs of such termination may be paid from—
‘‘(1) amounts originally made available for per-
formance of the contract;
‘‘(2) amounts currently available for operation
and maintenance of the type of vessels or services con-
cerned and not otherwise obligated; or
‘‘(3) funds appropriated for those costs.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘7233. Auxiliary vessels: extended lease authority.’’.
(b) DEFINITION OF DEPARTMENT OF DEFENSE SEA-
LIFT VESSEL.—Section 2218(k)(2) of title 10, United States
Code, is amended—
278
(1) by striking ‘‘that is—’’ in the matter pre-
ceding subparagraph (A) and inserting ‘‘that is any
of the following:’’;
(2) by striking ‘‘a’’ at the beginning of subpara-
graphs (A), (B), and (E) and inserting ‘‘A’’;
(3) by striking ‘‘an’’ at the beginning of sub-
paragraphs (C) and (D) and inserting ‘‘An’’;
(4) by striking the semicolon at the end of sub-
paragraphs (A), (B), and (C) and inserting a period;
(5) by striking ‘‘; or’’ at the end of subparagraph
(D) and inserting a period; and
(6) by adding at the end the following new sub-
paragraphs:
‘‘(F) A large medium-speed roll-on/roll-off
ship.
‘‘(G) A combat logistics force ship.
‘‘(H) Any other auxiliary support vessel.’’.
SEC. 1015. AUTHORITY TO PROVIDE ADVANCE PAYMENTS
FOR THE NATIONAL DEFENSE FEATURES
PROGRAM.
(a) IN GENERAL.—Section 2218 of title 10, United
States Code, is amended—
(1) by redesignating subsection (k) as subsection
(l); and
279
(2) by inserting after subsection (j) the following
new subsection (k):
‘‘(k)(1) The Secretary of Defense, after making a deter-
mination of economic soundness for any proposed offer,
may provide advance payments to a contractor by lump
sum or annual payments (or a combination thereof) for the
following costs associated with inclusion or incorporation
of defense features in a commercial vessel:
‘‘(A) Costs to build, procure, and install the de-
fense features in the vessel.
‘‘(B) Costs to periodically maintain and test the
defense features on the vessel.
‘‘(C) Any increased costs of operation or any loss
of revenue attributable to the inclusion or incorpora-
tion of the defense feature on the vessel.
‘‘(D) Any additional costs associated with the
terms and conditions of the contract to install and in-
corporate defense features.
‘‘(2) For any contract under which the United States
provides advance payments under paragraph (1) for the
costs associated with incorporation or inclusion of defense
features in a commercial vessel, the contractor shall provide
to the United States such security interests, which may in-
clude a preferred mortgage under section 31322 of title 46,
on the vessel as the Secretary may prescribe to project the
280
interests of the United States relating to all costs associated
with incorporation or inclusion of defense features in such
vessel or vessels.
‘‘(3) The functions of the Secretary under this sub-
section may not be delegated to an officer or employee in
a position below the head of the procuring activity, as de-
fined in section 2304(f)(6)(A) of this title.’’.
(b) EFFECTIVE DATE.—Subsection (j) of section 2218
of title 10, United States Code, as added by subsection (a),
shall apply to contracts entered into after September 30,
1999.
Subtitle C—Matters Relating to
Counter Drug Activities
SEC. 1021. SUPPORT FOR DETECTION AND MONITORING AC-
TIVITIES IN THE EASTERN PACIFIC OCEAN.
(a) OPERATION CAPER FOCUS.—Of the amount au-
thorized to be appropriated by section 301(20) for drug
interdiction and counter-drug activities, $6,000,000 shall be
available for the purpose of conducting the counter-drug op-
eration known as Caper Focus, which targets the maritime
movement of cocaine on vessels in the eastern Pacific Ocean.
(b) FUNDS
FOR CONVERSION
OF WIDE APERTURE
RADAR
FACILITY
TO
OPERATIONAL
STATUS.—Of the
amount authorized to be appropriated by such section,
$17,500,000 shall be available for the purpose of—
281
(1) converting the Over-The-Horizon Radar fa-
cility known as the Wide Aperture Radar Facility in
southern California from a research to operational
status; and
(2) using the facility on a full-time basis to de-
tect and track both air and maritime drug traffic in
the eastern Pacific Ocean and to monitor the inter-
national border in the southwestern United States.
(c) CONTRIBUTION OF ASSETS.—The Secretary of the
Air Force shall make available for use at the Wide Aperture
Radar Facility described in subsection (b) two OTH-B Con-
tinental 100 KW transmitters and necessary spare parts
to ensure the conversion of the facility to operational status.
(d) TEST AGAINST GO-FAST BOATS.—As part of the
conversion of the Wide Aperture Radar Facility described
in subsection (b) to operational status, the Secretary of De-
fense shall evaluate the ability of the facility to detect and
track the high-speed maritime vessels typically used in the
transportation of illegal drugs by water.
(e) PROGRESS REPORT.—Not later than April 15,
2000, the Secretary of Defense shall submit a report to Con-
gress evaluating the effectiveness of the Wide Aperture
Radar Facility described in subsection (b) in counter-drug
detection monitoring and border surveillance.
282
SEC. 1022. CONDITION ON DEVELOPMENT OF FORWARD OP-
ERATING LOCATIONS FOR UNITED STATES
SOUTHERN COMMAND COUNTER-DRUG DE-
TECTION AND MONITORING FLIGHTS.
None of the funds appropriated or otherwise made
available to the Department of Defense for any fiscal year
may be obligated or expended for the purpose of improving
the physical infrastructure at any proposed forward oper-
ating location outside the United States from which the
United States Southern Command may conduct counter-
drug detection and monitoring flights until a formal agree-
ment regarding the extent and use of, and host nation sup-
port for, the forward operating location is executed by both
the host nation and the United States.
SEC. 1023. UNITED STATES MILITARY ACTIVITIES IN CO-
LOMBIA.
Section 1033(f) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 U.S.C.
1881) is amended—
(1) by redesignating paragraph (4) as para-
graph (5) and, in such paragraph, by striking ‘‘Na-
tional Security’’ and inserting ‘‘Armed Services’’; and
(2) by inserting after paragraph (3) the fol-
lowing new paragraph:
‘‘(4) Not later than January 1 of each year, the Sec-
retary shall submit to the congressional committees a report
283
detailing the number of United States military personnel
deployed or otherwise assigned to duty in Colombia at any
time during the preceding year, the length and purpose of
the deployment or assignment, and the costs and force pro-
tection risks associated with such deployments and assign-
ments.’’.
Subtitle D—Other Matters
SEC. 1031. IDENTIFICATION IN BUDGET MATERIALS OF
AMOUNTS FOR DECLASSIFICATION ACTIVI-
TIES AND LIMITATION ON EXPENDITURES
FOR SUCH ACTIVITIES.
(a) IN GENERAL.—(1) Chapter 9 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 229. Amounts for declassification of records
‘‘(a) SPECIFIC IDENTIFICATION IN BUDGET.—The Sec-
retary of Defense shall include in the budget justification
materials submitted to Congress in support of the Depart-
ment of Defense budget for any fiscal year (as submitted
with the budget of the President under section 1105(a) of
title 31) specific identification, as a budgetary line item,
of the amounts required to carry out programmed activities
during that fiscal year to declassify records pursuant to Ex-
ecutive Order 12958 (50 U.S.C. 435 note), or any successor
284
Executive order, or to comply with any statutory require-
ment to declassify Government records.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘229. Amounts for declassification of records.’’.
(b) 
LIMITATION
ON
EXPENDITURES.—The 
total
amount expended by the Department of Defense during fis-
cal year 2000 to carry out activities to declassify records
pursuant to Executive Order 12958 (50 U.S.C. 435 note),
or any successor Executive order, or to comply with any
statutory requirement to declassify Government records
may not exceed $20,000,000.
SEC. 1032. NOTICE TO CONGRESSIONAL COMMITTEES OF
COMPROMISE OF CLASSIFIED INFORMATION
WITHIN DEFENSE PROGRAMS OF THE UNITED
STATES.
(a) IN GENERAL.—The Secretary of Defense shall no-
tify the committees specified in subsection (c) of any infor-
mation, regardless of its origin, that the Secretary receives
that indicates that classified information relating to any
defense operation, system, or technology of the United States
is being, or may have been, disclosed in an unauthorized
manner to a foreign power or an agent of a foreign power.
(b) MANNER OF NOTIFICATION.—A notification under
subsection (a) shall be provided, in writing, not later than
285
30 days after the date of the initial receipt of such informa-
tion by the Department of Defense.
(c) SPECIFIED COMMITTEES.—The committees referred
to in subsection (a) are the Committee on Armed Services
of the Senate and the Committee on Armed Service of the
House of Representatives.
(d) FOREIGN POWER.—For purposes of this section,
the terms ‘‘foreign power’’ and ‘‘agent of a foreign power’’
have the meanings given those terms in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
SEC. 1033. REVISION TO LIMITATION ON RETIREMENT OR
DISMANTLEMENT OF STRATEGIC NUCLEAR
DELIVERY SYSTEMS.
(a) REVISED LIMITATION.—Subsections (a) and (b) of
section 1302 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85) are amended to read
as follows:
‘‘(a) FUNDING LIMITATION.—(1) Except as provided
in paragraph (2), funds available to the Department of De-
fense may not be obligated or expended for retiring or dis-
mantling, or for preparing to retire or dismantle, any of
the following strategic nuclear delivery systems below the
specified levels:
‘‘(A) 76 B–52H bomber aircraft.
286
‘‘(B) 18 Trident ballistic missile submarines.
‘‘(C) 500 Minuteman III intercontinental bal-
listic missiles.
‘‘(D) 50 Peacekeeper intercontinental ballistic
missiles.
‘‘(2) The limitation in paragraph (1) shall cease to
apply upon a certification by the President to Congress of
the following:
‘‘(A) That the effectiveness of the United States
strategic deterrent will not be decreased by reductions
in strategic nuclear delivery systems.
‘‘(B) That the requirements of the Single Inte-
grated Operational Plan can be met with a reduced
number of strategic nuclear delivery systems.
‘‘(C) That reducing the number of strategic nu-
clear delivery systems will not, in the judgment of the
President, provide a disincentive for Russia to ratify
the START II treaty or serve to undermine future
arms control negotiations.
‘‘(3) If the Presidents submits the certification de-
scribed in paragraph (2), then effective upon the submission
of that certification, funds available to the Department of
Defense may not be obligated or expended to maintain a
United States force structure of strategic nuclear delivery
systems with a total capacity in warheads that is less than
287
98 percent of the 6,000 warhead limitation applicable to
the United States and in effect under the Strategic Arms
Reduction Treaty.
‘‘(b) WAIVER AUTHORITY.—If the START II treaty
enters into force, the President may waive the application
of the limitation in effect under paragraph (1) or (3) of
subsection (a), as the case may be, to the extent that the
President determines such a waiver to be necessary in order
to implement the treaty.’’.
(b) COVERED SYSTEMS.—(1) Subsection (e) of such
section is amended to read as follows:
‘‘(e) STRATEGIC NUCLEAR DELIVERY SYSTEMS DE-
FINED.—For purposes of this section, the term ‘strategic nu-
clear delivery systems’ means the following:
‘‘(1) B–52H bomber aircraft.
‘‘(2) Trident ballistic missile submarines.
‘‘(3) Minuteman III intercontinental ballistic
missiles.
‘‘(4) Peacekeeper intercontinental ballistic mis-
siles.’’.
(2) Subsection (c)(2) of such section is amended by
striking ‘‘specified in subsection (a)’’.
(c) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
288
(1) in subsection (c)(2), by striking ‘‘during the
strategic delivery systems retirement limitation pe-
riod’’ and inserting ‘‘during the fiscal year during
which the START II Treaty enters into force’’; and
(2) by striking subsection (g).
SEC. 1034. ANNUAL REPORT BY CHAIRMAN OF JOINT
CHIEFS OF STAFF ON THE RISKS IN EXE-
CUTING THE MISSIONS CALLED FOR UNDER
THE NATIONAL MILITARY STRATEGY.
Section 153 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(c) RISKS UNDER NATIONAL MILITARY STRATEGY.—
(1) Not later than January 1 each year, the Chairman shall
submit to the Secretary of Defense a report providing the
Chairman’s assessment of the nature and magnitude of the
strategic and military risks associated with executing the
missions called for under the current National Military
Strategy.
‘‘(2) The Secretary shall forward the report received
under paragraph (1) in any year, with the Secretary’s com-
ments thereon (if any), to Congress with the Secretary’s
next transmission to Congress of the annual Department
of Defense budget justification materials in support of the
Department of Defense component of the budget of the Presi-
dent submitted under section 1105 of title 31 for the next
289
fiscal year. If the Chairman’s assessment in such report in
any year is that risk associated with executing the missions
called for under the National Military Strategy is signifi-
cant, the Secretary shall include with the report as sub-
mitted to Congress the Secretary’s plan for mitigating that
risk.’’.
SEC. 1035. REQUIREMENT TO ADDRESS UNIT OPERATIONS
TEMPO AND PERSONNEL TEMPO IN DEPART-
MENT OF DEFENSE ANNUAL REPORT.
(a) REPORTING REQUIREMENTS.—Chapter 23 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 486. Unit operations tempo and personnel tempo:
annual report
‘‘(a) INCLUSION IN ANNUAL REPORT.—The Secretary
of Defense shall include in the annual report required by
section 113(c) of this title a description of the operations
tempo and personnel tempo of the armed forces.
‘‘(b) SPECIFIC REPORTING REQUIREMENTS.—To sat-
isfy subsection (a), the report shall include the following:
‘‘(1) A description of the methods by which each
of the armed forces measures operations tempo and
personnel tempo.
290
‘‘(2) A description of the personnel tempo poli-
cies of each of the armed forces and any changes to
these policies since the preceding report.
‘‘(3) A table depicting the active duty end
strength for each of the armed forces for each of the
preceding five years and also depicting the number of
members of each of the armed forces deployed over the
same period, as determined by the Secretary con-
cerned.
‘‘(4) An identification of the active and reserve
component units of the armed forces participating at
the battalion, squadron, or an equivalent level (or a
higher level) in contingency operations, major train-
ing events, and other exercises and contingencies of
such a scale that the exercises and contingencies re-
ceive an official designation, that were conducted dur-
ing the period covered by the report and the duration
of their participation.
‘‘(5) For each of the armed forces, the average
number of days a member of that armed force was de-
ployed away from the member’s home station during
the period covered by the report as compared to recent
previous years for which such information is avail-
able.
291
‘‘(6) For each of the armed forces, the number of
days that high demand, low density units (as defined
by the Chairman of the Joint Chiefs of Staff) were de-
ployed during the period covered by the report, and
whether these units met the force goals for limiting
deployments, as described in the personnel tempo poli-
cies applicable to that armed force.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘operations tempo’ means the rate
at which units of the armed forces are involved in all
military activities, including contingency operations,
exercises, and training deployments.
‘‘(2) The term ‘personnel tempo’ means the
amount of time members of the armed forces are en-
gaged in their official duties, including the rate at
which members are required, as a result of these du-
ties, to spend nights away from home.
‘‘(3) The term ‘armed forces’ does not include the
Coast Guard when it is not operating as a service in
the Department of the Navy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘486. Unit operations tempo and personnel tempo: annual report.’’.
292
SEC. 1036. PRESERVATION OF CERTAIN DEFENSE REPORT-
ING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination
and Sunset Act of 1995 (31 U.S.C. 1113 note) does not
apply to any report required to be submitted under any
of the following provisions of law:
(1) The following sections of title 10, United
States Code: sections 113, 115a, 116, 139(f), 221, 226,
401(d), 667, 2011(e), 2391(c), 2431(a), 2432, 2457(d),
2537, 2662(b), 2706(b), 2861, 2902(g)(2), 4542(g)(2),
7424(b), 7425(b), 10541, 10542, and 12302(d).
(2) Sections 301a(f) and 1008 of title 37, United
States Code.
(3) Sections 11 and 14 of the Strategic and Crit-
ical Materials Stock Piling Act (50 U.S.C. 98h–2,
98h–5).
(4) Section 4(a) of Public Law 85–804 (50
U.S.C. 1434(a)).
(5) Section 10(g) of the Military Selective Serv-
ice Act (50 U.S.C. App. 460(g)).
(6) Section 3134 of the National Defense Author-
ization Act, Fiscal Year 1991 (42 U.S.C. 7274c).
(7) Section 822(b) of the National Defense Au-
thorization Act for Fiscal Years 1992 and 1993 (42
U.S.C. 6687(b)).
293
(8) Section 1097 of the National Defense Author-
ization Act for Fiscal Years 1992 and 1993 (22
U.S.C. 2751 note).
(9) Sections 208, 901(b)(2), and 1211 of the Mer-
chant Marine Act, 1936 (46 App. U.S.C. 1118,
1241(b)(2), 1291).
(10) Section 12 of the Act of March 9, 1920
(popularly known as the ‘‘Suits in Admiralty Act’’)
(46 App. U.S.C. 752).
SEC. 1037. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10,
United States Code, is amended as follows:
(1) Section 136(a) is amended by inserting ‘‘ad-
vice and’’ after ‘‘by and with the’’.
(2) Section 180(d) is amended by striking
‘‘grade GS–18 of the General Schedule under section
5332 of title 5’’ and inserting ‘‘Executive Schedule
Level IV under section 5376 of title 5’’.
(3) Section 192(d) is amended by striking ‘‘the
date of the enactment of this subsection’’ and insert-
ing ‘‘October 17, 1998’’.
(4) Section 374(b) is amended—
(A) in paragraph (1), by aligning subpara-
graphs (C) and (D) with subparagraphs (A) and
(B); and
294
(B) in paragraph (2)(F), by striking the
second semicolon at the end of clause (i).
(5) Section 664(i)(2)(A) is amended by striking
‘‘the date of the enactment of this subsection’’ and in-
serting ‘‘February 10, 1996’’.
(6) Section 777(d)(1) is amended by striking
‘‘may not exceed’’ and all that follows and inserting
‘‘may not exceed 35.’’.
(7) Section 977(d)(2) is amended by striking
‘‘the lesser of’’ and all that follows through ‘‘(B)’’.
(8) Section 1073 is amended by inserting ‘‘(42
U.S.C. 14401 et seq.)’’ before the period at the end of
the second sentence.
(9) Section 1076a(j)(2) is amended by striking
‘‘1 year’’ and inserting ‘‘one year’’.
(10) Section 1370(d) is amended—
(A) in paragraph (1), by striking ‘‘chapter
1225’’ and inserting ‘‘chapter 1223’’; and
(B) in paragraph (5), by striking ‘‘the date
of the enactment of this paragraph’’ and insert-
ing ‘‘October 17, 1998,’’.
(11) Section 1401a(b)(2) is amended—
(A) by striking ‘‘MEMBERS’’ and all that
follows through ‘‘The Secretary shall’’ and insert-
ing ‘‘MEMBERS.—The Secretary shall’’;
295
(B) by striking subparagraphs (B) and (C);
and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B) and realigning those
subparagraphs, as so redesignated, so as to be in-
dented four ems from the left margin.
(12) Section 1406(i)(2) is amended by striking
‘‘on or after the date of the enactment of the Strom
Thurmond National Defense Authorization Act for
Fiscal Year 1999’’ and inserting ‘‘after October 16,
1998’’.
(13) Section 1448(b)(3)(E)(ii) is amended by
striking ‘‘on or after the date of the enactment of the
subparagraph’’ and inserting ‘‘after October 16,
1998,’’.
(14) Section 1501(d) is amended by striking
‘‘prescribed’’ in the first sentence and inserting ‘‘de-
scribed’’.
(15) Section 1509(a)(2) is amended by striking
‘‘the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998’’ in subpara-
graphs (A) and (B) and inserting ‘‘November 18,
1997,’’.
(16) Section 1513(1) is amended by striking ‘‘,
under the circumstances specified in the last sentence
296
of section 1509(a) of this title’’ and inserting ‘‘who is
required by section 1509(a)(1) of this title to be con-
sidered a missing person’’.
(17) Section 2208(l)(2)(A) is amended by insert-
ing ‘‘of’’ after ‘‘during a period’’.
(18) Section 2212(f) is amended—
(A) in paragraphs (2) and (3), by striking
‘‘after the date of the enactment of this section’’
and inserting ‘‘after October 17, 1998,’’; and
(B) in paragraphs (2), (3) and (4), by
striking ‘‘as of the date of the enactment of this
section’’ and inserting ‘‘as of October 17, 1998’’.
(19) Section 2302c(b) is amended by striking
‘‘section 2303’’ and inserting ‘‘section 2303(a)’’.
(20) Section 2325(a)(1) is amended by inserting
‘‘that occurs after November 18, 1997,’’ after ‘‘of the
contractor’’ in the matter that precedes subparagraph
(A).
(21) Section 2469a(c)(3) is amended by striking
‘‘the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998’’ and insert-
ing ‘‘November 18, 1997’’.
(22) Section 2486(c) is amended by striking ‘‘the
date of the enactment of the National Defense Author-
297
ization Act for Fiscal Year 1998,’’ in the second sen-
tence and inserting ‘‘November 18, 1997,’’.
(23) Section 2492(b) is amended by striking ‘‘the
date of the enactment of this section’’ and inserting
‘‘October 17, 1998’’.
(24) Section 2539b(a) is amended by striking
‘‘secretaries of the military departments’’ and insert-
ing ‘‘Secretaries of the military departments’’.
(25) Section 2641a is amended—
(A) by striking ‘‘, United States Code,’’ in
subsection (b)(2); and
(B) by striking subsection (d).
(26) Section 2692(b) is amended—
(A) by striking ‘‘apply to—’’ in the matter
preceding paragraph (1) and inserting ‘‘apply to
the following:’’;
(B) by striking ‘‘the’’ at the beginning of
each of paragraphs (1) through (11) and insert-
ing ‘‘The’’;
(C) by striking the semicolon at the end of
each of paragraphs (1) through (9) and inserting
a period; and
(D) by striking ‘‘; and’’ at the end of para-
graph (10) and inserting a period.
(27) Section 2696 is amended—
298
(A) in subsection (a), by inserting ‘‘enacted
after December 31, 1997,’’ after ‘‘any provision
of law’’;
(B) in subsection (b)(1), by striking ‘‘re-
quired by paragraph (1)’’ and inserting ‘‘re-
ferred to in subsection (a)’’; and
(C) in subsection (e)(4), by striking ‘‘the
date of enactment of the National Defense Au-
thorization Act for Fiscal Year 1998’’ and insert-
ing ‘‘November 18, 1997’’.
(28) Section 2703(c) is amended by striking
‘‘United States Code,’’.
(29) Section 2837(d)(2)(C) is amended by strik-
ing ‘‘the National Defense Authorization Act for Fis-
cal Year 1996’’ and inserting ‘‘this section’’.
(30) Section 7315(d)(2) is amended by striking
‘‘the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998’’ and insert-
ing ‘‘November 18, 1997,’’.
(31) Section 7902(e)(5) is amended by striking
‘‘, United States Code,’’.
(32) The item relating to section 12003 in the
table of sections at the beginning of chapter 1201 is
amended by inserting ‘‘in an’’ after ‘‘officers’’.
299
(33) Section 14301(g) is amended by striking ‘‘1
year’’ both places it appears and inserting ‘‘one
year’’.
(34) Section 16131(b)(1) is amended by insert-
ing ‘‘in’’ after ‘‘Except as provided’’
(b) PUBLIC LAW 105–261.—Effective as of October 17,
1998, and as if included therein as enacted, the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 112 Stat. 1920 et seq.)
is amended as follows:
(1) Section 402(b) (112 Stat. 1996) is amended
by striking the third comma in the first quoted mat-
ter and inserting a period.
(2) Section 511(b)(2) (112 Stat. 2007) is amend-
ed by striking ‘‘section 1411’’ and inserting ‘‘section
1402’’.
(3) Section 513(a) (112 Stat. 2007) is amended
by striking ‘‘section 511’’ and inserting ‘‘section
512(a)’’.
(4) Section 525(b) (112 Stat. 2014) is amended
by striking ‘‘subsection (i)’’ and inserting ‘‘subsection
(j)’’.
(5) Section 568 (112 Stat. 2031) is amended by
striking ‘‘1295(c)’’ in the matter preceding paragraph
(1) and inserting ‘‘1295b(c)’’.
300
(6) Section 722(c)(1)(D) (112 Stat. 2067) is
amended by striking ‘‘subsection (c)’’ and inserting
‘‘subsection (d)’’.
(c) PUBLIC LAW 105–85.—The National Defense Au-
thorization Act for Fiscal Year 1998 (Public Law 105–85)
is amended as follows:
(1) Section 557(b) (111 Stat. 1750) is amended
by inserting ‘‘to’’ after ‘‘with respect’’.
(2) Section 563(b) (111 Stat. 1754) is amended
by striking ‘‘title’’ and inserting ‘‘subtitle’’.
(3) Section 644(d)(2) (111 Stat. 1801) is amend-
ed by striking ‘‘paragraphs (3) and (4)’’ and insert-
ing ‘‘paragraphs (7) and (8)’’.
(4) Section 934(b) (111 Stat. 1866) is amended
by striking ‘‘of’’ after ‘‘matters concerning’’.
(d) OTHER LAWS.—
(1) Effective as of April 1, 1996, section 647(b)
of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 370) is
amended by inserting ‘‘of such title’’ after ‘‘Section
1968(a)’’.
(2) Section 414 of the National Defense Author-
ization Act for Fiscal Years 1992 and 1993 (Public
Law 102–190; 10 U.S.C. 12001 note) is amended—
301
(A) by striking ‘‘pilot’’ in subsection (a),
‘‘PILOT’’ in the heading of subsection (a), and
‘‘PILOT’’ in the section heading; and
(B) in subsection (c)(1)—
(i) by striking ‘‘2,000’’ in the first sen-
tence and inserting ‘‘5,000’’; and
(ii) by striking the second sentence.
(3) Sections 8334(c) and 8422(a)(3) of title 5,
United States Code, are each amended in the item for
nuclear materials couriers—
(A) by striking ‘‘to the day before the date
of the enactment of the Strom Thurmond Na-
tional Defense Authorization Act for Fiscal Year
1999’’ and inserting ‘‘to October 16, 1998’’; and
(B) by striking ‘‘The date of the enactment
of the Strom Thurmond National Defense Au-
thorization Act for Fiscal Year 1999’’ and insert-
ing ‘‘October 17, 1998’’.
(4) Section 113(b)(2) of title 32, United States
Code, is amended by striking ‘‘the date of the enact-
ment of this subsection’’ and inserting ‘‘October 17,
1998’’.
(5) Section 1007(b) of title 37, United States
Code, is amended by striking the second sentence.
302
(6) Section 845(b)(1) of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–160; 10
U.S.C. 2371 note) is amended by striking ‘‘(e)(2) and (e)(3)
of such section 2371’’ and inserting ‘‘(e)(1)(B) and (e)(2)
of such section 2371’’.
SEC. 1038. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOW-
MENT FUND OF UNITED SERVICE ORGANIZA-
TIONS, INCORPORATED.
(a) GRANTS AUTHORIZED.—Subject to subsection (c),
the Secretary of Defense may make grants to the United
Service Organizations, Incorporated, a federally chartered
corporation under chapter 2201 of title 36, United States
Code, to contribute funds for the USO’s Spirit of Hope En-
dowment Fund.
(b) GRANT INCREMENTS.—The amount of the first
grant under subsection (a) may not exceed $2,000,000. The
amount of the second grant under such subsection may not
exceed $3,000,000, and subsequent grants may not exceed
$5,000,000.
(c) MATCHING REQUIREMENT.—Each grant under
subsection (a) may not be made until after the United Serv-
ice Organizations, Incorporated, certifies to the Secretary
of Defense that sufficient funds have been raised from non-
Federal sources for deposit in the Spirit of Hope Endow-
303
ment Fund to match, on a dollar-for-dollar basis, the
amount of that grant.
(d) FUNDING.—Of the amount authorized to be appro-
priated by section 301(5) for operation and maintenance
for Defense-wide activities, $25,000,000 shall be available
to the Secretary of Defense for the purpose of making grants
under subsection (a).
SEC. 1039. CHEMICAL DEFENSE TRAINING FACILITY.
(a) AUTHORITY TO TRANSFER AGENTS.—(1) The Sec-
retary of Defense may transfer to the Attorney General
quantities of non-stockpile lethal chemical agents required
to support training at the Chemical Defense Training Fa-
cility at the Center for Domestic Preparedness in Fort
McClellan, Alabama. The quantity of non-stockpile lethal
chemical agents that may be transferred under this section
may not exceed that required to support training for emer-
gency first-response personnel in addressing the health, safe-
ty and law enforcement concerns associated with potential
terrorist incidents that might involve the use of lethal chem-
ical weapons or agents, or other training designated by the
Attorney General.
(2) The Secretary of Defense, in coordination with the
Attorney General, shall determine the amount of non-stock-
pile lethal chemical agents that shall be transferred under
this section. Such amount shall be transferred from quan-
304
tities of non-stockpile lethal chemical agents that are main-
tained by the Department of Defense for research, develop-
ment, test, and evaluation of chemical defense material and
for live-agent training of chemical defense personnel and
other individuals by the Department of Defense.
(3) The Secretary of Defense may not transfer non-
stockpile lethal chemical agents under this section until—
(A) the Chemical Defense Training Facility re-
ferred to in paragraph (1) is transferred from the De-
partment of Defense to the Department of Justice;
and
(B) the Secretary certifies that the Attorney Gen-
eral is prepared to receive such agents.
(4) Quantities of non-stockpile lethal chemical agents
transferred under this section shall meet all applicable re-
quirements for transportation, storage, treatment, and dis-
posal of such agents and for any resulting hazardous waste
products.
(b) ANNUAL REPORT.—The Secretary of Defense, in
consultation with Attorney General and the Administrator
of the Environmental Protection Agency, shall report annu-
ally to Congress regarding the disposition of non-stockpile
lethal chemical agents transferred under this section.
(c) NON-STOCKPILE LETHAL CHEMICAL AGENTS.—In
this section, the term ‘‘non-stockpile lethal chemical agents’’
305
includes those chemicals in the possession of the Department
of Defense that are not part of the chemical weapons stock-
pile and that are applied to research, medical, pharma-
ceutical, or protective purposes in accordance with Article
VI of the Conventional Weapons Convention Treaty.
TITLE XI—DEPARTMENT OF
DEFENSE CIVILIAN PERSONNEL
SEC. 1101. INCREASE OF PAY CAP FOR NONAPPROPRIATED
FUND SENIOR EXECUTIVE EMPLOYEES.
Section 5373 of title 5, United States Code, is
amended—
(1) in the first sentence, by striking ‘‘Except as
provided’’ and inserting ‘‘(a) Except as provided in
subsection (b) and’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) Subsection (a) shall not affect the authority of the
Secretary of Defense or the Secretary of a military depart-
ment to fix the pay of a civilian employee paid from non-
appropriated funds, except that the annual rate of basic
pay (including any portion of such pay attributable to com-
parability with private-sector pay in a locality) of such an
employee may not be fixed at a rate greater than the rate
for level III of the Executive Schedule.’’.
306
SEC. 1102. RESTORATION OF LEAVE FOR CERTAIN DEPART-
MENT OF DEFENSE EMPLOYEES WHO DEPLOY
TO A COMBAT ZONE OUTSIDE THE UNITED
STATES.
Section 6304(d) of title 5, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4)(A) For purposes of this subsection, the deployment
of an emergency essential employee of the Department of
Defense to a combat zone outside the United States shall
be deemed an exigency of the public business, and any leave
that is lost by an employee as a result of such deployment
(regardless of whether such leave was scheduled) shall be—
‘‘(i) restored to the employee; and
‘‘(ii) credited and available in accordance with
paragraph (2).
‘‘(B) For purposes of this paragraph, the term ‘Depart-
ment of Defense emergency essential employee’—
‘‘(i) means a civilian employee of the Depart-
ment of Defense, including a nonappropriated fund
instrumentality employee (as defined by section
1587(a)(1) of title 10) whose assigned duties and re-
sponsibilities would be necessary during a period that
follows the evacuation of nonessential personnel dur-
ing a declared emergency or the outbreak of combat
operations or war; and
307
‘‘(ii) includes an employee who is hired on a
temporary or permanent basis.’’.
SEC. 1103. EXPANSION OF GUARD-AND-RESERVE PURPOSES
FOR WHICH LEAVE UNDER SECTION 6323 OF
TITLE 5, UNITED STATES CODE, MAY BE USED.
(a) IN GENERAL.—Section 6323 of title 5, United
States Code, is amended in the first sentence by inserting
‘‘, inactive-duty training (as defined in section 101 of title
37),’’ after ‘‘active duty’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall not apply with respect to any inactive-
duty training (as defined in such amendment) occurring
before the date of the enactment of this Act.
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
SEC. 1201. REPORT ON STRATEGIC STABILITY UNDER
START III.
(a) REPORT.—Not later than September 1, 2000, the
Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Service of the House of Representatives a report, to be pre-
pared by the Defense Science Board in consultation with
the Director of Central Intelligence, on the strategic sta-
bility of the future nuclear balance between (1) the United
308
States, and (2) Russia and other potential nuclear adver-
saries.
(b) MATTERS TO BE INCLUDED.—The Secretary shall
include in the report the following:
(1) The policy guidance defining the military-
political objectives of the United States against poten-
tial nuclear adversaries under various nuclear con-
flict scenarios.
(2) The target sets and damage goals of the
United States against potential nuclear adversaries
under various nuclear conflict scenarios and how
those target sets and damage goals relate to the
achievement of the military-political objectives identi-
fied under paragraph (1).
(3) The strategic nuclear force posture of the
United States and of Russia that may emerge under
a further Strategic Arms Reduction Treaty (referred
to as ‘‘START III’’) and how capable the United
States forces envisioned under that posture would be
for the achievement of the damage goals and the mili-
tary objectives against potential nuclear adversaries
referred to in paragraphs (1) and (2).
(4) The Secretary’s assessment of (A) whether
Russian strategic forces under a START III treaty
would, or would not, likely be smaller, more vulner-
309
able, and less capable of launch-on-tactical-warning
than at present, and (B) in light of such assessment,
whether incentives for Russia to carry out a first
strike against the United States during a future crisis
probably would, or would not, be greater than at
present under a START III treaty.
(5) The Secretary’s assessment of (A) whether
China and so-called nuclear rogue states probably
will, or will not, remain incapable in the foreseeable
future of carrying out a launch-on-tactical-warning
and be more vulnerable to United States conventional
or nuclear attack than at present, and (B) in light
of such assessment, whether incentives for China and
nuclear rogue states to carry out a first strike against
the United States during a future crisis probably
would, or would not, be greater than at present.
(6) The Secretary’s assessment of whether
asymmetries between the United States and Russia
that are favorable to Russia in active and passive de-
fenses may be a significant strategic advantage to
Russia under a START III treaty.
(7) The Secretary’s assessment of whether
asymmetries between the United States and Russia
that are highly favorable to Russia in tactical nuclear
weapons might erode strategic stability.
310
(8) The Secretary’s assessment of whether a com-
bination of Russia and China against the United
States in a nuclear conflict could erode strategic sta-
bility under a START III treaty.
(9) The Secretary’s assessment of whether doc-
trinal asymmetries between the United States and
Russia, such as the expansion by Russia of the
warfighting role of nuclear weapons while the United
States is de-emphasizing the utility and purpose of
nuclear weapons, could erode strategic stability.
(c) CLASSIFICATION.—The report shall be submitted in
classified form and, to the extent possible, in unclassified
form.
SEC. 
1202. 
ONE-YEAR 
EXTENSION 
OF 
COUNTER-
PROLIFERATION AUTHORITIES FOR SUPPORT
OF UNITED NATIONS WEAPONS INSPECTION
REGIME IN IRAQ.
Effective October 1, 1999, section 1505(f) of the Weap-
ons of Mass Destruction Control Act of 1992 (22 U.S.C.
5859a(f)) is amended by striking ‘‘1999’’ and inserting
‘‘2000’’.
SEC. 1203. MILITARY-TO-MILITARY CONTACTS WITH CHI-
NESE PEOPLE’S LIBERATION ARMY.
(a) PRINCIPLES
FOR MILITARY-TO-MILITARY CON-
TACTS.—(1) It is the policy of the United States that mili-
311
tary-to-military contacts between the United States Armed
Forces and the People’s Liberation Army of the People’s Re-
public of China should be based on the principles of reci-
procity and transparency and that those contacts should be
managed within the executive branch by the Department
of Defense.
(2) For purposes of this section—
(A) reciprocity is measured by the frequency and
purpose of visits, the size of delegations, and similar
measures; and
(B) transparency is measured by the degree of
access to facilities and installations, to military per-
sonnel and units, and to exercises, and similar meas-
ures.
(b) LIMITATIONS.—The Secretary of Defense shall re-
quire that members of the People’s Liberation Army (when
participating in any such military-to-military contact or
otherwise) be excluded from the following:
(1) Inappropriate exposure (as determined by
the Secretary) to the operational capabilities of the
Armed Forces, including the following:
(A) Force projection.
(B) Nuclear operations.
(C) Advanced logistics.
312
(D) Chemical and biological defense and
other capabilities related to weapons of mass de-
struction.
(E) Intelligence, surveillance, and recon-
naissance operations.
(F) Joint warfighting experiments and
other activities related to a transformation in
warfare.
(G) Military space operations.
(H) Other advanced capabilities of the
Armed Forces.
(2) Arms sales or military-related technology
transfers.
(3) Release of classified or restricted information.
(4) Access to a Department of Defense labora-
tory.
(c) CERTIFICATION BY SECRETARY.—The Secretary of
Defense may authorize military-to-military contacts with
the People’s Liberation Army during any calendar year
only after the Secretary submits to the Committee on Armed
Services of the Senate and the Committee on Armed Service
of the House of Representatives, not earlier than one month
before the beginning of that year, a certification in writing
that such contacts during that year—
313
(1) will be conducted in a manner consistent
with the principles of reciprocity and transparency;
and
(2) are in the national security interest of the
United States.
(d) ANNUAL REPORT.—Not later than June 1 each
year, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on
Armed Service of the House of Representatives a report pro-
viding the Secretary’s assessment of the current state of
military-to-military contacts with the People’s Liberation
Army. The report shall include the following:
(1) A summary of all such military-to-military
contacts during the period since the last such report,
including a summary of topics discussed and ques-
tions asked by the Chinese participants in those con-
tacts.
(2) A description of the military-to-military con-
tacts scheduled for the next 12-month period and a
five-year plan for those contacts.
(3) The Secretary’s assessment of the benefits the
Chinese expect to gain from those military-to-military
contacts.
314
(4) The Secretary’s assessment of the benefits the
Department of Defense expects to gain from those
military-to-military contacts.
(5) The Secretary’s assessment of how military-
to-military contacts with the People’s Liberation
Army fit into the larger security relationship between
United States and the People’s Republic of China.
SEC. 1204. REPORT ON ALLIED CAPABILITIES TO CON-
TRIBUTE TO MAJOR THEATER WARS.
(a) REPORT.—The Secretary of Defense shall prepare
a report, in both classified and unclassified form, on the
current military capabilities of allied nations to contribute
to the successful conduct of the major theater wars as antici-
pated in the Quadrennial Defense Review of 1997.
(b) MATTERS TO BE INCLUDED.—The report shall set
forth the following:
(1) The identity, size, structure, and capabilities
of the armed forces of the allies expected to participate
in the major theater wars anticipated in the Quad-
rennial Defense Review.
(2) The priority accorded in the national mili-
tary strategies and defense programs of the antici-
pated allies to contributing forces to United States-led
coalitions in such major theater wars.
315
(3) The missions currently being conducted by
the armed forces of the anticipated allies and the abil-
ity of the allied armed forces to conduct simulta-
neously their current missions and those anticipated
in the event of major theater war.
(4) Any Department of Defense assumptions
about the ability of allied armed forces to deploy or
redeploy from their current missions in the event of
a major theater war, including any role United
States Armed Forces would play in assisting and sus-
taining such a deployment or redeployment.
(5) Any Department of Defense assumptions
about the combat missions to be executed by such al-
lied forces in the event of major theater war.
(6) The readiness of allied armed forces to exe-
cute any such missions.
(7) Any risks to the successful execution of the
military missions called for under the National Mili-
tary Strategy of the United States related to the ca-
pabilities of allied armed forces.
(c) SUBMISSION OF REPORT.—The report shall be sub-
mitted to Congress not later than June 1, 2000.
316
SEC. 1205. LIMITATION ON FUNDS FOR BOSNIA PEACE-
KEEPING OPERATIONS FOR FISCAL YEAR
2000.
(a) LIMITATION.—(1) Of the amounts authorized to be
appropriated by section 301(24) of this Act for the Overseas
Contingency Operations Transfer Fund, no more than
$1,824,400,000 may be obligated for incremental costs of
the Armed Forces for Bosnia peacekeeping operations.
(2) The President may waive the limitation in para-
graph (1) after submitting to Congress the following:
(A) The President’s written certification that the
waiver is necessary in the national security interests
of the United States.
(B) The President’s written certification that ex-
ercising the waiver will not adversely affect the readi-
ness of United States military forces.
(C) A report setting forth the following:
(i) The reasons that the waiver is necessary
in the national security interests of the United
States.
(ii) The specific reasons that additional
funding is required for the continued presence of
United States military forces participating in,
or supporting, Bosnia peacekeeping operations
for fiscal year 2000.
317
(iii) A discussion of the impact on the mili-
tary readiness of United States Armed Forces of
the continuing deployment of United States mili-
tary forces participating in, or supporting, Bos-
nia peacekeeping operations.
(D) A supplemental appropriations request for
the Department of Defense for such amounts as are
necessary for the additional fiscal year 2000 costs as-
sociated with United States military forces partici-
pating in, or supporting, Bosnia peacekeeping oper-
ations.
(b) BOSNIA PEACEKEEPING OPERATIONS DEFINED.—
For the purposes of this section, the term ‘‘Bosnia peace-
keeping operations’’ has the meaning given such term in
section 1204(e) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–
261; 112 Stat. 2112).
318
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Coop-
erative Threat Reduction programs are the programs speci-
fied in section 1501(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2000 COOPERATIVE THREAT REDUC-
TION FUNDS DEFINED.—As used in this title, the term ‘‘fis-
cal year 2000 Cooperative Threat Reduction funds’’ means
the funds appropriated pursuant to the authorization of ap-
propriations in section 301 for Cooperative Threat Reduc-
tion programs.
(c) AVAILABILITY
OF FUNDS.—Funds appropriated
pursuant to the authorization of appropriations in section
301, and any other funds appropriated after the date of
the enactment of this Act, for Cooperative Threat Reduction
programs shall be available for obligation for three fiscal
years.
319
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR
SPECIFIC
PURPOSES.—Of the
$444,100,000 authorized to be appropriated to the Depart-
ment of Defense for fiscal year 2000 in section 301(23) for
Cooperative Threat Reduction programs, not more than the
following amounts may be obligated for the purposes speci-
fied:
(1) For strategic offensive arms elimination in
Russia, $177,300,000.
(2) For strategic nuclear arms elimination in
Ukraine, $43,000,000.
(3) For activities to support warhead dismantle-
ment processing in Russia, $9,300,000.
(4) For security enhancements at chemical weap-
ons storage sites in Russia, $24,600,000.
(5) For weapons transportation security in Rus-
sia, $15,200,000.
(6) For planning, design, and construction of a
storage 
facility 
for 
Russian 
fissile 
material,
$60,900,000.
(7) For weapons storage security in Russia,
$90,000,000.
(8) For development of a cooperative program
with the Government of Russia to eliminate the pro-
duction of weapons grade plutonium at Russian reac-
tors, $20,000,000.
320
(9) For biological weapons proliferation preven-
tion activities in Russia, $2,000,000.
(10) For activities designated as Other Assess-
ments/Administrative Support, $1,800,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2000 Coop-
erative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (10) of subsection (a) until 30 days after
the date that the Secretary of Defense submits to Congress
a report on the purpose for which the funds will be obligated
or expended and the amount of funds to be obligated or ex-
pended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year
2000 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifi-
cally prohibited under this title.
(c) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that it
is necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2000 or
any subsequent fiscal year for a purpose listed in any of
the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose. However, the total
321
amount obligated for Cooperative Threat Reduction pro-
grams for such fiscal year may not, by reason of the use
of the authority provided in the preceding sentence, exceed
the total amount authorized for such programs for such fis-
cal year.
(2) An obligation of funds for a purpose stated in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using
the authority provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for the purposes
stated in any of paragraphs (3) through (10) of subsection
(a) in excess of 115 percent of the amount specifically au-
thorized for such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED
PURPOSES.
(a) IN GENERAL.—No fiscal year 2000 Cooperative
Threat Reduction funds, and no funds appropriated for Co-
operative Threat Reduction programs after the date of the
322
enactment of this Act, may be obligated or expended for any
of the following purposes:
(1) Conducting with Russia any peacekeeping
exercise or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environ-
mental restoration.
(4) Provision of assistance to promote job re-
training.
(b) LIMITATION WITH RESPECT TO DEFENSE CONVER-
SION ASSISTANCE.—None of the funds appropriated pursu-
ant to this Act, and no funds appropriated to the Depart-
ment of Defense in any other Act enacted after the date of
the enactment of this Act, may be obligated or expended
for the provision of assistance to Russia or any other state
of the former Soviet Union to promote defense conversion.
(c) LIMITATION WITH RESPECT TO CONVENTIONAL
WEAPONS.—No fiscal year 2000 Cooperative Threat Reduc-
tion funds, and no funds appropriated for Cooperative
Threat Reduction programs after the date of the enactment
of this Act, may be obligated or expended for elimination
of conventional weapons or the delivery vehicles of such
weapons.
323
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE
MATERIAL STORAGE FACILITY.
(a) LIMITATIONS
ON USE
OF FISCAL YEAR 2000
FUNDS.—No fiscal year 2000 Cooperative Threat Reduction
funds may be used—
(1) for construction of a second wing for the stor-
age facility for Russian fissile material referred to in
section 1302(6); or
(2) for design or planning with respect to such
facility until 15 days after the date that the Secretary
of Defense submits to Congress notification that Rus-
sia and the United States have signed a written
transparency agreement that provides that the United
States may verify that material stored at the facility
is of weapons origin.
(b) LIMITATION ON CONSTRUCTION.—No funds appro-
priated for Cooperative Threat Reduction programs may be
used for construction of the storage facility referred to in
subsection (a) until the Secretary of Defense submits to
Congress the following:
(1) A certification that additional capacity is
necessary at such facility for storage of Russian
weapons-origin fissile material.
(2) A detailed cost estimate for a second wing for
the facility.
324
SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL
WEAPONS DESTRUCTION.
No fiscal year 2000 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat
Reduction programs after the date of the enactment of this
Act, may be obligated or expended for planning, design, or
construction of a chemical weapons destruction facility in
Russia.
SEC. 1306. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL
WEAPONS PROLIFERATION PREVENTION AC-
TIVITIES.
No fiscal year 2000 Cooperative Threat Reduction
funds may be obligated or expended for biological weapons
proliferation prevention activities in Russia until the Sec-
retary of Defense submits to the congressional defense com-
mittees the reports described in sections 1305 and 1308 of
the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2164,
2166).
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF REPORT AND MULTIYEAR PLAN.
No fiscal year 2000 Cooperative Threat Reduction
funds may be obligated or expended until the Secretary of
Defense submits to Congress—
(1) a report describing—
325
(A) with respect to each purpose listed in
section 1302, whether the Department of Defense
is the appropriate executive agency to carry out
Cooperative Threat Reduction programs for such
purpose, and if so, why; and
(B) for any purpose that the Secretary de-
termines is not appropriately carried out by the
Department of Defense, a plan for migrating re-
sponsibility for carrying out such purpose to the
appropriate agency; and
(2) an updated version of the multiyear plan for
fiscal year 2000 required to be submitted under sec-
tion 1205 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2883).
SEC. 1308. REQUIREMENT TO SUBMIT REPORT.
Not later than December 31, 1999, the Secretary of De-
fense shall submit to Congress a report including—
(1) an explanation of the strategy of the Depart-
ment of Defense for encouraging states of the former
Soviet Union that receive funds through Cooperative
Threat Reduction programs to contribute financially
to the threat reduction effort;
326
(2) a prioritization of the projects carried out by
the Department of Defense under Cooperative Threat
Reduction programs; and
(3) an identification of any limitations that the
United States has imposed or will seek to impose, ei-
ther unilaterally or through negotiations with recipi-
ent states, on the level of assistance provided by the
United States for each of such projects.
SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INI-
TIATIVE.
Not later than December 31, 1999, the President shall
submit to Congress a report on the Expanded Threat Reduc-
tion Initiative. Such report shall include a description of
the plans for ensuring effective coordination between execu-
tive agencies in carrying out the Expanded Threat Reduc-
tion Initiative to minimize duplication of efforts.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2000’’.
327
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(1), the Secretary of the Army may ac-
quire real property and carry out military construction
projects for the installations and locations inside the United
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
328
Army: Inside the United States—Continued
State
Installation or location
Amount
Total ...................................................
$967,550,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army may
acquire real property and carry out military construction
projects for the locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
Country
Installation or location
Amount
Germany ..............................
Ansbach ......................................................
$21,000,000
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
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(5)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Army: Family Housing
State
Installation or loca-
tion
Purpose
Amount
Korea ...............................
Camp Humphreys .........
60 Units ...........
$24,000,000
Virginia ...........................
Fort Lee ..........................
97 Units ...........
$16,500,000
Total .........
$40,500,000
329
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may car-
ryout architectural and engineering services and construc-
tion design activities with respect to the construction or im-
provement of family housing units in an amount not to
exceed $4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in sections 2104(a)(5)(A), the
Secretary of the Army may improve existing military fam-
ily housing units in an amount not to exceed $35,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1999, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Army in the total amount of $2,384,417,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2101(a),
$879,550,000.
331
section 2101(a) of the Military Construction Author-
ization Act for Fiscal Year 1998 (division B of Public
Law 105–85; 111 Stat. 1966), $14,000,000.
(8) For the construction of the railhead facility,
Fort Hood, Texas, authorized in section 2101(a) of
the Military Construction Authorization Act for Fis-
cal Year 1999 (division B of Public Law 105–261;
112 Stat. 2182), $14,800,000.
(9) For the construction of the cadet development
center, United States Military Academy, West Point,
New York, authorized in section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105–261; 112 Stat.
2182), $28,500,000.
(10) For the construction of the whole barracks
complex renewal, Fort Campbell, Kentucky, author-
ized in section 2101(a) of the Military Construction
Authorization Act for Fiscal year 1999 (division B of
Public Law 105–261; 112 Stat. 2182), $32,000,000.
(11) For the construction of the multi-purpose
digital training range, Fort Knox, Kentucky, author-
ized in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of
Public Law 105–261; 112 Stat. 2182), $16,000,000.
332
(12) For the construction of the power plant, Roi
Namur Island, Kwajalein Atoll, Kwajalein, author-
ized in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of
Public Law 105–261; 112 Stat. 2183), $35,400,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2101 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $46,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
the whole barracks complex renewal at Schofield Bar-
racks, Hawaii);
(3) $22,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
the whole barracks complex renewal at Fort Bragg,
North Carolina);
(4) $10,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
333
tank trail erosion mitigation at the Yakima Training
Center, Fort Lewis, Washington); and
(5) $10,100,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
a tactical equipment shop at Fort Sill, Oklahoma).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (12) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs reduced by $7,750,000,
which represents the combination of project savings in mili-
tary construction resulting from favorable bids, reduced
overhead charges, and cancellations due to force structure
changes.
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2204(a)(1), the Secretary of the Navy may ac-
quire real property and carry out military construction
projects for the installations and locations inside the United
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 Cen-
ter, Twentynine Palms .........................
$34,760,000