National Defense Authorization Act for Fiscal Year 2000
PL 106-65 (S.1059), enacted 10/05/1999

113 STAT. 512 
PUBLIC LAW 106-65—OCT. 5, 1999 
Public Law 106-65 
106th Congress 
Oct. 5, 1999 
[S. 1059] 
National Defense 
Authorization 
Act for Fiscal 
Year 2000. 
An Act 
To authorize appropriations for fiscal year 2000 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Defense Authorization 
Act for Fiscal Year 2000". 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—^Authorization of Appropriations 
Army. 
Navy and Marine Corps. 
Air Force. 
Defense-wide activities. 
Reserve components. 
Defense Inspector General. 
Chemical demilitarization program. 
Defense health programs. 
Subtitle B—^Army Programs 
Multiyear procurement authority for certain Army programs. 
Procurement requirements for the Family of Medium Tactical Vehicles. 
Army aviation modernization. 
Multiple Launch Rocket System. 
Extension of pilot program on sales of manufactured articles and services 
of certain Aj-my industrial facilities without regard to availability from 
domestic sources. 
Extension of authority to carry out Armament Retooling and Manufac-
turing Support Initiative. 
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PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 513 
Subtitle C—^Navy Programs 
Sec. 121. F/A-18E/F Super Hornet aircraft program. 
Sec. 122. Arleigh Burke class destroyer proeram. 
Sec. 123. Repeal of requirement for annual report from shipbuilders under certain 
nuclear attack submarine programs. 
Sec. 124. LHD-8 amphibious assault ship program. 
Sec. 125. D-5 missile program. 
Subtitle D—^Air Force Programs 
Sec. 131. F-22 aircraft program. 
Sec. 132. Replacement options for conventional air-launched cruise missile. 
Sec. 133. Procurement of firefighting equipment for the Air National Guard and the 
Air Force Reserve. 
Sec. 134. F-16 tactical manned reconnaisance aircraft. 
Subtitle E—Chemical Stockpile Destruction Program 
Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions. 
Sec. 142. Comptroller General report on anticipated effects of proposed changes in 
operation of storage sites for lethal chemical agents and munitions. 
TITLE 
II—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
Subtitle A—^Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic and applied research. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Collaborative program to evaluate and demonstrate advanced tech-
nologies for advanced capability combat vehicles. 
Sec. 212. Sense of Congress regarding defense science and technology program. 
Sec. 213. Micro-satellite technology development program. 
Sec. 214. Space control technology. 
Sec. 215. Space maneuver vehicle program. 
Sec. 216. Manufacturing technolo^ program. 
Sec. 217. Revision to limitations on high altitude endurance unmanned vehicle pro-
gram. 
Subtitle C—^Ballistic Missile Defense 
Sec. 231. Space Based Infrared System (SBIRS) low program. 
Sec. 232. Theater missile defense upper tier acquisition strategy. 
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense (THAAD) 
system. 
Sec. 234. Space-based laser program. 
Sec. 235. Criteria for progression of airborne laser program. 
Sec. 236. Sense of Congress regarding ballistic missile defense technology funding. 
Sec. 237. Report on national missile defense. 
Subtitle D—^Research and Development for Long-Term Military Capabilities 
Sec. 241. Quadrennial report on emerging operational concepts. 
Sec. 242. Technology area review and assessment. 
Sec. 243. Report by Under Secretary of Defense for Acquisition, Technology, and 
Logistics. 
Sec. 244. DARPA program for award of competitive prizes to encourage develop-
ment of advanced technologies. 
Sec. 245. Additional pilot program for revitalizing Department of Defense labora-
tories. 
Subtitle E—Other Matters 
Sec. 251. Development of Department of Defense laser master plan and execution 
of solid state laser program. 
Sec. 252. Report on Air Force distributed mission training. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—^Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Transfer from National Defense Stockpile Transaction Fund. 
Sec. 305. Transfer to Defense Working Capital Funds to support Defense Com-
missary Agency. 
113 STAT. 514 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 311. Armed Forces Emergency Services. 
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne Division. 
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program. 
Sec. 314. Contributions for Spirit of Hope endowment fund of United Service Orga-
nizations, Incorporated. 
Subtitle C—^Environmental Provisions 
Sec. 321. Extension of limitation on payment of fines and penalties using funds in 
environmental restoration accounts. 
Sec. 322. Modification of requirements for annual reports on environmental compli-
ance activities. 
Sec. 323. Defense environmental technology program and investment control proc-
ess for environmental technologies. 
Sec. 324. Modification of membership of Strategic Environmental Research and De-
velopment Program Council. 
Sec. 325. Extension of pilot program for sale of air pollution emission reduction in-
centives. 
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum Super-
fund Site, Fresno, California. 
Sec. 327. Payment of stipulated penalties assessed under CERCLA in connection 
with F.E. Warren Air Force Base, Wyoming. 
Sec. 328. Remediation of asbestos and lead-based paint. 
Sec. 329. Release of information to foreign countries regarding any environmental 
contamination at former United States military installations in those 
countries. 
Sec. 330. Toussaint River ordnance mitigation study. 
Subtitle D—Depot-Level Activities 
Sec. 331. Sales of articles and services of defense industrial facilities to purchasers 
outside the Department of Defense. 
Sec. 332. Contracting authority for defense working capital funded industrial facili-
ties. 
Sec. 333. Annual reports on expenditures for performance of depot-level mainte-
nance and repair workloads by public and private sectors. 
Sec. 334. Applicability oi competition requirement in contracting out workloads per-
formed by depot-level activities of Department of Defense. 
Sec. 335. Treatment of public sector winning bidders for contracts for performance 
of depot-level maintenance and repair workloads formerly performed at 
certain military installations. 
Sec. 336. Additional matters to be reported before prime vendor contract for depot-
level maintenance and repair is entered into. 
Subtitle E—^Performance of Functions by Private-Sector Sources 
Sec. 341. Reduced threshold for consideration of effect on local community of chang-
ing defense functions to private sector performance. 
Sec. 342. Congressional notification of A-76 cost comparison waivers. 
Sec. 343. Report on use of employees of non-Federal entities to provide services to 
Department of Defense. 
Sec. 344. Evaluation of Total System Performance Responsibility Program. 
Sec. 345. Sense of Congress regarding process for modernization of Army computer 
services. 
Subtitle F—Defense Dependents Education 
Sec. 351. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 352. Unified school boards for all Department of Defense domestic dependent 
schools in the Commonwealth of Puerto Rico and Guam. 
Sec. 353. Continuation of enrollment at Department of Defense domestic dependent 
elementary and secondary schools. 
Sec. 354. Technical amendments to Defense Dependents' Education Act of 1978. 
Subtitle G—Military Readiness Issues 
Sec. 361. Independent study of military readiness reporting system. 
Sec. 362. Independent study of Department of Deiense secondary inventory and 
parts shortages. 
Sec. 363. Report on inventory and control of military equipment. 
Sec. 364. Comptroller General study of adequacy of Department restructured 
sustainment and reen^neered logistics product support practices. 
Sec. 365. Comptroller General review of real property maintenance and its effect on 
readiness. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 515 
Sec. 366. Establishment of logistics standards for sustained military operations. 
Subtitle H—Information Technology Issues 
Sec. 371. Discretionary authority to install telecommunication equipment for per-
sons performing voluntary services. 
Sec. 372. Authority for disbursing officers to support use of automated teller ma-
chines on naval vessels for financial transactions. 
Sec. 373. Use of Smart Card technology in the Department of Defense. 
Sec. 374. Report on Defense use of Smart Card as PKI authentication device ear-
ner. 
Subtitle I—Other Matters 
Sec. 381. Authority to lend or donate obsolete or condemned rifles for funeral and 
other ceremonies. 
Sec. 382. Extension of warranty claims recovery pilot program. 
Sec. 383. Preservation of historic buildings and grounds at United States Soldiers' 
and Airmen's Home, District of Columbia. 
Sec. 384. Clarification of land conveyance authority, United States Soldiers' and 
Airmen's Home. 
Sec. 385. Treatment of Alaska, Hawaii, and Guam in Defense household goods 
moving programs. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—^Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Increase in numbers of members in certain grades authorized to be on ac-
tive duty in support of the Reserves. 
Sec. 415. Selected Reserve end strength flexibility. 
Subtitle C—^Authorization of Appropriations 
Sec. 421. Authorization of appropriations for military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Temporary authority for recall of retired aviators. 
Sec. 502. Increase in maximum number of officers authorized to be on active-duty 
list in frocked grades of brigadier general and rear admiral (lower half). 
Sec. 503. Reserve officers requesting or otherwise causing nonselection for pro-
motion. 
Sec. 504. Minimum grade of officers eligible to serve on boards of inquiry. 
Sec. 505. Minimum selection of warrant officers for promotion from below the pro-
motion zone. 
Sec. 506. Increase in threshold period of active duty for applicability of restriction 
on holding of civil office by retired regular officers and reserve officers. 
Sec. 507. Exemption of retiree council members from recalled retiree limits. 
Sec. 508. Technical amendments relating to joint duty assi^ments. 
Sec. 509. Three-year extension of requirement for competition for joint 4-star officer 
positions. 
Subtitle B—^Reserve Component Personnel Policy 
Sec. 511. Continuation of officers on reserve active-status list to complete discipli-
nary action. 
Sec. 512. Authority to order reserve component members to active duty to complete 
a medical evaluation. 
Sec. 513. Exclusion of reserve officers on educational delay from eligibility for con-
sideration for promotion. 
Sec. 514. Extension of period for retention of reserve component majors and lieu-
tenant commanders who twice fail of selection for promotion. 
Sec. 515. Computation of years of service exclusion. 
Sec. 516. Retention of reserve component chaplsiins until age 67. 
Sec. 517. Expansion and codification of authority for space-required travel on mili-
tary aircraft for reserves performing inactive-duty training outside the 
continental United States. 
113 STAT. 516 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle C—Military Technicians 
Sec. 521. Revision to military technician (dual status) law. 
Sec. 522. Civil service retirement of technicians. 
Sec. 523. Revision to non-dual status technicians statute. 
Sec. 524. Revision to authorities relating to National Guard techniciauis. 
Sec. 525. Effective date. 
Sec. 526. Secretary of Defense review of Armv technician costing process. 
Sec. 527. Fiscal year 2000 limitation on number of non-dual status technicians. 
Subtitle D—Service Academies 
Sec. 531. Strength limitations at the service academies. 
Sec. 532. Superintendents of the service academies. 
Sec. 533. Dean of Academic Board, United States Military Academy and Dean of 
the Faculty, United States Air Force Academy. 
Sec. 534. Waiver of reimbursement of expenses for instruction at service academies 
of persons from foreign countries. 
Sec. 535. Expansion of foreign exchange programs of the service academies. 
Subtitle E—Education and Training 
Sec. 541. Establishment of a Department of Defense international student program 
at the senior militaiy colleges. 
Sec. 542. Authority for Army War College to award degree of master of strategic 
studies. 
Sec. 543. Authority for Air University to confer graduate-level degrees. 
Sec. 544. Reserve credit for participation in health professions scholarship and fi-
nancial assistance program. 
Sec. 545. Permanent authority for ROTC scholarships for graduate students. 
Sec. 546. Increase in monthly subsistence allowance for Senior ROTC cadets se-
lected for advanced training. 
Sec. 547. Contingent funding increase for Junior ROTC program. 
Sec. 548. Change from annual to biennial reporting under the reserve component 
Montgomery GI bill. 
Sec. 549. Recodification and consolidation of statutes denying Federal grants and 
contracts by certain departments and agencies to institutions of higher 
education that prohibit Senior ROTC units or military recruiting on 
campus. 
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill liabilities. 
Subtitle F—Reserve Component Management 
Sec. 551. Financial assistance program for pursuit of degrees by officer candidates 
in Marine Corps Platoon Leaders Class program. 
Sec. 552. Options to improve recruiting for the Army Reserve. 
Sec. 553. Joint duty assignments for reserve component general and flag officers. 
Sec. 554. Grade of chiefs of reserve components and additional general officers at 
the National Guard Bureau. 
Sec. 555. Duties of Reserves on active duty in support of the Reserves. 
Sec. 556. Repeal of limitation on number of Reserves on full-time active duty in 
support of preparedness for responses to emergencies involving weapons 
of mass destruction. 
Sec. 557. Establishment of Office of the Coast Guard Reserve. 
Sec. 558. Report on use of National Guard facilities and infrastructure for support 
of provision of services to veterans. 
Subtitle G—^Decorations, Awards, and Commendations 
Sec. 561. Waiver of time limitations for award of certain decorations to certain per-
sons. 
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for valor during 
the Vietnam conflict. 
Sec. 563. Elimination of current backlog of requests for replacement of military 
decorations. 
Sec. 564. Retroactive award of Navy Combat Action Ribbon. 
Sec. 565. Sense of Congress concerning Presidential Unit Citation for crew of the 
U.S.S. Indianapolis. 
Subtitle H—^Matters Related to Recruiting 
Sec. 571. Access to secondary school students for military recruiting purposes. 
Sec. 572. Increased authority to extend delayed entry period for enlistments of per-
sons with no prior military service. 
Sec. 573. Army College First pilot program. 
Sec. 574. Use of recruiting materials for public relations purposes. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 517 
Subtitle I—Matters Relating to Missing Persons 
Sec. 575. Nondisclosure of debriefing information on certain missing persons pre-
viously returned to United States control. 
Sec. 576. Recovery and identification of remains of certain World War II service-
men lost in Pacific Theater of Operations. 
Subtitle J—Other Matters 
Sec. 577. Authority for special courts-martial to impose sentences to confinement 
and forfeitures of pay of up to one year. 
Sec. 578. Funeral honors details for funerals of veterans. 
Sec. 579. Purpose and funding limitations for National Guard Challenge program. 
Sec. 580. Department of Defense Starbase program. 
Sec. 581. Survey of members leaving military service on attitudes toward military 
service. 
Sec. 582. Service review agencies covered by professional staffing requirement. 
Sec. 583. Participation of members in management of organizations abroad that 
promote international understanding. 
Sec. 584. Support for expanded child care services and youth program services for 
dependents. 
Sec. 585. Report and regulations on Department of Defense policies on protecting 
the confidentiality of communications with professionals 
providing 
therapeutic or related services regarding sexual or domestic abuse. 
Sec. 586. Members under burdensome personnel tempo. 
Subtitle K—Domestic Violence 
Sec. 591. Defense task force on domestic violence. 
Sec. 592. Incentive program for improving responses to domestic violence involving 
members of the Armed Forces and military family members. 
Sec. 593. Uniform Department of Defense policies for responses to domestic vio-
lence. 
Sec. 594. Central Department of Defense database on domestic violence incidents. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2000 increase in military basic pay and reform of basic pay 
rates. 
Sec. 602. Pay increases for fiscal years 2001 through 2006. 
Sec. 603. Additional amount available for fiscal year 2000 increase in basic allow-
ance for housing inside the United States. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonuses and special pay authorities for reserve 
forces. 
Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer 
candidates, registered nurses, and nurse anesthetists. 
Sec. 613. Extension of authorities relating to payment of other bonuses and special 
pays. 
Sec. 614. Amount of aviation career incentive pay for air battle managers. 
Sec. 615. Expansion of authority to provide special pay to aviation career officers 
extending period of active duty. 
Sec. 616. Additional special pay for board certified veterinarians in the Armed 
Forces and Public Health Service. 
Sec. 617. Diving duty special pay. 
Sec. 618. Reenlistment bonus. 
Sec. 619. Enlistment bonus. 
Sec. 620. Selected Reserve enlistment bonus. 
. 
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to high pri-
ority units of the Selected Reserve. 
Sec. 622. Reduced minimum period of enlistment in Army in critical skill for eligi-
bility for enlistment bonus. 
Sec. 623. Eligibility for reserve component prior service enlistment bonus upon at-
taining a critical skill. 
Sec. 624. Increase in special pay and bonuses for nuclear-qualified officers. 
Sec. 625. Increase in maximum monthly rate authorized for foreign language pro-
ficiency pay. 
Sec. 626. Authorization of retention bonus for special warfare officers extending pe-
riods of active duty. 
Sec. 627. Authorization of surface warfare officer continuation pay. 
Sec. 628. Authorization of career enlisted flyer incentive pay. 
113 STAT. 518 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 629. Authorization of judge advocate continuation pay. 
Subtitle C—^Travel and Transportation Allowances 
Sec. 631. Provision of lodging in kind for Reservists performing training duty and 
not otherwise entitled to travel and transportation allowances. 
Sec. 632. Payment of temporary lodging expenses for members making their first 
permanent change of station. 
Sec. 633. Destination airport for emergency leave travel to continental United 
States. 
Subtitle D—Retired Pay Reform 
Sec. 641. Redux retired pay system applicable only to members electing new 15-
year career status bonus. 
Sec. 642. Authorization of 15-year career status bonus. 
Sec. 643. Conforming amendments. 
Sec. 644. Effective date. 
Subtitle E—Other Matters Relating to Military Retirees and Survivors 
Sec. 651. Repeal of reduction in retired pay for military retirees employed in civil-
ian positions. 
Sec. 652. Presentation of United States flag to retiring members of the uniformed 
services not previously covered. 
Sec. 653. Disability retirement or separation for certain members with pre-existing 
conditions. 
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-up pre-
mium paid by persons electing SBP coverage during special open enroll-
ment period. 
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection Plan. 
Sec. 656. Extension of authority for payment of annuities to certain military sur-
viving spouses. 
Sec. 657. Effectuation of intended SBP annuity for former spouse when not elected 
by reason of untimely death of retiree. 
Sec. 658. Special compensation for severely disabled uniformed services retirees. 
Subtitle F—Eligibility To Participate in the Thrift Savings Plan 
Sec. 661. Participation in Thrift Savings Plan. 
Sec. 662. Special retention initiative. 
Sec. 663. Effective date. 
Subtitle G—Other Matters 
Sec. 671. Payment for unused leave in conjunction with a reenlistment. 
Sec. 672. Clarification of per diem eligibility for military technicians (dual status) 
serving on active duty without pay outside the United States. 
Sec. 673. Annual report on effects of initiatives on recruitment and retention. 
Sec. 674. Overseas special supplemental food program. 
Sec. 675. Tuition assistance for members deployed in a contingency operation. 
Sec. 676. Administration of Selected Reserve education loan repayment program for 
Coast Guard Reserve. 
Sec. 677. Sense of Congress regarding treatment under Internal Revenue Code of 
members receiving hostile fire or imminent danger special pay during 
contingency operations. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Health Care Services 
Sec. 701. Pharmacy benefits program. 
Sec. 702. Provision of chiropractic health care. 
Sec. 703. Provision of domiciliary and custodial care for certain CHAMPUS bene-
ficiaries. 
Sec. 704. Enhancement of dental benefits for retirees. 
Sec. 705. Medical and dental care for certain members incurring injuries on inac-
tive-duty training. 
Sec. 706. Health care at former unifonned services treatment facilities for active 
duty members stationed at certain remote locations. 
Sec. 707. Open enrollment demonstration program. 
Subtitle B—TRICARE Program 
Sec. 711. Expansion and revision of authority for dental programs for dependents 
and reserves. 
Sec. 712. Improvement of access to health care under the TRICARE program. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 519 
Sec. 713. Improvements to claims processing under the TRICARE program. 
Sec. 714. Authority to waive certain TRICARE deductibles. 
Sec. 715. TRICARE beneficiary counseling and assistance coordinators. 
Sec. 716. Improvement of TRICARE management; improvements to third-party 
payer collection program. 
Sec. 717. Comparative report on health care coverage under the TRICARE pro-
gram. 
Subtitle C—Other Matters 
Sec. 721. Forensic pathology investigations by Armed Forces Medical Examiner. 
Sec. 722. Best value contracting. 
Sec. 723. Health care quality information and technology enhancement. 
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by the De-
partment of Defense and Department of Veterans Affairs. 
Sec. 725. Program-year stability in health care benefits. 
Sec. 726. Study on joint operations for the Defense Health Program. 
Sec. 727. Trauma training center. 
Sec. 728. Sense of Congress regarding automatic enrollment of medicare-eligible 
beneficiaries in the TRICARE Senior Prime demonstration project. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—^Amendments to General Contracting Authorities, Procedures, 
and Limitations 
Sec. 801. Authority to carry out certain prototype projects. 
Sec. 802. Streamlined applicability of cost accounting standards. 
Sec. 803. Sale, exchange, and waiver authority for coal and coke. 
Sec. 804. Guidance on use of task order and delivery order contracts. 
Sec. 805. Clarification of definition of commercial items with respect to associated 
services. 
Sec. 806. Use of special simplified procedures for purchases of commercial items in 
excess of the simplified acquisition threshold. 
Sec. 807. Repeal of termination of provision of credit towards subcontracting goals 
for purchases benefiting severely handicapped persons. 
Sec. 808. Contract goal for small disadvantaged businesses and certain institutions 
of higher education. 
Sec. 809. Required reports for certain multiyear contracts. 
Subtitle B—Other Matters 
Sec. 811. Mentor-Protege Program improvements. 
Sec. 812. Program to increase business innovation in defense acquisition programs. 
Sec. 813. Incentives to produce innovative new technologies. 
Sec. 814. Pilot program for commercial services. 
Sec. 815. Expansion of applicability of requirement to make certain procurements 
from small arms production industrial base. 
Sec. 816. Compliance with existing law regarding purchases of equipment and 
products. 
Sec. 817. Extension of test program for negotiation of comprehensive small busi-
ness subcontracting plans. 
Sec. 818. Extension of interim reporting rule for certain procurements less than 
$100,000. 
Sec. 819. Inspector Greneral review of compliance with Buy American Act in pur-
chases of strength training equipment. 
Sec. 820. Report on options for accelerated acquisition of precision munitions. 
Sec. 821. Technical amendment to prohibition on release of contractor proposals 
under the Freedom of Information Act. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 
AND MANAGEMENT 
Subtitle A—^Department of Defense Strategic Planning 
Sec. 901. Permanent requirement for Quadrennial Defense Review. 
Sec. 902. Minimum interval for updating and revising Department of Defense stra-
tegic plan. 
Subtitle B—^Department of Defense Organization 
ponsibilit 
of Defense. 
Sec. 911. Responsibility for logistics and sustainment functions of the Department 
fDe" 
113 STAT. 520 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 912. Enhancement of technology security program of Department of Defense. 
Sec. 913. Efficient utiUzation of defense laboratories. 
Sec. 914. Center for the Study of Chinese Military Affairs. 
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security Studies of 
foreign gifts and donations. 
Subtitle C—^Personnel Management 
Sec. 921. Revisions to limitations on number of personnel assigned to major De-
partment of Defense headquarters activities. 
Sec. 922. Defense acquisition workforce reductions. 
Sec. 923. Monitoring and reporting requirements regarding operations tempo and 
personnel tempo. 
Sec. 924. Administration of defense reform initiative enterprise program for mili-
tary manpower and personnel information. 
Sec. 925. Payment of tuition for education and training of members in defense ac-
quisition workforce. 
Subtitle D—Other Matters 
Sec. 931. Additional matters for annual reports on joint warfighting experimen-
tation. 
Sec. 932. Oversight of Department of Defense activities to combat terrorism. 
Sec. 933. Responsibilities and accountability for certain 
financial 
management 
functions. 
Sec. 934. Management of Civil Air Patrol. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003. Authorization of emergency supplemental appropriations for fiscal year 
1999. 
Sec. 1004. Supplemental appropriations request for operations in Yugoslavia. 
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal 
year 2000. 
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for fiscal year 
2000. 
Sec. 1007. Second biennial financial management improvement plan. 
Sec. 1008. Waiver authority for requirement that electronic transfer of funds be 
used for Department of Defense payments. 
Sec. 1009. Single payment date for invoice for various subsistence items. 
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of maps, charts, 
and navigational books. 
Subtitle B—^Naval Vessels and Shipyards 
Sec. 1011. Revision to congressional notice-and-wait period required before transfer 
of a vessel stricken from the Naval Vessel Register. 
Sec. 1012. Authority to consent to retransfer of former naval vessel. 
Sec. 1013. Report on naval vessel force structure requirements. 
Sec. 1014. Auxiliary vessels acquisition program for the Department of Defense. 
Sec. 1015. National Defense Features program. 
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship contractors. 
Sec. 1017. Transfer of naval vessel to foreign country. 
Sec. 1018. Authority to transfer naval vessels to certain foreign countries. 
Subtitle C—Support for Civilian Law Enforcement and Counter Drug 
Activities 
Sec. 1021. Modification of limitation on funding assistance for procurement of 
equipment for the National Guard for drug interdiction and counter-
drug activities. 
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard authority 
for drug interdiction activities. 
Sec. 1023. Military assistance to civil authorities to respond to act or threat of ter-
rorism. 
Sec. 1024. Condition on development of forward operating locations for United 
States Southern Command counter-drug detection and monitoring 
flights. 
Sec. 1025. Annual report on United States military activities in Colombia. 
Sec. 1026. Report on use of radar systems for counter-drug detection and moni-
toring. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 521 
Sec. 1027. Plan regarding assignment of military personnel to assist Immigration 
and Naturalization Service and Customs Service. 
Subtitle D—Miscellaneous Report Requirements and Repeals 
Sec. 1031. Preservation of certain defense reporting requirements. 
Sec. 1032. Repeal of certain reporting requirements not preserved. 
Sec. 1033. Reports on risks under National Military Strategy and combatant com-
mand requirements. 
Sec. 1034. Report on lift and prepositioned support requirements to support Na-
tional Military Strategy. 
Sec. 1035. Report on assessments of readiness to execute the National Military 
Strategy. 
Sec. 1036. Report on Rapid Assessment and Initial Detection teams. 
Sec. 1037. Report on unit readiness of units considered to be assets of Consequence 
Management Program Integration Office. 
Sec. 1038. Analysis of relationship between threats and budget submission for fis-
cal year 2001. 
Sec. 1039. Report on NATO Defense Capabilities Initiative. 
Sec. 1040. Report on motor vehicle violations by operators of official Army vehicles. 
Subtitle E—Information Security 
Sec. 1041. Identification in budget materials of amounts for declassification activi-
ties and limitation on expenditures for such activities. 
Sec. 1042. Notice to congressional committees of certain security and counterintel-
ligence failures within defense programs. 
Sec. 1043. Information Assurance Initiative. 
Sec. 1044. Nondisclosure of information on personnel of overseas, sensitive, or rou-
tinely deployable units. 
Sec. 1045. Nondisclosure of certain operational files of the National Imagery and 
Mapping Agency. 
Subtitle F—^Memorial Objects and Commemorations 
Sec. 1051. Moratorium on the return of veterans memorial objects to foreign na-
tions without specific authorization in law. 
Sec. 1052. Program to commemorate 50th anniversary of the Korean War. 
Sec. 1053. Commemoration of the victory of freedom in the Cold War. 
Subtitle G—Other Matters 
Sec. 1061. Defense Science Board task force on use of television and radio as a 
propaganda instrument in time of military conflict. 
Sec. 1062. Assessment of electromagnetic spectrum reallocation. 
Sec. 1063. Extension and reauthorization of Defense Production Act of 1950. 
Sec. 1064. Performance of threat and risk assessments. 
Sec. 1065. Chemical agents used for defensive training. 
Sec. 1066. Technical and clerical amendments. 
Sec. 1067. Amendments to reflect name change of Committee on National Security 
of the House of Representatives to Committee on Armed Services. 
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 
PERSONNEL 
Sec. 1101. Accelerated implementation of voluntary early retirement authority. 
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive employ-
ees. 
Sec. 1103. Restoration of leave of emergency essential employees serving in a com-
bat zone. 
Sec. 1104. Extension of certain temporary authorities to provide benefits for em-
ployees in connection with defense workforce reductions and restruc-
turing. 
Sec. 1105. Leave without loss of benefits for military reserve technicians on active 
duty in support of combat operations. 
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under section 
6323 of title 5, United States Code, may be used. 
Sec. 1107. Work schedules and premium pay of service academy faculty. 
Sec. 1108. Salary schedules and related benefits for faculty and staff of the Uni-
formed Services University of the Health Sciences. 
Sec. 1109. Exemption of defense laboratory employees from certain workforce man-
agement restrictions. 
69-194-01- 18:QL3Partl 
113 STAT. 522 
PUBLIC LAW 106-65—OCT. 5, 1999 
TITLE XII—MATTERS RELATING TO OTHER NATIONS 
Subtitle A—^Matters Relating to the People's Republic of China 
Sec. 1201. Limitation on military-to-military exchanges and contacts with Chinese 
People's Liberation Army. 
Sec. 1202. Annual report on military power of the People's Republic of China. 
Subtitle B—Matters Relating to the Balkans 
Sec. 1211. Department of Defense report on the conduct of Operation Allied Force 
and associated relief operations. 
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution of war 
crimes, genocide, and crimes against humanity in the former Republic 
of Yugoslavia. 
Subtitle C—Matters Relating to NATO and Other Allies 
Sec. 1221. Legal effect of the new Strategic Concept of NATO. 
Sec. 1222. Report on allied capabilities to contribute to major theater wars. 
Sec. 1223. Attendance at professional military education schools by military per-
sonnel of the new member nations of NATO. 
Subtitle D—Other Matters 
Sec. 1231. Multinational economic embargoes against governments in armed con-
flict with the United States. 
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during fiscal year 
2000 and congressional notice of deployments to Hadti. 
Sec. 1233. Report on the security situation on the Korean peninsula. 
Sec. 1234. Sense of Congress regarding the continuation of sanctions against Libya. 
Sec. 1235. Sense of Congress and report on disengaging from noncritical overseas 
missions involving United States combat forces. 
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH 
STATES OF THE FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Prohibition on use of funds for specified purposes. 
Sec. 1304. Limitations on use of funds for fissile material storage facility. 
Sec. 1305. Limitation on use of funds for chemical weapons destruction. 
Sec. 1306. Limitation on use of funds until submission of report. 
Sec. 1307. Limitation on use of funds until submission of multiyear plan. 
Sec. 1308. Requirement to submit report. 
Sec. 1309. Report on Expanded Threat Reduction Initiative. 
Sec. 1310. Limitation on use of funds until submission of certification. 
Sec. 1311. Period covered by annual report on accounting for United States assist-
ance under Cooperative Threat Reduction programs. 
Sec. 1312. Russian nonstrategic nuclear arms. 
TITLE XTV—PROLIFERATION AND EXPORT CONTROLS 
Sec. 1401. Adherence of People's Republic of China to Missile Technology Control 
Regime. 
Sec. 1402. Annual report on transfers of militarily sensitive technology to countries 
and entities of concern. 
Sec. 1403. Resources for export license functions. 
Sec. 1404. Security in connection with satellite export licensing. 
Sec. 1405. Reporting of technology transmitted to People's Republic of China and 
of foreign launch security violations. 
Sec. 1406. Report on national security implications of exporting high-performance 
computers to the People's Republic of China. 
Sec. 1407. End-use verification for use by People's Republic of China of high-per-
formance computers. 
Sec. 1408. Enhanced multilateral export controls. 
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency. 
Sec. 1410. Timely notification of licensing decisions by the Department of State. 
Sec. 1411. Enhanced intelligence consultation on satellite license applications. 
Sec. 1412. Investigations of violations of export controls by United States satellite 
manufacturers. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 523 
TITLE XV—ARMS CONTROL AND 
COUNTERPROLIFERATION MATTERS 
Sec. 1501. Revision to limitation on retirement or dismantlement of strategic nu-
clear delivery systems. 
Sec. 1502. Sense of Congress on strategic arms reductions. 
Sec. 1503. Report on strategic stability under START III. 
Sec. 1504. Counterproliferation Program Review Committee. 
Sec. 1505. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 
TITLE XVI—NATIONAL SECURITY SPACE MATTERS 
Subtitle A—Space Technology Guide; Reports 
Sec. 1601. Space technology guide. 
Sec. 1602. Report on vulnerabilities of United States space assets. 
Sec. 1603. Report on space launch failures. 
Sec. 1604. Report on Air Force space launch facilities. 
Subtitle B—Commercial Space Launch Services 
Sec. 1611. Sense of Congress regarding United States-Russian cooperation in com-
mercial space launch services. 
Sec. 1612. Sense of Congress concerning United States commercial space launch ca-
pacity. 
Subtitle C—Commission To Assess United States National Security Space 
Management and Organization 
Sec. 1621. Establishment of commission. 
Sec. 1622. Duties of commission. 
Sec. 1623. Report. 
Sec. 1624. Assessment by the Secretary of Defense. 
Sec. 1625. Powers. 
Sec. 1626. Commission procedures. 
Sec. 1627. Personnel matters. 
Sec. 1628. Miscellaneous administrative provisions. 
Sec. 1629. Funding. 
Sec. 1630. Termination of the commission. 
TITLE XVII—TROOPS-TO-TEACHERS PROGRAM 
Sec. 1701. Short title; definitions. 
Sec. 1702. Authorization of Troops-to-Teachers Program. 
Sec. 1703. Eligible members of the Armed Forces. 
Sec. 1704. Selection of participants. 
Sec. 1705. Stipend and bonus for participants. 
Sec. 1706. Participation by States. 
Sec. 1707. Termination of original program; transfer of functions. 
Sec. 1708. Reporting requirements. 
Sec. 1709. Funds for fiscal year 2000. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
Sec. 2001. Short title. 
: • Z" -. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
113 STAT. 524 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out fiscal year 1997 project. 
Sec. 2206. Authorization to accept electrical substation improvements, Guam. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Improvements to military family housing units. 
Sec. 2403. Military housing improvement program. 
Sec. 2404. Energy conservation projects. 
Sec. 2405. Authorization of appropriations. Defense Agencies. 
Sec. 2406. Increase in fiscal year 1997 authorization for military construction 
projects at Pueblo Chemical Activity, Colorado. 
Sec. 2407. Condition on obligation of military construction funds for drug interdic-
tion and counter-drug activities. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land 
acquisition 
projects. 
Sec. 2602. Modification of authority to carry out fiscal year 1998 project. 
TITLE XXVII—EXPIRATION AND EXTENSION OF 
AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1997 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1996 projects. 
Sec. 2704. Effective date. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Exemption from notice and wait requirements of military construction 
projects supported by burdensharing funds undertaken for war or na-
tional emergency. 
Sec. 2802. Develojjment of Ford Island, Hawaii. 
Sec. 2803. Expansion of entities eligible to participate in alternative authority for 
acquisition and improvement of military housing. 
Sec. 2804. Restriction on authority to acquire or construct ancillary supporting fa-
cilities for housing units. 
Sec. 2805. Planning and design for military construction projects for reserve compo-
nents. 
Sec. 2806. Modification of limitations on reserve component facility projects for cer-
tain safety projects. 
Sec. 2807. Sense of Congress on use of incremental funding to carry out military 
construction projects. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Extension of authority for lease of real property for special operations 
activities. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 525 
Sec. 2812. Enhancement of authority relating to utiUty privatization. 
Sec. 2813. Acceptance of funds to cover administrative expenses relating to certain 
real property transactions. 
Sec. 2814. Operations of Naval Academy dairy farm. 
Sec. 2815. Study and report on impacts to military readiness of proposed land man-
agement changes on public lands in Utah. 
Sec. 2816. Designation of missile intelligence building at Redstone Arsenal, Ala-
bama, as the Richard C. Shelby Center for Missile Intelligence. 
Subtitle C—Defense Base Closure and Realignment 
Sec. 2821. Economic development conveyances of base closure property. 
Sec. 2822. Continuation of authority to use Department of Defense Base Closure 
Account 1990 for activities required to close or realign military instal-
lations. 
Subtitle D—^Land Conveyances 
PART I—ARMY CONVEYANCES 
Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas. 
Sec. 2832. Land exchange, Rock Island Arsenal, Illinois. 
Sec. 2833. Land conveyance. Army Reserve Center, Bangor, Maine. 
Sec. 2834. Land conveyance. Army Reserve Center, Kankakee, Illinois. 
Sec. 2835. Land conveyance. Army Reserve Center, Cannon Falls, Minnesota. 
Sec. 2836. Land conveyance. Army Maintenance Support Activity (Marine) Number 
84, Marcus Hook, Pennsylvania. 
Sec. 2837. Land conveyances. Army d.ocks and related property, Alaska. 
Sec. 2838. Land conveyance. Fort Huachuca, Arizona. 
Sec. 2839. Land conveyance, Nike Battery 80 family housing site. East Hanover 
Township, New Jersey. 
Sec. 2840. Land conveyances. Twin Cities Army Ammunition Plant, Minnesota. 
Sec. 2841. Repair and conveyance of Red Butte Dam and Reservoir, Salt Lake City, 
Utah. 
Sec. 2842. Modification of land conveyance, Joliet Army Ammunition Plant, Illinois. 
PART II—NAVY CONVEYANCES 
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No. 387, 
Dallas, Texas. 
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point, North Caro-
lina. 
Sec. 2853. Land conveyance, Newport, Rhode Island. 
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida. 
Sec. 2855. One-year delay in demolition of radio transmitting facility towers at 
Naval Station, Annapolis, Maryland, to facilitate conveyance of towers. 
Sec. 2856. Clarification of land exchange. Naval Reserve Readiness Center, Port-
land, Maine. 
Sec. 2857. Revision to lease authority. Naval Air Station, Meridian, Mississippi. 
Sec. 2858. Land conveyances, Norfolk, Virginia. 
PART III—AIR FORCE CONVEYANCES 
Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, New Hamp-
shire. 
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida. 
Sec. 2863. Land conveyance, Port of Anchorage, Alaska. 
Sec. 2864. Land conveyance, Forestport Test Annex, New York. 
Sec. 2865. Land conveyance, McClellan Nuclear Radiation Center, California. 
Subtitle E—Other Matters 
Sec. 2871. Acceptance of guarantees in connection with gifts to military service 
academies. 
Sec. 2872. Acquisition of State-held inholdings, east range of Fort Huachuca, Ari-
zona. 
Sec. 2873. Enhancement of Pentagon renovation activities. 
Subtitle F—^Expansion of Arlington National Cemetery 
Sec. 2881. Transfer from Navy Annex, Arlington, Virginia. 
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia. 
TITLE XXIX—COMMISSION ON NATIONAL MILITARY 
MUSEUM 
Sec. 2901. Establishment. 
Sec. 2902. Duties of Commission. 
113 STAT. 526 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 2903. Report. 
Sec. 2904. Powers. 
Sec. 2905. Commission procedures. 
Sec. 2906. Personnel matters. 
Sec. 2907. Miscellaneous administrative provisions. 
Sec. 2908. Funding. 
Sec. 2909. Termination of Commission. 
TITLE XXX—MILITARY LAND WITHDRAWALS 
Sec. 3001. Short title. 
Subtitle A—Withdrawals Generally 
Sec. 3011. Withdrawals. 
Sec. 3012. Maps and legal descriptions. 
Sec. 3013. Termination of withdrawals in Military Lands Withdrawal Act of 1986. 
Sec. 3014. Management of lands. 
Sec. 3015. Duration of withdrawal and reservation. 
Sec. 3016. Extension of initial withdrawal and reservation. 
Sec. 3017. Ongoing decontamination. 
Sec. 3018. Delegation. 
Sec. 3019. Water rights. 
Sec. 3020. Hunting, fishing, and trapping. 
Sec. 3021. Mining and mineral leasing. 
Sec. 3022. Use of mineral materials. 
Sec. 3023. Immunity of United States. 
Subtitle B—Withdrawals in Arizona 
Sec. 3031. Barry M. Goldwater Range, Arizona. 
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and Cabeza 
Prieta Wilderness. 
Sec. 3033. Maps and legal description. 
Sec. 3034. Water rights. 
Sec. 3035. Hunting, fishing, and trapping. 
Sec. 3036. Use of mineral materials. 
Sec. 3037. Immunity of United States. 
Subtitle C—^Authorization of Appropriations 
Sec. 3041. Authorization of appropriations. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SE-
CURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 
SECURITY PROGRAMS 
Subtitle A—^National Security Programs Authorizations 
Sec. 3101. Weapons activities. 
Sec. 3102. Defense environmental restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Defense environmental management privatization. 
Subtitle B—Recurring General Provisions 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for conceptual and construction design. 
Sec. 3126. Authority for emergency planning, design, and construction activities. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Sec. 3129. Transfers of defense environmental management funds. 
Subtitle C—Program Authorizations, Restrictions, and Limitations 
Sec. 3131. Prohibition on use of funds for certain activities under formerly utilized 
site remedial action program. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 527 
Sec. 3132. Continuation of processing, treatment, and disposition of legacy nuclear 
materials. 
Sec. 3133. Nuclear weapons stockpile life extension program. 
Sec. 3134. Procedures for meeting tritium production requirements. 
Sec. 3135. Independent cost estimate of accelerator production of tritium. 
Sec. 3136. Nonproliferation initiatives and activities. 
Sec. 3137. Support of theater ballistic missile defense activities of the Department 
of Defense. 
Subtitle D—Matters Relating to Safeguards, Security, and 
Counterintelligence 
Sec. 3141. Short title. 
Sec. 3142. Commission on Safeguards, Security, and Counterintelligence at Depart-
ment of Energy facilities. 
Sec. 3143. Background investigations of certain personnel at Department of Energy 
facilities. 
Sec. 3144. Conduct of security clearances. 
Sec. 3145. Protection of classified information during laboratory-to-laboratory ex-
changes. 
Sec. 3146. Restrictions on access to national laboratories by foreign visitors from 
sensitive countries. 
Sec. 3147. Department of Energy regulations relating to the safeguarding and secu-
rity of Restricted Data. 
Sec. 3148. Increased penalties for misuse of Restricted Data. 
Sec. 3149. Supplement to plan for declassification of Restricted Data and formerly 
Restricted Data. 
Sec. 3150. Notice to congressional committees of certain security and counterintel-
ligence failures within nuclear energy defense programs. 
Sec. 3151. Annual report by the President on espionage by the People's Republic 
of China. 
Sec. 3152. Report on counterintelligence and security practices at national labora-
tories. 
Sec. 3153. Report on security vulnerabilities of national laboratory computers. 
Sec. 3154. Counterintelligence polygraph program. 
Sec. 3155. Definitions of national laboratory and nuclear weapons production facil-
ity. 
Sec. 3156. Definition of Restricted Data. 
Subtitle E—^Matters Relating to Personnel 
Sec. 3161. Extension of authority of Department of Energy to pay voluntary separa-
tion incentive payments. 
Sec. 3162. Fellowship program for development of skills critical to the Department 
of Energy nuclear weapons complex. 
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of Defense 
and Department of Energy. 
Sec. 3164. Whistleblower protection program. 
Subtitle F—Other Matters 
Sec. 3171. Requirement for plan to improve reprogramming processes. 
Sec. 3172. Integrated fissile materials management plan. 
Sec. 3173. Identification in budget materials of amounts for declassification activi-
ties and limitation on expenditures for such activities. 
Sec. 3174. Sense of Congress regarding technology transfer coordination for Depart-
ment of Energy national laboratories. 
Sec. 3175. Pilot program for project management oversight regarding Department 
of Energy construction projects. 
Sec. 3176. Pilot program of Department of Energy to authorize use of prior year 
unobligated balances for accelerated site cleanup at Rocky Flats Envi-
ronmental Technology Site, Colorado. 
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats Environ-
mental Technology Site, Colorado, to Waste Isolation Pilot Plant, New 
Mexico. 
Sec. 3178. Comptroller (Jeneral report on closure of Rocky Flats Environmental 
Technology Site, Colorado. 
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New Mexico. 
TITLE XXXII—NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
Sec. 3201. Short title. 
113 STAT. 528 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 3202. Under Secretary for Nuclear Security of Department of Energy. 
Sec. 3203. Establishment of policy for National Nuclear Security Administration. 
Sec. 3204. Organization of Department of Energy counterintelligence and intel-
ligence programs and activities. 
Subtitle A—Establishment and Organization 
Sec. 3211. Establishment and mission. 
Sec. 3212. Administrator for Nuclear Security. 
Sec. 3213. Status of Administration and contractor personnel within Department of 
Energy. 
Sec. 3214. Deputy Administrator for Defense Programs. 
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation. 
Sec. 3216. Deputy Administrator for Naval Reactors. 
Sec. 3217. General Counsel. 
Sec. 3218. Staff of Administration. 
Subtitle B—Matters Relating to Security 
Sec. 3231. Protection of national security information. 
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of Defense Nu-
clear Security. 
Sec. 3233. Counterintelligence programs. 
Sec. 3234. Procedures relating to access by individuals to classified areas and infor-
mation of Administration. 
Sec. 3235. Grovernment access to information on Administration computers. 
Sec. 3236. Congressional oversight of special access programs. 
Subtitle C—Matters Relating to Personnel 
Sec. 3241. Authority to establish certain scientific, engineering, and technical posi-
tions. 
Sec. 3242. Voluntary early retirement authority. 
Sec. 3243. Severance pay. 
Sec. 3244. Continued coverage of health care benefits. 
Subtitle D—Budget and Financial Management 
Sec. 3251. Separate treatment in budget. 
Sec. 3252. Planning, programming, and budgeting process. 
Sec. 3253. Future-years nuclear security program. 
Subtitle E—^Miscellaneous Provisions 
Sec. 3261. Environmental protection, safety, and health requirements. 
Sec. 3262. Compliance with Federal Acquisition Regulation. 
Sec. 3263. Sharing of technology with Department of Defense. 
Sec. 3264. Use of capabilities of national security laboratories by entities outside 
the Administration. 
Subtitle F—Definitions 
Sec. 3281. Definitions. 
Subtitle G—^Amendatory Provisions, Transition Provisions, and Effective 
Dates 
Sec. 3291. Functions transferred. 
Sec. 3292. Transfer of funds and employees. 
Sec. 3293. Pay levels. 
Sec. 3294. Conforming amendments. 
Sec. 3295. Transition provisions. 
Sec. 3296. Applicability of preexisting laws and regulations. 
Sec. 3297. Report containing implementation plan of Secretary of Energy. 
Sec. 3298. Classification in United States Code. 
Sec. 3299. Effective dates. 
TITLE XXXIII—DEFENSE NUCLEAR FACILITIES SAFETY 
BOARD 
Sec. 3301. Authorization. 
TITLE XXXIV—NATIONAL DEFENSE STOCKPILE 
Sec. 3401. Authorized uses of stockpile funds. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 529 
Sec. 3402. Disposal of certain materials in National Defense Stockpile. 
Sec. 3403. Limitations on previous authority for disposal of stockpile materials. 
TITLE XXXV—PANAMA CANAL COMMISSION 
Sec. 3501. Short title. 
Sec. 3502. Authorization of expenditures. 
Sec. 3503. Purchase of vehicles. 
Sec. 3504. Office of Transition Administration. 
Sec. 3505. Expenditures only in accordance with treaties. 
TITLE XXXVI—MARITIME ADMINISTRATION 
Sec. 3601. Short title. 
Sec. 3602. Authorization of appropriations for fiscal year 2000. 
Sec. 3603. Extension of war risk insurance authority. 
Sec. 3604. Ownership of the JEREMIAH O'BRIEN. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 
For purposes of this Act, the term "congressional defense 
committees" means— 
(1) the Committee on Armed Services and the Committee 
on Appropriations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Appropriations of the House of Representatives. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—^Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. Reserve components. 
Sec. 106. Defense Inspector General. 
Sec. 107. Chemical demilitarization program. 
Sec. 108. Defense health programs. 
Subtitle B—^Army Programs 
Sec. 111. Multiyear procurement authority for certain Army programs. 
Sec. 112. Procurement requirements for the Family of Medium Tactical Vehicles. 
Sec. 113. Army aviation modernization. 
Sec. 114. Multiple Launch Rocket System. 
Sec. 115. Extension of pilot program on sales of manufactured articles and services 
of certain Army industrial facilities without regard to availability from 
domestic sources. 
Sec. 116. Extension of authority to carry out Armament Retooling and Manufac-
turing Support Initiative. 
Subtitle C—^Navy Progprams 
Sec. 121. F/A-18E/F Super Hornet aircraft program. 
Sec. 122. Arleigh Burke class destroyer program. 
Sec. 123. Repeal of requirement for annual report from shipbuilders under certain 
nuclear attack submarine programs. 
Sec. 124. LHD-8 amphibious assault ship program. 
Sec. 125. D-5 missile program. 
Subtitle D—^Air Force Programs 
Sec. 131. F-22 aircraft program. 
Sec. 132. Replacement options for conventional air-launched cruise missile. 
113 STAT. 530 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 133. Procurement of firefighting equipment for the Air National Guard and the 
Air Force Reserve. 
Sec. 134. F-16 tactical manned reconnaisance aircraft. 
Subtitle E—Chemical Stockpile Destruction Program 
Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions. 
Sec. 142. Comptroller General report on anticipated effects of proposed changes in 
operation of storage sites for lethal chemical agents and munitions. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 for procurement for the Army as follows: 
(1) For aircraft, $1,459,688,000. 
(2) For missiles, $1,258,298,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$1,571,665,000. 
(4) For ammunition, $1,215 216,000. 
(5) For other procurement, $3,662,921,000. 
SEC. 
1
0
2
. 
NAVY 
AND 
MARINE 
CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2000 for procurement for the Navy as follows: 
(1) For aircraft, $8,798,784,000. 
(2) For weapons, including 
missiles and torpedoes, 
$1,417,100,000. 
(3) For shipbuilding and conversion, $7,016,454,000. 
(4) For other procurement, $4,266,891,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2000 for procurement for the Marine Corps 
in the amount of $1,296,970,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2000 for procurement 
of ammunition for the Navy and the Marine Corps in the amount 
of $534,700,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 for procurement for the Air Force as follows: 
(1) For aircraft, $9,758,886,000. 
(2) For missiles, $2,395,608,000. 
(3) For ammunition, $467,537,000. 
(4) For other procurement, $7,158,527,000. 
SEC. 104. D E F E N S E - W I D E ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$2,345,168,000. 
SEC. 105. RESERVE COMPONENTS. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the Armed 
Forces as follows: 
(1) For the Army National Guard, $10,000,000. 
(2) For the Air National Guard, $10,000,000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 531 
(3) For the Army Reserve, $10,000,000. 
(4) For the Naval Reserve, $10,000,000. 
(5) For the Air Force Reserve, $10,000,000. 
(6) For the Marine Corps Reserve, $10,000,000. 
SEC. 106. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 for procurement for the Inspector General of the Department 
of Defense in the amount of $2,100,000. 
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM. 
There is hereby authorized to be appropriated for fiscal year 
2000 the amount of $1,024,000,000 for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 108. DEFENSE HEALTH PROGRAMS. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 for the Department of Defense for procurement for carrying 
out health care programs, projects, and activities of the Department 
of Defense in the total amount of $356,970,000. 
Subtitle B—^Army Programs 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN 
ARMY PROGRAMS. 
Beginning with the fiscal year 2000 program year, the Secretary 
of the Army may, in accordance with section 2306b of title 10, 
United States Code, enter into multiyear contracts for procurement 
of the following: 
(1) The Javelin missile system. 
(2) M2A3 Bradley fighting vehicles. 
(3) AH-64D Apache Longbow attack helicopters. 
(4) The M1A2 Abrams main battle tank upgrade program 
combined with the Heavy Assault Bridge program. 
SEC. 112. PROCUREMENT REQUIREMENTS FOR THE FAMILY OF 
MEDIUM TACTICAL VEHICLES. 
(a) REQUIREMENTS.—The Secretary of the A r m y -
CD shall use competitive procedures for the award of any 
contract for procurement of vehicles under the Family of 
Medium Tactical Vehicles program after completion of the 
multiyear procurement contract for procurement of vehicles 
under that program that was awarded on October 14, 1998; 
and 
(2) may not award a contract to establish a second-source 
contractor for procurement of the vehicles under the Family 
of Medium Tactical Vehicles program that are covered by the 
multiyear procurement contract for that program that was 
awarded on October 14, 1998. 
(b) REPEAL.—Section 112 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 1937) is repealed. 
113 STAT. 532 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 113. ARMY AVIATION MODERNIZATION. 
(a) HELICOPTER FORCE MODERNIZATION PLAN.—The Secretary 
of the Army shall submit to the congressional defense committees 
a comprehensive plan for the modernization of the Arm/s helicopter 
forces. 
(b) REQUIRED ELEMENTS.—The helicopter force modernization 
plan shall include provisions for the following: 
(1) For the AH-64D Apache Longbow program— 
(A) restoration of the original procurement objective 
of the program to the procurement of 747 aircraft and 
at least 227 fire control radars; 
(B) qualification and training of reserve component 
pilots 
as 
augmentation 
crews 
to 
ensure 
24-hour 
warfighting capability in deployed attack helicopter units; 
and 
(C) fielding of a sufficient number of aircraft in reserve 
component aviation units to implement the provisions of 
the plan required under subparagraph (B). 
(2) For AH-1 Cobra helicopters, retirement of all AH-
1 Cobra helicopters remaining in the fleet. 
(3) For the RAH-66 Comanche program— 
(A) review of the total requirements and acquisition 
objectives for the program; 
(B) fielding of Comanche helicopters to the planned 
aviation force structure; and 
(C) support for the plan for the AH-64D Apache pro-
gram required under paragraph (1). 
(4) For the UH-1 Huey helicopter program— 
(A) an upgrade program; 
(B) revision of total force requirements for that aircraft 
to reflect the warfighting and support requirements of the 
theater commanders-in-chief for aircraft used by the Army 
National Guard; and 
(C) a transition plan to a future utility helicopter. 
(5) For the UH-60 Blackhawk helicopter program— 
(A) identification of the objective requirements for that 
aircraft; 
(B) an acquisition strategy for meeting requirements 
that in the interim will be addressed by UH-1 Huey heli-
copters among the warfighting and support requirements 
of the theater commanders-in-chief for aircraft used by 
the Army National Guard; and 
(C) a modernization program for fielded aircraft. 
(6) For the CH-47 Chinook helicopter service life extension 
program, maintenance of the schedule and funding. 
(7) For the OH-58D Kiowa Warrior helicopters, an upgrade 
program. 
(8) A revised assessment of the Army's present and future 
requirements for helicopters and its present and future heli-
copter inventory, including the number of aircraft, average 
age of aircraft, availability of spare parts, flight hour costs, 
roles and functions assigned to the fleet as a whole and to 
each t3^e of aircraft, and the mix of active component and 
reserve component aircraft in the fleet. 
(c) LIMITATION.—Not more than 90 percent of the amount 
appropriated pursuant to the authorization of appropriations in 
section 101(1) may be obligated before the date that is 30 days 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 533 
after the date on which the Secretary of the Army submits the 
plan required by subsection (a) to the congressional defense commit-
tees. 
SEC. 114. MULTIPLE LAUNCH ROCKET SYSTEM. 
The Secretary of the Army may make available, from funds 
appropriated pursuant to the authorization of appropriations in 
section 101(2), an amount not to exceed $500,000 to complete the 
development of reuse and demilitarization tools and technologies 
for use in the demilitarization of Army Multiple Launch Rocket 
System rockets. 
SEC. 115. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFAC-
TURED ARTICLES AND SERVICES OF CERTAIN ARMY 
INDUSTRIAL FACILITIES WITHOUT REGARD TO AVAIL-
ABILITY FROM DOMESTIC SOURCES. 
(a) EXTENSION OF PROGRAM.—Section 141 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 10 U.S.C. 4543 note) is amended— 
(1) in subsection (a), by striking "During fiscal years 1998 
and 1999" and inserting "During fiscal years 1998 through 
2001"; and 
(2) in subsection (b), by striking "during fiscal year 1998 
or 1999" and inserting "during the period during which the 
pilot program is being conducted". 
(b) UPDATE OF INSPECTOR GENERAL REPORT.—Such section is 
further amended by adding at the end the following new subsection: 
"(d) UPDATE OF REPORT.—Not later than March 1, 2001, the 
Inspector General of the Department of Defense shall submit to 
Congress an update of the report required to be submitted under 
subsection (c) and an assessment of the success of the pilot pro-
gram.". 
SEC. 116. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT 
RETOOLING AND MANUFACTURING SUPPORT INITIATIVE. 
Section 193(a) of the Armament Retooling and Manufacturing 
Support Act of 1992 (subtitle H of title I of Pubhc Law 102-
484; 10 U.S.C. 2501 note) is amended by striking "During fiscal 
years 1993 through 1999" and inserting "During fiscal years 1993 
through 2001". 
Subtitle C—^Navy Programs 
Deadline. 
SEC. 121. F/A-18E/F SUPER HORNET AIRCRAFT PROGRAM. 
(a) MULTIYEAR PROCUREMENT AUTHORITY.—Subject to sub-
Section (b), the Secretary of the Navy may, in accordance with 
section 2306b of title 10, United States Code, enter into a multiyear 
procurement contract beginning with the fiscal year 2000 program 
year for procurement of F/A-18E/F aircraft. 
(b) LIMITATION.—The Secretary of the Navy may not enter 
into a multiyear procurement contract authorized by subsection 
(a), and may not authorize the F/A-18E/F aircraft program to 
enter into full-rate production, until— 
(1) the Secretary of Defense submits to the congressional 
defense committees a certification described in subsection (c); 
and 
Certification. 
113 STAT. 534 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) a period of 30 continuous days of a Congress (as deter-
mined under subsection (d)) elapses after the submission of 
that certification. 
(c) REQUIRED CERTIFICATION.—A certification referred to in sub-
section (b)(1) is a certification by the Secretary of Defense of each 
of the following: 
(1) That the results of the Operational Test and Evaluation 
program for the F/A-18E/F aircraft indicate— 
(A) that the aircraft; is operationally effective and oper-
ationally suitable; and 
(B) that the F/A-18E and the F/A-18F variants of 
that aircraft both meet their respective key performance 
parameters as established in the Operational Requirements 
Document (ORD) for the F/A-18E^ program, as validated 
and approved by the Chief of Naval Operations on April 
1, 1997 (other than for a permissible deviation of not more 
than 1 percent with respect to the range performance 
parameter). 
(2) That the cost of procurement of the F/A-18E/F aircraft 
using a multiyear procurement contract as authorized by sub-
section (a), assuming procurement of 222 aircraft, is at least 
7.4 percent less than the cost of procurement of the same 
number of aircraft through annual contracts. 
(d) CONTINUITY OF CONGRESS.—For purposes of subsection 
(b)(2)— 
(1) the continuity of a Congress is broken only by an 
adjournment of the Congress sine die at the end of the final 
session of the Congress; and 
(2) any day on which either House of Congress is not 
in session because of an adjournment of more than three days 
to a day certain, or because of an adjournment sine die at 
the end of the first session of a Congress, shall be excluded 
in the computation of such 30-day period. 
SEC. 122. ARLEI6H BURKE CLASS DESTROYER PROGRAM. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT OF 6 ADDITIONAL 
VESSELS.—(1) Subsection (b) of section 122 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2446) is amended in the first sentence— 
(A) by striking "12 Arleigh Burke class destroyers" and 
inserting "18 Arleigh Burke class destroyers"; and 
(B) by striking "and 2001" and inserting "2001, 2002, and 
2003". 
(2) The heading for such subsection is amended by striking 
"TWELVE" and inserting "18". 
(b) FISCAL YEAR 2001 
ADVANCE PROCUREMENT.—(1) Subject 
to paragraphs (2) and (3), the Secretary of the Navy is authorized, 
in fiscal year 2001, to enter into contracts for advance procurement 
for the Arleigh Burke class destroyers that are to be constructed 
under contracts entered into after fiscal year 2001 under section 
122(b) of Public Law 104-201, as amended by subsection (a)(1). 
(2) The authority to contract for advance procurement under 
paragraph (1) is subject to the availability of funds authorized 
and appropriated for fiscal year 2001 for that purpose in Acts 
enacted after September 30, 1999. 
(3) The aggregate amount of the contracts entered into under 
paragraph (1) may not exceed $371,000,000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 535 
(c) 
OTHER 
FUNDS FOR ADVANCE 
PROCUREMENT.—Notwith-
standing any other provision of this Act, of the funds authorized 
to be appropriated under section 102(a) for procurement programs, 
projects, and activities of the Navy, up to $190,000,000 may be 
made available, as the Secretary of the Navy may direct, for advance 
procurement for the Arleigh Burke class destroyer program. 
Authority to make transfers under this subsection is in addition 
to the transfer authority provided in section 1001. 
SEC. 1
2
3
. 
REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM 
SHIPBUILDERS 
UNDER CERTAIN 
NUCLEAR ATTACK 
SUB-
MARINE 
PROGRAMS. 
(a) REPEAL.—Paragraph (3) of section 121(g) of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2444) is repealed. 
(b) CONFORMING AMENDMENT.—Paragraph (5) of such section 
is amended by striking "reports referred to in paragraphs (3) eind 
(4)" and inserting "report referred to in paragraph (4)". 
SEC. 124. LHD-8 AMPHIBIOUS ASSAULT SHIP PROGRAM. 
(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is 
authorized to procure the amphibious assault ship to be designated 
LHD—8, subject to the availability of appropriations for that pur-
pose. 
(b) AMOUNT AUTHORIZED.—Of the amount authorized to be 
appropriated 
under 
section 
102(a)(3) 
for 
fiscal 
year 
2000, 
$375,000,000 is available for the advance procurement and advance 
construction of components for the LHD-8 amphibious assault ship 
program. The Secretary of the Navy may enter into a contract 
or contracts with the shipbuilder and other entities for the advance 
procurement and advance construction of those components. 
SEC. 125. D-5 MISSILE PROGRAM. 
(a) REPORT.—Not later than October 31, 1999, the Secretary Deadline, 
of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the D-
5 missile program. 
(b) REPORT ELEMENTS.—The report under subsection (a) shall 
include the following: 
(1) An inventory management plan for the D-5 missile 
program covering the projected life of the program, including— 
(A) the location of D-5 missiles during the fueling 
of submarines; 
(B) rotation of inventory; 
(C) expected attrition rate due to flight testing, loss, 
damage, or termination of service life; and 
(D) consideration of the results of the assessment 
required in paragraph (4). 
(2) The cost of terminating procurement of D-5 missiles 
for each fiscal year before the current plan. 
(3) An assessment of the capability of the Navy of meeting 
strategic requirements with a total procurement of less than 
425 D-5 missiles, including an assessment of the consequences 
of— 
(A) loading Trident submarines with fewer than 24 
D-5 missiles; and 
(B) reducing the flight test rate for D-5 missiles. 
113 STAT. 536 
PUBLIC LAW 106-65—OCT. 5, 1999 
(4) An assessment of the optimal commencement date for 
the development and deplo3anent of replacement capability for 
the current land-based and sea-based missile forces. 
(5) The Secretary's plan for maintaining D-5 missiles and 
Trident submarines under the START II Treaty and a proposed 
START III treaty, and whether requirements for those missiles 
and submarines would be reduced under such treaties. 
Subtitle D—^Air Force Programs 
Deadline. 
SEC. 131. F-22 AIRCRAFT PROGRAM. 
(a) CERTIFICATION REQUIRED BEFORE LRIP.—The Secretary of 
the Air Force may not award a contract for low-rate initial produc-
tion under the F-22 aircraft program until the Secretary of Defense 
submits to the congressional defense committees the Secretary's 
certification of each of the following: 
(1) That the test plan in the engineering and manufacturing 
development phase for that program is adequate for deter-
mining the operational effectiveness and suitability of the F -
22 aircraft. 
(2) That the engineering and manufacturing development 
phase, and the production phase, for that program can each 
be executed within the limitation on total cost applicable to 
that program under subsection (a) or (b), respectively, of section 
217 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1660). 
(b) LACK OF CERTIFICATION.—If the Secretary of Defense is 
unable to submit either or both of the certifications under subsection 
(a), the Secretary shall submit to the congressional defense commit-
tees a report which includes— 
(1) the reasons the certification or certifications could not 
be made; 
(2) a revised acquisition plan approved by the Secretary 
of Defense if the Secretary desires to proceed with low-rate 
initial production; and 
(3) a revised cost estimate for the remainder of the 
engineering and manufacturing development phase and for the 
production phase of the F-22 program if the Secretary desires 
to proceed with low-rate initial production. 
SEC. 132. REPLACEMENT 
OPTIONS 
FOR 
CONVENTIONAL 
AIR-
LAUNCHED CRUISE MISSILE. 
(a) REPORT.—The Secretary of the Air Force shall determine 
the requirements being met by the conventional air-launched cruise 
missile (CALCM) as of the date of the enactment of this Act and, 
not later than January 15, 2000, shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the replace-
ment options for that missile. 
(b) MATTERS TO BE INCLUDED.—In the report under subsection 
(a), the Secretary shall consider the options for continuing to meet 
the requirements determined by the Secretary under subsection 
(a) as the inventory of the conventional air-launched cruise missile 
is depleted. Options considered shall include the following: 
(1) Resumption of production of the conventional air-
launched cruise missile. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 537 
(2) Acquisition of a new type of weapon with lethality 
characteristics equivalent or superior to the lethality character-
istics of the conventional air-launched cruise missile. 
(3) Use of existing or planned munitions or such munitions 
with appropriate upgrades. 
SEC. 133. PROCUREMENT OF FIREFIGHTING EQUIPMENT FOR THE 
AIR NATIONAL GUARD AND THE AIR FORCE RESERVE. 
The Secretary of the Air Force may carry out a procurement 
program, in a total amount not to exceed $16,000,000, to modernize 
the airborne firefighting capability of the Air National Guard and 
Air Force Reserve by procurement of equipment for the modular 
airborne firefighting system. Amounts may be obligated for the 
program from funds appropriated for that purpose for fiscal year 
1999 and subsequent fiscal years. 
SEC. 134. F-16 TACTICAL MANNED RECONNAISANCE AIRCRAFT. 
The limitation contained in section 216(a) of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2454) shall not apply to the obligation or expenditure 
of amounts made available pursuant to this Act for a purpose 
stated in paragraphs (1) and (2) of that section. 
Subtitle E—Chemical Stockpile 
Destruction Program 
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEM- 
50 USC 1521 
ICAL AGENTS AND MUNITIONS. 
note. 
(a) PROGRAM ASSESSMENT.—(1) The Secretary of Defense shall 
conduct an assessment of the current program for destruction of 
the United States' stockpile of chemical agents and munitions, 
including the Assembled Chemical Weapons Assessment, for the 
purpose of reducing significantly the cost of such program and 
ensuring completion of such program in accordance with the obliga-
tions of the United States under the Chemical Weapons Convention 
while maintaining maximum protection of the general public, the 
personnel involved in the demilitarization program, and the environ-
ment. 
(2) Based on the results of the assessment conducted under 
paragraph (1), the Secretary may take those actions identified in 
the assessment that may be accomplished under existing law to 
achieve the purposes of such assessment and the chemical agents 
and munitions stockpile destruction program. 
(3) Not later than March 1, 2000, the Secretary shall submit Deadline, 
to Congress a report on— 
Reports. 
(A) those actions taken, or planned to be taken, under 
paragraph (2); and 
(B) any recommendations for additional legislation that 
may be required to achieve the purposes of the assessment 
conducted under paragraph (1) and of the chemical agents 
and munitions stockpile destruction program. 
(b) CHANGES AND CLARIFICATIONS REGARDING PROGRAM.—Sec-
tion 1412 of the Department of Defense Authorization Act, 1986 
(Public Law 99-145; 50 U.S.C. 1521) is amended— 
(1) in subsection (c)— 
113 STAT. 538 
PUBLIC LAW 106-65—OCT. 5, 1999 
(A) by striking paragraph (2) and inserting the fol-
lowing new paragraph: 
"(2) Facilities constructed to carry out this section shall, when 
no longer needed for the purposes for which they were constructed, 
be disposed of in accordance with applicable laws and regulations 
Eind mutual agreements between the Secretary of the Army and 
the Governor of the State in which the facility is located."; 
(B) by redesignating paragraphs (3) and (4) as para-
graphs (4) and (5), respectively; and 
(C) by inserting after paragraph (2) (as amended by 
subparagraph (A)) the following new paragraph: 
"(3)(A) Facilities constructed to carry out this section may not 
be used for a purpose other than the destruction of the stockpile 
of lethal chemical agents and munitions that exists on November 
8, 1985. 
"(B) The prohibition in subparagraph (A) shall not apply with 
respect to items designated by the Secretary of Defense as lethal 
chemical agents, munitions, or related materials after November 
8, 1985, if the State in which a destruction facility is located 
issues the appropriate permit or permits for the destruction of 
such items at the facility."; 
(2) in subsection (f)(2), by striking "(c)(4)" and inserting 
"(c)(5)"; and 
(3) in subsection (g)(2)(B), by striking "(c)(3)" and inserting 
"(c)(4)". 
Deadline. 
(c) COMPTROLLER GENERAL ASSESSMENT AND REPORT.—(1) N o t 
later than March 1, 2000, the Comptroller General of the United 
States shall review and assess the program for destruction of the 
United States stockpile of chemical agents and munitions and report 
the results of the assessment to the congressional defense commit-
tees. 
(2) The assessment conducted under paragraph (1) shall include 
a review of the program execution and financial management of 
each of the elements of the program, including— 
(A) the chemical stockpile disposal project; 
(B) the nonstockpile chemical materiel project; 
(C) the alternative technologies and approaches project; 
(D) the chemical stockpile emergency preparedness pro-
gram; and 
(E) the assembled chemical weapons assessment program. 
(d) DEFINITIONS.—^As used in this section: 
(1) The term "Assembled Chemical Weapons Assessment" 
means the pilot program carried out under section 8065 of 
the Department of Defense Appropriations Act, 1997 (section 
101(b) of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 
1521 note). 
(2) The term "Chemical Weapons Convention" means the 
Convention on the Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and on Their 
Destruction, ratified by the United States on April 25, 1997, 
and entered into force on April 29, 1997. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 539 
SEC. 142. COMPTROLLER 
GENERAL 
REPORT 
ON 
ANTICIPATED 
EFFECTS OF PROPOSED CHANGES IN OPERATION OF 
STORAGE SITES FOR LETHAL CHEMICAL AGENTS AND 
MUNITIONS. 
(a) REPORT REQUIRED.—Not later than March 31, 2000, the Deadline. 
Comptroller General shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the proposal in the latest quadrennial defense review to reduce 
the Federal civilian workforce involved in the operation of the 
eight storage sites for lethal chemical agents and munitions in 
the continental United States and to convert to contractor operation 
of the storage sites. The workforce reductions addressed in the 
report shall include those that are to be effectuated by fiscal year 
2002. 
(b) CONTENT OF REPORT.—The report shall include the fol-
lowing: 
(1) For each site, a description of the assigned chemical 
storage, chemical demilitarization, and industrial missions. 
(2) A description of the criteria and reporting systems 
applied to ensure that the storage sites £ind the workforce 
operating the storage sites have— 
(A) the capabilities necessary to respond effectively 
to emergencies involving chemical accidents; and 
(B) the industrial capabilities necessary to meet 
replenishment and surge requirements. 
(3) The risks associated with the proposed workforce reduc-
tions and contractor performance, particularly regarding chem-
ical accidents, incident response capabilities, community-wide 
emergency preparedness programs, and current or planned 
chemical demilitarization programs. 
(4) The effects of the proposed workforce reductions and 
contractor performance on the capability to satisfy permit 
requirements reg£irding environmental protection that are 
applicable to the performance of current and future chemical 
demilitarization and industrial missions. 
(5) The effects of the proposed workforce reductions and 
contractor performance on the capability to perform assigned 
industrial missions, particularly the materiel replenishment 
missions for chemical or biological defense or for chemical muni-
tions. 
(6) Recommendations for mitigating the risks Eind adverse 
effects identified in the report. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic and applied research. 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 211. Collaborative program to evaluate and demonstrate advanced tech-
nologies for advanced capability combat vehicles. 
Sec. 212. Sense of Congress regarding defense science and technology program. 
Sec. 213. Micro-satellite technology development program. 
Sec. 214. Space control technology. 
Sec. 215. Space maneuver vehicle program. 
113 STAT. 540 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 216. Manufacturing technology program. 
Sec. 217. Revision to limitations on high altitude endurance unmanned vehicle pro-
gram. 
Subtitle C—^Ballistic Missile Defense 
Sec. 231. Space Based Infrared System (SBIRS) low program. 
Sec. 232. Theater missile defense upper tier acquisition strategy. 
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense (TELAAD) 
system. 
Sec. 234. Space-based laser program. 
Sec. 235. Criteria for progression of airborne laser program. 
Sec. 236. Sense of Congress regarding ballistic missile defense technology funding. 
Sec. 237. Report on national missile defense. 
Subtitle D—^Research and Development for Long-Term Military Capabilities 
Sec. 241. Quadrennial report on emerging operational concepts. 
Sec. 242. Technology area review and assessment. 
Sec. 243. Report by Under Secretary of Defense for Acquisition, Technology, and 
Logistics. 
Sec. 244. DARPA program for award of competitive prizes to encourage develop-
ment of advanced technologies. 
Sec. 245. Additional pilot program for revitalizing Department of Defense labora-
tories. 
Subtitle E—Other Matters 
Sec. 251. Development of Department of Defense laser master plan and execution 
of solid state laser program. 
Sec. 252. Report on Air Force distributed mission training. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $4,791,243,000. 
(2) For the Navy, $8,362,516,000. 
(3) For the Air Force, $13,630,073,000. 
(4) For Defense-wide activities, $9,482,705,000, of which— 
(A) $253,457,000 is authorized for the activities of the 
Director, Test and Evaluation; and 
(B) $24,434,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH. 
(a) FISCAL YEAR 2000.—Of the amounts authorized to be appro-
priated by section 201, $4,301,421,000 shall be available for basic 
research and applied research projects. 
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—For 
purposes of this section, the term "basic research and applied 
research" means work funded in program elements for defense 
research and development under Department of Defense category 
6.1 or 6.2. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 541 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. 
COLLABORATIVE PROGRAM TO EVALUATE AND DEM-
ONSTRATE ADVANCED TECHNOLOGIES FOR 
ADVANCED 
CAPABILITY 
COMBAT 
VEHICLES. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense 
shall establish and carry out a program to provide for the evaluation 
and competitive demonstration of concepts for advanced capability 
combat vehicles for the Army. 
(b) COVERED PROGRAM.—The program under subsection (a) Memorandums, 
shall be carried out collaboratively pursuant to a memorandum 
of agreement to be entered into between the Secretary of the Army 
and the Director of the Defense Advanced Research Projects Agency. 
The program shall include the following activities: 
(1) Consideration and evaluation of technologies having 
the potential to enable the development of advanced capability 
combat vehicles that are significantly superior to the existing 
Ml series of tanks in terms of capability for combat, survival, 
support, and deployment, including but not limited to the fol-
lowing technologies: 
(A) Weapon systems using electromagnetic power, 
directed energy, and kinetic energy. 
(B) Propulsion systems using hybrid electric drive. 
(C) Mobility systems using active and semi-active 
suspension and wheeled vehicle suspension. 
(D) Protection systems using signature management, 
lightweight materials, and full-spectrum active protection. 
(E) Advanced robotics, displays, man-machine inter-
faces, and embedded training. 
(F) Advanced sensory systems and advanced systems 
for combat identification, tactical navigation, communica-
tion, systems status monitoring, and reconnaissance. 
(G) Revolutionary methods of manufacturing combat 
vehicles. 
(2) Incorporation of the most promising such technologies 
into demonstration models. 
(3) Competitive testing and evaluation of such demonstra-
tion models. 
(4) Identification of the most promising such demonstration 
models within a period of time to enable preparation of a 
full development program capable of beginning by fiscal year 
2007. 
(c) REPORT.—Not later than January 31, 2000, the Secretary Deadline, 
of the Army and the Director of the Defense Advanced Research 
Projects Agency shall submit to the congressional defense commit-
tees a joint report on the implementation of the program under 
subsection (a). The report shall include the following: 
(1) A description of the memorandum of agreement referred 
to in subsection (b). 
(2) A schedule for the program. 
(3) An identification of the funding required for fiscal year 
2001 and for the future-years defense program to carry out 
the program. 
(4) A description and assessment of the acquisition strategy 
for combat vehicles planned by the Secretary of the Army 
113 STAT. 542 
PUBLIC LAW 106-65—OCT. 5, 1999 
that would sustain the existing force of Ml-series tanks, 
together with a complete identification of all operation, support, 
ownership, and other costs required to carry out such strategy 
through the year 2030. 
(5) A description and assessment of one or more acquisition 
strategies for combat vehicles, alternative to the strategy 
referred to in paragraph (4), that would develop a force of 
advanced capability combat vehicles significantly superior to 
the existing force of Ml-series tanks and, for each such alter-
native acquisition strategy, an estimate of the funding required 
to carry out such strategy. 
(d) FUNDS.—Of the amount authorized to be appropriated for 
Defense-wide activities by section 201(4) for the Defense Advanced 
Research Projects Agency, $56,200,000 shall be available only to 
carry out the program under subsection (a). 
10 u s e 2501 
SEC. 212. SENSE OF CONGRESS REGARDING DEFENSE SCIENCE AND 
note. 
TECHNOLOGY PROGRAM. 
(a) FAILURE TO COMPLY WITH FUNDING OBJECTIVE.—It is the 
sense of Congress that the Secretary of Defense has failed to comply 
with the funding objective for the Defense Science and Technology 
Program, especially the Air Force Science and Technology Program, 
as stated in section 214(a) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 1948), thus jeopardizing the stability of the defense technology 
base and increasing the risk of failure to maintain technological 
superiority in future weapon systems. 
(b) FUNDING OBJECTIVE.—It is further the sense of Congress 
that, for each of the fiscal years 2001 through 2009, it should 
be an objective of the Secretary of Defense to increase the budget 
for the Defense Science and Technology Program, including the 
science and technology program within each military department, 
for the fiscal year over the budget for that program for the preceding 
fiscal year by a percent that is at least two percent above the 
rate of inflation as determined by the Office of Management and 
Budget. 
(c) CERTIFICATION.—If the proposed budget for a fiscal year 
covered by subsection (b) fails to comply with the objective set 
forth in that subsection— 
(1) the Secretary of Defense shall submit to Congress— 
(A) the certification of the Secretary that the budget 
does not jeopardize the stability of the defense technology 
base or increase the risk of failure to maintain technological 
superiority in future weapon systems; or 
• 
(B) a statement of the Secretary explaining why the 
Secretary is unable to submit such certification; and 
Deadline. 
(2) the Defense Science Board shall, not more than 60 
Reports. 
days after the date on which the Secretary submits the certifi-
cation or statement under paragraph (1), submit to the Sec-
retary and Congress a report assessing the effect such failure 
to comply is likely to have on defense technology and the 
national defense. 
SEC. 2
1
3
. 
MICRO-SATELLITE 
TECHNOLOGY 
DEVELOPMENT 
PROGRAM. 
Of the funds authorized to be appropriated under section 201(3), 
$10,000,000 is available for continued implementation of the micro-
satellite technology program established pursuant to section 215 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 543 
of the National Defense Authorization Act for Fiscal Year 1998 
(Pubhc Law 105-85; 111 Stat. 1659). 
SEC. 214. SPACE CONTROL TECHNOLOGY. 
(a) FUNDS AVAILABLE FOR AIR FORCE EXECUTION.—Of the funds 
authorized to be appropriated under section 201(3), $14,822,000 
shall be available for space control technology development pursu-
ant to the Department of Defense Space Control Technology Plsm 
of 1999. 
(b) FUNDS AVAILABLE FOR ARMY EXECUTION.—Of the funds 
authorized to be appropriated under section 201(1), $10,000,000 
shall be available for space control technology development. Of 
the funds made available pursuant to the preceding sentence, the 
commander of the United States Army Space and Missile Defense 
Command may use such amounts as are necessary for any or 
all of the following activities: 
(1) Continued development of the kinetic energy anti-sat-
ellite technology program. 
(2) Technology development associated with the kinetic 
energy anti-satellite kill vehicle to temporarily disrupt satellite 
functions. 
(3) Cooperative technology development with the Air Force, 
pursuant to the Department of Defense Space Control Tech-
nology Plan of 1999. 
SEC. 215. SPACE MANEUVER VEHICLE PROGRAM. 
(a) FUNDING.—Of the funds authorized to be appropriated under 
section 201(3), $25,000,000 is available for the Space Maneuver 
Vehicle program. 
(b) 
ACQUISITION 
OF SECOND 
FLIGHT 
TEST 
ARTICLE.—The 
amount available for the space maneuver vehicle program under 
subsection (a) shall be used for development and acquisition of 
an Air Force X-40 flight test article to support the joint Air Force 
and National Aeronautics and Space Administration X-37 program 
and to meet unique needs of the Air Force Space Maneuver Vehicle 
program. 
SEC. 216. MANUFACTURING TECHNOLOGY PROGRAM. 
(a) OVERALL PURPOSE OP PROGRAM.—Subsection (a) of section 
2525 of title 10, United States Code, is amended by inserting 
after "title" in the first sentence the following: "through the develop-
ment and application of advanced manufacturing technologies and 
processes that will reduce the acquisition and supportability costs 
of defense weapon systems and reduce manufacturing and repair 
cycle times across the life cycles of such systems". 
(b) 
SUPPORT OF PROJECTS TO MEET 
ESSENTIAL 
DEFENSE 
REQUIREMENTS.—Subsection (b)(4) of such section is amended to 
read as follows: 
"(4) to focus Department of Defense support for the develop-
ment and application of advanced manufacturing technologies 
and processes for use to meet manufacturing requirements 
that are essential to the national defense, as well as for repair 
and remanufacturing in support of the operations of systems 
commands, depots, air logistics centers, and shipyards;". 
(c) EXECUTION.—Subsection (c) of such section is amended— 
(1) by redesignating paragraph (2) as paragraph (5); 
(2) by inserting after paragraph (1) the following new para-
graphs: 
113 STAT. 544 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(2) In the establishment and review of requirements for an 
advanced manufacturing technology or process, the Secretary shall 
ensure the participation of those prospective technology users that 
are expected to be the users of that technology or process. 
"(3) The Secretary shall ensure that each project under the 
program for the development of an advanced manufacturing tech-
nology or process includes an implementation plan for the transition 
of that technology or process to the prospective technology users 
that will be the users of that technology or process. 
"(4) In the periodic review of a project under the program, 
the Secretary shall ensure participation by those prospective tech-
nology users that are the expected users for the technology or 
process being developed under the project."; and 
(3) by adding after paragraph (5) (as redesignated by para-
graph (2)) the following new paragraph: 
"(6) In this subsection, the term 'prospective technology users' 
means the following officials and elements of the Department of 
Defense: 
"(A) Program and project managers for defense weapon 
systems. 
"(B) Systems commands. 
"(C) Depots. 
"(D) Air logistics centers. 
"(E) Shipyards.". 
(d) CONSIDERATION OF COST-SHARING PROPOSALS.—Subsection 
(d) of such section is amended— 
(1) by striking paragraphs (2) and (3); 
(2) by striking "(A)" after "(1)"; and 
(3) by striking "(B) For each" £ind all that follows through 
"competitive procedures." and inserting the following: "(2) 
Under the competitive procedures used, the factors to be consid-
ered in the evaluation of each proposed grant, contract, coopera-
tive agreement, or other transaction for a project under the 
program shall include the extent to which that proposed trans-
action provides for the proposed recipient to share in the cost 
of the project.". 
(e) REVISIONS TO FIVE-YEAR PLAN.—Subsection (e)(2) of such 
section is amended— 
(1) in subparagraph (A), by inserting ", including a descrip-
tion of all completed projects and status of implementation" 
before the period at the end; and 
(2) by adding at the end the following new subparagraph: 
"(C) Plans for the implementation of the advanced manufac-
turing technologies and processes being developed under the 
program.". 
SEC. 217. REVISION TO LIMITATIONS ON IHGH ALTITUDE ENDURANCE 
UNMANNED VEIHCLE PROGRAM. 
Section 216(b) of the National Defense Authorization Act for 
Fiscal Year 1998 (Pubhc Law 105-85; 111 Stat. 1660) is amended 
by striking "may not procure any" and inserting "may not procure 
more than two". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 545 
Subtitle C—Ballistic Missile Defense 
SEC. 231. SPACE BASED INFRARED SYSTEM (SBIRS) LOW PROGRAM. 
(a) PRIMARY MISSION OF SBIRS Low SYSTEM.—The primary 
mission of the system designated as of the date of the enactment 
of this Act as the Space Based Infrared System Low (hereinafter 
in this section referred to as the "SBIRS Low system") is balHstic 
missile defense. The Secretary of Defense shall carry out the acquisi-
tion program for that system consistent with that primary mission. 
(b) OVERSIGHT OF CERTAIN PROGRAM FUNCTIONS.—With respect 
to the SBIRS Low system, the Secretary of Defense shall require 
that the Secretary of the Air Force obtain the approval of the 
Director of the Ballistic Missile Defense Org£inization before the 
Secretary— 
(1) establishes any system level technical requirement or 
makes any change to any such requirement; 
(2) makes any change to the SBIRS Low baseline schedule; 
or 
(3) makes any change to the budget baseline identified 
in the fiscal year 2000 future-years defense program. 
(c) PRIORITY FOR ANCILLARY MISSIONS.—The Secretary of 
Defense shall ensure that the Director of the Ballistic Missile 
Defense Organization, in executing the authorities specified in sub-
section (b), engages in appropriate coordination with the Secretary 
of the Air Force £ind elements of the intelligence community to 
ensure that ancillary SBIRS Low missions (that is, missions other 
than the primary mission of ballistic missile defense) receive proper 
priority to the extent that those ancillary missions do not increase 
technical or schedule risk. 
(d) MANAGEMENT AND FUNDING BUDGET ACTIVITY.—The Sec-
retary of Defense shall transfer the management and budgeting 
of funds for the SBIRS Low system fi-om the Tactical Intelligence 
and Related Activities (TIARA) budget aggregation to a nonintel-
ligence budget activity of the Air Force. 
(e) DEADLINE FOR DEFINITION OF SYSTEM REQUIREMENTS.— 
The system level technical requirements for the SBIRS Low system 
shall be defined not later than July 1, 2000. 
(f) DEFINITIONS.—For purposes of this section: 
(1) The term "system level technical requirements" means 
those technical requirements and those functional requirements 
of a system, expressed in terms of technical performance and 
mission requirements, including test provisions, that determine 
the direction and progress of the systems engineering effort 
and the degree of convergence upon a balanced and complete 
configuration. 
(2) The term "SBIRS Low baseline schedule" means a pro-
gram schedule that includes— 
(A) a Milestone II decision on entry into engineering 
and manufacturing development to be made during fiscal 
year 2002; 
(B) a critical design review to be conducted during 
fiscal year 2003; and 
(C) a first launch of a SBIRS Low satellite to be made 
during fiscal year 2006. 
113 STAT. 546 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
Reports. 
Deadline. 
SEC. 232. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION 
STRATEGY. 
(a) REVISED UPPER TIER STRATEGY.—The Secretary of Defense 
shall establish an acquisition strategy for the two upper tier missile 
defense systems that— 
(1) retains funding for both of the upper tier systems in 
separate, independently managed program elements throughout 
the future-years defense program; 
(2) bases funding decisions and program schedules for each 
upper tier system on the performance of each system inde-
pendent of the performance of the other system; £ind 
(3) provides for accelerating the deployment of both of 
the upper tier systems to the maximum extent practicable. 
(b) UPPER TIER SYSTEMS DEFINED.—For purposes of this sec-
tion, the upper tier missile defense systems are the following: 
(1) The Navy Theater Wide system. 
(2) The Theater High-Altitude Area Defense (THAAD) 
system. 
SEC. 233. ACQUISITION STRATEGY FOR THEATER HIGH-ALTITUDE 
AREA DEFENSE (THAAD) SYSTEM. 
(a) INDEPENDENT REVIEW OF SYSTEM.—Subsection (a) of section 
236 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1953) is 
amended to read as follows: 
"(a) 
CONTINUED 
INDEPENDENT 
REVIEW.—The Secretary of 
Defense shall take appropriate steps to assure continued inde-
pendent review, as the Secretary determines is needed, of the 
Theater High-Altitude Area Defense (THAAD) program.". 
(b) COORDINATION OF DEVELOPMENT OF SYSTEM ELEMENTS.— 
Subsection (c) of such section is amended by striking "may" and 
inserting "shall". 
(c) REVISION TO LIMITATION ON ENTERING MANUFACTURING AND 
DEVELOPMENT PHASE FOR INTERCEPTOR MISSILE.—Subsection (e) 
of such section is amended— 
(1) by redesignating paragraph (2) as paragraph (4); and 
(2) by inserting after paragraph (1) the following new para-
graphs: 
"(2) If the Secretary determines, after a second successful test 
of the interceptor missile of the THAAD system, that the THAAD 
program has achieved a sufficient level of technical maturity, the 
Secretary may waive the limitation specified in paragraph (1). 
"(3) If the Secretary grants a waiver under paragraph (2), 
the Secretary shall, not later than 60 days after the date of the 
issuance of the waiver, submit to the congressional defense commit-
tees a report describing the technical rationale for that action.". 
SEC. 234. S P A C E - B A S E D LASER PROGRAM. 
(a) STRUCTURE OF PROGRAM.—The Secretary of Defense shall 
structure the space-based laser program to include— 
(1) an integrated flight experiment; and 
(2) an ongoing analysis and technology effort to support 
the development of an objective system design. 
(b) INTEGRATED FLIGHT EXPERIMENT PROGRAM BASELINE.—Not 
later than March 15, 2000, the Secretary of Defense, in consultation 
with the joint venture contractors for the space-based laser program, 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 547 
shall establish a program baseline for the integrated flight experi-
ment referred to in subsection (a)(1). 
(c) STRUCTURE OF INTEGRATED FLIGHT EXPERIMENT PROGRAM 
BASELINE.—The program baseline established under subsection (b) 
shall be structured to— 
(1) demonstrate at the earliest date consistent with the 
requirements of this section the fundamental end-to-end capa-
bility to acquire, track, and destroy a boosting ballistic missile 
with a lethal laser from space; and 
(2) establish a balance between the use of mature tech-
nology and more advanced technology so that the integrated 
flight experiment, while providing significant information that 
can be used in planning and implementing follow-on phases 
of the space-based laser program, will be launched as soon 
as practicable. 
(d) FUNDS AVAILABLE FOR INTEGRATED FLIGHT EXPERIMENT,— 
Amounts shall be available for the integrated flight experiment 
as follows: 
(1) From amounts available pursuant to section 201(3), 
$73,840,000. 
(2) From amounts available pursuant to section 201(4), 
$75,000,000. 
(e) 
LIMITATION ON OBLIGATION OF FUNDS FOR INTEGRATED 
FLIGHT EXPERIMENT.—No funds made available in subsection (d) 
for the integrated flight experiment may be obligated until the 
Secretary of the Air Force— 
(1) develops a specific spending plan for such amounts; 
and 
(2) provides such plan to the congressional defense commit-
tees. 
(f) OBJECTIVE SYSTEM DESIGN.—TO support the development 
of an objective system design for a space-based laser system suited 
to the operational and technological environment that will exist 
when such a system can be deployed, the Secretary of Defense 
shall establish an analysis and technology effort that complements 
the integrated flight experiment. That effort shall include the fol-
lowing: 
(1) Research and development on advanced technologies 
that will not be demonstrated on the integrated flight experi-
ment but may be necessary for an objective system. 
(2) Architecture studies to assess alternative constellation 
and system performance characteristics. 
(3) Planning for the development of a space-based laser 
prototype that— 
(A) uses the lessons learned from the integrated flight 
experiment; and 
(B) is supported by the ongoing research and develop-
ment under paragraph (1), the architecture studies under 
paragraph (2), and other relevant advanced technology 
research and development. 
(g) FUNDS AVAILABLE FOR OBJECTIVE SYSTEM DESIGN DURING 
FISCAL YEAR 2000.—During fiscal year 2000, the Secretary of the 
Air Force may use amounts made available for the integrated 
flight experiment under subsection (d) for the purpose of supporting 
the effort specified in subsection (f) if the Secretary of the Air 
Force first— 
113 STAT. 548 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) determines that such amounts are needed for that pur-
pose; 
(2) develops a specific spending plan for such amounts; 
and 
(3) consults with the congressional defense committees 
regarding such plan. 
Deadline. 
(h) ANNUAL REPORT.—For each year in the three-year period 
beginning with the year 2000, the Secretary of Defense shall, not 
later than March 15 of that year, submit to the congressional 
defense committees a report on the space-based laser program. 
Each such report shall include the following: 
(1) The program baseline for the integrated flight experi-
ment. 
(2) Any changes in that program baseline. 
(3) A description of the activities of the space-based laser 
program in the preceding year. 
(4) A description of the activities of the space-based laser 
program planned for the next fiscal year. 
(5) The funding planned for the space-based laser program 
throughout the future-years defense program. 
SEC. 235. CRITERIA FOR PROGRESSION OF AIRBORNE LASER PRO-
GRAM. 
(a) MODIFICATION OF P D R R AIRCRAFT.—No modification of the 
PDRR aircraft may commence until the Secretary of the Air Force 
certifies to Congress that the commencement of such modification 
is justified on the basis of existing test data and analyses involving 
the following activities: 
(1) The North Oscura Peak test program. 
(2) Scintillometry data collection and analysis. 
(3) The lethality/vulnerability program. 
(4) The countermeasures test and analysis effort. 
(5) Reduction and analysis of atmospheric data for fiscal 
years 1997 and 1998. 
(b) ACQUISITION OF E M D AIRCRAFT AND FLIGHT TEST OF PDRR 
AIRCRAFT.—In carrying out the Airborne Laser program, the Sec-
retary of Defense shall ensure that the Authority-to-Proceed-2 deci-
sion is not made until the Secretary of Defense— 
(1) ensures that the Secretary of the Air Force has devel-
oped an appropriate plan for resolving the technical challenges 
identified in the Airborne Laser Program Assessment; 
(2) approves that plan; and 
(3) submits that plan to the congressional defense commit-
tees. 
(c) ENTRY INTO E M D PHASE.—^The Secretary of Defense shall 
ensure that the Milestone II decision is not made until— 
(1) the PDRR aircraft undergoes a robust series of flight 
tests that validates the technical maturity of the Airborne 
Laser program and provides suflScient information regarding 
the performance of the Airborne Laser system; and 
(2) sufficient technical information is available to determine 
whether adequate progress is being made in the ongoing effort 
to address the operational issues identified in the Airborne 
Laser Program Assessment. 
(d) MODIFICATION OF EMD AIRCRAFT.—The Secretary of the 
Air Force may not commence any modification of the EMD aircraft 
until the Milestone II decision is made. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 549 
(e) DEFINITIONS.—In this section: 
(1) The term "PDRR aircraft" means the aircraft relating 
to the program definition and risk reduction phase of the Air-
borne Laser program. 
(2) The term "EMD aircraft" means the aircraft relating 
to the engineering and manufacturing development phase of 
the Airborne Laser program. 
(3) The term "Authority-to-Proceed-2 decision" means the 
decision allowing acquisition of the EMD aircraft and flight 
testing of the PDRR aircraft. 
(4) The term "Milestone II decision" means the decision 
allowing the entry of the Airborne Laser program into the 
engineering and manufacturing development phase. 
(5) The term "Airborne Laser Program Assessment" means 
the report titled "Assessment of Technical and Operational 
Aspects of the Airborne Laser Program", submitted to Congress 
by the Secretary of Defense on March 9, 1999. 
SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE 
DEFENSE TECHNOLOGY FUNDING. 
It is the sense of Congress that— 
(1) because technology development provides the basis for 
future weapon systems, it is important to maintain a healthy 
balance between funding for the development of technology 
for ballistic missile defense systems and funding for the acquisi-
tion of ballistic missile defense systems; 
(2) funding planned within the future-years defense pro-
gram of the Department of Defense should be sufficient to 
support the development of technology for future and follow-
on ballistic missile defense systems while simultaneously sup-
porting the acquisition of ballistic missile defense systems; and 
(3) the Secretary of Defense should seek to ensure that 
funding in the future-years defense program is adequate both 
for the development of technology for advanced ballistic missile 
defense systems and for the major existing programs for the 
acquisition of ballistic missile defense systems. 
SEC. 237. REPORT ON NATIONAL MISSILE DEFENSE. 
Not later than March 15, 2000, the Secretary of Defense shall 
submit to Congress the Secretary's assessment of the advantages 
or disadvantages of a two-site deplo5anent of a ground-based 
National Missile Defense system, with special reference to consider-
ations of the world-wide ballistic missile threat, defensive coverage, 
redundancy and survivability, and economies of scale. 
Subtitle D—Research and Development for 
Long-Term Military Capabilities 
Deadline. 
SEC. 241. QUADRENNIAL REPORT ON EMERGING OPERATIONAL CON-
CEPTS. 
(a) IN GENERAL.—(1) Chapter 23 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 486. Quadrennial report on emerging operational concepts 
"(a) QUADRENNIAL REPORT REQUIRED.—Not later than March 
1 of each year evenly divisible by four, the Secretary of Defense 
Deadline. 
113 STAT. 550 
PUBLIC LAW 106-65—OCT. 5, 1999 
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 emerging operational concepts. Each such report 
shall be prepared by the Secretary in consultation with the Chair-
man of the Joint Chiefs of Staff. 
"(b) CONTENT OF REPORT RELATING TO DOD PROCESSES.—Each 
such report shall contain a description, for the four years preceding 
the year in which the report is submitted, of the following: 
"(1) The process undertaken in the Department of Defense, 
and in each of the Army, Navy, Air Force, and Marine Corps, 
to define and develop doctrine, operational concepts, organiza-
tional concepts, and acquisition strategies to address— 
"(A) the potential of emerging technologies for signifi-
cantly improving the operational effectiveness of the armed 
forces; 
"(B) changes in the international order that may neces-
sitate changes in the operational capabilities of the armed 
forces; 
"(C) emerging capabilities of potential adversary states; 
and 
"(D) changes in defense budget projections. 
"(2) The manner in which the processes described in para-
graph (1) are harmonized to ensure that there is a sufficient 
consideration of the development of joint doctrine, operational 
concepts, and acquisition strategies. 
"(3) The manner in which the processes described in para-
graph (1) are coordinated through the Joint Requirements Over-
sight Council and reflected in the planning, programming, and 
budgeting process of the Department of Defense. 
"(c) 
CONTENT OF REPORT RELATING TO IDENTIFICATION OF 
TECHNOLOGICAL OBJECTIVES FOR RESEARCH AND DEVELOPMENT.— 
Each report under this section shall set forth the military capabili-
ties that are necessary for meeting national security requirements 
over the next two to three decades, including— 
"(1) the most significant strategic and operational capabili-
ties (including both armed force-specific and joint capabilities) 
that are necessary for the armed forces to prevail against 
the most dangerous threats, including asymmetrical threats, 
that could be posed to the national security interests of the 
United States by potential adversaries from 20 to 30 years 
in the future; 
"(2) the key characteristics and capabilities of future mili-
tary systems (including both armed force-specific and joint sys-
tems) that will be needed to meet each such threat; and 
"(3) the most significant research and development chal-
lenges that must be met, and the technological breakthroughs 
that must be made, to develop and field such systems.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"486. Quadrennial report on emerging operational concepts.". 
(b) CONFORMING REPEAL.—Section 1042 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2642; 10 U.S.C. 113 note) is repealed. 
PUBLIC LAW 106-65—OCT, 5, 1999 
113 STAT. 551 
SEC. 242. TECHNOLOGY AREA REVIEW AND ASSESSMENT. 
Section 270(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (PubHc Law 104-201; 110 Stat. 2469; 10 U.S.C. 
2501 note) is amended to read as follows: 
"(b) TECHNOLOGY AREA REVIEW AND ASSESSMENT.—With 
the 
submission of the plan under subsection (a) each year, the Secretary 
shall also submit to the committees referred to in that subsection 
a summary of each technology area review and assessment con-
ducted by the Department of Defense in support of that plan.". 
SEC. 243. REPORT BY UNDER SECRETARY OF DEFENSE FOR ACQUISI- 
10 USC 2501 
TION, TECHNOLOGY, AND LOGISTICS. 
note. 
(a) REQUIREMENT.—The Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall submit to the congressional 
defense committees a report on the actions that are necessary 
to promote the research base and technological development that 
will be needed for ensuring that the Armed Forces have the military 
capabilities that are necessary for meeting national security require-
ments over the next two to three decades. 
(b) CONTENT.—The report shall include the actions that have 
been taken or are planned to be taken within the Department 
of Defense to ensure that— 
(1) the Department of Defense laboratories place £in appro-
priate emphasis on revolutionary changes in military operations 
and the new technologies that will be necessary to support 
those operations; 
(2) the Department helps sustain a high-quality national 
research base that includes organizations attuned to the needs 
of the Department, the fostering and creation of revolutionary 
technologies useful to the Department, and the capability to 
identify opportunities for new military capabilities in emerging 
scientific knowledge; 
(3) the Department can identify, provide appropriate 
funding for, and ensure the coordinated development of joint 
technologies that will serve the needs of more than one of 
the Armed Forces; 
(4) the Department can identify militarily relevant tech-
nologies that are developed in the private sector, rapidly incor-
porate those technologies into defense systems, and effectively 
utilize technology transfer processes; 
(5) the Department can effectively and efficiently manage 
the transition of new technologies fi-om the applied research 
and advanced technological development stage through the 
product development stage in a manner that ensures that max-
imum advantage is obtained from advances in technology; and 
(6) the Department's educational institutions for the officers 
of the uniformed services incorporate into their officer education 
and training programs, as appropriate, materials necessary 
to ensure that the officers have the familiarity with the proc-
esses, advances, and opportunities in technology development 
that is necessary for making decisions that ensure the superi-
ority of United States defense technology in the future. 
113 STAT. 552 
PUBLIC LAW 106-65—OCT. 5, 1999 
Termination 
date. 
10 u s e 2358 
note. 
SEC. 244. DARPA PROGRAM FOR AWARD OF COMPETITIVE PRIZES TO 
ENCOURAGE 
DEVELOPMENT 
OF 
ADVANCED 
TECH-
NOLOGIES. 
(a) AUTHORITY.—Chapter 139 of title 10, United States Code, 
is amended by inserting after section 2374 the following new section: 
"§ 2374a. Prizes for advanced technology achievements 
"(a) AUTHORITY.—^The Secretary of Defense, acting through the 
Director of the Defense Advanced Research Projects Agency, may 
carry out a program to award cash prizes in recognition of out-
standing achievements in basic, advanced, and applied research, 
technology development, and prototype development that have the 
potential for application to the performance of the military missions 
of the Department of Defense. 
"(b) COMPETITION REQUIREMENTS.—The program under sub-
section (a) shall use a competitive process for the selection of 
recipients of cash prizes. The process shall include the widely-
advertised solicitation of submissions of research results, technology 
developments, and prototjrpes. 
"(c) LIMITATIONS.—(1) The total amount made available for 
award of cash prizes in a fiscal year may not exceed $10,000,000. 
"(2) No prize competition may result in the award of more 
than $1,000,000 in cash prizes without the approval of the Under 
Secretary of Defense for Acquisition, Technology, and Logistics. 
"(d) RELATIONSHIP TO OTHER AUTHORITY.—The pro-am under 
subsection (a) may be carried out in conjunction with or in addition 
to the exercise of any other authority of the Director to acquire, 
support, or stimulate basic, advanced and applied research, tech-
nology development, or prototype projects. 
"(e) ANNUAL REPORT.—Promptly after the end of each fiscal 
year, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the administration of the program for that fiscal year. The 
report shall include the following: 
"(1) The military applications of the research, technology, 
or protot5rpes for which prizes were awarded. 
"(2) The total amount of the prizes awarded. 
"(3) The methods used for solicitation and evaluation of 
submissions, together with an assessment of the effectiveness 
of those methods. 
"(f) PERIOD OF AUTHORITY.—The authority to award prizes 
under subsection (a) shall terminate at the end of September 30, 
2003.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2374 the following new item: 
"2374a. Prizes for advanced technology achievements.". 
SEC. 245. ADDITIONAL PILOT PROGRAM FOR REVITALIZING DEPART-
MENT OF DEFENSE LABORATORIES. 
(a) AUTHORITY.—(1) The Secretary of Defense may carry out 
a pilot program to demonstrate improved efficiency in the perform-
ance of research, development, test, and evaluation functions of 
the Department of Defense. The pilot program under this section 
is in addition to, but may be carried out in conjunction with, 
the pilot program authorized by section 246 of the Strom Thurmond 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 553 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 1955; 10 U.S.C. 2358 note). 
(2) Under the pilot program, the Secretary of Defense shall 
provide the director of one science and technology laboratory, and 
the director of one test and evaluation laboratory, of each military 
department with authority for the following: 
(A) To ensure that the laboratories selected can attract 
a workforce appropriately balanced between permanent and 
temporary personnel and among workers with an appropriate 
level of skills and experience and that those laboratories can 
effectively compete in hiring to obtain the finest scientific 
talent. 
(B) To develop or expand innovative methods of operation 
that provide more defense research for each dollar of cost, 
including carrying out initiatives such as focusing on the 
performance of core functions and adopting more business-
like practices. 
(C) To waive any restrictions not required by law that 
apply to the demonstration and implementation of methods 
for achieving the objectives set forth in subparagraphs (A) 
and (B). 
(3) In selecting the laboratories for participation in the pilot 
program, the Secretary shall consider laboratories where innovative 
management techniques have been demonstrated, particularly as 
documented under sections 1115 through 1119 of title 31, United 
States Code, relating to Government agency performance and 
results. 
(4) The Secretary may carry out the pilot program at each 
selected laboratory for a period of three years beginning not later 
than March 1, 2000. 
(b) REPORTS.—(1) Not later than March 1, 2000, the Secretary Deadline, 
of Defense shall submit to Congress a report on the implementation 
of the pilot program. The report shall include the following: 
(A) Each laboratory selected for the pilot program. 
(B) To the extent possible, a description of the innovative 
concepts that are to be tested at each laboratory. 
(C) The criteria to be used for measuring the success of 
each concept to be tested. 
(2) Promptly after the expiration of the period for participation 
of a laboratory in the pilot program, the Secretary of Defense 
shall submit to Congress a final report on the participation of 
that laboratory in the pilot program. The report shall include the 
following: 
(A) A description of the concepts tested. 
(B) The results of the testing. 
(C) The lessons learned. 
(D) Any proposal for legislation that the Secretary rec-
ommends on the basis of the experience at that laboratory 
under the pilot program. 
69-194-01 - 19:QL3Part 1 
113 STAT. 554 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle E—Other Matters 
SEC. 251. DEVELOPMENT OF DEPARTMENT OF DEFENSE LASER 
MASTER PLAN AND EXECUTION OF SOLID STATE LASER 
PROGRAM. 
(a) MASTER PLAN REQUIRED.—The Secretary of Defense shall 
develop a unified plan of the Department of Defense to develop 
laser technology for potential weapons applications (in this section 
referred to as the "laser master plan"). In developing the plan, 
the Secretary shall consult with the Secretary of Energy and the 
Secretaries of the military departments. 
(b) CONTENTS OF LASER MASTER PLAN.—The laser master plan 
shall include the following: 
(1) Identification of potential weapons applications of chem-
ical, solid state, and other lasers. 
(2) Identification of critical technologies and manufacturing 
capabilities required to achieve such weapons applications. 
(3) A development path for those critical technologies and 
manufacturing capabilities. 
(4) Identification of the funding required in future fiscal 
years to carry out the laser master plan. 
(5) Identification of unfunded requirements in the laser 
master plan. 
(6) An appropriate management and oversight structure 
to carry out the laser master plan. 
Deadline. 
(c) REPORT.—Not later than March 15, 2000, the Secretary 
of Defense shall submit to the congressional defense committees 
a report containing the laser master plan. 
(d) RECOMMENDATIONS FOR EXECUTIVE AGENT FOR SOLID STATE 
LASER PROGRAMS.—Upon the completion of the laser master plan, 
the Secretary of Defense shall submit to the congressional defense 
committees the recommendations of the Secretary as to the 
establishment of an executive agent to coordinate, implement, and 
oversee the execution of the elements of the laser master plan 
that relate to solid state lasers. 
(e) DEVELOPMENT AND DEMONSTRATION OF SOLID STATE LASER 
TECHNOLOGY.—The Secretary of the Army shall— 
Deadline. 
(1) initiate, not later than November 1, 1999, or 30 days 
after the date of the enactment of this Act, whichever is later, 
a development program for solid state laser technologies; and 
(2) demonstrate solid state laser technology consistent with 
the objectives of the technical partnership between the United 
States Army Space and Missile Defense Command and the 
Lawrence Livermore National Laboratory, Livermore, Cali-
fornia, with a goal of achieving a solid state laser of 100 
kilowatt average power. 
if) FUNDING.—From amounts available pursuant to section 
201(1), $20,000,000 shall be available to carry out the activities 
specified in subsection (e). 
SEC. 252. REPORT ON AIR FORCE DISTRIBUTED MISSION TRAINING. 
Deadline. 
(a) REQUIREMENT.—The Secretary of the Air Force shall submit 
to Congress, not later than January 31, 2000, a report on the 
Air Force Distributed Mission Training program. 
(b) CONTENT OF REPORT.—The report shall include a discussion 
of the following: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 555 
(1) The progress that the Air Force has made to dem-
onstrate and prove the Air Force Distributed Mission Training 
concept of linking geographically separated, high-fidelity sim-
ulators to provide a mission rehearsal capability for Air Force 
units, and any units of any of the other Armed Forces as 
may be necessary, to train together from their home stations. 
(2) The actions that have been taken or are planned to 
be taken within the Department of the Air Force to ensure 
that— 
(A) an independent study of all requirements, tech-
nologies, and acquisition strategies essential to the formula-
tion of a sound Distributed Mission Training program is 
under way; and 
(B) all Air Force laboratories and other Air Force facili-
ties necessary to the research, development, testing, and 
evaluation of the Distributed Mission Training program 
have been assessed regarding the availability of the nec-
essary resources to demonstrate and prove the Air Force 
Distributed Mission Training concept. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—^Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Transfer from National Defense Stockpile Transaction Fund. 
Sec. 305. Transfer to Defense Working Capital Funds to support Defense Com-
missary Agency. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 311. Armed Forces Emergency Services. 
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne Division. 
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program. 
Sec. 314. Contributions for Spirit of Hope endowment fund of United Service Orga-
nizations, Incorporated. 
Subtitle C—Environmental Provisions 
Sec. 321. Extension of limitation on pajrment of fines and penalties using funds in 
environmental restoration accounts. 
Sec. 322. Modification of requirements for annual reports on environmental compli-
ance activities. 
Sec. 323. Defense environmental technology program and investment control proc-
ess for environmental technologies. 
Sec. 324. Modification of membership of Strategic Environmental Research and De-
velopment Program Council. 
Sec. 325. Extension of pilot program for sale of air pollution emission reduction in-
centives. 
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum Super-
fund Site, Fresno, California. 
Sec. 327. Payment of stipulated penalties assessed under CERCLA in connection 
with F.E. Warren Air Force Base, Wyoming. 
Sec. 328. Remediation of asbestos and lead-based paint. 
Sec. 329. Release of information to foreign countries regarding any environmental 
contamination at former United States military installations in those 
countries. 
Sec. 330. Toussaint River ordnance mitigation study. 
Subtitle D—^Depot-Level Activities 
Sec. 331. Sales of articles and services of defense industrial facilities to purchasers 
outside the Department of Defense. 
Sec. 332. Contracting authority for defense working capital funded industrial facili-
ties. 
113 STAT. 556 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 333. Annual reports on expenditures for performance of depot-level mainte-
nance and repair workloads by public and private sectors. 
Sec. 334. Applicability of competition requirement in contracting out workloads per-
formed by depot-level activities of Department of Defense. 
Sec. 335. Treatment of public sector winning bidders for contracts for performance 
of depot-level maintenance and repair workloads formerly performed at 
certain military installations. 
Sec. 336. Additional matters to be reported before prime vendor contract for depot-
level maintenance and repair is entered into. 
Subtitle E—^Performance of Functions by Private-Sector Sources 
Sec. 341. Reduced threshold for consideration of effect on local community of chang-
ing defense functions to private sector performance. 
Sec. 342. Congressional notification of A-76 cost comparison waivers. 
Sec. 343. Report on use of employees of non-Federal entities to provide services to 
Department of Defense. 
Sec. 344. Evaluation of Total System Performance Responsibility Program. 
Sec. 345. Sense of Congress regarding process for moaernization of army computer 
services. 
Subtitle F—^Defense Dependents Education 
Sec. 351. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 352. Unified school boards for all Department of Defense domestic dependent 
schools in the Commonwealth of Puerto Rico and Guam. 
Sec. 353. Continuation of enrollment at Department of Defense domestic dependent 
elementary and secondary schools. 
Sec. 354. Technical amendments to Defense Dependents' Education Act of 1978. 
Subtitle G—^Military Readiness Issues 
Sec. 361. Independent studv of military readiness reporting system. 
Sec. 362. Independent study of Department of Defense secondary inventory and 
parts shortages. 
Sec. 363. Report on inventory and control of military equipment. 
Sec. 364. Comptroller General study of adequacy of Department restructured 
sustainment and reengineered logistics product support practices. 
Sec. 365. Comptroller General review of real property maintenance and its effect on 
readiness. 
Sec. 366. Establishment of logistics standards for sustained military operations. 
Subtitle H—Information Technology Issues 
Sec. 371. Discretionary authority to install telecommunication equipment for per-
sons performing voluntary services. 
Sec. 372. Authority for disbursing officers to support use of automated teller ma-
chines on naval vessels for financial transactions. 
Sec. 373. Use of Smart Card technology in the Department of Defense. 
Sec. 374. Report on Defense use of Smart Card as PKI authentication device car-
rier. 
Subtitle I—Other Matters 
Sec. 381. Authority to lend or donate obsolete or condemned rifles for funeral and 
other ceremonies. 
Sec. 382. Extension of warranty claims recovery pilot program. 
Sec. 383. Preservation of historic buildings and grounds at United States Soldiers' 
and Airmen's Home, District of Columbia. 
Sec. 384. Clarification of land conveyance authority, United States Soldiers' and 
Airmen's Home. 
Sec. 385. Treatment of Alaska, Hawaii, and Guam in Defense household goods 
moving programs. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 
301. 
OPERATION 
AND 
MAINTENANCE 
FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 557 
(1) For the Army, $18,922,494,000. 
(2) For the Navy, $22,641,515,000. 
(3) For the Marine Corps, $2,724,529,000 . 
(4) For the Air Force, $20,961,458,000. 
(5) For Defense-wide activities, $11,496,633,000. 
(6) For the Army Reserve, $1,441,213,000. 
(7) For the Naval Reserve, $937,647,000. 
(8) For the Marine Corps Reserve, $135,766,000. 
(9) For the Air Force Reserve, $1,750,937,000. 
(10) For the Army National Guard, $3,113,684,000. 
(11) For the Air National Guard, $3,168,518,000. 
(12) For the Defense Inspector General, $138,744,000. 
(13) For the United States Court of Appeals for the Armed 
Forces, $7,621,000. 
(14) For Environmental Restoration, Army, $378,170,000. 
(15) For Environmental Restoration, Navy, $284,000,000. 
(16) 
For 
Environmental 
Restoration, 
Air 
Force, 
$376,800,000. 
(17) 
For 
Environmental 
Restoration, 
Defense-wide, 
$25,370,000. 
(18) For 
Environmental 
Restoration, 
Formerly 
Used 
Defense Sites, $239,214,000. 
(19) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $55,800,000. 
(20) For Drug Interdiction and Counter-drug Activities, 
Defense-wide, $803,500,000. 
(21) For the Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Trust Fund, $15,000,000. 
(22) For Defense Health Program, $10,482,687,000. 
(23) 
For 
Cooperative 
Threat 
Reduction 
programs, 
$475,500,000. 
(24) For Overseas Contingency Operations Transfer Fund, 
$1,879,600,000. 
(25) For quality of life enhancements, $1,845,370,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2000 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $90,344,000. 
(2) For the National Defense Sealift Fund, $434,700,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
2000 from the Armed Forces Retirement Home Trust Fund the 
sum of $68,295,000 for the operation of the Armed Forces Retire-
ment Home, including the United States Soldiers' and Airmen's 
Home and the Naval Home. 
SEC. 
304. 
TRANSFER FROM NATIONAL 
DEFENSE 
STOCKPILE 
TRANS-
ACTION 
FUND. 
(a) TRANSFER AUTHORITY.—To the extent provided in appropria-
tions Acts, not more than $150,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to 
operation and maintenance accounts for fiscal year 2000 in amounts 
as follows: 
(1) For the Army, $50,000,000. 
113 STAT. 558 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) For the Navy, $50,000,000. 
(3) For the Air Force, $50,000,000. 
(b) TREATMENT OF TRANSFERS.—Amounts transferred under 
this section— 
(1) shall be merged with, and be available for the same 
purposes and the same period as, the amounts in the accounts 
to which transferred; and 
(2) may not be expended for an item that has been denied 
authorization of appropriations by Congress. 
(c) 
RELATIONSHIP 
TO OTHER 
TRANSFER 
AUTHORITY.—The 
transfer authority provided in this section is in addition to the 
transfer authority provided in section 1001. 
SEC. 305. TRANSFER TO DEFENSE WORKING CAPITAL FUNDS TO SUP-
PORT DEFENSE COMMISSARY AGENCY. 
(a) ARMY OPERATION AND MAINTENANCE FUNDS.—The Secretary 
of the Army shall transfer $346,154,000 of the amount authorized 
to be appropriated by section 301(1) for operation and maintenance 
for the Army to the Defense Working Capital Funds for the purpose 
of funding operations of the Defense Commissary Agency. 
(b) NAVY OPERATION AND MAINTENANCE FUNDS.—^The Secretary 
of the Navy shall transfer $263,070,000 of the amount authorized 
to be appropriated by section 301(2) for operation and maintenance 
for the Navy to the Defense Working Capital Funds for the purpose 
of funding operations of the Defense Commissary Agency. 
(c) MARINE CORPS OPERATION AND MAINTENANCE FUNDS.—The 
Secretary of the Navy shall transfer $90,834,000 of the amount 
authorized to be appropriated by section 301(3) for operation and 
maintenance for the Marine Corps to the Defense Working Capital 
Fimds for the purpose of funding operations of the Defense Com-
missary Agency. 
(d) AIR FORCE OPERATION AND MAINTENANCE FUNDS.—The Sec-
retary of the Air Force shall transfer $309,061,000 of the amount 
authorized to be appropriated by section 301(4) for operation and 
maintenance for the Air Force to the Defense Working Capital 
Funds for the purpose of funding operations of the Defense Com-
missary Agency. 
(e) TREATMENT OF TRANSFERS.—^Amounts transferred under 
this section— 
(1) shall be merged with, and be available for the same 
purposes and the same period as, other amounts in the Defense 
Working Capital Funds available for the purpose of funding 
operations of the Defense Commissary Agency; and 
(2) may not be expended for an item that has been denied 
authorization of appropriations by Congress. 
if) 
RELATIONSHIP 
TO OTHER 
TRANSFER 
AUTHORITY.—The 
transfer requirements of this section are in addition to the transfer 
authority provided in section 1001. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 311. ARMED FORCES EMERGENCY SERVICES. 
Of the amount authorized to be appropriated by section 301(5) 
for 
operation 
and maintenance for Defense-wide 
activities, 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 559 
$23,000,000 shall be made available to the American Red Cross 
to fund the Armed Forces Emergency Services. 
SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS OF THE 
82ND AIRBORNE DIVISION. 
Of the amount authorized to be appropriated by section 301(1) 
for operation and maintensince for the Army, such funds as may 
be necessary, but not to exceed $5,500,000, shall be available to 
the Secretary of the Army for the purpose of replacing nonsecure 
tactical radios used by the 82nd Airborne Division with radios, 
such as models AN/PRC-138 and AN/PRC-148, identified as being 
capable of fulfilling mission requirements. 
SEC. 313. LARGE MEDIUM-SPEED 
ROLL-ON/ROLL-OFF 
(LMSR) PRO-
GRAM. 
(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is 
authorized to procure the large medium-speed roU-on/roU-ofif 
(LMSR) ship to be designated T-AKR 307 or T-AKR 317, subject 
to the availability of appropriations for that purpose. 
(b) AMOUNT AUTHORIZED.—Of the amount authorized to be 
appropriated under section 302(2) for fiscal year 2000 that is pro-
vided for the National Defense Sealift Fund, $80,000,000 is avail-
able for the advance procurement and advance construction of 
components for the LMSR program referred to in subsection (a). 
The Secretary of the Navy may enter into a contract or contracts 
with the shipbuilder and other entities for the advance procurement 
and adv£ince construction of those components. 
SEC. 314. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOWMENT FUND 
OF UNITED SERVICE ORGANIZATIONS, INCORPORATED. 
(a) GRANTS AUTHORIZED.—Subject to subsection (c), the Sec-
retary of Defense may make grants to the United Service Organiza-
tions, Incorporated, a federally chartered corporation under chapter 
2201 of title 36, United States Code, to contribute funds for the 
USO's Spirit of Hope Endowment 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 subse-
quent grants may not exceed $5,000,000. 
(c) MATCHING REQUIREMENT.—Each grant under subsection (a) Certification, 
may not be made until after the United Service Organizations, 
Incorporated, certifies to the Secretary of Defense that sufficient 
funds have been raised fi-om non-Federal sources for deposit in 
the Spirit of Hope Endowment Fund to match, on a doUar-for-
dollar basis, the amount of that grant. 
(d) FUNDING.—Of the amount authorized to be appropriated 
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). 
113 STAT. 560 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle C—Environmental Provisions 
SEC. 321. EXTENSION OF LIMITATION ON PAYMENT OF FINES AND 
PENALTIES USING FUNDS IN ENVIRONMENTAL RESTORA-
TION ACCOUNTS. 
Section 2703(e) of title 10, United States Code, is amended 
by striking "through 1999," both places it appears and inserting 
"through 2010,". 
SEC. 322. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORTS 
ON ENVIRONMENTAL COMPLIANCE ACTIVITIES. 
(a) MODIFICATION OF REQUIREMENTS.—Subsection (b) of section 
2706 of title 10, United States Code, is amended to read as follows: 
Deadline. 
"(b) REPORT ON ENVIRONMENTAL QUALITY PROGRAMS AND 
OTHER ENVIRONMENTAL ACTIVITIES.—(1) The Secretary of Defense 
shall submit to Congress each year, not later than 45 days after 
the date on which the President submits to Congress the budget 
for a fiscal year, a report on the progress made in carrying out 
activities under the environmental quality programs of the Depart-
ment of Defense and the military departments. 
"(2) Each report shall include the following: 
"(A) A description of the environmental quality program 
of the Department of Defense, and of each of the military 
departments, during the period consisting of the four fiscal 
years preceding the fiscal year in which the report is submitted, 
the fiscal year in which the report is submitted, and the fiscal 
year following the fiscal year in which the report is submitted. 
"(B) For each of the major activities under the environ-
mental quality programs: 
"(i) A specification of the amount expended, or proposed 
to be expended, in each fiscal year of the period covered 
by the report. 
"(ii) An explanation for any significant change in the 
aggregate amount to be expended in the fiscal year in 
which the report is submitted, and in the following fiscal 
year, when compared with the fiscal year preceding each 
such fiscal year. 
"(iii) An assessment of the manner in which the scope 
of the activities have changed over the course of the period 
covered by the report. 
"(C) A summary of the major achievements of the environ-
mental quality programs and of any major problems with the 
programs. 
"(D) A list of the planned or ongoing projects necessary 
to support the environmental quality programs during the 
period covered by the report, the cost of which has exceeded 
or is anticipated to exceed $1,500,000. The list eind accom-
panying material shall include the following: 
"(i) A separate listing of the projects inside the United 
States and of the projects outside the United States. 
"(ii) For each project commenced during the first four 
fiscal years of the period covered by the report (other 
than a project that was reported as fully executed in the 
report for a previous fiscal year), a description of— 
"(I) the amount specified in the initial budget 
request for the project; 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 561 
"(11) the aggregate amount allocated to the project 
through the fiscal year preceding the fiscal year for 
which the report is submitted; and 
"(III) the aggregate amount obligated for the 
project through that fiscal year, 
"(iii) For each project commenced or to be commenced 
in the fiscal year in which the report is submitted, a 
description o
f
— 
"(I) the amount specified for the project in the 
budget for the fiscal year; and 
"(II) the amount allocated to the project in the 
fiscal year. 
"(iv) For each project to be commenced in the last 
fiscal year of the period, a description of the amount, if 
any, specified for the project in the budget for the fiscal 
year. 
"(v) If the anticipated aggregate cost of any project 
covered by the report will exceed by more than 25 percent 
the amount specified in the initial budget request for such 
project, a justification for that variance. 
"(E) A statement of the fines and penalties imposed or 
assessed against the Department of Defense and the military 
departments under Federal, State, or local environmental laws 
during the fiscal year in which the report is submitted and 
the four preceding fiscal years, which shall set forth the fol-
lowing: 
"(i) Each Federal environmental statute under which 
a fine or penalty was imposed or assessed during each 
such fiscal year. 
"(ii) With respect to each such Federal statute— 
"(I) the aggregate amount of fines and penalties 
imposed under the statute during each such fiscal year; 
"(II) the aggregate amount of fines and penalties 
paid under the statute during each such fiscal year; 
and 
"(III) the total amount required during such fiscal 
years for supplemental environmental projects in lieu 
of the payment of a fine or penalty under the statute 
and the extent to which the cost of such projects during 
such fiscal years has exceeded the original amount 
of the fine or penalty. 
"(iii) A trend analysis of fines and penalties imposed 
or assessed during each such fiscal year for military 
installations inside and outside the United States. 
"(F) A statement of the amounts expended, and anticipated 
to be expended, during the period covered by the report for 
any activities overseas relating to the environment, including 
amounts for activities relating to environmental remediation, 
compliance, conservation, pollution prevention, and environ-
mental technology and amounts for conferences, meetings, and 
studies for pilot programs, and for travel related to such activi-
ties.". 
(b) CONFORMING REPEAL.—Such section is further amended 
by striking subsection (d). 
(c) DEFINITIONS.—Subsection (e) of such section is amended 
by adding at the end the following new paragraphs: 
10 use 2709 
note. 
113 STAT. 562 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(4) The term 'environmental quality program' means a 
program of activities relating to environmental compliance, con-
servation, pollution prevention, and such other activities 
relating to environmental quality as the Secretary concerned 
may designate for purposes of the program. 
"(5) The term 'major activities', with respect to an environ-
mental quality program, means the following activities under 
the program: 
"(A) Environmental compliance activities. 
"(B) Conservation activities. 
"(C) Pollution prevention activities.". 
Public 
SEC. 323. DEFENSE ENVIRONMENTAL TECHNOLOGY PROGRAM AND 
ilf°™ation. 
INVESTMENT CONTROL PROCESS FOR ENVIRONMENTAL 
TECHNOLOGIES. 
(a) PURPOSES.—The purposes of this section are— 
(1) to hold the Department of Defense and the military 
departments 
accountable for achieving 
performance-based 
results in the management of environmental technology by 
providing a connection between program direction and the 
achievement of specific performance-based results; 
(2) to assure the identification of end-user requirements 
for environmental technology within the military departments; 
(3) to assure results, quality of effort, and appropriate 
levels of service and support for end-users of environmental 
technology within the military departments; and 
(4) to promote improvement in the performance of environ-
mental technologies by establishing objectives for environ-
mental technology programs, measuring performance against 
such objectives, and making public reports on the progress 
made in such performance. 
(b) INVESTMENT CONTROL PROCESS.—(1) Chapter 160 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
^'§2709. Investment control process for environmental tech-
nologies 
"(a) INVESTMENT CONTROL PROCESS.—The Secretary of Defense 
shall ensure that the technology planning process developed to 
implement section 2501 of this title and section 270(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2469) provides for an investment control 
process for the selection, prioritization, management, and evaluation 
of environmental technologies by the Department of Defense, the 
military departments, and the Defense Agencies. 
"(b) PLANNING AND EVALUATION.—The environmental tech-
nology investment control process required by subsection (a) shall 
provide, at a minimum, for the following: 
"(1) The active participation by end-users of environmental 
technology, including the officials responsible for the environ-
mental security programs of the Department of Defense and 
the military departments, in the selection and prioritization 
of environmental technologies. 
"(2) The development of measurable performance goals and 
objectives for the management and development of environ-
mental technologies and specific mechanisms for assuring the 
achievement of the goals gmd objectives. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 563 
"(3) Annual performance reviews to determine whether the 
goals and objectives have been achieved and to take appropriate 
action in the event that they are not achieved.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2709. Investment control process for environmental technologies.". 
(c) ANNUAL REPORT.—(1) Section 2706 of such title, as amended 
by 322(b), is further amended by inserting after subsection (c) 
the following new subsection: 
"(d) REPORT ON ENVIRONMENTAL TECHNOLOGY PROGRAM.—(1) 
Deadline. 
The Secretary of Defense shall submit to Congress each year, not 
later than 45 days after the date on which the President submits 
to Congress the budget for a fiscal year, a report on the progress 
made by the Department of Defense in achieving the objectives 
and goals of its environmental technology program during the pre-
ceding fiscal year and an overall trend analysis for the program 
covering the previous four fiscal years. 
"(2) Each such report shall include, with respect to each project 
under the environmental technology program of the Department 
of Defense, the following: 
"(A) The performance objectives established for the project 
for the fiscal year and an assessment of the performance 
achieved with respect to the project in light of performance 
indicators for the project. 
"(B) A description of the extent to which the project met 
the performance objectives established for the project for the 
fiscal year. 
"(C) If a project did not meet the performemce objectives 
for the project for the fiscal year— 
"(i) an explanation for the failure of the project to 
meet the performance objectives; and 
"(ii) a modified schedule for meeting the performemce 
objectives or, if a performance objective is determined to 
be impracticable or infeasible to meet, a statement of alter-
native actions to be taken with respect to the project.". 
(2) The Secretary of Defense shall include in the first report 
10 USC 2706 
submitted under section 2706(d) of title 10, United States Code, note, 
as added by this subsection, a description of the steps taken by 
the Secretary to ensure that the environmental technology invest-
ment control process for the Department of Defense satisfies the 
requirements of section 2709 of such title, as added by subsection 
(b). 
SEC. 324. MODIFICATION OF MEMBERSHIP OF STRATEGIC ENVIRON-
MENTAL 
RESEARCH 
AND 
DEVELOPMENT 
PROGRAM 
COUNCIL. 
Section 2902(b)(1) of title 10, United States Code, is amended 
by striking "Director of Defense Research and Engineering" and 
inserting "Deputy Under Secretary of Defense for Science and Tech-
nology". 
SEC. 325. EXTENSION OF PILOT PROGRAM FOF SALE OF AIR POLLU-
TION EMISSION REDUCTION INCENTIVES. 
Section 351(a) of the National Defense Authorization Act for 
Fiscal Year 1998 (PubUc Law 105-85; 111 Stat. 1692; 10 U.S.C. 
2701 note) is amended by striking paragraph (2) and inserting 
the following new paragraph: 
113 STAT. 564 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(2) The Secretary may not carry out the pilot program after 
September 30, 2001.". 
SEC. 326. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION 
WITH FRESNO DRUM SUPERFUND SITE, FRESNO, CALI-
FORNIA. 
(a) AUTHORITY.—The Secretary of Defense may pay, using funds 
described in subsection (b), to the Fresno Drum Special Account 
within the Hazardous Substance Superfund established by section 
9507 of the Internal Revenue Code of 1986 (26 U.S.C. 9507) to 
reimburse the Environmental Protection Agency for costs incurred 
by the Agency for actions taken under CERCLA at the Fresno 
Industrial Supply, Inc., site in Fresno, California, the following 
amounts: 
(1) Not more than $778,425 for past response costs incurred 
by the Agency. 
(2) The amount of the costs identified as "interest" costs 
pursuant to the agreement known as the "CERCLA Section 
122(h)(1) Agreement for Payment of Future Response Costs 
and Recovery of Past Response Costs In the Matter of: Fresno 
Industrial Supply Inc. Site, Fresno, California" that was entered 
into by the Department of Defense and the Environmental 
Protection Agency on May 22, 1998. 
(b) SOURCE OF FUNDS FOR PAYMENT.—(1) Subject to paragraph 
(2), any pa3anent under subsection (a) shall be made using the 
following amounts: 
(A) Amounts authorized to be appropriated by section 301 
to the Environmental Restoration Account, Defense, established 
by section 2703(a)(1) of title 10, United States Code. 
(B) Amounts authorized to be appropriated by section 301 
to the Environmental Restoration Account, Army, established 
by section 2703(a)(2) of such title. 
(C) Amounts authorized to be appropriated by section 301 
to the Environmental Restoration Accoiuit, Navy, established 
by section 2703(a)(3) of such title. 
(D) Amounts authorized to be appropriated by section 301 
to the Environmental Restoration Account, Air Force, estab-
lished by section 2703(a)(4) of such title. 
(2) The portion of a payment under paragraph (1) that is 
derived from any account referred to in such paragraph shall bear 
the same ratio to the total amount of such payment as the amount 
of the hazardous substances at the Fresno Industrial Supply, Inc., 
site that are attributable to the department concerned bears to 
the total amount of the hazardous substances at that site. 
(c) CERCLA DEFINED.—In this section, the term "CERCLA" 
means the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.). 
SEC. 327. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER 
CERCLA IN CONNECTION WITH F.E. WARREN AIR FORCE 
BASE, WYOMING. 
(a) AUTHORITY.—The Secretary of the Air Force may pay, using 
funds described in subsection (b), not more than $20,000 as payment 
of stipulated civil penalties assessed on January 13, 1998, against 
F.E. Warren Air Force Base, Wyoming, under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.). 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 565 
(b) SOURCE OF FUNDS FOR PAYMENT.—^Any payment under sub-
section (a) shall be made using amounts authorized to be appro-
priated by section 301 to the Environmental Restoration Account, 
Air Force, established by section 2703(a)(4) of title 10, United 
States Code. 
SEC. 328. REMEDIATION OF ASBESTOS AND LEAD-BASED PAINT. 
(a) USE OF EXISTING CONTRACT VEHICLES.—The Secretary of 
Defense shall give appropriate consideration to existing contract 
vehicles, including Army Corps of Engineers indefinite delivery, 
indefinite quantity contracts, to provide for the remediation of 
asbestos and lead-based paint at military installations within the 
United States. 
(b) SELECTION.—The Secretary of Defense shall select the most 
cost-effective contract vehicle in accordance with all applicable Fed-
eral and State laws and Department of Defense regulations. 
SEC. 329. RELEASE OF INFORMATION TO FOREIGN COUNTRIES 
REGARDING ANY ENVIRONMENTAL CONTAMINATION AT 
FORMER UNITED STATES MILITARY INSTALLATIONS IN 
THOSE COUNTRIES. 
(a) RESPONSE TO REQUEST FOR INFORMATION.—Except as pro-
vided in subsection (b), upon request by the government of a foreign 
country fi'om which United States Armed Forces were withdrawn 
in 1992, the Secretary of Defense shall— 
(1) release to that government available information rel-
evant to the ability of that government to determine the nature 
and extent of environmental contamination, if any, at a site 
in that foreign country where the United States operated a 
military base, installation, or facility before the withdrawal 
of the United States Armed Forces in 1992; or 
(2) report to Congress on the nature of the information 
requested and the reasons why the information is not being 
released. 
(b) LIMITATION ON RELEASE.—Subsection (a)(1) does not apply 
to— 
(1) any information request described in such subsection 
that is received by the Secretary of Defense after the end 
of the one-year period beginning on the date of the enactment 
of this Act; 
(2) any information that the Secretary determines has been 
previously provided to the foreign government; and 
(3) any information that the Secretary of Defense believes 
could adversely affect United States national security. 
(c) LIABILITY OF THE UNITED STATES.—The requirement to pro-
vide information under subsection (a)(1) may not be construed to 
establish on the part of the United States any liability or obligation 
for the costs of environmental restoration or remediation at any 
site referred to in such subsection. 
SEC. 330. TOUSSAINT RIVER ORDNANCE MITIGATION STUDY. 
(a) 
ORDNANCE 
MITIGATION STUDY.—(1) The Secretary of 
Defense shall conduct a study and is authorized to remove ordnance 
infiltrating the Federal navigation channel and adjacent shorelines 
of the Toussaint River in Ottawa County, Ohio. 
(2) In conducting the study, the Secretary shall take into 
account any information available from other studies conducted 
113 STAT. 566 
PUBLIC LAW 106-65—OCT. 5, 1999 
in connection with the Federal navigation channel described in 
paragraph (1). 
Deadline. 
(b) REPORT ON STUDY RESULTS.—(1) Not later than April 1, 
2000, the Secretary of Defense shall submit to the congressional 
defense committees and the Committee on Environment and Public 
Works of the Senate a report that summarizes the results of the 
study conducted under subsection (a). 
(2) The Secretary shall include in the report recommendations 
regarding the continuation or termination of any ongoing use of 
Lake Erie as an ordnance firing range, £ind explain any rec-
ommendation to continue such activities. The Secretary shall con-
duct the evaluation and assessment in consultation with the govern-
ment of the State of Ohio and local government entities and with 
appropriate Federal agencies. 
(c) LIMITATION ON EXPENDITURES.—Not more than $800,000 
may be expended to conduct the study under subsection (a) and 
prepare the report under subsection (b). However, nothing in this 
section is intended to require non-Federal cost-sharing of the costs 
to perform the study. 
(d) AUTHORIZATION.—Consistent with existing laws, and after 
providing notice to Congress, the Secretary of Defense may work 
with the other relevant Federal, State, local, or private entities 
to remove ordnance resulting from infiltration into the Federal 
navigation channel and adjacent shorelines of the Toussaint River 
in Ottawa County, Ohio, using funds authorized to be appropriated 
for that specific purpose in fiscal year 2000. 
(e) RELATION TO OTHER LAWS AND AGREEMENTS.—This section 
is not intended to modify any authorities provided to the Secretary 
of the Army by the Water Resources Development Act of 1986 
(33 U.S.C. 2201 et seq.), nor is it intended to modify any non-
Federal cost-sharing responsibilities outlined in any local coopera-
tion agreements. 
Subtitle D—Depot-Level Activities 
SEC. 331. SALES OF ARTICLES AND SERVICES OF DEFENSE INDUS-
TRIAL 
FACILITIES TO PURCHASERS 
OUTSIDE THE 
DEPARTMENT OF DEFENSE. 
(a) WAIVER OF CERTAIN CONDITIONS.—(1) Section 2208(j) of 
title 10, United States Code, is amended— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(B) by inserting "(1)" after "(j)"; and 
(C) by adding at the end the following new paragraph: 
"(2) The Secretary of Defense may waive the conditions in 
paragraph (1) in the case of a particular sale if the Secretary 
determines that the waiver is necessary for reasons of national 
security and notifies Congress regarding the reasons for the 
waiver.". 
(2) Section 2553(c) of such title is amended— 
(A) by redesignating paragraphs (1) through (6) as subpara-
graphs (A) through (F), respectively; 
(B) by inserting "(1)" before "A sale"; and 
(C) by adding at the end the following new paragraph: 
"(2) The Secretary of Defense may waive the condition in para-
graph (1)(A) and subsection (a)(1) that an article or service must 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 567 
be not available from a United States commercial source in the 
case of a particular sale if the Secretary determines that the waiver 
is necessary for reasons of national security and notifies Congress 
regarding the reasons for the waiver.". 
(b) CLARIFICATION OF COMMERCIAL NONAVAILABILITY.—Section 
2553(g) of such title is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph: 
"(2) The term 'not available', with respect to an article 
or service proposed to be sold under this section, means that 
the article or service is luiavailable from a commercial source 
in the required quantity and quality or within the time 
required.". 
SEC. 332. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAP-
ITAL F U N D E D INDUSTRIAL FAdLITIES. 
Section 2208(j)(l) of title 10, United States Code, as amended 
by section 331, is further amended— 
(1) in the matter preceding subparagraph (A), by striking 
"or remanufacturing" and inserting ", remginufacturing, and 
engineering"; 
(2) in subparagraph (A), by inserting "or a subcontract 
under a Department of Defense contract" before the semicolon; 
euid 
(3) in subparagraph (B), by striking "Department of Defense 
solicitation for such contract" and inserting "solicitation for 
the contract or subcontract". 
SEC. 333. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE 
OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORK-
LOADS BY PUBLIC AND PRIVATE SECTORS. 
Subsection (e) of section 2466 of title 10, United States Code, 
is amended to read as follows: 
"(e) ANNUAL REPORTS.—(1) Not later than February 1 of each Deadlines, 
year, the Secretary of Defense shall submit to Congress a report 
identifying, for each of the armed forces (other than the Coast 
Guard) and each Defense Agency, the percentage of the funds 
referred to in subsection (a) that were expended during the pre-
ceding two fiscal years for performance of depot-level maintenance 
and repair workloads by the public and private sectors, as required 
by this section. 
"(2) Not later than April 1 of each year, the Secretary of 
Defense shall submit to Congress a report identifying, for each 
of the armed forces (other than the Coast Guard) and each Defense 
Agency, the percentage of the funds referred to in subsection (a) 
that are projected to be expended during each of the next five 
fiscal years for performance of depot-level maintenance and repair 
workloads by the public and private sectors, as required by this 
section. 
"(3) Not later than 60 days after the date on which the Secretary 
submits a report under this subsection, the Comptroller General 
shall submit to Congress the Comptroller General's views on 
whether— 
"(A) in the case of a report under paragraph (1), the Depart-
ment of Defense has complied with the requirements of sub-
section (a) for the fiscal years covered by the report; and 
113 STAT. 568 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(B) in the case of a report under paragraph (2), the 
expenditure projections for future fiscal years are reasonable.". 
SEC. 334. APPLICABILITY OF COMPETITION REQUIREMENT IN CON-
TRACTING OUT WORKLOADS PERFORMED 
BY DEPOT-
LEVEL ACTIVITIES OF DEPARTMENT OF DEFENSE. 
Section 2469(b) of title 10, United States Code, is amended 
by inserting "(including the cost of labor and materials)" after 
"$3,000,000". 
SEC. 335. TREATMENT OF PUBLIC SECTOR WINNING BIDDERS FOR 
CONTRACTS 
FOR 
PERFORMANCE 
OF 
DEPOT-LEVEL 
MAINTENANCE AND REPAIR WORKLOADS FORMERLY PER-
FORMED AT CERTAIN MILITARY INSTALLATIONS. 
Section 2469a of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
"(i) OVERSIGHT OF CONTRACTS AWARDED PUBLIC ENTITIES.— 
The Secretary of Defense or the Secretary concerned may not impose 
on a public sector entity awarded a contract for the performance 
of any depot-level maintenance and repair workload described in 
subsection (b) any requirements regarding management systems, 
reviews, oversight, or reporting that are significantly different from 
the requirements used in the performance and management of 
other similar or identical depot-level maintenance and repair work-
loads by the entity, unless the requirements are specifically provided 
in the solicitation for the contract or are necessary to ensure compli-
ance with the terms of the contract.". 
SEC. 336. ADDITIONAL MATTERS TO BE REPORTED BEFORE PRIME 
VENDOR CONTRACT FOR DEPOT-LEVEL 
MAINTENANCE 
AND REPAIR IS ENTERED INTO. 
Section 346(a) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 1979; 10 U.S.C. 2464 note) is amended— 
(1) by striking "and" at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) 
and inserting a semicolon; and 
(3) by adding at the end the following new paragraphs: 
"(3) contains an analysis of the extent to which the contract 
conforms to the requirements of section 2466 of title 10, United 
States Code; and 
"(4) describes the measures taken to ensure that the con-
tract does not violate the core logistics policies, requirements, 
and restrictions set forth in section 2464 of that title.". 
Subtitle E—Performance of Functions by 
Private-Sector Sources 
SEC. 341. REDUCED THRESHOLD FOR CONSIDERATION OF EFFECT ON 
LOCAL COMMUNITY OF CHANGING DEFENSE FUNCTIONS 
TO PRIVATE SECTOR PERFORMANCE. 
Section 2461(b)(3)(B)(ii) of title 10, United States Code, is 
amended by striking "75 employees" and inserting "50 employees". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 569 
SEC. 342. CONGRESSIONAL NOTIFICATION OF A-76 COST COMPARI-
SON WAIVERS. 
(a) NOTIFICATION REQUIRED.—Section 2467 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(c) 
CONGRESSIONAL NOTIFICATION OF COST 
COMPARISON 
WAIVER.—(1) Not later than 10 days after a decision is made Deadline. 
to waive the cost comparison study otherwise required under Office Reports. 
of Management and Budget Circular A-76 as part of the process 
to convert to contractor performance any commercial activity of 
the Department of Defense, the Secretary of Defense shall submit 
to Congress a report describing the commercial activity subject 
to the waiver and the rationale for the waiver. 
"(2) The report shall also include the following: 
"(A) The total number of civilian employees or military 
personnel currently performing the function to be converted 
to contractor performance. 
"(B) A description of the competitive procedure used to 
award a contract for contractor performance of the commercial 
activity. 
"(C) The anticipated savings to result from the waiver 
and resulting conversion to contractor performance.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
*'§ 2467. Cost comparisons: inclusion of retirement costs; con-
sultation with employees; waiver of comparison'\ 
(2) The table of sections at the beginning of chapter 146 of 
such title is amended by striking the item relating to section 2467 
and inserting the following new item: 
"2467. Cost comparisons: inclusion of retirement costs; consultation with employees; 
waiver of comparison.". 
SEC. 343. REPORT ON USE OF EMPLOYEES OF NON-FEDERAL ENTI-
TIES TO PROVIDE 
SERVICES TO DEPARTMENT OF 
DEFENSE. 
(a) REPORT REQUIRED.—Not later than March 1, 2001, the Deadline. 
Secretary of Defense shall submit to Congress a report describing 
the use during the previous fiscal year of non-Federal entities 
to provide services to the Department of Defense. 
(b) CONTENT OF REPORT.—To the extent practicable using 
information available from existing data collection £m.d reporting 
systems available to the Department of Defense and the non-Federal 
entities referred to in subsection (a), the report shall— 
(1) specify the number of work year equivalents performed 
by individuals employed by non-Federal entities in providing 
services to the Department, including both direct and indirect 
labor attributable to the provision of the services; 
(2) categorize the information by Federal supply class or 
service code; and 
(3) indicate the appropriation from which the services were 
funded and the major organizational element of the Department 
procuring the services. 
(c) LIMITATION ON REQUIREMENT FOR NON-FEDERAL ENTITIES 
TO 
PROVIDE INFORMATION.—For the purposes of meeting the 
requirements set forth in subsection (b), the Secretary may not 
require the provision of information beyond the information that 
113 STAT. 570 
PUBLIC LAW 106-65—OCT. 5, 1999 
is currently provided to the Department by the non-Federal entities 
referred to in subsection (a), except for the number of direct and 
indirect work year equivalents associated with Department of 
Defense contracts, identified by contract number, to the extent 
this information is available to the contractor from existing data 
collection systems. 
SEC. 344. EVALUATION OF TOTAL SYSTEM PERFORMANCE RESPONSI-
BILITY PROGRAM. 
Deadline. 
(a) REPORT REQUIRED.—Not later than February 1, 2000, the 
Secretary of the Air Force shall submit to Congress a report identi-
fying all Air Force programs that— 
(1) are currently managed under the Total System Perform-
ance Responsibility Program or similar programs; or 
(2) are presently planned to be managed using the Total 
System Performsmce Responsibility Program or a similar pro-
gram. 
(b) EVALUATION.—^As part of the report required by subsection 
(a), the Secretary of the Air Force shall include an evaluation 
of the following: 
(1) The manner in which the Total System Performance 
Responsibility Program and similar programs support the readi-
ness and warflghting capability of the Armed Forces and com-
plement the siipport of the logistics depots. 
(2) The effect of the Total System Performance Responsi-
bility Program and similar programs on the maintenance of 
core Government logistics management skills. 
(3) The process and criteria used by the Air Force to deter-
mine whether Government employees or the private sector 
should perform sustainment management functions. 
Deadline. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 30 days 
after the date on which the report required by subsection (a) is 
submitted to Congress, the Comptroller General shall review the 
report and submit to Congress a briefing evaluating the report. 
SEC. 345. SENSE OF CONGRESS REGARDING PROCESS FOR MOD-
ERNIZATION OF ARMY COMPUTER SERVICES. 
(a) PURPOSE OF MODERNIZATION.—It is the sense of Congress 
that any modernization of computer services (also known as the 
Army Wholesale Logistics Modernization Program) of the Army 
Communications Electronics Command of the Army Materiel Com-
mand to replace the systems currently provided by the Logistics 
Systems Support Center in St. Louis, Missouri, and the Industrial 
Logistics System Center in Chambersburg, Pennsylvania, should 
have as a primary goal the sustainment of military readiness. 
(b) USE OF STANDARD INDUSTRY INTEGRATION PRACTICES.— 
It is the sense of Congress that, in order to sustain readiness, 
any contract for the modernization of the computer services referred 
to in subsection (a), in addition to containing all of the requirements 
specified by the Secretary of the Army, should require the use 
of standard industry integration practices to provide further readi-
ness risk mitigation. 
(c) PROPOSED CONTRACTOR PRACTICES.—It is the sense of Con-
gress that the following practices should be employed by any con-
tractor engaged in the modernization of the computer services 
referred to in subsection (a) to ensure continued readiness: 
(1) TESTING PRACTICES.—Before any proposed moderniza-
tion solution is implemented, the solution should be rigorously 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 571 
tested to ensure that it meets the performance requirements 
of the Army and all other functional requirements. At each 
step in the testing process, confirmation of successful test 
completion should be required before the contractor begins the 
next step of the modernization process. 
(2) IMPLEMENTATION TEAM.—The Secretary of the Army 
should establish an implementation team to monitor efficiencies 
and effectiveness of the modernization solutions. 
(d) READINESS SUSTAINMENT.—It is the sense of Congress that 
the following additional readiness sustainment measures should 
be undertaken as part of the modernization of the computer services 
referred to in subsection (a): 
(1) GOVERNMENT OVERSIGHT.—It is extremely important 
that the Army Materiel Command retains sufficient in-house 
expertise to ensure that readiness is not adversely affected 
by the modernization efforts and to effectively oversee con-
tractor performance. 
(2) USE OF CONTRACT PARTNERING.—The Army Materiel 
Command should encourage partnerships with the contractor, 
with the primary goal of providing quality contract deliverables 
on time and at a reasonable price. Any such partnership agree-
ment should constitute a mutual commitment on how the Army 
Materiel Command and the contractor will interact during the 
course of the contract, with the objective of facilitating optimum 
contract performance through teamwork, enhanced communica-
tions, cooperation, and good faith performance. 
Subtitle F—Defense Dependents Education 
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BEN-
EFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 
(a) MODIFIED DEPARTMENT OF DEFENSE PROGRAM FOR FISCAL 
YEAR 2000.—Of the amount authorized to be appropriated by sec-
tion 301(5) for operation and maintenance for Defense-wide activi-
ties, $35,000,000 shall be available only for the purpose of providing 
educational agencies assistance (as defined in subsection (d)(1)) 
to local educational agencies. 
(b) NOTIFICATION.—Not later than June 30, 2000, the Secretary Deadliine. 
of Defense shall notify each local educational agency that is eligible 
for educational agencies assistance for fiscal year 2000 o
f
— 
(1) that agency's eligibility for educational agencies assist-
ance; and 
(2) the amount of the educational agencies assistance for 
which that agency is eligible. 
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall 
disburse funds made available under subsection (a) not later than 
30 days after the date on which notification to the eligible local 
educational agencies is provided pursuant to subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term "educational agencies assistance" means 
assistance authorized under section 386(b) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 20 U.S.C. 7703 note). 
113 STAT. 572 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) The term "local educational agency" has the meaning 
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)). 
(e) DETERMINATION OF ELIGIBLE LOCAL EDUCATIONAL AGEN-
CIES.—Section 386(c)(1) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note) 
is amended by striking "in that fiscal year are" and inserting 
"during the preceding school year were". 
SEC. 352. UNIFIED SCHOOL BOARDS FOR ALL DEPARTMENT OF 
DEFENSE 
DOMESTIC 
DEPENDENT 
SCHOOLS 
IN THE 
COMMONWEALTH OF PUERTO RICO AND GUAM. 
Section 2164(d)(1) of title 10, United States Code, is amended 
by adding at the end the following new sentence: "The Secretary 
may provide for the establishment of one school board for all such 
schools in the Commonwealth of Puerto Rico and one school board 
for all such schools in Guam instead of one school board for each 
military installation in those locations.". 
SEC. 353. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF 
DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SEC-
ONDARY SCHOOLS. 
Section 2164 of title 10, United States Code, is amended— 
(1) in subsection (c), by striking paragraph (3); and 
(2) by adding at the end the following new subsection: 
"(h) 
CONTINUATION 
OF ENROLLMENT 
DESPITE 
CHANGE 
IN 
STATUS.—(1) The Secretary of Defense shall permit a dependent 
of a member of the armed forces or a dependent of a Federal 
employee to continue enrollment in an educational program pro-
vided by the Secretary pursuant to subsection (a) for the remainder 
of a school year notwithstanding a change during such school year 
in the status of the member or Federal employee that, except 
for this paragraph, would otherwise terminate the eligibility of 
the dependent to be enrolled in the program. 
"(2) The Secretary may, for good cause, authorize a dependent 
of a member of the armed forces or a dependent of a Federal 
employee to continue enrollment in an educational program pro-
vided by the Secretary pursuant to subsection (a) notwithstanding 
a change in the status of the member or employee that, except 
for this paragraph, would otherwise terminate the eligibility of 
the dependent to be enrolled in the program. The enrollment may 
continue for as long as the Secretary considers appropriate. 
"(3) Paragraphs (1) and (2) do not limit the authority of the 
Secretary to remove a dependent from enrollment in an educational 
program provided by the Secretary pursuant to subsection (a) at 
any time for good cause determined by the Secretary.". 
SEC. 354. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS' EDU-
CATION ACT OF 1978. 
The Defense Dependents' Education Act of 1978 (title XIV 
of Public Law 95-561) is amended as follows: 
(1) Section 1402(b)(1) (20 U.S.C. 921(b)(1)) is amended by 
striking "recieve" and inserting "receive". 
(2) Section 1403 (20 U.S.C. 922) is amended— 
(A) by striking the matter in that section preceding 
subsection (b) and inserting the following: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 573 
"ADMINISTRATION OF DEFENSE DEPENDENTS' EDUCATION SYSTEM 
"SEC. 1403. (a) The defense dependents' education system is 
operated through the field activity of the Department of Defense 
known as the Department of Defense Education Activity. That 
activity is headed by a Director, who is a civihan and is selected 
by the Secretary of Defense. The Director reports to an Assistant 
Secretary of Defense designated by the Secretary of Defense for 
purposes of this title."; 
(B) in subsection (b), by striking "this Act" and 
inserting "this title"; 
(C) in subsection (c)(1), by inserting "(20 U.S.C. 901 
et seq.)" after "Personnel Practices Act"; 
(D) in subsection (c)(2), by striking the period at the 
end and inserting a comma; 
(E) in subsection (c)(6), by striking "Assistant Secretary 
of Defense for Manpower, Reserve Affairs, and Logistics" 
and inserting "the Assistant Secretary of Defense des-
ignated under subsection (a)"; 
(F) in subsection (d)(1), by striking "for the Office of 
Dependents' Education"; 
(G) in subsection (d)(2)— 
(i) by striking the first sentence; 
(ii) by striking "Whenever the Office of Depend-
ents' Education" and inserting "Whenever the Depart-
ment of Defense Education Activity"; 
(iii) by striking "after the submission of the report 
required under the preceding sentence" and inserting 
"in a manner that affects the defense dependents' edu-
cation system"; and 
(iv) by striking "an additional report" and inserting 
"a report"; and 
(H) in subsection (d)(3), by striking "the Office of 
Dependents' Education" and inserting "the Department of 
Defense Education Activity". 
(3) Section 1409 (20 U.S.C. 927) is amended— 
(A) in subsection (b), by striking "Department of 
Health, Education, and Welfare in accordance with section 
431 of the General Education Provisions Act" and inserting 
"Secretary of Education in accordance with section 437 
of the General Education Provisions Act (20 U.S.C. 1232)"; 
(B) in subsection (c)(1), by striking "by academic year 
1993-1994"; and 
(C) in subsection (c)(3)— 
(i) by striking "IMPLEMENTATION TIMELINES.—In 
carrying out" and all that follows through "a com-
prehensive" and inserting "IMPLEMENTATION.—In car-
rying out paragraph (2), the Secretary shall have in 
effect a comprehensive"; 
(ii) by striking the semicolon after "such individ-
uals" and inserting a period; and 
(iii) by striking subparagraphs (B) and (C). 
(4) Section 1411(d) (20 U.S.C. 929(d)) is amended by 
striking "grade GS-18 in section 5332 of title 5, United States 
Code" and inserting "level IV of the Executive Schedule under 
section 5315 of title 5, United States Code". 
(5) Section 1412 (20 U.S.C. 930) is amended— 
113 STAT. 574 
PUBLIC LAW 106-65—OCT. 5, 1999 
(A) in subsection (a)(1)— 
(i) by striking "As soon as" and all that follows 
through "shall provide for" and inserting "The Director 
may from time to time, but not more frequently than 
once a year, provide for"; and 
(ii) by striking "system, which" and inserting 
"system. Any such study"; 
(B) in subsection (a)(2)-— 
(i) by striking "The study required by this sub-
section" and inserting "Any study under paragraph 
(1)"; and 
(ii) by striking "not later than two years after 
the effective date of this title"; 
(C) in subsection (b), by striking "the study" and 
inserting "any study"; 
(D) in subsection (c)— 
(i) by striking "not later than one year sifter the 
effective date of this title the report" and inserting 
"any report"; and 
(ii) by striking "the study" and inserting "a study"; 
and 
(E) by striking subsection (d). 
(6) Section 1413 (20 U.S.C. 931) is amended by striking 
"Not later than 180 days after the effective date of this title, 
the" and inserting "The". 
(7) Section 1414 (20 U.S.C. 932) is amended by adding 
at the end the following new paragraph: 
"(6) The term 'Director' means the Director of the Depart-
ment of Defense Education Activity.". 
Subtitle G—Military Readiness Issues 
SEC. 361. INDEPENDENT STUDY OF MILITARY READINESS REPORTING 
SYSTEM. 
(a) 
INDEPENDENT 
STUDY REQUIRED.—(1) The 
Secretary 
of 
Defense shall provide for an independent study of requirements 
for a comprehensive readiness reporting system for the Department 
of Defense, as required by section 117 of title 10, United States 
Code. 
(2) The Secretary shall provide for the study to be conducted 
by em organization outside the Federal Government that the Sec-
retary considers qualified to conduct the study. The amount of 
a contract for the study may not exceed $1,000,000. 
(3) The Secretary shall require that all components of the 
Department of Defense cooperate fully with the organization car-
rying out the study. 
(b) MATTERS TO BE INCLUDED IN STUDY.—The Secretary shall 
require that the organization conducting the study under this sec-
tion specifically consider the requirements for providing an objec-
tive, accurate, and timely readiness reporting system for the Depart-
ment of Defense that has— 
(1) the characteristics and capabilities described in sub-
sections (b) and (c) of section 117 of title 10, United States 
Code; and 
(2) any other characteristics and capabilities that the 
organization determines appropriate to measure the capability 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 575 
of the Armed Forces to carry out the strategies and guidance 
described in subsection (a) of such section. 
(c) REPORT.—(1) The Secretary of Defense shall require the 
organization conducting the study under this section to submit 
to the Secretary a report on the study not later than March 1, 
2000. The organization shall include in the report its findings 
and conclusions concerning each of the matters specified in sub-
section (b). 
(2) Tlie Secretary shall submit the report under paragraph 
(1), together with the Secretary's comments on the report, to Con-
gress not later than April 1, 2000. 
(d) REVISIONS TO D O D READINESS REPORTING SYSTEM.—(1) Sec-
tion 117 of title 10, United States Code, is amended— 
(A) in subsection (bX2), by striking "with any change" and 
all that follows through "24 hours" and inserting "with (A) 
any change in the overall readiness status of a unit that is 
required to be reported as part of the readiness reporting 
system being reported within 24 hours of the event necessi-
tating the change in readiness status, and (B) any change 
in the overall readiness status of an element of the training 
establishment or an element of defense infrastructure that 
is required to be reported as part of the readiness reporting 
system being reported within 72 hours"; and 
(B) in paragraphs (2), (3), and (5) of subsection (c), by 
strildng "a quarterly" and inserting "an annual". 
(2) Subsection (b) of section 373 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 1992) is amended by striking "January 
15, 2000" and inserting "April 1, 2000". 
(3) Subsection (d) of such section is repealed. 
(e) REVISED TIME FOR IMPLEMENTATION OF QUARTERLY READI-
NESS REPORTS.—Section 482(a) of title 10, United States Code, 
is amended by striking "30 days" and inserting "45 days". 
SEC. 362. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE SEC-
ONDARY INVENTORY AND PARTS SHORTAGES. 
(a) INDEPENDENT STUDY REQUIRED.—In accordance with this 
section, the Secretary of Defense shall provide for an independent 
study of— 
(1) current levels of Department of Defense inventories 
of spare parts and other supplies, known as secondary inventory 
items, including wholesale and retail inventories; and 
(2) reports and evidence of Department of Defense inven-
tory shortages adversely affecting readiness. 
(b) PERFORMANCE BY INDEPENDENT ENTITY.—To conduct the 
study under this section, the Secretary of Defense shall select 
the General Accounting Office, an entity in the private sector that 
has experience in parts and secondary inventory msinagement, or 
another entity outside the Department of Defense that has such 
experience. 
(c) MATTERS TO B E INCLUDED IN STUDY.—The Secretary of 
Defense shall require the entity conducting the study under this 
section to specifically evaluate the following: 
(1) How much of the secondary inventory retained by the 
Department of Defense for economic, contingency, and potential 
reutilization during the five-year period ending December 31, 
1998, was actually used during each year of the period. 
Deadline. 
Deadlire. 
10 u s e 117 note. 
10 u s e 482 and 
notes. 
113 STAT. 576 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) How much of the retained secondary inventory currently 
held by the Department could be declared to be excess, deter-
mined on the basis of standards that take into account require-
ments uniquely applicable to the Department of Defense 
because of its warfighting missions, such as requirements for 
a war reserve of items. 
(3) Alternative methods for the disposal or other disposition 
of excess inventory and the cost to the Department to dispose 
of excess inventory under each alternative. 
(4) The total cost per year of storing secondary inventory, 
to be determined using traditional private sector cost calcula-
tion models. 
(5) The adequacy of the Department's schedule and plan 
for disposing of excess inventory. 
(d) REPORT ON RESULTS OF STUDY.—The Secretary of Defense 
shall require the entity conducting the study under this section 
to submit to the Secretary a report containing the results of the 
study, including the entity's findings and conclusions concerning 
each of the matters specified in subsection (c). The entity shall 
submit the report at such time as to permit the Secretary to 
comply with subsection (e). 
Deadline. 
(e) REVIEW AND COMMENTS OF THE SECRETARY OF DEFENSE.— 
Reports. 
Not later than September 1, 2000, the Secretary of Defense shall 
submit to Congress a report containing the following: 
(1) The report submitted under subsection (d), together 
with the Secretary's comments and recommendations regarding 
the report. 
(2) A plan to address the issues of excess £ind excessive 
inactive inventory and part shortages and a timetable to imple-
ment the plan throughout the Department. 
10 u s e 2458 
SEC. 363. REPORT ON INVENTORY AND CONTROL OF MILITARY EQUIP-
note. 
MENT. 
Deadline. 
(a) REPORT REQUIRED.—Not later than August 31, 2000, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the inventory and control of the military equipment of the 
Department of Defense as of the end of fiscal year 1999. The 
report shall address the inventories of each of the Army, Navy, 
Air Force, £ind Marine Corps separately. 
(b) CONTENT.—The report shall include the following: 
(1) For each item of military equipment in the inventory, 
stated by item nomenclature— 
(A) the quantity of the item in the inventory as of 
the beginning of the fiscal year; 
(B) the quantity of acquisitions of the item during 
the fiscal year; 
(C) the quantity of disposals of the item during the 
fiscal year; 
(D) the quantity of losses of the item during the 
performance of military missions during the fiscal year; 
and 
(E) the quantity of the item in the inventory as of 
the end of the fiscal year. 
(2) A reconciliation of the quantity of each item in the 
inventory as of the beginning of the fiscal year with the quantity 
of the item in the inventory as of the end of the fiscal year. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 577 
(3) For each item of military equipment that cannot be 
reconciled— 
(A) an explanation of why the quantities cannot be 
reconciled; and 
(B) a discussion of the remedial actions planned to 
be taken, including target dates for accomplishing the 
remedial actions. 
(4) Supporting schedules identifying the location of each 
item that are available to Congress or auditors of the Comp-
troller General upon request. 
(c) MILITARY EQUIPMENT DEFINED.—For the purposes of this 
section, the term "military equipment" means all equipment that 
is used in support of military missions and is maintained on the 
visibility systems of the Army, Navy, Air Force, or Marine Corps. 
(d) INSPECTOR GENERAL REVIEW.—Not later than November Deadline. 
30, 2000, the Inspector General of the Department of Defense 
shall review the report submitted to the committees under sub-
section (a) and shall submit to the committees any comments that 
the Inspector General considers appropriate. 
SEC. 364. COMPTROLLER GENERAL STUDY OF ADEQUACY OF DEPART-
MENT 
RESTRUCTURED 
SUSTAJNMENT 
AND 
REENGI-
NEERED LOGISTICS PRODUCT SUPPORT PRACTICES. 
(a) STUDY REQUIRED.—In accordance with this section, the 
Comptroller 
General 
shall conduct 
a study of 
restructured 
sustainment and reengineered logistics product support practices 
within the Department of Defense, which are designed to provide 
spare parts and other supplies to military units and installations 
as needed during a transition to war fighting rather than relying 
on large stockpiles of such spare parts and supplies. The purpose 
of the study is to determine whether restructured sustainment 
and reengineered logistics product support practices would be able 
to provide adequate sustainment supplies to military units and 
installations should it ever be necessary to execute the National 
Military Strategy prescribed by the Chairman of the Joint Chiefs 
of Staff. 
(b) MATTERS TO BE INCLUDED IN STUDY.—The Comptroller 
General shall specifically evaluate (and recommend improvements 
in) the following: 
(1) The military assumptions that are used to determine 
required levels of war reserve and prepositioned stocks. 
(2) The adequacy of supplies projected to be available to 
support the fighting of two, nearly simultaneous, major theater 
wars, as required by the National Military Strategy. 
(3) The expected availability through the national tech-
nology and industrial base of spare parts and supplies not 
readily available in the Department inventories, such as parts 
for aging equipment that no longer have active vendor support. 
(c) REPORT REQUIRED.—Not later than March 1, 2000, the Deadline. 
Comptroller General shall submit to Congress a report containing 
the results of the study. The report shall include the Comptroller 
General's findings, conclusions, and recommendations concerning 
each of the matters specified in subsection (b). 
SEC. 365. COMPTROLLER GENERAL REVIEW OF REAL PROPERTY 
MAINTENANCE AND ITS EFFECT ON READINESS. 
(a) REVIEW REQUIRED.—The Comptroller General shall conduct 
a review of the impact that the consistent lack of adequate funding 
113 STAT. 578 
PUBLIC LAW 106-65—OCT. 5, 1999 
for real property maintenance of military installations during the 
five-year period ending December 31, 1998, has had on readiness, 
the quality of life of members of the Armed Forces and their 
dependents, and the infrastructure on military installations. 
(b) FUNDING MATTERS To BE REVIEWED.—In conducting the 
review under this section, the Comptroller General shall specifically 
consider the following for the Army, Navy, Marine Corps, and 
Air Force: 
(1) For each year of the covered five-year period, the extent 
to which unit training and operating funds were diverted to 
meet basic base operations and real property maintenance 
needs. 
(2) The types of training delayed, canceled, or curtailed 
as a result of the diversion of such funds. 
(3) The level of funding required to eliminate the real 
property maintenance backlog at military installations so that 
facilities meet the standards necessary for optimum utilization 
during times of mobilization. 
(c) COMMAND AND MANAGEMENT MATTERS TO BE REVIEWED.— 
As part of the review conducted under this section, the Comptroller 
General shall— 
(1) review the method of command and management of 
military installations for the Army, Navy, Marine Corps, and 
Air Force; and 
(2) develop, based on such review, recommendations for 
the optimum command structure for military installations, to 
have major command status, which are designed to enhance 
the development of installations doctrine, privatization and 
outsourcing, commercial activities, environmental compliance 
programs, installation restoration, and military construction. 
Deadline. 
(d) REPORT REQUIRED.—Not later than March 1, 2000, the 
Comptroller General shall submit to Congress a report containing 
the results of the review required under this section and the 
optimum command structure recommended under subsection (c). 
10 use 113 note. 
SEC. 366. ESTABLISHME>rr OF LOGISTICS STANDARDS FOR SUS-
TAINED MILITARY OPERATIONS. 
(a) ESTABLISHMENT OF STANDARDS.—The Secretary of each mili-
tary department shall establish, for deployable units of each of 
the Armed Forces under the jurisdiction of the Secretary, standards 
regarding— 
(1) the level of spare parts that the units must have on 
hand; and 
(2) similar logistics and sustainment needs of the units. 
(b) BASIS FOR STANDARDS.—The standards to be established 
for a unit under subsection (a) shall be based upon the following: 
(1) The unit's wartime mission, as reflected in the war-
fighting plsins of the relevant combatant commanders. 
(2) An assessment of the likely requirement for sustained 
operations under each such war-fighting plan. 
(3) An assessment of the likely requirement for that unit 
to conduct sustained operations in an austere environment, 
while drawing exclusively on its own internal logistics capabili-
ties. 
(c) SUFFICIENCY CAPABILITIES.—The standards to be estabhshed 
by the Secretary of a military depsirtment under subsection (a) 
shall reflect those spare parts £ind similar logistics capabilities 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 579 
that the Secretary considers sufficient for the units of each of 
the Armed Forces under the Secretary's jurisdiction to successfully 
execute their missions under the conditions described in subsection 
(b). 
(d) RELATION TO READINESS REPORTING SYSTEM.—The stand-
ards established under subsection (a) shall be taken into account 
in designing the comprehensive readiness reporting system for the 
Department of Defense required by section 117 of title 10, United 
States Code, and shall be an element in determining a unit's readi-
ness status. 
(e) RELATION TO ANNUAL FUNDING NEEDS.—The Secretary of 
Defense shall consider the standards established under subsection 
(a) in establishing the annual funding requirements for the Depart-
ment of Defense. 
(f) REPORTING REQUIREMENT.—The Secretary of Defense shall 
include in the annual report required by section 113(c) of title 
10, United States Code, an analysis of the then current spare 
parts, logistics, and sustainment standards of the Armed Forces, 
as described in subsection (a), including any shortfalls and the 
cost of addressing these shortfalls. 
Subtitle H—Information Technology Issues 
SEC. 371. DISCRETIONARY AUTHORITY TO INSTALL TELECOMMUNI-
CATION EQUIPMENT FOR PERSONS PERFORMING VOL-
UNTARY SERVICES. 
(a) AUTHORITY.—Section 1588 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The Secretary con-
cerned may install telephone lines and any necessary telecommuni-
cation equipment in the private residences of persons, designated 
in accordance with the regulations prescribed under paragraph 
(4), who provide voluntary services accepted under subsection (a)(3). 
"(2) In the case of equipment installed under the authority 
of paragraph (1), the Secretary concerned may pay the charges 
incurred for the use of the equipment for authorized purposes. 
"(3) To carry out this subsection, the Secretary concerned may 
use appropriated funds (notwithstanding section 1348 of title 31) 
or nonappropriated funds of the military department under the 
jurisdiction of the Secretary or, with respect to the Coast Guard, 
the department in which the Coast Guard is operating. 
"(4) The Secretary of Defense and, with respect to the Coast Regulations 
Guard when it is not operating as a service in the Navy, the 
Secretary of Transportation shall prescribe regulations to carry 
out this subsection.". 
(b) REPORT ON IMPLEMENTATION.—Not later than two years 
after final regulations prescribed under subsection (f)(4) of section 
1588 of title 10, United States Code, as added by subsection (a), 
take effect, the Comptroller General shall review the exercise of 
authority under such subsection (f) and submit to Congress a report 
on the findings resulting from the review. 
Deadline. 
10 u s e 1588 
note. 
113 STAT. 580 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 372. AUTHORITY FOR DISBURSING OFFICERS TO SUPPORT USE 
OF AUTOMATED TELLER MACHINES ON NAVAL VESSELS 
FOR FINANCIAL TRANSACTIONS. 
Section 3342 of title 31, United States Code, is amended by 
adding at the end the following new subsection: 
"(f) With respect to automated teller machines on naval vessels, 
the authority of a disbursing official of the United States Govern-
ment under subsection (a) also includes the following: 
"(1) The authority to provide operating funds to the auto-
mated teller machines. 
"(2) The authority to accept, for safekeeping, deposits and 
transfers 
of funds 
made through 
the 
automated 
teller 
machines.". 
10 u s e 113 note. 
SEC. 373. USE OF SMART CARD TECHNOLOGY IN THE DEPARTMENT 
OF DEFENSE. 
(a) DEPARTMENT OF NAVY AS LEAD AGENCY.—The Department 
of the Navy shall serve as the lead agency for the development 
and implementation of a Smart Card program for the Department 
of Defense. 
(b) 
COOPERATION OF OTHER MILITARY DEPARTMENTS.—The 
Department of the Army and the Department of the Air Force 
shall each establish a project office and cooperate with the Depart-
ment of the Navy to develop implementation plans for exploiting 
the capability of Smart Card technology as a means for enhancing 
readiness and improving business processes throughout the military 
departments. 
(c) SENIOR COORDINATING GROUP.—(1) Not later than November 
30, 1999, the Secretary of Defense shall establish a senior coordi-
nating group to develop and implement— 
(A) Department-wide interoperability standards for use of 
Smart Card technology; and 
(B) a plan to exploit Smart Card technology as a means 
for enhancing readiness and improving business processes. 
(2) The senior coordinating group shall be chaired by a rep-
resentative of the Secretary of the Navy £ind shall include senior 
representatives from each of the Armed Forces and such other 
persons as the Secretary of Defense considers appropriate. 
(3) Not later than March 31, 2000, 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 containing a detailed discussion of the progress made 
by the senior coordinating group in carrying out its duties. 
(d) ROLE OF DEPARTMENT OF DEFENSE CHIEF INFORMATION 
OFFICE.—The senior coordinating group established under sub-
section (c) shall report to and receive guidance from the Department 
of Defense Chief Information Office. 
(e) INCREASED USE TARGETED TO CERTAIN NAVAL REGIONS.— 
Not later than November 30, 1999, the Secretary of the Navy 
shall establish a business plan to implement the use of Smart 
Cards in one major Naval region of the continental United States 
that is in the area of operations of the United States Atlantic 
Command and one major Naval region of the continental United 
States that is in the area of operations of the United States Pacific 
Command. The regions selected shall include a major fleet con-
centration area. The implementation of the use of Smsirt Cards 
in each region shall cover the Navy and Marine Corps bases and 
Deadlines. 
Establishment. 
Reports. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 581 
all non-deployed units in the region. The Secretary of the Navy 
shall submit the business plan to the congressional defense commit-
tees. 
(f) FUNDING FOR INCREASED USE OF SMART CARDS.—Of the 
funds authorized to be appropriated for the Navy by section 
102(a)(4) or 301(2), the Secretary of the Navy— 
(1) shall allocate such amounts as may be necessary, but 
not to exceed $30,000,000, to ensure that significant progress 
is made toward complete implementation of the use of Smart 
Card technology in the Department of the Navy; and 
(2) may allocate additional amounts for the conversion 
of paper-based records to electronic media for records systems 
that have been modified to use Smart Card technology. 
(g) DEFINITIONS.—In this section: 
(1) The term "Smart Card" means a credit card-size device, 
normally for carrying and use by personnel, that contains one 
or more integrated circuits and may also employ one or more 
of the following technologies: 
(A) Magnetic stripe. 
(B) Bar codes, linear or two-dimensional. 
(C) Non-contact and radio frequency transmitters. 
(D) Biometric information. 
(E) Encryption and authentication. 
(F) Photo identification. 
(2) The term "Smart Card technology" means a Smart 
Card together with all of the associated information technology 
hardware and software that comprise the system for support 
and operation. 
(h) REPEAL OF REQUIREMENT FOR AUTOMATED IDENTIFICATION 
TECHNOLOGY 
OFFICE.—Section 344 of the Strom 
Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 1977; 10 U.S.C. 113 note) is amended 
by striking subsection (b). 
SEC. 374. REPORT ON DEFENSE USE OF SMART CARD AS PKI AUTHEN-
TICATION DEVICE CARRIER. 
(a) REPORT REQUIRED.—Not later than February 1, 2000, the Deadline. 
Secretary of Defense shall submit to Congress a report evaluating 
the option of the Department of Defense using the Smart Card 
as a Public-Private Key Infrastructure authentication device carrier. 
The report shall include the following: 
(1) An evaluation of the advantages and disadvantages 
of using the Smart Card as a PKI authentication device carrier 
for the Department of Defense. 
(2) A description of other available devices that could be 
readily used as a PKI authentication device carrier. 
(3) A comparison of the cost of using the Smart Card 
and other available devices as the PKI authentication device 
carrier. 
(b) DEFINITIONS.—In this section: 
(1) The term "Smart Card" means a credit card-size device, 
normally for carrying and use by personnel, that contains one 
or more integrated circuits and may also employ one or more 
of the following technologies: 
(A) Magnetic stripe. 
(B) Bar codes, linear or two-dimensional. 
(C) Non-contact and radio frequency transmitters. 
113 STAT. 582 
PUBLIC LAW 106-65—OCT. 5, 1999 
(D) Biometric information. 
(E) Encryption and authentication. 
(F) Photo identification. 
(2) The terms "PubHc-Private Key Infrastructure authen-
tication device carrier" and "PKI authentication device carrier" 
mean a device that physically stores, carries, and employs 
electronic authentication or encryption keys necessary to create 
a unique digital signature, digital certificate, or other mark 
on an electronic document or file. 
Subtitle I—Other Matters 
SEC. 381. AUTHORITY TO LEND OR DONATE OBSOLETE OR CON-
DEMNED RIFLES FOR FUNERAL AND OTHER CEREMONIES. 
(a) AUTHORITY.—Subsection (a) of section 4683 of title 10, 
United States Code, is amended to read as follows: 
Regulations. 
"(a) AUTHORITY To LEND OR DONATE.—(1) The Secretary of 
the Army, under regulations prescribed by the Secretary, may condi-
tionally lend or donate excess M-1 rifles (not more than 15), slings, 
and cartridge belts to any eligible organization for use lay that 
organization for funeral ceremonies of a member or former member 
of the armed forces, and for other ceremonial purposes. 
"(2) If the rifles to be loaned or donated under paragraph 
(1) are to be used by the eligible organization for funeral ceremonies 
of a member or former member of the armed forces, the Secretary 
may issue and deliver the rifles, together with the necessary 
accoutrements and blank ammunition, without charge.". 
(b) CONDITIONS AND DEFINITION.—Such section is further 
amended by adding at the end the following new subsections: 
"(c) 
CONDITIONS ON LOAN 
OR DONATION.—In lending 
or 
donating rifles under subsection (a), the Secretary shall impose 
such conditions on the use of the rifles as may be necessEiry to 
ensure security, safety, and accountability. The Secretary may 
impose such other conditions as the Secretary considers appropriate. 
"(d) ELIGIBLE ORGANIZATION DEFINED.—In this section, the 
term 'eligible organization' means— 
"(1) a unit or other organization of honor guards recognized 
by the Secretary of the Army as honor guards for a national 
cemetery; 
"(2) a law enforcement agency; or 
"(3) a local unit of any organization that, as determined 
by the Secretary of the Army, is a nationally recognized vet-
erans' organization.". 
(c) CONFORMING AMENDMENTS.—Subsection (b) of such section 
is amended— 
(1) by inserting "RELIEF FROM LL\BILITY.—" after "(b)"; 
(2) by striking "a unit" and inserting "an eligible organiza-
tion"; and 
(3) by striking "lent" both places it appears and inserting 
"lent or donated". 
(d) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 583 
''§4683. Excess M-1 rifles: loan or donation for funeral and 
other ceremonial purposes". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 443 of such title is amended to read 
as follows: 
"4683. Excess M-1 rifles: loan or donation for funeral and other ceremonial pur-
poses.". 
(e) REPORT ON IMPLEMENTATION.—Not later than two years Deadline, 
after the date of the enactment of this Act, the Comptroller General 
10 USC 4683 
shall review the exercise of authority under section 4683 of title ^°^-
10, United States Code, as amended by this section, and submit 
to Congress a report on the findings resulting from the review. 
SEC. 382. EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PRO-
GRAM. 
Section 391 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1716; 10 U.S.C. 2304 
note) is amended— 
(1) in subsection (f), by striking "September 30, 1999" and 
inserting "September 30, 2000"; 
(2) in subsection (g)(1), by striking "January 1, 2000" and 
inserting "January 1, 2001"; and 
(3) in subsection (g)(2), by striking "March 1, 2000" and 
inserting "March 1, 2001". 
SEC. 383. PRESERVATION OF fflSTORIC BUILDINGS AND GROUNDS AT 
UNITED STATES SOLDIERS' AND AIRMEN'S HOME, DIS-
TRICT OF COLUMBIA. 
The Armed Forces Retirement Home Act of 1991 (title XV 
of Public Law 101-510; 24 U.S.C. 401 et seq.) is amended by 
adding at the end of part A the following new section: 
"SEC. 1523. PRESERVATION OF fflSTORIC BUILDINGS AND GROUNDS 
24 USC 423. 
AT UNITED STATES SOLDIERS' AND AIRMEN'S HOME. 
"(a) HISTORIC NATURE OF FACILITY.—Congress finds the fol-
lowing: 
"(1) Four buildings located on six acres of the establishment 
of the Retirement Home known as the United States Soldiers' 
and Airmen's Home are included on the National Register 
of Historic Places maintained by the Secretary of the Interior. 
"(2) Amounts in the Armed Forces Retirement Home Trust 
Fund, which consists primarily of deductions from the pay 
of members of the Armed Forces, are insufficient to both main-
tain and operate the Retirement Home for the benefit of the 
residents of the Retirement Home and adequately maintain, 
repair, and preserve these historic buildings and grounds. 
"(3) Other sources of funding are available to contribute 
to the maintenance, repair, and preservation of these historic 
buildings and grounds. 
"(b) AUTHORITY TO ACCEPT ASSISTANCE.—The Chairman of the 
Retirement Home Board and the Director of the United States 
Soldiers' and Airmen's Home may apply for and accept a direct 
grant from the Secretary of the Interior under section 101(e)(3) 
of the National Historic Preservation Act (16 U.S.C. 470a(e)(3)) 
for the purpose of maintaining, repairing, and preserving the his-
toric buildings and grounds of the United States Soldiers' and 
Airmen's Home included on the National Register of Historic Places. 
113 STAT. 584 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(c) REQUIREMENTS AND LIMITATIONS.—^Amounts received as 
a grant under subsection (b) shall be deposited in the Fund, but 
shall be kept separate from other amounts in the Fund. The 
amounts received may only be used for the purpose specified in 
subsection (b).". 
SEC. 384. CLARIFICATION 
OF LAND 
CONVEYANCE 
AUTHORITY, 
UNITED STATES SOLDIERS' AND AIRMEN'S HOME. 
(a) MANNER OF CONVEYANCE.—Subsection (a)(1) of section 1053 
of the National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104-201; 110 Stat. 2650) is amended by striking 
"convey by sale" and inserting "convey, by sale or lease,". 
(b) TIME FOR CONVEYANCE.—Subsection (a)(2) of such section 
is amended to read as follows: 
"(2) The Armed Forces Retirement Home Board shall sell or 
lease the property described in subsection (a) within 12 months 
after the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2000.". 
(c) MANNER, TERMS, AND CONDITIONS OF CONVEYANCE.—Sub-
section (b) of such section is amended— 
(1) by striking paragraph (1) and inserting the following 
new paragraph: "(1) The Armed Forces Retirement Home Board 
shall determine the memner, terms, and conditions for the 
sale or lease of the real property under subsection (a), except 
as follows: 
"(A) Any lease of the real property under subsection (a) 
shall include an option to purchase. 
"(B) The conveyance may not involve any form of public/ 
private partnership, but shall be limited to fee-simple sale 
or long-term lease. 
"(C) Before conveying the property by sale or lease to 
any other person or entity, the Board shall provide the Catholic 
University of America with the opportunity to match or exceed 
the highest bona fide offer otherwise received for the purchase 
or lease of the property, as the case may be, and to acquire 
the property."; and 
(2) in paragraph (2), by adding at the end the following 
new sentence: "In no event shall the sale or lease of the property 
be for less than the appraised value of the property in its 
existing condition and on the basis of its highest and best 
use.". 
SEC. 385. TREATMENT OF ALASKA, HAWAII, AND GUAM IN DEFENSE 
HOUSEHOLD GOODS MOVING PROGRAMS. 
(a) LIMITATION ON INCLUSION IN TEST PROGRAMS.—Alaska, 
Hawaii, and Guam shall not be included as a point of origin in 
any test or demonstration program of the Department of Defense 
regarding the moving of household goods of members of the Armed 
Forces. 
(b) SEPARATE REGIONS; DESTINATIONS.—In any Department of 
Defense household goods moving program that is not subject to 
the prohibition in subsection (a)— 
(1) Alaska, Hawaii, and Guam shall each constitute a sepa-
rate region; and 
(2) Hawaii and Guam shall be considered international 
destinations. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 585 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—^Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength minimum levels. 
Subtitle B—^Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Increase in numbers of members in certain grades authorized to be on ac-
tive duty in support of the Reserves. 
Sec. 415. Selected Reserve end strength flexibility. 
Subtitle C—^Authorization of Appropriations 
Sec. 421. Authorization of appropriations for military personnel. 
Subtitle A—^Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
10 USC 115 note. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2000, as follows: 
(1) The Army, 480,000. 
(2) The Navy, 372,037. 
(3) The Marine Corps, 172,518. 
(4) The Air Force, 360,877. 
SEC. 402. REVISION 
IN 
PERMANENT END 
STRENGTH MINIMUM 
LEVELS. 
(a) REVISED END STRENGTH FLOORS.—Section 691(b) of title 
10, United States Code, is amended— 
(1) in paragraph (2), by striking "372,696" and inserting 
"371,781"; 
(2) in paragraph (3), by striking "172,200" and inserting 
"172,148"; and 
(3) in paragraph (4), by striking "370,802" and inserting 
"360,877". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
10 USC 691 note, 
(a) shall take effect on October 1, 1999. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
10 USC 12001 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2000, as follows: 
(1) The Army National Guard of the United States, 350,000. 
(2) The Army Reserve, 205,000. 
(3) The Naval Reserve, 90,288. 
(4) The Marine Corps Reserve, 39,624. 
(5) The Air National Guard of the United States, 106,678. 
(6) The Air Force Reserve, 73,708. 
(7) The Coast Guard Reserve, 8,000. 
(b) ADJUSTMENTS.—The end strengths prescribed by subsection 
(a) for the Selected Reserve of any reserve component shall be 
proportionately reduced by— 
69-194-01-20:QL3Part 1 
113 STAT. 586 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
Whenever such units or such individual members Eire released 
from active duty during any fiscal year, the end strength prescribed 
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately increased by the total authorized 
strengths of such units and by the total number of such individual 
members. 
10 use 12001 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
note. 
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2000, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 22,430. 
(2) The Army Reserve, 12,804. 
(3) The Naval Reserve, 15,010. 
(4) The Marine Corps Reserve, 2,272. 
(5) The Air National Guard of the United States, 11,157. 
(6) The Air Force Reserve, 1,134. 
10 use 115 note. 
SEC. 413. END STRENGTHS 
FOR MILITARY 
TECHNICIANS 
(DUAL 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2000 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army Reserve, 6,474. 
(2) For the Army National Guard of the United States, 
23,125. 
(3) For the Air Force Reserve, 9,785. 
(4) For the Air National Guard of the United States, 22,247. 
SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES 
AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE 
RESERVES. 
(a) OFFICERS.—The table in section 12011(a) of title 10, United 
States Code, is amended to read as follows: 
"Grade 
Major or Lieutenant Comniander 
Lieutenant Colonel or Commander 
Colonel or Navy Captain 
Army 
3,227 
1,611 
471 
Navy 
1,071 
520 
188 
Air 
Force 
860 
777 
297 
Marine 
Corps 
140 
90 
30". 
(b) SENIOR ENLISTED MEMBERS.—The table in section 12012(a) 
of such title is amended to read as follows: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 587 
"Grade 
E-9 
E-8 
Army 
645 
2,593 
Navy 
202 
429 
Air 
Force 
405 
1,041 
Marine 
Corps 
20 
94". 
SEC. 
415. SELECTED 
RESERVE 
END 
STRENGTH 
FLEXIBILITY. 
Section 115(c) of title 10, United States Code, is amended— 
(1) by striking "and" at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(3) vary the end strength authorized pursuant to sub-
section (a)(2) for a fiscal year for the Selected Reserve of any 
of the reserve components by a number equal to not more 
than 2 percent of that end strength.". 
Subtitle C—^Authorization of 
Appropriations 
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PER-
SONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2000 a total 
of $71,884,867,000, and in addition funds in the total amount of 
$1,838,426,000 are authorized to be appropriated to the Department 
of Defense as emergency appropriations for fiscal year 2000 for 
military personnel, as appropriated in section 2012 of the 1999 
Emergency Supplemental Appropriations Act (Public Law 106-31; 
113 Stat. 83). The authorization in the preceding sentence super-
sedes any other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 2000. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
501 
502 
503 
504 
505 
506 
507 
508 
509 
511 
512 
513 
Subtitle A—Officer Personnel Policy 
Temporary authority for recall of retired aviators. 
Increase in maximum number of officers authorized to be on active-duty 
list in frocked grades of brigadier general and rear admiral (lower half). 
Reserve officers requesting or otherwise causing nonselection for pro-
motion. 
Minimum grade of officers eligible to serve on boards of inquiry. 
Minimum selection of warrant officers for promotion from below the pro-
motion zone. 
Increase in threshold period of active duty for applicability of restriction 
on holding of civil ofiice by retired regular officers and reserve officers. 
Exemption of retiree council members from recalled retiree limits. 
Technical amendments relating to joint duty assignments. 
Three-year extension of requirement for competition for joint 4-star officer 
positions. 
Subtitle B—^Reserve Component Personnel Policy 
Continuation of officers on reserve active-status list to complete discipli-
nary action. 
Authority to order reserve component members to active duty to complete 
a medical evaluation. 
Exclusion of reserve officers on educational delay from eligibility for con-
sideration for promotion. 
113 STAT. 588 
PUBLIC LAW 106-65—OCT. 5, 1999 
Sec. 514. Extension of period for retention of reserve component msgors and lieu-
tenant commanders who twice fail of selection for promotion. 
Sec. 515. Computation of years of service exclusion. 
Sec. 516. Retention of reserve component chaplains until age 67. 
Sec. 517. Expansion and codification of authority for space-required travel on mili-
tary aircraft for reserves performing inactive-duty training outside the 
continental United States. 
Subtitle C—Military Technicians 
Sec. 521. Revision to military technician (dual status) law. 
Sec. 522. Civil service retirement of technicians. 
Sec. 523. Revision to non-dual status technicians statute. 
Sec. 524. Revision to authorities relating to National Guard technicians. 
Sec. 525. Effective date. 
Sec. 526. Secretary of Defense review of Armv technician costing process. 
Sec. 527. Fiscal year 2000 limitation on number of non-dual status technicians. 
Subtitle D—Service Academies 
Sec. 531. Strength limitations at the service academies. 
Sec. 532. Superintendents of the service academies. 
Sec. 533. Dean of Academic Board, United States Military Academy and Dean of 
the Faculty, United States Air Force Academy. 
Sec. 534. Waiver of reimbursement of expenses for instruction at service academies 
of persons from foreign countries. 
Sec. 535. Expansion of foreign exchange programs of the service academies. 
Subtitle E—Education and Training 
Sec. 541. Establishment of a Department of Defense international student program 
at the senior military colleges. 
Sec. 542. Authority for Army War College to award degree of master of strategic 
studies. 
Sec. 543. Authority for Air University to confer graduate-level degrees. 
Sec. 544. Reserve credit for participation in health professions scholarship and fi-
nancial assistance program. 
Sec. 545. Permanent authority for ROTC scholarships for graduate students. 
Sec. 546. Increase in monthly subsistence allowance for Senior ROTC cadets se-
lected for advanced training. 
Sec. 547. Contingent funding increase for Junior ROTC program. 
Sec. 548. Change from annual to biennial reporting under the reserve component 
Montgomery GI bill. 
Sec. 549. Recodification and consolidation of statutes denying Federal grants and 
contracts by certain departments and agencies to institutions of higher 
education that prohibit Senior ROTC units or military recruiting on 
campus. 
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill liabilities. 
Subtitle F—Reserve Component Management 
Sec. 551. Financial assistance program for pursuit of degrees by officer candidates 
in Marine Corps Platoon Leaders Class program. 
Sec. 552. Options to improve recruiting for the Army Reserve. 
Sec. 553. Joint duty assignments for reserve component general and flag officers. 
Sec. 554. Grade of chiefs of reserve components and additional general officers at 
the National Guard Bureau. 
Sec. 555. Duties of Reserves on active duty in support of the Reserves. 
Sec. 556. Repeal of limitation on number of Reserves on full-time active duty in 
support of preparedness for responses to emergencies involving weapons 
of mass destruction. 
Sec. 557. Establishment of Office of the Coast Guard Reserve. 
Sec. 558. Report on use of National Guard facilities and infrastructure for support 
of provision of services to veterans. 
Subtitle G—^Decorations, Awards, and Commendations 
Sec. 561. Waiver of time limitations for award of certain decorations to certain per-
sons. 
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for valor during 
the Vietnam conflict. 
Sec. 563. Elimination of current backlog of requests for replacement of military 
decorations. 
Sec. 564. Retroactive award of Navy Combat Action Ribbon. 
Sec. 565. Sense of Congress concerning Presidential unit citation for crew of the 
U.S.S. Indianapolis. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 589 
Subtitle H—Matters Relating to Recruiting 
Sec. 571. Access to secondary school students for military recruiting purposes. 
Sec. 572. Increased authority to extend delayed entry period for enlistments of per-
sons with no prior military service. 
Sec. 573. Army College First pilot program. 
Sec. 574. Use of recruiting materials for public relations purposes. 
Subtitle I—Matters Relating to Missing Persons 
Sec. 575. Nondisclosure of debriefing information on certain missing persons pre-
viously returned to United States control. 
Sec. 576. Recovery and identification of remains of certain World War II service-
men lost in Pacific Theater of Operations. 
Subtitle J—Other Matters 
Sec. 577. Authority for special courts-martial to impose sentences to confinement 
and forfeitures of pay of up to one year. 
Sec. 578. Funeral honors details for funerals of veterans. 
Sec. 579. Purpose and funding limitations for National Guard Challenge program. 
Sec. 580. Department of Defense Starbase program. 
Sec. 581. Survey of members leaving military service on attitudes toward military 
service. 
Sec. 582. Service review agencies covered by professional staffing requirement. 
Sec. 583. Participation of members in management of organizations abroad that 
promote international understanding. 
Sec. 584. Support for expanded child care services and youth program services for 
dependents. 
Sec. 585. Report and regulations on Department of Defense policies on protecting 
the confidentiality of communications with professionals providing 
therapeutic or related services regarding sexual or domestic abuse. 
Sec. 586. Members under burdensome personnel tempo. 
Subtitle K—Domestic Violence 
Sec. 591. Defense task force on domestic violence. 
Sec. 592. Incentive program for improving responses to domestic violence involving 
members of the Armed Forces and military family members. 
Sec. 593. Uniform Department of Defense policies for responses to domestic vio-
lence. 
Sec. 594. Central Department of Defense database on domestic violence incidents. 
Subtitle A—Officer Personnel Policy 
SEC. 501. TEMPORARY AUTHORITY FOR RECALL OF RETIRED AVI-
ATORS. 
(a) AUTHORITY.—During the retired aviator recall period, the 
Secretary of a military department may recall to active duty any 
retired officer having expertise as £in aviator to fill staff positions 
normally filled by active duty aviators. Any such recall may only 
be made with the consent of the officer recalled. 
(b) LIMITATION.—No more than a total of 500 officers may 
be on active duty at any time under subsection (a). 
(c) TERMINATION.—Each officer recalled to active duty under 
subsection (a) during the retired aviator recall period shall be 
released from active duty not later than one year after the end 
of such period. 
(d) WAIVERS.—Officers recalled to active duty under subsection 
(a) shall not be counted for purposes of section 668 or 690 of 
title 10, United States Code. 
(e) RETIRED AVIATOR RECALL PERIOD.—For purposes of this 
section, the retired aviator recall period is the period beginning 
on October 1, 1999, and ending on September 30, 2002. 
(f) REPORT.—Not later than March 31, 2002, the Secretary 
Deadline, 
of Defense submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
113 STAT. 590 
PUBLIC LAW 106-65—OCT. 5, 1999 
Representatives a report on the use of the authority under this 
section, together with the Secretary's recommendation for extension 
of that authority. 
SEC. 502. INCREASE IN MAXIMUM NUMBER OF OFFICERS AUTHOR-
IZED TO BE ON ACTIVE-DUTY LIST IN FROCKED GRADES 
OF BRIGADIER GENERAL AND REAR ADMIRAL (LOWER 
HALF). 
Section 777(d)(1) of title 10, United States Code, is amended 
by striking "the following:" and all that follows and inserting "55.". 
SEC. 503. RESERVE OFFICERS REQUESTING OR OTHERWISE CAUSING 
NONSELECTION FOR PROMOTION. 
(a) REPORTING REQUIREMENT.—Section 617(c) of title 10, United 
States Code, is amended by striking "regular". 
Applicability. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
10 use 617 note, shall apply with respect to boards convened under section 611(a) 
of title 10, United States Code, on or after the date of the enactment 
of this Act. 
SEC. 504. MINIMUM GRADE OF OFFICERS ELIGIBLE TO SERVE ON 
BOARDS OF INQUIRY. 
(a) RETENTION BOARDS FOR REGULAR OFFICERS.—The text of 
section 1187 of title 10, United States Code, is amended to read 
as follows: 
"(a) ACTIVE DUTY OFFICERS.—Except as provided in subsection 
(b), each board convened under this chapter shall consist of officers 
appointed as follows: 
"(1) Each member of the board shall be an officer of the 
same armed force as the officer being required to show cause 
for retention on active duty. 
"(2) Each member of the board shall be on the active-
duty list. 
"(3) Each member of the board shall be in a grade above 
major or lieutenant commander, except that at least one 
member of the board shall be in a grade above lieutenant 
colonel or commander. 
"(4) Each member of the board shall be senior in grade 
to any officer to be considered by the board. 
"(b) RETIRED OFFICERS.—If qualified officers on active duty 
are not available in sufficient numbers to comprise a board convened 
under this chapter, the Secretary of the military department con-
cerned shall complete the membership of the board by appointing 
to the board retired officers of the same armed force. A retired 
officer may be appointed to such a board only if the retired grade 
of that officer— 
"(1) is above major or lieutenant commander or, in the 
case of an officer to be the senior officer of the board, above 
lieutenant colonel or commander; and 
"(2) is senior to the grade of any officer to be considered 
by the board. 
"(c) INELIGIBILITY BY REASON OF PREVIOUS CONSIDERATION OF 
SAME OFFICER.—No person may be a member of more than one 
board convened under this chapter to consider the same officer. 
"(d) EXCLUSION FROM STRENGTH LIMITATION.-^A retired gen-
eral or flag officer who is on active duty for the purpose of serving 
on a board convened under this chapter shall not, while so serving. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 591 
be counted against any limitation on the number of general and 
flag officers who may be on active duty.". 
(b) RETENTION BOARDS FOR RESERVE OFFICERS.—Subsection 
(a) of section 14906 of such title is amended to read as follows: 
"(a) COMPOSITION OF BOARDS.—Each board convened under 
this chapter shall consist of officers appointed as follows: 
"(1) Each member of the board shall be an officer of the 
same armed force as the officer being required to show cause 
for retention in an active status. 
"(2) Each member of the board shall hold a grade above 
major or lieutenant commander, except that at least one 
member of the board shall hold a grade above lieutenant colonel 
or commander. 
"(3) Each member of the board shall be senior in grade 
to any officer to be considered by the board.". 
SEC. 505. MINIMUM SELECTION OF WARRANT OFFICERS FOR PRO-
MOTION FROM BELOW THE PROMOTION ZONE. 
Section 575(b)(2) of title 10, United States Code, is amended 
by adding at the end the following new sentence: "If the number 
determined under this subsection with respect to a promotion zone 
within a grade (or grade and competitive category) is less than 
one, the board may recommend one such officer for promotion 
from below the zone within that grade (or grade and competitive 
category).". 
SEC. 506. INCREASE IN THRESHOLD PERIOD OF ACTIVE DUTY FOR 
APPLICABILITY OF RESTRICTION ON HOLDING OF CIVIL 
OFFICE BY RETIRED REGULAR OFFICERS AND RESERVE 
OFFICERS. 
Section 973(b)(1) of title 10, United States Code, is amended— 
(1) in subparagraph (B), by striking "180 days" and 
inserting "270 days"; and 
(2) in subparagraph (C), by striking "180 days" and 
inserting "270 days". 
SEC. 507. EXEMPTION OF RETIREE 
COUNCIL MEMBERS FROM 
RECALLED RETIREE LIMITS. 
Section 690(b)(2) of title 10, United States Code, is amended 
by adding at the end the following new subparagraph: 
"(D) Any member of the Retiree Council of the Army, 
Navy, or Air Force for the period on active duty to attend 
the annual meeting of the Retiree Council.". 
SEC. 508. TECHNICAL AMENDMENTS RELATING TO JOINT DUTY 
ASSIGNMENTS. 
(a) JOINT DUTY ASSIGNMENTS FOR GENERAL AND FLAG OFFI-
CERS.—Subsection (g) of section 619a of title 10, United States 
Code, is amended to read as follows: 
"(g) LIMITATION FOR GENERAL AND FLAG OFFICERS PREVIOUSLY 
RECEIVING JOINT DUTY ASSIGNMENT WAIVER.—A general officer 
or flag officer who before January 1, 1999, received a waiver of 
subsection (a) under the authority of this subsection (as in effect 
before that date) may not be appointed to the grade of lieutenant 
general or vice admiral until the officer completes a full tour of 
duty in a joint duty assignment.". 
(b) NUCLEAR PROPULSION OFFICERS.—Subsection (h) of that 
section is gmfiended— 
113 STAT. 592 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) by striking "(1) Until January 1, 1997, an" and inserting 
"An"; 
(2) by striking "may be" and inserting "who before January 
1, 1997, is"; 
(3) by striking ". An officer so appointed"; and 
(4) by striking paragraph (2). 
SEC. 509. THREE-YEAR EXTENSION OF REQUIREMENT FOR COMPETI-
TION FOR JOINT 4.STAR OFFICER POSITIONS. 
(a) EXTENSION OF REQUIREMENT.—Section 604(c) of title 10, 
United States Code, is amended by striking "September 30, 2000" 
and inserting "September 30, 2003". 
(b) 
GRADE 
RELIEF.—Section 525(b)(5)(C) of such title is 
amended by striking "September 30, 2000" and inserting "Sep-
tember 30, 2003". 
(c) CLARIFICATION OF CERTAIN LIMITATIONS ON NUMBER OF 
ACTIVE-DUTY GENERALS AND ADMIRALS.—Paragraph (5) of section 
525(b) of such title is amended by adding at the end of subparagraph 
(A) the following new sentence: "Any increase by reason of the 
preceding sentence in the number of officers of an armed force 
serving on active duty in grades above major general or rear admiral 
may only be realized by an increase in the number of lieutenant 
generals or vice admirals, as the case may be, serving on active 
duty, and any such increase may not be construed as authorizing 
an increase in the limitation on the total number of general or 
flag officers for that armed force under section 526(a) of this title 
or in the number of general and flag officers that may be designated 
under section 526(b) of this title.". 
Subtitle B—Reserve Component Personnel 
Policy 
SEC. 511. C O N T I N U A T I O N OF OFFICERS ON RESERVE ACTIVE-STATUS 
LIST TO COMPLETE DISCIPLINARY ACTION. 
(a) IN GENERAL.—Chapter 1407 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§ 14518. Continuation of officers to complete disciplinary 
action 
"The Secretary concerned may delay the separation or retire-
ment under this chapter of an officer against whom an action 
has been commenced with a view to trying the officer by court-
martial. Any such delay may continue until the completion of the 
disciplinary action against the officer.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"14518. Continuation of officers to complete disciplinary action.". 
SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO 
ACTIVE DUTY TO COMPLETE A MEDICAL EVALUATION. 
Section 12301 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
"(h)(1) When authorized by the Secretary of Defense, the Sec-
retary of a military department may, with the consent of the 
member, order a member of a reserve component to active duty— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 593 
"(A) to receive authorized medical care; 
"(B) to be medically evaluated for disability or other pur-
poses; or 
"(C) to complete a required Department of Defense health 
care study, which may include an associated medical evaluation 
of the member. 
"(2) A member ordered to active duty under this subsection 
may, with the member's consent, be retained on active duty, if 
the Secretary concerned considers it appropriate, for medical treat-
ment for a condition associated with the study or evaluation, if 
that treatment of the member is otherwise authorized by law. 
"(3) A member of the Army National Guard of the United 
States or the Air National Guard of the United States may be 
ordered to active duty under this subsection only with the consent 
of the Governor or other appropriate authority of the State con-
cerned.". 
SEC. 513. EXCLUSION OF RESERVE OFFICERS ON EDUCATIONAL 
DELAY FROM ELIGIBILITY FOR CONSIDERATION FOR PRO-
MOTION. 
(a) EXCLUSION.—Section 14301 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(h) OFFICERS ON EDUCATIONAL DELAY.—An officer on the 
reserve active-status list is ineligible for consideration for pro-
motion, but shall remain on the reserve active-status list, while 
the officer— 
"(1) is pursuing a program of graduate level education 
in an educational delay status approved by the Secretary con-
cerned; and 
"(2) is receiving from the Secretary financial assistance 
in connection with the pursuit of that program of education 
while in that status.". 
(b) RETROACTIVE EFFECT.—(1) Subsection (h) of section 14301 
of title 10, United States Code (as added by subsection (a)), shall 
apply with respect to boards convened under section 14101(a) of 
such title before, on, or after the date of the enactment of this 
Act. 
(2) The Secretary of the military department concerned, upon 
receipt of request submitted in a form and manner prescribed 
by the Secretary, shall expunge fi*om the militant records of an 
officer any indication of a failure of selection of the officer for 
promotion by a board referred to in paragraph (1) while the officer 
was ineligible for consideration by that board by reason of section 
14301(h) of title 10, United States Code. 
SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RESERVE 
COMPONENT MAJORS AND LIEUTENANT COMMANDERS 
WHO TWICE FAIL OF SELECTION FOR PROMOTION. 
(a) PARITY WITH OFFICERS IN PAY GRADES 0-2 
AND 
0-3.— 
Section 14506 of title 10, United States Code, is amended— 
(1) by inserting "the later of (1)" after "in accordance with 
section 14513 of this title on"; and 
(2) by inserting before the period at the end the following: 
", or (2) the first day of the seventh month after the month 
in which the President approves the report of the board which 
considered the officer for the second time". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
(a) shall apply with respect to removals of reserve officers from 
10 u s e 14301 
note. 
Records. 
Applicsibility. 
10 u s e 14506 
note. 
113 STAT. 594 
PUBLIC LAW 106-65—OCT. 5, 1999 
reserve active-status lists under section 14506 of title 10, United 
States Code, on or after the date of the enactment of this Act. 
SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLUSION. 
The text of section 14706 of title 10, United States Code, 
is amended to read as follows: 
"(a) For the purpose of this chapter and chapter 1407 of this 
title, a Reserve officer's years of service include all service of the 
officer as a commissioned officer of a uniformed service other than 
the following: 
"(1) Service as a warrant officer. 
"(2) Constructive service. 
"(3) Service after appointment as a commissioned officer 
of a reserve component while in a program of advanced edu-
cation to obtain the first professional degree required for 
appointment, designation, or assignment to a professional spe-
cisdty, but only if that service occurs before the officer com-
mences initial service on active duty or initial service in the 
Ready Reserve in the specialty that results from such a degree. 
"(b) The exclusion under subsection (a)(3) does not apply to 
service performed by an officer who previously served on active 
duty or participated as a member of the Ready Reserve in other 
than a student status for the period of service preceding the mem-
ber's service in a student status. 
"(c) For purposes of subsection (a)(3), an officer shall be consid-
ered to be in a professional specialty if the officer is appointed 
or assigned to the Medical Corps, the Dental Corps, the Veterinary 
Corps, the Medical Service Corps, the Nurse Corps, or the Army 
Medical Specialists Corps or is designated as a chaplain or judge 
advocate.". 
SEC. 516. RETENTION OF RESERVE COMPONENT CHAPLAINS UNTIL 
AGE 67. 
Section 14703(b) of title 10, United States Code, is amended 
by striking "(or, in the case of a reserve officer of the Army in 
the Chaplains or a reserve officer of the Air Force designated 
as a chaplain, 60 years of age)". 
SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE-
REQUIRED 
TRAVEL 
ON 
MILITARY 
AIRCRAFT 
FOR 
RESERVES PERFORMING INACTIVE-DUTY TRAINING OUT-
SIDE THE CONTINENTAL UNITED STATES. 
(a) AUTHORITY.—(1) Chapter 1805 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*
*
§ 18505. Reserves 
traveling 
to 
inactive-duty 
training 
OCONUS: authority for space-required travel 
"(a) In the case of a member of a reserve component whose 
place of inactive-duty training is outside the contiguous States 
(including a place other than the place of the member's unit training 
assembly if the member is performing the inactive-duty training 
in another location), the member may travel in a space-required 
status on aircraft of the armed forces between the member's home 
and the place of such training if there is no transportation between 
those locations by means of road or railroad (or a combination 
of road and railroad). 
"(b) A member traveling in a space-required status on any 
such aircraft under subsection (a) is not authorized to receive travel. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 595 
transportation, or per diem allowances in connection with that 
travel.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"18505. Reserves traveling to inactive-duty training OCONUS: authority for space-
required travel.". 
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 8023 of Public 
Law 105-262 (112 Stat. 2302) is repealed. 
(c) EFFECTIVE DATE.—The amendments made by this section Appliaibility. 
shall apply with respect to travel commencing on or after the 
10 US(' 18505 
date of the enactment of this Act. 
^°^' 
Subtitle C—^Military Technicians 
SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STATUS) LAW. 
(a) DEFINITION.—Subsection (a)(1) of section 10216 of title 10, 
United States Code, is amended— 
(1) in subparagraph (A), by striking "section 709" and 
inserting "section 709(b)"; and 
(2) in subparagraph (C), by inserting "civilian" after "is 
assigned to a". 
(b) DUAL STATUS REQUIREMENT.—Subsection (e) of such section 
is amended— 
(1) in paragraph (1), by inserting "(dual status)" after "mili-
tary technician" the second place it appears; and 
(2) in paragraph (2)— 
(A) by striking "The Secretary" and inserting "Except 
as otherwise provided by law, the Secretary"; and 
(B) by striking "not to exceed six months" and inserting 
"up to 12 months". 
SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS. 
(a) IN GENERAL.—(1) Chapter 1007 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*'§ 10218. Army and Air Force Reserve technicians: condi-
tions for retention; mandatory retirement under 
civil service laws 
"(a) SEPARATION AND RETIREMENT OF MILITARY TECHNICIANS 
(DUAL STATUS).—(1) An individual employed by the Army Reserve 
or the Air Force Reserve as a military technician (dual status) 
who after the date of the enactment of this section loses dual 
status is subject to paragraph (2) or (3), as the case may be. 
"(2) If a technician described in paragraph (1) is eligible at 
the time dual status is lost for an unreduced annuity, the technician 
shall be separated not later than 30 days after the date on which 
dual status is lost. 
"(3)(A) If a technician described in paragraph (1) is not eligible 
at the time dual status is lost for an unreduced annuity, the 
technician shall be offered the opportunity to— 
"(i) reapply for, and if qualified be appointed to, a position 
as a military technician (dual status); or 
"(ii) apply for a civil service position that is not a technician 
position. 
113 STAT. 596 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(B) If such a technician continues employment with the Army 
Reserve or the Air Force Reserve as a non-dual status technician, 
the technician— 
"(i) shall not be permitted, after the end of the one-year 
period beginning on the date of the enactment of this sub-
section, to apply for any voluntary personnel action; and 
, 
"(ii) shall be separated or retired— 
J 
"(I) in the case of a technician first hired as a military 
technician (dual status) on or before February 10, 1996, 
not later than 30 days after becoming eligible for an 
unreduced annuity; and 
"(II) in the case of a technician first hired as a military 
technician (dual status) after February 10, 1996, not later 
than one year after the date on which dual status is lost. 
"(4) For purposes of this subsection, a military technician is 
considered to lose dual status upon— 
"(A) being separated from the Selected Reserve; or 
"(B) ceasing to hold the military grade specified by the 
Secretary concerned for the position held by the technician. 
"(b) NON-DUAL STATUS TECHNICIANS.—(1) An individual who 
on the date of the enactment of this section is employed by the 
Army Reserve or the Air Force Reserve as a non-dual status techni-
cian and who on that date is eligible for an unreduced annuity 
shall be separated not later than six months after the date of 
the enactment of this section. 
"(2)(A) An individual who on the date of the enactment of 
this section is employed by the Army Reserve or the Air Force 
Reserve as a non-dual status technician and who on that date 
is not eligible for an unreduced annuity shall be offered the oppor-
tunity to— 
"(i) reapply for, and if qualified be appointed to, a position 
as a military technician (dual status); or 
"(ii) apply for a civil service position that is not a technician 
position. 
"(B) If such a technician continues emplo3maent with the Army 
Reserve or the Air Force Reserve as a non-dual status technician, 
the technician— 
"(i) shall not be permitted, after the end of the one-year 
period beginning on the date of the enactment of this sub-
section, to apply for any voluntary personnel action; and 
"(ii) shall be separated or retired— 
"(I) in the case of a technician first hired as a techni-
cian on or before February 10, 1996, and who on the 
date of the enactment of this section is a non-dual status 
technician, not later than 30 days after becoming eligible 
for an unreduced annuity; and 
"(II) in the case of a technician first hired as a techni-
cian after February 10, 1996, and who on the date of 
the enactment of this section is a non-dual status techni-
cian, not later than one year after the date on which 
dual status is lost. 
"(3) An individual employed by the Army Reserve or the Air 
Force Reserve as a non-dual status technician who is ineligible 
for appointment to a military technician (dual status) position, 
or who decides not to apply for appointment to such a position, 
or who, within six months of the date of the enactment of this 
section is not appointed to such a position, shall for reduction-
note. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 597 
in-force purposes be in a separate competitive category from 
employees who are military technicians (dual status). 
"(c) UNREDUCED ANNUITY DEFINED.—For purposes of this sec-
tion, a technician shall be considered to be eligible for an unreduced 
annuity if the technician, is eligible for an annuity under section 
8336, 8412, or 8414 of title 5 that is not subject to a reduction 
by reason of the age or years of service of the technician. 
"(d) VOLUNTARY PERSONNEL ACTION DEFINED.—In this section, 
the term Voluntary personnel action', with respect to a non-dual 
status technician, means any of the following: 
"(1) The hiring, entry, appointment, reassignment, pro-
motion, or transfer of the technician into a position for which 
the Secretary concerned has established a requirement that 
the person occup3ang the position be a military technician (dual 
status). 
"(2) Promotion to a higher grade if the technician is in 
a position for which the Secretary concerned has established 
a requirement that the person occupying the position be a 
military technician (dual status).". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"10218. Army and Air Force Reserve technicians: conditions for retention; manda-
tory retirement under civil service laws.". 
(3) During the six-month period beginning on the date of the 
Effective date, 
enactment of this Act, the provisions of subsections (a)(3)(B)(ii)(I) Applicability, 
and (b)(2)(B)(ii)(I) of section 10218 of title 10, United States Code, J^YSC 10218 
as added by paragraph (1), shall be applied by substituting "six 
months" for "30 days". 
(b) EARLY RETIREMENT.—Section 8414(c) of title 5, United 
States Code, is amended to read as follows: 
"(c)(1) An employee who was hired as a military reserve techni-
cian on or before February 10, 1996 (under the provisions of this 
title in effect before that date), and who is separated from technician 
service, after becoming 50 years of age and completing 25 years 
of service, by reason of being separated from the Selected Reserve 
of the employee's reserve component or ceasing to hold the military 
grade specified by the Secretary concerned for the position held 
by the employee is entitled to an annuity. 
"(2) An employee who is initially hired as a military technician 
(dual status) after February 10, 1996, and who is separated from 
the Selected Reserve or ceases to hold the military grade specified 
by the Secretary concerned for the position held by the technician— 
"(A) after completing 25 years of service as a military 
technician (dual status), or 
"(B) after becoming 50 years of age and completing 20 
years of service as a military technician (dual status), 
is entitled to an annuity.". 
(c) CONFORMING AMENDMENTS.—Chapter 84 of title 5, United 
States Code, is amended as follows: 
(1) Section 8415(g)(2) is amended by striking "military 
reserve technician" and inserting "military technician (dual 
status)". 
(2) Section 8401(30) is amended to read as follows: 
"(30) the term 'military technician (dual status)' means 
an employee described in section 10216 of title 10;". 
(d) DISABILITY RETIREMENT.—Section 8337(h) of title 5, United 
States Code, is amended— 
113 STAT. 598 
PUBLIC LAW 106-65—OCT. 5, 1999 
Effective dates. 
(1) in paragraph (1)— 
(A) by inserting "or section 10216 of title 10" after 
"title 32"; 
(B) by striking "such title" and all that follows through 
the period and inserting "title 32 or section 10216 of title 
10, respectively, to be a member of the Selected Reserve."; 
(2) in paragraph (2)(A)(i)— 
(A) by inserting "or section 10216 of title 10" after 
"title 32"; and 
(B) by striking "National Guard or from holding the 
military grade required for such employment" and inserting 
"Selected Reserve"; and 
(3) in paragraph (3)(C), by inserting "or section 10216 of 
title 10" after "title 32". 
SEC. 523. REVISION TO NON-DUAL STATUS TECHNICIANS STATUTE. 
(a) REVISION.—Section 10217 of title 10, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) by striking "military" after "non-dual status" in 
the matter preceding paragraph (1); and 
(B) by striking paragraphs (1) and (2) and inserting 
the following: 
"(1) was hired as a technician before November 18, 1997, 
under any of the authorities specified in subsection (b) and 
as of that date is not a member of the Selected Reserve or 
after such date has ceased to be a member of the Selected 
Reserve; or 
"(2) is employed under section 709 of title 32 in a position 
designated under subsection (c) of that section and when hired 
was not required to maintain membership in the Selected 
Reserve."; and 
(2) by adding at the end the following new subsection: 
"(c) 
PERMANENT 
LIMITATIONS 
ON 
NUMBER.—(1) 
Effective 
October 1, 2007, the total number of non-dual status technicians 
employed by the Army Reserve and Air Force Reserve may not 
exceed 175. If at any time after the preceding sentence takes 
effect the number of non-dual status technicians employed by the 
Army Reserve and Air Force Reserve exceeds the number specified 
in the limitation in the preceding sentence, the Secretary of Defense 
shall require that the Secretary of the Army or the Secretary 
of the Air Force, or both, take immediate steps to reduce the 
number of such technicians in order to comply with such limitation. 
"(2) Effective October 1, 2001, the total number of non-dual 
status technicians employed by the National Guard may not exceed 
1,950. If at any time after the preceding sentence takes effect 
the number of non-dual status technicians employed by the National 
Guard exceeds the number specified in the limitation in the pre-
ceding sentence, the Secretary of Defense shall require that the 
Secretary of the Army or the Secretary of the Air Force, or both, 
take immediate steps to reduce the number of such technicians 
in order to comply with such limitation.". 
(b) CONFORMING AMENDMENTS.—The heading of such section 
and the item relating to such section in the table of sections at 
the beginning of chapter 1007 of such title are each amended 
by striking the penultimate word. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 599 
SEC. 524. REVISION TO AUTHORITIES RELATING TO NATIONAL GUARD 
TECHNICIANS. 
Section 709 of title 32, United States Code, is amended to 
read as follows: 
''§ 709. Technicians: employment, use, status 
"(a) Under regulations prescribed by the Secretary of the Army Regulations, 
or the Secretary of the Air Force, as the case may be, and subject 
to subsections (b) and (c), persons may be employed as technicians 
in— 
"(1) the administration and training of the National Guard; 
and 
"(2) the maintenance and repair of supplies issued to the 
National Guard or the armed forces. 
"(b) Except as authorized in subsection (c), a person employed 
under subsection (a) must meet each of the following requirements: 
"(1) Be a military technician (dual status) as defined in 
section 10216(a) of title 10. 
"(2) Be a member of the National Guard. 
"(3) Hold the military grade specified by the Secretary 
concerned for that position. 
"(4) While performing duties as a military technician (dual 
status), wear the uniform appropriate for the member's grade 
and component of the armed forces. 
"(c)(1) A person may be employed under subsection (a) as a 
non-dual status technician (as defined by section 10217 of title 
10) if the technician position occupied by the person has been 
designated by the Secretary concerned to be filled only by a non-
dual status technician. 
"(2) The total number of non-dual status technicians in the 
National Guard is specified in section 10217(c)(2) of title 10. 
"(d) The Secretary concerned shall designate the adjut£ints gen-
eral referred to in section 314 of this title to employ and administer 
the technicians authorized by this section. 
"(e) A technician employed under subsection (a) is an employee 
of the Department of the Army or the Department of the Air 
Force, as the case may be, and an employee of the United States. 
However, a position authorized by this section is outside the 
competitive service if the technician employed in that position is 
required under subsection (b) to be a member of the National 
Guard. 
"(f) Notwithstanding any other provision of law and under 
regulations prescribed by the Secretary concerned— 
"(1) a person employed tinder subsection (a) who is a mili-
tary technician (dual status) and otherwise subject to the 
requirements of subsection (b) who— 
"(A) is separated from the National Guard or ceases 
to hold the military grade specified by the Secretary con-
cerned for that position shall be promptly separated from 
military technician (dual status) employment by the adju-
tant general of the jurisdiction concerned; and 
"(B) fails to meet the military security standards estab-
lished by the Secretary concerned for a member of a reserve 
component under his jurisdiction may be separated from 
employment as a military technician (dual status) 2ind 
concurrently discharged from the National Guard by the 
adjutant general of the jurisdiction concerned; 
113 STAT. 600 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(2) a technician may, at any time, be separated from 
his technician employment for cause by the adjutant general 
of the jurisdiction concerned; 
"(3) a reduction in force, removal, or an adverse action 
involving discharge from technician employment, suspension, 
furlough without pay, or reduction in rank or compensation 
shall be accomplished by the adjutant general of the jurisdiction 
concerned; 
"(4) a right of appeal which may exist with respect to 
paragraph (1), (2), or (3) shall not extend beyond the adjutant 
general of the jurisdiction concerned; and 
"(5) a technician shall be notified in writing of the termi-
nation of his employment as a technician and, unless the techni-
cian is serving under a temporary appointment, is serving 
in a trial or probationary period, or has voluntarily ceased 
to be a member of the National Guard when such membership 
is a condition of employment, such notification shall be given 
at least 30 days before the termination date of such employ-
ment. 
"(g) Sections 2108, 3502, 7511, and 7512 of title 5 do not 
apply to a person employed under this section. 
"(h) Notwithstanding sections 5544(a) and 6101(a) of title 5 
or any other provision of law, the Secretary concerned may prescribe 
the hours of duty for technicians. Notwithstanding sections 5542 
and 5543 of title 5 or any other provision of law, such technicians 
shall be granted an amount of compensatory time off from their 
scheduled tour of duty equal to the amount of any time spent 
by them in irregular or overtime work, and shall not be entitled 
to compensation for such work. 
"(i) The Secretary concerned may not prescribe for purposes 
of eligibility for Federal recognition under section 301 of this title 
a qualification applicable to technicians employed under subsection 
(a) that is not applicable pursuant to that section to the other 
members of the National Guard in the same grade, branch, position, 
and type of unit or organization involved.". 
10 use 10217 
SEC. 525. EFFECTIVE DATE. 
The amendments made by sections 523 and 524 shall take 
effect 180 days after the date of the receipt by Congress of the 
plan required by section 523(d) of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (PubHc Law 105-85; 111 Stat. 1737) 
or a report by the Secretary of Defense providing an alternative 
proposal to the plan required by that section. 
10 use 113 note. 
SEC. 526. SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN 
COSTING PROCESS. 
(a) REVIEW.—The Secretary of Defense shall review the process 
used by the Army, including use of the Civilian Manpower Obliga-
tion Resources (CMOR) model, to develop estimates of the annual 
authorizations and appropriations required for civilian personnel 
of the Department of the Army generally and for National Guard 
and Army Reserve technicians in particular. Based upon the review, 
the Secretary shall direct that any appropriate revisions to that 
process be implemented. 
(b) PURPOSE OF REVIEW.—The purpose of the review shall be 
to ensure that the process referred to in subsection (a) does the 
following: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 601 
(1) Accurately and ftilly incorporates all the actual cost 
factors for such personnel, including particularly those factors 
necessary to recruit, train, and sustain a qualified technician 
workforce. 
(2) Provides estimates of required annual appropriations 
required to fully fund all the technicians (both dual status 
and non-dual status) requested in the President's budget. 
(3) Eliminates inaccuracies in the process that compel both 
the Army Reserve and the Army National Guard either (A) 
to reduce the number of military technicians (dual status) below 
the statutory floors without corresponding force structure reduc-
tions, or (B) to transfer funds from other appropriations simply 
to provide the required funding for military technicians (dual 
status). 
(c) 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 Representatives a report con-
taining the results of the review undertaken under this section, 
together with a description of corrective actions taken and proposed, 
not later than March 31, 2000. 
SEC. 527. FISCAL YEAR 2000 LIMITATION ON NUMBER OF NON-DUAL 
STATUS TECHNICIANS. 
The number of civilian employees who are non-dual status 
technicians of a reserve component of the Army or Air Force as 
of September 30, 2000, may not exceed the following: 
(1) For the Army Reserve, 1,295. 
(2) For the Army National Guard of the United States, 
1,800. 
(3) For the Air Force Reserve, 0. 
(4) For the Air National Guard of the United States, 342. 
Subtitle D—Service Academies 
Deadline. 
SEC. 531. STRENGTH LIMITATIONS AT THE SERVICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—(1) The Secretary of 
the Army shall take such action as necessary to ensure that the 
United States Military Academy is in compliance with the USMA 
cadet strength limit not later than the day before the last day 
of the 2001-2002 academic year. 
(2) The Secretary of the Army may provide for a variance 
to the USMA cadet strength limit— 
(A) as of the day before the last day of the 1999-2000 
academic year of not more than 5 percent; and 
(B) as of the day before the last day of the 2000-2001 
academic year of not more than 2^2 percent. 
(3) For purposes of this subsection— 
(A) the USMA cadet strength limit is the maximum of 
4,000 cadets established for the Corps of Cadets at the United 
States Military Academy by section 511 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190; 10 U.S.C. 4342 note), reenacted in section 4342(a) 
of title 10, United States Code, by the amendment made by 
subsection (b)(1); and 
(B) the last day of an academic year is graduation day. 
10 u s e 4342 
note. 
Deadline. 
113 STAT. 602 
PUBLIC LAW 106-65—OCT. 5, 1999 
(b) REENACTMENT OF LIMITATION; AUTHORIZED VARIANCE.—(1) 
Section 4342 of title 10, United States Code, is amended— 
(A) in subsection (a), by striking "is as follows:" in the 
matter preceding paragraph (1) and inserting "(determined for 
any year as of the day before the last day of the academic 
year) is 4,000. Subject to that limitation, cadets are selected 
as follows:"; and 
(B) by adding at the end the following new subsection: 
"(i) For purposes of the limitation in subsection (a) establishing 
the aggregate authorized strength of the Corps of Cadets, the Sec-
retary of the Army may for any year (beginning with the 2001-
2002 academic year) permit a variance in that limitation by not 
more than one percent. In appl)dng that limitation, and any such 
variance, the last day of an academic year shall be considered 
to be graduation day.". 
(2) Section 6954 of such title is amended— 
(A) by striking the matter preceding paragraph (1) £ind 
inserting the following: 
"(a) The authorized strength of the Brigade of Midshipmen 
(determined for any year as of the day before the last day of 
the academic year) is 4,000. Subject to that limitation, midshipmen 
are selected as follows:"; and 
(B) by adding at the end the following new subsection: 
"(g) For purposes of the limitation in subsection (a) establishing 
the aggregate authorized strength of the Brigade of Midshipmen, 
the Secretary of the Navy may for any year permit a variance 
in that limitation by not more than one percent. In applying that 
limitation, and any such variance, the last day of an academic 
year shall be considered to be graduation day.". 
(3) Section 9342 of such title is amended— 
(A) in subsection (a), by striking "is as follows:" in the 
matter preceding paragraph (1) and inserting "(determined for 
any year as of the day before the last day of the academic 
year) is 4,000. Subject to that limitation. Air Force Cadets 
are selected as follows:"; and 
(B) by adding at the end the following new subsection: 
"(i) For purposes of the limitation in subsection (a) establishing 
the aggregate authorized strength of Air Force Cadets, the Secretary 
of the Air Force may for any year permit a variance in that limita-
tion by not more than one percent. In applying that limitation, 
and any such variance, the last day of an academic year shall 
be considered to be graduation day.". 
(4) Section 511 of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Pubhc Law 102-190; 10 U.S.C. 4342 
note) is repealed. 
SEC. 532. SUPERINTENDENTS OF THE SERVICE ACADEMIES. 
(a) POSITION OF SUPERINTENDENT REQUIRED To BE TERMINAL 
POSITION.—(1)(A) Chapter 367 of title 10, United States Code, is 
amended by inserting after section 3920 the following new section: 
*
*
§ 3921. Mandatory retirement: Superintendent of the United 
States Military Academy 
"Upon the termination of the detail of an officer to the position 
of Superintendent of the United States Military Academy, the Sec-
retary of the Army shall retire the officer under any provision 
of this chapter under which that officer is eligible to retire.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 603 
(B) Chapter 403 of such title is amended by inserting after 
section 4333 the following new section: 
'*§ 4333a. Superintendent: condition for detail to position 
"As a condition for detail to the position of Superintendent 
of the Academy, an officer shall acknowledge that upon termination 
of that detail the officer shall be retired.". 
(2)(A) Chapter 573 of such title is amended by inserting after 
the table of sections at the beginning of such chapter the following 
new section: 
''§ 6371. Mandatory retirement: Superintendent of the United 
States Naval Academy 
"Upon the termination of the detail of an officer to the position 
of Superintendent of the United States Naval Academy, the Sec-
retary of the Navy shall retire the officer under any provision 
of chapter 571 of this title under which the officer is eligible to 
retire.". 
(B) Chapter 603 of such title is amended by inserting after 
section 6951 the following new section: 
United States Naval 
of the Naval Academy is 
''§ 6951a. Superintendent 
"(a) There is a Superintendent of the 
Academy. The immediate governance 
under the Superintendent. 
"(b) The Superintendent shall be detailed to that position by 
the President. As a condition for detail to that position, an officer 
shall acknowledge that upon termination of that detail the officer 
shall be retired.". 
(3)(A) Chapter 867 of such title is amended by inserting after 
section 8920 the following new section: 
''§ 8921. Mandatory retirement: Superintendent of the United 
States Air Force Academy 
"Upon the termination of the detail of an officer to the position 
of Superintendent of the United States Air Force Academy, the 
Secretary of the Air Force shall retire the officer under any provision 
of this chapter under which the officer is eligible to retire.". 
(B) Chapter 903 of such title is amended by inserting after 
section 9333 the following new section: 
'*§ 9333a. Superintendent: condition for detail to position 
"As a condition for detail to the position of Superintendent 
of the Academy, an officer shall acknowledge that upon termination 
of that detail the officer shall be retired.". 
(4)(A) The table of sections at the beginning of chapter 367 
of title 10, United States Code, is amended by inserting after 
the item relating to section 3920 the following new item: 
"3921. Mandatory retirement: Superintendent of the United States Military Acad-
emy.". 
(B) The table of sections at the beginning of chapter 403 of 
such title is amended by inserting after the item relating to section 
4333 the following new item: 
"4333a. Superintendent: condition for detail to position.". 
Establishment. 
President. 
113 STAT. 604 
PUBLIC LAW 106-65—OCT. 5, 1999 
(C) The table of sections at the beginning of chapter 573 of 
such title is amended by inserting before the item relating to 
section 6383 the following new item: 
"6371. Mandatory retirement: Superintendent of the United States Naval Acad-
emy.". 
(D) The table of sections at the beginning of chapter 603 of 
such title is amended by inserting after the item relating to section 
6951 the following new item: 
"6951a. Superintendent.". 
(E) The table of sections at the beginning of chapter 867 of 
such title is amended by inserting after the item relating to section 
8920 the following new item: 
"8921. Mandatory retirement: Superintendent of the United States Air Force Acad-
emy.". 
(F) The table of sections at the beginning of chapter 903 of 
such title is amended by inserting after the item relating to section 
9333 the following new item: 
"9333a. Superintendent: condition for detail to position.". 
10 use 3921 
(5) The amendments made by this subsection shall not apply 
note. 
to an officer serving on the date of the enactment of this Act 
in the position of Superintendent of the United States Military 
Academy, Superintendent of the United States Naval Academy, 
or Superintendent of the United States Air Force Academy for 
so long as that officer continues on and after that date to serve 
in that position without a break in service. 
(b) EXCLUSION FROM CERTAIN GENERAL AND FLAG OFFICER 
GRADE STRENGTH LIMITATIONS.—Section 525(b) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph: 
"(7) An officer of the Army while serving as Superintendent 
of the United States Military Academy, if serving in the grade 
of lieutenant general, is in addition to the number that would 
otherwise be permitted for the Army for officers serving on active 
duty in grades above major general under paragraph (1). An officer 
of the Navy or Marine Corps while serving as Superintendent 
of the United States Naval Academy, if serving in the grade of 
vice admiral or lieutenant general, is in addition to the number 
that would otherwise be permitted for the Navy or Marine Corps, 
respectively, for officers serving on active duty in grades above 
major general or rear admiral under paragraph (1) or (2). An 
officer while serving as Superintendent of the United States Air 
Force Academy, if serving in the grade of lieutenant general, is 
in addition to the number that would otherwise be permitted for 
the Air Force for officers serving on active duty in grades above 
major general under paragraph (1).". 
SEC. 
5
3
3
. 
DEAN OF ACADEMIC BOARD, 
UNITED STATES MILITARY 
ACADEMY 
AND 
DEAN 
OF 
THE 
FACULTY, UNITED 
STATES 
AIR 
FORCE 
ACADEMY. 
(a) DEAN OF THE ACADEMIC BOARD, USMA.—Section 4335 of 
title 10, United States Code, is amended by adding at the end 
the following new subsection: 
"(c) While serving as Dean of the Academic Board, an officer 
of the Army who holds a grade lower than brigadier general shall 
hold the grade of brigadier general, if appointed to that grade 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 605 
by the President, by and with the advice and consent of the Senate. 
The retirement age of an ofiRcer so appointed is that of a permanent 
professor of the Academy. An officer so appointed is counted for 
purposes of the Hmitation in section 526(a) of this title on general 
officers of the Army on active duty.". 
(b) DEAN OF THE FACULTY, USAFA.—Section 9335 of title 10, 
United States Code, is amended— 
(1) by inserting "(a)" at the beginning of the text of the 
section; and 
(2) by adding at the end the following new subsection: 
"(b) While serving as Dean of the Faculty, an officer of the 
Air Force who holds a grade lower than brigadier general shall 
hold the grade of brigadier general, if appointed to that grade 
by the President, by and with the advice and consent of the Senate. 
The retirement age of an officer so appointed is that of a permanent 
professor of the Academy. An officer so appointed is counted for 
purposes of the limitation in section 526(a) of this title on general 
officers of the Air Force on active duty.". 
SEC. 534. WAIVER OF REIMBURSEMENT OF EXPENSES FOR INSTRUC-
TION AT SERVICE ACADEMIES OF PERSONS FROM FOR-
EIGN COUNTRIES. 
(a) UNITED STATES MILITARY ACADEMY.—Section 4344(b)(3) of 
title 10, United States Code, is amended— 
(1) by striking "35 percent" and inserting "50 percent"; 
and 
(2) by striking "five persons" and inserting "20 persons". 
(b) 
NAVAL ACADEMY.—Section 6957(b)(3) of such title is 
amended— 
(1) by striking "35 percent" and inserting "50 percent"; 
and 
(2) by striking "five persons" and inserting "20 persons". 
(c) AIR FORCE ACADEMY.—Section 9344(b)(3) of such title is 
amended— 
(1) by striking "35 percent" and inserting "50 percent"; 
and 
(2) by striking "five persons" and inserting "20 persons". 
(d) EFFECTIVE DATE.—The amendments made by this section Applicability. 
apply with respect to students from a foreign country entering 10USC4344 
the United States Military Academy, the United States Naval ^°^-
Academy, or the United States Air Force Academy on or after 
May 1, 1999. 
(e) CONFORMING REPEAL.—Section 301 of the 1999 Emergency 
Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 
66) is repealed. 
Ante, p. 66. 
SEC. 535. EXPANSION OF FOREIGN EXCHANGE PROGRAMS OF THE 
SERVICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—Section 4345 of title 
10, United States Code, is amended— 
(1) in subsection (b), by striking "10 cadets" and inserting 
"24 cadets"; and 
(2) in subsection (c)(3), by striking "$50,000" and inserting 
"$120,000". 
(b) UNITED STATES NAVAL ACADEMY.—Section 6957a of such 
title is amended— 
(1) in subsection (b), by striking "10 midshipmen" and 
inserting "24 midshipmen"; and 
113 STAT. 606 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) in subsection (c)(3), by striking "$50,000" and inserting 
"$120,000". 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9345 of such 
title is amended— 
(1) in subsection (b), by striking "10 Air Force cadets" 
and inserting "24 Air Force cadets"; and 
(2) in subsection (c)(3), by striking "$50,000" and inserting 
"$120,000". 
Subtitle E—Education and Training 
SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE INTER-
NATIONAL STUDENT PROGRAM AT THE SENIOR MILITARY 
COLLEGES. 
(a) IN GENERAL.—(1) Chapter 103 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 2111b. Senior military colleges: Department of Defense 
international student program 
"(a) PROGRAM REQUIREMENT.—The Secretary of Defense shall 
establish a program to facilitate the enrollment and instruction 
of persons from foreign countries as international students at the 
senior military colleges. 
"(b) PURPOSES.—The purposes of the program shall be— 
"(1) to provide a high-quality, cost-effective military-based 
educational experience for international students in furtherance 
of the military-to-military program objectives of the Department 
of Defense; and 
"(2) to enhance the educational experience and preparation 
of future United States military leaders through increased, 
extended interaction with highly qualified potential foreign 
military leaders. 
"(c) COORDINATION WITH THE SENIOR MILITARY COLLEGES.— 
Guidelines for implementation of the program shall be developed 
in coordination with the senior military colleges. 
"(d) RECOMMENDATIONS FOR ADMISSION OF STUDENTS UNDER 
THE PROGRAM.—The Secretary of Defense shall annually identify 
to the senior military colleges the international students who, based 
on criteria established by the Secretary, the Secretary recommends 
be considered for admission under the program. The Secretary 
shall identify the recommended international students to the senior 
military colleges as early as possible each year to enable those 
colleges to consider them in a timely manner in their respective 
admissions processes. 
"(e) DOD FINANCIAL SUPPORT.—An international student who 
is admitted to a senior military college under the program under 
this section is responsible for the cost of instruction at that college. 
The Secretary of Defense may, from funds available to the Depart-
ment of Defense other than funds available for financial assistance 
under section 2107a of this title, provide some or all of the costs 
of instruction for any such student.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2111b. Senior military colleges: Department of Defense international student pro-
gram.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 607 
(b) EFFECTIVE DATE.—The Secretary of Defense shall imple-
ment the program under section 2111b of title 10, United States 
Code, as added by subsection (a), with students entering the senior 
military colleges after May 1, 2000. 
(c) REPEAL OF OBSOLETE PROVISION.—Section 2111a(e)(l) of 
title 10, United States Code, is amended by striking the second 
sentence. 
(d) FISCAL YEAR 2000 FUNDING.—Of the amounts made avail-
able to the Department of Defense for fiscal year 2000 pursuant 
to section 301, $2,000,000 shall be available for financial support 
for international students luider section 2111b of title 10, United 
States Code, as added by subsection (a). 
SEC. 542. AUTHORITY FOR ARMY WAR COLLEGE TO AWARD DEGREE 
OF MASTER OF STRATEGIC STUDIES. 
(a) AUTHORITY.—Chapter 401 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§ 4321. United States Army War College: master of strategic 
studies degree 
"Under regulations prescribed by the Secretary of the Army, 
the Commandant of the United States Army War College, upon 
the recommendation of the faculty and dean of the college, may 
confer the degree of master of strategic studies upon graduates 
of the college who have fulfilled the requirements for that degree.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"4321. United States Army War College: master of strategic studies degree.". 
SEC. 543. 
AUTHORITY 
FOR 
AIR 
UNIVERSITY 
TO 
CONFER 
GRADUATE-
LEVEL 
DEGREES. 
(a) IN GENERAL.—Subsection (a) of section 9317 of title 10, 
United States Code, is amended to read as follows: 
"(a) AUTHORITY.—Upon the recommendation of the faculty of 
the appropriate school of the Air University, the commander of 
the Air University may confer— 
"(1) the degree of master of strategic studies upon grad-
uates of the Air War College who fulfill the requirements for 
that degree; 
"(2) the degree of master of military operational art and 
science upon graduates of the Air Command and Staff College 
who fulfill the requirements for that degree; and 
"(3) the degree of master of airpower art and science upon 
graduates of the School of Advanced Airpower Studies who 
fiilfill the requirements for that degree.". 
(b) CLERICAL AMENDMENTS.—(1) The heading for that section 
is amended to read: 
"§ 9317. Air University: graduate-level degrees'*. 
(2) The item relating to that section in the table of sections 
at the beginning of chapter 901 of such title is amended to read 
as follows: 
"9317. Air University: graduate-level degrees.". 
10 u s e 2111b 
note. 
Regulations. 
113 STAT. 608 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 544. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFES-
SIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PRO-
GRAM. 
Section 2126(b) of title 10, United States Code, is amended— 
(1) by striking paragraphs (2) and (3) and inserting the 
following: 
"(2) Service credited under paragraph (1) counts only for the 
award of retirement points for computation of years of service 
under section 12732 of this title and for computation of retired 
pay under section 12733 of this title. 
"(3) The number of points credited to a member under para-
graph (1) for a year of participation in a course of study is 50. 
The points shall be credited to the member for one of the years 
of that participation at the end of each year after the completion 
of the course of study that the member serves in the Selected 
Reserve and is credited under section 12732(a)(2) of this title with 
at least 50 points. The points credited for the participation shall 
be recorded in the member's records as having been earned in 
the year of the participation in the course of study. ; 
(2) by redesignating paragraph (5) as paragraph (6); and 
(3) by inserting after paragraph (4) the following new para-
graph (5): 
"(5) A member of the Selected Reserve may be considered 
to be in an active status while pursuing a course of study under 
this subchapter only for purposes of sections 12732(a) and 12733(3) 
of this title.". 
SEC. 545. PERMANENT AUTHORITY FOR ROTC SCHOLARSHIPS FOR 
GRADUATE STUDENTS. 
Section 2107(c)(2) of title 10, United States Code, is eimended 
to read as follows: 
"(2) The Secretary of the military department concerned may 
provide financial assistance, as described in paragraph (1), to a 
student enrolled in an advanced education program beyond the 
baccalaureate degree level if the student also is a cadet or mid-
shipman in an advanced training program. Not more than 15 per-
cent of the total number of scholarships awarded under this section 
in any year may be awarded under this paragraph.". 
SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR 
SENIOR ROTC CADETS SELECTED FOR ADVANCED 
TRAINING. 
(a) INCREASE.—Section 209(a) of title 37, United States Code, 
is amended by striking "$150 a month" and inserting "$200 a 
month". 
37 use 209 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 1999. 
SEC. 547. CONTINGENT FUNDING INCREASE FOR JUNIOR ROTC PRO-
GRAM. 
(a) IN GENERAL.—(1) Chapter 102 of title 10, United States 
Code, is amended by adding at the end the following new section: 
'*§ 2033. Contingent funding increase 
"If for any fiscal year the amount appropriated for the National 
Guard Challenge Program under section 509 of title 32 is in excess 
of $62,500,000, the Secretary of Defense shall (notwithstanding 
any other provision of law) make the amount in excess of 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 609 
$62,500,000 available for the Junior Reserve Officers' Training 
Corps program under section 2031 of this title, and such excess 
amount may not be used for any other purpose.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2033. Contingent funding increase.". 
(b) EFFECTIVE DATE.—Section 2033 of title 10, United States Applicability. 
Code, as added by subsection (a), shall apply only with respect 
10 USC 2033 
to funds appropriated for fiscal years after fiscal year 1999. 
'^°^^-
SEC. 548. CHANGE FROM ANNUAL TO BIENNIAL REPORTING UNDER 
THE RESERVE COMPONENT MONTGOMERY GI BILL. 
(a) IN GENERAL.—Section 16137 of title 10, United States Code, 
is amended to read as follows: 
"§ 16137. Biennial report to Congress 
"The Secretary of Defense shall submit to Congress a report Deadline, 
not later than March 1 of each odd-numbered year concerning 
the operation of the educational assistance program established 
by this chapter during the preceding two fiscal years. Each such 
report shall include the number of members of the Selected Reserve 
of the Ready Reserve of each armed force receiving, and the number 
entitled to receive, educational assistance under this chapter during 
those fiscal years. The Secretary may submit the report more fre-
quently and adjust the period covered by the report accordingly.". 
(b) CLERICAL AMENDMENT.—The item relating to such section 
in the table of sections at the beginning of chapter 1606 of such 
title is amended to read as follows: 
"16137. Biennial report to Congress.". 
SEC. 549. RECODIFICATION 
AND 
CONSOLIDATION 
OF 
STATUTES 
DENYING FEDERAL GRANTS AND CONTRACTS BY CERTAIN 
DEPARTMENTS AND AGENCIES TO INSTITUTIONS OF 
HIGHER EDUCATION THAT PROHIBIT SENIOR ROTC UNITS 
OR MILITARY RECRUITING ON CAMPUS. 
(a) RECODIFICATION AND CONSOLIDATION FOR LIMITATIONS ON 
FEDERAL GRANTS AND CONTRACTS.—(1) Section 983 of title 10, 
United States Code, is amended to read as follows: 
"§ 983. Institutions of higher education that prevent ROTC 
access or military recruiting on campus: denial of 
grants and contracts from Department of Defense, 
Department of Education, and certain other depart-
ments and agencies 
"(a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO CAM-
PUS.—No funds described in subsection (d)(1) may be provided 
by contract or by grant (including a grant of funds to be available 
for student aid) to an institution of higher education (including 
any subelement of such institution) if the Secretary of Defense 
determines that that institution (or any subelement of that institu-
tion) has a policy or practice (regardless of when implemented) 
that either prohibits, or in effect prevents— 
"(1) the 
Secretary 
of a 
military 
department fi-om 
maintaining, establishing, or operating a unit of the Senior 
Reserve Officer Training Corps (in accordance with section 
654 of this title and other applicable Federal laws) at that 
institution (or any subelement of that institution); or 
113 STAT. 610 
PUBLIC LAW 106-65—OCT. 5, 1999 
Federal Register, 
publication. 
Records. 
"(2) a student at that institution (or any subelement of 
that institution) from enrolling in a unit of the Senior Reserve 
Officer Training Corps at another institution of higher edu-
cation. 
"(b) DENIAL OF FUNDS FOR PREVENTING MILITARY RECRUITING 
ON CAMPUS.—No funds described in subsection (d)(2) may be pro-
vided by contract or by grant (including a grant of funds to be 
available for student aid) to an institution of higher education 
(including any subelement of such institution) if the Secretary of 
Defense determines that that institution (or any subelement of 
that institution) has a policy or practice (regardless of when imple-
mented) that either prohibits, or in effect prevents— 
"(1) the Secretary of a military department or Secretary 
of Transportation from gaining entry to campuses, or access 
to students (who are 17 years of age or older) on campuses, 
for purposes of military recruiting; or 
"(2) access by military recruiters for purposes of military 
recruiting to the following information pertaining to students 
(who are 17 years of age or older) enrolled at that institution 
(or any subelement of that institution): 
"(A) Names, addresses, and telephone listings. 
"(B) Date and place of birth, levels of education, aca-
demic majors, degrees received, £ind the most recent edu-
cational institution enrolled in by the student. 
"(c) EXCEPTIONS.—The limitation established in subsection (a) 
or (b) shall not apply to an institution of higher education (or 
any subelement of that institution) if the Secretary of Defense 
determines that— 
"(1) the institution (and each subelement of that institution) 
has ceased the policy or practice described in that subsection; 
or 
"(2) the institution of higher education involved has a long-
standing policy of pacifism based on historical religious affili-
ation. 
"(d) COVERED FUNDS.—(1) The limitation established in sub-
section (a) applies to the following: 
"(A) Any funds made available for the Department of 
Defense. 
"(B) Any funds made available in a Departments of Labor, 
Health and Human Services, and Education, and Related Agen-
cies Appropriations Act. 
"(2) The limitation established in subsection (b) applies to the 
following: 
"(A) Funds described in paragraph (1). 
"(B) Any funds made available for the Department of 
Transportation. 
"(e) NOTICE OF DETERMINATIONS.—^Whenever the Secretary of 
Defense makes a determination under subsection (a), (b), or (c), 
the Secretary— 
"(1) shall transmit a notice of the determination to the 
Secretary of Education and to Congress; and 
"(2) shall publish in the Federal Register a notice of the 
determination and the effect of the determination on the eligi-
bility of the institution of higher education (and any subelement 
of that institution) for contracts and grants. 
"(f) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—The Secretary 
of Defense shall publish in the Federal Register once every six 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 611 
months a list of each institution of higher education that is currently 
ineligible for contracts and grants by reason of a determination 
of the Secretary under subsection (a) or (b).". 
(2) The item relating to section 983 in the table of sections 
at the beginning of such chapter is amended to read as follows: 
"983. Institutions of higher education that prevent ROTC access or miUtary recruit-
ing on campus: denial of grants and contracts from Department of Defense, 
Department of Education, and certain other departments and agencies.". 
(b) REPEAL OF CODIFIED PROVISIONS.—The following provisions 
of law are repealed: 
(1) Section 558 of the National Defense Authorization Act 
for Fiscal Year 1995 (Pubhc Law 103-337; 10 U.S.C. 503 note). 
(2) Section 514 of the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appro-
priations Act, 1997 (as contained in section 101(e) of division 
A of Public Law 104-208; 110 Stat. 3009-270; 10 U.S.C. 503 
note). 
SEC. 550. ACCRUAL FUNDE^G FOR COAST GUARD MONTGOMERY GI 
BILL LIABILITIES. 
Section 2006 of title 10, United States Code, is amended as 
follows: 
(1) Subsection (a) is amended by striking "Department 
of Defense education liabilities" and inserting "armed forces 
education liabilities". 
(2) Paragraph (1) of subsection (b) is amended to read 
as follows: 
"(1) The term 'armed forces education liabilities' means 
liabilities of the armed forces for benefits under chapter 30 
of title 38 and for Department of Defense benefits under chapter 
1606 of this title.". 
(3) Subsection (b)(2)(C) is amended— 
(A) by inserting "Department of Defense" after "fiiture"; 
and 
(B) by striking "chapter 106" and inserting "chapter 
1606". 
(4) Subsection (c)(1) is amended by inserting "£m.d the Sec-
retary of the Department in which the Coast Guard is oper-
ating" after "Defense". 
(5) Subsection (d) is amended— 
(A) by striking "Department of Defense" and inserting 
"armed forces"; and 
(B) by inserting "the Secretary of the Department in 
which the Coast Guard is operating," after "Secretary of 
Defense,". 
(6) Subsection (f)(5) is amended by inserting "and the 
Department in which the Coast Guard is operating" after 
"Department of Defense". 
(7) Subsection (g) is amended— 
(A) by inserting "and the Secretary of the Department 
in which the Coast Guard is operating" in paragraphs 
(1) and (2) after "The Secretary of Defense"; and 
(B) by striking "of a military department" in paragraph 
(3) and inserting "concerned". 
113 STAT. 612 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle F—Reserve Component 
Management 
SEC. 551. FINANCIAL ASSISTANCE 
PROGRAM FOR 
PURSUIT 
OF 
DEGREES BY OFFICER CANDIDATES IN MARINE CORPS 
PLATOON LEADERS CLASS PROGRAM. 
(a) IN GENERAL.—(1) Part IV of subtitle E of title 10, United 
States Code, is amended by adding at the end the following new 
chapter: 
"CHAPTER 1611—OTHER EDUCATIONAL ASSISTANCE 
PROGRAMS 
"Sec. 
"16401. Marine Corps Platoon Leaders Class program: officer candidates pursuing 
degrees. 
"§ 16401. Marine Corps Platoon Leaders Class program: 
officer candidates pursuing degrees 
"(a) 
AUTHORITY FOR FINANCIAL ASSISTANCE PROGRAM.—The 
Secretary of the Navy may provide financial assistance to an eligible 
enlisted member of the Marine Corps Reserve for expenses of the 
member while the member is pursuing on a full-time basis at 
an institution of higher education a program of education approved 
by the Secretary that leads to— 
"(1) a baccalaureate degree in less them five academic years; 
or 
"(2) a doctor of jurisprudence or bachelor of laws degree 
in not more than three academic years. 
"(b) ELIGIBILITY.—(1) To be eligible for financial assistance 
under this section, an enlisted member of the Marine Corps Reserve 
must— 
"(A) be an officer candidate in the Marine Corps Platoon 
Leaders Class program and have successfully completed one 
six-week (or longer) increment of military training required 
under that program; 
"(B) meet the applicable age requirement specified in para-
graph (2); 
"(C) be enrolled on a full-time basis in a program of edu-
cation referred to in subsection (a) at any institution of higher 
education; and 
"(D) enter into a written agreement with the Secretary 
described in paragraph (3). 
"(2)(A) In the case of a member pursuing a baccalaureate 
degree, the member meets the age requirements of this paragraph 
if the member will be under 27 years of age on June 30 of the 
calendar year in which the member is projected to be eligible 
for appointment as a commissioned officer in the Marine Corps 
through the Marine Corps Platoon Leaders Class program, except 
that if the member has served on active duty, the member may, 
on such date, be any age under 30 years that exceeds 27 years 
by a number of months that is not more than the number of 
months that the member served on active duty. 
"(B) In the case of a member pursuing a doctor of jurisprudence 
or bachelor of laws degree, the member meets the age requirements 
of this paragraph if the member will be under 31 years of age 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 613 
on June 30 of the calendar year in which the member is projected 
to be ehgible for appointment as a commissioned officer in the 
Marine Corps through the Marine Corps Platoon Leaders Class 
program, except that if the member has served on active duty, 
the member may, on such date, be any age under 35 years that 
exceeds 31 years by a number of months that is not more than 
the number of months that the member served on active duty. 
"(3) A written agreement referred to in paragraph (1)(D) is 
an agreement between the member and the Secretary in which 
the member agrees— 
"(A) to accept an appointment as a commissioned officer 
in the Marine Corps, if tendered by the President; 
"(B) to serve on active duty for at least five years; and 
"(C) under such terms and conditions as shall be prescribed 
by the Secretary, to serve in the Marine Corps Reserve until 
the eighth anniversary of the date of the appointment. 
"(c) COVERED EXPENSES.—Expenses for which financial assist-
ance may be provided under this section are— 
"(1) tuition and fees charged by the institution of higher 
education involved; 
"(2) the cost of books; and 
"(3) in the case of a program of education leading to a 
baccalaureate degree, laboratory expenses. 
"(d) AMOUNT.—The amount of financial assistance provided 
to a member under this section shall be prescribed by the Secretary, 
but may not exceed $5,200 for any academic year. 
"(e) LIMITATIONS.—(1) Financial assistance may be provided 
to a member under this section only for three consecutive academic 
years. 
"(2) Not more than 1,200 members may participate in the 
financial assistance program under this section in any academic 
year. 
"(f) FAILURE TO COMPLETE PROGRAM.—(1) A member who 
receives financial assistance under this section may be ordered 
to active duty in the Marine Corps by the Secretary to serve 
in an appropriate enlisted grade for such period as the Secretary 
prescribes, but not for more than four years, if the member— 
"(A) completes the military and academic requirements 
of the Marine Corps Platoon Leaders Class program and refuses 
to accept an appointment as a commissioned officer in the 
Marine Corps when offered; 
"(B) fails to complete the military or academic requirements 
of the Marine Corps Platoon Leaders Class program; or 
"(C) is disenroUed fi'om the Marine Corps Platoon Leaders 
Class program for failure to maintain eligibility for an original 
appointment as a commissioned officer under section 532 of 
this title. 
"(2) The Secretary of the Navy may waive the obligated service 
under paragraph (1) of a person who is not physically qualified 
for appointment under section 532 of this title and later is deter-
mined by the Secretary of the Navy under section 505 of this 
title to be unqualified for service as an enlisted member of the 
Marine Corps due to a physical or medical condition that was 
not the result of misconduct or grossly negligent conduct. 
"(g) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this sec-
tion, the term 'institution of higher education' has the meaning 
113 STAT. 614 
PUBLIC LAW 106-65—OCT. 5, 1999 
10 use 16401 
note. 
Deadline. 
given that term in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001).". 
(2) The tables of chapters at the beginning of subtitle E of 
such title and at the beginning of part IV of such subtitle are 
amended by adding after the item relating to chapter 1609 the 
following new item: 
"1611. Other Educational Assistance Programs 
16401". 
(b) CONFORMING AMENDMENT.—Section 3695(a)(5) of title 38, 
United States Code, is amended by striking "Chapters 106 and 
107" and inserting "Chapters 107, 1606, and 1610". 
(c) COMPUTATION OF CREDITABLE SERVICE.—Section 205 of title 
37, United States Code, is amended by adding at the end the 
following new subsection: 
"(f) Notwithstanding subsection (a), the periods of service of 
a commissioned officer appointed under section 12209 of title 10 
after receiving financial assistance under section 16401 of such 
title that are counted luider this section may not include a period 
of service after January 1, 2000, that the officer performed concur-
rently as a member of the Marine Corps Platoon Leaders Class 
program and the Marine Corps Reserve, except that service after 
that date that the officer performed before commissioning (concur-
rently with the period of service as a member of the Marine Corps 
Platoon Leaders Class program) as an enlisted member on active 
duty or as a member of the Selected Reserve may be so counted.". 
(d) TRANSITION PROVISION.—(1) An enlisted member of the 
Marine Corps Reserve selected for training as an officer candidate 
under section 12209 of title 10, United States Code, before 
implementation of a financial assistance program under section 
16401 of such title (as added by subsection (a)) may, upon applica-
tion, participate in the financial assistance program established 
under section 16401 of such title (as added by subsection (a)) 
if the member— 
(A) is eligible for financial assistance under such section 
16401; 
(B) submits a request for the financial assistance to the 
Secretary of the Navy not later than 180 days after the date 
on which the Secretary establishes the financial assistance 
program; and 
(C) enters into a written agreement described in subsection 
(b)(3) of such section. 
(2) Section 205(f) of title 37, United States Code, as added 
by subsection (c), applies to a member referred to in paragraph 
(1). 
SEC. 552. OPTIONS TO IMPROVE RECRUITING FOR THE ARMY 
RESERVE. 
(a) REVIEW.—The Secretary of the Army shall conduct a review 
of the manner, process, and organization used by the Army to 
recruit new members for the Army Reserve. The review shall seek 
to determine the reasons for the continuing inability of the Army 
to meet recruiting objectives for the Army Reserve and to identify 
measures the Secretary could take to correct that inability. 
(b) REORGANIZATION TO BE CONSIDERED.—Among the possible 
corrective measures to be examined by the Secretary of the Army 
as part of the review shall be a transfer of the recruiting function 
for the Army Reserve firom the Army Recruiting Command to a 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 615 
new, fully resourced recruiting organization under the command 
and control of the Chief, Army Reserve. 
(c) REPORT.—Not later than July 1, 2000, the Secretary shall Deadline, 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report setting forth the results of the review under this section. 
The report shall include a description of any corrective measures 
the Secretary intends to implement. 
SEC. 553. JOINT DUTY ASSIGNMENTS FOR RESERVE COMPONENT 
GENERAL AND FLAG OFFICERS. 
Subsection (b) of section 526 of title 10, United States Code, 
is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
"(2)(A) The Chairman of the Joint Chiefs of Staff may designate 
up to 10 general and flag officer positions on the staffs of the 
commanders of the imiified and specified combatsint commands as 
positions to be held only by reserve component officers who are 
in a general or flag officer grade below lieutenant general or vice 
admiral. Each position so designated shall be considered to be 
a joint duty assignment position for purposes of chapter 38 of 
this title. 
"(B) A reserve component officer serving in a position des-
ignated under subparagraph (A) while on active duty under a 
call or order to active duty that does not specify a period of 180 
days or less shall not be counted for the purposes of the limitations 
under subsection (a) and under section 525 of this title if the 
officer was selected for service in that position in accordance with 
the procedures specified in subparagraph (C). 
"(C) Whenever a vacancy occurs, or is anticipated to occur, 
in a position designated under subparagraph (A)— 
"(i) the Secretary of Defense shall require the Secretary 
of the Army to submit the name of at least one Army reserve 
component officer, the Secretary of the Navy to submit the 
name of at least one Naval Reserve officer and the name 
of at least one Marine Corps Reserve officer, and the Secretary 
of the Air Force to submit the name of at least one Air Force 
reserve component officer for consideration by the Secretary 
for assignment to that position; and 
"(ii) the Chairman of the Joint Chiefs of Staff may submit 
to the Secretary of Defense the name of one or more officers 
(in addition to the officers whose names are submitted pursuant 
to clause (i)) for consideration by the Secretary for assignment 
to that position. 
"(D) Whenever the Secretaries of the military departments 
are required to submit the names of officers under subparagraph 
(C)(i), the Chairman of the Joint Chiefs of Staff shall submit to 
the Secretary of Defense the Chairmein's evaluation of the perform-
ance of each officer whose name is submitted under that subpara-
graph (and of any officer whose name the Chairman submits to 
the Secretary under subparagraph (C)(ii) for consideration for the 
same vacancy). 
"(E) Subparagraph (B) does not apply in the case of an officer 
serving in a position designated under subparagraph (A) if the 
Secretary of Defense, when considering officers for assignment to 
113 STAT. 616 
PUBLIC LAW 106-65—OCT. 5, 1999 
Termination 
date. 
fill the vacancy in that position which was filled by that officer, 
did not have a recommendation for that assignment from each 
Secretary of a military department who (pursuant to subparagraph 
(O) was required to make such a recommendation.". 
SEC. 
554. GRADE 
OF 
CHIEFS 
OF 
BESERVE 
COMPONENTS 
AND 
ADDI-
TIONAL GENERAL OFFICERS 
AT THE NATIONAL GUARD 
BUREAU. 
(a) PROCEDURES FOR APPOINTING RESERVE CHIEFS IN HIGHER 
GRADE.—(1) Chapter 1213 of title 10, United States Code, is 
amended by adding at the end the following new section: 
*'§ 12505. Selection of officers for certain senior reserve 
component positions 
"(a) COVERED POSITIONS.—(1) This section applies to the posi-
tions specified in sections 3038, 5143, 5144, and 8038 and the 
positions of Director, Army National Guard, and Director, Air 
National Guard, specified in subparagraphs (A) and (B) of section 
10506(a)(1) of this title. 
"(2) An officer may be assigned to one of the positions specified 
in paragraph (1) for service in the grade of lieutenant general 
or vice admiral if appointed to that grade for service in that position 
by the President, by and with the advice and consent of the Senate. 
An officer may be recommended to the President for such an 
appointment if selected for appointment to that position in accord-
ance with this section. 
"(b) ELIGIBILITY FOR HIGHER GRADE.—An officer shall be consid-
ered to have been selected for appointment to a position specified 
in subsection (a) in accordance with this section if— 
"(1) the officer is recommended for that appointment by 
the Secretary of the military department concerned; 
"(2) the officer is determined by the Chairman of the Joint 
Chiefs of Staff, in accordance with criteria and as a result 
of a process established by the Chairman, to have significant 
joint duty experience; and 
"(3) the officer is recommended by the Secretary of Defense 
to the President for appointment in accordance with this sec-
tion. 
"(c) 
COUNTING FOR PURPOSES OF GRADE LIMITATIONS.—An 
officer on active duty for service in a position specified in subsection 
(a) who is serving in that position (by reason of selection in accord-
ance with this section) in the grade of lieutenant general or vice 
admiral shall be counted for purposes of the grade limitations 
under sections 525 and 526 of this title. This subsection does 
not affect the counting for those purposes of officers serving in 
those positions under any other provision of law. 
"(d) TRANSITION WAIVER AUTHORITY.—Until October 1, 2002, 
the Secretary of Defense may waive paragraph (2) of subsection 
(b) with respect to the appointment of an officer to a position 
specified in subsection (a) if in the judgment of the Secretary— 
"(1) the officer is qualified for service in the position; and 
"(2) the waiver is necessary for the good of the service. 
Any such waiver shall be made on a case-by-case basis.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"12505. Selection of officers for certain senior reserve component positions.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 617 
(b) CHIEF OF ARMY RESERVE.—Section 3038(c) of title 10, United 
States Code, is amended by adding at the end the following new 
sentence: "However, if selected in accordance with section 12505 
of this title, he may be appointed in the grade of lieutenant gen-
eral.". 
(c) CHIEF OF NAVAL RESERVE.—Section 5143(c)(2) of such title 
is amended— 
(1) by striking "above rear admiral (lower half)" and 
inserting "rear admiral"; and 
(2) by adding at the end the following new sentence: "How-
ever, if selected in accordance with section 12505 of this title, 
he may be appointed in the grade of vice admiral.". 
(d) COMMANDER, MARINE FORCES RESERVE.—Section 5144(c)(2) 
of such title is amended— 
(1) by striking "above brigadier general" and inserting 
"major general"; and 
(2) by adding at the end the following new sentence: "How-
ever, if selected in accordance with section 12505 of this title, 
he may be appointed in the grade of lieutenant general.". 
(e) CHIEF OF AIR FORCE RESERVE.—Section 8038(c) of such 
title is amended by adding at the end the following new sentence: 
"However, if selected in accordance with section 12505 of this title, 
he may be appointed in the grade of lieutenant general.". 
(f) GENERAL OFFICERS FOR THE NATIONAL GUARD BUREAU.— 
Subparagraphs (A) and (B) of section 10506(a)(1) of such title are 
each amended by inserting "or, if appointed to that position in 
accordance with section 12505(a)(2) of this title, the grade of lieuten-
ant general," after "major general". 
(g) EFFECTIVE DATE.—The amendments made by this section 
shall take effect 60 days after the date of the enactment of this 
Act. 
(h) APPLICABILITY TO INCUMBENTS.—(1) If an officer who is 
a covered position incumbent is appointed under the amendments 
made by this section to the grade of lieutengmt general or vice 
admiral, the term of service of that officer in that covered position 
shall not be extended by reason of such appointment. 
(2) For purposes of this subsection: 
(A) The term "covered position incumbent" means a reserve 
component officer who on the effective date specified in sub-
section (g) is serving in a covered position. 
(B) The term "covered position" means a position specified 
in section 12505 of title 10, United States Code, as added 
by subsection (a). 
SEC. 
555. 
DUTIES 
OF 
RESERVES 
ON 
ACTIVE 
DUTY 
IN 
SUPPORT 
OF 
THE 
RESERVES. 
(a) DUTIES.—Section 12310 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (b) as subsection (d) and 
transferring that subsection, as so redesignated, to the end 
of the section; and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b) DUTIES.—A Reserve on active duty as described in sub-
section (a) may be assigned only duties in connection with the 
functions described in that subsection, which may include the fol-
lowing: 
10 use 12505 
note. 
10 use 12505 
note. 
69-194-01 -21 :QL3Part 1 
113 STAT. 618 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(1) Supporting operations or missions assigned in whole 
or in part to reserve components. 
"(2) Supporting operations or missions performed or to 
be performed by— 
"(A) a unit composed of elements from more than one 
component of the same armed force; or 
"(B) a joint forces unit that includes— 
"(i) one or more reserve component units; or 
"(ii) a member of a reserve component whose 
reserve component assignment is in a position in an 
element of the joint forces unit. 
"(3) Advising the Secretary of Defense, the Secretaries of 
the military departments, the Joint Chiefs of Staff, and the 
commanders of the unified combatant command regarding 
reserve component matters.". 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such section 
is further amended— 
(1) in subsection (a), by inserting "GRADE WHEN ORDERED 
TO ACTIVE DUTY.—" after "(a)"; 
(2) in subsection (c)(1), by striking "(c)(1) A Reserve" and 
inserting "(c) DUTIES RELATING TO DEFENSE AGAINST WEAPONS 
OF MASS DESTRUCTION.—(1) Notwithstanding subsection (b), 
a Reserve"; and 
(3) in subsection (d), as redesignated and transferred by 
subsection (a)(1), by inserting "TRAINING.—" before "A Reserve". 
(c) REPORT ON THE USE OF RESERVES ON ACTIVE DUTY IN 
SUPPORT OF THE RESERVES.—(1) The Secretary of Defense shall 
review how the Reserves on active duty in support of the reserves 
are or will be used in relation to the duties set forth under sub-
section (b) of section 12310 of title 10, United States Code, as 
added by subsection (a)(2). 
Deadline. 
(2) Not later than March 1, 2000, the Secretary shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the results of the review under 
paragraph (1). The report shall include the following: 
(A) An itemization and description, shown by operation 
or mission referred to in subsection (b) of section 12310 of 
title 10, United States Code, as added by subsection (a)(2), 
of the numbers of Reserves on active duty involved in each 
of those operations and missions. 
(B) An assessment and recommendation as to whether 
the Reserves on active duty in support of the reserves should 
be managed as a separate personnel category in which they 
compete only among themselves for promotion, retention, school 
selection, command, and other centrally selected personnel 
actions. 
(C) An assessment and recommendation as to whether 
those Reserves should be considered as being part of their 
respective active component for purposes of management of 
end strengths and whether funds for those Reserves should 
be provided from appropriations for active component military 
personnel (rather than reserve component personnel). 
(D) An assessment and recommendations for changes in 
the existing officer and enlisted personnel systems required 
as a result of the amendments to section 12310 of title 10, 
United States Code, made by subsection (a), with such assess-
ment to t£ike a comprehensive life-cycle approach to the careers 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 619 
of those Reserves and how those careers should be managed, 
with special attention to issues related to accession, promotion, 
professional development, retention, separation and retirement. 
SEC. 556. REPEAL OF LIMITATION ON NUMBER OF RESERVES ON 
FULL-TIME ACTIVE DUTY IN SUPPORT OF PREPAREDNESS 
FOR RESPONSES TO EMERGENCIES INVOLVING WEAPONS 
OF MASS DESTRUCTION. 
(a) REPEAL.—Paragraph (4) of section 12310(c) of title 10, 
United States Code, is amended by striking the first sentence. 
(b) CONFORMING AMENDMENTS.—Paragraph (6) of such section 
is amended— 
(1) by striking "or to increase the number of personnel 
authorized by paragraph (4)" in the matter preceding subpara-
graph (A); and 
(2) in subparagraph (A), by striking "or for the requested 
additional personnel" and all that follows through "Federal 
levels". 
SEC. 557. ESTABLISHMENT 
OF 
OFFICE 
OF THE COAST 
GUARD 
RESERVE. 
(a) ESTABLISHMENT.—Chapter 3 of title 14, United States Code, 
is amended by adding at the end the following new section: 
"§ 53. Office of the Coast Guard Reserve; Director 
"(a) ESTABLISHMENT OF OFFICE; DIRECTOR.—There is in 
the 
executive part of the Coast Guard an Office of the Coast Guard 
Reserve. The head of the Office is the Director of the Coast Guard 
Reserve. The Director of the Coast Guard Reserve is the principal 
adviser to the Commandant on Coast Guard Reserve matters and 
may have such additional functions as the Commandant may direct. 
"(b) APPOINTMENT.—The President, by and with the advice President. 
and consent of the Senate, shall appoint the Director of the Coast Congress. 
Guard Reserve, 
fi*om 
officers of the Coast Guard who— 
"(1) have had at least 10 years of commissioned service; 
"(2) are in a grade above captain; and 
"(3) have been recommended by the Secretary of Transpor-
tation. 
"(c) TERM.—(1) The Director of the Coast Guard Reserve holds 
office for a term determined by the President, normally two years, 
but not more than four years. An officer may be removed from 
the position of Director for cause at any time. 
"(2) The Director of the Coast Guard Reserve, while so serving, 
holds a grade above Captain, without vacating the officer's perma-
nent grade. 
"(d) BUDGET.—The Director of the Coast Guard Reserve is 
the official within the executive part of the Coast Guard who, 
subject to the authority, direction, and control of the Secretary 
of Transportation and the Commandant, is responsible for prepara-
tion, justification, and execution of the personnel, operation and 
maintenance, and construction budgets for the Coast Guard 
Reserve. As such, the Director of the Coast Guard Reserve is 
the director and functional manager of appropriations made for 
the Coast Guard Reserve in those areas. 
"(e) ANNUAL REPORT.—The Director of the Coast Guard Reserve 
shall submit to the Secretary of Transportation and the Secretary 
of Defense an annual report on the state of the Coast Guard 
Reserve and the ability of the Coast Guard Reserve to meet its 
113 STAT. 620 
PUBLIC LAW 106-65—OCT. 5, 1999 
missions. The report shall be prepared in conjunction with the 
Commandant and may be submitted in classified and unclassified 
versions.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 52 the following new item: 
"53. Office of the Coast Guard Reserve; Director.". 
SEC. 558. REPORT ON USE OF NATIONAL GUARD FACILITIES AND 
INFRASTRUCTURE FOR SUPPORT OF PROVISION OF SERV-
ICES TO VETERANS. 
(a) REPORT.—The Chief of the National Guard Bureau shall 
submit to the Secretary of Defense a report, to be prepared in 
consultation with the Secretary of Veterans Affairs, assessing the 
feasibility and desirability of using the facilities and electronic 
infrastructure of the National Guard for support of the provision 
of services to veterans by the Secretary of Veterans Affairs. The 
report shall include an assessment of any costs and benefits associ-
ated with the use of those facilities and that infi-astructure for 
that purpose. 
(b) TRANSMITTAL TO CONGRESS.—The Secretary of Defense 
shall, not later than April 1, 2000, transmit to Congress the report 
submitted to the Secretary under subsection (a), together with 
any comments on the report consistent with the requirements of 
section 18235 of title 10, United States Code, that the Secretary 
considers appropriate. 
. Subtitle G—Decorations, Awards, and 
Commendations 
SEC. 561. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN 
DECORATIONS TO CERTAIN PERSONS. 
(a) WAIVER.—Any limitation established by law or policy for 
the time within which a recommendation for the award of a military 
decoration or award must be submitted shall not apply to awards 
of decorations described in this section, the award of each such 
decoration having been determined by the Secretary concerned to 
be warranted in accordance with section 1130 of title 10, United 
States Code. 
Applicability. 
(b) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to 
the award of the Distinguished Flying Cross for service during 
World War II or Korea (including multiple awards to the same 
individual) in the case of each individual concerning whom the 
Secretary of the Navy (or an officer of the Navy acting on behalf 
of the Secretary) submitted to the Committee on Armed Services 
of the House of Representatives and the Committee on Armed 
Services of the Senate, during the period beginning on October 
17, 1998, and ending on the day before the date of the enactment 
of this Act, a notice as provided in section 1130(b) of title 10, 
United States Code, that the award of the Distinguished Flying 
Cross to that individual is warranted and that a waiver of time 
restrictions prescribed by law for recommendation for such award 
is recommended. 
Applicability. 
(c) COAST GUARD COMMENDATION M E D A L . — S u b s e c t i o n (a) 
applies to the award of the Coast Guard Commendation Medal 
to Mark H. Freeman, of Seattle, Washington for heroic achievement 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 621 
performed in a manner above that normally to be expected during 
rescue operations for the S.S. Seagate, in September 1956, while 
serving as a member of the Coast Guard at Gray Harbor Lifeboat 
Station, Westport, Washington. 
SEC. 
562. 
AUTHORITY 
FOR 
AWARD 
OF 
MEDAL 
OF 
HONOR 
TO 
ALFRED 
RASCON 
FOR 
VALOR 
DURING 
THE 
VIETNAM 
CONFLICT. 
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Army, the President may 
award the Medal of Honor under section 3741 of that title to 
Alfred Rascon, of Laurel, Maryland, for the acts of valor described 
in subsection (b). 
(b) ACTION DESCRIBED.—The acts of valor referred to in sub-
section (a) are the actions of Alfred Rascon on March 16, 1966, 
as an Army medic, serving in the grade of Specialist Four in 
the Republic of Vietnam with the Reconnaissance Platoon, Head-
quarters Company, 1st Battalion, 503rd Infantry, 173rd Airborne 
Brigade (Separate), during a combat operation known as Silver 
City. 
SEC. 563. ELIMINATION OF CURRENT BACKLOG OF REQUESTS FOR 
REPLACEMENT OF MILITARY DECORATIONS. 
(a) 
ELIMINATION OF CURRENT BACKLOG.—The Secretary of 
Defense shall eliminate the backlog (as of the date of the enactment 
of this Act) of requests made to the Department of Defense for 
the issuance or replacement of military decorations for members 
or former members of the Armed Forces. 
(b) CONDITION.—The Secretary shall allocate funds and other 
resources in order to carry out subsection (a) in a manner that 
does not detract from the performance of other personnel service 
and personnel support activities within the Department of Defense. 
(c) REPORT.—Not later than 45 days after the date of the Deadline, 
enactment of this Act, the Secretary shall submit to Congress 
a report on the status of the elimination of the backlog described 
in subsection (a). The report shall include a plan for preventing 
accumulation of backlogs in the future. 
(d) DECORATION DEFINED.—For the purposes of this section, 
the term "decoration" means a medal or other decoration that 
a member or former member of the Armed Forces was awarded 
by the United States with respect to service in the Armed Forces. 
SEC. 564. RETROACTIVE AWARD OF NAVY COMBAT ACTION RIBBON. 
The Secretary of the Navy may award the Navy Combat Action 
Ribbon (established by Secretary of the Navy Notice 1650, dated 
February 17, 1969) to a member of the Navy or Marine Corps 
for participation in ground or surface combat during any period 
on or after December 7, 1941, £ind before March 1, 1961 (the 
date of the otherwise applicable limitation on retroactivity for the 
award of such decoration), if the Secretary determines that the 
member has not been previously recognized in an appropriate 
manner for such participation. 
SEC. 565. SENSE OF CONGRESS CONCERNING PRESIDENTIAL UNIT 
CITATION FOR CREW OF THE U.S.S. INDIANAPOLIS. 
(a) FINDINGS.—Congress reaffirms the findings made in section 
1052(a) of the National Defense Authorization Act for Fiscal Year 
113 STAT. 622 
PUBLIC LAW 106-65—OCT. 5, 1999 
Raymond 
Spruance. 
William F. 
Halsey. 
1995 (Public Law 103-337; 108 Stat. 2844) that the heavy cruiser 
U.S.S. INDIANAPOLIS (CA-35)— 
(1) served the people of the United States with valor and 
distinction throughout World War II in action against enemy 
forces in the Pacific Theater of Operations fi*om December 
7, 1941 to July 29, 1945; 
(2) with her courageous and capable crew, compiled an 
impressive combat record during the war in the Pacific, 
receiving in the process 10 battle stars in actions from the 
Aleutians to Okinawa; 
(3) rendered invaluable service in anti-shipping, shore 
bombardment, anti-air, and invasion support roles and serving 
as flagship for the Fifth Fleet under Admiral Ra5nmond 
Spruance and flagship for the Third Fleet imder Admiral Wil-
liam F. Halsey; and 
(4) transported the world's first operational atomic bomb 
fi-om the United States to the Island of Tinian, accomplishing 
that mission at a record average speed of 29 knots. 
(b) FURTHER FINDINGS.—Congress further finds that— 
(1) from participation in the earliest offensive actions in 
the Pacific during World War II to her pivotal role in delivering 
the weapon that brought the war to an end, the U.S.S. 
INDIANAPOLIS and her crew left an indelible imprint on 
the Nation's struggle to eventual victory in the war in the 
Pacific; and 
(2) the selfless, courageous, and outstanding performance 
of duty by that ship and her crew throughout the war in 
the Pacific reflects great credit upon the ship and her crew, 
thus upholding the very highest traditions of the United States 
Navy. 
(c) SENSE OF CONGRESS.—(1) It is the sense of Congress that 
the President should award a Presidential Unit Citation to the 
crew of the U.S.S. INDIANAPOLIS (CA-35) in recognition of the 
courage and skill displayed by the members of the crew of that 
vessel throughout World War II. 
(2) A citation described in paragraph (1) may be awarded with-
out reg£Q"d to any provision of law or regulation prescribing a 
time limitation that is otherwise applicable with respect to rec-
ommendation for, or the award of, such a citation. 
Subtitle H—Matters Related to Recruiting 
SEC. 571. ACCESS TO SECONDARY SCHOOL STUDENTS FOR MILITARY 
RECRUITING PURPOSES. 
Section 503 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(c) Each local educational agency is requested to provide to 
the Department of Defense, upon a request made for military 
recruiting purposes, the same access to secondary school students, 
and to directory information concerning such students, as is pro-
vided generally to post-secondary educational institutions or to 
prospective employers of those students.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 623 
SEC. 572. INCREASED 
AUTHORITY 
TO EXTEND DELAYED 
ENTRY 
PERIOD FOR ENLISTMENTS OF PERSONS WITH NO PRIOR 
MILITARY SERVICE. 
(a) MAXIMUM PERIOD OF EXTENSION.—Section 513(b)(1) of title 
10, United States Code, is amended by striking "180 days" in 
the second sentence and inserting "365 days". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) Applicability, 
shall take effect on October 1, 1999, and shall apply with respect 
lo USC 513 note. 
to enlistments entered into, on or after that date. 
SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM. 
10 USC 513 note. 
(a) PROGRAM REQUIRED.—The Secretary of the Army shall 
establish a pilot program (to be known as the "Army College First" 
program) to assess whether the Army could increase the number 
of, and the level of the qualifications of, persons entering the Army 
as enlisted members by encouraging recruits to pursue higher edu-
cation or vocational or technical training before entry into active 
service in the Army. 
(b) 
DELAYED ENTRY WITH ALLOWANCE FOR HIGHER 
EDU-
CATION.—Under the pilot program, the Secretary may exercise the 
authority imder section 513 of title 10, United States Code— 
(1) to accept the enlistment of a person as a Reserve 
for service in the Selected Reserve or Individual Ready Reserve 
of the Army Reserve or, notwithstanding the scope of the 
authority under subsection (a) of that section, in the Army 
National Guard of the United States; 
(2) to authorize, notwithstanding the period limitation in 
subsection (b) of that section, a delay of the enlistment of 
any such person in a regular component under that subsection 
for the period during which the person is enrolled in, and 
pursuing a program of education at, an institution of higher 
education, or a program of vocational or technical training, 
on a full-time basis that is to be completed within two years 
after the date of such enlistment as a Reserve under paragraph 
(1); and 
(3) in the case of a person enlisted in a reserve component 
for service in the Individual Ready Reserve, pay an allowance 
to the person for each month of that period. 
(c) MAXIMUM PERIOD OF DELAY.—The period of delay authorized 
a person under paragraph (2) of subsection (b) may not exceed 
the two-year period beginning on the date of the person's enlistment 
accepted under paragraph (1) of such subsection. 
(d) AMOUNT OF ALLOWANCE.—(1) The monthly allowance paid 
under subsection (b)(3) is $150. The allowance may not be paid 
for more than 24 months. 
(2) An allowance under this section is in addition to any other 
pay or allowance to which a member of a reserve component is 
entitled by reason of participation in the Ready Reserve of that 
component. 
(e) COMPARISON GROUP.—To perform the assessment under 
subsection (a), the Secretary may define and study any group not 
including persons receiving a benefit under subsection (b) and com-
psire that group with any group or groups of persons who receive 
such benefits luider the pilot program. 
(f) DURATION OF PILOT PROGRAM.—The pilot program shall 
be in effect during the period beginning on October 1, 1999, and 
ending on September 30, 2004. 
113 STAT. 624 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
(g) REPORT.—Not later than February 1, 2004, the Secretary 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the pilot program. 
The report shall include the following: 
(1) The assessment of the Secretary regarding the value 
of the authority under this section for achieving the objectives 
of increasing the number of, and the level of the qualifications 
of, persons entering the Army as enlisted members. 
(2) Any recommendation for legislation or other action that 
the Secretary considers appropriate to achieve those objectives 
through grants of entry delays and financial benefits for 
advanced education and training of recruits. 
SEC. 574. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS 
PURPOSES. 
(a) AUTHORITY.—Subchapter II of chapter 134 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
'*§ 2257. Use of recruiting materials for public relations 
"The Secretary of Defense may use for public relations purposes 
of the Department of Defense any advertising materials developed 
for use for recruitment and retention of personnel for the armed 
forces. Any such use shall be under such conditions and subject 
to such restrictions as the Secretary of Defense shall prescribe.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
"2257. Use of recruiting materials for public relations.". 
Subtitle I—Matters Relating to Missing 
Persons 
SEC. 575. NONDISCLOSURE OF DEBRIEFING INFORMATION ON CER-
TAIN MISSING PERSONS PREVIOUSLY RETURNED TO 
UNITED STATES CONTROL. 
Section 1506 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(f) NONDISCLOSURE OF CERTAIN INFORMATION.—A record of 
the content of a debriefing of a missing person returned to United 
States control during the period beginning on July 8, 1959, and 
ending on February 10, 1996, that was conducted by an official 
of the United States authorized to conduct the debriefing is privi-
leged information and, notwithstanding sections 552 and 552a of 
title 5, may not be disclosed, in whole or in part, under either 
such section. However, this subsection does not limit the responsi-
bility of the Secretary concerned under paragraphs (2) and (3) 
of subsection (d) to place extracts of non-derogatory information, 
or a notice of the existence of such information, in the personnel 
file of a missing person.". 
10 u s e 1501 
SEC. 576. RECOVERY AND IDENTIFICATION OF REMAINS OF CERTAIN 
note. 
WORLD WAR II SERVICEMEN LOST IN PACIFIC THEATER 
OF OPERATIONS. 
(a) RECOVERY OF REMAINS.—(1) The Secretary of Defense shall 
make every reasonable effort to search for, recover, and identify 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 625 
the remains of United States servicemen lost in the Pacific theater 
of operations during World War II (including in New Guinea) while 
engaged in flight operations. 
(2) In order to provide high priority to canying out paragraph 
(1), the Secretary of Defense shall consider increasing the number 
of personnel assigned to the Central Identification Laboratory, 
Hawaii. 
(3) Not later than September 30, 2000, the Secretary shall 
submit to Congress a report setting forth the efforts made to accom-
plish the objectives specified in paragraph (1). The Secretary shall 
include in the report a statement of the backlog of cases at the 
Central Identification Laboratory, Hawaii, shown by conflict, and 
the status of the joint manning plan required by section 566(c) 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (Pubhc Law 105-261; 112 Stat. 2029) 
(b) DIPLOMATIC INTERVENTION IF REQUIRED.—The Secretary 
of State, upon request by the Secretary of Defense, shall work 
with officials of governments of nations in the area that was covered 
by the Pacific theater of operations of World War II to seek to 
overcome any diplomatic obstacles that may impede the Secretary 
of Defense from carrying out the objectives specified in subsection 
(a)(1). 
Deadline. 
Reports. 
Subtitle J—Other Matters 
SEC. 
577. AUTHORITY FOR SPECIAL COURTS-MARTIAL TO IMPOSE 
SENTENCES 
TO 
CONFINEMENT 
AND 
FORFEITURES 
OF 
PAY 
OF 
UP 
TO 
ONE 
YEAR. 
(a) MAXIMUM PUNISHMENTS THAT MAY BE ADJUDGED BY A 
SPECIAL COURT-MARTIAL.—Section 819 of title 10, United States 
Code (article 19 of the Uniform Code of Military Justice), is 
amended— 
(1) in the second sentence, by striking "six months" both 
places it appears and inserting "one year"; and 
(2) in the third sentence, by inserting after "A bad conduct 
discharge" the following: ", confinement for more thain six 
months, or forfeiture of pay for more than six months". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the first day of the sixth month beginning 
after the date of the enactment of this Act and shall applj'^ with 
respect to charges referred on or after that effective date to trial 
by special courts-martial. 
SEC. 
578. FUNERAL 
HONORS 
DETAILS 
FOR 
FUNERALS 
OF 
VETERANS. 
(a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—(1) Subsection 
(a) of section 1491 of title 10, United States Code, is amended 
to read as follows: 
"(a) 
AVAILABILITY OF FUNERAL HONORS DETAIL ENSURED.— 
The Secretary of Defense shall ensure that, upon request, a funeral 
honors detail is provided for the funeral of any veteran.". 
(2) Section 1491(a) of title 10, United States Code, as amended 
by paragraph (1), shall apply with respect to funerals that occur 
after December 31, 1999. 
(b) COMPOSITION OF FUNERAL HONORS DETAILS.—(1) Subsection 
(b) of such section is amended— 
Applicability. 
10 u s e 819 note. 
Applicability. 
Effective date. 
10 u s e 1491 
note. 
113 STAT. 626 
PUBLIC LAW 106-65—OCT. 5, 1999 
Notification. 
(A) by striking "HONOR GUARD DETAILS.—" and inserting 
"FUNERAL HONORS DETAILS.—(1)"; 
(B) by striking "an honor guard detail" and inserting "a 
funeral honors detail"; and 
(C) by striking "not less than three persons" and all that 
follows and inserting "two or more persons.". 
(2) Subsection (c) of such section is amended— 
(A) by striking "(c) PERSONS FORMING HONOR GUARDS.— 
An honor guard detail" and inserting "(2) At least two members 
of the funeral honors detail for a veteran's funeral shall be 
members of the armed forces, at least one of whom shall be 
a member of the armed force of which the veteran was a 
member. The remainder of the detail"; and 
(B) by striking the second sentence and inserting the fol-
lowing: "Each member of the armed forces in the detail shall 
wear the uniform of the member's armed force while serving 
in the detail.". 
(c) CEREMONY, SUPPORT, AND WAIVER.—Such section is further 
amended— 
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (f), (g), £uid (h), respectively; and 
(2) by inserting after subsection (b) the following new sub-
sections: 
"(c) CEREMONY.—^A funeral honors detail shall, at a minimum, 
perform at the funeral a ceremony that includes the folding of 
a United States flag and presentation of the flag to the veteran's 
family and the pla)ang of Taps. Unless a bugler is a member 
of the detail, the funeral honors detail shall play a recorded version 
of Taps using audio equipment which the detail shall provide if 
adequate audio equipment is not otherwise available for use at 
the funeral. 
"(d) SUPPORT.—To provide a funeral honors detail under this 
section, the Secretary of a military department may provide the 
following: 
"(1) Tr£uisportation, or reimbursement for transportation, 
and expenses for a person who participates in the funeral 
honors detail and is not a member of the armed forces or 
an employee of the United States. 
"(2) Materiel, equipment, and training for members of a 
veterans organization or other organization referred to in sub-
section (b)(2). 
"(e) WAIVER AUTHORITY.—(1) The Secretary of Defense may 
waive any requirement provided in or pursuant to this section 
when the Secretary considers it necessary to do so to meet the 
requirements of war, national emergency, or a contingency operation 
or other military requirements. The authority to maJie such a 
waiver may not be delegated to an official of a military department 
other than the Secretary of the military department and may not 
be delegated within the Office of the Secretary of Defense to an 
official at a level below Under Secretary of Defense. 
"(2) Before or promptly after granting a waiver under paragraph 
(1), the Secretary shall transmit a notification of the waiver to 
the Committees on Armed Services of the Senate and House of 
Representatives.". 
(d) REGULATIONS.—Subsection (f) of such section, as redesig-
nated by subsection (d)(1), is amended to read as follows: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 627 
"(f) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section. Those regulations shall include 
the following: 
"(1) A system for selection of units of the armed forces 
and other organizations to provide funeral honors details. 
"(2) Procedures for responding and coordinating responses 
to requests for funeral honors details. 
"(3) Procedures for establishing standards and protocol. 
"(4) Procedures for providing training and ensuring quality 
of performance.". 
(e) INCLUSION OF CERTAIN MEMBERS OF THE SELECTED RESERVE 
IN PERSONS ELIGIBLE FOR FUNERAL HONORS.—Subsection (h) of 
such section, as redesignated by subsection (d)(1), is amended to 
read as follows: 
"(h) VETERAN DEFINED.—In this section, the term Veteran' 
means a decedent who— 
"(1) served in the active military, naval, or air service 
(as defined in section 101(24) of title 38) and who was dis-
charged or released therefrom under conditions other than dis-
honorable; or 
"(2) was a member or former member of the Selected 
Reserve described in section 2301(f) of title 38.". 
(f) 
AUTHORITY TO ACCEPT 
VOLUNTARY SERVICES.—Section 
1588(a) of such title is amended by adding at the end the following 
new paragraph: 
"(4) Voluntary services as a member of a funeral honors 
detail under section 1491 of this title.". 
(g) DUTY STATUS OF RESERVES IN FUNERAL HONORS DETAILS.— 
(1) Section 114 of title 32, United States Code, is amended— 
(A) by striking "honor guard functions" both places it 
appears and inserting "funeral honors functions"; and 
(B) by striking "drill or training otherwise required" and 
inserting "drill or training, but may be performed as funeral 
honors duty under section 115 of this title". 
(2) Chapter 1 of such title is amended by adding at the end 
the following new section: 
*'§ 115. Funeral honors duty performed as a Federal function 
"(a) ORDER TO DUTY.—^A member of the Army National Guard 
of the United States or the Air National Guard of the United 
States may be ordered to funeral honors duty, with the consent 
of the member, to prepare for or perform funeral honors functions 
at the funeral of a veteran under section 1491 of title 10. However, 
a member of the Army Nationeil Guard of the United States or 
the Air National Guard of the United States may not be ordered 
to perform funeral honors functions under this section without 
the consent of the Governor or other appropriate authority of the 
State concerned. 
"(b) SERVICE CREDIT.—^A member ordered to funeral honors 
duty under this section shall be required to perform a minimum 
of two hours of such duty in order to receive— 
"(1) service credit under section 12732(a)(2)(E) of title 10; 
£ind 
"(2) if authorized by the Secretary concerned, the allowance 
under section 435 of title 37. 
"(c) 
REIMBURSABLE 
EXPENSES.—A member 
who 
performs 
funeral honors duty under this section may be reimbursed for 
113 STAT. 628 
PUBLIC LAW 106-65—OCT. 5, 1999 
travel and transportation expenses incurred in conjunction with 
such duty as authorized under chapter 7 of title 37 if such duty 
is performed at a location 50 miles or more from the member's 
residence. 
"(d) REGULATIONS.—The exercise of authority under subsection 
(a) is subject to regulations prescribed by the Secretary of Defense.". 
(3) Chapter 1213 of title 10, United States Code, is amended 
by adding at the end the following new section: 
"§ 12503. Ready Reserve: funeral honors duty 
"(a) ORDER TO DUTY.—^A member of the Ready Reserve may 
be ordered to funeral honors duty, with the consent of the member, 
in preparation for or to perform funeral honors functions at the 
funeral of a veteran as defined in section 1491 of this title. 
"(b) SERVICE CREDIT.—A member ordered to funeral honors 
duty under this section shall be required to perform a minimum 
of two hours of such duty in order to receive— 
"(1) service credit under section 12732(a)(2)(E) of this title; 
and 
"(2) if authorized by the Secretary concerned, the allowance 
under section 435 of title 37. 
"(c) 
REIMBURSABLE 
EXPENSES.—^A member 
who 
performs 
funeral honors duty under this section may be reimbursed for 
travel and transportation expenses incurred in conjunction with 
such duty as authorized under chapter 7 of title 37 if such duty 
is performed at a location 50 miles or more from the member's 
residence. 
"(d) REGULATIONS.—The exercise of authority under subsection 
(a) is subject to regulations prescribed by the Secretary of Defense. 
"(e) MEMBERS OF THE NATIONAL GUARD.—^This section does 
not apply to members of the Army National Guard of the United 
States or the Air National Guard of the United States. The perform-
ance of funeral honors duty by those members is provided for 
in section 115 of title 32.". 
(4) Section 12552 of title 10, United States Code, is amended 
to read as follows: 
'*§ 12552. Funeral honors functions at funerals for veterans 
"Performance by a Reserve of funeral honors functions at the 
funeral of a vetersm (as defined in section 1491(h) of this title) 
may not be considered to be a period of drill or training, but 
may be performed as funeral honors duty under section 12503 
of this title". 
(h) CREDITING FOR RESERVE RETIREMENT PURPOSES.—(1) Sec-
tion 12732(a)(2) of such title is amended— 
(A) by inserting after subparagraph (D) the following new 
subparagraph: 
"(E) One point for each day on which funeral honors 
duty is performed for at least two hours under section 
12503 of this title or section 115 of title 32, unless the 
duty is performed while in a status for which credit is 
provided under another subparagraph of this paragraph."; 
and 
(B) by striking ", and (D)" in the last sentence and inserting 
", (D), and (E)". 
(2) Section 12733 of such title is amended— 
(A) by redesignating paragraph (4) as paragraph (5); and 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 629 
(B) by inserting after paragraph (3) the following new 
paragraph (4): 
"(4) One day for each point credited to the person under 
subparagraph (E) of section 12732(a)(2) of this title.". 
(i) 
BENEFITS 
FOR 
MEMBERS 
IN 
FUNERAL 
HONORS 
DUTY 
STATUS.—(1) Section 1074a(a) of such title is amended— 
(A) in each of paragraphs (1) and (2)— 
(i) by striking "or" at the end of subparagraph (A); 
(ii) by striking the period at the end of subparagraph 
(B) and inserting "; or"; and 
(iii) by adding at the end the following: 
"(C) service on funeral honors duty under section 12503 
of this title or section 115 of title 32."; and 
(B) by adding at the end the following new paragraph: 
"(4) Each member of the armed forces who incurs or aggra-
vates an injury, illness, or disease in the line of duty while 
remaining overnight immediately before serving on funeral 
honors duty under section 12503 of this title or section 115 
of title 32 at or in the vicinity of the place at which the 
member was to so serve, if the place is outside reasonable 
commuting distance from the member's residence.". 
(2) Section 1076(a)(2) of such title is amended by adding at 
the end the following new subparagraph: 
"(E) A member who died from an injury, illness, or disease 
incurred or aggravated while the member— 
"(i) was serving on funeral honors duty under section 
12503 of this title or section 115 of title 32; 
"(ii) was traveling to or from the place at which the 
member was to so serve; or 
"(iii) remained overnight at or in the vicinity of that 
place immediately before so serving, if the place is outside 
reasonable commuting distance from the member's resi-
dence.". 
(3) Section 1204(2) of such title is amended— 
(A) by striking "or" at the end of subparagraph (A); 
(B) by inserting "or" after the semicolon at the end of 
subparagraph (B); and 
(C) by adding at the end the following new subparagraph: 
"(C) is a result of an injury, illness, or disease incurred 
or aggravated in line of duty— 
"(i) while the member was serving on funeral 
honors duty imder section 12503 of this title or section 
115 of title 32; 
"(ii) while the member was traveling to or from 
the place at which the member was to so serve; or 
"(iii) while the member remained overnight at or 
in the vicinity of that place immediately before so 
serving, if the place is outside reasonable commuting 
distance from the member's residence;". 
(4) Paragraph (2) of section 1206 of such title is amended 
to read as follows: 
"(2) the disability is a result of an injury, illness, or disease 
incurred or aggravated in line of duty— 
"(A) while— 
"(i) performing 
active 
duty 
or 
inactive-duty 
training; 
113 STAT. 630 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(ii) traveling directly to or from the place at which 
such duty is performed; or 
"(iii) remaining overnight immediately before the 
commencement of inactive-duty training, or while 
remaining overnight between successive periods of 
inactive-duty training, at or in the vicinity of the site 
of the inactive-duty training, if the site is outside 
reasonable commuting distance of the member's resi-
dence; or 
"(B) while the member— 
"(i) was serving on funeral honors duty under sec-
tion 12503 of this title or section 115 of title 32; 
"(ii) was traveling to or from the place at which 
the member was to so serve; or 
"(iii) remained overnight at or in the vicinity of 
that place immediately before so serving, if the place 
is outside reasonable commuting distance from the 
member's residence;". 
(5) Section 1481(a)(2) of such title is amended— 
(A) by striking "or" at the end of subparagraph (D); 
(B) by striking the period at the end of subparagraph 
(E) £ind inserting "; or"; and 
(C) by adding at the end the following new subparagraph: 
"(F) either— 
"(i) serving on funeral honors duty under section 
12503 of this title or section 115 of title 32; 
"(ii) traveling directly to or from the place at which 
the member is to so serve; or 
"(iii) remaining overnight at or in the vicinity of 
that place before so serving, if the place is outside 
reasonable commuting distance from the member's 
residence.". 
(j) FUNERAL HONORS DUTY ALLOWANCE.—Chapter 4 of title 
37, United States Code, is amended by adding at the end the 
following new section: 
*'§ 435. Funeral honors duty: allowance 
"(a) ALLOWANCE AUTHORIZED.—The Secretary concerned may 
authorize pajonent of an allowance to a member of the Ready 
Reserve for any day on which the member performs at least two 
hours of fimeral honors duty pursuant to section 12503 of title 
10 or section 115 of title 32. 
"(b) AMOUNT.—The daily rate of an allowance under this section 
is $50. 
"(c) FULL COMPENSATION.—Except for expenses reimbursed 
under subsection (c) of section 12503 of title 10 or subsection (c) 
of section 115 of title 32, the allowance paid under this section 
is the only monetary compensation authorized to be paid a member 
for the performance of funeral honors duty pursuant to such section, 
regardless of the grade in which the member is serving, and shall 
constitute payment in full to the member.". 
(k) CLERICAL AMENDMENTS.—(1) The heading for section 1491 
of title 10, United States Code, is amended to read as follows: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 631 
"§ 1491. Funeral honors functions at funerals for veterans". 
(2)(A) The item relating to section 1491 in the table of sections 
at the beginning of chapter 75 of title 10, United States Code, 
is amended to read as follows: 
"1491. Funeral honors functions at funerals for veterans.". 
(B) The table of sections at the beginning of chapter 1213 
of such title is amended by adding at the end the following new 
item: 
"12503. Ready Reserve: funeral honors duty.". 
(C) The item relating to section 12552 in the table of sections 
at the beginning of chapter 1215 of such title is amended to read 
as follows: 
"12552. Funeral honors functions at funerals for veterans.". 
(3)(A) The heading for section 114 of title 32, United States 
Code, is amended to read as follows: 
"§ 114. Funeral honors functions at funerals for veterans*'. 
(B) The table of sections at the beginning of chapter 1 of 
such title is amended by striking the item relating to section 114 
and inserting the following new items: 
"114. Funeral honors functions at funerals for veterans. 
"115. Funeral honors duty performed as a Federal function.". 
(4) The table of sections at the beginning of chapter 4 of 
title 37, United States Code, is amended by adding at the end 
the following new item: 
"435. Funeral honors duty: allowance.". 
SEC. 579. PURPOSE AND FUNDING LIMITATIONS FOR NATIONAL 
GUARD CHALLENGE PROGRAM. 
(a) PROGRAM AUTHORITY AND PURPOSE.—Subsection (a) of sec-
tion 509 of title 32, United States Code, is amended to read as 
follows: 
"(a) 
PROGRAM AUTHORITY AND PURPOSE.—The Secretary 
of 
Defense, acting through the Chief of the National Guard Bureau, 
may use the National Guard to conduct a civilian youth opportuni-
ties program, to be known as the 'National Guard Challenge Pro-
gram', which shall consist of at least a 22-week residential program 
and a 12-month post-residential mentoring period. The National 
Guard Challenge Program shall seek to improve life skills and 
employment potential of participants by providing military-based 
training and supervised work experience, together with the core 
program components of assisting participants to receive a high 
school diploma or its equivalent, leadership development, promoting 
fellowship and community service, developing life coping skills and 
job skills, and improving physical fitness and health and hygiene.". 
(b) ANNUAL FUNDING LIMITATION.—Subsection (b) of such sec-
tion 
is 
amended 
by 
striking 
"$50,000,000" 
and 
inserting 
"$62,500,000". 
SEC. 580. DEPARTMENT OF DEFENSE STARBASE PROGRAM. 
(a) PROGRAM AUTHORITY.—Chapter 111 of title 10, United 
States Code, is amended by inserting after section 2193 the fol-
lowing new section: 
113 STAT. 632 
PUBLIC LAW 106-65—OCT. 5, 1999 
Standards. 
Deadline. 
10 use 2193b 
note. 
'*§ 2193b. Improvement of education in technical fields: pro-
gram for support of elementary and secondary 
education in science, mathematics, and tech-
nology 
"(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may 
conduct a science, mathematics, and technology education improve-
ment program known as the 'Department of Defense STARBASE 
Program'. The Secretary shall carry out the program in coordination 
with the Secretaries of the military departments. 
"(b) PURPOSE.—The purpose of the program is to improve knowl-
edge and skills of students in kindergarten through twelfth grade 
in mathematics, science, and technology. 
"(c) STARBASE ACADEMIES.—(1) The Secretary shall provide 
for the establishment of at least 25 academies under the program. 
"(2) The Secretary of Defense shall establish guidelines, criteria, 
and a process for the establishment of STARBASE programs in 
addition to those in operation on the date of the enactment of 
this section. 
"(3) The Secretary may support the establishment and operation 
of any academy in excess of two academies in a State only if 
the Secretary has first authorized in writing the establishment 
of the academy and the costs of the establishment and operation 
of the academy are paid out of funds provided by sources other 
than the Department of Defense. Any such costs that are paid 
out of appropriated funds shall be considered as paid out of funds 
provided by such other sources if such sources fully reimburse 
the United States for the costs. 
"(d) PERSONS ELIGIBLE TO PARTICIPATE IN PROGRAM.—-The Sec-
retary shall prescribe standards and procedures for selection of 
persons for participation in the program. 
"(e) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations governing the conduct of the program. 
"(f) AUTHORITY TO ACCEPT FINANCIAL AND OTHER SUPPORT.— 
The Secretary of Defense and the Secretaries of the militeiry depart-
ments may accept financial and other support for the program 
from other departments and agencies of the Federal Government, 
State governments, local governments, and not-for-profit and other 
organizations in the private sector. 
"(g) ANNUAL REPORT.—Not later than 90 days after the end 
of each fiscal year, the Secretary of Defense shall submit to Congress 
a report on the program under this section. The report shall contain 
a discussion of the design and conduct of the program and an 
evaluation of the effectiveness of the program. 
"(h) STATE DEFINED.—In this section, the term 'State' includes 
the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, £ind Guam.". 
(b) EXISTING STARBASE ACADEMIES.—While continuing in 
operation, the academies existing on the date of the enactment 
of this Act under the Department of Defense STARBASE Program, 
as such program is in effect on such date, shall be counted for 
the purpose of meeting the requirement under section 2193b(c)(l) 
of title 10, United States Code (as added by subsection (a)), relating 
to the minimum number of STARBASE academies. 
(c) REORGANIZATION OF CHAPTER.—Chapter 111 of title 10, 
United States Code, as amended by subsection (a), is further 
amended— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 633 
(1) by inserting after section 2193 and before the section 
2193b added by subsection (a) the following: 
''§ 2193a. Improvement of education in technical fields: gen-
eral authority for support of elementary and sec-
ondary education in science and mathematics"; 
(2) by transferring subsection (b) of section 2193 to section 
2193a (as added by paragraph (1)), inserting such subsection 
after the heading for section 2193a, and striking out "(b)"; 
and 
(3) by redesignating subsection (c) of section 2193 as sub-
section (b). 
(d) CLERICAL AMENDMENTS.—(1) The heading for section 2192 
of such title is amended to read as follows: 
''§2192. Improvement of education in technical fields: gen-
eral authority regarding education in science, 
mathematics, and engineering''. 
(2) The heading for section 2193 is amended to read as follows: 
"§ 2193. Improvement of education in technical fields: grants 
for higher education in science and mathematics". 
(3) The table of sections at the beginning of such chapter 
is amended by striking the items relating to sections 2192 and 
2193 and inserting the following: 
"2192. Improvement of education in technical fields: general authority regarding 
education in science, mathematics, and engineering. 
"2193. Improvement of education in technical fields: grants for higher education in 
science and mathematics. 
"2193a. Improvement of education in technical fields: general authority for support 
of elementary and secondary education in science and mathematics. 
"2193b. Improvement of education in technical fields: program for support of ele-
mentary and secondary education in science, mathematics, and tech-
nology.". 
SEC. 581. SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON ATTI- 
10 USC 113 note. 
TUBES TOWARD MILITARY SERVICE. 
(a) EXIT SURVEY.—The Secretary of Defense shall develop and 
implement, as part of outprocessing activities, a survey on attitudes 
toward military service to be completed by all members of the 
Armed Forces who during the period beginning on January 1, 
2000, and ending on June 30, 2000, are voluntarily discharged 
or separated from the Armed Forces or transfer from a regular 
component to a reserve component. 
(b) MATTERS TO BE COVERED.—The survey shall, at a minimum, 
cover the following subjects: 
(1) Reasons for leaving military service. 
(2) Command climate. 
(3) Attitude toward leadership. 
(4) Attitude toward pay and benefits. 
(5) Job satisfaction during service as a member of the 
Armed Forces. 
(6) Plans for activities after separation (such as enrollment 
in school, use of Montgomery GI Bill benefits, and work). 
(7) Affiliation with a reserve component, together with 
the reasons for affiliating or not affiliating, as the case may 
be. 
113 STAT. 634 
PUBLIC LAW 106-65—OCT. 5, 1999 
(8) Such other matters as the Secretary determines appro-
priate to the survey concerning reasons why mihtary personnel 
are leaving military service. 
Deadline. 
(c) REPORT TO CONGRESS.—Not later than October 1, 2000, 
the Secretary shall submit to Congress a report containing the 
results of the survey under subsection (a). The Secretary shall 
compile the information in the report so as to assist in assessing 
reasons why military personnel are leaving military service. 
SEC. 582. SERVICE REVIEW AGENCIES COVERED BY PROFESSIONAL 
STAFFING REQUIREMENT. 
Section 1555(c)(2) of title 10, United States Code, is amended 
by inserting "the Navy Council of Personnel Boards and" after 
"Department of the Navy,". 
SEC. 583. PARTICIPATION 
OF MEMBERS IN MANAGEMENT OF 
ORGANIZATIONS 
ABROAD 
THAT 
PROMOTE 
INTER-
NATIONAL UNDERSTANDING. 
Section 1033(b)(3) of title 10, United States Code, is amended 
by inserting after subparagraph (D) the following new subpara-
graph: 
"(E) An entity that, operating in a foreign nation where 
United States military personnel are serving at United States 
military activities, promotes understanding £ind tolerance 
between such personnel (and their families) and the citizens 
of that host foreign nation through programs that foster social 
relations between those persons.". 
SEC. 584. SUPPORT FOR EXPANDED CHILD CARE SERVICES AND 
YOUTH PROGRAM SERVICES FOR DEPENDENTS. 
(a) AUTHORITY.—(1) Subchapter II of chapter 88 of title 10, 
United States Code, is amended— 
(A) by redesignating section 1798 as section 1800; and 
(B) by inserting after section 1797 the following new sec-
tions: 
"§ 1798. Child care services and youth program services for 
dependents: financial assistance for providers 
"(a) AUTHORITY.—The Secretary of Defense may provide finan-
cial assistance to an eligible civilian provider of child care services 
or youth program services that furnishes such services for members 
of the armed forces and employees of the United States if the 
Secretary determines that providing such financial assistance— 
"(1) is in the best interest of the Department of Defense; 
"(2) enables supplementation or expansion of 
ftimishing 
of child care services or youth program services for military 
installations, while not supplanting or replacing such services; 
and 
"(3) ensures that the eligible provider is able to comply, 
and does comply, with the regulations, policies, and standards 
of the Department of Defense that are applicable to the fur-
nishing of such services. 
"(b) ELIGIBLE PROVIDERS.—A provider of child care services 
or youth program services is eligible for financial assistance under 
this section if the provider— 
"(1) is licensed to provide those services under applicable 
State and local law; 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 635 
"(2) has previously provided such services for members 
of the armed forces or employees of the United States; and 
"(3) either— 
"(A) is a family home day care provider; or 
"(B) is a provider of family child care services that— 
"(i) otherwise provides federally funded or spon-
sored child development services; 
"(ii) provides the services in a child development 
center owned and operated by a private, not-for-profit 
organization; 
"(iii) provides before-school or after-school child 
care program in a public school facility; 
"(iv) conducts an otherwise federally funded or 
federally sponsored school age child care or youth serv-
ices program; 
"(v) conducts a school age child care or youth serv-
ices program that is owned and operated by a not-
for-profit organization; or 
"(vi) is a provider of another category of child 
care services or youth services determined by the Sec-
retary of Defense as appropriate for meeting the needs 
of members of the armed forces or employees of the 
Department of Defense. 
"(c) FUNDING.—To provide financial assistsuice under this sub-
section, the Secretary of Defense may use any funds appropriated 
to the Department of Defense for operation and maintenance. 
"(d) BIENNIAL REPORT.—(1) Every two years the Secretary of 
Defense shall submit to Congress a report on the exercise of 
authority under this section. The report shall include an- evaluation 
of the effectiveness of that authority for meeting the needs of 
members of the armed forces or employees of the Department 
of Defense for child care services and youth program services. 
The report may include £uiy recommendations for legislation that 
the Secretary considers appropriate to enhance the capability of 
the Department of Defense to meet those needs. 
"(2) A biennial report under this subsection may be combined 
with the biennial report under section 1799(d) of this title into 
a single report for submission to Congress. 
''§ 1799. Child care services and youth program services for 
dependents: participation by children and youth 
otherwise ineligible 
"(a) AUTHORITY.—The Secretary of Defense may authorize 
participation in child care or youth programs of the Department 
of Defense, to the extent of the availability of space and services, 
by children and youth under the age of 19 who are not dependents 
of members of the armed forces or of employees of the Department 
of Defense and are not otherwise eligible for participation in those 
programs. 
"(b) LIMITATION.—Authorization of participation in a program 
under subsection (a) shall be limited to situations in which that 
participation promotes the attainment of the objectives set forth 
in subsection (c), as determined by the Secretary. 
"(c) OBJECTIVES.—The objectives for authorizing participation 
in a program under subsection (a) are as follows: 
"(1) To support the integration of children and youth of 
military families into civilian communities. 
113 STAT. 636 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
10 u s e 1798 
note. 
10 u s e 1071 
note. 
Deadline. 
"(2) To make more efficient use of Department of Defense 
facilities and resources. 
"(3) To establish or support a partnership or consortium 
arrangement with schools and other youth services organiza-
tions serving children of members of the armed forces. 
"(d) BIENNIAL REPORT.—(1) Every two years the Secretary of 
Defense shall submit to Congress a report on the exercise of 
authority under this section. The report shall include an evaluation 
of the effectiveness of that authority for achieving the objectives 
set out under subsection (c). The report may include any rec-
ommendations for legislation that the Secretary considers appro-
priate to enhance the capability of the Department of Defense 
to attain those objectives. 
"(2) A biennial report under this subsection may be combined 
with the biennial report under section 1798(d) of this title into 
a single report for submission to Congress.". 
(2) The table of sections at the beginning of such subchapter 
is amended by striking the item relating to section 1798 and 
inserting the following new items: 
"1798. Child care services and youth program services for dependents: financial as-
sistance for providers. 
"1799. Child care services and youth program services for dependents: participation 
by children and youth otherwise ineligible. 
"1800. Definitions.". 
(b) FIRST BIENNIAL REPORTS.—The first biennial reports under 
sections 1798(d) and 1799(d) of title 10, United States Code (as 
added by subsection (a)), shall be submitted not later than March 
31, 2002, and shall cover fiscal years 2000 and 2001. 
SEC. 585. REPORT AND REGULATIONS ON DEPARTMENT OF DEFENSE 
POLICIES ON PROTECTING THE CONFIDENTIALITY OF 
COMMUNICATIONS 
WITH 
PROFESSIONALS PROVIDING 
THERAPEUTIC 
OR 
RELATED 
SERVICES 
REGARDING 
SEXUAL OR DOMESTIC ABUSE. 
(a) STUDY AND REPORT.—(1) The Comptroller General of the 
United States shall study the policies, procedures, and practices 
of the military departments for protecting the confidentiality of 
communications between— 
(A) a dependent (as defined in section 1072(2) of title 
10, United States Code, with respect to a member of the Armed 
Forces) of a member of the Armed Forces who— 
(i) is a victim of sexual harassment, sexual assault, 
or intrafamily abuse; or 
(ii) has engaged in such misconduct; and 
(B) a therapist, counselor, advocate, or other professional 
from whom the dependent seeks professional services in connec-
tion with effects of such misconduct. 
(2) Not later than 180 days after the date of the enactment 
of this Act, the Comptroller General shall conclude the study and 
submit a report on the results of the study to Congress and the 
Secretary of Defense. 
(b) REGULATIONS.—The Secretary of Defense shall prescribe 
in regulations the policies and procedures that the Secretary con-
siders appropriate to provide the maximum protections for the 
confidentiality of communications described in subsection (a) 
relating to misconduct described in that subsection, taking into 
consideration— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 637 
(1) the findings of the Comptroller General; 
(2) the standards of confidentiality and ethical standards 
issued by relevant professional organizations; 
(3) applicable requirements of Federal and State law; 
(4) the best interest of victims of sexual harassment, sexual 
assault, or intrafamily abuse; 
(5) military necessity; and 
(6) such other factors as the Secretary, in consultation 
with the Attorney General, may consider appropriate. 
(c) REPORT BY SECRETARY OF DEFENSE.—Not later than January Deadline. 
21, 2000, the Secretary of Defense shall submit to Congress a 
report on the actions taken under subsection (b) and any other 
actions taken by the Secretary to provide the maximum possible 
protections for confidentiality described in that subsection. 
SEC. 586. MEMBERS UNDER BURDENSOME PERSONNEL TEMPO. 
(a) MANAGEMENT OF DEPLOYMENTS OF INDIVIDUAL MEMBERS.— 
Part II of subtitle A of title 10, United States Code, is amended 
by inserting after chapter 49 the following new chapter: 
"CHAPTER 50—MISCELLANEOUS COMMAND 
RESPONSIBILITIES 
"Sec. 
"991. Management of deployments of members. 
"§ 991. Management of deployments of members 
"(a) 
GENERAL OR FLAG OFFICER RESPONSIBILITIES.—(1) 
The 
deployment (or potential deployment) of a member of the armed 
forces shall be managed, during any period when the member 
is a high-deployment days member, by the officer in the chain 
of command of that member who is the lowest-ranking general 
or flag officer in that chain of command. That officer shall ensure 
that the member is not deployed, or continued in a deployment, 
on any day on which the total number of days on which the 
member has been deployed out of the preceding 365 days would 
exceed 220 unless an officer in the grade of general or admiral 
in the member's chain of command approves the deployment, or 
continued deployment, of the member. 
"(2) In this section, the term 'high-deployment days member' 
means a member who has been deployed 182 days or more out 
of the preceding 365 days. 
"(b) DEPLOYMENT DEFINED.—(1) For the purposes of this sec-
tion, a member of the armed forces shall be considered to be 
deployed or in a deployment on any day on which, pursuant to 
orders, the member is performing service in a training exercise 
or operation at a location or under circumstances that make it 
impossible or infeasible for the member to spend off-duty time 
in the housing in which the member resides when on garrison 
duty at the member's permanent duty station. 
"(2) For the purposes of this section, a member is not deployed 
or in a deplo)rment when the member is— 
"(A) performing service as a student or trainee at a school 
(including any Government school); or 
"(B) performing administrative, guard, or detail duties in 
garrison at the member's permanent duty station. 
"(3) The Secretary of Defense may prescribe a definition of 
deplo)nnient for the purposes of this section other than the definition 
113 STAT. 638 
PUBLIC LAW 106-65—OCT. 5, 1999 
specified in paragraphs (1) and (2). Any such definition may not 
take effect until 90 days after the date on which the Secretary 
notifies the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives 
of the revised standard definition of deployment. 
"(c) RECORDKEEPING.—The Secretary of each military depart-
ment shall establish a system for tracking and recording the number 
of days that each member of the armed forces under the jurisdiction 
of the Secretary is deployed. 
"(d) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary 
of the military department concerned may suspend the applicability 
of this section to a member or any group of members under the 
Secretary's jurisdiction when the Secretary determines that such 
a waiver is necessary in the national security interests of the 
United States. 
"(e) INAPPLICABILITY TO COAST GUARD.—This section does not 
apply to a member of the Coast Guard when the Coast Guard 
is not operating as a service in the Navy.". 
(b) PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOY-
MENTS.—Chapter 7 of title 37, United States Code, is amended 
by adding at the end the following new section: 
"§ 435. Per diem allowance for lengthy or numerous deploy-
ments 
"(a) PER DIEM REQUIRED.—The Secretary of the military depart-
ment concerned shall pay a high-deployment per diem allowance 
to a member of the armed forces under the Secretar^s jurisdiction 
for each day on which the member (1) is deployed, and (2) has, 
as of that day, been deployed 251 days or more out of the preceding 
365 days. 
"(b) DEFINITION OF DEPLOYED.—In this section, the term 
'deployed', with respect to a member, means that the member 
is deployed or in a deployment within the meaning of section 
991(b) of title 10 (including any definition of'deployment' prescribed 
under paragraph (3) of that section). 
"(c) AMOUNT OF PER DIEM.—The amount of the high-deployment 
per diem payable to a member under this section is $100. 
"(d) PAYMENT OF CLAIMS.—A claim of a member for pajnnent 
of the high-deployment per diem allowance that is not fully substan-
tiated by the recordkeeping system applicable to the member under 
section 991(c) of title 10 shall be paid if the member furnishes 
the Secretary concerned with other evidence determined by the 
Secretary as being sufficient to substemtiate the claim. 
"(e) RELATIONSHIP TO OTHER ALLOWANCES.—^A high-deployment 
per diem payable to a member under this section is in addition 
to any other pay or allowance payable to the member under any 
other provision of law. 
"(f) NATIONAL SECURITY WAIVER.—NO per diem may be paid 
under this section to a member for any day on which the applica-
bility of section 991 of title 10 to the member is suspended under 
subsection (d) of that section.". 
(c) CLERICAL AMENDMENTS.—(1) The tables of chapters at the 
beginning of subtitle A of title 10, United States Code, and the 
beginning of part II of such subtitle are amended by inserting 
after the item relating to chapter 49 the following new item: 
"50. Miscellaneous Command Responsibilities 
991". 
•i'f-J-: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 639 
(2) The table of sections at the beginning of chapter 7 of 
title 37, United States Code, is amended by inserting after the 
item relating to section 434 the following new item: 
"435. Per diem allowance for lengthy or numerous deployments.". 
(d) EFFECTIVE DATE.—(1) Section 991 of title 10, United States 
Code (as added by subsection (a)), shall take effect on October 
1, 2000. No day on which a member of the Armed Forces is deployed 
(as defined in subsection (b) of that section) before that date may 
be counted in determining the number of days on which a member 
has been deployed for purposes of that section. 
(2) Section 435 of title 37, United States Code (as added by 
subsection (b)), shall take effect on October 1, 2001. 
(e) IMPLEMENTING REGULATIONS.—Not later than June 1, 2000, 
the Secretary of each military department shall prescribe in r e f l a -
tions the policies and procedures for implementing such provisions 
of law for that military department. 
Subtitle K—Domestic Violence 
10 u s e 991 note. 
37 u s e 435 note. 
Deadline. 
10 u s e 991 note. 
SEC. 591. DEFENSE TASK FORCE ON DOMESTIC VIOLENCE. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a Department of Defense task force to be known as the Defense 
Task Force on Domestic Violence. 
(b) STRATEGIC PLAN.—Not later than 12 months after the date 
on which all members of the task force have been appointed, the 
task force shall submit to the Secretary of Defense a long-term 
plan (referred to as a "strategic plan") for means by which the 
Department of Defense may address matters relating to domestic 
violence within the military more effectively. The plan shall include 
an assessment of, and recommendations for measures to improve, 
the following: 
(1) Ongoing victims' safety programs. 
(2) Offender accountability. 
(3) The climate for effective prevention of domestic violence. 
(4) Coordination and collaboration among all military 
organizations with responsibility or jurisdiction with respect 
to domestic violence. 
(5) Coordination between military and civilian communities 
with respect to domestic violence. 
(6) Research priorities. 
(7) Data collection and case management and tracking. 
(8) Curricula £md training for military commanders. 
(9) Prevention and responses to domestic violence at over-
seas military installations. 
(10) Other issues identified by the task force relating to 
domestic violence within the military. 
(c) REVIEW OF VICTIMS' SAFETY PROGRAM.—The task force shall 
review the efforts of the Secretary of Defense to establish a program 
for improving responses to domestic violence under section 592 
and shall include in its report under subsection (e) a description 
of that program, including best practices identified on installations, 
lessons learned, and resulting policy recommendations. 
(d) OTHER TASK FORCE REVIEWS.—The task force shall review 
and make recommendations regarding the following: 
(1) Standard guidelines to be used by the Secretaries of 
the military departments in negotiating agreements with 
10 u s e 1562 
note. 
Deadline. 
113 STAT. 640 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
civilian law enforcement authorities relating to acts of domestic 
violence involving members of the Armed Forces. 
(2) A requirement (A) that when a commanding officer 
issues to a member of the Armed Forces under that officer's 
command an order that the member not have contact with 
a specified person that a written copy of that order be provided 
within 24 hours after the issuance of the order to the person 
with whom the member is ordered not to have contact, and 
(B) that there be a system of recording and tracking such 
orders. 
(3) Standard guidelines on the factors for commanders 
to consider when seeking to substantiate allegations of domestic 
violence by a person subject to the Uniform Code of Military 
Justice and when determining appropriate action for such 
allegations that are so substantiated. 
(4) A standard training program for all commanding officers 
in the Armed Forces, including a standard curriculum, on the 
handling of domestic violence cases. 
(e) ANNUAL REPORT.—(1) The task force shall submit to the 
Secretary an annual report on its activities and on the activities 
of the military departments to respond to domestic violence in 
the military. 
(2) The first such report shall be submitted not later than 
the date specified in subsection (b) and shall be submitted with 
the strategic plan submitted under that subsection. The task force 
shall include in that report the following: 
(A) Analysis and oversight of the efforts of the military 
departments to respond to domestic violence in the military 
and a description of barriers to implementation of improve-
ments in those efforts. 
(B) A description of the activities and achievements of 
the task force. 
(C) A description of successful and unsuccessful programs. 
(D) A description of pending, completed, and recommended 
Department of Defense research relating to domestic violence. 
(E) Such recommendations for policy and statutory changes 
as the task force considers appropriate. 
(3) Each subsequent annual report shall include the following: 
(A) A detailed discussion of the achievements in responses 
to domestic violence in the Armed Forces. 
(B) Pending research on domestic violence. 
(C) Any recommendations for actions to improve the 
responses of the Armed Forces to domestic violence in the 
Armed Forces that the task force considers appropriate. 
(4) Within 90 days of receipt of a report under paragraph 
(2) or (3), the Secretary shall submit the report and the Secretary's 
evaluation of the report to the Committees on Armed Services 
of the Senate and House of Representatives. The Secretary shall 
include with the report the information collected pursuant to section 
1562(b) of title 10, United States Code, as added by section 594. 
(f) MEMBERSHIP.—(1) The task force shall consist of not more 
than 24 members, to be appointed by the Secretary of Defense. 
Members shall be appointed fi-om each of the Army, Navy, Air 
Force, and Marine Corps and shall include an equal number of 
Department of Defense personnel (military or civilian) and persons 
from outside the Department of Defense. Members appointed from 
outside the Department of Defense may be appointed fi"om other 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 641 
Federal departments and agencies, from State and local agencies, 
or from the private sector. 
(2) The Secretary shall ensure that the membership of the 
task force includes a judge advocate representative from each of 
the Army, Navy, Air Force, and Marine Corps. 
(3)(A) In consultation with the Attorney General, the Secretary 
shall appoint to the task force a representative or representatives 
from the Office of Justice Programs of the Department of Justice. 
(B) In consultation with the Secretary of Health and Human 
Services, the Secretary shall appoint to the task force a representa-
tive from the Family Violence Prevention and Services office of 
the Department of Health and Human Services. 
(4) Each member of the task force appointed from outside 
the Department of Defense shall be an individual who has dem-
onstrated expertise in the area of domestic violence or shall be 
appointed from one of the following: 
(A) A national domestic violence resource center established 
under section 308 of the Family Violence Prevention and Serv-
ices Act (42 U.S.C. 10407). 
(B) A national sexual assault and domestic violence policy 
and advocacy organization. 
(C) A State domestic violence and sexual assault coalition. 
(D) A civilian law enforcement agency. 
(E) A national judicial policy organization. 
(F) A State judicial authority. 
(G) A national crime victim policy organization. 
(5) The members of the task force shall be appointed not Deadline, 
later than 90 days after the date of the enactment of this Act. 
(g) CO-CHAIRS OF THE TASK FORCE.—-There shall be two co-
chairs of the task force. One of the co-chairs shall be designated 
by the Secretary of Defense at the time of appointment from among 
the Department of Defense personnel on the task force. The other 
co-chair shall be selected from among the members appointed from 
outside the Department of Defense by those members. 
(h) ADMINISTRATIVE SUPPORT.—(1) Each member of the task 
force shall serve without compensation (other than the compensa-
tion to which entitled as a member of the Armed Forces or an 
officer or employee of the United States, as the case may be), 
but shall be allowed travel expenses, including per diem in lieu 
of subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, while 
away from the member's home or regular places of business in 
the performance of services for the task force. 
(2) The Assistant Secretary of Defense for Force Management 
Policy, under the direction of the Under Secretary of Defense for 
Personnel and Readiness, shall provide oversight of the task force. 
The Washington Headquarters Service shall provide the task force 
with the personnel, facilities, and other administrative support 
that is necessary for the performance of the task force's duties. 
(3) The Assistsmt Secretary shall coordinate with the Secre-
taries of the military departments to provide visits of the task 
force to military installations. 
(i) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 
Committee Act (5 U.S.C. App) shall not apply to the task force. 
(j) TERMINATION.—The task force shall terminate three years 
after the date of the enactment of this Act. 
113 STAT. 642 
PUBLIC LAW 106-65—OCT. 5, 1999 
10 use 1562 
SEC. 592. mCENTIVE PROGRAM FOR IMPROVING RESPONSES TO 
note. 
DOMESTIC VIOLENCE INVOLVING MEMBERS OF THE 
ARMED FORCES AND MILITARY FAMILY MEMBERS. 
(a) PURPOSE.—The purpose of this section is to provide a pro-
gram for the establishment on military installations of collaborative 
projects involving appropriate elements of the Armed Forces and 
the civilian community to improve, strengthen, or coordinate 
P
revention and response efforts to domestic violence involving mem-
ers of the Armed Forces, military family members, and others. 
(b) PROGRAM.—The Secretary of Defense shall establish a pro-
gram to provide funds and other incentives to commanders of mili-
tary installations for the following purposes: 
(1) To improve coordination between military and civilian 
law enforcement authorities in policies, training, and responses 
to, and tracking of, cases involving military domestic violence. 
(2) To develop, implement, and coordinate with appropriate 
civilian authorities tracking systems (A) for protective orders 
issued to or on behalf of members of the Armed Forces by 
civilian courts, and (B) for orders issued by military com-
manders to members of the Armed Forces ordering them not 
to have contact with a dependent. 
(3) To strengthen the capacity of attorneys and other legal 
advocates to respond appropriately to victims of military 
domestic violence. 
(4) To assist in educating judges, prosecutors, and legal 
offices in improved handling of military domestic violence cases. 
(5) To develop and implement more effective policies, proto-
cols, orders, and services specifically devoted to preventing, 
identifying, and responding to domestic violence. 
(6) To develop, enlarge, or strengthen victims' services pro-
grams, including sexual assault and domestic violence pro-
grams, developing or improving delivery of victims' services, 
and providing confidential access to specialized victims' advo-
cates. 
(7) To develop and implement primary prevention pro-
grams. 
(8) To improve the response of health care providers to 
incidents of domestic violence, including the development and 
implementation of screening protocols. 
(c) PRIORITY.—The Secretary shall give priority in providing 
funds and other incentives under the program to installations at 
which the local program will emphasize building or strengthening 
partnerships and collaboration among military organizations such 
as family advocacy program, military police or provost marshal 
organizations, judge advocate organizations, legal offices, health 
affairs offices, and other installation-level military commands 
between those organizations and appropriate civilian organizations, 
including civilian law enforcement, domestic violence advocacy 
organizations, and domestic violence shelters. 
Guidelines. 
(d) APPLICATIONS.—The Secretary shall establish guidelines for 
applications for an award of funds under the program to carry 
out the program at an installation. 
(e) AWARDS.—The Secretary shall determine the award of funds 
and incentives under this section. In making a determination of 
the installations to which funds or other incentives are to be pro-
vided under the program, the Secretary shall consult with an award 
review committee consisting of representatives from the Armed 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 643 
Forces, the Department of Justice, the Department of Health and 
Human Services, and organizations with a demonstrated expertise 
in the areas of domestic violence and victims' safety. 
SEC. 593. UNIFORM 
DEPARTMENT 
OF 
DEFENSE 
POLICIES 
FOR 
10 USC1562 
RESPONSES TO DOMESTIC VIOLENCE. 
note. 
(a) REQUIREMENT.—The Secretary of Defense shall prescribe 
the following: 
(1) Standard guidelines to be used by the Secretaries of 
the military departments for negotiating agreements with 
civilian law enforcement authorities relating to acts of domestic 
violence involving members of the Armed Forces. 
(2) A requirement (A) that when a commanding officer 
issues to a member of the Armed Forces under that officer's 
command an order that the member not have contact with 
a specified person that a written copy of that order be provided 
within 24 hours after the issueuice of the order to the person 
with whom the member is ordered not to have contact, and 
(B) that there be a system of recording and tracking such 
orders. 
(3) Stguidard guidelines on the factors for commanders 
to consider when seeking to substantiate allegations of domestic 
violence by a person subject to the Uniform Code of Military 
Justice and when determining appropriate action for such 
allegations that are so substantiated. 
(4) A standard training program for all commanding officers 
in the Armed Forces, including a standard curriculum, on the 
handling of domestic violence cases. 
(b) DEADLINE.—The Secretary of Defense shall carry out sub-
section (a) not later than six months after the date on which 
the Secretary receives the first report of the Defense Task Force 
on Domestic Violence under section 591(e). 
SEC. 594. CENTRAL 
DEPARTMENT 
OF 
DEFENSE 
DATABASE 
ON 
DOMESTIC VIOLENCE INCIDENTS. 
(a) IN GENERAL.—Chapter 80 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§ 1562. Database on domestic violence incidents 
"(a) DATABASE ON DOMESTIC VIOLENCE INCIDENT.—The Sec- Establishment, 
retary of Defense shall establish a central database of information 
on the incidents of domestic violence involving members of the 
armed forces. 
"(b) REPORTING OF INFORMATION FOR THE DATABASE.—The Sec-
retary shall require that the Secretaries of the military departments 
maintain and report annually to the administrator of the database 
established under subsection (a) any information received on the 
following matters: 
"(1) Each domestic violence incident reported to a com-
mander, a law enforcement authority of the armed forces, or 
a family advocacy program of the Department of Defense. 
"(2) The number of those incidents that involve evidence 
determined sufficient for supporting disciplinary action and, 
for each such incident, a description of the substantiated allega-
tion and the action taken by command authorities in the 
incident. 
113 STAT. 644 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(3) The number of those incidents that involve evidence 
determined insufficient for supporting disciplinary action and 
for each such case, a description of the allegation.", 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"1562. Database on domestic violence incidents.". 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 602. Pay increases for fiscal years 2001 through 2006. 
Sec. 603. Additional amount available for fiscal year 2000 increase in basic allow-
ance for housing inside the United States. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonuses and special pay authorities for reserve 
forces. 
Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer 
candidates, registered nurses, and nurse anesthetists. 
Sec. 613. Extension of authorities relating to payment of other bonuses and special 
pays. 
Sec. 614. Amount of aviation career incentive pay for air battle managers. 
Sec. 615. Expansion of authority to provide special pay to aviation career officers 
extending period of active duty. 
Sec. 616. Additional special pay for board certified veterinarians in the Armed 
Forces and Public Health Service. 
Sec. 617. Diving duty special pay. 
Sec. 618. Reenhstment Donus. 
Sec. 619. Enlistment bonus. 
Sec. 620. Selected Reserve enlistment bonus. 
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to high pri-
ority units of the Selected Reserve. 
Sec. 622. Reduced minimum period of enlistment in Army in critical skill for eligi-
bility for enlistment bonus. 
Sec. 623. Eligibility for reserve component prior service enlistment bonus upon at-
taining a critical skill. 
Sec. 624. Increase in special pay and bonuses for nuclear-qualified officers. 
Sec. 625. Increase in maximum monthly rate authorized for foreign language pro-
ficiency pay. 
Sec. 626. Authorization of retention bonus for special warfare officers extending pe-
riods of active duty. 
Sec. 627. Authorization of surface warfare officer continuation pay. 
Sec. 628. Authorization of career enlisted flyer incentive pay. 
Sec. 629. Authorization of judge advocate continuation pay. 
Subtitle C—^Travel and Transportation Allowances 
Sec. 631. Provision of lodging in kind for Reservists performing training duty and 
not otherwise entitled to travel and transportation allowances. 
Sec. 632. Payment of temporary lodging expenses for members making their first 
permanent change of station. 
Sec. 633. Destination airport for emergency leave travel to continental United 
States. 
Subtitle D—Retired Pay Reform 
Sec. 641. Redux retired pay system applicable only to members electing new 15-
year career status bonus. 
Sec. 642. Authorization of 15-year career status bonus. 
Sec. 643. Conforming amendments. 
Sec. 644. Effective date. 
Subtitle E—Other Matters Relating to Military Retirees and Survivors 
Sec. 651. Repeal of reduction in retired pay for military retirees employed in civil-
ian positions. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 645 
Sec. 652. Presentation of United States flag to retiring members of the uniformed 
services not previously covered. 
Sec. 653. Disability retirement or separation for certain members with pre-existing 
conditions. 
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-up pre-
mium paid by persons electing SBP coverage during special open enroll-
ment period. 
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection Plan. 
Sec. 656. Extension of authority for pajonent of annuities to certain military sur-
viving spouses. 
Sec. 657. Effectuation of intended SBP annuity for former spouse when not elected 
by reason of untimely death of retiree. 
Sec. 658. Special compensation for severely disabled uniformed services retirees. 
Subtitle F—Eligibility To Participate in the Thrift Savings Plan 
Sec. 661. Participation in Thrift Savings Plan. 
Sec. 662. Special retention initiative. 
Sec. 663. Effective date. 
Subtitle G—Other Matters 
Sec. 671. Payment for unused leave in conjunction with a reenlistment. 
Sec. 672. Clarification of per diem eligibility for military technicians (dual status) 
serving on active duty without pay outside the United States. 
Sec. 673. Annual report on effects of initiatives on recruitment and retention. 
Sec. 674. Overseas special supplemental food program. 
Sec. 675. Tuition assistance for members deployed in a contingency operation. 
Sec. 676. Administration of Selected Reserve education loan repayment program for 
Coast Guard Reserve. 
Sec. 677. Sense of Congress regarding treatment under Internal Revenue Code of 
members receiving hostile fire or imminent danger special pay during 
contingency operations. 
Subtitle A—Pay and Allow^ances 
SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND 
Effective dates. 
REFORM OF BASIC PAY RATES. 
37 USC 1009 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 
to become effective during fiscal year 2000 required by section 
1009 of title 37, United States Code, in the rates of monthly basic 
pay authorized members of the uniformed services shall not be 
made. 
(b) JANUARY 1, 2000, INCREASE IN BASIC PAY.—Effective on 
January 1, 2000, the rates of monthly basic pay for members 
of the uniformed services are increased by 4.8 percent. 
(c) REFORM OF BASIC PAY RATES.—Effective on July 1, 2000, 
the rates of monthly basic pay for members of the uniformed serv-
ices within each pay grade are as follows: 
note. 
113 STAT. 646 
PUBLIC LAW 106-65—OCT. 5, 1999 
COMMISSIONED OFFICERS i 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
O-102 
0 - 9 .... 
0 - 8 .... 
0 - 7 .... 
0 - 6 .... 
0 - 5 .... 
0 - 4 .... 
0 - 3 3 
0 - 2 3 
0 - 1 3 
0 - 1 0 2 
0 - 9 .... 
0 - 8 .... 
0 - 7 .... 
0 - 6 .... 
0 - 5 .... 
0 - 4 .... 
0 - 3 3 
0 - 2 3 
0 - 1 3 
O-IO2 
0 - 9 .... 
0 - 8 .... 
0 - 7 .... 
0 - 6 .... 
0 - 5 .... 
0 - 4 .... 
0 - 3 3 
0 - 2 3 
0 - 1 3 
2 or less 
$0.00 
0.00 
6,594.30 
5,479.50 
4,061.10 
3,248.40 
2,737.80 
2,544.00 
2,218.80 
1,926.30 
Over 8 
$0.00 
0.00 
7,471.50 
6,282.00 
4,976.70 
4,291.80 
3,980.40 
3,702.60 
3,071.10 
2,423.10 
Over 18 
$0.00 
0.00 
8,503.80 
7,985.40 
6,086.10 
5,436.00 
4,808.70 
4,139.10 
3,071.10 
2,423.10 
Over 2 
$0.00 
0.00 
6,810.30 
5,851.80 
4,461.60 
3,813.90 
3,333.90 
2,884.20 
2,527.20 
2,004.90 
Over 10 
$0.00 
0.00 
7,540.80 
6,475.80 
5,004.00 
4,420.80 
4,252.50 
3,850.20 
3,071.10 
2,423.10 
Over 20 
$10,655.10 
9,319.50 
8,830.20 
7,985.40 
6,381.30 
5,583.60 
4,808.70 
4,139.10 
3,071.10 
2,423.10 
Over 3 
$0.00 
0.00 
6,953.10 
5,851.80 
4,754.40 
4,077.90 
3,556.20 
3,112.80 
2,910.90 
2,423.10 
Over 12 
$0.00 
0.00 
7,824.60 
6,669.00 
5,004.00 
4,659.30 
4,464.00 
4,040.40 
3,071.10 
2,423.10 
Over 22 
$10,707.60 
9,453.60 
9,048.00 
7,985.40 
6,549.00 
5,751.90 
4,808.70 
4,139.10 
3,071.10 
2,423.10 
Over 4 
$0.00 
0.00 
6,993.30 
5,894.40 
4,754.40 
4,127.70 
3,606.00 
3,364.80 
3,009.00 
2,423.10 
Over 14 
$0.00 
0.00 
7,906.20 
6,863.10 
5,169.30 
4,971.90 
4,611.00 
4,139.10 
3,071.10 
2,423.10 
Over 24 
$10,930.20 
9,647.70 
9,048.00 
7,985.40 
6,719.10 
5,751.90 
4,808.70 
4,139.10 
3,071.10 
2,423.10 
Over 6 
$0.00 
0.00 
7,171.80 
6,114.60 
4,772.40 
4,291.80 
3,812.40 
3,525.90 
3,071.10 
2,423.10 
Over 16 
$0.00 
0.00 
8,150.10 
7,471.50 
5,791.20 
5,286.00 
4,758.90 
4,139.10 
3,071.10 
2,423.10 
Over 26 
$11,318.40 
9,986.40 
9,048.00 
8,025.60 
7,049.10 
5,751.90 
4,808.70 
4,139.10 
3,071.10 
2,423.10 
1 Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned 
officers in grades 0-7 through O-IO may not exceed the rate of pay for level III of the Execu-
tive Schedule and the actual basic pay for all other officers, including warrant officers, may 
not exceed the rate of pay for level V of the Executive Schedule. 
2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint 
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air 
Force, Commandeint of the Marine Corps, or Commemdant of the Coast Guard, basic pay for 
this grade is calculated to be $12,441.00, regardless of cumulative years of service computed 
under section 205 of title 37, United States Code. 
^This table does not apply to commissioned officers in the grade 0-1, 0-2, or 0-3 who have 
been credited with over 4 years of active duty service as an enlisted member or warrant offi-
cer. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 647 
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY 
SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
0-3E 
0-2E 
0 - l E 
0-3E 
0-2E 
0 - l E 
0-3E 
0-2E 
0 - l E 
2 or less 
$0.00 
0.00 
0.00 
Over 8 
$3,702.60 
3,168.60 
2,683.80 
Over 18 
$4,416.90 
3,556.20 
3,009.00 
Over 2 
$0.00 
0.00 
0.00 
Over 10 
$3,850.20 
3,333.90 
2,781.30 
Over 20 
$4,416.90 
3,556.20 
3,009.00 
Over 3 
$0.00 
0.00 
0.00 
Over 12 
$4,040.40 
3,461.40 
2,877.60 
Over 22 
$4,416.90 
3,556.20 
3,009.00 
Over 4 
$3,364.80 
3,009.00 
2,423.10 
Over 14 
$4,200.30 
3,556.20 
3,009.00 
Over 24 
$4,416.90 
3,556.20 
3,009.00 
Over 6 
$3,525.90 
3,071.10 
2,588.40 
Over 16 
$4,291.80 
3,556.20 
3,009.00 
Over 26 
$4,416.90 
3,556.20 
3,009.00 
WARRANT OFFICERS 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
W-5 ... 
W-4 ... 
W-3 ... 
W-2 ... 
W-1 ... 
W-5 ... 
W-4 ... 
W-3 ... 
W-2 ... 
W-1 ... 
W-5 ... 
W-4 ... 
W-3 ... 
W-2 ... 
W-1 ... 
2 or less 
$0.00 
2,592.00 
2,355.90 
2,063.40 
1,719.00 
Over 8 
$0.00 
3,217.20 
2,814.90 
2,555.40 
2,332.80 
Over 18 
$0.00 
3,888.00 
3,418.50 
3,056.40 
2,835.00 
Over 2 
$0.00 
2,788.50 
2,555.40 
2,232.60 
1,971.00 
Over 10 
$0.00 
3,352.80 
2,974.20 
2,652.60 
2,433.30 
Over 20 
$4,475.10 
4,019.40 
3,539.10 
3,163.80 
2,910.90 
Over 3 
$0.00 
2,868.60 
2,555.40 
2,232.60 
1,971.00 
Over 12 
$0.00 
3,485.10 
3,071.10 
2,749.80 
2,533.20 
Over 22 
$4,628.70 
4,155.60 
3,659.40 
3,270.90 
2,910.90 
Over 4 
$0.00 
2,947.50 
2,588.40 
2,305.80 
2,135.70 
Over 14 
$0.00 
3,622.20 
3,177.00 
2,844.30 
2,634.00 
Over 24 
$4,782.90 
4,289.70 
3,780.00 
3,378.30 
2,910.90 
Over 6 
$0.00 
3,083.40 
2,694.30 
2,423.10 
2,232.60 
Over 16 
$0.00 
3,753.60 
3,298.20 
2,949.00 
2,734.80 
Over 26 
$4,937.40 
4,427.10 
3,900.90 
3,378.30 
2,910.90 
113 STAT. 648 
PUBLIC LAW 106-65—OCT. 5, 1999 
ENLISTED MEMBERS i 
Years of service computed under section 205 of title 37, United States Code 
10 u s e 1401 
note. 
Pay 
Grade 
E-92 .. 
E-8 .... 
E-7 .... 
E-6 .... 
E-5 .... 
E-4 .... 
E-3 .... 
E-2 .... 
E-1 .... 
E-92 
E-8 .... 
E-7 .... 
E-6 .... 
E-5 .... 
E-4 .... 
E-3 .... 
E-2 .... 
E-1 .... 
E-92.. 
E-8 .... 
E-7 .... 
E-6 .... 
E-5 .... 
E-4 .... 
E-3 .... 
E-2 .... 
E-1 .... 
2 or less 
$0.00 
0.00 
1,765.80 
1,518.90 
1,332.60 
1,242.90 
1,171.50 
1,127.40 
3 1,005.60 
Over 8 
$0.00 
2,528.40 
2,220.90 
1,973.10 
1,789.50 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 18 
$3,373.20 
2,932.50 
2,588.10 
2,283.30 
1,936.20 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 2 
$0.00 
0.00 
1,927.80 
1,678.20 
1,494.00 
1,373.10 
1,260.60 
1,127.40 
1,005.60 
Over 10 
$3,015.30 
2,601.60 
2,294.10 
2,047.20 
1,861.50 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 20 
$3,473.40 
3,026.10 
2,660.40 
2,283.30 
1,936.20 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 3 
$0.00 
0.00 
2,001.00 
1,752.60 
1,566.00 
1,447.20 
1,334.10 
1,127.40 
1,005.60 
Over 12 
$3,083.40 
2,669.70 
2,367.30 
2,118.60 
1,936.20 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 22 
$3,609.30 
3,161.10 
2,787.60 
2,285.70 
1,936.20 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 4 
$0.00 
0.00 
2,073.00 
1,824.30 
1,640.40 
1,520.10 
1,335.90 
1,127.40 
1,005.60 
Over 14 
$3,169.80 
2,751.60 
2,439.30 
2,191.50 
1,936.20 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 24 
$3,744.00 
3,295.50 
2,926.20 
2,285.70 
1,936.20 
1,593.90 
1,335.90 
1,123.20 
1,005.60 
Over 6 
$0.00 
0.00 
2,147.70 
1,899.30 
1,714.50 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 16 
$3,271.50 
2,840.10 
2,514.00 
2,244.60 
1,936.20 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
Over 26 
$3,915.90 
3,483.60 
3,134.40 
2,285.70 
1,936.20 
1,593.90 
1,335.90 
1,127.40 
1,005.60 
1 Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted 
members may not exceed the rate of pay for level V of the Executive Schedule. 
2 Subject to the preceding footnote, while serving as Sergeant Msgor of the Army, Master 
Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Megor of the 
Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is 
$4,701.00, regardless of cumulative years of service computed under section 205 of title 37, 
United States Code. 
3 In the case of members in the grade E-1 who have served less than 4 months on active 
duty, basic pay is $930.30. 
(d) LIMITATION ON PAY ADJUSTMENTS.—Effective January 1, 
2000, section 203(a) of title 37, United States Code, is amended— 
(1) by inserting "(1)" after "(a)"; and 
(2) by adding at the end the following new paragraph: 
"(2) Notwithstanding the rates of basic pay in effect at any 
time as provided by law, the rates of basic pay payable for commis-
sioned officers in pay grades 0-7 through O-IO may not exceed 
the monthly equivalent of the rate of pay for level III of the 
Executive Schedule, and the rates of basic pay payable for all 
other officers and for enlisted members may not exceed the monthly 
equivalent of the rate of pay for level V of the Executive Schedule.". 
(e) RECOMPUTATION OF RETIRED PAY FOR CERTAIN RECENTLY 
RETIRED OFFICERS.—In the case of a commissioned officer of the 
uniformed services who retired during the period beginning on 
April 30, 1999, through December 31, 1999, and who, at the time 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 649 
of retirement, was in pay grade 0-7, 0-8, 0-9, or O-IO, the 
retired pay of that officer shall be recomputed, effective as of 
January 1, 2000, using the rate of basic pay that would have 
been applicable to the computation of that officer's retired pay 
if the provisions of paragraph (2) of section 203(a) of title 37, 
United States Code, as added by subsection (d), had taken effect 
on April 30, 1999. 
SEC. 602. PAY INCREASES FOR FISCAL YEARS 2001 THROUGH 2006. 
(a) ECI+0.5 PERCENT INCREASE FOR ALL MEMBERS.—Section 
1009(c) of title 37, United States Code, is amended— 
(1) by inserting "(1)" after 
"(c) EQUAL 
PERCENTAGE 
INCREASE FOR ALL MEMBERS.—"; and 
(2) by adding at the end the following new paragraph: 
"(2) Notwithstanding paragraph (1), but subject to subsection 
(d), an adjustment taking effect under this section during each 
of fiscal years 2001 through 2006 shall provide all eligible members 
with an increase in the monthly basic pay by the percentage equal 
to the sum of— 
"(A) one percent; plus 
"(B) the percentage calculated as provided under section 
5303(a) of title 5 for that fiscal year, without regard to whether 
rates of pay under the statutory pay systems are actually 
increased during that fiscal year under that section by the 
percentage so calculated.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 37USC1009 
(a) shall take effect on October 1, 2000. 
note. 
SEC 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2000 
INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE 
THE UNITED STATES. 
In addition to the amount determined by the Secretary of 
Defense under section 403(b)(3) of title 37, United States Code, 
to be the total amount that may be paid during fiscal year 200() 
for the basic allowance for housing for military housing areas inside 
the United States, $225,000,000 of the amount authorized to be 
appropriated by section 421 for military personnel shall be used 
by the Secretary to further increase the total amount available 
for the basic allowance for housing for military housing areas inside 
the United States. 
Subtitle B—^Bonuses and Special and 
Incentive Pays 
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY 
AUTHORITIES FOR RESERVE FORCES. 
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY 
SHORT WARTIME SPECIALTIES.—Section 302g(f) of title 37, United 
States Code, is amended by striking "December 31, 1999" and 
inserting "December 31, 2000". 
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f) 
of such title is amended by striking "December 31, 1999" and 
inserting "December 31, 2000". 
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) 
of such title is Eimended by striking "December 31, 1999" £ind 
inserting "December 31, 2000". 
69-194 - 01 - 22 :QL 3 Parti 
113 STAT. 650 
PUBLIC LAW 106-65—OCT. 5, 1999 
(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.—Section 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 striking "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 inserting "January 1, 2001". 
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY 
AUTHORITIES FOR NURSE OFFICER CANDIDATES, REG-
ISTERED NURSES, AND NURSE ANESTHETISTS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(l) 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)(l) of title 37, United States Code, is amended by striking 
"December 31, 1999" and inserting "December 31, 2000". 
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(l) of title 37, United States Code, is amended by striking 
"December 31, 1999" and inserting "December 31, 2000". 
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
OTHER BONUSES AND SPECIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 
title 37, United States Code, is amended by striking "December 
31, 1999," and inserting "December 31, 2000,". 
(b) 
REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 
308(g) of such title is amended by striking "December 31, 1999" 
and inserting "December 31, 2000". 
(c) ENLISTMENT BONUS FOR PERSONS WITH CRITICAL SKILLS.— 
Section 308a(d) of such title, as redesignated by section 619(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 "October 1, 1998," 
and all that follows through the period at the end and inserting 
"December 31, 2000.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 651 
SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY FOR AIR 
BATTLE MANAGERS. 
(a) APPLICABLE INCENTIVE PAY RATE.—Section 301a(b) of title 
37, United States Code, is amended by adding 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 section and who, before 
becoming entitled to aviation career incentive pay, was entitled 
to incentive pay under section 301(a)(ll) of this title, shall be 
paid the monthly incentive pay at the higher of the following 
rates: 
"(A) The rate otherwise applicable to the member under 
this subsection. 
"(B) The rate at which the member was receiving 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 subsection (a) Applicability. 
shall take effect on October 1, 1999, and shall apply with respect 37USC30la 
to months beginning on or after that date. 
note. 
SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL PAY TO 
AVIATION CAREER OFFICERS EXTENDING 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 0-6" and inserting 
"grade 0-7"; 
(3) by inserting "and" at the end of paragraph (4); and 
(4) by redesignating paragraphs (3), (4), and (6) as para-
graphs (2), (3), and (4), respectively. 
(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 "them $25,000 for each year covered 
by the written agreement to remain on active duty.". 
(c) PRORATION AUTHORITY FOR COVERAGE OF INCREASED 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 ANNUAL REPORT.— 
Subsection (i)(l) of such section is amended 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 paragraph (2). 
(f) TECHNICAL AMENDMENT.—Subsection (g)(3) of such section 
is amended by striking the second sentence. 
(g) EFFECTIVE DATE.—^The amendments made by this section Applicability, 
shall take effect on October 1, 1999, and shall apply with respect 37 USC 301b 
to months beginning on or after that date. 
^°^-
113 STAT. 652 
PUBLIC LAW 106-65—OCT. 5, 1999 
Applicability. 
37 u s e 303 note. 
Applicability. 
37 u s e 304 note. 
Applicability. 
37 u s e 308 note. 
SEC. 616. ADDITIONAL SPECIAL PAY FOR BOARD CERTIFIED VETERI-
NARIANS IN THE ARMED FORCES AND PUBLIC HEALTH 
SERVICE. 
(a) AUTHORITY.—Section 303 of title 37, United States Code, 
is amended— 
(1) by inserting "(a) MONTHLY SPECIAL PAY.—" before 
"Each"; and 
(2) by adding at the end the following: 
"(b) ADDITIONAL SPECIAL PAY FOR BOARD CERTIFICATION.—A 
commissioned officer entitled to special pay under subsection (a) 
who has been certified as a Diplomate in a specialty recognized 
l)y the American Veterinarian Medical Association is entitled to 
special pay (in addition to the special pay under subsection (a)) 
at the same rate as is provided under section 302c(b) of this title 
for an officer referred to in that section who has the same number 
of years of creditable service as the commissioned officer.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 1999, and shall apply with 
respect to months beginning on and after that date. 
SEC. 617. DIVING DUTY SPECIAL PAY. 
(a) INCREASE IN RATE.—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 is amended to read as follows: 
"(c) If, in addition to diving duty, a member is assigned 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 hazardous duty for which the member 
is qualified.". 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall take effect on October 1, 1999, and shall apply 
with respect to special pay paid under such section for months 
beginning on or after that date. 
SEC. 618. R E E N L I S T M E N T 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) INCREASE IN MAXIMUM AMOUNT OF BONUS.—Subsection 
(a)(2) of such section is amended— 
(1) in subparagraph (A)(i), by striking "ten" and inserting 
"15"; and 
(2) in subparagraph (B), by striking "$45,000" and inserting 
"$60,000". 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall take effect on October 1, 1999, and shall apply 
with respect to reenlistments and extensions of enlistments taking 
effect on or after that date. 
SEC. 619. ENLISTMENT BONUS. 
(a) INCREASE IN MAXIMUM 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 fiirther amended— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 653 
(1) in subsection (a), by striking the second sentence; 
(2) by redesignating subsections (b) and (c) as subsections 
(c) and (d); and 
(3) by inserting after subsection (a) the following new sub-
section: 
"(b) PAYMENT METHODS.—^A bonus under this section may be 
paid in a single lump sum, or in periodic installments, to provide 
an extra incentive for a member to successfully 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— 
(1) in subsection (a), by inserting "BONUS AUTHORIZED; 
BONUS AMOUNT.—" after "(a)"; 
(2) in subsection (c), as redesignated by subsection (b)(2) 
of this section, by inserting "REPAYMENT OF BONUS.—" after 
"(c)"; and 
(3) in subsection (d), as redesignated by subsection (b)(2) 
of this section, by inserting "TERMINATION OF AUTHOR-
ITY.—" after "(d)". 
(d) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 1999, and shall apply with respect 
to enlistments and extensions of enlistments taking effect on or 
after that date. 
SEC. 620. SELECTED RESERVE ENLISTMENT BONUS. 
(a) ELIMINATION OF REQUIREMENT FOR MINIMUM PERIOD OF 
ENLISTMENT.—Subsection (a) of section 308c of title 37, United 
States Code, is amended by striking "for a term of enlistment 
of not less than six years". 
(b) INCREASED MAXIMUM AMOUNT.—Subsection (b) of such sec-
tion is amended by striking "$5,000" and inserting "$8,000", 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall take effect on October 1, 1999, and shall apply 
with respect to enlistments entered into on or after that date. 
SEC. 621. SPECIAL PAY FOR MEMBERS OF THE COAST GUARD 
RESERVE ASSIGNED TO mGH PRIORITY UNITS OF THE 
SELECTED RESERVE. 
Section 308d(a) of title 37, United States Code, is amended 
by inserting "or the Secretary of Transportation with respect to 
the Coast Guard when it is not operating as a service in the 
Navy, " after "Secretary of Defense,". 
SEC. 622. REDUCED MINIMUM PERIOD OF ENLISTMENT IN ARMY IN 
CRITICAL SKILL FOR ELIGIBILITY FOR ENLISTMENT 
BONUS. 
(a) REDUCED REQUIREMENT.—Paragraph (3) of section 308f[a) 
of title 37, United States Code, is amended by striking "3 years" 
£ind inserting "2 years". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 1999, and shall apply with respect 
to enlistments entered into on or after that date. 
SEC. 623. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE 
ENLISTMENT BONUS UPON ATTAINING A CRITICAL SKILL. 
(a) REVISED ELIGIBILITY REQUIREMENTS FOR BONUS.—Section 
308i(a) of title 37, United States Code, is amended by striking 
paragraph (2) and inserting the following new paragraph: 
Applicability. 
37 u s e 308a 
note. 
Applicability. 
37 u s e 308c 
note. 
Applicability. 
37USC308f 
note. 
113 STAT. 654 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(2) A bonus may only be paid iinder 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 enlistment in a reserve 
component. 
"(C) The person is projected to occupy, or is occupying, 
a position as a member of the Selected Reserve in a specialty 
in which the person— 
"(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 spe-
cialty skill that is designated as critically 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 enlistment, reenlistment, or 
extension of enlistment in a reserve component.". 
Applicability. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
37 use 308i 
shall take effect on October 1, 1999, and shall apply to enlistments 
^°^^- 
beginning on or after that date. 
SEC. 624. 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)(l) 
of such title is amended by striking "$10,000" and inserting 
. "$20,000". 
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUSES.—Section 
312c of such title is amended— 
(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". 
Applicability. 
(d) EFFECTIVE DATE.—(1) The amendments made by subsections 
37 use 312 note, (a) and (b) shall take effect on October 1, 1999, and shall apply 
to agreements under section 312 or 312b of such title entered 
into on or after that date. 
37 use 312c 
(2) The amendments made by subsection (c) shall take effect 
note. 
on October 1, 1999, and shall apply with respect to nuclear service 
years beginning on or after that date. 
SEC. 625. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR 
FOREIGN LANGUAGE PROFICIENCY PAY. 
(a) INCREASE.—Section 316(b) of title 37, United States Code, 
is amended by striking "$100" and inserting "$300". 
Applicability. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
37LFSe3i6note. shall take effect on October 1, 1999, and shall apply with respect 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 655 
to foreign language proficiency pay paid under section 316 of such 
title for months beginning on or after that date. 
SEC. 626. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL WAR-
FARE OFFICERS EXTENDING PERIODS OF ACTIVE DUTY. 
(a) BONUS AUTHORIZED.—(1) 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 specialty or 
designator identified by the Secretary concerned 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 specified in subsection (c) 
and who executes a written agreement 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. 
"(c) ELIGIBILITY REQUIREMENTS.—A special warfare officer may 
apply to enter into an agreement referred to in subsection (b) 
if the officer— 
"(1) is in pay grade 0-3, or is in pay grade 0-4 and 
is not on a list of officers recommended for promotion, 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 giny service commitment incurred 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 payable 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 becomes fixed. 
"(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 pajnnent equal 
to half the total amount payable under the agreement. The 
balance of the bonus amount shall be paid in equal annual 
installments on the anniversary of the acceptance of the agree-
ment. 
"(B) The Secretary concerned may make graduated annual 
payments under regulations prescribed by the Secretary, with 
the first pajmtient being payable at the time the agreement 
is accepted by the Secretary and subsequent pa3mients being 
payable on the anniversary of the acceptance of the agreement. 
113 STAT. 656 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(g) ADDITIONAL PAY.—A retention bonus paid under this sec-
tion 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 concerned may require the officer 
to repay the United States, on a pro rata basis and to the extent 
that the Secretary determines conditions and circumstances war-
rant, 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 discharge 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. Regu-
lations prescribed by the Secretary of a military department under 
this section shall be subject to the approval of the Secretary of 
Defense.". 
(2) 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.". 
37 use 318 note. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 1999. 
SEC. 627. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINU-
ATION PAY. 
(a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of title 37, 
United States Code, is amended by inserting after section 318, 
as added by section 626, the following new section: 
"§ 319. Special pay: surface warfare officer continuation pay 
"(a) ELIGIBLE SURFACE WARFARE OFFICER DEFINED.—In this 
section, the term 'eligible surface warfare officer' means an officer 
of the Regular Navy or Naval Reserve on active duty who— 
(1) is qualified and serving as a surface warfare officer; 
"(2) has been selected for assignment as a department 
head on a surface vessel; and 
"(3) has completed any service commitment incurred 
through the officer's original commissioning program. 
"(b) SPECIAL PAY AUTHORIZED.—An eligible surface warfare 
officer who executes a written agreement to remain on active duty 
to complete one or more tours of duty to which the officer may 
be ordered as a department head on a surface vessel 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 agree-
ment under subsection (b) by the Secretary of the Navy, the total 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 657 
amount payable pursuant to the agreement becomes fixed. The 
Secretary shall prepare an implementation plsin specifying the 
amount of each installment pajonent 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 received all or part of 
the amount payable under the agreement fails to complete the 
total period of active duty as a department head on a surface 
vessel specified in the agreement, 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 
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 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 (b) does not discharge the officer signing 
the agreement from a debt arising under such agreement or under 
paragraph (1). 
"(g) REGULATIONS.—The Secretary of the Navy 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 318 the following new item: 
"319. Special pay: surface warfare officer continuation pay.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
37 USC 319 note, 
(a) shall take effect on October 1,1999. 
SEC. 628. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE 
PAY. 
(a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of title 37, 
United States Code, is amended by inserting after section 319, 
as added by section 627, the following new section: 
"§ 320. Incentive pay: career enlisted flyers 
"(a) ELIGIBLE CAREER ENLISTED FLYER DEFINED.—In this sec-
tion, 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 section; 
"(2) holds £in enlisted military occupational specialty or 
enlisted military rating designated as a career enlisted flyer 
specialty or rating by the Secretary concerned, performs duty 
as a dropsonde system operator, or is in training leading to 
qualification and designation of such a specialty or rating or 
the performance of such duty; 
"(3) is qualified for aviation service under regulations pre-
scribed by the Secretary concerned; and 
"(4) satisfies the operational flying duty requirements 
applicable under subsection (c). 
"(b) INCENTIVE PAY AUTHORIZED.—(1) The Secretary concerned 
may pay monthly incentive pay to an eligible career enlisted flyer 
113 STAT. 658 
PUBLIC LAW 106-65—OCT. 5, 1999 
Regulations. 
in an amount not to exceed the monthly maximum amounts speci-
fied in subsection (d). The incentive pay may be paid as continuous 
monthly incentive pay or on a month-to-month basis, dependent 
upon the operational 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 eligible career enlisted 
flyer may still receive incentive pay on a month-to-month basis 
under subsection (c)(4) for the frequent and regular performance 
of operational fl3ang duty. 
"(c) OPERATIONAL FLYING DUTY REQUIREMENTS.—(1) An eligible 
career enlisted flyer must perform operational 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. 
"(2) Upon completion of 10, 15, or 20 years of aviation service, 
an enlisted member who has not performed the minimum required 
operational flying duties specified in paragraph (1) during the pre-
scribed period, although otherwise meeting the definition in sub-
section (a), may no longer be paid continuous monthly incentive 
pay except as provided in paragraph (3). Pa3anent of continuous 
monthly incentive pay may be resumed if the member meets the 
minimum operational flying duty requirement upon completion of 
the next established period of aviation service. 
"(3) For the needs of the service, the Secretary concerned may 
permit, on a case-by-case basis, a member to continue to receive 
continuous monthly incentive pay despite the member's failure to 
perform the operational flying duty required during the first 10, 
15, or 20 years of aviation service, but only if the member otherwise 
meets the definition 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 operational flying 
duty during the first 20 years of aviation service. The authority 
of the Secretary concerned under this paragraph may not be dele-
gated below the level of the Service Personnel Chief 
"(4) If the eligibility of an eligible career enlisted flyer to contin-
uous monthly incentive pay ceases under subsection (b)(2) or para-
graph (2), the member may still receive month-to-month incentive 
pay for subsequent frequent and regular performance of operational 
fl3dng 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 RATES.—The monthly rate of any 
career enlisted flyer incentive pay paid under this section to a 
member on active duty shall be prescribed by the Secretary con-
cerned, but may not exceed the following: 
'Years of aviation service 
Monthly rate 
4 or less 
$150 
Over 4 
$225 
Overs 
$350 
Over 14 
$400. 
"(e) ELIGIBILITY OF RESERVE COMPONENT MEMBERS WHEN PER-
FORMING 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 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 659 
section 206 of this title, meets the definition of eUgible career 
enhsted flyer, the Secretary concerned may increase the member's 
compensation by an amount equal to Vao of the monthly incentive 
pay authorized by the Secretary concerned under subsection (d) 
for a member of corresponding years of aviation service who 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 period 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 equiva-
lent training, instruction, duty or appropriate duties, as the Sec-
retary may prescribe under section 206(a) of this title. 
"(f) RELATION TO HAZARDOUS DUTY INCENTIVE PAY OR DIVING 
DUTY SPECIAL PAY.—A member receiving incentive pay under sec-
tion 301(a) of this title or special pay under section 304 of this 
title may not be paid special 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 member 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 OPERATORS.— 
Within the Air Force, the Secretary of the Air Force shall assign 
to members who are dropsonde system 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 participation 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 per-
formed under competent orders while serving 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 
concerned, £ind flying duty performed by members in training 
that leads to the award of an enlisted aviation rating or military 
occupational specialty designated as a career enlisted flyer 
rating or specialty by the Secretary concerned.". 
(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 319 the following new item: 
"320. Incentive pay: career enlisted flyers.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
37 use 320 note, 
(a) shall take effect on October 1, 1999. 
SEC. 629. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION 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 628, the following new section: 
"§ 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— 
113 STAT. 660 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
"(1) is qualified and serving as a judge advocate, as defined 
in section 801 of title 10; and 
"(2) has completed— 
"(A) the active duty service obligation incurred through 
the officer's original commissioning program; or 
"(B) in the case of an officer detailed under section 
2004 of title 10 or section 470 of title 14, the active duty 
service obligation incurred as part of that detail. 
"(b) SPECIAL PAY AUTHORIZED.—An eligible judge advocate who 
executes a written agreement to remain on active duty for a period 
of obligated service specified in the agreement may, upon the accept-
ance of the agreement by the Secretary concerned, be paid continu-
ation pay under this section. The total amount paid to an officer 
under one or more agreements under this section may not exceed 
$60,000. 
"(c) PRORATION.—The term of an agreement under subsection 
(b) and the amount payable under the agreement may be prorated. 
"(d) PAYMENT METHODS.—Upon acceptance of an agreement 
under subsection (b) by the Secretary concerned, the total amount 
payable pursuant to the agreement becomes fixed. The Secretary 
shall prepare an implementation plan specifying the amount of 
each installment payment under the agreement and the times for 
pa3anent of the installments. 
"(e) ADDITIONAL PAY.—^Any amount paid to an officer under 
this section is in addition to any other pay and allowances to 
which the officer is entitled. 
"(f) REPAYMENT.—(1) If an officer who has entered into a written 
agreement under subsection (b) and has received all or part of 
the amount payable under the agreement fails to complete the 
total period of active duty specified in the agreement, the Secretary 
concerned may require the officer to repay the United States, to 
the extent that the Secretary determines conditions and cir-
cumstances 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 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 (b) does not discharge the officer signing 
the agreement fi-om a debt arising under such agreement or under 
paragraph (1). 
"(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 RECRUITMENT AND 
RETENTION INITIATIVES.—(1) The Secretary of Defense shall conduct 
a study regarding the need for additional incentives to improve 
the recruitment and retention of judge advocates for the Armed 
Forces. At a minimum, the Secretary shall consider as possible 
incentives constructive service credit for basic pay, educational loan 
repajnnent, 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 
fi*om 
the study. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 661 
(c) EFFECTIVE DATE.—The amendments made by subsection 
37 use 321 note, 
(a) shall take effect on October 1, 1999. 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 631. PROVISION OF LODGING IN KIND FOR RESERVISTS PER-
FORMING TRAINING DUTY AND NOT OTHERWISE ENTI-
TLED TO TRAVEL AND TRANSPORTATION 
ALLOWANCES. 
(a) PROVISION.—Paragraph (1) of subsection (i) of section 404 
of title 37, United States Code, is amended by adding at the end 
the following new sentence: "If transient government housing is 
unavailable or inadequate, the Secretary concerned may provide 
the member with lodging in kind in the same manner as members 
entitled to such allowances under subsection (a).". 
(b) PAYMENT METHODS.—Paragraph (3) of such subsection is 
amended— 
(1) by inserting after "paragraph (1)" the following: "and 
expenses of providing lodging in kind under such paragraph"; 
and 
(2) by adding at the end the following new sentence: "Use 
of Government charge cards is authorized for payment of these 
expenses.". 
(c) DECISIONMAKING.—Such subsection is further amended by 
adding at the end the following new paragraph: 
"(4) Decisions regarding the availability or adequacy of govern-
ment housing at a military installation under paragraph (1) shall 
be made by the installation commander.". 
SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES FOR MEM-
BERS MAKING THEIR FIRST PERMANENT CHANGE OF STA-
TION. 
(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 inserung "or" after the semicolon; 
and 
(3) by inserting after paragraph (2) the following new para-
graph: 
"(3) in the case of sin enlisted member who is reporting 
to the member's first permanent duty station, from the mem-
ber'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. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL 
TO CONTINENTAL UNITED STATES. 
Section 411d(b)(l) of title 37, United States Code, is amended— 
(1) in subparagraph (A), by striking "or" at the end; 
(2) by redesignating subparagraph (B) as subparagraph 
(C); and 
113 STAT. 662 
PUBLIC LAW 106-65—OCT. 5, 1999 
(3) by inserting after subparagraph (A) the following 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". 
Subtitle D—^Retired Pay Reform 
SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY TO MEM-
BERS ELECTING NEW 15-YEAR CAREER STATUS BONUS. 
(a) RETIRED PAY MULTIPLIER.—Paragraph (2) of section 1409(b) 
of title 10, United States Code, is amended by inserting after 
"July 31, 1986," the following: "has elected to receive a bonus 
under section 322 of title 37,". 
(b) CosT-OF-LiviNG ADJUSTMENTS.—(1) Paragraph (2) of section 
1401a(b) of such title is amended by striking "Ine Secretary shall 
increase the retired pay of each member £ind former member who 
first became a member of a uniformed service before August 1, 
1986," and inserting "Except as otherwise provided in this sub-
section, the Secretary shall increase the retired pay of each member 
and former member". 
(2) Paragraph (3) of such section is amended by inserting after 
"August 1, 1986," the following: "and has elected to receive a bonus 
under section 322 of title 37,". 
(c) RECOMPUTATION OF RETIRED PAY AT AGE 62.—Section 1410 
of such title is amended by inserting after "August 1, 1986," the 
following: "who has elected to receive a bonus under section 322 
of title 37,". 
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 629, the following new section: 
"§ 322. Special pay: 15-year career status bonus for members 
entering service on or after August 1,1986 
"(a) AVAILABILITY OF BoNUS.—The Secretary concerned 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 Sec-
retary concerned) to remain continuously on active duty until 
the member has completed 20 years of active-duty service cred-
itable under section 1405 of title 10. 
"(b) ELIGIBLE CAREER BONUS MEMBER DEFINED.—In this sec-
tion, 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). 
"(c) ELECTION METHOD.—^An election under subsection (a)(1) 
shall be made in such form and within such period as the Secretary 
concerned may prescribe. An election under that subsection is irrev-
ocable. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 663 
Notification. 
Deadline. 
"(d) AMOUNT OF BONUS; PAYMENT.—(1) A bonus under this 
section shall be paid in a single lump sum of $30,000. 
"(2) The bonus shall be paid to an eligible career bonus member Deadline, 
not later than the first month that begins on or aft;er the date 
that is 60 days after the date on which the Secretary concerned 
receives fi'om the member the election required under subsection 
(a)(1) and the written agreement required under subsection (a)(2), 
if applicable. 
"(e) NOTIFICATION OF ELIGIBILITY.—(1) The Secretary concerned 
shall transmit to each member who meets the definition of eligible 
career bonus member a written notification of the opportunity of 
the member to elect to receive 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: 
"(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 election 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 a period of active duty beginning 
on the date on which the election of the person under subsection 
(a)(1) is received and ending on the date on which the person 
completes 20 years of active-duty service as described in subsection 
(a)(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 uncompleted part of that period of active-duty service bears 
to the total period of such service. 
"(2) Subject to paragraph (3), an obligation to reimburse 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 Secretary concerned 
determines that recovery would be against equity and good con-
science 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 agreement or this subsection,". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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.—(1) Section 1451(h)(3) of title 10, United States Code, 
is amended by inserting "OF CERTAIN MEMBERS" after "RETIREMENT". 
(2) Section 1452(i) of such title is amended by striking "When 
the retired pay" and inserting "Whenever the retired pay". 
(b) RELATED TECHNICAL AMENDMENTS.—Chapter 71 of such 
title is amended as follows: 
(1) Section 1401a(b) is amended— 
113 STAT. 664 
PUBLIC LAW 106-65—OCT. 5, 1999 
10 u s e 1401a 
note. 
(A) by striking the heading for paragraph (1) and 
inserting "INCREASE REQUIRED.—"; 
(B) by striking the heading for paragraph (2) and 
inserting "PERCENTAGE INCREASE.—"; and 
(C) by striking the heading for paragraph (3) and 
inserting "REDUCED PERCENTAGE FOR CERTAIN POST-AUGUST 
1, 1986 MEMBERS.—". 
(2) Section 1409(b)(2) is amended by inserting "CERTAIN" 
in the paragraph heading after "REDUCTION APPLICABLE TO". 
(3)(A) The heading of section 1410 is amended by inserting 
"certain" before "members". 
(B) The item relating to such section in the table of sections 
at the beginning of such chapter is amended by inserting "cer-
tain" before "members". 
SEC. 644. EFFECTIVE DATE. 
The amendments made by sections 641, 642, and 643 shall 
take effect on October 1, 1999. 
Subtitle E—Other Matters Relating to 
Military Retirees and Survivors 
10 u s e 1466 
note. 
SEC. 651. REPEAL OF REDUCTION IN RETIRED PAY FOR MILITARY 
RETIREES EMPLOYED IN CIVILIAN POSITIONS. 
(a) REPEAL.—(1) Section 5532 of title 5, United States Code, 
is repealed. 
(2) The table of sections at the beginning of chapter 55 of 
such title is amended by striking the item relating to section 5532. 
(b) CONTRIBUTIONS TO DEPARTMENT OF DEFENSE MILITARY 
RETIREMENT FUND.—Section 1466 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(c)(1) The Secretary of Defense shall pay into the Fund at 
the beginning of each fiscal year such amount as may be necessary 
to pay the cost to the Fund for that fiscal year resulting from 
the repeal, as of October 1, 1999, of section 5532 of title 5, including 
any actuarial loss to the Fund resulting from increased benefits 
paid fi*om the Fund that are not fully covered by the pajnnents 
made to the Fund for that fiscal year under subsections (a) and 
(b). 
"(2) Amounts paid into the Fund under this subsection shall 
be paid from funds available for the pay of members of the armed 
forces under the jurisdiction of the Secretary of a military depart-
ment. 
"(3) The Department of Defense Retirement Board of Actuaries 
shall determine, for each armed force, the amount required under 
paragraph (1) to be deposited in the Fund each fiscal year.". 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 1999. 
SEC. 652. PRESENTATION OF UNITED STATES FLAG TO RETIRING 
MEMBERS OF THE UNIFORMED SERVICES NOT PRE-
VIOUSLY 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: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 665 
"§ 12605. Presentation of United States flag: members trans-
ferred from an active status or discharged 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 eUgibihty for retired 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 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.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"12605. Presentation of United States flag: members transferred from an active sta-
tus 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) PRESENTATION OF FLAG.—Upon the release of 42USC2i4. 
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 a flag under this section 
or any other provision of law providing 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 ADMINISTRATION.— 
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) PRESENTATION OF FLAG UPON RETIREMENT.—Upon 33 use 853v. 
the release of a commissioned officer 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 providing 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 Applicability. 
Code (as added by subsection (a)), section 213 of the Pubhc Health 
10 USC 12605 
Service Act (as added by subsection (b)), and section 25 of the 
^°^-
Coast and Geodetic Survey Commissioned Officers' Act of 1948 
113 STAT. 666 
PUBLIC LAW 106-65—OCT. 5, 1999 
(as added by subsection (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.—Sections 
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 release from active service for retirement.". 
SEC. 653. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN 
MEMBERS WITH PRE-EXISTING CONDITIONS. 
(a) DISABILITY RETIREMENT.—(1) Chapter 61 of title 10, United 
States Code, is amended by inserting after section 1207 the fol-
lowing new section: 
"§ 1207a. Members with over eight years of active service: 
eligibility 
for disability 
retirement 
for pre-
existing conditions 
"(a) In the case of a member described in subsection (b) who 
would he covered by section 1201, 1202, or 1203 of this title but 
for the fact that the member's disability is determined to have 
been incurred before the member became entitled to basic pay 
in the member's current period of active duty, the disability shall 
be deemed to have been incurred while the member was entitled 
to basic pay and shall be so considered for purposes of determining 
whether the disability was incurred in the line of duty. 
"(b) A member described in subsection (a) is a member with 
at least eight years of active service.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1207 
the following new item: 
"1207a. Members with over eight years of active service: eUgibility for disability re-
tirement for pre-existing conditions.". 
(b) NONREGULAR SERVICE RETIREMENT.—(1) Chapter 1223 of 
such title is amended by inserting after section 12731a the following 
new section: 
'*§ 12731b. Special rule for members with physical disabil-
ities not incurred in line of duty 
"(a) In the case of a member of the Selected Reserve of a 
reserve component who no longer meets the qualifications for mem-
bership in the Selected Reserve solely because the member is unfit 
because of physical disability, the Secretary concerned may, for 
purposes of section 12731 of this title, determine to treat the 
member as having met the service requirements of subsection (a)(2) 
of that section and provide the member with the notification 
required by subsection (d) of that section if the member has com-
pleted at least 15, and less than 20, years of service computed 
under section 12732 of this title. 
"(b) Notification under subsection (a) may not be made if— 
"(1) the disability was the result of the member's inten-
tional misconduct, willful neglect, or willful failure to comply 
with standards and qualifications for retention established by 
the Secretary concerned; or 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 667 
"(2) the disability was incurred during a period of unauthor-
ized absence.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 12731a 
the following new item: 
"12731b. Special rule for members with physical disabilities not incurred in line of 
duty.". 
(c) SEPARATION.—Section 1206(5) of such title is amended by 
inserting ", in the case of a disability incurred before the date 
of the enactment of the National Defense Authorization Act for 
Fiscal Year 2000," after "determination, and". 
SEC. 654. CREDIT TOWARD PAID-UP SBP COVERAGE FOR MONTHS 
COVERED BY MAKE-UP PREMIUM PAID BY PERSONS 
ELECTING 
SBP 
COVERAGE 
DURING 
SPECIAL 
OPEN 
ENROLLMENT PERIOD. 
Section 642 of the 
Strom Thurmond 
National 
Defense 
Authorization Act for Fiscal Year 1999 (Pubhc Law 105-261; 112 
Stat. 2045; 10 U.S.C. 1448 note) is amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following new sub-
section (h): 
"(h) 
CREDIT TOWARD PAID-UP COVERAGE.—Upon payment of 
the total amount of the premiums charged a person under sub-
section (g), the retired pay of a person participating in the Survivor 
Benefit Plan pursuant to an election under this section shall be 
treated, for the purposes of subsection (j) of section 1452 of title 
10, United States Code, as having been reduced under such section 
1452 for the months in the period for which the person's retired 
pay would have been reduced if the person had elected to participate 
in the Survivor Benefit Plan at the first opportunity that was 
afforded the person to participate.". 
SEC. 655. PAID-UP 
COVERAGE 
UNDER 
RETIRED 
SERVICEMAN'S 
FAMILY PROTECTION PLAN. 
(a) CONDITIONS.—Subchapter I of chapter 73 of title 10, United 
States Code, is amended by inserting after section 1436 the fol-
lowing new section: 
''§ 1436a. Coverage paid up at 30 years and age 70 
"Effective October 1, 2008, a reduction under this subchapter 
Effective date. 
in the retired or retainer pay of a person electing an annuity 
under this subchapter may not be made for any month after the 
later o
f
— 
"(1) the month that is the 360th month for which that 
person's retired or retainer pay is reduced pursuant to such 
an election; and 
"(2) the month during which that person attains 70 years 
of age.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item 
relating to section 1436 the following new item: 
"1436a. Coverage paid up at 30 years and age 70.". 
113 STAT. 668 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 656. EXTENSION OF AUTHORITY FOR PAYMENT OF ANNUITIES 
TO CERTAIN MILITARY SURVIVING SPOUSES. 
(a) COVERAGE OF SURVIVING SPOUSES OF ALL "GRAY-AREA" 
RETIREES.—Subsection (a)(1)(B) of section 644 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1800; 10 U.S.C. 1448 note) is amended by striking 
"during the period beginning on September 21, 1972, and ending 
on" and inserting "before". 
(b) PERMANENT AUTHORITY FOR PAYMENT O F ANNUITIES.—Sub-
section (f) of such section is repealed. 
10 use 1448 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
J^ote. 
shall apply with respect to annuities payable for months beginning 
after September 30, 1999. 
10 use 1450 
SEC. 657. EFFECTUATION OF INTENDED SEP ANNUITY FOR FORMER 
note. 
SPOUSE WHEN NOT ELECTED BY REASON OF UNTIMELY 
DEATH OF RETIREE. 
(a) CASES NOT COVERED BY EXISTING AUTHORITY.—Paragraph 
(3) of section 1450(f) of title 10, United States Code, as in effect 
on the date of the enactment of this Act, shall apply in the case 
of a former spouse of any person referred to in that paragraph 
who— 
(1) incident to a proceeding of divorce, dissolution, or 
annulment— 
(A) entered into a written agreement on or after August 
21, 1983, to make an election under section 1448(b) of 
such title to provide an annuity to the former spouse (the 
agreement thereafter having been incorporated in or rati-
fied or approved by a court order or filed with the court 
of appropriate jurisdiction in accordance with applicable 
State law); or 
(B) was required by a court order dated on or after 
such date to make such an election for the former spouse; 
and 
(2) before making the election, died within 21 days after 
the date of the agreement referred to in paragraph (1)(A) or 
the court order referred to in paragraph (1)(B), as the case 
may be. 
(b) ADJUSTED TIME LIMIT FOR REQUEST BY FORMER SPOUSE.— 
For the purposes of paragraph (3)(C) of section 1450(f) of title 
10, United States Code, a court order or filing referred to in sub-
section (a)(1) of this section that is dated before October 19, 1984, 
shall be deemed to be dated on the date of the enactment of 
this Act. 
SEC. 658. SPECIAL COMPENSATION FOR SEVERELY DISABLED UNI-
FORMED 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 disabled 
uniformed services retirees 
"(a) AUTHORITY.—The Secretary concerned shall pay to each 
eligible disabled uniformed services retiree a monthly amount deter-
mined under subsection (b). 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 669 
"(b) AMOUNT.—The amount to be paid to an eligible disabled 
uniformed services retiree in accordance with subsection (a) is the 
following: 
"(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 MEMBERS.—An eligible disabled uniformed serv-
ices retiree referred to in subsection (a) is a member of the uni-
formed services in a retired status (other than a member who 
is retired under 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 disability. 
"(d) 
QUALIFYING SERVICE-CONNECTED DISABILITY DEFINED.— 
In this section, the term 'qualif3dng service-connected disability' 
means a service-connected disability that— 
"(1) was incurred or aggravated in the performance 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.—Payments under this section for any 
fiscal year shall be paid out of funds appropriated for pay and 
allowances payable by the Secretary concerned for that fiscal year. 
"(g) OTHER DEFINITIONS.—In this section: 
"(1) The term 'service-connected' has the meaning given 
that term 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 scheduled 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 chapter 
is amended by adding at the end the following new item: 
"1413. Special compensation for certain severely disabled uniformed services retir-
(b) EFFECTIVE DATE.—Section 1413 of title 10, United States Applicability. 
Code, as added by subsection (a), shall take effect on October 
10 USC1413 
1, 1999, and shall apply to months that begin on or after that 
note. 
113 STAT. 670 
PUBLIC LAW 106-65—OCT. 5, 1999 
date. No benefit may be paid to any person by reason of that 
section for any period before that date. 
Subtitle F—Eligibility to Participate in the 
Thrift Savings Plan 
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN. 
(a) PARTICIPATION AUTHORITY.—(1)(A) Chapter 3 of title 37, 
United States Code, is amended by adding at the end the following: 
"§211. Participation in Thrift Savings Plan 
"(a) DEFINITION.—In this section, the term 'member' means— 
"(1) a member of the uniformed services serving on active 
duty; and 
"(2) a member of the Ready Reserve in any pay status. 
"(b) AUTHORITY.—Any member may participate in the Thrift 
Savings Plan in accordance with section 8440e of title 5. 
"(c) RULE OF CONSTRUCTION REGARDING SEPARATION.—For pur-
poses of subchapters III and VII of chapter 84 of title 5, each 
of the following actions shall, in the case of a member participating 
in the Thrift Savings Plan in accordance with section 8440e of 
such title, be considered a separation from Government employ-
ment: 
"(1) Release of the member from active duty, not followed, 
before the end of the 31-day period beginning on the day 
following the effective date of the release, by— 
"(A) a resumption of active duty; or 
"(B) an appointment to a position covered by chapter 
83 or 84 of title 5 or an equivalent retirement system, 
as identified by the Executive Director (appointed by the 
Federal Retirement Thrift Investment Board) in regula-
tions. 
"(2) Transfer of the member to inactive status, or to a 
retired list pursuant to any provision of title 10.". 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following: 
"211. Participation in Thrift Savings Plan.". 
(2)(A) Subchapter III of chapter 84 of title 5, United States 
Code, is amended by adding at the end the following: 
''§ 8440e. Members of the uniformed services 
"(a) For purposes of this section— 
"(1) the term 'member' has the meaning given such term 
by section 211 of title 37; and 
"(2) the term 'basic pay' means basic pay payable under 
section 204 of title 37. 
"(b)(1) Any member eligible to participate in the Thrift Savings 
Plan by virtue of section 211(b) of title 37 may contribute to the 
Thrift Savings Fund. 
"(2)(A) Except as provided in subparagraph (B), an election 
to contribute to the Thrift Savings Fund under this section may 
be made only during a period provided under section 8432(b), subject 
to the same conditions as prescribed under paragraph (2) (A)-
(D) thereof. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 671 
"(B)(i) Notwithstanding subparagraph (A), any individual who 
is a member as of the effective date described in paragraph (1) 
of section 663(a) of the National Defense Authorization Act for 
Fiscal Year 2000 (or, if applicable, paragraph (2) thereof) may 
make the first such election during the 60-day period beginning 
on such effective date. 
"(ii) An election made under this subparagraph shall take effect 
on the first day of the first applicable pay period beginning after 
the close of the 60-day period referred to in clause (i). 
"(c) Except as otherwise provided in this section, the provisions 
of this subchapter and subchapter VII shall apply with respect 
to members making contributions to the Thrift Savings Fund, and 
such members shall, for purposes of this subchapter and subchapter 
VII, be considered employees within the meaning of section 
8401(11). 
"(d)(1)(A) The amount contributed by a member described in 
section 211(a)(1) of title 37 for any pay period out of basic pay 
may not exceed 5 percent of such member's basic pay for such 
pay period. 
"(B) The amount contributed by a member described in section 
211(a)(2) of title 37 for any pay period out of any compensation 
received under section 206 of title 37 may not exceed 5 percent 
of such compensation, payable to such member for such pay period. 
"(2) A member making contributions to the Thrift Savings 
Fund out of basic pay, or out of compensation under section 206 
of title 37, may also contribute (by direct transfer to the Fund) 
any part of any special or incentive pay that such member receives 
under chapter 5 of title 37. 
"(3) Nothing in this section or section 211 of title 37 shall 
be considered to waive any dollar limitation under the Internal 
Revenue Code of 1986 which otherwise applies with respect to 
the Thrift Savings Fund. 
"(e) Except as provided in section 211(d) of title 37, no contribu-
tion under section 8432(c) of this title may be made for the benefit 
of a member making contributions to the Thrift Savings Fund 
under this section.". 
(B) The table of sections at the beginning of chapter 84 of 
title 5, United States Code, is amended by adding after the item 
relating to section 8440d the following: 
"8440e. Members of the uniformed services.". 
(3)(A) Section 8432b(b)(2)(B) of title 5, United States Code, 
is amended by inserting "or 8440e" after "section 8432(a)". 
(B)(i) Section 8351(b) of title 5, United States Code, is amended 
by redesignating paragraph (11) as paragraph (8). 
(ii) Subparagraph (A) of section 8351(b)(8) of such title 5 (as 
so redesignated by clause (i)) is amended by striking the semicolon 
and inserting the following: ", except that the reference in section 
8432b(b)(2)(B) to employee contributions under section 8432(a) shall 
be considered a reference to employee contributions under this 
subchapter and section 8440e;". 
(C) Subsection (c) of section 8432b of such title 5 is amended 
by redesignating paragraphs (1) and (2) as subparagraphs (A) and 
(B), respectively, by striking "(c)" and inserting "(c)(1)", and by 
adding at the end the following: 
113 STAT. 672 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(2) An employee to whom this section applies is entitled to 
have contributed to the Thrift Savings Fund on such employee's 
behalf an amount equal to— 
"(A) the total contributions to which that individual would 
have been entitled under section 8432(c)(2), based on the 
amounts contributed by such individual under section 8440e 
(other than under subsection (d)(2) thereof) with respect to 
the period referred to in subsection (b)(2)(B), if those amounts 
had been contributed by such individual under section 8432(a); 
reduced by 
"(B) any contributions actually made on such employee's 
behalf under section 8432(c)(2) (including pursuant to an agree-
ment under section 211(d) of title 37) with respect to the 
period referred to in subsection (b)(2)(B).". 
(4) Subsections (g)(1) and (h)(3) of section 8433 of title 5, 
United States Code, are each amended by striking "under section 
8432(a) of this title". 
(5) Section 8439(a) of title 5, United States Code, is amended— 
(A) in paragraph (1), by striking "under section 8432(c)(1) 
of this title" and "under section 8351 of this title"; 
(B) in paragraph (2)(A)(i), by striking all after "individual" 
and inserting a semicolon; and 
(C) in paragraph (2)(A)(ii), by striking all after "individual" 
and inserting "; and". 
(6) Section 8473 of title 5, United States Code, is amended— 
(A) in subsection (a), by striking "14 members" and 
inserting "15 members"; and 
(B) in subsection (b)— 
(i) by striking "14 members" and inserting "15 mem-
bers"; 
(ii) by striking "and" at the end of paragraph (8); 
(iii) by striking the period at the end of paragraph 
(9) and inserting "; and"; and 
(iv) by adding at the end the following: 
"(10) 1 shall be appointed to represent participants (under 
section 8440e) who are members of the uniformed services.". 
Deadline. 
(b) REGULATIONS.—Not later than the date on which qualifying 
5USC8440e 
offsetting legislation (as defined in section 663(b)) is enacted or 
180 days after the date of the enactment of this Act, whichever 
is later, the Executive Director (appointed by the Federal Retire-
ment Thrift Investment Board) shall issue regulations to implement 
the amendments made by this subtitle. 
SEC. 662. SPECIAL RETENTION INITIATIVE. 
Section 211 of title 37, United States Code, as added by section 
661, is amended by adding at the end the following: 
"(d) 
AGENCY CONTRIBUTIONS FOR RETENTION IN CRITICAL 
SPECIALTIES.—(1) The Secretary concerned may enter into an agree-
ment with a member to make contributions to the Thrift Savings 
Fund for the benefit of the member if the member— 
"(A) is in a specialty designated by the Secretary as critical 
to meet requirements (whether such specialty is designated 
as critical to meet wartime or peacetime requirements); and 
"(B) commits in such agreement to continue to serve on 
active duty in that specialty for a period of 6 years. 
"(2) Under any agreement entered into with a member under 
paragraph (1), the Secretary shall make contributions to the Fund 
note. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 673 
for the benefit of the member for each pay period of the 6-year 
period of the agreement for which the member makes a contribution 
to the Fund under section 8440e of title 5 (other than under sub-
section (d)(2) thereof). Paragraph (2) of section 8432(c) of title 
5 applies to the Secretar^s obligation to make contributions under 
this paragraph, except that the reference in such paragraph (2) 
to contributions under paragraph (1) of such section 8432(c) does 
not apply.". 
SEC. 663. EFFECTIVE DATE. 
5 USC 8440 note. 
(a) APPLICABILITY.—(1) Except as provided in paragraph (2), 
the authority of members to participate in the Thrift Savings Plan 
under section 211 of title 37, United States Code (as amended 
by this subtitle) shall take effect on the date on which qualifying 
offsetting legislation (as defined in subsection (b)) is enacted or 
1 year after the date of the enactment of this Act, whichever 
is later. As used in the preceding sentence, the term "member" 
has the meaning given such term by section 211 of such title 
37 (as so amended). 
(2)(A) The Secretary of Defense may postpone the authority 
of members of the Ready Reserve to so participate in the Thrift 
Savings Plan until 180 days after the date that would otherwise 
apply under paragraph (1) if the Secretary, after consultation with 
the Executive Director (appointed by the Federal Retirement Thrift 
Investment Board), determines that permitting such members to 
participate in the Thrift Savings Plan beginning on the date that 
would otherwise apply under paragraph (1) would place an excessive 
burden on the administrative capacity of the Board to accommodate 
participants in the Thrift Savings Plan. 
(B) The Secretary shall notify the congressional defense commit- Notification, 
tees, the Committee on Government Reform of the House of Rep-
resentatives, and the Committee on Governmental Affairs of the 
Senate of any determination made under subparagraph (A). 
(b) EFFECTIVENESS CONTINGENT ON OFFSETTING LEGISLATION.— 
(1) The amendments made by this subtitle shall be effective only 
if— 
(A) the President, in the budget of the President for fiscal 
year 2001, proposes legislation which, if enacted, would be 
qualifying offsetting legislation; and 
(B) there is enacted during the second session of the One 
Hundred Sixth Congress qualifying offsetting legislation. 
The preceding sentence shall not apply with respect to the amend-
ment made by section 661(a)(3)(B)(i). 
(2) For purposes of this subtitle: 
(A) The term "qualifying offsetting legislation" means legis-
lation (other than an appropriations Act) that includes provi-
sions that— 
(i) offset fully the decreased revenues for each of fiscal 
years 2000 through 2009 to be made by reason of the 
amendments made by this subtitle; 
(ii) expressly state that they are enacted for the pur-
pose of the offset described in clause (i); and 
(iii) are included in full on the PayGo scorecard. 
(B) The term "PayGo scorecard" means the estimates that 
are made with respect to fiscal years through fiscal year 2009 
by the Director of the Congressional Budget Office £ind the 
Director of the Office of Management and Budget under section 
113 STAT. 674 
PUBLIC LAW 106-65—OCT. 5, 1999 
252(d) of the Balanced Budget and Emergency Deficit Control 
Act of 1985. 
Subtitle G—Other Matters 
37 use 1002 
note. 
Deadline. 
Deadline. 
37 use 1015 
note. 
SEC. 671. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION WITH A 
REENLISTMENT. 
Section 501 of title 37, United States Code, is amended— 
(1) in subsection (a)(1), by inserting ", termination of an 
enlistment in conjunction with the commencement of a succes-
sive enlistment (without regard to the date of the expiration 
of the term of the enlistment being terminated)," after "honor-
able conditions"; and 
(2) in subsection (b)(2), by striking ", or entering into an 
enlistment,". 
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY 
TECHNICIANS (DUAL STATUS) SERVING ON ACTIVE DUTY 
WITHOUT PAY OUTSIDE THE UNITED STATES. 
(a) AUTHORITY TO PROVIDE PER DIEM ALLOWANCE.—Section 
1002(b) of title 37, United States Code, is amended— 
(1) by inserting "(1)" after "(b)"; and 
(2) by adding at the end the following new paragraph: 
"(2) If a military technician (dual status), as described in section 
10216 of title 10, is performing active duty without pay while 
on leave from technician employment, as authorized by section 
6323(d) of title 5, the Secretary concerned may authorize the pay-
ment 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 subsection (a) 
shall be effective as of February 10, 1996, as if included in section 
1039 of the National Defense Authorization Act for Fiscal Year 
1996 (PubHc Law 104-106; 110 Stat. 432). 
SEC. 673. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUIT-
MENT AND RETENTION. 
(a) REPORT REQUIRED.—(1) Chapter 19 of title 37, United States 
Code, is amended by adding at the end the following new section: 
''§ 1015. Annual report on effects of recruitment and reten-
tion initiatives 
"Not later than December 1 of each year, the Secretary of 
Defense shall submit to Congress a report that sets forth the 
Secretary's assessment of the effects that the improvements to 
compensation and other personnel benefits made by title VI of 
the National Defense Authorization Act for Fiscal Year 2000 are 
having on the recruitment of persons to join the armed forces 
and the retention of members of the armed forces.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1015. Annual report on effects of recruitment and retention initiatives.". 
(b) FIRST REPORT.—The first report under section 1015 of title 
37, United States Code, as added by subsection (a), shall be sub-
mitted not later than December 1, 2000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 675 
SEC. 674. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM. 
(a) PROGRAM AND BENEFITS.—Subsection (a) of section 1060a 
of title 
10, United 
States 
Code, is 
amended 
by 
striking 
"AUTHORITY.—The Secretary of Defense may carry out a program 
to provide special supplemental food benefits" and inserting "PRO-
GRAM REQUIRED.—The Secretary of Defense shall carry out a pro-
gram to provide supplemental foods and nutrition education". 
(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) in paragraph (1)(A), by adding at the end the following 
new sentence: "In determining eligibility for benefits, a person 
already certified for participation in the special supplemental 
nutrition program for women, infants, and children under such 
section 17 shall be considered eligible for the duration of the 
certification period under that special supplemental nutrition 
program."; 
(2) by striking paragraph (1)(B) and inserting the following: 
"(B) In determining eligibility for families of individuals partici-
pating in the program under this section, the Secretary of Defense 
shall, to the extent practicable, use the criterion described in 
subparagraph (A), including nutritional risk standards. The Sec-
retary shall also consider the value of housing in kind provided 
to the individual when determining program eligibility."; 
(3) in paragraph (2), by adding before the period at the 
end the following: ", particularly with respect to nutrition edu-
cation"; and 
(4) by adding at the end the following new paragraph: 
"(3) The Secretary of Agriculture shall provide technical assist-
ance to the Secretary of Defense, if so requested by the Secretary 
of Defense, for the purpose of carrying out the program under 
subsection (a).". 
(d) DEFINITIONS.—Subsection (f) of such section is amended 
by adding at the end the following new paragraph: 
"(4) The terms 'nutrition education' and 'supplemental 
foods' have the meanings given the terms in section 17(b) 
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).". 
(e) CONFORMING AMENDMENT.—Section 17 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1786) is amended by adding at the 
end the following new subsection: 
"(q) The Secretary of x\griculture shall provide technical assist-
ance to the Secretary of Defense, if so requested by the Secretary 
of Defense, for the purpose of carr3dng out the overseas special 
supplemental food program established under section 1060a(a) of 
title 10, United States Code.". 
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 paragraph: 
113 STAT. 676 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(4) in the case of a member serving in a contingency 
operation or similar operational mission (other than for 
training) designated by the Secretary concerned, all of the 
charges may be paid.". 
SEC. 676. ADMINISTRATION 
OF 
SELECTED 
RESERVE 
EDUCATION 
LOAN 
REPAYMENT 
PROGRAM 
FOR 
COAST 
GUARD 
RESERVE. 
Section 16301 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
"(g) The Secretary of Transportation may repay loans described 
in subsection (a)(1) and otherwise administer this section in the 
case of members of the Selected Reserve of the Coast Guard Reserve 
when the Coast Guard is not operating as a service in the Navy.". 
26 u s e 112 note. 
SEC. 677. SENSE OF CONGRESS REGARDING TREATMENT 
UNDER 
INTERNAL REVENUE CODE OF MEMBERS RECEIVING HOS-
TILE FIRE OR IMMINENT DANGER SPECIAL PAY DURING 
CONTINGENCY OPERATIONS. 
It is the sense of Congress that a member of the Armed Forces 
who is receiving special pay under section 310 of title 37, United 
States Code, while assigned to duty in support of a contingency 
operation should be treated under the Internal Revenue Code of 
1986 in the same manner as a member of the Armed Forces serving 
in a combat zone (as defined in section 112 of the Internal Revenue 
Code of 1986). 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Health Care Services 
Sec. 701. Pharmacy benefits program. 
Sec. 702. Provision of chiropractic health care. 
Sec. 703. Provision of domiciUary and custodial care for certain CHAMPUS bene-
ficiaries. 
Sec. 704. Enhancement of dental benefits for retirees. 
Sec. 705. Medical and dental care for certain members incurring irguries on inac-
tive-duty training. 
Sec. 706. Health care at former uniformed services treatment facilities for active 
duty members stationed at certain remote locations. 
Sec. 707. Open enrollment demonstration program. 
Subtitle B—TRICARE Program 
Sec. 711. Expansion and revision of authority for dental programs for dependents 
and reserves. 
Sec. 712. Improvement of access to health care under the TRICARE program. 
Sec. 713. Improvements to claims processing under the TRICARE program. 
Sec. 714. Authority to waive certain TRICAKE deductibles. 
Sec. 715. TRICARE beneficiary counseling and assistance coordinators. 
Sec. 716. Improvement of TRICARE management; improvements to third-party 
payer collection program. 
Sec. 717. Comparative report on health care coverage under the TRICARE pro-
gram. 
Subtitle C—Other Matters 
Sec. 721. Forensic pathology investigations by Armed Forces Medical Examiner. 
Sec. 722. Best value contracting. 
Sec. 723. Health care quality information and technology enhancement. 
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by the De-
partment of Defense and Department of Veterans Affairs. 
Sec. 725. Program-year stability in health care benefits. 
Sec. 726. Study on join^ operations for the Defense Health Program. 
Sec. 727. Trauma training center. 
Sec. 728. Sense of Congress regarding automatic enrollment of medicare-eligible 
beneficiaries in the TRICARE Senior Prime demonstration project. 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle A—Health Care Services 
113 STAT. 677 
SEC. 701. 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 Defense, after 
consulting with the other administering Secretaries, shall establish 
an effective, efficient, integrated pharmacy 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 avail-
ability of pharmaceutical agents in the complete range of thera-
peutic classes. The selection for inclusion on the uniform formulary 
of particular pharmaceutical agents in each therapeutic class shall 
be based on the relative clinical and cost effectiveness of the agents 
in such class. 
"(B) In considering the relative clinical effectiveness of agents 
under subparagraph (A), the Secretary shall presume inclusion 
in a therapeutic class of a pharmaceutical agent, unless the Phar-
macy and Therapeutics Committee established under subsection 
(b) finds that a pharmaceutical agent does not have a significant, 
clinically meaningful therapeutic advantage in terms of safety, 
effectiveness, or clinical outcome over the other drugs included 
on the uniform formulary. 
"(C) In considering the relative cost effectiveness of agents 
under subparagraph (A), the Secretary shall rely on the evaluation 
by the Pharmacy and Therapeutics Committee of the costs of agents 
in a therapeutic class in relation to the safety, effectiveness, and 
clinical outcomes of such agents. 
"(D) The Secretary shall establish procedures for the selection 
of particular pharmaceutical agents for the uniform formulary. Such 
procedures shall be established so as best to accomplish, in the 
judgment of the Secretary, the objectives set forth in paragraph 
(1). No pharmaceutical agent may be excluded from the uniform 
formulary except upon the recommendation of the Pharmacy and 
Therapeutics Committee. The Secretary shall begin to implement 
the uniform formulary not later than October 1, 2000. 
"(E) Pharmaceutical agents included on the uniform formulary 
shall be available to eligible covered beneficiaries through— 
"(i) facilities of the uniformed services, consistent 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 covered beneficiaries; or 
"(iii) the national mail-order pharmacy program. 
"(3) The pharmacy benefits program shall assure the avail-
ability of clinically appropriate pharmaceutical agents to members 
of the armed forces, including, where appropriate, agents not 
included on the uniform formulary described in paragraph (2). 
Procedures. 
Deadline. 
113 STAT. 678 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(4) The pharmacy benefits program may provide that prior 
authorization be required for certain pharmaceutical agents to 
assure that the use of such agents is clinically appropriate. 
"(5) The pharmacy benefits program shall assure the avail-
ability to eligible covered beneficiaries of pharmaceutical agents 
not included on the uniform formulary. Such pharmaceutical agents 
shall be available through at least one of the means described 
in paragraph (2)(E) under terms and conditions that may include 
cost sharing by the eligible covered beneficiary in addition to any 
such cost sharing applicable to agents on the uniform formulary. 
"(6) The Secretary, as part of the regulations established under 
subsection (g), may establish cost sharing requirements (which may 
be established as a percentage or fixed dollar amount) under the 
pharmacy benefits program for generic, formulary, £ind nonfor-
mulary agents. For nonformulary agents, cost sharing shall be 
consistent with common industry practice and not in excess of 
amounts generally comparable to 20 percent for beneficiaries cov-
ered by section 1079 of this title or 25 percent for beneficiaries 
covered by section 1086 of this title. 
Procedures. 
"(7) The Secretary shall establish procedures for eligible covered 
beneficiaries to receive pharmaceutical agents not included on the 
uniform formulary, but, considered to be clinically necessary. 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 pharmaceutical agent shall be provided 
under the same terms and conditions as an agent on the uniform 
formulary. Such procedures shall also include an expeditious 
appeals process for an eligible covered beneficiary, or a network 
or uniformed provider on behalf of the beneficiary, to establish 
clinical justification for the use of a pharmaceutical agent that 
is not on the uniform formulary. 
"(8) In carrying out this subsection, the Secretary shall ensure 
that an eligible covered beneficiary may continue to receive coverage 
for any maintenance pharmaceutical that is not on the uniform 
formulary and that was prescribed for the beneficiary before the 
date of the enactment of this section and stabilized the medical 
condition of the beneficiary. 
"(b) 
ESTABLISHMENT OF COMMITTEE.—(1) The 
Secretary 
of 
Defense shall, in consultation with the Secretaries of the military 
departments, establish a Pharmacy and Therapeutics Committee 
for the purpose of developing the uniform formulary of pharma-
ceutical 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 respon-
sible for the TRICARE retail pharmacy program, contractors respon-
sible for the national mail-order pharmacy progreim, providers in 
facilities of the uniformed services, and TRICARE network pro-
viders. Committee members shall have expertise in treating the 
medical needs of the populations served through such entities and 
in the range of pharmaceutical and biological medicines available 
Procedures. 
for treating such populations. The committee shall function under 
procedures established by the Secretary under the regulations 
required by subsection (g). 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 679 
"(2) Not later than 90 days after the estabUshment of the Deadline. 
Pharmacy and Therapeutics Committee by the Secretary, the com-
mittee shall convene to design a proposed uniform formulary for 
submission to the Secretary. After such 90-day period, the com-
mittee shall meet at least quarterly and shall, during meetings, 
consider for inclusion on the uniform formulary imder the standards 
established in subsection (a) any drugs newly approved by the 
Food and Drug Administration. 
"(c) ADVISORY PANEL.—(1) Concurrent with the establishment 
Establishment. 
of the Pharmacy and Therapeutics Committee under subsection 
(b), the Secretary shall establish a Uniform Formulary Beneficiary 
Advisory Panel to review sind comment on the development of 
the uniform formulary. The Secretary shall consider the comments 
of the panel before implementing the uniform formulary or imple-
menting changes to the uniform formulary. 
"(2) The Secretary shall determine the size and membership 
of the panel established under paragraph (1), which shall include 
members 
that 
represent 
nongovernmental 
organizations £m,d 
associations that represent the views and interests of a large 
number of eligible covered beneficiaries. 
"(d) PROCEDURES.—(1) In the operation of the pharmacy bene-
fits program under subsection (a), the Secretary of Defense shall 
assure through management and new contractual arrangements 
that financial resources are aligned such that the cost of prescrip-
tions is borne by the orgsinization that is financially responsible 
for the health care of the eligible covered beneficiary. 
"(2) Not later than 6 months after the date of the enactment Deadline, 
of this section, the Secretary shall utilize a modification to the 
bid price adjustment methodology in the current managed care 
support contracts to ensure equitable and timely reimbursement 
to the TRICARE managed care support contractors for pharma-
ceutical products delivered in the nonmilitary environments. The 
methodology shall take into account the "at-risk" nature of the 
contracts as well as managed care support contractor pharmacy 
costs attributable to changes to pharmacy service or formulary 
management at military medicsJ treatment facilities, sind other 
military activities and policies that affect costs of pharmacy benefits 
provided through the Civilian Health and Medical Program of the 
Uniformed Services. The methodology shall also account for military 
treatment facility costs attributable to the delivery of pharma-
ceutical products in the military facility environment which were 
prescribed by a network provider. 
"(e) PHARMACY DATA TRANSACTION SERVICE.—Not later than Deadline. 
April 1, 2000, the Secretary of Defense shall implement the use 
of the Pharmacy Data Transaction Service in all fixed facilities 
of the uniformed services under the jurisdiction of the Secretary, 
the TRICARE retail pharmacy program, and the national mail-
order pharmacy program. 
"(f) DEFINITIONS.—As used in this section— 
"(1) the term 'eligible covered beneficiary* means a covered 
beneficiary for whom eligibility to receive pharmacy benefits 
through the means described in subsection (a)(2)(E) is estab-
lished under this chapter or another provision of law; and 
"(2) the term 'pharmaceutical agent' means drugs, biological 
products, and medical devices under the regulatory authority 
of the Food and Drug Administration. 
113 STAT. 680 
PUBLIC LAW 106-65—OCT. 5, 1999 
10 use 1074g 
note. 
Deadline. 
10 use 1074g 
note. 
10 use 1074g 
note. 
Deadline. 
"(g) REGULATIONS.—The Secretary of Defense shall, after con-
sultation with the other administering Secretaries, promulgate 
regulations to carry out this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1074f 
the following new item: 
"1074g. Pharmacy benefits program.". 
(b) DEADLINE FOR ESTABLISHMENT OF COMMITTEE.—Not later 
than 30 days after the date of the enactment of this Act, the 
Secretary shall establish the Pharmacy and Therapeutics Com-
mittee required by section 1074g(b) of title 10, United States Code. 
(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 required 
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 pre-
scribers attempted to prescribe non-formulary or non-pre-
ferred prescription drugs, how often such prescribers were 
able to do so, and whether covered beneficiaries were able 
to fill such prescriptions vsdthout undue delay; 
(B) the understanding by prescribers of the reasons 
that military medical treatment facilities or civilian con-
tractors preferred certain pharmaceuticals to others; and 
(C) the impact of any restrictions on access to non-
formulary prescriptions on the clinical decisions of the pre-
scribers and the aggregate cost, quality, and accessibility 
of health care provided to covered beneficiaries; 
(3) the operation of the Pharmacy Data Transaction Service 
required by subsection (e) of such section 1074g; and 
(4) any other actions taken by the Secretary to improve 
management of the pharmacy benefits program 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 incorporate 
the elements of the pharmacy benefits program required to be 
established under section 1074g of title 10, United States Code 
(as added by subsection (a)). 
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— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 681 
(1) in the heading, by striking "DEMONSTRATION PRO-
GRAM"; 
(2) in subsection (a), by adding at the end the following 
new paragraph: 
"(4) During fiscal year 2000, the Secretary shall continue to 
furnish the same chiropractic care in the military medical treatment 
facilities designated pursuant to paragraph (2)(A) as the chiropractic 
care furnished during the demonstration program."; 
(3) in subsection (c)— 
(A) in paragraph (3), by striking "Committee 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)— 
(A) in paragraph (3)— 
(i) by striking "; and" at the end of subparagraph 
(C) and inserting a semicolon; 
(ii) by striking the period at the end of subpara-
graph (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 committee 
in preparing— 
"(i) the final report on the demonstration program con-
ducted 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 report and plan."; 
(5) by redesignating subsection (e) as subsection (f); and 
(6) by inserting after subsection (d) the following new sub-
section: 
"(e) IMPLEMENTATION PLAN.—If the Secretary of Defense rec- Deadlme. 
ommends in the final report submitted under subsection (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 Representatives 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 inte-
grating chiropractic health care services into the military health 
care system; 
"(2) the proposed scope of practice for chiropractors who 
would provide services to covered beneficiaries under chapter 
55 of title 10, United States Code; 
69-194 - 01 - 23 :QL 3 Parti 
113 STAT. 682 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(3) the proposed military medical treatment facilities at 
which such services would be provided; 
"(4) the military readiness requirements for chiropractors 
who would provide services to such covered 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.". 
10 u s e 1077 
SEC. 703. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR 
note. 
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 bene-
ficiary 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 determination 
that discontinuation of pajonent 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— 
(A) inadequate to meet the needs of the eligible beneficiary; 
and 
(B) unjust to such beneficiary. 
(3) 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 management 
program authorized by section 1079(a)(17) of such title, were pro-
vided domiciliary or custodial care services for which the Secretary 
provided payment. 
(b) PROHIBITION ON ESTABLISHMENT OF LIMITED TRANSITION 
PERIOD.—The Secretary of Defense shall not place a time limit 
on the period during which the custodial care exclusions of the 
Department of Defense may be waived as part of the case mginage-
ment program of the Department. 
(c) SURVEY OF CASE MANAGEMENT A>JD CUSTODIAL CARE POLI-
CIES.—The Secretary of Defense shall conduct a survey of federally 
funded and State funded programs for the medical care and manage-
ment of persons whose care is considered to be custodial in nature. 
The survey shall examine, but shall not be limited to— 
(1) a comparison of the case management program of the 
Department of Defense with similar Federal and State pro-
grams; and 
(2) a comparison between the case management program 
of the Department of Defense and the case management and 
custodial care coverage offered by at least 10 of the most 
subscribed private health insurance plans in the Federal 
Employees Health Benefits Program (at least 5 of which shall 
be managed care organizations), as determined in consultation 
with the Office of Personnel Meinagement. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 683 
(d) REPORT ON SURVEY OF CASE MANAGEMENT AND CUSTODIAL Deadline. 
CARE POLICIES.—Not later than March 31, 2000, the Secretary 
shall submit a report on the survey required by subsection (c) 
to Congress. The Secretary shall include in the report any rec-
ommendations for legislative chsmges that the Secretary determines 
necessary to facilitate the case management of the Department 
of Defense, and a plan for any regulatory changes determined 
necessary by the Secretary. Such plan shall include any regulatory 
provisions that the Secretary determines necessary to address equi-
tably the unique needs of the family members of active duty military 
personnel and to ensure the full integration of the case management 
program of the Department of Defense with other available family 
support services activities. 
SEC. 704. ENHANCEMENT OF DENTAL BENEFITS FOR RETIREES. 
Subsection (d) of section 1076c of title 10, United States Code, 
is amended to read as follows: 
"(d) BENEFITS AVAILABLE UNDER THE PLAN.—The dental insur-
ance plan established imder subsection (a) shall provide benefits 
for dental care and treatment which may be comparable to the 
benefits authorized under section 1076a of this title for plans estab-
lished under that section and shall include diagnostic services, 
preventative services, endodontics and other basic restorative serv-
ices, surgical services, and emergency services.". 
SEC. 705. MEDICAL AND DENTAL CARE FOR CERTAIN MEMBERS 
INCURRING INJURIES ON INACTIVE-DUTY TRAINING. 
(a) ORDER TO ACTIVE DUTY AUTHORIZED.—(1) Chapter 1209 
of title 10, United States Code, is amended by adding at the end 
the following: 
''§ 12322. Active duty for health care 
"A member of a uniformed service described in paragraph (1)(B) 
or (2)(B) of section 1074a(a) of this title may be ordered to active 
duty, and a member of a uniformed service described in paragraph 
(1)(A) or (2)(A) of such section may be continued on active duty, 
for a period of more than 30 days while the member is being 
treated for (or recovering fi'om) gm injury, illness, or disease incurred 
or aggravated in the line of duty as described in any of such 
paragraphs.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following: 
"12322. Active duty for health care.". 
(b) MEDICAL AND DENTAL CARE FOR MEMBERS.—Subsection 
(e) of section 1074a of such title is amended to read as follows: 
"(e)(1) A member of a uniformed service on active duty for 
health care or recuperation reasons, as described in paragraph 
(2), is entitled to medical and dental care on the same basis and 
to the same extent as members covered by section 1074(a) of this 
title while the member remains on active duty. 
"(2) Paragraph (1) applies to a member described in paragraph Applicability. 
(1) or (2) of subsection (a) who, while being treated for (or recovering 
from) an injury, illness, or disease incurred or aggravated in the 
line of duty, is continued on active duty pursuant to a modification 
or extension of orders, or is ordered to active duty, so as to result 
in active duty for a period of more than 30 days.". 
113 STAT. 684 
PUBLIC LAW 106-65—OCT. 5, 1999 
Effective date. 
Termination 
date. 
Deadline. 
Reports. 
(c) MEDICAL AND DENTAL CARE FOR DEPENDENTS.—Subpara-
graph (D) of section 1076(a)(2) of such title is amended to read 
as follows: 
"(D) A member on active duty who is entitled to benefits 
under subsection (e) of section 1074a of this title by reason 
of paragraph (1), (2), or (3) of subsection (a) of such section.". 
SEC. 706. HEALTH CARE AT FORMER UNFORMED SERVICES TREAT-
MENT FACILITIES FOR ACTIVE DUTY MEMBERS STA-
TIONED AT CERTAIN REMOTE LOCATIONS. 
(a) AUTHORITY.—Health care may be furnished by a designated 
provider pursuant to any contract entered into by the designated 
provider under section 722(b) of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 
note) to eligible members who reside within the service area of 
the designated provider. 
(b) ELIGIBILITY.—^A member of the Armed Forces is eligible 
for health care under subsection (a) if the member is a member 
described in section 731(c) of the National Defense Authorization 
Act for Fiscal Year 1998 (Pubhc Law 105-85; 111 Stat. 1811; 
10 U.S.C. 1074 note). 
(c) APPLICABLE POLICIES.—In furnishing health care to an 
eligible member imder subsection (a), a designated provider shall 
adhere to the Department of Defense policies applicable to the 
furnishing of care under the TRICARE Prime Remote program, 
including coordinating with uniformed services medical authorities 
for hospitalizations and all referrals for specialty care. 
(d) REIMBURSEMENT RATES.—The Secretary of Defense, in con-
sultation with the designated providers, shall prescribe reimburse-
ment rates for care furnished to eligible members under subsection 
(a). The rates prescribed for health care may not exceed the amounts 
allowable under the TRICARE Standard plan for the same care. 
SEC. 707. 
OPEN 
ENROLLMENT 
DEMONSTRATION 
PROGRAM. 
Section 724 of the National Defense Authorization Act for Fiscal 
Year 1997 (PubUc Law 104-201; 10 U.S.C. 1073 note) is amended 
by adding at the end the following: 
"(g) 
OPEN ENROLLMENT DEMONSTRATION PROGRAM.—(1) 
The 
Secretary of Defense shall conduct a demonstration program under 
which covered beneficiaries shall be permitted to enroll at any 
time in a managed care plan offered by a designated provider 
consistent with the enrollment requirements for the TRICARE 
Prime option under the TRICARE program, but without regard 
to the limitation in subsection (b). The demonstration program 
under this subsection shall cover designated providers, selected 
by the Secretary of Defense, and the service areas of the designated 
providers. 
"(2) The demonstration program carried out under this section 
shall commence on October 1, 1999, and end on September 30, 
2001. 
"(3) Not later than March 15, 2001, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the demonstration 
program carried out under this subsection. The report shall include, 
at a minimum, an evaluation of the benefits of the open enrollment 
opportunity to covered beneficiaries and a recommendation on 
whether to authorize open enrollments in the managed care plans 
of designated providers permanently.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 685 
Subtitle B—TRICARE Program 
SEC. 711. EXPANSION AND REVISION OF AUTHORITY FOR DENTAL 
PROGRAMS FOR DEPENDENTS AND RESERVES. 
(a) AUTHORITY.—Chapter 55 of title 10, United States Code, 
is amended by striking sections 1076a and 1076b and inserting 
the following: 
"§ 1076a. TRICARE dental program 
"(a) ESTABLISHMENT OF DENTAL PLANS.—The Secretary of 
Defense may establish, and in the case of the dental plan described 
in paragraph (1) shall establish, the following voluntary enrollment 
dental plans: 
"(1) PLAN FOR SELECTED RESERVE AND INDIVIDUAL READY 
RESERVE.—^A dental insurance plan for members of the Selected 
Reserve of the Ready Reserve and for members of the Individual 
Ready Reserve described in subsection 10144(b) of this title. 
"(2) PLAN FOR OTHER RESERVES.—^A dental insurance plan 
for members of the Individual Ready Reserve not eligible to 
enroll in the plan established under paragraph (1). 
"(3) PLAN FOR ACTIVE DUTY DEPENDENTS.—Dental benefits 
plans for eligible dependents of members of the uniformed 
services who are on active duty for a period of more than 
30 days. 
"(4) PLAN FOR READY RESERVE DEPENDENTS.—A dental 
benefits plan for eligible dependents of members of the Ready 
Reserve of the reserve components who are not on active duty 
for more than 30 days. 
"(b) ADMINISTRATION OF PLANS.—The plans established under 
this section shall be administered under regulations prescribed 
by the Secretary of Defense in consultation with the other admin-
istering Secretaries. 
"(c) CARE AVAILABLE UNDER PLANS.—Dental plans established 
under subsection (a) may provide for the following dental care: 
"(1) Diagnostic, oral examination, and preventive services 
and palliative emergency care. 
"(2) Basic restorative services of amalgam and composite 
restorations, stainless steel crowns for primary teeth, and 
dental appliance repairs. 
"(3) Orthodontic services, crowns, gold fillings, bridges, 
complete or partial dentures, and such other services as the 
Secretary of Defense considers to be appropriate. 
"(d) PREMIUMS.— 
"(1) PREMIUM SHARING PLANS.—(A) The dental insurance 
plan established imder subsection (a)(1) and the dental benefits 
plans established under subsection (a)(3) are premium sharing 
plans. 
"(B) Members enrolled in a premium sharing plan for them-
selves or for their dependents shall be required to pay a share 
of the premium charged for the benefits provided under the 
plan. The member's share of the premium charge may not 
exceed $20 per month for the enrollment. 
"(C) Effective as of January 1 of each year, the amount 
Effective date, 
of the premium required imder subparagraph (A) shall be 
increased by the percent equal to the lesser of— 
113 STAT. 686 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(i) the percent by which the rates of basic pay of 
members of the uniformed services are increased on such 
date; or 
"(ii) the sum of one-half percent and the percent com-
puted under section 5303(a) of title 5 for the increase 
in rates of basic pay for statutory pay systems for pay 
periods beginning on or after such date. 
"(D) The Secretary of Defense may reduce the monthly 
premium required to be paid under paragraph (1) in the case 
of enlisted members in pay grade E-1, E-2, E-3, or E-4 if 
the Secretary determines that such a reduction is appropriate 
to assist such members to participate in a dental plan referred 
to in subparagraph (A). 
"(2) FULL PREMIUM PLANS.—(A) The dental insurance plan 
established under subsection (a)(2) and the dental benefits plan 
established under subsection (a)(4) are full premium plans. 
"(B) Members enrolled in a full premium plan for them-
selves or for their dependents shall be required to pay the 
entire premium charged for the benefits provided under the 
plan. 
"(3) PAYMENT PROCEDURES.—^A member's share of the pre-
mium for a plan established under subsection (a) may be paid 
by deductions from the basic pay of the member and from 
compensation paid under section 206 of title 37, as the case 
may be. The regulations prescribed under subsection (b) shall 
specify the procedures for payment of the premiums by enroUees 
who do not receive such pay. 
"(e) COPAYMENTS UNDER PREMIUM SHARING PLANS.—A member 
or dependent who receives dental care under a premium sharing 
plan referred to in subsection (d)(1) shall— 
"(1) in the case of care described in subsection (c)(1), pay 
no charge for the care; 
"(2) in the case of care described in subsection (c)(2), pay 
20 percent of the charges for the care; and 
"(3) in the case of care described in subsection (c)(3), pay 
a percentage of the charges for the care that is determined 
appropriate by the Secretary of Defense, after consultation 
with the other administering Secretaries. 
"(f) TRANSFER OF MEMBERS.—If a member whose dependents 
are enrolled in the plan established under subsection (a)(3) is trans-
ferred to a duty station where dental care is provided to the mem-
ber's eligible dependents under a program other than that plan, 
the member may discontinue participation under the plan. If the 
member is later transferred to a duty station where dental care 
is not provided to such member's eligible dependents except imder 
the plan established under subsection (a)(3), the member may re-
enroll the dependents in that plan. 
"(g) 
CARE OUTSIDE THE UNITED STATES.—The Secretary of 
Defense may exercise the authority provided under subsection (a) 
to establish dental insurance plans and dental benefits plans for 
dental benefits provided outside the United States for the eligible 
members and dependents of members of the uniformed services. 
In the case of such an overseas dental plan, the Secretary may 
waive or reduce any copayments required by subsection (e) to the 
extent the Secretary determines appropriate for the effective and 
efficient operation of the plan. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 687 
"(h) WAIVER OF REQUIREMENTS FOR SURVIVING DEPENDENTS.— 
The Secretary of Defense may waive (in whole or in part) any 
requirements of a dental plan established under this section as 
the Secretary determines necessary for the effective administration 
of the plan for a dependent who is an eligible dependent described 
in subsection (k)(2). 
"(i) AUTHORITY SUBJECT TO APPROPRIATIONS.—The authority 
of the Secretary of Defense to enter into a contract under this 
section for £iny fiscal year is subject to the availability of appropria-
tions for that purpose. 
"(j) LIMITATION ON REDUCTION OF BENEFITS.—The Secretary 
of Defense may not reduce benefits provided under a plan estab-
lished under this section until— 
"(1) the Secretary provides notice of the Secretary's intent 
to reduce such benefits to the Committees on Armed Services 
of the Senate and the House of Representatives; and 
"(2) one year has elapsed following the date of such notice, 
"(k) ELIGIBLE DEPENDENT DEFINED.—In this section, the term 
'eligible dependent'— 
"(1) means a dependent described in subparagraph (A), 
(D), or (I) of section 1072(2) of this title; and 
"(2) includes any such dependent of a member who dies 
while on active duty for a period of more than 30 days or 
a member of the Ready Reserve if the dependent is enrolled 
on the date of the death of the member in a dental benefits 
plan established under subsection (a), except that the term 
does not include the dependent after the end of the one-year 
period beginning on the date of the member's death.", 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 55 of such title is amended by striking out the 
items relating to sections 1076a and 1076b and inserting the fol-
lowing: 
"1076a. TRICARE dental program.". 
SEC. 712. 
IMPROVEMENT 
OF 
ACCESS 
TO 
HEALTH 
CARE 
UNDER THE 
TRICAKE 
PROGRAM. 
(a) ACCESS.—The Secretary of Defense shall, to the maximum 
extent practicable, minimize the authorization and certification 
requirements imposed on covered beneficiaries under the TRICARE 
program as a condition of access to benefits under that program. 
(b) REPORT ON INITIATIVES TO IMPROVE ACCESS.—Not later 
than March 31, 2000, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives a report on specific actions taken to— 
(1) reduce the requirements for preauthorization for care 
under the TRICARE program; 
(2) reduce the requirements for beneficiaries to obtain 
preventive services, such as obstetric or gynecologic examina-
tions, mammograms for females over 35 years of age, £ind 
urological examinations for males over the age of 60 without 
preauthorization; and 
(3) reduce the requirements for statements of nonavail-
ability of services. 
(c) REQUIREMENT TO PROVIDE STATEMENT.—Section 1080(b) of 
title 10, United States Code, is amended by adding at the end 
the following new sentence: "Notwithstanding any other provision 
Notice. 
10 use 1073 
note. 
Deadline. 
10 use 1073 
note. 
113 STAT. 688 
PUBLIC LAW 106-65—OCT. 5, 1999 
of law, with respect to obstetrics and gjniecological care for bene-
ficiaries not enrolled in a managed care plan offered pursuant 
to any contract or agreement under this chapter, a nonavailability-
of-health-care statement shall be required for receipt of health 
care services related to outpatient prenatal, outpatient or inpatient 
delivery, and outpatient post-partum care subsequent to the visit 
which confirms the pregnancy.". 
SEC. 713. 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: 
"§ 1095c. TRICARE program: facilitation of processing of 
claims 
"(a) REDUCTION OF PROCESSING TIME.—(1) With respect to 
claims for payment for medical care provided under the TRICARE 
program, the Secretary of Defense shall implement a system for 
processing of claims under which— 
"(A) 95 percent of all clean 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 clean claims must be processed 
not later than 100 days after the date that such claims are 
submitted to the claims processor. 
"(2) The Secretary may, under the system required by para-
graph (1) and consistent with the provisions in chapter 39 of title 
31 (commonly referred to as the 'Prompt Pa5niient Act'), require 
that interest be paid on clean claims that are not processed within 
30 days. 
"(3) For purposes of this subsection, the term 'clean claim' 
means a claim that has no defect, impropriety (including a lack 
of any required substantiating documentation), or particular cir-
cumstance requiring special treatment that prevents timely pay-
ment on the claim under this section. 
"(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 program until at least nine months after the date 
of the award of the contract. In such case the contractor may 
begin to 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. 
"(c) INCENTIVES.FOR ELECTRONIC PROCESSING.—The Secretary 
of Defense shall require that new contracts for managed care sup-
port under the TRICARE program provide that the contractor be 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 689 
permitted to provide financial incentives to health care providers 
who file claims for payment electronically.". 
(2) The table of sections at the beginning of such chapter 
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 fi-ame 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 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. 
SEC. 714. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES. 
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1095c (as added by section 
713) 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 o
f
— 
"(1) a member of a reserve component on active duty pursu-
ant 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 in subparagraphs 
(A), (D), or (I) of section 1072(2) of this title.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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.". 
Deadline. 
10 u s e 1095c 
note. 
10 u s e 1095c 
note. 
113 STAT. 690 
PUBLIC LAW 106-65—OCT. 5, 1999 
Regulations. 
10 u s e 1095e 
note. 
SEC. 715. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE 
COORDINATORS. 
(a) ESTABLISHMENT OF POSITIONS.—(1) Chapter 55 of title 10, 
United States Code, is amended by inserting after section 1095d 
(as added by section 714) the following new section: 
"§ 1095e. TRICARE program: beneficiary 
counseling and 
assistance coordinators 
"(a) ESTABLISHMENT OF POSITIONS.—The Secretary of Defense 
shall require in regulations that— 
"(1) each lead agent under the TRICARE program— 
"(A) designate a person to serve full-time as a bene-
ficiary counseling and assistance coordinator for bene-
ficiaries under the TRICARE program; and 
"(B) provide for toll-free telephone communication 
between such beneficiaries and the beneficiary counseling 
and assistance coordinator; and 
"(2) the commander of each military medical treatment 
facility under this chapter designate a person to serve, as 
a primary or collateral duty, as beneficiary counseling and 
assistance coordinator for beneficiaries under the TRICARE 
program served at that facility. 
(b) DUTIES.—The Secretary shall prescribe the duties of the 
position of beneficiary counseling and assistance coordinator in 
the regulations required by subsection (a).". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1095d 
the following new item: 
"1095e. TRICARE program: beneficiary counseling and assistance coordinators.". 
(b) DEADLINE FOR INITIAL DESIGNATIONS.—Each beneficiary 
counseling and assistance coordinator required under the regula-
tions described in section 1095e(a) of title 10, United States Code 
(as added by subsection (a)), shall be designated not later than 
January 15, 2000. 
SEC. 716. IMPROVEMENT 
OF TRICARE 
MANAGEMENT; 
IMPROVE-
MENTS TO THIRD-PARTY PAYER COLLECTION PROGRAM. 
(a) IMPROVEMENT OF TRICARE PROGRAM.—(1) Chapter 55 of 
title 10, United States Code, is amended by inserting after section 
1097a the following new section: 
^'§ 1097b. TRICARE program: financial management 
"(a) REIMBURSEMENT OF PROVIDERS.—(1) Subject to paragraph 
(2), the Secretary of Defense may reimburse health care providers 
under the TRICARE program at rates higher than the reimburse-
ment rates otherwise authorized for the providers under that pro-
gram if the Secretary determines that application of the higher 
rates is necessary in order to ensure the availability of an adequate 
number of qualified health care providers under that program. 
"(2) The amount of reimbursement provided under paragraph 
(1) with respect to a health care service may not exceed the lesser 
of the following: 
"(A) The amoimt equal to the local fee for service charge 
for the service in the service area in which the service is 
provided as determined by the Secretary based on one or more 
of the following pa3anent rates: 
"(i) Usual, customary, and reasonable. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 691 
"(ii) The Health 
Care 
Finance 
Administration's 
Resource Based Relative Value Scale, 
"(iii) Negotiated fee schedules, 
"(iv) Global fees. 
"(v) Sliding scale individual fee allowances. 
"(B) The amount equal to 115 percent of the CHAMPUS 
maximum allowable charge for the service. 
"(b) THIRD-PARTY COLLECTIONS.—(1) A medical 
treatment 
facility of the uniformed services under the TRICARE program 
has the same right as the United States under section 1095 of 
this title to collect from a third-party payer the reasonable charges 
for health care services described in paragraph (2) that are incurred 
by the facility on behalf of a covered beneficiary under that program. 
"(2) The Secretary of Defense shall prescribe regulations for 
the administration of this subsection. The regulations shall set 
forth the method to be used for the computation of the reasonable 
charges for inpatient, outpatient, and other health care services. 
The method of computation may be— 
"(A) a method that is based on— 
"(i) per diem rates; 
"(ii) all-inclusive rates for each visit; 
"(iii) diagnosis-related groups; or 
"(iv) rates prescribed under the regulations imple-
menting sections 1079 and 1086 of this title; or 
"(B) any other method considered appropriate. 
"(c) CONSULTATION REQUIREMENT.—The Secretary of Defense 
shall carry out the responsibilities under this section after consulta-
tion with the other administering Secretaries.". 
(2) The table of sections at the beginning of chapter 55 of 
such title is amended by inserting after the item relating to section 
1097a the following new item: 
"1097b. TRICARE program: financial management.". 
(b) REPORT ON IMPLEMENTATION.—(1) Not later than 6 months 
after the date of the enactment of this Act, the Secretary of Defense, 
in consultation with the other administering Secretaries, shall 
submit to Congress a report assessing the effects of the implementa-
tion of the requirements and authorities set forth in sections 1097b 
of title 10, United States Code (as added by subsection (a)). 
(2) The report shall include the following: 
(A) Ai assessment of the cost of the implementation of 
such requirements and authorities. 
(B) An assessment of whether the implementation of any 
such requirements and authorities will result in the utilization 
by the TRICARE program of the best industry practices with 
respect to the matters covered by such requirements and 
authorities. 
(3) In this subsection, the term "administering Secretaries" 
has the meaning given that term in section 1072(3) of title 10, 
United States Code. 
(c) IMPROVEMENT TO THIRD-PARTY COLLECTION PROGRAM.—(1) 
Section 1095 of title 10, United States Code, is amended— 
(A) in subsection (a)(1)— 
(i) by striking "the reasonable costs of and inserting 
"reasonable charges for"; 
(ii) by striking "such costs" and inserting "such 
charges"; and 
Regul8.tions. 
Deadline. 
10 use 1097b 
note. 
113 STAT. 692 
PUBLIC LAW 106-65—OCT. 5, 1999 
10 u s e 1097b 
note. 
Deadline. 
(iii) by striking "the reasonable cost of and inserting 
"a reasonable charge for"; 
(B) in subsection (g), by striking "the costs of; and 
(C) in subsection (h)(1), by striking the first sentence and 
inserting "The term 'third-party payer' means an entity that 
provides an insurance, medical service, or health plan by con-
tract or agreement, including 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.". 
(2) Section 1095b(b) of title 10, United States Code, is amended 
by striking the first and second sentences afber the heading and 
inserting the following: "The United States shall have the same 
right to collect charges related to claims described in subsection 
(a) as charges for claims under section 1095 of this title.". 
(d) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect one year after the date of the enactment 
of this Act. 
SEC. 717. COMPARATIVE 
REPORT ON HEALTH 
CARE 
COVERAGE 
UNDER THE TRICARE PROGRAM. 
Not later than March 31, 2000, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report including a comparison of 
health care coverage available through the TRICARE program with 
the coverage available under similar health benefits plans offered 
under the Federal Employees Health Benefits program established 
under chapter 89 of title 5, United States Code. Such comparison 
shall include, but not be limited to, a comparison of cost sharing 
requirements, overall costs to beneficiaries, covered benefits, and 
exclusions from coverage. 
Subtitle C—Other Matters 
SEC. 721. FORENSIC 
PATHOLOGY 
INVESTIGATIONS 
BY 
ARMED 
FORCES MEDICAL EXAMINER. 
(a) INVESTIGATION AUTHORITY.—Chapter 75 of title 10, United 
States Code, is amended by striking the heading for the chapter 
and inserting the following: 
"CHAPTER 
75—DECEASED 
PERSONNEL 
"Subchapter 
Sec. 
"I. Death Investigations 
1471 
"II. Death Benefits 
1475 
"SUBCHAPTER I—DEATH INVESTIGATIONS 
"Sec. 
"1471. Forensic pathology investigations. 
"§ 1471. Forensic pathology investigations 
Regulations. 
"(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of Defense, the Armed Forces Medical Examiner may conduct a 
forensic pathology investigation to determine the cause or manner 
of death of a deceased person if such an investigation is determined 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 693 
to be justified under circumstances described in subsection (b). 
The investigation may include an autopsy of the decedent's remains. 
"(b) BASIS FOR INVESTIGATION.—(1) A forensic pathology inves-
tigation of a death under this section is justified if at least one 
of the circumstances in paragraph (2) and one of the circumstances 
in paragraph (3) exist. 
"(2) A circumstance under this paragraph is a circumstance 
under which— 
"(A) it appears that the decedent was killed or that, what-
ever the cause of the decedent's death, the cause was unnatural; 
"(B) the cause or manner of death is unknown; 
"(C) there is reasonable suspicion that the death was by 
unlawful means; 
"(D) it appears that the death resulted from an infectious 
disease or from the effects of a hazardous material that may 
have an adverse effect on the military installation or community 
involved; or 
"(E) the identity of the decedent is unknown. 
"(3) A circumstance under this paragraph is a circumstance 
under which— 
"(A) the decedent— 
"(i) was found dead or died at an installation garrisoned 
by units of the armed forces that is under the exclusive 
jurisdiction of the United States; 
"(ii) was a member of the armed forces on active duty 
or inactive duty for training; 
"(iii) was recently retired under chapter 61 of this 
title as a result of an injury or illness incurred while 
a member on active duty or inactive duty for training; 
or 
"(iv) was a civilian dependent of a member of the 
armed forces and was found dead or died outside the United 
States; 
"(B) in any other authorized Department of Defense inves-
tigation of matters which involves the death, a factual deter-
mination of the cause or manner of the death is necessary; 
or 
"(C) in any other authorized investigation being conducted 
by the Federal Bureau of Investigation, the National Trsinspor-
tation Safety Board, or any other Federal agency, an authorized 
official of such agency with authority to direct a forensic 
pathology investigation requests that the Armed Forces Medical 
Examiner conduct such an investigation. 
"(c) DETERMINATION OF JUSTIFICATION.—(1) Subject to para-
graph (2), the determination that a circumstance exists under para-
graph (2) of subsection (b) shall be made by the Armed Forces 
Medical Examiner. 
"(2) A commander may make the determination that a cir-
cumstance exists under paragraph (2) of subsection (b) and require 
a forensic pathology investigation under this section without regard 
to a determination made by the Armed Forces Medical Examiner 
if— 
"(A) in a case involving circumstances described in para-
graph (3)(A)(i) of that subsection, the commander is the com-
mander of the installation where the decedent was found dead 
or died; or 
113 STAT. 694 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(B) in a case involving circumstances described in para-
graph (3)(A)(ii) of that subsection, the commander is the com-
mander of the decedent's unit at a level in the chain of command 
designated for such purpose in the regulations prescribed by 
the Secretary of Defense. 
"(d) LIMITATION IN CONCURRENT JURISDICTION CASES.—(1) The 
exercise of authority under this section is subject to the exercise 
of primary jurisdiction for the investigation of a death— 
"(A) in the case of a death in a State, by the State or 
a local government of the State; or 
"(B) in the case of a death in a foreign country, by that 
foreign country under any applicable treaty, status of forces 
agreement, or other international agreement between the 
United States and that foreign country. 
"(2) Paragraph (1) does not limit the authority of the Armed 
Forces Medical Examiner to conduct a forensic pathology investiga-
tion of a death that is subject to the exercise of primary jurisdiction 
by another sovereign if the investigation by the other sovereign 
is concluded without a forensic pathology investigation that the 
Armed Forces Medical Examiner considers complete. For the pur-
poses of the preceding sentence a forensic pathology investigation 
is incomplete if the investigation does not include an autopsy of 
the decedent. 
"(e) PROCEDURES.—For a forensic pathology investigation under 
this section, the Armed Forces Medical Examiner shall— 
"(1) designate one or more qualified pathologists to conduct 
the investigation; 
"(2) to the extent practicable and consistent with respon-
sibilities under this section, give due regard to any applicable 
law protecting religious beliefs; 
"(3) as soon as practicable, notify the decedent's family, 
if known, that the forensic pathology investigation is being 
conducted; 
"(4) as soon as practicable after the completion of the 
investigation, authorize release of the decedent's remains to 
the family, if known; and 
"(5) promptly report the results of the forensic pathology 
investigation to the official responsible for the overall investiga-
tion of the death. 
"(f) DEFINITION OF STATE.—In this section, the term 'State' 
includes the District of Columbia, the Commonwealth of Puerto 
Rico, and Guam.". 
(b) 
REPEAL OF AUTHORITY FOR EXISTING INQUEST PROCE-
DURES.—Sections 4711 and 9711 of title 10, United States Code, 
are repealed. 
(c) TECHNICAL AND CLERICAL AMENDMENTS.—(1) Chapter 75 
of such title, as amended by subsection (a), is further amended 
by inserting before section 1475 the following: 
"SUBCHAPTER II—DEATH BENEFITS". 
(2) The item relating to chapter 75 in the tables of chapters 
at the beginning of subtitle A of such title and at the beginning 
of part II of such subtitle is amended to read as follows: 
"75. Deceased Personnel 
1471". 
(3) The table of sections at the beginning of chapter 445 of 
such title is amended by striking the item relating to section 4711. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 695 
(4) The table of sections at the beginning of chapter 945 of 
such title is amended by striking the item relating to section 9711. 
(5) The heading for chapter 445 of such title is amended to 
read as follows: 
"CHAPTER 445--DISPOSITION OF EFFECTS OF 
DECEASED PERSONS; CAPTURED FLAGS". 
(6) The heading for chapter 945 of such title is amended to 
read as follows: 
"CHAPTER 945—DISPOSITION OF EFFECTS OF 
DECEASED PERSONS". 
(7) The item relating to chapter 445 in the tables of chapters 
at the beginning of subtitle B of such title and at the beginning 
of part IV of such subtitle is amended to read as follows: 
"446. Disposition of Effects of Deceased Persons; Captured Flags 
4712". 
(8) The item relating to chapter 945 in the tables of chapters 
at the beginning of subtitle D of such title and at the beginning 
of part IV of such subtitle is amended to read as follows: 
"945. Disposition of Effects of Deceased Persons 
9712". 
SEC. 722. BEST VALUE CONTRACTING. 
(a) AUTHORITY.—Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1073 the following: 
"§ 1073a. Contracts for health care: hest value contracting 
"(a) AUTHORITY.—Under regulations prescribed by the admin- Regulations, 
istering Secretaries, health care contracts shall be awarded in the 
administration of this chapter to the offeror or offerors that will 
provide the best value to the United States to the maximum extent 
consistent with furnishing high-quality health care in a msinner 
that protects the fiscal and other interests of the United States. 
"(b) FACTORS CONSIDERED.—In the determination of best value 
under subsection (a)— 
"(1) consideration shall be given to the factors specified 
in the regulations; and 
"(2) greater weight shall be accorded to technical and 
performance-related factors than to cost and price-related fac-
tors. 
"(c) APPLICABILITY.—The authority imder the regulations pre-
scribed under subsection (a) shall apply to any contract in excess 
of $5,000,000.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1073 the following: 
"1073a. Contracts for health care: best value contracting.". 
SEC. 723. HEALTH CARE QUALITY INFORMATION AND TECHNOLOGY 
10 USC 1071 
ENHANCEMENT. 
note. 
(a) PURPOSE.—The purpose of this section is to ensure that 
the Department of Defense addresses issues of medical quality 
surveillance and implements solutions for those issues in a timely 
manner that is consistent with national policy and industry stand-
ards. 
113 STAT. 696 
PUBLIC LAW 106-65—OCT. 5, 1999 
(b) 
DEPARTMENT 
OF 
DEFENSE 
PROGRAM 
FOR 
MEDICAL 
INFORMATICS AND DATA.—The Secretary of Defense shall establish 
a Department of Defense program, the purposes of which shall 
be the following: 
(1) To develop parameters for assessing the quality of 
health care information. 
(2) To develop the defense digital patient record. 
(3) To develop a repository for data on quality of health 
care. 
(4) To develop capability for conducting research on quality 
of health care. 
(5) To conduct research on matters of quality of health 
care. 
(6) To develop decision support tools for health care pro-
viders. 
(7) To refine medical performance report cards. 
(8) To conduct educational programs on medical informatics 
to meet identified needs. 
(c) AUTOMATION AND CAPTURE OF CLINICAL DATA.—(1) Through 
the program established under subsection (b), the Secretary of 
Defense shall accelerate the efforts of the Department of Defense 
to automate, capture, and exchange controlled clinical data and 
present providers with clinical guidance using a personal informa-
tion carrier, clinical lexicon, or digital patient record. 
(2) The program shall serve as a primary resource for the 
Department of Defense for matters concerning the capture, proc-
essing, and dissemination of data on health care quality. 
Establishment. 
(d) MEDICAL INFORMATICS ADVISORY COMMITTEE.—(1) The Sec-
retary of Defense shall establish a Medical Informatics Advisory 
Committee (hereinafter referred to as the "Committee"), the mem-
bers of which shall be the following: 
(A) The Assistant Secretary of Defense for Health Affairs. 
(B) The Director of the TRICARE Management Activity 
of the Department of Defense. 
(C) The Surgeon General of the Army. 
(D) The Surgeon General of the Navy. 
(E) The Surgeon General of the Air Force. 
(F) Representatives of the Department of Veterans Affairs, 
designated by the Secretary of Veterans Affairs. 
(G) Representatives of the Department of Health and 
Human Services, designated by the Secretary of Health and 
Hum£in Services. 
(H) Any additional members appointed by the Secretary 
of Defense to represent health care insurers and managed 
care organizations, academic health institutions, health care 
providers (including representatives of physicians and rep-
resentatives of hospitals), and accreditors of health care plans 
and organizations. 
(2) The primary mission of the Committee shall be to advise 
the Secretary on the development, deployment, and maintenance 
of health care informatics systems that allow for the collection, 
exchange, and processing of health care quality information for 
the Department of Defense in coordination with other Federal 
departments and agencies and with the private sector. 
(3) Specific areas of responsibility of the Committee shall 
include advising the Secretary on the following: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 697 
(A) The ability of the medical informatics systems at the 
Department of Defense and Department of Veterans Affairs 
to monitor, evaluate, and improve the quality of care provided 
to beneficiaries. 
(B) The coordination of key components of medical 
informatics systems, including digital patient records, both 
within the Federal Government and between the Federal 
Government and the private sector. 
(C) The development of operational capabilities for execu-
tive information systems and clinical decision support systems 
within the Department of Defense and Department of Veterans 
Affairs. 
(D) Standardization of processes used to collect, evaluate, 
and disseminate health care quality information. 
(E) Refinement of methodologies by which the quality of 
health care provided within the Department of Defense and 
Department of Veterans Affairs is evaluated. 
(F) Protecting the confidentiality of personal 
health 
information. 
(4) The Assistant Secretary of Defense for Health Affairs shall 
consult with the Committee on the issues described in paragraph 
(3). 
(5) The Secretary of Defense shall submit to Congress an annual 
report on the activities of the Committee and on the coordination 
of development, deployment, and maintenance of health care 
informatics systems within the Federal Government, and between 
the Federal Government and the private sector. 
(6) Members of the Committee shall not be paid by reason 
of their service on the Committee. 
(7) The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Committee. 
(e) ANNUAL REPORT.—^The Assistant Secretary of Defense for 
Health Affairs shall submit to Congress on an annual basis a 
report on the quality of health care furnished under the health 
care programs of the Department of Defense. The report shall 
cover the most recent fiscal year ending before the date the report 
is submitted and shall contain a discussion of the quality of the 
health care measured on the basis of each statistical and customer 
satisfaction factor that the Assistant Secretary determines appro-
priate, including, at a minimum, a discussion of the following: 
(1) Health outcomes. 
(2) The extent of use of health report cards. 
(3) The extent of use of standard clinical pathways. 
(4) The extent of use of innovative processes for surveil-
lance. 
SEC. 724. JOINT TELEMEDICINE AND TELEPHARMACY DEMONSTRA- 
10 USC 1092 
TION PROJECTS BY THE DEPARTMENT OF DEFENSE AND 
note. 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—The Secretary of Defense and the Secretary 
of Veterans Affairs may carry out joint demonstration projects 
for purposes of evaluating the feasibility and practicability of using 
telecommunications to provide health care services and pharmacy 
services. 
(b) SERVICES TO BE PROVIDED.—The services provided imder 
the demonstration projects may include the following: 
(1) Radiology and imaging services. 
113 STAT. 698 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) Diagnostic services. 
(3) Referral services. 
(4) Clinical pharmacy services. 
(5) Any other health care services or pharmacy services 
designated by the Secretaries. 
(c) SELECTION OF LOCATIONS.—(1) The Secretaries may carry 
out the demonstration projects described in subsection (a) at not 
more than five locations selected by the Secretaries from locations 
in which are located both a uniformed services treatment facility 
and a Department of Veterans Affairs medical center that are 
affiliated with academic institutions having a demonstrated exper-
tise in the provision of health care services or pharmacy services 
by means of telecommunications. 
(2) Representatives of a facility and medical center selected 
under paragraph (1) shall, to the maximum extent practicable, 
carry out the demonstration project in consultation with representa-
tives of the academic institution or institutions with which affili-
ated. 
(d) PERIOD OF DEMONSTRATION PROJECTS.—The Secretaries 
may carry out the demonstration projects during the three-year 
period beginning on October 1,1999. 
Deadline. 
(e) REPORT.—Not later th£in December 31, 2002, the Secretaries 
shall jointly submit to Congress a report on the demonstration 
projects. The report shall include— 
(1) a description of each demonstration project; and 
(2) an evaluation, based on the demonstration projects, 
of the feasibility and practicability of using telecommunications 
to provide health care services and pharmacy services, including 
the provision of such services to field hospitals of the Armed 
Forces and to Department of Veterans Affairs outpatient health 
care clinics. 
SEC. 725. PROGRAM-YEAR STABILITY DJ HEALTH CARE BENEFITS. 
Section 1073 of title 10, United States Code, is amended— 
(1) by inserting "(a) RESPONSIBLE OFFICIALS.—" at the 
beginning of the text of the section; and 
(2) by adding at the end the following: 
"(b) STABILITY IN PROGRAM OF BENEFITS.—The Secretary of 
Defense shall, to the maximum extent practicable, provide a stable 
program of benefits under this chapter throughout each fiscal yeeir. 
To achieve the stability in the case of managed care support con-
tracts entered into under this chapter, the contracts shall be 
administered so as to implement all changes in benefits and 
administration on a quarterly basis. However, the Secretary of 
Defense may implement any such change prior to the next fiscal 
quarter if the Secretary determines that the change would signifi-
cantly improve the provision of care to eligible beneficiaries under 
this chapter.". 
SEC. 726. STUDY ON JOINT OPERATIONS FOR THE DEFENSE HEALTH 
PROGRAM. 
Deadline. 
Not later than October 1, 2000, the Secretary of Defense shall 
prepare and submit to Congress a study identif3dng areas with 
respect to the Defense Health Program for which joint operations 
might be increased, including organization, training, patient care, 
hospital management, and budgeting. The study shall include a 
discussion of the merits and feasibility o
f
— 
PUBLIC LAW 106-65—OCT. 5, 1999 
1 1 3 STAT. 699 
(1) establishing a joint command for the Defense Health 
Program as a military counterpart to the Assistant 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. 
SEC. 727. TRAUMA TRAINING CENTER. 
Section 
742 of the Strom 
Thurmond 
National 
Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 2074) is amended to read as follows: 
"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. 728. SENSE OF CONGRESS REGARDING AUTOMATIC ENROLL-
MENT OF MEDICARE-ELIGIBLE BENEFICIARIES IN THE 
TRICARE SENIOR PRIME DEMONSTRATION PROJECT. 
It is the sense of Congress that— 
(1) any person who is enrolled in a managed health care 
program of the Department of Defense at a location at which 
the medicare subvention demonstration project for military 
retirees conducted under section 1896 of the Social Security 
Act (42 U.S.C. 1395ggg) is implemented, and who attains eligi-
bility for medicare, should be automatically authorized to enroll 
in such demonstration project; and 
(2) the Secretary of Defense, in coordination with the other 
administering Secretaries described in section 1072(3) of title 
10, United States Code, should modify existing policies and 
procedures for such demonstration project as necessary to 
permit such automatic enrollment. 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—^Amendments to General Contracting Authorities, Procedures, 
and Limitations 
Sec. 801. Authority to carry out certain prototype projects. 
Sec. 802. Streamlined applicability of cost accounting standards. 
Sec. 803. Sale, exchange, and waiver authority for coal and coke. 
Sec. 804. Guidance on use of task order and delivery order contracts. 
Sec. 805. Clarification of definition of commercial items with respect to associated 
services. 
Sec. 806. Use of special simplified procedures for purchases of commercial items in 
excess of the simplified acquisition threshold. 
Sec. 807. Repeal of termination of provision of credit towards subcontracting goals 
for purchases benefiting severely handicapped persons. 
Sec. 808. Contract goal for small msadvantaged businesses and certain institutions 
of higher education. 
Sec. 809. Required reports for certain multiyear contracts. 
Subtitle B—Other Matters 
Sec. 811. Mentor-Protege Program improvements. 
Sec. 812. Program to increase business innovation in defense acquisition programs. 
113 STAT. 700 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
813. 
814. 
815. 
816. 
817. 
818. 
819. 
820. 
821. 
PUBLIC LAW 106-65—OCT. 5, 1999 
Incentives to produce innovative new technologies. 
Pilot program for commercial services. 
Expansion of applicability of requirement to make certain procurements 
from small arms production industrial base. 
Compliance with existing law regarding purchases of equipment and 
products. 
Extension of test program for negotiation of comprehensive small busi-
ness subcontracting plans. 
Extension of interim reporting rule for certain procurements less than 
$100,000. 
Inspector Greneral review of compliance with Buy American Act in pur-
chases of strength training equipment. 
Report on options for accelerated acquisition of precision munitions. 
Technical amendment to prohibition on release of contractor proposals 
under the Freedom of Information Act. 
Subtitle A—^Amendments to General Con-
tracting Authorities, 
Procedures, 
and 
Limitations 
SEC. 
801. AUTHORITY TO CARRY OUT CERTAE»J PROTOTYPE 
PROJECTS. 
Section 845 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1721; 10 U.S.C. 2371 
note) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following: 
Contracts. 
"(c) COMPTROLLER GENERAL REVIEW.—(1) Each agreement 
entered into by an official referred to in subsection (a) to carry 
out a project under that subsection that provides for pa3niients 
in a total amount in excess of $5,000,000 shall include a clause 
that provides for the Comptroller General, in the discretion of 
the Comptroller General, to examine the records of any party to 
the agreement or emy entity that participates in the performance 
of the agreement. 
"(2) The requirement in paragraph (1) shall not apply with 
respect to a party or entity, or a subordinate element of a party 
or entity, that has not entered into any other agreement that 
provides for audit access by a Government entity in the year prior 
to the date of the agreement. 
"(3) The head of the contracting activity that is carrying out 
the agreement may waive the applicability of the requirement in 
paragraph (1) to the agreement if the head of the contracting 
activity determines that it would not be in the public interest 
to apply the requirement to the agreement. The waiver shall be 
effective with respect to the agreement only if the head of the 
contracting activity transmits a notification of the waiver to Con-
gress and the Comptroller General before entering into the agree-
ment. The notification shall include the rationale for the determina-
tion. 
"(4) The Comptroller General may not examine records pursu-
ant to a clause included in an agreement under paragraph (1) 
more than three years after the final payment is made by the 
United States under the agreement.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 701 
SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING 
STANDARDS. 
(a) APPLICABILITY.—Paragraph (2)(B) of section 26(f) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 422(f)(2)(B)) 
is amended by adding at the end the following new clauses: 
"(iii) Firm, fixed-price contracts or subcontracts awarded 
on the basis of adequate price competition without submission 
of certified cost or pricing data. 
"(iv) A contract or subcontract with a value of less than 
$7,500,000 if, at the time the contract or subcontract is entered 
into, the segment of the contractor or subcontractor that will 
perform the work has not been awarded at least one contract 
or subcontract with a value of more than $7,500,000 that is 
covered by the cost accounting standards.". 
(b) WAIVER.—Section 26(f) of that Act is further amended by 
adding at the end the following: 
"(5)(A) The head of an executive agency may waive the applica-
bility of the cost accounting standards for a contract or subcontract 
with a value less than $15,000,000 if that official determines in 
writing that the segment of the contractor or subcontractor that 
will perform the work— 
"(i) is primarily engaged in the sale of commercial items; 
and 
"(ii) would not otherwise be subject to the cost accounting 
standards under this section, as in effect on or after the effective 
date of this paragraph. 
"(B) The head of an executive agency may also waive the 
applicability of the cost accounting standards for a contract or 
subcontract under exceptional circumstances when necessary to 
meet the needs of the agency. A determination to waive the applica-
bility of the cost accounting standards under this subparagraph 
shall be set forth in writing eind shall include a statement of 
the circumstances justifying the waiver. 
"(C) The head of an executive agency may not delegate the 
authority under subparagraph (A) or (B) to any official in the 
executive agency below the senior polic3anaking level in the execu-
tive agency. 
"(D) The Federal Acquisition Regulation shall include the fol-
lowing: 
"(i) Criteria for selecting an official to be delegated 
authority to grant waivers under subparagraph (A) or (B). 
"(ii) The specific circumstances under which such a waiver 
may be granted. 
"(E) The head of each executive agency shall report the waivers 
granted under subparagraphs (A) and (B) for that agency to the 
Board on an annual basis.". 
(c) 
REGULATION ON TYPES OF CAS COVERAGE.—(1) The 4i use 422 note. 
Administrator for Federal Procurement Policy shall revise the rules 
£ind procedures prescribed pursuant to section 26(f) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 422(f)) to the extent 
necessary to increase the thresholds established 
in 
section 
9903.201-2 of title 48 of the Code of Federal Regulations from 
$25,000,000 to $50,000,000. 
(2) Paragraph (1) requires only a change of the statement 
of a threshold condition in the regulation referred to by section 
number in that paragraph, and shall not be construed as— 
(A) a ratification or expression of approval o
f
— 
113 STAT. 702 
PUBLIC LAW 106-65—OCT. 5, 1999 
(i) any aspect of the regulation; or 
(ii) the manner in which section 26 of the Office of 
Federal Procurement Policy Act is administered through 
the regulation; or 
(B) a requirement to apply the regulation. 
41 use 422 note. 
(d) IMPLEMENTATION.—The Administrator for Federal Procure-
ment Policy shall ensure that this section and the amendments 
made by this section are implemented in a manner that ensures 
that the Federal Government can recover costs, as appropriate, 
in a case in which noncompliance with cost accounting standards, 
or a change in the cost accounting system of a contractor segment 
or subcontractor segment that is not determined to be desirable 
by the Federal Government, results in a shift of costs from contracts 
that are not covered by the cost accounting standards to contracts 
that are covered by the cost accounting standards. 
41 use 422 note. 
(e) IMPLEMENTATION OF REQUIREMENTS FOR REVISION OF REGU-
LATIONS.—(1) Final regulations required by subsection (c) shall 
be issued not later than 180 days after the date of the enactment 
of this Act. 
(2) Subsection (c) shall cease to be effective one year after 
the date on which final regulations issued in accordance with that 
subsection take effect. 
(f) STUDY OF TYPES OF CAS COVERAGE.—The Administrator 
for Federal Procurement Policy shall review the various categories 
of coverage of contracts for applying cost accounting standards 
and, not later than the date on which the President submits to 
Congress the budget for fiscal year 2001 under section 1105(a) 
of title 31, United States Code, submit to Congress a report on 
the results of the review. The report shall include an analysis 
of the matters reviewed and any recommendations that the 
Administrator considers appropriate regarding such matters. 
41 u s e 422 note. 
(g) INAPPLICABILITY OF STANDARDS TO CERTAIN CONTRACTS.— 
The cost accounting standards issued pursuant to section 26(f) 
of the Office of Federal Procurement Pohcy Act (41 U.S.C. 422(f)), 
as amended by this section, shall not apply during fiscal year 
2000 with respect to a contract entered into under the authority 
provided in chapter 89 of title 5, United States Code (relating 
to health benefits for Federal employees). 
41 use 422 note. 
(h) CONSTRUCTION REGARDING CERTAIN NOT-FOR-PROFIT ENTI-
TIES.—The amendments made by subsections (a) and (b) shall not 
be construed as modifying or superseding, nor as intended to impair 
or restrict, the applicability of the cost accounting standards 
described in section 26(f) of the Office of Federal Procurement 
PoHcy Act (41 U.S.C. 422(f)) to— 
(1) any educational institution or federally funded research 
and development center that is associated with an educational 
institution in accordance with Office of Management suid 
Budget Circular A-21, as in effect on January 1, 1999; or 
(2) any contract with a nonprofit entity that provides 
research and development and related products or services 
to the Department of Defense. 
41 use 422 note. 
(i) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall take effect 180 days after the date of enactment 
of this Act, and shall apply with respect to— 
(1) contracts that are entered into on or after such effective 
date; and 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 703 
(2) determinations made on or after such effective date 
regarding whether a segment of a contractor or subcontractor 
is subject to the cost accounting standards under section 26(f) 
of the Office of Federal Procurement Pohcy Act (41 U.S.C. 
422(f)), regardless of whether the contracts on which such deter-
minations are made were entered into before, on, or after 
such date. 
SEC. 803. 
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 inserting "a defined fuel 
source"; 
(B) in paragraph (1)— 
(i) by striking "petroleum market conditions 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 petroleum or acquisi-
tion of natural gas, respectively," and 
inserting 
"acquisition of that defined ftiel source"; and 
(C) in paragraph (2), by striking "petroleum or natural 
gas, as the case may be," and inserting "that defined fuel 
source"; 
(2) in subsection (b), by striking "petroleum or natural 
gas" in the second sentence and inserting "a defined fuel 
source"; 
(3) 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."; 
(4) 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 
(5) by adding at the end the following new subsection: 
"(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.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
113 STAT. 704 
PUBLIC LAW 106-65—OCT. 5, 1999 
'*§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.". 
41 use 253h 
SEC. 804. GUIDANCE ON USE OF TASK ORDER AND DELIVERY ORDER 
note. 
CONTRACTS. 
(a) GUIDANCE IN THE FEDERAL ACQUISITION REGULATION.—Not 
later th£m 180 days after the date of the enactment of this Act, 
the Federal Acquisition Regulation issued in accordance with sec-
tions 6 and 25 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 405 and 421) shall be revised to provide guidance to 
agencies on the appropriate use of task order and delivery order 
contracts in accordance with sections 2304a through 2304d of title 
10, United States Code, and sections 303H through 303K of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253h through 253k). 
Regulations. 
(b) CONTENT OF GUIDANCE,—The regulations issued pursu£int 
to subsection (a) shall, at a minimum, provide the following: 
(1) Specific guidance on the appropriate use of government-
wide and other multiagency contracts entered into in accord-
ance with the provisions of law referred to in that subsection. 
(2) Specific guidance on steps that agencies should take 
in entering into and administering multiple award task order 
and delivery order contracts to ensure compliance with— 
(A) the requirement in section 5122 of the Clinger-
Cohen Act (40 U.S.C. 1422) for capital planning and invest-
ment control in purchases of information technology prod-
ucts £uid services; 
(B) the requirement in section 2304c(b) of title 10, 
United States Code, and section 303J(b) of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 253j(b)) to ensure that all contractors are afforded 
a fair opportunity to be considered for the award of task 
orders and delivery orders; and 
(C) the requirement in section 2304c(c) of title 10, 
United States Code, and section 303J(c) of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 253j(c)) for a statement of work in each task order 
or delivery order issued that clearly specifies all tasks 
to be performed or property to be delivered under the 
order. 
(c) GSA FEDERAL SUPPLY SCHEDULES PROGRAM.—The Adminis-
trator for Federal Procurement Policy shall consult with the 
Administrator of General Services to assess the effectiveness of 
the multiple awards schedule program of the General Services 
Administration referred to in section 309(b)(3) of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 259(b)(3)) 
that is administered as the Federal Supply Schedules program. 
The assessment shall include examination of the following: 
(1) The administration of the program by the Administrator 
of General Services. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 705 
(2) The ordering and program practices followed by Federal 
customer agencies in using schedules established under the 
program. 
(d) GAO REPORT.—Not later than one year after the date on 
which the regulations required by subsection (a) are published 
in the Federal Register, the Comptroller General shall submit to 
Congress an evaluation o
f
— 
(1) executive agency compliance with the regulations; and 
(2) conformance of the regulations with existing law, 
together with any recommendations that the Comptroller Gen-
eral considers appropriate. 
SEC. 805. CLARIFICATION OF DEFINITION OF COMMERCIAL ITEMS 
WITH RESPECT TO ASSOCIATED SERVICES. 
Section 4(12)(E) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403(12)(E)) is amended to read as follows: 
"(E) Installation services, maintenance services, repair 
services, training services, and other services if— 
"(i) the services are procured for support of an 
item referred to in subparagraph (A), (B), (C), or (D), 
regardless of whether such services are provided by 
the same source or at the same time as the item; 
and 
"(ii) the source of the services provides similar 
services contemporaneously to the general public under 
terms and conditions similar to those offered to the 
Federal Government.". 
SEC. 806. USE OF SPECIAL SIMPLIFIED PROCEDURES FOR PUR-
CHASES OF COMMERCIAL ITEMS IN EXCESS OF THE SIM-
PLIFIED ACQUISITION THRESHOLD. 
(a) EXTENSION OF AUTHORITY.—Section 4202(e) of the Clinger-
Cohen Act of 1996 (divisions D and E of Public Law 104-106; 
110 Stat. 654; 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". 
(b) GAO REPORT.—Not later than March 1, 2001, the Comp-
troller General shall submit to Congress an evaluation of the test 
program authorized by the provisions in section 4202 of the Clinger-
Cohen Act of 1996, together with any recommendations that the 
Comptroller General considers appropriate regarding the test pro-
gram or the use of special simplified procedures for purchases 
of commercial items in excess of the simplified acquisition threshold. 
SEC. 807. 
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 repealed. 
SEC. 808. CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES 
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION. 
Subsection (k) of section 2323 of title 10, United States Code, 
is amended by striking "2000" both places it appears and inserting 
"2003". 
SEC. 809. REQUIRED REPORTS FOR 
CERTAIN MULTIYEAR CON-
TRACTS. 
Section 2306b(l) of title 10, United States Code, is amended— 
Federal Register, 
publication. 
Deadline. 
10 u s e 2304 
note. 
113 STAT. 706 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) by redesignating paragraphs (4), (5), (6), emd (7) as 
paragraphs (5), (6), (7), and (8), respectively; 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
"(4) The head of an agency may not enter into a multiyear 
contract (or extend an existing multiyear contract) until the Sec-
retary of Defense submits to the congressional defense committees 
a report with respect to that contract (or contract extension) that 
provides the following information, shown for each year in the 
current future-years defense program and in the aggregate over 
the period of the current future-years defense program: 
"(A) The amount of total obligational authority under the 
contract (or contract extension) and the percentage that such 
amount represents of— 
"(i) the applicable procurement account; and 
"(ii) the agency procurement total. 
"(B) The amount of total obligational authority under all 
multiyear procurements of the agency concerned (determined 
without regard to the amount of the multiyear contract (or 
contract extension)) under multiyear contracts in effect imme-
diately before the contract (or contract extension) is entered 
into and the percentage that such amount represents of— 
"(i) the applicable procurement account; and 
"(ii) the agency procurement total. 
"(C) The amount equal to the sum of the amounts under 
subparagraphs (A) and (B), and the percentage that such 
amount represents of— 
"(i) the applicable procurement accoimt; and 
"(ii) the agency procurement total. 
"(D) The amount of total obligational authority under all 
Department of Defense multiyear procurements (determined 
without regard to the amount of the multiyear contract (or 
contract extension)), including any multiyear contract (or con-
tract extension) that has been authorized by the Congress 
but not yet entered into, and the percentage that such amoimt 
represents of the procurement accounts of the Department of 
Defense treated in the aggregate."; and 
(3) by adding at the end the following new paragraph: 
"(9) In this subsection: 
"(A) The term 'applicable procurement account' means, with 
respect to a multiyear procurement contract (or contract exten-
sion), the appropriation account from which payments to exe-
cute the contract will be made. 
"(B) The term 'agency procurement total' means the 
procurement accounts of the agency entering into a multiyear 
procurement contract (or contract extension) treated in the 
aggregate.". 
Subtitle B—Other Matters 
SEC. 811. MENTOR-PROTEGE PROGRAM IMPROVEMENTS. 
(a) PROGRAM PARTICIPATION TERM.—Subsection (e)(2) of section 
831 of the National Defense Authorization Act for Fiscal Year 
1991 (Pubhc Law 101-510; 10 U.S.C. 2302 note) is amended to 
read as follows: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 707 
"(2) A program participation term for any period of not 
more th£in three years, except that the term may be a period 
of up to five years if the Secretary of Defense determines 
in writing that unusual circumstances justify a program partici-
pation term in excess of three years.". 
(b) INCENTIVES AUTHORIZED FOR MENTOR FIRMS.—Subsection 
(g) of such section is amended— 
(1) in paragraph (1), by striking "shall" and inserting "may"; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking "shall" and inserting "may"; 
(ii) by striking "subsection (f)" and all that follows 
through "(i) as a line item" and inserting "subsection 
(f) as provided for in a line item"; 
(iii) by striking the semicolon preceding clause (ii) 
and inserting ", except that this sentence does not 
apply in a case in which the Secretary of Defense 
determines in writing that unusual circumstances jus-
tify reimbursement using a separate contract."; and 
(iv) by striking clauses (ii), (iii), and (iv); and 
(B) by striking subparagraph (B) and inserting the 
following: 
"(B) The determinations made in annual performance reviews 
of a mentor firm's mentor-protege agreement under subsection (1)(2) 
shall be a major factor in the determinations of amounts of 
reimbursement, if any, that the mentor firm is eligible to receive 
in the remaining years of the program participation term under 
the agreement. 
"(C) The total amount reimbursed under this paragraph to 
a mentor firm for costs of assistance furnished in a fiscal year 
to a protege firm may not exceed $1,000,000, except in a case 
in which the Secretary of Defense determines in writing that 
unusual circumstances justify a reimbursement of a higher 
amount."; and 
(3) in paragraph (3)(A), by striking "either subparagraph 
(A) or (C) of paragraph (2) or are reimbursed pursuant to 
subparagraph (B) of such paragraph" and inserting "paragraph 
(2)". 
(c) THREE-YEAR EXTENSION OF AUTHORITY.—Subsection (j) of 
such section is amended to read as follows: 
"(j) EXPIRATION OF AUTHORITY.—(1) No mentor-protege agree-
ment may be entered into under subsection (e) after September 
30, 2002. 
"(2) No reimbursement may be paid, and no credit toward 
the attainment of a subcontracting goal may be granted, under 
subsection (g) for any cost incurred after September 30, 2005.". 
(d) REPORTS AND REVIEWS.—(1) Subsection (1) of such section 
is amended to read as follows: 
"(1) REPORTS AND REVIEWS.—(1) The mentor firm and protege 
firm under a mentor-protege agreement shall submit to the Sec-
retary of Defense an annual report on the progress made by the 
protege firm in employment, revenues, and participation in Depart-
ment of Defense contracts during the fiscal year covered by the 
report. The requirement for submission of an annual report applies 
with respect to each fiscal year covered by the program participation 
term under the agreement and each of the two fiscal years following 
113 STAT. 708 
PUBLIC LAW 106-65—OCT. 5, 1999 
the expiration of the program participation term. The Secretary 
shall prescribe the timing and form of the einnual report. 
"(2)(A) The Secretary shall conduct an annual performance 
review of each mentor-protege agreement that provides for 
reimbursement of costs. The Secretary shall determine on the basis 
of the review whether— 
"(i) all costs reimbursed to the mentor firm under the 
agreement were reasonably incurred to furnish assistance to 
the protege firm in accordance with the requirements of this 
section and applicable regulations; and 
"(ii) the mentor firm and protege firm accurately reported 
progress made by the protege firm in employment, revenues, 
and participation in Department of Defense contracts during 
the program participation term covered by the mentor-protege 
agreement and the two fiscal years following the expiration 
of the program participation term. 
"(B) ITtie Secretary shall act through the Commander of the 
Defense Contract Management Command in carrying out the 
reviews and making the determinations under subparagraph (A). 
"(3) Not later than 6 months after the end of each of fiscal 
years 2000 through 2004, the Secretary of Defense shall submit 
to Congress an annual report on the Mentor-Protege Program for 
that fiscal year. 
"(4) The annual report for a fiscal year shall include, at a 
minimum, the following: 
"(A) The number of mentor-protege agreements that were 
entered into during the fiscal year. 
"(B) The number of mentor-protege agreements that were 
in effect during the fiscal year. 
"(C) The total amount reimbursed to mentor firms pursuant 
to subsection (g) during the fiscal year. 
"(D) Each mentor-protege agreement, if any, that was 
approved during the fiscal year in accordance with subsection 
(e)(2) to provide a program participation term in excess of 
3 years, together with the justification for the approval. 
"(E) Each reimbursement of a mentor firm in excess of 
the limitation in subsection (g)(2)(C) that was made during 
the fiscal year pursuant to an approval granted in accordance 
with that subsection, together with the justification for the 
approval. 
"(F) Trends in the progress made in employment, revenues, 
and participation in Department of Defense contracts by the 
protege firms participating in the program during the fiscal 
year and the protege firms that completed or otherwise termi-
nated participation in the program during the preceding two 
fiscal years.". 
10 use 2302 
(2)(A) The Secretary of Defense shall conduct a review of the 
note. 
Mentor-Protege Program established in section 831 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 10 U.S.C. 2302 note) to assess the feasibility of transitioning 
such program to operation without a specific appropriation or 
authority to provide reimbursement to a mentor firm as provided 
in subsection (g) of such section (as amended by subsection (b)). 
(B) Inxonducting the review under subparagraph (A), the Sec-
retary shall assess possible additional incentives that may be 
extended to mentor firms to ensure adequate support and participa-
tion in the Mentor-Protege Program, including increasing the level 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 709 
of credit in lieu of subcontract awards presently extended to mentor 
firms for purposes of determining whether mentor firms attain 
subcontracting participation goals applicable under Department of 
Defense contracts. 
(C) Not later than September 30, 2000, the Secretary shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives— 
(i) a report on the results of the review conducted under 
this paragraph; and 
(ii) any recommendations of the Secretary for legislative 
action. 
(3)(A) The Comptroller General shall conduct a study on the 
implementation of the Mentor-Protege Program established in sec-
tion 831 of the National Defense Authorization Act for Fiscal Year 
1991 (Pubhc Law 101-510; 10 U.S.C. 2302 note) and the extent 
to which the program is achieving the purposes established in 
that section in a cost-effective manner. 
(B) The study shall include the following: 
(i) A review of the manner in which funds for the Mentor-
Protege Program have been obligated. 
(ii) An identification and assessment of the average amount 
spent by the Department of Defense on individual mentor-
protege agreements, and the correlation between levels of 
funding and business development of protege firms. 
(iii) An evaluation of the effectiveness of the incentives 
provided to mentor firms to participate in the Mentor-Protege 
Program and whether reimbursements remain a cost-effective 
and viable incentive. 
(iv) An assessment of the success of the Mentor-Protege 
Program in enhancing the business competitiveness and finan-
cial independence of protege firms. 
(v) A review of the relationship between the results of 
the Mentor-Protegee Program and the objectives established 
in section 2323 of title 10, United States Code. 
(C) Not later than January 1, 2002, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the results of the study. 
(e) REPEAL OF LIMITATION ON AVAILABILITY OF FUNDING.— 
Subsection (n) of section 831 of such Act is repealed. 
(f) EFFECTIVE DATE AND SAVINGS PROVISION.—(1) The amend-
ments made by this section shall take effect on October 1, 1999, 
and shall apply with respect to mentor-protege agreements that 
are entered into under section 831(e) of the National Defense 
Authorization Act for Fiscal Year 1991 on or after that date. 
(2) Section 831 of the National Defense Authorization Act for 
Fiscal Year 1991, as in effect on September 30, 1999, shall continue 
to apply with respect to mentor-protege agreements entered into 
before October 1,1999. 
SEC. 812. PROGRAM 
TO 
INCREASE 
BUSINESS 
INNOVATION 
IN 
DEFENSE ACQUISITION PROGRAMS. 
(a) REQUIREMENT TO DEVELOP PLAN.—Not later than March 
1, 2000, the Secretary of Defense shall publish in the Federal 
Register for public comment a plan to provide for increased innova-
tive technology for acquisition programs of the Department of 
Defense from commercial private sector entities, including small-
business concerns. 
Deadline. 
10 u s e 2302 
note. 
Reports. 
Deadline. 
10 u s e 2302 
note. 
10 u s e 2302 
note. 
Deadlines. 
Federal Register, 
publication. 
10 u s e 2302 
note. 
113 STAT. 710 
PUBLIC LAW 106-65—OCT. 5, 1999 
10 use 2302 
(b) IMPLEMENTATION OF PLAN.—Not later than March 1, 2001, 
note. 
the Secretary of Defense shall implement the plan required by 
subsection (a), subject to any modifications the Secretary may 
choose to make in response to comments received. 
10 use 2302 
(c) ELEMENTS OF PLAN.—The plan required by subsection (a) 
note. 
shall include, at a minimum, the following elements: 
(1) Procedures through which commercial private sector 
entities, including small-business concerns, may submit pro-
posals recommending cost-saving and innovative ideas to 
acquisition program managers. 
(2) A review process designed to make recommendations 
on the merit and viability of the proposals submitted under 
paragraph (1) at appropriate times during the acquisition cycle. 
(3) Measures to limit potential disruptions to existing con-
tracts and programs fi"om proposals accepted and incorporated 
into acquisition programs of the Department of Defense. 
(4) Measures to ensure that research and development 
efforts of small-business concerns are considered as early as 
possible in a program's acquisition planning process to 
accommodate potential technology insertion without disruption 
to existing contracts and programs. 
(d) REQUIREMENT FOR REPORT.—Not later than March 1, 2000, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the status of the Small Business Innovation 
Research program rapid transition plan required by section 818 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (PubHc Law 105-261; 112 Stat. 2089). The report 
shall include the following: 
(1) The status of the implementation of each of the provi-
sions of the pl£in. 
(2) For any provision of the plan that has not been fully 
implemented as of the date of the report— 
(A) the reasons that the provision has not been fully 
implemented; and 
(B) a schedule, including specific milestones, for the 
implementation of the provision. 
1
0 use 2302 
(e) SMALL-BUSINESS CONCERN DEFINED.—In this section, the 
note. 
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.). 
SEC. 813. INCENTIVES TO PRODUCE 
INNOVATIVE 
NEW TECH-
NOLOGIES. 
(a) REVIEW OF GUIDELINES.—The Secretary of Defense shall 
review the profit guidelines established in the Department of 
Defense Supplement to the Federal Acquisition Regulation to con-
sider whether appropriate modifications, such as placing increased 
emphasis on technical risk as a factor for determining appropriate 
profit margins, would provide an increased profit incentive for con-
tractors to develop £uid produce complex and innovative new tech-
nologies. 
Deadline. 
(b) CHANGES TO GUIDELINES; REPORT.—Not later than 180 days 
afl;er the date of the enactment of this Act, the Secretary shall— 
(1) make any changes to the profit guidelines that the 
Secretary determines to be necessary; and 
(2) report to Congress on the results of the review conducted 
under subsection (a) and on any chsinges to the profit guidelines 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 711 
that the Secretary determines to be necessary pursuant to 
paragraph (1). 
SEC. 814. PILOT PROGRAM FOR COMMERCIAL SERVICES. 
(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry 
out a pilot program to treat procurements of commercial services 
as procurements of commercial items. 
(b) DESIGNATION OF PILOT PROGRAM CATEGORIES.—The Sec-
retary of Defense may designate the following categories of services 
as commercial services covered by the pilot program: 
(1) Utilities and housekeeping services. 
(2) Education and training services. 
(3) Medical services. 
(c) TREATMENT AS COMMERCIAL ITEMS.—A Department of 
Defense contract for the procurement of commercial services des-
ignated by the Secretary for the pilot program shall be treated 
as a contract for the procurement of commercial items, as defined 
in section 4(12) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403(12)), if the source of the services provides similar 
services contemporaneously to the general public under terms and 
conditions similar to those offered to the Federal Government. 
(d) GUIDANCE.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall issue guidance to procure-
ment officials on contracting for commercial services under the 
pilot program. The guidance shall place particular emphasis on 
ensuring that negotiated prices for designated services, including 
prices negotiated without competition, are fair and reasonable. 
(e) UNIFIED MANAGEMENT OF PROCUREMENTS.—The Secretary 
of Defense shall develop and implement procedures to ensure that, 
whenever appropriate, a single item manager or contracting officer 
is responsible for entering into all contracts from a single contractor 
for commercial services under the pilot program. 
(f) DURATION OF PILOT PROGRAM.—(1) The pilot program shall 
begin on the date that the Secretary issues the guidance required 
by subsection (d) and may continue for a period, not in excess 
of five years, that the Secretary shall establish. 
(2) The pilot program shall cover Department of Defense con-
tracts for the procurement of commercial services designated by 
the Secretary under subsection (b) that are awarded or modified 
during the period of the pilot program, regardless of whether the 
contracts are performed during the period. 
(g) REPORT TO CONGRESS.—(1) The Secretary shall submit to 
Congress a report on the impact of the pilot program on— 
(A) prices paid by the Federal Government under contracts 
for commercial services covered by the pilot program; 
(B) the quality and timeliness of the services provided 
under such contracts; and 
(C) the extent of competition for such contracts. 
(2) The Secretary shall submit the report— 
(A) not later than 90 days after the end of the third 
fiill fiscal year for which the pilot program is in effect; or 
(B) if the period established for the pilot program under 
subsection (f)(1) does not cover three full fiscal years, not later 
than 90 days after the end of the designated period. 
(h) PRICE TREND ANALYSIS.—The Secretary of Defense shall 
apply the procedures developed pursuant to section 803(c) of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
10 u s e 2461 
note. 
Deadline. 
Deadline. 
113 STAT. 712 
PUBLIC LAW 106-65—OCT. 5, 1999 
Year 1999 (Public Law 105-261; 112 Stat. 2081; 10 U.S.C. 2306a 
note) to collect and analyze information on price trends for all 
services covered by the pilot program and for the services in such 
categories of services not covered by the pilot program to which 
the Secretary considers it appropriate to apply those procedures. 
SEC. 815. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE 
CERTAIN PROCUREMENTS FROM SMALL ARMS PRODUC-
TION INDUSTRIAL BASE. 
10 use 2473 
(a) M-2 AND M-60 MACHINE GUNS.—In fulfilling the require-
note. 
ment under subsection (e) of section 809 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 2086; 10 U.S.C. 2473 note), if the Secretary 
of the Army determines that it is necessary to protect the small 
arms production industrial base, the Secretary shall exercise the 
authority under subsection (f) of such section with regard to M -
2 and M-60 machine guns. 
(b) COVERED PROPERTY AND SERVICES.—Section 2473(b) of title 
10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking "Repair" and inserting "Critical repair"; 
(B) by striking "including repair parts"; and 
(C) by inserting "only" after "consisting^'; and 
(2) in paragraph (2), by adding "such" after "Modifications 
of. 
SEC. 816. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES 
OF EQUIPMENT AND PRODUCTS. 
(a) SENSE OF CONGRESS REGARDING PURCHASE BY THE DEPART-
MENT OF DEFENSE OF EQUIPMENT AND PRODUCTS.—It is the sense 
of Congress that any entity of the Department of Defense, in 
expending funds authorized by this Act for the purchase of equip-
ment or products, should fully comply with the Buy American 
Act (41 U.S.C. 10a et seq.) and section 2533 of title 10, United 
States Code. 
iousc24iof 
(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE 
note. 
OF "MADE IN AMERICA" LABELS.—If the Secretary of Defense deter-
mines that a person has been convicted of intentionally affixing 
a label bearing a "Made in America" inscription, or another inscrip-
tion with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
Secretary shall determine, in accordance with section 2410f of title 
10, United States Code, whether the person should be debarred 
from contracting with the Department of Defense. 
SEC. 817. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COM-
PREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS. 
Section 834(e) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (PubHc Law 101-189; 15 U.S.C. 637 
note) is amended by striking "September 30, 2000" and inserting 
"September 30, 2005". 
SEC. 818. EXTENSION OF INTERIM REPORTING RULE FOR CERTAIN 
PROCUREMENTS LESS THAN $100,000. 
Section 31(e) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 427(e)) is amended by striking "October 1, 1999" and 
inserting "October 1, 2004". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 713 
SEC. 819. INSPECTOR GENERAL REVIEW OF COMPLIANCE WITH BUY 
AMERICAN ACT IN PURCHASES OF STRENGTH TRAINING 
EQUIPMENT. 
(a) REVIEW REQUIRED.—The Inspector General of the Depart-
ment of Defense shall conduct a review to determine the extent 
to which the purchases described in subsection (b) are being made 
in compliance with the Buy American Act (41 U.S.C. 10a et seq.). 
(b) PURCHASES COVERED.—The review shall cover purchases, 
made during the review period, of free weights and other exercise 
equipment for use in strength training by members of the Armed 
Forces stationed at defense installations located in the United 
States (including its territories and possessions). For purposes of 
the preceding sentence, the review period is the period beginning 
on April 1, 1998, and ending on March 31, 2000. Purchases not 
in excess of the micro-purchase threshold shall be excluded from 
the review. 
(c) REPORT.—Not later than December 31, 2000, the Secretary Deadline. 
of Defense shall submit to Congress a report on the results of 
the review. 
(d) DEFINITIONS.—In this section: 
(1) The term "free weights" means dumbbells or solid 
metallic disks balanced on crossbars, designed to be lifted for 
strength training or athletic competition. 
(2) The term "micro-purchase threshold" means the amount 
specified in section 32(f) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 428(f)). 
SEC. 820. REPORT ON OPTIONS FOR ACCELERATED ACQUISITION OF 
PRECISION MUNITIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) Current Department of Defense inventories of many 
types of precision munitions do not meet the requirements 
for such munitions under the National Military Strategy that 
the Department of Defense have the capability to conduct two 
nearly simultaneous Major Theater Wars, and with respect 
to some types of precision munitions, those requirements will 
not be met even after planned acquisitions are complete. 
(2) Production lines for certain t5^es of critical precision 
munitions have been shut down, and the start-up production 
of replacement precision munitions leaves a critical gap in 
acquisition of follow-on precision munitions. 
(3) Shortages of conventional air-launched cruise missiles 
during Operation Allied Force (conducted against the Federal 
Republic of Yugoslavia in the spring of 1999) and the necessity 
to replenish inventories of land-attack Tomahawk cruise mis-
siles following that operation indicate the critical need to main-
tsdn sufficient inventories of precision munitions. 
(b) REPORT.—Not later than February 15, 2000, the Secretary Deadline, 
of Defense shall submit to the congressional defense committees 
a report on the requirements of the Department of Defense for 
precision munitions under the National Military Strategy that the 
Department of Defense have the capability to conduct two nearly 
simultaneous Major Theater Wars. The report shall include the 
following: 
(1) The effect of recent conflicts on the shift to precision 
munitions of targets previously allocated to nonprecision muni-
tions in the inventory requirements process. 
69-194 - 01 - 24 :QL 3 Parti 
113 STAT. 714 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) The required inventories of precision miinitions, by 
type, including existing or planned munitions or such munitions 
with appropriate upgrades, to meet the requirement that the 
Department of Defense have the capability to conduct two 
nearly simultaneous Major Theater Wars. 
(3) Current inventories of those precision munitions. 
(4) The year when required inventories for each of those 
t3^es of precision munitions will be achieved within the acquisi-
tion plans set forth in the budget of the President for fiscal 
year 2001. 
(5) The year those inventories would be achieved within 
existing or planned production capacity if produced at— 
(A) the minimum sustained production rate; 
(B) the most economic production rate; and 
(C) the maximum production rate. 
(6) The required level of funding to support production 
for each of those t5T)es of munitions at each of the production 
rates specified in paragraph (5), compared to the funding pro-
grammed for each type of munition in the future-years defense 
program using the acquisition plans specified in paragraph 
(4). 
(7) With respect to each existing or planned munitions 
for which the inventory is not expected to meet the two Major 
Theater War requirement by October 1, 2005, the Secretary's 
assessment of the risk associated with not having met such 
requirement by that date. 
SEC. 821. TECHNICAL AMENDMENT TO PROHIBITION ON RELEASE OF 
CONTRACTOR 
PROPOSALS UNDER THE FREEDOM 
OF 
INFORMATION ACT. 
Section 2305(g) of title 10, United States Code, is amended 
in paragraph (1) by striking "the Department of IDefense" and 
inserting "an agency named in section 2303 of this title". 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—^Department of Defense Strategic Planning 
Sec. 901. Permanent requirement for Quadrennial Defense Review. 
Sec. 902. Minimum interval for updating and revising Department of Defense stra-
tegic plan. 
Subtitle B—^Department of Defense Organization 
Sec. 911. Responsibility for logistics and sustainment functions of the Department 
of Defense. 
Sec. 912. Enhancement of technology security program of Department of Defense. 
Sec. 913. Efficient utilization of defense laboratories. 
Sec. 914. Center for the Study of Chinese Military Affairs. 
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security Studies of 
foreign gifts and donations. 
Subtitle C—^Personnel Management 
Sec. 921. Revisions to limitations on number of personnel assigned to major De-
partment of Defense headquarters activities. 
Sec. 922. Defense acquisition workforce reductions. 
Sec. 923. Monitoring and reporting requirements regarding operations tempo and 
personnel tempo. 
Sec. 924. Administration of defense reform initiative enterprise program for mili-
tary manpower and personnel information. 
Sec. 925. Payment of tuition for education and training of members in defense ac-
quisition workforce. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 715 
Subtitle D—Other Matters 
Sec. 931. Additional matters for annual reports on joint warfighting experimen-
tation. 
Sec. 932. Oversight of Department of Defense activities to combat terrorism. 
Sec. 933. Responsibilities and accountability for certain financial management 
functions. 
Sec. 934. Management of Civil Air Patrol. 
Subtitle A—Department of Defense 
Strategic Planning 
SEC. 901. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE 
REVIEW. 
(a) REVIEW REQUIRED.—(1) Chapter 2 of title 10, United States 
Code, is amended by inserting after section 117 the following new 
section: 
*
*
§ 118. Quadrennial defense review 
"(a) REVIEW REQUIRED.—The Secretary of Defense shall every 
four years, during a year following a year evenly divisible by four, 
conduct a comprehensive examination (to be known as a 'quadren-
nial defense review') of the national defense strategy, force struc-
ture, force modernization plans, infrastructure, budget plan, and 
other elements of the defense program and policies of the United 
States with a view toward determining and expressing the defense 
strategy of the United States and establishing a defense program 
for the next 20 years. Each such quadrennial defense review shall 
be conducted in consultation with the Chairman of the Joint Chiefs 
of Staff. 
"(b) CONDUCT OF REVIEW.—Each quadrennial defense review 
shall be conducted so as— 
"(1) to delineate a national defense strategy consistent with 
the most recent National Security Strategy prescribed by the 
President pursuant to section 108 of the National Security 
Act of 1947 (50 U.S.C. 404a); 
"(2) to define sufficient force structure, force modernization 
plans, infrastructure, budget plan, and other elements of the 
defense program of the United States associated with that 
national defense strategy that would be required to execute 
successfully the fiiU range of missions called for in that national 
defense strategy; and 
"(3) to identify (A) the budget plan that would be required 
to provide sufficient resources to execute successfully the full 
range of missions csQled for in that national defense strategy 
at a low-to-moderate level of risk, and (B) any additional 
resources (beyond those programmed in the current future-
years defense program) required to achieve such a level of 
risk. 
"(c) ASSESSMENT OF RISK.—The assessment of risk for the pur-
poses of subsection (b) shall be undertaken by the Secretary of 
Defense in consultation with the Chairman of the Joint Chiefs 
of Staff. That assessment shall define the nature and magnitude 
of the political, strategic, and military risks associated with exe-
cuting the missions called for under the national defense strategy. 
"(d) SUBMISSION OF Q D R TO CONGRESSIONAL COMMITTEES.— 
The Secretary shall submit a report on each quadrennial defense 
review to the Committees on Armed Services of the Senate and 
113 STAT. 716 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
the House of Representatives. The report shall be submitted not 
later than September 30 of the year in which the review is con-
ducted. The report shall include the following: 
"(1) The results of the review, including a comprehensive 
discussion of the national defense strategy of the United States 
and the force structure best suited to implement that strategy 
at a low-to-moderate level of risk. 
"(2) The assumed or defined national security interests 
of the United States that inform the national defense strategy 
defined in the review. 
"(3) The threats to the assumed or defined national security 
interests of the United States that were examined for the 
purposes of the review and the scenarios developed in the 
examination of those threats. 
"(4) The assumptions used in the review, including assump-
tions relating to— 
"(A) the status of readiness of United States forces; 
"(B) the cooperation of allies, mission-sharing and addi-
tional benefits to and burdens on United States forces 
resulting from coalition operations; 
"(C) warning times; 
"(D) levels of engagement in operations other than 
war and smaller-scale contingencies and withdrawal from 
such operations and contingencies; and 
"(E) the intensity, duration, and military and political 
end-states of conflicts and smaller-scale contingencies. 
"(5) The effect on the force structure and on readiness 
for high-intensity combat of preparations for and participation 
in operations other than war and smaller-scale contingencies. 
"(6) The manpower and sustainment policies required 
under the national defense strategy to support engagement 
in conflicts lasting longer than 120 days. 
"(7) The anticipated roles and missions of the reserve 
components in the national defense strategy and the strength, 
capabilities, and equipment necessary to assure that the reserve 
components can capably discharge those roles and missions. 
"(8) The appropriate ratio of combat forces to support forces 
(commonly referred to as the 'tooth-to-tail' ratio) under the 
national defense strategy, including, in particular, the appro-
priate number and size of headquarters units and Defense 
Agencies for that purpose. 
"(9) The strategic and tactical air-lift, sea-lift, and ground 
transportation capabilities required to support the national 
defense strategy. 
"(10) The forward presence, pre-positioning, £ind other 
anticipatory deployments necessary under the national defense 
strategy for conflict deterrence and adequate military response 
to anticipated conflicts. 
"(11) The extent to which resources must be shifted among 
two or more theaters under the national defense strategy in 
the event of conflict in such theaters. 
"(12) The advisability of revisions to the Unified Command 
Plan as a result of the national defense strategy. 
"(13) The effect on force structure of the use by the armed 
forces of technologies anticipated to be available for the ensuing 
20 years. 
"(14) Any other matter the Secretary considers appropriate. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 717 
"(e) CJCS REVIEW.—Upon the completion of each review under 
subsection (a), the Chairman of the Joint Chiefs of Staff shall 
prepare and submit to the Secretary of Defense the Chairman's 
assessment of the review, including the Chairman's assessment 
of risk. The Chairman's assessment shall be submitted to the Sec-
retary in time for the inclusion of the assessment in the report. 
The Secretary shall include the Chairman's assessment, together 
with the Secretary's comments, in the report in its entirety.". 
(2) The table of sections at the beginning of chapter 2 of 
such title is amended by inserting after the item relating to section 
117 the following new item: 
"118. Quadrennial defense review.". 
(b) DATE FOR SUBMISSION OF NATIONAL SECURITY STRATEGY.— 
Section 108(a) of the National Security Act of 1947 (50 U.S.C. 
404a(a)) is amended by adding at the end the following new para-
graph: 
"(3) Not later than 150 days after the date on which a new Deadline. 
President takes office, the President shall transmit to Congress 
a national security strategy report under this section. That report 
shall be in addition to the report for that year transmitted at 
the time specified in paragraph (2).". 
(c) SPECIFIED MATTER FOR NEXT QDR.—In the first quadrennial 
lo use 118 note, 
defense review conducted under section 118 of title 10, United 
States Code, as added by subsection (a), the Secretary shall include 
in the technologies considered for the purposes of paragraph (13) 
of subsection (d) of that section the following: precision guided 
munitions, stealth, night vision, digitization, and communications. 
SEC. 902. MINIMUM 
INTERVAL 
FOR 
UPDATING 
AND 
REVISING 
DEPARTMENT OF DEFENSE STRATEGIC PLAN. 
Section 306(b) of title 5, United States Code, is amended by 
striking ", £ind shall be updated and revised at least every three 
years." and inserting a period and the following: "The strategic 
plan shall be updated and revised at least every three years, except 
that the strategic plan for the Department of Defense shall be 
updated and revised at least every four years.". 
Subtitle B—^Department of Defense 
Organization 
SEC. 911. RESPONSIBILrrY FOR LOGISTICS AND SUSTAINMENT FUNC-
TIONS OF THE DEPARTMENT OF DEFENSE. 
(a) UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND TECH- lo use i33 note. 
NOLOGY.—(1) The position of Under Secretary of Defense for Acquisi-
tion and Technology in the Department of Defense is hereby 
redesignated as the Under Secretary of Defense for Acquisition, 
Technology, and Logistics. Any reference in any law, regulation, 
document, or other record of the United States to the Under Sec-
retary of Defense for Acquisition and Technology shall be treated 
as referring to the Under Secreteiry of Defense for Acquisition, 
Technology, and Logistics. 
(2) Section 133 of title 10, United States Code, is amended— 
(A) in subsections (a), (b), and (e)(1), by striking "Under 
Secretary of Defense for Acquisition and Technology" and 
113 STAT. 718 
PUBLIC LAW 106-65—OCT. 5, 1999 
inserting "Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics"; and 
(B) in subsection (b)— 
(i) by striking "logistics," in paragraph (2); 
(ii) by redesignating paragraphs (3) and (4) as para-
graphs (4) and (5), respectively; and 
(iii) by inserting after paragraph (2) the following new 
paragraph (3): 
"(3) establishing policies for logistics, maintenance, and 
sustainment support for all elements of the Department of 
Defense;". 
(b) NEW DEPUTY UNDER SECRETARY FOR LOGISTICS AND MATE-
RIEL 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 Logistics and 
Materiel Readiness 
"(a) There is a Deputy Under Secretary of Defense for Logistics 
and Materiel Readiness, appointed from civiligin life by the Presi-
dent, by and with the advice and consent of the Senate. The Deputy 
Under Secretary shall be appointed 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 adviser 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 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 logistics, mainte-
nance, materiel readiness, and sustainment support in the 
Department of Defense; 
"(2) advising and assisting the Secretary of Defense, the 
Deputy Secretary of Defense, and the Under Secretary of 
Defense for Acquisition, Technology, and Logistics 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 Logistics and Mate-
riel Readiness.". 
(c) REVISIONS TO. LAW PROVIDING FOR DEPUTY UNDER SEC-
RETARY FOR ACQUISITION AND TECHNOLOGY.—Section 133a(b) of 
title 10, United States Code, is amended— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 719 
(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 Acquisi-
tion 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, Tech-
nology, and Logistics*'. 
(3) The table of sections at the beginning of the chapter 
is amended— 
(A) by striking the item relating to section 133 Eind 
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.". 
(e) ADDITIONAL CONFORMING AMENDMENTS.—Section 5313 
of 
title 5, United States Code, is amended by striking "Under Secretary 
of Defense for Acquisition and Technology" and inserting "Under 
Secretary of Defense for Acquisition, Technology, and Logistic^". 
SEC. 912. 
ENHANCEMENT 
OF 
TECHNOLOGY 
SECURITY 
PROGRAM 
OF 
DEPARTMENT 
OF 
DEFENSE. 
(a) SPECIFICATION OF TECHNOLOGY SECURITY DIRECTORATE.— 
For purposes of this section, a reference to the Technology Security 
Directorate is a reference to the element within the Defense Threat 
Reduction Agency of the Department of Defense having responsi-
bility for technology security matters (known as of the date of 
the enactment of this Act as the Technology Security Directorate). 
(b) FUNCTIONS.—The head of the Technology Security Direc-
torate shall have authority to advise the Secretary of Defense 
and the Deputy Secretary of Defense, through the Under Secretary 
of Defense for Policy, on policy issues related to the transfer of 
strategically sensitive technology, including issues relating to the 
following: 
(1) Strategic trade. 
(2) Defense cooperative programs. 
(3) Science and technology agreements and exchanges. 
(4) Export of munitions items. 
(5) International memorandums of understanding. 
(6) Foreign acquisitions. 
(c) RESOURCES FOR TECHNOLOGY SECURITY DIRECTORATE.—The 
Secretary of Defense shall ensure that the head of the Technology 
Security Directorate has appropriate personnel and fiscal resources 
available, and receives all necessary support, to carry out the mis-
sions of the Directorate efficiently and effectively. 
113 STAT. 720 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
Deadlines. 
Deadline. 
10 u s e 2364 
note. 
(d) APPROVAL AUTHORITY OF UNDER SECRETARY FOR POLICY.— 
Staff and resources of the Technology Security Directorate may 
not be used to fulfill any requirement or activity of the Defense 
Threat Reduction Agency that does not directly relate to the tech-
nology security and export control missions of the Technology Secu-
rity Directorate except with the prior approval of the Under Sec-
retary of Defense for Policy. 
(e) REPORT ON EXPORT CONTROL RESOURCES.—Not later than 
March 1, 2000, the Secretary of Defense shall submit to the congres-
sional defense committees a report setting forth the personnel and 
budget resources of the Technology Security Directorate as of 
October 1, 1998, and as of September 30, 1999, as well as any 
planned increases in those resources for fiscal years 2000 and 
2001. The report shall include the following: 
(1) Numbers of personnel, measured in full-time equiva-
lents. 
(2) Number of license applications reviewed. 
(3) The budget of the Technology Security Directorate. 
(4) The number of personnel during the preceding fiscal 
year assigned to the Technology Security Directorate who were 
assigned during that year to assist in activities of the Defense 
Threat Reduction Agency unrelated to technology security or 
export control issues, together with an explanation of the effect 
of any such assignment on the Directorate's ability to fulfill 
its mission. 
SEC. 913. EFFICIENT UTILIZATION OF DEFENSE LABORATORIES. 
(a) ANALYSIS BY INDEPENDENT PANEL.—(1) Not later than 45 
days after the date of the enactment of this Act, the Secretary 
of Defense shall convene a panel of independent experts under 
the auspices of the Defense Science Board to conduct an analysis 
of the resources and capabilities of all of the laboratories and 
test and evaluation facilities of the Department of Defense, 
including those of the military departments. In conducting the 
analysis, the panel shall identify opportunities to achieve efficiency 
and reduce duplication of efforts by consolidating responsibilities 
by area or function or by designating lead agencies or executive 
agents in cases considered appropriate. The panel shall report its 
findings to the Secretary of Defense and to Congress not later 
than August 1, 2000. 
(2) The analysis required by paragraph (1) shall, at a minimum, 
address the capabilities of the laboratories and test and evaluation 
facilities in the areas of air vehicles, armaments, command, control, 
communications, and intelligence, space, directed energy, electronic 
warfare, medicine, corporate laboratories, civil engineering, geo-
physics, and the environment. 
(b) PERFORMANCE REVIEW PROCESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall develop an appropriate performance review process for rating 
the quality and relevance of work performed by the Department 
of Defense laboratories. The process shall include customer evalua-
tion and peer review by Department of Defense personnel and 
appropriate experts from outside the Department of Defense. The 
process shall provide for rating all laboratories of the Army, Navy, 
and Air Force on a consistent basis. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 721 
SEC. 914. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS. 
10 USC 2165 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a Center for the Study of Chinese Military Affairs as part of 
the National Defense University. The Center shall be organized 
under the Institute for National Strategic Studies of the University. 
(b) QUALIFICATIONS OF DIRECTOR.—The Director of the Center 
shall he an individual who is a distinguished scholar of proven 
academic, management, and leadership credentials with a superior 
record of achievement and publication regarding Chinese political, 
strategic, and military affairs. 
(c) MISSION.—The mission of the Center is to study and inform 
policymakers in the Department of Defense, Congress, and through-
out the Government regarding the national goals and strategic 
posture of the People's Republic of China and the ability of that 
nation to develop, field, and deploy an effective military instrument 
in support of its national strategic objectives. The Center shall 
accomplish that mission by a variety of means intended to widely 
disseminate the research findings of the Center. 
(d) STARTUP OF CENTER.—The Secretary of Defense shall estab- Deadlines, 
lish the Center for the Study of Chinese Military Affairs not later 
than March 1, 2000. The first Director of the Center shall be 
appointed not later than June 1, 2000. The Center should be fully 
operational not later than June 1, 2001. 
(e) IMPLEMENTATION REPORT.—(1) Not later than January 1, Deadlines. 
2001, the President of the National Defense University shall submit 
to the Secretary of Defense a report setting forth the President's 
organizational plan for the Center for the Study of Chinese Military 
Affairs, the proposed budget for the Center, and the timetable 
for initial and full operations of the Center. The President of the 
National Defense University shall prepare that report in consulta-
tion with the Director of the Center and the Director of the Institute 
for National Strategic Studies of the University. 
(2) The Secretary of Defense shall transmit the report under 
paragraph (1), together with whatever comments the Secretary 
considers appropriate, to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives not later than February 1, 2001. 
SEC. 915. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER 
FOR SECURITY STUDIES OF FOREIGN GIFTS AND DONA-
TIONS. 
(a) IN GENERAL.—Chapter 155 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§2611. Asia-Pacific Center for Security Studies: acceptance 
of foreign gifts and donations 
"(a) AUTHORITY TO ACCEPT FOREIGN GIFTS AND DONATIONS.— 
(1) Subject to subsection (b), the Secretary of Defense may accept, 
on behalf of the Asia-Pacific Center, foreign gifts or donations 
in order to defray the costs of, or enhance the operation of, the 
Asia-Pacific Center. 
"(2) In this section, the term 'Asia-Pacific Center' means the 
Department of Defense organization within the United States 
Pacific Command known as the Asia-Pacific Center for Security 
Studies. 
113 STAT. 722 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(b) LIMITATION.—The Secretary may not accept a gift or dona-
tion under subsection (a) if the acceptance of the gift or donation 
would compromise or appear to compromise— 
"(1) the abihty of the Department of Defense, any employee 
of the Department, or members of the armed forces to carry 
out any responsibility or duty of the Department in a fair 
and objective manner; or 
"(2) the integrity of any program of the Department of 
Defense or of any person involved in such a program. 
"(c) CRITERIA FOR ACCEPTANCE.—The Secretary shall prescribe 
written guidance setting forth the criteria to be used in determining 
whether the acceptance of a foreign gift or donation would have 
a result described in subsection (b). 
"(d) CREDITING OF FUNDS.—Funds accepted by the Secretary 
under subsection (a) shall be credited to appropriations available 
to the Department of Defense for the Asia-Pacific Center. Funds 
so credited shall be merged with the appropriations to which cred-
ited and shall be available to the Asia-Pacific Center for the same 
purposes and same period as the appropriations with which merged. 
"(e) NOTICE TO CONGRESS.—If the total amoimt of funds 
accepted under subsection (a) in any fiscal year exceeds $2,000,000, 
the Secretary shall notify Congress of the amount of those donations 
for that fiscal year. Any such notice shall list each of the contribu-
tors of such amounts and the amount of each contribution in that 
fiscal year. 
"(f) FOREIGN GIFT OR DONATION DEFINED.—For purposes of 
this section, a foreign gift or donation is a gift or donation of 
funds, materials (including research materials), property, or services 
(including lecture services and faculty services) from a foreign 
government, a foundation or other charitable organization in a 
foreign country, or an individual in a foreign country.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2611. Asia-Pacific Center for Security Studies: acceptance of foreign gifts and dona-
tions.". 
Subtitle C—Personnel Management 
SEC. 921. REVISIONS TO LIMITATIONS ON NUMBER OF PERSONNEL 
ASSIGNED TO MAJOR DEPARTMENT OF DEFENSE HEAD-
QUARTERS ACTIVITIES. 
(a) REVISED LIMITATION.—(1) Section 130a of title 10, United 
States Code, is amended to read as follows: 
*
*
§ 130a. Migor Department of Defense headquarters activi-
ties personnel: limitation 
Deadline. 
"(a) LIMITATION.—Effective October 1, 2002, the number of 
major headquarters activities personnel in the Depsirtment of 
Defense may not exceed 85 percent of the baseline number. 
"(b) PHASED REDUCTION.—The number of major headquarters 
activities personnel in the Department of Defense— 
"(1) as of October 1, 2000, may not exceed 95 percent 
of the baseline number; and 
"(2) as of October 1, 2001, may not exceed 90 percent 
of the baseline number. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 723 
"(c) BASELINE NUMBER.—In this section, the term 'baseUne 
number' means the number of major headquarters activities per-
sonnel in the Department of Defense as of October 1, 1999. 
"(d) MAJOR HEADQUARTERS ACTIVITIES.—(1) For purposes of 
this section, major headquarters activities are those headquarters 
(and the direct support integral to their operation) the primary 
mission of which is to manage or command the programs £ind 
operations of the Department of Defense, the Department of Defense 
components, and their major military units, organizations, or agen-
cies. Such term includes management headquarters, combatant 
headquarters, and direct support. 
"(2) The specific elements of the Department of Defense that 
are major headquarters activities for the purposes of this section 
are those elements identified as Major DoD Headquarters Activities 
in accordance with Department of Defense Directive 5100.73, enti-
tled 'Major Department of Defense Headquarters Activities', issued 
on May 13, 1999. The provisions of that directive applicable to 
identification of any activity as a 'Major DoD Headquarters Activity 
may not be changed except as provided by law. 
"(e) MAJOR HEADQUARTERS ACTIVITIES PERSONNEL.—In this 
section, the term 'major headquarters activities personnel' means 
military and civilian personnel of the Department of Defense who 
are assigned to, or employed in, functions in major headquarters 
activities. 
"(f) LIMITATION ON REASSIGNMENT OF FUNCTIONS.—In carrying 
out reductions in the number of personnel assigned to, or employed 
in, major headquarters activities in order to comply with this sec-
tion, the Secretary of Defense and the Secretaries of the military 
departments may not reassign functions in order to evade the 
requirements of this section.". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 3 of such title is amended to read 
as follows: 
"130a. Major Department of Defense headquarters activities personnel: limitation.". 
(b) REPORT.—Not later than October 1, 2000, the Secretary Deadline, 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report providing— 
(1) the Secretary's assessment of the manner in which 
major headquarters activities are specified in subsection (d) 
of section 130a of title 10, United States Code, as amended 
by subsection (a); 
(2) the baseline number in effect for purposes of that sec-
tion; and 
(3) the effect (if any) of the reductions required by that 
section on the Department's various headquarters activities. 
(c) TECHNICAL AMENDMENTS TO UPDATE LIMITATION ON O S D 
PERSONNEL.—Effective October 1, 1999, section 143 of title 10, Effective date. 
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 
113 STAT. 724 
PUBLIC LAW 106-65—OCT. 5, 1999 
(3) by redesignating subsections (d) emd (e) as subsections 
(b) and (c), respectively. 
SEC. 922. DEFENSE ACQUISITION WORKFORCE REDUCTIONS. 
(a) REDUCTION.—The Secretary of Defense shall implement 
reductions during fiscal year 2000 in the defense acquisition and 
support workforce in a number not less than the number by which 
that workforce is programmed to be reduced during that fiscal 
year in the President's budget for that fiscal year. 
(b) ADMINISTRATIVE FLEXIBILITY.—If the Secretary determines 
and certifies to Congress that changed circumstances require, in 
the national security interest of the United States, that the reduc-
tion under subsection (a) be in a number less than the number 
applicable under that subsection, the Secretary may specify a lower 
number for that reduction, which may not be less than 10 percent 
less than the number applicable under subsection (a). 
Deadline. 
(c) REPORT.—Not later than May 1, 2000, the Secretary shall 
submit to Congress a report on the defense acquisition and support 
workforce. The Secretary shall include in that report— 
(1) the total number of personnel the Secretary expects 
to reduce from the defense acquisition and support workforce 
during fiscal year 2000 pursuant to subsection (a); and 
(2) the total number by which that workforce is pro-
grammed to be reduced for fiscal year 2001 in the President's 
budget for that fiscal year. 
(d) DEFENSE ACQUISITION WORKFORCE DEFINED.—For purposes 
of this section, the term "defense acquisition and support workforce" 
has the meaning given that term in section 931(d) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 2106). 
SEC. 923. MONITORING AND REPORTING REQUIREMENTS REGARDING 
OPERATIONS TEMPO AND PERSONNEL TEMPO. 
(a) RESPONSIBILITY OVER MONITORING AND STANDARDS.—Sec-
tion 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 Readi-
ness 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 Sec-
retary 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 fi'om their 
assigned duty stations (including the length of time units or per-
sonnel may be away for such a deployment) sind shall establish 
uniform reporting systems for tracking deployments.". 
(b) ANNUAL REPORTING REQUIREMENTS.—(1) Chapter 23 of such 
title is amended by adding after section 486, as added by section 
241(a), the following new section: 
*^§487. 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 REQUIREMENTS.—(1) Until such time as the Sec-
retary of Defense develops a common method to measure operations 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 725 
tempo and personnel tempo for the armed forces, the description 
required under subsection (a) shall include the methods by which 
each of the armed forces measures operations tempo and personnel 
tempo. 
"(2) The description shall include the personnel tempo policies 
of each of the armed forces and any changes to these policies 
since the preceding report. 
"(3) The description shall include 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 concerned. 
"(4) The description shall identify the active and reserve compo-
nent units of the armed forces participating at the battalion, 
squadron, or an equivalent level (or a higher level) in contingency 
operations, major training events, and other exercises and contin-
gencies of such a scale that the exercises and contingencies receive 
an official designation, that were conducted during the period cov-
ered by the report and the duration of their participation. 
"(5) For each of the armed forces, the description shall indicate 
the average number of days a member of that armed force was 
deployed 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 available. 
"(6) For each of the armed forces, the description shall indicate 
the number of days that high demand, low density units (as defined 
by the Chairman of the Joint Chiefs of StafD were deployed during 
the period covered by the report, and whether these units met 
the force goals for limiting deployments, as described in the per-
sonnel tempo policies applicable to that armed force. 
"(c) OPERATIONS TEMPO AND PERSONNEL TEMPO DEFINED.— 
Until such time as the Secretary of Defense establishes definitions 
of operations tempo and personnel tempo applicable to all of the 
armed forces, the following definitions shall apply for purposes 
of the preparation of the description required under subsection 
(a): 
"(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 engaged in their official duties, 
including official duties at a location or under circumstances 
that make it infeasible for a member to spend off-duty time 
in the housing in which the member resides when on garrison 
duty at the member's permanent duty station. 
"(d) OTHER DEFINITIONS.—In this section, the term 'armed 
forces' does not include the Coast Guard when it is not operating 
as a service in the Department of the Navy.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 486, as 
added by section 241(a), the following new item: 
"487. Unit operations tempo and personnel tempo: annual report.". 
113 STAT. 726 
PUBLIC LAW 106-65—OCT. 5, 1999 
10 use 113 note. 
SEC. 924. ADMINISTRATION OF DEFENSE REFORM INITIATIVE ENTER-
PRISE PROGRAM FOR MILITARY MANPOWER AND PER-
SONNEL INFORMATION. 
(a) EXECUTIVE AGENT.—The Secretary of Defense may designate 
the Secretary of the Navy as the Department of Defense executive 
agent for carrying out the pilot program described in subsection 
(0. 
(b) IMPLEMENTING OFFICE.—If the Secretary of Defense makes 
the designation referred to in subsection (a), the Secretary of the 
Navy, in carrying out that pilot program, shall act through the 
head of the Systems Executive Office for Manpower and Personnel 
of the Department of the Navy, who shall act in coordination 
with the Under Secretary of Defense for Personnel and Readiness 
and the Chief Information Officer of the Department of Defense. 
(c) PILOT PROGRAM.—The pilot program referred to in sub-
section (a) is the defense reform initiative enterprise pilot program 
for military manpower and personnel information 
established 
pursuant to section 8147 of the Department of Defense Appropria-
tions Act, 1999 (Public Law 105-262; 112 Stat. 2341; 10 U.S.C. 
113 note). 
SEC. 925. PAYMENT OF TUITION FOR EDUCATION AND TRAINING OF 
MEMBERS IN DEFENSE ACQUISITION WORKFORCE. 
(a) AUTHORITY TO EXCEED 75 PERCENT LIMITATION.—Sub-
section (a) of section 1745 of title 10, United States Code, is 
amended to read as follows: 
"(a) TUITION REIMBURSEMENT AND TRAINING.—(1) The Sec-
retary of Defense shall provide for tuition reimbursement and 
training (including a full-time course of study leading to a degree) 
for acquisition personnel in the Department of Defense. 
"(2) For civilian personnel, the reimbursement and training 
shall be provided under section 4107(b) of title 5 for the purposes 
described in that section. For purposes of such section 4107(b), 
there is deemed to be, until September 30, 2001, a shortage of 
qualified personnel to serve in acquisition positions in the Depart-
ment of Defense. 
"(3) In the case of members of the armed forces, the limitation 
in section 2007(a) of this title shall not apply to tuition reimburse-
ment and training provided for under this subsection.". 
10 use 1745 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
note. 
shall apply with respect to charges for tuition or expenses incurred 
after the date of the enactment of this Act. 
Subtitle D—Other Matters 
SEC. 931. ADDITIONAL MATTERS FOR ANNUAL REPORTS ON JOINT 
WARFIGHTING EXPERIMENTATION. 
Section 485(b) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(5) With respect to improving the effectiveness of joint 
warfighting, any recommendations that the commander con-
siders appropriate, based on the results of joint warfighting 
experimentation, regarding— 
"(A) the development, procurement, or fielding of 
advanced technologies, systems, or weapons or systems 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 727 
platforms or other changes in doctrine, operational con-
cepts, organization, training, materiel, leadership, per-
sonnel, or the allocation of resources; 
"(B) the reduction or elimination of redundant equip-
ment and forces, 
including 
guidance 
regarding the 
synchronization of the fielding of advanced technologies 
among the armed forces to enable the development and 
execution of joint operational concepts; 
"(C) recommendations for mission needs statements, 
operational 
requirements, and relative 
priorities for 
acquisition programs to meet joint requirements; and 
"(D) a description of any actions taken by the Secretary 
of Defense to implement the recommendations of the com-
mander.". 
SEC. 932. OVERSIGHT OF DEPARTMENT OF DEFENSE ACTIVITIES TO 
COMBAT TERRORISM. 
(a) REPORT REQUIREMENT.—Not later than December 31, 1999, Deadline, 
the Secretary of Defense shall submit to the congressional defense 
committees a report, in classified and unclassified form, identifying 
all programs and activities of the Department of Defense combating 
terrorism program. The report shall include— 
(1) the definitions used by the Department of Defense 
for all terms relating to combating terrorism, 
including 
"counterterrorism", "anti-terrorism", and "consequence manage-
ment"; and 
(2) the various initiatives and projects being conducted 
by the Department that fall under each of the categories 
referred to in paragraph (1). 
(b) ANNUAL BUDGET INFORMATION.—(1) Chapter 9 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
"§ 229. Programs for combating terrorism: display of budget 
information 
"(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCU-
MENTS.—The Secretary of Defense shall submit to Congress, as 
a part of the documentation that supports the President's annual 
budget for the Department of Defense, a consolidated budget jus-
tification display, in classified and unclassified form, that includes 
all programs and activities of the Department of Defense combating 
terrorism program. 
"(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget display 
under subsection (a) shall include— 
"(1) the amount requested, by appropriation and functional 
area, for each of the program elements, projects, and initiatives 
that support the Department of Defense combating terrorism 
program, with supporting narrative descriptions and rationale 
for the funding levels requested; and 
"(2) a summary, to the program element and project level 
of detail, of estimated expenditures for the current year, funds 
requested for the budget year, and budget estimates through 
the completion of the current future-years defense plan for 
the Department of Defense combating terrorism program. 
"(c) EXPLANATION OF INCONSISTENCIES.—AS part of the budget 
display under subsection (a) for any fiscal year, the Secretary shall 
identify and explain— 
113 STAT. 728 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(1) any inconsistencies between (A) the information sub-
mitted under subsection (b) for that fiscal year, and (B) the 
information provided to the Director of the Office of Manage-
ment and Budget in support of the annual report of the Presi-
dent 
to 
Congress 
on 
funding 
for 
executive 
branch 
counterterrorism and antiterrorism programs and activities for 
that fiscal year in accordance with section 1051(b) of the 
National Defense Authorization Act for Fiscal Year 1998 (31 
U.S.C. 1113 note); and 
"(2) any inconsistencies between (A) the execution, during 
the previous fiscal year and the current fiscal year, of programs 
and activities of the Department of Defense combating ter-
rorism program, and (B) the funding and specification for such 
programs and activities for those fiscal years in the manner 
provided by Congress (both in statutes and in relevant legisla-
tive history). 
"(d) 
SEMIANNUAL REPORTS ON OBLIGATIONS AND EXPENDI-
TURES.—The Secretary shall submit to the congressional defense 
committees a semiannual report on the obligation and expenditure 
of funds for the Department of Defense combating terrorism pro-
gram. Such reports shall be submitted not later than April 15 
each year, with respect to the first half of a fiscal year, and not 
later than November 15 each year, with respect to the second 
half of a fiscal year. Each such report shall compare the amounts 
of those obligations and expenditures to the amounts authorized 
and appropriated for the Department of Defense combating ter-
rorism program for that fiscal year, by budget activity, sub-budget 
activity, and program element or line item. The second report 
for a fiscal year shall show such information for the second half 
of the fiscal year and cumulatively for the whole fiscal year. The 
report shall be submitted in unclassified form, but may have a 
classified annex. 
"(e) DEPARTMENT OF DEFENSE COMBATING TERRORISM PRO-
GRAM.—In this section, the term 'Department of Defense combating 
terrorism program' means the programs, projects, and activities 
of the Department of Defense related to combating terrorism inside 
and outside the United States. 
"(f) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—In this 
section, the term 'congressional defense committees' means— 
"(A) the Committee on Armed Services and the Committee 
on Appropriations of the Senate; and 
"(B) the Committee on Armed Services and the Committee 
on Appropriations of the House of Representatives.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"229. Programs for combating terrorism: display of budget information.". 
SEC. 933. RESPONSIBILITIES AND ACCOUNTABILITY FOR CERTAIN 
FINANCIAL MANAGEMENT FUNCTIONS. 
(a) IN GENERAL.—(1) Chapter 165 of title 10, United States 
Code, is amended by adding at the end the following new sections: 
'*§ 2784. Management of credit cards 
Regulations. 
"(a) MANAGEMENT OF CREDIT CARDS.—The Secretary of 
Defense, acting through the Under Secretary of Defense (Comp-
troller), shall prescribe regulations governing the use and control 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 729 
of all credit cards and convenience checks that are issued to Depart-
ment of Defense personnel for official use. Those regulations shall 
be consistent with regulations 
that 
apply 
Government-wide 
regarding use of credit cards by Government personnel for official 
purposes. 
"(b) REQUIRED SAFEGUARDS AND INTERNAL CONTROLS.—Regula-
tions under subsection (a) shall include safeguards and internal 
controls to ensure the following: 
"(1) That there is a record in the Department of Defense 
of each holder of a credit card issued by the Department of 
Defense for official use, annotated with the limitations on 
amounts that are applicable to the use of each such card 
by that credit card holder. 
"(2) That the holder of a credit card and each official 
with authority to authorize expenditures charged to the credit 
card are responsible for— 
"(A) reconciling the charges appearing on each state-
ment of account for that credit card with receipts and 
other supporting documentation; and 
"(B) forwarding that statement after being so reconciled 
to the designated disbursing office in a timely manner. 
"(3) That any disputed credit card charge, and any discrep-
ancy between a receipt and other supporting documentation 
and the credit card statement of account, is resolved in the 
manner prescribed in the applicable Government-wide credit 
card contract entered into by the Administrator of General 
Services. 
"(4) That payments on credit card accounts are made 
promptly within prescribed deadlines to avoid interest pen-
alties. 
"(5) That rebates and refunds based on prompt payment 
on credit card accounts are properly recorded. 
"(6) That records of each credit card transaction (including 
records on associated contracts, reports, accounts, and invoices) 
are retained in accordance with standard Government policies 
on the disposition of records. 
'*§ 2785. Remittance addresses: regulation of alterations 
"The Secretary of Defense, acting through the Under Secretary 
of Defense (Comptroller), shall prescribe regulations setting forth 
controls on alteration of remittance addresses. Those regulations 
shall ensure that— 
"(1) a remittance address for a disbursement that is pro-
vided by an officer or employee of the Department of Defense 
authorizing or requesting the disbursement is not altered by 
any officer or employee of the department authorized to prepare 
the disbursement; and 
"(2) a remittance address for a disbursement is altered 
only if the alteration— 
"(A) is requested by the person to whom the disburse-
ment is authorized to be remitted; and 
"(B) is made by an officer or employee authorized to 
do so who is not an officer or employee referred to in 
paragraph (1).". 
113 STAT. 730 
PUBLIC LAW 106-65—OCT. 5, 1999 
10 u s e 2784 
note. 
10 u s e 2785 
note. 
Deadline. 
Deadline. 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new items: 
"2784. Management of credit cards. 
"2785. Remittance addresses: regulation of alterations.". 
(b) EFFECTIVE DATE.—(1) Regulations under section 2784 of 
title 10, United States Code, as added by subsection (a), shall 
be prescribed not later than 180 days after the date of the enactment 
of this Act. 
(2) Regulations under section 2785 of title 10, United States 
Code, as added by subsection (a), shall be prescribed not later 
than 180 days after the date of the enactment of this Act. 
SEC. 934. MANAGEMENT OF CIVIL AIR PATROL. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
no major change to the governance structure of the Civil Air Patrol 
should be mandated by Congress until a review of potential improve-
ments in the management and oversight of Civil Air Patrol oper-
ations is conducted. 
(b) GAG STUDY.—The Comptroller General shall conduct a 
study of potential improvements to Civil Air Patrol operations, 
including Civil Air Patrol financial management. Air Force and 
Civil Air Patrol oversight, and the Civil Air Patrol safety program. 
Not later than February 15, 2000, the Comptroller General shall 
submit a report on the results of the study to the congressional 
defense committees. 
(c) INSPECTOR GENERAL REVIEW.—(1) The Inspector General 
of the Department of Defense shall review the financial and 
management operations of the Civil Air Patrol. The review shall 
include an audit. 
(2) Not later than February 15, 2000, the Inspector General 
shall submit to the congressional defense committees a report on 
the review, including, specifically, the results of the audit. The 
report shall include any recommendations that the Inspector Gen-
eral considers appropriate regarding actions necessary to ensure 
the proper oversight of the financial and management operations 
of the Civil Air Patrol. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003. Authorization of emergency supplemental appropriations for fiscal year 
1999. 
Sec. 1004. Supplemental appropriations request for operations in Yugoslavia. 
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal 
year 2000. 
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for fiscal year 
2000. 
Sec. 1007. Second biennial financial management improvement plan. 
Sec. 1008. Waiver authority for requirement that electronic transfer of funds be 
used for Department of Defense payments. 
Sec. 1009. Single payment date for invoice for various subsistence items. 
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of maps, charts, 
and navigational books. 
Subtitle B—^Naval Vessels and Shipyards 
Sec. 1011. Revision to congressional notice-and-wait period required before transfer 
of a vessel stricken from the Naval Vessel Register. 
Sec. 1012. Authority to consent to retransfer of former naval vessel. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 731 
Sec. 1013. Report on naval vessel force structure requirements. 
Sec. 1014. Auxiliary vessels acquisition program for the Department of Defense. 
Sec. 1015. National Defense Features program. 
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship contractors. 
Sec. 1017. Transfer of naval vessel to foreign country. 
Sec. 1018. Authority to transfer naval vessels to certain foreign countries. 
Subtitle C—Support for Civilian Law Enforcement and Counter Drug 
Activities 
Sec. 1021. Modification of limitation on funding assistance for procurement of 
equipment for the National Guard for drug interdiction and counter-
drug activities. 
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard authority 
for drug interdiction activities. 
Sec. 1023. Military assistance to civil authorities to respond to act or threat of ter-
rorism. 
Sec. 1024. Condition on development of forward operating locations for United 
States Southern Command counter-drug detection and monitoring 
flights. 
Sec. 1025. Annual report on United States military activities in Colombia. 
Sec. 1026. Report on use of radar systems for counter-drug detection and moni-
toring. 
Sec. 1027. Plan regarding assignment of military personnel to assist Immigration 
and Naturalization Service and Customs Service. 
Subtitle D—Miscellaneous Report Requirements and Repeals 
Sec. 1031. Preservation of certain defense reporting requirements. 
Sec. 1032. Repeal of certain reporting requirements not preserved. 
Sec. 1033. Reports on risks under National Military Strategy and combatant com-
mand requirements. 
Sec. 1034. Report on lift and prepositioned support requirements to support Na-
tional Military Strategy. 
Sec. 1035. Report on assessments of readiness to execute the National Military 
Strategy. 
Sec. 1036. Report on Rapid Assessment and Initial Detection teams. 
Sec. 1037. Report on unit readiness of units considered to be assets of Consequence 
Management Program Integration Office. 
Sec. 1038. Analysis of relationship between threats and budget submission for fis-
cal year 2001. 
Sec. 1039. Report on NATO Defense Capabilities Initiative. 
Sec. 1040. Report on motor vehicle violations by operators of official Army vehicles. 
Subtitle E—Information Security 
Sec. 1041. Identification in budget materials of amounts for declassification activi-
ties and limitation on expenditures for such activities. 
Sec. 1042. Notice to congressional committees of certain security and counterintel-
ligence failures within defense programs. 
Sec. 1043. Information Assurance Initiative. 
Sec. 1044. Nondisclosure of information on personnel of overseas, sensitive, or rou-
tinely deployable units. 
Sec. 1045. Nondisclosure of certain operational files of the National Imagery and 
Mapping Agency. 
Subtitle F—^Memorial Objects and Commemorations 
Sec. 1051. Moratorium on the return of veterans memorial objects to foreign na-
tions without specific authorization in law. 
Sec. 1052. Program to commemorate 50th anniversary of the Korean War. 
Sec. 1053. Commemoration of the victory of freedom in the Cold War. 
Subtitle G—Other Matters 
Sec. 1061. Defense Science Board task force on use of television and radio as a 
propaganda instrument in time of military conflict. 
Sec. 1062. Assessment of electromagnetic spectrum reallocation. 
Sec. 1063. Extension and reauthorization of Defense Production Act of 1950. 
Sec. 1064. Performance of threat and risk assessments. 
Sec. 1065. Chemical agents used for defensive training. 
Sec. 1066. Technical and clerical amendments. 
Sec. 1067. Amendments to reflect name change of Committee on National Security 
of the House of Representatives to Committee on Armed Services. 
113 STAT. 732 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle A—Financial Matters 
SEC. 1001. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination 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. 
(2) The total amount of authorizations that the Secretary may 
transfer under the authority of this section may not exceed 
$2,000,000,000. 
(b) LIMITATIONS.—The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items fi*om 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 transfer made 
fi*om one account to another under the authority of this section 
shall be deemed to increase the amount authorized 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 subsection (a). 
10 u s e 114 note. 
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the committee of conference to accompsiny the conference 
report on the bill S. 1059 of the One Hundred Sixth Congress 
and transmitted to the President is hereby incorporated into this 
Act. 
(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 appropriated pursu-
ant to an authorization contained in this Act that are made avail-
able 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 requirements as are set out for that program, project, or activity 
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 breinch 
of the Government. 
SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 1999. 
(a) ADJUSTMENT OF FISCAL YEAR 1999 AUTHORIZATIONS TO 
REFLECT SUPPLEMENTAL APPROPRIATIONS.—Subject to subsection 
(b), amounts authorized to be appropriated to the Department of 
Defense for fiscal year 1999 in the Strom Thurmond National 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 733 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261) are hereby adjusted, with respect to any such authorized 
amount, by the amount by which appropriations pursuant to such 
authorization were increased (by a supplemental appropriation) 
or decreased (by a rescission), or both, in the 1999 Emergency 
Supplemental Appropriations Act (Public Law 106-31). 
(b) LIMITATION.—(1) In the case of a pending defense contingent 
emergency supplemental appropriation, an adjustment may be 
made under subsection (a) in the amount of an authorization of 
appropriations by reason of that supplemental appropriation only 
if, and to the extent that, the President transmits to Congress 
an official amended budget request for that appropriation that 
designates the entire amount requested as an emergency require-
ment for the specific purpose identified in the 1999 Emergency 
Supplemental Appropriations Act as the purpose for which the 
supplemental appropriation was made. 
(2) For purposes of this subsection, the term "pending defense 
contingent emergency supplemental appropriation" means a contin-
gent emergency supplemental appropriation for the Department 
of Defense contained in the 1999 Emergency Supplemental Appro-
priations Act for which an official budget request that includes 
designation of the entire amount of the request as an emergency 
requirement has not been transmitted to Congress as of the date 
of the enactment of this Act. 
(3) For purposes of this subsection, the term "contingent emer-
gency supplemental appropriation" means a supplemental appro-
priation that— 
(A) is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985; and 
(B) by law is available only to the extent that the President 
transmits to the Congress an official budget request for that 
appropriation that includes designation of the entire amount 
of the request as an emergency requirement. 
SEC. 1004. SUPPLEMENTAL APPROPRLVTIONS REQUEST FOR OPER-
ATIONS 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 
appropriations request for the Department of Defense for such 
amounts as are necessary for the costs of any such operation. 
SEC. 1005. UNITED 
STATES 
CONTRIBUTION 
TO NATO COMMON-
FUNDED BUDGETS IN FISCAL YEAR 2000. 
(a) FISCAL YEAR 2000 LIMITATION.—The total amount contrib-
uted by the Secretary of Defense in fiscal year 2000 for the common-
funded budgets of NATO may be any amount up to, but not in 
excess of, the amount specified in subsection (b) (rather than the 
maximum amount that would otherwise be applicable to those 
contributions under the fiscal year 1998 baseline limitation). 
(b) TOTAL AMOUNT.—The amount of the limitation applicable 
under subsection (a) is the sum of the following: 
(1) The amounts of unexpended balances, as of the end 
of fiscal year 1999, of funds appropriated for fiscal years before 
fiscal ye£ir 2000 for payments for those budgets. 
(2) The amount specified in subsection (c)(1). 
113 STAT. 734 
PUBLIC LAW 106-65—OCT. 5, 1999 
(3) The amount specified in subsection (c)(2). 
(4) The total amount of the contributions authorized to 
be made under section 2501. 
(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions 
for the common-funded budgets of NATO as follows: 
(1) Of the amount provided in section 201(1), $750,000 
for the Civil Budget. 
(2) Of the amount provided in section 301(1), $216,400,000 
for the Military Budget. 
(d) DEFINITIONS.—For purposes of this section: 
(1) 
COMMON-FUNDED 
BUDGETS 
OF 
NATO.—The 
term 
"common-fimded budgets of NATO" means the Military Budget, 
the Security Investment Program, and the Civil Budget of 
the North Atlantic Treaty Organization (and any successor 
or additional account or program of NATO). 
(2) FISCAL YEAR I998 BASELINE LIMITATION.—The term 
"fiscal year 1998 baseline limitation" means the mciximum 
annual amount of Department of Defense contributions for 
common-funded budgets of NATO that is set forth as the annual 
limitation in section 3(2)(C)(ii) of the resolution of the Senate 
giving the advice and consent of the Senate to the ratification 
of the Protocols to the North Atlantic Treaty of 1949 on the 
Accession of Poland, Hungary, and the Czech Republic (as 
defined in section 4(7) of that resolution), approved by the 
Senate on April 30, 1998. 
SEC. 1006. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING OPER-
ATIONS FOR FISCAL YEAR 2000. 
(a) LIMITATION.—(1) Of the amounts authorized to be appro-
priated 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) TTie President may waive the limitation in paragraph (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 exercising 
the waiver will not adversely affect the readiness 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 mili-
tary forces participating in, or supporting, Bosnia peace-
keeping operations for fiscal year 2000. 
(iii) A discussion of the impact on the miUtary readi-
ness of United States Armed Forces of the continuing 
deployment of United States military forces participating 
in, or supporting, Bosnia peacekeeping operations. 
(D) A supplemental appropriations request for the Depart-
ment of Defense for such amounts as are necessary for the 
additional fiscal year 2000 costs associated with United States 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 735 
military forces participating in, or supporting, Bosnia peace-
keeping operations. 
(b) BOSNIA PEACEKEEPING OPERATIONS DEFINED.—For the pur-
poses of this section, the term "Bosnia peacekeeping operations" 
has the meaning given such term in section 1004(e) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 2112). 
SEC. 1007. SECOND BIENNIAL FINANCIAL MANAGEMENT IMPROVE- 
10USC2222 
MENTPLAN. 
note. 
(a) ADDITIONAL MATTERS REQUIRED.—The Secretary of Defense 
shall include in the second biennial financial management improve-
ment plan submitted to Congress under section 2222 of title 10, 
United States Code (required to be submitted not later than Sep-
tember 30, 2000), the matters specified in subsections (b) through 
(f), in addition to the matters otherwise required under that section. 
(b) SYSTEMS INVENTORY.—The plan referred to in subsection 
(a) shall include an inventory of the finance systems, accounting 
systems, and data feeder systems of the Department of Defense 
referred to in section 2222(c) of title 10, United States Code, and, 
for each of those systems, the following: 
(1) A statement regarding whether the system complies 
with the requirements applicable to that system under sections 
3512, 3515, and 3521 of title 31, United States Code. 
(2) A statement regarding whether the system is to be 
retained, consolidated, or eliminated. 
(3) A detailed plan of the actions that are being taken 
or are to be taken within the Department of Defense (including 
provisions for schedule, performance objectives, interim mile-
stones, and necessary resources)— 
(A) to ensure easy and reliable interfacing of the system 
(or a consolidated or successor system) with the Depart-
ment's core finance and accounting systems and with other 
data feeder systems; and 
(B) to institute appropriate internal controls that, 
among other benefits, ensure the integrity of the data 
in the system (or a consolidated or successor system). 
(4) For each system that is to be consolidated or eliminated, 
a detailed plan of the actions that are being taken or are 
to be taken (including provisions for schedule and interim mile-
stones) in canying out the consolidation or elimination, 
including a discussion of both the interim or migratory systems 
and any further consolidation that may be involved. 
(5) A list of the officials in the Department of Defense 
who are responsible for ensuring that actions referred to in 
paragraphs (3) and (4) are taken in a timely manner. 
(c) MAJOR PROCUREMENT ACTIONS.—The plan referred to in 
subsection (a) shall include a description of each major procurement 
action that is being taken within the Department of Defense to 
replace or improve a finance and accounting system or a data 
feeder system shown in the inventory under subsection (a) and, 
for each such procurement action, the measures that are being 
taken or are to be taken to ensure that the new or enhanced 
system— 
(1) provides easy and reliable interfacing of the system 
with the core finance and accounting systems of the department 
and with other data feeder systems; and 
113 STAT. 736 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) includes appropriate internal controls that, among other 
benefits, ensure the integrity of the data in the system. 
(d) FINANCIAL MANAGEMENT COMPETENCY PLAN.—The plan 
referred to in subsection (a) shall include a financial management 
competency plan that includes performance objectives, milestones 
(including interim objectives), responsible officials, and the nec-
essary resources to accomplish the performance objectives, together 
with the following: 
(1) A description of the actions necessary to ensure that 
the person in each comptroller position (or comparable position) 
in the Department of Defense (whether a member of the Armed 
Forces or a civilian employee) has the education, technical 
competence, and experience to perform in accordance with the 
core competencies necessary for financial management. 
(2) A description of the education that is necessary for 
a financial manager in a senior grade to be knowledgeable 
in— 
(A) applicable laws and administrative and regulatory 
requirements, including the requirements and procedures 
relating to Government performance and results under sec-
tions 1105(a)(28), 1115, 1116, 1117, 1118, and 1119 of 
title 31, United States Code; 
(B) the strategic planning process and how the process 
relates to resource management; 
(C) budget operations and analysis systems; 
(D) management analysis functions and evaluation; 
and 
(E) the principles, methods, techniques, and systems 
of financial management. 
(3) The advantages and disadvantages of establishing £ind 
operating a consolidated Department of Defense school that 
instructs in the principles referred to in paragraph (2)(E). 
(4) The applicable requirements for formal civilian edu-
cation. 
(e) IMPROVEMENTS TO D F A S , ETC.—The plan referred to in 
subsection (a) shall include a detailed plan (including performance 
objectives £ind milestones and standards for measuring progress 
toward attainment of the objectives) for the following: 
(1) Improving the internal controls and internal review 
processes of the Defense Finance and Accounting Service to 
provide reasonable assurances that— 
(A) obligations and costs are in compliance with 
applicable laws; 
(B) funds, property, and other assets are safeguarded 
against waste, loss, unauthorized use, and misappropria-
tion; 
(C) revenues and expenditures applicable to agency 
operations are properly recorded and accounted for so as 
to permit the preparation of accounts and reliable financial 
and statistical reports and to maintain accountability over 
assets; 
(D) obligations and expenditures are recorded contem-
poraneously with each transaction; 
(E) organizational and functional duties are performed 
separately .at each step in the cycles of transactions 
(including, in the case of a contract, the specification of 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 737 
requirements, the formation of the contract, the certifi-
cation of contract performance, receiving and warehousing, 
accounting, and disbursing); and 
(F) use of progress payment allocation systems results 
in posting of payments to appropriation accounts consistent 
with section 1301 of title 31, United States Code. 
(2) Ensuring that the Defense Finance and Accounting 
Service has— 
(A) a single standard transaction general ledger that, 
at a minimum, uses double-entry bookkeeping and complies 
with the United States Government Standard General 
Ledger at the transaction level as required under section 
803(a) of the Federal Financial Management Improvement 
Act of 1996 (31 U.S.C. 3512 note); 
(B) an integrated data base for finance and accounting 
functions; and 
(C) automated cost, performance, and other output 
measures. 
(3) Providing a single, consistent set of policies and proce-
dures for financial transactions throughout the Department 
of Defense. 
(4) Ensuring compliance with applicable policies and proce-
dures for financial transactions throughout the Department 
of Defense. 
(5) Reviewing safeguards for preservation of assets and 
verif)dng the existence of assets. 
(f) INTERNAL CONTROLS CHECKLIST.—The plan referred to in 
subsection (a) shall include an internal controls checklist, to be 
prescribed by the Under Secretary of Defense (Comptroller), which 
shall provide standards for use throughout the Department of 
Defense, together with a statement of the Department of Defense 
policy on use of the checklist throughout the Department. 
(g) SAFEGUARDING SENSITIVE INFORMATION.—TO the extent nec-
essary to protect sensitive information, the Secretary of Defense 
may provide information required by subsections (b) and (c) in 
an annex that is available to Congress, but need not be made 
public. 
SEC. 1008. WAIVER AUTHORITY FOR REQUIREMENT THAT ELEC-
TRONIC TRANSFER OF FUNDS BE USED FOR DEPART-
MENT OF DEFENSE PAYMENTS. 
(a) AUTHORITY.—(1) Chapter 165 of title 10, United States 
Code, is amended by adding after section 2785, as added by section 
933(a), the following new section: 
"§2786. Department of Defense payments by 
electronic 
transfers of funds: exercise of authority for waivers 
**With respect to any Federal pa)mient of funds covered by 
section 3332(f) of title 31 (relating to electronic funds transfers) 
for which payment is made or authorized by the Department of 
Defense, the waiver authority provided in paragraph (2)(A)(i) of 
that section shall be exercised by the Secretary of Defense. The 
Secretary of Defense shall carry out the authority provided under 
the preceding sentence in consultation with the Secretary of the 
Treasury.". 
113 STAT. 738 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 2785, 
as added by section 933(a), the following new item: 
"2786. Department of Defense payments by electronic transfers of funds: exercise of 
authority for waivers.". 
10 use 2786 
(3) Any waiver in effect on the date of the enactment of this 
note. 
Act imder paragraph (2)(A)(i) of section 3332(f) of title 31, United 
States Code, shall remain in effect until otherwise provided by 
the Secretary of Defense under section 2786 of title 10, United 
States Code, as added by paragraph (1). 
(b) STUDY AND REPORT ON D O D ELECTRONIC FUNDS TRANS-
FERS.—(1) The Secretary of Defense shall conduct a study to deter-
mine the following: 
(A) Whether it would be feasibile for all electronic pa3mients 
made by the Department of Defense to be routed through 
the Regional Finance Centers of the Department of the 
Treasury for verification and reconciliation. 
(B) Whether it would be feasibile for all electronic payments 
made by the Department of Defense to be subjected to the 
same level of reconciliation as United States Treasury checks, 
including the matching of each payment issued with each cor-
responding deposit at financial institutions. 
(C) Whether the appropriate computer security controls 
are in place in order to ensure the integrity of electronic pay-
ments made by the Department of Defense. 
(D) The estimated costs of implementing— 
(i) the routing of electronic payments as described in 
subparagraph (A); 
(ii) the reconciliation of electronic payments 
as 
described in subparagraph (B); and 
(iii) security controls as described in subparagraph (C). 
(E) The period that would be required to implement each 
of the matters referred to in subparagraph (D). 
Deadline. 
(2) Not later than March 1, 2000, the Secretary of Defense 
shall submit to Congress a report containing the results of the 
study required by paragraph (1). 
(3) In this subsection, the term "electronic payment" has the 
meaning given the term "electronic funds transfer" in section 
3332(j)(l) of title 31, United States Code. 
SEC. 1009. Sn^GLE PAYMENT DATE FOR INVOICE FOR 
VARIOUS 
SUBSISTENCE ITEMS. 
Section 3903 of title 31, United States Code, is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
"(c) A contract for the procurement of subsistence items that 
is entered into under the prime vendor program of the Defense 
Logistics Agency may specify for the purposes of section 3902 of 
this title a single required payment date that is to be applicable 
to an invoice for subsistence items furnished under the contract 
when more than one pa3anent due date would otherwise be 
applicable to the invoice under the regulations prescribed under 
paragraphs (2), (3), and (4) of subsection (a) or under Einy other 
provisions of law. The required payment date specified in the con-
tract shall be consistent with prevailing industry practices for the 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 739 
subsistence items, but may not be more than 10 days after the 
date of receipt of the invoice or the certified date of receipt of 
the items. The Director of the Office of Management and Budget 
shall provide in the regulations under subsection (a) that when 
a required payment date is so specified for an invoice, no other 
payment due date applies to the invoice.". 
SEC. 1010. PAYMENT OF FOREIGN LICENSING FEES OUT OF PRO-
CEEDS OF SALE OF MAPS, CHARTS, AND NAVIGATIONAL 
BOOKS. 
(a) IN GENERAL.—Section 453 of title 10, United States Code, 
is amended to read as follows: 
''§453. Sale of maps, charts, and navigational publications: 
prices; use of proceeds 
"(a) PRICES.—^All maps, charts, and other publications offered 
for sale by the National Imagery and Mapping Agency shall be 
sold at prices and under regulations that may be prescribed by 
the Secretary of Defense. 
"(b) USE OF PROCEEDS TO PAY FOREIGN LICENSING FEES.— 
(1) The Secretary of Defense may pay any NIMA foreign data 
acquisition fee out of the proceeds of the sale of maps, charts, 
and other publications of the Agency, and those proceeds are hereby 
made available for that purpose. 
"(2) In this subsection, the term 'NIMA foreign data acquisition 
fee' means any licensing or other fee imposed by a foreign country 
or international organization for the acquisition or use of data 
or products by the National Imagery and Mapping Agency.". 
(b) CLERICAL AMENDMENT.—The item relating to section 453 
in the table of sections at the beginning of subchapter II of chapter 
22 of such title is amended to read as follows: 
"453. Sale of maps, charts, and navigational publications: prices; use of proceeds.". 
Subtitle B—^Naval Vessels and Shipyards 
S E C . 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 pro-
posed transfer; and 
"(B) 30 days of a session of Congress have expired following 
the date on which the notice is sent to Congress. 
"(2) For purposes of paragraph (1)(B)— 
"(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; gind 
"(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 adjournment sine die at 
the end of the first session of a Congress, shall be excluded 
in the computation of such 30-day period.". 
113 STAT. 740 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER 
NAVAL VESSEL. 
President. 
(a) IN GENERAL.—Subject to subsection (b), the President 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 Pennsylvania. 
(b) CONDITIONS FOR CONSENT.—The President should not exer-
cise the authority under subsection (a) unless the USS LST Memo-
rial, Inc. agrees— 
(1) to use the vessel for public, nonprofit, museum-related 
purposes; 
(2) to comply with applicable law with respect to the vessel, 
including those requirements related to facilitating monitoring 
by the United States of, and mitigating potential environmental 
hazards associated with, aging vessels, £ind has a demonstrated 
financial capability to so comply; and 
(3) to hold the United States harmless for any claims 
arising from exposure to hazardous material, including asbestos 
and polychlorinated biphenyls, after the retransfer of the vessel 
to the recipient, except for claims arising before the date of 
the transfer of the vessel to the Government of Greece or 
fi*om use of the vessel by the United States after the date 
of the retransfer to the recipient. 
SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE REQUIRE-
MENTS. 
Deadline. 
(a) REQUIREMENT.—Not later than February 1, 2000, the Sec-
retary of Defense shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House 
of Representatives a report on naval vessel force structure require-
ments. 
(b) MATTERS TO BE INCLUDED.—The report shall include the 
following: 
(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 £ind missions relating to crisis response, overseas 
presence, and support to contingency operations. 
(2) A statement of the naval vessel force structure that 
is supported and funded in the President's budget for fiscal 
year 2001 and in the current futiu-e-years defense program. 
(3) A detailed long-range shipbuilding plan for the Depart-
ment, through fiscal year 2030, that includes annual quantities 
of each type of vessel to be procured. 
(4) A statement of the annual funding necessary to procure 
eight to ten vessels, of the appropriate types, each year begin-
ning in fiscal year 2001 and extending through 2020 to maintain 
the naval vessel force structure required by the national mili-
tary strategy. 
(5) A detailed discussion of the risks associated with any 
deviation from the long-range shipbuilding plan required in 
paragraph (3), to include the implications of such a deviation 
for the following areas: 
(A) Warfighting requirements. 
(B) Crisis response and overseas presence missions. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 741 
(C) Contingency operations. 
(D) Domestic shipbuilding industrial base. 
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.—Subject to subsection (b), the 
Secretary of the Navy may enter into contracts with private United 
States shipyards for the construction of new surface vessels to 
be acquired on a long-term lease basis 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 Department 
of Defense. 
"(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY LAW.—A con-
tract may be entered into under subsection (a) with respect to 
a specific vessel only if the Secretary is specifically authorized 
by law to enter into such a contract with respect to that vessel. 
As part of a request to Congress for enactment of any such 
authorization by law, the Secretary of the Navy shall provide to 
Congress the Secretary's findings under subsection (g). 
"(c) TERM OF CONTRACT.—In this section, the term 'long-term 
lease' means a lease, bareboat charter, or conditional sale agreement 
with respect to a vessel the term of which (including any option 
period) is for a period of 20 years or more. 
"(d) 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 pajnnent 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. 
"(e) 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. 
"(f) VESSEL OPERATION.—(1) The Secretary may operate a vessel 
held by the Secretary luider a long-term lease under this section 
through a contract with a United States 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 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 
113 STAT. 742 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(C) the operational requirements of the Department of 
the Navy. 
"(g) 
CONTINGENT WAIVER OF OTHER PROVISIONS OF LAW.— 
(1) The Secretary may waive the appHcabiHty of subsections (e)(2) 
and (f) of section 2401 of this title to a contract authorized by 
law as provided in subsection (b) if the Secretary makes the fol-
lowing findings with respect to that contract: 
"(A) The need for the vessels or services to be provided 
under the contract is expected to remain 
substantially 
unchanged during the contemplated contract or option period. 
"(B) 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 fiinded by, another military department, the Secretary 
of that military department) will request funding for the con-
tract at the level required to avoid contract cancellation. 
"(C) The timeliness of consideration of the contract by 
Congress is such that such a waiver is in the interest of 
the United States. 
Notice. 
"(2) The Secretary shall submit a notice of any waiver under 
paragraph (1) to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives. 
"(h) SOURCE OF FUNDS FOR TERMINATION LIABILITY.—If a con-
tract entered into under this section is terminated, the costs of 
such termination may be paid from— 
"(1) amounts originally made available for performance 
of the contract; 
"(2) amounts currently available for operation and mainte-
nance of the type of vessels or services concerned and not 
otherwise obligated; or 
"(3) funds appropriated for those costs.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"7233. Auxiliary vessels: extended lease authority.". 
(b) DEFINITION OF DEPARTMENT OF DEFENSE SEALIFT VESSEL.— 
Section 2218(k)(2) of title 10, United States Code, is amended— 
(1) by striking "that is—" in the matter preceding subpara-
graph (A) and inserting "that is any of the following:"; 
(2) by striking "a" at the beginning of subparagraphs (A), 
(B), and (E) and inserting "A"; 
(3) by striking "an" at the beginning of subparagraphs 
(C) and (D) and inserting "An"; 
(4) by striking the semicolon at the end of subparagraphs 
(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 subparagraphs: 
"(F) A strategic sealift ship. 
"(G) A combat logistics force ship. 
"(H) A maritime prepositioned ship. 
"(I) Any other avixiliary support vessel.". 
10 use 7233 
(c) EFFECTIVE DATE.—Section 7233 of title 10, United States 
note. 
Code, as added by subsection (a), shall take effect on October 
1, 1999. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 743 
SEC. 1015. NATIONAL DEFENSE FEATURES PROGRAM. 
(a) AUTHORITY FOR NATIONAL DEFENSE FEATURES PROGRAM.— 
Section 2218 of title 10, United States Code, is amended— 
(1) by redesignating subsection (k) as subsection (1); and 
(2) by inserting after subsection (j) the following new sub-
section (k): 
"(k) 
CONTRACTS FOR INCORPORATION OF DEFENSE FEATURES 
IN COMMERCIAL VESSELS.—(1) The head of an agency may enter 
into a contract with a company submitting an offer for that company 
to install and maintain defense features for national defense pur-
poses in one or more commercial vessels owned or controlled by 
that company in accordance with the purpose for which fiinds 
in the National Defense Sealift Fund are available under subsection 
(c)(1)(C). The head of the agency may enter into such a contract 
only after the head of the agency makes a determination of the 
economic soundness of the offer. 
"(2) The head of an agency may make advance payments to 
the contractor under a contract under paragraph (1) in a lump 
sum, in annual payments, or in a combination thereof for costs 
associated with the installation and maintenance of the defense 
features on a vessel covered by the contract, as follows: 
"(A) The costs to build, procure, and install a defense 
feature in the vessel. 
"(B) The costs to periodically maintain and test any defense 
feature on the vessel. 
"(C) Any increased costs of operation or any loss of revenue 
attributable to the installation or maintenance of any defense 
feature on the vessel. 
"(D) Any additional costs associated with the terms and 
conditions of the contract. 
"(3) For any contract under paragraph (1) under which the 
United States meikes advance pa)anents under paragraph (2) for 
the costs associated with installation or maintenance of any defense 
feature on a commercial vessel, the contractor shall provide to 
the United States such security interests in the vessel, by way 
of a preferred mortgage under section 31322 of title 46 or otherwise, 
as the head of the agency may prescribe in order to adequately 
protect the United States against loss for the total amount of 
those costs. 
"(4) Each contract entered into under this subsection shall— 
"(A) set forth terms and conditions under which, so long 
as a vessel covered by the contract is owned or controlled 
by the contractor, the contractor is to operate the vessel for 
the Department of Defense notwithstanding any other contract 
or commitment of that contractor; and 
"(B) provide that the contractor operating the vessel for 
the Department of Defense shall be paid for that operation 
at fair and reasonable rates. 
"(5) The head of an agency may not delegate authority under 
this subsection to any officer or employee in a position below the 
level of head of a procuring activity.". 
(b) DEFINITION.—Subsection (1) of such section, as redesignated 
by subsection (a)(1), is amended by adding at the end the following 
new paragraph: 
"(5) The term 'head of an agency* has the mesining given 
that term in section 2302(1) of this title.". 
113 STAT. 744 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 1016. SALES OF NAVAL SHIPYARD ARTICLES AND SERVICES TO 
NUCLEAR SHIP CONTRACTORS. 
(a) WAIVER OF REQUIRED CONDITIONS.—Chapter 633 of title 
10, United States Code, is amended by inserting after section 7299a 
the following new section: 
"§ 7300. Contracts for nuclear ships: sales of naval shipyard 
articles and services to private shipyards 
"The conditions set forth in section 2208(j)(l)(B) of this title 
and subsections (a)(1) and (c)(1)(A) of section 2553 of this title 
shall not apply to a sale by a naval shipyard of articles or services 
to a private shipyard that is made at the request of the private 
shipyard in order to facilitate the private shipyard's fulfillment 
of a Department of Defense contract with respect to a nuclear 
ship. This section does not authorize a naval shipyard to construct 
a nuclear ship for the private shipyard, to perform a majority 
of the work called for in a contract with a private entity, or to 
provide articles or services not requested by the private shipyard.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 7299a the following new item: 
"7300. Contracts for nuclear ships: sales of naval shipyard articles and services to 
private shipyards.". 
SEC. 1017. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY. 
(a) TRANSFER TO THAILAND.—The Secretary of the Navy is 
authorized to transfer 
to the Government of Thailand 
the 
CYCLONE class coastal patrol craft CYCLONE (PCI) or a craft 
with a similar hull. The transfer shall be made on a sale, lease, 
lease/buy, or grant basis under section 516 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j). 
(b) COSTS.—^Any expense incurred by the United States in 
connection with the transfer authorized by subsection (a) shall 
be charged to the Government of Thailand. 
(c) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARD.— 
To the maximum extent practicable, the Secretary of the Navy 
shall require, as a condition of the transfer of the vessel to the 
Government of Thailand under this section, that the Government 
of Thailand have such repair or refurbishment of the vessel as 
is needed, before the vessel joins the naval forces of that country, 
{)erformed at a United States naval shipyard or other shipyard 
ocated in the United States. 
(d) EXPIRATION OF AUTHORITY.—The authority to transfer a 
vessel under subsection (a) shall expire at the end of the two-
year period beginning on the date of the enactment of this Act. 
SEC. 1018. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN 
FOREIGN COUNTRIES. 
(a) AUTHORITY TO TRANSFER.— 
(1) DOMINICAN REPUBLIC.—The Secretary of the Navy is 
authorized to transfer to the Government of the Dominican 
Republic the medium auxiliary floating dry dock AFDM 2. 
Such transfer shall be on a grant basis under section 516 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 
(2) ECUADOR.—The Secretary of the Navy is authorized 
to transfer to the Government of Ecuador the "OAK RIDGE" 
class medium auxiliary repair dry dock ALAMOGORDO (ARDM 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 745 
2). Such transfer shall be on a grant basis under section 516 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 
(3) EGYPT.—The Secretary of the Navy is authorized to 
transfer to the Government of Egypt the "NEWPORT" class 
tank landing ships BARBOUR COUNTY (LST 1195) and 
PEORIA (LST 1183). Such transfers shall be on a sale basis 
under section 21 of the Arms Export Control Act (22 U.S.C. 
2761). 
(4) GREECE.—The Secretary of the Navy is authorized to 
transfer to the Government of Greece the "KNOX" class frigate 
CONNOLE (FF 1056). Such transfer shall be on a grant basis 
under section 516 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321J). 
(5) MEXICO.—The Secretary of the Navy is authorized to 
! 
transfer to the Government of Mexico the "NEWPORT" class 
tank landing ship NEWPORT (LST 1179) and the "KNOX" 
class frigate WHIPPLE (FF 1062). Such transfers shall be 
on a sale basis under section 21 of the Arms Export Control 
Act (22 U.S.C. 2761). 
(6) POLAND.—The Secretary of the Navy is authorized to 
transfer to the Government of Poland the "OLIVER HAZARD 
PERRY" class guided missile frigate CLARK (FFG 11). Such 
transfer shall be on a grant basis under section 516 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 
(7) TAIWAN.—The Secretary of the Navy is authorized to 
transfer to the Taipei Economic and Cultural Representative 
Office in the United States (which is the Taiwan instrumen-
tality designated pursuant to section 10(a) of the Taiwan Rela-
tions Act) the "NEWPORT" class tank landing ship SCHENEC-
TADY (LST 1185). Such transfer shall be on a sale basis 
under section 21 of the Arms Export Control Act (22 U.S.C. 
2761). 
(8) THAILAND.—The Secretary of the Navy is authorized 
to transfer to the Government of Thailand the "KNOX" class 
frigate TRUETT (FF 1095). Such transfer shall be on a grant 
basis under section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321J). 
(9) TURKEY.—The Secretary of the Navy is authorized to 
transfer to the Government of Turkey the "OLIVER HAZARD 
PERRY" class guided missile frigates FLATLEY (FFG 21) and 
' 
JOHN A. MOORE (FFG 19). Such transfers shall be on a 
sale basis under section 21 of the Arms Export Control Act 
(22 U.S.C. 2761). 
(b) INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON 
VALUE OF TRANSFERRED EXCESS DEFENSE ARTICLES.—The value 
of naval vessels authorized by subsection (a) to be transferred 
on a grant basis under section 516 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2321J) shall not be included in the aggregate 
annual value of transferred excess defense articles which is subject 
to the aggregate annual Umitation set forth in subsection (g) of 
that section. 
(c) COSTS OF TRANSFERS.—Any expense of the United States 
in connection with a transfer authorized by subsection (a) shall 
be charged to the recipient. 
(d) REPAIR AND REFURBISHMENT IN UNITED STATES SHIP-
YARDS.—To the maximum extent practicable, the Secretary of the 
Navy shall require, as a condition of the transfer of a vessel under 
69-194 - 01 - 25 :QL 3 Parti 
113 STAT. 746 
PUBLIC LAW 106-65—OCT. 5, 1999 
subsection (a), that the country to which the vessel is transferred 
have such repair or refurbishment of the vessel as is needed, 
before the vessel joins the naval forces of that country, performed 
at a shipyard located in the United States, including a United 
States Navy shipyard. 
(e) EXPIRATION OF AUTHORITY.—The authority granted by sub-
section (a) shall expire at the end of the two-year period beginning 
on the date of the enactment of this Act. 
Subtitle C—Support for Civilian La^v 
Enforcement and Counter Drug Activities 
SEC. 1021. MODIFICATION OF LIMITATION ON FUNDING ASSISTANCE 
FOR PROCUREMENT OF EQUIPMENT FOR THE NATIONAL 
GUARD FOR DRUG INTERDICTION AND COUNTER-DRUG 
ACTIVITIES. 
Section 112(a)(3) of title 32, United States Code, is amended 
by striking "per purchase order" in the second sentence and 
inserting "per item". 
SEC. 1022. TEMPORARY EXTENSION TO CERTAIN NAVAL AIRCRAFT OF 
COAST GUARD AUTHORITY FOR DRUG INTERDICTION 
ACTIVITIES. 
(a) INCLUSION AS AUTHORIZED AIRCRAFT.—Subsection (c) of sec-
tion 637 of title 14, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) 
and inserting "; or"; and 
(3) by adding at the end the following new paragraph: 
"(3) subject to subsection (d), it is a naval aircraft that 
has one or more members of the Coast Guard on board and 
is operating from a surface naval vessel described in paragraph 
(2).". 
(b) DURATION OF INCLUSION.—Such section is further amended 
by adding at the end the following new subsection: 
"(d)(1) The inclusion of naval aircraft as an authorized aircraft 
for purposes of this section shall be effective only after the end 
of the 30-day period beginning on the date the report required 
by paragraph (2) is submitted through September 30, 2001. 
Deadline. 
"(2) Not later than August 1, 2000, the Secretary of Defense 
shall submit to the Committee on Armed Services of the House 
of Representatives and the Committee on Armed Services of the 
Senate a report containing— 
"(A) an analysis of the benefits and risks associated with 
using naval aircraft to perform the law enforcement activities 
authorized by subsection (a); 
"(B) an estimate of the extent to which the Secretary 
expects to implement the authority provided by this section; 
and 
"(C) an analysis of the effectiveness and applicability to 
the Department of Defense of the Coast Guard program known 
as the *New Frontiers' program.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 747 
SEC. 1023. MILITARY 
ASSISTANCE 
TO CIVIL 
AUTHORITIES TO 10 USC 382 note. 
RESPOND TO ACT OR THREAT OF TERRORISM. 
(a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of 
Defense, upon the request of the Attorney General, may provide 
assistance to civil authorities in responding to an act of terrorism 
or threat of an act of terrorism, including an act of terrorism 
or threat of an act of terrorism that involves a weapon of mass 
destruction, within the United States, if the Secretary determines 
that— 
(1) special capabilities and expertise of the Department 
of Defense are necessary and critical to respond to the act 
of terrorism or the threat of an act of terrorism; and 
(2) the provision of such assistance will not adversely affect 
the military preparedness of the Armed Forces. 
(b) NATURE OF ASSISTANCE.—Assistance provided under sub-
section (a) may include the deplo5anent of Department of Defense 
personnel and the use of any Department of Defense resources 
to the extent and for such period as the Secretary of Defense 
determines necessary to prepare for, prevent, or respond to an 
act or threat of an act of terrorism described in that subsection. 
Actions 
taken to provide the assistance may include the 
prepositioning of Department of Defense personnel, equipment, and 
supplies. 
(c) REIMBURSEMENT.—(1) Except as provided in paragraph (2), 
assistance provided under this section shall be provided on a 
reimbursable basis. Notwithstanding any other provision of law, 
the amounts of reimbursement shall be limited to the amounts 
of the incremental costs incurred by the Department of Defense 
to provide the assistance. 
(2) In extraordinary circumstances, the Secretary of Defense 
may waive the requirement for reimbursement if the Secretary 
determines that such a waiver is in the national security interests 
of the United States and submits to Congress a notification of 
the determination. 
(3) If funds are appropriated for the Department of Justice 
to cover the costs of responding to an act or threat of an act 
of terrorism for which assistance is provided under subsection (a), 
the Attorney General shall reimburse the Department of Defense 
out of such funds for the costs incurred by the Department in 
providing the assistance, without regard to whether the assistance 
was provided on a nonreimbursable basis pursuant to a waiver 
under paragraph (2). 
(d) 
ANNUAL 
LIMITATION 
ON FUNDING.—Not 
more 
than 
$10,000,000 may be obligated to provide assistance under subsection 
(a) during any fiscal year. 
(e) PERSONNEL RESTRICTIONS.—In providing assistance under 
this section, a member of the Army, Navy, Air Force, or Marine 
Corps may not, unless otherwise authorized by law— 
(1) directly participate in a search, seizure, arrest, or other 
similar activity; or 
(2) collect intelligence for law enforcement purposes. 
(f) NONDELEGABILITY OF AUTHORITY.—(1) The Secretary of 
Defense may not delegate to any other official the authority to 
make determinations and to authorize assistance under this section. 
(2) The Attorney General may not delegate to any other official 
authority to make a request for assistance under subsection (a). 
113 STAT. 748 
PUBLIC LAW 106-65—OCT. 5, 1999 
(g) RELATIONSHIP TO OTHER AUTHORITY.—The authority pro-
vided in this section is in addition to any other authority available 
to the Secretary of Defense, and nothing in this section shall be 
construed to restrict any authority regarding use of members of 
the Armed Forces or equipment of the Department of Defense 
that was in effect before the date of the enactment of this Act. 
(h) DEFINITIONS.—In this section: 
(1) THREAT OF AN ACT OF TERRORISM.—The term "threat 
of an act of terrorism" includes any circumstance providing 
a basis for reasonably anticipating an act of terrorism, as 
determined by the Secretary of Defense in consultation with 
the Attorney General and the Secretary of the Treasury. 
(2) WEAPON OF MASS DESTRUCTION.—The term "weapon 
of mass destruction" has the meaning given the term in section 
1403 of the Defense Against Weapons of Mass Destruction 
Act of 1996 (50 U.S.C. 2302(1)). 
(i) DURATION OF AUTHORITY.—The authority provided by this 
section applies during the period beginning on October 1, 1999, 
and ending on September 30, 2004. 
10 u s e 124 note. 
SEC. 1024. CONDITION ON DEVELOPMENT OF FORWARD OPERATING 
LOCATIONS FOR UNITED STATES SOUTHERN COMMAND 
COUNTER-DRUG DETECTION AND MONITORING FLIGHTS. 
(a) CONDITION.—Except as provided in subsection (b), none 
of the funds appropriated or otherwise made available to the Depart-
ment of Defense for any fiscal year may be obligated or expended 
for the purpose of improving the physical infrastructure at any 
proposed forward operating location outside the United States from 
which the United States Southern Command may conduct counter-
drug detection and monitoring flights until a formal agreement 
regarding the extent and use of, and host nation support for, the 
forward operating location is executed by both the host nation 
and the United States. 
(b) EXCEPTION.—The limitation in subsection (a) does not apply 
to an unspecified minor military construction project authorized 
by section 2805 of title 10, United States Code. 
10 u s e 113 note. 
SEC. 1025. ANNUAL REPORT ON UNITED STATES MILITARY ACTIVI-
TIES IN COLOMBIA 
Deadline. 
Deadline. 
Not later than January 1 of each year, the Secretary of Defense 
shall submit to the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate and the Committee 
on Armed Services and the Committee on International Relations 
of the House of Representatives a report detailing the number 
of members of the United States Armed Forces deployed or other-
wise assigned to duty in Colombia at any time during the preceding 
year, the length eind purpose of the deployment or assignment, 
and the costs and force protection risks associated with such deploy-
ments and assignments. 
SEC. 1026. REPORT ON USE OF RADAR SYSTEMS FOR COUNTER-DRUG 
DETECTION AND MONITORING. 
Not later than May 1, 2000, the Secretary of Defense shall 
submit to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the Senate 
a report containing an evaluation of the effectiveness of the Wide 
Aperture Radar Facility, Tethered Aerostat Radar System, Ground 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 749 
Mobile Radar, £ind Relocatable Over-The-Horizon Radar in mari-
time, air, and land counter-drug detection and monitoring. 
SEC. 1027. PLAN REGARDING ASSIGNMENT OF MILITARY PERSONNEL 
TO ASSIST IMMIGRATION AND NATURALIZATION SERVICE 
AND CUSTOMS SERVICE. 
(a) PREPARATION OF PLAN.—(1) The Secretary of Defense shall 
prepare a plan to assign members of the Army, Navy, Air Force, 
or Marine Corps to assist the Immigration and Naturalization 
Service or the United States Customs Service should the President 
determine, and the Attorney General or the Secretary of the 
Treasury, as the case may be, certify, that military personnel are 
required to respond to a threat to national security posed by the 
entry into the United States of terrorists or drug traffickers. 
(2) The Secretary shall ensure that activities proposed to be 
performed by military personnel under the plan are consistent 
with section 1385 of title 18, United States Code (popularly known 
as the Posse Comitatus Act), and shall include in the plan a training 
program for military personnel who would be assigned to assist 
Federal law enforcement agencies— 
(A) in preventing the entry of terrorists and drug traffickers 
into the United States; and 
(B) in the inspection of cargo, vehicles, and aircraft at 
points of entry into the United States for weapons of mass 
destruction, prohibited narcotics, or other terrorist or drug traf-
ficking items. 
(b) 
REPORT ON USE OF MILITARY PERSONNEL TO SUPPORT 
CIVILIAN LAW ENFORCEMENT.—Not later than May 1, 2000, the Deadline. 
Secretary of Defense shall submit to the Committee on Armed 
Services of the House of Representatives and the Committee on 
Armed Services of the Senate a report containing— 
(1) the plan required by subsection (a); 
(2) a discussion^of the risks and benefits associated with 
using military personnel to provide the law enforcement support 
described in subsection (a)(2); 
(3) recommendations regarding the functions outlined in 
the plan most appropriate to be performed by military per-
sonnel; and 
(4) the total number of active and reserve members, and 
members of the National Guard whose activities were supported 
using funds provided under section 112 of title 32, United 
States Code, who participated in drug interdiction activities 
or otherwise provided support for civilian law enforcement 
during fiscal year 1999. 
Subtitle D—Miscellaneous Report 
Requirements and Repeals 
SEC. 1031. PRESERVATION 
OF 
CERTAIN 
DEFENSE 
REPORTING 
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 provi-
sions of law: 
(1) The following sections of title 10, United States Code: 
sections 113, 115a, 116, 139(f), 221, 226, 401(d), 662(b), 946, 
113 STAT. 750 
PUBLIC LAW 106-65—OCT. 5, 1999 
1464(c), 2006(e)(3), 2010, 2011(e), 2391(c), 2431(a), 2432, 
2457(d), 2461(g), 2537, 2662(b), 2706, 2859, 2861, 2902(g)(2), 
4542(g)(2), 7424(b), 7425(b), 7431(c), 10541, 12302(d), and 
16137. 
(2) Section 1121(f) of the National Defense Authorization 
Act for Fiscal Year 1988 and 1989 (Pubhc Law 100-180; 10 
U.S.C. 113 note). 
(3) Section 1405 of the Defense Dependents' Education 
Act of 1978 (20 U.S.C. 924). 
(4) Section 1411(b) of the Barry Goldwater Scholarship 
and Excellence in Education Act (20 U.S.C. 4710(b)). 
(5) Section 1097 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note). 
(6) Section 30A(d) of the Arms Export Control Act (22 
U.S.C. 2770a(d)). 
(7) Sections 1516(f) and 1518(c) of the Armed Forces Retire-
ment Home Act of 1991 (Pubhc Law 101-510; 24 U.S.C. 416(f), 
418(c)). 
(8) Sections 3554(e)(2) and 9503(a) of title 31, United States 
Code. 
(9) Section 300110(b) of title 36, United States Code. 
(10) Sections 301a(f) and 1008 of title 37, United States 
Code. 
(11) Section 8111(f) of title 38, United States Code. 
(12) Section 205(b) of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 486(b)). 
(13) Section 3732 of the Revised Statutes, popularly known 
as the "Food and Forage Act" (41 U.S.C. 11). 
(14) Section 101(b)(6) of the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973fE(b)(6)). 
(15) Section 1436(e) of the National Defense Authorization 
Act, Fiscal Year 1989 (Pubhc Law 100-456; 42 U.S.C. 2121 
note). 
(16) Section 165 of the Energy Policy and Conservation 
Act (42 U.S.C. 6245). 
(17) Section 603(e) of the National Science and Technology 
PoHcy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6683(e)). 
(18) Section 822(b) of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (42 U.S.C. 6687(b)). 
(19) Section 208 of the Department of Energy National 
Security 
and 
Military 
Applications 
of Nuclear 
Energy 
Authorization Act of 1979 (42 U.S.C. 7271). 
(20) Section 3134 of the National Defense Authorization 
Act for Fiscal Year 1991 (42 U.S.C. 7274c). 
(21) Section 3135 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (42 U.S.C. 7274g). 
(22) Section 12 of the Act of March 9, 1920 (popularly 
known as the "Suits in Admiralty Act") (46 App. U.S.C. 752). 
(23) Sections 208, 901(b)(2), and 1211 of the Merchant 
Marine Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291). 
(24) Sections 11 and 14 of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98h-2, 98h-5). 
(25) Section 108 of the National Security Act of 1947 (50 
U.S.C. 404a). 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 751 
(26) Section 4 of the Act entitled "An Act to authorize 
the making, amending, and modification of contracts to faciU-
tate the national defense", approved August 28, 1958 (50 U.S.C. 
1434). 
(27) Section 
1412(g) of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521(g)). 
(28) Section 3 of the Authorization for Use of Military 
Force Against Iraq Resolution (50 U.S.C. 1541 note). 
(29) Sections 202(d) and 401(c) of the National Emergencies 
Act (50 U.S.C. 1622(d), 1641(c)). 
(30) Section 10(g) of the Military Selective Service Act 
(50 U.S.C. App. 460(g)). 
(31) Section 708 of the Defense Production Act of 1950 
(50 U.S.C. App. 2158). 
(32) Section 703(g) of the Military Construction Authoriza-
tion Act, 1982 (Pubhc Law 97-99; 95 Stat. 1376). 
(33) Section 704 of the Military Construction Authorization 
Act, 1982 (Public Law 97-99; 95 Stat. 1377). 
(34) Section 113(b) of the National Defense Authorization 
Act for Fiscal Year 1990 and 1991 (Pubhc Law 101-189; 103 
Stat. 1373). 
SEC. 1032. REPEAL OF CERTAIN REPORTING REQUIREMENTS NOT 
PRESERVED. 
(a) REPEAL OF PROVISIONS OF TITLE 10, UNITED STATES CODE.— 
Title 10, United States Code, is amended as follows: 
(1) Section 2201(d) is amended— 
(A) by striking paragraph (2); 
(B) by striking "; and" at the end of paragraph (1) 
and inserting a period; and 
(C) by striking "Defense—" and all that follows through 
' ' 
"(1) shall" and inserting "Defense shall". 
(2) Section 2313(b) is amended by striking paragraph (4). 
(3) Section 2350g is amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively. 
(b) REPEAL OF OTHER PROVISIONS OF LAW.—The following provi-
sions of law are repealed: 
(1) Section 224 of the National Defense Authorization Act 
for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 
2431 note). 
(2) Section 3059(c) of the Anti-Drug Abuse Act of 1986 
(Public Law 99-570; 10 U.S.C. 9441 note). 
(3) Section 7606 of the Anti-Drug Abuse Act of 1988 (Public 
Law 100-690; 10 U.S.C. 9441 note). 
(4) Section 1002(d) of the Department of Defense Authoriza-
tion Act, 1985 (PubHc Law 98-525; 22 U.S.C. 1928 note). 
SEC. 1033. REPORTS 
ON 
RISKS 
UNDER 
NATIONAL 
MILITARY 
STRATEGY AND COMBATANT COMMAND REQUIREMENTS. 
Section 153 of title 10, United States Code, is amended by 
adding at the end the following new subsections: 
"(c) RISKS UNDER NATIONAL MILITARY STRATEGY.—(1) Not later Deadline, 
than January 1 each year, the Chairman shall submit to the Sec-
retary of Defense a report providing the Chairman's assessment 
of the nature and magnitude of the strategic and military risks 
113 STAT. 752 
PUBLIC LAW 106-65—OCT. 5, 1999 
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 comments 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 President submitted under section 1105 of title 
31 for the next fiscal year. If the Chairman's assessment in such 
report in any year is that risk associated with executing the mis-
sions called for under the National Military Strategy is significant, 
the Secretary shall include with the report as submitted to Congress 
the Secretary's plan for mitigating that risk. 
Deadline. 
"(d) ANNUAL REPORT ON COMBATANT COMMAND REQUIRE-
MENTS.—(1) Not later than August 15 of each year, the Chairman 
shall submit to the committees of Congress named in paragraph 
(2) a report on the requirements of the combatant commands estab-
lished under section 161 of this title. The report shall contain 
the following: 
"(A) A consolidation of the integrated priority lists of 
requirements of the combatant commands. 
"(B) The Chairman's views on the consolidated lists. 
"(2) The committees of Congress referred to in paragraph (1) 
are the Committees on Armed Services and the Committees on 
Appropriations of the Senate and House of Representatives.". 
SEC. 1034. REPORT ON LIFT AND PREPOSITIONED SUPPORT REQUIRE-
MENTS TO SUPPORT NATIONAL MILITARY STRATEGY. 
Deadline. 
(a) REPORT REQUIRED.—Not later than February 15, 2000, the 
Secretary of Defense shall submit to Congress a report, in both 
classified and unclassified form, describing the strategic, theater, 
operational, and tactical requirements for airlift, sealift, surface 
transportation, and prepositioned war material necessary to carry 
out the full range of missions included in the National Military 
Strategy prescribed by the Chairman of the Joint Chiefs of Staff 
under the postures of force engagement anticipated through 2005. 
(b) CONTENT OF REPORT.—The report shall address the fol-
lowing: 
(1) A review of the study conducted by the Air Force during 
1999 on oversize/outsize airlift cargo requirements, including 
a risk assessment and an evaluation of alternatives. 
(2) A review of the study of the Chairman of the Joint 
Chiefs of Staff conducted during 1999 designated as the "Joint 
Chiefs of Staff Mobility Requirements Study 05", including 
a risk assessment, an evaluation of alternatives, and a valida-
tion of the analyses done by the Joint Staff for that study 
concerning each of the following: 
(A) The identity, size, structure, and capabilities of 
the airlift and sealift requirements for the full range of 
shaping, preparing, and responding missions called for 
under the National Military Strategy. 
(B) The required support and infrastructure required 
to successfully execute the full range of missions required 
under the National Military Strategy on the deployment 
schedules outlined in the plans of the relevant com-
manders-in-chief from expected and increasingly dispersed 
postures of engagement. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 753 
(C) The anticipated effect of enemy use of weapons 
of mass destruction, other as)mimetrical attacks, expected 
rates of peacekeeping, and other contingency missions and 
other similar factors on the mobihty force and its required 
infrastructure and on mobihty requirements. 
(D) The effect on mobihty requirements of new service 
force structures such as the Air Force's Air Expeditionary 
Force, the Army's Strike Force, the Marine Corps' oper-
ational maneuver-from-the-sea concept and supporting con-
cepts including Ship-to-Objective Maneuver, 
Maritime 
Prepositioning Forces 2010, and Seabased Logistics, and 
any foreseeable force structure modifications through 2005. 
(E) The need to deploy forces strategically and employ 
them tactically using the same lift platform. 
(F) The anticipated role of host nation, foreign, and 
coalition airlift and sealift support, and the anticipated 
requirements for United States lift assets to support coali-
tion forces, through 2005. 
(G) Alternatives to the current mobility program or 
required modifications to the 1998 Air Mobility Master 
Plan update. 
(3) A review of the Army, Air Force, and Marine Corps 
maritime prepositioned ship requirements and modernization 
plan. 
(c) INTRA-THEATER REQUIREMENTS REPORT.—Not later than 
December 1, 2000, the Secretary of Defense shall submit to Congress 
a report, in both classified and unclassified form, describing the 
intra-theater requirements for airlift, small-craft lift, and surface 
transportation necessary to carry out the full range of missions 
included in the National Military Strategy prescribed by the Chair-
man of the Joint Chiefs of Staff under the postures of force engage-
ment anticipated through 2005. 
SEC. 1035. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE 
THE NATIONAL MILITARY STRATEGY. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives a report in unclassified form assessing the effect 
of continued operations in the Balkans region on— 
(1) the ability of the Armed Forces to successfully meet 
other regional contingencies; and 
(2) the readiness of the Armed Forces to execute the 
National Military Strategy. 
(b) MATTERS TO BE INCLUDED.—The report under subsection 
(a) shall include the following: 
(1) All models used by the Chairman of the Joint Chiefs 
of Staff to assess the capability of the United States to execute 
the full range of missions under the National Military Strategy 
and all other models used by the Armed Forces to assess 
that capability. 
(2) Separate assessments that would result from the use 
of those models if it were necessary to execute the full range 
of missions called for under the National Military Strategy 
under each of the scenarios set forth in subsection (c), including 
the levels of casualties the United States would be projected 
to incur. 
Deadline. 
Deadline. 
113 STAT. 754 
PUBLIC LAW 106-65—OCT. 5, 1999 
(3) Assumptions made about the readiness levels of major 
units included in each such assessment, including equipment, 
personnel, and training readiness and sustainment ability. 
(4) The increasing levels of casualties that would be pro-
jected under each such scenario over a range of risks of pros-
ecuting two Major Theater Wars that proceeds from low-mod-
erate risk to moderate-high risk. 
(5) An estimate of— 
(A) the total resources needed to attain a moderate-
high risk under those scenarios; 
(B) the total resources needed to attain a low-moderate 
risk under those scenarios; and 
(C) the incremental resources needed to decrease the 
level of risk from moderate-high to low-moderate. 
(c) SCENARIOS TO BE USED.—The scenarios to be used for 
purposes of paragraphs (1), (2), and (3) of subsection (b) are the 
following: 
(1) That while the Armed Forces are engaged in operations 
at the level of the operations ongoing as of the date of the 
enactment of this Act, international armed conflict begins— 
(A) on the Korean peninsula; and 
(B) first on the Korean peninsula and then 45 days 
later in Southwest Asia. 
(2) That while the Armed Forces are engaged in operations 
at the peak level reached during Operation Allied Force against 
the Federal Republic of Yugoslavia, international armed conflict 
begins— 
(A) on the Korean peninsula; and 
(B) first on the Korean peninsula and then 45 days 
later in Southwest Asia. 
(d) CONSULTATION.—In preparing the report under this section, 
the Secretary of Defense shall consult with the Chairman of the 
Joint Chiefs of Staff, the commanders of the unified commands, 
the Secretaries of the military departments, and the heads of the 
combat support agencies and other such entities within the Depart-
ment of Defense as the Secretary considers necessary. 
SEC. 1036. REPORT ON RAPED ASSESSMENT AND INITIAL DETECTION 
TEAMS. 
Deadline. 
(a) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the Department's plsms for establishing and 
deploying Rapid Assessment and Initial Detection (RAID) teams 
for responses to incidents involving a weapon of mass destruction. 
The report shall include the following: 
(1) A description of the capabilities of a RAID team and 
a comparison of those capabilities to the capabilities of other 
Federal, State, and local WMD responders. 
(2) An assessment of the manner in which a RAID team 
complements the mission, functions, and capabilities of other 
Federal, State, and local WMD responders. 
(3) The Department's plan for conducting realistic exercises 
involving RAID teams, including exercises with other Federal, 
State, and local WMD responders. 
(4) A description of the command and control relationships 
between the RAID teams and Federal, State, and local WMD 
responders. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 755 
(5) An assessment of the degree to which States have 
integrated, or are planning to integrate, RAID teams into other-
than-weapon-of-mass-destruction missions of State or local 
WMD responders. 
(6) A specific description and analysis of the procedures 
that have been established or agreed to by States for the 
use in one State of a RAID team that is based in another 
State. 
(7) An identification of those States where the deployment 
of out-of-State RAID teams is not governed by existing inter-
state compacts. 
(8) An assessment of the Department's progress in devel-
oping an appropriate national level compact for interstate 
sharing of resources that would facilitate consistent and effec-
tive procedures for the use of out-of-State RAID teams. 
(9) An assessment of the measures that will be taken 
to recruit, train, maintain the proficiency of, and retain mem-
bers of the RAID teams, to include those measures to provide 
for their career progression. 
(b) DEFINITIONS.—In this section: 
(1) The term "Rapid Assessment and Initial Detection 
team" or "RAID team" refers to a military unit comprised 
of Active Guard and Reserve personnel organized, trained, and 
equipped to conduct domestic missions in the United States 
in response to the use of, or threatened use of, a weapon 
of mass destruction. 
(2) The term "WMD responder" means an organization 
responsible for responding to an incident involving a weapon 
of mass destruction. 
(3) The term "weapon of mass destruction" has the meaning 
given that term in section 1403(1) of the Defense Against 
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)). 
SEC. 1037. REPORT ON UNIT READINESS OF UNITS CONSIDERED TO 
BE ASSETS OF CONSEQUENCE MANAGEMENT PROGRAM 
INTEGRATION OFFICE. 
(a) JOINT READINESS REVIEW.—(1) The Secretary of Defense 
shall include in the quarterly readiness report submitted to Con-
gress under section 482 of title 10, United States Code, for the 
first quarter beginning after the date of the enactment of this 
Act an assessment of the readiness, training status, and future 
funding requirements of all active and reserve component units 
that (as of the date of the enactment of this Act) are considered 
assets of the Consequence Management Program Integration Office 
of the Department of Defense. 
(2) The Secretary shall set forth the assessment under para-
graph (1) as an annex to the quarterly report referred to in that 
paragraph. The Secretary shall include in that annex a detailed 
description of how the active and reserve component units referred 
to in that paragraph are integrated with the Rapid Assessment 
and Initial Detection Teams in the overall Consequence Manage-
ment Program Integration Office of the Department of Defense. 
(b) 
DECONTAMINATION READINESS PLAN.—The Secretary 
of 
Defense shall prepare a decontamination readiness plan for the 
Consequence Management Program Integration Office of the 
Department of Defense. The plan shall include the following: 
113 STAT. 756 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) The actions necessary to ensure that the units of the 
Armed Forces designated to carry out decontamination missions 
are at the level of readiness necessary to carry out those mis-
sions. 
(2) The funding necessary for attaining and maintaining 
the level of readiness referred to in paragraph (1). 
(3) Procedures for ensuring that each decontamination unit 
is available to respond to an incident in the United States 
that involves a weapon of mass destruction within 12 hours 
after being notified of the incident. 
SEC. 1038. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND 
BUDGET SUBMISSION FOR FISCAL YEAR 2001. 
(a) REQUIREMENT FOR REPORT.—The Secretary of Defense shall 
submit to the congressional defense committees, on the date that 
the President submits the budget for fiscal year 2001 to Congress 
under section 1105(a) of title 31, United States Code, a report 
on the relationship between the budget proposed for budget function 
050 (National Defense) for that fiscal year and the then-current 
and emerging threats to the national security interests of the United 
States identified in the annual national security strategy report 
required under section 108 of the National Security Act of 1947 
(50 U.S.C. 404a). The report shall be prepared in coordination 
with the Chairman of the Joint Chiefs of Staff and the Director 
of Central Intelligence. 
(b) CONTENT.—The report shall contain the following: 
(1) A detailed description of the threats referred to in 
subsection (a). 
(2) An analysis of those threats in terms of the probability 
that an attack or other threat event will actually occur, the 
military challenge posed by those threats, and the potential 
damage that those threats could have to the national security 
interests of the United States. 
(3) An analysis of the allocation of funds in the fiscal 
year 2001 budget and the future-years defense program that 
addresses each of those threats. 
(4) A justification for each major defense acquisition pro-
gram (as defined in section 2430 of title 10, United States 
Code) that is provided for in the budget in light of the descrip-
tion and analyses set forth in the report pursuant to this 
subsection. 
(c) FORM OF REPORT.—The report shall be submitted in 
unclassified form, but may also be submitted in classified form 
if necessary. 
10 use 113 note. 
SEC. 1039. REPORT ON NATO DEFENSE CAPABILITIES INITIATIVE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) At the meeting of the North Atlantic Council held 
in Washington, DC, in April 1999, the NATO Heads of State 
and Governments launched a Defense Capabilities Initiative. 
(2) The Defense Capabilities Initiative is designed to 
improve the defense capabilities of the individual nations of 
the NATO Alliance to ensure the effectiveness of future oper-
ations across the full spectrum of Alliance missions in the 
present Euid foreseeable security environment. 
(3) Under the Defense Capabilities Initiative, special focus 
will be given to improving interoperability among Alliance 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 757 
forces and to increasing defense capabilities through improve-
ments in the deployability and mobihty of Alliance forces, the 
sustainability and logistics of those forces, the survivability 
and effective engagement capability of those forces, and com-
mand and control and information systems. 
(4) The successful implementation of the Defense Capabili-
ties Initiative will serve to enable all members of the Alliance 
to make a more equitable contribution to the full spectrum 
of Alliance missions, thereby increasing burdensharing within 
the Alliance and enhancing the ability of European members 
of the Alliance to undertake operations pursuant to the Euro-
pean Security and Defense Identity within the Alliance, 
(b) ANNUAL REPORT.—(1) Not later than January 31 of each Deadline, 
year, the Secretary of Defense shall submit to the Committees 
on Armed Services and Foreign Relations of the Senate and the 
Committees on Armed Services and International Relations of the 
House of Representatives a report, to be prepared in consultation 
with the Secretary of State, on implementation of the Defense 
Capabilities Initiative by the nations of the NATO Alliance. The 
report shall include the following: 
(A) A discussion of the work of the temporary High-Level 
Steering Group, or any successor group, established to oversee 
the implementation of the Defense Capabilities Initiative and 
to meet the requirement of coordination and harmonization 
among relevant planning disciplines. 
(B) A 
description 
of the 
actions 
taken, 
including 
implementation of the Multinational Logistics Center concept 
and development of the C3 system architecture, by the Allismce 
as a whole to further the Defense Capabilities Initiative. 
(C) A description of the actions taken by each member 
of the Alliance other than the United States to improve the 
capabilities of its forces in each of the following areas: 
(i) Interoperability with forces of other Alliance mem-
bers. 
(ii) Deployability and mobility, 
(iii) Sustainability and logistics. 
(iv) Survivability and effective engagement capability. 
(v) Command and control and information systems. 
(2) The report shall be submitted in unclassified form, but 
may also be submitted in classified form if necessary. 
SEC. 1040. REPORT ON MOTOR VEHICLE VIOLATIONS BY OPERATORS 
OF OFFICIAL ARMY VEHICLES. 
(a) REVIEW REQUIRED.—The Secretary of the Army shall review 
the incidence during fiscal year 1999 of the violation of motor 
vehicle laws by operators of official Army motor vehicles. To the 
extent practicable, the review shall include all such violations for 
which citations were issued (including infractions relating to 
parking), other than violations occurring on a military installation, 
regardless of whether or not a fine was paid for the violation. 
(b) REPORT.—Not later than March 31, 2000, the Secretary Deadline, 
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 the results of the review under subsection (a). 
The report shall include the following: 
(1) The number of the citations described in subsection 
(a), shown separately by principal jurisdiction. 
113 STAT. 758 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) An estimate of the total amount of the fines that are 
associated with those citations, shown separately by principal 
jurisdiction. 
(3) Any actions taken by the Secretary or recommendations 
that the Secretary considers appropriate to reduce the preva-
lence of such violations. 
(c) MOTOR VEHICLE LAWS.—For purposes of this section, the 
term "motor vehicle law" means a law (including a regulation, 
ordinance, or other measure) that regulates the operation or parking 
of a motor vehicle within the jurisdiction of the governmental entity 
establishing the law. 
(d) PRINCIPAL JURISDICTION.—For purposes of this section, the 
term "principal jurisdiction" means a State, territory, or Common-
wealth, the District of Columbia, or a foreign nation. 
Subtitle E—Information Security 
SEC. 1041. roENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR 
DECLASSIFICATION ACTIVITIES AND LIMITATION ON 
EXPENDITURES FOR SUCH ACTIVITIES. 
(a) IN GENERAL.—(1) Chapter 9 of title 10, United States Code, 
is amended by adding after section 229, as added by section 932(b), 
the following new section: 
''§ 230. Amounts for declassification of records 
"The Secretary of Defense shall include in the budget justifica-
tion materials submitted to Congress in support of the Department 
of Defense budget for any fiscal year (as submitted with the budget 
of the President under section 1105(a) of title 31) specific identifica-
tion, as a budgetary line item, of the amounts required to carry 
out programmed activities during that fiscal year to declassify 
records pursuant to Executive Order No. 12958 (50 U.S.C. 435 
note) or any successor Executive order or to comply with any 
statutory requirement, or any request, to declassify Government 
records.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 229, as 
added by section 932(b), the following new item: 
"230. Amounts for declassification of records.". 
(b) LIMITATION ON EXPENDITURES.—The total amount expended 
by the Department of Defense during fiscal year 2000 to carry 
out declassification activities under the provisions of section 3.4 
of Executive Order No. 12958 (50 U.S.C. 435 note) may not exceed 
the Department's planned expenditure level of $51,000,000. 
50 u s e 435 note. 
(c) CERTIFICATION REQUIRED WiTH RESPECT TO AUTOMATIC 
DECLASSIFICATION OF RECORDS.—No records of the Department of 
Defense that have not been reviewed for declassification shall be 
subject to automatic declassification unless the Secretary of Defense 
certifies to Congress that such declassification would not harm 
the national security. 
50 u s e 435 note. 
(d) REPORT ON AUTOMATIC DECLASSIFICATION OF DEPARTMENT 
Deadline. 
oF DEFENSE RECORDS.—Not later than February 1, 2001, the Sec-
retary of Defense shall submit to the Committee on Armed Services 
of the House of Representatives and the Committee on Armed 
Services of the Senate a report on the efforts of the Department 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 759 
of Defense relating to the declassification of classified records under 
the control of the Department of Defense. Such report shall include 
the following: 
(1) An assessment of whether the Department will be able 
to review all relevant records for declassification before any 
date established for automatic declassification. 
(2) An estimate of the cost of reviewing records to meet 
any requirement to review all relevant records for declassifica-
tion by a date established for automatic declassification. 
(3) An estimate of the number of records, if any, that 
the Department will be unable to review for declassification 
before any such date and the affect on national security of 
the automatic declassification of those records. 
(4) An estimate of the length of time by which any such 
date would need to be extended to avoid the automatic declas-
sification of records that have not yet been reviewed as of 
such date. 
SEC. 1042. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN 
SECURITY 
AND 
COUNTERINTELLIGENCE 
FAILURES 
WITHIN DEFENSE PROGRAMS. 
(a) IN GENERAL.—Chapter 161 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 2723. Notice to congressional committees of certain secu-
rity 
and 
counterintelligence 
failures 
within 
defense programs 
"(a) REQUIRED NOTIFICATION.—The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a notification of each security or counter-
intelligence failure or compromise of classified information relating 
to any defense operation, system, or technology of the United States 
that the Secretary considers likely to cause significant harm or 
damage to the national security interests of the United States. 
The Secretary shall consult with the Director of Central Intelligence 
and the Director of the Federal Bureau of Investigation, as appro-
priate, before submitting any such notification. 
"(b) MANNER OF NOTIFICATION.—Notification of a failure or 
compromise of classified information under subsection (a) shall be 
provided, in accordance with the procedures established pursuant 
to subsection (c), not later than 30 days after the date on which 
the Department of Defense determines that the failure or com-
promise has taken place. 
"(c) PROCEDURES.—The Secretary of Defense and the Commit-
tees on Armed Services of the Senate and House of Representatives 
shall each establish such procedures as may be necessary to protect 
from unauthorized disclosure classified information, information 
relating to intelligence sources and methods, and sensitive law 
enforcement information that is submitted to those committees 
pursuant to this section and that are otherwise necessary to carry 
out the provisions of this section. 
"(d) STATUTORY CONSTRUCTION.—(1) Nothing in this section 
shall be construed as authority to withhold any information fi"om 
the Committees on Armed Services of the Senate and House of 
Representatives on the grounds that providing the information to 
those committees would constitute the unauthorized disclosure of 
113 STAT. 760 
PUBLIC LAW 106-65—OCT. 5, 1999 
classified information, information relating to intelligence sources 
and methods, or sensitive law enforcement information. 
"(2) Nothing in this section shall be construed to modify or 
supersede any other requirement to report information on intel-
ligence activities to the Congress, including the requirement under 
section 501 of the National Security Act of 1947 (50 U.S.C. 413).". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2723. Notice to congressional committees of certain security and counterintel-
ligence failures within defense programs.". 
SEC. 1043. INFORMATION ASSURANCE INITIATIVE. 
(a) IN GENERAL.—Chapter 131 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§ 2224. Defense Information Assurance Program 
"(a) DEFENSE INFORMATION ASSURANCE PROGRAM.—The Sec-
retary of Defense shall carry out a program, to be known as the 
'Defense Information Assurance Program', to protect and defend 
Department of Defense information, information systems, and 
information networks that are critical to the Department and the 
armed forces during day-to-day operations and operations in times 
of crisis. 
"(b) OBJECTIVES OF THE PROGRAM.—The objectives of the pro-
gram shall be to provide continuously for the availability, integrity, 
authentication, confidentiality, nonrepudiation, and rapid restitu-
tion of information and information systems that are essential 
elements of the Defense Information Infrastructure. 
"(c) PROGRAM STRATEGY.—In carrying out the program, the 
Secretary shall develop a program strategy that encompasses those 
actions necessary to assure the readiness, reliability, continuity, 
and integrity of Defense information systems, networks, and infi*a-
structure. The program strategy shall include the following: 
"(1) A vulnerability and threat assessment of elements 
of the defense and supporting nondefense information infi'a-
structures that are essential to the operations of the Depart-
ment and the armed forces. 
"(2) Development of essential information assurances tech-
nologies and programs. 
"(3) Organization of the Department, the armed forces, 
and supporting activities to defend against information warfare. 
"(4) Joint activities of the Department with other depart-
ments and agencies of the Government, State and local agen-
cies, and elements of the national information infrastructure. 
"(5) The conduct of exercises, war games, simulations, 
experiments, and other activities designed to prepare the 
Department to respond to information warfare threats. 
"(6) Development of proposed legislation that the Secretary 
considers necessary for implementing the program or for other-
wise responding to the information warfare threat. 
"(d) COORDINATION.—In carrying out the program, the Secretary 
shall coordinate, as appropriate, with the head of any relevant 
Federal agency and with representatives of those national critical 
information infrastructure systems that are essential to the oper-
ations of the Department and the armed forces on information 
assurance measures necessary to the protection of these systems. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 761 
"(e) ANNUAL REPORT.—Each year, at or about the time the 
President submits the amiual budget for the next fiscal year pursu-
ant to section 1105 of title 31, the Secretary shall submit to Con-
gress a report on the Defense Information Assurance Program. 
Each report shall include the following: 
"(1) Progress in achieving the objectives of the program. 
"(2) A summary of the program strategy and any changes 
in that strategy. 
"(3) A description of the information assurance activities 
of the Office of the Secretary of Defense, Joint Staff, unified 
and specified commands, Defense Agencies, military depart-
ments, and other supporting activities of the Department of 
Defense. 
"(4) Program and budget requirements for the program 
for the past fiscal year, current fiscal year, budget year, and 
each succeeding fiscal year in the remainder of the current 
future-years defense program. 
"(5) An identification of critical deficiencies and shortfalls 
in the program. 
"(6) Legislative proposals that would enhance the capability 
of the Department to execute the program. 
"(f) INFORMATION ASSURANCE TEST BED.—The Secretary shall 
develop an information assurance test bed within the Department 
of Defense to provide— 
"(1) an integrated organization structure to plan and facili-
tate the conduct of simulations, war games, exercises, experi-
ments, and other activities to prepare and inform the Depart-
ment regarding information warfare threats; and 
"(2) organization and planning means for the conduct by 
the Department of the integrated or joint exercises and experi-
ments with elements of the national information systems infra-
structure and other non-Department of Defense organizations 
that are responsible for the oversight and management of crit-
ical information systems and infrastructures on which the 
Department, the armed forces, and supporting activities depend 
for the conduct of daily operations and operations during 
crisis.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2224. Defense Information Assurance Program.". 
SEC. 1044. NONDISCLOSURE OF INFORMATION ON PERSONNEL OF 
OVERSEAS, SENSITIVE, OR ROUTINELY DEPLOYABLE 
UNITS. 
(a) IN GENERAL.—Chapter 3 of title 10, United States Code, 
is amended by inserting after section 130a the following new section: 
"§ 130b. Personnel 
in 
overseas, 
sensitive, 
or 
routinely 
deployable 
units: nondisclosure 
of 
personally 
identifying information 
"(a) EXEMPTION FROM DISCLOSURE.—The Secretary of Defense 
and, with respect to the Coast Guard when it is not operating 
as a service in the Navy, the Secretary of Transportation may, 
notwithstanding section 552 of title 5, authorize to be withheld 
from disclosure to the public personally identifying information 
regarding— 
113 STAT. 762 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(1) any member of the armed forces assigned to an over-
seas unit, a sensitive unit, or a routinely deployable unit; 
and 
"(2) any employee of the Department of Defense or of 
the Coast Guard whose duty station is with any such unit. 
"(b) EXCEPTIONS.—(1) The authority in subsection (a) is subject 
to such exceptions as the President may direct. 
"(2) Subsection (a) does not authorize any official to withhold, 
or to authorize the withholding of, information from Congress. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'personally identifying information', with 
respect to any person, means the person's name, rank, duty 
address, and official title and information regarding the person's 
pay. 
"(2) The term 'unit' means a military organization of the 
armed forces designated as a unit by competent authority. 
"(3) The term 'overseas unit' means a unit that is located 
outside the United States and its territories. 
"(4) The term 'sensitive unit' means a unit that is primarily 
involved in training for the conduct of, or conducting, special 
activities or classified missions, including— 
"(A) a unit involved in collecting, handling, disposing, 
or storing of classified information and materials; 
"(B) a unit engaged in training— 
"(i) special operations units; 
"(ii) security group commands weapons stations; 
or 
"(iii) communications stations; and 
"(C) any other unit that is designated as a sensitive 
unit by the Secretary of Defense or, in the case of the 
Coast Guard when it is not operating as a service in 
the Navy, by the Secretary of Transportation. 
"(5) The term 'routinely deployable unit' means a unit 
that normally deploys from its permanent home station on 
a periodic or rotating basis to meet peacetime operational 
requirements that, or to participate in scheduled training exer-
cises that, routinely require deplojnnents outside the United 
States and its territories. Such term includes a unit that is 
alerted for deployment outside the United States and its terri-
tories during an actual execution of a contingency plan or 
in support of a crisis operation.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"130b. Personnel in overseas, sensitive, or routinely deployable units: nondisclosure 
of personally identifying information.". 
SEC. 1045. NONDISCLOSURE OF CERTAIN OPERATIONAL FILES OF 
THE NATIONAL IMAGERY AND MAPPING AGENCY. 
(a) AUTHORITY TO WITHHOLD.—Subchapter II of chapter 22 
of title 10, United States Code, is amended by adding at the end 
the following new section: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 763 
"§457. Operational files previously maintained by or con-
cerning 
activities 
of 
National 
Photographic 
Interpretation Center: authority to withhold from 
public disclosure 
"(a) AUTHORITY.—The Secretary of Defense may withhold from 
public disclosure operational files described in subsection (b) to 
the same extent that operational files may be withheld under section 
701 of the National Security Act of 1947 (50 U.S.C. 431). 
"(b) COVERED OPERATIONAL FILES.—The authority under sub-
section (a) applies to operational files in the possession of the 
National Imagery and Mapping Agency that— 
"(1) as of September 22, 1996, were maintained by the 
National Photographic Interpretation Center; or 
"(2) concern the activities of the Agency that, as of such 
date, were performed by the National Photographic Interpreta-
tion Center. 
"(c) OPERATIONAL FILES DEFINED.—In this section, the term 
'operational files' has the meaning given that term in section 701(b) 
of the National Security Act of 1947 (50 U.S.C. 431(b)).". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
"457. Operational files previously maintained by or concerning activities of National 
Photographic Interpretation Center: authority to withhold from public dis-
closure.". 
Subtitle F—^Memorial Objects and 
Commemorations 
SEC. 1051. MORATORIUM ON THE RETURN OF VETERANS MEMORIAL 
10 USC 2572 
OBJECTS TO FOREIGN NATIONS WITHOUT SPECIFIC 
note. 
AUTHORIZATION IN LAW. 
(a) PROHIBITION.—Notwithstanding section 2572 of title 10, 
United States Code, and any other provision of law, during the 
moratorium period specified in subsection (c) the President may 
not transfer a veterans memorial object to a foreign country or 
an entity controlled by a foreign government, or otherwise transfer 
or convey such an object to any person or entity for purposes 
of the ultimate transfer or conveyance of the object to a foreign 
country or entity controlled by a foreign government, unless such 
transfer is specifically authorized by law. 
(b) DEFINITIONS.—In this section: 
(1) ENTITY CONTROLLED BY A FOREIGN GOVERNMENT.—The 
term "entity controlled by a foreign government" has the 
meaning given that term in section 2536(c)(1) of title 10, United 
States Code. 
(2) VETERANS MEMORIAL OBJECT.—The term "veterans 
memorial object" means any object, including a physical struc-
ture or portion thereof, that— 
(A) is located at a cemetery of the National Cemetery 
System, war memorial, or military instsillation in the 
United States; 
(B) is dedicated to, or otherwise memorializes, the 
death in combat or combat-related duties of members of 
the United States Armed Forces; and 
113 STAT. 764 
PUBLIC LAW 106-65—OCT. 5, 1999 
(C) was brought to the United States from abroad 
as a memorial of combat abroad. 
(c) PERIOD OF MORATORIUM.—The moratorium period for the 
purposes of this section is the period beginning on the date of 
the enactment of this Act and ending on September 30, 2001. 
SEC. 1052. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE 
KOREAN WAR. 
(a) PERIOD OF PROGRAM.—Subsection (a) of section 1083 of 
the National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 111 Stat. 1918; 10 U.S.C. 113 note) is amended by 
striking "The Secretary of Defense" and inserting "During fiscal 
years 2000 through 2004, the Secretary of Defense". 
(b) CHANGE OF NAME.—(1) Subsection (c) of such section, as 
amended by section 1067 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (PubHc Law 105-261; 112 
10USC113note. Stat. 2134), is amended by striking "'The Department of Defense 
Korean War Commemoration'" and inserting "The United States 
of America Korean War Commemoration'". 
(2) The amendment made by paragraph (1) may not be con-
strued to supersede rights that are established or vested before 
the date of the enactment of this Act. 
(3) Any reference to the Department of Defense Korean War 
Commemoration in any law, regulation, document, record, or other 
paper of the United States shall be considered to be a reference 
to the United States of America Korean War Commemoration. 
10 use 113 note. 
(c) FUNDING.—Subsection (f) of such section is amended to 
read as follows: 
"(f) USE OF FUNDS.—(1) Funds appropriated for the Army for 
fiscal years 2000 through 2004 for operation and maintenance shall 
be available for the commemorative program authorized under sub-
section (a). 
"(2) The total amount expended by the Department of Defense 
through the Department of Defense 50th Anniversary of the Koregm 
War Commemoration Committee, an entity within the Department 
of the Army, to carry out the commemorative program authorized 
under subsection (a) for fiscal years 2000 through 2004 may not 
exceed $7,000,000.". 
10 use 113 note. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 1999. 
10 u s e 113 note. 
SEC. 1053. COMMEMORATION OF THE VICTORY OF FREEDOM IN THE 
COLD WAR. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Cold War between the United States and its allies 
and the former Union of Soviet Socialist Republics and its 
allies was the longest and most costly struggle for democracy 
and freedom in the history of mankind. 
(2) Whether millions of people all over the world would 
live in freedom hinged on the outcome of the Cold War. 
(3) Democratic countries bore the burden of the struggle 
and paid the costs in order to preserve and promote democracy 
and freedom. 
(4) The Armed Forces and the taxpayers of the United 
States bore the greatest portion of that burden and struggle 
in order to protect those principles. 
(5) Tens of thousands of United States soldiers, sailors, 
airmen. Marines paid the ultimate price during the Cold War 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 765 
in order to preserve the freedoms and liberties enjoyed in 
democratic countries. 
(6) The BerUn Wall erected in Berlin, Germany, epitomized 
the totalitarigmism that the United States struggled to eradi-
cate during the Cold War. 
(7) The fall of the Berhn Wall on November 9, 1989, was 
a major event of the Cold War. 
(8) The Soviet Union collapsed on December 25, 1991. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the President should issue a proclamation calling on the people 
of the United States to observe the victory in the Cold War with 
appropriate ceremonies and activities. 
(c) PARTICIPATION OF ARMED FORCES IN CELEBRATION OF END 
OF COLD WAR.—(1) Subject to paragraphs (2), (3), £ind (4), amounts 
authorized to be appropriated by section 301 may be available 
for costs of the Armed Forces in participating in a celebration 
of the end of the Cold War to be held in Washington, District 
of Columbia. 
(2) The total amount of funds available under paragraph (1) 
for the purpose set forth in that paragraph shall not exceed 
$5,000,000. 
(3) The Secretary of Defense may accept contributions from 
the private sector for the purpose of reducing the costs of the 
Armed Forces described in paragraph (1). The amount of funds 
available under paragraph (1) for the purpose set forth in that 
paragraph shall be reduced by an amount equal to the amount 
of contributions accepted by the Secretary under the preceding 
sentence. 
(4) The funding authorized in paragraph (1) shall not be avail-
able until 30 days after the date upon which the plan required 
by subsection (d) is submitted. 
(d) REPORT.—(1) The President shall transmit to Congress— 
(A) a report on the content of the proclamation referred 
to in subsection (b); and 
(B) a plan for appropriate ceremonies and activities. 
(2) The plan submitted under paragraph (1) shall include the 
following: 
(A) A discussion of the content, location, date, and time 
of each ceremony and activity included in the plan. 
(B) The funding allocated to support those ceremonies and 
activities. 
(C) The organizations and individuals consulted while 
developing the plan for those ceremonies and activities. 
(D) A list of private sector organizations and individuals 
that are expected to participate in each ceremony and activity. 
(E) A list of local. State, and Federal agencies that are 
expected to participate in each ceremony and activity. 
(e) COMMISSION ON VICTORY IN THE COLD WAR.—(1) There 
is hereby established a commission to be known as the "Commission 
on Victory in the Cold War". 
(2) The Commission shall be composed of twelve members, 
as follows: 
(A) Two shall be appointed by the President. 
(B) Three shall be appointed by the Speaker of the House 
of Representatives. 
(C) Two shall be appointed by the minority leader of the 
House of Representatives. 
113 STAT. 766 
PUBLIC LAW 106-65—OCT. 5, 1999 
(D) Three shall be appointed by the majority leader of 
the Senate. 
(E) Two shall be appointed by the minority leader of the 
Senate. 
(3) The Commission shall review and make recommendations 
regarding the celebration of the victory in the Cold War, to include 
the date of the celebration, usage of facilities, participation of the 
Armed Forces, and expenditure of funds. 
(4) The Secretary shall— 
(A) consult with the Commission on matters relating to 
the celebration of the victory in the Cold War; 
(B) reimburse Commission members for expenses relating 
to participation of Commission members in Commission activi-
ties from funds made available under subsection (c); and 
(C) provide the Commission with administrative support. 
(5) The Commission shall be co-chaired by two members as 
follows: 
(A) One selected by and from among those appointed pursu-
ant to subparagraphs (A), (C), and (E) of paragraph (2). 
(B) One selected by and from among those appointed pursu-
ant to subparagraphs (B) and (D) of paragraph (2). 
Subtitle G—Other Matters 
SEC. 1061. DEFENSE SCIENCE BOARD TASK FORCE ON USE OF TELE-
VISION AND RADIO AS A PROPAGANDA INSTRUMENT IN 
TIME OF MILITARY CONFLICT. 
(a) ESTABLISHMENT OF TASK FORCE.—The Secretary of Defense 
shall establish a task force of the Defense Science Board to 
examine— 
(1) the use of radio and television broadcasting as a propa-
ganda instrument in time of military conflict; and 
(2) the adequacy of the capabilities of the Armed Forces 
to make such uses of radio and television during conflicts 
such as the conflict in the Federal Republic of Yugoslavia 
in the spring of 1999. 
(b) DUTIES OF TASK FORCE.—The task force shall assess and 
develop recommendations as to the appropriate capabilities, if any, 
that the Armed Forces should have to broadcast radio and television 
into a region in time of military conflict so as to ensure that 
the general public in that region is exposed to the facts of the 
conflict. In making that assessment and developing those rec-
ommendations, the task force shall review the following: 
(1) The capabilities of the Armed Forces to develop 
programming and to make broadcasts that can reach a large 
segment of the general public in a country such as the Federal 
Republic of Yugoslavia. 
(2) The potential of various Department of Defense airborne 
or land-based mechanisms to have capabilities described in 
paragraph (1), including improvements to the EC-130 Com-
mando Solo aircraft and the use of other airborne platforms, 
unmanned aerial vehicles, and land-based transmitters in 
conjunction with satellites. 
(3) Other issues relating to the use of television and radio 
as a propaganda instrument in time of conflict. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 767 
(c) REPORT.—The task force shall submit to the Secretary of Deadlines. 
Defense a report containing its assessments and recommendations 
under subsection (b) not later than February 1, 2000. The Secretary 
shall submit the report, together with the comments and rec-
ommendations of the Secretary, to the congressional defense 
committees not later than March 1, 2000. 
SEC. 1062. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM RE-
ALLOCATION. 
(a) ASSESSMENT REQUIRED.—Part C of the National Tele-
communications and Information Administration Organization Act 
is amended by adding after section 155 the following new section: 
"SEC. 156. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM 
RE- 
47 USC 921 note. 
ALLOCATION. 
"(a) REVIEW AND ASSESSMENT OF ELECTROMAGNETIC SPECTRUM 
REALLOCATION.— 
"(1) REVIEW AND ASSESSMENT REQUIRED.—The Secretary 
of Commerce, acting through the Assistant Secretary and in 
coordination with the Chairman of the Federal Communications 
Commission, shall convene an interagency review and assess-
ment o
f
— 
"(A) the progress made in implementation of national 
spectrum planning; 
"(B) the reallocation of Federal Government spectrum 
to non-Federal use, in accordance with the amendments 
made by title VI of the Omnibus Budget Reconciliation 
Act of 1993 (PubHc Law 103-66; 107 Stat. 379) and title 
III of the Balanced Budget Act of 1997 (PubUc Law 105-
33; 111 Stat. 258); and 
"(C) the implications for such reallocations to the 
affected Federal executive agencies. 
"(2) COORDINATION.—The assessment shall be conducted 
in coordination with affected 
Federal executive 
agencies 
through the Interdepartmental Radio Advisory Committee. 
"(3) 
COOPERATION AND ASSISTANCE.—Affected 
Federal 
executive agencies shall cooperate with the Assistant Secretary 
in the conduct of the review and assessment and furnish the 
Assistant Secretary with such information, support, and assist-
ance, not inconsistent with law, as the Assistant Secretary 
may consider necessary in the performance of the review and 
assessment. 
"(4) ATTENTION TO PARTICULAR SUBJECTS REQUIRED.—In 
the conduct of the review and assessment, particular attention 
shall be given to— 
"(A) the effect on critical military and intelligence 
capabilities, civil space programs, and other Federal 
Government systems used to protect public safety of the 
reallocated spectrum described in paragraph (1)(B) of this 
subsection; 
"(B) the anticipated impact on critical military and 
intelligence capabilities, future military and intelligence 
operational requirements, national defense modernization 
programs, £ind civil space programs, and other Federal 
Government systems used to protect public safety, of future 
potential reallocations to non-Federal use of bands of the 
electromagnetic spectrum that are currently allocated for 
use by the Federal Government; and 
113 STAT. 768 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(C) future spectrum requirements of agencies in the 
Federal Government. 
Deadline. 
"(b) SUBMISSION OP REPORT.—The Secretary of Commerce, in 
coordination with the heads of the affected Federal executive agen-
cies, and the Chairman of the Federal Communications Commission 
shall submit to the President, the Committee on Armed Services 
and the Committee on Commerce, Science, and Transportation of 
the Senate, and the Committee on Armed Services, the Committee 
on Commerce, and the Committee on Science of the House of 
Representatives, not later than October 1, 2000, a report providing 
the results of the assessment required by subsection (a).". 
47 u s e 921 note. 
(b) SURRENDER OF DEPARTMENT OF DEFENSE SPECTRUM.— 
(1) IN GENERAL.—If, in order to make available for other 
use a band of frequencies of which it is a primary user, the 
Department of Defense is required to surrender use of such 
band of frequencies, the Department shall not surrender use 
of such band of frequencies until— 
(A) the National Telecommunications and Information 
Administration, in consultation with the Federal Commu-
nications Commission, identifies and makes available to 
the Department for its primary use, if necessary, an alter-
native band or bands of frequencies as a replacement for 
the band to be so surrendered; and 
(B) the Secretary of Commerce, the Secretary of 
Defense, and the Chairman of the Joint Chiefs of Staff 
jointly certify to the Committee on Armed Services and 
the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Armed Services and 
the Committee on Commerce of the House of Representa-
tives, that such alternative band or bands provides com-
parable technical characteristics to restore essential mili-
tary capability that will be lost as a result of the band 
of frequencies to be so surrendered. 
(2) EXCEPTION.—Paragraph (1) shall not apply to a band 
of frequencies that has been identified for reallocation in accord-
ance with title VI of the Omnibus Budget Reconciliation Act 
of 1993 (Pubhc Law 103-66; 107 Stat. 379) and title III of 
the Balanced Budget Act of 1997 (Public Law 105-33, 111 
Stat. 258), other than a band of frequencies that is reclaimed 
pursuant to subsection (c). 
47 u s e 921 note. 
(c) REASSIGNMENT TO FEDERAL GOVERNMENT FOR USE BY 
DEPARTMENT OF DEFENSE OF CERTAIN FREQUENCY SPECTRUM REC-
OMMENDED FOR REALLOCATION.—(1) Notwithstemding any provision 
of the National Telecommunications and Information Administra-
tion Organization Act or the Balanced Budget Act of 1997, the 
President shall reclaim for exclusive Federal Government use on 
a primary basis by the Department of Defense— 
(A) the bands of frequencies aggregating 3 megahertz 
located between 138 and 144 megahertz that were rec-
ommended for reallocation in the second reallocation report 
under section 113(a) of that Act; and 
(B) the band of frequency aggregating 5 megahertz located 
between 1385 megahertz and 1390 megahertz, inclusive, that 
was so recommended for reallocation. 
(2) Section 113(b)(3)(A) of the National Telecommunications 
and Information Administration Organization Act (47 U.S.C. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 769 
923(b)(3)(A)) is amended by striking "20 megahertz" and inserting 
"12 megahertz". 
SEC. 1063. EXTENSION 
AND 
REAUTHORIZATION 
OF 
DEFENSE 
PRODUCTION ACT OF 1950. 
(a) EXTENSION OF TERMINATION DATE.—Section 717(a) of the 
Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended 
by striking "September 30, 1999" and inserting "September 30, 
2000". 
(b) EXTENSION OF AUTHORIZATION.—Section 711(b) of such Act 
(50 U.S.C. App. 2161(b)) is amended by striking "the fiscal years 
1996, 1997, 1998, and 1999" and inserting "fiscal years 1996 
through 2000". 
SEC. 1064. PERFORMANCE OF THREAT AND RISK ASSESSMENTS. 
Section 1404 of the Defense Against Weapons of Mass Destruc-
tion Act of 1998 (title XIV of Public Law 105-261; 50 U.S.C. 2301 
note) is amended to read as follows: 
"SEC. 1404. THREAT AND RISK ASSESSMENTS. 
"(a) THREAT AND RISK ASSESSMENTS.—Assistance to Federal, 
State, and local agencies provided under the program under section 
1402 shall include the performance of assessments of the threat 
and risk of terrorist employment of weapons of mass destruction 
against cities and other local areas. Such assessments shall be 
used by Federal, State, and local agencies to determine the training 
and equipment requirements under this program and shall be per-
formed as a collaborative effort with State and local agencies. 
"(b) CONDUCT OF ASSESSMENTS.—The Department of Justice, 
as lead Federal agency for domestic crisis management in response 
to terrorism involving weapons of mass destruction, shall— 
"(1) conduct any threat and risk assessment performed 
under subsection (a) in coordination with appropriate Federal, 
State, and local agencies; and 
"(2) develop procedures and guidance for conduct of the 
threat and risk assessment in consultation with officials from 
the intelligence community.". 
SEC. 1065. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING. 
(a) AUTHORITY TO TRANSFER AGENTS.—(1) The Secretary of 
Defense may transfer to the Attorney General, in accordance with 
the Chemical Weapons Convention, quantities of lethal chemical 
agents required to support training at the Center for Domestic 
Preparedness in Fort McClellan, Alabama. The quantity of lethal 
chemical agents transferred under this section may not exceed 
that required to support training for emergency first-response per-
sonnel in addressing the health, safety, and law enforcement con-
cerns associated with potential terrorist incidents that might involve 
the use of lethal chemical 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 lethal chemical agents 
that shall be transferred under this section. Such amount shall 
be transferred from quantities of lethal chemical agents that are 
produced, acquired, or retained by the Department of Defense. 
(3) The Secretary of Defense may not transfer lethal chemical 
agents under this section until— 
113 STAT. 770 
PUBLIC LAW 106-65—OCT. 5, 1999 
(A) the Center referred to in paragraph (1) is transferred 
from the Department of Defense to the Department of Justice; 
and 
(B) the Secretary determines that the Attorney General 
is prepared to receive such agents. 
(4) To carry out the training described in paragraph (1) and 
other defensive training not prohibited by the Chemical Weapons 
Convention, the Secretary of Defense may transport lethal chemical 
agents from a Department of Defense facility in one State to a 
Department of Justice or Department of Defense facility in another 
State. 
(5) Quantities of lethal chemical agents transferred under this 
section shall meet all applicable requirements for transportation, 
storage, treatment, and disposal of such agents and for any resulting 
hazardous waste products. 
(b) ANNUAL REPORT.—The Secretary of Defense, in consultation 
with the Attorney General, shall report annually to Congress 
regarding the disposition of lethal chemical agents transferred 
under this section. 
(c) NON-lNTERFERENCE WiTH TREATY OBLIGATIONS.—Nothing 
in this section may be construed as interfering with United States 
treaty obligations under the Chemical Weapons Convention. 
(d) CHEMICAL WEAPONS CONVENTION DEFINED.—In this section, 
the term "Chemical Weapons Convention" means the Convention 
on the Prohibition of the Development, Production, Stockpiling and 
Use of Chemical Weapons and on Their Destruction, opened for 
signature on January 13, 1993. 
SEC. 1066. 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 "advice 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 inserting "October 17, 
1998". 
(4) Section 374(b) is amended— 
(A) in paragraph (1), by aligning subparagraphs (C) 
and (D) with subparagraphs (A) and (B); and 
(B) in paragraph (2)(F), by striking the second semi-
colon 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 inserting "February 
10, 1996". 
(6) Section 977(d)(2) is amended by striking "the lesser 
of and all that follows through "(B)". 
(7) Section 1073 is amended by inserting "(42 U.S.C. 14401 
et seq.)" before the period at the end of the second sentence. 
(8) Section 1076a(j)(2) is amended by striking "1 year" 
and inserting "one year". 
(9) Section 1370(d) is amended— 
(A) in paragraph (1), by striking "chapter 1225" and 
inserting "chapter 1223"; and 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 771 
(B) in paragraph (5), by striking "the date of the enact-
ment of this paragraph" and inserting "October 17, 1998,". 
(10) Section 1401a(b)(2) is amended— 
(A) by striking "MEMBERS" and all that follows through 
"The Secretary shall" and inserting "MEMBERS.—The Sec-
retary shall"; 
(B) by striking subparagraphs (B) and (C); and 
(C) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B) and realigning those subparagraphs, 
as so redesignated, so as to be indented four ems from 
the left margin. 
(11) 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". 
(12) 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,". 
(13) Section 1501(d) is amended by striking "prescribed" 
in the first sentence and inserting "described". 
(14) Section 1509(a)(2) is amended by striking "the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 1998" in subparagraphs (A) and (B) and 
inserting "November 18, 1997,". 
(15) Section 1513(1) is amended by striking ", under the 
circumstances specified in the last sentence of section 1509(a) 
of this title" and inserting "who is required by section 1509(a)(1) 
of this title to be considered a missing person". 
(16) Section 2208(1)(2)(A) is amended by inserting "of after 
"during a period". 
(17) 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 
"asofOctoberl7,1998". 
(18) Section 2302c(b) is amended by striking "section 2303" 
and inserting "section 2303(a)". 
(19) 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). 
(20) Section 2469a(c)(3) is amended by striking "the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 1998" and inserting "November 18,1997". 
(21) Section 2486(c) is amended by striking "the date of 
the enactment of the National Defense Authorization Act for 
Fiscal Year 1998," in the second sentence and inserting 
"November 18,1997,". 
(22) Section 2492(b) is amended by striking "the date of 
the enactment of this section" and inserting "October 17, 1998". 
(23) Section 2539b(a) is amended by striking "secretaries 
of the military departments" and inserting "Secretaries of the 
military departments". 
(24) Section 2641a is amended— 
113 STAT. 772 
PUBLIC LAW 106-65—OCT. 5, 1999 
(A) by striking ", United States Code," in subsection 
(b)(2); and 
(B) by striking subsection (d). 
(25) 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 para-
graphs (1) through (11) and inserting "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 paragraph (10) 
and inserting a period. 
(26) Section 2696 is amended— 
(A) in subsection (a), by inserting "enacted after 
December 31, 1997," after "any provision of law"; 
(B) in subsection (b)(1), by striking "required by para-
graph (1)" and inserting "referred to in subsection (a)"; 
and 
(C) in subsection (e)(4), by striking "the date of enact-
ment of the National Defense Authorization Act for Fiscal 
Year 1998" and inserting "November 18, 1997". 
(27) Section 2703(c) is amended by striking "United States 
Code,". 
(28) Section 2837(d)(2) is amended— 
(A) by inserting "and" at the end of subparagraph 
(A); 
(B) by striking "; and" at the end of subparagraph 
(B) and inserting a period; and 
(C) by striking subparagraph (C). 
(29) Section 7315(d)(2) is amended by striking "the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 1998" and inserting "November 18, 1997,". 
(30) Section 7902(e)(5) is amended by striking ", United 
States Code,". 
(31) 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". 
(32) Section 14301(g) is amended by striking "1 year" both 
places it appears and inserting "one year". 
(33) Section 16131(b)(1) is amended by inserting "in" after 
"Except as provided". 
Effective date. 
(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: 
10 use 691. 
(1) Section 402(b) (112 Stat. 1996) is amended by striking 
the third comma in the first quoted matter and inserting a 
period. 
(2) Section 511(b)(2) (112 Stat. 2007) is amended by striking 
"section 1411" and inserting "section 1402". 
10 use 1370. 
(3) Section 513(a) (112 Stat. 2007) is amended by striking 
"section 511" and inserting "section 512(a)". 
10 use 2012 
(4) Section 525(b) (112 Stat. 2014) is amended by striking 
note. 
"subsection (i)" and inserting "subsection (j)". 
46USCapp. 
(5) Section 568 (112 Stat. 2031) is amended by striking 
1295b. 
"1295(c)" in the matter preceding paragraph (1) and inserting 
"1295b(c)". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 773 
(6) Section 722(c) (112 Stat. 2067) is amended— 
10 USC1073 
(A) by striking "(1)" before "An individual is eligible"; note. 
(B) by redesignating subparagraphs (A), (B), (C), and 
(D) as paragraphs (1), (2), (3), and (4), respectively; and 
(C) in paragraph (4), as so redesignated, by striking 
"subsection (c)" and inserting "subsection (d)". 
(c) PUBLIC LAW 105-85.—The National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85) is amended as follows: 
(1) Section 557(b) (111 Stat. 1750) is amended by inserting 
10 USC 4318 
"to" after "with respect". 
note. 
(2) Section 563(b) (111 Stat. 1754) is amended by striking 
lo USC 113 note, 
"title" and inserting "subtitle". 
(3) Section 644(d)(2) (111 Stat. 1801) is amended by striking 
lO USC 1448 
"paragraphs (3) and (4)" and inserting "paragraphs (7) and note. 
(8)". 
(4) Section 934(b) (111 Stat. 1866) is amended by striking 
10 USC 1501 
"of after "matters concerning". 
note. 
(d) OTHER LAWS.— 
(1) Effective as of April 1, 1996, section 647(b) of the Effective date. 
National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106; 110 Stat. 370) is amended by inserting "of such 38 USC 1968. 
title" after "Section 1968(a)". 
(2) Section 414 of the National Defense Authorization Act 
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 
12001 note) is amended— 
(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 sentence 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 National 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 Authorization Act for 
Fiscal Year 1999" and inserting "October 17, 1998". 
(4) Section 113(b)(2) of title 32, United States Code, is 
amended by striking "the date of the enactment of this sub-
section" and inserting "October 17, 1998". 
(5) Section 1007(b) of title 37, United States Code, is 
amended by striking the second sentence. 
(6) Section 845(b)(1) of the National Defense Authorization 
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". 
(e) COORDINATION WITH OTHER AMENDMENTS.—For purposes 
lo use loi note, 
of applying amendments made by provisions of this Act other than 
provisions of this section, this section shall be treated as having 
been enacted immediately before the other provisions of this Act. 
113 STAT. 774 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 1067. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE 
ON NATIONAL SECURITY OF THE HOUSE OF REPRESENTA-
TIVES TO COMMITTEE ON ARMED SERVICES. 
The following provisions of law are amended by striking "Com-
mittee on National Security" each place it appears and inserting 
"Committee on Armed Services": 
10 use 113 et 
(1) Title 10, United States Code. 
se?- 
(2) Sections 301b(i)(2) and 431(d)(2) of title 37, United 
States Code. 
(3) The following provisions of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261): section 3, section 344(c)(3) (10 U.S.C. 113 note), 
section 571(f) (10 U.S.C. 520 note), section 722(b)(3)(A) (10 
U.S.C. 1073 note), section 723(d) (10 U.S.C. 1073 note), section 
724 (10 U.S.C. 1108 note), section 733(b)(3) (10 U.S.C. 1091 
note), section 741(c) (10 U.S.C. 1109 note), section 745(h) (10 
U.S.C. 1071 note), 803(c)(4) (10 U.S.C. 2306a note), section 
914, section 1007(f)(1), section 1101(g)(1) (5 U.S.C. 3104 note), 
section 1223(a) (22 U.S.C. 1928 note), section 1502(a) (22 U.S.C. 
2593a note), section 3124(d), section 3158(c) (42 U.S.C. 2121 
note), section 3159(d) (42 U.S.C. 2121 note), and section 
3161(d)(2) (50 U.S.C. 435 note). 
(4) The following provisions of the National 
Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85): 
112 Stat. 1935. 
section 3, section 349(g) (10 U.S.C. 2702 note), section 849(b) 
(10 U.S.C. 1731 note), section 1033(f)(4), section 1078(d) (50 
SOUSCapp. 
U.S.C. 1520a), section 1215(2), section 3124(d), and section 
2404 note. 
3140(a). 
(5) The following provisions of the National 
Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201): 
no Stat 2439. 
section 3, section 121(e)(1), section 270(a) (10 U.S.C. 2501 note), 
33 use 2406 
section 326(c), section 333(c), section 552(a), section 1042(a) 
note. 
(10 U.S.C. 113 note), section 1053(d), section 2827(b)(3), and 
section 3124(c). 
(6) The following provisions of the National 
Defense 
Authorization Act for Fiscal Year 1996 (PubHc Law 104^106): 
110 Stat. 204; 
section 3, section 131, section 234(f), section 279(b), section 
10 use 2431 
373(a), section 807(c) (10 U.S.C. 2401a note), section 822(e) 
(10 U.S.C. 2302 note), section 1011(d)(2), section 1205(a)(2) 
(22 U.S.C. 5955 note), section 3124(c), and section 3411 (10 
U.S.C. 7420 note). 
(7) Section 2922(b) of the National Defense Authorization 
Act for Fiscal Year 1994 (PubHc Law 103-160; 10 U.S.C. 2687 
note). 
(8) 
Sections 
326(a)(5) 
(10 
U.S.C. 
2302 
note) 
and 
1505(e)(2)(B) (22 U.S.C. 5859a) of the National 
Defense 
Authorization Act for Fiscal Year 1993 (PubKc Law 102-484). 
(9) Section 1097(a)(1) of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 22 
U.S.C. 2751 note). 
(10) The following provisions of the National Defense 
Authorization Act for Fiscal Year 1991 (PubHc Law 101-510): 
section 1403(d)(2) (50 U.S.C. 404b(d)(2)), section 1457(d)(2) (50 
U.S.C. 404c(d)(2)), section 2910(2) (10 U.S.C. 2687 note), and 
subsections (e)(3)(A) and (f)(2) of section 2921 (10 U.S.C. 2687 
note). 
note. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 775 
(11) Subsections (b)(4) and (k)(2) of section 1412 of the 
Department of Defense Authorization Act, 1986 (Public Law 
99-145; 50 U.S.C. 1521). 
(12) Section 
1002(d) of the Department 
of Defense 
Authorization Act, 1985 (PubUc Law 98-525; 22 U.S.C. 1928 
note). 
(13) Sections 6(d)(1) and 7(b) of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98e(d)(l), 98f(b)). 
(14) Section 8125(g)(2) of the Department of Defense Appro-
priations Act, 1989 (Pubhc Law 100-463; 10 U.S.C. 113 note). 
(15) Section 7606(b) of the Anti-Drug Abuse Act of 1988 
(Public Law 100-690; 10 U.S.C. 9441 note). 
(16) Sections 104(d)(5) and 109(c)(2) of the National Secu-
rity Act of 1947 (50 U.S.C. 403-4(d)(5), 404d(c)(2)). 
(17) Sections 8(b)(3) and 8(f)(1) of the Inspector General 
Act of 1978 (5 U.S.C. App.). 
(18) Section 204(h)(3) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 485(h)(3)). 
(19) Section 101(f)(3)(A) of the Sikes Act (16 U.S.C. 
670a(f)(3)(A)). 
(20) Section 103(c) of the High-Performance Computing 
Act of 1991 (15 U.S.C. 5513(c)). 
(21) Section 205(b)(1) of the Commercial Space Act of 1998 
(Pubhc Law 105-303; 42 U.S.C. 14734(b)(1)). 
(22) Section 506(c) of the Intelligence Authorization Act 
for Fiscal Year 1996 (Public Law 104-93; 109 Stat. 974). 
(23) Section 2(f) of the Wildfire Suppression Aircraft 
Transfer Act of 1996 (Pubhc Law 104-307; 10 U.S.C. 2576 
note). 
TITLE XI—DEPARTMENT OF DEFENSE 
CIVILIAN PERSONNEL 
Sec. 1101. Accelerated implementation of voluntary early retirement authority. 
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive employ-
ees. 
Sec. 1103. Restoration of leave of emergency essential employees serving in a com-
bat zone. 
Sec. 1104. Extension of certain temporary authorities to provide benefits for em-
ployees in connection with defense workforce reductions and restruc-
turing. 
Sec. 1105. Leave without loss of benefits for military reserve technicians on active 
duty in support of combat operations. 
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under section 
6323 of title 5, United States Code, may be used. 
Sec. 1107. Work schedules and premium pay of service academy faculty. 
Sec. 1108. Salary schedules and related benefits for faculty and staff of the Uni-
formed Services University of the Health Sciences. 
Sec. 1109. Exemption of defense laboratory employees from certain workforce man-
agement restrictions. 
SEC. 1101. ACCELERATED IMPLEMENTATION OF VOLUNTARY EARLY 
RETIREMENT AUTHORITY. 
Section 1109(d)(1) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 2145; 5 U.S.C. 8336 note) is amended by striking "October 
1, 2000" and inserting "October 1, 1999". 
113 STAT. 776 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 1102. 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 subsection: 
"(b) Subsection (a) shall not affect the authority of the Secretary 
of Defense or the Secretary of a military department to fix the 
pay of a civilian employee paid from nonappropriated funds, except 
that the annual rate of basic pay (including any portion of such 
pay attributable to comparability 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.". 
SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL 
EMPLOYEES SERVING IN A COMBAT ZONE. 
(a) SERVICE IN A COMBAT ZONE AS EXIGENCY OF THE PUBLIC 
BUSINESS.—Section 6304(d) of title 5, United States Code, is 
amended by adding at the end the following: 
"(4)(A) For the purpose of this subsection, service of a Depart-
ment of Defense emergency essential employee in a combat zone 
is an exigency of the public business for that employee. Any leave 
that, by reason of such service, is lost by the employee by operation 
of this section (regardless of whether such leave was scheduled) 
shall be restored to the employee and shall be credited and available 
in accordance with paragraph (2). 
"(B) As used in subparagraph (A)— 
"(i) the term 'Depsuiment of Defense emergency essential 
employee' means an employee of the Department of Defense 
who is designated under section 1580 of title 10 as an emer-
gency essential employee; and 
"(ii) the term 'combat zone' has the meaning given such 
term in section 112(c)(2) of the Internal Revenue Code of 1986.". 
(b) DESIGNATION OF EMERGENCY ESSENTIAL EMPLOYEES.—(1) 
Chapter 81 of title 10, United States Code, is amended by inserting 
after the table of sections at the beginning of such chapter the 
following new section 1580: 
•*§ 1580. Emergency essential employees: designation 
"(a) CRITERIA FOR DESIGNATION.—The Secretary of Defense or 
the Secretary of the military department concerned may designate 
as an emergency essential employee any employee of the Depart-
ment of Defense, whether permanent or temporary, the duties of 
whose position meet all of the following criteria: 
"(1) It is the duty of the employee to provide immediate 
and continuing support for combat operations or to support 
maintenance and repair of combat essential systems of the 
armed forces. 
"(2) It is necessary for the employee to perform that duty 
in a combat zone after the evacuation of nonessential personnel, 
including any dependents of members of the armed forces, 
fi"om the zone in connection with a war, a national emergency 
declared by Congress or the President, or the commencement 
of combat operations of the armed forces in the zone. 
"(3) It is impracticable to convert the employee's position 
to a position authorized to be filled by a member of the armed 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 777 
forces because of a necessity for that duty to be performed 
without interruption. 
"(b) 
ELIGIBILITY OF EMPLOYEES OF NONAPPROPRIATED FUND 
INSTRUMENTALITIES.—A 
nonappropriated 
fund 
instrumentahty 
employee is eUgible for designation as an emergency essential 
employee under subsection (a). 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'combat zone' has the meaning given that 
term in section 112(c)(2) of the Internal Revenue Code of 1986. 
"(2) The term 'nonappropriated 
fiind 
instrumentality 
employee' has the meaning given that term in section 1587(a)(1) 
of this title.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting before the item relating to section 1581 
the following: 
"1580. Emergency essential employees: designation.". 
SEC. 1104. EXTENSION OF CERTAIN TEMPORARY AUTHORITIES TO 
PROVIDE BENEFITS FOR EMPLOYEES IN CONNECTION 
WITH DEFENSE WORKFORCE REDUCTIONS AND RESTRUC-
TURING. 
(a) LuMP-SuM PAYMENT OF SEVERANCE PAY.—Section 5595(i)(4) 
of title 5, United States Code, is amended by striking "the date 
of the enactment of the National Defense Authorization Act for 
Fiscal Year 1996 and before October 1, 1999" and inserting "Feb-
ruary 10, 1996, and before October 1, 2003". 
(b) VOLUNTARY SEPARATION INCENTIVE.—Section 5597(e) of 
such title is amended by striking "September 30, 2001" and 
inserting "September 30, 2003". 
(c) 
CONTINUATION 
OF 
F E H B P 
ELIGIBILITY.—Section 
8905a(d)(4)(B) of such title is amended by striking clauses (i) and 
(ii) and inserting the following: 
"(i) October 1, 2003; or 
"(ii) February 1, 2004, if specific notice of such separation 
was given to such individual before October 1, 2003.". 
SEC. 1105. LEAVE WITHOUT LOSS OF BENEFITS FOR MILITARY 
RESERVE TECHNICIANS ON ACTIVE DUTY IN SUPPORT 
OF COMBAT OPERATIONS. 
(a) ELIMINATION OF RESTRICTION TO SITUATIONS INVOLVING 
NONCOMBAT OPERATIONS.—Section 6323(d)(1) of title 5, United 
States Code, is amended by striking "noncombat". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 5 USC 6323 note, 
shall take effect on the date of the enactment of this Act and 
shall apply with respect to days of leave under section 6323(d)(1) 
of title 5, United States Code, on or after that date. 
SEC. 1106. 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(a)(1) 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 subsection (a) 
5 use 6323 note, 
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. 
69-194-01 -26:QL3Part 1 
113 STAT. 778 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 1107. WORK 
SCHEDULES 
AND 
PREMIUM 
PAY 
OF 
SERVICE 
ACADEMY FACULTY. 
(a) UNITED STATES MILITARY ACADEMY.—Section 4338 of title 
10, United States Code, is amended by adding at the end the 
following new subsection (c): 
"(c) The Secretary of the Army may, notwithstanding the provi-
sions of subchapter V of chapter 55 of title 5 or section 6101 
of such title, prescribe for persons employed under this section 
the following: 
"(1) The work schedule, including hours of work and tours 
of duty, set forth with such specificity and other characteristics 
as the Secretary determines appropriate. 
"(2) Any premium pay or compensatory time off for hours 
of work or tours of duty in excess of the regularly scheduled 
hours or tours of duty.". 
(b) UNITED STATES NAVAL ACADEMY.—Section 6952 of title 
10, United States Code, is amended by— 
(1) redesignating subsection (c) as subsection (d); and 
(2) inserting after subsection (b) the following new sub-
section (c): 
"(c) The Secretary of the Navy may, notwithstanding the provi-
sions of subchapter V of chapter 55 of title 5 or section 6101 
of such title, prescribe for persons employed under this section 
the following: 
"(1) The work schedule, including hours of work and tours 
of duty, set forth with such specificity and other characteristics 
as the Secretary determines appropriate. 
"(2) Any premium pay or compensatory time off for hours 
of work or tours of duty in excess of the regularly scheduled 
hours or tours of duty.". 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9338 of title 
10, United States Code, is amended by adding at the end the 
following new subsection (c): 
"(c) The Secretary of the Air Force may, notwithstanding the 
provisions of subchapter V of chapter 55 of title 5 or section 6101 
of such title, prescribe for persons employed under this section 
the following: 
"(1) The work schedule, including hours of work and tours 
of duty, set forth with such specificity and other characteristics 
as the Secretary determines appropriate. 
"(2) Any premium pay or compensatory time off for hours 
of work or tours of duty in excess of the regularly scheduled 
hours or tours of duty.". 
SEC. 1108. SALARY SCHEDULES AND RELATED BENEFITS FOR FAC-
ULTY AND STAFF OF THE UNIFORMED SERVICES UNIVER-
SITY OF THE HEALTH SCIENCES. 
Section 2113(f) of title 10, United States Code, is amended 
by adding at the end the following: 
"(3) The limitations in section 5373 of title 5 do not apply 
to the authority of the Secretary under paragraph (1) to prescribe 
salary schedules and other related benefits.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 779 
SEC. 1109. EXEMPTION OF DEFENSE LABORATORY EMPLOYEES FROM 
CERTAIN WORKFORCE MANAGEMENT RESTRICTIONS. 
Section 342(b) of the National Defense Authorization Act for 
Fiscal Year 1995 (Pubhc Law 103-337; 108 Stat. 2721) is amended 
by adding at the end the following new paragraph: 
"(4) The employees of a laboratory covered by a personnel 
demonstration project carried out under this section shall be exempt 
from, and may not be counted for the purposes of, any constraint 
or limitation in a statute or regulation in terms of supervisory 
ratios or maximum number of employees in any specific category 
or categories of emplo3anent that may otherwise be applicable to 
the employees. The employees shall be managed by the director 
of the laboratory subject to the supervision of the Under Secretary 
of Defense for Acquisition, Technology, and Logistics.". 
TITLE XII—MATTERS RELATING TO 
OTHER NATIONS 
Subtitle A—^Matters Relating to the People's Republic of China 
Sec. 1201. Limitation on military-to-military exchanges and contacts with Chinese 
People's Liberation Army. 
Sec. 1202. Annual report on military power of the People's Republic of China. 
Subtitle B—Matters Relating to the Balkans 
Sec. 1211. Department of Defense report on the conduct of Operation Allied Force 
and associated relief operations. 
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution of war 
crimes, genocide, and crimes against humanity in the former Republic 
of Yugoslavia. 
Subtitle C—Matters Relating to NATO and Other Allies 
Sec. 1221. Legal effect of the new strategic concept of NATO. 
Sec. 1222. Report on allied capabilities to contribute to major theater wars. 
Sec. 1223. Attendance at professional military education schools by military per-
sonnel of the new member nations of NATO. 
Subtitle D—Other Matters 
Sec. 1231. Multinational economic embargoes against governments in armed con-
flict with the United States. 
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during fiscal year 
2000 and congressional notice of deployments to Haiti. 
Sec. 1233. Report on the security situation on the Korean peninsula. 
Sec. 1234. Sense of Congress regarding the continuation of sanctions against Libya. 
Sec. 1235. Sense of Congress and report on disengaging from noncritical overseas 
missions involving United States combat forces. 
Subtitle A—Matters Relating to the 
People's Republic of China 
SEC. 1201. LIMITATION ON MILITARY-TO-MILITARY EXCHANGES AND 10 USC 168 note. 
CONTACTS WITH CHINESE PEOPLE'S LIBERATION ARMY. 
(a) LIMITATION.—The Secretary of Defense may not authorize 
any miUtary-to-miUtary exchange or contact described in subsection 
(b) to be conducted by the armed forces with representatives of 
the People's Liberation Army of the People's Republic of China 
if that exchange or contact would create a national security risk 
due to an inappropriate exposure specified in subsection (b). 
(b) 
COVERED 
EXCHANGES 
AND CONTACTS.—Subsection 
(a) 
applies to any military-to-military exchange or contact that includes 
inappropriate exposure to any of the following: 
113 STAT. 780 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) Force projection operations. 
(2) Nuclear operations. 
(3) Advanced combined-arms and joint combat operations. 
(4) Advanced logistical operations. 
(5) Chemical and biological defense and other capabilities 
related to weapons of mass destruction. 
(6) Surveillance and reconnaissance operations. 
(7) Joint warfighting experiments and other activities 
related to a transformation in warfare. 
(8) Military space operations. 
(9) Other advanced capabilities of the Armed Forces. 
(10) Arms sales or military-related technology transfers. 
(11) Release of classified or restricted information. 
(12) Access to a Department of Defense laboratory. 
(c) EXCEPTIONS.—Subsection (a) does not apply to any search-
and-rescue or humanitarian operation or exercise. 
Deadline. 
(d) ANNUAL CERTIFICATION BY SECRETARY.—The S e c r e t a r y of 
Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives, not later than December 31 each year, a certifi-
cation in writing as to whether or not any military-to-military 
exchange or contact during that calendar year was conducted in 
violation of subsection (a). 
Deadline. 
(e) ANNUAL REPORT.—Not later than March 31 each year begin-
ning in 2001, the Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a report providing 
the Secretary's assessment of the current state of military-to-mili-
tary exchanges and 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 sum-
mary of topics discussed and questions asked by the Chinese 
participants in those contacts. 
(2) A description of the military-to-military exchanges and 
contacts scheduled for the next 12-month period and a plan 
for future contacts and exchanges. 
(3) The Secretary's assessment of the benefits the Chinese 
expect to gain from those military-to-military exchanges and 
contacts. 
(4) The Secretary's assessment of the benefits the Depart-
ment of Defense expects to gain from those military-to-military 
exchanges and contacts. 
(5) The Secretary's assessment of how military-to-military 
exchanges and contacts with the People's Liberation Army fit 
into the larger security relationship between the United States 
and the People's Republic of China. 
(f) 
REPORT OF PAST MILITARY-TO-MILITARY EXCHANGES AND 
Deadline. 
CONTACTS WiTH THE PRC—Not later than March 31, 2000, 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 Representatives a report on past military-to-military 
exchanges and contacts between the United States and the People's 
Republic of China. The report shall be unclassified, but may contain 
a classified annex, and shall include the following: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 781 
(1) A list of the general and flag grade officers of the 
People's Liberation Army who have visited United States mili-
tary installations since Jsinuary 1, 1993. 
(2) The itinerary of the visits referred to in paragraph 
(2), including the installations visited, the duration of the visits, 
and the activities conducted during the visits. 
(3) The involvement, if any, of the general and flag officers 
referred to in paragraph (1) in the Tiananmen Square massacre 
of June 1989. 
(4) A list of the facilities in the People's Republic of China 
that United States military officers have visited as a result 
of any military-to-military 
exchange or contact 
program 
between the United States and the People's Republic of China 
since January 1, 1993. 
(5) A list of facilities in the People's Republic of China 
that have been the subject of a requested visit by the Depart-
ment of Defense that has been denied by People's Republic 
of China authorities. 
(6) A list of facilities in the United States that have been 
the subject of a requested visit by the People's Liberation 
Army that has been denied by the United States. 
(7) Any official documentation (such as memoranda for 
the record, after-action reports, and final itineraries) and all 
receipts for expenses over $1,000, concerning military-to-mili-
tary exchanges or contacts between the United States and 
the People's Republic of China in 1999. 
(8) A description of military-to-military exchanges or con-
tacts between the United States and the People's Republic 
of China scheduled for 2000. 
(9) An assessment regarding whether or not any People's 
Republic of China military officials have been shown classified 
material as a result of military-to-military exchanges or con-
tacts between the United States and the People's Republic 
of China. 
SEC. 1202. ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S 
10 USC 113 note. 
REPUBLIC OF CHINA-
(a) ANNUAL REPORT.—Not later than March 1 each year, the Deadline. 
Secretary of Defense shall submit to the specified congressional 
committees a report, in both classified and unclassified form, on 
the current and future military strategy of the People's Republic 
of China. The report shall address the current and probable future 
course of military-technological development on the People's Libera-
tion Army and the tenets and probable development of Chinese 
grand strategy, security strategy, and military strategy, and of 
military organizations and operational concepts, through the next 
20 years. 
(b) MATTERS TO BE INCLUDED.—Each report under this section 
shall include analyses and forecasts of the following: 
(1) The goals of Chinese grand strategy, security strategy, 
and military strategy. 
(2) Trends in Chinese strategy that would be designed 
to establish the People's Republic of China as the leading 
political power in the Asia-Pacific region and as a political 
/ 
and military presence in other regions of the world. 
/ 
(3) The security situation in the Taiwan Strait. 
(4) Chinese strategy regarding Taiwan. 
113 STAT. 782 
PUBLIC LAW 106-65—OCT. 5, 1999 
(5) The size, location, and capabilities of Chinese strategic, 
land, sea, and air forces, including detailed analysis of those 
forces facing Taiwan. 
(6) Developments in Chinese military doctrine, focusing 
on (but not limited to) efforts to exploit a transformation in 
military affairs or to conduct preemptive strikes. 
(7) Efforts, including technology transfers and espionage, 
by the People's Republic of China to develop, acquire, or gain 
access 
to information, 
communication, 
space 
and 
other 
advanced technologies that would enhance military capabilities. 
(8) An assessment of any challenges during the preceding 
year to the deterrent forces of the Republic of China on Taiwan, 
consistent with the commitments made by the United States 
in the Taiwan Relations Act (Public Law 96-8). 
(c) SPECIFIED CONGRESSIONAL COMMITTEES.—For purposes of 
this section, the term "specified congressional committees" means 
the following: 
(1) The Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
(2) The Committee on Armed Services and the Committee 
on International Relations of the House of Representatives. 
Subtitle B—Matters Relating to the 
Balkans 
SEC. 1211. DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT OF 
OPERATION ALLIED FORCE AND ASSOCIATED RELIEF 
OPERATIONS. 
Deadline. 
(a) REPORT REQUIRED.—(1) Not later than January 31, 2000, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the conduct of military operations conducted 
as part of Operation Allied Force and relief operations associated 
with that operation. The Secretary shall submit to those committees 
a preliminary report on the conduct of those operations not later 
than October 15, 1999. The report (including the preliminary report) 
shall be prepared in consultation with the Chairman of the Joint 
Chiefs of Staff and the Commander in Chief, United States Euro-
pean Command. 
(2) In this section, the term "Operation Allied Force" means 
operations of the North Atlantic Treaty Organization (NATO) con-
ducted against the Federal Republic of Yugoslavia (Serbia £ind 
Montenegro) during the period beginning on March 24, 1999, and 
ending with the suspension of bombing operations on Jime 10, 
1999, to resolve the conflict with respect to Kosovo. 
(b) DISCUSSION OF ACCOMPLISHMENTS AND SHORTCOMINGS.— 
The report (and the preliminary report, to the extent feasible) 
shall contain a discussion, with a particular emphasis on accom-
plishments and shortcomings, of the following matters: 
(1) The national security interests of the United States 
that were threatened by the deteriorating political and military 
situation in the Province of Kosovo, Republic of Serbia, in 
the country of the Federal Republic of Yugoslavia (Serbia and 
Montenegro). 
(2) Tlie factors leading to the decision by the United States 
and NATO to issue an ultimatum in October 1998 that force 
would be used against the Federal Republic of Yugoslavia 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 783 
unless certain conditions were met, and the planning of a 
military operation to execute that ultimatum. 
(3) The political and military objectives of the United States 
and NATO in the conflict with the Federal Republic of Yugo-
slavia. 
(4) The military strategy of the United States and NATO 
to achieve those political and military objectives. 
(5) An analysis of the decisionmaking process of NATO 
and the effect of that decisionmaking process on the conduct 
of military operations. 
(6) An analysis of the decision not to include a ground 
component in Operation Allied Force (to include a detailed 
explanation of the political and military factors involved in 
that decision) and the effect of that decision on the conduct 
of military operations. 
(7) The deployment of United States forces and the 
transportation of supplies to the theater of operations, including 
an assessment of airlift and sealift, with a specific assessment 
of the deployment of Task Force Hawk. 
(8) The conduct of military operations, including a specific 
assessment of each of the following: 
(A) The effects of the graduated, incremental pace of 
the military operations. 
(B) The process for identifying, nominating, selecting 
and verifying targets to be attacked during Operation Allied 
Force, including an analysis of the factors leading to the 
bombing of the Embassy of the People's Republic of China 
in Belgrade. 
(C) The loss of aircraft and the accuracy of bombing 
operations. 
(D) The decoy and deception operations and counter-
intelligence techniques used by the Yugoslav military. 
(E) The use of high-demand, low-density assets in 
Operation Allied Force in terms of inventory, capabilities, 
deficiencies, and ability to provide logistical support. 
(F) A comparison of the military capabilities of the 
United States and of the allied participants in Operation 
Allied Force. 
(G) Communications and operational security of NATO 
forces. 
(H) The effect of adverse weather on the performance 
of weapons and supporting systems. 
(I) The decision not to use in the air campaign the 
Apache attack helicopters deployed as part of Task Force 
Hawk. 
(9) The conduct of relief operations by United States and 
allied military forces and the effect of those relief operations 
on military operations. 
(10) The ability of the United States during Operation 
Allied Force to conduct other operations required by the 
national defense strategy, including an analysis of the transfer 
of operational assets from other United States unified com-
mands to the European Command for participation in Operation 
Allied Force and the effect of those transfers on the readiness, 
warfighting capability, and deterrence posture of those com-
mands. 
113 STAT. 784 
PUBLIC LAW 106-65—OCT. 5, 1999 
(11) The use of special operations forces, including oper-
ational and intelligence activities classified under special access 
procedures. 
(12) The effectiveness of intelligence, surveillance, and 
reconnaissance support to operational forces, including an 
assessment of battle damage assessment of fixed and mobile 
targets prosecuted during the air campaign, estimates of Yugo-
slav forces and equipment in Kosovo, and information related 
to Kosovar refugees and internally displaced persons. 
(13) The use and performance of United States and NATO 
military equipment, weapon systems, and munitions (including 
items classified under special access procedures) and an anal-
ysis o
f
— 
(A) any equipment or capabilities that were in research 
and development and if available could have been used 
in the theater of operations; 
(B) any equipment or capabilities that were available 
and could have been used but were not introduced into 
the theater of operations; £ind 
(C) the compatibility of command, control, and commu-
nications equipment and the ability of United States air-
craft to operate with aircraft of other nations without deg-
radation of capabilities or protection of United States forces. 
(14) The scope of logistics support, including support from 
other nations, with particular emphasis on the availability and 
adequacy of foreign air bases. 
(15) The role of contractors to provide support and mainte-
nance in the theater of operations. 
(16) The acquisition policy actions taken to support the 
forces in the theater of operations. 
(17) The personnel management actions taken to support 
the forces in the theater of operations. 
(18) The 
effiectiveness 
of reserve 
component 
forces, 
including their use and performance in the theater of oper-
ations. 
(19) A legal analysis, including (A) the legal basis for 
the decision by NATO to use force, and (B) the role of the 
law of armed conflict in the planning £ind execution of military 
operations by the United States and the other NATO member 
nations. 
(20) The cost to the Department of Defense of Operation 
Allied Force and associated relief operations, together with 
the Secretary's plan to refiirbish or replace ordnance and other 
military equipment expended or destroyed during the oper-
ations. 
(21) A description of the most critical lessons learned that 
could lead to long-term doctrinal, organizational, and techno-
logical changes. 
(c) CLASSIFICATION OF REPORT.—The Secretary of Defense shall 
submit both the report and the preliminary report in a classified 
form and an unclassified form. 
SEC. 1212. SENSE OF CONGRESS REGARDING THE NEED FOR VIG-
OROUS PROSECUTION OF WAR CRIMES, GENOCIDE, AND 
CRIMES AGAINST HUMANITY IN THE FORMER REPUBLIC 
OF YUGOSLAVIA. 
(a) FINDINGS.—Congress makes the following findings: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 785 
(1) The United Nations Security Council created the Inter-
national Criminal Tribunal for the former Yugoslavia (in this 
section referred to as the "ICTY") by resolution on May 25, 
1993. 
(2) Although the ICTY has indicted 89 people since its 
creation, those indictments have only resulted in the trial and 
conviction of 8 criminals. 
(3) The ICTY has jurisdiction to investigate grave breaches 
of the 1949 Geneva Conventions (Article 2), violations of the 
laws or customs of war (Article 3), genocide (Article 4), and 
crimes against humanity (Article 5). 
(4) The Chief Prosecutor of the ICTY, Justice Louise 
Arbour, stated on July 7, 1998, to the Contact Group for the 
former Yugoslavia, that "[t]he Prosecutor believes that the 
nature and scale of the fighting indicate that an 'armed conflict', 
within the meaning of international law, exists in Kosovo. 
As a consequence, she intends to bring charges for crimes 
against humanity or war crimes, if evidence of such crimes 
is established". 
(5) Reports from Kosovar Albanian refugees 
provide 
detailed accounts of systematic efforts to displace the entire 
Muslim population of Kosovo. 
(6) In furtherance of this plan, Serbian troops, police, and 
paramilitary forces have engaged in detention and summary 
execution of men of all ages, wanton destruction of civilian 
housing, forcible expulsions, mass executions in at least 60 
villages and towns, as well as widespread rape of women and 
young girls. 
(7) These reports of atrocities provide prima facie evidence 
of war crimes and crimes against humanity, as well as possible 
genocide. 
(8) Any criminal investigation is best served by the deposi-
tions and interviews of witnesses as soon after the commission 
of the crime as possible. 
(9) The indictment, arrest, and trial of war criminals would 
provide a significant deterrent to further atrocities. 
(10) The ICTY has issued 14 international warrants for 
war crimes suspects that have yet to be served, despite knowl-
edge of the suspects' whereabouts. 
(11) Vigorous prosecution of war crimes after the conflict 
in Bosnia may have prevented the ongoing atrocities in Kosovo. 
(12) Investigative reporters have identified specific docu-
mentary evidence implicating the Serbian leadership in the 
commission of war crimes. 
(13) NATO forces and forensic teams deployed in Kosovo 
have uncovered physical evidence of war crimes, including mass 
graves. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States, in coordination with other United 
Nations member states, should provide sufficient resources for 
an expeditious and thorough investigation of allegations of the 
atrocities and war crimes committed in Kosovo; 
(2) the United States, through its intelligence services, 
should provide all possible cooperation in the gathering of evi-
dence of sufficient specificity and credibility to secure the indict-
ment of those responsible for the commission of war crimes. 
113 STAT. 786 
PUBLIC LAW 106-65—OCT. 5, 1999 
crimes against humanity, and genocide in the former Yugo-
slavia; 
(3) where evidence warrants, indictments for war crimes, 
crimes against humanity, and genocide should be issued against 
suspects regardless of their position within the Serbian leader-
ship; 
(4) the United States and all nations have an obligation 
to honor arrest warrants issued by the ICTY and should use 
all appropriate means to apprehend and bring to justice through 
the ICTY individuals who are already under indictment; 
(5) any final settlement regarding Kosovo should not bar 
the indictment, apprehension, or prosecution of persons accused 
of war crimes, crimes against humanity, or genocide committed 
during operations in Kosovo; and 
(6) President Slobodan Milosevic should be held accountable 
for his actions while President of the Federal Republic of Yugo-
slavia or President of the Republic of Serbia in initiating four 
armed conflicts and taking actions leading to the deaths of 
tens of thousands of people and responsibility for murder, rape, 
terrorism, destruction, and ethnic cleansing. 
Subtitle C—Matters Relating to NATO and 
Other Allies 
SEC. 1221. LEGAL EFFECT OF THE NEW STRATEGIC CONCEPT OF 
NATO. 
President. 
(a) CERTIFICATION REQUIRED.—Not later than 30 days after 
Deadline. 
the date of the enactment of this Act, the President shall determine 
and certify to the Congress whether or not the new Strategic Con-
cept of NATO imposes any new commitment or obligation on the 
United States. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that, 
if the President certifies under subsection (a) that the new Strategic 
Concept of NATO imposes any new commitment or obligation on 
the United States, the President should submit the new Strategic 
Concept of NATO to the Senate as a treaty for the Senate's advice 
and consent to ratification under article II, section 2, clause 2 
of the Constitution. 
(c) REPORT.—Together with the certification made under sub-
section (a), the President shall submit to the Congress a report 
containing an analysis of the potential threats facing the North 
Atlantic Treaty Organization in the first decade of the next millen-
nium, with particular reference to those threats facing a member 
nation, or several member nations, where the commitment of NATO 
forces will be "out of area" or beyond the borders of NATO member 
nations. 
(d) DEFINITION.—For the purposes of this section, the term 
"new Strategic Concept of NATO" means the document approved 
by the Heads of State and Government participating in the meeting 
of the North Atlantic Council in Washington, DC, on April 23 
and 24, 1999. 
SEC. 1222. REPORT ON ALLIED CAPABILITIES TO CONTRIBUTE TO 
MAJOR THEATER WARS. 
(a) REPORT.—The Secretary of Defense shall prepare a report, 
in both classified and unclassified form, on the current military 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 787 
capabilities of allied nations to contribute to the successful conduct 
of the major theater wars as anticipated 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 Quadrennial Defense Review. 
(2) The priority accorded in the national military strategies 
and defense programs of the anticipated allies to contributing 
forces to United States-led coalitions in such major theater 
wars. 
(3) The missions currently being conducted by the armed 
forces of the anticipated allies and the ability of the allied 
armed forces to conduct simultaneously 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 sustaining such a deployment or redeployment. 
(5) Any Department of Defense assumptions about the 
combat missions to be executed by such allied forces in the 
event of major theater war. 
(6) The readiness of allied armed forces to execute any 
such missions. 
(7) Any risks to the successful execution of the military 
missions called for under the National Military Strategy of 
the United States related to the capabilities of allied armed 
forces. 
(c) SUBMISSION OF REPORT.—The report shall be submitted Deadline, 
to Congress not later than June 1, 2000. 
SEC. 1223. ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION 
lOUSCnote 
SCHOOLS 
BY MILITARY PERSONNEL 
OF 
THE 
NEW 
prec. 2161. 
MEMBER NATIONS OF NATO. 
(a) FINDING.—Congress finds that it is in the national interest 
of the United States to fully integrate Poland, Hungary, and the 
Czech Republic (the new member nations of the North Atlantic 
Treaty Organization) into the NATO alliance as quickly as possible. 
(b) MILITARY EDUCATION AND TRAINING PROGRAMS.—The Sec-
retary of each military department shall give due consideration 
to according a high priority to the attendance of military personnel 
of Poland, Hungary, and the Czech Republic at professional military 
education schools and training programs in the United States, 
including the United States Military Academy, the United States 
Naval Academy, the United States Air Force Academy, the National 
Defense University, the war colleges of the Armed Forces, the 
command and general staff officer courses of the Armed Forces, 
and other schools and training programs of the Armed Forces 
that admit personnel of foreign armed forces. 
113 STAT. 788 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle D—Other Matters 
President. 
Deadline. 
50 u s e 1707. 
SEC. 1231. MULTINATIONAL ECONOMIC EMBARGOES AGAINST GOV-
ERNMENTS IN ARMED CONFLICT WITH THE UNITED 
STATES. 
(a) POLICY ON THE ESTABLISHMENT OF EMBARGOES.—It is 
the 
policy of the United States, that upon the use of the Armed Forces 
of the United States to engage in hostihties against any foreign 
country, the President shall, as appropriate— 
(1) seek the establishment of a multinational economic 
embargo against such country; and 
(2) seek the seizure of its foreign financial assets. 
(b) REPORTS TO CONGRESS.—Not later than 20 days after the 
first day of the engagement of the United States in hostilities 
described in subsection (a), the President shall, if the armed conflict 
has continued for 14 days, submit to Congress a report setting 
forth— 
(1) the specific steps the United States has taken and 
will continue to take to establish a multinational economic 
embargo and to initiate financial asset seizure pursuant to 
subsection (a); and 
(2) any foreign sources of trade or revenue that directly 
or indirectly support the ability of the adversarial government 
to sustain a military conflict against the United States. 
50 u s e 1541 
SEC. 1232. LIMITATION ON DEPLOYMENT OF ARMED FORCES IN HAITI 
note. 
DURING FISCAL YEAR 2000 AND CONGRESSIONAL NOTICE 
OF DEPLOYMENTS TO HAITI. 
(a) LIMITATION ON DEPLOYMENT.—No funds available to the 
Department of Defense during fiscal year 2000 may be expended 
after May 31, 2000, for the continuous deplo5anent of United States 
Armed Forces in Haiti pursuant to the Department of Defense 
operation designated as Operation Uphold Democracy. 
(b) REPORT.—Whenever there is a deplo3nnent of United States 
Armed Forces to Haiti after May 31, 2000, the President shall, 
not later than 96 hours after such deployment begins, transmit 
to Congress a written report regarding the deplo5nnent. In any 
such report, the President shall specify (1) the purpose of the 
deployment, and (2) the date on which the deployment is expected 
to end. 
Deadline. 
SEC. 1233. REPORT ON THE SECURITY SITUATION ON THE KOREAN 
PENINSULA. 
(a) REPORT.—Not later than April 1, 2000, the Secretary of 
Defense shall submit to the appropriate congressional committees 
a report on the security situation on the Korean peninsula. The 
report shall be submitted in both classified and unclassified form. 
(b) MATTERS To B E INCLUDED.—The Secretary shall include 
in the report under subsection (a) the following: 
(1) A net assessment analysis of the warfighting capabili-
ties of the Combined Forces Command (CFC) of the United 
States and the Republic of Korea compared with the armed 
forces of North Korea. 
(2) An assessment of challenges posed by the armed forces 
of North Korea to the defense of the Republic of Korea and 
to United States forces deployed to the region. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 789 
(3) An assessment of the current status and the future 
^ direction of weapons of mass destruction programs and ballistic 
missile programs of North Korea, including a determination 
as to whether or not North Korea— 
(A) is continuing to pursue a nuclear weapons program; 
(B) is seeking equipment and technology with which 
to enrich uranium; and 
(C) is pursuing an offensive biological weapons pro-
gram. 
(c) i^PROPRiATE CONGRESSIONAL COMMITTEES.—In this section, 
the term "appropriate congressional committees" means— 
(1) the Committee on International Relations and the Com-
mittee on Armed Services of the House of Representatives; 
and 
(2) the Committee on Foreign Relations and the Committee 
on Armed Services of the Senate. 
SEC. 1234. SENSE OF CONGRESS REGARDWG THE CONTINUATION OF 
SANCTIONS AGAINST LIBYA. 
(a) FINDINGS.—Congress makes the following findings: 
(1) On December 21, 1988, 270 people, including 189 United 
States citizens, were killed in a terrorist bombing on Pan Amer-
ican Flight 103 over Lockerbie, Scotland. 
(2) The United Kingdom and the United States indicted 
two Libyan intelligence agents, Abd al-Baset Ali al-Megrahi 
and Al-Amin Khalifah Fhimah, in 1991 and sought their extra-
dition from Libya to the United States or the United Kingdom 
to stand trial for this heinous terrorist act. 
(3) The United Nations Security Council called for the 
extradition of those suspects in Security Council Resolution 
731 and imposed sanctions on Libya in Security Council Resolu-
tions 748 and 883 because Libyan leader Colonel Muammar 
Qadhafi refused to transfer the suspects to either the United 
States or the United Kingdom to stand trial. 
(4) United Nations Security Council Resolutions 731, 748, 
and 883 demand that Libya cease all support for terrorism, 
turn over the two suspects, cooperate with the investigation 
and the trial, and address the issue of appropriate compensa-
tion. 
(5) The sanctions in United Nations Security Council Reso-
lutions 748 and 883 include— 
(A) a worldwide ban on Libya's national airline; 
(B) a ban on flights into and out of Libya by other 
nations' airlines; and 
(C) a prohibition on supplying arms, airplane parts, 
and certain oil equipment to Libya, and a blocking of 
Libyan Government funds in other countries. 
(6) Colonel Muammar Qadhafi for many years refused to 
extradite the suspects to either the United States or the United 
Kingdom and had insisted that he would only transfer the 
suspects to a third and neutral country to stand trial. 
(7) On August 24, 1998, the United States and the United 
Kingdom agreed to the proposal that Colonel Qadhafi transfer 
the suspects to The Netherlands, where they would stand trial 
under a Scottish court, under Scottish law, and with a panel 
of Scottish judges. 
Pan American 
Flight 103. 
Abd al-Baset Ali 
al-Megraihi. 
Al-Amin 
Khalifah 
Fhimah. 
Muammar 
Qadhafi. 
113 STAT. 790 
PUBLIC LAW 106-65—OCT. 5, 1999 
(8) The United Nations Security Council endorsed the 
United States-United Kingdom proposal on August 27, 1998 
in United Nations Security Council Resolution 1192. 
(9) The United States, consistent with United Nations Secu-
rity Council resolutions, called on Libya to ensure the produc-
tion of evidence, including the presence of witnesses before 
the court, and to comply fully with all the requirements of 
the United Nations Security Council resolutions. 
(10) After years of intensive diplomacy. Colonel Qadhafi 
finally transferred the two Libyan suspects to The Netherlands 
on April 5, 1999, and the United Nations Security Council, 
in turn, suspended its sanctions against Libya that same day. 
(11) Libya has only fulfilled one of four conditions (the 
transfer of the two suspects accused in the Lockerbie bombing) 
set forth in United Nations Security Council Resolutions 731, 
748, and 883 that would justify the lifting of United Nations 
Security Council sanctions against Libya. 
(12) Libya has not fulfilled the other three conditions 
(cooperation with the Lockerbie investigation and trial, renunci-
ation of and ending support for terrorism, and pajonent of 
appropriate compensation) necessary to lift the United Nations 
Security Council sanctions. 
(13) The United Nations Secretary General issued a report 
to the Security Council on June 3CI, 1999, on the issue of 
Libya's compliance with the remaining conditions. 
(14) Any member of the United Nations Security Council 
has the right to introduce a resolution to lift the sanctions 
against Libya now that the United Nations Secretary General's 
report has been issued. 
(15) The United States Government considers Libya a state 
sponsor of terrorism and the State Department Report, "Pat-
terns of Global Terrorism; 1998", stated that Colonel Qadhafi 
"continued publicly and privately to support Palestinian ter-
rorist groups, including the PIJ and the PFLP-GC". 
(16) United States Government sanctions (other than sanc-
tions on food or medicine) should be maintained on Libya, 
and in accordance with United States law, the Secretary of 
State should keep Libya on the list of countries the governments 
of which have repeatedly provided support for acts of inter-
national terrorism under section 6(j) of the Export Administra-
tion Act of 1979 in light of Libya's ongoing support for terrorist 
groups. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the President should use all diplomatic means necessary, including 
the use of the United States veto at the United Nations Security 
Council, to prevent the Security Council fi'om lifting sanctions 
against Libya until Libya fulfills all of the conditions set forth 
in United Nations Security Council Resolutions 731, 748, and 883. 
SEC. 1235. SENSE OF CONGRESS AND REPORT ON DISENGAGING 
FROM NONCRITICAL OVERSEAS MISSIONS INVOLVING 
UNITED STATES COMBAT FORCES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) It is the National Security Strategy of the United States 
to "deter and defeat large-scale, cross-border aggression in two 
distant theaters in overlapping time frames". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 791 
(2) The deterrence of Iraq and Iran in Southwest Asia 
and the deterrence of North Korea in Northeast Asia represent 
two such potential large-scale, cross-border theater require-
ments. 
(3) The United States has 120,000 military personnel 
permanently assigned to the Southwest Asia and Northeast 
Asia theaters. 
(4) The United States has an additional 70,000 military 
personnel assigned to non-NATO/non-Pacific threat foreign 
countries. 
(5) The United States has more than 6,000 military per-
sonnel in Bosnia-Herzegovina on indefinite assignment. 
(6) The United States has diverted permanently assigned 
resources from other theaters to support operations in the 
Balkans. 
(7) The United States provides military forces to seven 
active United Nations peacekeeping operations, including some 
missions that have continued for decades. 
(8) Between 1986 and 1998, the number of United States 
military deployments per year has nearly tripled at the same 
time the Department of Defense budget has been reduced in 
real terms by 38 percent. 
(9) The Army has 10 active-duty divisions today, down 
from 18 in 1991, while on an average day in fiscal year 1998, 
28,000 United States Army soldiers were deployed to more 
than 70 countries for over 300 separate missions. 
(10) The number of fighter wings in the active component 
of the Air Force has gone from 22 to 13 since 1991, while 
70 percent of air sorties in Operation Allied Force over the 
Balkans were United States-flown and the Air Force continues 
to enforce northern and southern no-fly zones in Iraq. In 
response, the Air Force has initiated a "stop loss" program 
to block normal retirements and separations. 
(11) The Navy has been reduced in size to 339 ships, 
its lowest level since 1938, necessitating the redeplojonent of 
the only overseas homeported aircraft carrier from the western 
Pacific to the Mediterranean to support Operation Allied Force. 
(12) In 1998, just 10 percent of eligible carrier naval avi-
ators (27 out of 261) accepted continuation bonuses and 
remained in the service. 
(13) In 1998, 48 percent of Air Force pilots eligible for 
continuation chose to leave the service. 
(14) The Army could fall 6,000 below congressionally 
authorized strength levels by the end of 1999. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the readiness of United States military forces to execute 
the National Security Strategy of the United States referred 
to in subsection (a)(1) is being eroded by a combination of 
declining defense budgets and expanded missions; and 
(2) there may be missions to which the United States 
is contributing Armed Forces from which the United States 
can begin disengaging. 
(c) REPORT REQUIREMENT.—Not later than March 1, 2000, the President. 
President shall submit to the Committee on Armed Services and Deadline, 
the Committee on Appropriations of the Senate and the Committee 
on Armed Services and the Committee on Appropriations of the 
House of Representatives a report prioritizing the ongoing global 
113 STAT. 792 
PUBLIC LAW 106-65—OCT. 5, 1999 
missions to which the United States is contributing forces. The 
President shall include in the report a feasibility analysis of how 
the United States can— 
(1) shift resources from low priority missions in support 
of higher priority missions; 
(2) consolidate or reduce United States troop commitments 
worldwide; and 
(3) end low priority missions. 
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION WITH STATES OF THE FOR-
MER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Prohibition on use of funds for specified purposes. 
Sec. 1304. Limitations on use of funds for fissile material storage facility. 
Sec. 1305. Limitation on use of funds for chemical weapons destruction. 
Sec. 1306. Limitation on use of funds until submission of report. 
Sec. 1307. Limitation on use of funds until submission of multiyear plan. 
Sec. 1308. Requirement to submit report. 
Sec. 1309. Report on Expanded Threat Reduction Initiative. 
Sec. 1310. Limitation on use of funds until submission of certification. 
Sec. 1311. Period covered by annual report on accoimting for United States assist-
ance under Cooperative Threat Reduction programs. 
Sec. 1312. Russian nonstrategic nuclear arms. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
22 use 5952 
(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section 
note. 
301 and other provisions of this Act, Cooperative Threat Reduction 
programs are the programs specified in section 1501(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note). 
22 use 5952 
(b) FISCAL YEAR 2000 COOPERATIVE THREAT REDUCTION FUNDS 
note. 
DEFINED.—^As used in this title, the term "fiscal year 2000 Coopera-
tive Threat Reduction funds" means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
the authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs shall be available for obligation for 
three fiscal years. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $475,500,000 
authorized to be appropriated to the Department 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 specified: 
(1) For strategic offensive arms elimination in Russia, 
$177,300,000. 
(2) For strategic nuclear arms elimination in Ukraine, 
$41,800,000. 
(3) For activities to support warhead dismantlement proc-
essing in Russia, $9,300,000. 
(4) For security enhancements at chemical weapons storage 
sites in Russia, $20,000,000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 793 
(5) For 
weapons 
transportation 
security 
in 
Russia, 
$15,200,000. 
(6) For planning, design, and construction of a storage 
facility for Russian fissile material, $64,500,000. 
(7) For weapons storage security in Russia, $99,000,000. 
(8) For development of a cooperative program with the 
Government of Russia to eliminate the production of weapons 
grade plutonium at Russian reactors, $32,300,000. 
(9) For biological weapons proliferation prevention activi-
ties in Russia, $12,000,000. 
(10) For activities designated as Other Assessments/ 
Administrative Support, $1,800,000. 
(11) For defense and military contacts, $2,300,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 
OTHER PURPOSES.—No fiscal year 2000 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than 
a purpose listed in paragraphs (1) through (11) 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 expended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 2000 
Cooperative 'llireat Reduction funds for a purpose for which the 
obligation or expenditure of such funds is specifically 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 for a purpose listed in any of the paragraphs in subsection 
(a) in excess of the amount specifically authorized for such purpose. 
(2) An obligation of funds for a purpose stated in any of the 
paragraphs in subsection (a) in excess of the specific amount author-
ized for such purpose may be made using the authority provided 
in paragraph (1) only after— 
(A) the Secretary submits to Congress notification of the Notification, 
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 notifica-
tion. 
(3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts for the purposes stated in any 
of paragraphs (4) through (6), (8), (10), or (11) of subsection (a) 
in excess of 115 percent of the amount specifically authorized for 
such purposes. 
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PUR- 
22 USC 5952 
POSES. 
note. 
(a) IN GENERAL.—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 any of the following purposes: 
(1) Conducting with Russia any peacekeeping exercise or 
other peacekeeping-related activity. 
(2) Provision of housing. 
113 STAT. 794 
PUBLIC LAW 106-65—OCT. 5, 1999 
(3) Provision of assistance to promote environmental res-
toration. 
(4) Provision of assistance to promote job retraining. 
(b) LIMITATION WITH RESPECT TO DEFENSE CONVERSION ASSIST-
ANCE.—None of the funds appropriated pursuant to the authoriza-
tion of appropriations in section 301 of this Act, and no funds 
appropriated to the Department of Defense in any other Act enacted 
after the date of the enactment of this Act, may be obUgated 
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 Reduction funds may be 
obligated or expended for elimination of conventional weapons or 
the delivery vehicles primarily intended to deliver such weapons. 
22 use 5952 
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL 
note. 
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 storage facility 
for Russian fissile material referred to in section 1302(a)(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 Russia and the United 
States have signed a verifiable written transparency agreement 
that ensures that material stored at the facility is of weapons 
origin. 
(b) LIMITATION ON CONSTRUCTION.—No funds authorized to 
be appropriated for Cooperative Threat Reduction programs may 
be used for construction of the storage facility referred to in sub-
section (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. 
(3) A certification that Russia and the United States have 
signed a verifiable written transparency agreement 
that 
ensures that material stored at the facility is of weapons origin. 
22 use 5952 
SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS 
note. 
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 UNTIL SUBMISSION OF 
REPORT. 
Not more than 50 percent of the fiscal year 2000 Cooperative 
Threat Reduction funds may be obligated or expended until the 
Secretary of Defense submits to Congress a report describing— 
(1) with respect to each purpose listed in section 1302, 
whether the Department of Defense is the appropriate executive 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 795 
agency to carry out Cooperative Threat Reduction programs 
for such purpose, and if so, why; and 
(2) for any purpose that the Secretary determines is not 
appropriately carried out by the Department of Defense, a 
plan for migrating responsibility for carr)dng out such purpose 
to the appropriate agency. 
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
MULTIYEAR PLAN. 
Not more than ten percent of fiscal year 2000 Cooperative 
Threat Reduction funds may be obligated or expended until the 
Secretary of Defense submits to Congress an updated version of 
the multiyear plan for fiscal year 2000 required to be submitted 
under section 1205 of the National Defense Authorization Act for 
Fiscal Year 1995 (Pubhc Law 103-337; 22 U.S.C. 5952 note). 
SEC. 1308. REQUIREMENT TO SUBMIT REPORT. 
Not later than December 31, 1999, the Secretary of Defense Deadline, 
shall submit to Congress a report including— 
(1) an explanation of the strategy of the Department of 
Defense for encouraging States of the former Soviet Union 
that receive funds through Cooperative Threat Reduction pro-
grams to contribute financially to the threat reduction effort; 
(2) a prioritization of the projects carried out by the Depart-
ment of Defense under Cooperative Threat Reduction programs; 
(3) an identification of any limitations that the United 
States has imposed or will seek to impose, either unilaterally 
or through negotiations with recipient States, on the level of 
assistance provided by the United States for each of such 
projects; and 
(4) an identification of the amount of international financial 
assistance provided for Cooperative Threat Reduction programs 
by other States. 
SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE. 
Not later than March 31, 2000, the President shall submit 
to Congress a report on the Expanded Threat Reduction Initiative. 
Such report shall include a description of the plans for ensuring 
effective coordination between executive agencies in carr3ring out 
the Expanded Threat Reduction Initiative to minimize duplication 
of efforts. 
SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF CER-
TIFICATION. 
No funds appropriated for fiscal year 1999 for Cooperative 
Threat Reduction programs and remaining available for obligation 
or expenditure may be obligated or expended for assistsince for 
any country under a Cooperative Threat Reduction Program until 
the President resubmits to Congress an updated certification under 
section 1203(d) of the Cooperative Threat Reduction Act of 1993 
(title XII of Public Law 103-160; 22 U.S.C. 5952(d)), section 1412(d) 
of the Former Soviet Union Demilitarization Act of 1992 (title 
XIV of Public Law 102-484; 22 U.S.C. 5902(d)), and section 502 
of the Freedom for Russia and Emerging Eurasian Democracies 
and Open Markets Support Act of 1992 (Pubhc Law 102-511; 22 
U.S.C. 5852). 
President. 
Deadline. 
113 STAT. 796 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 1311. PERIOD COVERED BY A>fNUAL REPORT ON ACCOUNTING 
FOR UNITED STATES ASSISTANCE UNDER COOPERATIVE 
THREAT REDUCTION PROGRAMS. 
Section 1206(a)(2) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22 U.S.C. 
5955 note) is amended to read as follows: 
Deadline. 
"(2) The report shall be submitted under this section not later 
than January 31 of each year and shall cover the fiscal year ending 
in the preceding calendar year. No report is required under this 
section after the completion of the Cooperative Threat Reduction 
programs.". 
22 u s e 5955 
SEC. 1312. RUSSIAN NONSTRATEGIC NUCLEAR ARMS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) it is in the interest of Russia to fiilly implement the 
Presidential Nuclear Initiatives announced in 1991 and 1992 
by then-President of the Soviet Union Gorbachev and then-
President of Russia Yeltsin; 
(2) the President of the United States should call on Russia 
to match the unilateral reductions in the United States inven-
tory of tactical nuclear weapons, which have reduced the inven-
tory by nearly 90 percent; and 
(3) if the re-certification under section 1310 is made, the 
President should emphasize the continued interest of the 
United States in working cooperatively with Russia to reduce 
the dangers associated with Russia's tactical nuclear arsenal. 
(b) ANNUAL REPORTING REQUIREMENT.—(1) Each annual report 
on accounting for United States assistance under Cooperative 
Threat Reduction programs that is submitted to Congress under 
section 1206 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 471; 22 U.S.C. 5955 
note) after fiscal year 1999 shall include, regarding Russia's arsenal 
of tactical nuclear warheads, the following: 
(A) Estimates regarding current types, numbers, yields, 
viability, locations, and deployment status of the warheads. 
(B) An assessment of the strategic relevance of the war-
heads. 
(C) An assessment of the current and projected threat 
of theft, sale, or unauthorized use of the warheads. 
(D) A summary of past, current, and planned United States 
efforts to work cooperatively with Russia to account for, secure, 
£ind reduce Russia's stockpile of tactical nuclear warheads £ind 
associated fissile material. 
(2) The Secretary of Defense shall include in the annual report 
described in paragraph (1) the views on the report provided under 
subsection (c). 
(c) VIEWS OF THE DIRECTOR OF CENTRAL INTELLIGENCE.—The 
Director of Central Intelligence shall submit to the Secretary of 
Defense, for inclusion as an appendix in the annual report described 
in subsection (b), the Director's views on the matters described 
in paragraph (1) of that subsection regarding Russia's tactical 
nuclear weapons. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 797 
TITLE XIV—PROLIFERATION AND 
EXPORT CONTROLS 
Sec. 1401. Adherence of People's Republic of China to Missile Technology Control 
Regime. 
Sec. 1402. Annual report on transfers of militarily sensitive technology to countries 
and entities of concern. 
Sec. 1403. Resources for export license functions. 
Sec. 1404. Security in connection with satellite export licensing. 
Sec. 1405. Reporting of technology transmitted to People's Republic of China and 
of foreign launch security violations. 
Sec. 1406. Report on national security implications of exporting high-performance 
computers to the People's Republic of China. 
Sec. 1407. End-use verification for use by People's Republic of China of high-per-
formance computers. 
Sec. 1408. Enhanced multilateral export controls. 
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency. 
Sec. 1410. Timely notification of licensing decisions by the Department of State. 
Sec. 1411. Enhanced intelligence consultation on satellite license applications. 
Sec. 1412. Investigations of violations of export controls by Uniteo States satellite 
manufacturers. 
SEC. 1401. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE 
TECHNOLOGY CONTROL REGIME. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the President should take all actions appropriate to 
obtain a bilateral agreement with the People's Republic of 
China to adhere to the Missile Technology Control Regime 
(MTCR) and the MTCR Annex; and 
(2) the People's Republic of China should not be permitted 
to join the Missile Technology Control Regime as a member 
without having— 
(A) agreed to the Missile Technology Control Regime 
and the specific provisions of the MTCR Annex; 
(B) demonstrated a sustained and verified record of 
performance with respect to the nonproliferation of missiles 
and missile technology; and 
(C) adopted an effective export control system for 
implementing guidelines under the Missile Technology Con-
trol Regime and the MTCR Annex. 
(b) REPORT REQUIRED.—Not later than January 31, 2000, the President. 
President shall transmit to Congress a report explaining— 
Deadline. 
(1) the policy and commitments that the People's Republic 
of China has stated on its adherence to the Missile Technology 
Control Regime and the MTCR Annex; 
(2) the degree to which the People's Republic of China 
is complying with its stated policy and commitments on 
adhering to the Missile Technology Control Regime smd the 
MTCR Annex; and 
(3) actions taken by the United States to encourage the 
People's Republic of China to adhere to the Missile Technology 
Control Regime and the MTCR Annex. 
(c) DEFINITIONS.—In this section: 
(1) 
MISSILE TECHNOLOGY CONTROL REGIME.—The term 
"Missile Technology Control Regime" means the policy state-
ment, between the United States, the United Kingdom, the 
Federal Republic of Germany, France, Italy, Canada, and 
Japan, announced April 16, 1987, to restrict sensitive missile-
relevant transfers based on the MTCR Annex, and any amend-
ments thereto. 
113 STAT. 798 
PUBLIC LAW 106-65—OCT. 5, 1999 
22 use 2778 
note. 
President. 
Deadline. 
(2) MTCR ANNEX.—The term "MTCR Annex" means the 
GuideHnes and Equipment and Technology Annex of the Missile 
Technology Control Regime, and any amendments thereto. 
SEC. 1402. ANNUAL REPORT ON TRANSFERS OF MILITARILY SEN-
SITIVE TECHNOLOGY TO COUNTRIES AND ENTITIES OF 
CONCERN. 
(a) ANNUAL REPORT.—Not later than March 30 of each year 
beginning in the year 2000 and ending in the year 2007, the 
President shall transmit to Congress a report on transfers to coun-
tries and entities of concern during the preceding calendar year 
of the most significant categories of United States technologies 
and technical information with potential military applications. 
(b) CONTENTS OF REPORT.—The report required by subsection 
(a) shall include, at a minimum, the following: 
(1) An assessment by the Director of Central Intelligence 
of efforts by countries and entities of concern to acquire tech-
nologies and technical information referred to in subsection 
(a) during the preceding calendar year. 
(2) An assessment by the Secretary of Defense, in consulta-
tion with the Joint Chiefs of Staff and the Director of Central 
Intelligence, of the cumulative impact of licenses granted by 
the United States for exports of technologies and technical 
information referred to in subsection (a) to countries and enti-
ties of concern during the preceding 5-calendar year period 
on— 
(A) the military capabilities of such countries and enti-
ties; and 
(B) countermeasures that may be necessary to over-
come the use of such technologies and technical informa-
tion. 
(3) An audit by the Inspectors General of the Departments 
of Defense, State, Commerce, and Energy, in consultation with 
the Director of Central Intelligence and the Director of the 
Federal Bureau of Investigation, of the policies and procedures 
of the United States Government with respect to the export 
of technologies and technical information referred to in sub-
section (a) to countries and entities of concern. 
(c) ADDITIONAL REQUIREMENT FOR FIRST REPORT.—The first 
annual report required by subsection (a) shall include an assessment 
by the Inspectors General of the Departments of State, Defense, 
Commerce, and the Treasury and the Inspector General of the 
Central Intelligence Agency of the adequacy of current export con-
trols and counterintelligence measures to protect against the 
acquisition by countries and entities of concern of United States 
technology and technical information referred to in subsection (a). 
(d) SUPPORT OF OTHER AGENCIES.—Upon the request of the 
officials responsible for preparing the assessments required by sub-
section (b), the heads of other departments and agencies shall 
make available to those officials all information necessary to carry 
out the requirements of this section. 
(e) 
CLASSIFIED AND UNCLASSIFIED 
REPORTS.—Each report 
required by this section shall be submitted in classified form and 
unclassified form. 
(f) DEFINITION.—As used in this section, the term "countries 
and entities of concern" means— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 799 
(1) any country the government of which the Secretary 
of State has determined, for purposes of section 6(j) of the 
Export Administration Act of 1979 or other appHcalDle law, 
to have repeatedly provided support for acts of international 
terrorism; 
(2) any country that— 
(A) has detonated a nuclear explosive device (as defined 
in section 830(4) of the Nuclear Proliferation Prevention 
Act of 1994 (22 U.S.C. 3201 note)); and 
(B) is not a member of the North Atlantic Treaty 
Organization; and 
(3) any entity that— 
(A) is engaged in international terrorism or activities 
in preparation thereof; or 
(B) is directed or controlled by the government of a 
country described in paragraph (1) or (2). 
SEC. 1403. RESOURCES FOR EXPORT LICENSE FUNCTIONS. 
22 USC 2778 
(a) OFFICE OF DEFENSE TRADE CONTROLS.— 
^°^' 
(1) IN GENERAL.—The Secretary of State shall take the 
necessary steps to ensure that, in any fiscal year, adequate 
resources are allocated to the functions of the Office of Defense 
Trade Controls of the Department of State relating to the 
review and processing of export license applications so as to 
ensure that those functions are performed in a thorough and 
timely manner. 
(2) AVAILABILITY OF EXISTING APPROPRIATIONS.—The Sec-
retary of State shall take the necessary steps to ensure that 
those funds made available under the heading "Administration 
of Foreign Affairs, Diplomatic and Consular Programs" in title 
IV of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1999, as 
contained in the Omnibus Consolidated and Emergency Supple-
mental Appropriations Act, 1999 (Public Law 105-277) are 
made available, upon the enactment of this Act, to the Office 
of Defense Trade Controls of the Department of State to carry 
out the purposes of the Office. 
(b) DEFENSE THREAT REDUCTION AGENCY.—The Secretary of 
Defense shall take the necessary steps to ensure that, in any 
fiscal year, adequate resources are allocated to the functions of 
the Defense Threat Reduction Agency of the Department of Defense 
relating to the review of export license applications so as to ensure 
that those functions are performed in a thorough and timely 
manner. 
(c) UPDATING OF STATE DEPARTMENT REPORT.—Not later than Deadline. 
March 1, 2000, the Secretary of State, in consultation with the 
Secretary of Defense and the Secretary of Commerce, shall transmit 
to Congress a report updating the information reported to Congress 
under section 1513(d)(3) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note). 
SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT 
22 USC 2778 
LICENSING. 
note. 
As a condition of the export license for any satellite to be 
launched in a country subject to section 1514 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(22 U.S.C. 2778 note), the Secretary of State shall require the 
following: 
113 STAT. 800 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) That the technology transfer control plan reqmred by 
section 1514(a)(1) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note) 
be prepared by the Department of Defense and the licensee, 
and that the plan set forth enhanced security arrangements 
for the launch of the satellite, both before and during launch 
operations. 
(2) That each person providing security for the launch 
of that satellite— 
(A) report directly to the launch monitor with regard 
to issues relevant to the technology transfer control plan; 
(B) have received appropriate training in the Inter-
national Trafficking in Arms Regulations (hereafter in this 
title referred to as "ITAR"). 
(C) have significant experience and expertise with sat-
ellite launches; and 
(D) have been investigated in a manner at least as 
comprehensive as the investigation required for the 
issuance of a security clearance at the level designated 
as "Secret". 
(3) That the number of such persons providing security 
for the launch of the satellite shall be sufficient to maintain 
24-hour security of the satellite and related launch vehicle 
and other sensitive technology. 
(4) That the licensee agree to reimburse the Department 
of Defense for all costs associated with the provision of security 
for the launch of the satellite. 
22 use 2778 
SEC. 1405. REPORTING OF TECHNOLOGY TRANSMITTED TO PEOPLE'S 
note. 
REPUBLIC OF CHINA AND OF FOREIGN LAUNCH SECU-
RITY VIOLATIONS. 
(a) MONITORING OF INFORMATION.—The Secretary of Defense 
shall require that space launch monitors of the Department of 
Defense assigned to monitor launches in the People's Republic 
of China maintain records of all information authorized to be trans-
mitted to the People's Republic of China with regard to each space 
launch that the monitors are responsible for monitoring, including 
copies of any documents authorized for such transmission, and 
reports on launch-related activities. 
(b) TRANSMISSION TO OTHER AGENCIES.—The Secretary of 
Defense shall ensure that records under subsection (a) are trans-
mitted on a current basis to appropriate elements of the Department 
of Defense and to the Department of State, the Department of 
Commerce, and the Central Intelligence Agency. 
(c) RETENTION OF RECORDS.—Records described in subsection 
(a) shall be retained for at least the period of the statute of limita-
tions for violations of the Arms Export Control Act. 
(d) GUIDELINES.—The Secretary of Defense shall prescribe 
guidelines providing space launch monitors of the Department of 
Defense with the responsibility and the ability to report serious 
security violations, problems, or other issues at an overseas launch 
site directly to the headquarters office of the responsible Depart-
ment of Defense component. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 801 
SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF 
EXPORTING HIGH-PERFORMANCE COMPUTERS TO THE 
PEOPLE'S REPUBLIC OF CHINA. 
(a) REVIEW.—The President, in consultation with the Secretary 
of Defense and the Secretary of Energy, shall conduct a comprehen-
sive review of the national security implications of exporting high-
performance computers to the People's Republic of China. To the 
extent that such testing has not already been conducted by the 
Government, the President, as part of the review, shall conduct 
empirical testing of the extent to which national security-related 
operations can be performed using clustered, massively-parallel 
processing or other combinations of computers. 
(b) REPORT.—The President shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the results 
of the review conducted under subsection (a). The report shall 
be submitted not later than 6 months after the date of the enact-
ment of this Act in classified and unclassified form and shall be 
updated not later than February 1 of each of the years 2001 through 
2004. 
President. 
President. 
Deadline. 
SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC 
OF CHINA OF HIGH-PERFORMANCE COMPUTERS. 
(a) REVISED H P C VERIFICATION SYSTEM.—The President shall President, 
seek to enter into £in agreement with the People's Republic of 
China to revise the existing verification system with the People's 
Republic of China with respect to end-use verification for high-
performance computers exported or to be exported to the People's 
Republic of China so as to provide for an open and transparent 
system providing for effective end-use verification for such com-
puters. 'The President shall transmit a copy of any such agreement 
to Congress. 
(b) DEFINITION.—^As used in this section and section 1406, 
the term **high-performance computer" means a computer which, 
by virtue of its composite theoretical performance level, would be 
subject to section 1211 of the National Defense Authorization Act 
for Fiscal Year 1998 (50 U.S.C. App. 2404 note). 
(c) ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE 
LEVELS FOR POST-SHIPMENT VERIFICATION.—Section 1213 of the 
National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. 
App. 2404 note) is amended by adding at the end the following 
new subsection: 
"(e) ADJUSTMENT OF PERFORMANCE LEVELS.—Whenever a new 
composite theoretical performance level is established under section 
1211(d), that level shall apply for purposes of subsection (a) of 
this section in lieu of the level set forth in subsection (a).". 
SEC. 1408. ENHANCED MULTILATERAL EXPORT CONTROLS. 
(a) NEW INTERNATIONAL CONTROLS.—The President shall seek 
to establish new enhanced international controls on technology 
transfers that threaten international peace and United States 
national security. 
(b) IMPROVED SHARING OF INFORMATION.—The President shall 
take appropriate actions to improve the sharing of information 
by nations that are major exporters of technology so that the United 
States C£ui track movements of technology covered by the Wassenaar 
22 use 2778 
note. 
President. 
President. 
113 STAT. 802 
PUBLIC LAW 106-65—OCT. 5, 1999 
Arrangement and enforce technology controls and re-export require-
ments for such technology. 
(c) DEFINITION.—As used in this section, the term "Wassenaar 
Arrangement" means the multilateral export control regime cov-
ering conventional armaments and sensitive dual-use goods and 
technologies that was agreed to by 33 co-founding countries in 
July 1996 and began operation in September 1996. 
22 use 2778 
SEC. 1409. ENHANCEMENT 
OF ACTIVITIES 
OF DEFENSE 
THREAT 
note. 
REDUCTION AGENCY. 
Regulations. 
(a) IN GENERAL.—Not later than 180 days after the date of 
Deadline. 
the enactment of this Act, the Secretary of Defense shall prescribe 
regulations to— 
(1) authorize the personnel of the Defense Threat Reduction 
Agency (DTRA) who monitor satellite launch campaigns over-
seas to suspend such campaigns at any time if the suspension 
is required for purposes of the national security of the United 
States; 
(2) ensure that persons assigned as space launch campaign 
monitors are provided sufficient training and have adequate 
experience in the regulations prescribed by the Secretary of 
State known as the ITAR and have significant experience and 
expertise with satellite technology, launch vehicle technology, 
and launch operations technology; 
(3) ensure that adequate numbers of such monitors are 
assigned to space launch campaigns so that 24-hour, 7-day 
per week coverage is provided; 
(4) take steps to ensure, to the maximum extent possible, 
the continuity of service by monitors for the entire space launch 
campaign period (from satellite marketing to launch and, if 
necessary, completion of a launch failure analysis); 
(5) adopt measures designed to make service as a space 
launch campaign monitor an attractive career opportunity; 
(6) allocate funds and other resources to the Agency at 
levels sufficient to prevent any shortfalls in the number of 
such personnel; 
(7) establish mechanisms in accordance with the provisions 
of section 1514(a)(2)(A) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 
105-261; 112 Stat. 2175; 22 U.S.C. 2778 note) that provide 
for— 
(A) the payment to the Department of Defense by 
the person or entity receiving the launch monitoring serv-
ices concerned, before the beginning of a fiscal year, of 
an amount equal to the amount estimated to be required 
by the Department to monitor the laimch campaigns during 
that fiscal year; 
(B) the reimbursement of the Department of Defense, 
at the end of each fiscal year, for amounts expended by 
the Department in monitoring the launch campaigns in 
excess of the amount provided under subparagraph (A); 
and 
(C) the reimbursement of the person or entity receiving 
the launch monitoring services if the amount provided 
under subparagraph (A) exceeds the amount actually 
expended by the Department of Defense in monitoring the 
launch campaigns; 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 803 
(8) review and improve guidelines on the scope of permis-
sible discussions with foreign persons regarding technology and 
technical information, including the technology and technical 
information that should not be included in such discussions; 
(9) provide, in conjunction with other Federal agencies, 
on at least an annual basis, briefings to the officers and 
employees of United States commercial satellite entities on 
United States export license standards, guidelines, and restric-
tions, and encourage such officers and employees to participate 
in such briefings; 
(10) establish a system for— 
(A) the preparation and filing by personnel of the 
Agency who monitor satellite launch campaigns overseas 
of detailed reports of all relevant activities observed by 
such personnel in the course of monitoring such campaigns; 
(B) the systematic archiving of reports filed under 
subparagraph (A); and 
(C) the preservation of such reports in accordance with 
applicable laws; and 
(11) establish a counterintelligence program within the 
Agency as part of its satellite launch monitoring program. 
(b) A
N
f
N
U
A
L REPORT ON IMPLEMENTATION OF SATELLITE TECH-
NOLOGY SAFEGUARDS.—(1) The Secretary of Defense and the Sec-
retary of State shall each submit to Congress each year, as part 
of the annual report for that year under section 1514(a)(8) of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999, the following: 
(A) A summary of the satellite launch campaigns and 
related activities monitored by the Defense Threat Reduction 
Agency during the preceding fiscal year. 
(B) A description of any license infractions or violations 
that may have occurred during such campaigns and activities. 
(C) A description of the personnel, funds, and other 
resources dedicated to the satellite launch monitoring program 
of the Agency during that fiscal year. 
(D) An assessment of the record of United States satellite 
makers in cooperating with Agency monitors, and in compl3ang 
with United States export control laws, during that fiscal year. 
(2) Each report under paragraph (1) shall be submitted in 
classified form and unclassified form. 
SEC. 1410. TIMELY NOTIFICATION OF LICENSING DECISIONS BY THE 
22 USC 2778 
DEPARTMENT OF STATE. 
note. 
Not later than 180 days after the date of the enactment of Deadline, 
this Act, the Secretary of State shall prescribe regulations to provide 
timely notice to the manufacturer of a commercial satellite of United 
States origin of the final determination of the decision on the 
application for a license involving the overseas launch of such 
satellite. 
SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE 
22 USC 2778 
LICENSE APPLICATIONS. 
note. 
(a) CONSULTATION DURING REVIEW OF APPLICATIONS.—The Sec-
retary of State and Secretary of Defense, as appropriate, shall 
consult with the Director of Central Intelligence during the review 
of any application for a license involving the overseas launch of 
a commercial satellite of United States origin. The purpose of the 
consultation is to assure that the launch of the satellite, if the 
113 STAT. 804 
PUBLIC LAW 106-65—OCT. 5, 1999 
Reports. 
license is approved, will meet the requirements necessary to protect 
the national security interests of the United States. 
(b) ADVISORY GROUP.—(1) The Director of Central Intelligence 
shall establish within the intelligence community an advisory group 
to provide information and analysis to Congress, and to appropriate 
departments and agencies of the Federal Government, on the 
national security implications of granting licenses involving the 
overseas launch of commercial satellites of United States origin. 
(2) The advisory group shall include technically-qualified rep-
resentatives of the Central Intelligence Agency, the Defense Intel-
ligence Agency, the National Security Agency, the National Air 
Intelligence Center, and the Department of State Bureau of Intel-
ligence and Research and representatives of other elements of the 
intelligence community with appropriate expertise. 
(3) In addition to the duties under paragraph (1), the advisory 
group shall— 
(A) review, on a continuing basis, information relating to 
transfers of satellite, launch vehicle, or other technology or 
knowledge with respect to the course of the overseas launch 
of commercial satellites of United States origin; and 
(B) analyze the potential impact of such transfers on the 
space and military systems, programs, or activities of foreign 
countries. 
(4) The Director of the Nonproliferation Center of the Central 
Intelligence Agency shall serve as chairman of the advisory group. 
(5XA) The advisory group shall, upon request (but not less 
often than annually), submit reports on the matters referred to 
in paragraphs (1) and (3) to the appropriate committees of Congress 
and to appropriate departments and agencies of the Federal Govern-
ment. 
(B) The first annual report under subparagraph (A) shall be 
submitted not later than one year after the date of the enactment 
of this Act. 
(c) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 
term "intelligence community" has the meaning given that term 
in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
22 u s e 2778 
SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS 
note. 
BY UNITED STATES SATELLITE MANUFACTURERS. 
President. 
(a) NOTICE TO CONGRESS OF INVESTIGATIONS.—The President 
shall promptly notify the appropriate committees of Congress when-
ever an investigation is undertaken by the Department of Justice 
of— 
(1) an alleged violation of United States export control 
laws in connection with a commercial satellite of United States 
origin; or 
(2) an alleged violation of United States export control 
laws in connection with an item controlled under section 38 
of the Arms Export Control Act (22 U.S.C. 2778) that is likely 
to cause significant harm or damage to the national security 
interests of the United States. 
President. 
(b) NOTICE TO CONGRESS OF CERTAIN EXPORT WAIVERS.—The 
President shall promptly notify the appropriate committees of Con-
gress whenever an export waiver pursuant to section 902 of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(22 U.S.C. 2151 note) is granted on behalf of any United States 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 805 
person that is the subject of an investigation described in subsection 
(a). The notice shall include a justification for the waiver. 
(c) EXCEPTION.—The requirements in subsections (a) and (b) 
shall not apply if the President determines that notification of 
the appropriate committees of Congress under such subsections 
would jeopardize an on-going criminal investigation. If the President 
makes such a determination, the President shall provide written 
notification of such determination to the Speaker of the House 
of Representatives, the majority leader of the Senate, the minority 
leader of the House of Representatives, and the minority leader 
of the Senate. The notification shall include a justification for the 
determination. 
(d) IDENTIFICATION OF PERSONS SUBJECT TO INVESTIGATION.— 
The Secretary of State and the Attorney General shall develop 
appropriate mechanisms to identify, for the purposes of processing 
export licenses for commercial satellites, persons who are the subject 
of an investigation described in subsection (a). 
(e) PROTECTION OF CLASSIFIED AND OTHER SENSITIVE INFORMA-
TION.—The appropriate committees of Congress shall ensure that 
appropriate procedures are in place to protect from unauthorized 
disclosure classified information, information relating to intelligence 
sources and methods, and sensitive law enforcement information 
that is furnished to those committees pursuant to this section. 
(f) STATUTORY CONSTRUCTION.—Nothing in this section shall 
be construed to modify or supersede any other requirement to 
report information on intelligence activities to Congress, including 
the requirement under section 501 of the National Security Act 
ofl947(50U.S.C. 413). 
(g) DEFINITIONS.—^As used in this section: 
(1) The term "appropriate committees of Congress" means 
the following: 
(A) The Committee on Armed Services, the Committee 
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate. 
(B) The Committee on Armed Services, the Committee 
on International Relations, and the Permanent Select Com-
mittee on Intelligence of the House of Representatives. 
(2) The term "United States person" means any United 
States resident or national (other than an individual resident 
outside the United States and employed by other than a United 
States person), any domestic concern (including any permanent 
domestic establishment of any foreign concern), and any foreign 
subsidiary or affiliate 
(including any permanent 
foreign 
establishment) of any domestic concern which is controlled 
in fact by such domestic concern, as determined under regula-
tions of the President. 
TITLE XV—ARMS CONTROL AND 
COUNTERPROLIFERATION MATTERS 
Sec. 1501. Revision to limitation on retirement or dismantlement of strategic nu-
clear delivery systems. 
Sec. 1502. Sense of Congress on strategic arms reductions. 
Sec. 1503. Report on strategic stability under START III. 
Sec. 1504. Counterproliferation Program Review Committee. 
Sec. 1505. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 
113 STAT. 806 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 1501. REVISION TO LIMITATION ON RETIREMENT OR DIS-
MANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYS-
TEMS. 
(a) REVISED LIMITATION.—Subsections (a) and (b) of section 
1302 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1948) are amended to read 
as follows: 
"(a) FUNDING LIMITATION.—(1) Except as provided in paragraph 
(2), funds available to the Department of Defense may not be 
obligated or expended for retiring or dismantling, 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. 
"(B) 18 Trident ballistic missile submarines. 
"(C) 500 Minuteman III intercontinental ballistic missiles. 
"(D) 50 Peacekeeper intercontinental ballistic missiles. 
"(2) The limitation in paragraph (1)(B) shall be modified in 
accordance with paragraph (3) 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 Integrated Oper-
ational Plan can be met with a reduced number of strategic 
nuclear delivery systems. 
"(C) That reducing the number of strategic nuclear 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. 
"(D) That the United States will retain the ability to 
increase the delivery capacity of its strategic nuclear delivery 
systems should threats arise that require more substantial 
United States strategic forces. 
"(3) If the President submits the certification described in para-
graph (2), then the applicable number in effect under paragraph 
(1)(B)— 
"(A) shall be 16 during the period beginning on the date 
on which such certification is transmitted to Congress and 
ending on the date specified in subparagraph (B); and 
"(B) shall be 14 effective as of the date that is 240 days 
after the date on which such certification is transmitted. 
"(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)(B) 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) 
CONFORMING AMENDMENTS.—Such section is further 
amended— 
(1) in subsection (c)(2), by striking "during the strategic 
delivery systems retirement limitation period" and inserting 
"during the fiscal year during which the START II Treaty 
enters into force"; and 
(2) by striking subsection (g). 
SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS. 
It is the sense of Congress that, in negotiating a START III 
Treaty with the Russian Federation, or any other arms control 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 807 
treaty with the Russian Federation that would require reductions 
in United States strategic nuclear forces, that— 
(1) the strategic nuclear forces and nuclear modernization 
programs of the People's Republic of China and every other 
nation possessing nuclear weapons should be taken into full 
consideration in the negotiation of such treaty; and 
(2) the reductions in United States strategic nuclear forces 
under such a treaty should not be to such an extent as to 
impede the capability of the United States to respond militarily 
to any militarily significant increase in the threat to United 
States security or strategic stability posed by the People's 
Republic of China and any other nation. 
SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III. 
(a) REPORT.—Not later than September 1, 2000, the Secretary President, 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report, to be prepared in consultation with 
the Director of Central Intelligence, on the stability of the future 
strategic nuclear posture of the United States for deterring the 
Russian Federation and other potential nuclear adversaries. 
(b) MATTERS TO BE INCLUDED.—The Secretary shall, at a min-
imum, include in the report the following: 
(1) A discussion of the policy defining the deterrence and 
military-political objectives of the United States against poten-
tial nuclear adversaries. 
(2) A discussion of the military requirements for United 
States nuclear forces, the force structure and capabilities nec-
essary to meet those requirements, and how they relate to 
the achievement of the objectives identified under paragraph 
(1). 
(3) A projection of the strategic nuclear force posture of 
the United States and the Russian Federation that is antici-
pated under a further Strategic Arms Reduction Treaty 
(referred to as "START III"), and an explanation of whether 
and how United States nuclear forces envisioned under that 
posture would be capable of meeting the military sufficiency 
requirements identified under paragraph (2). 
(4) The Secretar)^s assessment of Russia's nuclear force 
posture under START III compared to its present force, 
including its size, vulnerability, and capability for launch on 
tactical warning, and an assessment of whether strategic sta-
bility would be enhanced or diminished under START III, 
including any stabilizing and destabilizing factors and possible 
incentives or disincentives for Russia to launch a first strike, 
or otherwise use nuclear weapons, against the United States 
in a possible future crisis. 
(5) The Secretary's assessment of the nuclear weapon 
capabilities of China and other potential nuclear weapon 
"rogue" states in the foreseeable future, and an assessment 
of the effect of these capabilities on strategic stability, including 
their ability and inclination to use nuclear weapons against 
the United States in a possible future crisis. 
(6) The Secretary's assessment of whether asymmetries 
between the United States and Russia, including doctrine, non-
strategic nuclear weapons, and active and passive defenses, 
are likely to erode strategic stability in the foreseeable future. 
113 STAT. 808 
PUBLIC LAW 106-65—OCT. 5, 1999 
(7) Any other matters the Secretary beHeves are important 
to such a consideration of strategic stability under future 
nuclear postures. 
(c) CLASSIFICATION.—The report shall be submitted in classified 
form and, to the extent possible, in unclassified form. 
SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE. 
(a) EXTENSION OF COMMITTEE.—Subsection (f) of section 1605 
of the National Defense Authorization Act for Fiscal Year 1994 
(22 U.S.C. 2751 note) is amended by striking "September 30, 2000" 
and inserting "September 30, 2004". 
(b) EXECUTIVE SECRETARY OF THE COMMITTEE.—Paragraph (5) 
of subsection (a) of that section is amended to read as follows: 
"(5) The Assistant to the Secretary of Defense for Nuclear 
and Chemical and Biological Defense Programs shall serve as execu-
tive secretary to the committee, except that during any period 
during which that position is vacant the Assistant Secretary of 
Defense for Strategy and Threat Reduction shall serve as the execu-
tive secretary.". 
(c) EARLIER DEADLINE FOR ANNUAL REPORT ON COUNTER-
PROLIFERATION ACTIVITIES AND PROGRAMS.—Section 1503(a) of the 
National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 
2751 note) is amended by striking "May 1 of each year" and 
inserting "February 1 of each year". 
SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO 
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES. 
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR 
2000.—The total amount of the assistance for fiscal year 2000 
that is provided by the Secretary of Defense under section 1505 
of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 
5859a) as activities of the Department of Defense in support of 
activities under that Act may not exceed $15,000,000. 
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.—Sub-
section (f) of section 1505 of the Weapons of Mass Destruction 
Control Act of 1992 (22 U.S.C. 5859a) is amended by striking 
"1999" and inserting "2000". 
(c) REFERENCES TO UNITED NATIONS SPECIAL COMMISSION ON 
IRAQ AND TO FISCAL LIMITATIONS.—(1) Subsection (b)(2) of such 
section is amended by inserting "(or any successor organization)" 
after "United Nations Special Commission on Iraq". 
(2) Subsection (d)(4) of such section is amended— 
(A) in the first sentence of subparagraph (A)— 
(i) by inserting "(or any successor organization)" after 
"United Nations Special Commission on Iraq"; and 
(ii) by striking "the amount specified with respect to 
that year under paragraph (3)," and all that follows and 
inserting "the amount of any limitation provided by law 
on the total amount of such assistance for that fiscal year, 
the Secretary of Defense may provide such assistance with 
respect to that fiscal year notwithstanding that limitation."; 
and 
(B) in subparagraph (B), by striking "under paragraph 
(3)". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 809 
TITLE XVI—NATIONAL SECURITY SPACE 
MATTERS 
Subtitle A—Space Technology Guide; Reports 
Sec. 1601. Space technology guide. 
Sec. 1602. Report on vulnerabilities of United States space assets. 
Sec. 1603. Report on space launch failures. 
Sec. 1604. Report on Air Force space launch facilities. 
Subtitle B—Commercial Space Launch Services 
Sec. 1611. Sense of Congress regarding United States-Russian cooperation in com-
mercial space launch services. 
Sec. 1612. Sense of Congress concerning United States commercial space launch ca-
pacity. 
Subtitle C—Commission To Assess United States National Security Space 
Management and Organization 
Sec. 1621. Establishment of commission. 
Sec. 1622. Duties of commission. 
Sec. 1623. Report. 
Sec. 1624. Assessment by the Secretary of Defense. 
Sec. 1625. Powers. 
Sec. 1626. Commission procedures. 
Sec. 1627. Personnel matters. 
Sec. 1628. Miscellaneous administrative provisions. 
Sec. 1629. Funding. 
Sec. 1630. Termination of the commission. 
Subtitle A—Space Technology Guide; 
Reports 
SEC. 1601. SPACE TECHNOLOGY GUIDE. 
(a) REQUIREMENT.—The Secretary of Defense shall develop a 
detailed guide for investment in space science and technology, dem-
onstrations of space technology, and planning and development 
for space technology systems. In the development of the guide, 
the goal shall be to identify the technologies and technology dem-
onstrations needed for the United States to take full advantage 
of use of space for national security purposes. 
(b) RELATIONSHIP TO FUTURE-YEARS DEFENSE PROGRAM.—The 
space technology guide shall include two alternative technology 
paths. One shall be consistent with the applicable funding limita-
tions associated with the future-years defense program. The other 
shall reflect the assumption that it is not constrained by funding 
limitations. 
(c) RELATIONSHIP TO ACTIVITIES OUTSIDE THE DEPARTMENT OF 
DEFENSE.—The Secretary shall include in the guide a discussion 
of the potential for cooperative investment and technology develop-
ment with other departments and agencies of the United States 
and with private sector entities. 
(d) MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PLAN.—The 
Secretary shall include in the guide a micro-satellite technology 
development plan to guide investment decisions in micro-satellite 
technology and to establish priorities for technology demonstration 
activities. 
(e) USE OF PREVIOUS STUDIES AND REPORTS.—In the develop-
ment of the guide, the Secretary shall take into consideration pre-
viously completed studies and reports that may be relevant to 
the development of the guide, including the following: 
69-194 - 01 - 27 :QL 3 Parti 
113 STAT. 810 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
(1) The Space Control Technology Plan of 1999 of the 
Department of Defense. 
(2) The Long Range Plan of March 1998 of the United 
States Space Command. 
(3) The Strategic Master Plan of December 1997 of the 
Air Force Space Command. 
(f) REPORT.—Not later than April 15, 2000, the Secretary shall 
submit a report on the space technology guide to the congressional 
defense committees. 
SEC. 1602. REPORT ON VULNERABILITIES OF UNITED STATES SPACE 
ASSETS. 
Not later than March 1, 2000, the Secretary of Defense shall 
submit to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the Senate 
a report, prepared in consultation with the Director of Central 
Intelligence, on the current and potential vulnerabilities of United 
States national security and commercial space assets. The report 
shall be submitted in classified and unclassified form. The report 
shall include— 
(1) an assessment of the military significance of the 
vulnerabilities identified in the report; 
(2) an assessment of the significance of space debris; and 
(3) 
an 
assessment 
of 
the 
manner 
in 
which 
the 
vulnerabilities identified in the report could affect United States 
space launch policy and spacecraft design. 
SEC. 1603. REPORT ON SPACE LAUNCH FAILURES. 
(a) REPORT REQUIRED.—The Secretary of Defense shall submit 
to the President and the specified congressional committees a report 
on the factors involved in the three recent failures of the Titan 
IV space launch vehicle and the systemic and management reforms 
that the Secretary is implementing to minimize future failures 
of that vehicle and future launch systems. The report shall be 
submitted not later than February 15, 2000. The Secretary shall 
include in the report all information from the reviews of those 
failures conducted by the Secretary of the Air Force and launch 
contractors. 
(b) MATTERS TO BE INCLUDED.—The report shall include the 
following information: 
(1) An explanation for the failure of a Titan IVA laiuich 
vehicle on August 12, 1998, the failure of a Titan IVB launch 
vehicle on April 9, 1999, and the failure of a Titan IVB launch 
vehicle on April 30, 1999, as well as any information from 
civilian launches which may provide information on systemic 
problems in current Department of Defense launch systems, 
including, in addition to a detailed technical explsmation and 
summary of financial costs for each such failure, a one-page 
summary for each such failure indicating any commonality 
between that failure and other military or civilian launch fail-
ures. 
(2) A review of management and engineering responsibility 
for the Titan, Inertial Upper Stage, and Centaur systems, with 
an explanation of the respective roles of the Government and 
the private sector in ensuring mission success and identification 
of the responsible party (Government or private sector) for 
each major stage in production and launch of the vehicles. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 811 
(3) A list of all contractors and subcontractors for each 
of the Titan, Inertial Upper Stage, and Centaur systems and 
their responsibilities and five-year records for meeting program 
requirements. 
(4) A comparison of the practices of the Department of 
Defense, the National Aeronautics and Space Administration, 
and the commercial launch industry regarding the management 
and oversight of the procurement and launch of expendable 
launch vehicles. 
(5) An assessment of whether consolidation in the aerospace 
industry has affected mission success, including whether cost-
saving efforts are having an effect on quality and whether 
experienced workers are being replaced by less experienced 
workers for cost-saving purposes. 
(6) Recommendations on how Government contracts with 
launch service companies could be improved to protect the 
taxpayer, together with the Secretar^s assessment of whether 
the withholding of award and incentive fees is a sufficient 
incentive to hold contractors to the highest possible quality 
standards and the Secretary's overall evaluation of the award 
fee system. 
(7) A short summary of what went wrong technically and 
managerially in each launch failure and what specific steps 
are being taken by the Department of Defense and space launch 
contractors to ensure that those errors do not reoccur. 
(8) An assessment of the role of the Department of Defense 
in the management and technicsd oversight of the launches 
that failed and whether the Department of Defense, in that 
role, contributed to the failures. 
(9) An assessment of the effect of the launch failures on 
the schedule for Titan launches, on the schedule for develop-
ment and first launch of the Evolved Expendable Launch 
Vehicle, and on the ability of industry to meet Department 
of Defense requirements. 
(10) An assessment of the impact of the launch failures 
on assured access to space by the United States, and a consider-
ation of means by which access to space by the United States 
can be better assured. 
(11) An assessment of any systemic problems that may 
exist at the eastern launch range, whether these problems 
contributed to the launch failures, and what means would 
be most effective in addressing these problems. 
(12) An assessment of the potential benefits and detriments 
of launch insurance and the impact of such insurance on the 
estimated net cost of space launches. 
(13) A review of the responsibilities of the Department 
of Defense and industry representatives in the launch process, 
an examination of the incentives of the Department and 
industry representatives throughout the launch process, and 
an assessment of whether the incentives are appropriate to 
maximize the probability that launches will be timely and 
successful. 
(14) Any other observations and recommendations that the 
Secretary considers relevant. 
(c) INTERIM REPORT.—Not later than December 15, 1999, the Deadline 
Secretary shall submit to the specified congressional committees 
an interim report on the progress in the preparation of the report 
113 STAT. 812 
PUBLIC LAW 106-65—OCT. 5, 1999 
required by this section, including progress with respect to each 
of the matters required to be included in the report under subsection 
(b). 
(d) SPECIFIED CONGRESSIONAL COMMITTEES.—For purposes of 
this section, the term "specified congressional committees" means 
the following: 
(1) The Committee on Armed Services, the Select Com-
mittee on Intelligence, and the Committee on Appropriations 
of the Senate. 
(2) The Committee on Armed Services, the Permanent 
Select Committee on Intelligence, and the Committee on Appro-
priations of the House of Representatives. 
SEC. 1604. REPORT ON AIR FORCE SPACE LAUNCH FACILITIES. 
(a) STUDY OF SPACE LAUNCH RANGES AND REQUIREMENTS.— 
The Secretary of Defense shall, using the Defense Science Board 
of the Department of Defense, conduct a study— 
(1) to assess anticipated military, civil, and commercial 
space launch requirements; 
(2) to examine the technical shortcomings at the space 
launch ranges; 
(3) to evaluate current £ind future oversight and range 
safety arrangements at the space launch ranges; and 
(4) to estimate future funding requirements for space 
launch ranges capable of meeting both national security space 
launch needs and civil and commercial space launch needs. 
Deadline. 
(b) REPORT.—Not later than February 15, 2000, the Secretary 
shall submit to the congressional defense committees a report con-
taining the results of the study. 
Subtitle B—Commercial Space Launch 
Services 
SEC. 1611. SENSE OF CONGRESS REGARDING UNITED STATES-RUS-
SIAN COOPERATION IN COMMERCIAL SPACE LAUNCH 
SERVICES. 
It is the sense of Congress that— 
(1) the United States should demand full and complete 
cooperation from the Government of the Russian Federation 
on preventing the illegal transfer from Russia to Iran or any 
other country of any prohibited fissile material or ballistic 
missile equipment or any technology necessary for the acquisi-
tion or development by the recipient country of any nuclear 
weapon or ballistic missile; 
(2) the United States should take every appropriate 
measure necessary to encourage the Government of the Russian 
Federation to seek out and prevent the illegal transfer from 
Russia to Iran or any other country of any prohibited fissile 
material or ballistic missile equipment or any technology nec-
essary for the acquisition or development by the recipient 
country of any nuclear weapon or ballistic missile; 
(3) the United States Government decision to increase the 
quantitative limitations applicable to commercial space launch 
services provided by Russian space launch providers, based 
upon a serious commitment by the Government of the Russian 
Federation to seek out and prevent the illegal transfer from 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 813 
Russia to Iran or any other country of any prohibited balhstic 
missile equipment or any technology necessary for the acquisi-
tion or development by the recipient country of any ballistic 
missile, should facilitate greater cooperation between the 
United States and the Russian Federation on nonproliferation 
matters; and 
(4) £iny possible future consideration of modifying such 
limitations should be conditioned on a continued serious 
commitment by the Government of the Russian Federation 
to preventing such illegal transfers. 
SEC. 1612. SENSE OF CONGRESS CONCERNING UNITED STATES 
COMMERCIAL SPACE LAUNCH CAPACITY. 
(a) SENSE OF CONGRESS CONCERNING UNITED STATES COMMER-
CIAL SPACE LAUNCH CAPACITY.—It is the sense of Congress that 
Congress and the President should work together to stimulate and 
encourage the expansion of a commercial space launch capacity 
in the United States, including by taking actions to eliminate legal 
or regulatory barriers to long-term competitiveness of the United 
States commercial space launch industry. 
(b) SENSE OF CONGRESS CONCERNING POLICY OF PERMITTING 
EXPORT OF COMMERCIAL SATELLITES TO PEOPLE'S REPUBLIC OF 
CHINA FOR LAUNCH.—It is the sense of Congress that Congress 
£ind the President should— 
(1) reexamine the current United States policy of permit-
ting the export of commercial satellites of United States origin 
to the People's Republic of China for launch; 
(2) review the advantages and disadvantages of phasing 
out that policy, including in that review advantages and dis-
advantages identified by Congress, the executive branch, the 
United States satellite industry, the United States space launch 
industry, the United States telecommunications industry, and 
other interested persons; and 
(3) if the phase out of that policy is adopted, permit the 
export of a commercial satellite of United States origin for 
launch in the People's Republic of China only if— 
(A) the launch is licensed as of the commencement 
of the phase out of that policy; and 
(B) additional actions under section 1514 of the Strom 
Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105-261; 112 Stat. 2175; 22 U.S.C. 
2778 note) are taken to minimize the transfer of technology 
to the People's Republic of China during the course of 
the launch. 
Subtitle C—Commission To Assess United lo use m n
o
t
e
. 
States National Security Space Manage-
ment and Organization 
SEC. 1621. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is hereby established a commission 
known as the Commission To Assess United States National Secu-
rity Space Management and Organization (in this subtitle referred 
to as the "Commission"). 
113 STAT. 814 
PUBLIC LAW 106-65—OCT. 5, 1999 
(b) COMPOSITION.—The Commission shall be composed of 13 
members appointed as follows: 
(1) Four members shall be appointed by the chairman 
of the Committee on Armed Services of the Senate. 
(2) Four members shall be appointed by the chairman 
of the Committee on Armed Services of the House of Represent-
atives. 
(3) Three members shall be appointed jointly by the ranking 
minority member of the Committee on Armed Services of the 
Senate and the ranking minority member of the Committee 
on Armed Services of the House of Representatives. 
(4) Two members shall be appointed by the Secretary of 
Defense, in consultation with the Director of Central Intel-
ligence. 
(c) QUALIFICATIONS.—Members of the Commission shall be 
appointed from among private citizens of the United States who 
have knowledge and expertise in the areas of national security 
space policy, programs, organizations, and future national security 
concepts. 
(d) CHAIRMAN.—The chairman of the Committee on Armed 
Services of the Senate, after consultation with the chairman of 
the Armed Services Committee of the House of Representatives 
and the ranking minority members of the Committees on Armed 
Services of the House of Representatives and the Senate, shsdl 
designate one of the members of the Commission to serve as chair-
man of the Commission. 
(e) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall be filled in the same manner as the original 
appointment. 
(f) SECURITY CLEARANCES.—^All members of the Commission 
shall hold appropriate security clearances. 
Deadlines. 
(g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All appoint-
ments to the Commission shall be made not later than 90 days 
after the date of the enactment of this Act. 
(2) The Commission shall convene its first meeting not later 
than 60 days after the date as of which all members of the Commis-
sion have been appointed, but not earlier than October 15, 1999. 
SEC. 1622. DUTIES OF COMMISSION. 
(a) ASSESSMENT OF UNITED STATES NATIONAL SECURITY SPACE 
MANAGEMENT AND ORGANIZATION.—The Commission shall, con-
cerning changes to be implemented over the near-term, medium-
term, and long-term that would strengthen United States national 
security, assess the following: 
(1) The m£inner in which military space assets may be 
exploited to provide support for United States military oper-
ations. 
(2) The current interagency coordination process regarding 
the operation of national security space assets, including identi-
fication of interoperability and communications issues. 
(3) The relationship between the intelligence and nonintel-
ligence aspects of national security space (so-called "white 
space" and "black space"), and the potential costs and benefits 
of a partial or complete merger of the programs, projects, or 
activities that are differentiated by those two aspects. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 815 
(4) The manner in which military space issues are 
addressed by professional military education institutions. 
(5) The potential costs and benefits of establishing any 
of the following: 
(A) An independent military department and service 
dedicated to the national security space mission. 
(B) A corps within the Air Force dedicated to the 
national security space mission. 
(C) A position of Assistant Secretary of Defense for 
Space within the Office of the Secretary of Defense. 
(D) A new major force program, or other budget mecha-
nism, for managing national security space funding within 
the Department of Defense. 
(E) Any other change to the existing organizational 
structure of the Department of Defense for national security 
space management and organization. 
(b) COOPERATION FROM GOVERNMENT OFFICIALS.—In carrying 
out its duties, the Commission should receive the full and timely 
cooperation of the Secretary of Defense, the Director of Central 
Intelligence, and any other United States Government official 
responsible for providing the Commission with analyses, briefings, 
and other information necessary for the fulfillment of its responsibil-
ities. 
SEC. 1623. REPORT. 
The Commission shall, not later than six months after the 
date of its first meeting, submit to Congress and to the Secretary 
of Defense a report on its findings and conclusions. 
SEC. 1624. ASSESSMENT BY THE SECRETARY OF DEFENSE. 
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 Representatives an assessment of the Commission's 
findings not later than 90 days after the submission of the Commis-
sion's report. 
SEC. 1625. POWERS. 
(a) HEARINGS.—The Commission or, at its direction, any panel 
or member of the Commission, may, for the purpose of carrying 
out the provisions of this subtitle, hold hearings, sit and act at 
times and places, take testimony, receive evidence, and administer 
oaths to the extent that the Commission or any panel or member 
considers advisable. 
(b) INFORMATION.—The Commission may secure directly from 
the Department of Defense, the other departments and agencies 
of the intelligence community, and any other Federal department 
or agency information that the Commission considers necessary 
to enable the Commission to carry out its responsibilities under 
this subtitle. 
SEC. 1626. COMMISSION PROCEDURES. 
(a) MEETINGS.—The Commission shall meet at the call of the 
chairman. 
(b) QUORUM.—(l) Seven members of the Commission shall con-
stitute a quorum other than for the purpose of holding hearings. 
(2) The Commission shall act by resolution agreed to by a 
majority of the members of the Commission. 
Deadline. 
Deadline. 
113 STAT. 816 
PUBLIC LAW 106-65—OCT. 5, 1999 
(c) COMMISSION.—The Commission may establish panels com-
posed of less than full membership of the Commission for the 
purpose of carrying out the Commission's duties. The actions of 
each such panel shall be subject to the review and control of 
the Commission. Any findings and determinations made by such 
a panel shall not be considered the findings and determinations 
of the Commission unless approved by the Commission. 
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.— 
Any member or agent of the Commission may, if authorized by 
the Commission, take any action which the Commission is author-
ized to take under this subtitle. 
SEC. 1627. PERSONNEL MATTERS. 
(a) PAY OF MEMBERS.—Members of the Commission shall serve 
without pay by reason of their work on the Commission. 
(b) TRAVEL EXPENSES.—The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission. 
(c) STAFF.—(1) The chairman of the Commission may, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, appoint a staff director 
and such additional personnel as may be necessary to enable the 
Commission to perform its duties. The appointment of a staff 
director shall be subject to the approval of the Commission. 
(2) The chairman of the Commission may fix the pay of the 
staff director and other personnel without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and General 
Schedule pay rates, except that the rate of pay fixed under this 
paragraph for the staff director may not exceed the rate payable 
for level V of the Executive Schedule under section 5316 of such 
title and the rate of pay for other personnel may not exceed the 
maximum rate payable for grade GS-15 of the General Schedule. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the 
chairman of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any personnel 
of that department or agency to the Commission to assist it in 
carrying out its duties. 
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—^The chairman of the Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay payable for level V 
of^the Executive Schedule under section 5316 of such title. 
SEC. 1628. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. 
(a) POSTAL AND PRINTING SERVICES.—The Commission may 
use the United States mails and obtain printing and binding serv-
ices in the same manner and under the same conditions as other 
departments £ind agencies of the Federal Government. 
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.— 
The Secretary of Defense shall furnish the Commission, on a 
reimbursable basis, any administrative and support 
services 
requested by the Commission. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 817 
(c) 
NATIONAL 
SECURITY 
INFORMATION.—The 
Secretary 
of 
Defense, in consultation with the Director of Central Intelligence, 
shall assume responsibility for the handling and disposition of 
national security information received and used by the Commission. 
SEC. 1629. FUNDING. 
Funds for activities of the Commission shall be provided from 
amounts appropriated for the Department of Defense for operation 
and maintenance for Defense-wide activities for fiscal year 2000. 
Upon receipt of a written certification fi-om the chairman of the 
Commission specifying the funds required for the activities of the 
Commission, the Secretary of Defense shall promptly disburse to 
the Commission, from such amounts, the funds required by the 
Commission as stated in such certification. 
SEC. 1630. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 60 days after the date of 
the submission of its report under section 1623. 
TITLE XVII—TROOPS-TO-TEACHERS 
T
r
o
o
p
s t
o 
Tead 
Progr 
1999. 
PROGRAM 
S o t a m Act of 
Sec. 1701. Short title; definitions. 
Sec. 1702. Authorization of Troops-to-Teachers Program. 
Sec. 1703. EUgible members of the Armed Forces. 
Sec. 1704. Selection of participants. 
Sec. 1705. Stipend and bonus for participants. 
Sec. 1706. Participation by States. 
Sec. 1707. Termination of original program; transfer of functions. 
Sec. 1708. Reporting requirements. 
Sec. 1709. Funds for fiscal year 2000. 
SEC. 1701. SHORT TITLE; DEFINITIONS. 
20 USC 9301. 
(a) SHORT TITLE.—This title may be cited as the "Troops-to-
Teachers Program Act of 1999". 
(b) DEFINITIONS.—In this title: 
(1) The term "administering Secretary", with respect to 
the Troops-to-Teachers Program, means the following: 
(A) The Secretary of Defense with respect to the Armed 
Forces (other than the Coast Guard) for the period begin-
ning on the date of the enactment of this Act, and ending 
on the date of the completion of the transfer of responsi-
bility for the Troops-to-Teachers Program to the Secretary 
of Education under section 1707. 
(B) The Secretary of Transportation with respect to 
the Coast Guard for the period referred to in subparagraph 
(A). 
(C) The Secretary of Education for any period after 
the period referred to in subparagraph (A). 
(2) The term "alternative certification or licensure require-
ments" means State or local teacher certification or licensure 
requirements that permit a demonstrated competence in appro-
priate subject areas gained in careers outside of education 
to be substituted for traditional teacher training course work. 
(3) The term "member of the Armed Forces" includes a 
former member of the Armed Forces. 
(4) The term "State" includes the District of Columbia, 
American Samoa, the Federated States of Micronesia, Guam, 
113 STAT. 818 
PUBLIC LAW 106-65—OCT. 5, 1999 
the Republic of the Marshall Islands, the Commonwealth of 
the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the Republic of Palau, and the United States Virgin 
Islands. 
20 use 9302. 
SEC. 1702. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM. 
(a) PROGRAM AUTHORIZED.—The administering Secretary may 
carry out a program (to be known as the "Troops-to-Teachers Pro-
gram")— 
(1) to assist eligible members of the Armed Forces after 
their discharge or release, or retirement, from active duty to 
obtain certification or licensure as elementary or secondary 
school teachers or as vocational or technical teachers; and 
(2) to facilitate the emplo5mient of such members by local 
educational agencies identified under subsection (b)(1). 
(b) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCIES WITH 
TEACHER SHORTAGES.—(1) In carrying out the Troops-to-Teachers 
Program, the administering Secretary shall periodically identify 
local educational agencies that— 
(A) are receiving grants under title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
as a result of having within their jurisdictions concentrations 
of children from low-income families; or 
(B) are experiencing a shortage of qualified teachers, in 
particular a shortage of science, mathematics, special education, 
or vocational or technical teachers. 
(2) The administering Secretary may identify local educational 
agencies under paragraph (1) through surveys conducted for that 
purpose or by using information on local educational agencies that 
is available to the administering Secretary from other sources. 
(c) IDENTIFICATION OF STATES WITH ALTERNATIVE CERTIFI-
CATION REQUIREMENTS.—In carrying out the Troops-to-Teachers 
Program, the administering Secretary shall also conduct a survey 
of States to identify those States that have alternative certification 
or licensure requirements for teachers, including those States that 
grant credit for service in the Armed Forces toward satisfying 
certification or licensure requirements for teachers. 
(d) LIMITATION ON USE OF FUNDS FOR MANAGEMENT INFRA-
STRUCTURE.—The administering Secretary may utilize not more 
than five percent of the funds available to carry out the Troops-
to-Teachers Program for a fiscal year for purposes of establishing 
and maintaining the management infrastructure necessary to sup-
port the program. 
20 use 9303. 
SEC. 1703. ELIGIBLE MEMBERS OF THE ARMED FORCES. 
(a) ELIGIBLE MEMBERS.—Subject to subsection (c), the following 
members of the Armed Forces shall be eligible for selection to 
participate in the Troops-to-Teachers Program: 
(1) Any member who— 
(A) during the period beginning on October 1, 1990, 
and ending on September 30, 1999, was involuntarily dis-
charged or released from active duty for purposes of a 
reduction of force after six or more years of continuous 
active duty immediately before the discharge or release; 
and 
(B) satisfies such other criteria for selection as the 
administering Secretary may prescribe. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 819 
(2) Any member who applied for the teacher placement 
program administered under section 1151 of title 10, United 
States Code, as in effect before its repeal by section 1707, 
and who satisfies the eligibility criteria specified in subsection 
(c) of such section 1151. 
(3) Any member who— 
(A) on or after October 1, 1999, becomes entitled to 
retired or retainer pay in the manner provided in title 
10 or title 14, United States Code; 
(B) has the educational background required by sub-
section (b); and 
(C) satisfies the criteria prescribed under paragraph 
(IXB). 
(b) EDUCATIONAL BACKGROUND.—(1) In the case of a member 
of the Armed Forces described in subsection (a)(3) who is applying 
for assistance for placement as an elementary or secondary school 
teacher, the administering Secretary shall require the member to 
have received a baccalaureate or advanced degree from an accred-
ited institution of higher education. 
(2) In the case of a member described in subsection (a)(3) 
who is applying for assistance for placement as a vocational or 
technical teacher, the administering Secretary shall require the 
member— 
(A) to have received the equivalent of one year of college 
from an accredited institution of higher education and have 
10 or more years of military experience in a vocational or 
technical field; or 
(B) to otherwise meet the certification or licensure require-
ments for a vocational or technical teacher in the State in 
which the member seeks assistance for placement under the 
program. 
(c) INELIGIBLE MEMBERS.—^A member of the Armed Forces 
described in subsection (a) is eligible to participate in the Troops-
to-Teachers Program only if the member's last period of service 
in the Armed Forces was characterized as honorable. 
(d) INFORMATION REGARDING PROGRAM.—(1) The administering 
Secretary shall provide information regarding the Troops-to-
Teachers Program, and make applications for the program available, 
to members of the Armed Forces as part of preseparation counseling 
provided under section 1142 of title 10, United States Code. 
(2) The information provided to members shall— 
(A) indicate the local educational agencies identified under 
section 1702(b); and 
(B) identify those States surveyed under section 1702(c) 
that have alternative certification or licensure requirements 
for teachers, including those States that grant credit for service 
in the Armed Forces toward satisf5dng such requirements. 
SEC. 1704. SELECTION OF PARTICIPANTS. 
20 USC 9304. 
(a) SUBMISSION OF APPLICATIONS.—Selection of eligible mem-
bers of the Armed Forces to participate in the Troops-to-Teachers 
Program shall be made on the basis of applications submitted 
to the administering Secretary on a timely basis. An application 
shall be in such form and contain such information as the admin-
istering Secretary may require. 
113 STAT. 820 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
Deadline. 
(b) TIMELY APPLICATIONS.—^An application shall be considered 
to be submitted on a timely basis if the application is submitted 
as follows: 
(1) In the case of a member of the Armed Forces who 
is eligible under section 1703(a)(1) or 1703(a)(2), not later than 
September 30, 2003. 
(2) In the case of a member who is eligible under section 
1703(a)(3), not later than four years after the date on which 
the member first receives retired or retainer pay under title 
10 or title 14, United States Code. 
(c) SELECTION PRIORITIES.—In selecting eligible members of 
the Armed Forces to receive assistance for placement as elementary 
or secondary school teachers or vocational or technical teachers, 
the administering Secretary shall give priority to members who— 
(1) have educational or military experience in science, 
mathematics, special education, or vocational or technical sub-
jects and agree to seek emplojnnent as science, mathematics, 
or special education teachers in elementary or secondary schools 
or in other schools under the jurisdiction of a local educational 
agency; or 
(2) have educational or military experience in another sub-
ject area identified by the administering Secretary, in consulta-
tion with the National Governors Association, as important 
for national educational objectives and agree to seek employ-
ment in that subject area in elementary or secondary schools. 
(d) SELECTION SUBJECT TO FUNDING.—The administering Sec-
retary may not select a member of the Armed Forces to participate 
in the Troops-to-Teachers Program unless the administering Sec-
retary has sufficient appropriations for the program available at 
the time of the selection to satisfy the obligations to be incurred 
by the United States under section 1705 with respect to that 
member. 
(e) PARTICIPATION AGREEMENT.—A member of the Armed Forces 
selected to participate in the Troops-to-Teachers Program shall 
be required to enter into an agreement with the administering 
Secretary in which the member agrees— 
(1) to obtain, within such time as the administering Sec-
retary may require, certification or licensure as an elementary 
or secondary school teacher or vocational or technical teacher; 
and 
(2) to accept an offer of full-time emplo3mient as an 
elementary or secondary school teacher or vocational or tech-
nical teacher for not less than four school years with a local 
educational agency identified under section 1702, to begin the 
school year after obtaining that certification or licensure. 
(f) EXCEPTIONS TO VIOLATION DETERMINATION.—^A participant 
in the Troops-to-Teachers Program shall not be considered to be 
in violation of an agreement entered into under subsection (e) 
during any period in which the participant— 
(1) is pursuing a full-time course of study related to the 
field of teaching at an eligible institution; 
(2) is serving on active duty as a member of the Armed 
Forces; 
(3) is temporarily totally disabled for a period of time 
not to exceed three years as established by sworn affidavit 
of a qualified physician; 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 821 
(4) is unable to secure employment for a period not to 
exceed 12 months by reason of the care required by a spouse 
who is disabled; 
(5) is seeking and unable to find full-time employment 
as a teacher in an elementary or secondary school or as a 
vocational or technical teacher for a single period not to exceed 
27 months; or 
(6) satisfies the provisions of additional reimbursement 
exceptions that may be prescribed by the administering Sec-
retary. 
SEC. 1705. STIPEND AND BONUS FOR PARTICIPANTS. 
20 USC 9305. 
(a) STIPEND AUTHORIZED.—(1) Subject to paragraph (2), the 
administering Secretary shall pay to each participant in the Troops-
to-Teachers Program a stipend in an amount equal to $5,000. 
(2) The total number of stipends that may be paid under 
paragraph (1) in any fiscal year may not exceed 3,000. 
(b) BONUS AUTHORIZED.—(1) Subject to paragraph (2), the 
administering Secretary may, in lieu of paying a stipend under 
subsection (a), pay a bonus of $10,000 to each participant in the 
Troops-to-Teachers Program who agrees under section 1704(e) to 
accept full-time employment as an elementary or secondary school 
teacher or vocational or technical teacher for not less than four 
years in a high need school. 
(2) The total number of bonuses that may be paid under para-
graph (1) in any fiscal year may not exceed 1,000. 
(3) In this subsection, the term "high need school" means £ui 
elementary school or secondary school that meets one or more 
of the following criteria: 
(A) The school has a drop out rate that exceeds the national 
average school drop out rate. 
(B) The school has a large percentage of students (as deter-
mined by the Secretary of Education in consultation with the 
National Assessment Governing Board) who speak English as 
a second language. 
(C) The school has a large percentage of students (as so 
determined) who are at risk of educational failure by reason 
of limited proficiency in English, poverty, race, geographic loca-
tion, or economic circumstances. 
(D) At least one-half of the students of the school are 
fi*om families with an income below the poverty line (as that 
term is defined by the Office of Management and Budget and 
revised annually in accordance with section 673(2) of the 
Community Services Block Grant Act (42 U.S.C. 9902(2)) 
applicable to a family of the size involved. 
(E) The school has a large percentage of students (as so 
determined) who qualify for assistance under part B of the 
Individuals with Disabilities Education Act (20 U.S.C. 1411 
et seq.). 
(F) The school meets any other criteria established by 
the administering Secretary in consultation with the National 
Assessment Governing Board. 
(c) TREATMENT OF STIPEND AND BONUS.—Stipends and bonuses 
paid under this section shall be taken into account in determining 
the eligibility of the participant concerned for Federal student finan-
cial assistance provided under title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1070 et seq.). 
113 STAT. 822 
PUBLIC LAW 106-65—OCT. 5, 1999 
(d) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.—(1) If 
a participant in the Troops-to-Teachers Program fails to obtain 
teacher certification or hcensure or employment as an elementary 
or secondary school teacher or vocational or technical teacher as 
required by the agreement under section 1704(e) or voluntarily 
leaves, or is terminated for cause, fi^om the employment during 
the four years of required service in violation of the agreement, 
the participant shall be required to reimburse the administering 
Secretary for any stipend paid to the participant under subsection 
(a) in an amount that bears the same ratio to the amount of 
the stipend as the unserved portion of required service bears to 
the four years of required service. 
(2) If a participant in the Troops-to-Teachers Program who 
is paid a bonus under subsection (b) fails to obtain emplo3nnent 
for which the bonus was paid as required by the agreement under 
section 1704(e), or voluntarily leaves or is terminated for cause 
from the employment during the four years of required service 
in violation of the agreement, the participant shall be required 
to reimburse the administering Secretary for any bonus paid to 
the participant under that subsection in an amount that bears 
the same ratio to the amount of the bonus as the unserved portion 
of required service bears to the four years of required service. 
(3) The obligation to reimburse the administering Secretary 
under this subsection is, for all purposes, a debt owing the United 
States. A discharge in bankruptcy under title 11, United States 
Code, shall not release a participant from the obligation to 
reimburse the administering Secretary. 
(4) Any amount owed by a participant under this subsection 
shall bear interest at the rate equal to the highest rate being 
paid by the United States on the day on which the reimbursement 
is determined to be due for securities having maturities of ninety 
days or less and shall accrue fi'om the day on which the participant 
is first notified of the amount due. 
(e) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT.—^A partici-
p£int in the Troops-to-Teachers Program shall be excused fi'om 
reimbursement under subsection (d) if the participant becomes 
permanently totally disabled as established by sworn affidavit of 
a qualified physician. The administering Secretary may also waive 
reimbursement in cases of extreme hardship to the participant, 
as determined by the administering Secretary. 
(f) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONT-
GOMERY GI BILL.—The receipt by a participant in the Troops-
to-Teachers Program of any assistance under the program shall 
not reduce or otherwise affect the entitlement of the participant 
to any benefits under chapter 30 of title 38, United States Code, 
or chapter 1606 of title 10, United States Code. 
20 use 9306. 
SEC. 1706. PARTICIPATION BY STATES. 
(a) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF 
STATES.—The administering Secretary may permit States partici-
pating in the Troops-to-Teachers Program to carry out activities 
authorized for such States under the program through one or more 
consortia of such States. 
(b) ASSISTANCE TO STATES.—(1) Subject to paragraph (2), the 
administering Secretary may make grants to States participating 
in the Troops-to-Teachers Program, or to consortia of such States, 
in order to permit such States or consortia of States to operate 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 823 
10 u s e 1151 
note. 
offices for purposes of recruiting eligible members of the Armed 
Forces for participation in the program and facilitating the employ-
ment of participants in the program in schools in such States 
or consortia of States. 
(2) The total amount of grants under paragraph (1) in any 
fiscal year may not exceed $4,000,000. 
SEC. 1707. TERMINATION OF ORIGINAL PROGRAM; TRANSFER OF 20USC9307. 
FXJNCTIONS. 
(a) TERMINATION.—(1) Section 1151 of title 10, United States 
Code, is repealed. 
(2) The table of sections at the beginning of chapter 58 of 
such title is amended by striking the item relating to section 1151. 
(3) The repeal of such section shall not affect the validity 
or terms of any agreement entered into before the date of the 
enactment of this Act under subsection (f) of such section, or to 
pay assistance, make grants, or obtain reimbursement in connection 
with such an agreement under subsections (g), (h), and (i) of such 
section, as in effect before its repeal. 
(b) TRANSFER OF FUNCTIONS.—(1) The Secretary of Defense, 
the Secretary of Transportation, and the Secretary of Education 
shall provide for the transfer to the Secretary of Education of 
any on-going functions and responsibilities of the Secretary of 
Defense and the Secretary of Transportation with respect to— 
(A) the program authorized by section 1151 of title 10, 
United States Code, before its repeal by subsection (a)(1); and 
(B) the Troops-to-Teachers Program for the period begin-
ning on the date of the enactment of this Act and ending 
on September 30, 2000. 
(2) The Secretaries referred to in paragraph (1) shall complete Deadline, 
the transfer under such paragraph not later than October 1, 2000. 
(3) After completion of the transfer, the Secretary of Education 
shall discharge that Secretar^s functions and responsibilities with 
respect to the program in consultation with the Secretary of Defense 
and the Secretary of Transportation with respect to the Coast 
Guard. 
SEC. 1708. REPORTING REQUIREMENTS. 
10 USC 9308. 
(a) REPORT REQUIRED.—Not later than March 31, 2001, the Deadline. 
Secretary of Education (in consultation with the Secretary of 
Defense and the Secretary of Transportation) and the Comptroller 
General shall each submit to Congress a report on the effectiveness 
of the Troops-to-Teachers Program in the recruitment and retention 
of qualified personnel by local educational agencies identified under 
section 1702(b). 
(b) ELEMENTS OF REPORT.—The report under subsection (a) 
shall include information on the following: 
(1) The number of participants in the Troops-to-Teachers 
Program. 
(2) The schools in which such participants are employed. 
(3) The grade levels at which such participants teach. 
(4) The subject matters taught by such participants. 
113 STAT. 824 
PUBLIC LAW 106-65—OCT. 5, 1999 
20 u s e 9309. 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 2000. 
(5) The effectiveness of the teaching of such participants, 
as indicated by any relevant test scores of the students of 
such participants. 
(6) The extent of any academic improvement in the schools 
in which such participgmts teach by reason of their teaching. 
(7) The rates of retention of such participants by the local 
educational agencies employing such participants. 
(8) The effect of any stipends or bonuses under section 
1705 in enhancing participation in the program or in enhancing 
recruitment or retention of participants in the program by 
the local educational agencies employing such participants. 
(9) Such other matters as the Secretary of Education or 
the Comptroller General, as the case may be, considers appro-
priate. 
(c) RECOMMENDATIONS.—The report of the Comptroller General 
under this section shall also include any recommendations of the 
Comptroller General as to means of improving the Troops-to-
Teachers Program, including means of enhancing the recruitment 
and retention of participants in the program. 
SEC. 1709. FUNDS FOR FISCAL YEAR 2000. 
Of the amount authorized to be appropriated by section 301 
for operation and maintenance for fiscal year 2000, $3,000,000 
shall be available for purposes of carrjdng out the Troops-to-
Teachers Program. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as 
Authorization Act for Fiscal Year 2000" 
the "Military Construction 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2104(a)(1), the Secretary of the Army may acquire 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: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 825 
Army: Inside the United States 
State 
Installation or location 
Amount 
Alabama 
Alaska ... 
Arkansas. 
California 
Colorado 
District of Columbia 
Georgia 
Hawaii ... 
Kansas ... 
Kentucky 
Louisiana 
Maryland 
Massachusetts . 
Missouri 
New York 
Nevada 
North Carolina 
Oklahoma 
Pennsylvania 
South Carolina 
Texas 
Virginia 
Washington 
CONUS Various 
Redstone Arsenal 
Fort Richardson 
Fort Wainwright 
Pine Bluff Arsenal 
Fort Irwin 
Presidio of Monterey 
Fort Carson 
Peterson Air Force Base 
Fort McNair 
Walter Reed Medical Center .... 
Fort Benning 
Fort Stewart 
Schofield Barracks 
Fort Leavenworth 
Fort Riley 
Blue Grass Army Depot 
Fort Campbell 
Fort Knox 
Fort Polk 
Fort Meade 
Westover Air Reserve Base 
Fort Leonard Wood 
Fort Drum 
Hawthorne Army Depot 
Fort Bragg 
Sunny Point Military Ocean 
minal 
Fort Sill 
McAlester Army Ammunition .. 
Carlisle Barracks 
Letterkenny Army Depot 
Fort Jackson 
Fort Bliss 
Fort Hood 
Fort Belvoir 
Fort Eustis 
Fort Myer 
Fort Story 
Fort Lewis 
CONUS Various 
Ter-
$9,800,000 
$14,600,000 
$34,800,000 
$18,000,000 
$32,400,000 
$7,100,000 
$4,400,000 
$25,000,000 
$1,250,000 
$6,800,000 
$48,400,000 
$71,700,000 
$95,000,000 
$34,100,000 
$27,000,000 
$6,000,000 
$56,900,000 
$1,300,000 
$6,700,000 
$22,450,000 
$4,000,000 
$27,100,000 
$23,000,000 
$1,700,000 
$125,400,000 
$3,800,000 
$33,200,000 
$16,600,000 
$5,000,000 
$3,650,000 
$7,400,000 
$52,350,000 
$84,500,000 
$3,850,000 
$43,800,000 
$2,900,000 
$8,000,000 
$23,400,000 
$36,400,000 
Total 
$1,029,750,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out mihtary 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 
Korea 
Installation or location 
Camp Casey 
Camp Howze 
Camp Stanley 
Total 
Amount 
$31,000,000 
$3,050,000 
$3,650,000 
$37,700,000 
113 STAT. 826 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
Army: Family Housing 
State 
Korea 
Virginia 
Washington 
Installation or loca-
tion 
Camp Humphreys , 
Fort Lee 
Fort Lewis 
Purpose 
60 Units 
46 Units 
48 Units 
Total 
Amount 
$24,000,000 
$8,000,000 
$9,000,000 
$41,000,000 
(b) 
PLANNING AND DESIGN.—Using amoimts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement 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 pursuEint to the authorization of appro-
priations in sections 2104(a)(5)(A), the Secretary of the Army may 
improve existing military family 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 appro-
priated for fiscal years beginning after September 30, 1999, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $2,353,231,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $930,058,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $37,700,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $9,500,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$91,414,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, plginning and 
design, and improvement of military family housing and 
facilities, $80,700,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $1,089,812,000. 
(6) For the construction of the United States Disciplinary 
Barracks, Fort Leavenworth, Ksmsas, authorized in section 
2101(a) of the Military Construction Authorization Act for 
Fiscal Year 1998 (division B of Pubhc Law 105-85; 111 Stat. 
1967), $18,800,000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 827 
(7) For the construction of the force XXI soldier develop-
ment center, Fort Hood, Texas, authorized in section 2101(a) 
of the Military Construction Authorization Act for Fiscal Year 
1998 (division B of Pubhc 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 Construc-
tion Authorization Act for Fiscal 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, author-
ized in section 2101(a) of the Military Construction Authoriza-
tion 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, authorized in section 
2101(a) of the Military Construction Authorization Act for 
Fiscal Year 1999 (division B of Pubhc Law 105-261; 112 Stat. 
2182), $32,000,000. 
(11) For the construction of the multi-purpose digital 
training range. Fort Knox, Kentucky, authorized 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. 
(12) For the construction of the power plant, Roi Namur 
Island, Kwajalein Atoll, Kwajalein, authorized 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 authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized 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 appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $46,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of the whole barracks 
complex renewal at Schofield Barracks, Hawaii); 
(3) $22,000,000 (the balance of the amount authorized 
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 authorized 
under section 2101(a) for the construction of tank trail erosion 
mitigation at the Yakima Training Center, Fort Lewis, Wash-
ington); 
(5) $10,100,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a tactical equip-
ment shop at Fort Sill, Oklahoma); 
(6) $2,592,000 (the balance of the amount authorized under 
section 2101(a) for the construction of the chemical defense 
qualification facility at Pine Bluff Arsenal, Arkansas); and 
(7) $9,000,000 (the balance of the amount authorized under 
section 2101(a) for the construction of the whole barracks ren-
ovation at Fort Riley, Kansas). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (12) of subsection (a) 
113 STAT. 828 
PUBLIC LAW 106-65—OCT. 5, 1999 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
(1) $41,953,000, which represents the combination of project 
savings in mihtary construction resulting from favorable bids, 
reduced overhead charges, and cancellations due to force struc-
ture changes; and 
(2) $3,500,000, which represents the combination of savings 
in military family housing support resulting from favorable 
bids, reduced overhead costs, and cancellations due to force 
structure changes. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out fiscal year 1997 project. 
Sec. 2206. Authorization to accept electrical substation improvement, Guam. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(1), the Secretary of the Navy may acquire 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 
Arizona ... 
California 
Florida 
Georgia 
Hawaii 
Idaho 
Installation or location 
Marine Corps Air Station, Yuma 
Navy Detachment, Camp Navajo 
Marine Corps Air-Ground 
Combat 
Center, Twentynine Palms 
Marine Corps Base, Camp Pendleton 
Marine Corps Logistics Base, Bar-
stow 
Marine Corps Recruit Depot, San 
Diego 
Naval Air Station, Lemoore 
Naval Air Station, North Island 
Naval Air Warfare Center, China 
Lake 
Naval Air Warfare Center, Corona .... 
Naval Hospital, San Diego 
Naval Hospital, Twentynine Palms ... 
Naval Postgraduate School 
Naval Air Station, Whiting Field, 
Milton 
Naval Station, Mayport 
Marine Corps Logistics Base, Albany 
Camp H.M. Smith 
Marine Corps Air Station, Kaneohe 
Bay 
Naval Shipyard, Pearl Harbor 
Naval Station, Pearl Harbor 
Naval Submarine Base, Pearl Harbor 
Naval 
Surface 
Warfare 
Center, 
Bayview 
Amount 
$17,020,000 
$7,560,000 
$34,760,000 
$38,460,000 
$4,670,000 
$3,200,000 
$24,020,000 
$54,420,000 
$4,000,000 
$7,070,000 
$21,590,000 
$7,640,000 
$5,100,000 
$5,350,000 
$9,560,000 
$6,260,000 
$86,050,000 
$5,790,000 
$10,610,000 
$18,600,000 
$29,460,000 
$10,040,000 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 829 
Navy: Inside the United States—Continued 
State 
Illinois 
Indiana 
Maine 
Maryland 
Mississippi 
New Jersey 
North Carolina 
Pennsylvania 
South Carolina 
Texas 
Virginia 
Washington 
Installation or location 
Naval Training Center, Great Lakes 
Naval Surface Warfare Center, Crone 
Naval Air Station, Brunswick 
Naval Air Warfare Center, Patuxent 
River 
Naval Surface Warfare Center, In-
dian Head 
Naval Air Station, Meridian 
Naval Construction Battalion Center 
Gulfport 
Naval Air Warfare Center Aircraft 
Division, Lakehurst 
Marine Corps Air Station, New River 
Marine Corps Base, Camp Lejeune ... 
Navy Ships Parts Control Center, 
Mechanicsburg 
Norfolk Naval Shipyard Detachment, 
Philadelphia 
Naval Weapons Station, Charleston .. 
Marine Corps Air Station, Beaufort .. 
Naval Station, Ingleside 
Marine Corps Combat Development 
Command, Quantico 
Naval Air Station, Oceana 
Naval Shipyard, Norfolk 
Naval Station, Norfolk 
Naval Weapons Station, Yorktown .... 
Tactical 
Training 
Group 
Atlantic, 
Dam Neck 
Naval Ordnance Center Pacific Divi-
sion Detachment, Port Hadlock 
Naval 
Undersea 
Warfare 
Center, 
Keyport 
Puget Sound Naval Shipyard, Brem-
erton 
Strategic Weapons Facility Pacific, 
Bremerton 
Total 
Amount 
$57,290,000 
$7,270,000 
$16,890,000 
$4,560,000 
$10,070,000 
$7,280,000 
$19,170,000 
$15,710,000 
$5,470,000 
$21,380,000 
$2,990,000 
$13,320,000 
$7,640,000 
$18,290,000 
$11,780,000 
$20,820,000 
$11,490,000 
$17,630,000 
$69,550,000 
$25,040,000 
$10,310,000 
$3,440,000 
$6,700,000 
$15,610,000 
$6,300,000 
$817,230,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out mihtary construction projects for the locations outside 
the United States, and in the amounts, set forth in the following 
table: 
Navy: Outside the United States 
Country 
Bahrain 
Diego Garcia 
Installation or location 
Administrative Support Unit 
Naval Support Facility, Diego Garcia 
Total 
Amount 
$83,090,000 
$8,150,000 
$91,240,000 
113 STAT. 830 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set fort;h in the following 
table: 
Navy: Family Housing 
State 
Arizona 
California 
North Carolina 
Installation or location 
Marine Corps Air Sta-
tion, Yuma 
Naval Air Station, 
Marine Corps Air Sta-
tion, Kaneohe Bay 
Marine Corps Base, Ha-
waii 
Naval Base, Pearl Har-
bor 
Naval Base, Pearl Har-
bor 
Marine Corps Air Sta-
tion, Cherry Point 
Purpose 
49 Units 
116 Units .... 
100 Units .... 
30 Units 
133 Units .... 
96 Units 
180 Units .... 
Total 
Amount 
$8,500,000 
$20,188,000 
$26,615,000 
$8,000,000 
$30,168,000 
$19,167,000 
$22,036,000 
$134,674,000 
(b) 
PLANNING AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the authorization 
of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of military family 
housing unitain an amoimt not to exceed $17,715,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, £ind 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $181,882,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1999, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$2,108,087,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $733,390,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $91,240,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $7,342,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$71,911,000. 
(5) For military family housing functions: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 831 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $334,271,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$895,070,000. 
(6) For the construction of the berthing wharf. Naval Sta-
tion Norfolk, Virginia, authorized by section 2201(a) of the 
Military Construction Authorization Act for Fiscal Year 1999 
(division B of Public Law 105-261; 112 Stat. 2187), $12,690,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $13,660,000 (the balance of the amount authorized 
under section 2201(a) for the construction of a berthing wharf 
at Naval Air Station, North Island, California); and 
(3) $70,180,000 (the balance of the amount authorized 
under section 2201(a) for the construction of the Commander-
in-Chief Headquarters, Pacific Command, Camp H.M. Smith, 
Hawaii). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (6) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
(1) $33,227,000, which represents the combination of project 
savings in military construction resulting from favorable bids, 
reduced overhead charges, and cancellations due to force struc-
ture changes; 
(2) $1,000,000, which represents the combination of project 
savings in military family housing construction resulting from 
favorable bids, reduced overhead costs, and cancellations due 
to force structure changes; and 
(3) $3,600,000, which represents the combination of savings 
in military family housing support resulting from favorable 
bids, reduced overhead costs, and cancellations due to force 
structure changes. 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL 
YEAR 1997 PROJECT. 
The table in section 2202(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public Law 
104-201; 110 Stat. 2768) is amended in the item relating to Naval 
Air Station Brunswick, Maine, by striking "92 Units" in the purpose 
column and inserting "72 Units". 
SEC. 2206. AUTHORIZATION TO ACCEPT ELECTRICAL SUBSTATION 
IMPROVEMENTS, GUAM. 
The Secretary of the Navy may accept from the Guam Power 
Authority various improvements to electrical transformers at the 
Agana and Harmon Substations in Guam, which are valued at 
approximately $610,000 and are to be performed in accordance 
with plans and specifications acceptable to the Secretary. 
113 STAT. 832 
PUBLIC LAW 106-65—OCT. 5, 1999 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
SEC. 2301. AUTHORIZED 
AIR 
FORCE 
CONSTRUCTION 
AND 
LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2304(a)(1), the Secretary of the Air Force may acquire 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: 
Air Force: Inside the United States 
State 
Installation or location 
Amount 
Alabama 
Alaska 
Arizona 
Arkansas 
California 
Colorado 
CONUS Classified 
Delaware 
Florida 
Georgia 
Hawaii 
Idaho 
Kansas 
Kentucky 
Maryland 
Massachusetts 
Mississippi 
Missouri 
Montana 
Nebraska 
Nevada 
New Jersey 
New Mexico .... 
New York 
New Mexico .... 
North Carolina 
North Dakota . 
Ohio 
Oklahoma 
Maxwell Air Force Base 
Eielson Air Force Base 
Elmendorf Air Force Base 
Davis-Monthan Air Force Base .. 
Little Rock Air Force Base 
Beale Air Force Base 
Edwards Air Force Base 
Travis Air Force Base 
Peterson Air Force Base 
Schriever Air Force Base 
, 
U.S. Air Force Academy 
, 
Classified Location 
, 
Dover Air Force Base 
, 
Eglin Air Force Base 
Eglin Auxiliary Field 9 
MacDill Air Force Base 
Patrick Air Force Base 
Tyndall Air Force Base 
, 
Fort Benning 
Moody Air Force Base 
Robins Air Force Base 
Hickam Air Force Base 
, 
Mountain Home Air Force Base ., 
McConnell Air Force Base 
, 
Fort Campbell 
Andrews Air Force Base 
Hanscom Air Force Base 
Columbus Air Force Base 
, 
Keesler Air Force Base 
Whiteman Air Force Base 
Malmstrom Air Force Base 
Offutt Air Force Base 
, 
Nellis Air Force Base 
McGuire Air Force Base 
Cannon Air Force Base 
Rome Research Site 
Kirtland Air Force Base 
Fort Bragg 
, 
Pope Air Force Base 
Grand Porks Air Force Base 
Wright-Patterson Air Force Base 
Tinker Air Force Base 
Vance Air Force Base 
, 
$10,600,000 
$24,100,000 
$42,300,000 
$7,800,000 
$7,800,000 
$8,900,000 
$5,500,000 
$11,200,000 
$40,000,000 
$16,100,000 
$17,500,000 
$16,870,000 
$12,000,000 
$18,300,000 
$18,800,000 
$5,500,000 
$17,800,000 
$10,800,000 
$3,900,000 
$5,950,000 
$3,350,000 
$3,300,000 
$17,000,000 
$9,600,000 
$6,300,000 
$9,900,000 
$16,000,000 
$2,600,000 
$35,900,000 
$24,900,000 
$11,600,000 
$8,300,000 
$30,200,000 
$11,800,000 
$8,100,000 
$12,800,000 
$14,000,000 
$4,600,000 
$7,700,000 
$9,500,000 
$39,700,000 
$34,800,000 
$12,600,000 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 833 
Air Force: Inside the United States—Continued 
State 
South Dakota 
Tennessee 
Texas 
Utah 
Washington 
Installation or location 
Ellsworth Air Force Base 
Lackland Air Force Base 
Laughlin Air Force Base 
Hill Air Force Base 
Langley Air Force Base 
Fairchild Air Force Base 
McChord Air Force Base 
Total 
Amount 
$18,200,000 
$10,200,000 
$7,800,000 
$5,400,000 
$13,400,000 
$3,250,000 
$3,600,000 
$4,600,000 
$6,300,000 
$13,600,000 
$7,900,000 
$730,520,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(2), the Secretary of the Air Force may acquire real property 
and carry out miUtary construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Outside the United States 
Country 
Guam 
Korea 
United Kingdom 
Installation or location 
Andersen Air Force Base 
Osan Air Base 
Ascension Island 
Total 
Amount 
$8,900,000 
$19,600,000 
$2,150,000 
$30,650,000 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2304(a)(5)(A), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition) at the 
installations, for the purposes, and in the amounts set forth in 
the following table: 
Air Force: Family Housing 
State or country 
Arizona 
California 
District of Columbia ... 
Florida 
Installation or loca-
tion 
Davis-Monthan Air 
Force Base 
Beale Air Force Base 
Edwards Air Force 
Base 
Vandenberg Air Force 
Base 
Boiling Air Force 
Base 
Eglin Air Force Base 
MacDill Air Force 
Base 
Purpose 
64 Units 
60 Units 
188 Units 
91 Units 
72 Units 
130 Units 
54 Units 
Amoiutt 
$10,000,000 
$8,500,000 
$32,790,000 
$16,800,000 
$9,375,000 
$14,080,000 
$9,034,000 
113 STAT. 834 
PUBLIC LAW 106-65—OCT. 5, 1999 
Air Force: Family Housing—Continued 
State or country 
Kansas 
Mississippi 
Montana 
Nebraska 
New Mexico 
North Carolina 
North Dakota 
Oklahoma 
Texas 
Portugal 
Installation or loca-
tion 
McConnell Air Force 
Base 
Columbus Air Force 
Base 
Malmstrom Air Force 
Base 
Offutt Air Force Base 
Hollomon Air Force 
Base 
Seymour Johnson Air 
Force Base 
Grand Forks Air 
Force Base 
Minot Air Force Base 
Tinker Air Force 
Base 
Lackland Air Force 
Base 
Lajes Field, Azores .... 
Purpose 
Safety Improve-
ments 
100 Units ,, 
34 Units 
72 Units 
76 Units 
78 Units 
42 Units 
72 Units 
41 Units 
48 Units 
75 Units 
Total 
Amount 
$1,363,000 
$12,290,000 
$7,570,000 
$12,352,000 
$9,800,000 
$12,187,000 
$10,050,000 
$10,756,000 
$6,000,000 
$7,500,000 
$12,964,000 
$203,411,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(5)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of military family 
housing units in an amount not to exceed $17,093,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, Uniteds States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(5)(A), the Secretary of the Air Force 
may improve existing military family housing units in an amount 
not to exceed $129,952,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1999, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount 
of $1,948,052,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $730,520,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $30,650,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $8,741,000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 835 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$36,104,000. 
(5) For military housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $350,456,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $821,892,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2301 of this Act may not exceed the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
(1) $25,811,000, which represents the combination of project 
savings in military construction resulting from favorable bids, 
reduced overhead charges, and cancellations due to force struc-
ture changes; 
(2) $1,000,000, which represents the combination of project 
savings in military family housing construction resulting from 
favorable bids, reduced overhead costs, and cancellations due 
to force structure changes; and 
(3) $3,500,000, which represents the combination of savings 
in military family housing support resulting from favorable 
bids, reduced overhead costs, and cancellations due to force 
structure changes. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Improvements to military family housing units. 
Sec. 2403. Military housing improvement program. 
Sec. 2404. Energy conservation projects. 
Sec. 2405. Authorization of appropriations, Defense Agencies. 
Sec. 2406. Increase in fiscal year 1997 authorization for military construction 
projects at Pueblo Chemical Activity, Colorado. 
Sec. 2407. Condition on obligation of military construction funds for drug interdic-
tion and counter-drug activities. 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2405(a)(1), the Secretary of Defense may acquire 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: 
113 STAT. 836 
PUBLIC LAW 106-65—OCT. 5, 1999 
Defense Agencies: Inside the United States 
Agency 
Chemical Demilitariza-
tion 
Defense Education Activ-
ity 
Defense Logistics Agency 
Defense Manpower Data 
Center 
National Security Agency 
Special Operations Com-
mand 
TRICARE Management 
Agency 
Installation or location 
Blue Grass Army Depot, Kentucky .... 
Laurel Bay, South Carolina 
Marine Corps Base, Camp LeJeune, 
North Carolina 
Defense 
Distribution 
New 
Cum-
berland, Pennsylvania 
Elmendorf Air Force Base, Alaska 
Eielson Air Force Base, Alaska 
Fairchild Air Force Base, Washington 
Various Locations 
Presidio, Monterey, California 
Fort Meade, Maryland 
Fleet Combat Training Center, Dam 
Neck, Virginia 
Fort Benning, Georgia 
Fort Bragg, North Carolina 
Mississippi Army Ammunition Plant, 
Mississippi 
Naval Amphibious Base, Coronado, 
California 
Andrews Air Force Base, Maryland ... 
Cheatham Annex, Virginia 
Davis-Monthan Air Force Base, Ari-
zona 
Fort Lewis, Washington 
Fort Riley, Kansas 
Fort Sam Houston, Texas 
Fort Wainwright, Alaska 
Los Angeles Air Force Base, Cali-
fornia 
Marine Corps Air Station, Cherry 
Moody Air Force Base, Georgia 
Naval Air Station, Jacksonville, Flor-
ida 
Naval Air Station, Norfolk, Virginia .. 
Naval Air Station, Patuxent River, 
Maryland 
Naval Air Station, Pensacola, Florida 
Naval Air Station, Whidbey Island, 
Washington 
Patrick Air Force Base, Florida 
Travis Air Force Base, California 
Wright-Patterson 
Air 
Force 
Base, 
Ohio 
Total 
Amount 
$206,800,000 
$2,874,000 
$10,570,000 
$5,000,000 
$23,500,000 
$26,000,000 
$12,400,000 
$1,300,000 
$28,000,000 
$2,946,000 
$4,700,000 
$10,200,000 
$20,100,000 
$9,600,000 
$6,000,000 
$3,000,000 
$1,650,000 
$10,000,000 
$5,500,000 
$6,000,000 
$5,800,000 
$133,000,000 
$13,600,000 
$3,500,000 
$1,250,000 
$3,780,000 
$4,050,000 
$4,150,000 
$4,300,000 
$4,700,000 
$1,750,000 
$7,500,000 
$3,900,000 
$587,420,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2405(a)(2), the Secretary of Defense may acquire real property 
£ind carry out mihtary construction projects for the installations 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 837 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Defense i^^encies: Outside the United States 
Agency 
Drug Interdiction and 
Counter-Drug Activi-
ties 
Defense Education Activ-
ity 
Defense Logistics Agency 
TRICARE Management 
Agency 
Installation or location 
Manta, Ecuador 
Andersen Air Force Base, Guam 
Andersen Air Force Base, Guam 
Naval 
Security 
Group 
Activity, 
Sabana Seca, Puerto Rico 
Yongsan, Korea 
Total 
Amount 
$32,000,000 
$44,170,000 
$24,300,000 
$4,000,000 
$41,120,000 
$145,590,000 
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2405(a)(8)(A), the Secretary of Defense may 
improve existing military family housing units in an amount not 
to exceed $50,000. 
SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM. 
Of the amount authorized to be appropriated by section 
2405(a)(8)(C), $2,000,000 shall be available for credit to the Depart-
ment of Defense Family Housing Fund established by section 
2883(a)(1) of title 10, United States Code. 
SEC. 2404. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(6), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 
10, United States Code, in the amount of $1,268,000. 
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGEN-
CIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1999, for 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments), in the total amount of $1,362,185,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $288,420,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $145,590,000. 
(3) For unspecified minor construction projects under sec-
tion 2805 of title 10, United States Code, $18,618,000. 
(4) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$938,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$54,200,000. 
(6) For energy conservation projects authorized by section 
2404, $1,268,000. 
113 STAT. 838 
PUBLIC LAW 106-65—OCT. 5, 1999 
(7) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of PubHc Law 101-510; 10 U.S.C. 
2687 note), $689,711,000. 
(8) For military family housing functions: 
(A) For improvement of military family housing and 
facilities, $50,000. 
(B) For support of militeiry housing (including functions 
described in section 2833 of title 10, United States Code), 
$41,440,000 of which not more than $35,639,000 may be 
obligated or expended for the leasing of military family 
housing units worldwide. 
(C) For credit to the Department of Defense Family 
Housing Improvement Fund as authorized by section 2403 
of this Act, $2,000,000. 
(9) For the construction of the Ammunition Demilitariza-
tion Facility, Anniston Army Depot, Alabama, authorized in 
section 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 1991 (division B of PubHc Law 101-510; 104 
Stat. 1758), section 2101(a) of the Military Construction 
Authorization Act for Fiscal Year 1992 and 1993 (division B 
of PubHc Law 102-190; 105 Stat. 1508), section 2101(a) of 
the Military Construction Authorization Act for Fiscal Year 
1993 (division B of Public Law 102-484; 106 Stat. 2586), and 
section 2401 of the Military Construction Authorization Act 
for Fiscal Year 1995 (division B of PubHc Law 103-337, 108 
Stat. 3040), $7,000,000. 
(10) For the construction of the Ammunition Demilitariza-
tion Facility, Pine Bluff Arsenal, Arkansas, authorized in sec-
tion 2401 of the Military Construction Authorization Act for 
Fiscal Year 1995 (division B of PubHc Law 103-337; 108 Stat. 
3040), as amended by section 2407 of the National Defense 
Authorization Act for Fiscal Year 1996 (division B of Public 
Law 104-106; 110 Stat. 539), section 2408 of the Military 
Construction Authorization Act for Fiscal Year 1998 (division 
B of Public Law 105-85; 111 Stat. 1982), and section 2406 
of the Military Construction Authorization Act for Fiscal Year 
1999 (division B of Public Law 105-261; 112 Stat. 2197), 
$61,800,000. 
(11) For the construction of the Ammunition Demilitariza-
tion Facility, Umatilla Army Depot, Oregon, authorized in sec-
tion 2401 of the Military Construction Authorization Act for 
Fiscal Year 1995 (division B of PubHc Law 103-337; 108 Stat. 
3040), as amended by section 2407 of the Military Construction 
Authorization Act for Fiscal Year 1996 (division B of Public 
Law 104-106; 110 Stat. 539), section 2408 of the Military 
Construction Authorization Act for Fiscal Year 1998 (division 
B of PubHc Law 105-85; 111 Stat. 1982), and section 2406 
of the Military Construction Authorization Act for Fiscal Year 
1999 (division B of Public Law 105-261; 112 Stat. 2197), 
$35,900,000. 
(12) For the construction of the Ammunition Demilitariza-
tion Facility, Aberdeen Proving Ground, Maryland, authorized 
in section 2401(a) of the Military Construction Authorization 
Act for Fiscal Year 1999 (division B of PubHc Law 105-261; 
112 Stat. 2193), $66,600,000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 839 
(13) For the construction of the Ammunition DemiHtariza-
tion FaciUty at Newport Army Depot, Indiana, authorized in 
section 2401(a) of the MiHtary Construction Authorization Act 
for Fiscal Year 1999 (division B of PubUc Law 105-261; 112 
Stat. 2193), $61,200,000. 
(14) For the construction of the Ammunition DemiHtariza-
tion Facihty, Pueblo Army Depot, Colorado, authorized in sec-
tion 2401(a) of the Military Construction Authorization Act 
for Fiscal Year 1997 (division B of Public Law 104-201; 110 
Stat. 2775), as amended by section 2406 of this Act, 
$11,800,000. 
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variation authorized by section 2853 of 
title 10, United States Code, and any other cost variations author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $115,000,000 (the balance of the amount authorized 
under section 2401(a) for the construction of a replacement 
hospital at Fort Wainwright, Alaska); and 
(3) $184,000,000 (the balance of the amount authorized 
under section 2401(a) for the construction of a chemical demili-
tarization facility at Blue Grass Army Depot, Kentucky). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (14) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $124,350,000, which represents the com-
bination of project savings in military construction resulting from 
favorable bids, reduced overhead charges, and cancellations due 
to force structure changes, and of such total reduction, $93,000,000 
represents savings from military construction for chemical demili-
tarization. 
SEC. 2406. INCREASE IN FISCAL YEAR 1997 AUTHORIZATION FOR MILI-
TARY CONSTRUCTION PROJECTS AT PUEBLO CHEMICAL 
ACTIVITY, COLORADO. 
The table in section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public Law 
104-201; 110 Stat. 2775) is amended— 
(1) in the item relating to Pueblo Chemical Activity, Colo-
rado, under the agency heading relating to Chemical Demili-
tarization Program, by striking "$179,000,000" in the amount 
column and inserting "$203,500,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$549,954,000". 
(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of that Act 
(110 Stat. 2779) is amended by striking "$179,000,000" and 
inserting "$203,500,000". 
SEC. 2407. CONDITION ON OBLIGATION OF MILITARY CONSTRUCTION 
FUNDS FOR DRUG INTERDICTION AND COUNTER-DRUG 
ACTIVITIES. 
In addition to the conditions specified in section 1024 on the 
development of forward operating locations for United States 
Southern Command counter-drug detection and monitoring flights, 
amounts appropriated pursuant to the authorization of appropria-
tions in section 2405(a)(2) for the projects set forth in the table 
113 STAT. 840 
PUBLIC LAW 106-65—OCT. 5, 1999 
in section 2401(b) under the heading "Drug Interdiction and 
Counter-Drug Activities" may not be obligated until after the end 
of the 30-day period beginning on the date on which the Secretary 
of Defense submits to Congress a report describing in detail the 
purposes for which the amounts will be obligated and expended. 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1999, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
program authorized by section 2501, in the amount of $81,000,000. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
Sec. 2602. Modification of authority to carry out fiscal year 1998 project. 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for fiscal years beginning after September 30, 
1999, for the costs of acquisition, architectural and engineering 
services, and construction of facilities for the Guard and Reserve 
Forces, and for contributions therefor, under chapter 1803 of title 
10, United States Code (including the cost of acquisition of land 
for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$205,448,000; and 
(B) for the Army Reserve, $107,149,000. 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $25,389,000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 841 
(3) For the Department of the Air Force— 
(A) for the Air National Guzird of the United States, 
$253,918,000; and 
(B) for the Air Force Reserve, $52,784,000. 
(b) ADJUSTMENT.—(1) The amounts authorized to be appro-
priated pursuant to subsection (a) are reduced as follows: 
(A) In paragraph (1)(A), by $4,223,000. 
(B) In paragraph (1)(B), by $2,891,000. 
(C) In paragraph (2), by $674,000. 
(D) In paragraph (3)(A), by $5,652,000. 
(E) In paragraph (3)(B), by $2,080,000. 
(2) The reductions specified in paragraph (1) represent the 
combination of project savings in military construction resulting 
from favorable bids, reduced overhead costs, and cancellations due 
to force structure changes. 
SEC. 2602. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL 
YEAR 1998 PROJECT. 
Section 2603 of the Military Construction Authorization Act 
for Fiscal Year 1998 (division B of Public Law 105-85), as amended 
by section 2602 of the Military Construction Authorization Act 
for Fiscal Year 1999 (division B of PubHc Law 105-261; 112 Stat. 
2198), is amended— 
(1) by striking "agreement with the State of Utah, under 
which the State" and inserting "agreement with the State of 
Utah, the University of Utah, or both, under which the State 
or the University"; and 
(2) by adding at the end the following new sentence: "The 
Secretary may accept funds paid under such an agreement 
and use the funds, in such amounts as provided in advance 
in appropriations Acts, to carry out the project.". 
TITLE XXVII—EXPIRATION AND 
EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of cert;ain fiscal year 1997 projects. 
Sec. 2703. Extension of authorizations of cert;ain fiscal year 1996 projects. 
Sec. 2704. Effective date. 
SEC. 2701. EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVI for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment 
program (and authorizations of appropriations therefor) shall expire 
on the later o
f
— 
(1) October 1, 2002; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2003. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
69-194-01 -28:QL3Partl 
113 STAT. 842 
PUBLIC LAW 106-65—OCT. 5, 1999 
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor), for which appropriated fiinds have 
been obHgated before the later o
f
— 
(1) October 1, 2002; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2003 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 
YEAR 1997 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B 
of Pubhc Law 104-201; 110 Stat. 2782), authorizations for the 
projects set forth in the tables in subsection (b), as provided in 
sections 2201, 2202, 2401, and 2601 of that Act and amended 
by section 2406 of this Act, shall remain in effect until October 
1, 2000, or the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2001, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
Navy: Extension of 1997 Project Authorizations 
State 
Florida 
Maine 
North Carolina 
South Carolina 
Texas 
Virginia 
Washington 
Installation or loca-
tion 
Naval Station 
Mayport 
Naval Station Bruns-
wick 
Marine Corps Base 
Camp Lejuene 
Marine Corps Air 
Station Beaufort .... 
Naval Complex Cor-
pus Christi 
Naval Air Station 
Kingsville 
Marine Corps Combat 
Development Com-
mand, Quantico 
Naval Station Everett 
Project 
Family Housing 
Construction 
(100 units) .... 
Family Housing 
Construction 
(72 units) 
Family Housing 
Construction 
(94 units) 
Family Housing 
Construction 
(140 units) .... 
Family Housing 
Construction 
(104 units) .... 
Family Housing 
Construction 
(48 units) 
Sanitary Land-
fill 
Family Housing 
Construction 
(100 units) .... 
Amount 
$10,000,000 
$10,925,000 
$10,110,000 
$14,000,000 
$11,675,000 
$7,550,000 
$8,900,000 
$15,015,000 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 843 
Defense Agencies: Extension of 1997 Project Authorization 
State 
Colorado 
Installation or loca-
tion 
Pueblo Chemical Ac-
tivity 
Project 
Ammunition 
Demilitariza-
tion Facility 
Amount 
$203,500,000 
Army National Guard: Extension of 1997 Project Authorization 
State 
Mississippi 
Installation or loca-
tion 
Camp Shelby 
Project 
Multipurpose 
Range Com-
plex (Phase 
II) 
Amount 
$5,000,000 
SEC. 2703. EXTENSION OF AUTHORIZATIONS 
OF CERTAIN 
FISCAL 
YEAR 1996 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2701 of the Mihtary 
Construction Authorization Act for Fiscal Year 1996 (division B 
of PubHc Law 104-106; 110 Stat. 541), authorizations for the 
projects set forth in the tables in subsection (a), as provided in 
sections 2202 and 2601 of that Act and extended by section 2702 
of the Military Construction Authorization Act Ibr Fiscal Year 1999 
(division B of Pubhc Law 105-261; 112 Stat. 2199), shall remain 
in effect until October 1, 2000, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 
2001, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
Navy: Extension of 1996 Project Authorization 
State 
California 
Installation or loca-
tion 
Camp Pendleton 
Project 
Family Housing 
Construction 
(138 units) .... 
Amount 
$20,000,000 
Army National Guard: Extension of 1996 Project Authorizations 
State 
Mississippi 
Missouri 
Installation or loca-
tion 
Camp Shelby 
National Guard 
Training Site, Jef-
ferson City 
Project 
Multipurpose 
Range Com-
plex (Phase I) 
Multipurpose 
Range 
Amount 
$5,000,000 
$2,236,000 
SEC. 2704. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later o
f
— 
(1) October 1, 1999; or 
(2) the date of the enactment of this Act. 
113 STAT. 844 
PUBLIC LAW 106-65—OCT. 5, 1999 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Exemption from notice and wait requirements of military construction 
projects supported by burdensharing funds undertaken for war or na-
tional emergency. 
Sec. 2802. Development of Ford Island, Hawaii. 
Sec. 2803. Expansion of entities eligible to participate in alternative authority for 
acquisition and improvement of military housing. 
Sec. 2804. Restriction on authority to acquire or construct ancillary supporting fa-
cilities for housing units. 
Sec. 2805. Planning and design for military construction projects for reserve compo-
nents. 
Sec. 2806. Modification of limitations on reserve component facility projects for cer-
tain safety projects. 
Sec. 2807. Sense of Congress on use of incremental funding to carry out military 
construction projects. 
Subtitle B—^Real Property and Facilities Administration 
Sec. 2811. Extension of authority for lease of real property for special operations 
activities. 
Sec. 2812. Enhancement of authority relating to utility privatization. 
Sec. 2813. Acceptance of funds to cover administrative expenses relating to certain 
real property transactions. 
Sec. 2814. Operations of Naval Academy dairy farm. 
Sec. 2815. Study and report on impacts to military readiness of proposed land man-
agement changes on public lands in Utah. 
Sec. 2816. Designation of missile intelligence building at Redstone Arsenal, Ala-
bama, as the Richard C. Shelby Center for Missile Intelligence. 
Subtitle C—Defense Base Closure and Realigfnment 
Sec. 2821. Economic development conveyances of base closure property. 
Sec. 2822. Continuation of authority to use Department of Defense Base Closure 
Account 1990 for activities required to close or realign military instal-
lations. 
Subtitle D—^Land Conveyances 
PART I—^ARMY CONVEYANCES 
Sec. 2831. Transfer of jurisdiction. Fort Sam Houston, Texas. 
Sec. 2832. Land exchange, Rock Island Arsenal, Illinois. 
Sec. 2833. Land conveyance, Army Reserve Center, Bangor, Maine. 
Sec. 2834. Land conveyance, Army Reserve Center, Kankakee, Illinois. 
Sec. 2835. Land conveyance. Army Reserve Center, Cannon Falls, Minnesota. 
Sec. 2836. Land conveyance, Army Maintenance Support Activity (Marine) Number 
84, Marcus Hook, Pennsylvania. 
Sec. 2837. Land conveyances, Army docks and related property, Alaska. 
Sec. 2838. Land conveyance, Fort Huachuca, Arizona. 
Sec. 2839. Land conveyance, Nike Battery 80 family housing site. East Hanover 
Township, New Jersey. 
Sec. 2840. Land conveyances. Twin Cities Army Ammunition Plant, Minnesota. 
Sec. 2841. Repair and conveyance of Red Butte Dam and Reservoir, Salt Lake City, 
Utah. 
Sec. 2842. Modification of land conveyance, Joliet Army Ammunition Plant, Illinois. 
PART II—NAVY CONVEYANCES 
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No. 387, 
Dallas, Texas. 
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point, North Caro-
lina. 
Sec. 2853. Land conveyance, Newport, Rhode Island. 
Sec. 2854. Land conveyance. Naval Training Center, Orlando, Florida. 
Sec. 2855. One-year delay in demolition of radio transmitting facility towers at 
Naval Station, Annapolis, Maryland, to facilitate conveyance of towers. 
Sec. 2856. Clarification of land exchange. Naval Reserve Readiness Center, Port-
land, Maine. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 845 
Sec. 2857. Revision to lease authority, Naval Air Station, Meridian, Mississippi. 
Sec. 2858. Land conveyances, Norfolk, Virginia. 
PART III—AIR FORCE CONVEYANCES 
Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, New Hamp-
shire. 
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida. 
Sec. 2863. Land conveyance. Port of Anchorage, Alaska. 
Sec. 2864. Land conveyance, Forestport Test Annex, New York. 
Sec. 2865. Land conveyance, McClellan Nuclear Radiation Center, California. 
Subtitle E—Other Matters 
Sec. 2871. Acceptance of guarantees in connection with gifts to military service 
academies. 
Sec. 2872. Acquisition of State-held inholdings, east range of Fort Huachuca, Ari-
zona. 
Sec. 2873. Enhancement of Pentagon renovation activities. 
Subtitle F—Expansion of Arlington National Cemetery 
Sec. 2881. Transfer from Navy Annex, Arlington, Virginia. 
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. EXEMPTION FROM NOTICE AND WATT REQUIREMENTS OF 
MILITARY CONSTRUCTION PROJECTS SUPPORTED BY 
BURDENSHARING FUNDS UNDERTAKEN FOR WAR OR 
NATIONAL EMERGENCY. 
(a) EXEMPTION.—Subsection (e) of section 2350j of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(3)(A) A military construction project under subsection (d) 
may be carried out without regsird to the requirement in paragraph 
(1) and the limitation in paragraph (2) if the project is necessary 
to support the armed forces in the country or region in which 
the project is carried out by reason of a declaration of war, or 
a declaration by the President of a national emergency pursuant 
to the National Emergencies Act (50 U.S.C. 1601 et seq.), that 
is in force at the time of the commencement of the project. 
"(B) When a decision is made to carry out a military construc-
tion project under subparagraph (A), the Secretary of Defense shall 
submit to the congressional committees specified in subsection (g)— 
"(i) a notice of the decision; and 
"(ii) a statement of the current estimated cost of the project, 
including the cost of any real property transaction in connection 
with the project.". 
(b) CONFORMING AMENDMENT.—Subsection (g) of such section 
is amended by striking "subsection (e)(1)" and inserting "subsection 
(e)". 
SEC. 2802. DEVELOPMENT OF FORD ISLAND, HAWAII. 
(a) CONDITIONAL AUTHORITY TO DEVELOP.—(1) Subchapter I 
of chapter 169 of title 10, United States Code, is amended by 
adding at the end the following new section: 
113 STAT. 846 
PUBLIC LAW 106-65—OCT. 5, 1999 
"§2814. Special authority for development of Ford Island, 
Hawaii 
"(a) IN GENERAL.—(1) Subject to paragraph (2), the Secretary 
of the Navy may exercise any authority or combination of authori-
ties in this section for the purpose of developing or facihtating 
the development of Ford Island, Hawaii, to the extent that the 
Secretary determines the development is compatible with the mis-
sion of the Navy. 
"(2) The Secretary of the Navy may not exercise any authority 
under this section luitil— 
"(A) the Secretary submits to the appropriate committees 
of Congress a master plan for the development of Ford Island, 
Hawaii; and 
"(B) a period of 30 calendar days has elapsed following 
the date on which the notification is received by those commit-
tees. 
"(b) CONVEYANCE AUTHORITY.—(1) The Secretary of the Navy 
may convey to any public or private person or entity all right, 
title, and interest of the United States in and to any real property 
(including any improvements thereon) or personal property under 
the jurisdiction of the Secretary in the State of Hawaii that the 
Secretary determines— 
"(A) is excess to the needs of the Navy and all of the 
other armed forces; and 
"(B) will promote the purpose of this section. 
"(2) A conveyance under this subsection may include such terms 
and conditions as the Secretary considers appropriate to protect 
the interests of the United States. 
"(c) LEASE AUTHORITY.—(1) The Secretary of the Navy may 
lease to any public or private person or entity any real property 
or personal property under the jurisdiction of the Secretary in 
the State of Hawaii that the Secretary determines— 
"(A) is not needed for current operations of the Navy and 
all of the other armed forces; and 
"(B) will promote the purpose of this section. 
"(2) A lease under this subsection shall be subject to section 
2667(b)(1) of this title and may include such other terms as the 
Secretary considers appropriate to protect the interests of the 
United States. 
"(3) A lease of real property under this subsection may provide 
that, upon termination of the lease term, the lessee shall have 
the right of first refusal to acquire the real property covered by 
the lease if the property is then conveyed under subsection (b). 
"(4)(A) The Secretary may provide property support services 
to or for real property leased under this subsection. 
"(B) To the extent provided in appropriations Acts, any pa5mient 
made to the Secretary for services provided under this paragraph 
shall be credited to the appropriation, account, or fund fi-om which 
the cost of providing the services was paid. 
"(d) 
ACQUISITION OF LEASEHOLD INTEREST BY SECRETARY.— 
(1) The Secretary of the Navy may acquire a leasehold interest 
in any facility constructed under subsection (f) as consideration 
for a transaction authorized by this section upon such terms as 
the Secretary considers appropriate to promote the purpose of this 
section. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 847 
"(2) The term of a lease under paragraph (1) may not exceed 
10 years, unless the Secretary of Defense approves a term in excess 
of 10 years for purposes of this section. 
"(3) A lease under this subsection may provide that, upon 
termination of the lease term, the United States shall have the 
right of first refusal to acquire the facility covered by the lease. 
"(e) REQUIREMENT FOR COMPETITION.—The Secretary of the 
Navy shall use competitive procedures for purposes of selecting 
the recipient of real or personal property under subsection (b) 
and the lessee of real or personal property under subsection (c). 
"(f) CONSIDERATION.—(1) As consideration for the conveyance 
of real or personal property under subsection (b), or for the lease 
of real or personal property under subsection (c), the Secretary 
of the Navy shall accept cash, real property, personal property, 
or services, or any combination thereof, in an aggregate amount 
equal to not less than the fair market value of the real or personal 
property conveyed or leased. 
"(2) Subject to subsection (i), the services accepted by the Sec-
retary under paragraph (1) may include the following: 
"(A) The construction or improvement of facilities at Ford 
Island. 
"(B) The restoration or rehabilitation of real property at 
Ford Island. 
"(C) The provision of property support services for property 
or facilities at Ford Island. 
"(g) NOTICE AND WAIT REQUIREMENTS.—The Secretary of the 
Navy may not carry out a transaction authorized by this section 
until— 
"(1) the Secretary submits to the appropriate committees 
of Congress a notification of the transaction, including— 
"(A) a detailed description of the transaction; and 
"(B) a justification for the transaction specifying the 
manner in which the transaction will meet the purposes 
of this section; and 
"(2) a period of 30 calendar days has elapsed following 
the date on which the notification is received by those commit-
tees. 
"(h) FORD ISLAND IMPROVEMENT ACCOUNT.—(1) There is estab-
lished on the books of the Treasury an account to be known as 
the 'Ford Island Improvement Account'. 
"(2) There shall be deposited into the account the following 
amounts: 
"(A) Amounts authorized and appropriated to the account. 
"(B) Except as provided in subsection (c)(4)(B), the amount 
of any cash payment received by the Secretary for a transaction 
under this section. 
"(i) USE OF ACCOUNT.—(1) Subject to paragraph (2), to the 
extent provided in advance in appropriations Acts, funds in the 
Ford Island Improvement Account may be used as follows: 
"(A) To carry out or facilitate the carrsdng out of a trans-
action authorized by this section. 
"(B) To carry out improvements of property or facilities 
at Ford Island. 
"(C) To obtain property support services for property or 
facilities at Ford Island. 
"(2) To extent that the authorities provided under subchapter 
IV of this chapter are available to the Secretary of the Navy, 
113 STAT. 848 
PUBLIC LAW 106-65—OCT. 5, 1999 
the Secretary may not use the authorities in this section to acquire, 
construct, or improve family housing units, military unaccompanied 
housing units, or ancillary supporting facilities related to military 
housing. 
"(3)(A) The Secretary may transfer funds from the Ford Island 
Improvement Account to the following funds: 
"(i) The Department of Defense Family Housing Improve-
ment Fund established by section 2883(a)(1) of this title. 
"(ii) The Department of Defense Military Unaccompanied 
Housing Improvement Fund established by section 2883(a)(2) 
of this title. 
"(B) Amounts transferred under subparagraph (A) to a fund 
referred to in that subparagraph shall be available in accordance 
with the provisions of section 2883 of this title for activities author-
ized under subchapter IV of this chapter at Ford Island. 
"(j) 
INAPPLICABILITY 
OF 
CERTAIN 
PROPERTY 
MANAGEMENT 
LAWS.—Except as otherwise provided in this section, transactions 
under this section shall not be subject to the following: 
"(1) Sections 2667 and 2696 of this title. 
"(2) Section 501 of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11411). 
"(3) Sections 202 and 203 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 483, 484). 
"(k) SCORING.—Nothing in this section shall be construed to 
waive the applicability to any lease entered into under this section 
of the budget scorekeeping guidelines used to measure compliance 
with the Balanced Budget Emergency Deficit Control Act of 1985. 
"(1) PROPERTY SUPPORT SERVICE DEFINED.—In this section, the 
term 'property support service' means the following: 
"(1) Any utility service or other service listed in section 
2686(a) of this title. 
"(2) Any other service determined by the Secretary to be 
a service that supports the operation and maintenance of real 
property, personal property, or facilities.". 
(2) The table of sections at the beginning of such subchapter 
is amended by adding at the end the following new item: 
"2814. Special authority for development of Ford Island, Hawaii.". 
(b) CONFORMING AMENDMENTS.—Section 2883(c) of title 10, 
United States Code, is amended— 
(1) in paragraph (1), by adding at the end the following 
new subparagraph: 
"(E) Any amounts that the Secretary of the Navy transfers 
to that Fund pursuant to section 2814(i)(3) of this title, subject 
to the restrictions on the use of the transferred amounts speci-
fied in that section."; and 
(2) in paragraph (2), by adding at the end the following 
new subparagraph: 
"(E) Any amounts that the Secretary of the Navy transfers 
to that Fund pursuant to section 2814(i)(3) of this title, subject 
to the restrictions on the use of the transferred amounts speci-
fied in that section.". 
SEC. 2803. EXPANSION OF ENTITIES ELIGIBLE TO PARTICIPATE IN 
ALTERNATIVE 
AUTHORITY 
FOR 
ACQUISITION 
AND 
IMPROVEMENT OF MILITARY HOUSING. 
(a) DEFINITION OF ELIGIBLE ENTITY.—Section 2871 of title 10, 
United States Code, is amended— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 849 
(1) by redesignating paragraphs (5) through (7) as para-
graphs (6) through (8) respectively; and 
(2) by inserting after paragraph (4) the following new para-
graph: 
"(5) The term 'eligible entity' means any private person, 
corporation, firm, partnership, company. State or local govern-
ment, or housing authority of a State or local government.". 
(b) GENERAL AUTHORITY.—Section 2872 of such title is amended 
by striking "private persons" and inserting "eligible entities". 
(c) DIRECT LOANS AND LOAN GUARANTEES.—Section 2873 of 
such title is amended— 
(1) in subsection (a)(1)— 
(A) by striking "persons in the private sector" and 
inserting "an eligible entity"; and 
(B) by striking "such persons" and inserting "the 
eligible entity"; and 
(2) in subsection (b)(1)— 
(A) by striking "any person in the private sector" and 
inserting "an eligible entity"; and 
(B) by striking "the person" and inserting "the eligible 
entity". 
(d) INVESTMENTS.—Section 2875 of such title is amended— 
(1) in subsection (a), by striking "nongovernmental entities" 
and inserting "an eligible entity"; 
(2) in subsection (c)— 
(A) by striking "'>. nongovernmental entity" both places 
it appears and inserting "an eligible entit/'; and 
(B) by striking "the entity" each place it appears and 
inserting "the eligible entity"; 
(3) in subsection (d), by striking "nongovernmental" and 
inserting "eligible"; and 
(4) in subsection (e), by striking "a nongovernmental entitjr" 
and inserting "an eligible entity". 
(e) RENTAL GUARANTEES.—Section 2876 of such title is amended 
by striking "private persons" and inserting "eligible entities". 
(f) DIFFERENTIAL LEASE PAYMENTS.—Section 2877 of such title 
is amended by striking "private". 
(g) CONVEYANCE OR LEASE OF EXISTING PROPERTY AND FACILI-
TIES.—Section 2878(a) of such title is amended by striking "private 
persons" and inserting "eligible entities". 
(h) CLERICAL AMENDMENTS.—(1) The heading of section 2875 
of such title is amended to read as follows: 
«§ 2875. Investments". 
(2) The table of sections at the beginning of subchapter IV 
of chapter 169 of such title is amended by striking the item relating 
to such section and inserting the following new item: 
"2875. Investments.". 
SEC. 2804. RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT 
ANCILLARY SUPPORTING FACILITIES FOR HOUSING 
UNITS. 
Section 2881 of title 10, United States Code, is amended— 
(1) by inserting "(a) AUTHORITY TO ACQUIRE OR CON-
STRUCT.—" before "Any project"; and 
(2) by adding at the end the following new subsection: 
113 STAT. 850 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(b) RESTRICTION.—A project referred to in subsection (a) may 
not include the acquisition or construction of an ancillary supporting 
facility if, as determined by the Secretary concerned, the facility 
is to be used for providing merchandise or services in direct competi-
tion with— 
"(1) the Army and Air Force Exchange Service; 
"(2) the Navy Exchange Service Command; 
"(3) a Marine Corps exchange; 
"(4) the Defense Commissary Agency; or 
"(5) any nonappropriated fund activity of the Department 
of Defense for the morale, welfare, and recreation of members 
of the armed forces.". 
SEC. 2805. PLANNING AND DESIGN FOR MILITARY CONSTRUCTION 
PROJECTS FOR RESERVE COMPONENTS. 
Section 18233(f)(1) of title 10, United States Code, is amended 
by inserting "design," after "planning,". 
SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE COMPONENT 
FACILITY PROJECTS FOR CERTAIN SAFETY PROJECTS. 
(a) EXEMPTION FROM NOTICE AND WAIT REQUIREMENT.—Sub-
section (a)(2) of section 18233a of title 10, United States Code, 
is amended by adding at the end the following new subparagraph: 
"(C) An unspecified minor military construction project (as 
defined in section 2805(a) of this title) that is intended solely 
to correct a deficiency that is life-threatening, health-threat-
ening, or safety-threatening.". 
(b) AVAILABILITY OF OPERATION AND MAINTENANCE FUNDS.— 
Subsection (b) of such section is amended to read as follows: 
"(b) Under such regulations as the Secretary of Defense may 
prescribe, the Secretary may spend, from appropriations available 
for operation £ind maintenance, amounts necessary to carry out 
any project authorized under section 18233(a) of this title costing 
not more than— 
"(1) the amount specified in section 2805(c)(1) of this title, 
in the case of a project intended solely to correct a deficiency 
that is life-threatening, health-threatening, or safety-threat-
ening; or 
"(2) the amount specified in section 2805(c)(2) of this title, 
in the case of any other project.". 
SEC. 2807. SENSE OF CONGRESS ON USE OF INCREMENTAL FUNDING 
TO CARRY OUT MILITARY CONSTRUCTION PROJECTS. 
It is the sense of Congress that— 
(1) in preparing the budget for each fiscal year for military 
construction for submission to Congress under section 1105 
of title 31, United States Code, the President should request 
an amount of funds for each proposed military construction 
project that is sufficient to produce a complete and usable 
facility or a complete and usable improvement to an existing 
facility; 
(2) in limited instances, large military construction projects 
may be funded in phases consistent with established practices 
for such projects; and 
(3) the President should not request, and Congress should 
not agree to adopt, a general practice of authorizing or appro-
priating funds for military construction projects based on histor-
ical outlay rates for military construction. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 851 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF REAL PROP-
ERTY FOR SPECIAL OPERATIONS ACTIVITIES. 
Section 2680(d) of title 10, United States Code, is amended 
by striking "September 30, 2000" and inserting "September 30, 
2005". 
SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO UTILITY 
PRIVATIZATION. 
(a) EXTENDED CONTRACTS FOR UTILITY SERVICES.—Subsection 
(c) of section 2688 of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(3) A contract for the receipt of utility services as consideration 
under paragraph (1), or any other contract for utility services 
entered into by the Secretary concerned in connection with the 
conveyance of a utility system under this section, may be for a 
period not to exceed 50 years.". 
(b) DEFINITION OF UTILITY SYSTEM.—Subsection (g)(2)(B) of 
such section is amended by striking "Easements" and inserting 
"Real property, easements,". 
(c) FUNDS TO FACILITATE PRIVATIZATION.—Such section is fur-
ther amended— 
(1) by redesignating subsections (g) and (h) as subsections 
(i) and (j), respectively; and 
(2) by inserting after subsection (f) the following new sub-
section: 
"(g) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR REPLACEMENT 
OF UTILITY SYSTEMS.—In lieu of carrying out a military construction 
project to construct, repair, or replace a utility system, the Secretary 
concerned may use funds authorized and appropriated for the 
project to facilitate the conveyance of the utility system under 
this section by making a contribution toward the cost of construc-
tion, repair, or replacement of the utility system by the entity 
to which the utility system is being conveyed. The Secretary con-
cerned shall consider any such contribution in the economic analysis 
required under subsection (e).". 
SEC. 2813. ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE 
EXPENSES RELATING TO CERTAIN REAL PROPERTY 
TRANSACTIONS. 
Section 2695(b) of title 10, United States Code, is amended— 
(1) by inserting "involving real property under the control 
of the Secretary of a military department" after "transactions"; 
and 
(2) by adding at the end the following new paragraph: 
"(4) The disposal of real property of the United States 
for which the Secretary will be the disposal agent.". 
SEC. 2814. OPERATIONS OF NAVAL ACADEMY DAIRY FARM. 
Section 6976 of title 10, United States Code, is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
113 STAT. 852 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(c) LEASE PROCEEDS.—All money received from a lease entered 
into under subsection (b) shall be retained by the Superintendent 
of the Naval Academy and shall be available to cover expenses 
related to the property described in subsection (a), including 
reimbursing nonappropriated fund instrumentalities of the Naval 
Academy.". 
SEC. 2815. STUDY AND REPORT ON IMPACTS TO MILITARY READINESS 
OF PROPOSED LAND MANAGEMENT CHANGES ON PUBLIC 
LANDS IN UTAH. 
(a) UTAH NATIONAL DEFENSE LANDS DEFINED.—In this section, 
the term "Utah national defense lands" means public lands under 
the jurisdiction of the Bureau of Land Management in the State 
of Utah that are adjacent to or near the Utah Test and Training 
Range and Dugway Proving Ground or beneath the Military Oper-
ating Areas, Restricted Areas, and airspace that make up the Utah 
Test and Training Range. 
(b) READINESS IMPACT STUDY.—The Secretary of Defense shall 
conduct a study to evaluate the impact upon military training, 
testing, and operational readiness of any proposed changes in land 
designation or management of the Utah national defense lands. 
In conducting the study, the Secretary of Defense shall consider 
the following: 
(1) The present military requirements for and missions 
conducted at Utah Test and Training Range, as well as pro-
jected requirements for the support of aircraft, unmanned aerial 
vehicles, missiles, munitions, and other military requirements. 
(2) The future requirements for force structure and doctrine 
changes, such as the Expeditionary Aerospace Force concept, 
that could require the use of the Utah Test and Training 
Range. 
(3) All other pertinent issues, such as overflight require-
ments, access to electronic tracking and communications sites, 
ground access to respond to emergency or accident locations, 
munitions safety buffers, noise requirements, ground safety 
^ 
and encroachment issues. 
(c) 
COOPERATION 
AND 
COORDINATION.—The 
Secretary 
of 
Defense shall conduct the study in cooperation with the Secretary 
of the Air Force and the Secretary of the Army. 
(d) EFFECT OF STUDY.—Until the Secretary of Defense submits 
to Congress a report containing the results of the study, the Sec-
retary of the Interior may not proceed with the amendment of 
any individual resource management plan for Utah national defense 
lands, or any statewide environmental impact statement or state-
wide resource management plan amendment package for such 
lands, if the statewide environmental impact statement or statewide 
resource management plan amendment 
addresses 
wilderness 
characteristics or wilderness management issues affecting such 
lands. 
SEC. 2816. DESIGNATION OF MISSILE INTELLIGENCE BUILDING AT 
REDSTONE ARSENAL, ALABAMA, AS THE RICHARD C. 
SHELBY CENTER FOR MISSILE INTELLIGENCE. 
(a) DESIGNATION.—The newly-constructed missile intelligence 
building located at Redstone Arsenal in Huntsville, Alabama, and 
housing a field agency of the Defense Intelligence Agency shall 
be known and designated as the "Richard C. Shelby Center for 
Missile Intelligence". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 853 
(b) REFERENCES.—^Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the missile 
intelligence building referred to in subsection (a) shall be deemed 
to be a reference to the "Richard C. Shelby Center for Missile 
Intelligence". 
Subtitle C—Defense Base Closure and 
Realignment 
SEC. 2821. ECONOMIC DEVELOPMENT CONVEYANCES OF BASE CLO-
SURE PROPERTY. 
(a) 1990 LAW.—Section 2905(b)(4) of the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) is amended— 
(1) in subparagraph (A)— 
(A) by inserting "or realigned" after "closed"; and 
(B) by inserting "for purposes of job generation on 
the installation" before the period at the end; 
(2) by redesignating subparagraphs (C), (D), (E), and (F) 
as subparagraphs (E), (F), (G), and (J), respectively; 
(3) by striking subparagraph (B) and inserting the following 
new subparagraphs: 
"(B) The transfer of property of a military installation under 
subparagraph (A) shall be without consideration if the redevelop-
ment authority with respect to the installation— 
"(i) agrees that the proceeds from any sale or lease of 
the property (or any portion thereof) received by the redevelop-
ment authority during at least the first seven years after the 
date of the transfer under subparagraph (A) shall be used 
to support the economic redevelopment of, or related to, the 
installation; and 
"(ii) executes the agreement for transfer of the property 
and accepts control of the property within a reasonable time 
after the date of the property disposal record of decision or 
finding of no significant impact under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
"(C) For purposes of subparagraph (B), the use of proceeds 
from a sale or lease described in such subparagraph to pay for, 
or offset the costs of, public investment on or related to the installa-
tion for any of the following purposes shall be considered a use 
to support the economic redevelopment of, or related to, the installa-
tion: 
"(i) Road construction, 
"(ii) Transportation management facilities, 
"(iii) Storm and sanitary sewer construction. 
"(iv) Police and fire protection facilities and other public 
facilities. 
"(v) Utility construction, 
"(vi) Building rehabilitation, 
"(vii) Historic property preservation, 
"(viii) Pollution prevention equipment or facilities, 
"(ix) Demolition. 
"(x) Disposal of hazardous materials generated by demoli-
tion. 
"(xi) Landscaping, grading, and other site or public 
improvements. 
113 STAT. 854 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(xii) Planning for or the marketing of the development 
and reuse of the installation. 
"(D) The Secretary may recoup from a redevelopment authority 
such portion of the proceeds from a sale or lease described in 
subparagraph (B) as the Secretary determines appropriate if the 
redevelopment authority does not use the proceeds to support eco-
nomic redevelopment of, or related to, the installation for the period 
specified in subparagraph (B)."; 
(4) in subparagraph (F), as redesignated by paragraph (2)— 
(A) by striking "(i)"; and 
(B) by striking clause (ii); and 
(5) by inserting after subparagraph (F), as so redesignated, 
the following new subparagraphs: 
"(H)(i) In the case of an agreement for the transfer of property 
of a military installation under this paragraph that was entered 
into before April 21, 1999, the Secretary may modify the agreement, 
and in so doing compromise, waive, adjust, release, or reduce any 
right, title, claim, lien, or demand of the United States, if— 
"(I) the Secretary determines that as a result of changed 
economic circumstances, a modification of the agreement is 
necessary; 
"(II) the terms of the modification do not require the return 
of any pajonents that have been made to the Secretary; 
"(III) the terms of the modification do not compromise, 
waive, adjust, release, or reduce any right, title, claim, lien, 
or demand of the United States with respect to in-kind consider-
ation; and 
"(IV) the cash consideration to which the United States 
is entitled under the modified agreement, when combined with 
the cash consideration to be received by the United States 
for the disposal of other real property assets on the installation, 
are as sufficient as they were under the original agreement 
to 
fiind 
the 
reserve 
account 
established 
under 
section 
204(b)(7)(C) of the Defense Authorization Amendments and 
Base Closure and Realignment Act, with the depreciated value 
of the investment made with commissary store funds or non-
appropriated funds in property disposed of pursuant to the 
agreement being modified, in accordance with section 2906(d). 
"(ii) When exercising the authority granted by clause (i), the 
Secretary may waive some or all future payments if, and to the 
extent that, the Secretary determines such waiver is necessary, 
"(iii) With the exception of the requirement that the transfer 
be without consideration, the requirements of subparagraphs (B), 
(C), and (D) shall be applicable to any agreement modified pursuant 
to clause (i). 
"(I) In the case of an agreement for the transfer of property 
of a military installation under this paragraph that was entered 
into during the period beginning on April 21, 1999, and ending 
on the date of enactment of the National Defense Authorization 
Act for Fiscal Year 2000, at the request of the redevelopment 
authority concerned, the Secretary shall modify the agreement to 
conform to all the requirements of subparagraphs (B), (C), and 
(D). Such a modification may include the compromise, waiver, 
adjustment, release, or reduction of any right, title, claim, lien, 
or demand of the United States under the agreement.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 855 
(b) 1988 LAW.—Section 204(b)(4) of the Defense Authorization 
Amendments and Base Closure and ReaUgnment Act (Pubhc Law 
100-526; 10 U.S.C. 2687 note) is amended— 
(1) in subparagraph (A)— 
(A) by inserting "or reahgned" after "closed"; and 
(B) by inserting "for purposes of job generation on 
the installation" before the period at the end; 
(2) by redesignating subparagraphs (C), (D), and (E) as 
subparagraphs (E), (F), and (I), respectively; 
(3) by striking subparagraph (B) and inserting the following 
new subparagraphs: 
"(B) The transfer of property of a military installation under 
subparagraph (A) shall be without consideration if the redevelop-
ment authority with respect to the installation— 
"(i) agrees that the proceeds from any sale or lease of 
the property (or any portion thereof) received by the redevelop-
ment authority during at least the first seven years after the 
date of the transfer under subparagraph (A) shall be used 
to support the economic redevelopment of, or related to, the 
installation; and 
"(ii) executes the agreement for transfer of the property 
and accepts control of the property within a reasonable time 
after the date of the property disposal record of decision or 
finding of no significant impact under the National Environ-
mental Pohcy Act of 1969 (42 U.S.C. 4321 et seq.). 
"(C) For purposes of subparagraph (B), the use of proceeds 
from a sale or lease described in such subparagraph to pay for, 
or offset the costs of, public investment on or related to the installa-
tion for any of the following purposes shall be considered a use 
to support the economic redevelopment of, or related to, the installa-
tion: 
/ 
"(i) Road construction. 
/ 
"(ii) Transportation management facilities, 
"(iii) Storm and sanitary sewer construction, 
"(iv) Police and fire protection facilities and other public 
facilities. 
"(v) Utility construction. 
"(vi) Building rehabilitation, 
"(vii) Historic property preservation, 
"(viii) Pollution prevention equipment or facilities, 
"(ix) Demolition. 
"(x) Disposal of hazardous materials generated by demoli-
tion. 
"(xi) Landscaping, grading, and other site or public 
improvements. 
"(xii) Planning for or the marketing of the development 
and reuse of the installation. 
"(D) The Secretary may recoup from a redevelopment authority 
such portion of the proceeds from a sale or lease described in 
subparagraph (B) as the Secretary determines appropriate if the 
redevelopment authority does not use the proceeds to support eco-
nomic redevelopment of, or related to, the installation for the period 
specified in subparagraph (B)."; 
(4) in subparagraph (E), as redesignated by paragraph 
(2)— 
(A) by striking "(i)"; and 
(B) by striking clause (ii); and 
113 STAT. 856 
PUBLIC LAW 106-65—OCT. 5, 1999 
(5) by inserting after subparagraph (F) the following new 
subparagraphs: 
"(G)(i) In the case of an agreement for the transfer of property 
of a military installation under this paragraph that was entered 
into before April 21, 1999, the Secretary may modify the agreement, 
and in so doing compromise, waive, adjust, release, or reduce any 
right, title, claim, lien, or demand of the United States, if— 
"(I) the Secretary determines that as a result of changed 
economic circumstances, a modification of the agreement is 
necessary; 
"(II) the terms of the modification do not require the return 
of any payments that have been made to the Secretary; 
"(III) the terms of the modification do not compromise, 
waive, adjust, release, or reduce any right, title, claim, lien, 
or demand of the United States with respect to in-kind consider-
ation; and 
"(IV) the cash consideration to which the United States 
is entitled under the modified agreement, when combined with 
the cash consideration to be received by the United States 
for the disposal of other real property assets on the installation, 
are as sufficient as they were under the original agreement 
to fund the reserve account established under paragraph (7)(C), 
with the depreciated value of the investment made with com-
missary store funds or nonappropriated funds in property dis-
posed of pursuant to the agreement being modified, in accord-
ance with section 2906(d) of the Defense Base Closure and 
Realignment Act of 1990. 
"(ii) When exercising the authority granted by clause (i), the 
Secretary may waive some or all future payments if, and to the 
extent that, the Secretary determines such waiver is necessary, 
"(iii) With the exception of the requirement that the transfer 
be without consideration, the requirements of subparagraphs (B), 
(C), and (D) shall be applicable to any agreement modified pursuant 
to clause (i). 
"(H) In the case of an agreement for the transfer of property 
of a military installation under this paragraph that was entered 
into during the period beginning on April 21, 1999, and ending 
on the date of enactment of the National Defense Authorization 
Act for Fiscal Year 2000, at the request of the redevelopment 
authority concerned, the Secretary shall modify the agreement to 
conform to all the requirements of subparagraphs (B), (C), and 
(D). Such a modification may include the compromise, waiver, 
adjustment, release, or reduction of any right, title, claim, lien, 
or demand of the United States under the agreement.". 
SEC. 2822. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF 
DEFENSE BASE CLOSURE ACCOUNT 1990 FOR ACTIVITIES 
REQUIRED TO CLOSE OR REALIGN MILITARY INSTALLA-
TIONS. 
(a) DURATION OF ACCOUNT.—Subsection (a) of section 2906 
of the Defense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Pubhc Law 101-510; 10 U.S.C. 2687 note) 
is amended by adding at the end the following new paragraph: 
"(3) The Account shall be closed at the time and in the manner 
provided for appropriation accounts under section 1555 of title 
31, United States Code. Unobligated funds which remain in the 
Account upon closure shall be held by the Secretary of the Treasury 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 857 
until transferred by law after the congressional defense committees 
receive the final report transmitted under subsection (c)(2).". 
(b) EFFECT OF CONTINUATION ON USE OF ACCOUNT.—Subsection 
(b)(1) of such section is amended by adding at the end the following 
new sentence: "After July 13, 2001, the Account shall be the sole 
source of Federal funds for environmental restoration, property 
management, and other caretaker costs associated with any real 
property at military installations closed or realigned under this 
part or such title IL". 
(c) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (c)— 
(A) by striking paragraph (2); and 
(B) by redesignating paragraph (3) as paragraph (2) 
and, in such paragraph, by inserting after "this part" the 
following: "and no later than 60 days after the closure 
of the Account under subsection (a)(3)"; and 
(2) in subsection (e), by striking "the termination of the 
authority of the Secretary to carry out a closure or realignment 
under this part" and inserting "the closure of the Account 
under subsection (a)(3)". 
Subtitle D—Land Conveyances 
PART I—ARMY CONVEYANCES 
SEC. 2831. TRANSFER OF JURISDICTION, FORT SAM HOUSTON, TEXAS. 
(a) TRANSFER OF LAND FOR INCLUSION IN NATIONAL CEME-
TERY.—The Secretary of the Army may transfer, without reimburse-
ment, to the administrative jurisdiction of the Secretary of Veterans 
Affairs a parcel of real property, including any improvements 
thereon, consisting of approximately 152 acres and comprising a 
portion of Fort Sam Houston, Texas. 
(b) USE OF LAND.—The Secretary of Veterans Affairs shall 
include the real property trsmsferred under subsection (a) in the 
Fort Sam Houston National Cemetery and use the conveyed prop-
erty as a national cemetery under chapter 24 of title 38, United 
States Code. 
(c) LEGAL DESCRIPTION.—The exact acreage and legal descrip-
tion of the real property to be transferred under this section shall 
be determined by a survey satisfactory to the Secretary of the 
Army. The cost of the survey shall be borne by the Secretary 
of Vetergins Affairs. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may require such additional terms and conditions in connec-
tion with the transfer under this section as the Secretary of the 
Army considers appropriate to protect the interests of the United 
States. 
SEC. 2832. LAND EXCHANGE, ROCK ISLAND ARSENAL, ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey to the City of Moline, Illinois (in this section referred to 
as the "City"), all right, title, and interest of the United States 
in and to a parcel of real property, including improvements thereon, 
consisting of approximately .3 acres at the Rock Island Arsenal 
for the purpose of permitting the City to construct a new entrance 
113 STAT. 858 
PUBLIC LAW 106-65—OCT. 5, 1999 
and exit ramp for the bridge that crosses the southeast end of 
the island containing the Arsenal. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the City shall convey to the Secretary all right, 
title, and interest of the City in and to a parcel of real property 
consisting of approximately .2 acres and located in the vicinity 
of the parcel to be conveyed under subsection (a). 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcels to be conveyed under this section shall 
be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the City. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2833. LAND CONVEYANCE, ARMY RESERVE CENTER, BANGOR, 
MAINE. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the City of Bangor, Maine (in 
this section referred to as the "City"), all right, title, and interest 
of the United States in and to a parcel of real property, including 
any improvements thereon, consisting of approximately 5 acres 
and containing the Army Reserve Center in Bangor, Maine, known 
as the Harold S. Slager Army Reserve Center, for the purpose 
of permitting the City to develop the parcel for educational purposes. 
(b) ALTERNATIVE CONVEYANCE AUTHORITY.—If at the time of 
the conveyance authorized by subsection (a) the Secretary has trans-
ferred jurisdiction over any of the property to be conveyed to the 
Administrator of General Services, the Administrator shall make 
the conveyance of such property under this section. 
(c) FEDERAL SCREENING.—(1) If any of the property authorized 
to be conveyed by subsection (a) is under the jurisdiction of the 
Administrator as of the date of the enactment of this Act, the 
Administrator shall conduct with respect to such property the 
screening for further Federal use otherwise required by subsection 
(a) of section 2696 of title 10, United States Code. 
(2) Subsections (b) through (d) of such section 2696 shall apply 
to the screening under paragraph (1) as if the screening were 
a screening conducted under subsection (a) of such section. For 
purposes of such subsection (b), the date of the enactment of the 
provision of law authorizing the conveyance of the property author-
ized to be conveyed by this section shall be the date of the enactment 
of this Act. 
(d) REVERSIONARY INTEREST.—During the 
five-year 
period 
beginning on the date the conveyance authorized by subsection 
(a) is made, if the official making the conveyance determines that 
the conveyed property is not being used for the purpose specified 
in such subsection, all right, title, £ind interest in and to the property 
shall revert to the United States, and the United States shall 
have the right of immediate entry onto the property. Any determina-
tion under this subsection shall be made on the record after an 
opportunity for a hearing. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the official 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 859 
having jurisdiction over the property at the time of the conveyance. 
The cost of the survey shall be borne by the City. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The official having 
jurisdiction over the property authorized to be conveyed by sub-
section (a) at the time of the conveyance may require such additional 
terms and conditions in connection with the conveyance as that 
official considers appropriate to protect the interests of the United 
States. 
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE CENTER, KANKAKEE, 
ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the City of Kankakee, Illinois 
(in this section referred to as the "City), all right, title, and interest 
of the United States in and to a parcel of real property, including 
improvements thereon, that is located at 1600 Willow Street in 
Kankakee, Illinois, and contains the vacant Stefaninch Army 
Reserve Center for the purpose of permitting the City to use the 
parcel for economic development and other public purposes. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(c) REVERSIONARY INTEREST.—During the 
five-year 
period 
beginning on the date the Secretary makes the conveyance author-
ized under subsection (a), if the Secretary determines that the 
conveyed real property is not being used in accordance with the 
purpose of the conveyance specified in such subsection, all right, 
title, and interest in and to the property, including any improve-
ments thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry onto the property. 
Any determination of the Secretary under this subsection shall 
be made on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2835. LAND CONVEYANCE, ARMY RESERVE CENTER, CANNON 
FALLS, MINNESOTA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Cannon Falls Area Schools, 
Minnesota Independent School District Number 252 (in this section 
referred to as the "District"), all right, title, and interest of the 
United States in and to a parcel of real property, including improve-
ments thereon, that is located at 710 State Street East in Cannon 
Falls, Minnesota, and contains an Army Reserve Center for the 
purpose of permitting the District to develop the parcel for edu-
cational purposes. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the District. 
(c) REVERSIONARY INTEREST.—During the 
five-year 
period 
beginning on the date the Secretary makes the conveyance author-
ized under subsection (a), if the Secretary determines that the 
conveyed real property is not being used in accordance with the 
purpose of the conveyance specified in such subsection, all right. 
113 STAT. 860 
PUBLIC LAW 106-65—OCT. 5, 1999 
title, and interest in and to the property, including any improve-
ments thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry onto the property. 
Any determination of the Secretary under this subsection shall 
be made on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2836. LAND 
CONVEYANCE, ARMY 
MAB^TENANCE 
SUPPORT 
ACTIVITY 
(MARINE) 
NUMBER 
84, MARCUS 
HOOK, 
PENNSYLVANIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Borough of Marcus Hook, 
Pennsylvania (in this section referred to as the "Borough"), all 
right, title, and interest of the United States in and to a parcel 
of real property, including improvements thereon, consisting of 
approximately 5 acres that is located at 7 West Delaware Avenue 
in Marcus Hook, Pennsylvania, and contains the facility known 
as the Army Maintenance Support Activity (Marine) Number 84, 
for the purpose of permitting the Borough to develop the parcel 
for recreational or economic development purposes. 
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the Borough— 
(1) use the conveyed property, directly or through an agree-
ment with a public or private entity, for recreational or eco-
nomic purposes; or 
(2) convey the property to an appropriate public or private 
entity for use for such purposes. 
(c) REVERSION.—If the Secretary determines at any time that 
the real property conveyed under subsection (a) is not being used 
for recreational or economic development purposes, as required 
by subsection (b), all right, title, and interest in and to the property 
conveyed under subsection (a), including any improvements thereon, 
shall revert to the United States, and the United States shall 
have the right of immediate entry thereon. Any determination 
of the Secretary under this subsection shall be made on the record 
after an opportunity for a hearing. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Borough. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2837. LAND CONVEYANCES, ARMY DOCKS AND RELATED PROP-
E R T Y , ALASKA. 
(a) JUNEAU NATIONAL GUARD DOCK.—The Secretary of the 
Army may convey, without consideration, to the City of Juneau, 
Alaska, all right, title, and interest of the United States in and 
to a parcel of real property, including improvements thereon, located 
at 1030 Thane Highway in Juneau, Alaska, and consisting of 
approximately 0.04 acres and the appurtenant facility known as 
the Juneau National Guard Dock, for the purpose of permitting 
the recipient to use the parcel for navigation-related commerce. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 861 
(b) WHITTIER DELONG DOCK.—The Secretary may convey, with-
out consideration, to the Alaska Railroad Corporation, all right, 
* 
title, and interest of the United States in and to a parcel of real 
property, including improvements thereon, located in Whittier, 
Alaska, and consisting of approximately 6.13 acres and the appur-
tenant facility known as the DeLong Dock, for the purpose of 
permitting the recipient to use the parcel for economic development. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsections 
(a) and (b) shall be determined by surveys satisfactory to the 
Secretary. The cost of the surveys shall be borne by the recipient 
of the real property. 
(d) REVERSIONARY INTERESTS.—During the five-year period 
beginning on the date the Secretary makes a conveyance authorized 
under this section, if the Secretary determines that the real property 
conveyed by that conveyance is not being used in accordance with 
the purpose of the conveyance, all right, title, and interest in 
and to the property, including any improvements thereon, shall 
revert to the United States, and the United States shall have 
the right of immediate entry onto the property. Any determination 
of the Secretary under this subsection shall be made on the record 
after an opportunity for a hearing. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under subsections (a) and (b) as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2838. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Department of Veterans' Serv-
ices of the State of Arizona (in this section referred to as the 
"Department"), all right, title, and interest of the United States 
in and to a parcel of real property, including improvements thereon, 
consisting of approximately 130 acres at Fort Huachuca, Arizona, 
for the purpose of permitting the Department to establish a State-
run cemetery for veterans. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Department. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2839. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY HOUSING 
SITE, EAST HANOVER TOWNSHIP, NEW JERSEY. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Township Council of East 
Hanover, New Jersey (in this section referred to as the "Township"), 
all right, title, and interest of the United States in and to a parcel 
of real property, including improvements thereon, consisting of 
approximately 13.88 acres located near the unincorporated area 
of Hanover Neck in East Hanover, New Jersey, and was a former 
family housing site for Nike Battery 80, for the purpose of permit-
ting the Township to develop the parcel for affordable housing 
and for recreational purposes. 
113 STAT. 862 
PUBLIC LAW 106-65—OCT. 5, 1999 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Township. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2840. LAND CONVEYANCES, TWIN CITIES ARMY AMMUNITION 
PLANT, MINNESOTA. 
(a) CONVEYANCE TO CITY AUTHORIZED.—The Secretary of the 
Army may convey to the City of Arden Hills, Minnesota (in this 
section referred to as the "City"), all right, title, and interest of 
the United States in and to a parcel of real property, including 
improvements thereon, consisting of approximately 4 acres at the 
Twin Cities Army Ammunition Pl£int, for the purpose of permitting 
the City to construct a city hall complex on the parcel. 
(b) CONVEYANCE TO COUNTY AUTHORIZED.—The Secretary of 
the Army may convey to Ramsey County, Minnesota (in this section 
referred to as the "County"), all right, title, and interest of the 
United States in and to a parcel of real property, including improve-
ments thereon, consisting of approximately 35 acres at the Twin 
Cities Army Ammunition Plant, for the purpose of permitting the 
County to construct a maintenance facility on the parcel. 
(c) CONSIDERATION.—^As consideration for the conveyances 
under this section, the City shall make the city hall complex avail-
able for use by the Minnesota National Guard for public meetings, 
and the County shall make the maintenance facility available for 
use by the Minnesota National Guard, as detailed in agreements 
entered into between the City, County, and the Commanding Gen-
eral of the Minnesota National Guard. Use of the city hall complex 
and maintenance facility by the Minnesota National Guard shall 
be without cost to the Minnesota National Guard. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under this section 
shall be determined by surveys satisfactory to the Secretary. The 
cost of the survey shall be borne by the recipient of the real 
property. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2841. 
REPAIR 
AND 
CONVEYANCE 
OF 
RED 
BUTTE 
DAM 
AND 
RES-
ERVOIR, 
SALT 
LAKE 
CITY, 
UTAH. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Central Utah Water Conser-
vancy District, Utah (in this section referred to as the "District"), 
all right, title, and interest of the United States in and to the 
real property, including the dam, spillway, and any other improve-
ments thereon, comprising the Red Butte Dam and Reservoir, Salt 
Lake City, Utah. The Secretary shall make the conveyance without 
regard to the department or agency of the Federal Government 
having jurisdiction over Red Butte Dam and Reservoir. 
(b) FUNDS FOR IMPROVEMENT OF DAM AND RESERVOIR.—(1) 
Not later than 60 days after the date of the enactment of this 
Act, the Secretary may make funds available to the District for 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 863 
purposes of the improvement of Red Butte Dam and Reservoir 
to meet the standards applicable to the dam and reservoir under 
the laws of the State of Utah. The amount of funds made available 
may not exceed $6,000,000. 
(2) The District shall use funds made available to the District 
under paragraph (1) solely for purposes of improving Red Butte 
Dam and Reservoir to meet the standards referred to in such 
paragraph. 
(c) RESPONSIBILITY FOR MAINTENANCE AND OPERATION.—Upon 
the conveyance of Red Butte Dam and Reservoir under subsection 
(a), the District shall assume all responsibility for the operation 
and maintenance of Red Butte Dam and Reservoir for fish, wildlife, 
and flood control purposes in accordance with the repayment con-
tract or other applicable agreement between the District and the 
Bureau of Reclamation with respect to Red Butte Dam and Res-
ervoir. 
(d) DESCRIPTION OF PROPERTY.—The legal description of the 
real property to be conveyed under subsection (a) shall be deter-
mined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the District. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2842. MODIFICATION 
OF LAND CONVEYANCE, JOLIET ARMY 
AMMUNITION PLANT, ILLINOIS. 
Section 2922(c) of the Military Construction Authorization Act 
for Fiscal Year 1996 (division B of Pubhc Law 104-106; 110 Stat. 
605) is amended— 
16 USC 1609 
(1) by inserting "(1)" before "The conveyance"; and 
"ote. 
(2) by adding at the end the following new paragraph: 
"(2) The l£indfill established on the real property conveyed 
under subsection (a) may contain only waste generated in the 
county in which the landfill is established and waste generated 
in municipalities located at least in part in that county. The landfill 
shall be closed and capped after 23 years of operation.". 
PART II—NAVY CONVEYANCES 
SEC. 2851. LAND 
CONVEYANCE, 
NAVAL 
WEAPONS 
INDUSTRIAL 
RESERVE PLANT NO. 387, DALLAS, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy 
may convey to the City of Dallas, Texas (in this section referred 
to as the "City"), all right, title, and interest of the United States 
in and to parcels of real property consisting of approximately 314 
acres and comprising the Naval Weapons Industrial Reserve Plant 
No. 387, Dallas, Texas. 
(2)(A) As part of the conveyance authorized by paragraph (1), 
the Secretary may convey to the City such improvements, equip-
ment, fixtures, and other personal property located on the parcels 
referred to in that paragraph as the Secretary determines to be 
not required by the Navy for other purposes. 
(B) The Secretary may permit the City to review and inspect 
the improvements, equipment, fixtures, and other personal property 
located on the parcels referred to in paragraph (1) for purposes 
of the conveyance authorized by this paragraph. 
113 STAT. 864 
PUBLIC LAW 106-65—OCT. 5, 1999 
(b) 
AUTHORITY TO CONVEY WITHOUT CONSIDERATION.—The 
conveyance authorized by subsection (a) may be made without 
consideration if the Secretary determines that the conveyance on 
that basis would be in the best interests of the United States. 
(c) CONDITION OF CONVEYANCE.—The conveyance authorized 
by subsection (a) shall be subject to the condition that the City— 
(1) use the parcels, directly or through an agreement with 
a public or private entity, for economic purposes or such other 
public purposes as the City determines appropriate; or 
(2) convey the parcels to an appropriate public entity for 
use for such purposes. 
(d) REVERSION.—If, during the 5-year period beginning on the 
date the Secretary makes the conveyance authorized by subsection 
(a), the Secretary determines that the conveyed real property is 
not being used for a purpose specified in subsection (c), all right, 
title, and interest in and to the property, including any improve-
ments thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry onto the property. 
(e) LIMITATION ON CERTAIN SUBSEQUENT CONVEYANCES.—(1) 
Subject to paragraph (2), if at £iny time after the Secretary makes 
the conveyance authorized by subsection (a) the City conveys any 
portion of the parcels conveyed under that subsection to a private 
entity, the City shall pay to the United States an amount equal 
to the fair market value (as determined by the Secretary) of the 
portion conveyed at the time of its conveyance under this subsection. 
(2) Paragraph (1) applies to a conveyance described in that 
paragraph only if the Secretary makes the conveyance authorized 
by subsection (a) without consideration. 
(3) The Secretary shall cover over into the General Fund of 
the Treasury as miscellaneous receipts any amounts paid the Sec-
retary under this subsection. 
(f) INTERIM LEASE.—(1) Until such time as the real property 
described in subsection (a) is conveyed by deed under this section, 
the Secretary may continue to lease the property, together with 
improvements thereon, to the tenant occupjdng the property as 
of the date of the enactment of this Act (in this section referred 
to as the "current tenant") under the terms and conditions of 
the lease for the property in effect on that date (in this section 
referred to as the "existing lease") or a successor lease. 
(2) If good faith negotiations for the conveyemce of the property 
continue under this section beyond the end of the third year of 
the term of the existing lease for the property, and the current 
tenant is in compliance with the lease, the Secretary shall continue 
to lease the property to the current tenant under the terms and 
conditions applicable to the first three years of the existing lease 
pursuant to the existing lease for the property. 
(3) If the property has not been conveyed by deed under this 
section within six years after the date of the enactment of this 
Act, the Secretary may extend or renegotiate the existing lease. 
(g) MAINTENANCE OF PROPERTY.—(1) If the existing lease is 
continued under subsection (f), the current tenant of the real prop-
erty covered by the lease shall be responsible for maintenance 
of the property as provided for in the existing lease, any extension 
thereof, or any successor lease. 
(2) To the extent provided in advance in appropriations Acts, 
the Secretary shall be responsible for maintaining the real property 
to be conveyed under this section after the date of the termination 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 865 
of the lease with the current tenant or the date the property 
is vacated by the current tenant, whichever is later, until such 
time as the property is conveyed by deed under this section. 
(h) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2852. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY 
POINT, NORTH CAROLINA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey, without consideration, to the State of North Carolina (in 
this section referred to as the "State"), all right, title, and interest 
of the United States in and to a parcel of unimproved real property 
consisting of approximately 20 acres at the Marine Corps Air Sta-
tion, Cherry Point, North Carolina, for the purpose of permitting 
the State to develop the parcel for educational purposes. 
(b) CONDITION OF CONVEYANCE.—The conveyance authorized 
by subsection (a) shall be subject to the condition that the State 
convey to the United States such easements and rights-of-way 
regarding the parcel as the Secretary considers necessary to ensure 
use of the parcel by the State is compatible with the use of the 
Marine Corps Air Station. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the State. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2853. LAND CONVEYANCE, NEWPORT, RHODE ISLAND. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the City of Newport, Rhode Islsmd (in this section referred 
to as the "City"), all right, title, and interest of the United States 
in and to a parcel of real property (together with any improvements 
thereon) consisting of approximately 15 acres and known as the 
Connell Manor housing area, which is located on Ranger Road 
and is bounded to the north by Coddington Highway, to the west 
and south by city streets, and to the east by private properties. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the City shall pay to the Secretary an amount 
sufficient to cover the cost, as determined by the Secretary— 
(1) to carry out any environmental assessments and any 
other studies, analyses, and assessments that may be required 
under Federal law in connection with the conveyance; and 
(2) to sever and realign utility systems as may be necessary 
to complete the conveyance. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
113 STAT. 866 
PUBLIC LAW 106-65—OCT. 5, 1999 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2854. LAND CONVEYANCE, NAVAL TRAINING CENTER, ORLANDO, 
FLORIDA. 
The Secretary of the Navy shall convey all right, title, and 
interest of the United States in and to the land comprising the 
main base portion of the Naval Training Center and the McCoy 
Annex Areas, Orlando, Florida, to the City of Orlando, Florida, 
in accordance with the terms and conditions set forth in the Memo-
randum of Agreement by and between the United States of America 
and the City of Orlando for the Economic Development Conveyance 
of Property on the Main Base and McCoy Annex Areas of the 
Naval Training Center, Orlando, executed by the Parties on 
December 9, 1997, as amended. 
SEC. 2855. ONE-YEAR DELAY IN DEMOLITION OF RADIO TRANSMIT-
TING FACILITY TOWERS AT NAVAL STATION, ANNAPOLIS, 
MARYLAND, TO FACILITATE CONVEYANCE OF TOWERS. 
(a) DEMOLITION DELAY.—During the one-year period beginning 
on the date of the enactment of this Act, funds authorized to 
be appropriated by this or any other Act may not obligated or 
expended by the Secretary of the Navy to demolish the three south-
eastern most naval radio transmitting towers located at Naval 
Station, Annapolis, Maryland, that are otherwise scheduled for 
demolition as of that date. 
(b) CONVEYANCE OF TOWERS.—The Secretary may convey, with-
out consideration, to the State of Maryland or the County of Anne 
Arundel, Maryland, all right, title, and interest (including mainte-
nance responsibility) of the United States in and to the naval 
radio transmitting towers described in subsection (a) if, during 
the period specified in such subsection, the recipient agrees to 
accept the towers in an as is condition. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (b) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2856. CLARIFICATION OF LAND EXCHANGE, NAVAL RESERVE 
READINESS CENTER, PORTLAND, MAINE. 
(a) CLARIFICATION ON CONVEYEE.—Subsection (a)(1) of section 
2852 of the Military Construction Authorization Act for Fiscal Year 
1999 (division B of Public Law 105-261; 112 Stat. 2220) is amended 
by striking "Gulf of Maine Aquarium Development Corporation, 
Portland, Maine (in this section referred to as the 'Corporation')" 
and inserting "Gulf of Maine Aquarium Development Corporation, 
Portland, Maine, a non-profit education and research institute (in 
this section referred to as the 'Aquarium')". 
(b) CONFORMING AMENDMENTS.—Such section 
is 
further 
amended by striking "the Corporation" each place it appears and 
inserting "the Aquarium". 
SEC. 2857. REVISION TO LEASE AUTHORITY, NAVAL AIR STATION, 
MERIDLAN, MISSISSIPPI. 
Section 2837 of the Military Construction Authorization Act 
for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 867 
2798), as amended by section 2853 of the Military Construction 
Authorization Act for Fiscal Year 1998 (division B of Public Law 
105-85; 111 Stat. 2009), is amended— 
(1) in subsection (a)(1), by striking "22,000 square feet" 
and inserting "27,000 square feet"; and 
(2) in subsection (b)(2), by striking "20 percent" and 
inserting "25 percent". 
SEC. 2858. LAND CONVEYANCES, NORFOLK, VIRGINIA. 
(a) CONVEYANCES AUTHORIZED.—The Secretary of the Navy 
may convey to the Commonwealth of Virginia (in this section 
referred to as the "Commonwealth"), all right, title, and interest 
of the United States in and to such parcels of real property in 
the Norfolk, Virginia, area as the Secretary and the Commonwealth 
jointly determine to be required for the projects referred to in 
subsection (d). 
(b) GRANTS OF EASEMENT OR RIGHT-OF-WAY.—The Secretary 
may grant to the Commonwealth such easements, rights-of-way, 
or other interests in land under the jurisdiction of the Secretary 
as the Secretary and the Commonwealth jointly determine to be 
required for the projects referred to in subsection (d). 
(c) CONSIDERATION.—(1) As consideration for the grant of ease-
ments and rights-of-way under subsection (b), the Secretary may 
require the Commonwealth— 
(A) to provide in the Virginia Transportation Improvement 
Plan for improved access for ingress and egress from Interstate 
Route 564 to the new air terminal at Naval Air Station, Norfolk, 
Virginia; 
(B) to include funding for a project or projects necessary 
for such access in the Fiscal Year 2000-2001 Six Year Improve-
ment Program of the Commonwealth of Virginia; and 
(C) to relocate or replace (at no cost to the Department 
of the Navy) facilities of the Navy that are affected by the 
projects referred to in subsection (d). 
(2) The consideration to be provided under this subsection 
for any gremts of easement and right-of-way under this section 
shall be set forth in a memorandum of agreement between the 
Secretary and the Commonwealth. 
(d) COVERED PROJECTS.—The projects referred to in this sub-
section are projects relating to highway construction, as follows: 
(1) Project number 0337-122-F14, PE-101 (Back Gate). 
(2) Project number 0337-122-F14, PE-102 (Front Gate). 
(3) Project number 0564-122-108, PE-101 (Interstate 
Route 564 intermodal connector). 
(e) SENSE OF CONGRESS REGARDING CONSTRUCTION OF ACCESS 
TO NAVAL AIR STATION, NORFOLK, VIRGINIA.—It is the sense of 
Congress that, by reason of the conveyances under subsection (a), 
the Commonwealth should work with the Secretary for purposes 
of constructing on Interstate Route 564 an interchange providing 
improved access to the new air terminal at Naval Air Station, 
Norfolk, Virginia. 
(f) EXEMPTION FROM FEDERAL SCREENING REQUIREMENT.—The 
conveyances authorized by subsection (a) shall be made without 
regard to the requirement under section 2696 of title 10, United 
States Code, that the property be screened for further Federal 
use in accordance with the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 471 et seq.). 
113 STAT. 868 
PUBLIC LAW 106-65—OCT. 5, 1999 
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of any real property conveyed under subsection (a), 
and of any easements, rights-of-way, or other interests granted 
under subsection (b), shall be determined by a survey or surveys 
satisfactory to the Secretary. The cost of the survey or surveys 
shall be borne by the Commonwealth. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance of any real property under subsection (a) as the 
Secretary considers appropriate to protect the interests of the 
United States. 
PART III—AIR FORCE CONVEYANCES 
SEC. 2861. LAND CONVEYANCE, NEWINGTON DEFENSE FUEL SUPPLY 
POINT, NEW HAMPSHIRE. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the Pease Development 
Authority, New Hampshire (in this section referred to as the 
"Authority"), all right, title, and interest of the United States in 
and to parcels of real property, together with any improvements 
thereon, consisting of approximately 10.26 acres and located in 
Newington, New Hampshire, the site of the Newington Defense 
Fuel Supply Point. 
(b) RELATED PIPELINE AND EASEMENT.—AS part of the convey-
ance authorized by subsection (a), the Secretary may convey to 
the Authority, without consideration, all right, title, and interest 
of the United States in and to the following: 
(1) The pipeline approximately 1.25 miles in length that 
runs between the property authorized to be conveyed under 
subsection (a) and former Pease Air Force Base, New Hamp-
shire, and any facilities and equipment related thereto. 
(2) An easement consisting of approximately 4.612 acres 
for purposes of activities relating to the pipeline. 
(c) CONDITION OF CONVEYANCE.—^The conveyance authorized 
by subsection (a) may only be made if the Authority agrees to 
make the fuel supply pipeline available for use by the New Hamp-
shire Air National Guard under terms and conditions acceptable 
to the Secretary. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a), the easement to be conveyed under subsection (b)(2), and the 
pipeline to be conveyed under subsection (b)(1) shall be determined 
by surveys and other means satisfactory to the Secretary. The 
cost of any survey or other services performed at the direction 
of the Secretary under the preceding sentence shall be borne by 
the Authority. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC 2862. LAND CONVEYANCE, TYNDALL ADR FORCE BASE, FLORIDA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey to Panama City, Florida (in this section referred to 
as the "City), all right, title, and interest of the United States 
in and to a parcel of real property, including improvements thereon, 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 869 
consisting of approximately 33.07 acres in Bay County, Florida, 
and containing the military family housing project for Tyndall Air 
Force Base known as Cove Garden. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the City shall pay to the United States an amount 
equal to the fair market value of the real property to be conveyed, 
as determined by the Secretary. 
(c) USE OF PROCEEDS.—In such amounts as are provided in 
advance in appropriations Acts, the Secretary may use the funds 
paid by the City under subsection (b) to construct or improve 
military family housing units at Tyndall Air Force Base and to 
improve ancillary supporting facilities related to such housing. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2863. LAND CONVEYANCE, PORT OF ANCHORAGE, ALASKA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
and the Secretary of the Interior may convey, without consideration, 
to the Port of Anchorage, an entity of the City of Anchorage, 
Alaska (in this section referred to as the "Port"), all right, title, 
and interest of the United States in and to two parcels of real 
property, including improvements thereon, consisting of a total 
of approximately 14.22 acres located adjacent to the Port of Anchor-
age Marine Industrial Park in Anchorage, Alaska, and leased by 
the Port from the Department of the Air Force and the Bureau 
of Land Management, for the purpose of permitting the Port to 
use the parcels for economic development. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary 
of the Air Force and the Secretary of the Interior. The cost of 
the survey shall be borne by the Port. 
(c) REVERSIONARY INTEREST.—During the five-year 
period 
beginning on the date the Secretary concerned makes the convey-
ance authorized under subsection (a), if that Secretary determines 
that the real property conveyed by that Secretary is not being 
used in accordance with the purpose of the conveyance specified 
in such subsection, all right, title, and interest in and to that 
property, including any improvements thereon, shall revert to the 
United States, and the United States shall have the right of imme-
diate entry onto the property. Any determination of the Secretary 
concerned under this subsection shall be made on the record after 
an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Air Force and the Secretary of the Interior may require such addi-
tional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretaries considers appropriate to protect 
the interests of the United States. 
113 STAT. 870 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 
2864. LAND CONVEYANCE, FORESTPORT TEST ANNEX, 
NEW 
YORK 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the Town of Ohio, New York 
(in this section referred to as the "Town"), all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approximately 164 
acres in Herkimer County, New York, and approximately 18 acres 
in Oneida County, New York, and containing the Forestport Test 
Annex for the purpose of permitting the Town to develop the parcel 
for economic purposes and to further the provision of municipal 
services. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Town. 
(c) REVERSIONARY INTEREST.—During the 
five-year 
period 
beginning on the date the Secretary makes the conveyance author-
ized under subsection (a), if the Secretary determines that the 
conveyed real property is not being used in accordance with the 
purpose of the conveyance specified in such subsection, all right, 
title, and interest in and to the property, including any improve-
ments thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry onto the property. 
Any determination of the Secretary under this subsection shall 
be made on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION 
CENTER, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—(1) Consistent with applicable 
laws, including section 120 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620), 
the Secretary of the Air Force may convey, without consideration, 
to the Regents of the University of California, acting on behalf 
of the University of California, Davis (in this section referred to 
as the "Regents"), all right, title, and interest of the United States 
in and to the parcel of real property, including improvements 
thereon, consisting of the McClellan Nuclear Radiation Center, 
California. 
(2) Pending the completion of all actions necessary to prepare 
the property described in paragraph (1) for conveyance under such 
paragraph, the Secretary may lease the property to the Regents. 
(b) INSPECTION OF PROPERTY.—At an appropriate time before 
any conveyance or lease under subsection (a), the Secretary shall 
permit the Regents access to the property described in such sub-
section for purposes of such investigation of the McClellan Nuclear 
Radiation Center and the atomic reactor located at the Center 
as the Regents consider appropriate. 
(c) HOLD HARMLESS.—(1)(A) The Secretary may not make the 
conveyance or lease authorized by subsection (a) unless the Regents 
agree to indemnify and hold harmless the United States for and 
against the following: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 871 
(i) Any and all costs associated with the decontamination 
and decommissioning of the atomic reactor at the McClellan 
Nuclear Radiation Center under requirements that are imposed 
by the Nuclear Regulatory Commission or any other appropriate 
Federal or State regulatory agency. 
(ii) Any and all injury, damage, or other liability arising 
from the operation of the atomic reactor after its conveyance 
under this section. 
(B) The Secretary may pay the Regents an amount not to 
exceed $17,593,000 as consideration for the agreement under 
subparagraph (A). Notwithstanding section 2906(b) of the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note), the Secretary may 
use amounts appropriated pursuant to the authorization of appro-
priations in section 2405(a)(7) to make the payment under this 
subparagraph. 
(2) Notwithstanding the agreement under paragraph (1), the 
Secretary may, as part of the conveyance or lease authorized by 
subsection (a), enter into an agreement with the Regents under 
which the United States shall indemnify and hold harmless the 
University of California for and against any injury, damage, or 
other liability in connection with the operation of the atomic reactor 
at the McClellan Nuclear Radiation Center after its conveyance 
or lease that arises from a defect in the atomic reactor that could 
not have been discovered in the course of the inspection carried 
out under subsection (b). 
(d) CONTINUING OPERATION OF REACTOR.—Until such time as 
the property authorized to be conveyed by subsection (a) is conveyed 
by deed or lease, the Secretary shall take appropriate actions, 
including the allocation of personnel, funds, and other resources, 
to ensure the continuing operation of the atomic reactor located 
at the McClellan Nuclear Radiation Center in accordance with 
applicable requirements of the Nuclear Regulatory Commission and 
otherwise in accordance with law. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Secretary. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance or lease under subsection (a) as the Secretary con-
siders appropriate to protect the interests of the United States. 
Subtitle E—Other Matters 
SEC. 2871. ACCEPTANCE OF GUARANTEES IN CONNECTION WITH 
GIFTS TO MILITARY SERVICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of 
title 10, United States Code, is amended by inserting after section 
4356 the following new section: 
"§4357. Acceptance 
of guarantees 
with 
gifts for 
major 
projects 
"(a) ACCEPTANCE AUTHORITY.—Subject to subsection (c), the 
Secretary of the Army may accept from a donor or donors a qualified 
113 STAT. 872 
PUBLIC LAW 106-65—OCT. 5, 1999 
guarantee for the completion of a major project for the benefit 
of the Academy. 
"(b) OBLIGATION AUTHORITY.—The amount of a qualified guar-
antee accepted under this section shall be considered as contract 
authority to provide obligation authority for purposes of Federal 
fiscal and contractual requirements. Funds available for a project 
for which such a guarantee has been accepted may be obligated 
and expended for the project without regard to whether the total 
amount of the funds and other resources available for the project 
(not taking into account the amount of the guarantee) is sufficient 
to pay for completion of the project. 
"(c) NOTICE OF PROPOSED ACCEPTANCE.—The Secretary of the 
Army may not accept a qualified guarantee under this section 
for the completion of a major project until after the expiration 
of 30 days following the date upon which a report of the facts 
concerning the proposed guarantee is submitted to Congress. 
"(d) PROHIBITION ON COMMINGLING OF FUNDS.—The Secretary 
of the Army may not enter into any contract or other transaction 
involving the use of a qualified guarantee and appropriated funds 
in the same contract or transaction. 
"(e) DEFINITIONS.—In this section: 
"(1) MAJOR PROJECT.—The term 'major project' means a 
project for the purchase or other procurement of read or personal 
property, or for the construction, renovation, or repair of real 
or personal property, the total cost of which is, or is estimated 
to be, at least $1,000,000. 
"(2) QUALIFIED GUARANTEE.—The term 'qualified guar-
antee', with respect to a major project, means a guarantee 
that— 
"(A) is made by one or more persons in connection 
with a donation, specifically for the project, of a total 
amount in cash or securities that, as determined by the 
Secretary of the Army, is sufficient to defi*ay a substantial 
portion of the total cost of the project; 
"(B) is made to facilitate or expedite the completion 
of the project in reasonable anticipation that other donors 
will contribute sufficient funds or other resources in 
amounts sufficient to pay for completion of the project; 
"(C) is set forth as a written agreement that provides 
for the donor to furnish in cash or securities, in addition 
to the donor's other gift or gifts for the project, any addi-
tional amount that may become necessary for paying the 
cost of completing the project by reason of a failure to 
obtain fi-om other donors or sources funds or other 
resources in amounts sufficient to pay the cost of com-
pleting the project; and 
"(D) is accomp£inied by— 
"(i) an irrevocable and unconditional standby letter 
of credit for the benefit of the Academy that is in 
the amount of the guarantee and is issued by a major 
United States commercial bank; or 
"(ii) a qualified account control agreement. 
"(3) QUALIFIED ACCOUNT CONTROL AGREEMENT.—The term 
'qualified account control agreement', with respect to a guar-
antee of a donor, means an agreement among the donor, the 
Secretary of the Army, and a major United States investment 
management firm that— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 873 
"(A) ensures the availability of sufficient funds or other 
financial resources to pay the amount guaranteed during 
the period of the guarantee; 
"(B) provides for the perfection of a security interest 
in the assets of the account for the United States for 
the benefit of the Academy with the highest priority avail-
able for liens and security interests under applicable law; 
"(C) requires the donor to maintain in an account 
with the investment management firm assets having a 
total value that is not less than 130 percent of the amount 
guaranteed; and 
"(D) requires the investment management firm, at any 
time that the value of the account is less than the value 
required to be maintained under subparagraph (C), to liq-
uidate any noncash assets in the account and reinvest 
the proceeds in Treasury bills issued under section 3104 
of title 31. 
"(4) MAJOR UNITED STATES COMMERCIAL BANK.—The term 
'major United States commercial bank' means a commercial 
bank that— 
"(A) is an insured bank (as defined in section 3 of 
the Federal Deposit Insurance Act (12 U.S.C. 1813)); 
"(B) is headquartered in the United States; and 
"(C) has net assets in a total amount considered by 
the Secretary of the Army to qualify the bank as a major 
bank. 
"(5) 
MAJOR 
UNITED STATES INVESTMENT MANAGEMENT 
FIRM.—The term 'major United States investment management 
firm' means any broker, dealer, investment adviser, or provider 
of investment supervisory services (as defined in section 3 
of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or 
section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 
80b-2) or a major United States commercial bank that— 
"(A) is headquartered in the United States; and 
"(B) holds for the account of others investment assets 
in a total amount considered by the Secretary of the Army 
to qualify the firm as a major investment management 
firm.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 4356 
the following new item: 
"4357. Acceptance of guarantees with gifts for major projects.". 
(b) NAVAL ACADEMY.—(1) Chapter 603 of title 10, United States 
Code, is amended by inserting after section 6974 the following 
new section: 
"§6975. Acceptance 
of guarantees w^ith gifts for 
major 
projects 
"(a) ACCEPTANCE AUTHORITY.—Subject to subsection (c), the 
Secretary of the Navy may accept from a donor or donors a qualified 
guarantee for the completion of a major project for the benefit 
of the Naval Academy. 
"(b) OBLIGATION AUTHORITY.—The amount of a qualified guar-
antee accepted under this section shall be considered as contract 
authority to provide obligation authority for purposes of Federal 
fiscal and contractual requirements. Funds available for a project 
for which such a guarantee has been accepted may be obligated 
69-194-01 -29:QL3Panl 
113 STAT. 874 
PUBLIC LAW 106-65—OCT. 5, 1999 
and expended for the project without regard to whether the total 
amount of the funds and other resources available for the project 
(not taking into account the amount of the guarantee) is sufficient 
to pay for completion of the project. 
"(c) NOTICE OF PROPOSED ACCEPTANCE.—The Secretary of the 
Navy may not accept a qualified guarantee under this section 
for the completion of a major project until after the expiration 
of 30 days following the date upon which a report of the facts 
concerning the proposed guarantee is submitted to Congress. 
"(d) PROHIBITION ON COMMINGLING OF FUNDS.—The Secretary 
of the Navy may not enter into any contract or other transaction 
involving the use of a qualified guarantee and appropriated funds 
in the same contract or transaction. 
"(e) DEFINITIONS.—In this section: 
"(1) MAJOR PROJECT.—The term 'major project' means a 
project for the purchase or other procurement of real or personal 
property, or for the construction, renovation, or repair of real 
or personal property, the total cost of which is, or is estimated 
to be, at least $1,000,000. 
"(2) QUALIFIED GUARANTEE.—The term 'qualified guar-
antee', with respect to a major project, means a guarantee 
that— 
"(A) is made by one or more persons in connection 
with a donation, specifically for the project, of a total 
amount in cash or securities that, as determined by the 
Secretary of the Navy, is sufficient to defray a substantial 
portion of the total cost of the project; 
"(B) is made to facilitate or expedite the completion 
of the project in reasonable anticipation that other donors 
will contribute sufficient funds or other resources in 
amounts sufficient to pay for completion of the project; 
"(C) is set forth as a written agreement that provides 
for the donor to furnish in cash or securities, in addition 
to the donor's other gift or gifts for the project, any addi-
tional amount that may become necessary for pa5dng the 
cost of completing the project by reason of a failure to 
obtain from other donors or sources funds or other 
resources in amounts sufficient to pay the cost of com-
pleting the project; and 
"(D) is accompanied by— 
"(i) an irrevocable and unconditional standby letter 
of credit for the benefit of the Naval Academy that 
is in the amount of the guarantee and is issued by 
a major United States commercial bank; or 
"(ii) a qualified account control agreement. 
"(3) QUALIFIED ACCOUNT CONTROL AGREEMENT.—The term 
'qualified account control agreement', with respect to a guar-
antee of a donor, means an agreement among the donor, the 
SecretEiry of the Navy, and a major United States investment 
management firm that— 
"(A) ensures the availability of sufficient funds or other 
financial resources to pay the amount guaranteed during 
the period of the guarantee; 
"(B) provides for the perfection of a security interest 
in the assets of the account for the United States for 
the benefit of the Naval Academy with the highest priority 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 875 
available for liens and security interests under applicable 
law; 
"(C) requires the donor to maintain in an account 
with the investment management firm assets having a 
total value that is not less than 130 percent of the amount 
guaranteed; and 
"(D) requires the investment management firm, at any 
time that the value of the account is less than the value 
required to be maintained under subparagraph (C), to liq-
uidate any noncash assets in the account and reinvest 
the proceeds in Treasury bills issued under section 3104 
of title 31. 
"(4) MAJOR UNITED STATES COMMERCIAL BANK.—The term 
'major United States commercial bank' means a commercial 
bank that— 
"(A) is an insured bank (as defined in section 3 of 
the Federal Deposit Insurance Act (12 U.S.C. 1813)); 
"(B) is headquartered in the United States; and 
"(C) has net assets in a total amount considered by 
the Secretary of the Navy to qualify the bank as a major 
bank. 
"(5) 
MAJOR 
UNITED STATES INVESTMENT MANAGEMENT 
FIRM.—The term 'major United States investment management 
firm' means any broker, dealer, investment adviser, or provider 
of investment supervisory services (as defined in section 3 
of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or 
section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 
80b-2) or a major United States commercial bank that— 
"(A) is headquartered in the United States; and 
"(B) holds for the account of others investment assets 
in a total amount considered by the Secretary of the Navy 
to qualify the firm as a major investment management 
firm.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 6974 
the following new item: 
"6975. Acceptance of guarantees with gifts for major projects.". 
(c) AIR FORCE ACADEMY.—(1) Chapter 903 of title 10, United 
States Code, is amended by inserting after section 9355 the fol-
lowing new section: 
"§9356. Acceptance of guarantees with gifts for major 
projects 
"(a) ACCEPTANCE AUTHORITY.—Subject to subsection (c), the 
Secretary of the Air Force may accept from a donor or donors 
a qualified guarantee for the completion of a major project for 
the benefit of the Academy. 
"(b) OBLIGATION AUTHORITY.—The amount of a qualified guar-
antee accepted under this section shall be considered as contract 
authority to provide obligation authority for purposes of Federal 
fiscal and contractual requirements. Funds available for a project 
for which such a guarantee has been accepted may be obligated 
and expended for the project without regard to whether the total 
amount of the funds and other resources available for the project 
(not taking into account the amount of the guarantee) is sufficient 
to pay for completion of the project. 
113 STAT. 876 
PUBLIC LAW 106-65—OCT. 5, 1999 
"(c) NOTICE OF PROPOSED ACCEPTANCE.—The Secretsiry of the 
Air Force may not accept a quaUfied guarantee under this section 
for the completion of a major project until after the expiration 
of 30 days following the date upon which a report of the facts 
concerning the proposed guarantee is submitted to Congress. 
"(d) PROHIBITION ON COMMINGLING OF FUNDS.—'fiie Secretary 
of the Air Force may not enter into smy contract or other transaction 
involving the use of a qualified guarantee and appropriated funds 
in the same contract or transaction. 
"(e) DEFINITIONS.—In this section: 
"(1) MAJOR PROJECT.—The term 'major project' means a 
project for the purchase or other procurement of real or personal 
property, or for the construction, renovation, or repair of real 
or personal property, the total cost of which is, or is estimated 
to be, at least $1,000,000. 
"(2) QUALIFIED GUARANTEE.—The term 'qualified guar-
antee', with respect to a major project, means a guarantee 
that— 
"(A) is made by one or more persons in connection 
with a donation, specifically for the project, of a total 
amount in cash or securities that, as determined by the 
Secretary of the Air Force, is sufficient to defray a substan-
tial portion of the total cost of the project; 
"(B) is made to facilitate or expedite the completion 
of the project in reasonable anticipation that other donors 
will contribute sufficient funds or other resources in 
amounts sufficient to pay for completion of the project; 
"(C) is set forth as a written agreement that provides 
for the donor to furnish in cash or securities, in addition 
to the donor's other gift or gifts for the project, any addi-
tional amount that may become necessary for pa)dng the 
cost of completing the project by reason of a failure to 
obtain fi-om other donors or sources funds or other 
resources in amounts sufficient to pay the cost of com-
pleting the project; and 
"(D) is accompanied by— 
"(i) an irrevocable and unconditional standby letter 
of credit for the benefit of the Academy that is in 
the amount of the guarantee and is issued by a major 
United States commercial bank; or 
"(ii) a qualified account control agreement. 
"(3) QUALIFIED ACCOUNT CONTROL AGREEMENT.—^The term 
'qualified account control agreement', with respect to a guar-
antee of a donor, means an agreement among the donor, the 
Secretary of the Air Force, and a major United States invest-
ment management firm that— 
"(A) ensures the availability of sufficient funds or other 
financial resources to pay the amount guaranteed during 
the period of the guarantee; 
"(B) provides for the perfection of a security interest 
in the assets of the account for the United States for 
the benefit of the Academy with the highest priority avail-
able for liens and security interests under applicable law; 
"(C) requires the donor to maintain in an accoimt 
with the investment management firm assets having a 
total value that is not less than 130 percent of the amount 
guaranteed; and 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 877 
"(D) requires the investment management firm, at any 
time that the value of the account is less than the value 
required to be maintained under subparagraph (C), to liq-
uidate any noncash assets in the account and reinvest 
the proceeds in Treasury bills issued under section 3104 
of title 31. 
"(4) MAJOR UNITED STATES COMMERCIAL BANK.—The term 
'major United States commercial bank' means a commercial 
bank that— 
"(A) is an insured bank (as defined in section 3 of 
the Federal Deposit Insurance Act (12 U.S.C. 1813)); 
"(B) is headquartered in the United States; and 
"(C) has net assets in a total amount considered by 
the Secretary of the Air Force to qualify the bank as 
a major bank. 
"(5) 
MAJOR 
UNITED STATES INVESTMENT MANAGEMENT 
FIRM.—The term 'major United States investment management 
firm' means any broker, dealer, investment adviser, or provider 
of investment supervisory services (as defined in section 3 
of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or 
section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 
80b-2) or a major United States commercial bank that— 
"(A) is headquartered in the United States; and 
"(B) holds for the account of others investment assets 
in a total amount considered by the Secretary of the Air 
Force to qualify the firm as a major investment manage-
ment firm.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 9355 
the following new item: 
"9356. Acceptance of guarantees with gifts for major projects.". 
SEC. 2872. ACQUISITION OF STATE-HELD INHOLDINGS, EAST RANGE 
OF FORT HUACHUCA, ARIZONA. 
(a) ACQUISITION AUTHORIZED.—(1) The Secretary of the Interior 
may acquire by eminent domain, but with the consent of the State 
of Arizona, all right, title, and interest (including any mineral 
rights) of the State of Arizona in and to unimproved Arizona State 
trust lands consisting of approximately 1,536.47 acres in the Fort 
Huachuca East Range, Cochise County, Arizona. 
(2) The Secretary may also acquire by eminent domain, but 
with the consent of the State of Arizona, any trust mineral estate 
of the State of Arizona located beneath the surface estates of the 
United States in one or more parcels of lemd consisting of approxi-
mately 12,943 acres in the Fort Huachuca East Range, Cochise 
County, Arizona. 
(b) CONSIDERATION.—(1) Subject to subsection (c), as consider-
ation for the acquisition by the United States of Arizona State 
trust lands and mineral interests under subsection (a), the Sec-
retary, acting through the Bureau of Land Management, may 
convey to the State of Arizona all right, title, and interest of 
the United States, or some lesser interest, in one or more parcels 
of Federal land under the jurisdiction of the Bureau of Land 
Management in the State of Arizona. 
(2) The lands or interests in land to be conveyed under this 
subsection shall be mutually agreed upon by the Secretary and 
the State of Arizona, as provided in subsection (c)(1). 
113 STAT. 878 
PUBLIC LAW 106-65—OCT. 5, 1999 
(3) The value of the lands conveyed out of Federal ownership 
under this subsection either shall be equal to the value of the 
lands and mineral interests received by the United States under 
subsection (a) or, if not, shall be equalized by a pa3nnent made 
by the Secretary or the State of Arizona, as necessary. 
(c) CONDITIONS ON CONVEYANCE TO STATE.—The Secretary may 
make the conveyance described in subsection (b) only if— 
(1) the transfer of the Federal lands to the State of Arizona 
is acceptable to the State Land Commissioner; and 
(2) the conveyance of lands and interests in lands under 
subsection (b) is accepted by the State of Arizona as full consid-
eration for the land and mineral rights acquired by the United 
States under subsection (a) and terminates all right, title, and 
interest of all parties (other than the United States) in and 
to the acquired lands and mineral rights. 
(d) USE OF EMINENT DOMAIN.—The Secretary may acquire the 
State lands and mineral rights under subsection (a) pursuant to 
the laws and regulations governing eminent domain. 
(e) DETERMINATION OF FAIR MARKET VALUE.—Notwithstanding 
any other provision of law, the value of lands and interests in 
lands acquired or conveyed by the United States under this section 
shall be determined in accordance with the Uniform Appraisal 
Standards for Federal Land Acquisition, as published by the Depart-
ment of Justice in 1992. The appraisal shall be subject to the 
review and acceptance by the Land Department of the State of 
Arizona and the Bureau of Land Management. 
(f) DESCRIPTIONS OF LAND.—The exact acreage and legal 
descriptions of the lands and interests in leinds acquired or conveyed 
by the United States under this section shall be determined by 
surveys that are satisfactory to the Secretary of the Interior and 
the State of Arizona. 
(g) WITHDRAWAL OF ACQUIRED LANDS FOR MILITARY PUR-
POSES.—^After acquisition, the lands acquired by the United States 
under subsection (a) may be withdrawn and reserved, in accordance 
with all applicable environmental laws, for use by the Secretary 
of the Army for military training and testing in the same manner 
as other Federal lands located in the Fort Huachuca East Range 
that were withdrawn and reserved for Army use through Public 
Land Order 1471 of 1957. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Interior may require such additional terms and conditions in connec-
tion with the conveyance and acquisition of lands and interests 
in land under this section as the Secretary considers appropriate 
to protect the interests of the United States and any valid existing 
rights. 
(i) COST REIMBURSEMENT.—^All costs associated with the proc-
essing of the acquisition of State trust lands and mineral interests 
under subsection (a) and the conveyance of public lands under 
subsection (b) shall be borne by the Secretary of the Army. 
SEC. 2873. ENHANCEMENT OF PENTAGON RENOVATION ACTIVITIES. 
(a) RENOVATION ENHANCEMENTS.—^The Secretary of Defense, 
in conjunction with the Pentagon Renovation Program, may design 
and construct secure secretarial office and support facilities and 
make security-related enhancements to the bus and subway station 
entrance at the Pentagon Reservation. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 879 
(b) REPORT REQUIRED.—As part of the report required under 
section 2674(a) of title 10, United States Code, in 2000, the Sec-
retary of Defense shall include the estimated cost for the plsinning, 
design, construction, and installation of equipment for the enhance-
ments authorized by subsection (a) and a revised estimate for 
the total cost of the renovation of the Pentagon Reservation. 
Subtitle F—Expansion of Arlington 
National Cemetery 
SEC. 2881. TRANSFER FROM NAVY ANNEX, ARLINGTON, VIRGINIA. 
(a) LAND TRANSFER REQUIRED.—The Secretary of Defense shall 
provide for the transfer to the Secretary of the Army of administra-
tive jurisdiction over three parcels of real property consisting of 
approximately 36 acres and known as the Navy Annex (in this 
section referred to as the "Navy Annex property"). 
(b) USE OF LAND.—(1) Subject to paragraph (2), the Secretary 
of the Army shall incorporate the Navy Annex property transferred 
under subsection (a) into Arlington National Cemetery. 
(2) The Secretary of Defense may reserve not to exceed 10 
acres of the Navy Annex property (of which not more than six 
acres may be north of the existing Columbia Pike) as a site for— 
(A) a National Military Museum, if such site is rec-
ommended for such purpose by the Commission on the National 
Military Museum established under section 2901; and 
(B) such other memorials that the Secretary of Defense 
considers compatible with Arlington National Cemetery. 
(c) REMEDIATION OF LAND FOR CEMETERY USE.—Immediately 
after the transfer of administrative jurisdiction over the Navy Annex 
property, the Secretary of Defense shall provide for the removal 
of any improvements on that property £md shall prepare the prop-
erty for use as a part of Arlington National Cemetery. 
(d) ESTABLISHMENT OF MASTER PLAN.—(1) The Secretary of 
Defense shall establish a master plan for the use of the Navy 
Annex property transferred under subsection (a). 
(2) The master plan shall take into account (A) the report 
submitted by the Secretary of the Army on the expansion of 
Arlington National Cemetery required at page 787 of the Joint 
Explanatory Statement of the Committee of Conference to accom-
pany the bill H.R. 3616 of the One Hundred Fifth Congress (House 
Report 105-436 of the 105th Congress), and (B) the recommendation 
(if any) of the Commission on the National Military Museum to 
use a portion of the Navy Annex property as the site for the 
National Military Museum. 
(3) The master plan shall be established in consultation with 
the National Capital Planning Commission and only after coordina-
tion with appropriate officials of the Commonwealth of Virginia 
and of the County of Arlington, Virginia, with respect to matters 
pertaining to real property under the jurisdiction of those officials 
located in or adjacent to the Navy Annex property, including assess-
ments of the effects on transportation, infrastructure, and utilities 
in that county by reason of the proposed uses of the Navy Annex 
property under subsection (b). 
(4) Not later than 180 days after the date on which the Commis- Deadline, 
sion on the National Military Museum submits to Congress its 
113 STAT. 880 
PUBLIC LAW 106-65—OCT. 5, 1999 
report under section 2903, the Secretary of Defense shall submit 
to Congress the master plan established under this subsection. 
(e) IMPLEMENTATION OF MASTER PLAN.—The Secretary of 
Defense may implement the provisions of the master plan at any 
time after the Secretary submits the master plan to Congress. 
(f) LEGAL DESCRIPTION.—In conjunction with the development 
of the master plan required by subsection (d), the Secretary of 
Defense shall determine the exact acreage and legal description 
of the portion of the Navy Annex property reserved under subsection 
(b)(2) and of the portion transferred under subsection (a) for incorpo-
ration into Arlington National Cemetery. 
Deadline. 
(g) REPORTS.—(1) Not later than 90 days after the date of 
the enactment of this Act, the Secretary of the Army shall submit 
to the Secretary of Defense a copy of the report to Congress on 
the expansion of Arlington National Cemetery required at page 
787 of the Joint Explanatory Statement of the Committee of Con-
ference to accompany the bill H.R. 3616 of the One Hundred Fifth 
Congress (House Report 105-736 of the 105th Congress). 
(2) The Secretary of Defense shall include a description of 
the use of the Navy Annex property transferred under subsection 
(a) in the annual report to Congress under section 2674(a)(2) of 
title 10, United States Code, on the state of the renovation of 
the Pentagon Reservation. 
(h) DEADLINE.—The Secretary of Defense shall complete the 
transfer of administrative jurisdiction required by subsection (a) 
not later than the earlier o
f
— 
(1) January 1, 2010; or 
(2) the date when the Navy Annex property is no longer 
required (as determined by the Secretary) for use as temporary 
office space due to the renovation of the Pentagon. 
SEC. 2882. TRANSFER FROM FORT MYER, ARLINGTON, VIRGINIA. 
(a) LAND TRANSFER REQUIRED.—The Secretary of the Army 
shall modify the boundaries of Arlington National Cemetery and 
of Fort Myer to include in Arlington National Cemetery the fol-
lowing parcels of real property situated in Fort Myer, Arlington, 
Virginia: 
(1) A parcel comprising approximately five acres bounded 
by the Fort Myer Post Traditional Chapel to the southwest, 
McNair Road to the northwest, the Vehicle Maintenance Com-
plex to the northeast, and the masonry wall of Arlington 
National Cemetery to the southeast. 
(2) A parcel comprising approximately three acres bounded 
by the Vehicle Maintenance Complex to the southwest, Jackson 
Avenue to the northwest, the water pumping station to the 
northeast, and the masonry wall of Arlington National Ceme-
tery to the southeast. 
(b) LEGAL DESCRIPTION.—The exact acreage and legal descrip-
tion of the real property to be transferred under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. 
TITLE XXrX—COMMISSION ON 
NATIONAL MILITARY MUSEUM 
Sec. 2901. Establishment. 
Sec. 2902. Duties of Commission. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 881 
Sec. 2903. Report. 
Sec. 2904. Powers. 
Sec. 2905. Commission procedures. 
Sec. 2906. Personnel matters. 
Sec. 2907. Miscellaneous administrative provisions. 
Sec. 2908. Funding. 
Sec. 2909. Termination of Commission. 
SEC. 2901. ESTABLISHMENT. 
10 USC 111 note. 
(a) ESTABLISHMENT.—There is hereby estabhshed a commission 
to be known as the "Commission on the National MiHtary Museum" 
(in this title referred to as the "Commission"). 
(b) COMPOSITION.—(1) The Commission shall be composed of 
11 voting members appointed from among individuals who have 
an expertise in military or museum matters as follows: 
(A) Five shall be appointed by the President. 
(B) Two shall be appointed by the Speaker of the House 
of Representatives, in consultation with the chairman of the 
Committee on Armed Services of the House of Representatives. 
(C) One shall be appointed by the minority leader of the 
House of Representatives, in consultation with the ranking 
member of the Committee on Armed Services of the House 
of Representatives. 
(D) Two shall be appointed by the majority leader of the 
Senate, in consultation with the chairman of the Committee 
on Armed Services of the Senate. 
(E) One shall be appointed by the minority leader of the 
Senate, in consultation with the ranking member of the Com-
mittee on Armed Services of the Senate. 
(2) The following shall be nonvoting members of the Commis-
sion: 
(A) The Secretary of Defense. 
(B) The Secretary of the Army. 
(C) The Secretary of the Navy. 
(D) The Secretary of the Air Force. 
(E) The Secretary of Transportation. 
(F) The Secretary of the Smithsonian Institution. 
(G) The Chairman of the National Capital Planning 
Commission. 
(H) The Chairperson of the Commission of Fine Arts. 
(c) CHAIRMAN.—The President shall designate one of the President, 
individuals first appointed to the Commission under subsection 
(b)(1)(A) as the chairman of the Commission. 
(d) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall be filled in the same manner as the original 
appointment. 
(e) INITIAL ORGANIZATION REQUIREMENTS.—(1) All appoint- Deadline, 
ments to the Commission shall be made not later than 90 days 
after the date of the enactment of this Act. 
(2) The Commission shall convene its first meeting not later 
than 60 days after the date as of which all members of the Commis-
sion have been appointed. 
SEC. 2902. DUTIES OF COMMISSION. 
lOUSClllnote. 
(a) STUDY OF NATIONAL MILITARY MUSEUM.—The Commission 
shall conduct a study in order to make recommendations to Con-
gress regarding an authorization for the construction of a national 
military museum in the National Capital Area. 
113 STAT. 882 
PUBLIC LAW 106-65—OCT. 5, 1999 
(b) STUDY ELEMENTS.—In conducting the study, the Commis-
sion shall do the following: 
(1) Determine whether existing military museums, historic 
sites, and memorials in the United States are adequate— 
(A) to provide in a cost-effective manner for display 
of, and interaction with, adequately visited and adequately 
preserved artifacts £ind representations of the Armed 
Forces and of the wars in which the United States has 
been engaged; 
(B) to honor the service to the United States of the 
active and reserve members of the Armed Forces and the 
veterans of the United States; 
(C) to educate current and future generations regarding 
the Armed Forces and the sacrifices of members of the 
Armed Forces and the Nation in furtherance of the defense 
of freedom; and 
(D) to foster public pride in the achievements and 
activities of the Armed Forces. 
(2) Determine whether adequate inventories of artifacts 
and representations of the Armed Forces and of the wars in 
which the United States has been engaged are available, either 
in current inventories or in private or public collections, for 
loan or other provision to a national military museum. 
(3) Develop preliminary proposals for— 
(A) the dimensions and design of a national military 
museum in the National Capital Area; 
(B) the location of the museum in that Area; and 
(C) the approximate cost of the final design and 
construction of the museum and of the costs of operating 
the museum, 
(c) ADDITIONAL DUTIES.—If the Commission determines to rec-
ommend that Congress authorize the construction of a national 
military museum in the National Capital Area, the Commission 
shall also, as a part of the study under subsection (a), do the 
following: 
(1) Recommend not fewer than three sites for the museum 
ranked by preference. 
(2) Propose a schedule for construction of the museum. 
(3) Assess the potential effects of the museum' on the 
environment, facilities, and roadways in the vicinity of the 
site or sites where the museum is proposed to be located. 
(4) Recommend the percentages of funding for the museum 
to be provided by the United States, State and local govern-
ments, and private sources, respectively. 
(5) Assess the potential for fundraising for the museum 
during the 20-year period following the authorization of 
construction of the museum. 
(6) Assess and recommend various governing structures 
for the museum, including a governing structure that places 
the museum within the Smithsonian Institution. 
(d) REQUIREMENTS FOR LOCATION ON NAVY ANNEX PROPERTY.— 
In the case of a recommendation under subsection (c)(1) to authorize 
construction of a national military museum on the Navy Annex 
property authorized for reservation for such purpose by section 
2871(b), the design of the national military museum on such prop-
erty shall be subject to the following requirements: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 883 
(1) The design shall be prepared in consultation with the 
Superintendent of Arlington National Cemetery. 
(2) The design may not provide for access by vehicles to 
the national military museum through Arlington National 
Cemetery. 
SEC. 2903. REPORT. 
10 USC 111 note. 
The Commission shall, not later than 12 months after the 
date of its first meeting, submit to Congress a report on its findings 
and conclusions under this title, including any recommendations 
under section 2902. 
SEC. 2904. POWERS. 
10 USC 111 note. 
(a) HEARINGS.—The Commission or, at its direction, any panel 
or member of the Commission, may, for the purpose of carrying 
out the provisions of this title, hold hearings, sit and act at times 
and places, take testimony, receive evidence, and administer oaths 
to the extent that the Commission or any panel or member considers 
advisable. 
(b) INFORMATION.—The Commission may secure directly from 
the Department of Defense and any other Federal department or 
agency information that the Commission considers necessary to 
enable the Commission to carry out its responsibilities under this 
title. 
SEC. 2905. COMMISSION PROCEDURES. 
10 USC 111 note. 
(a) MEETINGS.—The Commission shall meet at the call of the 
chairman. 
(b) QUORUM.—(1) Six of the members appointed under section 
2901(b)(1) shall constitute a quorum other than for the purpose 
of holding hearings. 
(2) The Commission shall act by resolution agreed to by a 
majority of the members of the Commission. 
(c) COMMISSION.—The Commission may establish panels com-
posed of less than full membership of the Commission for the 
purpose of carrying out the Commission's duties. The actions of 
each such panel shall be subject to the review and control of 
the Commission. Any findings and determinations made by such 
a panel shall not be considered the findings and determinations 
of the Commission unless approved by the Commission. 
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.— 
Any member or agent of the Commission may, if authorized by 
the Commission, take any action which the Commission is author-
ized to take under this title. 
SEC. 2906. PERSONNEL MATTERS. 
10 USC 111 note. 
(a) PAY OF MEMBERS.—Members of the Commission appointed 
under section 2901(b)(1) shall serve without pay by reason of their 
work on the Commission. 
(b) TRAVEL EXPENSES.—The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission. 
(c) STAFF.—(1) The chairman of the Commission may, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, appoint a staff director 
113 STAT. 884 
PUBLIC LAW 106-65—OCT. 5, 1999 
and such additional personnel as may be necessary to enable the 
Commission to perform its duties. The appointment of a staff 
director shall be subject to the approval of the Commission. 
(2) The chairman of the Commission may fix the pay of the 
staff director and other personnel without regard to the provisions 
of chapter 51 £ind subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and General 
Schedule pay rates, except that the rate of pay fixed under this 
paragraph for the staff director may not exceed the rate payable 
for level V of the Executive Schedule under section 5316 of such 
title and the rate of pay for other personnel may not exceed the 
maximum rate payable for grade GS-15 of the General Schedule. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the 
chairman of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any personnel 
of that department or agency to the Commission to assist it in 
carrying out its duties. 
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—The chairman of the Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay payable for level V 
of the Executive Schedule under section 5316 of such title. 
10 u s e 111 note. 
SEC. 2907. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. 
(a) POSTAL AND PRINTING SERVICES.—The Commission may 
use the United States mails and obtain printing and binding serv-
ices in the same manner and under the same conditions as other 
departments and agencies of the United States. 
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.— 
The Secretary of Defense shall furnish the Commission, on a 
reimbursable basis, any administrative and support 
services 
requested by the Commission. 
10 u s e 111 note. 
S E C 2908. FUNDING. 
(a) IN GENERAL.—Funds for activities of the Commission shall 
be provided from amounts appropriated for the Department of 
Defense for operation and maintenance for Defense-wide activities 
for fiscal year 2000. 
(b) REQUEST.—Upon receipt of a written certification from the 
chairman of the Commission specifying the funds required for the 
activities of the Commission, the Secretary of Defense shall 
promptly disburse to the Commission, from such amounts, the 
funds required by the Commission as stated in such certification. 
(c) AVAILABILITY OF CERTAIN FUNDS.—Of the funds available 
for activities of the Commission under this section, $2,000,000 shall 
be available for the activities, if any, of the Commission under 
section 2902(c). 
10 u s e 111 note. 
SEC. 2909. TERMINATION OF COMMISSION. 
The Commission shall terminate 60 days after the date of 
the submission of its report under section 2903. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 885 
TITLE XXX—MILITARY LAND 
Military Lands 
WITHDRAWALS 
S r ^ ^ ^'^^ 
Sec. 3001. Short title. 
Subtitle A—Withdrawals Grenerally 
Sec. 3011. Withdrawals. 
Sec. 3012. Maps and legal descriptions. 
Sec. 3013. Termination of withdrawals in Military Lands Withdrawal Act of 1986. 
Sec. 3014. Management of lands. 
Sec. 3015. Duration of withdrawal and reservation. 
Sec. 3016. Extension of initial withdrawal and reservation. 
Sec. 3017. Ongoing decontamination. 
Sec. 3018. Delegation. 
Sec. 3019. Water rights. 
Sec. 3020. Hunting, fishing, and trapping. 
Sec. 3021. Mining and mineral leasing. 
Sec. 3022. Use of mineral materials. 
Sec. 3023. Immunity of United States. 
Subtitle B—Withdrawals in Arizona 
Sec. 3031. Barry M. Goldwater Range, Arizona. 
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and Cabeza 
Prieta Wilderness. 
Sec. 3033. Maps and legal description. 
Sec. 3034. Water rights. 
Sec. 3035. Hunting, fishing, and trapping. 
Sec. 3036. Use of mineral materials. 
Sec. 3037. Immunity of United States. 
Subtitle C—^Authorization of Appropriations 
Sec. 3041. Authorization of appropriations. 
SEC. 3001. SHORT TITLE. 
This title may be cited as the "Mihtary Lands Withdrawal 
Act of 1999". 
Subtitle A—^Withdrawals Generally 
SEC. 3011. WITHDRAWALS. 
(a) NAVAL AIR STATION FALLON RANGES, NEVADA.— 
(1) WITHDRAWAL AND RESERVATION.—(A) Subject to valid 
existing rights and except as otherwise provided in this subtitle, 
the lands estabUshed at the B-16, B-17, B-19, and B-20 
Ranges, as referred to in paragraph (2), and all other areas 
within the boundary of such lands as depicted on the map 
referred to in such paragraph which may become subject to 
the operation of the public land laws, are hereby withdrawn 
from all forms of appropriation under the public land laws, 
including the mining laws and the mineral leasing and geo-
thermal leasing laws. 
(B) The Isinds and interests in lands within the boundaries 
established at the Dixie Valley Training Area, as referred to 
in paragraph (2), are hereby withdrawn from all forms of appro-
priation under the public land laws, including the mining laws 
and geothermal leasing laws, but not the mineral leasing laws. 
(C) The lands withdrawn by subparagraphs (A) and (B) 
are reserved for use by the Secretary of the Navy for— 
(i) testing and trsdning for aerial bombing, missile 
firing, and tactical maneuvering and air support; and 
113 STAT. 886 
PUBLIC LAW 106-65—OCT. 5, 1999 
(ii) other defense-related purposes consistent with the 
purposes specified in this subparagraph. 
(2) LAND DESCRIPTION.—The pubHc lands and interests in 
lands withdrawn and reserved by this subsection comprise 
approximately 204,953 acres of land in Churchill County, 
Nevada, as generally depicted as "Proposed Withdrawal Lsind" 
and "Existing Withdrawals" on the map entitled "Naval Air 
Station Fallon Ranges—Proposed Withdrawal of Public Leinds 
for Range Safety and Training Purposes", dated May 25, 1999, 
and filed in accordance with section 3012. 
(3) RELATIONSHIP TO OTHER RESERVATIONS.— 
(A) B-16 RANGE.—To the extent the withdrawal and 
reservation made by paragraph (1) for the B-16 Range 
withdraws lands currently withdrawn £uid reserved for use 
by the Bureau of Reclamation, the reservation made by 
that paragraph shall be the primary reservation for public 
safety management actions only, and the existing Bureau 
of Reclamation reservation shall be the primary reservation 
for all other management actions. 
(B) SHOAL SITE.—The Secretary of Energy shall remain 
responsible and liable for the subsurface estate £ind all 
its activities at the "Shoal Site" withdrawn and reserved 
by Public Land Order Number 2771, as amended by Public 
Land Order Number 2834. The Secretary of the Navy shall 
be responsible for the management and use of the surface 
estate at the "Shoal Site" pursuant to the withdrawal and 
reservation made by paragraph (1). 
Effective date. 
(4) WATER RIGHTS.— Effective as of the date of the enact-
ment of this Act, the Secretary of the Navy shall ensure that 
the Navy complies with the portion of the memorandum of 
understanding between the Department of the Navy and the 
United States Fish and Wildlife Service dated July 26, 1995, 
requiring the Navy to limit water rights to the maximum 
extent practicable, consistent with safety of operations, for 
Naval Air Station Fallon, Nevada, currently not more than 
4,402 acre-feet of water per year, 
(b) NELLIS AIR FORCE RANGE, NEVADA.— 
(1) DEPARTMENT OF AIR FORCE.—Subject to valid existing 
rights and except as otherwise provided in this subtitle, the 
public lands described in paragraph (4) are hereby withdrawn 
from all forms of appropriation under the public land laws, 
including the mining laws and the mineral leasing and geo-
thermal leasing laws. Such lands are reserved for use by the 
Secretary of the Air Force— 
(A) as an armament and high hazard testing area; 
(B) for training for aerial gunnery, rocketry, electronic 
warfare, and tactical maneuvering and air support; 
(C) for equipment £uid tactics development and testing; 
and 
(D) for other defense-related purposes consistent with 
the purposes specified in this paragraph. 
(2) DEPARTMENT OF ENERGY.— 
(A) REVOCATION.—Public Land Order Number 1662, 
published in the Federal Register on June 26, 1958, is 
hereby revoked in its entirety. 
(B) WITHDRAWAL.—Subject to valid existing rights, all 
lands within the boundary of the area labeled "Pahute 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 887 
Mesa" as generally depicted on the map referred to in 
paragraph (4) are hereby withdrawn from all forms of 
appropriation under the public land laws, including the 
mining laws and the mineral leasing and geothermal 
leasing laws. 
(C) 
RESERVATION.—The 
lands 
withdrawn 
under 
subparagraph (B) are reserved for use by the Secretary 
of Energy as an integral part of the Nevada Test Site. 
Other provisions of this subtitle do not apply to the land 
withdrawn and reserved under this paragraph, except as 
provided in section 3017. 
(3) DEPARTMENT OF INTERIOR.—Notwithstanding the Desert 
National Wildlife Refuge withdrawal and reservation made by 
Executive Order No. 7373, dated May 20, 1936, as amended 
by Public Land Order Number 4079, dated August 26, 1966, 
and Pubhc Land Order Number 7070, dated August 4, 1994, 
the lands depicted as impact areas on the map referred to 
in paragraph (4) are, upon completion of the transfers author-
ized in paragraph (5)(F)(ii), transferred to the primary jurisdic-
tion of the Secretary of the Air Force, who shall manage the 
lands in accordance with the memorandum of understanding 
referred to in paragraph (5)(E). The Secretary of the Interior 
shall retain secondary jurisdiction over the lands for wildlife 
conservation purposes. 
(4) LAND DESCRIPTION.—^The public lands and interests in 
lands withdrawn and reserved by paragraphs (1) and (2) com-
prise approximately 2,919,890 acres of land in Clark, Lincoln, 
and Nye Counties, Nevada, as generally depicted on the map 
entitled "Nevada Test and Training Range, Proposed With-
drawal Extension", dated April 22, 1999, and filed in accordance 
with section 3012. 
(5) DESERT NATIONAL WILDLIFE REFUGE.— 
(A) MANAGEMENT.—During the period of withdrawal 
and reservation of lands by this subtitle, the Secretary 
of the Interior shall exercise administrative jurisdiction 
over the Desert National Wildlife Refuge (except for the 
lands referred to in this subsection) through the United 
States Fish and Wildlife Service in accordeince with the 
National Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd et seq.), this subtitle, and other 
laws applicable to the National Wildlife Refuge System. 
(B) USE OF MINERAL MATERIALS.—Notwithstanding any 
other provision of this subtitle or the Act of July 31, 1947 
(commonly known as the Materials Act of 1947; 30 U.S.C. 
601 et seq.), no mineral material resources may be obtained 
fi*om the parts of the Desert National Wildlife Refuge that 
are not depicted as impact areas on the map referred 
to in paragraph (4), except in accordance with the proce-
dures set forth in the memorandum of understanding 
referred to in subparagraph (E). 
(C) ACCESS RESTRICTIONS.—If the Secretary of the Air 
Force determines that military operations, public safety, 
or national security require the closure to the public of 
any road, trail, or other portion of the Desert National 
Wildlife Refuge that is withdrawn by this subtitle, the 
Secretary of the Interior shall take action to effect and 
maintain such closure, including agreeing to amend the 
113 STAT. 888 
PUBLIC LAW 106-65—OCT. 5, 1999 
memorandum of understanding referred to in subparagraph 
(E) to establish new or enhanced surface safety zones. 
(D) EFFECT OF SUBTITLE.—Neither the withdrawal 
under paragraph (1) nor any other provision of this subtitle, 
except this subsection and subsections (a) and (b) of section 
3014, shall be construed to effect the following: 
(i) The National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd et seq.) or any 
other law related to management of the National Wild-
life Refuge System. 
(ii) Any Executive order or public land order in 
effect on the date of the enactment of this Act with 
respect to the Desert National Wildlife Refuge. 
(iii) Any memorandum of understanding between 
the Secretary of the Interior and the Secretary of the 
Air Force concerning the joint use of lands withdrawn 
for use by the Air Force within the external boundaries 
of the Desert National Wildlife Refuge, except to the 
extent the provisions of such memorandum of imder-
standing are inconsistent with the provisions of this 
subtitle, in which case such memorandum of under-
standing shall be reviewed and amended to conform 
to the provisions of this title not later than 120 days 
after the date of the enactment of this Act. 
(E) MEMORANDUM OF UNDERSTANDING.—(i) The Sec-
retary of the Interior, in coordination with the Secretary 
of the Air Force, shall manage the portion of the Desert 
National Wildlife Refuge withdrawn by this subtitle, except 
for the lands referred to in paragraph (3), for the purposes 
for which the refuge was established, and to support cur-
rent and future military aviation training needs consistent 
with the current memorandum of understanding between 
the Department of the Air Force and the Department of 
the Interior, including any extension or other amendment 
of such memorandum of understanding as provided under 
this subparagraph. 
(ii) As part of the review of the existing memorandum 
of understanding provided for in this paragraph, the Sec-
retary of the Interior and the Secretary of the Air Force 
shall extend the memorandum of understanding for a 
period that coincides with the duration of the withdrawal 
of the lands constituting Nellis Air Force Range under 
this subtitle. 
(iii) Nothing in this paragraph shall be construed as 
prohibiting the Secretary of the Interior and the Secretary 
of the Air Force from revising the memorandum of imder-
standing at any future time should they mutually agree 
to do so. 
Effective date. 
(iv) Amendments to the memorandum of understanding 
shall take effect 90 days after the date on which the Sec-
retary of the Interior submits notice of such amendments 
to the Committees on Environment and Public Works, 
Energy and Natural Resources, and Armed Services of 
the Senate and the Committees on Resources and Armed 
Services of the House of Representatives. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 889 
(F) ACQUISITION OF REPLACEMENT PROPERTY.—(i) In 
addition to any other amounts authorized to be appro-
priated by section 3041, there are hereby authorized to 
be appropriated to the Secretary of the Air Force such 
sums as may be necessary for the replacement of National 
Wildlife Refiige System lands in Nevada covered by this 
subsection. 
(ii) The Secretary of the Air Force may, using funds 
appropriated pursuant to the authorization of appropria-
tions in clause (i) to— 
(I) acquire lands, waters, or interests in lands or 
waters in Nevada pursuant to clause (i) which are 
acceptable to the Secretary of the Interior, and transfer 
such lands to the Secretary of the Interior; or 
(II) transfer such funds to the Secretary of the 
Interior for the purpose of acquiring such lands. 
(iii) The transfers authorized by clause (ii) shall be 
deemed complete upon written notification fi-om the Sec-
retary of the Interior to the Secretary of the Air Force 
that lands, or funds, equal to the amount appropriated 
pursuant to the authorization of appropriations in clause 
(i) have been received by the Secretary of the Interior 
from the Secretary of the Air Force. 
(c) FORT GREELY AND FORT WAINWRIGHT TRAINING RANGES, 
ALASKA.— 
(1) WITHDRAWAL AND RESERVATION.—Subject to valid 
existing rights and except as otherwise provided in this subtitle, 
all lands and interests in lands within the boundaries estab-
lished at the Fort Greely East and West Training Ranges 
and the Yukon Training Range of Fort Wainwright, as referred 
to in paragraph (2), are hereby withdrawn from all forms of 
appropriation under the public land laws, including the mining 
laws and the mineral leasing and geothermal leasing laws. 
Such lands are reserved for use by the Secretary of the Army 
for— 
(A) military maneuvering, training, and equipment 
development and testing; 
(B) training for aerial gunnery, rocketry, electronic 
warfare, and tactical maneuvering and air support; and 
(C) other defense-related purposes consistent with the 
purposes specified in this paragraph. 
(2) LAND DESCRIPTION.—The public lands and interests in 
lands withdrawn and reserved by this subsection comprise 
approximately 869,862 acres of land in the Fairbanks North 
Star Borough and the Unorganized Borough, Alaska, as gen-
erally depicted on the map entitled "Fort Wainwright and Fort 
Greely Regional Context Map", dated June 3, 1987, and filed 
in accordance with section 3012. 
(d) MCGREGOR RANGE, FORT BLISS, NEW MEXICO.— 
(1) WITHDRAWAL AND RESERVATION.—Subject to valid 
existing rights and except as otherwise provided in this subtitle, 
all lands and interests in lands within the boundaries estab-
lished at the McGregor Range of Fort Bliss, as referred to 
in paragraph (2), are hereby withdrawn from all forms of appro-
priation under the public land laws, including the mining laws 
and the mineral leasing and geothermal leasing laws. Such 
lands are reserved for use by the Secretary of the Army for— 
113 STAT. 890 
PUBLIC LAW 106-65—OCT. 5, 1999 
(A) military maneuvering, training, and equipment 
development and testing; 
(B) training for aerial gunnery, rocketry, electronic 
warfare, and tactical memeuvering and air support associ-
ated with the Air Force Tactical Target Complex; and 
(C) other defense-related purposes consistent with the 
purposes specified in this paragraph. 
(2) LAND DESCRIPTION.—The public lands and interests in 
lands withdrawn and reserved by this subsection comprise 
608,385 acres of land in Otero County, New Mexico, as generally 
depicted on the map entitled "McGregor Range Withdrawal", 
dated June 3, 1999, and filed in accordance with section 3012. 
SEC. 3012. MAPS AND LEGAL DESCRIPTIONS. 
(a) PUBLICATION AND FILING.—As soon as practicable after the 
date of the enactment of this Act, the Secretary of the Interior 
shall— 
Federal Register, 
(1) publish in the Federal Register a notice containing 
publication. 
the legal description of the lands withdrawn and reserved by 
this subtitle; and 
(2) file maps and the legal descriptions of the lands with-
drawn and reserved by this subtitle with the Committee on 
Energy and Natural Resources of the Senate and the Committee 
on Resources of the House of Representatives. 
(b) TECHNICAL CORRECTIONS.—Such maps and legal descrip-
tions shall have the same force and effect as if included in this 
subtitle, except that the Secretary of the Interior may correct cler-
ical and typographical errors in such maps £ind legal descriptions. 
(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of such maps 
and legal descriptions shall be available for public inspection in 
the offices of the Director and appropriate State Directors and 
field office managers of the Bureau of Land Management, the 
office of the commander. Naval Air Station Fallon, Nevada, the 
offices of the Director and appropriate Regional Directors of the 
United States Fish and Wildlife Service, the office of the com-
mander, Nellis Air Force Base, Nevada, the office of the commander, 
Fort Bliss, Texas, the office of the commander. Fort Greely, Alaska, 
the office of the commander, Fort Wainwright, Alaska, and the 
Office of the Secretary of Defense. 
(d) REIMBURSEMENT.—The Secretary of Defense shall reimburse 
the Secretary of the Interior for any costs incurred by the Secretary 
of the Interior in implementing this section. 
SEC. 3013. TERMINATION OF WITHDRAWALS IN MILITARY LANDS 
WITHDRAWAL ACT OF 1986. 
Except as otherwise provided in this title, the withdrawals 
made by the Military Lands Withdrawal Act of 1986 (Public Law 
99-606) shall terminate after November 6, 2001. 
SEC. 3014. MANAGEMENT OF LANDS. 
(a) MANAGEMENT BY SECRETARY OF INTERIOR.— 
(1) APPLICABLE LAW.—During the period of the withdrawal 
of lands under this subtitle, the Secretary of the Interior shall 
manage the lands withdrawn by section 3011 pursuant to the 
Federal Land PoHcy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), other applicable law, and this subtitle. The Sec-
retary shall manage the lands within the Desert National Wild-
life Refuge in accordance with the National Wildlife Refuge 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 891 
System Administration Act of 1966 (16 U.S.C. 668dd et seq.) 
and other applicable law. No provision of this subtitle, except 
sections 3011(b)(5)(D), 3020, and 3021, shall apply to the 
management of the Desert National Wildlife Refuge. 
(2) ACTIVITIES AUTHORIZED.—TO the extent consistent with 
applicable law and Executive orders, the lands withdrawn by 
section 3011 may be managed in a manner permitting— 
(A) the continuation of grazing where permitted on 
the date of the enactment of this Act; 
(B) the protection of wildlife and wildlife habitat; 
(C) the control of predatory and other animals; 
(D) recreation; and 
(E) the prevention and appropriate suppression of 
brush and range fires resulting from nonmilitary activities. 
(3) NONMILITARY USES.— 
(A) IN GENERAL.—All nonmilitary use of the lands 
referred to in paragraph (2), other than the uses described 
in that paragraph, shall be subject to such conditions and 
restrictions as may be necessary to permit the military 
use of such lands for the purposes specified in or authorized 
pursuant to this subtitle. 
(B) LEASES, EASEMENTS, AND RIGHTS-OF-WAY.—The Sec-
retary of the Interior may issue a lease, easement, right-
of-way, or other authorization with respect to the non-
military use of lands referred to in paragraph (2) only 
with the concurrence of the Secretary of the military 
department concerned. 
(b) CLOSURE TO PUBLIC— 
(1) IN GENERAL.—If the Secretary of the military depart-
ment concerned determines that military operations, public 
safety, or national security require the closure to public use 
of any road, trail, or other portion of lands withdrawn by 
this subtitle, that Secretary may take such action as that 
Secretary determines necessary or desirable to effect and main-
t£dn such closure. 
(2) LIMITATIONS.—Any closure under paragraph (1) shall 
be limited to the minimum areas and periods which the Sec-
retary of the military department concerned determines are 
required to carry out this subsection. 
(3) NOTICE.—Before and during any closure under this 
subsection, the Secretary of the military department concerned 
shall— 
(A) keep appropriate warning notices posted; and 
(B) take appropriate steps to notify the public con-
cerning such closure. 
(c) MANAGEMENT PLAN.—The Secretary of the Interior, after 
consultation with the Secretary of the military department con-
cerned, shall develop a plan for the management of each area 
withdrawn by section 3011 during the period of withdrawal under 
this subtitle. Each plan shall— 
(1) be consistent with applicable law; 
(2) be subject to the conditions and restrictions specified 
in subsection (a)(3); 
(3) include such provisions as may be necessary for proper 
management and protection of the resources and values of 
such area; and 
113 STAT. 892 
PUBLIC LAW 106-65—OCT. 5, 1999 
(4) be developed not later than two years after the date 
of the enactment of this Act. 
(d) BRUSH AND RANGE FIRES.— 
(1) IN GENERAL.—The Secretary of the military department 
concerned shall take necessary precautions to prevent and sup-
press brush and range fires occurring within and outside lands 
withdrawn by section 3011 as a result of military activities 
and may seek assistance from the Bureau of Land Management 
in the suppression of such fires. 
(2) ASSISTANCE.—Each memorandum of understanding 
required by subsection (e) shall— 
(A) require the Bureau of Land Management to provide 
assistance in the suppression of fires under paragraph 
(1) upon the request of the Secretary of the military depart-
ment concerned; and 
(B) provide for a transfer of funds from the military 
department concerned to the Bureau of Land Management 
as compensation for any assistance so provided. 
(e) MEMORANDUM OF UNDERSTANDING.— 
(1) REQUIREMENT.—The Secretary of the Interior and the 
Secretary of the military department concerned shall, with 
respect to each lands withdrawn by section 3011, enter into 
a memorandum of understanding to implement the manage-
ment plan for such lands under subsection (c). 
(2) DURATION.—The duration of any memorandum of 
understanding for lands withdrawn by section 3011 shall be 
the same as the period of the withdrawal of such lands under 
this subtitle. 
(f) ADDITIONAL MILITARY USES.— 
(1) IN GENERAL.—Lands withdrawn by section 3011 (except 
lands within the Desert National Wildlife Refuge) may be used 
for defense-related purposes other than those specified in the 
applicable provisions of such section. 
(2) NOTICE.—The Secretary of Defense shall promptly notify 
the Secretary of the Interior in the event that lands withdrawn 
by this subtitle will be used for defense-related purposes other 
than those specified in the applicable provisions of section 
3011. 
(3) CONTENTS OF NOTICE.—A notice under paragraph (2) 
shall indicate the additional use or uses involved, the proposed 
duration of such use or uses, and the extent to which such 
use or uses will require that additional or more stringent condi-
tions or restrictions be imposed on otherwise permitted non-
military uses of the lands concerned, or portions thereof. 
SEC. 3015. DURATION OF WITHDRAWAL AND RESERVATION. 
(a) GENERAL TERMINATION DATE.—The withdrawal and reserva-
tion of lands by section 3011 shall terminate 25 years after 
November 6, 2001, except as otherwise provided in this subtitle 
and except for the withdrawals provided for under subsections 
(a) and (b) of section 3011 which shall terminate 20 years after 
November 6, 2001. 
(b) COMMENCEMENT DATE FOR CERTAIN LANDS.—As to the lands 
withdrawn for military purposes by section 3011, but not withdrawn 
for military purposes by section 1 of the Military Lands Withdrawal 
Act of 1986 (Public Law 99-606), the withdrawal of such lands 
shall become effective on the date of the enactment of this Act. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 893 
(c) OPENING DATE.—On the date of the termination of the Federal Register, 
withdrawal and reservation of lands under this subtitle, such lands publication, 
shall not be open to siny form of appropriation under the public 
land laws, including the mineral laws and the mineral leasing 
and geothermal leasing laws, until the Secretary of the Interior 
publishes in the Federal Register an appropriate order stating 
the date upon which such lands shall be restored to the public 
domain and opened. 
SEC. 3016. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION. 
(a) IN GENERAL.—Not later than three years before the termi-
nation date of the initial withdrawal smd reservation of lands under 
this subtitle, the Secretary of the military department concerned 
shall notify Congress and the Secretary of the Interior concerning 
whether the military department will have a continuing military 
need after such termination date for all or any portion of such 
lands. 
(b) DUTIES REGARDING CONTINUING MILITARY NEED.— 
(1) IN GENERAL.—If the Secretary of the military depart-
ment concerned determines that there will be a continuing 
military need for any lands withdrawn by this subtitle, the 
Secretary of the military department concerned shall— 
(A) consult with the Secretary of the Interior con-
cerning any adjustments to be made to the extent of, or 
to the allocation of management responsibility for, such 
lands; and 
(B) file with the Secretary of the Interior, within one 
year after the notice required by subsection (a), an applica-
tion for extension of the withdrawal and reservation of 
such lands. 
(2) APPLICATION FOR EXTENSION.—Notwithstanding any 
general procedure of the Department of the Interior for proc-
essing Federal land withdrawals, an application for extension 
under paragraph (1) shall be considered complete if the applica-
tion includes the following: 
(A) The information required by section 3 of the Engle 
Act (43 U.S.C. 157), except that no information shall be 
required concerning the use or development of mineral, 
timber, or grazing resources unless, and to the extent, 
the Secretary of the military department concerned pro-
poses to use or develop such resources during the period 
of extension. 
(B) A copy of the most recent report prepared in accord-
ance with the Sikes Act (16 U.S.C. 670 et seq.). 
(c) LEGISLATIVE PROPOSALS.—The Secretary of the Interior and 
the Secretary of the military department concerned shall ensure 
that any legislative proposal for the extension of the withdrawal 
and reservation of lands under this subtitle is submitted to Congress 
not later than May 1 of the year preceding the year in which 
the withdrawal and reservation of such lands would otherwise 
terminate under this subtitle. 
(d) NOTICE OF INTENT REGARDING RELINQUISHMENT.—If during 
the period of the withdrawal and reservation of lands under this 
subtitle, the Secretary of the military department concerned decides 
to relinquish all or any of the lands withdrawn and reserved by 
section 3011, such Secretaiy shall transmit a notice of intent to 
relinquish such lands to the Secretary of the Interior. 
113 STAT. 894 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 3017. ONGOING DECONTAMINATION. 
(a) PROGRAM.—Throughout the duration of the withdrawal of 
lands under this subtitle, the Secretary of the military department 
concerned shall, to the extent funds are available for such purpose, 
maintain a program of decontamination of such lands consistent 
with applicable Federal and State law. 
(b) REPORTS.— 
Deadline. 
(1) REQUIREMENT.—Not later than 45 days after the date 
on which the President transmits to Congress the President's 
proposed budget for any fiscal year beginning after the date 
of the enactment of this Act, the Secretary of each military 
department shall transmit to the Committees on Appropria-
tions, Armed Services, and Energy and Natural Resources of 
the Senate and the Committees on Appropriations, Armed Serv-
ices, and Resources of the House of Representatives a descrip-
tion of the decontamination efforts undertaken on lands under 
this subtitle under the jurisdiction of such Secretary during 
the previous fiscal year and the decontamination activities pro-
posed to be undertaken on such lands during the next fiscal 
year. 
(2) REPORT ELEMENTS.—Each report shall specify the fol-
lowing: 
(A) Amounts appropriated and obligated or expended 
for decontamination of such lands. 
(B) The methods used to decontaminate such lands. 
(C) The amounts and tjqjes of decontaminants removed 
fi'om such lands. 
(D) The estimated t3^es and amounts of residual 
contamination on such lands. 
(E) An estimate of the costs for fiill decontamination 
of such lands and the estimate of the time to complete 
such decontamination. 
(C) DECONTAMINATION BEFORE RELINQUISHMENT.— 
(1) DUTIES BEFORE NOTICE OF INTENT TO RELINQUISH.— 
Before transmitting a notice of intent to relinquish lands under 
section 3016(d), the Secretary of Defense, acting through the 
Secretary of the military department concerned, shall prepare 
a written determination concerning whether and to what extent 
such lands are contaminated with explosive, toxic, or other 
hazardous materials. 
(2) DETERMINATION ACCOMPANIES NOTICE.—A copy of any 
determination prepared with respect to lands under paragraph 
(1) shall be transmitted together with the notice of intent 
to relinquish such lands under section 3016(d). 
Federal Register, 
(3) PUBLICATION OF NOTICE AND DETERMINATION.—The Sec-
publication. 
retary of the Interior shall publish in the Federal Register 
a copy of any notice of intent to relinquish and determination 
concerning the contaminated state of the lands that is trans-
mitted under this subsection. 
(d) ALTERNATIVES TO DECONTAMINATION BEFORE RELINQUISH-
MENT.—If the Secretary of the Interior, after consultation with 
the Secretary of the military department concerned, determines 
that decontamination of any land which is the subject of a notice 
of intent to relinquish under section 3016(d) is not practicable 
or economically feasible, or that such land cannot be decontaminated 
sufficiently to be opened to the operation of some or all of the 
public land laws, or if Congress does not appropriate sufficient 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 895 
funds for the decontamination of such land, the Secretary of the 
Interior shall not be required to accept such land for relinquishment. 
(e) STATUS OF CONTAMINATED LANDS.—If because of their 
contaminated state the Secretary of the Interior declines to accept 
jurisdiction over lands withdrawn by this subtitle which have been 
proposed for relinquishment, or if at the expiration of the with-
drawal of such lands by this subtitle the Secretary of the Interior 
determines that some of such lands are contaminated to an extent 
which prevents opening such lands to operation of the public land 
laws— 
(1) the Secretary of the military department concerned 
shall take appropriate steps to warn the public of the contami-
nated state of such lands and any risks associated with entry 
onto such lands; 
(2) after the expiration of the withdrawal of such lands 
under this subtitle, the Secretary of the military department 
concerned shall undertake no activities on such lands except 
in connection with decontamination of such lands; and 
(3) the Secretary of the military department concerned 
shall submit to the Secretary of the Interior and Congress 
a report on the status of such lands and all actions taken 
under this subsection. 
(f) REVOCATION AUTHORITY.— 
(1) AUTHORITY.—Notwithstanding any other provision of 
law, the Secretary of the Interior, upon deciding that it is 
in the public interest to accept jurisdiction over lands proposed 
for relinquishment under section 3016(d), may revoke the with-
drawal and reservation of lands under this subtitle as it applies 
to such leinds. 
(2) ORDER.—Should a decision be made to revoke the with- Federal Register, 
drawal and reservation of lands under paragraph (1), the Sec- publiaition. 
retary of the Interior shall publish in the Federal Register 
an appropriate order which shall— 
(A) terminate the withdrawal and reservation of such 
lands under this subtitle; 
(B) constitute official acceptance of full jurisdiction over 
such lands by the Secretary of the Interior; and 
(C) state the date on which such lands will be opened 
to the operation of some or all of the public leinds laws, 
including the mining laws. 
SEC. 3018. DELEGATION. 
(a) MILITARY DEPARTMENTS.—The functions of the Secretary 
of Defense, or of the Secretary of a military department, under 
this subtitle may be delegated. 
(b) DEPARTMENT OF INTERIOR.—The functions of the Secretary 
of the Interior under this subtitle may be delegated, except that 
an order described in section 3017(f)(2) may be approved and signed 
only by the Secretary of the Interior, the Under Secretary of the 
Interior, or an Assistant Secretary of the Interior. 
SEC. 3019. WATER RIGHTS. 
Nothing in this subtitle shall be construed to establish a res-
ervation to the United States with respect to any water or water 
right on lands covered by section 3011. No provision of this subtitle 
shall be construed as authorizing the appropriation of water on 
lands covered by section 3011 by the United States after the date 
of the enactment of this Act, except in accordance with the law 
113 STAT. 896 
PUBLIC LAW 106-65—OCT. 5, 1999 
Federal Register, 
publication. 
Federal Register, 
publication. 
of the State in which such lands are located. This section shall 
not be construed to affect water rights acquired by the United 
States before the date of the enactment of this Act. 
SEC. 3020. HUNTING, FISHING, AND TRAPPING. 
All hunting, fishing, and trapping on lands withdrawn by this 
subtitle shall be conducted in accordance with the provisions of 
section 2671 of title 10, United States Code, except that hunting, 
fishing, and trapping within the Desert National Wildlife Refuge 
shall be conducted in accordance with the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the 
Recreation Use of Wildlife Areas Act of 1969 (16 U.S.C. 460k 
et seq.), and other laws applicable to the National Wildlife Refuge 
System. 
SEC. 3021. MINING AND MINERAL LEASING. 
(a) DETERMINATION OF LANDS SUITABLE FOR OPENING.— 
(1) DETERMINATION.—^As soon as practicable afl;er the date 
of the enactment of this Act and at least every five years 
thereafter, the Secretary of the Interior shall determine, with 
the concurrence of the Secretary of the military department 
concerned, which public and acquired lands covered by section 
3011 the Secretary of the Interior considers suitable for opening 
to the operation of the Mining Law of 1872, the Mineral Lands 
Leasing Act of 1920, the Mineral Leasing Act for Acquired 
Lands of 1947, the Geothermal Steam Act of 1970, or any 
one or more of such Acts. 
(2) EXCEPTIONS.—The Secretary of the Interior may not 
make any determination otherwise required under paragraph 
(1) with respect to lands contained within the Desert National 
Wildlife Refuge in Nevada. 
(3) NOTICE.—The Secretary of the Interior shall publish 
a notice in the Federal Register listing the lands determined 
suitable for opening under this subsection and specifying the 
opening date for such lands. 
(b) OPENING LANDS.—On the date specified by the Secretary 
of the Interior in a notice published in the Federal Register under 
subsection (a), the land identified under that subsection as suitable 
for opening to the operation of one or more of the laws specified 
in that subsection shall automatically be open to the operation 
of such laws without the necessity for further action by the Sec-
retary or Congress. 
(c) EXCEPTION FOR COMMON VARIETIES.—NO deposit of minerals 
or materials of the types identified by section 3 of the Act of 
July 23, 1955 (69 Stat. 367), whether or not included in the term 
"common varieties" in that Act, shall be subject to location under 
the Mining Law of 1872 on lands covered by section 3011. 
(d) REGULATIONS.—The Secretary of the Interior, with the 
advice and concurrence of the Secretary of the military department 
concerned, shall prescribe such regulations to carry out this section 
as may be necessary to assure safe, uninterrupted, and unimpeded 
use of the lands covered by section 3011 for military purposes. 
Such regulations shall also contain guidelines to assist mining 
claimants in determining how much, if any, of the surface of any 
lands opened pursuant to this section may be used for purposes 
incident to mining. 
(e) CLOSURE OF MINING LANDS.—In the event of a national 
emergency or for purposes of national defense or security, the 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 897 
Secretary of the Interior, at the request of the Secretary of the 
military department concerned, shall close any lands that have 
been opened to mining or to mineral or geothermal leasing pursuant 
to this section. 
(f) LAWS GOVERNING MINING ON WITHDRAWN LANDS.— 
(1) IN GENERAL.—Except as otherwise provided in this sub-
title, mining claims located pursuant to this subtitle shall be 
subject to the provisions of the mining laws. In the event 
of a conflict between such laws and this subtitle, this subtitle 
shall prevail. 
(2) REGULATION UNDER FLPMA.—Any mining claim located 
under this subtitle shall be subject to the provisions of the 
Federal Land PoUcy and Management Act of 1976 (43 U.S.C. 
1701 et seq.). 
(g) PATENTS.— 
(1) IN GENERAL.—Patents issued pursuant to this subtitle 
for locatable minerals shall convey title to locatable minerals 
only, together with the right to use so much of the surface 
as may be necessary for purposes incident to mining under 
the guidelines for such use established by the Secretary of 
the Interior by regulation. 
(2) RESERVATION.—^All patents referred to in paragraph 
(1) shall contain a reservation to the United States of the 
surface of all lands patented and of all nonlocatable minerals 
on such lands. 
(3) LOCATABLE MINERALS.—For purposes of this subsection, 
all minerals subject to location tmder the Mining Law of 1872 
are referred to as "locatable minerals". 
SEC. 3022. USE OF MINERAL MATERIALS. 
Notwithstanding any other provision of this subtitle (except 
as provided in section 3011(b)(5)(B)), or the Act of July 31, 1947 
(commonly known as the Materials Act of 1947; 30 U.S.C. 601 
et seq.), the Secretary of the military department concerned may 
use sand, gravel, or similar mineral material resources of the type 
subject to disposition under that Act from lands withdrawn and 
reserved by this subtitle if use of such resources is required for 
construction needs on such lands. 
SEC. 3023. IMMUNITY OF UNITED STATES. 
The United States and all departments or agencies thereof 
shall be held harmless and shall not be liable for any injuries 
or damages to persons or property suffered in the course of any 
mining or mineral or geothermal leasing activity conducted on 
lands covered by section 3011. 
Subtitle B—^Withdrawals in Arizona 
SEC. 3031. BARRY M. GOLDWATER RANGE, ARIZONA. 
(a) WITHDRAWAL AND RESERVATION.— 
(1) WITHDRAWAL.—Subject to valid existing rights and 
except as otherwise provided in this title, all lands and interests 
in lands within the boundaries established at the Barry M. 
Goldwater Range, referred to in paragraph (3), are hereby 
withdrawn from all forms of appropriation under the general 
land laws, including the mining laws and the mineral leasing 
and geothermal leasing laws, and jurisdiction over such lands 
113 STAT. 898 
PUBLIC LAW 106-65—OCT. 5, 1999 
and interests in lands is hereby transferred to the Secretary 
of the Navy and the Secretary of the Air Force. 
(2) RESERVATION.—The lands withdrawn by paragraph (1) 
for the Barry M. Goldwater Range—East are reserved for use 
by the Secretary of the Air Force, and for the Barry M. Gold-
water Range—West are reserved for use by the Secretary of 
the Navy, for— 
(A) an armament and high-hazard testing area; 
(B) training for aerial gunnery, rocketry, electronic 
warfare, and tactical maneuvering and air support; 
(C) equipment and tactics development and testing; 
and 
(D) other defense-related purposes consistent with the 
purposes specified in this paragraph. 
(3) LAND DESCRIPTION.—The public lands and interests in 
lands withdrawn and reserved by this subsection comprise 
approximately 1,650,200 acres of land in Maricopa, Pima, and 
Yuma Counties, Arizona, as generally depicted on the map 
entitled "Barry M. Goldwater Range Land Withdrawal", dated 
June 17, 1999, and filed in accordance with section 3033. 
(4) TERMINATION OF CURRENT WITHDRAWAL.—Except as 
otherwise provided in section 3032, as to the lands withdrawn 
by section 1(c) of the Military Lands Withdrawal Act of 1986 
(Public Law 99-606), but not withdrawn for military purposes 
by this section, the withdrawal of such lands imder that Act 
shall not terminate until after November 6, 2001, or until 
the relinquishment by the Secretary of the Air Force of such 
lands is accepted by the Secretary of the Interior. The with-
drawal under that Act with respect to the Cabeza Prieta 
National Wildlife Refuge shall terminate on the date of the 
enactment of this Act. 
(5) CHANGES IN USE.—The Secretary of the Navy and the 
Secretary of the Air Force shall consult with the Secretary 
of the Interior before using the lands withdrawn and reserved 
by this section for any purpose other than the purposes specified 
in paragraph (2). 
(6) INDIAN TRIBES.—Nothing in this section shall be con-
strued as altering any rights reserved for Indians by treaty 
or Federal law. 
(7) STUDY.—(A) The Secretary of the Interior, in coordina-
tioi^ with the Secretary of Defense, shall conduct a study of 
the lands referred to in subparagraph (C) that have important 
aboriginal, cultural, environmental, or archaeological signifi-
cance in order to determine the appropriate method to manage 
and protect such lands following relinquishment of such lands 
by the Secretary of the Air Force. The study shall consider 
whether such lands can be better managed by the Federal 
Government or through conveyance of such lands to another 
appropriate entity. 
(B) In carrying out the study required by subparagraph 
(A), the Secretary of the Interior shall work with the affected 
tribes and other Federal and State agencies having experience 
and knowledge of the matters covered by the study, including 
all applicable laws relating to the management of the resources 
referred to in subparagraph (A) on the lands referred to in 
that subparagraph. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 899 
(C) The lands referred to in subparagraph (A) are four 
tracts of land currently included within the military land with-
drawal for the Barry M. Goldwater Air Force Range in the 
State of Arizona, but that have been identified by the Air 
Force as unnecessary for military purposes in the Air Force's 
Draft Legislative Environmental Impact Statement, dated Sep-
tember 1998, and are depicted in figure 2-1 at page 2-7 of 
such statement, as amended by figure A at page 177 of volume 
2 of the Air Force's Final Legislative Environmental Impact 
Statement, dated March 1999, as the following: 
(i) Area 1 (the Sand Tank Mountains) containing 
approximately 83,554 acres. 
(ii) Area 9 (the Sentinel Plain) containing approxi-
mately 24,756 acres. 
(iii) Area 13 (lands surrounding the Ajo Airport) con-
taining approximately 2,779 acres. 
(iv) Interstate 8 Vicinity Non-renewal Area containing 
approximately 1,090 acres. 
(D) Not later than one year after the date of the enactment Deadline, 
of this Act, the Secretary of the Interior shall submit to Con-
gress a report containing the results of the study required 
by subparagraph (A). 
(b) MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.— 
(1) GENERAL MANAGEMENT AUTHORITY.—(A) During the 
period of the withdrawal and reservation of lands by this sec-
tion, the Secretary of the Navy and the Secretary of the Air 
Force shall manage the lands withdrawn and reserved by this 
section for the military purposes specified in this section, and 
in accordance with the integrated natural resource management 
plan prepared pursuant to paragraph (3). 
(B) Responsibility for the natural and cultural resources 
management of the lands referred to in subparagraph (A), 
and the enforcement of Federal laws related thereto, shall 
not transfer under that subparagraph before the earlier of— 
(i) the date on which the integrated natural resources 
management plan required by paragraph (3) is completed; 
or 
(ii) November 6, 2001. 
(C) The Secretary of the Interior may, if appropriate, 
transfer responsibility for the natural and cultural resources 
of the lands referred to in subparagraph (A) to the Department 
of the Interior pursuant to paragraph (7). 
(2) ACCESS RESTRICTIONS.—(A) If the Secretary of the Navy 
or the Secretary of the Air Force determines that military 
operations, public safety, or national security require the clo-
sure to the public of any road, trail, or other portion of lands 
withdrawn and reserved by this section, the Secretary of the 
Navy or the Secretary of the Air Force may take such action 
as the Secretary of the Navy or the Secretary of the Air Force 
determines necessary or desirable to effect and maintain such 
closure. 
(B) Any closure under this paragraph shall be limited to 
the minimum areas £ind periods that the Secretary of the 
Navy or the Secretary of the Air Force determines are required 
for the purposes specified in subparagraph (A). 
(C) Before any nonemergency closure under this paragraph 
not specified in the integrated natural resources management 
113 STAT. 900 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
plan required by paragraph (3), the Secretary of the Navy 
or the Secretary of the Air Force shall consult with the Sec-
retary of the Interior and, where such closure may affect tribal 
lands, treaty rights, or sacred sites, the Secretary of the Navy 
or the Secretary of the Air Force shall consult, at the earliest 
practicable time, with affected Indian tribes. 
(D) Immediately before and during any closure under this 
paragraph, the Secretary of the Navy or the Secretary of the 
Air Force shall post appropriate warning notices and take other 
steps, as necessary, to notify the public of such closure. 
(3) INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.— 
(A) Not later than two years after the date of the enactment 
of this Act, the Secretary of the Navy, the Secretary of the 
Air Force, and the Secretary of the Interior shall jointly prepare 
an integrated natural resources management plan for the lands 
withdrawn and reserved by this section. 
(B) The Secretary of the Navy and the Secretary of the 
Interior may jointly prepare a separate plan pursuant to this 
paragraph. 
(C) Any disagreement concerning the contents of a plan 
under this paragraph, or any subsequent amendments to the 
plan, shall be resolved by the Secretary of the Navy for the 
West Range and the Secretary of the Air Force for the East 
Range, after consultation with the Secretary of the Interior 
through the State Director, Bureau of Land Management and, 
as appropriate, the Regional Director, United States Fish and 
Wildlife Service. This authority may be delegated to the 
installation commanders. 
(D) Any plan under this paragraph shall be prepared and 
implemented in accordance with the Sikes Act (16 tJ.S.C. 670 
et seq.) and the requirements of this section. 
(E) A plan under this paragraph for lands withdrawn £ind 
reserved by this section shall— 
(i) include provisions for proper management and 
protection of the natural and cultural resources of such 
lands, and for sustainable use by the public of such 
resources to the extent consistent with the military pur-
poses for which such lands are withdrawn and reserved 
by this section; 
(ii) be developed in consultation with affected Indian 
tribes and include provisions that address how the Sec-
retary of the Navy and the Secretary of the Air Force 
intend to— 
(I) meet the trust responsibilities of the United 
States with respect to Indian tribes, lands, and rights 
reserved by treaty or Federal law affected by the with-
drawal and reservation; 
(II) allow access to and ceremonial use of sacred 
sites to the extent consistent with the military purposes 
for which such lands are withdrawn and reserved; 
and 
(III) provide for timely consultation with affected 
Indian tribes; 
(iii) provide that any hunting, fishing, and trapping 
on such lands be conducted in accordance with the provi-
sions of section 2671 of title 10, United States Code; 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 901 
(iv) provide for continued livestock grazing and agricul-
tural out-leasing where it currently exists in accordance 
with the provisions of section 2667 of title 10, United 
States Code, and at the discretion of the Secretary of the 
Navy or the Secretary of the Air Force, as the case may 
be; 
(v) identify current test and target impact areas and 
related buffer or safety zones; 
(vi) provide that the Secretary of the Navy and the 
Secretary of the Air Force— 
(I) shall take necessary actions to prevent, sup-
press, and manage brush and range fires occurring 
within the boundaries of the Barry M. Goldwater 
Range, as well as brush and range fires occurring 
outside the boundaries of the Barry M. Goldwater 
Range resulting from military activities; and 
(II) may obligate funds appropriated or otherwise 
available to the Secretaries to enter into memoranda 
of understanding, and cooperative agreements that 
shall reimburse the Secret£iry of the Interior for costs 
incurred under this clause; 
(vii) provide that all gates, fences, and barriers con-
structed on such lands after the date of the enactment 
of this Act be designed and erected to allow wildlife access, 
to the extent practicable and consistent with military secu-
rity, safety, and sound wildlife management use; 
(viii) incorporate any existing management plans per-
taining to such lands, to the extent that the Secretary 
of the Navy, the Secretary of the Air Force, and the Sec-
retary of the Interior, upon reviewing such plans, mutually 
determine that incorporation of such plans into a plan 
under this paragraph is appropriate; 
(ix) include procedures to ensure that the periodic 
reviews of the plan under the Sikes Act are conducted 
jointly by the Secretary of the Navy, the Secretary of the 
Air Force, and the Secretary of the Interior, and that 
affected States and Indian tribes, and the public, are pro-
vided a meaningful opportunity to comment upon any 
substantial revisions to the plan that may be proposed; 
and 
(x) provide procedures to amend the plan as necessary. 
(4) 
MEMORANDA OF UNDERSTANDING AND 
COOPERATIVE 
AGREEMENTS.—(A) The Secretary of the Navy and the Secretary 
of the Air Force may enter into memoranda of understanding 
or cooperative agreements with the Secretary of the Interior 
or other appropriate Federal, State, or local agencies, Indian 
tribes, or other public or private organizations or institutions 
for purposes of implementing an integrated natural resources 
management plan prepared under paragraph (3). 
(B) Any memorandum of understanding or cooperative 
agreement under subparagraph (A) affecting integrated natural 
resources management may be combined, where appropriate, 
with any other memorandum of understanding or cooperative 
agreement entered into under this subtitle, and shall not be 
subject to the provisions of chapter 63 of title 31, United States 
Code. 
113 STAT. 902 
PUBLIC LAW 106-65—OCT. 5, 1999 
Federal Register, 
publication. 
Deadline. 
(5) PUBLIC REPORTS.—(A)(i) Concurrent with each review 
of the integrated natural resources management plan under 
paragraph (3) pursuant to subparagraph (E)(ix) of that para-
graph, the Secretary of the Navy, the Secretary of the Air 
Force, and the Secretary of the Interior shall jointly prepare 
and issue a report describing changes in the condition of the 
lands withdrawn and reserved by this section from the later 
of the date of any previous report under this paragraph or 
the date of the environmental impact statement prepared to 
support this section. 
(ii) Any report under clause (i) shall include a summary 
of current military use of the lands referred to in that clause, 
any changes in military use of the lands since the previous 
report, and efforts related to the management of natural and 
cultural resources and environmental remediation of the lands 
during the previous five years. 
(iii) Any report under this subparagraph may be combined 
with any report required by the Sikes Act. 
(iv) Any disagreements concerning the contents of a report 
under this subparagraph shall be resolved by the Secretary 
of the Navy and the Secretary of the Air Force. This authority 
may be delegated to the installation commanders. 
(B)(i) Before the finalization of any report under this para-
graph, the Secretary of the Navy, the Secretary of the Air 
Force, and the Secretary of the Interior shall invite interested 
members of the public to review and comment on the report, 
and shall hold at least one public meeting concerning the report 
in a location or locations reasonably accessible to persons who 
may be affected by management of the lands addressed by 
the report. 
(ii) Each public meeting under clause (i) shall be announced 
not less than 15 days before the date of the meeting by 
advertisements in local newspapers of general circulation, 
publication of an announcement in the Federal Register, and 
any other means considered necessary. 
(C) The final version of any report under this paragraph 
shall be made available to the public and submitted to appro-
priate committees of Congress. 
(6) INTERGOVERNMENTAL EXECUTIVE COMMITTEE.—(A) Not 
later than two years after the date of the enactment of this 
Act, the Secretary of the Navy, the Secretary of the Air Force, 
and the Secretary of the Interior shall, by memorandum of 
luiderstanding, establish an intergovernmental executive com-
mittee comprised of selected representatives from interested 
Federal agencies, as well as at least one elected officer (or 
other authorized representative) from State government and 
at least one elected officer (or other authorized representative) 
from each local and tribal government as may be designated 
at the discretion of the Secretary of the Navy, the Secretary 
of the Air Force, and the Secretary of the Interior. 
(B) The intergovernmental executive committee shall be 
established solely for the purpose of exchanging views, informa-
tion, and advice relating to the management of the natural 
and cultural resources of the lands withdrawn and reserved 
by this section. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 903 
(C) The intergovernmental executive committee shall 
operate in accordance with the terms set forth in the memo-
rsindum of understanding under subparagraph (A), which shall 
specify the Federal agencies and elected officers or representa-
tives of State, local, and tribal governments to be invited to 
participate. 
(D) The memorandum of understanding under subpara-
graph (A) shall establish procedures for creating a forum for 
exchanging views, information, and advice relating to the 
management of natural smd cultural resources on the lands 
concerned, procedures for rotating the chair of the intergovern-
mental executive committee, and procedures for scheduling reg-
ular meetings. 
(E) The Secretary of the Navy and the Secretary of 
the Air Force shall, in consultation with the Secretary of the 
Interior, appoint an individual to serve as coordinator of the 
intergovernmental executive committee. The duties of the 
coordinator shall be included in the memorandum of under-
standing under subparagraph (A). The coordinator shall not 
be a member of the committee. 
(7) TRANSFER OF MANAGEMENT RESPONSIBILITY.—(A)(i) If 
the Secretary of the Interior determines that the Secretary 
of the Navy or the Secretary of the Air Force has failed to 
manage lands withdrawn and reserved by this section for mili-
tary purposes in accordance with the integrated natural 
resource management plan for such lands under paragraph 
(3), and that failure to do so is resulting in significant and 
verifiable degradation of the natural or cultural resources of 
such lands, the Secretary of the Interior shall give the Secretary 
of the Navy or the Secretary of the Air Force, as the case 
may be, written notice of such determination, a description 
of the deficiencies in management practices by the Secretary 
of the Navy or the Secretary of the Air Force, as the case 
may be, and an explanation of the methodology employed in 
reaching the determination. 
(ii) Not later than 60 days after the date a notification 
Deadline, 
under clause (i) is received, the Secretary of the Navy or the 
Secretary of the Air Force, as the case may be, shall submit 
a response to the Secretary of the Interior, which response 
may include a plan of action for addressing any deficiencies 
identified in the notice in the conduct of management responsi-
bility and for preventing further significant degradation of the 
natural or cultural resources of the lands concerned. 
(iii) If, not earlier than three months after the date a 
notification under clause (i) is received, the Secretary of the 
Interior determines that deficiencies identified in the notice 
are not being corrected, and that significant and verifiable 
degradation of the natural or cultural resources of the Ismds 
concerned is continuing, the Secretary of the Interior may, 
not earlier than 90 days after the date on which the Secretary 
of the Interior submits to the committees referred to in section 
3032(d)(3) notice and a report on the determination, transfer 
management responsibility for the natural gmd cultural 
resources of such lands from the Secretary of the Navy or 
the Secretary of the Air Force, as the case may be, to the 
Secretary of the Interior in accordance with a schedule for 
such transfer established by the Secretary of the Interior. 
113 STAT. 904 
PUBLIC LAW 106-65—OCT. 5, 1999 
(B) After a transfer of management responsibility pursuant 
to subparagraph (A), the Secretary of the Interior may transfer 
msinagement responsibihty back to the Secretary of the Navy 
or the Secretary of the Air Force if the Secretary of the Interior 
determines that adequate procedures and plans have been 
established to ensure that the lands concerned will be ade-
quately managed by the Secretary of the Navy or the Secretary 
of the Air Force, as the case may be, in accordance with the 
integrated natural resources management plan for such lands 
under paragraph (3). 
(C) For any period during which the Secretary of the 
Interior has management responsibility under this paragraph 
for lands withdrawn and reserved by this section, the integrated 
natural resources management plan for such leinds under para-
graph (3), including any amendments to the plan, shall remain 
in effect, pending the development of a management plan pre-
pared pursuant to the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.), in cooperation with the 
Secretary of the Navy or the Secretary of the Air Force. 
(D) Assumption by the Secretary of the Interior pursuant 
to this paragraph of management responsibility for the natural 
and cultural resources of lands shall not affect the use of 
such lands for military purposes, and the Secretary of the 
Navy or the Secretary of the Air Force, as the case may be, 
shall continue to direct military activities on such lands. 
(8) PAYMENT FOR SERVICES.—The Secretary of the Navy 
and the Secretary of the Air Force shall assume all costs 
for implementation of an integrated natural resources manage-
ment plan under paragraph (3), including pa5anent to the Sec-
retary of the Interior under section 1535 of title 31, United 
States Code, for any costs the Secretary of the Interior incurs 
in providing goods or services to assist the Secretary of the 
Navy or the Secretary of the Air Force, as the case may be, 
in the implementation of the integrated natural resources 
management plan. 
(9) DEFINITIONS.—In this subsection: 
(A) The term "Indian tribe" means an Indian or Alaska 
Native tribe, band, nation, pueblo, village, or community 
that the Secretary of the Interior acknowledges to exist 
as an Indian tribe pursuant to the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C. 479 et seq.). 
(B) The term "sacred site" means any specific, discrete, 
narrowly delineated location on Federal land that is identi-
fied by an Indian tribe, or its designee, as sacred by virtue 
of its established religious significance to, or ceremonial 
use by, an Indian religion, but only to the extent that 
the tribe or its designee, has informed the Secretary of 
the Navy or the Secretary of the Air Force of the existence 
of such site. Neither the Secretary of the Department of 
Defense, the Secretary of the Navy, the Secretary of the 
Air Force, nor the Secretary of the Interior shall be required 
under section 552 of title 5, United States Code, to make 
available to the public any information concerning the loca-
tion, character, or use of any traditional Indian religious 
or sacred site located on lands withdrawn and reserved 
by this subsection. 
(c) ENVIRONMENTAL REQUIREMENTS.— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 905 
(1) DURING WITHDRAWAL AND RESERVATION.—Throughout 
the duration of the withdrawal and reservation of lands by 
this section, including the duration of any renewal or extension, 
£ind with respect both to the activities undertaken by the Sec-
retary of the Navy and the Secretary of the Air Force on 
such leinds and to all activities occurring on such lands during 
such times as the Secretary of the Navy and the Secretary 
of the Air Force may exercise management jurisdiction over 
such lands, the Secretary of the Navy and the Secretary of 
the Air Force shall— 
(A) be responsible for and pay all costs related to 
the compliance of the Department of the Navy or the 
Department of the Air Force, as the case may be, with 
applicable Federal, State, and local environmental laws, 
regulations, rules, and standards; 
(B) carry out and maintain in accordance with the 
requirements of all regulations, rules, and standards issued 
by the Department of Defense pursuant to chapter 160 
of title 10, United States Code, relating to the Defense 
Environmental Restoration Program, the joint board on 
ammunition storage established under section 172 of that 
title, and Executive Order No. 12580, a program to 
address— 
(i) any release or substantial threat of release 
attributable to military munitions (including unex-
ploded ordnance) and other constituents; and 
(ii) any release or substantial threat of release, 
regardless of its source, occurring on or emanating 
from such lands during the period of withdrawal and 
reservation; and 
(C) provide to the Secretary of the Interior a copy 
of any report prepared by the Secretary of the Navy or 
the Secretary of the Air Force, as the case may be, pursuant 
to any Federal, State, or local environmental law, regula-
tion, rule, or standard. 
(2) BEFORE RELINQUISHMENT OR TERMINATION.— 
(A) ENVIRONMENTAL REVIEW.—(i) Upon notifying the 
Secretary of the Interior that the Secretary of the Navy 
or the Secretary of the Air Force intends, pursuant to 
subsection (f), to relinquish jurisdiction over lands with-
drawn and reserved by this section, the Secretary of the 
Navy or the Secretary of the Air Force shall provide to 
the Secretary of the Interior an environmental baseline 
survey, military range assessment, or other environmental 
review characterizing the environmental condition of the 
land, air, and water resources affected by the activities 
undertaken by the Secretary of the Navy or the Secretary 
of the Air Force, as the case may be, on and over such 
lands. 
(ii) If hazardous substances were stored for one year 
or more, known to have been released or disposed of, or 
if a substantial threat of release exists, on lands referred 
to in clause (i), any environmental review under that clause 
shall include notice of the type and qusuitity of such haz-
ardous substances and notice of the time during which 
such storage, release, substantial threat of release, or dis-
posal took place. 
69-194-01-30; QL 3 Parti 
113 STAT. 906 
PUBLIC LAW 106-65—OCT. 5, 1999 
(B) MEMORANDUM OF UNDERSTANDING.—(i) In addition 
to any other requirements under this section, the Secretary 
of the Navy, the Secretary of the Air Force, and the Sec-
retary of the Interior may enter into a memorandum of 
understanding to implement the environmental remedi-
ation requirements of this section. 
(ii) The memorandum of understanding under clause 
(i) may include appropriate, technically feasible, and mutu-
ally acceptable cleanup standards that the concerned Secre-
taries believe environmental remediation activities shall 
achieve and a schedule for completing cleanup activities 
to meet such standards. 
(iii) Cleanup standards under clause (ii) shall be con-
sistent with any legally applicable or relevant and appro-
priate standard, requirement, criteria, or limitation other-
wise required by law. 
(C) ENVIRONMENTAL REMEDIATION.—With respect to 
lands to be relinquished pursuant to subsection (f), the 
Secretary of the Navy or the Secretary of the Air Force 
shall take all actions necessary to address any release 
or substantial threat of release, regardless of its source, 
occurring on or emanating from such lands during the 
period of withdrawal and reservation under this section. 
To the extent practicable, all such response actions shall 
be taken before the termination of the withdrawal and 
reservation of such lands under this section. 
(D) CONSULTATION.—If the Secretary of the Interior 
accepts the relinquishment of jurisdiction over any lands 
withdrawn and reserved by this section before all necessary 
response actions under this section have been completed, 
the Secretary of the Interior shall consult with the Sec-
retary of the Navy or the Secretary of the Air Force, as 
the case may be, before undertaking or authorizing any 
activities on such lands that may affect existing releases, 
interfere with the installation, maintenance, or operation 
of any response action, or expose any person to a safety 
or health risk associated with either the releases or the 
response action being undertaken. 
(3) RESPONSIBILITY AND LIABILITY.—(A) The Secretary of 
the Navy and the Secretary of the Air Force, and not the 
Secretary of the Interior, shall be responsible for and conduct 
the necessary remediation of all releases or substantial threats 
of release, whether located on or emanating from lands with-
drawn and reserved by this section, and whether known at 
the time of relinquishment or termination or subsequently 
discovered, attributable to management of the lands withdrawn 
£ind reserved by this section by the Secretary of the Navy 
or the Secretary of the Air Force, as the case may be, or 
the use, management, storage, release, treatment, or disposal 
of hazardous materials, hazardous substances, hazardous 
wastes, pollutants, contaminants, petroleum products and their 
derivatives, military munitions, or other constituents on such 
lands by the Secretary of the Navy or the Secretary of the 
Air Force, as the case may be. 
(B) Responsibility under subparagraph (A) shall include 
liability for any costs or claims asserted against the United 
States for activities referred to in that subparagraph. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 907 
(C) Nothing in this paragraph is intended to prevent the 
United States from bringing a cost recovery, contribution, or 
other action against third persons or parties the Secretary 
of the Navy or the Secretary of the Air Force reasonably beheves 
may have contributed to a release or substantial threat of 
release. 
(4) OTHER FEDERAL AGENCIES.—If the Secretary of the Navy 
or the Secretary of the Air Force delegates responsibility or 
jurisdiction to another Federal agency over, or permits another 
Federal agency to operate on, lands withdrawn and reserved 
by this section, the agency shall assume all responsibility and 
liability described in paragraph (3) for their activities with 
respect to such lands. 
(5) DEFINITIONS.—In this subsection: 
(A)(i) The term "military munitions"— 
(I) means all ammunition products and compo-
nents produced or used by or for the Department of 
Defense or the Armed Services for national defense 
and security, including military munitions under the 
control of the Department of Defense, the Coast Guard, 
the Department of Energy, and National Guard per-
sonnel; 
(II) includes confined gaseous, liquid, and solid 
propellants, explosives, pyrotechnics, chemical and riot 
control agents, smokes, and incendiaries used by and 
for Department of Defense components, including bulk 
explosives and chemical warfare agents, chemical 
munitions, rockets, guided and ballistic missiles, 
bombs, warheads, mortar rounds, artillery ammuni-
tion, 
small 
arms 
ammunition, 
grenades, 
mines, 
torpedoes, depth charges, cluster munitions and dis-
pensers, demolition charges, and devices and compo-
nents thereof; and 
(III) includes nonnuclear components of nuclear 
devices managed under the nuclear weapons program 
of the Department of Energy after all required sanitiza-
tion operations under the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.) have been completed. 
(ii) The term does not include wholly inert items, 
improvised explosive devices, and nuclear weapons, nuclear 
devices, and nuclear components thereof. 
(B) The term "unexploded ordnance" means military 
munitions that have been primed, fused, armed, or other-
wise prepared for action, and have been fired, dropped, 
launched, projected, or placed in such a manner as to 
constitute a hazard or potential hazard, to operations, 
installation, personnel, or material, and remain unexploded 
either by malfunction, design, or other cause. 
(C) The term "other constituents" means potentially 
hazardous compounds, mixtures, or elements that are 
released from military munitions or unexploded ordnance 
or result from other activities on military ranges. 
(d) DURATION OF WITHDRAWAL AND RESERVATIONS.— 
(1) IN GENERAL.—Unless extended pursuant to subsection 
(e), the withdrawal and reservation of lands by this section 
shall terminate 25 years after the date of the enactment of 
this Act, except as otherwise provided in subsection (f)(4). 
113 STAT. 908 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
Deadline. 
(2) OPENING.—On the date of the termination of the with-
drawal and reservation of lands by this section, such lands 
shall not be open to any form of appropriation under the general 
land laws, including the mining laws and the mineral leasing 
and geothermal leasing laws, until the Secretary of the Interior 
publishes in the Federal Register an appropriate order stating 
the date upon which such lands shall be restored to the public 
domain and opened. 
(e) EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.— 
(1) IN GENERAL.—Not later than three years before the 
termination date of the initial withdrawal and reservation of 
lands by this section, the Secretary of the Navy and the Sec-
retary of the Air Force shall notify Congress and the Secretary 
of the Interior concerning whether the Navy or Air Force, 
as the case may be, will have a continuing military need, 
after such termination date, for all or any portion of such 
lands. 
(2) DUTIES REGARDING CONTINUING MILITARY NEED.—(A) 
If the Secretary of the Navy or the Secretary of the Air Force 
determines that there will be a continuing military need for 
any lands withdrawn by this section, the Secretary of the 
Navy or the Secretary of the Air Force, as the case may be, 
shall— 
(i) consult with the Secretary of the Interior concerning 
any adjustments to be made to the extent of, or to the 
allocation of management responsibility for, such lands; 
and 
(ii) file with the Secretary of the Interior, not later 
than one year after the notice required by paragraph (1), 
an application for extension of the withdrawal and reserva-
tion of such lands. 
(B) The general procedures of the Department of the 
Interior for processing Federal Land withdrawals notwith-
standing, any application for extension under this paragraph 
shall be considered complete if it includes the following: 
(i) The information required by section 3 of the Engle 
Act (43 U.S.C. 157), except that no information shall be 
required concerning the use or development of mineral, 
timber, or grazing resources unless, and to the extent, 
the Secretary of the Navy or the Secretary of the Air 
Force proposes to use or develop such resources during 
the period of extension. 
(ii) A copy of the most recent public report prepared 
in accordance with subsection (b)(5). 
(3) LEGISLATIVE PROPOSALS.—The Secretary of the Interior, 
the Secretary of the Navy, and the Secretary of the Air Force 
shall ensure that any legislative proposal for the extension 
of the withdrawal and reservation of lands under this section 
is submitted to Congress not later than May 1 of the year 
preceding the year in which the existing withdrawal and res-
ervation would otherwise terminate under this section. 
(f) TERMINATION AND RELINQUISHMENT.— 
(1) NOTICE OF INTENT TO RELINQUISH.—^At any time during 
the withdrawal and reservation of lands under this section, 
but not later than three years before the termination of the 
withdrawal and reservation, if the Secretary of the Navy or 
the Secretary of the Air Force determines that there is no 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 909 
continuing military need for lands withdrawn and reserved 
by this section, or £iny portion of such lands, the Secretary 
of the Navy or the Secretary of the Air Force, as the case 
may be, shall notify the Secretary of the Interior of an intent 
to relinquish jurisdiction over such lands, which notice shall 
specify the proposed date of relinquishment. 
(2) AUTHORITY TO ACCEPT RELINQUISHMENT.—The Secretary 
of the Interior may accept jurisdiction over any lands covered 
by a notice of intent to relinquish jurisdiction under this sub-
section if the Secretary of the Interior determines that the 
Secretary of the Navy or the Secretary of the Air Force has 
taken the environmental response actions required under this 
section. 
(3) ORDER.—If the Secretary of the Interior accepts jurisdic- Federal iRegister, 
tion over lands covered by a notice of intent to relinquish publication, 
jurisdiction under this subsection before the termination date 
of the withdrawal and reservation of such lands under this 
section, the Secretary of the Interior shall publish in the Fed-
eral Register an appropriate order that shall— 
(A) terminate the withdrawal and reservation of such 
lands under this section; 
(B) constitute official acceptance of administrative 
jurisdiction over such lands by the Secretary of the Interior; 
and 
(C) state the date upon which such lands shall be 
opened to the operation of the general land laws, including 
the mining laws and the mineral leasing and geothermal 
leasing laws, if appropriate. 
(4) JURISDICTION PENDING RELINQUISHMENT.—(A) Notwith-
standing the termination date, unless and until the Secretary 
of the Interior accepts jurisdiction of land proposed for relin-
quishment under this subsection, or until the Administrator 
of General Services accepts jurisdiction of such lands under 
the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 251 et seq.), such lands shall remain under the 
jurisdiction of the Secretary of the Navy or the Secretary of 
the Air Force, as the case may be, for the limited purposes 
of— 
(i) environmental response actions under this section; 
and 
(ii) continued land management responsibilities pursu-
ant to the integrated natural resources management plan 
for such lands under subsection (b)(3). 
(B) For any land that the Secretary of the Interior deter-
mines to be suitable for return to the public domain, but does 
not agree with the Secretary of the Navy or the Secretary 
of the Air Force that all necessary environmental response 
actions under this section have been taken, the Secretary of 
the Navy or the Secretary of the Air Force, as the case may 
be, and the Secretary of the Interior shall resolve the dispute 
in accordance with einy applicable dispute resolution process. 
(C) For any land that the Secretary of the Interior deter-
mines to be unsuitable for return to the public domain, the 
Secretary of the Interior shall immediately notify the Adminis-
trator of General Services. 
(5) SCOPE OF FUNCTIONS.—^All functions described under 
this subsection, including transfers, relinquishes, extensions, 
113 STAT. 910 
PUBLIC LAW 106-65—OCT. 5, 1999 
and other determinations, may be made on a parcel-by-parcel 
basis. 
(g) DELEGATIONS OF FUNCTIONS.—The functions of the Sec-
retary of the Interior under this section may be delegated, except 
that the following determinations and decisions may be approved 
and signed only by the Secretary of the Interior, the Deputy Sec-
retary of the Interior, an Assistant Secretary of the Interior, or 
the Director, Bureau of Land Management: 
(1) Decisions to accept transfer, relinquishment, or jurisdic-
tion of lands under this section and to open such lands to 
operation of the public land laws. 
(2) Decisions to transfer management responsibility from 
or to a military department pursuant to subsection (b)(7). 
SEC. 3032. MILITARY USE OF CABEZA PRIETA NATIONAL WILDLIFE 
REFUGE AND CABEZA PRIETA WILDERNESS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The historic use of the areas designated as the Cabeza 
Prieta National Wildlife Refuge and the Cabeza Prieta Wilder-
ness by the Marine Corps and the Air Force has been integral 
to the effective operation of the Barry M. Goldwater Air Force 
Range. 
(2) Continued use of the Cabeza Prieta National Wildlife 
Refuge and Cabeza Prieta Wilderness by the Marine Corps 
and the Air Force to support military aviation training will 
remain necessary to ensure the readiness of the Armed Forces. 
(3) The historic use of the Cabeza Prieta National Wildlife 
Refuge and Cabeza Prieta Wilderness by the Marine Corps 
and the Air Force has coexisted for many years with the wildlife 
conservation and wilderness purposes for which the refuge and 
wilderness were established. 
(4) The designation of the Cabeza Prieta National Wildlife 
Refuge and the Cabeza Prieta Wilderness recognizes the area 
as one of our nation's most ecologically and culturally valuable 
areas. 
(b) MANAGEMENT AND USE OF REFUGE AND WILDERNESS.— 
(1) IN GENERAL.—The Secretary of the Interior, in coordina-
tion with the Secretary of the Navy and the Secretary of the 
Air Force, shall manage the Cabeza Prieta National Wildlife 
Refuge and Cabeza Prieta Wilderness— 
(A) for the purposes for which the refiige and wilder-
ness were established; and 
(B) to support current and future military aviation 
training needs consistent with the November 21, 1994, 
memorandum of understanding among the Department of 
the Interior, the Department of the Navy, and the Depart-
ment of the Air Force, including any extension or other 
amendment of such memorandum of understanding under 
this section. 
(2) CONSTRUCTION.—Except as otherwise provided in this 
section, nothing in this subtitle shall be construed to effect 
the following: 
(A) The National Wildlife Refuge System Administra-
tion Act of 1966 (16 U.S.C. 668dd et seq.) or any other 
law related to management of the National Wildlife Refuge 
System. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 911 
(B) Any Executive order or public land order in effect 
on the date of the enactment of this Act with respect 
to the Cabeza Prieta National Wildlife Refuge. 
(c) EXTENSION OF MEMORANDUM OF UNDERSTANDING.—The Sec-
retary of the Interior, the Secretary of the Navy, and the Secretary 
of the Air Force shall extend the memorandum of understanding 
referred to in subsection (b)(1)(B). The memorandum of under-
standing shall be extended for a period that coincides with the 
duration of the withdrawal and reservation of the Barry M. Gold-
water Air Force Range made by section 3031. 
(d) 
OTHER 
AMENDMENTS 
OF 
MEMORANDUM 
OF 
UNDER-
STANDING.— 
(1) AMENDMENTS TO MEET MILITARY AVIATION TRAINING 
NEEDS.—(A) When determined by the Secretary of the Navy 
or the Secretary of the Air Force to be essential to support 
military aviation training, the Secretary of the Navy, the Sec-
retary of the Air Force, and the Secretary of the Interior shall 
negotiate amendments to the memorandum of understanding 
referred to in subsection (b)(1)(B) in order— 
(i) to revise existing or establish new low-level training 
routes or to otherwise accommodate low-level overflight; 
(ii) to establish new or enlarged areas closed to public 
use as surface safety zones; or 
(iii) to accommodate the maintenemce, 
upgrade, 
replacement, or installation of existing or new associated 
ground instrumentation. 
(B) Any amendment of the memorandum of understanding 
shall be consistent with the responsibilities under law of the 
Secretary of the Navy, the Secretary of the Air Force, and 
the Secretary of the Interior, respectively. 
(C) As provided by the existing provisions of the National 
Wildlife Refuge System Improvement Act of 1997 (Public Law 
105-57) and the Arizona Desert Wilderness Act of 1990 (Public 
Law 101-628), amendments to the memorandum of under-
standing to revise existing or establish new low-level training 
routes or to otherwise accommodate low-level overflight are 
not subject to compatibility determinations nor precluded by 
the designation of lands within the Cabeza Prieta National 
Wildlife Refuge as wilderness. 
(D) Amendments to the memorandum of understanding 
with respect to the upgrade or replacement of existing associ-
ated ground instrumentation or the installation of new associ-
ated ground instrumentation shall not be precluded by the 
existing designation of lands within the Cabeza Prieta National 
Wildlife Refuge as wilderness to the extent that the Secretary 
of the Interior, after consultation with the Secretary of the 
Navy and the Secretary of the Air Force, determines that 
such actions, considered both individually and cumulatively, 
create similar or less impact than the existing ground 
instrumentation permitted by the Arizona Desert Wilderness 
Act of 1990. 
(2) OTHER AMENDMENTS.—The Secretary of the Interior, 
the Secretary of the Navy, or the Secretary of the Air Force 
may initiate renegotiation of the memorandum of under-
standing at any time to address other needed changes, and 
the memorandum of understanding may be amended to 
113 STAT. 912 
PUBLIC LAW 106-65—OCT. 5, 1999 
accommodate such changes by the mutual consent of the parties 
consistent with their respective responsibihties under law. 
(3) EFFECTIVE DATE OF AMENDMENTS.—Amendments to the 
memorandum of understanding shall take effect 90 days after 
the date on which the Secretary of the Interior submits notice 
of such amendments to the Committees on Environment and 
Public Works, Energy and Natural Resources, and Armed Serv-
ices of the Senate and the Committees on Resources and Armed 
Services of the House of Representatives. 
(e) ACCESS RESTRICTIONS.—If the Secretary of the Navy or 
the Secretary of the Air Force determines that military operations, 
public safety, or national security require the closure to the public 
of any road, trail, or other portion of the Cabeza Prieta National 
Wildlife Refuge or the Cabeza Prieta Wilderness, the Secretary 
of the Interior shall take such action as is determined necessary 
or desirable to effect and maintain such closure, including agreeing 
to amend the memorandum of understanding to establish new 
or enhanced surface safety zones. 
(f) STATUS OF CONTAMINATED LANDS.— 
(1) DECONTAMINATION.—Throughout the duration of 
the 
withdrawal of the Barry M. Goldwater Range under section 
3031, the Secretary of the Navy and the Secretary of the 
Air Force shall, to the extent that funds are made available 
for such purpose, carry out a program of decontamination of 
the portion of the Cabeza Prieta National Wildlife Refuge and 
the Cabeza Prieta Wilderness used for military training pur-
poses that maintains a level of cleanup of such lands equivalent 
to the level of cleanup of such lands as of the date of the 
enactment of this Act. Any environmental contamination of 
the Cabeza Prieta National Wildlife Refuge or the Cabeza Prieta 
Wilderness caused or contributed to by the Department of 
the Navy or the Department of the Air Force shall be the 
responsibility of the Department of the Navy or the Department 
of the Air Force, respectively, and not the responsibility of 
the Department of the Interior. 
(2) CONSTRUCTION.—Nothing in this subsection shall be 
construed as constituting or effecting a relinquishment within 
the meaning of section 8 of the Military Lands Withdrawal 
Act of 1986 (PubHc Law 99-606). 
SEC. 3033. MAPS AND LEGAL DESCRIPTION. 
(a) PUBLICATION AND FILING.—As soon as practicable after the 
date of the enactment of this Act, the Secretary of the Interior 
shall— 
Federal Register, 
(1) publish in the Federal Register a notice containing 
publication. 
the legal description of the lands withdrawn and reserved by 
this subtitle; and 
(2) file maps and the legal description of the lands with-
drawn and reserved by this subtitle with the Committee on 
Energy and Natural Resources of the Senate and the Committee 
on Resources of the House of Representatives. 
(b) TECHNICAL CORRECTIONS.—Such maps and legal description 
shall have the same force and effect as if included in this subtitle, 
except that the Secretary of the Interior may correct clerical and 
typographical errors in such maps and legal description. 
(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of such maps 
and legal descriptions shall be available for public inspection in 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 913 
the offices of the Director and appropriate State Directors and 
field office managers of the Bureau of Land Management, the 
office of the commander, Luke Air Force Base, Arizona, the office 
of the commander. Marine Corps Air Station, Yuma, Arizona, and 
the Office of the Secretary of Defense. 
(d) REIMBURSEMENT.—The Secretary of Defense shall reimburse 
the Secretary of the Interior for any costs incurred by the Secretary 
of the Interior in implementing this section. 
(e) DELEGATIONS.— 
(1) MILITARY DEPARTMENTS.—The functions of the Sec-
retary of Defense, or of the Secretary of a military department, 
under this section may be delegated. 
(2) DEPARTMENT OF INTERIOR.—The fimctions of the Sec-
retary of the Interior under this section may be delegated. 
SEC. 3034. WATER RIGHTS. 
Nothing in this subtitle shall be construed to establish a res-
ervation to the United States with respect to any water or water 
right on lands covered by section 3031 or 3032. No provision of 
this subtitle shall be construed as authorizing the appropriation 
of water on lands covered by section 3031 or 3032 by the United 
States after the date of the enactment of this Act, except in accord-
ance with the law of the State in which such lands are located. 
This section shall not be construed to affect water rights acquired 
by the United States before the date of the enactment of this 
Act. 
SEC. 3035. HUNTING, FISHING, AND TRAPPING. 
All hunting, fishing, and trapping on lands withdrawn by this 
subtitle shall be conducted in accordance with the provisions of 
section 2671 of title 10, United States Code, except that hunting, 
fishing, and trapping within the Cabeza Prieta National Wildlife 
Refuge shall be conducted in accordance with the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
seq.), the Recreation Use of Wildlife Areas Act of 1969 (16 U.S.C. 
460k et seq.), and other laws applicable to the National Wildlife 
Refuge System. 
SEC. 3036. USE OF MINERAL MATERIALS. 
Notwithstainding any other provision of this subtitle or the 
Act of July 31, 1947 (commonly known as the Materials Act of 
1947; 30 U.S.C. 601 et seq.), the Secretary of the military depart-
ment concerned may use sand, gravel, or similar mineral material 
resources of the type subject to disposition under that Act from 
lands withdrawn and reserved by this subtitle if use of such 
resources is required for construction needs on such lands. 
SEC. 3037. IMMUNITY OF UNITED STATES. 
The United States and all departments or agencies thereof 
shall be held harmless and shall not be liable for any injuries 
or damages to persons or property suffered in the course of any 
mining or mineral or geothermal leasing activity conducted on 
lands covered by section 3031. 
113 STAT. 914 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle C—Authorization of 
Appropriations 
SEC. 3041. AUTHORIZATION OF APPROPRIATIONS. 
There are hereby authorized to be appropriated such sums 
as may be necessary to carry out the purposes of this title. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—^National Security Programs Authorizations 
Sec. 3101. Weapons activities. 
Sec. 3102. Defense environmental restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Defense environmental management privatization. 
Subtitle B—Recurring General Provisions 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for conceptual and construction design. 
Sec. 3126. Authority for emergency planning, design, and construction activities. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Sec. 3129. Transfers of defense environmental management funds. 
Subtitle C—Program Authorizations, Restrictions, and Limitations 
Sec. 3131. Prohibition on use of funds for certain activities under formerly utilized 
site remedial action program. 
Sec. 3132. Continuation of processing, treatment, and disposition of legacy nuclear 
materials. 
Sec. 3133. Nuclear weapons stockpile life extension program. 
Sec. 3134. Procedures for meeting tritium production requirements. 
Sec. 3135. Independent cost estimate of accelerator production of tritium. 
Sec. 3136. Nonproliferation initiatives and activities. 
Sec. 3137. Support of theater ballistic missile defense activities of the Department 
of Defense. 
Subtitle D—^Matters Relating to Safeguards, Security, and 
Counterintelligence 
Sec. 3141. Short title. 
Sec. 3142. Commission on Safeguards, Security, and Counterintelligence at Depart-
ment of Energy facilities. 
Sec. 3143. Background investigations of certain personnel at Department of Energy 
facilities. 
Sec. 3144. Conduct of security clearances. 
Sec. 3145. Protection of classified information during laboratory-to-laboratory ex-
changes. 
Sec. 3146. Restrictions on access to national laboratories by foreign visitors from 
sensitive countries. 
Sec. 3147. Department of Energy regulations relating to the safeguarding and secu-
rity of Restricted Data. 
Sec. 3148. Increased penalties for misuse of Restricted Data. 
Sec. 3149. Supplement to plan for declassification of Restricted Data and formerly 
Restricted Data. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 915 
Sec. 3150. Notice to congressional committees of certain security and counterintel-
ligence failures within nuclear energy defense programs. 
Sec. 3151. Annual report by the President on espionage by the People's Republic 
of China. 
Sec. 3152. Report on counterintelligence and security practices at national labora-
tories. 
Sec. 3153. Report on security vulnerabilities of national laboratory computers. 
Sec. 3154. Counterintelligence polygraph program. 
Sec. 3155. Definitions of national laboratory and nuclear weapons production facil-
ity. 
Sec. 3156. Definition of Restricted Data. 
Subtitle E—^Matters Relating to Personnel 
Sec. 3161. Extension of authority of Department of Energy to pay voluntary separa-
tion incentive payments. 
Sec. 3162. Fellowship program for development of skills critical to the Department 
of Energy nuclear weapons complex. 
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of Defense 
and Department of Energy. 
Sec. 3164. Whistleblower protection program. 
Subtitle F—Other Matters 
Sec. 3171. Requirement for plan to improve reprogramming processes. 
Sec. 3172. Integrated fissile materials management plan. 
Sec. 3173. Identification in budget materials of amounts for declassification activi-
ties and limitation on expenditures for such activities. 
Sec. 3174. Sense of Congress regarding technology transfer coordination for Depart-
ment of Energy national laboratories. 
Sec. 3175. Pilot program for project management oversight regarding Department 
of Energy construction projects. 
Sec. 3176. Pilot program of Department of Energy to authorize use of prior year 
unobligated balances for accelerated site cleanup at Rocky Flats Envi-
ronmental Technology Site, Colorado. 
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats Environ-
mental Technology Site, Colorado, to Waste Isolation Pilot Plant, New 
Mexico. 
Sec. 3178. Comptroller General report on closure of Rocky Flats Environmental 
Technology Site, Colorado. 
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New Mexico. 
Subtitle A—^National Security Programs 
Authorizations 
SEC. 3101. WEAPONS ACTIVITIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 2000 for weapons 
activities in carr3dng out programs necessary for national security 
in the amount of $4,489,995,000, to be allocated as follows: 
(1) STOCKPILE STEWARDSHIP.—Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 
2000 for stockpile stewardship in carr3dng out weapons activi-
ties necessary for national security programs in the amount 
of $2,252,300,000, to be allocated as follows: 
(A) For core stockpile stewardship, $1,743,500,000, to 
be allocated as follows: 
(i) For operation and maintenance, $1,610,355,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $133,145,000, to be allocated as follows: 
Project 
OO-D-103, 
terascale 
simulation 
facility, Lawrence Livermore National Laboratory, 
Livermore, California, $8,000,000. 
113 STAT. 916 
PUBLIC LAW 106-65—OCT. 5, 1999 
Project OO-D-105, strategic computing com-
plex, Los Alamos National Laboratory, Los Alamos, 
New Mexico, $26,000,000. 
Project 
OO-D-107, 
joint 
computational 
engineering laboratory, Sandia National Labora-
tories, Albuquerque, New Mexico, $1,800,000. 
Project 99-I)-102, rehabilitation of mainte-
nance facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $3,900,000. 
Project 99-D-103, isotope sciences facilities, 
Lawrence Livermore National Laboratory, Liver-
more, California, $2,000,000. 
Project 99-D-104, protection of real property 
(roof reconstruction. Phase II), Lawrence Liver-
more National Laboratory, Livermore, California, 
$2,400,000. 
Project 
99-D-105, central 
health 
physics 
calibration facility, Los Alamos National Labora-
tory, Los Alamos, New Mexico, $1,000,000. 
Project 
99-D-106, 
model 
validation 
and 
system certification test center, Sandia National 
Laboratories, 
Albuquerque, 
New 
Mexico, 
$6,500,000. 
Project 99-D-108, renovate existing roadways, 
Nevada Test Site, Nevada, $7,005,000. 
Project 
97-D-102, 
dual-axis 
radiographic 
hydrotest facility, Los Alamos National Labora-
tory, Los Alamos, New Mexico, $61,000,000. 
Project 96-D-102, stockpile stewardship facili-
ties revitalization. Phase VI, various locations, 
$2,640,000. 
Project 96-D-104, processing and environ-
mental technology laboratory, Sandia National 
Laboratories, 
Albuquerque, 
New 
Mexico, 
$10,900,000. 
(B) For inertial fusion, $475,700,000, to be allocated 
as follows: 
(i) For operation and maintenance, $227,600,000. 
(ii) For the following plant project (including 
maintenance, 
restoration, 
planning, 
construction, 
acquisition, and modification of facilities, and land 
acquisition related thereto), $248,100,000, to be allo-
cated as follows: 
Project 96-D-lll, national ignition facility, 
Lawrence Livermore National Laboratory, Liver-
more, California, $248,100,000. 
(C) 
For 
technology 
partnership 
and 
education, 
$33,100,000, of which $14,500,000 shall be allocated for 
technology partnership and $18,600,000 shall be allocated 
for education. 
(2) STOCKPILE MANAGEMENT.—Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscsd year 
2000 for stockpile management in carrying out weapons activi-
ties necessary for national security programs in the amount 
of $2,023,300,000, to be allocated as follows: 
(A) For operation and maintenance, $1,864,621,000. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 917 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, and land 
acquisition 
related 
thereto), 
$158,679,000, to be allocated as follows: 
Project 99-D-122, rapid reactivation, various loca-
tions, $11,700,000. 
Project 99-D-127, stockpile management restruc-
turing initiative, Kansas City Plant, Kansas City, Mis-
souri, $17,000,000. 
Project 99-D-128, stockpile management restruc-
turing initiative, Pantex Plant consolidation, Amarillo, 
Texas, $3,429,000. 
Project 99-D-132, stockpile mainagement restruc-
turing initiative, nuclear material safeguards and secu-
rity upgrades project, Los Alamos National Laboratory, 
Los Alamos, New Mexico, $11,300,000. 
Project 98-D-123, stockpile management restruc-
turing initiative, tritium facility modernization and 
consolidation. Savannah River Plant, Aiken, South 
Carolina, $21,800,000. 
Project 98-D-124, stockpile management restruc-
turing initiative, Y-12 Plant consolidation. Oak Ridge, 
Tennessee, $3,150,000. 
Project 
98-D-125, tritium 
extraction 
facility. 
Savannah 
River 
Plsint, 
Aiken, 
South 
Carolina, 
$33,000,000. 
Project 
98-D-126, 
accelerator 
production of 
tritium, various locations, $31,000,000. 
Project 97-D-123, structural upgrades, Kansas 
City Plant, Kansas City, Missouri, $4,800,000. 
Project 
95-D-102, 
chemistry and metallurgy 
research upgrades project, Los Alamos National Lab-
oratory, Los Alamos, New Mexico, $18,000,000. 
Project 88-D-123, security enhancements, Pantex 
Plant, Amarillo, Texas, $3,500,000. 
(3) PROGRAM DIRECTION.—Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 
2000 for program direction in carrying out weapons activities 
necessary for national security programs in the amount of 
$241,500,000. 
(b) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to subsection (a) is the sum of the amounts author-
ized to be appropriated in paragraphs (1) through (3) of that sub-
section, reduced by $27,105,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 
MANAGEMENT. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 2000 for environ-
mental restoration and waste management in carrying out programs 
necessary for national security in the amount of $5,495,868,000, 
to be allocated as follows: 
(1) CLOSURE PROJECTS.—For closure projects carried out 
in accordance with section 3143 of the National Defense 
Authorization Act for Fiscal Year 1997 (PubUc Law 104-201; 
113 STAT. 918 
PUBLIC LAW 106-65—OCT. 5, 1999 
110 Stat. 
2836; 42 U.S.C. 7274n) in the 
amount 
of 
$1,069,492,000. 
(2) SITE PROJECT AND COMPLETION.—For site project and 
completion in carrying out environmental restoration and waste 
management activities necessary for national security programs 
in the amount of $980,919,000, to be allocated as follows: 
(A) For operation and maintenance, $892,629,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and 
land 
acquisition 
related 
thereto), 
$88,290,000, to be allocated as follows: 
Project 99-D-402, tank farm support services, 
F&H areas, Savannah River Site, Aiken, South Caro-
lina, $3,100,000. 
Project 99-D-404, health physics instrumentation 
laboratory, Idaho National Engineering and Environ-
mental Laboratory, Idaho, $7,200,000. 
Project 98-D-401, H-tank farm storm water sys-
tems upgrade, Savannah River Site, Aiken, South 
Carolina, $2,977,000. 
Project 98-D-453, plutonium stabilization and 
handling system for plutonium finishing plant, Rich-
land, Washington, $16,860,000. 
Project 
98-D-700, 
road 
rehabilitation, 
Idaho 
National Engineering and Environmental Laboratory, 
Idaho, $2,590,000. 
Project 97-D-450, Actinide packaging and storage 
facility. Savannah River Site, Aiken, South Carolina, 
$4,000,000. 
Project 97-D-470, regulatory monitoring and bio-
assay laboratory. Savannah River Site, Aiken, South 
Carolina, $12,220,000. 
Project 96-D-406, spent nuclear fuels canister 
storage and stabilization facility, Richland, Wash-
ington, $24,441,000. 
Project 96-D-464, electrical and utility systems 
upgrade, Idaho Chemical Processing Plant, Idaho 
National Engineering and Environmental Laboratory, 
Idaho, $11,971,000. 
Project 96-D-471, chlorofluorocarbon heating, ven-
tilation, and air conditioning and chiller retrofit, 
Savannah River Site, Aiken, South Carolina, $931,000. 
Project 86-D-103, decontamination and waste 
treatment facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $2,000,000. 
(3) POST-2006 COMPLETION.—For post-2006 project comple-
tion in canying out environmental restoration and waste 
management activities necessary for national security programs 
in the amount of $2,919,948,000, to be allocated as follows: 
(A) For operation and maintenance, $2,873,697,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and 
land 
acquisition 
related 
thereto), 
$46,251,000, to be allocated as follows: 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 919 
Project OO-D-401, spent nuclear fuel treatment 
and storage facility, title I and II, Savannah River 
Site, Aiken, South Carolina, $7,000,000. 
Project 99-D-403, privatization phase I infrastruc-
ture support, Richland, Washington, $13,988,000. 
Project 97-D-402, tank farm restoration and safe 
operations, Richland, Washington, $20,516,000. 
Project 94-D-407, initial tank retrieval systems, 
Richland, Washington, $4,060,000. 
Project 93-D-187, high-level waste removal from 
filled waste tanks, Savannah River Site, Aiken, South 
Carolina, $8,987,000. 
(4) SCIENCE AND TECHNOLOGY.—For science and technology 
in carrying out environmental restoration and waste manage-
ment activities necessary for national security programs in 
the amoimt of $230,500,000. 
(5) PROGRAM DIRECTION.—For program direction in car-
rying out environmental restoration and waste management 
activities necessary for national security programs in the 
amount of $339,409,000. 
(b) ADJUSTMENTS.—(1) The total amount authorized to be 
appropriated in subsection (a) is the sum of the amounts authorized 
to be appropriated in paragraphs (1) through (5) of that subsection 
reduced by $44,400,000, to be derived from environmental restora-
tion and waste management, environment, safety, and health pro-
grams. 
(2) The amount authorized to be appropriated pursuant to 
subsection (a)(3)(B) is reduced by $8,300,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 2000 for other 
defense activities in carrying out programs necessary for national 
security in the amount of $1,805,959,000, to be allocated as follows: 
(1) NONPROLIFERATION AND NATIONAL SECURITY.—For non-
proliferation and national security, $732,100,000, to be allocated 
as follows: 
(A) 
For 
verification 
and 
control 
technology, 
$497,000,000, to be allocated as follows: 
(i) For nonproliferation and verification research 
and development, $221,000,000, to be allocated as fol-
lows: 
(I) 
For 
operation 
and 
maintenance, 
$215,000,000. 
(II) For plant projects (including maintenance, 
restoration, planning, construction, acquisition, 
modification of facilities, and the continuation of 
projects authorized in prior years, and land 
acquisition related thereto), $6,000,000, to be allo-
cated as follows: 
Project OO-D-192, nonproliferation and 
international security center, Los Alamos 
National 
Laboratory, 
Los 
Alamos, 
New 
Mexico, $6,000,000. 
(ii) For arms control, $276,000,000. 
(B) For nuclear safeguards and security, $59,100,000. 
(C) For international nuclear safety, $24,700,000. 
113 STAT. 920 
PUBLIC LAW 106-65—OCT. 5, 1999 
(D) For security investigations, $44,100,000. 
(E) For emergency management, $21,000,000. 
(F) 
For highly 
enriched 
uranium 
transparency 
implementation, $15,750,000. 
(G) For program direction, $90,450,000. 
(2) INTELLIGENCE.—For intelhgence, $36,059,000. 
(3) 
COUNTERINTELLIGENCE.—For 
counterintelligence, 
$39,200,000. 
(4) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—For 
worker and community transition assistance, $30,000,000, to 
be allocated as follows: 
(A) For worker and community transition, $26,500,000. 
(B) For program direction, $3,500,000. 
(5) FISSILE MATERIALS CONTROL AND DISPOSITION.—For 
fissile materials control and disposition, $200,000,000, to be 
allocated as follows: 
(A) For operation and maintenance, $129,766,000. 
(B) For program direction, $7,343,000. 
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and land 
acquisition 
related 
thereto), 
$62,891,000, to be allocated as follows: 
Project OO-D-142, immobilization and associated 
processing facility, various locations, $21,765,000. 
Project 99-D-141, pit disassembly and conversion 
facility, various locations, $28,751,000. 
Project 99-D-143, mixed oxide fuel fabrication 
facility, various locations, $12,375,000. 
(6) ENVIRONMENT, SAFETY, AND HEALTH.—For environment, 
safety, and health, defense, $98,000,000, to be allocated as 
follows: 
(A) For the Office of Environment, Safety, and Health 
(Defense), $73,231,000. 
(B) For program direction, $24,769,000. 
(7) OFFICE OF HEARINGS AND APPEALS.—For the Office of 
Hearings and Appeals, $3,000,000. 
(8) NAVAL REACTORS.—For naval reactors, $677,600,000, 
to be allocated as follows: 
(A) For naval reactors development, $657,000,000, to 
be allocated as follows: 
(i) For operation and maintenance, $633,000,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $24,000,000, to be allocated as follows: 
GPN-101 general plant projects, various loca-
tions, $9,000,000. 
Project 
98-D-200, 
site 
laboratory/facility 
upgrade, various locations, $3,000,000. 
Project 90-N-102, expended core facility dry 
cell project. 
Naval 
Reactors 
Facility, 
Idaho, 
$12,000,000. 
(B) For program direction, $20,600,000. 
(b) ADJUSTMENTS.—(1) The total amount authorized to be 
appropriated pursuant to subsection (a) is the sum of the amounts 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 921 
authorized to be appropriated in paragraphs (1) through (8) of 
that subsection, reduced by $10,000,000. 
(2) The amount authorized to be appropriated pursuant to 
subsection (a)(1)(D) is reduced by $20,000,000 to reflect an offset 
provided by user organizations for security investigations. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
(a) DEFENSE NUCLEAR WASTE DISPOSAL.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2000 for payment to the Nuclear Waste Fund established 
in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222(c)) in the amoimt of $112,000,000. 
(b) ADJUSTMENT.—The amount authorized to be appropriated 
pursuant to subsection (a) is reduced by $39,000,000. 
SEC. 3105. DEFENSE 
ENVIRONMENTAL MANAGEMENT PRIVATIZA-
TION. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 2000 for 
privatization initiatives in carrying out environmental restoration 
and waste management activities necessary for national security 
programs in the amount of $228,000,000, to be allocated as follows: 
Project 98-PVT-2, spent nuclear fiiel dry storage, Idaho 
Falls, Idaho, $5,000,000. 
Project 98-PVT-5, environmental management and waste 
disposal. Oak Ridge, Tennessee, $20,000,000. 
Project 97-PVT-l, tank waste remediation system phase 
I, Hanford, Washington, $106,000,000. 
Project 
97-PVT-2, advanced 
mixed waste 
treatment 
facility, Idaho Falls, Idaho, $110,000,000. 
Project 97-PVT-3, transuranic waste treatment. Oak 
Ridge, Tennessee, $12,000,000. 
(b) EXPLANATION OF ADJUSTMENT.—The amount authorized to 
be appropriated in subsection (a) is the sum of the amounts author-
ized to be appropriated for the projects in that subsection reduced 
by $25,000,000 for use of prior year balances of funds for defense 
environmental management privatization. 
Subtitle B—Recurring General Provisions 
SEC, 3121. REPROGRAMMING. 
(a) IN GENERAL.—Until the Secretary of Energy submits to 
the congressional defense committees the report referred to in sub-
section (b) and a period of 45 days has elapsed after the date 
on which such committees receive the report, the Secretary may 
not use amounts appropriated pursuant to this title for any 
program— 
(1) in amounts that exceed, in a fiscal year— 
(A) 110 percent of the amount authorized for that 
program by this title; or 
(B) $1,000,000 more than the amount authorized for 
that program by this title; or 
(2) which has not been presented to, or requested of. Con-
gress. 
(b) REPORT.—(1) The report referred to in subsection (a) is 
a report containing a full and complete statement of the action 
113 STAT. 922 
PUBLIC LAW 106-65—OCT. 5, 1999 
proposed to be taken and the facts and circumstances relied upon 
in support of such proposed action. 
(2) In the computation of the 45-day period under subsection 
(a), there shall be excluded 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. 
(c) LIMITATIONS.—(1) In no event may the total amount of 
funds obligated pursuant to this title exceed the total amount 
authorized to be appropriated by this title. 
(2) Funds appropriated pursuant to this title may not be used 
for an item for which Congress has specifically denied funds. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS. 
(a) IN GENERAL.—The Secretary of Energy may carry out any 
construction project under the general plant projects authorized 
by this title if the total estimated cost of the construction project 
does not exceed $5,000,000. 
(b) REPORT TO CONGRESS.—If, at any time during the construc-
tion of any general plant project authorized by this title, the esti-
mated cost of the project is revised because of unforeseen cost 
variations Eind the revised cost of the project exceeds $5,000,000, 
the Secretary shall immediately furnish a complete report to the 
congressional defense committees explaining the reasons for the 
cost variation. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. 
(a) IN GENERAL.—(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above 
the total estimated cost, whenever the current estimated cost of 
the construction project, which is authorized by section 3101, 3102, 
or 3103, or which is in support of national security programs of 
the Department of Energy and was authorized by any previous 
Act, exceeds by more than 25 percent the higher of— 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the project 
as shown in the most recent budget justification data submitted 
to Congress. 
(2) An action described in paragraph (1) may be taken if— 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the 
circumstances making such action necessary; and 
(B) a period of 30 days has elapsed after the date on 
which the report is received by the committees. 
(3) In the computation of the 30-day period under paragraph 
(2), there shall be excluded 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. 
(b) EXCEPTION.—Subsection (a) shall not apply to any construc-
tion project which has a current estimated cost of less than 
$5,000,000. 
SEC. 3124. FUND TRANSFER AUTHORITY. 
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary 
of Energy may transfer funds authorized to be appropriated to 
the Department of Energy pursuant to this title to other Federal 
agencies for the performance of work for which the funds were 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 923 
authorized. Funds so transferred may be merged with and be avail-
able for the same purposes and for the same period as the authoriza-
tions of the Federal agency to which the amounts are transferred. 
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—(1) Subject 
to paragraph (2), the Secretary of Energy may transfer funds 
authorized to be appropriated to the Department of Energy pursu-
ant to this title between any such authorizations. Amounts of 
authorizations so transferred may be merged with and be available 
for the same purposes and for the same period as the authorization 
to which the amounts are transferred. 
(2) Not more than five percent of any such authorization may 
be transferred between authorizations under paragraph (1). No 
such authorization may be increased or decreased by more than 
five percent by a transfer under such paragraph. 
(c) LIMITATION.—The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide funds for items relating 
to activities necessary for national security programs that have 
a higher priority than the items from which the funds are 
transferred; and 
(2) may not be used to provide funds for an item for 
which Congress has specifically denied funds. 
(d) NOTICE TO CONGRESS.—The Secretary of Energy shall 
promptly notify the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives of any transfer of funds to or from authorizations under 
this title. 
SEC. 3125. AUTHORITY 
FOR 
CONCEPTUAL 
AND 
CONSTRUCTION 
DESIGN. 
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1) Subject to 
paragraph (2) and except as provided in paragraph (3), before 
submitting to Congress a request for funds for a construction project 
that is in support of a national security program of the Department 
of Energy, the Secretary of Energy shall complete a conceptual 
design for that project. 
(2) If the estimated cost of completing a conceptual design 
for a construction project exceeds $3,000,000, the Secretary shall 
submit to Congress a request for funds for the conceptual design 
before submitting a request for funds for the construction project. 
(3) The requirement in paragraph (1) does not apply to a 
request for funds— 
(A) for a construction project the total estimated cost of 
which is less than $5,000,000; or 
(B) for emergency planning, design, and construction activi-
ties under section 3126. 
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the 
amounts authorized by this title, the Secretary of Energy may 
carry 
out 
construction 
design 
(including 
architectural 
and 
engineering services) in connection with any proposed construction 
project if the total estimated cost for such design does not exceed 
$600,000. 
(2) If the total estimated cost for construction design in connec-
tion with any construction project exceeds $600,000, funds for such 
design must be specifically authorized by law. 
113 STAT. 924 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—The Secretary of Energy may use any funds 
available to the Department of Energy pursuant to an authorization 
in this title, including those funds authorized to be appropriated 
for advance planning and construction design under sections 3101, 
3102, and 3103, to perform planning, design, and construction 
activities for any Department of Energy national security program 
construction project that, as determined by the Secretary, must 
proceed expeditiously in order to protect public health and safety, 
to meet the needs of national defense, or to protect property. 
(b) LIMITATION.—The Secretary may not exercise the authority 
under subsection (a) in the case of any construction project until 
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry 
out under this section and the circumstances making such activities 
necessary. 
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2) 
does not apply to emergency planning, design, and construction 
activities conducted under this section. 
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY. 
Subject to the provisions of appropriations Acts and section 
3121, amounts appropriated pursuant to this title for management 
and support activities and for general plant projects are available 
for use, when necessary, in connection with all national security 
programs of the Department of Energy. 
SEC. 3128. AVAILABILITY OF FUNDS. 
(a) IN GENERAL.—Except as provided in subsection (b), when 
so specified in an appropriations Act, amoiuits appropriated for 
operation and maintenance or for plant projects may remain avail-
able imtil expended. 
(b) 
EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts 
appropriated for program direction pursuant to an authorization 
of appropriations in subtitle A shall remain available to be expended 
only until the end of fiscal year 2001. 
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT 
FUNDS. 
(a) 
TRANSFER 
AUTHORITY 
FOR DEFENSE 
ENVIRONMENTAL 
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the 
manager of each field office of the Department of Energy with 
the authority to transfer defense environmental management funds 
from a program or project under the jurisdiction of the office to 
another such program or project. 
(b) LIMITATIONS.—(1) Only one treinsfer may be made to or 
from any program or project under subsection (a) in a fiscal year. 
(2) The amount transferred to or from a program or project 
under subsection (a) may not exceed $5,000,000 in a fiscal year. 
(3) A transfer may not be carried out by a manager of a 
field office luider subsection (a) unless the manager determines 
that the transfer is necessary to address a risk to health, safety, 
or the environment or to assure the most efficient use of defense 
environmental management funds at the field office. 
(4) Funds transferred pursuant to subsection (a) may not be 
used for an item for which Congress has specifically denied funds 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 925 
or for a new program or project that has not been authorized 
by Congress. 
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The 
requirements of section 3121 shall not apply to transfers of funds 
pursuant to subsection (a). 
(d) NOTIFICATION.—The Secretary, acting through the Assistant 
Secretary of Energy for Environmental Management, shall notify 
Congress of any transfer of funds pursuant to subsection (a) not 
later than 30 days after such transfer occurs. 
(e) DEFINITIONS.—In this section: 
(1) The term "program or project" means, with respect 
to a field office of the Department of Energy, any of the fol-
lowing: 
(A) A program referred to or a project listed in para-
graph (2) or (3) of section 3102. 
(B) A program or project not described in subparagraph 
(A) that is for environmental restoration or waste manage-
ment activities necessary for national security programs 
of the Department, that is being carried out by the office, 
and for which defense environmental management funds 
have been authorized and appropriated before the date 
of the enactment of this Act. 
(2) The term "defense environmental management funds" 
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carrying out environmental restora-
tion and waste management activities necessary for national 
security programs. 
(f) DURATION OF AUTHORITY.—The managers of the field offices 
of the Department may exercise the authority provided under sub-
section (a) during the period beginning on October 1, 1999, and 
ending on September 30, 2000. 
Subtitle C—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3131. PROHIBITION ON USE OF FUNDS FOR CERTAIN ACTIVITIES 
10 USC 2701 
UNDER FORMERLY UTILIZED SITE REMEDIAL ACTION 
note. 
PROGRAM. 
Notwithstanding any other provision of law, no funds author-
ized to be appropriated or otherwise made available by this Act, 
or by any Act authorizing appropriations for the military activities 
of the Department of Defense or the defense activities of the Depart-
ment of Energy for a fiscal year after fiscal year 2000, may be 
obligated or expended to conduct treatment, storage, or disposal 
activities at any site designated as a site under the Formerly 
Utilized Site Remedial Action Program as of the date of the enact-
ment of this Act. 
SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSITION OF LEGACY NUCLEAR MATERIALS. 
The Secretary of Energy shall continue operations £ind msdntain 
a high state of readiness at the F-canyon and H-canyon facilities 
at the Savannah River Site, Aiken, South Carolina, and shall pro-
vide the technical staff necessary to operate and so maintain such 
facilities. 
113 STAT. 926 
PUBLIC LAW 106-65—OCT. 5, 1999 
42 u s e 2121 
SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PRO-
note. 
GRAM. 
(a) PROGRAM REQUIRED.—The Secretary of Energy shall, in 
consultation with the Secretary of Defense, carry out a program 
to provide for the extension of the effective life of the weapons 
in the nuclear weapons stockpile. 
(b) ADMINISTRATIVE RESPONSIBILITY FOR PROGRAM.—(1) 
The 
program under subsection (a) shall be carried out through the 
element of the Department of Energy with responsibility for defense 
programs. 
(2) For each budget submitted by the President to Congress 
under section 1105 of title 31, United States Code, the amounts 
requested for the program shall be clearly identified in the budget 
justification materials submitted to Congress in support of that 
budget. 
(c) PROGRAM PLAN.—^As part of the program under subsection 
(a), the Secretary shall develop a long-term plan for the extension 
of the effective life of the weapons in the nuclear weapons stockpile. 
The plan shall include the following: 
(1) Mechanisms 
to 
provide 
for 
the 
remanufacture, 
refurbishment, and modernization of each weapon design des-
ignated by the Secretary for inclusion in the enduring nuclear 
weapons stockpile as of the date of the enactment of this 
Act. 
(2) Mechanisms to expedite the collection of information 
necessary for carrying out the program, including information 
relating to the aging of materials and components, new manu-
facturing techniques, and the replacement or substitution of 
materials. 
(3) Mechanisms to ensure the appropriate assignment of 
roles and missions for each nuclear weapons laboratory and 
production plant of the Department, including mechanisms for 
allocation of workload, mechanisms to ensure the carrying out 
of appropriate modernization activities, and mechanisms to 
ensure the retention of skilled personnel. 
(4) Mechanisms for allocating funds for activities under 
the program, including allocations of funds by weapon type 
and facility. 
(5) An identification of the funds needed, in the current 
fiscal year and in each of the next five fiscal years, to carry 
out the program. 
Deadline. 
(d) ANNUAL SUBMITTAL OF PLAN.—(1) The Secretary shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives the plan developed under subsection 
(c) not later than January 1, 2000. The plan shall contain the 
maximum level of detail practicable. 
(2) The Secretary shall submit to the committees referred to 
in paragraph (1) each year after 2000, at the same time as the 
submission of the budget for the fiscal year beginning in such 
year under section 1105 of title 31, United States Code, an update 
of the plan submitted under paragraph (1). Each update shall 
contain the same level of detail as the plan submitted under para-
graph (1). 
Deadline. 
(e) GAG ASSESSMENT.—Not later than 30 days after the submis-
sion of the plan under subsection (d)(1) or any update of the plan 
under subsection (d)(2), the Comptroller General shall submit to 
the committees referred to in subsection (d)(1) an assessment of 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 927 
whether the program can be carried out under the plan or the 
update (as appHcable)— 
(1) in the current fiscal year, given the budget for that 
fiscal year; and 
(2) in future fiscal years. 
(f) SENSE OF CONGRESS REGARDING FUNDING OF PROGRAM.— 
It is the sense of Congress that the President should include in 
each budget for a fiscal year submitted to Congress under section 
1105 of title 31, United States Code, sufficient funds to carry 
out in the fiscal year covered by such budget the activities under 
the program under subsection (a) that are specified in the most 
current version of the plan for the program under this section. 
SEC. 3134. PROCEDURES 
FOR MEETING 
TRITIUM 
PRODUCTION 
REQUIREMENTS. 
(a) PRODUCTION OF NEW TRITIUM.—The Secretary of Energy 
shall produce new tritium to meet the requirements of the Nuclear 
Weapons Stockpile Memorandum at the Tennessee Valley Authority 
Watts Bar or Sequoyah nuclear power plants consistent with the 
Secretary's December 22, 1998, decision document designating the 
Secretar/s preferred tritium production technology. 
(b) SUPPORT.—To support the method of tritium production 
set forth in subsection (a), the Secretary shall design and construct 
a new tritium extraction facility in the H-Area of the Savannah 
River Site, Aiken, South Carolina. 
(c) DESIGN AND ENGINEERING DEVELOPMENT.—The Secretary 
shall— 
(1) complete preliminary design £ind engineering develop-
ment of the Accelerator Production of Tritium technology design 
as a backup source of tritium to the source set forth in sub-
section (a) and consistent with the Secretar/s December 22, 
1998, decision document; and 
(2) make available those funds necessary to complete 
engineering 
development and demonstration, 
preliminary 
design, and detailed design of key elements of the system 
consistent with the Secretary's decision document of December 
22, 1998. 
SEC. 3135. INDEPENDENT 
COST 
ESTIMATE 
OF ACCELERATOR 
PRODUCTION OF TRITIUM. 
(a) INDEPENDENT COST ESTIMATE.—(1) The Secretary of Energy 
shall obtain an independent cost estimate of the accelerator produc-
tion of tritium. 
(2) The estimate shall be obtained from an entity not within 
the Department of Energy. 
(3) The estimate shall be conducted at the highest possible 
level of detail, but in no event at a level of detail below that 
currently defined by the Secretary as Type III, "parametric esti-
mate". 
(b) REPORT.—Not later than April 1, 2000, the Secretary shall Deadline, 
submit to the congressional defense committees a report on the 
independent cost estimate obtained pursuant to subsection (a). 
SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES. 
(a) INITIATIVE FOR PROLIFERATION PREVENTION PROGRAM.—(1) 
Not more than 35 percent of the funds available in any fiscal 
year after fiscal year 1999 for the Initiatives for Proliferation 
Prevention program (IPP) may be obligated or expended by the 
113 STAT. 928 
PUBLIC LAW 106-65—OCT. 5, 1999 
Reports. 
Deadline. 
Department of Energy national laboratories to carry out or provide 
oversight of any activities under that program. 
(2)(A) None of the funds available in any fiscal year after 
fiscal year 1999 for the Initiatives for Proliferation Prevention pro-
gram may be used to increase or otherwise supplement the pay 
or benefits of a scientist or engineer if the scientist or engineer— 
(i) is currently engaged in activities directly related to 
the design, development, production, or testing of chemical 
or biological weapons or a missile system to deliver such 
weapons; or 
(ii) was not formerly engaged in activities directly related 
to the design, development, production, or testing of weapons 
of mass destruction or a missile system to deliver such weapons. 
(B) None of the funds available in any fiscal year after fiscal 
year 1999 for the Initiatives for Proliferation Prevention program 
may be made available to an institute if the institute— 
(i) is currently involved in activities described in subpara-
graph (A)(i); or 
(ii) was not formerly involved in activities described in 
subparagraph (A)(ii). 
(3)(A) No funds available for the Initiatives for Proliferation 
Prevention program may be provided to an institute or scientist 
under the program if the Secretary of Energy determines that 
the institute or scientist has made a scientific or business contact 
in any way associated with or related to weapons of mass destruc-
tion with a representative of a country of proliferation concern. 
(B) For purposes of this paragraph, the term "country of pro-
liferation concern" means any country so designated by the Director 
of Central Intelligence for purposes of the Initiatives for Prolifera-
tion Prevention program. 
(4)(A) The Secretary of Energy shall prescribe procedures for 
the review of projects under the Initiatives for Proliferation Preven-
tion program. The purpose of the review shall be to ensure the 
following: 
(i) That the military applications of such projects, and 
any information relating to such applications, is not inadvert-
ently transferred or utilized for military purposes. 
(ii) That activities under the projects are not redirected 
toward work relating to weapons of mass destruction. 
(iii) That the national security interests of the United 
States are otherwise fully considered before the commencement 
of the projects. 
(B) Not later than 30 days after the date on which the Secretary 
prescribes the procedures required by subparagraph (A), the Sec-
retary shall submit to Congress a report on the procedures. The 
report shall set forth a schedule for the implementation of the 
procedures. 
(5)(A) The Secretary shall evaluate the projects carried out 
under the Initiatives for Proliferation Prevention program for 
commercial purposes to determine whether or not such projects 
are likely to achieve their intended commercial objectives. 
(B) If the Secretary determines as a result of the evaluation 
that a project is not likely to achieve its intended commercial 
objective, the Secretary shall terminate the project. 
(6) Funds appropriated for the Initiatives for Proliferation 
Prevention program may not be used to pay any tax or customs 
duty levied by the government of the Russian Federation. In the 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 929 
event payment of such a tax or customs duty with such funds 
is unavoidable, the Secretary of Energy shall— 
(A) after such payment, submit a report to the congres-
sional defense committees explaining the particular 
cir-
cumstances making such payment under the Initiatives for 
Proliferation Prevention program with such funds unavoidable; 
and 
(B) ensure that sufficient additional funds are provided 
to the Initiatives for Proliferation Prevention Program to offset 
the amount of such payment. 
(b) NUCLEAR CITIES INITIATIVE.—(1) No amounts authorized 
to be appropriated by this title for the Nuclear Cities Initiative 
may be obligated or expended for purposes of the initiative until 
the Secretary of Energy certifies to Congress that Russia has agreed 
to close some of its facilities engaged in work on weapons of mass 
destruction. 
(2) Notwithstanding a certification 
under paragraph (1), 
amounts authorized to be appropriated by this title for the Nuclear 
Cities Initiative may not be obligated or expended for purposes 
of providing assistance under the initiative to more than three 
nuclear cities, and more than two serial production facilities, in 
Russia in fiscal year 2000. 
(3)(A) The Secretary shall conduct a study of the potential 
economic effects of each commercial program proposed under the 
Nuclear Cities Initiative before providing assistance for the conduct 
of the program. The study shall include an assessment regarding 
whether or not the mechanisms for job creation under each program 
are likely to lead to the creation of the jobs intended to be created 
by that program. 
(B) If the Secretary determines as a result of the study that 
the intended commercial benefits of a program are not likely to 
be achieved, the Secretary may not provide assistance for the con-
duct of that program. 
(4) Not later than January 1, 2000, the Secretary shall submit 
to Congress a report describing the participation in or contribution 
to the Nuclear Cities Initiative of each department and agency 
of the United States Government that participates in or contributes 
to the initiative. The report shall describe separately any inter-
agency participation in or contribution to the initiative. 
(c) REPORT.—(1) Not later than January 1, 2000, the Secretary 
of Energy shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report on the Initiatives for Proliferation 
Prevention program and the Nuclear Cities Initiative. 
(2) The report shall include the following: 
(A) A strategic plan for the Initiatives for Proliferation 
Prevention program and for the Nuclear Cities Initiative, which 
shall establish objectives for the program or initiative, as the 
case may be, and means for measuring the achievement of 
such objectives. 
(B) A list of the most successful projects under the Initia-
tives for Proliferation Prevention program, including for each 
such project the name of the institute and scientists who are 
participating or have participated in the project, the number 
of jobs created through the project, and the manner in which 
the project has met the nonproliferation objectives of the United 
States. 
Reports. 
Deadline. 
Deadline. 
113 STAT. 930 
PUBLIC LAW 106-65—OCT. 5, 1999 
(C) A list of the institutes and scientists associated with 
weapons of mass destruction programs or other defense-related 
programs in the states of the former Soviet Union that the 
Department seeks to engage in commercial work under the 
Initiatives for Proliferation Prevention program or the Nuclear 
Cities Initiative, including— 
(i) a description of the work performed by such 
institutes and scientists under such weapons of mass 
destruction programs or other defense-related programs; 
and 
(ii) a description of any work proposed to be performed 
by such institutes and scientists under the Initiatives for 
Proliferation Prevention program or the Nuclear Cities Ini-
tiative, 
(d) NUCLEAR CITIES INITIATIVE DEFINED.—For purposes of this 
section, the term "Nuclear Cities Initiative" means the initiative 
arising pursuant to the March 1998 discussions between the Vice 
President of the United States and the Prime Minister of the 
Russian Federation and between the Secretary of Energy of the 
United States and the Minister of Atomic Energy of the Russian 
Federation. 
SEC. 3137. SUPPORT OF THEATER BALLISTIC MISSILE DEFENSE 
ACTIVITIES OF THE DEPARTMENT OF DEFENSE. 
(a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MISSILE DEFENSE 
ACTIVITIES.—Of the amoiuits authorized to be appropriated to the 
Department of Energy pursuant to section 3101, $25,000,000 shall 
be available for research, development, and demonstration activities 
to support the mission of the Ballistic Missile Defense Organization 
of the Department of Defense, including the following activities: 
(1) Technology development, concept demonstration, and 
integrated testing to improve reliability and reduce risk in 
hit-to-kill interceptors for theater ballistic missile defense. 
(2) Support for science and engineering teams to address 
technical problems identified by the Director of the Ballistic 
Missile Defense Organization as critical to acquisition of a 
theater ballistic missile defense capability. 
(b) MEMORANDUM OF UNDERSTANDING.—The activities referred 
to in subsection (a) shall be carried out under the memorandum 
of understanding entered into by the Secretary of Energy and 
the Secretary of Defense for the use of national laboratories for 
ballistic missile defense programs, as required by section 3131 
of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105-85; 111 Stat. 2034). 
(c) METHOD OF FUNDING.—Funds for activities referred to in 
subsection (a) may be provided— 
(1) by direct payment fi*om funds available pursuant to 
subsection (a); or 
(2) in the case of such an activity carried out by a national 
laboratory but paid for by the Ballistic Missile Defense 
Organization, through a method under which the Secretary 
of Energy waives any requirement for the Department of 
Defense to pay £iny indirect expenses (including overhead £ind 
federal administrative charges) of the Department of Energy 
or its contractors. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 931 
Subtitle 
D—Matters 
Relating 
to 
Safe-
guards, 
Security, 
and 
Counterintel-
ligence 
SEC. 3141. SHORT TITLE. 
This subtitle may be cited as the "Department of Energy FaciU-
ties Safeguards, Security, and Counterintelligence Enhancement 
Act of 1999". 
SEC. 3142. COMMISSION ON SAFEGUARDS, SECURITY, AND COUNTER-
INTELLIGENCE AT DEPARTMENT OF ENERGY FACILITIES. 
(a) ESTABLISHMENT.—There is hereby established a commission 
to be known as the Commission on Safeguards, Security, and 
Counterintelligence at Department of Energy Facilities (in this 
section referred to as the "Commission"). 
(b) MEMBERSHIP AND ORGANIZATION.—(1) The Commission shall 
be composed of nine members appointed from among individuals 
in the public and private sectors who have significant experience 
in matters related to the security of nuclear weapons and materials, 
the classification of information, or counterintelligence matters, as 
follows: 
(A) Two shall be appointed by the chairman of the Com-
mittee on Armed Services of the Senate, in consultation with 
the ranking member of that Committee. 
(B) One shall be appointed by the ranking member of 
the Committee on Armed Services of the Senate, in consultation 
with the chairman of that Committee. 
(C) Two shall be appointed by the chairman of the Com-
mittee on Armed Services of the House of Representatives, 
in consultation with the ranking member of that Committee. 
(D) One shall be appointed by the ranking member of 
the Committee on Armed Services of the House of Representa-
tives, in consultation with the chairman of that Committee. 
(E) One shall be appointed by the Secretary of Defense. 
(F) One shall be appointed by the Director of the Federal 
Bureau of Investigation. 
(G) One shall be appointed by the Director of Central 
Intelligence. 
(2) Members of the Commission shall be appointed for four 
year terms, except as follows: 
(A) One member initially appointed under paragraph (1)(A) 
shall serve a term of two years, to be designated at the time 
of appointment. 
(B) One member initially appointed under paragraph (1)(C) 
shall serve a term of two years, to be designated at the time 
of appointment. 
(C) The member initially appointed under paragraph (1)(E) 
shall serve a term of two years. 
(3) Any vacancy in the Commission shall be filled in the same 
manner as the original appointment and shall not affect the powers 
of the Commission. 
(4)(A) After five members of the Commission have been 
appointed under paragraph (1), the chairman of the Committee 
on Armed Services of the Senate, in consultation with the chairman 
Department of 
Energy Facilities 
Safeguards, 
Security, 
and Counter-
intellig(;nce 
Enhancement 
Act of 1999. 
42 u s e 7383 
note. 
42 u s e 7383. 
113 STAT. 932 
PUBLIC LAW 106-65—OCT. 5, 1999 
of the Committee on Armed Services of the House of Representa-
tives, shall designate the chairman of the Commission from among 
the members appointed under paragraph (1)(A). 
(B) The chairmgm of the Commission may be designated once 
five members of the Commission have been appointed under para-
graph (1). 
(5) The initial members of the Commission shall be appointed 
not later than 60 days after the date of the enactment of this 
Act. 
(6) The members of the Commission shall establish procedures 
for the activities of the Commission, including procedures for calling 
meetings, requirements for quorums, and the manner of taking 
votes. 
(7) The Commission shall meet not less often than once every 
three months. 
(8) The Commission may commence its activities under this 
section upon the designation of the chairman of the Commission 
under paragraph (4). 
(c) DUTIES.—(1) The Commission shall, in accordance with this 
section, review the safeguards, security, and counterintelligence 
activities (including activities relating to information management, 
computer security, and personnel security) at Department of Energy 
facilities to— 
(A) determine the adequacy of those activities to ensure 
the security of sensitive information, processes, and activities 
under the jurisdiction of the Department against threats to 
the disclosure of such information, processes, and activities; 
and 
(B) make recommendations for actions the Commission 
determines as being necessary to ensure that such security 
is achieved and maintained. 
(2) The activities of the Commission under paragraph (1) shall 
include the following: 
(A) An analysis of the sufficiency of the Design Threat 
Basis documents as a basis for the allocation of resources 
for safeguards, security, and counterintelligence activities at 
the Department facilities in light of applicable guidance with 
respect to such activities, including applicable laws, Depart-
ment of Energy orders. Presidential Decision Directives, and 
Executive orders. 
(B) Visits to Department facilities to assess the adequacy 
of the safeguards, security, and counterintelligence activities 
at such facilities. 
(C) Evaluations of specific concerns set forth in Department 
reports regarding the status of safeguards, security, or counter-
intelligence activities at particular Department facilities or at 
facilities throughout the Department. 
(D) Reviews of relevant laws. Department orders, and other 
requirements relating to safeguards, security, and counterintel-
ligence activities at Department facilities. 
(E) Any other activities relating to safeguards, security, 
and counterintelligence activities at Department facilities that 
the Secretary of Energy considers appropriate. 
Deadline. 
(d) REPORT.—(1) Not later than February 15 each yesir, the 
Commission shall submit to the Secretary of Energy and to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report on 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 933 
the activities of the Commission during the preceding year. The 
report shall be submitted in unclassified form, but may include 
a classified annex. 
(2) Each report— 
(A) shall describe the activities of the Commission during 
the year covered by the report; 
(B) shall set forth proposals for any changes in safeguards, 
security, or counterintelligence activities at Department of 
Energy facilities that the Commission considers appropriate 
in light of such activities; and 
(C) may include any other recommendations for legislation 
or administrative action that the Commission considers appro-
priate. 
(e) PERSONNEL MATTERS.—(1)(A) Each member of the Commis-
sion who is not an officer or employee of the Federal Government 
shall be compensated at a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of title 5, United States Code, for 
each day (including travel time) during which such member is 
engaged in the performance of the duties of the Commission. 
(B) All members of the Commission who are officers or 
employees of the United States shall serve without compensation 
by reason of their service on the Commission. 
(2) The members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or 
regular places of business in the performance of services for the 
Commission. 
(3)(A) The Commission may, without regard to the civil service 
laws and regulations, appoint and terminate such personnel as 
may be necessary to enable the Commission to perform its duties. 
(B) The Commission may fix the compensation of the personnel 
of the Commission without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of title 5, United States Code, 
relating to classification of positions and General Schedule pay 
rates. 
(4) Any officer or employee of the United States may be detailed 
to the Commission without reimbursement, and such detail shall 
be without interruption or loss of civil service status or privilege. 
(5) The members and employees of the Commission shall hold 
security clearances appropriate for the matters considered by the 
Commission in the discharge of its duties under this section. 
(f) APPLICABILITY OF FACA.—The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
activities of the Commission. 
(g) FUNDING.—(1) From amounts authorized to be appropriated 
by sections 3101 £ind 3103, the Secretary of Energy shall make 
available to the Commission not more than $1,000,000 for the 
activities of the Commission under this section. 
(2) Amounts made available to the Commission under this 
subsection shall remain available until expended. 
(h) 
TERMINATION OF DEPARTMENT OF ENERGY SECURITY 
MANAGEMENT BOARD.—(1) Section 3161 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 2048; 42 U.S.C. 7251 note) is repealed. 
113 STAT. 934 
PUBLIC LAW 106-65—OCT. 5, 1999 
42 u s e 7274m 
note. 
42 u s e 2165 
note. 
Deadline. 
(2) Section 3162 of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049; 42 U.S.C. 
7274 note) is amended— 
(A) by striking "(a) IN GENERAL.—"; and 
(B) by striking subsection (b). 
SEC. 3143. BACKGROUND INVESTIGATIONS OF CERTAIN PERSONNEL 
AT DEPARTMENT OF ENERGY FACILITIES. 
(a) IN GENERAL.—The Secretary of Energy shall ensure that 
an investigation meeting the requirements of section 145 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2165) is made for each 
Department of Energy employee, or contractor employee, at a 
national laboratory or nuclear weapons production facility who— 
(1) carries out duties or responsibilities in or around a 
location where Restricted Data is present; or 
(2) has or may have regular access to a location where 
Restricted Data is present. 
(b) COMPLMNCE.—The Secretary shall have 15 months from 
the date of the enactment of this Act to meet the requirement 
in subsection (a). 
SEC. 3144. CONDUCT OF SECURITY CLEARANCES. 
(a) RESPONSIBILITY OF FEDERAL BUREAU OF INVESTIGATION.— 
Subsection e. of section 145 of the Atomic Energy Act of 1954 
(42 U.S.C. 2165) is amended— 
(1) by inserting "(1)" before "If; and 
(2) by adding at the end the following new paragraph: 
"(2) In the case of an individual employed in a program known 
as a Special Access Program or a Personnel Security and Assurance 
Program, any investigation required by subsections a., b., and c. 
of this section shall be made by the Federal Bureau of Investiga-
tion.". 
(b) COMPLIANCE.—The Director of the Federal Bureau of Inves-
tigation shall have 18 months from the date of the enactment 
of this Act to meet the responsibilities of the Bureau under sub-
section e.(2) of section 145 of the Atomic Energy Act of 1954, 
as added by subsection (a). 
(c) REPORT.—(1) Not later than six months after the date of 
the enactment of this Act, the Director of the Federal Bureau 
of Investigation shall submit to the committees specified in para-
graph (2) a report on the implementation of the responsibilities 
of the Bureau under subsection e.(2) of that section. That report 
shall include the following: 
(A) An assessment of the capability of the Bureau to execute 
the additional clearance requirements, to include additional 
post-initial investigations. 
(B) An estimate of the additional resources required, to 
include funding, to support the expanded use of the Bureau 
to conduct the additional investigations. 
(C) The extent to which contractor personnel are and would 
be used in the clearance process. 
(2) The committees referred to in paragraph (1) are the fol-
lowing: 
(A) The Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate. 
(B) The Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 935 
SEC. 3145. PROTECTION OF CLASSIFIED INFORMATION DURING LAB- 42 USC 7383b. 
ORATORY-TO-LABORATORY EXCHANGES. 
(a) PROVISION OF TRAINING.—The Secretary of Energy shall 
ensure that all Department of Energy employees and Department 
of Energy contractor employees participating in laboratory-to-lab-
oratory cooperative exchange activities are fully trained in matters 
relating to the protection of classified information and to potential 
espionage and counterintelligence threats. 
(b) COUNTERING OF ESPIONAGE AND INTELLIGENCE-GATHERING 
ABROAD.—(1) The Secretary shall establish a pool of Department 
employees and Department contractor employees who are specially 
trained to counter threats of espionage and intelligence-gathering 
by foreign nationals against Department employees and Department 
contractor employees who travel abroad for laboratory-to-laboratory 
exchange activities or other cooperative exchange activities on 
behalf of the Department. 
(2) The Director of Counterintelligence of the Department of 
Energy may assign at least one employee from the pool established 
under paragraph (1) to accompany a group of Department employees 
or Department contractor employees who travel to any nation des-
ignated to be a sensitive country for laboratory-to-laboratory 
exchange activities or other cooperative exchange activities on 
behalf of the Department. 
SEC. 3146. RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES 
42 USC 7383c. 
BY FOREIGN VISITORS FROM SENSITIVE COUNTRIES. 
(a) BACKGROUND REVIEW REQUIRED.—The Secretary of Energy 
may not admit to any facility of a national laboratory other than 
areas accessible to the general public any individual who is a 
citizen or agent of a nation that is named on the current sensitive 
countries list unless the Secretary first completes a background 
review with respect to that individual. 
(b) MORATORIUM PENDING CERTIFICATION.—(1) During the 
period described in paragraph (2), the Secretary may not admit 
to any facility of a national laboratory other than areas accessible 
to the general public any individual who is a citizen or agent 
of a nation that is named on the current sensitive countries list. 
(2) The period referred to in paragraph (1) is the period begin- Deadlines, 
ning 30 days after the date of the enactment of this Act and 
ending on the later of the following: 
(A) The date that is 90 days after the date of the enactment 
of this Act. 
(B) The date that is 45 days after the date on which 
the Secretary submits to Congress the certifications described 
in paragraph (3). 
(3) The certifications referred to in paragraph (2) are one certifi-
cation each by the Director of Counterintelligence of the Department 
of Energy, the Director of the Federal Bureau of Investigation, 
and the Director of Central Intelligence, of each of the following: 
(A) That the foreign visitors program at that facility com-
plies with applicable orders, regulations, and policies of the 
Department of Energy relating to the safeguarding and security 
of sensitive information and fulfills any counterintelligence 
requirements arising under such orders, regulations, and poli-
cies. 
113 STAT. 936 
PUBLIC LAW 106-65—OCT. 5, 1999 
(B) That the foreign visitors program at that facihty com-
pHes with Presidential Decision Directives and similar require-
ments relating to the safeguarding and security of sensitive 
information and fulfills any counterintelligence requirements 
arising under such Directives or requirements. 
(C) That the foreign visitors program at that facility 
includes adequate protections against the inadvertent release 
of Restricted Data, information important to the national secu-
rity of the United States, and any other sensitive information 
the disclosure of which might harm the interests of the United 
States. 
(D) That the foreign visitors program at that facility does 
not pose an undue risk to the national security interests of 
the United States. 
(c) WAIVER OF MORATORIUM.—(1) The Secretary of Energy may 
waive the prohibition in subsection (b) on a case-by-case basis 
with respect to any specific individual or any specific delegation 
of individuals whose admission to a national laboratory is deter-
mined by the Secretary to be in the interest of the national security 
of the United States. 
(2) Not later than the seventh day of the month following 
a month in which a waiver is made, the Secretary shall submit 
a report in writing providing notice of each waiver made in that 
month to the following: 
(A) The Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate. 
(B) The Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
(3) Each such report shall be in classified form and shall 
contain the identity of each individual or delegation for whom 
such a waiver was made and, with respect to each such individual 
or delegation, the following information: 
(A) A detailed justification for the waiver. 
(B) For each individual with respect to whom a background 
review was conducted, whether the background review deter-
mined that negative information exists with respect to that 
individual. 
(C) The Secretary's certification that the admission of that 
individual or delegation to a national laboratory is in the 
interest of the national security of the United States. 
(4) The authority of the Secretary under paragraph (1) may 
be delegated only to the Director of Counterintelligence of the 
Department of Energy. 
(d) EXCEPTION TO MORATORIUM FOR CERTAIN INDIVIDUALS.— 
The moratorium under subsection (b) shall not apply to £iny person 
who— 
(1) is, on the date of the enactment of this Act, an employee 
or assignee of the Department of Energy, or of a contractor 
of the Department; and 
(2) has undergone a background review in accordance with 
subsection (a). 
(e) EXCEPTION TO MORATORIUM FOR CERTAIN PROGRAMS.—The 
moratorium under subsection (b) shall not apply— 
(1) to activities relating to cooperative threat reduction 
with states of the former Soviet Union; or 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 937 
(2) to the materials protection control and accounting pro-
gram of the Department. 
(f) SENSE OF CONGRESS REGARDING BACKGROUND REVIEWS.— 
It is the sense of Congress that the Secretary of Energy, the Director 
of the Federal Bureau of Investigation, and the Director of Central 
Intelligence should ensure that background reviews carried out 
under this section are completed in not more than 15 days. 
(g) DEFINITIONS.—For purposes of this section: 
(1) The term "background review", commonly known as 
an indices check, means a review of information provided by 
the Director of Central Intelligence and the Director of the 
Federal Bureau of Investigation regarding personal background, 
including information relating to any history of criminal activity 
or to any evidence of espionage. 
(2) The term "sensitive countries list" means the list pre-
scribed by the Secretary of Energy known as the Department 
of Energy List of Sensitive Countries as in effect on January 
1, 1999. 
SEC. 3147. DEPARTMENT OF ENERGY REGULATIONS RELATING TO 
THE 
SAFEGUARDING AND SECURITY OF RESTRICTED 
DATA. 
(a) IN GENERAL.—Chapter 18 of title I of the Atomic Energy 
Act of 1954 (42 U.S.C. 2271 et seq.) is amended by inserting 
after section 234A the following new section: 
"SEC. 234B. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF 42 use 2282b. 
DEPARTMENT OF ENERGY REGULATIONS REGARDING SECURITY OF 
CLASSIFIED OR SENSITIVE INFORMATION OR DATA.— 
"a. Any person who has entered into a contract or agreement 
with the Department of Energy, or a subcontract or subagreement 
thereto, and who violates (or whose employee violates) any 
applicable rule, regulation, or order prescribed or otherwise issued 
by the Secretary pursuant to this Act relating to the safeguarding 
or security of Restricted Data or other classified or sensitive 
information shall be subject to a civil penalty of not to exceed 
$100,000 for each such violation. 
"b. The Secretary shall include in each contract with a con-
tractor of the Department provisions which provide an appropriate 
reduction in the fees or amounts paid to the contractor under 
the contract in the event of a violation by the contractor or con-
tractor employee of any rule, regulation, or order relating to the 
safeguarding or security of Restricted Data or other classified or 
sensitive information. The provisions shall specify various degrees 
of violations and the amount of the reduction attributable to each 
degree of violation. 
"c. The powers and limitations applicable to the assessment 
of civil penalties under section 234A, except for subsection d. of 
that section, shall apply to the assessment of civil penalties under 
this section. 
"d. In the case of an entity specified in subsection d. of section 
234A— 
"(1) the assessment of any civil penalty under subsection 
a. against that entity may not be made until the entity enters 
into a new contract with the Department of Energy or an 
extension of a current contract with the Department; and 
"(2) the total amount of civil penalties under subsection 
a. in a fiscal year may not exceed the total amount of fees 
69-194-01-31 :QL3Partl 
113 STAT. 938 
PUBLIC LAW 106-65—OCT. 5, 1999 
paid by the Department of Energy to that entity in that fiscal 
year.". 
42 use 2282b. 
(b) APPLICABILITY.—Subsection a. of section 234B of the Atomic 
Energy Act of 1954, as added by subsection (a), appUes to any 
violation after the date of the enactment of this Act. 
(c) CLARIFYING AMENDMENT.—The section heading of section 
234A of such Act (42 U.S.C. 2282a) is amended by inserting 
"SAFETY" before "REGULATIONS". 
(d) CLERICAL AMENDMENT.—The table of sections for that Act 
is amended by inserting after the item relating to section 234 
the following new items: 
"Sec. 234A. Civil Monetary Penalties for Violations of Department of Energy Safety 
Regulations. 
"Sec. 234B. Civil Monetary Penalties for Violations of Department of Energy Regu-
lations Regarding Security of Classified or Sensitive Information or 
Data.". 
SEC. 3148. INCREASED PENALTIES FOR MISUSE OF RESTRICTED 
DATA. 
(a) COMMUNICATION OF RESTRICTED DATA.—Section 224 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2274) is amended— 
(1) in clause a., by striking "$20,000" and inserting 
"$100,000"; and 
(2) in clause b., by striking "$10,000" and inserting 
"$500,000". 
(b) RECEIPT OF RESTRICTED DATA.—Section 225 of such Act 
(42 U.S.C. 2275) is amended by striking "$20,000" and inserting 
"$100,000". 
(c) DISCLOSURE OF RESTRICTED DATA.—Section 227 of such 
Act (42 U.S.C. 2277) is amended by striking "$2,500" and inserting 
"$12,500". 
50 u s e 435 note. 
SEC. 3149. SUPPLEMENT TO PLAN FOR DECLASSIFICATION OF 
RESTRICTED DATA AND FORMERLY RESTRICTED DATA. 
(a) SUPPLEMENT TO PLAN.—The Secretary of Energy and the 
Archivist of the United States shall, after consultation with the 
members of the National Security Council and in consultation with 
the Secretary of Defense and the heads of other appropriate Federal 
agencies, develop a supplement to the plan required under sub-
section (a) of section 3161 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 2260; 50 U.S.C. 435 note). 
(b) CONTENTS OF SUPPLEMENT.—The supplement shall provide 
for the application of that plan (including in particular the element 
of the plan required by section 3161(b)(1) of that Act) to all records 
subject to Executive Order No. 12958 that were determined before 
the date of the enactment of that Act to be suitable for declassifica-
tion. 
(c) LIMITATION ON DECLASSIFICATION OF RECORDS.—^All records 
referred to in subsection (b) shall be treated, for purposes of section 
3161(c) of that Act, in the same manner as records referred to 
in section 3161(a) of that Act. 
(d) SUBMISSION OF SUPPLEMENT.—The Secretary of Energy shall 
submit the supplement required under subsection (a) to the recipi-
ents of the plan referred to in section 3161(d) of that Act. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 939 
SEC. 3150. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN 
42 USC 7383d. 
SECURITY 
AND 
COUNTERINTELLIGENCE 
FAILURES 
WITHIN NUCLEAR ENERGY DEFENSE PROGRAMS. 
(a) REQUIRED NOTIFICATION.—The Secretary of Energy shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a notification of each significant nuclear 
defense intelligence loss. Any such notification shall be provided 
only after consultation with the Director of Central Intelligence 
and the Director of the Federal Bureau of Investigation, as appro-
priate. 
(b) SIGNIFICANT NUCLEAR DEFENSE INTELLIGENCE LOSSES.— 
In this section, the term "significant nuclear defense intelligence 
loss" means any national security or counterintelligence failure 
or compromise of classified information at a facility of the Depart-
ment of Energy or operated by a contractor of the Department 
that the Secretary considers likely to cause significant harm or 
damage to the national security interests of the United States. 
(c) MANNER OF NOTIFICATION.—Notification of a significant Deadline, 
nuclear defense intelligence loss imder subsection (a) shall be pro-
vided, in accordance with the procedures established pursuant to 
subsection (d), not later than 30 days after the date on which 
the Department of Energy determines that the loss has taken 
place. 
(d) PROCEDURES.—The Secretary of Energy and the Committees 
on Armed Services of the Senate and House of Representatives 
shall each establish such procedures as may be necessary to protect 
from unauthorized disclosure classified information, information 
relating to intelligence sources and methods, and sensitive law 
enforcement information that is submitted to those committees 
pursuant to this section and that are otherwise necessary to carry 
out the provisions of this section. 
(e) STATUTORY CONSTRUCTION.—(1) Nothing in this section shall 
be construed as authority to withhold any information from the 
Committees on Armed Services of the Senate and House of Rep-
resentatives on the grounds that providing the information to those 
committees would constitute the unauthorized disclosure of classi-
fied information, information relating to intelligence sources and 
methods, or sensitive law enforcement information. 
(2) Nothing in this section shall be construed to modify or 
supersede any other requirement to report information on intel-
ligence activities to the Congress, including the requirement under 
section 501 of the National Security Act of 1947 (50 U.S.C. 413) 
for the President to ensure that the congressional intelligence 
committees are kept fiilly informed of the intelligence activities 
of the United States £ind for those committees to notify promptly 
other congressional committees of any matter relating to intelligence 
activities requiring the attention of those committees. 
SEC. 3151. ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE BY 
42 USC 7383e. 
THE PEOPLE'S REPimLIC OF CHINA. 
(a) ANNUAL REPORT REQUIRED.—The President shall transmit 
to Congress an annual report on the steps being taken by the 
Department of Energy, the Department of Defense, the Federal 
Bureau of Investigation, the Central Intelligence Agency, and all 
other relevant executive departments and agencies to respond to 
espionage and other intelligence activities by the People's Republic 
of China, particularly with respect to— 
113 STAT. 940 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) the theft of sophisticated United States nuclear weapons 
design information; and 
(2) the targeting by the People's Republic of China of United 
States nuclear weapons codes and other national security 
information of strategic concern. 
Deadline. 
(b) INITIAL REPORT.—The first report under this section shall 
be transmitted not later than March 1, 2000. 
42 use 7383f. 
SEC. 3152. REPORT ON COUNTERINTELLIGENCE AND SECURITY PRAC-
TICES AT NATIONAL LABORATORIES. 
Deadline. 
(a) IN GENERAL.—Not later than March 1 of each year, the 
Secretary of Energy shall submit to the Congress a report for 
the preceding year on counterintelligence and security practices 
at the facilities of the national laboratories (whether or not classified 
activities are carried out at the facility). 
(b) CONTENT OF REPORT.—The report shall include, with respect 
to each national laboratory, the following: 
(1) The number of employees, including full-time counter-
intelligence 
and 
security 
professionals 
and 
contractor 
employees. 
(2) A description of the counterintelligence and security 
training courses conducted and, for each such course, any 
requirement that employees successfully complete that course. 
(3) A description of each contract awarded that provides 
an incentive for the effective performance of counterintelligence 
or security activities. 
(4) A description of the requirement that an employee 
report the travel to sensitive countries of that employee 
(whether or not the travel was for official business). 
(5) The number of trips by individuals who traveled to 
sensitive countries, with identification of the sensitive countries 
visited. 
42 use 7383g. 
SEC. 3153. REPORT ON SECURITY VULNERABILITIES OF NATIONAL 
LABORATORY COMPUTERS. 
Deadline. 
(a) REPORT REQUIRED,—Not later than March 1 of each year, 
the National Coimterintelligence Policy Board shall prepare a report 
on the security vulnerabilities of the computers of the national 
laboratories. 
(b) PREPARATION OF REPORT.—In preparing the report, the 
National Counterintelligence Policy Board shall establish a so-called 
"red team" of individuals to perform an operational evaluation 
of the security vulnerabilities of the computers of one or more 
national laboratories, including by direct experimentation. Such 
individuals shall be selected by the National Counterintelligence 
Policy Board from among employees of the Department of Defense, 
the National Security Agency, the Central Intelligence Agency, the 
Federal Bureau of Investigation, and of other agencies, and may 
be detailed to the National Counterintelligence Policy Board fi*om 
such agencies without reimbursement and without interruption or 
loss of civil service status or privilege. 
(c) SUBMISSION OF REPORT TO SECRETARY OF ENERGY AND TO 
Deadline. 
FBI DIRECTOR.—Not later than March 1 of each year, the report 
shall be submitted in classified and unclassified form to the Sec-
retary of Energy and the Director of the Federal Bureau of Inves-
tigation. 
Deadline. 
(d) FORWARDING TO CONGRESSIONAL COMMITTEES.—Not later 
than 30 days after the report is submitted, the Secretary and 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 941 
the Director shall each separately forward that report, with the 
recommendations in classified and unclassified form of the Secretary 
or the Director, as applicable, in response to the findings of that 
report, to the following: 
(1) The Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate. 
(2) The Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
(e) FIRST REPORT.—The first report under this section shall 
be the report for the year 2000. That report shall cover each 
of the national laboratories. 
SEC. 3154. COUNTERINTELLIGENCE POLYGRAPH PROGRAM. 
42 USC 7383h. 
(a) PROGRAM REQUIRED.—The Secretary of Energy, acting 
through the Director of Counterintelligence, shall carry out a 
counterintelligence polygraph program for the defense-related 
activities of the Department. The counterintelligence polygraph pro-
gram shall consist of the administration of counterintelligence poly-
graph examinations to each covered person who has access to high-
risk programs. 
(b) COVERED PERSONS.—For purposes of this section, a covered 
person is one of the following: 
(1) An officer or employee of the Department. 
(2) An expert or consultant under contract to the Depart-
ment. 
(3) An officer or employee of a contractor of the Department. 
(c) HiGH-RiSK PROGRAMS.—For purposes of this section, high-
risk programs are the programs known as— 
(1) Special Access Programs; and 
(2) Personnel Security and Assurance Programs. 
(d) INITIAL TESTING AND CONSENT.—The Secretary may not 
permit a covered person to have initial access to any high-risk 
program unless that person first undergoes a counterintelligence 
polygraph examination and consents in a signed writing to the 
counterintelligence polygraph examinations required by this section. 
(e) ADDITIONAL TESTING.—The Secretary may not permit a 
covered person to have continued access to any high-risk program 
unless that person undergoes a counterintelligence polygraph exam-
ination within five years after that person has initial access, and 
thereafter— 
(1) not less fi^equently than every five years; and 
(2) at any time at the direction of the Director of Counter-
intelligence. 
(f) COUNTERINTELLIGENCE POLYGRAPH EXAMINATION.—For pur-
poses of this section, the term "counterintelligence polygraph exam-
ination" means a polygraph examination using questions reasonably 
calculated to obtain counterintelligence information, including ques-
tions relating to espionage, sabotage, unauthorized disclosure of 
classified information, and unauthorized contact with foreign 
nationals. 
(g) REGULATIONS.—The Secretary shall prescribe any regula-
tions necessary to carry out this section. Those regulations shall 
include procedures, to be developed in consultation with the Federal 
Bureau of Investigation, for— 
(1) identifying and addressing "false positive" results of 
polygraph examinations; and 
113 STAT. 942 
PUBLIC LAW 106-65—OCT. 5, 1999 
(2) ensuring that adverse personnel actions not be taken 
against an individual solely by reason of that individual's 
physiological reaction to a question in a polygraph examination, 
unless reasonable efforts are first made to independently deter-
mine through alternative means the veracity of that individual's 
response to that question. 
(h) PLAN FOR EXTENSION OF PROGRAM.—Not later than 180 
days after the date of the enactment of this Act, the Secretary 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives a plan on extending the program required by this section. 
The plan shall provide for the administration of counterintelligence 
polygraph examinations in accordance with the program to each 
covered person who has access to— 
(1) the programs known as Personnel Assurance Programs; 
and 
(2) the information identified as Sensitive Compartmented 
Information, 
42 use 73831. 
SEC. 3155. DEFINITIONS OF NATIONAL LABORATORY AND NUCLEAR 
WEAPONS PRODUCTION FACILITY. 
For purposes of this subtitle: 
(1) The term "national laboratory means any of the fol-
lowing: 
(A) The Lawrence Livermore National Laboratory, 
Livermore, California. 
(B) The Los Alamos National Laboratory, Los Alamos, 
New Mexico. 
(C) The Sandia National Laboratories, Albuquerque, 
New Mexico and Livermore, California. 
(2) The term "nuclear weapons production facility" means 
any of the following: 
(A) The Kansas City Plant, Kansas City, Missouri. 
(B) The Pantex Plant, Amarillo, Texas. 
(C) The Y-12 Plant, Oak Ridge, Tennessee. 
(D) The tritium operations at the Savannsih River Site, 
Aiken, South Carolina. 
(E) The Nevada Test Site, Nevada. 
42 use 7383J. 
SEC. 3156. DEFINITION OF RESTRICTED DATA. 
In this subtitle, the term "Restricted Data" has the meaning 
given that term in section 11 y. of the Atomic Energy Act of 
1954 (42 U.S.C. 2014(y)). 
Subtitle E—^Matters Relating to Personnel 
5 use 5597 note. 
SEC. 3161. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY 
TO PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS. 
(a) EXTENSION.—Notwithsteinding subsection (c)(2)(D) of section 
663 of the Treasury, Postal Service, £ind General Government 
Appropriations Act, 1997 (as contained in section 101(f) of division 
A of PubUc Law 104-208; 110 Stat. 3009-383; 5 U.S.C. 5597 note), 
the Department of Energy may pay voliuitary separation incentive 
pa3anents under such section 663 to qualifying employees who vol-
untarily separate (whether by retirement or resignation) before 
January 1, 2003. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 943 
(b) REPORT.—(1) Not later than March 15, 2000, the Secretary Deadline, 
of Energy shall submit to the Director of the Office of Personnel 
Management and the specified congressional committees a report 
describing how the Department has, by reason of the provisions 
of subsection (a), paid voluntary separation payments under such 
section 663. 
(2) The report under paragraph (1) shall— 
(A) include the occupations and grade levels of each 
employee with respect to whom the Department has, by reason 
of the provisions of subsection (a), paid voluntary separation 
payonents under such section 663; and 
(B) describe how the paydng of such payments by reason 
of the provisions of subsection (a) relates to the restructuring 
plans of the Department. 
(3) For purposes of this subsection, the term "specified congres-
sional committees" means the following: 
(A) The Committee on Armed Services, the Committee 
on Government Reform, and the Committee on Commerce of 
the House of Representatives. 
(B) The Committee on Armed Services and the Committee 
on Governmental Affairs of the Senate. 
SEC. 3162. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS 
CRITICAL TO THE DEPARTMENT OF ENERGY NUCLEAR 
WEAPONS COMPLEX. 
(a) IN GENERAL.—Subsection (a) of section 3140 of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 621; 42 U.S.C. 2121 note) is amended— 
(1) by striking "the Secretary in the second sentence and 
all that follows through "provide educational assistance" and 
inserting "the Secretary shall provide educational assistance"; 
(2) by striking the semicolon sifter "complex" in the second 
sentence and inserting a period; and 
(3) by striking paragraphs (2) and (3). 
(b) ELIGIBLE INDIVIDUALS.—Subsection (b) of such section is 
amended by inserting "are United States citizens who" in the matter 
preceding paragraph (1) after "program". 
(c) COVERED FACILITIES.—Subsection (c) of such section is 
amended by adding at the end the following new paragraphs: 
"(5) The Lawrence Livermore National Laboratory, Liver-
more, California. 
"(6) The Los Alamos National Laboratory, Los Alamos, 
New Mexico. 
"(7) The Sandia National Laboratories, Albuquerque, New 
Mexico, and Livermore, California.". 
(d) AGREEMENT REQUIRED.—Subsection (f) of such section is 
amended to read as follows: 
"(f) AGREEMENT.—(1) The Secretary may allow an individual 
to participate in the program only if the individual signs an agree-
ment described in paragraph (2). 
"(2) An agreement referred to in paragraph (1) shall be in 
writing, shall be signed by the participant, and shall include the 
participant's agreement to serve, after completion of the course 
of study for which the assistance was provided, as a full-time 
employee in a position in the Department of Energy for a period 
of time to be established by the Secretary of Energy of not less 
than one year, if such a position is offered to the participant.". 
113 STAT. 944 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
(e) PLAN.—(1) Not later than January 1, 2000, the Secretary 
of Energy shall submit to the congressional defense committees 
a plan for the administration of the fellowship program under 
section 3140 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 42 U.S.C. 2121 note), as amended 
by this section. 
(2) The plan shall include the criteria for the selection of 
individuals for participation in such fellowship program and a 
description of the provisions to be included in the agreement 
required by subsection (f) of such section (as amended by this 
section), including the period of time established by the Secretary 
for the participants to serve as employees. 
if) FUNDING.—Of the funds authorized to be appropriated to 
the Department of Energy pursuant to section 3101, $5,000,000 
shall be available only to conduct the fellowship program under 
section 3140 of the National Defense Authorization Act for Fiscal 
Yedr 1996 (Public Law 104-106; 42 U.S.C. 2121 note), as amended 
by this section. 
SEC. 3163. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE 
DEPARTMENT 
OF DEFENSE 
AND DEPARTMENT OF 
ENERGY. 
(a) ADMINISTRATION OF JOINT NUCLEAR WEAPONS COUNCIL.— 
(1) Subsection (b) of section 179 of title 10, United States Code, 
is amended by adding at the end the following new paragraph: 
"(3) The Council shall meet not less often than once every 
three months.". 
(2) Subsection (c) of that section is amended by adding at 
the end the following new paragraph: 
"(3)(A) Whenever the position of Assistant to the Secretary 
of Defense for Nuclear and Chemical and Biological Defense Pro-
grams has been vacant a period of more than 6 months, the Sec-
retary of Energy shall designate a qualified individual to serve 
as acting staff director of the Council until the position of that 
Assistant to the Secretary is filled. 
"(B) An individual appointed under subparagraph (A) shall 
possess substantial technical and policy experience relevant to the 
management and oversight of nuclear weapons programs.". 
(b) REVITALIZATION OF JOINT NUCLEAR WEAPONS COUNCIL.— 
Deadline. 
(1) The Secretary of Defense and the Secretary of Energy shall 
jointly prepare, and not later than March 15, 2000, submit to 
the committees specified in subsection (g), a plan to revitalize 
the Joint Nuclear Weapons Council established by section 179 of 
title 10, United States Code. 
(2) The plan shall include any proposed modification to the 
membership or responsibilities of the Council that the Secretaries 
jointly determine advisable to enhance the capability of the Council 
to ensure the integration of Department of Defense requirements 
for nuclear weapons into the programs and budget processes of 
the Department of Energy. 
(c) ANNUAL REPORT ON COUNCIL ACTIVITIES.—Section 179(f) 
of title 10, United States Code, is amended by adding at the end 
the following: 
"(3) A description of the activities of the Council during 
the 12-month period ending on the date of the report together 
with any assessments or studies conducted by the Council 
during that period. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 945 
"(4) A description of the highest priority requirements of 
the Department of Defense with respect to the Department 
of Energy stockpile stewardship and management program as 
of that date. 
"(5) An assessment of the extent to which the requirements 
referred to in paragraph (4) are being addressed by the Depart-
ment of Energy as of that date.". 
(d) NUCLEAR MISSION MANAGEMENT PLAN.—(1) The Secretary 
lo use ii3 note, 
of Defense shall develop and implement a plan to ensure the contin-
ued reliability of the capability of the Department of Defense to 
carry out its nuclear deterrent mission. 
(2) The plan shall do the following: 
(A) Articulate the current policy of the United States on 
the role of nuclear weapons and nuclear deterrence in the 
conduct of defense and foreign relations matters. 
(B) Establish stockpile viability and capability require-
ments with respect to that mission, including the number and 
variety of warheads required. 
(C) Establish requirements relating to the contractor indus-
trial base, support infrastructure, and surveillance, testing, 
assessment, and certification of nuclear weapons necessary to 
support that mission. 
(3) The plan shall take into account the following: 
(A) Requirements for the critical skills, readiness, training, 
exercise, eind testing of personnel necessary to meet that mis-
' 
sion. 
(B) The relevant programs and plans of the military depart-
ments and the Defense Agencies with respect to readiness, 
sustainment (including research and development), and mod-
ernization of the strategic deterrent forces. 
(e) NUCLEAR EXPERTISE RETENTION MEASURES.—(1) Not later Deadline, 
than March 15, 2000, the Secretary of Energy and Secretary of 
Defense shall submit to the committees specified in subsection 
(g) a joint plan setting forth the actions that the Secretaries consider 
necessary to retain core scientific, engineering, and technical skills 
and capabilities within the Department of Energy, the Department 
of Defense, and the contractors of those departments in order to 
maintain the United States nuclear deterrent force indefinitely. 
(2) The plan shall include the following elements: 
(A) A baseline of current skills and capabilities by location. 
(B) A statement of the skills or capabilities that are at 
risk of being lost within the next ten years. 
(C) A statement of measures that will be taken to retain 
such skills and capabilities. 
(D) A proposal for recruitment measures to address the 
loss of such skills or capabilities. 
(E) A proposal for the training and evaluation of personnel 
with core scientific, engineering, and technical skills and 
capabilities. 
(F) A statement of the additional advanced manufacturing 
programs and process engineering programs that are required 
to maintain the nuclear deterrent force indefinitely. 
(G) An assessment of the desirability of establishing a 
nuclear weapons workforce reserve to ensure the availability 
of the skills and capabilities of present and former employees 
of the Department of Energy, the Department of Defense, and 
113 STAT. 946 
PUBLIC LAW 106-65—OCT. 5, 1999 
the contractors of those departments in the event of an urgent 
future need for such skills and capabilities. 
(f) REPORTS ON CRITICAL DIFFICULTIES AT NUCLEAR WEAPONS 
LABORATORIES.—Section 3159 of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842; 
42 U.S.C. 7274o) is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section: 
"(d) 
INCLUSION OF REPORTS IN ANNUAL STOCKPILE CERTIFI-
CATION.—Any report submitted pursuant to subsection (a) shall 
also be included with the decision documents that accompany the 
annual certification of the safety and reliability of the United States 
nuclear weapons stockpile which is provided to the President for 
the year in which such report is submitted.". 
(g) SPECIFIED COMMITTEES.—The committees specified in this 
subsection are the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives. 
42 use 7239. 
SEC. 3164. WmSTLEBLOWER PROTECTION PROGRAM. 
Establishment. 
(a) PROGRAM REQUIRED.—The Secretary of Energy shall estab-
lish a program to ensure that covered individuals may not be 
discharged, demoted, or otherwise discriminated against as a 
reprisal for making protected disclosures. 
(b) COVERED INDIVIDUALS.—For purposes of this section, a cov-
ered individual is £in individual who is an employee of the Depart-
ment of Energy, or of a contractor of the Department, who is 
engaged in the defense activities of the Department. 
(c) PROTECTED DISCLOSURES.—For purposes of this section, a 
protected disclosure is a disclosure— 
(1) made by a covered individual who takes appropriate 
steps to protect the security of the information in accordance 
with guidance provided under this section; 
(2) made to a person or entity specified in subsection (d); 
and 
(3) of classified or other information that the covered indi-
vidual reasonably believes to provide direct and specific evi-
dence of Einy of the following: 
(A) A violation of law or Federal regulation. 
(B) Gross mismanagement, a gross waste of fimds, 
or abuse of authority. 
(C) A false statement to Congress on an issue of mate-
rial fact. 
(d) PERSONS AND ENTITIES TO WHICH DISCLOSURES MAY BE 
MADE.—^A person or entity specified in this subsection is any of 
the following: 
(1) A member of a fcommittee of Congress having primary 
responsibility for oversight of the department, agency, or ele-
ment of the Government to which the disclosed information 
relates. 
(2) An employee of Congress who is a staff member of 
such a committee and has an appropriate security clearance 
for access to information of the type disclosed. 
(3) The Inspector General of the Department of Energy. 
(4) The Federal Bureau of Investigation. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 947 
(5) Any other element of the Government designated by 
the Secretary as authorized to receive information of the type 
disclosed. 
(e) OFFICIAL CAPACITY OF PERSONS TO WHOM INFORMATION 
IS DISCLOSED.—^A member of, or an employee of Congress who 
is a staff member of, a committee of Congress specified in subsection 
(d) who receives a protected disclosure under this section does 
so in that member or employee's official capacity as such a member 
or employee. 
(f) ASSISTANCE AND GUIDANCE.—The Secretary, acting through 
the Inspector General of the Department of Energy, shall provide 
assistance and guidance to each covered individual who seeks to 
make a protected disclosure under this section. Such assistance 
£ind guidance shall include the following: 
(1) Identifying the persons or entities under subsection 
(d) to which that disclosure may be made. 
(2) Advising that individual regarding the steps to be tgiken 
to protect the security of the information to be disclosed. 
(3) Taking appropriate actions to protect the identity of 
that individual throughout that disclosure. 
(4) Taking appropriate actions to coordinate that disclosure 
with any other Federal agency or agencies that originated 
the information. 
(g) REGULATIONS.—The Secretary shall prescribe regulations 
to ensure the security of any information disclosed under this 
section. 
(h) NOTIFICATION TO COVERED INDIVIDUALS.—The Secretary 
shall notify each covered individual of the following: 
(1) The rights of that individual under this section. 
(2) The assistance and guidance provided under this sec-
tion. 
(3) That the individual has a responsibility to obtain that 
assistance and guidance before seeking to make a protected 
disclosure. 
(i) COMPLAINT BY COVERED INDIVIDUALS.—If a covered indi-
vidual believes that that individual has been discharged, demoted, 
or otherwise discriminated against as a reprisal for making a pro-
tected disclosure under this section, the individual may submit 
a complaint relating to such matter to the Director of the Office 
of Hearings and Appeals of the Department of Energy. 
(j) INVESTIGATION BY OFFICE OF HEARINGS AND APPEALS.— 
(1) For each complaint submitted under subsection (i), the Director 
of the Office of Hearings and Appeals shall— 
(A) determine whether or not the complaint is frivolous; 
and 
(B) if the Director determines the complaint is not frivolous, 
conduct an investigation of the complaint. 
(2) The Director shall submit a report on each investigation 
Reports. 
undertaken under paragraph (1)(B) to— 
(A) the individual who submitted the complaint on which 
the investigation is based; 
(B) the contractor concerned, if any; and 
(C) the Secretary of Energy. 
(k) REMEDIAL ACTION.—(1) Whenever the Secretary determines 
that a covered individual has been discharged, demoted, or other-
wise discriminated against as a reprisal for making a protected 
disclosure under this section, the Secretary shall— 
113 STAT. 948 
PUBLIC LAW 106-65—OCT. 5, 1999 
(A) in the case of a Department employee, take appropriate 
actions to abate the action; or 
(B) in the case of a contractor employee, order the con-
tractor concerned to take appropriate actions to abate the 
action. 
(2)(A) If a contractor fails to comply with an order issued 
under paragraph (1)(B), the Secretary may file an action for enforce-
ment of the order in the appropriate United States district court. 
(B) In any action brought under subparagraph (A), the court 
may grant appropriate relief, including injunctive relief and compen-
satory and exemplary damages. 
(1) RELATIONSHIP TO OTHER LAWS.—^The protections provided 
by this section are independent of, and not subject to any limitations 
that may be provided in, the Whistleblower Protection Act of 1989 
(Public Law 101-512) or any other law that may provide protection 
for disclosures of information by employees of the Department of 
Energy or of a contractor of the Department. 
Deadline. 
(m) ANNUAL REPORT.—(1) Not later than 30 days after the 
commencement of each fiscal year, the Director shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report on 
the investigations undertaken under subsection (j)(l)(B) during the 
preceding fiscal year, including a summary of the results of each 
such investigation. 
(2) A report under paragraph (1) may not identify or otherwise 
provide any information about an individual submitting a complaint 
under this section without the consent of the individual. 
(n) IMPLEMENTATION REPORT.—Not later than 60 days after 
the date of the enactment of this Act, the Secret£iry shall submit 
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report 
describing the implementation of the program required by this 
section. 
Subtitle F—Other Matters 
SEC. 3171. REQUIREMENT FOR PLAN TO IMPROVE REPROGRAMMING 
PROCESSES. 
Deadline. 
Not later than November 15, 1999, the Secretary of Energy 
shall submit to the congressional defense committees a report on 
improving the reprogramming processes relating to the defense 
activities of the Department of Energy. The report shall include 
a plan to ensure that the reprogramming requests of the Depart-
ment relating to those activities are submitted in a timely and 
disciplined manner. 
SEC. 3172. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN. 
(a) PLAN.—The Secretary of Energy shall develop a long-term 
plan for the integrated management of fissile materials by the 
Department of Energy. The plan shall— 
(1) identify means of coordinating or integrating the respon-
sibilities of the Office of Environmental Management, the Office 
of Fissile Materials Disposition, the Office of Nuclear Energy, 
and the Office of Defense Programs for the treatment, storage 
and disposition of fissile materials, and for the waste streams 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 949 
containing fissile materials, in order to achieve budgetary and 
other efficiencies in the discharge of those responsibilities; and 
(2) identify any expenditures necessary at the sites that 
are anticipated to have an enduring mission for plutonium 
management in order to achieve the integrated management 
of fissile materials by the Department. 
(b) SUBMITTAL TO CONGRESS.—The Secretary shall submit the Deadline, 
plan required by subsection (a) to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House 
of Representatives not later than March 31, 2000. 
SEC. 3173. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR 
50 USC 435 note. 
DECLASSIFICATION ACTIVITIES AND LIMITATION ON 
EXPENDITURES FOR SUCH ACTIVITIES. 
(a) AMOUNTS FOR DECLASSIFICATION OF RECORDS.—The Sec-
retary of Energy shall include in the budget justification materials 
submitted to Congress in support of the Department of Energy 
budget for any fiscal year (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code) 
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 Executive Order No. 12958 (50 
U.S.C. 435 note), or any successor Executive order, or to comply 
with any statutory requirement to declassify Government records. 
(b) CERTIFICATION REQUIRED WITH RESPECT TO AUTOMATIC 
DECLASSIFICATION OF RECORDS.—NO records of the Department of 
Energy that have not as of the date of the enactment of this 
Act been reviewed for declassification shall be subject to automatic 
declassification unless the Secretary of Energy certifies to Congress 
that such declassification would not harm the national security. 
(c) REPORT ON AUTOMATIC DECLASSIFICATION OF DEPARTMENT 
OF ENERGY RECORDS.—Not later than February 1, 2001, the Sec- Deadline. 
retary of Energy shall submit to the Committee on Armed Services 
of the House of Representatives and the Committee on Armed 
Services of the Senate a report on the efforts of the Department 
of Energy relating to the declassification of classified records under 
the control of the Department of Energy. Such report shall include 
the following: 
(1) An assessment of whether the Department will be able 
to review all relevant records for declassification before any 
date established for automatic declassification. 
(2) An estimate of the number of records, if any, that 
the Department will be unable to review for declassification 
before any such date and the effect on national security of 
the automatic declassification of those records. 
(3) An estimate of the length of time by which any such 
date would need to be extended to avoid the automatic declas-
sification of records that have not yet been reviewed as of 
such date. 
SEC. 3174. SENSE 
OF 
CONGRESS 
REGARDING 
TECHNOLOGY 
TRANSFER 
COORDINATION 
FOR 
DEPARTMENT 
OF 
ENERGY NATIONAL LABORATORIES. 
(a) TECHNOLOGY TRANSFER COORDINATION.—It is the sense of Deadline. 
Congress that, within 90 days after the date of the enactment 
of this Act, the Secretary of Energy should ensure, for each national 
laboratory, the following: 
113 STAT. 950 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) Consistency of technology transfer policies and proce-
dures with respect to patenting, licensing, eind commercializa-
tion. 
(2) Training to ensure that laboratory personnel responsible 
for patenting, licensing, and commercialization activities are 
knowledgeable of the appropriate legal, procedural, and ethical 
standards. 
(b) DEFINITION OF NATIONAL LABORATORY.—AS used in this 
section, the term "national laboratory" means any of the following 
laboratories: 
(1) The Los Alamos National Laboratory, Los Alamos, New 
Mexico. 
(2) The Lawrence Livermore National Laboratory, Liver-
more, California. 
(3) The Sandia National Laboratories, Albuquerque, New 
Mexico, and Livermore, California. 
42 use 7257 
SEC. 3175. PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT 
note. 
REGARDING DEPARTMENT OF ENERGY CONSTRUCTION 
PROJECTS. 
(a) REQUIREMENT.—(1) The Secretary of Energy shall carry 
out a pilot program on use of project management oversight services 
(in this section referred to as "PMO services") for construction 
projects of the Department of Energy. 
(2) The purpose of the pilot program shall be to provide a 
basis for determining whether or not the use of competitively pro-
cured, external PMO services for those construction projects would 
permit the Department to control excessive costs and schedule 
delays associated with those construction projects that have large 
capital costs. 
(b) PROJECTS COVERED BY PROGRAM,—(1) Subject to paragraph 
(2), the Secretary shall carry out the pilot program at construction 
projects selected by the Secretary. The projects shall include one 
or more construction projects authorized pursuant to section 3101 
and one construction project authorized pursuant to section 3102. 
(2) Each project selected by the Secretary shall be a project 
having capital construction costs anticipated to be not less than 
$25,000,000. 
(c) SERVICES UNDER PROGRAM.—The PMO services used under 
the pilot program shall include the following services: 
(1) Monitoring the overall progress of a project. 
(2) Determining whether or not a project is on schedule. 
(3) Determining whether or not a project is within budget. 
(4) Determining whether or not a project conforms with 
plans and specifications approved by the Department. 
(5) Determining whether or not a project is being carried 
out efficiently and effectively. 
(6) Any other management oversight services that the Sec-
retary considers appropriate for purposes of the pilot program. 
(d) PROCUREMENT OF SERVICES UNDER PROGRAM.—Any PMO 
services procured under the pilot program shall be acquired— 
(1) on a competitive basis; and 
(2) from among commercial entities that— 
(A) do not currently manage or operate facilities at 
a location where the pilot program is being conducted; 
and 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 951 
(B) have an expertise in the management of large 
construction projects. 
(e) REPORT.—Not later than February 1, 2000, the Secretary 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the pilot program. 
The report shall include the assessment of the Secretary as to 
the feasibility and desirability of using PMO services for construc-
tion projects of the Department. 
SEC. 3176. PILOT 
PROGRAM 
OF 
DEPARTMENT 
OF 
ENERGY TO 
AUTHORIZE USE OF PRIOR YEAR UNOBLIGATED BAL-
ANCES FOR ACCELERATED SITE CLEANUP AT ROCKY 
FLATS ENVIRONMENTAL TECHNOLOGY SITE, COLORADO. 
(a) AUTHORITY TO USE AMOUNTS.—The Secretary of Energy 
shall carry out a pilot program under which the Secretary may 
use prior year unobligated balances in the defense environment 
management account for the closure project of the Department 
of Energy at the Rocky Flats Environmental Technology Site, Colo-
rado, for purposes of meeting accelerated cleanup schedule mile-
stones with respect to that closure project. The amount of prior 
year unobligated balances that are obligated under the pilot pro-
gram in any fiscal year may not exceed $15,000,000. 
(b) NOTICE OF INTENT TO USE AUTHORITY.—Not less than 30 
days before any obligation of fiinds under the pilot program under 
subsection (a), the Secretary shall notify the congressional defense 
committees of the intent of the Secretary to make such obligation. 
(c) REPORT ON PILOT PROGRAM.—Not later than July 31, 2002, 
the Secretary shall submit to the congressional defense committees 
and the Committee on Commerce of the House of Representatives 
a report on the implementation of the pilot program carried out 
under subsection (a). The report shall include the following: 
(1) Any use of the authority under that pilot program. 
(2) The recommendations of the Secretary as to whether— 
(A) the termination date in subsection (d) should be 
extended; and 
(B) the authority under that pilot program should be 
applied to additional closure projects of the Department. 
(d) TERMINATION.—The authority to obligate fiinds under the 
pilot program shall cease to be in effect at the close of September 
30, 2002. 
SEC. 3177. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM 
ROCKY FLATS ENVIRONMENTAL TECHNOLOGY 
SITE, 
COLORADO, TO WASTE ISOLATION PILOT PLANT, NEW 
MEXICO. 
(a) SUBMITTAL OF PROPOSED SCHEDULE.—Not later than 60 
days after the date of the enactment of this Act, the Secretary 
of Energy shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services and the Com-
mittee on Commerce of the House of Representatives a proposed 
schedule for shipment of mixed and unmixed transuranic waste 
from the Rocky Flats Environmental Technology Site, Colorado, 
to the Waste Isolation Pilot Plant, New Mexico. The proposed 
schedule shall identify a schedule for certifying, producing, and 
delivering appropriate shipping containers. 
(b) REQUIREMENTS REGARDING SCHEDULE.—In preparing 
the 
schedule required under subsection (a), the Secretary shall assume 
the following: 
Deadline. 
Deadline. 
Deadline. 
113 STAT. 952 
PUBLIC LAW 106-65—OCT. 5, 1999 
(1) That the Rocky Flats Environmental Technology Site 
will have a closure date that is in 2006. 
(2) That all waste that is transferable from the Rocky 
Flats Environmental Technology Site to the Waste Isolation 
Pilot Plant will be removed from the Rocky Flats Environmental 
Technology Site by that closure date as specified in the current 
2006 Rocky Flats Environmental Technology Site Closure Plan. 
(3) That, to the maximum extent practicable, shipments 
of waste from the Rocky Flats Environmental Technology Site 
to the Waste Isolation Pilot Plant will be carried out on an 
expedited schedule, but not interfere with other shipments 
of waste to the Waste Isolation Pilot Plgmt that are planned 
as of the date of the enactment of this Act. 
SEC. 3178. COMPTROLLER GENERAL REPORT ON CLOSURE OF ROCKY 
FLATS ENVIRONMENTAL TECHNOLOGY SITE, COLORADO. 
Deadline. 
(a) REPORT.—Not later than December 31, 2000, the Comp-
troller General shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report assessing 
the progress in the closure of the Rocky Flats Environmental Tech-
nology Site, Colorado. 
(b) REPORT ELEMENTS.—The report shall address and make 
recommendations on the following: 
(1) How decisions with respect to the future use of the 
Rocky Flats Environmental Technology Site affect ongoing 
cleanup at the site. 
(2) How failure to make decisions with respect to the future 
use of the Rocky Flats site affect ongoing cleanup at that 
site. 
(3) Whether the Secretary of Energy could provide addi-
tional flexibility to the contractor at the Rocky Flats site in 
order to accelerate the cleanup of that site. 
(4) Whether the Secretary could take additional actions 
throughout the nuclear weapons complex of the Department 
of Energy in order to accelerate the closure of the Rocky Flats 
site. 
(5) The developments, if any, since the April 1999 report 
of the Comptroller General that could alter the pace of the 
closure of the Rocky Flats site. 
(6) The possibility of closure of the Rocky Flats site by 
2006. 
(7) The actions that should be taken by the Secretary 
or Congress to ensure that the Rocky Flats site will be closed 
by 2006. 
(8) The impact of the schedule to transport mixed and 
unmixed transuranic waste on the ability of the Secretary 
to close the Rocky Flats site by 2006. 
SEC. 3179. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT 
PLANT, NEW MEXICO. 
Section 1433(a) of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2073) is amended 
in the second sentence by striking "nine additional one-year periods" 
and inserting "fourteen additional one-year periods". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 953 
National Nuclear 
Security 
Administration 
Act. 
TITLE XXXII—NATIONAL NUCLEAR 
SECURITY ADMINISTRATION 
Sec. 3201. Short title. 
Sec. 3202. Under Secretary for Nuclear Security of Department of Energy. 
Sec. 3203. Establishment of policy for National Nuclear Security Administration. 
Sec. 3204. Organization of Department of Energy counterintelligence and intel-
ligence programs and activities. 
Subtitle A—^Establishment and Organization 
Sec. 3211. Establishment and mission. 
Sec. 3212. Administrator for Nuclear Security. 
Sec. 3213. Status of Administration and contractor personnel within Department of 
Energy. 
Sec. 3214. Deputy Administrator for Defense Programs. 
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation. 
Sec. 3216. Deputy Administrator for Naval Reactors. 
Sec. 3217. General Counsel. 
Sec. 3218. Staff of Administration. 
Subtitle B—Matters Relating to Security 
Sec. 3231. Protection of national security information. 
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of Defense Nu-
clear Security. 
Sec. 3233. Counterintelligence programs. 
Sec. 3234. Procedures relating to access by individuals to classified areas and infor-
mation of Administration. 
Sec. 3235. Grovernment access to information on Administration computers. 
Sec. 3236. Congressional oversight of special access programs. 
Subtitle C—Matters Relating to Personnel 
Sec. 3241. Authority to establish certain scientific, engineering, and technical posi-
tions. 
Sec. 3242. Voluntary early retirement authority. 
Sec. 3243. Severance pay. 
Sec. 3244. Continued coverage of health care benefits. 
Subtitle D—Budget and Financial Management 
Sec. 3251. Separate treatment in budget. 
Sec. 3252. Planning, programming, and budgeting process. 
Sec. 3253. Future-years nuclear security program. 
Subtitle E—^Miscellaneous Provisions 
Sec. 3261. Environmental protection, safety, and health requirements. 
Sec. 3262. Compliance with Federal Acquisition Regulation. 
Sec. 3263. Sharing of technology with Department of Defense. 
Sec. 3264. Use of capabilities of national security laboratories by entities outside 
the Administration. 
Subtitle F—Definitions 
Sec. 3281. Definitions. 
Subtitle Gr—^Amendatory Provisions, Transition Provisions, and Effective 
Dates 
Sec. 3291. Functions transferred. 
Sec. 3292. Transfer of funds and employees. 
Sec. 3293. Pay levels. 
Sec. 3294. Conforming amendments. 
Sec. 3295. Transition provisions. 
Sec. 3296. Applicability of preexisting laws and regulations. 
Sec. 3297. Report containing implementation plan of Secretary of Energy. 
Sec. 3298. Classification in United States Code. 
Sec. 3299. Effective dates. 
SEC. 3201. SHORT TITLE. 
50 USC 2401 
This title m a y be cited as the "National Nuclear 
Security 
Administration Act". 
113 STAT. 954 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 
3202. UNDER 
SECRETARY 
FOR 
NUCLEAR 
SECURITY 
OF 
DEPART-
MENT 
OF 
ENERGY. 
Section 202 of the Department of Energy Organization Act 
(42 U.S.C. 7132) is amended by adding at the end the following 
new subsection: 
"(c)(1) There shall be in the Department an Under Secretary 
for Nuclear Security, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Under 
Secretary shall be compensated at the rate provided for at level 
III of the Executive Schedule under section 5314 of title 5, United 
States Code. 
"(2) The Under Secretary for Nuclear Security shall be 
appointed from among persons who— 
"(A) have extensive background in national security, 
organizational management, and appropriate technical fields; 
and 
"(B) are well qualified to manage the nuclear weapons, 
nonproliferation, and materials disposition programs of the 
National Nuclear Security Administration in a manner that 
advances and protects the national security of the United 
States. 
"(3) The Under Secretary for Nuclear Security shall serve as 
the Administrator for Nuclear Security under section 3212 of the 
National Nuclear Security Administration Act. In carrying out the 
functions of the Administrator, the Under Secretary shall be subject 
to the authority, direction, and control of the Secretary. Such 
authority, direction, and control may be delegated only to the 
Deputy Secretary of Energy, without redelegation.". 
SEC. 3203. ESTABLISHMENT OF POLICY FOR NATIONAL NUCLEAR 
SECURITY ADMINISTRATION. 
(a) 
ESTABLISHMENT OF POLICY FOR ADMINISTRATION.—The 
Department of Energy Organization Act is amended by adding 
at the end of title II (42 U.S.C. 7131 et seq.) the following new 
section: 
"ESTABLISHMENT OF POLICY FOR NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
42 use 7144. 
"SEC 213. (a) The Secretary shall be responsible for establishing 
policy for the National Nuclear Security Administration. 
"(b) The Secretary may direct officials of the Department who 
are not within the National Nuclear Security Administration to 
review the programs and activities of the Administration and to 
make recommendations to the Secretary regarding administration 
of those programs £ind activities, including consistency with other 
similar programs and activities of the Department. 
"(c) The Secretary shall have adequate staff to support the 
Secretary in carrjdng out the Secretary's responsibilities under this 
section.". 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of the Department of Energy Organization Act is amended 
by inserting after the item relating to section 212 the following 
new item: 
"213. Establishment of policy for National Nuclear Security Administration.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 955 
SEC. 3204. ORGANIZATION OF DEPARTMENT OF ENERGY COUNTER-
INTELLIGENCE AND INTELLIGENCE PROGRAMS AND 
ACTIVITIES. 
(a) ESTABLISHMENT OF OFFICES.—The Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.) is amended by inserting 
after section 213, as added by section 3203(a), the following new 
sections: 
"ESTABLISHMENT OF SECURITY, COUNTERINTELLIGENCE, AND 
INTELLIGENCE POLICIES 
"SEC. 214. The Secretary shall be responsible for developing 
and promulgating the security, counterintelligence, and intelligence 
policies of the Department. The Secretary may use the immediate 
staff of the Secretary to assist in developing and promulgating 
those policies. 
42 u s e 7144a. 
OFFICE OF COUNTERINTELLIGENCE 
"SEC. 215. (a) There is within the Department an Office of 42 USC 7144b. 
Counterintelligence. 
"(b)(1) The head of the Office shall be the Director of the 
Office of Counterintelligence, which shall be a position in the Senior 
Executive Service. The Director of the Office shall report directly 
to the Secretary. 
"(2) The Secretary shall select the Director of the Office from 
among individuals who have substantial expertise in matters 
relating to counterintelligence. 
"(3) The Director of the Federal Bureau of Investigation may 
detail, on a reimbursable basis, any employee of the Bureau to 
the Department for service as Director of the Office. The service 
of an employee of the Bureau as Director of the Office shall not 
result in any loss of status, right, or privilege by the employee 
within the Bureau. 
"(c)(1) The Director of the Office shall be responsible for estab-
lishing policy for counterintelligence programs and activities at 
Department facilities in order to reduce the threat of disclosure 
or loss of classified and other sensitive information at such facilities. 
"(2) The Director of the Office shall be responsible for estab-
lishing policy for the personnel assurance programs of the Depart-
ment. 
"(3) The Director shall inform the Secretary, the Director of 
Central Intelligence, and the Director of the Federal Bureau of 
Investigation on a regular basis, and upon specific request by any 
such official, regarding the status and effectiveness of the counter-
intelligence programs and activities at Department facilities. 
"(d)(1) Not later than March 1 each year, the Director of the Reports. 
Office shall submit a report on the status and effectiveness of Deadline, 
the counterintelligence programs and activities at each Department 
facility during the preceding year. Each such report shall be sub-
mitted to the following: 
"(A) The Secretary. 
"(B) The Director of Central Intelligence. 
"(C) The Director of the Federal Bureau of Investigation. 
"(D) The Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
113 STAT. 956 
PUBLIC LAW 106-65—OCT. 5, 1999 
Deadline. 
"(E) The Committee on Armed Services and the Select 
Committee on InteUigence of the Senate. 
"(2) Each such report shall include for the year covered by 
the report the following: 
"(A) A description of the status and effectiveness of the 
counterintelligence programs and activities at Department 
facilities. 
"(B) A description of any violation of law or other require-
ment relating to intelligence, counterintelligence, or security 
at such facilities, including— 
"(i) the number of violations that were investigated; 
and 
"(ii) the number of violations that remain unresolved. 
"(C) A description of the number of foreign visitors to 
Department facilities, including the locations of the visits of 
such visitors. 
"(D) The adequacy of the Department's procedures and 
policies for protecting national security information, making 
such recommendations to Congress as may be appropriate. 
"(E) A determination of whether each Department of 
Energy national laboratory is in full compliance with all depart-
mental security requirements and, in the case of any such 
laboratory that is not, what measures are being taken to bring 
that laboratory into compliance. 
"(3) Not less than 30 days before the date that the report 
required by paragraph (1) is submitted, the director of each Depart-
ment of Energy national laboratory shall certify in writing to the 
Director of the Office whether that laboratory is in full compliance 
with all departmental security requirements and, if not, what meas-
ures are being taken to bring that laboratory into compliance and 
a schedule for implementing those measures. 
"(4) Each report under this subsection as submitted to the 
committees referred to in subparagraphs (D) and (E) of paragraph 
(1) shall be submitted in unclassified form, but may include a 
classified annex. 
"OFFICE OF INTELLIGENCE 
42 use 7144c. 
"SEC. 216. (a) There is within the Department an Office of 
Intelligence. 
"(b)(1) The head of the Office shall be the Director of the 
Office of Intelligence, which shall be a position in the Senior Execu-
tive Service. The Director of the Office shall report directly to 
the Secretary. 
"(2) The Secretary shall select the Director of the Office from 
among individuals who have substantial expertise in matters 
relating to foreign intelligence. 
"(c) Subject to the authority, direction, and control of the Sec-
retary, the Director of the Office shall perform such duties and 
exercise such powers as the Secretary may prescribe.". 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of the Department of Energy Organization Act is amended 
by inserting after the item relating to section 213, as added by 
section 3203(b), the following new items: 
"214. Establishment of security, counterintelligence, and intelligence policies. 
"215. Office of Counterintelligence. 
"216. Office of Intelligence.". 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 957 
Subtitle A—^Establishment and 
Organization 
SEC. 3211. ESTABLISHMENT AND MISSION. 
50USC2401. 
(a) EsTABLlSHMENT.^There is established within the Depart-
ment of Energy a separately organized agency to be known as 
the National Nuclear Security Administration (in this title referred 
to as the "Administration"). 
(b) MISSION.—^The mission of the Administration shall be the 
following: 
(1) To enhance United States national security through 
the military application of nuclear energy. 
(2) To maintain and enhance the safety, reliability, and 
performance of the United States nuclear weapons stockpile, 
including the ability to design, produce, and test, in order 
to meet national security requirements. 
(3) To provide the United States Navy with safe, militarily 
effective nuclear propulsion plants and to ensure the safe and 
reliable operation of those plants. 
(4) To promote international nuclear safety and non-
proliferation. 
(5) To reduce global danger from weapons of mass destruc-
tion. 
(6) To support United States leadership in science and 
technology. 
(c) OPERATIONS AND ACTIVITIES TO B E CARRIED OUT CON-
SISTENT WITH CERTAIN PRINCIPLES.—^In carrying out the mission 
of the Administration, the Administrator shall ensure that all oper-
ations and activities of the Administration are consistent with the 
principles of protecting the environment and safeguarding the safety 
and health of the public and of the workforce of the Administration. 
SEC. 3212. ADMINISTRATOR FOR NUCLEAR SECURITY. 
50 USC 2402. 
(a) IN GENERAL.—(1) There is at the head of the Administration 
an Administrator for Nuclear Security (in this title referred to 
as the "Administrator"). 
(2) Pursuant to subsection (c) of section 202 of the Department 
of Energy Organization Act (42 U.S.C. 7132), as added by section 
3202 of this Act, the Under Secretary for Nuclear Security of 
the Department of Energy serves as the Administrator. 
(b) FUNCTIONS.—^The Administrator has authority over, and 
is responsible for, all programs and activities of the Administration 
(except for the functions of the Deputy Administrator for Naval 
Reactors specified in the Executive order referred to in section 
3216(b)), including the following: 
(1) Strategic management. 
(2) Policy development and guidance. 
(3) Budget formulation, guidance, and execution, and other 
financial matters. 
(4) Resource requirements determination and allocation. 
(5) Program msmagement and direction. 
(6) Safeguards and security. 
(7) Emergency management. 
(8) Integrated safety management. 
(9) Environment, safety, and health operations. 
113 STAT. 958 
PUBLIC LAW 106-65—OCT. 5, 1999 
(10) Administration of contracts, including the management 
and operations of the nuclear weapons production facilities 
and the national security laboratories. 
(11) Intelligence. 
(12) Counterintelligence. 
(13) Personnel, including the selection, appointment, dis-
tribution, supervision, establishing of compensation, and sepa-
ration of personnel in accordance with subtitle C of this title. 
(14) Procurement of services of experts and consultants 
in accordance with section 3109 of title 5, United States Code. 
(15) Legal matters. 
(16) Legislative affairs. 
(17) Public affairs. 
(18) Liaison with other elements of the Department of 
Energy and with other Federal agencies. State, tribal, and 
local governments, and the public. 
(c) PROCUREMENT AUTHORITY.—The Administrator is the senior 
procurement executive for the Administration for the purposes of 
section 16(3) of the Office of Federal Procurement Policy Act (41 
U.S.C. 414(3)). 
(d) POLICY AUTHORITY.—The Administrator may establish 
Administration-specific policies, unless disapproved by the Secretary 
of Energy. 
50 use 2403. 
SEC. 3213. STATUS OF ADMINISTRATION AND CONTRACTOR PER-
SONNEL WITHIN DEPARTMENT OF ENERGY. 
(a) STATUS OF ADMINISTRATION PERSONNEL.—Each officer or 
employee of the Administration, in carrying out any function of 
the Administration— 
(1) shall be responsible to and subject to the authority, 
direction, and control o
f
— 
(A) the Secretary acting through the Administrator 
and consistent with section 202(c)(3) of the Department 
of Energy Organization Act; 
(B) the Administrator; or 
(C) the Administrator's designee within the Adminis-
tration; and 
(2) shall not be responsible to, or subject to the authority, 
direction, or control of, any other officer, employee, or agent 
of the Department of Energy. 
(b) STATUS OF CONTRACTOR PERSONNEL.—Each officer 
or 
employee of a contractor of the Administration, in carrjdng out 
any function of the Administration, shall not be responsible to, 
or subject to the authority, direction, or control of, any officer, 
employee, or agent of the Department of Energy who is not an 
employee of the Administration, except for the Secretary of Energy 
consistent with section 202(c)(3) of the Department of Energy 
Organization Act. 
(c) CONSTRUCTION OF SECTION.—Subsections (a) and (b) may 
not be interpreted to in any way preclude or interfere with the 
communication of technical findings derived from, and in accord 
with, duly authorized activities between (1) the head, or any con-
tractor employee, of a national security laboratory or of a nuclear 
weapons production facility, £ind (2) the Department of Energy, 
the President, or Congress. 
PUBLIC LAW 106-65~OCT. 5, 1999 
113 STAT. 959 
SEC. 3214. DEPUTY ADMINISTRATOR FOR DEFENSE PROGRAMS. 
50USC2404. 
(a) IN GENERAL.—There is in the Administration a Deputy 
Administrator for Defense Programs, who is appointed by the Presi-
dent, by and with the advice and consent of the Senate. 
(b) DUTIES.—Subject to the authority, direction, and control 
of the Administrator, the Deputy Administrator for Defense Pro-
grams shall perform such duties and exercise such powers as the 
Administrator may prescribe, including the following: 
(1) Maintaining and enhancing the safety, reliability, and 
performance of the United States nuclear weapons stockpile, 
including the ability to design, produce, and test, in order 
to meet national security requirements. 
(2) Directing, managing, and overseeing the nuclear 
weapons production facilities and the national security labora-
tories. 
(3) Directing, managing, and overseeing assets to respond 
to incidents involving nuclear weapons and materials. 
(c) RELATIONSHIP TO LABORATORIES AND FACILITIES.—The head 
of each national security laboratory and nuclear weapons production 
facility shall, consistent with applicable contractual obligations, 
report to the Deputy Administrator for Defense Programs. 
SEC. 3215. DEPUTY ADMINISTRATOR FOR DEFENSE NUCLEAR NON- 50USC2405. 
PROLIFERATION. 
(a) IN GENERAL.—^There is in the Administration a Deputy 
Administrator 
for Defense 
Nuclear Nonproliferation, 
who is 
appointed by the President, by and with the advice and consent 
of the Senate. 
(b) DUTIES.—Subject to the authority, direction, and control 
of the Administrator, the Deputy Administrator for Defense Nuclear 
Nonproliferation shall perform such duties and exercise such powers 
as the Administrator may prescribe, including the following: 
(1) Preventing the spread of materials, technology, and 
expertise relating to weapons of mass destruction. 
(2) Detecting the proliferation of weapons of mass destruc-
tion worldwide. 
(3) Eliminating inventories of surplus fissile materials 
usable for nuclear weapons. 
(4) Providing for international nuclear safety. 
SEC. 3216. DEPUTY ADMINISTRATOR FOR NAVAL REACTORS. 
50USC2406. 
(a) IN GENERAL.—(1) There is in the Administration a Deputy 
Administrator for Naval Reactors. The director of the Naval Nuclear 
Propulsion Program provided for under the Naval Nuclear Propul-
sion Executive Order shall serve as the Deputy Administrator for 
Naval Reactors. 
(2) Within the Department of Energy, the Deputy Administrator 
shall report to the Secretary of Energy through the Administrator 
and shall have direct access to the Secretary and other senior 
officials in the Department. 
(b) DUTIES.—The Deputy Administrator shall be assigned the 
responsibilities, authorities, and accountability for all functions of 
the Office of Naval Reactors under the Naval Nuclear Propulsion 
Executive Order. 
(c) EFFECT ON EXECUTIVE ORDER.—Except as otherwise speci-
fied in this section and notwithstanding any other provision of 
113 STAT. 960 
PUBLIC LAW 106-65—OCT. 5, 1999 
this title, the provisions of the Naval Nuclear Propulsion Executive 
Order remain in full force and effect until changed by law. 
(d) NAVAL NUCLEAR PROPULSION EXECUTIVE ORDER.—As used 
in this section, the Naval Nuclear Propulsion Executive Order is 
Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 
7158 note) (as in force pursuant to section 1634 of the Department 
of Defense Authorization Act, 1985 (Public Law 98-525; 42 U.S.C. 
7158 note)). 
50 use 2407. 
SEC. 3217. GENERAL COUNSEL. 
There is a General Counsel of the Administration. The General 
Counsel is the chief legal officer of the Administration. 
50 use 2408. 
SEC. 3218. STAFF OF ADMINISTRATION. 
(a) IN GENERAL.—The Administrator shall maintain within the 
Administration sufficient staff" to assist the Administrator in csir-
rying out the duties and responsibilities of the Administrator. 
(b) RESPONSIBILITIES.—The staff of the Administration shall 
perform, in accordance with applicable law, such of the functions 
of the Administrator as the Administrator shall prescribe. The 
Administrator shall assign to the staff responsibility for the fol-
lowing functions: 
(1) Personnel. 
(2) Legislative affairs, 
(3) Public affairs. 
(4) Liaison with other elements of the Department of 
Energy and with other Federal agencies. State, tribal, and 
local governments, and the public. 
Subtitle B—^Matters Relating to Security 
50 use 2421. 
SEC. 3231. PROTECTION OF NATIONAL SECURITY INFORMATION. 
(a) POLICIES AND PROCEDURES REQUIRED.—The Administrator 
shall establish procedures to ensure the maximum protection of 
classified information in the possession of the Administration. 
(b) PROMPT REPORTING.—The Administrator shall establish 
procedures to ensure prompt reporting to the Administrator of 
£my significant problem, abuse, violation of law or Executive order, 
or deficiency relating to the management of classified information 
by personnel of the Administration. 
50 use 2422. 
SEC. 3232. OFFICE OF DEFENSE NUCLEAR 
COUNTERINTELLIGENCE 
AND OFFICE OF DEFENSE NUCLEAR SECURITY. 
(a) ESTABLISHMENT.—(1) There are within the Administration— 
(A) an Office of Defense Nuclear Counterintelligence; and 
(B) an Office of Defense Nuclear Security. 
(2) Each office established under paragraph (1) shall be headed 
by a Chief appointed by the Secretary of Energy. The Administrator 
shall recommend to the Secretary suitable candidates for each such 
position. 
(b) CHIEF OF DEFENSE NUCLEAR 
COUNTERINTELLIGENCE.—(1) 
The head of the Office of Defense Nuclear Counterintelligence is 
the Chief of Defense Nuclear Counterintelligence, who shall report 
to the Administrator and shall implement the counterintelligence 
policies directed by the Secretary and Administrator, 
(2) The Secretary shall appoint the Chief, in consultation with 
the Director of the Federal Bureau of Investigation, from among 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 961 
individuals who have special expertise in counterintelligence. If 
£in individual to serve as the Chief of Defense Nuclear Counterintel-
ligence is a Federal employee of an entity other than the Adminis-
tration, the service of that employee as Chief shall not result 
in £iny loss of employment status, right, or privilege by that 
employee. 
(3) The Chief shall have direct access to the Secretary and 
all other officials of the Department and the contractors of the 
Department concerning coimterintelligence matters. 
(4) The Chief shall be responsible for— 
(A) the development and implementation of the counter-
intelligence programs of the Administration to prevent the 
disclosure or loss of classified or other sensitive information; 
and 
(B) the development and administration of personnel assur-
ance programs within the Administration. 
(c) CHIEF OF DEFENSE NUCLEAR SECURITY.—(1) The head of 
the Office of Defense Nuclear Security is the Chief of Defense 
Nuclear Security, who shall report to the Administrator and shall 
implement the security policies directed by the Secretary and 
Administrator. 
(2) The Chief shall have direct access to the Secretary and 
all other officials of the Department and the contractors of the 
Department concerning security matters. 
(3) The Chief shall be responsible for the development and 
implementation of security programs for the Administration, 
including the protection, control and accounting of materials, and 
for the physical and cyber security for all facilities of the Adminis-
tration. 
SEC. 3233. COUNTERINTELLIGENCE PROGRAMS. 
50 USC 2423. 
(a) NATIONAL SECURITY LABORATORIES AND NUCLEAR WEAPONS 
PRODUCTION FACILITIES.—The Administrator shall, at each national 
security laboratory and nuclear weapons production facility, estab-
lish and maintain a counterintelligence program adequate to protect 
national security information at that laboratory or production 
facility. 
(b) OTHER 
FACILITIES.—The Administrator shall, at each 
Administration facility not described in subsection (a) at which 
Restricted Data is located, assign an employee of the Office of 
Defense Nuclear Counterintelligence who shall be responsible for 
and assess coimterintelligence matters at that facility. 
SEC. 3234. PROCEDURES RELATING TO ACCESS BY INDIVIDUALS TO 
50 USC 2424. 
CLASSIFIED AREAS AND INFORMATION OF ADMINISTRA-
TION. 
The Administrator shall establish appropriate procedures to 
ensure that any individual is not permitted unescorted access to 
any classified area, or access to classified information, of the 
Administration until that individual has been verified to hold the 
appropriate security clearances. 
SEC. 3235. GOVERNMENT ACCESS TO INFORMATION ON ADMINISTRA- 
50 USC 2425. 
TION COMPUTERS. 
(a) PROCEDURES REQUIRED.—The Administrator shall establish 
procedures to govern access to information on Administration com-
puters. Those procedures shall, at a minimum, provide that any 
individual who has access to information on an Administration 
113 STAT. 962 
PUBLIC LAW 106-65—OCT. 5, 1999 
computer shall be required as a condition of such access to provide 
to the Administrator written consent which permits access by an 
authorized investigative agency to any Administration computer 
used in the performance of the duties of such employee during 
the period of that individual's access to information on an Adminis-
tration computer and for a period of three years thereafter. 
(b) EXPECTATION OF PRIVACY IN ADMINISTRATION COMPUTERS.— 
Notwithstanding any other provision of law (including any provision 
of law enacted by the Electronic Communications Privacy Act of 
1986), no user of an Administration computer shall have any 
expectation of privacy in the use of that computer. 
(c) DEFINITION.—For purposes of this section, the term "author-
ized investigative agency" means an agency authorized by law or 
regulation to conduct a counterintelligence investigation or inves-
tigations of persons who are proposed for access to classified 
information to ascertain whether such persons satisfy the criteria 
for obtaining and retaining access to such information. 
50 use 2426. 
SEC. 3236. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PRO-
GRAMS. 
(a) ANNUAL REPORT ON SPECIAL ACCESS PROGRAMS.—(1) 
Not 
later than February 1 of each year, the Administrator shall submit 
to the congressional defense committees a report on special access 
programs of the Administration. 
(2) Each such report shall set forth— 
(A) the total amount requested for such programs in the 
President's budget for the next fiscal year submitted under 
section 1105 of title 31, United States Code; and 
(B) for each such program in that budget, the following: 
(i) A brief description of the program. 
(ii) A brief discussion of the major milestones estab-
lished for the program. 
(iii) The actual cost of the program for each fiscal 
year during which the program has been conducted before 
the fiscal year during which that budget is submitted. 
(iv) The estimated total cost of the program and the 
estimated cost of the program for (I) the current fiscal 
year, (II) the fiscal year for which the budget is submitted, 
and (III) each of the four succeeding fiscal years during 
which the program is expected to be conducted. 
(b) ANNUAL REPORT ON NEW SPECIAL ACCESS PROGRAMS.— 
Deadline. 
(1) Not later than February 1 of each year, the Administrator 
shall submit to the congressional defense committees a report that, 
with respect to each new special access program, provides— 
(A) notice of the designation of the program as a special 
access program; and 
(B) justification for such designation. 
(2) A report under paragraph (1) with respect to a program 
shall include— 
(A) the current estimate of the total program cost for the 
program; and 
(B) an identification of existing programs or technologies 
that are similar to the technology, or that have a mission 
similar to the mission, of the program that is the subject 
of the notice. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 963 
(3) In this subsection, the term "new special access program" 
means a special access program that has not previously been cov-
ered in a notice and justification under this subsection. 
(c) REPORTS ON CHANGES IN CLASSIFICATION OF SPECIAL ACCESS 
PROGRAMS.—(1) Whenever a change in the classification of a special 
access program of the Administration is planned to be made or 
whenever classified information concerning a special access program 
of the Administration is to be declassified and made public, the 
Administrator shall submit to the congressional defense committees 
a report containing a description of the proposed change, the reasons 
for the proposed change, and notice of any public announcement 
planned to be made with respect to the proposed chsmge. 
(2) Except as provided in paragraph (3), any report referred Deadline, 
to in paragraph (1) shall be submitted not less than 14 days before 
the date on which the proposed change or public announcement 
is to occur. 
(3) If the Administrator determines that because of exceptional 
circumstances the requirement of paragraph (2) cannot be met 
with respect to a proposed change or public announcement con-
cerning a special access program of the Administration, the 
Administrator may submit the report required by paragraph (1) 
regarding the proposed change or public announcement at any 
time before the proposed change or public announcement is made 
and shall include in the report an explanation of the exceptional 
circumstances. 
(d) NOTICE OF CHANGE IN SAP DESIGNATION CRITERIA.—When-
ever there is a modification or termination of the policy and criteria 
used for designating a program of the Administration as a special 
access program, the Administrator shall promptly notify the 
congressional defense committees of such modification or termi-
nation. Any such notification shall contain the reasons for the 
modification or termination £ind, in the case of a modification, 
the provisions of the policy as modified. 
(e) WAIVER AUTHORITY.—(1) The Administrator may waive any 
requirement under subsection (a), (b), or (c) that certain information 
be included in a report under that subsection if the Administrator 
determines that inclusion of that information in the report would 
adversely affect the national security. The Administrator may waive 
the report-and-wait requirement in subsection (f) if the Adminis-
trator determines that compliance with such requirement would 
adversely affect the national security. Any waiver under this para-
graph shall be made on a case-by-case basis. 
(2) If the Administrator exercises the authority provided under 
paragraph (1), the Administrator shall provide the information 
described in that subsection with respect to the special access 
program concerned, and the justification for the waiver, jointly 
to the chairman and ranking minority member of each of the 
congressional defense committees. 
(f) REPORT AND WAIT FOR INITIATING NEW PROGRAMS.—A spe-
cial access program may not be initiated until— 
(1) the congressional defense committees are notified of 
the program; and 
(2) a period of 30 days elapses after such notification is 
received. 
113 STAT. 964 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle C—Matters Relating to Personnel 
50 u s e 2441. 
SEC. 3241. AUTHORITY 
TO 
ESTABLISH 
CERTAIN 
SCIENTIFIC, 
ENGINEERING, AND TECHNICAL POSITIONS. 
The Administrator may, for the purposes of carrying out the 
responsibihties of the Administrator under this title, estabHsh not 
more than 300 scientific, engineering, and technical positions in 
the Administration, appoint individuals to such positions, and fix 
the compensation of such individuals. Subject to the limitations 
in the preceding sentence, the authority of the Administrator to 
make appointments and fix compensation with respect to positions 
in the Administration under this section shall be equivalent to, 
and subject to the limitations of, the authority under section 161 
d. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)) to make 
appointments and fix compensation with respect to officers and 
employees described in such section. 
50 u s e 2442. 
SEC. 3242. VOLUNTARY EARLY RETIREMENT AUTHORITY. 
(a) AUTHORITY.—^An employee of the Department of Energy 
who is separated from the service under conditions described in 
subsection (b) after completing 25 years of service or after becoming 
50 years of age and completing 20 years of service is entitled 
to an annuity in accordance with the provisions in chapter 83 
or 84 of title 5, United States Code, as applicable. 
(b) CONDITIONS OF SEPARATION.—Subsection (a) apphes to 
an 
employee who— 
(1) has been employed continuously by the Department 
of Energy for more than 30 days before the date on which 
the Secretary of Energy makes the determination required 
under paragraph (4)(A); 
(2) is serving under an appointment that is not limited 
by time; 
(3) has not received a decision notice of involuntary separa-
tion for misconduct or unacceptable performance that is pending 
decision; and 
(4) is separated from the service voluntarily during a period 
with respect to which— 
(A) the Secretary of Energy determines that the 
Department of Energy is undergoing a major reorgsmization 
as a result of the establishment of the National Nuclear 
Security Administration; and 
(B) the employee is within the scope of an offer of 
voluntary early retirement (as defined by organizational 
unit, occupational series or level, geographical location, 
any other similar factor that the Office of Personnel 
Management determines appropriate, or any combination 
of such definitions of scope), as determined by the Secretary 
under regulations prescribed by the Office. 
(c) TREATMENT OF EMPLOYEES.—For purposes of chapters 83 
and 84 of title 5, United States Code (including for purposes of 
computation of an annuity under such chapters), an employee enti-
tled to an annuity under this section shall be treated as an employee 
entitled to an annuity under section 8336(d) or 8414(b) of such 
title, as applicable. 
(d) DEFINITIONS.—As used in this section, the terms "employee" 
and "annuity— 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 965 
(1) with respect to individuals covered by the Civil Service 
Retirement System established in subchapter III of chapter 
83 of title 5, United States Code, have the meaning of such 
terms as used in such chapter; and 
(2) with respect to individuals covered by the Federal 
Employees Retirement System established in chapter 84 of 
such title, have the meaning of such terms as used in such 
chapter. 
(e) 
LIMITATION 
AND 
TERMINATION 
OF 
AUTHORITY.—^The 
authority provided in subsection (a)— 
(1) may be applied with respect to a total of not more 
than 600 employees of the Department of Energy; and 
(2) shall expire on September 30, 2003. 
SEC. 3243. SEVERANCE PAY. 
Section 5595 of title 5, United States Code, is amended by 
adding at the end the following new subsection: 
"(j)(l) In the case of an employee of the Department of Energy 
who is entitled to severance pay under this section as a result 
of the establishment of the National Nuclear Security Administra-
tion, the Secretary of Energy may, upon application by the 
employee, pay the total amount of the severance pay to the employee 
in one lump sum. 
"(2)(A) If an employee paid severeince pay in a lump sum 
under this subsection is reemployed by the Government of the 
United States or the government of the District of Columbia at 
such time that, had the employee been paid severance pay in 
regular pay periods under subsection (b), the pa5anents of such 
pay would have been discontinued under subsection (d) upon such 
reemployment, the employee shall repay to the Department of 
Energy an amount equal to the amount of severance pay to which 
the employee was entitled under this section that would not have 
been paid to the employee under subsection (d) by reason of such 
reemployment. 
"(B) The period of service represented by an amount of sever-
ance pay repaid by £in employee under subparagraph (A) shall 
be considered service for which severance pay has not been received 
by the employee under this section. 
"(C) Amounts repaid to the Department of Energy under this 
paragraph shall be credited to the appropriation available for the 
pay of employees of the agency for the fiscal year in which received. 
Amounts so credited shedl be merged with, and shall be available 
for the same purposes and the same period as, the other fiinds 
in that appropriation. 
"(3) If £in employee fails to repay to the Department of Energy 
an amount required to be repaid under paragraph (2)(A), that 
amount is recoverable from the employee as a debt due the United 
States.". 
SEC. 3244. CONTINUED COVERAGE OF HEALTH CARE BENEFITS. 
Section 8905a(d)(4)(A) of title 5, United States Code, is amended 
by inserting ", or the Department of Energy due to a reduction 
in force resulting from the establishment of the National Nuclear 
Security Administration" after "reduction in force". 
113 STAT. 966 
PUBLIC LAW 106-65—OCT. 5, 1999 
Subtitle D—Budget and Financial 
Management 
50 use 2451. 
SEC. 3251. SEPARATE TREATMENT E
S
T BUDGET. 
(a) PRESIDENT'S BUDGET.—In each budget submitted by the 
President to the Congress under section 1105 of title 31, United 
States Code, amounts requested for the Administration shall be 
set forth separately within the other amounts requested for the 
Department of Energy. 
(b) BUDGET JUSTIFICATION MATERIALS.—In the budget justifica-
tion materials submitted to Congress in support of each such budget, 
the amounts requested for the Administration shall be specified 
in individual, dedicated program elements. 
50 use 2452. 
SEC. 3252. PLANNING, PROGRAMMING, AND BUDGETING PROCESS. 
The Administrator shall establish procedures to ensure that 
the planning, programming, budgeting, and financial activities of 
the Administration comport with sound financial and fiscal manage-
ment principles. Those procedures shall, at a minimum, provide 
for the planning, programming, and budgeting of activities of the 
Administration using funds that are available for obligation for 
a limited number of years. 
50 use 2453. 
SEC. 3253. FUTURE-YEARS NUCLEAR SECURITY PROGRAM. 
(a) SUBMISSION TO CONGRESS.—The Administrator shall submit 
to Congress each year, at or about the time that the President's 
budget is submitted to Congress that year under section 1105(a) 
of title 31, United States Code, a future-years nuclear security 
program (including associated annexes) reflecting the estimated 
expenditures and proposed appropriations included in that budget. 
Any such future-years nuclear security program shall cover the 
fiscal year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
(b) ELEMENTS.—Each fiiture-years nuclear security program 
shall contain the following: 
(1) The estimated expenditures and proposed appropria-
tions necessary to support the programs, projects, and activities 
of the Administration during the five-fiscal year period covered 
by the program, expressed in a level of detail comparable to 
that contained in the budget submitted by the President to 
Congress under section 1105 of title 31, United States Code. 
(2) A description of the anticipated workload requirements 
for each Administration site during that five-fiscal year period. 
(c) EFFECT OF BUDGET ON STOCKPILE.—The Administrator shall 
include in the materials the Administrator submits to Congress 
in support of the budget for any fiscal year that is submitted 
by the President pursuant to section 1105 of title 31, United States 
Code, a description of how the funds identified for each program 
element in the weapons activities budget of the Administration 
for such fiscal year will help ensure that the nuclear weapons 
stockpile is safe and reliable as determined in accordance with 
the criteria established under section 3158 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121 note). 
(d) CONSISTENCY IN BUDGETING.—(1) The Administrator shall 
ensure that amounts described in subparagraph (A) of paragraph 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 967 
(2) for any fiscal year are consistent with amounts described in 
subparagraph (B) of paragraph (2) for that fiscal year. 
(2) Amounts referred to in paragraph (1) are the following: 
(A) The amounts specified in program and budget informa-
tion submitted to Congress by the Administrator in support 
of expenditure estimates and proposed appropriations in the 
budget submitted to Congress by the President under section 
1105(a) of title 31, United States Code, for any fiscal year, 
as shown in the future-years nuclear security program sub-
mitted pursuant to subsection (a). 
(B) The total amounts of estimated expenditures and pro-
posed appropriations necessary to support the programs, 
projects, and activities of the Administration included pursuant 
to paragraph (5) of section 1105(a) of such title in the budget 
submitted to Congress imder that section for any fiscal year, 
(e) TREATMENT OF MANAGEMENT CONTINGENCIES.—Nothing in 
this section shall be construed to prohibit the inclusion in the 
future-years nuclear security program of amounts for management 
contingencies, subject to the requirements of subsection (d). 
Subtitle E—Miscellaneous Provisions 
SEC. 3261. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH 
50 USC 2461. 
REQUIREMENTS. 
(a) COMPLIANCE REQUIRED.—The Administrator shall ensure 
that the Administration complies with all applicable environmental, 
safety, and health statutes and substantive requirements. 
(b) PROCEDURES REQUIRED.—The Administrator shall develop 
procedures for meeting such requirements. 
(c) RULE 
OF CONSTRUCTION.—Nothing in this title shall 
diminish the authority of the Secretary of Energy to ascertain 
and ensure that such compliance occurs. 
SEC. 3262. COMPLIANCE WITH FEDERAL ACQUISITION REGULATION. 
50 USC 2462. 
The Administrator shall establish procedures to ensure that 
the mission and programs of the Administration are executed in 
full compliance with all applicable provisions of the Federal Acquisi-
tion Regulation issued pursuant to the Office of Federal Procure-
ment Policy Act (41 U.S.C. 401 et seq.). 
SEC. 3263. SHARING 
OF 
TECHNOLOGY 
WITH 
DEPARTMENT 
OF 
50 USC 2463. 
DEFENSE. 
The Administrator shall, in cooperation with the Secretary 
of Defense, establish procedures and programs to provide for the 
sharing of technology, technical capability, and expertise between 
the Administration and the Department of Defense to further 
national security objectives. 
SEC. 3264. USE OF CAPABILITIES OF NATIONAL SECURITY LABORA- 
50 USC 2464. 
TORIES BY ENTITIES OUTSIDE THE ADMINISTRATION. 
The Secretary, in consultation with the Administrator, shall 
establish appropriate procedures to provide for the use, in a manner 
consistent with the national security mission of the Administration 
under section 3211(b), of the capabilities of the national security 
laboratories by elements of the Department of Energy not within 
the Administration, other Federal agencies, and other appropriate 
113 STAT. 968 
PUBLIC LAW 106-65—OCT. 5, 1999 
entities, including the use of those capabihties to support efforts 
to defend against weapons of mass destruction. 
Subtitle F—Definitions 
50 use 2471. 
SEC. 3281. DEFINITIONS. 
For purposes of this title: 
(1) The term "national security laboratorj^' means any of 
the following: 
(A) Los Alamos National Laboratory, Los Alamos, New 
Mexico. 
(B) Sandia National Laboratories, Albuquerque, New 
Mexico, and Livermore, California. 
(C) Lawrence Livermore National Laboratory, Liver-
more, California. 
(2) The term "nuclear weapons production facility means 
£iny of the following: 
(A) The Kansas City Plant, Ksmsas City, Missouri. 
(B) The Pantex Plant, Amarillo, Texas. 
(C) The Y-12 Plant, Oak Ridge, Tennessee. 
(D) The tritium operations facilities at the Savannah 
River Site, Aiken, South Carolina. 
(E) The Nevada Test Site, Nevada. 
(F) Any facility of the Department of Energy that the 
Secretary of Energy, in consultation with the Administrator 
and the Congress, determines to be consistent with the 
mission of the Administration. 
(3) The term "classified information" means any informa-
tion that has been determined pursuant to Executive Order 
No. 12333 of December 4, 1981 (50 U.S.C. 401 note). Executive 
Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or 
successor orders, to require protection against unauthorized 
disclosure and that is so designated. 
(4) The term "Restricted Data" has the meaning given 
such term in section 11 y. of the Atomic Energy Act of 1954 
(42 U.S.C. 2014(y)). 
(5) The term "congressional defense committees" means— 
(A) the Committee on Armed Services and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Armed Services and the Com-
mittee on Appropriations of the House of Representatives. 
Subtitle G—^Amendatory Provisions, 
Transition Provisions, and Effective Dates 
50 use 2481. 
SEC. 3291. FUNCTIONS TRANSFERRED. 
(a) TRANSFERS.—There are hereby transferred to the Adminis-
trator all national security functions and activities performed imme-
diately before the date of the enactment of this Act by the following 
elements of the Department of Energy: 
(1) The Office of Defense Programs. 
(2) The Office of Nonproliferation and National Security. 
(3) The Office of Fissile Materials Disposition. 
(4) The nuclear weapons production facilities. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 969 
(5) The national security laboratories. 
(6) The Office of Naval Reactors. 
(b) AUTHORITY TO TRANSFER ADDITIONAL FUNCTIONS.—The Sec-
retary of Energy may transfer to the Administrator any other 
facility, mission, or function that the Secretary, in consultation 
with the Administrator and Congress, determines to be consistent 
with the mission of the Administration. 
(c) ENVIRONMENTAL REMEDIATION AND WASTE MANAGEMENT 
ACTIVITIES.—In the case of any environmental remediation and 
waste management activity of any element specified in subsection 
(a), the Secretary of Energy may determine to transfer responsibility 
for that activity to another element of the Department. 
SEC. 3292. TRANSFER OF FUNDS AND EMPLOYEES. 
50 USC 2482. 
(a) TRANSFER OF FUNDS.—(1) Any balance of appropriations 
that the Secretary of Energy determines is available and needed 
to finance or discharge a function, power, or duty or an activity 
that is transferred to the Administration shall be transferred to 
the Administration and used for any purpose for which those appro-
priations were originally available. Balances of appropriations so 
transferred shall— 
(A) be credited to any applicable appropriation account 
of the Administration; or 
(B) be credited to a new account that may be established 
on the books of the Department of the Treasury; 
and shall be merged with the fiinds already credited to that account 
and accounted for as one fund. 
(2) Balances of appropriations credited to an account under 
paragraph (1)(A) are subject only to such limitations as are specifi-
cally applicable to that account. Balances of appropriations credited 
to an account under paragraph (1)(B) are subject only to such 
limitations as are applicable to the appropriations fi-om which they 
are transferred. 
(b) PERSONNEL.—(1) With respect to any function, power, or 
duty or activity of the Department of Energy that is transferred 
to the Administration, those employees of the element of the Depart-
ment of Energy fi-om which the transfer is made that the Secretary 
of Energy determines are needed to perform that function, power, 
or duty, or for that activity, as the case may be, shall be transferred 
to the Administration. 
(2) The authorized strength in civilian employees of any element 
of the Department of Energy fi*om which employees are transferred 
under this section is reduced by the number of employees so trans-
ferred. 
SEC. 3293. PAY LEVELS. 
(a) UNDER SECRETARY FOR NUCLEAR SECURITY.—Section 5314 
of title 5, United States Code, is amended by striking "Under 
Secretary, Department of Energy" and inserting "Under Secretaries 
of Energy (2)". 
(b) DEPUTY ADMINISTRATORS.—Section 5315 of such title is 
amended by adding at the end the following new item: 
"Deputy Administrators of the National Nuclear Security 
Administration (3), but if the Deputy Administrator for Naval 
Reactors is an officer of the Navy on active duty, (2).". 
69-194 - 01 - 32 :QL 3 Parti 
113 STAT. 970 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 3294. CONFORMING AMENDMENTS. 
(a) REDUCTION IN NUMBER OF ASSISTANT SECRETARIES OF 
ENERGY,—<1) Section 5315 of title 5, United States Code, is 
amended by striking "(8)" after "Assistant Secretaries of Energy" 
and inserting "(6)". 
(2) Subsection (a) of section 203 of the Department of Energy 
Organization Act (42 U.S.C. 7133) is amended in the first sentence 
by striking "eight" and inserting "six". 
(b) FUNCTIONS REQUIRED TO BE ASSIGNED TO ASSISTANT SECRE-
TARIES OF ENERGY.—Subsection (a) of section 203 of the Department 
of Energy Organization Act (42 U.S.C. 7133) is amended by striking 
paragraph (5). 
(c) OFFICE OF NAVAL REACTORS.—Section 309 of the Depart-
ment of Energy Organization Act (42 U.S.C. 7158) is amended— 
(1) by striking subsection (b); 
(2) by striking "(a)"; and 
(3) by striking "Assistant Secretary to whom the Secretary 
has assigned the function Hsted in section 203(a)(2)(E)" and 
inserting "Under Secretary for Nuclear Security". 
(d) OFFICE OF FISSILE MATERL^LS DISPOSITION.—(1) Section 
212 of the Department of Energy Organization Act (42 U.S.C. 
7143) is repealed. 
(2) The table of contents at the beginning of such Act is 
amended by striking the item relating to section 212. 
(e) REPEAL OF RESTATED PROVISION RELATING TO DOE SPECIAL 
ACCESS PROGRAMS; CONFORMING AMENDMENT.—(1)(A) Section 93 
of the Atomic Energy Act of 1954 (42 U.S.C. 2122a) is repealed. 
(B) The table of contents at the beginning of such Act is 
amended by striking the item relating to section 93. 
(2) Clause (ii) of section 1152(g)(1)(B) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50 
U.S.C. 435 note) is amended to read as follows: 
"(ii) the National Nuclear Security Administration 
(which is required to submit reports on special access pro-
grams under section 3236 of the National Nuclear Security 
Administration Act); or". 
(f) REPEAL OF FIVE-YEAR BUDGET REQUIREMENT FOR DOE 
NATIONAL SECURITY PROGRAMS.—Section 3155 of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2841; 42 U.S.C. 7271b) is repealed. 
50 use 2483. 
SEC. 3295. TRANSITION PROVISIONS. 
DeadUnes. 
(a) COMPLIANCE WITH FINANCIAL PRINCIPLES.—(1) The Under 
Secretary of Energy for Nuclear Security shall ensure that the 
compliance with sound financial and fiscal management principles 
specified in section 3252 is achieved not later than October 1, 
2000. 
(2) In canying out paragraph (1), the Under Secretary of Energy 
for Nuclear Security shall conduct a review and develop a plan 
to bring applicable activities of the Administration into full compli-
ance with those principles not later than such date. 
(3) Not later than January 1, 2000, the Under Secretary of 
Energy for Nuclear Security shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
a report containing the results of that review and a description 
of that plsm. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 971 
(b) INITIAL REPORT FOR FUTURE-YEARS NUCLEAR SECURITY PRO-
GRAM.—The first report under section 3253 shall be submitted 
in conjunction with the budget submitted for fiscal year 2001. 
(c) PROCEDURES FOR COMPUTER ACCESS.—The regulations to Regulations, 
implement the procedures under section 3235 shall be prescribed Deadline, 
not later than 90 days after the effective date of this title. 
(d) COMPLIANCE WITH FAR.—(1) The Under Secretary of Energy Deadlines, 
for Nuclear Security shall ensure that the compliance with the 
Federal Acquisition Regulation specified in section 3262 is achieved 
not later than October 1, 2000. 
(2) In carrying out paragraph (1), the Under Secretary of Energy 
for Nuclear Security shall conduct a review and develop a plan 
to bring applicable activities of the Administration into fiill compli-
ance with the Federal Acquisition Regulation not later than such 
date. 
(3) Not later than January 1, 2000, the Under Secretary of 
Energy for Nuclear Security shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
a report containing the results of that review and a description 
of that plan. 
SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND REGULATIONS. 50 USC 2484. 
Unless otherwise provided in this title, all provisions of law 
and regulations in effect immediately before the effective date of 
this title that are applicable to functions of the Department of 
Energy specified in section 3291 shall continue to apply to the 
corresponding functions of the Administration. 
SEC. 3297. REPORT CONTAINING IMPLEMENTATION PLAN OF SEC-
RETARY OF ENERGY. 
Not later than January 1, 2000, the Secretary of Energy shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report containing the Secretary's plan for the implementation 
of the provisions of this title. 
SEC. 3298. CLASSIFICATION IN UNITED STATES CODE. 
Subtitles A through F of this title (other than provisions of 
those subtitles amending existing provisions of law) shall be classi-
fied to the United States Code as a new chapter of title 50, United 
States Code. 
SEC. 3299. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in subsection (b), the 
provisions of this title shall take effect on March 1, 2000. 
(b) EXCEPTIONS.—(1) Sections 3202, 3204, 3251, 3295, and 3297 
shall take effect on the date of the enactment of this Act. 
(2) Sections 3234 and 3235 shall take effect on the date of 
the enactment of this Act. During the period beginning on the 
date of the enactment of this Act and ending on the effective 
date of this title, the Secretary of Energy shall carry out those 
sections and any reference in those sections to the Administrator 
and the Administration shall be treated as references to the Sec-
retary and the Department of Energy, respectively. 
50 USC 2401 
note. 
Deadline. 
50 USC 2401 
note. 
50 USC 2401 
note. 
113 STAT. 972 
PUBLIC LAW 106-65—OCT. 5, 1999 
TITLE XXXIII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
SEC. 3301. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2000, 
$17,500,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NATIONAL DEFENSE 
STOCKPILE 
Sec. 3401. Authorized uses of stockpile funds. 
Sec. 3402. Disposal of certain materials in National Defense Stockpile. 
Sec. 3403. Limitations on previous authority for disposal of stockpile materials. 
SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2000, 
the National Defense Stockpile Manager may obligate up to 
$78,700,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 
for the authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials that 
are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
50 u s e 98d note. 
SEC. 3402. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE 
STOCKPILE. 
(a) DISPOSAL REQUIRED.—Subject to subsection (c), the Presi-
dent shall make disposals fi*om the National Defense Stockpile 
of materials in quantities as follows: 
(1) Beryllium metal, 250 short tons. 
(2) Chromium ferro alloy, 496,204 short tons. 
(3) Chromium metal, 5,000 short tons. 
(4) Palladium, 497,271 troy ounces. 
(b) MANAGEMENT OF DISPOSAL TO ACHIEVE OBJECTIVES FOR 
RECEIPTS.—The President shall manage the disposal of materials 
under subsection (a) so as to result in receipts to the United 
States in amounts equal to— 
(1) $10,000,000 during fiscal year 2000; 
(2) $100,000,000 during the 5-fiscal year period ending 
September 30, 2004; and 
(3) $300,000,000 during the 10-fiscal year period ending 
September 30, 2009. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT, 973 
(c) MINIMIZATION OF DISRUPTION AND LOSS.—The President 
may not dispose of the material under subsection (a) to the extent 
that the disposal will result in— 
(1) undue disruption of the usual markets of producers, 
processors, and consumers of the materials proposed for dis-
posal; or 
(2) avoidable loss to the United States. 
(d) DISPOSITION OF RECEIPTS.—Notwithstanding section 9 of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h), funds received as a result of the disposal of materials under 
subsection (a) shall be deposited into the general fund of the 
Treasury. 
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The dis-
posal authority provided in subsection (a) is new disposal authority 
and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding the materials specified in such 
subsection. 
(f) INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.— 
(1) Section 3303(a)(2) of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 110 Stat 2855; 50 U.S.C. 
98d note) is amended by striking "$612,000,000" and inserting 
"$720,000,000". 
(2) Section 3305(a) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat 2057; 50 U.S.C. 
98d note) is amended— 
(A) in paragraph (2), by striking "$30,000,000" and 
inserting "$50,000,000"; 
(B) in paragraph (3), by striking "$34,000,000" and 
inserting "$64,000,000"; and 
(C) in paragraph (4), by striking "$34,000,000" and 
inserting "$67,000,000". 
(g) ELIMINATION OF DISPOSAL RESTRICTIONS ON EARLIER DIS-
POSAL 
AUTHORITY.—Section 
3303 of the National 
Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 629) is repealed. 
SEC. 3403. LIMITATIONS ON PREVIOUS AUTHORITY FOR DISPOSAL OF 
STOCKPILE MATERIALS. 
(a) PUBLIC LAW 105-261 AUTHORITY.—Section 3303(b) of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105-261; 112 Stat. 2263; 50 U.S.C. 98d 
note) is amended— 
(1) by striking "(b) 
LIMITATION ON DISPOSAL 
QUAN-
TITY.—" 
and inserting 
"(b) LIMITATIONS ON DISPOSAL 
AUTHORITY.—(1)"; and 
(2) by adding at the end the following: 
"(2) The President may not dispose of materials under this 
section in excess of the disposals necessary to result in receipts 
in the amounts specified in subsection (a).". 
(b) PUBLIC LAW 105-85 AUTHORITY.—Section 3305(b) of the 
National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 111 Stat. 2058; 50 U.S.C. 98d note) is amended— 
(1) by striking "(b) 
LIMITATION ON DISPOSAL 
QUAN-
TITY.—" 
and 
inserting 
"(b) 
LIMITATIONS 
ON 
DISPOSAL 
AUTHORITY.—(1)"; and 
(2) by adding at the end the following: 
113 STAT. 974 
PUBLIC LAW 106-65—OCT. 5, 1999 
Panama Canal 
Commission 
Authorization 
Act for Fiscal 
Year 2000. 
22 u s e 3601 
note. 
"(2) The President may not dispose of cobalt under this section 
in excess of the disposals necessary to result in receipts in the 
amounts specified in subsection (a).". 
(c) PUBLIC LAW 104-201 AUTHORITY.—Section 3303(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2855; 50 U.S.C. 98d note) is amended— 
(1) by striking "(b) LIMITATION ON DISPOSAL QUAN-
TITY.—" 
and 
inserting 
"(b) 
LIMITATIONS 
ON DISPOSAL 
AUTHORITY.—(1)"; and 
(2) by adding at the end the following: 
"(2) The President may not dispose of materials under this 
section in excess of the disposals necessary to result in receipts 
in the amounts specified in subsection (a).". 
TITLE XXXV—PANAMA CANAL 
COMMISSION 
Sec. 3501. Short title. 
Sec. 3502. Authorization of expenditures. 
Sec. 3503. Purchase of vehicles. 
Sec. 3504. Office of Transition Administration. 
Sec. 3505. Expenditures only in accordance with treaties. 
SEC. 3501. SHORT TITLE. 
This title may be cited as the "Panama Canal Commission 
Authorization Act for Fiscal Year 2000". 
SEC. 3502. AUTHORIZATION OF EXPENDITURES. 
(a) IN GENERAL.—Subject to subsection (b), the Panama Canal 
Commission is authorized to use amounts in the Panama Canal 
Revolving Fund to make such expenditures within the limits of 
fiinds and borrowing authority available to it in accordance with 
law, and to make such contracts and commitments, as may be 
necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601 
et seq.) for the operation, maintenance, improvement, and adminis-
tration of the Panama Canal for the period October 1, 1999, through 
noon on December 31, 1999. 
(b) LIMITATIONS.—For the period described in subsection (a), 
the Panama Canal Commission may expend from funds in the 
Panama Canal Revolving Fund not more than $75,000 for official 
reception and representation expenses, of which— 
(1) not more than $21,000 may be used for official reception 
and representation expenses of the Supervisory Board of the 
Commission; 
(2) not more than $10,500 may be used for official reception 
and representation expenses of the Secretary of the Commis-
sion; and 
(3) not more than $43,500 may be used for official reception 
and representation expenses of the Administrator of the 
Commission. 
SEC. 3503. PURCHASE OF VEHICLES. 
Notwithstanding any other provision of law, the funds available 
to the Panama Canal Commission shall be available for the pur-
chase and transportation to the Republic of Panama of replacement 
passenger motor vehicles, the purchase price of which shall not 
exceed $26,000 per vehicle. 
PUBLIC LAW 106-65—OCT. 5, 1999 
113 STAT. 975 
SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION. 
(a) EXPENDITURES FROM PANAMA CANAL COMMISSION DISSOLU-
TION FUND.—Section 1305(c)(5) of the Panama Canal Act of 1979 
(22 U.S.C. 3714a(c)(5)) is amended by inserting "(A)" after "(5)" 
and by adding at the end the following: 
"(B) The office established by subsection (b) is authorized to 
expend or obligate funds from the Fund for the purposes enumer-
ated in clauses (i) and (ii) of paragraph (2)(A) until October 1, 
2004.". 
(b) OPERATION OF THE OFFICE OF TRANSITION ADMINISTRA-
TION.— 
(1) IN GENERAL.—The Panama Canal Act of 1979 (22 U.S.C. 
3601 et seq.) shall continue to govern the Office of Transition 
Administration until October 1, 2004. 
(2) PROCUREMENT.—For purposes of exercising authority 
under the procurement laws of the United States, the director 
of the Office of Transition Administration shall have the status 
of the head of an agency. 
(3) OFFICES.—The Office of Transition Administration shall 
have offices in the Republic of Panama and in the District 
of Columbia. Section 1110(b)(1) of the Panama Canal Act of 
1973 (22 U.S.C. 3620(b)(1)) does not apply to such office in 
the Republic of Panama. 
(4) OFFICE OF TRANSITION ADMINISTRATION DEFINED.—In 
this subsection the term "Office of Transition Administration" 
means the office established under section 1305 of the Panama 
Canal Act of 1979 (22 U.S.C. 3714a) to close out the affairs 
of the Panama Canal Commission. 
(5) EFFECTIVE DATE.—This subsection shall be effective 
on and after the termination of the Panama Canal Treaty 
of 1977. 
(c) OVERSIGHT OF CLOSE-OUT ACTIVITIES.—The Panama Canal 
Commission shall enter into an agreement with the head of a 
department or agency of the Federal Government to supervise the 
close out of the affairs of the Commission under section 1305 
of the Panama Canal Act of 1979 £ind to certify the completion 
of that function. 
22 u s e 3714a 
note. 
22 u s e 3714a 
note. 
SEC. 3505. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES. 
Expenditures authorized under this title may be made only 
in accordance with the Panama Canal Treaties of 1977 and any 
law of the United States implementing those treaties. 
TITLE XXXVI—MARITIME 
ADMINISTRATION 
Sec. 3601. Short title. 
Sec. 3602. Authorization of appropriations for fiscal year 2000. 
Sec. 3603. Extension of war risk insurance authority. 
Sec. 3604. Ownership of the JEREMIAH O'BRIEN. 
SEC. 3601. SHORT TITLE. 
This title may be cited as the 
Authorization Act for Fiscal Year 2000". 
"Maritime Administration 
Maritime 
Administration 
Authorization 
Act for Fiscal 
Year 2000. 
46 u s e app. 
1245 note. 
113 STAT. 976 
PUBLIC LAW 106-65—OCT. 5, 1999 
SEC. 3602. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
2000. 
Funds are hereby authorized to be appropriated, to be available 
without fiscal year limitation if so provided in appropriations Acts, 
for the use of the Department of Transportation for the Maritime 
Administration as follows: 
(1) For expenses necessary for operations and training 
activities, $79,764,000 for fiscal year 2000. 
(2) For expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1271 et seq.), $14,893,000 for fiscal year 2000, of which— 
(A) $11,000,000 is for the cost (as defined in section 
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5))) of loan guarantees under the program; and 
(B) $3,893,000 is for administrative expenses related 
to loan guarantee commitments under the program. 
SEC. 3603. EXTENSION OF WAR RISK INSURANCE AUTHORITY. 
Section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1294) is amended by striking "June 30, 2000" and inserting "June 
30, 2005". 
SEC. 3604. OWNERSHIP OF THE JEREMIAH O'BRIEN. 
Section 3302(1)(1)(C) of title 46, United States Code, is amended 
by striking "owned by the United States Maritime Administration" 
and inserting "owned by the National Liberty Ship Memorial, Inc.". 
Approved October 5, 1999. 
LEGISLATIVE HISTORY—S. 1059 (H.R. 1401): 
HOUSE REPORTS: Nos. 106-162 accompanying H.R. 1401 (Comm. on Armed Serv-
ices) and 106-301 (Comm. of Conference). > 
SENATE REPORTS: No. 106-50 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
May 24-27, considered and passed Senate. 
June 14, considered and passed House, amended, in lieu of H.R. 1401. 
Sept. 15, House agreed to conference report. 
Sept. 21, 22, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Oct. 5, Presidential remarks and statement.