Congressional Record (Bound Edition), Volume 145 (1999), Part 9 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000

[Congressional Record (Bound Edition), Volume 145 (1999), Part 9]
[House]
[Pages 12131-12227]
[From the U.S. Government Publishing Office, www.gpo.gov]

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000

Mrs. MYRICK. Madam Speaker, by direction of the Committee on Rules, I
call up House Resolution 200 and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 200

Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 1401) to authorize appropriations for fiscal
years 2000 and 2001 for military activities of the Department
of Defense, to prescribe military personnel strengths for
fiscal years 2000 and 2001, and for other purposes. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Armed Services.
After general debate the bill shall be considered for
amendment under the five-minute rule.
Sec. 2. (a) It shall be in order to consider as an original
bill for the purpose of amendment under the five-minute rule
the amendment in the nature of a substitute recommended by
the Committee on Armed Services now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered as read. All points of order against the committee
amendment in the nature of a substitute are waived.
(b) No amendment to the committee amendment in the nature
of a substitute shall be in order except the amendments
printed in the report of the Committee on Rules accompanying
this resolution, amendments en bloc described in section 3 of
this resolution, the amendment by Representative Cox of
California printed on June 8, 1999, in the portion of the
Congressional Record designated for that purpose in clause 8
of rule XVIII, and pro forma amendments offered by the
chairman and ranking minority member of the Committee on
Armed Services for the purpose of debate.
(c) Except as specified in section 5 of this resolution,
each amendment printed in the report of the Committee on
Rules shall be considered only in the order printed in the
report, may be offered only by a Member designated in the
report, shall be considered as read, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. Unless otherwise specified in the
report, each amendment printed in the report shall be
debatable for 10 minutes equally divided and controlled by

[[Page 12132]]

the proponent and an opponent and shall not be subject to
amendment (except that the chairman and ranking minority
member of the Committee on Armed Services each may offer one
pro forma amendment for the purpose of further debate on any
pending amendment).
(d) All points of order against amendments printed in the
report of the Committee on Rules or amendments en bloc
described in section 3 of this resolution are waived.
(e) Consideration of the last five amendments in part A of
the report of the Committee on Rules shall begin with an
additional period of general debate, which shall be confined
to the subject of United States policy relating to the
conflict in Kosovo, and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on Armed Services.
Sec. 3. It shall be in order at any time for the chairman
of the Committee on Armed Services or his designee to offer
amendments en bloc consisting of amendments printed in part B
of the report of the Committee on Rules not earlier disposed
of or germane modifications of any such amendment. Amendments
en bloc offered pursuant to this section shall be considered
as read (except that modifications shall be reported), shall
be debatable for 20 minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
Armed Services or their designees, shall not be subject to
amendment, and shall not be subject to a demand for division
of the question in the House or in the Committee of the
Whole. For the purpose of inclusion in such amendments en
bloc, an amendment printed in the form of a motion to strike
may be modified to the form of a germane perfecting amendment
to the text originally proposed to be stricken. The original
proponent of an amendment included in such amendments en bloc
may insert a statement in the Congressional Record
immediately before the disposition of the amendments en bloc.
Sec. 4. The Chairman of the Committee of the Whole may: (1)
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment; and (2) reduce to five minutes the minimum time
for electronic voting on any postponed question that follows
another electronic vote without intervening business,
provided that the minimum time for electronic voting on the
first in any series of questions shall be 15 minutes.
Sec. 5. (a) The Chairman of the Committee of the Whole may
recognize for consideration of any amendment printed in the
report of the Committee on Rules out of the order printed,
but not sooner than one hour after the chairman of the
Committee on Armed Services or a designee announces from the
floor a request to that effect.
(b) Before consideration of any other amendment it shall be
in order to consider the amendment printed in the
Congressional Record of June 8, 1999, by Representative Cox
of California and described in section 2(b) of this
resolution, if offered by Representative Cox or his designee.
That amendment shall be considered as read, shall be
debatable for one hour equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment,
and shall not be subject to a demand for division of the
question in the House or in the Committee of the Whole. All
points order against that amendment are waived.
Sec. 6. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
Sec. 7. After passage of H.R. 1401, it shall be in order to
take from the Speaker's table the bill S. 1059 and to
consider the Senate bill in the House. All points of order
against the Senate bill and against its consideration are
waived. It shall be in order to move to strike all after the
enacting clause of the Senate bill and to insert in lieu
thereof the provisions of H.R. 1401 as passed by the House.
All points of order against that motion are waived.
Sec. 8. House Resolution 195 is laid on the table.

{time} 1100

The SPEAKER pro tempore (Mrs. Emerson). The gentlewoman from North
Carolina (Mrs. Myrick) is recognized for 1 hour.
Mrs. MYRICK. Madam Speaker, for purposes of debate only, I yield the
customary 30 minutes to the gentleman from Texas (Mr. Frost), pending
which I yield myself such time as I may consume. During consideration
of this resolution, all time yielded is for the purpose of debate only.
Madam Speaker, yesterday the Committee on Rules met and granted a
structured rule for H.R. 1401, the Fiscal Year 2000 Department of
Defense Authorization Act. The rule waives all points of order against
consideration of the bill.
The rule provides for 1 hour of general debate, equally divided
between the Chairman and ranking minority member of the Committee on
Armed Services. The rule makes in order the Committee on Armed Services
amendment in the nature of a substitute now printed in the bill, which
shall be considered as read.
The rule waives all points of order against the amendment in the
nature of a substitute. The rule makes in order only those amendments
printed in the Committee on Rules report and pro forma amendments
offered by the chairman and ranking minority member of the Committee on
Armed Services for the purposes of debate.
Amendments printed in Part B of the Committee on Rules report may be
offered en bloc. The rule makes in order an amendment by the gentleman
from California (Mr. Cox) printed on June 8, 1999, in the Congressional
Record.
The rule provides that except as specified in section 5 of the
resolution, amendments will be considered only in the order specified
in the report, may be offered only by a Member designated in the
report, shall be considered as read, and shall not be subject to a
demand for a division of the question.
The rule provides that except as otherwise specified in the report,
each amendment printed in the report shall be debatable for 10 minutes,
equally divided and controlled by the proponent and an opponent, and
shall not be subject to amendment, except that the chairman and ranking
minority member of the Committee on Armed Services each may offer one
pro forma amendment for the purpose of further debate on any pending
amendment.
The rule waives all points of order against the amendments printed in
the Committee on Rules report and those amendments en bloc described in
section 3 of the resolution.
The rule provides an additional period of general debate prior to the
consideration of the last 5 amendments in Part A of the Committee on
Rules report for 1 hour, which shall be confined to the subject of
United States policy relating to the conflict in Kosovo.
The rule authorizes the chairman of the Committee on Armed Services
or his designee to offer amendments en bloc consisting of amendments
printed in Part B of the Committee on Rules report or germane
modifications thereto which shall be considered as read, except that
modifications shall be reported, shall be debatable for 20 minutes,
equally divided between the chairman and ranking minority member of the
Committee on Armed Services or their designees, and shall not be
subject to amendment or demand for a division of the question.
The rule provides that for the purpose of inclusion in such
amendments en bloc, an amendment printed in the form of a motion to
strike may be modified to the form of a germane perfecting amendment to
the text originally proposed to be stricken. The original proponent of
an amendment included in such amendments en bloc may insert a statement
in the Congressional Record immediately before the disposition of the
en bloc amendments.
The rule allows the chairman of the Committee of the Whole to
postpone votes during consideration of the bill, and to reduce voting
time to 5 minutes on a postponed question if the vote follows a 15-
minute vote.
The rule permits the chairman of the Committee of the Whole to
recognize for consideration of any amendment printed in the report out
of order in which printed, but not sooner than 1 hour after the
chairman of the Committee on Armed Services or a designee announces
from the floor a request to that effect.
The rule provides that before consideration of any other amendment,
it will be in order to consider the amendment printed in the
Congressional Record on June 8, 1999, by the gentleman from California
(Mr. Cox), if offered by the gentleman from California or his designee,
which will be considered as read, debatable for 1 hour,

[[Page 12133]]

equally divided and controlled by the proponent and an opponent, will
not be subject to amendment, and will not be subject to a demand for a
division of the question in the House or in the Committee of the Whole,
and waives all points of order against the amendment.
The rule provides for one motion to recommit with or without
instructions. The rule provides that after passage of H.R. 1401, it
shall be in order to take from the Speaker's table S. 1059 and to
consider the Senate bill in the House.
The rule waives all points of order against the Senate bill and
against its consideration. The rule provides that it shall be in order
to move to strike all after the enacting clause of the Senate bill and
to insert in lieu thereof the provisions of H.R. 1401 as passed by the
House, and waives all points of order against the motion.
Finally, the rule provides that House Resolution 195 is laid upon the
table.
Madam Speaker, this new rule for the Fiscal Year 2000 Department of
Defense Authorization Act differs from the old rule, H.R. 195, in two
important ways. First, it makes in order several amendments relating to
the Kosovo conflict. The old rule self-executed out Section 1006 of the
authorization bill, which would end funding for a war in Kosovo on
October 1.
The new rule permits the gentleman from Missouri (Mr. Skelton) to
offer an amendment that would strike Section 1006, and it permits four
amendments that would make it harder for the President to fund an
extended military operation in the Balkans.
This new rule also includes a bipartisan amendment offered by the
gentleman from California (Mr. Cox) and the gentleman from Washington
(Mr. Dicks) to implement the Cox report and to crack down on spying at
nuclear labs.
In other words, Madam Speaker, the new rule provides for a full and
fair debate on Kosovo and this whole issue, and allows for a bipartisan
legislative answer to security lapses at our weapons facilities. This
is something that all Members should support.
The underlying legislation, H.R. 1401, is a good bill. It is a bill
that would allow us all to rest a little easier at night knowing that
our national defense is stronger and that our troops are being taken
care of.
We now know that China has stolen our nuclear technology, something
that the Soviet Union could not do during the entire Cold War. We live
in a dangerous world, but Congress is doing something about it. We are
working to protect our friends and family back home from our enemies
abroad.
We are helping to take some of our enlisted men off of food stamps by
giving them a 4.8 percent raise, and we are providing for a national
missile defense system so we can stop a warhead from China, if that day
ever comes. We are boosting the military's budget for weapons and
ammunition, and we are tightening security at our nuclear labs, doing
something to stop the wholesale loss of our military secrets.
Madam Speaker, the Committee on Rules received more than 90
amendments to this bill. We did our best to be fair and to make as many
amendments in order as we could. We made over half of them in order.
The rule allows for a full and open debate on all the major sources
of controversy, including publicly funded abortions and nuclear lab
security. It allows for a debate on a lot of smaller issues, too. So I
urge my colleagues to support this rule and to support the underlying
bill, because now more than ever we must provide for our national
security.
Madam Speaker, I reserve the balance of my time.
Mr. FROST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, my Republican colleagues bring us another rule for the
Department of Defense authorization. This rule I feel safe in saying
will pass, and thus this morning the Republican leadership will not be
faced with the embarrassing prospect of having to pull yet another rule
from the floor.
I will support the rule, Madam Speaker, but I do so only because of
my support for the DOD authorization and the importance of getting on
with the business of the House. That being said, I must point out that
this new rule presents us with yet another prospect of embarrassment.
This time the embarrassment will fall on the entire House of
Representatives, if not on our country.
In Cologne, the nations of Western Europe, the United States, and
Russia have finally managed to negotiate a peace settlement with the
regime which has systematically carried out horrifically bloody and
brutal acts in Kosovo.
The terms of the actual troop withdrawal are still a matter of
negotiation between the military forces of NATO and Yugoslavia. But
Madam Speaker, however fragile the prospect, the nations of the world
who subscribe to the rule of law are on the verge of accomplishing the
goal of removing the brutish oppressors from Kosovo.
So in the midst of the peace negotiations, the House now has under
consideration a rule which holds out the prospect of cutting off
support for the operations in Kosovo on September 30, and the Fowler
amendment, which would prohibit ground troops in Yugoslavia unless
authorized by Congress.

{time} 1115

Now, Madam Speaker, I am among those who pray fervently that this
conflict has come to an end. But I am also among those who believe that
dictating the terms of a peace can only be conducted from a position of
strength and resolve.
What kind of message are we about to send to Milosevic and his band
of thugs and murderers? Now is not the time to have this particular
debate. This rule and the debate it permits, as reported by the
Republican majority, is inappropriate and ill-advised.
Today's rule, authored by the Republican majority, is a travesty. By
authorizing votes to cut off spending in Kosovo while we are on the
verge of a dramatic victory, the majority makes the House of
Representatives a laughing stock and demonstrates to the entire world
that we are irrelevant. Let me repeat, the majority has chosen
irrelevance. This is a sad day for this institution.
There are those among the Republican majority who contend that the
last rule for this bill failed because of lack of Democratic support. I
would answer with two points. First, it is the obligation of the
majority to lead, not to lay blame. Second, the Republican majority
gave many Democratic Members no choice but to oppose the meager
offerings handed to them 2 weeks ago.
For example, this rule, unlike its predecessor, makes in order an
amendment which has the support of the ranking member of the China
Select Committee. Two weeks ago, the Republican majority summarily cut
the gentleman from Washington (Mr. Dicks) out of the process. This rule
will allow the House to consider recommendations of the Cox-Dicks
committee matters that are of the utmost importance to our national
security. Accordingly, many Democrats who opposed the last rule will
see this one in a different light.
Every year, this body debates our role in NATO, the cost associated
with our continued military presence in Europe, and the expectations we
as a NATO partner should have for the other nations in the alliance.
Yet, surprisingly, the last rule precluded such a debate, thus
generating a great deal of opposition in certain quarters in the
Democratic Caucus. The rule before us today will allow debate on this
issue, again perhaps reducing opposition to the rule.
But, Madam Speaker, this rule does not provide the opportunity for
the ranking member of the Committee on Commerce to offer an amendment
he presented to the Committee on Rules along with his chairman and the
chairman and ranking member of the Committee on Science. The Dingell
amendment speaks directly to a matter of jurisdiction of both the
Committee on Commerce and Committee on Science that has been included
in the Committee on Armed Services' bill. Yet, the House has once again
been precluded from considering this matter.

[[Page 12134]]

Madam Speaker, amendments offered by the gentlewoman from New York
(Ms. Velazquez), the ranking member of the Committee on Small Business,
as well as similar amendments offered by the gentlewoman from
California (Ms. Waters), relating to business opportunities for
minority and other disadvantaged small businesses, have been shut out
of the process.
These are issues of importance to the Democratic Members of this
body, Madam Speaker, and it would not be much of a surprise if Members
supporting those positions were to vote against the rule.
Madam Speaker, it is time for the House to move on this vitally
important proposal. In spite of the substantial shortcomings of this
rule, I will support it and urge my colleagues to do so as well.
Madam Speaker, I reserve the balance of my time.
Mrs. MYRICK. Madam Speaker, I yield 2 minutes to the gentlewoman from
New Mexico (Mrs. Wilson).
Mrs. WILSON. Madam Speaker, I rise to respond to the gentleman from
Texas (Mr. Frost). He talks about embarrassment of the leadership in
pulling a rule from the floor. As one of the Members on this side of
the aisle who had concern about the rule last week, I want to respond
to this and explain what I think leadership means.
I think that leaders listen. I think that leaders build consensus. I
think that leaders reach out to others, of whatever party or whatever
persuasion or whatever part of the country, to pull people together. I
think leaders recognize when they have made little mistakes and make
corrections of those mistakes.
I think we have a pretty good coach on this side of the aisle. He
coached wrestling, but most of us watch football. When the quarterback
sees a broken play, a good quarterback will call a time-out and pull
things back together. That is what leadership means, and that is why I
am proud to be a part of this great House.
Mrs. MYRICK. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. Dreier), the distinguished chairman of the Committee on
Rules.
Mr. DREIER. Madam Speaker, I thank my dear friend, the gentlewoman
from Charlotte, North Carolina (Mrs. Myrick), who, as I said at the
close of last night's Committee on Rules hearing, that she did a superb
job of managing this rule when it came up 2 weeks ago tomorrow, and she
is doing an even better job today, as I am sure. So I thank her for her
fine work.
This is a very important piece of legislation, and I believe that we
have been able to successfully work in a bipartisan way to address many
of the concerns that are there.
Contrary to the remarks that were just made by the gentleman from
Dallas, Texas (Mr. Frost), we did make 47 amendments in order; and that
is an awful lot of amendments. There are a lot of Democratic amendments
that have been made in order. We have got lots of amendments that are
done in a bipartisan way here. We will have, I suspect, 20 hours of
debate that will take place on this very important piece of
legislation.
So it is true that we were not able to satisfy every single concern
out there, either on the Democratic side or on the Republican side. But
I think that what we have got is a very, very reasonable balanced
approach. It is an important piece of legislation, one of the most
important issues that we can possibly address.
We as Republicans have made a strong commitment that we are going to
focus on the issues of improving public education, providing tax relief
for working Americans, preserving Social Security and Medicare, and the
very important issue of our national security.
Frankly, this administration, as we all know, has deployed 265,000
troops to 139 countries, obviously interested in security around the
world, I guess; but when it has come to a strong commitment to make
sure that our forces are equipped and ready to go, we have not seen the
kind of support that is necessary. This measure which the gentleman
from South Carolina (Mr. Spence) will be managing will help us address
that challenge.
We also are dealing with a very important report that has come out on
China and the transfer of technology. Again that is done in a
bipartisan way.
So I think that we have got a very good measure here, and I encourage
both Democrats and Republicans alike to support what is a balanced
rule.
Mr. FROST. Madam Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Turner).
Mr. TURNER. Madam Speaker, I came to the floor 2 weeks ago when this
bill was first offered to this House, thanking the Republican
leadership for striking language in the Committee on Rules that would
have prohibited any funds from this bill being used in operations in
Yugoslavia. I am very disappointed today to note that when this bill
comes back to the floor, it once again includes that objectionable
language.
Here we are at a critical point in time in the peacekeeping
operations, the peacekeeping negotiations, and we find that our
Republican leadership desires to cut off funding for all operations in
Yugoslavia on September 30.
This House passed on March 11 a resolution authorizing the use of
ground troops for a peacekeeping operation. I offered at that time an
amendment to that bill which provided that the troops of the United
States would be limited to 15 percent of the total force. This House,
by agreement in an amendment crafted at the conclusion of that debate,
accepted that language along with other reporting requirements. That
was a sound and reasonable thing to do.
I am advised by Mr. Berger this morning that the negotiations now
regarding peacekeeping would limit the U.S. troop participation again
to 15 percent of the total force. It is totally irresponsible for this
House to be considering legislation that would ban the use of any
funds, as of September 30, for peacekeeping operations in the Republic
of Yugoslavia.
We have come a long way in this battle of trying to save a million
and a half refugees who have been left homeless by this conflict. It is
my hope that this House will stand together in its resolve and with the
international community that has said no to Milosevic, that has said no
to genocide, that has said no to murder and rape, and has said yes to
peace. It is my hope that the House will adopt the Skelton amendment,
which will strike this objectionable language from the bill, the only
provision, by the way, that I have heard the White House say would
cause a veto of this legislation.
Now is the time to stand for peace. Now is the time to stand with the
international community that has stood with us in the NATO effort to
end the bloodshed and the slaughter and the genocide in Yugoslavia. At
the end of the 20th century, we must send a clear message to the world
that the United States and its allies will stand for peace and stand
against the kind of campaign that President Milosevic has waged against
his own people.
For 78 days, our bombing campaign has continued. We must see it
through to a successful conclusion. I urge my colleagues to accept the
Skelton amendment when it is brought to the floor.
Mrs. MYRICK. Madam Speaker, I yield 4 minutes to the distinguished
gentleman from Florida (Mr. Goss), the chairman of the Permanent Select
Committee on Intelligence.
Mr. GOSS. Madam Speaker, I thank the gentlewoman from North Carolina
(Mrs. Myrick) for yielding me this time, and I rise in support of this
complicated but fair rule and this very important Department of Defense
authorization bill that the gentlewoman is bringing forward for our
attention so capably today.
First, with respect to the rule, Members know that this has been an
extraordinarily challenging process. I think that this rule is now ripe
for Members' consideration. I congratulate the gentleman from
California (Chairman Dreier) and our committee for persistence in
navigating what obviously would be described as complex waters,
bringing this bill to the floor,

[[Page 12135]]

particularly the role of the gentlewoman from North Carolina (Mrs.
Myrick) that has been helpful.
We did the best we could to ensure that the most important areas of
debate were covered and to ensure that Members had options to vote on
with regard to those major issues. So there will be plenty of debate on
these subjects.
As for the underlying bill, Madam Speaker, I applaud our colleagues,
the gentleman from South Carolina (Mr. Spence) and the gentleman from
Missouri (Mr. Skelton) for bringing forward a bill that helps chart the
future of our Nation's defenses as we embark on the next century. I
would point out there is one from each side of the aisle in that
combination; in other words, bipartisan.
We have repeatedly emphasized the fact that our military has been
systematically underfunded and stretched well beyond its means for the
past years under the Clinton-Gore administration. As a result, our
armed services today have been provided with too little while being
asked to do too much. We all know that.
Now, with the engagements in Kosovo, Iraq, ongoing missions on the
Korean peninsula and a host of other unresolved missions underway, such
as perhaps Haiti and Bosnia, we are seeing all too clearly the cracks
and strains of a fighting force whose readiness is threatened, whose
morale is eroded, and whose training and equipment have declined
dangerously.
This legislation falls upon the commitment that this House made just
a few weeks ago in the supplemental funding bill that such harmful and
pennywise shortsightedness should be brought to an end.
Madam Speaker, as chairman of the Permanent Select Committee on
Intelligence, I know too well about the very real consequences we face
because of poor planning and lack of long-term commitment on the part
of policymakers to investing in a robust and modern defense capability.
My committee shares jurisdiction with the Committee on Armed Services
over a host of important military intelligence programs obviously.
I am happy to say we have always worked in very close concert to
ensure that the oversight of those programs is seamless, and I am very
pleased with the product before us today. Eyes, ears, and brains are
among the most important elements of a strong, smart, and effective
defense. That is what good intelligence is all about: force protection,
force enhancement. I am grateful for the support that this bill
provides.
Madam Speaker, America's attention in recent weeks has been riveted
by the events of Kosovo and by those disturbing revelations closer to
home about foreign penetration of our labs and failure of the Clinton-
Gore administration to provide proper protection of our most important
national secrets.
If there is a silver lining to those two significant front-page
matters is that they have helped galvanize public opinion about the
imperative of protecting our national security. It is not only
protecting our men and women in the Armed Forces and our interests here
and overseas, but also protecting the security of our most important
national secrets. They matter.
This legislation will provide the vehicle for important debate on how
we can best accomplish these crucial goals. I urge all Members and all
Americans to pay close attention. There really is nothing more
important that this Federal Government can or should be doing than
providing for the national defense. I believe Americans are counting on
this Congress to make up for the shortfalls in the Clinton-Gore
administration that have lead us to the situation we find today in our
defense. I urge support.
I would like to respond to the gentleman from Texas (Mr. Frost), my
friend and colleague on the Committee on Rules, and say simply that I
think it would be a huge embarrassment in not serving the public
properly in a representative form of government for us not to discuss
the Kosovo situation when we are talking about the defense
authorization bill.
Mr. FROST. Madam Speaker, I yield 3 minutes to the gentleman from
Missouri (Mr. Skelton).

{time} 1130

Mr. SKELTON. Mr. Speaker, I thank the gentleman from Texas for
yielding me this time and allowing me to speak on this rule.
As the ranking Democrat on the Committee on Armed Services, I fully
endorse this rule. I fully endorse the provisions that have been made
therein. The rule, as my colleagues know, was pulled some several days
ago. The Committee on Rules went back, rewrote the rule, allowed
several amendments, and I think that they did the right thing and I
thank them for it.
The gentleman from California (Mr. Dreier), the gentleman from
Massachusetts (Mr. Moakley), the gentleman from Texas (Mr. Frost), and
the others on that committee, I think, wrote a proper rule, which I do
support, with the proper amendments.
The second thing I wish to mention is that this is an excellent bill.
I have been on the Committee on Armed Services for a number of years
and, in my opinion, in looking at the legislation, in light of the fact
that we have won the Cold War and there is an uncertain future and
there are those in uniform today that are questioning whether they stay
in or whether they make a career of it, this bill gives great incentive
for them to reconsider and consider making a career of the military,
because we are doing some very good things for them in the pay, in the
pension and for their families.
In my opinion, this bill is the best that we have had since the early
1980s. I am very, very pleased and I thank the gentleman from South
Carolina (Mr. Spence) for his leadership as the chairman, and it is a
privilege to work with him and others on the committee that have been
excellent to work with. It is a bipartisan committee. We sent this bill
out of committee with a 55 to 1 vote.
I see my friendless gentleman from California (Mr. Hunter), chairman
of the Subcommittee on Military Procurement of the Committee on Armed
Services. He and the gentleman from Virginia (Mr. Sisisky) work so
well. As a matter of fact, they did such good work there are no major
amendments touching the procurement part of this legislation. It is a
tribute to them, and to all of those who worked very, very, hard on
this legislation. Of course, the staff did a wonderful job, and I
cannot brag about them enough, a bipartisan staff, and I thank them.
But I must say, Mr. Speaker, in all sincerity, this bill has a wart
on it. It is a major wart. We can cut it off by an amendment that I am
offering, or I will offer sometime during this debate. It is
interesting to note that we are winning or we have won, NATO and
America, the battle of Kosovo of 1999, and yet there are those, sadly,
with great melancholy in my heart, I see that they want to pull defeat
from victory by cutting off funds for those wonderful young men and
young women and what they are doing to secure peace in Europe, which
has a direct effect not only in the rest of Europe but on the United
States.
So with that, I will vote for the rule, and I urge support on my
amendment when that comes to pass.
Mrs. MYRICK. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Foley).
Mr. FOLEY. Mr. Speaker, let me thank the gentlewoman from North
Carolina for bringing this rule forward, and I urge all Members to
support the rule and particularly several amendments, one being the
Cox-Dicks amendment, the Spence amendment. Both have suggestions on
dealing with the nuclear labs and the theft of nuclear properties from
the United States.
We had an expression in the restaurant business, too many cooks and
not enough bottlewashers. Well, in pre-1974, we had the Atomic Energy
Commission; in 1974, we then initiated the Energy Reorg Act; and in
1977, President Carter had the idea to create the Department of Energy
and we transferred the functions of the Energy Research Development
Administration into the lab. And we know now from the testimony of the
Cox report that that was the period in time in which

[[Page 12136]]

the nuclear secrets were starting to be stolen.
So I would suggest to my colleagues the best remedy is what is
suggested by the gentleman from South Carolina (Mr. Spence), and that
requires the Secretary of Defense to establish a plan to transfer from
the DOE the national security functions. In the amendment of the
gentleman from California (Mr. Cox) and the gentleman from Washington
(Mr. Dicks) they ask the President to review and come back to Congress
and potentially recommend a similar type scenario.
My colleagues, over the next several weeks we will hear a lot of
bellyaching from this body about blaming the Chinese. Let us get even.
Let us blame them for stealing our secrets. But my colleagues, the
United States Congress, the United States Government, invited them into
our labs. Shame on us. Shame on us for having lax security, shame on us
for not protecting, shame on us for not having things like the
gentleman from California (Mr. Hunter) recommends today,
counterintelligence clarifications, security practices, polygraph tests
to make sure people are not walking home with their briefcases full of
our own technology. So in the next several weeks, rather than pointing
fingers at the Chinese Government, let us look inwardly at the problems
we have created ourselves.
Let us also focus on some underlying amendments such as the gentleman
from Florida (Mr. Goss) recommends on Haiti and removal of troops. The
gentleman from New Jersey (Mr. Franks), the gentleman from Connecticut
(Mr. Shays) and myself have an amendment on troop removal and troop
reduction in Europe. We cannot be everywhere for everyone, and the
American taxpayers cannot afford it. So I urge support of the rule and
urge support of the bill.
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Dingell).
Mr. DINGELL. Mr. Speaker, I rise in opposition to the rule. This rule
has many reasons for being opposed, but I confine myself to one glaring
defect. The rule would prohibit the House from considering a very
important and ill-considered provision of the bill. The provision would
require the Secretary of Energy to assign all national security
functions, including safeguards, security, health, safety, and
environment to the Assistant Secretary for Defense Programs.
This is not putting the fox in charge of the chicken house, this is
putting an imbecile in charge of an important national function and
major national concerns. It is this secretary, in his many incarnations
and in many diverse identities, that has been a major part of the
problems that we have confronted over the years.
When I was the chairman of the Subcommittee on Oversight and
Investigations of the Committee on Commerce, we investigated a
continuous series of lapses on security. We brought them constantly to
the attention of the administration, and nothing was done because it
was all handled by the institutional holder of this particular office.
The practical result of this is to assure the people that if we are
concerned with the security of the national labs and other aspects of
our activities within the Department of Energy, we are entrusting that
responsibility to probably, institutionally, the most incapable
individual in that particular place.
I have submitted an amendment to strike this section. It was a
bipartisan amendment which had the support of the gentleman from
Virginia (Mr. Tom Bliley), the chairman of the Committee on Commerce;
the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman of the
Committee on Science; and the gentleman from California (Mr. Brown),
the ranking member. The amendment also had the strong support of Energy
Secretary Bill Richardson, who, being aware of the situation there, has
recommended that the bill be vetoed if that provision is left in the
bill.
Despite the bipartisan nature of this amendment and the fact that the
bill could face a veto over the provision, the rule will not even allow
the House to decide the issue. That is an action of extraordinary
arrogance and high-handedness on the part of the Republican leadership
and on the part of the Committee on Rules. And I say that if we really
want to continue jeopardizing the well-being and the security of these
labs and of important national secrets, continuing to trust this
responsibility to this part of the Department of Energy is a major
mistake, one on which, having made our choice of fools, we can be
absolutely assured that we will now reap the whirlwind.
This is something which should not be done because the security of
the United States says otherwise. This is a part of the Department of
Energy, which has continuously presided over failures in security at
the national laboratories and at other parts of the Department of
Energy. So to continue this kind of folly is simply to assure that a
major calamity follows.
I urge my colleagues to reject this rule. This rule is high-handed
arrogance on the part of the Committee on Rules, the Republican
leadership, and also on the part of the Committee on Armed Services,
which is now taking care of one of their buddies and all of his special
interest lobbyists that have been cutting a fat hog at the expense of
the security of the United States.
Let me give just a brief background on what this provision is all
about. Currently, the Assistant Secretary for Defense Programs is
responsible for our national security programs, such as weapons
production and management of the nuclear stockpile. However, over time,
certain oversight functions have been given to independent offices
within the Department, because Secretaries have concluded that the
program offices were giving too little priority to needs such as
safeguards, security, safety, and the environment.
For example, during the Bush Administration, then-Secretary James
Watkins established an independent Office of Safeguards and Security,
after security lapses were documented at Rocky Flats and other
facilities. Similarly, after asking independent ``tiger teams'' to
assess the safety of our weapons facilities, Secretary Watkins was so
concerned that he was forced to close many of them for repairs. This
ultimately led to a Defense Facilities Safety Board, and an independent
office of Health, Safety, and the Environment. This office also assumed
responsibility for the clean up of weapons sites, such as Hanford,
where decades of neglect had left thousands of gallons of nuclear waste
seeping into the environment.
Now we are facing yet further evidence of an erosion of safeguards
and security at our DOE labs. Once again we are finding that those in
charge of those facilities are still failing to give these matters
proper attention. This can be expected when program managers have
competing priorities. Secretary Richardson has proposed creating a
senior officer reporting directly to the Secretary with the single
responsibility of ensuring security.
Instead, the bill would do the exact opposite, and return us to the
sixties and seventies, where there was no independent oversight of
security, safeguards, health, safety, and the environment.
I do not want to suggest that reorganizations alone can ever solve
the problems of safeguards and security. However, requiring the
Secretary to assign responsibility for these functions to the same
program managers with competing priorities is certainly the wrong
answer. That was the organization of the 60's, 70's and 80's. Those
were the years when these facilities went into unsafe disrepair, when
neighboring communities were polluted in the air and in the water, and
when secrets were stolen. Obviously, more needs to be done to beef up
our safeguards and security, but returning responsibility to those who
created the problem is not the answer.
My attached letter to Warren Rudman underscores my view that
independent assessments of security are required, and I ask unanimous
consent to insert it at this point.
Responsible reforms are needed at the Energy Department, but this
bill contains one poorly conceived change. Because this rule does not
allow us even to vote on this change, the rule should be defeated.
Mr. Speaker, I also provide for the Record documentation which
relates to my comments about this very serious matter.

Committee on Commerce,

Washington, DC, March 24, 1999.
Hon. Warren Rudman,
President's Foreign Intelligence Advisory Board, Washington,
DC.
Dear Warren: First, let me congratulate you on your recent
appointment to lead the bipartisan review of security threats
to the

[[Page 12137]]

U.S. nuclear weapons laboratories over the last twenty years.
I am hopeful that your review will finally focus appropriate
attention on a very serious and longstanding problem that has
been ignored, mismanaged, and/or covered up during several
Administrations. Unfortunately, your effort is only the
latest in a long line of reviews undertaken by, among others,
the General Accounting Office (GAO), the Department of Energy
(DOE) and its Inspector General, the U.S. Nuclear Command and
Control System Support Staff, and various Congressional
committees, the results of which have been uniformly ignored
by the responsible officials.
I am also writing to offer you my assistance as you
undertake this review. During my 14-year tenure as chairman,
the Subcommittee on Oversight and Investigations of the
Committee on Energy and Commerce conducted several classified
and unclassified inquiries into this matter. (This letter
discusses the unclassified portion of our work.) We found a
disturbing pattern of security weaknesses in the contractor-
run national weapons laboratories, along with extraordinary
lax oversight by the Department of Energy (DOE). As you may
already know, these problems included: laboratories refusing
to implement basic security precautions; DOE Secretaries and
other officials ignoring repeated warnings of security
problems; and bureaucratic obfuscation of the problems that
meant that even the National Security Council and the
President received inaccurate, misleading information.
Although our main focus initially was terrorism and physical
security, our concerns soon broadened to encompass other
significant security deficiencies and the system's management
problems.
The Subcommittee, on a bipartisan basis, sought
continuously to bring these problems to light, and to fix the
underlying weaknesses, such as the lack of independent
security oversight, that allowed problems to persist. This
work required a sustained effort over several years, work
made more difficult because of the recalcitrance of the
contractors running the national laboratories. You should
expect significant difficulties in arriving at a full
understanding of the problems, particularly if, given your
right deadline, you are forced to rely on those contractors
and government officials responsible for managing the
laboratories over the last twenty years.
The Subcommittee's work on this matter began in 1981 in
response to efforts to undermine independent review of
security threats. The Department of Energy's Assistant
Secretary of Energy for Defense Programs had become concerned
in 1979 about the level of security at the weapons
laboratories. As recommended by the General Accounting Office
(GAO) in 1977, and also the Inspector General, he established
an independent, inter-agency group that reported directly to
him on the adequacy of safeguards at these facilities. This
program employed some of the best experts in the country in
terrorism, sabotage, protection of classified material and
related activities. This group found that the safeguards at
the most critical facilities--which included Los Alamos--were
in shambles while, at the same time, DOE's Office of
Safeguards and Security was giving the facilities a clean
bill of health.
However, in 1981, when a new Administration took over, the
Assistant Secretary was replaced by a high-ranking official
from Los Alamos National Laboratory who immediately shut down
the independent assessment program. In 1982, in a classified
report to the Subcommittee, GAO strongly recommended (in part
because DOE was submitting misleading reports to the National
Security Council) the reinstitution of an independent
assessment program which would report directly to the Under
Secretary of the DOE. Two hearings by the Subcommittee in
1982 and 1983 focused on the organizational problems at DOE
and the GAO recommendation. In 1983, the Committee adopted,
with strong bipartisan support, an amendment to the DOE
Defense Authorization bill establishing an independent Office
of Safeguards Evaluation reporting directly to the Secretary.
Unfortunately, the bill never received floor consideration.
Attempts by the Subcommittee and others in 1983-84 to
establish an independent evaluations office within DOE were
turned down by the Secretary and the Assistant Secretary for
Defense Programs, who wanted the evaluations program under
his control. Independence was critical because, during the
Subcommittee's work, top officials misled the Subcommittee
and harassed a DOE whistleblower. In 1984, the Subcommittee
held a hearing on the Department's attempts to strip the
employee's security clearance and issued a report. The
Department rewarded the harassers with promotions, bonuses
and medals. In 1984, the Department also terminated an
investigation by its Inspector General into management
adequacy in the safeguards and security program.
The Subcommittee also attempted to alert President Reagan
to its concerns. In 1984, however, DOE officials told the
President there was nothing to be concerned about. In January
1986, prior to his briefing by DOE on the status of
safeguards and security, I wrote a letter to President Reagan
listing general problem areas. These included: credibility of
the inspection and evaluation program; inadequately trained
guard forces; inadequate protection against insider threats;
inability to track and recover special nuclear materials and
weapons if they were stolen; inadequate protection of
classified information; inverse reward and punishment system
for the contractors; and lack of funding for safeguards and
security upgrades. (A copy of that letter is enclosed.) In
response, based on information provided by the national
laboratories and DOE officials, Secretary of Energy
Herrington wrote of ``significant progress'' and
``improvements,'' and Admiral Poindexter said he was
``impressed with the progress being made.''
The Subcommittee continued its work during President Bush's
Administration. Among other matters, it looked at inadequate
personnel security clearance practices at the laboratories
where it was immediately clear that there were inadequate
resources to do an effective job. That situation has not
changed to this day. The Subcommittee also began to review
the foreign visitors program--as did Senator Glenn, then
chair of the Senate Governmental Affairs Committee--and the
mysterious shutdown of an investigation into drug problems
and property controls at Lawrence Livermore Laboratory.
At the same time, Secretary Watkins' Safeguards and
Security Task Force recommended establishing independent
oversight functions which would report directly to the Under
Secretary. Once again, the recommendation was not
implemented, although Secretary Watkins did move the Office
of Security Evaluation out from under Defense Programs.
In 1991, the Subcommittee also reviewed the role the
Department may have played in allowing Iraq to augment its
nuclear capability. In May of 1989, DOE employees attempted
to alert Secretary Watkins to the fact that Iraq was shopping
for strategic nuclear technologies. They were not allowed to
brief the Secretary. But in August of 1989, three Iraqi
scientists attended the ``Ninth Symposium (International) on
Detonation'' sponsored by the three weapons labs, the Army,
Navy, and the Air Force. It was described by a DOE official
as the place to be ``if you were a potential nuclear weapons
proliferant.'' At the time, DOE didn't even have a
nonproliferation policy nuclear weapons proliferant.'' At the
time, DOE didn't even have a nonproliferation policy, and
Secretary Watkins was not briefed on the Iraqi threat until
May of 1990.
In 1991 and 1992, the Subcommittee received six GAO reports
critical of DOE's safeguards and security efforts. These
covered weaknesses in correcting discovered deficiencies,
incomplete safeguards and security plans, weak internal
controls, unreliable data on remedial efforts, inadequate
accountability for classified documents, and security force
weaknesses. Two other GAO reports noted that even basic
control measures for non-classified property were not in
place at the Lawrence Livermore National Laboratory, nor was
DOE oversight adequate.
Subcommittee staff met with Secretary O'Leary and her
senior staff in 1993 to outline these concerns. At the time
of the Republican takeover of the House in January 1995, when
my chairmanship ended, the problems had not gone away, and
recent GAO reports find little, if any, improvements. In
March of 1998, the U.S. Nuclear Command and Control System
Support Staff, an independent, federal-level organization
chartered by Presidential Directive to assess and monitor all
equipment, facilities, communications, personnel and
procedures used by the federal government in support of
nuclear weapons operations, recommended once again a high-
level, independent office to review safeguards and security
at DOE.
Many of us in the Congress have tried for years to address
the chronic problems at DOE's national laboratories. You now
have the opportunity to take an independent, comprehensive,
and bipartisan look at these security weaknesses.
Independence from those who have failed to solve these
problems--which includes officials at DOE and representatives
of the laboratory contractors who implement and establish
policies at the labs as if they are academic researchers, not
the guardians of our weapons secrets--is essential for your
review to accomplish more than the prior reviews. Similarly,
the independence of any future evaluations office will be
essential to any lasting progress.
Your review will not be easy work, but I stand ready to
help.
With every good wish.
Sincerely,
John D. Dingell,
Ranking Member.
Enclosures.
House of Representatives, Subcommittee on Oversight and
Investigations of the Committee on Energy and Commerce,
Washington, DC, January 28, 1986.
Hon. Ronald W. Reagan,
President of the United States,
The White House, Washington, DC.
Dear Mr. President: The Subcommittee on Oversight and
Investigations understands that you will soon be briefed by
senior officials of the Department of Energy (DOE) on

[[Page 12138]]

the adequacy of safeguards and security at DOE nuclear
weapons facilities. The Subcommittee has been conducting an
extensive review into the adequacy of DOE's safeguards and
security program since mid-1982. On several occasions, I have
written to you about the Subcommittee's concerns. The
Subcommittee staff has also briefed the staff of the National
Security Council and several members of the Council's staff
have attended our closed hearings.
While many improvements have been made, serious
vulnerabilities remain. Compounding this problem are
unresolved management issues and a lack of confidence in the
Department's Inspection and Evaluation function, which is
supposed to provide independent, credible assurances as to
the adequacy of safeguards and security. The Subcommittee
will be holding a closed hearing in the near future
concerning these issues and others. We will notify the
National Security Council of the date of our upcoming
hearing.
You have said many times that America will not be held
hostage to terrorism. You advocate strong actions to curb
this threat to the safety of not only the American people,
but to this international community as well. While strong
measures against terrorism are absolutely essential, we
should also be doing the best job possible to protect our
domestic nuclear weapons production facilities from the
catastrophic consequences of a terrorist attack.
Unfortunately, the Subcommittee has found that serious
safeguards and security vulnerabilities continue to exist at
some DOE nuclear weapons sites. The DOE's own internal
inspection reports show that plutonium and highly enriched
uranium are still highly vulnerable to theft and sabotage at
these locations. In meetings with the Subcommittee staff, DOE
officials seemed unaware of many of these vulnerabilities.
The Subcommittee will continue its vigorous oversight over
this critical program until the Department is doing an
adequate job to protect the nation's nuclear weapons complex.
The following are several generic problem areas that the
subcommittee believes must be resolved in order to have an
effective safeguards and security program and which you may
want to insure are addressed in your DOE briefing:
Credibility of the DOE's Inspection and Evaluation
program--The Subcommittee has evidence that Inspection and
Evaluation personnel altered ratings on inspections of
safeguards and security interests having important national
security significance. The rating system which is used is
highly misleading.
Guards forces are inadequately trained--In one exercise
using sophisticated testing apparatus known as MILES
equipment, the mock terrorists were able to steal plutonium
because of a bizarre sequence of blunders on the part of the
guard force. One machine gunner had not been trained to load
his weapon. Another guard's machine gun jammed and he was not
able to unjam it because he had not been trained adequately.
A helicopter was dispatched to chase the escaping terrorists.
The guards, however, were unable to fire on the terrorists
because they had forgotten to bring their weapons. The
terrorists disappeared into the woods. This is a contractor
guard force that is paid $40 million to guard this critical
site. This same guard force has lost M-16 rifles, has refused
to allow guards to carry loaded M-16 rifles and shotguns, and
has even defied DOE authority, yet received $762,400 in an
award fee in 1985 for ``excellent'' performance.
Inadequate protection against insider threat--During a
recent exercise at one of our most critical facilities, an
insider was able to smuggle a pistol, with a silencer, and
explosives into the facility to be used several days later in
a successful attempt to steal bomb parts containing
plutonium.
Use of deadly force by security guards--There is a conflict
with state law in some states over whether deadly force can
be used to prevent the theft of Special Nuclear Materials.
The DOE has been ``studying'' this matter since it was raised
in our September 1982 hearing. It is not resolved and,
therefore, is a continuing serious weakness.
Lack of coordination with the military; other Federal
agencies and local law enforcement for external assistance in
the event of an attack--At a Subcommittee hearing in
September 1982, concern was raised over the failure of the
DOE to provide for proper outside assistance. This issue is
far from resolved.
Inability to track and recover Special Nuclear Material and
nuclear weapons in the event they are stolen from the DOE--
The Subcommittee believes major problems exist. In a recent
test, the mock terrorists successfully stole plutonium bomb
parts and disappeared. DOE officials admit they would have
had a very low probability of locating the terrorists or the
bomb parts. To our knowledge, this capability has never been
adequately tested.
The Department's inverse rewards and punishment system--The
DOE continues to promote and reward officials who have been
responsible for safeguards and security problems, including
the misleading of the President and the Congress, while
holding back the careers of those employees who have tried to
improve safeguards and security and to insure that the
President and Congress are properly advised of major
safeguards and security deficiencies.
Inadequate protection of classified information--The DOE
has lost seven sensitive TOP SECRET documents that, to our
knowledge, have not been located. Computer systems are
vulnerable to compromising highly sensitive, classified data
in some DOE locations.
Reduction of funds for safeguards and security upgrades--
While the DOE has historically thrown money at its problems,
there are essential safeguards and security programs that
must be funded adequately. It is important that safeguards
and security effectiveness not be hurt due to lack of
adequate funding.
We both want adequate protection at these critical
facilities. I hope that these concerns will be helpful in
your efforts to insure that proper security throughout the
nuclear weapons complex does indeed become a reality. Please
inform the Subcommittee of your observations after receiving
your briefing.
The Subcommittee and its staff will be pleased to assist
you and the National Security Council in any way we can.
Sincerely,

John D. Dingell,

Chairman, Subcommittee on
Oversight and Investigations.

Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, I rise in support of the rule. But let
me address some of the things my colleague, the gentleman from Texas
(Mr. Frost), said about the bill being pulled last week.
First of all, this House had a vote and voted not to let any of the
emergency supplemental spending go for the expansion of the war in
Kosovo. When the President heard that we had that vote in the House, he
threatened to veto the bill if that provision was in there.
Many of us feel very, very strongly that emergency spending should
not be used to expand the involvement in Kosovo. We are flying 86
percent of all the sorties in Kosovo. And 90 percent of the weapons
that are being dropped by NATO are from the United States of America.
And when I talked to General Clark, he said, ``Well, Duke, our allies
don't have the standoff weapons.'' Then they need to pay for part of
this war.
With regard to the emergency spending dollars, the Joint Chiefs
testified that we need $148 billion more over several years even to
bring us up to the levels recommended by the QDR, or the bottom-up
review. That is $22 billion a year, and when we add $6 billion more per
year for Kosovo, that is $28 billion. And now let us look where we are.
The President wants to pull away more dollars in the emergency spending
to support Kosovo. Yes, we had a problem with that.
We are still spending $25 million a year in Haiti building
infrastructure and roads. How about the infrastructure of the United
States?
We are going to be lucky to get out of this with a bill of $100
billion to destroy then rebuild Kosovo. And I know the side of the
gentleman from Texas (Mr. Frost) and our side as well, we do not want
money to come out of Social Security. But we cannot spend $100 billion
in Kosovo and take emergency money and put it in there and not touch
Social Security or Medicare or medical research. My friend the
gentleman from Wisconsin (Mr. Obey) said when we wanted to double
medical research that that was a fallacy. Well, we cannot double
medical research when we spend $100 billion on Kosovo.
The United States and NATO have killed more civilians than Milosevic
killed in the year prior to NATO bombing Kosovo; there were 2,012
people killed before the bombing began. And the liberals say, well,
Milosevic had a plan to ethically kill. Well, we sure implemented that
plan, did we not? We drove out a million Albanians. And when we look at
those kids suffering, that's right we had a problem with the bill and
wanted to kill it, because the President said he would veto it if we
stopped him from expanding Kosovo.
I will not let him be nominated for the Nobel Peace Prize to save his
legacy by getting people killed.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.

[[Page 12139]]

It is extraordinary that the majority cannot stand for the fact that
President Clinton has done something right and that we are about to win
a great victory in Yugoslavia. It is absolutely extraordinary. Foreign
policy historically in this country has been conducted on a bipartisan
basis.
We are about to succeed, and yet they stand in the well of the House
and want to say what a terrible policy it was and how we should cut off
funding. That is an extraordinary result.
Mr. Speaker, I yield 3 minutes to the gentleman from Washington (Mr.
Dicks).
Mr. DICKS. Mr. Speaker, I support this rule and I would like to thank
the gentleman from California (Mr. Dreier) and the ranking member, the
gentleman from Massachusetts (Mr. Moakley) for their indulgence last
night as the gentleman from California (Mr. Cox) and I put the
finishing touches on our bipartisan amendment.
This rule makes in order the Cox-Dicks amendment as the first order
of business this morning. We have a strong bipartisan response to the
security problems at the Department of Energy and the other security
problems identified in the report of our committee. I urge every Member
to support the amendment.
The gentleman from California (Mr. Cox) and I worked in good faith to
identify a common ground on these issues. And the amendment, while not
perfect in either of our eyes, is a good compromise. We have agreed to
work on several issues in conference where we have common goals but
where the amendment's language may require perfection and adjustment.
In particular, it was my intention that the amendment would not
affect the nuclear navy, and this is an example of an issue that we
have committed to work out in conference. We have also agreed to
address in conference concerns that by requiring the Department of
Defense to hire security personnel at launch campaigns we may undermine
existing bilateral agreements with China and Russia. The rule makes in
order a range of amendments related to similar security concerns.
Members are right to be concerned about this issue, and I think most of
these amendments attack the right issues.

{time} 1145

In almost every case, our amendment has a very similar or even
identical provision to those being offered by other Members. While I
respect every Member's right to offer their amendment in order under
the rule, I urge those Members to consult our amendment and not offer
it where it duplicates provisions that may have already passed the
House.
In particular, I cannot support the Ryan amendment, number 7, which
largely duplicates the moratorium provision in the Cox-Dicks amendment
but reduces incentive for security improvements at the labs by
extending a punitive moratorium on the labs well after appropriate
security measures are in place. I support the rule and urge Members to
support the Cox-Dicks amendment.
I also want to associate myself with the remarks of the gentleman
from Texas. I think this is one of the most extraordinary situations
where we would be considering cutting off money for the peacekeeping
effort that is going to come after this victory in the air war. And I
think we should be here today congratulating the young men and women
who have flown 30,000 sorties in Kosovo for the tremendous job that
they have done.
We have not lost a single American life in combat. And we have seen
also for the first time the use of the B-2 bomber, the use of JDAMs.
This has been one of the most effective military operations in the
history of the country. And when I go over there and talk to the
personnel, their faces are not dragging. They are proud of what they
are doing. They are proud of what they have been trained to do, and
they are accomplishing it. And they did a tremendous job.
And for this House to be voting on whether we are going to support
this effort at this point is utterly ridiculous, and I hope the
majority will reconsider their position and support the effort.
Mrs. MYRICK. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, I would like to respond to the gentleman
from Texas again. He said the President is doing the right thing.
We do not kill more civilians in Kosovo than the Serbs do and call
that a victory. We do not increase the forced removal of Albanians
faster than the Serbs did and call that a win. We do not cost us a
hundred billion dollars in rebuilding Kosovo and the cost of this war
and cut money out of Social Security, Medicare, education, and medical
research and call that a win. We do not damage our relationship with
Russia and China and call this a win.
Yes, I am very, very proud, I say to the gentleman from Washington
(Mr. Dicks), of our military. The gentleman knows me by now, and I
support them 100 percent.
But I want my colleague to take a look at this document and apply it.
It says that eighty percent of the people in this country do not trust
the President of the United States. Only 69 percent do not trust
Milosevic.
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Georgia (Ms. McKinney).
Ms. McKINNEY. Mr. Speaker, I rise to support this rule, and I call
upon the President of the United States to bring an immediate end to
the illegal and immoral bombing of the former Republic of Yugoslavia.
From the beginning of the bombing campaign, the Clinton
administration has asserted that there are only two alternatives
available to us: either do nothing to end the violent oppression of the
people of Kosovo, or bomb.
That premise is false. And following it, President Clinton set us on
a course that former President Carter correctly described as
counterproductive, senseless, and excessively brutal. I would add also,
entirely avoidable.
NATO made a grievous miscalculation in offering an ultimatum to
Milosevic at Rambouillet that included provisions in Appendix B that
amounted to a NATO military occupation of all of Serbia.
Either by design or miscalculation, we abandoned diplomatic channels
that were still open in favor of ultimatums and brinksmanship. The
result, as we all know, has been the worst humanitarian disaster in
Europe since the end of the Second World War.
For the past 2\1/2\ months, we have seen vivid evidence of man's
capacity for cruelty to his fellow man. Throughout, each side has
engaged in a media bidding war each attributing to the other for
foreign and domestic political consumption the greater aggression, the
greatest atrocity, the most horrific violations of human dignity.
I fear that when this war ends, and I fervently hope that it will end
soon, we will be subjected to another media war, with each side
claiming victory. I do know that our efforts to help the people of
Kosovo have left them a nation of refugees with their civilian
infrastructure destroyed. We have become a military ally of a terrorist
organization, the KLA, and we have effectively destroyed the non-
violent Democratic opposition to Milosevic in Yugoslavia. We have
trampled international law, marginalized the United Nations, ignored
the War Powers Act, and violated the Geneva Convention's prohibition
against targeting civilians.
Closer to home, we have diverted billions of tax dollars from Social
Security and nutrition programs to weapons programs, and our relations
with nuclear powers China and Russia have been set back to the days of
the Cold War.
It is clear to me that there are no winners in this war, no winners,
with the possible exception of the weapons makers and the undertakers.
Mr. Speaker, cluster bombs dropped on civilians are never and will
never be a form of humanitarian intervention. It is time for us to put
aside the egos of men and declare peace for our children. It is time to
end the bombing.
Mrs. MYRICK. Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Woolsey).

[[Page 12140]]

Ms. WOOLSEY. Mr. Speaker, I am disappointed that today's defense
authorization bill does not address the defense burden which the United
States continues to shoulder for our European allies.
My colleagues, I think we need a history lesson. Lesson number one:
The Second World War ended more than 50 years ago. Lesson number two:
The Cold War ended 8 years ago. And in case we forget, we won.
We defeated fascism and we defeated communism. But the defense bill
completely ignores this reality.
Right now many of our European allies enjoy a higher standard of
living than we do here in America. Somehow these nations can support
education, they can support health care, child care, and vital social
programs because we keep paying their military bills. It appears that
our European allies have gotten used to American taxpayers picking up
the tab for their common defense and they do not feel obligated to
increase their contributions. I do not know about my colleagues, but I
am tired of Uncle Sam acting like Uncle Sucker.
Right now, one U.S. Army division in peaceful Europe costs the United
States taxpayers $2 billion a year. With that money we could fund
50,000 new teachers. With $2 billion we could offer a college
education, including tuition, fees and books to 500,000 students who
could not otherwise afford college.
The time has come. The time has come, Mr. Speaker, for our allies to
share the burden of their own defense. The time has come for shared
responsibility. The time has come for the United States to reap the
investment that we have made in our country so that we can invest in
our children, our seniors, and our environment.
That is why I urge my colleagues to support the Shays-Franks
amendment to increase burden sharing.
Mrs. MYRICK. Mr. Speaker, I yield 7 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, I thank the gentlewoman for her excellent
leadership of this very, very important rule.
I want to thank the ranking member and all the members of the
Committee on Rules who did struggle to put together a rule that was
laid against a background of a number of very strong concerns by
Members of the House. They have done an excellent job, and I urge all
Members to vote for this rule.
My colleagues, let us take a look at the state of defense. That is
the situation that this rule and this bill address. The state of
defense is that we have a force structure, meaning an Army, a Navy, an
Air Force and a Marines that are a little more than half the size that
they were just a few years ago.
In 1990, we had 18 army divisions. Today we have been cut down to 10.
We had 24 fighter air wings, active air wings. Today we are down to 13.
We had 546 navy ships. Today we are down to 325 and dropping.
Now, the gentlewoman that just spoke talked about things that we
could do with the money that we could cut from defense. I am here to
tell her we have cut an enormous amount of money in defense. This bill
is roughly $150 billion less in real dollars than the defense bill that
this House passed in 1985. We have slashed defense.
The state of defense is this: We are short on ammunition. Across the
spectrum, starting with cruise missiles and going down to the smallest
M-16 bullets, we are short even after we passed this bill; and
considering the full amount that was put into the supplemental, we will
still be short, by our analysis, about $13 billion dollars below the
two-war requirement that was laid out as the responsibility for this
government to fulfill so that our fighting people would have enough
ammo in their bandoliers should we have to fight a two-contingency or
two-war situation.
With respect to spare parts, we are down on spare parts. And every
time we are told by a member of the Pentagon that spare parts are
looking better, that the accounts are being filled, we go out to the
field and we find that all the services across the board, the Marine
Corps, the Air Force, the Army and the Navy, are down about 10 percent
in mission capability.
That means that if we asked the Navy how many of their fighter
aircraft are able to do the mission, it is a little over 7 out of 10.
That means 3 out of 10 cannot do the mission. With the Marine Corps and
the Navy, actually it is down to about 61 percent mission capability.
That means 4 out of 10 cannot do their mission.
With respect to personnel, we are going to be about 800 pilots short
this year in the Air Force, and that figure is rising. Remember, we do
not have a draft. We cannot force people to join the military and serve
this country.
I know Members of this House and members of the country, our
constituents, are also amazed when they travel abroad or they go to a
military base or they talk to our military, our men and women in
uniform, and they look at the very difficult jobs that they fulfill
every day, jobs that are much less convenient, much less comfortable
than most of the jobs on what they call the outside; that is, the
civilian economy. And yet they do that because they have a dedication
to this country.
We are low on military pay. Since 1980, we have allowed that pay gap
between the civilian and the military sector to widen to 13\1/2\
percent. That means an electronics technician in the Navy gets, on the
average, 13\1/2\ percent less than if he was working on the outside.
And that is one reason why we are 18,000 sailors short right now and
800 pilots short in the Air Force.
And we are short Apache helicopter pilots. And we are seeing a bigger
and bigger separation rate even in Marine aviation, which has also had
the highest retention rate. We have lost a lot of aircraft in the last
year.
One of the best examples of the best reflection of how old our force
is and our equipment is, is how many of them fall down in peacetime and
crash. We lost, by our calculations, in the last 14 months, 55 military
aircraft crashing in peacetime operations, with 55 fatalities involved,
55 men and women in uniform dying as a result of military aircraft
going down in peacetime operations.
We are not replacing aircraft as fast as we are crashing them because
we have an inadequate budget. Well, let us go to the budget and what we
do with this defense bill. We do increase defense spending a very small
amount. We do not come anywhere close to starting to close that $150
billion gap, that cut between what we spent in 1985 and what we spend
today, but we are starting to turn the corner.
We put in more money for ammunition, more money for spare parts. We
are putting in a little more money for modernization. That means
replacing some of those old systems that are crashing on us now with
new systems, with new platforms. We are trying to address this problem
with respect to the national labs.
Let me just say with respect to the Cox report and the Cox-Dicks
package that is going to be put into place, I want to applaud my
colleagues for putting that together.
I do want to say, with respect to the Ryan amendment, that would give
a 2-year moratorium on foreign visitors to the laboratory. I think that
is much more reasonable than the 30-day moratorium that has been
offered in the report. In that sense, I think there has been some
watering down of what I know some of the leaders of the report on both
sides of the aisle would like to see.
I do not see any reason to have Iraqis and Iranian nationals coming
over from their countries and go into laboratories in our nuclear
procurement system, in our nuclear development system, any laboratory
in the U.S.
So we have an excellent bill before us.

{time} 1200

I do commend our colleagues for putting together a package with
respect to lab security with respect to foreign visitors. I think we
need to go with the Ryun amendment. I also see the hand of industry to
some degree in neutralizing a tough supercomputer transfer to China
amendment; that is, we are still going to allow supercomputers to be
transferred to China even though we

[[Page 12141]]

have done no end use verification to speak of in the last couple of
years.
Mr. Speaker, this bill starts to turn the corner on rebuilding
national security. Let us vote for the rule and vote for the bill and
get on with our work.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
We have a great paradox before us today. As the gentleman from
Missouri (Mr. Skelton), the ranking Democrat, outlined, this is a good
piece of legislation. It is a terrible rule for a good piece of
legislation, and it is a terrible rule because the majority leadership
has chosen to make in order an amendment which would deny funds and
also to preserve in the bill a provision that they had originally
stricken 2 weeks ago but now they have put back in the bill which would
deny funds for peacekeeping in Kosovo.
The rest of the bill is fundamentally a good bill. But this is truly
extraordinary that as we are on the brink of a great victory and
success that members on the majority cannot acknowledge success, cannot
acknowledge that we have scored a victory but must persist till the
very end in trying to score political points against a President and a
policy that they do not like.
Mr. DICKS. Mr. Speaker, will the gentleman yield?
Mr. FROST. I yield to the gentleman from Washington.
Mr. DICKS. It is almost as if they just cannot cope with the fact
that Bill Clinton, President of the United States, the Commander in
Chief, the head of the free world and NATO, has put together this
coalition to stop this terrible ethnic cleansing. And I understand some
of the arguments that are made but the bottom line is that it has
worked. We are on the verge of establishing the peace. Yet we are here
voting on whether we are going to cut off the money for the operation.
In my whole career, I have not seen anything more ludicrous than this.
Mr. FROST. It is particularly extraordinary because the gentleman and
I 10 years ago supported President Bush when he was attempting to
succeed against Saddam Hussein and in fact was successful against
Saddam Hussein. We went across party lines and joined with the
Republican President and rejoiced in the success of a Republican
President.
Mr. DICKS. And once the decision was made to go, if the gentleman
will continue to yield, there was no undercutting or backstabbing or
trying to go back and revisit the decision. The decision was made and
then we rallied around the decision and we were proud of our forces
when they did an outstanding job. Instead, we still have these votes
day after day here to try to undermine the policy, which is ridiculous.
We should be supporting this. It is a very successful military
campaign, one of the most successful in the history of this country,
without the loss of a single life. Two kids in a test situation were
killed unfortunately but to execute this air war, it is one of the most
incredible things that I have ever seen in my 21 years on the defense
subcommittee.
Mr. FROST. Reclaiming my time, as I tried to say throughout this
debate, this is really a sad day for us here in the House of
Representatives, that the majority feels obligated to grab hold of the
President like a dog with a bone and not let go, will not let go in the
face of success. I do not understand it, and I do not think people
watching this and I do not think people reading about this, whether
they are in the United States or whether they are in Europe, will
understand what is being done here today. This is a fundamentally good
bill. There are a lot of very good things in this bill. Yet the
majority spoils this entire consideration today by refusing to accept a
successful military operation.
Mr. Speaker, I yield back the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield myself such time as I may consume.
Just a couple of things in relation to the comments from the gentleman.
I suggest that you ask the Apache crew if there was not a loss of life
and also the Kosovo funding amendment passed overwhelmingly in the
House. It was a bipartisan agreement, too, I might say. So I want to
say that this is not a partisan rule that is being brought to the floor
because we are going to have this discussion. There were 99 amendments
total presented and 47 of them were made in order. I will say based on
the percentages of each Republican and Democrat body that were
presented, the percentages are very, very fair. We will have about 20
hours, anyway, of debate on this over the next couple of days. So it is
very encouraging to me that we are going to be expressing the will of
the House again and the debate that will go on will be very fair and
open and allow us to give great discussion for this very fair rule. I
also urge all of my colleagues to support the rule so we can have this
open and fair debate on the floor.

General Leave

Mrs. MYRICK. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the rule under consideration.
The SPEAKER pro tempore (Mr. LaTourette). Is there objection to the
request of the gentlewoman from North Carolina?
There was no objection.
Mr. SAXTON. Mr. Speaker, it is clear that over the course of the last
decade the United States' military has been in a constant state of
decline. With the current challenges confronting U.S. armed forces in
the Yugoslav Republic of Kosovo, our ability to meet worldwide
commitments is increasingly strained; our ability to conduct even
smaller military operations is at risk, as well. This rule provides an
answer to these concerns.
The Joint Chiefs of Staff cited the diminished quality of life,
readiness, and modernization requirements that have pervaded the armed
forces. With respect to the National Defense bill, allow me to state
for the record that this bill begins to address each of these flaws.
The bill increases our forces' quality of life by providing $8.6
billion for military construction and family housing, $3.1 billion more
than the administration's request.
The bill specifically addresses the readiness of our military,
providing $106.5 billion for operations and maintenance, $2.8 billion
more than the administration's request.
The bill ensures that the United States will not maintain the status
quo but will continue modernization by providing $3.7 billion for the
Ballistic Missile Defense Organization, a $417 million more than the
administration's request.
As we near the dawn of a new millennium, the international political
situation is growing increasingly unstable. Our current involvement in
the Balkans reminds us that the end of the Cold War has brought with it
not a more stable world, but an increasingly volatile one. Our only
insurance against future confrontations is a powerful and adept
military; this bill provides the funding to ensure one. Overall, this
bill strengthens our military and ensures the safety of both our troops
and our citizens.
This is a good rule, and I strongly urge you to support our troops by
voting for it.
Mr. KIND. Mr. Speaker, I rise today to express my disappointment with
this rule.
First, I am deeply troubled by the continued, misguided attempt to
limit this Nation's ability to execute operation allied force and end
the atrocities in the Balkans.
In addition, two weeks ago, when this authorization bill was first
brought to the House floor, Mr. DeFazio offered an amendment that was
ruled out of order. The DeFazio amendment would have increased funding
for the youth challenge program by eliminating one corporate-style jet
for the military.
Youth Challenge is a program that has been funded through the Army
National Guard since 1993. Youth Challenge reaches out to young people
aged 16 to 18 who have either dropped out of high school or are at risk
for dropping out. Youth Challenge combines academics with physical
fitness, job skills training, community service, counseling and
leadership training. Privileges are earned through hard work, merit and
discipline. Through Youth Challenge, over 12,000 young people received
a G.E.D. who otherwise, very likely, would not have received any
diploma at all.
I had the privilege of visiting the Wisconsin National Guard Youth
Challenge Program last week at Fort McCoy. I was quite impressed by the
dedicated staff of National Guard and civilian employees which includes
certified teachers, counselors and nurses. Students attend from across
the State, and students, parents and community leaders familiar with
the program praise its results.
Youth Challenge helps kids who are at the ends of their ropes but who
haven't yet fallen. In the wake of recent school shootings, we are all
beginning to realize that we must reach out

[[Page 12142]]

to young people who have become alienated from their peers and
estranged from their communities. Youth Challenge works to build self-
esteem in its students, and its focus on teamwork, leadership, and
public service help reconnect students to their families and
communities.
However, Youth Challenge programs nationwide receives many more
requests for admission than they can accept given current funding
levels. The DeFazio amendment would have helped get this program to
more kids in more States.
Mr. Speaker, I tend to be skeptical of military authorizations and
appropriations bills, not because I doubt the needs of our men and
women in service, but because I doubt that Congress will sincerely act
to meet those needs without loading-in special interest and pork barrel
projects.
Youth Challenge is the opposite of pork barrel politics. It is a
program that could be available nationwide. It enhances the stature and
presence of the National Guard in local communities and provides
ongoing leadership training to Guard members and gives them a chance to
interact with the country's youth.
I understand that an agreement may be worked out to fully-fund Youth
Challenge between now and the time we debate defense appropriations. I
applaud the efforts of Mr. DeFazio, as well as those of Mr. Skelton and
Senators Stevens and Inouye in working hard to see that this excellent
program is continued.
Mr. Speaker, we are here today to debate planes, ships, bombs and
bullets. Youth Challenge is the kind of defense program that truly
increases Americans' faith in their government and those entrusted with
national security. I hope Members don't lose sight of this in their
zeal for political pork and maneuvering.
Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FROST. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 354,
nays 75, not voting 6, as follows:

[Roll No. 179]

YEAS--354

Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Carson
Castle
Chabot
Chambliss
Clayton
Clement
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Etheridge
Everett
Ewing
Farr
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hobson
Hoeffel
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, E.B.
Johnson, Sam
Jones (NC)
Kaptur
Kasich
Kelly
Kennedy
Kildee
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McGovern
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Metcalf
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Mink
Moakley
Mollohan
Moore
Moran (KS)
Morella
Murtha
Myrick
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Ortiz
Ose
Oxley
Packard
Pascrell
Pastor
Paul
Pease
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Regula
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanchez
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaffer
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Thune
Thurman
Tiahrt
Toomey
Traficant
Turner
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Young (AK)
Young (FL)

NAYS--75

Baldwin
Barrett (WI)
Becerra
Bonior
Capuano
Cardin
Clay
Clyburn
Conyers
DeFazio
DeGette
Delahunt
DeLauro
Dingell
Doggett
Eshoo
Evans
Fattah
Filner
Gejdenson
Gephardt
Hastings (FL)
Hilliard
Hinchey
Hinojosa
Holt
Hooley
Jackson (IL)
Jones (OH)
Kanjorski
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lee
Lewis (GA)
Lofgren
Martinez
McDermott
Meek (FL)
Meeks (NY)
Menendez
Miller, George
Minge
Nadler
Oberstar
Obey
Olver
Owens
Pallone
Payne
Pelosi
Peterson (MN)
Rangel
Rush
Sabo
Sanders
Schakowsky
Sherman
Stabenow
Stark
Stupak
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Velazquez
Vento
Visclosky
Watt (NC)
Wu
Wynn

NOT VOTING--6

Brown (CA)
Chenoweth
Luther
McHugh
Moran (VA)
Waters

{time} 1225

Mr. TOWNS and Mr. FATTAH changed their vote from ``yea'' to ``nay.''
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
House Resolution 195 was laid on the table.
Stated for:
Mrs. CHENOWETH. Mr. Speaker, on rollcall No. 179, I was inadvertently
detained. Had I been present, I would have voted ``yea.''
The SPEAKER pro tempore (Mr. LaTourette). Pursuant to House
Resolution 200 and rule XVIII, the Chair declares the House in the
Committee of the Whole House on the State of the Union for the
consideration of the bill, H.R. 1401.

{time} 1228

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal years 2000 and 2001, and for
other purposes, with Mr. Nethercutt in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from South Carolina (Mr. Spence) and
the

[[Page 12143]]

gentleman from Missouri (Mr. Skelton) each will control 30 minutes.
The Chair recognizes the gentleman from South Carolina (Mr. Spence).

{time} 1230

Mr. SPENCE. Mr. Chairman, I yield myself such time as I might
consume.
Mr. Chairman, on May 19, the Committee on Armed Services reported
H.R. 1401 on a bipartisan vote of 55 to 1. Despite the strong vote on
what I believe is a very good bill, our military is still confronting
its most serious problem since the hollow military days of the 1970s.
The committee's approach to this and previous bills has been shaped by
long-standing concerns over the risk America's Armed Forces face today.
Although public perception is that the post Cold War world is stable,
three basic trends ought to give every American cause for concern.
First, the level of resources that the United States devotes to
national defense remains at historical lows. Not since before World War
II has defense spending represented such a small proportion of the
Nation's Gross Domestic Product as it does today. Despite being the
world's wealthiest Nation, a Nation with important interests all over
the world and the world's only remaining superpower, we devote only 3
cents out of every dollar of the Nation's GDP to national defense.
Second, our Armed Forces are being tasked at a record pace with an
average expanding list of peacekeeping, peacemaking and other
contingency missions. From Panama to the Persian Gulf, to Somalia,
Rwanda, Haiti, the Balkans, Korea and the Taiwan Straits, our troops
are over-extended and operate at levels that simply cannot be sustained
over time.
Third, the world is an increasingly dangerous place, especially in
regard to the proliferation of ballistic missiles, weapons of mass
destruction and other high technology capabilities through our
potential adversaries. Many of our theater commanders have told us
quite frankly that if we had to fight a large scale war today, we
should expect higher casualties among our forces, our allied forces,
and civilians.
As a result, it has become increasingly difficult for our military to
protect and promote our national security interests around the world.
That is why over the past nine months the Joint Chiefs of Staff have
concluded that the ability of our Armed Forces to execute the national
military strategy involves moderate to high risk, and this disturbing
risk assessment was made before the operation in the Balkans began
several months ago. Operation Allied Force now qualifies as a third
major theater war, entirely separate from any threat or conflict in the
Persian Gulf or in Korea. As we continue to read in the media reports,
the air war in the Balkans might easily change to a peacekeeping
operation on the ground.
The committee has repeatedly expressed its concerns about the
declining defense budgets, increasing missions and rising threats for
years. With the Joint Chiefs speaking more openly over the past year
about these significant risks and problems and shortfalls, the
administration seems to be turning the corner on the issue of America's
national defense needs.
In his State of the Union speech earlier this year, President Clinton
spoke of the need for a ``Sustained increase over the next 6 years for
readiness, for modernization and for pay and benefits for our troops
and their families.''
In fact, the President's three themes, quality of life, readiness and
modernization, have been the focus of the Committee on Armed Services'
efforts for years now. Unfortunately, the reality of the President's
defense budget request has fallen short of the rhetoric. The
President's defense budget request was riddled with overly optimistic
economic assumptions and budget gimmicks, all of it directly linked,
even held hostage, to the President's domestic political agenda on
Social Security.
But even with all of the political linkages, gamesmanship and
gimmicks, the President's fiscal year 2000 defense budget request
provided only about one-half of the funding necessary to meet the
unfunded requirements identified by the Chiefs of Staff and only about
one-half of the unfunded requirements identified over the 6-year budget
plan.
It is in this context that the committee has added, consistent with
the budget resolution, more than $8 billion to the President's request
and has targeted crucial additional funding for a variety of badly
needed quality of life, readiness and equipment modernization needs.
But despite the committee's best efforts, we are only managing the
growing risk to our national security, not eliminating them.
In my view, a high risk strategy is an unacceptable strategy and
certainly unworthy of the United States of America. Absent a long term
sustained commitment to revitalizing America's Armed Forces, we will
continue to run the inevitable risk that comes from asking our troops
to do more with less.
As Secretary of Defense Cohen recently said, ``We have a situation
where we have a smaller force and we have more missions, and so we are
wearing out systems, wearing out our people.''
Mr. Chairman, in this increasingly dangerous world, there is no such
thing as acceptable risk. Unless the Nation fields the forces and
provides the resources necessary to execute the national military
strategy, the inevitable alternative is for our country to retreat from
its responsibilities and interests. This ought to be unacceptable to
all Members and to all Americans.
Mr. Chairman, I will leave a discussion of the many specific
initiatives contained in this bill to my colleagues on the committee
who have worked very hard since February to get us to the point we are
at today. However, I would like to recognize the hard work of the
subcommittee and panel chairmen and ranking members. Their leadership
and bipartisan approach to issues has permitted our committee to
significantly improve upon the administration's request in this bill.
In closing, Mr. Chairman, I would also like to thank the staff.
Without their expertise and tireless efforts, we would not be here
today.
Mr. Chairman, I support this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in very strong support of H.R. 1401, the
National Defense Authorization Act. For some time now I have been
saying that we must make this the year of the troops. This bill goes a
long way towards showing the men and women in our military that we are
committed to taking care of them and committed to taking care of their
families. This is an excellent bill, the best defense bill that we have
had in this Chamber since the early 1980s. It deserves support from
every Member in this House.
Let me commend our colleague and friend, the Chairman of the
Committee on Armed Services, the gentleman from South Carolina (Mr.
Spence), and thank him, as well as the subcommittee chairmen and the
ranking members of our committee, for their leadership and diligence in
putting this legislation together. The overwhelming committee support,
a vote of 55 to 1, approved this bill, demonstrates that we on our
committee were successful in the efforts in drafting a truly bipartisan
measure.
This bill is a very strong bill for our United States national
security, which builds upon the President's proposal to increase
defense spending by $112 billion over the next 6 years. But, most
important, Mr. Chairman, the bill addresses the quality of life issues
that are at the top of the agenda for the service members and their
families. This is the year of the troops.
The compensation package, which includes a 4.8 percent pay raise, pay
table reform, and reform of the retirement system, will help address
the problems in our Armed Forces. Other provisions will help in
recruiting and retention, which is very, very important. Improvements
in the Tricare military healthcare system and an increase in funding
for military family housing, all of these go toward quality of life and
helping to make life better for those who work in uniform as well as
their families.
In addition to quality of life improvements, I am pleased this bill
includes

[[Page 12144]]

increases for funding for procurement of weapons, for ammunition, for
equipment, for research and development and for operations and
maintenance. This will enable us to modernize our forces to where they
should be.
Mr. Chairman, the only reservation about this concerns problems
relating to issues about the Federal Republic of Yugoslovia. In
particular, section 1006 of this bill prohibits the use of funds
authorized from this legislation for the conduct of either combat or
peacekeeping operations in the Federal Republic of Yugoslovia. It is
way too restrictive. It could result in funds being cut off while our
troops are in the field.
As we speak, we, America, the NATO forces, are on the one foot line
and they are there nearing a victory. We do not walk away from the ball
game with a victory well in hand. Moreover, it sends the wrong message
to our troops, to the President of Yugoslovia, Mr. Milosevic. If this
language remains in the DOD authorization bill, it will be subject to a
veto by the President.
Therefore, I urge all Members to support an amendment which I will
have which requires a striking of section 1006.
Mr. Chairman, there are other amendments that I would oppose of the
gentleman from Indiana (Mr. Souder) and the gentlewoman from Florida
(Mrs. Fowler), both relating to Yugoslovia. I would urge people to
support the amendment of the gentleman from Mississippi (Mr. Taylor),
which outlines the goals for our operations in Yugoslovia.
Basically, Mr. Chairman, this is an excellent bill, with the one wart
which I spoke about. Let us pass this bill, but let us also pass the
amendment I offer to strike that section which really does not belong
here.
Mr. Chairman, I reserve the balance of my time.
Mr. SPENCE. Mr. Chairman, I yield 5 minutes to the gentleman from
Virginia (Mr. Bateman), the chairman of the Subcommittee on Military
Readiness.
Mr. BATEMAN. Mr. Chairman, I too rise today in strong support of this
bill. I believe the committee has done a superb job in fulfilling its
role and has done its best to provide the necessary funding and
direction to support the readiness of our military forces. Is this
enough to fix all of the readiness problems? Unfortunately, no. Is it
in the right direction? Absolutely.
For too many years now, the readiness for our military forces has
been marred by an ever increasing number of contingency operations
without any additional funding to accompany those operations. This
pattern has led to the decline of our military readiness which we are
all now too familiar with.
At hearings in Washington and in the field, the committee repeatedly
heard concerns and pleas for help to address readiness and quality of
life problems in our military forces. As in previous years, these
concerns focused on lack of spare parts, backlog of maintenance and
repair of aging equipment and facilities, and a force that continues to
do more with less.
The committee also heard disturbing testimony on the shortfalls and
problems at the services major combat training centers. These concerns
are not new to us. Stories of back-to-back deployment, cannibalizing
combat equipment for spare parts and personnel shortages are not new to
me or to anyone else on my subcommittee.
I am happy to report this year that such stories are finally reaching
and affecting the administration. Leaders within the Department of
Defense, the military services, have at last come forward to express
their own concerns with the status of readiness. This year the
President's budget did increase the level of spending for operation and
maintenance. However, an analysis of the budget quickly revealed that
the touted increase in funding was much more than a mirage. Behind the
smoke and mirrors, the committee could not find the increases needed to
do more than slow down the decline in readiness. Nevertheless, the
administration's recognition of the problem is a positive and welcome
step forward.
I would like to quickly outline the areas in which the committee is
most concerned and was able to increase the level of funding beyond the
President's request.

{time} 1245

The bill recommends an increase of $271 million for aircraft spare
parts, $340 million for depot maintenance, $112 million to improve
training center operations, equipment, and facilities, and finally,
$1.6 billion to address the backlog of facilities maintenance and
shortfalls in base operation funding.
The bill also provides funding to improve the day-to-day life of our
military men and women, such as providing additional funding for cold
weather gear, maintenance and corrosion control of aging equipment.
As I stated earlier, this bill will not fix all the readiness and
quality of life problems of our military forces, but it will go a long
way to putting them on the road to recovery.
I want to thank all the members of the subcommittee for their
commitment to this area of our national defense. I particularly want to
thank the ranking member of the Subcommittee on Military Readiness, my
good friend, the gentleman from Texas (Mr. Ortiz). His leadership and
knowledge of the issues has enabled the subcommittee to deal with
several difficult issues that have transcended political lines.
I also rise to express my strong support for the recommendations of
the Merchant Marine Panel, which I also chair. They are contained in
this legislation, as well. The Merchant Marine Panel's recommendation
consists of two parts. The first is the annual authorization for the
United States Maritime Administration. This bill fully funds the
Administration's request for the Maritime Administration, and provides
a much needed increase of $7.6 million for the United States Maritime
Academy. This money will begin to address the Academy's most serious
capital maintenance problems.
In addition, the bill includes a $25 million increase to Title XI
shipbuilding loan guarantee programs in order to address the expected
shortfall of available shipbuilding loan guarantees.
H.R. 1401 also contains the panel's recommendations for the Panama
Canal Commission. I should note that this will be the final
authorization for expenditures for the Panama Canal Commission. Since
the canal began operations on August 15, 1914, the United States
Congress has overseen the operations of this critical waterway. This
bill funds the Commission through the first quarter of Fiscal Year
2000, and includes several administrative provisions related to the
transfer of the canal from the jurisdiction of the United States to the
Republic of Panama on December 31, 1999.
Mr. Chairman, H.R. 1401 is a responsible, meaningful bill that will
provide adequate resources for the improvement of readiness in our
armed forces, and provides the necessary funding for the United States
Maritime Administration and the Panama Canal Commission.
I urge my colleagues to vote yes on this important measure.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Sisisky).
Mr. SISISKY. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I ask all of my colleagues to support the FY 2000
defense authorization bill. As the ranking member on the Subcommittee
on Military Procurement, I think we have produced a balanced bill that
begins to reverse the downward spiral of procurement budgets over the
last few years.
One of the strong points of the procurement section is that we have
authorized multiyear procurements for a number of key programs. They
include the Navy's F18-E and F, the Javelin missile, Bradley fighting
vehicles, the Army Apache Longbow helicopter and Abrams tank upgrades.
Multiyear procurement is a good way to stabilize production while
reducing costs for the taxpayer. I congratulate the gentleman from
California (Chairman Hunter) on deciding to do it. It makes good sense.
I also want to thank him for his leadership in other areas. One in
particular is laying out the plan to use alternate

[[Page 12145]]

technology in the orderly and systematic and safe destruction of
chemical weapons.
We have also tried to lay out a plan for the systematic review and
oversight of the F-22 program. We all worry about the projected costs
of this program, and this bill requires the United States Air Force to
inform Congress early about any potential problems. We do this without
prejudice, and the one thing we have learned in Yugoslavia is that we
need to keep the technical edge.
Another thing I want to mention is that even with what we had, and we
had a limited amount of money, that said, I will affirm that the
consideration given to all members in matching their interest with the
services' unfunded requirement list was fair and evenhanded. We did the
best we could under the circumstances in a way that achieves everyone's
goal of building a stronger national defense.
For those reasons, I ask all of my colleagues to support the bill.
Mr. SPENCE. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman
from California (Mr. Hunter), the chairman of our Subcommittee on
Military Procurement.
Mr. HUNTER. Mr. Chairman, I want to start by thanking our chairman,
the gentleman from South Carolina (Mr. Floyd Spence) for his great
leadership. The gentleman is a very interesting person and a very
unique person. He is a guy who has us put together this defense bill
without ever making requests for his own district, only giving to us
the direction that we do what is right for America. I think under his
leadership we have done that in this particular bill. I thank the
gentleman from South Carolina for all his friendship and leadership.
I want to thank my friend, too, the gentleman from Virginia (Mr.
Sisisky), my compadre and partner in putting this bill together, along
with the rest of the members of the Subcommittee on Military
Procurement. The gentleman from Virginia is a person with a lot of
wisdom. He has a great service background of his own, and he
understands the military, he understands people, and he understands
systems, and most importantly, business practices. He has injected a
lot of those business practices and that philosophy into his work. I
want to thank him for that.
I would also thank my good friend, the gentleman from Missouri (Mr.
Ike Skelton), who has fought long and hard especially to give this
country long-range air power capability. That challenge is still before
us with respect to stealth capability, and I want to thank the
gentleman. I know he has been monitoring the success of the B-2 bomber
in its recent flights. I know it has done only a fraction of the
sorties, yet it has knocked out a very large percentage of the targets.
That stealth capability, married up with precision weapons, is a very
important thing.
Mr. Chairman, we had a couple of themes a couple of years ago when we
realized that we were not going to be building more B-2 bombers. We
decided to try to arm as best we could the ones that we have. We put a
lot of money, additional money, up against this challenge of arming the
B-2 bombers, giving our long-range air wing what it would take to
strike targets and to return safely.
We have another theme that we have embarked upon. That is to build
and buy as many precision weapons as this country needs, and hopefully
actually to produce a margin, a safety margin in our weapons bin so we
do not run out of these precision weapons, and especially precision
standoff weapons.
Now, everybody knows that for those standoff weapons, they are
weapons you can launch from an aircraft. For example, if you are
talking about an air launch cruise missile, hundreds of miles before
you reach that heavily protected target with your aircraft and put your
crew and your pilots in jeopardy you can launch that missile, you can
turn around and go back without having to enter that area of jeopardy.
That saves pilot's lives, it saves equipment.
We can only do that when we have a sufficient number of long-range
standoff systems that are precision systems. I am here to inform my
colleagues regretfully that we do not have enough of those systems
today.
Similarly, with the Tomahawk cruise missile, which can also launch
from many hundreds of miles away and save that pilot that otherwise
would have to fly directly over a target and drop an atom bomb. We are
restarting that Tomahawk line. That will give us the power hopefully to
maintain a standoff capability.
Mr. Chairman, I want to thank all my colleagues who helped to put
this bill together, and urge everyone in the House to vote for it. It
is a turnaround for defense, it is a turnaround for rebuilding our
weapons systems.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I might add just a footnote to what my friend, the
gentleman from California (Mr. Hunter) said regarding the B-2. An
article was written not long ago about the success of that weapons
system, and that it was a great surprise in this conflict regarding
Yugoslavia.
However, to those of us that did work hard and long, it is not a
surprise that it is working just as planned. We are very, very pleased
with those at Whiteman Air Force Base and those pilots and the ground
crew who operate the B-2 system.
Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr.
Ortiz).
Mr. ORTIZ. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I would like to echo what my good friend, the gentleman
from California (Mr. Hunter) just stated, for the leadership provided
to this committee by our chairman and our good friend, the gentleman
from South Carolina (Mr. Spence), and, of course, the ranking member,
the gentleman from Missouri (Mr. Skelton), and the rest of the
subcommittee chairmen and committee chairmen for the leadership they
have given to us.
Mr. Chairman, I rise today in support of H.R. 1401, the defense
authorization bill for Fiscal Year 2000. The committee and particularly
the Subcommittee on Military Readiness had a very challenging
assignment this session. We not only spent time here gathering
information, but we had the opportunity of visiting our forces in the
field, both here in the United States and in Europe, witnessing
firsthand readiness as seen by those brave soldiers, sailors, and
airmen who shoulder the responsibility of carrying out our military
strategy. For their effort, we can all be proud.
It is personally satisfying to see that some improvements are being
made in the readiness posture of the total force, but I do not believe
that any of us would agree that we are out of the woods yet. The
readiness of the first-to-deploy forces comes at a price of reduced
support for deploying future forces and for vital infrastructure
support.
I remain concerned that the Department's budget is built on
assumptions about savings from efficiencies, outsourcing, and
privatization activities that have not materialized in the past and
probably would not in the future. Migration of critical maintenance
dollars remains a problem.
I will say to my colleagues that this is a good bill. The committee
has worked hard. We can be proud of our soldiers who are stationed all
around the world. I ask my colleagues to support this bill.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Colorado (Mr. Hefley), the chairman of our Subcommittee on Military
Construction.
Mr. HEFLEY. Mr. Chairman, I appreciate the gentleman yielding this
time to me.
Mr. Chairman, I rise in very strong support of 1401. As the chairman
of the Subcommittee on Military Installations and Facilities, I want to
draw the attention of the House to the important provisions in this
legislation concerning the military construction and family housing
programs for the coming fiscal year.
On a bipartisan basis, we have found the budget request inadequate to
address the scope of the need identified by the military services. This
has been

[[Page 12146]]

a problem with the President's budget request for some time.
The administration compounded the deficiencies in its budget proposal
while building its fiscal year 2000 MILCON program on a risky fiscal
foundation. The incremental funding of the military construction
program on an outlay rate basis would surely lead to an increase in
costs and delays in the delivery of facilities.
H.R. 1401 would reject this proposal on most projects. The leadership
of the full committee, the gentleman from South Carolina (Chairman
Spence) and our ranking Democrat member, the gentleman from Missouri
(Mr. Ike Skelton) worked closely with the subcommittee to try to find a
solution that would address the needs of the military services.
H.R. 1401 would restore $3.1 billion in budget authority for military
construction. That seems like a lot of money even in this town, and
certainly there are a lot of competing demands for these funds.
However, we felt very strongly that endorsing the incremental funding
concept across-the-board would be shirking our responsibility to the
taxpayer. No Member of the committee, Republican or Democrat, was
willing to do that.
With these funds, we set out first to fix the broken program left to
us by the Department. Nowhere was the need to do this more apparent
than in the area of military housing. The administration proposed to
construct or renovate over 6,200 units of military family housing and
begin the construction or renovation of 43 barracks, dormitories, and
BEQs for the single enlisted. That requirement will cost nearly $1.4
billion for the coming fiscal year.
However, the administration asked for only $313 million, 22 cents on
the dollar, to meet the fiscal year 2000 requirement. The legislation
reported by the Committee on Armed Services would add nearly $1.1
billion to the budget to ensure that this housing is built and occupied
as soon as possible. In addition, our recommendations would fund an
additional $75 million in military housing projects.
Similarly, we have funded the training, readiness, and other
requirements of the active and reserve components at the level required
to get the job done, for the most part.
As just one example, the administration funded a $251 million MILCON
requirement for the Guard and Reserve at $78 million. This legislation
would provide the additional $173 million in funding necessary to move
forward on these requirements, and would also provide an additional
$187 million in support of the reserve components.
Regrettably, H.R. 1401 will not fix all of the problems in the
President's budget request nor could the committee address adequately,
in my judgment, the unfunded requirements that continue to pile up due
to the broad inattention of the Department to critical infrastructure
upgrades. I believe, however, we have done the prudent thing.
With this legislation, we will minimize risk to the most essential
military construction projects and programs of the military services.
We will dedicate limited, additional resources to meeting the unfunded
needs of the military services. We will also continue to urge the
Department of Defense to exercise appropriate stewardship on behalf of
the taxpayer in the military infrastructure and facilities that serve
as the platform for the defense of the Nation. The soldiers, sailors,
airmen, and Marines who serve every day deserve no less than that.
In closing, I want to express again my appreciation to the members of
the subcommittee I chair, especially the ranking Democratic member,
Gene Taylor, for their contributions to this bill as well as their
patience, understanding, and cooperation as we worked through a
difficult budget request. The subcommittee's recommendations were
adopted by voice vote in the full committee. This is truly bipartisan
legislation and I urge all members to support H.R. 1401.
Mr. Chairman, I would like to encourage my colleagues to support this
bill overwhelmingly.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Pickett).

{time} 1300

Mr. PICKETT. Mr. Chairman, I commend the committee chairman and the
Members and staff for the balanced and responsive bill we have before
us that has been thoughtfully and carefully put together within the
constraints of a defense budget that continues to decline in purchasing
power. In any undertaking of this kind, the defining of and the
adherence to a system of priorities is essential for realistic and
responsive program.
My comments will relate primarily to the research and development
part of the bill. The investment for basic research and for science and
technology programs has been maintained at last year's level. It is
widely acknowledged that these basic research and technology programs
have been the crucial components in developing and fielding
technologically superior weapon systems that have given our military
forces a decided advantage over their adversaries.
In spite of the success realized in developing and fielding improved
weapons systems and weapon system upgrades, there is a constant
struggle to appropriately and adequately prepare our forces for the
unpredictable and speculative battlefield of the 21st century.
The Army is continuing development of its top-priority new weapons
systems, the Crusader Self-Propelled Howitzer and the Comanche
helicopter. The Navy is moving ahead with the DD-21 Destroyer, the
follow-on to the Nimitz aircraft carrier, and a new class of attack
submarine. The Air Force is reaching the end of its development of the
F-22 and is moving forward, along with the Navy and Marine Corps, in
the development of the Joint Strike Fighter.
These visible priority programs point the way to the military of the
future. Nevertheless, the pursuit of lighter and more lethal weapons,
the development of speedier and more stealthy equipment, and the quest
for successful leap-ahead technologies continues.
The Department of Defense has said many times that, if our forces are
called into combat, we do not want a ``fair'' fight. We want our forces
to have a clearly superior capability both in weapon systems and
technology. That is the direction in which this bill continues to move
our defense program, although I must say that the move is at a slower
pace than I believe desirable.
The committee and committee staff have been alert and diligent in
reallocating resources to higher priority and more timely projects.
Additional support has been provided to missile defense programs.
Mr. Chairman, I ask Members to support this bill because I think that
it moves that program in the right direction.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from New
Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Chairman, let me first congratulate the chairman of
the committee on his usual fine job.
Mr. Chairman, just before Secretary Cheney was due to leave office
the better part of a decade ago, he said that we needed a smaller, more
mobile force. He may have had in mind that we needed fewer Army
divisions and fewer ships in our Navy and perhaps fewer fighter wings;
but I am sure he did not have in mind at the time to hear statements
like the ones that have been accurately stated here today relative to
back-to-back deployments, relative to lack of spare parts, relative to
aging, old aging equipment, relative to the effect on military
personnel and decline of readiness. These were not issues that were in
Secretary Cheney's mind when he talked about a smaller, more mobile
force.
I think that H.R. 1401 is a beginning point to change what we have
done to create a more efficient, mobile, smaller force that will meet
our readiness needs.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Evans).
Mr. EVANS. Mr. Chairman, the bill in front of us takes important
steps to address the national security resources that are being
seriously neglected, our Nation's arsenals.
Our arsenals are an insurance policy that allow us to mobilize for
war, produce special weapons on a moment's

[[Page 12147]]

notice, as well as bringing technical improvements to current future
weapons systems. These are unique capabilities that cannot be replaced.
Unfortunately, the Pentagon's policy of privatization at any cost has
brought the arsenals to the breaking point. The loss of workload
associated with this policy is draining them of skilled labor. Workers
are either getting pink slips or leaving on their own because of an
uncertain future. Less workload also means rising overhead costs that
make the arsenals less competitive. This has led to a downward spiral,
actively promoted by both DOD and the weapons contractors.
However, we can bring work to these facilities and preserve their
vital capabilities. This bill does that in two significant ways. One,
it extends the pilot program that allows the arsenals to sell
manufactured articles and services without regard for their
availability from commercial services. This provision, which only
applies to defense contracts, will help lower high overhead rates due
to low utilization.
Second, the bill contains important report language that gives the
arsenals challenge contracting authority for components of the 155mm
lightweight Howitzer. This gives the arsenals, who are unsurpassed in
Howitzer technology, a chance to assist this important but troubled
program, which is 2 years behind the date at this point.
While we still need to reverse DOD's policy of privatization at any
cost, these provisions are an important first step in giving our
arsenals the workload they need.
I hope my colleagues will support this bill and its important
measures to assist our arsenals.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, there are a number of important issues
in this bill that will not be discussed adequately. One of them is how
we can transform our military to deal with the challenges of the
future.
In last year's bill, we required a science board study to look at
that question, and they came back and unanimously agreed there are
compelling reasons for aggressive, urgent transformation instead of
strategic pause. The task force found that ``change or die'' is a more
suitable statement for the current strategic environment.
This bill moves us ahead in some significant ways. It requires us to
take a closer look at the use of space. It is essential for the
operations going on in Kosovo, but we have got to look beyond that.
Operations in space and from space have to be studied.
We put more money into joint experimentation, which is also going to
be essential if we make the most out of the resources that we have
available. We also require an immediate assessment of innovative use of
resources such as whether we should take old Trident submarines and
convert them for more conventional purposes.
Those are just some of the ways that in this bill we tried to move
ahead, making sure that we are able to meet the challenges that
confront us in the future.
I commend the chairman and ranking member on the bill.
Mr. SKELTON. Mr. Chairman, may I inquire as to how much time is
remaining on our side as well as the other side, please?
The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 17\1/2\
minutes remaining. The gentleman from South Carolina (Mr. Spence) has 9
minutes remaining.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Guam (Mr. Underwood).
Mr. UNDERWOOD. Mr. Chairman, I thank the gentleman from Missouri for
yielding me this time.
Mr. Chairman, I join my colleagues today in strong support of H.R.
1401, the Fiscal Year 2000 Defense Authorization bill. I want to
congratulate the Chairman and the ranking member for this very strong
bipartisan effort, which is well crafted and will go a long way towards
ensuring that the bedrock of our security, our troops, will be well
looked after at the dawn of the next millennium.
This bill is essential to stemming the decline in readiness and
buttressing the security of the United States and its territories. It
is no secret that our forces are tired after 33 major deployments since
the Persian Gulf War. We are having problems with recruitment and
retention, and we want to make sure that we supply them with the best,
take care of their needs and make sure that the infrastructure that we
provide them is the best available. This bill does exactly all of those
things.
But, Mr. Chairman, on a note of dissent, although H.R. 1401 has a
multitude of good provisions, there is one provision, section 1006,
that has rather serious overtones. This section, as drafted by the
majority, if left unadulterated, will prohibit any funding authorized
under this act from being used for the current NATO operations in
Kosovo. This is impossible to enforce and to monitor and has a serious
and demoralizing effect upon the morale and welfare of our troops
currently engaged in NATO operations.
Paraphrasing my good friend, the gentleman from Mississippi (Mr.
Taylor), that is a hell of a message to send to our young troops
fighting to save lives in the Balkans.
I urge my colleagues to support the efforts to the contrary of the
gentleman from Missouri (Mr. Skelton) and to support his amendment that
strikes this language.
I also would like to point out that there are many amendments that
will be offered today in light of the release of the Cox report. Some
of them are bad policy. Although I support the Cox-Dicks amendment, and
I will try to speak to that later, I want to strongly urge all Members
to exercise caution and restraint when considering all these DOE-
related amendments as they may have some serious, unintended
consequences for Asian and Pacific Americans. Sometimes in the rush to
work hard on security issues, we sometimes stigmatize entire groups of
people.
Mr. Chairman, I join my colleagues today in support of H.R. 1401--the
fiscal year 2000 Defense Authorization Bill. This bi-partisan effort is
well crafted and will go a long way to ensure that the bedrock of our
security--our troops--will be well looked after at the dawn of the next
millennium. This bill is essential to stemming the decline in readiness
and buttressing the security of the United States and its territories.
Mr. Chairman, it appears that the ancient Greek curse--may you live
in interesting times--has come true with a vengeance. Our global
community is reeling from the effects of the post-Cold War order. Our
military forces have been deployed in some 33 operations world-wide
since the Persian Gulf War. At the same time our defense budget has
been squeezed and capped arbitrarily without consideration or
anticipation to the realities of America's security interests.
At the same time, our foreign policy makers have been faced with the
very difficult task of defining the future roles and priorities for our
foreign interests. Indeed this unenviable task has been made all the
more difficult as regional hegemons have challenged the peaceful
balance of power that has been maintained by the United States and its
allies. The Persian Gulf Region, the Korean Peninsula, East Africa,
South and Central Asia and, of course, the Balkans have all been the
most recent scenes of instability or armed strife, thus compelling U.S.
forces to become engaged in one manner or another. America's foreign
policy is not so much like a rudder-less boat; but more like a boat
without navigational aids. Our boat's pilot and crew are well
intentioned and determined but are unsure of the mission. It is in this
environment that we, here in Congress, are charged with building a
military for the 21st Century.
Mr. Chairman, on a note of dissent, although H.R. 1401 has a
multitude of good provisions, there is one such provision--Section
1006--that has rather odious undertones. The section, as drafted by the
Republican majority, if left unadulterated will prohibit any funding
authorized under this act from being used for the current NATO
operations in Kosovo. While almost impossible to enforce and monitor,
this section has a demoralizing effect upon the morale and welfare of
our troops engaged in the NATO operations. Paraphrasing my good friend,
Congressman Gene Taylor, that's a hell of a message to send to our
young troops fighting to save lives in the Balkans. This section is
completely unnecessary and sends the wrong message to Slobodan
Milosevic. I applaud Congressman Skelton's efforts to the

[[Page 12148]]

contrary and urge my colleagues to support his amendment that strikes
this language.
Mr. Chairman, there are many amendments that will be offered today,
in light of the release of the Cox Report, that are just bad policy.
Although I support the bi-partisan Cox/Dicks Amendment, I strongly urge
all members to exercise caution and restraint when considering the DOE
related amendments as they may have some unintended consequences for
Asian-Pacific Americans. Often under the guise of national security,
especially when faced with a crisis, it is too easy to follow the road
of assumptions. Our nation has done this in the past. We can all recall
that during the Oklahoma City bombing that many were too quick to
accuse Arab terrorists and thus Muslim-Americans were forced to suffer
many indignities. In this current debate, we must recall the talent and
dedication toward our national security that Asia-Pacific Americans
have contributed to in great numbers.
Nevertheless, Mr. Chairman, some of the measures that the people of
Guam are concerned about have been included in this bill. In the realm
of military construction, the military facilities located on Guam will
benefit from over $100 million in new construction or improvements.
Most notable are the MILCON projects for the Guam Army Guard Readiness
Center and the U.S. Army Reserve Maintenance Shop--both desperately
needed to maintain readiness and operational capabilities.
Additionally, we were able to secure language that would allow the Guam
Power Authority to upgrade two military transformer substations on
Guam. I would like to thank MILCON subcommittee Chairman Hefley and
Ranking Member Taylor, for their wise counsel and decision in
recognizing the need for these vital military projects on Guam.
I worked closely with Readiness subcommittee Chairman Herb Bateman on
language that would further define the economic reporting requirement
for A-76 completion studies. This language will, I hope, make the
Department of Defense more accountable and thorough in their economic
analyses of communities directly impact by an impending decision to
perform an A-76 study. I also worked closely with several members from
both sides of the isle to prevent the lifting of a moratorium on the
outsourcing of DoD security guards. Additionally, I worked closely with
Congressmen Abercrombie and Young to exempt Guam from any pilot program
for military moving of household goods. This way Guam's small household
moving market will be ensured of robust competition and protection from
mainland conglomerates. Finally, I submitted additional views along
with Messrs. Evans, Sisisky, Abercrombie, Allen and Ortiz voicing our
skepticism over the Department's reliance on A-76 privatization
measures to save money while sacrificing needed jobs.
Mr. Chairman, I fully support Mr. Bereuter amendment to make
permanent the waivers included in the FY 1999 Defense Authorization Act
that allows the Asia-Pacific Center for Security Studies (which is a
component of the Defense Department's U.S. Pacific Command) to accept
foreign gifts and donations to the center, and to allow certain foreign
military officers and civilian officials to attend conferences,
seminars and other educational activities held by the Asia Pacific
Center without reimbursing the Defense Department for the costs of such
activities. This Center, led by retired Marine Corps Lt. General H.C.
Stackpole, is a corner-stone in the engagement program of military-to-
military exchanges through out the Asia-Pacific Region. This endeavor
is a vital component in the goal of strengthening our ties with both
our regional allies and potential allies. I strongly urge its adoption.
Mr. Chairman, the House Armed Services Committee also manages an
vital oversight function over the Maritime Administration (MARAD). As
ranking member of the Merchant Marine Panel, I worked closely with the
panel's chairman, Congressman Herb Bateman, to include directive report
language that requires MARAD to report on the incidents of overseas
ship repairs of U.S. flagged vessels in the Maritime Security Fleet.
This was in response to the Guam Shipyard's unfair experiences with
subsidized foreign competition in ship repair. This report places the
MARAD on notice that Congress is watching and will respond if
necessary. I worked closely with Chairman Bateman on this initiative
and would like to thank him for his foresight in including this
important provision.
Finally, Mr. Chairman, I included additional views detailing Guam's
need for a Weather Reconnaissance Squadron. In the late 1980s, one such
unit on Guam was inactivated when it was deemed too costly to justify.
Defense officials claimed that since there were no aircraft assets
permanently stationed at Andersen, Air Force Base its mission could not
be justified. Furthermore, it was maintained that improved weather
imagery reconnaissance satellites would be adequate to protect the
remaining military assets and the civilian population. The reality of
the situation has proved otherwise. The Western Pacific is naked to
accurate and readily deployable weather reconnaissance. I hope to work
with my colleagues in Congress and the U.S. Air Force to explore this
important resource for Guam and the Western Pacific.
Mr. Chairman, I urge the passage of this bill, notwithstanding my
personal reservation over the Kosovo spending limitation language.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Sanchez).
Ms. SANCHEZ. Mr. Chairman, today I rise in support of this
legislation. Democrats made it a top priority this year to take care of
those in the armed services. And as a member of the Subcommittee on
Military Personnel, I saw firsthand just how we are doing that.
Our servicemen and women make sacrifices to protect our vital
national interests every day. Unfortunately, skilled military personnel
are leaving the armed services and several of our services have had
difficulty meeting their recruitment goals.
This legislation begins to redress numerous quality-of-life and other
problems affecting today's Armed Forces. It restores a basis for the
military pay raise process, and it goes a long way towards restoring
the career incentive value of the military retirement system.
Veterans in my community continue to voice their concern. They
continue to talk about broken promises that our country has made to
them. I want to go back to my district this weekend to let them know
that their voices have been heard and that we are restoring vitality to
the military services.
Let us send a strong message of support to our troops and those men
and women who had the ultimate sacrifice for this country.
I urge my colleagues to vote yes on H.R. 1401.
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from
Indiana (Mr. Buyer), the chairman of our Subcommittee on Military
Personnel.
Mr. BUYER. Mr. Chairman, I thank the chairman for yielding me this
time, and I compliment the chairman and the gentleman from Missouri
(Mr. Skelton), the ranking member of the Committee on Armed Services.
I rise in strong support and ask my colleagues to vote for H.R. 1401,
the National Defense Authorization Act for Fiscal Year 2000.
In all candor, Mr. Chairman, this is a great bill for the troops, one
of the strongest I have seen in the 7 years I have served on the
Committee on Armed Services.
As a matter of fact, I think we would have to put in big bold print
neon lights that this bill says that ``people count.'' It has been an
emphasis for a long time for the Subcommittee on Military Personnel of
the Committee on Armed Services.
A lot of times, the Pentagon liked to focus on buying ships and
planes and all types of other things, and they do not always take care
of those who actually are placed at risk. In fact, this is what this
bill is going to do. It reflects on what we have heard from the field
itself. People have told us what they needed, what needs to be done to
help fix the problems they face.
The gentleman from Hawaii (Mr. Abercrombie) and I, together with
other members of the Subcommittee on Military Personnel worked hard at
listening to the troops and their families throughout the country. As a
result, this bill contains first a set of core pay and retirement
reforms that were recommended by the chairman and the Joint Chiefs of
Staff and the Secretary of Defense; and, second, additional corrective
measures like the $440 million that we added beyond the request of the
present in an effort to reduce housing costs that service members and
their families are paying.
Mr. Chairman, H.R. 1401 is as strong as it is in part because the
Secretary of Defense and the Joint Chiefs spoke out forcefully in
public to advocate for a core set of reforms and initiatives. I commend
them for their effort. I am convinced that without the unanimous

[[Page 12149]]

leadership of the Joint Chiefs and the Secretary, the core set of
recruiting and retention initiatives would neither have been included
in the budget request, nor be politically supported in Congress as
strong as it presently is.
That the DOD's senior leadership spoke out so forcefully only
underscores how serious are DOD's recruiting and retention problems.
While we believe that H.R. 1401 will help to address these challenges,
we also know that the services' retention and recruiting problems will
not be solved in 1 year. Rather, several years of efforts at least will
be needed to restore the manpower readiness of the armed services and
to win the two-front war of retention and recruiting.
I believe that the committee will continue its strong, long-term
commitment to national defense, and I urge my colleagues to not only
join in that commitment, but also vote in favor of H.R. 1401. It is a
good bill for America. It is a good bill for the men and women in
uniform who serve this Nation.
I also want to compliment the gentleman from Hawaii (Mr.
Abercrombie). It was a pleasure to work with him on this bill as we
move forward a host of bipartisan initiatives to address the serious
recruiting, retention, and retirement pay compensation, and other
things to help shore up the readiness of our military. I urge my
colleagues to join me in voting for H.R. 1401.

{time} 1315

Mr. REYES. Mr. Chairman, I yield myself 1\1/4\ minutes.
Mr. Chairman, I rise today in support of this bill with one
reservation. This bill is good for our troops, good for their families
and good for the national security of this country.
For the troops, we have increased readiness accounts to ensure that
they have the equipment and the training that they need to be an
effective fighting force. For their families, we have increased soldier
pay, including even greater increases for experienced midlevel officers
and NCOs, who today are being lured into the private sector with better
paying salaries. We have fixed the retirement system to put all
military personnel in an equal retirement system, and we have increased
the basic housing allowance to help ensure that our soldiers and their
families are not living in substandard homes.
For national security we have increased the procurement accounts to
ensure the current and near-term success of our military, and increased
R&D accounts to ensure we maintain our position as a world leader long
into the future.
Like many of my Democratic colleagues, however, my main concern with
this bill is in the inclusion of the Kosovo language. I intend to
support the amendment of the gentleman from Missouri (Mr. Skelton) to
remove that language. If that language is eliminated, this, in my
opinion, will be a great bill.
Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the
gentleman from California (Mr. McKeon).
Mr. McKEON. Mr. Chairman, I rise in strong support of H.R. 1401.
I want to thank Chairman Spence and ranking member Skelton for their
work in bringing this vital piece of legislation to the floor.
As many of my colleagues follow the military conflict in Kosovo, they
may be surprised to hear that much of our success has been a direct
result of the B-2 stealth bomber and its critical role as a key
strategic component of our armed forces within the US-NATO mission.
Contrary to what opponents have claimed in the past, the B-2 has
proved to be extremely durable and reliable, even after flying through
terrible rain storms and skies filled with dense clouds. In fact, it
was the first manned aircraft to penetrate the Kosovo region at the
outset of the air strikes while other types of aircraft were deterred
from the bad weather conditions.
As the B-2 missions were increased with the progression of the air
strikes, the accuracy and reliability of the B-2 was confirmed. The
incredible success of our most advanced strategic bomber only proves
how critical it is to our national defense strategy.
With our national security at stake, I am very pleased that H.R. 1401
includes almost $500 million for the modernization of our B-2 fleet--
nearly $187 million more than the President had requested. These funds
will be used to improve the B-2 stealth and communications
capabilities, increase its memory capacity, and update targeting
information to support reactive real-time targeting.
Additionally, this critical funding will also provide for a software
upgrade to increase the survivability and flexibility of the B-2 when
attacking the most heavily defended enemy targets.
I am proud to support H.R. 1401 and strongly urge my colleagues to
vote in favor of this legislation.
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Weldon), the chairman of the Subcommittee on Military
Research and Development of the Committee on Armed Services.
Mr. WELDON of Pennsylvania. Mr. Chairman, I thank my distinguished
chairman for yielding me this time, and I want to thank the
distinguished ranking member and the chairman for their outstanding
work on this bipartisan bill.
I also want to thank the gentleman from Virginia (Mr. Pickett), who I
have the pleasure of working with on the Subcommittee on Military
Research and Development, who is one of the tireless advocates on
behalf of our Nation's national security.
Mr. Chairman, I am pleased to rise and state, as I have many times,
the fact that defense in this body has been bipartisan. There are
Democrat and Republican leaders who tirelessly fight for what is right
for our troops. Our battle has not been within the House, it has
actually been between the White House and the Congress. And it has been
a bipartisan effort over the past several years to restore dignity and
support for our troops.
This year in the R&D portion of our budget we had a very severe
problem. The administration, while publicly saying they were going to
increase defense spending, actually took a $3 billion cut out of the
R&D account lines. They shifted that money over to procurement and
called that an increase in defense spending. Now, I still cannot
believe they did that. They cut the R&D account by $3 billion, shifted
it to procurement, and they called that publicly a $3 billion increase
in funding.
They did not talk about what we were doing to those programs that are
the future threats to America: The need to research weapons of mass
destruction and how to deal with them; the need to deal with issues
involving missile defense systems which are an emerging priority for
all of us, both theater and national missile defense; and the need to
deal with the issue of information dominance or what John Hamre calls
cyber terrorism.
So while the administration was talking a good game about refocusing
its priority on national security, their words were not in fact
following their deeds. These cuts were outrageous and they were beyond
what we could live with.
Working with the distinguished chairman and the ranking member of the
full committee, we were able to find an additional $1.4 billion to
restore a portion of that money that this administration proposed
cutting. We could not restore the entire $3 billion, so there are some
programs that we should be funding that will not be funded next year,
but we did in fact find approximately one-half of that money that we
are putting back in.
In fact, in some areas, like information dominance, the supports, the
great work of the services, especially the Army with their LIWA
facility at Ft. Belvoir, we have increased funding by about $40 million
more than what the administration asked for. We have also restored the
only cooperative program with the Russians to build a stable
relationship on the issue of missile defense. The administration
actually proposed canceling the RAMOS project, which would have been
devastating to building confidence. We restore that program in this
bill and the effort to work in a more transparent way with the
Russians.
But let me say this, Mr. Chairman. While we do good things in this
bill, we do not solve the problem. We need to understand that the need
to commit to

[[Page 12150]]

more funding is a long-term commitment, and I hope our colleagues will
work together toward that end.
Mr. REYES. Mr. Chairman, I yield 1 minute to the gentleman from
Indiana (Mr. Hill).
Mr. HILL of Indiana. Mr. Chairman, I thank the gentleman for yielding
me this time.
Mr. Chairman, I am a new member of the House Committee on Armed
Services, but I understand the importance of a strong military. I
support this bill because I believe our Armed Forces have urgent
unfunded needs, including the military infrastructure, equipment and
spare parts. Most importantly, I believe that this is the year of the
troops, and I support a pay raise, pay scale reform, and retirement
benefits reform.
I am also glad to see this bill includes $378 million for the Army's
Environmental Restoration Account. The fund in this account benefits
areas such as the Indiana Army Ammunition Plant in Charleston, Indiana.
For many years, the Charleston facility and the men and women who
worked there served our national defense by manufacturing essential
parts of the ammunition used in combat in World War II, Korea and
Vietnam.
Now that our military no longer needs this facility, the Army Corps
of Engineers is cleaning up this land and preparing it for the transfer
to a civilian reuse authority. I am proud of the thousands of Hoosiers
who worked in the ammunition plant over the years, and I am pleased
that the army is helping these communities make the site an engine for
future economic growth.
Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the
gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Chairman, I rise in full support of this legislation.
While I rise in support of this bill, and commend our Chairman for
his diligent leadership, I believe that even he shares my mixed
feelings.
The good news is that for the fifth year in a row we were able to add
billions of dollars to the President's grossly inadequate defense
budget. This year we add some $8 billion to meet our most critical
shortfalls. I sincerely hope that we can keep our word and match this
increase during the appropriations process.
I am proud that we funded a 4.8 percent pay raise for the troops--.4
percent more than the President.
That we added $2 billion to basic readiness accounts to reduce the
maintenance backlog and purchase spare parts.
That we added $300 million to purchase new Tomahawk missiles to
replace the 700 missiles this President has fired in the last year
alone.
The bad news is that with all of the good work we did in this bill--
it is not nearly enough.
Our investment in national security is dangerously inadequate.
We spend less on defense today as a percentage of federal
expenditures than at any time since Pearl Harbor. This trend must be
reversed.
The Joint Chiefs of Staff have testified that the President's budget
is short by over $23 billion. I believe that we must commit a minimum
of $40 billion per year to restore our American military preparedness.
When the Air Force has less missiles than bombers to fire them;
When F-16 fighters are falling from the sky in alarming rates;
When Navy warships leave port with hundreds of battle stations
unmanned;
When the Air Force needs to implement a stop-loss for pilots and call
up 2,000 reservists to handle a minor military engagement such as
Kosovo;
When all of the Services face a $13 billion shortage in basic
ammunition, we must begin to act.
The list of casualties in this administration's seven year campaign
of military neglect goes on and on. I am still not sure what effect our
air assault is having on the Serb military but I am sure that it is
further degrading ours.
I commend our Chairman for bringing these issues to our attention and
doing the best job we could under the circumstances. But we need to do
more. We need to do whatever it takes, including lifting the budget
caps to insure America's Armed Forces remain the best equipped, the
best trained and the most effective in the world.
Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the
gentleman from Pennsylvania (Mr. Pitts).
Mr. PITTS. Mr. Chairman, I rise in strong support of this bill.
Mr. Chairman, today we are considering an excellent FY 2000 Defense
Authorization bill, and I thank Chairman Spence for his leadership in
bringing this bill to the floor.
In Committee, we have spent the past several months hearing testimony
from armed services personnel and military experts detailing the
alarming state of our military.
With rapidly growing threats worldwide to our national security, now
is the time to begin to rebuild our military from years of decimation
and escalating deployments. Mr. Chairman, this authorization responds
to these concerns.
As a former navigator and EWO of B-52 bombers, in the Air Force and a
Vietnam veteran, I am particularly excited about the authorizations for
upgrades and procurement of Air Force aircraft, as well as the
replenishment of ammunition and the modernization of military
equipment. Further, the pilot retention reforms contained in the
Authorization are essential. We have the best Air Force in the world--
no country comes close. Yet we have trouble holding on to the best
pilots because we simply do not take care of them.
Most importantly, this Authorization reaches out a hand to military
families. The 4.8 percent across-the-board pay increase and pay table
reform, the major reform in military bonuses, and the implementation of
new housing allowances helps close the pay gap with the private sector
and will enable military personnel to better take care of their
families.
We frequently ask our men and women in the military to leave their
families, fight for our national security, and even die for our freedom
and liberty. Yet, we do not provide our service personnel with the pay
or equipment it takes to get the job done right. It is appalling that
even one of these families must seek welfare just to put food on the
table and buy clothes for their children. I honestly believe that the
authorization we have before us today will go a long way in correcting
this problem.
I urge my colleagues to support this authorization, which will
provide for the dedicated soldiers in our armed services and adequately
fund our military so that American families are safe from hostile
threat.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from
Georgia (Mr. Chambliss).
Mr. CHAMBLISS. Mr. Chairman, this bill is a bold step toward putting
America's defense funding back on a sound footing. Our military is
currently overextended and underfunded. Right now we have a quarter of
a million American troops serving in 135 countries around the world.
The military is 40 percent smaller than it was during the Persian Gulf
War while operational commitments around the world have increased by
300 percent.
This bill establishes additional quality of life functions for the
members of our Armed Services that are going to be of tremendous
benefit. We also provide for four new Marine Corps KC-130J tankers, a
14th JSTARS aircraft, long-lead funding for a 15th, and the F-22
advanced tactical fighter.
Finally, we reaffirm our belief that depot maintenance capabilities
for critical mission essential systems must be retained organically in
the military depot system. The Air Force has chosen an ill-defined and
unclear policy to support critical weapon systems in the future. This
bill requires the Air Force to report to us on their future sustainment
plans and specifically identify the core logistics requirements for the
C-17 aircraft, a unique military system that has proven its importance
in supporting our deployed forces.
We owe it to our warfighters to ensure that core capabilities will be
there when they are called upon in the future. I urge the support of
this bill.
Mr. REYES. Mr. Chairman, may I ask how much time is remaining on both
sides?
The CHAIRMAN. The gentleman from Texas (Mr. Reyes) has 12 minutes
remaining, and the gentleman from South Carolina (Mr. Spence) has 2
minutes remaining.
Mr. REYES. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Andrews).
Mr. ANDREWS. Mr. Chairman, I thank my friend for yielding me this
time. I want to thank the gentleman from South Carolina (Mr. Spence),
and the ranking member, the gentleman from Missouri (Mr. Skelton) and
all our colleagues on the committee for bringing this bill to the
floor. I support it.

[[Page 12151]]

I support it because it supports the men and women who wear the
uniform of this country with such pride. I do not believe I have ever
seen that strength more on display than I did a few weeks ago when I
visited Fort Dix, which is in the District of my friend and neighbor
the gentleman from New Jersey (Mr. Saxton), to visit with the ethnic
Albanian refugees who had come to this country from the horror they had
faced the in the Balkans.
On the first night that they were in that camp, a little girl about
the same age as my oldest daughter, who is 6, saw an American soldier
walking toward her. Her reaction was to scream, to turn around and run
as fast as she could in the other direction, telling her mother and
father and sisters and brothers that they had to run away because the
soldiers were coming. It is understandable why she would have had that
reaction, given where she grew up.
Her mother went over to her and comforted her and said that she did
not have to run away; that here soldiers were different; that this was
a different place; that soldiers could be trusted. And she reacted in a
way that many of us would want to react in expressing support for
people wearing a uniform. She ran in the other direction, she jumped up
in the arms of that American soldier and hugged him around the neck as
fiercely as she could.
Our people are strong not only because of the strength of the weapons
that we give them, of the training that they achieve, but they are
strong because of the strength of their character. The best way that we
can show our respect for that strength is to raise their pay, and this
bill does that; it is to respect their retirement, and this bill does
that; it is to provide better living conditions for their families, and
this bill does that; and, finally, it is to give them the finest
training and the finest weaponry, and this bill does that.
Mr. Chairman, I am proud to support it.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Goodling), the chairman of the Committee on Education
and the Workforce.
Mr. GOODLING. Mr. Chairman, I thank the gentleman for yielding me
this time.
At the present time there are 46,000 women, infants and children who
belong to our military overseas who are not covered by WIC.
Fortunately, thanks to this committee, that will be remedied and we
will not have that imbalance. They will get the same benefits that they
would get if they, as a matter of fact, were stationed in the United
States.
I want to also touch briefly on another area. Some years ago I came
before the committee to indicate that we were buying our buoy chains
from China, and I wondered where we were going to get them if we were
in war, and this committee corrected that. And now we have the military
buying weights for their exercise programs from China because they are
cheap, because, of course, they are made with slave labor. And they
have taken some steps in this legislation to correct that.
So I would hope all would support this effort to make our military
strong and proud once again, because for 4 of the last 6 years it has
not been treated very well.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Brady).
Mr. BRADY of Texas. Mr. Chairman, I rise in support of H.R. 1401 and
congratulate the gentleman from South Carolina (Mr. Spence) and the
ranking member, the gentleman from Missouri (Mr. Skelton) for their
leadership on this issue.
There is one provision, though, that troubles me, and I respectfully
raise it today. Section 113 concerns the U.S. Army's family of medium
tactical vehicles. They are trucks for the army. Specifically, this
section, 113, allows the U.S. Army to ignore the will of Congress, to
drop a proven volume discount for producing the trucks and pursue a
second source contract award without proving any economic savings to
the government.
Well, that does not make sense. Congress made it clear last year, in
law, that we wanted justification from the Army. Now, they did a report
to justify it, but they will not release it. Now, what does that tell
us?
We should not change the law to allow the Army to go forward on this
because it is bad for the taxpayers and it is going to be proven to be
very ill-advised. It is my sincere hope, Mr. Chairman, that the
distinguished chairman and the ranking member and the Members to be
named on the conference committee will provide the best trucks for the
Army at the best price to the taxpayers.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from New
Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Chairman, I thank the gentleman for
yielding me this time, and I want to commend the gentleman from South
Carolina (Mr. Spence), the chairman, and the gentleman from Missouri
(Mr. Skelton), the ranking member, for an excellent bill that I think
should get the full support of every Member here.
I also want to especially thank the gentleman from Colorado (Mr.
Hefley) for rejecting the Clinton administration's flawed and misguided
proposal to gut administration's funding for our military construction
through the Administration's phased funding scheme. Thankfully, that
has been rejected. And I especially want to thank the gentleman from
Colorado (Mr. Hefley) and the superb work of Phil Grone for including
the super lab for Navy Lakehurst.

{time} 1330

Nothing is launched from our aircraft carriers or recovered, the
catapults and the arresting gear, unless it has first been prototyped
and bugs worked out at Lakehurst.
Lakehurst means safety for our pilots and the likelihood of a
successful mission.
Lakehurst has an impeccable record of success, of providing an
expertise that keeps our aircraft capable. I am just so glad that this
new superlab will be built and provide the synergism and take us into
the next millennium. The superlab will give us that ability to continue
to have a viable aircraft carrier force. The superlab is absolutely
instrumental and important for that endeavor. I want to thank the
gentleman from Colorado (Mr. Hefley) for his great service to our
nation. I urge support for it.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Lee).
Ms. LEE. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, I rise today to express my opposition to this defense
authorization bill. I believe that this budget is counterproductive to
our domestic requirements and goes far beyond our national security
needs.
Today national defense consumes 48 percent of our discretionary
budget. The proposed 2000 budget will consume 51 percent of the
discretionary budget. American cities receive only 25 cents for every
$1 that the Pentagon collects. That 25 cents must be spread thin to
protect our environment, feed and house families, educate our children,
provide health care for the elderly, and to fund other essential
programs.
We must also make sure that our courageous men and women serving in
the armed services are adequately compensated for their very courageous
duty. However, we must stop giving the Pentagon more money than it asks
for or that it requires, to the detriment of our country's basic needs.
I urge a ``no'' vote on this costly bill.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Chairman, I would like to take this
opportunity to respond to the previous speaker, who I do have the
greatest respect for, who was elected by just as many people as I was
elected by and represents just as many people.
But I would encourage her to support the bill. Particularly, I would
encourage her to support the bill because I think it is important that
the minority Members of this body support an Armed Forces that has a
more than fair share of minorities on board.

[[Page 12152]]

We have a strange situation in our country where folks are willing to
spend their money but not ask their children to serve. We have another
group of people whose children serve but who say, you cannot have our
money.
We need to correct that. We need to treat those young people who are
serving our country with respect. We need to fund the G.I. bill. We
need to give them a good barracks. We need to see to it that they are
well fed. We need to see to it that there are enough of them that they
do not have to be gone from their families all the time.
To my colleagues who are saying, you can have my money but not my
son, I would encourage their children to enlist.
The gentleman from Missouri (Mr. Skelton) and I have visited a
corporate board last summer, a company that does 99 percent of its work
with the United States Navy; and we asked that board, ``How many of you
have a young son or young daughter in the Armed Forces?'' Not one hand
went up.
So I do think that what we are doing today is a step in the right
direction. I want to compliment the chairman and the ranking member on
that. I would encourage us to go on to fulfill our promise of lifetime
health care to our military retirees. I do see that as a readiness
problem.
I want to see to it that our young people are able to have their
ailments treated and their children born on a base hospital rather than
to have to go out and put up with the hassle of Tricare. And above all,
we need to start replacing these ancient weapon systems, like the
HUEYs, like the CH-46s and 47s, that endanger the very young people
that all of us care about, and see to it that they are given weapons
worthy of them.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Florida (Mrs. Meek).
Mrs. MEEK of Florida. Mr. Chairman, I thank my colleague and friend
for yielding me this time to speak. My statement is in opposition to
the Gilman-Goss amendment that is included here in this bill.
Mr. Chairman, I rise in strong opposition to the Gilman-Goss
amendment because it would mandate the removal of our military support
in Haiti. This amendment undercuts the President's authority as
Commander in Chief to deploy forces abroad for noncombat purposes where
important United States foreign policy and security interests are at
stake.
The withdrawal of our forces from Haiti at this time would send the
wrong message, Mr. Chairman. It would have a serious destabilizing
effect on Haiti at the very time that they approach their legislative
elections. And these legislative elections will lead toward the full
restoration of the Parliament and local governments.
It is so significant that at this time we do our best to assist in
restoring democracy to Haiti and not take troops out of Haiti but to
try, if possible, to add more because this is a very, very crucial
time. The supporters of this amendment speak generally of the need to
evaluate our commitments carefully and the need to get out of something
and not simply accumulate additional constituencies.
All of us agree that we need to evaluate our commitments carefully.
Yet adherence to this general principle has very, very little, Mr.
Chairman, to do with this debate.
It is instructive that none of the military authorities cited in the
``Dear Colleague'' letter sent out about my fellow Floridian in support
of the amendment states that we can or should withdraw all of our
military forces from Haiti at this time. It is also instructive that
none of the supporters of this amendment have offered a standard to be
used in assessing whether to discontinue a military presence.
What is the standard, Mr. Chairman? It has not been stated. Will
there be one standard for Kosovo and one for Haiti? Lots of questions,
Mr. Chairman. And I say that we should not support this part of the
amendment.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me take this opportunity to commend some very fine
airmen and women, in particular those at Whiteman Air Force Base who
are flying and working on and maintaining the B-2 stealth bomber.
In this Chamber, for a number of times, we debated the issue as to
whether we would build any such bombers. In this conflict over
Yugoslavia, they have proven themselves, both the planes as well as the
young men and women who work so hard with them and flying them, they
have proved themselves to be invaluable. I am proud of them.
Let me say a special word of thanks and gratitude to the leader,
Brigadier General Leroy Barnidge, who is the Wing Commander of the
509th bomb group at Whiteman Air Force Base. They are certainly today's
heroes, and I thank them for their wonderful efforts for our country.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. SKELTON. I yield to the gentleman from Washington.
Mr. DICKS. Mr. Chairman, I want to commend the gentleman for his
leadership for the great work done at Whiteman Air Force Base, for the
military construction facilities that are there. I know that he worked
hard to make sure that that facility in his district was one of the
finest in the country.
He and I had the great privilege of going out there the first day
that the B-2 flew in combat and to greet the first 4 pilots who had
flown those two planes, 2 pilots per plane. Thirty-one hours round-trip
from Whiteman Air Force Base to Kosovo and back.
I think it is a very important point to pause and think about the
revolutionary impact of having a stealth bomber with precision-guided
weapons. The accuracy, the number of targets that the B-2 hit, is just
extraordinary.
Also, I had a chance, I would tell my colleagues, to go and visit
with our pilots at Fairfort, England, who flew the B-52s and the B-1s.
And we have a small bomber force but a good one.
In this very bill, I want to compliment the gentleman from California
(Mr. Duncan Hunter), the chairman, and the gentleman from Virginia (Mr.
Sisisky) for putting in the bomber package of money to enhance all of
our existing bombers.
I think this war has proven that these bombers are much more valuable
than we gave them credit for. And the fact that the B-2 could fly in
all weather, day, night, all weather, when nobody else could, was
absolutely crucial in keeping the momentum of the air war early on.
So, again, it was an honor to go out with my friend from Missouri. He
and I came to Congress the same year. We have fought together four
times on this floor to vote for the B-2. And I only wish that in the
other body we had had the support to keep this program going, because I
think it is one of the historic mistakes of this institution that we
did not keep production of this airplane moving forward.
Mr. SKELTON. Mr. Chairman, reclaiming my time, we are very, very
blessed to have the number of planes that we have. As my colleague
knows, 10 are currently at Whiteman Air Force Base and a good number of
them are being used in this effort.
It is interesting to note that only 3 percent of the sorties, the
entire sorties, were flown by B-2 stealth bombers but they did some 20
percent of the strikes. That speaks well for the system, for the young
men and young women at Whiteman Air Force Base.
I thank the gentleman for his kind words about those people in
Missouri who are doing so remarkably well.
Mr. SPENCE. Mr. Chairman, I yield the balance of the time to the
gentleman from North Carolina (Mr. Hayes).
The CHAIRMAN. The gentleman from North Carolina (Mr. Hayes) is
recognized for 1 minute.
Mr. HAYES. Mr. Chairman, I am proud to rise in support of the defense
authorization bill. I commend all of my colleagues, especially the
gentleman from South Carolina (Mr. Spence), the gentleman from Missouri
(Mr. Skelton), the ranking member, for a fine bill.
The committee has put forth legislation that signifies the great
support this Congress has for the million and a

[[Page 12153]]

half patriotic Americans who voluntarily defend our freedom.
Mr. Chairman, I recently visited Ft. Bragg in the 8th District of
North Carolina. Over the past 6 months, I have been to Ft. Bragg and
Pope Air Force Base a number of times. My last visit was unique. I went
to the base with my wife, Barbara, to speak with our soldiers and their
spouses about issues important to our military families.
Once again, we came away from our discussions thoroughly impressed by
the quality of men and women who serve in the Armed Forces. After
meeting with three separate groups of personnel, junior enlisted
soldiers, senior commissioned officers, and junior officers, it was
clear that our troops demonstrate a ``can do'' spirit and pride in
their service unrivaled anywhere in the world. They deserve this bill.
Unfortunately, we also heard stories of hardship from our soldiers
and their families that made me ashamed, ashamed that the government of
a Nation so rich in military tradition could be so negligent in meeting
the needs of our military families. I came away convinced we should add
to this budget things that take care of their needs.
Mr. Chairman, I am pleased to report that the House Committee on
Armed Services has successfully accomplished its mission and this bill
reflects our efforts. We have included in the bill measures which will
enhance quality of life for our personnel and their families, 4.8
percent increase in pay, reform pay tables, repealed REDUX.
Mr. Chairman, I look forward to returning to Bragg and Pope and
telling those wonderful young soldiers that this is indeed the year of
the troops. I thank the committee. Our troops protect us. We must
support them. This bill does that.
Ms. Jackson-Lee of Texas. Mr. Chairman, I rise today to discuss two
recent events in my life; in order to better relate the common concerns
among our troops and veterans. Our veterans and troops are concerned
about military pay and benefits, readiness, and modernization
shortfalls confronting our military services.
Mr. Chairman, it has nearly been a month since I joined a
congressional delegation that traveled to Germany, Albania, Macedonia,
Italy and Belgium. While it was somewhat disheartening to see the
effects of this tragedy up close, it was comforting to see the
courageous spirit that persevered among our troops and the many non-
government organizations aiding in the current crisis in the Balkans.
It is incomprehensible to imagine the scope of this tragedy until you
see it in person. On the ground and among the refugees, I was able to
interact and listen to the stories of this human tragedy. Putting faces
behind tragic accounts, I heard about the killing of innocent men and
boys, the wanton burning of homes, and the brutal rape of Kosovar
women.
In addition to confronting the humanitarian crisis, I had the good
fortune of interacting with our troops. I am pleased to report that our
troops had high spirits and that they remain committed to the NATO
operation. As is customary with U.S. Armed Forces their preparedness,
attention to detail, and commitment to duty and country was very
impressive.
Mr. Chairman, I also had the privilege of joining in the 50th
Anniversary of the Houston Department of Veterans Affairs Medical
Center. This Medical Center is dedicated to upholding President
Lincoln's call ``to care for him who shall have borne the battle.'' The
men and women of this facility have answered the challenge of their
dedication by providing the best medical care to veterans residing in
the Houston community and southeast Texas.
The common theme from my two experiences has been the unwavering
dedication to our nation's defense and national security interests
displayed by our veterans in the past and by our young men and women
today in the Balkan region and throughout the world. Mr. Speaker, as we
approach the Memorial Day holiday we owe it to our nation to pass a
defense authorization that will provide for a viable and cost effective
defense. We owe it to the young service men and women I met during my
trip to the Balkan region and to the veterans in the Houston Veterans
Affairs Medical Center to address their concerns and issues.
Mr. Chairman, this bill authorizes a total of $288.8 billion for
defense programs. This request is approximately $8.3 billion (3%) more
than the administration's request. On May 21, President Clinton signed
H.R. 1141, which included an additional $1.8 billion to pay for
increases in military pay and pensions in fiscal year 2000. Thus, the
total increase over Clinton's defense budget request would be more than
$10 million.
This bill does reflect Congress's continuing efforts to address
systemic quality of life, readiness and modernization shortfalls. The
bill addresses those programs like pay, housing, retirement that have
the most noticeable and direct effect on service personnel and their
families. The bill also addresses other significant areas of military
readiness including meeting the recruitment challenge and the training
of our soldiers.
While this bill addresses significant quality of life issues and
provides significant funds for modernization and procurement of weapons
systems, it fails in three significant aspects. First, this bill
prohibits the use of FY 2000 funds authorized in this bill for ongoing
operations in Yugoslavia, and directs the administration to submit a
supplemental budget in the military operations continue into FY 2000.
Mr. Chairman, if this body adopts this provision we would be sending
the wrong message to the Yugoslavian President Slobodan Milosevic. As
negotiations continue and the air campaign inflicts continuing damage
on the Yugoslavian army and police units, this body cannot send mixed
signals. This measure of the defense authorization bill will only
encourage Milosevic to hold out against the NATO terms.
This body must remain committed to NATO's objective of a peaceful
multi-ethnic democratic Kosovo in which all its people live in
security. You know when I was walking among the refugees in that camp
in Albania, I had the chance to ask many of them, if they thought
NATO's action were to blame for their current situation. Mr. Speaker,
every person in that camp placed the responsibility for this crisis
squarely at the feet of Milosevic. The body cannot relent from our
mission of peace and must ensure that Milosevic pays a heavy price for
his present policy of repression.
The second area in which this bill fails, is its failure to eliminate
a provision that interferes with a woman's right of choice. The fiscal
1996 defense authorization law bars female service members or military
dependents stationed overseas from obtaining abortions in U.S. military
hospitals abroad, even if they pay for the procedure, except in cases
where the pregnancy threatens the woman's life.
This bill slightly expands current law by allowing the use of
appropriated funds to support abortions for military beneficiaries
whose pregnancy is the result of an act of forcible rape or incest--but
only when such incidents have been reported to a law enforcement
agency. Though this change is welcome the law still denies women who
have volunteered to serve their country, their legally protected right
to choose abortion, simply because they are stationed overseas.
Prohibiting women from using their own funds to obtain abortion
services at overseas military facilities continues to endanger women's
health.
Finally, I oppose the extent of funding increases for defense
programs proposed in H.R. 1401. The democratic alternative provides for
an increase over FY 1999 levels and ensures that critical readiness
needs are met. Our plan allows for weapons modernization and proposes a
generous military compensation package for our service men and women.
But our plan ensures that other critical priorities like education and
agriculture receive sufficient funding.
This bill could be improved in these three areas while still
providing for a viable defense and more importantly addressing the
needs of our service men and women and of our veterans.
Ms. GRANGER. Mr. Chairman, I want to commend Chairman Spence and the
members of the House Armed Services Committee for their hard work and
dedication to our nation's armed services. Like many members who spoke
today, I am very concerned about the current state of our military and
the very serious breech of national security information at our
nation's Department of Energy Research laboratories. Once again, the
Republican Congress has done the best we can to provide for our
national defense, but the reality remains that more resources are
needed if the United States is going to remain the world's last
remaining Superpower.
Members who know me, know that I am very supportive of the Marines'
MV-22 ``Osprey'' and I believe--like the Acting Secretary of the Air
Force--that we need many more new F-16s. But, I never forget the number
one asset--and the best weapons--in our armed services: the men and
women who proudly serve our nation.
I have had the opportunity to visit with our servicemen and women
around the world on several occasions since I was elected to Congress.
After each visit I have come away with a greater appreciation for the
dedication and capabilities of our military men and women.

[[Page 12154]]

There is no question they are the best trained and most effective
fighting force in the world. But we cannot take them for granted. We
cannot continue to deploy them at the current rate. We cannot continue
to ask them to do more with very old equipment, in some cases. We
cannot continue to expect to retain our best officers and enlisted
personnel when there is such a substantial pay differential between the
military and civilian jobs.
There has been much discussion of the Joint Chiefs of Staff's list of
immediate unfunded requirements--totaling around $20 billion. This is
very serious, but it should come as no surprise when you consider the
way this administration has vastly increased the operations tempo of
our military, while vastly under-funding its personnel, procurement,
R&D, and modernization needs.
That is a nice way of saying the Clinton administration's military
and foreign polices have strained our military to the breaking point,
first by failing to adequately invest in our national security and then
by committing our forces to a disturbing number of missions around the
world.
H.R. 1401 deserves the support of every member of the House of
Representatives because it addresses many of the disturbing long-term
trends in our military, such as: (1) declining service-wide mission
capable rates for aircraft; (2) equipment shortfalls; (3) service-wide
problems with aging equipment; (4) acute shortfalls in basic ammunition
in the Army and the Marine Corps; and (5) personnel shortages.
All of these problems are very serious, but let me talk about aging
equipment for a moment. The Marine Corps' new MV-22 tilt-rotor aircraft
will replace a helicopter that is almost 40 years old, the CH-46. How
many of you would drive a car that is 40 years old?
We're not talking about a vintage car that you take out of the garage
on nice, sunny, spring days. We're talking about a helicopter that we
pack our young marines into and ask them to accomplish missions in
dangerous situations--situations in which there can be no margin for
error!
This is an intolerable situation. While I applaud the Armed Services
Committee's decision to add an additional MV-22 to the president's
request, I strongly urge the House conferees to support the Senate's
decision to add two MV-22s to the administration's FY 2000 budget
request.
I also want to thank the administration and the Armed Services
Committee for recognizing the need for new F-16s, and that current
operations are only increasing the need for new F-16s in the future. I
strongly urge my colleagues on the Appropriations Defense Subcommittee
to follow that sentiment of the House today, and the Senate, by fully
funding the F-16 in fiscal year 2000.
In conclusion, it is clear that we cannot continue to willingly send
our troops all over the world when here at home we are unwilling to
give our troops the equipment and the pay they need and deserve. To
those who say we cannot afford to have the best military in the world,
I say we cannot afford not to have it. To those who say we do not need
the best military in the world, I say the events of the last few weeks
show that we do.
I am pleased to support passage of H.R. 1401 and I urge all of my
colleagues to support our armed forces by voting for this very
important legislation.
Mr. GOODLING. Mr. Chairman, the United States has long been the
leader in manufacturing. Our ingenuity and efficiency drove our economy
from a largely agrarian society to the pulsing industrial powerhouse
that it is today. However, over the years, many foreign countries with
government controlled economies have steadily cut into our markets
because their subsidized products clearly have an economic advantage in
our open markets.
While I applaud efforts of the United States government to level the
playing field by controlling the flood of subsidized imports, I cannot
condone the actions by our government that facilitate the continued
import of these cheap products. I encountered these troubles during the
103rd Congress when I shepherded legislation through the Congress
requiring the U.S. Coast Guard to purchase buoy chain manufactured in
the United States because an overabundance of their purchases relied on
foreign sources. Today, a similar problem is occurring when the
Department of Defense purchases free weight strength training
equipment.
Despite having quality, domestically manufactured products available
to provide to our troops, various installations of the United States
Armed Services are purchasing free weight strength training equipment
manufactured in foreign countries, predominantly in the Peoples
Republic of China. As a result, many of our troops are training with
equipment that not only is manufactured by a Communist government that
has worked to undermine the national security of the United States, but
also might be manufactured with slave labor.
These cheap, lower-grade Chinese products are imported by American
fitness companies and sold to our government under domestic labels at
the expense of our domestic manufacturers. Consequently, American
producers have suffered.
Buy American legislation was enacted to protect our domestic labor
market by providing a preference for American goods in government
purchases. This Act is critical to protecting the market share of our
domestic producers from foreign government-subsidized manufacturers.
However, the Buy American Act is not always obeyed.
According to an audit conducted last year by the Inspector General of
the Department of Defense, an astonishing 59 percent of the contracts
procuring military clothing and related items did not include the
appropriate clause to implement the Buy American Act. This troubles me
because many of our domestic producers are the ones that feel the blow.
Despite this audit and the subsequent instruction by the Defense
Department to its procurement officials that the Buy American Act must
be adhered to, to date, at least five defense installations provide
predominately foreign made free weight products for their personnel to
weight train. Unfortunately, I believe this may signify a trend in
purchases of foreign manufactured free weights under the Department of
Defense.
For this reason, I have offered an amendment that would prohibit the
Secretary of Defense from procuring free weight equipment used by our
troops for strength training and conditioning if those weights were not
domestically manufactured.
Should Congress not agree with my estimation as to the depth of this
problem and fail to end repeat occurrences, I prepared a second
amendment that would require the Inspector General to further
investigate the Defense Department's compliance with purchases of the
Buy American Act for free weight strength training equipment. However,
I think it is important to note that while this approach could
successfully highlight the problem, it would only delay the process,
thereby, further punishing our domestic producers.
No one can argue that the physical fitness of our troops is vital. It
is well known in the Pentagon that when you're physically fit, you're
also mentally prepared for any conflict. It is the cornerstone of
readiness. In fact, a recent survey of nearly 1,000 Marine Corps
officers, whose results appeared in a May 5 article of the Marine Corps
Times, cited fitness as the number one program offered under the
Morale, Welfare and Recreation program.
In addition, the importance of using free weights to train our
military cannot be understated. The Marine Corps Times article further
demonstrated the need for free weights by explaining the access to free
weights was the number one requested activity by deployed units and the
second most popular request by units about to be deployed; second only
to E-mail access. Clearly, the demand for free weights is present.
However, the fact that some of our troops use Chinese manufactured
weights when a higher quality domestic product is available, I find
remarkable.
Although the Department of Defense may have taken steps to curb Buy
American Act procurement abuses in the aftermath of the Inspector
General's report on clothing procurement, I am concerned that
widespread abuses of foreign free weight procurements may continue
unless Congress acts to end this practice.
I believe Congress needs to protect our domestic interests by
ensuring that U.S. manufacturers are insulated from cheap imports being
sold to the United States government, and that our troops train with a
high quality product manufactured in the United States, not Communist
China. Accordingly, it is my intention to prohibit our military from
spending U.S. tax dollars on free weight strength training products
that are produced by a Communist government that has little respect for
our national security and human rights.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill is considered as an original bill for
the purpose of amendment and is considered read.
The text of the committee amendment in the nature of a substitute is
as follows:

H.R. 1401

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''.

[[Page 12155]]

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

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee program.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for Army programs.
Sec. 112. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities
without regard to availability from domestic sources.
Sec. 113. Revision to conditions for award of a second-source
procurement contract for the Family of Medium Tactical
Vehicles.

Subtitle C--Navy Programs

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

Subtitle D--Chemical Stockpile Destruction Program

Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 142. Alternative technologies for destruction of assembled
chemical weapons.

Subtitle E--Other Matters

Sec. 151. Limitation on expenditures for satellite communications.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Collaborative program to evaluate and demonstrate advanced
technologies for advanced capability combat vehicles.
Sec. 212. Revisions in manufacturing technology program.

Subtitle C--Ballistic Missile Defense

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

Subtitle D--Other Matters

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Transfer to Defense Working Capital Funds to support Defense
Commissary Agency.

Subtitle B--Program Requirements, Restrictions, and Limitations

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

Subtitle C--Environmental Provisions

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

Subtitle D--Performance of Functions by Private-Sector Sources

Sec. 331. Expansion of annual report on contracting for commercial and
industrial type functions.
Sec. 332. Congressional notification of A-76 cost comparison waivers.
Sec. 333. Improved evaluation of local economic effect of changing
defense functions to private sector performance.
Sec. 334. Annual reports on expenditures for performance of depot-level
maintenance and repair workloads by public and private
sectors.
Sec. 335. Applicability of competition requirement in contracting out
workloads performed by depot-level activities of
Department of Defense.
Sec. 336. Treatment of public sector winning bidders for contracts for
performance of depot-level maintenance and repair
workloads formerly performed at certain military
installations.
Sec. 337. Process for modernization of computer systems at Army
computer centers.
Sec. 338. Evaluation of total system performance responsibility
program.
Sec. 339. Identification of core logistics capability requirements for
maintenance and repair of C-17 aircraft.

Subtitle E--Defense Dependents Education

Sec. 341. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 342. Continuation of enrollment at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 343. Technical amendments to Defense Dependents' Education Act of
1978.

Subtitle F--Military Readiness Issues

Sec. 351. Independent study of Department of Defense secondary
inventory and parts shortages.
Sec. 352. Independent study of adequacy of department restructured
sustainment and reengineered logistics product support
practices.
Sec. 353. Independent study of military readiness reporting system.
Sec. 354. Review of real property maintenance and its effect on
readiness.
Sec. 355. Establishment of logistics standards for sustained military
operations.

Subtitle G--Other Matters

Sec. 361. Discretionary authority to install telecommunication
equipment for persons performing voluntary services.
Sec. 362. Contracting authority for defense working capital funded
industrial facilities.
Sec. 363. Clarification of condition on sale of articles and services
of industrial facilities to persons outside Department of
Defense.
Sec. 364. Special authority of disbursing officials regarding automated
teller machines on naval vessels.
Sec. 365. Preservation of historic buildings and grounds at United
States Soldiers' and Airmen's Home, District of Columbia.
Sec. 366. Clarification of land conveyance authority, United States
Soldiers' and Airmen's Home.
Sec. 367. Treatment of Alaska, Hawaii, and Guam in defense household
goods moving programs.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Appointments to certain senior joint officer positions.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in number of Army and Air Force members in certain
grades authorized to serve on active duty in support of
the Reserves.
Sec. 415. Selected Reserve end strength flexibility.

Subtitle C--Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Recommendations for promotion by selection boards.
Sec. 502. Technical amendments relating to joint duty assignments.

Subtitle B--Matters Relating to Reserve Components

Sec. 511. Continuation on Reserve active status list to complete
disciplinary action.
Sec. 512. Authority to order reserve component members to active duty
to complete a medical evaluation.
Sec. 513. Eligibility for consideration for promotion.
Sec. 514. Retention until completion of 20 years of service for reserve
component majors and lieutenant commanders who twice fail
of selection for promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Authority to retain reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required
travel for Reserves.
Sec. 518. Financial assistance program for specially selected members
of the Marine Corps Reserve.
Sec. 519. Options to improve recruiting for the Army Reserve.

Subtitle C--Military Technicians

Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.

[[Page 12156]]

Sec. 524. Revision to authorities relating to National Guard
technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing
process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status
technicians.

Subtitle D--Service Academies

Sec. 531. Waiver of reimbursement of expenses for instruction at
service academies of persons from foreign countries.
Sec. 532. Compliance by United States Military Academy with statutory
limit on size of Corps of Cadets.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air Force Academy.
Sec. 534. Exclusion from certain general and flag officer grade
strength limitations for the superintendents of the
service academies.

Subtitle E--Education and Training

Sec. 541. Establishment of a Department of Defense international
student program at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of
strategic studies.
Sec. 543. Authority for air university to award graduate-level degrees.
Sec. 544. Correction of Reserve credit for participation in health
professional scholarship and financial assistance
program.
Sec. 545. Permanent expansion of ROTC program to include graduate
students.
Sec. 546. Increase in monthly subsistence allowance for senior ROTC
cadets selected for advanced training.
Sec. 547. Contingent funding increase for Junior ROTC program.
Sec. 548. Change from annual to biennial reporting under the Reserve
component Montgomery GI Bill.
Sec. 549. Recodification and consolidation of statutes denying Federal
grants and contracts by certain departments and agencies
to institutions of higher education that prohibit Senior
ROTC units or military recruiting on campus.

Subtitle F--Decorations and Awards

Sec. 551. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 552 Sense of Congress concerning Presidential Unit Citation for
crew of the U.S.S. INDIANAPOLIS.

Subtitle G--Other Matters

Sec. 561. Revision in authority to order retired members to active
duty.
Sec. 562. Temporary authority for recall of retired aviators.
Sec. 563. Service review agencies covered by professional staffing
requirement.
Sec. 564. Conforming amendment to authorize Reserve officers and
retired regular officers to hold a civil office while
serving on active duty for not more than 270 days.
Sec. 565. Revision to requirement for honor guard details at funerals
of veterans.
Sec. 566. Purpose and funding limitations for National Guard Challenge
Program.
Sec. 567. Access to secondary school students for military recruiting
purposes.
Sec. 568. Survey of members leaving military service on attitudes
toward military service.
Sec. 569. Improvement in system for assigning personnel to warfighting
units.
Sec. 570. Requirement for Department of Defense regulations to protect
the confidentiality of communications between dependents
and professionals providing therapeutic or related
services regarding sexual or domestic abuse.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2000 increase in military basic pay and reform of
basic pay rates.
Sec. 602. Pay increases for fiscal years after fiscal year 2000.
Sec. 603. Additional amount available for fiscal year 2000 increase in
basic allowance for housing inside the United States.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Aviation career incentive pay for air battle managers.
Sec. 615. Expansion of authority to provide special pay to aviation
career officers extending period of active duty.
Sec. 616. Diving duty special pay.
Sec. 617. Reenlistment bonus.
Sec. 618. Enlistment bonus.
Sec. 619. Revised eligibility requirements for reserve component prior
service enlistment bonus.
Sec. 620. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 621. Increase in authorized monthly rate of foreign language
proficiency pay.
Sec. 622. Authorization of retention bonus for special warfare officers
extending period of active duty.
Sec. 623. Authorization of surface warfare officer continuation pay.
Sec. 624. Authorization of career enlisted flyer incentive pay.
Sec. 625. Authorization of judge advocate continuation pay.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Provision of lodging in kind for Reservists performing
training duty and not otherwise entitled to travel and
transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making
their first permanent change of station.
Sec. 633. Emergency leave travel cost limitations.

Subtitle D--Retired Pay Reform

Sec. 641. Redux retired pay system applicable only to members electing
new 15-year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.

Subtitle E--Other Retired Pay and Survivor Benefit Matters

Sec. 651. Effective date of disability retirement for members dying in
civilian medical facilities.
Sec. 652. Extension of annuity eligibility for surviving spouses of
certain retirement eligible reserve members.
Sec. 653. Presentation of United States flag to retiring members of the
uniformed services not previously covered.
Sec. 654. Accrual funding for retirement system for commissioned corps
of National Oceanic and Atmospheric Administration.

Subtitle F--Other Matters

Sec. 671. Payments for unused accrued leave as part of reenlistment.
Sec. 672. Clarification of per diem eligibility for military
technicians serving on active duty without pay outside
the United States.
Sec. 673. Overseas special supplemental food program.
Sec. 674. Special compensation for severely disabled uniformed services
retirees.
Sec. 675. Tuition assistance for members deployed in a ---- contingency
operation.

TITLE VII--HEALTH CARE MATTERS

Subtitle A--Health Care Services

Sec. 701. Provision of health care to members on active duty at certain
remote locations.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Continuation of provision of domiciliary and custodial care
for certain CHAMPUS beneficiaries.
Sec. 704. Removal of restrictions on use of funds for abortions in
certain cases of rape or incest.

Subtitle B--TRICARE Program

Sec. 711. Improvements to claims processing under the TRICARE program.
Sec. 712. Authority to waive certain TRICARE deductibles.

Subtitle C--Other Matters

Sec. 721. Pharmacy benefits program.
Sec. 722. Improvements to third-party payer collection program.
Sec. 723. Authority of Armed Forces medical examiner to conduct
forensic pathology investigations.
Sec. 724. Trauma training center.
Sec. 725. Study on joint operations for the Defense Health Program.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Sec. 801. Sale, exchange, and waiver authority for coal and coke.
Sec. 802. Extension of authority to issue solicitations for purchases
of commercial items in excess of simplified acquisition
threshold.
Sec. 803. Expansion of applicability of requirement to make certain
procurements from small arms production industrial base.
Sec. 804. Repeal of termination of provision of credit towards
subcontracting goals for purchases benefiting severely
handicapped persons.
Sec. 805. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 806. Facilitation of national missile defense system.
Sec. 807. Options for accelerated acquisition of precision munitions.
Sec. 808. Program to increase opportunity for small business innovation
in defense acquisition programs.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

[[Page 12157]]

Sec. 902. Responsibility for logistics and sustainment functions of the
Department of Defense.
Sec. 903. Management headquarters and headquarters support activities.
Sec. 904. Further reductions in defense acquisition and support
workforce.
Sec. 905. Center for the Study of Chinese Military Affairs.
Sec. 906. Responsibility within Office of the Secretary of Defense for
monitoring OPTEMPO and PERSTEMPO.
Sec. 907. Report on military space issues.
Sec. 908. Employment and compensation of civilian faculty members of
Department of Defense African Center for Strategic
Studies.
Sec. 909. Additional matters for annual report on joint warfighting
experimentation.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of prior emergency military personnel
appropriations.
Sec. 1004. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1005. Consolidation of various Department of the Navy trust and
gift funds.
Sec. 1006. Budgeting for operations in Yugoslavia.

Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Revision to congressional notice-and-wait period required
before transfer of a vessel stricken from the Naval
Vessel Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of
Defense.
Sec. 1015. Authority to provide advance payments for the National
Defense Features program.

Subtitle C--Matters Relating to Counter Drug Activities

Sec. 1021. Support for detection and monitoring activities in the
eastern Pacific Ocean.
Sec. 1022. Condition on development of forward operating locations for
United States Southern Command counter-drug detection and
monitoring flights.
Sec. 1023. United States military activities in Colombia.

Subtitle D--Other Matters

Sec. 1031. Identification in budget materials of amounts for
declassification activities and limitation on
expenditures for such activities.
Sec. 1032. Notice to congressional committees of compromise of
classified information within defense programs of the
United States.
Sec. 1033. Revision to limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1034. Annual report by Chairman of Joint Chiefs of Staff on the
risks in executing the missions called for under the
National Military Strategy.
Sec. 1035. Requirement to address unit operations tempo and personnel
tempo in Department of Defense annual report.
Sec. 1036. Preservation of certain defense reporting requirements.
Sec. 1037. Technical and clerical amendments.
Sec. 1038. Contributions for Spirit of Hope endowment fund of United
Service Organizations, Incorporated.
Sec. 1039. Chemical defense training facility.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Sec. 1101. Increase of pay cap for nonappropriated fund senior
executive employees.
Sec. 1102. Restoration of leave for certain Department of Defense
employees who deploy to a combat zone outside the United
States.
Sec. 1103. Expansion of Guard-and-Reserve purposes for which leave
under section 6323 of title 5, United States Code, may be
used.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Report on strategic stability under START III.
Sec. 1202. One-year extension of counterproliferation authorities for
support of United Nations weapons inspection regime in
Iraq.
Sec. 1203. Military-to-military contacts with Chinese People's
Liberation Army.
Sec. 1204. Report on allied capabilities to contribute to major theater
wars.
Sec. 1205. Limitation on funds for Bosnia peacekeeping operations for
fiscal year 2000.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds for biological weapons
proliferation prevention activities.
Sec. 1307. Limitation on use of funds until submission of report and
multiyear plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization to accept electrical substation improvements,
Guam.
Sec. 2206. Correction in authorized use of funds, Marine Corps Combat
Development Command, Quantico, Virginia.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Increase in fiscal year 1997 authorization for military
construction projects at Pueblo Chemical Activity,
Colorado.
Sec. 2407. Condition on obligation of military construction funds for
drug interdiction and counter-drug activities.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Contributions for North Atlantic Treaty Organizations
Security Investment.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Restriction on authority to acquire or construct ancillary
supporting facilities for housing units.
Sec. 2804. Planning and design for military construction projects for
reserve components.
Sec. 2805. Limitations on authority to carry out small projects for
acquisition of facilities for reserve components.
Sec. 2806. Expansion of entities eligible to participate in alternative
authority for acquisition and improvement of military
housing.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Extension of authority for lease of land for special
operations activities.
Sec. 2812. Utility privatization authority.
Sec. 2813. Acceptance of funds to cover administrative expenses
relating to certain real property transactions.
Sec. 2814. Study and report on impacts to military readiness of
proposed land management changes on public lands in Utah.

[[Page 12158]]

Subtitle C--Defense Base Closure and Realignment

Sec. 2821. Continuation of authority to use Department of Defense Base
Closure Account 1990 for activities required to close or
realign military installations.

Subtitle D--Land Conveyances

Part I--Army Conveyances

Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2832. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2833. Land conveyance, Fort Des Moines, Iowa.
Sec. 2834. Land conveyance, Army Maintenance Support Activity (Marine)
Number 84, Marcus Hook, Pennsylvania.
Sec. 2835. Land conveyances, Army docks and related property, Alaska.
Sec. 2836. Land conveyance, Fort Huachuca, Arizona.
Sec. 2837. Land conveyance, Army Reserve Center, Cannon Falls,
Minnesota.
Sec. 2838. Land conveyance, Nike Battery 80 family housing site, East
Hanover Township, New Jersey.
Sec. 2839. Land exchange, Rock Island Arsenal, Illinois.
Sec. 2840. Modification of land conveyance, Joliet Army Ammunition
Plant, Illinois.
Sec. 2841. Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota.

Part II--Navy Conveyances

Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Sec. 2852. Land conveyance, Naval and Marine Corps Reserve Center,
Orange, Texas.
Sec. 2853. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.

Part III--Air Force Conveyances

Sec. 2861. Conveyance of fuel supply line, Pease Air Force Base, New
Hampshire.
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.
Sec. 2863. Land conveyance, Port of Anchorage, Alaska.
Sec. 2864. Land conveyance, Forestport Test Annex, New York.

Subtitle E--Other Matters

Sec. 2871. Expansion of Arlington National Cemetery.

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.

Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.

Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Limitation on use at Department of Energy laboratories of
funds appropriated for the initiatives for proliferation
prevention program.
Sec. 3132. Prohibition on use for payment of Russian Government taxes
and customs duties of funds appropriated for the
initiatives for proliferation prevention program.
Sec. 3133. Modification of laboratory-directed research and development
to provide funds for theater ballistic missile defense.
Sec. 3134. Support of theater ballistic missile defense activities of
the Department of Defense.

Subtitle D--Commission on Nuclear Weapons Management

Sec. 3151. Establishment of commission.
Sec. 3152. Duties of commission.
Sec. 3153. Reports.
Sec. 3154. Powers.
Sec. 3155. Commission procedures.
Sec. 3156. Personnel matters.
Sec. 3157. Miscellaneous administrative provisions.
Sec. 3158. Funding.
Sec. 3159. Termination of the commission.

Subtitle E--Other Matters

Sec. 3161. Procedures for meeting tritium production requirements.
Sec. 3162. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3163. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3164. Department of Energy records declassification.
Sec. 3165. Management of nuclear weapons production facilities and
national laboratories.
Sec. 3166. Notice to congressional committees of compromise of
classified information within nuclear energy defense
programs.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Elimination of congressionally imposed disposal restrictions
on specific stockpile materials.

TITLE XXXIV--MARITIME ADMINISTRATION

Sec. 3401. Short title.
Sec. 3402. Authorization of appropriations for fiscal year 2000.
Sec. 3403. Amendments to title XI of the Merchant Marine Act, 1936.
Sec. 3404. Extension of war risk insurance authority.
Sec. 3405. Ownership of the JEREMIAH O'BRIEN.

TITLE XXXV--PANAMA CANAL COMMISSION

Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Office of Transition Administration.

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.

Funds are hereby authorized to be appropriated for fiscal
year 2000 for procurement for the Army as follows:
(1) For aircraft, $1,415,211,000.
(2) For missiles, $1,415,959,000.
(3) For weapons and tracked combat vehicles,
$1,575,096,000.
(4) For ammunition, $1,196,216,000.
(5) For other procurement, $3,799,895,000.

SEC. 102. 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, $8,804,051,000.
(2) For weapons, including missiles and torpedoes,
$1,764,655,000.
(3) For shipbuilding and conversion, $6,687,172,000.
(4) For other procurement, $4,260,444,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2000 for procurement for the
Marine Corps in the amount of 1,297,463,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for procurement of ammunition
for the Navy and the Marine Corps in the amount of
$612,900,000.

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, $9,647,651,000.
(2) For missiles, $2,303,661,000.
(3) For ammunition, $560,537,000.
(4) For other procurement, $7,077,762,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal
year 2000 for Defense-wide procurement in the amount of
$2,107,839,000.

SEC. 105. RESERVE COMPONENTS.

Funds are hereby authorized to be appropriated for fiscal
year 2000 for procurement of aircraft, vehicles,
communications equipment, 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.
(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,00.
(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 $1,012,000,000 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.

[[Page 12159]]

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.

SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.

Funds are hereby authorized to be appropriated for fiscal
year 2000 for the Department of Defense for carrying out the
Defense Export Loan Guarantee Program under section 2540 of
title 10, United States Code, in the total amount of
$1,250,000.

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.

(a) Multiyear Procurement Authority.--Subject to subsection
(b), the Secretary of the Army 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 for each of the following
programs.
(1) The Javelin missile system.
(2) M2A3 Bradley fighting vehicles.
(3) AH-64D Longbow Apache attack helicopters.
(4) The M1A2 Abrams main battle tank upgrade program
combined with the Heavy Assault Bridge program.
(b) Required Report.--The Secretary of the Army may not
enter into a multiyear contract under subsection (a) for a
program named in one of the paragraphs of that subsection
until the Secretary of Defense submits to the congressional
defense committees a report with respect to that contract
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:
(1) The amount of total obligational authority under the
contract and the percentage that such amount represents of
(A) the applicable procurement account, and (B) the service
procurement total.
(2) The amount of total obligational authority under all
Army multiyear procurements (determined without regard to the
amount of the multiyear contract) under multiyear contracts
in effect immediately before the contract under subsection
(a) is entered into and the percentage that such amount
represents of (A) the applicable procurement account, and (B)
the service procurement total.
(3) The amount equal to the sum of the amounts under
paragraphs (1) and (2) and the percentage that such amount
represents of (A) the applicable procurement account, and (B)
the service procurement total.
(4) The amount of total obligational authority under all
Department of Defense multiyear procurements (determined
without regard to the amount of the multiyear contract),
including the contract under subsection (a) and each
additional multiyear contract authorized by this Act, and the
percentage that such amount represents of the procurement
accounts of the Department of Defense treated in the
aggregate.
(5) For purposes of this subsection:
(A) The term ``applicable procurement account'' means, with
respect to the multiyear contract under subsection (a), the
Department of the Army procurement account from which funds
to discharge obligations under the contract will be provided.
(B) The term ``service procurement total'' means, with
respect to the multiyear contract under subsection (a), the
procurement accounts of the Army treated in the aggregate.

SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED
ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES WITHOUT REGARD TO
AVAILABILITY FROM DOMESTIC SOURCES.

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 ``fiscal years 1998 and
1999'' and inserting ``fiscal years 1998 through 2001'';
(2) in subsection (b), by striking ``fiscal year 1998 or
1999'' and inserting ``the period during which the pilot
program is being conducted''; and
(3) by adding at the end the following new subsection:
``(d) Update of Report.--Not later 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 program.''.

SEC. 113. REVISION TO CONDITIONS FOR AWARD OF A SECOND-SOURCE
PROCUREMENT CONTRACT FOR THE FAMILY OF MEDIUM
TACTICAL VEHICLES.

The text of section 112 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 1973) is amended to read as follows:
``(a) Limitation on Second-Source Award.--The Secretary of
the Army may award a full-rate production contract (known as
a Phase III contract) for production of the Family of Medium
Tactical Vehicles to a second source only after the Secretary
submits to the congressional defense committees a
certification in writing of the following:
``(1) That the total quantity of trucks within the Family
of Medium Tactical Vehicles program that the Secretary will
require to be delivered (under all contracts) in any 12-month
period will be sufficient to enable the prime contractor to
maintain a minimum production level of 150 trucks per month.
``(2) That the total cost to the Army of the procurements
under the prime and second-source contracts over the period
of those contracts will be the same as or lower than the
amount that would be the total cost of the procurements if
such a second-source contract were not awarded.
``(3) That the trucks to be produced under those contracts
will be produced with common components that will be
interchangeable among similarly configured models.
``(b) Definitions.--In this section:
``(1) The term `prime contractor' means the contractor
under the production contract for the Family of Medium
Tactical Vehicles program as of the date of the enactment of
this Act.
``(2) The term `second source' means a firm other than the
prime contractor.''.

Subtitle C--Navy Programs

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

(a) Multiyear Procurement Authority.--Subject to subsection
(b) and (c), 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 for the F/A-
18E/F aircraft program.
(b) Required Report.--The Secretary of the Navy may not
enter into a multiyear contract under subsection (a) until
the Secretary of Defense submits to the congressional defense
committees a report with respect to that contract 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:
(1) The amount of total obligational authority under the
contract and the percentage that such amount represents of
(A) the applicable procurement account, and (B) the service
procurement total.
(2) The amount of total obligational authority under all
Navy multiyear procurements (determined without regard to the
amount of the multiyear contract) under multiyear contracts
in effect immediately before the contract under subsection
(a) is entered into and the percentage that such amount
represents of (A) the applicable procurement account, and (B)
the service procurement total.
(3) The amount equal to the sum of the amounts under
paragraphs (1) and (2) and the percentage that such amount
represents of (A) the applicable procurement account, and (B)
the service procurement total.
(4) The amount of total obligational authority under all
Department of Defense multiyear procurements (determined
without regard to the amount of the multiyear contract),
including the contract under subsection (a) and each
additional multiyear contract authorized by this Act, and the
percentage that such amount represents of the procurement
accounts of the Department of Defense treated in the
aggregate.
(5) For purposes of this subsection:
(A) The term ``applicable procurement account'' means, with
respect to the multiyear contract under subsection (a), the
Aircraft Procurement, Navy account.
(B) The term ``service procurement total'' means, with
respect to the multiyear contract under subsection (a), the
procurement accounts of the Navy treated in the aggregate.
(c) Limitation With Respect To Operational Test and
Evaluation.--The Secretary of the Navy may not enter into a
multiyear procurement contract authorized by subsection (a)
until--
(1) the Secretary of Defense submits to the congressional
defense committees a certification described in subsection
(c); and
(2) a period of 30 continuous days of a Congress (as
determined under subsection (d)) elapses after the submission
of that certification.
(d) Required Certification.--A certification referred to in
subsection (c)(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 meets the requirements for
operational effectiveness and suitability established by the
Secretary of the Navy; and
(B) that the aircraft meets key performance specifications
established by the Secretary of the Navy.
(2) That the cost of procurement of that aircraft using a
multiyear procurement contract as authorized by subsection
(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.
(e) Continuity of Congress.--For purposes of subsection
(c)(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.

Subtitle D--Chemical Stockpile Destruction Program

SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL
CHEMICAL AGENTS AND MUNITIONS.

(a) Program Assessment.--(1) The Secretary of Defense shall
conduct an assessment of the

[[Page 12160]]

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 obligations
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 environment.
(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 to Congress a report on--
(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.--Section
1412 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 50 U.S.C. 1521) is amended--
(1) in subsection (c)--
(A) by striking paragraph (2) and inserting the following
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 and 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 paragraphs
(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)''.
(c) 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 Their
Destruction, ratified by the United States on April 25, 1997,
and entered into force on April 29, 1997.

SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF
ASSEMBLED CHEMICAL WEAPONS.

Section 142(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
50 U.S.C. 1521 note) is amended to read as follows:
``(a) Program Management.--(1) The program manager for the
Assembled Chemical Weapons Assessment program shall manage
the development and testing of technologies for the
destruction of lethal chemical munitions that are potential
or demonstrated alternatives to the baseline incineration
program.
``(2) The Under Secretary of Defense for Acquisition and
Technology and the Secretary of the Army shall jointly submit
to Congress, not later than December 1, 1999, a plan for the
transfer of oversight of the Assembled Chemical Weapons
Assessment program from the Under Secretary to the Secretary.
``(3) Oversight of the Assembled Chemical Weapons
Assessment program shall be transferred from the Under
Secretary of Defense for Acquisition and Technology to the
Secretary of the Army pursuant to the plan submitted under
paragraph (2) not later than 90 days after the date of the
submission of the notice required under section 152(f)(2) of
the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 50 U.S.C. 1521).
``(4) The Under Secretary of Defense for Acquisition and
Technology and the Secretary of the Army shall ensure
coordination of the activities and plans of the program
manager for the Assembled Chemical Weapons Assessment program
and the program manager for Chemical Demilitarization during
the demonstration and pilot plant facility phase for an
alternative technology.
``(5) For those baseline demilitarization facilities for
which the Secretary decides that implementation of an
alternative technology may be recommended, the Secretary may
take those measures necessary to facilitate the integration
of the alternative technology.''.

Subtitle E--Other Matters

SEC. 151. LIMITATION ON EXPENDITURES FOR SATELLITE
COMMUNICATIONS.

(a) In General.--Chapter 136 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2282. Purchase or lease of communications services:
limitation

``The Secretary of Defense may not obligate any funds after
September 30, 2000, to buy a commercial satellite
communications system or to lease a communications service,
including mobile satellite communications, unless the
Secretary determines that the system or service to be
purchased or leased has been proven through independent
testing--
``(1) not to cause harmful interference to, or to disrupt
the use of, colocated commercial or military Global
Positioning System receivers used by the Department of
Defense; and
``(2) to be safe for use with such receivers in all other
respects.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2282. Purchase or lease of communications services: limitation.''.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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, development, test, and evaluation as follows:
(1) For the Army, $4,708,194,000.
(2) For the Navy, $8,358,529,000.
(3) For the Air Force, $13,212,671,000.
(4) For Defense-wide activities, $9,556,285,000, 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
Operational Test and Evaluation.

SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

(a) Fiscal Year 2000.--Of the amounts authorized to be
appropriated by section 201, $4,248,465,000 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.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. COLLABORATIVE PROGRAM TO EVALUATE AND DEMONSTRATE
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)
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 M1 series of tanks in terms of capability for
combat, survival, support, and deployment, including but not
limited to the following 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 interfaces,
and embedded training.
(F) Advanced sensory systems and advanced systems for
combat identification, tactical navigation, communication,
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
demonstration 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
of the Army and the Director of the Defense Advanced Research
Projects Agency shall submit to the congressional defense
committees 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 that would sustain the existing force of M1-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,

[[Page 12161]]

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 M1-
series tanks and, for each such alternative 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).

SEC. 212. REVISIONS IN MANUFACTURING TECHNOLOGY PROGRAM.

(a) Additional Purpose of Program.--Subsection (b) of
section 2525 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) to address broad defense-related manufacturing
inefficiencies and requirements;''.
(b) Repeal of Cost-Share Goal.--Subsection (d) of such
section is amended by striking paragraph (3).

Subtitle C--Ballistic Missile Defense

SEC. 231. ADDITIONAL PROGRAM ELEMENTS FOR BALLISTIC MISSILE
DEFENSE PROGRAMS.

Section 223(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (5) through (12) as
paragraphs (6) through (13), respectively;
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Upper Tier.''; and
(3) by adding at the end the following new paragraphs:
``(14) Space Based Infrared System Low.
``(15) Space Based Infrared System High.''.

Subtitle D--Other Matters

SEC. 241. DESIGNATION OF SECRETARY OF THE ARMY AS EXECUTIVE
AGENT FOR HIGH ENERGY LASER TECHNOLOGIES.

(a) Designation.--The Secretary of Defense shall designate
the Secretary of the Army as the Department of Defense
executive agent for oversight of research, development, test,
and evaluation of specified high energy laser technologies.
(b) Location for Carrying Out Oversight Functions.--The
functions of the Secretary of the Army as such executive
agent shall be carried out through the Army Space and Missile
Defense Command at the High Energy Laser Systems Test
Facility at White Sands Missile Range, New Mexico.
(c) Functions.--The responsibilities of the Secretary of
the Army as such executive agent shall include the following:
(1) Developing policy and overseeing the establishment of,
and adherence to, procedures for ensuring that projects of
the Department of Defense involving specified high energy
laser technologies are initiated and administered
effectively.
(2) Assessing and making recommendations to the Secretary
of Defense regarding the capabilities demonstrated by
specified high energy laser technologies and the potential of
such technologies to meet operational military requirements.
(d) Specified High Energy Laser Technologies.--For purposes
of this section, the term ``specified high energy laser
technologies'' means technologies that--
(1) use lasers of one or more kilowatts; and
(2) have potential weapons applications.

TITLE III--OPERATION AND MAINTENANCE

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:
(1) For the Army, $19,476,694,000.
(2) For the Navy, $22,785,215,000.
(3) For the Marine Corps, $2,777,429,000.
(4) For the Air Force, $21,514,958,000.
(5) For Defense-wide activities, $10,968,614,000.
(6) For the Army Reserve, $1,512,513,000.
(7) For the Naval Reserve, $965,847,000.
(8) For the Marine Corps Reserve, $137,266,000.
(9) For the Air Force Reserve, $1,730,937,000.
(10) For the Army National Guard, $3,141,049,000.
(11) For the Air National Guard, $3,185,918,000.
(12) For the Defense Inspector General, $130,744,000.
(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, $199,214,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $811,700,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(22) For Defense Health Program, $10,496,687,000.
(23) For Cooperative Threat Reduction programs,
$444,100,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,387,600,000.
(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
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.

(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred 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.
(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
SUPPORT 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 Funds for the purpose of funding operations
of the Defense Commissary Agency.
(d) Air Force Operation and Maintenance Funds.--The
Secretary 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 Commissary 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.
(f) Relationship to Other Transfer Authority.--The
transfers required by this section are in addition to the
transfer authority provided in section 1001.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 311. REIMBURSEMENT OF NAVY EXCHANGE SERVICE COMMAND FOR
RELOCATION EXPENSES.

Of the amount authorized to be appropriated by section
301(5) for operation and maintenance for Defense-wide
activities, $8,700,000 shall be available to the Secretary of
Defense for the purpose of reimbursing the Navy Exchange
Service Command for costs incurred by the Navy Exchange
Service Command, and ultimately paid by the Navy Exchange
Service Command using nonappropriated funds, to relocate to
Virginia Beach, Virginia, and to lease headquarters space in
Virginia Beach.

Subtitle C--Environmental Provisions

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

(a) Use of Certain Contracts.--The Secretary of Defense
shall use Army Corps of Engineers indefinite delivery,
indefinite quantity contracts for the remediation of asbestos
and

[[Page 12162]]

lead-based paint at military installations within the United
States in accordance with all applicable Federal and State
laws and Department of Defense regulations.
(b) Waiver Authority.--The Secretary of Defense may waive
subsection (a) with regard to a military installation that
requires asbestos or lead-based paint remediation if the
military installation is not included in an Army Corps of
Engineers indefinite delivery, indefinite quantity contract.
The Secretary shall grant any such waiver on a case-by-case
basis.

Subtitle D--Performance of Functions by Private-Sector Sources

SEC. 331. EXPANSION OF ANNUAL REPORT ON CONTRACTING FOR
COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS.

Section 2461(g) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before the first sentence;
(2) in the second sentence, by striking ``The Secretary
shall'' and inserting the following:
``(3) The Secretary shall also''; and
(3) by inserting after the first sentence the following new
paragraph:
``(2) The Secretary shall include in each such report a
summary of the number of work year equivalents performed by
employees of private contractors in providing services to the
Department (including both direct and indirect labor
attributable to the provision of the services) and the total
value of the contracted services. The work year equivalents
and total value of the services shall be categorized by
Federal supply class or service code (using the first
character of the code), the appropriation from which the
services were funded, and the major organizational element of
the Department procuring the services.''.

SEC. 332. CONGRESSIONAL NOTIFICATION OF A-76 COST COMPARISON
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
to waive the cost comparison study otherwise required under
Office 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 adversely affected by the decision to waive the
cost comparison study and convert the commercial activity to
contractor performance.
``(B) An explanation of whether the contractor was
selected, or will be selected, on a competitive basis or sole
source basis.
``(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:

``Sec. 2467. Cost comparisons: inclusion of retirement costs;
consultation 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. 333. IMPROVED EVALUATION OF LOCAL ECONOMIC EFFECT OF
CHANGING DEFENSE FUNCTIONS TO PRIVATE SECTOR
PERFORMANCE.

Section 2461(b)(3)(B) of title 10, United States Code, is
amended by striking clause (ii) and inserting the following
new clause (ii):
``(ii) The local community and the local economy,
identifying and taking into consideration any unique
circumstances affecting the local community or the local
economy, if more than 50 employees of the Department of
Defense perform the function.''.

SEC. 334. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS 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 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 preceding 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
Department of Defense has complied with the requirements of
subsection (a) for the fiscal years covered by the report;
and
``(B) in the case of a report under paragraph (2), the
expenditure projections for future fiscal years are
reasonable.''.

SEC. 335. APPLICABILITY OF COMPETITION REQUIREMENT IN
CONTRACTING 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. 336. TREATMENT OF PUBLIC SECTOR WINNING BIDDERS FOR
CONTRACTS FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS FORMERLY
PERFORMED 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 different from the requirements used in the
performance and management of other depot-level maintenance
and repair workloads by the entity, unless specifically
provided in the solicitation for the contract.''.

SEC. 337. PROCESS FOR MODERNIZATION OF COMPUTER SYSTEMS AT
ARMY COMPUTER CENTERS.

(a) Covered Army Computer Centers.--This section applies
with respect to the following computer centers of the of the
Army Communications Electronics Command of the Army Material
Command:
(1) Logistics Systems Support Center in St. Louis,
Missouri.
(2) Industrial Logistics System Center in Chambersburg,
Pennsylvania.
(b) Development of Most Efficient Organization.--Before
selecting any entity to develop and implement a new computer
system for the Army Material Command to perform the functions
currently performed by the Army computer centers specified in
subsection (a), the Secretary of the Army shall provide the
computer centers with an opportunity to establish their most
efficient organization. The most efficient organization shall
be in place not later than May 31, 2001.
(c) Modernization Process.--After the most efficient
organization is in place at the Army computer centers
specified in subsection (a), civilian employees of the
Department of Defense at these centers shall work in
partnership with the entity selected to develop and implement
a new computer system to perform the functions currently
performed by these centers to--
(1) ensure that the current computer system remains
operational to meet the needs of the Army Material Command
until the replacement computer system is fully operational
and successfully evaluated; and
(2) to provide transition assistance to the entity for the
duration of the transition from the current computer system
to the replacement computer system.

SEC. 338. EVALUATION OF TOTAL SYSTEM PERFORMANCE
RESPONSIBILITY PROGRAM.

(a) Report Required.--Not later than February 1, 2000, the
Secretary of the Air Force shall submit to Congress a report
identifying all Air Force programs that--
(1) are currently managed under the Total System
Performance Responsibility Program or similar programs; or
(2) are presently planned to be managed using the Total
System Performance Responsibility Program or a similar
program.
(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
readiness and warfighting capability of the Armed Forces and
complement the support of the logistics depots.
(2) The effect of the Total System Performance
Responsibility Program and similar programs on the long-term
viability of core Government logistics management skills.
(3) The process and criteria used by the Air Force to
determine whether or not Government employees can perform
sustainment management functions more cost effectively than
the private sector.
(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. 339. IDENTIFICATION OF CORE LOGISTICS CAPABILITY
REQUIREMENTS FOR MAINTENANCE AND REPAIR OF C-17
AIRCRAFT.

(a) Identification Report Required.--Building upon the plan
required by section 351 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law

[[Page 12163]]

105-261), the Secretary of the Air Force shall submit to
Congress a report identifying the core logistics capability
requirements for depot-level maintenance and repair for the
C-17 aircraft. To identify such requirements, the Secretary
shall comply with section 2464 of title 10, United States
Code. The Secretary shall submit the report to Congress not
later than February 1, 2000.
(b) Effect on Existing Contract.--After February 1, 2000,
the Secretary of the Air Force may not extend the Interim
Contract for the C-17 Flexible Sustainment Program before the
end of the 60-day period beginning on the date on which the
report required by subsection (a) is received by Congress.
(c) Comptroller General Review.--During the period
specified in subsection (b), the Comptroller General shall
review the report submitted under subsection (a) and submit
to Congress a report evaluating the following:
(1) The merits of the report submitted under subsection
(a).
(2) The extent to which the Air Force is relying on systems
for core logistics capability where the workload of
Government-owned and Government-operated depots is phasing
down because the systems are phasing out of the inventory.
(3) The cost effectiveness of the C-17 Flexible Sustainment
Program--
(A) by identifying depot maintenance and materiel costs for
contractor support; and
(B) by comparing those costs to the costs originally
estimated by the Air Force and to the cost of similar work in
an Air Force Logistics Center.

Subtitle E--Defense Dependents Education

SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.

(a) Modified Department of Defense Program for Fiscal Year
2000.--Of the amount authorized to be appropriated by section
301(5) for operation and maintenance for Defense-wide
activities, $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 of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2000 of--
(1) that agency's eligibility for educational agencies
assistance; 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).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(e) Determination of Eligible Local Educational Agencies.--
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. 342. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
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) A dependent of a member of the armed forces or a
dependent of a Federal employee may continue enrollment in an
educational program provided by the Secretary of Defense
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) A dependent of a member of the armed forces, or a
dependent of a Federal employee, who was enrolled in an
educational program provided by the Secretary pursuant to
subsection (a) while a junior in that program may be enrolled
as a senior in that program in the next school year,
notwithstanding a change in the enrollment eligibility status
of the dependent that, except for this paragraph, would
otherwise terminate the eligibility of the dependent to be
enrolled in the program.
``(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. 343. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS'
EDUCATION 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:

``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
civilian 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 designated
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 Dependents'
Education'' and inserting ``Whenever the Department 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' education
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 comprehensive'' and
inserting ``Implementation.--In carrying out paragraph (2),
the Secretary shall have in effect a comprehensive'';
(ii) by striking the semicolon after ``such individuals''
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--
(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 subsection''
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 after 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
Department of Defense Education Activity.''.

Subtitle F--Military Readiness Issues

SEC. 351. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE
SECONDARY 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 inventory
shortages adversely affecting readiness.
(b) Performance by Independent Entity.--To conduct the
study under this section, the Secretary of Defense shall
select a private sector entity or other entity outside the
Department of Defense that has experience in parts and
secondary inventory management.
(c) Matters To Be Included in Study.--The Secretary of
Defense shall require the entity

[[Page 12164]]

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.
(2) How much of the retained secondary inventory currently
held by the Department could be declared to be excess.
(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
calculation models.
(d) Timetable for Elimination of Excess Inventory.--As part
of the consideration of alternative methods to dispose of
excess secondary inventory, as required by subsection (c)(3),
the entity conducting the study under this section shall
prepare a timetable for disposal of the excess inventory over
a period of time not to exceed three years.
(e) Report on Results of Study.--The Secretary of Defense
shall require the entity conducting the study under this
section to submit to the Secretary and to the Comptroller
General a report containing the results of the study,
including the entity's findings and conclusions concerning
each of the matters specified in subsection (c), and the
disposal timetable required by subsection (d). The entity
shall submit the report at such time as to permit the
Secretary to comply with subsection (f).
(f) Review and Comments of the Secretary of Defense.--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 and excessive
inactive inventory and part shortages and a timetable to
implement the plan throughout the Department.
(g) GAO Evaluation.--Not later than 180 days after the
Secretary of Defense submits to Congress the report under
subsection (f), the Comptroller General shall submit to
Congress an evaluation of the report submitted by the
independent entity under subsection (e) and the report
submitted by the Secretary under subsection (f).

SEC. 352. INDEPENDENT STUDY OF ADEQUACY OF DEPARTMENT
RESTRUCTURED SUSTAINMENT AND REENGINEERED
LOGISTICS PRODUCT SUPPORT PRACTICES.

(a) Independent Study Required.--In accordance with this
section, the Secretary of Defense shall provide for an
independent 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) Performance by Independent Entity.--The Secretary of
Defense shall select an experienced private sector entity or
other entity outside the Department of Defense to conduct the
study under this section.
(c) Matters To Be Included in Study.--The Secretary of
Defense shall require the entity conducting the study under
this section to specifically evaluate (and recommend
improvements in) the following:
(1) The 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
technology 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.
(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 and to the Comptroller
General a report containing the results of the study,
including the entity's findings, conclusions, and
recommendations 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).
(e) Review and Comments of the Secretary of Defense.--Not
later than March 1, 2000, the Secretary of Defense shall
submit to Congress a report containing the report submitted
under subsection (d), together with the Secretary's comments
and recommendations regarding the report.
(f) GAO Evaluation.--Not later than 180 days after the
Secretary of Defense submits to Congress the report under
subsection (e), the Comptroller General shall submit to
Congress an evaluation of the report submitted by the
independent entity under subsection (d) and the report
submitted by the Secretary under subsection (e).

SEC. 353. 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 provided in section 117 of
title 10, United States Code (as added by section 373 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 1990).
(2) The Secretary shall provide for the study to be
conducted by the Rand Corporation. 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
carrying out the study.
(b) Matters To Be Included in Study.--The Secretary shall
require that the organization conducting the study under this
section specifically consider the requirements for providing
an objective, accurate, and timely readiness reporting system
for the Department of Defense meeting the characteristics and
having the capabilities established in section 373 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999.
(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 subsection (b).
(2) The Secretary shall submit the report under paragraph
(1), together with the Secretary's comments on the report, to
Congress not later than April 1, 2000.

SEC. 354. REVIEW OF REAL PROPERTY MAINTENANCE AND ITS EFFECT
ON READINESS.

(a) Review Required.--The Secretary of Defense shall
conduct a review of the impact that the consistent lack of
adequate funding 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) Matters To Be Included in Review.--In conducting the
review under this section, the Secretary of Defense 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) Participation of Independent Entity.--(1) As part of
the review conducted under this section, Secretary of Defense
shall select an independent entity--
(A) to review the method of command and management of
military installations for the Army, Navy, Marine Corps, and
Air Force;
(B) to develop, based on such review, a service-specific
plan for the optimum command structure for military
installations, to have major command status, which is
designed to enhance the development of installations
doctrine, privatization and outsourcing, commercial
activities, environmental compliance programs, installation
restoration, and military construction; and
(C) to recommend a timetable for the implementation of the
plan for each service.
(2) The Secretary of Defense shall select an experienced
private sector entity or other entity outside the Department
of Defense to carry out this subsection.
(d) Report Required.--Not later than March 1, 2000, the
Secretary of Defense shall submit to Congress a report
containing the results of the review required under this
section and the plan for an optimum command structure
required by subsection (c), together with the Secretary's
comments and recommendations regarding the plan.

SEC. 355. ESTABLISHMENT OF LOGISTICS STANDARDS FOR SUSTAINED
MILITARY OPERATIONS.

(a) Establishment of Standards.--The Secretary of Defense,
in consultation with senior military commanders and the
Secretaries of the military departments, shall establish
standards for deployable units of the Armed Forces
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
under subsection (a) shall be based upon the following:
(1) The unit's wartime mission, as reflected in the war-
fighting plans 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
capabilities.

[[Page 12165]]

(c) Sufficiency Capabilities.--The standards to be
established under subsection (a) shall reflect those spare
parts and similar logistics capabilities that the Secretary
of Defense considers sufficient for units of the Armed Forces
to successfully execute their missions under the conditions
described in subsection (b).
(d) Relation to Readiness Reporting System.--The standards
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 readiness 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 Department 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 G--Other Matters

SEC. 361. DISCRETIONARY AUTHORITY TO INSTALL
TELECOMMUNICATION EQUIPMENT FOR PERSONS
PERFORMING VOLUNTARY SERVICES.

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
concerned may install telephone lines and any necessary
telecommunication equipment in the private residences of
designated persons providing voluntary services accepted
under subsection (a)(3) and pay the charges incurred for the
use of the equipment for authorized purposes.
``(2) Notwithstanding section 1348 of title 31, the
Secretary concerned may use appropriated 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, to carry
out this subsection.
``(3) The Secretary of Defense and, with respect to the
Coast Guard, the Secretary of the department in which the
Coast Guard is operating, shall prescribe regulations to
carry out this subsection.''.

SEC. 362. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAPITAL
FUNDED INDUSTRIAL FACILITIES.

Section 2208(j) of title 10, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking ``or
remanufacturing'' and inserting ``, remanufacturing, and
engineering'';
(2) in paragraph (1), by inserting ``or a subcontract under
a Department of Defense contract'' before the semicolon; and
(3) in paragraph (2), by striking ``Department of Defense
solicitation for such contract'' and inserting ``solicitation
for the contract or subcontract''.

SEC. 363. CLARIFICATION OF CONDITION ON SALE OF ARTICLES AND
SERVICES OF INDUSTRIAL FACILITIES TO PERSONS
OUTSIDE DEPARTMENT OF DEFENSE.

Section 2553(g) 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
paragraph:
``(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 unavailable from a commercial
source in the required quantity and quality, within the time
required, or at prices less than the price available through
an industrial facility of the armed forces.''.

SEC. 364. SPECIAL AUTHORITY OF DISBURSING OFFICIALS REGARDING
AUTOMATED TELLER MACHINES ON NAVAL VESSELS.

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 of the Navy, the authority of a disbursing official
of the United States Government under subsection (a) also
includes the following:
``(1) The authority to provide operating funds to the
automated teller machines.
``(2) The authority to accept, for safekeeping, deposits
and transfers of funds made through the automated teller
machines.''.

SEC. 365. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT
UNITED STATES SOLDIERS' AND AIRMEN'S HOME,
DISTRICT 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 subtitle A the following new section:

``SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS
AT UNITED STATES SOLDIERS' AND AIRMEN'S HOME

``(a) Historic Nature of Facility.--Congress finds the
following:
``(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
maintain 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 historic buildings and grounds of the
United States Soldiers' and Airmen's Home included on the
National Register of Historic Places.
``(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. 366. 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 Authorization Act for Fiscal Year 2000.''.
(c) Manner, Terms, and Conditions of Conveyance.--
Subsection (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 manner, 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. 367. 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
separate region; and
(2) Hawaii and Guam shall be considered international
destinations.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personel 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 (a)
shall take effect on October 1, 1999.

SEC. 403. APPOINTMENTS TO CERTAIN SENIOR JOINT OFFICER
POSITIONS.

(a) Permanent Exemption Authority.--Paragraph (5) of
section 525(b) of title 10, United States Code, is amended by
striking subparagraph (C).
(b) Permanent Requirement for Military Department
Submissions for Certain Joint 4-Star Duty Assignments.--
Section 604 of such title is amended by striking subsection
(c).
(c) Clarification of Certain Limitations on Number of
Active-Duty Generals and Admirals.--Paragraph (5) of section
525(b) of such

[[Page 12166]]

title is further 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, 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 Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(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--
(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 are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT 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, 22,563.
(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, 11,025.
(6) The Air Force Reserve, 1,078.

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 NUMBER OF ARMY AND AIR FORCE MEMBERS IN
CERTAIN GRADES AUTHORIZED TO SERVE 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:

------------------------------------------------------------------------
Air Marine
Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 843 140
Lieutenant Colonel or Commander..... 1,595 520 746 90
Colonel or Navy Captain............. 471 188 297 30''.
------------------------------------------------------------------------

(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:

------------------------------------------------------------------------
Air Marine
Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 645 202 403 20
E-8................................. 2,585 429 1,029 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
subsection (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
PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2000 a total of $72,115,367,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2000.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

SEC. 501. RECOMMENDATIONS FOR PROMOTION BY SELECTION BOARDS.

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 within a grade
(or grade and competitive category) is less than one, the
board may recommend one such officer from within that grade
(or grade and competitive category).''.

SEC. 502. TECHNICAL AMENDMENTS RELATING TO JOINT DUTY
ASSIGNMENTS.

(a) Joint Duty Assignments for General and Flag Officers.--
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 of 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 amended--
(1) by striking ``(1) Until January 1, 1997, an'' 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).

Subtitle B--Matters Relating to Reserve Components

SEC. 511. CONTINUATION 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:

``Sec. 14518. Continuation on reserve active status list to
complete disciplinary action

``When an action is commenced against a Reserve officer
with a view to trying the officer by court-martial, as
authorized by section 802(d) of this title, the Secretary
concerned may delay the separation or retirement of the
officer under this chapter until the completion of the
disciplinary action under chapter 47 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter 1407 is amended by adding at the
end the following new item:

``14518. Continuation on reserve active status list to complete
disciplinary action.''.

SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO
ACTIVE DUTY TO COMPLETE A MEDICAL EVALUATION.

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
Secretary of the military department concerned may order a
member of a reserve component to active duty, with the
consent of that member, to receive authorized medical care,
to be medically evaluated for disability or other purposes,
or 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 be retained with the member's consent, when the Secretary
concerned considers it appropriate, for medical treatment for
a condition associated with the study or evaluation, if that
treatment of the member otherwise is 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 not
be ordered to active duty under this subsection without the
consent of the Governor or other appropriate authority of the
State concerned.''.

SEC. 513. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION.

(a) Amendment.--Section 14301 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Officers on Educational Delay.--A Reserve officer who
is in an educational delay status for the purpose of
attending an approved institution of higher education for
advanced training, subsidized by the military department

[[Page 12167]]

concerned in the form of a scholarship or stipend, is
ineligible for consideration for promotion while in that
status. The officer shall remain on the Reserve active status
list while in such an educational delay status.''.
(b) Retroactive Effect.--The Secretary concerned, upon
application, shall expunge from the record of any officer a
nonselection for promotion if the nonselection occurred
during a period the officer was serving in an educational
delay status that occurred during the period beginning on
October 1, 1996, and ending on the date of the enactment of
this Act.

SEC. 514. RETENTION UNTIL COMPLETION OF 20 YEARS OF SERVICE
FOR RESERVE COMPONENT MAJORS AND LIEUTENANT
COMMANDERS WHO TWICE FAIL OF SELECTION FOR
PROMOTION.

Section 14506 of title 10, United States Code, is amended
by striking ``section 14513'' and all that follows and
inserting ``section 14513 of this title on the later of--
``(1) the first day of the month after the month in which
the officer completes 20 years of commissioned service; 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.''.

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--
``(1) service as a warrant officer;
``(2) constructive service; and
``(3) service after appointment as a commissioned officer
of a reserve component while in a program of advanced
education to obtain the first professional degree required
for appointment, designation, or assignment as an officer in
the Medical Corps, the Dental Corps, the Veterinary Corps,
the Medical Service Corps, the Nurse Corps, the Army Medical
Specialists Corps, or as an officer designated as a chaplain
or judge advocate, provided such service occurs before the
officer commences 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 member's service in a student status.''.

SEC. 516. AUTHORITY TO RETAIN 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 FOR RESERVES.

(a) Codification.--(1) Chapter 1209 of title 10, United
States Code, is amended by adding at the end the following
new section:

``Sec. 12323. Space-required travel for Reserves

``A member of a reserve component is authorized to travel
in a space-required status on aircraft of the armed forces
between home and place of inactive duty training, or place of
duty in lieu of unit training assembly, when there is no road
or railroad transportation (or combination of road and
railroad transportation) between those locations. A member
traveling in that status on a military aircraft pursuant to
the authority provided in this section is not authorized to
receive travel, 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:

``12323. Space-required travel for Reserves.''.

(b) Effective Date.--Section 12323 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 1999.

SEC. 518. FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED
MEMBERS OF THE MARINE CORPS RESERVE.

(a) In General.--Chapter 1205 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 12216. Financial assistance for members of the Marine
Corps platoon leader's class program

``(a) Program Authority.--The Secretary of the Navy may
provide payment of not more than $5,200 per year for a period
not to exceed three consecutive years of educational expenses
(including tuition, fees, books, and laboratory expenses) to
an eligible enlisted member of the Marine Corps Reserve for
completion of--
``(1) baccalaureate degree requirements in an approved
academic program that requires less than five academic years
to complete; or
``(2) doctor of jurisprudence or bachelor of laws degree
requirements in an approved academic program which requires
not more than three years to complete.
``(b) Eligible Reservists.--To be eligible for receipt of
educational expenses as authorized by subsection (a), an
enlisted member of the Marine Corps Reserve must--
``(1) either--
``(A) be under 27 years of age on June 30 of the calendar
year in which the member is eligible for appointment as a
second lieutenant in the Marine Corps for such persons in a
baccalaureate degree program described in subsection (a)(1),
except that any such member who has served on active duty in
the armed forces may exceed such age limitation on such date
by a period equal to the period such member served on active
duty, but only if such member will be under 30 years of age
on such date; or
``(B) be under 31 years of age on June 30 of the calendar
year in which the member is eligible for appointment as a
second lieutenant in the Marine Corps for such persons in a
doctor of jurisprudence or bachelor of laws degree program
described in subsection (a)(2), except that any such member
who has served on active duty in the armed forces may exceed
such age limitation on such date by a period equal to the
period such member served on active duty, but only if such
member will be under 35 years of age on such date;
``(2) be satisfactorily enrolled at any accredited civilian
educational institution authorized to grant baccalaureate,
doctor of jurisprudence or bachelor of law degrees;
``(3) be selected as an officer candidate in the Marine
Corps Platoon Leader's Class Program and successfully
complete one increment of military training of not less than
six weeks' duration; and
``(4) agree in writing--
``(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 a minimum of five years;
and
``(C) under such terms and conditions as shall be
prescribed by the Secretary of the Navy, to serve in the
Marine Corps Reserve until the eighth anniversary of the
receipt of such appointment.
``(c) Appointment.--Upon satisfactorily completing the
academic and military requirements of the Marine Corps
Platoon Leaders Class Program, an officer candidate may be
appointed by the President as a Reserve officer in the Marine
Corps in the grade of second lieutenant.
``(d) Limitation on Number.--Not more than 1,200 officer
candidates may participate in the financial assistance
program authorized by this section at any one time.
``(e) Remedial Authority of Secretary.--An officer
candidate may be ordered to active duty in the Marine Corps
by the Secretary of the Navy to serve in an appropriate
enlisted grade for such period of time as the Secretary
prescribes, but not for more than four years, when such
person--
``(1) accepted financial assistance under this section; and
``(2) either--
``(A) completes the military and academic requirements of
the Marine Corps Platoon Leaders Class Program and refuses to
accept a commission when offered;
``(B) fails to complete the military or academic
requirements of the Marine Corps Platoon Leaders Class
Program; or
``(C) is disenrolled from 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.
``(d) Persons Not Qualified for Appointment.--Except under
regulations prescribed by the Secretary of the Navy, a person
who is not physically qualified for appointment under section
532 of this title and subsequently is determined 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 may request
a waiver of obligated service of such financial
assistance.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``12216. Financial assistance for members of the Marine Corps platoon
leader's class program.''.

(c) Computation of Service Creditable.--Section 205 of
title 37, United States Code, is amended by adding at the end
the following new subsection:
``(f) Notwithstanding subsection (a), a commissioned
officer appointed under sections 12209 and 12216 of title 10
may not count in computing basic pay a period of service
after January 1, 2000, that the officer performed
concurrently 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 while serving as an enlisted member on active
duty or as a member of the Selected Reserve may be so
counted.''.
(d) Transition Provision.--An enlisted member of the Marine
Corps Reserve selected for training as officer candidates
under section 12209 of title 10, United States Code, before
October 1, 2000 may, upon submitting an appropriate
application, participate in the financial assistance program
established in subsection (a) if--
(1) the member is eligible for financial assistance under
the qualification requirements of subsection (a);
(2) the member submits to the Secretary of the Navy a
request for such financial assistance not later than 180 days
after the date of the enactment of this Act; and
(3) the member agrees in writing to accept an appointment,
if offered in the Marine Corps Reserve, and to comply with
the length of obligated service provisions in subsection
(a)(2)(D) of section 12216 of title 10, United States Code,
as added by subsection (a).

[[Page 12168]]

(e) Limitation on Crediting of Prior Service.--In computing
length of service for any purpose, a person who requests
financial assistance under subsection (d) may not be credited
with service either as an officer candidate or concurrent
enlisted service, other than concurrent enlisted service
while serving on active duty other than for training while a
member of the Marine Corps Reserve.

SEC. 519. 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 from the Army
Recruiting Command to a 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 submit to the Committee on Armed Services of the Senate
and the Committee on Armed Service 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.

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
``military 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 ``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:

``Sec. 10218. Army and Air Force Reserve Technicians:
conditions 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, subject to
subsection (e), 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.
``(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
subsection, to apply for any voluntary personnel action; and
``(ii) shall, subject to subsection (e), be separated or
retired--
``(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 technician and who on that date is eligible for an
unreduced annuity shall, subject to subsection (e), 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
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.
``(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
subsection, to apply for any voluntary personnel action; and
``(ii) shall, subject to subsection (e), be separated or
retired--
``(I) in the case of a technician first hired as a
technician 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
technician after February 10, 1996, and who on the date of
the enactment of this section is a non-dual status
technician, 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-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
section, 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,
promotion, or transfer of the technician into a position for
which the Secretary concerned has established a requirement
that the person occupying 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).
``(e) Annual Limitation on Mandatory Retirements.--Until
October 1, 2004, the Secretary of the Army and the Secretary
of the Air Force may not during any fiscal year approve a
total of more than 25 mandatory retirements under this
section. A technician who is subject to mandatory separation
under this section in any fiscal year and who, but for this
subsection, would be eligible to be retired with an unreduced
annuity shall, if not sooner separated under some other
provision of law, be eligible to be retained in service until
mandatorily retired consistent with the limitation in this
subsection.''.
(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; mandatory retirement under civil service
laws.''.
(3) During the six-month period beginning on the date of
the enactment of this Act, the provisions of subsections
(a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10218 of
title 10, United States Code, 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
technician 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--
(1) in paragraph (1)--

[[Page 12169]]

(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 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.''.
(c) 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.

SEC. 524. REVISION TO AUTHORITIES RELATING TO NATIONAL GUARD
TECHNICIANS.

Section 709 of title 32, United States Code, is amended to
read as follows:

``Sec. 709. Technicians: employment, use, status

``(a) Under regulations prescribed by the Secretary of the
Army 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 adjutants
general 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 under subsection (a) who is a
military 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 concerned
for that position shall be promptly separated from military
technician (dual status) employment by the adjutant general
of the jurisdiction concerned; and
``(B) fails to meet the military security standards
established 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) and
concurrently discharged from the National Guard by the
adjutant general of the jurisdiction concerned;
``(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
termination of his employment as a technician and, unless the
technician 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 employment.
``(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.''.

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
Authorization Act for Fiscal Year 1998 (Public 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.

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 Obligation 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:
(1) Accurately and fully 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
reductions, 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
containing 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.

[[Page 12170]]

Subtitle D--Service Academies

SEC. 531. WAIVER OF REIMBURSEMENT OF EXPENSES FOR INSTRUCTION
AT SERVICE ACADEMIES OF PERSONS FROM FOREIGN
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
apply with respect to students from a foreign country
entering the United States Military Academy, the United
States Naval Academy, or the United States Air Force Academy
on or after May 1, 1999.

SEC. 532. COMPLIANCE BY UNITED STATES MILITARY ACADEMY WITH
STATUTORY LIMIT ON SIZE OF CORPS OF CADETS.

(a) Compliance Required.--(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 2001-2001 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\1/2\ 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 the 2001-2002 academic year is the day
on which the class of 2002 graduates.
(b) Reenactment of Limitation.--
(1) Army.--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 under subsection (a),
the last day of an academic year is graduation day.''.
(2) Navy.--Section 6954 of such title is amended--
(A) by striking the matter preceding paragraph (1) and
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 under subsection (a),
the last day of an academic year is graduation day.''.
(3) Air force.--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 under subsection (a),
the last day of an academic year is graduation day.''.
(4) Conforming repeal.--Section 511 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 4342 note) is repealed.

SEC. 533. 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 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 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. EXCLUSION FROM CERTAIN GENERAL AND FLAG OFFICER
GRADE STRENGTH LIMITATIONS FOR THE
SUPERINTENDENTS OF THE SERVICE ACADEMIES.

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
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).''.

Subtitle E--Education and Training

SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE
INTERNATIONAL 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:

``Sec. 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 Department 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 program.''.
(b) Effective Date.--The Secretary of Defense shall
implement 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)(1) of
title 10, United States Code, is amended by striking the
second sentence.
(d) Fiscal Year 2000 Funding.--Of the amounts made
available 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 under 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:

[[Page 12171]]

Sec. 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
beginning 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 AWARD 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 recommendation of the faculty of the
appropriate school, the commander of the Air University may
confer--
``(1) the degree of master of strategic studies upon
graduates 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 Air power Studies who
fulfill the requirements for that degree.''.
(b) Clerical Amendments.--(1) The heading for that section
is amended to read:

``Sec. 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.''.

SEC. 544. CORRECTION OF RESERVE CREDIT FOR PARTICIPATION IN
HEALTH PROFESSIONAL SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.

Section 2126(b) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking ``only for'' and all that follows through
``Award of'' and inserting ``only for the award of''; and
(B) by striking subparagraph (B);
(2) in paragraph (3) by striking ``paragraph (2)(A), a
member'' and inserting ``paragraph (2), a member who
completes a satisfactory year of service in the Selected
Reserve'';
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following new
paragraph (5):
``(5) A member of the Selected Reserve who is awarded
points or service credit under this subsection shall not be
considered to have been in an active status, by reason of the
award of the points or credit, while pursuing a course of
study under this subchapter for purposes of any provision of
law other than sections 12732(a) and 12733(3) of this
title.''.

SEC. 545. PERMANENT EXPANSION OF ROTC PROGRAM TO INCLUDE
GRADUATE STUDENTS.

(a) Permanent Authority for the ROTC Graduate Program.--
Paragraph (2) of section 2107(c)(2) of title 10, United
States Code, is amended to read as follows:
``(2) The Secretary 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
midshipman in an advanced training program. Not more than 15
percent of the total number of scholarships awarded under
this section in any year may be awarded under the program.''.
(b) Authority To Enroll in Advanced Training Program.--
Section 2101(3) of title 10, United States Code, is amended
by inserting ``students enrolled in an advanced education
program beyond the baccalaureate degree level or to'' after
``instruction offered in the Senior Reserve Officers'
Training Corps to''.

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''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1999.

SEC. 547. CONTINGENT FUNDING INCREASE FOR JUNIOR ROTC
PROGRAM.

(a) In General.--(1) Chapter 102 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 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 $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 Code, as added by subsection (a), shall apply only
with respect 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:

``Sec. 16137. Biennial report to Congress

``The Secretary of Defense shall submit to Congress a
report 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.''.
(b) Clerical Amendment.--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:

``Sec. 983. Institutions of higher education that prevent
ROTC access or military recruiting on campus: denial of
grants and contracts from Department of Defense, Department
of Education, and certain other departments and agencies

``(a) Denial of Funds for Preventing ROTC Access to
Campus.--No funds described in subsection (d) may be provided
by contract or by grant (including a grant of funds to be
available for student aid) to a covered educational entity if
the Secretary of Defense determines that the covered
educational entity has a policy or practice (regardless of
when implemented) that either prohibits, or in effect
prevents--
``(1) the Secretary of a military department from
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 the
covered educational entity; or
``(2) a student at the covered educational entity from
enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
``(b) Denial of Funds for Preventing Military Recruiting on
Campus.--No funds described in subsection (d) may be provided
by contract or by grant (including a grant of funds to be
available for student aid) to a covered educational entity if
the Secretary of Defense determines that the covered
educational entity has a policy or practice (regardless of
when implemented) that either prohibits, or in effect
prevents--
``(1) the Secretary of a military department 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
the covered educational entity:
``(A) Names, addresses, and telephone listings.
``(B) Date and place of birth, levels of education,
academic majors, degrees received, and the most recent
educational institution enrolled in by the student.
``(c) Exceptions.--The limitation established in subsection
(a) or (b) shall not apply to a covered educational entity if
the Secretary of Defense determines that--
``(1) the covered educational entity has ceased the policy
or practice described in that subsection; or
``(2) the institution of higher education involved has a
longstanding policy of pacifism based on historical religious
affiliation.
``(d) Covered Funds.--The limitations established in
subsections (a) and (b) apply to the following:
``(1) Any funds made available for the Department of
Defense.
``(2) Any funds made available in a Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act.
``(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
eligibility of the covered educational entity for contracts
and grants.
``(f) Semiannual Notice in Federal Register.--The Secretary
of Defense shall publish in the Federal Register once every
six months a list of each covered educational entity that is
currently ineligible for contracts and grants by reason of a
determination of the Secretary under subsection (a) or (b).
``(g) Covered Educational Entity.--In this section, the
term `covered educational entity' means an institution of
higher education, or a subelement of an institution of higher
education.''.
(2) The item relating to section 983 in the table of
sections at the beginning of such chapter is amended to read
as follows:

[[Page 12172]]

``983. Institutions of higher education that prevent ROTC access or
military recruiting on campus: denial of grants and
contracts from Department of Defense, Department of
Education, and certain other departments and agencies.''.
(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 (Public 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
Appropriations 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).

Subtitle F--Decorations and Awards

SEC. 551. 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 of the military department concerned to be
warranted in accordance with section 1130 of title 10, United
States Code.
(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.

SEC. 552. 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 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 from 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 Raymond
Spruance and flagship for the Third Fleet under Admiral
William F. Halsey; and
(4) transported the world's first operational atomic bomb
from 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.--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
without regard to any provision of law or regulation
prescribing a time limitation that is otherwise applicable
with respect to recommendation for, or the award of, such a
citation.

Subtitle G--Other Matters

SEC. 561. REVISION IN AUTHORITY TO ORDER RETIRED MEMBERS TO
ACTIVE DUTY.

(a) Period of Recall Service for Retired Members Ordered To
Active Duty.--Section 688(e) of title 10, United States Code,
is amended by striking ``for more than 12 months within 24
months'' and inserting ``for more than 36 months within 48
months''.
(b) Limitation on Number.--Section 690(b)(1) of such title
is amended by striking ``Not more than 25 officers'' and
inserting ``In addition to the officers subject to subsection
(a), not more than 150 officers''.
(c) Exclusion From Limitation of Members of Retiree
Councils.--Section 690(b)(2) of such title is amended by
adding at the end the following new subparagraph:
``(D) Any officer assigned to duty as a member of the Army,
Navy, or Air Force Retiree Council for the period of active
duty to which ordered.''.
(d) Exclusion From Limitation of Officers Recalled for 60
Days or Less.--Section 690 of such title is further amended--
(1) by striking the second sentence of subsection (a);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Exclusion From Limitations of Officers Recalled for
60 Days or Less.--A retired officer ordered to active duty
for a period of 60 days or less shall not be counted for the
purposes of subsection (a) or (b).''.

SEC. 562. TEMPORARY AUTHORITY FOR RECALL OF RETIRED AVIATORS.

(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 an aviator to
fill staff positions normally filled by active duty aviators.
Any such recall may only be 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 term ``retired aviator recall period'' means the
period beginning on October 1, 1999, and ending on September
30, 2002.
(f) Report.--Not later than March 31, 2002, the Secretary
of Defense submit to the Committee on Armed Services of the
Senate and the Committee on Armed Service of the House of
Representatives a report on the use of the authority under
this section, together with the Secretary's recommendation
for extension of that authority.

SEC. 563. 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. 564. CONFORMING AMENDMENT TO AUTHORIZE RESERVE OFFICERS
AND RETIRED REGULAR OFFICERS TO HOLD A CIVIL
OFFICE WHILE SERVING ON ACTIVE DUTY FOR NOT
MORE THAN 270 DAYS.

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. 565. REVISION TO REQUIREMENT FOR HONOR GUARD DETAILS AT
FUNERALS OF VETERANS.

(a) Composition of Honor Guard Details.--Subsection (b) of
section 1491 of title 10, United States Code, is amended by
striking ``consists of'' and all that follows through the
period and inserting ``consists of not less than two persons,
who shall, at a minimum, perform a ceremony to fold and
present a United States flag to the deceased veteran's family
and who shall (unless a bugler is part of the detail) have
the capability to play a recorded version of Taps. At least
one member of an honor guard detail provided in response to a
request to the Department of Defense shall be a member of the
same armed force as the deceased veteran.''.
(b) Support for Nongovernmental Organizations.--Such
section is further amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Support for Nongovernmental Organizations.--The
Secretary of a military department may provide material,
equipment, and training to support nongovernmental
organizations, as necessary for the support of honor guard
activities.''.
(c) Implementing OSD Regulations.--Subsection (e) of such
section, as redesignated by subsection (b)(1), is amended by
striking the last two sentences and inserting the following:
``The Secretary shall require that procedures be established
by the Secretaries of the military departments for
coordinating and responding to requests for honor guard
details, for establishing standards and protocols for,
responding to requests for and conducting military funeral
honors, and for providing training and quality control.''.
(d) Waiver Authority.--Such section is further amended by
inserting after subsection (f), as redesignated by subsection
(b)(1), the following new subsection:
``(g) Waiver Authority.--(1) The Secretary of Defense may
waive any of the provisions of this section when the
Secretary determines that such a waiver is necessary because
of a contingency operation or when the Secretary otherwise
considers such a waiver to be necessary to meet military
requirements. The authority to make such a waiver may not be
delegated to any 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) Whenever a waiver is granted under paragraph (1), the
Secretary of Defense shall

[[Page 12173]]

promptly submit notice of the waiver to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.''.
(e) Coverage of Certain Reservists.--Such section is
further amended by striking the period at the end of
subsection (h), as redesignated by subsection (b)(1), and
inserting ``and includes a deceased 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 an honor guard
detail under section 1491 of this title.''.
(g) Effective Date.--(1) Section 1491 of title 10, United
States Code, as amended by this section, shall apply with
respect to funerals of veterans that occur after December 31,
1999.
(2) Subsection (a) of such section is amended by striking
``that occurs after December 31, 1999''.
(h) National Guard Funeral Honors Duty.--(1) Section 114 of
title 32, United States Code, is amended--
(A) by striking ``honor guard'' both places it appears and
inserting ``funeral honors''; and
(B) by striking ``otherwise required'' and inserting ``,
but may be performed as funeral honors duty as prescribed in
section 115 of this title''.
(2) Chapter 1 of such title is amended by adding at the end
the following new section:

``Sec. 115. Funeral honors duty performed as a Federal
function

``(a) Under regulations prescribed by the Secretary of
Defense, 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 (as defined in section 1491 of title
10).
``(b) 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 service credit under section
1273(a)(2)(E) of title 10 and compensation under section 435
of title 37 if authorized by the Secretary concerned.
``(c) Funeral honors duty (and travel directly to and from
that duty) under this section shall be treated as the
equivalent of inactive-duty training (and travel directly to
and from that training) for the purposes of this section and
the provisions of title 10, title 37, and title 38, including
provisions relating to the determination of eligibility for
and the receipt of benefits and entitlements provided under
those titles for Reserves performing inactive-duty training
and for their dependents and survivors, except that a member
is not entitled by reason of performance of funeral honors
duty to any pay, allowances, or other compensation provided
for in title 37 other than that provided in section 435 of
that title and in subsection (d).
``(d) A member who performs funeral honors duty under this
section is entitled to reimbursement 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.''.
(3)(A) The heading of section 114 of such title is amended
to read as follows:

``Sec. 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:

``114. Funeral honors functions at funerals for veterans.
``115. Funeral honors duty performed as a Federal function.''.
(i) Ready Reserve Funeral Honors Duty.--(1)(A) Chapter 1213
of title 10, United States Code, is amended by adding at the
end the following new section:

``Sec. 12503. Ready Reserve: funeral honors duty

``(a) Under regulations prescribed by the Secretary of
Defense, 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). However, a member of the Army National 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) 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 service credit under section
12732(a)(2)(E) of this title and compensation under section
435 of title 37 if authorized by the Secretary concerned.
``(c) Funeral honors duty (and travel directly to and from
that duty) under this section shall be treated as the
equivalent of inactive-duty training (and travel directly to
and from that training) for the purposes of this title, title
37, and title 38, including provisions relating to the
determination of eligibility for and receipt of benefits and
entitlements provided under those titles for Reserves
performing inactive-duty training and for their dependents
and survivors, except that a member is not entitled by reason
of performance of funeral honors duty to any pay, allowances,
or other compensation provided for in title 37 other than
that provided in section 435 of that title and in subsection
(d).
``(d) A member who performs funeral honors duty under this
section is entitled to reimbursement 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.''.
(B) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``12503. Ready Reserve: funeral honors duty.''.
(2)(A) Section 12552 of such title is amended to read as
follows:

``Sec. 12552. Funeral honors functions at funerals for
veterans

``Performance by a Reserve of funeral honors functions at
the funeral of a veteran (as defined in section 1491 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.''.
(B) The item relating to such section 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.''.
(j) Crediting for Retirement Purposes.--Paragraph (2) of
section 12732(a) of title 10, United States Code, is
amended--
(1) by inserting after subparagraph (D) the following new
subparagraph:
``(E) One point for each day in which funeral honors
functions were performed under section 12503 of this title or
section 115 of title 32.''; and
(2) by striking ``and (D)'' in the last sentence of such
paragraph and inserting ``(D), and (E)''.
(k) Allowance for Funeral Honors Duty.--(1) Chapter 7 of
title 37, United States Code, is amended by adding at the end
the following new section:

``Sec. 435. Funeral honors duty: flat rate allowance

``(a) Allowance Authorized.--Under uniform regulations
prescribed by the Secretary of Defense, a member of the Ready
Reserve of an armed force may be paid an allowance of $50, at
the discretion of the Secretary concerned, for funeral honors
duty performed pursuant to section 12305 of title 10 or
section 115 of title 32, if the member is engaged in the
performance of that duty for at least two hours.
``(b) Relation to Performance of Funeral Honors Duty.--The
allowance under this section shall constitute the single,
flat-rate monetary allowance authorized for the performance
of funeral honors duty pursuant to section 12503 of title 10
or section 115 of title 32 and shall constitute payment in
full to the member, regardless of grade in which serving.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``435. Funeral honors duty: flat rate allowance.''.

SEC. 566. PURPOSE AND FUNDING LIMITATIONS FOR NATIONAL GUARD
CHALLENGE PROGRAM.

(a) Program Authority and Purpose.--Subsection (a) of
section 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 opportunities program, to be known as the `National
Guard Challenge Program', 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
section is amended by striking ``$50,000,000'' and inserting
``$62,500,000''.

SEC. 567. 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 provided generally to post-secondary
educational institutions or to prospective employers of those
students.''.

SEC. 568. SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON
ATTITUDES TOWARD MILITARY SERVICE.

(a) Exit Survey.--The Secretary of Defense shall develop
and implement 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 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.

[[Page 12174]]

(3) Attitude toward civilian and military leadership.
(4) Attitude toward pay and benefits.
(5) Job satisfaction.
(6) Such other matters as the Secretary determines
appropriate to the survey concerning reasons why military
personnel are leaving military service.
(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. 569. IMPROVEMENT IN SYSTEM FOR ASSIGNING PERSONNEL TO
WARFIGHTING UNITS.

(a) Review of Personnel Assignment Systems.--The Secretary
of each military department shall review the military
personnel system under that Secretary's jurisdiction in order
to identify those policies that prevent warfighting units
from being fully manned.
(b) Revision to Policies.--Following the review under
subsection (a), the Secretary shall alter the policies
identified in the review with the goal of raising the
priority in the personnel system for the assignment of
personnel to warfighting units.
(c) Report.--Not later than December 31, 2000, the
Secretary shall submit to the Committee on Armed Services of
the Senate and Committee on Armed Services of the House of
Representatives a report on the changes to the military
personnel system under that Secretary's jurisdiction that
have been, or will be, adopted under subsection (b).
(d) Definition.--For the purposes of this section, the term
``warfighting unit'' means a battalion, squadron, or vessel
that (1) has a combat, combat support, or combat service
support mission, and (2) is not considered to be in the
supporting establishment for its service.

SEC. 570. REQUIREMENT FOR DEPARTMENT OF DEFENSE REGULATIONS
TO PROTECT THE CONFIDENTIALITY OF
COMMUNICATIONS BETWEEN DEPENDENTS AND
PROFESSIONALS PROVIDING THERAPEUTIC OR RELATED
SERVICES REGARDING SEXUAL OR DOMESTIC ABUSE.

(a) In General.--(1) Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1562. Confidentiality of communications between
dependents and professionals providing therapeutic or
related services regarding sexual or domestic abuse

``(a) Regulations.--The Secretary of Defense shall
prescribe in regulations such policies and procedures as the
Secretary considers necessary to provide the maximum possible
protection for the confidentiality of communications
described in subsection (b) relating to misconduct described
in that subsection. Those regulations shall be consistent
with--
``(1) the standards of confidentiality and ethical
standards issued by relevant professional organizations;
``(2) applicable requirements of Federal and State law;
``(3) the best interest of victims of sexual harassment,
sexual assault, or intrafamily abuse; and
``(4) such other factors as the Secretary, in consultation
with the Attorney General, considers appropriate.
``(b) Covered Communications.--Subsection (a) applies to
communications between--
``(1) a dependent of a member of the armed forces who--
``(A) is a victim of sexual harassment, sexual assault, or
intrafamily abuse; or
``(B) has engaged in such misconduct; and
``(2) a therapist, counselor, advocate, or other
professional from whom the dependent seeks professional
services in connection with effects of such misconduct.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``1562. Confidentiality of communications between dependents and
professionals providing therapeutic or related services
regarding sexual or domestic abuse.''.
(b) GAO Study.--(1) The Comptroller General shall study the
policies, procedures, and practices of the military
departments for protecting the confidentiality of
communications between--
(A) a dependent 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
connection with effects of such misconduct.
(2) The Comptroller General shall conclude the study and
submit to the Secretary of Defense and Congress a report on
the results of the study. The report shall be submitted not
later than 180 days after the date of the enactment of this
Act.
(c) Initial Regulations.--The initial regulations under
section 1562 of title 10, United States Code, as added by
subsection (a), shall be prescribed not later than 90 days
after the date on which the Secretary of Defense receives the
report of the Comptroller General under subsection (b). In
prescribing those regulations, the Secretary shall ensure
that those regulations are consistent with the findings of
the Comptroller General in that report.

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.

(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
services within each pay grade are as follows:

[[Page 12175]]

COMMISSIONED OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80
O-7............. 5,479.50 5,851.80 5,851.50 5,894.40 6,114.60
O-6............. 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40
O-5............. 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80
O-4............. 2,737.80 3,333.90 3,556.20 3,606.04 3,812.40
O-3 \3\......... 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90
O-2 \3\......... 2,218.80 2,527.20 2,910.90 3,000.00 3,071.10
O-1 \3\......... 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10
O-7............. 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50
O-6............. 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20
O-5............. 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00
O-4............. 3,980.40 4,251.50 4,464.00 4,611.00 4,758.90
O-3 \3\......... 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10
O-2 \3\......... 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 \3\......... 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10 \2\........ $0.00 $10,655.1 $10,707.6 $10,930.2 $11,318.40
0 0 0
O-9............. 0.00 9,319.50 9,453.60 9,647.70 9,986.40
O-8............. 8,503.80 8,830.20 9,048.00 9,048.00 9,048.00
O-7............. 7,985.40 7,985.40 7,985.40 7,985.40 8,025.60
O-6............. 6,086.10 6,381.30 6,549.00 6,719.10 7,049.10
O-5............. 5,436.00 5,583.60 5,751.90 5,751.90 5,751.90
O-4............. 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70
O-3 \3\......... 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10
O-2 \3\......... 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 \3\......... 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
------------------------------------------------------------------------
\1\ Notwithstanding the pay rates specified in this table, the actual
basic pay for commissioned officers in grades 0-7 through O-10 may not
exceed the rate of pay for level III of the Executive Schedule and the
actual basic pay for all other officers, including warrant officers,
may not exceed the rate of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, basic pay for
this grade is calculated to be $12,441.00, regardless of cumulative
years of service computed under section 205 of title 37, United States
Code.
\3\ This table does not apply to commissioned officers in the grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,364.80 $3,525.90
O-2E............ 0.00 0.00 0.00 3,009.00 3,071.10
O-1E............ 0.00 0.00 0.00 2,423.10 2,588.40
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80
O-2E............ 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20
O-1E............ 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90
O-2E............ 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20
O-1E............ 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00
------------------------------------------------------------------------

WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40
W-3.............. 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30
W-2.............. 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10
W-1.............. 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60
W-3.............. 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20
W-2.............. 2,555.40 2,852.60 2,749.80 2,844.30 2,949.00
W-1.............. 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80
------------------------------------------------------

[[Page 12176]]

Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40
W-4.............. 3,888.00 4,019.00 4,155.60 4,289.70 4,427.10
W-3.............. 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90
W-2.............. 3,058.40 3,163.80 3,270.90 3,378.30 3,378.30
W-1.............. 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90
------------------------------------------------------------------------

ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9 \2\.......... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70
E-6.............. 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30
E-5.............. 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50
E-4.............. 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90
E-3.............. 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1.............. \3\ 1,005.60 1,005.60 1,005.60 1,005.60
1,005.60
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9 \2\.......... $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50
E-8.............. 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10
E-7.............. 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00
E-6.............. 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60
E-5.............. 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20
E-4.............. 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3.............. 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1.............. 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9 \2\.......... $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.80
E-8.............. 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60
E-7.............. 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40
E-6.............. 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70
E-5.............. 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20
E-4.............. 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3.............. 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40
E-1.............. 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
------------------------------------------------------------------------
\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 Major
of the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $4,701.00, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\ In the case of members in the grade E-1 who have served less than 4
months on active duty, basic pay is $930.30.

(d) Limitation on Pay Adjustments.--Section 1009(a) of
title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``Whenever''; and
(2) by adding at the end the following new paragraph:
``(2) On and after April 30, 1999, the actual basic pay for
commissioned officers in grades 0-7 through O-10 may not
exceed the rate of pay for level III of the Executive
Schedule, and the actual basic pay for all other officers and
enlisted members may not exceed the rate of pay for level V
of the Executive Schedule.''.

SEC. 602. PAY INCREASES FOR FISCAL YEARS AFTER FISCAL YEAR
2000.

Effective on October 1, 2000, subsection (c) of section
1009 of title 37, United States Code, is amended to read as
follows:
``(c) Percentage Increase for All Members.--(1) Subject to
subsection (d), an adjustment taking effect under this
section during a fiscal year shall provide all eligible
members with an increase in the monthly basic pay by the
percentage equal to the sum of--
``(A) 0.5 percent; plus
``(B) the percentage calculated as provided under section
5303(a) of title 5.
``(2) The calculation required by paragraph (1)(B) shall be
made without regard to whether rates of pay under the
statutory pay systems (as defined in section 5302 of title 5)
are actually increased during that fiscal year under section
5303 of such title by the percentage so calculated.''.

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 2000 for the basic allowance for housing for military
housing areas inside the United States, $442,500,000 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 amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(e) Selected Reserve Affiliation Bonus.--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''.

[[Page 12177]]

SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.

(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) 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
618(b), is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(d) Army Enlistment Bonus.--Section 308f(c) of such title
is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(e) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``October 1, 1998,'' and
all that follows through the period at the end and inserting
``December 31, 2000.''.

SEC. 614. AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE
MANAGERS.

(a) Availability of Incentive Pay.--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)(11) of this title, is entitled to monthly incentive
pay at a rate equal to the greater of the following:
``(A) The rate applicable under this subsection.
``(B) The rate at which the member was 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)
shall take effect on the first day of the first month that
begins on or after the date of the enactment of this Act.

SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL PAY TO
AVIATION CAREER OFFICERS 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 O-6'' and
inserting ``grade O-7'';
(3) by inserting ``and'' at the end of paragraph (4); and
(4) by redesignating paragraphs (3), (4), and (6) as
paragraphs (2), (3), and (4), respectively.
(b) Amount of Bonus.--Subsection (c) of such section is
amended by striking ``than--'' and all that follows through
the period at the end and inserting ``than $25,000 for each
year covered by the written agreement to remain on active
duty.''.
(c) Proration Authority for Coverage of 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)(1) 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
if amended by striking the second sentence.
(g) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month that
begins on or after the date of the enactment of this Act.

SEC. 616. DIVING DUTY SPECIAL PAY.

(a) Increase in Payment Amount.--Subsection (b) of section
304 of title 37, United States Code, is amended--
(1) by striking ``$200'' and inserting ``$240''; and
(2) by striking ``$300'' and inserting ``$340''.
(b) Relation to Hazardous Duty Incentive Pay.--Subsection
(c) of such section 304 is amended to read as follows:
``(c) If, in addition to diving duty, a member is 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 this section
shall take effect on the first day of the first month that
begins on or after the date of the enactment of this Act.

SEC. 617. REENLISTMENT BONUS.

(a) Minimum Months of Active Duty.--Subsection (a)(1)(A) of
section 308 of title 37, United States Code, is amended by
striking ``twenty-one months'' and inserting ``17 months''.
(b) Amount of Bonus.--Subsection (a)(2) of such 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''.

SEC. 618. ENLISTMENT BONUS.

(a) Increase in Bonus Amount.--Subsection (a) of section
308a of title 37, United States Code, is amended by striking
``$12,000'' and inserting ``$20,000''.
(b) Payment Methods.--Such section is further amended--
(1) in subsection (a), by striking the second sentence;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Payment Methods.--A bonus under this section may be
paid in a single lump sum, or in periodic 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 Authority.--''
after ``(d)''.

SEC. 619. REVISED ELIGIBILITY REQUIREMENTS FOR RESERVE
COMPONENT PRIOR SERVICE ENLISTMENT BONUS.

Paragraph (2) of section 308i(a) of title 37, United States
Code, is amended to read as follows:
``(2) A bonus may only be paid under this section to a
person who meets each of the following requirements:
``(A) The person has completed a military service
obligation, but has less than 14 years of total military
service, and received an honorable discharge at the
conclusion of that military service obligation.
``(B) The person was not released, or is not being
released, from active service for the purpose of 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
specialty 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.''.

SEC. 620. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-
QUALIFIED OFFICERS.

(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(a) of title 37, United
States Code, is amended by striking ``$15,000'' and inserting
``$25,000''.
(b) Nuclear Career Accession Bonus.--Section 312b(a)(1) of
such title is amended by striking ``$10,000'' and inserting
``$20,000''.
(c) Nuclear Career Annual Incentive 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''.
(d) Effective Date.--(1) The amendments made by this
section shall take effect on October 1, 1999.
(2) The amendments made by subsections (a) and (b) shall
apply with respect to agreements accepted under section
312(a) and 312b(a), respectively, of title 37, United States
Code, on or after October 1, 1999.
(3) The amendments made by subsection (c) shall apply with
respect to nuclear service years beginning on or after
October 1, 1999.

SEC. 621. INCREASE IN AUTHORIZED MONTHLY RATE OF FOREIGN
LANGUAGE PROFICIENCY PAY.

(a) Increase.--Section 316(b) of title 37, United States
Code, is amended by striking ``$100'' and inserting ``$300''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month that
begins on or after the date of the enactment of this Act.

[[Page 12178]]

SEC. 622. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL
WARFARE OFFICERS EXTENDING PERIODS OF ACTIVE
DUTY.

(a) Bonus Authorized.--Chapter 5 of title 37, United States
Code, is amended by adding at the end the following new
section:

``Sec. 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, on or
after October 1, 1999, to remain on active duty in special
warfare service for at least one year may, upon the
acceptance of the agreement by the Secretary concerned, be
paid a retention bonus as provided in this section.
``(c) Eligible Officers.--A special warfare officer may
apply to enter into an agreement referred to in subsection
(b) if the officer--
``(1) is in pay grade O-3, or is in pay grade O-4 and is
not on a list of officers recommended for 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 any 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
payment 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 agreement.
``(B) The Secretary concerned may make graduated annual
payments under regulations prescribed by the Secretary, with
the first payment being payable at the time the agreement is
accepted by the Secretary and subsequent payments being
payable on the anniversary of the acceptance of the
agreement.
``(g) Additional Pay.--A retention bonus paid under this
section is in addition to any other pay and allowances to
which an officer is entitled.
``(h) Repayment.--(1) If an officer who has entered into an
agreement under subsection (b) and has received all or part
of a retention bonus under this section fails to complete the
total period of active duty in special warfare service as
specified in the agreement, the Secretary 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 warrant, all sums paid the
officer under this section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement entered into under subsection (a) does not
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. Regulations prescribed by the
Secretary of a military department under this section shall
be subject to the approval of the Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of title 37, United States Code is
amended by adding at the end the following new item:

``318. Special pay: special warfare officers extending period of active
duty.''.

SEC. 623. AUTHORIZATION OF SURFACE WARFARE OFFICER
CONTINUATION PAY.

(a) Incentive Pay Authorized.--Chapter 5 of title 37,
United States Code, is amended by inserting after section
318, as added by section 622, the following new section:

``Sec. 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, on or after October
1, 1999, to remain on active duty to complete one or more
tours of duty to which the officer may be ordered as a
department head on a surface ship may, upon the acceptance of
the agreement by the Secretary of the Navy, be paid an amount
not to exceed $50,000.
``(c) Proration.--The term of the written agreement under
subsection (b) and the amount payable under the agreement may
be prorated.
``(d) Payment Methods.--Upon acceptance of the written
agreement under subsection (b) by the Secretary of the Navy,
the total amount payable pursuant to the agreement becomes
fixed. The Secretary shall prepare an implementation plan
specifying the amount of each installment payment under the
agreement and the times for payment of the installments.
``(e) Additional Pay.--Any amount paid under this section
is in addition to any other pay and allowances to which an
officer is entitled.
``(f) Repayment.--(1) If an officer who has entered into a
written agreement under subsection (b) and has 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 ship 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 owned to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement entered into under subsection (b) does not
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.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of title 37, United States Code, is
amended by inserting after the item relating to section 318
the following new item:

``319. Special pay: surface warfare officer continuation pay''.

SEC. 624. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE
PAY.

(a) Incentive Pay Authorized.--Chapter 5 of title 37,
United States Code, is amended by inserting after section
319, as added by section 623, the following new section:

``Sec. 320. Incentive pay: career enlisted flyers

``(a) Eligible Career Enlisted Flyer Defined.--In this
section, the term `eligible career enlisted flyer' means an
enlisted member of the armed forces who--
``(1) is entitled to basic pay under section 204 of this
title, or is entitled to pay under section 206 of this title
as described in subsection (e) of this section;
``(2) holds an 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
prescribed 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 in an amount not to exceed the monthly maximum
amounts specified 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 flying 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 prescribed period, although otherwise meeting the
definition in subsection (a), may no longer be paid
continuous monthly incentive pay except as provided in
paragraph (3). Payment of continuous monthly incentive pay 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

[[Page 12179]]

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 delegated below the level of the Service
Personnel Chief.
``(4) If the eligibility of an eligible career enlisted
flyer to continuous monthly incentive pay ceases under
subsection (b)(2) or paragraph (2), the member may still
receive month-to-month incentive pay for subsequent frequent
and regular performance of operational flying duty. The rate
payable is the same rate authorized by the Secretary
concerned under subsection (d) for a member of corresponding
years of aviation service.
``(d) Monthly Maximum Incentive Pay.--The monthly rate for
incentive pay under this section may not exceed the amounts
specified in the following table for the applicable years of
aviation service:
Monthly
``Years of aviation service: rate
4 or less...................................................$150 ....

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

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

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

``(e) Eligibility of Reserve Component Members When
Performing Inactive Duty Training.--Under regulations
prescribed by the Secretary concerned, when a member of a
reserve component or the National Guard, who is entitled to
compensation under section 206 of this title, meets the
definition of eligible career enlisted flyer, the Secretary
concerned may increase the member's compensation by an amount
equal to \1/30\ of the monthly incentive pay authorized by
the Secretary concerned under subsection (d) for a member of
corresponding years of aviation service who 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 equivalent training, instruction,
duty or appropriate duties, as the Secretary may prescribe
under section 206(a) of this title.
``(f) Relation to Hazardous Duty Incentive Pay or Diving
Duty Special Pay.--A member receiving special pay under
section 301(a) or 304 of this title may not be paid incentive
pay under this section for the same period of service.
``(g) Save Pay Provision.--If, immediately before a member
receives incentive pay under this section, the 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
performed 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, and 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.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of title 37, United States Code, is
amended by inserting after the item relating to section 319
the following new item:

``320. Incentive pay: career enlisted flyers.''.

SEC. 625. 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 624, the following new section:

``Sec. 321. Special pay: judge advocate continuation pay

``(a) Eligible Judge Advocate Defined.--In this section,
the term `eligible judge advocate' means an officer of the
armed forces on full-time active duty who--
``(1) is qualified and serving as a judge advocate, as
defined in section 801 of title 10; and
``(2) has completed any service commitment incurred through
the officer's original commissioning program.
``(b) Special Pay Authorized.--An eligible judge advocate
who executes a written agreement, on or after October 1,
1999, to remain on active duty for a period of obligated
service specified in the agreement may, upon the acceptance
of the agreement by the Secretary concerned, be paid an
amount not to exceed $60,000.
``(c) Proration.--The term of the written agreement under
subsection (b) and the amount payable under the agreement may
be prorated.
``(d) Payment Methods.--Upon acceptance of the written
agreement under subsection (b) by the Secretary 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 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 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 circumstances warrant, any or all
sums paid under this section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owned to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement entered into under subsection (b) does not
discharge the officer signing the agreement from 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 repayment, and Federal
student loan relief.
(2) Not later than March 31, 2000, the Secretary shall
submit to Congress a report containing the findings and
recommendations resulting from the study.

Subtitle C--Travel and Transportation Allowances

SEC. 631. PROVISION OF LODGING IN KIND FOR RESERVISTS
PERFORMING TRAINING DUTY AND NOT OTHERWISE
ENTITLED TO TRAVEL AND TRANSPORTATION
ALLOWANCES.

Section 404(i) of title 37, United States Code, is
amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``If transient government housing is
unavailable, the Secretary concerned may provide the member
with lodging in kind in the same manner as members entitled
to such allowances under subsection (a).''; and
(2) in paragraph (3)--
(A) by inserting after ``paragraph (1)'' the following:
``and expenses of providing lodging in kind under such
paragraph''; and
(B) by adding at the end the following new sentence: ``Use
of Government charge cards is authorized for payment of these
expenses.''.

SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES FOR MEMBERS
MAKING THEIR FIRST PERMANENT CHANGE OF STATION.

(a) Authority to Pay or Reimburse.--Section 404a(a) of
title 37, United States Code, is amended
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by inserting ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) in the case of an enlisted member who is reporting to
the member's first permanent duty station, from the member's
home of record or initial technical school to that first
permanent duty station;''.
(b) Duration.--Such section is further amended--
(1) in the second sentence, by striking ``clause (1)'' and
inserting ``paragraph (1) or (3)''; and
(2) in the third sentence, by striking ``clause (2)'' and
inserting ``paragraph (2)''.

SEC. 633. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.

Section 411d(b)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(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 MEMBERS
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 ``has elected to receive a bonus under section 321
of title 37,'' after ``July 31, 1986,''.

[[Page 12180]]

(b) Cost-of-Living Adjustments.--Paragraph (3) of section
1401a(b) of such title is amended to read as follows:
``(3) Post-august 1, 1986 members.--
``(A) Members electing 15-year career status bonus.--In the
case of a member or former member who first became a member
on or after August 1, 1986, and who elected to receive a
bonus under section 321 of title 37, the Secretary shall
increase the retired pay of the member or former member
(unless the percent determined under paragraph (2) is less
than 1 percent) by the difference between--
``(i) the percent determined under paragraph (2); and
``(ii) 1 percent.
``(B) Members not electing 15-year career status bonus.--In
the case of a member or former member who first became a
member on or after August 1, 1986, and who did not elect to
receive a bonus under section 321 of title 37, the Secretary
shall increase the retired pay of the member or former
member--
``(i) if the percent determined under paragraph (2) is
equal to or greater than 3 percent, by the difference
between--

``(I) the percent determined under paragraph (2); and
``(II) 1 percent; and

``(ii) if the percent determined under paragraph (2) is
less than 3 percent, by the lesser of--

``(I) the percent determined under paragraph (2); or
``(II) 2 percent.''.

(c) Recomputation of Retired Pay At Age 62.--Section 1410
of such title is amended--
(1) by inserting ``(a) In General.--'' before ``In the case
of'';
(2) by inserting after ``62 years of age,'' the following:
``in accordance with subsection (b) or (c), as applicable.
``(b) Members Receiving Career Status Bonus.--In the case
of a member or former member described in subsection (a) who
received a bonus under section 321 of title 37, the retired
pay of the member or former member shall be recomputed under
subsection (a)'';
(3) by striking ``that date'' and inserting ``the effective
date of the recomputation''; and
(4) by adding at the end the following:
``(c) Members Not Receiving Career Status Bonus.--In the
case of a member or former member described in subsection (a)
who did not receive a bonus under section 321 of title 37,
the retired pay of the member or former member shall be
recomputed under subsection (a) so as to be the amount equal
to the amount of retired pay to which the member or former
member would be entitled on the effective date of the
recomputation if increases in the retired pay of the member
or former member under section 1401a(b) of this title had
been computed as provided in paragraph (2) of that section
(rather than under paragraph (3)(B) of that section).''.

SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS BONUS.

(a) Career Service Bonus.--Chapter 5 of title 37, United
States Code, is amended by inserting after section 321, as
added by section 625, the following new section:

``Sec. 322. Special pay: 15-year career status bonus for
members entering service on or after August 1, 1986

``(a) Eligible Career Bonus Member Defined.--In this
section, the term `eligible career bonus member' means a
member of a uniformed service serving on active duty who--
``(1) first became a member on or after August 1, 1986; and
``(2) has completed 15 years of active duty in the
uniformed services (or has received notification under
subsection (e) that the member is about to complete that
duty).
``(b) Availability of Bonus.--The Secretary 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
Secretary concerned) to remain continuously on active duty
until the member has completed 20 years of active-duty
service creditable under section 1405 of title 10, if the
member is not already obligated to remain on active duty for
a period that would result in at least 20 years of active-
duty service.
``(c) Election Method.--The election under subsection
(b)(1) shall be made in such form and within such period as
the Secretary concerned may prescribe. An election under such
subsection is irrevocable.
``(d) Amount of Bonus; Payment.--(1) A bonus under this
section shall be paid in one lump sum of $30,000.
``(2) The bonus shall be paid to an eligible career bonus
member not later than the first month that begins on or after
the date that is 60 days after the date on which the
Secretary concerned receives from the member the election
required under subsection (b)(1) and the written agreement
required under subsection (b)(2), if applicable.
``(e) Notification of Eligibility.--(1) The Secretary
concerned shall transmit to each member who satisfies 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 the total period of
active duty specified in subsection (b)(2), the person shall
refund to the United States the amount that bears the same
ratio to the amount of the bonus payment as the unserved part
of that total period bears to the total period.
``(2) Subject to paragraph (3), an obligation to 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 conscience or would be contrary to the best
interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement under this section does not discharge the member
signing such agreement from a debt arising under the
agreement or this subsection.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 321 the following new item:

``322. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986.''.

SEC. 643. CONFORMING AMENDMENTS.

(a) Conforming Amendment to Survivor Benefit Plan
Provision.--Section 1451(h)(3) of title 10, United States
Code, is amended by inserting ``of certain members'' after
``retirement''.
(b) Related Technical Amendments.--Chapter 71 of such title
is amended as follows:
(1) Section 1401a(b) is amended by striking the heading for
paragraph (1) and inserting ``Increase required.--''.
(2) Section 1409(b)(2) is amended by inserting ``certain''
in the paragraph heading after ``Reduction applicable to''.

SEC. 644. EFFECTIVE DATE.

The amendments made by sections 641, 642, and 643 shall
take effect on October 1, 1999.

Subtitle E--Other Retired Pay and Survivor Benefit Matters

SEC. 651. EFFECTIVE DATE OF DISABILITY RETIREMENT FOR MEMBERS
DYING IN CIVILIAN MEDICAL FACILITIES.

(a) In General.--(1) Chapter 61 of title 10, United States
Code, is amended by inserting after section 1219 the
following new section:

``Sec. 1220. Members dying in civilian medical facilities:
authority for determination of later time of death to allow
disability retirement

``(a) Authority for Later Time-of-Death Determination To
Allow Disability Retirement.--In the case of a member of the
armed forces who dies in a civilian medical facility in a
State, the Secretary concerned may, solely for the purpose of
allowing retirement of the member under section 1201 or 1204
of this title and subject to subsection (b), specify a date
and time of death of the member later than the date and time
of death determined by the attending physician in that
civilian medical facility.
``(b) Limitations.--A date and time of death may be
determined by the Secretary concerned under subsection (a)
only if that date and time--
``(1) are consistent with the date and time of death that
reasonably could have been determined by an attending
physician in a military medical facility if the member had
died in a military medical facility in the same State as the
civilian medical facility; and
``(2) are not more than 48 hours later than the date and
time of death determined by the attending physician in the
civilian medical facility.
``(c) State Defined.--In this section, the term `State'
includes the District of Columbia and any Commonwealth or
possession of the United States.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1219 the following new item:

``1220. Members dying in civilian medical facilities: authority for
determination of later time of death to allow disability
retirement.''.
(b) Effective Date.--(1) Section 1220 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to any member of the Armed Forces dying in a civilian
medical facility on or after January 1, 1998.
(2) In the case of any such member dying on or after such
date and before the date of the enactment of this Act, any
specification by the Secretary concerned under such section
with respect to the date and time of death of such member
shall be made not later than 180 days after the date of the
enactment of this Act.

SEC. 652. EXTENSION OF ANNUITY ELIGIBILITY FOR SURVIVING
SPOUSES OF CERTAIN RETIREMENT ELIGIBLE RESERVE
MEMBERS.

(a) Coverage of Surviving Spouses of All Gray Area
Retirees.--Section 644(a)(1)(B) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1800) is amended by striking ``during the period
beginning on September 21, 1972, and ending on'' and
inserting ``before''.

[[Page 12181]]

(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to annuities payable for months
beginning after September 30, 1999.

SEC. 653. PRESENTATION OF UNITED STATES FLAG TO RETIRING
MEMBERS OF THE UNIFORMED SERVICES NOT
PREVIOUSLY COVERED.

(a) Nonregular Service Military Retirees.--(1) Chapter 1217
of title 10, United States Code, is amended by adding at the
end the following new section:

``Sec. 12605. Presentation of United States flag: members
transferred 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 eligibility 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 status or discharged after completion of
eligibility for retired pay.''.

(b) Public Health Service.--Title II of the Public Health
Service Act is amended by inserting after section 212 (42
U.S.C. 213) the following new section:

``presentation of united states flag upon retirement

``Sec. 213. (a) Upon the release of an officer of the
commissioned corps of the Service from active commissioned
service for retirement, the Secretary of Health and Human
Services shall present a United States flag to the officer.
``(b) Multiple Presentations Not Authorized.--An officer is
not eligible for presentation of a flag under subsection (a)
if the officer has previously been presented 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) Upon 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 Code (as added by subsection (a)), section 413 of the
Public Health Service Act (as added by subsection (b)), and
section 25 of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 (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. 654. ACCRUAL FUNDING FOR RETIREMENT SYSTEM FOR
COMMISSIONED CORPS OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.

(a) Inclusion of NOAA Officers in DOD Military Retirement
Fund.--Section 1461 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``and the Department of
Commerce'' after ``Department of Defense'';
(2) in subsection (b)--
(A) by inserting ``and the Coast and Geodetic Survey
Commissioned Officers' Act of 1948 (33 U.S.C. 853a et seq.)''
in paragraph (1) after ``this title'';
(B) by striking ``and'' at the end of paragraph (2);
(C) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(4) the programs under the jurisdiction of the Department
of Commerce providing annuities for survivors of members and
former members of the NOAA Corps.''; and
(3) by adding at the end the following new subsection:
``(c) In this chapter, the term `NOAA Corps' means the
National Oceanic and Atmospheric Administration Commissioned
Corps and its predecessors.''.
(b) Payments From the Fund.--Section 1463(a) of such title
is amended--
(1) in paragraph (1), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and the NOAA Corps''; and
(2) in paragraph (4)--
(A) by inserting ``and the Department of Commerce'' after
``Department of Defense''; and
(B) by striking ``armed forces'' and inserting ``uniformed
services''.
(c) Reports by Board of Actuaries.--Section 1464(b) of such
title is amended by inserting ``and the Secretary of Commerce
with respect to the NOAA Corps'' after ``Secretary of
Defense''.
(d) Department of Commerce Contributions to the Fund.--
Section 1465 of such title is amended as follows:
(1) Subsection (a) is amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new paragraph:
``(2) Not later than January 1, 2000, the Secretary of
Commerce shall provide to the Board the amount that is the
present value (as of October 1, 1999) of future benefits
payable from the Fund that are attributable to service in the
NOAA Corps performed before October 1, 1999. That amount is
the NOAA Corps original unfunded liability of the Fund. The
Board shall determine the period of time over which that
unfunded liability should be liquidated and shall determine
an amortization schedule for the liquidation of such
liability over that period. Contributions to the Fund for the
liquidation of the original unfunded liability in accordance
with that schedule shall be made as provided in section
1466(b) of this title.''.
(2) Subsection (b) is amended--
(A) in paragraph (1)--
(i) by inserting ``and the Secretary of Commerce'' after
``Secretary of Defense'' in the matter preceding subparagraph
(A);
(ii) by inserting ``and the Department of Commerce
contributions with respect to the NOAA Corps'' after
``Department of Defense contributions'' in the matter
preceding subparagraph (A); and
(iii) by adding at the end the following new subparagraph:
``(C) The product of--
``(i) the current estimate of the value of the single level
percentage of basic pay to be determined under subsection
(c)(1)(C) at the time of the next actuarial valuation under
subsection (c); and
``(ii) the total amount of basic pay expected to be paid
during that fiscal year to members of the NOAA Corps.''; and
(B) in paragraph (2)--
(i) by inserting ``and the Department of Commerce'' after
``Department of Defense''; and
(ii) by inserting ``and shall include separate amounts for
the Department of Defense and the Department of Commerce''
after ``section 1105 of title 31''.
(3) Subsection (c)(1) is amended--
(A) by inserting ``and the Secretary of Commerce with
respect to the NOAA Corps'' in the first sentence after
``Secretary of Defense'';
(B) by striking ``and'' at the end of subparagraph (A);
(C) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(D) by inserting after subparagraph (B) the following new
subparagraph:
``(C) a determination (using the aggregate entry-age normal
cost method) of a single level percentage of basic pay for
members of the NOAA Corps.''.
(e) Payments Into the Fund.--Section 1466 of such title is
amended--
(1) in subsection (a)--
(A) by inserting ``and the Secretary of Commerce with
respect to the NOAA Corps'' after ``Secretary of Defense'';
(B) by striking ``Department of Defense'' after ``each
month as the'';
(C) by inserting ``and 1465(c)(1)(C)'' in paragraph (1)(A)
after ``section 1465(c)(1)(A)'';
(D) by inserting ``and by members of the NOAA Corps'' in
paragraph (1)(B) before the period; and
(E) by inserting ``or members of the NOAA Corps'' before
the period at the end of the last sentence of that
subsection;
(2) in subsection (b)(2), by inserting ``and the NOAA
original unfunded liability'' after ``original unfunded
liability''; and
(3) by adding at the end the following new subsection:
``(c)(1) The Secretary of Transportation shall process, on
behalf of the Fund, payments under section 1463 of this title
to members on the retired list of the NOAA Corps and to
survivors of members and former members of the NOAA Corps.
``(2) Payments made by the Secretary of Transportation
under paragraph (1) shall be charged against the Fund.''.
(f) Effective Date.--The amendments made by this section
shall take effect on October 1, 1999.

Subtitle F--Other Matters

SEC. 671. PAYMENTS FOR UNUSED ACCRUED LEAVE AS PART OF
REENLISTMENT.

Section 501 of title 37, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``conditions or'' and inserting
``conditions,''; and
(B) by adding before the semicolon the following: ``, or a
reenlistment of the member (regardless of when the
reenlistment occurs)''; and

[[Page 12182]]

(2) in subsection (b)(2), by striking ``, or entering into
an enlistment,''.

SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY
TECHNICIANS SERVING ON ACTIVE DUTY WITHOUT PAY
OUTSIDE THE UNITED STATES.

(a) Authority to Provide Per Diem 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 payment of a per diem allowance
to the military technician in lieu of commutation for
subsistence and quarters under paragraph (1).''.
(b) Types of Overseas Operations.--Section 6323(d)(1) of
title 5, United States Code, is amended by striking
``noncombat''.
(c) Effective Date.--The amendment made by 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 (Public Law 104-106; 110 Stat.432).

SEC. 673. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.

(a) Program Required.--Subsection (a) of section 1060a of
title 10, United States Code, is amended by striking
``Authority.--The Secretary of Defense may'' and inserting
``Program Required.--The Secretary of Defense shall''.
(b) Funding Source.--Subsection (b) of such section is
amended to read as follows:
``(b) Funding Mechanism.--The Secretary of Defense shall
use funds available for the Department of Defense to carry
out the program under subsection (a).''.
(c) Program Administration.--Subsection (c) of such section
is amended--
(1) by striking paragraph (1)(B) and inserting the
following:
``(B) In determining income eligibility standards for
families of individuals participating in the program under
this section, the Secretary of Defense shall, to the extent
practicable, use the criterion described in subparagraph (A).
The Secretary shall also consider the value of housing in
kind provided to the individual when determining program
eligibility.'';
(2) in paragraph (2), by adding before the period at the
end the following: ``, particularly with respect to nutrition
education and counseling''; and
(3) by adding at the end the following new paragraph:
``(3) The Secretary of Agriculture shall provide technical
assistance to the Secretary of Defense, if so requested by
the Secretary of Defense, for the purpose of carrying out the
program under subsection (a).''.
(d) Conforming Amendment.--Section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding
at the end the following new subsection:
``(q) The Secretary of Agriculture shall provide technical
assistance to the Secretary of Defense, if so requested by
the Secretary of Defense, for the purpose of carrying out the
overseas special supplemental food program established under
section 1060a(a) of title 10, United States Code.''.

SEC. 674. SPECIAL COMPENSATION FOR SEVERELY DISABLED
UNIFORMED SERVICES RETIREES.

(a) Authority.--(1) Chapter 71 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1413. Special compensation for certain severely
disabled uniformed services retirees

``(a) Authority.--The Secretary concerned shall, subject to
the availability of appropriations for such purpose, pay to
each eligible disabled uniformed services retiree a monthly
amount determined under subsection (b).
``(b) Amount.--The amount to be paid (subject to the
availability of appropriations) to an eligible disabled
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 Disabled Uniformed Services Retiree
Defined.--In this section, the term `eligible disabled
military retiree' means a member of the uniformed services in
a retired status (who is retired under a provision of law
other than chapter 61 of this title) who--
``(1) completed at least 20 years of service in the
uniformed services that are creditable for purposes of
computing the amount of retired pay to which the member is
entitled; and
``(2) has a qualifying service-connected disability.
``(d) Qualifying Service-Connected Disability Defined.--In
this section, the term `qualifying 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.--(1) 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.
``(2) If the amount of funds available to the Secretary
concerned for any fiscal year for payments under this section
is less than the amount required to make such payments to all
eligible disabled uniformed services retirees for that year,
the Secretary shall make such payments first to retirees
described in paragraph (1) of subsection (b), then (to the
extent funds are available) to retirees described in
paragraph (2) of that subsection, and then (to the extent
funds are available) to retirees described in paragraph (3)
of that subsection.
``(g) Other Definitions.--In this section:
``(1) The terms `compensation' and `service-connected' have
the meanings given those terms in section 101 of title 38.
``(2) The term `disability rated as total' means--
``(A) a disability that is rated as total under the
standard schedule of rating disabilities in use by the
Department of Veterans Affairs; or
``(B) a disability for which the schedular rating is less
than total but for which a rating of total is assigned by
reason of inability of the disabled person concerned to
secure or follow a substantially gainful occupation as a
result of service-connected disabilities.
``(3) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``1413. Special compensation for certain severely disabled uniformed
services retirees.''.
(b) Effective Date.--Section 1413 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 1999, and shall apply to months that begin on or
after that date. No benefit may be paid to any person by
reason of that section for any period before that date.

SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED IN A ----
CONTINGENCY OPERATION.

Section 2007(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(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.''.

TITLE VII--HEALTH CARE MATTERS

Subtitle A--Health Care Services

SEC. 701. PROVISION OF HEALTH CARE TO MEMBERS ON ACTIVE DUTY
AT CERTAIN REMOTE LOCATIONS.

(a) In General.--The Secretary of Defense shall enter into
agreements with designated providers under which such
providers will provide health care services in or through
managed care plans to an eligible member of the Armed Forces
who resides within the service area of the designated
provider. The provisions in section 722(b)(2) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 10 U.S.C. 1073 note) shall apply with respect to
such agreements.
(b) Adherence to TRICARE Prime Remote Program Policies.--A
designated provider who provides health care to an eligible
member described in subsection (a) shall, in providing such
care, adhere to policies of the Department of Defense with
respect to the TRICARE Prime Remote program, including
policies regarding coordination with appropriate military
medical authorities for specialty referrals and
hospitalization.
(c) Reimbursement Rates.--The Secretary shall negotiate
with each designated provider reimbursement rates that do not
exceed reimbursement rates allowable under TRICARE Standard.
(d) Definitions.--In this section:
(1) The term ``eligible member'' has the meaning given that
term in section 731(c) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 1074
note).
(1) The term ``designated provider'' has the meaning given
that term in section 721(5) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
10 U.S.C. 1073 note).

SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.

(a) In General.--Section 731 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
10 U.S.C. 1092 note) is amended--
(1) in the heading, by striking ``demonstration program'';
(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

[[Page 12183]]

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 subparagraph (D)
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(E) if the Secretary submits an implementation plan
pursuant to subsection (e), the preparation of such plan.'';
and
(B) by adding at the end the following new paragraph:
``(5) The Secretary shall--
``(A) make full use of the oversight advisory committee in
preparing--
``(i) the final report on the demonstration program
conducted under this section; and
``(ii) the implementation plan described in subsection (e);
and
``(B) provide opportunities for members of the committee to
provide views as part of such final report and plan.'';
(5) by redesignating subsection (e) as subsection (f); and
(6) by inserting after subsection (d) the following new
subsection:
``(e) Implementation Plan.--If the Secretary of Defense
recommends 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
integrating 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;
``(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.''

SEC. 703. CONTINUATION OF PROVISION OF DOMICILIARY AND
CUSTODIAL CARE FOR CERTAIN CHAMPUS
BENEFICIARIES.

(a) Continuation of Care.--(1) The Secretary of Defense
may, in any case in which the Secretary makes the
determination described in paragraph (2), continue to provide
payment under the Civilian Health and Medical Program of the
Uniformed Services (as defined in section 1072 of title 10,
United States Code), for domiciliary or custodial care
services provided to an eligible beneficiary that would
otherwise be excluded from coverage under regulations
implementing section 1077(b)(1) of such title.
(2) A determination under this paragraph is a determination
that discontinuation of payment for domiciliary or custodial
care services or transition to provision of care under the
individual case management program authorized by section
1079(a)(17) of such title would be--
(A) inadequate to meet the needs of the eligible
beneficiary; and
(B) unjust to such beneficiary.
(b) Eligible Beneficiary Defined.--As used in this section,
the term ``eligible beneficiary'' means a covered beneficiary
(as that term is defined in section 1072 of title 10, United
States Code) who, before the effective date of final
regulations to implement the individual case management
program authorized by section 1079(a)(17) of such title, were
provided domiciliary or custodial care services for which the
Secretary provided payment.

SEC. 704. REMOVAL OF RESTRICTION ON USE OF FUNDS FOR
ABORTIONS IN CERTAIN CASES OF RAPE OR INCEST.

Section 1093(a) of title 10, United States Code, is amended
by inserting ``or in a case in which the pregnancy is the
result of an act of forcible rape or incest which has been
reported to a law enforcement agency'' before the period.

Subtitle B--TRICARE Program

SEC. 711. IMPROVEMENTS TO CLAIMS PROCESSING UNDER THE TRICARE
PROGRAM.

(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095b the
following new section:

``Sec. 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 mistake-free claims must be
processed not later than 30 days after the date that such
claims are submitted to the claims processor; and
``(B) 100 percent of all mistake-free claims must be
processed not later than 100 days after the date that such
claims are submitted to the claims processor.
``(2) The Secretary may, under the system required by
paragraph (1) and consistent with the provisions in chapter
39 of title 31, United States Code (commonly referred to as
the `Prompt Payment Act'), require that interest be paid on
claims that are not processed within 30 days.
``(b) Requirement to Provide Start-up Time For Certain
Contractors.--(1) The Secretary of Defense shall not require
that a contractor described in paragraph (2) begin to provide
managed care support pursuant to a contract to provide such
support under the TRICARE 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.''.
(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 frame for resolution of such
backlogs;
(3) efforts to reduce the number of change orders with
respect to contracts to provide managed care support under
the TRICARE program and to make 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. 712. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.

(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095c (as added
by section 711) the following new section:

``Sec. 1095d. TRICARE program: waiver of certain deductibles

``(a) Waiver Authorized.--The Secretary of Defense may
waive the deductible payable for medical care provided under
the TRICARE program to an eligible dependent of--
``(1) a member of a reserve component on active duty
pursuant to a call or order to active duty for a period of
less than one year; or
``(2) a member of the National Guard on full-time National
Guard duty pursuant to a call or order to full-time National
Guard duty for a period of less than one year.
``(b) Eligible Dependent.--As used in this section, the
term `eligible dependent' means a dependent described
subparagraphs (A), (D), or (I) of section 1072(2) of this
title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1095c the following new item:

``1095d. TRICARE: program waiver of certain deductibles.''.

Subtitle C--Other Matters

SEC. 721. PHARMACY BENEFITS PROGRAM.

(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074f the
following new section:

``Sec. 1074g. Pharmacy benefits program

``(a) Pharmacy Benefits.--(1) The Secretary of Defense,
after consultation 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').

[[Page 12184]]

``(2)(A) The pharmacy benefits program shall include a
uniform formulary of pharmaceutical agents, which shall
assure the availability of pharmaceutical agents in a
complete range of therapeutic classes. The selection for
inclusion on the uniform formulary of particular
pharmaceutical agents in each therapeutic class shall be
based on the relative clinical and cost effectiveness of the
agents in such class.
``(B) The Secretary shall establish procedures for the
selection of particular pharmaceutical agents for the uniform
formulary, and shall begin to implement the uniform formulary
not later than October 1, 2000.
``(C) 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
eligible covered beneficiaries; or
``(iii) the national mail order pharmacy program.
``(3) The pharmacy benefits program shall assure the
availability of clinically appropriate pharmaceutical agents
to members of the armed forces, including, if appropriate,
agents not included on the uniform formulary described in
paragraph (2).
``(4) The pharmacy benefits program may provide that prior
authorization be required for certain categories of
pharmaceutical agents to assure that the use of such agents
is clinically appropriate. Such categories shall be the
following:
``(A) High-cost injectable agents.
``(B) High-cost biotechnology agents.
``(C) Pharmaceutical agents with high potential for
inappropriate use.
``(D) Pharmaceutical agents otherwise determined by the
Secretary to require prior authorization.
``(5)(A) The pharmacy benefits program shall include
procedures for eligible covered beneficiaries to receive
pharmaceutical agents not included on the uniform formulary.
Such procedures shall include peer review procedures under
which the Secretary may determine that there is a clinical
justification for the use of a pharmaceutical agent that is
not on the uniform formulary, in which case the
pharmaceutical agent shall be provided under the same terms
and conditions as an agent on the uniform formulary.
``(B) If the Secretary determines that there is not a
clinical justification for the use of a pharmaceutical agent
that is not on the uniform formulary under the procedures
established pursuant to subparagraph (A), such pharmaceutical
agent shall be available through at least one of the means
described in paragraph (2)(C) 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 of Defense shall, after consultation
with the other administering Secretaries, promulgate
regulations to carry out this subsection.
``(7) Nothing in this subsection shall be construed as
authorizing a contractor to penalize an eligible covered
beneficiary with respect to, or decline coverage for, a
maintenance pharmaceutical that is not on the list of
preferred pharmaceuticals of the contractor and that was
prescribed for the beneficiary before the date of the
enactment of this section and stabilized the medical
condition of the beneficiary.
``(b) Establishment of Committee.--(1) The Secretary of
Defense shall, in consultation with the Secretaries of the
military departments, establish a pharmaceutical and
therapeutics committee for the purpose of developing the
uniform formulary of pharmaceutical agents required by
subsection (a), reviewing such formulary on a periodic basis,
and making additional recommendations regarding the formulary
as the committee determines necessary and appropriate. The
committee shall include representatives of pharmacies of the
uniformed services facilities, contractors responsible for
the TRICARE retail pharmacy program, contractors responsible
for the national mail order pharmacy program, providers in
facilities of the uniformed services, and TRICARE network
providers. 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 for treating such populations.
``(2) Not later than 90 days after the establishment of the
pharmaceutical and therapeutics committee by the Secretary,
the committee shall submit a proposed uniform formulary to
the Secretary .
``(c) Advisory Panel.--(1) Concurrent with the
establishment of the pharmaceutical and therapeutics
committee under subsection (b), the Secretary shall establish
a Uniform Formulary Beneficiary Advisory Panel to review and
comment on the development of the uniform formulary. The
Secretary shall consider the comments of the panel before
implementing the uniform formulary or implementing 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
and associations that represent the views and interests of a
large number of eligible covered beneficiaries.
``(d) Procedures.--In the operation of the pharmacy
benefits program under subsection (a), the Secretary of
Defense shall assure through management and new contractual
arrangements that financial resources are aligned such that
the cost of prescriptions is borne by the organization that
is financially responsible for the health care of the
eligible covered beneficiary.
``(e) Pharmacy Data Transaction Service.--Not later than
April 1, 2000, the Secretary of Defense shall 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 network retail pharmacy
program, and the national mail order pharmacy program.
``(f) Definition of Eligible Covered Beneficiary.--As used
in this section, the term `eligible covered beneficiary'
means a covered beneficiary for whom eligibility to receive
pharmacy benefits through the means described in subsection
(a)(2)(C) is established under this chapter or another
provision of law.''.
(2) The table of sections at the beginning of such 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.--The Secretary
shall establish the pharmaceutical and therapeutics committee
required under section 1074g(b) of title 10, United States
Code, not later than 30 days after the date of enactment of
this Act.
(c) Reports Required.--Not later than April 1 and October 1
of fiscal years 2000 and 2001, the Secretary of Defense shall
submit to Congress a report on--
(1) implementation of the uniform formulary 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
prescribers attempted to prescribe non-formulary or non-
preferred prescription drugs, how often such prescribers were
able to do so, and whether covered beneficiaries were able to
fill such prescriptions without undue delay;
(B) the understanding by prescribers of the reasons that
military medical treatment facilities or civilian contractors
preferred certain pharmaceuticals to others; and
(C) the impact of any restrictions on access to non-
formulary prescriptions on the clinical decisions of the
prescribers and the aggregate cost, quality, and
accessibility of health care 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. 722. IMPROVEMENTS TO THIRD-PARTY PAYER COLLECTION
PROGRAM.

Section 1095 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``the reasonable costs of'' and inserting
``reasonable charges for'';
(B) by striking ``such costs'' and inserting ``such
charges''; and
(C) by striking ``the reasonable cost of'' and inserting
``a reasonable charge for'';
(2) by amending subsection (f) to read as follows:
``(f) The Secretary of Defense, in consultation with the
other administering Secretaries, shall prescribe regulations
for the administration of this section. Such regulations
shall provide for the computation of reasonable charges for
inpatient services, outpatient services, and other health
care services. Computation of such reasonable charges may be
based on--
``(1) per diem rates;
``(2) all-inclusive per visit rates;
``(3) diagnosis-related groups;
``(4) rates prescribed under the regulations prescribed to
implement sections 1079 and 1086 of this title; or
``(5) such other method as may be appropriate.'';
(3) in subsection (g), by striking ``the costs of''; and
(4) in subsection (h)(1), by striking the first sentence
and inserting ``The term `third-party payer' means an entity
that provides an insurance, medical service, or health plan
by contract 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.''.

[[Page 12185]]

SEC. 723. AUTHORITY OF ARMED FORCES MEDICAL EXAMINER TO
CONDUCT FORENSIC PATHOLOGY INVESTIGATIONS.

(a) In General.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec. 130b. Authority of armed forces medical examiner to
conduct forensic pathology investigations

``(a) In General.--The Armed Forces Medical Examiner may
conduct a forensic pathology investigation, including an
autopsy, to determine the cause or manner of death of an
individual in any case in which--
``(1) the individual was killed, or from any cause died an
unnatural death;
``(2) the cause or manner of death is unknown;
``(3) there is reasonable suspicion that the death was by
unlawful means;
``(4) the death appears to be from an infectious disease or
the result of the effects of a hazardous material that may
have an adverse effect on the installation or community in
which the individual died or was found dead; or
``(5) the identity of the deceased individual is unknown.
``(b) Limitations on Authority.--(1) The authority provided
under subsection (a) may only be exercised with respect to an
individual in a case in which--
``(A) the individual died or is found dead at an
installation garrisoned by units of the armed forces and
under the exclusive jurisdiction of the United States;
``(B) the individual was, at the time of death, a member of
the armed forces on active duty or inactive duty for training
or a member of the armed forces who recently retired under
chapter 61 of this title and died as a result of an injury or
illness incurred while on active duty;
``(C) the individual was a civilian dependent of a member
of the armed forces and died or was found dead at a location
outside the United States;
``(D) the Armed Forces Medical Examiner determines,
pursuant to an authorized investigation by the Department of
Defense of matters involving the death of an individual or
individuals, that a factual determination of the cause or
manner of the death of the individual is necessary; or
``(E) pursuant to an authorized investigation being
conducted by the Federal Bureau of Investigation, the
National Transportation Safety Board, or other Federal
agency, an official of such agency with authority to direct a
forensic pathology investigation requests that an
investigation be conducted by the Armed Forces Medical
Examiner.
``(2) The authority provided in subsection (a) shall be
subject to the primary jurisdiction, to the extent exercised,
of a State or local government with respect to the conduct of
an investigation or, if outside the United States, of
authority exercised under any applicable Status-of-Forces or
other international agreement between the United States and
the country in which the individual died or was found dead.
``(c) Designation of Pathologist.--The Armed Forces Medical
Examiner may designate any qualified pathologist to carry out
the authority provided in subsection (a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:

``130b. Authority of armed forces medical examiner to conduct forensic
pathology investigations.''.

SEC. 724. TRAUMA TRAINING CENTER.

(a) Start-up Costs.--Of the funds authorized to be
appropriated in section 301(22) for the Defense Health
Program, $4,000,000, shall be used for startup costs for a
Trauma Training Center to enhance the capability of the Army
to train forward surgical teams.
(b) Amendment to Existing Authority.--Section 742 of the
Strom Thurmond National Defense 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. 725. STUDY ON JOINT OPERATIONS FOR THE DEFENSE HEALTH
PROGRAM.

Not later than October 1, 2000, the Secretary of Defense
shall prepare and submit to Congress a study identifying
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 of--
(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.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

SEC. 801. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR COAL AND
COKE.

(a) In General.--Section 2404 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``petroleum or natural gas'' and 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 acquisition
of natural gas, respectively,'' and inserting ``acquisition
of that defined fuel source''; and
(C) in paragraph (2), by striking ``petroleum or natural
gas, as the case may be,'' and inserting ``that defined fuel
source'';
(3) in subsection (b), by striking ``petroleum or natural
gas'' in the second sentence and inserting ``a defined fuel
source'';
(4) in subsection (c), by striking ``petroleum'' and all
that follows through the period and inserting ``a defined
fuel source or services related to a defined fuel source by
exchange of a defined fuel source or services related to a
defined fuel source.'';
(5) in subsection (d)--
(A) by striking ``petroleum or natural gas'' in the first
sentence and inserting ``a defined fuel source''; and
(B) by striking ``petroleum'' in the second sentence and
all that follows through the period and inserting ``a defined
fuel source or services related to a defined fuel source.'';
and
(6) by adding at the end the following new 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:

``Sec. 2404. Acquisition of certain fuel sources: authority
to waive contract procedures; acquisition by exchange;
sales authority''.

(2) The item relating to such section in the table of
sections at the beginning of chapter 141 of such title is
amended to read as follows:

``2404. Acquisition of certain fuel sources: authority to waive
contract procedures; acquisition by exchange; sales
authority.''.

SEC. 802. EXTENSION OF AUTHORITY TO ISSUE SOLICITATIONS FOR
PURCHASES OF COMMERCIAL ITEMS IN EXCESS OF
SIMPLIFIED ACQUISITION THRESHOLD.

Section 4202(e) of the Clinger-Cohen Act of 1996 (divisions
D and E of Public Law 104-106; 10 U.S.C. 2304 note) is
amended by striking ``three years after the date on which
such amendments take effect pursuant to section 4401(b)'' and
inserting ``January 1, 2002''.

SEC. 803. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE
CERTAIN PROCUREMENTS FROM SMALL ARMS PRODUCTION
INDUSTRIAL BASE.

Section 2473(d) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(6) M2 machine gun.
``(7) M60 machine gun.''.

SEC. 804. REPEAL OF TERMINATION OF PROVISION OF CREDIT
TOWARDS SUBCONTRACTING GOALS FOR PURCHASES
BENEFITING SEVERELY HANDICAPPED PERSONS.

Section 2410d(c) of title 10, United States Code, is
repealed.

SEC. 805. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING
PLANS.

Subsection (e) of section 834 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 15 U.S.C. 637 note) is amended by striking ``2000.''
and inserting ``2003''.

SEC. 806. FACILITATION OF NATIONAL MISSILE DEFENSE SYSTEM.

(a) Authorization of Waiver of Requirement for Completion
of Initial OT&E Before Production Begins.--Notwithstanding
section 2399(a) of title 10, United States Code, the
Secretary of Defense may make a determination to proceed with
production of a national missile defense system without
regard to whether initial operational testing and evaluation
of the system has been completed.
(b) Requirement for Completion of Initial OT&E.--If the
Secretary makes such a determination as provided by
subsection (a), the Secretary shall ensure that such a
national missile defense system successfully completes an
adequate operational test and evaluation as soon as
practicable following that determination and before the
operational deployment of such system.
(c) Notification to Congressional Committees.--The
Secretary shall promptly notify the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives, in writing, upon making a
determination that production of a national missile defense
system may be carried out before initial operational testing
and evaluation of that system has been completed, as
authorized by subsection (a).

SEC. 807. OPTIONS FOR ACCELERATED ACQUISITION OF PRECISION
MUNITIONS.

(a) Findings.--Congress finds the following:
(1) Current inventories of many precision munitions of the
United States do not meet the requirements of the Department
of Defense for two Major Theater Wars, and with respect to
some precision munitions, such requirements will not be met
even after planned acquisitions are made.

[[Page 12186]]

(2) Production lines for certain 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
and Tomahawk missiles during Operation Allied Force indicate
the critical need to maintain robust inventories of precision
munitions.
(b) Reports.--(1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the requirements of the Department of Defense for quantities
of precision munitions for two Major Theater Wars, and when
such requirements will be met for each precision munition.
(2) Not later than March 15, 2000, the Secretary shall
submit to the congressional defense committees a report on--
(A) the options recommended by the teams formed under
subsection (c) for acceleration of acquisition of precision
munitions; and
(B) a plan for implementing such options.
(c) Recommendations for Options.--The Secretary of Defense
shall form teams of experts from industry and the military
departments to recommend to the Secretary options for
accelerating the acquisition of precision munitions in order
that, with respect to any such munition for which the
requirements of the Department of Defense for two Major
Theater Wars are not expected to be met by October 1, 2002,
such requirements may be met for such munitions by such date.

SEC. 808. PROGRAM TO INCREASE OPPORTUNITY FOR SMALL BUSINESS
INNOVATION IN DEFENSE ACQUISITION PROGRAMS.

(a) Requirement to Implement Program.--The Secretary of
Defense shall implement a program to provide for increased
opportunity for small-business concerns to provide innovative
technology for acquisition programs of the Department of
Defense.
(b) Elements of Program.--The program required by
subsection (a) shall consist of the following elements:
(1) The Secretary shall establish procedures through which
small-business concerns may submit challenge proposals to
existing components of acquisition programs of the Department
of Defense which shall be designed to encourage small-
business concerns to recommend cost-saving and innovative
ideas to acquisition program managers.
(2) The Secretary shall establish a challenge proposal
review board, the purpose of which shall be to review and
make recommendations on the merit and viability of the
challenge proposals submitted under paragraph (1). The
Secretary shall ensure that such recommendations receive
active consideration for incorporation into applicable
acquisition programs of the Department of Defense at the
appropriate point in the acquisition cycle.
(c) Report.--The Secretary of Defense shall report to
Congress annually on the implementation of this section and
the progress of providing increased opportunity for small-
business concerns to provide innovative technology for
acquisition programs of the Department of Defense.
(d) Small-Business Concern Defined.--In this section, the
term ``small-business concern'' has the same meaning as the
meaning of such term as used in the Small Business Act (15
U.S.C. 631 et seq.).

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

SEC. 901. LIMITATION ON AMOUNT AVAILABLE FOR CONTRACTED
ADVISORY AND ASSISTANCE SERVICES.

(a) Reduction.--From amounts appropriated for the
Department of Defense for fiscal year 2000, the total amount
obligated for contracted advisory and assistance services may
not exceed the amount equal to the sum of the amounts
specified in the President's budget for fiscal year 2000 for
those services for components of the Department of Defense
reduced by $100,000,000.
(b) Limitation Pending Receipt of Required Report.--Not
more than 90 percent of the amount available to the
Department of Defense for fiscal year 2000 for contracted
advisory and assistance services (taking into account the
limitation under subsection (a)) may be obligated until the
Secretary of Defense submits to Congress the first annual
report under section 2212(c) of title 10, United States Code.

SEC. 902. RESPONSIBILITY FOR LOGISTICS AND SUSTAINMENT
FUNCTIONS OF THE DEPARTMENT OF DEFENSE.

(a) Under Secretary of Defense for Acquisition and
Technology.--(1) The position of Under Secretary of Defense
for Acquisition 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 Secretary of Defense for Acquisition and
Technology shall be treated as referring to the Under
Secretary 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 inserting ``Under Secretary of Defense for Acquisition,
Technology, and Logistics''; and
(B) in subsection (b)--
(i) by striking ``logistics,'' in paragraph (2);
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(iii) by inserting after paragraph (2) the following new
paragraph (3):
``(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 Materiel
Readiness.--(1) Chapter 4 of title 10, United States Code, is
amended by inserting after section 133a the following new
section:

``Sec. 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 civilian
life by the President 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, maintenance, 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 and Technology, and providing
guidance to and consulting with the Secretaries of the
military departments, with respect to logistics, maintenance,
materiel readiness, and sustainment support in the Department
of Defense; and
``(3) monitoring and reviewing all logistics, maintenance,
materiel readiness, and sustainment support programs in the
Department of Defense.''.
(2) Section 5314 of title 5, United States Code, is amended
by inserting after the paragraph relating to the Deputy Under
Secretary of Defense for Acquisition and Technology the
following new paragraph:
``Deputy Under Secretary of Defense for Logistics and
Materiel Readiness.''.
(c) Revisions to Law Providing for Deputy Under Secretary
for Acquisition and Technology.--Section 133a(b) of title 10,
United States Code, is amended--
(1) by striking ``his duties'' in the first sentence and
inserting ``the Under Secretary's duties relating to
acquisition and technology''; and
(2) by striking the second sentence.
(d) Conforming Amendments to Chapter 4.-- Chapter 4 of such
title is further amended as follows:
(1) Sections 131(b)(2), 134(c), 137(b), and 139(b) are
amended by striking ``Under Secretary of Defense for
Acquisition and Technology'' each place it appears and
inserting ``Under Secretary of Defense for Acquisition,
Technology, and Logistics''.
(2) The heading of section 133 is amended to read as
follows:

``Sec. 133. Under Secretary of Defense for Acquisition,
Technology, and Logistics''.

(3) The table of sections at the beginning of the chapter
is amended--
(A) by striking the item relating to section 133 and
inserting the following:

``133. Under Secretary of Defense for Acquisition, Technology, and
Logistics.'';
and
(B) by inserting after the item relating to section 133a
the following new item:

``133b. Deputy Under Secretary of Defense for Logistics and Materiel
Readiness.''.
(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 Logistics''.

SEC. 903. MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUPPORT
ACTIVITIES.

(a) Revision to Defense Directive Relating to Management
Headquarters and Headquarters Support Activities.--Not later
than October 1, 2000, the Secretary of Defense shall issue a
revision to Department of Defense Directive 5100.73, entitled
``Department of Defense Management Headquarters and
Headquarters Support Activities'', so as to incorporate in
that directive the following:
(1) A threshold specified by command (or other
organizational element) such that any headquarters activity
below the threshold is not considered for the purpose of the
directive to be a management headquarters or headquarters
support activity.
(2) A definition of the term ``management headquarters and
headquarters support activities'' that (A) is based upon
function (rather than organization), and (B) includes any
activity (other than an operational activity) that reports
directly to such an activity.
(3) Uniform application of those definitions throughout the
Department of Defense.
(b) Technical Amendments to Update Limitation on OSD
Personnel.--Effective October 1, 1999, section 143 of title
10, United States Code, is amended--

[[Page 12187]]

(1) in subsection (a)--
(A) by striking ``Effective October 1, 1999, the'' and
inserting ``The''; and
(B) by striking ``75 percent of the baseline number'' and
inserting ``3,767''.
(2) by striking subsections (b), (c), and (f); and
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively.

SEC. 904. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND
SUPPORT WORKFORCE.

(a) Reduction of Defense Acquisition and Support
Workforce.--The Secretary of Defense shall accomplish
reductions in defense acquisition and support personnel
positions during fiscal year 2000 so that the total number of
such personnel as of October 1, 2000, is less than the total
number of such personnel as of October 1, 1999, by at least
25,000.
(b) Defense Acquisition and Support Personnel Defined.--For
purposes of this section, the term ``defense acquisition and
support personnel'' means military and civilian personnel
(other than civilian personnel who are employed at a
maintenance depot) who are assigned to, or employed in,
acquisition organizations of the Department of Defense (as
specified in Department of Defense Instruction numbered
5000.58 dated January 14, 1992), and any other organizations
which the Secretary may determine to have a predominantly
acquisition mission.

SEC. 905. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.

(a) Findings.--The Congress finds the following:
(1) The strategic relationship between the United States
and the People's Republic of China will be very important for
future peace and security, not only in the Asia-Pacific
region but around the world.
(2) The United States does not view China as an enemy, nor
consider that the coming century necessarily will see a new
great power competition between the two nations.
(3) The end of the cold war has eliminated what had been
the one fundamental common strategic interest of the United
States and China, that of containing the Soviet Union.
(4) The sustained economic rise, stated geopolitical
ambitions, and increasingly confrontational actions of China
cast doubt on whether the United States will be able to form
a satisfactory strategic partnership with the People's
Republic of China and will pose challenges that will require
careful management in order to preserve peace and protect the
national security interests of the United States.
(5) The ability of the Department of Defense, and the
United States Government more generally, to develop sound
security and military strategies is hampered by a limited
understanding of Chinese strategic goals and military
capabilities. The low priority accorded the study of Chinese
strategic and military affairs within the Government and
within the academic community has contributed to this limited
understanding.
(6) There is a need for a United States national institute
for research and assessment of political, strategic, and
military affairs in the People's Republic of China. Such an
institute should be capable of providing analysis for the
purpose of shaping United States military strategy and policy
with regard to China and should be readily accessible to
senior leaders within the Department of Defense, but should
maintain academic and intellectual independence so that that
analysis is not first shaped by policy.
(b) Establishment of Center for the Study of Chinese
Military Affairs.--(1) Chapter 108 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2166. National Defense University: Center for the
Study of Chinese Military Affairs

``(a) Establishment.--(1) The Secretary of Defense shall
establish a Center for the Study of Chinese Military Affairs
(hereinafter in this section referred to as the `Center') as
part of the National Defense University. The Center shall be
organized as an independent institute under the University.
``(2) The Director of the Center shall be appointed by the
Secretary of Defense. The Secretary shall appoint as the
Director an individual who is a distinguished scholar of
proven academic, management, and leadership credentials with
a superior record of achievement and publication regarding
Chinese political, strategic, and military affairs.
``(b) Mission.--The mission of the Center is to study the
national goals and strategic posture of the People's 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.
``(c) Areas of Study.--The Center shall conduct research
relating to the People's Republic of China as follows:
``(1) To assess the potential of that nation to act as a
global great power, the Center shall conduct research that
considers the policies and capabilities of that nation in a
regional and world-wide context, including Central Asia,
Southwest Asia, Europe, and Latin America, as well as the
Asia-Pacific region.
``(2) To provide a fuller assessment of the areas of study
referred to in paragraph (1), the Center shall conduct
research on--
``(A) economic trends relative to strategic goals and
military capabilities;
``(B) strengths and weaknesses in the scientific and
technological sector; and
``(C) relevant demographic and human resource factors on
progress in the military sphere.
``(3) The Center shall conduct research on the armed forces
of the People's Republic of China, taking into account the
character of those armed forces and their role in Chinese
society and economy, the degree of their technological
sophistication, and their organizational and doctrinal
concepts. That research shall include inquiry into the
following matters:
``(A) Concepts concerning national interests, objectives,
and strategic culture.
``(B) Grand strategy, military strategy, military
operations, and tactics.
``(C) Doctrinal concepts at each of the four levels
specified in subparagraph (B).
``(D) The impact of doctrine on China's force structure
choices.
``(E) The interaction of doctrine and force structure at
each level to create an integrated system of military
capabilities through procurement, officer education,
training, and practice and other similar factors.
``(d) Faculty of the Center.--(1) The core faculty of the
Center should comprise scholars capable of providing diverse
perspectives on Chinese political, strategic, and military
thought. Center scholars shall demonstrate the following
competencies and capabilities:
``(A) Analysis of national strategy, military strategy, and
doctrine.
``(B) Analysis of force structure and military
capabilities.
``(C) Analysis of--
``(i) issues relating to weapons of mass destruction,
military intelligence, defense economics, trade, and
international economics; and
``(ii) the relationship between those issues and grand
strategy, science and technology, the sociology of human
resources and demography, and political science.
``(2) A substantial number of Center scholars shall be
competent in the Chinese language. The Center shall include a
core of junior scholars capable of providing linguistics and
translation support to the Center.
``(e) Activities of the Center.--The activities of the
Center shall include other elements appropriate to its
mission, including the following:
``(1) The Center should include an active conference
program with an international reach.
``(2) The Center should conduct an international
competition for a Visiting Fellowship in Chinese Military
Affairs and Chinese Security Issues. The term of the
fellowship should be for one year, renewable for a second.
``(3) The Center shall provide funds to support at least
one trip per analyst per year to China and the region and to
support visits of Chinese military leaders to the Center.
``(4) The Center shall support well defined, distinguished,
signature publications.
``(5) Center scholars shall have appropriate access to
intelligence community assessments of Chinese military
affairs.
``(f) Studies and Reports.--The Director may contract for
studies and reports from the private sector to supplement the
work of the Center.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``2166. National Defense University: Center for the Study of Chinese
Military Affairs.''.
(c) Implementation Report.--Not later than January 1, 2000,
the Secretary of Defense shall submit to Congress a report
stating the timetable and organizational plan for
establishing the Center for the Study of Chinese Military
Affairs under section 2166 of title 10, United States Code,
as added by subsection (b).
(d) Startup of Center.--The Secretary shall establish the
Center for the Study of Chinese Military Affairs under
section 2166 of title 10, United States Code, as added by
subsection (b), not later than March 1, 2000, and shall
appoint the first Director of the Center not later than June
1, 2000.

SEC. 906. RESPONSIBILITY WITHIN OFFICE OF THE SECRETARY OF
DEFENSE FOR MONITORING OPTEMPO AND PERSTEMPO.

Section 136 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) The Under Secretary of Defense for Personnel and
Readiness is responsible, subject to the authority,
direction, and control of the Secretary of Defense, for the
monitoring of the operations tempo and personnel tempo of the
armed forces. The Under Secretary shall establish, to the
extent practicable, uniform standards within the Department
of Defense for terminology and policies relating to
deployment of units and personnel away from their assigned
duty stations (including the length of time units or
personnel may be away for such a deployment) and shall
establish uniform reporting systems for tracking
deployments.''.

SEC. 907. REPORT ON MILITARY SPACE ISSUES.

(a) Report.--The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
United States military space policy. The report shall address
current and projected United States efforts to fully exploit
space in preparation for possible conflicts in 2010 and
beyond. The report shall specifically address the following:
(1) The general organization of the Department of Defense
for addressing space issues, the functions of the various
Department of Defense and military agencies, components, and
elements with responsibility for military space issues, the
practical effect of creating a new

[[Page 12188]]

military service with responsibility for military operations
in space, and the advisability of establishing an Assistant
Secretary of Defense for Space.
(2) The manner in which current national military space
policy is incorporated into overall United States national
space policy.
(3) The manner in which the Department of Defense is
organized to develop doctrine for the military use of space.
(4) The manner in which military space issues are addressed
by professional military education institutions, to include a
listing of specific courses offered at those institutions
that focuses on military space policy.
(5) The manner in which space control issues are
incorporated into current and planned experiments and
exercises.
(6) The manner in which military space assets are being
fully exploited to provide support for United States
contingency operations.
(7) United States policy toward the use of commercial
launch vehicles and facilities for the launch of military
assets.
(8) The current interagency coordination process regarding
the operation of military space assets, including
identification of interoperability and communications issues.
(9) Policies and procedures for sharing missile launch
early warning data with United States allies and friendly
countries.
(10) Issues regarding the capability to detect threats to
United States space assets.
(11) The manner in which the presence of space debris is
expected to affect United States military space launch policy
and the future design of military spacecraft.
(12) Whether military space programs should be funded
separately from other service programs and whether the Global
Positioning System should be funded through a Defense-wide
appropriation account.
(b) Classification and Deadline for Report.--The report
required by subsection (a) shall be prepared in both
classified and unclassified form and shall be submitted not
later than March 1, 2000.

SEC. 908. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY
MEMBERS OF DEPARTMENT OF DEFENSE AFRICAN CENTER
FOR STRATEGIC STUDIES.

(a) Faculty.--Subsection (c) of section 1595 of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(6) The African Center for Strategic Studies.''.
(b) Director and Deputy Director.--Subsection (e) of such
section is amended by adding at the end the following new
paragraph:
``(4) The African Center for Strategic Studies.''.

SEC. 909. ADDITIONAL MATTERS FOR ANNUAL REPORT ON JOINT
WARFIGHTING EXPERIMENTATION.

Section 485(b) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(5) With respect to interoperability of equipment and
forces, any recommendations that the commander considers
appropriate, developed on the basis of joint warfighting
experimentation, for reducing unnecessary redundancy of
equipment 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.
``(6) Recommendations for mission needs statements and
operational requirements related to the joint experimentation
and evaluation process.
``(7) Recommendations based on the results of joint
experimentation for the relative priorities for acquisition
programs to meet joint requirements.''.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2000
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(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 from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
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).

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

(a) Status of Classified Annex.--The Classified Annex
prepared by the Committee on Armed Services of the House of
Representatives to accompany its report on the bill H.R. 1401
of the One Hundred Sixth Congress and transmitted to the
President is hereby incorporated into this Act.
(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
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and 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
branch of the Government.

SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY MILITARY
PERSONNEL APPROPRIATIONS.

There is authorized to be appropriated the amount of
$1,838,426,000 appropriated to the Department of Defense for
military personnel accounts in section 2012 of the 1999
Emergency Supplemental Appropriations Act.

SEC. 1004. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE
FOR THE DEPARTMENT OF DEFENSE.

Section 1405 of the Department of Defense Authorization
Act, 1986 (31 U.S.C. 1105 note), is repealed.

SEC. 1005. CONSOLIDATION OF VARIOUS DEPARTMENT OF THE NAVY
TRUST AND GIFT FUNDS.

(a) Consolidation of Naval Academy General Gift Fund and
Museum Fund.--(1) Subsection (a) of section 6973 of title 10,
United States Code, is amended to read as follows:
``(a)(1) The Secretary of the Navy may accept, hold,
administer, and spend gifts and bequests of personal
property, and loans of personal property other than money,
made on the condition that the personal property be used for
the benefit of, or in connection with, the Naval Academy or
the Naval Academy Museum, its collection, or its services.
``(2) Gifts or bequests of money, and the proceeds from the
sales of property received as a gift or bequest, shall be
deposited in the Treasury in the fund called `United States
Naval Academy Gift and Museum Fund'. The Secretary may
disburse funds deposited under this paragraph for the benefit
or use of the Naval Academy or the Naval Academy Museum
subject to the terms of the gift or bequest.''.
(2) Subsection (c) of such section is amended by striking
``United States Naval Academy general gift fund'' both places
it appears and inserting ``United States Naval Academy Gift
and Museum Fund''.
(3) Such section is further amended by adding at the end
the following new subsection:
``(d) The Secretary shall develop written guidelines to be
used in determining whether the acceptance of money, personal
property, or loans of personal property under subsection (a)
would--
``(1) reflect unfavorably upon the ability of the
Department of the Navy to carry out its responsibilities in a
fair and objective manner;
``(2) reflect unfavorably upon the ability of any employee
of the Department of the Navy to carry out the employee's
official duties in a fair and objective manner; or
``(3) compromise the integrity, or the appearance of the
integrity, of Navy programs or any employee involved in such
programs.''.
(b) Repeal of Naval Academy Museum Fund.--Section 6974 of
title 10, United States Code, is repealed.
(c) Repeal of Naval Historical Center Fund.--Section 7222
of such title is repealed.
(d) Transfer of Funds.--The Secretary of the Navy shall
transfer--
(1) all funds in the United States Naval Academy Museum
Fund as of the date of the enactment of this Act to the
United States Naval Academy Gift and Museum Fund established
by section 6973(a) of title 10, United States Code, as
amended by subsection (a); and
(2) all funds in the Naval Historical Center Fund as of the
date of the enactment of this Act to the Department of the
Navy General Gift Fund established by section 2601(b)(2) of
such title.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 603 of title 10, United States Code, is
amended by striking the item relating to section 6974.
(2) The table of sections at the beginning of chapter 631
of such title is amended by striking the item relating to
section 7222.

SEC. 1006. BUDGETING FOR OPERATIONS IN YUGOSLAVIA.

(a) In General.--None of the funds appropriated pursuant to
the authorizations of appropriations in this Act may be used
for the conduct of combat or peacekeeping operations in the
Federal Republic of Yugoslavia.
(b) Supplemental Appropriations Request for Operations in
Yugoslavia.--If the President determines that it is in the
national security interest of the United States to conduct
combat or peacekeeping operations in the Federal Republic of
Yugoslavia during fiscal year 2000, the President shall
transmit to the Congress a supplemental appropriations
request for the Department of Defense for such amounts as are
necessary for the costs of any such operation.

[[Page 12189]]

Subtitle B--Naval Vessels and Shipyards

SEC. 1011. REVISION TO CONGRESSIONAL NOTICE-AND-WAIT PERIOD
REQUIRED BEFORE TRANSFER OF A VESSEL STRICKEN
FROM THE NAVAL VESSEL REGISTER.

Section 7306(d) of title 10, United States Code, is amended
to read as follows:
``(d) Congressional Notice-and-Wait Period.--(1) A transfer
under this section may not take effect until--
``(A) the Secretary submits to Congress notice of the
proposed transfer; and
``(B) 30 days of session of Congress have expired following
the date on which the notice is sent to 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; and
``(B) any day on which either House of Congress is not in
session because of an adjournment of more than 3 days to a
day certain, or because of an 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. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER NAVAL
VESSEL.

(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
exercise the authority under subsection (a) unless the USS
LST Memorial, Inc. agrees--
(1) to use the vessel for public, nonprofit, museum-related
purposes; and
(2) to comply with applicable law with respect to the
vessel, including those requirements related to facilitating
monitoring by the United States of, and mitigating potential
environmental hazards associated with, aging vessels, and has
a demonstrated financial capability to so comply.

SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE
REQUIREMENTS.

(a) Requirement.--Not later than February, 1, 2000, the
Secretary of Defense shall submit to the Committee on Armed
Service of the Senate and the Committee on Armed Services of
the House of Representatives a report on naval vessel force
structure requirements.
(b) Matters To Be Included.-- The report shall provide--
(1) a statement of the naval vessel force structure
required to carry out the National Military Strategy,
including that structure required to meet joint and combined
warfighting requirements and missions relating to crisis
response, overseas presence, and support to contingency
operations; and
(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 future-years defense program.

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:

``Sec. 7233. Auxiliary vessels: extended lease authority

``(a) Authorized Contracts.--After September 30, 1999, the
Secretary of the Navy, subject to subsection (b), may enter
into contracts with private United States shipyards for the
construction of new surface vessels to be long-term leased by
the United States from the shipyard or other private person
for any of the following:
``(1) The combat logistics force of the Navy.
``(2) The strategic sealift force of the Navy.
``(3) Other auxiliary support vessels for the Department of
Defense.
``(b) Contracts Required To Be Authorized by Law.--A
contract may be entered into under subsection (a) with
respect to a specific vessel only if the Secretary is
specifically authorized by law to enter into such a contract
with respect to that vessel.
``(c) Funds for Contract Payments.--The Secretary may make
payments for contracts entered into under subsection (a) and
under subsection (g) using funds available for obligation
from operation and maintenance accounts during the fiscal
year for which the payments are required to be made. Any such
contract shall provide that the United States is not required
to make a payment under the contract (other than a
termination payment, if required) before October 1, 2001.
``(d) 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.
``(e) Option To Buy.--A contract entered into under
subsection (a) may include options for the United States to
purchase one or more of the vessels covered by the contract
at any time during, or at the end of, the contract period
(including any option period) upon payment of an amount equal
to the lesser of (1) the unamortized portion of the cost of
the vessel plus amounts incurred in connection with the
termination of the financing arrangements associated with the
vessel, or (2) the fair market value of the vessel.
``(f) Domestic Construction.--The Secretary shall require
in any contract entered into under this section that each
vessel to which the contract applies--
``(1) shall have been constructed in a shipyard within the
United States; and
``(2) upon delivery, shall be documented under the laws of
the United States.
``(g) Vessel Operation.--(1) The Secretary shall operate a
vessel held by the Secretary under a long-term lease under
this section through a contract with a United States
domiciled corporation with experience in the operation of
vessels for the United States. Any such contract shall be for
a term as determined by the Secretary.
``(2) The Secretary may provide a crew for any such vessel
using civil service mariners only after an evaluation and
competition taking into account--
``(A) the fully burdened cost of a civil service crew over
the expected useful life of the vessel;
``(B) the effect on the private sector manpower pool; and
``(C) the operational requirements of the Department of the
Navy.
``(h) Contingent Waiver of Other Provisions of Law.--A
contract authorized by this section may be entered into
without regard to section 2401 or 2401a of this title if the
Secretary of Defense makes the following findings with
respect to that contract:
``(1) The need for the vessels or services to be provided
under the contract is expected to remain substantially
unchanged during the contemplated contract or option period.
``(2) There is a reasonable expectation that throughout the
contemplated contract or option period the Secretary of the
Navy (or, if the contract is for services to be provided to,
and funded by, another military department, the Secretary of
that military department) will request funding for the
contract at the level required to avoid contract
cancellation.
``(3) The use of such contract or the exercise of such
option is in the interest of the national defense.
``(i) Source of Funds for Termination Liability.--If a
contract 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
maintenance 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
subparagraph (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 large medium-speed roll-on/roll-off ship.
``(G) A combat logistics force ship.
``(H) Any other auxiliary support vessel.''.

SEC. 1015. AUTHORITY TO PROVIDE ADVANCE PAYMENTS FOR THE
NATIONAL DEFENSE FEATURES PROGRAM.

(a) In General.--Section 2218 of title 10, United States
Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k)(1) The Secretary of Defense, after making a
determination of economic soundness for any proposed offer,
may provide advance payments to a contractor by lump sum or
annual payments (or a combination thereof) for the following
costs associated with inclusion or incorporation of defense
features in a commercial vessel:
``(A) Costs to build, procure, and install the defense
features in the vessel.
``(B) Costs to periodically maintain and test the defense
features on the vessel.
``(C) Any increased costs of operation or any loss of
revenue attributable to the inclusion or incorporation of the
defense feature on the vessel.
``(D) Any additional costs associated with the terms and
conditions of the contract to install and incorporate defense
features.
``(2) For any contract under which the United States
provides advance payments under paragraph (1) for the costs
associated with incorporation or inclusion of defense
features in a commercial vessel, the contractor shall provide
to the United States such security interests, which may
include a preferred mortgage under section 31322 of title 46,
on the vessel as the Secretary may prescribe to project the
interests of the United States relating to all costs
associated with incorporation or inclusion of defense
features in such vessel or vessels.
``(3) The functions of the Secretary under this subsection
may not be delegated to an officer or

[[Page 12190]]

employee in a position below the head of the procuring
activity, as defined in section 2304(f)(6)(A) of this
title.''.
(b) Effective Date.--Subsection (j) of section 2218 of
title 10, United States Code, as added by subsection (a),
shall apply to contracts entered into after September 30,
1999.

Subtitle C--Matters Relating to Counter Drug Activities

SEC. 1021. SUPPORT FOR DETECTION AND MONITORING ACTIVITIES IN
THE EASTERN PACIFIC OCEAN.

(a) Operation Caper Focus.--Of the amount authorized to be
appropriated by section 301(20) for drug interdiction and
counter-drug activities, $6,000,000 shall be available for
the purpose of conducting the counter-drug operation known as
Caper Focus, which targets the maritime movement of cocaine
on vessels in the eastern Pacific Ocean.
(b) Funds for Conversion of Wide Aperture Radar Facility to
Operational Status.--Of the amount authorized to be
appropriated by such section, $17,500,000 shall be available
for the purpose of--
(1) converting the Over-The-Horizon Radar facility known as
the Wide Aperture Radar Facility in southern California from
a research to operational status; and
(2) using the facility on a full-time basis to detect and
track both air and maritime drug traffic in the eastern
Pacific Ocean and to monitor the international border in the
southwestern United States.
(c) Contribution of Assets.--The Secretary of the Air Force
shall make available for use at the Wide Aperture Radar
Facility described in subsection (b) two OTH-B Continental
100 KW transmitters and necessary spare parts to ensure the
conversion of the facility to operational status.
(d) Test Against Go-Fast Boats.--As part of the conversion
of the Wide Aperture Radar Facility described in subsection
(b) to operational status, the Secretary of Defense shall
evaluate the ability of the facility to detect and track the
high-speed maritime vessels typically used in the
transportation of illegal drugs by water.
(e) Progress Report.--Not later than April 15, 2000, the
Secretary of Defense shall submit a report to Congress
evaluating the effectiveness of the Wide Aperture Radar
Facility described in subsection (b) in counter-drug
detection monitoring and border surveillance.

SEC. 1022. CONDITION ON DEVELOPMENT OF FORWARD OPERATING
LOCATIONS FOR UNITED STATES SOUTHERN COMMAND
COUNTER-DRUG DETECTION AND MONITORING FLIGHTS.

None of the funds appropriated or otherwise made available
to the Department of Defense for any fiscal year may be
obligated or expended for the purpose of improving the
physical infrastructure at any proposed forward 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.

SEC. 1023. UNITED STATES MILITARY ACTIVITIES IN COLOMBIA.

Section 1033(f) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 U.S.C. 1881) is
amended--
(1) by redesignating paragraph (4) as paragraph (5) and, in
such paragraph, by striking ``National Security'' and
inserting ``Armed Services''; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Not later than January 1 of each year, the Secretary
shall submit to the congressional committees a report
detailing the number of United States military personnel
deployed or otherwise assigned to duty in Colombia at any
time during the preceding year, the length and purpose of the
deployment or assignment, and the costs and force protection
risks associated with such deployments and assignments.''.

Subtitle D--Other Matters

SEC. 1031. IDENTIFICATION 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 at the end the following new
section:

``Sec. 229. Amounts for declassification of records

``(a) Specific Identification in Budget.--The Secretary of
Defense shall include in the budget justification 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
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
12958 (50 U.S.C. 435 note), or any successor Executive order,
or to comply with any statutory requirement to declassify
Government records.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``229. Amounts for declassification of records.''.
(b) Limitation on Expenditures.--The total amount expended
by the Department of Defense during fiscal year 2000 to carry
out activities to declassify records pursuant to Executive
Order 12958 (50 U.S.C. 435 note), or any successor Executive
order, or to comply with any statutory requirement to
declassify Government records may not exceed $20,000,000.

SEC. 1032. NOTICE TO CONGRESSIONAL COMMITTEES OF COMPROMISE
OF CLASSIFIED INFORMATION WITHIN DEFENSE
PROGRAMS OF THE UNITED STATES.

(a) In General.--The Secretary of Defense shall notify the
committees specified in subsection (c) of any information,
regardless of its origin, that the Secretary receives that
indicates that classified information relating to any defense
operation, system, or technology of the United States is
being, or may have been, disclosed in an unauthorized manner
to a foreign power or an agent of a foreign power.
(b) Manner of Notification.--A notification under
subsection (a) shall be provided, in writing, not later than
30 days after the date of the initial receipt of such
information by the Department of Defense.
(c) Specified Committees.--The committees referred to in
subsection (a) are the Committee on Armed Services of the
Senate and the Committee on Armed Service of the House of
Representatives.
(d) Foreign Power.--For purposes of this section, the terms
``foreign power'' and ``agent of a foreign power'' have the
meanings given those terms in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. 1033. REVISION TO LIMITATION ON RETIREMENT OR
DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.

(a) Revised Limitation.--Subsections (a) and (b) of section
1302 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85) are amended to read as follows:
``(a) Funding Limitation.--(1) Except as provided in
paragraph (2), funds available to the Department of 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) shall cease to apply
upon a certification by the President to Congress of the
following:
``(A) That the effectiveness of the United States strategic
deterrent will not be decreased by reductions in strategic
nuclear delivery systems.
``(B) That the requirements of the Single Integrated
Operational 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.
``(3) If the Presidents submits the certification described
in paragraph (2), then effective upon the submission of that
certification, funds available to the Department of Defense
may not be obligated or expended to maintain a United States
force structure of strategic nuclear delivery systems with a
total capacity in warheads that is less than 98 percent of
the 6,000 warhead limitation applicable to the United States
and in effect under the Strategic Arms Reduction Treaty.
``(b) Waiver Authority.--If the START II treaty enters into
force, the President may waive the application of the
limitation in effect under paragraph (1) or (3) of subsection
(a), as the case may be, to the extent that the President
determines such a waiver to be necessary in order to
implement the treaty.''.
(b) Covered Systems.--(1) Subsection (e) of such section is
amended to read as follows:
``(e) Strategic Nuclear Delivery Systems Defined.--For
purposes of this section, the term `strategic nuclear
delivery systems' means the following:
``(1) B-52H bomber aircraft.
``(2) Trident ballistic missile submarines.
``(3) Minuteman III intercontinental ballistic missiles.
``(4) Peacekeeper intercontinental ballistic missiles.''.
(2) Subsection (c)(2) of such section is amended by
striking ``specified in subsection (a)''.
(c) 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. 1034. ANNUAL REPORT BY CHAIRMAN OF JOINT CHIEFS OF STAFF
ON THE RISKS IN EXECUTING THE MISSIONS CALLED
FOR UNDER THE NATIONAL MILITARY STRATEGY.

Section 153 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Risks Under National Military Strategy.--(1) Not
later than January 1 each year, the Chairman shall submit to
the Secretary of Defense a report providing the Chairman's
assessment of the nature and magnitude of the strategic and
military risks associated with executing the missions called
for under the current National Military Strategy.
``(2) The Secretary shall forward the report received under
paragraph (1) in any year, with the Secretary's comments
thereon (if any), to Congress with the Secretary's next
transmission

[[Page 12191]]

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 missions 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.''.

SEC. 1035. REQUIREMENT TO ADDRESS UNIT OPERATIONS TEMPO AND
PERSONNEL TEMPO IN DEPARTMENT OF DEFENSE ANNUAL
REPORT.

(a) Reporting Requirements.--Chapter 23 of title 10, United
States Code, is amended by adding at the end the following
new section:

``Sec. 486. Unit operations tempo and personnel tempo: annual
report

``(a) Inclusion in Annual Report.--The Secretary of Defense
shall include in the annual report required by section 113(c)
of this title a description of the operations tempo and
personnel tempo of the armed forces.
``(b) Specific Reporting Requirements.--To satisfy
subsection (a), the report shall include the following:
``(1) A description of the methods by which each of the
armed forces measures operations tempo and personnel tempo.
``(2) A description of the personnel tempo policies of each
of the armed forces and any changes to these policies since
the preceding report.
``(3) A table depicting the active duty end strength for
each of the armed forces for each of the preceding five years
and also depicting the number of members of each of the armed
forces deployed over the same period, as determined by the
Secretary concerned.
``(4) An identification of the active and reserve component
units of the armed forces participating at the battalion,
squadron, or an equivalent level (or a higher level) in
contingency operations, major training events, and other
exercises and contingencies of such a scale that the
exercises and contingencies receive an official designation,
that were conducted during the period covered by the report
and the duration of their participation.
``(5) For each of the armed forces, the average number of
days a member of that armed force was 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 number of days that
high demand, low density units (as defined by the Chairman of
the Joint Chiefs of Staff) were deployed during the period
covered by the report, and whether these units met the force
goals for limiting deployments, as described in the personnel
tempo policies applicable to that armed force.
``(c) Definitions.--In this section:
``(1) The term `operations tempo' means the rate at which
units of the armed forces are involved in all military
activities, including contingency operations, exercises, and
training deployments.
``(2) The term `personnel tempo' means the amount of time
members of the armed forces are engaged in their official
duties, including the rate at which members are required, as
a result of these duties, to spend nights away from home.
``(3) The term `armed forces' does not include the Coast
Guard when it is not operating as a service in the Department
of the Navy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``486. Unit operations tempo and personnel tempo: annual report.''.

SEC. 1036. 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 provisions of law:
(1) The following sections of title 10, United States Code:
sections 113, 115a, 116, 139(f), 221, 226, 401(d), 667,
2011(e), 2391(c), 2431(a), 2432, 2457(d), 2537, 2662(b),
2706(b), 2861, 2902(g)(2), 4542(g)(2), 7424(b), 7425(b),
10541, 10542, and 12302(d).
(2) Sections 301a(f) and 1008 of title 37, United States
Code.
(3) Sections 11 and 14 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h-2, 98h-5).
(4) Section 4(a) of Public Law 85-804 (50 U.S.C. 1434(a)).
(5) Section 10(g) of the Military Selective Service Act (50
U.S.C. App. 460(g)).
(6) Section 3134 of the National Defense Authorization Act,
Fiscal Year 1991 (42 U.S.C. 7274c).
(7) Section 822(b) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (42 U.S.C. 6687(b)).
(8) Section 1097 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note).
(9) Sections 208, 901(b)(2), and 1211 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291).
(10) Section 12 of the Act of March 9, 1920 (popularly
known as the ``Suits in Admiralty Act'') (46 App. U.S.C.
752).

SEC. 1037. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 136(a) is amended by inserting ``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 semicolon
at the end of clause (i).
(5) Section 664(i)(2)(A) is amended by striking ``the date
of the enactment of this subsection'' and inserting
``February 10, 1996''.
(6) Section 777(d)(1) is amended by striking ``may not
exceed'' and all that follows and inserting ``may not exceed
35.''.
(7) Section 977(d)(2) is amended by striking ``the lesser
of'' and all that follows through ``(B)''.
(8) Section 1073 is amended by inserting ``(42 U.S.C. 14401
et seq.)'' before the period at the end of the second
sentence.
(9) Section 1076a(j)(2) is amended by striking ``1 year''
and inserting ``one year''.
(10) Section 1370(d) is amended--
(A) in paragraph (1), by striking ``chapter 1225'' and
inserting ``chapter 1223''; and
(B) in paragraph (5), by striking ``the date of the
enactment of this paragraph'' and inserting ``October 17,
1998,''.
(11) Section 1401a(b)(2) is amended--
(A) by striking ``members'' and all that follows through
``The Secretary shall'' and inserting ``members.--The
Secretary shall'';
(B) by striking subparagraphs (B) and (C); and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B) and realigning those subparagraphs, as so
redesignated, so as to be indented four ems from the left
margin.
(12) Section 1406(i)(2) is amended by striking ``on or
after the date of the enactment of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999'' and
inserting ``after October 16, 1998''.
(13) Section 1448(b)(3)(E)(ii) is amended by striking ``on
or after the date of the enactment of the subparagraph'' and
inserting ``after October 16, 1998,''.
(14) Section 1501(d) is amended by striking ``prescribed''
in the first sentence and inserting ``described''.
(15) Section 1509(a)(2) is amended by striking ``the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1998'' in subparagraphs (A) and (B) and
inserting ``November 18, 1997,''.
(16) 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''.
(17) Section 2208(l)(2)(A) is amended by inserting ``of''
after ``during a period''.
(18) Section 2212(f) is amended--
(A) in paragraphs (2) and (3), by striking ``after the date
of the enactment of this section'' and inserting ``after
October 17, 1998,''; and
(B) in paragraphs (2), (3) and (4), by striking ``as of the
date of the enactment of this section'' and inserting ``as of
October 17, 1998''.
(19) Section 2302c(b) is amended by striking ``section
2303'' and inserting ``section 2303(a)''.
(20) Section 2325(a)(1) is amended by inserting ``that
occurs after November 18, 1997,'' after ``of the contractor''
in the matter that precedes subparagraph (A).
(21) Section 2469a(c)(3) is amended by striking ``the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1998'' and inserting ``November 18, 1997''.
(22) 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,''.
(23) Section 2492(b) is amended by striking ``the date of
the enactment of this section'' and inserting ``October 17,
1998''.
(24) Section 2539b(a) is amended by striking ``secretaries
of the military departments'' and inserting ``Secretaries of
the military departments''.
(25) Section 2641a is amended--
(A) by striking ``, United States Code,'' in subsection
(b)(2); and
(B) by striking subsection (d).
(26) Section 2692(b) is amended--
(A) by striking ``apply to--'' in the matter preceding
paragraph (1) and inserting ``apply to the following:'';
(B) by striking ``the'' at the beginning of each of
paragraphs (1) through (11) and 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.
(27) 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
paragraph (1)'' and inserting ``referred to in subsection
(a)''; and
(C) in subsection (e)(4), by striking ``the date of
enactment of the National Defense Authorization Act for
Fiscal Year 1998'' and inserting ``November 18, 1997''.
(28) Section 2703(c) is amended by striking ``United States
Code,''.

[[Page 12192]]

(29) Section 2837(d)(2)(C) is amended by striking ``the
National Defense Authorization Act for Fiscal Year 1996'' and
inserting ``this section''.
(30) Section 7315(d)(2) is amended by striking ``the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1998'' and inserting ``November 18, 1997,''.
(31) Section 7902(e)(5) is amended by striking ``, United
States Code,''.
(32) The item relating to section 12003 in the table of
sections at the beginning of chapter 1201 is amended by
inserting ``in an'' after ``officers''.
(33) Section 14301(g) is amended by striking ``1 year''
both places it appears and inserting ``one year''.
(34) Section 16131(b)(1) is amended by inserting ``in''
after ``Except as provided''
(b) Public Law 105-261.--Effective as of October 17, 1998,
and as if included therein as enacted, the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 1920 et seq.) is amended as
follows:
(1) Section 402(b) (112 Stat. 1996) is amended by striking
the third comma in the first quoted matter and inserting a
period.
(2) Section 511(b)(2) (112 Stat. 2007) is amended by
striking ``section 1411'' and inserting ``section 1402''.
(3) Section 513(a) (112 Stat. 2007) is amended by striking
``section 511'' and inserting ``section 512(a)''.
(4) Section 525(b) (112 Stat. 2014) is amended by striking
``subsection (i)'' and inserting ``subsection (j)''.
(5) Section 568 (112 Stat. 2031) is amended by striking
``1295(c)'' in the matter preceding paragraph (1) and
inserting ``1295b(c)''.
(6) Section 722(c)(1)(D) (112 Stat. 2067) is amended by
striking ``subsection (c)'' and inserting ``subsection (d)''.
(c) Public Law 105-85.--The National Defense 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
``to'' after ``with respect''.
(2) Section 563(b) (111 Stat. 1754) is amended by striking
``title'' and inserting ``subtitle''.
(3) Section 644(d)(2) (111 Stat. 1801) is amended by
striking ``paragraphs (3) and (4)'' and inserting
``paragraphs (7) and (8)''.
(4) Section 934(b) (111 Stat. 1866) is amended by striking
``of'' after ``matters concerning''.
(d) Other Laws.--
(1) Effective as of April 1, 1996, section 647(b) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 370) is amended by inserting
``of such title'' after ``Section 1968(a)''.
(2) Section 414 of the National Defense 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
subsection'' 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''.

SEC. 1038. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOWMENT FUND OF
UNITED SERVICE ORGANIZATIONS, INCORPORATED.

(a) Grants Authorized.--Subject to subsection (c), the
Secretary of Defense may make grants to the United Service
Organizations, Incorporated, a federally chartered
corporation under chapter 2201 of title 36, United States
Code, to contribute funds for the USO's Spirit of Hope
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 subsequent grants may not exceed $5,000,000.
(c) Matching Requirement.--Each grant under subsection (a)
may not be made until after the United Service Organizations,
Incorporated, certifies to the Secretary of Defense that
sufficient funds have been raised from non-Federal sources
for deposit in the Spirit of Hope Endowment Fund to match, on
a dollar-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).

SEC. 1039. CHEMICAL DEFENSE TRAINING FACILITY.

(a) Authority To Transfer Agents.--(1) The Secretary of
Defense may transfer to the Attorney General quantities of
non-stockpile lethal chemical agents required to support
training at the Chemical Defense Training Facility at the
Center for Domestic Preparedness in Fort McClellan, Alabama.
The quantity of non-stockpile lethal chemical agents that may
be transferred under this section may not exceed that
required to support training for emergency first-response
personnel in addressing the health, safety and law
enforcement concerns 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 non-stockpile
lethal chemical agents that shall be transferred under this
section. Such amount shall be transferred from quantities of
non-stockpile lethal chemical agents that are maintained by
the Department of Defense for research, development, test,
and evaluation of chemical defense material and for live-
agent training of chemical defense personnel and other
individuals by the Department of Defense.
(3) The Secretary of Defense may not transfer non-stockpile
lethal chemical agents under this section until--
(A) the Chemical Defense Training Facility referred to in
paragraph (1) is transferred from the Department of Defense
to the Department of Justice; and
(B) the Secretary certifies that the Attorney General is
prepared to receive such agents.
(4) Quantities of non-stockpile 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 Attorney General and the Administrator of
the Environmental Protection Agency, shall report annually to
Congress regarding the disposition of non-stockpile lethal
chemical agents transferred under this section.
(c) Non-Stockpile Lethal Chemical Agents.--In this section,
the term ``non-stockpile lethal chemical agents'' includes
those chemicals in the possession of the Department of
Defense that are not part of the chemical weapons stockpile
and that are applied to research, medical, pharmaceutical, or
protective purposes in accordance with Article VI of the
Conventional Weapons Convention Treaty.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

SEC. 1101. INCREASE OF PAY CAP FOR NONAPPROPRIATED FUND
SENIOR EXECUTIVE EMPLOYEES.

Section 5373 of title 5, United States Code, is amended--
(1) in the first sentence, by striking ``Except as
provided'' and inserting ``(a) Except as provided in
subsection (b) and''; and
(2) by adding at the end the following new 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. 1102. RESTORATION OF LEAVE FOR CERTAIN DEPARTMENT OF
DEFENSE EMPLOYEES WHO DEPLOY TO A COMBAT ZONE
OUTSIDE THE UNITED STATES.

Section 6304(d) of title 5, United States Code, is amended
by adding at the end the following new paragraph:
``(4)(A) For purposes of this subsection, the deployment of
an emergency essential employee of the Department of Defense
to a combat zone outside the United States shall be deemed an
exigency of the public business, and any leave that is lost
by an employee as a result of such deployment (regardless of
whether such leave was scheduled) shall be--
``(i) restored to the employee; and
``(ii) credited and available in accordance with paragraph
(2).
``(B) For purposes of this paragraph, the term `Department
of Defense emergency essential employee'--
``(i) means a civilian employee of the Department of
Defense, including a nonappropriated fund instrumentality
employee (as defined by section 1587(a)(1) of title 10) whose
assigned duties and responsibilities would be necessary
during a period that follows the evacuation of nonessential
personnel during a declared emergency or the outbreak of
combat operations or war; and
``(ii) includes an employee who is hired on a temporary or
permanent basis.''.

SEC. 1103. EXPANSION OF GUARD-AND-RESERVE PURPOSES FOR WHICH
LEAVE UNDER SECTION 6323 OF TITLE 5, UNITED
STATES CODE, MAY BE USED.

(a) In General.--Section 6323 of title 5, United States
Code, is amended in the first sentence by inserting ``,
inactive-duty training (as defined in section 101 of title
37),'' after ``active duty''.
(b) Applicability.--The amendment made by subsection (a)
shall not apply with respect to

[[Page 12193]]

any inactive-duty training (as defined in such amendment)
occurring before the date of the enactment of this Act.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

SEC. 1201. REPORT ON STRATEGIC STABILITY UNDER START III.

(a) Report.--Not later than September 1, 2000, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Service of
the House of Representatives a report, to be prepared by the
Defense Science Board in consultation with the Director of
Central Intelligence, on the strategic stability of the
future nuclear balance between (1) the United States, and (2)
Russia and other potential nuclear adversaries.
(b) Matters To Be Included.--The Secretary shall include in
the report the following:
(1) The policy guidance defining the military-political
objectives of the United States against potential nuclear
adversaries under various nuclear conflict scenarios.
(2) The target sets and damage goals of the United States
against potential nuclear adversaries under various nuclear
conflict scenarios and how those target sets and damage goals
relate to the achievement of the military-political
objectives identified under paragraph (1).
(3) The strategic nuclear force posture of the United
States and of Russia that may emerge under a further
Strategic Arms Reduction Treaty (referred to as ``START
III'') and how capable the United States forces envisioned
under that posture would be for the achievement of the damage
goals and the military objectives against potential nuclear
adversaries referred to in paragraphs (1) and (2).
(4) The Secretary's assessment of (A) whether Russian
strategic forces under a START III treaty would, or would
not, likely be smaller, more vulnerable, and less capable of
launch-on-tactical-warning than at present, and (B) in light
of such assessment, whether incentives for Russia to carry
out a first strike against the United States during a future
crisis probably would, or would not, be greater than at
present under a START III treaty.
(5) The Secretary's assessment of (A) whether China and so-
called nuclear rogue states probably will, or will not,
remain incapable in the foreseeable future of carrying out a
launch-on-tactical-warning and be more vulnerable to United
States conventional or nuclear attack than at present, and
(B) in light of such assessment, whether incentives for China
and nuclear rogue states to carry out a first strike against
the United States during a future crisis probably would, or
would not, be greater than at present.
(6) The Secretary's assessment of whether asymmetries
between the United States and Russia that are favorable to
Russia in active and passive defenses may be a significant
strategic advantage to Russia under a START III treaty.
(7) The Secretary's assessment of whether asymmetries
between the United States and Russia that are highly
favorable to Russia in tactical nuclear weapons might erode
strategic stability.
(8) The Secretary's assessment of whether a combination of
Russia and China against the United States in a nuclear
conflict could erode strategic stability under a START III
treaty.
(9) The Secretary's assessment of whether doctrinal
asymmetries between the United States and Russia, such as the
expansion by Russia of the warfighting role of nuclear
weapons while the United States is de-emphasizing the utility
and purpose of nuclear weapons, could erode strategic
stability.
(c) Classification.--The report shall be submitted in
classified form and, to the extent possible, in unclassified
form.

SEC. 1202. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION
AUTHORITIES FOR SUPPORT OF UNITED NATIONS
WEAPONS INSPECTION REGIME IN IRAQ.

Effective October 1, 1999, section 1505(f) of the Weapons
of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a(f))
is amended by striking ``1999'' and inserting ``2000''.

SEC. 1203. MILITARY-TO-MILITARY CONTACTS WITH CHINESE
PEOPLE'S LIBERATION ARMY.

(a) Principles for Military-to-Military Contacts.--(1) It
is the policy of the United States that military-to-military
contacts between the United States Armed Forces and the
People's Liberation Army of the People's Republic of China
should be based on the principles of reciprocity and
transparency and that those contacts should be managed within
the executive branch by the Department of Defense.
(2) For purposes of this section--
(A) reciprocity is measured by the frequency and purpose of
visits, the size of delegations, and similar measures; and
(B) transparency is measured by the degree of access to
facilities and installations, to military personnel and
units, and to exercises, and similar measures.
(b) Limitations.--The Secretary of Defense shall require
that members of the People's Liberation Army (when
participating in any such military-to-military contact or
otherwise) be excluded from the following:
(1) Inappropriate exposure (as determined by the Secretary)
to the operational capabilities of the Armed Forces,
including the following:
(A) Force projection.
(B) Nuclear operations.
(C) Advanced logistics.
(D) Chemical and biological defense and other capabilities
related to weapons of mass destruction.
(E) Intelligence, surveillance, and reconnaissance
operations.
(F) Joint warfighting experiments and other activities
related to a transformation in warfare.
(G) Military space operations.
(H) Other advanced capabilities of the Armed Forces.
(2) Arms sales or military-related technology transfers.
(3) Release of classified or restricted information.
(4) Access to a Department of Defense laboratory.
(c) Certification by Secretary.--The Secretary of Defense
may authorize military-to-military contacts with the People's
Liberation Army during any calendar year only after the
Secretary submits to the Committee on Armed Services of the
Senate and the Committee on Armed Service of the House of
Representatives, not earlier than one month before the
beginning of that year, a certification in writing that such
contacts during that year--
(1) will be conducted in a manner consistent with the
principles of reciprocity and transparency; and
(2) are in the national security interest of the United
States.
(d) Annual Report.--Not later than June 1 each year, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Service of
the House of Representatives a report providing the
Secretary's assessment of the current state of military-to-
military contacts with the People's Liberation Army. The
report shall include the following:
(1) A summary of all such military-to-military contacts
during the period since the last such report, including a
summary of topics discussed and questions asked by the
Chinese participants in those contacts.
(2) A description of the military-to-military contacts
scheduled for the next 12-month period and a five-year plan
for those contacts.
(3) The Secretary's assessment of the benefits the Chinese
expect to gain from those military-to-military contacts.
(4) The Secretary's assessment of the benefits the
Department of Defense expects to gain from those military-to-
military contacts.
(5) The Secretary's assessment of how military-to-military
contacts with the People's Liberation Army fit into the
larger security relationship between United States and the
People's Republic of China.

SEC. 1204. REPORT ON ALLIED CAPABILITIES TO 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 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 to
Congress not later than June 1, 2000.

SEC. 1205. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING
OPERATIONS FOR FISCAL YEAR 2000.

(a) Limitation.--(1) Of the amounts authorized to be
appropriated by section 301(24) of this Act for the Overseas
Contingency Operations Transfer Fund, no more than
$1,824,400,000 may be obligated for incremental costs of the
Armed Forces for Bosnia peacekeeping operations.
(2) The President may waive the limitation in 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 military
forces participating in, or

[[Page 12194]]

supporting, Bosnia peacekeeping operations for fiscal year
2000.
(iii) A discussion of the impact on the military readiness
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
Department of Defense for such amounts as are necessary for
the additional fiscal year 2000 costs associated with United
States military forces participating in, or supporting,
Bosnia peacekeeping operations.
(b) Bosnia Peacekeeping Operations Defined.--For the
purposes of this section, the term ``Bosnia peacekeeping
operations'' has the meaning given such term in section
1204(e) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2112).

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.

(a) Specification of CTR Programs.--For purposes of section
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).
(b) Fiscal Year 2000 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2000
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant 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, and any
other funds appropriated after the date of the enactment of
this Act, for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $444,100,000
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,
$43,000,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For security enhancements at chemical weapons storage
sites in Russia, $24,600,000.
(5) For weapons transportation security in Russia,
$15,200,000.
(6) For planning, design, and construction of a storage
facility for Russian fissile material, $60,900,000.
(7) For weapons storage security in Russia, $90,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $20,000,000.
(9) For biological weapons proliferation prevention
activities in Russia, $2,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $1,800,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2000 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2000 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is 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 or any subsequent fiscal
year for a purpose listed in any of the paragraphs in
subsection (a) in excess of the amount specifically
authorized for such purpose. However, the total amount
obligated for Cooperative Threat Reduction programs for such
fiscal year may not, by reason of the use of the authority
provided in the preceding sentence, exceed the total amount
authorized for such programs for such fiscal year.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in
any of paragraphs (3) through (10) of subsection (a) in
excess of 115 percent of the amount specifically authorized
for such purposes.

SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED
PURPOSES.

(a) In General.--No fiscal year 2000 Cooperative Threat
Reduction funds, and no funds appropriated for 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.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to 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 obligated or expended for the provision of
assistance to Russia or any other state of the former Soviet
Union to promote defense conversion.
(c) Limitation With Respect to Conventional Weapons.--No
fiscal year 2000 Cooperative Threat 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 elimination of conventional weapons or the
delivery vehicles of such weapons.

SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL
STORAGE FACILITY.

(a) Limitations on Use of Fiscal Year 2000 Funds.--No
fiscal year 2000 Cooperative Threat Reduction funds may be
used--
(1) for construction of a second wing for the storage
facility for Russian fissile material referred to in section
1302(6); or
(2) for design or planning with respect to such facility
until 15 days after the date that the Secretary of Defense
submits to Congress notification that Russia and the United
States have signed a written transparency agreement that
provides that the United States may verify that material
stored at the facility is of weapons origin.
(b) Limitation on Construction.--No funds appropriated for
Cooperative Threat Reduction programs may be used for
construction of the storage facility referred to in
subsection (a) until the Secretary of Defense submits to
Congress the following:
(1) A certification that additional capacity is necessary
at such facility for storage of Russian weapons-origin
fissile material.
(2) A detailed cost estimate for a second wing for the
facility.

SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION.

No fiscal year 2000 Cooperative Threat Reduction funds, and
no funds appropriated for Cooperative Threat Reduction
programs after the date of the enactment of this Act, may be
obligated or expended for planning, design, or construction
of a chemical weapons destruction facility in Russia.

SEC. 1306. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS
PROLIFERATION PREVENTION ACTIVITIES.

No fiscal year 2000 Cooperative Threat Reduction funds may
be obligated or expended for biological weapons proliferation
prevention activities in Russia until the Secretary of
Defense submits to the congressional defense committees the
reports described in sections 1305 and 1308 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2164, 2166).

SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
REPORT AND MULTIYEAR PLAN.

No fiscal year 2000 Cooperative Threat Reduction funds may
be obligated or expended until the Secretary of Defense
submits to Congress--
(1) a report describing--
(A) with respect to each purpose listed in section 1302,
whether the Department of Defense is the appropriate
executive agency to carry out Cooperative Threat Reduction
programs for such purpose, and if so, why; and
(B) for any purpose that the Secretary determines is not
appropriately carried out by the Department of Defense, a
plan for migrating responsibility for carrying out such
purpose to the appropriate agency; and
(2) an updated version of the multiyear plan for fiscal
year 2000 required to be submitted under section 1205 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2883).

SEC. 1308. REQUIREMENT TO SUBMIT REPORT.

Not later than December 31, 1999, the Secretary of Defense
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
programs to contribute financially to the threat reduction
effort;
(2) a prioritization of the projects carried out by the
Department of Defense under Cooperative Threat Reduction
programs; and
(3) an identification of any limitations that the United
States has imposed or will seek to impose, either
unilaterally or through negotiations with recipient states,
on the level of assistance provided by the United States for
each of such projects.

SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.

Not later than December 31, 1999, the President shall
submit to Congress a report on the Expanded Threat Reduction
Initiative. Such report shall include a description of the
plans for

[[Page 12195]]

ensuring effective coordination between executive agencies in
carrying out the Expanded Threat Reduction Initiative to
minimize duplication of efforts.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2000''.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
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:

Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Redstone Arsenal......... $9,800,000
Alaska....................... Fort Richardson.......... $14,600,000
Fort Wainwright.......... $32,500,000
California................... Fort Irwin............... $32,400,000
Presidio of Monterey..... $7,100,000
Colorado..................... Fort Carson.............. $4,400,000
Peterson Air Force Base.. $25,000,000
District of Columbia......... Fort McNair.............. $1,250,000
Walter Reed Medical $6,800,000
Center.
Georgia...................... Fort Benning............. $48,400,000
Fort Stewart............. $71,700,000
Hawaii....................... Schofield Barracks....... $95,000,000
Kansas....................... Fort Leavenworth......... $34,100,000
Fort Riley............... $3,900,000
Kentucky..................... Blue Grass Army Depot.... $6,000,000
Fort Campbell............ $39,900,000
Fort Knox................ $1,300,000
Louisiana.................... Fort Polk................ $6,700,000
Maryland..................... Fort Meade............... $22,450,000
Massachusetts................ Westover Air Reserve Base $4,000,000
Missouri..................... Fort Leonard Wood........ $27,100,000

New York..................... Fort Drum................ $23,000,000
North Carolina............... Fort Bragg............... $125,400,000
Sunny Point Military $3,800,000
Ocean Terminal..........
Oklahoma..................... Fort Sill................ $33,200,000
McAlester Army Ammunition $16,600,000
Pennsylvania................. Carlisle Barracks........ $5,000,000
Letterkenny Army Depot... $3,650,000
South Carolina............... Fort Jackson............. $7,400,000
Texas........................ Fort Bliss............... $52,350,000
Fort Hood................ $84,500,000
Virginia..................... Fort Belvoir............. $3,850,000
Fort Eustis.............. $43,800,000
Fort Myer................ $2,900,000
Fort Story............... $8,000,000
Washington................... Fort Lewis............... $23,400,000
CONUS Various................ CONUS Various............ $36,400,000
---------------
Total.................. $967,550,000
------------------------------------------------------------------------

(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 military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany...................... Ansbach.................. $21,000,000
Bamberg.................. $23,200,000
Mannheim................. $4,500,000
Korea........................ Camp Casey............... $31,000,000
Camp Howze............... $3,050,000
Camp Stanley............. $3,650,000
---------------
Total.................. $86,400,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army 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:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Humphreys........... 60 Units..................... $24,000,000

Virginia.............................. Fort Lee................. 97 Units..................... $16,500,000
---------------
Total...................... $40,500,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carryout
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.

[[Page 12196]]

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations 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
appropriated 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 $2,384,417,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $879,550,000.
(2) For the military construction projects outside the
United States authorized by section 2101(b), $86,400,000.
(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
construction design under section 2807 of title 10, United
States Code, $87,205,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$80,200,000.
(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, Kansas, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat.
1967), $18,800,000.
(7) For the construction of the force XXI soldier
development center, Fort Hood, Texas, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat.
1966), $14,000,000.
(8) For the construction of the railhead facility, Fort
Hood, Texas, authorized in section 2101(a) of the Military
Construction Authorization Act for 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,
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), $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 Public 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 authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be 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,
Washington); and
(5) $10,100,000 (the balance of the amount authorized under
section 2101(a) for the construction of a tactical equipment
shop at Fort Sill, Oklahoma).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (12) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs reduced by $7,750,000, which
represents the combination of project savings in military
construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts 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 Installation or location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $24,220,000
Yuma. $7,560,000
Navy Detachment, Camp
Navajo.
California................... Marine Corps Air-Ground $34,760,000
Combat Center,
Twentynine Palms........
Marine Corps Base, Camp $38,460,000
Pendleton.
Marine Corps Logistics $4,670,000
Base, Barstow.
Marine Corps Recruit $3,200,000
Depot, San Diego........
Naval Air Station, $24,020,000
Lemoore.
Naval Air Station, North $54,420,000
Island.
Naval Air Warfare Center, $4,000,000
China Lake.
Naval Air Warfare Center, $7,070,000
Corona.
Naval Air Warfare Center, $6,190,000
Point Magu.
Naval Hospital, San Diego $21,590,000
Naval Hospital, $7,640,000
Twentynine Palms.
Naval Postgraduate School $5,100,000
Florida...................... Naval Air Station, $5,350,000
Whiting Field, Milton...
Naval Station, Mayport... $9,560,000
Georgia...................... Marine Corps Logistics $6,260,000
Base, Albany.
Hawaii....................... Marine Corps Air Station, $5,790,000
Kaneohe Bay.............
Naval Shipyard, Pearl $10,610,000
Harbor.
Naval Station, Pearl $18,600,000
Harbor.
Naval Submarine Base, $29,460,000
Pearl Harbor.
Idaho........................ Naval Surface Warfare $10,040,000
Center, Bayview.........
Illinois..................... Naval Training Center, $57,290,000
Great Lakes.
Indiana...................... Naval Surface Warfare $7,270,000
Center, Crone...........
Maine........................ Naval Air Station, $16,890,000
Brunswick.
Maryland..................... Naval Air Warfare Center, $4,560,000
Patuxent River..........
Naval Surface Warfare $10,070,000
Center, Indian Head.....
Mississippi.................. Naval Air Station, $7,280,000
Meridian................
Naval Construction $19,170,000
Battalion Center
Gulfport................
Nevada....................... Naval Air Station, Fallon $7,000,000
New Jersey................... Naval Air Warfare Center $15,710,000
Aircraft Division,
Lakehurst...............
North Carolina............... Marine Corps Air Station, $5,470,000
New River. $21,380,000
Marine Corps Base, Camp
Lejeune.
Pennsylvania................. Navy Ships Parts Control $2,990,000
Center, Mechanicsburg...
Norfolk Naval Shipyard $13,320,000
Detachment, Philadelphia.
South Carolina............... Naval Weapons Station, $7,640,000
Charleston. $18,290,000
Marine Corps Air Station,
Beaufort.
Texas........................ Naval Station, Ingleside. $11,780,000
Virginia..................... Marine Corps Combat $20,820,000
Development Command,
Quantico................

[[Page 12197]]

Naval Air Station, Oceana $11,490,000
Naval Shipyard, Norfolk.. $17,630,000
Naval Station, Norfolk... $69,550,000
Naval Weapons Station, $25,040,000
Yorktown.
Tactical Training Group $10,310,000
Atlantic, Dam Neck......
Washington................... Naval Ordnance Center $3,440,000
Pacific Division
Detachment, Port Hadlock
Naval Undersea Warfare $6,700,000
Center, Keyport.........
Puget Sound Naval $15,610,000
Shipyard, Bremerton.....
Strategic Weapons $6,300,000
Facility Pacific,
Bremerton...............
---------------
Total.................. $751,570,000
------------------------------------------------------------------------

(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 military 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 Installation or location Amount
------------------------------------------------------------------------
Bahrain...................... Administrative Support $83,090,000
Unit,.
Diego Garcia................. Naval Support Facility, $8,150,000
Diego Garcia.
Greece....................... Naval Support Activity, $6,380,000
Souda Bay.
Italy........................ Naval Support Activity, $26,750,000
Naples.
---------------
Total.................. $124,370,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated 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 installations, for the purposes, and in
the amounts set forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Hawaii.................................. Marine Corps Air Station, 100 Units.................. $26,615,000
Kaneohe Bay...............
Naval Base Pearl Harbor.... 133 Units.................. $30,168,000
Naval Base Pearl Harbor.... 96 Units................... $19,167,000
-------------
Total.................... $75,950,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriation 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 units in an amount not
to exceed $17,715,000.

SEC. 2203. 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 appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $162,350,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) In General.--Funds are hereby authorized to be
appropriated 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 $2,084,107,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $737,910,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $124,370,000.
(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
construction design under section 2807 of title 10, United
States Code, $70,010,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$256,015,000.
(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 berthing wharf, Naval Station
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. 2189),
$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 authorized 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); and
(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).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs reduced by $19,300,000, which
represents the combination of project savings in military
construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.

SEC. 2205. 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.

SEC. 2206. CORRECTION IN AUTHORIZED USE OF FUNDS, MARINE
CORPS COMBAT DEVELOPMENT COMMAND, QUANTICO,
VIRGINIA.

The Secretary of the Navy may carry out a military
construction project involving infrastructure development at
the Marine Corps Combat Development Command, Quantico,
Virginia, in the amount of $8,900,000, using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2769) for a military construction
project involving a sanitary landfill at that installation,
as authorized by section 2201(a) of that Act (110 Stat.
2767).

TITLE XXIII--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:

[[Page 12198]]

Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base... $10,600,000
Alaska....................... Eielson Air Force Base... $24,100,000
Elmendorf Air Force Base. $32,800,000
Arizona...................... Davis-Monthan Air Force $7,800,000
Base.
Arkansas..................... Little Rock Air Force $7,800,000
Base.
California................... Beale Air Force Base..... $8,900,000
Edwards Air Force Base... $5,500,000
Travis Air Force Base.... $11,200,000
Colorado..................... Peterson Air Force Base.. $40,000,000
Schriever Air Force Base. $16,100,000
U.S. Air Force Academy... $17,500,000
CONUS Classified............. Classified Location...... $16,870,000
Florida...................... Eglin Air Force Base..... $18,300,000
Eglin Auxiliary Field 9.. $18,800,000
MacDill Air Force Base... $5,500,000
Patrick Air Force Base... $17,800,000
Tyndall Air Force Base... $10,800,000
Georgia...................... Fort Benning............. $3,900,000
Moody Air Force Base..... $5,950,000
Robins Air Force Base.... $3,350,000
Hawaii....................... Hickam Air Force Base.... $3,300,000
Idaho........................ Mountain Home Air Force $17,000,000
Base.
Kansas....................... McConnell Air Force Base. $9,600,000
Kentucky..................... Fort Campbell............ $6,300,000
Mississippi.................. Columbus Air Force Base.. $5,100,000
Keesler Air Force Base... $27,000,000
Missouri..................... Whiteman Air Force Base.. $24,900,000
Nebraska..................... Offutt Air Force Base.... $8,300,000
Nevada....................... Nellis Air Force Base.... $18,600,000
New Jersey................... McGuire Air Force Base... $11,800,000
New Mexico................... Kirtland Air Force Base.. $14,000,000
North Carolina............... Fort Bragg............... $4,600,000
Pope Air Force Base...... $7,700,000
North Dakota................. Minot Air Force Base..... $3,000,000
Ohio......................... Wright-Patterson Air $35,100,000
Force Base.
Oklahoma..................... Tinker Air Force Base.... $23,800,000
Vance Air Force Base..... $12,600,000
South Carolina............... Charleston Air Force Base $18,200,000
Tennessee.................... Arnold Air Force Base.... $7,800,000
Texas........................ Dyess Air Force Base..... $5,400,000
Lackland Air Force Base.. $13,400,000
Laughlin Air Force Base.. $3,250,000
Randolph Air Force Base.. $3,600,000
Utah......................... Hill Air Force Base...... $4,600,000
Virginia..................... Langley Air Force Base... $6,300,000
Washington................... Fairchild Air Force Base. $15,550,000
McChord Air Force Base... $7,900,000
---------------
Total.................. $632,270,000
------------------------------------------------------------------------

(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 military 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 Installation or location Amount
------------------------------------------------------------------------
Guam......................... Andersen Air Force Base.. $8,900,000
Italy........................ Aviano Air Base.......... $3,700,000
Korea........................ Osan Air Base............ $19,600,000
Portugal..................... Lajes Field, Azores...... $1,800,000
United Kingdom............... Ascension Island......... $2,150,000
Royal Air Force Feltwell. $3,000,000
Royal Air Force $18,200,000
Lakenheath. $17,600,000
Royal Air Force $1,700,000
Mildenhall.
Royal Air Force
Molesworth.
---------------
Total.................. $76,650,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated 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 Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Davis-Monthan Air Force 64 Units..................... $10,000,000
Base....................
California............................ Beale Air Force Base..... 60 Units..................... $8,500,000
Edwards Air Force Base... 188 Units.................... $32,790,000
Vandenberg Air Force Base 91 Units..................... $16,800,000
District of Columbia.................. Bolling Air Force Base... 72 Units..................... $9,375,000
Florida............................... Eglin Air Force Base..... 130 Units.................... $14,080,000
MacDill Air Force Base... 54 Units..................... $9,034,000
Kansas................................ McConnell Air Force Base. Safety Improvements.......... $1,363,000
Mississippi........................... Columbus Air Force Base.. 100 Units.................... $12,290,000
Montana............................... Malmstrom Air Force Base. 34 Units..................... $7,570,000

[[Page 12199]]

Nebraska.............................. Offutt Air Force Base.... 72 Units..................... $12,352,000
New Mexico............................ Hollomon Air Force Base.. 76 Units..................... $9,800,000
North Carolina........................ Seymour Johnson Air Force 78 Units..................... $12,187,000
Base....................
North Dakota.......................... Grand Forks Air Force 42 Units..................... $10,050,000
Base....................
Minot Air Force Base..... 72 Units..................... $10,756,000
Texas................................. Lackland Air Force Base.. 48 Units..................... $7,500,000
Portugal.............................. Lajes Field, Azores...... 75 Units..................... $12,964,000
---------------
Total...................... $197,411,000
----------------------------------------------------------------------------------------------------------------

(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
architectural 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, Unites States Code,
and using amounts appropriated pursuant to the authorization
of appropriations 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 $124,492,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

TITLE XXIV--DEFENSE AGENCIES

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:

Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Chemical Demilitarization.... Blue Grass Army Depot, $206,800,000
Kentucky.
Defense Education Activity... Laurel Bay, South $2,874,000
Carolina................
Marine Corps Base, Camp $10,570,000
LeJeune, North Carolina.
Defense Logistics Agency..... Defense Distribution New $5,000,000
Cumberland,Pennsylvania.
Elmendorf Air Force Base, $23,500,000
Alaska..................
Eielson Air Force Base, $26,000,000
Alaska.
Fairchild Air Force Base, $12,400,000
Washington.
Various Locations........ $1,300,000
Defense Manpower Data Center. Presidio, Monterey, $28,000,000
California..............
National Security Agency..... Fort Meade, Maryland..... $2,946,000
Special Operations Command... Fleet Combat Training $4,700,000
Center, Dam Neck,
Virginia................
Fort Benning, Georgia.... $10,200,000
Fort Bragg, North $20,100,000
Carolina.
Mississippi Army $9,600,000
Ammunition Plant,
Mississippi.............
Naval Amphibious Base, $6,000,000
Coronado, California....
TRICARE Management Agency.... Andrews Air Force Base, $3,000,000
Maryland................
Cheatham Annex, Virginia. $1,650,000
Davis-Monthan Air Force $10,000,000
Base, Arizona...........
Fort Lewis, Washington... $5,500,000
Fort Riley, Kansas....... $6,000,000
Fort Sam Houston, Texas.. $5,800,000
Fort Wainwright, Alaska.. $133,000,000
Los Angeles Air Force $13,600,000
Base, California........
Marine Corps Air Station, $3,500,000
Cherry Point, North
Carolina................
Moody Air Force Base, $1,250,000
Georgia.
Naval Air Station, $3,780,000
Jacksonville, Florida...
Naval Air Station, $4,050,000
Norfolk, Virginia.
Naval Air Station, $4,150,000
Patuxent River, Maryland
Naval Air Station, $4,300,000
Pensacola, Florida.
Naval Air Station, $4,700,000
Whidbey Island,
Washington..............
Patrick Air Force Base, $1,750,000
Florida.
Travis Air Force Base, $7,500,000
California.
Wright-Patterson Air $3,900,000
Force Base, Ohio........
---------------
Total.................. $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 and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Drug Interdiction and Counter- Manta, Ecuador........... $25,000,000
Drug Activities.............

[[Page 12200]]

Curacao, Netherlands $11,100,000
Antilles................
Defense Education Activity... Andersen Air Force Base, $44,170,000
Guam....................
Naval Station Rota, Spain $17,020,000
Royal Air Force, $4,570,000
Feltwell, United Kingdom
Royal Air Force, $3,770,000
Lakenheath, United
Kingdom.................
Defense Logistics Agency..... Andersen Air Force Base, $24,300,000
Guam.
Moron Air Base, Spain.... $15,200,000
National Security Agency..... Royal Air Force, Menwith $500,000
Hill Station, United
Kingdom.................
Tri-Care Management Agency... Naval Security Group $4,000,000
Activity, Sabana Seca,
Puerto Rico.............
Ramstein Air Force Base, $7,100,000
Germany.
Royal Air Force, $7,100,000
Lakenheath, United
Kingdom.................
Yongsan, Korea........... $41,120,000
---------------
Total.................. $204,950,000
------------------------------------------------------------------------

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 appropriation 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), $78,756,000 shall be available for credit to
the Department 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 $6,558,000.

SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be
appropriated 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 $1,618,965,000 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), $204,950,000.
(3) For unspecified minor construction projects under
section 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
construction design under section 2807 of title 10, United
States Code, $49,024,000.
(6) For Energy Conservation projects authorized by section
2404 of this Act, $6,558,000.
(7) For base closure and realignment activities as
authorized by 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), $705,911,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $50,000.
(B) For support of military 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,
$78,756,000.
(9) For the construction of the Ammunition Demilitarization
Facility, Anniston Army Depot, Alabama, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat.
1758), section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1992 and 1993 (division B
of Public 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 Public Law 103-337, 108
Stat. 3040), $7,000,000.
(10) For the construction of the Ammunition
Demilitarization Facility, Pine Bluff Arsenal, Arkansas,
authorized in section 2401 of Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
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
Demilitarization Facility, Umatilla Army Depot, Oregon,
authorized in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
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 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), $35,900,000.
(12) For the construction of the Ammunition
Demilitarization Facility, Aberdeen Proving Ground, Maryland,
authorized in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $66,600,000.
(13) For the construction of the Ammunition
Demilitarization Facility at Newport Army Depot, Indiana,
authorized in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $61,200,000.
(14) For the construction of the Ammunition
Demilitarization Facility, Pueblo Army Depot, Colorado,
authorized in section 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 authorized 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
demilitarization facility at Blue Grass Army Depot,
Kentucky).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (14) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs reduced by $20,000,000, which
represents the combination of project savings in military
construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.

SEC. 2406. INCREASE IN FISCAL YEAR 1997 AUTHORIZATION FOR
MILITARY 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,
Colorado, under the agency heading relating to Chemical
Demilitarization 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 1022 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 appropriations in section 2405(a)(2) for the projects set
forth in the table 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 INVESTMENT
PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided in

[[Page 12201]]

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 Secretary 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 $191,000,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

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,
$123,878,000; and
(B) for the Army Reserve, $92,515,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $21,574,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$151,170,000; and
(B) for the Air Force Reserve, $48,564,000.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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 of--
(1) October 1, 2002; or
(2) the date of 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 Treaty Organization
Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(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
contributions to the North Atlantic Treaty Organization
Security Investment 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 Public Law 104-201; 110 Stat. 2782),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2201, 2202, or
2601 of that Act and amended by section 2406 of this Act,
shall remain in effect until October 1, 2000, or the date of
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:

Army: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Pueblo Army Depot........ Ammunition Demilitarization $203,500,000
Facility....................
----------------------------------------------------------------------------------------------------------------

Navy: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Marine Corps Combat Infrastructure Development... $8,900,000
Development Command.....
----------------------------------------------------------------------------------------------------------------

Navy: Extension of 1997 Family Housing Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Family Housing Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Mayport Naval Station.... 100 units.................... $10,000,000
Maine................................. Brunswick Naval Air 92 units..................... $10,925,000
Station.................
North Carolina........................ Camp Lejuene............. 94 units..................... $10,110,000
South Carolina........................ Beaufort Marine Corps Air 140 units.................... $14,000,000
Station.................
Texas................................. Corpus Christi Naval 104 units.................... $11,675,000
Complex.................
Kingsville Naval Air 48 units..................... $7,550,000
Station.................
Washington............................ Everett Naval Station.... 100 units.................... $15,015,000
----------------------------------------------------------------------------------------------------------------

Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multi-Purpose Range (Phase $5,000,000
II).........................
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
1996 PROJECTS.

(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 541),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2202 or 2601 of that
Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2199), shall remain in effect until
October 1, 2000, or the date of 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 Family Housing Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Family Housing Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton........... 138 units.................... $20,000,000
----------------------------------------------------------------------------------------------------------------

Army National Guard: Extension of 1996 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase I)...................
Missouri.............................. National Guard Training Multipurpose Range........... $2,236,000
Site, Jefferson City....
----------------------------------------------------------------------------------------------------------------

[[Page 12202]]

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1999; or
(2) the date of the enactment of this Act.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. CONTRIBUTIONS FOR NORTH ATLANTIC TREATY
ORGANIZATIONS SECURITY INVESTMENT.

Section 2806(a) of title 10, United States Code, is amended
by inserting before the period at the end the following: ``,
including support for the actual implementation of a military
operations plan approved by the North Atlantic Council''.

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:

``Sec. 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 authorities in this section for the purpose of
developing or facilitating the development of Ford Island,
Hawaii, to the extent that the Secretary determines the
development is compatible with the mission of the Navy.
``(2) The Secretary of the Navy may not exercise any
authority under this section until--
``(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
committees.
``(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 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 lease under this subsection shall be subject to
section 2667(b)(1) of this title and may include such others
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
payment made to the Secretary for services provided under
this paragraph shall be credited to the appropriation,
account, or fund from 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.
``(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.
``(4) The Secretary of the Navy may enter into a lease
under this subsection only if the lease is specifically
authorized by a law enacted after the date of the enactment
of this section.
``(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 Secretary 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
committees.
``(h) Ford Island Improvement Account.--(1) There is
established 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.
``(2) 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 appropriation Acts, funds in
the Ford Island Improvement Account may be used as follows:
``(A) To carry out or facilitate the carrying out of a
transaction 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, 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 Improvement
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 authorized 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.
``(l) 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 specified 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 specified in that section.''.

SEC. 2803. 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 Construct.--
'' before ``Any project''; and
(2) by adding at the end the following new subsection:
``(b) Restriction.--The ancillary supporting facilities
authorized by subsection (a) may not be in direct competition
with any resale activities provided by the Defense Commissary
Agency or the Army and Air Force Exchange Service, the Navy
Exchange Service Command, Marine Corps exchanges, or any
other nonappropriated fund instrumentality of the United
States under the jurisdiction of the armed forces which is

[[Page 12203]]

conducted for the morale, welfare and recreation of members
of the armed forces.''.

SEC. 2804. 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. 2805. LIMITATIONS ON AUTHORITY TO CARRY OUT SMALL
PROJECTS FOR ACQUISITION OF FACILITIES FOR
RESERVE COMPONENTS.

(a) Unspecified Minor Construction Projects to Correct
Life, Health, or Safety Threats.--Subsection (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 construction project intended
solely to correct a deficiency that is life-threatening,
health-threatening, or safety-threatening, except that the
expenditure or contribution for the project may not exceed
$3,000,000.''.
(b) Use of Operation and Maintenance Funds To Correct Life,
Health, or Safety Threats.--Subsection (b) of such section is
amended by inserting after ``or less'' the following: ``(or
$1,000,000 or less if the project is intended solely to
correct a deficiency that is life-threatening, health-
threatening, or safety-threatening).''.

SEC. 2806. 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--
(1) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8) respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The term `eligible entity' means any individual,
corporation, firm, partnership, company, State or local
government, 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 ``a nongovernmental entity'' both places it
appears and inserting ``an eligible entity''; 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
entity'' 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
Facilities.--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:

``Sec. 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.''.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF LAND 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. UTILITY PRIVATIZATION AUTHORITY.

(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
further amended--
(1) by redesignating subsections (g) and (h) as subsections
(i) and (j); and
(2) by inserting after subsection (f) the following new
subsection:
``(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 construction, repair, or
replacement of the utility system by the entity to which the
utility system is being conveyed. The Secretary concerned
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. 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 Operating 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 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
projected 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
requirements, 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 and coordinate
the study with the Secretary of the Interior.
(d) Effect of Study.--Until the Secretary of Defense
submits to Congress a report containing the results of the
study, the Secretary 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 statewide 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.

Subtitle C--Defense Base Closure and Realignment

SEC. 2821. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990 FOR
ACTIVITIES REQUIRED TO CLOSE OR REALIGN
MILITARY INSTALLATIONS.

(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 Public 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 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 II.''.
(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)''.

[[Page 12204]]

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 Cemetery.--
The Secretary of the Army may transfer, without
reimbursement, 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 transferred under subsection (a) in
the Fort Sam Houston National Cemetery and use the conveyed
property as a national cemetery under chapter 24 of title 38,
United States Code.
(c) Legal Description.--The exact acreage and legal
description 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 Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection 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 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) 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. 2833. LAND CONVEYANCE, FORT DES MOINES, IOWA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Fort Des Moines Black
Officers Memorial, Inc., a nonprofit corporation organized in
the State of Iowa (in this section referred to as the
``Corporation''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, located at Fort Des Moines, Iowa, and
containing the post chapel (building #49) and Clayton Hall
(building #46) for the purpose of permitting the Corporation
to develop and use the parcel as a memorial and for
educational 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 Corporation.
(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. 2834. LAND CONVEYANCE, ARMY MAINTENANCE 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
subsection (a) shall be subject to the condition that the
Borough--
(1) use the conveyed property, directly or through an
agreement with a public or private entity, for recreational
or economic 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. 2835. LAND CONVEYANCES, ARMY DOCKS AND RELATED PROPERTY,
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.
(b) Whittier Delong Dock.--The Secretary may convey,
without 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 appurtenant facility known as the DeLong
Dock.
(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) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under subsection (a) and (b) as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 2836. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Veterans Services
Commission of the State of Arizona (in this section referred
to as the ``Commission''), 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 Commission 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 Commission.
(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. 2837. 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 improvements 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 educational
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) 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. 2838. 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 permitting the Township
to develop the parcel for affordable housing and for
recreational 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 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. 2839. 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

[[Page 12205]]

of approximately .3 acres at the Rock Island Arsenal for the
purpose of permitting the City to construct a new entrance
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 appropriate to protect the interests of the United
States.

SEC. 2840. 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 Public Law 104-106;
110 Stat. 605) is amended--
(1) by inserting ``(1)'' before ``The conveyance''; and
(2) by adding at the end the following new paragraph:
``(2) The landfill 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.''.

SEC. 2841. 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
Plant, 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 improvements 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
available 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 General 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 appropriate to protect the interests of the United
States.

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,
equipment, 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.
(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 improvements 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 any 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
Secretary 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 current
tenant under the existing terms and conditions of the lease
for the property.
(2) If good faith negotiations for the conveyance of the
property continue under this section beyond the end of the
third year of the term of the existing lease for the
property, the Secretary shall continue to lease the property
to the current tenant of the property under the terms and
conditions applicable to the first three years of the lease
of the property pursuant to the existing lease for the
property.
(g) Maintenance of Property.--(1) Subject to paragraph (2),
the Secretary shall be responsible for maintaining the real
property to be conveyed under this section in its condition
as of the date of the enactment of this Act until such time
as the property is conveyed by deed under this section.
(2) The current tenant of the property shall be responsible
for any maintenance required under paragraph (1) to the
extent of the activities of that tenant at the property
during the period covered by that paragraph.
(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, NAVAL AND MARINE CORPS RESERVE
CENTER, ORANGE, TEXAS.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the Orange County
Navigation and Port District of Orange County, Texas (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 improvements thereon, at the Naval and
Marine Corps Reserve Center in Orange, Texas, which consists
of approximately 2.4 acres and contains the facilities
designated as Buildings 135 and 163, for the purpose of
permitting the District to develop the parcel for economic
development, educational purposes, and the furtherance of
navigation-related commerce.
(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
authorized 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 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.
(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, 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

[[Page 12206]]

Station, 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.

PART III--AIR FORCE CONVEYANCES

SEC. 2861. CONVEYANCE OF FUEL SUPPLY LINE, PEASE AIR FORCE
BASE, NEW HAMPSHIRE.

(a) Conveyance Authorized.--In conjunction with the
disposal of property at former Pease Air Force Base, New
Hampshire, under 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 of the Air Force may convey
to the redevelopment authority for Pease Air Force Base all
right, title, and interest of the United States in and to the
deactivated fuel supply line at Pease Air Force Base,
including the approximately 14.87 acres of real property
associated with such supply line.
(b) Condition of Conveyance.--The conveyance authorized by
subsection (a) may only be made if the redevelopment
authority agrees to make the fuel supply line available for
use by the New Hampshire Air National Guard under terms and
conditions acceptable to the Secretary.
(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 redevelopment authority.
(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. 2862. LAND CONVEYANCE, TYNDALL AIR 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, 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 Anchorage Marine
Industrial Park in Anchorage, Alaska, and leased by the Port
from the Department of the Air Force and the Bureau of Land
Management.
(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) Additional Terms and Conditions.--The Secretary of the
Air Force and the Secretary of the Interior may require such
additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretaries considers
appropriate to protect the interests of the United States.

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) 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.

Subtitle E--Other Matters

SEC. 2871. EXPANSION OF ARLINGTON NATIONAL CEMETERY.

(a) Land Transfer, Navy Annex, Arlington, Virginia.--
(1) In general.--The Secretary of Defense shall provide for
the transfer to the Secretary of the Army of administrative
jurisdiction over the following parcels of land situated in
Arlington, Virginia:
(A) Certain lands which comprise approximately 26 acres
bounded by Columbia Pike to the south and east, Oak Street to
the west, and the boundary wall of Arlington National
Cemetery to the north including Southgate Road.
(B) Certain lands which comprise approximately 8 acres
bounded by Shirley Memorial Boulevard (Interstate 395) to the
south, property of the Virginia Department of Transportation
to the west, Columbia Pike to the north, and Joyce Street to
the east.
(C) Certain lands which comprise approximately 2.5 acres
bounded by Shirley Memorial Boulevard (Interstate 395) to the
south, Joyce Street to the west, Columbia Pike to the north,
and the cloverleaf interchange of Route 100 and Columbia Pike
to the east.
(2) Use of land.--The Secretary of the Army shall
incorporate the parcels of land transferred under paragraph
(1) into Arlington National Cemetery.
(3) Remediation of land for cemetery use.--Before the
transfer of administrative jurisdiction over the parcels of
land under paragraph (1), the Secretary of Defense shall
provide for the removal of any improvements on the parcels of
land and, in consultation with the Superintendent of
Arlington National Cemetery, the preparation of the land for
use for interment of remains of individuals in Arlington
National Cemetery.
(4) Negotiation with local officials.--Before the transfer
of administrative jurisdiction over the parcels of land under
paragraph (1), the Secretary of Defense shall enter into
negotiations with appropriate State and local officials to
acquire any real property, under the jurisdiction of such
officials, that separates such parcels of land from each
other.
(5) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report explaining in detail the measures
required to prepare the land for use as a part of Arlington
National Cemetery.
(6) Deadline.--The Secretary of Defense shall complete the
transfer of administrative jurisdiction over the parcels of
land under this subsection not later than the earlier of--
(A) January 1, 2010; or
(B) the date when those parcels are no longer required (as
determined by the Secretary) for use as temporary office
space due to the renovation of the Pentagon.
(b) Modification of Boundary of Arlington National
Cemetery.--
(1) In general.--The Secretary of the Army shall modify the
boundary of Arlington National Cemetery to include the
following parcels of land situated in Fort Myer, Arlington,
Virginia:
(A) Certain lands which comprise approximately 5 acres
bounded by the Fort Myer Post Traditional Chapel to the
southwest, McNair Road to the northwest, the Vehicle
Maintenance Complex to the northeast, and the masonry wall of
Arlington National Cemetery to the southeast.
(B) Certain lands which comprise approximately 3 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
Cemetery to the southeast.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to Congress a report describing additional parcels of land
located in Fort Myer, Arlington, Virginia, that may be
suitable for use to expand Arlington National Cemetery.
(3) Survey.--The Secretary of the Army may determine the
exact acreage and legal description of the parcels of land
described in paragraph (1) by a survey.

[[Page 12207]]

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

SEC. 3101. WEAPONS ACTIVITIES.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2000 for weapons
activities in carrying out programs necessary for national
security in the amount of $4,541,500,000, 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 carrying out weapons
activities necessary for national security programs in the
amount of $2,258,700,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,763,500,000, to be
allocated as follows:
(i) For operation and maintenance, $1,640,355,000.
(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), $123,145,000, to be allocated as follows:

Project 00-D-103, terascale simulation facility, Lawrence
Livermore National Laboratory, Livermore, California,
$8,000,000.
Project 00-D-105, strategic computing complex, Los Alamos
National Laboratory, Los Alamos, New Mexico, $26,000,000.
Project 00-D-107, joint computational engineering
laboratory, Sandia National Laboratories, Albuquerque, New
Mexico, $1,800,000.
Project 99-D-102, rehabilitation of maintenance facility,
Lawrence Livermore National Laboratory, Livermore,
California, $3,900,000.
Project 99-D-103, isotope sciences facilities, Lawrence
Livermore National Laboratory, Livermore, California,
$2,000,000.
Project 99-D-104, protection of real property (roof
reconstruction, Phase II), Lawrence Livermore National
Laboratory, Livermore, California, $2,400,000.
Project 99-D-105, central health physics calibration
facility, Los Alamos National Laboratory, 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 Laboratory, Los Alamos, New
Mexico, $61,000,000.
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, 2,640,000.
Project 96-D-104, processing and environmental technology
laboratory, Sandia National Laboratories, Albuquerque, New
Mexico, $10,900,000.

(iii) The total amount authorized to be appropriated
pursuant to clause (ii) is the sum of the amounts authorized
to be appropriated in that clause, reduced by $10,000,000.
(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 allocated
as follows:

Project 96-D-111, national ignition facility, Lawrence
Livermore National Laboratory, Livermore, California,
$248,100,000.

(C) For technology partnership and education, $19,500,000,
to be allocated for technology partnership only.
(2) Stockpile management.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
2000 for stockpile management in carrying out weapons
activities necessary for national security programs in the
amount of $2,046,300,000, to be allocated as follows:
(A) For operation and maintenance, $1,897,621,000.
(B) 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),
$148,679,000, to be allocated as follows:
Project 99-D-122, rapid reactivation, various locations,
$11,700,000.
Project 99-D-127, stockpile management restructuring
initiative, Kansas City Plant, Kansas City, Missouri,
$17,000,000.
Project 99-D-128, stockpile management restructuring
initiative, Pantex Plant consolidation, Amarillo, Texas,
$3,429,000.
Project 99-D-132, stockpile management restructuring
initiative, nuclear material safeguards and security upgrades
project, Los Alamos National Laboratory, Los Alamos, New
Mexico, $11,300,000.
Project 98-D-123, stockpile management restructuring
initiative, tritium facility modernization and consolidation,
Savannah River Plant, Aiken, South Carolina, $21,800,000.
Project 98-D-124, stockpile management restructuring
initiative, Y-12 Plant consolidation, Oak Ridge, Tennessee,
$3,150,000.
Project 98-D-125, tritium extraction facility, Savannah
River Plant, 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 Laboratory, Los Alamos,
New Mexico, $18,000,000.
Project 88-D-123, security enhancements, Pantex Plant,
Amarillo, Texas, $3,500,000.
(C) The total amount authorized to be appropriated pursuant
to subparagraph (B) is the sum of the amounts authorized to
be appropriated in that subparagraph, reduced by $10,000,000.
(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
$236,500,000.

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.

(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2000
for environmental restoration and waste management in
carrying out programs necessary for national security in the
amount of $5,652,368,000, 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 (Public Law 104-201;
110 Stat. 2836; 42 U.S.C. 7274n) in the amount of
$1,092,492,000.
(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 $1,006,419,000, to be allocated as
follows:
(A) For operation and maintenance, $918,129,000.
(B) 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),
$88,290,000, to be allocated as follows:
Project 99-D-402, tank farm support services, F&H areas,
Savannah River Site, Aiken, South Carolina, $3,100,000.
Project 99-D-404, health physics instrumentation
laboratory, Idaho National Engineering Laboratory, Idaho,
$7,200,000.
Project 98-D-401, H-tank farm storm water systems upgrade,
Savannah River Site, Aiken, South Carolina, $2,977,000.
Project 98-D-453, plutonium stabilization and handling
system for plutonium finishing plant, Richland, Washington,
$16,860,000.
Project 98-D-700, road rehabilitation, Idaho National
Engineering 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 bioassay
laboratory, Savannah River Site, Aiken, South Carolina,
$12,220,000.
Project 96-D-406, spent nuclear fuels canister storage and
stabilization facility, Richland, Washington, $24,441,000.
Project 96-D-464, electrical and utility systems upgrade,
Idaho Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $11,971,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
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 Laboratory, Livermore,
California, $2,000,000.
(3) Post-2006 completion.--For post-2006 project completion
in carrying out environmental restoration and waste
management activities necessary for national security
programs in the amount of $3,005,848,000, to be allocated as
follows:
(A) For operation and maintenance, $2,951,297,000.
(B) 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),
$54,551,000, to be allocated as follows:
Project 00-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 infrastructure
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 management
activities necessary for national security programs in the
amount of $240,500,000.
(5) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$327,109,000.
(b) Explanation of Adjustment.--The 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 $20,000,000, to be

[[Page 12208]]

derived from environmental restoration and waste management,
environment, safety, and health programs.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated 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 $1,772,459,000, to be allocated as
follows:
(1) Nonproliferation and national security.--For
nonproliferation and national security, $658,200,000, to be
allocated as follows:
(A) For verification and control technology, $454,000,000,
to be allocated as follows:
(i) For nonproliferation and verification research and
development, $221,000,000, to be allocated as follows:

(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 allocated as follows:

Project 00-D-192, nonproliferation and international
security center, Los Alamos National Laboratory, Los Alamos,
New Mexico, $6,000,000.
(ii) For arms control, $233,000,000.
(B) For nuclear safeguards and security, $59,100,000.
(C) For international nuclear safety, $15,300,000.
(D) For security investigations, $10,000,000.
(E) For emergency management, $21,000,000.
(F) For highly enriched uranium transparency
implementation, $15,750,000.
(G) For program direction, $83,050,000.
(2) Intelligence.--For intelligence, $36,059,000.
(3) Counterintelligence.--For counterintelligence,
$31,200,000.
(4) Worker and community transition.--For worker and
community transition, $20,000,000.
(5) Fissile materials control and disposition.--For fissile
materials control and disposition, $239,000,000, to be
allocated as follows:
(A) For operation and maintenance, $168,766,000.
(B) For program direction, $7,343,000.
(C) 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),
$62,891,000, to be allocated as follows:
Project 00-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, $104,000,000, to be allocated as
follows:
(A) For the Office of Environment, Safety, and Health
(Defense), $79,231,000.
(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, $681,000,000, to
be allocated as follows:
(A) For naval reactors development, $660,400,000, to be
allocated as follows:
(i) For operation and maintenance, $636,400,000.
(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), $24,000,000, to be allocated as follows:

GPN-101 general plant projects, various locations,
$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.

SEC. 3104. 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
amount of $73,000,000.

SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

(a) In General.--Funds are hereby authorized to be
appropriated 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 fuel 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-1, 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
authorized 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 subsection (b) and a period of 60 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,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 60-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
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and 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
additional 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
congressional 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
construction 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 authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
period as the authorizations 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
pursuant 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

[[Page 12209]]

on National Security of the House of Representatives 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
activities 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
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.

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 committees 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 PROGRAMS
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, amounts appropriated
for operation and maintenance or for plant projects may
remain available until 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 transfer 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 under 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 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
following:
(A) A program referred to or a project listed in paragraph
(2) or (3) of section 3102.
(B) A program or project not described in subparagraph (A)
that is for environmental restoration or waste management
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 enactment of
this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental
restoration 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 subsection (a) during the period beginning on October
1, 1999, and ending on September 30, 2000.

Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. LIMITATION ON USE AT DEPARTMENT OF ENERGY
LABORATORIES OF FUNDS APPROPRIATED FOR THE
INITIATIVES FOR PROLIFERATION PREVENTION
PROGRAM.

(a) Limitation.--Not more than 25 percent of the funds
appropriated for any fiscal year for the program of the
Department of Energy known as the Initiatives for
Proliferation Prevention Program may be spent at the
Department of Energy laboratories.
(b) Effective Date.--The limitation in subsection (a)
applies with respect to funds appropriated for any fiscal
year after fiscal year 1999.

SEC. 3132. PROHIBITION ON USE FOR PAYMENT OF RUSSIAN
GOVERNMENT TAXES AND CUSTOMS DUTIES OF FUNDS
APPROPRIATED FOR THE INITIATIVES FOR
PROLIFERATION PREVENTION PROGRAM.

Funds appropriated for the program of the Department of
Energy known as 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.

SEC. 3133. MODIFICATION OF LABORATORY-DIRECTED RESEARCH AND
DEVELOPMENT TO PROVIDE FUNDS FOR THEATER
BALLISTIC MISSILE DEFENSE.

(a) Conduct of Programs.--The Secretary of Energy shall
ensure that the national laboratories carry out theater
ballistic missile defense development programs in accordance
with--
(1) the memorandum of understanding between the Secretary
of Energy and the Secretary of Defense required by section
3131(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2034; 10 U.S.C. 2431
note); and
(2) such regulations as the Secretary of Energy may
prescribe.
(b) Funding.--Of the funds provided by the Department of
Energy to the national laboratories for national security
activities, the Secretary of Energy shall provide a specific
amount, equal to 3 percent of such funds, to be used by such
laboratories for theater ballistic missile defense
development programs.
(c) National Laboratories.--For purposes of this section,
the term ``national laboratories'' has the meaning given such
term in section 3131(d) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034;
10 U.S.C. 2431 note).
(d) Kinetic Energy Warhead Programs.--(1) Notwithstanding
subsection (a), during fiscal year 2000 the Secretary of
Energy shall use the funds required to be made available
pursuant to subsection (b) for theater ballistic missile
defense development programs for the purpose of the
development and test of advanced kinetic energy ballistic
missile defense warheads based on advanced explosive
technology, the designs of which--
(A) are compatible with the Army Theater High-Altitude
Area-Wide Defense (THAAD) system, the Navy Theater Wide
system, the Navy Area Defense system, and the Patriot
Advanced Capability-3 (PAC-3) system; and
(B) will be available for ground lethality testing not
later than one year after the date of the enactment of this
Act.
(2) Of the funds made available for purposes of paragraph
(1), one-half shall be made available for work at Los Alamos
National Laboratory and one-half shall be made available for
work at Lawrence Livermore National Laboratory.
(3) If the Secretary does not use the full amount referred
to in paragraph (1) for the purposes stated in that
paragraph, the remainder of such amount shall be used in
accordance with subsection (a).
(e) Reduction in Laboratory-Directed Research and
Development Programs.--Subsection (c) of section 3132 of the
National Defense Authorization Act for Fiscal Year 1991 (42
U.S.C. 7257a) is amended by striking ``6 percent'' and
inserting ``3 percent''.

SEC. 3134. SUPPORT OF THEATER BALLISTIC MISSILE DEFENSE
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to
the Department of Energy pursuant to section 3101,
$30,000,000 shall be available only 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:

[[Page 12210]]

(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 from 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 any indirect expenses (including overhead
and federal administrative charges) of the Department of
Energy or its contractors.

Subtitle D--Commission on Nuclear Weapons Management

SEC. 3151. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--There is hereby established a
commission to be known as the ``Commission on Nuclear Weapons
Management'' (hereinafter in this subtitle referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of nine
members, appointed as follows:
(1) Two members shall be appointed by the chairman of the
Committee on Armed Services of the House of Representatives.
(2) Two members shall be appointed by the ranking minority
party member of the Committee on Armed Services of the House
of Representatives.
(3) Two members shall be appointed by the chairman of the
Committee on Armed Services of the Senate.
(4) Two members shall be appointed by the ranking minority
party member of the Committee on Armed Services of the
Senate.
(5) One member, who shall serve as chairman of the
Commission, shall be appointed by the chairman of the
Committee on Armed Services of the House of Representatives
and the chairman of the Committee on Armed Services of the
Senate, acting jointly, in consultation with the ranking
minority party member of the Committee on Armed Services of
the House of Representatives and the ranking minority party
member of the Committee on Armed Services of the Senate.
(c) Qualifications.--Members of the Commission shall be
appointed from among private United States citizens with
knowledge and expertise in nuclear weapons policy,
organization, and management matters.
(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
appointments to the Commission shall be made not later than
30 days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 30 days after the date on which all members of the
Commission have been appointed.
(f) Security Clearances.--The Secretary of Defense shall
expedite the processing of appropriate security clearances
for members of the Commission.

SEC. 3152. DUTIES OF COMMISSION.

(a) In General.--The Commission shall examine the
organizational and management structures within the
Department of Energy and the Department of Defense that are
responsible for the following, as they pertain to nuclear
weapons:
(1) Development of nuclear weapons policy and standards.
(2) Generation of requirements.
(3) Inspection and certification of the nuclear stockpile.
(4) Research, development, and design.
(5) Manufacture, assembly, disassembly, refurbishment,
surveillance, and storage.
(6) Operation and maintenance.
(7) Construction.
(8) Sustainment and development of high-quality personnel.
(b) Structures.--The organizational and management
structures to be examined under subsection (a) shall include
the following:
(1) The management headquarters of the Department of
Energy, the Department of Defense, the military departments,
and defense agencies.
(2) Headquarters support activities of the Department of
Energy, the Department of Defense, the military departments,
and defense agencies.
(3) The acquisition organizations in the Department of
Energy and the Department of Defense.
(4) The nuclear weapons complex, including the nuclear
weapons laboratories, the nuclear weapons production
facilities, and defense environmental remediation sites.
(5) The Nuclear Weapons Council and its standing committee.
(6) The United States Strategic Command.
(7) The Defense Threat Reduction Agency.
(8) Policy-oriented elements of the Government that affect
the management of nuclear weapons, including the following:
(A) The National Security Council.
(B) The Arms Control and Disarmament Agency.
(C) The Office of the Under Secretary of Defense for
Policy.
(D) The office of the Deputy Chief of Staff of the Air
Force for Air and Space Operations.
(E) The office of the Deputy Chief of Naval Operations for
Plans, Policy, and Operations.
(F) The headquarters of each combatant command (in addition
to the United States Strategic Command) that has nuclear
weapons responsibilities.
(G) Such other organizations as the Commission determines
appropriate to include.
(c) Evaluations.--In carrying out its duties, the
Commission shall--
(1) evaluate the rationale for current management and
organization structures, and the relationship among the
entities within those structures;
(2) evaluate the efficiency and effectiveness of those
structures; and
(3) propose and evaluate alternative organizational and
management structures, including alternatives that would
transfer authorities of the Department of Energy for the
defense program and defense environmental management to the
Department of Defense.
(d) Cooperation From Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Secretary of
Energy, and any other United States Government official
responsible for providing the Commission with analyses,
briefings, and other information necessary for the
fulfillment of its responsibilities.

SEC. 3153. REPORTS.

The Commission shall submit to Congress an interim report
containing its preliminary findings and conclusions not later
than October 15, 2000, and a final report containing its
findings and conclusions not later than January 1, 2001.

SEC. 3154. 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 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, the Department of Energy, 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. 3155. COMMISSION PROCEDURES.

(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission 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
composed 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
authorized to take under this title.

SEC. 3156. 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.

[[Page 12211]]

(e) Procurement of Temporary and Intermittent Services.--
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. 3157. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense and the Secretary of Energy shall
furnish the Commission, on a reimbursable basis, any
administrative and support services requested by the
Commission.

SEC. 3158. FUNDING.

(a) Source of Funds.--Funds for activities of the
Commission shall be provided from--
(1) amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for
fiscal year 2000; and
(2) amounts appropriated for the Department of Energy for
program direction for weapons activities and for defense
environmental restoration and waste management for fiscal
year 2000.
(b) Disbursement.--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 and the Secretary of Energy shall promptly
disburse to the Commission, from such amounts, the funds
required by the Commission as stated in such certification.

SEC. 3159. TERMINATION OF THE COMMISSION.

The Commission shall terminate 60 days after the date of
the submission of its final report under section 3153.

Subtitle E--Other Matters

SEC. 3161. PROCEDURES FOR MEETING TRITIUM PRODUCTION
REQUIREMENTS.

(a) Accelerator Production Plan.--Not later than January
15, 2000, the Secretary of Energy shall submit to the
congressional defense committees a plan (in this section
referred to as an ``accelerator production plan'') to meet
the requirements in the Nuclear Weapons Stockpile Memorandum
relating to tritium production by expediting the completion
of the design and the initiation of the construction of a
particle accelerator for the production of tritium.
(b) Technology for Tritium Production.--If the Nuclear
Regulatory Commission does not grant to the Tennessee Valley
Authority the amended licenses described in subsection (c) by
December 31, 2002, the Secretary of Energy shall on January
1, 2003--
(1) designate particle accelerator technology as the
primary technology for the production of tritium;
(2) designate commercial light water reactor technology as
the backup technology for the production of tritium; and
(3) implement the accelerator production plan.
(c) Amended Licenses.--The amended licenses referred to in
subsection (b) are the amended licenses for the operation of
each of the following commercial light water reactors:
(1) Watts Bar reactor, Spring City, Tennessee.
(2) Sequoya reactor, Daisy, Tennessee.

SEC. 3162. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO
PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

(a) Extension.--Notwithstanding subsection (c)(2)(D) of
section 663 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (Public Law 104-208; 110
Stat. 3009-383; 5 U.S.C. 5597 note), the Department of Energy
may pay voluntary separation incentive payments to qualifying
employees who voluntarily separate (whether by retirement or
resignation) before January 1, 2002.
(b) Exercise of Authority.--The Department shall pay
voluntary separation incentive payments under subsection (a)
in accordance with the provisions of such section 663.
(c) Report.--(1) Not later than March 15, 2000, the
Secretary of Energy shall submit to the recipients specified
in paragraph (3) a report describing how the Department has
used the authority to pay voluntary separation incentive
payments under subsection (a).
(2) The report under paragraph (1) shall include the
occupations and grade levels of each employee paid a
voluntary separation incentive payment under subsection (a)
and shall describe how the use of the authority to pay
voluntary separation incentive payments under such subsection
relates to the restructuring plans of the Department.
(3) The recipients specified in this paragraph are the
following:
(A) The Office of Personnel Management.
(B) The Committee on Armed Services of the House of
Representatives.
(C) The Committee on Armed Services of the Senate.
(D) The Committee on Government Reform of the House of
Representatives.
(E) The Committee on Governmental Affairs of the Senate.

SEC. 3163. 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 after ``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,
Livermore, California.
``(6) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
``(7) The Sandia National Laboratory, Albuquerque, New
Mexico.''.
(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
agreement 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.''.
(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.
(f) 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 Year 1996 (Public Law 104-106; 42 U.S.C. 2121
note), as amended by this section.

SEC. 3164. DEPARTMENT OF ENERGY RECORDS DECLASSIFICATION.

(a) Identification in Budget.--The Secretary of Energy
shall include in the budget justification materials submitted
to Congress in support of the Department of Energy budget for
national security programs for any fiscal year (as submitted
with the budget of the President under section 1105(a) of
title 31) specific identification, as a budgetary line item,
of the amounts necessary for programmed activities during
that fiscal year to declassify records to carry out Executive
Order 12958 (50 U.S.C. 435 note), or any successor Executive
order, or to comply with any statutory requirement to
declassify Government records.
(b) Limitation.--The total amount expended by the
Department of Energy during fiscal year 2000 to carry out
activities to declassify records pursuant to Executive Order
12958 (50 U.S.C. 435 note), or any successor Executive order,
or to comply with any statutory requirement to declassify
Government records may not exceed $8,500,000.

SEC. 3165. MANAGEMENT OF NUCLEAR WEAPONS PRODUCTION
FACILITIES AND NATIONAL LABORATORIES.

(a) Authority and Responsibility of Assistant Secretary for
Defense Programs.--The Secretary of Energy, in assigning
functions under section 203 of the Department of Energy
Organization Act (42 U.S.C. 7133), shall assign direct
authority over, and responsibility for, the nuclear weapons
production facilities and the national laboratories in all
matters relating to national security to the Assistant
Secretary assigned the functions under section 203(a)(5) of
that Act.
(b) Covered Functions.--The functions assigned to the
Assistant Secretary under subsection (a) shall include, but
not be limited to, authority over, and responsibility for,
the national security functions of those facilities and
laboratories with respect to the following:
(1) Strategic management.
(2) Policy development and guidance.
(3) Budget formulation and guidance.
(4) Resource requirements determination and allocation.
(5) Program direction.
(6) Administration of contracts to manage and operate
nuclear weapons production facilities and national
laboratories.
(7) Environment, safety, and health operations.
(8) Integrated safety management.
(9) Safeguard and security operations.
(10) Oversight.
(11) Relationships within the Department of Energy and with
other Federal agencies, the Congress, State, tribal, and
local governments, and the public.
(c) Reporting of Nuclear Weapons Production Facilities and
National Laboratories.--In all matters relating to national
security, the nuclear weapons production facilities and the
national laboratories shall report

[[Page 12212]]

to, and be accountable to, the Assistant Secretary.
(d) Delegation by Assistant Secretary.--The Assistant
Secretary may delegate functions assigned under subsection
(a) only within the headquarters office of the Assistant
Secretary, except that the Assistant Secretary may delegate
to a head of a specified operations office functions
including, but not limited to, supporting the following
activities at a nuclear weapons production facility or a
national laboratory:
(1) Operational activities.
(2) Program execution.
(3) Personnel.
(4) Contracting and procurement.
(5) Facility operations oversight.
(6) Integration of production and research and development
activities.
(7) Interaction with other Federal agencies, State, tribal,
and local governments, and the public.
(e) Reporting of Operations Offices.--For each delegation
made under subsection (d) to a head of a specified operations
office, that head of that specified operations office shall
shall directly report to, and be accountable to, the
Assistant Secretary.
(f) Definitions.--As used in this section:
(1) The term ``nuclear weapons production facility'' means
any of the following facilities:
(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 Savannah River Site,
Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
(2) The term ``national laboratory'' means any of the
following laboratories:
(A) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
(B) The Lawrence Livermore National Laboratory, Livermore,
California.
(C) The Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.
(3) The term ``specified operations office'' means any of
the following operations offices of the Department of Energy:
(A) Albuquerque Operations Office, Albuquerque, New Mexico.
(B) Oak Ridge Operations Office, Oak Ridge, Tennessee.
(C) Oakland Operations Office, Oakland, California.
(D) Nevada Operations Office, Nevada Test Site, Las Vegas,
Nevada.
(E) Savannah River Operations Office, Savannah River Site,
Aiken, South Carolina.

SEC. 3166. NOTICE TO CONGRESSIONAL COMMITTEES OF COMPROMISE
OF CLASSIFIED INFORMATION WITHIN NUCLEAR ENERGY
DEFENSE PROGRAMS.

(a) In General.--The Secretary of Energy shall notify the
committees specified in subsection (c) of any information,
regardless of its origin, that the Secretary receives that
indicates that classified information relating to military
applications of nuclear energy is being, or may have been,
disclosed in an unauthorized manner to a foreign power or an
agent of a foreign power.
(b) Manner of Notification.--A notification under
subsection (a) shall be provided, in writing, not later than
30 days after the date of the initial receipt of such
information by the Department of Energy.
(c) Specified Committees.--The committees referred to in
subsection (a) are the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives.
(d) Foreign Power.--For purposes of this section, the terms
``foreign power'' and ``agent of a foreign power'' have the
meanings given those terms in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. 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 XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301. DEFINITIONS.

In this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).

SEC. 3302. 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
Transaction Fund for the authorized uses of such funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)), 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.

SEC. 3303. ELIMINATION OF CONGRESSIONALLY IMPOSED DISPOSAL
RESTRICTIONS ON SPECIFIC STOCKPILE MATERIALS.

Sections 3303 and 3304 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 629) are repealed.

TITLE XXXIV--MARITIME ADMINISTRATION

SEC. 3401. SHORT TITLE.

This title may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2000''.

SEC. 3402. 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
authorized by title XI of the Merchant Marine Act, 1936 (46
App. U.S.C. 1271 et seq.), $34,893,000 for fiscal year 2000,
of which--
(A) $31,000,000 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. 3403. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT,
1936.

(a) Authority To Hold Obligation Proceeds in Escrow.--
Section 1108(a) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1279a(a)) is amended by striking so much as precedes
``guarantee of an obligation'' and inserting the following:
``(a) Authority To Hold Obligation Proceeds in Escrow.--(1)
If the proceeds of an obligation guaranteed under this title
are to be used to finance the construction, reconstruction,
or reconditioning of a vessel that will serve as security for
the guarantee, the Secretary may accept and hold, in escrow
under an escrow agreement with the obligor--
``(A) the proceeds of that obligation, including such
interest as may be earned thereon; and
``(B) if required by the Secretary, an amount equal to 6
month's interest on the obligation.
``(2) The Secretary may release funds held in escrow under
paragraph (1) only if the Secretary determines that--
``(A) the obligor has paid its portion of the actual cost
of construction, reconstruction, or reconditioning; and
``(B) the funds released are needed--
``(i) to pay, or make reimbursements in connection with
payments previously made for work performed in that
construction, reconstruction, or reconditioning; or
``(ii) to pay for other costs approved by the Secretary,
with respect to the vessel or vessels.
``(3) If the security for the''.
(b) Authority To Hold Obligor's Cash as Collateral.--Title
XI of the Merchant Marine Act, 1936 is amended by inserting
after section 1108 the following:

``SEC. 1109. DEPOSIT FUND.

``(a) Establishment of Deposit Fund.--There is established
in the Treasury a deposit fund for purposes of this section.
The Secretary may, in accordance with an agreement under
subsection (b), deposit into and hold in the deposit fund
cash belonging to an obligor to serve as collateral for a
guarantee under this title made with respect to the obligor.
``(b) Agreement.--
``(1) In general.--The Secretary and an obligor shall enter
into a reserve fund or other collateral account agreement to
govern the deposit, withdrawal, retention, use, and
reinvestment of cash of the obligor held in the deposit fund
established by subsection (a).
``(2) Terms.--The agreement shall contain such terms and
conditions as are required under this section and such
additional terms as are considered by the Secretary to be
necessary to protect fully the interests of the United
States.
``(3) Security interest of united states.--The agreement
shall include terms that grant to the United States a
security interest in all amounts deposited into the deposit
fund.
``(c) Investment.--The Secretary may invest and reinvest
any part of the amounts in the deposit fund established by
subsection (a) in obligations of the United States with such
maturities as ensure that amounts in the deposit fund will be
available as required for purposes of agreements under
subsection (b). Cash balances of the deposit fund in excess
of current requirements shall be maintained in a form of
uninvested funds and the Secretary of the Treasury shall pay
interest on these funds.
``(d) Withdrawals.--
``(1) In general.--The cash deposited into the deposit fund
established by subsection (a) may not be withdrawn without
the consent of the Secretary.
``(2) Use of income.--Subject to paragraph (3), the
Secretary may pay any income earned on cash of an obligor
deposited into the deposit fund in accordance with the terms
of the agreement with the obligor under subsection (b).

[[Page 12213]]

``(3) Retention against default.--The Secretary may retain
and offset any or all of the cash of an obligor in the
deposit fund, and any income realized thereon, as part of the
Secretary's recovery against the obligor in case of a default
by the obligor on an obligation.''.

SEC. 3404. 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. 3405. OWNERSHIP OF THE JEREMIAH O'BRIEN.

Section 3302(l)(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.''.

TITLE XXXV--PANAMA CANAL COMMISSION

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 funds 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 administration of the Panama
Canal for fiscal year 2000 until the termination of the
Panama Canal Treaty of 1977.
(b) Limitations.--Until noon on December 31, 1999, the
Panama Canal Commission may expend from funds in the Panama
Canal Revolving Fund not more than $100,000 for official
reception and representation expenses, of which--
(1) not more than $28,000 may be used for official
reception and representation expenses of the Supervisory
Board of the Commission;
(2) not more than $14,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $58,000 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 purchase and transportation to the Republic of Panama
of passenger motor vehicles built in the United States, the
purchase price of which shall not exceed $26,000 per vehicle.

SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION.

(a) Expenditures From Panama Canal Commission Dissolution
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 enumerated in clauses (i) and (ii) of paragraph
(2)(A) until October 1, 2004.''.
(b) Operation of the Office of Transition Administration.--
(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 such office 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) Effective date.--This subsection shall be effective on
and after the termination of the Panama Canal Treaty of 1977.
(c) Office of Transition Administration Defined.--In this
section 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.
The CHAIRMAN. No amendment to the committee amendment in the nature
of a substitute is in order except amendments printed in House Report
106-175, amendments en bloc described in section 3 of House Resolution
200, the amendment by the gentleman from California (Mr. Cox) printed
on June 8, 1999, in the appropriate portion of the Congressional
Record, and pro forma amendments offered by the chairman and ranking
minority member.
Except as specified in section 5 of the resolution, each amendment
printed in the report shall be considered only in the order printed,
may be offered only by a Member designated in the report, shall be
considered read, and shall not be subject to a demand for a division of
the question.
Unless otherwise specified in the report, each amendment printed in
the report shall be debatable for 10 minutes, equally divided and
controlled by a proponent and an opponent of the amendment, and shall
not be subject to amendment, except that the chairman and ranking
minority member each may offer one pro forma amendment for the purpose
of further debate on any pending amendment.
Consideration of the last five amendments in Part A of the report
shall begin with an additional period of general debate, which shall be
confined to the subject of United States policy relating to the
conflict in Kosovo, and shall not exceed one hour, equally divided and
controlled by the chairman and ranking minority member.
It shall be in order at any time for the Chairman of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in Part B of the report not earlier disposed of
or germane modifications of any such amendment.
The amendments en bloc shall be considered read, except that
modifications shall be reported, shall be debatable for 20 minutes,
equally divided and controlled by the chairman and ranking minority
member or their designees, shall not be subject to amendment and shall
not be subject to a demand for a division of the question.

{time} 1345

The original proponent of an amendment included in the amendments en
bloc may insert a statement in the Congressional Record immediately
before disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may postpone a request for
a recorded vote on any amendment and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.
The Chairman of the Committee of the Whole may recognize for
consideration of amendments printed in the report out of the order in
which they are printed, but not sooner than 1 hour after the chairman
of the Committee on Armed Services or a designee announces from the
floor a request to that effect.
Before consideration of any other amendment, it shall be in order to
consider the amendment printed in the Congressional Record of June 8,
1999 by the gentleman from California (Mr. Cox) described in section
2(b) of the resolution, if offered by Mr. Cox, or his designee. That
amendment shall be considered read, shall be debatable for 1 hour,
equally divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a demand for
division of the question.

Amendment No. 14 Offered by Mr. Cox

Mr. COX. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 14 printed in the Congressional Record
offered by Mr. Cox:
TITLE XIV--PROLIFERATION AND EXPORT CONTROL MATTERS

SEC. 1401. REPORT ON COMPLIANCE BY THE PEOPLE'S REPUBLIC OF
CHINA AND OTHER COUNTRIES WITH THE MISSILE
TECHNOLOGY CONTROL REGIME.

(a) Report Required.--Not later than October 31, 1999, the
President shall transmit to Congress a report on the
compliance, or lack of compliance (both as to acquiring and
transferring missile technology), by the People's Republic of
China, with the Missile Technology Control Regime, and on any
actual or suspected transfer by Russia or any other country
of missile technology to the People's Republic of China in
violation of the Missile Technology Control Regime. The
report shall include a list specifying each actual or
suspected violation of the Missile Technology Control Regime
by the People's Republic of China, Russia, or other country
and, for each such violation, a description of the remedial
action (if any) taken by the United States or any other
country.
(b) Matters To Be Included.--The report under subsection
(a) shall also include information concerning--
(1) actual or suspected use by the People's Republic of
China of United States missile technology;
(2) actual or suspected missile proliferation activities by
the People's Republic of China;
(3) actual or suspected transfer of missile technology by
Russia or other countries to the People's Republic of China:
and

[[Page 12214]]

(4) United States actions to enforce the Missile Technology
Control Regime with respect to the People's Republic of
China, including actions to prevent the transfer of missile
technology from Russia and other countries to the People's
Republic of China.

SEC. 1402. ANNUAL REPORT ON TECHNOLOGY TRANSFERS TO THE
PEOPLE'S REPUBLIC OF CHINA.

(a) Annual Report.--The President shall transmit to
Congress an annual report on transfers to the People's
Republic of China by the United States and other countries of
technology with potential military applications, during the
1-year period preceding the transmittal of the report.
(b) Initial Report.--The initial report under this section
shall be transmitted not later than October 31, 1999.

SEC. 1403. REPORT ON IMPLEMENTATION OF TRANSFER OF SATELLITE
EXPORT CONTROL AUTHORITY.

Not later than August 31, 1999, the President shall
transmit to Congress a report on the implementation of
subsection (a) of section 1513 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2174; 22 U.S.C. 2778 note), transferring
satellites and related items from the Commerce Control List
of dual-use items to the United States Munitions List. The
report shall update the information provided in the report
under subsection (d) of that section.

SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT
LICENSING.

(a) Security at Foreign Launches.--As a condition of the
export license for any satellite to be launched outside the
jurisdiction of the United States, the Secretary of State
shall require the following:
(1) That the technology transfer control plan required by
section 1514(a)(1) 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) be prepared by the
Department of Defense, and agreed to by the licensee, and
that the plan set forth the security arrangements for the
launch of the satellite, both before and during launch
operations, and include enhanced security measures if the
launch site is within the jurisdiction of the People's
Republic of China or any other country that is subject to
section 1514 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999.
(2) That each person providing security for the launch of
that satellite--
(A) be employed by, or under a contract with, the
Department of Defense;
(B) have received appropriate training in the regulations
prescribed by the Secretary of State known as the
International Trafficking in Arms Regulations (hereafter in
this section referred to as ``ITAR'');
(C) have significant experience and expertise with
satellite 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.
(b) Defense Department Monitors.--The Secretary of Defense
shall--
(1) ensure that persons assigned as space launch campaign
monitors are provided sufficient training and have adequate
experience in the ITAR and have significant experience and
expertise with satellite technology, launch vehicle
technology, and launch operations technology;
(2) ensure that adequate numbers of such monitors are
assigned to space launch campaigns so that 24-hour, 7-day per
week coverage is provided;
(3) 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);
and
(4) adopt measures designed to make service as a space
launch campaign monitor an attractive career opportunity.

SEC. 1405. REPORTING OF TECHNOLOGY PASSED TO PEOPLE'S
REPUBLIC OF CHINA AND OF FOREIGN LAUNCH
SECURITY 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
transmitted to the People's Republic of China, 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
transmitted 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 limitations 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 Department of Defense component.

SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF
EXPORTING HIGH-PERFORMANCE COMPUTERS TO THE
PEOPLE'S REPUBLIC OF CHINA.

(a) Review.--The Secretary of Energy, the Secretary of
Defense, and the Secretary of State, in consultation with
other appropriate departments and agencies, shall conduct a
comprehensive review of the national security implications of
exporting high-performance computers to the People's Republic
of China. As part of the review, the Secretary 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 Secretary of Energy shall submit to
Congress a report on the results of the review under
subsection (a). The report shall be submitted not later than
six months after the date of the enactment of this Act and
shall be updated not later than the end of each subsequent 1-
year period.

SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC
OF CHINA OF HIGH-PERFORMANCE COMPUTERS.

(a) Revised HPC Verification System.--The President shall
seek to enter into an 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 computers and, at a minimum,
providing for on-site inspection of the end-use and end-user
of such computers, without notice, by United States nationals
designated by the United States Government. The President
shall transmit a copy of the 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 is amended by
adding at the end the following:
``(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 that subsection.''.

SEC. 1408. PROCEDURES FOR REVIEW OF EXPORT OF CONTROLLED
TECHNOLOGIES AND ITEMS.

(a) Recommendations for Prioritization of National Security
Concerns.--The President shall submit to Congress the
President's recommendations for the establishment of a
mechanism to identify, on a continuing basis, those
controlled technologies and items the export of which is of
greatest national security concern relative to other
controlled technologies and items.
(b) Recommendations for Executive Department Approvals for
Exports of Greatest National Security Concern.--With respect
to controlled technologies and items identified under
subsection (a), the President shall submit to Congress the
President's recommendations for the establishment of a
mechanism to identify procedures for export of such
technologies and items so as to provide--
(1) that the period for review by an executive department
or agency of a license application for any such export shall
be extended to a period longer than that otherwise required
when such longer period is considered necessary by the head
of that department or agency for national security purposes;
and
(2) that a license for such an export may be approved only
with the agreement of each executive department or agency
that reviewed the application for the license, subject to
appeal procedures to be established by the President.
(c) Recommendations for Streamlined Licensing Procedures
for Other Exports.--With respect to controlled technologies
and items other than those identified under subsection (a),
the President shall submit to Congress the President's
recommendations for modifications to licensing procedures for
export of such technologies and items so as to streamline the
licensing process and provide greater transparency,
predictability, and certainty.

SEC. 1409. NOTICE OF FOREIGN ACQUISITION OF UNITED STATES
FIRMS IN NATIONAL SECURITY INDUSTRIES.

Section 721(b) of the Defense Production Act of 1950 (50
U.S.C. 2170(b)) is amended--
(1) by inserting ``(1)'' before ``The President'';

[[Page 12215]]

(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
``(2) Whenever a person engaged in interstate commerce in
the United States is the subject of a merger, acquisition, or
takeover described in paragraph (1), that person shall
promptly notify the President, or the President's designee,
of such planned merger, acquisition, or takeover. Whenever
any executive department or agency becomes aware of any such
planned merger, acquisition, or takeover, the head of that
department or agency shall promptly notify the President, or
the President's designee, of such planned merger,
acquisition, or takeover.''.

SEC. 1410. FIVE-AGENCY INSPECTORS GENERAL EXAMINATION OF
COUNTERMEASURES AGAINST ACQUISITION BY THE
PEOPLE'S REPUBLIC OF CHINA OF MILITARILY
SENSITIVE TECHNOLOGY.

Not later than January 1, 2000, the Inspectors General of
the Departments of State, Defense, the Treasury, and Commerce
and the Inspector General of the Central Intelligence Agency
shall submit to Congress a report on the adequacy of current
export controls and counterintelligence measures to protect
against the acquisition by the People's Republic of China of
militarily sensitive United States technology. Such report
shall include a description of measures taken to address any
deficiencies found in such export controls and
counterintelligence measures.

SEC. 1411. OFFICE OF TECHNOLOGY SECURITY IN DEPARTMENT OF
DEFENSE.

(a) Enhanced Multilateral Export Controls.--
(1) New international controls.--The President shall work
(in the context of the scheduled 1999 review of the Wassenaar
Arrangement and otherwise) to establish new binding
international controls on technology transfers that threaten
international peace and United States national security.
(2) Improved sharing of information.--The President shall
take appropriate actions (in the context of the scheduled
1999 review of the Wassenaar Arrangement and otherwise) to
improve the sharing of information by nations that are major
exporters of technology so that the United States can track
movements of technology and enforce technology controls and
re-export requirements.
(b) Office of Technology Security.--(1) There is hereby
established in the Department of Defense an Office of
Technology Security. The Office shall support United States
Government efforts to--
(1) establish new binding international controls on
technology transfers that threaten international peace and
United States national security; and
(2) improve the sharing of information by nations that are
major exporters of technology so that the United States can
track movements of technology and enforce technology controls
and re-export requirements.
At the end of subtitle A of title XXXI (page 419, after
line 3), insert the following new section:

SEC. 3106. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE CYBER
SECURITY PROGRAM.

(a) Increased Funds for Counterintelligence Cyber
Security.--The amounts provided in section 3103 in the matter
preceding paragraph (1) and in paragraph (3) are each hereby
increased by $8,600,000, to be available for
Counterintelligence Cyber Security programs.
(b) Offsetting Reductions Derived From Contractor Travel.--
(1) The amount provided in section 3101 in the matter
preceding paragraph (1) (for weapons activities in carrying
out programs necessary for national security) is hereby
reduced by $4,700,000.
(2) The amount provided in section 3102 in the matter
preceding paragraph (1) of subsection (a) (for environmental
restoration and waste management in carrying out programs
necessary for national security) is hereby reduced by
$1,900,000.
(3) The amount provided in section 3103 in the matter
preceding paragraph (1) is hereby reduced by $2,000,000.
At the end of title XXXI (page 453, after line 15), insert
the following new subtitle:
Subtitle F--Protection of National Security Information

SEC. 3181. SHORT TITLE.

This subtitle may be cited as the ``National Security
Information Protection Improvement Act''.

SEC. 3182. SEMI-ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE
BY THE PEOPLE'S REPUBLIC OF CHINA.

(a) Reports Required.--The President shall transmit to
Congress a report, not less often than every six months, 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 the theft of
sophisticated United States nuclear weapons design
information and the targeting by the People's Republic of
China of United States nuclear weapons codes and other
national security information of strategic concern.
(b) Initial Report.--The first report under this section
shall be transmitted not later than January 1, 2000.

SEC. 3183. REPORT ON WHETHER DEPARTMENT OF ENERGY SHOULD
CONTINUE TO MAINTAIN NUCLEAR WEAPONS
RESPONSIBILITY.

Not later than January 1, 2000, the President shall
transmit to Congress a report regarding the feasibility of
alternatives to the current arrangements for controlling
United States nuclear weapons development, testing, and
maintenance within the Department of Energy, including the
reestablishment of the Atomic Energy Commission as an
independent nuclear agency. The report shall describe the
benefits and shortcomings of each such alternative, as well
as the current system, from the standpoint of protecting such
weapons and related research and technology from theft and
exploitation. The President shall include with such report
the President's recommendation for the appropriate
arrangements for controlling United States nuclear weapons
development, testing, and maintenance outside the Department
of Energy if it should be determined that the Department of
Energy should no longer have that responsibility.

SEC. 3184. DEPARTMENT OF ENERGY OFFICE OF FOREIGN
INTELLIGENCE AND OFFICE OF COUNTERINTELLIGENCE.

(a) In General.--The Department of Energy Organization Act
is amended by inserting after section 212 (42 U.S.C. 7143)
the following new sections:

``office of foreign intelligence

``Sec. 213. (a) There shall be within the Department an
Office of Foreign Intelligence, to be headed by a Director,
who shall report directly to the Secretary.
``(b) The Director shall be responsible for the programs
and activities of the Department relating to the analysis of
intelligence with respect to nuclear weapons and materials,
other nuclear matters, and energy security.
``(c) The Secretary may delegate to the Deputy Secretary of
Energy the day-to-day supervision of the Director.

``office of counterintelligence

``Sec. 214. (a) There shall be within the Department an
Office of Counterintelligence, to be headed by a Director,
who shall report directly to the Secretary.
``(b) The Director shall carry out all counterintelligence
activities in the Department relating to the defense
activities of the Department.
``(c) The Secretary may delegate to the Deputy Secretary of
Energy the day-to-day supervision of the Director.
``(d)(1) The Director shall keep the intelligence
committees fully and currently informed of all significant
security breaches at any of the national laboratories.
``(2) For purposes of this subsection, the term
`intelligence committees' means the Permanent Select
Committee of the House of Representatives and the Select
Committee on Intelligence of the Senate.''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act is amended by inserting after the item
relating to section 212 the following new items:

``Sec. 213. Office of Foreign Intelligence.
``Sec. 214. Office of Counterintelligence.''.

SEC. 3185. COUNTERINTELLIGENCE PROGRAM AT DEPARTMENT OF
ENERGY NATIONAL LABORATORIES.

(a) Program Required.--The Secretary of Energy shall
establish and maintain at each national laboratory a
counterintelligence program for the defense-related
activities of the Department of Energy at such laboratory.
(b) Head of Program.--The Secretary shall ensure that, for
each national laboratory, the head of the counterintelligence
program of that laboratory--
(1) has extensive experience in counterintelligence
activities within the Federal Government; and
(2) with respect to the counterintelligence program, is
responsible directly to, and is hired with the concurrence
of, the Director of Counterintelligence of the Department of
Energy and the director of the national laboratory.

SEC. 3186. COUNTERINTELLIGENCE ACTIVITIES AT OTHER DEPARTMENT
OF ENERGY FACILITIES.

(a) Assignment of Counterintelligence Personnel.--(1) The
Secretary of Energy shall assign to each Department of Energy
facility, other than a national laboratory, at which
Restricted Data is located an individual who shall assess
security and counterintelligence matters at that facility.
(2) An individual assigned to a facility under this
subsection shall be stationed at the facility.
(b) Supervision.--Each individual assigned under subsection
(a) shall report directly to the Director of the Office of
Counterintelligence of the Department of Energy.

SEC. 3187. DEPARTMENT OF ENERGY POLYGRAPH EXAMINATIONS.

(a) Counterintelligence Polygraph Program Required.--The
Secretary of Energy, acting through the Director of
Counterintelligence of the Department of Energy, shall carry
out a counterintelligence polygraph program for the defense
activities of the Department of Energy. The program shall
consist of the administration on a regular basis of a
polygraph examination to each covered

[[Page 12216]]

person who has access to a program that the Director of
Counterintelligence and the Assistant Secretary assigned the
functions under section 203(a)(5) of the Department of Energy
Organization Act determine requires special access
restrictions.
(b) Covered Persons.--For purposes of subsection (a), a
covered person is any of the following:
(1) An officer or employee of the Department.
(2) An expert or consultant under contract to the
Department.
(3) An officer or employee of any contractor of the
Department.
(c) Additional Polygraph Examinations.--In addition to the
polygraph examinations administered under subsection (a), the
Secretary, in carrying out the defense activities of the
Department--
(1) may administer a polygraph examination to any employee
of the Department or of any contractor of the Department, for
counterintelligence purposes; and
(2) shall administer a polygraph examination to any such
employee in connection with an investigation of such
employee, if such employee requests the administration of a
polygraph examination for exculpatory purposes.
(d) Regulations.--(1) The Secretary shall prescribe any
regulations necessary to carry out this section. Such
regulations shall include procedures, to be developed in
consultation with the Director of the Federal Bureau of
Investigation, for identifying and addressing ``false
positive'' results of polygraph examinations.
(2) Notwithstanding section 501 of the Department of Energy
Organization Act (42 U.S.C. 7191) or any other provision of
law, the Secretary may, in prescribing regulations under
paragraph (1), waive any requirement for notice or comment if
the Secretary determines that it is in the national security
interest to expedite the implementation of such regulations.
(e) No Change in Other Polygraph Authority.--This section
shall not be construed to affect the authority under any
other provision of law of the Secretary to administer a
polygraph examination.

SEC. 3188. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF
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
Department of Energy Regulations Regarding Security of
Classified or Sensitive Information or Data.--
``a. Any individual or entity that has entered into a
contract or agreement with the Department of Energy, or a
subcontract or subagreement thereto, and that commits a gross
violation or a pattern of gross violations of any applicable
rule, regulation, or order prescribed or otherwise issued by
the Secretary pursuant to this subtitle 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 $500,000 for each such
violation.
``b. The Secretary shall include, in each contract entered
into after the date of the enactment of this section with a
contractor 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 contractor 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 shall apply
to the assessment of civil penalties under this section.''.
(b) Clarifying Amendment.--The section heading of section
234A of that Act (42 U.S.C. 2282a) is amended by inserting
``Safety'' before ``Regulations''.
(c) Clerical Amendment.--The table of sections in the first
section of that Act is amended by inserting after the item
relating to section 234 the following new items:

``234A. Civil Monetary Penalties for Violations of Department of Energy
Safety Regulations.
``234B. Civil Monetary Penalties for Violations of Department of Energy
Regulations Regarding Security of Classified or Sensitive
Information or Data.''.

SEC. 3189. 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
``$400,000''; and
(2) in clause b., by striking ``$10,000'' and inserting
``$200,000''.
(b) Receipt of Restricted Data.--Section 225 of such Act
(42 U.S.C. 2275) is amended by striking ``$20,000'' and
inserting ``$400,000''.
(c) Disclosure of Restricted Data.--Section 227 of such Act
(42 U.S.C. 2277) is amended by striking ``$2,500'' and
inserting ``$50,000''.

SEC. 3190. RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES BY
FOREIGN VISITORS FROM SENSITIVE COUNTRIES.

(a) Background Review Required.--The Secretary of Energy
may not admit to any facility of a national laboratory 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 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
beginning 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 a certification described in
paragraph (3).
(3) A certification referred to in paragraph (2) is a
certification by the Director of Counterintelligence of the
Department of Energy, with the concurrence of the Director of
the Federal Bureau of Investigation, that all security
measures are in place that are necessary and appropriate to
prevent espionage or intelligence gathering by or for a
sensitive country, including access by individuals referred
to in paragraph (1) to classified information of the national
laboratory.
(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 determined 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
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(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
determined 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 any 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.--In the
case of a program undertaken pursuant to an international
agreement between the United States and a foreign nation, the
moratorium under subsection (b) shall not apply to the
admittance to a facility that is important to that program of
a citizen of that foreign nation whose admittance is
important to that program.
(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
prescribed by the Secretary of Energy known as the Department
of Energy List of Sensitive Countries.

SEC. 3191. REQUIREMENTS RELATING TO ACCESS BY FOREIGN
VISITORS AND EMPLOYEES TO DEPARTMENT OF ENERGY
FACILITIES ENGAGED IN DEFENSE ACTIVITIES.

(a) Security Clearance Review Required.--The Secretary of
Energy may not

[[Page 12217]]

allow unescorted access to any classified area, or access to
classified information, of any facility of the Department of
Energy engaged in the defense activities of the Department to
any individual who is a citizen of a foreign nation unless--
(1) the Secretary, acting through the Director of
Counterintelligence, first completes a security clearance
investigation with respect to that individual in a manner at
least as comprehensive as the investigation required for the
issuance of a security clearance at the level required for
such access under the rules and regulations of the
Department; or
(2) a foreign government first completes a security
clearance investigation with respect to that individual in a
manner that the Secretary of State, pursuant to an
international agreement between the United States and that
foreign government, determines is equivalent to the
investigation required for the issuance of a security
clearance at the level required for such access under the
rules and regulations of the Department.
(b) Effect on Current Employees.--The Secretary shall
ensure that any individual who, on the date of the enactment
of this Act, is a citizen of a foreign nation and an employee
of the Department or of a contractor of the Department is not
discharged from such employment as a result of this section
before the completion of the security clearance investigation
of such individual under subsection (a) unless the Director
of Counterintelligence determines that such discharge is
necessary for the national security of the United States.

SEC. 3192. ANNUAL REPORT ON SECURITY AND COUNTERINTELLIGENCE
STANDARDS AT NATIONAL LABORATORIES AND OTHER
DEFENSE FACILITIES OF THE DEPARTMENT OF ENERGY.

(a) Report on Security and Counterintelligence Standards at
National Laboratories and Other DOE Defense Facilities.--Not
later than March 1 of each year, the Secretary of Energy,
acting through the Director of Counterintelligence of the
Department of Energy, shall submit a report on the security
and counterintelligence standards at the national
laboratories, and other facilities of the Department of
Energy engaged in the defense activities of the Department,
to the following:
(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(b) Contents of Report.--The report shall be in classified
form and shall contain, for each such national laboratory or
facility, the following information:
(1) A description of all security measures that are in
place to prevent access by unauthorized individuals to
classified information of the national laboratory or
facility.
(2) A certification by the Director of Counterintelligence
of the Department of Energy as to whether--
(A) all security measures are in place to prevent access by
unauthorized individuals to classified information of the
national laboratory or facility; and
(B) such security measures comply with Presidential
Decision Directives and other applicable Federal requirements
relating to the safeguarding and security of classified
information.
(3) For each admission of an individual under section 3190
not described in a previous report under this section, the
identity of that individual, and whether the background
review required by that section determined that information
relevant to security exists with respect to that individual.

SEC. 3193. REPORT ON SECURITY VULNERABILITIES OF NATIONAL
LABORATORY COMPUTERS.

(a) Report Required.--Not later than March 1 of each year,
the National Counterintelligence Policy Board shall prepare a
report, in consultation with the Director of
Counterintelligence of the Department of Energy, 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 the 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 from 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 FBI
Director.--Not later than March 1 of each year, the report
shall be submitted in classified and unclassified form to the
Secretary of Energy and the Director of the Federal Bureau of
Investigation.
(d) Forwarding to Congressional Committees.--Not later than
30 days after the report is submitted, the Secretary and 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
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.

SEC. 3194. GOVERNMENT ACCESS TO CLASSIFIED INFORMATION ON
DEPARTMENT OF ENERGY DEFENSE-RELATED COMPUTERS.

(a) Procedures Required.--The Secretary of Energy shall
establish procedures to govern access to classified
information on DOE defense-related computers. Those
procedures shall, at a minimum, provide that each employee of
the Department of Energy who requires access to classified
information shall be required as a condition of such access
to provide to the Secretary written consent which permits
access by an authorized investigative agency to any DOE
defense-related computer used in the performance of the
defense-related duties of such employee during the period of
that employee's access to classified information and for a
period of three years thereafter.
(b) Expectation of Privacy in DOE Defense-Related
Computers.--Notwithstanding any other provision of law
(including any provision of law enacted by the Electronic
Communications Privacy Act of 1986), no user of a DOE
defense-related computer shall have any expectation of
privacy in the use of that computer.
(c) Definitions.--For purposes of this section:
(1) The term `DOE defense-related computer'' means a
computer of the Department of Energy or a Department of
Energy contractor that is used, in whole or in part, for a
Department of Energy defense-related activity.
(2) The term ``computer'' means an electronic, magnetic,
optical, electrochemical, or other high-speed data processing
device performing logical, arithmetic, or storage functions,
and includes any data storage facility or communications
facility directly related to, or operating in conjunction
with, such device.
(3) The term ``authorized investigative agency'' means an
agency authorized by law or regulation to conduct a
counterintelligence investigation or investigations 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.
(4) The term ``classified information'' means any
information that has been determined pursuant to Executive
Order No. 12356 of April 2, 1982, or successor orders, or the
Atomic Energy Act of 1954, to require protection against
unauthorized disclosure and that is so designated.
(5) The term ``employee'' includes any person who receives
a salary or compensation of any kind from the Department of
Energy, is a contractor of the Department of Energy or an
employee thereof, is an unpaid consultant of the Department
of Energy, or otherwise acts for or on behalf of the
Department of Energy.
(d) Establishment of Procedures.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Energy shall prescribe such regulations as may be necessary
to implement this section.

SEC. 3195. DEFINITION OF NATIONAL LABORATORY.

For purposes of this subtitle, the term ``national
laboratory'' means any of the following:
(1) The Lawrence Livermore National Laboratory, Livermore,
California.
(2) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
(3) The Sandia National Laboratories, Albuquerque, New
Mexico.
(4) The Oak Ridge National Laboratories, Oak Ridge,
Tennessee.

The CHAIRMAN. Pursuant to House Resolution 200, the gentleman from
California (Mr. Cox) and the gentleman from Connecticut (Mr. Gejdenson)
each will control 30 minutes.
The Chair recognizes the gentleman from California (Mr. Cox).
Mr. COX. Mr. Chairman, I yield myself such time as I may consume.
I am delighted that the amendment that the gentleman from Washington
(Mr. Dicks) and I are offering today has, like the report of our select
committee itself, been brought to the floor in a bipartisan fashion,
endorsed in this case by every Republican and Democratic member of our
select committee. In addition, the amendment is supported by the
representatives of the congressional districts in which our national
weapons laboratories are located: the gentlewoman from New Mexico (Mrs.
Wilson), the gentleman from Texas (Mr. Thornberry), the gentleman from
Tennessee (Mr. Wamp) and the gentlewoman from California (Mrs.
Tauscher). The amendment is also supported by the gentleman from New
York (Mr. Gilman) and the gentleman

[[Page 12218]]

from South Carolina (Mr. Spence) of the Committees on International
Relations and Armed Services as well as by the gentleman from
California (Mr. Dreier) of the Committee on Rules. All of these people
have contributed in important ways to fashioning the amendment that is
before us.
Last year, this House created the Select Committee on U.S. Security
and Military/Commercial Concerns With the People's Republic of China to
investigate efforts by the PRC to acquire American high technology for
military purposes. It was my privilege to chair that committee and to
serve with leaders on national security and foreign policy from both
sides of the aisle, in particular our ranking Democratic member the
gentleman from Washington (Mr. Dicks), at the time the ranking
Democratic member also of the Permanent Select Committee on
Intelligence. The vice chairman of our select committee was the
gentleman from Florida (Mr. Goss), who was then and is now the chairman
of the Permanent Select Committee on Intelligence. The gentleman from
Nebraska (Mr. Bereuter), who serves as the chairman of the Subcommittee
on Asia and the Pacific of the Committee on International Relations,
was also a leader on the select committee, as were the gentleman from
Utah (Mr. Hansen) and the gentleman from South Carolina (Mr. Spratt),
senior members of the Committee on Armed Services, and the gentleman
from Pennsylvania (Mr. Weldon), who on the Committee on Armed Services
is the chairman of the Subcommittee on Military Research and
Development. The gentlewoman from California (Ms. Roybal-Allard) and
the gentleman from Virginia (Mr. Scott) were strong contributors to our
committee and to the fashioning of this amendment.
I want to pay tribute to these of my colleagues who are hardworking
and patriotic members who spent months on a very difficult and grueling
investigation essentially behind closed doors without any notice by the
rest of our colleagues. During that period of time we heard 150 hours
of testimony from 75 different witnesses and reviewed over half a
million pages of evidentiary material. The amendment that we are
bringing to the floor today is a start on the implementation of the 38
recommendations of this select committee. Most of the legislative
recommendations that our select committee has made fall within the
jurisdiction of standing committees of the House of Representatives and
of the other body, and for that reason are not being offered today,
notwithstanding that we had half a year of hearings on our
recommendations before reaching them. We are deferring at the request
of those committees to their jurisdiction, but we hope and expect
inasmuch as our recommendations were laid at their feet on the 3rd of
January of this year that very shortly we will be back on the floor
with the lion's share of the recommendations that our select committee
has made.
What we have prepared for consideration today as a start on that
process is an amendment that will require the Department of Defense to
prepare the Technology Transfer Control Plans for satellite launches in
the People's Republic of China, a very significant substantive matter
into which the select committee inquired. The amendment will also
require that the Department of Defense have highly trained employees to
provide round-the-clock monitoring and security for these foreign
launches that we have thought was always being provided ever since this
program was adopted a decade ago. The amendment will require improved
controls over information transmitted to the PRC during the course of
launches. It will require the President to report on how he is
implementing a key reform already adopted by the Congress last year,
the transfer of satellite export control authority from the Commerce
Department to the State Department.
Our select committee also recommended an improved intelligence
community focus on the People's Republic of China's intelligence
efforts directed against the United States, including reports to the
Congress on PRC espionage and on technology transfers to the PRC. And
we have recommended and called for in this amendment a five-agency
inspectors general counterintelligence review of countermeasures
against PRC technology acquisition. This amendment directly implements
a recommendation in that respect of the select committee. Our report
also calls for stronger multilateral governance of exports of certain
militarily useful goods and technologies. We found that the United
States should insist on PRC compliance with the MTCR, the Missile
Technology Control Regime, and this amendment calls for follow-up on
that.
We found that the United States should work to revive the strong
multilateral proliferation controls that were dismantled in 1994. Our
amendment responds by requiring the President to submit a full report
on PRC compliance with the Missile Technology Control Regime, including
a list of violations, and any remedial actions that he has taken. We
require the President to work for new binding international controls on
harmful technology transfers, so that when the United States controls
an export, as in many cases we already do, we do not go it alone and we
find that only our producers and our workers are injured with no
national security benefit because someone else is rushing in to make
the sale. We had a system just like this in 1994. It was allowed to
dissipate and we need to show international leadership and put that
system back together.
In furtherance of that goal, this amendment creates a new Office of
Technology Security in the Department of Defense, dedicated exclusively
to support of these efforts. Our report unanimously concluded that no
adequate verification exists that high-powered computers, what used to
be called supercomputers, now high-performance computers, that are
exported to the PRC are being used for civilian rather than military
purposes. We have called for the establishment of an open transparent
system, an effective verification regime in the PRC by September of
this year as a condition for export licensing and the continued sale of
the current speeds of computers and even faster ones in the future.
We have also called for a comprehensive annual assessment of the
national security implications of such exports. We direct the President
in this amendment to revise the existing verification agreement with
the PRC to include real on-site inspections. We have agreed in a
bilateral with the PRC already in principle that this should occur but
that bilateral is shot full of holes and we need to make it work. We
need to have end use verification without notice, on demand, negotiated
simply as a term of trade, not in any way calling into question the
national sovereignty of the PRC. And we further require in this
amendment a comprehensive annual report on the national security
implications of these exports.
These are important improvements, but I want to emphasize this
represents, even after we pass this amendment, unfinished business by
this Congress. We have much work to do. Some additional hearings
undoubtedly will be required but most importantly markups and the
movement of legislation through our standing committees of jurisdiction
to the floor so that we can do the heavy lifting that is called for in
the full 38 of our recommendations, some 26 of which are touched upon
although not implemented in full in the amendment that is before us
today. In that regard, I am very happy that the gentleman from New York
(Mr. Gilman) of the Committee on International Relations has assured me
that his committee will move legislation addressing these
recommendations in the immediate future.
Our report found wholesale inexcusable security weaknesses at our
Nation's national weapons laboratories, among the most sensitive
national defense sites in our country. Our report recommended a battery
of urgent reforms, and this amendment comprehensively implements them.
We establish offices of foreign intelligence and counterintelligence
within the Energy Department, reporting directly to the Secretary of
Energy, as well as counterintelligence programs at each national
laboratory. We require a DOE counterintelligence polygraph program,
something that should have been

[[Page 12219]]

in place frankly for a long time. We establish a moratorium on foreign
visitor programs with a national security waiver that the Energy
Secretary can issue until such time as there is certified and in place
a program with adequate security measures. We bar access by foreigners
to classified areas and information at Department of Energy facilities
until they have been cleared, until the foreign visitors have been
cleared for security. And we clarify and confirm that the Federal
Government has every right, has now and in fact always has had every
right to search defense-related computers throughout the DOE complex.
In conclusion, this is a balanced response to an urgent problem. It
is a first of several important steps that we need to take. I want in
closing to thank again the staff of the committees of jurisdiction that
have worked with us in bringing this amendment to the floor and the
staff of our select committee, including in particular our select
committee staff director Dean McGrath, special counsel Mike Sheehy, the
policy committee's executive director Ben Cohen and Jonathan Burks,
Walker Roberts of the Committee on International Relations staff,
Robert Rangel of the Committee on Armed Services staff, Andrew Hunter
with the gentleman from Washington (Mr. Dicks) and Hugh Brady with the
gentleman from South Carolina (Mr. Spratt). Their hard work has served
the national interest.
Mr. Chairman, I reserve the balance of my time.
Mr. GEJDENSON. Mr. Chairman, I ask unanimous consent that in
concluding my remarks, my time be handled by the gentlewoman from
California (Ms. Lee).
The CHAIRMAN. Is there objection to the request of the gentleman from
Connecticut?
There was no objection.
Mr. GEJDENSON. Mr. Chairman, I yield myself such time as I may
consume. We had a select committee, and the select committee issued a
report. In that report they stated that the appropriate congressional
committees report legislation. But apparently we have now tried a new
tack. To prevent opposition for this legislation, a lot of the most
important provisions apparently have been removed. We now have nine or
ten reports from the administration. I know we all look forward to
getting more reports from the administration and that will be helpful
to all of us. But I am fearful that the entire process is leading to a
frenzy that will shut down American industry. And if there is anything
that would harm American national security, it is our leadership in
these very high tech fields. When we look at where computers come from
these days, we find that we do not control all the computers.
Approximately 14 of the top 25 manufacturers of workstations are not
U.S. companies but foreign competitors. And even in the most powerful
supercomputers, Hitachi, NEC and Fujitsu manufacture 20 percent of
them. Now, when we look at what supercomputers are, we find that you
can buy the next generation of Intel, which will have a 500 megahertz
system, is what we are used to calling it, but if you put it in MTOPS,
the same numbers the government uses, you will find that this computer
which has a board that you can put eight chips in will operate at
16,000 MTOPS.
Now, when I first got to Congress, the Defense Department and the
State Department prevented the sale of American machine tools, because
our machine tools were so good they did not want the Russians to get
them. We did that for so long that we no longer were the leader in
machine tools. And finally when we caught the Russians getting a
machine tool of the quality they wanted, what they bought was a
Toshiba. If we are not very careful here, we will do little to increase
our security as far as theft of American development, scientific and
defense-related, but we will cripple the industries that give us the
lead.

{time} 1400

If we start trying to block the kind of sales that are commercially
available, countries will not just sit back and say, well, I cannot get
it in the United States, so I am not going to go to Japan, I am not
going to go to Taiwan, I am not going to go to Israel and Moscow and
all the other places these products are available.
So, while we have this great instinct at the moment to respond to
what clearly has been a problem, if we do not do it in a comprehensive
manner, I think we will do more damage to American national security
than we will to those trying to pilfer our secrets.
It is clear that what we need to do is rather than simply broaden our
controls we need to narrow our controls and focus them on choke point
technologies, fissionable material, the things that make weapons and
the technologies we can control. If we try to control a product that is
available in Radio Shack in Beijing, we are kidding ourselves.
Now in the discussions of having the follow on to COCOM to be a more
effective force, we have now been through two administrations, and
COCOM, even when the Soviet Union was at its height, we always had
problem with our allies selling the technologies we wanted to control.
With the end of COCOM, we have barely been able to get them to sit down
in the room to discuss these technologies, but they are certainly not
restricting the sale.
So what I see happening here is in an attempt to create the image of
action we are taking steps that may not be harmful today but certainly
are not, one, the comprehensive solution that we need in the
comprehensive review and certainly violate the committee's own
statement again where the committee stated that the appropriate
congressional committees should report the legislation.
That is not a turf fight; that is about people who look at the entire
issue, balance America's interest, both in security and economic, take
a look at what is doable rather than simply ad hoc adding section after
section.
Mr. BEREUTER. Mr. Chairman, will the gentleman yield?
Mr. GEJDENSON. I yield to the gentleman from Nebraska.
Mr. BEREUTER. Mr. Chairman, I thank the distinguished gentleman from
Connecticut for yielding as this Member needs to start a classified
briefing with Dr. Perry on his North Korea visit.
I wanted to say that I understand the gentleman's concern, for
example, about the potential loss of jurisdiction for the House
International Relations Committee. I had those jurisdiction concerns
myself, and still do to some extent, although part of yesterday was
spent in discussing and negotiating, in effect, on this amendment's
language with the gentleman from California (Mr. Cox) and indirectly
with the gentleman from Washington (Mr. Dicks). Also, I am a member of
the select committee that has done the work leading to this amendment
by the gentleman from California, and I thank the gentleman from
California for his kind remarks.
Sections 1401 through 1411 are, for the most part, with International
Relations jurisdiction. We have seen changes in this amendment, but
also I think it is incumbent on us to recognize that we need to look at
the language of this amendment very closely, clearly before conference
is conducted, to see if, in fact, the amendment might have unintended
consequences that are not visible now. But I also think, as Chairman
Cox suggested that our International Relations Committee needs to
conduct oversight, as several other committees do as we proceed to the
implementation of the recommendations in the Cox Committee's
recommendations. I do understand the desire of the gentleman from
California (Mr. Cox) to have action on his amendment now, and I think
he has made great accommodations to our jurisdictional consensus.
As my colleagues know, the recommendations, the 38, were unanimously
approved by the Cox select committee. Now comes the difficult task of
writing appropriate legislation. So I do understand the concerns of the
distinguished gentleman from Connecticut heard here today relating to
jurisdiction. I think we on the International Relations Committee ought
to

[[Page 12220]]

commit ourselves to trying to move quickly on oversight but also to
refine the language of this amendment as necessary in the next several
weeks.
Mr. GEJDENSON. Reclaiming my time, I just add that, as my colleagues
know, giving Members of Congress not even 24 hours to see the language
on amendment of this nature is also problematic. I understand the
negotiations were going on until the very end, but this is too serious
to do on an ad hoc basis with a section here and a section there.
Mr. Chairman, I think if we look at that, at one point televisions
were American. Next thing we know, they did not make them in America
virtually. At one point machine tools, we have the leadership in
manufacturing machine tools; it went to Japan. High tech is easier to
move, cheaper to move and is available in lots of other countries. We
are not careful, we are going to kill the American expertise and
superiority in this area.
Mr. Chairman, I reserve the balance of my time.
Ms. LEE. Mr. Chairman, I yield 5 minutes to the gentleman from
Washington (Mr. Dicks).
Mr. DICKS. Mr. Chairman, I rise in support of the Cox-Dicks
amendment. The amendment is bipartisan and represents a good common
ground that members of both parties can support. Most importantly, it
will help to solve the important security problems we have at the
Department of Energy, and before I go any further I want to echo and
associate myself with the remarks of the gentleman from California who
served this House in a very successful and distinguished way as
chairman of the committee, the select committee, and it was about a
year ago that we started down this road, and he has done an excellent
job representing the House, and I am proud to associate myself with
this amendment to start implementing the recommendations of our select
committee. And I, too, want to compliment the staff, particularly the
investigative staff who did a principle amount of the work on this very
important issue.
I am proud that the House has managed to address this problem in a
bipartisan fashion. We have had several bumps and long terms along the
road, but we have arrived in the right place I believe. I commend the
gentleman from California (Mr. Cox) for working hard to ensure the
bipartisan agreement was possible. The amendment we have crafted, while
not perfect, is a good one. I urge members to vote for this amendment
to help solve the glaring security problems at the Department of
Energy. Our new Secretary, Bill Richardson, is doing a great job there
to solve these problems with the help of Ed Curran who is in charge of
counter intelligence. We can help him, and we should.
This amendment codifies major portions of Presidential Decision
Directive 61, PDD 61, to establish strong, independent Office of
Counter intelligence at DOE with direct access to the Secretary, and I
might point out in fairness the President had made his decision on this
directive in February of 1998, four months before our select committee
was established, and it took awhile to get the recommendations of Mr.
Curran in place, but Secretary Richardson is doing that with great
force and vigor.
This also, this amendment also requires regular polygraphing of
employees handling sensitive nuclear information, greatly increases
civil and criminal penalties for mishandling or release of classified
information, imposes a strong moratorium on foreign visitors to
national labs until strong security measures are in place, re-enforces
prohibitions on giving classified information to foreign nationals,
requires a comprehensive annual report on security and counter
intelligence at all DOE defense facilities, requires a report and red
team analysis of DOE computer vulnerabilities including funding for a
new cyber security program and requires DOE employees to consent to
searches of their work computers used in DOE defense activity as a
condition of receiving security clearance.
Mr. Chairman, these measures are tough but appropriate, and they give
Energy Secretary Richardson the authority he needs to solve the
problem. That should be our goal today. Let us stay away from the blame
game.
As I mentioned, this amendment is not perfect. It will require some
further work in conference on a few issues. In particular it was my
intention that this amendment would not affect the nuclear Navy, and we
have committed to work on this issue in the context of conference
committee, and in fact it is my belief that this amendment does not
reach the nuclear Navy labs.
We have also agreed to address in conference the concerns that we may
undermine existing bilateral agreements with China and Russia and
interfere in launch campaigns with our European allies by requiring the
Department of Defense to hire security personnel at launch campaigns.
By the way, this was one of my recommendations, and I hope that we can
keep it in place. We need to continue to work on it.
Again I want to thank the gentleman from California (Mr. Cox) for
working with me on this amendment, and I urge every member to support
it.
I think in addressing what my good friend, the gentleman from
Connecticut (Mr. Gejdenson) has said earlier, it was our intent and our
hope that each of the committees of Congress that has jurisdiction
would take action, and of course the defense authorization bill gave us
a vehicle working with members of the defense committee, the gentleman
from Missouri (Mr. Skelton), the gentleman from South Carolina (Mr.
Spratt), the gentleman from Pennsylvania (Mr. Weldon) and others who
are members of the committee in a bipartisan fashion to draft this
amendment. So we are trying our very best to live up not only to our
select committee's recommendation, but also to respect the jurisdiction
of the House and the committees in the House, many of whom were
involved in the drafting of this amendment.
So, again it has been a great pleasure to work with the gentleman
from California (Mr. Cox) and his staff on drafting this amendment and
working on the select committee report. I think it was good that in a
time of upheaval here in the House, during impeachment that we could
come to a bipartisan agreement on an important national security issue.
Mr. COX of California. Mr. Chairman, I yield 4 minutes to the
gentleman from Florida (Mr. Goss), Chairman of the Permanent Select
Committee on Intelligence and the Vice Chairman of the Select
Committee.
Mr. GOSS. Mr. Chairman, I want to take the opportunity in this debate
to restate to the whole House and to the whole world the important work
that was done by the subcommittee of the gentleman from California (Mr.
Cox). I think it is very fair to say that it was bipartisan, it was
unanimous, and it was extraordinarily significant, and that just did
not happen by circumstance.
I rise in strong support of the bipartisan amendment that we have got
before us today. Obviously the amendment provides reasonable steps to
start the process, to carry out some, not all, of the recommendations
of the Cox committee.
I want to commend very much publicly the gentleman from California
(Mr. Cox) and ranking member (Mr. Dicks), other members of the
committee, for their excellent work, for their very strong leadership
in what I think is obviously a vital national security matter, and
anybody who reads the report would have to come to that same
conclusion. It was a pleasure to be associated with that effort.
However I speak as Chairman of the Permanent Select Committee on
Intelligence and Vice Chairman of the Cox Committee on China both today
because I have tried to serve as a bridge between the two
organizations. Obviously the intelligence peace is just one part of
what the Cox committee did, but it is a very important part, and now
that the Cox report has been released, those committee chairmen with
jurisdiction over various aspects of our findings on the Cox committee
can get

[[Page 12221]]

down to the business and will get down to the business of taking
legislative and other steps to implement the recommendations in the
bipartisan undertaking that that committee was. Hence the amendment
today.
With this in mind, Mr. Chairman, I have asked that the Permanent
Select Committee on Intelligence move forward in 6 specific areas.
First we will examine all manner of Chinese directed espionage against
the United States. That is no small matter. Second, we will examine
Chinese directed covert action type activities conducted against the
United States such as the use of agents of influence and efforts to
subvert or otherwise manipulate the United States political process,
something that is near and dear to our hearts and must not be tampered
with. Third, we will examine counterintelligence programs, past,
present and proposed, for the Department of Energy, Department of
Defense, for the national labs, with the emphasis on the adequacy of
the proposed enhancements and the structural changes meant to manage
them. Fourth, we will investigate the issue of whether the Permanent
Select Committee on Intelligence was kept properly advised of
developments by the FBI and the Department of Energy. This is important
because there is conflicting testimony, and oversight is a tradition in
this House, but it is also a responsibility in this House. It is built
on trust and candor, and we must have that between the branch of
government. So that is an area that must be cleared up.
Fifth, we will examine issues relating to the role the intelligence
community plays in supporting policymakers in determining U.S. export
and technology transfer policies. Certainly there is an argument that
can be made that we were a little over zealous in selling things that
perhaps we should have been more cautious about. That in no way takes
away from the thought that my friend and colleague from Connecticut has
expressed that we must have access to the international marketplace.
Quality of life in this country, jobs in this country, depend on our
ability to export, but we need to be smart about what we export and
make sure it is always to our advantage. And finally, we will examine
the policy of treating advanced counter intelligence investigations
principally as law enforcement rather than national security matters.

{time} 1415

We have to determine whether it is more important that a spy end up
behind bars, even if it takes years of investigation, than for the
hemorrhaging of the national security data that can be stopped.
In addition, our FY 2000 intelligence authorization included
provisions that respond directly to problems raised in the Cox report
and some of the matters in this amendment. These include new funds for
such things as red teaming CIA's China analysis, improving CIA
information security, background investigations, understanding and
defeating foreign denial and deception techniques which are out there,
and running more and better offensive operations against hostile
foreign intelligence services, which we in fact know are conducting
espionage against the United States of America, its personnel and its
secrets.
We provided funds to improve the Department of Energy's
counterintelligence capabilities, analysis of foreign nuclear programs,
cyber security and other such matters. We are increasing funds for FBI
agent training in counterintelligence and DOD acquisition and
information systems protection. We are funding more linguistic
capabilities across the intelligence community and many more details we
are beefing up. It is important we do this because we have let down.
This amendment helps us. We are in support of it.
Ms. LEE. Mr. Chairman, I yield one minute to the gentleman from
Missouri (Mr. Skelton), the ranking member of the Committee on Armed
Services.
Mr. SKELTON. Mr. Chairman, I thank the gentlewoman for yielding time
to me.
Mr. Chairman, I rise in support of this amendment. It is worthy of
our support. It is a comprehensive approach put together by experts
after extensive study. Let me commend the committee that took testimony
and studied this issue at length. In particular, the gentleman from
California (Mr. Cox) and the gentleman from Washington (Mr. Dicks) did
first class work thereon.
There is no doubt that this amendment is prepared by a bipartisan
group, and it is certainly timely, because we recently discovered these
problems. While it might not be perfect, it is a great start for us to
move into the conference with the Senate.
I commend the sponsors and those who worked so hard on this
amendment. I urge my colleagues to support it. Again, I commend the
gentleman from California (Mr. Cox), the gentleman from Washington (Mr.
Dicks), and those members of the committee who put so much effort into
it.
Ms. LEE. Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Scott).
Mr. SCOTT. Mr. Chairman I rise in support of the amendment. As a
member of the select committee, I want to congratulate the gentleman
from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks)
for the bipartisan manner in which they handled this very important
national security matter.
I would also like to publicly thank my two colleagues for offering
our committee's recommendations to the defense authorization bill
before us today. I urge Members of this body to support and accept the
bipartisan and unanimous findings and recommendations of the committee
by voting for this amendment.
This language, the language in the amendment, gives Congress the
common ground needed to enhance the Nation's intelligence
infrastructure and prevent our country from repeating many of the
episodes which occurred over the past few years.
Mr. Chairman, we could take the next few hours taking partisan
potshots that criticize this agency or that administration or in fact
any Congress over the last 20 years for not taking any of the perceived
and real espionage threats seriously. However, I believe that this
House can contribute much more to our country today and begin to move
forward by focusing on fixing the problem, rather than casting blame.
This amendment addresses a number of concerns and offers several steps
to strengthen this country's national security. This is a strong
bipartisan constructive effort to solve the national security problems
that our committee examined over the past year, and I urge my
colleagues to adopt the amendment.
Mr. COX. Mr. Chairman, I yield 3 minutes to the gentlewoman from New
Mexico (Mrs. Wilson).
Mrs. WILSON. Mr. Chairman, I rise in support of the amendment before
us today, and I wanted to thank the gentleman from California (Mr. Cox)
and the gentleman from Washington (Mr. Dicks), as well as the gentleman
from Texas (Mr. Thornberry), the gentlewoman from California (Mrs.
Tauscher), the gentleman from South Carolina (Mr. Spratt) and their
staffs for this hard work on this amendment over the last month. This
is a serious effort by serious people who spent considerable time and
thought on this problem, and I thank them for their efforts to make our
laboratories safe from our Nation's adversaries.
Let me say a word or two about these laboratories. Millions and
millions of people here and abroad now enjoy personal and political
freedom because these labs, employing some of the greatest minds in the
world, have allowed us to defend ourselves against the enemies of
freedom. The list of Nobel Prize winners from America's national labs
is staggering. The number of scientific breakthroughs is breathtaking.
The number of seminal discoveries is unparalleled in any other group of
institutions in the world. These labs are treasures for science and for
freedom. It should not surprise us then that these laboratories have
been the target of systematic, relentless assault by the People's
Republic of China.
Over the last few months, through the investigation of the gentleman

[[Page 12222]]

from California (Mr. Cox) and his committee, we have seen the breakdown
of institutions of government. We have seen one hand of government not
know what the other hand of government was doing. There were errors and
omissions and miscommunications and failures of policy and procedure.
In all of this, one fact remains: With only one exception that we
know about, the employees of the laboratories remained loyal Americans,
putting the Nation's interests above their own. That is why this
amendment is so important. It recognizes that the problem is not the
people; it is the system, and this amendment addresses the problems in
the system, across a broad spectrum of activities.
It directs a review of the organizational structure of our nuclear
weapons complex; it establishes an office of counterintelligence and
foreign intelligence within the Department of Energy; it requires each
lab to have a counterintelligence program; and it establishes a
counterintelligence polygraph program; it enhances civil and monetary
penalties; and deals with the issue of foreign visitors in a way that
protects our national secrets, while allowing our scientists to be
engaged in a broader scientific community. It also addresses the
emerging problem of computer security, ensuring there is an annual
evaluation, an operational evaluation, of national laboratory computer
systems.
I want to commend the select committee on its analysis and its
identification of the serious problem of our failure as a Nation to
protect our national secrets. This amendment goes a long way toward
beginning the restoration of that security.
Ms. LEE. Mr. Chairman, I yield two minutes to the gentlewoman from
California (Mrs. Tauscher).
Mrs. TAUSCHER. Mr. Chairman, I thank the gentlewoman for yielding me
time.
Mr. Chairman, I rise in strong support of the Cox-Dicks amendment.
Working with the gentleman from California (Mr. Cox) and the gentleman
from Washington (Mr. Dicks) and my other colleagues has exemplified the
bipartisan spirit and cooperation that the nation deserves in
formulating a sensible response to the security deficiencies at our
national laboratories.
The report that the gentleman from California (Mr. Cox) and the
gentleman from Washington (Mr. Dicks) released last month was startling
in that it exposed 20 years of systemic failure in our
counterintelligence operation that spanned several administrations. Our
intelligence agencies failed to embrace new technologies and our
counterintelligence units failed to protect our secrets above all else.
Our gravest error has been the lack of an individual clearly
responsible for protecting our Nation's secrets.
This amendment, Mr. Chairman, will take us a long way in solving the
structural deficiencies in our counterintelligence operation and
improving security at the laboratories. It establishes a structural
chain of command with ultimate authority for protecting our secrets
with the Secretary of Energy and it gives the Secretary the tools to do
it, such as polygraph examination of scientists with access to the most
sensitive information and increased financial penalties for employees
who mishandle classified material.
We are fortunate that Energy Secretary Richardson has stepped forward
to assume that responsibility. This legislation provides him with the
authority and tools he needs to manage the job.
Mr. Chairman, I urge my colleagues to support this important
amendment.
Mr. COX. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Weldon).
Mr. WELDON of Pennsylvania. Mr. Chairman, I rise in support of this
legislation, but I do want to make two points. The first point I want
to make is I want to congratulate both the gentleman from South
Carolina (Mr. Spence) and the gentleman from Missouri (Mr. Skelton)
because this is not a new issue for the Committee on Armed Services. In
fact, during the last several years, it has been a tireless effort on
behalf of both the gentleman from South Carolina (Mr. Spence) and the
gentleman from Missouri (Mr. Skelton) to address the very concerns that
were dealt with in great detail by the Cox committee.
I can remember having debates on this floor about the elimination,
largely pushed by our government, of COCOM and that process that
greatly troubled Members on both sides of the aisle. I can remember
amendments on past defense bills where we focused on the need to deal
with the proliferation of the exportation of computers and high
technology. So I want to give appropriate credit to the authorizing
committee for the leadership role it has played in the past on these
issues.
Secondarily, I want to make the statement that this amendment is not
the end. It is the beginning. This does not solve all of our problems.
Our problems are not just with the labs. In fact, many of the problems
at our labs are created by ourselves when in the 1993-94 time frame we
did away with the color coded classification status and we put a
moratorium on the FBI background checks. Those were things we did
ourselves. We should not have done it back then, and now we are trying
to right that wrong. But this does not solve all of our problems, and
we must commit ourselves to work on all of the recommendations
contained in the Cox committee report, which I had the pleasure of
serving on.
Mr. Chairman, the bottom line here is that this is not just a problem
of our laboratories, it is a problem of our export policies, and this
is not to say that we want to stop our country from exporting abroad.
It is a case of providing a common sense approach, working with
American industry, to make sure we are competitive, but that we do not
open the door for all kinds of technologies to be sold to Tier III
nations or those nations that our State Department lists as terrorist
nations.
As I said when we released the Cox committee report, the basic
problem in my mind was the failure of our government to protect the
American people. I am sure we can blame China or we can blame
companies, but, in the end, our government has failed us. This takes
one step forward to try to begin to address those concerns.
Ms. LEE. Mr. Chairman, I yield 3 minutes to the gentleman from South
Carolina (Mr. Spratt).
Mr. SPRATT. Mr. Chairman, I rise in support of the amendment and I
salute the gentleman from California (Mr. Cox) and the gentleman from
Washington (Mr. Dicks) for taking the lead in working this amendment
out.
This amendment started as a bipartisan effort to address the
counterintelligence problem at DOE. It included the gentleman from
Texas (Mr. Thornberry), the gentlewoman from New Mexico (Mrs. Wilson),
the gentleman from Washington (Mr. Dicks), and myself.
When our amendment was not made in order under the first rule, a
number of other amendments which really duplicate component parts of
this were made in order. They are still made in order under this rule,
which creates a problem. We were principally working as an alternative
to a moratorium proposed by the gentleman from Kansas (Mr. Ryun) in an
amendment which will later be brought up which would effectively, in my
opinion, ban the foreign visitors program at the national laboratories.
We tried to come up with constructive alternative to that, something
that would put in this counterintelligence where needed, strengthen
security, but not abolish the program.
After the rule was not made in order, the gentleman from California
(Mr. Cox) joined our effort to come up with a bipartisan compromise,
and he added provisions to the amendment that relate to export
controls. We have spent a couple of days trying to iron those out.
While there are still wrinkles, we have a bill that we think is an
acceptable piece of work and one we can support.
I still find problems with it and want to serve notice that we have
got work to do in conference. For example, just to take as one example,
section 1407. We direct the President to negotiate an agreement with
China that will include end use verification of any high performance
computers that are exported to China.

[[Page 12223]]

{time} 1430

I agree with that goal, but I am also realistic. I doubt any
sovereign nation which has not been defeated in war would agree to end
use verification without notice. I question the wisdom of legislating
unattainable objectives.
Nonetheless, this is better than the original draft. It is a good
compromise. We still have some work to do in conference. I am
particularly pleased with section 3109. This addresses the
controversial issue of foreign visitors to our labs.
We have crafted a bipartisan provision in the Cox/Dicks amendment
that will make the necessary security improvements to our labs without
crippling international programs that are critical to national
security, Nunn-Lugar, our lab-to-lab programs with the FSU, the former
Soviet Union, to make sure bomb grade plutonium and uranium will not
fall into the hands of countries which we do not want to have it, or
terrorist organizations; training the IAEA inspectors, things like that
that are constructive, useful, and can only take place at the labs
because that is where the expertise lies.
Our provision allows the program to stand but puts new restrictions
on it. The Ryun amendment in my opinion would require a 2-year
moratorium that effectively bans the program. We think we have a good
bipartisan solution here. We recommend the entire amendment.
We would also say to Members as other amendments come up that this
amendment really takes care of the Ryun amendment. It is a better
solution. This amendment makes unnecessary, I would suggest, the
amendment offered by the gentleman from California (Mr. Hunter) on
polygraph because we codify the polygraphs requirements the
administration is now putting in place.
This also makes unnecessary a number of other amendments because we
have subsumed them and included them in this particular amendment. It
is a good amendment. I recommend its adoption.
Mr. COX. Mr. Chairman, I yield 1 minute to the gentleman from Texas
(Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, I rise in support of this amendment. I
have been part of a group that has worked for several weeks on an
appropriate, constructive proposal to deal with some of the security
problems we have found.
I was concerned, frankly, that some of the ideas floating around here
were simply a reaction, without thinking and working through the
implications. I was also concerned that some of them focus on just
little pieces of the problem without looking at the broader problem.
I think this amendment is balanced. It does deal with the wide range
of security problems. It is commonsense, but yet it significantly
improves the security at our nuclear weapons labs and other places, but
it also allows important work to continue, work that is in our national
interest. It does not cut off our nose to spite our face.
I think the other key point to be made is this is not the complete
response. I agree completely with what the gentleman from California
(Chairman Cox) has said, that we have more work to do. The Cox
committee said, for example, we need to look at whether the Department
of Energy is even equipped to handle the Department of Energy's nuclear
weapons complex. GAO has said the same thing. We have got more work to
do to get to the bottom of the problems which arose here.
Ms. LEE. Mr. Chairman, I yield 4 minutes to the gentlewoman from
Hawaii (Mrs. Mink).
Mrs. MINK of Hawaii. Mr. Chairman, I thank the gentlewoman for
yielding time to me.
Mr. Chairman, the task the Select Committee on the People's Republic
of China was given was to investigate breaches in national security,
and it was a difficult one. Espionage charges against certain spies or
foreign agents was expected to emanate from this investigation. A lot
of the information that was alluded to was put in parenthesis to
indicate that further investigations were ongoing and that the
administration did not wish to have all of this information disclosed
at this time.
There were a few charges, most of them previously noted, some
including convictions and many others are still under investigation.
It described, I think, more importantly the general technique used by
the People's Republic of China. There was detailed discussion regarding
theft of certain classified information in the report. It described the
actions of certain U.S. satellite manufacturers which served to
transfer technology relevant to nuclear missile development. It
highlighted the failures of the U.S. security system to protect these
important nuclear secrets.
I think that all of these are important disclosures on how these
breaches of national security occurred. I think the committee needs to
be applauded for pointing this out and bringing it to the attention of
the Congress of the United States.
I rise today, however, to caution my colleagues on the implementation
of these concerns we have heard articulated today, that we do not
indirectly or maybe purposefully encourage race-baiting our loyal
American citizens who are following the law, making important
contributions in our nuclear labs and in other sensitive areas in
private industry, making important, notable achievements to our
scientific knowledge and our database, to our country; and that these
individuals, if they are Chinese or Asians generally, are not singled
out for special considerations, for special testing, for security
investigations, perhaps even having their security clearances pulled
while ongoing further investigations happen.
I think it is important for people not to say, we have three volumes
of reports and it is significant, and rely on the newspaper's account.
I call to the attention of this body three pages at least, page 91,
pages 40, 41, and page 2, and commend this Congress to read it.
Volume I, Page 91 is particularly disconcerting to most of us who are
concerned about the potential of scapegoating loyal Americans. Page 91
says, ``The PRC employs various approaches to coop U.S. scientists to
obtain classified information. These approaches include appealing to
common ethnic heritage, arranging visits to ancestral homes and
relatives, paying for trips and travel to the PRC, flattering the
guest's knowledge and intelligence, holding elaborate banquets to honor
these guests, and doggedly peppering U.S. scientists with technical
questions.''
On page 40, Mr. Chairman, it says ``U.S. scientists who are overseas
in the PRC are prime targets for approaches by professional and
nonprofessional PRC organizations who would like to coopt them. Select
committees have received information about Chinese American scientists
from the U.S. nuclear design labs being identified in this manner.''
Page 41 says, ``The number of PRC nationals attending educational
institutions in the U.S. presents another opportunity for the PRC to
collect sensitive technology. It is estimated that at any given time,
there are over 100,000 PRC nationals who are attending U.S.
universities who have remained in the U.S. after graduating.''
It goes on further to say, ``The Select Committee judges that the PRC
is increasingly looking to PRC scholars who remain in the U.S. as
assets who have developed a network of personal contacts that can be
helpful to the PRC.''
I submit that all of this suggestive language enlarges the reach of
the investigation and interjects doubt and suspicion regarding all of
the Chinese American citizens who are here who are in fact loyal
American citizens.
I caution this Congress to pay attention to the potential harm this
kind of allegation can bring to this large, loyal segment of our
American community.
Mr. COX. Mr. Chairman, I yield 3 minutes to the gentleman from Texas
(Mr. DeLay), the House majority whip.
Mr. DeLAY. Mr. Chairman, I rise in support of this amendment brought
to us by the gentleman from California (Mr. Cox) and the gentleman from
Washington (Mr. Dicks), and I congratulate the two of them for an
outstanding job and a great service to the

[[Page 12224]]

American people. Also I commend their committee. The American people
owe them a great deal of praise for the work they have done.
American national security has been squandered for too long. It is
time for this Congress to correct that problem. The revelations in the
Cox report could not be more startling. The People's Republic of China
orchestrated a multifaceted cabal of spies to methodically steal all of
America's nuclear secrets. This theft by the Communist Chinese was so
complete that the bipartisan Committee on National Security has
concluded that the PRC's nuclear weapons design is now on a par with
our own.''
I know the press is trying to sweep this story under the rug. The
fiasco exposed in the Cox report is being painted as simply another
innocent and unavoidable blunder where no one is to blame. In other
words, it is no big deal. But considering the military ambitiousness of
Red China, there can be no doubt that this is only the tip of the
iceberg. They are going full steam ahead with their nuclear weapons
program, and using our technology to build it.
Because of gross negligence at the White House, future PRC warheads
aimed at the United States will largely be the product of American
expertise. Predictably, the Clinton administration is trying to ride
out this storm, like it always does. The difference is this tempest
puts our whole Nation at risk. There can be no compromises when the
security of America is at stake. We have to shore up security and
counterintelligence failures, and begin a serious battle against
espionage.
This amendment does that by establishing new procedures to combat the
vulnerability of classified technology. It also requires the President
to submit detailed reports to Congress on security matters concerning
our arsenals in Red China.
This amendment is only the beginning. Much more must be done, because
there are consequences to the President's careless disregard to protect
classified information, and it is time we tackle that problem.
Americans can be reassured, and China should know that this issue will
not fade away. This is just the first step.
China must not mistake the weakness of our President for the weakness
of the American people. Congress must be strong where the
administration has been weak. We need to flex our muscles and let the
world know that America takes its national security seriously.
Ms. LEE. Mr. Chairman, I yield 2 minutes to the gentleman from Guam
(Mr. Underwood).
Mr. UNDERWOOD. Mr. Chairman, first I want to commend both the
chairman, the gentleman from California (Mr. Cox) and the ranking
member, the gentleman from Washington (Mr. Dicks) on this report, and
for working diligently on the issues of security presented by the
recent situation that we face at the Department of Energy. I want to
particularly thank them for the deliberate nature in which they
addressed these issues, and also for not politicizing it, unlike some
people who have come to the floor.
In times of concern over national security, we must remind ourselves
that sparing no effort to ensure our national security should not be at
the expense of our basic beliefs about the civil rights of our people
as a whole, as members of ethnic groups, and as individuals. In times
of heightened concern about the national security, it is sometimes all
too easy to conclude that there may be groups of people among us who
are contributing to our national insecurity.
The most tragic example in American history was the treatment of
Japanese Americans during World War II, but in recent memory we have
stigmatized Arab Americans, especially in the immediate reaction to the
Oklahoma bombing.
Of course, we have many allegations of racial and ethnic profiling in
many communities around the country. It is vitally important to our
national security to continue to ensure the security of our military
secrets, but also our civil rights. We should spare no effort to ensure
that no one is profiled or stigmatized or asked additional questions or
given special treatment or subjected to lie detector tests because of
their ethnic background.
We must stand firmly for the national security of our military
knowledge and our military technology, but equally firm for civil
rights and fair treatment, which marks our society as unique in the
world.
I wish to express my concern that Asian-Pacific Americans are not
placed under a cloud of suspicion, and that all of the procedures being
suggested today, as I know they have by both the gentleman from
California (Chairman Cox) and the ranking member, the gentleman from
Washington (Mr. Dicks),that every one be examined for any potential
problems. Let us make sure that all our security concerns really deal
only with security concerns.
Mr. COX. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from
New York (Mr. Gilman), the chairman of the Committee on International
Relations.
Mr. GILMAN. Mr. Chairman, I thank the chairman for yielding time to
me.
Mr. Chairman, I am pleased to rise in strong support of the Cox/Dicks
amendment, which implements key recommendations of the Select Committee
on the U.S. National Security amd Military/Commercial Concerns for the
People's Republic of China.
I want to thank the gentleman from California (Mr. Cox) for working
with our Committee on International Relations to modify many of those
provisions in his amendment that fall within our committee's
jurisdiction. I am both gratified and saddened by the success of the
Select Committee.
The gentleman from California (Mr. Cox), the gentleman from
Washington (Mr. Dicks), and their colleagues on the Select Committee,
including the gentleman from Nebraska (Mr. Bereuter), one of the
subcommittee members, have provided an outstanding service by exposing
not only Chinese espionage against the crown jewels of our defense
establishment, but in bringing to light the failure of the Clinton
administration to safeguard our military secrets and in putting trade
and commerce ahead of our national security.
The advances in nuclear weapons and ballistic missiles that China
will reap from their acquisition of American science and technology
directly undermine the fundamental national security of our Nation.

{time} 1445

The impact of the loss of these military-related secrets to the
national interests of our Nation and to peace and stability of Asia,
though, is incalculable.
In addition, we must be greatly concerned about the prospects of
Chinese proliferation of stolen American nuclear and missile secrets to
rogue regimes and others in the Middle East and in South Asia.
Beijing's aggressive actions have in fact proven what many have long
suspected: that the Chinese view our Nation, not as a strategic
partner, but as a chief strategic obstacle to its own geopolitical
ambitions.
The continued assertion by this administration that the United States
and China are strategic partners is naive and misguided and certainly
cannot be found in Chinese actions and policies to date.
Regrettably, the Clinton administration's response to this threat to
our national interest is at best anemic. The Congress has a great deal
to do to rectify the problems that have properly been identified by the
Cox committee.
This legislative package is the sound first step in addressing those
problems. Our Committee on International Relations stands committed to
working with the Committee on Armed Services in fully investigating
these issues and in implementing the Cox committee's recommendations.
The Committee on International Relations has already held two
hearings to hear testimony from the gentleman from California (Mr. Cox)
and the gentleman from Washington (Mr. Dicks), and we have already
acted on one of the select committee's recommendations. That provision
is included in the

[[Page 12225]]

measure that we will be taking up next week, H.R. 973, the Security
Assistance Act of 1999. That bill includes a provision to impose higher
civil and criminal penalties against companies which violate our export
laws.
I urge my colleagues to support the amendment and to support the Cox-
Dicks report.
Ms. LEE. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I want to take the occasion of the debate
on the report, on the Cox-Dicks report, to comment on comments made by
our colleagues, the gentlewoman from Hawaii (Mrs. Mink) and the
gentleman from Guam (Mr. Underwood) regarding the issue of sensitivity
on the issue of our Asian-American community.
But sensitivity is not really enough of a word. We certainly have to
be sensitive as we go forward that the FBI in its investigations does
not look into the background of anyone because of their ethnic
background or their surname. Certainly they must be sensitive, but we
have to make certain that one of the casualties of this investigation
is not the good reputations of the people who have been so important to
our national security--people from our Asian-American community, with
their brilliance, with their patriotism, with their dedication.
I hope that as we go forward with all of these amendments and all of
the investigations that will continue, that we do not shed a light of
suspicion on individuals or companies or concerns in America. I happen
to be blessed in my district with a large Asian-American population,
mostly Chinese American. Many of those families have been there longer
than my own. They have been there for many generations. Some have been
there for only many days. But all of them love America.
They came here for a reason. We are the freest country in the world,
and we cannot let this espionage investigation jeopardize that. Our
country's attitude toward people and their rights cannot be a casualty
of this investigation. I am particularly concerned, as one who has
never pulled a punch in criticizing China and its activities in terms
of human rights, proliferation and trade. I want to say here
unequivocally that the jeopardizing of our rights in this country would
be a more destructive consequence than any espionage we can find in
this investigation.
Mr. COX. Mr. Chairman, I reserve the balance of my time.
Ms. LEE. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Menendez).
Mr. MENENDEZ. Mr. Chairman, I intend to support this amendment. But I
really have real concerns when there are those who would use national
security to achieve partisan political advantage. However, in their
zealous effort to make this a partisan political issue, even though it
goes back 2 decades and even though it includes efforts during
Republican administrations to have some turn us back to the Stone Age.
There was an original amendment which would have restricted the
export of your basic laptop computer to China. That simply is not
reality.
We need to proceed as we move on beyond this amendment cautiously
with this debate. This near faux pax would have been disastrous for
American industry while having no impact on China. We need to carefully
consider how to best address our national security while simultaneously
taking into consideration the reality of today's global marketplace,
and we need to understand that America does not have a monopoly on
advanced technology.
Now, the Subcommittee on International Economic Policy and Trade, of
which I am the ranking Democrat, has jurisdiction over the Nation's
export control policies. I am disconcerted that we have not had an
opportunity to consider the proposals contained in the amendment before
us in the subcommittee or in the full committee.
So we look forward to working on those issues in the days ahead. But
the issues raised in the Cox-Dicks report are not partisan issues.
Democrats and Republicans are equally concerned about our national
security.
So let us proceed with caution and address the issues raised by the
report in a responsible manner, with the full input of the relevant
committees, industries, and government agencies. Let us not unfairly
stigmatize Americans of Asian descent who have contributed to the
greatness of this country.
I believe that everyone in this Chamber wants to ensure the national
security of the United States. But we also have to do it in a way that
keeps the tip of the iceberg in terms of America's technology away from
those others who may not have it in the global marketplace, but make
sure we are competitive in all other respects. No one has a cornerstone
on national security interest in this Chamber.
Ms. LEE. Mr. Chairman, I yield 45 seconds to the distinguished
gentleman from Connecticut (Mr. Gejdenson), the ranking member of the
Committee on International Relations.
Mr. GEJDENSON. Mr. Chairman, I have heard some of the debate here.
Some try to make it seem that this is a Clinton-era problem. It is hard
to make that argument with problems that date back to 1982. Some of the
Members who spoke on the floor said, oh, this is just because we lost
COCOM. COCOM left us. We never lost it. They left us once the Soviet
Union fell apart.
We cannot get our allies to agree to fully significant controls. The
Bush administration could not save it, and the Clinton administration
could not save it. We have to deal with that reality, or we will take
actions here that will only injure American dominance in these high-
tech areas.
Ms. LEE. Mr. Chairman, I yield 45 seconds to the gentleman from
Washington (Mr. Dicks).
Mr. DICKS. Mr. Chairman, I want to, just as we end this debate, again
thank the gentleman from California (Mr. Cox) and his staff for the
cooperation we have had in drafting this amendment. I think this
amendment will go a long ways to dealing with the security problems at
our national labs.
I can tell my colleagues, Secretary Bill Richardson, Ed Curran, one
of our finest FBI leaders in this country, are committed to finally
getting this problem cured and resolved. This is the heart and soul of
this amendment. It is the heart and soul of our report.
I want to thank all of my colleagues, the gentleman from South
Carolina (Mr. Spratt), the gentleman from Virginia (Mr. Scott), and the
gentlewoman from California (Ms. Roybal- Allard) for their leadership
on the committee.
We had a good team, and the Republicans had a good team. Let us have
an overwhelming vote for this Cox-Dicks amendment.
Mr. COX. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, I rise in strong support of the Cox-
Dicks amendment. It is one thing to spin that administration to
administration had problems; it is another thing for the President of
the United States to know about it, be briefed in 1996, and do nothing.
That is what in my opinion is criminal.
Let me give my colleagues a couple of ideas. I encourage all of my
colleagues to go and get the classified brief. We had an asset, I
cannot tell my colleagues what it is on the floor. We were building a
countermeasure for that asset. It would not have worked. We got the
asset. It not only saved the billion dollars, now we can build it.
Secondly, we have an asset against our fighter pilots. Ninety percent
of the time, both in the intercept and in the engagement, our pilots
die. We have that asset. It also helps us design what we need into the
joint strike fighter, what we do into the F-22.
Doing the opposite things gives the Chinese, not only saving billions
of dollars for a W-88 warhead and our technology, but it allows them to
be more dangerous in the weapons that they could put at the United
States. So this Cox-Dicks amendment is very very important. It is a
good first step.
Mr. COX. Mr. Chairman, I yield 1 minute to the gentleman from San
Diego, California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I want to thank the two authors of the
report along with all the committee members who participated in it.

[[Page 12226]]

This amendment is very strong in a couple of ways. It gives at least
a temporary review to the Department of Defense for militarily critical
technology that could be sent to potential adversaries. That is a very
important thing.
It also tries to reinstate a structure, a multilateral structure
where we can persuade our friends, other nations, our allies to join
with us in restricting militarily critical technology from going to
potential enemies.
Now, let me just say there is unfinished business in this report and
in this amendment. After this thing passes, we will still have
supercomputers going to China where we have no end use verification. We
will still be sending American satellites to China for launch by their
Long March rockets which also is a mainstay of their nuclear and
strategic assets.
We will still, after a fairly short moratorium, be allowing visits to
the 65 scientists who came from Algeria, Cuba, Libya, Iran, and Iraq
into our national weapons labs.
There is unfinished business. I look forward to voting for this
amendment and moving ahead to complete the job.
Mr. COX. Mr. Chairman, may I inquire how much time remains on each
side?
The CHAIRMAN. The gentleman from California (Mr. Cox) has 1 minute
remaining and the right to close.
Mr. COX. Mr. Chairman, I yield myself such time as I may consume.
I would like, as essentially all of the other speakers have done thus
far, once again to thank the gentleman from Washington (Mr. Dicks), the
ranking member on the select committee, and thank all of the chairmen
and ranking members of the committees of jurisdiction who have worked
with us on this amendment.
This amendment does not cover many of the important topics of our
recommendations. Some of the debate here has focused on export controls
on computers. There is nothing about export controls on computers in
this amendment.
It is also important to recognize that hard work remains ahead for
our standing committees. I think that the ranking member and I will be
testifying before several of them to move this legislation along.
Lastly, some mention has been made on the floor about racial and
ethnic profiling by the Communist Party of China. The CCP ethnic and
racial profiling that is detailed in our report is a significant
distinction between the Communist Party and America.
In this country, the liberty and dignity of the individual are
paramount. We do not think of people as members of groups or
essentially tools of the State. That is why what we are investing in
our armed services, in our intelligence community, and our national
laboratories is so important. It is for the pursuit of freedom, not
just for Americans, but for people around the world. That is ultimately
the purpose to which this amendment is directed. I urge my colleagues
to support it.
Ms. ROYBAL-ALLARD. Mr. Chairman, as a member of the Select Committee
on China, I rise in support of the Dicks/Cox amendment to the
Department of Defense Authorization bill.
Chairman Cox and Ranking Member Norm Dicks have crafted a
responsible, bi-partisan amendment that addresses many of the problems
the Select Committee found during its six month investigation.
This amendment implements most of the President's recommendations for
tightening security at our national labs, including establishing an
independent Office of Counterintelligence at the Department of Energy
with direct line to the Secretary of Energy. It requires polygraphing
of all Department of Energy lab employees who have access to sensitive
nuclear information, and increases the civil and criminal penalties for
mishandling of classified information. The amendment also tightens the
security of the computer system at the national labs.
In addition, the amendment places a temporary moratorium on foreign
visitors from sensitive countries to our national labs until these
strong security and counter-intelligence measures are in place. It also
requires, the Department of Energy to submit a comprehensive annual
report to Congress on security and counterintelligence at all DOE
defense facilities to ensure that these measures are indeed protecting
our national security.
In the area of technology exports, the amendment implements many of
the Select Committee's recommendations, including requiring a
comprehensive report on the adequacy of current export controls in
preventing the loss of militarily significant technology to China. It
also requires a report on the effect of High Performance Computers sold
to China, and requires that the President negotiate with China to
ensure that the computers we export to them are used for their stated
purpose.
Another area that the committee investigated was the adequacy of U.S.
policies regarding security at Chinese satellite launch sides.
Unfortunately, what we found was that there are numerous problems with
the security personnel hired by U.S. satellite companies. These
include, guards sleeping on the job, an insufficient number of security
personnel at launch site, and guards reporting to work under the
influence of alcohol. The committee also found numerous deficiencies in
the Defense Department's monitoring an oversight of satellite launches
in China.
Therefore, I am pleased that the Dicks/Cox amendment includes
provisions to address these problems, such as mandating new minimum
standards for security guards on satellite launch campaigns, requiring
the Department of Defense to develop technology transfer control plans
and requiring that the Department of Defense contract the guard force
for security at the launch sites. Finally, the amendment ensures that
the Defense Department monitors assigned to foreign launches have the
adequate training and support to properly execute their jobs.
In closing, I'd like to echo the statements of my colleagues on the
Select Committee. Many of the findings contained in the Cox Committee
report are indeed grave. This responsible amendment is an important
first step towards addressing these findings and ensuring that our
national security is protected. For that reason, I hope my colleagues
in Congress will vote in favor of this important, bipartisan amendment.

{time} 1500

The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentleman from
California (Mr. Cox).
The question was taken; and the Chairman announced that the ayes
appeared to have it.

Recorded Vote

Mr. DICKS. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 428,
noes 0, not voting 6, as follows:

[Roll No. 180]

AYES--428

Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Capuano
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Conyers
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Ewing
Farr

[[Page 12227]]

Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, E.B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Oxley
Packard
Pallone
Pascrell
Pastor
Paul
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaffer
Schakowsky
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NOT VOTING--6

Brown (CA)
Hinchey
Lucas (OK)
Luther
McHugh
Waters

{time} 1521

Mr. METCALF changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mr. SPENCE. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
LaHood) having assumed the chair, Mr. Nethercutt, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 1401) to
authorize appropriations for fiscal years 2000 and 2001 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal years 2000 and 2001, and for other
purposes, had come to no resolution thereon.

____________________