[106th Congress Public Law 65]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ065.106]
[[Page 511]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
[[Page 113 STAT. 512]]
Public Law 106-65
106th Congress
An Act
To authorize appropriations for fiscal year 2000 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other
purposes. <<NOTE: Oct. 5, 1999 - [S. 1059]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Defense
Authorization Act for Fiscal Year 2000.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2000''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for certain Army programs.
Sec. 112. Procurement requirements for the Family of Medium Tactical
Vehicles.
Sec. 113. Army aviation modernization.
Sec. 114. Multiple Launch Rocket System.
Sec. 115. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities without
regard to availability from domestic sources.
Sec. 116. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
[[Page 113 STAT. 513]]
Subtitle C--Navy Programs
Sec. 121. F/A-18E/F Super Hornet aircraft program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Repeal of requirement for annual report from shipbuilders
under certain nuclear attack submarine programs.
Sec. 124. LHD-8 amphibious assault ship program.
Sec. 125. D-5 missile program.
Subtitle D--Air Force Programs
Sec. 131. F-22 aircraft program.
Sec. 132. Replacement options for conventional air-launched cruise
missile.
Sec. 133. Procurement of firefighting equipment for the Air National
Guard and the Air Force Reserve.
Sec. 134. F-16 tactical manned reconnaisance aircraft.
Subtitle E--Chemical Stockpile Destruction Program
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 142. Comptroller General report on anticipated effects of proposed
changes in operation of storage sites for lethal chemical
agents and munitions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program to evaluate and demonstrate advanced
technologies for advanced capability combat vehicles.
Sec. 212. Sense of Congress regarding defense science and technology
program.
Sec. 213. Micro-satellite technology development program.
Sec. 214. Space control technology.
Sec. 215. Space maneuver vehicle program.
Sec. 216. Manufacturing technology program.
Sec. 217. Revision to limitations on high altitude endurance unmanned
vehicle program.
Subtitle C--Ballistic Missile Defense
Sec. 231. Space Based Infrared System (SBIRS) low program.
Sec. 232. Theater missile defense upper tier acquisition strategy.
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense
(THAAD) system.
Sec. 234. Space-based laser program.
Sec. 235. Criteria for progression of airborne laser program.
Sec. 236. Sense of Congress regarding ballistic missile defense
technology funding.
Sec. 237. Report on national missile defense.
Subtitle D--Research and Development for Long-Term Military Capabilities
Sec. 241. Quadrennial report on emerging operational concepts.
Sec. 242. Technology area review and assessment.
Sec. 243. Report by Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 244. DARPA program for award of competitive prizes to encourage
development of advanced technologies.
Sec. 245. Additional pilot program for revitalizing Department of
Defense laboratories.
Subtitle E--Other Matters
Sec. 251. Development of Department of Defense laser master plan and
execution of solid state laser program.
Sec. 252. Report on Air Force distributed mission training.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Transfer to Defense Working Capital Funds to support Defense
Commissary Agency.
[[Page 113 STAT. 514]]
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Armed Forces Emergency Services.
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne
Division.
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program.
Sec. 314. Contributions for Spirit of Hope endowment fund of United
Service Organizations, Incorporated.
Subtitle C--Environmental Provisions
Sec. 321. Extension of limitation on payment of fines and penalties
using funds in environmental restoration accounts.
Sec. 322. Modification of requirements for annual reports on
environmental compliance activities.
Sec. 323. Defense environmental technology program and investment
control process for environmental technologies.
Sec. 324. Modification of membership of Strategic Environmental Research
and Development Program Council.
Sec. 325. Extension of pilot program for sale of air pollution emission
reduction incentives.
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum
Superfund Site, Fresno, California.
Sec. 327. Payment of stipulated penalties assessed under CERCLA in
connection with F.E. Warren Air Force Base, Wyoming.
Sec. 328. Remediation of asbestos and lead-based paint.
Sec. 329. Release of information to foreign countries regarding any
environmental contamination at former United States military
installations in those countries.
Sec. 330. Toussaint River ordnance mitigation study.
Subtitle D--Depot-Level Activities
Sec. 331. Sales of articles and services of defense industrial
facilities to purchasers outside the Department of Defense.
Sec. 332. Contracting authority for defense working capital funded
industrial facilities.
Sec. 333. Annual reports on expenditures for performance of depot-level
maintenance and repair workloads by public and private
sectors.
Sec. 334. Applicability of competition requirement in contracting out
workloads performed by depot-level activities of Department
of Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for
performance of depot-level maintenance and repair workloads
formerly performed at certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract
for depot-level maintenance and repair is entered into.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 341. Reduced threshold for consideration of effect on local
community of changing defense functions to private sector
performance.
Sec. 342. Congressional notification of A-76 cost comparison waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide
services to Department of Defense.
Sec. 344. Evaluation of Total System Performance Responsibility Program.
Sec. 345. Sense of Congress regarding process for modernization of Army
computer services.
Subtitle F--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 352. Unified school boards for all Department of Defense domestic
dependent schools in the Commonwealth of Puerto Rico and
Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents' Education Act of
1978.
Subtitle G--Military Readiness Issues
Sec. 361. Independent study of military readiness reporting system.
Sec. 362. Independent study of Department of Defense secondary inventory
and parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department
restructured sustainment and reengineered logistics product
support practices.
Sec. 365. Comptroller General review of real property maintenance and
its effect on readiness.
[[Page 113 STAT. 515]]
Sec. 366. Establishment of logistics standards for sustained military
operations.
Subtitle H--Information Technology Issues
Sec. 371. Discretionary authority to install telecommunication equipment
for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated
teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of Defense.
Sec. 374. Report on Defense use of Smart Card as PKI authentication
device carrier.
Subtitle I--Other Matters
Sec. 381. Authority to lend or donate obsolete or condemned rifles for
funeral and other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United
States Soldiers' and Airmen's Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States
Soldiers' and Airmen's Home.
Sec. 385. Treatment of Alaska, Hawaii, and Guam in Defense household
goods moving programs.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to
be on 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. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on
active-duty list in frocked grades of brigadier general and
rear admiral (lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection
for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of
inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below
the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability
of restriction on holding of civil office by retired regular
officers and reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree
limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint
4-star officer positions.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Continuation of officers on reserve active-status list to
complete disciplinary action.
Sec. 512. Authority to order reserve component members to active duty to
complete a medical evaluation.
Sec. 513. Exclusion of reserve officers on educational delay from
eligibility for consideration for promotion.
Sec. 514. Extension of period for retention of reserve component majors
and lieutenant commanders who twice fail of selection for
promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required
travel on military aircraft for reserves performing inactive-
duty training outside the continental United States.
[[Page 113 STAT. 516]]
Subtitle C--Military Technicians
Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.
Sec. 524. Revision to authorities relating to National Guard
technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing
process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status
technicians.
Subtitle D--Service Academies
Sec. 531. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service
academies of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs of the service
academies.
Subtitle E--Education and Training
Sec. 541. Establishment of a Department of Defense international student
program at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of
strategic studies.
Sec. 543. Authority for Air University to confer graduate-level degrees.
Sec. 544. Reserve credit for participation in health professions
scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for 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.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill
liabilities.
Subtitle F--Reserve Component Management
Sec. 551. Financial assistance program for pursuit of degrees by officer
candidates in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag
officers.
Sec. 554. Grade of chiefs of reserve components and additional general
officers at the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active
duty in support of preparedness for responses to emergencies
involving weapons of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure
for support of provision of services to veterans.
Subtitle G--Decorations, Awards, and Commendations
Sec. 561. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for
valor during the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of
military decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential Unit Citation for
crew of the U.S.S. Indianapolis.
Subtitle H--Matters Related to Recruiting
Sec. 571. Access to secondary school students for military recruiting
purposes.
Sec. 572. Increased authority to extend delayed entry period for
enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations purposes.
[[Page 113 STAT. 517]]
Subtitle I--Matters Relating to Missing Persons
Sec. 575. Nondisclosure of debriefing information on certain missing
persons previously returned to United States control.
Sec. 576. Recovery and identification of remains of certain World War II
servicemen lost in Pacific Theater of Operations.
Subtitle J--Other Matters
Sec. 577. Authority for special courts-martial to impose sentences to
confinement and forfeitures of pay of up to one year.
Sec. 578. Funeral honors details for funerals of veterans.
Sec. 579. Purpose and funding limitations for National Guard Challenge
program.
Sec. 580. Department of Defense Starbase program.
Sec. 581. Survey of members leaving military service on attitudes toward
military service.
Sec. 582. Service review agencies covered by professional staffing
requirement.
Sec. 583. Participation of members in management of organizations abroad
that promote international understanding.
Sec. 584. Support for expanded child care services and youth program
services for dependents.
Sec. 585. Report and regulations on Department of Defense policies on
protecting the confidentiality of communications with
professionals providing therapeutic or related services
regarding sexual or domestic abuse.
Sec. 586. Members under burdensome personnel tempo.
Subtitle K--Domestic Violence
Sec. 591. Defense task force on domestic violence.
Sec. 592. Incentive program for improving responses to domestic violence
involving members of the Armed Forces and military family
members.
Sec. 593. Uniform Department of Defense policies for responses to
domestic violence.
Sec. 594. Central Department of Defense database on domestic violence
incidents.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2000 increase in military basic pay and reform of
basic pay rates.
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Additional amount available for fiscal year 2000 increase in
basic 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. Amount of aviation career incentive pay for air battle
managers.
Sec. 615. Expansion of authority to provide special pay to aviation
career officers extending period of active duty.
Sec. 616. Additional special pay for board certified veterinarians in
the Armed Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to
high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill
for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment
bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign
language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers
extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.
[[Page 113 STAT. 518]]
Sec. 629. Authorization of judge advocate continuation pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing
training duty and not otherwise entitled to travel and
transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making their
first permanent change of station.
Sec. 633. Destination airport for emergency leave travel to continental
United States.
Subtitle D--Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing
new 15-year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E--Other Matters Relating to Military Retirees and Survivors
Sec. 651. Repeal of reduction in retired pay for military retirees
employed in civilian positions.
Sec. 652. Presentation of United States flag to retiring members of the
uniformed services not previously covered.
Sec. 653. Disability retirement or separation for certain members with
pre-existing conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-
up premium paid by persons electing SBP coverage during
special open enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection
Plan.
Sec. 656. Extension of authority for payment of annuities to certain
military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when
not elected by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services
retirees.
Subtitle F--Eligibility To Participate in the Thrift Savings Plan
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.
Subtitle G--Other Matters
Sec. 671. Payment for unused leave in conjunction with a reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians
(dual status) serving on active duty without pay outside the
United States.
Sec. 673. Annual report on effects of initiatives on recruitment and
retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency
operation.
Sec. 676. Administration of Selected Reserve education loan repayment
program for Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue
Code of members receiving hostile fire or imminent danger
special pay during contingency operations.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain
CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries
on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities
for active duty members stationed at certain remote
locations.
Sec. 707. Open enrollment demonstration program.
Subtitle B--TRICARE Program
Sec. 711. Expansion and revision of authority for dental programs for
dependents and reserves.
Sec. 712. Improvement of access to health care under the TRICARE
program.
[[Page 113 STAT. 519]]
Sec. 713. Improvements to claims processing under the TRICARE program.
Sec. 714. Authority to waive certain TRICARE deductibles.
Sec. 715. TRICARE beneficiary counseling and assistance coordinators.
Sec. 716. Improvement of TRICARE management; improvements to third-party
payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE
program.
Subtitle C--Other Matters
Sec. 721. Forensic pathology investigations by Armed Forces Medical
Examiner.
Sec. 722. Best value contracting.
Sec. 723. Health care quality information and technology enhancement.
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by
the Department of Defense and Department of Veterans Affairs.
Sec. 725. Program-year stability in health care benefits.
Sec. 726. Study on joint operations for the Defense Health Program.
Sec. 727. Trauma training center.
Sec. 728. Sense of Congress regarding automatic enrollment of medicare-
eligible beneficiaries in the TRICARE Senior Prime
demonstration project.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect
to associated services.
Sec. 806. Use of special simplified procedures for purchases of
commercial items in excess of the simplified acquisition
threshold.
Sec. 807. Repeal of termination of provision of credit towards
subcontracting goals for purchases benefiting severely
handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 809. Required reports for certain multiyear contracts.
Subtitle B--Other Matters
Sec. 811. Mentor-Protege Program improvements.
Sec. 812. Program to increase business innovation in defense acquisition
programs.
Sec. 813. Incentives to produce innovative new technologies.
Sec. 814. Pilot program for commercial services.
Sec. 815. Expansion of applicability of requirement to make certain
procurements from small arms production industrial base.
Sec. 816. Compliance with existing law regarding purchases of equipment
and products.
Sec. 817. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 818. Extension of interim reporting rule for certain procurements
less than $100,000.
Sec. 819. Inspector General review of compliance with Buy American Act
in purchases of strength training equipment.
Sec. 820. Report on options for accelerated acquisition of precision
munitions.
Sec. 821. Technical amendment to prohibition on release of contractor
proposals under the Freedom of Information Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Strategic Planning
Sec. 901. Permanent requirement for Quadrennial Defense Review.
Sec. 902. Minimum interval for updating and revising Department of
Defense strategic plan.
Subtitle B--Department of Defense Organization
Sec. 911. Responsibility for logistics and sustainment functions of the
Department of Defense.
[[Page 113 STAT. 520]]
Sec. 912. Enhancement of technology security program of Department of
Defense.
Sec. 913. Efficient utilization of defense laboratories.
Sec. 914. Center for the Study of Chinese Military Affairs.
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security
Studies of foreign gifts and donations.
Subtitle C--Personnel Management
Sec. 921. Revisions to limitations on number of personnel assigned to
major Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations
tempo and personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program
for military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in
defense acquisition workforce.
Subtitle D--Other Matters
Sec. 931. Additional matters for annual reports on joint warfighting
experimentation.
Sec. 932. Oversight of Department of Defense activities to combat
terrorism.
Sec. 933. Responsibilities and accountability for certain financial
management functions.
Sec. 934. Management of Civil Air Patrol.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for
fiscal year 1999.
Sec. 1004. Supplemental appropriations request for operations in
Yugoslavia.
Sec. 1005. United States contribution to NATO common-funded budgets in
fiscal year 2000.
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for
fiscal year 2000.
Sec. 1007. Second biennial financial management improvement plan.
Sec. 1008. Waiver authority for requirement that electronic transfer of
funds be used for Department of Defense payments.
Sec. 1009. Single payment date for invoice for various subsistence
items.
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of
maps, charts, and navigational books.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revision to congressional notice-and-wait period required
before transfer of a vessel stricken from the
Naval Vessel Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of
Defense.
Sec. 1015. National Defense Features program.
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship
contractors.
Sec. 1017. Transfer of naval vessel to foreign country.
Sec. 1018. Authority to transfer naval vessels to certain foreign
countries.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
Sec. 1021. Modification of limitation on funding assistance for
procurement of equipment for the National Guard
for drug interdiction and counter-drug activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard
authority for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or
threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for
United States Southern Command counter-drug
detection and monitoring flights.
Sec. 1025. Annual report on United States military activities in
Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and
monitoring.
[[Page 113 STAT. 521]]
Sec. 1027. Plan regarding assignment of military personnel to assist
Immigration and Naturalization Service and Customs
Service.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and
combatant command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to
support National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National
Military Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of
Consequence Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget
submission for fiscal year 2001.
Sec. 1039. Report on NATO Defense Capabilities Initiative.
Sec. 1040. Report on motor vehicle violations by operators of official
Army vehicles.
Subtitle E--Information Security
Sec. 1041. Identification in budget materials of amounts for
declassification activities and limitation on
expenditures for such activities.
Sec. 1042. Notice to congressional committees of certain security and
counterintelligence failures within defense
programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas,
sensitive, or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National
Imagery and Mapping Agency.
Subtitle F--Memorial Objects and Commemorations
Sec. 1051. Moratorium on the return of veterans memorial objects to
foreign nations without specific authorization in
law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.
Subtitle G--Other Matters
Sec. 1061. Defense Science Board task force on use of television and
radio as a propaganda instrument in time of
military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National
Security of the House of Representatives to
Committee on Armed Services.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement
authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive
employees.
Sec. 1103. Restoration of leave of emergency essential employees serving
in a combat zone.
Sec. 1104. Extension of certain temporary authorities to provide
benefits for employees in connection with defense
workforce reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve
technicians on active duty in support of combat
operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under
section 6323 of title 5, United States Code, may
be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff
of the Uniformed Services University of the Health
Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain
workforce management restrictions.
[[Page 113 STAT. 522]]
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to the People's Republic of China
Sec. 1201. Limitation on military-to-military exchanges and contacts
with Chinese People's Liberation Army.
Sec. 1202. Annual report on military power of the People's Republic of
China.
Subtitle B--Matters Relating to the Balkans
Sec. 1211. Department of Defense report on the conduct of Operation
Allied Force and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution
of war crimes, genocide, and crimes against
humanity in the former Republic of Yugoslavia.
Subtitle C--Matters Relating to NATO and Other Allies
Sec. 1221. Legal effect of the new Strategic Concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater
wars.
Sec. 1223. Attendance at professional military education schools by
military personnel of the new member nations of
NATO.
Subtitle D--Other Matters
Sec. 1231. Multinational economic embargoes against governments in armed
conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during
fiscal year 2000 and congressional notice of
deployments to Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions
against Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical
overseas missions involving United States combat
forces.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1307. Limitation on use of funds until submission of multiyear
plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United
States assistance under Cooperative Threat
Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.
TITLE XIV--PROLIFERATION AND EXPORT CONTROLS
Sec. 1401. Adherence of People's Republic of China to Missile Technology
Control Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology
to countries and entities of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted to People's Republic of
China and of foreign launch security violations.
Sec. 1406. Report on national security implications of exporting high-
performance computers to the People's Republic of
China.
Sec. 1407. End-use verification for use by People's Republic of China of
high-performance computers.
Sec. 1408. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department
of State.
Sec. 1411. Enhanced intelligence consultation on satellite license
applications.
Sec. 1412. Investigations of violations of export controls by United
States satellite manufacturers.
[[Page 113 STAT. 523]]
TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS
Sec. 1501. Revision to limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1502. Sense of Congress on strategic arms reductions.
Sec. 1503. Report on strategic stability under START III.
Sec. 1504. Counterproliferation Program Review Committee.
Sec. 1505. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
TITLE XVI--NATIONAL SECURITY SPACE MATTERS
Subtitle A--Space Technology Guide; Reports
Sec. 1601. Space technology guide.
Sec. 1602. Report on vulnerabilities of United States space assets.
Sec. 1603. Report on space launch failures.
Sec. 1604. Report on Air Force space launch facilities.
Subtitle B--Commercial Space Launch Services
Sec. 1611. Sense of Congress regarding United States-Russian cooperation
in commercial space launch services.
Sec. 1612. Sense of Congress concerning United States commercial space
launch capacity.
Subtitle C--Commission To Assess United States National Security Space
Management and Organization
Sec. 1621. Establishment of commission.
Sec. 1622. Duties of commission.
Sec. 1623. Report.
Sec. 1624. Assessment by the Secretary of Defense.
Sec. 1625. Powers.
Sec. 1626. Commission procedures.
Sec. 1627. Personnel matters.
Sec. 1628. Miscellaneous administrative provisions.
Sec. 1629. Funding.
Sec. 1630. Termination of the commission.
TITLE XVII--TROOPS-TO-TEACHERS PROGRAM
Sec. 1701. Short title; definitions.
Sec. 1702. Authorization of Troops-to-Teachers Program.
Sec. 1703. Eligible members of the Armed Forces.
Sec. 1704. Selection of participants.
Sec. 1705. Stipend and bonus for participants.
Sec. 1706. Participation by States.
Sec. 1707. Termination of original program; transfer of functions.
Sec. 1708. Reporting requirements.
Sec. 1709. Funds for fiscal year 2000.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
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.
[[Page 113 STAT. 524]]
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project.
Sec. 2206. Authorization to accept electrical substation improvements,
Guam.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Increase in fiscal year 1997 authorization for military
construction projects at Pueblo Chemical Activity,
Colorado.
Sec. 2407. Condition on obligation of military construction funds for
drug 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.
Sec. 2602. Modification of authority to carry out fiscal year 1998
project.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Exemption from notice and wait requirements of military
construction projects supported by burdensharing
funds undertaken for war or national emergency.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Expansion of entities eligible to participate in alternative
authority for acquisition and improvement of
military housing.
Sec. 2804. Restriction on authority to acquire or construct ancillary
supporting facilities for housing units.
Sec. 2805. Planning and design for military construction projects for
reserve components.
Sec. 2806. Modification of limitations on reserve component facility
projects for certain safety projects.
Sec. 2807. Sense of Congress on use of incremental funding to carry out
military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Extension of authority for lease of real property for special
operations activities.
[[Page 113 STAT. 525]]
Sec. 2812. Enhancement of authority relating to utility privatization.
Sec. 2813. Acceptance of funds to cover administrative expenses relating
to certain real property transactions.
Sec. 2814. Operations of Naval Academy dairy farm.
Sec. 2815. Study and report on impacts to military readiness of proposed
land management changes on public lands in Utah.
Sec. 2816. Designation of missile intelligence building at Redstone
Arsenal, Alabama, as the Richard C. Shelby Center
for Missile Intelligence.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Economic development conveyances of base closure property.
Sec. 2822. Continuation of authority to use Department of Defense Base
Closure Account 1990 for activities required to
close or realign military installations.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2832. Land exchange, Rock Island Arsenal, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Bangor, Maine.
Sec. 2834. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2835. Land conveyance, Army Reserve Center, Cannon Falls,
Minnesota.
Sec. 2836. Land conveyance, Army Maintenance Support Activity (Marine)
Number 84, Marcus Hook, Pennsylvania.
Sec. 2837. Land conveyances, Army docks and related property, Alaska.
Sec. 2838. Land conveyance, Fort Huachuca, Arizona.
Sec. 2839. Land conveyance, Nike Battery 80 family housing site, East
Hanover Township, New Jersey.
Sec. 2840. Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota.
Sec. 2841. Repair and conveyance of Red Butte Dam and Reservoir, Salt
Lake City, Utah.
Sec. 2842. Modification of land conveyance, Joliet Army Ammunition
Plant, Illinois.
Part II--Navy Conveyances
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2853. Land conveyance, Newport, Rhode Island.
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida.
Sec. 2855. One-year delay in demolition of radio transmitting facility
towers at Naval Station, Annapolis, Maryland, to
facilitate conveyance of towers.
Sec. 2856. Clarification of land exchange, Naval Reserve Readiness
Center, Portland, Maine.
Sec. 2857. Revision to lease authority, Naval Air Station, Meridian,
Mississippi.
Sec. 2858. Land conveyances, Norfolk, Virginia.
Part III--Air Force Conveyances
Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, New
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.
Sec. 2865. Land conveyance, McClellan Nuclear Radiation Center,
California.
Subtitle E--Other Matters
Sec. 2871. Acceptance of guarantees in connection with gifts to military
service academies.
Sec. 2872. Acquisition of State-held inholdings, east range of Fort
Huachuca, Arizona.
Sec. 2873. Enhancement of Pentagon renovation activities.
Subtitle F--Expansion of Arlington National Cemetery
Sec. 2881. Transfer from Navy Annex, Arlington, Virginia.
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia.
TITLE XXIX--COMMISSION ON NATIONAL MILITARY MUSEUM
Sec. 2901. Establishment.
Sec. 2902. Duties of Commission.
[[Page 113 STAT. 526]]
Sec. 2903. Report.
Sec. 2904. Powers.
Sec. 2905. Commission procedures.
Sec. 2906. Personnel matters.
Sec. 2907. Miscellaneous administrative provisions.
Sec. 2908. Funding.
Sec. 2909. Termination of Commission.
TITLE XXX--MILITARY LAND WITHDRAWALS
Sec. 3001. Short title.
Subtitle A--Withdrawals Generally
Sec. 3011. Withdrawals.
Sec. 3012. Maps and legal descriptions.
Sec. 3013. Termination of withdrawals in Military Lands Withdrawal Act
of 1986.
Sec. 3014. Management of lands.
Sec. 3015. Duration of withdrawal and reservation.
Sec. 3016. Extension of initial withdrawal and reservation.
Sec. 3017. Ongoing decontamination.
Sec. 3018. Delegation.
Sec. 3019. Water rights.
Sec. 3020. Hunting, fishing, and trapping.
Sec. 3021. Mining and mineral leasing.
Sec. 3022. Use of mineral materials.
Sec. 3023. Immunity of United States.
Subtitle B--Withdrawals in Arizona
Sec. 3031. Barry M. Goldwater Range, Arizona.
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and
Cabeza Prieta Wilderness.
Sec. 3033. Maps and legal description.
Sec. 3034. Water rights.
Sec. 3035. Hunting, fishing, and trapping.
Sec. 3036. Use of mineral materials.
Sec. 3037. Immunity of United States.
Subtitle C--Authorization of Appropriations
Sec. 3041. Authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL 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. Prohibition on use of funds for certain activities under
formerly utilized site remedial action program.
[[Page 113 STAT. 527]]
Sec. 3132. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Procedures for meeting tritium production requirements.
Sec. 3135. Independent cost estimate of accelerator production of
tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Sec. 3137. Support of theater ballistic missile defense activities of
the Department of Defense.
Subtitle D--Matters Relating to Safeguards, Security, and
Counterintelligence
Sec. 3141. Short title.
Sec. 3142. Commission on Safeguards, Security, and Counterintelligence
at Department of Energy facilities.
Sec. 3143. Background investigations of certain personnel at Department
of Energy facilities.
Sec. 3144. Conduct of security clearances.
Sec. 3145. Protection of classified information during laboratory-to-
laboratory exchanges.
Sec. 3146. Restrictions on access to national laboratories by foreign
visitors from sensitive countries.
Sec. 3147. Department of Energy regulations relating to the safeguarding
and security of Restricted Data.
Sec. 3148. Increased penalties for misuse of Restricted Data.
Sec. 3149. Supplement to plan for declassification of Restricted Data
and formerly Restricted Data.
Sec. 3150. Notice to congressional committees of certain security and
counterintelligence failures within nuclear energy
defense programs.
Sec. 3151. Annual report by the President on espionage by the People's
Republic of China.
Sec. 3152. Report on counterintelligence and security practices at
national laboratories.
Sec. 3153. Report on security vulnerabilities of national laboratory
computers.
Sec. 3154. Counterintelligence polygraph program.
Sec. 3155. Definitions of national laboratory and nuclear weapons
production facility.
Sec. 3156. Definition of Restricted Data.
Subtitle E--Matters Relating to Personnel
Sec. 3161. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3162. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of
Defense and Department of Energy.
Sec. 3164. Whistleblower protection program.
Subtitle F--Other Matters
Sec. 3171. Requirement for plan to improve reprogramming processes.
Sec. 3172. Integrated fissile materials management plan.
Sec. 3173. Identification in budget materials of amounts for
declassification activities and limitation on
expenditures for such activities.
Sec. 3174. Sense of Congress regarding technology transfer coordination
for Department of Energy national laboratories.
Sec. 3175. Pilot program for project management oversight regarding
Department of Energy construction projects.
Sec. 3176. Pilot program of Department of Energy to authorize use of
prior year unobligated balances for accelerated
site cleanup at Rocky Flats Environmental
Technology Site, Colorado.
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats
Environmental Technology Site, Colorado, to Waste
Isolation Pilot Plant, New Mexico.
Sec. 3178. Comptroller General report on closure of Rocky Flats
Environmental Technology Site, Colorado.
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New
Mexico.
TITLE XXXII--NATIONAL NUCLEAR SECURITY ADMINISTRATION
Sec. 3201. Short title.
[[Page 113 STAT. 528]]
Sec. 3202. Under Secretary for Nuclear Security of Department of Energy.
Sec. 3203. Establishment of policy for National Nuclear Security
Administration.
Sec. 3204. Organization of Department of Energy counterintelligence and
intelligence programs and activities.
Subtitle A--Establishment and Organization
Sec. 3211. Establishment and mission.
Sec. 3212. Administrator for Nuclear Security.
Sec. 3213. Status of Administration and contractor personnel within
Department of Energy.
Sec. 3214. Deputy Administrator for Defense Programs.
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation.
Sec. 3216. Deputy Administrator for Naval Reactors.
Sec. 3217. General Counsel.
Sec. 3218. Staff of Administration.
Subtitle B--Matters Relating to Security
Sec. 3231. Protection of national security information.
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of
Defense Nuclear Security.
Sec. 3233. Counterintelligence programs.
Sec. 3234. Procedures relating to access by individuals to classified
areas and information of Administration.
Sec. 3235. Government access to information on Administration computers.
Sec. 3236. Congressional oversight of special access programs.
Subtitle C--Matters Relating to Personnel
Sec. 3241. Authority to establish certain scientific, engineering, and
technical positions.
Sec. 3242. Voluntary early retirement authority.
Sec. 3243. Severance pay.
Sec. 3244. Continued coverage of health care benefits.
Subtitle D--Budget and Financial Management
Sec. 3251. Separate treatment in budget.
Sec. 3252. Planning, programming, and budgeting process.
Sec. 3253. Future-years nuclear security program.
Subtitle E--Miscellaneous Provisions
Sec. 3261. Environmental protection, safety, and health requirements.
Sec. 3262. Compliance with Federal Acquisition Regulation.
Sec. 3263. Sharing of technology with Department of Defense.
Sec. 3264. Use of capabilities of national security laboratories by
entities outside the Administration.
Subtitle F--Definitions
Sec. 3281. Definitions.
Subtitle G--Amendatory Provisions, Transition Provisions, and Effective
Dates
Sec. 3291. Functions transferred.
Sec. 3292. Transfer of funds and employees.
Sec. 3293. Pay levels.
Sec. 3294. Conforming amendments.
Sec. 3295. Transition provisions.
Sec. 3296. Applicability of preexisting laws and regulations.
Sec. 3297. Report containing implementation plan of Secretary of Energy.
Sec. 3298. Classification in United States Code.
Sec. 3299. Effective dates.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
[[Page 113 STAT. 529]]
Sec. 3402. Disposal of certain materials in National Defense Stockpile.
Sec. 3403. Limitations on previous authority for disposal of stockpile
materials.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Office of Transition Administration.
Sec. 3505. Expenditures only in accordance with treaties.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Short title.
Sec. 3602. Authorization of appropriations for fiscal year 2000.
Sec. 3603. Extension of war risk insurance authority.
Sec. 3604. Ownership of the JEREMIAH O'BRIEN.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for certain Army programs.
Sec. 112. Procurement requirements for the Family of Medium Tactical
Vehicles.
Sec. 113. Army aviation modernization.
Sec. 114. Multiple Launch Rocket System.
Sec. 115. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities without
regard to availability from domestic sources.
Sec. 116. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Subtitle C--Navy Programs
Sec. 121. F/A-18E/F Super Hornet aircraft program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Repeal of requirement for annual report from shipbuilders
under certain nuclear attack submarine programs.
Sec. 124. LHD-8 amphibious assault ship program.
Sec. 125. D-5 missile program.
Subtitle D--Air Force Programs
Sec. 131. F-22 aircraft program.
Sec. 132. Replacement options for conventional air-launched cruise
missile.
[[Page 113 STAT. 530]]
Sec. 133. Procurement of firefighting equipment for the Air National
Guard and the Air Force Reserve.
Sec. 134. F-16 tactical manned reconnaisance aircraft.
Subtitle E--Chemical Stockpile Destruction Program
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 142. Comptroller General report on anticipated effects of proposed
changes in operation of storage sites for lethal chemical
agents and munitions.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2000
for procurement for the Army as follows:
(1) For aircraft, $1,459,688,000.
(2) For missiles, $1,258,298,000.
(3) For weapons and tracked combat vehicles, $1,571,665,000.
(4) For ammunition, $1,215,216,000.
(5) For other procurement, $3,662,921,000.
SEC. 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, $8,798,784,000.
(2) For weapons, including missiles and torpedoes,
$1,417,100,000.
(3) For shipbuilding and conversion, $7,016,454,000.
(4) For other procurement, $4,266,891,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2000 for procurement for the Marine Corps in the amount
of $1,296,970,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2000 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $534,700,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2000
for procurement for the Air Force as follows:
(1) For aircraft, $9,758,886,000.
(2) For missiles, $2,395,608,000.
(3) For ammunition, $467,537,000.
(4) For other procurement, $7,158,527,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2000
for Defense-wide procurement in the amount of $2,345,168,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 2000
for procurement of aircraft, vehicles, communications 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.
[[Page 113 STAT. 531]]
(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,000.
(6) For the Marine Corps Reserve, $10,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2000
for procurement for the Inspector General of the Department of Defense
in the amount of $2,100,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 2000
the amount of $1,024,000,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2000
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $356,970,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN ARMY
PROGRAMS.
Beginning with the fiscal year 2000 program year, the Secretary of
the Army may, in accordance with section 2306b of title 10, United
States Code, enter into multiyear contracts for procurement of the
following:
(1) The Javelin missile system.
(2) M2A3 Bradley fighting vehicles.
(3) AH-64D Apache Longbow attack helicopters.
(4) The M1A2 Abrams main battle tank upgrade program
combined with the Heavy Assault Bridge program.
SEC. 112. PROCUREMENT REQUIREMENTS FOR THE FAMILY OF MEDIUM
TACTICAL VEHICLES.
(a) Requirements.--The Secretary of the Army--
(1) shall use competitive procedures for the award of any
contract for procurement of vehicles under the Family of Medium
Tactical Vehicles program after completion of the multiyear
procurement contract for procurement of vehicles under that
program that was awarded on October 14, 1998; and
(2) may not award a contract to establish a second-source
contractor for procurement of the vehicles under the Family of
Medium Tactical Vehicles program that are covered by the
multiyear procurement contract for that program that was awarded
on October 14, 1998.
(b) Repeal.--Section 112 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1937) is repealed.
[[Page 113 STAT. 532]]
SEC. 113. ARMY AVIATION MODERNIZATION.
(a) Helicopter Force Modernization Plan.--The Secretary of the Army
shall submit to the congressional defense committees a comprehensive
plan for the modernization of the Army's helicopter forces.
(b) Required Elements.--The helicopter force modernization plan
shall include provisions for the following:
(1) For the AH-64D Apache Longbow program--
(A) restoration of the original procurement
objective of the program to the procurement of 747
aircraft and at least 227 fire control radars;
(B) qualification and training of reserve component
pilots as augmentation crews to ensure 24-hour
warfighting capability in deployed attack helicopter
units; and
(C) fielding of a sufficient number of aircraft in
reserve component aviation units to implement the
provisions of the plan required under subparagraph (B).
(2) For AH-1 Cobra helicopters, retirement of all AH-1 Cobra
helicopters remaining in the fleet.
(3) For the RAH-66 Comanche program--
(A) review of the total requirements and acquisition
objectives for the program;
(B) fielding of Comanche helicopters to the planned
aviation force structure; and
(C) support for the plan for the AH-64D Apache
program required under paragraph (1).
(4) For the UH-1 Huey helicopter program--
(A) an upgrade program;
(B) revision of total force requirements for that
aircraft to reflect the warfighting and support
requirements of the theater commanders-in-chief for
aircraft used by the Army National Guard; and
(C) a transition plan to a future utility
helicopter.
(5) For the UH-60 Blackhawk helicopter program--
(A) identification of the objective requirements for
that aircraft;
(B) an acquisition strategy for meeting requirements
that in the interim will be addressed by UH-1 Huey
helicopters among the warfighting and support
requirements of the theater commanders-in-chief for
aircraft used by the Army National Guard; and
(C) a modernization program for fielded aircraft.
(6) For the CH-47 Chinook helicopter service life extension
program, maintenance of the schedule and funding.
(7) For the OH-58D Kiowa Warrior helicopters, an upgrade
program.
(8) A revised assessment of the Army's present and future
requirements for helicopters and its present and future
helicopter inventory, including the number of aircraft, average
age of aircraft, availability of spare parts, flight hour costs,
roles and functions assigned to the fleet as a whole and to each
type of aircraft, and the mix of active component and reserve
component aircraft in the fleet.
(c) Limitation.--Not more than 90 percent of the amount appropriated
pursuant to the authorization of appropriations in section 101(1) may be
obligated before the date that is 30 days
[[Page 113 STAT. 533]]
after the date on which the Secretary of the Army submits the plan
required by subsection (a) to the congressional defense committees.
SEC. 114. MULTIPLE LAUNCH ROCKET SYSTEM.
The Secretary of the Army may make available, from funds
appropriated pursuant to the authorization of appropriations in section
101(2), an amount not to exceed $500,000 to complete the development of
reuse and demilitarization tools and technologies for use in the
demilitarization of Army Multiple Launch Rocket System rockets.
SEC. 115. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED
ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES WITHOUT REGARD TO
AVAILABILITY FROM DOMESTIC SOURCES.
(a) Extension of Program.--Section 141 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C.
4543 note) is amended--
(1) in subsection (a), by striking ``During fiscal years
1998 and 1999'' and inserting ``During fiscal years 1998 through
2001''; and
(2) in subsection (b), by striking ``during fiscal year 1998
or 1999'' and inserting ``during the period during which the
pilot program is being conducted''.
(b) Update of Inspector General Report.--Such section is further
amended by adding at the end the following new subsection:
``(d) Update <<NOTE: Deadline.>> of Report.--Not later than March 1,
2001, the Inspector General of the Department of Defense shall submit to
Congress an update of the report required to be submitted under
subsection (c) and an assessment of the success of the pilot program.''.
SEC. 116. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT RETOOLING
AND MANUFACTURING SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing Support
Act of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C. 2501
note) is amended by striking ``During fiscal years 1993 through 1999''
and inserting ``During fiscal years 1993 through 2001''.
Subtitle C--Navy Programs
SEC. 121. F/A-18E/F SUPER HORNET AIRCRAFT PROGRAM.
(a) Multiyear Procurement Authority.--Subject to subsection (b), the
Secretary of the Navy may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear procurement contract
beginning with the fiscal year 2000 program year for procurement of F/A-
18E/F aircraft.
(b) Limitation.--The Secretary of the Navy may not enter into a
multiyear procurement contract authorized by subsection (a), and may not
authorize the F/A-18E/F aircraft program to enter into full-rate
production, until--
(1) <<NOTE: Certification.>> the Secretary of Defense
submits to the congressional defense committees a certification
described in subsection (c); and
[[Page 113 STAT. 534]]
(2) a period of 30 continuous days of a Congress (as
determined under subsection (d)) elapses after the submission of
that certification.
(c) Required Certification.--A certification referred to in
subsection (b)(1) is a certification by the Secretary of Defense of each
of the following:
(1) That the results of the Operational Test and Evaluation
program for the F/A-18E/F aircraft indicate--
(A) that the aircraft is operationally effective and
operationally suitable; and
(B) that the F/A-18E and the F/A-18F variants of
that aircraft both meet their respective key performance
parameters as established in the Operational
Requirements Document (ORD) for the F/A-18E/F program,
as validated and approved by the Chief of Naval
Operations on April 1, 1997 (other than for a
permissible deviation of not more than 1 percent with
respect to the range performance parameter).
(2) That the cost of procurement of the F/A-18E/F aircraft
using a multiyear procurement contract as authorized by
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.
(d) Continuity of Congress.--For purposes of subsection (b)(2)--
(1) the continuity of a Congress is broken only by an
adjournment of the Congress sine die at the end of the final
session of the Congress; and
(2) any day on which either House of Congress is not in
session because of an adjournment of more than three days to a
day certain, or because of an adjournment sine die at the end of
the first session of a Congress, shall be excluded in the
computation of such 30-day period.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Authority for Multiyear Procurement of 6 Additional Vessels.--
(1) Subsection (b) of section 122 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446) is amended
in the first sentence--
(A) by striking ``12 Arleigh Burke class destroyers'' and
inserting ``18 Arleigh Burke class destroyers''; and
(B) by striking ``and 2001'' and inserting ``2001, 2002, and
2003''.
(2) The heading for such subsection is amended by striking
``Twelve'' and inserting ``18''.
(b) Fiscal Year 2001 Advance Procurement.--(1) Subject to paragraphs
(2) and (3), the Secretary of the Navy is authorized, in fiscal year
2001, to enter into contracts for advance procurement for the Arleigh
Burke class destroyers that are to be constructed under contracts
entered into after fiscal year 2001 under section 122(b) of Public Law
104-201, as amended by subsection (a)(1).
(2) The authority to contract for advance procurement under
paragraph (1) is subject to the availability of funds authorized and
appropriated for fiscal year 2001 for that purpose in Acts enacted after
September 30, 1999.
(3) The aggregate amount of the contracts entered into under
paragraph (1) may not exceed $371,000,000.
[[Page 113 STAT. 535]]
(c) Other Funds for Advance Procurement.--Notwithstanding any other
provision of this Act, of the funds authorized to be appropriated under
section 102(a) for procurement programs, projects, and activities of the
Navy, up to $190,000,000 may be made available, as the Secretary of the
Navy may direct, for advance procurement for the Arleigh Burke class
destroyer program. Authority to make transfers under this subsection is
in addition to the transfer authority provided in section 1001.
SEC. 123. REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM
SHIPBUILDERS UNDER CERTAIN NUCLEAR ATTACK
SUBMARINE PROGRAMS.
(a) Repeal.--Paragraph (3) of section 121(g) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2444) is repealed.
(b) Conforming Amendment.--Paragraph (5) of such section is amended
by striking ``reports referred to in paragraphs (3) and (4)'' and
inserting ``report referred to in paragraph (4)''.
SEC. 124. LHD-8 AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the amphibious assault ship to be designated LHD-8, subject
to the availability of appropriations for that purpose.
(b) Amount Authorized.--Of the amount authorized to be appropriated
under section 102(a)(3) for fiscal year 2000, $375,000,000 is available
for the advance procurement and advance construction of components for
the LHD-8 amphibious assault ship program. The Secretary of the Navy may
enter into a contract or contracts with the shipbuilder and other
entities for the advance procurement and advance construction of those
components.
SEC. 125. D-5 MISSILE PROGRAM.
(a) Report.--Not <<NOTE: Deadline.>> later than October 31, 1999,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the D-5
missile program.
(b) Report Elements.--The report under subsection (a) shall include
the following:
(1) An inventory management plan for the D-5 missile program
covering the projected life of the program, including--
(A) the location of D-5 missiles during the fueling
of submarines;
(B) rotation of inventory;
(C) expected attrition rate due to flight testing,
loss, damage, or termination of service life; and
(D) consideration of the results of the assessment
required in paragraph (4).
(2) The cost of terminating procurement of D-5 missiles for
each fiscal year before the current plan.
(3) An assessment of the capability of the Navy of meeting
strategic requirements with a total procurement of less than 425
D-5 missiles, including an assessment of the consequences of--
(A) loading Trident submarines with fewer than 24 D-
5 missiles; and
(B) reducing the flight test rate for D-5 missiles.
[[Page 113 STAT. 536]]
(4) An assessment of the optimal commencement date for the
development and deployment of replacement capability for the
current land-based and sea-based missile forces.
(5) The Secretary's plan for maintaining D-5 missiles and
Trident submarines under the START II Treaty and a proposed
START III treaty, and whether requirements for those missiles
and submarines would be reduced under such treaties.
Subtitle D--Air Force Programs
SEC. 131. F-22 AIRCRAFT PROGRAM.
(a) Certification Required Before LRIP.--The Secretary of the Air
Force may not award a contract for low-rate initial production under the
F-22 aircraft program until the Secretary of Defense submits to the
congressional defense committees the Secretary's certification of each
of the following:
(1) That the test plan in the engineering and manufacturing
development phase for that program is adequate for determining
the operational effectiveness and suitability of the F-22
aircraft.
(2) That the engineering and manufacturing development
phase, and the production phase, for that program can each be
executed within the limitation on total cost applicable to that
program under subsection (a) or (b), respectively, of section
217 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1660).
(b) Lack of Certification.--If the Secretary of Defense is unable to
submit either or both of the certifications under subsection (a), the
Secretary shall submit to the congressional defense committees a report
which includes--
(1) the reasons the certification or certifications could
not be made;
(2) a revised acquisition plan approved by the Secretary of
Defense if the Secretary desires to proceed with low-rate
initial production; and
(3) a revised cost estimate for the remainder of the
engineering and manufacturing development phase and for the
production phase of the F-22 program if the Secretary desires to
proceed with low-rate initial production.
SEC. 132. REPLACEMENT OPTIONS FOR CONVENTIONAL AIR-LAUNCHED CRUISE
MISSILE.
(a) Report.--The <<NOTE: Deadline.>> Secretary of the Air Force
shall determine the requirements being met by the conventional air-
launched cruise missile (CALCM) as of the date of the enactment of this
Act and, not later than January 15, 2000, shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the replacement options for
that missile.
(b) Matters To Be Included.--In the report under subsection (a), the
Secretary shall consider the options for continuing to meet the
requirements determined by the Secretary under subsection (a) as the
inventory of the conventional air-launched cruise missile is depleted.
Options considered shall include the following:
(1) Resumption of production of the conventional air-
launched cruise missile.
[[Page 113 STAT. 537]]
(2) Acquisition of a new type of weapon with lethality
characteristics equivalent or superior to the lethality
characteristics of the conventional air-launched cruise missile.
(3) Use of existing or planned munitions or such munitions
with appropriate upgrades.
SEC. 133. PROCUREMENT OF FIREFIGHTING EQUIPMENT FOR THE AIR
NATIONAL GUARD AND THE AIR FORCE RESERVE.
The Secretary of the Air Force may carry out a procurement program,
in a total amount not to exceed $16,000,000, to modernize the airborne
firefighting capability of the Air National Guard and Air Force Reserve
by procurement of equipment for the modular airborne firefighting
system. Amounts may be obligated for the program from funds appropriated
for that purpose for fiscal year 1999 and subsequent fiscal years.
SEC. 134. F-16 TACTICAL MANNED RECONNAISANCE AIRCRAFT.
The limitation contained in section 216(a) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2454) shall not apply to the obligation or expenditure of amounts made
available pursuant to this Act for a purpose stated in paragraphs (1)
and (2) of that section.
Subtitle E--Chemical Stockpile Destruction Program
SEC. 141. DESTRUCTION <<NOTE: 50 USC 1521 note.>> OF EXISTING
STOCKPILE OF LETHAL CHEMICAL AGENTS AND
MUNITIONS.
(a) Program Assessment.--(1) The Secretary of Defense shall conduct
an assessment of the current program for destruction of the United
States' stockpile of chemical agents and munitions, including the
Assembled Chemical Weapons Assessment, for the purpose of reducing
significantly the cost of such program and ensuring completion of such
program in accordance with the 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) <<NOTE: Deadline. Reports.>> 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)--
[[Page 113 STAT. 538]]
(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) Comptroller <<NOTE: Deadline.>> General Assessment and Report.--
(1) Not later than March 1, 2000, the Comptroller General of the United
States shall review and assess the program for destruction of the United
States stockpile of chemical agents and munitions and report the results
of the assessment to the congressional defense committees.
(2) The assessment conducted under paragraph (1) shall include a
review of the program execution and financial management of each of the
elements of the program, including--
(A) the chemical stockpile disposal project;
(B) the nonstockpile chemical materiel project;
(C) the alternative technologies and approaches project;
(D) the chemical stockpile emergency preparedness program;
and
(E) the assembled chemical weapons assessment program.
(d) Definitions.--As used in this section:
(1) The term ``Assembled Chemical Weapons Assessment'' means
the pilot program carried out under section 8065 of the
Department of Defense Appropriations Act, 1997 (section 101(b)
of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 1521 note).
(2) The term ``Chemical Weapons Convention'' means the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, ratified by the United States on April 25, 1997,
and entered into force on April 29, 1997.
[[Page 113 STAT. 539]]
SEC. 142. COMPTROLLER GENERAL REPORT ON ANTICIPATED EFFECTS OF
PROPOSED CHANGES IN OPERATION OF STORAGE
SITES FOR LETHAL CHEMICAL AGENTS AND
MUNITIONS.
(a) Report <<NOTE: Deadline.>> Required.--Not later than March 31,
2000, the Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
proposal in the latest quadrennial defense review to reduce the Federal
civilian workforce involved in the operation of the eight storage sites
for lethal chemical agents and munitions in the continental United
States and to convert to contractor operation of the storage sites. The
workforce reductions addressed in the report shall include those that
are to be effectuated by fiscal year 2002.
(b) Content of Report.--The report shall include the following:
(1) For each site, a description of the assigned chemical
storage, chemical demilitarization, and industrial missions.
(2) A description of the criteria and reporting systems
applied to ensure that the storage sites and the workforce
operating the storage sites have--
(A) the capabilities necessary to respond
effectively to emergencies involving chemical accidents;
and
(B) the industrial capabilities necessary to meet
replenishment and surge requirements.
(3) The risks associated with the proposed workforce
reductions and contractor performance, particularly regarding
chemical accidents, incident response capabilities, community-
wide emergency preparedness programs, and current or planned
chemical demilitarization programs.
(4) The effects of the proposed workforce reductions and
contractor performance on the capability to satisfy permit
requirements regarding environmental protection that are
applicable to the performance of current and future chemical
demilitarization and industrial missions.
(5) The effects of the proposed workforce reductions and
contractor performance on the capability to perform assigned
industrial missions, particularly the materiel replenishment
missions for chemical or biological defense or for chemical
munitions.
(6) Recommendations for mitigating the risks and adverse
effects identified in the report.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program to evaluate and demonstrate advanced
technologies for advanced capability combat
vehicles.
Sec. 212. Sense of Congress regarding defense science and technology
program.
Sec. 213. Micro-satellite technology development program.
Sec. 214. Space control technology.
Sec. 215. Space maneuver vehicle program.
[[Page 113 STAT. 540]]
Sec. 216. Manufacturing technology program.
Sec. 217. Revision to limitations on high altitude endurance unmanned
vehicle program.
Subtitle C--Ballistic Missile Defense
Sec. 231. Space Based Infrared System (SBIRS) low program.
Sec. 232. Theater missile defense upper tier acquisition strategy.
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense
(THAAD) system.
Sec. 234. Space-based laser program.
Sec. 235. Criteria for progression of airborne laser program.
Sec. 236. Sense of Congress regarding ballistic missile defense
technology funding.
Sec. 237. Report on national missile defense.
Subtitle D--Research and Development for Long-Term Military Capabilities
Sec. 241. Quadrennial report on emerging operational concepts.
Sec. 242. Technology area review and assessment.
Sec. 243. Report by Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 244. DARPA program for award of competitive prizes to encourage
development of advanced technologies.
Sec. 245. Additional pilot program for revitalizing Department of
Defense laboratories.
Subtitle E--Other Matters
Sec. 251. Development of Department of Defense laser master plan and
execution of solid state laser program.
Sec. 252. Report on Air Force distributed mission training.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2000
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,791,243,000.
(2) For the Navy, $8,362,516,000.
(3) For the Air Force, $13,630,073,000.
(4) For Defense-wide activities, $9,482,705,000, of which--
(A) $253,457,000 is authorized for the activities of
the Director, Test and Evaluation; and
(B) $24,434,000 is authorized for the Director of
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, $4,301,421,000 shall be available for basic research and
applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
[[Page 113 STAT. 541]]
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 <<NOTE: Memorandums.>> 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 <<NOTE: Deadline.>> 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
[[Page 113 STAT. 542]]
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, 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. SENSE <<NOTE: 10 USC 2501 note.>> OF CONGRESS REGARDING
DEFENSE SCIENCE AND TECHNOLOGY PROGRAM.
(a) Failure To Comply With Funding Objective.--It is the sense of
Congress that the Secretary of Defense has failed to comply with the
funding objective for the Defense Science and Technology Program,
especially the Air Force Science and Technology Program, as stated in
section 214(a) of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1948), thus
jeopardizing the stability of the defense technology base and increasing
the risk of failure to maintain technological superiority in future
weapon systems.
(b) Funding Objective.--It is further the sense of Congress that,
for each of the fiscal years 2001 through 2009, it should be an
objective of the Secretary of Defense to increase the budget for the
Defense Science and Technology Program, including the science and
technology program within each military department, for the fiscal year
over the budget for that program for the preceding fiscal year by a
percent that is at least two percent above the rate of inflation as
determined by the Office of Management and Budget.
(c) Certification.--If the proposed budget for a fiscal year covered
by subsection (b) fails to comply with the objective set forth in that
subsection--
(1) the Secretary of Defense shall submit to Congress--
(A) the certification of the Secretary that the
budget does not jeopardize the stability of the defense
technology base or increase the risk of failure to
maintain technological superiority in future weapon
systems; or
(B) a statement of the Secretary explaining why the
Secretary is unable to submit such certification; and
(2) <<NOTE: Deadline. Reports.>> the Defense Science Board
shall, not more than 60 days after the date on which the
Secretary submits the certification or statement under paragraph
(1), submit to the Secretary and Congress a report assessing the
effect such failure to comply is likely to have on defense
technology and the national defense.
SEC. 213. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.
Of the funds authorized to be appropriated under section 201(3),
$10,000,000 is available for continued implementation of the micro-
satellite technology program established pursuant to section 215
[[Page 113 STAT. 543]]
of the National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1659).
SEC. 214. SPACE CONTROL TECHNOLOGY.
(a) Funds Available for Air Force Execution.--Of the funds
authorized to be appropriated under section 201(3), $14,822,000 shall be
available for space control technology development pursuant to the
Department of Defense Space Control Technology Plan of 1999.
(b) Funds Available for Army Execution.--Of the funds authorized to
be appropriated under section 201(1), $10,000,000 shall be available for
space control technology development. Of the funds made available
pursuant to the preceding sentence, the commander of the United States
Army Space and Missile Defense Command may use such amounts as are
necessary for any or all of the following activities:
(1) Continued development of the kinetic energy anti-
satellite technology program.
(2) Technology development associated with the kinetic
energy anti-satellite kill vehicle to temporarily disrupt
satellite functions.
(3) Cooperative technology development with the Air Force,
pursuant to the Department of Defense Space Control Technology
Plan of 1999.
SEC. 215. SPACE MANEUVER VEHICLE PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated under
section 201(3), $25,000,000 is available for the Space Maneuver Vehicle
program.
(b) Acquisition of Second Flight Test Article.--The amount available
for the space maneuver vehicle program under subsection (a) shall be
used for development and acquisition of an Air Force X-40 flight test
article to support the joint Air Force and National Aeronautics and
Space Administration X-37 program and to meet unique needs of the Air
Force Space Maneuver Vehicle program.
SEC. 216. MANUFACTURING TECHNOLOGY PROGRAM.
(a) Overall Purpose of Program.--Subsection (a) of section 2525 of
title 10, United States Code, is amended by inserting after ``title'' in
the first sentence the following: ``through the development and
application of advanced manufacturing technologies and processes that
will reduce the acquisition and supportability costs of defense weapon
systems and reduce manufacturing and repair cycle times across the life
cycles of such systems''.
(b) Support of Projects To Meet Essential Defense Requirements.--
Subsection (b)(4) of such section is amended to read as follows:
``(4) to focus Department of Defense support for the
development and application of advanced manufacturing
technologies and processes for use to meet manufacturing
requirements that are essential to the national defense, as well
as for repair and remanufacturing in support of the operations
of systems commands, depots, air logistics centers, and
shipyards;''.
(c) Execution.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (5);
(2) by inserting after paragraph (1) the following new
paragraphs:
[[Page 113 STAT. 544]]
``(2) In the establishment and review of requirements for an
advanced manufacturing technology or process, the Secretary shall ensure
the participation of those prospective technology users that are
expected to be the users of that technology or process.
``(3) The Secretary shall ensure that each project under the program
for the development of an advanced manufacturing technology or process
includes an implementation plan for the transition of that technology or
process to the prospective technology users that will be the users of
that technology or process.
``(4) In the periodic review of a project under the program, the
Secretary shall ensure participation by those prospective technology
users that are the expected users for the technology or process being
developed under the project.''; and
(3) by adding after paragraph (5) (as redesignated by
paragraph (2)) the following new paragraph:
``(6) In this subsection, the term `prospective technology users'
means the following officials and elements of the Department of Defense:
``(A) Program and project managers for defense weapon
systems.
``(B) Systems commands.
``(C) Depots.
``(D) Air logistics centers.
``(E) Shipyards.''.
(d) Consideration of Cost-Sharing Proposals.--Subsection (d) of such
section is amended--
(1) by striking paragraphs (2) and (3);
(2) by striking ``(A)'' after ``(1)''; and
(3) by striking ``(B) For each'' and all that follows
through ``competitive procedures.'' and inserting the following:
``(2) Under the competitive procedures used, the factors to be
considered in the evaluation of each proposed grant, contract,
cooperative agreement, or other transaction for a project under
the program shall include the extent to which that proposed
transaction provides for the proposed recipient to share in the
cost of the project.''.
(e) Revisions to Five-Year Plan.--Subsection (e)(2) of such section
is amended--
(1) in subparagraph (A), by inserting ``, including a
description of all completed projects and status of
implementation'' before the period at the end; and
(2) by adding at the end the following new subparagraph:
``(C) Plans for the implementation of the advanced
manufacturing technologies and processes being developed under
the program.''.
SEC. 217. REVISION TO LIMITATIONS ON HIGH ALTITUDE ENDURANCE
UNMANNED VEHICLE PROGRAM.
Section 216(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1660) is amended by striking
``may not procure any'' and inserting ``may not procure more than two''.
[[Page 113 STAT. 545]]
Subtitle C--Ballistic Missile Defense
SEC. 231. SPACE BASED INFRARED SYSTEM (SBIRS) LOW PROGRAM.
(a) Primary Mission of SBIRS Low System.--The primary mission of the
system designated as of the date of the enactment of this Act as the
Space Based Infrared System Low (hereinafter in this section referred to
as the ``SBIRS Low system'') is ballistic missile defense. The Secretary
of Defense shall carry out the acquisition program for that system
consistent with that primary mission.
(b) Oversight of Certain Program Functions.--With respect to the
SBIRS Low system, the Secretary of Defense shall require that the
Secretary of the Air Force obtain the approval of the Director of the
Ballistic Missile Defense Organization before the Secretary--
(1) establishes any system level technical requirement or
makes any change to any such requirement;
(2) makes any change to the SBIRS Low baseline schedule; or
(3) makes any change to the budget baseline identified in
the fiscal year 2000 future-years defense program.
(c) Priority for Ancillary Missions.--The Secretary of Defense shall
ensure that the Director of the Ballistic Missile Defense Organization,
in executing the authorities specified in subsection (b), engages in
appropriate coordination with the Secretary of the Air Force and
elements of the intelligence community to ensure that ancillary SBIRS
Low missions (that is, missions other than the primary mission of
ballistic missile defense) receive proper priority to the extent that
those ancillary missions do not increase technical or schedule risk.
(d) Management and Funding Budget Activity.--The Secretary of
Defense shall transfer the management and budgeting of funds for the
SBIRS Low system from the Tactical Intelligence and Related Activities
(TIARA) budget aggregation to a nonintelligence budget activity of the
Air Force.
(e) Deadline for Definition of System Requirements.--The system
level technical requirements for the SBIRS Low system shall be defined
not later than July 1, 2000.
(f) Definitions.--For purposes of this section:
(1) The term ``system level technical requirements'' means
those technical requirements and those functional requirements
of a system, expressed in terms of technical performance and
mission requirements, including test provisions, that determine
the direction and progress of the systems engineering effort and
the degree of convergence upon a balanced and complete
configuration.
(2) The term ``SBIRS Low baseline schedule'' means a program
schedule that includes--
(A) a Milestone II decision on entry into
engineering and manufacturing development to be made
during fiscal year 2002;
(B) a critical design review to be conducted during
fiscal year 2003; and
(C) a first launch of a SBIRS Low satellite to be
made during fiscal year 2006.
[[Page 113 STAT. 546]]
SEC. 232. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION STRATEGY.
(a) Revised Upper Tier Strategy.--The Secretary of Defense shall
establish an acquisition strategy for the two upper tier missile defense
systems that--
(1) retains funding for both of the upper tier systems in
separate, independently managed program elements throughout the
future-years defense program;
(2) bases funding decisions and program schedules for each
upper tier system on the performance of each system independent
of the performance of the other system; and
(3) provides for accelerating the deployment of both of the
upper tier systems to the maximum extent practicable.
(b) Upper Tier Systems Defined.--For purposes of this section, the
upper tier missile defense systems are the following:
(1) The Navy Theater Wide system.
(2) The Theater High-Altitude Area Defense (THAAD) system.
SEC. 233. ACQUISITION STRATEGY FOR THEATER HIGH-ALTITUDE AREA
DEFENSE (THAAD) SYSTEM.
(a) Independent Review of System.--Subsection (a) of section 236 of
the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 1953) is amended to read as follows:
``(a) Continued Independent Review.--The Secretary of Defense shall
take appropriate steps to assure continued independent review, as the
Secretary determines is needed, of the Theater High-Altitude Area
Defense (THAAD) program.''.
(b) Coordination of Development of System Elements.--Subsection (c)
of such section is amended by striking ``may'' and inserting ``shall''.
(c) Revision to Limitation on Entering Manufacturing and Development
Phase for Interceptor Missile.--Subsection (e) of such section is
amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) If the Secretary determines, after a second successful test of
the interceptor missile of the THAAD system, that the THAAD program has
achieved a sufficient level of technical maturity, the Secretary may
waive the limitation specified in paragraph (1).
``(3) <<NOTE: Deadline. Reports.>> If the Secretary grants a waiver
under paragraph (2), the Secretary shall, not later than 60 days after
the date of the issuance of the waiver, submit to the congressional
defense committees a report describing the technical rationale for that
action.''.
SEC. 234. SPACE-BASED LASER PROGRAM.
(a) Structure of Program.--The Secretary of Defense shall structure
the space-based laser program to include--
(1) an integrated flight experiment; and
(2) an ongoing analysis and technology effort to support the
development of an objective system design.
(b) Integrated <<NOTE: Deadline.>> Flight Experiment Program
Baseline.--Not later than March 15, 2000, the Secretary of Defense, in
consultation with the joint venture contractors for the space-based
laser program,
[[Page 113 STAT. 547]]
shall establish a program baseline for the integrated flight experiment
referred to in subsection (a)(1).
(c) Structure of Integrated Flight Experiment Program Baseline.--The
program baseline established under subsection (b) shall be structured
to--
(1) demonstrate at the earliest date consistent with the
requirements of this section the fundamental end-to-end
capability to acquire, track, and destroy a boosting ballistic
missile with a lethal laser from space; and
(2) establish a balance between the use of mature technology
and more advanced technology so that the integrated flight
experiment, while providing significant information that can be
used in planning and implementing follow-on phases of the space-
based laser program, will be launched as soon as practicable.
(d) Funds Available for Integrated Flight Experiment.--Amounts shall
be available for the integrated flight experiment as follows:
(1) From amounts available pursuant to section 201(3),
$73,840,000.
(2) From amounts available pursuant to section 201(4),
$75,000,000.
(e) Limitation on Obligation of Funds for Integrated Flight
Experiment.--No funds made available in subsection (d) for the
integrated flight experiment may be obligated until the Secretary of the
Air Force--
(1) develops a specific spending plan for such amounts; and
(2) provides such plan to the congressional defense
committees.
(f) Objective System Design.--To support the development of an
objective system design for a space-based laser system suited to the
operational and technological environment that will exist when such a
system can be deployed, the Secretary of Defense shall establish an
analysis and technology effort that complements the integrated flight
experiment. That effort shall include the following:
(1) Research and development on advanced technologies that
will not be demonstrated on the integrated flight experiment but
may be necessary for an objective system.
(2) Architecture studies to assess alternative constellation
and system performance characteristics.
(3) Planning for the development of a space-based laser
prototype that--
(A) uses the lessons learned from the integrated
flight experiment; and
(B) is supported by the ongoing research and
development under paragraph (1), the architecture
studies under paragraph (2), and other relevant advanced
technology research and development.
(g) Funds Available for Objective System Design During Fiscal Year
2000.--During fiscal year 2000, the Secretary of the Air Force may use
amounts made available for the integrated flight experiment under
subsection (d) for the purpose of supporting the effort specified in
subsection (f) if the Secretary of the Air Force first--
[[Page 113 STAT. 548]]
(1) determines that such amounts are needed for that
purpose;
(2) develops a specific spending plan for such amounts; and
(3) consults with the congressional defense committees
regarding such plan.
(h) Annual <<NOTE: Deadline.>> Report.--For each year in the three-
year period beginning with the year 2000, the Secretary of Defense
shall, not later than March 15 of that year, submit to the congressional
defense committees a report on the space-based laser program. Each such
report shall include the following:
(1) The program baseline for the integrated flight
experiment.
(2) Any changes in that program baseline.
(3) A description of the activities of the space-based laser
program in the preceding year.
(4) A description of the activities of the space-based laser
program planned for the next fiscal year.
(5) The funding planned for the space-based laser program
throughout the future-years defense program.
SEC. 235. CRITERIA FOR PROGRESSION OF AIRBORNE LASER PROGRAM.
(a) Modification of PDRR Aircraft.--No modification of the PDRR
aircraft may commence until the Secretary of the Air Force certifies to
Congress that the commencement of such modification is justified on the
basis of existing test data and analyses involving the following
activities:
(1) The North Oscura Peak test program.
(2) Scintillometry data collection and analysis.
(3) The lethality/vulnerability program.
(4) The countermeasures test and analysis effort.
(5) Reduction and analysis of atmospheric data for fiscal
years 1997 and 1998.
(b) Acquisition of EMD Aircraft and Flight Test of PDRR Aircraft.--
In carrying out the Airborne Laser program, the Secretary of Defense
shall ensure that the Authority-to-Proceed-2 decision is not made until
the Secretary of Defense--
(1) ensures that the Secretary of the Air Force has
developed an appropriate plan for resolving the technical
challenges identified in the Airborne Laser Program Assessment;
(2) approves that plan; and
(3) submits that plan to the congressional defense
committees.
(c) Entry Into EMD Phase.--The Secretary of Defense shall ensure
that the Milestone II decision is not made until--
(1) the PDRR aircraft undergoes a robust series of flight
tests that validates the technical maturity of the Airborne
Laser program and provides sufficient information regarding the
performance of the Airborne Laser system; and
(2) sufficient technical information is available to
determine whether adequate progress is being made in the ongoing
effort to address the operational issues identified in the
Airborne Laser Program Assessment.
(d) Modification of EMD Aircraft.--The Secretary of the Air Force
may not commence any modification of the EMD aircraft until the
Milestone II decision is made.
[[Page 113 STAT. 549]]
(e) Definitions.--In this section:
(1) The term ``PDRR aircraft'' means the aircraft relating
to the program definition and risk reduction phase of the
Airborne Laser program.
(2) The term ``EMD aircraft'' means the aircraft relating to
the engineering and manufacturing development phase of the
Airborne Laser program.
(3) The term ``Authority-to-Proceed-2 decision'' means the
decision allowing acquisition of the EMD aircraft and flight
testing of the PDRR aircraft.
(4) The term ``Milestone II decision'' means the decision
allowing the entry of the Airborne Laser program into the
engineering and manufacturing development phase.
(5) The term ``Airborne Laser Program Assessment'' means the
report titled ``Assessment of Technical and Operational Aspects
of the Airborne Laser Program'', submitted to Congress by the
Secretary of Defense on March 9, 1999.
SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEFENSE
TECHNOLOGY FUNDING.
It is the sense of Congress that--
(1) because technology development provides the basis for
future weapon systems, it is important to maintain a healthy
balance between funding for the development of technology for
ballistic missile defense systems and funding for the
acquisition of ballistic missile defense systems;
(2) funding planned within the future-years defense program
of the Department of Defense should be sufficient to support the
development of technology for future and follow-on ballistic
missile defense systems while simultaneously supporting the
acquisition of ballistic missile defense systems; and
(3) the Secretary of Defense should seek to ensure that
funding in the future-years defense program is adequate both for
the development of technology for advanced ballistic missile
defense systems and for the major existing programs for the
acquisition of ballistic missile defense systems.
SEC. 237. <<NOTE: Deadline.>> REPORT ON NATIONAL MISSILE DEFENSE.
Not later than March 15, 2000, the Secretary of Defense shall submit
to Congress the Secretary's assessment of the advantages or
disadvantages of a two-site deployment of a ground-based National
Missile Defense system, with special reference to considerations of the
world-wide ballistic missile threat, defensive coverage, redundancy and
survivability, and economies of scale.
Subtitle D--Research and Development for Long-Term Military Capabilities
SEC. 241. QUADRENNIAL REPORT ON EMERGING OPERATIONAL CONCEPTS.
(a) In General.--(1) Chapter 23 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 486. Quadrennial report on emerging operational concepts
``(a) Quadrennial <<NOTE: Deadline.>> Report Required.--Not later
than March 1 of each year evenly divisible by four, the Secretary of
Defense
[[Page 113 STAT. 550]]
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
emerging operational concepts. Each such report shall be prepared by the
Secretary in consultation with the Chairman of the Joint Chiefs of
Staff.
``(b) Content of Report Relating to DoD Processes.--Each such report
shall contain a description, for the four years preceding the year in
which the report is submitted, of the following:
``(1) The process undertaken in the Department of Defense,
and in each of the Army, Navy, Air Force, and Marine Corps, to
define and develop doctrine, operational concepts,
organizational concepts, and acquisition strategies to address--
``(A) the potential of emerging technologies for
significantly improving the operational effectiveness of
the armed forces;
``(B) changes in the international order that may
necessitate changes in the operational capabilities of
the armed forces;
``(C) emerging capabilities of potential adversary
states; and
``(D) changes in defense budget projections.
``(2) The manner in which the processes described in
paragraph (1) are harmonized to ensure that there is a
sufficient consideration of the development of joint doctrine,
operational concepts, and acquisition strategies.
``(3) The manner in which the processes described in
paragraph (1) are coordinated through the Joint Requirements
Oversight Council and reflected in the planning, programming,
and budgeting process of the Department of Defense.
``(c) Content of Report Relating to Identification of Technological
Objectives for Research and Development.--Each report under this section
shall set forth the military capabilities that are necessary for meeting
national security requirements over the next two to three decades,
including--
``(1) the most significant strategic and operational
capabilities (including both armed force-specific and joint
capabilities) that are necessary for the armed forces to prevail
against the most dangerous threats, including asymmetrical
threats, that could be posed to the national security interests
of the United States by potential adversaries from 20 to 30
years in the future;
``(2) the key characteristics and capabilities of future
military systems (including both armed force-specific and joint
systems) that will be needed to meet each such threat; and
``(3) the most significant research and development
challenges that must be met, and the technological breakthroughs
that must be made, to develop and field such systems.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``486. Quadrennial report on emerging operational concepts.''.
(b) Conforming Repeal.--Section 1042 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2642; 10 U.S.C. 113 note) is repealed.
[[Page 113 STAT. 551]]
SEC. 242. TECHNOLOGY AREA REVIEW AND ASSESSMENT.
Section 270(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2469; 10 U.S.C. 2501 note) is
amended to read as follows:
``(b) Technology Area Review and Assessment.--With the submission of
the plan under subsection (a) each year, the Secretary shall also submit
to the committees referred to in that subsection a summary of each
technology area review and assessment conducted by the Department of
Defense in support of that plan.''.
SEC. 243. REPORT <<NOTE: 10 USC 2501 note.>> BY UNDER SECRETARY OF
DEFENSE FOR ACQUISITION, TECHNOLOGY, AND
LOGISTICS.
(a) Requirement.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the congressional defense
committees a report on the actions that are necessary to promote the
research base and technological development that will be needed for
ensuring that the Armed Forces have the military capabilities that are
necessary for meeting national security requirements over the next two
to three decades.
(b) Content.--The report shall include the actions that have been
taken or are planned to be taken within the Department of Defense to
ensure that--
(1) the Department of Defense laboratories place an
appropriate emphasis on revolutionary changes in military
operations and the new technologies that will be necessary to
support those operations;
(2) the Department helps sustain a high-quality national
research base that includes organizations attuned to the needs
of the Department, the fostering and creation of revolutionary
technologies useful to the Department, and the capability to
identify opportunities for new military capabilities in emerging
scientific knowledge;
(3) the Department can identify, provide appropriate funding
for, and ensure the coordinated development of joint
technologies that will serve the needs of more than one of the
Armed Forces;
(4) the Department can identify militarily relevant
technologies that are developed in the private sector, rapidly
incorporate those technologies into defense systems, and
effectively utilize technology transfer processes;
(5) the Department can effectively and efficiently manage
the transition of new technologies from the applied research and
advanced technological development stage through the product
development stage in a manner that ensures that maximum
advantage is obtained from advances in technology; and
(6) the Department's educational institutions for the
officers of the uniformed services incorporate into their
officer education and training programs, as appropriate,
materials necessary to ensure that the officers have the
familiarity with the processes, advances, and opportunities in
technology development that is necessary for making decisions
that ensure the superiority of United States defense technology
in the future.
[[Page 113 STAT. 552]]
SEC. 244. DARPA PROGRAM FOR AWARD OF COMPETITIVE PRIZES TO
ENCOURAGE DEVELOPMENT OF ADVANCED
TECHNOLOGIES.
(a) Authority.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2374 the following new section:
``Sec. 2374a. Prizes for advanced technology achievements
``(a) Authority.--The Secretary of Defense, acting through the
Director of the Defense Advanced Research Projects Agency, may carry out
a program to award cash prizes in recognition of outstanding
achievements in basic, advanced, and applied research, technology
development, and prototype development that have the potential for
application to the performance of the military missions of the
Department of Defense.
``(b) Competition Requirements.--The program under subsection (a)
shall use a competitive process for the selection of recipients of cash
prizes. The process shall include the widely-advertised solicitation of
submissions of research results, technology developments, and
prototypes.
``(c) Limitations.--(1) The total amount made available for award of
cash prizes in a fiscal year may not exceed $10,000,000.
``(2) No prize competition may result in the award of more than
$1,000,000 in cash prizes without the approval of the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
``(d) Relationship to Other Authority.--The program under subsection
(a) may be carried out in conjunction with or in addition to the
exercise of any other authority of the Director to acquire, support, or
stimulate basic, advanced and applied research, technology development,
or prototype projects.
``(e) Annual Report.--Promptly after the end of each fiscal year,
the Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the administration
of the program for that fiscal year. The report shall include the
following:
``(1) The military applications of the research, technology,
or prototypes for which prizes were awarded.
``(2) The total amount of the prizes awarded.
``(3) The methods used for solicitation and evaluation of
submissions, together with an assessment of the effectiveness of
those methods.
``(f) Period <<NOTE: Termination date.>> of Authority.--The
authority to award prizes under subsection (a) shall terminate at the
end of September 30, 2003.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2374 the following new item:
``2374a. Prizes for advanced technology achievements.''.
SEC. 245. ADDITIONAL <<NOTE: 10 USC 2358 note.>> PILOT PROGRAM FOR
REVITALIZING DEPARTMENT OF DEFENSE
LABORATORIES.
(a) Authority.--(1) The Secretary of Defense may carry out a pilot
program to demonstrate improved efficiency in the performance of
research, development, test, and evaluation functions of the Department
of Defense. The pilot program under this section is in addition to, but
may be carried out in conjunction with, the pilot program authorized by
section 246 of the Strom Thurmond
[[Page 113 STAT. 553]]
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 1955; 10 U.S.C. 2358 note).
(2) Under the pilot program, the Secretary of Defense shall provide
the director of one science and technology laboratory, and the director
of one test and evaluation laboratory, of each military department with
authority for the following:
(A) To ensure that the laboratories selected can attract a
workforce appropriately balanced between permanent and temporary
personnel and among workers with an appropriate level of skills
and experience and that those laboratories can effectively
compete in hiring to obtain the finest scientific talent.
(B) To develop or expand innovative methods of operation
that provide more defense research for each dollar of cost,
including carrying out initiatives such as focusing on the
performance of core functions and adopting more business-like
practices.
(C) To waive any restrictions not required by law that apply
to the demonstration and implementation of methods for achieving
the objectives set forth in subparagraphs (A) and (B).
(3) In selecting the laboratories for participation in the pilot
program, the Secretary shall consider laboratories where innovative
management techniques have been demonstrated, particularly as documented
under sections 1115 through 1119 of title 31, United States Code,
relating to Government agency performance and results.
(4) The Secretary may carry out the pilot program at each selected
laboratory for a period of three years beginning not later than March 1,
2000.
(b) Reports.--(1) <<NOTE: Deadline.>> Not later than March 1, 2000,
the Secretary of Defense shall submit to Congress a report on the
implementation of the pilot program. The report shall include the
following:
(A) Each laboratory selected for the pilot program.
(B) To the extent possible, a description of the innovative
concepts that are to be tested at each laboratory.
(C) The criteria to be used for measuring the success of
each concept to be tested.
(2) Promptly after the expiration of the period for participation of
a laboratory in the pilot program, the Secretary of Defense shall submit
to Congress a final report on the participation of that laboratory in
the pilot program. The report shall include the following:
(A) A description of the concepts tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary
recommends on the basis of the experience at that laboratory
under the pilot program.
[[Page 113 STAT. 554]]
Subtitle E--Other Matters
SEC. 251. DEVELOPMENT OF DEPARTMENT OF DEFENSE LASER MASTER PLAN
AND EXECUTION OF SOLID STATE LASER
PROGRAM.
(a) Master Plan Required.--The Secretary of Defense shall develop a
unified plan of the Department of Defense to develop laser technology
for potential weapons applications (in this section referred to as the
``laser master plan''). In developing the plan, the Secretary shall
consult with the Secretary of Energy and the Secretaries of the military
departments.
(b) Contents of Laser Master Plan.--The laser master plan shall
include the following:
(1) Identification of potential weapons applications of
chemical, solid state, and other lasers.
(2) Identification of critical technologies and
manufacturing capabilities required to achieve such weapons
applications.
(3) A development path for those critical technologies and
manufacturing capabilities.
(4) Identification of the funding required in future fiscal
years to carry out the laser master plan.
(5) Identification of unfunded requirements in the laser
master plan.
(6) An appropriate management and oversight structure to
carry out the laser master plan.
(c) Report.--Not <<NOTE: Deadline.>> later than March 15, 2000, the
Secretary of Defense shall submit to the congressional defense
committees a report containing the laser master plan.
(d) Recommendations for Executive Agent for Solid State Laser
Programs.--Upon the completion of the laser master plan, the Secretary
of Defense shall submit to the congressional defense committees the
recommendations of the Secretary as to the establishment of an executive
agent to coordinate, implement, and oversee the execution of the
elements of the laser master plan that relate to solid state lasers.
(e) Development and Demonstration of Solid State Laser Technology.--
The Secretary of the Army shall--
(1) <<NOTE: Deadline.>> initiate, not later than November 1,
1999, or 30 days after the date of the enactment of this Act,
whichever is later, a development program for solid state laser
technologies; and
(2) demonstrate solid state laser technology consistent with
the objectives of the technical partnership between the United
States Army Space and Missile Defense Command and the Lawrence
Livermore National Laboratory, Livermore, California, with a
goal of achieving a solid state laser of 100 kilowatt average
power.
(f) Funding.--From amounts available pursuant to section 201(1),
$20,000,000 shall be available to carry out the activities specified in
subsection (e).
SEC. 252. REPORT ON AIR FORCE DISTRIBUTED MISSION TRAINING.
(a) Requirement.--The <<NOTE: Deadline.>> Secretary of the Air Force
shall submit to Congress, not later than January 31, 2000, a report on
the Air Force Distributed Mission Training program.
(b) Content of Report.--The report shall include a discussion of the
following:
[[Page 113 STAT. 555]]
(1) The progress that the Air Force has made to demonstrate
and prove the Air Force Distributed Mission Training concept of
linking geographically separated, high-fidelity simulators to
provide a mission rehearsal capability for Air Force units, and
any units of any of the other Armed Forces as may be necessary,
to train together from their home stations.
(2) The actions that have been taken or are planned to be
taken within the Department of the Air Force to ensure that--
(A) an independent study of all requirements,
technologies, and acquisition strategies essential to
the formulation of a sound Distributed Mission Training
program is under way; and
(B) all Air Force laboratories and other Air Force
facilities necessary to the research, development,
testing, and evaluation of the Distributed Mission
Training program have been assessed regarding the
availability of the necessary resources to demonstrate
and prove the Air Force Distributed Mission Training
concept.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Transfer to Defense Working Capital Funds to support Defense
Commissary Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Armed Forces Emergency Services.
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne
Division.
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program.
Sec. 314. Contributions for Spirit of Hope endowment fund of United
Service Organizations, Incorporated.
Subtitle C--Environmental Provisions
Sec. 321. Extension of limitation on payment of fines and penalties
using funds in environmental restoration accounts.
Sec. 322. Modification of requirements for annual reports on
environmental compliance activities.
Sec. 323. Defense environmental technology program and investment
control process for environmental technologies.
Sec. 324. Modification of membership of Strategic Environmental Research
and Development Program Council.
Sec. 325. Extension of pilot program for sale of air pollution emission
reduction incentives.
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum
Superfund Site, Fresno, California.
Sec. 327. Payment of stipulated penalties assessed under CERCLA in
connection with F.E. Warren Air Force Base, Wyoming.
Sec. 328. Remediation of asbestos and lead-based paint.
Sec. 329. Release of information to foreign countries regarding any
environmental contamination at former United States military
installations in those countries.
Sec. 330. Toussaint River ordnance mitigation study.
Subtitle D--Depot-Level Activities
Sec. 331. Sales of articles and services of defense industrial
facilities to purchasers outside the Department of Defense.
Sec. 332. Contracting authority for defense working capital funded
industrial facilities.
[[Page 113 STAT. 556]]
Sec. 333. Annual reports on expenditures for performance of depot-level
maintenance and repair workloads by public and private
sectors.
Sec. 334. Applicability of competition requirement in contracting out
workloads performed by depot-level activities of Department
of Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for
performance of depot-level maintenance and repair workloads
formerly performed at certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract
for depot-level maintenance and repair is entered into.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 341. Reduced threshold for consideration of effect on local
community of changing defense functions to private sector
performance.
Sec. 342. Congressional notification of A-76 cost comparison waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide
services to Department of Defense.
Sec. 344. Evaluation of Total System Performance Responsibility Program.
Sec. 345. Sense of Congress regarding process for modernization of army
computer services.
Subtitle F--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 352. Unified school boards for all Department of Defense domestic
dependent schools in the Commonwealth of Puerto Rico and
Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents' Education Act of
1978.
Subtitle G--Military Readiness Issues
Sec. 361. Independent study of military readiness reporting system.
Sec. 362. Independent study of Department of Defense secondary inventory
and parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department
restructured sustainment and reengineered logistics product
support practices.
Sec. 365. Comptroller General review of real property maintenance and
its effect on readiness.
Sec. 366. Establishment of logistics standards for sustained military
operations.
Subtitle H--Information Technology Issues
Sec. 371. Discretionary authority to install telecommunication equipment
for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated
teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of Defense.
Sec. 374. Report on Defense use of Smart Card as PKI authentication
device carrier.
Subtitle I--Other Matters
Sec. 381. Authority to lend or donate obsolete or condemned rifles for
funeral and other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United
States Soldiers' and Airmen's Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States
Soldiers' and Airmen's Home.
Sec. 385. Treatment of Alaska, Hawaii, and Guam in Defense household
goods moving programs.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2000
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
[[Page 113 STAT. 557]]
(1) For the Army, $18,922,494,000.
(2) For the Navy, $22,641,515,000.
(3) For the Marine Corps, $2,724,529,000 .
(4) For the Air Force, $20,961,458,000.
(5) For Defense-wide activities, $11,496,633,000.
(6) For the Army Reserve, $1,441,213,000.
(7) For the Naval Reserve, $937,647,000.
(8) For the Marine Corps Reserve, $135,766,000.
(9) For the Air Force Reserve, $1,750,937,000.
(10) For the Army National Guard, $3,113,684,000.
(11) For the Air National Guard, $3,168,518,000.
(12) For the Defense Inspector General, $138,744,000.
(13) For the United States Court of Appeals for the Armed
Forces, $7,621,000.
(14) For Environmental Restoration, Army, $378,170,000.
(15) For Environmental Restoration, Navy, $284,000,000.
(16) For Environmental Restoration, Air Force, $376,800,000.
(17) For Environmental Restoration, Defense-wide,
$25,370,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $239,214,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $55,800,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $803,500,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(22) For Defense Health Program, $10,482,687,000.
(23) For Cooperative Threat Reduction programs,
$475,500,000.
(24) For Overseas Contingency Operations Transfer Fund,
$1,879,600,000.
(25) For quality of life enhancements, $1,845,370,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2000
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $90,344,000.
(2) For the National Defense Sealift Fund, $434,700,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2000
from the Armed Forces Retirement Home Trust Fund the sum of $68,295,000
for the operation of the Armed Forces 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.
[[Page 113 STAT. 558]]
(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 transfer
requirements of this section are in addition to the transfer authority
provided in section 1001.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. ARMED FORCES EMERGENCY SERVICES.
Of the amount authorized to be appropriated by section 301(5) for
operation and maintenance for Defense-wide activities,
[[Page 113 STAT. 559]]
$23,000,000 shall be made available to the American Red Cross to fund
the Armed Forces Emergency Services.
SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS OF THE 82ND
AIRBORNE DIVISION.
Of the amount authorized to be appropriated by section 301(1) for
operation and maintenance for the Army, such funds as may be necessary,
but not to exceed $5,500,000, shall be available to the Secretary of the
Army for the purpose of replacing nonsecure tactical radios used by the
82nd Airborne Division with radios, such as models AN/PRC-138 and AN/
PRC-148, identified as being capable of fulfilling mission requirements.
SEC. 313. LARGE MEDIUM-SPEED ROLL-ON/ROLL-OFF (LMSR) PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the large medium-speed roll-on/roll-off (LMSR) ship to be
designated T-AKR 307 or T-AKR 317, subject to the availability of
appropriations for that purpose.
(b) Amount Authorized.--Of the amount authorized to be appropriated
under section 302(2) for fiscal year 2000 that is provided for the
National Defense Sealift Fund, $80,000,000 is available for the advance
procurement and advance construction of components for the LMSR program
referred to in subsection (a). The Secretary of the Navy may enter into
a contract or contracts with the shipbuilder and other entities for the
advance procurement and advance construction of those components.
SEC. 314. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOWMENT FUND OF
UNITED SERVICE ORGANIZATIONS,
INCORPORATED.
(a) Grants Authorized.--Subject to subsection (c), the 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 <<NOTE: Certification.>> 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).
[[Page 113 STAT. 560]]
Subtitle C--Environmental Provisions
SEC. 321. EXTENSION OF LIMITATION ON PAYMENT OF FINES AND
PENALTIES USING FUNDS IN ENVIRONMENTAL
RESTORATION ACCOUNTS.
Section 2703(e) of title 10, United States Code, is amended by
striking ``through 1999,'' both places it appears and inserting
``through 2010,''.
SEC. 322. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORTS ON
ENVIRONMENTAL COMPLIANCE ACTIVITIES.
(a) Modification of Requirements.--Subsection (b) of section 2706 of
title 10, United States Code, is amended to read as follows:
``(b) Report <<NOTE: Deadline.>> on Environmental Quality Programs
and Other Environmental Activities.--(1) The Secretary of Defense shall
submit to Congress each year, not later than 45 days after the date on
which the President submits to Congress the budget for a fiscal year, a
report on the progress made in carrying out activities under the
environmental quality programs of the Department of Defense and the
military departments.
``(2) Each report shall include the following:
``(A) A description of the environmental quality program of
the Department of Defense, and of each of the military
departments, during the period consisting of the four fiscal
years preceding the fiscal year in which the report is
submitted, the fiscal year in which the report is submitted, and
the fiscal year following the fiscal year in which the report is
submitted.
``(B) For each of the major activities under the
environmental quality programs:
``(i) A specification of the amount expended, or
proposed to be expended, in each fiscal year of the
period covered by the report.
``(ii) An explanation for any significant change in
the aggregate amount to be expended in the fiscal year
in which the report is submitted, and in the following
fiscal year, when compared with the fiscal year
preceding each such fiscal year.
``(iii) An assessment of the manner in which the
scope of the activities have changed over the course of
the period covered by the report.
``(C) A summary of the major achievements of the
environmental quality programs and of any major problems with
the programs.
``(D) A list of the planned or ongoing projects necessary to
support the environmental quality programs during the period
covered by the report, the cost of which has exceeded or is
anticipated to exceed $1,500,000. The list and accompanying
material shall include the following:
``(i) A separate listing of the projects inside the
United States and of the projects outside the United
States.
``(ii) For each project commenced during the first
four fiscal years of the period covered by the report
(other than a project that was reported as fully
executed in the report for a previous fiscal year), a
description of--
``(I) the amount specified in the initial
budget request for the project;
[[Page 113 STAT. 561]]
``(II) the aggregate amount allocated to the
project through the fiscal year preceding the
fiscal year for which the report is submitted; and
``(III) the aggregate amount obligated for the
project through that fiscal year.
``(iii) For each project commenced or to be
commenced in the fiscal year in which the report is
submitted, a description of--
``(I) the amount specified for the project in
the budget for the fiscal year; and
``(II) the amount allocated to the project in
the fiscal year.
``(iv) For each project to be commenced in the last
fiscal year of the period, a description of the amount,
if any, specified for the project in the budget for the
fiscal year.
``(v) If the anticipated aggregate cost of any
project covered by the report will exceed by more than
25 percent the amount specified in the initial budget
request for such project, a justification for that
variance.
``(E) A statement of the fines and penalties imposed or
assessed against the Department of Defense and the military
departments under Federal, State, or local environmental laws
during the fiscal year in which the report is submitted and the
four preceding fiscal years, which shall set forth the
following:
``(i) Each Federal environmental statute under which
a fine or penalty was imposed or assessed during each
such fiscal year.
``(ii) With respect to each such Federal statute--
``(I) the aggregate amount of fines and
penalties imposed under the statute during each
such fiscal year;
``(II) the aggregate amount of fines and
penalties paid under the statute during each such
fiscal year; and
``(III) the total amount required during such
fiscal years for supplemental environmental
projects in lieu of the payment of a fine or
penalty under the statute and the extent to which
the cost of such projects during such fiscal years
has exceeded the original amount of the fine or
penalty.
``(iii) A trend analysis of fines and penalties
imposed or assessed during each such fiscal year for
military installations inside and outside the United
States.
``(F) A statement of the amounts expended, and anticipated
to be expended, during the period covered by the report for any
activities overseas relating to the environment, including
amounts for activities relating to environmental remediation,
compliance, conservation, pollution prevention, and
environmental technology and amounts for conferences, meetings,
and studies for pilot programs, and for travel related to such
activities.''.
(b) Conforming Repeal.--Such section is further amended by striking
subsection (d).
(c) Definitions.--Subsection (e) of such section is amended by
adding at the end the following new paragraphs:
[[Page 113 STAT. 562]]
``(4) The term `environmental quality program' means a
program of activities relating to environmental compliance,
conservation, pollution prevention, and such other activities
relating to environmental quality as the Secretary concerned may
designate for purposes of the program.
``(5) The term `major activities', with respect to an
environmental quality program, means the following activities
under the program:
``(A) Environmental compliance activities.
``(B) Conservation activities.
``(C) Pollution prevention activities.''.
SEC. 323. DEFENSE <<NOTE: Public information. 10 USC 2709
note.>> ENVIRONMENTAL TECHNOLOGY PROGRAM
AND INVESTMENT CONTROL PROCESS FOR
ENVIRONMENTAL TECHNOLOGIES.
(a) Purposes.--The purposes of this section are--
(1) to hold the Department of Defense and the military
departments accountable for achieving performance-based results
in the management of environmental technology by providing a
connection between program direction and the achievement of
specific performance-based results;
(2) to assure the identification of end-user requirements
for environmental technology within the military departments;
(3) to assure results, quality of effort, and appropriate
levels of service and support for end-users of environmental
technology within the military departments; and
(4) to promote improvement in the performance of
environmental technologies by establishing objectives for
environmental technology programs, measuring performance against
such objectives, and making public reports on the progress made
in such performance.
(b) Investment Control Process.--(1) Chapter 160 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2709. Investment control process for environmental
technologies
``(a) Investment Control Process.--The Secretary of Defense shall
ensure that the technology planning process developed to implement
section 2501 of this title and section 270(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2469) provides for an investment control process for the selection,
prioritization, management, and evaluation of environmental technologies
by the Department of Defense, the military departments, and the Defense
Agencies.
``(b) Planning and Evaluation.--The environmental technology
investment control process required by subsection (a) shall provide, at
a minimum, for the following:
``(1) The active participation by end-users of environmental
technology, including the officials responsible for the
environmental security programs of the Department of Defense and
the military departments, in the selection and prioritization of
environmental technologies.
``(2) The development of measurable performance goals and
objectives for the management and development of environmental
technologies and specific mechanisms for assuring the
achievement of the goals and objectives.
[[Page 113 STAT. 563]]
``(3) Annual performance reviews to determine whether the
goals and objectives have been achieved and to take appropriate
action in the event that they are not achieved.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2709. Investment control process for environmental technologies.''.
(c) Annual Report.--(1) Section 2706 of such title, as amended by
322(b), is further amended by inserting after subsection (c) the
following new subsection:
``(d) Report <<NOTE: Deadline.>> on Environmental Technology
Program.--(1) The Secretary of Defense shall submit to Congress each
year, not later than 45 days after the date on which the President
submits to Congress the budget for a fiscal year, a report on the
progress made by the Department of Defense in achieving the objectives
and goals of its environmental technology program during the preceding
fiscal year and an overall trend analysis for the program covering the
previous four fiscal years.
``(2) Each such report shall include, with respect to each project
under the environmental technology program of the Department of Defense,
the following:
``(A) The performance objectives established for the project
for the fiscal year and an assessment of the performance
achieved with respect to the project in light of performance
indicators for the project.
``(B) A description of the extent to which the project met
the performance objectives established for the project for the
fiscal year.
``(C) If a project did not meet the performance objectives
for the project for the fiscal year--
``(i) an explanation for the failure of the project
to meet the performance objectives; and
``(ii) a modified schedule for meeting the
performance objectives or, if a performance objective is
determined to be impracticable or infeasible to meet, a
statement of alternative actions to be taken with
respect to the project.''.
(2) <<NOTE: 10 USC 2706 note.>> The Secretary of Defense shall
include in the first report submitted under section 2706(d) of title 10,
United States Code, as added by this subsection, a description of the
steps taken by the Secretary to ensure that the environmental technology
investment control process for the Department of Defense satisfies the
requirements of section 2709 of such title, as added by subsection (b).
SEC. 324. MODIFICATION OF MEMBERSHIP OF STRATEGIC ENVIRONMENTAL
RESEARCH AND DEVELOPMENT PROGRAM COUNCIL.
Section 2902(b)(1) of title 10, United States Code, is amended by
striking ``Director of Defense Research and Engineering'' and inserting
``Deputy Under Secretary of Defense for Science and Technology''.
SEC. 325. EXTENSION OF PILOT PROGRAM FOR SALE OF AIR POLLUTION
EMISSION REDUCTION INCENTIVES.
Section 351(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1692; 10 U.S.C. 2701 note) is
amended by striking paragraph (2) and inserting the following new
paragraph:
[[Page 113 STAT. 564]]
``(2) The Secretary may not carry out the pilot program after
September 30, 2001.''.
SEC. 326. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH
FRESNO DRUM SUPERFUND SITE, FRESNO,
CALIFORNIA.
(a) Authority.--The Secretary of Defense may pay, using funds
described in subsection (b), to the Fresno Drum Special Account within
the Hazardous Substance Superfund established by section 9507 of the
Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the
Environmental Protection Agency for costs incurred by the Agency for
actions taken under CERCLA at the Fresno Industrial Supply, Inc., site
in Fresno, California, the following amounts:
(1) Not more than $778,425 for past response costs incurred
by the Agency.
(2) The amount of the costs identified as ``interest'' costs
pursuant to the agreement known as the ``CERCLA Section
122(h)(1) Agreement for Payment of Future Response Costs and
Recovery of Past Response Costs In the Matter of: Fresno
Industrial Supply Inc. Site, Fresno, California'' that was
entered into by the Department of Defense and the Environmental
Protection Agency on May 22, 1998.
(b) Source of Funds for Payment.--(1) Subject to paragraph (2), any
payment under subsection (a) shall be made using the following amounts:
(A) Amounts authorized to be appropriated by section 301 to
the Environmental Restoration Account, Defense, established by
section 2703(a)(1) of title 10, United States Code.
(B) Amounts authorized to be appropriated by section 301 to
the Environmental Restoration Account, Army, established by
section 2703(a)(2) of such title.
(C) Amounts authorized to be appropriated by section 301 to
the Environmental Restoration Account, Navy, established by
section 2703(a)(3) of such title.
(D) Amounts authorized to be appropriated by section 301 to
the Environmental Restoration Account, Air Force, established by
section 2703(a)(4) of such title.
(2) The portion of a payment under paragraph (1) that is derived
from any account referred to in such paragraph shall bear the same ratio
to the total amount of such payment as the amount of the hazardous
substances at the Fresno Industrial Supply, Inc., site that are
attributable to the department concerned bears to the total amount of
the hazardous substances at that site.
(c) CERCLA Defined.--In this section, the term ``CERCLA'' means the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
SEC. 327. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER CERCLA IN
CONNECTION WITH F.E. WARREN AIR FORCE
BASE, WYOMING.
(a) Authority.--The Secretary of the Air Force may pay, using funds
described in subsection (b), not more than $20,000 as payment of
stipulated civil penalties assessed on January 13, 1998, against F.E.
Warren Air Force Base, Wyoming, under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
[[Page 113 STAT. 565]]
(b) Source of Funds for Payment.--Any payment under subsection (a)
shall be made using amounts authorized to be appropriated by section 301
to the Environmental Restoration Account, Air Force, established by
section 2703(a)(4) of title 10, United States Code.
SEC. 328. REMEDIATION OF ASBESTOS AND LEAD-BASED PAINT.
(a) Use of Existing Contract Vehicles.--The Secretary of Defense
shall give appropriate consideration to existing contract vehicles,
including Army Corps of Engineers indefinite delivery, indefinite
quantity contracts, to provide for the remediation of asbestos and lead-
based paint at military installations within the United States.
(b) Selection.--The Secretary of Defense shall select the most cost-
effective contract vehicle in accordance with all applicable Federal and
State laws and Department of Defense regulations.
SEC. 329. RELEASE OF INFORMATION TO FOREIGN COUNTRIES REGARDING
ANY ENVIRONMENTAL CONTAMINATION AT FORMER
UNITED STATES MILITARY INSTALLATIONS IN
THOSE COUNTRIES.
(a) Response to Request for Information.--Except as provided in
subsection (b), upon request by the government of a foreign country from
which United States Armed Forces were withdrawn in 1992, the Secretary
of Defense shall--
(1) release to that government available information
relevant to the ability of that government to determine the
nature and extent of environmental contamination, if any, at a
site in that foreign country where the United States operated a
military base, installation, or facility before the withdrawal
of the United States Armed Forces in 1992; or
(2) report to Congress on the nature of the information
requested and the reasons why the information is not being
released.
(b) Limitation on Release.--Subsection (a)(1) does not apply to--
(1) any information request described in such subsection
that is received by the Secretary of Defense after the end of
the one-year period beginning on the date of the enactment of
this Act;
(2) any information that the Secretary determines has been
previously provided to the foreign government; and
(3) any information that the Secretary of Defense believes
could adversely affect United States national security.
(c) Liability of the United States.--The requirement to provide
information under subsection (a)(1) may not be construed to establish on
the part of the United States any liability or obligation for the costs
of environmental restoration or remediation at any site referred to in
such subsection.
SEC. 330. TOUSSAINT RIVER ORDNANCE MITIGATION STUDY.
(a) Ordnance Mitigation Study.--(1) The Secretary of Defense shall
conduct a study and is authorized to remove ordnance infiltrating the
Federal navigation channel and adjacent shorelines of the Toussaint
River in Ottawa County, Ohio.
(2) In conducting the study, the Secretary shall take into account
any information available from other studies conducted
[[Page 113 STAT. 566]]
in connection with the Federal navigation channel described in paragraph
(1).
(b) Report <<NOTE: Deadline.>> on Study Results.--(1) Not later than
April 1, 2000, the Secretary of Defense shall submit to the
congressional defense committees and the Committee on Environment and
Public Works of the Senate a report that summarizes the results of the
study conducted under subsection (a).
(2) The Secretary shall include in the report recommendations
regarding the continuation or termination of any ongoing use of Lake
Erie as an ordnance firing range, and explain any recommendation to
continue such activities. The Secretary shall conduct the evaluation and
assessment in consultation with the government of the State of Ohio and
local government entities and with appropriate Federal agencies.
(c) Limitation on Expenditures.--Not more than $800,000 may be
expended to conduct the study under subsection (a) and prepare the
report under subsection (b). However, nothing in this section is
intended to require non-Federal cost-sharing of the costs to perform the
study.
(d) Authorization.--Consistent with existing laws, and after
providing notice to Congress, the Secretary of Defense may work with the
other relevant Federal, State, local, or private entities to remove
ordnance resulting from infiltration into the Federal navigation channel
and adjacent shorelines of the Toussaint River in Ottawa County, Ohio,
using funds authorized to be appropriated for that specific purpose in
fiscal year 2000.
(e) Relation to Other Laws and Agreements.--This section is not
intended to modify any authorities provided to the Secretary of the Army
by the Water Resources Development Act of 1986 (33 U.S.C. 2201 et seq.),
nor is it intended to modify any non-Federal cost-sharing
responsibilities outlined in any local cooperation agreements.
Subtitle D--Depot-Level Activities
SEC. 331. SALES OF ARTICLES AND SERVICES OF DEFENSE INDUSTRIAL
FACILITIES TO PURCHASERS OUTSIDE THE
DEPARTMENT OF DEFENSE.
(a) Waiver of Certain Conditions.--(1) Section 2208(j) of title 10,
United States Code, is amended--
(A) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(B) by inserting ``(1)'' after ``(j)''; and
(C) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may waive the conditions in paragraph
(1) in the case of a particular sale if the Secretary determines that
the waiver is necessary for reasons of national security and notifies
Congress regarding the reasons for the waiver.''.
(2) Section 2553(c) of such title is amended--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively;
(B) by inserting ``(1)'' before ``A sale''; and
(C) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may waive the condition in paragraph
(1)(A) and subsection (a)(1) that an article or service must
[[Page 113 STAT. 567]]
be not available from a United States commercial source in the case of a
particular sale if the Secretary determines that the waiver is necessary
for reasons of national security and notifies Congress regarding the
reasons for the waiver.''.
(b) Clarification of Commercial Nonavailability.--Section 2553(g) of
such title is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
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 or within the time
required.''.
SEC. 332. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAPITAL FUNDED
INDUSTRIAL FACILITIES.
Section 2208(j)(1) of title 10, United States Code, as amended by
section 331, is further amended--
(1) in the matter preceding subparagraph (A), by striking
``or remanufacturing'' and inserting ``, remanufacturing, and
engineering'';
(2) in subparagraph (A), by inserting ``or a subcontract
under a Department of Defense contract'' before the semicolon;
and
(3) in subparagraph (B), by striking ``Department of Defense
solicitation for such contract'' and inserting ``solicitation
for the contract or subcontract''.
SEC. 333. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE AND REPAIR 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 <<NOTE: Deadlines.>> 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
[[Page 113 STAT. 568]]
``(B) in the case of a report under paragraph (2), the
expenditure projections for future fiscal years are
reasonable.''.
SEC. 334. APPLICABILITY OF COMPETITION REQUIREMENT IN 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. 335. 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 that are significantly different from the requirements used in
the performance and management of other similar or identical depot-level
maintenance and repair workloads by the entity, unless the requirements
are specifically provided in the solicitation for the contract or are
necessary to ensure compliance with the terms of the contract.''.
SEC. 336. ADDITIONAL MATTERS TO BE REPORTED BEFORE PRIME VENDOR
CONTRACT FOR DEPOT-LEVEL MAINTENANCE AND
REPAIR IS ENTERED INTO.
Section 346(a) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C.
2464 note) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) contains an analysis of the extent to which the
contract conforms to the requirements of section 2466 of title
10, United States Code; and
``(4) describes the measures taken to ensure that the
contract does not violate the core logistics policies,
requirements, and restrictions set forth in section 2464 of that
title.''.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 341. REDUCED THRESHOLD FOR CONSIDERATION OF EFFECT ON LOCAL
COMMUNITY OF CHANGING DEFENSE FUNCTIONS TO
PRIVATE SECTOR PERFORMANCE.
Section 2461(b)(3)(B)(ii) of title 10, United States Code, is
amended by striking ``75 employees'' and inserting ``50 employees''.
[[Page 113 STAT. 569]]
SEC. 342. 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) <<NOTE: Deadline. Reports.>> 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 currently performing the function to be converted to
contractor performance.
``(B) A description of the competitive procedure used to
award a contract for contractor performance of the commercial
activity.
``(C) The anticipated savings to result from the waiver and
resulting conversion to contractor performance.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``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. 343. REPORT ON USE OF EMPLOYEES OF NON-FEDERAL ENTITIES TO
PROVIDE SERVICES TO DEPARTMENT OF DEFENSE.
(a) Report <<NOTE: Deadline.>> Required.--Not later than March 1,
2001, the Secretary of Defense shall submit to Congress a report
describing the use during the previous fiscal year of non-Federal
entities to provide services to the Department of Defense.
(b) Content of Report.--To the extent practicable using information
available from existing data collection and reporting systems available
to the Department of Defense and the non-Federal entities referred to in
subsection (a), the report shall--
(1) specify the number of work year equivalents performed by
individuals employed by non-Federal entities in providing
services to the Department, including both direct and indirect
labor attributable to the provision of the services;
(2) categorize the information by Federal supply class or
service code; and
(3) indicate the appropriation from which the services were
funded and the major organizational element of the Department
procuring the services.
(c) Limitation on Requirement for Non-Federal Entities To Provide
Information.--For the purposes of meeting the requirements set forth in
subsection (b), the Secretary may not require the provision of
information beyond the information that
[[Page 113 STAT. 570]]
is currently provided to the Department by the non-Federal entities
referred to in subsection (a), except for the number of direct and
indirect work year equivalents associated with Department of Defense
contracts, identified by contract number, to the extent this information
is available to the contractor from existing data collection systems.
SEC. 344. EVALUATION OF TOTAL SYSTEM PERFORMANCE RESPONSIBILITY
PROGRAM.
(a) Report <<NOTE: Deadline.>> 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 maintenance
of core Government logistics management skills.
(3) The process and criteria used by the Air Force to
determine whether Government employees or the private sector
should perform sustainment management functions.
(c) Comptroller <<NOTE: Deadline.>> General Review.--Not later than
30 days after the date on which the report required by subsection (a) is
submitted to Congress, the Comptroller General shall review the report
and submit to Congress a briefing evaluating the report.
SEC. 345. SENSE OF CONGRESS REGARDING PROCESS FOR MODERNIZATION OF
ARMY COMPUTER SERVICES.
(a) Purpose of Modernization.--It is the sense of Congress that any
modernization of computer services (also known as the Army Wholesale
Logistics Modernization Program) of the Army Communications Electronics
Command of the Army Materiel Command to replace the systems currently
provided by the Logistics Systems Support Center in St. Louis, Missouri,
and the Industrial Logistics System Center in Chambersburg,
Pennsylvania, should have as a primary goal the sustainment of military
readiness.
(b) Use of Standard Industry Integration Practices.--It is the sense
of Congress that, in order to sustain readiness, any contract for the
modernization of the computer services referred to in subsection (a), in
addition to containing all of the requirements specified by the
Secretary of the Army, should require the use of standard industry
integration practices to provide further readiness risk mitigation.
(c) Proposed Contractor Practices.--It is the sense of Congress that
the following practices should be employed by any contractor engaged in
the modernization of the computer services referred to in subsection (a)
to ensure continued readiness:
(1) Testing practices.--Before any proposed modernization
solution is implemented, the solution should be rigorously
[[Page 113 STAT. 571]]
tested to ensure that it meets the performance requirements of
the Army and all other functional requirements. At each step in
the testing process, confirmation of successful test completion
should be required before the contractor begins the next step of
the modernization process.
(2) Implementation team.--The Secretary of the Army should
establish an implementation team to monitor efficiencies and
effectiveness of the modernization solutions.
(d) Readiness Sustainment.--It is the sense of Congress that the
following additional readiness sustainment measures should be undertaken
as part of the modernization of the computer services referred to in
subsection (a):
(1) Government oversight.--It is extremely important that
the Army Materiel Command retains sufficient in-house expertise
to ensure that readiness is not adversely affected by the
modernization efforts and to effectively oversee contractor
performance.
(2) Use of contract partnering.--The Army Materiel Command
should encourage partnerships with the contractor, with the
primary goal of providing quality contract deliverables on time
and at a reasonable price. Any such partnership agreement should
constitute a mutual commitment on how the Army Materiel Command
and the contractor will interact during the course of the
contract, with the objective of facilitating optimum contract
performance through teamwork, enhanced communications,
cooperation, and good faith performance.
Subtitle F--Defense Dependents Education
SEC. 351. 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 <<NOTE: Deadline.>> 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).
[[Page 113 STAT. 572]]
(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. 352. UNIFIED SCHOOL BOARDS FOR ALL DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT SCHOOLS IN THE
COMMONWEALTH OF PUERTO RICO AND GUAM.
Section 2164(d)(1) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``The Secretary may
provide for the establishment of one school board for all such schools
in the Commonwealth of Puerto Rico and one school board for all such
schools in Guam instead of one school board for each military
installation in those locations.''.
SEC. 353. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND
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) The
Secretary of Defense shall permit a dependent of a member of the armed
forces or a dependent of a Federal employee to continue enrollment in an
educational program provided by the Secretary pursuant to subsection (a)
for the remainder of a school year notwithstanding a change during such
school year in the status of the member or Federal employee that, except
for this paragraph, would otherwise terminate the eligibility of the
dependent to be enrolled in the program.
``(2) The Secretary may, for good cause, authorize a dependent of a
member of the armed forces or a dependent of a Federal employee to
continue enrollment in an educational program provided by the Secretary
pursuant to subsection (a) notwithstanding a change in the status of the
member or employee that, except for this paragraph, would otherwise
terminate the eligibility of the dependent to be enrolled in the
program. The enrollment may continue for as long as the Secretary
considers appropriate.
``(3) Paragraphs (1) and (2) do not limit the authority of the
Secretary to remove a dependent from enrollment in an educational
program provided by the Secretary pursuant to subsection (a) at any time
for good cause determined by the Secretary.''.
SEC. 354. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS' 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:
[[Page 113 STAT. 573]]
``administration of defense dependents' education system
``Sec. 1403. (a) The defense dependents' education system is
operated through the field activity of the Department of Defense known
as the Department of Defense Education Activity. That activity is headed
by a Director, who is a 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--
[[Page 113 STAT. 574]]
(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 G--Military Readiness Issues
SEC. 361. INDEPENDENT STUDY OF MILITARY READINESS REPORTING
SYSTEM.
(a) Independent Study Required.--(1) The Secretary of Defense shall
provide for an independent study of requirements for a comprehensive
readiness reporting system for the Department of Defense, as required by
section 117 of title 10, United States Code.
(2) The Secretary shall provide for the study to be conducted by an
organization outside the Federal Government that the Secretary considers
qualified to conduct the study. The amount of a contract for the study
may not exceed $1,000,000.
(3) The Secretary shall require that all components of the
Department of Defense cooperate fully with the organization 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 that has--
(1) the characteristics and capabilities described in
subsections (b) and (c) of section 117 of title 10, United
States Code; and
(2) any other characteristics and capabilities that the
organization determines appropriate to measure the capability
[[Page 113 STAT. 575]]
of the Armed Forces to carry out the strategies and guidance
described in subsection (a) of such section.
(c) Report.--(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
(d) Revisions to DOD Readiness Reporting System.--(1) Section 117 of
title 10, United States Code, is amended--
(A) in subsection (b)(2), by striking ``with any change''
and all that follows through ``24 hours'' and inserting ``with
(A) any change in the overall readiness status of a unit that is
required to be reported as part of the readiness reporting
system being reported within 24 hours of the event necessitating
the change in readiness status, and (B) any change in the
overall readiness status of an element of the training
establishment or an element of defense infrastructure that is
required to be reported as part of the readiness reporting
system being reported within 72 hours''; and
(B) in paragraphs (2), (3), and (5) of subsection (c), by
striking ``a quarterly'' and inserting ``an annual''.
(2) <<NOTE: 10 USC 117 note.>> Subsection (b) of section 373 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 1992) is amended by striking ``January
15, 2000'' and inserting ``April 1, 2000''.
(3) <<NOTE: 10 USC 482 and notes.>> Subsection (d) of such section
is repealed.
(e) Revised Time for Implementation of Quarterly Readiness
Reports.--Section 482(a) of title 10, United States Code, is amended by
striking ``30 days'' and inserting ``45 days''.
SEC. 362. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE 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 the General
Accounting Office, an entity in the private sector that has experience
in parts and secondary inventory management, or another entity outside
the Department of Defense that has such experience.
(c) Matters To Be Included in Study.--The Secretary of Defense shall
require the entity conducting the study under this section to
specifically evaluate the following:
(1) How much of the secondary inventory retained by the
Department of Defense for economic, contingency, and potential
reutilization during the five-year period ending December 31,
1998, was actually used during each year of the period.
[[Page 113 STAT. 576]]
(2) How much of the retained secondary inventory currently
held by the Department could be declared to be excess,
determined on the basis of standards that take into account
requirements uniquely applicable to the Department of Defense
because of its warfighting missions, such as requirements for a
war reserve of items.
(3) Alternative methods for the disposal or other
disposition of excess inventory and the cost to the Department
to dispose of excess inventory under each alternative.
(4) The total cost per year of storing secondary inventory,
to be determined using traditional private sector cost
calculation models.
(5) The adequacy of the Department's schedule and plan for
disposing of excess inventory.
(d) Report on Results of Study.--The Secretary of Defense shall
require the entity conducting the study under this section to submit to
the Secretary a report containing the results of the study, including
the entity's findings and conclusions concerning each of the matters
specified in subsection (c). The entity shall submit the report at such
time as to permit the Secretary to comply with subsection (e).
(e) Review <<NOTE: Deadline. Reports.>> 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.
SEC. 363. REPORT <<NOTE: 10 USC 2458 note.>> ON INVENTORY AND
CONTROL OF MILITARY EQUIPMENT.
(a) Report <<NOTE: Deadline.>> Required.--Not later than August 31,
2000, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
inventory and control of the military equipment of the Department of
Defense as of the end of fiscal year 1999. The report shall address the
inventories of each of the Army, Navy, Air Force, and Marine Corps
separately.
(b) Content.--The report shall include the following:
(1) For each item of military equipment in the inventory,
stated by item nomenclature--
(A) the quantity of the item in the inventory as of
the beginning of the fiscal year;
(B) the quantity of acquisitions of the item during
the fiscal year;
(C) the quantity of disposals of the item during the
fiscal year;
(D) the quantity of losses of the item during the
performance of military missions during the fiscal year;
and
(E) the quantity of the item in the inventory as of
the end of the fiscal year.
(2) A reconciliation of the quantity of each item in the
inventory as of the beginning of the fiscal year with the
quantity of the item in the inventory as of the end of the
fiscal year.
[[Page 113 STAT. 577]]
(3) For each item of military equipment that cannot be
reconciled--
(A) an explanation of why the quantities cannot be
reconciled; and
(B) a discussion of the remedial actions planned to
be taken, including target dates for accomplishing the
remedial actions.
(4) Supporting schedules identifying the location of each
item that are available to Congress or auditors of the
Comptroller General upon request.
(c) Military Equipment Defined.--For the purposes of this section,
the term ``military equipment'' means all equipment that is used in
support of military missions and is maintained on the visibility systems
of the Army, Navy, Air Force, or Marine Corps.
(d) Inspector <<NOTE: Deadline.>> General Review.--Not later than
November 30, 2000, the Inspector General of the Department of Defense
shall review the report submitted to the committees under subsection (a)
and shall submit to the committees any comments that the Inspector
General considers appropriate.
SEC. 364. COMPTROLLER GENERAL STUDY OF ADEQUACY OF DEPARTMENT
RESTRUCTURED SUSTAINMENT AND REENGINEERED
LOGISTICS PRODUCT SUPPORT PRACTICES.
(a) Study Required.--In accordance with this section, the
Comptroller General shall conduct a study of restructured sustainment
and reengineered logistics product support practices within the
Department of Defense, which are designed to provide spare parts and
other supplies to military units and installations as needed during a
transition to war fighting rather than relying on large stockpiles of
such spare parts and supplies. The purpose of the study is to determine
whether restructured sustainment and reengineered logistics product
support practices would be able to provide adequate sustainment supplies
to military units and installations should it ever be necessary to
execute the National Military Strategy prescribed by the Chairman of the
Joint Chiefs of Staff.
(b) Matters To Be Included in Study.--The Comptroller General shall
specifically evaluate (and recommend improvements in) the following:
(1) The military assumptions that are used to determine
required levels of war reserve and prepositioned stocks.
(2) The adequacy of supplies projected to be available to
support the fighting of two, nearly simultaneous, major theater
wars, as required by the National Military Strategy.
(3) The expected availability through the national
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.
(c) Report <<NOTE: Deadline.>> Required.--Not later than March 1,
2000, the Comptroller General shall submit to Congress a report
containing the results of the study. The report shall include the
Comptroller General's findings, conclusions, and recommendations
concerning each of the matters specified in subsection (b).
SEC. 365. COMPTROLLER GENERAL REVIEW OF REAL PROPERTY MAINTENANCE
AND ITS EFFECT ON READINESS.
(a) Review Required.--The Comptroller General shall conduct a review
of the impact that the consistent lack of adequate funding
[[Page 113 STAT. 578]]
for real property maintenance of military installations during the five-
year period ending December 31, 1998, has had on readiness, the quality
of life of members of the Armed Forces and their dependents, and the
infrastructure on military installations.
(b) Funding Matters To Be Reviewed.--In conducting the review under
this section, the Comptroller General shall specifically consider the
following for the Army, Navy, Marine Corps, and Air Force:
(1) For each year of the covered five-year period, the
extent to which unit training and operating funds were diverted
to meet basic base operations and real property maintenance
needs.
(2) The types of training delayed, canceled, or curtailed as
a result of the diversion of such funds.
(3) The level of funding required to eliminate the real
property maintenance backlog at military installations so that
facilities meet the standards necessary for optimum utilization
during times of mobilization.
(c) Command and Management Matters To Be Reviewed.--As part of the
review conducted under this section, the Comptroller General shall--
(1) review the method of command and management of military
installations for the Army, Navy, Marine Corps, and Air Force;
and
(2) develop, based on such review, recommendations for the
optimum command structure for military installations, to have
major command status, which are designed to enhance the
development of installations doctrine, privatization and
outsourcing, commercial activities, environmental compliance
programs, installation restoration, and military construction.
(d) Report <<NOTE: Deadline.>> Required.--Not later than March 1,
2000, the Comptroller General shall submit to Congress a report
containing the results of the review required under this section and the
optimum command structure recommended under subsection (c).
SEC. 366. ESTABLISHMENT <<NOTE: 10 USC 113 note.>> OF LOGISTICS
STANDARDS FOR SUSTAINED MILITARY
OPERATIONS.
(a) Establishment of Standards.--The Secretary of each military
department shall establish, for deployable units of each of the Armed
Forces under the jurisdiction of the Secretary, standards regarding--
(1) the level of spare parts that the units must have on
hand; and
(2) similar logistics and sustainment needs of the units.
(b) Basis for Standards.--The standards to be established for a unit
under subsection (a) shall be based upon the following:
(1) The unit's wartime mission, as reflected in the war-
fighting 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.
(c) Sufficiency Capabilities.--The standards to be established by
the Secretary of a military department under subsection (a) shall
reflect those spare parts and similar logistics capabilities
[[Page 113 STAT. 579]]
that the Secretary considers sufficient for the units of each of the
Armed Forces under the Secretary's jurisdiction to successfully execute
their missions under the conditions described in subsection (b).
(d) Relation to Readiness Reporting System.--The 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 H--Information Technology Issues
SEC. 371. DISCRETIONARY AUTHORITY TO INSTALL TELECOMMUNICATION
EQUIPMENT FOR PERSONS PERFORMING VOLUNTARY
SERVICES.
(a) Authority.--Section 1588 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(f) Authority To Install Equipment.--(1) The Secretary concerned
may install telephone lines and any necessary telecommunication
equipment in the private residences of persons, designated in accordance
with the regulations prescribed under paragraph (4), who provide
voluntary services accepted under subsection (a)(3).
``(2) In the case of equipment installed under the authority of
paragraph (1), the Secretary concerned may pay the charges incurred for
the use of the equipment for authorized purposes.
``(3) To carry out this subsection, the Secretary concerned may use
appropriated funds (notwithstanding section 1348 of title 31) or
nonappropriated funds of the military department under the jurisdiction
of the Secretary or, with respect to the Coast Guard, the department in
which the Coast Guard is operating.
``(4) <<NOTE: Regulations.>> The Secretary of Defense and, with
respect to the Coast Guard when it is not operating as a service in the
Navy, the Secretary of Transportation shall prescribe regulations to
carry out this subsection.''.
(b) Report <<NOTE: Deadline. 10 USC 1588 note.>> on
Implementation.--Not later than two years after final regulations
prescribed under subsection (f)(4) of section 1588 of title 10, United
States Code, as added by subsection (a), take effect, the Comptroller
General shall review the exercise of authority under such subsection (f)
and submit to Congress a report on the findings resulting from the
review.
[[Page 113 STAT. 580]]
SEC. 372. AUTHORITY FOR DISBURSING OFFICERS TO SUPPORT USE OF
AUTOMATED TELLER MACHINES ON NAVAL VESSELS
FOR FINANCIAL TRANSACTIONS.
Section 3342 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(f) With respect to automated teller machines on naval vessels,
the authority of a disbursing official of the United States 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. 373. USE <<NOTE: 10 USC 113 note.>> OF SMART CARD TECHNOLOGY
IN THE DEPARTMENT OF DEFENSE.
(a) Department of Navy as Lead Agency.--The Department of the Navy
shall serve as the lead agency for the development and implementation of
a Smart Card program for the Department of Defense.
(b) Cooperation of Other Military Departments.--The Department of
the Army and the Department of the Air Force shall each establish a
project office and cooperate with the Department of the Navy to develop
implementation plans for exploiting the capability of Smart Card
technology as a means for enhancing readiness and improving business
processes throughout the military departments.
(c) Senior <<NOTE: Deadlines. Establishment.>> Coordinating Group.--
(1) Not later than November 30, 1999, the Secretary of Defense shall
establish a senior coordinating group to develop and implement--
(A) Department-wide interoperability standards for use of
Smart Card technology; and
(B) a plan to exploit Smart Card technology as a means for
enhancing readiness and improving business processes.
(2) The senior coordinating group shall be chaired by a
representative of the Secretary of the Navy and shall include senior
representatives from each of the Armed Forces and such other persons as
the Secretary of Defense considers appropriate.
(3) <<NOTE: Reports.>> Not later than March 31, 2000, the Secretary
of Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report containing a detailed discussion of the progress made by the
senior coordinating group in carrying out its duties.
(d) Role of Department of Defense Chief Information Office.--The
senior coordinating group established under subsection (c) shall report
to and receive guidance from the Department of Defense Chief Information
Office.
(e) Increased Use Targeted to Certain Naval Regions.--Not later than
November 30, 1999, the Secretary of the Navy shall establish a business
plan to implement the use of Smart Cards in one major Naval region of
the continental United States that is in the area of operations of the
United States Atlantic Command and one major Naval region of the
continental United States that is in the area of operations of the
United States Pacific Command. The regions selected shall include a
major fleet concentration area. The implementation of the use of Smart
Cards in each region shall cover the Navy and Marine Corps bases and
[[Page 113 STAT. 581]]
all non-deployed units in the region. The Secretary of the Navy shall
submit the business plan to the congressional defense committees.
(f) Funding for Increased Use of Smart Cards.--Of the funds
authorized to be appropriated for the Navy by section 102(a)(4) or
301(2), the Secretary of the Navy--
(1) shall allocate such amounts as may be necessary, but not
to exceed $30,000,000, to ensure that significant progress is
made toward complete implementation of the use of Smart Card
technology in the Department of the Navy; and
(2) may allocate additional amounts for the conversion of
paper-based records to electronic media for records systems that
have been modified to use Smart Card technology.
(g) Definitions.--In this section:
(1) The term ``Smart Card'' means a credit card-size device,
normally for carrying and use by personnel, that contains one or
more integrated circuits and may also employ one or more of the
following technologies:
(A) Magnetic stripe.
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency transmitters.
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The term ``Smart Card technology'' means a Smart Card
together with all of the associated information technology
hardware and software that comprise the system for support and
operation.
(h) Repeal of Requirement for Automated Identification Technology
Office.--Section 344 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1977; 10 U.S.C. 113 note) is amended by striking subsection (b).
SEC. 374. REPORT ON DEFENSE USE OF SMART CARD AS PKI
AUTHENTICATION DEVICE CARRIER.
(a) Report <<NOTE: Deadline.>> Required.--Not later than February 1,
2000, the Secretary of Defense shall submit to Congress a report
evaluating the option of the Department of Defense using the Smart Card
as a Public-Private Key Infrastructure authentication device carrier.
The report shall include the following:
(1) An evaluation of the advantages and disadvantages of
using the Smart Card as a PKI authentication device carrier for
the Department of Defense.
(2) A description of other available devices that could be
readily used as a PKI authentication device carrier.
(3) A comparison of the cost of using the Smart Card and
other available devices as the PKI authentication device
carrier.
(b) Definitions.--In this section:
(1) The term ``Smart Card'' means a credit card-size device,
normally for carrying and use by personnel, that contains one or
more integrated circuits and may also employ one or more of the
following technologies:
(A) Magnetic stripe.
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency transmitters.
[[Page 113 STAT. 582]]
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The terms ``Public-Private Key Infrastructure
authentication device carrier'' and ``PKI authentication device
carrier'' mean a device that physically stores, carries, and
employs electronic authentication or encryption keys necessary
to create a unique digital signature, digital certificate, or
other mark on an electronic document or file.
Subtitle I--Other Matters
SEC. 381. AUTHORITY TO LEND OR DONATE OBSOLETE OR CONDEMNED RIFLES
FOR FUNERAL AND OTHER CEREMONIES.
(a) Authority.--Subsection (a) of section 4683 of title 10, United
States Code, is amended to read as follows:
``(a) Authority <<NOTE: Regulations.>> To Lend or Donate.--(1) The
Secretary of the Army, under regulations prescribed by the Secretary,
may conditionally lend or donate excess M-1 rifles (not more than 15),
slings, and cartridge belts to any eligible organization for use by that
organization for funeral ceremonies of a member or former member of the
armed forces, and for other ceremonial purposes.
``(2) If the rifles to be loaned or donated under paragraph (1) are
to be used by the eligible organization for funeral ceremonies of a
member or former member of the armed forces, the Secretary may issue and
deliver the rifles, together with the necessary accoutrements and blank
ammunition, without charge.''.
(b) Conditions and Definition.--Such section is further amended by
adding at the end the following new subsections:
``(c) Conditions on Loan or Donation.--In lending or donating rifles
under subsection (a), the Secretary shall impose such conditions on the
use of the rifles as may be necessary to ensure security, safety, and
accountability. The Secretary may impose such other conditions as the
Secretary considers appropriate.
``(d) Eligible Organization Defined.--In this section, the term
`eligible organization' means--
``(1) a unit or other organization of honor guards
recognized by the Secretary of the Army as honor guards for a
national cemetery;
``(2) a law enforcement agency; or
``(3) a local unit of any organization that, as determined
by the Secretary of the Army, is a nationally recognized
veterans' organization.''.
(c) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) by inserting ``Relief From Liability.--'' after ``(b)'';
(2) by striking ``a unit'' and inserting ``an eligible
organization''; and
(3) by striking ``lent'' both places it appears and
inserting ``lent or donated''.
(d) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
[[Page 113 STAT. 583]]
``Sec. 4683. Excess M-1 rifles: loan or donation for funeral and
other ceremonial purposes''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 443 of such title is amended to read as
follows:
``4683. Excess M-1 rifles: loan or donation for funeral and other
ceremonial purposes.''.
(e) Report <<NOTE: Deadline. 10 USC 4683 note.>> on
Implementation.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall review the exercise
of authority under section 4683 of title 10, United States Code, as
amended by this section, and submit to Congress a report on the findings
resulting from the review.
SEC. 382. EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1716; 10 U.S.C. 2304 note) is
amended--
(1) in subsection (f), by striking ``September 30, 1999''
and inserting ``September 30, 2000'';
(2) in subsection (g)(1), by striking ``January 1, 2000''
and inserting ``January 1, 2001''; and
(3) in subsection (g)(2), by striking ``March 1, 2000'' and
inserting ``March 1, 2001''.
SEC. 383. PRESERVATION OF 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 part
A the following new section:
``SEC. 1523. PRESERVATION <<NOTE: 24 USC 423.>> 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.
[[Page 113 STAT. 584]]
``(c) Requirements and Limitations.--Amounts received as a grant
under subsection (b) shall be deposited in the Fund, but shall be kept
separate from other amounts in the Fund. The amounts received may only
be used for the purpose specified in subsection (b).''.
SEC. 384. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, UNITED
STATES SOLDIERS' AND AIRMEN'S HOME.
(a) Manner of Conveyance.--Subsection (a)(1) of section 1053 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2650) is amended by striking ``convey by sale'' and
inserting ``convey, by sale or lease,''.
(b) Time for Conveyance.--Subsection (a)(2) of such section is
amended to read as follows:
``(2) The Armed Forces Retirement Home Board shall sell or lease the
property described in subsection (a) within 12 months after the date of
the enactment of the National Defense 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. 385. TREATMENT OF ALASKA, HAWAII, AND GUAM IN DEFENSE
HOUSEHOLD GOODS MOVING PROGRAMS.
(a) Limitation on Inclusion in Test Programs.--Alaska, Hawaii, and
Guam shall not be included as a point of origin in any test or
demonstration program of the Department of Defense regarding the moving
of household goods of members of the Armed Forces.
(b) Separate Regions; Destinations.--In any Department of Defense
household goods moving program that is not subject to the prohibition in
subsection (a)--
(1) Alaska, Hawaii, and Guam shall each constitute a
separate region; and
(2) Hawaii and Guam shall be considered international
destinations.
[[Page 113 STAT. 585]]
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to
be on 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.
Subtitle A--Active Forces
SEC. 401. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2000, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,037.
(3) The Marine Corps, 172,518.
(4) The Air Force, 360,877.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title 10, United
States Code, is amended--
(1) in paragraph (2), by striking ``372,696'' and inserting
``371,781'';
(2) in paragraph (3), by striking ``172,200'' and inserting
``172,148''; and
(3) in paragraph (4), by striking ``370,802'' and inserting
``360,877''.
(b) Effective <<NOTE: 10 USC 691 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 1999.
Subtitle B--Reserve Forces
SEC. 411. <<NOTE: 10 USC 12001 note.>> 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--
[[Page 113 STAT. 586]]
(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 <<NOTE: 10 USC 12001 note.>> 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, 22,430.
(2) The Army Reserve, 12,804.
(3) The Naval Reserve, 15,010.
(4) The Marine Corps Reserve, 2,272.
(5) The Air National Guard of the United States, 11,157.
(6) The Air Force Reserve, 1,134.
SEC. 413. END <<NOTE: 10 USC 115 note.>> STRENGTHS FOR MILITARY
TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2000 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 6,474.
(2) For the Army National Guard of the United States,
23,125.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United States, 22,247.
SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT
OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,227 1,071 860 140
Lieutenant Colonel or Commander..... 1,611 520 777 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:
[[Page 113 STAT. 587]]
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 645 202 405 20
E-8................................. 2,593 429 1,041 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
$71,884,867,000, and in addition funds in the total amount of
$1,838,426,000 are authorized to be appropriated to the Department of
Defense as emergency appropriations for fiscal year 2000 for military
personnel, as appropriated in section 2012 of the 1999 Emergency
Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 83). The
authorization in the preceding sentence 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. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on
active-duty list in frocked grades of brigadier general and
rear admiral (lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection
for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of
inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below
the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability
of restriction on holding of civil office by retired regular
officers and reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree
limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint
4-star officer positions.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Continuation of officers on reserve active-status list to
complete disciplinary action.
Sec. 512. Authority to order reserve component members to active duty to
complete a medical evaluation.
Sec. 513. Exclusion of reserve officers on educational delay from
eligibility for consideration for promotion.
[[Page 113 STAT. 588]]
Sec. 514. Extension of period for retention of reserve component majors
and lieutenant commanders who twice fail of selection for
promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required
travel on military aircraft for reserves performing inactive-
duty training outside the continental United States.
Subtitle C--Military Technicians
Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.
Sec. 524. Revision to authorities relating to National Guard
technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing
process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status
technicians.
Subtitle D--Service Academies
Sec. 531. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service
academies of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs of the service
academies.
Subtitle E--Education and Training
Sec. 541. Establishment of a Department of Defense international student
program at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of
strategic studies.
Sec. 543. Authority for Air University to confer graduate-level degrees.
Sec. 544. Reserve credit for participation in health professions
scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for 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.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill
liabilities.
Subtitle F--Reserve Component Management
Sec. 551. Financial assistance program for pursuit of degrees by officer
candidates in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag
officers.
Sec. 554. Grade of chiefs of reserve components and additional general
officers at the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active
duty in support of preparedness for responses to emergencies
involving weapons of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure
for support of provision of services to veterans.
Subtitle G--Decorations, Awards, and Commendations
Sec. 561. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for
valor during the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of
military decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential unit citation for
crew of the U.S.S. Indianapolis.
[[Page 113 STAT. 589]]
Subtitle H--Matters Relating to Recruiting
Sec. 571. Access to secondary school students for military recruiting
purposes.
Sec. 572. Increased authority to extend delayed entry period for
enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations purposes.
Subtitle I--Matters Relating to Missing Persons
Sec. 575. Nondisclosure of debriefing information on certain missing
persons previously returned to United States control.
Sec. 576. Recovery and identification of remains of certain World War II
servicemen lost in Pacific Theater of Operations.
Subtitle J--Other Matters
Sec. 577. Authority for special courts-martial to impose sentences to
confinement and forfeitures of pay of up to one year.
Sec. 578. Funeral honors details for funerals of veterans.
Sec. 579. Purpose and funding limitations for National Guard Challenge
program.
Sec. 580. Department of Defense Starbase program.
Sec. 581. Survey of members leaving military service on attitudes toward
military service.
Sec. 582. Service review agencies covered by professional staffing
requirement.
Sec. 583. Participation of members in management of organizations abroad
that promote international understanding.
Sec. 584. Support for expanded child care services and youth program
services for dependents.
Sec. 585. Report and regulations on Department of Defense policies on
protecting the confidentiality of communications with
professionals providing therapeutic or related services
regarding sexual or domestic abuse.
Sec. 586. Members under burdensome personnel tempo.
Subtitle K--Domestic Violence
Sec. 591. Defense task force on domestic violence.
Sec. 592. Incentive program for improving responses to domestic violence
involving members of the Armed Forces and military family
members.
Sec. 593. Uniform Department of Defense policies for responses to
domestic violence.
Sec. 594. Central Department of Defense database on domestic violence
incidents.
Subtitle A--Officer Personnel Policy
SEC. 501. 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 made with
the consent of the officer recalled.
(b) Limitation.--No more than a total of 500 officers may be on
active duty at any time under subsection (a).
(c) Termination.--Each officer recalled to active duty under
subsection (a) during the retired aviator recall period shall be
released from active duty not later than one year after the end of such
period.
(d) Waivers.--Officers recalled to active duty under subsection (a)
shall not be counted for purposes of section 668 or 690 of title 10,
United States Code.
(e) Retired Aviator Recall Period.--For purposes of this section,
the retired aviator recall period is the period beginning on October 1,
1999, and ending on September 30, 2002.
(f) Report.--Not <<NOTE: Deadline.>> later than March 31, 2002, the
Secretary of Defense submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
[[Page 113 STAT. 590]]
Representatives a report on the use of the authority under this section,
together with the Secretary's recommendation for extension of that
authority.
SEC. 502. INCREASE IN MAXIMUM NUMBER OF OFFICERS AUTHORIZED TO BE
ON ACTIVE-DUTY LIST IN FROCKED GRADES OF
BRIGADIER GENERAL AND REAR ADMIRAL (LOWER
HALF).
Section 777(d)(1) of title 10, United States Code, is amended by
striking ``the following:'' and all that follows and inserting ``55.''.
SEC. 503. RESERVE OFFICERS REQUESTING OR OTHERWISE CAUSING
NONSELECTION FOR PROMOTION.
(a) Reporting Requirement.--Section 617(c) of title 10, United
States Code, is amended by striking ``regular''.
(b) Effective <<NOTE: Applicability. 10 USC 617 note.>> Date.--The
amendment made by subsection (a) shall apply with respect to boards
convened under section 611(a) of title 10, United States Code, on or
after the date of the enactment of this Act.
SEC. 504. MINIMUM GRADE OF OFFICERS ELIGIBLE TO SERVE ON BOARDS OF
INQUIRY.
(a) Retention Boards for Regular Officers.--The text of section 1187
of title 10, United States Code, is amended to read as follows:
``(a) Active Duty Officers.--Except as provided in subsection (b),
each board convened under this chapter shall consist of officers
appointed as follows:
``(1) Each member of the board shall be an officer of the
same armed force as the officer being required to show cause for
retention on active duty.
``(2) Each member of the board shall be on the active-duty
list.
``(3) Each member of the board shall be in a grade above
major or lieutenant commander, except that at least one member
of the board shall be in a grade above lieutenant colonel or
commander.
``(4) Each member of the board shall be senior in grade to
any officer to be considered by the board.
``(b) Retired Officers.--If qualified officers on active duty are
not available in sufficient numbers to comprise a board convened under
this chapter, the Secretary of the military department concerned shall
complete the membership of the board by appointing to the board retired
officers of the same armed force. A retired officer may be appointed to
such a board only if the retired grade of that officer--
``(1) is above major or lieutenant commander or, in the case
of an officer to be the senior officer of the board, above
lieutenant colonel or commander; and
``(2) is senior to the grade of any officer to be considered
by the board.
``(c) Ineligibility by Reason of Previous Consideration of Same
Officer.--No person may be a member of more than one board convened
under this chapter to consider the same officer.
``(d) Exclusion From Strength Limitation.--A retired general or flag
officer who is on active duty for the purpose of serving on a board
convened under this chapter shall not, while so serving,
[[Page 113 STAT. 591]]
be counted against any limitation on the number of general and flag
officers who may be on active duty.''.
(b) Retention Boards for Reserve Officers.--Subsection (a) of
section 14906 of such title is amended to read as follows:
``(a) Composition of Boards.--Each board convened under this chapter
shall consist of officers appointed as follows:
``(1) Each member of the board shall be an officer of the
same armed force as the officer being required to show cause for
retention in an active status.
``(2) Each member of the board shall hold a grade above
major or lieutenant commander, except that at least one member
of the board shall hold a grade above lieutenant colonel or
commander.
``(3) Each member of the board shall be senior in grade to
any officer to be considered by the board.''.
SEC. 505. MINIMUM SELECTION OF WARRANT OFFICERS FOR PROMOTION FROM
BELOW THE PROMOTION ZONE.
Section 575(b)(2) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``If the number determined
under this subsection with respect to a promotion zone within a grade
(or grade and competitive category) is less than one, the board may
recommend one such officer for promotion from below the zone within that
grade (or grade and competitive category).''.
SEC. 506. INCREASE IN THRESHOLD PERIOD OF ACTIVE DUTY FOR
APPLICABILITY OF RESTRICTION ON HOLDING OF
CIVIL OFFICE BY RETIRED REGULAR OFFICERS
AND RESERVE OFFICERS.
Section 973(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``180 days'' and
inserting ``270 days''; and
(2) in subparagraph (C), by striking ``180 days'' and
inserting ``270 days''.
SEC. 507. EXEMPTION OF RETIREE COUNCIL MEMBERS FROM RECALLED
RETIREE LIMITS.
Section 690(b)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(D) Any member of the Retiree Council of the Army, Navy,
or Air Force for the period on active duty to attend the annual
meeting of the Retiree Council.''.
SEC. 508. TECHNICAL AMENDMENTS RELATING TO JOINT DUTY ASSIGNMENTS.
(a) Joint Duty Assignments for General and Flag 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 or vice admiral until the
officer completes a full tour of duty in a joint duty assignment.''.
(b) Nuclear Propulsion Officers.--Subsection (h) of that section is
amended--
[[Page 113 STAT. 592]]
(1) by striking ``(1) Until January 1, 1997, an'' and
inserting ``An'';
(2) by striking ``may be'' and inserting ``who before
January 1, 1997, is'';
(3) by striking ``. An officer so appointed''; and
(4) by striking paragraph (2).
SEC. 509. THREE-YEAR EXTENSION OF REQUIREMENT FOR COMPETITION FOR
JOINT 4-STAR OFFICER POSITIONS.
(a) Extension of Requirement.--Section 604(c) of title 10, United
States Code, is amended by striking ``September 30, 2000'' and inserting
``September 30, 2003''.
(b) Grade Relief.--Section 525(b)(5)(C) of such title is amended by
striking ``September 30, 2000'' and inserting ``September 30, 2003''.
(c) Clarification of Certain Limitations on Number of Active-Duty
Generals and Admirals.--Paragraph (5) of section 525(b) of such title is
amended by adding at the end of subparagraph (A) the following new
sentence: ``Any increase by reason of the preceding sentence in the
number of officers of an armed force serving on active duty in grades
above major general or rear admiral may only be realized by an increase
in the number of lieutenant generals or vice admirals, as the case may
be, serving on active duty, and any such increase may not be construed
as authorizing an increase in the limitation on the total number of
general or flag officers for that armed force under section 526(a) of
this title or in the number of general and flag officers that may be
designated under section 526(b) of this title.''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. CONTINUATION OF OFFICERS ON RESERVE ACTIVE-STATUS LIST
TO COMPLETE DISCIPLINARY ACTION.
(a) In General.--Chapter 1407 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 14518. Continuation of officers to complete disciplinary
action
``The Secretary concerned may delay the separation or retirement
under this chapter of an officer against whom an action has been
commenced with a view to trying the officer by court-martial. Any such
delay may continue until the completion of the disciplinary action
against the officer.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``14518. Continuation of officers to complete disciplinary action.''.
SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO ACTIVE
DUTY TO COMPLETE A MEDICAL EVALUATION.
Section 12301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h)(1) When authorized by the Secretary of Defense, the Secretary
of a military department may, with the consent of the member, order a
member of a reserve component to active duty--
[[Page 113 STAT. 593]]
``(A) to receive authorized medical care;
``(B) to be medically evaluated for disability or other
purposes; or
``(C) to complete a required Department of Defense health
care study, which may include an associated medical evaluation
of the member.
``(2) A member ordered to active duty under this subsection may,
with the member's consent, be retained on active duty, if the Secretary
concerned considers it appropriate, for medical treatment for a
condition associated with the study or evaluation, if that treatment of
the member is otherwise authorized by law.
``(3) A member of the Army National Guard of the United States or
the Air National Guard of the United States may be ordered to active
duty under this subsection only with the consent of the Governor or
other appropriate authority of the State concerned.''.
SEC. 513. EXCLUSION OF RESERVE OFFICERS ON EDUCATIONAL DELAY FROM
ELIGIBILITY FOR CONSIDERATION FOR
PROMOTION.
(a) Exclusion.--Section 14301 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(h) Officers on Educational Delay.--An officer on the reserve
active-status list is ineligible for consideration for promotion, but
shall remain on the reserve active-status list, while the officer--
``(1) is pursuing a program of graduate level education in
an educational delay status approved by the Secretary concerned;
and
``(2) is receiving from the Secretary financial assistance
in connection with the pursuit of that program of education
while in that status.''.
(b) Retroactive <<NOTE: 10 USC 14301 note.>> Effect.--(1) Subsection
(h) of section 14301 of title 10, United States Code (as added by
subsection (a)), shall apply with respect to boards convened under
section 14101(a) of such title before, on, or after the date of the
enactment of this Act.
(2) <<NOTE: Records.>> The Secretary of the military department
concerned, upon receipt of request submitted in a form and manner
prescribed by the Secretary, shall expunge from the military records of
an officer any indication of a failure of selection of the officer for
promotion by a board referred to in paragraph (1) while the officer was
ineligible for consideration by that board by reason of section 14301(h)
of title 10, United States Code.
SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RESERVE COMPONENT
MAJORS AND LIEUTENANT COMMANDERS WHO TWICE
FAIL OF SELECTION FOR PROMOTION.
(a) Parity With Officers in Pay Grades O-2 and O-3.--Section 14506
of title 10, United States Code, is amended--
(1) by inserting ``the later of (1)'' after ``in accordance
with section 14513 of this title on''; and
(2) by inserting before the period at the end the following:
``, or (2) the first day of the seventh month after the month in
which the President approves the report of the board which
considered the officer for the second time''.
(b) Effective <<NOTE: Applicability. 10 USC 14506 note.>> Date.--The
amendments made by subsection (a) shall apply with respect to removals
of reserve officers from
[[Page 113 STAT. 594]]
reserve active-status lists under section 14506 of title 10, United
States Code, on or after the date of the enactment of this Act.
SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLUSION.
The text of section 14706 of title 10, United States Code, is
amended to read as follows:
``(a) For the purpose of this chapter and chapter 1407 of this
title, a Reserve officer's years of service include all service of the
officer as a commissioned officer of a uniformed service other than the
following:
``(1) Service as a warrant officer.
``(2) Constructive service.
``(3) Service after appointment as a commissioned officer of
a reserve component while in a program of advanced education to
obtain the first professional degree required for appointment,
designation, or assignment to a professional specialty, but only
if that 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.
``(c) For purposes of subsection (a)(3), an officer shall be
considered to be in a professional specialty if the officer is appointed
or assigned to the Medical Corps, the Dental Corps, the Veterinary
Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical
Specialists Corps or is designated as a chaplain or judge advocate.''.
SEC. 516. RETENTION OF RESERVE COMPONENT CHAPLAINS UNTIL AGE 67.
Section 14703(b) of title 10, United States Code, is amended by
striking ``(or, in the case of a reserve officer of the Army in the
Chaplains or a reserve officer of the Air Force designated as a
chaplain, 60 years of age)''.
SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE-
REQUIRED TRAVEL ON MILITARY AIRCRAFT FOR
RESERVES PERFORMING INACTIVE-DUTY TRAINING
OUTSIDE THE CONTINENTAL UNITED STATES.
(a) Authority.--(1) Chapter 1805 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 18505. Reserves traveling to inactive-duty training OCONUS:
authority for space-required travel
``(a) In the case of a member of a reserve component whose place of
inactive-duty training is outside the contiguous States (including a
place other than the place of the member's unit training assembly if the
member is performing the inactive-duty training in another location),
the member may travel in a space-required status on aircraft of the
armed forces between the member's home and the place of such training if
there is no transportation between those locations by means of road or
railroad (or a combination of road and railroad).
``(b) A member traveling in a space-required status on any such
aircraft under subsection (a) is not authorized to receive travel,
[[Page 113 STAT. 595]]
transportation, or per diem allowances in connection with that
travel.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``18505. Reserves traveling to inactive-duty training OCONUS: authority
for space-required travel.''.
(b) Repeal of Superseded Authority.--Section 8023 of Public Law 105-
262 (112 Stat. 2302) is repealed.
(c) Effective <<NOTE: Applicability. 10 USC 18505 note.>> Date.--The
amendments made by this section shall apply with respect to travel
commencing on or after the date of the enactment of this Act.
Subtitle C--Military Technicians
SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STATUS) LAW.
(a) Definition.--Subsection (a)(1) of section 10216 of title 10,
United States Code, is amended--
(1) in subparagraph (A), by striking ``section 709'' and
inserting ``section 709(b)''; and
(2) in subparagraph (C), by inserting ``civilian'' after
``is assigned to a''.
(b) Dual Status Requirement.--Subsection (e) of such section is
amended--
(1) in paragraph (1), by inserting ``(dual status)'' after
``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 ``not to exceed six months'' and
inserting ``up to 12 months''.
SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.
(a) In General.--(1) Chapter 1007 of title 10, United States Code,
is amended by adding at the end the following new section:
``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 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.
[[Page 113 STAT. 596]]
``(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 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 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 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-
[[Page 113 STAT. 597]]
in-force purposes be in a separate competitive category from employees
who are military technicians (dual status).
``(c) Unreduced Annuity Defined.--For purposes of this 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).''.
(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) <<NOTE: Effective date. Applicability. 10 USC 10218
note.>> 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--
[[Page 113 STAT. 598]]
(1) in paragraph (1)--
(A) by inserting ``or section 10216 of title 10''
after ``title 32'';
(B) by striking ``such title'' and all that follows
through the period and inserting ``title 32 or section
10216 of title 10, respectively, to be a member of the
Selected Reserve.'';
(2) in paragraph (2)(A)(i)--
(A) by inserting ``or section 10216 of title 10''
after ``title 32''; and
(B) by striking ``National Guard or from holding the
military grade required for such employment'' and
inserting ``Selected Reserve''; and
(3) in paragraph (3)(C), by inserting ``or section 10216 of
title 10'' after ``title 32''.
SEC. 523. REVISION TO NON-DUAL STATUS TECHNICIANS STATUTE.
(a) Revision.--Section 10217 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``military'' after ``non-dual
status'' in the matter preceding paragraph (1); and
(B) by striking paragraphs (1) and (2) and inserting
the following:
``(1) was hired as a technician before November 18, 1997,
under any of the authorities specified in subsection (b) and as
of that date is not a member of the Selected Reserve or after
such date has ceased to be a member of the Selected Reserve; or
``(2) is employed under section 709 of title 32 in a
position designated under subsection (c) of that section and
when hired was not required to maintain membership in the
Selected Reserve.''; and
(2) by adding at the end the following new subsection:
``(c) Permanent <<NOTE: Effective dates.>> 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.''.
(b) Conforming Amendments.--The heading of such section and the item
relating to such section in the table of sections at the beginning of
chapter 1007 of such title are each amended by striking the penultimate
word.
[[Page 113 STAT. 599]]
SEC. 524. REVISION TO AUTHORITIES RELATING TO NATIONAL GUARD
TECHNICIANS.
Section 709 of title 32, United States Code, is amended to read as
follows:
``Sec. 709. Technicians: employment, use, status
``(a) <<NOTE: Regulations.>> 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;
[[Page 113 STAT. 600]]
``(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. <<NOTE: 10 USC 10217 note.>> 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 <<NOTE: 10 USC 113 note.>> 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:
[[Page 113 STAT. 601]]
(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 <<NOTE: Deadline.>> 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.
Subtitle D--Service Academies
SEC. 531. STRENGTH <<NOTE: 10 USC 4342 note.>> LIMITATIONS AT THE
SERVICE ACADEMIES.
(a) United <<NOTE: Deadline.>> States Military Academy.--(1) The
Secretary of the Army shall take such action as necessary to ensure that
the United States Military Academy is in compliance with the USMA cadet
strength limit not later than the day before the last day of the 2001-
2002 academic year.
(2) The Secretary of the Army may provide for a variance to the USMA
cadet strength limit--
(A) as of the day before the last day of the 1999-2000
academic year of not more than 5 percent; and
(B) as of the day before the last day of the 2000-2001
academic year of not more than 2\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 an academic year is graduation day.
[[Page 113 STAT. 602]]
(b) Reenactment of Limitation; Authorized Variance.--(1) Section
4342 of title 10, United States Code, is amended--
(A) in subsection (a), by striking ``is as follows:'' in the
matter preceding paragraph (1) and inserting ``(determined for
any year as of the day before the last day of the academic year)
is 4,000. Subject to that limitation, cadets are selected as
follows:''; and
(B) by adding at the end the following new subsection:
``(i) For purposes of the limitation in subsection (a) establishing
the aggregate authorized strength of the Corps of Cadets, the Secretary
of the Army may for any year (beginning with the 2001-2002 academic
year) permit a variance in that limitation by not more than one percent.
In applying that limitation, and any such variance, the last day of an
academic year shall be considered to be graduation day.''.
(2) Section 6954 of such title is amended--
(A) by striking the matter preceding paragraph (1) 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 in subsection (a) establishing
the aggregate authorized strength of the Brigade of Midshipmen, the
Secretary of the Navy may for any year permit a variance in that
limitation by not more than one percent. In applying that limitation,
and any such variance, the last day of an academic year shall be
considered to be graduation day.''.
(3) Section 9342 of such title is amended--
(A) in subsection (a), by striking ``is as follows:'' in the
matter preceding paragraph (1) and inserting ``(determined for
any year as of the day before the last day of the academic year)
is 4,000. Subject to that limitation, Air Force Cadets are
selected as follows:''; and
(B) by adding at the end the following new subsection:
``(i) For purposes of the limitation in subsection (a) establishing
the aggregate authorized strength of Air Force Cadets, the Secretary of
the Air Force may for any year permit a variance in that limitation by
not more than one percent. In applying that limitation, and any such
variance, the last day of an academic year shall be considered to be
graduation day.''.
(4) 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. 532. SUPERINTENDENTS OF THE SERVICE ACADEMIES.
(a) Position of Superintendent Required To Be Terminal Position.--
(1)(A) Chapter 367 of title 10, United States Code, is amended by
inserting after section 3920 the following new section:
``Sec. 3921. Mandatory retirement: Superintendent of the United
States Military Academy
``Upon the termination of the detail of an officer to the position
of Superintendent of the United States Military Academy, the Secretary
of the Army shall retire the officer under any provision of this chapter
under which that officer is eligible to retire.''.
[[Page 113 STAT. 603]]
(B) Chapter 403 of such title is amended by inserting after section
4333 the following new section:
``Sec. 4333a. Superintendent: condition for detail to position
``As a condition for detail to the position of Superintendent of the
Academy, an officer shall acknowledge that upon termination of that
detail the officer shall be retired.''.
(2)(A) Chapter 573 of such title is amended by inserting after the
table of sections at the beginning of such chapter the following new
section:
``Sec. 6371. Mandatory retirement: Superintendent of the United
States Naval Academy
``Upon the termination of the detail of an officer to the position
of Superintendent of the United States Naval Academy, the Secretary of
the Navy shall retire the officer under any provision of chapter 571 of
this title under which the officer is eligible to retire.''.
(B) Chapter 603 of such title is amended by inserting after section
6951 the following new section:
``Sec. 6951a. <<NOTE: Establishment.>> Superintendent
``(a) There is a Superintendent of the United States Naval Academy.
The immediate governance of the Naval Academy is under the
Superintendent.
``(b) <<NOTE: President.>> The Superintendent shall be detailed to
that position by the President. As a condition for detail to that
position, an officer shall acknowledge that upon termination of that
detail the officer shall be retired.''.
(3)(A) Chapter 867 of such title is amended by inserting after
section 8920 the following new section:
``Sec. 8921. Mandatory retirement: Superintendent of the United
States Air Force Academy
``Upon the termination of the detail of an officer to the position
of Superintendent of the United States Air Force Academy, the Secretary
of the Air Force shall retire the officer under any provision of this
chapter under which the officer is eligible to retire.''.
(B) Chapter 903 of such title is amended by inserting after section
9333 the following new section:
``Sec. 9333a. Superintendent: condition for detail to position
``As a condition for detail to the position of Superintendent of the
Academy, an officer shall acknowledge that upon termination of that
detail the officer shall be retired.''.
(4)(A) The table of sections at the beginning of chapter 367 of
title 10, United States Code, is amended by inserting after the item
relating to section 3920 the following new item:
``3921. Mandatory retirement: Superintendent of the United States
Military Academy.''.
(B) The table of sections at the beginning of chapter 403 of such
title is amended by inserting after the item relating to section 4333
the following new item:
``4333a. Superintendent: condition for detail to position.''.
[[Page 113 STAT. 604]]
(C) The table of sections at the beginning of chapter 573 of such
title is amended by inserting before the item relating to section 6383
the following new item:
``6371. Mandatory retirement: Superintendent of the United States Naval
Academy.''.
(D) The table of sections at the beginning of chapter 603 of such
title is amended by inserting after the item relating to section 6951
the following new item:
``6951a. Superintendent.''.
(E) The table of sections at the beginning of chapter 867 of such
title is amended by inserting after the item relating to section 8920
the following new item:
``8921. Mandatory retirement: Superintendent of the United States Air
Force Academy.''.
(F) The table of sections at the beginning of chapter 903 of such
title is amended by inserting after the item relating to section 9333
the following new item:
``9333a. Superintendent: condition for detail to position.''.
(5) <<NOTE: 10 USC 3921 note.>> The amendments made by this
subsection shall not apply to an officer serving on the date of the
enactment of this Act in the position of Superintendent of the United
States Military Academy, Superintendent of the United States Naval
Academy, or Superintendent of the United States Air Force Academy for so
long as that officer continues on and after that date to serve in that
position without a break in service.
(b) Exclusion From Certain General and Flag Officer Grade Strength
Limitations.--Section 525(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7) An officer of the Army while serving as Superintendent of the
United States Military Academy, if serving in the grade of lieutenant
general, is in addition to the number that would otherwise be permitted
for the Army for officers serving on active duty in grades above major
general under paragraph (1). An officer of the Navy or Marine Corps
while serving as Superintendent of the United States Naval Academy, if
serving in the grade of vice admiral or lieutenant general, is in
addition to the number that would otherwise be permitted for the Navy or
Marine Corps, respectively, for officers serving on active duty in
grades above major general or rear admiral under paragraph (1) or (2).
An officer while serving as Superintendent of the United States Air
Force Academy, if serving in the grade of lieutenant general, is in
addition to the number that would otherwise be permitted for the Air
Force for officers serving on active duty in grades above major general
under paragraph (1).''.
SEC. 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
[[Page 113 STAT. 605]]
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. 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 <<NOTE: Applicability. 10 USC 4344 note.>> 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.
(e) Conforming Repeal.--Section 301 of the 1999 Emergency
Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 66)
is <<NOTE: Ante, p. 66.>> repealed.
SEC. 535. EXPANSION OF FOREIGN EXCHANGE PROGRAMS OF THE SERVICE
ACADEMIES.
(a) United States Military Academy.--Section 4345 of title 10,
United States Code, is amended--
(1) in subsection (b), by striking ``10 cadets'' and
inserting ``24 cadets''; and
(2) in subsection (c)(3), by striking ``$50,000'' and
inserting ``$120,000''.
(b) United States Naval Academy.--Section 6957a of such title is
amended--
(1) in subsection (b), by striking ``10 midshipmen'' and
inserting ``24 midshipmen''; and
[[Page 113 STAT. 606]]
(2) in subsection (c)(3), by striking ``$50,000'' and
inserting ``$120,000''.
(c) United States Air Force Academy.--Section 9345 of such title is
amended--
(1) in subsection (b), by striking ``10 Air Force cadets''
and inserting ``24 Air Force cadets''; and
(2) in subsection (c)(3), by striking ``$50,000'' and
inserting ``$120,000''.
Subtitle E--Education and Training
SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE 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.''.
[[Page 113 STAT. 607]]
(b) Effective <<NOTE: 10 USC 2111b note.>> 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:
``Sec. 4321. United <<NOTE: Regulations.>> 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 CONFER GRADUATE-LEVEL
DEGREES.
(a) In General.--Subsection (a) of section 9317 of title 10, United
States Code, is amended to read as follows:
``(a) Authority.--Upon the recommendation of the faculty of the
appropriate school of the Air University, the commander of the Air
University may confer--
``(1) the degree of master of strategic studies upon
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 Airpower 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.''.
[[Page 113 STAT. 608]]
SEC. 544. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE
PROGRAM.
Section 2126(b) of title 10, United States Code, is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Service credited under paragraph (1) counts only for the award
of retirement points for computation of years of service under section
12732 of this title and for computation of retired pay under section
12733 of this title.
``(3) The number of points credited to a member under paragraph (1)
for a year of participation in a course of study is 50. The points shall
be credited to the member for one of the years of that participation at
the end of each year after the completion of the course of study that
the member serves in the Selected Reserve and is credited under section
12732(a)(2) of this title with at least 50 points. The points credited
for the participation shall be recorded in the member's records as
having been earned in the year of the participation in the course of
study.'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph (5):
``(5) A member of the Selected Reserve may be considered to be in an
active status while pursuing a course of study under this subchapter
only for purposes of sections 12732(a) and 12733(3) of this title.''.
SEC. 545. PERMANENT AUTHORITY FOR ROTC SCHOLARSHIPS FOR GRADUATE
STUDENTS.
Section 2107(c)(2) of title 10, United States Code, is amended to
read as follows:
``(2) The Secretary of the military department concerned may provide
financial assistance, as described in paragraph (1), to a student
enrolled in an advanced education program beyond the baccalaureate
degree level if the student also is a cadet or 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
this paragraph.''.
SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR SENIOR
ROTC CADETS SELECTED FOR ADVANCED
TRAINING.
(a) Increase.--Section 209(a) of title 37, United States Code, is
amended by striking ``$150 a month'' and inserting ``$200 a month''.
(b) Effective <<NOTE: 37 USC 209 note.>> 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
[[Page 113 STAT. 609]]
$62,500,000 available for the Junior Reserve Officers' Training Corps
program under section 2031 of this title, and such excess amount may not
be used for any other purpose.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2033. Contingent funding increase.''.
(b) Effective <<NOTE: Applicability. 10 USC 2033 note.>> 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 <<NOTE: Deadline.>> 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. The Secretary may submit the report more frequently
and adjust the period covered by the report accordingly.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 1606 of such title is
amended to read as follows:
``16137. Biennial report to Congress.''.
SEC. 549. RECODIFICATION AND CONSOLIDATION OF STATUTES DENYING
FEDERAL GRANTS AND CONTRACTS BY CERTAIN
DEPARTMENTS AND AGENCIES TO INSTITUTIONS
OF HIGHER EDUCATION THAT PROHIBIT SENIOR
ROTC UNITS OR MILITARY RECRUITING ON
CAMPUS.
(a) Recodification and Consolidation for Limitations on Federal
Grants and Contracts.--(1) Section 983 of title 10, United States Code,
is amended to read as follows:
``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)(1) may be provided by contract or by
grant (including a grant of funds to be available for student aid) to an
institution of higher education (including any subelement of such
institution) if the Secretary of Defense determines that that
institution (or any subelement of that institution) 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 that
institution (or any subelement of that institution); or
[[Page 113 STAT. 610]]
``(2) a student at that institution (or any subelement of
that institution) from enrolling in a unit of the Senior Reserve
Officer Training Corps at another institution of higher
education.
``(b) Denial of Funds for Preventing Military Recruiting on
Campus.--No funds described in subsection (d)(2) may be provided by
contract or by grant (including a grant of funds to be available for
student aid) to an institution of higher education (including any
subelement of such institution) if the Secretary of Defense determines
that that institution (or any subelement of that institution) has a
policy or practice (regardless of when implemented) that either
prohibits, or in effect prevents--
``(1) the Secretary of a military department or Secretary of
Transportation from gaining entry to campuses, or access to
students (who are 17 years of age or older) on campuses, for
purposes of military recruiting; or
``(2) access by military recruiters for purposes of military
recruiting to the following information pertaining to students
(who are 17 years of age or older) enrolled at that institution
(or any subelement of that institution):
``(A) Names, addresses, and telephone listings.
``(B) Date and place of birth, levels of education,
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 an institution of higher education (or any
subelement of that institution) if the Secretary of Defense determines
that--
``(1) the institution (and each subelement of that
institution) has ceased the policy or practice described in that
subsection; or
``(2) the institution of higher education involved has a
longstanding policy of pacifism based on historical religious
affiliation.
``(d) Covered Funds.--(1) The limitation established in subsection
(a) applies to the following:
``(A) Any funds made available for the Department of
Defense.
``(B) Any funds made available in a Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act.
``(2) The limitation established in subsection (b) applies to the
following:
``(A) Funds described in paragraph (1).
``(B) Any funds made available for the Department of
Transportation.
``(e) Notice of Determinations.--Whenever the Secretary of Defense
makes a determination under subsection (a), (b), or (c), the Secretary--
``(1) shall transmit a notice of the determination to the
Secretary of Education and to Congress; and
``(2) <<NOTE: Federal Register, publication.>> shall publish
in the Federal Register a notice of the determination and the
effect of the determination on the eligibility of the
institution of higher education (and any subelement of that
institution) for contracts and grants.
``(f) Semiannual <<NOTE: Records.>> Notice in Federal Register.--The
Secretary of Defense shall publish in the Federal Register once every
six
[[Page 113 STAT. 611]]
months a list of each institution of higher education that is currently
ineligible for contracts and grants by reason of a determination of the
Secretary under subsection (a) or (b).''.
(2) The item relating to section 983 in the table of sections at the
beginning of such chapter is amended to read as follows:
``983. Institutions of higher education that prevent ROTC access or
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).
SEC. 550. ACCRUAL FUNDING FOR COAST GUARD MONTGOMERY GI BILL
LIABILITIES.
Section 2006 of title 10, United States Code, is amended as follows:
(1) Subsection (a) is amended by striking ``Department of
Defense education liabilities'' and inserting ``armed forces
education liabilities''.
(2) Paragraph (1) of subsection (b) is amended to read as
follows:
``(1) The term `armed forces education liabilities' means
liabilities of the armed forces for benefits under chapter 30 of
title 38 and for Department of Defense benefits under chapter
1606 of this title.''.
(3) Subsection (b)(2)(C) is amended--
(A) by inserting ``Department of Defense'' after
``future''; and
(B) by striking ``chapter 106'' and inserting
``chapter 1606''.
(4) Subsection (c)(1) is amended by inserting ``and the
Secretary of the Department in which the Coast Guard is
operating'' after ``Defense''.
(5) Subsection (d) is amended--
(A) by striking ``Department of Defense'' and
inserting ``armed forces''; and
(B) by inserting ``the Secretary of the Department
in which the Coast Guard is operating,'' after
``Secretary of Defense,''.
(6) Subsection (f)(5) is amended by inserting ``and the
Department in which the Coast Guard is operating'' after
``Department of Defense''.
(7) Subsection (g) is amended--
(A) by inserting ``and the Secretary of the
Department in which the Coast Guard is operating'' in
paragraphs (1) and (2) after ``The Secretary of
Defense''; and
(B) by striking ``of a military department'' in
paragraph (3) and inserting ``concerned''.
[[Page 113 STAT. 612]]
Subtitle F--Reserve Component Management
SEC. 551. FINANCIAL ASSISTANCE PROGRAM FOR PURSUIT OF DEGREES BY
OFFICER CANDIDATES IN MARINE CORPS PLATOON
LEADERS CLASS PROGRAM.
(a) In General.--(1) Part IV of subtitle E of title 10, United
States Code, is amended by adding at the end the following new chapter:
``CHAPTER 1611--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
``Sec.
``16401. Marine Corps Platoon Leaders Class program: officer candidates
pursuing degrees.
``Sec. 16401. Marine Corps Platoon Leaders Class program: officer
candidates pursuing degrees
``(a) Authority for Financial Assistance Program.--The Secretary of
the Navy may provide financial assistance to an eligible enlisted member
of the Marine Corps Reserve for expenses of the member while the member
is pursuing on a full-time basis at an institution of higher education a
program of education approved by the Secretary that leads to--
``(1) a baccalaureate degree in less than five academic
years; or
``(2) a doctor of jurisprudence or bachelor of laws degree
in not more than three academic years.
``(b) Eligibility.--(1) To be eligible for financial assistance
under this section, an enlisted member of the Marine Corps Reserve
must--
``(A) be an officer candidate in the Marine Corps Platoon
Leaders Class program and have successfully completed one six-
week (or longer) increment of military training required under
that program;
``(B) meet the applicable age requirement specified in
paragraph (2);
``(C) be enrolled on a full-time basis in a program of
education referred to in subsection (a) at any institution of
higher education; and
``(D) enter into a written agreement with the Secretary
described in paragraph (3).
``(2)(A) In the case of a member pursuing a baccalaureate degree,
the member meets the age requirements of this paragraph if the member
will be under 27 years of age on June 30 of the calendar year in which
the member is projected to be eligible for appointment as a commissioned
officer in the Marine Corps through the Marine Corps Platoon Leaders
Class program, except that if the member has served on active duty, the
member may, on such date, be any age under 30 years that exceeds 27
years by a number of months that is not more than the number of months
that the member served on active duty.
``(B) In the case of a member pursuing a doctor of jurisprudence or
bachelor of laws degree, the member meets the age requirements of this
paragraph if the member will be under 31 years of age
[[Page 113 STAT. 613]]
on June 30 of the calendar year in which the member is projected to be
eligible for appointment as a commissioned officer in the Marine Corps
through the Marine Corps Platoon Leaders Class program, except that if
the member has served on active duty, the member may, on such date, be
any age under 35 years that exceeds 31 years by a number of months that
is not more than the number of months that the member served on active
duty.
``(3) A written agreement referred to in paragraph (1)(D) is an
agreement between the member and the Secretary in which the member
agrees--
``(A) to accept an appointment as a commissioned officer in
the Marine Corps, if tendered by the President;
``(B) to serve on active duty for at least five years; and
``(C) under such terms and conditions as shall be prescribed
by the Secretary, to serve in the Marine Corps Reserve until the
eighth anniversary of the date of the appointment.
``(c) Covered Expenses.--Expenses for which financial assistance may
be provided under this section are--
``(1) tuition and fees charged by the institution of higher
education involved;
``(2) the cost of books; and
``(3) in the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
``(d) Amount.--The amount of financial assistance provided to a
member under this section shall be prescribed by the Secretary, but may
not exceed $5,200 for any academic year.
``(e) Limitations.--(1) Financial assistance may be provided to a
member under this section only for three consecutive academic years.
``(2) Not more than 1,200 members may participate in the financial
assistance program under this section in any academic year.
``(f) Failure To Complete Program.--(1) A member who receives
financial assistance under this section may be ordered to active duty in
the Marine Corps by the Secretary to serve in an appropriate enlisted
grade for such period as the Secretary prescribes, but not for more than
four years, if the member--
``(A) completes the military and academic requirements of
the Marine Corps Platoon Leaders Class program and refuses to
accept an appointment as a commissioned officer in the Marine
Corps when offered;
``(B) fails to complete the military or academic
requirements of the Marine Corps Platoon Leaders Class program;
or
``(C) is 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.
``(2) The Secretary of the Navy may waive the obligated service
under paragraph (1) of a person who is not physically qualified for
appointment under section 532 of this title and later is 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.
``(g) Institution of Higher Education Defined.--In this section, the
term `institution of higher education' has the meaning
[[Page 113 STAT. 614]]
given that term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
(2) The tables of chapters at the beginning of subtitle E of such
title and at the beginning of part IV of such subtitle are amended by
adding after the item relating to chapter 1609 the following new item:
``1611. Other Educational Assistance Programs...................16401''.
(b) Conforming Amendment.--Section 3695(a)(5) of title 38, United
States Code, is amended by striking ``Chapters 106 and 107'' and
inserting ``Chapters 107, 1606, and 1610''.
(c) Computation of Creditable Service.--Section 205 of title 37,
United States Code, is amended by adding at the end the following new
subsection:
``(f) Notwithstanding subsection (a), the periods of service of a
commissioned officer appointed under section 12209 of title 10 after
receiving financial assistance under section 16401 of such title that
are counted under this section may not include 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 (concurrently with the period of service as a
member of the Marine Corps Platoon Leaders Class program) as an enlisted
member on active duty or as a member of the Selected Reserve may be so
counted.''.
(d) Transition <<NOTE: 10 USC 16401 note.>> Provision.--(1) An
enlisted member of the Marine Corps Reserve selected for training as an
officer candidate under section 12209 of title 10, United States Code,
before implementation of a financial assistance program under section
16401 of such title (as added by subsection (a)) may, upon application,
participate in the financial assistance program established under
section 16401 of such title (as added by subsection (a)) if the member--
(A) is eligible for financial assistance under such section
16401;
(B) <<NOTE: Deadline.>> submits a request for the financial
assistance to the Secretary of the Navy not later than 180 days
after the date on which the Secretary establishes the financial
assistance program; and
(C) enters into a written agreement described in subsection
(b)(3) of such section.
(2) Section 205(f) of title 37, United States Code, as added by
subsection (c), applies to a member referred to in paragraph (1).
SEC. 552. OPTIONS TO IMPROVE RECRUITING FOR THE ARMY RESERVE.
(a) Review.--The Secretary of the Army shall conduct a review of the
manner, process, and organization used by the Army to recruit new
members for the Army Reserve. The review shall seek to determine the
reasons for the continuing inability of the Army to meet recruiting
objectives for the Army Reserve and to identify measures the Secretary
could take to correct that inability.
(b) Reorganization To Be Considered.--Among the possible corrective
measures to be examined by the Secretary of the Army as part of the
review shall be a transfer of the recruiting function for the Army
Reserve from the Army Recruiting Command to a
[[Page 113 STAT. 615]]
new, fully resourced recruiting organization under the command and
control of the Chief, Army Reserve.
(c) Report.--Not <<NOTE: Deadline.>> later than July 1, 2000, the
Secretary shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report setting forth the results of the review under this section. The
report shall include a description of any corrective measures the
Secretary intends to implement.
SEC. 553. JOINT DUTY ASSIGNMENTS FOR RESERVE COMPONENT GENERAL AND
FLAG OFFICERS.
Subsection (b) of section 526 of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) The Chairman of the Joint Chiefs of Staff may designate up
to 10 general and flag officer positions on the staffs of the commanders
of the unified and specified combatant commands as positions to be held
only by reserve component officers who are in a general or flag officer
grade below lieutenant general or vice admiral. Each position so
designated shall be considered to be a joint duty assignment position
for purposes of chapter 38 of this title.
``(B) A reserve component officer serving in a position designated
under subparagraph (A) while on active duty under a call or order to
active duty that does not specify a period of 180 days or less shall not
be counted for the purposes of the limitations under subsection (a) and
under section 525 of this title if the officer was selected for service
in that position in accordance with the procedures specified in
subparagraph (C).
``(C) Whenever a vacancy occurs, or is anticipated to occur, in a
position designated under subparagraph (A)--
``(i) the Secretary of Defense shall require the Secretary
of the Army to submit the name of at least one Army reserve
component officer, the Secretary of the Navy to submit the name
of at least one Naval Reserve officer and the name of at least
one Marine Corps Reserve officer, and the Secretary of the Air
Force to submit the name of at least one Air Force reserve
component officer for consideration by the Secretary for
assignment to that position; and
``(ii) the Chairman of the Joint Chiefs of Staff may submit
to the Secretary of Defense the name of one or more officers (in
addition to the officers whose names are submitted pursuant to
clause (i)) for consideration by the Secretary for assignment to
that position.
``(D) Whenever the Secretaries of the military departments are
required to submit the names of officers under subparagraph (C)(i), the
Chairman of the Joint Chiefs of Staff shall submit to the Secretary of
Defense the Chairman's evaluation of the performance of each officer
whose name is submitted under that subparagraph (and of any officer
whose name the Chairman submits to the Secretary under subparagraph
(C)(ii) for consideration for the same vacancy).
``(E) Subparagraph (B) does not apply in the case of an officer
serving in a position designated under subparagraph (A) if the Secretary
of Defense, when considering officers for assignment to
[[Page 113 STAT. 616]]
fill the vacancy in that position which was filled by that officer, did
not have a recommendation for that assignment from each Secretary of a
military department who (pursuant to subparagraph (C)) was required to
make such a recommendation.''.
SEC. 554. GRADE OF CHIEFS OF RESERVE COMPONENTS AND ADDITIONAL
GENERAL OFFICERS AT THE NATIONAL GUARD
BUREAU.
(a) Procedures for Appointing Reserve Chiefs in Higher Grade.--(1)
Chapter 1213 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 12505. Selection of officers for certain senior reserve
component positions
``(a) Covered Positions.--(1) This section applies to the positions
specified in sections 3038, 5143, 5144, and 8038 and the positions of
Director, Army National Guard, and Director, Air National Guard,
specified in subparagraphs (A) and (B) of section 10506(a)(1) of this
title.
``(2) An officer may be assigned to one of the positions specified
in paragraph (1) for service in the grade of lieutenant general or vice
admiral if appointed to that grade for service in that position by the
President, by and with the advice and consent of the Senate. An officer
may be recommended to the President for such an appointment if selected
for appointment to that position in accordance with this section.
``(b) Eligibility for Higher Grade.--An officer shall be considered
to have been selected for appointment to a position specified in
subsection (a) in accordance with this section if--
``(1) the officer is recommended for that appointment by the
Secretary of the military department concerned;
``(2) the officer is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a result of
a process established by the Chairman, to have significant joint
duty experience; and
``(3) the officer is recommended by the Secretary of Defense
to the President for appointment in accordance with this
section.
``(c) Counting for Purposes of Grade Limitations.--An officer on
active duty for service in a position specified in subsection (a) who is
serving in that position (by reason of selection in accordance with this
section) in the grade of lieutenant general or vice admiral shall be
counted for purposes of the grade limitations under sections 525 and 526
of this title. This subsection does not affect the counting for those
purposes of officers serving in those positions under any other
provision of law.
``(d) Transition <<NOTE: Termination date.>> Waiver Authority.--
Until October 1, 2002, the Secretary of Defense may waive paragraph (2)
of subsection (b) with respect to the appointment of an officer to a
position specified in subsection (a) if in the judgment of the
Secretary--
``(1) the officer is qualified for service in the position;
and
``(2) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12505. Selection of officers for certain senior reserve component
positions.''.
[[Page 113 STAT. 617]]
(b) Chief of Army Reserve.--Section 3038(c) of title 10, United
States Code, is amended by adding at the end the following new sentence:
``However, if selected in accordance with section 12505 of this title,
he may be appointed in the grade of lieutenant general.''.
(c) Chief of Naval Reserve.--Section 5143(c)(2) of such title is
amended--
(1) by striking ``above rear admiral (lower half)'' and
inserting ``rear admiral''; and
(2) by adding at the end the following new sentence:
``However, if selected in accordance with section 12505 of this
title, he may be appointed in the grade of vice admiral.''.
(d) Commander, Marine Forces Reserve.--Section 5144(c)(2) of such
title is amended--
(1) by striking ``above brigadier general'' and inserting
``major general''; and
(2) by adding at the end the following new sentence:
``However, if selected in accordance with section 12505 of this
title, he may be appointed in the grade of lieutenant
general.''.
(e) Chief of Air Force Reserve.--Section 8038(c) of such title is
amended by adding at the end the following new sentence: ``However, if
selected in accordance with section 12505 of this title, he may be
appointed in the grade of lieutenant general.''.
(f) General <<NOTE: 10 USC 12505 note.>> Officers for the National
Guard Bureau.--Subparagraphs (A) and (B) of section 10506(a)(1) of such
title are each amended by inserting ``or, if appointed to that position
in accordance with section 12505(a)(2) of this title, the grade of
lieutenant general,'' after ``major general''.
(g) Effective <<NOTE: 10 USC 12505 note.>> Date.--The amendments
made by this section shall take effect 60 days after the date of the
enactment of this Act.
(h) Applicability to Incumbents.--(1) If an officer who is a covered
position incumbent is appointed under the amendments made by this
section to the grade of lieutenant general or vice admiral, the term of
service of that officer in that covered position shall not be extended
by reason of such appointment.
(2) For purposes of this subsection:
(A) The term ``covered position incumbent'' means a reserve
component officer who on the effective date specified in
subsection (g) is serving in a covered position.
(B) The term ``covered position'' means a position specified
in section 12505 of title 10, United States Code, as added by
subsection (a).
SEC. 555. DUTIES OF RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
(a) Duties.--Section 12310 of title 10, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (d) and
transferring that subsection, as so redesignated, to the end of
the section; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Duties.--A Reserve on active duty as described in subsection
(a) may be assigned only duties in connection with the functions
described in that subsection, which may include the following:
[[Page 113 STAT. 618]]
``(1) Supporting operations or missions assigned in whole or
in part to reserve components.
``(2) Supporting operations or missions performed or to be
performed by--
``(A) a unit composed of elements from more than one
component of the same armed force; or
``(B) a joint forces unit that includes--
``(i) one or more reserve component units; or
``(ii) a member of a reserve component whose
reserve component assignment is in a position in
an element of the joint forces unit.
``(3) Advising the Secretary of Defense, the Secretaries of
the military departments, the Joint Chiefs of Staff, and the
commanders of the unified combatant command regarding reserve
component matters.''.
(b) Technical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Grade When Ordered to
Active Duty.--'' after ``(a)'';
(2) in subsection (c)(1), by striking ``(c)(1) A Reserve''
and inserting ``(c) Duties Relating to Defense Against Weapons
of Mass Destruction.--(1) Notwithstanding subsection (b), a
Reserve''; and
(3) in subsection (d), as redesignated and transferred by
subsection (a)(1), by inserting ``Training.--'' before ``A
Reserve''.
(c) Report on the Use of Reserves on Active Duty in Support of the
Reserves.--(1) The Secretary of Defense shall review how the Reserves on
active duty in support of the reserves are or will be used in relation
to the duties set forth under subsection (b) of section 12310 of title
10, United States Code, as added by subsection (a)(2).
(2) <<NOTE: Deadline.>> Not later than March 1, 2000, the Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the review under
paragraph (1). The report shall include the following:
(A) An itemization and description, shown by operation or
mission referred to in subsection (b) of section 12310 of title
10, United States Code, as added by subsection (a)(2), of the
numbers of Reserves on active duty involved in each of those
operations and missions.
(B) An assessment and recommendation as to whether the
Reserves on active duty in support of the reserves should be
managed as a separate personnel category in which they compete
only among themselves for promotion, retention, school
selection, command, and other centrally selected personnel
actions.
(C) An assessment and recommendation as to whether those
Reserves should be considered as being part of their respective
active component for purposes of management of end strengths and
whether funds for those Reserves should be provided from
appropriations for active component military personnel (rather
than reserve component personnel).
(D) An assessment and recommendations for changes in the
existing officer and enlisted personnel systems required as a
result of the amendments to section 12310 of title 10, United
States Code, made by subsection (a), with such assessment to
take a comprehensive life-cycle approach to the careers
[[Page 113 STAT. 619]]
of those Reserves and how those careers should be managed, with
special attention to issues related to accession, promotion,
professional development, retention, separation and retirement.
SEC. 556. REPEAL OF LIMITATION ON NUMBER OF RESERVES ON FULL-TIME
ACTIVE DUTY IN SUPPORT OF PREPAREDNESS FOR
RESPONSES TO EMERGENCIES INVOLVING WEAPONS
OF MASS DESTRUCTION.
(a) Repeal.--Paragraph (4) of section 12310(c) of title 10, United
States Code, is amended by striking the first sentence.
(b) Conforming Amendments.--Paragraph (6) of such section is
amended--
(1) by striking ``or to increase the number of personnel
authorized by paragraph (4)'' in the matter preceding
subparagraph (A); and
(2) in subparagraph (A), by striking ``or for the requested
additional personnel'' and all that follows through ``Federal
levels''.
SEC. 557. ESTABLISHMENT OF OFFICE OF THE COAST GUARD RESERVE.
(a) Establishment.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 53. Office of the Coast Guard Reserve; Director
``(a) Establishment of Office; Director.--There is in the executive
part of the Coast Guard an Office of the Coast Guard Reserve. The head
of the Office is the Director of the Coast Guard Reserve. The Director
of the Coast Guard Reserve is the principal adviser to the Commandant on
Coast Guard Reserve matters and may have such additional functions as
the Commandant may direct.
``(b) Appointment.--The <<NOTE: President. Congress.>> President, by
and with the advice and consent of the Senate, shall appoint the
Director of the Coast Guard Reserve, from officers of the Coast Guard
who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above captain; and
``(3) have been recommended by the Secretary of
Transportation.
``(c) Term.--(1) The Director of the Coast Guard Reserve holds
office for a term determined by the President, normally two years, but
not more than four years. An officer may be removed from the position of
Director for cause at any time.
``(2) The Director of the Coast Guard Reserve, while so serving,
holds a grade above Captain, without vacating the officer's permanent
grade.
``(d) Budget.--The Director of the Coast Guard Reserve is the
official within the executive part of the Coast Guard who, subject to
the authority, direction, and control of the Secretary of Transportation
and the Commandant, is responsible for preparation, justification, and
execution of the personnel, operation and maintenance, and construction
budgets for the Coast Guard Reserve. As such, the Director of the Coast
Guard Reserve is the director and functional manager of appropriations
made for the Coast Guard Reserve in those areas.
``(e) Annual Report.--The Director of the Coast Guard Reserve shall
submit to the Secretary of Transportation and the Secretary of Defense
an annual report on the state of the Coast Guard Reserve and the ability
of the Coast Guard Reserve to meet its
[[Page 113 STAT. 620]]
missions. The report shall be prepared in conjunction with the
Commandant and may be submitted in classified and unclassified
versions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
52 the following new item:
``53. Office of the Coast Guard Reserve; Director.''.
SEC. 558. REPORT ON USE OF NATIONAL GUARD FACILITIES AND
INFRASTRUCTURE FOR SUPPORT OF PROVISION OF
SERVICES TO VETERANS.
(a) Report.--The Chief of the National Guard Bureau shall submit to
the Secretary of Defense a report, to be prepared in consultation with
the Secretary of Veterans Affairs, assessing the feasibility and
desirability of using the facilities and electronic infrastructure of
the National Guard for support of the provision of services to veterans
by the Secretary of Veterans Affairs. The report shall include an
assessment of any costs and benefits associated with the use of those
facilities and that infrastructure for that purpose.
(b) Transmittal to Congress.--The Secretary of Defense shall, not
later than April 1, 2000, transmit to Congress the report submitted to
the Secretary under subsection (a), together with any comments on the
report consistent with the requirements of section 18235 of title 10,
United States Code, that the Secretary considers appropriate.
Subtitle G--Decorations, Awards, and Commendations
SEC. 561. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the
time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards of
decorations described in this section, the award of each such decoration
having been determined by the Secretary concerned to be warranted in
accordance with section 1130 of title 10, United States Code.
(b) Distinguished <<NOTE: Applicability.>> 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.
(c) Coast <<NOTE: Applicability.>> Guard Commendation Medal.--
Subsection (a) applies to the award of the Coast Guard Commendation
Medal to Mark H. Freeman, of Seattle, Washington for heroic achievement
[[Page 113 STAT. 621]]
performed in a manner above that normally to be expected during rescue
operations for the S.S. Seagate, in September 1956, while serving as a
member of the Coast Guard at Gray Harbor Lifeboat Station, Westport,
Washington.
SEC. 562. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ALFRED RASCON
FOR VALOR DURING THE VIETNAM CONFLICT.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Army, the President may award the
Medal of Honor under section 3741 of that title to Alfred Rascon, of
Laurel, Maryland, for the acts of valor described in subsection (b).
(b) Action Described.--The acts of valor referred to in subsection
(a) are the actions of Alfred Rascon on March 16, 1966, as an Army
medic, serving in the grade of Specialist Four in the Republic of
Vietnam with the Reconnaissance Platoon, Headquarters Company, 1st
Battalion, 503rd Infantry, 173rd Airborne Brigade (Separate), during a
combat operation known as Silver City.
SEC. 563. ELIMINATION OF CURRENT BACKLOG OF REQUESTS FOR
REPLACEMENT OF MILITARY DECORATIONS.
(a) Elimination of Current Backlog.--The Secretary of Defense shall
eliminate the backlog (as of the date of the enactment of this Act) of
requests made to the Department of Defense for the issuance or
replacement of military decorations for members or former members of the
Armed Forces.
(b) Condition.--The Secretary shall allocate funds and other
resources in order to carry out subsection (a) in a manner that does not
detract from the performance of other personnel service and personnel
support activities within the Department of Defense.
(c) Report.--Not <<NOTE: Deadline.>> later than 45 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report on the status of the elimination of the backlog
described in subsection (a). The report shall include a plan for
preventing accumulation of backlogs in the future.
(d) Decoration Defined.--For the purposes of this section, the term
``decoration'' means a medal or other decoration that a member or former
member of the Armed Forces was awarded by the United States with respect
to service in the Armed Forces.
SEC. 564. RETROACTIVE AWARD OF NAVY COMBAT ACTION RIBBON.
The Secretary of the Navy may award the Navy Combat Action Ribbon
(established by Secretary of the Navy Notice 1650, dated February 17,
1969) to a member of the Navy or Marine Corps for participation in
ground or surface combat during any period on or after December 7, 1941,
and before March 1, 1961 (the date of the otherwise applicable
limitation on retroactivity for the award of such decoration), if the
Secretary determines that the member has not been previously recognized
in an appropriate manner for such participation.
SEC. 565. SENSE OF CONGRESS CONCERNING PRESIDENTIAL UNIT CITATION
FOR CREW OF THE U.S.S. INDIANAPOLIS.
(a) Findings.--Congress reaffirms the findings made in section
1052(a) of the National Defense Authorization Act for Fiscal Year
[[Page 113 STAT. 622]]
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) <<NOTE: Raymond Spruance. William F. Halsey.>> 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.--(1) It is the sense of Congress that the
President should award a Presidential Unit Citation to the crew of the
U.S.S. INDIANAPOLIS (CA-35) in recognition of the courage and skill
displayed by the members of the crew of that vessel throughout World War
II.
(2) A citation described in paragraph (1) may be awarded 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 H--Matters Related to Recruiting
SEC. 571. ACCESS TO SECONDARY SCHOOL STUDENTS FOR MILITARY
RECRUITING PURPOSES.
Section 503 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(c) Each local educational agency is requested to provide to the
Department of Defense, upon a request made for military recruiting
purposes, the same access to secondary school students, and to directory
information concerning such students, as is provided generally to post-
secondary educational institutions or to prospective employers of those
students.''.
[[Page 113 STAT. 623]]
SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED ENTRY PERIOD FOR
ENLISTMENTS OF PERSONS WITH NO PRIOR
MILITARY SERVICE.
(a) Maximum Period of Extension.--Section 513(b)(1) of title 10,
United States Code, is amended by striking ``180 days'' in the second
sentence and inserting ``365 days''.
(b) Effective <<NOTE: Applicability. 10 USC 513 note.>> Date.--The
amendment made by subsection (a) shall take effect on October 1, 1999,
and shall apply with respect to enlistments entered into, on or after
that date.
SEC. 573. <<NOTE: 10 USC 513 note.>> ARMY COLLEGE FIRST PILOT PROGRAM.
(a) Program Required.--The Secretary of the Army shall establish a
pilot program (to be known as the ``Army College First'' program) to
assess whether the Army could increase the number of, and the level of
the qualifications of, persons entering the Army as enlisted members by
encouraging recruits to pursue higher education or vocational or
technical training before entry into active service in the Army.
(b) Delayed Entry With Allowance for Higher Education.--Under the
pilot program, the Secretary may exercise the authority under section
513 of title 10, United States Code--
(1) to accept the enlistment of a person as a Reserve for
service in the Selected Reserve or Individual Ready Reserve of
the Army Reserve or, notwithstanding the scope of the authority
under subsection (a) of that section, in the Army National Guard
of the United States;
(2) to authorize, notwithstanding the period limitation in
subsection (b) of that section, a delay of the enlistment of any
such person in a regular component under that subsection for the
period during which the person is enrolled in, and pursuing a
program of education at, an institution of higher education, or
a program of vocational or technical training, on a full-time
basis that is to be completed within two years after the date of
such enlistment as a Reserve under paragraph (1); and
(3) in the case of a person enlisted in a reserve component
for service in the Individual Ready Reserve, pay an allowance to
the person for each month of that period.
(c) Maximum Period of Delay.--The period of delay authorized a
person under paragraph (2) of subsection (b) may not exceed the two-year
period beginning on the date of the person's enlistment accepted under
paragraph (1) of such subsection.
(d) Amount of Allowance.--(1) The monthly allowance paid under
subsection (b)(3) is $150. The allowance may not be paid for more than
24 months.
(2) An allowance under this section is in addition to any other pay
or allowance to which a member of a reserve component is entitled by
reason of participation in the Ready Reserve of that component.
(e) Comparison Group.--To perform the assessment under subsection
(a), the Secretary may define and study any group not including persons
receiving a benefit under subsection (b) and compare that group with any
group or groups of persons who receive such benefits under the pilot
program.
(f) Duration of Pilot Program.--The pilot program shall be in effect
during the period beginning on October 1, 1999, and ending on September
30, 2004.
[[Page 113 STAT. 624]]
(g) Report.--Not <<NOTE: Deadline.>> later than February 1, 2004,
the Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the pilot program.
The report shall include the following:
(1) The assessment of the Secretary regarding the value of
the authority under this section for achieving the objectives of
increasing the number of, and the level of the qualifications
of, persons entering the Army as enlisted members.
(2) Any recommendation for legislation or other action that
the Secretary considers appropriate to achieve those objectives
through grants of entry delays and financial benefits for
advanced education and training of recruits.
SEC. 574. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS
PURPOSES.
(a) Authority.--Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2257. Use of recruiting materials for public relations
``The Secretary of Defense may use for public relations purposes of
the Department of Defense any advertising materials developed for use
for recruitment and retention of personnel for the armed forces. Any
such use shall be under such conditions and subject to such restrictions
as the Secretary of Defense shall prescribe.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2257. Use of recruiting materials for public relations.''.
Subtitle I--Matters Relating to Missing Persons
SEC. 575. NONDISCLOSURE OF DEBRIEFING INFORMATION ON CERTAIN
MISSING PERSONS PREVIOUSLY RETURNED TO
UNITED STATES CONTROL.
Section 1506 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Nondisclosure of Certain Information.--A record of the content
of a debriefing of a missing person returned to United States control
during the period beginning on July 8, 1959, and ending on February 10,
1996, that was conducted by an official of the United States authorized
to conduct the debriefing is privileged information and, notwithstanding
sections 552 and 552a of title 5, may not be disclosed, in whole or in
part, under either such section. However, this subsection does not limit
the responsibility of the Secretary concerned under paragraphs (2) and
(3) of subsection (d) to place extracts of non-derogatory information,
or a notice of the existence of such information, in the personnel file
of a missing person.''.
SEC. 576. RECOVERY <<NOTE: 10 USC 1501 note.>> AND IDENTIFICATION
OF REMAINS OF CERTAIN WORLD WAR II
SERVICEMEN LOST IN PACIFIC THEATER OF
OPERATIONS.
(a) Recovery of Remains.--(1) The Secretary of Defense shall make
every reasonable effort to search for, recover, and identify
[[Page 113 STAT. 625]]
the remains of United States servicemen lost in the Pacific theater of
operations during World War II (including in New Guinea) while engaged
in flight operations.
(2) In order to provide high priority to carrying out paragraph (1),
the Secretary of Defense shall consider increasing the number of
personnel assigned to the Central Identification Laboratory, Hawaii.
(3) <<NOTE: Deadline. Reports.>> Not later than September 30, 2000,
the Secretary shall submit to Congress a report setting forth the
efforts made to accomplish the objectives specified in paragraph (1).
The Secretary shall include in the report a statement of the backlog of
cases at the Central Identification Laboratory, Hawaii, shown by
conflict, and the status of the joint manning plan required by section
566(c) of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2029)
(b) Diplomatic Intervention if Required.--The Secretary of State,
upon request by the Secretary of Defense, shall work with officials of
governments of nations in the area that was covered by the Pacific
theater of operations of World War II to seek to overcome any diplomatic
obstacles that may impede the Secretary of Defense from carrying out the
objectives specified in subsection (a)(1).
Subtitle J--Other Matters
SEC. 577. AUTHORITY FOR SPECIAL COURTS-MARTIAL TO IMPOSE SENTENCES
TO CONFINEMENT AND FORFEITURES OF PAY OF
UP TO ONE YEAR.
(a) Maximum Punishments That May Be Adjudged by a Special Court-
Martial.--Section 819 of title 10, United States Code (article 19 of the
Uniform Code of Military Justice), is amended--
(1) in the second sentence, by striking ``six months'' both
places it appears and inserting ``one year''; and
(2) in the third sentence, by inserting after ``A bad
conduct discharge'' the following: ``, confinement for more than
six months, or forfeiture of pay for more than six months''.
(b) Effective <<NOTE: Applicability. 10 USC 819 note.>> Date.--The
amendments made by subsection (a) shall take effect on the first day of
the sixth month beginning after the date of the enactment of this Act
and shall apply with respect to charges referred on or after that
effective date to trial by special courts-martial.
SEC. 578. FUNERAL HONORS DETAILS FOR FUNERALS OF VETERANS.
(a) Responsibility of Secretary of Defense.--(1) Subsection (a) of
section 1491 of title 10, United States Code, is amended to read as
follows:
``(a) Availability of Funeral Honors Detail Ensured.--The Secretary
of Defense shall ensure that, upon request, a funeral honors detail is
provided for the funeral of any veteran.''.
(2) <<NOTE: Applicability. Effective date. 10 USC 1491
note.>> Section 1491(a) of title 10, United States Code, as amended by
paragraph (1), shall apply with respect to funerals that occur after
December 31, 1999.
(b) Composition of Funeral Honors Details.--(1) Subsection (b) of
such section is amended--
[[Page 113 STAT. 626]]
(A) by striking ``Honor Guard Details.--'' and inserting
``Funeral Honors Details.--(1)'';
(B) by striking ``an honor guard detail'' and inserting ``a
funeral honors detail''; and
(C) by striking ``not less than three persons'' and all that
follows and inserting ``two or more persons.''.
(2) Subsection (c) of such section is amended--
(A) by striking ``(c) Persons Forming Honor Guards.--An
honor guard detail'' and inserting ``(2) At least two members of
the funeral honors detail for a veteran's funeral shall be
members of the armed forces, at least one of whom shall be a
member of the armed force of which the veteran was a member. The
remainder of the detail''; and
(B) by striking the second sentence and inserting the
following: ``Each member of the armed forces in the detail shall
wear the uniform of the member's armed force while serving in
the detail.''.
(c) Ceremony, Support, and Waiver.--Such section is further
amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Ceremony.--A funeral honors detail shall, at a minimum,
perform at the funeral a ceremony that includes the folding of a United
States flag and presentation of the flag to the veteran's family and the
playing of Taps. Unless a bugler is a member of the detail, the funeral
honors detail shall play a recorded version of Taps using audio
equipment which the detail shall provide if adequate audio equipment is
not otherwise available for use at the funeral.
``(d) Support.--To provide a funeral honors detail under this
section, the Secretary of a military department may provide the
following:
``(1) Transportation, or reimbursement for transportation,
and expenses for a person who participates in the funeral honors
detail and is not a member of the armed forces or an employee of
the United States.
``(2) Materiel, equipment, and training for members of a
veterans organization or other organization referred to in
subsection (b)(2).
``(e) Waiver Authority.--(1) The Secretary of Defense may waive any
requirement provided in or pursuant to this section when the Secretary
considers it necessary to do so to meet the requirements of war,
national emergency, or a contingency operation or other military
requirements. The authority to make such a waiver may not be delegated
to an official of a military department other than the Secretary of the
military department and may not be delegated within the Office of the
Secretary of Defense to an official at a level below Under Secretary of
Defense.
``(2) <<NOTE: Notification.>> Before or promptly after granting a
waiver under paragraph (1), the Secretary shall transmit a notification
of the waiver to the Committees on Armed Services of the Senate and
House of Representatives.''.
(d) Regulations.--Subsection (f) of such section, as redesignated by
subsection (d)(1), is amended to read as follows:
[[Page 113 STAT. 627]]
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section. Those regulations shall include
the following:
``(1) A system for selection of units of the armed forces
and other organizations to provide funeral honors details.
``(2) Procedures for responding and coordinating responses
to requests for funeral honors details.
``(3) Procedures for establishing standards and protocol.
``(4) Procedures for providing training and ensuring quality
of performance.''.
(e) Inclusion of Certain Members of the Selected Reserve in Persons
Eligible for Funeral Honors.--Subsection (h) of such section, as
redesignated by subsection (d)(1), is amended to read as follows:
``(h) Veteran Defined.--In this section, the term `veteran' means a
decedent who--
``(1) served in the active military, naval, or air service
(as defined in section 101(24) of title 38) and who was
discharged or released therefrom under conditions other than
dishonorable; or
``(2) was a member or former member of the Selected Reserve
described in section 2301(f) of title 38.''.
(f) Authority To Accept Voluntary Services.--Section 1588(a) of such
title is amended by adding at the end the following new paragraph:
``(4) Voluntary services as a member of a funeral honors
detail under section 1491 of this title.''.
(g) Duty Status of Reserves in Funeral Honors Details.--(1) Section
114 of title 32, United States Code, is amended--
(A) by striking ``honor guard functions'' both places it
appears and inserting ``funeral honors functions''; and
(B) by striking ``drill or training otherwise required'' and
inserting ``drill or training, but may be performed as funeral
honors duty under section 115 of this title''.
(2) Chapter 1 of such title is amended by adding at the end the
following new section:
``Sec. 115. Funeral honors duty performed as a Federal function
``(a) Order to Duty.--A member of the Army National Guard of the
United States or the Air National Guard of the United States may be
ordered to funeral honors duty, with the consent of the member, to
prepare for or perform funeral honors functions at the funeral of a
veteran under section 1491 of title 10. However, a member of the Army
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) Service Credit.--A member ordered to funeral honors duty under
this section shall be required to perform a minimum of two hours of such
duty in order to receive--
``(1) service credit under section 12732(a)(2)(E) of title
10; and
``(2) if authorized by the Secretary concerned, the
allowance under section 435 of title 37.
``(c) Reimbursable Expenses.--A member who performs funeral honors
duty under this section may be reimbursed for
[[Page 113 STAT. 628]]
travel and transportation expenses incurred in conjunction with such
duty as authorized under chapter 7 of title 37 if such duty is performed
at a location 50 miles or more from the member's residence.
``(d) Regulations.--The exercise of authority under subsection (a)
is subject to regulations prescribed by the Secretary of Defense.''.
(3) Chapter 1213 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 12503. Ready Reserve: funeral honors duty
``(a) Order to Duty.--A member of the Ready Reserve may be ordered
to funeral honors duty, with the consent of the member, in preparation
for or to perform funeral honors functions at the funeral of a veteran
as defined in section 1491 of this title.
``(b) Service Credit.--A member ordered to funeral honors duty under
this section shall be required to perform a minimum of two hours of such
duty in order to receive--
``(1) service credit under section 12732(a)(2)(E) of this
title; and
``(2) if authorized by the Secretary concerned, the
allowance under section 435 of title 37.
``(c) Reimbursable Expenses.--A member who performs funeral honors
duty under this section may be reimbursed for travel and transportation
expenses incurred in conjunction with such duty as authorized under
chapter 7 of title 37 if such duty is performed at a location 50 miles
or more from the member's residence.
``(d) Regulations.--The exercise of authority under subsection (a)
is subject to regulations prescribed by the Secretary of Defense.
``(e) Members of the National Guard.--This section does not apply to
members of the Army National Guard of the United States or the Air
National Guard of the United States. The performance of funeral honors
duty by those members is provided for in section 115 of title 32.''.
(4) Section 12552 of title 10, United States Code, is amended to
read as follows:
``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(h) of this title) may
not be considered to be a period of drill or training, but may be
performed as funeral honors duty under section 12503 of this title''.
(h) Crediting for Reserve Retirement Purposes.--(1) Section
12732(a)(2) of such title is amended--
(A) by inserting after subparagraph (D) the following new
subparagraph:
``(E) One point for each day on which funeral honors
duty is performed for at least two hours under section
12503 of this title or section 115 of title 32, unless
the duty is performed while in a status for which credit
is provided under another subparagraph of this
paragraph.''; and
(B) by striking ``, and (D)'' in the last sentence and
inserting ``, (D), and (E)''.
(2) Section 12733 of such title is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
[[Page 113 STAT. 629]]
(B) by inserting after paragraph (3) the following new
paragraph (4):
``(4) One day for each point credited to the person under
subparagraph (E) of section 12732(a)(2) of this title.''.
(i) Benefits for Members in Funeral Honors Duty Status.--(1) Section
1074a(a) of such title is amended--
(A) in each of paragraphs (1) and (2)--
(i) by striking ``or'' at the end of subparagraph
(A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) service on funeral honors duty under section
12503 of this title or section 115 of title 32.''; and
(B) by adding at the end the following new paragraph:
``(4) Each member of the armed forces who incurs or
aggravates an injury, illness, or disease in the line of duty
while remaining overnight immediately before serving on funeral
honors duty under section 12503 of this title or section 115 of
title 32 at or in the vicinity of the place at which the member
was to so serve, if the place is outside reasonable commuting
distance from the member's residence.''.
(2) Section 1076(a)(2) of such title is amended by adding at the end
the following new subparagraph:
``(E) A member who died from an injury, illness, or disease
incurred or aggravated while the member--
``(i) was serving on funeral honors duty under
section 12503 of this title or section 115 of title 32;
``(ii) was traveling to or from the place at which
the member was to so serve; or
``(iii) remained overnight at or in the vicinity of
that place immediately before so serving, if the place
is outside reasonable commuting distance from the
member's residence.''.
(3) Section 1204(2) of such title is amended--
(A) by striking ``or'' at the end of subparagraph (A);
(B) by inserting ``or'' after the semicolon at the end of
subparagraph (B); and
(C) by adding at the end the following new subparagraph:
``(C) is a result of an injury, illness, or disease
incurred or aggravated in line of duty--
``(i) while the member was serving on funeral
honors duty under section 12503 of this title or
section 115 of title 32;
``(ii) while the member was traveling to or
from the place at which the member was to so
serve; or
``(iii) while the member remained overnight at
or in the vicinity of that place immediately
before so serving, if the place is outside
reasonable commuting distance from the member's
residence;''.
(4) Paragraph (2) of section 1206 of such title is amended to read
as follows:
``(2) the disability is a result of an injury, illness, or
disease incurred or aggravated in line of duty--
``(A) while--
``(i) performing active duty or inactive-duty
training;
[[Page 113 STAT. 630]]
``(ii) traveling directly to or from the place
at which such duty is performed; or
``(iii) remaining overnight immediately before
the commencement of inactive-duty training, or
while remaining overnight between successive
periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty
training, if the site is outside reasonable
commuting distance of the member's residence; or
``(B) while the member--
``(i) was serving on funeral honors duty under
section 12503 of this title or section 115 of
title 32;
``(ii) was traveling to or from the place at
which the member was to so serve; or
``(iii) remained overnight at or in the
vicinity of that place immediately before so
serving, if the place is outside reasonable
commuting distance from the member's residence;''.
(5) Section 1481(a)(2) of such title is amended--
(A) by striking ``or'' at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph (E)
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(F) either--
``(i) serving on funeral honors duty under
section 12503 of this title or section 115 of
title 32;
``(ii) traveling directly to or from the place
at which the member is to so serve; or
``(iii) remaining overnight at or in the
vicinity of that place before so serving, if the
place is outside reasonable commuting distance
from the member's residence.''.
(j) Funeral Honors Duty Allowance.--Chapter 4 of title 37, United
States Code, is amended by adding at the end the following new section:
``Sec. 435. Funeral honors duty: allowance
``(a) Allowance Authorized.--The Secretary concerned may authorize
payment of an allowance to a member of the Ready Reserve for any day on
which the member performs at least two hours of funeral honors duty
pursuant to section 12503 of title 10 or section 115 of title 32.
``(b) Amount.--The daily rate of an allowance under this section is
$50.
``(c) Full Compensation.--Except for expenses reimbursed under
subsection (c) of section 12503 of title 10 or subsection (c) of section
115 of title 32, the allowance paid under this section is the only
monetary compensation authorized to be paid a member for the performance
of funeral honors duty pursuant to such section, regardless of the grade
in which the member is serving, and shall constitute payment in full to
the member.''.
(k) Clerical Amendments.--(1) The heading for section 1491 of title
10, United States Code, is amended to read as follows:
[[Page 113 STAT. 631]]
``Sec. 1491. Funeral honors functions at funerals for veterans''.
(2)(A) The item relating to section 1491 in the table of sections at
the beginning of chapter 75 of title 10, United States Code, is amended
to read as follows:
``1491. Funeral honors functions at funerals for veterans.''.
(B) The table of sections at the beginning of chapter 1213 of such
title is amended by adding at the end the following new item:
``12503. Ready Reserve: funeral honors duty.''.
(C) The item relating to section 12552 in the table of sections at
the beginning of chapter 1215 of such title is amended to read as
follows:
``12552. Funeral honors functions at funerals for veterans.''.
(3)(A) The heading for section 114 of title 32, United States Code,
is amended to read as follows:
``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 new items:
``114. Funeral honors functions at funerals for veterans.
``115. Funeral honors duty performed as a Federal function.''.
(4) The table of sections at the beginning of chapter 4 of title 37,
United States Code, is amended by adding at the end the following new
item:
``435. Funeral honors duty: allowance.''.
SEC. 579. PURPOSE AND FUNDING LIMITATIONS FOR NATIONAL GUARD
CHALLENGE PROGRAM.
(a) Program Authority and Purpose.--Subsection (a) of 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. 580. DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) Program Authority.--Chapter 111 of title 10, United States Code,
is amended by inserting after section 2193 the following new section:
[[Page 113 STAT. 632]]
``Sec. 2193b. Improvement of education in technical fields:
program for support of elementary and
secondary education in science, mathematics,
and technology
``(a) Authority for Program.--The Secretary of Defense may conduct a
science, mathematics, and technology education improvement program known
as the `Department of Defense STARBASE Program'. The Secretary shall
carry out the program in coordination with the Secretaries of the
military departments.
``(b) Purpose.--The purpose of the program is to improve knowledge
and skills of students in kindergarten through twelfth grade in
mathematics, science, and technology.
``(c) STARBASE Academies.--(1) The Secretary shall provide for the
establishment of at least 25 academies under the program.
``(2) The Secretary of Defense shall establish guidelines, criteria,
and a process for the establishment of STARBASE programs in addition to
those in operation on the date of the enactment of this section.
``(3) The Secretary may support the establishment and operation of
any academy in excess of two academies in a State only if the Secretary
has first authorized in writing the establishment of the academy and the
costs of the establishment and operation of the academy are paid out of
funds provided by sources other than the Department of Defense. Any such
costs that are paid out of appropriated funds shall be considered as
paid out of funds provided by such other sources if such sources fully
reimburse the United States for the costs.
``(d) Persons <<NOTE: Standards.>> Eligible To Participate in
Program.--The Secretary shall prescribe standards and procedures for
selection of persons for participation in the program.
``(e) Regulations.--The Secretary of Defense shall prescribe
regulations governing the conduct of the program.
``(f) Authority to Accept Financial and Other Support.--The
Secretary of Defense and the Secretaries of the military departments may
accept financial and other support for the program from other
departments and agencies of the Federal Government, State governments,
local governments, and not-for-profit and other organizations in the
private sector.
``(g) Annual <<NOTE: Deadline.>> Report.--Not later than 90 days
after the end of each fiscal year, the Secretary of Defense shall submit
to Congress a report on the program under this section. The report shall
contain a discussion of the design and conduct of the program and an
evaluation of the effectiveness of the program.
``(h) State Defined.--In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, and Guam.''.
(b) Existing <<NOTE: 10 USC 2193b note.>> STARBASE Academies.--While
continuing in operation, the academies existing on the date of the
enactment of this Act under the Department of Defense STARBASE Program,
as such program is in effect on such date, shall be counted for the
purpose of meeting the requirement under section 2193b(c)(1) of title
10, United States Code (as added by subsection (a)), relating to the
minimum number of STARBASE academies.
(c) Reorganization of Chapter.--Chapter 111 of title 10, United
States Code, as amended by subsection (a), is further amended--
[[Page 113 STAT. 633]]
(1) by inserting after section 2193 and before the section
2193b added by subsection (a) the following:
``Sec. 2193a. Improvement of education in technical fields:
general authority for support of elementary
and secondary education in science and
mathematics'';
(2) by transferring subsection (b) of section 2193 to
section 2193a (as added by paragraph (1)), inserting such
subsection after the heading for section 2193a, and striking out
``(b)''; and
(3) by redesignating subsection (c) of section 2193 as
subsection (b).
(d) Clerical Amendments.--(1) The heading for section 2192 of such
title is amended to read as follows:
``Sec. 2192. Improvement of education in technical fields: general
authority regarding education in science,
mathematics, and engineering''.
(2) The heading for section 2193 is amended to read as follows:
``Sec. 2193. Improvement of education in technical fields: grants
for higher education in science and
mathematics''.
(3) The table of sections at the beginning of such chapter is
amended by striking the items relating to sections 2192 and 2193 and
inserting the following:
``2192. Improvement of education in technical fields: general authority
regarding education in science, mathematics, and
engineering.
``2193. Improvement of education in technical fields: grants for higher
education in science and mathematics.
``2193a. Improvement of education in technical fields: general authority
for support of elementary and secondary education in
science and mathematics.
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in science,
mathematics, and technology.''.
SEC. 581. SURVEY <<NOTE: 10 USC 113 note.>> OF MEMBERS LEAVING
MILITARY SERVICE ON ATTITUDES TOWARD
MILITARY SERVICE.
(a) Exit Survey.--The Secretary of Defense shall develop and
implement, as part of outprocessing activities, a survey on attitudes
toward military service to be completed by all members of the Armed
Forces who during the period beginning on January 1, 2000, and ending on
June 30, 2000, are voluntarily discharged or separated from the Armed
Forces or transfer from a regular component to a reserve component.
(b) Matters To Be Covered.--The survey shall, at a minimum, cover
the following subjects:
(1) Reasons for leaving military service.
(2) Command climate.
(3) Attitude toward leadership.
(4) Attitude toward pay and benefits.
(5) Job satisfaction during service as a member of the Armed
Forces.
(6) Plans for activities after separation (such as
enrollment in school, use of Montgomery GI Bill benefits, and
work).
(7) Affiliation with a reserve component, together with the
reasons for affiliating or not affiliating, as the case may be.
[[Page 113 STAT. 634]]
(8) Such other matters as the Secretary determines
appropriate to the survey concerning reasons why military
personnel are leaving military service.
(c) Report <<NOTE: Deadline.>> to Congress.--Not later than October
1, 2000, the Secretary shall submit to Congress a report containing the
results of the survey under subsection (a). The Secretary shall compile
the information in the report so as to assist in assessing reasons why
military personnel are leaving military service.
SEC. 582. SERVICE REVIEW AGENCIES COVERED BY PROFESSIONAL STAFFING
REQUIREMENT.
Section 1555(c)(2) of title 10, United States Code, is amended by
inserting ``the Navy Council of Personnel Boards and'' after
``Department of the Navy,''.
SEC. 583. PARTICIPATION OF MEMBERS IN MANAGEMENT OF ORGANIZATIONS
ABROAD THAT PROMOTE INTERNATIONAL
UNDERSTANDING.
Section 1033(b)(3) of title 10, United States Code, is amended by
inserting after subparagraph (D) the following new subparagraph:
``(E) An entity that, operating in a foreign nation where
United States military personnel are serving at United States
military activities, promotes understanding and tolerance
between such personnel (and their families) and the citizens of
that host foreign nation through programs that foster social
relations between those persons.''.
SEC. 584. SUPPORT FOR EXPANDED CHILD CARE SERVICES AND YOUTH
PROGRAM SERVICES FOR DEPENDENTS.
(a) Authority.--(1) Subchapter II of chapter 88 of title 10, United
States Code, is amended--
(A) by redesignating section 1798 as section 1800; and
(B) by inserting after section 1797 the following new
sections:
``Sec. 1798. Child care services and youth program services for
dependents: financial assistance for providers
``(a) Authority.--The Secretary of Defense may provide financial
assistance to an eligible civilian provider of child care services or
youth program services that furnishes such services for members of the
armed forces and employees of the United States if the Secretary
determines that providing such financial assistance--
``(1) is in the best interest of the Department of Defense;
``(2) enables supplementation or expansion of furnishing of
child care services or youth program services for military
installations, while not supplanting or replacing such services;
and
``(3) ensures that the eligible provider is able to comply,
and does comply, with the regulations, policies, and standards
of the Department of Defense that are applicable to the
furnishing of such services.
``(b) Eligible Providers.--A provider of child care services or
youth program services is eligible for financial assistance under this
section if the provider--
``(1) is licensed to provide those services under applicable
State and local law;
[[Page 113 STAT. 635]]
``(2) has previously provided such services for members of
the armed forces or employees of the United States; and
``(3) either--
``(A) is a family home day care provider; or
``(B) is a provider of family child care services
that--
``(i) otherwise provides federally funded or
sponsored child development services;
``(ii) provides the services in a child
development center owned and operated by a
private, not-for-profit organization;
``(iii) provides before-school or after-school
child care program in a public school facility;
``(iv) conducts an otherwise federally funded
or federally sponsored school age child care or
youth services program;
``(v) conducts a school age child care or
youth services program that is owned and operated
by a not-for-profit organization; or
``(vi) is a provider of another category of
child care services or youth services determined
by the Secretary of Defense as appropriate for
meeting the needs of members of the armed forces
or employees of the Department of Defense.
``(c) Funding.--To provide financial assistance under this
subsection, the Secretary of Defense may use any funds appropriated to
the Department of Defense for operation and maintenance.
``(d) Biennial Report.--(1) Every two years the Secretary of Defense
shall submit to Congress a report on the exercise of authority under
this section. The report shall include an evaluation of the
effectiveness of that authority for meeting the needs of members of the
armed forces or employees of the Department of Defense for child care
services and youth program services. The report may include any
recommendations for legislation that the Secretary considers appropriate
to enhance the capability of the Department of Defense to meet those
needs.
``(2) A biennial report under this subsection may be combined with
the biennial report under section 1799(d) of this title into a single
report for submission to Congress.
``Sec. 1799. Child care services and youth program services for
dependents: participation by children and youth
otherwise ineligible
``(a) Authority.--The Secretary of Defense may authorize
participation in child care or youth programs of the Department of
Defense, to the extent of the availability of space and services, by
children and youth under the age of 19 who are not dependents of members
of the armed forces or of employees of the Department of Defense and are
not otherwise eligible for participation in those programs.
``(b) Limitation.--Authorization of participation in a program under
subsection (a) shall be limited to situations in which that
participation promotes the attainment of the objectives set forth in
subsection (c), as determined by the Secretary.
``(c) Objectives.--The objectives for authorizing participation in a
program under subsection (a) are as follows:
``(1) To support the integration of children and youth of
military families into civilian communities.
[[Page 113 STAT. 636]]
``(2) To make more efficient use of Department of Defense
facilities and resources.
``(3) To establish or support a partnership or consortium
arrangement with schools and other youth services organizations
serving children of members of the armed forces.
``(d) Biennial Report.--(1) Every two years the Secretary of Defense
shall submit to Congress a report on the exercise of authority under
this section. The report shall include an evaluation of the
effectiveness of that authority for achieving the objectives set out
under subsection (c). The report may include any recommendations for
legislation that the Secretary considers appropriate to enhance the
capability of the Department of Defense to attain those objectives.
``(2) A biennial report under this subsection may be combined with
the biennial report under section 1798(d) of this title into a single
report for submission to Congress.''.
(2) The table of sections at the beginning of such subchapter is
amended by striking the item relating to section 1798 and inserting the
following new items:
``1798. Child care services and youth program services for dependents:
financial assistance for providers.
``1799. Child care services and youth program services for dependents:
participation by children and youth otherwise ineligible.
``1800. Definitions.''.
(b) First <<NOTE: Deadline. 10 USC 1798 note.>> Biennial Reports.--
The first biennial reports under sections 1798(d) and 1799(d) of title
10, United States Code (as added by subsection (a)), shall be submitted
not later than March 31, 2002, and shall cover fiscal years 2000 and
2001.
SEC. 585. REPORT <<NOTE: 10 USC 1071 note.>> AND REGULATIONS ON
DEPARTMENT OF DEFENSE POLICIES ON
PROTECTING THE CONFIDENTIALITY OF
COMMUNICATIONS WITH PROFESSIONALS
PROVIDING THERAPEUTIC OR RELATED SERVICES
REGARDING SEXUAL OR DOMESTIC ABUSE.
(a) Study and Report.--(1) The Comptroller General of the United
States shall study the policies, procedures, and practices of the
military departments for protecting the confidentiality of
communications between--
(A) a dependent (as defined in section 1072(2) of title 10,
United States Code, with respect to a member of the Armed
Forces) of a member of the Armed Forces who--
(i) is a victim of sexual harassment, sexual
assault, or intrafamily abuse; or
(ii) has engaged in such misconduct; and
(B) a therapist, counselor, advocate, or other professional
from whom the dependent seeks professional services in
connection with effects of such misconduct.
(2) <<NOTE: Deadline.>> Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall conclude the
study and submit a report on the results of the study to Congress and
the Secretary of Defense.
(b) Regulations.--The Secretary of Defense shall prescribe in
regulations the policies and procedures that the Secretary considers
appropriate to provide the maximum protections for the confidentiality
of communications described in subsection (a) relating to misconduct
described in that subsection, taking into consideration--
[[Page 113 STAT. 637]]
(1) the findings of the Comptroller General;
(2) the standards of confidentiality and ethical standards
issued by relevant professional organizations;
(3) applicable requirements of Federal and State law;
(4) the best interest of victims of sexual harassment,
sexual assault, or intrafamily abuse;
(5) military necessity; and
(6) such other factors as the Secretary, in consultation
with the Attorney General, may consider appropriate.
(c) Report <<NOTE: Deadline.>> by Secretary of Defense.--Not later
than January 21, 2000, the Secretary of Defense shall submit to Congress
a report on the actions taken under subsection (b) and any other actions
taken by the Secretary to provide the maximum possible protections for
confidentiality described in that subsection.
SEC. 586. MEMBERS UNDER BURDENSOME PERSONNEL TEMPO.
(a) Management of Deployments of Individual Members.--Part II of
subtitle A of title 10, United States Code, is amended by inserting
after chapter 49 the following new chapter:
``CHAPTER 50--MISCELLANEOUS COMMAND RESPONSIBILITIES
``Sec.
``991. Management of deployments of members.
``Sec. 991. Management of deployments of members
``(a) General or Flag Officer Responsibilities.--(1) The deployment
(or potential deployment) of a member of the armed forces shall be
managed, during any period when the member is a high-deployment days
member, by the officer in the chain of command of that member who is the
lowest-ranking general or flag officer in that chain of command. That
officer shall ensure that the member is not deployed, or continued in a
deployment, on any day on which the total number of days on which the
member has been deployed out of the preceding 365 days would exceed 220
unless an officer in the grade of general or admiral in the member's
chain of command approves the deployment, or continued deployment, of
the member.
``(2) In this section, the term `high-deployment days member' means
a member who has been deployed 182 days or more out of the preceding 365
days.
``(b) Deployment Defined.--(1) For the purposes of this section, a
member of the armed forces shall be considered to be deployed or in a
deployment on any day on which, pursuant to orders, the member is
performing service in a training exercise or operation at a location or
under circumstances that make it impossible or infeasible for the member
to spend off-duty time in the housing in which the member resides when
on garrison duty at the member's permanent duty station.
``(2) For the purposes of this section, a member is not deployed or
in a deployment when the member is--
``(A) performing service as a student or trainee at a school
(including any Government school); or
``(B) performing administrative, guard, or detail duties in
garrison at the member's permanent duty station.
``(3) The Secretary of Defense may prescribe a definition of
deployment for the purposes of this section other than the definition
[[Page 113 STAT. 638]]
specified in paragraphs (1) and (2). Any such definition may not take
effect until 90 days after the date on which the Secretary notifies the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives of the revised standard
definition of deployment.
``(c) Recordkeeping.--The Secretary of each military department
shall establish a system for tracking and recording the number of days
that each member of the armed forces under the jurisdiction of the
Secretary is deployed.
``(d) National Security Waiver Authority.--The Secretary of the
military department concerned may suspend the applicability of this
section to a member or any group of members under the Secretary's
jurisdiction when the Secretary determines that such a waiver is
necessary in the national security interests of the United States.
``(e) Inapplicability to Coast Guard.--This section does not apply
to a member of the Coast Guard when the Coast Guard is not operating as
a service in the Navy.''.
(b) Per Diem Allowance for Lengthy or Numerous Deployments.--Chapter
7 of title 37, United States Code, is amended by adding at the end the
following new section:
``Sec. 435. Per diem allowance for lengthy or numerous deployments
``(a) Per Diem Required.--The Secretary of the military department
concerned shall pay a high-deployment per diem allowance to a member of
the armed forces under the Secretary's jurisdiction for each day on
which the member (1) is deployed, and (2) has, as of that day, been
deployed 251 days or more out of the preceding 365 days.
``(b) Definition of Deployed.--In this section, the term `deployed',
with respect to a member, means that the member is deployed or in a
deployment within the meaning of section 991(b) of title 10 (including
any definition of `deployment' prescribed under paragraph (3) of that
section).
``(c) Amount of Per Diem.--The amount of the high-deployment per
diem payable to a member under this section is $100.
``(d) Payment of Claims.--A claim of a member for payment of the
high-deployment per diem allowance that is not fully substantiated by
the recordkeeping system applicable to the member under section 991(c)
of title 10 shall be paid if the member furnishes the Secretary
concerned with other evidence determined by the Secretary as being
sufficient to substantiate the claim.
``(e) Relationship to Other Allowances.--A high-deployment per diem
payable to a member under this section is in addition to any other pay
or allowance payable to the member under any other provision of law.
``(f) National Security Waiver.--No per diem may be paid under this
section to a member for any day on which the applicability of section
991 of title 10 to the member is suspended under subsection (d) of that
section.''.
(c) Clerical Amendments.--(1) The tables of chapters at the
beginning of subtitle A of title 10, United States Code, and the
beginning of part II of such subtitle are amended by inserting after the
item relating to chapter 49 the following new item:
``50. Miscellaneous Command Responsibilities......................991''.
[[Page 113 STAT. 639]]
(2) The table of sections at the beginning of chapter 7 of title 37,
United States Code, is amended by inserting after the item relating to
section 434 the following new item:
``435. Per diem allowance for lengthy or numerous deployments.''.
(d) Effective <<NOTE: 10 USC 991 note.>> Date.--(1) Section 991 of
title 10, United States Code (as added by subsection (a)), shall take
effect on October 1, 2000. No day on which a member of the Armed Forces
is deployed (as defined in subsection (b) of that section) before that
date may be counted in determining the number of days on which a member
has been deployed for purposes of that section.
(2) <<NOTE: 37 USC 435 note.>> Section 435 of title 37, United
States Code (as added by subsection (b)), shall take effect on October
1, 2001.
(e) Implementing <<NOTE: Deadline. 10 USC 991 note.>> Regulations.--
Not later than June 1, 2000, the Secretary of each military department
shall prescribe in regulations the policies and procedures for
implementing such provisions of law for that military department.
Subtitle K--Domestic Violence
SEC. 591. DEFENSE <<NOTE: 10 USC 1562 note.>> TASK FORCE ON
DOMESTIC VIOLENCE.
(a) Establishment.--The Secretary of Defense shall establish a
Department of Defense task force to be known as the Defense Task Force
on Domestic Violence.
(b) Strategic <<NOTE: Deadline.>> Plan.--Not later than 12 months
after the date on which all members of the task force have been
appointed, the task force shall submit to the Secretary of Defense a
long-term plan (referred to as a ``strategic plan'') for means by which
the Department of Defense may address matters relating to domestic
violence within the military more effectively. The plan shall include an
assessment of, and recommendations for measures to improve, the
following:
(1) Ongoing victims' safety programs.
(2) Offender accountability.
(3) The climate for effective prevention of domestic
violence.
(4) Coordination and collaboration among all military
organizations with responsibility or jurisdiction with respect
to domestic violence.
(5) Coordination between military and civilian communities
with respect to domestic violence.
(6) Research priorities.
(7) Data collection and case management and tracking.
(8) Curricula and training for military commanders.
(9) Prevention and responses to domestic violence at
overseas military installations.
(10) Other issues identified by the task force relating to
domestic violence within the military.
(c) Review of Victims' Safety Program.--The task force shall review
the efforts of the Secretary of Defense to establish a program for
improving responses to domestic violence under section 592 and shall
include in its report under subsection (e) a description of that
program, including best practices identified on installations, lessons
learned, and resulting policy recommendations.
(d) Other Task Force Reviews.--The task force shall review and make
recommendations regarding the following:
(1) Standard guidelines to be used by the Secretaries of the
military departments in negotiating agreements with
[[Page 113 STAT. 640]]
civilian law enforcement authorities relating to acts of
domestic violence involving members of the Armed Forces.
(2) A requirement (A) that when a commanding officer issues
to a member of the Armed Forces under that officer's command an
order that the member not have contact with a specified person
that a written copy of that order be provided within 24 hours
after the issuance of the order to the person with whom the
member is ordered not to have contact, and (B) that there be a
system of recording and tracking such orders.
(3) Standard guidelines on the factors for commanders to
consider when seeking to substantiate allegations of domestic
violence by a person subject to the Uniform Code of Military
Justice and when determining appropriate action for such
allegations that are so substantiated.
(4) A standard training program for all commanding officers
in the Armed Forces, including a standard curriculum, on the
handling of domestic violence cases.
(e) Annual Report.--(1) The task force shall submit to the Secretary
an annual report on its activities and on the activities of the military
departments to respond to domestic violence in the military.
(2) The first such report shall be submitted not later than the date
specified in subsection (b) and shall be submitted with the strategic
plan submitted under that subsection. The task force shall include in
that report the following:
(A) Analysis and oversight of the efforts of the military
departments to respond to domestic violence in the military and
a description of barriers to implementation of improvements in
those efforts.
(B) A description of the activities and achievements of the
task force.
(C) A description of successful and unsuccessful programs.
(D) A description of pending, completed, and recommended
Department of Defense research relating to domestic violence.
(E) Such recommendations for policy and statutory changes as
the task force considers appropriate.
(3) Each subsequent annual report shall include the following:
(A) A detailed discussion of the achievements in responses
to domestic violence in the Armed Forces.
(B) Pending research on domestic violence.
(C) Any recommendations for actions to improve the responses
of the Armed Forces to domestic violence in the Armed Forces
that the task force considers appropriate.
(4) <<NOTE: Deadline.>> Within 90 days of receipt of a report under
paragraph (2) or (3), the Secretary shall submit the report and the
Secretary's evaluation of the report to the Committees on Armed Services
of the Senate and House of Representatives. The Secretary shall include
with the report the information collected pursuant to section 1562(b) of
title 10, United States Code, as added by section 594.
(f) Membership.--(1) The task force shall consist of not more than
24 members, to be appointed by the Secretary of Defense. Members shall
be appointed from each of the Army, Navy, Air Force, and Marine Corps
and shall include an equal number of Department of Defense personnel
(military or civilian) and persons from outside the Department of
Defense. Members appointed from outside the Department of Defense may be
appointed from other
[[Page 113 STAT. 641]]
Federal departments and agencies, from State and local agencies, or from
the private sector.
(2) The Secretary shall ensure that the membership of the task force
includes a judge advocate representative from each of the Army, Navy,
Air Force, and Marine Corps.
(3)(A) In consultation with the Attorney General, the Secretary
shall appoint to the task force a representative or representatives from
the Office of Justice Programs of the Department of Justice.
(B) In consultation with the Secretary of Health and Human Services,
the Secretary shall appoint to the task force a representative from the
Family Violence Prevention and Services office of the Department of
Health and Human Services.
(4) Each member of the task force appointed from outside the
Department of Defense shall be an individual who has demonstrated
expertise in the area of domestic violence or shall be appointed from
one of the following:
(A) A national domestic violence resource center established
under section 308 of the Family Violence Prevention and Services
Act (42 U.S.C. 10407).
(B) A national sexual assault and domestic violence policy
and advocacy organization.
(C) A State domestic violence and sexual assault coalition.
(D) A civilian law enforcement agency.
(E) A national judicial policy organization.
(F) A State judicial authority.
(G) A national crime victim policy organization.
(5) <<NOTE: Deadline.>> The members of the task force shall be
appointed not later than 90 days after the date of the enactment of this
Act.
(g) Co-Chairs of the Task Force.--There shall be two co-chairs of
the task force. One of the co-chairs shall be designated by the
Secretary of Defense at the time of appointment from among the
Department of Defense personnel on the task force. The other co-chair
shall be selected from among the members appointed from outside the
Department of Defense by those members.
(h) Administrative Support.--(1) Each member of the task force shall
serve without compensation (other than the compensation to which
entitled as a member of the Armed Forces or an officer or employee of
the United States, as the case may be), but shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from the member's home or regular places
of business in the performance of services for the task force.
(2) The Assistant Secretary of Defense for Force Management Policy,
under the direction of the Under Secretary of Defense for Personnel and
Readiness, shall provide oversight of the task force. The Washington
Headquarters Service shall provide the task force with the personnel,
facilities, and other administrative support that is necessary for the
performance of the task force's duties.
(3) The Assistant Secretary shall coordinate with the Secretaries of
the military departments to provide visits of the task force to military
installations.
(i) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App) shall not apply to the task force.
(j) Termination.--The task force shall terminate three years after
the date of the enactment of this Act.
[[Page 113 STAT. 642]]
SEC. 592. INCENTIVE <<NOTE: 10 USC 1562 note.>> PROGRAM FOR
IMPROVING RESPONSES TO DOMESTIC VIOLENCE
INVOLVING MEMBERS OF THE ARMED FORCES AND
MILITARY FAMILY MEMBERS.
(a) Purpose.--The purpose of this section is to provide a program
for the establishment on military installations of collaborative
projects involving appropriate elements of the Armed Forces and the
civilian community to improve, strengthen, or coordinate prevention and
response efforts to domestic violence involving members of the Armed
Forces, military family members, and others.
(b) Program.--The Secretary of Defense shall establish a program to
provide funds and other incentives to commanders of military
installations for the following purposes:
(1) To improve coordination between military and civilian
law enforcement authorities in policies, training, and responses
to, and tracking of, cases involving military domestic violence.
(2) To develop, implement, and coordinate with appropriate
civilian authorities tracking systems (A) for protective orders
issued to or on behalf of members of the Armed Forces by
civilian courts, and (B) for orders issued by military
commanders to members of the Armed Forces ordering them not to
have contact with a dependent.
(3) To strengthen the capacity of attorneys and other legal
advocates to respond appropriately to victims of military
domestic violence.
(4) To assist in educating judges, prosecutors, and legal
offices in improved handling of military domestic violence
cases.
(5) To develop and implement more effective policies,
protocols, orders, and services specifically devoted to
preventing, identifying, and responding to domestic violence.
(6) To develop, enlarge, or strengthen victims' services
programs, including sexual assault and domestic violence
programs, developing or improving delivery of victims' services,
and providing confidential access to specialized victims'
advocates.
(7) To develop and implement primary prevention programs.
(8) To improve the response of health care providers to
incidents of domestic violence, including the development and
implementation of screening protocols.
(c) Priority.--The Secretary shall give priority in providing funds
and other incentives under the program to installations at which the
local program will emphasize building or strengthening partnerships and
collaboration among military organizations such as family advocacy
program, military police or provost marshal organizations, judge
advocate organizations, legal offices, health affairs offices, and other
installation-level military commands between those organizations and
appropriate civilian organizations, including civilian law enforcement,
domestic violence advocacy organizations, and domestic violence
shelters.
(d) Applications.--The <<NOTE: Guidelines.>> Secretary shall
establish guidelines for applications for an award of funds under the
program to carry out the program at an installation.
(e) Awards.--The Secretary shall determine the award of funds and
incentives under this section. In making a determination of the
installations to which funds or other incentives are to be provided
under the program, the Secretary shall consult with an award review
committee consisting of representatives from the Armed
[[Page 113 STAT. 643]]
Forces, the Department of Justice, the Department of Health and Human
Services, and organizations with a demonstrated expertise in the areas
of domestic violence and victims' safety.
SEC. 593. UNIFORM <<NOTE: 10 USC 1562 note.>> DEPARTMENT OF
DEFENSE POLICIES FOR RESPONSES TO DOMESTIC
VIOLENCE.
(a) Requirement.--The Secretary of Defense shall prescribe the
following:
(1) Standard guidelines to be used by the Secretaries of the
military departments for negotiating agreements with civilian
law enforcement authorities relating to acts of domestic
violence involving members of the Armed Forces.
(2) A requirement (A) that when a commanding officer issues
to a member of the Armed Forces under that officer's command an
order that the member not have contact with a specified person
that a written copy of that order be provided within 24 hours
after the issuance of the order to the person with whom the
member is ordered not to have contact, and (B) that there be a
system of recording and tracking such orders.
(3) Standard guidelines on the factors for commanders to
consider when seeking to substantiate allegations of domestic
violence by a person subject to the Uniform Code of Military
Justice and when determining appropriate action for such
allegations that are so substantiated.
(4) A standard training program for all commanding officers
in the Armed Forces, including a standard curriculum, on the
handling of domestic violence cases.
(b) Deadline.--The Secretary of Defense shall carry out subsection
(a) not later than six months after the date on which the Secretary
receives the first report of the Defense Task Force on Domestic Violence
under section 591(e).
SEC. 594. CENTRAL DEPARTMENT OF DEFENSE DATABASE ON DOMESTIC
VIOLENCE INCIDENTS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1562. Database on domestic violence incidents
``(a) Database <<NOTE: Establishment.>> on Domestic Violence
Incident.--The Secretary of Defense shall establish a central database
of information on the incidents of domestic violence involving members
of the armed forces.
``(b) Reporting of Information for the Database.--The Secretary
shall require that the Secretaries of the military departments maintain
and report annually to the administrator of the database established
under subsection (a) any information received on the following matters:
``(1) Each domestic violence incident reported to a
commander, a law enforcement authority of the armed forces, or a
family advocacy program of the Department of Defense.
``(2) The number of those incidents that involve evidence
determined sufficient for supporting disciplinary action and,
for each such incident, a description of the substantiated
allegation and the action taken by command authorities in the
incident.
[[Page 113 STAT. 644]]
``(3) The number of those incidents that involve evidence
determined insufficient for supporting disciplinary action and
for each such case, a description of the allegation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1562. Database on domestic violence incidents.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal <<NOTE: Effective dates. 37 USC 1009 note.>> year 2000
increase in military basic pay and reform of basic pay rates.
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Additional amount available for fiscal year 2000 increase in
basic 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. Amount of aviation career incentive pay for air battle
managers.
Sec. 615. Expansion of authority to provide special pay to aviation
career officers extending period of active duty.
Sec. 616. Additional special pay for board certified veterinarians in
the Armed Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to
high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill
for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment
bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign
language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers
extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.
Sec. 629. Authorization of judge advocate continuation pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing
training duty and not otherwise entitled to travel and
transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making their
first permanent change of station.
Sec. 633. Destination airport for emergency leave travel to continental
United States.
Subtitle D--Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing
new 15-year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E--Other Matters Relating to Military Retirees and Survivors
Sec. 651. Repeal of reduction in retired pay for military retirees
employed in civilian positions.
[[Page 113 STAT. 645]]
Sec. 652. Presentation of United States flag to retiring members of the
uniformed services not previously covered.
Sec. 653. Disability retirement or separation for certain members with
pre-existing conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-
up premium paid by persons electing SBP coverage during
special open enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection
Plan.
Sec. 656. Extension of authority for payment of annuities to certain
military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when
not elected by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services
retirees.
Subtitle F--Eligibility To Participate in the Thrift Savings Plan
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.
Subtitle G--Other Matters
Sec. 671. Payment for unused leave in conjunction with a reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians
(dual status) serving on active duty without pay outside the
United States.
Sec. 673. Annual report on effects of initiatives on recruitment and
retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency
operation.
Sec. 676. Administration of Selected Reserve education loan repayment
program for Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue
Code of members receiving hostile fire or imminent danger
special pay during contingency operations.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL <<NOTE: Effective dates. 37 USC 1009 note.>>
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 113 STAT. 646]]
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 5,851.80 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 3,606.00 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 3,009.00 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 4,252.50 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 O-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.
[[Page 113 STAT. 647]]
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 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 2,652.60 2,749.80 2,844.30 2,949.00
W-1.............. 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40
W-4.............. 3,888.00 4,019.40 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.............. 3,056.40 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
------------------------------------------------------------------------
[[Page 113 STAT. 648]]
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 $3,915.90
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.--Effective January 1, 2000,
section 203(a) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding the rates of basic pay in effect at any time
as provided by law, the rates of basic pay payable for commissioned
officers in pay grades O-7 through O-10 may not exceed the monthly
equivalent of the rate of pay for level III of the Executive Schedule,
and the rates of basic pay payable for all other officers and for
enlisted members may not exceed the monthly equivalent of the rate of
pay for level V of the Executive Schedule.''.
(e) Recomputation <<NOTE: 10 USC 1401 note.>> of Retired Pay for
Certain Recently Retired Officers.--In the case of a commissioned
officer of the uniformed services who retired during the period
beginning on April 30, 1999, through December 31, 1999, and who, at the
time
[[Page 113 STAT. 649]]
of retirement, was in pay grade O-7, O-8, O-9, or O-10, the retired pay
of that officer shall be recomputed, effective as of January 1, 2000,
using the rate of basic pay that would have been applicable to the
computation of that officer's retired pay if the provisions of paragraph
(2) of section 203(a) of title 37, United States Code, as added by
subsection (d), had taken effect on April 30, 1999.
SEC. 602. PAY INCREASES FOR FISCAL YEARS 2001 THROUGH 2006.
(a) ECI+0.5 Percent Increase for All Members.--Section 1009(c) of
title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c) Equal Percentage
Increase for All Members.--''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), but subject to subsection (d),
an adjustment taking effect under this section during each of fiscal
years 2001 through 2006 shall provide all eligible members with an
increase in the monthly basic pay by the percentage equal to the sum
of--
``(A) one percent; plus
``(B) the percentage calculated as provided under section
5303(a) of title 5 for that fiscal year, without regard to
whether rates of pay under the statutory pay systems are
actually increased during that fiscal year under that section by
the percentage so calculated.''.
(b) Effective <<NOTE: 37 USC 1009 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 2000.
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,
$225,000,000 of the amount authorized to be appropriated by section 421
for military personnel shall be used by the Secretary to further
increase the total amount available for the basic allowance for housing
for military housing areas inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES
FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime
Specialties.--Section 302g(f) of title 37, United States Code, is
amended by striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such
title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
[[Page 113 STAT. 650]]
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 1999'' and inserting ``December 31, 2000''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 1999'' and inserting ``December
31, 2000''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10, United
States Code, is amended by striking ``January 1, 2000'' and inserting
``January 1, 2001''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES
FOR NURSE OFFICER CANDIDATES, 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 619(b), is amended by
striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(d) Army Enlistment Bonus.--Section 308f(c) of such title is amended
by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(e) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 1999'' and inserting ``December 31, 2000''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 1999'' and inserting ``December
31, 2000''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``October 1, 1998,'' and all that follows
through the period at the end and inserting ``December 31, 2000.''.
[[Page 113 STAT. 651]]
SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE
MANAGERS.
(a) Applicable Incentive Pay Rate.--Section 301a(b) of title 37,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) An officer serving as an air battle manager who is entitled to
aviation career incentive pay under this section and who, before
becoming entitled to aviation career incentive pay, was entitled to
incentive pay under section 301(a)(11) of this title, shall be paid the
monthly incentive pay at the higher of the following rates:
``(A) The rate otherwise applicable to the member under this
subsection.
``(B) The rate at which the member was receiving incentive
pay under section 301(c)(2)(A) of this title immediately before
the member's entitlement to aviation career incentive pay under
this section.''.
(b) Effective <<NOTE: Applicability. 37 USC 301a note.>> Date.--The
amendment made by subsection (a) shall take effect on October 1, 1999,
and shall apply with respect to months beginning on or after that date.
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 is
amended by striking the second sentence.
(g) Effective <<NOTE: Applicability. 37 USC 301b note.>> Date.--The
amendments made by this section shall take effect on October 1, 1999,
and shall apply with respect to months beginning on or after that date.
[[Page 113 STAT. 652]]
SEC. 616. ADDITIONAL SPECIAL PAY FOR BOARD CERTIFIED VETERINARIANS
IN THE ARMED FORCES AND PUBLIC HEALTH
SERVICE.
(a) Authority.--Section 303 of title 37, United States Code, is
amended--
(1) by inserting ``(a) Monthly Special Pay.--'' before
``Each''; and
(2) by adding at the end the following:
``(b) Additional Special Pay for Board Certification.--A
commissioned officer entitled to special pay under subsection (a) who
has been certified as a Diplomate in a specialty recognized by the
American Veterinarian Medical Association is entitled to special pay (in
addition to the special pay under subsection (a)) at the same rate as is
provided under section 302c(b) of this title for an officer referred to
in that section who has the same number of years of creditable service
as the commissioned officer.''.
(b) Effective <<NOTE: Applicability. 37 USC 303 note.>> Date.--The
amendments made by subsection (a) shall take effect on October 1, 1999,
and shall apply with respect to months beginning on and after that date.
SEC. 617. DIVING DUTY SPECIAL PAY.
(a) Increase in Rate.--Subsection (b) of section 304 of title 37,
United States Code, is amended--
(1) by striking ``$200'' and inserting ``$240''; and
(2) by striking ``$300'' and inserting ``$340''.
(b) Relation to Hazardous Duty Incentive Pay.--Subsection (c) of
such section is amended to read as follows:
``(c) If, in addition to diving duty, a member is assigned by orders
to one or more hazardous duties described in section 301 of this title,
the member may be paid, for the same period of service, special pay
under this section and incentive pay under such section 301 for each
hazardous duty for which the member is qualified.''.
(c) Effective <<NOTE: Applicability. 37 USC 304 note.>> Date.--The
amendments made by subsections (a) and (b) shall take effect on October
1, 1999, and shall apply with respect to special pay paid under such
section for months beginning on or after that date.
SEC. 618. 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) Increase in Maximum Amount of Bonus.--Subsection (a)(2) of such
section is amended--
(1) in subparagraph (A)(i), by striking ``ten'' and
inserting ``15''; and
(2) in subparagraph (B), by striking ``$45,000'' and
inserting ``$60,000''.
(c) Effective <<NOTE: Applicability. 37 USC 308 note.>> Date.--The
amendments made by subsections (a) and (b) shall take effect on October
1, 1999, and shall apply with respect to reenlistments and extensions of
enlistments taking effect on or after that date.
SEC. 619. ENLISTMENT BONUS.
(a) Increase in Maximum Bonus Amount.--Subsection (a) of section
308a of title 37, United States Code, is amended by striking ``$12,000''
and inserting ``$20,000''.
(b) Payment Methods.--Such section is further amended--
[[Page 113 STAT. 653]]
(1) in subsection (a), by striking the second sentence;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(3) by inserting after subsection (a) the following new
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 Author-
ity.--'' after ``(d)''.
(d) Effective <<NOTE: Applicability. 37 USC 308a note.>> Date.--The
amendment made by subsection (a) shall take effect on October 1, 1999,
and shall apply with respect to enlistments and extensions of
enlistments taking effect on or after that date.
SEC. 620. SELECTED RESERVE ENLISTMENT BONUS.
(a) Elimination of Requirement for Minimum Period of Enlistment.--
Subsection (a) of section 308c of title 37, United States Code, is
amended by striking ``for a term of enlistment of not less than six
years''.
(b) Increased Maximum Amount.--Subsection (b) of such section is
amended by striking ``$5,000'' and inserting ``$8,000''.
(c) Effective <<NOTE: Applicability. 37 USC 308c note.>> Date.--The
amendments made by subsections (a) and (b) shall take effect on October
1, 1999, and shall apply with respect to enlistments entered into on or
after that date.
SEC. 621. SPECIAL PAY FOR MEMBERS OF THE COAST GUARD RESERVE
ASSIGNED TO HIGH PRIORITY UNITS OF THE
SELECTED RESERVE.
Section 308d(a) of title 37, United States Code, is amended by
inserting ``or the Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy, '' after
``Secretary of Defense,''.
SEC. 622. REDUCED MINIMUM PERIOD OF ENLISTMENT IN ARMY IN CRITICAL
SKILL FOR ELIGIBILITY FOR ENLISTMENT
BONUS.
(a) Reduced Requirement.--Paragraph (3) of section 308f(a) of title
37, United States Code, is amended by striking ``3 years'' and inserting
``2 years''.
(b) Effective <<NOTE: Applicability. 37 USC 308f note.>> Date.--The
amendment made by subsection (a) shall take effect on October 1, 1999,
and shall apply with respect to enlistments entered into on or after
that date.
SEC. 623. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE
ENLISTMENT BONUS UPON ATTAINING A CRITICAL
SKILL.
(a) Revised Eligibility Requirements for Bonus.--Section 308i(a) of
title 37, United States Code, is amended by striking paragraph (2) and
inserting the following new paragraph:
[[Page 113 STAT. 654]]
``(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.''.
(b) Effective <<NOTE: Applicability. 37 USC 308i note.>> Date.--The
amendment made by subsection (a) shall take effect on October 1, 1999,
and shall apply to enlistments beginning on or after that date.
SEC. 624. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-
QUALIFIED OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(a) of title 37, United States Code, is
amended by striking ``$15,000'' and inserting ``$25,000''.
(b) Nuclear Career Accession Bonus.--Section 312b(a)(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 <<NOTE: Applicability. 37 USC 312 note.>> Date.--(1)
The amendments made by subsections (a) and (b) shall take effect on
October 1, 1999, and shall apply to agreements under section 312 or 312b
of such title entered into on or after that date.
(2) <<NOTE: 37 USC 312c note.>> The amendments made by subsection
(c) shall take effect on October 1, 1999, and shall apply with respect
to nuclear service years beginning on or after that date.
SEC. 625. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR FOREIGN
LANGUAGE PROFICIENCY PAY.
(a) Increase.--Section 316(b) of title 37, United States Code, is
amended by striking ``$100'' and inserting ``$300''.
(b) Effective <<NOTE: Applicability. 37 USC 316 note.>> Date.--The
amendment made by subsection (a) shall take effect on October 1, 1999,
and shall apply with respect
[[Page 113 STAT. 655]]
to foreign language proficiency pay paid under section 316 of such title
for months beginning on or after that date.
SEC. 626. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL WARFARE
OFFICERS EXTENDING PERIODS OF ACTIVE DUTY.
(a) Bonus Authorized.--(1) Chapter 5 of title 37, United States
Code, is amended by adding at the end the following new section:
``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 to remain on active duty in special warfare
service for at least one year may, upon the acceptance of the agreement
by the Secretary concerned, be paid a retention bonus as provided in
this section.
``(c) Eligibility Requirements.--A special warfare officer may apply
to enter into an agreement referred to in subsection (b) if the
officer--
``(1) is in pay grade 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.
[[Page 113 STAT. 656]]
``(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.''.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by adding at the end the following new
item:
``318. Special pay: special warfare officers extending period of active
duty.''.
(b) Effective <<NOTE: 37 USC 318 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 1999.
SEC. 627. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINUATION
PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 318, as added by
section 626, the following new section:
``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 to remain on active duty to complete
one or more tours of duty to which the officer may be ordered as a
department head on a surface vessel may, upon the acceptance of the
agreement by the Secretary of the Navy, be paid an amount not to exceed
$50,000.
``(c) Proration.--The term of the written agreement under subsection
(b) and the amount payable under the agreement may be prorated.
``(d) Payment Methods.--Upon acceptance of the written agreement
under subsection (b) by the Secretary of the Navy, the total
[[Page 113 STAT. 657]]
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 vessel specified in the
agreement, the Secretary of the Navy may require the officer to repay
the United States, to the extent that the Secretary of the Navy
determines conditions and circumstances warrant, any or all sums paid
under this section.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement entered into under
subsection (b) does not discharge the officer signing the agreement from
a debt arising under such agreement or under paragraph (1).
``(g) Regulations.--The Secretary of the Navy shall prescribe
regulations to carry out this section.''.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by inserting after the item relating to
section 318 the following new item:
``319. Special pay: surface warfare officer continuation pay.''.
(b) Effective <<NOTE: 37 USC 319 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 1999.
SEC. 628. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 319, as added by
section 627, the following new section:
``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
[[Page 113 STAT. 658]]
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 may be
resumed if the member meets the minimum operational flying duty
requirement upon completion of the next established period of aviation
service.
``(3) For the needs of the service, the Secretary concerned may
permit, on a case-by-case basis, a member to continue to receive
continuous monthly incentive pay despite the member's failure to perform
the operational flying duty required during the first 10, 15, or 20
years of aviation service, but only if the member otherwise meets the
definition in subsection (a) and has performed at least 5 years of
operational flying duties during the first 10 years of aviation service,
8 years of operational flying duties during the first 15 years of
aviation service, or 12 years of operational flying duty during the
first 20 years of aviation service. The authority of the Secretary
concerned under this paragraph may not be 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 Rates.--The monthly rate of any career
enlisted flyer incentive pay paid under this section to a member on
active duty shall be prescribed by the Secretary concerned, but may not
exceed the following:
``Years of aviation service Monthly rate..............................
4 or less $150
Over 4 $225
Over 8 $350
Over 14 $400.
``(e) Eligibility <<NOTE: Regulations.>> 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
[[Page 113 STAT. 659]]
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 incentive pay under section 301(a) of
this title or special pay under section 304 of this title may not be
paid special pay under this section for the same period of service.
``(g) Save Pay Provision.--If, immediately before a member receives
incentive pay under this section, the member was entitled to incentive
pay under section 301(a) of this title, the rate at which the member is
paid incentive pay under this section shall be equal to the higher of
the monthly amount applicable under subsection (d) or the rate of
incentive pay the member was receiving under subsection (b) or (c)(2)(A)
of section 301 of this title.
``(h) Specialty Code of Dropsonde System Operators.--Within the Air
Force, the Secretary of the Air Force shall assign to members who are
dropsonde system operators a specialty code that identifies such members
as serving in a weather specialty.
``(i) Definitions.--In this section:
``(1) The term `aviation service' means participation in
aerial flight performed, under regulations prescribed by the
Secretary concerned, by an eligible career enlisted flyer.
``(2) The term `operational flying duty' means flying
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.''.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by inserting after the item relating to
section 319 the following new item:
``320. Incentive pay: career enlisted flyers.''.
(b) Effective <<NOTE: 37 USC 320 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 1999.
SEC. 629. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 320, as added by
section 628, the following new section:
``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--
[[Page 113 STAT. 660]]
``(1) is qualified and serving as a judge advocate, as
defined in section 801 of title 10; and
``(2) has completed--
``(A) the active duty service obligation incurred
through the officer's original commissioning program; or
``(B) in the case of an officer detailed under
section 2004 of title 10 or section 470 of title 14, the
active duty service obligation incurred as part of that
detail.
``(b) Special Pay Authorized.--An eligible judge advocate who
executes a written agreement to remain on active duty for a period of
obligated service specified in the agreement may, upon the acceptance of
the agreement by the Secretary concerned, be paid continuation pay under
this section. The total amount paid to an officer under one or more
agreements under this section may not exceed $60,000.
``(c) Proration.--The term of an agreement under subsection (b) and
the amount payable under the agreement may be prorated.
``(d) Payment Methods.--Upon acceptance of an agreement under
subsection (b) by the Secretary concerned, the total amount payable
pursuant to the agreement becomes fixed. The Secretary shall prepare an
implementation plan specifying the amount of each installment payment
under the agreement and the times for payment of the installments.
``(e) Additional Pay.--Any amount paid to an officer under this
section is in addition to any other pay and allowances to which the
officer is entitled.
``(f) Repayment.--(1) If an officer who has entered into a written
agreement under subsection (b) and has received all or part of the
amount payable under the agreement fails to complete the total period of
active duty specified in the agreement, the Secretary concerned may
require the officer to repay the United States, to the extent that the
Secretary determines conditions and circumstances warrant, any or all
sums paid under this section.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement entered into under
subsection (b) does not discharge the officer signing the agreement from
a debt arising under such agreement or under paragraph (1).
``(g) Regulations.--The Secretary 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) <<NOTE: Deadline.>> Not later than March 31, 2000, the Secretary
shall submit to Congress a report containing the findings and
recommendations resulting from the study.
[[Page 113 STAT. 661]]
(c) Effective <<NOTE: 37 USC 321 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 1999.
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.
(a) Provision.--Paragraph (1) of subsection (i) of section 404 of
title 37, United States Code, is amended by adding at the end the
following new sentence: ``If transient government housing is unavailable
or inadequate, the Secretary concerned may provide the member with
lodging in kind in the same manner as members entitled to such
allowances under subsection (a).''.
(b) Payment Methods.--Paragraph (3) of such subsection is amended--
(1) by inserting after ``paragraph (1)'' the following:
``and expenses of providing lodging in kind under such
paragraph''; and
(2) by adding at the end the following new sentence: ``Use
of Government charge cards is authorized for payment of these
expenses.''.
(c) Decisionmaking.--Such subsection is further amended by adding at
the end the following new paragraph:
``(4) Decisions regarding the availability or adequacy of government
housing at a military installation under paragraph (1) shall be made by
the installation commander.''.
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. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL TO
CONTINENTAL UNITED STATES.
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
[[Page 113 STAT. 662]]
(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 after ``July 31,
1986,'' the following: ``has elected to receive a bonus under section
322 of title 37,''.
(b) Cost-of-Living Adjustments.--(1) Paragraph (2) of section
1401a(b) of such title is amended by striking ``The Secretary shall
increase the retired pay of each member and former member who first
became a member of a uniformed service before August 1, 1986,'' and
inserting ``Except as otherwise provided in this subsection, the
Secretary shall increase the retired pay of each member and former
member''.
(2) Paragraph (3) of such section is amended by inserting after
``August 1, 1986,'' the following: ``and has elected to receive a bonus
under section 322 of title 37,''.
(c) Recomputation of Retired Pay At Age 62.--Section 1410 of such
title is amended by inserting after ``August 1, 1986,'' the following:
``who has elected to receive a bonus under section 322 of title 37,''.
SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS BONUS.
(a) Career Service Bonus.--Chapter 5 of title 37, United States
Code, is amended by inserting after section 321, as added by section
629, the following new section:
``Sec. 322. Special pay: 15-year career status bonus for members
entering service on or after August 1, 1986
``(a) Availability of Bonus.--The Secretary concerned shall pay a
bonus under this section to an eligible career bonus member if the
member--
``(1) elects to receive the bonus under this section; and
``(2) executes a written agreement (prescribed by the
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.
``(b) 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).
``(c) Election Method.--An election under subsection (a)(1) shall be
made in such form and within such period as the Secretary concerned may
prescribe. An election under that subsection is irrevocable.
[[Page 113 STAT. 663]]
``(d) Amount of Bonus; Payment.--(1) A bonus under this section
shall be paid in a single lump sum of $30,000.
``(2) <<NOTE: Deadline.>> 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 (a)(1) and the written agreement required under subsection
(a)(2), if applicable.
``(e) Notification of Eligibility.--(1) The Secretary concerned
shall transmit to each member who meets the definition of eligible
career bonus member a written notification of the opportunity of the
member to elect to receive a bonus under
this <<NOTE: Notification. Deadline.>> section. The Secretary shall
provide the notification not later than 180 days before the date on
which the member will complete 15 years of active duty.
``(2) The notification shall include the following:
``(A) The procedures for electing to receive the bonus.
``(B) An explanation of the effects under sections 1401a,
1409, and 1410 of title 10 that such an election has on the
computation of any retired or retainer pay that the member may
become eligible to receive.
``(f) Repayment of Bonus.--(1) If a person paid a bonus under this
section fails to complete a period of active duty beginning on the date
on which the election of the person under subsection (a)(1) is received
and ending on the date on which the person completes 20 years of active-
duty service as described in subsection (a)(2), the person shall refund
to the United States the amount that bears the same ratio to the amount
of the bonus payment as the uncompleted part of that period of active-
duty service bears to the total period of such service.
``(2) Subject to paragraph (3), an obligation to reimburse the
United States imposed under paragraph (1) is for all purposes a debt
owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good 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.--(1)
Section 1451(h)(3) of title 10, United States Code, is amended by
inserting ``of certain members'' after ``retirement''.
(2) Section 1452(i) of such title is amended by striking ``When the
retired pay'' and inserting ``Whenever the retired pay''.
(b) Related Technical Amendments.--Chapter 71 of such title is
amended as follows:
(1) Section 1401a(b) is amended--
[[Page 113 STAT. 664]]
(A) by striking the heading for paragraph (1) and
inserting ``Increase required.--'';
(B) by striking the heading for paragraph (2) and
inserting ``Percentage increase.--''; and
(C) by striking the heading for paragraph (3) and
inserting ``Reduced percentage for certain post-august
1, 1986 members.--''.
(2) Section 1409(b)(2) is amended by inserting ``certain''
in the paragraph heading after ``Reduction applicable to''.
(3)(A) The heading of section 1410 is amended by inserting
``certain'' before ``members''.
(B) The item relating to such section in the table of
sections at the beginning of such chapter is amended by
inserting ``certain'' before ``members''.
SEC. 644. <<NOTE: 10 USC 1401a note.>> EFFECTIVE DATE.
The amendments made by sections 641, 642, and 643 shall take effect
on October 1, 1999.
Subtitle E--Other Matters Relating to Military Retirees and Survivors
SEC. 651. REPEAL OF REDUCTION IN RETIRED PAY FOR MILITARY RETIREES
EMPLOYED IN CIVILIAN POSITIONS.
(a) Repeal.--(1) Section 5532 of title 5, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by striking the item relating to section 5532.
(b) Contributions to Department of Defense Military Retirement
Fund.--Section 1466 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) The Secretary of Defense shall pay into the Fund at the
beginning of each fiscal year such amount as may be necessary to pay the
cost to the Fund for that fiscal year resulting from the repeal, as of
October 1, 1999, of section 5532 of title 5, including any actuarial
loss to the Fund resulting from increased benefits paid from the Fund
that are not fully covered by the payments made to the Fund for that
fiscal year under subsections (a) and (b).
``(2) Amounts paid into the Fund under this subsection shall be paid
from funds available for the pay of members of the armed forces under
the jurisdiction of the Secretary of a military department.
``(3) The Department of Defense Retirement Board of Actuaries shall
determine, for each armed force, the amount required under paragraph (1)
to be deposited in the Fund each fiscal year.''.
(c) Effective <<NOTE: 10 USC 1466 note.>> Date.--The amendments made
by this section shall take effect on October 1, 1999.
SEC. 652. PRESENTATION OF UNITED STATES FLAG TO RETIRING MEMBERS
OF THE UNIFORMED SERVICES NOT 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:
[[Page 113 STAT. 665]]
``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) Presentation <<NOTE: 42 USC 214.>> of Flag.--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. <<NOTE: 33 USC 853v.>> (a) Presentation of Flag Upon
Retirement.--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 <<NOTE: Applicability. 10 USC 12605 note.>> Date.--
Section 12605 of title 10, United States Code (as added by subsection
(a)), section 213 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
[[Page 113 STAT. 666]]
(as added by subsection (c)) shall apply with respect to releases from
service described in those sections on or after October 1, 1999.
(e) Conforming Amendments to Prior Law.--Sections 3681(b), 6141(b),
and 8681(b) of title 10, United States Code, and section 516(b) of title
14, United States Code, are each amended by striking ``under this
section'' and all that follows through the period and inserting ``under
this section or any other provision of law providing for the
presentation of a United States flag incident to release from active
service for retirement.''.
SEC. 653. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN MEMBERS
WITH PRE-EXISTING CONDITIONS.
(a) Disability Retirement.--(1) Chapter 61 of title 10, United
States Code, is amended by inserting after section 1207 the following
new section:
``Sec. 1207a. Members with over eight years of active service:
eligibility for disability retirement for pre-
existing conditions
``(a) In the case of a member described in subsection (b) who would
be covered by section 1201, 1202, or 1203 of this title but for the fact
that the member's disability is determined to have been incurred before
the member became entitled to basic pay in the member's current period
of active duty, the disability shall be deemed to have been incurred
while the member was entitled to basic pay and shall be so considered
for purposes of determining whether the disability was incurred in the
line of duty.
``(b) A member described in subsection (a) is a member with at least
eight years of active service.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1207 the
following new item:
``1207a. Members with over eight years of active service: eligibility
for disability retirement for pre-existing conditions.''.
(b) Nonregular Service Retirement.--(1) Chapter 1223 of such title
is amended by inserting after section 12731a the following new section:
``Sec. 12731b. Special rule for members with physical disabilities
not incurred in line of duty
``(a) In the case of a member of the Selected Reserve of a reserve
component who no longer meets the qualifications for membership in the
Selected Reserve solely because the member is unfit because of physical
disability, the Secretary concerned may, for purposes of section 12731
of this title, determine to treat the member as having met the service
requirements of subsection (a)(2) of that section and provide the member
with the notification required by subsection (d) of that section if the
member has completed at least 15, and less than 20, years of service
computed under section 12732 of this title.
``(b) Notification under subsection (a) may not be made if--
``(1) the disability was the result of the member's
intentional misconduct, willful neglect, or willful failure to
comply with standards and qualifications for retention
established by the Secretary concerned; or
[[Page 113 STAT. 667]]
``(2) the disability was incurred during a period of
unauthorized absence.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 12731a the
following new item:
``12731b. Special rule for members with physical disabilities not
incurred in line of duty.''.
(c) Separation.--Section 1206(5) of such title is amended by
inserting ``, in the case of a disability incurred before the date of
the enactment of the National Defense Authorization Act for Fiscal Year
2000,'' after ``determination, and''.
SEC. 654. CREDIT TOWARD PAID-UP SBP COVERAGE FOR MONTHS COVERED BY
MAKE-UP PREMIUM PAID BY PERSONS ELECTING
SBP COVERAGE DURING SPECIAL OPEN
ENROLLMENT PERIOD.
Section 642 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2045; 10 U.S.C. 1448
note) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Credit Toward Paid-Up Coverage.--Upon payment of the total
amount of the premiums charged a person under subsection (g), the
retired pay of a person participating in the Survivor Benefit Plan
pursuant to an election under this section shall be treated, for the
purposes of subsection (j) of section 1452 of title 10, United States
Code, as having been reduced under such section 1452 for the months in
the period for which the person's retired pay would have been reduced if
the person had elected to participate in the Survivor Benefit Plan at
the first opportunity that was afforded the person to participate.''.
SEC. 655. PAID-UP COVERAGE UNDER RETIRED SERVICEMAN'S FAMILY
PROTECTION PLAN.
(a) Conditions.--Subchapter I of chapter 73 of title 10, United
States Code, is amended by inserting after section 1436 the following
new section:
``Sec. 1436a. Coverage paid up at 30 years and age 70
``Effective October 1, 2008, <<NOTE: Effective date.>> a reduction
under this subchapter in the retired or retainer pay of a person
electing an annuity under this subchapter may not be made for any month
after the later of--
``(1) the month that is the 360th month for which that
person's retired or retainer pay is reduced pursuant to such an
election; and
``(2) the month during which that person attains 70 years of
age.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1436 the following new item:
``1436a. Coverage paid up at 30 years and age 70.''.
[[Page 113 STAT. 668]]
SEC. 656. EXTENSION OF AUTHORITY FOR PAYMENT OF ANNUITIES TO
CERTAIN MILITARY SURVIVING SPOUSES.
(a) Coverage of Surviving Spouses of All ``Gray-Area'' Retirees.--
Subsection (a)(1)(B) of section 644 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1800; 10 U.S.C. 1448 note) is amended by striking ``during the period
beginning on September 21, 1972, and ending on'' and inserting
``before''.
(b) Permanent Authority for Payment of Annuities.--Subsection (f) of
such section is repealed.
(c) Effective <<NOTE: 10 USC 1448 note.>> Date.--The amendment made
by subsection (a) shall apply with respect to annuities payable for
months beginning after September 30, 1999.
SEC. 657. EFFECTUATION <<NOTE: 10 USC 1450 note.>> OF INTENDED SBP
ANNUITY FOR FORMER SPOUSE WHEN NOT ELECTED
BY REASON OF UNTIMELY DEATH OF RETIREE.
(a) Cases Not Covered by Existing Authority.--Paragraph (3) of
section 1450(f) of title 10, United States Code, as in effect on the
date of the enactment of this Act, shall apply in the case of a former
spouse of any person referred to in that paragraph who--
(1) incident to a proceeding of divorce, dissolution, or
annulment--
(A) entered into a written agreement on or after
August 21, 1983, to make an election under section
1448(b) of such title to provide an annuity to the
former spouse (the agreement thereafter having been
incorporated in or ratified or approved by a court order
or filed with the court of appropriate jurisdiction in
accordance with applicable State law); or
(B) was required by a court order dated on or after
such date to make such an election for the former
spouse; and
(2) before making the election, died within 21 days after
the date of the agreement referred to in paragraph (1)(A) or the
court order referred to in paragraph (1)(B), as the case may be.
(b) Adjusted Time Limit for Request by Former Spouse.--For the
purposes of paragraph (3)(C) of section 1450(f) of title 10, United
States Code, a court order or filing referred to in subsection (a)(1) of
this section that is dated before October 19, 1984, shall be deemed to
be dated on the date of the enactment of this Act.
SEC. 658. SPECIAL COMPENSATION FOR SEVERELY DISABLED 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 pay to each eligible
disabled uniformed services retiree a monthly amount determined under
subsection (b).
[[Page 113 STAT. 669]]
``(b) Amount.--The amount to be paid to an eligible disabled
uniformed services retiree in accordance with subsection (a) is the
following:
``(1) For any month for which the retiree has a qualifying
service-connected disability rated as total, $300.
``(2) For any month for which the retiree has a qualifying
service-connected disability rated as 90 percent, $200.
``(3) For any month for which the retiree has a qualifying
service-connected disability rated as 80 percent or 70 percent,
$100.
``(c) Eligible Members.--An eligible disabled uniformed services
retiree referred to in subsection (a) is a member of the uniformed
services in a retired status (other than a member who is retired under
chapter 61 of this title) who--
``(1) completed at least 20 years of service in the
uniformed services that are creditable for purposes of computing
the amount of retired pay to which the member is entitled; and
``(2) has a qualifying service-connected disability.
``(d) Qualifying Service-Connected Disability Defined.--In this
section, the term `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.--Payments under this section for any fiscal
year shall be paid out of funds appropriated for pay and allowances
payable by the Secretary concerned for that fiscal year.
``(g) Other Definitions.--In this section:
``(1) The term `service-connected' has the meaning given
that term in section 101 of title 38.
``(2) The term `disability rated as total' means--
``(A) a disability that is rated as total under the
standard schedule of rating disabilities in use by the
Department of Veterans Affairs; or
``(B) a disability for which the scheduled rating is
less than total but for which a rating of total is
assigned by reason of inability of the disabled person
concerned to secure or follow a substantially gainful
occupation as a result of service-connected
disabilities.
``(3) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1413. Special compensation for certain severely disabled uniformed
services retirees.''.
(b) Effective <<NOTE: Applicability. 10 USC 1413 note.>> 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
[[Page 113 STAT. 670]]
date. No benefit may be paid to any person by reason of that section for
any period before that date.
Subtitle F--Eligibility to Participate in the Thrift Savings Plan
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) Participation Authority.--(1)(A) Chapter 3 of title 37, United
States Code, is amended by adding at the end the following:
``Sec. 211. Participation in Thrift Savings Plan
``(a) Definition.--In this section, the term `member' means--
``(1) a member of the uniformed services serving on active
duty; and
``(2) a member of the Ready Reserve in any pay status.
``(b) Authority.--Any member may participate in the Thrift Savings
Plan in accordance with section 8440e of title 5.
``(c) Rule of Construction Regarding Separation.--For purposes of
subchapters III and VII of chapter 84 of title 5, each of the following
actions shall, in the case of a member participating in the Thrift
Savings Plan in accordance with section 8440e of such title, be
considered a separation from Government employment:
``(1) Release of the member from active duty, not followed,
before the end of the 31-day period beginning on the day
following the effective date of the release, by--
``(A) a resumption of active duty; or
``(B) an appointment to a position covered by
chapter 83 or 84 of title 5 or an equivalent retirement
system, as identified by the Executive Director
(appointed by the Federal Retirement Thrift Investment
Board) in regulations.
``(2) Transfer of the member to inactive status, or to a
retired list pursuant to any provision of title 10.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``211. Participation in Thrift Savings Plan.''.
(2)(A) Subchapter III of chapter 84 of title 5, United States Code,
is amended by adding at the end the following:
``Sec. 8440e. Members of the uniformed services
``(a) For purposes of this section--
``(1) the term `member' has the meaning given such term by
section 211 of title 37; and
``(2) the term `basic pay' means basic pay payable under
section 204 of title 37.
``(b)(1) Any member eligible to participate in the Thrift Savings
Plan by virtue of section 211(b) of title 37 may contribute to the
Thrift Savings Fund.
``(2)(A) Except as provided in subparagraph (B), an election to
contribute to the Thrift Savings Fund under this section may be made
only during a period provided under section 8432(b), subject to the same
conditions as prescribed under paragraph (2) (A)-(D) thereof.
[[Page 113 STAT. 671]]
``(B)(i) Notwithstanding subparagraph (A), any individual who is a
member as of the effective date described in paragraph (1) of section
663(a) of the National Defense Authorization Act for Fiscal Year 2000
(or, if applicable, paragraph (2) thereof) may make the first such
election during the 60-day period beginning on such effective date.
``(ii) An election made under this subparagraph shall take effect on
the first day of the first applicable pay period beginning after the
close of the 60-day period referred to in clause (i).
``(c) Except as otherwise provided in this section, the provisions
of this subchapter and subchapter VII shall apply with respect to
members making contributions to the Thrift Savings Fund, and such
members shall, for purposes of this subchapter and subchapter VII, be
considered employees within the meaning of section 8401(11).
``(d)(1)(A) The amount contributed by a member described in section
211(a)(1) of title 37 for any pay period out of basic pay may not exceed
5 percent of such member's basic pay for such pay period.
``(B) The amount contributed by a member described in section
211(a)(2) of title 37 for any pay period out of any compensation
received under section 206 of title 37 may not exceed 5 percent of such
compensation, payable to such member for such pay period.
``(2) A member making contributions to the Thrift Savings Fund out
of basic pay, or out of compensation under section 206 of title 37, may
also contribute (by direct transfer to the Fund) any part of any special
or incentive pay that such member receives under chapter 5 of title 37.
``(3) Nothing in this section or section 211 of title 37 shall be
considered to waive any dollar limitation under the Internal Revenue
Code of 1986 which otherwise applies with respect to the Thrift Savings
Fund.
``(e) Except as provided in section 211(d) of title 37, no
contribution under section 8432(c) of this title may be made for the
benefit of a member making contributions to the Thrift Savings Fund
under this section.''.
(B) The table of sections at the beginning of chapter 84 of title 5,
United States Code, is amended by adding after the item relating to
section 8440d the following:
``8440e. Members of the uniformed services.''.
(3)(A) Section 8432b(b)(2)(B) of title 5, United States Code, is
amended by inserting ``or 8440e'' after ``section 8432(a)''.
(B)(i) Section 8351(b) of title 5, United States Code, is amended by
redesignating paragraph (11) as paragraph (8).
(ii) Subparagraph (A) of section 8351(b)(8) of such title 5 (as so
redesignated by clause (i)) is amended by striking the semicolon and
inserting the following: ``, except that the reference in section
8432b(b)(2)(B) to employee contributions under section 8432(a) shall be
considered a reference to employee contributions under this subchapter
and section 8440e;''.
(C) Subsection (c) of section 8432b of such title 5 is amended by
redesignating paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively, by striking ``(c)'' and inserting ``(c)(1)'', and by
adding at the end the following:
[[Page 113 STAT. 672]]
``(2) An employee to whom this section applies is entitled to have
contributed to the Thrift Savings Fund on such employee's behalf an
amount equal to--
``(A) the total contributions to which that individual would
have been entitled under section 8432(c)(2), based on the
amounts contributed by such individual under section 8440e
(other than under subsection (d)(2) thereof) with respect to the
period referred to in subsection (b)(2)(B), if those amounts had
been contributed by such individual under section 8432(a);
reduced by
``(B) any contributions actually made on such employee's
behalf under section 8432(c)(2) (including pursuant to an
agreement under section 211(d) of title 37) with respect to the
period referred to in subsection (b)(2)(B).''.
(4) Subsections (g)(1) and (h)(3) of section 8433 of title 5, United
States Code, are each amended by striking ``under section 8432(a) of
this title''.
(5) Section 8439(a) of title 5, United States Code, is amended--
(A) in paragraph (1), by striking ``under section 8432(c)(1)
of this title'' and ``under section 8351 of this title'';
(B) in paragraph (2)(A)(i), by striking all after
``individual'' and inserting a semicolon; and
(C) in paragraph (2)(A)(ii), by striking all after
``individual'' and inserting ``; and''.
(6) Section 8473 of title 5, United States Code, is amended--
(A) in subsection (a), by striking ``14 members'' and
inserting ``15 members''; and
(B) in subsection (b)--
(i) by striking ``14 members'' and inserting ``15
members'';
(ii) by striking ``and'' at the end of paragraph
(8);
(iii) by striking the period at the end of paragraph
(9) and inserting ``; and''; and
(iv) by adding at the end the following:
``(10) 1 shall be appointed to represent participants (under
section 8440e) who are members of the uniformed services.''.
(b) Regulations.--Not <<NOTE: Deadline. 5 USC 8440e note.>> later
than the date on which qualifying offsetting legislation (as defined in
section 663(b)) is enacted or 180 days after the date of the enactment
of this Act, whichever is later, the Executive Director (appointed by
the Federal Retirement Thrift Investment Board) shall issue regulations
to implement the amendments made by this subtitle.
SEC. 662. SPECIAL RETENTION INITIATIVE.
Section 211 of title 37, United States Code, as added by section
661, is amended by adding at the end the following:
``(d) Agency Contributions for Retention in Critical Specialties.--
(1) The Secretary concerned may enter into an agreement with a member to
make contributions to the Thrift Savings Fund for the benefit of the
member if the member--
``(A) is in a specialty designated by the Secretary as
critical to meet requirements (whether such specialty is
designated as critical to meet wartime or peacetime
requirements); and
``(B) commits in such agreement to continue to serve on
active duty in that specialty for a period of 6 years.
``(2) Under any agreement entered into with a member under paragraph
(1), the Secretary shall make contributions to the Fund
[[Page 113 STAT. 673]]
for the benefit of the member for each pay period of the 6-year period
of the agreement for which the member makes a contribution to the Fund
under section 8440e of title 5 (other than under subsection (d)(2)
thereof). Paragraph (2) of section 8432(c) of title 5 applies to the
Secretary's obligation to make contributions under this paragraph,
except that the reference in such paragraph (2) to contributions under
paragraph (1) of such section 8432(c) does not apply.''.
SEC. 663. <<NOTE: 5 USC 8440 note.>> EFFECTIVE DATE.
(a) Applicability.--(1) Except as provided in paragraph (2), the
authority of members to participate in the Thrift Savings Plan under
section 211 of title 37, United States Code (as amended by this
subtitle) shall take effect on the date on which qualifying offsetting
legislation (as defined in subsection (b)) is enacted or 1 year after
the date of the enactment of this Act, whichever is later. As used in
the preceding sentence, the term ``member'' has the meaning given such
term by section 211 of such title 37 (as so amended).
(2)(A) The Secretary of Defense may postpone the authority of
members of the Ready Reserve to so participate in the Thrift Savings
Plan until 180 days after the date that would otherwise apply under
paragraph (1) if the Secretary, after consultation with the Executive
Director (appointed by the Federal Retirement Thrift Investment Board),
determines that permitting such members to participate in the Thrift
Savings Plan beginning on the date that would otherwise apply under
paragraph (1) would place an excessive burden on the administrative
capacity of the Board to accommodate participants in the Thrift Savings
Plan.
(B) <<NOTE: Notification.>> The Secretary shall notify the
congressional defense committees, the Committee on Government Reform of
the House of Representatives, and the Committee on Governmental Affairs
of the Senate of any determination made under subparagraph (A).
(b) Effectiveness Contingent on Offsetting Legislation.--(1) The
amendments made by this subtitle shall be effective only if--
(A) the President, in the budget of the President for fiscal
year 2001, proposes legislation which, if enacted, would be
qualifying offsetting legislation; and
(B) there is enacted during the second session of the One
Hundred Sixth Congress qualifying offsetting legislation.
The preceding sentence shall not apply with respect to the amendment
made by section 661(a)(3)(B)(i).
(2) For purposes of this subtitle:
(A) The term ``qualifying offsetting legislation'' means
legislation (other than an appropriations Act) that includes
provisions that--
(i) offset fully the decreased revenues for each of
fiscal years 2000 through 2009 to be made by reason of
the amendments made by this subtitle;
(ii) expressly state that they are enacted for the
purpose of the offset described in clause (i); and
(iii) are included in full on the PayGo scorecard.
(B) The term ``PayGo scorecard'' means the estimates that
are made with respect to fiscal years through fiscal year 2009
by the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section
[[Page 113 STAT. 674]]
252(d) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Subtitle G--Other Matters
SEC. 671. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION WITH A
REENLISTMENT.
Section 501 of title 37, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``, termination of an
enlistment in conjunction with the commencement of a successive
enlistment (without regard to the date of the expiration of the
term of the enlistment being terminated),'' after ``honorable
conditions''; and
(2) in subsection (b)(2), by striking ``, or entering into
an enlistment,''.
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY
TECHNICIANS (DUAL STATUS) SERVING ON
ACTIVE DUTY WITHOUT PAY OUTSIDE THE UNITED
STATES.
(a) Authority to Provide Per Diem Allowance.--Section 1002(b) of
title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If a military technician (dual status), as described in
section 10216 of title 10, is performing active duty without pay while
on leave from technician employment, as authorized by section 6323(d) of
title 5, the Secretary concerned may authorize the 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 <<NOTE: 37 USC 1002 note.>> 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. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUITMENT
AND RETENTION.
(a) Report Required.--(1) Chapter 19 of title 37, United States
Code, is amended by adding at the end the following new section:
``Sec. 1015. Annual report on effects of recruitment and retention
initiatives
``Not <<NOTE: Deadline.>> later than December 1 of each year, the
Secretary of Defense shall submit to Congress a report that sets forth
the Secretary's assessment of the effects that the improvements to
compensation and other personnel benefits made by title VI of the
National Defense Authorization Act for Fiscal Year 2000 are having on
the recruitment of persons to join the armed forces and the retention of
members of the armed forces.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1015. Annual report on effects of recruitment and retention
initiatives.''.
(b) First <<NOTE: Deadline. 37 USC 1015 note.>> Report.--The first
report under section 1015 of title 37, United States Code, as added by
subsection (a), shall be submitted not later than December 1, 2000.
[[Page 113 STAT. 675]]
SEC. 674. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.
(a) Program and Benefits.--Subsection (a) of section 1060a of title
10, United States Code, is amended by striking ``Authority.--The
Secretary of Defense may carry out a program to provide special
supplemental food benefits'' and inserting ``Program Required.--The
Secretary of Defense shall carry out a program to provide supplemental
foods and nutrition education''.
(b) Funding Source.--Subsection (b) of such section is amended to
read as follows:
``(b) Funding Mechanism.--The Secretary of Defense shall use funds
available for the Department of Defense to carry out the program under
subsection (a).''.
(c) Program Administration.--Subsection (c) of such section is
amended--
(1) in paragraph (1)(A), by adding at the end the following
new sentence: ``In determining eligibility for benefits, a
person already certified for participation in the special
supplemental nutrition program for women, infants, and children
under such section 17 shall be considered eligible for the
duration of the certification period under that special
supplemental nutrition program.'';
(2) by striking paragraph (1)(B) and inserting the
following:
``(B) In determining eligibility for families of individuals
participating in the program under this section, the Secretary of
Defense shall, to the extent practicable, use the criterion described in
subparagraph (A), including nutritional risk standards. The Secretary
shall also consider the value of housing in kind provided to the
individual when determining program eligibility.'';
(3) in paragraph (2), by adding before the period at the end
the following: ``, particularly with respect to nutrition
education''; and
(4) 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) Definitions.--Subsection (f) of such section is amended by
adding at the end the following new paragraph:
``(4) The terms `nutrition education' and `supplemental
foods' have the meanings given the terms in section 17(b) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).''.
(e) Conforming Amendment.--Section 17 of the Child 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. 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:
[[Page 113 STAT. 676]]
``(4) in the case of a member serving in a contingency
operation or similar operational mission (other than for
training) designated by the Secretary concerned, all of the
charges may be paid.''.
SEC. 676. ADMINISTRATION OF SELECTED RESERVE EDUCATION LOAN
REPAYMENT PROGRAM FOR COAST GUARD RESERVE.
Section 16301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) The Secretary of Transportation may repay loans described in
subsection (a)(1) and otherwise administer this section in the case of
members of the Selected Reserve of the Coast Guard Reserve when the
Coast Guard is not operating as a service in the Navy.''.
SEC. 677. SENSE <<NOTE: 26 USC 112 note.>> OF CONGRESS REGARDING
TREATMENT UNDER INTERNAL REVENUE CODE OF
MEMBERS RECEIVING HOSTILE FIRE OR IMMINENT
DANGER SPECIAL PAY DURING CONTINGENCY
OPERATIONS.
It is the sense of Congress that a member of the Armed Forces who is
receiving special pay under section 310 of title 37, United States Code,
while assigned to duty in support of a contingency operation should be
treated under the Internal Revenue Code of 1986 in the same manner as a
member of the Armed Forces serving in a combat zone (as defined in
section 112 of the Internal Revenue Code of 1986).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain
CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries
on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities
for active duty members stationed at certain remote
locations.
Sec. 707. Open enrollment demonstration program.
Subtitle B--TRICARE Program
Sec. 711. Expansion and revision of authority for dental programs for
dependents and reserves.
Sec. 712. Improvement of access to health care under the TRICARE
program.
Sec. 713. Improvements to claims processing under the TRICARE program.
Sec. 714. Authority to waive certain TRICARE deductibles.
Sec. 715. TRICARE beneficiary counseling and assistance coordinators.
Sec. 716. Improvement of TRICARE management; improvements to third-party
payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE
program.
Subtitle C--Other Matters
Sec. 721. Forensic pathology investigations by Armed Forces Medical
Examiner.
Sec. 722. Best value contracting.
Sec. 723. Health care quality information and technology enhancement.
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by
the Department of Defense and Department of Veterans Affairs.
Sec. 725. Program-year stability in health care benefits.
Sec. 726. Study on joint operations for the Defense Health Program.
Sec. 727. Trauma training center.
Sec. 728. Sense of Congress regarding automatic enrollment of medicare-
eligible beneficiaries in the TRICARE Senior Prime
demonstration project.
[[Page 113 STAT. 677]]
Subtitle A--Health Care Services
SEC. 701. PHARMACY BENEFITS PROGRAM.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074f the following new section:
``Sec. 1074g. Pharmacy benefits program
``(a) Pharmacy Benefits.--(1) The Secretary of Defense, after
consulting with the other administering Secretaries, shall establish an
effective, efficient, integrated pharmacy benefits program under this
chapter (hereinafter in this section referred to as the `pharmacy
benefits program').
``(2)(A) The pharmacy benefits program shall include a uniform
formulary of pharmaceutical agents, which shall assure the availability
of pharmaceutical agents in the 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) In considering the relative clinical effectiveness of agents
under subparagraph (A), the Secretary shall presume inclusion in a
therapeutic class of a pharmaceutical agent, unless the Pharmacy and
Therapeutics Committee established under subsection (b) finds that a
pharmaceutical agent does not have a significant, clinically meaningful
therapeutic advantage in terms of safety, effectiveness, or clinical
outcome over the other drugs included on the uniform formulary.
``(C) In considering the relative cost effectiveness of agents under
subparagraph (A), the Secretary shall rely on the evaluation by the
Pharmacy and Therapeutics Committee of the costs of agents in a
therapeutic class in relation to the safety, effectiveness, and clinical
outcomes of such agents.
``(D) <<NOTE: Procedures.>> The Secretary shall establish procedures
for the selection of particular pharmaceutical agents for the uniform
formulary. Such procedures shall be established so as best to
accomplish, in the judgment of the Secretary, the objectives set forth
in paragraph (1). No pharmaceutical agent may be excluded from the
uniform formulary except upon the recommendation of the Pharmacy and
Therapeutics Committee. <<NOTE: Deadline.>> The Secretary shall begin to
implement the uniform formulary not later than October 1, 2000.
``(E) Pharmaceutical agents included on the uniform formulary shall
be available to eligible covered beneficiaries through--
``(i) facilities of the uniformed services, consistent with
the scope of health care services offered in such facilities;
``(ii) retail pharmacies designated or eligible under the
TRICARE program or the Civilian Health and Medical Program of
the Uniformed Services to provide pharmaceutical agents to
covered beneficiaries; or
``(iii) the national mail-order pharmacy program.
``(3) The pharmacy benefits program shall assure the availability of
clinically appropriate pharmaceutical agents to members of the armed
forces, including, where appropriate, agents not included on the uniform
formulary described in paragraph (2).
[[Page 113 STAT. 678]]
``(4) The pharmacy benefits program may provide that prior
authorization be required for certain pharmaceutical agents to assure
that the use of such agents is clinically appropriate.
``(5) The pharmacy benefits program shall assure the availability to
eligible covered beneficiaries of pharmaceutical agents not included on
the uniform formulary. Such pharmaceutical agents shall be available
through at least one of the means described in paragraph (2)(E) under
terms and conditions that may include cost sharing by the eligible
covered beneficiary in addition to any such cost sharing applicable to
agents on the uniform formulary.
``(6) The Secretary, as part of the regulations established under
subsection (g), may establish cost sharing requirements (which may be
established as a percentage or fixed dollar amount) under the pharmacy
benefits program for generic, formulary, and nonformulary agents. For
nonformulary agents, cost sharing shall be consistent with common
industry practice and not in excess of amounts generally comparable to
20 percent for beneficiaries covered by section 1079 of this title or 25
percent for beneficiaries covered by section 1086 of this title.
``(7) <<NOTE: Procedures.>> The Secretary shall establish procedures
for eligible covered beneficiaries to receive pharmaceutical agents not
included on the uniform formulary, but, considered to be clinically
necessary. Such procedures shall include peer review procedures under
which the Secretary may determine that there is a clinical justification
for the use of a pharmaceutical agent that is not on the uniform
formulary, in which case the pharmaceutical agent shall be provided
under the same terms and conditions as an agent on the uniform
formulary. Such procedures shall also include an expeditious appeals
process for an eligible covered beneficiary, or a network or uniformed
provider on behalf of the beneficiary, to establish clinical
justification for the use of a pharmaceutical agent that is not on the
uniform formulary.
``(8) In carrying out this subsection, the Secretary shall ensure
that an eligible covered beneficiary may continue to receive coverage
for any maintenance pharmaceutical that is not on the uniform formulary
and that was prescribed for the beneficiary before the date of the
enactment of this section and stabilized the medical condition of the
beneficiary.
``(b) Establishment of Committee.--(1) The Secretary of Defense
shall, in consultation with the Secretaries of the military departments,
establish a Pharmacy and Therapeutics Committee for the purpose of
developing the uniform formulary of 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. <<NOTE: Procedures.>> The committee shall function
under procedures established by the Secretary under the regulations
required by subsection (g).
[[Page 113 STAT. 679]]
``(2) <<NOTE: Deadline.>> Not later than 90 days after the
establishment of the Pharmacy and Therapeutics Committee by the
Secretary, the committee shall convene to design a proposed uniform
formulary for submission to the Secretary. After such 90-day period, the
committee shall meet at least quarterly and shall, during meetings,
consider for inclusion on the uniform formulary under the standards
established in subsection (a) any drugs newly approved by the Food and
Drug Administration.
``(c) Advisory <<NOTE: Establishment.>> Panel.--(1) Concurrent with
the establishment of the Pharmacy 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.--(1) 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.
``(2) <<NOTE: Deadline.>> Not later than 6 months after the date of
the enactment of this section, the Secretary shall utilize a
modification to the bid price adjustment methodology in the current
managed care support contracts to ensure equitable and timely
reimbursement to the TRICARE managed care support contractors for
pharmaceutical products delivered in the nonmilitary environments. The
methodology shall take into account the ``at-risk'' nature of the
contracts as well as managed care support contractor pharmacy costs
attributable to changes to pharmacy service or formulary management at
military medical treatment facilities, and other military activities and
policies that affect costs of pharmacy benefits provided through the
Civilian Health and Medical Program of the Uniformed Services. The
methodology shall also account for military treatment facility costs
attributable to the delivery of pharmaceutical products in the military
facility environment which were prescribed by a network provider.
``(e) Pharmacy <<NOTE: Deadline.>> 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 retail pharmacy program, and the national mail-order pharmacy
program.
``(f) Definitions.--As used in this section--
``(1) the term `eligible covered beneficiary' means a
covered beneficiary for whom eligibility to receive pharmacy
benefits through the means described in subsection (a)(2)(E) is
established under this chapter or another provision of law; and
``(2) the term `pharmaceutical agent' means drugs,
biological products, and medical devices under the regulatory
authority of the Food and Drug Administration.
[[Page 113 STAT. 680]]
``(g) Regulations.--The Secretary of Defense shall, after
consultation with the other administering Secretaries, promulgate
regulations to carry out this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074f the
following new item:
``1074g. Pharmacy benefits program.''.
(b) Deadline <<NOTE: 10 USC 1074g note.>> for Establishment of
Committee.--Not later than 30 days after the date of the enactment of
this Act, the Secretary shall establish the Pharmacy and Therapeutics
Committee required by section 1074g(b) of title 10, United States Code.
(c) Reports <<NOTE: Deadline. 10 USC 1074g note.>> 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 <<NOTE: 10 USC 1074g note. Deadline.>> for Design of
Pharmacy Benefit for Certain Covered Beneficiaries.--(1) Not later than
April 15, 2001, the Secretary of Defense shall prepare and submit to
Congress--
(A) a study on a design for a comprehensive pharmacy benefit
for covered beneficiaries under chapter 55 of title 10, United
States Code, who are entitled to benefits under part A, and
enrolled under part B, of title XVIII of the Social Security
Act; and
(B) an estimate of the costs of implementing and operating
such design.
(2) The design described in paragraph (1)(A) shall incorporate the
elements of the pharmacy benefits program required to be established
under section 1074g of title 10, United States Code (as added by
subsection (a)).
SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.
(a) In General.--Section 731 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1092 note) is
amended--
[[Page 113 STAT. 681]]
(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 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 <<NOTE: Deadline.>> 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;
[[Page 113 STAT. 682]]
``(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. PROVISION <<NOTE: 10 USC 1077 note.>> 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.
(3) As used in this section, the term ``eligible beneficiary'' means
a covered beneficiary (as that term is defined in section 1072 of title
10, United States Code) who, before the effective date of final
regulations to implement the individual case management program
authorized by section 1079(a)(17) of such title, were provided
domiciliary or custodial care services for which the Secretary provided
payment.
(b) Prohibition on Establishment of Limited Transition Period.--The
Secretary of Defense shall not place a time limit on the period during
which the custodial care exclusions of the Department of Defense may be
waived as part of the case management program of the Department.
(c) Survey of Case Management and Custodial Care Policies.--The
Secretary of Defense shall conduct a survey of federally funded and
State funded programs for the medical care and management of persons
whose care is considered to be custodial in nature. The survey shall
examine, but shall not be limited to--
(1) a comparison of the case management program of the
Department of Defense with similar Federal and State programs;
and
(2) a comparison between the case management program of the
Department of Defense and the case management and custodial care
coverage offered by at least 10 of the most subscribed private
health insurance plans in the Federal Employees Health Benefits
Program (at least 5 of which shall be managed care
organizations), as determined in consultation with the Office of
Personnel Management.
[[Page 113 STAT. 683]]
(d) Report <<NOTE: Deadline.>> on Survey of Case Management and
Custodial Care Policies.--Not later than March 31, 2000, the Secretary
shall submit a report on the survey required by subsection (c) to
Congress. The Secretary shall include in the report any recommendations
for legislative changes that the Secretary determines necessary to
facilitate the case management of the Department of Defense, and a plan
for any regulatory changes determined necessary by the Secretary. Such
plan shall include any regulatory provisions that the Secretary
determines necessary to address equitably the unique needs of the family
members of active duty military personnel and to ensure the full
integration of the case management program of the Department of Defense
with other available family support services activities.
SEC. 704. ENHANCEMENT OF DENTAL BENEFITS FOR RETIREES.
Subsection (d) of section 1076c of title 10, United States Code, is
amended to read as follows:
``(d) Benefits Available Under the Plan.--The dental insurance plan
established under subsection (a) shall provide benefits for dental care
and treatment which may be comparable to the benefits authorized under
section 1076a of this title for plans established under that section and
shall include diagnostic services, preventative services, endodontics
and other basic restorative services, surgical services, and emergency
services.''.
SEC. 705. MEDICAL AND DENTAL CARE FOR CERTAIN MEMBERS INCURRING
INJURIES ON INACTIVE-DUTY TRAINING.
(a) Order to Active Duty Authorized.--(1) Chapter 1209 of title 10,
United States Code, is amended by adding at the end the following:
``Sec. 12322. Active duty for health care
``A member of a uniformed service described in paragraph (1)(B) or
(2)(B) of section 1074a(a) of this title may be ordered to active duty,
and a member of a uniformed service described in paragraph (1)(A) or
(2)(A) of such section may be continued on active duty, for a period of
more than 30 days while the member is being treated for (or recovering
from) an injury, illness, or disease incurred or aggravated in the line
of duty as described in any of such paragraphs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``12322. Active duty for health care.''.
(b) Medical and Dental Care for Members.--Subsection (e) of section
1074a of such title is amended to read as follows:
``(e)(1) A member of a uniformed service on active duty for health
care or recuperation reasons, as described in paragraph (2), is entitled
to medical and dental care on the same basis and to the same extent as
members covered by section 1074(a) of this title while the member
remains on active duty.
``(2) <<NOTE: Applicability.>> Paragraph (1) applies to a member
described in paragraph (1) or (2) of subsection (a) who, while being
treated for (or recovering from) an injury, illness, or disease incurred
or aggravated in the line of duty, is continued on active duty pursuant
to a modification or extension of orders, or is ordered to active duty,
so as to result in active duty for a period of more than 30 days.''.
[[Page 113 STAT. 684]]
(c) Medical and Dental Care for Dependents.--Subparagraph (D) of
section 1076(a)(2) of such title is amended to read as follows:
``(D) A member on active duty who is entitled to benefits
under subsection (e) of section 1074a of this title by reason of
paragraph (1), (2), or (3) of subsection (a) of such section.''.
SEC. 706. HEALTH CARE AT FORMER UNIFORMED SERVICES TREATMENT
FACILITIES FOR ACTIVE DUTY MEMBERS
STATIONED AT CERTAIN REMOTE LOCATIONS.
(a) Authority.--Health care may be furnished by a designated
provider pursuant to any contract entered into by the designated
provider under section 722(b) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) to
eligible members who reside within the service area of the designated
provider.
(b) Eligibility.--A member of the Armed Forces is eligible for
health care under subsection (a) if the member is a member described in
section 731(c) of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note).
(c) Applicable Policies.--In furnishing health care to an eligible
member under subsection (a), a designated provider shall adhere to the
Department of Defense policies applicable to the furnishing of care
under the TRICARE Prime Remote program, including coordinating with
uniformed services medical authorities for hospitalizations and all
referrals for specialty care.
(d) Reimbursement Rates.--The Secretary of Defense, in consultation
with the designated providers, shall prescribe reimbursement rates for
care furnished to eligible members under subsection (a). The rates
prescribed for health care may not exceed the amounts allowable under
the TRICARE Standard plan for the same care.
SEC. 707. OPEN ENROLLMENT DEMONSTRATION PROGRAM.
Section 724 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by adding
at the end the following:
``(g) Open Enrollment Demonstration Program.--(1) The Secretary of
Defense shall conduct a demonstration program under which covered
beneficiaries shall be permitted to enroll at any time in a managed care
plan offered by a designated provider consistent with the enrollment
requirements for the TRICARE Prime option under the TRICARE program, but
without regard to the limitation in subsection (b). The demonstration
program under this subsection shall cover designated providers, selected
by the Secretary of Defense, and the service areas of the designated
providers.
``(2) <<NOTE: Effective date. Termination date.>> The demonstration
program carried out under this section shall commence on October 1,
1999, and end on September 30, 2001.
``(3) <<NOTE: Deadline. Reports.>> Not later than March 15, 2001,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
demonstration program carried out under this subsection. The report
shall include, at a minimum, an evaluation of the benefits of the open
enrollment opportunity to covered beneficiaries and a recommendation on
whether to authorize open enrollments in the managed care plans of
designated providers permanently.''.
[[Page 113 STAT. 685]]
Subtitle B--TRICARE Program
SEC. 711. EXPANSION AND REVISION OF AUTHORITY FOR DENTAL PROGRAMS
FOR DEPENDENTS AND RESERVES.
(a) Authority.--Chapter 55 of title 10, United States Code, is
amended by striking sections 1076a and 1076b and inserting the
following:
``Sec. 1076a. TRICARE dental program
``(a) Establishment of Dental Plans.--The Secretary of Defense may
establish, and in the case of the dental plan described in paragraph (1)
shall establish, the following voluntary enrollment dental plans:
``(1) Plan for selected reserve and individual ready
reserve.--A dental insurance plan for members of the Selected
Reserve of the Ready Reserve and for members of the Individual
Ready Reserve described in subsection 10144(b) of this title.
``(2) Plan for other reserves.--A dental insurance plan for
members of the Individual Ready Reserve not eligible to enroll
in the plan established under paragraph (1).
``(3) Plan for active duty dependents.--Dental benefits
plans for eligible dependents of members of the uniformed
services who are on active duty for a period of more than 30
days.
``(4) Plan for ready reserve dependents.--A dental benefits
plan for eligible dependents of members of the Ready Reserve of
the reserve components who are not on active duty for more than
30 days.
``(b) Administration of Plans.--The plans established under this
section shall be administered under regulations prescribed by the
Secretary of Defense in consultation with the other administering
Secretaries.
``(c) Care Available Under Plans.--Dental plans established under
subsection (a) may provide for the following dental care:
``(1) Diagnostic, oral examination, and preventive services
and palliative emergency care.
``(2) Basic restorative services of amalgam and composite
restorations, stainless steel crowns for primary teeth, and
dental appliance repairs.
``(3) Orthodontic services, crowns, gold fillings, bridges,
complete or partial dentures, and such other services as the
Secretary of Defense considers to be appropriate.
``(d) Premiums.--
``(1) Premium sharing plans.--(A) The dental insurance plan
established under subsection (a)(1) and the dental benefits
plans established under subsection (a)(3) are premium sharing
plans.
``(B) Members enrolled in a premium sharing plan for
themselves or for their dependents shall be required to pay a
share of the premium charged for the benefits provided under the
plan. The member's share of the premium charge may not exceed
$20 per month for the enrollment.
``(C) <<NOTE: Effective date.>> Effective as of January 1 of
each year, the amount of the premium required under subparagraph
(A) shall be increased by the percent equal to the lesser of--
[[Page 113 STAT. 686]]
``(i) the percent by which the rates of basic pay of
members of the uniformed services are increased on such
date; or
``(ii) the sum of one-half percent and the percent
computed under section 5303(a) of title 5 for the
increase in rates of basic pay for statutory pay systems
for pay periods beginning on or after such date.
``(D) The Secretary of Defense may reduce the monthly
premium required to be paid under paragraph (1) in the case of
enlisted members in pay grade E-1, E-2, E-3, or E-4 if the
Secretary determines that such a reduction is appropriate to
assist such members to participate in a dental plan referred to
in subparagraph (A).
``(2) Full premium plans.--(A) The dental insurance plan
established under subsection (a)(2) and the dental benefits plan
established under subsection (a)(4) are full premium plans.
``(B) Members enrolled in a full premium plan for themselves
or for their dependents shall be required to pay the entire
premium charged for the benefits provided under the plan.
``(3) Payment procedures.--A member's share of the premium
for a plan established under subsection (a) may be paid by
deductions from the basic pay of the member and from
compensation paid under section 206 of title 37, as the case may
be. The regulations prescribed under subsection (b) shall
specify the procedures for payment of the premiums by enrollees
who do not receive such pay.
``(e) Copayments Under Premium Sharing Plans.--A member or dependent
who receives dental care under a premium sharing plan referred to in
subsection (d)(1) shall--
``(1) in the case of care described in subsection (c)(1),
pay no charge for the care;
``(2) in the case of care described in subsection (c)(2),
pay 20 percent of the charges for the care; and
``(3) in the case of care described in subsection (c)(3),
pay a percentage of the charges for the care that is determined
appropriate by the Secretary of Defense, after consultation with
the other administering Secretaries.
``(f) Transfer of Members.--If a member whose dependents are
enrolled in the plan established under subsection (a)(3) is transferred
to a duty station where dental care is provided to the member's eligible
dependents under a program other than that plan, the member may
discontinue participation under the plan. If the member is later
transferred to a duty station where dental care is not provided to such
member's eligible dependents except under the plan established under
subsection (a)(3), the member may re-enroll the dependents in that plan.
``(g) Care Outside the United States.--The Secretary of Defense may
exercise the authority provided under subsection (a) to establish dental
insurance plans and dental benefits plans for dental benefits provided
outside the United States for the eligible members and dependents of
members of the uniformed services. In the case of such an overseas
dental plan, the Secretary may waive or reduce any copayments required
by subsection (e) to the extent the Secretary determines appropriate for
the effective and efficient operation of the plan.
[[Page 113 STAT. 687]]
``(h) Waiver of Requirements for Surviving Dependents.--The
Secretary of Defense may waive (in whole or in part) any requirements of
a dental plan established under this section as the Secretary determines
necessary for the effective administration of the plan for a dependent
who is an eligible dependent described in subsection (k)(2).
``(i) Authority Subject to Appropriations.--The authority of the
Secretary of Defense to enter into a contract under this section for any
fiscal year is subject to the availability of appropriations for that
purpose.
``(j) Limitation on Reduction of Benefits.--The Secretary of Defense
may not reduce benefits provided under a plan established under this
section until--
``(1) <<NOTE: Notice.>> the Secretary provides notice of the
Secretary's intent to reduce such benefits to the Committees on
Armed Services of the Senate and the House of Representatives;
and
``(2) one year has elapsed following the date of such
notice.
``(k) Eligible Dependent Defined.--In this section, the term
`eligible dependent'--
``(1) means a dependent described in subparagraph (A), (D),
or (I) of section 1072(2) of this title; and
``(2) includes any such dependent of a member who dies while
on active duty for a period of more than 30 days or a member of
the Ready Reserve if the dependent is enrolled on the date of
the death of the member in a dental benefits plan established
under subsection (a), except that the term does not include the
dependent after the end of the one-year period beginning on the
date of the member's death.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by striking out the items relating
to sections 1076a and 1076b and inserting the following:
``1076a. TRICARE dental program.''.
SEC. 712. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE
PROGRAM.
(a) Access.--The <<NOTE: 10 USC 1073 note.>> Secretary of Defense
shall, to the maximum extent practicable, minimize the authorization and
certification requirements imposed on covered beneficiaries under the
TRICARE program as a condition of access to benefits under that program.
(b) Report <<NOTE: Deadline. 10 USC 1073 note.>> on Initiatives To
Improve Access.--Not later than March 31, 2000, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on specific actions taken to--
(1) reduce the requirements for preauthorization for care
under the TRICARE program;
(2) reduce the requirements for beneficiaries to obtain
preventive services, such as obstetric or gynecologic
examinations, mammograms for females over 35 years of age, and
urological examinations for males over the age of 60 without
preauthorization; and
(3) reduce the requirements for statements of
nonavailability of services.
(c) Requirement to Provide Statement.--Section 1080(b) of title 10,
United States Code, is amended by adding at the end the following new
sentence: ``Notwithstanding any other provision
[[Page 113 STAT. 688]]
of law, with respect to obstetrics and gynecological care for
beneficiaries not enrolled in a managed care plan offered pursuant to
any contract or agreement under this chapter, a nonavailability-of-
health-care statement shall be required for receipt of health care
services related to outpatient prenatal, outpatient or inpatient
delivery, and outpatient post-partum care subsequent to the visit which
confirms the pregnancy.''.
SEC. 713. IMPROVEMENTS TO CLAIMS PROCESSING UNDER THE TRICARE
PROGRAM.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1095b the following new section:
``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 clean claims must be processed not
later than 30 days after the date that such claims are submitted
to the claims processor; and
``(B) 100 percent of all clean claims must be processed not
later than 100 days after the date that such claims are
submitted to the claims processor.
``(2) The Secretary may, under the system required by paragraph (1)
and consistent with the provisions in chapter 39 of title 31 (commonly
referred to as the `Prompt Payment Act'), require that interest be paid
on clean claims that are not processed within 30 days.
``(3) For purposes of this subsection, the term `clean claim' means
a claim that has no defect, impropriety (including a lack of any
required substantiating documentation), or particular circumstance
requiring special treatment that prevents timely payment on the claim
under this section.
``(b) Requirement to Provide Start-Up Time For Certain
Contractors.--(1) The Secretary of Defense shall not require that a
contractor described in paragraph (2) begin to provide managed care
support pursuant to a contract to provide such support under the TRICARE
program until at least nine months after the date of the award of the
contract. In such case the contractor may begin to provide managed care
support pursuant to the contract as soon as practicable after the award
of the contract, but in no case later than one year after the date of
such award.
``(2) A contractor under this paragraph is a contractor who is
awarded a contract to provide managed care support under the TRICARE
program--
``(A) who has not previously been awarded such a contract by
the Department of Defense; or
``(B) who has previously been awarded such a contract by the
Department of Defense but for whom the subcontractors have not
previously been awarded the subcontracts for such a contract.
``(c) Incentives for Electronic Processing.--The Secretary of
Defense shall require that new contracts for managed care support under
the TRICARE program provide that the contractor be
[[Page 113 STAT. 689]]
permitted to provide financial incentives to health care providers who
file claims for payment electronically.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1095b the
following new item:
``1095c. TRICARE program: facilitation of processing of claims.''.
(b) Report.--Not <<NOTE: Deadline.>> 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 <<NOTE: 10 USC 1095c note.>> 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 <<NOTE: 10 USC 1095c note.>> 1095c(b) of
title 10, United States Code (as added by subsection (a)), shall apply
with respect to any contract to provide managed care support under the
TRICARE program negotiated after the date of the enactment of this Act.
SEC. 714. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1095c (as added by section 713) the
following new section:
``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 in 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.''.
[[Page 113 STAT. 690]]
SEC. 715. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE
COORDINATORS.
(a) Establishment of Positions.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1095d (as added by
section 714) the following new section:
``Sec. 1095e. TRICARE program: beneficiary counseling and
assistance coordinators
``(a) Establishment <<NOTE: Regulations.>> of Positions.--The
Secretary of Defense shall require in regulations that--
``(1) each lead agent under the TRICARE program--
``(A) designate a person to serve full-time as a
beneficiary counseling and assistance coordinator for
beneficiaries under the TRICARE program; and
``(B) provide for toll-free telephone communication
between such beneficiaries and the beneficiary
counseling and assistance coordinator; and
``(2) the commander of each military medical treatment
facility under this chapter designate a person to serve, as a
primary or collateral duty, as beneficiary counseling and
assistance coordinator for beneficiaries under the TRICARE
program served at that facility.
``(b) Duties.--The Secretary shall prescribe the duties of the
position of beneficiary counseling and assistance coordinator in the
regulations required by subsection (a).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1095d the
following new item:
``1095e. TRICARE program: beneficiary counseling and assistance
coordinators.''.
(b) Deadline <<NOTE: 10 USC 1095e note.>> for Initial
Designations.--Each beneficiary counseling and assistance coordinator
required under the regulations described in section 1095e(a) of title
10, United States Code (as added by subsection (a)), shall be designated
not later than January 15, 2000.
SEC. 716. IMPROVEMENT OF TRICARE MANAGEMENT; IMPROVEMENTS TO
THIRD-PARTY PAYER COLLECTION PROGRAM.
(a) Improvement of TRICARE Program.--(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1097a the
following new section:
``Sec. 1097b. TRICARE program: financial management
``(a) Reimbursement of Providers.--(1) Subject to paragraph (2), the
Secretary of Defense may reimburse health care providers under the
TRICARE program at rates higher than the reimbursement rates otherwise
authorized for the providers under that program if the Secretary
determines that application of the higher rates is necessary in order to
ensure the availability of an adequate number of qualified health care
providers under that program.
``(2) The amount of reimbursement provided under paragraph (1) with
respect to a health care service may not exceed the lesser of the
following:
``(A) The amount equal to the local fee for service charge
for the service in the service area in which the service is
provided as determined by the Secretary based on one or more of
the following payment rates:
``(i) Usual, customary, and reasonable.
[[Page 113 STAT. 691]]
``(ii) The Health Care Finance Administration's
Resource Based Relative Value Scale.
``(iii) Negotiated fee schedules.
``(iv) Global fees.
``(v) Sliding scale individual fee allowances.
``(B) The amount equal to 115 percent of the CHAMPUS maximum
allowable charge for the service.
``(b) Third-Party Collections.--(1) A medical treatment facility of
the uniformed services under the TRICARE program has the same right as
the United States under section 1095 of this title to collect from a
third-party payer the reasonable charges for health care services
described in paragraph (2) that are incurred by the facility on behalf
of a covered beneficiary under that program.
``(2) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe regulations for the administration of this subsection. The
regulations shall set forth the method to be used for the computation of
the reasonable charges for inpatient, outpatient, and other health care
services. The method of computation may be--
``(A) a method that is based on--
``(i) per diem rates;
``(ii) all-inclusive rates for each visit;
``(iii) diagnosis-related groups; or
``(iv) rates prescribed under the regulations
implementing sections 1079 and 1086 of this title; or
``(B) any other method considered appropriate.
``(c) Consultation Requirement.--The Secretary of Defense shall
carry out the responsibilities under this section after consultation
with the other administering Secretaries.''.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by inserting after the item relating to section 1097a
the following new item:
``1097b. TRICARE program: financial management.''.
(b) Report <<NOTE: Deadline. 10 USC 1097b note.>> on
Implementation.--(1) Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the other administering Secretaries, shall submit to Congress a report
assessing the effects of the implementation of the requirements and
authorities set forth in sections 1097b of title 10, United States Code
(as added by subsection (a)).
(2) The report shall include the following:
(A) An assessment of the cost of the implementation of such
requirements and authorities.
(B) An assessment of whether the implementation of any such
requirements and authorities will result in the utilization by
the TRICARE program of the best industry practices with respect
to the matters covered by such requirements and authorities.
(3) In this subsection, the term ``administering Secretaries'' has
the meaning given that term in section 1072(3) of title 10, United
States Code.
(c) Improvement to Third-Party Collection Program.--(1) Section 1095
of title 10, United States Code, is amended--
(A) in subsection (a)(1)--
(i) by striking ``the reasonable costs of'' and
inserting ``reasonable charges for'';
(ii) by striking ``such costs'' and inserting ``such
charges''; and
[[Page 113 STAT. 692]]
(iii) by striking ``the reasonable cost of'' and
inserting ``a reasonable charge for'';
(B) in subsection (g), by striking ``the costs of''; and
(C) in subsection (h)(1), by striking the first sentence and
inserting ``The term `third-party payer' means an entity that
provides an insurance, medical service, or health plan by
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.''.
(2) Section 1095b(b) of title 10, United States Code, is amended by
striking the first and second sentences after the heading and inserting
the following: ``The United States shall have the same right to collect
charges related to claims described in subsection (a) as charges for
claims under section 1095 of this title.''.
(d) Effective <<NOTE: 10 USC 1097b note.>> Date.--The amendments
made by subsection (a) shall take effect one year after the date of the
enactment of this Act.
SEC. 717. COMPARATIVE REPORT ON HEALTH CARE COVERAGE UNDER THE
TRICARE PROGRAM.
Not <<NOTE: Deadline.>> later than March 31, 2000, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report including a comparison of
health care coverage available through the TRICARE program with the
coverage available under similar health benefits plans offered under the
Federal Employees Health Benefits program established under chapter 89
of title 5, United States Code. Such comparison shall include, but not
be limited to, a comparison of cost sharing requirements, overall costs
to beneficiaries, covered benefits, and exclusions from coverage.
Subtitle C--Other Matters
SEC. 721. FORENSIC PATHOLOGY INVESTIGATIONS BY ARMED FORCES
MEDICAL EXAMINER.
(a) Investigation Authority.--Chapter 75 of title 10, United States
Code, is amended by striking the heading for the chapter and inserting
the following:
``CHAPTER 75--DECEASED PERSONNEL
``Subchapter Sec.
``I. Death Investigations......................................... 1471
``II. Death Benefits.............................................. 1475
``SUBCHAPTER I--DEATH INVESTIGATIONS
``Sec.
``1471. Forensic pathology investigations.
``Sec. 1471. Forensic pathology investigations
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of Defense, the Armed Forces Medical
Examiner may conduct a forensic pathology investigation to determine the
cause or manner of death of a deceased person if such an investigation
is determined
[[Page 113 STAT. 693]]
to be justified under circumstances described in subsection (b). The
investigation may include an autopsy of the decedent's remains.
``(b) Basis for Investigation.--(1) A forensic pathology
investigation of a death under this section is justified if at least one
of the circumstances in paragraph (2) and one of the circumstances in
paragraph (3) exist.
``(2) A circumstance under this paragraph is a circumstance under
which--
``(A) it appears that the decedent was killed or that,
whatever the cause of the decedent's death, the cause was
unnatural;
``(B) the cause or manner of death is unknown;
``(C) there is reasonable suspicion that the death was by
unlawful means;
``(D) it appears that the death resulted from an infectious
disease or from the effects of a hazardous material that may
have an adverse effect on the military installation or community
involved; or
``(E) the identity of the decedent is unknown.
``(3) A circumstance under this paragraph is a circumstance under
which--
``(A) the decedent--
``(i) was found dead or died at an installation
garrisoned by units of the armed forces that is under
the exclusive jurisdiction of the United States;
``(ii) was a member of the armed forces on active
duty or inactive duty for training;
``(iii) was recently retired under chapter 61 of
this title as a result of an injury or illness incurred
while a member on active duty or inactive duty for
training; or
``(iv) was a civilian dependent of a member of the
armed forces and was found dead or died outside the
United States;
``(B) in any other authorized Department of Defense
investigation of matters which involves the death, a factual
determination of the cause or manner of the death is necessary;
or
``(C) in any other authorized investigation being conducted
by the Federal Bureau of Investigation, the National
Transportation Safety Board, or any other Federal agency, an
authorized official of such agency with authority to direct a
forensic pathology investigation requests that the Armed Forces
Medical Examiner conduct such an investigation.
``(c) Determination of Justification.--(1) Subject to paragraph (2),
the determination that a circumstance exists under paragraph (2) of
subsection (b) shall be made by the Armed Forces Medical Examiner.
``(2) A commander may make the determination that a circumstance
exists under paragraph (2) of subsection (b) and require a forensic
pathology investigation under this section without regard to a
determination made by the Armed Forces Medical Examiner if--
``(A) in a case involving circumstances described in
paragraph (3)(A)(i) of that subsection, the commander is the
commander of the installation where the decedent was found dead
or died; or
[[Page 113 STAT. 694]]
``(B) in a case involving circumstances described in
paragraph (3)(A)(ii) of that subsection, the commander is the
commander of the decedent's unit at a level in the chain of
command designated for such purpose in the regulations
prescribed by the Secretary of Defense.
``(d) Limitation in Concurrent Jurisdiction Cases.--(1) The exercise
of authority under this section is subject to the exercise of primary
jurisdiction for the investigation of a death--
``(A) in the case of a death in a State, by the State or a
local government of the State; or
``(B) in the case of a death in a foreign country, by that
foreign country under any applicable treaty, status of forces
agreement, or other international agreement between the United
States and that foreign country.
``(2) Paragraph (1) does not limit the authority of the Armed Forces
Medical Examiner to conduct a forensic pathology investigation of a
death that is subject to the exercise of primary jurisdiction by another
sovereign if the investigation by the other sovereign is concluded
without a forensic pathology investigation that the Armed Forces Medical
Examiner considers complete. For the purposes of the preceding sentence
a forensic pathology investigation is incomplete if the investigation
does not include an autopsy of the decedent.
``(e) Procedures.--For a forensic pathology investigation under this
section, the Armed Forces Medical Examiner shall--
``(1) designate one or more qualified pathologists to
conduct the investigation;
``(2) to the extent practicable and consistent with
responsibilities under this section, give due regard to any
applicable law protecting religious beliefs;
``(3) as soon as practicable, notify the decedent's family,
if known, that the forensic pathology investigation is being
conducted;
``(4) as soon as practicable after the completion of the
investigation, authorize release of the decedent's remains to
the family, if known; and
``(5) promptly report the results of the forensic pathology
investigation to the official responsible for the overall
investigation of the death.
``(f) Definition of State.--In this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico, and
Guam.''.
(b) Repeal of Authority for Existing Inquest Procedures.--Sections
4711 and 9711 of title 10, United States Code, are repealed.
(c) Technical and Clerical Amendments.--(1) Chapter 75 of such
title, as amended by subsection (a), is further amended by inserting
before section 1475 the following:
``SUBCHAPTER II--DEATH BENEFITS''.
(2) The item relating to chapter 75 in the tables of chapters at the
beginning of subtitle A of such title and at the beginning of part II of
such subtitle is amended to read as follows:
``75. Deceased Personnel.........................................1471''.
(3) The table of sections at the beginning of chapter 445 of such
title is amended by striking the item relating to section 4711.
[[Page 113 STAT. 695]]
(4) The table of sections at the beginning of chapter 945 of such
title is amended by striking the item relating to section 9711.
(5) The heading for chapter 445 of such title is amended to read as
follows:
``CHAPTER 445--DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED
FLAGS''.
(6) The heading for chapter 945 of such title is amended to read as
follows:
``CHAPTER 945--DISPOSITION OF EFFECTS OF DECEASED PERSONS''.
(7) The item relating to chapter 445 in the tables of chapters at
the beginning of subtitle B of such title and at the beginning of part
IV of such subtitle is amended to read as follows:
``445. Disposition of Effects of Deceased Persons; Captured Flags4712''.
(8) The item relating to chapter 945 in the tables of chapters at
the beginning of subtitle D of such title and at the beginning of part
IV of such subtitle is amended to read as follows:
``945. Disposition of Effects of Deceased Persons................9712''.
SEC. 722. BEST VALUE CONTRACTING.
(a) Authority.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073 the following:
``Sec. 1073a. Contracts for health care: best value contracting
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the administering Secretaries, health care contracts shall
be awarded in the administration of this chapter to the offeror or
offerors that will provide the best value to the United States to the
maximum extent consistent with furnishing high-quality health care in a
manner that protects the fiscal and other interests of the United
States.
``(b) Factors Considered.--In the determination of best value under
subsection (a)--
``(1) consideration shall be given to the factors specified
in the regulations; and
``(2) greater weight shall be accorded to technical and
performance-related factors than to cost and price-related
factors.
``(c) Applicability.--The authority under the regulations prescribed
under subsection (a) shall apply to any contract in excess of
$5,000,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1073 the following:
``1073a. Contracts for health care: best value contracting.''.
SEC. 723. HEALTH <<NOTE: 10 USC 1071 note.>> CARE QUALITY
INFORMATION AND TECHNOLOGY ENHANCEMENT.
(a) Purpose.--The purpose of this section is to ensure that the
Department of Defense addresses issues of medical quality surveillance
and implements solutions for those issues in a timely manner that is
consistent with national policy and industry standards.
[[Page 113 STAT. 696]]
(b) Department of Defense Program for Medical Informatics and
Data.--The Secretary of Defense shall establish a Department of Defense
program, the purposes of which shall be the following:
(1) To develop parameters for assessing the quality of
health care information.
(2) To develop the defense digital patient record.
(3) To develop a repository for data on quality of health
care.
(4) To develop capability for conducting research on quality
of health care.
(5) To conduct research on matters of quality of health
care.
(6) To develop decision support tools for health care
providers.
(7) To refine medical performance report cards.
(8) To conduct educational programs on medical informatics
to meet identified needs.
(c) Automation and Capture of Clinical Data.--(1) Through the
program established under subsection (b), the Secretary of Defense shall
accelerate the efforts of the Department of Defense to automate,
capture, and exchange controlled clinical data and present providers
with clinical guidance using a personal information carrier, clinical
lexicon, or digital patient record.
(2) The program shall serve as a primary resource for the Department
of Defense for matters concerning the capture, processing, and
dissemination of data on health care quality.
(d) Medical <<NOTE: Establishment.>> Informatics Advisory
Committee.--(1) The Secretary of Defense shall establish a Medical
Informatics Advisory Committee (hereinafter referred to as the
``Committee''), the members of which shall be the following:
(A) The Assistant Secretary of Defense for Health Affairs.
(B) The Director of the TRICARE Management Activity of the
Department of Defense.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) Representatives of the Department of Veterans Affairs,
designated by the Secretary of Veterans Affairs.
(G) Representatives of the Department of Health and Human
Services, designated by the Secretary of Health and Human
Services.
(H) Any additional members appointed by the Secretary of
Defense to represent health care insurers and managed care
organizations, academic health institutions, health care
providers (including representatives of physicians and
representatives of hospitals), and accreditors of health care
plans and organizations.
(2) The primary mission of the Committee shall be to advise the
Secretary on the development, deployment, and maintenance of health care
informatics systems that allow for the collection, exchange, and
processing of health care quality information for the Department of
Defense in coordination with other Federal departments and agencies and
with the private sector.
(3) Specific areas of responsibility of the Committee shall include
advising the Secretary on the following:
[[Page 113 STAT. 697]]
(A) The ability of the medical informatics systems at the
Department of Defense and Department of Veterans Affairs to
monitor, evaluate, and improve the quality of care provided to
beneficiaries.
(B) The coordination of key components of medical
informatics systems, including digital patient records, both
within the Federal Government and between the Federal Government
and the private sector.
(C) The development of operational capabilities for
executive information systems and clinical decision support
systems within the Department of Defense and Department of
Veterans Affairs.
(D) Standardization of processes used to collect, evaluate,
and disseminate health care quality information.
(E) Refinement of methodologies by which the quality of
health care provided within the Department of Defense and
Department of Veterans Affairs is evaluated.
(F) Protecting the confidentiality of personal health
information.
(4) The Assistant Secretary of Defense for Health Affairs shall
consult with the Committee on the issues described in paragraph (3).
(5) The Secretary of Defense shall submit to Congress an annual
report on the activities of the Committee and on the coordination of
development, deployment, and maintenance of health care informatics
systems within the Federal Government, and between the Federal
Government and the private sector.
(6) Members of the Committee shall not be paid by reason of their
service on the Committee.
(7) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.
(e) Annual Report.--The Assistant Secretary of Defense for Health
Affairs shall submit to Congress on an annual basis a report on the
quality of health care furnished under the health care programs of the
Department of Defense. The report shall cover the most recent fiscal
year ending before the date the report is submitted and shall contain a
discussion of the quality of the health care measured on the basis of
each statistical and customer satisfaction factor that the Assistant
Secretary determines appropriate, including, at a minimum, a discussion
of the following:
(1) Health outcomes.
(2) The extent of use of health report cards.
(3) The extent of use of standard clinical pathways.
(4) The extent of use of innovative processes for
surveillance.
SEC. 724. JOINT <<NOTE: 10 USC 1092 note.>> TELEMEDICINE AND
TELEPHARMACY DEMONSTRATION PROJECTS BY THE
DEPARTMENT OF DEFENSE AND DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs may carry out joint demonstration projects for purposes
of evaluating the feasibility and practicability of using
telecommunications to provide health care services and pharmacy
services.
(b) Services To Be Provided.--The services provided under the
demonstration projects may include the following:
(1) Radiology and imaging services.
[[Page 113 STAT. 698]]
(2) Diagnostic services.
(3) Referral services.
(4) Clinical pharmacy services.
(5) Any other health care services or pharmacy services
designated by the Secretaries.
(c) Selection of Locations.--(1) The Secretaries may carry out the
demonstration projects described in subsection (a) at not more than five
locations selected by the Secretaries from locations in which are
located both a uniformed services treatment facility and a Department of
Veterans Affairs medical center that are affiliated with academic
institutions having a demonstrated expertise in the provision of health
care services or pharmacy services by means of telecommunications.
(2) Representatives of a facility and medical center selected under
paragraph (1) shall, to the maximum extent practicable, carry out the
demonstration project in consultation with representatives of the
academic institution or institutions with which affiliated.
(d) Period of Demonstration Projects.--The Secretaries may carry out
the demonstration projects during the three-year period beginning on
October 1, 1999.
(e) Report.--Not <<NOTE: Deadline.>> later than December 31, 2002,
the Secretaries shall jointly submit to Congress a report on the
demonstration projects. The report shall include--
(1) a description of each demonstration project; and
(2) an evaluation, based on the demonstration projects, of
the feasibility and practicability of using telecommunications
to provide health care services and pharmacy services, including
the provision of such services to field hospitals of the Armed
Forces and to Department of Veterans Affairs outpatient health
care clinics.
SEC. 725. PROGRAM-YEAR STABILITY IN HEALTH CARE BENEFITS.
Section 1073 of title 10, United States Code, is amended--
(1) by inserting ``(a) Responsible Officials.--'' at the
beginning of the text of the section; and
(2) by adding at the end the following:
``(b) Stability in Program of Benefits.--The Secretary of Defense
shall, to the maximum extent practicable, provide a stable program of
benefits under this chapter throughout each fiscal year. To achieve the
stability in the case of managed care support contracts entered into
under this chapter, the contracts shall be administered so as to
implement all changes in benefits and administration on a quarterly
basis. However, the Secretary of Defense may implement any such change
prior to the next fiscal quarter if the Secretary determines that the
change would significantly improve the provision of care to eligible
beneficiaries under this chapter.''.
SEC. 726. STUDY ON JOINT OPERATIONS FOR THE DEFENSE HEALTH
PROGRAM.
Not <<NOTE: Deadline.>> 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--
[[Page 113 STAT. 699]]
(1) establishing a joint command for the Defense Health
Program as a military counterpart to the Assistant Secretary of
Defense for Health Affairs;
(2) establishing a joint training curriculum for the Defense
Health Program; and
(3) creating a unified chain of command and budgeting
authority for the Defense Health Program.
SEC. 727. TRAUMA TRAINING CENTER.
Section 742 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2074) is amended to
read as follows:
``SEC. 742. AUTHORIZATION TO ESTABLISH A TRAUMA TRAINING CENTER.
``The Secretary of the Army is hereby authorized to establish a
Trauma Training Center in order to provide the Army with a trauma center
capable of training forward surgical teams.''.
SEC. 728. SENSE OF CONGRESS REGARDING AUTOMATIC ENROLLMENT OF
MEDICARE-ELIGIBLE BENEFICIARIES IN THE
TRICARE SENIOR PRIME DEMONSTRATION
PROJECT.
It is the sense of Congress that--
(1) any person who is enrolled in a managed health care
program of the Department of Defense at a location at which the
medicare subvention demonstration project for military retirees
conducted under section 1896 of the Social Security Act (42
U.S.C. 1395ggg) is implemented, and who attains eligibility for
medicare, should be automatically authorized to enroll in such
demonstration project; and
(2) the Secretary of Defense, in coordination with the other
administering Secretaries described in section 1072(3) of title
10, United States Code, should modify existing policies and
procedures for such demonstration project as necessary to permit
such automatic enrollment.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect
to associated services.
Sec. 806. Use of special simplified procedures for purchases of
commercial items in excess of the simplified
acquisition threshold.
Sec. 807. Repeal of termination of provision of credit towards
subcontracting goals for purchases benefiting
severely handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 809. Required reports for certain multiyear contracts.
Subtitle B--Other Matters
Sec. 811. Mentor-Protege Program improvements.
Sec. 812. Program to increase business innovation in defense acquisition
programs.
[[Page 113 STAT. 700]]
Sec. 813. Incentives to produce innovative new technologies.
Sec. 814. Pilot program for commercial services.
Sec. 815. Expansion of applicability of requirement to make certain
procurements from small arms production industrial
base.
Sec. 816. Compliance with existing law regarding purchases of equipment
and products.
Sec. 817. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 818. Extension of interim reporting rule for certain procurements
less than $100,000.
Sec. 819. Inspector General review of compliance with Buy American Act
in purchases of strength training equipment.
Sec. 820. Report on options for accelerated acquisition of precision
munitions.
Sec. 821. Technical amendment to prohibition on release of contractor
proposals under the Freedom of Information Act.
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1721; 10 U.S.C. 2371 note) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Comptroller <<NOTE: Contracts.>> General Review.--(1) Each
agreement entered into by an official referred to in subsection (a) to
carry out a project under that subsection that provides for payments in
a total amount in excess of $5,000,000 shall include a clause that
provides for the Comptroller General, in the discretion of the
Comptroller General, to examine the records of any party to the
agreement or any entity that participates in the performance of the
agreement.
``(2) The requirement in paragraph (1) shall not apply with respect
to a party or entity, or a subordinate element of a party or entity,
that has not entered into any other agreement that provides for audit
access by a Government entity in the year prior to the date of the
agreement.
``(3) The head of the contracting activity that is carrying out the
agreement may waive the applicability of the requirement in paragraph
(1) to the agreement if the head of the contracting activity determines
that it would not be in the public interest to apply the requirement to
the agreement. The waiver shall be effective with respect to the
agreement only if the head of the contracting activity transmits a
notification of the waiver to Congress and the Comptroller General
before entering into the agreement. The notification shall include the
rationale for the determination.
``(4) The Comptroller General may not examine records pursuant to a
clause included in an agreement under paragraph (1) more than three
years after the final payment is made by the United States under the
agreement.''.
[[Page 113 STAT. 701]]
SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING STANDARDS.
(a) Applicability.--Paragraph (2)(B) of section 26(f) of the Office
of Federal Procurement Policy Act (41 U.S.C. 422(f)(2)(B)) is amended by
adding at the end the following new clauses:
``(iii) Firm, fixed-price contracts or subcontracts awarded
on the basis of adequate price competition without submission of
certified cost or pricing data.
``(iv) A contract or subcontract with a value of less than
$7,500,000 if, at the time the contract or subcontract is
entered into, the segment of the contractor or subcontractor
that will perform the work has not been awarded at least one
contract or subcontract with a value of more than $7,500,000
that is covered by the cost accounting standards.''.
(b) Waiver.--Section 26(f) of that Act is further amended by adding
at the end the following:
``(5)(A) The head of an executive agency may waive the applicability
of the cost accounting standards for a contract or subcontract with a
value less than $15,000,000 if that official determines in writing that
the segment of the contractor or subcontractor that will perform the
work--
``(i) is primarily engaged in the sale of commercial items;
and
``(ii) would not otherwise be subject to the cost accounting
standards under this section, as in effect on or after the
effective date of this paragraph.
``(B) The head of an executive agency may also waive the
applicability of the cost accounting standards for a contract or
subcontract under exceptional circumstances when necessary to meet the
needs of the agency. A determination to waive the applicability of the
cost accounting standards under this subparagraph shall be set forth in
writing and shall include a statement of the circumstances justifying
the waiver.
``(C) The head of an executive agency may not delegate the authority
under subparagraph (A) or (B) to any official in the executive agency
below the senior policymaking level in the executive agency.
``(D) The Federal Acquisition Regulation shall include the
following:
``(i) Criteria for selecting an official to be delegated
authority to grant waivers under subparagraph (A) or (B).
``(ii) The specific circumstances under which such a waiver
may be granted.
``(E) The head of each executive agency shall report the waivers
granted under subparagraphs (A) and (B) for that agency to the Board on
an annual basis.''.
(c) Regulation <<NOTE: 41 USC 422 note.>> on Types of CAS
Coverage.--(1) The Administrator for Federal Procurement Policy shall
revise the rules and procedures prescribed pursuant to section 26(f) of
the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) to the
extent necessary to increase the thresholds established in section
9903.201-2 of title 48 of the Code of Federal Regulations from
$25,000,000 to $50,000,000.
(2) Paragraph (1) requires only a change of the statement of a
threshold condition in the regulation referred to by section number in
that paragraph, and shall not be construed as--
(A) a ratification or expression of approval of--
[[Page 113 STAT. 702]]
(i) any aspect of the regulation; or
(ii) the manner in which section 26 of the Office of
Federal Procurement Policy Act is administered through
the regulation; or
(B) a requirement to apply the regulation.
(d) Implementation.--The <<NOTE: 41 USC 422 note.>> Administrator
for Federal Procurement Policy shall ensure that this section and the
amendments made by this section are implemented in a manner that ensures
that the Federal Government can recover costs, as appropriate, in a case
in which noncompliance with cost accounting standards, or a change in
the cost accounting system of a contractor segment or subcontractor
segment that is not determined to be desirable by the Federal
Government, results in a shift of costs from contracts that are not
covered by the cost accounting standards to contracts that are covered
by the cost accounting standards.
(e) Implementation <<NOTE: 41 USC 422 note.>> of Requirements for
Revision of Regulations.--(1) Final regulations required by subsection
(c) shall be issued not later than 180 days after the date of the
enactment of this Act.
(2) Subsection (c) shall cease to be effective one year after the
date on which final regulations issued in accordance with that
subsection take effect.
(f) Study of Types of CAS Coverage.--The Administrator for Federal
Procurement Policy shall review the various categories of coverage of
contracts for applying cost accounting standards and, not later than the
date on which the President submits to Congress the budget for fiscal
year 2001 under section 1105(a) of title 31, United States Code, submit
to Congress a report on the results of the review. The report shall
include an analysis of the matters reviewed and any recommendations that
the Administrator considers appropriate regarding such matters.
(g) Inapplicability <<NOTE: 41 USC 422 note.>> of Standards to
Certain Contracts.--The cost accounting standards issued pursuant to
section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)), as amended by this section, shall not apply during fiscal year
2000 with respect to a contract entered into under the authority
provided in chapter 89 of title 5, United States Code (relating to
health benefits for Federal employees).
(h) Construction <<NOTE: 41 USC 422 note.>> Regarding Certain Not-
For-Profit Entities.--The amendments made by subsections (a) and (b)
shall not be construed as modifying or superseding, nor as intended to
impair or restrict, the applicability of the cost accounting standards
described in section 26(f) of the Office of Federal Procurement Policy
Act (41 U.S.C. 422(f)) to--
(1) any educational institution or federally funded research
and development center that is associated with an educational
institution in accordance with Office of Management and Budget
Circular A-21, as in effect on January 1, 1999; or
(2) any contract with a nonprofit entity that provides
research and development and related products or services to the
Department of Defense.
(i) Effective <<NOTE: 41 USC 422 note.>> Date.--The amendments made
by subsections (a) and (b) shall take effect 180 days after the date of
enactment of this Act, and shall apply with respect to--
(1) contracts that are entered into on or after such
effective date; and
[[Page 113 STAT. 703]]
(2) determinations made on or after such effective date
regarding whether a segment of a contractor or subcontractor is
subject to the cost accounting standards under section 26(f) of
the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)),
regardless of whether the contracts on which such determinations
are made were entered into before, on, or after such date.
SEC. 803. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR COAL AND COKE.
(a) In General.--Section 2404 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``petroleum or natural gas'' and inserting ``a
defined fuel source'';
(B) in paragraph (1)--
(i) by striking ``petroleum market conditions
or natural gas market conditions, as the case may
be,'' and inserting ``market conditions for the
defined fuel source''; and
(ii) by striking ``acquisition of petroleum or
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'';
(2) in subsection (b), by striking ``petroleum or natural
gas'' in the second sentence and inserting ``a defined fuel
source'';
(3) in subsection (c), by striking ``petroleum'' and all
that follows through the period and inserting ``a defined fuel
source or services related to a defined fuel source by exchange
of a defined fuel source or services related to a defined fuel
source.'';
(4) in subsection (d)--
(A) by striking ``petroleum or natural gas'' in the
first sentence and inserting ``a defined fuel source'';
and
(B) by striking ``petroleum'' in the second sentence
and all that follows through the period and inserting
``a defined fuel source or services related to a defined
fuel source.''; and
(5) by adding at the end the following new subsection:
``(f) Defined Fuel Sources.--In this section, the term `defined fuel
source' means any of the following:
``(1) Petroleum.
``(2) Natural gas.
``(3) Coal.
``(4) Coke.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
[[Page 113 STAT. 704]]
``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. 804. GUIDANCE <<NOTE: 41 USC 253h note.>> ON USE OF TASK
ORDER AND DELIVERY ORDER CONTRACTS.
(a) Guidance in the Federal Acquisition Regulation.--Not later than
180 days after the date of the enactment of this Act, the Federal
Acquisition Regulation issued in accordance with sections 6 and 25 of
the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421)
shall be revised to provide guidance to agencies on the appropriate use
of task order and delivery order contracts in accordance with sections
2304a through 2304d of title 10, United States Code, and sections 303H
through 303K of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253h through 253k).
(b) Content <<NOTE: Regulations.>> of Guidance.--The regulations
issued pursuant to subsection (a) shall, at a minimum, provide the
following:
(1) Specific guidance on the appropriate use of
governmentwide and other multiagency contracts entered into in
accordance with the provisions of law referred to in that
subsection.
(2) Specific guidance on steps that agencies should take in
entering into and administering multiple award task order and
delivery order contracts to ensure compliance with--
(A) the requirement in section 5122 of the Clinger-
Cohen Act (40 U.S.C. 1422) for capital planning and
investment control in purchases of information
technology products and services;
(B) the requirement in section 2304c(b) of title 10,
United States Code, and section 303J(b) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253j(b)) to ensure that all contractors are
afforded a fair opportunity to be considered for the
award of task orders and delivery orders; and
(C) the requirement in section 2304c(c) of title 10,
United States Code, and section 303J(c) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253j(c)) for a statement of work in each task
order or delivery order issued that clearly specifies
all tasks to be performed or property to be delivered
under the order.
(c) GSA Federal Supply Schedules Program.--The Administrator for
Federal Procurement Policy shall consult with the Administrator of
General Services to assess the effectiveness of the multiple awards
schedule program of the General Services Administration referred to in
section 309(b)(3) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 259(b)(3)) that is administered as the Federal
Supply Schedules program. The assessment shall include examination of
the following:
(1) The administration of the program by the Administrator
of General Services.
[[Page 113 STAT. 705]]
(2) The ordering and program practices followed by Federal
customer agencies in using schedules established under the
program.
(d) GAO <<NOTE: Federal Register, publication.>> Report.--Not later
than one year after the date on which the regulations required by
subsection (a) are published in the Federal Register, the Comptroller
General shall submit to Congress an evaluation of--
(1) executive agency compliance with the regulations; and
(2) conformance of the regulations with existing law,
together with any recommendations that the Comptroller General
considers appropriate.
SEC. 805. CLARIFICATION OF DEFINITION OF COMMERCIAL ITEMS WITH
RESPECT TO ASSOCIATED SERVICES.
Section 4(12)(E) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)(E)) is amended to read as follows:
``(E) Installation services, maintenance services,
repair services, training services, and other services
if--
``(i) the services are procured for support of
an item referred to in subparagraph (A), (B), (C),
or (D), regardless of whether such services are
provided by the same source or at the same time as
the item; and
``(ii) the source of the services provides
similar services contemporaneously to the general
public under terms and conditions similar to those
offered to the Federal Government.''.
SEC. 806. USE OF SPECIAL SIMPLIFIED PROCEDURES FOR PURCHASES OF
COMMERCIAL ITEMS IN EXCESS OF THE
SIMPLIFIED ACQUISITION THRESHOLD.
(a) Extension of Authority.--Section 4202(e) of the Clinger-Cohen
Act of 1996 (divisions D and E of Public Law 104-106; 110 Stat. 654; 10
U.S.C. 2304 note) is amended by striking ``three years after the date on
which such amendments take effect pursuant to section 4401(b)'' and
inserting ``January 1, 2002''.
(b) GAO <<NOTE: Deadline. 10 USC 2304 note.>> Report.--Not later
than March 1, 2001, the Comptroller General shall submit to Congress an
evaluation of the test program authorized by the provisions in section
4202 of the Clinger-Cohen Act of 1996, together with any recommendations
that the Comptroller General considers appropriate regarding the test
program or the use of special simplified procedures for purchases of
commercial items in excess of the simplified acquisition threshold.
SEC. 807. REPEAL OF TERMINATION OF PROVISION OF CREDIT TOWARDS
SUBCONTRACTING GOALS FOR PURCHASES
BENEFITING SEVERELY HANDICAPPED PERSONS.
Section 2410d(c) of title 10, United States Code, is repealed.
SEC. 808. CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND
CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
Subsection (k) of section 2323 of title 10, United States Code, is
amended by striking ``2000'' both places it appears and inserting
``2003''.
SEC. 809. REQUIRED REPORTS FOR CERTAIN MULTIYEAR CONTRACTS.
Section 2306b(l) of title 10, United States Code, is amended--
[[Page 113 STAT. 706]]
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The head of an agency may not enter into a multiyear contract
(or extend an existing multiyear contract) until the Secretary of
Defense submits to the congressional defense committees a report with
respect to that contract (or contract extension) that provides the
following information, shown for each year in the current future-years
defense program and in the aggregate over the period of the current
future-years defense program:
``(A) The amount of total obligational authority under the
contract (or contract extension) and the percentage that such
amount represents of--
``(i) the applicable procurement account; and
``(ii) the agency procurement total.
``(B) The amount of total obligational authority under all
multiyear procurements of the agency concerned (determined
without regard to the amount of the multiyear contract (or
contract extension)) under multiyear contracts in effect
immediately before the contract (or contract extension) is
entered into and the percentage that such amount represents of--
``(i) the applicable procurement account; and
``(ii) the agency procurement total.
``(C) The amount equal to the sum of the amounts under
subparagraphs (A) and (B), and the percentage that such amount
represents of--
``(i) the applicable procurement account; and
``(ii) the agency procurement total.
``(D) The amount of total obligational authority under all
Department of Defense multiyear procurements (determined without
regard to the amount of the multiyear contract (or contract
extension)), including any multiyear contract (or contract
extension) that has been authorized by the Congress but not yet
entered into, and the percentage that such amount represents of
the procurement accounts of the Department of Defense treated in
the aggregate.''; and
(3) by adding at the end the following new paragraph:
``(9) In this subsection:
``(A) The term `applicable procurement account' means, with
respect to a multiyear procurement contract (or contract
extension), the appropriation account from which payments to
execute the contract will be made.
``(B) The term `agency procurement total' means the
procurement accounts of the agency entering into a multiyear
procurement contract (or contract extension) treated in the
aggregate.''.
Subtitle B--Other Matters
SEC. 811. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.
(a) Program Participation Term.--Subsection (e)(2) of section 831 of
the National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) is amended to read as follows:
[[Page 113 STAT. 707]]
``(2) A program participation term for any period of not
more than three years, except that the term may be a period of
up to five years if the Secretary of Defense determines in
writing that unusual circumstances justify a program
participation term in excess of three years.''.
(b) Incentives Authorized for Mentor Firms.--Subsection (g) of such
section is amended--
(1) in paragraph (1), by striking ``shall'' and inserting
``may'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``shall'' and inserting
``may'';
(ii) by striking ``subsection (f)'' and all
that follows through ``(i) as a line item'' and
inserting ``subsection (f) as provided for in a
line item'';
(iii) by striking the semicolon preceding
clause (ii) and inserting ``, except that this
sentence does not apply in a case in which the
Secretary of Defense determines in writing that
unusual circumstances justify reimbursement using
a separate contract.''; and
(iv) by striking clauses (ii), (iii), and
(iv); and
(B) by striking subparagraph (B) and inserting the
following:
``(B) The determinations made in annual performance reviews of a
mentor firm's mentor-protege agreement under subsection (l)(2) shall be
a major factor in the determinations of amounts of reimbursement, if
any, that the mentor firm is eligible to receive in the remaining years
of the program participation term under the agreement.
``(C) The total amount reimbursed under this paragraph to a mentor
firm for costs of assistance furnished in a fiscal year to a protege
firm may not exceed $1,000,000, except in a case in which the Secretary
of Defense determines in writing that unusual circumstances justify a
reimbursement of a higher amount.''; and
(3) in paragraph (3)(A), by striking ``either subparagraph
(A) or (C) of paragraph (2) or are reimbursed pursuant to
subparagraph (B) of such paragraph'' and inserting ``paragraph
(2)''.
(c) Three-Year Extension of Authority.--Subsection (j) of such
section is amended to read as follows:
``(j) Expiration of Authority.--(1) No mentor-protege agreement may
be entered into under subsection (e) after September 30, 2002.
``(2) No reimbursement may be paid, and no credit toward the
attainment of a subcontracting goal may be granted, under subsection (g)
for any cost incurred after September 30, 2005.''.
(d) Reports and Reviews.--(1) Subsection (l) of such section is
amended to read as follows:
``(l) Reports and Reviews.--(1) The mentor firm and protege firm
under a mentor-protege agreement shall submit to the Secretary of
Defense an annual report on the progress made by the protege firm in
employment, revenues, and participation in Department of Defense
contracts during the fiscal year covered by the report. The requirement
for submission of an annual report applies with respect to each fiscal
year covered by the program participation term under the agreement and
each of the two fiscal years following
[[Page 113 STAT. 708]]
the expiration of the program participation term. The Secretary shall
prescribe the timing and form of the annual report.
``(2)(A) The Secretary shall conduct an annual performance review of
each mentor-protege agreement that provides for reimbursement of costs.
The Secretary shall determine on the basis of the review whether--
``(i) all costs reimbursed to the mentor firm under the
agreement were reasonably incurred to furnish assistance to the
protege firm in accordance with the requirements of this section
and applicable regulations; and
``(ii) the mentor firm and protege firm accurately reported
progress made by the protege firm in employment, revenues, and
participation in Department of Defense contracts during the
program participation term covered by the mentor-protege
agreement and the two fiscal years following the expiration of
the program participation term.
``(B) The Secretary shall act through the Commander of the Defense
Contract Management Command in carrying out the reviews and making the
determinations under subparagraph (A).
``(3) Not later than 6 months after the end of each of fiscal years
2000 through 2004, the Secretary of Defense shall submit to Congress an
annual report on the Mentor-Protege Program for that fiscal year.
``(4) The annual report for a fiscal year shall include, at a
minimum, the following:
``(A) The number of mentor-protege agreements that were
entered into during the fiscal year.
``(B) The number of mentor-protege agreements that were in
effect during the fiscal year.
``(C) The total amount reimbursed to mentor firms pursuant
to subsection (g) during the fiscal year.
``(D) Each mentor-protege agreement, if any, that was
approved during the fiscal year in accordance with subsection
(e)(2) to provide a program participation term in excess of 3
years, together with the justification for the approval.
``(E) Each reimbursement of a mentor firm in excess of the
limitation in subsection (g)(2)(C) that was made during the
fiscal year pursuant to an approval granted in accordance with
that subsection, together with the justification for the
approval.
``(F) Trends in the progress made in employment, revenues,
and participation in Department of Defense contracts by the
protege firms participating in the program during the fiscal
year and the protege firms that completed or otherwise
terminated participation in the program during the preceding two
fiscal years.''.
(2)(A) <<NOTE: 10 USC 2302 note.>> The Secretary of Defense shall
conduct a review of the Mentor-Protege Program established in section
831 of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note) to assess the feasibility of
transitioning such program to operation without a specific appropriation
or authority to provide reimbursement to a mentor firm as provided in
subsection (g) of such section (as amended by subsection (b)).
(B) In conducting the review under subparagraph (A), the Secretary
shall assess possible additional incentives that may be extended to
mentor firms to ensure adequate support and participation in the Mentor-
Protege Program, including increasing the level
[[Page 113 STAT. 709]]
of credit in lieu of subcontract awards presently extended to mentor
firms for purposes of determining whether mentor firms attain
subcontracting participation goals applicable under Department of
Defense contracts.
(C) <<NOTE: Deadline.>> Not later than September 30, 2000, the
Secretary shall submit to the Committees on Armed Services of the Senate
and the House of Representatives--
(i) a report on the results of the review conducted under
this paragraph; and
(ii) any recommendations of the Secretary for legislative
action.
(3)(A) <<NOTE: 10 USC 2302 note.>> The Comptroller General shall
conduct a study on the implementation of the Mentor-Protege Program
established in section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) and the
extent to which the program is achieving the purposes established in
that section in a cost-effective manner.
(B) The study shall include the following:
(i) A review of the manner in which funds for the Mentor-
Protege Program have been obligated.
(ii) An identification and assessment of the average amount
spent by the Department of Defense on individual mentor-protege
agreements, and the correlation between levels of funding and
business development of protege firms.
(iii) An evaluation of the effectiveness of the incentives
provided to mentor firms to participate in the Mentor-Protege
Program and whether reimbursements remain a cost-effective and
viable incentive.
(iv) An assessment of the success of the Mentor-Protege
Program in enhancing the business competitiveness and financial
independence of protege firms.
(v) A review of the relationship between the results of the
Mentor-Protegee Program and the objectives established in
section 2323 of title 10, United States Code.
(C) <<NOTE: Reports. Deadline.>> Not later than January 1, 2002, the
Comptroller General shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the results of the
study.
(e) Repeal of Limitation on Availability of Funding.--Subsection (n)
of <<NOTE: 10 USC 2302 note.>> section 831 of such Act is repealed.
(f) Effective <<NOTE: 10 USC 2302 note.>> Date and Savings
Provision.--(1) The amendments made by this section shall take effect on
October 1, 1999, and shall apply with respect to mentor-protege
agreements that are entered into under section 831(e) of the National
Defense Authorization Act for Fiscal Year 1991 on or after that date.
(2) Section 831 of the National Defense Authorization Act for Fiscal
Year 1991, as in effect on September 30, 1999, shall continue to apply
with respect to mentor-protege agreements entered into before October 1,
1999.
SEC. 812. PROGRAM <<NOTE: Deadlines.>> TO INCREASE BUSINESS
INNOVATION IN DEFENSE ACQUISITION
PROGRAMS.
(a) Requirement <<NOTE: Federal Register, publication. 10 USC 2302
note.>> To Develop Plan.--Not later than March 1, 2000, the Secretary of
Defense shall publish in the Federal Register for public comment a plan
to provide for increased innovative technology for acquisition programs
of the Department of Defense from commercial private sector entities,
including small-business concerns.
[[Page 113 STAT. 710]]
(b) Implementation <<NOTE: 10 USC 2302 note.>> of Plan.--Not later
than March 1, 2001, the Secretary of Defense shall implement the plan
required by subsection (a), subject to any modifications the Secretary
may choose to make in response to comments received.
(c) Elements <<NOTE: 10 USC 2302 note.>> of Plan.--The plan required
by subsection (a) shall include, at a minimum, the following elements:
(1) Procedures through which commercial private sector
entities, including small-business concerns, may submit
proposals recommending cost-saving and innovative ideas to
acquisition program managers.
(2) A review process designed to make recommendations on the
merit and viability of the proposals submitted under paragraph
(1) at appropriate times during the acquisition cycle.
(3) Measures to limit potential disruptions to existing
contracts and programs from proposals accepted and incorporated
into acquisition programs of the Department of Defense.
(4) Measures to ensure that research and development efforts
of small-business concerns are considered as early as possible
in a program's acquisition planning process to accommodate
potential technology insertion without disruption to existing
contracts and programs.
(d) Requirement for Report.--Not later than March 1, 2000, the
Secretary of Defense shall submit to the congressional defense
committees a report on the status of the Small Business Innovation
Research program rapid transition plan required by section 818 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2089). The report shall include the
following:
(1) The status of the implementation of each of the
provisions of the plan.
(2) For any provision of the plan that has not been fully
implemented as of the date of the report--
(A) the reasons that the provision has not been
fully implemented; and
(B) a schedule, including specific milestones, for
the implementation of the provision.
(e) Small-Business <<NOTE: 10 USC 2302 note.>> 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.).
SEC. 813. INCENTIVES TO PRODUCE INNOVATIVE NEW TECHNOLOGIES.
(a) Review of Guidelines.--The Secretary of Defense shall review the
profit guidelines established in the Department of Defense Supplement to
the Federal Acquisition Regulation to consider whether appropriate
modifications, such as placing increased emphasis on technical risk as a
factor for determining appropriate profit margins, would provide an
increased profit incentive for contractors to develop and produce
complex and innovative new technologies.
(b) Changes <<NOTE: Deadline.>> to Guidelines; Report.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
shall--
(1) make any changes to the profit guidelines that the
Secretary determines to be necessary; and
(2) report to Congress on the results of the review
conducted under subsection (a) and on any changes to the profit
guidelines
[[Page 113 STAT. 711]]
that the Secretary determines to be necessary pursuant to
paragraph (1).
SEC. 814. PILOT <<NOTE: 10 USC 2461 note.>> PROGRAM FOR COMMERCIAL
SERVICES.
(a) Program Authorized.--The Secretary of Defense may carry out a
pilot program to treat procurements of commercial services as
procurements of commercial items.
(b) Designation of Pilot Program Categories.--The Secretary of
Defense may designate the following categories of services as commercial
services covered by the pilot program:
(1) Utilities and housekeeping services.
(2) Education and training services.
(3) Medical services.
(c) Treatment as Commercial Items.--A Department of Defense contract
for the procurement of commercial services designated by the Secretary
for the pilot program shall be treated as a contract for the procurement
of commercial items, as defined in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)), if the source of the
services provides similar services contemporaneously to the general
public under terms and conditions similar to those offered to the
Federal Government.
(d) Guidance.--Not <<NOTE: Deadline.>> later than 90 days after the
date of the enactment of this Act, the Secretary shall issue guidance to
procurement officials on contracting for commercial services under the
pilot program. The guidance shall place particular emphasis on ensuring
that negotiated prices for designated services, including prices
negotiated without competition, are fair and reasonable.
(e) Unified Management of Procurements.--The Secretary of Defense
shall develop and implement procedures to ensure that, whenever
appropriate, a single item manager or contracting officer is responsible
for entering into all contracts from a single contractor for commercial
services under the pilot program.
(f) Duration of Pilot Program.--(1) The pilot program shall begin on
the date that the Secretary issues the guidance required by subsection
(d) and may continue for a period, not in excess of five years, that the
Secretary shall establish.
(2) The pilot program shall cover Department of Defense contracts
for the procurement of commercial services designated by the Secretary
under subsection (b) that are awarded or modified during the period of
the pilot program, regardless of whether the contracts are performed
during the period.
(g) Report to Congress.--(1) The Secretary shall submit to Congress
a report on the impact of the pilot program on--
(A) prices paid by the Federal Government under contracts
for commercial services covered by the pilot program;
(B) the quality and timeliness of the services provided
under such contracts; and
(C) the extent of competition for such contracts.
(2) The Secretary shall submit the report--
(A) <<NOTE: Deadline.>> not later than 90 days after the end
of the third full fiscal year for which the pilot program is in
effect; or
(B) if the period established for the pilot program under
subsection (f)(1) does not cover three full fiscal years, not
later than 90 days after the end of the designated period.
(h) Price Trend Analysis.--The Secretary of Defense shall apply the
procedures developed pursuant to section 803(c) of the Strom Thurmond
National Defense Authorization Act for Fiscal
[[Page 113 STAT. 712]]
Year 1999 (Public Law 105-261; 112 Stat. 2081; 10 U.S.C. 2306a note) to
collect and analyze information on price trends for all services covered
by the pilot program and for the services in such categories of services
not covered by the pilot program to which the Secretary considers it
appropriate to apply those procedures.
SEC. 815. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE
CERTAIN PROCUREMENTS FROM SMALL ARMS
PRODUCTION INDUSTRIAL BASE.
(a) M-2 and M-60 Machine Guns.--In <<NOTE: 10 USC 2473
note.>> fulfilling the requirement under subsection (e) of section 809
of the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2086; 10 U.S.C. 2473 note), if the
Secretary of the Army determines that it is necessary to protect the
small arms production industrial base, the Secretary shall exercise the
authority under subsection (f) of such section with regard to M-2 and M-
60 machine guns.
(b) Covered Property and Services.--Section 2473(b) of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``Repair'' and inserting ``Critical
repair'';
(B) by striking ``including repair parts''; and
(C) by inserting ``only'' after ``consisting''; and
(2) in paragraph (2), by adding ``such'' after
``Modifications of''.
SEC. 816. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES OF
EQUIPMENT AND PRODUCTS.
(a) Sense of Congress Regarding Purchase by the Department of
Defense of Equipment and Products.--It is the sense of Congress that any
entity of the Department of Defense, in expending funds authorized by
this Act for the purchase of equipment or products, should fully comply
with the Buy American Act (41 U.S.C. 10a et seq.) and section 2533 of
title 10, United States Code.
(b) Debarment <<NOTE: 10 USC 2410f note.>> of Persons Convicted of
Fraudulent Use of ``Made in America'' Labels.--If the Secretary of
Defense determines that a person has been convicted of intentionally
affixing a label bearing a ``Made in America'' inscription, or another
inscription with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the Secretary
shall determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contracting with
the Department of Defense.
SEC. 817. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS
SUBCONTRACTING PLANS.
Section 834(e) 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 ``September 30, 2000'' and inserting ``September 30, 2005''.
SEC. 818. EXTENSION OF INTERIM REPORTING RULE FOR CERTAIN
PROCUREMENTS LESS THAN $100,000.
Section 31(e) of the Office of Federal Procurement Policy Act (41
U.S.C. 427(e)) is amended by striking ``October 1, 1999'' and inserting
``October 1, 2004''.
[[Page 113 STAT. 713]]
SEC. 819. INSPECTOR GENERAL REVIEW OF COMPLIANCE WITH BUY AMERICAN
ACT IN PURCHASES OF STRENGTH TRAINING
EQUIPMENT.
(a) Review Required.--The Inspector General of the Department of
Defense shall conduct a review to determine the extent to which the
purchases described in subsection (b) are being made in compliance with
the Buy American Act (41 U.S.C. 10a et seq.).
(b) Purchases Covered.--The review shall cover purchases, made
during the review period, of free weights and other exercise equipment
for use in strength training by members of the Armed Forces stationed at
defense installations located in the United States (including its
territories and possessions). For purposes of the preceding sentence,
the review period is the period beginning on April 1, 1998, and ending
on March 31, 2000. Purchases not in excess of the micro-purchase
threshold shall be excluded from the review.
(c) Report.--Not <<NOTE: Deadline.>> later than December 31, 2000,
the Secretary of Defense shall submit to Congress a report on the
results of the review.
(d) Definitions.--In this section:
(1) The term ``free weights'' means dumbbells or solid
metallic disks balanced on crossbars, designed to be lifted for
strength training or athletic competition.
(2) The term ``micro-purchase threshold'' means the amount
specified in section 32(f) of the Office of Federal Procurement
Policy Act (41 U.S.C. 428(f)).
SEC. 820. REPORT ON OPTIONS FOR ACCELERATED ACQUISITION OF
PRECISION MUNITIONS.
(a) Findings.--Congress finds the following:
(1) Current Department of Defense inventories of many types
of precision munitions do not meet the requirements for such
munitions under the National Military Strategy that the
Department of Defense have the capability to conduct two nearly
simultaneous Major Theater Wars, and with respect to some types
of precision munitions, those requirements will not be met even
after planned acquisitions are complete.
(2) Production lines for certain types of critical precision
munitions have been shut down, and the start-up production of
replacement precision munitions leaves a critical gap in
acquisition of follow-on precision munitions.
(3) Shortages of conventional air-launched cruise missiles
during Operation Allied Force (conducted against the Federal
Republic of Yugoslavia in the spring of 1999) and the necessity
to replenish inventories of land-attack Tomahawk cruise missiles
following that operation indicate the critical need to maintain
sufficient inventories of precision munitions.
(b) Report.--Not <<NOTE: Deadline.>> later than February 15, 2000,
the Secretary of Defense shall submit to the congressional defense
committees a report on the requirements of the Department of Defense for
precision munitions under the National Military Strategy that the
Department of Defense have the capability to conduct two nearly
simultaneous Major Theater Wars. The report shall include the following:
(1) The effect of recent conflicts on the shift to precision
munitions of targets previously allocated to nonprecision
munitions in the inventory requirements process.
[[Page 113 STAT. 714]]
(2) The required inventories of precision munitions, by
type, including existing or planned munitions or such munitions
with appropriate upgrades, to meet the requirement that the
Department of Defense have the capability to conduct two nearly
simultaneous Major Theater Wars.
(3) Current inventories of those precision munitions.
(4) The year when required inventories for each of those
types of precision munitions will be achieved within the
acquisition plans set forth in the budget of the President for
fiscal year 2001.
(5) The year those inventories would be achieved within
existing or planned production capacity if produced at--
(A) the minimum sustained production rate;
(B) the most economic production rate; and
(C) the maximum production rate.
(6) The required level of funding to support production for
each of those types of munitions at each of the production rates
specified in paragraph (5), compared to the funding programmed
for each type of munition in the future-years defense program
using the acquisition plans specified in paragraph (4).
(7) With respect to each existing or planned munitions for
which the inventory is not expected to meet the two Major
Theater War requirement by October 1, 2005, the Secretary's
assessment of the risk associated with not having met such
requirement by that date.
SEC. 821. TECHNICAL AMENDMENT TO PROHIBITION ON RELEASE OF
CONTRACTOR PROPOSALS UNDER THE FREEDOM OF
INFORMATION ACT.
Section 2305(g) of title 10, United States Code, is amended in
paragraph (1) by striking ``the Department of Defense'' and inserting
``an agency named in section 2303 of this title''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Strategic Planning
Sec. 901. Permanent requirement for Quadrennial Defense Review.
Sec. 902. Minimum interval for updating and revising Department of
Defense strategic plan.
Subtitle B--Department of Defense Organization
Sec. 911. Responsibility for logistics and sustainment functions of the
Department of Defense.
Sec. 912. Enhancement of technology security program of Department of
Defense.
Sec. 913. Efficient utilization of defense laboratories.
Sec. 914. Center for the Study of Chinese Military Affairs.
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security
Studies of foreign gifts and donations.
Subtitle C--Personnel Management
Sec. 921. Revisions to limitations on number of personnel assigned to
major Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations
tempo and personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program
for military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in
defense acquisition workforce.
[[Page 113 STAT. 715]]
Subtitle D--Other Matters
Sec. 931. Additional matters for annual reports on joint warfighting
experimentation.
Sec. 932. Oversight of Department of Defense activities to combat
terrorism.
Sec. 933. Responsibilities and accountability for certain financial
management functions.
Sec. 934. Management of Civil Air Patrol.
Subtitle A--Department of Defense Strategic Planning
SEC. 901. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE REVIEW.
(a) Review Required.--(1) Chapter 2 of title 10, United States Code,
is amended by inserting after section 117 the following new section:
``Sec. 118. Quadrennial defense review
``(a) Review Required.--The Secretary of Defense shall every four
years, during a year following a year evenly divisible by four, conduct
a comprehensive examination (to be known as a `quadrennial defense
review') of the national defense strategy, force structure, force
modernization plans, infrastructure, budget plan, and other elements of
the defense program and policies of the United States with a view toward
determining and expressing the defense strategy of the United States and
establishing a defense program for the next 20 years. Each such
quadrennial defense review shall be conducted in consultation with the
Chairman of the Joint Chiefs of Staff.
``(b) Conduct of Review.--Each quadrennial defense review shall be
conducted so as--
``(1) to delineate a national defense strategy consistent
with the most recent National Security Strategy prescribed by
the President pursuant to section 108 of the National Security
Act of 1947 (50 U.S.C. 404a);
``(2) to define sufficient force structure, force
modernization plans, infrastructure, budget plan, and other
elements of the defense program of the United States associated
with that national defense strategy that would be required to
execute successfully the full range of missions called for in
that national defense strategy; and
``(3) to identify (A) the budget plan that would be required
to provide sufficient resources to execute successfully the full
range of missions called for in that national defense strategy
at a low-to-moderate level of risk, and (B) any additional
resources (beyond those programmed in the current future-years
defense program) required to achieve such a level of risk.
``(c) Assessment of Risk.--The assessment of risk for the purposes
of subsection (b) shall be undertaken by the Secretary of Defense in
consultation with the Chairman of the Joint Chiefs of Staff. That
assessment shall define the nature and magnitude of the political,
strategic, and military risks associated with executing the missions
called for under the national defense strategy.
``(d) Submission of QDR to Congressional Committees.--The Secretary
shall submit a report on each quadrennial defense review to the
Committees on Armed Services of the Senate and
[[Page 113 STAT. 716]]
the House of Representatives. <<NOTE: Deadline.>> The report shall be
submitted not later than September 30 of the year in which the review is
conducted. The report shall include the following:
``(1) The results of the review, including a comprehensive
discussion of the national defense strategy of the United States
and the force structure best suited to implement that strategy
at a low-to-moderate level of risk.
``(2) The assumed or defined national security interests of
the United States that inform the national defense strategy
defined in the review.
``(3) The threats to the assumed or defined national
security interests of the United States that were examined for
the purposes of the review and the scenarios developed in the
examination of those threats.
``(4) The assumptions used in the review, including
assumptions relating to--
``(A) the status of readiness of United States
forces;
``(B) the cooperation of allies, mission-sharing and
additional benefits to and burdens on United States
forces resulting from coalition operations;
``(C) warning times;
``(D) levels of engagement in operations other than
war and smaller-scale contingencies and withdrawal from
such operations and contingencies; and
``(E) the intensity, duration, and military and
political end-states of conflicts and smaller-scale
contingencies.
``(5) The effect on the force structure and on readiness for
high-intensity combat of preparations for and participation in
operations other than war and smaller-scale contingencies.
``(6) The manpower and sustainment policies required under
the national defense strategy to support engagement in conflicts
lasting longer than 120 days.
``(7) The anticipated roles and missions of the reserve
components in the national defense strategy and the strength,
capabilities, and equipment necessary to assure that the reserve
components can capably discharge those roles and missions.
``(8) The appropriate ratio of combat forces to support
forces (commonly referred to as the `tooth-to-tail' ratio) under
the national defense strategy, including, in particular, the
appropriate number and size of headquarters units and Defense
Agencies for that purpose.
``(9) The strategic and tactical air-lift, sea-lift, and
ground transportation capabilities required to support the
national defense strategy.
``(10) The forward presence, pre-positioning, and other
anticipatory deployments necessary under the national defense
strategy for conflict deterrence and adequate military response
to anticipated conflicts.
``(11) The extent to which resources must be shifted among
two or more theaters under the national defense strategy in the
event of conflict in such theaters.
``(12) The advisability of revisions to the Unified Command
Plan as a result of the national defense strategy.
``(13) The effect on force structure of the use by the armed
forces of technologies anticipated to be available for the
ensuing 20 years.
``(14) Any other matter the Secretary considers appropriate.
[[Page 113 STAT. 717]]
``(e) CJCS Review.--Upon the completion of each review under
subsection (a), the Chairman of the Joint Chiefs of Staff shall prepare
and submit to the Secretary of Defense the Chairman's assessment of the
review, including the Chairman's assessment of risk. The Chairman's
assessment shall be submitted to the Secretary in time for the inclusion
of the assessment in the report. The Secretary shall include the
Chairman's assessment, together with the Secretary's comments, in the
report in its entirety.''.
(2) The table of sections at the beginning of chapter 2 of such
title is amended by inserting after the item relating to section 117 the
following new item:
``118. Quadrennial defense review.''.
(b) Date for Submission of National Security Strategy.--Section
108(a) of the National Security Act of 1947 (50 U.S.C. 404a(a)) is
amended by adding at the end the following new paragraph:
``(3) <<NOTE: Deadline.>> Not later than 150 days after the date on
which a new President takes office, the President shall transmit to
Congress a national security strategy report under this section. That
report shall be in addition to the report for that year transmitted at
the time specified in paragraph (2).''.
(c) Specified <<NOTE: 10 USC 118 note.>> Matter for Next QDR.--In
the first quadrennial defense review conducted under section 118 of
title 10, United States Code, as added by subsection (a), the Secretary
shall include in the technologies considered for the purposes of
paragraph (13) of subsection (d) of that section the following:
precision guided munitions, stealth, night vision, digitization, and
communications.
SEC. 902. MINIMUM INTERVAL FOR UPDATING AND REVISING DEPARTMENT OF
DEFENSE STRATEGIC PLAN.
Section 306(b) of title 5, United States Code, is amended by
striking ``, and shall be updated and revised at least every three
years.'' and inserting a period and the following: ``The strategic plan
shall be updated and revised at least every three years, except that the
strategic plan for the Department of Defense shall be updated and
revised at least every four years.''.
Subtitle B--Department of Defense Organization
SEC. 911. RESPONSIBILITY FOR LOGISTICS AND SUSTAINMENT FUNCTIONS
OF THE DEPARTMENT OF DEFENSE.
(a) Under <<NOTE: 10 USC 133 note.>> 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
[[Page 113 STAT. 718]]
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, Technology, and Logistics providing guidance to
and consulting with the Secretaries of the military departments,
with respect to logistics, maintenance, materiel readiness, and
sustainment support in the Department of Defense; and
``(3) monitoring and reviewing all logistics, maintenance,
materiel readiness, and sustainment support programs in the
Department of Defense.''.
(2) Section 5314 of title 5, United States Code, is amended by
inserting after the paragraph relating to the Deputy Under Secretary of
Defense for Acquisition and Technology the following new paragraph:
``Deputy Under Secretary of Defense for Logistics and
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--
[[Page 113 STAT. 719]]
(1) by striking ``his duties'' in the first sentence and
inserting ``the Under Secretary's duties relating to acquisition
and technology''; and
(2) by striking the second sentence.
(d) Conforming Amendments to Chapter 4.--Chapter 4 of such title is
further amended as follows:
(1) Sections 131(b)(2), 134(c), 137(b), and 139(b) are
amended by striking ``Under Secretary of Defense for 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. 912. ENHANCEMENT OF TECHNOLOGY SECURITY PROGRAM OF DEPARTMENT
OF DEFENSE.
(a) Specification of Technology Security Directorate.--For purposes
of this section, a reference to the Technology Security Directorate is a
reference to the element within the Defense Threat Reduction Agency of
the Department of Defense having responsibility for technology security
matters (known as of the date of the enactment of this Act as the
Technology Security Directorate).
(b) Functions.--The head of the Technology Security Directorate
shall have authority to advise the Secretary of Defense and the Deputy
Secretary of Defense, through the Under Secretary of Defense for Policy,
on policy issues related to the transfer of strategically sensitive
technology, including issues relating to the following:
(1) Strategic trade.
(2) Defense cooperative programs.
(3) Science and technology agreements and exchanges.
(4) Export of munitions items.
(5) International memorandums of understanding.
(6) Foreign acquisitions.
(c) Resources for Technology Security Directorate.--The Secretary of
Defense shall ensure that the head of the Technology Security
Directorate has appropriate personnel and fiscal resources available,
and receives all necessary support, to carry out the missions of the
Directorate efficiently and effectively.
[[Page 113 STAT. 720]]
(d) Approval Authority of Under Secretary for Policy.--Staff and
resources of the Technology Security Directorate may not be used to
fulfill any requirement or activity of the Defense Threat Reduction
Agency that does not directly relate to the technology security and
export control missions of the Technology Security Directorate except
with the prior approval of the Under Secretary of Defense for Policy.
(e) Report <<NOTE: Deadline.>> on Export Control Resources.--Not
later than March 1, 2000, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the personnel
and budget resources of the Technology Security Directorate as of
October 1, 1998, and as of September 30, 1999, as well as any planned
increases in those resources for fiscal years 2000 and 2001. The report
shall include the following:
(1) Numbers of personnel, measured in full-time equivalents.
(2) Number of license applications reviewed.
(3) The budget of the Technology Security Directorate.
(4) The number of personnel during the preceding fiscal year
assigned to the Technology Security Directorate who were
assigned during that year to assist in activities of the Defense
Threat Reduction Agency unrelated to technology security or
export control issues, together with an explanation of the
effect of any such assignment on the Directorate's ability to
fulfill its mission.
SEC. 913. EFFICIENT UTILIZATION OF DEFENSE LABORATORIES.
(a) Analysis <<NOTE: Deadlines.>> by Independent Panel.--(1) Not
later than 45 days after the date of the enactment of this Act, the
Secretary of Defense shall convene a panel of independent experts under
the auspices of the Defense Science Board to conduct an analysis of the
resources and capabilities of all of the laboratories and test and
evaluation facilities of the Department of Defense, including those of
the military departments. In conducting the analysis, the panel shall
identify opportunities to achieve efficiency and reduce duplication of
efforts by consolidating responsibilities by area or function or by
designating lead agencies or executive agents in cases considered
appropriate. The panel shall report its findings to the Secretary of
Defense and to Congress not later than August 1, 2000.
(2) The analysis required by paragraph (1) shall, at a minimum,
address the capabilities of the laboratories and test and evaluation
facilities in the areas of air vehicles, armaments, command, control,
communications, and intelligence, space, directed energy, electronic
warfare, medicine, corporate laboratories, civil engineering,
geophysics, and the environment.
(b) Performance <<NOTE: Deadline. 10 USC 2364 note.>> Review
Process.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall develop an appropriate
performance review process for rating the quality and relevance of work
performed by the Department of Defense laboratories. The process shall
include customer evaluation and peer review by Department of Defense
personnel and appropriate experts from outside the Department of
Defense. The process shall provide for rating all laboratories of the
Army, Navy, and Air Force on a consistent basis.
[[Page 113 STAT. 721]]
SEC. 914. CENTER <<NOTE: 10 USC 2165 note.>> FOR THE STUDY OF
CHINESE MILITARY AFFAIRS.
(a) Establishment.--The Secretary of Defense shall establish a
Center for the Study of Chinese Military Affairs as part of the National
Defense University. The Center shall be organized under the Institute
for National Strategic Studies of the University.
(b) Qualifications of Director.--The Director of the Center shall be
an individual who is a distinguished scholar of proven academic,
management, and leadership credentials with a superior record of
achievement and publication regarding Chinese political, strategic, and
military affairs.
(c) Mission.--The mission of the Center is to study and inform
policymakers in the Department of Defense, Congress, and throughout the
Government regarding the national goals and strategic posture of the
People's Republic of China and the ability of that nation to develop,
field, and deploy an effective military instrument in support of its
national strategic objectives. The Center shall accomplish that mission
by a variety of means intended to widely disseminate the research
findings of the Center.
(d) Startup <<NOTE: Deadlines.>> of Center.--The Secretary of
Defense shall establish the Center for the Study of Chinese Military
Affairs not later than March 1, 2000. The first Director of the Center
shall be appointed not later than June 1, 2000. The Center should be
fully operational not later than June 1, 2001.
(e) Implementation <<NOTE: Deadlines.>> Report.--(1) Not later than
January 1, 2001, the President of the National Defense University shall
submit to the Secretary of Defense a report setting forth the
President's organizational plan for the Center for the Study of Chinese
Military Affairs, the proposed budget for the Center, and the timetable
for initial and full operations of the Center. The President of the
National Defense University shall prepare that report in consultation
with the Director of the Center and the Director of the Institute for
National Strategic Studies of the University.
(2) The Secretary of Defense shall transmit the report under
paragraph (1), together with whatever comments the Secretary considers
appropriate, to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives not later
than February 1, 2001.
SEC. 915. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR
SECURITY STUDIES OF FOREIGN GIFTS AND
DONATIONS.
(a) In General.--Chapter 155 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2611. Asia-Pacific Center for Security Studies: acceptance
of foreign gifts and donations
``(a) Authority To Accept Foreign Gifts and Donations.--(1) Subject
to subsection (b), the Secretary of Defense may accept, on behalf of the
Asia-Pacific Center, foreign gifts or donations in order to defray the
costs of, or enhance the operation of, the Asia-Pacific Center.
``(2) In this section, the term `Asia-Pacific Center' means the
Department of Defense organization within the United States Pacific
Command known as the Asia-Pacific Center for Security Studies.
[[Page 113 STAT. 722]]
``(b) Limitation.--The Secretary may not accept a gift or donation
under subsection (a) if the acceptance of the gift or donation would
compromise or appear to compromise--
``(1) the ability of the Department of Defense, any employee
of the Department, or members of the armed forces to carry out
any responsibility or duty of the Department in a fair and
objective manner; or
``(2) the integrity of any program of the Department of
Defense or of any person involved in such a program.
``(c) Criteria for Acceptance.--The Secretary shall prescribe
written guidance setting forth the criteria to be used in determining
whether the acceptance of a foreign gift or donation would have a result
described in subsection (b).
``(d) Crediting of Funds.--Funds accepted by the Secretary under
subsection (a) shall be credited to appropriations available to the
Department of Defense for the Asia-Pacific Center. Funds so credited
shall be merged with the appropriations to which credited and shall be
available to the Asia-Pacific Center for the same purposes and same
period as the appropriations with which merged.
``(e) Notice to Congress.--If the total amount of funds accepted
under subsection (a) in any fiscal year exceeds $2,000,000, the
Secretary shall notify Congress of the amount of those donations for
that fiscal year. Any such notice shall list each of the contributors of
such amounts and the amount of each contribution in that fiscal year.
``(f) Foreign Gift or Donation Defined.--For purposes of this
section, a foreign gift or donation is a gift or donation of funds,
materials (including research materials), property, or services
(including lecture services and faculty services) from a foreign
government, a foundation or other charitable organization in a foreign
country, or an individual in a foreign country.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2611. Asia-Pacific Center for Security Studies: acceptance of foreign
gifts and donations.''.
Subtitle C--Personnel Management
SEC. 921. REVISIONS TO LIMITATIONS ON NUMBER OF PERSONNEL ASSIGNED
TO MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES.
(a) Revised Limitation.--(1) Section 130a of title 10, United States
Code, is amended to read as follows:
``Sec. 130a. Major Department of Defense headquarters activities
personnel: limitation
``(a) Limitation.--Effective <<NOTE: Deadline.>> October 1, 2002,
the number of major headquarters activities personnel in the Department
of Defense may not exceed 85 percent of the baseline number.
``(b) Phased Reduction.--The number of major headquarters activities
personnel in the Department of Defense--
``(1) as of October 1, 2000, may not exceed 95 percent of
the baseline number; and
``(2) as of October 1, 2001, may not exceed 90 percent of
the baseline number.
[[Page 113 STAT. 723]]
``(c) Baseline Number.--In this section, the term `baseline number'
means the number of major headquarters activities personnel in the
Department of Defense as of October 1, 1999.
``(d) Major Headquarters Activities.--(1) For purposes of this
section, major headquarters activities are those headquarters (and the
direct support integral to their operation) the primary mission of which
is to manage or command the programs and operations of the Department of
Defense, the Department of Defense components, and their major military
units, organizations, or agencies. Such term includes management
headquarters, combatant headquarters, and direct support.
``(2) The specific elements of the Department of Defense that are
major headquarters activities for the purposes of this section are those
elements identified as Major DoD Headquarters Activities in accordance
with Department of Defense Directive 5100.73, entitled `Major Department
of Defense Headquarters Activities', issued on May 13, 1999. The
provisions of that directive applicable to identification of any
activity as a `Major DoD Headquarters Activity' may not be changed
except as provided by law.
``(e) Major Headquarters Activities Personnel.--In this section, the
term `major headquarters activities personnel' means military and
civilian personnel of the Department of Defense who are assigned to, or
employed in, functions in major headquarters activities.
``(f) Limitation on Reassignment of Functions.--In carrying out
reductions in the number of personnel assigned to, or employed in, major
headquarters activities in order to comply with this section, the
Secretary of Defense and the Secretaries of the military departments may
not reassign functions in order to evade the requirements of this
section.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 3 of such title is amended to read as follows:
``130a. Major Department of Defense headquarters activities personnel:
limitation.''.
(b) Report.--Not <<NOTE: Deadline.>> later than October 1, 2000, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report providing--
(1) the Secretary's assessment of the manner in which major
headquarters activities are specified in subsection (d) of
section 130a of title 10, United States Code, as amended by
subsection (a);
(2) the baseline number in effect for purposes of that
section; and
(3) the effect (if any) of the reductions required by that
section on the Department's various headquarters activities.
(c) Technical Amendments to Update Limitation on OSD Personnel.--
Effective <<NOTE: Effective date.>> October 1, 1999, section 143 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Effective October 1, 1999, the''
and inserting ``The''; and
(B) by striking ``75 percent of the baseline
number'' and inserting ``3,767''.
(2) by striking subsections (b), (c), and (f); and
[[Page 113 STAT. 724]]
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively.
SEC. 922. DEFENSE ACQUISITION WORKFORCE REDUCTIONS.
(a) Reduction.--The Secretary of Defense shall implement reductions
during fiscal year 2000 in the defense acquisition and support workforce
in a number not less than the number by which that workforce is
programmed to be reduced during that fiscal year in the President's
budget for that fiscal year.
(b) Administrative Flexibility.--If the Secretary determines and
certifies to Congress that changed circumstances require, in the
national security interest of the United States, that the reduction
under subsection (a) be in a number less than the number applicable
under that subsection, the Secretary may specify a lower number for that
reduction, which may not be less than 10 percent less than the number
applicable under subsection (a).
(c) Report.--Not <<NOTE: Deadline.>> later than May 1, 2000, the
Secretary shall submit to Congress a report on the defense acquisition
and support workforce. The Secretary shall include in that report--
(1) the total number of personnel the Secretary expects to
reduce from the defense acquisition and support workforce during
fiscal year 2000 pursuant to subsection (a); and
(2) the total number by which that workforce is programmed
to be reduced for fiscal year 2001 in the President's budget for
that fiscal year.
(d) Defense Acquisition Workforce Defined.--For purposes of this
section, the term ``defense acquisition and support workforce'' has the
meaning given that term in section 931(d) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2106).
SEC. 923. MONITORING AND REPORTING REQUIREMENTS REGARDING
OPERATIONS TEMPO AND PERSONNEL TEMPO.
(a) Responsibility Over Monitoring and Standards.--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.''.
(b) Annual Reporting Requirements.--(1) Chapter 23 of such title is
amended by adding after section 486, as added by section 241(a), the
following new section:
``Sec. 487. Unit operations tempo and personnel tempo: annual
report
``(a) Inclusion in Annual Report.--The Secretary of Defense shall
include in the annual report required by section 113(c) of this title a
description of the operations tempo and personnel tempo of the armed
forces.
``(b) Specific Requirements.--(1) Until such time as the Secretary
of Defense develops a common method to measure operations
[[Page 113 STAT. 725]]
tempo and personnel tempo for the armed forces, the description required
under subsection (a) shall include the methods by which each of the
armed forces measures operations tempo and personnel tempo.
``(2) The description shall include the personnel tempo policies of
each of the armed forces and any changes to these policies since the
preceding report.
``(3) The description shall include a table depicting the active
duty end strength for each of the armed forces for each of the preceding
five years and also depicting the number of members of each of the armed
forces deployed over the same period, as determined by the Secretary
concerned.
``(4) The description shall identify the active and reserve
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 description shall indicate
the average number of days a member of that armed force was deployed
away from the member's home station during the period covered by the
report as compared to recent previous years for which such information
is available.
``(6) For each of the armed forces, the description shall indicate
the number of days that high demand, low density units (as defined by
the Chairman of the Joint Chiefs of 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) Operations Tempo and Personnel Tempo Defined.--Until such time
as the Secretary of Defense establishes definitions of operations tempo
and personnel tempo applicable to all of the armed forces, the following
definitions shall apply for purposes of the preparation of the
description required under subsection (a):
``(1) The term `operations tempo' means the rate at which
units of the armed forces are involved in all military
activities, including contingency operations, exercises, and
training deployments.
``(2) The term `personnel tempo' means the amount of time
members of the armed forces are engaged in their official
duties, including official duties at a location or under
circumstances that make it infeasible for a member to spend off-
duty time in the housing in which the member resides when on
garrison duty at the member's permanent duty station.
``(d) Other Definitions.--In this section, the term `armed forces'
does not include the Coast Guard when it is not operating as a service
in the Department of the Navy.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 486, as added by
section 241(a), the following new item:
``487. Unit operations tempo and personnel tempo: annual report.''.
[[Page 113 STAT. 726]]
SEC. 924. ADMINISTRATION <<NOTE: 10 USC 113 note.>> OF DEFENSE
REFORM INITIATIVE ENTERPRISE PROGRAM FOR
MILITARY MANPOWER AND PERSONNEL
INFORMATION.
(a) Executive Agent.--The Secretary of Defense may designate the
Secretary of the Navy as the Department of Defense executive agent for
carrying out the pilot program described in subsection (c).
(b) Implementing Office.--If the Secretary of Defense makes the
designation referred to in subsection (a), the Secretary of the Navy, in
carrying out that pilot program, shall act through the head of the
Systems Executive Office for Manpower and Personnel of the Department of
the Navy, who shall act in coordination with the Under Secretary of
Defense for Personnel and Readiness and the Chief Information Officer of
the Department of Defense.
(c) Pilot Program.--The pilot program referred to in subsection (a)
is the defense reform initiative enterprise pilot program for military
manpower and personnel information established pursuant to section 8147
of the Department of Defense Appropriations Act, 1999 (Public Law 105-
262; 112 Stat. 2341; 10 U.S.C. 113 note).
SEC. 925. PAYMENT OF TUITION FOR EDUCATION AND TRAINING OF MEMBERS
IN DEFENSE ACQUISITION WORKFORCE.
(a) Authority To Exceed 75 Percent Limitation.--Subsection (a) of
section 1745 of title 10, United States Code, is amended to read as
follows:
``(a) Tuition Reimbursement and Training.--(1) The Secretary of
Defense shall provide for tuition reimbursement and training (including
a full-time course of study leading to a degree) for acquisition
personnel in the Department of Defense.
``(2) For civilian personnel, the reimbursement and training shall
be provided under section 4107(b) of title 5 for the purposes described
in that section. For purposes of such section 4107(b), there is deemed
to be, until September 30, 2001, a shortage of qualified personnel to
serve in acquisition positions in the Department of Defense.
``(3) In the case of members of the armed forces, the limitation in
section 2007(a) of this title shall not apply to tuition reimbursement
and training provided for under this subsection.''.
(b) Effective <<NOTE: 10 USC 1745 note.>> Date.--The amendment made
by subsection (a) shall apply with respect to charges for tuition or
expenses incurred after the date of the enactment of this Act.
Subtitle D--Other Matters
SEC. 931. ADDITIONAL MATTERS FOR ANNUAL REPORTS ON JOINT
WARFIGHTING EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(5) With respect to improving the effectiveness of joint
warfighting, any recommendations that the commander considers
appropriate, based on the results of joint warfighting
experimentation, regarding--
``(A) the development, procurement, or fielding of
advanced technologies, systems, or weapons or systems
[[Page 113 STAT. 727]]
platforms or other changes in doctrine, operational
concepts, organization, training, materiel, leadership,
personnel, or the allocation of resources;
``(B) the reduction or elimination of redundant
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;
``(C) recommendations for mission needs statements,
operational requirements, and relative priorities for
acquisition programs to meet joint requirements; and
``(D) a description of any actions taken by the
Secretary of Defense to implement the recommendations of
the commander.''.
SEC. 932. OVERSIGHT OF DEPARTMENT OF DEFENSE ACTIVITIES TO COMBAT
TERRORISM.
(a) Report <<NOTE: Deadline.>> Requirement.--Not later than December
31, 1999, the Secretary of Defense shall submit to the congressional
defense committees a report, in classified and unclassified form,
identifying all programs and activities of the Department of Defense
combating terrorism program. The report shall include--
(1) the definitions used by the Department of Defense for
all terms relating to combating terrorism, including
``counterterrorism'', ``anti-terrorism'', and ``consequence
management''; and
(2) the various initiatives and projects being conducted by
the Department that fall under each of the categories referred
to in paragraph (1).
(b) Annual Budget Information.--(1) Chapter 9 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 229. Programs for combating terrorism: display of budget
information
``(a) Submission With Annual Budget Justification Documents.--The
Secretary of Defense shall submit to Congress, as a part of the
documentation that supports the President's annual budget for the
Department of Defense, a consolidated budget justification display, in
classified and unclassified form, that includes all programs and
activities of the Department of Defense combating terrorism program.
``(b) Requirements for Budget Display.--The budget display under
subsection (a) shall include--
``(1) the amount requested, by appropriation and functional
area, for each of the program elements, projects, and
initiatives that support the Department of Defense combating
terrorism program, with supporting narrative descriptions and
rationale for the funding levels requested; and
``(2) a summary, to the program element and project level of
detail, of estimated expenditures for the current year, funds
requested for the budget year, and budget estimates through the
completion of the current future-years defense plan for the
Department of Defense combating terrorism program.
``(c) Explanation of Inconsistencies.--As part of the budget display
under subsection (a) for any fiscal year, the Secretary shall identify
and explain--
[[Page 113 STAT. 728]]
``(1) any inconsistencies between (A) the information
submitted under subsection (b) for that fiscal year, and (B) the
information provided to the Director of the Office of Management
and Budget in support of the annual report of the President to
Congress on funding for executive branch counterterrorism and
antiterrorism programs and activities for that fiscal year in
accordance with section 1051(b) of the National Defense
Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113 note);
and
``(2) any inconsistencies between (A) the execution, during
the previous fiscal year and the current fiscal year, of
programs and activities of the Department of Defense combating
terrorism program, and (B) the funding and specification for
such programs and activities for those fiscal years in the
manner provided by Congress (both in statutes and in relevant
legislative history).
``(d) Semiannual Reports on Obligations and Expenditures.--The
Secretary shall submit to the congressional defense committees a
semiannual report on the obligation and expenditure of funds for the
Department of Defense combating terrorism program. Such reports shall be
submitted not later than April 15 each year, with respect to the first
half of a fiscal year, and not later than November 15 each year, with
respect to the second half of a fiscal year. Each such report shall
compare the amounts of those obligations and expenditures to the amounts
authorized and appropriated for the Department of Defense combating
terrorism program for that fiscal year, by budget activity, sub-budget
activity, and program element or line item. The second report for a
fiscal year shall show such information for the second half of the
fiscal year and cumulatively for the whole fiscal year. The report shall
be submitted in unclassified form, but may have a classified annex.
``(e) Department of Defense Combating Terrorism Program.--In this
section, the term `Department of Defense combating terrorism program'
means the programs, projects, and activities of the Department of
Defense related to combating terrorism inside and outside the United
States.
``(f) Congressional Defense Committees Defined.--In this section,
the term `congressional defense committees' means--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``229. Programs for combating terrorism: display of budget
information.''.
SEC. 933. RESPONSIBILITIES AND ACCOUNTABILITY FOR CERTAIN
FINANCIAL MANAGEMENT FUNCTIONS.
(a) In General.--(1) Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new sections:
``Sec. 2784. Management of credit cards
``(a) Management of Credit Cards.--
The <<NOTE: Regulations.>> Secretary of Defense, acting through the
Under Secretary of Defense (Comptroller), shall prescribe regulations
governing the use and control
[[Page 113 STAT. 729]]
of all credit cards and convenience checks that are issued to Department
of Defense personnel for official use. Those regulations shall be
consistent with regulations that apply Government-wide regarding use of
credit cards by Government personnel for official purposes.
``(b) Required Safeguards and Internal Controls.--Regulations under
subsection (a) shall include safeguards and internal controls to ensure
the following:
``(1) That there is a record in the Department of Defense of
each holder of a credit card issued by the Department of Defense
for official use, annotated with the limitations on amounts that
are applicable to the use of each such card by that credit card
holder.
``(2) That the holder of a credit card and each official
with authority to authorize expenditures charged to the credit
card are responsible for--
``(A) reconciling the charges appearing on each
statement of account for that credit card with receipts
and other supporting documentation; and
``(B) forwarding that statement after being so
reconciled to the designated disbursing office in a
timely manner.
``(3) That any disputed credit card charge, and any
discrepancy between a receipt and other supporting documentation
and the credit card statement of account, is resolved in the
manner prescribed in the applicable Government-wide credit card
contract entered into by the Administrator of General Services.
``(4) That payments on credit card accounts are made
promptly within prescribed deadlines to avoid interest
penalties.
``(5) That rebates and refunds based on prompt payment on
credit card accounts are properly recorded.
``(6) That records of each credit card transaction
(including records on associated contracts, reports, accounts,
and invoices) are retained in accordance with standard
Government policies on the disposition of records.
``Sec. 2785. Remittance addresses: regulation of alterations
``The Secretary of Defense, acting through the Under Secretary of
Defense (Comptroller), shall prescribe regulations setting forth
controls on alteration of remittance addresses. Those regulations shall
ensure that--
``(1) a remittance address for a disbursement that is
provided by an officer or employee of the Department of Defense
authorizing or requesting the disbursement is not altered by any
officer or employee of the department authorized to prepare the
disbursement; and
``(2) a remittance address for a disbursement is altered
only if the alteration--
``(A) is requested by the person to whom the
disbursement is authorized to be remitted; and
``(B) is made by an officer or employee authorized
to do so who is not an officer or employee referred to
in paragraph (1).''.
[[Page 113 STAT. 730]]
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new items:
``2784. Management of credit cards.
``2785. Remittance addresses: regulation of alterations.''.
(b) Effective <<NOTE: 10 USC 2784 note.>> Date.--(1) Regulations
under section 2784 of title 10, United States Code, as added by
subsection (a), shall be prescribed not later than 180 days after the
date of the enactment of this Act.
(2) <<NOTE: 10 USC 2785 note.>> Regulations under section 2785 of
title 10, United States Code, as added by subsection (a), shall be
prescribed not later than 180 days after the date of the enactment of
this Act.
SEC. 934. MANAGEMENT OF CIVIL AIR PATROL.
(a) Sense of Congress.--It is the sense of Congress that no major
change to the governance structure of the Civil Air Patrol should be
mandated by Congress until a review of potential improvements in the
management and oversight of Civil Air Patrol operations is conducted.
(b) GAO Study.--The Comptroller General shall conduct a study of
potential improvements to Civil Air Patrol operations, including Civil
Air Patrol financial management, Air Force and Civil Air Patrol
oversight, and the Civil Air Patrol safety program. Not later
than <<NOTE: Deadline.>> February 15, 2000, the Comptroller General
shall submit a report on the results of the study to the congressional
defense committees.
(c) Inspector General Review.--(1) The Inspector General of the
Department of Defense shall review the financial and management
operations of the Civil Air Patrol. The review shall include an audit.
(2) <<NOTE: Deadline.>> Not later than February 15, 2000, the
Inspector General shall submit to the congressional defense committees a
report on the review, including, specifically, the results of the audit.
The report shall include any recommendations that the Inspector General
considers appropriate regarding actions necessary to ensure the proper
oversight of the financial and management operations of the Civil Air
Patrol.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for
fiscal year 1999.
Sec. 1004. Supplemental appropriations request for operations in
Yugoslavia.
Sec. 1005. United States contribution to NATO common-funded budgets in
fiscal year 2000.
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for
fiscal year 2000.
Sec. 1007. Second biennial financial management improvement plan.
Sec. 1008. Waiver authority for requirement that electronic transfer of
funds be used for Department of Defense payments.
Sec. 1009. Single payment date for invoice for various subsistence
items.
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of
maps, charts, and navigational books.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revision to congressional notice-and-wait period required
before transfer of a vessel stricken from the
Naval Vessel Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
[[Page 113 STAT. 731]]
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of
Defense.
Sec. 1015. National Defense Features program.
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship
contractors.
Sec. 1017. Transfer of naval vessel to foreign country.
Sec. 1018. Authority to transfer naval vessels to certain foreign
countries.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
Sec. 1021. Modification of limitation on funding assistance for
procurement of equipment for the National Guard
for drug interdiction and counter-drug activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard
authority for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or
threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for
United States Southern Command counter-drug
detection and monitoring flights.
Sec. 1025. Annual report on United States military activities in
Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and
monitoring.
Sec. 1027. Plan regarding assignment of military personnel to assist
Immigration and Naturalization Service and Customs
Service.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and
combatant command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to
support National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National
Military Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of
Consequence Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget
submission for fiscal year 2001.
Sec. 1039. Report on NATO Defense Capabilities Initiative.
Sec. 1040. Report on motor vehicle violations by operators of official
Army vehicles.
Subtitle E--Information Security
Sec. 1041. Identification in budget materials of amounts for
declassification activities and limitation on
expenditures for such activities.
Sec. 1042. Notice to congressional committees of certain security and
counterintelligence failures within defense
programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas,
sensitive, or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National
Imagery and Mapping Agency.
Subtitle F--Memorial Objects and Commemorations
Sec. 1051. Moratorium on the return of veterans memorial objects to
foreign nations without specific authorization in
law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.
Subtitle G--Other Matters
Sec. 1061. Defense Science Board task force on use of television and
radio as a propaganda instrument in time of
military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National
Security of the House of Representatives to
Committee on Armed Services.
[[Page 113 STAT. 732]]
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. <<NOTE: 10 USC 114 note.>> INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the committee of conference to accompany the conference report on the
bill S. 1059 of the One Hundred Sixth Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated 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 EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 1999.
(a) Adjustment of Fiscal Year 1999 Authorizations To Reflect
Supplemental Appropriations.--Subject to subsection (b), amounts
authorized to be appropriated to the Department of Defense for fiscal
year 1999 in the Strom Thurmond National
[[Page 113 STAT. 733]]
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261) are
hereby adjusted, with respect to any such authorized amount, by the
amount by which appropriations pursuant to such authorization were
increased (by a supplemental appropriation) or decreased (by a
rescission), or both, in the 1999 Emergency Supplemental Appropriations
Act (Public Law 106-31).
(b) Limitation.--(1) In the case of a pending defense contingent
emergency supplemental appropriation, an adjustment may be made under
subsection (a) in the amount of an authorization of appropriations by
reason of that supplemental appropriation only if, and to the extent
that, the President transmits to Congress an official amended budget
request for that appropriation that designates the entire amount
requested as an emergency requirement for the specific purpose
identified in the 1999 Emergency Supplemental Appropriations Act as the
purpose for which the supplemental appropriation was made.
(2) For purposes of this subsection, the term ``pending defense
contingent emergency supplemental appropriation'' means a contingent
emergency supplemental appropriation for the Department of Defense
contained in the 1999 Emergency Supplemental Appropriations Act for
which an official budget request that includes designation of the entire
amount of the request as an emergency requirement has not been
transmitted to Congress as of the date of the enactment of this Act.
(3) For purposes of this subsection, the term ``contingent emergency
supplemental appropriation'' means a supplemental appropriation that--
(A) is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985; and
(B) by law is available only to the extent that the
President transmits to the Congress an official budget request
for that appropriation that includes designation of the entire
amount of the request as an emergency requirement.
SEC. 1004. SUPPLEMENTAL 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.
SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2000.
(a) Fiscal Year 2000 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2000 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 1999, of funds appropriated for fiscal years before
fiscal year 2000 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
[[Page 113 STAT. 734]]
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $750,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $216,400,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded
budgets of NATO'' means the Military Budget, the Security
Investment Program, and the Civil Budget of the North Atlantic
Treaty Organization (and any successor or additional account or
program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term ``fiscal
year 1998 baseline limitation'' means the maximum annual amount
of Department of Defense contributions for common-funded budgets
of NATO that is set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the advice
and consent of the Senate to the ratification of the Protocols
to the North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary, and the Czech Republic (as defined in section 4(7) of
that resolution), approved by the Senate on April 30, 1998.
SEC. 1006. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING 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 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
[[Page 113 STAT. 735]]
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 1004(e) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2112).
SEC. 1007. SECOND <<NOTE: 10 USC 2222 note.>> BIENNIAL FINANCIAL
MANAGEMENT IMPROVEMENT PLAN.
(a) Additional Matters Required.--The Secretary of Defense shall
include in the second biennial financial management improvement plan
submitted to Congress under section 2222 of title 10, United States Code
(required to be submitted not later than September 30, 2000), the
matters specified in subsections (b) through (f), in addition to the
matters otherwise required under that section.
(b) Systems Inventory.--The plan referred to in subsection (a) shall
include an inventory of the finance systems, accounting systems, and
data feeder systems of the Department of Defense referred to in section
2222(c) of title 10, United States Code, and, for each of those systems,
the following:
(1) A statement regarding whether the system complies with
the requirements applicable to that system under sections 3512,
3515, and 3521 of title 31, United States Code.
(2) A statement regarding whether the system is to be
retained, consolidated, or eliminated.
(3) A detailed plan of the actions that are being taken or
are to be taken within the Department of Defense (including
provisions for schedule, performance objectives, interim
milestones, and necessary resources)--
(A) to ensure easy and reliable interfacing of the
system (or a consolidated or successor system) with the
Department's core finance and accounting systems and
with other data feeder systems; and
(B) to institute appropriate internal controls that,
among other benefits, ensure the integrity of the data
in the system (or a consolidated or successor system).
(4) For each system that is to be consolidated or
eliminated, a detailed plan of the actions that are being taken
or are to be taken (including provisions for schedule and
interim milestones) in carrying out the consolidation or
elimination, including a discussion of both the interim or
migratory systems and any further consolidation that may be
involved.
(5) A list of the officials in the Department of Defense who
are responsible for ensuring that actions referred to in
paragraphs (3) and (4) are taken in a timely manner.
(c) Major Procurement Actions.--The plan referred to in subsection
(a) shall include a description of each major procurement action that is
being taken within the Department of Defense to replace or improve a
finance and accounting system or a data feeder system shown in the
inventory under subsection (a) and, for each such procurement action,
the measures that are being taken or are to be taken to ensure that the
new or enhanced system--
(1) provides easy and reliable interfacing of the system
with the core finance and accounting systems of the department
and with other data feeder systems; and
[[Page 113 STAT. 736]]
(2) includes appropriate internal controls that, among other
benefits, ensure the integrity of the data in the system.
(d) Financial Management Competency Plan.--The plan referred to in
subsection (a) shall include a financial management competency plan that
includes performance objectives, milestones (including interim
objectives), responsible officials, and the necessary resources to
accomplish the performance objectives, together with the following:
(1) A description of the actions necessary to ensure that
the person in each comptroller position (or comparable position)
in the Department of Defense (whether a member of the Armed
Forces or a civilian employee) has the education, technical
competence, and experience to perform in accordance with the
core competencies necessary for financial management.
(2) A description of the education that is necessary for a
financial manager in a senior grade to be knowledgeable in--
(A) applicable laws and administrative and
regulatory requirements, including the requirements and
procedures relating to Government performance and
results under sections 1105(a)(28), 1115, 1116, 1117,
1118, and 1119 of title 31, United States Code;
(B) the strategic planning process and how the
process relates to resource management;
(C) budget operations and analysis systems;
(D) management analysis functions and evaluation;
and
(E) the principles, methods, techniques, and systems
of financial management.
(3) The advantages and disadvantages of establishing and
operating a consolidated Department of Defense school that
instructs in the principles referred to in paragraph (2)(E).
(4) The applicable requirements for formal civilian
education.
(e) Improvements to DFAS, Etc.--The plan referred to in subsection
(a) shall include a detailed plan (including performance objectives and
milestones and standards for measuring progress toward attainment of the
objectives) for the following:
(1) Improving the internal controls and internal review
processes of the Defense Finance and Accounting Service to
provide reasonable assurances that--
(A) obligations and costs are in compliance with
applicable laws;
(B) funds, property, and other assets are
safeguarded against waste, loss, unauthorized use, and
misappropriation;
(C) revenues and expenditures applicable to agency
operations are properly recorded and accounted for so as
to permit the preparation of accounts and reliable
financial and statistical reports and to maintain
accountability over assets;
(D) obligations and expenditures are recorded
contemporaneously with each transaction;
(E) organizational and functional duties are
performed separately at each step in the cycles of
transactions (including, in the case of a contract, the
specification of
[[Page 113 STAT. 737]]
requirements, the formation of the contract, the
certification of contract performance, receiving and
warehousing, accounting, and disbursing); and
(F) use of progress payment allocation systems
results in posting of payments to appropriation accounts
consistent with section 1301 of title 31, United States
Code.
(2) Ensuring that the Defense Finance and Accounting Service
has--
(A) a single standard transaction general ledger
that, at a minimum, uses double-entry bookkeeping and
complies with the United States Government Standard
General Ledger at the transaction level as required
under section 803(a) of the Federal Financial Management
Improvement Act of 1996 (31 U.S.C. 3512 note);
(B) an integrated data base for finance and
accounting functions; and
(C) automated cost, performance, and other output
measures.
(3) Providing a single, consistent set of policies and
procedures for financial transactions throughout the Department
of Defense.
(4) Ensuring compliance with applicable policies and
procedures for financial transactions throughout the Department
of Defense.
(5) Reviewing safeguards for preservation of assets and
verifying the existence of assets.
(f) Internal Controls Checklist.--The plan referred to in subsection
(a) shall include an internal controls checklist, to be prescribed by
the Under Secretary of Defense (Comptroller), which shall provide
standards for use throughout the Department of Defense, together with a
statement of the Department of Defense policy on use of the checklist
throughout the Department.
(g) Safeguarding Sensitive Information.--To the extent necessary to
protect sensitive information, the Secretary of Defense may provide
information required by subsections (b) and (c) in an annex that is
available to Congress, but need not be made public.
SEC. 1008. WAIVER AUTHORITY FOR REQUIREMENT THAT ELECTRONIC
TRANSFER OF FUNDS BE USED FOR DEPARTMENT
OF DEFENSE PAYMENTS.
(a) Authority.--(1) Chapter 165 of title 10, United States Code, is
amended by adding after section 2785, as added by section 933(a), the
following new section:
``Sec. 2786. Department of Defense payments by electronic
transfers of funds: exercise of authority for
waivers
``With respect to any Federal payment of funds covered by section
3332(f) of title 31 (relating to electronic funds transfers) for which
payment is made or authorized by the Department of Defense, the waiver
authority provided in paragraph (2)(A)(i) of that section shall be
exercised by the Secretary of Defense. The Secretary of Defense shall
carry out the authority provided under the preceding sentence in
consultation with the Secretary of the Treasury.''.
[[Page 113 STAT. 738]]
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 2785, as added by
section 933(a), the following new item:
``2786. Department of Defense payments by electronic transfers of funds:
exercise of authority for waivers.''.
(3) <<NOTE: 10 USC 2786 note.>> Any waiver in effect on the date of
the enactment of this Act under paragraph (2)(A)(i) of section 3332(f)
of title 31, United States Code, shall remain in effect until otherwise
provided by the Secretary of Defense under section 2786 of title 10,
United States Code, as added by paragraph (1).
(b) Study and Report on DOD Electronic Funds Transfers.--(1) The
Secretary of Defense shall conduct a study to determine the following:
(A) Whether it would be feasibile for all electronic
payments made by the Department of Defense to be routed through
the Regional Finance Centers of the Department of the Treasury
for verification and reconciliation.
(B) Whether it would be feasibile for all electronic
payments made by the Department of Defense to be subjected to
the same level of reconciliation as United States Treasury
checks, including the matching of each payment issued with each
corresponding deposit at financial institutions.
(C) Whether the appropriate computer security controls are
in place in order to ensure the integrity of electronic payments
made by the Department of Defense.
(D) The estimated costs of implementing--
(i) the routing of electronic payments as described
in subparagraph (A);
(ii) the reconciliation of electronic payments as
described in subparagraph (B); and
(iii) security controls as described in subparagraph
(C).
(E) The period that would be required to implement each of
the matters referred to in subparagraph (D).
(2) Not <<NOTE: Deadline.>> later than March 1, 2000, the Secretary
of Defense shall submit to Congress a report containing the results of
the study required by paragraph (1).
(3) In this subsection, the term ``electronic payment'' has the
meaning given the term ``electronic funds transfer'' in section
3332(j)(1) of title 31, United States Code.
SEC. 1009. SINGLE PAYMENT DATE FOR INVOICE FOR VARIOUS SUBSISTENCE
ITEMS.
Section 3903 of title 31, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) A contract for the procurement of subsistence items that is
entered into under the prime vendor program of the Defense Logistics
Agency may specify for the purposes of section 3902 of this title a
single required payment date that is to be applicable to an invoice for
subsistence items furnished under the contract when more than one
payment due date would otherwise be applicable to the invoice under the
regulations prescribed under paragraphs (2), (3), and (4) of subsection
(a) or under any other provisions of law. The required payment date
specified in the contract shall be consistent with prevailing industry
practices for the
[[Page 113 STAT. 739]]
subsistence items, but may not be more than 10 days after the date of
receipt of the invoice or the certified date of receipt of the items.
The Director of the Office of Management and Budget shall provide in the
regulations under subsection (a) that when a required payment date is so
specified for an invoice, no other payment due date applies to the
invoice.''.
SEC. 1010. PAYMENT OF FOREIGN LICENSING FEES OUT OF PROCEEDS OF
SALE OF MAPS, CHARTS, AND NAVIGATIONAL
BOOKS.
(a) In General.--Section 453 of title 10, United States Code, is
amended to read as follows:
``Sec. 453. Sale of maps, charts, and navigational publications:
prices; use of proceeds
``(a) Prices.--All maps, charts, and other publications offered for
sale by the National Imagery and Mapping Agency shall be sold at prices
and under regulations that may be prescribed by the Secretary of
Defense.
``(b) Use of Proceeds To Pay Foreign Licensing Fees.--(1) The
Secretary of Defense may pay any NIMA foreign data acquisition fee out
of the proceeds of the sale of maps, charts, and other publications of
the Agency, and those proceeds are hereby made available for that
purpose.
``(2) In this subsection, the term `NIMA foreign data acquisition
fee' means any licensing or other fee imposed by a foreign country or
international organization for the acquisition or use of data or
products by the National Imagery and Mapping Agency.''.
(b) Clerical Amendment.--The item relating to section 453 in the
table of sections at the beginning of subchapter II of chapter 22 of
such title is amended to read as follows:
``453. Sale of maps, charts, and navigational publications: prices; use
of proceeds.''.
Subtitle B--Naval Vessels and Shipyards
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 a session of Congress have expired
following the date on which the notice is sent to Congress.
``(2) For purposes of paragraph (1)(B)--
``(A) the period of a session of Congress is broken only by
an adjournment of Congress sine die at the end of the final
session of a Congress; 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.''.
[[Page 113 STAT. 740]]
SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER NAVAL
VESSEL.
(a) In <<NOTE: President.>> 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;
(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; and
(3) to hold the United States harmless for any claims
arising from exposure to hazardous material, including asbestos
and polychlorinated biphenyls, after the retransfer of the
vessel to the recipient, except for claims arising before the
date of the transfer of the vessel to the Government of Greece
or from use of the vessel by the United States after the date of
the retransfer to the recipient.
SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE REQUIREMENTS.
(a) Requirement.--Not <<NOTE: Deadline.>> later than February 1,
2000, the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on naval vessel force structure
requirements.
(b) Matters To Be Included.--The report shall include the following:
(1) A statement of the naval vessel force structure required
to carry out the National Military Strategy, including that
structure required to meet joint and combined warfighting
requirements and missions relating to crisis response, overseas
presence, and support to contingency operations.
(2) A statement of the naval vessel force structure that is
supported and funded in the President's budget for fiscal year
2001 and in the current future-years defense program.
(3) A detailed long-range shipbuilding plan for the
Department, through fiscal year 2030, that includes annual
quantities of each type of vessel to be procured.
(4) A statement of the annual funding necessary to procure
eight to ten vessels, of the appropriate types, each year
beginning in fiscal year 2001 and extending through 2020 to
maintain the naval vessel force structure required by the
national military strategy.
(5) A detailed discussion of the risks associated with any
deviation from the long-range shipbuilding plan required in
paragraph (3), to include the implications of such a deviation
for the following areas:
(A) Warfighting requirements.
(B) Crisis response and overseas presence missions.
[[Page 113 STAT. 741]]
(C) Contingency operations.
(D) Domestic shipbuilding industrial base.
SEC. 1014. AUXILIARY VESSELS ACQUISITION PROGRAM FOR THE
DEPARTMENT OF DEFENSE.
(a) Program Authorization.--(1) Chapter 631 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 7233. Auxiliary vessels: extended lease authority
``(a) Authorized Contracts.--Subject to subsection (b), the
Secretary of the Navy may enter into contracts with private United
States shipyards for the construction of new surface vessels to be
acquired on a long-term lease basis by the United States from the
shipyard or other private person for any of the following:
``(1) The combat logistics force of the Navy.
``(2) The strategic sealift force of the Navy.
``(3) Other auxiliary support vessels for the Department of
Defense.
``(b) Contracts Required To Be Authorized by Law.--A 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. As part of a request to Congress
for enactment of any such authorization by law, the Secretary of the
Navy shall provide to Congress the Secretary's findings under subsection
(g).
``(c) Term of Contract.--In this section, the term `long-term lease'
means a lease, bareboat charter, or conditional sale agreement with
respect to a vessel the term of which (including any option period) is
for a period of 20 years or more.
``(d) Option To Buy.--A contract entered into under subsection (a)
may include options for the United States to purchase one or more of the
vessels covered by the contract at any time during, or at the end of,
the contract period (including any option period) upon 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.
``(e) Domestic Construction.--The Secretary shall require in any
contract entered into under this section that each vessel to which the
contract applies--
``(1) shall have been constructed in a shipyard within the
United States; and
``(2) upon delivery, shall be documented under the laws of
the United States.
``(f) Vessel Operation.--(1) The Secretary may operate a vessel held
by the Secretary under a long-term lease under this section through a
contract with a United States corporation with experience in the
operation of vessels for the United States. Any such contract shall be
for a term as determined by the Secretary.
``(2) The Secretary may provide a crew for any such vessel using
civil service mariners only after an evaluation taking into account--
``(A) the fully burdened cost of a civil service crew over
the expected useful life of the vessel;
``(B) the effect on the private sector manpower pool; and
[[Page 113 STAT. 742]]
``(C) the operational requirements of the Department of the
Navy.
``(g) Contingent Waiver of Other Provisions of Law.--(1) The
Secretary may waive the applicability of subsections (e)(2) and (f) of
section 2401 of this title to a contract authorized by law as provided
in subsection (b) if the Secretary makes the following findings with
respect to that contract:
``(A) The need for the vessels or services to be provided
under the contract is expected to remain substantially unchanged
during the contemplated contract or option period.
``(B) There is a reasonable expectation that throughout the
contemplated contract or option period the Secretary of the Navy
(or, if the contract is for services to be provided to, and
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.
``(C) The timeliness of consideration of the contract by
Congress is such that such a waiver is in the interest of the
United States.
``(2) <<NOTE: Notice.>> The Secretary shall submit a notice of any
waiver under paragraph (1) to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives.
``(h) 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 strategic sealift ship.
``(G) A combat logistics force ship.
``(H) A maritime prepositioned ship.
``(I) Any other auxiliary support vessel.''.
(c) Effective <<NOTE: 10 USC 7233 note.>> Date.--Section 7233 of
title 10, United States Code, as added by subsection (a), shall take
effect on October 1, 1999.
[[Page 113 STAT. 743]]
SEC. 1015. NATIONAL DEFENSE FEATURES PROGRAM.
(a) Authority for National Defense Features Program.--Section 2218
of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Contracts for Incorporation of Defense Features in Commercial
Vessels.--(1) The head of an agency may enter into a contract with a
company submitting an offer for that company to install and maintain
defense features for national defense purposes in one or more commercial
vessels owned or controlled by that company in accordance with the
purpose for which funds in the National Defense Sealift Fund are
available under subsection (c)(1)(C). The head of the agency may enter
into such a contract only after the head of the agency makes a
determination of the economic soundness of the offer.
``(2) The head of an agency may make advance payments to the
contractor under a contract under paragraph (1) in a lump sum, in annual
payments, or in a combination thereof for costs associated with the
installation and maintenance of the defense features on a vessel covered
by the contract, as follows:
``(A) The costs to build, procure, and install a defense
feature in the vessel.
``(B) The costs to periodically maintain and test any
defense feature on the vessel.
``(C) Any increased costs of operation or any loss of
revenue attributable to the installation or maintenance of any
defense feature on the vessel.
``(D) Any additional costs associated with the terms and
conditions of the contract.
``(3) For any contract under paragraph (1) under which the United
States makes advance payments under paragraph (2) for the costs
associated with installation or maintenance of any defense feature on a
commercial vessel, the contractor shall provide to the United States
such security interests in the vessel, by way of a preferred mortgage
under section 31322 of title 46 or otherwise, as the head of the agency
may prescribe in order to adequately protect the United States against
loss for the total amount of those costs.
``(4) Each contract entered into under this subsection shall--
``(A) set forth terms and conditions under which, so long as
a vessel covered by the contract is owned or controlled by the
contractor, the contractor is to operate the vessel for the
Department of Defense notwithstanding any other contract or
commitment of that contractor; and
``(B) provide that the contractor operating the vessel for
the Department of Defense shall be paid for that operation at
fair and reasonable rates.
``(5) The head of an agency may not delegate authority under this
subsection to any officer or employee in a position below the level of
head of a procuring activity.''.
(b) Definition.--Subsection (l) of such section, as redesignated by
subsection (a)(1), is amended by adding at the end the following new
paragraph:
``(5) The term `head of an agency' has the meaning given
that term in section 2302(1) of this title.''.
[[Page 113 STAT. 744]]
SEC. 1016. SALES OF NAVAL SHIPYARD ARTICLES AND SERVICES TO
NUCLEAR SHIP CONTRACTORS.
(a) Waiver of Required Conditions.--Chapter 633 of title 10, United
States Code, is amended by inserting after section 7299a the following
new section:
``Sec. 7300. Contracts for nuclear ships: sales of naval shipyard
articles and services to private shipyards
``The conditions set forth in section 2208(j)(1)(B) of this title
and subsections (a)(1) and (c)(1)(A) of section 2553 of this title shall
not apply to a sale by a naval shipyard of articles or services to a
private shipyard that is made at the request of the private shipyard in
order to facilitate the private shipyard's fulfillment of a Department
of Defense contract with respect to a nuclear ship. This section does
not authorize a naval shipyard to construct a nuclear ship for the
private shipyard, to perform a majority of the work called for in a
contract with a private entity, or to provide articles or services not
requested by the private shipyard.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7299a the following new item:
``7300. Contracts for nuclear ships: sales of naval shipyard articles
and services to private shipyards.''.
SEC. 1017. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY.
(a) Transfer to Thailand.--The Secretary of the Navy is authorized
to transfer to the Government of Thailand the CYCLONE class coastal
patrol craft CYCLONE (PC1) or a craft with a similar hull. The transfer
shall be made on a sale, lease, lease/buy, or grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(b) Costs.--Any expense incurred by the United States in connection
with the transfer authorized by subsection (a) shall be charged to the
Government of Thailand.
(c) Repair and Refurbishment in United States Shipyard.--To the
maximum extent practicable, the Secretary of the Navy shall require, as
a condition of the transfer of the vessel to the Government of Thailand
under this section, that the Government of Thailand have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a United States naval
shipyard or other shipyard located in the United States.
(d) Expiration of Authority.--The authority to transfer a vessel
under subsection (a) shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
SEC. 1018. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer.--
(1) Dominican republic.--The Secretary of the Navy is
authorized to transfer to the Government of the Dominican
Republic the medium auxiliary floating dry dock AFDM 2. Such
transfer shall be on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(2) Ecuador.--The Secretary of the Navy is authorized to
transfer to the Government of Ecuador the ``OAK RIDGE'' class
medium auxiliary repair dry dock ALAMOGORDO (ARDM
[[Page 113 STAT. 745]]
2). Such transfer shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(3) Egypt.--The Secretary of the Navy is authorized to
transfer to the Government of Egypt the ``NEWPORT'' class tank
landing ships BARBOUR COUNTY (LST 1195) and PEORIA (LST 1183).
Such transfers shall be on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761).
(4) Greece.--The Secretary of the Navy is authorized to
transfer to the Government of Greece the ``KNOX'' class frigate
CONNOLE (FF 1056). Such transfer shall be on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j).
(5) Mexico.--The Secretary of the Navy is authorized to
transfer to the Government of Mexico the ``NEWPORT'' class tank
landing ship NEWPORT (LST 1179) and the ``KNOX'' class frigate
WHIPPLE (FF 1062). Such transfers shall be on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(6) Poland.--The Secretary of the Navy is authorized to
transfer to the Government of Poland the ``OLIVER HAZARD PERRY''
class guided missile frigate CLARK (FFG 11). Such transfer shall
be on a grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j).
(7) Taiwan.--The Secretary of the Navy is authorized to
transfer to the Taipei Economic and Cultural Representative
Office in the United States (which is the Taiwan instrumentality
designated pursuant to section 10(a) of the Taiwan Relations
Act) the ``NEWPORT'' class tank landing ship SCHENECTADY (LST
1185). Such transfer shall be on a sale basis under section 21
of the Arms Export Control Act (22 U.S.C. 2761).
(8) Thailand.--The Secretary of the Navy is authorized to
transfer to the Government of Thailand the ``KNOX'' class
frigate TRUETT (FF 1095). Such transfer shall be on a grant
basis under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(9) Turkey.--The Secretary of the Navy is authorized to
transfer to the Government of Turkey the ``OLIVER HAZARD PERRY''
class guided missile frigates FLATLEY (FFG 21) and JOHN A. MOORE
(FFG 19). Such transfers shall be on a sale basis under section
21 of the Arms Export Control Act (22 U.S.C. 2761).
(b) Inapplicability of Aggregate Annual Limitation on Value of
Transferred Excess Defense Articles.--The value of naval vessels
authorized by subsection (a) to be transferred on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j)
shall not be included in the aggregate annual value of transferred
excess defense articles which is subject to the aggregate annual
limitation set forth in subsection (g) of that section.
(c) Costs of Transfers.--Any expense of the United States in
connection with a transfer authorized by subsection (a) shall be charged
to the recipient.
(d) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the Secretary of the Navy shall require, as
a condition of the transfer of a vessel under
[[Page 113 STAT. 746]]
subsection (a), that the country to which the vessel is transferred have
such repair or refurbishment of the vessel as is needed, before the
vessel joins the naval forces of that country, performed at a shipyard
located in the United States, including a United States Navy shipyard.
(e) Expiration of Authority.--The authority granted by subsection
(a) shall expire at the end of the two-year period beginning on the date
of the enactment of this Act.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
SEC. 1021. MODIFICATION OF LIMITATION ON FUNDING ASSISTANCE FOR
PROCUREMENT OF EQUIPMENT FOR THE
NATIONAL GUARD FOR DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES.
Section 112(a)(3) of title 32, United States Code, is amended by
striking ``per purchase order'' in the second sentence and inserting
``per item''.
SEC. 1022. TEMPORARY EXTENSION TO CERTAIN NAVAL AIRCRAFT OF COAST
GUARD AUTHORITY FOR DRUG INTERDICTION
ACTIVITIES.
(a) Inclusion as Authorized Aircraft.--Subsection (c) of section 637
of title 14, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) subject to subsection (d), it is a naval aircraft that
has one or more members of the Coast Guard on board and is
operating from a surface naval vessel described in paragraph
(2).''.
(b) Duration of Inclusion.--Such section is further amended by
adding at the end the following new subsection:
``(d)(1) The inclusion of naval aircraft as an authorized aircraft
for purposes of this section shall be effective only after the end of
the 30-day period beginning on the date the report required by paragraph
(2) is submitted through September 30, 2001.
``(2) <<NOTE: Deadline.>> Not later than August 1, 2000, the
Secretary of Defense shall submit to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services of the
Senate a report containing--
``(A) an analysis of the benefits and risks associated with
using naval aircraft to perform the law enforcement activities
authorized by subsection (a);
``(B) an estimate of the extent to which the Secretary
expects to implement the authority provided by this section; and
``(C) an analysis of the effectiveness and applicability to
the Department of Defense of the Coast Guard program known as
the `New Frontiers' program.''.
[[Page 113 STAT. 747]]
SEC. 1023. MILITARY <<NOTE: 10 USC 382 note.>> ASSISTANCE TO CIVIL
AUTHORITIES TO RESPOND TO ACT OR THREAT
OF TERRORISM.
(a) Authority to Provide Assistance.--The Secretary of Defense, upon
the request of the Attorney General, may provide assistance to civil
authorities in responding to an act of terrorism or threat of an act of
terrorism, including an act of terrorism or threat of an act of
terrorism that involves a weapon of mass destruction, within the United
States, if the Secretary determines that--
(1) special capabilities and expertise of the Department of
Defense are necessary and critical to respond to the act of
terrorism or the threat of an act of terrorism; and
(2) the provision of such assistance will not adversely
affect the military preparedness of the Armed Forces.
(b) Nature of Assistance.--Assistance provided under subsection (a)
may include the deployment of Department of Defense personnel and the
use of any Department of Defense resources to the extent and for such
period as the Secretary of Defense determines necessary to prepare for,
prevent, or respond to an act or threat of an act of terrorism described
in that subsection. Actions taken to provide the assistance may include
the prepositioning of Department of Defense personnel, equipment, and
supplies.
(c) Reimbursement.--(1) Except as provided in paragraph (2),
assistance provided under this section shall be provided on a
reimbursable basis. Notwithstanding any other provision of law, the
amounts of reimbursement shall be limited to the amounts of the
incremental costs incurred by the Department of Defense to provide the
assistance.
(2) In extraordinary circumstances, the Secretary of Defense may
waive the requirement for reimbursement if the Secretary determines that
such a waiver is in the national security interests of the United States
and submits to Congress a notification of the determination.
(3) If funds are appropriated for the Department of Justice to cover
the costs of responding to an act or threat of an act of terrorism for
which assistance is provided under subsection (a), the Attorney General
shall reimburse the Department of Defense out of such funds for the
costs incurred by the Department in providing the assistance, without
regard to whether the assistance was provided on a nonreimbursable basis
pursuant to a waiver under paragraph (2).
(d) Annual Limitation on Funding.--Not more than $10,000,000 may be
obligated to provide assistance under subsection (a) during any fiscal
year.
(e) Personnel Restrictions.--In providing assistance under this
section, a member of the Army, Navy, Air Force, or Marine Corps may not,
unless otherwise authorized by law--
(1) directly participate in a search, seizure, arrest, or
other similar activity; or
(2) collect intelligence for law enforcement purposes.
(f) Nondelegability of Authority.--(1) The Secretary of Defense may
not delegate to any other official the authority to make determinations
and to authorize assistance under this section.
(2) The Attorney General may not delegate to any other official
authority to make a request for assistance under subsection (a).
[[Page 113 STAT. 748]]
(g) Relationship to Other Authority.--The authority provided in this
section is in addition to any other authority available to the Secretary
of Defense, and nothing in this section shall be construed to restrict
any authority regarding use of members of the Armed Forces or equipment
of the Department of Defense that was in effect before the date of the
enactment of this Act.
(h) Definitions.--In this section:
(1) Threat of an act of terrorism.--The term ``threat of an
act of terrorism'' includes any circumstance providing a basis
for reasonably anticipating an act of terrorism, as determined
by the Secretary of Defense in consultation with the Attorney
General and the Secretary of the Treasury.
(2) Weapon of mass destruction.--The term ``weapon of mass
destruction'' has the meaning given the term in section 1403 of
the Defense Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2302(1)).
(i) Duration of Authority.--The authority provided by this section
applies during the period beginning on October 1, 1999, and ending on
September 30, 2004.
SEC. 1024. CONDITION <<NOTE: 10 USC 124 note.>> ON DEVELOPMENT OF
FORWARD OPERATING LOCATIONS FOR UNITED
STATES SOUTHERN COMMAND COUNTER-DRUG
DETECTION AND MONITORING FLIGHTS.
(a) Condition.--Except as provided in subsection (b), none of the
funds appropriated or otherwise made available to the 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.
(b) Exception.--The limitation in subsection (a) does not apply to
an unspecified minor military construction project authorized by section
2805 of title 10, United States Code.
SEC. 1025. ANNUAL <<NOTE: 10 USC 113 note.>> REPORT ON UNITED
STATES MILITARY ACTIVITIES IN COLOMBIA.
Not <<NOTE: Deadline.>> later than January 1 of each year, the
Secretary of Defense shall submit to the Committee on Armed Services and
the Committee on Foreign Relations of the Senate and the Committee on
Armed Services and the Committee on International Relations of the House
of Representatives a report detailing the number of members of the
United States Armed Forces deployed or 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.
SEC. 1026. REPORT ON USE OF RADAR SYSTEMS FOR COUNTER-DRUG
DETECTION AND MONITORING.
Not <<NOTE: Deadline.>> later than May 1, 2000, the Secretary of
Defense shall submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate a
report containing an evaluation of the effectiveness of the Wide
Aperture Radar Facility, Tethered Aerostat Radar System, Ground
[[Page 113 STAT. 749]]
Mobile Radar, and Relocatable Over-The-Horizon Radar in maritime, air,
and land counter-drug detection and monitoring.
SEC. 1027. PLAN REGARDING ASSIGNMENT OF MILITARY PERSONNEL TO
ASSIST IMMIGRATION AND NATURALIZATION
SERVICE AND CUSTOMS SERVICE.
(a) Preparation of Plan.--(1) The Secretary of Defense shall prepare
a plan to assign members of the Army, Navy, Air Force, or Marine Corps
to assist the Immigration and Naturalization Service or the United
States Customs Service should the President determine, and the Attorney
General or the Secretary of the Treasury, as the case may be, certify,
that military personnel are required to respond to a threat to national
security posed by the entry into the United States of terrorists or drug
traffickers.
(2) The Secretary shall ensure that activities proposed to be
performed by military personnel under the plan are consistent with
section 1385 of title 18, United States Code (popularly known as the
Posse Comitatus Act), and shall include in the plan a training program
for military personnel who would be assigned to assist Federal law
enforcement agencies--
(A) in preventing the entry of terrorists and drug
traffickers into the United States; and
(B) in the inspection of cargo, vehicles, and aircraft at
points of entry into the United States for weapons of mass
destruction, prohibited narcotics, or other terrorist or drug
trafficking items.
(b) Report on Use of Military Personnel to Support Civilian Law
Enforcement.--Not <<NOTE: Deadline.>> later than May 1, 2000, the
Secretary of Defense shall submit to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services of the
Senate a report containing--
(1) the plan required by subsection (a);
(2) a discussion of the risks and benefits associated with
using military personnel to provide the law enforcement support
described in subsection (a)(2);
(3) recommendations regarding the functions outlined in the
plan most appropriate to be performed by military personnel; and
(4) the total number of active and reserve members, and
members of the National Guard whose activities were supported
using funds provided under section 112 of title 32, United
States Code, who participated in drug interdiction activities or
otherwise provided support for civilian law enforcement during
fiscal year 1999.
Subtitle D--Miscellaneous Report Requirements and Repeals
SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act
of 1995 (31 U.S.C. 1113 note) does not apply to any report required to
be submitted under any of the following provisions of law:
(1) The following sections of title 10, United States Code:
sections 113, 115a, 116, 139(f), 221, 226, 401(d), 662(b), 946,
[[Page 113 STAT. 750]]
1464(c), 2006(e)(3), 2010, 2011(e), 2391(c), 2431(a), 2432,
2457(d), 2461(g), 2537, 2662(b), 2706, 2859, 2861, 2902(g)(2),
4542(g)(2), 7424(b), 7425(b), 7431(c), 10541, 12302(d), and
16137.
(2) Section 1121(f) of the National Defense Authorization
Act for Fiscal Year 1988 and 1989 (Public Law 100-180; 10 U.S.C.
113 note).
(3) Section 1405 of the Defense Dependents' Education Act of
1978 (20 U.S.C. 924).
(4) Section 1411(b) of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4710(b)).
(5) Section 1097 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note).
(6) Section 30A(d) of the Arms Export Control Act (22 U.S.C.
2770a(d)).
(7) Sections 1516(f) and 1518(c) of the Armed Forces
Retirement Home Act of 1991 (Public Law 101-510; 24 U.S.C.
416(f), 418(c)).
(8) Sections 3554(e)(2) and 9503(a) of title 31, United
States Code.
(9) Section 300110(b) of title 36, United States Code.
(10) Sections 301a(f) and 1008 of title 37, United States
Code.
(11) Section 8111(f) of title 38, United States Code.
(12) Section 205(b) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486(b)).
(13) Section 3732 of the Revised Statutes, popularly known
as the ``Food and Forage Act'' (41 U.S.C. 11).
(14) Section 101(b)(6) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)).
(15) Section 1436(e) of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 note).
(16) Section 165 of the Energy Policy and Conservation Act
(42 U.S.C. 6245).
(17) Section 603(e) of the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6683(e)).
(18) Section 822(b) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (42 U.S.C. 6687(b)).
(19) Section 208 of the Department of Energy National
Security and Military Applications of Nuclear Energy
Authorization Act of 1979 (42 U.S.C. 7271).
(20) Section 3134 of the National Defense Authorization Act
for Fiscal Year 1991 (42 U.S.C. 7274c).
(21) Section 3135 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (42 U.S.C. 7274g).
(22) Section 12 of the Act of March 9, 1920 (popularly known
as the ``Suits in Admiralty Act'') (46 App. U.S.C. 752).
(23) Sections 208, 901(b)(2), and 1211 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291).
(24) Sections 11 and 14 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h-2, 98h-5).
(25) Section 108 of the National Security Act of 1947 (50
U.S.C. 404a).
[[Page 113 STAT. 751]]
(26) Section 4 of the Act entitled ``An Act to authorize the
making, amending, and modification of contracts to facilitate
the national defense'', approved August 28, 1958 (50 U.S.C.
1434).
(27) Section 1412(g) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)).
(28) Section 3 of the Authorization for Use of Military
Force Against Iraq Resolution (50 U.S.C. 1541 note).
(29) Sections 202(d) and 401(c) of the National Emergencies
Act (50 U.S.C. 1622(d), 1641(c)).
(30) Section 10(g) of the Military Selective Service Act (50
U.S.C. App. 460(g)).
(31) Section 708 of the Defense Production Act of 1950 (50
U.S.C. App. 2158).
(32) Section 703(g) of the Military Construction
Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1376).
(33) Section 704 of the Military Construction Authorization
Act, 1982 (Public Law 97-99; 95 Stat. 1377).
(34) Section 113(b) of the National Defense Authorization
Act for Fiscal Year 1990 and 1991 (Public Law 101-189; 103 Stat.
1373).
SEC. 1032. REPEAL OF CERTAIN REPORTING REQUIREMENTS NOT PRESERVED.
(a) Repeal of Provisions of Title 10, United States Code.--Title 10,
United States Code, is amended as follows:
(1) Section 2201(d) is amended--
(A) by striking paragraph (2);
(B) by striking ``; and'' at the end of paragraph
(1) and inserting a period; and
(C) by striking ``Defense--'' and all that follows
through ``(1) shall'' and inserting ``Defense shall''.
(2) Section 2313(b) is amended by striking paragraph (4).
(3) Section 2350g is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(b) Repeal of Other Provisions of Law.--The following provisions of
law are repealed:
(1) Section 224 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C.
2431 note).
(2) Section 3059(c) of the Anti-Drug Abuse Act of 1986
(Public Law 99-570; 10 U.S.C. 9441 note).
(3) Section 7606 of the Anti-Drug Abuse Act of 1988 (Public
Law 100-690; 10 U.S.C. 9441 note).
(4) Section 1002(d) of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928
note).
SEC. 1033. REPORTS ON RISKS UNDER NATIONAL MILITARY STRATEGY AND
COMBATANT COMMAND REQUIREMENTS.
Section 153 of title 10, United States Code, is amended by adding at
the end the following new subsections:
``(c) Risks <<NOTE: Deadline.>> 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
[[Page 113 STAT. 752]]
associated with executing the missions called for under the current
National Military Strategy.
``(2) The Secretary shall forward the report received under
paragraph (1) in any year, with the Secretary's comments thereon (if
any), to Congress with the Secretary's next transmission to Congress of
the annual Department of Defense budget justification materials in
support of the Department of Defense component of the budget of the
President submitted under section 1105 of title 31 for the next fiscal
year. If the Chairman's assessment in such report in any year is that
risk associated with executing the 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.
``(d) Annual <<NOTE: Deadline.>> Report on Combatant Command
Requirements.--(1) Not later than August 15 of each year, the Chairman
shall submit to the committees of Congress named in paragraph (2) a
report on the requirements of the combatant commands established under
section 161 of this title. The report shall contain the following:
``(A) A consolidation of the integrated priority lists of
requirements of the combatant commands.
``(B) The Chairman's views on the consolidated lists.
``(2) The committees of Congress referred to in paragraph (1) are
the Committees on Armed Services and the Committees on Appropriations of
the Senate and House of Representatives.''.
SEC. 1034. REPORT ON LIFT AND PREPOSITIONED SUPPORT REQUIREMENTS
TO SUPPORT NATIONAL MILITARY STRATEGY.
(a) Report <<NOTE: Deadline.>> Required.--Not later than February
15, 2000, the Secretary of Defense shall submit to Congress a report, in
both classified and unclassified form, describing the strategic,
theater, operational, and tactical requirements for airlift, sealift,
surface transportation, and prepositioned war material necessary to
carry out the full range of missions included in the National Military
Strategy prescribed by the Chairman of the Joint Chiefs of Staff under
the postures of force engagement anticipated through 2005.
(b) Content of Report.--The report shall address the following:
(1) A review of the study conducted by the Air Force during
1999 on oversize/outsize airlift cargo requirements, including a
risk assessment and an evaluation of alternatives.
(2) A review of the study of the Chairman of the Joint
Chiefs of Staff conducted during 1999 designated as the ``Joint
Chiefs of Staff Mobility Requirements Study 05'', including a
risk assessment, an evaluation of alternatives, and a validation
of the analyses done by the Joint Staff for that study
concerning each of the following:
(A) The identity, size, structure, and capabilities
of the airlift and sealift requirements for the full
range of shaping, preparing, and responding missions
called for under the National Military Strategy.
(B) The required support and infrastructure required
to successfully execute the full range of missions
required under the National Military Strategy on the
deployment schedules outlined in the plans of the
relevant commanders-in-chief from expected and
increasingly dispersed postures of engagement.
[[Page 113 STAT. 753]]
(C) The anticipated effect of enemy use of weapons
of mass destruction, other asymmetrical attacks,
expected rates of peacekeeping, and other contingency
missions and other similar factors on the mobility force
and its required infrastructure and on mobility
requirements.
(D) The effect on mobility requirements of new
service force structures such as the Air Force's Air
Expeditionary Force, the Army's Strike Force, the Marine
Corps' operational maneuver-from-the-sea concept and
supporting concepts including Ship-to-Objective
Maneuver, Maritime Prepositioning Forces 2010, and
Seabased Logistics, and any foreseeable force structure
modifications through 2005.
(E) The need to deploy forces strategically and
employ them tactically using the same lift platform.
(F) The anticipated role of host nation, foreign,
and coalition airlift and sealift support, and the
anticipated requirements for United States lift assets
to support coalition forces, through 2005.
(G) Alternatives to the current mobility program or
required modifications to the 1998 Air Mobility Master
Plan update.
(3) A review of the Army, Air Force, and Marine Corps
maritime prepositioned ship requirements and modernization plan.
(c) Intra-Theater <<NOTE: Deadline.>> Requirements Report.--Not
later than December 1, 2000, the Secretary of Defense shall submit to
Congress a report, in both classified and unclassified form, describing
the intra-theater requirements for airlift, small-craft lift, and
surface transportation necessary to carry out the full range of missions
included in the National Military Strategy prescribed by the Chairman of
the Joint Chiefs of Staff under the postures of force engagement
anticipated through 2005.
SEC. 1035. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE THE
NATIONAL MILITARY STRATEGY.
(a) Report.--Not <<NOTE: Deadline.>> later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report in unclassified form assessing the effect of
continued operations in the Balkans region on--
(1) the ability of the Armed Forces to successfully meet
other regional contingencies; and
(2) the readiness of the Armed Forces to execute the
National Military Strategy.
(b) Matters To Be Included.--The report under subsection (a) shall
include the following:
(1) All models used by the Chairman of the Joint Chiefs of
Staff to assess the capability of the United States to execute
the full range of missions under the National Military Strategy
and all other models used by the Armed Forces to assess that
capability.
(2) Separate assessments that would result from the use of
those models if it were necessary to execute the full range of
missions called for under the National Military Strategy under
each of the scenarios set forth in subsection (c), including the
levels of casualties the United States would be projected to
incur.
[[Page 113 STAT. 754]]
(3) Assumptions made about the readiness levels of major
units included in each such assessment, including equipment,
personnel, and training readiness and sustainment ability.
(4) The increasing levels of casualties that would be
projected under each such scenario over a range of risks of
prosecuting two Major Theater Wars that proceeds from low-
moderate risk to moderate-high risk.
(5) An estimate of--
(A) the total resources needed to attain a moderate-
high risk under those scenarios;
(B) the total resources needed to attain a low-
moderate risk under those scenarios; and
(C) the incremental resources needed to decrease the
level of risk from moderate-high to low-moderate.
(c) Scenarios To Be Used.--The scenarios to be used for purposes of
paragraphs (1), (2), and (3) of subsection (b) are the following:
(1) That while the Armed Forces are engaged in operations at
the level of the operations ongoing as of the date of the
enactment of this Act, international armed conflict begins--
(A) on the Korean peninsula; and
(B) first on the Korean peninsula and then 45 days
later in Southwest Asia.
(2) That while the Armed Forces are engaged in operations at
the peak level reached during Operation Allied Force against the
Federal Republic of Yugoslavia, international armed conflict
begins--
(A) on the Korean peninsula; and
(B) first on the Korean peninsula and then 45 days
later in Southwest Asia.
(d) Consultation.--In preparing the report under this section, the
Secretary of Defense shall consult with the Chairman of the Joint Chiefs
of Staff, the commanders of the unified commands, the Secretaries of the
military departments, and the heads of the combat support agencies and
other such entities within the Department of Defense as the Secretary
considers necessary.
SEC. 1036. REPORT ON RAPID ASSESSMENT AND INITIAL DETECTION TEAMS.
(a) Report.--Not <<NOTE: Deadline.>> later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the Department's plans for establishing and
deploying Rapid Assessment and Initial Detection (RAID) teams for
responses to incidents involving a weapon of mass destruction. The
report shall include the following:
(1) A description of the capabilities of a RAID team and a
comparison of those capabilities to the capabilities of other
Federal, State, and local WMD responders.
(2) An assessment of the manner in which a RAID team
complements the mission, functions, and capabilities of other
Federal, State, and local WMD responders.
(3) The Department's plan for conducting realistic exercises
involving RAID teams, including exercises with other Federal,
State, and local WMD responders.
(4) A description of the command and control relationships
between the RAID teams and Federal, State, and local WMD
responders.
[[Page 113 STAT. 755]]
(5) An assessment of the degree to which States have
integrated, or are planning to integrate, RAID teams into other-
than-weapon-of-mass-destruction missions of State or local WMD
responders.
(6) A specific description and analysis of the procedures
that have been established or agreed to by States for the use in
one State of a RAID team that is based in another State.
(7) An identification of those States where the deployment
of out-of-State RAID teams is not governed by existing
interstate compacts.
(8) An assessment of the Department's progress in developing
an appropriate national level compact for interstate sharing of
resources that would facilitate consistent and effective
procedures for the use of out-of-State RAID teams.
(9) An assessment of the measures that will be taken to
recruit, train, maintain the proficiency of, and retain members
of the RAID teams, to include those measures to provide for
their career progression.
(b) Definitions.--In this section:
(1) The term ``Rapid Assessment and Initial Detection team''
or ``RAID team'' refers to a military unit comprised of Active
Guard and Reserve personnel organized, trained, and equipped to
conduct domestic missions in the United States in response to
the use of, or threatened use of, a weapon of mass destruction.
(2) The term ``WMD responder'' means an organization
responsible for responding to an incident involving a weapon of
mass destruction.
(3) The term ``weapon of mass destruction'' has the meaning
given that term in section 1403(1) of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1037. REPORT ON UNIT READINESS OF UNITS CONSIDERED TO BE
ASSETS OF CONSEQUENCE MANAGEMENT PROGRAM
INTEGRATION OFFICE.
(a) Joint Readiness Review.--(1) The Secretary of Defense shall
include in the quarterly readiness report submitted to Congress under
section 482 of title 10, United States Code, for the first quarter
beginning after the date of the enactment of this Act an assessment of
the readiness, training status, and future funding requirements of all
active and reserve component units that (as of the date of the enactment
of this Act) are considered assets of the Consequence Management Program
Integration Office of the Department of Defense.
(2) The Secretary shall set forth the assessment under paragraph (1)
as an annex to the quarterly report referred to in that paragraph. The
Secretary shall include in that annex a detailed description of how the
active and reserve component units referred to in that paragraph are
integrated with the Rapid Assessment and Initial Detection Teams in the
overall Consequence Management Program Integration Office of the
Department of Defense.
(b) Decontamination Readiness Plan.--The Secretary of Defense shall
prepare a decontamination readiness plan for the Consequence Management
Program Integration Office of the Department of Defense. The plan shall
include the following:
[[Page 113 STAT. 756]]
(1) The actions necessary to ensure that the units of the
Armed Forces designated to carry out decontamination missions
are at the level of readiness necessary to carry out those
missions.
(2) The funding necessary for attaining and maintaining the
level of readiness referred to in paragraph (1).
(3) Procedures for ensuring that each decontamination unit
is available to respond to an incident in the United States that
involves a weapon of mass destruction within 12 hours after
being notified of the incident.
SEC. 1038. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND BUDGET
SUBMISSION FOR FISCAL YEAR 2001.
(a) Requirement for Report.--The Secretary of Defense shall submit
to the congressional defense committees, on the date that the President
submits the budget for fiscal year 2001 to Congress under section
1105(a) of title 31, United States Code, a report on the relationship
between the budget proposed for budget function 050 (National Defense)
for that fiscal year and the then-current and emerging threats to the
national security interests of the United States identified in the
annual national security strategy report required under section 108 of
the National Security Act of 1947 (50 U.S.C. 404a). The report shall be
prepared in coordination with the Chairman of the Joint Chiefs of Staff
and the Director of Central Intelligence.
(b) Content.--The report shall contain the following:
(1) A detailed description of the threats referred to in
subsection (a).
(2) An analysis of those threats in terms of the probability
that an attack or other threat event will actually occur, the
military challenge posed by those threats, and the potential
damage that those threats could have to the national security
interests of the United States.
(3) An analysis of the allocation of funds in the fiscal
year 2001 budget and the future-years defense program that
addresses each of those threats.
(4) A justification for each major defense acquisition
program (as defined in section 2430 of title 10, United States
Code) that is provided for in the budget in light of the
description and analyses set forth in the report pursuant to
this subsection.
(c) Form of Report.--The report shall be submitted in unclassified
form, but may also be submitted in classified form if necessary.
SEC. 1039. REPORT <<NOTE: 10 USC 113 note.>> ON NATO DEFENSE
CAPABILITIES INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) At the meeting of the North Atlantic Council held in
Washington, DC, in April 1999, the NATO Heads of State and
Governments launched a Defense Capabilities Initiative.
(2) The Defense Capabilities Initiative is designed to
improve the defense capabilities of the individual nations of
the NATO Alliance to ensure the effectiveness of future
operations across the full spectrum of Alliance missions in the
present and foreseeable security environment.
(3) Under the Defense Capabilities Initiative, special focus
will be given to improving interoperability among Alliance
[[Page 113 STAT. 757]]
forces and to increasing defense capabilities through
improvements in the deployability and mobility of Alliance
forces, the sustainability and logistics of those forces, the
survivability and effective engagement capability of those
forces, and command and control and information systems.
(4) The successful implementation of the Defense
Capabilities Initiative will serve to enable all members of the
Alliance to make a more equitable contribution to the full
spectrum of Alliance missions, thereby increasing burdensharing
within the Alliance and enhancing the ability of European
members of the Alliance to undertake operations pursuant to the
European Security and Defense Identity within the Alliance.
(b) Annual <<NOTE: Deadline.>> Report.--(1) Not later than January
31 of each year, the Secretary of Defense shall submit to the Committees
on Armed Services and Foreign Relations of the Senate and the Committees
on Armed Services and International Relations of the House of
Representatives a report, to be prepared in consultation with the
Secretary of State, on implementation of the Defense Capabilities
Initiative by the nations of the NATO Alliance. The report shall include
the following:
(A) A discussion of the work of the temporary High-Level
Steering Group, or any successor group, established to oversee
the implementation of the Defense Capabilities Initiative and to
meet the requirement of coordination and harmonization among
relevant planning disciplines.
(B) A description of the actions taken, including
implementation of the Multinational Logistics Center concept and
development of the C3 system architecture, by the Alliance as a
whole to further the Defense Capabilities Initiative.
(C) A description of the actions taken by each member of the
Alliance other than the United States to improve the
capabilities of its forces in each of the following areas:
(i) Interoperability with forces of other Alliance
members.
(ii) Deployability and mobility.
(iii) Sustainability and logistics.
(iv) Survivability and effective engagement
capability.
(v) Command and control and information systems.
(2) The report shall be submitted in unclassified form, but may also
be submitted in classified form if necessary.
SEC. 1040. REPORT ON MOTOR VEHICLE VIOLATIONS BY OPERATORS OF
OFFICIAL ARMY VEHICLES.
(a) Review Required.--The Secretary of the Army shall review the
incidence during fiscal year 1999 of the violation of motor vehicle laws
by operators of official Army motor vehicles. To the extent practicable,
the review shall include all such violations for which citations were
issued (including infractions relating to parking), other than
violations occurring on a military installation, regardless of whether
or not a fine was paid for the violation.
(b) Report.--Not <<NOTE: Deadline.>> later than March 31, 2000, the
Secretary shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the results of the review under subsection (a). The report
shall include the following:
(1) The number of the citations described in subsection (a),
shown separately by principal jurisdiction.
[[Page 113 STAT. 758]]
(2) An estimate of the total amount of the fines that are
associated with those citations, shown separately by principal
jurisdiction.
(3) Any actions taken by the Secretary or recommendations
that the Secretary considers appropriate to reduce the
prevalence of such violations.
(c) Motor Vehicle Laws.--For purposes of this section, the term
``motor vehicle law'' means a law (including a regulation, ordinance, or
other measure) that regulates the operation or parking of a motor
vehicle within the jurisdiction of the governmental entity establishing
the law.
(d) Principal Jurisdiction.--For purposes of this section, the term
``principal jurisdiction'' means a State, territory, or Commonwealth,
the District of Columbia, or a foreign nation.
Subtitle E--Information Security
SEC. 1041. 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 after section 229, as added by section 932(b), the
following new section:
``Sec. 230. Amounts for declassification of records
``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 No. 12958 (50 U.S.C. 435 note) or any successor
Executive order or to comply with any statutory requirement, or any
request, to declassify Government records.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 229, as added by
section 932(b), the following new item:
``230. Amounts for declassification of records.''.
(b) Limitation on Expenditures.--The total amount expended by the
Department of Defense during fiscal year 2000 to carry out
declassification activities under the provisions of section 3.4 of
Executive Order No. 12958 (50 U.S.C. 435 note) may not exceed the
Department's planned expenditure level of $51,000,000.
(c) Certification <<NOTE: 50 USC 435 note.>> Required With Respect
To Automatic Declassification of Records.--No records of the Department
of Defense that have not been reviewed for declassification shall be
subject to automatic declassification unless the Secretary of Defense
certifies to Congress that such declassification would not harm the
national security.
(d) Report <<NOTE: 50 USC 435 note. Deadline.>> on Automatic
Declassification of Department of Defense Records.--Not later than
February 1, 2001, the Secretary of Defense shall submit to the Committee
on Armed Services of the House of Representatives and the Committee on
Armed Services of the Senate a report on the efforts of the Department
[[Page 113 STAT. 759]]
of Defense relating to the declassification of classified records under
the control of the Department of Defense. Such report shall include the
following:
(1) An assessment of whether the Department will be able to
review all relevant records for declassification before any date
established for automatic declassification.
(2) An estimate of the cost of reviewing records to meet any
requirement to review all relevant records for declassification
by a date established for automatic declassification.
(3) An estimate of the number of records, if any, that the
Department will be unable to review for declassification before
any such date and the affect on national security of the
automatic declassification of those records.
(4) An estimate of the length of time by which any such date
would need to be extended to avoid the automatic
declassification of records that have not yet been reviewed as
of such date.
SEC. 1042. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN SECURITY
AND COUNTERINTELLIGENCE FAILURES WITHIN
DEFENSE PROGRAMS.
(a) In General.--Chapter 161 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2723. Notice to congressional committees of certain
security and counterintelligence failures within
defense programs
``(a) Required Notification.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a notification of each security or counterintelligence
failure or compromise of classified information relating to any defense
operation, system, or technology of the United States that the Secretary
considers likely to cause significant harm or damage to the national
security interests of the United States. The Secretary shall consult
with the Director of Central Intelligence and the Director of the
Federal Bureau of Investigation, as appropriate, before submitting any
such notification.
``(b) Manner of Notification.--Notification of a failure or
compromise of classified information under subsection (a) shall be
provided, in accordance with the procedures established pursuant to
subsection (c), not later than 30 days after the date on which the
Department of Defense determines that the failure or compromise has
taken place.
``(c) Procedures.--The Secretary of Defense and the Committees on
Armed Services of the Senate and House of Representatives shall each
establish such procedures as may be necessary to protect from
unauthorized disclosure classified information, information relating to
intelligence sources and methods, and sensitive law enforcement
information that is submitted to those committees pursuant to this
section and that are otherwise necessary to carry out the provisions of
this section.
``(d) Statutory Construction.--(1) Nothing in this section shall be
construed as authority to withhold any information from the Committees
on Armed Services of the Senate and House of Representatives on the
grounds that providing the information to those committees would
constitute the unauthorized disclosure of
[[Page 113 STAT. 760]]
classified information, information relating to intelligence sources and
methods, or sensitive law enforcement information.
``(2) Nothing in this section shall be construed to modify or
supersede any other requirement to report information on intelligence
activities to the Congress, including the requirement under section 501
of the National Security Act of 1947 (50 U.S.C. 413).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2723. Notice to congressional committees of certain security and
counterintelligence failures within defense programs.''.
SEC. 1043. INFORMATION ASSURANCE INITIATIVE.
(a) In General.--Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2224. Defense Information Assurance Program
``(a) Defense Information Assurance Program.--The Secretary of
Defense shall carry out a program, to be known as the `Defense
Information Assurance Program', to protect and defend Department of
Defense information, information systems, and information networks that
are critical to the Department and the armed forces during day-to-day
operations and operations in times of crisis.
``(b) Objectives of the Program.--The objectives of the program
shall be to provide continuously for the availability, integrity,
authentication, confidentiality, nonrepudiation, and rapid restitution
of information and information systems that are essential elements of
the Defense Information Infrastructure.
``(c) Program Strategy.--In carrying out the program, the Secretary
shall develop a program strategy that encompasses those actions
necessary to assure the readiness, reliability, continuity, and
integrity of Defense information systems, networks, and infrastructure.
The program strategy shall include the following:
``(1) A vulnerability and threat assessment of elements of
the defense and supporting nondefense information
infrastructures that are essential to the operations of the
Department and the armed forces.
``(2) Development of essential information assurances
technologies and programs.
``(3) Organization of the Department, the armed forces, and
supporting activities to defend against information warfare.
``(4) Joint activities of the Department with other
departments and agencies of the Government, State and local
agencies, and elements of the national information
infrastructure.
``(5) The conduct of exercises, war games, simulations,
experiments, and other activities designed to prepare the
Department to respond to information warfare threats.
``(6) Development of proposed legislation that the Secretary
considers necessary for implementing the program or for
otherwise responding to the information warfare threat.
``(d) Coordination.--In carrying out the program, the Secretary
shall coordinate, as appropriate, with the head of any relevant Federal
agency and with representatives of those national critical information
infrastructure systems that are essential to the operations of the
Department and the armed forces on information assurance measures
necessary to the protection of these systems.
[[Page 113 STAT. 761]]
``(e) Annual Report.--Each year, at or about the time the President
submits the annual budget for the next fiscal year pursuant to section
1105 of title 31, the Secretary shall submit to Congress a report on the
Defense Information Assurance Program. Each report shall include the
following:
``(1) Progress in achieving the objectives of the program.
``(2) A summary of the program strategy and any changes in
that strategy.
``(3) A description of the information assurance activities
of the Office of the Secretary of Defense, Joint Staff, unified
and specified commands, Defense Agencies, military departments,
and other supporting activities of the Department of Defense.
``(4) Program and budget requirements for the program for
the past fiscal year, current fiscal year, budget year, and each
succeeding fiscal year in the remainder of the current future-
years defense program.
``(5) An identification of critical deficiencies and
shortfalls in the program.
``(6) Legislative proposals that would enhance the
capability of the Department to execute the program.
``(f) Information Assurance Test Bed.--The Secretary shall develop
an information assurance test bed within the Department of Defense to
provide--
``(1) an integrated organization structure to plan and
facilitate the conduct of simulations, war games, exercises,
experiments, and other activities to prepare and inform the
Department regarding information warfare threats; and
``(2) organization and planning means for the conduct by the
Department of the integrated or joint exercises and experiments
with elements of the national information systems infrastructure
and other non-Department of Defense organizations that are
responsible for the oversight and management of critical
information systems and infrastructures on which the Department,
the armed forces, and supporting activities depend for the
conduct of daily operations and operations during crisis.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2224. Defense Information Assurance Program.''.
SEC. 1044. NONDISCLOSURE OF INFORMATION ON PERSONNEL OF OVERSEAS,
SENSITIVE, OR ROUTINELY DEPLOYABLE
UNITS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130a the following new section:
``Sec. 130b. Personnel in overseas, sensitive, or routinely
deployable units: nondisclosure of personally
identifying information
``(a) Exemption From Disclosure.--The Secretary of Defense and, with
respect to the Coast Guard when it is not operating as a service in the
Navy, the Secretary of Transportation may, notwithstanding section 552
of title 5, authorize to be withheld from disclosure to the public
personally identifying information regarding--
[[Page 113 STAT. 762]]
``(1) any member of the armed forces assigned to an overseas
unit, a sensitive unit, or a routinely deployable unit; and
``(2) any employee of the Department of Defense or of the
Coast Guard whose duty station is with any such unit.
``(b) Exceptions.--(1) The authority in subsection (a) is subject to
such exceptions as the President may direct.
``(2) Subsection (a) does not authorize any official to withhold, or
to authorize the withholding of, information from Congress.
``(c) Definitions.--In this section:
``(1) The term `personally identifying information', with
respect to any person, means the person's name, rank, duty
address, and official title and information regarding the
person's pay.
``(2) The term `unit' means a military organization of the
armed forces designated as a unit by competent authority.
``(3) The term `overseas unit' means a unit that is located
outside the United States and its territories.
``(4) The term `sensitive unit' means a unit that is
primarily involved in training for the conduct of, or
conducting, special activities or classified missions,
including--
``(A) a unit involved in collecting, handling,
disposing, or storing of classified information and
materials;
``(B) a unit engaged in training--
``(i) special operations units;
``(ii) security group commands weapons
stations; or
``(iii) communications stations; and
``(C) any other unit that is designated as a
sensitive unit by the Secretary of Defense or, in the
case of the Coast Guard when it is not operating as a
service in the Navy, by the Secretary of Transportation.
``(5) The term `routinely deployable unit' means a unit that
normally deploys from its permanent home station on a periodic
or rotating basis to meet peacetime operational requirements
that, or to participate in scheduled training exercises that,
routinely require deployments outside the United States and its
territories. Such term includes a unit that is alerted for
deployment outside the United States and its territories during
an actual execution of a contingency plan or in support of a
crisis operation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``130b. Personnel in overseas, sensitive, or routinely deployable units:
nondisclosure of personally identifying information.''.
SEC. 1045. NONDISCLOSURE OF CERTAIN OPERATIONAL FILES OF THE
NATIONAL IMAGERY AND MAPPING AGENCY.
(a) Authority To Withhold.--Subchapter II of chapter 22 of title 10,
United States Code, is amended by adding at the end the following new
section:
[[Page 113 STAT. 763]]
``Sec. 457. Operational files previously maintained by or
concerning activities of National Photographic
Interpretation Center: authority to withhold from
public disclosure
``(a) Authority.--The Secretary of Defense may withhold from public
disclosure operational files described in subsection (b) to the same
extent that operational files may be withheld under section 701 of the
National Security Act of 1947 (50 U.S.C. 431).
``(b) Covered Operational Files.--The authority under subsection (a)
applies to operational files in the possession of the National Imagery
and Mapping Agency that--
``(1) as of September 22, 1996, were maintained by the
National Photographic Interpretation Center; or
``(2) concern the activities of the Agency that, as of such
date, were performed by the National Photographic Interpretation
Center.
``(c) Operational Files Defined.--In this section, the term
`operational files' has the meaning given that term in section 701(b) of
the National Security Act of 1947 (50 U.S.C. 431(b)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``457. Operational files previously maintained by or concerning
activities of National Photographic Interpretation Center:
authority to withhold from public disclosure.''.
Subtitle F--Memorial Objects and Commemorations
SEC. 1051. MORATORIUM <<NOTE: 10 USC 2572 note.>> ON THE RETURN OF
VETERANS MEMORIAL OBJECTS TO FOREIGN
NATIONS WITHOUT SPECIFIC AUTHORIZATION
IN LAW.
(a) Prohibition.--Notwithstanding section 2572 of title 10, United
States Code, and any other provision of law, during the moratorium
period specified in subsection (c) the President may not transfer a
veterans memorial object to a foreign country or an entity controlled by
a foreign government, or otherwise transfer or convey such an object to
any person or entity for purposes of the ultimate transfer or conveyance
of the object to a foreign country or entity controlled by a foreign
government, unless such transfer is specifically authorized by law.
(b) Definitions.--In this section:
(1) Entity controlled by a foreign government.--The term
``entity controlled by a foreign government'' has the meaning
given that term in section 2536(c)(1) of title 10, United States
Code.
(2) Veterans memorial object.--The term ``veterans memorial
object'' means any object, including a physical structure or
portion thereof, that--
(A) is located at a cemetery of the National
Cemetery System, war memorial, or military installation
in the United States;
(B) is dedicated to, or otherwise memorializes, the
death in combat or combat-related duties of members of
the United States Armed Forces; and
[[Page 113 STAT. 764]]
(C) was brought to the United States from abroad as
a memorial of combat abroad.
(c) Period of Moratorium.--The moratorium period for the purposes of
this section is the period beginning on the date of the enactment of
this Act and ending on September 30, 2001.
SEC. 1052. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE KOREAN
WAR.
(a) Period of Program.--Subsection (a) of section 1083 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1918; 10 U.S.C. 113 note) is amended by striking ``The
Secretary of Defense'' and inserting ``During fiscal years 2000 through
2004, the Secretary of Defense''.
(b) Change of Name.--(1) Subsection (c) of such section, as amended
by section 1067 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2134), <<NOTE: 10
USC 113 note.>> is amended by striking `` `The Department of Defense
Korean War Commemoration' '' and inserting `` `The United States of
America Korean War Commemoration' ''.
(2) The amendment made by paragraph (1) may not be construed to
supersede rights that are established or vested before the date of the
enactment of this Act.
(3) Any reference to the Department of Defense Korean War
Commemoration in any law, regulation, document, record, or other paper
of the United States shall be considered to be a reference to the United
States of America Korean War Commemoration.
(c) Funding.--Subsection <<NOTE: 10 USC 113 note.>> (f) of such
section is amended to read as follows:
``(f) Use of Funds.--(1) Funds appropriated for the Army for fiscal
years 2000 through 2004 for operation and maintenance shall be available
for the commemorative program authorized under subsection (a).
``(2) The total amount expended by the Department of Defense through
the Department of Defense 50th Anniversary of the Korean War
Commemoration Committee, an entity within the Department of the Army, to
carry out the commemorative program authorized under subsection (a) for
fiscal years 2000 through 2004 may not exceed $7,000,000.''.
(d) Effective <<NOTE: 10 USC 113 note.>> Date.--The amendments made
by this section shall take effect on October 1, 1999.
SEC. 1053. COMMEMORATION <<NOTE: 10 USC 113 note.>> OF THE VICTORY
OF FREEDOM IN THE COLD WAR.
(a) Findings.--Congress makes the following findings:
(1) The Cold War between the United States and its allies
and the former Union of Soviet Socialist Republics and its
allies was the longest and most costly struggle for democracy
and freedom in the history of mankind.
(2) Whether millions of people all over the world would live
in freedom hinged on the outcome of the Cold War.
(3) Democratic countries bore the burden of the struggle and
paid the costs in order to preserve and promote democracy and
freedom.
(4) The Armed Forces and the taxpayers of the United States
bore the greatest portion of that burden and struggle in order
to protect those principles.
(5) Tens of thousands of United States soldiers, sailors,
airmen, Marines paid the ultimate price during the Cold War
[[Page 113 STAT. 765]]
in order to preserve the freedoms and liberties enjoyed in
democratic countries.
(6) The Berlin Wall erected in Berlin, Germany, epitomized
the totalitarianism that the United States struggled to
eradicate during the Cold War.
(7) The fall of the Berlin Wall on November 9, 1989, was a
major event of the Cold War.
(8) The Soviet Union collapsed on December 25, 1991.
(b) Sense of Congress.--It is the sense of Congress that the
President should issue a proclamation calling on the people of the
United States to observe the victory in the Cold War with appropriate
ceremonies and activities.
(c) Participation of Armed Forces in Celebration of End of Cold
War.--(1) Subject to paragraphs (2), (3), and (4), amounts authorized to
be appropriated by section 301 may be available for costs of the Armed
Forces in participating in a celebration of the end of the Cold War to
be held in Washington, District of Columbia.
(2) The total amount of funds available under paragraph (1) for the
purpose set forth in that paragraph shall not exceed $5,000,000.
(3) The Secretary of Defense may accept contributions from the
private sector for the purpose of reducing the costs of the Armed Forces
described in paragraph (1). The amount of funds available under
paragraph (1) for the purpose set forth in that paragraph shall be
reduced by an amount equal to the amount of contributions accepted by
the Secretary under the preceding sentence.
(4) The funding authorized in paragraph (1) shall not be available
until 30 days after the date upon which the plan required by subsection
(d) is submitted.
(d) Report.--(1) The President shall transmit to Congress--
(A) a report on the content of the proclamation referred to
in subsection (b); and
(B) a plan for appropriate ceremonies and activities.
(2) The plan submitted under paragraph (1) shall include the
following:
(A) A discussion of the content, location, date, and time of
each ceremony and activity included in the plan.
(B) The funding allocated to support those ceremonies and
activities.
(C) The organizations and individuals consulted while
developing the plan for those ceremonies and activities.
(D) A list of private sector organizations and individuals
that are expected to participate in each ceremony and activity.
(E) A list of local, State, and Federal agencies that are
expected to participate in each ceremony and activity.
(e) Commission on Victory in the Cold War.--(1) There is hereby
established a commission to be known as the ``Commission on Victory in
the Cold War''.
(2) The Commission shall be composed of twelve members, as follows:
(A) Two shall be appointed by the President.
(B) Three shall be appointed by the Speaker of the House of
Representatives.
(C) Two shall be appointed by the minority leader of the
House of Representatives.
[[Page 113 STAT. 766]]
(D) Three shall be appointed by the majority leader of the
Senate.
(E) Two shall be appointed by the minority leader of the
Senate.
(3) The Commission shall review and make recommendations regarding
the celebration of the victory in the Cold War, to include the date of
the celebration, usage of facilities, participation of the Armed Forces,
and expenditure of funds.
(4) The Secretary shall--
(A) consult with the Commission on matters relating to the
celebration of the victory in the Cold War;
(B) reimburse Commission members for expenses relating to
participation of Commission members in Commission activities
from funds made available under subsection (c); and
(C) provide the Commission with administrative support.
(5) The Commission shall be co-chaired by two members as follows:
(A) One selected by and from among those appointed pursuant
to subparagraphs (A), (C), and (E) of paragraph (2).
(B) One selected by and from among those appointed pursuant
to subparagraphs (B) and (D) of paragraph (2).
Subtitle G--Other Matters
SEC. 1061. DEFENSE SCIENCE BOARD TASK FORCE ON USE OF TELEVISION
AND RADIO AS A PROPAGANDA INSTRUMENT IN
TIME OF MILITARY CONFLICT.
(a) Establishment of Task Force.--The Secretary of Defense shall
establish a task force of the Defense Science Board to examine--
(1) the use of radio and television broadcasting as a
propaganda instrument in time of military conflict; and
(2) the adequacy of the capabilities of the Armed Forces to
make such uses of radio and television during conflicts such as
the conflict in the Federal Republic of Yugoslavia in the spring
of 1999.
(b) Duties of Task Force.--The task force shall assess and develop
recommendations as to the appropriate capabilities, if any, that the
Armed Forces should have to broadcast radio and television into a region
in time of military conflict so as to ensure that the general public in
that region is exposed to the facts of the conflict. In making that
assessment and developing those recommendations, the task force shall
review the following:
(1) The capabilities of the Armed Forces to develop
programming and to make broadcasts that can reach a large
segment of the general public in a country such as the Federal
Republic of Yugoslavia.
(2) The potential of various Department of Defense airborne
or land-based mechanisms to have capabilities described in
paragraph (1), including improvements to the EC-130 Commando
Solo aircraft and the use of other airborne platforms, unmanned
aerial vehicles, and land-based transmitters in conjunction with
satellites.
(3) Other issues relating to the use of television and radio
as a propaganda instrument in time of conflict.
[[Page 113 STAT. 767]]
(c) Report.--The <<NOTE: Deadlines.>> task force shall submit to the
Secretary of Defense a report containing its assessments and
recommendations under subsection (b) not later than February 1, 2000.
The Secretary shall submit the report, together with the comments and
recommendations of the Secretary, to the congressional defense
committees not later than March 1, 2000.
SEC. 1062. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.
(a) Assessment Required.--Part C of the National Telecommunications
and Information Administration Organization Act is amended by adding
after section 155 the following new section:
``SEC. 156. ASSESSMENT <<NOTE: 47 USC 921 note.>> OF
ELECTROMAGNETIC SPECTRUM REALLOCATION.
``(a) Review and Assessment of Electromagnetic Spectrum
Reallocation.--
``(1) Review and assessment required.--The Secretary of
Commerce, acting through the Assistant Secretary and in
coordination with the Chairman of the Federal Communications
Commission, shall convene an interagency review and assessment
of--
``(A) the progress made in implementation of
national spectrum planning;
``(B) the reallocation of Federal Government
spectrum to non-Federal use, in accordance with the
amendments made by title VI of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-66; 107 Stat.
379) and title III of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat. 258); and
``(C) the implications for such reallocations to the
affected Federal executive agencies.
``(2) Coordination.--The assessment shall be conducted in
coordination with affected Federal executive agencies through
the Interdepartmental Radio Advisory Committee.
``(3) Cooperation and assistance.--Affected Federal
executive agencies shall cooperate with the Assistant Secretary
in the conduct of the review and assessment and furnish the
Assistant Secretary with such information, support, and
assistance, not inconsistent with law, as the Assistant
Secretary may consider necessary in the performance of the
review and assessment.
``(4) Attention to particular subjects required.--In the
conduct of the review and assessment, particular attention shall
be given to--
``(A) the effect on critical military and
intelligence capabilities, civil space programs, and
other Federal Government systems used to protect public
safety of the reallocated spectrum described in
paragraph (1)(B) of this subsection;
``(B) the anticipated impact on critical military
and intelligence capabilities, future military and
intelligence operational requirements, national defense
modernization programs, and civil space programs, and
other Federal Government systems used to protect public
safety, of future potential reallocations to non-Federal
use of bands of the electromagnetic spectrum that are
currently allocated for use by the Federal Government;
and
[[Page 113 STAT. 768]]
``(C) future spectrum requirements of agencies in
the Federal Government.
``(b) Submission <<NOTE: Deadline.>> of Report.--The Secretary of
Commerce, in coordination with the heads of the affected Federal
executive agencies, and the Chairman of the Federal Communications
Commission shall submit to the President, the Committee on Armed
Services and the Committee on Commerce, Science, and Transportation of
the Senate, and the Committee on Armed Services, the Committee on
Commerce, and the Committee on Science of the House of Representatives,
not later than October 1, 2000, a report providing the results of the
assessment required by subsection (a).''.
(b) Surrender <<NOTE: 47 USC 921 note.>> of Department of Defense
Spectrum.--
(1) In general.--If, in order to make available for other
use a band of frequencies of which it is a primary user, the
Department of Defense is required to surrender use of such band
of frequencies, the Department shall not surrender use of such
band of frequencies until--
(A) the National Telecommunications and Information
Administration, in consultation with the Federal
Communications Commission, identifies and makes
available to the Department for its primary use, if
necessary, an alternative band or bands of frequencies
as a replacement for the band to be so surrendered; and
(B) the Secretary of Commerce, the Secretary of
Defense, and the Chairman of the Joint Chiefs of Staff
jointly certify to the Committee on Armed Services and
the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Armed Services and
the Committee on Commerce of the House of
Representatives, that such alternative band or bands
provides comparable technical characteristics to restore
essential military capability that will be lost as a
result of the band of frequencies to be so surrendered.
(2) Exception.--Paragraph (1) shall not apply to a band of
frequencies that has been identified for reallocation in
accordance with title VI of the Omnibus Budget Reconciliation
Act of 1993 (Public Law 103-66; 107 Stat. 379) and title III of
the Balanced Budget Act of 1997 (Public Law 105-33, 111 Stat.
258), other than a band of frequencies that is reclaimed
pursuant to subsection (c).
(c) Reassignment <<NOTE: 47 USC 921 note.>> to Federal Government
for Use by Department of Defense of Certain Frequency Spectrum
Recommended for Reallocation.--(1) Notwithstanding any provision of the
National Telecommunications and Information Administration Organization
Act or the Balanced Budget Act of 1997, the President shall reclaim for
exclusive Federal Government use on a primary basis by the Department of
Defense--
(A) the bands of frequencies aggregating 3 megahertz located
between 138 and 144 megahertz that were recommended for
reallocation in the second reallocation report under section
113(a) of that Act; and
(B) the band of frequency aggregating 5 megahertz located
between 1385 megahertz and 1390 megahertz, inclusive, that was
so recommended for reallocation.
(2) Section 113(b)(3)(A) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
[[Page 113 STAT. 769]]
923(b)(3)(A)) is amended by striking ``20 megahertz'' and inserting ``12
megahertz''.
SEC. 1063. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUCTION ACT
OF 1950.
(a) Extension of Termination Date.--Section 717(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking
``September 30, 1999'' and inserting ``September 30, 2000''.
(b) Extension of Authorization.--Section 711(b) of such Act (50
U.S.C. App. 2161(b)) is amended by striking ``the fiscal years 1996,
1997, 1998, and 1999'' and inserting ``fiscal years 1996 through 2000''.
SEC. 1064. PERFORMANCE OF THREAT AND RISK ASSESSMENTS.
Section 1404 of the Defense Against Weapons of Mass Destruction Act
of 1998 (title XIV of Public Law 105-261; 50 U.S.C. 2301 note) is
amended to read as follows:
``SEC. 1404. THREAT AND RISK ASSESSMENTS.
``(a) Threat and Risk Assessments.--Assistance to Federal, State,
and local agencies provided under the program under section 1402 shall
include the performance of assessments of the threat and risk of
terrorist employment of weapons of mass destruction against cities and
other local areas. Such assessments shall be used by Federal, State, and
local agencies to determine the training and equipment requirements
under this program and shall be performed as a collaborative effort with
State and local agencies.
``(b) Conduct of Assessments.--The Department of Justice, as lead
Federal agency for domestic crisis management in response to terrorism
involving weapons of mass destruction, shall--
``(1) conduct any threat and risk assessment performed under
subsection (a) in coordination with appropriate Federal, State,
and local agencies; and
``(2) develop procedures and guidance for conduct of the
threat and risk assessment in consultation with officials from
the intelligence community.''.
SEC. 1065. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING.
(a) Authority To Transfer Agents.--(1) The Secretary of Defense may
transfer to the Attorney General, in accordance with the Chemical
Weapons Convention, quantities of lethal chemical agents required to
support training at the Center for Domestic Preparedness in Fort
McClellan, Alabama. The quantity of lethal chemical agents transferred
under this section may not exceed that required to support training for
emergency first-response 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 lethal chemical agents that shall
be transferred under this section. Such amount shall be transferred from
quantities of lethal chemical agents that are produced, acquired, or
retained by the Department of Defense.
(3) The Secretary of Defense may not transfer lethal chemical agents
under this section until--
[[Page 113 STAT. 770]]
(A) the Center referred to in paragraph (1) is transferred
from the Department of Defense to the Department of Justice; and
(B) the Secretary determines that the Attorney General is
prepared to receive such agents.
(4) To carry out the training described in paragraph (1) and other
defensive training not prohibited by the Chemical Weapons Convention,
the Secretary of Defense may transport lethal chemical agents from a
Department of Defense facility in one State to a Department of Justice
or Department of Defense facility in another State.
(5) Quantities of lethal chemical agents transferred under this
section shall meet all applicable requirements for transportation,
storage, treatment, and disposal of such agents and for any resulting
hazardous waste products.
(b) Annual Report.--The Secretary of Defense, in consultation with
the Attorney General, shall report annually to Congress regarding the
disposition of lethal chemical agents transferred under this section.
(c) Non-Interference With Treaty Obligations.--Nothing in this
section may be construed as interfering with United States treaty
obligations under the Chemical Weapons Convention.
(d) Chemical Weapons Convention Defined.--In this section, the term
``Chemical Weapons Convention'' means the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction, opened for signature on January 13, 1993.
SEC. 1066. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 136(a) is amended by inserting ``advice and''
after ``by and with the''.
(2) Section 180(d) is amended by striking ``grade GS-18 of
the General Schedule under section 5332 of title 5'' and
inserting ``Executive Schedule Level IV under section 5376 of
title 5''.
(3) Section 192(d) is amended by striking ``the date of the
enactment of this subsection'' and inserting ``October 17,
1998''.
(4) Section 374(b) is amended--
(A) in paragraph (1), by aligning subparagraphs (C)
and (D) with subparagraphs (A) and (B); and
(B) in paragraph (2)(F), by striking the second
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 977(d)(2) is amended by striking ``the lesser
of'' and all that follows through ``(B)''.
(7) Section 1073 is amended by inserting ``(42 U.S.C. 14401
et seq.)'' before the period at the end of the second sentence.
(8) Section 1076a(j)(2) is amended by striking ``1 year''
and inserting ``one year''.
(9) Section 1370(d) is amended--
(A) in paragraph (1), by striking ``chapter 1225''
and inserting ``chapter 1223''; and
[[Page 113 STAT. 771]]
(B) in paragraph (5), by striking ``the date of the
enactment of this paragraph'' and inserting ``October
17, 1998,''.
(10) Section 1401a(b)(2) is amended--
(A) by striking ``members'' and all that follows
through ``The Secretary shall'' and inserting
``members.--The 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.
(11) Section 1406(i)(2) is amended by striking ``on or after
the date of the enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999'' and inserting ``after
October 16, 1998''.
(12) Section 1448(b)(3)(E)(ii) is amended by striking ``on
or after the date of the enactment of the subparagraph'' and
inserting ``after October 16, 1998,''.
(13) Section 1501(d) is amended by striking ``prescribed''
in the first sentence and inserting ``described''.
(14) Section 1509(a)(2) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1998'' in subparagraphs (A) and (B) and inserting
``November 18, 1997,''.
(15) Section 1513(1) is amended by striking ``, under the
circumstances specified in the last sentence of section 1509(a)
of this title'' and inserting ``who is required by section
1509(a)(1) of this title to be considered a missing person''.
(16) Section 2208(l)(2)(A) is amended by inserting ``of''
after ``during a period''.
(17) Section 2212(f) is amended--
(A) in paragraphs (2) and (3), by striking ``after
the date of the enactment of this section'' and
inserting ``after October 17, 1998,''; and
(B) in paragraphs (2), (3), and (4), by striking
``as of the date of the enactment of this section'' and
inserting ``as of October 17, 1998''.
(18) Section 2302c(b) is amended by striking ``section
2303'' and inserting ``section 2303(a)''.
(19) Section 2325(a)(1) is amended by inserting ``that
occurs after November 18, 1997,'' after ``of the contractor'' in
the matter that precedes subparagraph (A).
(20) Section 2469a(c)(3) is amended by striking ``the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1998'' and inserting ``November 18, 1997''.
(21) Section 2486(c) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1998,'' in the second sentence and inserting
``November 18, 1997,''.
(22) Section 2492(b) is amended by striking ``the date of
the enactment of this section'' and inserting ``October 17,
1998''.
(23) Section 2539b(a) is amended by striking ``secretaries
of the military departments'' and inserting ``Secretaries of the
military departments''.
(24) Section 2641a is amended--
[[Page 113 STAT. 772]]
(A) by striking ``, United States Code,'' in
subsection (b)(2); and
(B) by striking subsection (d).
(25) Section 2692(b) is amended--
(A) by striking ``apply to--'' in the matter
preceding paragraph (1) and inserting ``apply to the
following:'';
(B) by striking ``the'' at the beginning of each of
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.
(26) Section 2696 is amended--
(A) in subsection (a), by inserting ``enacted after
December 31, 1997,'' after ``any provision of law'';
(B) in subsection (b)(1), by striking ``required by
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''.
(27) Section 2703(c) is amended by striking ``United States
Code,''.
(28) Section 2837(d)(2) is amended--
(A) by inserting ``and'' at the end of subparagraph
(A);
(B) by striking ``; and'' at the end of subparagraph
(B) and inserting a period; and
(C) by striking subparagraph (C).
(29) Section 7315(d)(2) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1998'' and inserting ``November 18, 1997,''.
(30) Section 7902(e)(5) is amended by striking ``, United
States Code,''.
(31) The item relating to section 12003 in the table of
sections at the beginning of chapter 1201 is amended by
inserting ``in an'' after ``officers''.
(32) Section 14301(g) is amended by striking ``1 year'' both
places it appears and inserting ``one year''.
(33) Section 16131(b)(1) is amended by inserting ``in''
after ``Except as provided''.
(b) Public <<NOTE: Effective date.>> 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) <<NOTE: 10 USC 691.>> 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) <<NOTE: 10 USC 1370.>> Section 513(a) (112 Stat. 2007)
is amended by striking ``section 511'' and inserting ``section
512(a)''.
(4) <<NOTE: 10 USC 2012 note.>> Section 525(b) (112 Stat.
2014) is amended by striking ``subsection (i)'' and inserting
``subsection (j)''.
(5) <<NOTE: 46 USC app. 1295b.>> Section 568 (112 Stat.
2031) is amended by striking ``1295(c)'' in the matter preceding
paragraph (1) and inserting ``1295b(c)''.
[[Page 113 STAT. 773]]
(6) <<NOTE: 10 USC 1073 note.>> Section 722(c) (112 Stat.
2067) is amended--
(A) by striking ``(1)'' before ``An individual is
eligible'';
(B) by redesignating subparagraphs (A), (B), (C),
and (D) as paragraphs (1), (2), (3), and (4),
respectively; and
(C) in paragraph (4), as so redesignated, by
striking ``subsection (c)'' and inserting ``subsection
(d)''.
(c) Public Law 105-85.--The National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) is amended as follows:
(1) Section 557(b) (111 Stat. 1750) <<NOTE: 10 USC 4318
note.>> is amended by inserting ``to'' after ``with respect''.
(2) Section 563(b) (111 Stat. 1754) <<NOTE: 10 USC 113
note.>> is amended by striking ``title'' and inserting
``subtitle''.
(3) Section 644(d)(2) (111 Stat. 1801) <<NOTE: 10 USC 1448
note.>> is amended by striking ``paragraphs (3) and (4)'' and
inserting ``paragraphs (7) and (8)''.
(4) Section 934(b) (111 Stat. 1866) <<NOTE: 10 USC 1501
note.>> is amended by striking ``of'' after ``matters
concerning''.
(d) Other Laws.--
(1) <<NOTE: Effective date.>> 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) <<NOTE: 38
USC 1968.>> 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''.
(e) Coordination <<NOTE: 10 USC 101 note.>> With Other Amendments.--
For purposes of applying amendments made by provisions of this Act other
than provisions of this section, this section shall be treated as having
been enacted immediately before the other provisions of this Act.
[[Page 113 STAT. 774]]
SEC. 1067. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE ON
NATIONAL SECURITY OF THE HOUSE OF
REPRESENTATIVES TO COMMITTEE ON ARMED
SERVICES.
The following provisions of law are amended by striking ``Committee
on National Security'' each place it appears and inserting ``Committee
on Armed Services'':
(1) <<NOTE: 10 USC 113 et seq.>> Title 10, United States
Code.
(2) Sections 301b(i)(2) and 431(d)(2) of title 37, United
States Code.
(3) The following provisions of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261): section 3, section 344(c)(3) (10 U.S.C. 113 note), section
571(f) (10 U.S.C. 520 note), section 722(b)(3)(A) (10 U.S.C.
1073 note), section 723(d) (10 U.S.C. 1073 note), section 724
(10 U.S.C. 1108 note), section 733(b)(3) (10 U.S.C. 1091 note),
section 741(c) (10 U.S.C. 1109 note), section 745(h) (10 U.S.C.
1071 note), 803(c)(4) (10 U.S.C. 2306a note), section 914,
section 1007(f)(1), section 1101(g)(1) (5 U.S.C. 3104 note),
section 1223(a) (22 U.S.C. 1928 note), section 1502(a) (22
U.S.C. 2593a note), section 3124(d), section 3158(c) (42 U.S.C.
2121 note), section 3159(d) (42 U.S.C. 2121 note), and section
3161(d)(2) (50 U.S.C. 435 note).
(4) The following provisions of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85):
section 3, <<NOTE: 112 Stat. 1935.>> section 349(g) (10 U.S.C.
2702 note), section 849(b) (10 U.S.C. 1731 note), section
1033(f)(4), section 1078(d) (50 U.S.C. 1520a), <<NOTE: 50 USC
app. 2404 note.>> section 1215(2), section 3124(d), and section
3140(a).
(5) The following provisions of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201):
section 3, <<NOTE: 110 Stat 2439.>> section 121(e)(1), section
270(a) (10 U.S.C. 2501 note), section 326(c), section 333(c),
section 552(a), <<NOTE: 33 USC 2406 note.>> section 1042(a) (10
U.S.C. 113 note), section 1053(d), section 2827(b)(3), and
section 3124(c).
(6) The following provisions of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106):
section 3, <<NOTE: 110 Stat. 204; 10 USC 2431 note.>> section
131, section 234(f), section 279(b), section 373(a), section
807(c) (10 U.S.C. 2401a note), section 822(e) (10 U.S.C. 2302
note), section 1011(d)(2), section 1205(a)(2) (22 U.S.C. 5955
note), section 3124(c), and section 3411 (10 U.S.C. 7420 note).
(7) Section 2922(b) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2687
note).
(8) Sections 326(a)(5) (10 U.S.C. 2302 note) and
1505(e)(2)(B) (22 U.S.C. 5859a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484).
(9) Section 1097(a)(1) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 22
U.S.C. 2751 note).
(10) The following provisions of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510):
section 1403(d)(2) (50 U.S.C. 404b(d)(2)), section 1457(d)(2)
(50 U.S.C. 404c(d)(2)), section 2910(2) (10 U.S.C. 2687 note),
and subsections (e)(3)(A) and (f)(2) of section 2921 (10 U.S.C.
2687 note).
[[Page 113 STAT. 775]]
(11) Subsections (b)(4) and (k)(2) of section 1412 of the
Department of Defense Authorization Act, 1986 (Public Law 99-
145; 50 U.S.C. 1521).
(12) Section 1002(d) of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928
note).
(13) Sections 6(d)(1) and 7(b) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98e(d)(1), 98f(b)).
(14) Section 8125(g)(2) of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 10 U.S.C. 113
note).
(15) Section 7606(b) of the Anti-Drug Abuse Act of 1988
(Public Law 100-690; 10 U.S.C. 9441 note).
(16) Sections 104(d)(5) and 109(c)(2) of the National
Security Act of 1947 (50 U.S.C. 403-4(d)(5), 404d(c)(2)).
(17) Sections 8(b)(3) and 8(f)(1) of the Inspector General
Act of 1978 (5 U.S.C. App.).
(18) Section 204(h)(3) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)(3)).
(19) Section 101(f)(3)(A) of the Sikes Act (16 U.S.C.
670a(f)(3)(A)).
(20) Section 103(c) of the High-Performance Computing Act of
1991 (15 U.S.C. 5513(c)).
(21) Section 205(b)(1) of the Commercial Space Act of 1998
(Public Law 105-303; 42 U.S.C. 14734(b)(1)).
(22) Section 506(c) of the Intelligence Authorization Act
for Fiscal Year 1996 (Public Law 104-93; 109 Stat. 974).
(23) Section 2(f) of the Wildfire Suppression Aircraft
Transfer Act of 1996 (Public Law 104-307; 10 U.S.C. 2576 note).
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement
authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive
employees.
Sec. 1103. Restoration of leave of emergency essential employees serving
in a combat zone.
Sec. 1104. Extension of certain temporary authorities to provide
benefits for employees in connection with defense
workforce reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve
technicians on active duty in support of combat
operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under
section 6323 of title 5, United States Code, may
be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff
of the Uniformed Services University of the Health
Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain
workforce management restrictions.
SEC. 1101. ACCELERATED IMPLEMENTATION OF VOLUNTARY EARLY
RETIREMENT AUTHORITY.
Section 1109(d)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2145; 5 U.S.C. 8336 note) is amended by striking ``October 1, 2000'' and
inserting ``October 1, 1999''.
[[Page 113 STAT. 776]]
SEC. 1102. INCREASE OF PAY CAP FOR NONAPPROPRIATED FUND SENIOR
EXECUTIVE EMPLOYEES.
Section 5373 of title 5, United States Code, is amended--
(1) in the first sentence, by striking ``Except as
provided'' and inserting ``(a) Except as provided in subsection
(b) and''; and
(2) by adding at the end the following new subsection:
``(b) Subsection (a) shall not affect the authority of the Secretary
of Defense or the Secretary of a military department to fix the pay of a
civilian employee paid from nonappropriated funds, except that the
annual rate of basic pay (including any portion of such pay attributable
to comparability with private-sector pay in a locality) of such an
employee may not be fixed at a rate greater than the rate for level III
of the Executive Schedule.''.
SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL EMPLOYEES
SERVING IN A COMBAT ZONE.
(a) Service in a Combat Zone as Exigency of the Public Business.--
Section 6304(d) of title 5, United States Code, is amended by adding at
the end the following:
``(4)(A) For the purpose of this subsection, service of a Department
of Defense emergency essential employee in a combat zone is an exigency
of the public business for that employee. Any leave that, by reason of
such service, is lost by the employee by operation of this section
(regardless of whether such leave was scheduled) shall be restored to
the employee and shall be credited and available in accordance with
paragraph (2).
``(B) As used in subparagraph (A)--
``(i) the term `Department of Defense emergency essential
employee' means an employee of the Department of Defense who is
designated under section 1580 of title 10 as an emergency
essential employee; and
``(ii) the term `combat zone' has the meaning given such
term in section 112(c)(2) of the Internal Revenue Code of
1986.''.
(b) Designation of Emergency Essential Employees.--(1) Chapter 81 of
title 10, United States Code, is amended by inserting after the table of
sections at the beginning of such chapter the following new section
1580:
``Sec. 1580. Emergency essential employees: designation
``(a) Criteria for Designation.--The Secretary of Defense or the
Secretary of the military department concerned may designate as an
emergency essential employee any employee of the Department of Defense,
whether permanent or temporary, the duties of whose position meet all of
the following criteria:
``(1) It is the duty of the employee to provide immediate
and continuing support for combat operations or to support
maintenance and repair of combat essential systems of the armed
forces.
``(2) It is necessary for the employee to perform that duty
in a combat zone after the evacuation of nonessential personnel,
including any dependents of members of the armed forces, from
the zone in connection with a war, a national emergency declared
by Congress or the President, or the commencement of combat
operations of the armed forces in the zone.
``(3) It is impracticable to convert the employee's position
to a position authorized to be filled by a member of the armed
[[Page 113 STAT. 777]]
forces because of a necessity for that duty to be performed
without interruption.
``(b) Eligibility of Employees of Nonappropriated Fund
Instrumentalities.--A nonappropriated fund instrumentality employee is
eligible for designation as an emergency essential employee under
subsection (a).
``(c) Definitions.--In this section:
``(1) The term `combat zone' has the meaning given that term
in section 112(c)(2) of the Internal Revenue Code of 1986.
``(2) The term `nonappropriated fund instrumentality
employee' has the meaning given that term in section 1587(a)(1)
of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting before the item relating to section 1581 the
following:
``1580. Emergency essential employees: designation.''.
SEC. 1104. EXTENSION OF CERTAIN TEMPORARY AUTHORITIES TO PROVIDE
BENEFITS FOR EMPLOYEES IN CONNECTION
WITH DEFENSE WORKFORCE REDUCTIONS AND
RESTRUCTURING.
(a) Lump-Sum Payment of Severance Pay.--Section 5595(i)(4) of title
5, United States Code, is amended by striking ``the date of the
enactment of the National Defense Authorization Act for Fiscal Year 1996
and before October 1, 1999'' and inserting ``February 10, 1996, and
before October 1, 2003''.
(b) Voluntary Separation Incentive.--Section 5597(e) of such title
is amended by striking ``September 30, 2001'' and inserting ``September
30, 2003''.
(c) Continuation of FEHBP Eligibility.--Section 8905a(d)(4)(B) of
such title is amended by striking clauses (i) and (ii) and inserting the
following:
``(i) October 1, 2003; or
``(ii) February 1, 2004, if specific notice of such
separation was given to such individual before October 1,
2003.''.
SEC. 1105. LEAVE WITHOUT LOSS OF BENEFITS FOR MILITARY RESERVE
TECHNICIANS ON ACTIVE DUTY IN SUPPORT OF
COMBAT OPERATIONS.
(a) Elimination of Restriction to Situations Involving Noncombat
Operations.--Section 6323(d)(1) of title 5, United States Code, is
amended by striking ``noncombat''.
(b) Effective <<NOTE: 5 USC 6323 note.>> Date.--The amendment made
by subsection (a) shall take effect on the date of the enactment of this
Act and shall apply with respect to days of leave under section
6323(d)(1) of title 5, United States Code, on or after that date.
SEC. 1106. EXPANSION OF GUARD-AND-RESERVE PURPOSES FOR WHICH LEAVE
UNDER SECTION 6323 OF TITLE 5, UNITED
STATES CODE, MAY BE USED.
(a) In General.--Section 6323(a)(1) of title 5, United States Code,
is amended in the first sentence by inserting ``, inactive-duty training
(as defined in section 101 of title 37),'' after ``active duty''.
(b) Applicability.--The <<NOTE: 5 USC 6323 note.>> amendment made by
subsection (a) shall not apply with respect to any inactive-duty
training (as defined in such amendment) occurring before the date of the
enactment of this Act.
[[Page 113 STAT. 778]]
SEC. 1107. WORK SCHEDULES AND PREMIUM PAY OF SERVICE ACADEMY
FACULTY.
(a) United States Military Academy.--Section 4338 of title 10,
United States Code, is amended by adding at the end the following new
subsection (c):
``(c) The Secretary of the Army may, notwithstanding the provisions
of subchapter V of chapter 55 of title 5 or section 6101 of such title,
prescribe for persons employed under this section the following:
``(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other
characteristics as the Secretary determines appropriate.
``(2) Any premium pay or compensatory time off for hours of
work or tours of duty in excess of the regularly scheduled hours
or tours of duty.''.
(b) United States Naval Academy.--Section 6952 of title 10, United
States Code, is amended by--
(1) redesignating subsection (c) as subsection (d); and
(2) inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary of the Navy may, notwithstanding the provisions
of subchapter V of chapter 55 of title 5 or section 6101 of such title,
prescribe for persons employed under this section the following:
``(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other
characteristics as the Secretary determines appropriate.
``(2) Any premium pay or compensatory time off for hours of
work or tours of duty in excess of the regularly scheduled hours
or tours of duty.''.
(c) United States Air Force Academy.--Section 9338 of title 10,
United States Code, is amended by adding at the end the following new
subsection (c):
``(c) The Secretary of the Air Force may, notwithstanding the
provisions of subchapter V of chapter 55 of title 5 or section 6101 of
such title, prescribe for persons employed under this section the
following:
``(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other
characteristics as the Secretary determines appropriate.
``(2) Any premium pay or compensatory time off for hours of
work or tours of duty in excess of the regularly scheduled hours
or tours of duty.''.
SEC. 1108. SALARY SCHEDULES AND RELATED BENEFITS FOR FACULTY AND
STAFF OF THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
Section 2113(f) of title 10, United States Code, is amended by
adding at the end the following:
``(3) The limitations in section 5373 of title 5 do not apply to the
authority of the Secretary under paragraph (1) to prescribe salary
schedules and other related benefits.''.
[[Page 113 STAT. 779]]
SEC. 1109. EXEMPTION OF DEFENSE LABORATORY EMPLOYEES FROM CERTAIN
WORKFORCE MANAGEMENT RESTRICTIONS.
Section 342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2721) is amended by adding at
the end the following new paragraph:
``(4) The employees of a laboratory covered by a personnel
demonstration project carried out under this section shall be exempt
from, and may not be counted for the purposes of, any constraint or
limitation in a statute or regulation in terms of supervisory ratios or
maximum number of employees in any specific category or categories of
employment that may otherwise be applicable to the employees. The
employees shall be managed by the director of the laboratory subject to
the supervision of the Under Secretary of Defense for Acquisition,
Technology, and Logistics.''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to the People's Republic of China
Sec. 1201. Limitation on military-to-military exchanges and contacts
with Chinese People's Liberation Army.
Sec. 1202. Annual report on military power of the People's Republic of
China.
Subtitle B--Matters Relating to the Balkans
Sec. 1211. Department of Defense report on the conduct of Operation
Allied Force and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution
of war crimes, genocide, and crimes against
humanity in the former Republic of Yugoslavia.
Subtitle C--Matters Relating to NATO and Other Allies
Sec. 1221. Legal effect of the new strategic concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater
wars.
Sec. 1223. Attendance at professional military education schools by
military personnel of the new member nations of
NATO.
Subtitle D--Other Matters
Sec. 1231. Multinational economic embargoes against governments in armed
conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during
fiscal year 2000 and congressional notice of
deployments to Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions
against Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical
overseas missions involving United States combat
forces.
Subtitle A--Matters Relating to the People's Republic of China
SEC. 1201. <<NOTE: 10 USC 168 note.>> LIMITATION ON MILITARY-TO-
MILITARY EXCHANGES AND CONTACTS WITH
CHINESE PEOPLE'S LIBERATION ARMY.
(a) Limitation.--The Secretary of Defense may not authorize any
military-to-military exchange or contact described in subsection (b) to
be conducted by the armed forces with representatives of the People's
Liberation Army of the People's Republic of China if that exchange or
contact would create a national security risk due to an inappropriate
exposure specified in subsection (b).
(b) Covered Exchanges and Contacts.--Subsection (a) applies to any
military-to-military exchange or contact that includes inappropriate
exposure to any of the following:
[[Page 113 STAT. 780]]
(1) Force projection operations.
(2) Nuclear operations.
(3) Advanced combined-arms and joint combat operations.
(4) Advanced logistical operations.
(5) Chemical and biological defense and other capabilities
related to weapons of mass destruction.
(6) Surveillance and reconnaissance operations.
(7) Joint warfighting experiments and other activities
related to a transformation in warfare.
(8) Military space operations.
(9) Other advanced capabilities of the Armed Forces.
(10) Arms sales or military-related technology transfers.
(11) Release of classified or restricted information.
(12) Access to a Department of Defense laboratory.
(c) Exceptions.--Subsection (a) does not apply to any search-and-
rescue or humanitarian operation or exercise.
(d) Annual <<NOTE: Deadline.>> Certification by Secretary.--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, not later than December 31 each year, a certification
in writing as to whether or not any military-to-military exchange or
contact during that calendar year was conducted in violation of
subsection (a).
(e) Annual <<NOTE: Deadline.>> Report.--Not later than March 31 each
year beginning in 2001, 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 providing the
Secretary's assessment of the current state of military-to-military
exchanges and contacts with the People's Liberation Army. The report
shall include the following:
(1) A summary of all such military-to-military contacts
during the period since the last such report, including a
summary of topics discussed and questions asked by the Chinese
participants in those contacts.
(2) A description of the military-to-military exchanges and
contacts scheduled for the next 12-month period and a plan for
future contacts and exchanges.
(3) The Secretary's assessment of the benefits the Chinese
expect to gain from those military-to-military exchanges and
contacts.
(4) The Secretary's assessment of the benefits the
Department of Defense expects to gain from those military-to-
military exchanges and contacts.
(5) The Secretary's assessment of how military-to-military
exchanges and contacts with the People's Liberation Army fit
into the larger security relationship between the United States
and the People's Republic of China.
(f) Report of Past Military-to-Military Exchanges and Contacts With
the PRC. <<NOTE: Deadline.>> --Not later than March 31, 2000, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on past military-to-military exchanges and
contacts between the United States and the People's Republic of China.
The report shall be unclassified, but may contain a classified annex,
and shall include the following:
[[Page 113 STAT. 781]]
(1) A list of the general and flag grade officers of the
People's Liberation Army who have visited United States military
installations since January 1, 1993.
(2) The itinerary of the visits referred to in paragraph
(2), including the installations visited, the duration of the
visits, and the activities conducted during the visits.
(3) The involvement, if any, of the general and flag
officers referred to in paragraph (1) in the Tiananmen Square
massacre of June 1989.
(4) A list of the facilities in the People's Republic of
China that United States military officers have visited as a
result of any military-to-military exchange or contact program
between the United States and the People's Republic of China
since January 1, 1993.
(5) A list of facilities in the People's Republic of China
that have been the subject of a requested visit by the
Department of Defense that has been denied by People's Republic
of China authorities.
(6) A list of facilities in the United States that have been
the subject of a requested visit by the People's Liberation Army
that has been denied by the United States.
(7) Any official documentation (such as memoranda for the
record, after-action reports, and final itineraries) and all
receipts for expenses over $1,000, concerning military-to-
military exchanges or contacts between the United States and the
People's Republic of China in 1999.
(8) A description of military-to-military exchanges or
contacts between the United States and the People's Republic of
China scheduled for 2000.
(9) An assessment regarding whether or not any People's
Republic of China military officials have been shown classified
material as a result of military-to-military exchanges or
contacts between the United States and the People's Republic of
China.
SEC. 1202. ANNUAL <<NOTE: 10 USC 113 note.>> REPORT ON MILITARY
POWER OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Annual <<NOTE: Deadline.>> Report.--Not later than March 1 each
year, the Secretary of Defense shall submit to the specified
congressional committees a report, in both classified and unclassified
form, on the current and future military strategy of the People's
Republic of China. The report shall address the current and probable
future course of military-technological development on the People's
Liberation Army and the tenets and probable development of Chinese grand
strategy, security strategy, and military strategy, and of military
organizations and operational concepts, through the next 20 years.
(b) Matters To Be Included.--Each report under this section shall
include analyses and forecasts of the following:
(1) The goals of Chinese grand strategy, security strategy,
and military strategy.
(2) Trends in Chinese strategy that would be designed to
establish the People's Republic of China as the leading
political power in the Asia-Pacific region and as a political
and military presence in other regions of the world.
(3) The security situation in the Taiwan Strait.
(4) Chinese strategy regarding Taiwan.
[[Page 113 STAT. 782]]
(5) The size, location, and capabilities of Chinese
strategic, land, sea, and air forces, including detailed
analysis of those forces facing Taiwan.
(6) Developments in Chinese military doctrine, focusing on
(but not limited to) efforts to exploit a transformation in
military affairs or to conduct preemptive strikes.
(7) Efforts, including technology transfers and espionage,
by the People's Republic of China to develop, acquire, or gain
access to information, communication, space and other advanced
technologies that would enhance military capabilities.
(8) An assessment of any challenges during the preceding
year to the deterrent forces of the Republic of China on Taiwan,
consistent with the commitments made by the United States in the
Taiwan Relations Act (Public Law 96-8).
(c) Specified Congressional Committees.--For purposes of this
section, the term ``specified congressional committees'' means the
following:
(1) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(2) The Committee on Armed Services and the Committee on
International Relations of the House of Representatives.
Subtitle B--Matters Relating to the Balkans
SEC. 1211. DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT OF
OPERATION ALLIED FORCE AND ASSOCIATED
RELIEF OPERATIONS.
(a) Report <<NOTE: Deadline.>> Required.--(1) Not later than January
31, 2000, the Secretary of Defense shall submit to the congressional
defense committees a report on the conduct of military operations
conducted as part of Operation Allied Force and relief operations
associated with that operation. The Secretary shall submit to those
committees a preliminary report on the conduct of those operations not
later than October 15, 1999. The report (including the preliminary
report) shall be prepared in consultation with the Chairman of the Joint
Chiefs of Staff and the Commander in Chief, United States European
Command.
(2) In this section, the term ``Operation Allied Force'' means
operations of the North Atlantic Treaty Organization (NATO) conducted
against the Federal Republic of Yugoslavia (Serbia and Montenegro)
during the period beginning on March 24, 1999, and ending with the
suspension of bombing operations on June 10, 1999, to resolve the
conflict with respect to Kosovo.
(b) Discussion of Accomplishments and Shortcomings.--The report (and
the preliminary report, to the extent feasible) shall contain a
discussion, with a particular emphasis on accomplishments and
shortcomings, of the following matters:
(1) The national security interests of the United States
that were threatened by the deteriorating political and military
situation in the Province of Kosovo, Republic of Serbia, in the
country of the Federal Republic of Yugoslavia (Serbia and
Montenegro).
(2) The factors leading to the decision by the United States
and NATO to issue an ultimatum in October 1998 that force would
be used against the Federal Republic of Yugoslavia
[[Page 113 STAT. 783]]
unless certain conditions were met, and the planning of a
military operation to execute that ultimatum.
(3) The political and military objectives of the United
States and NATO in the conflict with the Federal Republic of
Yugoslavia.
(4) The military strategy of the United States and NATO to
achieve those political and military objectives.
(5) An analysis of the decisionmaking process of NATO and
the effect of that decisionmaking process on the conduct of
military operations.
(6) An analysis of the decision not to include a ground
component in Operation Allied Force (to include a detailed
explanation of the political and military factors involved in
that decision) and the effect of that decision on the conduct of
military operations.
(7) The deployment of United States forces and the
transportation of supplies to the theater of operations,
including an assessment of airlift and sealift, with a specific
assessment of the deployment of Task Force Hawk.
(8) The conduct of military operations, including a specific
assessment of each of the following:
(A) The effects of the graduated, incremental pace
of the military operations.
(B) The process for identifying, nominating,
selecting and verifying targets to be attacked during
Operation Allied Force, including an analysis of the
factors leading to the bombing of the Embassy of the
People's Republic of China in Belgrade.
(C) The loss of aircraft and the accuracy of bombing
operations.
(D) The decoy and deception operations and counter-
intelligence techniques used by the Yugoslav military.
(E) The use of high-demand, low-density assets in
Operation Allied Force in terms of inventory,
capabilities, deficiencies, and ability to provide
logistical support.
(F) A comparison of the military capabilities of the
United States and of the allied participants in
Operation Allied Force.
(G) Communications and operational security of NATO
forces.
(H) The effect of adverse weather on the performance
of weapons and supporting systems.
(I) The decision not to use in the air campaign the
Apache attack helicopters deployed as part of Task Force
Hawk.
(9) The conduct of relief operations by United States and
allied military forces and the effect of those relief operations
on military operations.
(10) The ability of the United States during Operation
Allied Force to conduct other operations required by the
national defense strategy, including an analysis of the transfer
of operational assets from other United States unified commands
to the European Command for participation in Operation Allied
Force and the effect of those transfers on the readiness,
warfighting capability, and deterrence posture of those
commands.
[[Page 113 STAT. 784]]
(11) The use of special operations forces, including
operational and intelligence activities classified under special
access procedures.
(12) The effectiveness of intelligence, surveillance, and
reconnaissance support to operational forces, including an
assessment of battle damage assessment of fixed and mobile
targets prosecuted during the air campaign, estimates of
Yugoslav forces and equipment in Kosovo, and information related
to Kosovar refugees and internally displaced persons.
(13) The use and performance of United States and NATO
military equipment, weapon systems, and munitions (including
items classified under special access procedures) and an
analysis of--
(A) any equipment or capabilities that were in
research and development and if available could have
been used in the theater of operations;
(B) any equipment or capabilities that were
available and could have been used but were not
introduced into the theater of operations; and
(C) the compatibility of command, control, and
communications equipment and the ability of United
States aircraft to operate with aircraft of other
nations without degradation of capabilities or
protection of United States forces.
(14) The scope of logistics support, including support from
other nations, with particular emphasis on the availability and
adequacy of foreign air bases.
(15) The role of contractors to provide support and
maintenance in the theater of operations.
(16) The acquisition policy actions taken to support the
forces in the theater of operations.
(17) The personnel management actions taken to support the
forces in the theater of operations.
(18) The effectiveness of reserve component forces,
including their use and performance in the theater of
operations.
(19) A legal analysis, including (A) the legal basis for the
decision by NATO to use force, and (B) the role of the law of
armed conflict in the planning and execution of military
operations by the United States and the other NATO member
nations.
(20) The cost to the Department of Defense of Operation
Allied Force and associated relief operations, together with the
Secretary's plan to refurbish or replace ordnance and other
military equipment expended or destroyed during the operations.
(21) A description of the most critical lessons learned that
could lead to long-term doctrinal, organizational, and
technological changes.
(c) Classification of Report.--The Secretary of Defense shall submit
both the report and the preliminary report in a classified form and an
unclassified form.
SEC. 1212. SENSE OF CONGRESS REGARDING THE NEED FOR VIGOROUS
PROSECUTION OF WAR CRIMES, GENOCIDE, AND
CRIMES AGAINST HUMANITY IN THE FORMER
REPUBLIC OF YUGOSLAVIA.
(a) Findings.--Congress makes the following findings:
[[Page 113 STAT. 785]]
(1) The United Nations Security Council created the
International Criminal Tribunal for the former Yugoslavia (in
this section referred to as the ``ICTY'') by resolution on May
25, 1993.
(2) Although the ICTY has indicted 89 people since its
creation, those indictments have only resulted in the trial and
conviction of 8 criminals.
(3) The ICTY has jurisdiction to investigate grave breaches
of the 1949 Geneva Conventions (Article 2), violations of the
laws or customs of war (Article 3), genocide (Article 4), and
crimes against humanity (Article 5).
(4) The Chief Prosecutor of the ICTY, Justice Louise Arbour,
stated on July 7, 1998, to the Contact Group for the former
Yugoslavia, that ``[t]he Prosecutor believes that the nature and
scale of the fighting indicate that an `armed conflict', within
the meaning of international law, exists in Kosovo. As a
consequence, she intends to bring charges for crimes against
humanity or war crimes, if evidence of such crimes is
established''.
(5) Reports from Kosovar Albanian refugees provide detailed
accounts of systematic efforts to displace the entire Muslim
population of Kosovo.
(6) In furtherance of this plan, Serbian troops, police, and
paramilitary forces have engaged in detention and summary
execution of men of all ages, wanton destruction of civilian
housing, forcible expulsions, mass executions in at least 60
villages and towns, as well as widespread rape of women and
young girls.
(7) These reports of atrocities provide prima facie evidence
of war crimes and crimes against humanity, as well as possible
genocide.
(8) Any criminal investigation is best served by the
depositions and interviews of witnesses as soon after the
commission of the crime as possible.
(9) The indictment, arrest, and trial of war criminals would
provide a significant deterrent to further atrocities.
(10) The ICTY has issued 14 international warrants for war
crimes suspects that have yet to be served, despite knowledge of
the suspects' whereabouts.
(11) Vigorous prosecution of war crimes after the conflict
in Bosnia may have prevented the ongoing atrocities in Kosovo.
(12) Investigative reporters have identified specific
documentary evidence implicating the Serbian leadership in the
commission of war crimes.
(13) NATO forces and forensic teams deployed in Kosovo have
uncovered physical evidence of war crimes, including mass
graves.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States, in coordination with other United
Nations member states, should provide sufficient resources for
an expeditious and thorough investigation of allegations of the
atrocities and war crimes committed in Kosovo;
(2) the United States, through its intelligence services,
should provide all possible cooperation in the gathering of
evidence of sufficient specificity and credibility to secure the
indictment of those responsible for the commission of war
crimes,
[[Page 113 STAT. 786]]
crimes against humanity, and genocide in the former Yugoslavia;
(3) where evidence warrants, indictments for war crimes,
crimes against humanity, and genocide should be issued against
suspects regardless of their position within the Serbian
leadership;
(4) the United States and all nations have an obligation to
honor arrest warrants issued by the ICTY and should use all
appropriate means to apprehend and bring to justice through the
ICTY individuals who are already under indictment;
(5) any final settlement regarding Kosovo should not bar the
indictment, apprehension, or prosecution of persons accused of
war crimes, crimes against humanity, or genocide committed
during operations in Kosovo; and
(6) President Slobodan Milosevic should be held accountable
for his actions while President of the Federal Republic of
Yugoslavia or President of the Republic of Serbia in initiating
four armed conflicts and taking actions leading to the deaths of
tens of thousands of people and responsibility for murder, rape,
terrorism, destruction, and ethnic cleansing.
Subtitle C--Matters Relating to NATO and Other Allies
SEC. 1221. LEGAL EFFECT OF THE NEW STRATEGIC CONCEPT OF NATO.
(a) Certification <<NOTE: President. Deadline.>> Required.--Not
later than 30 days after the date of the enactment of this Act, the
President shall determine and certify to the Congress whether or not the
new Strategic Concept of NATO imposes any new commitment or obligation
on the United States.
(b) Sense of Congress.--It is the sense of Congress that, if the
President certifies under subsection (a) that the new Strategic Concept
of NATO imposes any new commitment or obligation on the United States,
the President should submit the new Strategic Concept of NATO to the
Senate as a treaty for the Senate's advice and consent to ratification
under article II, section 2, clause 2 of the Constitution.
(c) Report.--Together with the certification made under subsection
(a), the President shall submit to the Congress a report containing an
analysis of the potential threats facing the North Atlantic Treaty
Organization in the first decade of the next millennium, with particular
reference to those threats facing a member nation, or several member
nations, where the commitment of NATO forces will be ``out of area'' or
beyond the borders of NATO member nations.
(d) Definition.--For the purposes of this section, the term ``new
Strategic Concept of NATO'' means the document approved by the Heads of
State and Government participating in the meeting of the North Atlantic
Council in Washington, DC, on April 23 and 24, 1999.
SEC. 1222. REPORT ON ALLIED CAPABILITIES TO CONTRIBUTE TO MAJOR
THEATER WARS.
(a) Report.--The Secretary of Defense shall prepare a report, in
both classified and unclassified form, on the current military
[[Page 113 STAT. 787]]
capabilities of allied nations to contribute to the successful conduct
of the major theater wars as anticipated in the Quadrennial Defense
Review of 1997.
(b) Matters To Be Included.--The report shall set forth the
following:
(1) The identity, size, structure, and capabilities of the
armed forces of the allies expected to participate in the major
theater wars anticipated in the Quadrennial Defense Review.
(2) The priority accorded in the national military
strategies and defense programs of the anticipated allies to
contributing forces to United States-led coalitions in such
major theater wars.
(3) The missions currently being conducted by the armed
forces of the anticipated allies and the ability of the allied
armed forces to conduct simultaneously their current missions
and those anticipated in the event of major theater war.
(4) Any Department of Defense assumptions about the ability
of allied armed forces to deploy or redeploy from their current
missions in the event of a major theater war, including any role
United States Armed Forces would play in assisting and
sustaining such a deployment or redeployment.
(5) Any Department of Defense assumptions about the combat
missions to be executed by such allied forces in the event of
major theater war.
(6) The readiness of allied armed forces to execute any such
missions.
(7) Any risks to the successful execution of the military
missions called for under the National Military Strategy of the
United States related to the capabilities of allied armed
forces.
(c) Submission <<NOTE: Deadline.>> of Report.--The report shall be
submitted to Congress not later than June 1, 2000.
SEC. 1223. ATTENDANCE <<NOTE: 10 USC note prec. 2161.>> AT
PROFESSIONAL MILITARY EDUCATION SCHOOLS
BY MILITARY PERSONNEL OF THE NEW MEMBER
NATIONS OF NATO.
(a) Finding.--Congress finds that it is in the national interest of
the United States to fully integrate Poland, Hungary, and the Czech
Republic (the new member nations of the North Atlantic Treaty
Organization) into the NATO alliance as quickly as possible.
(b) Military Education and Training Programs.--The Secretary of each
military department shall give due consideration to according a high
priority to the attendance of military personnel of Poland, Hungary, and
the Czech Republic at professional military education schools and
training programs in the United States, including the United States
Military Academy, the United States Naval Academy, the United States Air
Force Academy, the National Defense University, the war colleges of the
Armed Forces, the command and general staff officer courses of the Armed
Forces, and other schools and training programs of the Armed Forces that
admit personnel of foreign armed forces.
[[Page 113 STAT. 788]]
Subtitle D--Other Matters
SEC. 1231. MULTINATIONAL <<NOTE: 50 USC 1707.>> ECONOMIC EMBARGOES
AGAINST GOV-
ERNMENTS IN ARMED CONFLICT WITH THE
UNITED STATES.
(a) Policy on the Establishment of Embargoes.--It is the policy of
the United States, that upon the use of the Armed Forces of the United
States to engage in hostilities against any foreign country, the
President shall, as appropriate--
(1) seek the establishment of a multinational economic
embargo against such country; and
(2) seek the seizure of its foreign financial assets.
(b) Reports <<NOTE: President. Deadline.>> to Congress.--Not later
than 20 days after the first day of the engagement of the United States
in hostilities described in subsection (a), the President shall, if the
armed conflict has continued for 14 days, submit to Congress a report
setting forth--
(1) the specific steps the United States has taken and will
continue to take to establish a multinational economic embargo
and to initiate financial asset seizure pursuant to subsection
(a); and
(2) any foreign sources of trade or revenue that directly or
indirectly support the ability of the adversarial government to
sustain a military conflict against the United States.
SEC. 1232. LIMITATION <<NOTE: 50 USC 1541 note.>> ON DEPLOYMENT OF
ARMED FORCES IN HAITI DURING FISCAL YEAR
2000 AND CONGRESSIONAL NOTICE OF
DEPLOYMENTS TO HAITI.
(a) Limitation on Deployment.--No funds available to the Department
of Defense during fiscal year 2000 may be expended after May 31, 2000,
for the continuous deployment of United States Armed Forces in Haiti
pursuant to the Department of Defense operation designated as Operation
Uphold Democracy.
(b) Report.--Whenever there is a deployment of United States Armed
Forces to Haiti after May 31, 2000, the President shall, not later than
96 hours after such deployment begins, transmit to Congress a written
report regarding the deployment. In any such report, the President shall
specify (1) the purpose of the deployment, and (2) the date on which the
deployment is expected to end.
SEC. 1233. REPORT <<NOTE: Deadline.>> ON THE SECURITY SITUATION ON
THE KOREAN PENINSULA.
(a) Report.--Not later than April 1, 2000, the Secretary of Defense
shall submit to the appropriate congressional committees a report on the
security situation on the Korean peninsula. The report shall be
submitted in both classified and unclassified form.
(b) Matters To Be Included.--The Secretary shall include in the
report under subsection (a) the following:
(1) A net assessment analysis of the warfighting
capabilities of the Combined Forces Command (CFC) of the United
States and the Republic of Korea compared with the armed forces
of North Korea.
(2) An assessment of challenges posed by the armed forces of
North Korea to the defense of the Republic of Korea and to
United States forces deployed to the region.
[[Page 113 STAT. 789]]
(3) An assessment of the current status and the future
direction of weapons of mass destruction programs and ballistic
missile programs of North Korea, including a determination as to
whether or not North Korea--
(A) is continuing to pursue a nuclear weapons
program;
(B) is seeking equipment and technology with which
to enrich uranium; and
(C) is pursuing an offensive biological weapons
program.
(c) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1234. SENSE OF CONGRESS REGARDING THE CONTINUATION OF
SANCTIONS AGAINST LIBYA.
(a) Findings.--Congress makes the following findings:
(1) <<NOTE: Pan American Flight 103.>> On December 21, 1988,
270 people, including 189 United States citizens, were killed in
a terrorist bombing on Pan American Flight 103 over Lockerbie,
Scotland.
(2) <<NOTE: Abd al-Baset Ali al-Megrahi. Al-Amin Khalifah
Fhimah.>> The United Kingdom and the United States indicted two
Libyan intelligence agents, Abd al-Baset Ali al-Megrahi and Al-
Amin Khalifah Fhimah, in 1991 and sought their extradition from
Libya to the United States or the United Kingdom to stand trial
for this heinous terrorist act.
(3) <<NOTE: Muammar Qadhafi.>> The United Nations Security
Council called for the extradition of those suspects in Security
Council Resolution 731 and imposed sanctions on Libya in
Security Council Resolutions 748 and 883 because Libyan leader
Colonel Muammar Qadhafi refused to transfer the suspects to
either the United States or the United Kingdom to stand trial.
(4) United Nations Security Council Resolutions 731, 748,
and 883 demand that Libya cease all support for terrorism, turn
over the two suspects, cooperate with the investigation and the
trial, and address the issue of appropriate compensation.
(5) The sanctions in United Nations Security Council
Resolutions 748 and 883 include--
(A) a worldwide ban on Libya's national airline;
(B) a ban on flights into and out of Libya by other
nations' airlines; and
(C) a prohibition on supplying arms, airplane parts,
and certain oil equipment to Libya, and a blocking of
Libyan Government funds in other countries.
(6) Colonel Muammar Qadhafi for many years refused to
extradite the suspects to either the United States or the United
Kingdom and had insisted that he would only transfer the
suspects to a third and neutral country to stand trial.
(7) On August 24, 1998, the United States and the United
Kingdom agreed to the proposal that Colonel Qadhafi transfer the
suspects to The Netherlands, where they would stand trial under
a Scottish court, under Scottish law, and with a panel of
Scottish judges.
[[Page 113 STAT. 790]]
(8) The United Nations Security Council endorsed the United
States-United Kingdom proposal on August 27, 1998 in United
Nations Security Council Resolution 1192.
(9) The United States, consistent with United Nations
Security Council resolutions, called on Libya to ensure the
production of evidence, including the presence of witnesses
before the court, and to comply fully with all the requirements
of the United Nations Security Council resolutions.
(10) After years of intensive diplomacy, Colonel Qadhafi
finally transferred the two Libyan suspects to The Netherlands
on April 5, 1999, and the United Nations Security Council, in
turn, suspended its sanctions against Libya that same day.
(11) Libya has only fulfilled one of four conditions (the
transfer of the two suspects accused in the Lockerbie bombing)
set forth in United Nations Security Council Resolutions 731,
748, and 883 that would justify the lifting of United Nations
Security Council sanctions against Libya.
(12) Libya has not fulfilled the other three conditions
(cooperation with the Lockerbie investigation and trial,
renunciation of and ending support for terrorism, and payment of
appropriate compensation) necessary to lift the United Nations
Security Council sanctions.
(13) The United Nations Secretary General issued a report to
the Security Council on June 30, 1999, on the issue of Libya's
compliance with the remaining conditions.
(14) Any member of the United Nations Security Council has
the right to introduce a resolution to lift the sanctions
against Libya now that the United Nations Secretary General's
report has been issued.
(15) The United States Government considers Libya a state
sponsor of terrorism and the State Department Report, ``Patterns
of Global Terrorism; 1998'', stated that Colonel Qadhafi
``continued publicly and privately to support Palestinian
terrorist groups, including the PIJ and the PFLP-GC''.
(16) United States Government sanctions (other than
sanctions on food or medicine) should be maintained on Libya,
and in accordance with United States law, the Secretary of State
should keep Libya on the list of countries the governments of
which have repeatedly provided support for acts of international
terrorism under section 6(j) of the Export Administration Act of
1979 in light of Libya's ongoing support for terrorist groups.
(b) Sense of Congress.--It is the sense of Congress that the
President should use all diplomatic means necessary, including the use
of the United States veto at the United Nations Security Council, to
prevent the Security Council from lifting sanctions against Libya until
Libya fulfills all of the conditions set forth in United Nations
Security Council Resolutions 731, 748, and 883.
SEC. 1235. SENSE OF CONGRESS AND REPORT ON DISENGAGING FROM
NONCRITICAL OVERSEAS MISSIONS INVOLVING
UNITED STATES COMBAT FORCES.
(a) Findings.--Congress makes the following findings:
(1) It is the National Security Strategy of the United
States to ``deter and defeat large-scale, cross-border
aggression in two distant theaters in overlapping time frames''.
[[Page 113 STAT. 791]]
(2) The deterrence of Iraq and Iran in Southwest Asia and
the deterrence of North Korea in Northeast Asia represent two
such potential large-scale, cross-border theater requirements.
(3) The United States has 120,000 military personnel
permanently assigned to the Southwest Asia and Northeast Asia
theaters.
(4) The United States has an additional 70,000 military
personnel assigned to non-NATO/non-Pacific threat foreign
countries.
(5) The United States has more than 6,000 military personnel
in Bosnia-Herzegovina on indefinite assignment.
(6) The United States has diverted permanently assigned
resources from other theaters to support operations in the
Balkans.
(7) The United States provides military forces to seven
active United Nations peacekeeping operations, including some
missions that have continued for decades.
(8) Between 1986 and 1998, the number of United States
military deployments per year has nearly tripled at the same
time the Department of Defense budget has been reduced in real
terms by 38 percent.
(9) The Army has 10 active-duty divisions today, down from
18 in 1991, while on an average day in fiscal year 1998, 28,000
United States Army soldiers were deployed to more than 70
countries for over 300 separate missions.
(10) The number of fighter wings in the active component of
the Air Force has gone from 22 to 13 since 1991, while 70
percent of air sorties in Operation Allied Force over the
Balkans were United States-flown and the Air Force continues to
enforce northern and southern no-fly zones in Iraq. In response,
the Air Force has initiated a ``stop loss'' program to block
normal retirements and separations.
(11) The Navy has been reduced in size to 339 ships, its
lowest level since 1938, necessitating the redeployment of the
only overseas homeported aircraft carrier from the western
Pacific to the Mediterranean to support Operation Allied Force.
(12) In 1998, just 10 percent of eligible carrier naval
aviators (27 out of 261) accepted continuation bonuses and
remained in the service.
(13) In 1998, 48 percent of Air Force pilots eligible for
continuation chose to leave the service.
(14) The Army could fall 6,000 below congressionally
authorized strength levels by the end of 1999.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the readiness of United States military forces to
execute the National Security Strategy of the United States
referred to in subsection (a)(1) is being eroded by a
combination of declining defense budgets and expanded missions;
and
(2) there may be missions to which the United States is
contributing Armed Forces from which the United States can begin
disengaging.
(c) Report <<NOTE: President. Deadline.>> Requirement.--Not later
than March 1, 2000, the President shall submit to the Committee on Armed
Services and the Committee on Appropriations of the Senate and the
Committee on Armed Services and the Committee on Appropriations of the
House of Representatives a report prioritizing the ongoing global
[[Page 113 STAT. 792]]
missions to which the United States is contributing forces. The
President shall include in the report a feasibility analysis of how the
United States can--
(1) shift resources from low priority missions in support of
higher priority missions;
(2) consolidate or reduce United States troop commitments
worldwide; and
(3) end low priority missions.
TITLE XIII--COOPERATIVE THREAT RE-
DUCTION WITH STATES OF THE FOR-
MER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1307. Limitation on use of funds until submission of multiyear
plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United
States assistance under Cooperative Threat
Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification <<NOTE: 22 USC 5952 note.>> 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 <<NOTE: 22 USC 5952 note.>> 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 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $475,500,000 authorized
to be appropriated to the Department of Defense for fiscal year 2000 in
section 301(23) for Cooperative Threat Reduction programs, not more than
the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$177,300,000.
(2) For strategic nuclear arms elimination in Ukraine,
$41,800,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For security enhancements at chemical weapons storage
sites in Russia, $20,000,000.
[[Page 113 STAT. 793]]
(5) For weapons transportation security in Russia,
$15,200,000.
(6) For planning, design, and construction of a storage
facility for Russian fissile material, $64,500,000.
(7) For weapons storage security in Russia, $99,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $32,300,000.
(9) For biological weapons proliferation prevention
activities in Russia, $12,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $1,800,000.
(11) For defense and military contacts, $2,300,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2000 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (11) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2000 Cooperative 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 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the amount specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount authorized
for such purpose may be made using the authority provided in paragraph
(1) only after--
(A) <<NOTE: Notification.>> 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 (4)
through (6), (8), (10), or (11) of subsection (a) in excess of 115
percent of the amount specifically authorized for such purposes.
SEC. 1303. PROHIBITION <<NOTE: 22 USC 5952 note.>> 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.
[[Page 113 STAT. 794]]
(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 the authorization of
appropriations in section 301 of this Act, and no funds appropriated to
the Department of Defense in any other Act enacted after the date of the
enactment of this Act, may be 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 may be obligated or expended for
elimination of conventional weapons or the delivery vehicles primarily
intended to deliver such weapons.
SEC. 1304. LIMITATIONS <<NOTE: 22 USC 5952 note.>> 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(a)(6); or
(2) for design or planning with respect to such facility
until 15 days after the date that the Secretary of Defense
submits to Congress notification that Russia and the United
States have signed a verifiable written transparency agreement
that ensures that material stored at the facility is of weapons
origin.
(b) Limitation on Construction.--No funds authorized to be
appropriated for Cooperative Threat Reduction programs may be used for
construction of the storage facility referred to in 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.
(3) A certification that Russia and the United States have
signed a verifiable written transparency agreement that ensures
that material stored at the facility is of weapons origin.
SEC. 1305. LIMITATION <<NOTE: 22 USC 5952 note.>> 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 UNTIL SUBMISSION OF REPORT.
Not more than 50 percent of the fiscal year 2000 Cooperative Threat
Reduction funds may be obligated or expended until the Secretary of
Defense submits to Congress a report describing--
(1) with respect to each purpose listed in section 1302,
whether the Department of Defense is the appropriate executive
[[Page 113 STAT. 795]]
agency to carry out Cooperative Threat Reduction programs for
such purpose, and if so, why; and
(2) for any purpose that the Secretary determines is not
appropriately carried out by the Department of Defense, a plan
for migrating responsibility for carrying out such purpose to
the appropriate agency.
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
MULTIYEAR PLAN.
Not more than ten percent of fiscal year 2000 Cooperative Threat
Reduction funds may be obligated or expended until the Secretary of
Defense submits to Congress an updated version of the multiyear plan for
fiscal year 2000 required to be submitted under section 1205 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 22 U.S.C. 5952 note).
SEC. 1308. REQUIREMENT TO SUBMIT REPORT.
Not <<NOTE: Deadline.>> 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;
(3) an identification of any limitations that the United
States has imposed or will seek to impose, either unilaterally
or through negotiations with recipient States, on the level of
assistance provided by the United States for each of such
projects; and
(4) an identification of the amount of international
financial assistance provided for Cooperative Threat Reduction
programs by other States.
SEC. 1309. REPORT <<NOTE: President. Deadline.>> ON EXPANDED
THREAT REDUCTION INITIATIVE.
Not later than March 31, 2000, the President shall submit to
Congress a report on the Expanded Threat Reduction Initiative. Such
report shall include a description of the plans for ensuring effective
coordination between executive agencies in carrying out the Expanded
Threat Reduction Initiative to minimize duplication of efforts.
SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
CERTIFICATION.
No funds appropriated for fiscal year 1999 for Cooperative Threat
Reduction programs and remaining available for obligation or expenditure
may be obligated or expended for assistance for any country under a
Cooperative Threat Reduction Program until the President resubmits to
Congress an updated certification under section 1203(d) of the
Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-
160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C.
5902(d)), and section 502 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 22 U.S.C. 5852).
[[Page 113 STAT. 796]]
SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR
UNITED STATES ASSISTANCE UNDER
COOPERATIVE THREAT REDUCTION PROGRAMS.
Section 1206(a)(2) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22 U.S.C. 5955
note) is amended to read as follows:
``(2) <<NOTE: Deadline.>> The report shall be submitted under this
section not later than January 31 of each year and shall cover the
fiscal year ending in the preceding calendar year. No report is required
under this section after the completion of the Cooperative Threat
Reduction programs.''.
SEC. 1312. RUSSIAN <<NOTE: 22 USC 5955 note.>> NONSTRATEGIC NUCLEAR
ARMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the interest of Russia to fully implement the
Presidential Nuclear Initiatives announced in 1991 and 1992 by
then-President of the Soviet Union Gorbachev and then-President
of Russia Yeltsin;
(2) the President of the United States should call on Russia
to match the unilateral reductions in the United States
inventory of tactical nuclear weapons, which have reduced the
inventory by nearly 90 percent; and
(3) if the re-certification under section 1310 is made, the
President should emphasize the continued interest of the United
States in working cooperatively with Russia to reduce the
dangers associated with Russia's tactical nuclear arsenal.
(b) Annual Reporting Requirement.--(1) Each annual report on
accounting for United States assistance under Cooperative Threat
Reduction programs that is submitted to Congress under section 1206 of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 471; 22 U.S.C. 5955 note) after fiscal year 1999
shall include, regarding Russia's arsenal of tactical nuclear warheads,
the following:
(A) Estimates regarding current types, numbers, yields,
viability, locations, and deployment status of the warheads.
(B) An assessment of the strategic relevance of the
warheads.
(C) An assessment of the current and projected threat of
theft, sale, or unauthorized use of the warheads.
(D) A summary of past, current, and planned United States
efforts to work cooperatively with Russia to account for,
secure, and reduce Russia's stockpile of tactical nuclear
warheads and associated fissile material.
(2) The Secretary of Defense shall include in the annual report
described in paragraph (1) the views on the report provided under
subsection (c).
(c) Views of the Director of Central Intelligence.--The Director of
Central Intelligence shall submit to the Secretary of Defense, for
inclusion as an appendix in the annual report described in subsection
(b), the Director's views on the matters described in paragraph (1) of
that subsection regarding Russia's tactical nuclear weapons.
[[Page 113 STAT. 797]]
TITLE XIV--PROLIFERATION AND EXPORT CONTROLS
Sec. 1401. Adherence of People's Republic of China to Missile Technology
Control Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology
to countries and entities of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted to People's Republic of
China and of foreign launch security violations.
Sec. 1406. Report on national security implications of exporting high-
performance computers to the People's Republic of
China.
Sec. 1407. End-use verification for use by People's Republic of China of
high-performance computers.
Sec. 1408. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department
of State.
Sec. 1411. Enhanced intelligence consultation on satellite license
applications.
Sec. 1412. Investigations of violations of export controls by United
States satellite manufacturers.
SEC. 1401. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE
TECHNOLOGY CONTROL REGIME.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should take all actions appropriate to
obtain a bilateral agreement with the People's Republic of China
to adhere to the Missile Technology Control Regime (MTCR) and
the MTCR Annex; and
(2) the People's Republic of China should not be permitted
to join the Missile Technology Control Regime as a member
without having--
(A) agreed to the Missile Technology Control Regime
and the specific provisions of the MTCR Annex;
(B) demonstrated a sustained and verified record of
performance with respect to the nonproliferation of
missiles and missile technology; and
(C) adopted an effective export control system for
implementing guidelines under the Missile Technology
Control Regime and the MTCR Annex.
(b) Report <<NOTE: President. Deadline.>> Required.--Not later than
January 31, 2000, the President shall transmit to Congress a report
explaining--
(1) the policy and commitments that the People's Republic of
China has stated on its adherence to the Missile Technology
Control Regime and the MTCR Annex;
(2) the degree to which the People's Republic of China is
complying with its stated policy and commitments on adhering to
the Missile Technology Control Regime and the MTCR Annex; and
(3) actions taken by the United States to encourage the
People's Republic of China to adhere to the Missile Technology
Control Regime and the MTCR Annex.
(c) Definitions.--In this section:
(1) Missile technology control regime.--The term ``Missile
Technology Control Regime'' means the policy statement, between
the United States, the United Kingdom, the Federal Republic of
Germany, France, Italy, Canada, and Japan, announced April 16,
1987, to restrict sensitive missile-relevant transfers based on
the MTCR Annex, and any amendments thereto.
[[Page 113 STAT. 798]]
(2) MTCR annex.--The term ``MTCR Annex'' means the
Guidelines and Equipment and Technology Annex of the Missile
Technology Control Regime, and any amendments thereto.
SEC. 1402. ANNUAL <<NOTE: 22 USC 2778 note.>> REPORT ON TRANSFERS
OF MILITARILY SENSITIVE TECHNOLOGY TO
COUNTRIES AND ENTITIES OF CONCERN.
(a) Annual <<NOTE: President. Deadline.>> Report.--Not later than
March 30 of each year beginning in the year 2000 and ending in the year
2007, the President shall transmit to Congress a report on transfers to
countries and entities of concern during the preceding calendar year of
the most significant categories of United States technologies and
technical information with potential military applications.
(b) Contents of Report.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) An assessment by the Director of Central Intelligence of
efforts by countries and entities of concern to acquire
technologies and technical information referred to in subsection
(a) during the preceding calendar year.
(2) An assessment by the Secretary of Defense, in
consultation with the Joint Chiefs of Staff and the Director of
Central Intelligence, of the cumulative impact of licenses
granted by the United States for exports of technologies and
technical information referred to in subsection (a) to countries
and entities of concern during the preceding 5-calendar year
period on--
(A) the military capabilities of such countries and
entities; and
(B) countermeasures that may be necessary to
overcome the use of such technologies and technical
information.
(3) An audit by the Inspectors General of the Departments of
Defense, State, Commerce, and Energy, in consultation with the
Director of Central Intelligence and the Director of the Federal
Bureau of Investigation, of the policies and procedures of the
United States Government with respect to the export of
technologies and technical information referred to in subsection
(a) to countries and entities of concern.
(c) Additional Requirement for First Report.--The first annual
report required by subsection (a) shall include an assessment by the
Inspectors General of the Departments of State, Defense, Commerce, and
the Treasury and the Inspector General of the Central Intelligence
Agency of the adequacy of current export controls and
counterintelligence measures to protect against the acquisition by
countries and entities of concern of United States technology and
technical information referred to in subsection (a).
(d) Support of Other Agencies.--Upon the request of the officials
responsible for preparing the assessments required by subsection (b),
the heads of other departments and agencies shall make available to
those officials all information necessary to carry out the requirements
of this section.
(e) Classified and Unclassified Reports.--Each report required by
this section shall be submitted in classified form and unclassified
form.
(f) Definition.--As used in this section, the term ``countries and
entities of concern'' means--
[[Page 113 STAT. 799]]
(1) any country the government of which the Secretary of
State has determined, for purposes of section 6(j) of the Export
Administration Act of 1979 or other applicable law, to have
repeatedly provided support for acts of international terrorism;
(2) any country that--
(A) has detonated a nuclear explosive device (as
defined in section 830(4) of the Nuclear Proliferation
Prevention Act of 1994 (22 U.S.C. 3201 note)); and
(B) is not a member of the North Atlantic Treaty
Organization; and
(3) any entity that--
(A) is engaged in international terrorism or
activities in preparation thereof; or
(B) is directed or controlled by the government of a
country described in paragraph (1) or (2).
SEC. 1403. RESOURCES <<NOTE: 22 USC 2778 note.>> FOR EXPORT
LICENSE FUNCTIONS.
(a) Office of Defense Trade Controls.--
(1) In general.--The Secretary of State shall take the
necessary steps to ensure that, in any fiscal year, adequate
resources are allocated to the functions of the Office of
Defense Trade Controls of the Department of State relating to
the review and processing of export license applications so as
to ensure that those functions are performed in a thorough and
timely manner.
(2) Availability of existing appropriations.--The Secretary
of State shall take the necessary steps to ensure that those
funds made available under the heading ``Administration of
Foreign Affairs, Diplomatic and Consular Programs'' in title IV
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999, as
contained in the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277) are made
available, upon the enactment of this Act, to the Office of
Defense Trade Controls of the Department of State to carry out
the purposes of the Office.
(b) Defense Threat Reduction Agency.--The Secretary of Defense shall
take the necessary steps to ensure that, in any fiscal year, adequate
resources are allocated to the functions of the Defense Threat Reduction
Agency of the Department of Defense relating to the review of export
license applications so as to ensure that those functions are performed
in a thorough and timely manner.
(c) Updating <<NOTE: Deadline.>> of State Department Report.--Not
later than March 1, 2000, the Secretary of State, in consultation with
the Secretary of Defense and the Secretary of Commerce, shall transmit
to Congress a report updating the information reported to Congress under
section 1513(d)(3) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (22 U.S.C. 2778 note).
SEC. 1404. SECURITY <<NOTE: 22 USC 2778 note.>> IN CONNECTION WITH
SATELLITE EXPORT LICENSING.
As a condition of the export license for any satellite to be
launched in a country subject to section 1514 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778
note), the Secretary of State shall require the following:
[[Page 113 STAT. 800]]
(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 (22 U.S.C. 2778 note) be
prepared by the Department of Defense and the licensee, and that
the plan set forth enhanced security arrangements for the launch
of the satellite, both before and during launch operations.
(2) That each person providing security for the launch of
that satellite--
(A) report directly to the launch monitor with
regard to issues relevant to the technology transfer
control plan;
(B) have received appropriate training in the
International Trafficking in Arms Regulations (hereafter
in this title 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.
SEC. 1405. REPORTING <<NOTE: 22 USC 2778 note.>> OF TECHNOLOGY
TRANSMITTED 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 with regard to each space launch that the monitors are
responsible for monitoring, including copies of any documents authorized
for such transmission, and reports on launch-related activities.
(b) Transmission to Other Agencies.--The Secretary of Defense shall
ensure that records under subsection (a) are 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.
[[Page 113 STAT. 801]]
SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING
HIGH-PERFORMANCE COMPUTERS TO THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Review.--The <<NOTE: President.>> President, in consultation
with the Secretary of Defense and the Secretary of Energy, shall conduct
a comprehensive review of the national security implications of
exporting high-performance computers to the People's Republic of China.
To the extent that such testing has not already been conducted by the
Government, the President, as part of the review, shall conduct
empirical testing of the extent to which national security-related
operations can be performed using clustered, massively-parallel
processing or other combinations of computers.
(b) Report.--The <<NOTE: President.>> President shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the results of the
review conducted under subsection (a). <<NOTE: Deadline.>> The report
shall be submitted not later than 6 months after the date of the
enactment of this Act in classified and unclassified form and shall be
updated not later than February 1 of each of the years 2001 through
2004.
SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF
CHINA OF HIGH-PERFORMANCE COMPUTERS.
(a) Revised <<NOTE: President.>> 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. The
President shall transmit a copy of any such agreement to Congress.
(b) Definition.--As used in this section and section 1406, the term
``high-performance computer'' means a computer which, by virtue of its
composite theoretical performance level, would be subject to section
1211 of the National Defense Authorization Act for Fiscal Year 1998 (50
U.S.C. App. 2404 note).
(c) Adjustment of Composite Theoretical Performance Levels for Post-
shipment Verification.--Section 1213 of the National Defense
Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is
amended by adding at the end the following new subsection:
``(e) Adjustment of Performance Levels.--Whenever a new composite
theoretical performance level is established under section 1211(d), that
level shall apply for purposes of subsection (a) of this section in lieu
of the level set forth in subsection (a).''.
SEC. 1408. ENHANCED <<NOTE: 22 USC 2778 note.>> MULTILATERAL
EXPORT CONTROLS.
(a) New <<NOTE: President.>> International Controls.--The President
shall seek to establish new enhanced international controls on
technology transfers that threaten international peace and United States
national security.
(b) Improved <<NOTE: President.>> Sharing of Information.--The
President shall take appropriate actions to improve the sharing of
information by nations that are major exporters of technology so that
the United States can track movements of technology covered by the
Wassenaar
[[Page 113 STAT. 802]]
Arrangement and enforce technology controls and re-export requirements
for such technology.
(c) Definition.--As used in this section, the term ``Wassenaar
Arrangement'' means the multilateral export control regime covering
conventional armaments and sensitive dual-use goods and technologies
that was agreed to by 33 co-founding countries in July 1996 and began
operation in September 1996.
SEC. 1409. ENHANCEMENT <<NOTE: 22 USC 2778 note.>> OF ACTIVITIES
OF DEFENSE THREAT REDUCTION AGENCY.
(a) In <<NOTE: Regulations. Deadline.>> General.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations to--
(1) authorize the personnel of the Defense Threat Reduction
Agency (DTRA) who monitor satellite launch campaigns overseas to
suspend such campaigns at any time if the suspension is required
for purposes of the national security of the United States;
(2) ensure that persons assigned as space launch campaign
monitors are provided sufficient training and have adequate
experience in the regulations prescribed by the Secretary of
State known as the ITAR and have significant experience and
expertise with satellite technology, launch vehicle technology,
and launch operations technology;
(3) ensure that adequate numbers of such monitors are
assigned to space launch campaigns so that 24-hour, 7-day per
week coverage is provided;
(4) take steps to ensure, to the maximum extent possible,
the continuity of service by monitors for the entire space
launch campaign period (from satellite marketing to launch and,
if necessary, completion of a launch failure analysis);
(5) adopt measures designed to make service as a space
launch campaign monitor an attractive career opportunity;
(6) allocate funds and other resources to the Agency at
levels sufficient to prevent any shortfalls in the number of
such personnel;
(7) establish mechanisms in accordance with the provisions
of section 1514(a)(2)(A) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2175; 22 U.S.C. 2778 note) that provide for--
(A) the payment to the Department of Defense by the
person or entity receiving the launch monitoring
services concerned, before the beginning of a fiscal
year, of an amount equal to the amount estimated to be
required by the Department to monitor the launch
campaigns during that fiscal year;
(B) the reimbursement of the Department of Defense,
at the end of each fiscal year, for amounts expended by
the Department in monitoring the launch campaigns in
excess of the amount provided under subparagraph (A);
and
(C) the reimbursement of the person or entity
receiving the launch monitoring services if the amount
provided under subparagraph (A) exceeds the amount
actually expended by the Department of Defense in
monitoring the launch campaigns;
[[Page 113 STAT. 803]]
(8) review and improve guidelines on the scope of
permissible discussions with foreign persons regarding
technology and technical information, including the technology
and technical information that should not be included in such
discussions;
(9) provide, in conjunction with other Federal agencies, on
at least an annual basis, briefings to the officers and
employees of United States commercial satellite entities on
United States export license standards, guidelines, and
restrictions, and encourage such officers and employees to
participate in such briefings;
(10) establish a system for--
(A) the preparation and filing by personnel of the
Agency who monitor satellite launch campaigns overseas
of detailed reports of all relevant activities observed
by such personnel in the course of monitoring such
campaigns;
(B) the systematic archiving of reports filed under
subparagraph (A); and
(C) the preservation of such reports in accordance
with applicable laws; and
(11) establish a counterintelligence program within the
Agency as part of its satellite launch monitoring program.
(b) Annual Report on Implementation of Satellite Technology
Safeguards.--(1) The Secretary of Defense and the Secretary of State
shall each submit to Congress each year, as part of the annual report
for that year under section 1514(a)(8) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999, the following:
(A) A summary of the satellite launch campaigns and related
activities monitored by the Defense Threat Reduction Agency
during the preceding fiscal year.
(B) A description of any license infractions or violations
that may have occurred during such campaigns and activities.
(C) A description of the personnel, funds, and other
resources dedicated to the satellite launch monitoring program
of the Agency during that fiscal year.
(D) An assessment of the record of United States satellite
makers in cooperating with Agency monitors, and in complying
with United States export control laws, during that fiscal year.
(2) Each report under paragraph (1) shall be submitted in classified
form and unclassified form.
SEC. 1410. TIMELY <<NOTE: 22 USC 2778 note.>> NOTIFICATION OF
LICENSING DECISIONS BY THE DEPARTMENT OF
STATE.
Not <<NOTE: Deadline.>> later than 180 days after the date of the
enactment of this Act, the Secretary of State shall prescribe
regulations to provide timely notice to the manufacturer of a commercial
satellite of United States origin of the final determination of the
decision on the application for a license involving the overseas launch
of such satellite.
SEC. 1411. ENHANCED <<NOTE: 22 USC 2778 note.>> INTELLIGENCE
CONSULTATION ON SATELLITE LICENSE
APPLICATIONS.
(a) Consultation During Review of Applications.--The Secretary of
State and Secretary of Defense, as appropriate, shall consult with the
Director of Central Intelligence during the review of any application
for a license involving the overseas launch of a commercial satellite of
United States origin. The purpose of the consultation is to assure that
the launch of the satellite, if the
[[Page 113 STAT. 804]]
license is approved, will meet the requirements necessary to protect the
national security interests of the United States.
(b) Advisory Group.--(1) The Director of Central Intelligence shall
establish within the intelligence community an advisory group to provide
information and analysis to Congress, and to appropriate departments and
agencies of the Federal Government, on the national security
implications of granting licenses involving the overseas launch of
commercial satellites of United States origin.
(2) The advisory group shall include technically-qualified
representatives of the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, the National Air
Intelligence Center, and the Department of State Bureau of Intelligence
and Research and representatives of other elements of the intelligence
community with appropriate expertise.
(3) In addition to the duties under paragraph (1), the advisory
group shall--
(A) review, on a continuing basis, information relating to
transfers of satellite, launch vehicle, or other technology or
knowledge with respect to the course of the overseas launch of
commercial satellites of United States origin; and
(B) analyze the potential impact of such transfers on the
space and military systems, programs, or activities of foreign
countries.
(4) The Director of the Nonproliferation Center of the Central
Intelligence Agency shall serve as chairman of the advisory group.
(5)(A) <<NOTE: Reports.>> The advisory group shall, upon request
(but not less often than annually), submit reports on the matters
referred to in paragraphs (1) and (3) to the appropriate committees of
Congress and to appropriate departments and agencies of the Federal
Government.
(B) The first annual report under subparagraph (A) shall be
submitted not later than one year after the date of the enactment of
this Act.
(c) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 1412. INVESTIGATIONS <<NOTE: 22 USC 2778 note.>> OF
VIOLATIONS OF EXPORT CONTROLS BY UNITED
STATES SATELLITE MANUFACTURERS.
(a) Notice <<NOTE: President.>> to Congress of Investigations.--The
President shall promptly notify the appropriate committees of Congress
whenever an investigation is undertaken by the Department of Justice
of--
(1) an alleged violation of United States export control
laws in connection with a commercial satellite of United States
origin; or
(2) an alleged violation of United States export control
laws in connection with an item controlled under section 38 of
the Arms Export Control Act (22 U.S.C. 2778) that is likely to
cause significant harm or damage to the national security
interests of the United States.
(b) Notice <<NOTE: President.>> to Congress of Certain Export
Waivers.--The President shall promptly notify the appropriate committees
of Congress whenever an export waiver pursuant to section 902 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22
U.S.C. 2151 note) is granted on behalf of any United States
[[Page 113 STAT. 805]]
person that is the subject of an investigation described in subsection
(a). The notice shall include a justification for the waiver.
(c) Exception.--The requirements in subsections (a) and (b) shall
not apply if the President determines that notification of the
appropriate committees of Congress under such subsections would
jeopardize an on-going criminal investigation. If the President makes
such a determination, the President shall provide written notification
of such determination to the Speaker of the House of Representatives,
the majority leader of the Senate, the minority leader of the House of
Representatives, and the minority leader of the Senate. The notification
shall include a justification for the determination.
(d) Identification of Persons Subject to Investigation.--The
Secretary of State and the Attorney General shall develop appropriate
mechanisms to identify, for the purposes of processing export licenses
for commercial satellites, persons who are the subject of an
investigation described in subsection (a).
(e) Protection of Classified and Other Sensitive Information.--The
appropriate committees of Congress shall ensure that appropriate
procedures are in place to protect from unauthorized disclosure
classified information, information relating to intelligence sources and
methods, and sensitive law enforcement information that is furnished to
those committees pursuant to this section.
(f) Statutory Construction.--Nothing in this section shall be
construed to modify or supersede any other requirement to report
information on intelligence activities to Congress, including the
requirement under section 501 of the National Security Act of 1947 (50
U.S.C. 413).
(g) Definitions.--As used in this section:
(1) The term ``appropriate committees of Congress'' means
the following:
(A) The Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
(B) The Committee on Armed Services, the Committee
on International Relations, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) The term ``United States person'' means any United
States resident or national (other than an individual resident
outside the United States and employed by other than a United
States person), any domestic concern (including any permanent
domestic establishment of any foreign concern), and any foreign
subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in
fact by such domestic concern, as determined under regulations
of the President.
TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS
Sec. 1501. Revision to limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1502. Sense of Congress on strategic arms reductions.
Sec. 1503. Report on strategic stability under START III.
Sec. 1504. Counterproliferation Program Review Committee.
Sec. 1505. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
[[Page 113 STAT. 806]]
SEC. 1501. 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; 111 Stat. 1948) are amended to read as follows:
``(a) Funding Limitation.--(1) Except as provided in paragraph (2),
funds available to the Department of Defense may not be obligated or
expended for retiring or dismantling, or for preparing to retire or
dismantle, any of the following strategic nuclear delivery systems below
the specified levels:
``(A) 76 B-52H bomber aircraft.
``(B) 18 Trident ballistic missile submarines.
``(C) 500 Minuteman III intercontinental ballistic missiles.
``(D) 50 Peacekeeper intercontinental ballistic missiles.
``(2) The limitation in paragraph (1)(B) shall be modified in
accordance with paragraph (3) upon a certification by the President to
Congress of the following:
``(A) That the effectiveness of the United States strategic
deterrent will not be decreased by reductions in strategic
nuclear delivery systems.
``(B) That the requirements of the Single Integrated
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.
``(D) That the United States will retain the ability to
increase the delivery capacity of its strategic nuclear delivery
systems should threats arise that require more substantial
United States strategic forces.
``(3) If the President submits the certification described in
paragraph (2), then the applicable number in effect under paragraph
(1)(B)--
``(A) shall be 16 during the period beginning on the date on
which such certification is transmitted to Congress and ending
on the date specified in subparagraph (B); and
``(B) shall be 14 effective as of the date that is 240 days
after the date on which such certification is transmitted.
``(b) Waiver Authority.--If the START II treaty enters into force,
the President may waive the application of the limitation in effect
under paragraph (1)(B) or (3) of subsection (a), as the case may be, to
the extent that the President determines such a waiver to be necessary
in order to implement the treaty.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (c)(2), by striking ``during the strategic
delivery systems retirement limitation period'' and inserting
``during the fiscal year during which the START II Treaty enters
into force''; and
(2) by striking subsection (g).
SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS.
It is the sense of Congress that, in negotiating a START III Treaty
with the Russian Federation, or any other arms control
[[Page 113 STAT. 807]]
treaty with the Russian Federation that would require reductions in
United States strategic nuclear forces, that--
(1) the strategic nuclear forces and nuclear modernization
programs of the People's Republic of China and every other
nation possessing nuclear weapons should be taken into full
consideration in the negotiation of such treaty; and
(2) the reductions in United States strategic nuclear forces
under such a treaty should not be to such an extent as to impede
the capability of the United States to respond militarily to any
militarily significant increase in the threat to United States
security or strategic stability posed by the People's Republic
of China and any other nation.
SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III.
(a) Report.--Not <<NOTE: President.>> 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 Services of the House of
Representatives a report, to be prepared in consultation with the
Director of Central Intelligence, on the stability of the future
strategic nuclear posture of the United States for deterring the Russian
Federation and other potential nuclear adversaries.
(b) Matters To Be Included.--The Secretary shall, at a minimum,
include in the report the following:
(1) A discussion of the policy defining the deterrence and
military-political objectives of the United States against
potential nuclear adversaries.
(2) A discussion of the military requirements for United
States nuclear forces, the force structure and capabilities
necessary to meet those requirements, and how they relate to the
achievement of the objectives identified under paragraph (1).
(3) A projection of the strategic nuclear force posture of
the United States and the Russian Federation that is anticipated
under a further Strategic Arms Reduction Treaty (referred to as
``START III''), and an explanation of whether and how United
States nuclear forces envisioned under that posture would be
capable of meeting the military sufficiency requirements
identified under paragraph (2).
(4) The Secretary's assessment of Russia's nuclear force
posture under START III compared to its present force, including
its size, vulnerability, and capability for launch on tactical
warning, and an assessment of whether strategic stability would
be enhanced or diminished under START III, including any
stabilizing and destabilizing factors and possible incentives or
disincentives for Russia to launch a first strike, or otherwise
use nuclear weapons, against the United States in a possible
future crisis.
(5) The Secretary's assessment of the nuclear weapon
capabilities of China and other potential nuclear weapon
``rogue'' states in the foreseeable future, and an assessment of
the effect of these capabilities on strategic stability,
including their ability and inclination to use nuclear weapons
against the United States in a possible future crisis.
(6) The Secretary's assessment of whether asymmetries
between the United States and Russia, including doctrine,
nonstrategic nuclear weapons, and active and passive defenses,
are likely to erode strategic stability in the foreseeable
future.
[[Page 113 STAT. 808]]
(7) Any other matters the Secretary believes are important
to such a consideration of strategic stability under future
nuclear postures.
(c) Classification.--The report shall be submitted in classified
form and, to the extent possible, in unclassified form.
SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Extension of Committee.--Subsection (f) of section 1605 of the
National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751
note) is amended by striking ``September 30, 2000'' and inserting
``September 30, 2004''.
(b) Executive Secretary of the Committee.--Paragraph (5) of
subsection (a) of that section is amended to read as follows:
``(5) The Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs shall serve as executive
secretary to the committee, except that during any period during which
that position is vacant the Assistant Secretary of Defense for Strategy
and Threat Reduction shall serve as the executive secretary.''.
(c) Earlier Deadline for Annual Report on Counter-
proliferation Activities and Programs.--Section 1503(a) of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is
amended by striking ``May 1 of each year'' and inserting ``February 1 of
each year''.
SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT
AND MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2000.--The
total amount of the assistance for fiscal year 2000 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f) of
section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) is amended by striking ``1999'' and inserting ``2000''.
(c) References to United Nations Special Commission on Iraq and to
Fiscal Limitations.--(1) Subsection (b)(2) of such section is amended by
inserting ``(or any successor organization)'' after ``United Nations
Special Commission on Iraq''.
(2) Subsection (d)(4) of such section is amended--
(A) in the first sentence of subparagraph (A)--
(i) by inserting ``(or any successor organization)''
after ``United Nations Special Commission on Iraq''; and
(ii) by striking ``the amount specified with respect
to that year under paragraph (3),'' and all that follows
and inserting ``the amount of any limitation provided by
law on the total amount of such assistance for that
fiscal year, the Secretary of Defense may provide such
assistance with respect to that fiscal year
notwithstanding that limitation.''; and
(B) in subparagraph (B), by striking ``under paragraph
(3)''.
[[Page 113 STAT. 809]]
TITLE XVI--NATIONAL SECURITY SPACE MATTERS
Subtitle A--Space Technology Guide; Reports
Sec. 1601. Space technology guide.
Sec. 1602. Report on vulnerabilities of United States space assets.
Sec. 1603. Report on space launch failures.
Sec. 1604. Report on Air Force space launch facilities.
Subtitle B--Commercial Space Launch Services
Sec. 1611. Sense of Congress regarding United States-Russian cooperation
in commercial space launch services.
Sec. 1612. Sense of Congress concerning United States commercial space
launch capacity.
Subtitle C--Commission To Assess United States National Security Space
Management and Organization
Sec. 1621. Establishment of commission.
Sec. 1622. Duties of commission.
Sec. 1623. Report.
Sec. 1624. Assessment by the Secretary of Defense.
Sec. 1625. Powers.
Sec. 1626. Commission procedures.
Sec. 1627. Personnel matters.
Sec. 1628. Miscellaneous administrative provisions.
Sec. 1629. Funding.
Sec. 1630. Termination of the commission.
Subtitle A--Space Technology Guide; Reports
SEC. 1601. SPACE TECHNOLOGY GUIDE.
(a) Requirement.--The Secretary of Defense shall develop a detailed
guide for investment in space science and technology, demonstrations of
space technology, and planning and development for space technology
systems. In the development of the guide, the goal shall be to identify
the technologies and technology demonstrations needed for the United
States to take full advantage of use of space for national security
purposes.
(b) Relationship to Future-Years Defense Program.--The space
technology guide shall include two alternative technology paths. One
shall be consistent with the applicable funding limitations associated
with the future-years defense program. The other shall reflect the
assumption that it is not constrained by funding limitations.
(c) Relationship to Activities Outside the Department of Defense.--
The Secretary shall include in the guide a discussion of the potential
for cooperative investment and technology development with other
departments and agencies of the United States and with private sector
entities.
(d) Micro-Satellite Technology Development Plan.--The Secretary
shall include in the guide a micro-satellite technology development plan
to guide investment decisions in micro-satellite technology and to
establish priorities for technology demonstration activities.
(e) Use of Previous Studies and Reports.--In the development of the
guide, the Secretary shall take into consideration previously completed
studies and reports that may be relevant to the development of the
guide, including the following:
[[Page 113 STAT. 810]]
(1) The Space Control Technology Plan of 1999 of the
Department of Defense.
(2) The Long Range Plan of March 1998 of the United States
Space Command.
(3) The Strategic Master Plan of December 1997 of the Air
Force Space Command.
(f) Report.--Not <<NOTE: Deadline.>> later than April 15, 2000, the
Secretary shall submit a report on the space technology guide to the
congressional defense committees.
SEC. 1602. REPORT ON VULNERABILITIES OF UNITED STATES SPACE
ASSETS.
Not later than March 1, 2000, the Secretary of Defense shall submit
to the Committee on Armed Services of the House of Representatives and
the Committee on Armed Services of the Senate a report, prepared in
consultation with the Director of Central Intelligence, on the current
and potential vulnerabilities of United States national security and
commercial space assets. The report shall be submitted in classified and
unclassified form. The report shall include--
(1) an assessment of the military significance of the
vulnerabilities identified in the report;
(2) an assessment of the significance of space debris; and
(3) an assessment of the manner in which the vulnerabilities
identified in the report could affect United States space launch
policy and spacecraft design.
SEC. 1603. REPORT ON SPACE LAUNCH FAILURES.
(a) Report Required.--The Secretary of Defense shall submit to the
President and the specified congressional committees a report on the
factors involved in the three recent failures of the Titan IV space
launch vehicle and the systemic and management reforms that the
Secretary is implementing to minimize future failures of that vehicle
and future launch systems. The report shall be submitted not later than
February 15, 2000. The Secretary shall include in the report all
information from the reviews of those failures conducted by the
Secretary of the Air Force and launch contractors.
(b) Matters To Be Included.--The report shall include the following
information:
(1) An explanation for the failure of a Titan IVA launch
vehicle on August 12, 1998, the failure of a Titan IVB launch
vehicle on April 9, 1999, and the failure of a Titan IVB launch
vehicle on April 30, 1999, as well as any information from
civilian launches which may provide information on systemic
problems in current Department of Defense launch systems,
including, in addition to a detailed technical explanation and
summary of financial costs for each such failure, a one-page
summary for each such failure indicating any commonality between
that failure and other military or civilian launch failures.
(2) A review of management and engineering responsibility
for the Titan, Inertial Upper Stage, and Centaur systems, with
an explanation of the respective roles of the Government and the
private sector in ensuring mission success and identification of
the responsible party (Government or private sector) for each
major stage in production and launch of the vehicles.
[[Page 113 STAT. 811]]
(3) A list of all contractors and subcontractors for each of
the Titan, Inertial Upper Stage, and Centaur systems and their
responsibilities and five-year records for meeting program
requirements.
(4) A comparison of the practices of the Department of
Defense, the National Aeronautics and Space Administration, and
the commercial launch industry regarding the management and
oversight of the procurement and launch of expendable launch
vehicles.
(5) An assessment of whether consolidation in the aerospace
industry has affected mission success, including whether cost-
saving efforts are having an effect on quality and whether
experienced workers are being replaced by less experienced
workers for cost-saving purposes.
(6) Recommendations on how Government contracts with launch
service companies could be improved to protect the taxpayer,
together with the Secretary's assessment of whether the
withholding of award and incentive fees is a sufficient
incentive to hold contractors to the highest possible quality
standards and the Secretary's overall evaluation of the award
fee system.
(7) A short summary of what went wrong technically and
managerially in each launch failure and what specific steps are
being taken by the Department of Defense and space launch
contractors to ensure that those errors do not reoccur.
(8) An assessment of the role of the Department of Defense
in the management and technical oversight of the launches that
failed and whether the Department of Defense, in that role,
contributed to the failures.
(9) An assessment of the effect of the launch failures on
the schedule for Titan launches, on the schedule for development
and first launch of the Evolved Expendable Launch Vehicle, and
on the ability of industry to meet Department of Defense
requirements.
(10) An assessment of the impact of the launch failures on
assured access to space by the United States, and a
consideration of means by which access to space by the United
States can be better assured.
(11) An assessment of any systemic problems that may exist
at the eastern launch range, whether these problems contributed
to the launch failures, and what means would be most effective
in addressing these problems.
(12) An assessment of the potential benefits and detriments
of launch insurance and the impact of such insurance on the
estimated net cost of space launches.
(13) A review of the responsibilities of the Department of
Defense and industry representatives in the launch process, an
examination of the incentives of the Department and industry
representatives throughout the launch process, and an assessment
of whether the incentives are appropriate to maximize the
probability that launches will be timely and successful.
(14) Any other observations and recommendations that the
Secretary considers relevant.
(c) Interim <<NOTE: Deadline.>> Report.--Not later than December 15,
1999, the Secretary shall submit to the specified congressional
committees an interim report on the progress in the preparation of the
report
[[Page 113 STAT. 812]]
required by this section, including progress with respect to each of the
matters required to be included in the report under subsection (b).
(d) Specified Congressional Committees.--For purposes of this
section, the term ``specified congressional committees'' means the
following:
(1) The Committee on Armed Services, the Select Committee on
Intelligence, and the Committee on Appropriations of the Senate.
(2) The Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Appropriations
of the House of Representatives.
SEC. 1604. REPORT ON AIR FORCE SPACE LAUNCH FACILITIES.
(a) Study of Space Launch Ranges and Requirements.--The Secretary of
Defense shall, using the Defense Science Board of the Department of
Defense, conduct a study--
(1) to assess anticipated military, civil, and commercial
space launch requirements;
(2) to examine the technical shortcomings at the space
launch ranges;
(3) to evaluate current and future oversight and range
safety arrangements at the space launch ranges; and
(4) to estimate future funding requirements for space launch
ranges capable of meeting both national security space launch
needs and civil and commercial space launch needs.
(b) Report.--Not <<NOTE: Deadline.>> later than February 15, 2000,
the Secretary shall submit to the congressional defense committees a
report containing the results of the study.
Subtitle B--Commercial Space Launch Services
SEC. 1611. SENSE OF CONGRESS REGARDING UNITED STATES-RUSSIAN
COOPERATION IN COMMERCIAL SPACE LAUNCH
SERVICES.
It is the sense of Congress that--
(1) the United States should demand full and complete
cooperation from the Government of the Russian Federation on
preventing the illegal transfer from Russia to Iran or any other
country of any prohibited fissile material or ballistic missile
equipment or any technology necessary for the acquisition or
development by the recipient country of any nuclear weapon or
ballistic missile;
(2) the United States should take every appropriate measure
necessary to encourage the Government of the Russian Federation
to seek out and prevent the illegal transfer from Russia to Iran
or any other country of any prohibited fissile material or
ballistic missile equipment or any technology necessary for the
acquisition or development by the recipient country of any
nuclear weapon or ballistic missile;
(3) the United States Government decision to increase the
quantitative limitations applicable to commercial space launch
services provided by Russian space launch providers, based upon
a serious commitment by the Government of the Russian Federation
to seek out and prevent the illegal transfer from
[[Page 113 STAT. 813]]
Russia to Iran or any other country of any prohibited ballistic
missile equipment or any technology necessary for the
acquisition or development by the recipient country of any
ballistic missile, should facilitate greater cooperation between
the United States and the Russian Federation on nonproliferation
matters; and
(4) any possible future consideration of modifying such
limitations should be conditioned on a continued serious
commitment by the Government of the Russian Federation to
preventing such illegal transfers.
SEC. 1612. SENSE OF CONGRESS CONCERNING UNITED STATES COMMERCIAL
SPACE LAUNCH CAPACITY.
(a) Sense of Congress Concerning United States Commercial Space
Launch Capacity.--It is the sense of Congress that Congress and the
President should work together to stimulate and encourage the expansion
of a commercial space launch capacity in the United States, including by
taking actions to eliminate legal or regulatory barriers to long-term
competitiveness of the United States commercial space launch industry.
(b) Sense of Congress Concerning Policy of Permitting Export of
Commercial Satellites to People's Republic of China for Launch.--It is
the sense of Congress that Congress and the President should--
(1) reexamine the current United States policy of permitting
the export of commercial satellites of United States origin to
the People's Republic of China for launch;
(2) review the advantages and disadvantages of phasing out
that policy, including in that review advantages and
disadvantages identified by Congress, the executive branch, the
United States satellite industry, the United States space launch
industry, the United States telecommunications industry, and
other interested persons; and
(3) if the phase out of that policy is adopted, permit the
export of a commercial satellite of United States origin for
launch in the People's Republic of China only if--
(A) the launch is licensed as of the commencement of
the phase out of that policy; and
(B) additional actions under section 1514 of the
Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2175; 22
U.S.C. 2778 note) are taken to minimize the transfer of
technology to the People's Republic of China during the
course of the launch.
Subtitle <<NOTE: 10 USC 111 note.>> C--Commission To Assess United
States National Security Space Management and Organization
SEC. 1621. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission known
as the Commission To Assess United States National Security Space
Management and Organization (in this subtitle referred to as the
``Commission'').
[[Page 113 STAT. 814]]
(b) Composition.--The Commission shall be composed of 13 members
appointed as follows:
(1) Four members shall be appointed by the chairman of the
Committee on Armed Services of the Senate.
(2) Four members shall be appointed by the chairman of the
Committee on Armed Services of the House of Representatives.
(3) Three members shall be appointed jointly by the ranking
minority member of the Committee on Armed Services of the Senate
and the ranking minority member of the Committee on Armed
Services of the House of Representatives.
(4) Two members shall be appointed by the Secretary of
Defense, in consultation with the Director of Central
Intelligence.
(c) Qualifications.--Members of the Commission shall be appointed
from among private citizens of the United States who have knowledge and
expertise in the areas of national security space policy, programs,
organizations, and future national security concepts.
(d) Chairman.--The chairman of the Committee on Armed Services of
the Senate, after consultation with the chairman of the Armed Services
Committee of the House of Representatives and the ranking minority
members of the Committees on Armed Services of the House of
Representatives and the Senate, shall designate one of the members of
the Commission to serve as chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(f) Security Clearances.--All members of the Commission shall hold
appropriate security clearances.
(g) Initial <<NOTE: Deadlines.>> Organization Requirements.--(1) All
appointments to the Commission shall be made not later than 90 days
after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not later than 60
days after the date as of which all members of the Commission have been
appointed, but not earlier than October 15, 1999.
SEC. 1622. DUTIES OF COMMISSION.
(a) Assessment of United States National Security Space Management
and Organization.--The Commission shall, concerning changes to be
implemented over the near-term, medium-term, and long-term that would
strengthen United States national security, assess the following:
(1) The manner in which military space assets may be
exploited to provide support for United States military
operations.
(2) The current interagency coordination process regarding
the operation of national security space assets, including
identification of interoperability and communications issues.
(3) The relationship between the intelligence and
nonintelligence aspects of national security space (so-called
``white space'' and ``black space''), and the potential costs
and benefits of a partial or complete merger of the programs,
projects, or activities that are differentiated by those two
aspects.
[[Page 113 STAT. 815]]
(4) The manner in which military space issues are addressed
by professional military education institutions.
(5) The potential costs and benefits of establishing any of
the following:
(A) An independent military department and service
dedicated to the national security space mission.
(B) A corps within the Air Force dedicated to the
national security space mission.
(C) A position of Assistant Secretary of Defense for
Space within the Office of the Secretary of Defense.
(D) A new major force program, or other budget
mechanism, for managing national security space funding
within the Department of Defense.
(E) Any other change to the existing organizational
structure of the Department of Defense for national
security space management and organization.
(b) Cooperation From Government Officials.--In carrying out its
duties, the Commission should receive the full and timely cooperation of
the Secretary of Defense, the Director of Central Intelligence, and any
other United States Government official responsible for providing the
Commission with analyses, briefings, and other information necessary for
the fulfillment of its responsibilities.
SEC. 1623. REPORT.
The <<NOTE: Deadline.>> Commission shall, not later than six months
after the date of its first meeting, submit to Congress and to the
Secretary of Defense a report on its findings and conclusions.
SEC. 1624. ASSESSMENT BY THE SECRETARY OF DEFENSE.
The <<NOTE: Deadline.>> Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an assessment of the
Commission's findings not later than 90 days after the submission of the
Commission's report.
SEC. 1625. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this subtitle, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from the
Department of Defense, the other departments and agencies of the
intelligence community, and any other Federal department or agency
information that the Commission considers necessary to enable the
Commission to carry out its responsibilities under this subtitle.
SEC. 1626. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
chairman.
(b) Quorum.--(1) Seven 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.
[[Page 113 STAT. 816]]
(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 subtitle.
SEC. 1627. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing appointments
in the competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties. The appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for the staff
director may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay for other
personnel may not exceed the maximum rate payable for grade GS-15 of the
General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman of
the Commission, the head of any Federal department or agency may detail,
on a nonreimbursable basis, any personnel of that department or agency
to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent 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. 1628. 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 shall furnish the Commission, on a reimbursable
basis, any administrative and support services requested by the
Commission.
[[Page 113 STAT. 817]]
(c) National Security Information.--The Secretary of Defense, in
consultation with the Director of Central Intelligence, shall assume
responsibility for the handling and disposition of national security
information received and used by the Commission.
SEC. 1629. FUNDING.
Funds for activities of the Commission shall be provided from
amounts appropriated for the Department of Defense for operation and
maintenance for Defense-wide activities for fiscal year 2000. Upon
receipt of a written certification from the chairman of the Commission
specifying the funds required for the activities of the Commission, the
Secretary of Defense shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated in such
certification.
SEC. 1630. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its report under section 1623.
TITLE <<NOTE: Troops-to-Teachers Program Act of 1999.>> XVII--TROOPS-TO-
TEACHERS PROGRAM
Sec. 1701. Short title; definitions.
Sec. 1702. Authorization of Troops-to-Teachers Program.
Sec. 1703. Eligible members of the Armed Forces.
Sec. 1704. Selection of participants.
Sec. 1705. Stipend and bonus for participants.
Sec. 1706. Participation by States.
Sec. 1707. Termination of original program; transfer of functions.
Sec. 1708. Reporting requirements.
Sec. 1709. Funds for fiscal year 2000.
SEC. 1701. <<NOTE: 20 USC 9301.>> SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Troops-to-
Teachers Program Act of 1999''.
(b) Definitions.--In this title:
(1) The term ``administering Secretary'', with respect to
the Troops-to-Teachers Program, means the following:
(A) The Secretary of Defense with respect to the
Armed Forces (other than the Coast Guard) for the period
beginning on the date of the enactment of this Act, and
ending on the date of the completion of the transfer of
responsibility for the Troops-to-Teachers Program to the
Secretary of Education under section 1707.
(B) The Secretary of Transportation with respect to
the Coast Guard for the period referred to in
subparagraph (A).
(C) The Secretary of Education for any period after
the period referred to in subparagraph (A).
(2) The term ``alternative certification or licensure
requirements'' means State or local teacher certification or
licensure requirements that permit a demonstrated competence in
appropriate subject areas gained in careers outside of education
to be substituted for traditional teacher training course work.
(3) The term ``member of the Armed Forces'' includes a
former member of the Armed Forces.
(4) The term ``State'' includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam,
[[Page 113 STAT. 818]]
the Republic of the Marshall Islands, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the
Republic of Palau, and the United States Virgin Islands.
SEC. 1702. AUTHORIZATION <<NOTE: 20 USC 9302.>> OF TROOPS-TO-
TEACHERS PROGRAM.
(a) Program Authorized.--The administering Secretary may carry out a
program (to be known as the ``Troops-to-Teachers Program'')--
(1) to assist eligible members of the Armed Forces after
their discharge or release, or retirement, from active duty to
obtain certification or licensure as elementary or secondary
school teachers or as vocational or technical teachers; and
(2) to facilitate the employment of such members by local
educational agencies identified under subsection (b)(1).
(b) Identification of Local Educational Agencies With Teacher
Shortages.--(1) In carrying out the Troops-to-Teachers Program, the
administering Secretary shall periodically identify local educational
agencies that--
(A) are receiving grants under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a
result of having within their jurisdictions concentrations of
children from low-income families; or
(B) are experiencing a shortage of qualified teachers, in
particular a shortage of science, mathematics, special
education, or vocational or technical teachers.
(2) The administering Secretary may identify local educational
agencies under paragraph (1) through surveys conducted for that purpose
or by using information on local educational agencies that is available
to the administering Secretary from other sources.
(c) Identification of States With Alternative Certification
Requirements.--In carrying out the Troops-to-Teachers Program, the
administering Secretary shall also conduct a survey of States to
identify those States that have alternative certification or licensure
requirements for teachers, including those States that grant credit for
service in the Armed Forces toward satisfying certification or licensure
requirements for teachers.
(d) Limitation on Use of Funds for Management Infrastructure.--The
administering Secretary may utilize not more than five percent of the
funds available to carry out the Troops-to-Teachers Program for a fiscal
year for purposes of establishing and maintaining the management
infrastructure necessary to support the program.
SEC. 1703. <<NOTE: 20 USC 9303.>> ELIGIBLE MEMBERS OF THE ARMED FORCES.
(a) Eligible Members.--Subject to subsection (c), the following
members of the Armed Forces shall be eligible for selection to
participate in the Troops-to-Teachers Program:
(1) Any member who--
(A) during the period beginning on October 1, 1990,
and ending on September 30, 1999, was involuntarily
discharged or released from active duty for purposes of
a reduction of force after six or more years of
continuous active duty immediately before the discharge
or release; and
(B) satisfies such other criteria for selection as
the administering Secretary may prescribe.
[[Page 113 STAT. 819]]
(2) Any member who applied for the teacher placement program
administered under section 1151 of title 10, United States Code,
as in effect before its repeal by section 1707, and who
satisfies the eligibility criteria specified in subsection (c)
of such section 1151.
(3) Any member who--
(A) on or after October 1, 1999, becomes entitled to
retired or retainer pay in the manner provided in title
10 or title 14, United States Code;
(B) has the educational background required by
subsection (b); and
(C) satisfies the criteria prescribed under
paragraph (1)(B).
(b) Educational Background.--(1) In the case of a member of the
Armed Forces described in subsection (a)(3) who is applying for
assistance for placement as an elementary or secondary school teacher,
the administering Secretary shall require the member to have received a
baccalaureate or advanced degree from an accredited institution of
higher education.
(2) In the case of a member described in subsection (a)(3) who is
applying for assistance for placement as a vocational or technical
teacher, the administering Secretary shall require the member--
(A) to have received the equivalent of one year of college
from an accredited institution of higher education and have 10
or more years of military experience in a vocational or
technical field; or
(B) to otherwise meet the certification or licensure
requirements for a vocational or technical teacher in the State
in which the member seeks assistance for placement under the
program.
(c) Ineligible Members.--A member of the Armed Forces described in
subsection (a) is eligible to participate in the Troops-to-Teachers
Program only if the member's last period of service in the Armed Forces
was characterized as honorable.
(d) Information Regarding Program.--(1) The administering Secretary
shall provide information regarding the Troops-to-Teachers Program, and
make applications for the program available, to members of the Armed
Forces as part of preseparation counseling provided under section 1142
of title 10, United States Code.
(2) The information provided to members shall--
(A) indicate the local educational agencies identified under
section 1702(b); and
(B) identify those States surveyed under section 1702(c)
that have alternative certification or licensure requirements
for teachers, including those States that grant credit for
service in the Armed Forces toward satisfying such requirements.
SEC. 1704. <<NOTE: 20 USC 9304.>> SELECTION OF PARTICIPANTS.
(a) Submission of Applications.--Selection of eligible members of
the Armed Forces to participate in the Troops-to-Teachers Program shall
be made on the basis of applications submitted to the administering
Secretary on a timely basis. An application shall be in such form and
contain such information as the administering Secretary may require.
[[Page 113 STAT. 820]]
(b) Timely Applications.--An application shall be considered to be
submitted on a timely basis if the application is submitted as follows:
(1) <<NOTE: Deadline.>> In the case of a member of the Armed
Forces who is eligible under section 1703(a)(1) or 1703(a)(2),
not later than September 30, 2003.
(2) <<NOTE: Deadline.>> In the case of a member who is
eligible under section 1703(a)(3), not later than four years
after the date on which the member first receives retired or
retainer pay under title 10 or title 14, United States Code.
(c) Selection Priorities.--In selecting eligible members of the
Armed Forces to receive assistance for placement as elementary or
secondary school teachers or vocational or technical teachers, the
administering Secretary shall give priority to members who--
(1) have educational or military experience in science,
mathematics, special education, or vocational or technical
subjects and agree to seek employment as science, mathematics,
or special education teachers in elementary or secondary schools
or in other schools under the jurisdiction of a local
educational agency; or
(2) have educational or military experience in another
subject area identified by the administering Secretary, in
consultation with the National Governors Association, as
important for national educational objectives and agree to seek
employment in that subject area in elementary or secondary
schools.
(d) Selection Subject to Funding.--The administering Secretary may
not select a member of the Armed Forces to participate in the Troops-to-
Teachers Program unless the administering Secretary has sufficient
appropriations for the program available at the time of the selection to
satisfy the obligations to be incurred by the United States under
section 1705 with respect to that member.
(e) Participation Agreement.--A member of the Armed Forces selected
to participate in the Troops-to-Teachers Program shall be required to
enter into an agreement with the administering Secretary in which the
member agrees--
(1) to obtain, within such time as the administering
Secretary may require, certification or licensure as an
elementary or secondary school teacher or vocational or
technical teacher; and
(2) to accept an offer of full-time employment as an
elementary or secondary school teacher or vocational or
technical teacher for not less than four school years with a
local educational agency identified under section 1702, to begin
the school year after obtaining that certification or licensure.
(f) Exceptions to Violation Determination.--A participant in the
Troops-to-Teachers Program shall not be considered to be in violation of
an agreement entered into under subsection (e) during any period in
which the participant--
(1) is pursuing a full-time course of study related to the
field of teaching at an eligible institution;
(2) is serving on active duty as a member of the Armed
Forces;
(3) is temporarily totally disabled for a period of time not
to exceed three years as established by sworn affidavit of a
qualified physician;
[[Page 113 STAT. 821]]
(4) is unable to secure employment for a period not to
exceed 12 months by reason of the care required by a spouse who
is disabled;
(5) is seeking and unable to find full-time employment as a
teacher in an elementary or secondary school or as a vocational
or technical teacher for a single period not to exceed 27
months; or
(6) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the administering
Secretary.
SEC. 1705. <<NOTE: 20 USC 9305.>> STIPEND AND BONUS FOR PARTICIPANTS.
(a) Stipend Authorized.--(1) Subject to paragraph (2), the
administering Secretary shall pay to each participant in the Troops-to-
Teachers Program a stipend in an amount equal to $5,000.
(2) The total number of stipends that may be paid under paragraph
(1) in any fiscal year may not exceed 3,000.
(b) Bonus Authorized.--(1) Subject to paragraph (2), the
administering Secretary may, in lieu of paying a stipend under
subsection (a), pay a bonus of $10,000 to each participant in the
Troops-to-Teachers Program who agrees under section 1704(e) to accept
full-time employment as an elementary or secondary school teacher or
vocational or technical teacher for not less than four years in a high
need school.
(2) The total number of bonuses that may be paid under paragraph (1)
in any fiscal year may not exceed 1,000.
(3) In this subsection, the term ``high need school'' means an
elementary school or secondary school that meets one or more of the
following criteria:
(A) The school has a drop out rate that exceeds the national
average school drop out rate.
(B) The school has a large percentage of students (as
determined by the Secretary of Education in consultation with
the National Assessment Governing Board) who speak English as a
second language.
(C) The school has a large percentage of students (as so
determined) who are at risk of educational failure by reason of
limited proficiency in English, poverty, race, geographic
location, or economic circumstances.
(D) At least one-half of the students of the school are from
families with an income below the poverty line (as that term is
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(E) The school has a large percentage of students (as so
determined) who qualify for assistance under part B of the
Individuals with Disabilities Education Act (20 U.S.C. 1411 et
seq.).
(F) The school meets any other criteria established by the
administering Secretary in consultation with the National
Assessment Governing Board.
(c) Treatment of Stipend and Bonus.--Stipends and bonuses paid under
this section shall be taken into account in determining the eligibility
of the participant concerned for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).
[[Page 113 STAT. 822]]
(d) Reimbursement Under Certain Circumstances.--(1) If a participant
in the Troops-to-Teachers Program fails to obtain teacher certification
or licensure or employment as an elementary or secondary school teacher
or vocational or technical teacher as required by the agreement under
section 1704(e) or voluntarily leaves, or is terminated for cause, from
the employment during the four years of required service in violation of
the agreement, the participant shall be required to reimburse the
administering Secretary for any stipend paid to the participant under
subsection (a) in an amount that bears the same ratio to the amount of
the stipend as the unserved portion of required service bears to the
four years of required service.
(2) If a participant in the Troops-to-Teachers Program who is paid a
bonus under subsection (b) fails to obtain employment for which the
bonus was paid as required by the agreement under section 1704(e), or
voluntarily leaves or is terminated for cause from the employment during
the four years of required service in violation of the agreement, the
participant shall be required to reimburse the administering Secretary
for any bonus paid to the participant under that subsection in an amount
that bears the same ratio to the amount of the bonus as the unserved
portion of required service bears to the four years of required service.
(3) The obligation to reimburse the administering Secretary under
this subsection is, for all purposes, a debt owing the United States. A
discharge in bankruptcy under title 11, United States Code, shall not
release a participant from the obligation to reimburse the administering
Secretary.
(4) Any amount owed by a participant under this subsection shall
bear interest at the rate equal to the highest rate being paid by the
United States on the day on which the reimbursement is determined to be
due for securities having maturities of ninety days or less and shall
accrue from the day on which the participant is first notified of the
amount due.
(e) Exceptions to Reimbursement Requirement.--A participant in the
Troops-to-Teachers Program shall be excused from reimbursement under
subsection (d) if the participant becomes permanently totally disabled
as established by sworn affidavit of a qualified physician. The
administering Secretary may also waive reimbursement in cases of extreme
hardship to the participant, as determined by the administering
Secretary.
(f) Relationship to Educational Assistance Under Montgomery GI
Bill.--The receipt by a participant in the Troops-to-Teachers Program of
any assistance under the program shall not reduce or otherwise affect
the entitlement of the participant to any benefits under chapter 30 of
title 38, United States Code, or chapter 1606 of title 10, United States
Code.
SEC. 1706. <<NOTE: 20 USC 9306.>> PARTICIPATION BY STATES.
(a) Discharge of State Activities Through Consortia of States.--The
administering Secretary may permit States participating in the Troops-
to-Teachers Program to carry out activities authorized for such States
under the program through one or more consortia of such States.
(b) Assistance to States.--(1) Subject to paragraph (2), the
administering Secretary may make grants to States participating in the
Troops-to-Teachers Program, or to consortia of such States, in order to
permit such States or consortia of States to operate
[[Page 113 STAT. 823]]
offices for purposes of recruiting eligible members of the Armed Forces
for participation in the program and facilitating the employment of
participants in the program in schools in such States or consortia of
States.
(2) The total amount of grants under paragraph (1) in any fiscal
year may not exceed $4,000,000.
SEC. 1707. TERMINATION <<NOTE: 20 USC 9307.>> OF ORIGINAL PROGRAM;
TRANSFER OF FUNCTIONS.
(a) Termination.--(1) Section 1151 of title 10, United States Code,
is repealed.
(2) The table of sections at the beginning of chapter 58 of such
title is amended by striking the item relating to section 1151.
(3) <<NOTE: 10 USC 1151 note.>> The repeal of such section shall not
affect the validity or terms of any agreement entered into before the
date of the enactment of this Act under subsection (f) of such section,
or to pay assistance, make grants, or obtain reimbursement in connection
with such an agreement under subsections (g), (h), and (i) of such
section, as in effect before its repeal.
(b) Transfer of Functions.--(1) The Secretary of Defense, the
Secretary of Transportation, and the Secretary of Education shall
provide for the transfer to the Secretary of Education of any on-going
functions and responsibilities of the Secretary of Defense and the
Secretary of Transportation with respect to--
(A) the program authorized by section 1151 of title 10,
United States Code, before its repeal by subsection (a)(1); and
(B) the Troops-to-Teachers Program for the period beginning
on the date of the enactment of this Act and ending on September
30, 2000.
(2) <<NOTE: Deadline.>> The Secretaries referred to in paragraph (1)
shall complete the transfer under such paragraph not later than October
1, 2000.
(3) After completion of the transfer, the Secretary of Education
shall discharge that Secretary's functions and responsibilities with
respect to the program in consultation with the Secretary of Defense and
the Secretary of Transportation with respect to the Coast Guard.
SEC. 1708. <<NOTE: 10 USC 9308.>> REPORTING REQUIREMENTS.
(a) Report <<NOTE: Deadline.>> Required.--Not later than March 31,
2001, the Secretary of Education (in consultation with the Secretary of
Defense and the Secretary of Transportation) and the Comptroller General
shall each submit to Congress a report on the effectiveness of the
Troops-to-Teachers Program in the recruitment and retention of qualified
personnel by local educational agencies identified under section
1702(b).
(b) Elements of Report.--The report under subsection (a) shall
include information on the following:
(1) The number of participants in the Troops-to-Teachers
Program.
(2) The schools in which such participants are employed.
(3) The grade levels at which such participants teach.
(4) The subject matters taught by such participants.
[[Page 113 STAT. 824]]
(5) The effectiveness of the teaching of such participants,
as indicated by any relevant test scores of the students of such
participants.
(6) The extent of any academic improvement in the schools in
which such participants teach by reason of their teaching.
(7) The rates of retention of such participants by the local
educational agencies employing such participants.
(8) The effect of any stipends or bonuses under section 1705
in enhancing participation in the program or in enhancing
recruitment or retention of participants in the program by the
local educational agencies employing such participants.
(9) Such other matters as the Secretary of Education or the
Comptroller General, as the case may be, considers appropriate.
(c) Recommendations.--The report of the Comptroller General under
this section shall also include any recommendations of the Comptroller
General as to means of improving the Troops-to-Teachers Program,
including means of enhancing the recruitment and retention of
participants in the program.
SEC. 1709. <<NOTE: 20 USC 9309.>> FUNDS FOR FISCAL YEAR 2000.
Of the amount authorized to be appropriated by section 301 for
operation and maintenance for fiscal year 2000, $3,000,000 shall be
available for purposes of carrying out the Troops-to-Teachers Program.
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2000.>> 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.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 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:
[[Page 113 STAT. 825]]
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Redstone Arsenal........ $9,800,000
Alaska....................... Fort Richardson......... $14,600,000
Fort Wainwright......... $34,800,000
Arkansas..................... Pine Bluff Arsenal...... $18,000,000
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.............. $27,000,000
Kentucky..................... Blue Grass Army Depot... $6,000,000
Fort Campbell........... $56,900,000
Fort Knox............... $1,300,000
Louisiana.................... Fort Polk............... $6,700,000
Maryland..................... Fort Meade.............. $22,450,000
Massachusetts................ Westover Air Reserve $4,000,000
Base.
Missouri..................... Fort Leonard Wood....... $27,100,000
New York..................... Fort Drum............... $23,000,000
Nevada....................... Hawthorne Army Depot.... $1,700,000
North Carolina............... Fort Bragg.............. $125,400,000
Sunny Point Military $3,800,000
Ocean Terminal.........
Oklahoma..................... Fort Sill............... $33,200,000
McAlester Army $16,600,000
Ammunition.
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............... $1,029,750,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out 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
------------------------------------------------------------------------
Korea........................ Camp Casey............... $31,000,000
Camp Howze............... $3,050,000
Camp Stanley............. $3,650,000
---------------
Total................ $37,700,000
------------------------------------------------------------------------
[[Page 113 STAT. 826]]
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................. 46 Units..................... $8,000,000
Washington............................ Fort Lewis............... 48 Units..................... $9,000,000
---------------
Total.................... $41,000,000
----------------------------------------------------------------------------------------------------------------
(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 carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated 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 $2,353,231,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $930,058,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $37,700,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,500,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $91,414,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $80,700,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,089,812,000.
(6) For the construction of the United States Disciplinary
Barracks, Fort Leavenworth, 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.
[[Page 113 STAT. 827]]
(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);
(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);
(6) $2,592,000 (the balance of the amount authorized under
section 2101(a) for the construction of the chemical defense
qualification facility at Pine Bluff Arsenal, Arkansas); and
(7) $9,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks
renovation at Fort Riley, Kansas).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (12) of subsection (a)
[[Page 113 STAT. 828]]
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by--
(1) $41,953,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead charges, and cancellations due to force
structure changes; and
(2) $3,500,000, which represents the combination of savings
in military family housing support resulting from favorable
bids, reduced overhead costs, and cancellations due to force
structure changes.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project.
Sec. 2206. Authorization to accept electrical substation improvements,
Guam.
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, $17,020,000
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 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....................... Camp H.M. Smith.......... $86,050,000
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.........
[[Page 113 STAT. 829]]
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................
New Jersey................... Naval Air Warfare Center $15,710,000
Aircraft Division,
Lakehurst...............
North Carolina............... Marine Corps Air Station, $5,470,000
New River...............
Marine Corps Base, Camp $21,380,000
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................
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................ $817,230,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out 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............
---------------
Total................ $91,240,000
------------------------------------------------------------------------
[[Page 113 STAT. 830]]
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
----------------------------------------------------------------------------------------------------------------
Arizona................................. Marine Corps Air Station, 49 Units................... $8,500,000
Yuma......................
California.............................. Naval Air Station, Lemoore. 116 Units.................. $20,188,000
Hawaii.................................. Marine Corps Air Station, 100 Units.................. $26,615,000
Kaneohe Bay...............
Marine Corps Base, Hawaii.. 30 Units................... $8,000,000
Naval Base, Pearl Harbor... 133 Units.................. $30,168,000
Naval Base, Pearl Harbor... 96 Units................... $19,167,000
North Carolina.......................... Marine Corps Air Station, 180 Units.................. $22,036,000
Cherry Point..............
-------------
Total.................. $134,674,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(5)(A), the Secretary
of the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of military family housing 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 $181,882,000.
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 $2,108,087,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $733,390,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $91,240,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,342,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $71,911,000.
(5) For military family housing functions:
[[Page 113 STAT. 831]]
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $334,271,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $895,070,000.
(6) For the construction of the berthing wharf, Naval
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. 2187), $12,690,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation 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);
(2) $13,660,000 (the balance of the amount authorized under
section 2201(a) for the construction of a berthing wharf at
Naval Air Station, North Island, California); and
(3) $70,180,000 (the balance of the amount authorized under
section 2201(a) for the construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp H.M. Smith, Hawaii).
(c) Adjustment.--The total amount authorized to be 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--
(1) $33,227,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead charges, and cancellations due to force
structure changes;
(2) $1,000,000, which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due to
force structure changes; and
(3) $3,600,000, which represents the combination of savings
in military family housing support resulting from favorable
bids, reduced overhead costs, and cancellations due to force
structure changes.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1997
PROJECT.
The table in section 2202(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2768) is amended in the item relating to Naval Air
Station Brunswick, Maine, by striking ``92 Units'' in the purpose column
and inserting ``72 Units''.
SEC. 2206. AUTHORIZATION TO ACCEPT ELECTRICAL SUBSTATION
IMPROVEMENTS, GUAM.
The Secretary of the Navy may accept from the Guam Power Authority
various improvements to electrical transformers at the Agana and Harmon
Substations in Guam, which are valued at approximately $610,000 and are
to be performed in accordance with plans and specifications acceptable
to the Secretary.
[[Page 113 STAT. 832]]
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base... $10,600,000
Alaska....................... Eielson Air Force Base... $24,100,000
Elmendorf Air Force Base. $42,300,000
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
Delaware..................... Dover Air Force Base..... $12,000,000
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
Maryland..................... Andrews Air Force Base... $9,900,000
Massachusetts................ Hanscom Air Force Base... $16,000,000
Mississippi.................. Columbus Air Force Base.. $2,600,000
Keesler Air Force Base... $35,900,000
Missouri..................... Whiteman Air Force Base.. $24,900,000
Montana...................... Malmstrom Air Force Base. $11,600,000
Nebraska..................... Offutt Air Force Base.... $8,300,000
Nevada....................... Nellis Air Force Base.... $30,200,000
New Jersey................... McGuire Air Force Base... $11,800,000
New Mexico................... Cannon Air Force Base.... $8,100,000
New York..................... Rome Research Site....... $12,800,000
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................. Grand Forks Air Force $9,500,000
Base.
Ohio......................... Wright-Patterson Air $39,700,000
Force Base.
Oklahoma..................... Tinker Air Force Base.... $34,800,000
Vance Air Force Base..... $12,600,000
[[Page 113 STAT. 833]]
South Carolina............... Charleston Air Force Base $18,200,000
South Dakota................. Ellsworth Air Force Base. $10,200,000
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. $13,600,000
McChord Air Force Base... $7,900,000
---------------
Total................ $730,520,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
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
Korea........................ Osan Air Base............ $19,600,000
United Kingdom............... Ascension Island......... $2,150,000
---------------
Total................ $30,650,000
------------------------------------------------------------------------
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 or country 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
[[Page 113 STAT. 834]]
Kansas................................ McConnell Air Force Base. Safety Improvements.......... $1,363,000
Mississippi........................... Columbus Air Force Base.. 100 Units.................... $12,290,000
Montana............................... Malmstrom Air Force Base. 34 Units..................... $7,570,000
Nebraska.............................. Offutt Air Force Base.... 72 Units..................... $12,352,000
New Mexico............................ Hollomon Air Force Base.. 76 Units..................... $9,800,000
North Carolina........................ Seymour Johnson Air Force 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
Oklahoma.............................. Tinker Air Force Base.... 41 Units..................... $6,000,000
Texas................................. Lackland Air Force Base.. 48 Units..................... $7,500,000
Portugal.............................. Lajes Field, Azores...... 75 Units..................... $12,964,000
---------------
Total.................... $203,411,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(5)(A), the Secretary
of the Air Force may carry out 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, Uniteds 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
$129,952,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(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 Air Force in the total amount of $1,948,052,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $730,520,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $30,650,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,741,000.
[[Page 113 STAT. 835]]
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $36,104,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $350,456,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $821,892,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $25,811,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead charges, and cancellations due to force
structure changes;
(2) $1,000,000, which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due to
force structure changes; and
(3) $3,500,000, which represents the combination of savings
in military family housing support resulting from favorable
bids, reduced overhead costs, and cancellations due to force
structure changes.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Increase in fiscal year 1997 authorization for military
construction projects at Pueblo Chemical Activity,
Colorado.
Sec. 2407. Condition on obligation of military construction funds for
drug interdiction and counter-drug activities.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
[[Page 113 STAT. 836]]
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
[[Page 113 STAT. 837]]
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........... $32,000,000
Drug Activities.............
Defense Education Activity... Andersen Air Force Base, $44,170,000
Guam....................
Defense Logistics Agency..... Andersen Air Force Base, $24,300,000
Guam....................
TRICARE Management Agency.... Naval Security Group $4,000,000
Activity, Sabana Seca,
Puerto Rico.............
Yongsan, Korea........... $41,120,000
---------------
Total................ $145,590,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2405(a)(8)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $50,000.
SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.
Of the amount authorized to be appropriated by section
2405(a)(8)(C), $2,000,000 shall be available for credit to the
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 $1,268,000.
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 $1,362,185,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $288,420,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $145,590,000.
(3) For unspecified minor construction projects under
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, $54,200,000.
(6) For energy conservation projects authorized by section
2404, $1,268,000.
[[Page 113 STAT. 838]]
(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), $689,711,000.
(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, $2,000,000.
(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 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 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.
[[Page 113 STAT. 839]]
(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
$124,350,000, which represents the combination of project savings in
military construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes, and of such
total reduction, $93,000,000 represents savings from military
construction for chemical demilitarization.
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 1024 on the
development of forward operating locations for United States Southern
Command counter-drug detection and monitoring flights, amounts
appropriated pursuant to the authorization of appropriations in section
2405(a)(2) for the projects set forth in the table
[[Page 113 STAT. 840]]
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.
Sec. 2502. Authorization of appropriations, NATO.
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
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 $81,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998
project.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years beginning after September 30, 1999, for
the costs of acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces, and for
contributions therefor, under chapter 1803 of title 10, United States
Code (including the cost of acquisition of land for those facilities),
the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $205,448,000; and
(B) for the Army Reserve, $107,149,000.
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserve, $25,389,000.
[[Page 113 STAT. 841]]
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$253,918,000; and
(B) for the Air Force Reserve, $52,784,000.
(b) Adjustment.--(1) The amounts authorized to be appropriated
pursuant to subsection (a) are reduced as follows:
(A) In paragraph (1)(A), by $4,223,000.
(B) In paragraph (1)(B), by $2,891,000.
(C) In paragraph (2), by $674,000.
(D) In paragraph (3)(A), by $5,652,000.
(E) In paragraph (3)(B), by $2,080,000.
(2) The reductions specified in paragraph (1) represent the
combination of project savings in military construction resulting from
favorable bids, reduced overhead costs, and cancellations due to force
structure changes.
SEC. 2602. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998
PROJECT.
Section 2603 of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105-85), as amended by
section 2602 of the Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105-261; 112 Stat. 2198), is
amended--
(1) by striking ``agreement with the State of Utah under
which the State'' and inserting ``agreement with the State of
Utah, the University of Utah, or both, under which the State or
the University''; and
(2) by adding at the end the following new sentence: ``The
Secretary may accept funds paid under such an agreement and use
the funds, in such amounts as provided in advance in
appropriations Acts, to carry out the project.''.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2704. Effective date.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2003.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic
[[Page 113 STAT. 842]]
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 sections 2201,
2202, 2401, and 2601 of that Act and amended by section 2406 of this
Act, shall remain in effect until October 1, 2000, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2001, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Navy: Extension of 1997 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Naval Station Mayport.... Family Housing Construction $10,000,000
(100 units).................
Maine................................. Naval Station Brunswick.. Family Housing Construction $10,925,000
(72 units)..................
North Carolina........................ Marine Corps Base Camp Family Housing Construction $10,110,000
Lejuene................. (94 units)..................
South Carolina........................ Marine Corps Air Station Family Housing Construction $14,000,000
Beaufort................ (140 units).................
Texas................................. Naval Complex Corpus Family Housing Construction $11,675,000
Christi................. (104 units).................
Naval Air Station Family Housing Construction $7,550,000
Kingsville.............. (48 units)..................
Virginia.............................. Marine Corps Combat Sanitary Landfill............ $8,900,000
Development Command,
Quantico................
Washington............................ Naval Station Everett.... Family Housing Construction $15,015,000
(100 units).................
----------------------------------------------------------------------------------------------------------------
[[Page 113 STAT. 843]]
Defense Agencies: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Pueblo Chemical Activity. Ammunition Demilitarization $203,500,000
Facility....................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase II)..................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS 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 (a), as provided in sections 2202 and
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 the enactment of an Act authorizing
funds for military construction for fiscal year 2001, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Navy: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton........... Family Housing Construction $20,000,000
(138 units).................
----------------------------------------------------------------------------------------------------------------
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....
----------------------------------------------------------------------------------------------------------------
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.
[[Page 113 STAT. 844]]
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Exemption from notice and wait requirements of military
construction projects supported by burdensharing
funds undertaken for war or national emergency.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Expansion of entities eligible to participate in alternative
authority for acquisition and improvement of
military housing.
Sec. 2804. Restriction on authority to acquire or construct ancillary
supporting facilities for housing units.
Sec. 2805. Planning and design for military construction projects for
reserve components.
Sec. 2806. Modification of limitations on reserve component facility
projects for certain safety projects.
Sec. 2807. Sense of Congress on use of incremental funding to carry out
military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Extension of authority for lease of real property for special
operations activities.
Sec. 2812. Enhancement of authority relating to utility privatization.
Sec. 2813. Acceptance of funds to cover administrative expenses relating
to certain real property transactions.
Sec. 2814. Operations of Naval Academy dairy farm.
Sec. 2815. Study and report on impacts to military readiness of proposed
land management changes on public lands in Utah.
Sec. 2816. Designation of missile intelligence building at Redstone
Arsenal, Alabama, as the Richard C. Shelby Center
for Missile Intelligence.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Economic development conveyances of base closure property.
Sec. 2822. Continuation of authority to use Department of Defense Base
Closure Account 1990 for activities required to
close or realign military installations.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2832. Land exchange, Rock Island Arsenal, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Bangor, Maine.
Sec. 2834. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2835. Land conveyance, Army Reserve Center, Cannon Falls,
Minnesota.
Sec. 2836. Land conveyance, Army Maintenance Support Activity (Marine)
Number 84, Marcus Hook, Pennsylvania.
Sec. 2837. Land conveyances, Army docks and related property, Alaska.
Sec. 2838. Land conveyance, Fort Huachuca, Arizona.
Sec. 2839. Land conveyance, Nike Battery 80 family housing site, East
Hanover Township, New Jersey.
Sec. 2840. Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota.
Sec. 2841. Repair and conveyance of Red Butte Dam and Reservoir, Salt
Lake City, Utah.
Sec. 2842. Modification of land conveyance, Joliet Army Ammunition
Plant, Illinois.
Part II--Navy Conveyances
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2853. Land conveyance, Newport, Rhode Island.
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida.
Sec. 2855. One-year delay in demolition of radio transmitting facility
towers at Naval Station, Annapolis, Maryland, to
facilitate conveyance of towers.
Sec. 2856. Clarification of land exchange, Naval Reserve Readiness
Center, Portland, Maine.
[[Page 113 STAT. 845]]
Sec. 2857. Revision to lease authority, Naval Air Station, Meridian,
Mississippi.
Sec. 2858. Land conveyances, Norfolk, Virginia.
Part III--Air Force Conveyances
Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, New
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.
Sec. 2865. Land conveyance, McClellan Nuclear Radiation Center,
California.
Subtitle E--Other Matters
Sec. 2871. Acceptance of guarantees in connection with gifts to military
service academies.
Sec. 2872. Acquisition of State-held inholdings, east range of Fort
Huachuca, Arizona.
Sec. 2873. Enhancement of Pentagon renovation activities.
Subtitle F--Expansion of Arlington National Cemetery
Sec. 2881. Transfer from Navy Annex, Arlington, Virginia.
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIREMENTS OF MILITARY
CONSTRUCTION PROJECTS SUPPORTED BY
BURDENSHARING FUNDS UNDERTAKEN FOR WAR
OR NATIONAL EMERGENCY.
(a) Exemption.--Subsection (e) of section 2350j of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(3)(A) A military construction project under subsection (d) may be
carried out without regard to the requirement in paragraph (1) and the
limitation in paragraph (2) if the project is necessary to support the
armed forces in the country or region in which the project is carried
out by reason of a declaration of war, or a declaration by the President
of a national emergency pursuant to the National Emergencies Act (50
U.S.C. 1601 et seq.), that is in force at the time of the commencement
of the project.
``(B) When a decision is made to carry out a military construction
project under subparagraph (A), the Secretary of Defense shall submit to
the congressional committees specified in subsection (g)--
``(i) a notice of the decision; and
``(ii) a statement of the current estimated cost of the
project, including the cost of any real property transaction in
connection with the project.''.
(b) Conforming Amendment.--Subsection (g) of such section is amended
by striking ``subsection (e)(1)'' and inserting ``subsection (e)''.
SEC. 2802. DEVELOPMENT OF FORD ISLAND, HAWAII.
(a) Conditional Authority To Develop.--(1) Subchapter I of chapter
169 of title 10, United States Code, is amended by adding at the end the
following new section:
[[Page 113 STAT. 846]]
``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 not needed for current operations of the Navy and
all of the other armed forces; and
``(B) will promote the purpose of this section.
``(2) A lease under this subsection shall be subject to section
2667(b)(1) of this title and may include such other terms as the
Secretary considers appropriate to protect the interests of the United
States.
``(3) A lease of real property under this subsection may provide
that, upon termination of the lease term, the lessee shall have the
right of first refusal to acquire the real property covered by the lease
if the property is then conveyed under subsection (b).
``(4)(A) The Secretary may provide property support services to or
for real property leased under this subsection.
``(B) To the extent provided in appropriations Acts, any 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.
[[Page 113 STAT. 847]]
``(2) The term of a lease under paragraph (1) may not exceed 10
years, unless the Secretary of Defense approves a term in excess of 10
years for purposes of this section.
``(3) A lease under this subsection may provide that, upon
termination of the lease term, the United States shall have the right of
first refusal to acquire the facility covered by the lease.
``(e) Requirement for Competition.--The Secretary of the Navy shall
use competitive procedures for purposes of selecting the recipient of
real or personal property under subsection (b) and the lessee of real or
personal property under subsection (c).
``(f) Consideration.--(1) As consideration for the conveyance of
real or personal property under subsection (b), or for the lease of real
or personal property under subsection (c), the Secretary of the Navy
shall accept cash, real property, personal property, or services, or any
combination thereof, in an aggregate amount equal to not less than the
fair market value of the real or personal property conveyed or leased.
``(2) Subject to subsection (i), the services accepted by the
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.
``(B) Except as provided in subsection (c)(4)(B), the amount
of any cash payment received by the Secretary for a transaction
under this section.
``(i) Use of Account.--(1) Subject to paragraph (2), to the extent
provided in advance in appropriations Acts, funds in the Ford Island
Improvement Account may be used as follows:
``(A) To carry out or facilitate the 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,
[[Page 113 STAT. 848]]
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. 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--
[[Page 113 STAT. 849]]
(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 private person,
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.''.
SEC. 2804. RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT
ANCILLARY SUPPORTING FACILITIES FOR
HOUSING UNITS.
Section 2881 of title 10, United States Code, is amended--
(1) by inserting ``(a) Authority To Acquire or Construct.--
'' before ``Any project''; and
(2) by adding at the end the following new subsection:
[[Page 113 STAT. 850]]
``(b) Restriction.--A project referred to in subsection (a) may not
include the acquisition or construction of an ancillary supporting
facility if, as determined by the Secretary concerned, the facility is
to be used for providing merchandise or services in direct competition
with--
``(1) the Army and Air Force Exchange Service;
``(2) the Navy Exchange Service Command;
``(3) a Marine Corps exchange;
``(4) the Defense Commissary Agency; or
``(5) any nonappropriated fund activity of the Department of
Defense for the morale, welfare, and recreation of members of
the armed forces.''.
SEC. 2805. PLANNING AND DESIGN FOR MILITARY CONSTRUCTION PROJECTS
FOR RESERVE COMPONENTS.
Section 18233(f)(1) of title 10, United States Code, is amended by
inserting ``design,'' after ``planning,''.
SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE COMPONENT
FACILITY PROJECTS FOR CERTAIN SAFETY
PROJECTS.
(a) Exemption from Notice and Wait Requirement.--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 military construction project (as
defined in section 2805(a) of this title) that is intended
solely to correct a deficiency that is life-threatening, health-
threatening, or safety-threatening.''.
(b) Availability of Operation and Maintenance Funds.--Subsection (b)
of such section is amended to read as follows:
``(b) Under such regulations as the Secretary of Defense may
prescribe, the Secretary may spend, from appropriations available for
operation and maintenance, amounts necessary to carry out any project
authorized under section 18233(a) of this title costing not more than--
``(1) the amount specified in section 2805(c)(1) of this
title, in the case of a project intended solely to correct a
deficiency that is life-threatening, health-threatening, or
safety-threatening; or
``(2) the amount specified in section 2805(c)(2) of this
title, in the case of any other project.''.
SEC. 2807. SENSE OF CONGRESS ON USE OF INCREMENTAL FUNDING TO
CARRY OUT MILITARY CONSTRUCTION
PROJECTS.
It is the sense of Congress that--
(1) in preparing the budget for each fiscal year for
military construction for submission to Congress under section
1105 of title 31, United States Code, the President should
request an amount of funds for each proposed military
construction project that is sufficient to produce a complete
and usable facility or a complete and usable improvement to an
existing facility;
(2) in limited instances, large military construction
projects may be funded in phases consistent with established
practices for such projects; and
(3) the President should not request, and Congress should
not agree to adopt, a general practice of authorizing or
appropriating funds for military construction projects based on
historical outlay rates for military construction.
[[Page 113 STAT. 851]]
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF REAL PROPERTY FOR
SPECIAL OPERATIONS ACTIVITIES.
Section 2680(d) of title 10, United States Code, is amended by
striking ``September 30, 2000'' and inserting ``September 30, 2005''.
SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO UTILITY
PRIVATIZATION.
(a) Extended Contracts for Utility Services.--Subsection (c) of
section 2688 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(3) A contract for the receipt of utility services as
consideration under paragraph (1), or any other contract for utility
services entered into by the Secretary concerned in connection with the
conveyance of a utility system under this section, may be for a period
not to exceed 50 years.''.
(b) Definition of Utility System.--Subsection (g)(2)(B) of such
section is amended by striking ``Easements'' and inserting ``Real
property, easements,''.
(c) Funds To Facilitate Privatization.--Such section is further
amended--
(1) by redesignating subsections (g) and (h) as subsections
(i) and (j), respectively; 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. OPERATIONS OF NAVAL ACADEMY DAIRY FARM.
Section 6976 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
[[Page 113 STAT. 852]]
``(c) Lease Proceeds.--All money received from a lease entered into
under subsection (b) shall be retained by the Superintendent of the
Naval Academy and shall be available to cover expenses related to the
property described in subsection (a), including reimbursing
nonappropriated fund instrumentalities of the Naval Academy.''.
SEC. 2815. STUDY AND REPORT ON IMPACTS TO MILITARY READINESS OF
PROPOSED LAND MANAGEMENT CHANGES ON
PUBLIC LANDS IN UTAH.
(a) Utah National Defense Lands Defined.--In this section, the term
``Utah national defense lands'' means public lands under the
jurisdiction of the Bureau of Land Management in the State of Utah that
are adjacent to or near the Utah Test and Training Range and Dugway
Proving Ground or beneath the Military 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 designation or
management of the Utah national defense lands. In conducting the study,
the Secretary of Defense shall consider the following:
(1) The present military requirements for and missions
conducted at Utah Test and Training Range, as well as 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.
(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.
SEC. 2816. DESIGNATION OF MISSILE INTELLIGENCE BUILDING AT
REDSTONE ARSENAL, ALABAMA, AS THE
RICHARD C. SHELBY CENTER FOR MISSILE
INTELLIGENCE.
(a) Designation.--The newly-constructed missile intelligence
building located at Redstone Arsenal in Huntsville, Alabama, and housing
a field agency of the Defense Intelligence Agency shall be known and
designated as the ``Richard C. Shelby Center for Missile Intelligence''.
[[Page 113 STAT. 853]]
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the missile intelligence
building referred to in subsection (a) shall be deemed to be a reference
to the ``Richard C. Shelby Center for Missile Intelligence''.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. ECONOMIC DEVELOPMENT CONVEYANCES OF BASE CLOSURE
PROPERTY.
(a) 1990 Law.--Section 2905(b)(4) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or realigned'' after ``closed'';
and
(B) by inserting ``for purposes of job generation on
the installation'' before the period at the end;
(2) by redesignating subparagraphs (C), (D), (E), and (F) as
subparagraphs (E), (F), (G), and (J), respectively;
(3) by striking subparagraph (B) and inserting the following
new subparagraphs:
``(B) The transfer of property of a military installation under
subparagraph (A) shall be without consideration if the redevelopment
authority with respect to the installation--
``(i) agrees that the proceeds from any sale or lease of the
property (or any portion thereof) received by the redevelopment
authority during at least the first seven years after the date
of the transfer under subparagraph (A) shall be used to support
the economic redevelopment of, or related to, the installation;
and
``(ii) executes the agreement for transfer of the property
and accepts control of the property within a reasonable time
after the date of the property disposal record of decision or
finding of no significant impact under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) For purposes of subparagraph (B), the use of proceeds from a
sale or lease described in such subparagraph to pay for, or offset the
costs of, public investment on or related to the installation for any of
the following purposes shall be considered a use to support the economic
redevelopment of, or related to, the installation:
``(i) Road construction.
``(ii) Transportation management facilities.
``(iii) Storm and sanitary sewer construction.
``(iv) Police and fire protection facilities and other
public facilities.
``(v) Utility construction.
``(vi) Building rehabilitation.
``(vii) Historic property preservation.
``(viii) Pollution prevention equipment or facilities.
``(ix) Demolition.
``(x) Disposal of hazardous materials generated by
demolition.
``(xi) Landscaping, grading, and other site or public
improvements.
[[Page 113 STAT. 854]]
``(xii) Planning for or the marketing of the development and
reuse of the installation.
``(D) The Secretary may recoup from a redevelopment authority such
portion of the proceeds from a sale or lease described in subparagraph
(B) as the Secretary determines appropriate if the redevelopment
authority does not use the proceeds to support economic redevelopment
of, or related to, the installation for the period specified in
subparagraph (B).'';
(4) in subparagraph (F), as redesignated by paragraph (2)--
(A) by striking ``(i)''; and
(B) by striking clause (ii); and
(5) by inserting after subparagraph (F), as so redesignated,
the following new subparagraphs:
``(H)(i) In the case of an agreement for the transfer of property of
a military installation under this paragraph that was entered into
before April 21, 1999, the Secretary may modify the agreement, and in so
doing compromise, waive, adjust, release, or reduce any right, title,
claim, lien, or demand of the United States, if--
``(I) the Secretary determines that as a result of changed
economic circumstances, a modification of the agreement is
necessary;
``(II) the terms of the modification do not require the
return of any payments that have been made to the Secretary;
``(III) the terms of the modification do not compromise,
waive, adjust, release, or reduce any right, title, claim, lien,
or demand of the United States with respect to in-kind
consideration; and
``(IV) the cash consideration to which the United States is
entitled under the modified agreement, when combined with the
cash consideration to be received by the United States for the
disposal of other real property assets on the installation, are
as sufficient as they were under the original agreement to fund
the reserve account established under section 204(b)(7)(C) of
the Defense Authorization Amendments and Base Closure and
Realignment Act, with the depreciated value of the investment
made with commissary store funds or nonappropriated funds in
property disposed of pursuant to the agreement being modified,
in accordance with section 2906(d).
``(ii) When exercising the authority granted by clause (i), the
Secretary may waive some or all future payments if, and to the extent
that, the Secretary determines such waiver is necessary.
``(iii) With the exception of the requirement that the transfer be
without consideration, the requirements of subparagraphs (B), (C), and
(D) shall be applicable to any agreement modified pursuant to clause
(i).
``(I) In the case of an agreement for the transfer of property of a
military installation under this paragraph that was entered into during
the period beginning on April 21, 1999, and ending on the date of
enactment of the National Defense Authorization Act for Fiscal Year
2000, at the request of the redevelopment authority concerned, the
Secretary shall modify the agreement to conform to all the requirements
of subparagraphs (B), (C), and (D). Such a modification may include the
compromise, waiver, adjustment, release, or reduction of any right,
title, claim, lien, or demand of the United States under the
agreement.''.
[[Page 113 STAT. 855]]
(b) 1988 Law.--Section 204(b)(4) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or realigned'' after ``closed'';
and
(B) by inserting ``for purposes of job generation on
the installation'' before the period at the end;
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (E), (F), and (I), respectively;
(3) by striking subparagraph (B) and inserting the following
new subparagraphs:
``(B) The transfer of property of a military installation under
subparagraph (A) shall be without consideration if the redevelopment
authority with respect to the installation--
``(i) agrees that the proceeds from any sale or lease of the
property (or any portion thereof) received by the redevelopment
authority during at least the first seven years after the date
of the transfer under subparagraph (A) shall be used to support
the economic redevelopment of, or related to, the installation;
and
``(ii) executes the agreement for transfer of the property
and accepts control of the property within a reasonable time
after the date of the property disposal record of decision or
finding of no significant impact under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) For purposes of subparagraph (B), the use of proceeds from a
sale or lease described in such subparagraph to pay for, or offset the
costs of, public investment on or related to the installation for any of
the following purposes shall be considered a use to support the economic
redevelopment of, or related to, the installation:
``(i) Road construction.
``(ii) Transportation management facilities.
``(iii) Storm and sanitary sewer construction.
``(iv) Police and fire protection facilities and other
public facilities.
``(v) Utility construction.
``(vi) Building rehabilitation.
``(vii) Historic property preservation.
``(viii) Pollution prevention equipment or facilities.
``(ix) Demolition.
``(x) Disposal of hazardous materials generated by
demolition.
``(xi) Landscaping, grading, and other site or public
improvements.
``(xii) Planning for or the marketing of the development and
reuse of the installation.
``(D) The Secretary may recoup from a redevelopment authority such
portion of the proceeds from a sale or lease described in subparagraph
(B) as the Secretary determines appropriate if the redevelopment
authority does not use the proceeds to support economic redevelopment
of, or related to, the installation for the period specified in
subparagraph (B).'';
(4) in subparagraph (E), as redesignated by paragraph (2)--
(A) by striking ``(i)''; and
(B) by striking clause (ii); and
[[Page 113 STAT. 856]]
(5) by inserting after subparagraph (F) the following new
subparagraphs:
``(G)(i) In the case of an agreement for the transfer of property of
a military installation under this paragraph that was entered into
before April 21, 1999, the Secretary may modify the agreement, and in so
doing compromise, waive, adjust, release, or reduce any right, title,
claim, lien, or demand of the United States, if--
``(I) the Secretary determines that as a result of changed
economic circumstances, a modification of the agreement is
necessary;
``(II) the terms of the modification do not require the
return of any payments that have been made to the Secretary;
``(III) the terms of the modification do not compromise,
waive, adjust, release, or reduce any right, title, claim, lien,
or demand of the United States with respect to in-kind
consideration; and
``(IV) the cash consideration to which the United States is
entitled under the modified agreement, when combined with the
cash consideration to be received by the United States for the
disposal of other real property assets on the installation, are
as sufficient as they were under the original agreement to fund
the reserve account established under paragraph (7)(C), with the
depreciated value of the investment made with commissary store
funds or nonappropriated funds in property disposed of pursuant
to the agreement being modified, in accordance with section
2906(d) of the Defense Base Closure and Realignment Act of 1990.
``(ii) When exercising the authority granted by clause (i), the
Secretary may waive some or all future payments if, and to the extent
that, the Secretary determines such waiver is necessary.
``(iii) With the exception of the requirement that the transfer be
without consideration, the requirements of subparagraphs (B), (C), and
(D) shall be applicable to any agreement modified pursuant to clause
(i).
``(H) In the case of an agreement for the transfer of property of a
military installation under this paragraph that was entered into during
the period beginning on April 21, 1999, and ending on the date of
enactment of the National Defense Authorization Act for Fiscal Year
2000, at the request of the redevelopment authority concerned, the
Secretary shall modify the agreement to conform to all the requirements
of subparagraphs (B), (C), and (D). Such a modification may include the
compromise, waiver, adjustment, release, or reduction of any right,
title, claim, lien, or demand of the United States under the
agreement.''.
SEC. 2822. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 1990 FOR ACTIVITIES
REQUIRED TO CLOSE OR REALIGN MILITARY
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
[[Page 113 STAT. 857]]
until transferred by law after the congressional defense committees
receive the final report transmitted under subsection (c)(2).''.
(b) Effect of Continuation on Use of Account.--Subsection (b)(1) of
such section is amended by adding at the end the following new sentence:
``After July 13, 2001, the Account shall be the sole source of Federal
funds for environmental restoration, property management, and other
caretaker costs associated with any real property at military
installations closed or realigned under this part or such title 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)''.
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 EXCHANGE, ROCK ISLAND ARSENAL, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the City of Moline, Illinois (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon, consisting of
approximately .3 acres at the Rock Island Arsenal for the purpose of
permitting the City to construct a new entrance
[[Page 113 STAT. 858]]
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. 2833. LAND CONVEYANCE, ARMY RESERVE CENTER, BANGOR, MAINE.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Bangor, Maine (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 5 acres and containing
the Army Reserve Center in Bangor, Maine, known as the Harold S. Slager
Army Reserve Center, for the purpose of permitting the City to develop
the parcel for educational purposes.
(b) Alternative Conveyance Authority.--If at the time of the
conveyance authorized by subsection (a) the Secretary has transferred
jurisdiction over any of the property to be conveyed to the
Administrator of General Services, the Administrator shall make the
conveyance of such property under this section.
(c) Federal Screening.--(1) If any of the property authorized to be
conveyed by subsection (a) is under the jurisdiction of the
Administrator as of the date of the enactment of this Act, the
Administrator shall conduct with respect to such property the screening
for further Federal use otherwise required by subsection (a) of section
2696 of title 10, United States Code.
(2) Subsections (b) through (d) of such section 2696 shall apply to
the screening under paragraph (1) as if the screening were a screening
conducted under subsection (a) of such section. For purposes of such
subsection (b), the date of the enactment of the provision of law
authorizing the conveyance of the property authorized to be conveyed by
this section shall be the date of the enactment of this Act.
(d) Reversionary Interest.--During the five-year period beginning on
the date the conveyance authorized by subsection (a) is made, if the
official making the conveyance determines that the conveyed property is
not being used for the purpose specified in such subsection, all right,
title, and interest in and to the property shall revert to the United
States, and the United States shall have the right of immediate entry
onto the property. Any determination under this subsection shall be made
on the record after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the official
[[Page 113 STAT. 859]]
having jurisdiction over the property at the time of the conveyance. The
cost of the survey shall be borne by the City.
(f) Additional Terms and Conditions.--The official having
jurisdiction over the property authorized to be conveyed by subsection
(a) at the time of the conveyance may require such additional terms and
conditions in connection with the conveyance as that official considers
appropriate to protect the interests of the United States.
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE CENTER, KANKAKEE,
ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Kankakee, Illinois (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including
improvements thereon, that is located at 1600 Willow Street in Kankakee,
Illinois, and contains the vacant Stefaninch Army Reserve Center for the
purpose of permitting the City to use the parcel for economic
development and other public purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(c) Reversionary Interest.--During the five-year period beginning on
the date the Secretary makes the conveyance 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. 2835. LAND CONVEYANCE, ARMY RESERVE CENTER, CANNON FALLS,
MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Cannon Falls Area Schools, Minnesota
Independent School District Number 252 (in this section referred to as
the ``District''), all right, title, and interest of the United States
in and to a parcel of real property, including 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) 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,
[[Page 113 STAT. 860]]
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. 2836. 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. 2837. 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, for the
purpose of permitting the recipient to use the parcel for navigation-
related commerce.
[[Page 113 STAT. 861]]
(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, for the purpose of permitting the recipient to
use the parcel for economic development.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsections (a)
and (b) shall be determined by surveys satisfactory to the Secretary.
The cost of the surveys shall be borne by the recipient of the real
property.
(d) Reversionary Interests.--During the five-year period beginning
on the date the Secretary makes a conveyance authorized under this
section, if the Secretary determines that the real property conveyed by
that conveyance is not being used in accordance with the purpose of the
conveyance, all right, title, and interest in and to the property,
including any improvements thereon, shall revert to the United States,
and the United States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsections (a) and (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2838. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Department of Veterans' Services of the
State of Arizona (in this section referred to as the ``Department''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately 130 acres at Fort Huachuca, Arizona, for the purpose of
permitting the Department to establish a State-run cemetery for
veterans.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Department.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2839. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY HOUSING SITE,
EAST HANOVER TOWNSHIP, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Township Council of East Hanover, New
Jersey (in this section referred to as the ``Township''), all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
13.88 acres located near the unincorporated area of Hanover Neck in East
Hanover, New Jersey, and was a former family housing site for Nike
Battery 80, for the purpose of permitting the Township to develop the
parcel for affordable housing and for recreational purposes.
[[Page 113 STAT. 862]]
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Township.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2840. LAND CONVEYANCES, TWIN CITIES ARMY AMMUNITION PLANT,
MINNESOTA.
(a) Conveyance to City Authorized.--The Secretary of the Army may
convey to the City of Arden Hills, Minnesota (in this section referred
to as the ``City''), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
consisting of approximately 4 acres at the Twin Cities Army Ammunition
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.
SEC. 2841. REPAIR AND CONVEYANCE OF RED BUTTE DAM AND RESERVOIR,
SALT LAKE CITY, UTAH.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Central Utah Water Conservancy District,
Utah (in this section referred to as the ``District''), all right,
title, and interest of the United States in and to the real property,
including the dam, spillway, and any other improvements thereon,
comprising the Red Butte Dam and Reservoir, Salt Lake City, Utah. The
Secretary shall make the conveyance without regard to the department or
agency of the Federal Government having jurisdiction over Red Butte Dam
and Reservoir.
(b) Funds for Improvement of Dam and Reservoir.--(1) Not later than
60 days after the date of the enactment of this Act, the Secretary may
make funds available to the District for
[[Page 113 STAT. 863]]
purposes of the improvement of Red Butte Dam and Reservoir to meet the
standards applicable to the dam and reservoir under the laws of the
State of Utah. The amount of funds made available may not exceed
$6,000,000.
(2) The District shall use funds made available to the District
under paragraph (1) solely for purposes of improving Red Butte Dam and
Reservoir to meet the standards referred to in such paragraph.
(c) Responsibility for Maintenance and Operation.--Upon the
conveyance of Red Butte Dam and Reservoir under subsection (a), the
District shall assume all responsibility for the operation and
maintenance of Red Butte Dam and Reservoir for fish, wildlife, and flood
control purposes in accordance with the repayment contract or other
applicable agreement between the District and the Bureau of Reclamation
with respect to Red Butte Dam and Reservoir.
(d) Description of Property.--The 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.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2842. MODIFICATION OF LAND CONVEYANCE, JOLIET ARMY AMMUNITION
PLANT, ILLINOIS.
Section 2922(c) of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat.
605) <<NOTE: 16 USC 1609 note.>> 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.''.
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.
[[Page 113 STAT. 864]]
(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 tenant occupying the property as of the date of the
enactment of this Act (in this section referred to as the ``current
tenant'') under the terms and conditions of the lease for the property
in effect on that date (in this section referred to as the ``existing
lease'') or a successor lease.
(2) If good faith negotiations for the 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, and the current tenant is in
compliance with the lease, the Secretary shall continue to lease the
property to the current tenant under the terms and conditions applicable
to the first three years of the existing lease pursuant to the existing
lease for the property.
(3) If the property has not been conveyed by deed under this section
within six years after the date of the enactment of this Act, the
Secretary may extend or renegotiate the existing lease.
(g) Maintenance of Property.--(1) If the existing lease is continued
under subsection (f), the current tenant of the real property covered by
the lease shall be responsible for maintenance of the property as
provided for in the existing lease, any extension thereof, or any
successor lease.
(2) To the extent provided in advance in appropriations Acts, the
Secretary shall be responsible for maintaining the real property to be
conveyed under this section after the date of the termination
[[Page 113 STAT. 865]]
of the lease with the current tenant or the date the property is vacated
by the current tenant, whichever is later, until such time as the
property is conveyed by deed under this section.
(h) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(i) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2852. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY
POINT, NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the State of North Carolina (in this section
referred to as the ``State''), all right, title, and interest of the
United States in and to a parcel of unimproved real property consisting
of approximately 20 acres at the Marine Corps Air 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.
SEC. 2853. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Newport, Rhode Island (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property (together with any improvements thereon)
consisting of approximately 15 acres and known as the Connell Manor
housing area, which is located on Ranger Road and is bounded to the
north by Coddington Highway, to the west and south by city streets, and
to the east by private properties.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall pay to the Secretary an amount sufficient
to cover the cost, as determined by the Secretary--
(1) to carry out any environmental assessments and any other
studies, analyses, and assessments that may be required under
Federal law in connection with the conveyance; and
(2) to sever and realign utility systems as may be necessary
to complete the conveyance.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
[[Page 113 STAT. 866]]
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2854. LAND CONVEYANCE, NAVAL TRAINING CENTER, ORLANDO,
FLORIDA.
The Secretary of the Navy shall convey all right, title, and
interest of the United States in and to the land comprising the main
base portion of the Naval Training Center and the McCoy Annex Areas,
Orlando, Florida, to the City of Orlando, Florida, in accordance with
the terms and conditions set forth in the Memorandum of Agreement by and
between the United States of America and the City of Orlando for the
Economic Development Conveyance of Property on the Main Base and McCoy
Annex Areas of the Naval Training Center, Orlando, executed by the
Parties on December 9, 1997, as amended.
SEC. 2855. ONE-YEAR DELAY IN DEMOLITION OF RADIO TRANSMITTING
FACILITY TOWERS AT NAVAL STATION,
ANNAPOLIS, MARYLAND, TO FACILITATE
CONVEYANCE OF TOWERS.
(a) Demolition Delay.--During the one-year period beginning on the
date of the enactment of this Act, funds authorized to be appropriated
by this or any other Act may not obligated or expended by the Secretary
of the Navy to demolish the three southeastern most naval radio
transmitting towers located at Naval Station, Annapolis, Maryland, that
are otherwise scheduled for demolition as of that date.
(b) Conveyance of Towers.--The Secretary may convey, without
consideration, to the State of Maryland or the County of Anne Arundel,
Maryland, all right, title, and interest (including maintenance
responsibility) of the United States in and to the naval radio
transmitting towers described in subsection (a) if, during the period
specified in such subsection, the recipient agrees to accept the towers
in an as is condition.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (b) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2856. CLARIFICATION OF LAND EXCHANGE, NAVAL RESERVE READINESS
CENTER, PORTLAND, MAINE.
(a) Clarification on Conveyee.--Subsection (a)(1) of section 2852 of
the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2220) is amended by
striking ``Gulf of Maine Aquarium Development Corporation, Portland,
Maine (in this section referred to as the `Corporation')'' and inserting
``Gulf of Maine Aquarium Development Corporation, Portland, Maine, a
non-profit education and research institute (in this section referred to
as the `Aquarium')''.
(b) Conforming Amendments.--Such section is further amended by
striking ``the Corporation'' each place it appears and inserting ``the
Aquarium''.
SEC. 2857. REVISION TO LEASE AUTHORITY, NAVAL AIR STATION,
MERIDIAN, MISSISSIPPI.
Section 2837 of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat.
[[Page 113 STAT. 867]]
2798), as amended by section 2853 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85;
111 Stat. 2009), is amended--
(1) in subsection (a)(1), by striking ``22,000 square feet''
and inserting ``27,000 square feet''; and
(2) in subsection (b)(2), by striking ``20 percent'' and
inserting ``25 percent''.
SEC. 2858. LAND CONVEYANCES, NORFOLK, VIRGINIA.
(a) Conveyances Authorized.--The Secretary of the Navy may convey to
the Commonwealth of Virginia (in this section referred to as the
``Commonwealth''), all right, title, and interest of the United States
in and to such parcels of real property in the Norfolk, Virginia, area
as the Secretary and the Commonwealth jointly determine to be required
for the projects referred to in subsection (d).
(b) Grants of Easement or Right-of-Way.--The Secretary may grant to
the Commonwealth such easements, rights-of-way, or other interests in
land under the jurisdiction of the Secretary as the Secretary and the
Commonwealth jointly determine to be required for the projects referred
to in subsection (d).
(c) Consideration.--(1) As consideration for the grant of easements
and rights-of-way under subsection (b), the Secretary may require the
Commonwealth--
(A) to provide in the Virginia Transportation Improvement
Plan for improved access for ingress and egress from Interstate
Route 564 to the new air terminal at Naval Air Station, Norfolk,
Virginia;
(B) to include funding for a project or projects necessary
for such access in the Fiscal Year 2000-2001 Six Year
Improvement Program of the Commonwealth of Virginia; and
(C) to relocate or replace (at no cost to the Department of
the Navy) facilities of the Navy that are affected by the
projects referred to in subsection (d).
(2) The consideration to be provided under this subsection for any
grants of easement and right-of-way under this section shall be set
forth in a memorandum of agreement between the Secretary and the
Commonwealth.
(d) Covered Projects.--The projects referred to in this subsection
are projects relating to highway construction, as follows:
(1) Project number 0337-122-F14, PE-101 (Back Gate).
(2) Project number 0337-122-F14, PE-102 (Front Gate).
(3) Project number 0564-122-108, PE-101 (Interstate Route
564 intermodal connector).
(e) Sense of Congress Regarding Construction of Access to Naval Air
Station, Norfolk, Virginia.--It is the sense of Congress that, by reason
of the conveyances under subsection (a), the Commonwealth should work
with the Secretary for purposes of constructing on Interstate Route 564
an interchange providing improved access to the new air terminal at
Naval Air Station, Norfolk, Virginia.
(f) Exemption from Federal Screening Requirement.--The conveyances
authorized by subsection (a) shall be made without regard to the
requirement under section 2696 of title 10, United States Code, that the
property be screened for further Federal use in accordance with the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.).
[[Page 113 STAT. 868]]
(g) Description of Property.--The exact acreage and legal
description of any real property conveyed under subsection (a), and of
any easements, rights-of-way, or other interests granted under
subsection (b), shall be determined by a survey or surveys satisfactory
to the Secretary. The cost of the survey or surveys shall be borne by
the Commonwealth.
(h) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance of any
real property under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2861. LAND CONVEYANCE, NEWINGTON DEFENSE FUEL SUPPLY POINT,
NEW HAMPSHIRE.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Pease Development Authority, New
Hampshire (in this section referred to as the ``Authority''), all right,
title, and interest of the United States in and to parcels of real
property, together with any improvements thereon, consisting of
approximately 10.26 acres and located in Newington, New Hampshire, the
site of the Newington Defense Fuel Supply Point.
(b) Related Pipeline and Easement.--As part of the conveyance
authorized by subsection (a), the Secretary may convey to the Authority,
without consideration, all right, title, and interest of the United
States in and to the following:
(1) The pipeline approximately 1.25 miles in length that
runs between the property authorized to be conveyed under
subsection (a) and former Pease Air Force Base, New Hampshire,
and any facilities and equipment related thereto.
(2) An easement consisting of approximately 4.612 acres for
purposes of activities relating to the pipeline.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) may only be made if the Authority agrees to make the fuel
supply pipeline available for use by the New Hampshire Air National
Guard under terms and conditions acceptable to the Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a),
the easement to be conveyed under subsection (b)(2), and the pipeline to
be conveyed under subsection (b)(1) shall be determined by surveys and
other means satisfactory to the Secretary. The cost of any survey or
other services performed at the direction of the Secretary under the
preceding sentence shall be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers 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,
[[Page 113 STAT. 869]]
consisting of approximately 33.07 acres in Bay County, Florida, and
containing the military family housing project for Tyndall Air Force
Base known as Cove Garden.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall pay to the United States an amount equal
to the fair market value of the real property to be conveyed, as
determined by the Secretary.
(c) Use of Proceeds.--In such amounts as are provided in advance in
appropriations Acts, the Secretary may use the funds paid by the City
under subsection (b) to construct or improve military family housing
units at Tyndall Air Force Base and to improve ancillary supporting
facilities related to such housing.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2863. LAND CONVEYANCE, PORT OF ANCHORAGE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Air Force and the
Secretary of the Interior may convey, without consideration, to the Port
of Anchorage, an entity of the City of Anchorage, Alaska (in this
section referred to as the ``Port''), all right, title, and interest of
the United States in and to two parcels of real property, including
improvements thereon, consisting of a total of approximately 14.22 acres
located adjacent to the Port of 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, for the purpose of permitting
the Port to use the parcels for economic development.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the Air
Force and the Secretary of the Interior. The cost of the survey shall be
borne by the Port.
(c) Reversionary Interest.--During the five-year period beginning on
the date the Secretary concerned makes the conveyance authorized under
subsection (a), if that Secretary determines that the real property
conveyed by that Secretary is not being used in accordance with the
purpose of the conveyance specified in such subsection, all right,
title, and interest in and to that property, including any improvements
thereon, shall revert to the United States, and the United States shall
have the right of immediate entry onto the property. Any determination
of the Secretary concerned under this subsection shall be made on the
record after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary of the Air Force
and the Secretary of the Interior may require such 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.
[[Page 113 STAT. 870]]
SEC. 2864. LAND CONVEYANCE, FORESTPORT TEST ANNEX, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Town of Ohio, New York (in this
section referred to as the ``Town''), all right, title, and interest of
the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 164 acres in Herkimer
County, New York, and approximately 18 acres in Oneida County, New York,
and containing the Forestport Test Annex for the purpose of permitting
the Town to develop the parcel for economic purposes and to further the
provision of municipal services.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Town.
(c) Reversionary Interest.--During the five-year period beginning on
the date the Secretary makes the conveyance 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. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER,
CALIFORNIA.
(a) Conveyance Authorized.--(1) Consistent with applicable laws,
including section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620), the Secretary
of the Air Force may convey, without consideration, to the Regents of
the University of California, acting on behalf of the University of
California, Davis (in this section referred to as the ``Regents''), all
right, title, and interest of the United States in and to the parcel of
real property, including improvements thereon, consisting of the
McClellan Nuclear Radiation Center, California.
(2) Pending the completion of all actions necessary to prepare the
property described in paragraph (1) for conveyance under such paragraph,
the Secretary may lease the property to the Regents.
(b) Inspection of Property.--At an appropriate time before any
conveyance or lease under subsection (a), the Secretary shall permit the
Regents access to the property described in such subsection for purposes
of such investigation of the McClellan Nuclear Radiation Center and the
atomic reactor located at the Center as the Regents consider
appropriate.
(c) Hold Harmless.--(1)(A) The Secretary may not make the conveyance
or lease authorized by subsection (a) unless the Regents agree to
indemnify and hold harmless the United States for and against the
following:
[[Page 113 STAT. 871]]
(i) Any and all costs associated with the decontamination
and decommissioning of the atomic reactor at the McClellan
Nuclear Radiation Center under requirements that are imposed by
the Nuclear Regulatory Commission or any other appropriate
Federal or State regulatory agency.
(ii) Any and all injury, damage, or other liability arising
from the operation of the atomic reactor after its conveyance
under this section.
(B) The Secretary may pay the Regents an amount not to exceed
$17,593,000 as consideration for the agreement under subparagraph (A).
Notwithstanding section 2906(b) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), the Secretary may use amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(7) to make the
payment under this subparagraph.
(2) Notwithstanding the agreement under paragraph (1), the Secretary
may, as part of the conveyance or lease authorized by subsection (a),
enter into an agreement with the Regents under which the United States
shall indemnify and hold harmless the University of California for and
against any injury, damage, or other liability in connection with the
operation of the atomic reactor at the McClellan Nuclear Radiation
Center after its conveyance or lease that arises from a defect in the
atomic reactor that could not have been discovered in the course of the
inspection carried out under subsection (b).
(d) Continuing Operation of Reactor.--Until such time as the
property authorized to be conveyed by subsection (a) is conveyed by deed
or lease, the Secretary shall take appropriate actions, including the
allocation of personnel, funds, and other resources, to ensure the
continuing operation of the atomic reactor located at the McClellan
Nuclear Radiation Center in accordance with applicable requirements of
the Nuclear Regulatory Commission and otherwise in accordance with law.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance or
lease under subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
Subtitle E--Other Matters
SEC. 2871. ACCEPTANCE OF GUARANTEES IN CONNECTION WITH GIFTS TO
MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by inserting after section 4356 the
following new section:
``Sec. 4357. Acceptance of guarantees with gifts for major
projects
``(a) Acceptance Authority.--Subject to subsection (c), the
Secretary of the Army may accept from a donor or donors a qualified
[[Page 113 STAT. 872]]
guarantee for the completion of a major project for the benefit of the
Academy.
``(b) Obligation Authority.--The amount of a qualified guarantee
accepted under this section shall be considered as contract authority to
provide obligation authority for purposes of Federal fiscal and
contractual requirements. Funds available for a project for which such a
guarantee has been accepted may be obligated and expended for the
project without regard to whether the total amount of the funds and
other resources available for the project (not taking into account the
amount of the guarantee) is sufficient to pay for completion of the
project.
``(c) Notice of Proposed Acceptance.--The Secretary of the Army may
not accept a qualified guarantee under this section for the completion
of a major project until after the expiration of 30 days following the
date upon which a report of the facts concerning the proposed guarantee
is submitted to Congress.
``(d) Prohibition on Commingling of Funds.--The Secretary of the
Army may not enter into any contract or other transaction involving the
use of a qualified guarantee and appropriated funds in the same contract
or transaction.
``(e) Definitions.--In this section:
``(1) Major project.--The term `major project' means a
project for the purchase or other procurement of real or
personal property, or for the construction, renovation, or
repair of real or personal property, the total cost of which is,
or is estimated to be, at least $1,000,000.
``(2) Qualified guarantee.--The term `qualified guarantee',
with respect to a major project, means a guarantee that--
``(A) is made by one or more persons in connection
with a donation, specifically for the project, of a
total amount in cash or securities that, as determined
by the Secretary of the Army, is sufficient to defray a
substantial portion of the total cost of the project;
``(B) is made to facilitate or expedite the
completion of the project in reasonable anticipation
that other donors will contribute sufficient funds or
other resources in amounts sufficient to pay for
completion of the project;
``(C) is set forth as a written agreement that
provides for the donor to furnish in cash or securities,
in addition to the donor's other gift or gifts for the
project, any additional amount that may become necessary
for paying the cost of completing the project by reason
of a failure to obtain from other donors or sources
funds or other resources in amounts sufficient to pay
the cost of completing the project; and
``(D) is accompanied by--
``(i) an irrevocable and unconditional standby
letter of credit for the benefit of the Academy
that is in the amount of the guarantee and is
issued by a major United States commercial bank;
or
``(ii) a qualified account control agreement.
``(3) Qualified account control agreement.--The term
`qualified account control agreement', with respect to a
guarantee of a donor, means an agreement among the donor, the
Secretary of the Army, and a major United States investment
management firm that--
[[Page 113 STAT. 873]]
``(A) ensures the availability of sufficient funds
or other financial resources to pay the amount
guaranteed during the period of the guarantee;
``(B) provides for the perfection of a security
interest in the assets of the account for the United
States for the benefit of the Academy with the highest
priority available for liens and security interests
under applicable law;
``(C) requires the donor to maintain in an account
with the investment management firm assets having a
total value that is not less than 130 percent of the
amount guaranteed; and
``(D) requires the investment management firm, at
any time that the value of the account is less than the
value required to be maintained under subparagraph (C),
to liquidate any noncash assets in the account and
reinvest the proceeds in Treasury bills issued under
section 3104 of title 31.
``(4) Major united states commercial bank.--The term `major
United States commercial bank' means a commercial bank that--
``(A) is an insured bank (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813));
``(B) is headquartered in the United States; and
``(C) has net assets in a total amount considered by
the Secretary of the Army to qualify the bank as a major
bank.
``(5) Major united states investment management firm.--The
term `major United States investment management firm' means any
broker, dealer, investment adviser, or provider of investment
supervisory services (as defined in section 3 of the Securities
Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a major
United States commercial bank that--
``(A) is headquartered in the United States; and
``(B) holds for the account of others investment
assets in a total amount considered by the Secretary of
the Army to qualify the firm as a major investment
management firm.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 4356 the
following new item:
``4357. Acceptance of guarantees with gifts for major projects.''.
(b) Naval Academy.--(1) Chapter 603 of title 10, United States Code,
is amended by inserting after section 6974 the following new section:
``Sec. 6975. Acceptance of guarantees with gifts for major
projects
``(a) Acceptance Authority.--Subject to subsection (c), the
Secretary of the Navy may accept from a donor or donors a qualified
guarantee for the completion of a major project for the benefit of the
Naval Academy.
``(b) Obligation Authority.--The amount of a qualified guarantee
accepted under this section shall be considered as contract authority to
provide obligation authority for purposes of Federal fiscal and
contractual requirements. Funds available for a project for which such a
guarantee has been accepted may be obligated
[[Page 113 STAT. 874]]
and expended for the project without regard to whether the total amount
of the funds and other resources available for the project (not taking
into account the amount of the guarantee) is sufficient to pay for
completion of the project.
``(c) Notice of Proposed Acceptance.--The Secretary of the Navy may
not accept a qualified guarantee under this section for the completion
of a major project until after the expiration of 30 days following the
date upon which a report of the facts concerning the proposed guarantee
is submitted to Congress.
``(d) Prohibition on Commingling of Funds.--The Secretary of the
Navy may not enter into any contract or other transaction involving the
use of a qualified guarantee and appropriated funds in the same contract
or transaction.
``(e) Definitions.--In this section:
``(1) Major project.--The term `major project' means a
project for the purchase or other procurement of real or
personal property, or for the construction, renovation, or
repair of real or personal property, the total cost of which is,
or is estimated to be, at least $1,000,000.
``(2) Qualified guarantee.--The term `qualified guarantee',
with respect to a major project, means a guarantee that--
``(A) is made by one or more persons in connection
with a donation, specifically for the project, of a
total amount in cash or securities that, as determined
by the Secretary of the Navy, is sufficient to defray a
substantial portion of the total cost of the project;
``(B) is made to facilitate or expedite the
completion of the project in reasonable anticipation
that other donors will contribute sufficient funds or
other resources in amounts sufficient to pay for
completion of the project;
``(C) is set forth as a written agreement that
provides for the donor to furnish in cash or securities,
in addition to the donor's other gift or gifts for the
project, any additional amount that may become necessary
for paying the cost of completing the project by reason
of a failure to obtain from other donors or sources
funds or other resources in amounts sufficient to pay
the cost of completing the project; and
``(D) is accompanied by--
``(i) an irrevocable and unconditional standby
letter of credit for the benefit of the Naval
Academy that is in the amount of the guarantee and
is issued by a major United States commercial
bank; or
``(ii) a qualified account control agreement.
``(3) Qualified account control agreement.--The term
`qualified account control agreement', with respect to a
guarantee of a donor, means an agreement among the donor, the
Secretary of the Navy, and a major United States investment
management firm that--
``(A) ensures the availability of sufficient funds
or other financial resources to pay the amount
guaranteed during the period of the guarantee;
``(B) provides for the perfection of a security
interest in the assets of the account for the United
States for the benefit of the Naval Academy with the
highest priority
[[Page 113 STAT. 875]]
available for liens and security interests under
applicable law;
``(C) requires the donor to maintain in an account
with the investment management firm assets having a
total value that is not less than 130 percent of the
amount guaranteed; and
``(D) requires the investment management firm, at
any time that the value of the account is less than the
value required to be maintained under subparagraph (C),
to liquidate any noncash assets in the account and
reinvest the proceeds in Treasury bills issued under
section 3104 of title 31.
``(4) Major united states commercial bank.--The term `major
United States commercial bank' means a commercial bank that--
``(A) is an insured bank (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813));
``(B) is headquartered in the United States; and
``(C) has net assets in a total amount considered by
the Secretary of the Navy to qualify the bank as a major
bank.
``(5) Major united states investment management firm.--The
term `major United States investment management firm' means any
broker, dealer, investment adviser, or provider of investment
supervisory services (as defined in section 3 of the Securities
Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a major
United States commercial bank that--
``(A) is headquartered in the United States; and
``(B) holds for the account of others investment
assets in a total amount considered by the Secretary of
the Navy to qualify the firm as a major investment
management firm.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 6974 the
following new item:
``6975. Acceptance of guarantees with gifts for major projects.''.
(c) Air Force Academy.--(1) Chapter 903 of title 10, United States
Code, is amended by inserting after section 9355 the following new
section:
``Sec. 9356. Acceptance of guarantees with gifts for major
projects
``(a) Acceptance Authority.--Subject to subsection (c), the
Secretary of the Air Force may accept from a donor or donors a qualified
guarantee for the completion of a major project for the benefit of the
Academy.
``(b) Obligation Authority.--The amount of a qualified guarantee
accepted under this section shall be considered as contract authority to
provide obligation authority for purposes of Federal fiscal and
contractual requirements. Funds available for a project for which such a
guarantee has been accepted may be obligated and expended for the
project without regard to whether the total amount of the funds and
other resources available for the project (not taking into account the
amount of the guarantee) is sufficient to pay for completion of the
project.
[[Page 113 STAT. 876]]
``(c) Notice of Proposed Acceptance.--The Secretary of the Air Force
may not accept a qualified guarantee under this section for the
completion of a major project until after the expiration of 30 days
following the date upon which a report of the facts concerning the
proposed guarantee is submitted to Congress.
``(d) Prohibition on Commingling of Funds.--The Secretary of the Air
Force may not enter into any contract or other transaction involving the
use of a qualified guarantee and appropriated funds in the same contract
or transaction.
``(e) Definitions.--In this section:
``(1) Major project.--The term `major project' means a
project for the purchase or other procurement of real or
personal property, or for the construction, renovation, or
repair of real or personal property, the total cost of which is,
or is estimated to be, at least $1,000,000.
``(2) Qualified guarantee.--The term `qualified guarantee',
with respect to a major project, means a guarantee that--
``(A) is made by one or more persons in connection
with a donation, specifically for the project, of a
total amount in cash or securities that, as determined
by the Secretary of the Air Force, is sufficient to
defray a substantial portion of the total cost of the
project;
``(B) is made to facilitate or expedite the
completion of the project in reasonable anticipation
that other donors will contribute sufficient funds or
other resources in amounts sufficient to pay for
completion of the project;
``(C) is set forth as a written agreement that
provides for the donor to furnish in cash or securities,
in addition to the donor's other gift or gifts for the
project, any additional amount that may become necessary
for paying the cost of completing the project by reason
of a failure to obtain from other donors or sources
funds or other resources in amounts sufficient to pay
the cost of completing the project; and
``(D) is accompanied by--
``(i) an irrevocable and unconditional standby
letter of credit for the benefit of the Academy
that is in the amount of the guarantee and is
issued by a major United States commercial bank;
or
``(ii) a qualified account control agreement.
``(3) Qualified account control agreement.--The term
`qualified account control agreement', with respect to a
guarantee of a donor, means an agreement among the donor, the
Secretary of the Air Force, and a major United States investment
management firm that--
``(A) ensures the availability of sufficient funds
or other financial resources to pay the amount
guaranteed during the period of the guarantee;
``(B) provides for the perfection of a security
interest in the assets of the account for the United
States for the benefit of the Academy with the highest
priority available for liens and security interests
under applicable law;
``(C) requires the donor to maintain in an account
with the investment management firm assets having a
total value that is not less than 130 percent of the
amount guaranteed; and
[[Page 113 STAT. 877]]
``(D) requires the investment management firm, at
any time that the value of the account is less than the
value required to be maintained under subparagraph (C),
to liquidate any noncash assets in the account and
reinvest the proceeds in Treasury bills issued under
section 3104 of title 31.
``(4) Major united states commercial bank.--The term `major
United States commercial bank' means a commercial bank that--
``(A) is an insured bank (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813));
``(B) is headquartered in the United States; and
``(C) has net assets in a total amount considered by
the Secretary of the Air Force to qualify the bank as a
major bank.
``(5) Major united states investment management firm.--The
term `major United States investment management firm' means any
broker, dealer, investment adviser, or provider of investment
supervisory services (as defined in section 3 of the Securities
Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a major
United States commercial bank that--
``(A) is headquartered in the United States; and
``(B) holds for the account of others investment
assets in a total amount considered by the Secretary of
the Air Force to qualify the firm as a major investment
management firm.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 9355 the
following new item:
``9356. Acceptance of guarantees with gifts for major projects.''.
SEC. 2872. ACQUISITION OF STATE-HELD INHOLDINGS, EAST RANGE OF
FORT HUACHUCA, ARIZONA.
(a) Acquisition Authorized.--(1) The Secretary of the Interior may
acquire by eminent domain, but with the consent of the State of Arizona,
all right, title, and interest (including any mineral rights) of the
State of Arizona in and to unimproved Arizona State trust lands
consisting of approximately 1,536.47 acres in the Fort Huachuca East
Range, Cochise County, Arizona.
(2) The Secretary may also acquire by eminent domain, but with the
consent of the State of Arizona, any trust mineral estate of the State
of Arizona located beneath the surface estates of the United States in
one or more parcels of land consisting of approximately 12,943 acres in
the Fort Huachuca East Range, Cochise County, Arizona.
(b) Consideration.--(1) Subject to subsection (c), as consideration
for the acquisition by the United States of Arizona State trust lands
and mineral interests under subsection (a), the Secretary, acting
through the Bureau of Land Management, may convey to the State of
Arizona all right, title, and interest of the United States, or some
lesser interest, in one or more parcels of Federal land under the
jurisdiction of the Bureau of Land Management in the State of Arizona.
(2) The lands or interests in land to be conveyed under this
subsection shall be mutually agreed upon by the Secretary and the State
of Arizona, as provided in subsection (c)(1).
[[Page 113 STAT. 878]]
(3) The value of the lands conveyed out of Federal ownership under
this subsection either shall be equal to the value of the lands and
mineral interests received by the United States under subsection (a) or,
if not, shall be equalized by a payment made by the Secretary or the
State of Arizona, as necessary.
(c) Conditions on Conveyance to State.--The Secretary may make the
conveyance described in subsection (b) only if--
(1) the transfer of the Federal lands to the State of
Arizona is acceptable to the State Land Commissioner; and
(2) the conveyance of lands and interests in lands under
subsection (b) is accepted by the State of Arizona as full
consideration for the land and mineral rights acquired by the
United States under subsection (a) and terminates all right,
title, and interest of all parties (other than the United
States) in and to the acquired lands and mineral rights.
(d) Use of Eminent Domain.--The Secretary may acquire the State
lands and mineral rights under subsection (a) pursuant to the laws and
regulations governing eminent domain.
(e) Determination of Fair Market Value.--Notwithstanding any other
provision of law, the value of lands and interests in lands acquired or
conveyed by the United States under this section shall be determined in
accordance with the Uniform Appraisal Standards for Federal Land
Acquisition, as published by the Department of Justice in 1992. The
appraisal shall be subject to the review and acceptance by the Land
Department of the State of Arizona and the Bureau of Land Management.
(f) Descriptions of Land.--The exact acreage and legal descriptions
of the lands and interests in lands acquired or conveyed by the United
States under this section shall be determined by surveys that are
satisfactory to the Secretary of the Interior and the State of Arizona.
(g) Withdrawal of Acquired Lands for Military Purposes.--After
acquisition, the lands acquired by the United States under subsection
(a) may be withdrawn and reserved, in accordance with all applicable
environmental laws, for use by the Secretary of the Army for military
training and testing in the same manner as other Federal lands located
in the Fort Huachuca East Range that were withdrawn and reserved for
Army use through Public Land Order 1471 of 1957.
(h) Additional Terms and Conditions.--The Secretary of the Interior
may require such additional terms and conditions in connection with the
conveyance and acquisition of lands and interests in land under this
section as the Secretary considers appropriate to protect the interests
of the United States and any valid existing rights.
(i) Cost Reimbursement.--All costs associated with the processing of
the acquisition of State trust lands and mineral interests under
subsection (a) and the conveyance of public lands under subsection (b)
shall be borne by the Secretary of the Army.
SEC. 2873. ENHANCEMENT OF PENTAGON RENOVATION ACTIVITIES.
(a) Renovation Enhancements.--The Secretary of Defense, in
conjunction with the Pentagon Renovation Program, may design and
construct secure secretarial office and support facilities and make
security-related enhancements to the bus and subway station entrance at
the Pentagon Reservation.
[[Page 113 STAT. 879]]
(b) Report Required.--As part of the report required under section
2674(a) of title 10, United States Code, in 2000, the Secretary of
Defense shall include the estimated cost for the planning, design,
construction, and installation of equipment for the enhancements
authorized by subsection (a) and a revised estimate for the total cost
of the renovation of the Pentagon Reservation.
Subtitle F--Expansion of Arlington National Cemetery
SEC. 2881. TRANSFER FROM NAVY ANNEX, ARLINGTON, VIRGINIA.
(a) Land Transfer Required.--The Secretary of Defense shall provide
for the transfer to the Secretary of the Army of administrative
jurisdiction over three parcels of real property consisting of
approximately 36 acres and known as the Navy Annex (in this section
referred to as the ``Navy Annex property'').
(b) Use of Land.--(1) Subject to paragraph (2), the Secretary of the
Army shall incorporate the Navy Annex property transferred under
subsection (a) into Arlington National Cemetery.
(2) The Secretary of Defense may reserve not to exceed 10 acres of
the Navy Annex property (of which not more than six acres may be north
of the existing Columbia Pike) as a site for--
(A) a National Military Museum, if such site is recommended
for such purpose by the Commission on the National Military
Museum established under section 2901; and
(B) such other memorials that the Secretary of Defense
considers compatible with Arlington National Cemetery.
(c) Remediation of Land for Cemetery Use.--Immediately after the
transfer of administrative jurisdiction over the Navy Annex property,
the Secretary of Defense shall provide for the removal of any
improvements on that property and shall prepare the property for use as
a part of Arlington National Cemetery.
(d) Establishment of Master Plan.--(1) The Secretary of Defense
shall establish a master plan for the use of the Navy Annex property
transferred under subsection (a).
(2) The master plan shall take into account (A) the report submitted
by the Secretary of the Army on the expansion of Arlington National
Cemetery required at page 787 of the Joint Explanatory Statement of the
Committee of Conference to accompany the bill H.R. 3616 of the One
Hundred Fifth Congress (House Report 105-436 of the 105th Congress), and
(B) the recommendation (if any) of the Commission on the National
Military Museum to use a portion of the Navy Annex property as the site
for the National Military Museum.
(3) The master plan shall be established in consultation with the
National Capital Planning Commission and only after coordination with
appropriate officials of the Commonwealth of Virginia and of the County
of Arlington, Virginia, with respect to matters pertaining to real
property under the jurisdiction of those officials located in or
adjacent to the Navy Annex property, including assessments of the
effects on transportation, infrastructure, and utilities in that county
by reason of the proposed uses of the Navy Annex property under
subsection (b).
(4) <<NOTE: Deadline.>> Not later than 180 days after the date on
which the Commission on the National Military Museum submits to Congress
its
[[Page 113 STAT. 880]]
report under section 2903, the Secretary of Defense shall submit to
Congress the master plan established under this subsection.
(e) Implementation of Master Plan.--The Secretary of Defense may
implement the provisions of the master plan at any time after the
Secretary submits the master plan to Congress.
(f) Legal Description.--In conjunction with the development of the
master plan required by subsection (d), the Secretary of Defense shall
determine the exact acreage and legal description of the portion of the
Navy Annex property reserved under subsection (b)(2) and of the portion
transferred under subsection (a) for incorporation into Arlington
National Cemetery.
(g) Reports.--(1) <<NOTE: Deadline.>> Not later than 90 days after
the date of the enactment of this Act, the Secretary of the Army shall
submit to the Secretary of Defense a copy of the report to Congress on
the expansion of Arlington National Cemetery required at page 787 of the
Joint Explanatory Statement of the Committee of Conference to accompany
the bill H.R. 3616 of the One Hundred Fifth Congress (House Report 105-
736 of the 105th Congress).
(2) The Secretary of Defense shall include a description of the use
of the Navy Annex property transferred under subsection (a) in the
annual report to Congress under section 2674(a)(2) of title 10, United
States Code, on the state of the renovation of the Pentagon Reservation.
(h) Deadline.--The Secretary of Defense shall complete the transfer
of administrative jurisdiction required by subsection (a) not later than
the earlier of--
(1) January 1, 2010; or
(2) the date when the Navy Annex property is no longer
required (as determined by the Secretary) for use as temporary
office space due to the renovation of the Pentagon.
SEC. 2882. TRANSFER FROM FORT MYER, ARLINGTON, VIRGINIA.
(a) Land Transfer Required.--The Secretary of the Army shall modify
the boundaries of Arlington National Cemetery and of Fort Myer to
include in Arlington National Cemetery the following parcels of real
property situated in Fort Myer, Arlington, Virginia:
(1) A parcel comprising approximately five acres bounded by
the Fort Myer Post Traditional Chapel to the southwest, McNair
Road to the northwest, the Vehicle Maintenance Complex to the
northeast, and the masonry wall of Arlington National Cemetery
to the southeast.
(2) A parcel comprising approximately three acres bounded by
the Vehicle Maintenance Complex to the southwest, Jackson Avenue
to the northwest, the water pumping station to the northeast,
and the masonry wall of Arlington National Cemetery to the
southeast.
(b) Legal Description.--The exact acreage and legal description of
the real property to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
TITLE XXIX--COMMISSION ON NATIONAL MILITARY MUSEUM
Sec. 2901. Establishment.
Sec. 2902. Duties of Commission.
[[Page 113 STAT. 881]]
Sec. 2903. Report.
Sec. 2904. Powers.
Sec. 2905. Commission procedures.
Sec. 2906. Personnel matters.
Sec. 2907. Miscellaneous administrative provisions.
Sec. 2908. Funding.
Sec. 2909. Termination of Commission.
SEC. 2901. <<NOTE: 10 USC 111 note.>> ESTABLISHMENT.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on the National Military Museum'' (in this
title referred to as the ``Commission'').
(b) Composition.--(1) The Commission shall be composed of 11 voting
members appointed from among individuals who have an expertise in
military or museum matters as follows:
(A) Five shall be appointed by the President.
(B) Two shall be appointed by the Speaker of the House of
Representatives, in consultation with the chairman of the
Committee on Armed Services of the House of Representatives.
(C) One shall be appointed by the minority leader of the
House of Representatives, in consultation with the ranking
member of the Committee on Armed Services of the House of
Representatives.
(D) Two shall be appointed by the majority leader of the
Senate, in consultation with the chairman of the Committee on
Armed Services of the Senate.
(E) One shall be appointed by the minority leader of the
Senate, in consultation with the ranking member of the Committee
on Armed Services of the Senate.
(2) The following shall be nonvoting members of the Commission:
(A) The Secretary of Defense.
(B) The Secretary of the Army.
(C) The Secretary of the Navy.
(D) The Secretary of the Air Force.
(E) The Secretary of Transportation.
(F) The Secretary of the Smithsonian Institution.
(G) The Chairman of the National Capital Planning
Commission.
(H) The Chairperson of the Commission of Fine Arts.
(c) Chairman.--The <<NOTE: President.>> President shall designate
one of the individuals first appointed to the Commission under
subsection (b)(1)(A) as the chairman of the Commission.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(e) Initial <<NOTE: Deadline.>> Organization Requirements.--(1) All
appointments to the Commission shall be made not later than 90 days
after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not later than 60
days after the date as of which all members of the Commission have been
appointed.
SEC. 2902. <<NOTE: 10 USC 111 note.>> DUTIES OF COMMISSION.
(a) Study of National Military Museum.--The Commission shall conduct
a study in order to make recommendations to Congress regarding an
authorization for the construction of a national military museum in the
National Capital Area.
[[Page 113 STAT. 882]]
(b) Study Elements.--In conducting the study, the Commission shall
do the following:
(1) Determine whether existing military museums, historic
sites, and memorials in the United States are adequate--
(A) to provide in a cost-effective manner for
display of, and interaction with, adequately visited and
adequately preserved artifacts and representations of
the Armed Forces and of the wars in which the United
States has been engaged;
(B) to honor the service to the United States of the
active and reserve members of the Armed Forces and the
veterans of the United States;
(C) to educate current and future generations
regarding the Armed Forces and the sacrifices of members
of the Armed Forces and the Nation in furtherance of the
defense of freedom; and
(D) to foster public pride in the achievements and
activities of the Armed Forces.
(2) Determine whether adequate inventories of artifacts and
representations of the Armed Forces and of the wars in which the
United States has been engaged are available, either in current
inventories or in private or public collections, for loan or
other provision to a national military museum.
(3) Develop preliminary proposals for--
(A) the dimensions and design of a national military
museum in the National Capital Area;
(B) the location of the museum in that Area; and
(C) the approximate cost of the final design and
construction of the museum and of the costs of operating
the museum.
(c) Additional Duties.--If the Commission determines to recommend
that Congress authorize the construction of a national military museum
in the National Capital Area, the Commission shall also, as a part of
the study under subsection (a), do the following:
(1) Recommend not fewer than three sites for the museum
ranked by preference.
(2) Propose a schedule for construction of the museum.
(3) Assess the potential effects of the museum on the
environment, facilities, and roadways in the vicinity of the
site or sites where the museum is proposed to be located.
(4) Recommend the percentages of funding for the museum to
be provided by the United States, State and local governments,
and private sources, respectively.
(5) Assess the potential for fundraising for the museum
during the 20-year period following the authorization of
construction of the museum.
(6) Assess and recommend various governing structures for
the museum, including a governing structure that places the
museum within the Smithsonian Institution.
(d) Requirements for Location on Navy Annex Property.--In the case
of a recommendation under subsection (c)(1) to authorize construction of
a national military museum on the Navy Annex property authorized for
reservation for such purpose by section 2871(b), the design of the
national military museum on such property shall be subject to the
following requirements:
[[Page 113 STAT. 883]]
(1) The design shall be prepared in consultation with the
Superintendent of Arlington National Cemetery.
(2) The design may not provide for access by vehicles to the
national military museum through Arlington National Cemetery.
SEC. 2903. <<NOTE: 10 USC 111 note. Deadline.>> REPORT.
The Commission shall, not later than 12 months after the date of its
first meeting, submit to Congress a report on its findings and
conclusions under this title, including any recommendations under
section 2902.
SEC. 2904. <<NOTE: 10 USC 111 note.>> 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 and any other Federal department or agency
information that the Commission considers necessary to enable the
Commission to carry out its responsibilities under this title.
SEC. 2905. <<NOTE: 10 USC 111 note.>> COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
chairman.
(b) Quorum.--(1) Six of the members appointed under section
2901(b)(1) shall constitute a quorum other than for the purpose of
holding hearings.
(2) The Commission shall act by resolution agreed to by a majority
of the members of the Commission.
(c) Commission.--The Commission may establish panels 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. 2906. <<NOTE: 10 USC 111 note.>> PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission appointed under
section 2901(b)(1) shall serve without pay by reason of their work on
the Commission.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing appointments
in the competitive service, appoint a staff director
[[Page 113 STAT. 884]]
and such additional personnel as may be necessary to enable the
Commission to perform its duties. The appointment of a staff director
shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for the staff
director may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay for other
personnel may not exceed the maximum rate payable for grade GS-15 of the
General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman of
the Commission, the head of any Federal department or agency may detail,
on a nonreimbursable basis, any personnel of that department or agency
to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent 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. 2907. MISCELLANEOUS <<NOTE: 10 USC 111 note.>> 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
United States.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a reimbursable
basis, any administrative and support services requested by the
Commission.
SEC. 2908. <<NOTE: 10 USC 111 note.>> FUNDING.
(a) In General.--Funds for activities of the Commission shall be
provided from amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for fiscal year
2000.
(b) Request.--Upon receipt of a written certification from the
chairman of the Commission specifying the funds required for the
activities of the Commission, the Secretary of Defense shall promptly
disburse to the Commission, from such amounts, the funds required by the
Commission as stated in such certification.
(c) Availability of Certain Funds.--Of the funds available for
activities of the Commission under this section, $2,000,000 shall be
available for the activities, if any, of the Commission under section
2902(c).
SEC. 2909. <<NOTE: 10 USC 111 note.>> TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its report under section 2903.
[[Page 113 STAT. 885]]
TITLE <<NOTE: Military Lands Withdrawal Act of 1999.>> XXX--MILITARY
LAND WITHDRAWALS
Sec. 3001. Short title.
Subtitle A--Withdrawals Generally
Sec. 3011. Withdrawals.
Sec. 3012. Maps and legal descriptions.
Sec. 3013. Termination of withdrawals in Military Lands Withdrawal Act
of 1986.
Sec. 3014. Management of lands.
Sec. 3015. Duration of withdrawal and reservation.
Sec. 3016. Extension of initial withdrawal and reservation.
Sec. 3017. Ongoing decontamination.
Sec. 3018. Delegation.
Sec. 3019. Water rights.
Sec. 3020. Hunting, fishing, and trapping.
Sec. 3021. Mining and mineral leasing.
Sec. 3022. Use of mineral materials.
Sec. 3023. Immunity of United States.
Subtitle B--Withdrawals in Arizona
Sec. 3031. Barry M. Goldwater Range, Arizona.
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and
Cabeza Prieta Wilderness.
Sec. 3033. Maps and legal description.
Sec. 3034. Water rights.
Sec. 3035. Hunting, fishing, and trapping.
Sec. 3036. Use of mineral materials.
Sec. 3037. Immunity of United States.
Subtitle C--Authorization of Appropriations
Sec. 3041. Authorization of appropriations.
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Military Lands Withdrawal Act of
1999''.
Subtitle A--Withdrawals Generally
SEC. 3011. WITHDRAWALS.
(a) Naval Air Station Fallon Ranges, Nevada.--
(1) Withdrawal and reservation.--(A) Subject to valid
existing rights and except as otherwise provided in this
subtitle, the lands established at the B-16, B-17, B-19, and B-
20 Ranges, as referred to in paragraph (2), and all other areas
within the boundary of such lands as depicted on the map
referred to in such paragraph which may become subject to the
operation of the public land laws, are hereby withdrawn from all
forms of appropriation under the public land laws, including the
mining laws and the mineral leasing and geothermal leasing laws.
(B) The lands and interests in lands within the boundaries
established at the Dixie Valley Training Area, as referred to in
paragraph (2), are hereby withdrawn from all forms of
appropriation under the public land laws, including the mining
laws and geothermal leasing laws, but not the mineral leasing
laws.
(C) The lands withdrawn by subparagraphs (A) and (B) are
reserved for use by the Secretary of the Navy for--
(i) testing and training for aerial bombing, missile
firing, and tactical maneuvering and air support; and
[[Page 113 STAT. 886]]
(ii) other defense-related purposes consistent with
the purposes specified in this subparagraph.
(2) Land description.--The public lands and interests in
lands withdrawn and reserved by this subsection comprise
approximately 204,953 acres of land in Churchill County, Nevada,
as generally depicted as ``Proposed Withdrawal Land'' and
``Existing Withdrawals'' on the map entitled ``Naval Air Station
Fallon Ranges--Proposed Withdrawal of Public Lands for Range
Safety and Training Purposes'', dated May 25, 1999, and filed in
accordance with section 3012.
(3) Relationship to other reservations.--
(A) B-16 range.--To the extent the withdrawal and
reservation made by paragraph (1) for the B-16 Range
withdraws lands currently withdrawn and reserved for use
by the Bureau of Reclamation, the reservation made by
that paragraph shall be the primary reservation for
public safety management actions only, and the existing
Bureau of Reclamation reservation shall be the primary
reservation for all other management actions.
(B) Shoal site.--The Secretary of Energy shall
remain responsible and liable for the subsurface estate
and all its activities at the ``Shoal Site'' withdrawn
and reserved by Public Land Order Number 2771, as
amended by Public Land Order Number 2834. The Secretary
of the Navy shall be responsible for the management and
use of the surface estate at the ``Shoal Site'' pursuant
to the withdrawal and reservation made by paragraph (1).
(4) Water <<NOTE: Effective date.>> rights.-- Effective as
of the date of the enactment of this Act, the Secretary of the
Navy shall ensure that the Navy complies with the portion of the
memorandum of understanding between the Department of the Navy
and the United States Fish and Wildlife Service dated July 26,
1995, requiring the Navy to limit water rights to the maximum
extent practicable, consistent with safety of operations, for
Naval Air Station Fallon, Nevada, currently not more than 4,402
acre-feet of water per year.
(b) Nellis Air Force Range, Nevada.--
(1) Department of air force.--Subject to valid existing
rights and except as otherwise provided in this subtitle, the
public lands described in paragraph (4) are hereby withdrawn
from all forms of appropriation under the public land laws,
including the mining laws and the mineral leasing and geothermal
leasing laws. Such lands are reserved for use by the Secretary
of the Air Force--
(A) as an armament and high hazard testing area;
(B) for training for aerial gunnery, rocketry,
electronic warfare, and tactical maneuvering and air
support;
(C) for equipment and tactics development and
testing; and
(D) for other defense-related purposes consistent
with the purposes specified in this paragraph.
(2) Department of energy.--
(A) Revocation.--Public Land Order Number 1662,
published in the Federal Register on June 26, 1958, is
hereby revoked in its entirety.
(B) Withdrawal.--Subject to valid existing rights,
all lands within the boundary of the area labeled
``Pahute
[[Page 113 STAT. 887]]
Mesa'' as generally depicted on the map referred to in
paragraph (4) are hereby withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and the mineral leasing and geothermal
leasing laws.
(C) Reservation.--The lands withdrawn under
subparagraph (B) are reserved for use by the Secretary
of Energy as an integral part of the Nevada Test Site.
Other provisions of this subtitle do not apply to the
land withdrawn and reserved under this paragraph, except
as provided in section 3017.
(3) Department of interior.--Notwithstanding the Desert
National Wildlife Refuge withdrawal and reservation made by
Executive Order No. 7373, dated May 20, 1936, as amended by
Public Land Order Number 4079, dated August 26, 1966, and Public
Land Order Number 7070, dated August 4, 1994, the lands depicted
as impact areas on the map referred to in paragraph (4) are,
upon completion of the transfers authorized in paragraph
(5)(F)(ii), transferred to the primary jurisdiction of the
Secretary of the Air Force, who shall manage the lands in
accordance with the memorandum of understanding referred to in
paragraph (5)(E). The Secretary of the Interior shall retain
secondary jurisdiction over the lands for wildlife conservation
purposes.
(4) Land description.--The public lands and interests in
lands withdrawn and reserved by paragraphs (1) and (2) comprise
approximately 2,919,890 acres of land in Clark, Lincoln, and Nye
Counties, Nevada, as generally depicted on the map entitled
``Nevada Test and Training Range, Proposed Withdrawal
Extension'', dated April 22, 1999, and filed in accordance with
section 3012.
(5) Desert national wildlife refuge.--
(A) Management.--During the period of withdrawal and
reservation of lands by this subtitle, the Secretary of
the Interior shall exercise administrative jurisdiction
over the Desert National Wildlife Refuge (except for the
lands referred to in this subsection) through the United
States Fish and Wildlife Service in accordance with the
National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.), this subtitle, and other
laws applicable to the National Wildlife Refuge System.
(B) Use of mineral materials.--Notwithstanding any
other provision of this subtitle or the Act of July 31,
1947 (commonly known as the Materials Act of 1947; 30
U.S.C. 601 et seq.), no mineral material resources may
be obtained from the parts of the Desert National
Wildlife Refuge that are not depicted as impact areas on
the map referred to in paragraph (4), except in
accordance with the procedures set forth in the
memorandum of understanding referred to in subparagraph
(E).
(C) Access restrictions.--If the Secretary of the
Air Force determines that military operations, public
safety, or national security require the closure to the
public of any road, trail, or other portion of the
Desert National Wildlife Refuge that is withdrawn by
this subtitle, the Secretary of the Interior shall take
action to effect and maintain such closure, including
agreeing to amend the
[[Page 113 STAT. 888]]
memorandum of understanding referred to in subparagraph
(E) to establish new or enhanced surface safety zones.
(D) Effect of subtitle.--Neither the withdrawal
under paragraph (1) nor any other provision of this
subtitle, except this subsection and subsections (a) and
(b) of section 3014, shall be construed to effect the
following:
(i) The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et
seq.) or any other law related to management of
the National Wildlife Refuge System.
(ii) Any Executive order or public land order
in effect on the date of the enactment of this Act
with respect to the Desert National Wildlife
Refuge.
(iii) Any memorandum of understanding between
the Secretary of the Interior and the Secretary of
the Air Force concerning the joint use of lands
withdrawn for use by the Air Force within the
external boundaries of the Desert National
Wildlife Refuge, except to the extent the
provisions of such memorandum of understanding are
inconsistent with the provisions of this subtitle,
in which case such memorandum of understanding
shall be reviewed and amended to conform to the
provisions of this title not later than 120 days
after the date of the enactment of this Act.
(E) Memorandum of understanding.--(i) The Secretary
of the Interior, in coordination with the Secretary of
the Air Force, shall manage the portion of the Desert
National Wildlife Refuge withdrawn by this subtitle,
except for the lands referred to in paragraph (3), for
the purposes for which the refuge was established, and
to support current and future military aviation training
needs consistent with the current memorandum of
understanding between the Department of the Air Force
and the Department of the Interior, including any
extension or other amendment of such memorandum of
understanding as provided under this subparagraph.
(ii) As part of the review of the existing
memorandum of understanding provided for in this
paragraph, the Secretary of the Interior and the
Secretary of the Air Force shall extend the memorandum
of understanding for a period that coincides with the
duration of the withdrawal of the lands constituting
Nellis Air Force Range under this subtitle.
(iii) Nothing in this paragraph shall be construed
as prohibiting the Secretary of the Interior and the
Secretary of the Air Force from revising the memorandum
of understanding at any future time should they mutually
agree to do so.
(iv) <<NOTE: Effective date.>> Amendments to the
memorandum of understanding shall take effect 90 days
after the date on which the Secretary of the Interior
submits notice of such amendments to the Committees on
Environment and Public Works, Energy and Natural
Resources, and Armed Services of the Senate and the
Committees on Resources and Armed Services of the House
of Representatives.
[[Page 113 STAT. 889]]
(F) Acquisition of replacement property.--(i) In
addition to any other amounts authorized to be
appropriated by section 3041, there are hereby
authorized to be appropriated to the Secretary of the
Air Force such sums as may be necessary for the
replacement of National Wildlife Refuge System lands in
Nevada covered by this subsection.
(ii) The Secretary of the Air Force may, using funds
appropriated pursuant to the authorization of
appropriations in clause (i) to--
(I) acquire lands, waters, or interests in
lands or waters in Nevada pursuant to clause (i)
which are acceptable to the Secretary of the
Interior, and transfer such lands to the Secretary
of the Interior; or
(II) transfer such funds to the Secretary of
the Interior for the purpose of acquiring such
lands.
(iii) The transfers authorized by clause (ii) shall
be deemed complete upon written notification from the
Secretary of the Interior to the Secretary of the Air
Force that lands, or funds, equal to the amount
appropriated pursuant to the authorization of
appropriations in clause (i) have been received by the
Secretary of the Interior from the Secretary of the Air
Force.
(c) Fort Greely and Fort Wainwright Training Ranges, Alaska.--
(1) Withdrawal and reservation.--Subject to valid existing
rights and except as otherwise provided in this subtitle, all
lands and interests in lands within the boundaries established
at the Fort Greely East and West Training Ranges and the Yukon
Training Range of Fort Wainwright, as referred to in paragraph
(2), are hereby withdrawn from all forms of appropriation under
the public land laws, including the mining laws and the mineral
leasing and geothermal leasing laws. Such lands are reserved for
use by the Secretary of the Army for--
(A) military maneuvering, training, and equipment
development and testing;
(B) training for aerial gunnery, rocketry,
electronic warfare, and tactical maneuvering and air
support; and
(C) other defense-related purposes consistent with
the purposes specified in this paragraph.
(2) Land description.--The public lands and interests in
lands withdrawn and reserved by this subsection comprise
approximately 869,862 acres of land in the Fairbanks North Star
Borough and the Unorganized Borough, Alaska, as generally
depicted on the map entitled ``Fort Wainwright and Fort Greely
Regional Context Map'', dated June 3, 1987, and filed in
accordance with section 3012.
(d) McGregor Range, Fort Bliss, New Mexico.--
(1) Withdrawal and reservation.--Subject to valid existing
rights and except as otherwise provided in this subtitle, all
lands and interests in lands within the boundaries established
at the McGregor Range of Fort Bliss, as referred to in paragraph
(2), are hereby withdrawn from all forms of appropriation under
the public land laws, including the mining laws and the mineral
leasing and geothermal leasing laws. Such lands are reserved for
use by the Secretary of the Army for--
[[Page 113 STAT. 890]]
(A) military maneuvering, training, and equipment
development and testing;
(B) training for aerial gunnery, rocketry,
electronic warfare, and tactical maneuvering and air
support associated with the Air Force Tactical Target
Complex; and
(C) other defense-related purposes consistent with
the purposes specified in this paragraph.
(2) Land description.--The public lands and interests in
lands withdrawn and reserved by this subsection comprise 608,385
acres of land in Otero County, New Mexico, as generally depicted
on the map entitled ``McGregor Range Withdrawal'', dated June 3,
1999, and filed in accordance with section 3012.
SEC. 3012. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing.--As soon as practicable after the date
of the enactment of this Act, the Secretary of the Interior shall--
(1) <<NOTE: Federal Register, publication.>> publish in the
Federal Register a notice containing the legal description of
the lands withdrawn and reserved by this subtitle; and
(2) file maps and the legal descriptions of the lands
withdrawn and reserved by this subtitle with the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(b) Technical Corrections.--Such maps and legal descriptions shall
have the same force and effect as if included in this subtitle, except
that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such maps and
legal descriptions shall be available for public inspection in the
offices of the Director and appropriate State Directors and field office
managers of the Bureau of Land Management, the office of the commander,
Naval Air Station Fallon, Nevada, the offices of the Director and
appropriate Regional Directors of the United States Fish and Wildlife
Service, the office of the commander, Nellis Air Force Base, Nevada, the
office of the commander, Fort Bliss, Texas, the office of the commander,
Fort Greely, Alaska, the office of the commander, Fort Wainwright,
Alaska, and the Office of the Secretary of Defense.
(d) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary of the Interior for any costs incurred by the Secretary of the
Interior in implementing this section.
SEC. 3013. TERMINATION OF WITHDRAWALS IN MILITARY LANDS WITHDRAWAL
ACT OF 1986.
Except as otherwise provided in this title, the withdrawals made by
the Military Lands Withdrawal Act of 1986 (Public Law 99-606) shall
terminate after November 6, 2001.
SEC. 3014. MANAGEMENT OF LANDS.
(a) Management by Secretary of Interior.--
(1) Applicable law.--During the period of the withdrawal of
lands under this subtitle, the Secretary of the Interior shall
manage the lands withdrawn by section 3011 pursuant to the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.), other applicable law, and this subtitle. The Secretary
shall manage the lands within the Desert National Wildlife
Refuge in accordance with the National Wildlife Refuge
[[Page 113 STAT. 891]]
System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and
other applicable law. No provision of this subtitle, except
sections 3011(b)(5)(D), 3020, and 3021, shall apply to the
management of the Desert National Wildlife Refuge.
(2) Activities authorized.--To the extent consistent with
applicable law and Executive orders, the lands withdrawn by
section 3011 may be managed in a manner permitting--
(A) the continuation of grazing where permitted on
the date of the enactment of this Act;
(B) the protection of wildlife and wildlife habitat;
(C) the control of predatory and other animals;
(D) recreation; and
(E) the prevention and appropriate suppression of
brush and range fires resulting from nonmilitary
activities.
(3) Nonmilitary uses.--
(A) In general.--All nonmilitary use of the lands
referred to in paragraph (2), other than the uses
described in that paragraph, shall be subject to such
conditions and restrictions as may be necessary to
permit the military use of such lands for the purposes
specified in or authorized pursuant to this subtitle.
(B) Leases, easements, and rights-of-way.--The
Secretary of the Interior may issue a lease, easement,
right-of-way, or other authorization with respect to the
nonmilitary use of lands referred to in paragraph (2)
only with the concurrence of the Secretary of the
military department concerned.
(b) Closure to Public.--
(1) In general.--If the Secretary of the military department
concerned determines that military operations, public safety, or
national security require the closure to public use of any road,
trail, or other portion of lands withdrawn by this subtitle,
that Secretary may take such action as that Secretary determines
necessary or desirable to effect and maintain such closure.
(2) Limitations.--Any closure under paragraph (1) shall be
limited to the minimum areas and periods which the Secretary of
the military department concerned determines are required to
carry out this subsection.
(3) Notice.--Before and during any closure under this
subsection, the Secretary of the military department concerned
shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public
concerning such closure.
(c) Management Plan.--The Secretary of the Interior, after
consultation with the Secretary of the military department concerned,
shall develop a plan for the management of each area withdrawn by
section 3011 during the period of withdrawal under this subtitle. Each
plan shall--
(1) be consistent with applicable law;
(2) be subject to the conditions and restrictions specified
in subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
[[Page 113 STAT. 892]]
(4) be developed not later than two years after the date of
the enactment of this Act.
(d) Brush and Range Fires.--
(1) In general.--The Secretary of the military department
concerned shall take necessary precautions to prevent and
suppress brush and range fires occurring within and outside
lands withdrawn by section 3011 as a result of military
activities and may seek assistance from the Bureau of Land
Management in the suppression of such fires.
(2) Assistance.--Each memorandum of understanding required
by subsection (e) shall--
(A) require the Bureau of Land Management to provide
assistance in the suppression of fires under paragraph
(1) upon the request of the Secretary of the military
department concerned; and
(B) provide for a transfer of funds from the
military department concerned to the Bureau of Land
Management as compensation for any assistance so
provided.
(e) Memorandum of Understanding.--
(1) Requirement.--The Secretary of the Interior and the
Secretary of the military department concerned shall, with
respect to each lands withdrawn by section 3011, enter into a
memorandum of understanding to implement the management plan for
such lands under subsection (c).
(2) Duration.--The duration of any memorandum of
understanding for lands withdrawn by section 3011 shall be the
same as the period of the withdrawal of such lands under this
subtitle.
(f) Additional Military Uses.--
(1) In general.--Lands withdrawn by section 3011 (except
lands within the Desert National Wildlife Refuge) may be used
for defense-related purposes other than those specified in the
applicable provisions of such section.
(2) Notice.--The Secretary of Defense shall promptly notify
the Secretary of the Interior in the event that lands withdrawn
by this subtitle will be used for defense-related purposes other
than those specified in the applicable provisions of section
3011.
(3) Contents of notice.--A notice under paragraph (2) shall
indicate the additional use or uses involved, the proposed
duration of such use or uses, and the extent to which such use
or uses will require that additional or more stringent
conditions or restrictions be imposed on otherwise permitted
nonmilitary uses of the lands concerned, or portions thereof.
SEC. 3015. DURATION OF WITHDRAWAL AND RESERVATION.
(a) General Termination Date.--The withdrawal and reservation of
lands by section 3011 shall terminate 25 years after November 6, 2001,
except as otherwise provided in this subtitle and except for the
withdrawals provided for under subsections (a) and (b) of section 3011
which shall terminate 20 years after November 6, 2001.
(b) Commencement Date for Certain Lands.--As to the lands withdrawn
for military purposes by section 3011, but not withdrawn for military
purposes by section 1 of the Military Lands Withdrawal Act of 1986
(Public Law 99-606), the withdrawal of such lands shall become effective
on the date of the enactment of this Act.
[[Page 113 STAT. 893]]
(c) Opening <<NOTE: Federal Register, publication.>> Date.--On the
date of the termination of the withdrawal and reservation of lands under
this subtitle, such lands shall not be open to any form of appropriation
under the public land laws, including the mineral laws and the mineral
leasing and geothermal leasing laws, until the Secretary of the Interior
publishes in the Federal Register an appropriate order stating the date
upon which such lands shall be restored to the public domain and opened.
SEC. 3016. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.
(a) In General.--Not later than three years before the termination
date of the initial withdrawal and reservation of lands under this
subtitle, the Secretary of the military department concerned shall
notify Congress and the Secretary of the Interior concerning whether the
military department will have a continuing military need after such
termination date for all or any portion of such lands.
(b) Duties Regarding Continuing Military Need.--
(1) In general.--If the Secretary of the military department
concerned determines that there will be a continuing military
need for any lands withdrawn by this subtitle, the Secretary of
the military department concerned shall--
(A) consult with the Secretary of the Interior
concerning any adjustments to be made to the extent of,
or to the allocation of management responsibility for,
such lands; and
(B) file with the Secretary of the Interior, within
one year after the notice required by subsection (a), an
application for extension of the withdrawal and
reservation of such lands.
(2) Application for extension.--Notwithstanding any general
procedure of the Department of the Interior for processing
Federal land withdrawals, an application for extension under
paragraph (1) shall be considered complete if the application
includes the following:
(A) The information required by section 3 of the
Engle Act (43 U.S.C. 157), except that no information
shall be required concerning the use or development of
mineral, timber, or grazing resources unless, and to the
extent, the Secretary of the military department
concerned proposes to use or develop such resources
during the period of extension.
(B) A copy of the most recent report prepared in
accordance with the Sikes Act (16 U.S.C. 670 et seq.).
(c) Legislative Proposals.--The Secretary of the Interior and the
Secretary of the military department concerned shall ensure that any
legislative proposal for the extension of the withdrawal and reservation
of lands under this subtitle is submitted to Congress not later than May
1 of the year preceding the year in which the withdrawal and reservation
of such lands would otherwise terminate under this subtitle.
(d) Notice of Intent Regarding Relinquishment.--If during the period
of the withdrawal and reservation of lands under this subtitle, the
Secretary of the military department concerned decides to relinquish all
or any of the lands withdrawn and reserved by section 3011, such
Secretary shall transmit a notice of intent to relinquish such lands to
the Secretary of the Interior.
[[Page 113 STAT. 894]]
SEC. 3017. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawal of lands
under this subtitle, the Secretary of the military department concerned
shall, to the extent funds are available for such purpose, maintain a
program of decontamination of such lands consistent with applicable
Federal and State law.
(b) Reports.--
(1) Requirement.--Not <<NOTE: Deadline.>> later than 45 days
after the date on which the President transmits to Congress the
President's proposed budget for any fiscal year beginning after
the date of the enactment of this Act, the Secretary of each
military department shall transmit to the Committees on
Appropriations, Armed Services, and Energy and Natural Resources
of the Senate and the Committees on Appropriations, Armed
Services, and Resources of the House of Representatives a
description of the decontamination efforts undertaken on lands
under this subtitle under the jurisdiction of such Secretary
during the previous fiscal year and the decontamination
activities proposed to be undertaken on such lands during the
next fiscal year.
(2) Report elements.--Each report shall specify the
following:
(A) Amounts appropriated and obligated or expended
for decontamination of such lands.
(B) The methods used to decontaminate such lands.
(C) The amounts and types of decontaminants removed
from such lands.
(D) The estimated types and amounts of residual
contamination on such lands.
(E) An estimate of the costs for full
decontamination of such lands and the estimate of the
time to complete such decontamination.
(c) Decontamination Before Relinquishment.--
(1) Duties before notice of intent to relinquish.--Before
transmitting a notice of intent to relinquish lands under
section 3016(d), the Secretary of Defense, acting through the
Secretary of the military department concerned, shall prepare a
written determination concerning whether and to what extent such
lands are contaminated with explosive, toxic, or other hazardous
materials.
(2) Determination accompanies notice.--A copy of any
determination prepared with respect to lands under paragraph (1)
shall be transmitted together with the notice of intent to
relinquish such lands under section 3016(d).
(3) Publication <<NOTE: Federal Register, publication.>> of
notice and determination.--The Secretary of the Interior shall
publish in the Federal Register a copy of any notice of intent
to relinquish and determination concerning the contaminated
state of the lands that is transmitted under this subsection.
(d) Alternatives to Decontamination Before Relinquishment.--If the
Secretary of the Interior, after consultation with the Secretary of the
military department concerned, determines that decontamination of any
land which is the subject of a notice of intent to relinquish under
section 3016(d) is not practicable or economically feasible, or that
such land cannot be decontaminated sufficiently to be opened to the
operation of some or all of the public land laws, or if Congress does
not appropriate sufficient
[[Page 113 STAT. 895]]
funds for the decontamination of such land, the Secretary of the
Interior shall not be required to accept such land for relinquishment.
(e) Status of Contaminated Lands.--If because of their contaminated
state the Secretary of the Interior declines to accept jurisdiction over
lands withdrawn by this subtitle which have been proposed for
relinquishment, or if at the expiration of the withdrawal of such lands
by this subtitle the Secretary of the Interior determines that some of
such lands are contaminated to an extent which prevents opening such
lands to operation of the public land laws--
(1) the Secretary of the military department concerned shall
take appropriate steps to warn the public of the contaminated
state of such lands and any risks associated with entry onto
such lands;
(2) after the expiration of the withdrawal of such lands
under this subtitle, the Secretary of the military department
concerned shall undertake no activities on such lands except in
connection with decontamination of such lands; and
(3) the Secretary of the military department concerned shall
submit to the Secretary of the Interior and Congress a report on
the status of such lands and all actions taken under this
subsection.
(f) Revocation Authority.--
(1) Authority.--Notwithstanding any other provision of law,
the Secretary of the Interior, upon deciding that it is in the
public interest to accept jurisdiction over lands proposed for
relinquishment under section 3016(d), may revoke the withdrawal
and reservation of lands under this subtitle as it applies to
such lands.
(2) Order.--Should <<NOTE: Federal Register,
publication.>> a decision be made to revoke the withdrawal and
reservation of lands under paragraph (1), the Secretary of the
Interior shall publish in the Federal Register an appropriate
order which shall--
(A) terminate the withdrawal and reservation of such
lands under this subtitle;
(B) constitute official acceptance of full
jurisdiction over such lands by the Secretary of the
Interior; and
(C) state the date on which such lands will be
opened to the operation of some or all of the public
lands laws, including the mining laws.
SEC. 3018. DELEGATION.
(a) Military Departments.--The functions of the Secretary of
Defense, or of the Secretary of a military department, under this
subtitle may be delegated.
(b) Department of Interior.--The functions of the Secretary of the
Interior under this subtitle may be delegated, except that an order
described in section 3017(f)(2) may be approved and signed only by the
Secretary of the Interior, the Under Secretary of the Interior, or an
Assistant Secretary of the Interior.
SEC. 3019. WATER RIGHTS.
Nothing in this subtitle shall be construed to establish a
reservation to the United States with respect to any water or water
right on lands covered by section 3011. No provision of this subtitle
shall be construed as authorizing the appropriation of water on lands
covered by section 3011 by the United States after the date of the
enactment of this Act, except in accordance with the law
[[Page 113 STAT. 896]]
of the State in which such lands are located. This section shall not be
construed to affect water rights acquired by the United States before
the date of the enactment of this Act.
SEC. 3020. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on lands withdrawn by this
subtitle shall be conducted in accordance with the provisions of section
2671 of title 10, United States Code, except that hunting, fishing, and
trapping within the Desert National Wildlife Refuge shall be conducted
in accordance with the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation Use of Wildlife
Areas Act of 1969 (16 U.S.C. 460k et seq.), and other laws applicable to
the National Wildlife Refuge System.
SEC. 3021. MINING AND MINERAL LEASING.
(a) Determination of Lands Suitable for Opening.--
(1) Determination.--As soon as practicable after the date of
the enactment of this Act and at least every five years
thereafter, the Secretary of the Interior shall determine, with
the concurrence of the Secretary of the military department
concerned, which public and acquired lands covered by section
3011 the Secretary of the Interior considers suitable for
opening to the operation of the Mining Law of 1872, the Mineral
Lands Leasing Act of 1920, the Mineral Leasing Act for Acquired
Lands of 1947, the Geothermal Steam Act of 1970, or any one or
more of such Acts.
(2) Exceptions.--The Secretary of the Interior may not make
any determination otherwise required under paragraph (1) with
respect to lands contained within the Desert National Wildlife
Refuge in Nevada.
(3) Notice.--The <<NOTE: Federal Register,
publication.>> Secretary of the Interior shall publish a notice
in the Federal Register listing the lands determined suitable
for opening under this subsection and specifying the opening
date for such lands.
(b) Opening <<NOTE: Federal Register, publication.>> Lands.--On the
date specified by the Secretary of the Interior in a notice published in
the Federal Register under subsection (a), the land identified under
that subsection as suitable for opening to the operation of one or more
of the laws specified in that subsection shall automatically be open to
the operation of such laws without the necessity for further action by
the Secretary or Congress.
(c) Exception for Common Varieties.--No deposit of minerals or
materials of the types identified by section 3 of the Act of July 23,
1955 (69 Stat. 367), whether or not included in the term ``common
varieties'' in that Act, shall be subject to location under the Mining
Law of 1872 on lands covered by section 3011.
(d) Regulations.--The Secretary of the Interior, with the advice and
concurrence of the Secretary of the military department concerned, shall
prescribe such regulations to carry out this section as may be necessary
to assure safe, uninterrupted, and unimpeded use of the lands covered by
section 3011 for military purposes. Such regulations shall also contain
guidelines to assist mining claimants in determining how much, if any,
of the surface of any lands opened pursuant to this section may be used
for purposes incident to mining.
(e) Closure of Mining Lands.--In the event of a national emergency
or for purposes of national defense or security, the
[[Page 113 STAT. 897]]
Secretary of the Interior, at the request of the Secretary of the
military department concerned, shall close any lands that have been
opened to mining or to mineral or geothermal leasing pursuant to this
section.
(f) Laws Governing Mining on Withdrawn Lands.--
(1) In general.--Except as otherwise provided in this
subtitle, mining claims located pursuant to this subtitle shall
be subject to the provisions of the mining laws. In the event of
a conflict between such laws and this subtitle, this subtitle
shall prevail.
(2) Regulation under flpma.--Any mining claim located under
this subtitle shall be subject to the provisions of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(g) Patents.--
(1) In general.--Patents issued pursuant to this subtitle
for locatable minerals shall convey title to locatable minerals
only, together with the right to use so much of the surface as
may be necessary for purposes incident to mining under the
guidelines for such use established by the Secretary of the
Interior by regulation.
(2) Reservation.--All patents referred to in paragraph (1)
shall contain a reservation to the United States of the surface
of all lands patented and of all nonlocatable minerals on such
lands.
(3) Locatable minerals.--For purposes of this subsection,
all minerals subject to location under the Mining Law of 1872
are referred to as ``locatable minerals''.
SEC. 3022. USE OF MINERAL MATERIALS.
Notwithstanding any other provision of this subtitle (except as
provided in section 3011(b)(5)(B)), or the Act of July 31, 1947
(commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.),
the Secretary of the military department concerned may use sand, gravel,
or similar mineral material resources of the type subject to disposition
under that Act from lands withdrawn and reserved by this subtitle if use
of such resources is required for construction needs on such lands.
SEC. 3023. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof shall be
held harmless and shall not be liable for any injuries or damages to
persons or property suffered in the course of any mining or mineral or
geothermal leasing activity conducted on lands covered by section 3011.
Subtitle B--Withdrawals in Arizona
SEC. 3031. BARRY M. GOLDWATER RANGE, ARIZONA.
(a) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights and except
as otherwise provided in this title, all lands and interests in
lands within the boundaries established at the Barry M.
Goldwater Range, referred to in paragraph (3), are hereby
withdrawn from all forms of appropriation under the general land
laws, including the mining laws and the mineral leasing and
geothermal leasing laws, and jurisdiction over such lands
[[Page 113 STAT. 898]]
and interests in lands is hereby transferred to the Secretary of
the Navy and the Secretary of the Air Force.
(2) Reservation.--The lands withdrawn by paragraph (1) for
the Barry M. Goldwater Range--East are reserved for use by the
Secretary of the Air Force, and for the Barry M. Goldwater
Range--West are reserved for use by the Secretary of the Navy,
for--
(A) an armament and high-hazard testing area;
(B) training for aerial gunnery, rocketry,
electronic warfare, and tactical maneuvering and air
support;
(C) equipment and tactics development and testing;
and
(D) other defense-related purposes consistent with
the purposes specified in this paragraph.
(3) Land description.--The public lands and interests in
lands withdrawn and reserved by this subsection comprise
approximately 1,650,200 acres of land in Maricopa, Pima, and
Yuma Counties, Arizona, as generally depicted on the map
entitled ``Barry M. Goldwater Range Land Withdrawal'', dated
June 17, 1999, and filed in accordance with section 3033.
(4) Termination of current withdrawal.--Except as otherwise
provided in section 3032, as to the lands withdrawn by section
1(c) of the Military Lands Withdrawal Act of 1986 (Public Law
99-606), but not withdrawn for military purposes by this
section, the withdrawal of such lands under that Act shall not
terminate until after November 6, 2001, or until the
relinquishment by the Secretary of the Air Force of such lands
is accepted by the Secretary of the Interior. The withdrawal
under that Act with respect to the Cabeza Prieta National
Wildlife Refuge shall terminate on the date of the enactment of
this Act.
(5) Changes in use.--The Secretary of the Navy and the
Secretary of the Air Force shall consult with the Secretary of
the Interior before using the lands withdrawn and reserved by
this section for any purpose other than the purposes specified
in paragraph (2).
(6) Indian tribes.--Nothing in this section shall be
construed as altering any rights reserved for Indians by treaty
or Federal law.
(7) Study.--(A) The Secretary of the Interior, in
coordination with the Secretary of Defense, shall conduct a
study of the lands referred to in subparagraph (C) that have
important aboriginal, cultural, environmental, or archaeological
significance in order to determine the appropriate method to
manage and protect such lands following relinquishment of such
lands by the Secretary of the Air Force. The study shall
consider whether such lands can be better managed by the Federal
Government or through conveyance of such lands to another
appropriate entity.
(B) In carrying out the study required by subparagraph (A),
the Secretary of the Interior shall work with the affected
tribes and other Federal and State agencies having experience
and knowledge of the matters covered by the study, including all
applicable laws relating to the management of the resources
referred to in subparagraph (A) on the lands referred to in that
subparagraph.
[[Page 113 STAT. 899]]
(C) The lands referred to in subparagraph (A) are four
tracts of land currently included within the military land
withdrawal for the Barry M. Goldwater Air Force Range in the
State of Arizona, but that have been identified by the Air Force
as unnecessary for military purposes in the Air Force's Draft
Legislative Environmental Impact Statement, dated September
1998, and are depicted in figure 2-1 at page 2-7 of such
statement, as amended by figure A at page 177 of volume 2 of the
Air Force's Final Legislative Environmental Impact Statement,
dated March 1999, as the following:
(i) Area 1 (the Sand Tank Mountains) containing
approximately 83,554 acres.
(ii) Area 9 (the Sentinel Plain) containing
approximately 24,756 acres.
(iii) Area 13 (lands surrounding the Ajo Airport)
containing approximately 2,779 acres.
(iv) Interstate 8 Vicinity Non-renewal Area
containing approximately 1,090 acres.
(D) <<NOTE: Deadline.>> Not later than one year after the
date of the enactment of this Act, the Secretary of the Interior
shall submit to Congress a report containing the results of the
study required by subparagraph (A).
(b) Management of Withdrawn and Reserved Lands.--
(1) General management authority.--(A) During the period of
the withdrawal and reservation of lands by this section, the
Secretary of the Navy and the Secretary of the Air Force shall
manage the lands withdrawn and reserved by this section for the
military purposes specified in this section, and in accordance
with the integrated natural resource management plan prepared
pursuant to paragraph (3).
(B) Responsibility for the natural and cultural resources
management of the lands referred to in subparagraph (A), and the
enforcement of Federal laws related thereto, shall not transfer
under that subparagraph before the earlier of--
(i) the date on which the integrated natural
resources management plan required by paragraph (3) is
completed; or
(ii) November 6, 2001.
(C) The Secretary of the Interior may, if appropriate,
transfer responsibility for the natural and cultural resources
of the lands referred to in subparagraph (A) to the Department
of the Interior pursuant to paragraph (7).
(2) Access restrictions.--(A) If the Secretary of the Navy
or the Secretary of the Air Force determines that military
operations, public safety, or national security require the
closure to the public of any road, trail, or other portion of
lands withdrawn and reserved by this section, the Secretary of
the Navy or the Secretary of the Air Force may take such action
as the Secretary of the Navy or the Secretary of the Air Force
determines necessary or desirable to effect and maintain such
closure.
(B) Any closure under this paragraph shall be limited to the
minimum areas and periods that the Secretary of the Navy or the
Secretary of the Air Force determines are required for the
purposes specified in subparagraph (A).
(C) Before any nonemergency closure under this paragraph not
specified in the integrated natural resources management
[[Page 113 STAT. 900]]
plan required by paragraph (3), the Secretary of the Navy or the
Secretary of the Air Force shall consult with the Secretary of
the Interior and, where such closure may affect tribal lands,
treaty rights, or sacred sites, the Secretary of the Navy or the
Secretary of the Air Force shall consult, at the earliest
practicable time, with affected Indian tribes.
(D) Immediately before and during any closure under this
paragraph, the Secretary of the Navy or the Secretary of the Air
Force shall post appropriate warning notices and take other
steps, as necessary, to notify the public of such closure.
(3) Integrated natural resources management plan.--
(A) <<NOTE: Deadline.>> Not later than two years after the date
of the enactment of this Act, the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary of the Interior
shall jointly prepare an integrated natural resources management
plan for the lands withdrawn and reserved by this section.
(B) The Secretary of the Navy and the Secretary of the
Interior may jointly prepare a separate plan pursuant to this
paragraph.
(C) Any disagreement concerning the contents of a plan under
this paragraph, or any subsequent amendments to the plan, shall
be resolved by the Secretary of the Navy for the West Range and
the Secretary of the Air Force for the East Range, after
consultation with the Secretary of the Interior through the
State Director, Bureau of Land Management and, as appropriate,
the Regional Director, United States Fish and Wildlife Service.
This authority may be delegated to the installation commanders.
(D) Any plan under this paragraph shall be prepared and
implemented in accordance with the Sikes Act (16 U.S.C. 670 et
seq.) and the requirements of this section.
(E) A plan under this paragraph for lands withdrawn and
reserved by this section shall--
(i) include provisions for proper management and
protection of the natural and cultural resources of such
lands, and for sustainable use by the public of such
resources to the extent consistent with the military
purposes for which such lands are withdrawn and reserved
by this section;
(ii) be developed in consultation with affected
Indian tribes and include provisions that address how
the Secretary of the Navy and the Secretary of the Air
Force intend to--
(I) meet the trust responsibilities of the
United States with respect to Indian tribes,
lands, and rights reserved by treaty or Federal
law affected by the withdrawal and reservation;
(II) allow access to and ceremonial use of
sacred sites to the extent consistent with the
military purposes for which such lands are
withdrawn and reserved; and
(III) provide for timely consultation with
affected Indian tribes;
(iii) provide that any hunting, fishing, and
trapping on such lands be conducted in accordance with
the provisions of section 2671 of title 10, United
States Code;
[[Page 113 STAT. 901]]
(iv) provide for continued livestock grazing and
agricultural out-leasing where it currently exists in
accordance with the provisions of section 2667 of title
10, United States Code, and at the discretion of the
Secretary of the Navy or the Secretary of the Air Force,
as the case may be;
(v) identify current test and target impact areas
and related buffer or safety zones;
(vi) provide that the Secretary of the Navy and the
Secretary of the Air Force--
(I) shall take necessary actions to prevent,
suppress, and manage brush and range fires
occurring within the boundaries of the Barry M.
Goldwater Range, as well as brush and range fires
occurring outside the boundaries of the Barry M.
Goldwater Range resulting from military
activities; and
(II) may obligate funds appropriated or
otherwise available to the Secretaries to enter
into memoranda of understanding, and cooperative
agreements that shall reimburse the Secretary of
the Interior for costs incurred under this clause;
(vii) provide that all gates, fences, and barriers
constructed on such lands after the date of the
enactment of this Act be designed and erected to allow
wildlife access, to the extent practicable and
consistent with military security, safety, and sound
wildlife management use;
(viii) incorporate any existing management plans
pertaining to such lands, to the extent that the
Secretary of the Navy, the Secretary of the Air Force,
and the Secretary of the Interior, upon reviewing such
plans, mutually determine that incorporation of such
plans into a plan under this paragraph is appropriate;
(ix) include procedures to ensure that the periodic
reviews of the plan under the Sikes Act are conducted
jointly by the Secretary of the Navy, the Secretary of
the Air Force, and the Secretary of the Interior, and
that affected States and Indian tribes, and the public,
are provided a meaningful opportunity to comment upon
any substantial revisions to the plan that may be
proposed; and
(x) provide procedures to amend the plan as
necessary.
(4) Memoranda of understanding and cooperative agreements.--
(A) The Secretary of the Navy and the Secretary of the Air Force
may enter into memoranda of understanding or cooperative
agreements with the Secretary of the Interior or other
appropriate Federal, State, or local agencies, Indian tribes, or
other public or private organizations or institutions for
purposes of implementing an integrated natural resources
management plan prepared under paragraph (3).
(B) Any memorandum of understanding or cooperative agreement
under subparagraph (A) affecting integrated natural resources
management may be combined, where appropriate, with any other
memorandum of understanding or cooperative agreement entered
into under this subtitle, and shall not be subject to the
provisions of chapter 63 of title 31, United States Code.
[[Page 113 STAT. 902]]
(5) Public reports.--(A)(i) Concurrent with each review of
the integrated natural resources management plan under paragraph
(3) pursuant to subparagraph (E)(ix) of that paragraph, the
Secretary of the Navy, the Secretary of the Air Force, and the
Secretary of the Interior shall jointly prepare and issue a
report describing changes in the condition of the lands
withdrawn and reserved by this section from the later of the
date of any previous report under this paragraph or the date of
the environmental impact statement prepared to support this
section.
(ii) Any report under clause (i) shall include a summary of
current military use of the lands referred to in that clause,
any changes in military use of the lands since the previous
report, and efforts related to the management of natural and
cultural resources and environmental remediation of the lands
during the previous five years.
(iii) Any report under this subparagraph may be combined
with any report required by the Sikes Act.
(iv) Any disagreements concerning the contents of a report
under this subparagraph shall be resolved by the Secretary of
the Navy and the Secretary of the Air Force. This authority may
be delegated to the installation commanders.
(B)(i) Before the finalization of any report under this
paragraph, the Secretary of the Navy, the Secretary of the Air
Force, and the Secretary of the Interior shall invite interested
members of the public to review and comment on the report, and
shall hold at least one public meeting concerning the report in
a location or locations reasonably accessible to persons who may
be affected by management of the lands addressed by the report.
(ii) <<NOTE: Federal Register, publication.>> Each public
meeting under clause (i) shall be announced not less than 15
days before the date of the meeting by advertisements in local
newspapers of general circulation, publication of an
announcement in the Federal Register, and any other means
considered necessary.
(C) The final version of any report under this paragraph
shall be made available to the public and submitted to
appropriate committees of Congress.
(6) Intergovernmental <<NOTE: Deadline.>> executive
committee.--(A) Not later than two years after the date of the
enactment of this Act, the Secretary of the Navy, the Secretary
of the Air Force, and the Secretary of the Interior shall, by
memorandum of understanding, establish an intergovernmental
executive committee comprised of selected representatives from
interested Federal agencies, as well as at least one elected
officer (or other authorized representative) from State
government and at least one elected officer (or other authorized
representative) from each local and tribal government as may be
designated at the discretion of the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary of the Interior.
(B) The intergovernmental executive committee shall be
established solely for the purpose of exchanging views,
information, and advice relating to the management of the
natural and cultural resources of the lands withdrawn and
reserved by this section.
[[Page 113 STAT. 903]]
(C) The intergovernmental executive committee shall operate
in accordance with the terms set forth in the memorandum of
understanding under subparagraph (A), which shall specify the
Federal agencies and elected officers or representatives of
State, local, and tribal governments to be invited to
participate.
(D) The memorandum of understanding under subparagraph (A)
shall establish procedures for creating a forum for exchanging
views, information, and advice relating to the management of
natural and cultural resources on the lands concerned,
procedures for rotating the chair of the intergovernmental
executive committee, and procedures for scheduling regular
meetings.
(E) The Secretary of the Navy and the Secretary of
the Air Force shall, in consultation with the Secretary of the
Interior, appoint an individual to serve as coordinator of the
intergovernmental executive committee. The duties of the
coordinator shall be included in the memorandum of understanding
under subparagraph (A). The coordinator shall not be a member of
the committee.
(7) Transfer of management responsibility.--(A)(i) If the
Secretary of the Interior determines that the Secretary of the
Navy or the Secretary of the Air Force has failed to manage
lands withdrawn and reserved by this section for military
purposes in accordance with the integrated natural resource
management plan for such lands under paragraph (3), and that
failure to do so is resulting in significant and verifiable
degradation of the natural or cultural resources of such lands,
the Secretary of the Interior shall give the Secretary of the
Navy or the Secretary of the Air Force, as the case may be,
written notice of such determination, a description of the
deficiencies in management practices by the Secretary of the
Navy or the Secretary of the Air Force, as the case may be, and
an explanation of the methodology employed in reaching the
determination.
(ii) <<NOTE: Deadline.>> Not later than 60 days after the
date a notification under clause (i) is received, the Secretary
of the Navy or the Secretary of the Air Force, as the case may
be, shall submit a response to the Secretary of the Interior,
which response may include a plan of action for addressing any
deficiencies identified in the notice in the conduct of
management responsibility and for preventing further significant
degradation of the natural or cultural resources of the lands
concerned.
(iii) If, not earlier than three months after the date a
notification under clause (i) is received, the Secretary of the
Interior determines that deficiencies identified in the notice
are not being corrected, and that significant and verifiable
degradation of the natural or cultural resources of the lands
concerned is continuing, the Secretary of the Interior may, not
earlier than 90 days after the date on which the Secretary of
the Interior submits to the committees referred to in section
3032(d)(3) notice and a report on the determination, transfer
management responsibility for the natural and cultural resources
of such lands from the Secretary of the Navy or the Secretary of
the Air Force, as the case may be, to the Secretary of the
Interior in accordance with a schedule for such transfer
established by the Secretary of the Interior.
[[Page 113 STAT. 904]]
(B) After a transfer of management responsibility pursuant
to subparagraph (A), the Secretary of the Interior may transfer
management responsibility back to the Secretary of the Navy or
the Secretary of the Air Force if the Secretary of the Interior
determines that adequate procedures and plans have been
established to ensure that the lands concerned will be
adequately managed by the Secretary of the Navy or the Secretary
of the Air Force, as the case may be, in accordance with the
integrated natural resources management plan for such lands
under paragraph (3).
(C) For any period during which the Secretary of the
Interior has management responsibility under this paragraph for
lands withdrawn and reserved by this section, the integrated
natural resources management plan for such lands under paragraph
(3), including any amendments to the plan, shall remain in
effect, pending the development of a management plan prepared
pursuant to the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.), in cooperation with the Secretary of
the Navy or the Secretary of the Air Force.
(D) Assumption by the Secretary of the Interior pursuant to
this paragraph of management responsibility for the natural and
cultural resources of lands shall not affect the use of such
lands for military purposes, and the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, shall
continue to direct military activities on such lands.
(8) Payment for services.--The Secretary of the Navy and the
Secretary of the Air Force shall assume all costs for
implementation of an integrated natural resources management
plan under paragraph (3), including payment to the Secretary of
the Interior under section 1535 of title 31, United States Code,
for any costs the Secretary of the Interior incurs in providing
goods or services to assist the Secretary of the Navy or the
Secretary of the Air Force, as the case may be, in the
implementation of the integrated natural resources management
plan.
(9) Definitions.--In this subsection:
(A) The term ``Indian tribe'' means an Indian or
Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479 et seq.).
(B) The term ``sacred site'' means any specific,
discrete, narrowly delineated location on Federal land
that is identified by an Indian tribe, or its designee,
as sacred by virtue of its established religious
significance to, or ceremonial use by, an Indian
religion, but only to the extent that the tribe or its
designee, has informed the Secretary of the Navy or the
Secretary of the Air Force of the existence of such
site. Neither the Secretary of the Department of
Defense, the Secretary of the Navy, the Secretary of the
Air Force, nor the Secretary of the Interior shall be
required under section 552 of title 5, United States
Code, to make available to the public any information
concerning the location, character, or use of any
traditional Indian religious or sacred site located on
lands withdrawn and reserved by this subsection.
(c) Environmental Requirements.--
[[Page 113 STAT. 905]]
(1) During withdrawal and reservation.--Throughout the
duration of the withdrawal and reservation of lands by this
section, including the duration of any renewal or extension, and
with respect both to the activities undertaken by the Secretary
of the Navy and the Secretary of the Air Force on such lands and
to all activities occurring on such lands during such times as
the Secretary of the Navy and the Secretary of the Air Force may
exercise management jurisdiction over such lands, the Secretary
of the Navy and the Secretary of the Air Force shall--
(A) be responsible for and pay all costs related to
the compliance of the Department of the Navy or the
Department of the Air Force, as the case may be, with
applicable Federal, State, and local environmental laws,
regulations, rules, and standards;
(B) carry out and maintain in accordance with the
requirements of all regulations, rules, and standards
issued by the Department of Defense pursuant to chapter
160 of title 10, United States Code, relating to the
Defense Environmental Restoration Program, the joint
board on ammunition storage established under section
172 of that title, and Executive Order No. 12580, a
program to address--
(i) any release or substantial threat of
release attributable to military munitions
(including unex-
ploded ordnance) and other constituents; and
(ii) any release or substantial threat of
release, regardless of its source, occurring on or
emanating from such lands during the period of
withdrawal and reservation; and
(C) provide to the Secretary of the Interior a copy
of any report prepared by the Secretary of the Navy or
the Secretary of the Air Force, as the case may be,
pursuant to any Federal, State, or local environmental
law, regulation, rule, or standard.
(2) Before relinquishment or termination.--
(A) Environmental review.--(i) Upon notifying the
Secretary of the Interior that the Secretary of the Navy
or the Secretary of the Air Force intends, pursuant to
subsection (f), to relinquish jurisdiction over lands
withdrawn and reserved by this section, the Secretary of
the Navy or the Secretary of the Air Force shall provide
to the Secretary of the Interior an environmental
baseline survey, military range assessment, or other
environmental review characterizing the environmental
condition of the land, air, and water resources affected
by the activities undertaken by the Secretary of the
Navy or the Secretary of the Air Force, as the case may
be, on and over such lands.
(ii) If hazardous substances were stored for one
year or more, known to have been released or disposed
of, or if a substantial threat of release exists, on
lands referred to in clause (i), any environmental
review under that clause shall include notice of the
type and quantity of such hazardous substances and
notice of the time during which such storage, release,
substantial threat of release, or disposal took place.
[[Page 113 STAT. 906]]
(B) Memorandum of understanding.--(i) In addition to
any other requirements under this section, the Secretary
of the Navy, the Secretary of the Air Force, and the
Secretary of the Interior may enter into a memorandum of
understanding to implement the environmental remediation
requirements of this section.
(ii) The memorandum of understanding under clause
(i) may include appropriate, technically feasible, and
mutually acceptable cleanup standards that the concerned
Secretaries believe environmental remediation activities
shall achieve and a schedule for completing cleanup
activities to meet such standards.
(iii) Cleanup standards under clause (ii) shall be
consistent with any legally applicable or relevant and
appropriate standard, requirement, criteria, or
limitation otherwise required by law.
(C) Environmental remediation.--With respect to
lands to be relinquished pursuant to subsection (f), the
Secretary of the Navy or the Secretary of the Air Force
shall take all actions necessary to address any release
or substantial threat of release, regardless of its
source, occurring on or emanating from such lands during
the period of withdrawal and reservation under this
section. To the extent practicable, all such response
actions shall be taken before the termination of the
withdrawal and reservation of such lands under this
section.
(D) Consultation.--If the Secretary of the Interior
accepts the relinquishment of jurisdiction over any
lands withdrawn and reserved by this section before all
necessary response actions under this section have been
completed, the Secretary of the Interior shall consult
with the Secretary of the Navy or the Secretary of the
Air Force, as the case may be, before undertaking or
authorizing any activities on such lands that may affect
existing releases, interfere with the installation,
maintenance, or operation of any response action, or
expose any person to a safety or health risk associated
with either the releases or the response action being
undertaken.
(3) Responsibility and liability.--(A) The Secretary of the
Navy and the Secretary of the Air Force, and not the Secretary
of the Interior, shall be responsible for and conduct the
necessary remediation of all releases or substantial threats of
release, whether located on or emanating from lands withdrawn
and reserved by this section, and whether known at the time of
relinquishment or termination or subsequently discovered,
attributable to management of the lands withdrawn and reserved
by this section by the Secretary of the Navy or the Secretary of
the Air Force, as the case may be, or the use, management,
storage, release, treatment, or disposal of hazardous materials,
hazardous substances, hazardous wastes, pollutants,
contaminants, petroleum products and their derivatives, military
munitions, or other constituents on such lands by the Secretary
of the Navy or the Secretary of the Air Force, as the case may
be.
(B) Responsibility under subparagraph (A) shall include
liability for any costs or claims asserted against the United
States for activities referred to in that subparagraph.
[[Page 113 STAT. 907]]
(C) Nothing in this paragraph is intended to prevent the
United States from bringing a cost recovery, contribution, or
other action against third persons or parties the Secretary of
the Navy or the Secretary of the Air Force reasonably believes
may have contributed to a release or substantial threat of
release.
(4) Other federal agencies.--If the Secretary of the Navy or
the Secretary of the Air Force delegates responsibility or
jurisdiction to another Federal agency over, or permits another
Federal agency to operate on, lands withdrawn and reserved by
this section, the agency shall assume all responsibility and
liability described in paragraph (3) for their activities with
respect to such lands.
(5) Definitions.--In this subsection:
(A)(i) The term ``military munitions''--
(I) means all ammunition products and
components produced or used by or for the
Department of Defense or the Armed Services for
national defense and security, including military
munitions under the control of the Department of
Defense, the Coast Guard, the Department of
Energy, and National Guard personnel;
(II) includes confined gaseous, liquid, and
solid propellants, explosives, pyrotechnics,
chemical and riot control agents, smokes, and
incendiaries used by and for Department of Defense
components, including bulk explosives and chemical
warfare agents, chemical munitions, rockets,
guided and ballistic missiles, bombs, warheads,
mortar rounds, artillery ammunition, small arms
ammunition, grenades, mines,
torpedoes, depth charges, cluster munitions and
dispensers, demolition charges, and devices and
components thereof; and
(III) includes nonnuclear components of
nuclear devices managed under the nuclear weapons
program of the Department of Energy after all
required sanitization operations under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) have
been completed.
(ii) The term does not include wholly inert items,
improvised explosive devices, and nuclear weapons,
nuclear devices, and nuclear components thereof.
(B) The term ``unexploded ordnance'' means military
munitions that have been primed, fused, armed, or
otherwise prepared for action, and have been fired,
dropped, launched, projected, or placed in such a manner
as to constitute a hazard or potential hazard, to
operations, installation, personnel, or material, and
remain unexploded either by malfunction, design, or
other cause.
(C) The term ``other constituents'' means
potentially hazardous compounds, mixtures, or elements
that are released from military munitions or unexploded
ordnance or result from other activities on military
ranges.
(d) Duration of Withdrawal and Reservations.--
(1) In general.--Unless extended pursuant to subsection (e),
the withdrawal and reservation of lands by this section shall
terminate 25 years after the date of the enactment of this Act,
except as otherwise provided in subsection (f)(4).
[[Page 113 STAT. 908]]
(2) Opening.--On the date of the termination of the
withdrawal and reservation of lands by this section, such lands
shall not be open to any form of appropriation under the general
land laws, including the mining laws and the mineral leasing and
geothermal leasing laws, until the Secretary of the Interior
publishes in the Federal Register an appropriate order stating
the date upon which such lands shall be restored to the public
domain and opened.
(e) Extension of Initial Withdrawal and Reservation.--
(1) In general.--Not later than three years before the
termination date of the initial withdrawal and reservation of
lands by this section, the Secretary of the Navy and the
Secretary of the Air Force shall notify Congress and the
Secretary of the Interior concerning whether the Navy or Air
Force, as the case may be, will have a continuing military need,
after such termination date, for all or any portion of such
lands.
(2) Duties regarding continuing military need.--(A) If the
Secretary of the Navy or the Secretary of the Air Force
determines that there will be a continuing military need for any
lands withdrawn by this section, the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, shall--
(i) consult with the Secretary of the Interior
concerning any adjustments to be made to the extent of,
or to the allocation of management responsibility for,
such lands; and
(ii) file with the Secretary of the Interior, not
later than one year after the notice required by
paragraph (1), an application for extension of the
withdrawal and reservation of such lands.
(B) The general procedures of the Department of the Interior
for processing Federal Land withdrawals notwithstanding, any
application for extension under this paragraph shall be
considered complete if it includes the following:
(i) The information required by section 3 of the
Engle Act (43 U.S.C. 157), except that no information
shall be required concerning the use or development of
mineral, timber, or grazing resources unless, and to the
extent, the Secretary of the Navy or the Secretary of
the Air Force proposes to use or develop such resources
during the period of extension.
(ii) A copy of the most recent public report
prepared in accordance with subsection (b)(5).
(3) Legislative <<NOTE: Deadline.>> proposals.--The
Secretary of the Interior, the Secretary of the Navy, and the
Secretary of the Air Force shall ensure that any legislative
proposal for the extension of the withdrawal and reservation of
lands under this section is submitted to Congress not later than
May 1 of the year preceding the year in which the existing
withdrawal and reservation would otherwise terminate under this
section.
(f) Termination and Relinquishment.--
(1) Notice <<NOTE: Deadline.>> of intent to relinquish.--At
any time during the withdrawal and reservation of lands under
this section, but not later than three years before the
termination of the withdrawal and reservation, if the Secretary
of the Navy or the Secretary of the Air Force determines that
there is no
[[Page 113 STAT. 909]]
continuing military need for lands withdrawn and reserved by
this section, or any portion of such lands, the Secretary of the
Navy or the Secretary of the Air Force, as the case may be,
shall notify the Secretary of the Interior of an intent to
relinquish jurisdiction over such lands, which notice shall
specify the proposed date of relinquishment.
(2) Authority to accept relinquishment.--The Secretary of
the Interior may accept jurisdiction over any lands covered by a
notice of intent to relinquish jurisdiction under this
subsection if the Secretary of the Interior determines that the
Secretary of the Navy or the Secretary of the Air Force has
taken the environmental response actions required under this
section.
(3) Order.--If <<NOTE: Federal Register, publication.>> the
Secretary of the Interior accepts jurisdiction over lands
covered by a notice of intent to relinquish jurisdiction under
this subsection before the termination date of the withdrawal
and reservation of such lands under this section, the Secretary
of the Interior shall publish in the Federal Register an
appropriate order that shall--
(A) terminate the withdrawal and reservation of such
lands under this section;
(B) constitute official acceptance of administrative
jurisdiction over such lands by the Secretary of the
Interior; and
(C) state the date upon which such lands shall be
opened to the operation of the general land laws,
including the mining laws and the mineral leasing and
geothermal leasing laws, if appropriate.
(4) Jurisdiction pending relinquishment.--(A)
Notwithstanding the termination date, unless and until the
Secretary of the Interior accepts jurisdiction of land proposed
for relinquishment under this subsection, or until the
Administrator of General Services accepts jurisdiction of such
lands under the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 251 et seq.), such lands shall remain under
the jurisdiction of the Secretary of the Navy or the Secretary
of the Air Force, as the case may be, for the limited purposes
of--
(i) environmental response actions under this
section; and
(ii) continued land management responsibilities
pursuant to the integrated natural resources management
plan for such lands under subsection (b)(3).
(B) For any land that the Secretary of the Interior
determines to be suitable for return to the public domain, but
does not agree with the Secretary of the Navy or the Secretary
of the Air Force that all necessary environmental response
actions under this section have been taken, the Secretary of the
Navy or the Secretary of the Air Force, as the case may be, and
the Secretary of the Interior shall resolve the dispute in
accordance with any applicable dispute resolution process.
(C) For any land that the Secretary of the Interior
determines to be unsuitable for return to the public domain, the
Secretary of the Interior shall immediately notify the
Administrator of General Services.
(5) Scope of functions.--All functions described under this
subsection, including transfers, relinquishes, extensions,
[[Page 113 STAT. 910]]
and other determinations, may be made on a parcel-by-parcel
basis.
(g) Delegations of Functions.--The functions of the Secretary of the
Interior under this section may be delegated, except that the following
determinations and decisions may be approved and signed only by the
Secretary of the Interior, the Deputy Secretary of the Interior, an
Assistant Secretary of the Interior, or the Director, Bureau of Land
Management:
(1) Decisions to accept transfer, relinquishment, or
jurisdiction of lands under this section and to open such lands
to operation of the public land laws.
(2) Decisions to transfer management responsibility from or
to a military department pursuant to subsection (b)(7).
SEC. 3032. MILITARY USE OF CABEZA PRIETA NATIONAL WILDLIFE REFUGE
AND CABEZA PRIETA WILDERNESS.
(a) Findings.--Congress makes the following findings:
(1) The historic use of the areas designated as the Cabeza
Prieta National Wildlife Refuge and the Cabeza Prieta Wilderness
by the Marine Corps and the Air Force has been integral to the
effective operation of the Barry M. Goldwater Air Force Range.
(2) Continued use of the Cabeza Prieta National Wildlife
Refuge and Cabeza Prieta Wilderness by the Marine Corps and the
Air Force to support military aviation training will remain
necessary to ensure the readiness of the Armed Forces.
(3) The historic use of the Cabeza Prieta National Wildlife
Refuge and Cabeza Prieta Wilderness by the Marine Corps and the
Air Force has coexisted for many years with the wildlife
conservation and wilderness purposes for which the refuge and
wilderness were established.
(4) The designation of the Cabeza Prieta National Wildlife
Refuge and the Cabeza Prieta Wilderness recognizes the area as
one of our nation's most ecologically and culturally valuable
areas.
(b) Management and Use of Refuge and Wilderness.--
(1) In general.--The Secretary of the Interior, in
coordination with the Secretary of the Navy and the Secretary of
the Air Force, shall manage the Cabeza Prieta National Wildlife
Refuge and Cabeza Prieta Wilderness--
(A) for the purposes for which the refuge and
wilderness were established; and
(B) to support current and future military aviation
training needs consistent with the November 21, 1994,
memorandum of understanding among the Department of the
Interior, the Department of the Navy, and the Department
of the Air Force, including any extension or other
amendment of such memorandum of understanding under this
section.
(2) Construction.--Except as otherwise provided in this
section, nothing in this subtitle shall be construed to effect
the following:
(A) The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) or
any other law related to management of the National
Wildlife Refuge System.
[[Page 113 STAT. 911]]
(B) Any Executive order or public land order in
effect on the date of the enactment of this Act with
respect to the Cabeza Prieta National Wildlife Refuge.
(c) Extension of Memorandum of Understanding.--The Secretary of the
Interior, the Secretary of the Navy, and the Secretary of the Air Force
shall extend the memorandum of understanding referred to in subsection
(b)(1)(B). The memorandum of understanding shall be extended for a
period that coincides with the duration of the withdrawal and
reservation of the Barry M. Goldwater Air Force Range made by section
3031.
(d) Other Amendments of Memorandum of Understanding.--
(1) Amendments to meet military aviation training needs.--
(A) When determined by the Secretary of the Navy or the
Secretary of the Air Force to be essential to support military
aviation training, the Secretary of the Navy, the Secretary of
the Air Force, and the Secretary of the Interior shall negotiate
amendments to the memorandum of understanding referred to in
subsection (b)(1)(B) in order--
(i) to revise existing or establish new low-level
training routes or to otherwise accommodate low-level
overflight;
(ii) to establish new or enlarged areas closed to
public use as surface safety zones; or
(iii) to accommodate the maintenance, upgrade,
replacement, or installation of existing or new
associated ground instrumentation.
(B) Any amendment of the memorandum of understanding shall
be consistent with the responsibilities under law of the
Secretary of the Navy, the Secretary of the Air Force, and the
Secretary of the Interior, respectively.
(C) As provided by the existing provisions of the National
Wildlife Refuge System Improvement Act of 1997 (Public Law 105-
57) and the Arizona Desert Wilderness Act of 1990 (Public Law
101-628), amendments to the memorandum of understanding to
revise existing or establish new low-level training routes or to
otherwise accommodate low-level overflight are not subject to
compatibility determinations nor precluded by the designation of
lands within the Cabeza Prieta National Wildlife Refuge as
wilderness.
(D) Amendments to the memorandum of understanding with
respect to the upgrade or replacement of existing associated
ground instrumentation or the installation of new associated
ground instrumentation shall not be precluded by the existing
designation of lands within the Cabeza Prieta National Wildlife
Refuge as wilderness to the extent that the Secretary of the
Interior, after consultation with the Secretary of the Navy and
the Secretary of the Air Force, determines that such actions,
considered both individually and cumulatively, create similar or
less impact than the existing ground instrumentation permitted
by the Arizona Desert Wilderness Act of 1990.
(2) Other amendments.--The Secretary of the Interior, the
Secretary of the Navy, or the Secretary of the Air Force may
initiate renegotiation of the memorandum of understanding at any
time to address other needed changes, and the memorandum of
understanding may be amended to
[[Page 113 STAT. 912]]
accommodate such changes by the mutual consent of the parties
consistent with their respective responsibilities under law.
(3) Effective date of amendments.--Amendments to the
memorandum of understanding shall take effect 90 days after the
date on which the Secretary of the Interior submits notice of
such amendments to the Committees on Environment and Public
Works, Energy and Natural Resources, and Armed Services of the
Senate and the Committees on Resources and Armed Services of the
House of Representatives.
(e) Access Restrictions.--If the Secretary of the Navy or the
Secretary of the Air Force determines that military operations, public
safety, or national security require the closure to the public of any
road, trail, or other portion of the Cabeza Prieta National Wildlife
Refuge or the Cabeza Prieta Wilderness, the Secretary of the Interior
shall take such action as is determined necessary or desirable to effect
and maintain such closure, including agreeing to amend the memorandum of
understanding to establish new or enhanced surface safety zones.
(f) Status of Contaminated Lands.--
(1) Decontamination.--Throughout the duration of the
withdrawal of the Barry M. Goldwater Range under section 3031,
the Secretary of the Navy and the Secretary of the Air Force
shall, to the extent that funds are made available for such
purpose, carry out a program of decontamination of the portion
of the Cabeza Prieta National Wildlife Refuge and the Cabeza
Prieta Wilderness used for military training purposes that
maintains a level of cleanup of such lands equivalent to the
level of cleanup of such lands as of the date of the enactment
of this Act. Any environmental contamination of the Cabeza
Prieta National Wildlife Refuge or the Cabeza Prieta Wilderness
caused or contributed to by the Department of the Navy or the
Department of the Air Force shall be the responsibility of the
Department of the Navy or the Department of the Air Force,
respectively, and not the responsibility of the Department of
the Interior.
(2) Construction.--Nothing in this subsection shall be
construed as constituting or effecting a relinquishment within
the meaning of section 8 of the Military Lands Withdrawal Act of
1986 (Public Law 99-606).
SEC. 3033. MAPS AND LEGAL DESCRIPTION.
(a) Publication and Filing.--As soon as practicable after the date
of the enactment of this Act, the Secretary of the Interior shall--
(1) <<NOTE: Federal Register, publication.>> publish in the
Federal Register a notice containing the legal description of
the lands withdrawn and reserved by this subtitle; and
(2) file maps and the legal description of the lands
withdrawn and reserved by this subtitle with the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(b) Technical Corrections.--Such maps and legal description shall
have the same force and effect as if included in this subtitle, except
that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal description.
(c) Availability for Public Inspection.--Copies of such maps and
legal descriptions shall be available for public inspection in
[[Page 113 STAT. 913]]
the offices of the Director and appropriate State Directors and field
office managers of the Bureau of Land Management, the office of the
commander, Luke Air Force Base, Arizona, the office of the commander,
Marine Corps Air Station, Yuma, Arizona, and the Office of the Secretary
of Defense.
(d) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary of the Interior for any costs incurred by the Secretary of the
Interior in implementing this section.
(e) Delegations.--
(1) Military departments.--The functions of the Secretary of
Defense, or of the Secretary of a military department, under
this section may be delegated.
(2) Department of interior.--The functions of the Secretary
of the Interior under this section may be delegated.
SEC. 3034. WATER RIGHTS.
Nothing in this subtitle shall be construed to establish a
reservation to the United States with respect to any water or water
right on lands covered by section 3031 or 3032. No provision of this
subtitle shall be construed as authorizing the appropriation of water on
lands covered by section 3031 or 3032 by the United States after the
date of the enactment of this Act, except in accordance with the law of
the State in which such lands are located. This section shall not be
construed to affect water rights acquired by the United States before
the date of the enactment of this Act.
SEC. 3035. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on lands withdrawn by this
subtitle shall be conducted in accordance with the provisions of section
2671 of title 10, United States Code, except that hunting, fishing, and
trapping within the Cabeza Prieta National Wildlife Refuge shall be
conducted in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation Use
of Wildlife Areas Act of 1969 (16 U.S.C. 460k et seq.), and other laws
applicable to the National Wildlife Refuge System.
SEC. 3036. USE OF MINERAL MATERIALS.
Notwithstanding any other provision of this subtitle or the Act of
July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C.
601 et seq.), the Secretary of the military department concerned may use
sand, gravel, or similar mineral material resources of the type subject
to disposition under that Act from lands withdrawn and reserved by this
subtitle if use of such resources is required for construction needs on
such lands.
SEC. 3037. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof shall be
held harmless and shall not be liable for any injuries or damages to
persons or property suffered in the course of any mining or mineral or
geothermal leasing activity conducted on lands covered by section 3031.
[[Page 113 STAT. 914]]
Subtitle C--Authorization of Appropriations
SEC. 3041. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this title.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY 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. Prohibition on use of funds for certain activities under
formerly utilized site remedial action program.
Sec. 3132. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Procedures for meeting tritium production requirements.
Sec. 3135. Independent cost estimate of accelerator production of
tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Sec. 3137. Support of theater ballistic missile defense activities of
the Department of Defense.
Subtitle D--Matters Relating to Safeguards, Security, and
Counterintelligence
Sec. 3141. Short title.
Sec. 3142. Commission on Safeguards, Security, and Counterintelligence
at Department of Energy facilities.
Sec. 3143. Background investigations of certain personnel at Department
of Energy facilities.
Sec. 3144. Conduct of security clearances.
Sec. 3145. Protection of classified information during laboratory-to-
laboratory exchanges.
Sec. 3146. Restrictions on access to national laboratories by foreign
visitors from sensitive countries.
Sec. 3147. Department of Energy regulations relating to the safeguarding
and security of Restricted Data.
Sec. 3148. Increased penalties for misuse of Restricted Data.
Sec. 3149. Supplement to plan for declassification of Restricted Data
and formerly Restricted Data.
[[Page 113 STAT. 915]]
Sec. 3150. Notice to congressional committees of certain security and
counterintelligence failures within nuclear energy
defense programs.
Sec. 3151. Annual report by the President on espionage by the People's
Republic of China.
Sec. 3152. Report on counterintelligence and security practices at
national laboratories.
Sec. 3153. Report on security vulnerabilities of national laboratory
computers.
Sec. 3154. Counterintelligence polygraph program.
Sec. 3155. Definitions of national laboratory and nuclear weapons
production facility.
Sec. 3156. Definition of Restricted Data.
Subtitle E--Matters Relating to Personnel
Sec. 3161. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3162. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of
Defense and Department of Energy.
Sec. 3164. Whistleblower protection program.
Subtitle F--Other Matters
Sec. 3171. Requirement for plan to improve reprogramming processes.
Sec. 3172. Integrated fissile materials management plan.
Sec. 3173. Identification in budget materials of amounts for
declassification activities and limitation on
expenditures for such activities.
Sec. 3174. Sense of Congress regarding technology transfer coordination
for Department of Energy national laboratories.
Sec. 3175. Pilot program for project management oversight regarding
Department of Energy construction projects.
Sec. 3176. Pilot program of Department of Energy to authorize use of
prior year unobligated balances for accelerated
site cleanup at Rocky Flats Environmental
Technology Site, Colorado.
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats
Environmental Technology Site, Colorado, to Waste
Isolation Pilot Plant, New Mexico.
Sec. 3178. Comptroller General report on closure of Rocky Flats
Environmental Technology Site, Colorado.
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New
Mexico.
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) In General.--Funds are hereby authorized to be 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
$4,489,995,000, to be allocated as follows:
(1) Stockpile stewardship.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2000
for stockpile stewardship in carrying out weapons activities
necessary for national security programs in the amount of
$2,252,300,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,743,500,000,
to be allocated as follows:
(i) For operation and maintenance,
$1,610,355,000.
(ii) For plant projects (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior
years, and land acquisition related thereto),
$133,145,000, to be allocated as follows:
Project 00-D-103, terascale
simulation facility, Lawrence Livermore
National Laboratory, Livermore,
California, $8,000,000.
[[Page 113 STAT. 916]]
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.
(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,
$33,100,000, of which $14,500,000 shall be allocated for
technology partnership and $18,600,000 shall be
allocated for education.
(2) Stockpile management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2000
for stockpile management in carrying out weapons activities
necessary for national security programs in the amount of
$2,023,300,000, to be allocated as follows:
(A) For operation and maintenance, $1,864,621,000.
[[Page 113 STAT. 917]]
(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), $158,679,000, 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.
(3) Program direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2000
for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$241,500,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to subsection (a) is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (3) of that subsection, reduced
by $27,105,000.
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 $5,495,868,000, to be allocated as
follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
[[Page 113 STAT. 918]]
110 Stat. 2836; 42 U.S.C. 7274n) in the amount of
$1,069,492,000.
(2) Site project and completion.--For site project and
completion in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $980,919,000, to be allocated as follows:
(A) For operation and maintenance, $892,629,000.
(B) For plant projects (including maintenance,
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 and Environmental 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 and Environmental Laboratory,
Idaho, $2,590,000.
Project 97-D-450, Actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $4,000,000.
Project 97-D-470, regulatory monitoring and
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 and Environmental
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 $2,919,948,000, to be allocated as follows:
(A) For operation and maintenance, $2,873,697,000.
(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), $46,251,000, to be allocated as
follows:
[[Page 113 STAT. 919]]
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 $230,500,000.
(5) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$339,409,000.
(b) Adjustments.--(1) The total amount authorized to be appropriated
in subsection (a) is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (5) of that subsection reduced by
$44,400,000, to be derived from environmental restoration and waste
management, environment, safety, and health programs.
(2) The amount authorized to be appropriated pursuant to subsection
(a)(3)(B) is reduced by $8,300,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be 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 $1,805,959,000, to be allocated as follows:
(1) Nonproliferation and national security.--For
nonproliferation and national security, $732,100,000, to be
allocated as follows:
(A) For verification and control technology,
$497,000,000, to be allocated as follows:
(i) For nonproliferation and verification
research and development, $221,000,000, to be
allocated as 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, $276,000,000.
(B) For nuclear safeguards and security,
$59,100,000.
(C) For international nuclear safety, $24,700,000.
[[Page 113 STAT. 920]]
(D) For security investigations, $44,100,000.
(E) For emergency management, $21,000,000.
(F) For highly enriched uranium transparency
implementation, $15,750,000.
(G) For program direction, $90,450,000.
(2) Intelligence.--For intelligence, $36,059,000.
(3) Counterintelligence.--For counterintelligence,
$39,200,000.
(4) Worker and community transition assistance.--For worker
and community transition assistance, $30,000,000, to be
allocated as follows:
(A) For worker and community transition,
$26,500,000.
(B) For program direction, $3,500,000.
(5) Fissile materials control and disposition.--For fissile
materials control and disposition, $200,000,000, to be allocated
as follows:
(A) For operation and maintenance, $129,766,000.
(B) For program direction, $7,343,000.
(C) For plant projects (including maintenance,
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, $98,000,000, to be allocated as
follows:
(A) For the Office of Environment, Safety, and
Health (Defense), $73,231,000.
(B) For program direction, $24,769,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $3,000,000.
(8) Naval reactors.--For naval reactors, $677,600,000, to be
allocated as follows:
(A) For naval reactors development, $657,000,000, to
be allocated as follows:
(i) For operation and maintenance,
$633,000,000.
(ii) For plant projects (including
maintenance, 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.
(b) Adjustments.--(1) The total amount authorized to be appropriated
pursuant to subsection (a) is the sum of the amounts
[[Page 113 STAT. 921]]
authorized to be appropriated in paragraphs (1) through (8) of that
subsection, reduced by $10,000,000.
(2) The amount authorized to be appropriated pursuant to subsection
(a)(1)(D) is reduced by $20,000,000 to reflect an offset provided by
user organizations for security investigations.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
(a) Defense Nuclear Waste Disposal.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2000 for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$112,000,000.
(b) Adjustment.--The amount authorized to be appropriated pursuant
to subsection (a) is reduced by $39,000,000.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT 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 45 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action
[[Page 113 STAT. 922]]
proposed to be taken and the facts and circumstances relied upon in
support of such proposed action.
(2) In the computation of the 45-day period under subsection (a),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for an
item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by this
title if the total estimated cost of the construction project does not
exceed $5,000,000.
(b) Report to Congress.--If, at any time during the 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
[[Page 113 STAT. 923]]
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
on Armed Services 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.
[[Page 113 STAT. 924]]
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
[[Page 113 STAT. 925]]
or for a new program or project that has not been authorized by
Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a
field office of the Department of Energy, any of the 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 the 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. PROHIBITION <<NOTE: 10 USC 2701 note.>> ON USE OF FUNDS
FOR CERTAIN ACTIVITIES UNDER FORMERLY
UTILIZED SITE REMEDIAL ACTION PROGRAM.
Notwithstanding any other provision of law, no funds authorized to
be appropriated or otherwise made available by this Act, or by any Act
authorizing appropriations for the military activities of the Department
of Defense or the defense activities of the Department of Energy for a
fiscal year after fiscal year 2000, may be obligated or expended to
conduct treatment, storage, or disposal activities at any site
designated as a site under the Formerly Utilized Site Remedial Action
Program as of the date of the enactment of this Act.
SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION
OF LEGACY NUCLEAR MATERIALS.
The Secretary of Energy shall continue operations and maintain a
high state of readiness at the F-canyon and H-canyon facilities at the
Savannah River Site, Aiken, South Carolina, and shall provide the
technical staff necessary to operate and so maintain such facilities.
[[Page 113 STAT. 926]]
SEC. 3133. NUCLEAR <<NOTE: 42 USC 2121 note.>> WEAPONS STOCKPILE
LIFE EXTENSION PROGRAM.
(a) Program Required.--The Secretary of Energy shall, in
consultation with the Secretary of Defense, carry out a program to
provide for the extension of the effective life of the weapons in the
nuclear weapons stockpile.
(b) Administrative Responsibility for Program.--(1) The program
under subsection (a) shall be carried out through the element of the
Department of Energy with responsibility for defense programs.
(2) For each budget submitted by the President to Congress under
section 1105 of title 31, United States Code, the amounts requested for
the program shall be clearly identified in the budget justification
materials submitted to Congress in support of that budget.
(c) Program Plan.--As part of the program under subsection (a), the
Secretary shall develop a long-term plan for the extension of the
effective life of the weapons in the nuclear weapons stockpile. The plan
shall include the following:
(1) Mechanisms to provide for the remanufacture,
refurbishment, and modernization of each weapon design
designated by the Secretary for inclusion in the enduring
nuclear weapons stockpile as of the date of the enactment of
this Act.
(2) Mechanisms to expedite the collection of information
necessary for carrying out the program, including information
relating to the aging of materials and components, new
manufacturing techniques, and the replacement or substitution of
materials.
(3) Mechanisms to ensure the appropriate assignment of roles
and missions for each nuclear weapons laboratory and production
plant of the Department, including mechanisms for allocation of
workload, mechanisms to ensure the carrying out of appropriate
modernization activities, and mechanisms to ensure the retention
of skilled personnel.
(4) Mechanisms for allocating funds for activities under the
program, including allocations of funds by weapon type and
facility.
(5) An identification of the funds needed, in the current
fiscal year and in each of the next five fiscal years, to carry
out the program.
(d) Annual <<NOTE: Deadline.>> Submittal of Plan.--(1) The Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives the plan developed under subsection (c) not
later than January 1, 2000. The plan shall contain the maximum level of
detail practicable.
(2) The Secretary shall submit to the committees referred to in
paragraph (1) each year after 2000, at the same time as the submission
of the budget for the fiscal year beginning in such year under section
1105 of title 31, United States Code, an update of the plan submitted
under paragraph (1). Each update shall contain the same level of detail
as the plan submitted under paragraph (1).
(e) GAO <<NOTE: Deadline.>> Assessment.--Not later than 30 days
after the submission of the plan under subsection (d)(1) or any update
of the plan under subsection (d)(2), the Comptroller General shall
submit to the committees referred to in subsection (d)(1) an assessment
of
[[Page 113 STAT. 927]]
whether the program can be carried out under the plan or the update (as
applicable)--
(1) in the current fiscal year, given the budget for that
fiscal year; and
(2) in future fiscal years.
(f) Sense of Congress Regarding Funding of Program.--It is the sense
of Congress that the President should include in each budget for a
fiscal year submitted to Congress under section 1105 of title 31, United
States Code, sufficient funds to carry out in the fiscal year covered by
such budget the activities under the program under subsection (a) that
are specified in the most current version of the plan for the program
under this section.
SEC. 3134. PROCEDURES FOR MEETING TRITIUM PRODUCTION REQUIREMENTS.
(a) Production of New Tritium.--The Secretary of Energy shall
produce new tritium to meet the requirements of the Nuclear Weapons
Stockpile Memorandum at the Tennessee Valley Authority Watts Bar or
Sequoyah nuclear power plants consistent with the Secretary's December
22, 1998, decision document designating the Secretary's preferred
tritium production technology.
(b) Support.--To support the method of tritium production set forth
in subsection (a), the Secretary shall design and construct a new
tritium extraction facility in the H-Area of the Savannah River Site,
Aiken, South Carolina.
(c) Design and Engineering Development.--The Secretary shall--
(1) complete preliminary design and engineering development
of the Accelerator Production of Tritium technology design as a
backup source of tritium to the source set forth in subsection
(a) and consistent with the Secretary's December 22, 1998,
decision document; and
(2) make available those funds necessary to complete
engineering development and demonstration, preliminary design,
and detailed design of key elements of the system consistent
with the Secretary's decision document of December 22, 1998.
SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCELERATOR PRODUCTION OF
TRITIUM.
(a) Independent Cost Estimate.--(1) The Secretary of Energy shall
obtain an independent cost estimate of the accelerator production of
tritium.
(2) The estimate shall be obtained from an entity not within the
Department of Energy.
(3) The estimate shall be conducted at the highest possible level of
detail, but in no event at a level of detail below that currently
defined by the Secretary as Type III, ``parametric estimate''.
(b) Report.--Not <<NOTE: Deadline.>> later than April 1, 2000, the
Secretary shall submit to the congressional defense committees a report
on the independent cost estimate obtained pursuant to subsection (a).
SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.
(a) Initiative for Proliferation Prevention Program.--(1) Not more
than 35 percent of the funds available in any fiscal year after fiscal
year 1999 for the Initiatives for Proliferation Prevention program (IPP)
may be obligated or expended by the
[[Page 113 STAT. 928]]
Department of Energy national laboratories to carry out or provide
oversight of any activities under that program.
(2)(A) None of the funds available in any fiscal year after fiscal
year 1999 for the Initiatives for Proliferation Prevention program may
be used to increase or otherwise supplement the pay or benefits of a
scientist or engineer if the scientist or engineer--
(i) is currently engaged in activities directly related to
the design, development, production, or testing of chemical or
biological weapons or a missile system to deliver such weapons;
or
(ii) was not formerly engaged in activities directly related
to the design, development, production, or testing of weapons of
mass destruction or a missile system to deliver such weapons.
(B) None of the funds available in any fiscal year after fiscal year
1999 for the Initiatives for Proliferation Prevention program may be
made available to an institute if the institute--
(i) is currently involved in activities described in
subparagraph (A)(i); or
(ii) was not formerly involved in activities described in
subparagraph (A)(ii).
(3)(A) No funds available for the Initiatives for Proliferation
Prevention program may be provided to an institute or scientist under
the program if the Secretary of Energy determines that the institute or
scientist has made a scientific or business contact in any way
associated with or related to weapons of mass destruction with a
representative of a country of proliferation concern.
(B) For purposes of this paragraph, the term ``country of
proliferation concern'' means any country so designated by the Director
of Central Intelligence for purposes of the Initiatives for
Proliferation Prevention program.
(4)(A) The Secretary of Energy shall prescribe procedures for the
review of projects under the Initiatives for Proliferation Prevention
program. The purpose of the review shall be to ensure the following:
(i) That the military applications of such projects, and any
information relating to such applications, is not inadvertently
transferred or utilized for military purposes.
(ii) That activities under the projects are not redirected
toward work relating to weapons of mass destruction.
(iii) That the national security interests of the United
States are otherwise fully considered before the commencement of
the projects.
(B) <<NOTE: Reports. Deadline.>> Not later than 30 days after the
date on which the Secretary prescribes the procedures required by
subparagraph (A), the Secretary shall submit to Congress a report on the
procedures. The report shall set forth a schedule for the implementation
of the procedures.
(5)(A) The Secretary shall evaluate the projects carried out under
the Initiatives for Proliferation Prevention program for commercial
purposes to determine whether or not such projects are likely to achieve
their intended commercial objectives.
(B) If the Secretary determines as a result of the evaluation that a
project is not likely to achieve its intended commercial objective, the
Secretary shall terminate the project.
(6) Funds appropriated for the Initiatives for Proliferation
Prevention program may not be used to pay any tax or customs duty levied
by the government of the Russian Federation. In the
[[Page 113 STAT. 929]]
event payment of such a tax or customs duty with such funds is
unavoidable, the Secretary of Energy shall--
(A) after such payment, submit a report to the congressional
defense committees explaining the particular circumstances
making such payment under the Initiatives for Proliferation
Prevention program with such funds unavoidable; and
(B) ensure that sufficient additional funds are provided to
the Initiatives for Proliferation Prevention Program to offset
the amount of such payment.
(b) Nuclear Cities Initiative.--(1) No amounts authorized to be
appropriated by this title for the Nuclear Cities Initiative may be
obligated or expended for purposes of the initiative until the Secretary
of Energy certifies to Congress that Russia has agreed to close some of
its facilities engaged in work on weapons of mass destruction.
(2) Notwithstanding a certification under paragraph (1), amounts
authorized to be appropriated by this title for the Nuclear Cities
Initiative may not be obligated or expended for purposes of providing
assistance under the initiative to more than three nuclear cities, and
more than two serial production facilities, in Russia in fiscal year
2000.
(3)(A) The Secretary shall conduct a study of the potential economic
effects of each commercial program proposed under the Nuclear Cities
Initiative before providing assistance for the conduct of the program.
The study shall include an assessment regarding whether or not the
mechanisms for job creation under each program are likely to lead to the
creation of the jobs intended to be created by that program.
(B) If the Secretary determines as a result of the study that the
intended commercial benefits of a program are not likely to be achieved,
the Secretary may not provide assistance for the conduct of that
program.
(4) <<NOTE: Reports. Deadline.>> Not later than January 1, 2000, the
Secretary shall submit to Congress a report describing the participation
in or contribution to the Nuclear Cities Initiative of each department
and agency of the United States Government that participates in or
contributes to the initiative. The report shall describe separately any
interagency participation in or contribution to the initiative.
(c) Report.--(1) <<NOTE: Deadline.>> Not later than January 1, 2000,
the Secretary of Energy shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives a report on the Initiatives for Proliferation Prevention
program and the Nuclear Cities Initiative.
(2) The report shall include the following:
(A) A strategic plan for the Initiatives for Proliferation
Prevention program and for the Nuclear Cities Initiative, which
shall establish objectives for the program or initiative, as the
case may be, and means for measuring the achievement of such
objectives.
(B) A list of the most successful projects under the
Initiatives for Proliferation Prevention program, including for
each such project the name of the institute and scientists who
are participating or have participated in the project, the
number of jobs created through the project, and the manner in
which the project has met the nonproliferation objectives of the
United States.
[[Page 113 STAT. 930]]
(C) A list of the institutes and scientists associated with
weapons of mass destruction programs or other defense-related
programs in the states of the former Soviet Union that the
Department seeks to engage in commercial work under the
Initiatives for Proliferation Prevention program or the Nuclear
Cities Initiative, including--
(i) a description of the work performed by such
institutes and scientists under such weapons of mass
destruction programs or other defense-related programs;
and
(ii) a description of any work proposed to be
performed by such institutes and scientists under the
Initiatives for Proliferation Prevention program or the
Nuclear Cities Initiative.
(d) Nuclear Cities Initiative Defined.--For purposes of this
section, the term ``Nuclear Cities Initiative'' means the initiative
arising pursuant to the March 1998 discussions between the Vice
President of the United States and the Prime Minister of the Russian
Federation and between the Secretary of Energy of the United States and
the Minister of Atomic Energy of the Russian Federation.
SEC. 3137. SUPPORT OF THEATER BALLISTIC MISSILE DEFENSE ACTIVITIES
OF THE DEPARTMENT OF DEFENSE.
(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to the
Department of Energy pursuant to section 3101, $25,000,000 shall be
available for research, development, and demonstration activities to
support the mission of the Ballistic Missile Defense Organization of the
Department of Defense, including the following activities:
(1) Technology development, concept demonstration, and
integrated testing to improve reliability and reduce risk in
hit-to-kill interceptors for theater ballistic missile defense.
(2) Support for science and engineering teams to address
technical problems identified by the Director of the Ballistic
Missile Defense Organization as critical to acquisition of a
theater ballistic missile defense capability.
(b) Memorandum of Understanding.--The activities referred to in
subsection (a) shall be carried out under the memorandum of
understanding entered into by the Secretary of Energy and the Secretary
of Defense for the use of national laboratories for ballistic missile
defense programs, as required by section 3131 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
2034).
(c) Method of Funding.--Funds for activities referred to in
subsection (a) may be provided--
(1) by direct payment 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.
[[Page 113 STAT. 931]]
Subtitle <<NOTE: Department of Energy Facilities Safeguards,
Security, and Counter- intelligence Enhancement Act of 1999.>> D--
Matters Relating to Safeguards, Security, and Counterintelligence
SEC. 3141. <<NOTE: 42 USC 7383 note.>> SHORT TITLE.
This subtitle may be cited as the ``Department of Energy Facilities
Safeguards, Security, and Counterintelligence Enhancement Act of 1999''.
SEC. 3142. COMMISSION <<NOTE: 42 USC 7383.>> ON SAFEGUARDS,
SECURITY, AND COUNTERINTELLIGENCE AT
DEPARTMENT OF ENERGY FACILITIES.
(a) Establishment.--There is hereby established a commission to be
known as the Commission on Safeguards, Security, and Counterintelligence
at Department of Energy Facilities (in this section referred to as the
``Commission'').
(b) Membership and Organization.--(1) The Commission shall be
composed of nine members appointed from among individuals in the public
and private sectors who have significant experience in matters related
to the security of nuclear weapons and materials, the classification of
information, or counterintelligence matters, as follows:
(A) Two shall be appointed by the chairman of the Committee
on Armed Services of the Senate, in consultation with the
ranking member of that Committee.
(B) One shall be appointed by the ranking member of the
Committee on Armed Services of the Senate, in consultation with
the chairman of that Committee.
(C) Two shall be appointed by the chairman of the Committee
on Armed Services of the House of Representatives, in
consultation with the ranking member of that Committee.
(D) One shall be appointed by the ranking member of the
Committee on Armed Services of the House of Representatives, in
consultation with the chairman of that Committee.
(E) One shall be appointed by the Secretary of Defense.
(F) One shall be appointed by the Director of the Federal
Bureau of Investigation.
(G) One shall be appointed by the Director of Central
Intelligence.
(2) Members of the Commission shall be appointed for four year
terms, except as follows:
(A) One member initially appointed under paragraph (1)(A)
shall serve a term of two years, to be designated at the time of
appointment.
(B) One member initially appointed under paragraph (1)(C)
shall serve a term of two years, to be designated at the time of
appointment.
(C) The member initially appointed under paragraph (1)(E)
shall serve a term of two years.
(3) Any vacancy in the Commission shall be filled in the same manner
as the original appointment and shall not affect the powers of the
Commission.
(4)(A) After five members of the Commission have been appointed
under paragraph (1), the chairman of the Committee on Armed Services of
the Senate, in consultation with the chairman
[[Page 113 STAT. 932]]
of the Committee on Armed Services of the House of Representatives,
shall designate the chairman of the Commission from among the members
appointed under paragraph (1)(A).
(B) The chairman of the Commission may be designated once five
members of the Commission have been appointed under paragraph (1).
(5) The initial members of the Commission shall be appointed not
later than 60 days after the date of the enactment of this Act.
(6) The members of the Commission shall establish procedures for the
activities of the Commission, including procedures for calling meetings,
requirements for quorums, and the manner of taking votes.
(7) The Commission shall meet not less often than once every three
months.
(8) The Commission may commence its activities under this section
upon the designation of the chairman of the Commission under paragraph
(4).
(c) Duties.--(1) The Commission shall, in accordance with this
section, review the safeguards, security, and counterintelligence
activities (including activities relating to information management,
computer security, and personnel security) at Department of Energy
facilities to--
(A) determine the adequacy of those activities to ensure the
security of sensitive information, processes, and activities
under the jurisdiction of the Department against threats to the
disclosure of such information, processes, and activities; and
(B) make recommendations for actions the Commission
determines as being necessary to ensure that such security is
achieved and maintained.
(2) The activities of the Commission under paragraph (1) shall
include the following:
(A) An analysis of the sufficiency of the Design Threat
Basis documents as a basis for the allocation of resources for
safeguards, security, and counterintelligence activities at the
Department facilities in light of applicable guidance with
respect to such activities, including applicable laws,
Department of Energy orders, Presidential Decision Directives,
and Executive orders.
(B) Visits to Department facilities to assess the adequacy
of the safeguards, security, and counterintelligence activities
at such facilities.
(C) Evaluations of specific concerns set forth in Department
reports regarding the status of safeguards, security, or
counterintelligence activities at particular Department
facilities or at facilities throughout the Department.
(D) Reviews of relevant laws, Department orders, and other
requirements relating to safeguards, security, and
counterintelligence activities at Department facilities.
(E) Any other activities relating to safeguards, security,
and counterintelligence activities at Department facilities that
the Secretary of Energy considers appropriate.
(d) Report.--(1) <<NOTE: Deadline.>> Not later than February 15 each
year, the Commission shall submit to the Secretary of Energy and to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on
[[Page 113 STAT. 933]]
the activities of the Commission during the preceding year. The report
shall be submitted in unclassified form, but may include a classified
annex.
(2) Each report--
(A) shall describe the activities of the Commission during
the year covered by the report;
(B) shall set forth proposals for any changes in safeguards,
security, or counterintelligence activities at Department of
Energy facilities that the Commission considers appropriate in
light of such activities; and
(C) may include any other recommendations for legislation or
administrative action that the Commission considers appropriate.
(e) Personnel Matters.--(1)(A) Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission.
(B) All members of the Commission who are officers or employees of
the United States shall serve without compensation by reason of their
service on the Commission.
(2) The members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates 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.
(3)(A) The Commission may, without regard to the civil service laws
and regulations, appoint and terminate such personnel as may be
necessary to enable the Commission to perform its duties.
(B) The Commission may fix the compensation of the personnel of the
Commission without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates.
(4) Any officer or employee of the United States may be detailed to
the Commission without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(5) The members and employees of the Commission shall hold security
clearances appropriate for the matters considered by the Commission in
the discharge of its duties under this section.
(f) Applicability of FACA.--The provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the activities of the
Commission.
(g) Funding.--(1) From amounts authorized to be appropriated by
sections 3101 and 3103, the Secretary of Energy shall make available to
the Commission not more than $1,000,000 for the activities of the
Commission under this section.
(2) Amounts made available to the Commission under this subsection
shall remain available until expended.
(h) Termination of Department of Energy Security Management Board.--
(1) Section 3161 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251 note) is
repealed.
[[Page 113 STAT. 934]]
(2) Section 3162 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049; 42 U.S.C. 7274
note) <<NOTE: 42 USC 7274m note.>> is amended--
(A) by striking ``(a) In General.--''; and
(B) by striking subsection (b).
SEC. 3143. BACKGROUND INVESTIGATIONS OF CERTAIN PERSONNEL AT
DEPARTMENT OF ENERGY FACILITIES.
(a) In General.--The Secretary of Energy shall ensure that an
investigation meeting the requirements of section 145 of the Atomic
Energy Act of 1954 (42 U.S.C. 2165) is made for each Department of
Energy employee, or contractor employee, at a national laboratory or
nuclear weapons production facility who--
(1) carries out duties or responsibilities in or around a
location where Restricted Data is present; or
(2) has or may have regular access to a location where
Restricted Data is present.
(b) Compliance.--The Secretary shall have 15 months from the date of
the enactment of this Act to meet the requirement in subsection (a).
SEC. 3144. CONDUCT OF SECURITY CLEARANCES.
(a) Responsibility of Federal Bureau of Investigation.--Subsection
e. of section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165) is
amended--
(1) by inserting ``(1)'' before ``If''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of an individual employed in a program known as a
Special Access Program or a Personnel Security and Assurance Program,
any investigation required by subsections a., b., and c. of this section
shall be made by the Federal Bureau of Investigation.''.
(b) Compliance.--The <<NOTE: 42 USC 2165 note.>> Director of the
Federal Bureau of Investigation shall have 18 months from the date of
the enactment of this Act to meet the responsibilities of the Bureau
under subsection e.(2) of section 145 of the Atomic Energy Act of 1954,
as added by subsection (a).
(c) Report.--(1) <<NOTE: Deadline.>> Not later than six months after
the date of the enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the committees specified in
paragraph (2) a report on the implementation of the responsibilities of
the Bureau under subsection e.(2) of that section. That report shall
include the following:
(A) An assessment of the capability of the Bureau to execute
the additional clearance requirements, to include additional
post-initial investigations.
(B) An estimate of the additional resources required, to
include funding, to support the expanded use of the Bureau to
conduct the additional investigations.
(C) The extent to which contractor personnel are and would
be used in the clearance process.
(2) The committees referred to in paragraph (1) are the 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.
[[Page 113 STAT. 935]]
SEC. 3145. PROTECTION <<NOTE: 42 USC 7383b.>> OF CLASSIFIED
INFORMATION DURING LABORATORY-TO-
LABORATORY EXCHANGES.
(a) Provision of Training.--The Secretary of Energy shall ensure
that all Department of Energy employees and Department of Energy
contractor employees participating in laboratory-to-laboratory
cooperative exchange activities are fully trained in matters relating to
the protection of classified information and to potential espionage and
counterintelligence threats.
(b) Countering of Espionage and Intelligence-Gathering Abroad.--(1)
The Secretary shall establish a pool of Department employees and
Department contractor employees who are specially trained to counter
threats of espionage and intelligence-gathering by foreign nationals
against Department employees and Department contractor employees who
travel abroad for laboratory-to-laboratory exchange activities or other
cooperative exchange activities on behalf of the Department.
(2) The Director of Counterintelligence of the Department of Energy
may assign at least one employee from the pool established under
paragraph (1) to accompany a group of Department employees or Department
contractor employees who travel to any nation designated to be a
sensitive country for laboratory-to-laboratory exchange activities or
other cooperative exchange activities on behalf of the Department.
SEC. 3146. RESTRICTIONS <<NOTE: 42 USC 7383c.>> 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 other than areas
accessible to the general public any individual who is a citizen or
agent of a nation that is named on the current sensitive countries list
unless the Secretary first completes a background review with respect to
that individual.
(b) Moratorium Pending Certification.--(1) During the period
described in paragraph (2), the Secretary may not admit to any facility
of a national laboratory other than areas accessible to the general
public any individual who is a citizen or agent of a nation that is
named on the current sensitive countries list.
(2) <<NOTE: Deadlines.>> 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 the certifications described in
paragraph (3).
(3) The certifications referred to in paragraph (2) are one
certification each by the Director of Counterintelligence of the
Department of Energy, the Director of the Federal Bureau of
Investigation, and the Director of Central Intelligence, of each of the
following:
(A) That the foreign visitors program at that facility
complies with applicable orders, regulations, and policies of
the Department of Energy relating to the safeguarding and
security of sensitive information and fulfills any
counterintelligence requirements arising under such orders,
regulations, and policies.
[[Page 113 STAT. 936]]
(B) That the foreign visitors program at that facility
complies with Presidential Decision Directives and similar
requirements relating to the safeguarding and security of
sensitive information and fulfills any counterintelligence
requirements arising under such Directives or requirements.
(C) That the foreign visitors program at that facility
includes adequate protections against the inadvertent release of
Restricted Data, information important to the national security
of the United States, and any other sensitive information the
disclosure of which might harm the interests of the United
States.
(D) That the foreign visitors program at that facility does
not pose an undue risk to the national security interests of the
United States.
(c) Waiver of Moratorium.--(1) The Secretary of Energy may waive the
prohibition in subsection (b) on a case-by-case basis with respect to
any specific individual or any specific delegation of individuals whose
admission to a national laboratory is 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.--The moratorium
under subsection (b) shall not apply--
(1) to activities relating to cooperative threat reduction
with states of the former Soviet Union; or
[[Page 113 STAT. 937]]
(2) to the materials protection control and accounting
program of the Department.
(f) Sense of Congress Regarding Background Reviews.--It is the sense
of Congress that the Secretary of Energy, the Director of the Federal
Bureau of Investigation, and the Director of Central Intelligence should
ensure that background reviews carried out under this section are
completed in not more than 15 days.
(g) Definitions.--For purposes of this section:
(1) The term ``background review'', commonly known as an
indices check, means a review of information provided by the
Director of Central Intelligence and the Director of the Federal
Bureau of Investigation regarding personal background, including
information relating to any history of criminal activity or to
any evidence of espionage.
(2) The term ``sensitive countries list'' means the list
prescribed by the Secretary of Energy known as the Department of
Energy List of Sensitive Countries as in effect on January 1,
1999.
SEC. 3147. DEPARTMENT OF ENERGY REGULATIONS RELATING TO THE
SAFEGUARDING AND SECURITY OF RESTRICTED
DATA.
(a) In General.--Chapter 18 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2271 et seq.) is amended by inserting after section 234A
the following new section:
``Sec. 234B. Civil <<NOTE: 42 USC 2282b.>> Monetary Penalties for
Violations of Department of Energy Regulations Regarding Security of
Classified or Sensitive Information or Data.--
``a. Any person who has entered into a contract or agreement with
the Department of Energy, or a subcontract or subagreement thereto, and
who violates (or whose employee violates) any applicable rule,
regulation, or order prescribed or otherwise issued by the Secretary
pursuant to this Act relating to the safeguarding or security of
Restricted Data or other classified or sensitive information shall be
subject to a civil penalty of not to exceed $100,000 for each such
violation.
``b. The Secretary shall include in each contract with a 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, except for subsection d. of that
section, shall apply to the assessment of civil penalties under this
section.
``d. In the case of an entity specified in subsection d. of section
234A--
``(1) the assessment of any civil penalty under subsection
a. against that entity may not be made until the entity enters
into a new contract with the Department of Energy or an
extension of a current contract with the Department; and
``(2) the total amount of civil penalties under subsection
a. in a fiscal year may not exceed the total amount of fees
[[Page 113 STAT. 938]]
paid by the Department of Energy to that entity in that fiscal
year.''.
(b) Applicability.--Subsection <<NOTE: 42 USC 2282b.>> a. of section
234B of the Atomic Energy Act of 1954, as added by subsection (a),
applies to any violation after the date of the enactment of this Act.
(c) Clarifying Amendment.--The section heading of section 234A of
such Act (42 U.S.C. 2282a) is amended by inserting ``Safety'' before
``Regulations''.
(d) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 234 the
following new items:
``Sec. 234A. Civil Monetary Penalties for Violations of Department of
Energy Safety Regulations.
``Sec. 234B. Civil Monetary Penalties for Violations of Department of
Energy Regulations Regarding Security of
Classified or Sensitive Information or Data.''.
SEC. 3148. INCREASED PENALTIES FOR MISUSE OF RESTRICTED DATA.
(a) Communication of Restricted Data.--Section 224 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274) is amended--
(1) in clause a., by striking ``$20,000'' and inserting
``$100,000''; and
(2) in clause b., by striking ``$10,000'' and inserting
``$500,000''.
(b) Receipt of Restricted Data.--Section 225 of such Act (42 U.S.C.
2275) is amended by striking ``$20,000'' and inserting ``$100,000''.
(c) Disclosure of Restricted Data.--Section 227 of such Act (42
U.S.C. 2277) is amended by striking ``$2,500'' and inserting
``$12,500''.
SEC. 3149. SUPPLEMENT <<NOTE: 50 USC 435 note.>> TO PLAN FOR
DECLASSIFICATION OF RESTRICTED DATA AND
FORMERLY RESTRICTED DATA.
(a) Supplement to Plan.--The Secretary of Energy and the Archivist
of the United States shall, after consultation with the members of the
National Security Council and in consultation with the Secretary of
Defense and the heads of other appropriate Federal agencies, develop a
supplement to the plan required under subsection (a) of section 3161 of
the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2260; 50 U.S.C. 435 note).
(b) Contents of Supplement.--The supplement shall provide for the
application of that plan (including in particular the element of the
plan required by section 3161(b)(1) of that Act) to all records subject
to Executive Order No. 12958 that were determined before the date of the
enactment of that Act to be suitable for declassification.
(c) Limitation on Declassification of Records.--All records referred
to in subsection (b) shall be treated, for purposes of section 3161(c)
of that Act, in the same manner as records referred to in section
3161(a) of that Act.
(d) Submission of Supplement.--The Secretary of Energy shall submit
the supplement required under subsection (a) to the recipients of the
plan referred to in section 3161(d) of that Act.
[[Page 113 STAT. 939]]
SEC. 3150. NOTICE <<NOTE: 42 USC 7383d.>> TO CONGRESSIONAL
COMMITTEES OF CERTAIN SECURITY AND
COUNTERINTELLIGENCE FAILURES WITHIN
NUCLEAR ENERGY DEFENSE PROGRAMS.
(a) Required Notification.--The Secretary of Energy shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a notification of each significant nuclear defense
intelligence loss. Any such notification shall be provided only after
consultation with the Director of Central Intelligence and the Director
of the Federal Bureau of Investigation, as appropriate.
(b) Significant Nuclear Defense Intelligence Losses.--In this
section, the term ``significant nuclear defense intelligence loss''
means any national security or counterintelligence failure or compromise
of classified information at a facility of the Department of Energy or
operated by a contractor of the Department that the Secretary considers
likely to cause significant harm or damage to the national security
interests of the United States.
(c) Manner <<NOTE: Deadline.>> of Notification.--Notification of a
significant nuclear defense intelligence loss under subsection (a) shall
be provided, in accordance with the procedures established pursuant to
subsection (d), not later than 30 days after the date on which the
Department of Energy determines that the loss has taken place.
(d) Procedures.--The Secretary of Energy and the Committees on Armed
Services of the Senate and House of Representatives shall each establish
such procedures as may be necessary to protect from unauthorized
disclosure classified information, information relating to intelligence
sources and methods, and sensitive law enforcement information that is
submitted to those committees pursuant to this section and that are
otherwise necessary to carry out the provisions of this section.
(e) Statutory Construction.--(1) Nothing in this section shall be
construed as authority to withhold any information from the Committees
on Armed Services of the Senate and House of Representatives on the
grounds that providing the information to those committees would
constitute the unauthorized disclosure of classified information,
information relating to intelligence sources and methods, or sensitive
law enforcement information.
(2) Nothing in this section shall be construed to modify or
supersede any other requirement to report information on intelligence
activities to the Congress, including the requirement under section 501
of the National Security Act of 1947 (50 U.S.C. 413) for the President
to ensure that the congressional intelligence committees are kept fully
informed of the intelligence activities of the United States and for
those committees to notify promptly other congressional committees of
any matter relating to intelligence activities requiring the attention
of those committees.
SEC. 3151. ANNUAL <<NOTE: 42 USC 7383e.>> REPORT BY THE PRESIDENT
ON ESPIONAGE BY THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Annual Report Required.--The President shall transmit to
Congress an annual report on the steps being taken by the Department of
Energy, the Department of Defense, the Federal Bureau of Investigation,
the Central Intelligence Agency, and all other relevant executive
departments and agencies to respond to espionage and other intelligence
activities by the People's Republic of China, particularly with respect
to--
[[Page 113 STAT. 940]]
(1) the theft of sophisticated United States nuclear weapons
design information; and
(2) the targeting by the People's Republic of China of
United States nuclear weapons codes and other national security
information of strategic concern.
(b) Initial <<NOTE: Deadline.>> Report.--The first report under this
section shall be transmitted not later than March 1, 2000.
SEC. 3152. REPORT <<NOTE: 42 USC 7383f.>> ON COUNTERINTELLIGENCE
AND SECURITY PRACTICES AT NATIONAL
LABORATORIES.
(a) In <<NOTE: Deadline.>> General.--Not later than March 1 of each
year, the Secretary of Energy shall submit to the Congress a report for
the preceding year on counterintelligence and security practices at the
facilities of the national laboratories (whether or not classified
activities are carried out at the facility).
(b) Content of Report.--The report shall include, with respect to
each national laboratory, the following:
(1) The number of employees, including full-time
counterintelligence and security professionals and contractor
employees.
(2) A description of the counterintelligence and security
training courses conducted and, for each such course, any
requirement that employees successfully complete that course.
(3) A description of each contract awarded that provides an
incentive for the effective performance of counterintelligence
or security activities.
(4) A description of the requirement that an employee report
the travel to sensitive countries of that employee (whether or
not the travel was for official business).
(5) The number of trips by individuals who traveled to
sensitive countries, with identification of the sensitive
countries visited.
SEC. 3153. REPORT <<NOTE: 42 USC 7383g.>> ON SECURITY
VULNERABILITIES OF NATIONAL LABORATORY
COMPUTERS.
(a) Report <<NOTE: Deadline.>> Required.--Not later than March 1 of
each year, the National Counterintelligence Policy Board shall prepare a
report on the security vulnerabilities of the computers of the national
laboratories.
(b) Preparation of Report.--In preparing the report, the National
Counterintelligence Policy Board shall establish a so-called ``red
team'' of individuals to perform an operational evaluation of the
security vulnerabilities of the computers of one or more national
laboratories, including by direct experimentation. Such individuals
shall be selected by the National Counterintelligence Policy Board from
among employees of the Department of Defense, the National Security
Agency, the Central Intelligence Agency, the Federal Bureau of
Investigation, and of other agencies, and may be detailed to the
National Counterintelligence Policy Board 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> later than 30 days after the report is
submitted, the Secretary and
[[Page 113 STAT. 941]]
the Director shall each separately forward that report, with the
recommendations in classified and unclassified form of the Secretary or
the Director, as applicable, in response to the findings of that report,
to the following:
(1) The Committee on Armed Services and the Select Committee
on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
(e) First Report.--The first report under this section shall be the
report for the year 2000. That report shall cover each of the national
laboratories.
SEC. 3154. COUNTERINTELLIGENCE <<NOTE: 42 USC 7383h.>> POLYGRAPH
PROGRAM.
(a) Program Required.--The Secretary of Energy, acting through the
Director of Counterintelligence, shall carry out a counterintelligence
polygraph program for the defense-related activities of the Department.
The counterintelligence polygraph program shall consist of the
administration of counterintelligence polygraph examinations to each
covered person who has access to high-risk programs.
(b) Covered Persons.--For purposes of this section, a covered person
is one of the following:
(1) An officer or employee of the Department.
(2) An expert or consultant under contract to the
Department.
(3) An officer or employee of a contractor of the
Department.
(c) High-Risk Programs.--For purposes of this section, high-risk
programs are the programs known as--
(1) Special Access Programs; and
(2) Personnel Security and Assurance Programs.
(d) Initial Testing and Consent.--The Secretary may not permit a
covered person to have initial access to any high-risk program unless
that person first undergoes a counterintelligence polygraph examination
and consents in a signed writing to the counterintelligence polygraph
examinations required by this section.
(e) Additional Testing.--The Secretary may not permit a covered
person to have continued access to any high-risk program unless that
person undergoes a counterintelligence polygraph examination within five
years after that person has initial access, and thereafter--
(1) not less frequently than every five years; and
(2) at any time at the direction of the Director of
Counterintelligence.
(f) Counterintelligence Polygraph Examination.--For purposes of this
section, the term ``counterintelligence polygraph examination'' means a
polygraph examination using questions reasonably calculated to obtain
counterintelligence information, including questions relating to
espionage, sabotage, unauthorized disclosure of classified information,
and unauthorized contact with foreign nationals.
(g) Regulations.--The Secretary shall prescribe any regulations
necessary to carry out this section. Those regulations shall include
procedures, to be developed in consultation with the Federal Bureau of
Investigation, for--
(1) identifying and addressing ``false positive'' results of
polygraph examinations; and
[[Page 113 STAT. 942]]
(2) ensuring that adverse personnel actions not be taken
against an individual solely by reason of that individual's
physiological reaction to a question in a polygraph examination,
unless reasonable efforts are first made to independently
determine through alternative means the veracity of that
individual's response to that question.
(h) Plan for Extension of Program.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a plan on extending the program
required by this section. The plan shall provide for the administration
of counterintelligence polygraph examinations in accordance with the
program to each covered person who has access to--
(1) the programs known as Personnel Assurance Programs; and
(2) the information identified as Sensitive Compartmented
Information.
SEC. 3155. DEFINITIONS <<NOTE: 42 USC 7383i.>> OF NATIONAL
LABORATORY AND NUCLEAR WEAPONS
PRODUCTION FACILITY.
For purposes of this subtitle:
(1) The term ``national laboratory'' means any of the
following:
(A) The Lawrence Livermore National Laboratory,
Livermore, California.
(B) The Los Alamos National Laboratory, Los Alamos,
New Mexico.
(C) The Sandia National Laboratories, Albuquerque,
New Mexico and Livermore, California.
(2) The term ``nuclear weapons production facility'' means
any of the following:
(A) The Kansas City Plant, Kansas City, Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y-12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations at the Savannah River
Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
SEC. 3156. <<NOTE: 42 USC 7383j.>> DEFINITION OF RESTRICTED DATA.
In this subtitle, the term ``Restricted Data'' has the meaning given
that term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)).
Subtitle E--Matters Relating to Personnel
SEC. 3161. EXTENSION <<NOTE: 5 USC 5597 note.>> 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 (as contained in section 101(f) of division A of Public Law
104-208; 110 Stat. 3009-383; 5 U.S.C. 5597 note), the Department of
Energy may pay voluntary separation incentive payments under such
section 663 to qualifying employees who voluntarily separate (whether by
retirement or resignation) before January 1, 2003.
[[Page 113 STAT. 943]]
(b) Report.--(1) <<NOTE: Deadline.>> Not later than March 15, 2000,
the Secretary of Energy shall submit to the Director of the Office of
Personnel Management and the specified congressional committees a report
describing how the Department has, by reason of the provisions of
subsection (a), paid voluntary separation payments under such section
663.
(2) The report under paragraph (1) shall--
(A) include the occupations and grade levels of each
employee with respect to whom the Department has, by reason of
the provisions of subsection (a), paid voluntary separation
payments under such section 663; and
(B) describe how the paying of such payments by reason of
the provisions of subsection (a) relates to the restructuring
plans of the Department.
(3) For purposes of this subsection, the term ``specified
congressional committees'' means the following:
(A) The Committee on Armed Services, the Committee on
Government Reform, and the Committee on Commerce of the House of
Representatives.
(B) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
SEC. 3162. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL
TO THE DEPARTMENT OF ENERGY NUCLEAR
WEAPONS COMPLEX.
(a) In General.--Subsection (a) of section 3140 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 621; 42 U.S.C. 2121 note) is amended--
(1) by striking ``the Secretary'' in the second sentence and
all that follows through ``provide educational assistance'' and
inserting ``the Secretary shall provide educational
assistance'';
(2) by striking the semicolon 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 Laboratories, Albuquerque, New
Mexico, and Livermore, California.''.
(d) Agreement Required.--Subsection (f) of such section is amended
to read as follows:
``(f) Agreement.--(1) The Secretary may allow an individual to
participate in the program only if the individual signs an 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.''.
[[Page 113 STAT. 944]]
(e) Plan.--(1) <<NOTE: Deadline.>> 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. 3163. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE
DEPARTMENT OF DEFENSE AND DEPARTMENT OF
ENERGY.
(a) Administration of Joint Nuclear Weapons Council.--(1) Subsection
(b) of section 179 of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3) The Council shall meet not less often than once every three
months.''.
(2) Subsection (c) of that section is amended by adding at the end
the following new paragraph:
``(3)(A) Whenever the position of Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense Programs has
been vacant a period of more than 6 months, the Secretary of Energy
shall designate a qualified individual to serve as acting staff director
of the Council until the position of that Assistant to the Secretary is
filled.
``(B) An individual appointed under subparagraph (A) shall possess
substantial technical and policy experience relevant to the management
and oversight of nuclear weapons programs.''.
(b) Revitalization of Joint Nuclear Weapons Council.--
(1) <<NOTE: Deadline.>> The Secretary of Defense and the Secretary of
Energy shall jointly prepare, and not later than March 15, 2000, submit
to the committees specified in subsection (g), a plan to revitalize the
Joint Nuclear Weapons Council established by section 179 of title 10,
United States Code.
(2) The plan shall include any proposed modification to the
membership or responsibilities of the Council that the Secretaries
jointly determine advisable to enhance the capability of the Council to
ensure the integration of Department of Defense requirements for nuclear
weapons into the programs and budget processes of the Department of
Energy.
(c) Annual Report on Council Activities.--Section 179(f) of title
10, United States Code, is amended by adding at the end the following:
``(3) A description of the activities of the Council during
the 12-month period ending on the date of the report together
with any assessments or studies conducted by the Council during
that period.
[[Page 113 STAT. 945]]
``(4) A description of the highest priority requirements of
the Department of Defense with respect to the Department of
Energy stockpile stewardship and management program as of that
date.
``(5) An assessment of the extent to which the requirements
referred to in paragraph (4) are being addressed by the
Department of Energy as of that date.''.
(d) Nuclear <<NOTE: 10 USC 113 note.>> Mission Management Plan.--(1)
The Secretary of Defense shall develop and implement a plan to ensure
the continued reliability of the capability of the Department of Defense
to carry out its nuclear deterrent mission.
(2) The plan shall do the following:
(A) Articulate the current policy of the United States on
the role of nuclear weapons and nuclear deterrence in the
conduct of defense and foreign relations matters.
(B) Establish stockpile viability and capability
requirements with respect to that mission, including the number
and variety of warheads required.
(C) Establish requirements relating to the contractor
industrial base, support infrastructure, and surveillance,
testing, assessment, and certification of nuclear weapons
necessary to support that mission.
(3) The plan shall take into account the following:
(A) Requirements for the critical skills, readiness,
training, exercise, and testing of personnel necessary to meet
that mission.
(B) The relevant programs and plans of the military
departments and the Defense Agencies with respect to readiness,
sustainment (including research and development), and
modernization of the strategic deterrent forces.
(e) Nuclear <<NOTE: Deadline.>> Expertise Retention Measures.--(1)
Not later than March 15, 2000, the Secretary of Energy and Secretary of
Defense shall submit to the committees specified in subsection (g) a
joint plan setting forth the actions that the Secretaries consider
necessary to retain core scientific, engineering, and technical skills
and capabilities within the Department of Energy, the Department of
Defense, and the contractors of those departments in order to maintain
the United States nuclear deterrent force indefinitely.
(2) The plan shall include the following elements:
(A) A baseline of current skills and capabilities by
location.
(B) A statement of the skills or capabilities that are at
risk of being lost within the next ten years.
(C) A statement of measures that will be taken to retain
such skills and capabilities.
(D) A proposal for recruitment measures to address the loss
of such skills or capabilities.
(E) A proposal for the training and evaluation of personnel
with core scientific, engineering, and technical skills and
capabilities.
(F) A statement of the additional advanced manufacturing
programs and process engineering programs that are required to
maintain the nuclear deterrent force indefinitely.
(G) An assessment of the desirability of establishing a
nuclear weapons workforce reserve to ensure the availability of
the skills and capabilities of present and former employees of
the Department of Energy, the Department of Defense, and
[[Page 113 STAT. 946]]
the contractors of those departments in the event of an urgent
future need for such skills and capabilities.
(f) Reports on Critical Difficulties at Nuclear Weapons
Laboratories.--Section 3159 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842; 42 U.S.C.
7274o) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Inclusion of Reports in Annual Stockpile Certification.--Any
report submitted pursuant to subsection (a) shall also be included with
the decision documents that accompany the annual certification of the
safety and reliability of the United States nuclear weapons stockpile
which is provided to the President for the year in which such report is
submitted.''.
(g) Specified Committees.--The committees specified in this
subsection are the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
SEC. 3164. <<NOTE: 42 USC 7239.>> WHISTLEBLOWER PROTECTION PROGRAM.
(a) Program <<NOTE: Establishment.>> Required.--The Secretary of
Energy shall establish a program to ensure that covered individuals may
not be discharged, demoted, or otherwise discriminated against as a
reprisal for making protected disclosures.
(b) Covered Individuals.--For purposes of this section, a covered
individual is an individual who is an employee of the Department of
Energy, or of a contractor of the Department, who is engaged in the
defense activities of the Department.
(c) Protected Disclosures.--For purposes of this section, a
protected disclosure is a disclosure--
(1) made by a covered individual who takes appropriate steps
to protect the security of the information in accordance with
guidance provided under this section;
(2) made to a person or entity specified in subsection (d);
and
(3) of classified or other information that the covered
individual reasonably believes to provide direct and specific
evidence of any of the following:
(A) A violation of law or Federal regulation.
(B) Gross mismanagement, a gross waste of funds, or
abuse of authority.
(C) A false statement to Congress on an issue of
material fact.
(d) Persons and Entities to Which Disclosures May Be Made.--A person
or entity specified in this subsection is any of the following:
(1) A member of a committee of Congress having primary
responsibility for oversight of the department, agency, or
element of the Government to which the disclosed information
relates.
(2) An employee of Congress who is a staff member of such a
committee and has an appropriate security clearance for access
to information of the type disclosed.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
[[Page 113 STAT. 947]]
(5) Any other element of the Government designated by the
Secretary as authorized to receive information of the type
disclosed.
(e) Official Capacity of Persons to Whom Information is Disclosed.--
A member of, or an employee of Congress who is a staff member of, a
committee of Congress specified in subsection (d) who receives a
protected disclosure under this section does so in that member or
employee's official capacity as such a member or employee.
(f) Assistance and Guidance.--The Secretary, acting through the
Inspector General of the Department of Energy, shall provide assistance
and guidance to each covered individual who seeks to make a protected
disclosure under this section. Such assistance and guidance shall
include the following:
(1) Identifying the persons or entities under subsection (d)
to which that disclosure may be made.
(2) Advising that individual regarding the steps to be taken
to protect the security of the information to be disclosed.
(3) Taking appropriate actions to protect the identity of
that individual throughout that disclosure.
(4) Taking appropriate actions to coordinate that disclosure
with any other Federal agency or agencies that originated the
information.
(g) Regulations.--The Secretary shall prescribe regulations to
ensure the security of any information disclosed under this section.
(h) Notification to Covered Individuals.--The Secretary shall notify
each covered individual of the following:
(1) The rights of that individual under this section.
(2) The assistance and guidance provided under this section.
(3) That the individual has a responsibility to obtain that
assistance and guidance before seeking to make a protected
disclosure.
(i) Complaint by Covered Individuals.--If a covered individual
believes that that individual has been discharged, demoted, or otherwise
discriminated against as a reprisal for making a protected disclosure
under this section, the individual may submit a complaint relating to
such matter to the Director of the Office of Hearings and Appeals of the
Department of Energy.
(j) Investigation by Office of Hearings and Appeals.--(1) For each
complaint submitted under subsection (i), the Director of the Office of
Hearings and Appeals shall--
(A) determine whether or not the complaint is frivolous; and
(B) if the Director determines the complaint is not
frivolous, conduct an investigation of the complaint.
(2) <<NOTE: Reports.>> The Director shall submit a report on each
investigation undertaken under paragraph (1)(B) to--
(A) the individual who submitted the complaint on which the
investigation is based;
(B) the contractor concerned, if any; and
(C) the Secretary of Energy.
(k) Remedial Action.--(1) Whenever the Secretary determines that a
covered individual has been discharged, demoted, or otherwise
discriminated against as a reprisal for making a protected disclosure
under this section, the Secretary shall--
[[Page 113 STAT. 948]]
(A) in the case of a Department employee, take appropriate
actions to abate the action; or
(B) in the case of a contractor employee, order the
contractor concerned to take appropriate actions to abate the
action.
(2)(A) If a contractor fails to comply with an order issued under
paragraph (1)(B), the Secretary may file an action for enforcement of
the order in the appropriate United States district court.
(B) In any action brought under subparagraph (A), the court may
grant appropriate relief, including injunctive relief and compensatory
and exemplary damages.
(l) Relationship to Other Laws.--The protections provided by this
section are independent of, and not subject to any limitations that may
be provided in, the Whistleblower Protection Act of 1989 (Public Law
101-512) or any other law that may provide protection for disclosures of
information by employees of the Department of Energy or of a contractor
of the Department.
(m) Annual <<NOTE: Deadline.>> Report.--(1) Not later than 30 days
after the commencement of each fiscal year, the Director shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the investigations
undertaken under subsection (j)(1)(B) during the preceding fiscal year,
including a summary of the results of each such investigation.
(2) A report under paragraph (1) may not identify or otherwise
provide any information about an individual submitting a complaint under
this section without the consent of the individual.
(n) Implementation Report.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report describing the implementation of
the program required by this section.
Subtitle F--Other Matters
SEC. 3171. REQUIREMENT FOR PLAN TO IMPROVE REPROGRAMMING
PROCESSES.
Not <<NOTE: Deadline.>> later than November 15, 1999, the Secretary
of Energy shall submit to the congressional defense committees a report
on improving the reprogramming processes relating to the defense
activities of the Department of Energy. The report shall include a plan
to ensure that the reprogramming requests of the Department relating to
those activities are submitted in a timely and disciplined manner.
SEC. 3172. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.
(a) Plan.--The Secretary of Energy shall develop a long-term plan
for the integrated management of fissile materials by the Department of
Energy. The plan shall--
(1) identify means of coordinating or integrating the
responsibilities of the Office of Environmental Management, the
Office of Fissile Materials Disposition, the Office of Nuclear
Energy, and the Office of Defense Programs for the treatment,
storage and disposition of fissile materials, and for the waste
streams
[[Page 113 STAT. 949]]
containing fissile materials, in order to achieve budgetary and
other efficiencies in the discharge of those responsibilities;
and
(2) identify any expenditures necessary at the sites that
are anticipated to have an enduring mission for plutonium
management in order to achieve the integrated management of
fissile materials by the Department.
(b) Submittal <<NOTE: Deadline.>> to Congress.--The Secretary shall
submit the plan required by subsection (a) to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives not later than March 31, 2000.
SEC. 3173. IDENTIFICATION <<NOTE: 50 USC 435 note.>> IN BUDGET
MATERIALS OF AMOUNTS FOR
DECLASSIFICATION ACTIVITIES AND
LIMITATION ON EXPENDITURES FOR SUCH
ACTIVITIES.
(a) Amounts for Declassification of Records.--The Secretary of
Energy shall include in the budget justification materials submitted to
Congress in support of the Department of Energy budget for any fiscal
year (as submitted with the budget of the President under section
1105(a) of title 31, United States Code) specific identification, as a
budgetary line item, of the amounts required to carry out programmed
activities during that fiscal year to declassify records pursuant to
Executive Order No. 12958 (50 U.S.C. 435 note), or any successor
Executive order, or to comply with any statutory requirement to
declassify Government records.
(b) Certification Required With Respect To Automatic
Declassification of Records.--No records of the Department of Energy
that have not as of the date of the enactment of this Act been reviewed
for declassification shall be subject to automatic declassification
unless the Secretary of Energy certifies to Congress that such
declassification would not harm the national security.
(c) Report on Automatic Declassification of Department of Energy
Records.--Not <<NOTE: Deadline.>> later than February 1, 2001, the
Secretary of Energy shall submit to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services of the
Senate a report on the efforts of the Department of Energy relating to
the declassification of classified records under the control of the
Department of Energy. Such report shall include the following:
(1) An assessment of whether the Department will be able to
review all relevant records for declassification before any date
established for automatic declassification.
(2) An estimate of the number of records, if any, that the
Department will be unable to review for declassification before
any such date and the effect on national security of the
automatic declassification of those records.
(3) An estimate of the length of time by which any such date
would need to be extended to avoid the automatic
declassification of records that have not yet been reviewed as
of such date.
SEC. 3174. SENSE OF CONGRESS REGARDING TECHNOLOGY TRANSFER
COORDINATION FOR DEPARTMENT OF ENERGY
NATIONAL LABORATORIES.
(a) Technology <<NOTE: Deadline.>> Transfer Coordination.--It is the
sense of Congress that, within 90 days after the date of the enactment
of this Act, the Secretary of Energy should ensure, for each national
laboratory, the following:
[[Page 113 STAT. 950]]
(1) Consistency of technology transfer policies and
procedures with respect to patenting, licensing, and
commercialization.
(2) Training to ensure that laboratory personnel responsible
for patenting, licensing, and commercialization activities are
knowledgeable of the appropriate legal, procedural, and ethical
standards.
(b) Definition of National Laboratory.--As used in this section, the
term ``national laboratory'' means any of the following laboratories:
(1) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
(2) The Lawrence Livermore National Laboratory, Livermore,
California.
(3) The Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.
SEC. 3175. PILOT <<NOTE: 42 USC 7257 note.>> PROGRAM FOR PROJECT
MANAGEMENT OVERSIGHT REGARDING
DEPARTMENT OF ENERGY CONSTRUCTION
PROJECTS.
(a) Requirement.--(1) The Secretary of Energy shall carry out a
pilot program on use of project management oversight services (in this
section referred to as ``PMO services'') for construction projects of
the Department of Energy.
(2) The purpose of the pilot program shall be to provide a basis for
determining whether or not the use of competitively procured, external
PMO services for those construction projects would permit the Department
to control excessive costs and schedule delays associated with those
construction projects that have large capital costs.
(b) Projects Covered by Program.--(1) Subject to paragraph (2), the
Secretary shall carry out the pilot program at construction projects
selected by the Secretary. The projects shall include one or more
construction projects authorized pursuant to section 3101 and one
construction project authorized pursuant to section 3102.
(2) Each project selected by the Secretary shall be a project having
capital construction costs anticipated to be not less than $25,000,000.
(c) Services Under Program.--The PMO services used under the pilot
program shall include the following services:
(1) Monitoring the overall progress of a project.
(2) Determining whether or not a project is on schedule.
(3) Determining whether or not a project is within budget.
(4) Determining whether or not a project conforms with plans
and specifications approved by the Department.
(5) Determining whether or not a project is being carried
out efficiently and effectively.
(6) Any other management oversight services that the
Secretary considers appropriate for purposes of the pilot
program.
(d) Procurement of Services Under Program.--Any PMO services
procured under the pilot program shall be acquired--
(1) on a competitive basis; and
(2) from among commercial entities that--
(A) do not currently manage or operate facilities at
a location where the pilot program is being conducted;
and
[[Page 113 STAT. 951]]
(B) have an expertise in the management of large
construction projects.
(e) Report.--Not <<NOTE: Deadline.>> later than February 1, 2000,
the Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the pilot program.
The report shall include the assessment of the Secretary as to the
feasibility and desirability of using PMO services for construction
projects of the Department.
SEC. 3176. PILOT PROGRAM OF DEPARTMENT OF ENERGY TO AUTHORIZE USE
OF PRIOR YEAR UNOBLIGATED BALANCES FOR
ACCELERATED SITE CLEANUP AT ROCKY FLATS
ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.
(a) Authority To Use Amounts.--The Secretary of Energy shall carry
out a pilot program under which the Secretary may use prior year
unobligated balances in the defense environment management account for
the closure project of the Department of Energy at the Rocky Flats
Environmental Technology Site, Colorado, for purposes of meeting
accelerated cleanup schedule milestones with respect to that closure
project. The amount of prior year unobligated balances that are
obligated under the pilot program in any fiscal year may not exceed
$15,000,000.
(b) Notice <<NOTE: Deadline.>> of Intent to Use Authority.--Not less
than 30 days before any obligation of funds under the pilot program
under subsection (a), the Secretary shall notify the congressional
defense committees of the intent of the Secretary to make such
obligation.
(c) Report <<NOTE: Deadline.>> on Pilot Program.--Not later than
July 31, 2002, the Secretary shall submit to the congressional defense
committees and the Committee on Commerce of the House of Representatives
a report on the implementation of the pilot program carried out under
subsection (a). The report shall include the following:
(1) Any use of the authority under that pilot program.
(2) The recommendations of the Secretary as to whether--
(A) the termination date in subsection (d) should be
extended; and
(B) the authority under that pilot program should be
applied to additional closure projects of the
Department.
(d) Termination.--The authority to obligate funds under the pilot
program shall cease to be in effect at the close of September 30, 2002.
SEC. 3177. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM ROCKY
FLATS ENVIRONMENTAL TECHNOLOGY SITE,
COLORADO, TO WASTE ISOLATION PILOT
PLANT, NEW MEXICO.
(a) Submittal of Proposed Schedule.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Energy shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services and the Committee on Commerce of the House
of Representatives a proposed schedule for shipment of mixed and unmixed
transuranic waste from the Rocky Flats Environmental Technology Site,
Colorado, to the Waste Isolation Pilot Plant, New Mexico. The proposed
schedule shall identify a schedule for certifying, producing, and
delivering appropriate shipping containers.
(b) Requirements Regarding Schedule.--In preparing the schedule
required under subsection (a), the Secretary shall assume the following:
[[Page 113 STAT. 952]]
(1) That the Rocky Flats Environmental Technology Site will
have a closure date that is in 2006.
(2) That all waste that is transferable from the Rocky Flats
Environmental Technology Site to the Waste Isolation Pilot Plant
will be removed from the Rocky Flats Environmental Technology
Site by that closure date as specified in the current 2006 Rocky
Flats Environmental Technology Site Closure Plan.
(3) That, to the maximum extent practicable, shipments of
waste from the Rocky Flats Environmental Technology Site to the
Waste Isolation Pilot Plant will be carried out on an expedited
schedule, but not interfere with other shipments of waste to the
Waste Isolation Pilot Plant that are planned as of the date of
the enactment of this Act.
SEC. 3178. COMPTROLLER GENERAL REPORT ON CLOSURE OF ROCKY FLATS
ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.
(a) Report.--Not <<NOTE: Deadline.>> later than December 31, 2000,
the Comptroller General shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report assessing the
progress in the closure of the Rocky Flats Environmental Technology
Site, Colorado.
(b) Report Elements.--The report shall address and make
recommendations on the following:
(1) How decisions with respect to the future use of the
Rocky Flats Environmental Technology Site affect ongoing cleanup
at the site.
(2) How failure to make decisions with respect to the future
use of the Rocky Flats site affect ongoing cleanup at that site.
(3) Whether the Secretary of Energy could provide additional
flexibility to the contractor at the Rocky Flats site in order
to accelerate the cleanup of that site.
(4) Whether the Secretary could take additional actions
throughout the nuclear weapons complex of the Department of
Energy in order to accelerate the closure of the Rocky Flats
site.
(5) The developments, if any, since the April 1999 report of
the Comptroller General that could alter the pace of the closure
of the Rocky Flats site.
(6) The possibility of closure of the Rocky Flats site by
2006.
(7) The actions that should be taken by the Secretary or
Congress to ensure that the Rocky Flats site will be closed by
2006.
(8) The impact of the schedule to transport mixed and
unmixed transuranic waste on the ability of the Secretary to
close the Rocky Flats site by 2006.
SEC. 3179. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT PLANT, NEW
MEXICO.
Section 1433(a) of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 2073) is amended in the second
sentence by striking ``nine additional one-year periods'' and inserting
``fourteen additional one-year periods''.
[[Page 113 STAT. 953]]
TITLE <<NOTE: National Nuclear Security Administration Act.>> XXXII--
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Sec. 3201. Short title.
Sec. 3202. Under Secretary for Nuclear Security of Department of Energy.
Sec. 3203. Establishment of policy for National Nuclear Security
Administration.
Sec. 3204. Organization of Department of Energy counterintelligence and
intelligence programs and activities.
Subtitle A--Establishment and Organization
Sec. 3211. Establishment and mission.
Sec. 3212. Administrator for Nuclear Security.
Sec. 3213. Status of Administration and contractor personnel within
Department of Energy.
Sec. 3214. Deputy Administrator for Defense Programs.
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation.
Sec. 3216. Deputy Administrator for Naval Reactors.
Sec. 3217. General Counsel.
Sec. 3218. Staff of Administration.
Subtitle B--Matters Relating to Security
Sec. 3231. Protection of national security information.
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of
Defense Nuclear Security.
Sec. 3233. Counterintelligence programs.
Sec. 3234. Procedures relating to access by individuals to classified
areas and information of Administration.
Sec. 3235. Government access to information on Administration computers.
Sec. 3236. Congressional oversight of special access programs.
Subtitle C--Matters Relating to Personnel
Sec. 3241. Authority to establish certain scientific, engineering, and
technical positions.
Sec. 3242. Voluntary early retirement authority.
Sec. 3243. Severance pay.
Sec. 3244. Continued coverage of health care benefits.
Subtitle D--Budget and Financial Management
Sec. 3251. Separate treatment in budget.
Sec. 3252. Planning, programming, and budgeting process.
Sec. 3253. Future-years nuclear security program.
Subtitle E--Miscellaneous Provisions
Sec. 3261. Environmental protection, safety, and health requirements.
Sec. 3262. Compliance with Federal Acquisition Regulation.
Sec. 3263. Sharing of technology with Department of Defense.
Sec. 3264. Use of capabilities of national security laboratories by
entities outside the Administration.
Subtitle F--Definitions
Sec. 3281. Definitions.
Subtitle G--Amendatory Provisions, Transition Provisions, and Effective
Dates
Sec. 3291. Functions transferred.
Sec. 3292. Transfer of funds and employees.
Sec. 3293. Pay levels.
Sec. 3294. Conforming amendments.
Sec. 3295. Transition provisions.
Sec. 3296. Applicability of preexisting laws and regulations.
Sec. 3297. Report containing implementation plan of Secretary of Energy.
Sec. 3298. Classification in United States Code.
Sec. 3299. Effective dates.
SEC. 3201. <<NOTE: 50 USC 2401 note.>> SHORT TITLE.
This title may be cited as the ``National Nuclear Security
Administration Act''.
[[Page 113 STAT. 954]]
SEC. 3202. UNDER SECRETARY FOR NUCLEAR SECURITY OF DEPARTMENT OF
ENERGY.
Section 202 of the Department of Energy Organization Act (42 U.S.C.
7132) is amended by adding at the end the following new subsection:
``(c)(1) There shall be in the Department an Under Secretary for
Nuclear Security, who shall be appointed by the President, by and with
the advice and consent of the Senate. The Under Secretary shall be
compensated at the rate provided for at level III of the Executive
Schedule under section 5314 of title 5, United States Code.
``(2) The Under Secretary for Nuclear Security shall be appointed
from among persons who--
``(A) have extensive background in national security,
organizational management, and appropriate technical fields; and
``(B) are well qualified to manage the nuclear weapons,
nonproliferation, and materials disposition programs of the
National Nuclear Security Administration in a manner that
advances and protects the national security of the United
States.
``(3) The Under Secretary for Nuclear Security shall serve as the
Administrator for Nuclear Security under section 3212 of the National
Nuclear Security Administration Act. In carrying out the functions of
the Administrator, the Under Secretary shall be subject to the
authority, direction, and control of the Secretary. Such authority,
direction, and control may be delegated only to the Deputy Secretary of
Energy, without redelegation.''.
SEC. 3203. ESTABLISHMENT OF POLICY FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Establishment of Policy for Administration.--The Department of
Energy Organization Act is amended by adding at the end of title II (42
U.S.C. 7131 et seq.) the following new section:
``establishment of policy for national nuclear security administration
``Sec. 213. (a) <<NOTE: 42 USC 7144.>> The Secretary shall be
responsible for establishing policy for the National Nuclear Security
Administration.
``(b) The Secretary may direct officials of the Department who are
not within the National Nuclear Security Administration to review the
programs and activities of the Administration and to make
recommendations to the Secretary regarding administration of those
programs and activities, including consistency with other similar
programs and activities of the Department.
``(c) The Secretary shall have adequate staff to support the
Secretary in carrying out the Secretary's responsibilities under this
section.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Department of Energy Organization Act is amended by inserting after
the item relating to section 212 the following new item:
``213. Establishment of policy for National Nuclear Security
Administration.''.
[[Page 113 STAT. 955]]
SEC. 3204. ORGANIZATION OF DEPARTMENT OF ENERGY
COUNTERINTELLIGENCE AND INTELLIGENCE
PROGRAMS AND ACTIVITIES.
(a) Establishment of Offices.--The Department of Energy Organization
Act (42 U.S.C. 7101 et seq.) is amended by inserting after section 213,
as added by section 3203(a), the following new sections:
``establishment of security, counterintelligence, and intelligence
policies
``Sec. 214. <<NOTE: 42 USC 7144a.>> The Secretary shall be
responsible for developing and promulgating the security,
counterintelligence, and intelligence policies of the Department. The
Secretary may use the immediate staff of the Secretary to assist in
developing and promulgating those policies.
``office of counterintelligence
``Sec. <<NOTE: 42 USC 7144b.>> 215. (a) There is within the
Department an Office of Counterintelligence.
``(b)(1) The head of the Office shall be the Director of the Office
of Counterintelligence, which shall be a position in the Senior
Executive Service. The Director of the Office shall report directly to
the Secretary.
``(2) The Secretary shall select the Director of the Office from
among individuals who have substantial expertise in matters relating to
counterintelligence.
``(3) The Director of the Federal Bureau of Investigation may
detail, on a reimbursable basis, any employee of the Bureau to the
Department for service as Director of the Office. The service of an
employee of the Bureau as Director of the Office shall not result in any
loss of status, right, or privilege by the employee within the Bureau.
``(c)(1) The Director of the Office shall be responsible for
establishing policy for counterintelligence programs and activities at
Department facilities in order to reduce the threat of disclosure or
loss of classified and other sensitive information at such facilities.
``(2) The Director of the Office shall be responsible for
establishing policy for the personnel assurance programs of the
Department.
``(3) The Director shall inform the Secretary, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation on a regular basis, and upon specific request by any such
official, regarding the status and effectiveness of the
counterintelligence programs and activities at Department facilities.
``(d)(1) <<NOTE: Reports. Deadline.>> Not later than March 1 each
year, the Director of the Office shall submit a report on the status and
effectiveness of the counterintelligence programs and activities at each
Department facility during the preceding year. Each such report shall be
submitted to the following:
``(A) The Secretary.
``(B) The Director of Central Intelligence.
``(C) The Director of the Federal Bureau of Investigation.
``(D) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
[[Page 113 STAT. 956]]
``(E) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
``(2) Each such report shall include for the year covered by the
report the following:
``(A) A description of the status and effectiveness of the
counterintelligence programs and activities at Department
facilities.
``(B) A description of any violation of law or other
requirement relating to intelligence, counterintelligence, or
security at such facilities, including--
``(i) the number of violations that were
investigated; and
``(ii) the number of violations that remain
unresolved.
``(C) A description of the number of foreign visitors to
Department facilities, including the locations of the visits of
such visitors.
``(D) The adequacy of the Department's procedures and
policies for protecting national security information, making
such recommendations to Congress as may be appropriate.
``(E) A determination of whether each Department of Energy
national laboratory is in full compliance with all departmental
security requirements and, in the case of any such laboratory
that is not, what measures are being taken to bring that
laboratory into compliance.
``(3) <<NOTE: Deadline.>> Not less than 30 days before the date that
the report required by paragraph (1) is submitted, the director of each
Department of Energy national laboratory shall certify in writing to the
Director of the Office whether that laboratory is in full compliance
with all departmental security requirements and, if not, what measures
are being taken to bring that laboratory into compliance and a schedule
for implementing those measures.
``(4) Each report under this subsection as submitted to the
committees referred to in subparagraphs (D) and (E) of paragraph (1)
shall be submitted in unclassified form, but may include a classified
annex.
``office of intelligence
``Sec. 216. <<NOTE: 42 USC 7144c.>> (a) There is within the
Department an Office of Intelligence.
``(b)(1) The head of the Office shall be the Director of the Office
of Intelligence, which shall be a position in the Senior Executive
Service. The Director of the Office shall report directly to the
Secretary.
``(2) The Secretary shall select the Director of the Office from
among individuals who have substantial expertise in matters relating to
foreign intelligence.
``(c) Subject to the authority, direction, and control of the
Secretary, the Director of the Office shall perform such duties and
exercise such powers as the Secretary may prescribe.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Department of Energy Organization Act is amended by inserting after
the item relating to section 213, as added by section 3203(b), the
following new items:
``214. Establishment of security, counterintelligence, and intelligence
policies.
``215. Office of Counterintelligence.
``216. Office of Intelligence.''.
[[Page 113 STAT. 957]]
Subtitle A--Establishment and Organization
SEC. 3211. <<NOTE: 50 USC 2401.>> ESTABLISHMENT AND MISSION.
(a) Establishment.--There is established within the Department of
Energy a separately organized agency to be known as the National Nuclear
Security Administration (in this title referred to as the
``Administration'').
(b) Mission.--The mission of the Administration shall be the
following:
(1) To enhance United States national security through the
military application of nuclear energy.
(2) To maintain and enhance the safety, reliability, and
performance of the United States nuclear weapons stockpile,
including the ability to design, produce, and test, in order to
meet national security requirements.
(3) To provide the United States Navy with safe, militarily
effective nuclear propulsion plants and to ensure the safe and
reliable operation of those plants.
(4) To promote international nuclear safety and
nonproliferation.
(5) To reduce global danger from weapons of mass
destruction.
(6) To support United States leadership in science and
technology.
(c) Operations and Activities To Be Carried Out Consistent With
Certain Principles.--In carrying out the mission of the Administration,
the Administrator shall ensure that all operations and activities of the
Administration are consistent with the principles of protecting the
environment and safeguarding the safety and health of the public and of
the workforce of the Administration.
SEC. 3212. <<NOTE: 50 USC 2402.>> ADMINISTRATOR FOR NUCLEAR SECURITY.
(a) In General.--(1) There is at the head of the Administration an
Administrator for Nuclear Security (in this title referred to as the
``Administrator'').
(2) Pursuant to subsection (c) of section 202 of the Department of
Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of
this Act, the Under Secretary for Nuclear Security of the Department of
Energy serves as the Administrator.
(b) Functions.--The Administrator has authority over, and is
responsible for, all programs and activities of the Administration
(except for the functions of the Deputy Administrator for Naval Reactors
specified in the Executive order referred to in section 3216(b)),
including the following:
(1) Strategic management.
(2) Policy development and guidance.
(3) Budget formulation, guidance, and execution, and other
financial matters.
(4) Resource requirements determination and allocation.
(5) Program management and direction.
(6) Safeguards and security.
(7) Emergency management.
(8) Integrated safety management.
(9) Environment, safety, and health operations.
[[Page 113 STAT. 958]]
(10) Administration of contracts, including the management
and operations of the nuclear weapons production facilities and
the national security laboratories.
(11) Intelligence.
(12) Counterintelligence.
(13) Personnel, including the selection, appointment,
distribution, supervision, establishing of compensation, and
separation of personnel in accordance with subtitle C of this
title.
(14) Procurement of services of experts and consultants in
accordance with section 3109 of title 5, United States Code.
(15) Legal matters.
(16) Legislative affairs.
(17) Public affairs.
(18) Liaison with other elements of the Department of Energy
and with other Federal agencies, State, tribal, and local
governments, and the public.
(c) Procurement Authority.--The Administrator is the senior
procurement executive for the Administration for the purposes of section
16(3) of the Office of Federal Procurement Policy Act (41 U.S.C.
414(3)).
(d) Policy Authority.--The Administrator may establish
Administration-specific policies, unless disapproved by the Secretary of
Energy.
SEC. 3213. STATUS <<NOTE: 50 USC 2403.>> OF ADMINISTRATION AND
CONTRACTOR PERSONNEL WITHIN DEPARTMENT
OF ENERGY.
(a) Status of Administration Personnel.--Each officer or employee of
the Administration, in carrying out any function of the Administration--
(1) shall be responsible to and subject to the authority,
direction, and control of--
(A) the Secretary acting through the Administrator
and consistent with section 202(c)(3) of the Department
of Energy Organization Act;
(B) the Administrator; or
(C) the Administrator's designee within the
Administration; and
(2) shall not be responsible to, or subject to the
authority, direction, or control of, any other officer,
employee, or agent of the Department of Energy.
(b) Status of Contractor Personnel.--Each officer or employee of a
contractor of the Administration, in carrying out any function of the
Administration, shall not be responsible to, or subject to the
authority, direction, or control of, any officer, employee, or agent of
the Department of Energy who is not an employee of the Administration,
except for the Secretary of Energy consistent with section 202(c)(3) of
the Department of Energy Organization Act.
(c) Construction of Section.--Subsections (a) and (b) may not be
interpreted to in any way preclude or interfere with the communication
of technical findings derived from, and in accord with, duly authorized
activities between (1) the head, or any contractor employee, of a
national security laboratory or of a nuclear weapons production
facility, and (2) the Department of Energy, the President, or Congress.
[[Page 113 STAT. 959]]
SEC. 3214. DEPUTY <<NOTE: 50 USC 2404.>> ADMINISTRATOR FOR DEFENSE
PROGRAMS.
(a) In General.--There is in the Administration a Deputy
Administrator for Defense Programs, who is appointed by the President,
by and with the advice and consent of the Senate.
(b) Duties.--Subject to the authority, direction, and control of the
Administrator, the Deputy Administrator for Defense Programs shall
perform such duties and exercise such powers as the Administrator may
prescribe, including the following:
(1) Maintaining and enhancing the safety, reliability, and
performance of the United States nuclear weapons stockpile,
including the ability to design, produce, and test, in order to
meet national security requirements.
(2) Directing, managing, and overseeing the nuclear weapons
production facilities and the national security laboratories.
(3) Directing, managing, and overseeing assets to respond to
incidents involving nuclear weapons and materials.
(c) Relationship to Laboratories and Facilities.--The head of each
national security laboratory and nuclear weapons production facility
shall, consistent with applicable contractual obligations, report to the
Deputy Administrator for Defense Programs.
SEC. 3215. DEPUTY <<NOTE: 50 USC 2405.>> ADMINISTRATOR FOR DEFENSE
NUCLEAR NONPROLIFERATION.
(a) In General.--There is in the Administration a Deputy
Administrator for Defense Nuclear Nonproliferation, who is appointed by
the President, by and with the advice and consent of the Senate.
(b) Duties.--Subject to the authority, direction, and control of the
Administrator, the Deputy Administrator for Defense Nuclear
Nonproliferation shall perform such duties and exercise such powers as
the Administrator may prescribe, including the following:
(1) Preventing the spread of materials, technology, and
expertise relating to weapons of mass destruction.
(2) Detecting the proliferation of weapons of mass
destruction worldwide.
(3) Eliminating inventories of surplus fissile materials
usable for nuclear weapons.
(4) Providing for international nuclear safety.
SEC. 3216. DEPUTY <<NOTE: 50 USC 2406.>> ADMINISTRATOR FOR NAVAL
REACTORS.
(a) In General.--(1) There is in the Administration a Deputy
Administrator for Naval Reactors. The director of the Naval Nuclear
Propulsion Program provided for under the Naval Nuclear Propulsion
Executive Order shall serve as the Deputy Administrator for Naval
Reactors.
(2) Within the Department of Energy, the Deputy Administrator shall
report to the Secretary of Energy through the Administrator and shall
have direct access to the Secretary and other senior officials in the
Department.
(b) Duties.--The Deputy Administrator shall be assigned the
responsibilities, authorities, and accountability for all functions of
the Office of Naval Reactors under the Naval Nuclear Propulsion
Executive Order.
(c) Effect on Executive Order.--Except as otherwise specified in
this section and notwithstanding any other provision of
[[Page 113 STAT. 960]]
this title, the provisions of the Naval Nuclear Propulsion Executive
Order remain in full force and effect until changed by law.
(d) Naval Nuclear Propulsion Executive Order.--As used in this
section, the Naval Nuclear Propulsion Executive Order is Executive Order
No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) (as in force
pursuant to section 1634 of the Department of Defense Authorization Act,
1985 (Public Law 98-525; 42 U.S.C. 7158 note)).
SEC. 3217. <<NOTE: 50 USC 2407.>> GENERAL COUNSEL.
There is a General Counsel of the Administration. The General
Counsel is the chief legal officer of the Administration.
SEC. 3218. <<NOTE: 50 USC 2408.>> STAFF OF ADMINISTRATION.
(a) In General.--The Administrator shall maintain within the
Administration sufficient staff to assist the Administrator in carrying
out the duties and responsibilities of the Administrator.
(b) Responsibilities.--The staff of the Administration shall
perform, in accordance with applicable law, such of the functions of the
Administrator as the Administrator shall prescribe. The Administrator
shall assign to the staff responsibility for the following functions:
(1) Personnel.
(2) Legislative affairs.
(3) Public affairs.
(4) Liaison with other elements of the Department of Energy
and with other Federal agencies, State, tribal, and local
governments, and the public.
Subtitle B--Matters Relating to Security
SEC. 3231. PROTECTION <<NOTE: 50 USC 2421.>> OF NATIONAL SECURITY
INFORMATION.
(a) Policies and Procedures Required.--The Administrator shall
establish procedures to ensure the maximum protection of classified
information in the possession of the Administration.
(b) Prompt Reporting.--The Administrator shall establish procedures
to ensure prompt reporting to the Administrator of any significant
problem, abuse, violation of law or Executive order, or deficiency
relating to the management of classified information by personnel of the
Administration.
SEC. 3232. OFFICE <<NOTE: 50 USC 2422.>> OF DEFENSE NUCLEAR
COUNTERINTELLIGENCE AND OFFICE OF
DEFENSE NUCLEAR SECURITY.
(a) Establishment.--(1) There are within the Administration--
(A) an Office of Defense Nuclear Counterintelligence; and
(B) an Office of Defense Nuclear Security.
(2) Each office established under paragraph (1) shall be headed by a
Chief appointed by the Secretary of Energy. The Administrator shall
recommend to the Secretary suitable candidates for each such position.
(b) Chief of Defense Nuclear Counterintelligence.--(1) The head of
the Office of Defense Nuclear Counterintelligence is the Chief of
Defense Nuclear Counterintelligence, who shall report to the
Administrator and shall implement the counterintelligence policies
directed by the Secretary and Administrator.
(2) The Secretary shall appoint the Chief, in consultation with the
Director of the Federal Bureau of Investigation, from among
[[Page 113 STAT. 961]]
individuals who have special expertise in counterintelligence. If an
individual to serve as the Chief of Defense Nuclear Counterintelligence
is a Federal employee of an entity other than the Administration, the
service of that employee as Chief shall not result in any loss of
employment status, right, or privilege by that employee.
(3) The Chief shall have direct access to the Secretary and all
other officials of the Department and the contractors of the Department
concerning counterintelligence matters.
(4) The Chief shall be responsible for--
(A) the development and implementation of the
counterintelligence programs of the Administration to prevent
the disclosure or loss of classified or other sensitive
information; and
(B) the development and administration of personnel
assurance programs within the Administration.
(c) Chief of Defense Nuclear Security.--(1) The head of the Office
of Defense Nuclear Security is the Chief of Defense Nuclear Security,
who shall report to the Administrator and shall implement the security
policies directed by the Secretary and Administrator.
(2) The Chief shall have direct access to the Secretary and all
other officials of the Department and the contractors of the Department
concerning security matters.
(3) The Chief shall be responsible for the development and
implementation of security programs for the Administration, including
the protection, control and accounting of materials, and for the
physical and cyber security for all facilities of the Administration.
SEC. 3233. <<NOTE: 50 USC 2423.>> COUNTERINTELLIGENCE PROGRAMS.
(a) National Security Laboratories and Nuclear Weapons Production
Facilities.--The Administrator shall, at each national security
laboratory and nuclear weapons production facility, establish and
maintain a counterintelligence program adequate to protect national
security information at that laboratory or production facility.
(b) Other Facilities.--The Administrator shall, at each
Administration facility not described in subsection (a) at which
Restricted Data is located, assign an employee of the Office of Defense
Nuclear Counterintelligence who shall be responsible for and assess
counterintelligence matters at that facility.
SEC. 3234. PROCEDURES <<NOTE: 50 USC 2424.>> RELATING TO ACCESS BY
INDIVIDUALS TO CLASSIFIED AREAS AND
INFORMATION OF ADMINISTRATION.
The Administrator shall establish appropriate procedures to ensure
that any individual is not permitted unescorted access to any classified
area, or access to classified information, of the Administration until
that individual has been verified to hold the appropriate security
clearances.
SEC. 3235. GOVERNMENT <<NOTE: 50 USC 2425.>> ACCESS TO INFORMATION
ON ADMINISTRATION COMPUTERS.
(a) Procedures Required.--The Administrator shall establish
procedures to govern access to information on Administration computers.
Those procedures shall, at a minimum, provide that any individual who
has access to information on an Administration
[[Page 113 STAT. 962]]
computer shall be required as a condition of such access to provide to
the Administrator written consent which permits access by an authorized
investigative agency to any Administration computer used in the
performance of the duties of such employee during the period of that
individual's access to information on an Administration computer and for
a period of three years thereafter.
(b) Expectation of Privacy in Administration Computers.--
Notwithstanding any other provision of law (including any provision of
law enacted by the Electronic Communications Privacy Act of 1986), no
user of an Administration computer shall have any expectation of privacy
in the use of that computer.
(c) Definition.--For purposes of this section, the term ``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.
SEC. 3236. CONGRESSIONAL <<NOTE: 50 USC 2426.>> OVERSIGHT OF
SPECIAL ACCESS PROGRAMS.
(a) Annual Report on Special Access Programs.--(1) Not later than
February 1 of each year, the Administrator shall submit to the
congressional defense committees a report on special access programs of
the Administration.
(2) Each such report shall set forth--
(A) the total amount requested for such programs in the
President's budget for the next fiscal year submitted under
section 1105 of title 31, United States Code; and
(B) for each such program in that budget, the following:
(i) A brief description of the program.
(ii) A brief discussion of the major milestones
established for the program.
(iii) The actual cost of the program for each fiscal
year during which the program has been conducted before
the fiscal year during which that budget is submitted.
(iv) The estimated total cost of the program and the
estimated cost of the program for (I) the current fiscal
year, (II) the fiscal year for which the budget is
submitted, and (III) each of the four succeeding fiscal
years during which the program is expected to be
conducted.
(b) Annual Report on New Special Access Programs.--
(1) <<NOTE: Deadline.>> Not later than February 1 of each year, the
Administrator shall submit to the congressional defense committees a
report that, with respect to each new special access program, provides--
(A) notice of the designation of the program as a special
access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a program shall
include--
(A) the current estimate of the total program cost for the
program; and
(B) an identification of existing programs or technologies
that are similar to the technology, or that have a mission
similar to the mission, of the program that is the subject of
the notice.
[[Page 113 STAT. 963]]
(3) In this subsection, the term ``new special access program''
means a special access program that has not previously been covered in a
notice and justification under this subsection.
(c) Reports on Changes in Classification of Special Access
Programs.--(1) Whenever a change in the classification of a special
access program of the Administration is planned to be made or whenever
classified information concerning a special access program of the
Administration is to be declassified and made public, the Administrator
shall submit to the congressional defense committees a report containing
a description of the proposed change, the reasons for the proposed
change, and notice of any public announcement planned to be made with
respect to the proposed change.
(2) <<NOTE: Deadline.>> Except as provided in paragraph (3), any
report referred to in paragraph (1) shall be submitted not less than 14
days before the date on which the proposed change or public announcement
is to occur.
(3) If the Administrator determines that because of exceptional
circumstances the requirement of paragraph (2) cannot be met with
respect to a proposed change or public announcement concerning a special
access program of the Administration, the Administrator may submit the
report required by paragraph (1) regarding the proposed change or public
announcement at any time before the proposed change or public
announcement is made and shall include in the report an explanation of
the exceptional circumstances.
(d) Notice of Change in SAP Designation Criteria.--Whenever there is
a modification or termination of the policy and criteria used for
designating a program of the Administration as a special access program,
the Administrator shall promptly notify the congressional defense
committees of such modification or termination. Any such notification
shall contain the reasons for the modification or termination and, in
the case of a modification, the provisions of the policy as modified.
(e) Waiver Authority.--(1) The Administrator may waive any
requirement under subsection (a), (b), or (c) that certain information
be included in a report under that subsection if the Administrator
determines that inclusion of that information in the report would
adversely affect the national security. The Administrator may waive the
report-and-wait requirement in subsection (f) if the Administrator
determines that compliance with such requirement would adversely affect
the national security. Any waiver under this paragraph shall be made on
a case-by-case basis.
(2) If the Administrator exercises the authority provided under
paragraph (1), the Administrator shall provide the information described
in that subsection with respect to the special access program concerned,
and the justification for the waiver, jointly to the chairman and
ranking minority member of each of the congressional defense committees.
(f) Report and Wait for Initiating New Programs.--A special access
program may not be initiated until--
(1) the congressional defense committees are notified of the
program; and
(2) a period of 30 days elapses after such notification is
received.
[[Page 113 STAT. 964]]
Subtitle C--Matters Relating to Personnel
SEC. 3241. AUTHORITY <<NOTE: 50 USC 2441.>> TO ESTABLISH CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL
POSITIONS.
The Administrator may, for the purposes of carrying out the
responsibilities of the Administrator under this title, establish not
more than 300 scientific, engineering, and technical positions in the
Administration, appoint individuals to such positions, and fix the
compensation of such individuals. Subject to the limitations in the
preceding sentence, the authority of the Administrator to make
appointments and fix compensation with respect to positions in the
Administration under this section shall be equivalent to, and subject to
the limitations of, the authority under section 161 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2201(d)) to make appointments and fix
compensation with respect to officers and employees described in such
section.
SEC. 3242. VOLUNTARY <<NOTE: 50 USC 2442.>> EARLY RETIREMENT
AUTHORITY.
(a) Authority.--An employee of the Department of Energy who is
separated from the service under conditions described in subsection (b)
after completing 25 years of service or after becoming 50 years of age
and completing 20 years of service is entitled to an annuity in
accordance with the provisions in chapter 83 or 84 of title 5, United
States Code, as applicable.
(b) Conditions of Separation.--Subsection (a) applies to an employee
who--
(1) has been employed continuously by the Department of
Energy for more than 30 days before the date on which the
Secretary of Energy makes the determination required under
paragraph (4)(A);
(2) is serving under an appointment that is not limited by
time;
(3) has not received a decision notice of involuntary
separation for misconduct or unacceptable performance that is
pending decision; and
(4) is separated from the service voluntarily during a
period with respect to which--
(A) the Secretary of Energy determines that the
Department of Energy is undergoing a major
reorganization as a result of the establishment of the
National Nuclear Security Administration; and
(B) the employee is within the scope of an offer of
voluntary early retirement (as defined by organizational
unit, occupational series or level, geographical
location, any other similar factor that the Office of
Personnel Management determines appropriate, or any
combination of such definitions of scope), as determined
by the Secretary under regulations prescribed by the
Office.
(c) Treatment of Employees.--For purposes of chapters 83 and 84 of
title 5, United States Code (including for purposes of computation of an
annuity under such chapters), an employee entitled to an annuity under
this section shall be treated as an employee entitled to an annuity
under section 8336(d) or 8414(b) of such title, as applicable.
(d) Definitions.--As used in this section, the terms ``employee''
and ``annuity''--
[[Page 113 STAT. 965]]
(1) with respect to individuals covered by the Civil Service
Retirement System established in subchapter III of chapter 83 of
title 5, United States Code, have the meaning of such terms as
used in such chapter; and
(2) with respect to individuals covered by the Federal
Employees Retirement System established in chapter 84 of such
title, have the meaning of such terms as used in such chapter.
(e) Limitation and Termination of Authority.--The authority provided
in subsection (a)--
(1) may be applied with respect to a total of not more than
600 employees of the Department of Energy; and
(2) shall expire on September 30, 2003.
SEC. 3243. SEVERANCE PAY.
Section 5595 of title 5, United States Code, is amended by adding at
the end the following new subsection:
``(j)(1) In the case of an employee of the Department of Energy who
is entitled to severance pay under this section as a result of the
establishment of the National Nuclear Security Administration, the
Secretary of Energy may, upon application by the employee, pay the total
amount of the severance pay to the employee in one lump sum.
``(2)(A) If an employee paid severance pay in a lump sum under this
subsection is reemployed by the Government of the United States or the
government of the District of Columbia at such time that, had the
employee been paid severance pay in regular pay periods under subsection
(b), the payments of such pay would have been discontinued under
subsection (d) upon such reemployment, the employee shall repay to the
Department of Energy an amount equal to the amount of severance pay to
which the employee was entitled under this section that would not have
been paid to the employee under subsection (d) by reason of such
reemployment.
``(B) The period of service represented by an amount of severance
pay repaid by an employee under subparagraph (A) shall be considered
service for which severance pay has not been received by the employee
under this section.
``(C) Amounts repaid to the Department of Energy under this
paragraph shall be credited to the appropriation available for the pay
of employees of the agency for the fiscal year in which received.
Amounts so credited shall be merged with, and shall be available for the
same purposes and the same period as, the other funds in that
appropriation.
``(3) If an employee fails to repay to the Department of Energy an
amount required to be repaid under paragraph (2)(A), that amount is
recoverable from the employee as a debt due the United States.''.
SEC. 3244. CONTINUED COVERAGE OF HEALTH CARE BENEFITS.
Section 8905a(d)(4)(A) of title 5, United States Code, is amended by
inserting ``, or the Department of Energy due to a reduction in force
resulting from the establishment of the National Nuclear Security
Administration'' after ``reduction in force''.
[[Page 113 STAT. 966]]
Subtitle D--Budget and Financial Management
SEC. 3251. SEPARATE <<NOTE: 50 USC 2451.>> TREATMENT IN BUDGET.
(a) President's Budget.--In each budget submitted by the President
to the Congress under section 1105 of title 31, United States Code,
amounts requested for the Administration shall be set forth separately
within the other amounts requested for the Department of Energy.
(b) Budget Justification Materials.--In the budget justification
materials submitted to Congress in support of each such budget, the
amounts requested for the Administration shall be specified in
individual, dedicated program elements.
SEC. 3252. PLANNING, <<NOTE: 50 USC 2452.>> PROGRAMMING, AND
BUDGETING PROCESS.
The Administrator shall establish procedures to ensure that the
planning, programming, budgeting, and financial activities of the
Administration comport with sound financial and fiscal management
principles. Those procedures shall, at a minimum, provide for the
planning, programming, and budgeting of activities of the Administration
using funds that are available for obligation for a limited number of
years.
SEC. 3253. FUTURE-YEARS <<NOTE: 50 USC 2453.>> NUCLEAR SECURITY
PROGRAM.
(a) Submission to Congress.--The Administrator shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years nuclear security program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years nuclear
security program shall cover the fiscal year with respect to which the
budget is submitted and at least the four succeeding fiscal years.
(b) Elements.--Each future-years nuclear security program shall
contain the following:
(1) The estimated expenditures and proposed appropriations
necessary to support the programs, projects, and activities of
the Administration during the five-fiscal year period covered by
the program, expressed in a level of detail comparable to that
contained in the budget submitted by the President to Congress
under section 1105 of title 31, United States Code.
(2) A description of the anticipated workload requirements
for each Administration site during that five-fiscal year
period.
(c) Effect of Budget on Stockpile.--The Administrator shall include
in the materials the Administrator submits to Congress in support of the
budget for any fiscal year that is submitted by the President pursuant
to section 1105 of title 31, United States Code, a description of how
the funds identified for each program element in the weapons activities
budget of the Administration for such fiscal year will help ensure that
the nuclear weapons stockpile is safe and reliable as determined in
accordance with the criteria established under section 3158 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121 note).
(d) Consistency in Budgeting.--(1) The Administrator shall ensure
that amounts described in subparagraph (A) of paragraph
[[Page 113 STAT. 967]]
(2) for any fiscal year are consistent with amounts described in
subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information
submitted to Congress by the Administrator in support of
expenditure estimates and proposed appropriations in the budget
submitted to Congress by the President under section 1105(a) of
title 31, United States Code, for any fiscal year, as shown in
the future-years nuclear security program submitted pursuant to
subsection (a).
(B) The total amounts of estimated expenditures and proposed
appropriations necessary to support the programs, projects, and
activities of the Administration included pursuant to paragraph
(5) of section 1105(a) of such title in the budget submitted to
Congress under that section for any fiscal year.
(e) Treatment of Management Contingencies.--Nothing in this section
shall be construed to prohibit the inclusion in the future-years nuclear
security program of amounts for management contingencies, subject to the
requirements of subsection (d).
Subtitle E--Miscellaneous Provisions
SEC. 3261. ENVIRONMENTAL <<NOTE: 50 USC 2461.>> PROTECTION,
SAFETY, AND HEALTH REQUIREMENTS.
(a) Compliance Required.--The Administrator shall ensure that the
Administration complies with all applicable environmental, safety, and
health statutes and substantive requirements.
(b) Procedures Required.--The Administrator shall develop procedures
for meeting such requirements.
(c) Rule of Construction.--Nothing in this title shall diminish the
authority of the Secretary of Energy to ascertain and ensure that such
compliance occurs.
SEC. 3262. COMPLIANCE <<NOTE: 50 USC 2462.>> WITH FEDERAL
ACQUISITION REGULATION.
The Administrator shall establish procedures to ensure that the
mission and programs of the Administration are executed in full
compliance with all applicable provisions of the Federal Acquisition
Regulation issued pursuant to the Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.).
SEC. 3263. SHARING <<NOTE: 50 USC 2463.>> OF TECHNOLOGY WITH
DEPARTMENT OF DEFENSE.
The Administrator shall, in cooperation with the Secretary of
Defense, establish procedures and programs to provide for the sharing of
technology, technical capability, and expertise between the
Administration and the Department of Defense to further national
security objectives.
SEC. 3264. USE <<NOTE: 50 USC 2464.>> OF CAPABILITIES OF NATIONAL
SECURITY LABORATORIES BY ENTITIES
OUTSIDE THE ADMINISTRATION.
The Secretary, in consultation with the Administrator, shall
establish appropriate procedures to provide for the use, in a manner
consistent with the national security mission of the Administration
under section 3211(b), of the capabilities of the national security
laboratories by elements of the Department of Energy not within the
Administration, other Federal agencies, and other appropriate
[[Page 113 STAT. 968]]
entities, including the use of those capabilities to support efforts to
defend against weapons of mass destruction.
Subtitle F--Definitions
SEC. 3281. <<NOTE: 50 USC 2471.>> DEFINITIONS.
For purposes of this title:
(1) The term ``national security laboratory'' means any of
the following:
(A) Los Alamos National Laboratory, Los Alamos, New
Mexico.
(B) Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.
(C) Lawrence Livermore National Laboratory,
Livermore, California.
(2) The term ``nuclear weapons production facility'' means
any of the following:
(A) The Kansas City Plant, Kansas City, Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y-12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations facilities at the
Savannah River Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
(F) Any facility of the Department of Energy that
the Secretary of Energy, in consultation with the
Administrator and the Congress, determines to be
consistent with the mission of the Administration.
(3) The term ``classified information'' means any
information that has been determined pursuant to Executive Order
No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive
Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or
successor orders, to require protection against unauthorized
disclosure and that is so designated.
(4) The term ``Restricted Data'' has the meaning given such
term in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
(5) The term ``congressional defense committees'' means--
(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
Subtitle G--Amendatory Provisions, Transition Provisions, and Effective
Dates
SEC. 3291. <<NOTE: 50 USC 2481.>> FUNCTIONS TRANSFERRED.
(a) Transfers.--There are hereby transferred to the Administrator
all national security functions and activities performed immediately
before the date of the enactment of this Act by the following elements
of the Department of Energy:
(1) The Office of Defense Programs.
(2) The Office of Nonproliferation and National Security.
(3) The Office of Fissile Materials Disposition.
(4) The nuclear weapons production facilities.
[[Page 113 STAT. 969]]
(5) The national security laboratories.
(6) The Office of Naval Reactors.
(b) Authority to Transfer Additional Functions.--The Secretary of
Energy may transfer to the Administrator any other facility, mission, or
function that the Secretary, in consultation with the Administrator and
Congress, determines to be consistent with the mission of the
Administration.
(c) Environmental Remediation and Waste Management Activities.--In
the case of any environmental remediation and waste management activity
of any element specified in subsection (a), the Secretary of Energy may
determine to transfer responsibility for that activity to another
element of the Department.
SEC. 3292. <<NOTE: 50 USC 2482.>> TRANSFER OF FUNDS AND EMPLOYEES.
(a) Transfer of Funds.--(1) Any balance of appropriations that the
Secretary of Energy determines is available and needed to finance or
discharge a function, power, or duty or an activity that is transferred
to the Administration shall be transferred to the Administration and
used for any purpose for which those appropriations were originally
available. Balances of appropriations so transferred shall--
(A) be credited to any applicable appropriation account of
the Administration; or
(B) be credited to a new account that may be established on
the books of the Department of the Treasury;
and shall be merged with the funds already credited to that account and
accounted for as one fund.
(2) Balances of appropriations credited to an account under
paragraph (1)(A) are subject only to such limitations as are
specifically applicable to that account. Balances of appropriations
credited to an account under paragraph (1)(B) are subject only to such
limitations as are applicable to the appropriations from which they are
transferred.
(b) Personnel.--(1) With respect to any function, power, or duty or
activity of the Department of Energy that is transferred to the
Administration, those employees of the element of the Department of
Energy from which the transfer is made that the Secretary of Energy
determines are needed to perform that function, power, or duty, or for
that activity, as the case may be, shall be transferred to the
Administration.
(2) The authorized strength in civilian employees of any element of
the Department of Energy from which employees are transferred under this
section is reduced by the number of employees so transferred.
SEC. 3293. PAY LEVELS.
(a) Under Secretary for Nuclear Security.--Section 5314 of title 5,
United States Code, is amended by striking ``Under Secretary, Department
of Energy'' and inserting ``Under Secretaries of Energy (2)''.
(b) Deputy Administrators.--Section 5315 of such title is amended by
adding at the end the following new item:
``Deputy Administrators of the National Nuclear Security
Administration (3), but if the Deputy Administrator for Naval
Reactors is an officer of the Navy on active duty, (2).''.
[[Page 113 STAT. 970]]
SEC. 3294. CONFORMING AMENDMENTS.
(a) Reduction in Number of Assistant Secretaries of Energy.--(1)
Section 5315 of title 5, United States Code, is amended by striking
``(8)'' after ``Assistant Secretaries of Energy'' and inserting ``(6)''.
(2) Subsection (a) of section 203 of the Department of Energy
Organization Act (42 U.S.C. 7133) is amended in the first sentence by
striking ``eight'' and inserting ``six''.
(b) Functions Required To Be Assigned to Assistant Secretaries of
Energy.--Subsection (a) of section 203 of the Department of Energy
Organization Act (42 U.S.C. 7133) is amended by striking paragraph (5).
(c) Office of Naval Reactors.--Section 309 of the Department of
Energy Organization Act (42 U.S.C. 7158) is amended--
(1) by striking subsection (b);
(2) by striking ``(a)''; and
(3) by striking ``Assistant Secretary to whom the Secretary
has assigned the function listed in section 203(a)(2)(E)'' and
inserting ``Under Secretary for Nuclear Security''.
(d) Office of Fissile Materials Disposition.--(1) Section 212 of the
Department of Energy Organization Act (42 U.S.C. 7143) is repealed.
(2) The table of contents at the beginning of such Act is amended by
striking the item relating to section 212.
(e) Repeal of Restated Provision Relating to DOE Special Access
Programs; Conforming Amendment.--(1)(A) Section 93 of the Atomic Energy
Act of 1954 (42 U.S.C. 2122a) is repealed.
(B) The table of contents at the beginning of such Act is amended by
striking the item relating to section 93.
(2) Clause (ii) of section 1152(g)(1)(B) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50 U.S.C.
435 note) is amended to read as follows:
``(ii) the National Nuclear Security Administration
(which is required to submit reports on special access
programs under section 3236 of the National Nuclear
Security Administration Act); or''.
(f) Repeal of Five-Year Budget Requirement for DOE National Security
Programs.--Section 3155 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2841; 42 U.S.C. 7271b)
is repealed.
SEC. 3295. <<NOTE: 50 USC 2483.>> TRANSITION PROVISIONS.
(a) Compliance <<NOTE: Deadlines.>> with Financial Principles.--(1)
The Under Secretary of Energy for Nuclear Security shall ensure that the
compliance with sound financial and fiscal management principles
specified in section 3252 is achieved not later than October 1, 2000.
(2) In carrying out paragraph (1), the Under Secretary of Energy for
Nuclear Security shall conduct a review and develop a plan to bring
applicable activities of the Administration into full compliance with
those principles not later than such date.
(3) Not later than January 1, 2000, the Under Secretary of Energy
for Nuclear Security shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing the
results of that review and a description of that plan.
[[Page 113 STAT. 971]]
(b) Initial Report for Future-Years Nuclear Security Program.--The
first report under section 3253 shall be submitted in conjunction with
the budget submitted for fiscal year 2001.
(c) Procedures <<NOTE: Regulations. Deadline.>> for Computer
Access.--The regulations to implement the procedures under section 3235
shall be prescribed not later than 90 days after the effective date of
this title.
(d) Compliance <<NOTE: Deadlines.>> with FAR.--(1) The Under
Secretary of Energy for Nuclear Security shall ensure that the
compliance with the Federal Acquisition Regulation specified in section
3262 is achieved not later than October 1, 2000.
(2) In carrying out paragraph (1), the Under Secretary of Energy for
Nuclear Security shall conduct a review and develop a plan to bring
applicable activities of the Administration into full compliance with
the Federal Acquisition Regulation not later than such date.
(3) Not later than January 1, 2000, the Under Secretary of Energy
for Nuclear Security shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing the
results of that review and a description of that plan.
SEC. 3296. APPLICABILITY <<NOTE: 50 USC 2484.>> OF PREEXISTING
LAWS AND REGULATIONS.
Unless otherwise provided in this title, all provisions of law and
regulations in effect immediately before the effective date of this
title that are applicable to functions of the Department of Energy
specified in section 3291 shall continue to apply to the corresponding
functions of the Administration.
SEC. 3297. REPORT <<NOTE: 50 USC 2401 note.>> CONTAINING
IMPLEMENTATION PLAN OF SECRETARY OF
ENERGY.
Not <<NOTE: Deadline.>> later than January 1, 2000, the Secretary of
Energy shall submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a report
containing the Secretary's plan for the implementation of the provisions
of this title.
SEC. 3298. <<NOTE: 50 USC 2401 note.>> CLASSIFICATION IN UNITED STATES
CODE.
Subtitles A through F of this title (other than provisions of those
subtitles amending existing provisions of law) shall be classified to
the United States Code as a new chapter of title 50, United States Code.
SEC. 3299. <<NOTE: 50 USC 2401 note.>> EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
provisions of this title shall take effect on March 1, 2000.
(b) Exceptions.--(1) Sections 3202, 3204, 3251, 3295, and 3297 shall
take effect on the date of the enactment of this Act.
(2) Sections 3234 and 3235 shall take effect on the date of the
enactment of this Act. During the period beginning on the date of the
enactment of this Act and ending on the effective date of this title,
the Secretary of Energy shall carry out those sections and any reference
in those sections to the Administrator and the Administration shall be
treated as references to the Secretary and the Department of Energy,
respectively.
[[Page 113 STAT. 972]]
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3301. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2000,
$17,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Disposal of certain materials in National Defense Stockpile.
Sec. 3403. Limitations on previous authority for disposal of stockpile
materials.
SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2000, the
National Defense Stockpile Manager may obligate up to $78,700,000 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of such section, including the
disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection (a)
if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3402. DISPOSAL <<NOTE: 50 USC 98d note.>> OF CERTAIN
MATERIALS IN NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the President
shall make disposals from the National Defense Stockpile of materials in
quantities as follows:
(1) Beryllium metal, 250 short tons.
(2) Chromium ferro alloy, 496,204 short tons.
(3) Chromium metal, 5,000 short tons.
(4) Palladium, 497,271 troy ounces.
(b) Management of Disposal To Achieve Objectives for Receipts.--The
President shall manage the disposal of materials under subsection (a) so
as to result in receipts to the United States in amounts equal to--
(1) $10,000,000 during fiscal year 2000;
(2) $100,000,000 during the 5-fiscal year period ending
September 30, 2004; and
(3) $300,000,000 during the 10-fiscal year period ending
September 30, 2009.
[[Page 113 STAT. 973]]
(c) Minimization of Disruption and Loss.--The President may not
dispose of the material under subsection (a) to the extent that the
disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
(2) avoidable loss to the United States.
(d) Disposition of Receipts.--Notwithstanding section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds
received as a result of the disposal of materials under subsection (a)
shall be deposited into the general fund of the Treasury.
(e) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is in
addition to, and shall not affect, any other disposal authority provided
by law regarding the materials specified in such subsection.
(f) Increased Receipts Under Prior Disposal Authority.--(1) Section
3303(a)(2) of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat 2855; 50 U.S.C. 98d note) is amended
by striking ``$612,000,000'' and inserting ``$720,000,000''.
(2) Section 3305(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat 2057; 50 U.S.C. 98d note)
is amended--
(A) in paragraph (2), by striking ``$30,000,000'' and
inserting ``$50,000,000'';
(B) in paragraph (3), by striking ``$34,000,000'' and
inserting ``$64,000,000''; and
(C) in paragraph (4), by striking ``$34,000,000'' and
inserting ``$67,000,000''.
(g) Elimination of Disposal Restrictions on Earlier Disposal
Authority.--Section 3303 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 629) is repealed.
SEC. 3403. LIMITATIONS ON PREVIOUS AUTHORITY FOR DISPOSAL OF
STOCKPILE MATERIALS.
(a) Public Law 105-261 Authority.--Section 3303(b) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2263; 50 U.S.C. 98d note) is amended--
(1) by striking ``(b) Limitation on Disposal Quan-
tity.--'' and inserting ``(b) Limitations on Disposal
Authority.--(1)''; and
(2) by adding at the end the following:
``(2) The President may not dispose of materials under this section
in excess of the disposals necessary to result in receipts in the
amounts specified in subsection (a).''.
(b) Public Law 105-85 Authority.--Section 3305(b) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 2058; 50 U.S.C. 98d note) is amended--
(1) by striking ``(b) Limitation on Disposal Quan-
tity.--'' and inserting ``(b) Limitations on Disposal
Authority.--(1)''; and
(2) by adding at the end the following:
[[Page 113 STAT. 974]]
``(2) The President may not dispose of cobalt under this section in
excess of the disposals necessary to result in receipts in the amounts
specified in subsection (a).''.
(c) Public Law 104-201 Authority.--Section 3303(b) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2855; 50 U.S.C. 98d note) is amended--
(1) by striking ``(b) Limitation on Disposal Quan-
tity.--'' and inserting ``(b) Limitations on Disposal
Authority.--(1)''; and
(2) by adding at the end the following:
``(2) The President may not dispose of materials under this section
in excess of the disposals necessary to result in receipts in the
amounts specified in subsection (a).''.
TITLE <<NOTE: Panama Canal Commission Authorization Act for Fiscal Year
2000.>> XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Office of Transition Administration.
Sec. 3505. Expenditures only in accordance with treaties.
SEC. 3501. <<NOTE: 22 USC 3601 note.>> 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 the period
October 1, 1999, through noon on December 31, 1999.
(b) Limitations.--For the period described in subsection (a), the
Panama Canal Commission may expend from funds in the Panama Canal
Revolving Fund not more than $75,000 for official reception and
representation expenses, of which--
(1) not more than $21,000 may be used for official reception
and representation expenses of the Supervisory Board of the
Commission;
(2) not more than $10,500 may be used for official reception
and representation expenses of the Secretary of the Commission;
and
(3) not more than $43,500 may be used for official reception
and representation expenses of the Administrator of the
Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds available to
the Panama Canal Commission shall be available for the purchase and
transportation to the Republic of Panama of replacement passenger motor
vehicles, the purchase price of which shall not exceed $26,000 per
vehicle.
[[Page 113 STAT. 975]]
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 <<NOTE: 22 USC 3714a note.>> 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 the
Office of Transition Administration shall have the status of the
head of an agency.
(3) Offices.--The Office of Transition Administration shall
have offices in the Republic of Panama and in the District of
Columbia. Section 1110(b)(1) of the Panama Canal Act of 1973 (22
U.S.C. 3620(b)(1)) does not apply to such office in the Republic
of Panama.
(4) Office of transition administration defined.--In this
subsection the term ``Office of Transition Administration''
means the office established under section 1305 of the Panama
Canal Act of 1979 (22 U.S.C. 3714a) to close out the affairs of
the Panama Canal Commission.
(5) Effective date.--This subsection shall be effective on
and after the termination of the Panama Canal Treaty of 1977.
(c) Oversight <<NOTE: 22 USC 3714a note.>> of Close-Out
Activities.--The Panama Canal Commission shall enter into an agreement
with the head of a department or agency of the Federal Government to
supervise the close out of the affairs of the Commission under section
1305 of the Panama Canal Act of 1979 and to certify the completion of
that function.
SEC. 3505. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this title may be made only in
accordance with the Panama Canal Treaties of 1977 and any law of the
United States implementing those treaties.
TITLE <<NOTE: Maritime Administration Authorization Act for Fiscal Year
2000.>> XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Short title.
Sec. 3602. Authorization of appropriations for fiscal year 2000.
Sec. 3603. Extension of war risk insurance authority.
Sec. 3604. Ownership of the JEREMIAH O'BRIEN.
SEC. 3601. <<NOTE: 46 USC app. 1245 note.>> SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2000''.
[[Page 113 STAT. 976]]
SEC. 3602. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000.
Funds are hereby authorized to be appropriated, to be available
without fiscal year limitation if so provided in appropriations Acts,
for the use of the Department of Transportation for the Maritime
Administration as follows:
(1) For expenses necessary for operations and training
activities, $79,764,000 for fiscal year 2000.
(2) For expenses under the loan guarantee program authorized
by title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271 et seq.), $14,893,000 for fiscal year 2000, of which--
(A) $11,000,000 is for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $3,893,000 is for administrative expenses
related to loan guarantee commitments under the program.
SEC. 3603. EXTENSION OF WAR RISK INSURANCE AUTHORITY.
Section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1294)
is amended by striking ``June 30, 2000'' and inserting ``June 30,
2005''.
SEC. 3604. OWNERSHIP OF THE JEREMIAH O'BRIEN.
Section 3302(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.''.
Approved October 5, 1999.
LEGISLATIVE HISTORY--S. 1059 (H.R. 1401):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 106-162 accompanying H.R. 1401 (Comm. on Armed
Services) and 106-301 (Comm. of Conference).
SENATE REPORTS: No. 106-50 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 145 (1999):
May 24-27, considered and passed Senate.
June 14, considered and passed House, amended, in lieu of
H.R. 1401.
Sept. 15, House agreed to conference report.
Sept. 21, 22, Senate considered and agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Oct. 5, Presidential remarks and statement.
<all>